Stepmother guilty of second-degree murder
Jury finds Elaine Biddersingh complicit in killing of her stepdaughter 22 years ago
The two adults who should have cared for and protected Melonie Biddersingh instead tortured her for more than three years and finally killed her, two separate juries have found.
Her father, Everton Biddersingh, was found guilty of first-degree murder in January. Her stepmother, Elaine Biddersingh, was found guilty of second-degree murder on Monday after a six-day jury deliberation.
“Justice was delivered today,” Crown prosecutor Mary Humphrey told reporters after the verdict.
Justice for Melonie has taken a few months short of 22 years to deliver — longer than the 17 years she lived.
“This little girl was assaulted, abused and eventually died right under our noses,” Det.-Sgt. Steve Ryan said outside court. “There is still nothing in place so we can check in on children who come from other countries. We cannot let this happen again . . . this was a case that was preventable.”
Melonie’s emaciated remains were found in a burning suitcase in a parking lot in Vaughan in September 1994, but she was not identified until 2012 — after Elaine suddenly confessed to her pastor that the mystery girl was her stepdaughter, and that she “died like a dog.”
After the verdict, Elaine sat with her Bible clasped to her chest, alternating between reading passages closely and turning her face to the ceiling in prayer as the judge spoke.
Before she was taken into custody, she spoke to her youngest daughter Charmaine, 24, — whom Melonie had looked after when she was a baby and who testified as a Crown witness — and kissed her on the head.
She calmly smiled as she entered the prisoner’s box, similar to her demeanour throughout the trial.
Her lawyers Alana Page and Jennifer Myers told reporters they were disappointed in the verdict and will consider an appeal.
“While no one would ever suggest that it wasn’t terrible to live in that apartment, there was evidence as well that not only were the Biddersingh children victims, as I believe they were, but Elaine was a victim in her own right,” Page said outside court.
The jury did not hear directly from Biddersingh, who did not take the stand, nor have evidence called in her defence. However, she testified in her husband’s murder trial, blaming him for the abuse of the children and claiming he regularly beat her.
Elaine told the jury in that trial that she discovered Melonie’s body in a tiny hallway cupboard where Everton would confine her.
The Crown argued she was lying. She admitted to helping dispose of Melonie’s body using the teen’s own suitcase, and told the jury she believed Melonie died of malnutrition.
Elaine said she frequently reported Everton’s abuse of her to the police to no avail — the Crown said records do not support this — but did not say she reported the abuse of the children.
The Crown argued in Elaine’s trial that she resented having to care for the children from Everton’s previous relationships. “She promised to care for Melonie, protect her and nurture her. She failed in her duty as a parent,” prosecutor Anna Tenhouse told the jury. “Elaine was the mastermind and Everton was the fist.”
Elaine’s lawyers sought to paint her as a victim of domestic violence in a “horrendous situation” who had no part in Melonie’s tragic death.
Myers told the jury in her closing address that responsibility for Melonie’s death rests with Everton, who physically abused the family. Elaine would seclude herself in the bedroom reading the Bible and watching religious TV shows, Myers said.
Myers told the jury the Crown could not prove beyond a reasonable doubt that Elaine knew Melonie’s life was in danger or played a role in her death. Elaine didn’t know the extent of Melonie’s condition, Myers said.
“Elaine lived in fear as the children did,” Myers said. “(Everton) was a master manipulator. She didn’t finish high school.” Elaine didn’t reveal Melonie’s death because Everton told her the police would take away her children, Myers said.
“Elaine played a role in everything that happened in that apartment,” countered the Crown. The apartment, in a Parkdale highrise, was 746 square feet, making it impossible to believe she was not aware of Melonie’s condition, Tenhouse said.
Melonie had 21 healing fractures when her body was found and was severely malnourished. Her body weighed less than 27 kilograms, the weight of a child half her age.
Just how Melonie died remains unclear. Pathologists pointed to drowning in a fresh water source, but left open the possibility that she nearly drowned and died of something else such as starvation.
Cleon Biddersingh, now 41, testified in both trials to the abuse the children suffered. Melonie had it the worst, he said. He told the jury she was stomped on and struck, tossed against the wall, deprived of food, chained to furniture and locked in a closet. She didn’t go to school.
Once, Elaine smashed a coffee mug on Melonie’s head, Cleon said. In the summer she made Melonie bathe and relieve herself on the balcony.
“Elaine was convinced Melonie had brought a curse on her home,” Tenhouse told the jury. “She called Melonie the devil. That she had a curse in her.”
Sentencing is expected in the fall.