Regina mother found not guilty in son’s death

Chelsea Whitby has been found not guilty in the death of her son Emerson, after a lengthy court case in Regina.

Whitby was originally charged with second-degree murder in the death of her son, who died from blunt force head trauma on June 10, 2020. Tuesday a judge at Court of King’s Bench found her not guilty of the lesser charge of manslaughter.

Whitby allegedly discovered Emerson “lifeless” in his crib that June morning, and called 911, but the child died after being rushed to hospital.

The case has primarily focused on injuries Emerson sustained while in his mother’s care from mid-April to late May of 2020.

Justice Catherine Dawson started by stating how emotional Emerson’s death had been for everyone involved in the case.

“Emerson’s death is a heartbreaking and terrible tragedy to everyone including family members, investigators and even medical staff,” Dawson said.

The judge stated that the prosecution failed to prove her guilt beyond a reasonable doubt.

She explained that Whitby was questioned by two experienced officers for 7 hours, and throughout the interview she maintained her innocence. She stated that Whitby was not skilled enough to outsmart the officers who grilled her repeatedly and in different creative ways.

The judge also noted officers had intercepted several conversations between Whitby and her boyfriend and mother. The officers had wire tapped her house without the Whitby’s knowledge.

The judge said at no point did Whitby admit to hurting her son.

After the judgement Whitby started crying profusely, as family members surrounded her and comforted her.

Prosecutor Adam Breker told reporters after court that the crown is disappointed in the verdict.

“Obviously, it’s been a long process getting this trial complete. Its been highly emotional for everybody involved. We felt we presented a strong case and argued for conviction for manslaughter. The judge did not agree with us. So, we’re disappointed today, mostly disappointed for the family, friends of Emerson. Of course, no matter what happened here today, Emerson is never coming back,” Breker said.

Defence lawyer Darren Kraushaar spoke on behalf of Whitby.

“I think just relief is probably the best word for it. This is a complicated case. It was a sad case. It was a difficult case. I wouldn’t say she’s happy, but I think she’s relieved and I think she’s a little bit, you know, just not sure what to do. Kind of the next step in her life. This has been the major focus of her life for the last three years. now it’s time to move forward,” Kraushaar said.

The crown has 30 days to appeal.

With files from Global News’ Victoria Idowu.