Chloe Berry, 6, and Aubrey Berry, 4, were found dead in an Oak Bay apartment on Beach Drive on Christmas Day 2017. (Submitted photo)

Oak Bay double murder trial enters second week

Defence continues to question police handling of crime scene

*Warning: The following contains graphic content that is disturbing

The double murder trial for the Oak Bay father accused of killing his two young daughters on Christmas Day in 2017 entered its second week Tuesday at Vancouver Law Courts.

Andrew Berry, 45, has pleaded not guilty to two charges of second-degree murder in the deaths of his two daughters, four-year-old Aubrey Berry and six-year-old Chloe Berry, who were found dead in his apartment on Christmas Day in 2017.

Crown’s first witness, Oak Bay Const. Piotr Ulanowski, who was first on the crime scene, took the stand for the third day, being cross-examined by Berry’s criminal defence lawyer Kevin McCullough.

McCullough accused the police of mishandling the case, saying they had tunnel vision and only focused on his client Andrew Berry as the perpetrator, going so far as to say they “shaded the evidence” to try to convict him.

Ulanowski testified that upon opening the door of the apartment and shining his flashlight into the suite, he saw blood on the floors and walls of much of the apartment and the body of a little girl in one of the beds.

After finding the grisly scene of “chaos” in Berry’s apartment, he closed the door of the suite and went to the front of the apartment building to wait for backup – his supervisor Sgt. Michael Martin – to arrive, leaving the suite door unattended.

McCullough called that a mistake, as someone could have left during those five minutes that Berry’s door was unguarded and unwatched.

RELATED: Gruesome details emerge on first day of trial for Oak Bay father charged in daughters’ deaths

McCullough said “it would take mere seconds” for “the killer” to leave through a back exit door 15 to 20 feet from Berry’s door while Ulanowski was at the front of the building. Ulanowski agreed that was possible.

Ulanowski was questioned about why he didn’t put in his notes or share in his debrief the fact he left the door unguarded and unwatched.

“I’m going to suggest that you intentionally left that out of your notes,” said McCullough, suggesting Ulanowski did it to hide his mistake and “incompetence.”

Ulanowski disagreed, saying he was just trying to mentally process the scene.

McCullough also grilled Ulanowski on why he told the jury he had minor trouble pushing open the front door of Berry’s apartment – as if there was something on the other side – when he did not put that in his notes or mention it during debriefs.

“That’s because, I’m going to suggest to you, Const. Ulanowski, it is not true,” said McCullough.

Ulanowski denied the claim.

RELATED: Trial begins for Oak Bay father charged in Christmas Day deaths of two daughters

McCullough continued, suggesting that Ulanowski brought up the door difficulties “because you knew that was trying to shape the case against Mr. Berry. Right?”

“How? I’m not the lead investigator on this,” said Ulanowski. “I’m just the guy that showed up at the front door and found bloody children.”

McCullough suggested that the reason Ulanowski didn’t record it in his notes is because there was no difficulty in opening the door and said the reason the cross-examination was uncomfortable is because the notes and debrief didn’t reflect the door difficulty.

“This is uncomfortable because I have to reference dead kids, that remind me of my own kids. That’s why this is difficult,” Ulanowski retorted.

McCullough asked if Ulanowski wanted to take a break.

When Ulanowski said “No, I’m fine,” McCullough raised his voice and blasted,”You realize he’s on trial for murder, don’t you?”

The integrity of the crime scene was also questioned by McCullough as Ulanowski admitted under cross-examination that he did not put on booties and that it was “impossible” for him to not have tracked blood from the bathroom – where Berry was found naked in a bathtub with stab wounds in the upper left chest area and throat – through the scene and into the hallway. It was also confirmed by Ulanowski that objects in the hallway were moved while trying to get Berry onto a gurney outside the apartment.

During discussion about debriefs on the day of the event, Ulanowski described a mental health debrief that was conducted as a group with Ulanowski, Martin and other officers who were on scene. Ulanowski testified that the officers discussed the events and timeline of the day during that session. The debrief was done midway through Ulanowski writing up his report, with him taking a break to do the mental health debrief before resuming the report writing again afterwards.

McCullough expressed concern about the fact the mental health debrief was done as a group with multiple officers that were on scene.

“You all contaminated your evidence that night, being influenced by what the other person said happened,” said McCullough.

The trial will resume Wednesday morning at 9:45 a.m.


 

keri.coles@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

andrew berryOak Bay double homicide

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Paul Nestman’s Exemplary Service Award, which will be presented to him on Oct. 27 by Lt.-Gov. Janet Austin during a virtual ceremony. (Provided by Tammy Robinson)
‘Trust your team’: Victoria man receives Exemplary Service Award from Coast Guard

Paul Nestman, along with 36 others, receive awards during virtual ceremony

The ‘fall back’ time change Nov.1 means earlier sunrises – and sunsets – for British Columbians. (Nina Grossman/News Staff)
Clocks ‘fall back’ for B.C. residents on Nov. 1

Daylight Saving Time ends, B.C. still working on permanent switch to ‘spring ahead’ time

A sentencing hearing began for Joel Conway who was convicted of break and enter and sexual assault last year. (Kendra Crighton/News Staff)
Saanich man sentenced to three years in prison for breaking into woman’s home and sexually assaulting her

Crown is asking Joel Conway be sentenced to four years for both charges, to be served concurrent

Victoria fire crews quickly extinguished a multi-unit apartment building fire near Beacon Hill Park on Oct. 30. (Courtesy of Chief Paul Bruce)
Victoria fire crews extinguish multi-unit fire near Beacon Hill Park

Two people have suffered non-life-threatening injuries

Over the years, Janice Blackie-Goodine’s home in Summerland has featured elaborate Halloween displays and decorations each October. (File photo)
QUIZ: How much do you really know about Halloween?

Oct. 31 is a night of frights. How much do you know about Halloween customs and traditions?

FILE - In this Jan. 23, 1987 file photo, actor Sean Connery holds a rose in his hand as he talks about his new movie “The Name of the Rose” at a news conference in London. Scottish actor Sean Connery, considered by many to have been the best James Bond, has died aged 90, according to an announcement from his family. (AP Photo/Gerald Penny, File)
Actor Sean Connery, the ‘original’ James Bond, dies at 90

Oscar-winner was knighted by Queen Elizabeth II in 2000

President Donald Trump speaks at a campaign rally in Allentown, Pa. on Oct. 26. (AP Photo/Alex Brandon)
POLL: How closely are you following the U.S. presidential election?

It may feel like it’s been going on forever but the U.S.… Continue reading

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

Cpl. Nathan Berze, media officer for the Mission RCMP, giving an update on the investigation at 11:30 a.m., Oct. 30. Patrick Penner photo.
VIDEO: Prisoner convicted of first-degree murder still at large from Mission Institution

When 10 p.m. count was conducted, staff discovered Roderick Muchikekwanape had disappeared

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

Police service dog Herc helped RCMP locate and arrest suspects in the Ladysmith area on Oct. 23, 2020, related to a stolen vehicle. (Submitted)
RCMP nab prolific property offender in Ladysmith with assist from police dog Herc

Police attempted to stop the vehicle but it fled from the area towards Chemainus.

Health care employees take extensive precautions when working with people infected or suspected of having COVID-19. THE CANADIAN PRESS/Chris Young
WorkSafeBC disallows majority of COVID-19 job injury claims

Health care, social services employees filing the most claims

Most Read