Murder trial begins for Regina mother accused in death of 18-month old son

Warning: This story contains a reference to suicide.

The trial of Chelsea Rae Whitby began with tears from the Regina woman accused of killing her 18-month-old son. 

Whitby sobbed as Crown attorneys Adam Breker and Aly Sparks laid out the Crown's case against her Monday at Regina's Court of King's Bench. 

Darren Kraushaar is representing Whitby, who is facing one count of second-degree murder for her role in the death of her son Emerson Whitby on June 10, 2020. 

In his opening statement, Breker outlined allegations of Whitby abusing and injuring Emerson in the weeks leading up to his death. 

Breker said Whitby was resistant to her son being examined by doctors, despite previously being open to taking him to the doctor for routine health checks.

Emerson's father — who was no longer with Whitby — raised concerns to the Ministry of Social Services about the injuries in late May 2020.

That prompted an investigation and eventually a safety plan that restricted Whitby's access to her son without supervision from her own mother.

On June 9, Emerson spent much of the day with his father before being returned to Whitby's care. Within 12 hours the child was dead. 

"You will hear every minute of every hour in Emerson's final day," Breker said. 

Breker said the Crown's case will show that Whitby intentionally caused Emerson's death in an act of frustration and aggression while at her apartment in the 3200 block of Arens Rd. E.

First responders who responded to the scene on the morning of June 10 found Emerson covered in various marks and bruises, Breker said. The child had no heartbeat, and while first responders were eventually able to get the toddler's heart beating again, he was eventually ruled brain dead, Breker said.

An autopsy later showed that Emerson's death was the result of a subdural hemorrhage caused by blunt-force trauma to the head, Breker said. 

Despite being told by police that her son's death was the result of an outside actor, Whitby had little interest in finding out who did it, the Crown said. Instead, she was more focused on the growing attention of police and making sure her then-boyfriend Taylor Stewart stuck to their story that Emerson may have suffered injuries during a rough night of sleep.

Stewart would die by suicide on July 20, just before he was scheduled to take part in a voluntary lie detector test with Regina police.

The Crown has said they will rely on Stewart's suicide notes as evidence in the trial.

Whitby would be arrested a few weeks later in Aug. 4, in Winnipeg.

While originally charged with manslaughter the charge would later be upgraded to second-degree murder.

The trial is being held in front of judge alone, with Justice C.L. Dawson overseeing the case.

First responders testify

On Monday, the Crown called multiple first responders to testify about their recollections of June 10, 2020. 

Firefighters and EMS paramedics testified that when they arrived to the apartment on Arens Road, they found a child who was unresponsive. 

They administered epinephrine and were able to restart Emerson's heart, but were unable to get the child to begin breathing on his own. 

EMS transported Emerson to Regina General Hospital while Sarah Ericson, an EMS supervisor, transported Whitby and her mother to the hospital. 

Ericson testified that during the drive to the hospital, the family members discussed whether this was a case of Sudden Infant Death Syndrome (SIDS) and whether Emerson had been left to sleep on his back or on his stomach. 

All the first responders who saw Emerson at the scene testified that the 18-month-old had multiple bruises on his body and head. They recounted purple and blue bruises on Emerson's forehead, jaw and shoulder, along with round bruising on both of his eyes. Their testimony was corroborated by photos taken during Emerson's autopsy. 

Two Regina police officers, Const. Jessica McBride and Const. Lance Wilson, also testified on Monday. 

They provided details on their initial response to the incident as well as the discovery of a book titled "Emerson's accident report" on a table. The report detailed a list on injuries that Emerson had sustained over time, including in the days leading up to June 10. 

The trial is scheduled for three weeks.

If you or someone you know is struggling with suicide, here's where to get help:

• Talk Suicide Canada: 1-833-456-4566 (phone) | 45645 (text between 4 p.m. and midnight ET).
• Kids Help Phone: 1-800-668-6868 (phone), live chat counselling on the website.
• Canadian Association for Suicide Prevention: Find a 24-hour crisis centre.
• This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you're worried about.