Chloe Berry, 6, (left) and Aubrey Berry, 4, in an undated photo (File/Handout). Andrew Berry, the girls’ father, is charged with two counts of second-degree murder in their deaths in Oak Bay. (Handout)
Note: This story contains details some readers may find disturbing.
The trial for the Oak Bay man accused of killing his two daughters on Christmas Day began Tuesday in Vancouver.
Forty-five-year-old Andrew Berry is charged with two counts second-degree murder in the deaths of six-year-old Chloe Berry and four-year-old Aubrey Berry. Their bodies were found in his Beach Drive apartment.
Berry has pleaded not guilty to the crime and remains in custody.
After some legal wrangling, trail has now begun for Andrew Berry in BC Supreme Court. The Oak Bay father is charged with two counts of second-degree murder in the deaths of his daughters, four-year old Aubrey Berry and six-year-old Chloe Berry. More @CHEK_News #OakBay #yyj #crime pic.twitter.com/2kcn4ftvbZ
— Tess van Straaten (@tessvanstraaten) April 16, 2019
Judge just finished giving jury in the Andrew Berry trial lengthy and very detailed instructions. Berry is charged with 2 counts of second-degree murder in the Christmas 2017 deaths of his daughters, 4-year old Aubrey & 6-year-old Chloe. More @CHEK_News #OakBay #yyj #crime pic.twitter.com/s1MMKpsClM
— Tess van Straaten (@tessvanstraaten) April 16, 2019
Crown lawyer delivered her opening statement to a B.C. Supreme Court jury in Vancouver at the start of the trial for Andrew Berry, who has pleaded not guilty to two counts of second-degree murder.
Jennings said the girls’ mother, Sarah Cotton, went to the Oak Bay police detachment on Dec. 25, 2017, after the father failed to return their daughters by noon as required by a court order.
She said police went to his apartment and found six-year-old Chloe Berry and four-year-old Aubrey Berry dead, lying on beds in separate bedrooms with multiple stab wounds to their bodies.
Jennings said police found Andrew Berry naked in the bathtub with a black eye and stab wounds to his neck and throat, and he told first responders, “Kill me,” and “Leave me alone.'”
The defence has not yet had an opportunity to deliver its opening statement or to call witnesses.
Jennings said one police officer initially responded to the home and saw a girl dead on a bed before he closed the door and called for another officer to join him.
By the time that officer arrived, it was about 6 p.m., and she said the officers had to use flashlights because Berry’s power had been shut off. They saw blood on the floor and walls throughout the apartment, she said.
Firefighters and paramedics responded to provide first aid to Berry in the bathroom, where he asked them to kill him, Jennings told the jury. He was taken by ambulance to hospital.
Another paramedic assessed the two young girls in the bedrooms, where they were wearing bloody pyjamas, had bloody hair and were stiff and cold, she said.
“They had been deceased for some time.”
Berry was treated in hospital and underwent surgery to repair a serious injury to his throat or neck, she said.
While in hospital, he never once mentioned his daughters or asked how they were doing, Jennings said. Instead, she said, he had a series of complaints about his parents and the girls’ mother, and how they had treated him.
Forensic identification officers went to his apartment and photographed a knife on the floor near the bed where Chloe Berry was found, Jennings said.
They also found a note on Andrew Berry’s living room table addressed to his sister, in which he also sets out a number of complaints about his parents and Cotton, she added.
She said the jury will hear that an autopsy found Chloe Berry was struck in the head at least once, hard enough to fracture her skull, and she was stabbed 26 times in her chest, back, arms and wrists. Aubrey Berry was stabbed 32 times, also in her chest, back arms and wrists, Jennings said.
Some stab wounds were inflicted before the girls died and some were inflicted after, she said.
Jennings also said a neighbour will testify about hearing a loud noise from Andrew Berry’s apartment around 8 a.m. on Christmas Day. Neither of his daughters was seen or heard from at all that day, she added.
Jennings said a court order in May 2017 set out the parenting schedule between the two parents, with Cotton taking custody 60 per cent of the time and Berry the remaining 40 per cent.
Also in May 2017, Berry quit his job with BC Ferries. He struggled financially and by December his power had been shut off and he was due to be evicted because he was behind on rent payments, the Crown attorney said.
The trial was moved to Vancouver because of the publicity surrounding the deaths of the girls. Then in February, Justice Miriam Gropper ordered that the trial be broadcast by video to a supervised courtroom at the Victoria Courthouse if technically feasible so the public could view the proceedings.
About a dozen family and friends gathered in the Victoria viewing area on Tuesday. The jury in Vancouver has been told the trial could last three to four months.
None of the allegations against Berry have been proven in court.
Follow below for live updates. Updates may include details that could be upsetting to some viewers.
The crown’s begun its opening statement at the trial of Andrew Berry. He’s charged with the Christmas Day 2017 murders of his young daughters Chloe & Aubrey Berry. Crown says they were “brutally murdered” and “there was blood on the walls, blood on the floor.” @CHEK_News #yyj pic.twitter.com/uOuRDGuCF1
— Tess van Straaten (@tessvanstraaten) April 16, 2019
Very hard testimony to hear today. Crown witnesses will detail how Chloe Berry was stabbed 26 times and little Aubrey Berry was stabbed 32 times. Their bodies were found Christmas Day 2017. Their father Andrew Berry is charged with 2 counts of 2nd degree murder. @CHEK_News #yyj pic.twitter.com/GCl9wco9dn
— Tess van Straaten (@tessvanstraaten) April 16, 2019
The crown says police found Andrew Berry naked in his bathtub with what they allege are “self-inflicted stab wounds”. His daughters Chloe & Aubrey, age 6 and 4, were found dead in their beds “their bodies and hair covered in blood” after being stabbed numerous times. @CHEK_News pic.twitter.com/1MhxMZxzZz
— Tess van Straaten (@tessvanstraaten) April 16, 2019
The @OakBayPolice officer who found the bodies of Aubrey & Chloe Berry is the first witness at the trial of their dad, Andrew Berry. **WARNING GRAPHIC DETAILS**
He describes a chilling scene…blood on the floor and walls through much of Berry’s apartment.@CHEK_News #yyj #oakbay pic.twitter.com/RtIhZwzhNS— Tess van Straaten (@tessvanstraaten) April 16, 2019
Officer broke down as he described seeing Aubrey’s body… says “I didn’t want to believe what I found. It’s the first time I’ve opened a door and found that.” @CHEK_News
— Tess van Straaten (@tessvanstraaten) April 16, 2019
The @OakBayPolice officer who found Andrew Berry in a bathtub full of water says “there were blood spots thick like jelly on the floor” but Berry was still breathing faintly. Court’s been adjourned for the day. The officer will take the stand again tomorrow morning. @CHEK_News
— Tess van Straaten (@tessvanstraaten) April 16, 2019
With files from Laura Kane, The Canadian Press
CHEK News
