WARNING: This story contains details that may be disturbing to some readers
The B.C. man on trial for allegedly killing his daughters was repeatedly asked why he didn’t tell his sister and others that he was innocent during his fourth day of cross-examination Wednesday.
Andrew Berry is charged with second-degree murder in the stabbing death of six-year-old Chloe and four-year-old Aubrey Berry, whose bodies were found in his Oak Bay apartment on Christmas Day, 2017.
Berry has plead not guilty to the crime, insisting he was attacked by associates of a loan shark to whom he owed a significant gambling debt.
He woke up to find his daughters dead, the court has heard, later waking up in hospital with more than a dozen stab wounds.
WATCH: (Aug. 27) Crown uses video evidence in cross-examination of father accused of killing two daughters
Crown prosecutors — who argue Berry killed his daughters and tried to kill himself because he was depressed over his debt and feared losing custody of the girls — focused Wednesday on that time in the hospital, particularly his interaction with his sister.
Berry told the jury the first words he heard his sister say to him were, “I can’t even touch you right now.”
“She didn’t even hug me,” he said of his sister, an RCMP officer whose name is under a publication ban.
His sister then wrote him a note, asking whether there was something she needed to know.
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Berry, who testified he couldn’t speak because he had been stabbed in the throat by his assailant, wrote his sister a reply: “I love you, I’m sorry.”
Prosecutor Patrick Weir asked Berry why he didn’t take the opportunity to prove his innocence.
“I can’t talk, OK?” Berry replied. “Remember that I can’t talk and I’m just writing … I don’t know how to answer that.”
Weir pressed on, asking why Berry didn’t alert a doctor or any of the security personnel he said were in the hospital room with him, and were allegedly treating Berry like he was the killer.
Berry appeared to grow increasingly frustrated and agitated as the questions continued, particularly on why he told his sister he was “sorry.”
“What are you sorry for, Mr. Berry?” Weir asked.
“You can try logic and parse this inside out,” Berry replied. “I don’t know.”
Photos and video released
On Wednesday, the court also released photos shown to the jury the day before, depicting Berry’s apartment as it was found by police on Christmas Day.
The girls had left out a letter for Santa on Christmas Eve, along with a bowl of bunny crackers and a toothbrush for Santa to clean his teeth with after.
The photos also show a Christmas tree with toys and presents nearby. Blood can be seen on the hardwood floor.
Another photo shows the front hallway of Berry’s apartment, where a pair of inflatable sleds and a pair of snow boots can be seen.
The court also released video presented to the jury Tuesday that shows Berry, Aubrey and Chloe at a local rec centre — the last time the girls were seen in public alive.
Berry said Tuesday they went swimming that afternoon, but Weir challenged that recollection, noting that the pool closed that day at 1:30 p.m.
On Wednesday, Weir challenged Berry on what he told his sister about Christmas Day, which Berry had described as “normal” in another note to her.
“It wasn’t a normal day,” Weir said.
“I’m not quite sure what I’m thinking at this point, but this is all … all mixed up,” Berry replied.
Suicide attempt questioned
The final photo released Wednesday shows Berry in hospital after he was found by police. Several injuries can be seen on his neck and chest, with an oxygen mask covering his face.
Crown pressed Berry on whether he had admitted to his sister he had tried to kill himself on Christmas Day, after his sister asked him in hospital.
Berry’s note in reply read: “I don’t remember what I did but I tried suicide.”
Berry replied he was referring to his suicide attempt a month before the killings, when he had told the court he had hit rock bottom over his gambling debts.
“I was just being literal,” he testified.
WATCH: (Aug. 26) Father accused of killing two daughters under more cross-examination
Again, Weir pressed Berry on why he didn’t tell his sister or anyone else that his injuries, including a black eye that Berry couldn’t explain, came from an attack.
“You don’t say it became black in the course of an assault … You don’t write, because I was viciously attacked in my home?” Weir said. “You didn’t write down, we were horribly attacked in my apartment and we need to find the real killer?”
“I think I’m just digesting my eye is black,” Berry said.
Weir asked Berry why he wasn’t more honest and forthcoming with his sister.
“She’s asking me police questions … she’s not being warm and nice and cosy. She’s not my loving sister at this point,” Berry said.
“What are you hiding from her at that point?” Weir asked.
“I’m hiding gambling debts, bag of drugs,” Berry replied.
Berry has told the court he was forced to keep two bags at his apartment for “Paul,” the loan shark he owed $25,000 to and whose associates Berry says attacked him and killed his daughters.
Berry is expected to return to the stand for further cross-examination Thursday.
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