Brown, Brian - Statement

1 2 3 4 5 6 7 8 9 l - ME: O l l BB: EE: TAPED TRANSCRIPT OF BRIAN BURNER INTERVIEW CONDUCTED BY CORPORAL EDWARDS CASE NUMBER - 08-74777 JULY 30, 2008 EE - CORPORAL WILLIAM "ERIC" EDWARDS ME - DETECTIVE MICHAEL ERICKSON BB - MR. BRIAN BURNER 07/30/2008. Corporal Eric Edwards, Orange County Sheriffs Office Homicide Unit, in the room with? Detective Mike Erickson of the Homicide Unit. And.... And? Brian Burner. Mr. Burner, you've come here voluntarily today to assist us in follow up in uh, helping us create our timeline on Caylee's disappearance. And I greatly appreciate that. You brought a handwritten note today. Can I, do you mind if I look at that (inaudible)? Go ahead. Uhm, you've had some time, you were approached by Detective Appie Wells uhm, when was that? Back on the 16th I believe. BB: EE: BB: Uh, it would be the Thursday, Thursday after the, the incident was reported. So the, fif.... Uh, Tuesday, I believe Tuesday night was the first night detectives were out in mid-July. 7/16. Yeah (affirmative), Wednesday night they were.... 12 EE: 13 BB: 14 EE: 15 16 17 18 BB: 19 EE: 20 21 22 23 24 25 EE: 1 Burner, Brian/Case #08-74777/GG I3fc3, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BB: EE: BB: EE: BB: The 15lh they were there and then I talked to Detective Appie on the 17 . So Appie Wells approaches you, or did you approach Appie? Well I... How did that go down? I first notified the Sheriff's Office on the 17th in the morning. I indicated that I had information and they said I had to do a face-to-face. Uh, at that point I was out of town. So that evening when I got back uhm, Detective Appie had my phone number and he met me at my place of employment around three-thirty in the afternoon. EE: BB: EE: BB: EE: Okay. And I gave a statement then. Okay, was that a recorded statement or.... A recorded statement. Okay, super. So this will be statement number two from you. Now what's going to be questioned, and I want to make sure that we explain any questions uhm, is the reason that I've re-approached you, though you provided a sworn statement to Detective Wells already, is because my experience, just like experience, not only law enforcement is as time passes and you have time to reflect on this, uh, you remember things that at, at that particular time you may not have known. That being said, uhm, Detective Wells wasn't actually sure to be able to tell me when it was that, that you reported that a shovel was borrowed by Casey. BB: EE: Correct. I need to get a few questions just knocked out of the way. How long have you known Casey? BB: Uh, almost three years. Burner, Brian/Case #08-74777/GG I3&4 1 EE: And you've probably seen her face-to-face? Yes, spoken with her. Numerous times? Yeah (affirmative). Okay. And what I'm ruling out there is the need to do a photo line-up. No, no need. Okay, you know her. Uhm, the baby. You've known the baby since it was bom, for.... 2 BB: 3 EE: 4 5 6 7 8 9 BB: BB: EE: BB: EE: Since birth. As far as seeing it because she's lived there next door to you for that period of time? Correct. Until all this uhm, missing person's stuff came? Correct. Okay. So she hasn't lived somewhere else, an apartment, and you've observed her come back and visit family? 10. EE: 1 1 12 BB: 13 EE: 14 BB: 15 EE: 16 17 BB: No. She actually lives there? Correct. Okay. Now, you say you took a vacation to Chicago in June. And you took your whole family? 18 EE: 19 BB: 20 21 22 23 24 25 BB: BB: EE: EE: Yes. Okay, you indicated on this calendar here you, you left on the 10th of June. You drove all the way there? Yes. Burner, Brian/Case #08-74777/GG BfcS 1 2 3 4 5 6 7 8 9 EE: And uh, you spent the time in Chicago. Came back home. And you returned home on the 16th of June? BB: EE: Correct. Is that correct? You say that you had the week of the 15th through the 21 st off because you were still on vacation. So you were at your home? BB: EE: BB: EE: Correct. Which is next door to.... The Anthony's. ...Casey's address. Yes. The Anthony's? Okay. Now you say that uh, you got home on the 16th about what time? 10. BB: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BB: EE: BB: EE: BB: EE: BB: EE: EE: Around 6:00 p.m. 6:00 p.m. So the day was done? Yes. No observations that you can recall because you were spent from driving so long you said? Yes. Okay. Tell me about you had just said that kind of, the 17th was kind of a couch day. Yeah (affirmative). And you made some observations on that day that maybe uhm, you want to be known now as far as you say Casey's car visited the address. Uhm, can you tell me about that? 4 Burner, Brian/Case #08-74777/GG I3&fe 1 2 3 4 5 6 7 8 BB: Uh, I just briefly noticed that she had backed in and practically one time that I'm uh, really aware of. EE: BB: EE: BB: EE: BB: EE: On the 17th? On the 17th. And you recall that because.... Uhm.... .. .that's your down day? You're on the couch? That's my down day, yeah (affirmative). Now explain to me how it comes, you can see the roadway you said from the couch. 9 10 11 1 BB: Right. I could see the roadway and she, when the direction she came in order for her to back in, she had to angle to the opposite side of the roadway and, and the whiteness of her car just had caught my eye. And I noticed that she was backing into the garage. 2 13 14 15 16 17 18 19 20 21 22 23 24 25 EE: BB: EE: BB: EE: BB: EE: BB: EE: BB: Now I asked you if the parents were home at that time and you stated? I, I, I don't believe so. And why is that? Because generally the parents parked in the garage. So if she backed in, to me that would indicate the garage was empty. And both cars were gone? Correct. Okay. But you don't know for certain.... I don't.... .. .whether or not they were there? There could have been just one vehicle in the garage, but.... 5 Burner, Brian/Case #08-74777/GG I serf 1 2 3 4 5 6 7 8 9 EE: BB: EE: BB: EE: BB: EE: BB: EE: But she did back into the garage? Yes. Okay, that's the 17th? Yes. Now the 18th or the 19th you can't really knock down which one with certainty. Right. But you know that one of those two days you did yard work at your place? Right. Tell me about all that again. I know, I'm sorry for the redundancy. That, that's alright. But... Oh, yeah (affirmative), I was doing my yard work and I was in front. Uh, I had already mowed. I was using a, a weed blower and blowing off the grass. And Casey had approached me and asked me if she could borrow a shovel. She you know needed to dig up a; a bamboo root she had been tripping over. 10. BB: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EE: BB: EE: BB: EE: BB: What time of day was this? Uh, approximately one-thirty in the afternoon. Okay. Uhm, I proceeded to walk around my house to my shed and uh, gave her a shovel I had. And then she, I followed her back out front and she walked into her garage. And at that point her car was backed in. I didn't see her back in, but it was already backed in and her, their garage door was open. She walked into the garage and I proceeded to finish blowing off the grass clippings. And then went to the rear of my yard and blew off the grass clippings, at which point then I walked back out the front to see by chance maybe she was coming back with the 6 Burner, Brian/Case #08-74777/GG 13&6 1 2 3 4 5 shovel. And I could see the garage was still open and the car was still there. So I proceeded to lock my gate and my shed and then we info my house and told my son that uhm, Casey had borrowed a shovel. And my children don't generally open the door. So I said I, I need to take a shower. So if someone knocks at the door and you can see it's Casey go ahead and, and open the door and, and get the shovel from her. EE: BB: Okay. So you finish your shower? Finish my shower. It was uh, right around two o'clock. And I came out of my, uh, my bedroom and asked my son if Casey had came back and he said no. So okay, so I just proceeded to watch TV. And then it was approximately around two-thirty when Casey knocked at the door, returning the shovel. EE: And from Appie's interview the first time they had already asked you about her clothing, and if it.... BB: EE: BB: EE: BB: EE: BB: EE: BB: EE: BB: EE: Yeah (affirmative). .. .appeared that she had changed clothing? Uhm, it didn't appear that she uh, changed any clothing. Very.... She didn't.... Very calm you said? Very.... Calm, just normal, normal Caylee. No sweat.... Casey, normal Casey. ...on brow? Normal Casey? Yeah (affirmative). No sweat on brown or nothing? 6 7 8 9 I o II 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 7 Burner, Brian/Case #08-74777/GG ISfet 1 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BB: No sweat. She wasn't, didn't appear to be muddy or the shovel wasn't even muddy. EE: But you do say you recall seeing a, a ring, a dirt mark on the shovel? BB: Dirt mark, which may have.... EE: Which could have been there? BB: ...been there before. EE: Okay, so the shovel may have not even been utilized uh, above and beyond where you had... BB: Right. EE: ...utilized it in the past? BB: Right. EE: Okay. Nothing that stands out like uh, sopping mud.... BB: No. EE: ...or a big, okay. BB: Yeah (affirmative). EE: It was clean enough to carry from your foyer into the garage without making a mess? BB: Correct. EE: Okay. Now when, when you carried that shovel, and you placed it in the garage, from the point of that time to where it was provided to law enforcement on the 17th of July, had you used that shovel again? BB: Nope (negative). EE: Had anyone in the family that you're aware of used that shovel again? BB: Nope (negative). EE: Okay, so that was just turned over to police? 8 Burner, Brian/Case #08-74777/GG 13^0 1 2 3 4 5 6 7 8 9 BB: Yes. EE: Okay. The 20th. June 20th, you say again in the early afternoon hours, tell me about what occurred on that day? BB: The same situation. Uh, at one point I saw Casey back up into the garage. Uhm, it was just that one point that I noticed. EE: BB: EE: BB: Do you actually see her in the car, or just the car? Just the car. Just the car? Yeah (affirmative). So the child could have been with her? You wouldn't know? Yeah (affirmative), because she... You just saw the car? .. .has a two door, so it. Okay. And at, at, at any point out of this, my whole week, or her getting the shovel, I not once did I see the child. EE: You never saw Caylee? No. Okay. But these visits to the house, you, you know the car was backed up? The car. But you can't say that was Casey driving that car? Correct. Okay, cool. Yeah (affirmative). I just want to get... 10. EE: 1 1 12 13 BB: EE: BB: 14 EE: 15 BB: 16 17 18 BB: 19 20 21 22 23 EE: BB: EE: BB: EE: 24 BB: 25 EE: 9 Burner, Brian/Case #08-74777/GG UMI 1 2 3 4 5 6 7 BB: EE: Yeah (affirmative). .. .clarification on that. So now the 7.. .week of the, week of the uhm, 15th here in June, you're, you return home about six o'clock on Monday, the 16th? BB: EE: BB: EE: Yeah (affirmative). With the family. The 17th is kind of a loaf around day? Yup (affirmative). But you do recall seeing the car return to the address and posture as if it's going to back into the garage? 8 9 BB: Yeah (affirmative). Did you actually see the front of the car again on that date in the garage? Do you know for certain? 10. EE: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BB: BB: EE: EE: BB: EE: BB: No. I just merely see her back in. Backing in? Uhm, as a timeline of how long she was there, I haven't, just I noticed her going in. Okay. 17th or 17th leads up to either the 18th or the 19th; not sure. She borrows a shovel. Uhm, once again backed in. So that would be the second time you know she was backed or came into the.... Right. Alright, the third time would be June 20th. Again she returns and backs towards the house. You said something that was pretty interesting to me. You, you, you said to your wife, you speculated as to why she may be doing that. Can you tell me about that? Uhm, as yeah (affirmative), when, well the following week then, the week of the 20.. .23rd, 24th, uhm, through the course of the weekend I didn't, I didn't see the 10 Burner, Brian/Case #08-74777/GG 1^2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EE: BB: EE: BB: EE: BB: EE: BB: EE: BB: EE: BB: vehicle at all. And then I was just kind of curious of you know, she wanted to borrow the shovel because I, I was, I kept seeing her back in and out and I was just thought well maybe she's moving out. And through the course of the weekend, the 21 st , 22nd, when I didn't, the car wasn't there at all, I said, well maybe she moved out. And once the incident came about with the gas, then I was like well, you know if she moved out and she wasn't there why would she be concerned with a bamboo root? Tell me about the incident with the gas. Uhm, basically all I know is that George had approached I believe my son at my house, just to give us an FYI that you know, someone had broke in his shed and, and stolen some gas. Which at that point my wife went outside to check our external shed and it was still locked. That was either Monday or Tuesday, the 23rd or 24th? I believe that was Tuesday. It was the, uh, whatever, the same day he filed a police report. Okay. Well... Which was with the Orange County Sheriff also. Unknown person... Correct. .. .enters and takes gas in, in George's shed? Correct. Which now he's reiter...reiterating on now. Yeah (affirmative). Which what he said on TV last night, that he knows who did it now. But I don't, I don't know anything about that. 11 Burner, Brian/Case #08-74777/GG 1303 1 2 3 4 5 6 7 8 9 EE: Okay. Did you ever see uh, from that point on did you ever see an exchange, or did you ever see Casey back at the address that week from the 24th to the 28th? BB: No. EE: Never? BB: Not to my recollection, no. EE: Well, okay. Have you seen from uh, anywhere from the, so the last time you would have seen Casey's car was on the 20th of June? BB: Right. EE: Have you seen it.... Now.... ...since? 10 BB: 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EE: BB: No. And I thought she was there the 23rd. But I didn't, in my, in my head I thought I saw a pick up truck. But I just, and I remember hearing her voice. And I don't, uh, I don't, I don't know if any.... EE: What color was the pick up truck? BB: I was thinking green, but it just didn't uh, it didn't pay any mind, it was, I, I may have been pulling into my, pulling into the driveway. It was just as, like a split second that, you know, I noticed, I heard her. I can't remember if I saw her walking into the garage. EE: Just take a deep breath then. Close your eyes, and without even saying a word to me, if you don't mind, entertain me on this. Relive that in your mind's eye over and over until you think you have it ratcheted down. Take your time. Because that's pretty significant. And that's the first time you've mentioned that to me. BB: I, uh, I, I picture a pick up truck. And I picture a male, but I don't.... EE: Have you ever seen that male before? 12 Burner, Brian/Case #08-74777/GG I3