Judge rules past events inadmissible as evidence in trial for Regina mother accused of killing son
A judge has ruled that events leading up to the death of Chelsea Whitby’s 18-month-old son will not be admissible as evidence.
Whitby is charged with second-degree murder in the death of her son, who died from blunt force head trauma on June 10, 2020.
The Crown had put forward a case attempting to show a pattern of abuse between Whitby and her son, and that Chelsea was “wildly inattentive to” Emerson’s care, according to the Crown brief.
In April, the majority of Crown witnesses’ testimonies focused on prior injuries that Emerson sustained while in his mother’s care from mid-April to late May of 2020.
Those testimonies were submitted as evidence on a voir dire, which meant a separate hearing must be held to determine if the evidence is admissible and can be entered as evidence for the trial.
The defense had argued the Crown’s case was “complicated” and the evidence that references past injuries should not be admissible.
This week, a judge ruled that prior injuries leading to the infant’s death, as well as some character evidence, including testimony from Whitby’s boyfriend, would not be admissible evidence.
“The evidence is not reliable,” read the court decision. “The evidence because of its weakness and unreliability does not provide real insight into the relationship of Chelsea and Emerson and does not genuinely help establish a motive.”
The trial is expected to continue on June 20.
- With files from Allison Bamford
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.