Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #3

[Niner]

Thursday, March 5th:
*Trial continues (Day 7) (@ 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 & on charged (8/31/19) with murder. Plead not guilty. Remanded to custody.
Trial began on 2/25/20 with jury selection. Trial started on 2/26 with opening statements. Trial expected to last to 3/13 at the Preston Crown Court. Mrs. Justice Amanda Yip will be presiding judge. No court on 3/6/20. Jury: 11 women & 1 man.
The Judge has told the jury that the defendant has a moderate learning disability & suffers with ADHD & autism & finds communication more difficult than other of other people of similar age.
Jury selection Day 1 (2/25/20) & Trial Days 2 & 5 (2/26 & 3/3/20) info reference post #511 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #3
3/4/20 Wed. Day 6: The Judge has said the trial will continue this morning but it will be a shorter day. She said there was a major power cut overnight affecting the water and toilet facilities are not working despite the best efforts of staff. Prosecutor witnesses: Headteacher at the defendant’s school (no name given due to restrictions). The headteacher’s evidence has now concluded & the jury was taken through ‘agreed facts’ between the prosecution and defense. The jury was shown pictures of where a ‘yellow handled saw’ & gloves were found in relation to Lindsay’s grave at Accrington Cemetery. The jury was then taken through a list of items recovered from the defendant’s home. Her Honour Mrs Justice Yip has passed a message to the jury telling them that the court is being closed because of water problems. She has told the jury to return for 10.30am tomorrow, 3/5.

 

[Loulou38]

I thought exactly the same thing about him looking for an open grave! Can u imagine... doesn't bare thinking about.

I just hope more is said and done today as it seems to be small bits of info then finish for the day. There not sitting tomorrow are they so they need to get stuff done today.

Like so many have said... nothing is pointing to murder at the minute...just moving a body.

Yes, it's crazy if he has thought about this, I just don't understand it at all, a randomer is never going to ask a random person to dispose of a body. Saying that.

I work with offenders aged 16 to 18 and a few have had autism and although they've committed crimes they've been lovely, kind people.. I will say though they did have a thing for stretching the truth and their stories can be somewhat like fairytales.

Let's hope more is said today cause as you say it's more pointing at moving a body at the moment.

 

[Mumrahh]

Morning....
Hopefully I will be able to follow as it happens today, spent last night catching up..

There is still no real evidence of him killing her.... With all the other findings, like trainers in skip nr the body, gloves nr the body, bin nr the body, no attempt really at clearing away evidence properly, it's like he had no concern about the items being found. I was wondering "if" there was someone else involved if they had removed all clothing, but then why wud they leave the trainers... Why the heck would anyone leave the trainers.

I am still trying to work out how dna was inly on the left glove, has anyone got a theory? Or did he go to the gym to build up just his left arm so all the moving could be done with his left haha

Looking forward to hearing more about the saw that was found... And hopefully there is more evidence to come out but I can't see it pointing to him killing her, so far all evidence can be covered by him moving the body.

Would any of the new members who are locals to the area it happened tell me how much police presence there was around the area of the oub/herhouse/cemetery on the 17th?

 

[Nimas]

Morning....
Hopefully I will be able to follow as it happens today, spent last night catching up..

There is still no real evidence of him killing her.... With all the other findings, like trainers in skip nr the body, gloves nr the body, bin nr the body, no attempt really at clearing away evidence properly, it's like he had no concern about the items being found. I was wondering "if" there was someone else involved if they had removed all clothing, but then why wud they leave the trainers... Why the heck would anyone leave the trainers.

I am still trying to work out how dna was inly on the left glove, has anyone got a theory? Or did he go to the gym to build up just his left arm so all the moving could be done with his left haha

Looking forward to hearing more about the saw that was found... And hopefully there is more evidence to come out but I can't see it pointing to him killing her, so far all evidence can be covered by him moving the body.

Would any of the new members who are locals to the area it happened tell me how much police presence there was around the area of the oub/herhouse/cemetery on the 17th?

Hi before her body was discovered the police presence amounted to a police car or van permanently parked outside her house on Burnley road, not sure if they were at back too? Also police present at the organised searches.... After the discovery of her body there was significant activity around the Whitaker’s arms and cemetery on occasion there would be upwards of 8/9 police vehicles,CSI and mobile tv reporting vans.

 

[Roostercat]

Morning....
Hopefully I will be able to follow as it happens today, spent last night catching up..

There is still no real evidence of him killing her.... With all the other findings, like trainers in skip nr the body, gloves nr the body, bin nr the body, no attempt really at clearing away evidence properly, it's like he had no concern about the items being found. I was wondering "if" there was someone else involved if they had removed all clothing, but then why wud they leave the trainers... Why the heck would anyone leave the trainers.

I am still trying to work out how dna was inly on the left glove, has anyone got a theory? Or did he go to the gym to build up just his left arm so all the moving could be done with his left haha

Looking forward to hearing more about the saw that was found... And hopefully there is more evidence to come out but I can't see it pointing to him killing her, so far all evidence can be covered by him moving the body.

Would any of the new members who are locals to the area it happened tell me how much police presence there was around the area of the oub/herhouse/cemetery on the 17th?

Agree with at Nimas. There was always a car outside her house and everytime I walked down there seemed to be police house to house enquiries. I think the first official search by the services was the Thursday 14th in the afternoon, search and rescue, police and fire service were in the coppice and cemetery and surrounding fields. The first official public search I think was on Monday 19th but there were adoc groups searching over the weekend of 17th/18th

 

[jamjim]

10:12
Good morning
Hello and welcome back to court 1 at Preston Crown Court.

We will be hoping for a full day of evidence in the Lindsay Birbeck murder trial after yesterday’s hearing was cut short due to water and power problems in the court building.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Spender]

Just catching up with all the comments and updates . Well it seems like a lot of the local chat that I was made aware of has come to light . IMO he is guilty of murder or involved In someways however I’m not convinced that he hasn’t been orchestrated by someone else. Maybe they have taken advantage of his vulnerability and naivety and made him the fall guy. I’ve a son who has Aspergers and I don’t think he could plan disposing of a body and planning it all out ‍

 

[jamjim]

Seems like there's a bit of a delay again this morning. Hope it isn't another short day!

 

[jamjim]

10:46
Delayed start
The trial has not yet started because the court is sitting in chambers.

No members of the public or press are allowed in.

https://www.lancs.live/news/lancashire-news/lindsay-birbeck-trial-accrington-update-17807407

 

[Kaykedi]

Do we think the trial is going to proceed today, or, is there yet another problem?!

 

[sunflower22]

10:46
Delayed start
The trial has not yet started because the court is sitting in chambers.

No members of the public or press are allowed in.

https://www.lancs.live/news/lancashire-news/lindsay-birbeck-trial-accrington-update-17807407

Wonder if there discussing changing the charge?

 

[jamjim]

10:51
Trial about to start
The court room has now reopened and the trial is getting ready to resume.

https://www.lancs.live/news/lancashire-news/lindsay-birbeck-trial-accrington-update-17807407

 

[Kaykedi]

Wonder if there discussing changing the charge?

I wonder. Just read that 'they are in chambers'

 

[jamjim]

10:55
Judge explaining reasons for delay
Her Honour Mrs Justice Yip is now giving an explanation to the jury about the reasons for the delayed start.

There has been problems with the heating system this morning but it is ‘now working’

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

10:57
'Coming towards the end of the prosecution case'
The Judge has told the jury that we are now ‘coming towards the end of the prosecution case’.

She said it maybe another shorter day and the jury could be sent home early.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Kaykedi]

The reason for today's delay, problems with the heating!

 

[jamjim]

10:59
Defendant's interviews at police station
The jury are now being taken through details of the defendant’s arrest and interview at Greenbank Police Station.

Prosecutor David McLachlan QC said he was interviewed under caution on five occasions on August 29 and three occasions on August 30.

He made no comment put to him about the murder allegations but provided a prepared statement

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Kaykedi]

Problems with the heating resolved, trial has resumed, however, Justice Yip said they will be likely to finish early today!!!

 

[PiggyStardust]

*Please feel free to point out anything major I may have missed.

What is the main evidence so far?

Forensic:

DNA of defendant and victim on glove(s) found near the burial site.
DNA of victim inside the blue wheelie bin.

CCTV of Defendant with bin.

This of course links the defendant with the body of the victim. Though 'he' has already admitted to moving and burying the body.
So what do we have that could link him to the actual murder (circumstantial or otherwise)?:

And as we all know there is no murder scene, so no DNA evidence from that. There is also no DNA evidence that could link an alive Lindsay to the defendant (DNA under fingernails etc).

Digital Forensics: Nothing

Seemingly his phone was disposed of.

(*I am of course presuming he had/used a phone. If not then he could quite probably be one of the only 16 year olds in the UK that doesn't have one.
I heard that he had Facebook - which would imply that he wasn't a 'technical recluse').

Eye witnesses:

Possible sighting of the defendant 'stalking' (by Zoe Braithwaite) at around the time of the victim's disappearance (and in the same area).
Though the defence has already made her account out to be 'unclear' - Vague description and also they called into question the eyesight of the witness and doubt over whether she had her glasses.

'Character' witnesses:

The only thing going in the prosecution's favour is something about the defendant 'not valuing money' by a couple of former school teachers.
And someone from the gym inferring that he 'appeared stronger than he looks'.

All very flimsy stuff.

So I think the only other thing that is against the defendant is the obviously made up story about a 'strange hooded man' and the fact that for some reason the defendant who doesn't suffer from some kind of bizarre goldfish memory syndrome seemingly cannot remember or refuses to say where exactly he met the hooded man and also in what way the hooded man showed him where the body was.

Is this enough to convict for murder? I would say 'no'.

My theory is that The defendant did kill Lindsay Birkbeck on his own and that he has had help from friends and/or family members to concoct a story and possibly even get rid of possible evidence (phone?). They had a massive 15 days from the time of the murder (12th August) until arrest (27th August).
(Why didn't 'he' dispose of the clothes? - Well he was seen on CCTV with those clothes on - finding the same clothes at his home still fits in with the story. To get rid of them would at least imply they were trying to hide something and of course go against the 'I'm so naive I don't know what I'm doing' story).
Also, as some others have pointed out. How has a guy who can supposedly only say 'yes' and 'no' and nod come up with his own story about a hooded man? That has come from somewhere, right? And it's my understanding that a defence solicitor can't legally make up a story on behalf of a client.

The story about a stranger is ridiculous in the extreme. I also don't think Lindsay was killed by another person (or both). Though more plausible than the 'stranger story', there is still the issue with this supposed accomplish vanishing into thin air. Why is there no trace of the '2nd person' especially when the defendant (and also other possible suspects that were subsequently eliminated from the enquiry) were caught on CCTV?
For those that think another person was involved in the actual murder? What is your theory regarding this?

* Just to clarify from someone that knows the law. If the only charge is murder and he's found not guilty. Will he walk free?
Even though he has obviously moved and disposed of a dead body, that isn't on the charge sheet as far as I'm aware. Thanks.

I am sure I read somewhere there are cctv pics of the defendant showing damp patches on the knees of his pants. The brutal and horrendous injuries to Lindsay's neck/throat must be linked in someway?

 

[jamjim]

11:03
'I did not murder Lindsay Birbeck'
The jury are now being read the statement from the defendant provided on August 30, 2019.

It said:

I did not murder Lindsay Birbeck. I was not involved in her death. I was not present at the time or place of her death.

I did move a body from an area off Burnley Road Accrington in a wheelie bin. At first I hid the body but later moved it again in a wheelie bin, taking it to the cemetery on Burnley Road where I buried it on my own.

A man came up to me when I was walking alone in that area off Burnley Road and he asked me to “get rid of a body” for him.

He said that he would pay me a lot of money when everything was clear. He showed me where the body was and he went away straightaway leaving me to “get rid of the body”.

I have not met this man before. I have not met him since nor have I had any contact with him. 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.

I cannot describe the man other than to say he was white, male, spoke English.

I could not see his face well as he was covering it with his hood. I am not sure of his height, build or age.

Other than as above I do not wish to say anything further”.

Lindsay Birbeck murder trial at Preston Crown Court - updates