WARNING: This story details allegations of child abuse.
Defence lawyers for two Burlington, Ont., women accused of murdering a boy in their care cross-examined his younger brother Friday, questioning his credibility, memory and motives.
Kim Edward, who represents one of the women, Brandy Cooney, suggested to the boy that he tells the story of whoever is in charge of his care.
“You tell them the story you think they want to hear so you feel safe and protected,” she said, and suggested he fabricated allegations against Cooney and Becky Hamber to please his current caregivers.
“That’s not true,” the boy, J.L., said.
J.L., as he’s referred to for CBC’s coverage of this trial since the boys’ identities are protected under a standard publication ban, is now 13. His brother, L.L., was 12 when he died on Dec. 21, 2022.
J.L. testified over two days in mid-November. The trial heard recordings of the couple taunting him and saw images of cuts on his feet, which J.L. said were from the women tying him into a wetsuit. J.L. said that near the end of his time with them, the women would force him to wear a wetsuit at all times, confine him to his room for hours and only feed him pureed food.
Hamber and Cooney have pleaded not guilty to first-degree murder in the trial that began in mid-September in Superior Court of Ontario in Milton. They’ve entered the same plea related to charges of confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L.
The Crown argues Hamber and Cooney abused and neglected the Indigenous children.
The trial has heard paramedics found L.L. unresponsive, soaking wet and lying on the basement floor of his bedroom, which was locked from the outside. Witnesses said he was so severely malnourished and emaciated that he looked as if he could be six years old, even though he was twice that age. He died shortly after in hospital.
The women’s respective lawyers argue the couple were doing their best to care for children with high needs and significant behavioural problems, with little help from the Children’s Aid Society (CAS) and service providers.
Witnesses, including first responders, medical experts, teachers, therapists and doctors, have testified at the judge-alone trial, which is expected to continue until at least early December.
Edward’s cross examination of J.L. largely focused on the idea that he was lying about the couple.
The trial previously heard that in 2018, the brothers alleged their foster parents before the Burlington women had abused them, but that those allegations were investigated and deemed unfounded.
In a 2023 police interview played in court, J.L. said those foster parents were “great people,” and his claims against them were actually made up by Cooney and Hamber, who instructed the boys to repeat them.
Edward said J.L. was angry when workers from Halton Children’s Aid Services took him from the Burlington home two days after L.L. died.
“You’re here,” she said, “Because you’re mad at Becky and Brandy and you need to make sure the people who look after you think you’re a good boy. Is that correct?”
“Not at all,” J.L. said.
Hamber’s lawyer says J.L. made up evidence to help lawsuit
Hamber’s lawyer, Monte MacGregor, suggested a different motive for J.L. to make up testimony: $4 million.
He said that’s how much the boy’s birth family is suing Hamber and Cooney for in a separate legal matter. MacGregor said that amount “would definitely change the life you live and the life your family lives” and “that’s one of the reasons you came here and changed your story.”
“I think because of the love for your mom, you would be willing to say whatever was necessary to help her,” he said.
While J.L. agreed he would do anything for his mother, he said he was not lying to help her win a lawsuit.
J.L. has said he missed meals while living with Hamber and Cooney, and said that at some point in his five-year stay with the couple, he was confined to his room more than 90 per cent of the time and only fed pureed food.
The defence has said the couple used pureed food on the recommendation of a therapist, as a means of dealing with childhood trauma.
On Friday, MacGregor showed the court multiple photos of J.L. and L.L. doing things outside their rooms and smiling, including playing in the snow, visiting a farm, doing crafts and posing with Cooney and Hamber.
The trial heard some dates on the photos may have been incorrect, but MacGregor said many were from 2022 — a time when J.L. has said he was mostly confined to his room.
McGregor said J.L. was genuinely enjoying himself in those moments captured on camera but the boy said he was probably faking it.
J.L. said he did not remember a lot of the photos and thought some must have been from years earlier. For example, he said one photo must have been before 2022 because he thought the glasses he was wearing in the photo were not what he wore at that time.
Defence suggests couple fed boys well
MacGregor also showed J.L. multiple photos of meals, many from Hamber’s cooking Instagram, which featured captions about feeding children and cooking for boys with childhood trauma. Hamber frequently tagged posts “#traumamomsforthewin.”
J.L. said he did not recall eating many of the meals, or meals like them.
MacGregor also asked J.L. about tantrums the trial has heard he had, which included self harm, per some testimony.
J.L. said he didn’t remember multiple instances MacGregor described, but said he would sometimes hurt himself.
MacGregor said the couple locked J.L. in his room because he would run away, that they tied shoes to his feet to keep him from picking his skin, and put him in a wetsuit because he had issues with urination.
He also said J.L. would sometimes hit Cooney and Hamber.
“If they’re trying to tie my legs and arms up I might fight back, but anyone would. I wouldn’t just go around and start hitting or punching people,” J.L. said.
The trial is set to continue on Nov. 28.
If you’re affected by this report, you can look for mental health support through resources in your province or territory.
