Ontario couple accused of murder 'fought to the last moment' to keep boy in their care alive, lawyer says

Ontario's former baby counselor says children's financial aid societies made 'bad decisions' leading up to dying of boy

Closing submissions begin today in Milton, Ont., at the trial of the Burlington couple accused in the death of a 12-year-old and crimes against his younger brother.

Becky Hamber, 46, and Brandy Cooney, 44, are alleged to have abused and neglected the brothers, who had been living with the couple for about five years after the brothers were with foster parents in Ottawa.

The Indigenous boys' identities are protected under a publication ban. For our coverage, we're referring to the older boy, who was 12 when he died on Dec. 21, 2022, as L.L. And his younger brother as J.L.

The couple have pleaded not guilty to first-degree murder of L.L., as well as not guilty to confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L. 

The judge-alone trial, which began in mid-September in Superior Court, is before Justice Clayton Conlan.

Over seven months, the trial has heard from dozens of witnesses, including social service workers, health professionals, educators and police. Hamber, Cooney, and J.L., now 14, also testified over multiple days. 

Evidence includes thousands of deleted text messages that police accessed, hours of audio recordings and hundreds of images, including from security cameras the women used to surveil the boys.

Witness testimony wrapped Jan. 23, with Conlan calling the trial "lengthy and difficult." Closing arguments are scheduled after today for March 27.

After closing arguments, Conlan will likely decide Cooney's and Hamber's fate sometime this spring. 

When the couple called 911 the night L.L. Died (Dec. 21, 2022), they sounded "frantic," Edward says.

First responders who testified did not recount seeing water in the hallways or smell urine, she says. (Court previously heard that L.L. Was found wet in the basement after the 911 call was made).

One firefighter said he saw a toboggan, but nobody else did. Edward says his evidence had a lot of errors.

The Crown has said the couple used a toboggan, which police found at the house, to transport L.L. To their outdoor hot tub in an attempt to warm him. He had been shivering in his basement bedroom.

The co-accused deny that, or even owning the toboggan.

Warning: This post references self-harm.

Edward recounted testimony about the boys' alleged self-harming behaviours and violence, including at school before the couple decided to homeschool them. 

Cooney and Hamber have said they were reluctant to take actions such as restraining the boys, but that if they didn't, they could not stop them from behaviours such as picking at their skin.

Neighbours have said Hamber and Cooney were socially awkward but open about their challenges, Edward says.

She says educators who testified recounted the boys’ self-harm and mental health concerns, but did not report these to children's aid.

Edward also suggests at least one witness' testimony was coloured by their dislike of the co-accused.

L.L. And J.L. Were more than Walsh — an experienced foster parent — could manage, Edward says. 

Much of the defence's case is based on the idea that the brothers were too challenging for Cooney and Hamber to handle, despite their best efforts. 

The Crown has questioned this and argued the couple exaggerated the behaviours they've described. 

As the proceedings start, about 20 people are in the gallery.

Members of the public are watching intently and making their own notes.

Hamber and Cooney are wiping tears away as Edward speaks about her client, Cooney.

Edward says she will summarize testimony from different categories of witnesses: people who knew the family, people in their community, health-care professionals and child protection workers, and law enforcement and first responder witnesses.

She starts with Heather Walsh, L.L.’ and J.L.'s foster parent before they went to live with Hamber and Cooney. Walsh testified early in the trial. 

Walsh's testimony shows the boys had behavioural issues, Edward says, referring to what Cooney and Hamber said in their testimonies. 

Kim Edward, Cooney's defence lawyer, starts closing arguments by saying her client’s position is she only ever confined J.L. To keep him safe. 

Edward says Cooney did not assault J.L. (the younger boy who testified during the trial) and that when he injured his feet with zip-ties, it was his fault for rubbing up against them. 

Edward says the court has not proven Hamber and Cooney did anything but fight to keep these children alive.

Cooney and Hamber "fought to the last moment" to keep L.L. Alive, she says.

I’ll be inside the courtroom today, giving you a first-hand look at the proceedings and capturing reactions as closing arguments get underway. 

I'm Justin Chandler, a reporter in Hamilton who's been covering this trial since last fall. 

Court proceedings have started. 

The trial has heard Becky Hamber called 911 to report L.L. Had no vital signs.

First responders found the child in a pool of liquid on the floor of his basement bedroom. They brought him to hospital, but doctors couldn't revive him.

Here’s some of what we’ve heard in the proceedings so far:

For more details, read Justin Chandler’s full story about the trial so far.

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