Defence in Ontario couple’s murder trial suggests boy they were trying to adopt made up testimony for money

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.