A man accused of murdering his two young daughters in Oak Bay on Christmas Day two years ago wrote a three-page letter to his sister that said he could no longer take “abuses” from his ex-wife and parents.
Andrew Berry, 45, is on trial for second-degree murder in B.C. Supreme Court in Vancouver.
The undated note was discovered by forensic identification officers on a table in the living room of Berry’s Beach Drive apartment, in the days following the deaths of six-year-old Chloe and four-year-old Aubrey Berry.
The trial has heard that Berry’s ex-wife, Sarah Cotton, and Berry’s mother went to the Oak Bay Police Department on the afternoon of Dec. 25, 2017, when he failed to return the children as part of their custody agreement.
Police and firefighters found the two lifeless girls in their rooms and an injured and naked Berry lying in the bathtub. The Crown’s theory is that Berry fatally stabbed Chloe and Aubrey and then tried to kill himself.
Last week, defence lawyer Ben Lynskey asked Saanich police forensic identification officer Sgt. Michael Duquette to read portions of the note to the jury.
On Tuesday, Crown prosecutor Patrick Weir asked Duquette to read all three pages into the court record for the context in which those passages were placed.
The letter is addressed to Berry’s sister, whose name is under a publication ban.
This is the letter, in its entirety:
I couldn’t take the abuses by Sarah plus parents. I gambled to get away, live in exile with the girls. The first time I won $100 K I could have used it as one would expect but I didn’t.
Factors — Parents
1. Parents reneging on deal — advancing $50K of ICBC settlement at the last minute. After a variety of implausible excuses I concluded they didn’t want to appear ‘bad’ and would say anything except the truth.
2. Mom feeding Sarah harmful things about me and refusing to stop even with the knowledge our partnership was stressed and break up of family possible.
3. Support Sarah over the incident that had me removed from the house and limited for one year.
4. Calling Child Services against me as revenge for arguing over religion and taking kids to a Baptist Church for a Halloween party. She denies this but her name and date of complaint were shown to me by ministry
5. Attempting to convince me Willows was a bad school. To let Sarah handle it, pick my battles etc. It was made clear without doubt the Christ Church cathedral was not an acceptable alternative. Later to learn she was sending Sarah funds to help pay and I suspect put Sarah up to it to begin with. Chloe was not bullied at Willows. Yet Sarah was making out she was so to boost their argument.
This was the last straw. I quit my job and went for it.
Factors — Sarah
1. Ditching me violently to get a leg up in divorce coinciding with inheritance. Not seeing the girls for months.
2. Stating in presence of Beatrice ‘I’ll keep them until they are school aged.’
3. Screwing me out of fixing the house. Using her acquaintance to assist
4. No consultation, no notice, keeping control then long after sending me the bill.
5. Lying about her financial position. Repeatedly misleading
6. Calling child services before Halloween. Misleading the court about its timing and obvious motive.
7. Blaming me for Aubrey’s head trauma and getting away with it. (Falling at McDonald’s.) sort of.
8. Deciding to alter radically my time w/kids just before Chloe’s first day at school. Just because. Nine months it took court to repeal that.
9. Posing as a community relations person instead of P.R. Using skill to falsely portray Chloe at Willows and switch school against my wishes.
This was the last straw. I quit my job and went for it. There is so much more but you get it.
Betrayed, bullied, and miscast I set out to leave with the kids. I love you and [he names his sister’s child] but I thought it better for myself and kids to escape. Things were getting worse not better. Sarah’s empowerment unchecked.
— Was never the best for taking photos and even fewer survive due to limit space on memory stick.
More exist on phone.
[The letter then gives the password for his phone, internet, Google and bank account.]
Don’t forget mom attempted to link (her child) with sexual abuse complaints on my kids. These are unsavoury people who are clever and manipulative. Please influence my girls to tell it like it is. They had two rules. listen to me and protect your sister.
They are ruthless — Mom plus Sarah.
I love you very much. [Two other people are named.]
My girls — I gave all my spirit and soul when we were together. Adventure — seek adventure. Love doesn’t begin to describe it.
Anyway love and tenderness Andrew
In the bottom right corner of the note is a heart shape. The names Chloe Coco and Aubzy Wabzies are contained within the heart.
