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