Week 1 of Regina murder trial wraps up with the accused's mother testifying

Emerson Whitby bruised so easily from "just being a boy" that his grandmother suggested a journal be kept to record each mark on the toddler's body, the Regina Court of King's Bench heard Friday during the trial, in which the boy's mother, Chelsea Whitby, is accused of second-degree murder.

The 18-month-old was found unresponsive at his home in the 3200 block of Arens Road East on June 10, 2020. He was pronounced dead at the hospital later that afternoon.

An autopsy eventually showed the child died of a brain bleed caused by blunt-force trauma to the head.

Whitby, 27, has pleaded not guilty.

On Monday — the first day of the three-week, judge-alone trial — Crown prosecutors said their case will show that Whitby intentionally caused the child's death in an act of frustration and aggression.

All of the first responders who saw the boy at the scene have testified he had multiple purple- and blue-coloured bruises on his forehead, jaw and shoulder, along with round bruising on both of his eyes. Their testimony was corroborated by photos taken during the child's autopsy. 

On Friday, the accused's mother, Lisa Virtue, was among the Crown witnesses who testified. The judge noted Virtue's testimony is subject to a voir dire (a trial within a trial), which means she will still have to decide whether it's admissible.

Virtue told the court more than once that the boy would often get banged up because he was known for "going one direction with his feet going the other." He'd also take tumbles, run into things and roughhouse with other children, she said. 

Each time the toddler got hurt, Virtue said Whitby notified her and the marks were written down in what the mother called an "accident journal."

Earlier in the trial, two Regina police officers testified to seeing that book on a table in Whitby's home.

The grandmother also testified that the boy was in her care for about a week in late May 2020, after the child's father made a report to the Ministry of Social Services following a severe fall out of his crib that left him with two black eyes.

The toddler was returned to Whitby's care about a week later.

On June 9, 2020 — the day before the boy died — Virtue told the court she remembers going over to Whitby's apartment in the evening after getting a call about him vomiting. They had plans to take him to the doctor the next day, she said.

Instead, Virtue testified that the toddler was taken to hospital after Whitby called her, saying he "wouldn't wake up."

Photo evidence from the Crown showed the boy in hospital with new bruises on his face. The grandmother testified she assumed the marks were from the life-saving measures taken.

During cross examination, Virtue described Whitby as an anxious, protective mom, who would often get worked up to tears and seek out her advice — which was always followed. 

However, by the spring of 2020, Virtue testified that Whitby grew more relaxed in her parenting role as she was off work due to the COVID-19 pandemic, allowing her to stay home more with her son.

'An aggressive act toward Emerson'

Patrick Earnshaw, who dated Whitby between October 2018 and August 2019, was also called as a Crown witness on Friday.

He testified that he was there for the child's birth and often stayed at Whitby's home while they were dating.

Earnshaw told the court about one night when the baby wouldn't stop crying while Whitby was having trouble breastfeeding.

He said the mother was crying as well, looking visibly frustrated.

That's when Earnshaw testified that — despite the room being dimly lit — he is sure he saw Whitby make a backhanded swat gesture at the child, who was on their bed with them.

"I understood that she'd been through a lot, but I saw it as an aggressive act toward Emerson," he told the court, noting the child was not injured.

Under cross examination, Earnshaw acknowledged that Whitby enjoyed being a mother. However, he pointed out that it was "stressful at times" for her, since she would often worry a lot and take the boy to the doctor every time she had a concern.

He also testified that this was the only incident that bothered him about Whitby's parenting.

The trial is set to resume April 3.