'We can't wake him up': 911 call on day boy was found unconscious played at Ontario couple's murder trial

Ontario's former baby counsellor says children's assistance societies made 'bad decisions' leading up to demise 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.

At the start of the 911 call, Hamber apologizes for a neighbour’s dog barking. She says she’s outside with her animals.

She tells the dispatcher that she and Cooney were “on adoption probation with CAS.”

Hamber says L.L. Has “blue lips,” is unconscious and she thinks he has choked on his own vomit.

“We can’t wake him up,” Hamber is heard saying.

She tells the dispatcher Cooney is doing CPR.

The dispatcher directs the couple how to do chest compressions and asks them to count out loud to ensure they’re going at the right speed.

Cooney mentions her father-in-law, who has dementia, is “outside waiting.”

She tells the dispatcher a police officer has arrived. 

The dispatcher ends the call after confirming first responders are there. 

In court, Hamber says she probably went out to get fresh air to prevent herself from going into anaphylactic shock. 

Hamber tells Frew she stayed in the house by Cooney and L.L. As her wife performed CPR on the boy.

Why then, Frew asks, were you in the backyard during the 911 call?

Hamber says she wasn’t.

Frew says that’s incorrect and she’ll have to play the 911 call again.

Frew asks about the last day of L.L.’s life, Dec. 21, 2022. 

She asks if Hamber remembers letting L.L. Change clothes or leave his room that day.

Hamber says she’s not sure about the clothes, but remembers passing L.L. In the hall. At the time, she confirms, L.L. Did not have free reign to go anywhere in the house.

Frew asks if L.L.’s food was pureed for misbehaving that day.

“It’s possible,” Hamber replies.

Frew says she’s not trying to be cruel, but needs Hamber to recount what she remembers about the boy’s death again. Previously, Hamber cried in the witness box while describing the events.

Days later, the couple texted about cleaning L.L.'s restraints and having him clean his clothes using a wash cloth.

Hamber referred to it as "gross."

In court, she says they would sometimes direct the boy to wash his clothes in the shower.

Reading more texts from the days following Nov. 20, Frew notes Cooney and Hamber referred to L.L. As "that f—ing kid."

He had stopped “acting drunk,” the women said.

Things "went back to normal" after that, Frew says.

Hamber agrees.

On Nov. 20, 2022, when L.L. Appeared unwell, the couple could not take him to the hospital, or someone would learn he wasn’t being cared for at home, Frew said.

Hamber disagrees.

Court is back from the lunch break, and Crown lawyer Kelli Frew continues to cross-examine Hamber.

Frew says texts show Cooney told Hamber that L.L. Was still not speaking properly and continued to seem unwell.

The judge has now called the lunch break. Proceedings will resume around 2 p.m. ET.

In texts the next day, Hamber asked her father-in-law, Ed Cooney, to put L.L. On the stairs.

The trial has heard the couple would direct the boys to climb up and down the stairs for exercise.

"Not a great parenting decision at the time," Hamber says, adding perhaps she didn't mean for him to work out, but to have a "transition" between activities.

She says she might have been distracted dealing with J.L.

Cooney texted to say L.L. Could not stand, court hears.

Frew asks if that was not a sign to go for help.

Hamber says she recalled L.L. Was responsive again.

Reading a text from Cooney referencing her pants being frozen, Frew asks if perhaps the couple had taken L.L. Outside to put him in their hot tub.

Hamber says no, that they put him in their bathtub.

"You had no idea what was causing these sudden or terrifying symptoms, did you?" Frew asks.

"No, we did a Google search" and treated him, Hamber says.

In other cases, Frew says, Hamber relied on experts, but when she didn’t know if the boy was dying, she chose not to.

"You did know you could call 911, right?” Frew asks, adding the couple lived seven minutes from the hospital.

Hamber says they would have if L.L. Got worse.

Cooney texted she worried L.L. Would die and she would go to jail.

Hamber says she was letting her wife rant and insists his condition was improving.

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