Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

[Coveting]

Does anyone know if there has been any mention of the defendants phone records or internet history yet? It’s something that’s surprised me so far, I can’t seem to recall any mention of either of them.

Just wondered if they would hold any clues and will be very surprised if they don’t get mentioned at all during the trial.

 

[Princessconsuela]

Does anyone know if there has been any mention of the defendants phone records or internet history yet? It’s something that’s surprised me so far, I can’t seem to recall any mention of either of them.

Just wondered if they would hold any clues and will be very surprised if they don’t get mentioned at all during the trial.

No mention that I can recall. I'm sure I read that they didn't recover his phone but don't hold me to it.

 

[SpursGyal]

Does anyone know if there has been any mention of the defendants phone records or internet history yet? It’s something that’s surprised me so far, I can’t seem to recall any mention of either of them.

Just wondered if they would hold any clues and will be very surprised if they don’t get mentioned at all during the trial.

No, no mention of recovering a phone or device. They did recover an iPhone box.

 

[SpursGyal]

I can’t make sense of a lot of it. Why didn’t he attack ZB when he had a good chance to? She was alone in a wooded area, she hadn’t tried running from him? Was he sent there to be around that area the time of the murder to frame him? There’s still a few doubts for me.

I think maybe because she became aware of him, while he was still a distance away and headed to more populated area.

 

[SpursGyal]

‘15:25
'Seriously concerned'
Mrs Braithwaite said the male took another path and went from being 100/120m away to around 50m away.

She told the jury that she believed the male had run to close the distance.

She said: “At that point I was seriously concerned.

“I went down the steep descent hoping I could see some people or see something heavy on the ground in case I needed to defend myself.

“It didn’t come to that. When I got to the bottom I didn’t see him again.”

Sounds like he was headed towards her, until she changed route.

 

[Doris777]

Tell ya something...this is one interesting trial! I've never followed a murder trial before but this has me hooked! I really can't think what way it will go though. There's to many unanswered questions. Someone said about his phone records ect...I agree...where the heck are they? I don't believe for a minute he doesn't have one! Laptop? Some way of communicating? There's nothing! All gone and I bet they held the key to alot of information about him!

Someone mentioned the police dog. It says the dog didn't indicate because it wasn't close enough. Lindsay was found about 5 meters away from the bin so dog didn't indicate.

The lads been seen going back to the cemetery every day since he buried her..why go back? But he's never been seen to go back into the coppice again...why if there's money ment to have been left?

Honestly this piggin trial has me hooked! Wish I was a fly on the wall when his family found out...they will know what happened.

 

[Becky53]

I’m sure I read somewhere that he had a Facebook account that vanished.

When I heard the lad’s name bandied about I remembered a story I’d read some years back in the LT about a man of the same name who had committed suicide from Whinney Hill - a relation perhaps...

 

[Officer Dibble]

Considering the defendant is said to be not good a communicating information he made quite a detailed statement via his solicitor IMO.

I wondered about this too.

 

[Jartykarate]

That’s basically it from the prosecution, so nothing really different from the original trial except possibly more CCTV.

The only real evidence the prosecution have produced is for something the defendant has already admitted to anyway.

As stated the teachers evidence cancels each other out and could be more helpful for the defence, But at least we may get to hear the defence case this time.

At this point in the original case I thought the defence would ask for the case to be thrown out, but that won’t be the case this time around with the manslaughter charge added.

 

[Kasmeer]

So he could be easily led... but wouldn't speak to strangers. He may or may not know right from wrong, but isn't motivated by money. I'd say that at the least, these witnesses have put a good dent in the "stranger asked him to do it for money" story, if he won't speak to strangers and doesn't care for money.

I'm hoping in summing up the prosecution make the obvious point that no witness could: if this stranger did ask him, and he's actually gullible enough to just dispose of a body for a complete stranger, what murderer out there would be crazy enough to just ask a random boy to dispose of the body? And how could they possibly know that this boy they've never met, is the one in a million person gullible enough to just go along with it without asking questions, or, y'know, calling the police? No chance at all that a stranger asked him, that is for sure!

There is, however, a chance that a friend or family member did and he's just keeping silent... although if his learning difficulties are that bad, does he have the capability to not let anything slip? I personally think it was just him; the lady who was scared by someone just like him shortly beforehand tips the balance for me, but it's a good defence strategy, as most evidence available can be explained by him disposing of the body. Difficult to say it's been proven that he did it, I may think he did, but enough to convict? It might be a long deliberation this time.

 

[PiggyStardust]

From the the defendants statement "He has not paid me any money. He told me that he would leave the money for me near where the body had been at first once everything was clear."
Once everything was clear????
What on gods green earth does that mean?

 

[Whitehall 1212]

Are we sure these witnesses are for the prosecution?

Strange though it would appear, I think on the whole the teacher and head teacher provide a narrative of a boy who is generally well behaved, has a narrow range of interests but will sit quietly when not interested and is a poor verbal communicator.

If he had no concept of right from wrong would he not be disruptive and have poor conduct? I suggest the prosecution are demonstrating that this child behaved because he knew what was and wasn't acceptable in a group context.

Although the doctrine of doli incapax was abolished in 1998, this evidence is demonstrating that he is capable of forming the intent to commit a crime because his moderate behaviour shows us that he knows right from wrong. The teachers/head teachers evidence that they had never been privy to an incident when they had to question his ability to understand right from wrong further supports my assertion.

He is strong for his age, a good walker, he enjoys being outdoors. Obvious, I know, but they are attributes that support the killers MO. Because of these the defendant is probably very well acquainted with the local geography of the Coppice, Hillock Vale and the cemetery, all of immense benefit when stalking for a victim before attacking, moving, concealing and disposing of them.

As has been said in this thread, with the defendants limited verbal communication, could he realistically have engaged with an unknown third party in a way that they would be confident that he understood their request and would carry it out successfully?

We know his defence doesn't hold water but nevertheless it is his defence and this element of the evidence supports a view that he would be unable to negotiate such a contract.

The teacher said that he was compliant and easily led. I don't believe that any examples were given of when he has been easily led in a gullible or naive way. They did say if he didn't want to do something that he just said "no" and didn't do it. That doesn't strike me as being exceptionally compliant and acceding to any request, no matter how wrong.

So there you have it. I feel that the teachers are definitely worthy witnesses for the prosecution.

Just my opinion of course.

 

[SpursGyal]

From the the defendants statement "He has not paid me any money. He told me that he would leave the money for me near where the body had been at first once everything was clear."
Once everything was clear????
What on gods green earth does that mean?

Correct me, if I’m wrong, but the never returned to the coppice after putting her body in the cemetery. IF, his version of events are truthful, how long does he wait to collect his money? Her body is moved and buried.


I think, I like most do not believe that stranger exists.

 

[MissUnderstood]

Does anyone know if there has been any mention of the defendants phone records or internet history yet? It’s something that’s surprised me so far, I can’t seem to recall any mention of either of them.

Just wondered if they would hold any clues and will be very surprised if they don’t get mentioned at all during the trial.

I’ve wondered about this too. Had he been browsing sex sites out of curiosity and the acted? It’s all I can come up with for motive! He may be an autistic non verbal person but there’s nothing wrong with his hormones! All Moo of course.

 

[MajorHoople]

It seems to me there is no "mystery man" because that's just a story the defendant made up

 

[Doris777]

I’m sure I read somewhere that he had a Facebook account that vanished.

When I heard the lad’s name bandied about I remembered a story I’d read some years back in the LT about a man of the same name who had committed suicide from Whinney Hill - a relation perhaps...

Think that was his grandad or something.

 

[Doris777]

I wondered about this too.

It wouldn't have been him that said all that. The solicitor would have been saying it to him and he would have agreed to each bit. Then at the end the lad would have had to sign it. While in custody tho he would have had his solicitor, a family member and I'm.sure they said an intermediary. So who knows how much his family have told him to say about a stranger telling him to do it. It would have been better if more information about Lindsay was given. So when he went to her body was she already naked? What exactly he did to her body to love it ect. Not just I moved her in a bin and buried her in the woods in the cemetery!

 

[Niner]

Friday, August 7th:
*Re-Trial Continues (Day 5) (@ 10:30am UK) – UK – Lindsay Birbeck (47) (from Huncoat; last seen ~ 2:30pm on Aug. 12, 2019 & walking towards Accrington on Burnley Road @ 4:06pm on CCTV; found Aug. 24, 2019 in the area of Accrington Cemetery on Burnley Road) - *16/now 17 year old arrested (8/27/19) on suspicion of murder & charged (8/31/19) & arraigned (8/3/20) with murder & (added on 8/3/20) with manslaughter. Plead not guilty. Remanded to custody.
Re-Trial began on 8/3/20 (should last 2 wks). Jurors: 9 women & 3 men.
Previous trial info & other court info from 6/1/20 thru 7/21/20 & retrial from 8/3/20 thru 8/5/20 reference post #244 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4
8/6/20 Day 4: Junior legal counsel Simon Driver read more statements to the jury. The first was from Sarah Thistlethwaite who went with Gemma Hudson & Leanne Singleton to search Accrington Cemetery on August 20 for Lindsay. The next statement was from PC Birchall who attended the cemetery after the bin was reported to police by Sarah Thistlethwaite, Gemma Hudson & Leanne Singleton. A statement from Patricia Stevenson was next read to the jury. She was walking her dog in Accrington Cemetery between 8:30am & 9:15am on August 21, 2019. Ms. Stevenson said she saw the blue wheelie bin in the shrubbery. She did not go near the bin & instead alerted a cemetery worker who attended on his mower. Statements from Luke Hillman & John Jones read. Luke Hillman works at the Cemetery & said he was approached by Patricia Stevenson who was walking her dog on August 21. Took some of his colleagues to the bin. One of his colleagues John Jones looked inside the bin & it was empty. Mr. Jones said he then saw a police car on Burnley Road & approached the car. He told the police officers about the blue wheelie bin. They followed Mr. Jones into the cemetery & walked over to the bin. The police advised Mr. Jones that the bin could be moved. Mr. Jones took the blue wheelie bin to Dill Hall Cemetery. The bin was left in the main building which is locked & secured. Det. Sgt. Bowler showed the jury more CCTV footage to the jury. The first was a clip from 1:33pm on August 23 - the day before Lindsay’s body was found. He said it shows the defendant walking along the path at the rear of Isothane towards Newhouse Road. Det. Sgt. Bowler said Network Rail were tasked by British Transport Police to search an area near the railway line close to Accrington Cemetery. A CCTV clip played to the jury shows a Network Rail vehicle & a British Transport Police carrier at 2:23pm on August 23 being driven down Whitewell Road away from Burnley Road towards the railway line. At 2:41pm the defendant is then seen on different CCTV cameras leaving the cemetery & walking down Whitewell Road. Prosecutor Simon Driver & Det. Sgt. David Bowler showed a CCTV of the defendant on the day Lindsay’s body was found. The first was taken at 1:34pm & shows him walking up Whitewell Road towards Burnley Road before entering the cemetery by a side gate. The jurors were taken through more ‘agreed facts’. These are facts that are not disputed by either the prosecution or defense. The jurors were told how dog walker Morgan Parkinson found Lindsay’s body shortly after 7pm on August 24, 2019. Prosecutor David McLachlan QC told the jury how police attended the scene & found the ‘shallow ditch’ & a plastic sheet. CSI Naomi Fisher attended Accrington Cemetery on the morning of August 25. Forensic botanist Dr. Mark Spencer said in his statement that it appears to have been pulled by hand & its ‘probable that the offender wore gloves to pull vegetation’. He believes it was pulled between three to five days before August 25. Forensic Specialist Helen Jones compared the large plastic sheet recovered from Lindsay’s grave & a roll of plastic which was recovered from the defendant’s home. There were ‘suffocation labels’ printed on both sets of plastic. Mr. McLachlan said the blue wheelie bin was examined at Dill Hall Lane Cemetery on August 25. A blood swap from inside the bin was analysed & a forensic scientist said there is ‘extremely strong support for the view there is DNA from Lindsay within the sample’. Hair was also found in the bin & DNA matched Lindsay’s profile. The jurors were told about blue plastic recovered from the Coppice on August 28. PC Fielden was tasked with searching two large skips that been transported from Accrington Cemetery to the council yard on Corporation Street, Accrington. At 1:50pm he picked up a blue plastic carrier bag & found it contained a pair of Skechers trainers which had been cut along the sole so as to separate the upper from the sole. DNA was recovered & the forensic scientist said “there is extremely strong support for the view that there is DNA from the defendant within the sample rather than his DNA not being present.” The investigator also said “there is very strong support for the view there is also DNA from Lindsay within the sample rather than her DNA not being present.” Crime Scene Investigator Duffy attended Accrington Cemetery on August 31, 2019 & examined a yellow colored handled saw & a pair of green heavy duty gloves. The outer surfaces of the gloves were both muddy & dirty with soil debris. Both tested positive for blood on the outer surfaces but no visible staining was observed. CSI Duffy said there is ‘extremely strong support’ of DNA matching the defendant on the inner surface of both gloves & ‘extremely strong support’ of Lindsay’s DNA on the outer surface of one of the gloves. Prosecutor David McLachlan said the defendant voluntarily attended Greenbank police station on August 27, 2019 with his family after a police CCTV appeal. He was arrested on suspicion of Lindsay’s murder. The defendant’s home was searched & his clothing was seized, including tracksuits. These tracksuits are said to be the same one’s worn by the defendant in the CCTV footage & an image used in a police appeal. The interviews were held on August 29, 30 & 31. The first teacher from the defendant’s school was in the witness box. He told the jury that after viewing a clip of the footage online he was ‘99% sure’ it was the defendant. He said he could identify him by his clothes & the way he was walking. The teacher was cross-examined by defense barrister Mark Fenhalls QC. The headteacher from the defendant’s school was next person in the witness box. After viewing the image she said she ‘wasn’t 100% certain’ it was the defendant. She advised that the staff member & another colleague to report it to the police. Headteacher was cross-examined by defense barrister Mr. Fenhalls. Det. Sgt. Bowler was back in the witness box. He took the jury through the comparisons of the defendants clothing from the tracksuits recovered at his home & those seen on CCTVs. Prosecutor David McLachlan QC took the jury through their bundles to make sure they have all the statements, maps & pictures entered into evidence so far. The Judge has said the trial is making ‘exceptional progress’ & we are nearing the end of the prosecution case. The jury was told that there will be one more witness to give evidence in the morning before some questions to police. The trial was adjourned & will resume again at 10:30am tomorrow, 8/7/20.

 

[SpursGyal]

Link to Lancs Live court updates - Lindsay Birbeck murder retrial at Preston Crown Court - updates

I can copy over again.

 

[SpursGyal]

10:19
What will happen today
The retrial will resume at 10.30am when Lauren Henson will speak to the jury from the witness box in court 10.

She is the only prosecution witness to give evidence in person today.

There will then be some more information presented from police before the prosecution case is concluded.

The defendant is attending court today and will be in the dock.

He has appeared via video link for the past three days.

The Judge yesterday said the retrial is making ‘exceptional progress’ and it will be a shorter day today. The jury are likely to be sent home by lunchtime.