Co-accused in Hamilton baby death case pleads guilty in court

Nathan O'Brien pleaded guilty to indignity to a dead body in virtual court Thursday afternoon, closing the books on his involvement with the unusual and tragic case of a newborn baby buried in the basement of a Hamilton home earlier this year.

O'Brien, who has no previous criminal record, was sentenced to time-served and 12 months probation, and is to attend and actively participate in court-ordered drug rehabilitation programs.

Earlier this year, O'Brien, now 35, was the subject of a police investigation along with 24-year-old Winnie Ensor after police received information from a community member that a newborn had been buried at 104 Wellington St. N., a brick, semi-detached home near Wilson Street.

O'Brien and Ensor were in a relationship at the time and were living in shelters and abandoned buildings, and were known by social navigation teams in the downtown area, the court heard.

They were squatting in the townhouse - without running water, heat or hydro - when Ensor gave birth to a baby girl sometime around Feb. 19.

A forensic autopsy on the newborn found high levels of meth in the baby's system, though it was unable to determine if the baby was alive after Ensor delivered her.

The couple kept the baby's body until Feb. 23, when O'Brien brought the baby to the basement to bury under the floor, accompanied by Ensor and a friend of theirs.

O'Brien's lawyer said, despite the burial falling short of social expectations, it wasn't meant to hide the body for the sake of wrongdoing, especially as they invited a friend to attend.

That's something you do at a service," he said.

During sentencing, Justice Marjoh Agro said she agrees with the lawyer's statement that the burial fell short of social expectations, and there are certain indicators that it was an act to draw closure for O'Brien, Ensor and the baby.

The problem lies with O'Brien and Ensor not alerting the authorities of the baby's death that would permit the child to receive a proper burial in a designated area, she said.

The circumstances that led to this outcome are a sad commentary on the condition that individuals who suffer from addiction and who find themselves homeless, whether addicted or not, are suffering in this community," she said.

Alessia Passafiume is a reporter at The Spectator. apassafiume@thespec.com