Fall would ‘not account for’ injuries to baby, murder trial of Ottawa couple hears

The Ottawa Courthouse on Elgin St. on March 5, 2026. (Katie Griffin/CTV News Ottawa)

Warning: This story contains disturbing details

A forensic pathologist says the injuries he observed on an infant were not consistent with an accidental fall off the bed in testimony that was heard at the trial of an Ottawa mother and her former boyfriend accused of killing her seven-week-old baby.

“A short fall from the bed as I saw it onto the floor would not account for what I found in the postmortem examination, so there must be an alternative explanation as to how the injuries that I identified on the child came about,” Dr. Christopher Milroy testified before the court on Tuesday.

• Trial underway for Ottawa couple accused of killing 7-week-old baby boy

Boravy Buth and Patrick O’Connor have both pleaded not guilty to second-degree murder in the death of Buth’s son Colton who died on Oct. 26, 2021.

The day after Colton’s death, Milroy went to the scene where emergency crews had been called for a baby that wasn’t breathing.

Milroy testified Colton died from a head injury and had other injuries on his tiny body.

“Head injury, meaning blunt force trauma to the head causing fatal brain damage, compression of the chest causing congestion and bruising on the chest,” Milroy stated.

There were metaphyseal fractures in both of his legs which are caused by “twisting and pulling of the leg,” he added.

“They are associated with being an inflicted injury in children. In other words, they don’t come about by normal daily activity handling of a child. Has to be more than that,” Milroy said.

Milroy said the fractures occurred at different times because they were at different stages of healing.

The fractures were only visible through imaging, Milroy said, and while it’s possible that an adult may not realize there’s a fracture, Colton would’ve been in pain.

Court has heard Buth and O’Connor told police officers that Buth had fallen asleep while breastfeeding Colton on a bed and that he fell on to the floor, hitting his head.

A responding officer previously testified at trial that O’Connor told him the baby appeared fine after the fall and he laid down on the bed, holding Colton facing him.

“When he woke up, the child was cold to the touch and not breathing, his words,” the officer testified.

The jury trial continues.

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