Questioning by Prosecuter Dane. He lived in Orlando 2006-2009. He worked at Johnson's wrecking service. He was responsible for day to day operations. It was a secure facility. He lived on property in a mobile home. Johnson's received a Pontiac Sunfire on June 20th, 2008. They enter pics into evidence. . Judge Perry reads in stipulation that the documents. is authentic by both parties. S. Birch is shown the documents relating to the tow. The "TAG Talk" document shows who owns vehicle. The documents are accurate per witness. No objection from defense on entry into entry. The process is the vehicle is stored and the documents are filled by tow truck driver and then presented to date entry clerk and car is recorded into record. The car is stored in area per classification of tow. It makes processing smoother. Photograph is show to Mr Birch, It is an overhead view of storage facility. It has been remodeled since that time. the fence has been moved back 100 yards. It is a fair and accurate representation per Mr Birch as the view of facility during the time in question. he identifies Narcusi Road and then his mobile home,. He shows the fence which extends around the entire facility. The facility is secured adn the public can only enter through designated gate. The custom service area has bullet proof glass and there is no physical contact with public,. This provides security to workers. "People are never happy when they pick up their car." He shows area where car was stored, It is toward the front of yard. The car was here for 2 weeks. The company after a certain time , is allowed to assess the car for possible sale and title to recoup money. On the 3or 4th day of vehicle on property, or 4th or 5th days, he visibly inspects vehicle to assess potental sale and needs for sale. He is only allowed to visibly inspect and not enter the vehicle. He assessed the car as having a need for keys. The doors were locked. As he was looking at vehicle, there was no odor. When he put his hand against glass to peer in, he noticed strong odor coming from car. He has been in this type business , for 30 years. He has been in refuse and recycling. In the 30 years, he has had contact with vehicles , where there has been a dead body in car. It happened about 6-8 times. In 2008, there was a car that was stored on property that had a body of a suicide victim in it.Due to his experience with waste management he is familiar with all types of waste smells. He has towed for law enforcement for many years. He is familiar with cars towed with food and product left in car. He is comfortable distinguishing with food decomp and body decomp. He . describes the smell of human decomp is unique in comparison to food. He knows the difference and is comfortable with his assessent. In his opinion, the odor was consistent with decomposition. He knew the smell was decomp as soon as he smelled it but saw nothing in the car. At that point, he did nothing further with car. His assessment with potential sale was complete. George and Cindy Anthony came to pick up the car on July 15th, 2008. He heard the Anthony's becoming agitated and he exited office and assisted the representation. Cindy Anthony was agitated as to cost and notification of car in tow yard. He looked calendar and date of letter sent. It was noted that the letter received dated was delayed due to Fourth of July holiday and following weekend and the Anthony's reported to be out of town "for a few days." Lunch.
Court is back in session and there is an imediate sidebar. Simon Birch is back on the stand. The jury is brought back into the court. Upon retreival , owners of vehicles are instructed to bring drivers license, cash and proof of ownership. The letter also states the rate for daily storage fees. Mr George Anthony came to retrieve vehicle.He is shown the an aerial view of the tow yard. The Prosecuter asks for him to show the route from office to the Pontiac Sunfire. He would have exited from back office to gate and then onto side gate into tow yard. It takes a few seconds to get the car. He and George Anthony walked to the care.George apologized for Cindy's behavior. He explained that "their granddaughter" is missing. He was apologetic and troubled. He asked Mr Anthony if he had the keys. He instructed Mr Anthony how to drive out of the yard.That was their policy to instruct the owners of vehicles while they are walking. Mr Anthony opened the car door and entered and tried to start the car. When GA opened the door the smell was potent. "It was eye-opening." Mr Birch testifies he noted to himself it was the smell of decomp.He did not mention it to GA. He noted the smell because he smelled it before in a vehicle. He testifies he did not say it out loud as it was an "agitated' situation and he did not want to aggravate it.He did not feel the need to give his opinion. the car battery turned over but did not "fire." Mr Anthony did not have a gas can. SB peered into car and saw he gas guage was on "E." He mentioned it to GA.Mr Anthony said he had gas "should I go and get it." MR Birch excorted him out of the yard to retrieve the old metal gas can and took him back to the car. SB did not notice if it had duct tape or not The drivvers door was the only door that had been opened to this point.. He does not recall helping him put gas in the car. At some point, they opened the trunk to see why the odor was present. SB suggested the trunk be opened. GA had a key. They were both at the trunk. When the trunk was opened was more potent than the inside of the care. Flies flew out and there was a white garbage bag in the trunk. He did not recollect anythink significant with other ites in the trunk. They looked inside of the white garbage bag. It was a drawstring bag.He does not recall who opened the bag. SB. testifies a pizza box and papers. The bag was very light and did not contain food. He threw the bag over the fence. The intention was to retrieve the bag after GA left the lot. GA thanked him and Ga left via the route he was to take. GA apologized once again. He pulled out of the gate. SB saw him and CA talking then they left. He went back to retrieve the bag and placed it in the dumpster. That was the last he saw of the bag. No further questions.
Cross by Baez. He testifies and admits by law he is to send out letter by 4th day of car being confiscated. It is his assumption the date and tardiness of the letter was because of the holiday and the Anthony's were our of town. He admits to his testimony that GA told him CAylee was missing. He admits when the door was opened he recognized it as human decomp. GA got in and tried to start car. GA tried to start car and then got the car. He does not recall which event happened first, the filling of gas or opening the trunk. Mr Baez offers to show him his deposition so he may recollect the order of events. Apparently, the deposition reads th e trunk was opened first then the gas was put in the car. He admits to having experience smelling decomp in the past. He denies being perfect person but he has had experience between smelling trash and human decomp.He identifies the old gas can as red and round and old. SB testifies it is not common for people to arrive with gas cans. GA was not left alone on the lot as it is policy not to have people alone on lot. SB denies every obstruct justice when asked. He admits Johnson Wrecking is the provider to Orlando police and he is aware of evidence collection. Baez asks him knowing the smell and missing granddaughter he never called the police. He did not know it was evidence until his employee notified him that the car was t o be towed to forensics. He admits hearing of the case on the news. He did not witness the forensic collection. He knew of the collection from the news. The police did not come et statement from him until July 24th as identified by the court docunents. SB did not recollect the day. It was nine days after the retreival of the car by GA. He knew that the police were aware o the strong odor in the car and it was an issue in the case.
Mr Baez addresses the form letter of notification. GA mentioned it hadd been at Amscot for 3 days. When the Anthonys came to the yard they were complaining of the bill and why they had nto been notified. No more questions
Redirect, SB called the following morning after the July 24th. He called the police and notified them of the garage bag thinking it was still on the yarrd grounds. He attempted to retrieve it in the dumpsteer and jumped in and searched for it and he did not find it. He then called the police. He informed them about the garbage bag. He put the bag in the dumpster ut after GA left. The bag was only ther for a few minutes. The odor did not follow the bag.
Baez shows him an exhibit. He holds him a calender. He testified that he believe the letter had the pick up site address. He states he believes it but he is does not sent the letter out. He testifies he did not give his sworn statement until the 24th. He discussed items he saw of the news. He does not recollect and is show his deposition..He told him about the pizza box he heard on the news , and he saw it in the trunk. He does not know if he told him about the pizza box because he saw it and membered or because he saw it on the news. He denies it. He states he told them that he fairly recollects the pizza box being there. He said he could not tell him he was sure 100%. because the pizza box was not significant enough to be fully rememorable. He said he was telling the police abut he vaguely recollects seeing pizza box. He brought it up because had seen the pizza box issue the news and it was part of the case. Excused.
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