2011.05.27 Sidebar Thread

[Turnadot]

Is Mr. Birch's failure to act responsibly after smelling decomp being brought into question? Or, is it his testimony that's being questioned since he didn't call the police?

If it's that he should have called the police and is negligent for that I would have to remember that he's not on trial. If it's his testimony that's in question then that will be put to rest when GA is called back and corroborates his story.

Not really. If he didn't alert the police, I do wonder why, but hindsight is 20/20. We all wish we could turn back the clock sometimes and have a do over for certain moments.

He comes across like a good person. I'm not calling his character into question. But if a few of us wonder why Mr Birch didn't call the police then at least a few jurors wonder, too. So far Mr Birch is excellent for the State. I really don't think him not calling the police right away when he smelled human decomp is going to matter to the jury during deliberations.

If I were on the jury I'd be curious why he didn't ( if he didn't) call the police, but during the deliberations, I would answer it myself like this: Because he didn't. We all have coulda, shoulda, woulda moments. Hindsight and all that bit.

 

[redkatrampant]

Off Topic:

I have kept up with Ynot's laundry. I am making my special Sidebarita's for this afternoon.
I think we should drink everytime JB is "thwarted".

 

[yeknomaras]

I'm going to play the MISTRIAL drinking game! I fully expect to be blottoed by the end of the day.

 

[lemon]

The best thing for SB to do if JB asks about calling the police would be to say something like "In hindsight I probably should have. I certainly regret not doing so, knowing what I do now." He comes across as an honest guy and one who really has no dog in this fight, so I believe telling the truth and expressing regret would do a good job of shutting down Baez and his innuendo.

 

[Sleuths4Me]

What day did he notice the smell vs the day the A's came to pick up the car? Same day? within hours? mins? maybe why he didn't call police since the owner came and he was there when they unlocked the car and opened the trunk?

 

[Chiquita71]

No Chiquita, it WAS Casey. But there is nothing wrong with discussing what shoulda been/what was, etc. And also pointing out where there might be trouble ahead. No one is blaming those you mentioned.

RespectfullyQuoted tehcloser

Okay, I guess I should have put up the sarcastic alert.

I am sure I was not being serious.

I was referring to the defense tactics.

:twocents:

 

[fifteen89]

:wave: fifteen

Not me.

Hey Chiquita! Me neither.

 

[Stella5]

It's my opinion Casey is incredibly LAZY. The Anthony's seem very diligent about cleaning and yard work, I can't see Casey leaving her in the playhouse for fear George would be out weed whipping around the playhouse, hosing down or watering something, tending to the pool. Wasn't she seen TWICE backing into that garage?

Wherever she hid Caylee before placing her in the trunk was convient, a safe place and close by. What would the purpose of moving her around be if she was safely hidden somewhere? IMO She HAD to move her from where she was, and I am thinking no way would she do that unless she really had to. She couldn't keep her in that freezer forever. imo

I agree with that! She is incredibly lazy as evidenced by leaving Caylee only 20 feet from the road. She did back the car in twice, and IMO she was probably going to try to bury Caylee in the yard (maybe under the playhouse?!) the day she borrowed the shovel from the neighbor. That ended up being too difficult for Princess ICA, so back in the trunk Caylee went. I also wonder if she was in the dumpster at Tony's apartment at one point, and she retrieved her along with that bag of trash. There are so many possibilities, but the fact remains that beautiful baby girl was in that trunk deceased.

 

[CementPond]

Thanks! Guess I'll have to catch that and the first half of SB on a replay later over at WFTV.

The District Manager for Amscott

 

[redkatrampant]

I'm going to play the MISTRIAL drinking game! I fully expect to be blottoed by the end of the day.

:floorlaugh: See my post!

 

[AbbieNormal]

Not necessarily. We don't know when she placed her in her trunk, or when Caylee really truly died. I've always believed the June 16th death was factual, otherwise where was she?! ICA could have placed her anywhere, then back in the trunk, then dumped her... we'll never know because ICA will NEVER tell.

But we heard the body was in trunk 2.6 days, and outline of a child Caylees size in shape of fetal position was visible. ITA she could have used the freezer AT SOME POINT, but if she wrapped the body in bag (s) and it in freezer right away, the shape of Caylee wouldn't have been present (due to being in a bag) if Caylee was THEN put in the trunk, after being in freezer. KWIM? I think she had the body in the car the 16, 17, part of 18th, then she bagged it due to smell and purging of fluids. Maybe that's why she used the duct tape?

If the duct tape was in such bad condition when they tested it, I dunno how they were able to determine it was placed on Caylees face PRIOR to her death. How can they tell it wasn't 2.6 days later, etc?

 

[kaRN]

Is Mr. Birch's failure to act responsibly after smelling decomp being brought into question? Or, is it his testimony that's being questioned since he didn't call the police?

If it's that he should have called the police and is negligent for that I would have to remember that he's not on trial. If it's his testimony that's in question then that will be put to rest when GA is called back and corroborates his story.

ITA. He said LE were contacted as soon as it arrived to verify it wasn't stolen etc. He also said they had a huge turnover. As unique and special as ICA is to JB, she isn't the centre of the world. It was only when he got really close he noticed the strong odour consistant with decomp.
If he was busy he may have intended to call LE but forgot. At the end of the day what he should have done was probably dictated by his company policy, not JB. Caylee was already long dead and there was no body in the trunk.
Why GA and CA didn't call is a whole other ball of wax though. If I were them I'd claim that 22 years worth of ICA had caused them to go into a state of deep denial, living lies to protect her, hoping she'd outgrow her sociopathy.

 

[fifteen89]

I have no question as to whether his testimony is reliable and I don't think that he failed to act responsibly. I just wonder, as a general wonder out there floating in the universe why he didn't call the police when he smelled dead body. For me, his statements before trial and his statements now during trial are believable and are backed up by giggling Lee discussing the smell and the text messages from KC. I am just curious and think the jurors may be thinking the same thing. Especially since they don't know yet about the text messages and haven't heard from Lee on the matter.

ETA:


That serves well to answer my question and makes perfect sense.

Ditto. No accusing happening from me.

 

[yeknomaras]

:floorlaugh: See my post!

LOL! with all of these drinking games I'm going to need a new liver

 

[logicalgirl]

No Chiquita, it WAS Casey. But there is nothing wrong with discussing what shoulda been/what was, etc. And also pointing out where there might be trouble ahead. No one is blaming those you mentioned.

Errrrm - except Mr. Baez of course.....

 

[Quiche]

I have a question: Jose asked W.Waters if KC "made off with anything" from his house. He said, No. Can the SA now ask that same question of Amy?

 

[LolaMoon08]

Cindy and George both smelled that car and didn't call 911 and they knew Caylee had not been seen or heard from in a month. Simon Birch didn't know a little girl named Caylee was missing from her family. He didn't have the same emotional connection as the Anthony's had.

He smelled it. He didn't see anything out of the ordinary and dismissed it. The same way George and Cindy did when they picked up the car on the 15th and they smelled the car when it was completely opened unlike Mr. Birch three days into the car being towed. Cindy and George both dismissed it and went back to work until Cindy was forced by her boss to face it.

It's more alarming that Cindy and George didn't call police right away. More alarming than a man who didn't know what was going on and only got a whiff of the smell when looking into the car from the sealed windows.

It sucks that he didn't call police... but what is done is done. I don't think he did anything wrong.

 

[Leila]

While this is all true, Mr Birch didn't pick this car up from an accident, or knew that it once held human remains due to suicide, accident, etc. All he knew about the Sunfire is that he smelled human decomp, couldn't see anything and the trunk was locked. Yes, I'm sure he's a busy man, but I would think it only took a few minutes to alert the police to the smell of human decomp coming from the car.

Mr Birch smelled human decomp. He couldn't see human remains when he looked inside. The trunk was locked. Like I said, he seems like an intelligent man - it's a small logical leap.

His testimony was powerful. He's great for the State, but I'm just curious why he didn't call the police. I'm sure it's a small matter and will not break the State's case or his testimony, but I hope LDB asks him about it after the break.

Snowball made a good point that maybe he did alert the police. We'll find out after lunch, I hope.

I think it would have made a difference in the case as far as evidence goes. IF SB had alerted the police and they investigated the car, and opened the trunk. They wouldn't find a body, but the odor would have alerted LE that something was wrong - perhaps a dead body was transported in that car. I think LE would have gone to the registered owners, GA and CA, and questioned them. If GA and CA were truthful, LE would have learned that although the parents have talked with their daughter, they hadn't seen their granddaughter for more than two weeks.

LE would have a car that was untouched as far as evidence goes. I'm sure LE would have tracked KC down and the story might be entirely different.

 

[tehcloser]

RespectfullyQuoted tehcloser

Okay, I guess I should have put up the sarcastic alert.

I am sure I was not being serious.

I was referring to the defense tactics.

:twocents:

:floorlaugh: ooops, my bad! Just ignore me I'm still quite distraught over WOO and Nursie becoming Mods. :floorlaugh:

 

[sophie01]

Cindy and George both smelled that car and didn't call 911 and they knew Caylee had not been seen or heard from in a month. Simon Birch didn't know a little girl named Caylee was missing from her family. He didn't have the same emotional connection as the Anthony's had.

He smelled it. He didn't see anything out of the ordinary and dismissed it. The same way George and Cindy did when they picked up the car on the 15th and they smelled the car when it was completely opened unlike Mr. Birch three days into the car being towed. Cindy and George both dismissed it and went back to work until Cindy was forced by her boss to face it.

It's more alarming that Cindy and George didn't call police right away. More alarming than a man who didn't know what was going on and only got a whiff of the smell when looking into the car from the sealed windows.

It sucks that he didn't call police... but what is done is done. I don't think he did anything wrong.

Well said LolaMoon.