Caylee Marie Anthony-MURDER TRIAL-DAY 4

Simon Birch on the stand, Linda questioning him about the storage fee's and general info on the towing yard. He first went to the car with George Anthony, NOT George and Cindy. Showing a picture where the car was being kept and how he and George got to it. Drawing a pathway from the office to where the car was kept. They talked on the way to the car, George said he was sorry for Cindy's behavior. George apologized profusely for Cindy. George told him that his grand daughter had been missing for a long time and they were under a lot of stress and would probably get divorced over this. George had the keys to the car and thought George would just get in the car and drive away. George got in the car and the car wouldn't start. As the door was opened the smell came out intently, almost as you were releasing it into the atmosphere. He said to himself, that is the smell of decomposition but he just said that is phew that is some odor. He said it is not a smell you can forget, it is the same as he had just smelled recently from another decomposed body. He doesn't know why he didn't say what it smelled like out loud but he didn't want to give his opinion on the odor with his grand daughter missing and George already so riled up. The car had a very strong battery connection in it and it just re-fused to fire. George had no gas can with him at that time and Simon Birch saw that the gas gauge was on E. The battery was working but the car wasn't starting, he didn't think it was a battery issue. George said then, I have some gas with me, let me go get it. He brought back an old metal gas can, seen better days. Not a new one. It was well worn, it had no tape!!!!!!!!! George didn't bring gas to the car at first, he waited to see if it would need it. Simon suggested that the trunk be opened because of the odor. They stood side by side, opened the trunk and the odor was very bad. Flies flew out and they saw a white, standard garbage bag inside the trunk. Nothing else in the trunk, no other items stood out. They looked in the garbage bag, side by side. It had a drawstring pull. Not sure who opened it, he was just trying to appease George. Simon saw a pizza box and some papers, no food stuff!!!!! The bag was very light and it was just regular household refuse, not like it could hold half a chicken that could create this smell. Simon offered to dispose of it for him. Simon took the bag out of the trunk and walked to the fence line, showing the jury where he went. Used his left hand and threw it over the fence, a six foot fence. It went over like you would expect a bag of papers to go over and he was gonna go get it and put it in the trash when George left. He saw George drive out, George pulled out of fenced in area and said he was sorry again for the ruckus. Simon went back later and put the bag in the dumpster.

Defense up now with Simon Birch, Baez asks him about notifying owners of towed cars. Asks him about George telling him his daughter was missing. Mr. Birch said that he knew the car smelled of decomp. Baez is asking about the starting of the car and the gas. Did George try to start the car before he went to get gas and Simon said yes. Baez is referring to his deposition of 2008. The deposition says that they opened the trunk before he got the gas. At this point, I am confused. Baez is meandering. He is questioning Simon Birch on his expert opinion of odors. George definitely brought gas can with him and it was an old metal can. Took George back to the gas can in George's car and then back to the Pontiac. He is asking Simon Birch if he would ever obstruct justice and if he would let a car with the smell of homicide in it drive away. If he is such an expert and a part of the chain of custody of Orange County Sheriffs, why did he let the smelly car drive out and not notify anyone of the smell of death. The car was later towed by Johnson Wrecker company to forensics and Birch never contacted the police then. One of his guys told him that the car was taken to the forensics bay. Simon never saw the car in the forensics bay at first, he did see it later on. Police didn't take a statement from him till July 24, 2008, nine days after the car left his yard. Baez is asking stupid questions, they are sustained!!!! Simon agrees that later he knew that the car, the smell and the case were a significant issue. He has a contract with Orange County, Baez is acting as if the towing company and Orange County were in cahoots about something. George knew the car was at Amscot for 3 days, yet they were complaining about why they hadn't been notified before. Baez is obviously trying to imply something here, he kind of gave up and stopped the questioning.

Linda asking Mr Birch about calling the police the day he saw the Anthony's on TV. He attempted to find the bag in the dumpster. The bag was not there. When he couldn't find the bag, he then called the police. The bag was only over the fence for minutes before he put it in the dumpster. Linda asked him if the smell seemed to follow the bag as he threw it over the fence. Before Baez could object, he said no, it didn't seem to. Meaning it was not the bag that smelled, it was the car.

Baez asking stupid, meandering questions and doesn't complete most of them. He is going in circles and Mr Birch is as confused as I am. Baez seems to be making a big deal out of when the Anthony's were notified of the car. Now Baez is asking him about what he told the police on the phone. He says he believes that a pizza box was in the bag but he may have recollected it from what he saw on TV. Baez is spinning and so is my head. Mr Birch said he was 70 percent sure that a pizza box was in there but not 100 percent sure. Mr Birch comes across as very, very believable and honest. He is challenging Baez, yay!!!!! He can't swear he saw a pizza box but he is pretty sure.

Baez is done and so is Casey, stick a fork in her. ::justice2NJ::