GUILTY UK - Lindsay Birbeck, 47, teaching asst, found deceased, Accrington, 12 Aug 2019 *teen arrested* #5

  • #441
I can’t see any profile pictures with tshirts in.. have they been pulled down?

I imagine the pictures you mention were shown on social media.
Websleuths only permit articles and images from mainstream media so you would not have seen them on here.
 
  • #442
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  • #443
  • #444
Just a gentle reminder to those new members here, discussing what is on Facebook will get the thread shut down.
 
  • #445
A couple of days?. They should hang their heads in shame forever.


Totally with you, I was just being facetious.
Just a gentle reminder to those new members here, discussing what is on Facebook will get the thread shut down.


Sorru I didn’t realise and will delete -
Wouldn’t want to undo the hard work at discussing the case as these threads have done
 
  • #446
Sorru I didn’t realise and will delete -
Wouldn’t want to undo the hard work at discussing the case as these threads have done[/QUOTE]

Thank you very much ,greatly appreciated.
 
  • #447
Friday, August 14th:
*Sentencing Hearing (@ 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) – *Rocky Marciano Price (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 and ended 8/12/20 with a guilty of murder verdict on the 1 year anniversary of Lindsay’s death. Jurors: 9 women & 3 men.
Previous trial info & other court info from 6/1/20 thru 7/21/20 & retrial from 8/3/20 (Day 1) thru 8/11/20 (Day 7) reference post #913 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

8/12/20 Day 8: The defendant appeared via video link. Addressing the jury, Mrs. Justice Yip said: "I am going to ask you to retire & begin your deliberations. She said they have been asked to bring their own lunches so they won’t need to leave the court building. The court will not be reassembled between 1pm and 2:15pm to allow others to take a break. Mrs. Justice Yip said if the jurors are still deliberating later today she will bring them back into court at 4pm & give further directions. If the jurors need to deliberate past 4pm, they will be brought back into court & given directions from the judge. Mrs. Justice Yip: "You may want to appoint a foreman, someone who will be fair and good at leading the discussions. "When you come back into court they will be asked to stand & deliver the verdict. The jury bailiffs were sworn in. Jury left to deliberate at 10:41am (UK time).

1:02pm: The case has now been adjourned to 2.15pm for lunch. Her Honour Mrs. Justice Yip earlier said if the jury did not return with verdicts by 1pm she wouldn’t reconvene court until at least then. 2:24pm: The judge & jury are now being brought back into the courtroom to discuss a 'technical problem'. Defense barrister Mark Fenhalls said the jurors were having problems playing some CCTV on a laptop they were provided. 2:30pm: The Judge is now in court and has been informed that the “technical problems” with the laptop have now been fixed. 3:15pm: Jury reached a verdict. Verdict: The defendant has been unanimously found GUILTY of murder. Morning session: 2hrs 15 min / Afternoon: 40 minutes = about 3 hours of deliberations. The Judge has confirmed she will not pass sentence today as the court needs to make preparations. She will sentence on Friday, August 14. The Judge said tomorrow (8/13/20) she will deal with an application from the press to lift reporting restrictions allowing the 17-year-old to be named. The Judge has told the 17-year-old convicted of Lindsay’s murder that he will be given a life sentence on Friday.

8/13/20 Update: The Judge, prosecution & defense counsel will reconvene at Preston Crown Court at 10.30am tomorrow, 8/13. This is to consider the two sets of reporting restrictions in the case. LancsLive & all other media outlets are currently prohibited from naming Lindsay’s murderer due to a court order under Section 45 of the Youth Justice and Criminal Evidence Act. An application has been submitted to Her Honor Mrs. Justice Yip to lift the reporting restrictions following his unanimous guilty conviction today. Defense barrister Mark Fenhalls QC said they will be opposing the application due to the defendant’s vulnerabilities. Legal arguments will be heard at 10.30am on Thursday before the judge makes her ruling. She said a decision will be made before the teenager is sentenced on Friday. The Judge will also make a ruling on reporting restrictions surrounding the first murder trial which began on February 25 before being halted on March 10.

The Judge, Barrister Mark Stuart is representing the defense & David McLachlan QC is for the prosecution in court. Defense gave reasons why his name should not be made public. A representative of the press has told the judge: “We submit the balancing exercise should be in our favor. The judge has granted the press application to lift reporting restrictions surrounding the identity of Lindsay’s murderer. He can now be named as Rocky Marciano Price. During the course of the first trial in March, detectives were made aware of a video clip found on the mobile phone of person detained in police custody on an unrelated matter. The clip purported to show a man discussing aspects of the Birbeck case and, in some parts, saying that he had been involved in the murder & the disposal of the body. The results of the enquiries into this were shared in full with the defendant & his legal team. Any suggestion that the man in question could have been involved in Lindsay's murder was negated & the situation was not therefore raised by either the defence or the prosecution during the second trial as it was not relevant. The further circumstances surrounding this video remain the subject of a separate criminal investigation.
 
  • #448
But how do you know he can’t understand emotions and wouldn’t know what was happening? He certainly seemed methodical and in control during the days after her death when he was concealing and burying the body.

It's in one of the papers. Think it's been mentioned in the trial aswell. People are no speaking about him more not the restrictions are lifted. Some kids with autism and developmental issues do not understand emotions. They don't connect the two things. I don't think he was aware of the crime he had committed, especially the magnitude of it. He looked detached from the world when u see the CCTV of him walking with a body in the bin in broad daylight. That's not normal. U have to remember this kid does have additional needs. He is not like us. Everyone is different and not everyone is brought up the same..I have a feeling he didn't understand or is not capable of emotions and what they are
 
  • #449
It's in one of the papers. Think it's been mentioned in the trial aswell. People are no speaking about him more not the restrictions are lifted. Some kids with autism and developmental issues do not understand emotions. They don't connect the two things. I don't think he was aware of the crime he had committed, especially the magnitude of it. He looked detached from the world when u see the CCTV of him walking with a body in the bin in broad daylight. That's not normal. U have to remember this kid does have additional needs. He is not like us. Everyone is different and not everyone is brought up the same..I have a feeling he didn't understand or is not capable of emotions and what they are
I agree with the not showing of emotion and empathy but in this case I’m a bit concerned that his condition has been over used this is my opinion based on what has been reported, I understand he has methodically to a certain extent hidden and disposed of Lindsay’s body and possibly planned then carried out the murder, he is reported to not be disruptive etc by his teachers so for me he is very clear of what is right from wrong. It’s a very sad situation firstly for Lindsay’s close friends and family to deal with this and just for now forget the “community “ the murderer comes from his parents must be going through it despite the t shirts .....incidentally if his name wasn’t made public would the be protesting his innocence on social media ....hmmm ?
 
  • #450
If his family are so convinced of his innocence then they should be able to produce some evidence of it. I get he's their son and they will always stand by him, but wearing some T-Shirts and causing a fuss online means nothing. Show some evidence that he's been wronged and then maybe people will think twice. Do they really believe the mystery man thing?? Surely the Mum and Dad can get some more info out of RMP about this mystery man. I wonder who they think it was???
 
  • #451
If Lancashirelad is correct regarding the attack near to his home in the woods which I suspected then it's all coming together for me.

The court have obviously seen alot more evidence we have just to be clear.

I think the boy has a fascination with stalking women and I do think it was the same boy seen on the coppice that day the witness who had felt threatened saw. The fact she said he must of run to catch up to her, the fact he looked out of place and the fact her description of him was not far off the mark. The timings make sense and his intentions make sense. Everyone has had the sense of feeling threatened or if something is going to happen and you can imagine what this woman was feeling as he made himself closer to her before she had to find an escape route.

He planned his attack that day. Whether it was his first attack or not the groping and sexual attack on the woman in 2018 shows his intentions and what he was capable off. Once he had got away with it I think he got a buzz of it, he thought he could get away with another attack and he wanted to sexually assault another woman.

Unfortunately for Lindsay she was walking into the coppice as he was either waiting or leaving. For me he was leaving towards the way he would towards home. I think he got worried regarding the person who had felt threatened before and had missed his opportunity or he was looking for another one.

I think hes either talked to Lindsay or approached her from behind , I get this from the signs of no struggle injuries. Lindsay was a teacher, she was more likely to talk to the boy.

I think hes strangled her to death and then sexually assaulted her. I get this from the fact he had wet knees and his jumper undone. He also had no t shirt on. My view is hes took his jumper off and then sexually assaulted her on his knees. Or hes unzipped his jumper to stop himself from getting hot and sweaty. Sorry for the brutality of my post. The only other option I can think of he used his jumper as a way of strangulation. Gone behind her and wrapped the jumper around her neck. But for myself its sexually motivated and he has sexually assaulted her. Did he mean to kill her, I think he did.

For the rest of the time he was there he has moved, hidden and decided what hes going to do with the body. I honestly think one day her items she has missing will be found somewhere in the coppice. He was never captured disposing anything in a bin and her key things e.g mobile, fitbit etc were never found in the cemetery skip.

Do I think he has had help what to do with the body? Yes. I think he has asked relatives and friends what to do and they have advised him. Especially with a statement.

People who think he isnt malicious or couldn't do such a thing need to remember this boy tried to cut a dead woman's leg off with a saw. The imagine is revolting.

Again, these are my views. I'm glad the family have got justice and they can now prepare for life with Lindsay. No more court cases and worrying.
 
  • #452
Did the key witness Z.B ever positively I.D the person who made her feel uneasy as the defendant? That’s one of the parts I struggled with in this case, I would have thought if it was him she would have been able to say with almost certainty it was him. I can’t remember ever reading that this has been the case? Which struck me as a bit odd.

or did he have his hood up?
 
  • #453
Will there be anymore details from the court case that will come out now? Will there have been details that we won’t have been privy to? Or will we have heard pretty much the same as the jury will have?

I’m just surprised how it was unanimous.
 
  • #454
Did the key witness Z.B ever positively I.D the person who made her feel uneasy as the defendant? That’s one of the parts I struggled with in this case, I would have thought if it was him she would have been able to say with almost certainty it was him. I can’t remember ever reading that this has been the case? Which struck me as a bit odd.

or did he have his hood up?
I'm pretty certain it was mentioned somewhere that she didn't see the hooded guy's face close up enough to identify any features.
 
  • #455
Did the key witness Z.B ever positively I.D the person who made her feel uneasy as the defendant? That’s one of the parts I struggled with in this case, I would have thought if it was him she would have been able to say with almost certainty it was him. I can’t remember ever reading that this has been the case? Which struck me as a bit odd.

or did he have his hood up?

He had his hood up. However she did see the clothes he was wearing which matched. She did say something specific regarding the trainers and the V on them but they were never found. She was a little incorrect about the size of him but they are walking on different size terrain for a start.

I dont see who else it could of been other than him. She took a short route and he would of had to run to catch her up. The location and the timings all make sense.

She said she looked at him and he was startled. I'm sure this was mentioned in the court case that when someone would talk to him he seemed like a rabbit in the headlights.

For me that's him, searching for his victim. He was looking to follow her and sexually assault her if he got the chance. He didnt, she was wise to it and managed to leave the scene, as she got to the bottom he had disappeared.
 
  • #456
Also try this with yourself. Today when your out take note of someone you see. In a couple of days try and remember what clothes they were wearing and remember that face.

I've tried this and I struggled to even picture the individual.
 
  • #457
  • #458
  • #459
10:08
Sentencing
Good morning everyone and welcome back to Preston Crown Court.

Rocky Price will be sentenced today for the murder of Lindsay Birbeck.

He is expected to receive a life sentence.

The hearing due to start at 10.30am.

10:25
Rocky Price on video link
Rocky Price is not in the dock at Preston Crown Court today for sentence.

He is appearing over the video link dressed in a white shirt and black waistcoat.

10:26
Three court rooms
Today’s sentencing hearing is being heard across three court rooms.

The Judge, legal counsel and Lindsay’s family are in court 10.

Rocky Price’s family are in court 8 and the press are in court 3.

10:27
Who is Rocky Price? Lindsay Birbeck's murderer in profile
After being convicted of her murder, Judge Mrs Justice Yip lifted reporting restrictions allowing his identity to be published for the first time.

During his eight-day murder trial LancsLive heard many details about the teenager which we could not report fully until now.

So who is Rocky Price and what did we learn about him during his murder trial?

Full story here


10:32
Sentencing beginning
Her Honour Mrs Justice Yip has entered the court room and the sentencing is about to begin.

The Judge has praised the ‘exemplary conduct’ of both families during the course of the trial and said she expects the same today.

10:35
Praise for court staff, solicitors and jury
The judge has praised the court staff, legal representative, jury and Rocky Price’s intermediary for ‘going above and beyond’ during the trial amid coronavirus restrictions and other challenges

She has also praised the dignity shown by both families.

Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates
 
  • #460
10:37
Prosecution begins
Prosecutor David McLachlan QC is now beginning his remarks at the start of the sentencing hearing.

He said Rocky Price will be given a mandatory life sentence of detention.

He said the starting point is 12 years due to the fact he was under 18 years old at the time of Lindsay’s murder.


Aggravating features
Mr McLachlan said the aggravating features in the case are:

  • significant degree of planning or premeditation
  • hiding and attempting to dismember Lindsay’s body
 

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