Crown questions truth of Andrew Berry's testimony at 2nd-degree murder trial
Published Monday, August 26, 2019 9:17AM PDT
Last Updated Monday, August 26, 2019 6:37PM PDT
A Crown prosecutor questioned the veracity of a key part of Andrew Berry’s testimony during the second full day of cross examination at his second-degree murder trial.
Patrick Weir suggested to Berry that Paul, the loan shark to whom he testified he owed $25,000, doesn’t exist, and neither do Paul’s two henchmen, who Berry said visited his home with bags he assumed contained drugs.
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Berry disagreed with the suggestion.
Berry has pleaded not guilty in the deaths of his two daughters, four year-old Aubrey and six year-old Chloe, whose bodies were found in their beds in his apartment on Christmas Day 2017. A pathologist testified they had both been stabbed multiple times.
The Crown’s theory is the children were killed on the morning of Dec. 25. Berry testified he and the girls went out sledding that day, and when they finally returned home, he was stabbed by an unknown attacker.
Berry also previously testified about his longtime gambling habit, and how he spent tens of thousands of dollars at the casino and on sports betting. He told the jury when he couldn’t pay the loan shark back right away, he agreed to store bags for him. He testified the first time Paul’s men came by around supper time, the girls were at his place.
Weir asked Berry if it didn’t occur to him that the girls should have “zero part” of the situation. Berry replied in hindsight, yes, but at the time he was thinking it wouldn’t be a big deal.
Weir: “In hindsight, that was potentially very, very dangerous.”
Berry testified his daughters were watching a movie with TV trays in front of them, and stayed there throughout the time the men were in his apartment. He told the jury he was later asked by Paul to provide a spare set of house keys, which he did without asking why.
Weir: “Surely it must have seemed a very strange request.”
Berry: “It was.”
Weir asked Berry if he thought about how that decision would affect the safety of the girls. Berry said no, later telling the jury: “I’m just not that bright.”
Weir also challenged Berry’s testimony about trying to kill himself in late November, suggesting Berry never tried suicide before Dec. 25. Berry disagreed.
Weir asked Berry about a note which he testified he wrote to his sister before the November suicide attempt, and was later found in his apartment. Berry agreed with a crown suggestion he wanted his sister to blame his mother and his ex.
Berry takes no personal responsibility for where he ended up in his note, Weir said. Berry agreed, but said he does in his heart and mind. When Weir suggested not taking responsibility was a common theme for Berry in November and December of 2017, Berry said he didn’t know and then questioned what Weir meant.
Weir also suggested Berry wrote the note because he had no prospects, and was facing homelessness and being without the girls, and asked if Berry agreed. He said no.
Weir: “Why wouldn’t you throw it out?”
Berry: “ I don’t know.”
Cross examination of Berry is scheduled to continue Tuesday.