REGINA – Chelsea Rae Whitby, 27, was found not guilty of second-degree murder today in relation to the death of her 18-month old son, Emerson William Bryan Whitby.
Clutching the same teddy bear she’s held throughout each appearance in Regina King’s Bench Court, Whitby was overcome with emotion as Justice Catherine Dawson read her decision this morning.
“Emerson’s death is a heartbreaking and terrible tragedy,” said Justice Dawson, adding that it is clear to her that everyone who knew Emerson is heartbroken; that the trial was difficult for all involved.
On June 10, 2020, Emerson was discovered unresponsive in his crib by his mother. Through testimony from various witnesses at trial, EMS were called to revive the toddler, who ultimately succumbed to his injuries a few hours later in a Regina hospital. His cause of death was determined as blunt force trauma to the head.
Whitby and her then boyfriend Taylor Stewart were suspects in relation to the death, but after Stewart's death from suicide, the focus narrowed to Whitby alone.
The courtroom gallery was overflowing this morning as Deputy Sheriffs brought in more seating to accommodate those in attendance moments before the Court Clerk called for everyone to rise. There was also a notable increased presence of those in uniform to ensure peaceful proceedings, and a disclaimer from Justice Dawson that any emotional outbursts would result in her pausing proceedings and asking the parties responsible to leave.
She noted that in lawyer arguments of the trial, the Crown made no submissions regarding second-degree murder, rather focusing on a charge of manslaughter - calling that action an “uncharacteristic way” for the Crown to acknowledge failure to prove the initial charge. Justice Dawson confirmed finding Whitby not guilty of second-degree murder during the initial minutes of her decision, as the Crown failed to prove intent for murder or provide evidence beyond a reasonable doubt that Whitby killed Emerson; or meant to cause bodily harm to the boy.
As for the lesser manslaughter charge, Justice Dawson noted the Crown must prove that Whitby committed an unlawful act causing death. She read some of the key points of her decision, acknowledging the “enormous amount of evidence” presented at trial - making up some 20 pages of her written decision.
Justice Dawson referred to the video statement Whitby provided to police, which amounted to approximately 7.5 hours. Of particular note, Justice Dawson pointed to the fact that Whitby was “questioned for 7.5 hours by two very experienced police interrogators,” using various tactics during their time with the accused. Throughout what Justice Dawson described as persistent, unyielding and unrelenting questions thrown her way, Whitby displayed a wide variety of emotions, but her account of what happened was consistent throughout the marathon statement - even when interviewers confronted her with allegations that she was not telling the truth. In her view, Whitby was not attempting to “out-maneuver” the interviewers, or attempt to take control of the process.
Ultimately, the verdict decision was not conceived out of personal bias, but from examples of previous case law, applying the WD analysis, and answering the question of proof beyond reasonable doubt.
“While I cannot say I am not suspicious, I must be guided by the law,” Justice Dawson said, noting she had reasonable doubt that Whitby caused harm to her son.
Justice Dawson told Whitby she was not guilty a second time within an hour, clearing the manslaughter charge.
According to Whitby’s lawyer, the decision had lifted some weight off his client’s shoulders.
“Relief is probably the best word for it,” said Darren Kraushaar. “This has been a complicated case, a sad case, it was a difficult case. I wouldn’t say she’s happy, but she is relieved.”
While the decision was in Whitby’s favour, it may only be a temporary reprieve as Kraushaar hinted.
“Obviously, we’re pleased with the result,” he said. “It was something we were hoping for and expecting. Chelsea’s got to decide what she’s going to do from here.”
Conversely, Crown prosecutor Adam Breker shared his dismay on the decision with reporters gathered outside the courthouse.
“We’re disappointed in the verdict,” he said. “It’s been a long process getting this trial complete, and the trial has had very high emotion for everyone involved.”
An example of these high emotions could be found in the hallway outside Courtroom Two as both sides partook in a brief verbal exchange.
Breker noted the Crown arguments to convict Whitby of manslaughter were strong in his view.
“We felt we presented a strong case and argument for the conviction of manslaughter and the judge did not agree with us,” Breker said.
Both Breker and Kraushaar agreed the case was quite complex.
“This case was quite complicated,” Kraushaar said. “There were a lot of evidentiary issues that took a long time to sort out.”
“The uncertainly while we waited for those decisions was going to be very important - one way or the other - in terms of the evidence that the judge was left with,” Breker said of rulings during the trial (referring to the voire dire evidence ultimately being inadmissible) that changed the Crown’s case somewhat. He also says the Crown is “definitely considering an appeal.”
Perhaps the most poignant comment made of the entire ordeal came from Breker as the final family members and friends of Emerson made their way out of the busy courthouse.
“No matter what happened here today, Emerson’s never coming back and that tragedy will remain no matter what,” he said.
— for more from Crime, Cops and Court.
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