Woman on trial for manslaughter of mother in suspected elder abuse case testifies

Eva Samonas, 73, took the stand in her own defence Tuesday sobbing at times.

The former University Health Network (UHN) clerical worker, on trial for manslaughter for failing to provide the necessities of life and criminal negligence causing the death of her 96-year-old mother, has pleaded not guilty.

Samonas testified she moved into her mother’s Broadview and O’Connor Avenue home in early 2020 having just taken an early retirement package from UHN. She said she was concerned about her mother being alone given her declining health and was her full-time primary caregiver, testifying her brother was not interested in being responsible for their mother.

On Jan. 6, 2024, police were called to Michael Garron Hospital after paramedics reported a suspected elder abuse situation.

Paramedic Tim Driver has already testified that he and his partner responded to a medical call at 1210 Broadview Ave. around noon that day.

When they arrived, Driver said they found an “incredibly sick” elderly woman who was naked, sitting on the floor in the living room and propped up against a couch. The paramedic said there was visible hoarding, which made it difficult to access the home.

He also testified the patient was sitting on feces and was soaked with urine. The paramedic also said there was a large ulcer sore on her back.

Driver said Samonas, who was the patient’s daughter, told him she called 911 because her mother was not responding normally. She also reported that her mother had fallen three days earlier.

Samonas was arrested in hospital that day and charged with criminal negligence causing bodily harm. Her mother, 96-year-old Vasiliki Atanasovski, died in hospital the following day and the charges were upgraded to manslaughter.

A forensic pathologist has testified her cause of death was complications from prolonged immobility.

In 2017, Samonas said her mother fell and broke a hip. She believed her mother began suffering from dementia around that time, but said her mother’s doctor told her dementia was a natural thing for someone her age and said he didn’t believe in medication for dementia.

Samonas testified that on Jan. 4, 2024, she accompanied her mother to the washroom and left her there. She said when her mother came out, she fell on the floor in the living room near the couch.

Samonas told the court she noticed her mother didn’t have her pajamas on so she put her mom on the couch and went to the washroom where she found the pajamas, which were soiled. When Samonas returned, she said her mother was back on the floor.

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She testified that for three days she couldn’t get her mother off the floor, despite repeated attempts. She also said she called her brother repeatedly and begged him to come over and help her get their mother off his floor.

She testified her brother said he couldn’t help, because he had a sore back.

The 73-year-old testified she didn’t call 911 sooner because she thought her mother would get up on her own after giving her something to eat. She said she fed her toast, milk and macaroni and cheese but noticed the following day, she wasn’t eating, only drinking.

Samonas said the day after the fall, she tried to put “Depends” on her mother, who was still sitting on the floor but couldn’t get them on. Samonas said she noticed her mother had urinated on the floor. She testified she tried to clean the floor and her mother using baby wipes.

The following day, Samonas said she decided to call 911 on Saturday after noticing her mother was cold, her knee was swollen and she was mumbling.

“I noticed something was wrong; she wasn’t speaking normally,” said Samonas, who denied seeing an ulcer sore on her mother’s back. “If I had noticed, I would have done more.”

When defence lawyer Aaron Wine asked Samonas how she found out her mother had died, she began to cry, saying she was still in custody.

“I kept asking them, ‘How is she doing? How is my mom? Can I go see her?’ And they didn’t tell me,” Samonas said.

She added she only later learned after a police officer came to her door, saying that despite calling Michael Garron Hospital 10 to 15 times,  no one would give her any information.

Samonas, who is self-represented, was questioned by Wine who is acting as her amicus, or friend of the court. When Wine asked her about her upbringing, she described living in a cluttered home with her mother and brother.

Samonas said growing up, their home was quite messy and she was embarrassed to have friends come in. At the home on Broadview Avenue, where she testified she lived with her mother, she said she tried to clean things up.

“She always had a stick by her side and she would hit me with it,” Samonas testified, calling it difficult to live there.

Wine asked Samonas if she ever considered getting help with her mother.

“She wouldn’t allow them in,” Samonas said, describing her mother as being paranoid and upset if someone came to the door.

During cross-examination, Crown attorney Christine Jenkins asked about a number of incidents in which Samonas’ mother had walked away.

In October 2017, she said police were called after her mother knocked on someone’s door and then in April 2018, Atanasovski was taken to emergency room at Michael Garron Hospital on her own after she got lost.

Jenkins asked if she remembered speaking to a doctor about her resources for her mother’s dementia or Alzheimer’s.

“Yes I remember she wasn’t that bad,” Samonas replied.

Jenkins asked why mother hadn’t been seen by a medical professional since May 2022 when she was admitted to hospital after getting lost in the backyard for about six hours.

“Your mother getting lost in the backyard for six hours, you don’t consider that a serious decline in mental health?” asked Jenkins.

Samonas agreed it is bad. Jenkins pressed her on why there was no plan in place to address the Alzheimer’s or dementia.

Samonas said she was in charge of her needs including cleaning, cooking and her mother’s hygiene.

“Hygiene was hard. I couldn’t get her to bathe,” she said, saying she took her to the home where she used to live with her brother a few times for a bath.

Jenkins said in 2022, in hospital, she reported her mother had been reluctant to shower for at least a year.

“I did my best to clean her,” she explained, saying she would use a sponge.

“We’ve seen photographs of the bathtub. It was full of stuff,” said Jenkins, who suggested after seeing photographs of the clutter and filth in the kitchen, it wasn’t a safe place for a 96-year-old woman to live. Samonas replied that often she got hot food from Sobeys.

When Jenkins asked where they slept, Samonas said she and her mother both slept on the couch in the living room, her mother’s feet on a chair.

Jenkins then pointed out that three people, including her brother, had urged Samonas to call an ambulance after hearing she couldn’t get her mother up off the floor on Jan. 4 and Jan. 5.

“At that point, I didn’t think it was really serious because she was laughing and singing, but I didn’t want her on the floor all night,” said Samonas, who repeated that her mother was petrified of going to hospital.

“I was thinking to call but she wasn’t in distress. That’s the reason I didn’t,” Samonas explained, who testified she thought her mother would eventually get up on her own as she had done before.

“Is it your evidence she intentionally sat on the floor?” Jenkins asked.

“She wanted to sit on the floor and after a few hours, I said it’s time for her to get up and she refused,” Samonas said.

Jenkins asked Samonas why she told police in an interview after her arrest why she said it was a big mistake on her part that she didn’t call 911 sooner. Samonas said she didn’t know why she said that because until Saturday, she testified her mother seemed “fine.”

“You called when it was too late, Ms. Samonas,” Jenkins suggested.

Closing arguments are scheduled for later this week.