Two young brothers who needed to be 鈥渁ppreciated, loved and taken care of鈥 were instead 鈥渄espised, deprived and abused鈥 in the Burlington home of their prospective adoptive parents, a Crown attorney told a judge Monday at the opening of a horrific Ontario murder trial.
Brandy Cooney and Becky Hamber, both in their 40s, have pleaded not guilty to first-degree murder in the death of the oldest boy, 12, and not guilty to forcible confinement, assault with a weapon and failing to provide the necessaries of life in relation to his younger brother. The boys cannot be identified under a publication ban intended to protect the surviving brother.
On Monday, prosecutor Kelli Frew gave an overview of the Crown鈥檚 case to Superior Court Justice Clayton Conlan, who is hearing the case without a jury. The accused, who are in custody, sat in separate prisoner’s boxes.
The Indigenous brothers had previously been in the foster care of an Ottawa family, but in October 2017, the Children鈥檚 Aid Society entrusted Cooney and Hamber with the boys when they were five and almost seven.
Cooney and Hamber were put under 鈥渁doption probation,鈥 a transitional time after a child is placed with prospective parents but before the adoption is finalized, which never happened.聽
On Dec. 21, 2022, the older brother stopped breathing. Cooney tried to resuscitate him, while Hamber called 911. First responders arrived to find an emaciated, soaking wet boy lying in a puddle on the floor of a tiny basement bedroom of the home 鈥 where he had spent much of the last year of his life behind a locked door, Frew said. The boy was pronounced dead that evening.
Despite being 12, his size was more in line with an average six-year-old, and emergency personnel 鈥渨ere shocked at the conditions in which he had apparently been living,鈥 Frew told the judge. There was nothing but a small mesh cot and a garbage can in the room, and cameras were posted in the corner and throughout the house. The door was found with a lock on it, she said.
Shayne MacDonald, who fatally stabbed his aunt, has been sentenced to life imprisonment with no chance at parole eligibility for 14 years.
Shayne MacDonald, who fatally stabbed his aunt, has been sentenced to life imprisonment with no chance at parole eligibility for 14 years.
The surviving brother will testify that the women used zip ties to strap his shoes to his feet, causing injuries, and erected a 鈥渞estraint system,鈥 Frew said. The evidence will show 鈥渢he level of control that these women exerted over virtually all aspects鈥 of the boys鈥 young lives 鈥渄ay in and day out.鈥
Text messages between the women, and between them and Cooney鈥檚 father 鈥 all of which were deleted four days after the boy died 鈥 鈥渟how the clear hatred they had developed for these boys, and the deceased in particular,鈥 the prosecutor said. The messages show the boys were 鈥渃onfined, psychologically, and physically,鈥 and that the eldest 鈥渨as left to die in that basement bedroom by the two people who were being trusted and paid to keep these children safe, healthy and cared for.鈥
Messages between the two exchanged about a month before the older boy鈥檚 death are 鈥減articularly telling,鈥 said Frew, co-counsel with Monica MacKenzie.
On Nov. 20, 2022, Cooney found him in the basement shivering. His one eye was unfocused; he had fallen and was having difficulty standing and speaking. In their text messages, they questioned if he was dying.
Rather than call for help, they placed him in hot water, put him in his bed and swapped out his 鈥渘ormal attire鈥 of a wetsuit for clothes, Frew continued. They gave him a walkie-talkie, 鈥渁nd then they carry on,鈥 she said.
The next day, when his eyes were still 鈥渨onky鈥 and his speech was strange, the women debated in text whether or not he had brain damage 鈥 but still did not get him any medical assistance, Frew said. A day later, his nose was bleeding and he was vomiting, and they didn鈥檛 get him any medical help and took away his walkie-talkie, one of them messaging, 鈥淣ow that he鈥檚 not drunk.鈥
Over the next few weeks, prosecutors plan to call neighbours, teachers and representatives from various service providers who interacted with the boys and the women. First responders and doctors are also on the witness list, as are several experts, including the co-director of suspected child abuse and neglect at Toronto鈥檚 SickKids hospital.
Children鈥檚 aid societies have housed hundreds of kids, including many with mental health conditions and high-risk behaviours, in unlicensed settings.
Children鈥檚 aid societies have housed hundreds of kids, including many with mental health conditions and high-risk behaviours, in unlicensed settings.
Court heard Monday from Heather Ruth Walsh, the foster parent who looked after the boys for a number of years at her home in Ottawa. She recalled bringing them to Burlington to live with the couple, and testified that she told Hamber and Cooney about some of their behavioural issues. The older boy could be aggressive, for instance, kicking his teacher, and biting and punching his little brother, she said.
Cooney and Hamber appeared to shrug off any concerns, Walsh said. Over time, she said she formed the impression 鈥渋t was more about them than it was about the kids.鈥
Asked to describe the children, she said the older brother was 鈥渁 really charming kid,鈥 who was intelligent and enthusiastic even about the simplest things.
鈥淗e had such a joy of life, he was 鈥 such a social little guy 鈥 he was a little spitfire.鈥
His little brother was much more reserved and 鈥渨ore his heart on his sleeve,鈥 she said.
Under cross-examination, Cooney鈥檚 lawyer, Kim Edward, asked Walsh about a time the older boy threatened to kill her and her family.聽
鈥淚 don鈥檛 remember what it was he was so upset about; it was one of those rages that went on and on,鈥 she replied.
鈥淭hat鈥檚 a pretty intimidating threat, right?鈥 Edward said.聽
鈥淚t is,鈥 she replied, adding that she reported it to CAS and recommended that both children need counselling. Several times she made the request, but it didn鈥檛 come through immediately.
Hamber is represented by veteran 海角社区官网defence lawyer Monte MacGregor and Nabeel Sheiban.
The trial continues in Milton on Tuesday.
