The sound of pages turning fill the silence in court room six as those in attendance await the arrival of the judge.
On the left, Chelsea Whitby clutches a teddy bear as the third day of her trial begins.
Whitby is currently on trial for the second-degree murder of her son Emerson.
Emerson died from blunt force trauma to the head on June 10, 2020.
Whitby, 27, and Emerson’s father were not in a relationship at the time of his death. However, they did have an informal custody agreement. Emerson spent one day a week and every other weekend with his dad and grandparents.
The third day of the trial was spent discussing the injuries Emerson faced before the time of his death.
According to Lisa Davey, a police officer with the Regina Police Service, on May 27, 2020, the case began.
It was the day the father of Emerson, Riley Jolly, came to the police expressing concerns over a number of unexplained injuries Emerson had faced.
Several photos were included, each taken in April and May of 2020.
Photos showed a bald spot on Emerson’s head, bruising on his cheek, bruising on his right eye and more.
On May 26, a photo was taken with a bruised eye, and a bruised cheek on the opposite side. The photo was taken a day before Jolly came forward with concerns about the child.
Police then began their investigation and requested to meet with Whitby, surrounding child abuse concerns. Davey said Whitby was surprised by the call.
Later that day when Davey and her partner arrived at Whitby’s residency to meet with her, she noticed Emerson’s face.
“The bruising on Emerson’s face was very apparent,” Davey told the courtroom.
However, while waiting in the living room to speak with Whitby, Whitby was nowhere to be seen.
“Chelsea was in the parking lot, standing and crying to her boyfriend,” Davey said.
Whitby then returned inside when asked by the police to come back inside. After the meeting, Emerson was taken to hospital for medical examination and the investigation continued.
In the meantime, Chelsea was allowed access to Emerson, but daily check-ins from family were required.
Much of the discussion on the third day of the trial also focused on the final day before Emerson’s death when the family was having lunch together.
According to Emerson’s grandmother, Darla Jolly, Emerson was his normal self the morning of June 9, 2020.
“Emerson was all gas, no brakes,” she explained to the courtroom. Later that day however, she said Emerson was nowhere near his normal energy level.
She went on to say Riley Jolly told her Emerson was about to cry before his afternoon nap. Later that evening, Emerson wasn’t excited for his bath, which he normally jumped at the chance to do.
“He wanted nothing to do with going upstairs,” she told police.
The following the day, Emerson died.
The events that followed the lunch and bath have not yet been explored in the courtroom, but the trial resumes Thursday with the Crown continuing its case against Whitby.
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