Mary Jana McCormack trial
The case of a former daycare owner accused of assaulting children continues on Thursday.
3rd & 7 37yd
3rd & 7 37yd
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McCormack has been called as a witness. She says she started Laugh & Learn out of her Harvey Station home in 2011, initially licensed for children aged 0-5.by Karissa Donkin via twitter 4/5/2018 12:37:46 PM
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She was later licensed for an after-school program and a preschool program too. In June 2016, McCormack had two employees - Ashley Boudreau and Jessica Grant (we heard from both yesterday).by Karissa Donkin via twitter 4/5/2018 12:39:29 PM
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McCormack lists off names of 10 children who attended Laugh & Learn in June 2016. Their identities are protected by a publication ban.by Karissa Donkin via twitter 4/5/2018 12:48:29 PM
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McCormack says she got a letter from the Department of Social Development in June 2016, saying she was under investigation. She was then called to a meeting by Joanne Voye Page, her coordinator with the Department of Education and Early Childhood Development.by Karissa Donkin via twitter 4/5/2018 12:52:25 PM
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Her lawyer, George Kalinowski, asks if she knows what prompted the investigation. McCormack says she was told there was an anonymous complaint and she didn’t know at the time who made it. She was called to a meeting with Voye Page on June 29, 2016.by Karissa Donkin via twitter 4/5/2018 12:53:59 PM
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McCormack says she wasn’t contacted about the complaint again until July 22, 2016, when she was arrested by police. She says she was advised she was being arrested for “child abuse.”by Karissa Donkin via twitter 4/5/2018 12:55:05 PM
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McCormack is talking about forms that Grant and Boudreau signed when they started work. She says she copied and pasted guidelines on care from a website. Crown prosecutor Claude Hache is questioning this, pointing out typos in the forms.by Karissa Donkin via twitter 4/5/2018 12:58:12 PM
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Kalinowski is asking about the lunchtime routine at Lunch & Learn. McCormack says there were five to seven kids eating lunch there each day, depending on the day. About half could eat on their own without help.by Karissa Donkin via twitter 4/5/2018 1:02:22 PM
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Kalinowski is asking her to describe how she got children to eat if they refused. She says she would make airplane noises or use distractions. She would sometimes hold their chins so they can’t move their heads all around.by Karissa Donkin via twitter 4/5/2018 1:07:38 PM
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McCormack says she couldn’t leave children with food in their mouths. “I would do what I needed to make sure there was no food in their mouths.” She says safety was “number one” while doing this.by Karissa Donkin via twitter 4/5/2018 1:13:14 PM
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She describes a time when she put her fingers in a child’s mouth when he wouldn’t swallow his food. As she was taking the food out, she says the child bit her fingers.by Karissa Donkin via twitter 4/5/2018 1:13:52 PM
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McCormack talks about how children could choke if they fell asleep with food in their mouths, which is why she had to make sure they swallowed everything.by Karissa Donkin via twitter 4/5/2018 1:16:00 PM
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McCormack’s voice shakes as she talks about an article she read about a child at a daycare in NS. The child died after going to bed with food in their mouth, she said. “It terrified me.”by Karissa Donkin via twitter 4/5/2018 1:17:56 PM
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Kalinowski asks McCormack when, if ever, an infant ever vomited while she was feeding them. She only remembers one instance, when a child was outside and just getting over the flu.by Karissa Donkin via twitter 4/5/2018 1:23:46 PM
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Kalinowski asks McCormack when, if ever, she force fed a child. McCormack sighs. “That is quite grey. It was my responsibility to ensure the children at the facility ate and were safe.”by Karissa Donkin via twitter 4/5/2018 1:49:03 PM
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She questions whether putting a spoon of food in an infant’s face is force feeding. “I think that’s really hard to answer George.” McCormack says she doesn’t think she has ever force fed a child.by Karissa Donkin via twitter 4/5/2018 1:50:21 PM
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Kalinowski now asks about the incident where McCormack is alleged to have thrown a child up the stairs. She says the little girl’s father told her that she was capable of crawling up stairs.by Karissa Donkin via twitter 4/5/2018 1:54:05 PM
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McCormack says she wanted to encourage the girl to be independent and crawl up the stairs. She says she positioned herself behind the girl and was helping her crawl. On the top step, McCormack says the girl’s arms collapsed as she was crawling and she bumped her face on the step.by Karissa Donkin via twitter 4/5/2018 1:56:40 PM
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McCormack says she mentioned it to the girl’s father that day. “There was no marks. There was no blood.” This happened in May or June 2016 (McCormack was arrested in July).by Karissa Donkin via twitter 4/5/2018 1:57:47 PM
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Kalinowski asks about another incident where a different child was injured. McCormack says the children were playing on a trail and the boy tripped and went headfirst into a rock. There was blood.by Karissa Donkin via twitter 4/5/2018 2:03:30 PM
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McCormack says it’s always a “serious concern” when a child hits their head. She says she called the boy’s mother, got ice, took him back to her house and wrapped his head in gauze.by Karissa Donkin via twitter 4/5/2018 2:04:26 PM
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Kalinowski asks if McCormack ever physically threw a child at the daycare. “Never.”by Karissa Donkin via twitter 4/5/2018 2:05:03 PM
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Kalinowski asks if staff ever spoke to McCormack about concerns with the way she fed children. Never. And if staff ever spoke to her with concerns about being physical with children? Never.by Karissa Donkin via twitter 4/5/2018 2:05:57 PM
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Defense has finished questioning McCormack. Crown prosecutor Claude Hache will now have a chance to cross-examine her.by Karissa Donkin via twitter 4/5/2018 2:06:43 PM
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In cross-examination, Hache is asking McCormack if she said she doesn’t *think* she force fed any children. She takes issue with this, says that’s not what she said. “That’s exactly what she said,” Judge Dubé chimes in.by Karissa Donkin via twitter 4/5/2018 2:21:56 PM
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“I think you’re only picking out part of what I said,” McCormack says to Hache.by Karissa Donkin via twitter 4/5/2018 2:23:09 PM
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“When a child doesn’t eat what you’ve prepared, that can be frustrating,” the prosecutor says. “I don’t agree,” McCormack says.by Karissa Donkin via twitter 4/5/2018 2:27:42 PM
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“Is it possible for a child to not be hungry at lunch?” Haché asks. “No,” McCormack says. She says she’s never had a child go to bed at the daycare hungry unless they were sick with a cold or flu.by Karissa Donkin via twitter 4/5/2018 2:30:30 PM
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Haché is asking about the child who didn’t like the texture of rice. (Yesterday, two former employees testified about this.) McCormack says it’s not true that he didn’t like rice. “[The child] would say otherwise.” She says her two employees didn’t know the child as well as her.by Karissa Donkin via twitter 4/5/2018 2:33:53 PM
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McCormack seems to be getting frustrated with the prosecutor’s questioning. “You’re not asking me questions.” The judge tells the prosecutor to keep going.by Karissa Donkin via twitter 4/5/2018 2:36:29 PM
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The Crown is asking McCormack about testimony from her former employees yesterday. They said she force fed a boy, poured water down his throat, was aggressive & mad and called him an animal. She denies calling him an animal. “That never happened.”by Karissa Donkin via twitter 4/5/2018 2:46:51 PM
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The Crown prosecutor is asking about the child who was allegedly “thrown” up the stairs. (McCormack has denied throwing her, saying she bumped her head while crawling.) He asks why she didn’t file an incident report or call her parents right away.by Karissa Donkin via twitter 4/5/2018 3:06:49 PM
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McCormack suggested it wasn’t as serious because the girl wasn’t bleeding and didn’t have any marks. (Her former employees said she was bleeding.) “Children bump into things or each other all the time.”by Karissa Donkin via twitter 4/5/2018 3:08:12 PM
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Prosecutor says what McCormack was doing was force-feeding the children. McCormack shakes her head. He says she was aggressive and grabbing their faces. She denies any of that happened.by Karissa Donkin via twitter 4/5/2018 3:18:07 PM
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Hache is asking about the child who vomited after he was made to eat yogurt with cereal. One of the former employees said yesterday that he vomited multiple times. McCormack says that didn’t happen.by Karissa Donkin via twitter 4/5/2018 3:56:59 PM
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The Crown is finished its cross-examination of McCormack. We’ll hear closing arguments after lunch.by Karissa Donkin via twitter 4/5/2018 3:57:43 PM
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We’re back. Defense lawyer George Kalinowski is giving his closing arguments first. He’s summarizing evidence from Jessica Grant and Ashley Boudreau, former Laugh & Learn employees.by Karissa Donkin via twitter 4/5/2018 4:43:09 PM
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He says the Crown didn’t call any parents who said their children came home with unexplained bruises or vomit on them.by Karissa Donkin via twitter 4/5/2018 4:43:59 PM
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Kalinowski talks about Boudreau, how she didn’t tell anyone except for mentioning to NBCC instructors about McCormack being rough with children. He says her evidence on that is foggy but the judge jumps in, saying Boudreau testified to being scared to tell anyone.by Karissa Donkin via twitter 4/5/2018 4:45:09 PM
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(Boudreau said she worried McCormack might somehow interfere with her EI as she went out on maternity leave if she told anyone what she saw.)by Karissa Donkin via twitter 4/5/2018 4:45:45 PM
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Kalinowski says the Crown’s case is really built on two people, Grant and Boudreau. “My submission is those two witnesses are really not reliable.”by Karissa Donkin via twitter 4/5/2018 4:46:51 PM
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He says the Crown is missing independent corroboration of their evidence.by Karissa Donkin via twitter 4/5/2018 4:47:23 PM
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One of the former employees said a child was thrown up the stairs like “a rag doll.” Kalinowski says there’s no evidence of parents contacting McCormack with concern over care of their children.by Karissa Donkin via twitter 4/5/2018 4:50:50 PM
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Crown prosecutor Claude Haché is giving his closing arguments now. He says courts across the country have indicated that force feeding can be assault. “Normally, the end is much graver than what happened here.”by Karissa Donkin via twitter 4/5/2018 4:56:15 PM
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Haché says the employees who testified described acts that were somewhat severe. “They described the children who were subjected to these acts as crying, coughing and screaming. They described chaos.”by Karissa Donkin via twitter 4/5/2018 5:00:50 PM
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Haché references McCormack’s testimony, saying she never had a child who wasn’t hungry at lunch or a child who was difficult/had a meltdown at lunch. Says it’s “ludicrous.”by Karissa Donkin via twitter 4/5/2018 5:02:52 PM
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The Crown urges the judge to put little weight in the fact the employees didn’t report what they saw. He says they were inexperienced, in an entry-level job and McCormack was their boss. “These girls were just out of school.”by Karissa Donkin via twitter 4/5/2018 5:04:47 PM
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Haché is going over the eight counts. He says one hasn’t been proven by the Crown beyond a reasonable doubt because it fell out of the time range. McCormack is declared not guilty on that count. There are seven remaining charges.by Karissa Donkin via twitter 4/5/2018 5:13:51 PM
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One of those charges refers to a child allegedly being thrown up the stairs. The other six charges relate to force feeding.by Karissa Donkin via twitter 4/5/2018 5:14:41 PM
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The Crown wraps up his closing arguments, asking for McCormack to be found guilty on seven charges. The judge reserves his decision until July 5 at 11 a.m.by Karissa Donkin via twitter 4/5/2018 5:16:19 PM