Closing arguments in Ontario murder trial for prospective parents of 2 brothers enter 2nd day

closure arguments take up in caseful of Ontario boy allegedly killed by couple up trying to adopt him

Ontario's former child advocate says children's aid societies made 'bad decisions' leading up to death of boy

Closing submissions continue today at the Superior Court trial of the Burlington couple accused in the death of a 12-year-old and crimes against his 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 they 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 died on Dec. 21, 2022, as L.L. And his younger brother as J.L., who’s now 14.

Hamber and Cooney have pleaded not guilty to all charges: first-degree murder of L.L., and confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L.

On Monday, defence lawyers contested the charges against their clients, arguing the women didn’t intentionally hurt the children.

Justice Clayton Conlan, who’ll decide the women’s fates later this spring, heard Kim Edward, representing Cooney, and Monte MacGregor, Hamber’s lawyer, both contend the women didn’t intentionally harm the children.

Closing arguments are expected to end today. 

MacGregor is set to address the court for about an hour more before the Crown makes its case. The defence will then have a chance to respond to the Crown’s arguments.

Closing arguments start in case of Ontario boy allegedly killed by couple trying to adopt him

Closing arguments are underway in the case of two would-be adoptive parents facing first-degree murder and other charges. The case in Milton, Ont., has raised questions about why the boy and his brother remained in their care despite numerous red flags raised by professionals. The case has advocates calling for urgent changes to the child welfare system.

Defence lawyers Kim Edward and Monte MacGregor argued Monday that Becky Hamber and Brandy Cooney didn’t seek to harm the brothers.

Justice Clayton Conlan noted that L.L. Was malnourished, which has been linked to L.L.’s death, but MacGregor said the women had no “calculated scheme.” MacGregor and Edward said that essentially, the couple's actions showed intent to keep L.L. And J.L. Safe. 

Both lawyers suggested L.L. Likely had an electrolyte imbalance caused by refeeding syndrome, but there's no way the couple would have known he was at risk for that. When the 12-year-old died on Dec. 21, 2022, he was about the weight he was when he was half his age.

Edward said Hamber and Cooney only ever restrained the brothers using zip ties to keep them from harming themselves, and that if Conlan finds they broke the law in doing so, she would raise a defence of necessity.

MacGregor focused much of his arguments on what he described as inaction and a lack of urgency by L.L.'s primary caregivers. In testimony, he said, the child's physician and psychiatrist showed they did not understand the urgency of L.L.'s condition. 

If those medical professionals didn't know he was at risk, he argued, how can anyone say Hamber and Cooney should have known he needed to go to a hospital? 

Court heard that while vulgar text messages Cooney and Hamber exchanged about the brothers were "disgusting," they don't prove an intent to kill. 

MacGregor pointed to an August 2022 email sent from Hamber to the Children’s Aid Society about five months before L.L.’s death. He called that email one of the most "critical" pieces of evidence in this case. It said the boy had developed rumination and that, pending results from medical appointments, she and Cooney would push to get him into an eating disorders clinic.

Closing submissions continue today at the Superior Court trial of the Burlington couple accused in the death of a 12-year-old and crimes against his 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 they 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 died on Dec. 21, 2022, as L.L. And his younger brother as J.L., who’s now 14.

Hamber and Cooney have pleaded not guilty to all charges: first-degree murder of L.L., and confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L.

On Monday, defence lawyers contested the charges against their clients, arguing the women didn’t intentionally hurt the children.

Justice Clayton Conlan, who’ll decide the women’s fates later this spring, heard Kim Edward, representing Cooney, and Monte MacGregor, Hamber’s lawyer, both contend the women didn’t intentionally harm the children.

Closing arguments are expected to end today. 

MacGregor is set to address the court for about an hour more before the Crown makes its case. The defence will then have a chance to respond to the Crown’s arguments.

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