CAUTION: Details in this story are disturbing and graphic.
The double murder trial of an Oak Bay father accused of killing his daughters continues in a Vancouver courtroom, with livestreaming to a Victoria courtroom as well.
Andrew Berry, 45, has pleaded not guilty to 2 counts of second degree murder in the deaths of Chloe and Aubrey, 6 and 4, on Christmas Day 2017.
The first police officer to arrive at the grisly scene at Andrew Berry's apartment has been facing aggressive cross examination from Defence Counsel Kevin McCullough for 3 days.
McCullough is trying to convince the 9 man 5 woman jury that Ulanowski's actions at the scene were incompetent. He has also accused the officer of having tunnel vision, and trying to to shape the case against his client.
On the stand Tuesday morning Ulanowski was asked why, when he accompanied Berry to hospital to be treated for what the Crown contends were self-inflicted wounds, he did not try to question him about what happened.
Ulanowski responded that Berry was unconscious.
McCullough rounded out his cross examination of the officer by alleging "From the moment you became involved in this matter, Mr. Berry was the killer.”
Crown Prosecutor Patrick Weir did a re-examination of the officer in efforts to counter Defense assertions of an incompetent investigation fraught with mistakes and omissions from notes.
Providing the officer with a copy of the "Information to Obtain a search warrant" for Berry’s apartment, which uses information from police officers to grant investigators a warrant, he asked Ulanowski to read it, then recount what it helped him recall.
Ulanowski described arriving at the apartment, not getting an answer when he knocked or called Berry's cell. But he heard a cell ringing inside the unit. He noticed boots and children's toys in the hallway. And he testified he completed his final report before going home at approximately 1:30 am December 26th. He said the report references the trouble he had opening the apartment door because clothes were in the way on the other side.
The officer also said the case was investigated for a "long time", not the 2 hours suggested by the Defence.
The second witness to take the stand is Oak Bay Police Sgt. Michael Martin. Martin, a 30 year police veteran, was the watch commander on that day.
Crown prosecutor Patrick Weir asked Martin to describe his first encounter with Sarah Cotton, the girls mother, and Brenda Berry, the girls' grandmother and Berry's mother.
He recalled both women showing up together at the detachment about 4pm to report Chloe and Aubrey hadn't been returned as per the custody agreement at noon.
After viewing a copy of the document on Cotton's cell phone Martin verified that Berry was allowed custody in odd years from noon December 24th to noon December 25th. He emailed Berry at 4:18 asking Berry to contact him immediately about the return of the children. He also called, but got no response.
Martin told the court it wasn't his intention to arrest Berry as it was Christmas, and he didn’t want to "tarnish" the children’s day.
He also called Berry's sister who relayed that Berry was suffering from depression, having financial issues, had the power in his apartment cut off -- but the heat was still working. She added her brother, was a good father who wouldn't harm his children, and was not suicidal.
Martin said he became concerned when Cnst. Piotr Ulanoski called to say no one was answering the door of Berry's apartment, and he could hear the cell phone ringing inside. His police instincts were also triggered by Ulanowski's report that men's boots were in the hallway, along with a snow slider and children's toys. He said it meant they weren't out using those things.
The veteran officer became emotional describing photos of the children provided by their mother, along with clothing descriptions of what they were believed to be wearing.
The photos and information were shared with other police departments, transit, and taxis in order to help find the girls.
Testimony continues Thursday.