Defence responds after Crown argues Ontario couple 'tortured and starved' 2 brothers

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The defence gets a chance to reply and Kim Edward, Cooney's lawyer, is responding now.

She disputes how J.L. Could have been injured with zip-ties given how they were allegedly positioned. 

Conlan asks for more information about how the Crown sees the alleged forcible confinement, failure to provide the necessaries of life and murder interacting from a legal perspective.

He and MacKenzie go back and forth over how the other unlawful acts might elevate a second-degree murder to a first-degree murder.

Conlan now calls a break for staff to write things down.

Conlan asks for more information about how the Crown sees the alleged forcible confinement, failure to provide the necessaries of life and murder interacting from a legal perspective.

He and MacKenzie go back and forth over how the other unlawful acts might elevate a second-degree murder to a first-degree murder.

Conlan now calls a break for staff to write things down.

The law states someone who commits murder while lawfully confining someone has committed first-degree murder, MacKenzie says.

MacKenzie contends she and Frew have proved the Crown’s case beyond a reasonable doubt, so the couple should be found guilty of first-degree murder.

"The Crown's evidence on all elements of the case is overwhelming."

She says Hamber and Cooney abused the brothers for five years and ultimately starved L.L. To death.

That wraps up MacKenzie’s arguments.

The Crown is now speaking on evidence on what Justice Canlon can consider in the area of each charge, including forcible confinement relating J.L..

MacKenzie is detailing sections of the law and previous cases, for Canlon to consider how they may be applied to each count.

“Unfortunately my thoughts [are] he is suddenly going to die and im going to jail,” Cooney texted her wife on Nov. 20, 2022, the trial heard in December. 

That's critical, because it shows Hamber and Cooney knew the possible consequences, MacKenzie says today. 

She says the couple seemed more concerned about going to jail than the child's health.

Seeing what they saw over time, any person — and particularly any parent — would know the risk, MacKenzie says.Their animus for the child was strong, they continued the treatment and when they called for medical help, it was too late.  

MacKenzie says there's evidence the couple knew what they were doing was wrong. She notes they told service providers the boys might lie about them.

She says it's clear that on Nov. 20, 2022, they knew he might need emergency care and described him as starving and shivering, burning calories he did not have. 

Still, she says, they returned the boy to exercising by climbing stairs in the following days and took away his blanket. 

It's now past 5 p.m., which is usually when court wraps.

MacKenzie says she has more to say.

Conlan says "whether we're here til 6 p.m. Or 9 p.m., we finish today."

The only plausible explanation for the water is that as on Nov. 20, the couple put L.L. In hot water to warm him up, MacKenzie says. The Crown says they used their outdoor hot tub and notes Hamber called 911 from outside.

She says Hamber must have done this so she could cover the hot tub before first responders arrived. Hamber and Cooney have denied this. 

MacKenzie says no reasonable parent would have gone outside to make such a call, noting the dispatcher had instructions for her and Cooney about giving L.L. CPR.

The lawyer brings up the toboggan MacGregor mentioned this morning. It's in photos police took during a search warrant and an investigator seized it later when he saw it out on the curb for garbage collection.

Hamber and Cooney have denied owning the sled. 

"The evidence is overwhelming" that L.L. Died of hypothermia, MacKenzie says.

L.L. Slept in a daycare cot with no blanket, and was wearing a short-sleeve wetsuit when he died, MacKenzie says.

She says that based on the overall evidence, L.L. Was in a puddle of water — not vomit as MacGregor suggested.

She says evidence suggests the couple had been running a space heater in the room.

Dr. Nora Labib, who worked in the hospital emergency department the night L.L. Died, testified the child was hypothermic and wet, MacKenzie recounts. 

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