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
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Cozy up to all the holiday classics, like
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favorite devices. While in plan streams
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and standard definition programming subject to change, fees, terms,
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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
Slator explained. "'I thought
27:16
the first thing we could do is just open the church
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
52:44
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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