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Ontario's former baby pleader says children's assistance societies made 'bad decisions' leading up to dying of boy
Good morning. I’m John Mazerolle, a senior producer in P.E.I. And I’m running today’s live page.
Testimony in the trial for an Ontario couple charged in the death of one boy and what Crown prosecutors have alleged was the torture of his brother in their care is expected to wrap today.
Proceedings in the Ontario Superior Court trial, which began in mid-September in Milton, resumed this morning with co-accused Becky Hamber in the witness box for a sixth day.
Crown prosecutors and defence lawyers have questioned Hamber, 46, about the way she and wife Brandy Cooney treated the brothers in their care. Hamber has maintained she loved and did nothing to hurt the boys as they were going through the adoption process.
Hamber and Cooney, 44, 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, is before Justice Clayton Conlan.
Final arguments are expected in March.
Before the break started, Frew pulled up a document from 2019, produced when L.L. Was discharged following a hospital stay. It notes it was worth exploring L.L. Had attention deficit hyperactivity disorder (ADHD).
Frew says the couple was resistant to a possible ADHD diagnosis.
Hamber says they didn’t see the symptoms.
Frew points out they were not experts.
In October, psychiatrist Dr. Alan Brown testified based on his observations in hospital, L.L. Likely had disruptive mood dysregulation disorder, post-traumatic stress disorder, reactive attachment disorder and ADHD.
Court on break.
Proceedings will resume in about 15 minutes.
JFrew presses Hamber on whether an eating disorders group called Danielle’s Place might have helped L.L., if he did indeed have an eating disorder.
Hamber says it might have, but she prioritized other factors. She did not see the group as the same as a hospital eating disorders clinic that she testified she wanted to get L.L. Into, Hamber says.
Frew lists services she says one or both of the boys could have taken but that Hamber turned down, including trauma therapy and an eating disorders program.
Hamber repeatedly says she did not feel those services were right at the time and that she sought other services instead.
"We’re not perfect parents," she said, adding that in the past, CAS questioned her and Cooney for having "too many" services.
Frew says that out of fear the boys would disclose what was happening to them, Hamber and Cooney never let the boys have private meetings with Children's Aid Society workers.
Hamber disagrees and says it was never explained to her what private visits were.
The trial has heard CAS is supposed to meet with children privately.
Frew suggests Hamber wouldn’t let the boys get applied behavior analysis therapy because she wasn’t allowed to record the sessions.
Hamber says it was because she didn’t think it was the right time for them to do the programming.
Frew responds Hamber wanted to control what L.L. Was saying, which Hamber denies.
"You and your wife didn’t want either child meeting with anyone … without one of you present or one of them having the knowledge that you were watching," Frew says.
Hamber says that at times, that was true.
"You didn’t want them to have the ability to tell anyone what was going on in your home," Frew says.
"I disagree," Hamber replies.
Hamber didn’t let any service providers work with boys long enough to form attachments, Frew alleges.
"I wouldn’t say we wouldn’t let them," Hamber responds, saying the couple had funding issues or scheduling issues that prevented them from building longer relationships with service providers.
The Crown lawyer asks Hamber if she ended relationships when service providers started pushing for privacy or weren’t following her demands.
"I would not agree," she answers.
The trial has heard from multiple service providers. In the fall, one social worker said she asked for privacy for the boys during sessions, but could tell Hamber or Cooney was still listening.
Hamber now says she made sure the boys had headphones for privacy.
Frew says she wanted to know everything the boys said.
Hamber says she just wanted to mirror what service providers were doing and understand if there were any triggers.
In one case, Frew says, Hamber asked to record therapy sessions and the provider denied her.
She says asking to record a therapy session is "standard practice" and "not unheard of."
Frew asks Hamber about a video she recorded in September 2023 after she had been charged with assault of J.L., but before she was charged with murder of L.L.
Hamber said in the video, which was played in court yesterday, that it was an affidavit and swore on a Bible, Frew notes.
In court, Hamber now testifies she does not remember making the video and adds she did not know what an affidavit was.
Frew presses Hamber on claims she made in the video. For example, she says, Hamber was lying when she recorded she had never tied up or restrained J.L.
In court, Hamber has agreed she used restraints.
She also says she wouldn’t call her statement in the video a lie.
Frew suggests to Hamber that she and her wife concocted that the boys were abused before they were put in their care so they could say any complaints the boys may make against her and Cooney had happened previously.
Hamber denies that.
Frew contends the allegations also got the couple more attention from service providers and on social media, where Hamber mentioned parenting kids with trauma.
Hamber denies that too.
Good morning, I’m Justin Chandler, a reporter who’s been covering this trial.
Proceedings are beginning with Hamber in the witness box for what we expect to be the final day.
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