A forensic scientist who processed the scene where the bodies of two little girls were discovered on Christmas Day 2017 said he saw no signs of forced entry into the Oak Bay apartment.
Andrew Berry, 45, is on trial for the murders of his daughters Chloe, 6 and Aubrey, 4.
On Thursday Const. Andrew Harward of the Saanich Police Department told the jury how he found out about the double homicide when asked by Crown Attorney Patrick Weir.
When his boss, Sgt.Michael Duquette, who called him on December 25, 2017, Harward thought he was calling to wish him a Merry Christmas.
“It wasn’t a Christmas greeting, in fact … we would go to the scene of a double homicide.”
Harward learned that he would be the primary identification officer on the case, holding him accountable for all decisions related to the forensic processing portion of the investigation.
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He didn’t go to the Beach Drive apartment until December 26, after being briefed with other officers, including Duquette, and given a search warrant.
He arrived that morning to work on the scene with Duquette. When Harward looked at the exterior of the building for himself, he saw no signs of leverage or problems with the door frame, which was on the northwest side of the house. He also said he saw no signs of forced entry at the south entrance or at the entrance from the carport. “When I arrive on site, I look for signs of forced entry on the door. And that can be lever marks, they can be footprints, they can be anything like that, I saw no signs of forced entry from outside, “he said, adding that he” saw no apparent blood on the exterior of the building . “
Harward said Duquette entered Unit 103 in front of him with a VCR – walked from room to room and videotaped an overview of the scene. Harward followed him and took “full shots” to create a record of the unit as it was when it arrived. He watched the suite front door for signs of forced entry and said again he had not seen any.
“While you were taking photos of your exterior shots, did you see anything that suggests further investigation outside of the suite is needed?” Asked Weir.
“No,” replied Harward.
“Can you tell us what kind of things would lead you to believe that further investigation outside of the suite might be needed?”
Harward said, “If I had seen a pry on the front door, I would have taken a closer look at the front door. Much of the evidence I find on the break and on entering is usually at the entry point. “
While officers processed the scene, Chloe and Aubrey’s bodies were still in their beds, where they had been discovered the day before.
Harward walked into Aubrey’s room and noticed blood on the bed, on the walls, on the floor, and splattered over the horizontal blinds, which he said were not broken or deformed.
“Why are you looking at the window area?” asked Weir.
“I’m still at that point trying to see if there’s an entry point into the suite,” said Harward. “If the door shows no sign of forced entry, look at the windows.”
Harward testified that as he further edited the scene, he found that the windows in the suite – one in each bedroom, one in the living room, and one in the dining area – were in a “locked position” with the levers down.
A window in the kitchen dining area faced a path south, and a number of small objects, including a snowman figure, stood undisturbed on the threshold.
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Harward was satisfied with his examination of the inside of the windows and said he had not examined the exterior of the windows.
Harward said he did not wipe off every blood sample or “pink floats” in the hallway that first responders brought there. He did not wipe the carpet at the entrance, where he said there may have been cross-contamination from the number of first responders who were on site the day before. And since there is no information that anyone has escaped from the scene, Harward has not cordoned off any areas outside the apartment building for editing.
Harward told the courtroom that based on his assessment of the entry points, he did not believe that any fingerprints other than Berry, Aubrey, or Chloe would be found on the scene.
Cross-examination of Const. Harward continues Friday morning.
nina.grossman@blackpress.ca
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