2011.05.27 TRIAL Day Four (Morning Session)

[LancelotLink]

The moment this guy took the stand I knew I was gonna love him, and I was right!!! :great:

ITA! From his deposition, I had hopes he would be an excellent witness.

 

[Apex-mom]

instant reaction was 'whew i know what that smells like' !!

 

[mitzi]

My gosh...who could have predicted that the tow yard guy who has smelled decomp before, actually worked in waste management...LOL on the DT! Hi is an excellent witness...well-spoken, intelligent, etc.

 

[logicalgirl]

Yay Simon - the smell of decomposition is unique and quite different from the smell of any other kind of garbage! When he looked into the car and shielded his eyes from the sun - it was subtle but definitely triggered the thought it was decomp. But nothing was visible in the car.

 

[luv]

Casey is definitely giving this witness the "I am not pleased" glare.

 

[ebedeeb]

SB: Decomp is very very unique smell. Like nothing else.

Odor was consistent with his past experience with decomp, but because car was sealed, it was minimal and nothing inside the vehicle seemed strange.

 

[Chiquita71]

HHJP: excused. Next witness.

Simon Birch (he has an accent)

LDB: where do you live? Orlando?

2006 2009

LDB: how were you employed?

Johnson's wrecker service

(skip)

Gated at both ends with a chain link fence with barbed wire.

LDB: did you live on the property?

they whole time I was there, I lived on site.

LDB: did Johnson's receive a pontiac sunfire on june 30th of 2008 from amscot?

yes ma'am

LDB: may I approach with a stipuation?

HHJP: you may

LDB: at this point may we announce the stipuation

HHJP: the stipuation states june 30th 2008 Johnson's Towing towed a Pontiac Sunfire from Amscot. These records are a true and accurate representation and should be considered true in your deliberations.

LDB: I will show you what has been marked(approaches the witness)take a look at the documents inside and tell me if you recognize them.

Witness is reviewing documents. He put on his reading glasses.

yes ma'am the impound sheets, the tag total who was the owner...that is the tag taulk...the records that come back through OC who the registered owner is...we send this to OC so they know we have the car and that is mr anthony's id so he could get back the car.

HHJP: any objections? It will be received into evidence.

LDB: when you receive a car or this car in particular what action is taken?

the car is stored when the driver brings it in they get paper work...

LDB: when the tow truck driver?

yes, license plate, location and he turns that paperwork into the facility as the car is unloaded and we then do the tag taulk and the paper work is put into the daily files.

LDB: is there a specific location where cars are stored?

yes

LDB: difference between private tow or LE tow?

yes, depending on what dept had it towed due to amount paperwork marked accordingly and stored accordingly to their own locations.

LDB: I am going to show you LG for indentification. What is it we are looking at?

Storage facility at narcusy road.

LDB: since then there has been work done on narcusy road?

yes, minor changes the fence was brought back about a hundred two hundred feet.

LDB: as a result of the widening of narcusy road is this a true and accurate reprensentation of Johnson's

yes

HHJP: entered into evidence

LDB: first of all over here, the area I have indicated with red, what is that?

narcussy road

LDB: the area i have circled?

the mobile home.

LDB: you have mentioned this entire compound is fenced?

yes

LDB: can you show us where and use your finger to show us where.

the fence starts here and goes all the way beyond this picture and runs all the way up here...and that would be the external perimiter.

LDB: how does the general public gain access?

during business hours the gate would be unlocked and there is parking for the public and they approach the bullit proof glass to speak to the person.

LDB: always have bullet proof?

means of protection, no physical contact better and safer people are never happy to come to a tow yard to get a car.

LDB: how would they access a car that had been towed?

the yard is secure, it was always manned. as a car approaches you can see from any angle, we approach and they approach and there is a sign and they go up to the window and explain what they are there for.

LDB: you said jonhsons recieved the pontiac on june 27 did you have contact that day?

no

LDB: with a mark indicate where the car was stored

on the end there where that shrub is now. at the time that shrub got trimmed but the car was parked right there.

LDB: stay there the entire time?

yes

LDB: how long was the car on the property?

around two weeks

LDB: when a car is on property for that long is there rules for the disposal?

depending on why the car was towed and the year and how we process the state of fl gives the co a chance to reclaim one of my jobs was to determine should the car reach its time limit whether it would be a car we would title or we would destroy it, crush it. I would make that determination should it stay the timeframe.

LDB: ?

depending on the year, it was a cut off point, thirty five days..?

LDB: obligation to contact owners?

when we process the paper work on the third business day a letter is generation and that is sent by certified mail to the owner of the car and that we have it and what the charges would be to get the car.

LDB: as it relates to the Pontiac Sunfire, it was on property for two weeks, did you take steps to evaluate the car?

yes, third or fourth day I would pay attention. we had a high amount of cars in and out so I don't pay attention until it sits for a while. I gave it a cursory investigation at first, I looked at the external, look thru windows...not permitted to enter the car. it was not ours at that time, my inspection was visual and external.

LDB: you didn't have the keys?

no

LDB: where the doors locked?

yes

LDB: by pulling the handle?

yes

LDB: did you notice any odor?

as I was looking around the car there was nothing noticable at all, then I put my hand on it to and noticed a smell eminating from it.

LDB: how long work towing?

almost 30 years, two year hiatus.

waste management

LDB: garbage?

yes

LDB: would it be fair to say you have been exposed to a wide varity of odors?

yes

LDB: dead body?

yes

LDB: how many

six eight, more...I have had experience with long term faitality...several occasions.

LDB: in 2008 was there a car on the property that was stored after a individual had committed suicide and those remains had not been found for several days?

yes

LDB: you smelled that?

yes

LDB: waste management, having experience in that, did you become familiar the odors of garbage?

yes

LDB: how about items people would leave in their car?

sure

LDB: tell us about the range of experience of items left in cars?

I have been around many cars towed DUI, people who were shopping, food from going to dinner, pretty much anything left in the car. People get injured on the way back from the story and they come and get the car a week later, many many many scenerios.

LDB: can you distinguish the scent between trash and garbage and the scent of decomposing remains?

In my opinion the smell of decompostion is unique as compared to rotten garbage it is a very very distinct smell.

LDB: when you smell it in your opinion do you notice a difference?

yes

LDB: when you put your hand on the car have you decided?

the strenghth of it was minimal, the instant flash in my mind was I know what that smells like.

LDB: after that what action?

I had made my inspection, what we were going to do with it, at that point I treated it as a correctly processed car.

LDB: did someone come to pick it up?

 

[jon_burrows]

SB - car was sealed well and could smell death without opening the trunk
(paraphrasing)

IMO

 

[TotallyObsessed]

FYI

MagpieFromHinky Pamela
Lee Anthony sitting in the witness waiting area with Mallory. Waiting for his turn? #CaseyAnthonytrial
1 minute ago

 

[Intermezzo]

OK, now I remembered about the June 27th text but had forgotten about the 25th. That is very interesting. So there was a smell on the 25th, so there had to be one on the 24th - the day of the GA/gas can argument incident. And GA says he didn't smell anything....now I don't know what to think about that. Very interesting though.

moo

I would say the car was beginning to smell on the 24th, or at least Casey noticed a smell and would not allow George to get near the trunk.
But by the 25th Casey voluntarily sent those texts to Amy to try and start the cover up excuse for the smell.
:twocents:

 

[salvarenga]

I think this guy is a great witness...very believable.

 

[Eye Wonder]

Wow this guy is an INCREDIBLE witness!! Very confident when he speaks. IMPRESSIVE!

 

[kinsey milhoune]

JB will try to shoot him down, saying he's not an expert on odors.

 

[Blue Ridge]

If he knows the smell of decomp, why didn't he do anything? I believe that will be the DT's question to him.

Probably because it's not his job to know the 'history' of the cars stored there... just like if it had been a DUI or other accident w/ fatalities happening in a car.....didn't he say that type thing wasn't unusual?

 

[Leila]

'Waste Management background"

Oh The Irony is RICH

Simon Birch is a very powerful witness for the state!

 

[YellowSubmarine]

One question JB might ask is why he didn't call LE when he noticed the odor...........especially since he claims to know exactly what it smells like.

Definitely, and he'll try and shoot down his knowledge of dead bodys - no formal education or training

Hope we didn't just give him his line of questioning . . .

 

[RayStar]

Casey looks like she is paying deep attention to this witness.

 

[logicalgirl]

Oh MY!!! Noticed a fairly strong odor permeating from the vehicle when he leaned into the window to look in... this is the day it was towed... June 30th!!!

Didn't he say it was three days later? After it was received from the tow truck?

 

[QueenD]

If he knows the smell of decomp, why didn't he do anything? I believe that will be the DT's question to him.

State of Florida doesn't allow him to enter car until x amount of days. Has to wait for due peocess.

 

[mitzi]

instant reaction was 'whew i know what that smells like' !!

LOL...kinda like how Dr. Vass jumped back 2 feet when he opened the tube.