Almost three years after the tragic death of 9-week-old Xavier Wilkinson, whose demise was attributed to complications stemming from a brain injury, the details surrounding the incident remain shrouded in uncertainty. During the murder trial of the boy's father at the Oshawa Superior Court of Justice, Crown prosecutor Mareike Newhouse underscored the absence of concrete evidence, emphasizing the challenge of unravelling the events leading to Xavier's demise.
Xavier, born on September 21, 2020, in good health, experienced a sudden shift in his well-being on November 21, 2020. At this juncture, the relationship between his parents, Paige Wilkinson and the accused, Alvin Serrano, was strained, particularly concerning Serrano's handling of the infant. Allegedly, Serrano failed to adequately support Xavier's head and neck during holding, leading to escalating arguments between the couple.
On the fateful day, a heated disagreement prompted Wilkinson to temporarily leave the residence, leaving Xavier alone with Serrano for a brief period. Upon her return, she discovered something was amiss – Xavier had ceased crying and was emitting an unfamiliar sound. Concerned for her son's well-being, Wilkinson initiated CPR and dialed 911.
Postmortem examinations conducted at Toronto’s Hospital for Sick Children revealed Xavier had incurred swelling in his brain, a brain bleed, and five broken ribs. Remarkably, there were no external signs of injury, and the broken ribs were determined to have transpired weeks before the November 21 incident. Serrano, facing charges of second-degree murder and assault causing bodily harm, entered a plea of not guilty during the trial.
The prosecutor, Newhouse, highlighted the circumstantial nature of the case, acknowledging the absence of direct evidence and witnesses to illuminate the circumstances of Xavier's demise. Serrano's arrest occurred eight months after the incident, in August 2021, and he was subsequently released on bail.
As the trial unfolds under the jurisdiction of Justice Laura Bird, a 12-person jury will deliberate on the enigmatic circumstances surrounding Xavier's death. The prosecution has asserted that the jury's task is to determine what transpired with Xavier, given the absence of conclusive evidence. The trial is expected to span four weeks, with proceedings set to conclude no later than February 9, 2023.