Sarah Cotton with her daughters Chloe (left) and Aubrey (right) taken in October 2017. (Photo Ryan MacDonald Photography)

Girls’ dad wouldn’t communicate, B.C. mom tells murder trial into their deaths

Defence lawyer Kevin McCullough continued his cross-examination Tuesday of Sarah Cotton

A mother whose two young daughters were found dead in their father’s Vancouver Island apartment has testified she was “very upset” with a court decision that granted him joint custody.

Defence lawyer Kevin McCullough continued his cross-examination Tuesday of Sarah Cotton, the mother of Chloe Berry, 6, and Aubrey Berry, 4, who were found dead in Oak Bay on Christmas Day in 2017.

The girls’ father, Andrew Berry, has pleaded not guilty to two counts of second-degree murder. The Crown has argued he stabbed his daughters dozens of times before attempting to kill himself.

McCullough asked if Cotton was “very upset” with the custody decision in May 2017 that allowed Andrew Berry access to their daughters 40 per cent of the time and she replied that she was.

“I was also very concerned about the schedule that was put in place for them because it was too much back and forth,” Cotton told a B.C. Supreme Court jury.

READ MORE: Mother of girls killed in father’s Oak Bay home testifies in double murder trial

The court has heard the couple met while working at BC Ferries and began dating in 2009. They were living with their two young daughters as common-law spouses in September 2013 when Cotton called police alleging she had been assaulted by Berry.

A criminal assault charge against him did not proceed and he instead signed a peace bond that meant he was to have no contact with Cotton except in relation to their daughters, the court has heard.

Cotton later called the Children’s Ministry twice saying that Berry had sexually touched Aubrey, but police found no evidence the touching was sexual or criminal in nature.

Cotton rejected McCullough’s characterization of the incidents as her making “allegations” of sexual touching.

“I wouldn’t say I made allegations. I reported what my daughter told me because I had the responsibility to,” she said.

The parents entered into custody proceedings in 2016 and a May 2017 decision awarded Berry significantly more parenting time than he had previously. Cotton has testified she was shocked by the decision.

McCullough read texts and emails between the parents from June through October 2017 that he said suggested co-parenting was going “very well” and that they were regularly speaking in person.

Cotton repeatedly clarified his assertions, saying that all their communication took place in text messages, emails and brief phone calls.

“Andrew would not communicate with me face to face,” she said.

The messages focused on parenting matters such as picking up and dropping off the girls, their daily activities, occasional illnesses and school lunches.

Cotton said that it was difficult to read into text messages and the exchanges were not “pleasant,” but were “amicable” at one point. She also said some messages appeared to be missing from the court’s record.

In response to McCullough’s suggestion that they were “co-parenting very well,” Cotton replied with a shrug, “We were co-parenting.”

The court has heard that Cotton went to the Oak Bay police detachment on Dec. 25, 2017, after Berry failed to return their daughters as required.

Crown lawyer Clare Jennings has told the jury that police went to his apartment and found Chloe and Aubrey dead, lying on beds in separate bedrooms with multiple stab wounds.

Police found Andrew Berry naked in the bathtub with a black eye and stab wounds to his neck and throat, and he told first responders, “Kill me,” and “Leave me alone,” Jennings has said.

McCullough has argued that the first police officer who responded to the scene made a mistake by leaving the apartment door unattended for about five minutes. The officer testified that he did not know whether anyone had left the suite during that time.

The defence lawyer has also questioned Cotton about an email she sent to a friend in May 2017, in which she said she was worried people may be “after” Berry due to his gambling debts.

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Securing Olympic spot the latest test for Canadian softball squad at Surrey tournament

Softball hasn’t been included in the Games since 2008 when Canada finished fourth in Beijing

South Surrey-White Rock candidates weigh in on SNC-Lavalin affair

Polls show support for top federal parties even after ethics report

City Dream Centres hands out 1,000 backpacks at back to school event in Surrey

This is the fifth year the charity is hosting the event in the city

UPDATE: Two men injured in north Surrey shooting

Police say the incident was targeted, may be linked to drug activity

VIDEO: B.C. Mountie killed by drunk driver honoured by memorial playground

Sarah Beckett Memorial Playground opens with ceremony in Langford

B.C. RCMP plane chases fleeing helicopter as part of major cross-border drug bust

The helicopter eventually landed at a rural property near Chilliwack

Border crossings across Lower Mainland seeing lengthy delays

Sumas, Peace Arch and Surrey-Blaine border crossings seeing long wait times

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

PHOTOS: Brazil military begins operations to fight Amazon fires

Amazon fires have become a global issue, escalating tensions between Brazil and European countries

Racist confrontation in Richmond parking lot caught on camera

Woman can be heard yelling racial slurs, swear words at woman in apparent parking dispute

Groups ready campaign to help young voters identify ‘fake news’ in election

The media literacy campaign to focus on identifying misinformation and suspicious sources online

Big rally in northern B.C. draws attention to continuing lumber crisis

Mayor Joan Atkinson says about 400 workers have been directly affected by the closure of the Canfor mill

Orangeville Northmen take Minto Cup at Langley Events Centre

Swept best-of-five series 3-0 over Victoria Shamrocks

Most Read

l -->