Considered taking Hart's children, social worker tells trial

A jury in a Newfoundland Supreme Court trial was told Monday of how social workers had considered taking Nelson Hart's daughters in the weeks before they drowned in a lake.

Court also heard how Hart, 38, showed anger to a social worker less than a week before his three-year-old twin daughters, Krista and Karen Hart, drowned in Gander Lake in August 2002.

Hart isbeing tried in Gander on two counts of first-degree murder.

Tammy Leonard, a social worker now working in Cornwall, Ont., told the trialsocial workers had considered apprehending the girls because of chronic money problems.

The trial relocated to a College of the North Atlantic building on Monday so Leonard could testify by video link.

Leonard, who began working with the family in December 2001, said Hart and his wife, Jennifer, had fallen behind $1,600 on rent with the Newfoundland and Labrador Housing Corp. The Harts were on social assistance at the time.

The couple briefly relocated to Prince Edward Island, but did not have anywhere to live when they returned to Gander.

Social workers,Leonard said, were considering taking the children away from the parents, but stopped once the family moved in with Jennifer Hart's father.

By June, the family was homeless again, and social workers were preparing again to apprehend the children.

Leonard said she and Jennifer Hart called Nelson Hart's brother, Mervin, to ask him if he would take the children. Nelson Hart, though, found an apartment before any action was taken.

Case taken over by new worker

Leonard left her job at the end of June 2002, and had no further contact with the family.

On cross-examination, Leonard said there were no concerns regarding physical abuse involving the family. She said social services officials were ensuring the Harts could provide food and shelter for their children. Leonard said the Harts were always co-operative.

When Leonard quit her job, Carolyn Chard took over the Hart family file.

Chard told the court she visited the Harts at least once a week, and that her last visit was six days before thegirls died.

During that visit, she said, Nelson Hart complained about the number of visits she was making, and said he told her that neighbours were talking about the visits.

At one point, Chard said during testimony given Monday afternoon, Hart refused to talk to her for about 20 minutes, and then threw some dishes into the sink.

Chard said that Hart was not shouting, but appeared angry and was not acting like himself.

Chard, who told the court she found the twins to be undisciplined, said she was concerned about the family'sliving arrangements, and — like Leonard— was not concerned about possible physical abuse.

In other testimony, Winston Hunt— Hart's brother-in-law— told the court how Hart once told him he would do away with his children before he let anyone take them away.

Hunt testified thathe thought Hart was joking when he made the comments.

Hunt also testified he saw Hart take several epileptic seizures, and that Hart had said he should not be left alone with the children.

In the days after Krista and Karen Hart drowned in Gander Lake on Aug. 4, 2002, Hart told police he had left the scene to get help. He later changed his story to say that he had had an epileptic seizure, whichprevented him from helping his children.

Hart's trial began last week. The Crown submitted evidence that included videotape from an undercover operation, in which Hart confessed to the murders to people he assumed were part of an organized crime gang.

Hart's lawyer has said the confession was made under coercion and that the drownings were accidental.