What to know about the judge’s guilty decisions
Ontario Justice Clayton Conlan spoke for only a few minutes to give his clear decisions: Becky Hamber and Brandy Cooney are guilty of murder and other charges involving two brothers in their care.
Dozens were in Superior Court in Milton on Tuesday to hear the findings in the case, which my colleagues have been covering since last fall.
The couple, who had been trying to adopt the boys, faced charges of first-degree murder of L.L., the older boy, and confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L.
In his nearly 300-page decision, Conlan said, “Overall, I found each of the accused’s evidence at trial to be replete with contradictions, inconsistencies and things lacking in basic common sense.”
Conlan also pointed to the communication between the couple and what it said about their intentions.
The trial saw texts between Hamber and Cooney about L.L. being unresponsive, appearing drunk, and Cooney saying she feared he might die and she might go to jail.
“I cannot be persuaded that an innocent mother would ever text that to her spouse in those circumstances,” Conlan wrote.
Other electronic evidence showed the couple “were tired of dealing” with L.L., the judge said, and the fact they continued to isolate, confine and deprive L.L. of food “demonstrated an intention to kill the boy.”
They “paint a picture of loathe and hate by both accused towards the boys, especially towards L.”
The older boy died on Dec. 21, 2022, after he was found soaking wet, emaciated and unresponsive in the basement of the couple’s Burlington home.
Conlan said it was “disgraceful” nothing was done to get L.L. urgent care amid his health struggles.
He picked apart nearly 90 points in Hamber’s and Cooney’s testimony that he didn’t believe.
The judge also wrote L.L. “should be remembered for more than this.”
Outside the courthouse, CBC News spoke with Crown attorney Monica Mackenzie, who said this was an “exceptionally tragic case with a profound impact on many people.”
She hopes the decisions will bring “some measure of accountability.”
“Our thoughts right now turn to J.L., and his family and loved ones, and all those people who knew and loved L.L.,” Mackenzie told reporters.
Hamber’s lawyer, Monte MacGregor, said he was “a little bit surprised” about the finding of guilty of first-degree murder, adding he thought his team had been able to get it “off the table.”
Hamber was “obviously disappointed,” he said.
Heather Walsh, the two boys’ former longtime foster mom, was among the many witnesses who testified at the trial.
On Tuesday, she said “L.L. was such a freedom fighter and justice was so important to him that this would be everything for him and for J.L. as well.”
MacGregor said that once he reviews Conlan’s decisions, he’ll look for any available routes of appeal.
A specific date for sentencing hasn’t been set.
