Investigation Uncovers Uncertainty in Death of 12-Year-Old

WARNING: This story details allegations of child abuse.

A forensic pathologist has testified that the autopsy he conducted on a 12-year-old boy, who was under the care of two women from Burlington, Ont., did not reveal a clear cause of death.

However, Dr. Michael Pickup noted that he couldn’t eliminate potential causes, such as hypothermia or cardiac arrest due to severe malnourishment.

Pickup, Ontario’s deputy chief forensic pathologist, provided his testimony over two days at the trial for Brandy Cooney and Becky Hamber, who have pleaded not guilty to first-degree murder and additional charges related to the boy’s death.

The two women were in the process of adopting the boy, referred to as L. L. in court, when he tragically died in 2022. The names of L. L. and his younger brother, J. L., are protected by a publication ban.

Cooney and Hamber also face charges including confinement, assault with a weapon – specifically zip ties – and failing to provide necessary care for J. L.

The judge-only trial began last month and is presided over by Justice Clayton Conlan in Milton. The proceedings are expected to carry on into November.

Step-by-Step Review of Inquest Report

Crown attorney Monica Mac Kenzie requested Pickup to review his findings from L. L.’s autopsy methodically.

Pickup indicated that there were no signs of “significant injury” or abnormalities found on L. L.’s body.

The autopsy revealed that L. L. had ingested 11 pills identified as Venlafaxine, a medication prescribed for him. According to Health Canada, this drug is used for treating depression, anxiety or nervousness, social anxiety disorder and panic disorders.

Hamber, left, and Cooney, centre, sit in separate boxes during proceedings earlier in the trial. Court sketch also shows Cooney’s lawyer, Kim Edward, third from right. Hamber’s lawyers are Monte Mac Gregor, second from right, and Nabeel Sheiban. (Pam Davies/CBC)

Pickup mentioned that test results indicated the concentration level of this medication was above what would be considered normal for therapeutic use but not at a fatal level.

He stated that given L. L.’s frail condition due to being underweight for his age; malnutrition was “high on my list” as a possible factor contributing to his death.

The court previously heard from an expert regarding child nutrition who confirmed that before his death L. L. weighed only 48 pounds – less than what he weighed at six years old – highlighting severe malnutrition at the time of passing.

“There’s nothing that can prove that he died from malnutrition,” Pickup remarked Wednesday about his autopsy findings but acknowledged he couldn’t accurately measure electrolytes in L. L.’s blood once his heart stopped beating.

Pickup explained how malnutrition can lead to imbalances in electrolytes which could disrupt heart rhythms potentially leading it to stop functioning. He emphasized that it wasn’t possible to definitively conclude whether this played any role in causing death or not based on available evidence.

Additionally, proving acute starvation as a cause would necessitate finding high ketone concentrations-acids produced when fat breaks down for energy instead of deriving energy through food consumption.

L. L., left , was 16 months older than J. L., court has been told. They ‘re shown in a photo from years earlier. (Ontario Superior Court in Milton)

Pickup said ketones were not present within L. L.’s body; however , their absence does not exclude starvation as an option. He remarked how thin L. L.’s frame was indicating little fat available for digestion

Hypothermia Mentioned As A Potential Cause Of Death

Mac Kenzie further questioned Pickup about other potential causes like drowning , smothering , and hypothermia.

Pickup indicated those signs would be subtle requiring more context surrounding one’s death circumstances before reaching conclusions.

Mac Kenzie then presented what she referred to as “a hypothetical” scenario aligned with Crown’s narrative regarding this case.

She asked: If a “chronically malnourished” 12-year-old without proper bedding started shivering but then warmed up using water yet was later discovered unresponsive by EMS while wearing soaked-through wetsuit lying next puddle , could hypothermia have played any part leading toward demise ?

“It’s possible , yes,” replied Pickup.

As per agreed facts statement , on December 21st ,2022 evening first responders found L. L. in basement bedroom wet lying atop unknown liquid puddle beside cut-off wetsuit close mesh cot – sole furniture piece present inside room.L.
(left), was 16 months older than J.(J).(court) has been told.(Ontario Superior Court in Milton)

Defense attorneys probed deeper regarding hypothermia along with conditions surrounding where they discovered him.

Cooney ‘ s lawyer, KIM EDWARD asked PICKUP about RELEVANT clues suggesting HYPOTHERMIA presence.

PICKUP stated there weren’t any observed aside FROM LOW BODY temperature recorded AT HOSPITAL; HOWEVER HE DID NOT place much significance ON IT since timing OF measurement taken RELATIVE TO HEART STOPPING REMAINS UNCLEAR.’

‘Hamber ‘ s LAWYER MONTE MACGREGOR INQUIRED why PICKUP presumed LL was wet. COURSE PATHOLOGIST ANSWERED HE DIDN’T KNOW BUT CONSIDERED possibility THAT LL HAD BEEN SUBMERGED INTO WATER.’

‘MACGREGOR STATED POOL LIQUID MEASURED UPTO ONE AND A HALF litres; ASKING IF POSSIBLE FOR PATIENT TO URINATE OR DEFECATE AT TIME DEATH? PICKUP CONFIRMED THIS IS “NOT COMMONLY OBSERVED”.’

If you’re affected by this report, you can look for mental health support through resources available IN YOUR PROVINCE OR TERRITORY.’

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