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236: Chloe & Aubrey Berry

236: Chloe & Aubrey Berry

Released Monday, 25th December 2023
 1 person rated this episode
236: Chloe & Aubrey Berry

236: Chloe & Aubrey Berry

236: Chloe & Aubrey Berry

236: Chloe & Aubrey Berry

Monday, 25th December 2023
 1 person rated this episode
Rate Episode

Episode Transcript

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0:00

While many kids are making their holiday

0:02

wish lists, the patients at Nationwide Children's

0:04

Hospital are simply wishing they could be

0:06

home. But you have the power to

0:08

make their stay a little brighter. The

0:11

moment you make a donation, the butterflies

0:13

on the lawn at Nationwide Children's light

0:15

up for our patients to see. And

0:17

that gift brings joy, funds research,

0:20

and the world's finest care. Please,

0:23

light up the lawn. Light up a life.

0:26

Give now at

0:28

nationwidechildrens.org/give. Give

0:31

me USAA insurance for veterans like

0:33

James. When he found out out how

0:35

much USAA was helping members save, he said,

0:37

this time a switch. We'll help you

0:40

find the right coverage at the right

0:42

price. USAA, what you're made Of of or

0:44

made for It's They

1:00

were very, very sweet

1:03

little girls. And

1:22

the last time I saw little Aubrey,

1:25

she was missing her two front teeth.

1:30

On the 25th of December, 2017,

1:35

Beach Drive and Goodwin Street in Oak Bay,

1:37

Victoria, Canada, buzzed with the spirit of Christmas.

1:40

The homes and apartments were aglow with

1:43

festive cheer from decorated Christmas trees,

1:45

windows shimmering with twinkling lights, and

1:48

even the presence of illuminated Santas and

1:50

candy canes. Later

1:52

on, however, the atmosphere

1:54

in the neighborhood was a little different. took

2:00

an unexpected turn, as the festive

2:03

lighting was replaced by jarring flashing

2:05

lights from police vehicles swarming the

2:07

area. Oak

2:21

Bay is a seaside community of

2:23

around 20,000 in the Greater Victoria

2:25

area of Canada. Sarah

2:28

Cotton called Oak Bay home, and in

2:31

2009 she crossed paths with a man named

2:33

Andrew Berry. They

2:35

were both working at BC Ferries, a

2:38

publicly owned ferry service that

2:40

provided transport between the mainland

2:42

and various coastal islands. Before

2:46

that, Sarah had gained experience as an intern

2:48

at the University of Victoria,

2:51

and later worked in communications at

2:53

Thornton Group. Their initial

2:55

connection blossomed into a family with

2:57

the birth of two daughters, Chloe

3:00

in 2011 and Aubrey in 2013. However, despite a

3:02

promising start, Sarah and Andrew's relationship

3:09

eventually took a dark

3:11

turn. The

3:13

turbulence began to surface shortly

3:15

after the tragic death of

3:17

Sarah's father in 2013. Andrew's

3:21

behaviour became increasingly problematic. Marked

3:24

by frequent outbursts, unverbal

3:26

abuse directed at Sarah. These

3:30

instances of aggression escalated,

3:33

leaving Sarah veiling vulnerable and bereft

3:35

of the protection she once relied

3:37

upon. During one

3:39

heated argument over the family's universal

3:42

child care benefit, Andrew

3:44

threatened to blow up the house. The

3:48

strain on their relationship manifested in

3:50

Andrew's erotic and dangerous behaviour, especially

3:53

when he became angry. He

3:56

would drive recklessly in speed, even

3:58

when their young daughters were passengers in the

4:00

car. The once

4:02

promising marriage had devolved into a

4:05

tumultuous and unsafe environment for Sarah

4:07

and her children. After

4:09

a couple of months, Sarah reached a breaking point,

4:12

and she decided to end the relationship

4:14

with Andrew. Things

4:16

came to a head on the day that he was scheduled

4:18

to move out of the family home. Sarah

4:22

was alone in the bedroom, when Andrew burst

4:24

in and pinned her to the bed, holding

4:26

her down by her wrists. Once

4:30

Sarah broke free, she grabbed her cell phone

4:32

and called police. He arrived

4:34

promptly and arrested Andrew. Sarah

4:37

obtained a restraining order that kept him

4:40

from contacting her or the girls. After

4:43

Andrew moved into his own apartment, Sarah

4:46

and the girls continued with life. Sarah

4:49

assumed the role of a single mother,

4:51

shoring her two girls with affection and

4:54

dedicating all of her time to them. This

4:57

routine persisted for three months, before

5:00

a peace bond was amended, allowing

5:02

Andrew supervised visits with Chloe

5:04

and Aubrey. However,

5:07

the subsequent years brought forth challenges

5:09

surrounding child support and the

5:11

co-ownership of their home. Despite

5:14

a court order mandating child support

5:16

payments, Andrew refused to

5:18

comply for two years. Eventually,

5:21

Sarah was granted the opportunity

5:23

to acquire Andrew's $60,000 share

5:25

of their home for approximately $20,000,

5:29

with the judge taking into account the outstanding

5:31

child support that he owed. The

5:34

situation took an even darker turn when

5:37

Sarah discovered a soft spot on Aubrey's

5:39

head after her return from

5:41

her father's care. Another

5:43

time, Aubrey reported that her

5:46

father had inappropriately touched her genitals.

5:50

These alarming revelations triggered an

5:52

investigation by the Ministry of

5:54

Children and Family Development into

5:56

Andrew's conduct. with

6:00

Chloe and Aubrey were supervised,

6:02

and ministry officials recommended that

6:04

he undergo parenting classes. However,

6:08

they found no evidence that the touching

6:10

was sexual or criminal in nature.

6:13

The custody battle reached its climax when

6:15

it went to trial towards the end

6:18

of 2016. Sarah expressed

6:20

concerns about Andrie's ability to properly care

6:22

for the girls, accusing him

6:24

of once leaving one of them in a

6:26

stroller in a public place a short distance

6:29

from his vision. She

6:31

also alleged that he spoke negatively about her

6:33

to their daughters, and cited

6:36

Aubrey's claims of inappropriate touching. In

6:40

response, Andrie vehemently denied the

6:42

accusations, testifying that

6:44

he had tickled Aubrey rather

6:46

than engaged in inappropriate touching.

6:49

The courtroom became a battle ground for

6:52

conflicting narratives, each side presenting

6:54

their version of events in

6:56

a bid to determine the future of

6:58

the family dynamic. Justice

7:00

Victoria Gray delivered the final ruling,

7:03

awarding majority custody to Sarah, while

7:06

Andrie was granted intermittent custody on

7:08

a 14-day rotating schedule.

7:11

This schedule included overnight stays on

7:13

weekdays and weekends, as well

7:15

as almost every other holiday. In

7:18

making the announcement, Justice Gray acknowledged,

7:21

the father is a loving father who has

7:23

much to offer his daughters. However,

7:25

she voiced concerns about Andrie's care for the

7:27

girls, citing the accusations made

7:29

by Sarah. Justice Gray

7:32

further remarked, Andrie has

7:34

displayed her judgment in dealing with the children.

7:37

This is included saying negative things to

7:39

the girls about the mother, touching

7:41

which led to the MCFD investigation,

7:43

and his present arrangement of sometimes

7:45

sleeping together with one or more of

7:47

the girls. Despite

7:50

these concerns, the judge ultimately

7:52

concluded that Andrie's aggressive behaviour

7:54

was transient and relatively minor.

7:58

Justice Gray's decision was grounded in in

8:00

the assessment that Chloe and Aubrey

8:02

were generally happy and healthy. She

8:06

believed that their well-being would be enhanced

8:09

by maintaining a relationship with their

8:11

father through scheduled visits. The

8:14

judge sought to strike a balance between

8:16

recognizing Andrie's positive qualities as a parent

8:19

and addressing the valid concerns raised

8:21

about his judgment on behaviour in

8:24

caring for the girls. By

8:26

now Chloe was six years old while Aubrey was

8:28

four. Both were vibrant and

8:30

content little girls, each with

8:32

their unique personalities and interests. Chloe

8:35

was a grade one student at Christchurch

8:38

Cathedral School and she had recently developed

8:40

a passion for horseback riding, which was

8:42

being taught by her cousin. Her family

8:45

described her as remarkably wise,

8:47

clever and articulate, possessing

8:49

an open heart and a keen sense of

8:51

humour. Chloe was known

8:53

for her considerate nature and artistic flair.

8:57

As for Aubrey, she was in the

8:59

process of transitioning from toddlerhood to a

9:01

little girl, displaying burgeoning

9:03

self-assurance and determination. Described

9:06

by her family as a spirited and wild

9:09

child, Aubrey fond joy and silliness,

9:11

unraveling in her mother's make-up. In

9:14

her final year of preschool at St

9:17

Christopher's Montessori School, Aubrey had

9:19

recently taken on the role of

9:21

Gabriel the Angel in the Nativity

9:23

Pageant, showcasing her evolving confidence. Trisha

9:27

Lees, a friend of Sarah, fondly

9:29

said of the girls, They

9:31

were just full of energy, full of

9:34

smiles, full of giggles and very silly.

9:37

Like most little girls their age, they liked to

9:39

have lots of fun. Both

9:41

Aubrey and Chloe shared a passion

9:43

for art and enjoyed expressing themselves

9:45

through drawing. Their

9:47

sisterly bond was a source of joy for them,

9:50

providing constant companionship and

9:52

playtime. Family

9:55

friend Valerie Jerome recollected

9:57

to CBC. sweet

10:00

little girls and the last

10:02

time I saw the lobby she you know

10:04

was missing her tooth print teeth and she

10:06

was looking forward to going to kindergarten. I

10:10

saw them on the Labor Day

10:12

weekend before they started at their

10:14

new school. They were keen

10:17

about starting their new school. It

10:19

was just lovely to see

10:22

their joy. In the

10:24

aftermath of the separation, Sarah's

10:27

devotion to her daughters became even

10:29

more pronounced. Tricia

10:31

reflected on Sarah's maternal qualities,

10:33

stating, Sarah was just one of those

10:35

mothers who was born to be a mother and

10:38

did an exceptionally great job with them

10:40

in every possible way. Despite

10:42

the challenges, the resilient bond between

10:45

Sarah and her daughters always

10:47

shone through. According

10:53

to the custody agreement Chloe and Aubrey

10:55

were to spend Christmas of 2017

10:58

with their father. On the evening

11:00

of December 21st, Sarah dropped

11:03

off the girls at their father's apartment on

11:05

Beach Drive and Goodwin Street. His

11:08

apartment was in a very desirable area,

11:11

just a stone throw from the marina

11:13

and overlooking the Pacific Coast. The

11:16

neighborhood was adorned with festive decorations

11:19

with twinkling lights on roofs, Christmas

11:21

trees visible through windows and

11:24

colorful candy canes displayed outside.

11:27

Despite the festive atmosphere, Andrew's

11:30

apartment was unusually dark. Pulling

11:33

up outside, Sarah wondered if Andrew was

11:36

home. Chloe

11:38

reassured her, explaining that the

11:40

lights were always off at their father's place.

11:44

Turning to her mother, she cheerfully said,

11:47

we use flashlights. It's just

11:49

like camping. Aware of

11:51

Andrew's financial struggle since leaving his

11:53

job in May, Sarah wondered whether

11:55

the electricity had been disconnected. It

11:58

decided not to bring it up. Chloe's

12:01

comment lingered in her mind, and

12:04

she considered discussing it later, not

12:06

wanting to spoil Christmas. She

12:09

made a mandolin note to address it at a

12:11

more appropriate time. Sarah

12:14

bid farewell to her daughters, reminding

12:16

them to be on their best behavior,

12:18

before returning home alone to

12:20

finalize the touches for Christmas Day. Step

12:27

into the new year with a resolution

12:29

to declutter and organize, and let Smart

12:31

Labels be your guiding light. Say

12:33

goodbye to the chaos of misplaced items

12:36

and tangled messes. Welcome

12:38

a world of order and deficiency

12:40

with their cutting-edge app and QR

12:42

labels. Simply purchase

12:44

their color-coded Smart Labels

12:46

from their website, qrsmartlabels.com,

12:49

Amazon or Walmart. Then

12:51

download the Smart Labels app from the

12:53

Apple App Store or Google Play to

12:56

effortlessly create a digital inventory of each

12:58

box. No more

13:00

lost moments searching for that one item

13:02

you know you packed away somewhere, and

13:04

ensure that your new year's resolution to

13:07

be more organized becomes a reality. Embrace

13:10

the future of streamlined living,

13:12

where technology meets tidiness. Make

13:15

sure to click the link in my

13:17

show notes to simplify your storage organization

13:19

today. While

13:23

many kids are making their holiday wish

13:25

lists, the patients at Nationwide Children's Hospital

13:27

are simply wishing they could be home.

13:29

But you have the power to make

13:32

their stay a little brighter. The

13:34

moment you make a donation, the butterflies on

13:36

the lawn at Nationwide Children's light up for

13:38

our patients to see. And

13:41

that gift brings joy, funds research,

13:43

and the world's finest care. Please,

13:46

light up the lawn. Light up a life.

13:49

Donate now at nationwidechildrens.org. Sometimes

13:53

during Christmas, something magical happens.

13:56

Hey, Cricut customers! The Max with Ads plan is included

13:58

with the Cricut $60 Unlimited Plan at

14:01

no additional cost. And this holiday season, Max

14:03

is the one to watch when you're feeling

14:05

festive. Son of a nutcracker!

14:07

Cozy up to all the holiday classics, like

14:10

Elf, 8-Bit Christmas, and the Harry Potter 8-Film

14:12

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14:16

favorite devices. While in plan streams

14:18

and standard definition programming subject to change, fees, terms,

14:21

and restrictions apply. See cricutwireless.com for details. The

14:24

plan was for Chloe and Aubrey to spend time

14:26

with their father, Andrew, until noon on

14:28

Christmas Day, after which he

14:30

would return them to Sarah. The

14:34

next morning, however, Sarah found

14:36

herself making an unplanned visit back

14:38

to Andrew's apartment. Chloe

14:40

had left behind her favorite stuffed toy,

14:43

Lami, and Sarah drove over to

14:45

return it. Parking

14:48

outside the apartment, she

14:50

gently tapped on the window. Chloe

14:53

and Aubrey's faces appeared through the blinds,

14:56

welcoming their mother with smiles. Sarah

15:00

recollected. Chloe had

15:02

a dragon costume on. It had a tail.

15:05

I told them that I loved them and I hugged them.

15:08

As Christmas dawned, Sarah awoke in her

15:10

empty home, eagerly counting down

15:13

the moments until her girls returned. Their

15:16

Christmas presents were wrapped and waiting for

15:18

them underneath the Christmas tree, while

15:20

their stockings were filled to the brim with

15:22

gifts. Anticipating

15:25

Chloe and Aubrey's arrival at noon,

15:27

and her parents, Brenda and Malcolm,

15:30

joining at 2pm, Sarah's excitement

15:32

was palpable. However,

15:34

as noon came and went, Andrew

15:37

failed to appear with the girls. Sarah

15:40

frantically called and texted Andrew, but

15:43

her calls and texts went unanswered.

15:47

She then called his sister, but her

15:49

calls to Andrew also went unanswered.

15:53

Sarah's parents, Brenda and Malcolm, arrived at

15:55

2pm and it was decided that Sarah

15:57

and Brenda would travel over to Andrew's

15:59

apartment. Andrew's apartment. Sarah

16:02

speculated that Andrew was being difficult, just

16:04

for the sake of being difficult.

16:08

Malcolm stayed behind in case Andrew and

16:10

the girls returned. Upon

16:12

arriving at the apartment, Sarah and Brenda knocked

16:14

on one of the front windows, expecting

16:16

to see the girls' faces pop up behind

16:19

the blinds. However,

16:21

the apartment appeared to be eerily

16:23

silent. Spanning

16:26

out to parks and recreation centres

16:28

and leaving unanswered voicemails,

16:31

Sarah and Brenda's

16:33

desperation grew. Returning

16:35

to the apartment, they sought information from

16:37

a neighbour who had heard the girls

16:39

earlier but had noticed silence

16:41

since. According

16:43

to another neighbour, loud crashing

16:46

noises and thuds could

16:48

be heard coming from the apartment that morning.

16:51

Panic set in and without hesitation,

16:54

Sarah and Brenda reported

16:57

the girls missing. Constable

17:00

Peter Ullinowski from Oak Bay was

17:02

the first to arrive outside Andrew's

17:04

apartment after Sarah reported Chloe and

17:06

Aubrey missing. He

17:08

too knocked on the front door but there

17:11

was no response. Turning

17:13

the handle, he discovered the door was

17:15

unlocked. Slowly opening

17:18

it, he found the interior shrouded

17:20

in darkness. With the flick

17:22

of a switch on his flashlight, Constable

17:25

Ullinowski illuminated a horrifying

17:27

scene. Blood smeared

17:29

across the walls and floor. When

17:33

he called out to Andrew and the girls, he

17:35

was met by silence. As

17:38

his flashlight swept across the rooms, he

17:41

spotted what appeared to be a small lifeless

17:43

form on one of the beds.

17:46

To start by the sight, he closed the door

17:49

behind him and called for backup. Moments

17:52

later, Sergeant Michael Martin, the

17:54

Constable's supervisor, arrived at the

17:56

apartment. In

17:58

shock, he believed he

18:00

saw a lifeless body in one

18:02

of the bedrooms. The

18:05

two entered the apartment together, with

18:08

Martin noting the pervasive darkness

18:10

illuminated only by the haunting traces of

18:12

blood that stood out with the bright

18:14

light from the flashlights. Upgrading

18:18

the incident from a code 3 to code

18:20

4, denouncing the severity, Martin

18:23

drew his firearm, uncertain of

18:25

what they were going to find inside. Bassing

18:29

the decorated Christmas tree, they followed one

18:31

of the trails of blood into the

18:33

bathroom. Shining

18:35

their flashlights into the pitch-black room,

18:38

they illuminated a bloody bathtub.

18:41

Lying naked in the bathtub was

18:44

Andrew, bearing stab wounds to

18:46

his chest and throat. His

18:49

chest was slowly moving up and down with

18:51

each laboured breath that he was taking. Martin

18:55

instructed Olinowski to stay with Andrew

18:57

while he continued his search. He

19:01

entered the master bedroom, where he found

19:03

a bed that was saturated with blood.

19:06

On top there was a small

19:09

figure with blood-matted hair and blood-stained

19:11

pyjamas. It was Chloe.

19:14

Desperately checking for a pulse, Martin found

19:17

none, and Chloe's cold stiff

19:19

body bore evidence of

19:21

lacerations and stab wounds. A

19:24

bloody baseball bat was entangled in her

19:26

blood-soaked hair. Radio

19:29

in dispatch, Martin reported a deceased

19:31

child and an injured man, urgently

19:33

requesting an ambulance. Continuing

19:37

his search, he followed the blood trail to

19:39

the second bedroom. During

19:42

the scene, he could see the blood was splattered

19:44

on the walls, the floor, and even

19:47

on the horizontal blinds. On

19:50

the bed lay Aubrey. She

19:52

was clad in blood-soaked pyjamas and she

19:54

wasn't moving. Like

19:57

her older sister, she displayed signs of

19:59

laceration. and stop wounds, her

20:02

body also cold and stiff. Martin

20:06

contacted this botch and said he would do a

20:08

second check of pulses, but

20:10

before he did Oak Bay Constable Sandrine

20:12

Perry arrived on the scene. She

20:16

offered to check the pulses and

20:18

as Martin later recollected, we

20:21

decided it was prudent to get a second

20:23

opinion. I was hoping I was

20:25

wrong. However

20:27

Martin wasn't wrong. Both

20:30

Chloe and Aubrey were dead and

20:32

far beyond resuscitation measures. Rigor

20:35

Mortis had already set in, indicating

20:37

they had been dead for some time. Andrew,

20:41

however, was still alive. In

20:44

the bathroom, first responders worked on him

20:46

with minimal lighting. They

20:49

noted chest wounds, a throat

20:51

wound and a large swollen eye. However

20:54

none of the injuries appeared to be

20:56

actively or profusely bleeding. There

20:59

wasn't enough room in the bathroom to tend to

21:02

Andrew, so paramedics planned on

21:04

bringing him out into the hallway. As

21:07

they carefully lifted him from the bathtub onto

21:10

a stretcher, he uttered, Kill

21:12

me, just kill me. The

21:15

apartment was shrouded in crime scene tape as

21:18

Andrew was transported to the hospital, accompanied

21:20

by Olinowski. Martin harbored

21:23

fears that Andrew might not survive the

21:25

journey and later remarked, Sometimes

21:28

when people pass away, they sometimes

21:30

do dying declarations. In

21:34

the early stages of the investigation, detectives

21:37

already had a theory. They

21:39

suspected that Andrew had taken the lives of

21:41

Chloe and Aubrey before attempting to

21:43

end his own. Simultaneously

21:46

Chloe and Aubrey were taken to

21:48

the medical examiner's office, where

21:50

an autopsy laid bare the extent of their

21:53

injuries. Chloe had suffered a

21:55

brutal blow to the head with a baseball bat,

21:57

fracturing her skull. She

22:00

was then subjected to twenty-six stab

22:02

wounds, some inflicted prior to

22:04

her death and others post-mortem.

22:08

Aubrey had endured thirty-two stab wounds, leading

22:10

to fatal bleeding. The

22:13

brutality of the crimes became starkly

22:15

evident as both girls had been

22:17

turned over at least twice by their killer

22:20

to inflict stab wounds on

22:22

both sides. At

22:24

the crime scene, detectives persisted in their

22:26

examination. Inside

22:28

the bathroom, a pair of jeans stiffened

22:31

with dried blood and a long-sleeved t-shirt

22:33

saturated in blood were discovered. In

22:36

Aubrey's bedroom, a black-handled knife

22:39

lay abandoned on the floor. Forensic

22:43

experts meticulously combed through the

22:45

apartment, grappling with the

22:47

overwhelming volume of blood. A

22:50

specialised team was summoned to navigate the

22:52

extensive blood evidence, uncovering

22:54

transfer stains, swiping wipe

22:56

marks, as well as finger marks

22:58

throughout the apartment. The

23:02

living room displayed a drip trail of blood, along

23:05

with twenty-one patterned sock to foot

23:07

transfer stains. In

23:10

the kitchen, swiping wipe marks adorned the

23:12

fridge, stove and a

23:14

select portion of the cabinet. Blood

23:17

was also found inside a kitchen drawer, indicating

23:20

that somebody with contaminated hands had

23:22

rummaged through it. The

23:25

evidence painted a vivid picture of

23:27

someone bleeding, moving methodically from room

23:29

to room, even pausing to sit

23:31

on beds in each bedroom before

23:33

resuming their morbid journey. Void

23:37

spaces of blood at the end of each

23:39

bed revealed where the fatal blows were inflicted

23:41

upon Chloe and Aubrey. Amidst

23:43

the chaos, a note in the living room caught

23:46

the detectives' attention, a glimmer

23:48

of normalcy. The

23:51

message innocently conveyed holiday cheer,

23:54

reading, Dear Santa,

23:56

Enjoy the bunny-crackers from Chloe, Aubrey

23:59

and Andy. Merry Christmas." Another

24:02

note from the girls offered Santa an unopened

24:04

toothbrush for after he ate the crackers.

24:08

In a different room, the discovery of a

24:10

suicide note in Andries handwriting, addressed

24:12

to his sister, revealed a

24:15

lengthy list of frustrations with their mother

24:17

and Sarah. It expressed sentiments

24:19

of feeling betrayed, bullied and

24:21

miscast, reading, I set

24:24

out to leave with the kids, I

24:26

love you and your children, but I

24:28

felt it better for myself and kids to

24:30

escape. Forensic

24:33

experts continued their investigation, revealing

24:35

no signs of forced entry in the

24:38

apartment. Despite

24:40

the bloody crime scene within, including

24:43

footprints, hand marks and finger marks,

24:46

there was an absence of blood outside.

24:49

The lack of blood on the door handle and

24:51

the absence of bloody footprints leading to the

24:53

front door contradicted the notion

24:56

that the killer had left the apartment.

24:59

The evidence within the apartment strengthens a

25:01

theory that Andrew had committed

25:03

the unthinkable. Detective

25:05

theorised that after attacking his daughter, he

25:08

retreated to the bathroom, shed

25:10

his bloodstained clothing, entered

25:12

the bath and then attempted to take his own

25:15

life. Simultaneously,

25:17

Andrew underwent surgery at the

25:19

hospital, but his injuries

25:22

weren't life threatening. Upon

25:24

awakening, he was guarded by detectives.

25:27

Never once enquired about his daughter's wellbeing

25:30

or questioned the events. During

25:33

a visit from his sister, he pointed to

25:36

his chest injury and uttered, I

25:38

did this. Following

25:40

his discharge from the hospital, Andrew

25:42

faced two counts of second degree

25:45

murder. Sarah

25:47

was already at the police station with her

25:49

parents when she was informed that her girls

25:51

had been killed. The

25:53

silence of the police station was shattered

25:56

by her deafening screams. She

25:58

later recollected of the moment that she had been killed. I

26:01

screamed like never before. I

26:03

was in such shock." The

26:05

family were seeking privacy and designated

26:07

Sarah's close friend Tricia as

26:10

their spokesperson. In

26:12

a public statement she announced, "'Sarah

26:15

has a couple of us that have been with her ever

26:17

since, taking care of her as best

26:19

we can. We are very grateful

26:21

for the remarkable outpouring of support from

26:23

everywhere.' While the family

26:25

grappled with their grief and seclusion, Christchurch

26:28

Cathedral School warmly welcomed parents,

26:30

children, and those connected

26:33

to Aubrey's preschool. Appointment

26:35

Condolate Vigil was organized to honor the memory

26:37

of the girls. Stuart

26:39

Hall, the school's head, expressed to

26:42

reporters, "'It's a terrible, deep, unjagged

26:44

tragedy that we're all facing.'" Despite

26:47

the holiday closure, the school took

26:49

proactive measures by arranging counseling services

26:52

to aid children and their families

26:54

in navigating the challenging grieving process.

26:57

Oak Bay United Church also extended a

26:59

supportive hand, with Reverend Michel

27:01

Slator announcing extended hours for the church

27:04

the following day. "'The

27:06

church became a haven for people

27:08

to gather, like candles, pray, or seek

27:11

solace in quiet reflection,' Reverend

27:13

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27:16

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27:18

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27:20

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Only a David's medal." In

30:08

response to the tragic double murder, the

30:10

district of Oak Bay orchestrated a candlelight

30:12

vigil at Willow's Beach on December 30th.

30:16

This beach held a special place in Chloe and

30:18

Aubrey's hearts, being their favourite

30:20

spot in the city, boasting miles of

30:22

pristine white sand where they enjoyed building

30:24

sand castles and playing in the water

30:26

with their mother on weekends. Around

30:29

2,000 residents came together to pay the

30:31

respects to Chloe and Aubrey, as

30:34

the First Nations drumming circle

30:36

provided a soulful backdrop well into the

30:38

night. Leading

30:40

the vigil, Hazel Braithwaite, acting

30:43

Mayor of Oak Bay, addressed the

30:45

crowd with somber sincerity, stating,

30:48

We have all been shaken by this tragic event,

30:51

not only here in Oak Bay but across our

30:53

city, our province and our nation.

30:56

Rev. Slater shared a heartfelt email

30:59

from Chloe and Aubrey's grandparents, Brenda

31:01

and Malcolm. In their

31:03

message, they expressed deep gratitude for the

31:05

overwhelming support extended to them and

31:08

Sarah during this desperate time. They

31:11

spoke tenderly of the girls, as the light

31:13

of their lives and a significant presence in

31:16

their extremely small family. The

31:18

letter extended thanks to everybody who had

31:20

forged wonderful friendships with the girls and

31:22

acknowledged the first responders at the crime

31:25

scene on Christmas evening. Following

31:28

the moving service, it was announced that a

31:30

scholarship fund had been established in Chloe and

31:32

Aubrey's memory. The

31:34

Chloe and Aubrey Berry Scholarship Fund was

31:36

created to provide support for scholarships at

31:39

Christchurch Cathedral School, where Chloe was enrolled

31:42

in Grade 1. As

31:44

the community grappled to make sense

31:46

of the tragedy, the investigation persisted.

31:49

Details of the custody battle began to emerge.

31:52

Prompting Bernard Richard, British Columbia's independent advocate

31:55

for children and youth, to announce that

31:57

his office was actively collecting information on

31:59

the information for a potential review.

32:02

The objective was to determine whether Chloe

32:05

and Aubrey had experienced shortcomings in

32:07

the child protection services. Simultaneously,

32:10

the Ministry of Children and Family

32:12

Development declared their commitment to conducting

32:14

a thorough review of their handling

32:16

of the case. Past

32:19

investigations into Andrew had occurred, triggered

32:22

by Aubrey's allegations of inappropriate

32:24

touching, and her return from

32:26

his care with a concerning soft spot on

32:28

her head. The

32:30

custody battle itself came under scrutiny

32:32

with Angela Marie McDougall from Battered

32:35

Women's Support Services, highlighting the need

32:37

for enhanced training to help judges

32:39

recognise the warning signs of family

32:42

violence. McDougall

32:44

emphasised the gravity of domestic homicide

32:46

as a predictable yet preventable crime,

32:49

attributing failure to take it seriously

32:51

to systemic issues of minimisation and

32:54

denial. She specifically

32:56

asserted that Justice Victoria Gray,

32:59

the judge overseeing the custody battle,

33:01

that downplayed the allegations against Andrew.

33:05

In contrast, Miriam Crissivo, President of

33:07

the Law Society of BC, held

33:09

a differing perspective. She

33:12

argued that the case was akin to the

33:15

thousands of disputes processed by the courts annually,

33:17

challenging the notion that it stood out as Chief

33:21

Justice Christopher Hinkson also spoke up in

33:23

defence of the judge. He

33:26

said he didn't think the evidence presented

33:28

during the custody battle could have suggested

33:30

that Andrew was likely to commit murder.

33:33

He pointed out that Justice Gray wasn't

33:36

responsible for assessing Andrew's fitness to visit

33:38

Chloe and Aubrey, but instead to

33:40

figure out the logistics around

33:42

shared custody. While

33:44

investigations and reviews continued, a public funeral

33:47

for Chloe and Aubrey took

33:49

place at Christchurch Cathedral, drawing

33:52

over 400 mourners. At

33:54

the front of the church, a photograph of the

33:56

sisters sat facing the pews surrounded by

33:59

floors. Those in

34:01

attendance wore pink and purple ribbons, the

34:03

girls' favourite colours. Sarasai

34:06

did the very front of the church, clutching

34:08

tightly to a tissue. The

34:11

clergy described the funeral as home of memory

34:13

and hope, but also acknowledged the anger

34:15

and pain of what had happened. The

34:18

girls' aunt Emma Cotten described them as

34:20

true angels, who would forever be

34:22

missed and loved. Following

34:25

the service, the mourners filed into the

34:27

Christchurch Cathedral School gym, where Chloe was

34:29

a student. Everybody

34:32

encircled Sarah, and they held her

34:34

close. In

34:36

the aftermath of the funeral, Chloe and Aubrey were

34:38

cremated. Detective

34:46

Twitley uncovered the stormy dynamics between

34:48

Andre and Sarah, along with the

34:50

ongoing custody battle. Delving

34:52

deeper into the investigation, a troubling

34:55

financial portrait of Andre emerged in the

34:57

lead-up to the tragic murder of Chloe

34:59

and Aubrey. Financial

35:01

wolves plagued Andre as he resigned from his

35:03

job at BC Ferries in May of 2017.

35:08

He found himself consistently falling

35:10

behind on rent payments and

35:12

grappling with utility disconnections by BC

35:14

Hydro. Compounding

35:17

his troubles was Andre's escalating gambling

35:19

addiction, which had its roots

35:21

in his days as a bellboy at Sutton Place,

35:24

a downtown hotel where he earned up to $200 in cash

35:27

per shift. Initially engaged

35:29

in Baccarat, a competitive card game,

35:31

Andre's approach shifted over time. Rather

35:35

than leaving when he lost, he

35:37

began borrowing money from fellow players,

35:39

earning him the nickname Almost, due

35:41

to his near misses when repaying

35:44

borrowed sums. Following

35:46

his separation from Sarah, Andre's gambling habits spiralled

35:48

out of control, and he was spending around

35:50

$3,000 a month just gambling. Despite

35:55

a momentary windfall of $100,000 in the fall of 2015. Andrew

36:00

lost the entire sum within a week. Desperate

36:03

for funds, Andrew allegedly borrowed

36:05

$10,000 from an individual named

36:08

Paul, but is mounting debt

36:10

snowballed, accruing interest as his loss

36:12

is escalated. At

36:15

the spring of 2017, Andrew

36:17

allegedly found himself owing Paul a

36:19

staggering $25,000, leading

36:22

him to consider cashing in on his pension to

36:25

settle to death. Getting

36:27

his job at BC Ferries became a

36:29

necessary step to access his pension, exacerbating

36:32

Andrew's financial strain. With

36:36

his visa and line of credit maxed

36:38

out and his bank accounts in perpetual

36:40

overdraft, Andrew resorted to

36:42

asking neighbours for food, citing

36:44

an inability to afford meals for his

36:46

daughters when they came to visit. Around

36:50

a month before the tragic stabbing of Chloe

36:52

and Aubrey, Andrew took an

36:54

even darker turn, actively

36:57

searching for suicide methods, signalling

36:59

a troubling escalation of his despair.

37:03

Detectives believed that somewhere along the way,

37:05

the girls became part

37:07

of Andrew's suicide plot. In

37:10

March it was announced that the murder case

37:12

would forgo preliminary hearings, proceeding directly

37:15

to the Supreme Court. As

37:18

the months passed, the approach of Christmas 2018 loomed steadily. On

37:23

the anniversary of the girls' murder, Sarah urged

37:25

everyone to concentrate on their light, rather

37:28

than the darkness surrounding their deaths. In

37:32

a statement to Black Press, she expressed, In

37:34

looking ahead to Christmas, I want to find

37:36

a way to remember and celebrate Chloe and

37:38

Aubrey and the joy and love they brought all

37:41

of us. It

37:43

remarked the commencement of jury selection for

37:45

the murder trial, culminating in the

37:47

finalisation of the jury on the 16th. During

37:51

opening statements, prosecutor Claire Janings provided the jury

37:53

with a detailed overview of what to expect

37:56

during the trial. outlined

38:00

a deteriorating relationship between Andra

38:02

and Sarah, highlighting Andra's financial

38:04

struggles leading up to the double murder.

38:08

Furthermore, she revealed that Andra had

38:10

been researching suicide methods just a

38:12

month prior to the tragic events.

38:16

The trial's first witness, Constable Peter

38:18

Olinowski, the initial officer at the

38:20

scene, testified. Following

38:23

his account, defense attorney, Kevin

38:25

McCulloch, accused detectives of mishandling

38:27

the case. McCulloch

38:30

argued that they exhibited tunnel vision, solely

38:33

focusing on Andra as the killer. He

38:37

suggested that Constable Olinowski's decision to leave

38:39

the apartment to wait for backup was

38:41

a mistake, contending that

38:43

the real killer might have escaped during

38:45

that interval. The

38:48

defense hadn't presented any opening statements, but

38:50

it quickly became apparent that their

38:53

defense was that Andra was innocent.

38:57

Defense attorney McCulloch suggested it would have

38:59

taken somebody seconds to leave through a

39:01

back exit door, while the

39:03

Constable stood outside. His

39:06

testimony was followed by Sergeant Michael

39:08

Martin, his supervisor. He

39:10

was asked by prosecutor Patrick Ware if

39:13

he thought about freezing the crime scene until

39:15

obtaining a warrant. He

39:18

said no, but then said yes, but

39:20

added he didn't think that it was a prudent thing

39:22

to do in responding to the call. He

39:25

testified that his priority upon his arrival at

39:27

the apartment was to get in as fast

39:30

as possible and render assistance to anybody who

39:32

may have needed it. Brad

39:35

Trenholm of the Oak Bay Fire

39:37

Department testified next. He

39:39

said that he knew the call would be traumatic as soon

39:41

as it was engaged, but he had

39:43

no memory of forming conclusions about what happened

39:45

while at the apartment. He

39:48

emotionally told the jury, I

39:50

can't remember most of the night, to be honest. I

39:53

don't know if that's from the nature of the call. With

39:56

children involved, it's quite traumatic. He

40:00

testified that his paramedics worked on Andrew in

40:02

the bathroom. He asked them to kill

40:04

him. After

40:07

testimony focusing on the crime scene, Defense

40:09

Attorney McCulloch made reference to another crime

40:11

that happened on the 25th of April

40:13

2017. A

40:17

woman was stabbed and slashed around a

40:19

kilometer away from Andrew's apartment. Nobody

40:22

had been arrested in connection with it. The

40:25

defense attorney was evidently trying to hint that

40:27

the person who perpetrated that attack

40:30

may have perpetrated the double murder

40:32

of Chloe and Aubrey. Following

40:35

this testimony, the bloody pajamas that the girls

40:37

were wearing when they were killed were presented

40:39

to the courtroom. Chloe's

40:42

pajama shirt was so saturated in

40:44

blood that only a small dry

40:46

patch revealed the shirt's original light pink

40:48

colour. There

40:51

were puncture holes all across the shirt, including

40:53

the front, back and sides. Aubrey's

40:56

pajama shirt was also so stained

40:58

in blood that the original colour,

41:01

purple with white oils, was

41:03

indistinguishable. Her shirt had

41:05

stab wounds to the arms, the wrist and the

41:07

front and back. Andrew,

41:10

who was sitting alongside his defense team, burst

41:12

into tears, which resulted in

41:14

his defense attorney asking for a break.

41:18

On their return to the courtroom, more evidence from

41:20

inside the apartment was presented. The

41:24

jury heard about Andrew's blood-stained clothing found

41:26

in the bathroom and the lack of

41:28

a forced entry. Testimony

41:31

was also presented about the blood found inside the

41:33

kitchen drawer, while it was also

41:35

revealed that there were no bloody shoe prints in

41:37

the apartment, only bloody sock prints.

41:41

Sergeant Kimberly Tamblay testified about the

41:43

blood evidence telling the jury. Given

41:46

the blood evidence in each room, the spatter

41:49

stains as well as the drip stains

41:51

and saturation stains, I don't

41:53

know if I could say it was just one

41:55

individual or it was multiple individuals, given

41:57

that both rooms had similar characteristics.

42:01

After the forensic evidence was presented, Sarah

42:03

was called to testify. She

42:05

detailed the events leading up to the murders,

42:07

telling the court that she was so concerned

42:09

about the girl staying with Andre because he

42:11

had no electric or heat. After

42:15

dropping them off, she had sent Andre a couple of emails,

42:17

but he didn't reply to them. She

42:19

had an op that notified her when her emails were

42:21

read, and she testified that one was read

42:23

on the 21st of December,

42:26

but the rest were ignored. She

42:28

testified about the moment she learned her

42:31

girls had been killed before defence attorney

42:33

McCulloch read aloud texts and email exchanges

42:35

between Sarah and Andre. These

42:38

messages were all centered around arranging pickups,

42:41

drop-offs, and field trip preparations.

42:44

He said that they demonstrated a good

42:47

co-parenting relationship. Sarah

42:49

agreed, telling the courtroom, I

42:51

felt like it was in the best interest of the

42:54

girls to communicate as much as possible. When

42:57

she was asked whether Andre was trying his

42:59

best, she replied, I don't know,

43:01

you would have to ask him. During

43:04

cross-examination, Sarah spoke about the custody

43:06

agreement. Andre's

43:08

defence accused her of making up allegations

43:10

that he had inappropriately touched Aubrey.

43:14

She denied that she had, telling him

43:16

that she reported what Aubrey had told her

43:18

because it was her responsibility to. Following

43:22

her testimony, Vallee Travers took to the witness

43:24

stand. She lived above

43:26

Andre and testified about the noises she heard

43:28

coming from the apartment the morning the girls

43:30

were discovered dead. She

43:33

said that there were loud movements in the apartment,

43:35

but she didn't hear any screaming, nor did she

43:38

hear the girls' footsteps at all. During

43:41

the trial second week, a profound hush enveloped

43:43

the courtroom as Andre's defence

43:46

team presented their opening statements. It

43:49

was their case that the murders of Chloe

43:51

and Aubrey were connected to the substantial debt

43:54

that Andre allegedly owed to a loan

43:56

shark named Paul. Andre

43:58

assumed his place on the witness stand. He

44:01

adamantly asserted his innocence in the deaths

44:03

of Chloe and Aubrey, and denied any

44:05

attempt on his own life. Andrei

44:08

candidly unravelled the narrative of his gambling

44:10

addiction, exposing his alleged

44:13

financial entanglements with a man named

44:15

Paul. He

44:17

testified that he had asked Paul for an extension

44:19

to pay back the gambling debt that he owed.

44:23

According to Andrei, Paul said that there was a catch,

44:25

that he had to store a bag in his

44:27

apartment. In a calm tone

44:29

he said to the jury, I wouldn't

44:31

have to do anything, I wouldn't have

44:33

to say it, I wouldn't have to touch it. Under

44:37

the probing questions of defence attorney McCulloch,

44:40

Andrei speculated on the bag's contents,

44:43

leaning on common sense to suggest it's

44:45

likely a legal nature, possibly

44:48

involving drugs. According

44:50

to Andrei's testimony, in March two

44:53

young Asian men, one who

44:55

had a sleeve of tattoos, stowed the bag

44:57

in the top shelf with his closet. He

45:00

continued stating the buy-ate role the

45:02

bag was retrieved, yet despite

45:04

his efforts to scrape together funds

45:06

over subsequent months, it proved insufficient.

45:09

The funds Andrei managed to amass were

45:12

perceived as interest, leaving him burdened

45:14

with an additional $25,000 on top of the original death.

45:19

Andrei revealed that Paul once again requested

45:21

him to hold another bag, but

45:23

this time he had to surrender the keys to

45:25

his apartment. He

45:28

said that he didn't hear from Paul or

45:30

the other two men between the second backdrop

45:32

in November and Christmas Day. When

45:35

questioned about Paul, Andrei asserted his lack

45:37

of knowledge regarding Paul's surname, noting

45:40

only that Paul was a tall Chinese

45:43

man in his fifties. The

45:45

focus then shifted to the events of Christmas morning.

45:49

Andrei recounted that he and the girls had spent

45:51

several hours playing in the snow. Upon

45:54

their return to the apartment, he described the

45:56

process of removing Chloe and Aubrey's wet clothing

45:58

and dressing the him in their pajamas. However,

46:02

Andre said he then went into the bedroom.

46:06

He said that he was abruptly tackled onto

46:08

the bed, and then stabbed in the throat.

46:11

He vividly expressed the searing pain

46:13

coursing through his body before he

46:16

lost consciousness. Amidst

46:18

sobs, Andre emotionally testified, When

46:22

I wake up, I crawl over to Chloe's

46:24

bed and prop myself up onto my knees,

46:26

and I reach out and touch Chloe,

46:29

and she's dead, and there's blood everywhere.

46:31

There's just blood everywhere. According

46:34

to Andre, he then moved to the kitchen where

46:36

he grabbed a knife in an effort to defend

46:38

himself. However, he said that

46:40

he was over pared again, thrown to

46:42

the ground, and then stabbed once more. Andre

46:45

described the assailant to someone of similar height

46:48

with dark skin and dark hair, but

46:51

insisted it wasn't one of the individuals

46:53

associated with Paul or Paul himself. The

46:59

next memory I have is waking up in the

47:01

bathtub, surrounded by the son's police.

47:04

During cross-examination, Andre addressed the

47:06

suicide note discovered in the apartment.

47:10

He claimed that he wrote it back in November, revealing

47:12

that he had attempted suicide by hanging towards

47:14

the end of that month. The

47:18

prosecution asked Andre whether he was worried

47:20

about Chloe and Aubrey's safety when he

47:22

was storing what was presumably drugs at

47:24

his apartment. He

47:26

said in hindsight it was potentially very dangerous, but

47:28

at the time he didn't think that it was

47:31

a big deal. Prosecutor

47:33

Patrick Ware then posed the question which

47:35

had been on everyone's mind in the

47:37

courtroom. If Andre

47:40

Berry was genuinely innocent, why

47:42

had he not disclosed crucial information

47:44

to anyone immediately after the incident?

47:48

Not a single inquiry about the wellbeing

47:50

of his daughters was made during his

47:52

time at the hospital. Thought he'd imagine

47:55

the narrative of an intruder. Andre's

47:58

response was that he simply wished to be He left

48:00

alone to die. Following

48:03

Andrew's testimony, the trial concluded. In

48:06

his closing arguments, Defence Attorney Kevin

48:08

McCulloch emphasised the importance of reasonable

48:10

doubt and the presumption of innocence.

48:14

He repeatedly asserted that it was

48:16

the Crown's responsibility to conclusively prove

48:19

Andrew's guilt. McCulloch

48:21

contended, When you peel back the

48:23

onion on this case, the Crown

48:26

has not proven Mr. Berry's innocence beyond

48:28

a reasonable doubt. He

48:30

characterised the entire case as circumstantial,

48:33

emphasising that the only certain facts were

48:35

the location and timing of Andrew and

48:37

the girl's discovery. The

48:40

Defence pointed to the suicide note, arguing

48:43

that it demonstrated Andrew's concern for

48:45

his daughter's wellbeing. McCulloch

48:48

addressed the jury, That should leave

48:50

you with doubt. He was wanting to

48:53

make sure the girls were protected. The

48:56

Defence also touched on Andrew's research

48:59

into peaceful suicide methods, questioning

49:01

the logic of his injuries. The

49:04

prosecution led by Patrick Ware presented

49:06

a contrasting perspective. Prosecutor

49:10

Ware asserted that Andrew was responsible for

49:12

the murders, citing resentment towards

49:15

Sarah as the motive. He

49:18

suggested that, Facing the prospect

49:20

of losing custody of the girls due

49:22

to financial instability and a

49:24

hazardous living environment, Andrew

49:26

decided that if he couldn't have them, neither

49:29

could Sarah. The

49:31

prosecutor dismissed Andrew's claims of an

49:33

intruder, stating, Like

49:35

everything in his life, he wouldn't

49:37

accept responsibility. There was

49:40

no Paul, no dark-skinned

49:42

child murderer, itself

49:44

serving, illogical, and at some point

49:46

defies the laws of physics. Ladies

49:49

and gentlemen, this attack simply didn't

49:51

happen. After the

49:54

closing arguments, the jury deliberated for three

49:56

days before delivering a

49:58

verdict. found Andrew

50:00

Barry guilty on both counts of

50:02

second-degree murder. During the

50:04

sentencing phase which followed, Crown

50:07

Council Claire Jennings expressed uncertainty

50:09

about which daughter was killed

50:11

first. She suggested that

50:13

Andrew would have witnessed the consequences of

50:15

his stabbings before moving on to the

50:17

second daughter, indicating a

50:20

significant time-lapse. The

50:23

prosecution sought the harshest sentenced, while

50:25

the defence proposed 15-20 years. Before

50:29

the sentence was announced, Sarah delivered

50:31

a poignant victim impact statement, describing

50:34

the loss of her two daughters as an

50:36

enduring nightmare. The entire

50:38

courtroom was moved as she detailed the

50:40

profound effect on her family, including

50:43

her aunt's deterioration of cerebral

50:45

palsy from high-functioning to

50:48

bedridden. She said

50:50

that the girl's friends continued to

50:52

ask about them even two years

50:54

later. Andrew Barry was ultimately sentenced to

50:56

life in prison with a minimum term of

50:58

22 years. The

51:01

courtroom was stunned, with many feeling

51:03

that the minimum sentence fell far

51:05

short of justice. Andrew

51:08

Barry will be eligible for parole at the

51:10

age of 67, but Chloe

51:13

and Aubrey will forever remain

51:15

six and four in

51:17

the hearts of those who mourn their tragic loss.

51:20

On what should have been a day of warmth,

51:22

love and security, Christmas Day, Chloe

51:24

and Aubrey Barry found themselves in

51:26

the one place where safety should

51:28

have been unquestionable, their own

51:30

father's home. However, Andrew

51:33

Barry's life had been in a downward

51:35

spiral for some time, and

51:37

instead of get help, he exacted

51:39

revenge on their mother in the

51:42

worst imaginable way. Well

52:00

bestie that is it for this episode of

52:03

Morbidology. As always thank you so much for

52:05

listening, and I'd like to say a massive

52:07

thank you to my newest supporter up

52:09

on Patreon, Terry. As

52:12

you all know Morbidology is a one-woman

52:14

team so to support up on Patreon seriously

52:17

goes such a long way, especially as

52:19

we go into the new year where adverts

52:21

on the show are few and far between.

52:24

If you'd like to support the show up on Patreon the link

52:26

is in the show notes. In

52:28

exchange for your support I upload ad-free

52:31

and early release episodes behind the scenes

52:33

as well as bonus episodes of Morbidology

52:36

Plus that aren't on the regular podcast

52:38

platforms. If you'd like

52:40

to support the show in another way please consider

52:42

leaving me a rating and review on Apple

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Podcasts, Spotify or wherever else

52:47

you're listening. Remember

52:49

to check us out at morbidology.com for

52:51

more information about this episode and to

52:53

read our Trick Crime articles. Until

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next time take care of yourselves, stay

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safe and have an amazing week! I'm

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