'We can't wake him up': 911 call played as proceedings wrap for trial of couple charged in boy’s death

It’s been four months since the start of a murder trial that’s scrutinized the actions of a Burlington, Ont., couple who’d been trying to adopt two brothers. 

Today, co-accused Becky Hamber faced final questioning from the Crown and re-examination by her own lawyer, Monte MacGregor, before proceedings wrapped, and Justice Clayton Canlon set final arguments for two days in late March in Milton Superior Court. 

The trial has been “lengthy and difficult,” said Canlon, who’ll decide the fate of the women on his own later this spring. 

It heard how the older boy, 12-year-old L.L., was found unconscious, wet and emaciated in the home’s basement the day he died, on Dec. 21, 2022. In November, his younger brother J.L., now 13, testified about how Hamber and her wife Brandy Cooney would restrain him when he had tantrums.

Hamber and Cooney, who testified late last year over several days, have pleaded not guilty to murder. They entered the same pleas to charges of confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L. 

In her cross-examination of Hamber today, her sixth day in the witness box, Crown attorney Kelli Frew suggested the couple invented allegations the boys were abused when they were living in Ottawa so that they’d have a cover if the brothers complained about them.

Hamber also denied deliberately keeping the boys from forming attachments with service providers and from cutting off services if providers started demanding private sessions.

"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 put to Hamber.

Hamber replied that was true at times, but it was because she wanted to be involved in the kids’ care and to be able to mirror what service providers were doing at home.

Frew grilled Hamber on the events of Nov. 20, 2022, when the women texted about whether L.L. was hypothermic and might die, but never called for help.

Hamber insisted she would have if his condition had worsened. 

L.L. died a month later. Frew argued that evening was similar to what happened the night of Nov. 20.

The 911 call Hamber made on Dec. 21 was played in court after she testified Cooney found him unresponsive and then started CPR.

According to Frew, Hamber and Cooney attempted to warm L.L. up, as they had a month earlier, by putting him in their backyard hot tub. 

Hamber panicked when he didn’t recover, Frew said, realizing "you have to show the outside world what you’ve done to this child.” 

That too was denied by Hamber. 

Closing submissions are set for March 23 and 27.

Justice Clayton Conlan says the next step is to pick a date for the Crown and defence to make closing submissions.

The judge and lawyers discuss their schedules with a trial co-ordinator, and agree to book March 23 and March 27. 

The trial in Milton Superior Court will resume starting at 10 a.m. ET.

“Thank you counsel very much for all your hard work,” Conlan says. 

Hamber leaves the witness box. 

MacGregor confirms he is not calling any more witnesses.

Frew confirms the Crown is not bringing up any more evidence either. 

Returning to when Hamber first learned about rumination, MacGregor brings up an email Hamber sent to a CAS worker in August 2022.

After reading the email, Hamber says she “more than likely” learned about it from a Google search around that time.

MacGregor returns to the question of the hot tub. He asks if the couple used any chemicals in it.

Hamber says the couple used bromine and chemicals to balance the pH of the water. 

“You would have a distinct smell,” she says. 

Hamber says L.L. did not have that smell on him. 

Court returns from break with Hamber’s lawyer, Monte MacGregor, re-examining her. Before the break, he said he had about 10 questions.

Frew continues, saying Hamber knew that restricting calories and keeping L.L. in the cold could lead to his death.

Hamber panicked, Frew surmises, knowing that "you have to show the outside world what you’ve done to this child.” 

She contends Hamber ran outside to cover up the hot tub.

Again, Hamber disagrees.

L.L.’s death was “tragic” and “prolonged,” Frew says, and “unnecessary.”

She says that while Hamber has cast a lot of blame, the only people responsible for L.L.’s death were the ones who were “starving him and keeping him in that basement.”

Hamber disagrees.

Frew completes cross-examination of Hamber.

Frew says she thinks what happened on Dec. 21, 2022, was “very much akin” to what happened on Nov. 20, 2022, when L.L. wasn’t taken to hospital.

“I very much disagree,” Hamber interjects.

L.L. was in a wetsuit and in a cold basement, Frew says. She notes that according to Hamber’s police statement, L.L. was locked in his room.

Frew contends that once the women found L.L. unresponsive, they turned up the heat and put L.L. in their hot tub to warm him up, using a toboggan that now sits in the courtroom as evidence. 

Hamber says that’s not true. She denies ever owning the toboggan, which police say was in the room the night L.L. died.

Unfortunately, Frew says, the hot water didn’t work and they brought him back inside. 

“That’s why we see so much liquid on the floor of that bedroom.”

Hamber says she’s unaware why there was so much liquid in the room. 

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.