The first officer on scene of a double murder in Oak Bay on Christmas Day 2017 continued his testimony today.
WARNING GRAPHIC DETAILS:
Const. Piotr (Peter) Ulanowski went to Andrew Berry's apartment after his ex-common-law partner went to the detachment late Christmas afternoon to report he had failed to return their daughters as scheduled at noon. The former couple shared custody of 6 year old Chloe and 4 year old Aubrey.
During Tuesday's testimony, Ulanowski described entering the darkened apartment, seeing clothes everywhere -- an apartment in disarray. Using his flashlight he saw the body of one of the girl's on a bed covered in blood, there was blood on the walls.
The officer says he knew something had happened, it was a crime scene. Out of concern for safety, and to preserve the scene, he closed the door and went down the hall to the lobby to call for a senior officer.
Returning minutes later with a sergeant, Ulanowski located Berry in the blood-smeared bathroom, naked in the tub with injuries he describes as looking "fresh," not dried over or scabbed.
He later rode in the ambulance with Berry and using his cell phone took a photo to document his condition. The photo shows Berry with an oxygen mask on, a blackened swollen eye, a puncture to his neck and laceration on his left chest.
Under cross examination the Defense hammered away at the officer for leaving the scene even for a few minutes, and argued the officer is not qualified to discern between fresh blood or not.
Defense lawyer Kevin McCullough questioned the officer's decision to leave the apartment unattended, calling it "mistake," and noting there was an exit near the suite.
The officer admitted he could not see the apartment door where he was, and couldn't say if anyone came in or left.
McCullough suggested the apartment could have been in disarray because it was "tossed" of rifled through by someone else who may have been there.
The officer testified he didn't know if Berry was a victim or the subject. But McCullough suggested his client was treated as the one and only suspect from the start, referring to a media statement made by the police department Deputy Chief just hours after the gruesome discovery where he assured "there's no reason to believe the public is at risk."
Berry has pleaded not guilty to 2 counts of second-degree murder.
The Crown alleges Berry stabbed his daughters more than two dozen times each before attempting to kill himself.