[CTV News Edmonton 4/5/11 by Laura Tupper]
Lily is 32 years old and "was a single mother with two children of her own, who, at the time of the boy’s death, had three foster children in total.
The Crown is alleging the foster mother subjected the boy to “neglect, malnourishment and extreme forms of discipline,” and that his death resulted from an escalating pattern of abuse and animosity toward the child."
"Photos of the child unconscious in hospital show bruises on his legs, and cuts and scrapes inside his mouth and lower lip, and on his body.
The trial is slated to last one month, and then resume with a final witness called to testify in August."
The 911 Call
"In a call to 9-1-1 placed before the boy’s death on Jan. 27, 2007, the foster mother told the 9-1-1 operator she had a “little foster boy” who had been harming himself recently. She said the boy had been “getting aggressive again” when he collapsed on the floor of the bathroom.
“We can’t rouse him,” she told the operator. “His eyes are open, and he’s ... taking deep breathes occasionally, but we can’t get him to react to stimuli. I can feel he’s got a pulse, but I’m very worried.”
The woman described the boy as having “a vacant look in his eyes,” and said it doesn’t seem like the boy is having a seizure.
“I don’t know what this is, and I’m scared,” she said.
At one point, the foster mother holds the phone to the child and says the boy’s name, so the operator can hear him make a breathy, moaning sound.
The foster mother also tells the 9-1-1 operator that the boy has a bruise on his head, but she says it was caused a day earlier, when the boy was “throwing himself around on the floor” and against walls.
Evidence photos tendered in court on Monday show a clean and comfortable west Edmonton home, with toys and sports equipment and bunk beds in two bedrooms."
How Child Died is Focus of Trial
[Edmonton Journal 4/5/11 by Jana G. Pruden]
Update: The child's nanny testified at Choy's hearing. "Julia Gee broke down and cried on the witness stand in Edmonton court. She said she continues to suffer from guilt because she did nothing to protect the three-year-old boy."
"Pictures of the foster child showing bruises on his neck, back, arms and legs were submitted in court earlier this month." He died of a "severe brain injury".
Nanny ignored 'red flags' in foster care death
[CBC News 4/14/11]
No media story has been published since mid-April. The last witness is slated to be heard from in August 2011. We have found some of the backstory, pediatrician testimony in the media from the current trial and the pdfs of some of the trial evidence from the Alberta Courts website (Court of Queen's Bench), though. This second trial is being heard only by the judge.
Our commenter asks if Lily was a nurse. Yes, it appears that she was a nurse and nurse instructor at one point.
Since Alberta does not identify names of child victims, this case was once dubbed the Alberta Kafka case by local trackers, which led us to the following article about her release after the first conviction.
Fix CAS Blog
[Fix CAS blog of Edmonton Sun 9/3/2009 story by Tony Blais]
"According to court documents obtained by Sun Media, the former nursing instructor was released on a $5,000 no-cash deposit recognizance with numerous conditions.
Those include that she keep the peace and be of good behaviour, attend court when required, report to her bail supervisor weekly and turn herself in for her appeal.
As well, she must live with her mother and maintain employment with her father, and she is not allowed to apply for or possess a passport or other travel documents.
She is also not allowed to be alone with children under 12, unless another adult is in the immediate presence, or have any child under her care.
She is allowed to have supervised access to her own biological children if a court determines it is in the best interest of the children.
A jury acquitted the woman of second-degree murder, but found her guilty of manslaughter on Nov. 29, 2008, after three days of deliberations following a five-week trial.
Police were called to the woman's west-end home on Jan. 26, 2007, after the boy was taken to Stollery Children's Hospital suffering from serious head trauma. He died in hospital the next day as a result of a fatal brain injury, later determined to be caused by blunt force trauma.
At her trial, the foster mother tearfully testified that the victim was "throwing himself everywhere" as she was holding him in the bathroom, that she lost balance and the boy fell, hitting his head on the toilet, causing the fatal injury.
A Crown expert testified the boy's injuries came from being struck repeatedly, shaken, or a combination of the two, and said that the injuries were not accidental.
A U.S. pathologist disputed the expert's evidence and testified fatal brain injuries can be caused by short falls.
The jury heard evidence that the young foster child was locked in a "sub-zero garage" clad in only a diaper, forced to stay on the toilet for long periods and made to exercise up and down stairs after midnight.
The foster mom has filed appeals of both her manslaughter conviction and her sentence while the Crown is appealing her acquittal on second-degree murder.
The couple of months the woman served on her penitentiary sentence were at the minimum-security Okimaw Ohci Healing Lodge near Maple Creek, Sask. "
Pediatrician Testimony Current Trial
" Dr. Kan Lee took the stand Tuesday and described his examination of the youngster. He told court he saw several bruises on the boy's body, including on his forehead, legs, arms and lower back.
Dr. Lee told court that Lily Choy told him the marks on the boy's body may have come from a visit to his biological father. The doctor also testified that Choy told him the boy would wake up screaming and he would have tantrums in which he would say, "Daddy hurt me, daddy pulling ears."
Dr. Lee also testified he did not see aggressive behaviour in the child.
"He was very quiet, very little emotion shown," said Dr. Lee. "At times he would raise his arms at Lily Choy. Lily Choy told me he wanted a hug, a cuddle."
Dr. Lee also told court Choy was cooperative."
Doctor Testifies at Foster Mom Trial
[CTV by Laura Tupper 4/5/11]
Court of the Queen's Bench Rulings, Current Case
Child is referred to as A.B.
1.18-page pdf released June 13 2011 from testimony April 4 -29, 2011
Judge rules on two points: Was Lily' Choy's verbal and written statements at the hospital voluntary? Yes (page 13). But he also rules that reasonable people would assume she was detained and she was not given her rights, so page 18 says that her written and oral statement at hospital are EXCLUDED.
2.Pdf released May 26
Judge rules on interview with Social Worker, who talked to Lily Choy. Page 2, point 7: Lily Choy says that the child had been throwing tantrums after a visit with birthfamily the previous week .
Ruling to determine whether what she said is part of evidence or not. I believe this conclusion is that the social worker statement can be used as evidence.
3.Pdf released May 4
Judge rules on bus driver's observation and child A.B.'s statement to her that his huge forehead bruise was caused by “auntie”. Child's hearsay is ruled inadmissible.
4.Pdf released April 19
Judge rules on neighbors' observations of neglect. This is ruled inadmissible.
2008 and 2009 rulings in this case can be found here.
Update 3: "The second-degree murder trial of an Edmonton foster mother resumed Wednesday with the accused taking the stand in her own defence
"The second trial is being heard by judge alone in Edmonton Court of Queen's Bench."
Trial resumes for foster mother accused of murder