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Eloise Anderson
Pre-Trial Evidentiary Hearings February 24-25, 2004
Direct Examination David Harris: Miss Anderson, I want to kind of focus your attention real quick, and ask you if you can tell the Court your background and experience level with being a dog trainer. Eloise Anderson: I started working with dogs, training dogs on a professional level in 1982. Spent about nine years training competition obedience dogs, and hunt test dogs for American Kennel Club titles. And, in 1991, I started, actually, in 1990, I started training dogs for search and rescue. I have trained dogs in area search, cadaver search, water search, evidence search, and trailing. David Harris: With regards just trying to speed this up, if I could have marked as People's next in order, I believe it would be number 11. Miss Anderson's resume. Judge Delucchi: People's Number 11. David Harris: It's Bates stamped 25342. Judge Delucchi: CV? David Harris: Yes. Judge Delucchi: Mr. Harris, I assume you have a copy of that. Shephard Kopp: I have it, your Honor. David Harris: Miss Anderson, I'm going to provide you what's been marked People's Number 11, ask you to look at that real quick. Is that your resume? Eloise Anderson: Yes. It is. David Harris: And just going through that real briefly, you are telling us about your area of experience in training dogs. Have you also been a dog handler? Eloise Anderson: I have been a dog handler and dog training in all of those areas that I mentioned, yes. David Harris: Going through this just real briefly, do you also work with the Contra Costa Sheriff's Department Search and Rescue team? Eloise Anderson: Yes. David Harris: And what do you do with them? Eloise Anderson: I'm a dog handler in cadaver and trailing for the Contra Costa County Sheriff's Department. David Harris: To do that for both the cadaver and the trailing, do you have, you and your dogs have any certifications? Eloise Anderson: Yes, we do. We have certifications and annual recertifications every year. David Harris: And, again, just to talk about this particular case, referring to the two dogs in question, that would be Twist and Trimble? Eloise Anderson: Correct. David Harris: Twist is the cadaver dog? Eloise Anderson: Correct. David Harris: And Trimble is the trailing dog? Eloise Anderson: Correct. David Harris: Now we know which dogs we're talking about. I want to talk about your using those particular dogs. Besides working with Contra Costa Sheriff's Department, do you also have any certifications with those particular dogs to the Office of Emergency Services here, CARDA? Eloise Anderson: Both dogs are certified with CARDA, Trimble as a trailing dog, Twist as a cadaver dog. And actually Basic Urban Disaster Dog. And Twist is also certified through the Office of Emergency Services as a cadaver dog. David Harris: Can you tell the Court briefly what you have to do to get a trailing dog, and a little bit more on the cadaver dog, what you have to do to get them certified with CARDA? Eloise Anderson: With CARDA, may I look at my signup sheet? Judge Delucchi: Sure. Miss Anderson, if you would move closer to the microphone. I'm not sure everybody can hear you up there. Same goes for me. Eloise Anderson: Basically for the cadaver dog, if you are certifying a dog with CARDA, strictly as cadaver Twist was originally certified as an area search dog. Judge Delucchi: As what? Eloise Anderson: An area search dog. Judge Delucchi: An area search dog? Eloise Anderson: Yes. David Harris: What does that mean? Eloise Anderson: An area search dog is a dog that is trained to go out and indicate any live human scent within a specified area. We're given assignments where they may, say, ask you to go out and clear 20 acres of parkland, or something like that. Your dog is trained to indicate any person that they find out within that search area. David Harris: And is that something that's fairly standard to be called out by the Office of Emergency Services? Eloise Anderson: Yes. Through, CARDA or through your county agencies, yes. David Harris: And with regards to Twist, did at some point in time get another certification in the area of being a cadaver dog? Eloise Anderson: Yes. It's a separate certification. What I meant, there was a dog that starts out with area search, has specific things that they have to do, so far as sociability, so far as obedience, and things of that nature. So far as agility and training and signoffs like that. And then when they do cadaver, they have additional signoffs specific to the cadaver discipline. David Harris: What are the additional signoffs that you and the dog have to go through to receive, to become certified by CARDA in the field of cadaver search? Eloise Anderson: Okay. They have to do some basic obedience, basic social exercises. Their cadaver scent exercise they have to do a signoff. Judge Delucchi: I can't hear you, Miss Anderson. Eloise Anderson: I'm sorry. These are all done by the handler, does not know where these sources are. They do a surface blood source. They do a buried cadaver scent. They do a cadaver hanging source. They must find a cadaver source within a interior environment. They also, I'm sorry, have to have animal remains distractions in one of those signoffs to determine that the dog will not alert on animal remains. David Harris: So we're clear about that, for the CARDA certification for cadaver, when Twist is doing this, Twist has to find the human remains and not be distracted by animal remains? Eloise Anderson: Correct. David Harris: And was Twist ultimately successful, and did you receive the certification? Eloise Anderson: Yes. David Harris: With regards to Trimble, did Trimble also go through the certification signoff process through CARDA? Eloise Anderson: She did. David Harris: And what are the, are these trails lengthy trails, or time period type of trails, the dog has to be signed off to be a trailing dog for CARDA? Eloise Anderson: Above and beyond the basic obedience and agility, again, that the dog has to do, yes, they have timed trails, or aged trails, that are specific ages that the dog must complete in order to take their certification test. David Harris: And what are the ages that they had to complete? Eloise Anderson: There is a 48‑hour‑old trail, a 72‑hour‑old trail, and a 96-hour-old trail. And then their test is, I believe 18 to, 20 or 18 to 24 hours, I believe. Judge Delucchi: Excuse me. Can I, are there any aged trails for cadaver dogs? Eloise Anderson: No, because the dog does not trail. The dog just works to a specific scent source. Judge Delucchi: So it could be six months old? Eloise Anderson: Correct. Correct. And we have worked dogs on many years old. Judge Delucchi: Okay. David Harris: With regards to Trimble, did Trimble complete the 48, 72 and 96 hour signoffs? Eloise Anderson: Yes, she did. David Harris: And was she successful in getting her certification? Eloise Anderson: Yes, she was. David Harris: You were talking about your association with Contra Costa Sheriff's Department, mentioning that you were a handler for them. What does that mean to be a handler? Eloise Anderson: It means that I handle my own dogs with which I have certified, usually through CARDA. We use the CARDA certifications. Our county accepts the CARDA certification. Means that I am certified to handle that dog for Contra Costa County. David Harris: And that applies to both Trimble and Twist? Eloise Anderson: That's correct. David Harris: Again, cadaver and trailing? Eloise Anderson: Correct. David Harris: Have you also worked with associations or organizations in the area of dog training, or search and rescue? Eloise Anderson: I have taken seminars in the areas of dog training. I have taken cadaver seminars with Twist. I have also taken trailing seminars with Trimble. David Harris: I want to direct your attention to the, what is the California Rescue Dog Association? Eloise Anderson: California Rescue Dog association is CARDA. It's a statewide association of search and rescue dog handlers. The basic standards that must be met in order for the dogs to be certified in search for CARDA. David Harris: Have you served as training for CARDA? Eloise Anderson: I am a training adviser for CARDA, that's correct. David Harris: What does that mean? Eloise Anderson: It means that I have met the requirements of experience with dog handling to evaluate other dogs in the area in specific disciplines. Area search, cadaver, water, and trailing. David Harris: Does that mean that, for all practical purposes, that CARDA recognizes you as somebody that is an expert in the area of dealing with search dogs? Eloise Anderson: I would believe so, yes. David Harris: And for CARDA, strike that. What is Wilderness Finders? Eloise Anderson: Wilderness Finders is another organization similar to CARDA. I don't know what their standards are. I have trained with some of their handlers. I don't know exactly what their standards are. David Harris: Looking at your resume, People's Number 11, you indicate on there that you have done over 100 certification tests? Eloise Anderson: That's correct. David Harris: Is that you, or that you are conducting tests of other individuals? Eloise Anderson: That's me conducting tests of other individuals. David Harris: You were, also something and here indicates a Certified Search Manager. What does that indicate? Eloise Anderson: Means that I attended the Managing the Search Function class sponsored by the Office of Emergency Services for California on basic search management plans and operations, the running of a search. David Harris: Were you to do that or conduct that, do you have to be an experienced search and rescue team member? Eloise Anderson: I believe, I'm not sure exactly. I was a member of search and rescue teams while I was in the class. I think you do need to be a member of a search and rescue organization in order to attend the class. David Harris: Okay. You started to tell us a little bit about courses that you have taken. Do you, as part of this process with Contra Costa Sheriff's Department, or with CARDA, do you continue to go to courses or seminars and learn things? Eloise Anderson: I couldn't hear the last part of the question. David Harris: Do you continue to go to courses and seminars to learn things? Eloise Anderson: I do, yes. David Harris: Are these classes or seminars, are they in class, or do you go out and actually do practical work? Eloise Anderson: They are actually a combination. We will have lectures, we will talk about scent theory, we will talk about dog behavior. And then we will actually also apply, these are courses that I have attended with my dogs. David Harris: In your twenty years of experience, approximately twenty years of experience in training dogs, would you say that you know how to train a dog for search and rescue? Eloise Anderson: Yes. David Harris: And the dogs that you have, Twist and Trimble, would you say that they are trained for their specific functions? Eloise Anderson: Yes, I would. David Harris: Now, going through some of the courses that you have taken, both with, let's try to break this up a little bit. Talk about Trimble first. Can you tell the Court briefly some of the practical courses that you have taken with Trimble? Eloise Anderson: She has attended several seminars. Could you explain specifically maybe what you are looking for, practical? David Harris: I'm looking at the first page where you have a half a page of seminars and certifications. Eloise Anderson: Right. David Harris: On there, can you explain to the Court what some of those are with regards to Trimble? Eloise Anderson: With regards to Trimble, the Urban Trailing seminar, which is at the top of the resume, was a seminar that was held in Chico, where the focus was on running trails in an urban situation, where you have to deal with traffic, you have to deal with changes in the scent conditions because of environment, and because of the traffic. Where you have to deal with how, working on asphalt versus working in vegetation impacts the scent picture for the dog. David Harris: All right. Did Trimble have any, did the two of you go to any more courses? Eloise Anderson: Yes. We recently attended a seminar, in fact just last October, in Texas. It was a bloodhound only seminar. Trimble was allowed in because she was Merlin's friend. They dealt with very different scent pictures. We had cactus, we had different terrains that she had to deal with, and we work in. Also some interior environments, working a trail through a court building. Judge Delucchi: Is Trimble a bloodhound? Eloise Anderson: Trimble is a Labrador Retriever. Judge Delucchi: Labrador retriever. David Harris: Going to ask you about that. You indicated that Trimble was Merlin's friend. Eloise Anderson: Yes. David Harris: Is Merlin one of the dogs owned by another handler that you work with? Eloise Anderson: I'm sorry. Merlin is a bloodhound owned by Cindee Valentin. Cindee and I are on the same search team. We train together, and we attended the seminar together, which was part of the reason that they allowed Trimble to come to a bloodhound only seminar, because she had received the same level of training as the bloodhounds, and was at the same level of experience as the bloodhounds, and so they deemed her eligible to attend the seminar. David Harris: Going down the list. Any more training for Trimble? Eloise Anderson: She attended a seminar in Kansas in 1999. She also attended a seminar in Los Angeles in 2000, I believe it was. And then she also attended a seminar here in California in 1999. Similar parameters. Talking about scent conditions. Talking about the environment, and how it impacts the scent. And then practical trails in those environments. And then also interpretation of the trails afterwards. David Harris: The interpretation of the trails afterwards, is that something that is the training aspect of the handler working with the dog for a long period of time? Eloise Anderson: Correct. And what we do, many times is, somebody will run with us, because there are times when you are so focused on the dog that you may miss a subtlety that somebody else may observe, and so we use that as a training procedure, training technique. David Harris: When you are talking about Trimble going to these seminars, these are, again, practical ones, not just classroom? Eloise Anderson: That's correct, they are all practical. David Harris: Moving on to Twist, just staying with this particular area, can you tell the Court about some of these courses or seminars or classes that you and Twist have attended? Judge Delucchi: What kind of dog is Twist? Eloise Anderson: Twist is also a Labrador Retriever. Judge Delucchi: Another Lab. Okay. Go ahead. David Harris: If you could explain to the Court classes that you attended with Twist. Eloise Anderson: The cadaver classes that we have attended, that I attended with Twist are very similar to the trailing. There is lecture, talking about different scent, different scent conditions, in different environments, and then practical scenarios set up with animal distractions, with different levels of sources, so far as level of decomposition, or anything of that nature, and practical application, and then evaluation of the dog. David Harris: So, again, it's that process. They give some lecture, then you and the dog work together and kind of hone your skills as a team? Eloise Anderson: That's correct. David Harris: Switching gears a little bit to Trimble. In your assignment with Contra Costa, and also with the certification process with CARDA, do you have to maintain and train your dog? Eloise Anderson: Yes, we do. David Harris: And when you train your dog, do you go out and run trails? Eloise Anderson: Yes, we do. David Harris: And running trails, that's where you put the dog on to a track, give them some article to scent, see where they go? Eloise Anderson: Yes, that's correct. David Harris: In your experience with Trimble, since we're talking about Trimble, is there any distinction between, is it he or a she? Eloise Anderson: Trimble is a she. David Harris: Is there any difference in the ability of Trimble compared to Merlin? Eloise Anderson: None that I have observed. They have different styles, they are different dogs. Styles, as in they have different ways of working out problems that they find or encounter on the trail. But so far as capability, I have not found any difference in ability, what they can work, way they work, I haven't really observed any differences. David Harris: You indicate that Miss Valentin is on your team, and the two of you train together. That means that the two of you with your dogs go out and work these practice assignments? Eloise Anderson: Correct. David Harris: And when you do that, your dog, her dog, go out to set up practical exercises? Eloise Anderson: Usually what we do is we get volunteers from the team to go out and lay trails. We determine how old the trail we want the dog to work. We tell them what parameters we want to work with. Do we want to work in an urban environment. Is there something specific that we want to work on. So we will set the trail in that fashion, and then we will run the dogs on the trails. <evening recess>
Wednesday, February 25 David Harris: Ms. Anderson, we were starting to talk about the individual training of practice or trial runs with Trimble. Before we get into that, I wanted to touch base briefly on your experience. You had indicated that you had 20 years of experience as a dog handler and trainer. Part of that time have you been doing this professionally for money? Eloise Anderson: For about the first nine years of that I was a professional dog trainer with Arydith Obedience School. Worked for them training competition level obedience dogs. David Harris: When you talk about competition, you mentioned yesterday some of the categories, something about field trials and hunt trials? Eloise Anderson: Hunt test. The hunt test training was not affiliated with the obedience school. I titled dogs. In other words, I put an AKC title on dogs, on my own dogs, and assisted people in training their dogs, to put hunt test titles on their dogs. And then I worked for the obedience school to train dogs to achieve AKC titles. I trained them at the novice level, the open level and the utility level as a utility trainer. Basically your bachelor's degree, master's degree, Ph.D degree level, sort of. David Harris: Go through this a little bit and explain some of those things. What is a hunt trial? What does a dog do? Eloise Anderson: A hunt test is set up to simulate hunting conditions. For somebody that wants to hunt with their dog, this is an opportunity to put an AKC, American Kennel Club title on their dog at, in more realistic hunting situations as opposed to the American Kennel Club field trial titles, which are not as realistic from a hunting scenario goes. And require a much, much higher degree of training. David Harris: And the field trials, did you also train dogs for that? Eloise Anderson: I did not train for field trials, no. David Harris: Now, you were, you were saying for the first nine years and in the last part, about the ten years, you've been working almost exclusively with search and rescue. Do you continue to train dogs in the area of search and rescue? Eloise Anderson: I do continue to train dogs in search and rescue, yes. David Harris: Getting back into that, in the dog training dealing specifically with Trimble that you were starting to talk about yesterday, as part of the CARDA process, or your association with the Contra Costa Sheriff's Department search and rescue team with Trimble, do you constantly train Trimble? Eloise Anderson: Yes, we constantly, we train on a regular basis. David Harris: And when you go through this process of training, this is where some trail is laid and the dog is taken out try to run this trail? Eloise Anderson: That's correct. David Harris: I want to direct your attention to some, give the judge some of the background of your experience with Trimble and looking at training conditions. Directing your attention to page 134 of your training logs, so that would be for November 23 of 1999, Bates stamp number 25741. Looking at that particular training exercise with Trimble, can you explain that to the court, what was going on with that? Eloise Anderson: This was a trail where we set it up. It was a trail that was stretching the training parameters that we had done with her before. And so we didn't know for sure if she would be able to do this trail. We do things of that nature on, I wouldn't say regularly, a regular basis, but we do stretch them; can they do this. We wanted, if they can or they cannot, we need that in our training records so that we know, if we are faced with that on a search where we don't know where the trail goes, or something of that nature, then we know a better idea of what the dog's limitations or assets are. This was a trail that was started at a junior college in Pleasant Hill. The trail was laid up to a kiosk in the junior college, and then down and straight across a main parking lot that was probably a hundred and 50 yards straight across, hit a grass median, went down the grass median about a quarter to a third of a mile to a main intersection, crossed the intersection and came back up about an eighth of a mile to where the person was hiding in a park next to a shopping center. Between the time the trail was actually laid and the dog actually ran the trail, we had heavy rains, very similar to what we're having today, which made me question whether she was actually going to be able to do the trail. And she did it. She did it very nicely. David Harris: How old was this trail? Eloise Anderson: This trail was five days old. David Harris: So even with a five day old trail, with heavy rains, the dog was successful in finding the person at the end of the trail? Eloise Anderson: That's correct. David Harris: Just for the purpose so we're clear on the record, for these training exercises, do you make that individual sit in the same spot for five days? Eloise Anderson: No. That individual comes in, say, a back way so that, unless we want to have a fresh trail intersect the older trail, we make sure that the person comes in from a back way where the dog has no opportunity to find the fresh trail. David Harris: And, Judge Delucchi: How, excuse me. How does your dog alert? Eloise Anderson: My dog does what one would call a hold and bark. She comes up, she'll tag the person with her nose, and then she'll stand off and bark at them. Judge Delucchi: Okay. Go ahead. David Harris: When you're running a trail, just kind of save some misunderstanding that we had yesterday, is the dog placed in a harness? Eloise Anderson: The dog is placed in a harness and worked on a line that can be anywhere from 15 feet long to about 20 to 30 feet long. David Harris: And when you're saying "line" that's like either a lead or a leash? Eloise Anderson: Yes. I use the term, for me personally, I use the term "leash" to mean something that I'm going to lead the dog, well, generally no longer than six feet. I say her trailing line is the line that I actually work her and put on her harness when I say let's go to work. David Harris: And in terms of, part of these training exercises with the dog, is that also for your benefit as well? Eloise Anderson: That's correct. David Harris: And why do you need to work with the dog? Eloise Anderson: Because different dogs have different, different ways of solving problems on the trail. If the scent is diluted down from a lot of traffic going through or from a lot of foot traffic going through, or if they go past a turn and have to work their way back to a turn, then by, we work with the dogs in such a way that we learn how the dog responds in those given situations. David Harris: In a sense, do you learn how to read your dog's behavior? Eloise Anderson: That's correct. David Harris: Is the only factor that you look at when you're determining if the dog is making the, the proper trail, is if it's pulling on the leash? Or do you look at the dog's behavior while you're following the dog? Eloise Anderson: That's correct. David Harris: In, Mark Geragos: Objection. Mr. Kopp: Objection. Nonresponsive to the question. Eloise Anderson: Maybe I didn't understand, I'm sorry. Judge Delucchi: Okay. Read the question back. (The last question was read back by the reporter) Judge Delucchi: That's sort of a compound question. Maybe you can rephrase. Eloise Anderson: Yeah. David Harris: I'll try it again. Do you, when you're doing these exercises, and part of learning, your training working with the dog, are you watching the dog's total behavior in addition to whether it's pulling on the line or not? Eloise Anderson: Yes. I am. David Harris: What type of behavior, if you can describe it, does your dog exhibit when it's working on the trail? Eloise Anderson: When my dog is on a trail, she does what I call lining out. She's at the end of her line, she has a steady pull on the line, her head is level. Her whole body, her whole top line is level, and she's driving straightforward into the harness. David Harris: Now, as the dog starts to work through a problem, as you're describing, that maybe an area that's been diluted, and you say the dogs work through these problems, describe your dog's behavior when it's doing that. Eloise Anderson: If she comes to an area where the sent is diluted or where she's missed a turn and loses scent, her head will come up, she'll circle back around, she'll try to work out where the scent may have gone and come back around. When she picks up the scent again, she will again drive forward in the harness and level her head out and go with the scent. David Harris: Now, moving on to the next training I want to talk to you about, page 49. That would be on December 30th, 2001. Eloise Anderson: Page 49. David Harris: Page 49. Bates stamp number is 25656. Can you describe for the court what this particular training exercise was about? Eloise Anderson: This particular training exercise had a, her subject, or the subject for the dogs, rode his mountain bike from Walnut Creek to the Dublin BART station, got on the BART station, went home. When we ran the trail, he came back via BART and waited in the BART station for the dogs to come in and find him. We, I started my dog at the beginning of the trail, ran her for a couple of miles, Judge Delucchi: Where was the beginning of the trail? Eloise Anderson: The beginning of the trail was in, off of Shadelands Drive in Walnut Creek. Judge Delucchi: Okay. Why did you select that particular place. Eloise Anderson: She had to work a short distance of traffic area where cars actually had access, and then she immediately hit the bike trail. Judge Delucchi: Okay. Eloise Anderson: So that we didn't have to deal with managing traffic. Judge Delucchi: Okay. Eloise Anderson: At training, it's very difficult to manage traffic on a search. They stop the traffic. Judge Delucchi: Okay. Eloise Anderson: In a training we have to manage the dogs through the traffic. David Harris: And how old was this track? Eloise Anderson: This trail was 96 hours old. David Harris: The dog run it to the end of the trail? Eloise Anderson: She ran it until I stopped her. We put her in a crate, took her to another point, asked her to find the trail. She picked it up again. Actually, I made a mistake. The hand, the person that was at the end of the trail drove to the BART parking lot, because when we got, when we drove to the BART parking lot, we drop‑trailed the dog three or four times. She ran each time, one to two miles, and then we picked the dog up and took her to the subject's vehicle, and she trailed a fresh trail from the vehicle into the BART station to the subject. David Harris: What was the total length of this trail? Eloise Anderson: The total length of this trail was approximately 22 miles, as I recall. David Harris: You know, going to page 48 of your, your training materials, Bates 25655. While you're finding that particular place, I want to ask you, is part of the training protocols that you have to try and train your dog in different weather conditions, different locations to find out what the parameters are the dog can work in? Eloise Anderson: Yes. Yes. We try to put them, that's one reason I've traveled out of state. She has different climates, different terrain, different environmental factors that she may not have to encounter or may not encounter in California. And so it's a good test to see what she can deal with, do these, how important are these factors in her ability to trail. David Harris: You know, on the previous example that we're just talking about in the training, you're saying it was a bike trail? Eloise Anderson: Correct. David Harris: Is the subject that's the, that's leaving the trail actually on a bike? Eloise Anderson: That's correct. There was no what we call contact trail. I believe in one, at one point he stopped and got a soda or a cup of coffee, but that portion of the trail was not a portion of the trail that my dog ran. David Harris: Looking at the 48 one, on November, excuse me, January 19th of 2002, the, can you explain to the court what this one is? Eloise Anderson: This was, as I recall, and I would have to go back and read more thoroughly, but I believe this was the first actual vehicle trail that we tried with the dogs. And we wanted to see if we can do, maybe it was the first freeway trail we tried with the dogs. I would have to go back and double‑check, but this was a freeway trail. The dog, the subjects parked their cars on a side road, drove out the side road straight up onto the freeway through a four‑way intersection. And on this, on this trail we did have county vehicles with us to monitor traffic. What we wanted the dogs to do was commit to the freeway entrance, get up on the freeway. We would then stop the dog, put them in the vehicle, take them to maybe 50, 75, a hundred yards from, from the next or before the next freeway entrance, drop the dog out, re‑scent the dog and see if they would take that exit or if they would continue on the freeway. We did that for three exits, and at the third exit the subjects were instructed to drive down the exit, turn right, park their cars, and when they knew the dog was at the end of that exit, they were to go out and start walking down the sidewalk so that the dog could tag them as if they were just a pedestrian walking down the sidewalk. David Harris: Looking at the previous page, page 47 in your, in your book, January 19th of 2002, can you describe for court what that particular training exercise was? Judge Delucchi:: I have the vehicle trail with the dog on January 19th, 2002. Eloise Anderson: There were two trails on January 19th. Judge Delucchi: There were two trails. Okay. Eloise Anderson: Page 47 is the, Judge Delucchi: Okay. Go ahead. Go ahead. Eloise Anderson: That was what we call a wilderness trail. And my goal in this trail, because it was a six day old trail, was to look at how well she handled a six day old trail. Again, this was a bike trail. Part of this trail was bike trail, part of this trail was contact trail, because they were some hills that were steep enough that the bike rider walked up the hills. And the goal here was just to look at how she handled the age. We also, this was an area where she had done trails before on this particular subject. It had been many months, so she would not be expected to pick up the subject on the, excuse me, from previous trails. And this trail turned off of his main riding trail so that she had to make a decision to leave anyplace where she might have a little bit of scent going forward, but stronger scent going to her left. And she took the trail, the correct trail up the hill. The only place where she had trouble was we had had some warmish, unseasonably warmish weather, and there was an intersection at the very top of the hill where she was working, and some of the scent when she got to that area, there were, there was no shade, there was no place, it was, and it had dried out quite a bit, and she had been working a lot of damp scent along the trail, so it took her a few minutes to kind of work that intersection, figure out that she needed to go down the hill. Once she started down the hill and started hitting some damper areas again, she drove a little harder into her harness. She went further down. Her subject was walking up the hill towards her. It was dark by that point. She didn't see him. She didn't recognize him. When she got past him, she then recognized the scent because the scent was flowing down the hill, turned around and tagged him. David Harris: Now, you talked about a couple of different things and I want to go back and explore with you. You talked about an older trail or older scent and fresher trail, fresher scent. Eloise Anderson: Correct. David Harris: Are the dogs trained to try and identify the freshest scent? Eloise Anderson: That's correct. We teach the dog if you run across the fresher scent, you're to take that fresher scent. David Harris: And, Eloise Anderson: And it could be stronger scent. We try to call it stronger scent. 99.9 percent of the time the stronger scent is the fresher scent. Judge Delucchi: One question. You were saying how the dog would handle age with respect to this wilderness trail. Eloise Anderson: Correct. Judge Delucchi: How old was the, the scent that was, Eloise Anderson: This was a six day old trail. Judge Delucchi: Six day old trail. Eloise Anderson: Correct. David Harris: Moving to March 9th of 2002 of your training log. Page 40. How old was the age of this trail? Eloise Anderson: This trail was 14 days old. David Harris: I'm sorry, I couldn't hear you? Judge Delucchi: 14. Eloise Anderson: 14 days old. David Harris: And was the dog able to work this particular exercise? Eloise Anderson: Yes. She was. David Harris: Bates stamp 25647. Going to April 7th of 2002, page 36 of your log. Can you explain to the court what you and Trimble were working on at this particular exercise? Eloise Anderson: This was a bike trail. There were two bike riders. One of them was a person that she had worked before. One of them was a person that she had never worked. We, this was four and a half days. The person that initially rode the trail with her subject also was one of the two bike riders mentioned here, who made public contacts while we were running the trail, so that she had to deal with the fact that this person was on her trail, this person was not the person she was looking for. And she had no problem with that. She followed the trail accurately to the person that she was looking for. David Harris: In the training sense, do you call these distractions? Eloise Anderson: I guess I would call it a distraction. If I put the person in the middle of the trail, say she works a quarter of a mile and then runs into that person, I call them a decoy. David Harris: Okay. Eloise Anderson: To see how she deals with that, does she go, Yeah, Hi, back to work. And that, and I have done that also with this person, where she has gone up, acknowledged his presence, and gone right back to work. David Harris: So you train, this particular dog, Trimble, is trained with either of these distractions or decoys, and it's your experience that Trimble is able to continue focusing on the trail she was supposed to be working? Eloise Anderson: Trimble is very consistent with focusing on the trail she's supposed to be working. David Harris: Going to page 32, May 18th, 2002. Was this another bike trail? Eloise Anderson: Correct. This was another bike trail. David Harris: So when we're talking about a bike trail, this means that the individual is not making any contact with the ground? Eloise Anderson: That's correct. And in this particular area, actually on this particular trail he did make, because he was riding with another person, he and the other person stopped and sat at a bench for a few minutes and then rode on, but other than that, this is a fairly flat terrain area, so that that was the only place where they actually made contact. And the rest of it, the rest of the trail was riding trail. David Harris: And why is it that you try and train the dogs, particularly Trimble in this case, to follow a subject on a bicycle? Eloise Anderson: Because I think on, a person on a bike takes away the contact scent trail, and I think, particularly in Contra Costa County, we work a lot of urban trails. A lot of our searches are urban trails. Urban trails are more difficult to work than your wilderness trail. You don't have as much to hang onto your scent and create a more continuous scent picture for the dog. So by putting her person on a bike trail, she has to learn to work with that, what can be a discontinuous scent picture for her. In addition, this particular area has strong cross winds, so she needs to learn how to deal with what the wind does to the scent on her trail. David Harris: And was the dog successful on this one? Eloise Anderson: The dog was very successful on this one. This was a very nice trail. Judge Delucchi: How old was this trail? Eloise Anderson: This trail was 24 hours. Judge Delucchi: How about the one on April the 7th, the bike trail? Eloise Anderson: April the 7th? Judge Delucchi: April the 7th. Bike trail. Two bike riders. Eloise Anderson: That one was four and a half days. Judge Delucchi: Four and a half days? Eloise Anderson: Yes. David Harris: Moving to your page 22 from September 1st of 2002, can you explain to the court what this particular training exercise was about? Eloise Anderson: This particular training exercise was to introduce the dog to as many distractions as we could possibly envision. We really couldn't envision a dog having to deal with much more than what they had to deal with inside of a strip mall. So, and that was one reason we also placed her subject in a corner at a hamburger place. It was also teaching the dog the deal with different surfaces. The strip mall has, has shiny, slippery linoleum floors, and lots of people have been running through it. We ran it on a Sunday evening after the weekend crowds. She ran it very nicely. When she got to the hamburger place, she had to turn away from the area where they actually cook the hamburgers and go to her subject, and she had no problem with that. David Harris: And how old was this trail? Eloise Anderson: This trail was 24 hours. David Harris: Going to page five, July 25th, 2003. Can you explain to the court what this particular exercise was with Trimble? Eloise Anderson: This particular exercise was to see how well the dogs could trail a subject in a vehicle. In this case in the trunk of a vehicle that was not the subject's vehicle. We also introduced, we had, this was a trailing team/cadaver team for our search and rescue group combined workout. So we had cadaver sources also in the back of one of the vehicles, not the vehicle where Trimble's subject was but the other, another vehicle that followed that one. So that the dog had to deal through or deal with the dead scent and the fresh scent and work it out to the end of the trail. David Harris: And was the dog successful? Eloise Anderson: The dog was successful. David Harris: Going to July 26th, 2003, page four of your materials. Eloise Anderson: Uh‑huh. David Harris: Can you explain to the court what this particular training exercise was? Eloise Anderson: This was, other than there was a steep climb in the middle of the trail that she, where she had to indicate, I mean it was almost a hands and knees type of trail for a person, she needed to indicate the trail went up there. This was minimal foot path trail. She had to go off of a main, not really a may thoroughfare but a street and commit to the trail going up the hill. It was also set up to give her as many distractions as we could. Her favorite bike subject, a subject that we have worked on a lot, was in the middle of the trail. That was a decoy situation with him. In addition, he, the subject's husband and the subject, all, all walked the trail together. Two of the people that walked the trail were then with her on the trail, one of them in the middle of the trail, where she had to work past him. And the husband who walked with us to the base of the hill. And then when we hit the hill, she, we went up the hill and he went around and sat at the end of the trail with the wife. And we finished the trail. She came up, acknowledged the presence of the husband, turned around, tagged the wife, and said you're the one. David Harris: And how old was this trail? Eloise Anderson: This trail was 48 hours. David Harris: In your, the training that you have done with Contra Costa, the certification that you have done with CARDA and your own experience, has Trimble been deemed to be reliable in tracking humans? Eloise Anderson: Yes, she has. Shephard Kopp: Objection. Calls for speculation. Judge Delucchi: No, that's her opinion. The court will, will sort it out. Okay. Overruled. David Harris: I'm not sure I heard the answer. Judge Delucchi: She said yes, the dog has been found reliable in tracking humans. Has there been any, other than, you know, these control, for lack of a better word, training exercises, what about on the job? Has she performed on the job on other occasions? Eloise Anderson: Yes. She has, Judge Delucchi: Can you give me some example? Eloise Anderson: She has, there was a runaway boy who left on his bike in San Ramon. That was what we call a walk‑up find. He was actually on his way home, but she walked up and tagged him. She was on his, working his trail and she walked up and tagged him. There was another one, runaway girl, who left in a van with, she was a minor. She left with, with a couple of adults. And we ran the trail, I believe it was 48 hours later. She had stopped at a friend's house to try to get a friend to come. The friend had wisely declined. We scented the dog under the bedroom window of the friend's house. She went out to a main highway, Highway 4, and they didn't know at that point who these gentlemen were. They knew the first name of one of them. But they didn't know who they were or where they lived. They made that discovery while we were running the trail, and they stopped us a block and a half away from the house because they were going to serve a search warrant or do a hard entry, I'm not sure what. Judge Delucchi: Was the young lady in the house? Eloise Anderson: At the time that we were stopped, no, she was not in the house. Judge Delucchi: All right. Any other questions? David Harris: No. Judge Delucchi: Mr. Kopp. David Harris: Well, I'm sorry, your Honor, as to voir dire her qualifications. Because I was going to get into what she did, Judge Delucchi: So you're not done yet? David Harris: No, I'm sorry. I misunderstood. Judge Delucchi: Go ahead. I thought you were done with the witness. I was going to let Mr. Kopp cross‑examine her. Go ahead. Go ahead. David Harris: I was going to get into the specifics of what she did in this case. Judge Delucchi: Okay. Right. David Harris: Right. Judge Delucchi: Well, excuse me, why don't we let him, if you're done with her qualifications and the qualifications of Trimble, before we get into the substantive testimony, what she's going to testify to, let's let Mr. Kopp go into her qualifications. David Harris: That's what I was, Judge Delucchi: Or do you want to defer that until we get into the ‑‑ Shephard Kopp: What I was going to suggest is that I could fold that into my cross‑examination. Judge Delucchi: Okay. No problem. That's fine. Go ahead, then. You go ahead with the substantive evidence. David Harris: Thank you. Ms. Anderson, I want to direct your attention back to December 26 of 2002 and ask if you and other members of the Contra Costa County Sheriff's Department search and rescue team received a call to go out and assist with the Modesto Police Department in the search of a missing person? Eloise Anderson: Yes, we did. David Harris: The call out that you, strike that. Did you actually go to that particular location, over to Modesto? Eloise Anderson: Yes, we did. David Harris: And did you meet with some individuals? Eloise Anderson: Yes, we did. We met with the detectives. I was there primarily as support, so I didn't have a lot of direct contact with the detectives that were, Judge Delucchi: Before we finish, let me make a finding, first of all. The court will find that she is qualified by training and experience to use this dog, Trimble, and the court's satisfied she's, the dog has been found reliable in tracking humans, based on her testimony. So now we can get into the other. Three and four. Go ahead. David Harris: All right. Thank you. The, the capacity that you were there as support personnel, were you working a dog on that particular day? Eloise Anderson: No, I did not work a dog on that day. David Harris: Did you assist one of the other handlers when she worked a dog that particular day? Eloise Anderson: Correct. I was assisting Cindee Valentin with, with her dog. David Harris: And what dog was that that she was working? Eloise Anderson: That was Merlin. David Harris: Now, you mentioned yesterday that you and Miss Valentin and your dog and her dog, Merlin, had worked and trained together for a significant period of time? Eloise Anderson: Correct. We started our dogs together and have trained them together. David Harris: When you were assisting, what is it that you do? Do you run alongside? Or, or what? Eloise Anderson: You put yourself in a position where you, you try to watch the dog, but the primary purpose of me as a runner on that was to watch for traffic. When you run a trailing dog, your whole focus is what's going on on the end of that line, and very frequently you don't see things that come, that are coming. You don't see vehicles, you don't see cross traffic, you don't see a curb step‑up sometimes. You don't see unevenness in the pavement. And my job as a runner is to make the handler aware of any hazards that may be coming. Judge Delucchi: When you say a runner, you're not running, you're just accompanying the dog and accompanying the handler? Eloise Anderson: We call it a runner. You may be running but you don't ‑‑ Judge Delucchi: But you're not necessarily running? Eloise Anderson: You're not necessarily running, correct. Correct. Judge Delucchi: Go ahead. David Harris: So just to clarify that, the term you use as a runner, you may run and you may not? Eloise Anderson: You may run, you may not. The dog sets the pace. David Harris: And with regards to this particular trailing that was being done by Ms. Valentin and Merlin, were you present when it started over at the Covena address in Modesto? Eloise Anderson: I was, yes. David Harris: And at a later point in time did it move over to a warehouse on Emerald? Eloise Anderson: Yes, it did. David Harris: And did you also work as a runner on that particular one? Eloise Anderson: Yes, I did. David Harris: I'd like to show you an exhibit that was marked yesterday. Judge Delucchi: Let me see. Is that number 9? David Harris: This would be People's number 10. Judge Delucchi: 10. Okay. David Harris: Let you look at this for a second. Eloise Anderson: Okay. Where...can you ground me on this so I know where I am? David Harris: Okay. You're looking at, Eloise Anderson: This is the warehouse up here; this is where the warehouse is up here? David Harris: Okay. You're saying and pointing to something with your finger. Let me ask you a question. Judge Delucchi: Mr. Kopp, you want to see what she's pointing out here? Eloise Anderson: I'm just trying to get grounded here. Judge Delucchi: You can lead her and explain what that portion represents. David Harris: All right. Looking at this particular exhibit, which is People's number 10, this is a map before you. You see on the top where it says Trailing Dog, December 26, 2002, Cindee Valentin and Merlin? Eloise Anderson: Yes. David Harris: Over to the right a little box highlighted says 1027 North Emerald Avenue? Eloise Anderson: Correct. David Harris: And is that the address where the warehouse was at that you were referring to? Eloise Anderson: That is my recollection, but I'm not positive about the actual number address of the warehouse. David Harris: You remember it was on Emerald, though? Eloise Anderson: Yes. David Harris: And then down here, going across the bottom portion, starting over here on the left, you see where it says Maze Boulevard and a green symbol says 132? Eloise Anderson: Yes. David Harris: Now, going from the box where the Emerald Avenue is at, where you recall the warehouse to be, do you see the yellow line that goes down Emerald Avenue down to the intersection with Maze Boulevard? Eloise Anderson: Yes. David Harris: Does that represent the trail the, the dog, Merlin, ran with Miss Valentin on that particular day? Eloise Anderson: Yes, it does. David Harris: Now, the, the trail that we're talking about, it ended on 132 on the 26th? Eloise Anderson: That's correct. David Harris: At a later point in time were you asked to go back by the Modesto Police Department to run a trail from approximately the same location? Eloise Anderson: With, with Trimble? David Harris: With Trimble. Eloise Anderson: No, I wasn't. David Harris: Did you run your other dog, Twist? Eloise Anderson: Twist is not a trailing dog, so I did not run her on a trail. I only worked her at specific locations. David Harris: Now, let me just try to direct your attention on January 3rd. Did you run Trimble, Eloise Anderson: I'm sorry, yes, I did run, I'm sorry, I did run Trimble on, on January 4th. David Harris: January 4th. Eloise Anderson: I think we got the call‑out on January 3rd, and that's why my report reflects January 3rd. David Harris: Okay. Just so that we're clear about this, now: When you started the trail with Trimble on January 4th, did you go to the approximate location where that trail that's depicted in People's number 10 had ended? Eloise Anderson: Yes, I did. David Harris: And did you start Trimble basically in the same area where that one had ended and start trailing to another location? Eloise Anderson: What I did was I took her a little bit south of Highway 132 because I didn't want to start her right on the highway. I wanted her to tell me what direction to go on the highway. So I started her approximately 50 yards, if this is north, 50 yards south of 132 and let her locate the scent and make a decision as to direction. David Harris: Okay. Now, I don't mean to jump around on you, we'll come back to that one, but I want to talk to a trail that you had done prior to that one. Were you at, were you called back to Modesto after the 26th and prior to the 4th to assist them with other call‑outs? Eloise Anderson: Yes, I was. I wasn't called back to Modesto. David Harris: Well, were you contacted to come back to Modesto? Eloise Anderson: Yes, I was called by the Modesto PD. David Harris: Okay. That's what, what I want to talk about. Directing your attention to 12‑28. Eloise Anderson: Okay. David Harris: I want to try and stay with one dog at a time. On 12-28 were you asked to assist the Modesto Police Department again as kind of a mutual aid call‑out? Eloise Anderson: Yes, I was. David Harris: Where did they ask you to go? Eloise Anderson: They asked me to go to the Berkeley Marina. David Harris: Did you go to the marina? Eloise Anderson: I did. David Harris: And did you take Trimble with you? Eloise Anderson: I did. David Harris: And when you had Trimble, were you asked to try and run to see if there was a scent for Laci Peterson at the Berkeley Marina? Eloise Anderson: Yes, I did. David Harris: Were you given a scent article? Eloise Anderson: I was. David Harris: What scent article did you use? Eloise Anderson: The scent article was a pair of dark glasses in a hard cover glass case. David Harris: Were you present when Ms. Valentin had collected those items on the 26th? Eloise Anderson: I was. David Harris: And the item that you scented to search for Ms. Peterson's scent to the Berkeley Marina, was that the same sunglasses case? Eloise Anderson: They were the same, yes. David Harris: Can you describe for the court what you did at the marina after you scented your dog with that particular sunglasses case? Eloise Anderson: I actually scented the dog twice. There were two possible entrances to the actual harbor portion of the marina, and because I didn't know, one, I didn't know if there was any scent there at all, and I didn't know which entrance might have been the potential entrance, so I separated it into two separate trails. I took her behind a island of trees to the north of the harbor, I believe it was. Without seeing a map, I'm not positive about that. David Harris: Let me help you out there, possibly. I'd like to have marked next in order, Judge Delucchi: Okay. Has Mr. Kopp seen this? This will be People's number 12. What is it, Mr. Harris? David Harris: It's a printout of a photograph and, Judge Delucchi: Photograph of the Berkeley Marina? David Harris: Yes. And today they've been provided a color copy of that. Shephard Kopp: That's correct. Judge Delucchi: All right. Can I see it before you show it to the witness? David Harris: Yes, sir. Judge Delucchi: Thank you, Marilyn. Okay. There you go. David Harris: All right. Showing you People's number 12, do you recognize this particular photograph? Eloise Anderson: Yes, I do. David Harris: For the record, it says down in the bottom of the box, Trailing Dog, 28 December 2002, E. Anderson and Trimble? Eloise Anderson: Correct. David Harris: And this represents the Berkeley Marina as you recall it when you were out there on 12‑28?Eloise Anderson: That's correct. David Harris: Now, also in the photograph, towards the left center of the photograph, there's some areas that are words and lines in yellow that are highlighted on that? Eloise Anderson: Yes, that's correct. David Harris: What do those represent? Eloise Anderson: Those represent the first trail that I asked her to run. I scented her behind the line of trees that represent the island separating the two parking areas. I scented her on the glasses. I opened the glass cases, scented her on the glasses inside the glass case and asked her to look for the scent for me. She went to the end of her line, circled back to me, gave me a no trail indication. I walked her forward to give her more opportunity to locate scent. And took her up closer to some trees in the front where there's vegetation, because in a parking lot asphalt situation you very possibly will have more scents sticking to the vegetation. Since she had given me a negative trail indication on the asphalt, I wanted to give her an opportunity to find scent in the vegetation. And. Again, when I asked her to look there she gave me a negative trail indication. And at that point I ended that particular trail. David Harris: Did you then work a trail on the opposite side of the parking lot? Eloise Anderson: I did. And I went through, I did that trail exactly the way I did the first trail. I took her behind the line of trees and opened the scent article, again scented her on the same portion of scent article, the glasses inside the case, and asked her to locate a trail. She drove away from me for a very short distance, to the end of her line, came back, went up against, on the pavement, but up along the edge of the tree line and the vegetation line, and made a straight line, where there's a circle there? That was a little open area. She did a circle up onto the vegetation and then came back out, lined out, led, head level, tail up and lined out straight to the end of the, to the end of that particular pier where it made a sharp turn to the right, and stopped by a pylon that's right there at that pier. David Harris: And, again, this is a dog that's trained for freshest scent or strongest scent? Eloise Anderson: That's correct. David Harris: And so the dog started the trail and worked to the end of the pier? Eloise Anderson: She didn't work to the very end of the pier. She worked to a pylon right there where the pier made a sharp jog to the right. Judge Delucchi: Is the pylon in the water? Eloise Anderson: There's a pylon, it's like a telephone pole that's anchoring the pier. Judge Delucchi: So this was a pylon to a pylon in the water. How far was the pylon from the pier itself? Eloise Anderson: The pylon, the pier was actually connected to the pylon. It was part, Judge Delucchi: So somebody could tie up a boat? Eloise Anderson: Yes. Judge Delucchi: Okay. David Harris: Once the dog got to the end of the pier and was at the pylon, what did Trimble do? Eloise Anderson: She stopped, she checked the wind currents coming in from over the water, gave me hard eye contact, stayed by my left side, which is an end of the trail indication. I, I gave her a moment to settle. She went, took the turn and went to the portion of the pier where it went about ten or 15 feet, made a sharp left, went about another 15 feet there, stopped, came back, and came back to the pylon. Again hard eye contact on my left side. End of trail. David Harris: Now, the, the yellow highlighted portions of the photograph there, does that accurately depict as you best can the representation of the trail that was worked by you and the dog on that day? Eloise Anderson: That does. I believe, when I did this map was just recently, and I had three starts and ends on the first trail, and when I went back and read my search report there's only two. But I know that I took her down to the vegetation to see if there was a possibility of picking up scent there before declaring that side a negative trail sign. David Harris: After you worked the Berkeley Marina on December 28th of 2002, we'll go back to that January 4th that you were starting to talk about with the map up there, People's number 10. When you went back on that particular day, were you using Trimble? Eloise Anderson: Yes, I was. David Harris: You had started to say that you went a little bit south of 132, let the dog try and make the turn. What did you scent the dog with that particular day? Eloise Anderson: I scented the dog on Scott Peterson's slipper. David Harris: And again, is that, the item that was used to scent your dog, was that one of the items that was collected by Ms. Valentin on the 26th? Eloise Anderson: Yes, it was. David Harris: When you scented your dog on Scott Peterson's scent on January 4th, what did the dog do? Eloise Anderson: The dog worked the shoulder of, I believe that's Carpenter. I'm not positive because it doesn't show the name, but I believe that's South Carpenter below 32 there. She worked the shoulder, next to the school yard, up to the intersection, made a circle and lined out going west on 32. Judge Delucchi: What do you mean "lined out"? Eloise Anderson: Lined out means when she was working the scent, trying to locate a trail, her line may not necessarily have been, there may not have been any tension in the line, because she was trying to locate scent. When she got up to where she did locate scent, she circled around what I feed the line out to her, and when she hits the end of the line, then she drives forward into the harness. And I call that lining out. Meaning she's working a scent, she's now driving forward into the harness. David Harris: Did you also take a map and prepare it of the trail that you ran on January 4th with Trimble? Eloise Anderson: I did. David Harris: Can I have it marked next in order? Judge Delucchi: That's People's number 13. David Harris: And counsel's been provided with a color copy. Shephard Kopp: That's right. Judge Delucchi: Let me see that, too, Marilyn. Okay. David Harris: Showing you now what's been marked as People's number 13, do you recognize this as a map overlay that you obtained from the area that you ran that trail on January 4th? Eloise Anderson: Yes, I do. David Harris: And looking down at the bottom left of this particular map and overlay, it says Trailing Dog, 4 January 2003, E. Anderson slash Trimble? Eloise Anderson: Correct. David Harris: On this, going across the middle of this from-- well, on here it goes from right to left, are there dotted blue lines indicating the trail that you and Trimble ran? Eloise Anderson: That is correct. David Harris: Looking to the right side underneath where the trail starts, is there, in fact, a word that says "start"? Eloise Anderson: That's correct. David Harris: And over there where 132 runs into another freeway, does it say "end"? Eloise Anderson: Yes, it does. David Harris: Can you describe for the court what this particular trail was or how you went about running this with the dog? Eloise Anderson: This was going to be a drop trail, very similar to the bike trail that we had trained on. And it was determining the presence of scent along 132. We basically would run the dogs past intersections. If they did not turn down an intersection, then we would pick them up and drive them a little further down the road and ask them again. And each time I started her, I treated it as a fresh, poor term, treated it as a new trail. I re‑scented her each time I restarted her. David Harris: And in this particular case Trimble was being scented with the defendant's slipper? Eloise Anderson: That's correct. David Harris: And Trimble was re‑scented every time that you picked him (sic) up and moved, Eloise Anderson: Every time, every time I took her out of the vehicle, I treated it like a new trail and re‑scented her on the slipper. David Harris: Now, Miss Valentin had already told us that she was running her dog on this same trail, or out on the same roadway. Was her dog, Merlin, scented on the same slipper that you were using? Eloise Anderson: No, her dog was not scented on that slipper. David Harris: And at one point in time you're going down the road, she's going down the road, did your dog suddenly make a turn? Eloise Anderson: She did. At, at Highway 132, or 33, Mr. Peterson had come up to a roadblock, and they had turned him back because the dogs were running the trail down 132. Shephard Kopp: I'm going to object. There's no personal knowledge. Move to strike the answer. Judge Delucchi: Answer may be stricken. David Harris: As part of your opinion as trying to figure out what the dog was doing, did you ask to see if the defendant had come to the location you were working the dog? Eloise Anderson: No. I did not. When I came up to that road block, I was told that he had just been turned around at that roadblock, Shephard Kopp: Objection. Judge Delucchi: Hearsay. Eloise Anderson: I'm sorry. Judge Delucchi: Mr. Peterson, as far as you know, Mr. Peterson was still at liberty at the time this occurred? He was not in police custody as far as you know? Eloise Anderson: So far as I know. Okay. David Harris: Your dog went, let's just go back through that. When your dog made this turn, did it turn off of the 132 roadway? Eloise Anderson: It turned off of the 132 roadway. David Harris: And where did Trimble go? Eloise Anderson: She went north on the access road to Highway 33. David Harris: Is this the particular access that we're talking about, that particular ramp, would it be the ramp that's going from 33 onto 132? Or from 132 onto 33? Eloise Anderson: I thought it was the one that went from 33 onto 132, but I can't say positively. David Harris: Okay. When you got to the particular point in time when you're going up this, this access ramp, whichever one it is, had the Modesto Police Department blocked that off? Eloise Anderson: They had. David Harris: And were they turning traffic around? Eloise Anderson: They were. David Harris: Did you then take the dog, pick it up from that particular point and put it back onto 132 further away from Highway 33? Eloise Anderson: I did. David Harris: Did you re‑scent the dog? Eloise Anderson: I did. David Harris: And what happened at that time? Eloise Anderson: And she continued west on 132. David Harris: And is the, that depicted on the highlighted portions of your map diagram up there, People's number 13? Eloise Anderson: Is what depicted? The, the turn? David Harris: No. Let me back up. Try that one again. People's No. 13, the map before you? Eloise Anderson: Uh‑huh. David Harris: The highlighted portions? Eloise Anderson: Uh‑huh. David Harris: Does that depict the trail that you ran? Eloise Anderson: Yes. It does. David Harris: Now, let me ask you in terms of your dog's training and abilities, if you're working an older trail and an individual who is the subject of the scent being trailed by your dog happens to cross that, which trail will the dog go? The older one or the fresher one? Eloise Anderson: She will take the fresher one. David Harris: So if an individual who is the subject of the scent had actually driven down to the freeway that you were working the older trail, would you expect your dog to make the turn and go to where the person was driving? Eloise Anderson: Yes, I would. David Harris: Now, I want to switch from, I don't know if the court wants to take a break because I'm going to switch, <morning recess> David Harris: Miss Anderson, we were starting to switch gears and switch dogs. I'm going to start talking about Twist. Twist is your cadaver dog? Eloise Anderson: That's correct. David Harris: Were you asked by the Modesto Police Department to take Twist, the cadaver dog, to the defendant's warehouse? Eloise Anderson: Yes, I was. David Harris: And did you, in fact, deploy Twist, use him in that capacity as a cadaver dog inside the warehouse? Eloise Anderson: Yes, I did. David Harris: Can you tell the Court what occurred? Eloise Anderson: I worked, Judge Delucchi: Do you need some water, or something? Eloise Anderson: I actually have some. Thank you. Judge Delucchi: Okay. Go ahead. You took the dog to the defendant's warehouse? What date was that, Mr. Harris? David Harris: On 12‑27 did you go to the warehouse? Eloise Anderson: That's correct. David Harris: And did you, in fact, deploy Twist inside the warehouse? Eloise Anderson: Yes, I did. David Harris: And can you tell the Court what happened? Eloise Anderson: We searched the warehouse. It was very difficult. The warehouse was full of containers, cubes of chemicals. She was a little bit uncomfortable in the warehouse, I think because of the strong chemical scent. It was something that was outside of our training experience. But I worked her down a main corridor. There weren't a lot of areas where she could get to, because the warehouse was very full. She worked twice back to a bathroom in the back corner. And then I worked her back up, I put her, there was a fishing boat in the front of the warehouse, in front of a roll up door. Judge Delucchi: Hold on just a second. Somebody has got some music in the courtroom. All right. Were you able to hear all that? Court Reporter: Yes. Judge Delucchi: Go ahead. She worked back to the bathroom, then you worked her back and you put her, there was a fishing boat in the front of the warehouse in front of a roll up door? Eloise Anderson: That's correct. Judge Delucchi: Go ahead. David Harris: Let's go through this. You are saying that there was chemicals there. And could you smell the chemicals? Eloise Anderson: Yes, very definitely. David Harris: Can you give the Court some idea of whether it was a, from your point of view, a weak smell, strong smell? Eloise Anderson: Strong smell. David Harris: You indicate this was outside of your training parameters. Have you ever trained Twist around chemicals like this before? Eloise Anderson: I have not. David Harris: Let's, back to the point. You said you are starting to work her by the boat that was at the rollup door? Eloise Anderson: Correct. David Harris: Did you actually put Twist into the boat? Eloise Anderson: I did put her into the boat. David Harris: And what behavior did you see? Eloise Anderson: She showed some mild interest, and dropped her head, and then tried to get out of the boat. David Harris: Was that unusual behavior for Twist? Eloise Anderson: That was very unusual behavior for Twist. David Harris: And why do you say it was unusual behavior? Eloise Anderson: The boat, being metal, and having little metal seats across it, is kind of an agility exercise unto itself, so far as footing for the dog. And this is a dog that is exceptionally confident in tricky footing scenarios, or tricky footing situations. So it was quite unusual for her to want to get out of the boat. David Harris: Did you take the dog out of the boat? Eloise Anderson: I did take the dog out of the boat. Judge Delucchi: One thing you left out. What was the dog scented for? Eloise Anderson: She was working decomposing scent. She is a cadaver dog. Judge Delucchi: So you don't have to scent her for anything? Eloise Anderson: I don't have to scent for anything. Judge Delucchi: Just decomposing bodies? Eloise Anderson: She has a command to work what we call "Dead Scent". Judge Delucchi: Dead scent? Eloise Anderson: And that's what, that's the command that I had used to work her. Judge Delucchi: Dead scent. That's what I was trying to find out. Okay. David Harris: So just, so going back to make sure we're all clear about this. Put the dog in the boat and scenting for dead scent, Twist shows mild interest, but gives you the unusual behavior of wanting to get out of the boat. Then you take the dog out of the boat? Eloise Anderson: That's correct. David Harris: Did you then try to work her anywhere else in the warehouse? Eloise Anderson: I tried to work her in the front of the warehouse around the boat. She turned and ran her nose along the top railing of the boat on the starboard side of the bow, turned around and worked three boxes that were under a small workbench there, came back around to the boat, and went into an alert, and then barking in frustration, because she could not pinpoint any kind of particular source. David Harris: When you run these trails, or when you work a dog, either Twist or Trimble, do you talk to the agency that's using your assistance? Eloise Anderson: Yes, I do. David Harris: And was there a detective with you at the warehouse when you were working Twist? Eloise Anderson: Yes, there was. David Harris: Was that detective Hendee from the Modesto Police Department? Eloise Anderson: I believe so. David Harris: And did you tell the detective anything about what your expert opinion was, what Twist had just done? Eloise Anderson: I told him that I believed she was alerting in that particular area, but I could not give him a definitive point. Shephard Kopp: That's, objection. That's hearsay and irrelevant. Move to strike. Judge Delucchi: Her opinion was this, it can go in. Overruled. Go ahead. David Harris: Now, after you had told the detective that the dog went to an alert, did you write your report later on? Eloise Anderson: I did. David Harris: And as you wrote your report, how, what was the process that you tried to go through as you wrote your report? Eloise Anderson: At the time that I wrote the report, I was not sure how to form an opinion based upon the heavy chemical smell in the warehouse, and so I did not say that she actually went into an alert behavior in front of the boat there. Mark Geragos: Wait a second. I know this is not my witness. I have a real problem with this. I was told I had all the discovery. They now come up, because the report clearly says there was no alert. He obviously knew that. He was asking that question, by virtue of how he asked it. That's completely objectionable. It's prosecutorial misconduct. I should have made the prediction this morning. I was going to, when I bit my tongue. I will never do that again, that, I guarantee you that it's not going to be, I was going to give an over-and-under of one day before I got new discovery. Here it is, took the over-and-under, less than an hour. He knows what he was going to have this witness testify he then puts this witness up on the stand. It's not contained in a report. He asked the questions. This was not a surprise. This is totally improper. It's prosecutorial misconduct. Move to strike this witness's entire testimony. David Harris: Your Honor, we communicated, Judge Delucchi: Wait a minute. Wait a minute. Did you give Mr. Geragos her report, if any, or any reports pertaining to what she was going to testify to? David Harris: Yes, he has that. And he also has Detective Hendee's report at Bates stamp page 2212A, where he specifically says he was. Anderson advised me the dog hit on only one area in the warehouse. Judge Delucchi: Do you have that? Mark Geragos: Yes, we, there is nothing what she just testified to, nothing as to what he's asking her about. If he had that, he should have given the notes. You have a continuing discovery order in this case. For him to elicit on the stand is improper, and he knows it. Judge Delucchi: Well, you can't vouch for everything that a witness is going to say. Mark Geragos: That's why, Judge Delucchi: You were aware of the fact that she just got done saying he couldn't base an opinion, because of the dog was alerted because of the chemical smells. Is that what the report says? Mark Geragos: Yes. And what he's now saying is inconsistent with what the report says. And this is not, you don't, I specifically said that, and phrased this in terms of the vouching issue, what you just mentioned. If a witness says all of a sudden out of nowhere in response to a question, oh, I just remembered that, fine, that comes out. That happens every day to every witness. When he knows he's going into it, what he's going to ask her, and then draws out that information, and then it isn't contained in a report, he doesn't alert us first, that is misconduct. That's a discovery violation. David Harris: And that's not correct. Counsel can speechify all he wants. It is in the report what the did detective said the witness said. He has the witness's report. He's already said that he was attempting to look at that particular area. So that's questioning that we're going to ask this particular witness, that's something that is basic lawyering. And we resent the fact that when something doesn't go Mr. Geragos' way, he accuses us of misconduct and hiding the ball from him. Mark Geragos: The prosecution has committed nothing but misconduct in this case. That's reason I accuse them of it. This is misconduct if they know that this witness, when they put her on the stand, is going to say something that deviates materially from the report, they have a duty to turn that over. Judge Delucchi: Well, where is it materially deviating from the report? David Harris: It isn't. We have reports of the detective. Mark Geragos: She showed, I'm reading, Judge Delucchi: Go ahead. Mark Geragos: She showed mild interest but no alerts. That's her report. Judge Delucchi: Okay. She just got done saying, Mark Geragos: But she did not go into full alert. She's just testified, and that's not, David Harris: That's not the end of the statement either. She demonstrated frustration by barking, but did not go to her full alert, or pinpoint the particular spot, which is what the witness just testified to. Mark Geragos: I would invite the Court to have the transcript read back, because precisely what he was asking, Judge Delucchi: I'm going by my notes. Mr. Geragos, with all due respect, I think you are overstating it. I don't find any misconduct. It's an inference from the evidence that's right there, and that's what she was saying. She just said that she couldn't base an opinion because of the amount of chemicals that the dog, that the dog alerted on. That's substantially what that is. Mark Geragos: If that's the case, I ask the entire testimony be struck as to the warehouse. Judge Delucchi: Overruled. Mark Geragos: She's saying there is chemicals in there, that can't base an opinion. Why we listening to her opinion? Judge Delucchi: That's the question for me to sort out as to what part of this evidence is coming in, and what part isn't coming in. First of all, there has to be some materiality to the evidence, right? It has to have some probative value, and that's why we're having this hearing. And I think that's my role up here to sort out what has probative value and what doesn't. He can put on whatever he wants in this case, and then you guys can pursue it on cross. Then it's up to me to decide what's going to come in and what isn't, if anything. So anyway, Mark Geragos: Thank you. Judge Delucchi: Thank you, Mr. Geragos. I thought we could make it all the morning, but we didn't, right? No harm done. That's your job. Go ahead. David Harris: Miss Anderson, you were indicating that you were taking into account the chemical smell. That's why you wrote your report the way you wrote it? Eloise Anderson: That's correct. David Harris: Did you tell the detective, Detective Hendee that the dog had alerted in the warehouse? Eloise Anderson: Yes, I did. David Harris: People have nothing further.
Cross Examination Shephard Kopp: Good morning, Miss Anderson. Eloise Anderson: Good morning. Shephard Kopp: I'm Shepard Kopp, an attorney representing Scott Peterson. Now, I'm going to start off with your dog Trimble. How old is Trimble? Eloise Anderson: Trimble is six years old. Shephard Kopp: And when was Trimble certified by CARDA as a trailing dog? Eloise Anderson: Trimble was certified by CARDA for the first time when she was four years old. Shephard Kopp: So she had been certified for approximately a year when you performed these trailing exercises that you just testified about. David Harris: Objection. Are we talking about the exercises, or what? Judge Delucchi: I sustain. Be more specific. Shephard Kopp: In late December of 2002, she had been certified for about a year? Eloise Anderson: I would have to double check my records, but I believe that would be correct. Shephard Kopp: Give or take a few months? Eloise Anderson: Correct. Shephard Kopp: And before you were asked to participate in this search for Laci Peterson, you had done a grand total of one vehicle search with Trimble; is that right? Eloise Anderson: I would have to go back and double check my records. Shephard Kopp: Well, you testified on direct examination, I'm going to ask you, you still have your training reports up there? Eloise Anderson: I do. Shephard Kopp: Can I ask you to turn to Page 56 of 207, Bates stamp 25663. Do you have that? Eloise Anderson: Yes. Shephard Kopp: That was an instance where you tried to have Trimble run a vehicle trail, and that occurred on May 28th of 2001, right? Eloise Anderson: Correct. Shephard Kopp: And Trimble was not successful in following that trail, correct? Eloise Anderson: No, she wasn't. Shephard Kopp: Okay. And then let me ask you to turn to 25612, that's Bates stamp number, Page 4 of 207 of your training reports. That was a vehicle trail as well, right? Eloise Anderson: Page 4 of 207? No. That's a contact trail. Shephard Kopp: I'm sorry. Page 5 of 207? Eloise Anderson: Correct. Shephard Kopp: That is run in July of 2003, which was after the trailing work you did in connection with this case, right? Eloise Anderson: Correct. Judge Delucchi: What was the result of that test? Eloise Anderson: That was a successful trail. Judge Delucchi: Was successful? Eloise Anderson: It was successful trail. Shephard Kopp: Then let me ask you to turn to 25655 Bates stamp number. And it's number 48 of 207 of your report. That was a vehicle trail, correct? Eloise Anderson: Correct. Shephard Kopp: You testified about that on direct examination, right? Eloise Anderson: Correct. Shephard Kopp: And that was a successful vehicle trail, right? Eloise Anderson: Correct. Shephard Kopp: Now, so before December of 2002, you had run two vehicle trails with Trimble, right? Eloise Anderson: That's what it looks like, yes. Shephard Kopp: One of those was successful, one was not, correct? Eloise Anderson: Correct. Shephard Kopp: Now, you have attended many seminars in the area of dog trailing, correct? Eloise Anderson: Correct. Shephard Kopp: And one of the seminars that you attended was in Chico, California, right? Eloise Anderson: Correct. Shephard Kopp: And that was in, that was from October 23rd to October 27th of 2002, correct? Eloise Anderson: Correct. Shephard Kopp: That was taught by Andy Rebmann, correct? Eloise Anderson: Yes. Shephard Kopp: Who is Andy Rebmann? Eloise Anderson: Andy Rebmann is a retired Connecticut State Trooper, trailing dog handler, and cadaver dog handler, for the Connecticut State Police. Shephard Kopp: He's an acknowledged expert in the field of dog trailing, correct? Eloise Anderson: That's correct. Shephard Kopp: As well as cadaver dogs, correct? Eloise Anderson: Correct. Shephard Kopp: He's taught you on many occasions, hasn't he? Eloise Anderson: Several occasions, yes. Because I have taken several cadaver seminars from him also. Shephard Kopp: You have taken six seminars at least dating from 1993 to the present, right? Eloise Anderson: Correct. Shepherd Kopp:: That were taught by Mr. Rebmann, right? Eloise Anderson: Correct. Shephard Kopp: And you kept some of your records from this seminar that was conducted in October of 2002 in Chico, right? Eloise Anderson: Correct. Shephard Kopp: And you have detailed some of those in your reports that you have submitted, right? Eloise Anderson: Correct. Shephard Kopp: The trailing exercise that you did not include in those reports was the time when your dog was asked to trail a vehicle trail and failed; isn't that right? Eloise Anderson: I don't recall an exercise where she was asked to trail, other than the one that's in her records. Shephard Kopp: Okay. Eloise Anderson: Where she was not set up for success due to the trail itself and the environmental, Shephard Kopp: Okay. Do you recall an exercise that Mr. Rebmann ran you and Trimble through in which there was a contact trail, then the subject got in the vehicle and drove away? Do you remember that? Eloise Anderson: Yes. Shephard Kopp: Okay. I think, and did you tell Mr. Rebmann that your dog Trimble was capable of following a scent, a trail that came out of a vehicle? Eloise Anderson: Yes, I did. Shephard Kopp: And on this particular occasion Trimble was not able to follow the scent that came out of that vehicle, correct? Eloise Anderson: I don't recall that she was not able to follow the scent coming out of the vehicle. Shephard Kopp: Do you want to look at your training reports from that particular seminar in October of 2002? Eloise Anderson: Can you tell me ‑‑ Shephard Kopp: Page 15 of 207, thereabouts. Pages 15 through 19 of 207, Bates stamps 25622 to 25626. Eloise Anderson: Okay. Shephard Kopp: You have those, correct? Eloise Anderson: I have 15 through 19. Okay. Shephard Kopp: Those were for different exercises that were conducted in succession on October 24th, October 25th, October 25th, and October 27th, correct? Eloise Anderson: Correct. Shephard Kopp: And none of those reports of trailing exercises involved an attempt to follow a vehicle trail, correct? Eloise Anderson: Correct. Shephard Kopp: Okay. Do you know why you did not include the unsuccessful vehicle trail in these reports?David Harris: Objection. Assumes a fact not in evidence? Eloise Anderson: I don't recall doing an unsuccessful vehicle trail. Judge Delucchi: Wait a minute. David Harris: Objection. Assumes a fact not in evidence. Judge Delucchi: What's the fact in not in evidence? That is not included? David Harris: Fact she was unsuccessful in running the trail. She said she didn't recall that. Judge Delucchi: She doesn't recall. Sustained. She doesn't recall whether she was successful or not. Shephard Kopp: Is it your general practice to record every trailing exercise that you perform with this dog Trimble? Eloise Anderson: Yes, it is. Shephard Kopp: And so while you were at this seminar in Chico, every time there is a trailing exercise you made notes, and you prepared these reports that you included here, correct? Eloise Anderson: Yes, I try to do that. I'm not always successful, I guess. Shephard Kopp: Okay. So every trailing exercise that you did while you were at this seminar in Chico should have been documented and placed in your report so that the records of Trimble would be adequately kept, correct? Eloise Anderson: Correct. Shephard Kopp: Now, what's human scent composed of? Eloise Anderson: The human scent that a trailing dog is followings? Shephard Kopp: Yes. Eloise Anderson: The general consensus among trailing dog handlers is that it consists of skin rafts that are coming off the body. Judge Delucchi: Skin rafts? Eloise Anderson: Skin rafts. Judge Delucchi: Rafts? Eloise Anderson: Right. As in life rafts. Judge Delucchi: What is a skin raft? Eloise Anderson: It's little tiny any particles of skin. If you look at picture of Snoopy and Pig Pen, that's kind of the picture. Judge Delucchi: Emanating this aura? Eloise Anderson: Right. Judge Delucchi: That's called skin raft. Okay. Go ahead. I didn't mean to interrupt. I didn't know what skin raft was. Go ahead, Miss Anderson. What else is human scent composed, of in your opinion? Eloise Anderson: I think I focus on the skin rafts. I'm not a scientific expert, so I can't tell you everything that human scent is composed of. Shephard Kopp: Have you seen a skin raft? Eloise Anderson: I have seen pictures of them. Shephard Kopp: You have seen some item from the body that's been magnified in some way, correct? Eloise Anderson: Correct. Shephard Kopp: Skin rafts are microscopic, aren't they?Eloise Anderson: Correct. Shephard Kopp: And this is just a theory that exists among the community that investigates what human scent is composed of, correct? Eloise Anderson: Correct. Shephard Kopp: And it's never actually been proven what it is that trailing dogs trail, right? Eloise Anderson: Not to my knowledge. Shephard Kopp: To know that a dog, trailing dog would have to be able to speak and tell you what it was going after, right? Eloise Anderson: That would be nice. Shephard Kopp: Your dogs don't talk, do they? Judge Delucchi: If it did, it would be a miracle. Shephard Kopp: Okay. By the way, Twist and Trimble, do they live with you? Eloise Anderson: Yes, they do. Shephard Kopp: They are both Labradors; is that right? Eloise Anderson: Correct. Shephard Kopp: Now, Trimble does make mistakes when you ask her to perform trailing exercises, correct? Eloise Anderson: Yes, she does. Shephard Kopp: If I could ask you to turn to page 56 of 207, Bates stamp 25663. That was one of the exercises where Trimble was not successful, correct? Eloise Anderson: Correct. I stopped her on the trail. Shephard Kopp: And on page 25666, that's Bates stamp, that's the Bates stamp page 59 of 207, that was an exercise on April 28th of 2001 where Trimble was unsuccessful, correct? Eloise Anderson: She was unsuccessful because I stopped her on the trail, not because she was on the wrong trail, or took a wrong direction. Shephard Kopp: Well, you weren't sure what happened, right? Eloise Anderson: No. I was. It was a handler decision to stop the trail, because I was told that the subject hiding needed to leave quickly. And I didn't, I didn't want to lead her down the trail, so I stopped it. Shephard Kopp: Okay. You wrote on your report of this exercise that you weren't sure what happened, right? Eloise Anderson: When she took, when she took me on a wrong turn there. Shephard Kopp: Okay. On page 64 of 207, Bates stamp number 25671. Eloise Anderson: What was the page number? Shephard Kopp: 64? Eloise Anderson: 64. Shephard Kopp: That was an exercise on March 25th of 2001, Trimble was unsuccessful, correct? Eloise Anderson: Correct. Shephard Kopp: Now, when you obtained scent articles to use to scent Trimble so that you can run a trail, you try to obtain the purest, most uncontaminated form of scent that you can find, right? Eloise Anderson: Correct. But we do train with contaminated scent articles also. Shephard Kopp: Would you agree that articles that are retrieved from inside a house pose a significant risk of cross contamination? Eloise Anderson: No, I would not agree. Shephard Kopp: Would you agree that, strike that. You were, generally when you get a scent article, you want to have one person's scent on that article if possible, right? Eloise Anderson: That's the cleanest scent article, yes. Shephard Kopp: All right. And you are going to try and look for an article that hasn't been handled by other people besides the person you are trying to trail, correct? Eloise Anderson: That's the ideal. Shephard Kopp: Okay. And an article of clothing worn by a person might be an article that's uncontaminated by the other person's scent other than the person who wore that particular piece of clothing, right? Eloise Anderson: No, not necessarily. Depends upon where that piece of clothing has been. Shephard Kopp: Well, when you use a scent article, do you try and figure out who's touched that article in the past? Eloise Anderson: I do. If I believe that it could have been contaminated by somebody, if I wasn't not there when the scent article was collected, then I will try to determine if it could have been handled by somebody else and where that person is. Shephard Kopp: Now, the sunglasses and the sunglass case that you used to scent Trimble at the Berkeley Marina, were you there when the sunglasses were collected? Eloise Anderson: I was. Shephard Kopp: You saw they came out of a purse, right? Eloise Anderson: Correct. Shephard Kopp: Did you know that Scott Peterson had his hands inside that purse recently? David Harris: Objection. Assumes a fact not in evidence. Judge Delucchi: Sustained. Shephard Kopp: Well, did you see Mr. Peterson put his hands inside that purse? Eloise Anderson: No, I didn't. Shephard Kopp: Did you know whether or not Mr. Peterson had touched the sunglasses or sunglass case in the recent past? Eloise Anderson: No, I did not. Shephard Kopp: Did you make any inquiry to find out whether or not that was so? Eloise Anderson: No, I didn't. Shephard Kopp: Wouldn't you, if you are using this article, and you are looking for Laci Peterson, wouldn't you want to assure yourself that Scott's scent was not on the article you were using to scent your dog? Eloise Anderson: The article had come out of Laci Peterson's purse. And I believe we were told at that time that nobody, no, actually, I believe that somebody did say that he had handled the purse. I do not believe anybody had said that he had handled the glasses. Shephard Kopp: And, Eloise Anderson: But that's an iffy recollection. Shephard Kopp: Okay. You have heard somebody talking about what Mr. Peterson, Eloise Anderson: , may or may not have handled. I'm not sure. Shephard Kopp: Were you present during the conversation between Captain Boyer and Mr. Peterson? Eloise Anderson: I was. Shephard Kopp: Okay. So you heard Mr. Peterson say that he had gone into that purse to get the keys to Laci Peterson's car? Eloise Anderson: I don't recall definitively. Shephard Kopp: Okay. Well, if you knew that information, that would give you some concern as to whether or not the sunglasses and the sunglass case was an uncontaminated scent article, right? Eloise Anderson: No. It would give me some concern as to whether the outside of the case was a contaminated scent article, but not as to whether the glasses inside were a contaminated scent article. Shephard Kopp: Okay. So was this sunglass case hermetically sealed so nothing could get inside of it? Eloise Anderson: No, it wasn't. Shephard Kopp: What was the material the sunglass case was made out of, if you recall? Eloise Anderson: As I recall, it was a cloth material. Shephard Kopp: Cloth material permeable to scent? Eloise Anderson: It was a hard case cloth material. Shephard Kopp: Was a hard shell on the outside of the cloth? Eloise Anderson: On the inside of the cloth. The cloth was on the outside of the case. Shephard Kopp: Okay. And did you make any inquiry to determine whether or not Scott Peterson had ever handled his wife's sunglasses? Eloise Anderson: I did not. Shephard Kopp: Do you ever pick up other people's sunglasses? Eloise Anderson: I do not. Shephard Kopp: Do you ever lose your sunglasses? Eloise Anderson: I do. Shephard Kopp: Anybody ever give them back to you? Eloise Anderson: No. I usually lose them at home. Shephard Kopp: Has anybody in your home ever picked up your sunglasses and said, "Here is the glasses you are looking for"? Eloise Anderson: No. Shephard Kopp: Do you think that's an uncommon occurrence? That calls for speculation. I'll withdraw the question. Judge Delucchi: I didn't hear an objection. If I don't hear an objection, I don't have anything to say. Shephard Kopp: Now, you were there when the slipper belonging to Scott Peterson was collected, right? Eloise Anderson: Correct. Shephard Kopp: This was on the 26th of December, right? Eloise Anderson: Correct. Shephard Kopp: And you had gone out, not with your dogs. You had gone out with Miss Valentin as support for her, whatever activity she was going to perform? Eloise Anderson: Correct. Shephard Kopp: As far as you knew, you and Miss Valentin were there to look for a missing person. That was Laci Peterson, right? Eloise Anderson: That's correct. Shephard Kopp: There was no conceivable reason for anyone to take a slipper belonging to Scott Peterson if you were going to be looking for Laci Peterson, right? Eloise Anderson: That's correct. Shephard Kopp: Why was the slipper taken? Eloise Anderson: I don't know. It was not my decision. Shephard Kopp: Okay. Was it Miss Valentin's decision? Eloise Anderson: I don't know if it was or not. Shephard Kopp: When did you first learn that the police considered Scott Peterson a suspect in the disappearances of his wife? Eloise Anderson: Probably the next day when they asked me to come and search the house and the warehouse. Shephard Kopp: Okay. You went along on the 26th when Miss Valentin went out to the warehouse and ran Merlin, correct? Eloise Anderson: Correct. Shephard Kopp: Didn't you have some inkling as to why she might be doing that on the 26th? Eloise Anderson: True. But nobody had vocalized to me that he might possibly be a suspect. Shephard Kopp: Who was the first Modesto Police officer who vocalized that to you? David Harris: Objection. Relevance. Judge Delucchi: I don't think so. But I think it's assuming a fact not in evidence, the Modesto police officer had told her that he was a suspect. You can pursue it. May go to her credibility, bias, interest, motive. Go ahead. Shephard Kopp: Let me lay the foundation then. Did you ever hear from Modesto Police officer that they suspected Scott being involved in this disappearance? Eloise Anderson: I don't recall being told specifically by any, none of the Modesto Police officers. But I don't recall being told specifically by any police officer. I do know that the consensus is very directly it's somebody familiar, and that's all I know. But that's from a, that's from search and rescue training, and a little bit of law enforcement crime scene information training. Shephard Kopp: Incidentally, you have never testified as an expert in this subject in court before, correct? Eloise Anderson: No, I haven't. Shephard Kopp: The trail exercise that Miss Valentin ran from the residence at 523 Covena, you were supporting her during that exercise, right? Eloise Anderson: Correct. Shephard Kopp: To your knowledge was that exercise videotaped? Eloise Anderson: To my knowledge it was not, but I can't tell you definitively. I don't remember seeing a camera anywhere. Shephard Kopp: Is it a common practice to videotape dogs who are trailing? Eloise Anderson: Not for us. Once in a while we will videotape a training, but not very frequently. Shephard Kopp: To your knowledge, is videotaping dogs who are trailing an accepted practice in the dog handling community, because it allows an objective third party to evaluate the dog's actions and the trainer's handling of the dog? David Harris: Objection. That's compound. Judge Delucchi: You may rephrase it, Mr. Kopp. Shephard Kopp: To your knowledge, is videotaping the activity of a dog who is trailing an accepted practice within the dog handlers' community? Eloise Anderson: I would say it's accepted. It's not common. Shephard Kopp: And the purpose if you are going to videotape a dog who is trailing, the purpose, purpose of doing that is to give a third party an opportunity to review what the dog does and what the handler does, correct? David Harris: Objection. Speculation and irrelevant. Judge Delucchi: Overruled. She's qualified as an expert. She can give an opinion. Is that the reason why they videotape? Eloise Anderson: For my purposes, if I want my dog videotaped, it's for my review, because I can see things in the dog in the videotape. I'm not looking at third party review. I'm looking at being able to go back and review the trail for my own edification and see if there are things that I missed in the dog's behavior, or that I haven't seen before in the dog's behavior, and see if I can correlate it to something that might be happening with her scent picture. Shephard Kopp: Well, one of the problems in dog trailing is that dogs do respond to cues from their handler, right? Eloise Anderson: They can. Shephard Kopp: And these can be verbal cues, or these can be visual cues, right? Eloise Anderson: They can. Shephard Kopp: And you want to make sure that a dog is not merely acting as if it's on the trail of something because it wants to please you, right? Eloise Anderson: Can you rephrase that a little bit? I'm ‑‑ Shephard Kopp: Well, when you are running a trailing dog, you want to make sure that when it's acting like it's on the trail of something, it's actually on that trail, right? Eloise Anderson: That's not my purpose in running the trailing dog. If she misses a turn on a trail in a training, I let her miss that turn, and I look for changes in her body posture and her body language, so that when I'm running a blind trail, I can understand what the dog is doing based upon the scent picture so that I can read the dog when she's missed a turn, or when she starts running out of scent. Shephard Kopp: Well, you want to make sure that the dog is not responding to any cue that you might be giving the dog, right? Eloise Anderson: That's true. You try to stay as neutral as you can. Shephard Kopp: That's because these dogs work on positive reinforcement, right? Eloise Anderson: No. That's because they are sensitive to handler's stress and tensions, even the subtleties he may put on the line. Shephard Kopp: The way you train these dogs is by giving them something to eat or a toy they like when they do something correct? Eloise Anderson: That's correct. Shephard Kopp: Okay. And often a dog will look at you to see, for your approval, to see whether or not it's doing what you want it to do, right? Eloise Anderson: Not when she's working a trail she doesn't. Shephard Kopp: Okay. Has Trimble ever looked at you while she is working a trail? Eloise Anderson: When she makes eye contact with me, it means she's lost the trail. There is no trail there. Shephard Kopp: So as long as there is a trail, Trimble never makes eye contact with you; is that your testimony? Eloise Anderson: That's correct. Shephard Kopp: Now, let me go back to human scent for a moment. As far as contamination of scent articles go, if you are trying to follow the scent of one person, you would want to make sure that the scent of another person who had been down the trail was not transferred to this particular scent article, correct? Eloise Anderson: He would. Shephard Kopp: Okay. And that's why you pack scent articles in plastic bags, to make sure they don't get contaminated, correct? Eloise Anderson: Correct. Shephard Kopp: That you use rubber gloves to handle certain articles, correct? Eloise Anderson: Correct. Shephard Kopp: So you wouldn't want to handle the slipper belonging to Scott Peterson with rubber gloves, and then not change those gloves and pick up the eyeglass case belonging to Laci Peterson, would you? Eloise Anderson: No. Shephard Kopp: The scent from Scott Peterson's slipper could be transferred on to the eyeglass case that belonged to Laci Peterson, couldn't it? Eloise Anderson: Correct. Shephard Kopp: And it could completely invalidate any results of any trailing that's done when the scent article used is the eyeglass case, right? Eloise Anderson: No. I take that back. If it's just the outside of the eyeglass case, that could be correct, yes. I'm sorry. Shephard Kopp: Okay. So when Merlin was going from 523 Covena to the Gallo Winery, then going down Emerald Avenue and Kansas Avenue, and out 132, the Scott Peterson scent was on the eyeglasses, on the eyeglass case, quite possibly what Merlin was following is the scent of Scott Peterson rather than Laci, correct? Eloise Anderson: I can't answer for another dog handler. I know she scented on the inside of the eyeglass case. I don't know that Mr. Peterson touched the inside of the eyeglasses. Shephard Kopp: And you didn't do any investigation to find out whether or not that occurred, right? Eloise Anderson: No, I wasn't there to investigate. I was there to observe and be a runner for the dog. Shephard Kopp: Right. But when, but later on when you were using that eyeglass case, you were there looking for Laci Peterson's, scent, correct? Eloise Anderson: Correct. Shephard Kopp: For example at Berkeley Marina you were there to do that, right? Eloise Anderson: Correct. Shephard Kopp: During the time you were in contact with Mr. Peterson, he was being cooperative, wasn't he? Eloise Anderson: I had minimal contact with him, yes. Shephard Kopp: He was answering questions that police officers were posing him, correct? Eloise Anderson: I don't really recall seeing him interact in a question situation with police officers. Shephard Kopp: Well, other than this conversation that he was having with Captain Boyer, right? Eloise Anderson: Right. With Captain Boyer. Shephard Kopp: Okay. Was there anything that might prevent you from either making a telephone to Mr. Peterson, or having someone from the Modesto Police Department ask Mr. Peterson if he had ever touched his wife's sunglasses? Eloise Anderson: No. Shephard Kopp: You were concerned with making sure that the scent source was pure, correct? Eloise Anderson: Correct. Shephard Kopp: Now, you still have the exhibits that were previously, the maps that you were looking at earlier. Are they still up there. Judge Delucchi: I don't know if she does. Maybe they are were given back to the clerk. You are talking about 12 and 13? Shephard Kopp: Yes 12 and 13. Eloise Anderson: This one. Shephard Kopp: Actually, I'm looking for, Eloise Anderson: I just put this one over here. Shephard Kopp: I'm look for 13. There. Okay. And, again, 13 is a map that shows your trailing with Trimble on January 4th of 2003, right? Eloise Anderson: Correct. Shephard Kopp: That was also the same day that Miss Valentin was running Merlin along Highway 132 as well, right? Eloise Anderson: Correct. Shephard Kopp: And you were both drop trailing, right? Eloise Anderson: Correct. Shephard Kopp: Now, the actual highlighted portions of this part of 132, those are not accurate representations, excuse me, representations of the distances you were actually running Trimble on, right? Eloise Anderson: They are a close estimation. I created this map within about the last month, so it was from my best recollection from reading my search report, yes. Shephard Kopp: Okay. Well, it appears, I mean using a ruler, it appears that the highlighted portions take up more than half of the distance from the start of the trail to the end of the trail, right? Eloise Anderson: Yes, it does. Shephard Kopp: And I believe you testified earlier that it was about twenty miles, that entire, Eloise Anderson: I think it was. Shephard Kopp: , distance? Eloise Anderson: I think something like twenty miles. Shephard Kopp: You testified today that back on January 4th of 2003, you ran Trimble for over ten miles along Highway 132? Eloise Anderson: I know that I ran Trimble along Highway 132 past intersections, and because the map was drawn so long after I actually wrote my report, that I based the map upon primary intersections that I had in my report, that I knew we had covered. So this map may not be 100 percent accurate. Shephard Kopp: As you sit here today, you have a better recollection what the total distance was that you ran Trimble on January 4, 2003, along Highway 132? Eloise Anderson: I don't. I would have to go back and actually drive it, and look at it, to get a better guesstimation of what the actual mileage was. Shephard Kopp: And when you are drop trailing, you want to try and pick up the scent every time you stopped and re‑scent the dog, correct? Eloise Anderson: I want the dog to pick up the scent every time I take the dog back out of the vehicle and re‑scent her, I'm asking her to look for that scent, yes. Shephard Kopp: Okay. And if you get to a particular spot where you stop and re‑scent the dog, and they don't pick the scent up, rather than move forward, you want to go backwards to the last place that the dog picked up the scent, right? Eloise Anderson: Not necessarily, no. Shephard Kopp: Well, wouldn't you want to go backwards and find out whether or not the trail the dog was following veered off to the right or to the left? Eloise Anderson: If there is an intersection between where we stopped the dog and where we are re‑scenting the dog, yes. But we tried to cover the intersections. If I scent my dog, and I have covered all my intersections, and I scent my dog and she does not pick up a scent, then I may want to move forward on the chance that where she is is a discontinuous portion of the trail where she can't pick up scent. And if I move her forward, she may be able to pick up scent. I may move her back, I may move her forward. If I missed an intersection, and I know I missed an intersection, then you are correct, I would move her back to that intersection to see. But my recollection was we didn't miss intersections. Shephard Kopp: Do you remember whether or not Miss Valentin and Merlin ever stopped at an intersection? Eloise Anderson: We were in two separate vehicles. So, and there were times when we weren't even in visual contact with each other, so I can't answer that. Shephard Kopp: Okay. And who was, so there were two teams working separately that day, correct? Eloise Anderson: Correct. Shephard Kopp: And with you, who did you have as support for your team? Eloise Anderson: I believe Thomas Brightbill was my support runner. Shephard Koppp: And do you know whether you were in front of Miss Valentin and Merlin, or behind them as you went west on 132? Eloise Anderson: Most of the time we were behind them. But to validate the dogs and make sure that they are staying honest, there were a couple of times where I let Trim go past where Cindee had stopped Merlin to make sure that she would drive forward past the point where Merlin stopped. Shephard Kopp: You wanted to make sure Trimble wasn't following Cindee Valentin's scent or Merlin's scent, right? Eloise Anderson: Correct. And that has never been a problem. But it was just a validation so that I could become confident in my own mind when we finish the trail that she had been working the scent I was giving her. Shephard Kopp: When you say that's never been a problem, you mean you have never found Trimble to follow Miss Valentin's scent, or Merlin's scent? Eloise Anderson: That's correct. And I have set those problems up specifically. Shephard Kopp: And she's quite familiar with, Trimble is quite familiar with their scent, because she's done a lot of training with them, right? Eloise Anderson: Correct. Shephard Kopp: Okay. So it wasn't a problem, you just wanted to make sure?Eloise Anderson: It was simply a validation. I'm sorry. Shephard Kopp: Now, I noticed one of the things that you did not testify about on your direct examination was the time when Trimble veered off the road went down the riverbank. Do you remember that? Eloise Anderson: I do. Shephard Kopp: Okay. And can you tell us a little bit about that? Eloise Anderson: She went past several little trails that went down to the river, and that was the only one where she dropped her nose and went around the corner and went down to the riverbank, came back up to the road and continued on the road. Shephard Kopp: Okay. And this was an in an area of Highway 132 that was 25 yards before an access gate, right? Eloise Anderson: Correct. Shephard Kopp: There is a sign by the area that says there is a passing lane in three quarters of a mile, correct? Eloise Anderson: That was an estimation, because we didn't have a GPS or anything that we could locate, so we just tried to ID it as best you could. Shephard Kopp: You marked this area with an orange grid ribbon labeled CCCSO, and put the date and time on that, right? Eloise Anderson: Correct. Shephard Kopp: Was that, was that affixed to some sort of a stake that was put in the ground there? Eloise Anderson: I believe my runner tied it. I thought he tied it to one of the tree branches that was overhanging the shoulder, but I can't say for sure. Shephard Kopp: Okay. And this was, as were you proceeding west on 132, this river was to your left, to the south, correct? Eloise Anderson: Correct. Shephard Kopp: Okay. So this is, this is a part of 132 where there isn't any shoulder on either side, correct? Eloise Anderson: There is shoulder, but it's fairly narrow. Shephard Kopp: If you park a vehicle on the, a little bit over the shoulder that exists on either side, that vehicle is going to be sticking into the lane of traffic, isn't it? Eloise Anderson: I don't recall. I know that there were portions along the riverbed, or the river there, where the shoulder was narrow. Whether that was one of those points, I can't say. Shephard Kopp: Okay. And this little detour that Trimble took, Trimble went down, crossed the eastbound lanes of traffic on one, or eastbound lane of traffic on 132, and then went down the hillside, and followed a path along that river for 30 or 40 yards, right? Eloise Anderson: That's incorrect. She was on, 132 runs east‑west, so she was on the south side of the road on the shoulder, running the trail along there. Shephard Kopp: So she was running on the south side of 132. Eloise Anderson: Correct. Shephard Kopp: For how long of your trailing on 132 was she on the south side? Eloise Anderson: I think primarily along there where there was lots of vegetation on the sides of the road. It was, as I recall, it was a narrower portion of 132. For the most part, she ran pretty close to the middle of the road. Shephard Kopp: And did you have some somebody further west on 132 that was stopping the eastbound traffic while you were doing this? Eloise Anderson: Yes. Shephard Kopp: So Trimble ran down to the river there and went for 30 or 40 yards westbound along the riverbank? Eloise Anderson: My recollection now isn't that it was 30 or 40 yards. I may have written that in my report. So I would then confirm, yes, that that's probably what it was. I don't remember it being that long, because she went down, we went a short distance, and she went right back up to the road. If I said 30 or 40 yards, Shephard Kopp: Do you have a copy of your report with you? Eloise Anderson: Yes. Shephard Kopp: If you could refer to page, Eloise Anderson: I did not, I believe that 30 or 40 yards is counting from the time she left the road until she came back up to the road. Shephard Kopp: Okay. Eloise Anderson: Because I know running along the riverbank was not 30 or 40 yards. Shephard Kopp: This is an instance where memory is better today than at the time you wrote the report, that, David Harris: Objection. That's, Judge Delucchi: Well, no, she can answer that. Do you think your memory is better today than when you wrote the report? Eloise Anderson: No. Shephard Kopp: You wrote this report the same day, strike that. When did you write the report that you are referring to? Eloise Anderson: There should be a date on the report. I wrote the report probably within 48 hours of running the trail. Shephard Kopp: Okay. You were using notes that you took while you were doing these trailing exercises, right? Eloise Anderson: I used some notes that some much our drivers took, because I was focusing on the dog. So it was where, it wasn't notes on what the dog did, but notes on where we where. We were running the trails. Shephard Kopp: Okay. And you wrote in the report that Trimble continued westbound along the riverbank for approximately 30 to 40 yards, correct? Eloise Anderson: Correct. Shephard Kopp: When you prepared these reports, you try to put in the most accurate information possible, don't you? Eloise Anderson: I try, but I'm not necessarily a good judge over distance. Shephard Kopp: Okay. And after you had Trimble down along the riverbank there, did you run your cadaver dog down to that riverbank? Eloise Anderson: I don't think that's where I actually ran the cadaver dog. Let me see. Shephard Kopp: Strike that. Let me withdraw that question. Was there a fair amount of traffic on Highway 132 when you were conducting this particular trailing exercise on January 4th? Eloise Anderson: That's hard to estimate, because they stopped it. I'd say when they released the traffic, when we would break the dogs, or went to release the traffic then, yes, there was a fair amount of traffic. But I can't say whether that's because there was a lot of traffic that day, or whether it was because the traffic was getting backed up. Shephard Kopp: And you are not familiar with what the traffic conditions usually are on Highway 132, right? Eloise Anderson: No. Shephard Kopp: And this was a trail run that was on January 4th which was about ten days or so after December 23rd or 4th, right? Eloise Anderson: Correct. Shephard Kopp: And there could have been tens, if not hundreds of thousands of cars that have passed along that route in the interim, right? Eloise Anderson: I have no idea. Shephard Kopp: Okay. One of the things that can obliterate scent is vehicle traffic, right? Eloise Anderson: Where the vehicles drive, it can shove scent off to the side. Shephard Kopp: And that's one of the things you want to take into consideration when you are evaluating what the trailing dog is doing as it follows a particular trail, right? Eloise Anderson: There may be areas where the dog will pick up, or will, excuse me, where the dog will lose the scent. We call that a discontinuous trail. And that's where we either move the dog forward or backwards to see if they will pick up the scent again. Shephard Kopp: Did you make any effort to determine what the vehicular traffic was along Highway 132 between December 24th and January 4th of 2003? Eloise Anderson: I didn't, because I didn't know until January 3rd that I was going to be running 132. Shephard Kopp: Okay. Did you ever make any attempts after January 4th to find out what the vehicular traffic had been during that time? <missing testimony> Shephard Kopp: . . . out why that was, correct? Eloise Anderson: I would probably evaluate it there, and look at an intersection, see if it's an intersection, or the other things that I listed. I would probably do it at that time. I may go back, I may not. Shephard Kopp: This is probably a good time for me to stop for noon. <noon recess> Shephard Kopp: Ms. Anderson, your testimony when you took Trimble out to 128 on January 4th was that Trimble was giving you a steady pull? Eloise Anderson: 128? Shephard Kopp: Yes. Highway 128? Eloise Anderson: 132. Shephard Kopp: I'm sorry, 132. Your testimony was that Trimble gave a steady pull; is that correct? Eloise Anderson: That's correct. Steady pull, level head. Shephard Kopp: Okay. And while you were drop‑trailing scent on 132, Trimble was not going from side to side seeking scent? Eloise Anderson: No. Shephard Kopp: Going, Eloise Anderson: She was not in a, what I would call a hunting behavior. She was lined out on, on her line. Shephard Kopp: Okay. And that indicated to you that she was following a specific scent and not having any difficulty discerning than scent, correct? Eloise Anderson: Correct. Shephard Kopp: Okay. Now, it's true that scent, human scent will be diffused from an area over time, correct? Eloise Anderson: Correct. Shephard Kopp: And some of the variables that go into that equation are weather conditions, wind conditions, humidity, precipitation, et cetera; is that right? Eloise Anderson: Correct. Shephard Kopp: And on a trail that is ten or 11 days old, you would expect to see more diffusion of, of a scent trail than you would on a trail with, say, an hour or two old, right? Eloise Anderson: Correct. Shephard Kopp: And so you might expect to see a scent trail that was ten or 11 days old, you might expect to see the scent would be scattered over a larger area, right? Eloise Anderson: Correct. Shephard Kopp: You didn't, and, and if that was so, you would expect the dog to move from side to side looking for the scent, right? Eloise Anderson: Not necessarily, no. Shephard Kopp: Okay. Is that something that a dog might do? Eloise Anderson: I think it depends upon the dog. My dog, if she locks in to an area of scent, like if she's working the shoulder and she's got a reasonable scent picture there, she's not going to weave out into the middle of the road where her scent picture may be diluted. Shephard Kopp: Okay. And while you were on 132 with Trimble on January 4th, 2003, was Trimble working primarily at the side of the road, the middle of the road? Eloise Anderson: I think primarily she worked the side of the road. There were some short legs where she worked the middle, the middle of the road, or the middle of one lane. Shephard Kopp: And I don't know if you testified to this earlier or not, but as far as you know, Trimble's work on 132 was not videotaped? Eloise Anderson: So far as I know it's not. Shephard Kopp: Okay. Now, there's a, excuse me, there's a difference between live, or scent from a live human person and scent from a dead person, right? Eloise Anderson: Correct. Shephard Kopp: And you use trailing dogs to trail scent from a live person, whereas you would use a cadaver dog to try and locate a dead person, right? Eloise Anderson: Correct. Shephard Kopp: And on, when, when you had Trimble with you trailing on January 4th, do you also have your cadaver dog, Twist, right? Eloise Anderson: Yes, I did. Shephard Kopp: And you only use Twist for, you only used Twist one time as you went along Highway 132 that day, correct? Eloise Anderson: That's correct. Shephard Kopp: And you, Eloise Anderson: No, that's not correct, actually. I think, I think I used her twice. Just before we started the trail along the river, but I would have to go back and read, check my report, but just before I started the trail with Trimble along the river and under the overpass. Shephard Kopp: You want to check your report and make sure that's accurate? Eloise Anderson: On the second page, at the top: Two miles from the intersection of Paradise Road and Highway 132 I rested my trailing dog, and handler Cindee Valentin requested that I work my cadaver dog, Twist, along the riverbank to the south of 132. And then I believe I worked Twist again at the Highway 132 bridge, under the bridge. Shephard Kopp: Okay. And on neither occasion did Twist alert, correct?Eloise Anderson: Correct. Shephard Kopp: And what is Twist's alert when Twist identifies a dead body or part of a decomposing body? Eloise Anderson: Twist will, I have what I call a people bringsel, I wear it on my belt. It's like a long tab that I wear on my belt. She will come back and grab that, and then she will go back and lie down at the source. Shephard Kopp: Okay. So Twist's alert is a two part process. She'll grab this bringsel? Eloise Anderson: Bringsel, right. Shephard Kopp: And then she'll go and lie down at the source where she's scented the decomposing body? Eloise Anderson: Correct. If I'm very, very close to her, like within a couple of feet, she may just down at the, on the source. Shephard Kopp: Okay. Go back to Trimble for a little, a little while. Incidentally, we talked a little bit about the particular scent articles that were being used. And would you agree that an article of clothing that is somewhat porous absorbs scent, human scent, more readily than a hard object? Eloise Anderson: Correct. Yes, I would agree. Shephard Kopp: So, for example, a slipper would have a lot more human scent in it than a hard plastic object, such as sunglasses or a sunglass case, right? Eloise Anderson: Not necessarily. Sunglasses are something that you've put on your face, so you have a lot of skin oils, possibly makeup, anything that might be common to that person, and so you may get much more scent hanging onto that. Shephard Kopp: Okay. You might, right? Eloise Anderson: You could, yes. Shephard Kopp: But you could also, I mean, feet have a certain smell about them, don't they? Eloise Anderson: They do, yes, they do. Shephard Kopp: And so a person's slipper might have a considerable amount of human scents contained on it if it's a soft sort of slipper, right? Eloise Anderson: Yes. Shephard Kopp: Do you remember the brown slipper that was Scott Peterson's that you were using? Do you remember what that was made out of? Eloise Anderson: I believe it was made out of on the outside almost a, a wool type of textured material, as I recall. And then maybe like a phony sheep skin on the inside? But I'm not positive about that. Shephard Kopp: Okay. Both items would have been fairly absorbent material; is that right? Eloise Anderson: Correct. Shephard Kopp: And you, you testified earlier about either the freshest scent or the strongest scent? Eloise Anderson: Correct. Shephard Kopp: I want to ask you about that. These dogs are trained to follow the strongest scent, right? Eloise Anderson: Correct. Shephard Kopp: And the strongest scent is not always the freshest scent, right? Eloise Anderson: Not always. Usually. Shephard Kopp: Usually, Eloise Anderson: Well, over 99 percent, probably, of the time. Shephard Kopp: Well, let me, let me just give you an example. If there's a person inside a vehicle with the windows rolled up, and it's driven down the street, maybe some of that person's scent escapes somehow out of the car, right? Eloise Anderson: Yes. Shephard Kopp: Okay. And if that, whatever remains of that scent is compared to the same person who left the location, maybe a day earlier, several hours earlier, by foot so that there was a contact trail, say, along the sidewalk, there could be a lot more of that person's scent than came out of the vehicle, right? Eloise Anderson: Possibly. Possibly not. Shephard Kopp: And so it might be difficult to say in that circumstance which is the stronger scent, correct? Eloise Anderson: It might be difficult to, to say definitively, yes. Shephard Kopp: And a person's scent left by a contact trail left by walking could be dispersed from the sidewalk out into the street, right? Eloise Anderson: Not as readily as the vehicle scent would be dispersed because you have the wash behind the vehicle. Shephard Kopp: Right, but you would also have wind and possible precipitation that might disperse a person's contact scent left on the sidewalk, right? Eloise Anderson: True. Shephard Kopp: Okay. Now, when you took Trimble to the Berkeley Marina, that was on December 28, 2002? Eloise Anderson: Correct. Shephard Kopp: And who else made that trip with you? Eloise Anderson: When I got there Captain Boyer was there. There were some people from the Alameda County search and rescue group. There was also Modesto PD people there. People, a lot of people that I actually didn't know. I traveled there, actually, by myself. Shephard Kopp: Okay. So there were a substantial number of people there that were going to be involved in this search operation, right? Eloise Anderson: Define "substantial." Shephard Kopp: Well, more than five? Eloise Anderson: More than five, yes. Shephard Kopp: Okay. And who's the person that provided you with the sunglass case and sunglasses? Eloise Anderson: The sunglass, I don't know who from Modesto, oh, wait a minute. I think in my report I said, let me, let me refresh my memory from my report here. Yes. It was brought up by Modesto PD, and they handed it to me. Shephard Kopp: You don't remember which particular officer? Eloise Anderson: I don't. I don't know their names. Shephard Kopp: Okay. Judge Delucchi: When you say "they" handed it, did they hand you the sunglasses inside the case? Eloise Anderson: They handed me the sunglasses inside a Ziploc bag. A couple of Ziploc bags. Judge Delucchi: Separate from the case? Eloise Anderson: No. The sunglasses and the case had not been separated. Judge Delucchi: Okay, so the sunglasses and the case, Eloise Anderson: And they were then inside two Ziploc bags. Judge Delucchi: Okay. Shephard Kopp: Did you notice any identifying tags, either inside the plastic bag or on the outside? Eloise Anderson: No, I didn't. Shephard Kopp: Did you, was the exterior bag sealed when you received the items? Eloise Anderson: Yes. Shephard Kopp: And you're the person who opened up the bag in order to scent Trimble, correct? Eloise Anderson: Correct. Shephard Kopp: And you had plastic, or, excuse me, rubber gloves on at the time you did that? Eloise Anderson: Correct. Shephard Kopp: And you first, do you, if I can approach the witness? Judge Delulcchi: Sure. Shephard Kopp: I'm looking for P 12. Do you have any of the maps ‑‑ Eloise Anderson: Oh, I gave them back to Mr. Harris. Judge Delucchi: 12 was the overview of the Berkeley Marina. Shephard Kopp: Yes. The court has a copy of this? Judge Delucchi: I've seen it. Thank you, Mr. Kopp. Shephard Kopp: Okay. Now, this picture as you look at it is oriented to the compass, correct? North is at the top of the page? Eloise Anderson: I believe so. Shephard Kopp: Okay. And on the, on the lower third or half of the photograph it shows at least a part of the Berkeley Marina and numerous boats tied up at slips, correct? Eloise Anderson: Correct. Shephard Kopp: And to the west, or to the left of the photograph is San Francisco Bay? Eloise Anderson: Correct. Shephard Kopp: Okay. Now, you initially went to the northeast entrance to the launch area, right? Eloise Anderson: Correct. Shephard Kopp: And the launch area consists of, well, there are three piers that run north to south, and there are areas in here where people can back trailers into the water, correct? Eloise Anderson: Correct. Shephard Kopp: And you initially took Trimble to an area that was to the north and east of the launch area, right? Eloise Anderson: Correct. Shephard Kopp: And you scented her with the sunglasses and the sunglass case, right? Eloise Anderson: Correct. Shephard Kopp: And Trimble sniffed around and returned to where you were and sat down, right? Eloise Anderson: Correct. Shephard Kopp: And that, and you took that to mean that Trimble did not identify a scent? Eloise Anderson: Correct. That's a trained behavior that I, that I trained to the dog. Shephard Kopp: Okay. You moved a little bit closer to the launch area after that and you repeated the process, right? Eloise Anderson: Correct. Shephard Kopp: And, now, I'm a little unclear. In your report you wrote that you did this twice? Eloise Anderson: Correct. And I, and I established this with Mr. Harris, and I think I already talked about it that when I wrote, when I drew this map, which was just recently, I thought I remembered that I had done it three times. When I went back, after I did the map and read my report, I realized that I had only done it twice. Shephard Kopp: Okay. That's why you write the report, because you try and write it close in time to your investigation? Eloise Anderson: Correct. Correct. And, Shephard Kopp: To, Eloise Anderson: , and I thought I clarified that earlier, but, Shephard Kopp: You may have. Eloise Anderson: Yeah. Shephard Kopp: So after Trimble was unable to pick up a scent on the northeast side of the launch area, you then went to the northwest side of the launch area? Eloise Anderson: Correct. Shephard Kopp: And you again scented Trimble, right? Eloise Anderson: Yes. Shephard Kopp: That was with the sunglasses and case, right? Eloise Anderson: Yes. Shephard Kopp: And Trimble initially headed to the north and then returned and proceeded south towards the launch area, right? Eloise Anderson: Correct. Shephard Kopp: And Trimble went out along the pier, of the three piers that make up the launch area, Trimble went out on the western‑most pier, correct? Eloise Anderson: Correct. Shephard Kopp: And went down to a pylon, made a sharp, Eloise Anderson: Right here. Shephard Kopp: Okay. And, now, at some point Trimble went, made a sharp right turn and sharp left turn? Eloise Anderson: She stopped at the pylon, gave me end of trail. I let her stand there for a minute or two, or not for a minute or two. Probably for five or ten seconds. She turned and went along here and down maybe the width of one boat, and came back to the pylon. This, this was a graphic representation, and I thought if I started getting into a lot of little dash lines, things like that, it would not be, it would be confusing. Shephard Kopp:: Okay. And, but Trimble remained on that western‑most pier and basically stopped and looked at the water, right? Eloise Anderson: Correct. Shephard Kopp: Do Labrador Retrievers like the water? Eloise Anderson: They like the water. Shephard Kopp: Now, did you believe you were following the scent of a live human being? Or the scent of a cadaver? Eloise Anderson: I believed that I was following the scent of the person that she was scented on. Shephard Kopp: And that was, Eloise Anderson: And, Shephard Kopp: I'm sorry. Eloise Anderson: And I was going to say, and, and at that point, even if she were no longer alive, there would be some skin raft still coming off. And her scent article was also probably the age of the item that she was trailing. Shephard Kopp: Okay. The, when you say the skin rafts coming off of a person's who's dead, is there any literature that you can alert us to that would support that opinion? Eloise Anderson: None that I know of. Shephard Kopp: Okay. Skin rafts come off of live people because biological processes keep producing skin and then the skin rafts, the, the ‑‑ Eloise Anderson: Skin rafts I would also think could come off of dead people because you still have friction from clothing, you have skin rafts on the clothing itself. You have wind factors, Shephard Kopp: I'm sorry, let me stop you there. David Harris: Your Honor, she was answering the question. Judge Delucchi: Wait a minute. I'm not sure it's responsive. Shephard Kopp: Well, I was going to object that it's speculation. Judge Delucchi: Well, I don't think, she's qualified as an expert. I think she can give her opinion. It goes to the weight rather than its admissibility. Overruled. Shephard Kopp: Okay. Judge Delucchi: Finish your answer. Eloise Anderson: In my opinion you would still get skin rafts off of a person who could be deceased. Shephard Kopp: Have you ever pursued any scientific course work in which you examined that theory? Eloise Anderson: No, I haven't. Shephard Kopp: Okay. And did you ever, do you have any training in biological sciences? Eloise Anderson: I do. Shephard Kopp: And what's that? Eloise Anderson: Physiology and ecology, biology. Shephard Kopp: And at what level? Eloise Anderson: I was in a master's program. Shephard Kopp: And did you get your, obtain your master's degree? Eloise Anderson: No, I never finished the thesis, but I took all the classes. Shephard Kopp: Have you pursued any training in the sciences as they relate to the tracking by dogs of human scent or of the scent of decomposing humans? Eloise Anderson: I've read books on, on cadaver dogs and trailing dogs, yes. Shephard Kopp: And can you point to any particular book which discussed skin rafts being thrown off by dead people? Eloise Anderson: Syrotuck, Scent and the Scenting Dog. Shephard Kopp: What's the name of the author? Eloise Anderson: Syrotuck, I believe. It's an older book. Shephard Kopp: Now, the point of using cadaver dogs is that they detect dead people, right? Eloise Anderson: Correct. Shephard Kopp: When you use a trailing dog, you are trailing that dog after a scent that's been left behind by a live human being, right? Eloise Anderson: Correct. Shephard Kopp: Okay. Going back to the trailing that was done at the Berkeley Marina, did you, well, strike that. The scent that Trimble was following from the northwest portion of the launch area down to the pier, was that done in a manner that suggested a contact trail? Or a vehicle trail? Eloise Anderson: Because of the way she worked the trail and the way she came back against vegetation, going down to the marina, my opinion would be that that was a non‑contact trail. Shephard Kopp: And as you just testified, a non‑contact trail is more easily subject to being dispersed by environmental factors, right? Eloise Anderson: It could be, yes. Shephard Kopp: And, and, and the chief environmental factor is wind, isn't it? Eloise Anderson: Yes. Shephard Kopp: And the wind in San Francisco Bay, the prevailing wind comes from the west, right? Eloise Anderson: I can't testify definitively to that. When I ran that trail, the wind was not coming from the west. Shepherd Kopp:: Okay. When you ran that trail, you did not make any notations whatsoever about the prevailing environmental conditions, correct? Eloise Anderson: No. Shephard Kopp: Okay. As a matter of fact, on every single trailing exercise you did in connection with this case, you never noted what the environmental conditions were, right? Eloise Anderson: If you look at my training logs, I do have environmental conditions listed in my trailing logs. Shephard Kopp: Right, in your training logs, but ‑‑ Eloise Anderson: Training logs, I'm sorry. Shephard Kopp: , but when you went out to actually look for a missing person, you didn't make a notation of what the weather conditions were like, did you? Eloise Anderson: Not in my report, no, I didn't. Shephard Kopp: Now, you say you don't have personal knowledge of what the prevailing wind is coming through San Francisco Bay; is that right? Eloise Anderson: No. Shephard Kopp: Have you ever been to the beach in Northern California? Eloise Anderson: Yes. Shephard Kopp: And does the wind usually come off the ocean onto the land? Eloise Anderson: I don't go to the beach that much. It possibly could. Shephard Kopp: Okay. Have you ever heard the phrase "ocean breeze"? Eloise Anderson: Yes. Shephard Kopp: What do you believe that phrase means? David Harris: Objection. Relevance. Judge Delucchi: Sustained. Shephard Kopp: I'll withdraw that question. Judge Delucchi: Sustained. Shephard Kopp: Now. If the prevailing wind in San Francisco Bay comes from the ocean onto the land, you would expect that any scent Trimble would be trailing left by a non‑contact trail would have been blown away from the western‑most pier to the east, right? Eloise Anderson: Not with Trimble. Trimble in training trails has not necessarily worked to the far side of her, of her trails. Shephard Kopp: Well, what I'm trying to ask is, Eloise Anderson: With, with some dogs, possibly. But I have training trails with Trimble where she has not gone to the far side of, say, a fire road when the wind is coming from the west and blowing east. She has still worked the west side of the trail. Shephard Kopp: Okay. If there's a scent that's, that's laid proceeding from the area where you started Trimble, at the Berkeley Marina, and down to one of these launch areas, oh, by the way, when you were on this pier Eloise Anderson: Uh‑huh. Shephard Kopp: , where Trimble stopped Eloise Anderson: Uh‑huh. Shepherd Kopp:: , was that the kind of area where you could launch a boat from a trailer? Eloise Anderson: It was the kind of area where you could tie up a boat. Shephard Kopp: Okay. But if you had a boat on a trailer and you went to the Berkeley Marina, you would be backing that boat down one of these launch ramps in order to get it into the water, correct? Eloise Anderson: Correct. Shephard Kopp: This other area around the western-most pier, you could tie up a boat there, right? Eloise Anderson: Along the pier that she went down? Shephard Kopp: Yes. Eloise Anderson: Yes. Shephard Kopp: Okay. Now, if a person had driven a vehicle down from this area where you started Trimble down to one of the launch areas, and the wind was to the west, you wouldn't expect, from the west to the east, you wouldn't expect any of the scent to wind up on the vegetation on the western-most part of that path, right? Eloise Anderson: When I ran this trail, the wind was not from the west. Shephard Kopp: That's not the question. Eloise Anderson: Okay. Shephard Kopp: The question was if the prevailing wind was west to east and a person drove this route with a vehicle down to the launch ramp, you wouldn't expect the scent to end up on the west side; it would be blown to the east, right? Eloise Anderson: You would still get some scent on the west side. Shephard Kopp: Well, Eloise Anderson: The primary scent would be blown to the east, but if you dock on that western-most dock, you're still going to get some scent there. Shephard Kopp: Do you have any information that Mr. Peterson docked his boat on the west side of that dock? Eloise Anderson: I don't. I'm only telling you what my dog did. Shephard Kopp: Okay. Well, do skin rafts have the ability to swim upstream against the prevailing wind? David Harris: Objection. Argumentative. Judge Delucchi: I don't, I don't, I don't know. I'm going to let you answer the question. Can skin rafts go against the prevailing wind? Is that possible in your experience? Eloise Anderson: I think it would depend upon the level of the wind. I think that he could be right, that it might not go against that. But I think also, if there isn't a strong wind, you're going to get skin rafts, that if you, if you're talking about something that may be in a boat, you're going to get skin rafts that are going to flow over the sides of the boat, and they may stick to that. Shephard Kopp: Okay. But we're, these skin rafts are microscopic items, correct? Eloise Anderson: Correct. Shephard Kopp: And if there's a breeze blowing from one direction to the other, you're not going to expect to see the skin rafts be floating up wind against the prevailing wind, right? Eloise Anderson: How strong a breeze? Shephard Kopp: Well, more than five miles an hour? Eloise Anderson: No, you probably wouldn't. Shephard Kopp: Now, let me ask you some questions about Twist. You brought Twist to Modesto on December 27th, right? Eloise Anderson: I'm sorry, yes, that's correct. Shephard Kopp: And did someone from the Modesto Police Department ask you to ask Twist to try and identify the scent of a cadaver? Eloise Anderson: Yes. Shephard Kopp: And who was that person who asked you, if you recall? Eloise Anderson: I believe when we set it up on the 26th, that it was Sergeant Cloward that originally, through our Captain Boyer, set up, set up the search. Shephard Kopp: Okay. So the request was actually made on the 26th for you to bring, Eloise Anderson: The evening of the 26th, before we, we went home, we knew we would be come, we would come back the next day. Shephard Kopp: Okay. Did anyone explain why it was you would be bringing a cadaver dog? Eloise Anderson: To, to work specific areas that we were assigned, looking for cadaver scent. Shephard Kopp: Okay. So you brought Twist out to try and look for this, the smell of a dead person, right? Eloise Anderson: Yes. Shephard Kopp: Okay. And you took Twist through La Loma Park, right? Eloise Anderson: Yes. Shephard Kopp: And you didn't, Twist did not alert anywhere there, right? Eloise Anderson: Correct. Shephard Kopp: And then, and you had Twist in the residence, the residence at 523 Covena, right? Eloise Anderson: Correct. Shephard Kopp: And you had Twist in the shed behind the residence, correct? Eloise Anderson: Correct. Shephard Kopp: Okay. And after that you took Twist to the warehouse belonging to Mr. Peterson, right? Eloise Anderson: Correct. Shephard Kopp: And there you worked the dog through the warehouse, right? Eloise Anderson: Yes. Shephard Kopp: It was difficult to work the dog because of this overpowering smell? Eloise Anderson: Yes. Shephard Kopp: And did you know that some of the smells that were in the warehouse were from fertilizer? Eloise Anderson: Yes, because of the fertilizer containers. Shepherd Kopp:: Right. And, in fact, the dog previously alerted on fertilizer and had given you an alert back at the shed at the residence, right? Eloise Anderson: I did not say that. Shephard Kopp: All right. Eloise Anderson: What I told, I said, Shephard Kopp: All right. Judge Delucchi: Let her answer the question. Go ahead. You can answer the question. Eloise Anderson: Thank you. She did alert on the shed. There were containers of fertilizer there. What I told the detective that was with me was I cannot, under these circumstances, tell you she is not alerting on the fertilizer. Shephard Kopp: Okay. You wrote in your report that Twist went, she worked into a shed, crawled over a blue tarp on the lawnmower and alerted, right? Eloise Anderson: Correct. Shephard Kopp: Then you wrote: When I asked her to show me, she hit a container that appeared to have fertilizer in it, right? Eloise Anderson: Correct. Correct. Shephard Kopp: Okay. Eloise Anderson: But if there had been combined scents in there, I couldn't tell him what she was alerting on because of the container, and I removed that container. Shephard Kopp: Okay. And you removed the container, and then the dog went right back in there and alerted and lied (sic) down next to the lawnmower, right? Eloise Anderson: Correct. Shephard Kopp: Now, when you write these reports, you want to put in as much information as you can about what your dog did, right? Eloise Anderson: Correct. Shephard Kopp: That's so that later on, if you need to remember, you can refresh your recollection with what you wrote in your report, right? Eloise Anderson: Correct. Shephard Kopp: Okay. When you took Twist out to the warehouse, you wrote that Twist, when put into the boat, showed, showed mild interest but no alerts, right? Eloise Anderson: Correct. Shephard Kopp: Now, mild interest, is that the sort of interest where maybe you got a couple of dog bones in your pocket and your dog sniffs around your pocket? Eloise Anderson: No. Shephard Kopp: Okay. Now, you wrote she also showed interest in some containers along the workbench, right? Eloise Anderson: Correct. Shephard Kopp: And what was in these containers? Eloise Anderson: I didn't examine them. They were cardboard boxes and they had some boxes and other materials in them. They were not fertilizer containers. Shephard Kopp: Okay. Do you remember any of the writing that was on the boxes? Eloise Anderson: I don't remember writing on the boxes. I know that when she hit her bringsel along the side of the, well, in that area, between the boat and the workbench, and I told her to show me, she actually went to one of the boxes and grabbed a Ziploc box out of it, which I immediately had her drop since she is not to retrieve items. And so I had her drop it ‑‑ Shephard Kopp: I'm sorry, Eloise Anderson: , but she actually went and grabbed a box, or a Ziploc box out of the one of the boxes under the workbench. Shephard Kopp: Okay. So when you say a Ziploc box, are you talking about a box that contained Ziploc bags? Eloise Anderson: It was a blue and yellow box. Shephard Kopp: And, Eloise Anderson: That I recall as a Ziploc box. Shephard Kopp: So you recall it as being a, a box that contained Ziploc baggies; is that correct? Eloise Anderson: Correct. Shephard Kopp: You didn't put that in your report, did you? Eloise Anderson: No, I didn't. Shephard Kopp: And so the, Twist is trained not to grab items or retrieve them. When Twist is alerting, Twist is supposed to grab your bringsel, Eloise Anderson: Grab the bringsel, down on the source. Shephard Kopp: So Twist was not behaving in a manner consistent with what you expect when Twist alerts on a dead or decomposing body, correct? Eloise Anderson: When she has a source that she can down on. She did not have a source that she can down on. When she has a source that she can actually pinpoint and locate, she will down on it. Shephard Kopp: And when you say she has a source that, well, strike that. Now, at this point she was demonstrating some frustration, right? Eloise Anderson: Correct. Shephard Kopp: And, again, you asked her to identify, if she could, the smell of a dead or decomposing body; and again you wrote: She did not go to her full alert or pinpoint a particular spot, right? Eloise Anderson: Correct. And the full alert is grab the bringsel, down on a source. Shephard Kopp: Okay. And she didn't do that? Eloise Anderson: Correct. Shephard Kopp: Now, one of the reasons that you were concerned was because you thought this smell was potentially interfering with her ability to adequately track the scent of the dead or decomposing body, right? Eloise Anderson: I didn't know how to interpret the smell. I, I didn't feel comfortable giving a definitive opinion on that because it was outside of our training parameters. We had not worked under those kind of conditions. We had not worked or trained under those kind of conditions. Shephard Kopp: Okay. Did you ever ask anyone from the Modesto Police Department if they could bring the boat out from the warehouse and remove it from the potentially distracting smells that were inside the warehouse and then retest Twist in the boat? Eloise Anderson: I didn't because I didn't feel that, unless we came back a day or two later, that it would be productive; that there would be still a great deal of scent clinging to the boat. She dropped her nose when I put her in the boat. I believe the boat was acting like a little pond for the fertilizer scent, and that's why she dropped her nose and would not continue in the boat. That's why I labeled that mild interest. Shephard Kopp: I will object and move to strike. Everything after "I believe" is speculation. Judge Delucchi: Well, I think she's giving her opinion as an expert witness. Overruled. Shephard Kopp: Okay. So you believe that the fertilizer scent inside the warehouse could potentially have permeated the boat such that there would be no way for Twist to give you a solid alert that you could count on, right? Eloise Anderson: Possibly not that day. Shephard Kopp: Okay. And did you ever ask whether or not you could have the boat removed from the warehouse and kept away from the warehouse for a day or two so that you could come back with Twist? Eloise Anderson: No, I didn't. Shephard Kopp: Anybody from the, did you discuss that possibility with the Modesto police officers? Eloise Anderson: No, I didn't. Shephard Kopp: By the way, do you ever recall seeing a truck belonging to Scott Peterson, either at the house or at the warehouse? Eloise Anderson: I can't say because I know I saw pictures of the truck and the boat, and I can't separate whether I actually saw them at the warehouse or had just seen pictures of them. Shephard Kopp: This was like the, a bronze or brown tan Ford F-150? Eloise Anderson: I know what the truck looks like. Shephard Kopp: Did you ever ask to put the dog, Twist, inside that vehicle? Eloise Anderson: I asked if they wanted me to have Twist check the boat, check the truck, I'm sorry, and they said no. Shephard Kopp: Okay. Who told you that? Eloise Anderson: I believe it was, Shephard Kopp: Detective Brocchini? Eloise Anderson: No, it was not Brocchini. It was Dodge. Detective Dodge. Shephard Kopp: Dodge Hendee? Eloise Anderson: Hendee. Thank you. I couldn't remember his last name, I'm sorry. Shephard Kopp: Okay. And did you know at the time that you asked, well, strike that. You asked if they wanted the dog to check the truck, because you knew that a possible theory was that Ms. Peterson's body had been in that truck, right? Eloise Anderson: And that that would be something that we can check that wouldn't have the fertilizer issue, yes. Shephard Kopp: Right. So you knew that that was a possible theory that the police were pursuing, and it seemed logical to you as a cadaver dog handler to put the dog in the truck that would not have the fertilizer contamination smell, right? Eloise Anderson: Correct. Shephard Kopp: You offered to do that and they didn't take you up on the offer, right? Eloise Anderson: I believe at that point that they were already processing the truck. The dog evidence is only corroborative, and if we find anything, it's up to the lab to determine if there's anything there. Shephard Kopp: Okay. Well, but, at the time that you made the offer to put the dog into the truck, the truck was available for you to put the dog in the truck, right? Eloise Anderson: I don't know if the truck was or not. I don't know where the truck was. Shephard Kopp: If I could just have a moment, your Honor. Judge Delucchi: Sure. Go ahead. (Pause in proceedings) Shephard Kopp: Just briefly, did anyone ever ask you to use Twist at the Berkeley Marina at any time? Eloise Anderson: No, they did not. Shephard Kopp: Did you ever offer to use Twist at that time? Eloise Anderson: No. Twist is not certified in water. Shephard Kopp: Okay. Well, did anyone ever ask you, strike that. You could have used Twist at the launch ramp or the entrance to the marina; those weren't areas that were under water, right? Eloise Anderson: That's true. Shephard Kopp: I mean, you didn't scent Trimble in any area that was under water, right? Eloise Anderson: No, I didn't. Shephard Kopp: Okay. I don't have anything further, your Honor.
Redirect Examination David Harris: Ms. Anderson, just, I want to talk about Twist for a minute. You were using a term and I want to make sure the record is clear about that. You said if there was a source so that she can "down" on it. Can you explain what that means? Eloise Anderson: When we train these dogs, we don't train them very frequently on what we call residual scent, meaning a scent source that was there and is no longer there. When we train them, we train them primarily, not all the time, but primarily with a source, be it buried, be it on the surface, hanging in a bush, or something like that, so that she has scent emanating from a specific point. And her job is to locate that source and where that scent is emanating from. David Harris: Now, if the source is in a place for, I don't know, for a period of time, possibly, or it's in a confined space, does the source, you described earlier, used the term "pool." Does the source start to emanate and form a pool, scent pool? Eloise Anderson: Yes, it can. David Harris: And I guess for just an analogy purpose to help us all understand, is that pool somewhat like an invisible cloud? Eloise Anderson: It can be like an invisible cloud. It will also settle down and sometimes be low along the ground, depending upon what the ambient temperature and weather conditions are. Or if it's on an interior, in a building, you may have scent that's kind of settled on the ground and then also collecting on items that are more porous or sticky to the scent, which gives the dog just an area of scent, rather than a source that they can actually pinpoint. David Harris: Now, you were mentioning that it was your opinion, from what you saw and observed of your dog, talking about Twist that day at the warehouse, that the chemical smell had settled into the boat? Is that what you were explaining? Eloise Anderson: Correct. That was my opinion as to why she was reluctant to stay in the boat and work the boat, because that was unusual behavior for her. David Harris: The pooling process, this kind of invisible cloud that we're talking about, as the chemical smell moves throughout that warehouse and settles, would it settle into that boat and be retained by the sides of the boat? Shephard Kopp: Objection. I don't think there's any foundation. Judge Delucchi: I think that's probably beyond her expertise. David Harris: Could you describe for the court briefly how that boat was? Eloise Anderson: How it was? So far as how it was setting (sic) in the, in the warehouse? David Harris: Let me move on to something else. Eloise Anderson: Okay. David Harris: You were asked about the dog hitting on fertilizer at the shed. Did you remove the fertilizer from the shed? Eloise Anderson: I did remove the fertilizer from the shed. David Harris: Did you have the dog go back in and work the shed again? Eloise Anderson: I did. David Harris: And what did the dog do? Eloise Anderson: She alerted again. She alerted on the blue tarp. When I looked at the blue tarp that was there, I also saw what was brown-type fluid. I didn't know what that was, so I moved the tarp and asked her again to check. David Harris: And what did the dog do? Eloise Anderson: And she alerted again and stood up and worked her nose along the shelves in the shed. Well, she went into the shed before she actually did her third alert. She went into the shed, stood up on her behind legs, worked her nose up higher on the shelves in the shed, and then came out, did her alert, went back and downed in the same area where she had been downing before. Judge Delucchi: Where was this blue tarp located in the shed? Eloise Anderson: In the shed. It was a shed next to the barbeque out on the patio. And there was a container that appeared to have fertilizer in it, like one of those spray containers. There was a lawnmower, and there was a blue tarp that was over the lawnmower. So she went in and hit the shed. Because the fertilizer was something outside of our training parameters, I removed the container. Judge Delucchi: Took it out of the shed? Eloise Anderson: I took it out of the shed, asked her to go back and check again. She hit where the, where the lawnmower and the tarp were. I took, because I saw something brownish on the tarp, I also removed that, asked her to go back again. Judge Delucchi: Was this brown, this material, was this a stain on the tarp or was it some sort of foreign material? Eloise Anderson: It looked to me like a drop or some drops. I mean it was, it was maybe, like, this big. Judge Delucchi: It was something you could actually brush off? Eloise Anderson: It was something you could have washed off. It was liquid so it was something you could have washed off. It was not something you could have just brushed off. Judge Delucchi: All right. Eloise Anderson: Or I assume you could have washed it off. Judge Delucchi: I want to ask a question. Has Twist been found to be reliable in tracking cadavers. Eloise Anderson: She doesn't track cadavers. Judge Delucchi: What's the correct terminology? Eloise Anderson: In locating. Judge Delucchi: Locating. Eloise Anderson: Locating cadavers. Judge Delucchi: Hard to track a cadaver. Eloise Anderson: They don't move very fast. Judge Delucchi: In locating a cadaver, has she been very reliable in locating the cadavers? Eloise Anderson: She has been reliable in locating cadavers. Judge Delucchi: Can you give me some examples? Eloise Anderson: I can, Judge Delucchi: Where she's actually located a cadaver or led to the recovery of a cadaver? Eloise Anderson: She led to the recovery, working from the bank in the Delta, she led to the recovery of a child that had fallen off the back of a boat. She also has another, it's an ongoing case and so I can't actually talk about it but, Judge Delucchi: Don't tell us about that. Eloise Anderson: , but there's been confirmation that the dogs were correct. Judge Delucchi: Is that the only two examples? Eloise Anderson: Off the top of my head. Judge Delucchi: Okay. Have there been others that you don't, you don't remember? Eloise Anderson: Some of them we never know. Some of them the dog, the dogs may alert, and depending upon the case and what, what the priorities are to really solve the case, they may or may not go in with a lab and really work the area to determine if there was anything there or not. Judge Delucchi: When you say the dog alerted to the blue tarp, what did the dog do? Eloise Anderson: She went in, she worked where the blue tarp and the container were. She came back, grabbed her bringsel. I reached down, which is just the whole pattern of behavior; reached down, gave her a gentle slap on the shoulder, said Show me. She went back and downed next to the tarp and the container and the lawnmower. Judge Delucchi: Okay. All right. Go ahead, Mr. Harris. David Harris: Ms. Anderson, going, to go back, the judge was asking you about whether Twist had been found to be reliable and you're giving examples. Are those the actual real‑life kind of situations? Eloise Anderson: Those were searches. David Harris: Have, has Twist gone through any training? Eloise Anderson: Twist has gone through seminars. We train on a fairly regular basis. David Harris: And in those training, Eloise Anderson: She's done, go ahead. David Harris: In those trainings has Twist been able to find the targets or the location that was set up as part of the practical problems? Eloise Anderson: Yes, she has. David Harris: And, also, is, has Twist been certified by CARDA? Eloise Anderson: Twist is certified by the state OES, which is a standard, the CARDA standard, CARDA doesn't actually certify cadaver dogs that much anymore. It's now more of a blanket certification through state OES. David Harris: And does the state, the Office of Emergency Services, do this so that through mutual aid programs they can contact dogs from around the state and put them to work for agencies that need them? Eloise Anderson: Correct. David Harris: So the state has the guidelines; you get certified by them to become what's called mission ready? Eloise Anderson: Correct. David Harris: Now, I wanted, since we're talking about training, I want to switch a little bit to your other dog Trimble that we talked about. You were asked a, specifically about a couple of questions about Trimble's training. The examples that you gave to me when we were going through specific instances, and for the defense counsel those specific instances, are those the only trainings that Trimble has done? Eloise Anderson: No. Judge Delucchi: Well, Mr. Harris, I think I already found Trimble to be a qualified dog. David Harris: Right. I just wanted to make sure that the record was clear that ‑‑ Judge Delucchi: Well, I think I made that finding before that the dog had been, what's the exact terminology? Reliable in tracking humans. I think I made that finding. David Harris: Okay. Miss Anderson, in those trainings you were specifically asked a question about the number of vehicle tracks that you had run with this particular dog for trailing or tracking purposes. When you answered that, the one or two, I believe, is what your answer was, did that include these bike trails that you had previously told us about? Eloise Anderson: No, it did not. I was only thinking of enclosed vehicles. David Harris: So in terms of a non‑contact kind of trail, you have done these with this bike rider that you described before? Eloise Anderson: Correct. David Harris: You were also asked about some of these, class in Chico with an instructor, whether you had documented these in your log. Who was this, the instructor again? Eloise Anderson: Andy Rebmann. David Harris: And do you know where Mr. Rebmann is from? Eloise Anderson: I believe he's King County, Washington State. Or Kings County. I'm not sure which, which it is. David Harris: And did you document in your logs training exercises that you did with him that are there? Eloise Anderson: I did, yes. David Harris: And the ones that are there were, did Trimble run those successfully? Eloise Anderson: Yes, she did. David Harris: With regards to number, People's number 13, which is the map, you don't have it in front of you, but I don't really need you to look at it, you were asked about whether the markings on there, the blue lines, cover approximately half the distance that you ran. Let me just go through that. Was that map in your drawings to scale? Eloise Anderson: No, it wasn't. David Harris: Is it a representation of the route that you ran? Eloise Anderson: It is. David Harris: Did you intend it to be a representation of the distance that you had traveled? Eloise Anderson: No, it was, it was not intended for that. David Harris: And do the blue lines on there reflect the trail that was run by the dog? Eloise Anderson: Yes. That is a fair representation of the trail run by the dog. David Harris: You were asked about your sunglasses, whether if you left them around and somebody handed them to you. I want to talk to you about that a little bit. If a person hands you, you know, picks up your sunglasses and hands it to you, whose scent is going to be the primary scent on those sunglasses? Shephard Kopp: Objection. There's no foundation. Judge Delucchi: Sustained. How could she tell? David Harris: Do you train your dogs with that kind of hypothetical, or that kind of problem? Eloise Anderson: We train them with what we call contaminated scent articles, yes. David Harris: Explain to the court how you go about doing that. Eloise Anderson: We will give them a, we will have somebody else specifically handle the scent article that the dog is to work off of. And have the dog work the trail from that, Judge Delucchi: Okay. Let me ask you. How, I'm just asking out of ignorance. Eloise Anderson: That's fine. Judge Delucchi: How, how does a dog determine which scent that you're interested in and that dog to track? If a dog has more than one scent, how does that dog know? Eloise Anderson: If the dog gets more than one scent and the scents are equally intense, what we do is set up what we call a missing member. We will have the dog check the people there, we will then give them the article, and they will look for the person that is not there. They will follow the trail of the person who is not there. Judge Delucchi: Okay. I'm still a little unclear. You have two scents that are equally intense. And you said you give, you will have the dog check. Check what? The people there? Eloise Anderson: Right. If you hand me an article and it's somebody else's scent article and they are the person that I am going to follow, before I scent my dog I will tell her to check you. Judge Delucchi: Okay. But you scent her with something that you know that I've touched in the past? Eloise Anderson: No. If, if I have a scent article, if Mr. Harris lays a trail for my dog and he hands me his car keys. Judge Delucchi: Okay. Eloise Anderson: I hand you the car keys. Judge Delucchi: Okay. Eloise Anderson: And you hand them back to me. Judge Delucchi: Right. Eloise Anderson: When I get ready to scent my dog, I say Check it. She comes to you. She touches you with her nose. I scent her on the article. And she, Judge Delucchi: Oh, that's how she differentiates. Eloise Anderson: follow Mr. Davis, or Mr. Harris, excuse me. Judge Delucchi: Go ahead. David Harris: So in your experience with your dog Trimble, Trimble is able to differentiate the scents of individuals that leave a track or a trail? Eloise Anderson: Correct. Shephard Kopp: I'm sorry. Object. That was overbroad given what she's just testified to. Judge Delucchi: No, I don't think so. I'll let the answer stand. David Harris: Now, in this particular case, you had talked about that, the Berkeley Marina and you were asked about the winds and stuff. Eloise Anderson: Uh‑huh. David Harris: Just want to go through this a little bit. At the marina, you had testified earlier that there were two access points to the marina other than the waterways; is that correct? Eloise Anderson: Correct. David Harris: And you had your dog, Trimble, run, attempt to run a trail from both of these access points? Eloise Anderson: Correct. David Harris: And the trail did not leave the parking lot, the trail went to the water; is that, is that right? Eloise Anderson: Correct. David Harris: You were also talking about, you know, the environmental factors; that was brought up, and so let's talk about that. In the trails that you ran here with your dog, Trimble, on 132, or at the Berkeley Marina, was your dog able to run those? Eloise Anderson: She was. David Harris: And in your opinion was she following the trail based on the scent item that she had? Eloise Anderson: She was. And, and my feeling, there were no environmental factors that were so, that could possibly create significant interference with her ability to run the trail. David Harris: Now, if there was this hypothetical contamination issue, let's ask about that. You were asked the question of whether a person's slipper would have a smell, and if a person touched a slipper and touched the sunglasses case. In this particular case was your dog scented off of the exterior of the sunglasses case? Eloise Anderson: No, she was scented on the sunglasses inside the case. David Harris: Were you present when Ms. Valentin ran her dog, Merlin, on the 26th? Eloise Anderson: Yes, I was. David Harris: And did she also scent Merlin off of the interior of the sunglasses case? Eloise Anderson: Yes, she did. David Harris: And if the contamination that's kind of hypothetically there, of the defendant touching the sunglasses case, would you have expected that dog, based on your experience with Merlin, to have turned and gone into the house where the defendant was at? Eloise Anderson: Yes, I would. David Harris: The People have no other questions.
Recross Examination Shephard Kopp: On the subject of these non‑contact trails, you would agree that a bike trail is significantly different than a vehicle trail, right? Eloise Anderson: I wouldn't say significantly. You have no non, you have non-contact. You have scent rafts coming off from being blown by just the movement of the person riding the bike. Shephard Kopp: Okay. Eloise Anderson: So you're not going to have specific, a specific contact trail. It's going to have a very similar scent picture for the dog as a vehicle trail. Shephard Kopp: Okay. Some of these bike trails were run by people on mountain bikes, weren't they? Eloise Anderson: Correct. Shephard Kopp: They were run on trails, right? Eloise Anderson: Some of them were, yes. Shephard Kopp: Okay. And there was vegetation along some of those trails, right? Eloise Anderson: Yes. Shephard Kopp: And so a person's pant leg or shoe could have brush against some of that vegetation? Eloise Anderson: No, the bikes are not allowed on single‑track trails. They have to run fire roads. So, I'm sorry, I misunderstood. It was, it's dirt, it's vegetation, but it's not a single‑track trail where you may actually have contact from the person on the sides of the trail. Shephard Kopp: And the person on the mountain bike who's setting the trail may stop and put their foot on the ground, right? Eloise Anderson: Yes. Shephard Kopp: Okay. So that would be a contact trail if that happened? Eloise Anderson: Yes. And I believe I talked to that earlier, on some of the trails. Shephard Kopp: Now, the, the activities, well, the activities of Twist at the shed where this fertilizer was present, you believe that Twist may have been alerting on the fertilizer and that's why you removed it from the shed, right? Eloise Anderson: I did not believe that. I couldn't tell the detectives there definitively that no, she is not alerting on the fertilizer. Shephard Kopp: Okay. You wanted to eliminate the fertilizer as a potential source that she might be alerting on, correct? Eloise Anderson: Correct. Shephard Kopp: You took the fertilizer container out of the shed, right? Eloise Anderson: Correct. Shephard Kopp: Okay. There still remained a brown liquid on the blue tarp? Eloise Anderson: Correct. Shephard Kopp: Did you ever check to see whether that brown liquid was of the same type as was contained in the fertilizer container? Eloise Anderson: That's not my job. Shephard Kopp: Okay. Judge Delucchi: So the answer is no, you didn't. Eloise Anderson: No, I didn't. Shephard Kopp: Right. Eloise Anderson: I'm sorry. Judge Delucchi: Okay. That's all right. Shephard Kopp: Did the container contain liquid fertilizer? Eloise Anderson: The container contained a brown liquid that smelled like fertilizer, so I made the assumption that it was some sort of fertilizer. Shephard Kopp: So then after you took the container outside, there was still some liquid fertilizer on the tarp, right? Eloise Anderson: That's my assumption, yes. Shephard Kopp: Okay. Twist alerted again, right? Eloise Anderson: Correct. Shephard Kopp: So you took the blue tarp outside, right? Eloise Anderson: Correct. Shephard Kopp: And didn't you have the same concern that you had at the warehouse? That is, that the fertilizer scent was permeating the entire shed and would make it impossible for Twist to give you an accurate alert? Eloise Anderson: I didn't say it would make it impossible for her to give me an accurate alert. I was concerned about the impact of the fertilizer on the reliability of her alert. Because she continued to go back to the shed and because I called it an alert in that shed was because of the fact that then she worked up onto the shelves in the shed before doing her final alert, after the tarp and the container of fertilizer had been moved out. Shephard Kopp: Okay. So when you say she worked up onto the shelves, she got up on her hind legs and sniffed along some shelves that were up, what, about four feet in the shed? Eloise Anderson: Probably. Shephard Kopp: And what was on those shelves? Eloise Anderson: Gardening materials. Shephard Kopp: Okay. Eloise Anderson: There was a chain saw, I believe, up on the top. Some prune, pruning shears. Things of that nature. I don't remember exactly. Shephard Kopp: Okay. Do you recall how big the shelves were that she was working? Eloise Anderson: Big across or, Shephard Kopp: Length by width. Just approximately. Eloise Anderson: The shelves were probably, I mean, the shelves were probably like one by 12, so maybe 12 inches, 12 inches wide. And they went up to the, to the roof of the shed. I mean there were several, there were, like, three or four shelves going all the way up to the top. Shephard Kopp: Right. So they were 12 inches wide and several feet long, at least? Eloise Anderson: I would, I would say several, you know, three or four feet. Shephard Kopp: Okay. And they were full of other items, right? Eloise Anderson: Correct. Shephard Kopp: Okay. So there was no room on these shelves, for example, where a human body would have fit, correct? Eloise Anderson: No. Shephard Kopp: "No" that's not correct or "No" that is correct? Eloise Anderson: I'm sorry. That's correct. Shephard Kopp: Okay. So when she was up there sniffing along the shelves, you didn't think that she was sniffing the scent of a dead human body, right? Eloise Anderson: I didn't know what she was sniffing for sure. Shephard Kopp: Now, you did not request that you be allowed to return after a day or two, after the fertilizer and the blue tarp had been removed from the shed, to recheck it, right? Eloise Anderson: No, I did not. Shephard Kopp: Incidentally, let me ask you one other question about Twist's activities. If you could turn to page two of 96 of your report, Bates stamp 25370. Eloise Anderson: Is this Twist's? Shephard Kopp: Yes. Twist. Eloise Anderson: Okay. What was the page? Shephard Kopp: Page two of 96? Eloise Anderson: Two of 96. Shephard Kopp: Okay. That was a brick lineup that you did with Twist on July 5 of 2003, correct? Eloise Anderson: Correct. Shephard Kopp: And that's an exercise where you have numerous bricks and you put some human blood on one of them and Twist is supposed to alert on the blood that, on the brick that has the blood on it, correct? Eloise Anderson: Correct. Shephard Kopp: And she did not perform that brick lineup successfully, right? Eloise Anderson: No, that was not a good dog day. Shephard Kopp: As a matter of fact, your comments were: She was nuts today, she just kept hitting bricks, any bricks, I put her up? Eloise Anderson: Yes. Shephard Kopp: Okay. Now, you also testified on redirect that you trained Trimble with contaminated scent articles occasionally, right? Eloise Anderson: Yes. Shephard Kopp: Do you know how many occasions you've ever done that with Trimble? Eloise Anderson: A dozen perhaps. Shephard Kopp: Okay. And the example that you just gave to the judge was you would have an article that had one person's scent on it and another person's scent on it, and you would have the dog check off one of the persons and then go follow the other trail, right? Eloise Anderson: Correct. Shephard Kopp: Okay. Now, when you used the sunglass case and the sunglasses that belonged to Laci Peterson and gave them to Trimble at the Berkeley Marina, you didn't have Scott Peterson there to check the dog off against, right? Eloise Anderson: No. Shephard Kopp: And when you say that you scented the dog on the sunglasses and that Miss Valentin scented the dog on the sunglasses as opposed to the sunglass case, what you mean is that, whether it was you or Ms. Valentin, you opened the sunglass case, either with your hands outside the bag or inside the bag, with plastic gloves, and, and you let Trimble put its nose inside the bag, right? Eloise Anderson: Correct. Shephard Kopp: And the sunglasses were in pretty close proximity to the sunglass case at that time, weren't they? Eloise Anderson: Well, yes, they were inside the case. Shephard Kopp: Right. Eloise Anderson: Yes. Shephard Kopp: So, and the dog's nose was right there on the sunglasses and right there on the case, right? Eloise Anderson: She, she didn't actually touch the case. Shephard Kopp: Okay. Within an inch, within an inch or two of the sunglasses and the sunglass case? Eloise Anderson: Correct. And I was holding it through the plastic by the case. Shephard Kopp: Okay. Thank you. I have nothing further. |