Rick Applegate

Pre-Trial Evidentiary Hearing

February 26, 2004

Direct Examination by David Harris

HARRIS: We can see how you are dressed. For the record, what's your occupation?

APPLEGATE: I'm a police officer for the Modesto Police Department.

HARRIS: And how long have you been employed by them?

APPLEGATE: I have been employed by the Modesto Police Department for just over two years. However, I have been sworn since May of 1995.

HARRIS: Directing your attention back to January 4th of 2003. Were you working for the Modesto Police Department in the capacity as a patrol officer?

APPLEGATE: I was working as a traffic officer at that time, yes.

HARRIS: On that particular date, were you given an assignment to go out to the area of Highway 33 and Highway 132 to block traffic for Contra Costa Sheriff's Department Search and Rescue Team?

APPLEGATE: Yes, I was.

HARRIS: And were you located on Highway 33 as it comes on to Highway 132?

APPLEGATE: Yes, I was.

HARRIS: Describe for the Court what you were doing.

APPLEGATE: We were blocking traffic on Highway 132 all the way from the City of Modesto, Carpenter Road, as the dogs worked all the way past Highway 33. And we would skip to different intersections while the dogs worked, and we would make sure that no traffic came on to the highway. And at that time, on Highway 33, we were sitting on the onramp from Highway 33 that connects to Highway 132, making sure no cars turned on to Highway 132.

HARRIS: As you did this kind of this hopscotch, did you watch to pay attention to the dogs coming up behind you?

APPLEGATE: Yes, we did.

HARRIS: As they got close enough to you, would you then move up to like the next intersection?

APPLEGATE: Yes, we would.

HARRIS: As you got close to that, or the dogs got close to you in that particular area, did a vehicle approach you with somebody that you recognized?

APPLEGATE: Yes.

HARRIS: The person that you recognized in that vehicle, do you see that person here in court today?

APPLEGATE: Yes, I do.

HARRIS: Could you point to that person and describe what they are wearing?

APPLEGATE: He's behind the bench there, Scott Peterson. He's wearing a suit with a white shirt.

JUDGE: Identified the defendant, for the record.

HARRIS: Do you recall what vehicle the defendant was driving when he approached the area that you were blocking traffic?

APPLEGATE: Yes. He was driving a green Land Rover.

HARRIS: Did the defendant identify himself to you while you were there?

APPLEGATE: No, he did not.

HARRIS: He, so he comes up, approaches the roadblock. What happens at that point in time?

APPLEGATE: He stayed inside of the Land Rover, rolled the window down. I put my hands out the window to make a motion that the road was closed. However, the car just stayed there. Made a motion for it to turn around. The car just stayed there. I then exited the car that I was in. I was seated in the passenger seat of a marked black and white car. I walked over to the Land Rover, told him that the highway was closed. He then asked me what was the quickest way to get back to Modesto.

HARRIS: And he never identified himself to you?

APPLEGATE: No, he did not.

HARRIS: Did he ask about what the dogs were doing down in the road behind you?

APPLEGATE: No, he did not.

HARRIS: And did you tell him how to get back to Modesto?

APPLEGATE: Yes.

HARRIS: Did he then do something with his vehicle while you were there?

APPLEGATE: Yes. He made a u-turn, and he drove away.

HARRIS: As you were there, did you see the dogs, or at least one of the dogs, start to come up the ramp that you were on?

APPLEGATE: Yes. About 15 minutes later, while, I would say anywhere from 10 to 20 minutes, about 15 minutes later, one of the dogs with the handler, Eloise, who I met earlier in the day, started coming up towards our location. And then as they got closer, the dog actually started dragging her to where that, where the Land Rover was.

HARRIS: People have no other questions.

Cross Examination by Mark Geragos

GERAGOS: Officer, what time of day was this?

APPLEGATE: It was about 2:30 in the afternoon. I'd have to look to be sure. It was early afternoon.

GERAGOS: What would you look at?

APPLEGATE: I'd have to look at the report to be exactly sure of the time.

GERAGOS: Came in with some papers in your hand. Are those yours report?

APPLEGATE: Yes, they are.

GERAGOS: Do you want to take a look?

APPLEGATE: Sure I can, if you like.

GERAGOS: Yes.

JUDGE: Refresh your memory.

APPLEGATE: This is what I base it on here.

GERAGOS: Bates stamped 4023. And what time? You have got 1430 hours, 2:30?

APPLEGATE: Yes, sir.

GERAGOS: Okay. Now, the area where you were was off of the highway?

APPLEGATE: Yes. It was just a few feet off of, off of Highway 132 on the actual on and off-ramp for Highway 33.

GERAGOS: And how far away from Modesto?

APPLEGATE:I'd estimate that's probably ten miles out of the city limits of Modesto.

GERAGOS: Okay. And what day was this?

APPLEGATE: I don't know what day of the week it was. On the 4th day of January.

GERAGOS: Okay. On the report,

APPLEGATE: I believe it's a Saturday.

GERAGOS: Okay. And by that time, there was, there was a large search effort going on for Laci Peterson, correct?

APPLEGATE: Yes.

GERAGOS: And flyers were being put up all over; isn't that correct?

APPLEGATE: I don't have first hand knowledge of that.

GERAGOS: You looked inside the Land Rover did you notice if there were flyers on seat?

APPLEGATE: No, I didn't.

GERAGOS: You didn't look inside?

APPLEGATE: No.

GERAGOS: At the time did you recognize Scott Peterson?

APPLEGATE: Yes, I did.

GERAGOS: Okay. Did you say, "Hi, Mr. Peterson, how are you?"

APPLEGATE: No, I did not.

GERAGOS: Did you tell him that this search is, or that I'm here blocking traffic for a search in connection with your wife?

APPLEGATE:I told him that the road was closed, but I didn't elaborate on any further, no.

GERAGOS: Did you mention to him bloodhounds here are looking for your wife?

APPLEGATE: No, I did not.

GERAGOS: Did you tell him that the Labradors, more than one dog there?

APPLEGATE: Yes, there were.

GERAGOS: Did you tell him that those, did you tell him anything that would have given him the information that the reason you were there was in connection with his wife?

APPLEGATE: Not, to the best of my knowledge, I don't recall that.

GERAGOS: Okay. Did you tell him what the quickest way back to Modesto was?

APPLEGATE: Yes.

GERAGOS: Did you tell him pull a U, go that direction?

APPLEGATE: Yes, I did.

GERAGOS: Did he pull a U going that direction?

APPLEGATE: Yes, he did.

GERAGOS: Was his window down?

APPLEGATE: Yes, it was.

GERAGOS: Did you notice any skin scan rafts flying out of the window?

APPLEGATE: No, I did not.

JUDGE: I don't think each knows what a skin raft is.

GERAGOS: Ever seen a skin raft, these little guys get in with oars? Did the, could you see the dogs from where you were, well, let's set the scene. You are there. Are you seeing anything outside of your car?

APPLEGATE: I was in my car at that time.

GERAGOS: So you are in your car. You are blocking traffic in the middle of the intersection?

APPLEGATE: Yes.

GERAGOS: Okay. As you are blocking traffic in the middle of the intersection, he drives up to you with his window down, driver's side, on the driver's side of the car?

APPLEGATE: No. I was actually sitting in the passenger side of the car.

GERAGOS: So he drives up next to you?

APPLEGATE: No. He actually stayed in his lane. My car was parked sideways across the lanes. He stayed in his lane?

JUDGE: Like a T?

APPLEGATE: Yes.

GERAGOS: When he pulled up, you jump out. He says what's the quickest way to Modesto, you told him something that if he,

APPLEGATE: No, I'm sorry, I didn't.

GERAGOS: Told him something to the effect the road is blocked, you can't get past?

APPLEGATE: Yes.

GERAGOS: And then the extent of the conversation was, what's the quickest way to Modesto, turn around, okay, that was the quickest way back. You told him how to get there. Were you in a Modesto Police car?

APPLEGATE: Yes, I was.

GERAGOS: A marked car?

APPLEGATE: Yes.

GERAGOS: Okay. People often ask you what the quickest way to Modesto is when you are in your Modesto PD car? That's not an uncommon occurrence, is it?

APPLEGATE: No.

GERAGOS: Now, at that point when he came up to you, where were the dogs? Could you see the dogs?

APPLEGATE: Yes.

GERAGOS: Now, how far away?

APPLEGATE: Probably 40 to 50 yards away.

GERAGOS: And then he took off, correct?

APPLEGATE: Right.

GERAGOS: In the direction you told him to go in. And at that point the dogs came up, you said, fifteen minutes later?

APPLEGATE: Somewhere between ten and fifteen minutes, probably.

GERAGOS: Okay. And at that point, the dogs followed in the direction he went?

APPLEGATE: One of the dogs did.

GERAGOS: One of the dogs. What did the other dog do?

APPLEGATE: I don't remember. I'm not sure.

GERAGOS: Is it pulling at anybody's belt, or anything like that?

HARRIS: Objection. Vague. Which dog?

GERAGOS: The dog that didn't do anything.

JUDGE: The dog that didn't do anything.

APPLEGATE: I didn't notice anything else besides the one dog that was pulling.

JUDGE: Didn't see anything unusual about the dogs, other than this one dog going towards the vehicle was,

APPLEGATE: I wouldn't know what would be unusual about any dogs. But I did, but I did take notice of the one of dog, yes, your Honor.

GERAGOS: Did the one dog that you saw follow, did that indicate to you that maybe that dog was following Scott Peterson's scent, as opposed to Laci Peterson?

APPLEGATE: Is that what I thought, is that what you are asking?

GERAGOS: That's what you thought?

APPLEGATE: Yes.

GERAGOS: You thought the dog was following Scott, and so you said, hey, I just saw Scott. The dog went in that direction, and I'm going to, I better tell somebody. Is that a fair statement of what your thought process is?

APPLEGATE: I was kind of a skeptic on if the dog could smell somebody that after, you know, inside a car. I was shocked, and then I was shocked to see that the dog's strongly leading the handler towards where the car was at, yes.

GERAGOS: You didn't believe skin rafts?

APPLEGATE: I don't know what that is.

GERAGOS: Okay. The dog went about, approximately how long, or how far?

APPLEGATE: It probably pulled her about another 50 to 75 yards, and she brought him back.

GERAGOS: She brought him back. Did you tell her anything?

APPLEGATE: Yes.

GERAGOS: What did you tell her?

APPLEGATE: That Scott was just here.

GERAGOS: And what kind of dog was it?

APPLEGATE: Oh, I don't remember that.

GERAGOS: Do you know if was a Bloodhound or a Labrador?

APPLEGATE: No, I couldn't tell you what the difference is.

GERAGOS: Okay. Did you see where the other dog was?

APPLEGATE: Which, I think, if I recall correctly, there was three or four dogs out there that day.

GERAGOS: Okay. When you saw those three or four dogs, did you see what they were doing?

APPLEGATE: No.

GERAGOS: Thank you. I have no further questions.