WARNING: This story references allegations of child abuse.

A judge’s decision in the murder trial for a couple accused in the 2022 death of a 12-year-old and alleged torture of his younger brother will be handed down May 5 as part of Ontario court proceedings that began in mid-September.

Becky Hamber, 46, and Brandy Cooney, 44, of Burlington are charged in the 2022 death of the older boy. The Crown has also accused them of the torturing and confining his younger brother. Both women have pleaded not guilty to first-degree murder and other charges relating to the boys who’d been in their care.

Their trial in Milton began in mid-September before Superior Court Justice Clayton Conlan in Milton, who noted how “lengthy and difficult” the proceedings have been. Closing arguments wrapped in March.

On Friday, Cooney joined court virtually from the Vanier Centre for Women jail to hear when the verdict would be delivered. Hamber was not present. The court heard Conlan plans to read his verdict at 9 a.m. ET and release a written decision. He was not present Friday.

The boy who died,  L.L., was from the Ottawa area but had lived with Hamber, Cooney and his brother, J.L., since 2017. CBC is referring to the Indigenous boys using initials due to a standard publication ban on their identities.

Controversial text messages part of evidence

Over seven months, the trial heard from dozens of witnesses, including social service workers, health professionals, educators and police. Hamber, Cooney and J.L., now 14, also testified over multiple days. Evidence included thousands of deleted text messages that police accessed, hours of audio recordings and hundreds of images, including from security cameras the women used to surveil the boys.

The Crown argues Hamber and Cooney hated the boys, pointing to text messages in which they used vulgar and dehumanizing language to describe them. In her closing argument, lawyer Kelli Frew said the pair “abused, tortured and starved these boys.” She said they isolated the pair from their community and medical professionals as L.L. became increasingly unhealthy — ultimately dying from malnutrition and hypothermia.

In October, Ontario’s deputy chief forensic pathologist testified, saying the autopsy he performed on L.L. was unable to determine a cause of death, but he could not rule out possible causes including hypothermia or cardiac arrest linked to severe malnourishment. 

Since L.L. died while Cooney and Hamber were unlawfully confining him in their home’s basement, the Crown argued, what would otherwise be a second-degree murder should be considered first degree.

The defence argues the women never intended to harm the boys and in fact did all they could to help the children, with insufficient help and guidance from the Children’s Aid Society and medical professionals. Hamber’s lawyer, Monte MacGregor, described the brothers as “broken,” in his closing argument, saying they had violent outbursts and harmed themselves. 

He said Cooney’s and Hamber’s parenting tactics, such as tying the brothers into wetsuits, were “questionable,” but children’s aid workers were aware. 

MacGregor and Kim Edward, Cooney’s lawyer, suggested L.L. likely had an electrolyte imbalance caused by a rare eating disorder.

In her closing argument, Edward acknowledged her client “probably” should have taken L.L. to hospital but didn’t. However, she said if they wanted him gone, the couple could have ignored how quiet he was the night he died rather than calling for help.

“In the face of all this, murder is not met,” she argued.

If you’re affected by this report, you can look for mental health support through resources in your province or territory . If you’re in immediate danger or fear for your safety or that of others around you, please call 911.