Mother Found Not Guilty in Toddler’s Death

Chelsea Whitby, holding a small stuffed bear, broke down in tears on Tuesday morning when a judge cleared her of any wrongdoing in her toddler’s death.

Whitby, 27, was originally charged with second-degree murder following the death of her 18-month-old son Emerson on June 10, 2020. However, Crown prosecutors later changed the charge to manslaughter after Court of King’s Bench Justice C. L. Dawson determined that some evidence presented by the Crown during a voir dire – a trial within a trial – wasn’t admissible.

The courtroom was packed on Tuesday morning as Dawson announced that Whitby was not guilty of either charge.

“Emerson’s death is an incredibly tragic event,” Dawson said during the hearing, noting that family members, along with investigators and medical personnel involved in the case, were all impacted.

“While I can’t say that I’m not suspicious that Ms. Whitby may have done something inappropriate to Emerson on June 10, I must follow the law.”

The court had previously heard that Emerson died due to blunt-force trauma.

When he reached the hospital on the day he died, he had approximately 20 bruises on his body and had suffered broken bones. There were no underlying health issues contributing to his injuries, and it seemed likely there were multiple incidents leading to them, according to court testimony.

Crown prosecutors Adam Breker and Aly Sparks argued that Whitby was responsible for the injuries resulting in her son’s death; however, Whitby insisted she didn’t know how her son got hurt fatally.

On Tuesday, Dawson stated that the Crown needed to show an unlawful act caused Emerson’s death and prove that Whitby intended either to kill him or harm him in a way she knew could be fatal.

During a voir dire lasting over two weeks last June, the Crown attempted to present evidence showing the relationship between Whitby and her son to establish motive. But Dawson ruled this evidence as inadmissible due to its unreliability.

In closing arguments, the Crown suggested an unlawful act had taken place and sought a manslaughter conviction.

Adam Breker, one of the Crown prosecutors involved in this case against Whitby told reporters he anticipates they will recommend appealing Tuesday’s ruling. (Will Draper/CBC)

“This is an unusual or uncharacteristic way for the Crown to acknowledge it failed to prove a crucial element of second-degree murder,” Dawson commented on Tuesday.

After reviewing what evidence could be admitted, she concluded that the Crown did not meet its burden of proof beyond a reasonable doubt regarding whether Whitby intended to commit murder.

For manslaughter charges, Dawson indicated that it needed clear proof beyond a reasonable doubt showing Whitby committed an unlawful act leading directly to Emerson’s death but found they didn’t meet this requirement either.

“We’re disappointed today – mostly feeling for Emerson’s family and friends because regardless of today’s outcome, Emerson won’t return,” Adam Breker shared with reporters following court proceedings. “That tragedy remains regardless.”

The Crown based its case on direct and circumstantial evidence while requiring Dawson to infer beyond reasonable doubt that Whitby acted against her son sometime between June 9-10th causing his demise.

Court of King’s Bench Justice C. L. Dawson found Chelsea Whitby, 27 not guilty of both second-degree murder and manslaughter regarding her 18-month-old son’s death. (Will Draper/CBC)

Citing earlier Supreme Court rulings from Canada as guidance; Dawson explained how meeting proof beyond reasonable doubt isn’t about absolute certainty but more like “absolute certainty.”

“Proof of probable or likely guilt isn’t equivalent proof beyond reasonable doubt,”Dawson remarked.

“I don’t entirely believe Ms. Whitby’s innocence,”the judge added saying there’s just enough reasonable doubt surrounding whether she committed any unlawful acts killing her son.

The available evidence comprises lengthy police interrogations spanning seven-and-a-half hours alongside wiretapped conversations involving loved ones where no incriminating statements made linking Chelsea directly towards crimes were noted.”

Mother Found Not Guilty in Toddler’s Death< Chelsea Whitby's initial accusation centered around second-degree murder linked back towards events occurring throughout June tenth involving eighteen-month-old son named Emerson.

Darren Kraushaar , defense attorney representing Chelsea , stated how it represented intricate cases featuring several evidentiary matters needing examination.

 

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