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Allen Brocchini
Preliminary Hearing November 6, 12, & 13, 2003
Direct Examination by Rick Distaso DISTASO: Detective, would you state your full name and spell your last name for the record? BROCCHINI: My name is Allen Brocchini. It's B-R-O-C-C-H-I-N-I. DISTASO: And where are you employed, sir? BROCCHINI: The Modesto Police Department. DISTASO: How long have you been a sworn peace officer in the state of California? BROCCHINI: 18 years. DISTASO: And what are your current -- what is your current assignment with the Modesto Police Department? BROCCHINI: Currently assigned to the Crimes Against Persons Unit as a detective. DISTASO: Were you the on-call detective on December 24th of 2002? BROCCHINI: Yes. DISTASO: And did you receive a call regarding Laci Peterson as being a missing person? BROCCHINI: Yes. DISTASO: Where did you go in response to that call? BROCCHINI: 523 Covena Avenue in Modesto. DISTASO: And is that in Stanislaus County? BROCCHINI: Yes, it is. DISTASO: At what time did you arrive there? BROCCHINI: About 9:30. DISTASO: When you arrived, can you estimate -- what was the extent of the police presence at the house? BROCCHINI: It was -- at the house, there was three or four patrol cars, I saw three or four police officers and a sergeant. But, also, on the way to the call, I could hear there were police in the parks, there was a helicopter that was just launching to search the park, there was dogs in the park. So there was a huge police presence in the area. DISTASO: Okay. And do you know what the purpose of that police presence was? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: Looking for Laci Peterson. DISTASO: Okay. When you arrived at the house, did you receive a briefing from Officer Jon Evers? BROCCHINI: Yes, and there was several officers there and a sergeant. DISTASO: Okay. Is that -- when a detective is called out from the patrol officers, what's your standard practice when you first arrive at a location? BROCCHINI: You get with the other officers that are there, and primarily the first officer that arrived, and they brief you on where the investigation has gotten so far. DISTASO: Okay. And where was the defendant -- do you recognize the defendant as he sits here today? BROCCHINI: I do. DISTASO: And did you see him there on the 24th? BROCCHINI: Yes, I did. DISTASO: And where was he when you first saw him? BROCCHINI: In the driveway. DISTASO: And do you know, was he with any officer? BROCCHINI: He was -- there was a lot of friends and family already at the house and citizens, and I don't think -- I think he was standing with some civilian, not a uniformed officer. DISTASO: Okay. And then how were you -- at some point in the evening were you introduced to the defendant? BROCCHINI: Yes, I was. DISTASO: And I guess just for the record, he's wearing a -- looks like a gray suit; is that right? BROCCHINI: He's sitting right here with kind of a gray suit on and a powder blue shirt (indicates). DISTASO: Okay. And who introduced you to the defendant? BROCCHINI: Jon Evers. DISTASO: What happened when you first -- when you first met with him? BROCCHINI: I identified myself, and I kind of told him what -- what we were gonna do, what I'd like to do. DISTASO: And what did you tell him about that? BROCCHINI: I told him I -- that I'd like him to walk me through the house and point out anything that looked out of place. I told him I'd like to go to his shop and see his boat and I'd like, you know, to interview him. DISTASO: Okay. And just as a foundational matter, you were aware that the defendant was the last -- or the reporting party about Laci being missing; is that right? BROCCHINI: Yes, I was told that at the briefing. DISTASO: All right. When you asked the defendant if you could -- if he would walk you through the house, did he agree to do that? BROCCHINI: Yes, he did. DISTASO: At any time in the evening did he tell you or withdraw that consent? BROCCHINI: No. DISTASO: At any time in the evening did he tell you to leave the house? BROCCHINI: No. DISTASO: At any time in the evening did he tell you that he wanted other officers to leave his house? BROCCHINI: No. DISTASO: I'm going to ask you about that in some more detail, but just as a -- right up front, did you sometime in the evening go to the defendant's warehouse at 1027 North Emerald? BROCCHINI: Yes. DISTASO: In Modesto? BROCCHINI: Yes. DISTASO: Now, at any -- did the defendant agree to take you to that location? BROCCHINI: Yes, he did. DISTASO: At any time in the evening did he withdraw his consent from you being there? BROCCHINI: No. DISTASO: At any time in the evening did he tell you to leave the warehouse? BROCCHINI: No. DISTASO: At any time in the evening did he say that he no longer wanted to speak to you? BROCCHINI: No. DISTASO: In your presence or -- or did -- well, first off, in your presence, did the defendant ever tell any other officers that evening he no longer wanted to speak to them? BROCCHINI: No. DISTASO: Did any other officer report to you that the defendant no longer wanted to speak to them? BROCCHINI: No. DISTASO: Now, let's go through -- you said that one of the first things you did was you took a basic kind of walk-through of the house, correct? BROCCHINI: Yes. DISTASO: All right. If you look at the diagram on the board behind you, I think that's People's -- is that People's 79? Can you see the number on that one? BROCCHINI: Yes, it is. DISTASO: Is that -- do you recognize that as a schematic of 520 -- a diagram of 523 Covena? BROCCHINI: Yes, I do. DISTASO: And is that the way it looked to you as you remember seeing it on December 24th, 2002? BROCCHINI: Yes, it is. DISTASO: Did you -- there's a number of photographs -- you can go ahead and have a seat. There's a number of photographs in front of you. I think they're marked People's 48 through 79. Do you see those photographs? GERAGOS: May I approach? JUDGE: Go ahead. DISTASO: Actually, Your Honor, instead of the -- Counsel approaching and standing up there while I'm doing my direct, I don't have a problem with the detective holding up each photograph. But it's actually a little distracting. JUDGE: He's entitled to see what he's going to refer to before -- BROCCHINI: There are actually 45, not 48 -- DISTASO: Okay. BROCCHINI: -- through 78. DISTASO: You've looked at those photos briefly now. Do those photos accurately depict the condition of the house as you remember seeing it on December 24th? BROCCHINI: Yes. DISTASO: And did you direct those photographs to be taken? BROCCHINI: Yes, I did. DISTASO: And who did you tell to take those photographs? BROCCHINI: I told Derrick Letsinger to have ID Officer Doug Lovell take them when he arrived. DISTASO: Okay. And is Derrick Letsinger a MPD patrol officer? BROCCHINI: Yes, he is. DISTASO: Did you ask the defendant's permission regarding taking photographs of the house? BROCCHINI: Yes, I did. DISTASO: What did you say? BROCCHINI: I -- just before we left for the shop, I asked him if it was all right if I had our ID off -- tech come, go into his residence, take photographs and collect any evidence. DISTASO: And what did the defendant say in response to that? BROCCHINI: He said that would be fine. DISTASO: If you could look at People's 70 -- 74 and 75. Just find those exhibits, then you can hold -- if you'd hold them up so Counsel would be aware of what you're referring to. BROCCHINI: 74 is a photograph of the closet in the southwest bedroom, and 75 is also a photograph of the closet which shows the purse that was hanging in there. DISTASO: Okay. Those are really -- you don't need to look at 70. 74 and 75 is sufficient. JUDGE: You stated "southwest bedroom." Is that the master bedroom? BROCCHINI: Yes. DISTASO: The purse that is depicted in 74 and 75, do you recognize that purse as something you saw that evening? BROCCHINI: Yes. DISTASO: And can you tell the Court -- actually, before we get to this, let's just go through -- you went through a walk-through of the house with the defendant? BROCCHINI: Yes, I did. DISTASO: Just -- if you could tell the Court what happened in just, you know, that incident. BROCCHINI: We just -- we went in through the front door, and he pointed out his bedroom, showed me where in the master bedroom there was a closet with all female clothing, and the purse that he said that was Laci's, took me into the northwest bedroom, or it's the spare bedroom, showed me the closet there that was all male clothing that he said was his, we went into the den area and showed me the washroom area. The den is actually like a converted garage. Went into the baby's room. We went into the bathroom. I went into the backyard through the double French doors. I looked in the backyard. DISTASO: All right. Let me stop you there. So he basically just kind of took you through the whole house? BROCCHINI: Yes. DISTASO: All right. Now, going back to the photograph of the purse, did -- did you actually -- did you ask the defendant if that was Laci Peterson's purse? BROCCHINI: No. DISTASO: What did you -- did he say anything about it? BROCCHINI: It was -- well, during the walk-through, Evers and Scott were with me, and they pointed it out to me. They -- like Jon already knew that was her purse, but he said, "There's her purse." DISTASO: Okay. So Officer Evers says, "There's her purse"? BROCCHINI: Yeah, her purse was in the closet. DISTASO: All right. And did the defendant say anything in response to that? BROCCHINI: I don't recall. DISTASO: Okay. And did you go and look through the purse? BROCCHINI: Yes. DISTASO: And can you tell the Court what happened? BROCCHINI: I can't remember if I picked it up or Evers, but all we did was flop it open when I was there and look into it, and basically, "Her stuff is in here," and that's -- DISTASO: And what do you mean by "her stuff was in there"? BROCCHINI: Her personal items, her wallet and her -- I just remember her wallet, that was important, was in there. DISTASO: Okay. And why was that something that you looked off -- looked at kind of right off the bat? BROCCHINI: It wasn't right off the bat, it was through there, but it was because that was something that I felt Laci wouldn't have left home willingly and left that behind. That was a piece of her personal -- GERAGOS: Objection. Motion to strike. Speculation. JUDGE: Sustained. DISTASO: Actually, Your Honor, I wasn't -- I'm not offering it for what Laci's habit or what she would have done, but I was actually offering it for why the detective -- it's part of why he's doing the investigation he's doing. GERAGOS: Same objection. JUDGE: It's still speculative. Sustained. DISTASO: Okay. Did you take anything out of the purse? BROCCHINI: No. DISTASO: Did you hand anything from the purse to the defendant? BROCCHINI: No. DISTASO: There's a photograph, People's 62. Could you find that paragraph and hold it up so we can see which one you're referring to? BROCCHINI: It's the den area, and it's -- JUDGE: Don't you have an extra copy of these, Mr. Geragos? GERAGOS: I do, but I haven't marked them, and I told Mr. Distaso my eyesight's not that good. JUDGE: It will speed up the proceedings if you look at your copy. DISTASO: Detective, the rug that's depicted in that photograph, do you remember seeing that in the house that evening? BROCCHINI: Yes. DISTASO: Did you speak to Officer Spurlock about the condition of that rug when he first arrived at the house or first went through the house? BROCCHINI: Yes. DISTASO: And what did he say about that? BROCCHINI: He said it was scrunched up or it was pushed up all the way against the door. DISTASO: And did he tell you whether or not he noted that fact in his report? BROCCHINI: I don't know if he told me he noted it. DISTASO: But did you actually look in his report and see if that fact was noted in there? BROCCHINI: Yes. DISTASO: And is it? BROCCHINI: Yes. DISTASO: Did you talk to Officer Derrick Letsinger about that rug? BROCCHINI: Yes, I did. DISTASO: And what did he say about it? BROCCHINI: He told me -- McALLISTER: Objection. Hearsay. JUDGE: I assume you're wanting it in under 115? DISTASO: I am, Your Honor. JUDGE: Overruled. DISTASO: Your Honor, just so I'm clear, typically in these situations, one counsel handles each -- McALLISTER: I'll be doing it. DISTASO: Okay. DISTASO: The -- in regard to Officer Letsinger -- what did Officer Letsinger tell you about that particular rug? BROCCHINI: He said during the first walk-through that he was on, he saw the rug was pushed all the way up against the door. DISTASO: Okay. And did you take a look at his report to see if that information was noted in his report? BROCCHINI: Yes, I did. DISTASO: Is it? BROCCHINI: Yes, it is. DISTASO: When you were going through the house, did the defendant take you into the area of where the -- I'm trying to think of how to describe it -- where the washer and dryer were? BROCCHINI: Yes. DISTASO: And was there anything unusual about that? McALLISTER: Objection. That calls for speculation. JUDGE: Sustained. DISTASO: Well, just describe what you saw, then. BROCCHINI: Well, I saw that there was a pile of white towels, dirty white towels on the top of the washing machine or the dryer, and the clothing Scott told me he was wearing he said he washed. So I looked into the washing machine. DISTASO: Okay. We'll get to that in a minute. Did the defendant make any comments to you about the maid being in the house? BROCCHINI: Yes. DISTASO: And what was that? BROCCHINI: He said they had a maid, and she was there on the 23rd, on Monday. She came every two weeks. He thought it was her third time there on Monday. And he gave me her name, Maggie, and he gave me her phone number. DISTASO: Did you also -- did you review any calls from the defendant's cell phone? BROCCHINI: Well, I re -- I -- I -- I reviewed his call history, is one thing I did with his cell phone. DISTASO: Okay. How did you do that? BROCCHINI: He -- I asked him if I could look at his cell phone for the call history, and then he gave it to me, and I went down, and I wrote down every call he received and every call he dialed out. And I put whatever was on the call, if it was a name or if it was a phone number. DISTASO: And what was the number of his cell phone? What was his number? BROCCHINI: I might have to look at my report, but it was 505-0337, or something similar to that. Can I look at my report? DISTASO: We can -- we'll go back to that in minute. BROCCHINI: All right. DISTASO: Did the defendant ever provide a phone to you with the phone number 499-8427? BROCCHINI: Did he ever provide it to me? DISTASO: Yeah, on the 24th. BROCCHINI: No. DISTASO: As part of your speaking with the defendant, did you ask him what his marital relationship was like? BROCCHINI: Yes. DISTASO: Did you ask him if he was having any type of affair? BROCCHINI: Yes. DISTASO: And what did he tell you? BROCCHINI: No. DISTASO: Did you ask him at any time that evening or even within a couple weeks of the 24th, did he ever tell you that he had been having an affair with a woman by the name of Amber Frey? BROCCHINI: No. DISTASO: Initially, when you first arrived at the house, did you notice a dog at all? BROCCHINI: Not when I first arrived. But during the walk-through, I saw the dog. DISTASO: Okay. What was the dog doing when you first -- first started the walk-through? BROCCHINI: The dog was just in the backyard. DISTASO: Okay. Was it making any noise? BROCCHINI: No. DISTASO: Did you ask the dog -- did you ask the defendant about the dog at all at any time during that evening? BROCCHINI: Yeah. DISTASO: What'd you ask him? BROCCHINI: I asked him how old the dog was, I asked him if it was protective of Laci, whose dog it was. DISTASO: And what -- what did he say? BROCCHINI: He told me it was his dog and it was about eight or nine years old, it was -- he had it before he was married, and it was protective of Laci. DISTASO: Did he -- did he give you any example of how it was protective of Laci? BROCCHINI: He said it would bark at strangers. DISTASO: Did he make any mention of an incident where he had observed the dog protecting Laci? BROCCHINI: He -- he told me if -- where he observed it? DISTASO: Right. BROCCHINI: I mean -- I can't remember. DISTASO: Okay. Did he mention anything about the dog and the pool man? BROCCHINI: He said that the dog was protective of Laci around the pool man if he wasn't there. DISTASO: Did -- going there, do you see People's 48 up there? It's a picture of a mop bucket and some mops. BROCCHINI: Yes. DISTASO: If you can just pull it out and just hold it up. BROCCHINI: (Complies.) DISTASO: Did you ask the defendant about that? BROCCHINI: Yes. DISTASO: And what did he say? BROCCHINI: He said before he left to go fishing, Laci asked him to bring the mop bucket in with water because -- he said that she was pregnant, so she couldn't carry it. He said he brought it in, set it near the front door, and when he left to go fishing, Laci was mopping. DISTASO: How many mops were present? There was one bucket, but how many mops were there? BROCCHINI: Two. DISTASO: Did you ask him how the mop bucket got outside of the house? BROCCHINI: Yes. DISTASO: What did he say about that? BROCCHINI: He said when he got home from fishing, he no -- he noticed that when he opened the French doors to come in the back door, the cat and dog ran in and the cat ran towards the bucket. He thought the cat was gonna spill it or drink out of it, so he went over there, and he took it out and dumped it. DISTASO: Going back to the washing machine area, you said you saw some towels on top? BROCCHINI: Yes. DISTASO: Did you ask him about the towels? BROCCHINI: Yes. DISTASO: What did he say about those? BROCCHINI: He -- he suspected the maid used them the day before. He didn't know how they got dirty or what they were used on. He said when he initially got home, he found them in the washing machine, he's the one that took them out of the washing machine and put them on top so he could put his clothes in the washing machine. DISTASO: Did -- and you said you looked inside and saw some clothes? BROCCHINI: Yes. I actually pulled them out. DISTASO: All right. And did he ident -- what did he -- what did he say about those clothes? BROCCHINI: Those were the clothes he wore fishing. DISTASO: And do you remember what they were? BROCCHINI: Yes. DISTASO: What were they? BROCCHINI: They were a pair of blue jeans, a blue T-shirt, and a green pullover, long-sleeved shirt. DISTASO: Did you ask him why he washed his clothes right when he got home that day? BROCCHINI: Yes. DISTASO: What'd he say why? BROCCHINI: He said they were wet from the bay and being rained on. DISTASO: Okay. Was there anything else in that -- in the washing machine with those clothes? BROCCHINI: No. DISTASO: Was there any other laundry present in that laundry area? BROCCHINI: There was -- not in that laundry area. There was a laundry basket, but it was in the master bedroom overflowing. DISTASO: Was there clothes in that laundry basket? BROCCHINI: Yes. DISTASO: If you could look at People's 77. And in that particular room, is that -- was that the spare bedroom where you said the men's clothes were? BROCCHINI: Yes. DISTASO: Was there -- did you see a bag on the floor in one of the bedrooms? BROCCHINI: Yes. DISTASO: And can you describe -- describe for the Court what you saw regarding that bag. BROCCHINI: There was a Nike bag on the floor in the spare bedroom directly in front of the open closet doors. It was unzipped, and there was a raincoat or something similar to a raincoat partially pulled out of it. DISTASO: And did you ask the defendant anything about that bag? BROCCHINI: Yes. DISTASO: What'd he say? BROCCHINI: I asked him if he took anything out of the bag. DISTASO: What'd he say? BROCCHINI: He said earlier in the morning he removed a pair of white tennis shoes and put them on his wet bar. DISTASO: Did you see any tennis shoes on the wet bar? BROCCHINI: I didn't that night. DISTASO: Did you see the position that the cars were in in the driveway of the home when you were there? BROCCHINI: Yes. DISTASO: Can you describe for the Court how they were? BROCCHINI: Laci's car was parked facing in, so the nose of it would have been facing west, and it was on the south side of the driveway, and Scott's truck was backed in so the nose was facing east, and it was on the north side of the driveway. DISTASO: Can you turn that -- just turn that diagram over. Just flip it around. People's 80's on the back. Do you recognize that as just a different type of diagram of the house? BROCCHINI: Yes, I do. DISTASO: And the way the cars -- do you see the cars down there in the bottom right-hand corner? BROCCHINI: Yes, I do. DISTASO: Both -- just -- which -- I mean, on what side of the car -- if you can just take a pen, take a pen, and just write, just write "Laci's car" and "Scott's car" regarding the two vehicles. BROCCHINI: Right in the car, I'm gonna put "Laci's car." And then inside the truck, I'm gonna put "Scott's." DISTASO: Now, in that diagram, the cars are both facing with their nose in. Is that the way you observed it on the 24th? BROCCHINI: No. DISTASO: The defendant's truck was flipped around; is that right? BROCCHINI: Yes. DISTASO: Okay. You can go back and have a seat. But is that the position the cars were in, though? BROCCHINI: Yes. DISTASO: I mean, as far as the physical locations. BROCCHINI: Yes. DISTASO: All right. Did you ask the defendant if you could look through the -- look through Laci's car? BROCCHINI: Yes, I did. DISTASO: And what kind of car was it? BROCCHINI: It was a green Land Rover. DISTASO: And did you take a look inside? BROCCHINI: Yes, I did. DISTASO: And what -- or I guess did the defendant consent or agree to allow you to look inside? BROCCHINI: Yes, he did. DISTASO: And what did you -- what did you find in there, if anything? BROCCHINI: I saw her cell phone was in there, it was -- the battery was dead -- McALLISTER: Objection. Beyond the scope of the question. JUDGE: Sustained. DISTASO: Can you -- that's fine. JUDGE: The cell phone was in there will be allowed in. DISTASO: Did you take a look at the cell phone? BROCCHINI: Yes. DISTASO: What did you observe about it? BROCCHINI: That it was -- it would power on, but immediately turn off like the battery was dead, and it was plugged into the dashboard. DISTASO: Did you note anything else that was in that car? BROCCHINI: No. DISTASO: Did you take a look at the defendant's car? BROCCHINI: Yes. DISTASO: What type of car was that? BROCCHINI: It was a four-door Ford F-150 truck. DISTASO: And did you ask the defendant if you could look inside his car? BROCCHINI: Yes. DISTASO: And what'd he say? BROCCHINI: Yes. DISTASO: Just describe for the Court what you did when you were looking through the car. BROCCHINI: Well, he unlocked it for me from his remote key. I first looked into the back of the truck. DISTASO: Okay. Did you see anything -- what did you see in the back of the truck? BROCCHINI: I saw there was some umbrellas wrapped in a blue tarp, they were in the back of the truck, like against the back of the tailgate, meaning longways. There was also a brown canvas tarp in there, it was kind of bunched up, not folded or rolled neatly, and it was against the back of the green toolbox. I got up on the rear of the truck and looked into the green toolbox that was unlocked. I could see there was some clothes in there, there was some rope, nylon rope, and there was some -- a bag of shotgun shells. DISTASO: Okay. Did you subsequently learn what the brown canvas tarp was? BROCCHINI: Yes. DISTASO: What was it? BROCCHINI: It was the boat -- it was the tarp that came with the boat when he bought it. DISTASO: Did you ask the defendant about the patio umbrellas? BROCCHINI: Yes. DISTASO: What'd he say about them? BROCCHINI: He said earlier that morning he planned on storing them at his shop, so he wrapped them in the blue tarp, put them in his truck, planning on leaving them in his shop. DISTASO: Did you ask him why they were still in the truck? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He said he forgot to take them out. DISTASO: Were you present at a search warrant of the defendant's home on December 27th of 2002? BROCCHINI: Yes, I was. DISTASO: Did you observe the patio umbrellas in a location different than the back of the truck? BROCCHINI: Yes. DISTASO: And where was that? BROCCHINI: They were in the backyard leaning up against the back fence, and the blue tarp was in the shed where the lawn mowers were. DISTASO: Did -- on the 27th, during that search warrant, the boat cover that you testified to about being in the back of the defendant's truck, did you see that boat cover in a -- in any different location other than the back of the defendant's truck? BROCCHINI: Yes. DISTASO: Where was that? BROCCHINI: It was in a small shed on the south side of the house underneath a gas leaf blower. DISTASO: Did you notice if the leaf blower or -- did you notice anything about gas in regards to the leaf blower? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: It was leaking on the tarp. DISTASO: When -- do you remember which door of the truck you opened first? BROCCHINI: Yes. DISTASO: Did anything happen when you opened the door to the truck? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: The door of the truck bumped against the door of the Land Rover. DISTASO: And did the defendant say anything in regards to that? McALLISTER: Objection. Irrelevant. JUDGE: Overruled. BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: He offered to either move his truck forward, or he had a glove in his hand, he said, "I'll hold the glove between the door and the Land Rover." DISTASO: Do you know what he was concerned about? McALLISTER: Objection. Speculation. JUDGE: Sustained. DISTASO: Did he say what he was concerned about? BROCCHINI: No, he didn't say it. I mean -- DISTASO: Okay. Did he -- what -- did he put a glove between the cars? BROCCHINI: I told him I'd be more careful and I wouldn't let the door hit -- touch the Land Rover, and he didn't. DISTASO: Is there a rear seat or rear area of the cab portion of the pickup truck? BROCCHINI: Yes. DISTASO: Did you look in that? BROCCHINI: Yes. DISTASO: And what, if anything, did you find? BROCCHINI: I saw the camouflage jacket that he told me he wore fishing. There was a Big 5 sport -- Big 5 sports bag in there with some -- with two fishing lures and a receipt. There were also two other bags from stores from the mall that had some clothing and some receipts that were kind of outdated. DISTASO: And what did the defendant say about any of these items? McALLISTER: Objection. Ambiguous. DISTASO: Well, okay. DISTASO: You said you saw a tan jacket, correct? BROCCHINI: Yeah. DISTASO: And what did he say about that? BROCCHINI: He said that was the jacket he wore when he was fishing. DISTASO: And what did he say about the lures? BROCCHINI: I don't think he said anything about the lures. DISTASO: Did he say anything about the Big 5 sales receipt? BROCCHINI: No. I don't think he said anything about it. DISTASO: Did you ask him anything about the fishing license? BROCCHINI: I didn't ask him then about the fishing license. DISTASO: Okay. At some point did you ask him about it? BROCCHINI: I never asked him. He read it in some papers, and then he gave it to me. DISTASO: Okay. So you -- so you saw these items initially in his truck on the 24th, correct? BROCCHINI: Yeah. I just documented what I saw. I wrote -- I looked -- I read the receipt, I saw what was purchased, and I documented it. I didn't ask him about it at that time. DISTASO: All right. Did you -- did you seize those items at that time? BROCCHINI: No. DISTASO: At the search warrant of the defendant's house on December 27th, were those items subject to the search warrant? BROCCHINI: Yes. DISTASO: And were they taken? BROCCHINI: Not from the house. DISTASO: Okay. Were they, though, at some point seized that day? BROCCHINI: Yes. DISTASO: And -- BROCCHINI: They're seized on the 27th. DISTASO: Do you know, were those items in a location different than they were when you saw them in the truck on the 24th? BROCCHINI: Yes. DISTASO: Where were they on the 27th? BROCCHINI: The Big 5 bag and receipt were on a shelf in the shop at 1027 North Emerald, and the two fishing lures and the camouflage jacket and the rope that was in the green box and the shotgun shells and some clothing were in the boat in a green duffel bag in the shop. DISTASO: Just quick one second. I'm showing Mr. McAllister these photos. Were you -- when you saw the fishing lures, were they -- had they been opened or used? BROCCHINI: No. They were still in the package. DISTASO: And when you saw them on the 27th, were they still in the original package? BROCCHINI: Yes. DISTASO: 84 is the lures. GERAGOS: 84? THE CLERK: 84 through 86. 84 through 86. (Whereupon, People's Exhibits 84 through 86 were marked for identification.) DISTASO: 85 is the license. 86 is the receipt. GERAGOS: Let me see the receipt. DISTASO: The -- let me show you People's 84. Do you recognize what's in that photograph? BROCCHINI: Yes, I do. DISTASO: And what is that? BROCCHINI: Those are two fishing lures that I saw in Scott's truck on the 24th and a fishing license that was found in the green bag on the 27th in the boat, a two-day '99 fishing license. DISTASO: Let me show you People's 85 -- GERAGOS: I'm sorry. Two-day '99? BROCCHINI: Two-day 1999 fishing license that was found in the green bag in the boat. JUDGE: Mr. Geragos, you'll have to ask Mr. McAllister to ask those questions. GERAGOS: I'll whisper it to him next time, Judge. Thank you. DISTASO: And People's 85, what is that? BROCCHINI: That's a color copy of the fishing license that Scott handed me on the 26th of December. DISTASO: Okay. And where was -- where were you when he handed you that license? BROCCHINI: I was standing in his dining room. DISTASO: And People's 86, do you recognize that? BROCCHINI: Yes. DISTASO: And what's that? BROCCHINI: That's a -- that's a copy of the Big 5 Sporting Good receipt that I saw in Scott's truck on the 24th with the fishing lures in the bag that I later saw on the 27th in his shop. DISTASO: Did -- was there anything else in the pickup truck that you thought was of interest or that you were involved with? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: A handgun. DISTASO: And what type of handgun was it? BROCCHINI: It was a Llama .22 caliber semi-automatic handgun. DISTASO: And was there any ammunition in that gun? BROCCHINI: Yes, there was. DISTASO: Just describe for the Court -- I mean, one was in the chamber, one was in the magazine? BROCCHINI: No, there was no round in the chamber. There was a magazine loaded with live ammo. DISTASO: Did -- on the 24th, did you take that handgun? BROCCHINI: Yes, I did. DISTASO: And what did you do with it? BROCCHINI: I booked it into evidence and had it sent to the Department of Justice. DISTASO: At some point in the evening, did you leave your keys in the bed of the truck? BROCCHINI: Yes. DISTASO: And when was that? Tell the Court what happened with that. BROCCHINI: As soon as I was done searching the truck, we were going to go to the shop, and I couldn't find my keys. I only took about five, ten steps away from his truck when I couldn't find my keys to leave, so I went back and told Scott I might have locked them inside his truck. He unlocked it, but I actually found them. They were just on the hump in the back of the truck. I must have set them there when I was moving the tarps around. DISTASO: Okay. So when you say "the hump," you're talking the wheel well? BROCCHINI: Yeah. DISTASO: And that was in the bed of the pickup truck? BROCCHINI: Yes. JUDGE: Are you talking about the center hump or the side humps? BROCCHINI: One of the -- it was just on the driver's side in the back of the truck. They were just in there. I just -- after I went back with my light, I found them, and I picked them up. DISTASO: How long -- where was the defendant when that happened? BROCCHINI: He was with -- he was right a couple feet, ten -- five, ten feet away from me. DISTASO: Did you receive a receipt from detective or -- Detective Evers that the defendant gave him from the Berkeley Marina? BROCCHINI: Yes. DISTASO: Now, does that -- what we just went through, does that cover what occurred at the defendant's house on December 24th? BROCCHINI: I mean, he -- you mean besides our conversation? I mean, he told me stuff while we were in the house. DISTASO: Right. BROCCHINI: But that covers what I did. DISTASO: Okay. After you finished looking at the vehicles, did you ask the defendant if he would take you to the shop? BROCCHINI: Yes. DISTASO: And how did you go to the shop? BROCCHINI: He drove with me in my unmarked vehicle. DISTASO: Okay. And where did he sit? BROCCHINI: In the front passenger seat. DISTASO: At any time that evening was the defendant placed in restraints? BROCCHINI: No. DISTASO: At any time during that evening was the defendant told he was under arrest or that he was being detained? BROCCHINI: No. DISTASO: When you got to the shop, did you -- who all went to the shop? BROCCHINI: Scott and myself went in my car, and Jon Evers followed in his patrol car. DISTASO: And when you got to this location, what was the address? BROCCHINI: 1027 North Emerald. And there was a suite number, but I don't recall what it is. DISTASO: And just what happened when you got there? You first drive up, and what happened next? BROCCHINI: We -- we got out, and it's -- there's a -- like a single car rollup door on the outside and a small door that leads into an office. It's in a warehouse strip-mall-type complex. He unlocked the door, and we went into the office portion first. DISTASO: So the defendant had a key to the office? BROCCHINI: He said he was the only employee and he had the only key. DISTASO: Right. So he opened the door, and who went inside? BROCCHINI: Me and Scott and Jon. DISTASO: And did -- what happened when you got inside? BROCCHINI: He told me there was no electricity. DISTASO: What -- did you question him or press him on that at all? BROCCHINI: No. DISTASO: And what did you see in the shop area? BROCCHINI: I saw a fax machine and a fax and a computer. DISTASO: Did you -- when you saw those items, did you -- did you think about questioning him about his comment regarding the electricity? McALLISTER: Objection. Leading question. JUDGE: Sustained. DISTASO: When you saw those items, what happened next? BROCCHINI: I picked up the fax and saw it was dated the 24th, and I think it said 1428, a time on it, and I questioned him about the fax. DISTASO: And what did he say? BROCCHINI: He said that he had received that fax before -- he thought he received it before he left to go fishing, and he said it was a -- from New Jersey, so it was a three-hour time difference. And so I said it seemed if he got it at 11:30, that would have been kind of late to leave to go to Berkeley. And he thought, well, maybe he got it when he got back from Berkeley, but he remembered getting it and looking at it and reading it. DISTASO: That particular day, on the 24th? BROCCHINI: On the 24th, yeah. DISTASO: What was the -- what type of light source were you using in the office? BROCCHINI: My Streamline flash -- it's just a rechargeable flashlight. DISTASO: Okay. And did Detective Evers -- was he present in the office at the time? BROCCHINI: Yes. DISTASO: And did he also have a flashlight? BROCCHINI: Yes. DISTASO: What happened next? BROCCHINI: Well, I asked Scott if he'd roll up the door so I could at least position my patrol car -- or my unmarked car in front of the shop, so I'd have some light besides my flashlight. And he said he would, and he did. DISTASO: Did he open the door then? BROCCHINI: He opened the rollup, he rolled up the door. DISTASO: The main door? BROCCHINI: The main door. DISTASO: Is there a way to get from the office into the warehouse area of the shop? BROCCHINI: Yes. DISTASO: And is that how you -- did you go into the warehouse area of the shop? BROCCHINI: I did. DISTASO: Okay. I mean, how did you enter the warehouse area of the shop? BROCCHINI: I -- I recall coming through the rollup door. DISTASO: So what light source, then, were you using to look into the warehouse area of the shop? BROCCHINI: The headlights, high beams on my car, and my Streamline. DISTASO: And what did you see inside the shop? BROCCHINI: I saw a boat on a trailer, I saw a flatbed trailer next to it, a forklift behind the flatbed trailer, and then there was pallets of stacked -- pallets of, like, fertilizer product stacked too high all inside the shop. It was pretty full. DISTASO: Okay. Let me show you People's 87. CLERK: Exhibits 88 to 92. 88 to 92. (Whereupon, People's Exhibits 88 through 92 were marked for identification.) DISTASO: Let's take a look at People's 87. Do you recognize what that depicts? BROCCHINI: Yes, I do. DISTASO: What is that? BROCCHINI: That's a diagram of the shop. DISTASO: And if you could, just -- you can use this pen. It's a little thicker. If you could just write -- just write "rollup door" where the door would be located. BROCCHINI: (Complies.) DISTASO: Okay. And write "office door" where the office door would be located. BROCCHINI: There's two office doors, one that leads from the outside in, one that leads from the inside the office into the shop area. DISTASO: Okay. Just put "inside door" where the inside door would be. BROCCHINI: (Complies.) DISTASO: And you can go ahead and have a seat again. There's a -- what looks -- what appears to be a boat in that diagram. Is that the boat you were talking about? BROCCHINI: Yes, it is. DISTASO: And did you ask the defendant if that's the boat that he took fishing that day? BROCCHINI: Yes, I did. DISTASO: And what did he say? BROCCHINI: He said it was. DISTASO: You said there was pallets of -- what did you say there were pallets of? BROCCHINI: Product, is what I called them. I assumed they were fertilizer. He didn't say. But they were just -- they were double stacked pallet on top of pallet, so they were pretty high, maybe ten feet high. DISTASO: And they were throughout the rest of the warehouse? BROCCHINI: Yes. DISTASO: These square boxes, there's a 157 on one of them, these square boxes throughout the diagram, is that rec -- does that depict those pallets that you just described? BROCCHINI: Most of them. Except for some of the ones on the south wall here, those were small crates, like milk crates next to the boat. DISTASO: Okay. Can you just write -- just so we don't get confused, can you write "small milk crates" where those were? And just write "product" in one of the boxes. BROCCHINI: This was like a saw too. It wasn't product. I'll put "saw" on there if you want. DISTASO: Yeah. Go ahead. BROCCHINI: (Complies.) DISTASO: Okay. That's fine. Now, take a look -- well, actually, let me ask you this: What happened when you were in the shop? BROCCHINI: Well, I looked in the boat, and I took some pictures. DISTASO: How did you take pictures? BROCCHINI: I got a 35 millimeter out of my car that I borrowed from a patrolman when we were at the house, and I pointed and pushed the click button. DISTASO: Okay. The -- what were you using for a light source for that -- for taking those photographs? BROCCHINI: Just my headlights. And the camera does have a built-in flash, I -- that I was hoping that was working. DISTASO: Okay. And did you review that film later on at some point? BROCCHINI: Yes. DISTASO: And did all the photographs come out? BROCCHINI: No. DISTASO: Did some of the photographs come out? BROCCHINI: Yes. DISTASO: Let me show you what's been marked as People's 88, 89, 90, 91 and 92. And take a look at those photographs and see if you recognize those? BROCCHINI: Yes, I do. DISTASO: 88 to 92. And what are -- what do those photographs depict? BROCCHINI: Number 88 is a photo of inside the boat. It shows two fishing poles, a spare tire, a life jacket, some yellow-handled pliers. DISTASO: Did -- did you ask the defendant there at the shop anything about the items that were in the boat? BROCCHINI: No, I didn't. DISTASO: Did the defendant say anything when you were gonna take the pictures of the boat, did the defendant make any comment to you? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: He didn't want me to show his boss the photo of his boat in his shop. DISTASO: Did you -- did anything else happen at the shop that we haven't already gone over? BROCCHINI: I -- there was other observations at the shop that you didn't let me describe in these photos. DISTASO: Go ahead. Describe -- I didn't mean to cut you off. Go ahead and describe what was in the -- what those photos depict. BROCCHINI: Number 89 is a photo of inside the boat that shows a portion of an oar, a gas -- a gas can for the boat, and the green canvas bag. Number 90 shows -- is a picture of the license plate and a portion of the back of the boat and a portion of the flatbed trailer that was next to it. Number 91 is a photo of the inside of the back of the boat showing the battery box, the gas tank, a portion of the more -- motor. And Number 92 is the inside of the boat that shows the tackle box, a portion of the -- the front portion of the oar, and one homemade anchor. DISTASO: Did you -- when you say "homemade anchor," what -- what do you -- describe that. What is it? BROCCHINI: It looked like a piece of cement that was made in a bucket of some type, and it had a rebar hoop cemented into the top, and it was -- there was loose concrete in the boat, and this block of concrete had, like, chippings gone, like as if was bouncing and breaking up in the boat. DISTASO: Did you ask the defendant about that? BROCCHINI: No. DISTASO: Did you take anything out of the boat? BROCCHINI: No. DISTASO: Did you touch anything in the boat? BROCCHINI: No. DISTASO: So you just looked in the boat and took some pictures? BROCCHINI: Yes. DISTASO: And did you ever -- did you actually get inside the boat? BROCCHINI: No. DISTASO: So you're doing this all just from standing around the boat or what? BROCCHINI: I might have been -- I was standing on the flatbed trailer next to the boat for some of the pictures, and the other ones, I was standing in front of the boat, like almost outside shooting in. DISTASO: Okay. Can you just take the pen and write on -- write on that diagram where the flatbed trailer is, and just briefly describe it for the Court. BROCCHINI: It's right next to the boat, and it was backed in so that the tongue and the front of the boat and the tongue of the boat were kind of even. 1 DISTASO: Was the -- was the boat itself on a trailer? BROCCHINI: Yes. DISTASO: All right. Separate -- separate from the flatbed that you just talked about? BROCCHINI: Yes. JUDGE: Why don't we take our recess here until 11 o'clock. (Recess: 10:45 a.m.) (Reconvene 11:02 p.m.) DISTASO: Thank you, Your Honor. DISTASO: Detective Brocchini, where we left off, you had just finished looking through the shop; correct? BROCCHINI: Yes. DISTASO: Okay. What did you -- what did you do next? BROCCHINI: We drove to the state -- Modesto Police Department where Scott agreed I could interview him. DISTASO: Okay. Did you ask the defendant if he would give you a detailed interview as to his last -- his last contact with Laci Peterson and what he had done during that day? BROCCHINI: I don't think I said "detailed." I just said, "I hadn't been taking notes all day. I'd like to sit down so I could take some notes and get a more thorough statement from you." DISTASO: Okay. And did he say that would be okay? BROCCHINI: Yes. DISTASO: When you got back to the Modesto Police Department did you notice anything that caught your attention? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: That my notebook was -- I'd left it in the shop. DISTASO: And what did you say, if anything, to the defendant? BROCCHINI: I said, "Scott, I forgot my notebook in the shop. Let's go back and get it." He said, "Okay." DISTASO: All right. Did you go back to the shop? BROCCHINI: Yes. DISTASO: Who opened the door? BROCCHINI: Scott. DISTASO: Had the door been -- when you left the shop, was the door locked? BROCCHINI: Yes. DISTASO: What happened next? BROCCHINI: I followed Scott in with my Streamlight. We went in through the office door, through the inner office door. Scott jumped over the trailer, picked up my bifold. It was in the boat. Handed it to me, and we left, came back to the station. DISTASO: When I asked you if you'd touched anything in the boat, did you touch any of the items in the boat? BROCCHINI: I didn't touch anything in the boat. I set my thing on the boat to take pictures, but I never touched anything in the boat. DISTASO: All right. When the -- okay. And then after he handed you the notebook -- or you said your bifold. Can you -- was it just like a -- can you describe it for us? You don't have -- BROCCHINI: It's a black -- fits a legal-size pad in it. It doesn't have a zipper on it. It just opens up and there's some little pockets for business cards and stuff and a legal pad on the other side. DISTASO: Okay. And then how did you leave the shop the second time? BROCCHINI: Same way. DISTASO: Okay. Who locked the door? BROCCHINI: Scott. DISTASO: And were you still in your car? BROCCHINI: Yes. DISTASO: Defendant was still in the right front passenger seat? BROCCHINI: Yes. DISTASO: And did you drive him back to Modesto Police Department? BROCCHINI: Yes. DISTASO: What time was it when you got back to Modesto Police Department? BROCCHINI: About midnight. DISTASO: And midnight on Christmas morning? BROCCHINI: Yes. DISTASO: And did you then sit down and have an interview with the defendant? BROCCHINI: Yes. DISTASO: Was that interview audio-taped? BROCCHINI: Yes. DISTASO: Was it videotaped? BROCCHINI: Yes. DISTASO: Do you know what the approximate length of it was? BROCCHINI: One hour. DISTASO: And what did you tell the defendant about the interview? When it was over, what was going to happen? BROCCHINI: I would drive him to wherever he wanted to go. I didn't know if he wanted to go home or go to a family friend's house, family member's house. DISTASO: Okay. After the interview was completed, what happened? BROCCHINI: I drove him home. DISTASO: And then you let him out at home? BROCCHINI: Yes. DISTASO: Were there any police officers still in his house at that time? BROCCHINI: No. DISTASO: Were there any police officers present at his house? BROCCHINI: I didn't see any. DISTASO: And then you dropped him off where? I'm assuming in the driveway? BROCCHINI: Yes. DISTASO: And then you left? BROCCHINI: Yes. DISTASO: What did the -- just start from the beginning and tell us, what did the defendant tell you regarding the morning and, you know, the whole day of December 24th, 2002? McALLISTER: Objection. Hearsay. JUDGE: Well, I assume you're going to request to put in items that you assume are mentioned? DISTASO: Yes, Your Honor. JUDGE: Well, I'll overrule it with that proviso. DISTASO: DISTASO: What time did the defendant say he woke up? BROCCHINI: He woke up about 8:00 o'clock. Laci had gotten up a little bit earlier. DISTASO: And did he say whether or not they both ate breakfast? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He said he got up after Laci, took a shower and went had a bowl of cereal. DISTASO: Did he say what Laci had had for breakfast? BROCCHINI: Said she had a bowl of cereal. DISTASO: What did he say happened next? Or what did he say they did next? BROCCHINI: They watched Laci's favorite show, Martha Stewart. DISTASO: And did he say whether or not they watched the whole show? BROCCHINI: No, he said he didn't watch the whole show, but I asked him what he remembered about the show. DISTASO: Okay. And what did he tell you? BROCCHINI: That they were cooking meringue, something to do with meringue. DISTASO: Okay. Did he tell you anything else about the show, anything else that he remembered? BROCCHINI: No. DISTASO: What did he tell you in regards to going fishing that day? BROCCHINI: That it was a that-morning decision. DISTASO: And did he say why he decided to go fishing that day? BROCCHINI: Yes. DISTASO: Why? BROCCHINI: Said it was too cold to go golfing. DISTASO: Did he tell you what his original plans had been? BROCCHINI: Yes. DISTASO: What? BROCCHINI: Go golfing. DISTASO: Okay. Did he tell you anything about the purchase of the boat? BROCCHINI: Yes. DISTASO: What did he say about that? BROCCHINI: This was going to be the first time he had used it, first time it had been in the water since he owned it. DISTASO: Okay. Did he tell you -- did he give you an exact date when he had purchased the boat? BROCCHINI: No. DISTASO: Did he say anything about when he purchased it, like this was a year-old boat, ten years? What? Did he use any words to describe in reference to time when he purchased the boat? BROCCHINI: Couple of weeks, and I can't say if it was right during that interview or if it was in the car ride or if it was at the shop, but he said he had it a couple weeks. DISTASO: So at some point in the evening, though, you do remember asking him when he had purchased the boat? BROCCHINI: That's right. DISTASO: And his only description in that regard was a couple of weeks? BROCCHINI: Yes. DISTASO: Did you speak to a man by the name of Bruce Peterson? BROCCHINI: Yes, I did. DISTASO: And does that man have any relation to the defendant? BROCCHINI: No, he doesn't. DISTASO: And what did you speak to him about? BROCCHINI: The boat. DISTASO: What boat? BROCCHINI: The boat -- Bruce Peterson sold the boat to Scott. DISTASO: To the defendant? BROCCHINI: Yes. (Exhibit 93 was marked for identification.) THE CLERK: Exhibit 95. I'm sorry. That's 93. GERAGOS: I was going to say -- DISTASO: Yeah, it's 93. GERAGOS: Okay. DISTASO: DISTASO: And what did Mr. Bruce Peterson say about selling the boat to the defendant? BROCCHINI: He said that the defendant showed up at his house with fourteen $100 bills and bought the boat. DISTASO: Did he say what date that occurred on? BROCCHINI: Yes. DISTASO: When was that? BROCCHINI: December 9th, 2002. DISTASO: And did he say what was in the boat or what he sold the boat with to the defendant? BROCCHINI: Yes. DISTASO: What? BROCCHINI: It had -- I might have to look at my report to be -- to be positive with everything, but it had two -- DISTASO: Let me stop you. Did you write a report in regards to speaking to Mr. Bruce Peterson? BROCCHINI: Yes, I did. DISTASO: Did you do that at the time the incident was fresh in your mind? BROCCHINI: Yes, I did. DISTASO: Did you do that for the purpose of recording your recollections of what Mr. Bruce Peterson told you? BROCCHINI: Yes. DISTASO: Okay. Go ahead and take a look at it. Hold on one second. BROCCHINI: Okay. DISTASO: Go ahead, Detective. BROCCHINI: He had two life jackets, two seat cushions, one oar, a six-gallon gas tank, a battery, a fish finder, a small trolling motor, a tan-colored boat cover. It had two spare tires: one was in the boat; one was attached to the trailer. It also had some wheels attached to the back of the boat that -- they're like -- he described them as four-inch wheels that you would use to roll the boat down a boat ramp, if you couldn't drive it down there on the trailer. DISTASO: Okay. Did he tell you when was the last time he had had the boat in the water? BROCCHINI: Yes. DISTASO: When was that? BROCCHINI: I think he said September. DISTASO: Just so we're sure, take a look. Do you have the report in front of you regarding when you spoke to Mr. Peterson? BROCCHINI: Yes, I do. DISTASO: And look at the very last sentence on the first page. BROCCHINI: Yeah. He said he had the boat in the lake in September -- DISTASO: Okay. Did he say when -- BROCCHINI: -- in the fresh water. DISTASO: Yeah, I'm sorry. Did he say whether or not the boat had ever been in saltwater? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: It had never been in saltwater. DISTASO: Taking a look at -- hold on a second. Here we go. People's 47 is a picture of the boat; correct? BROCCHINI: Boat and the truck, yes, it is. DISTASO: Taking a look at People's 93, do you recognize that document? BROCCHINI: Yes, I do. DISTASO: And what is that? BROCCHINI: That was a bill of sale I found in Scott's truck during the service of the search warrant on February 18th. DISTASO: And is that a bill of sale for the boat? BROCCHINI: That's a bill of sale for the boat, signed by Bruce Peterson. DISTASO: Now, going back to the 24th, the defendant said that they'd had breakfast, and what did he say -- he decided to go fishing. What did he say that Laci Peterson was doing at this time? BROCCHINI: He -- Laci asked the defendant to bring in a bucket. She was going to mop, clean up the kitchen, go shopping for a dinner or a brunch they were going to have and then walk the dog. DISTASO: Okay. And did he say what time he left the residence? BROCCHINI: About 9:30 or 9:35. DISTASO: Did he say what Laci Peterson was wearing when he left the residence? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: She had black pants on. She had a white pullover type blouse that didn't have any bucket -- buttons, and it was long-sleeve, and she was barefoot. DISTASO: And did he say what Laci was actually doing when he left? You know, you gave us the rundown of what he said she was going to do. Did he say -- or did you ask him exactly what she was doing when he left? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: She was mopping. DISTASO: Did he say which portion of the house she was mopping? BROCCHINI: Yes. DISTASO: Where? BROCCHINI: Can I show you on the -- DISTASO: Yeah, I was just going to say, actually, if you could just write "Laci mopping" in the area of the house where the defendant told you she was mopping. BROCCHINI: She was mopping right inside these French double doors. DISTASO: Okay. On that diagram, just so we can orient ourselves, can you put where the backyard is? BROCCHINI: (Witness complied.) But it also -- the backyard goes all the way around. DISTASO: Yeah, okay. Go ahead then and just draw an arrow, then, from where you wrote "backyard" to just kind of show where it goes. BROCCHINI: (Witness complied.) DISTASO: And where's the driveway? BROCCHINI: Driveway is -- (Indicating.) DISTASO: Okay. Okay. That's fine, Detective. Thanks. The -- and did the defendant tell you what he did after he left the house? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: He went to his shop. DISTASO: And did he tell you what he did in his shop? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: Said he checked his e-mail. He sent one e-mail. He built a mortising woodworking machine. He hooked up his boat and left for the bay. DISTASO: Did you see when you were there present in the shop, did you see -- or did the defendant point out to you a mortise woodworking machine? BROCCHINI: Yes, he did. DISTASO: What did the defendant tell you he did next? BROCCHINI: He drove to the Berkeley Marina where he launched his boat. DISTASO: Okay. Let me stop you. Did he say he made any stops on the way to the marina? BROCCHINI: No. He drove straight there. DISTASO: Did he say whether or not he took -- he took any food or water with him on his trip? BROCCHINI: He said he didn't. DISTASO: Did he say whether or not he stopped at any time for gas or food or any -- any kind of supplies? BROCCHINI: Just on the way home he stopped for gas. DISTASO: Okay. On the way there is what I'm talking about. BROCCHINI: No. DISTASO: No, he said -- BROCCHINI: He did not stop anywhere. He drove straight to the Berkeley Marina. DISTASO: What did he say happened when he got to the Berkeley Marina? BROCCHINI: He launched his boat. He drove out of the marina. He said he drove north for two miles to an island, where he saw an island, and he described the island for me. DISTASO: How did he describe it? BROCCHINI: He said it was -- it had trash around it and some broken pier blocks and there was a sign that said "no landing." DISTASO: When you said -- you said "drove." Just so I guess we're clear with the record, when you say he drove north two miles, I mean, was that -- was he in his boat at this time? BROCCHINI: Yeah. He powered his boat for north -- he said a couple of miles towards this island. DISTASO: Are you familiar with the San Francisco Bay, the waters around the Berkeley Marina? BROCCHINI: I am now. DISTASO: I mean, have you been -- since December 24th, 2002, have you actually physically been to the waters around the Berkeley Marina? BROCCHINI: Yes, I have. DISTASO: Okay. This is my next. GERAGOS: 94. (Whereupon defense counsel examined the exhibit.) DISTASO: What -- tell me exactly the exact -- as best you can remember, the exact description that the defendant gave you regarding his trip in his boat on the San Francisco Bay. Just tell me again what he said. BROCCHINI: He said he launched his boat. He powered it out of the marina, and then he went north a couple of miles to where he could see an island that was -- it was shallow around the island. He could see trash, and he could see like pier blocks, and he saw a sign on the island that said "no landing." DISTASO: You've since been -- let me show you People's -- I mean, you see that diagram, the photograph on the board, People's 94? BROCCHINI: Yes, I do. DISTASO: Okay. Are you familiar with the area that's depicted there? BROCCHINI: Yes. DISTASO: And where is that area, just generally? BROCCHINI: It's the Berkeley Marina and Brooks Island area of the San Francisco Bay. DISTASO: Okay. Out on the bay, in that area, from the Berkeley Marina, is there any island that is roughly approximately two miles away from the Berkeley Marina? BROCCHINI: North? DISTASO: Yes. BROCCHINI: No. DISTASO: Where -- in that area in the bay, is there -- what islands are present? McALLISTER: Objection. Irrelevant. There are a lot of islands in the bay. JUDGE: Yeah. Sustained. DISTASO: In the area around the Berkeley Marina, what islands are present? BROCCHINI: Just that one. DISTASO: Just the Brooks Island? BROCCHINI: Yeah. DISTASO: Across on the far side of the bay, all the way across the bay, is there another island? BROCCHINI: Yes. DISTASO: What's that? BROCCHINI: Well, there's Yerba Buena Island and Treasure Island. DISTASO: Okay. This particular -- Brooks Island is approximately how far from the Berkeley Marina? BROCCHINI: Two miles. DISTASO: And what direction does Brooks Island lay from the Berkeley Marina? BROCCHINI: North. DISTASO: Okay. Now, have you actually been out on a boat in an area where you could observe the Brooks Island -- Brooks Island? BROCCHINI: Yes. DISTASO: Now, if you could, on this diagram, could you just circle -- let me ask you this. Do you see the Berkeley Marina on that diagram? BROCCHINI: Yes, I do. DISTASO: Circle it and then just write "Berkeley Marina" by there. JUDGE: Use a different color. DISTASO: Yeah, I'm going to try -- we're running out of pens, unfortunately. Hold on a second, Detective. Let me see if I can get you a better pen. JUDGE: Can't see that. DISTASO: DISTASO: Try it again. You marked it in blue originally; correct? BROCCHINI: Yes. DISTASO: Try it again with a red pen. BROCCHINI: (Witness complied.) DISTASO: And the Berkeley Marina was the marina that the defendant said he left from; correct? BROCCHINI: Yes. DISTASO: Okay. Where on Brooks Island or is there a spot on Brooks Island where there's a sign that says "no landing" or "no trespassing" or something like that? BROCCHINI: "No landing." DISTASO: Okay. Where is that? BROCCHINI: It's right -- I'll put an X right there. DISTASO: Okay. Then just write "no landing" by there. BROCCHINI: (Witness complied.) JUDGE: Just for clarification, looks like there's a road going up to that, quote, "island." I assume if we had the photograph further down, that is in fact an island? BROCCHINI: Yes. DISTASO: Okay. Just for the record, the way the photograph is, the island has a little spike sticking out of the bottom; is that right? BROCCHINI: Yes. DISTASO: Does that spike extend all the way to the land? BROCCHINI: No. DISTASO: There's water around the other side; correct? BROCCHINI: Yes. DISTASO: Okay. What did the defendant tell you happened when he got out to this particular location? BROCCHINI: He said he trolled a little bit and then it got choppy and started to rain, and so he went back. DISTASO: Did he say what he was fishing for? BROCCHINI: No. DISTASO: Did you ask him specifically what he was fishing for? BROCCHINI: No. DISTASO: Did he say why he chose that particular location to fish or troll? BROCCHINI: No. DISTASO: Did he say anything about the depth of the water in that location? BROCCHINI: Yes. DISTASO: What did he say about that? BROCCHINI: Said it was shallow. DISTASO: And you're familiar -- just so everybody's clear, you're familiar with what trolling is; correct? BROCCHINI: Yes. DISTASO: Just briefly, what is that? Is that a fishing technique? BROCCHINI: Yeah. You put your line out with a lure on it or a bait, and you kind of drive slow in a circle or somewhere. DISTASO: It's just kind of a way of dragging your lure or bait behind the boat? BROCCHINI: Yes, it is. DISTASO: Okay. Did he say how long he did that for? BROCCHINI: How long he trolled for? No, he just said a short time. DISTASO: Did he say how long -- okay. Well, what made him stop fishing? Did he tell you that? BROCCHINI: Said it got too choppy and started to rain. DISTASO: Okay. What did he say in response to the changing weather? BROCCHINI: That he was getting wet and he wanted to go in. DISTASO: Okay. So what did he do? BROCCHINI: He powered his boat in back to the marina. DISTASO: Okay. What happened then? What did he say happened next? BROCCHINI: He said he spoke to some people, and he said that he had trouble backing his trailer down, and there was some maintenance there that got a good laugh at him trying to back up. DISTASO: Okay. Did he say why they were laughing at him backing up? BROCCHINI: He was having a hard time backing his trailer down. DISTASO: What did he say happened next? BROCCHINI: He hooked his boat up to the trailer, and then he started for home, and then he called Laci; he called Laci's cell phone. DISTASO: Did he say where he was when he called Laci's cell phone? BROCCHINI: Said he was in Berkeley. DISTASO: Did he say whether he got a response? BROCCHINI: He said he left a message. No, nobody answered. DISTASO: Did he -- what did he say happened next? BROCCHINI: He called home and left a message on the home phone also. And then he drove and stopped for gas in Livermore. DISTASO: Okay. Did -- at any time that evening, did the defendant allow you to listen to any of these messages that were saved or that he'd left? I'm sorry. BROCCHINI: Yes. DISTASO: And what messages did you listen to that he'd left? BROCCHINI: I only listened to the message he'd left on Laci's cell phone. DISTASO: Okay. And did you write down verbatim somewhere what that message was? BROCCHINI: Yes. DISTASO: And is it in your report? BROCCHINI: Yes, it is. DISTASO: Do you remember off the top of your head verbatim what it was? BROCCHINI: No. DISTASO: Okay. Go ahead and take a look at your report. BROCCHINI: I see it. I'm not going to be able to memorize it and read it. I'll have to read it. DISTASO: We've already gone through all this. Go ahead and just read it straight out of your report. BROCCHINI: "Hey, Beautiful. I just left you a message at home. It's 2:15. I'm leaving Berkeley. I won't be able to get to Vella Farms to get the basket for Papa. I was hoping you would get this message and go on out there. I'll see you in a bit, sweetie. Love you. Bye." DISTASO: And after you said he left that message, you said he told you he drove where? BROCCHINI: He stopped for gas in Livermore. DISTASO: Did he say what station he stopped at? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: A Chevron station. DISTASO: What did he say he did next? BROCCHINI: He pumped gas, using his debit card from the pump. He didn't get a receipt. And then he made another phone call and left another message on the home phone for Laci. DISTASO: That particular message, you didn't listen to that one, the one he'd left on the home phone? BROCCHINI: No, I didn't. DISTASO: Okay. What did he say he did next? BROCCHINI: He drove back to his shop, unhooked his boat, checked his e-mail and went home. DISTASO: And when he got home, did he say how he parked his car? BROCCHINI: Yes. DISTASO: How? BROCCHINI: He backed it in. DISTASO: Okay. What did he say was the next thing he saw? BROCCHINI: He went in through his back gate into his backyard and saw his dog with the leash on running free. DISTASO: Now, this particular house, 523 Covena, does it have a front door in the sense you can just walk up from the street and go into the house? BROCCHINI: No. DISTASO: Okay. To go into the house, you have to go through a gate? BROCCHINI: Yeah, there's two gates -- DISTASO: Is that correct? BROCCHINI: There's two gates on the front of the house. You've got to go through one of those gates to get into the house. DISTASO: Okay. So he says he goes into the gate; correct? BROCCHINI: Yes. DISTASO: And he sees his dog? BROCCHINI: Yes. DISTASO: What kind of dog was it? BROCCHINI: Golden Retriever. DISTASO: What did he say he saw? BROCCHINI: The dog had its leash on. DISTASO: And what did he say he did next? BROCCHINI: Took the leash off his dog and put it on the picnic table, and then he went in his -- what he called the back door, which are the double French doors that lead in from the backyard into the little nook area right off the kitchen. DISTASO: Okay. Did he say there was anything unusual about the French doors? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: That they were unlocked. DISTASO: And what did he say happened next? BROCCHINI: The cat and dog followed him into the house, and the cat ran towards the bucket, and so he went over and took the bucket outside and dumped it and took the mops outside. DISTASO: Can you pull People's 94, that photograph, off there and take a look at the diagram of the house again? I don't think it's been marked on there. Can you mark on there where the bucket was when you saw it?It was sitting outside the door? BROCCHINI: Yes. DISTASO: Just write "bucket." BROCCHINI: I'll put an X and "bucket." DISTASO: Okay. And can you just show the Court where the defendant told you he originally got the bucket from and then took it and where he put it to? You can just draw like a bucket start and then draw a line to where it ended up. BROCCHINI: He didn't tell me where he got the bucket from, but he said he brought it in from outside, and he put it right next to the front door. There's some pigeonhole cubbyholes right next to the front door. I'll put an X. And he said when he got home, he walked it -- and I'll make a line to where the bucket was. DISTASO: Okay. What did he say he did next? BROCCHINI: He went to the washing machine. He removed a pile of white towels from inside the washing machine, and he took off his clothes, put them in the washer and started a wash cycle. DISTASO: I already asked you. He said he only washed his own clothes; right? BROCCHINI: Three items of clothing. DISTASO: What did he say he did next? BROCCHINI: He went into the kitchen. He got a box of cold pizza out of the refrigerator. He poured himself a glass of milk, and he says he ate one piece of pizza and part of another piece. DISTASO: What did he say he did next? BROCCHINI: He went into the bathroom and he took a shower. DISTASO: Did he tell you what -- I didn't ask you this. But did he tell you what time he got home? BROCCHINI: Between 6:30 and -- I'm sorry. Between 1630, which would be 4:30 in the afternoon, and a quarter to 5:00. DISTASO: Okay. And after his shower, what did he tell you he did next? BROCCHINI: He checked the messages on his answering machine. DISTASO: And did he say that -- what messages did he say he heard? BROCCHINI: He heard the two messages he had left on his way home, and he heard one from Ron Grantski about Laci picking up some whipped cream for the dinner. DISTASO: And what did he say he did next? BROCCHINI: He called -- he called Sharon. DISTASO: And then what did he do next? BROCCHINI: He said he went across the street and talked to Amy Krigbaum. He left a note on Karen Servas' door, and then he returned home and called Sharon again. DISTASO: And what's the next thing he told you? BROCCHINI: When he -- he says he pulled the phone book out when he came back the second time, but Sharon told him that Ron would call the hospitals; he should go call some of Laci's friends and go to the park. DISTASO: What -- all right. Was that the end of the interview, or did he tell you more things that happened that evening? BROCCHINI: Well, that wasn't the end of the interview. DISTASO: Go ahead. What's the next thing he told you, then? BROCCHINI: Well, I asked him if I could -- I asked him about his hands, and if he had fired any guns recently. DISTASO: And what did he say? BROCCHINI: He said he last fired a gun was about a month earlier when he was in Lone Pine pheasant hunting. DISTASO: Okay. And what's the next thing he told you? BROCCHINI: I asked him if I could check his hands for gunshot residue. DISTASO: And what did he say? BROCCHINI: He said I could. DISTASO: What -- did he say anything about that? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: Well, when he saw me remove the kit, he said -- he wanted to know if the exhaust from the outboard motor could register positive as gunshot residue. DISTASO: And what did you tell him? BROCCHINI: No. DISTASO: What's the next thing he told you? BROCCHINI: He -- he told me something. I don't know if I can say it or not. But -- DISTASO: Okay. Well, let -- let me ask you this question, then. Did he tell you what his plans were going to be on Christmas Day? BROCCHINI: Yeah. DISTASO: All right. What was that? BROCCHINI: He was going to meet family and friends about 8:00 o'clock to continue the canvass. DISTASO: Okay. Was that the end of the interview, then? BROCCHINI: I mean, I -- we talked some more. I told him what my role was in this interview and in this investigation and what he should expect. DISTASO: Okay. What did you tell him about that? McALLISTER: I'm -- DISTASO: Hold on. GERAGOS: Could we have a moment? JUDGE: Go ahead. I assume the mic's off. (Whereupon counsel conferred.) DISTASO: DISTASO: Okay. You said you told him what -- you told him what your role was; is that right? BROCCHINI: Yes. DISTASO: And what was your role in the investigation? BROCCHINI: To eliminate him as a suspect. DISTASO: Okay. Is that -- in a case like this where you have a missing wife and the husband is the last one who has reported seeing her, is that unusual for the police department to eliminate that person, to need to eliminate that person as a suspect? BROCCHINI: No. That's not unusual. That's called for. DISTASO: Okay. Is that something that is standard practice then when you're investigating these kind of cases? BROCCHINI: Yes. DISTASO: Does it matter who the person is? BROCCHINI: No. No matter who the person is, the last one that was seen with her has to be eliminated as one -- DISTASO: Okay. Let's just take. Just for an example, let's just say -- let's take the President of the United States. His wife ends up missing in Modesto -- McALLISTER: Objection. Objection. DISTASO: Well, no. Judge, I'm asking him what the standard practice is. JUDGE: Finish your question. DISTASO: DISTASO: And his wife ends up missing in Modesto, and he was the last person to see her, and you were tasked to have the same role you did in this case, what would your job be? McALLISTER: Objection. Argumentative and speculative. JUDGE: Sustained. Let's stick to the relevant evidence in this case. This is a preliminary hearing, Mr. Distaso. DISTASO: DISTASO: Did you have any further contact with the defendant that evening? BROCCHINI: Yes. DISTASO: Okay. What was that? BROCCHINI: About 2:00 o'clock in the morning he called me on my cell phone. DISTASO: What was that conversation about? BROCCHINI: He wanted to know if I took his gun. DISTASO: And what did you tell him? BROCCHINI: I did. DISTASO: And what did he say about that? BROCCHINI: He wished I would have told him. DISTASO: Okay. Did he tell you to give him his gun back? BROCCHINI: No. DISTASO: What did you tell him -- when he said, "I wish you would have told me," what was your answer to him? BROCCHINI: That it was illegal to have a loaded gun in his glove box, and I was going to put it into evidence. DISTASO: And what -- was that the last contact you had with him, you know, either from the 24th or into the early morning hours of the 25th? BROCCHINI: Yes. DISTASO: On the 25th, later in the day, did the defendant call you? BROCCHINI: Yes. DISTASO: And did he ask you any questions? BROCCHINI: Yes. DISTASO: What did he ask you? BROCCHINI: He asked me if we were using cadaver dogs in Dry Creek Park looking for Laci. DISTASO: What did you tell him? BROCCHINI: I told him I hadn't considered her being dead yet, so we hadn't used cadaver dogs. I was kind of surprised he was asking me. McALLISTER: Object to his reaction. That's irrelevant. JUDGE: That part is stricken. DISTASO: DISTASO: Did you -- let me just ask you this question. Was there a large media presence during this initial stages of this case? BROCCHINI: There was a large presence of people, civilians, family, friends, and me -- media -- I can't say how many media were there, but there were cameras there in this initial report. DISTASO: And then did the media presence increase as kind of the week of Christmas week progressed, or did the media presence decrease? BROCCHINI: It increased. DISTASO: Was a tip line set up or a hotline, I guess, set up for people to call in tips regarding this case? BROCCHINI: Yes. DISTASO: And was the Modesto Police Department receiving a large number of calls and tips? BROCCHINI: Yes. DISTASO: Did you have any idea how many were coming in on a daily basis? BROCCHINI: Hundreds, if not more. DISTASO: On the 30th of December, 2002, did the Modesto Police Department receive a call on the tip line from a woman by the name of Amber Frey? BROCCHINI: Yes. DISTASO: And were you aware of one of those calls to the tip line? BROCCHINI: I was aware of that one. DISTASO: Okay. How did that take place? BROCCHINI: I was standing behind the tip desk and I was watching one of our clerks who was on headphones, so I couldn't hear what was being said, but I was reading what she was typing in on the tip. DISTASO: And was she typing in a tip from Amber Frey? BROCCHINI: Yes. DISTASO: And did you then actually take a call or take the phone call at that time? BROCCHINI: Yes. DISTASO: And did you speak to a woman by the name of Amber Frey? BROCCHINI: Yes. DISTASO: And then did you actually go down to her home and have an initial interview with her? BROCCHINI: Yes. DISTASO: And what -- just briefly -- I don't want you to go into great detail. But what was the basic substance of what she told you? McALLISTER: Objection. Hearsay. DISTASO: It's Prop. 115. JUDGE: I'll allow it. Overruled. BROCCHINI: She said that she had tried to call me earlier -- this is on the very first phone call when I got her. She said she had tried to call me earlier in the middle of the night, and I wasn't there, so she called the tip line. Said she met Scott in November 20th. He said he wasn't married at the time. Later, about December 9th, she found out he was married and confronted him; and he had told her that he had lost his wife and that she was -- this would be the first holiday that he would be without his wife. She said that he was still calling her. This was the 30th. He was still calling her. She said she'd heard from him on the 25th, 26th, 27th, and 28th; and he was still calling her, saying he was out of the country and he would be able to be with her more exclusively like January 25th. DISTASO: Did -- at that point when you received that information, did either yourself or other members of the Modesto Police Department arrange for Miss Frey to tape her phone calls with the defendant? BROCCHINI: I did. DISTASO: And to your knowledge, you don't -- I don't want you to tell me about the substance of every call. But to your knowledge, did Ms. Frey actually tape phone calls between herself and the defendant and hand those tapes or turn those tapes in to the Modesto Police Department? BROCCHINI: Yes. DISTASO: On February 18th of 2003, was a second search warrant served on the defendant's home? BROCCHINI: Yes. DISTASO: Did you find some cell phones? BROCCHINI: Yes. DISTASO: What numbers -- what were the actual numbers of the cell phones that you found? BROCCHINI: Can I refer to my report? DISTASO: Yeah. Did you document that information in your report? BROCCHINI: I did. DISTASO: Yeah. Go ahead. BROCCHINI: Ready? DISTASO: Okay. Yeah. Go ahead, Detective. BROCCHINI: (858)232-2203, (209)499-8427, (209)505-0337. That's it. DISTASO: And where were those cell phones found? BROCCHINI: Scott was holding the (209)505-0337 or it was in his truck when we made contact with him. The (209)499-8427, was on a shelf, one of those little cubbyholes right by the front door inside the residence; and the 858 was also in the residence, either in the shelf or right on top of a duffel bag. There was some luggage in there. It was like he was leaving for a trip. DISTASO: Before I go further, the marina receipt that Detective Evers handed you, what did you do with that? BROCCHINI: I booked it into evidence. DISTASO: And the fishing license that you found that you've described for us was -- I mean, the one that's marked, was that a two-day fishing license? BROCCHINI: Yes, it was. DISTASO: Did you see any fishing license for 2003? BROCCHINI: For 2003? DISTASO: Yeah. BROCCHINI: No, it hadn't been -- DISTASO: No. I'm sorry. I messed that up. Did you see any fishing license -- I mean, any other fishing license for 2002? BROCCHINI: Just the two-day. DISTASO: Did you speak to -- were you present when the defendant was arrested? BROCCHINI: Yes, I was. DISTASO: What? BROCCHINI: Yes. Yes, I was. DISTASO: Okay. And had the defendant changed his appearance in any way? BROCCHINI: Yes. DISTASO: There's two photographs up there. Can you take a look at them? People's -- People's 45 and 46. Do those -- do you want to look at these again? GERAGOS: No, I've seen them. DISTASO: Okay. Do those photographs accurately depict the way the defendant appeared on April 18th of 2003? BROCCHINI: Yes, they do. DISTASO: And in the prior contacts that you'd had with the defendant that you've told us about in December and in February here, had the defendant appeared -- had his appearance, hair color, facial hair been similar to it is here in court today? BROCCHINI: When I first met him on Christmas Eve, it was similar to today. On the 18th when I met him, he had a goatee, but his hair was dark; and on this day, his goatee is much more full with a full mustache, and his hair is blonder. DISTASO: Did you speak to a man by the name of Michael Griffin? BROCCHINI: Yes, I did. DISTASO: And why did you speak to him? BROCCHINI: The car Scott was arrested -- when he was arrested, he was driving a Mercedes. That car was registered to Michael Griffin. DISTASO: Did -- and what did Michael Griffin say about how the defendant came in contact with the vehicle that was registered to him? BROCCHINI: Griffin said he sold it to him. DISTASO: Okay. Had you -- in all the time -- had you been investigating this case from the -- from basically the time on the 24th up until the defendant's arrest? BROCCHINI: Yes. DISTASO: Had you been aware of vehicles that the defendant had been driving? BROCCHINI: Some of them. DISTASO: And the ones that you were aware of, were you ever aware of him driving a vehicle registered to Michael Griffin? BROCCHINI: Just when he was arrested. DISTASO: Okay. What type of car was that? BROCCHINI: It was a 1984 Mercedes convertible. DISTASO: And what color? BROCCHINI: Maroon. DISTASO: What? BROCCHINI: Maroon. DISTASO: And did Mr. Griffin tell you about the defendant's purchase of that car? BROCCHINI: Yes. DISTASO: What did he tell you about that? BROCCHINI: That the defendant called him. It was listed in the Auto Trader for $5,000. The defendant came over and negotiated a price of 3,600. The defendant left the apartment, went downstairs, and returned ten minutes later with thirty-six $100 bills, and he bought the car. DISTASO: And did Mr. -- or Michael Griffin tell you what he sold -- what was in the car when he sold it? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: The jack and the spare tire, and that's about it. DISTASO: Did the defendant -- did Mr. Griffin tell you whether or not the defendant purchased the car in his own name? BROCCHINI: Griffin thought he purchased it in his own name. DISTASO: What name did the defendant -- what name did Mr. Griffin tell you the defendant purchased the car under? BROCCHINI: Jacqueline Peterson. DISTASO: And did Michael Griffin ask the defendant about that? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He said that was his name his parents gave him. It was kind of "A Boy Named Sue" thing. They called him Jack for short. DISTASO: All right. So just so I'm clear, Michael Griffin told you that the defendant told him that his parents had given him the name of Jacqueline Peterson, kind of "A Boy Named Sue" kind of thing? BROCCHINI: That's right. DISTASO: And did Mr. Griffin ask the defendant for any kind of identification? BROCCHINI: Yes. DISTASO: And what did he say the defendant's response was? BROCCHINI: He said all he had was a Florida license, and he gave a number and he never showed him any physical ID, just said, "I have a Florida license," and he gave him like a Florida license number. DISTASO: Okay. Did Mr. Griffin press him any further on that point? BROCCHINI: No. DISTASO: And did he complete the sale? BROCCHINI: Yes. DISTASO: Did Michael Griffin send you a FAX regarding the DMV information that was filled out for this car purchase? BROCCHINI: Yes. DISTASO: I'll show it to you. I'm going to mark it first. THE CLERK: 95. (Exhibit 95 was marked for identification.) McALLISTER: I'm going to object to that as hearsay, Your Honor. That's a document. Assuming it's authenticated from DMV, it's a document apparently made out by Mr. Griffin. DISTASO: Actually, Your Honor -- JUDGE: I'm going to allow it under 115. It's the same as getting information directly from Mr. Griffin. So -- DISTASO: DISTASO: Is that the document that was provided to you by Mr. Griffin? BROCCHINI: No. DISTASO: Okay. Who provided that one to you? BROCCHINI: The DMV. This is a certified copy the DMV sent me. McALLISTER: I renew my objection. DISTASO: Actually, then it would be an official record, Your Honor. JUDGE: If it comes under that exception, then I'll allow it. DISTASO: The -- and is that a change of title form? BROCCHINI: That's a release of liability form. DISTASO: And who is the release of liability made out to? McALLISTER: The document speaks for itself, Your Honor. JUDGE: Any objection to it coming into evidence? Well -- McALLISTER: The one I already made and was ruled on. JUDGE: I was going to allow him to testify to it, so, therefore, I'll allow the item into evidence. (Whereupon Exhibit 95 was received in evidence.) DISTASO: Okay. So I don't have any further questions on that, Your Honor. JUDGE: Let me see it. Go ahead. DISTASO: No further questions at this time, Your Honor. JUDGE: Why don't we just take our lunch break, come back at 1:20? DISTASO: That's fine. JUDGE: 1:20. 21(Proceedings concluded at 11:52 a.m.) (Resume 1:20 p.m.) DISTASO: Your Honor, I had like two more questions. JUDGE: Everyone's present. You may continue your direct, Mr. Distaso. DISTASO: Thank you, Your Honor. DISTASO: Detective Brocchini, regarding the car purchased from Michael Griffin, did Mr. Griffin tell you where that took place, what city? BROCCHINI: Yes. DISTASO: Where was that? BROCCHINI: The city he lives in. I think it was -- I'd have to look. San Diego, I think. But can I look? DISTASO: Yeah, why don't you take a look at your report just to be sure. BROCCHINI: Yeah, took place at 2666 Worden, W-O-R-D-E-N, Street, Number Seven, San Diego. DISTASO: And the arrest -- the arrest of the defendant took place in San Diego as well? BROCCHINI: Yes, it did. DISTASO: Nothing further, Your Honor.
CROSS EXAMINATION by Kirk McAllister McALLISTER: Do you know where Mr. Peterson's parents live? BROCCHINI: Yes. McALLISTER: Where is that? BROCCHINI: Solano Beach. McALLISTER: Somewhere near San Diego? BROCCHINI: Yes. McALLISTER: Now, Detective Brocchini, when you got this call, you were the on-call detective; is that correct? BROCCHINI: Modesto Police Department, all detectives are on call all the time. I was the detective that got called. McALLISTER: Who got called? BROCCHINI: I got called. McALLISTER: Okay. And when you got that call, you obviously had no idea at that point what this case would become; is that right? BROCCHINI: That's correct. McALLISTER: And in terms of what it became, other than being a tragedy, would it be accurate to say that it was the most publicized case that you ever investigated? BROCCHINI: Yes. McALLISTER: And you have -- can you give us an estimate, just a rough estimate, about how many hours you have yourself worked on this case? BROCCHINI: I could tell you I came to work on Christmas Eve and pretty much didn't go home for four and a half months. I went home in the middle of the night, changed, took a nap, and came back to work and had no days off. So it was a lot of hours I put in. McALLISTER: Okay. And would I be also correct in saying that when you did try to get some sleep in this case, it was so consuming that there were times when you couldn't sleep? BROCCHINI: There was time when I thought about the case when I should have been sleeping, yeah. McALLISTER: Right. And pretty hard to turn off -- turn off the gears when you're working on something like this, isn't it? BROCCHINI: Yes, it is. McALLISTER: So when you say four and a half months, would that -- that period of intensity, is that -- does that -- is that book ended by the time when Laci was reported missing to the time of Scott's arrest? Is that what we're talking about, roughly? BROCCHINI: Well, we continued after Scott's arrest, but, yeah, that was the main portion of time. McALLISTER: And when you -- sometimes when you would try to go to sleep or you'd wake up before your allotted wake-up time, were you still thinking about the case? BROCCHINI: I thought about the case a lot. I can't say I woke up because of it, but -- McALLISTER: Were there times when you'll just drive by 523 Covena, you know, just to drive by after Laci's disappearance, maybe to see if that generated a new idea about the case, maybe a new lead? BROCCHINI: No. McALLISTER: Now, you've got in front of you two awfully big binders. Now, those represent the police reports in this case; is that right? BROCCHINI: The police reports I wrote. McALLISTER: Okay. Those are just the police reports that you authored? BROCCHINI: Yes. McALLISTER: Is that correct? BROCCHINI: There might be a few pages in there that I didn't author, but yes. McALLISTER: Okay. Okay. Now, give me your estimate, again, just an estimate, of how many pages that would be, police reports which you authored in this case. BROCCHINI: 800, 850, maybe around there. McALLISTER: And in any of the questioning here, if I'm asking you a question, with that volume of police reports and work that you did, feel free to stop me if you need to resort to the report to refresh your recollection, okay? BROCCHINI: Okay. McALLISTER: I mean, you had to do that some when Mr. Distaso was talking with you, right? BROCCHINI: That's right. McALLISTER: And you probably had some preparation time with Mr. Distaso before you got on the stand; is that right? BROCCHINI: That's right. McALLISTER: So you had a rough idea of the questions that he was gonna ask you off that page, right? BROCCHINI: I knew where he was going, what witnesses I was gonna be asked to Prop 115. McALLISTER: Okay. And even so, you needed to resort to the pages sometimes to refresh your recollection, right? BROCCHINI: Right. McALLISTER: Now, you told us that you were working -- your assignment, pardon me, is crimes against the person, is that -- that's your -- part of the police department that you work? BROCCHINI: Yes. McALLISTER: Is that correct? BROCCHINI: Yes. McALLISTER: And would that be true for all the period that we've been talking about from December 24th to the present? BROCCHINI: Yes. McALLISTER: And, in fact, your being a detective in the Crimes Against Persons Unit goes back earlier than simply December 22nd of '02, right? BROCCHINI: Yes. McALLISTER: How long have you been working in that division? BROCCHINI: November of 2000. McALLISTER: Okay. So -- and when you're working crimes against the person, you're working exclusively -- maybe not exclusively murders, but you're working murders, assaults, things -- serious batteries, those kinds of things, right? BROCCHINI: Yes. McALLISTER: And is it accurate to also say that when you're working in that unit or division -- what do you call it, just so I have the nomenclature down? BROCCHINI: I call it robbery/homicide when I answer the phone. It's called Crimes Against Persons. McALLISTER: Okay. But when you're working robbery/homicide or crimes against the person, is it also accurate to say that you're not doing double duty as a person -- as a detective working child molests or crimes against property or economic crimes, other stuff like that? BROCCHINI: No, that's not accurate. McALLISTER: Are you working other things than crimes against the person when you're working in this robbery/homicide detail? BROCCHINI: Sometimes. McALLISTER: And how does that happen? BROCCHINI: You get a case like -- that somebody specializes in something, like gangs, for instance, and I was -- worked in the gang unit for many years, and so I still will sometimes pick up a gang case or testify as an expert in criminal street gangs, and that really maybe -- homicide, usually they are a violent crime, like a robbery, a 245 or something, but I just might be there as a gang expert. McALLISTER: Okay. Well, and up to 2000, that -- wasn't that your area of specialty, gang work? You testified and investigated a lot of cases in this county relating to gang work. BROCCHINI: Yes, I did. McALLISTER: And how about in the area of, for instance, economic crimes, that kind of thing? Have you ever worked in that area? BROCCHINI: I've investigated cases as a patrolman, but I've never specialized in it as a detective. McALLISTER: I see. So most of your work has been in the assaultive range, the robbery/homicide, the essentially Crimes Against Persons, right? BROCCHINI: A lot of work in narcotics also. McALLISTER: Okay. Narcotics. Probably that blends in also with the gang stuff that you did, right? BROCCHINI: That's right. McALLISTER: Now, when -- so when -- so as a detective, you get called out, as you did in this case, and then you get initially briefed by the on -- the officers who are already there at the scene; is that accurate? BROCCHINI: Yes. McALLISTER: And then you get a -- you get an overview, a mental overview, and then you start doing what you have to do, right? BROCCHINI: Yes. McALLISTER: And then from that point on, you're gathering facts, right? BROCCHINI: Doing my best. McALLISTER: Evaluating evidence, right? BROCCHINI: Doing -- yes, I do that. McALLISTER: And, obviously, also generating reports, right, like you've done 850 or so pages here? BROCCHINI: Yes. McALLISTER: Now, how does that work? When you've got reports to write, what do you -- it may be different in every department. You type them up yourself on a computer? Do you dictate them? How -- what is your style of doing it? BROCCHINI: I dictate most of them. Some of them are handwritten. I've typed a couple McALLISTER: Okay. And then once having dictated, then somebody else presents them to you that this is your report, right? BROCCHINI: It's given back to me, I review it, make corrections, give it back to them, and they print it out. McALLISTER: Okay. And just as a way of operating, when you're doing a report, when you're doing reports, do you try to put out all the information that you've gathered, whichever side it may seem to help, whether it's the prosecution's side ultimately or the defense side? BROCCHINI: Yeah. McALLISTER: What you want to get out there is the truth, the whole truth, and nothing but the truth in your reports? BROCCHINI: Well, you can't put everything that's the truth, the whole truth, and nothing but the truth, or you'd be giving a verbatim -- McALLISTER: No. BROCCHINI: But you put in -- you put in your report what will help refresh your memory when it comes time to being up here. McALLISTER: Sure. And to give, you know, fairly -- alert the DA who's going to have to review it, the DA isn't there seeing the witnesses and collecting evidence and evaluating it, to give them a clue what the case is about, right? BROCCHINI: I also do that verbally, but yes. McALLISTER: And you have cases where a long time, even a longer period of time than we have now elapses before you have to come to court, and it helps preserve your memory of these things, is that also accurate? BROCCHINI: Yes. McALLISTER: So I've got some questions from the questions you were asked this morning by Mr. Distaso. When you went to 523 Covena, the information that you had -- I mean the general information or the type of call was, what, a missing person? BROCCHINI: Suspicious missing person. McALLISTER: And you told us it was around 9:30 when you got there, right? BROCCHINI: Yes. McALLISTER: And then you conferred with, what, Officer Evers? BROCCHINI: Sergeant Byron Duerfeldt, Officer Evers, Letsinger and Spurlock. McALLISTER: Okay. And did you do that before you went in the house? BROCCHINI: Yes. McALLISTER: Now, when you went -- so the -- and I'm just asking you about your -- the impression that you got at that point before you entered the house. Did you get the information from them that they'd already been through the house and nothing -- and nothing seemed to be missing, ransacked, turned over, anything like that? BROCCHINI: I got the impression that there was nothing missing, ransacked or turned over. McALLISTER: Okay. Now, when you -- so then what did you -- and you knew that they had been through the house before you had; is that right? BROCCHINI: Yes. McALLISTER: So when you go in the house, who did you go in with? BROCCHINI: Evers walked me through first and pointed out some things that were suspicious to him, and then I went through with Evers and Scott. McALLISTER: Now, were you shown by Evers the bucket and mop by the front pathway? BROCCHINI: Yes, I was. McALLISTER: Now, that would be something that would be right over here, if we're looking at Exhibit Number 79 (indicates). Looks like you've got an X there. Is that where the mop bucket was when you saw it? BROCCHINI: Yes. McALLISTER: So it's right outside the door, and that would be the door to this converted garage we've heard it called? BROCCHINI: Yes. McALLISTER: Is that right? BROCCHINI: Yes. McALLISTER: But that is adjacent to a walkway right up to the front door of the house, right? BROCCHINI: Yes. McALLISTER: So once you go through a gate here up at the -- near the front border of the house, to get to the front door, you have to walk right by that bucket? BROCCHINI: That's right. McALLISTER: And was that where you saw the bucket? BROCCHINI: Yes. McALLISTER: Is that something that Evers pointed out to you? BROCCHINI: Yes. McALLISTER: And so once inside, did you -- when you went through those two -- was it two times only that you went through the house? BROCCHINI: On the 24th? McALLISTER: Yeah. First with Evers, and then with Scott and Evers, or was it more times? BROCCHINI: Just those two times. McALLISTER: Okay. And how long -- let's say, how long, roughly, were you inside the house the first time with simply Officer Evers? BROCCHINI: About ten minutes. McALLISTER: And then roughly how long were you in there with Mr. Peterson? BROCCHINI: About 45 minutes. McALLISTER: And when you concluded that approximately 45-minute period with that, had you had sufficient time to go through the house as far as your purposes were at that time with Mr. Peterson? BROCCHINI: Yeah. The 45 minutes too might have been counting the time in the car also, but -- McALLISTER: Okay. BROCCHINI: Yeah. McALLISTER: But, I mean, I guess what I'm asking you is nobody hurried you out of there either to go to another scene or Mr. Peterson trying to hurry you out of there, anything like that; is that correct? BROCCHINI: That's correct. McALLISTER: Okay. So in the time that you were in there, whether it was 45 minutes or a little bit less, was the mop bucket, mop and bucket, rather, was that one of the first things that you had seen? BROCCHINI: Yeah. McALLISTER: So you were on the lookout for any signs inside of any floors having been recently scrubbed down? BROCCHINI: I looked. McALLISTER: Okay. Did you see any sign of any moisture on any floor inside the house either of those two times that you were there on December 24th? BROCCHINI: No. McALLISTER: And you were looking? BROCCHINI: I was looking. McALLISTER: Okay. How about the smell? I asked Officer Evers this, but let me ask you it also. Did you smell any kind of agents, cleaning agents in the air inside, bleach, ammonia, a pungent odor, chlorine, another pretty pungent odor? Mr. Clean I offered before. I don't know if you could smell Mr. Clean. But could you smell any kind of cleaning agents inside? BROCCHINI: No. McALLISTER: Now, you got there about 9:30. Did you have an idea of what the original time of the reported missing call was? BROCCHINI: I got called at 7:30, and I -- I don't think anybody told me, but I think it was around 5 o'clock or 5:30, from what I remember in my reports McALLISTER: Okay. Well, this -- do you have any idea how many people had been walking through the house on the 24th prior to your getting there? BROCCHINI: After the police arrived or before the police arrived? McALLISTER: Well, let's say after the police arrived, did you have any information on that? BROCCHINI: Yeah. McALLISTER: What? BROCCHINI: Three. McALLISTER: And those would be -- BROCCHINI: Three or four. That would have been the first officers and Scott. McALLISTER: And you have no clue how many people would have been through -- through the house prior to the arrival of the first officer? BROCCHINI: That's right. McALLISTER: Were there -- while you were there, were there civilian people, people in not -- not police officers coming and going and looking and knocking on doors and things like that? BROCCHINI: The street had a lot of family and friends out there, but nobody was allowed into the house. McALLISTER: Well, I didn't ask you about the house, officer. I just asked you if there were a lot of people out there during the time that you were there who were not police officers? BROCCHINI: I answered it. There was a lot of people there. McALLISTER: And were they doing things like searching and calling and trying to find Laci? BROCCHINI: They were going door to door. They were contacting media outlets. A group of them were -- were like -- went to Dittos and were making fliers with her photo on it. McALLISTER: Now, you were asked a question by Mr. Distaso, remember, he asked you several questions about Scott Peterson never withdrawing consent to be in the house, agreeing to take you over to the warehouse, et cetera, et cetera, et cetera? And then there was a point where this morning, I think you told us that Mr. Peterson had -- you had asked his permission, and you'd gotten it, about collecting some evidence. Do you remember that? BROCCHINI: I do. McALLISTER: Now, when did that take place? BROCCHINI: After we finished the walk-through, after we finished the search of the truck, and right before we left to go to Trade Corp., I asked him if it would be all right if our ID officer came over, went in the house, photographed it and collected any evidence that he found. And I also told Derrick Letsinger, Officer Letsinger to -- Scott said I -- he could, he consented, so I told Letsinger to wait at the house, don't let anybody go in, when Lovell gets there, tell him what I -- give him my instructions. McALLISTER: Okay. Well, can I show you page 7 of 12 of I believe it's your initial report. The first full paragraph under search, does that reflect your conversations with Mr. Lovell and Scott Peterson? BROCCHINI: That's what I said. McALLISTER: Is there something there that addresses the question of taking anything from his house? BROCCHINI: Look for evidence. McALLISTER: Look for evidence, but not collect evidence. BROCCHINI: Well -- McALLISTER: Right? BROCCHINI: Yeah. McALLISTER: He had no objection to -- and this would be in his absence, right? BROCCHINI: That's right. McALLISTER: Because you were gonna go over to the warehouse with Scott, right? BROCCHINI: Yes. McALLISTER: There's nothing in your report to reflect any consent to take anything by Mr. Lovell; is that right? BROCCHINI: Nothing in my report. McALLISTER: Uh-huh. Was there a receipt given for that mop and bucket? BROCCHINI: No. McALLISTER: And you told Lovell specifically to take the mop and bucket? BROCCHINI: I did. McALLISTER: And where was Mr. Peterson when that happened? BROCCHINI: Standing in the driveway. McALLISTER: Okay. And where were you and Lovell at that point? BROCCHINI: Well, I never told Lovell, because he wasn't there when I was there. I told Letsinger to tell Lovell to take the bucket. McALLISTER: Ah. And where were you and Letsinger then? BROCCHINI: Close by, but I was talking to Letsinger, not to Scott. McALLISTER: Right. It was out of earshot for him? BROCCHINI: That's right. McALLISTER: Now, was there a reason you didn't want Scott Peterson to hear that you wanted that bucket seized and seized right then? BROCCHINI: I didn't want him to hear. I didn't want him -- I didn't want him to know I was taking it yet. McALLISTER: Okay. He agreed to you -- to your going through the house, right? BROCCHINI: That's right. McALLISTER: He agreed to -- for Lovell to come and take pictures, et cetera, in his absence -- BROCCHINI: That's right. McALLISTER: -- right? He hadn't done anything to indicate any withdrawal of consent, was Mr. Distaso's phrase, to anything the police officers wanted to do at that point, right? BROCCHINI: That's right. McALLISTER: But you wanted to be surreptitious about this and in his absence get that bucket, right? BROCCHINI: Not just the bucket, but, yes. McALLISTER: Okay. What else did you instruct Letsinger to tell Lovell? BROCCHINI: To take the towels that were on the washing machine and to look for any other -- I wanted him to use a alternate light source to look for any type of blood or anything and collect it if he found any. McALLISTER: Okay. So these are all things you're telling Letsinger out of earshot of Mr. Peterson, and that is triggered by your original suspicion about the bucket by the walkway going to the front door? BROCCHINI: No. McALLISTER: No? When you went through the house with Mr. Peterson, do you remember how you did it, what -- where you started, what rooms you went through? BROCCHINI: Yes. McALLISTER: Okay. Could you just -- you don't have to get up, but can you just, you know, look at that board, or not look at the board if you don't need to, and tell us what route you took through the house? BROCCHINI: Came in the -- the front door, which leads into the dining room, went to the right, and I went into that little kitchen area, and I went out the French doors and introduced myself to McKenzie, the dog. We came in -- I came in, I went into the dining room area where the -- I mean the sitting room area where the TV was and the washroom. I went over to the washroom area, and I looked in the washing machine and removed the damp clothes that had been through the spin cycle. Then we went down the hallway and went into the master bedroom, went into the spare bedroom, looked -- went into the nursery, went back to the little sitting room where I looked at his phone, and I documented all the numbers, the outgoing, incoming numbers. Then I went outside. That's the best I can -- McALLISTER: Okay. BROCCHINI: That's the best I can recollect. McALLISTER: That's fine. Let me take a look at some pictures here. Like the other officers' information before you went in there, what you saw was you didn't -- let me strike that. You did not see any evidence of overturned furniture, things in disarray, that kind of a scene when you went through the house; is that correct? BROCCHINI: That's correct. McALLISTER: Let me show you a picture of this purse. Showing you -- it's Exhibit Number 75. Sorry. And do you recall seeing that in the house? BROCCHINI: I do. McALLISTER: Now, did somebody point that out to you as Laci's purse? BROCCHINI: Yes. McALLISTER: And who pointed it out to you? BROCCHINI: Evers. McALLISTER: Now, this is certainly a -- at this point, it's a suspicious missing persons case; is that correct? BROCCHINI: Yeah. McALLISTER: That's what you -- BROCCHINI: That's what it is. McALLISTER: Is that the category you would put it in or that you were told that it was in? BROCCHINI: I was suspicious. McALLISTER: Okay. And while you haven't seen anything to show that there was some kind of altercation in the home -- let me first ask, you didn't see any evidence of some forceful altercation in the home, such as overturned furniture, that kind of thing, right? BROCCHINI: No, I didn't. McALLISTER: You were still interested in what valuables would -- of Laci Peterson's would have been present; is that an accurate statement? BROCCHINI: I don't think valuables is the accurate statement. McALLISTER: Well, maybe not -- BROCCHINI: Personal property? Yeah, I was interested to see if her personal property was there. McALLISTER: I mean, important papers, like the stuff we don't leave home for long without, such as driver's licenses, keys, that kind of stuff; is that accurate? BROCCHINI: Purse, yeah, that's accurate. McALLISTER: And for a woman, a purse is the usual receptacle for those things, right? BROCCHINI: Yes. McALLISTER: So when you first saw the purse and it was pointed out to you, one of you then took the purse off of the hook and looked in it, right? BROCCHINI: No. I mean, it was already done. When I first saw -- you're asking did we take it off the hook? No. McALLISTER: Did anybody look in the purse while it was still on the hook while you were present? BROCCHINI: I did. McALLISTER: Okay. So it's left on the hook, and then what do you physically do with the purse? BROCCHINI: No, I -- I took it off the hook, but not when it was me and Evers. I didn't take it off the hook then. McALLISTER: Okay. BROCCHINI: Evers told me the stuff was in there. I took it off the hook when Scott was with me, and I flopped it open. McALLISTER: What did Evers tell you was in there? BROCCHINI: Her wallet -- her -- her -- her wallet, her keys. That's all I remember. McALLISTER: Okay. Now, I mean, you knew that others had been in -- inside the wallet -- strike that. You knew that others had been inside the purse before you arrived on the scene? BROCCHINI: That's right. Well, no -- yeah, before I got there, yeah, I knew. McALLISTER: Right. BROCCHINI: I was told. McALLISTER: Because Scott -- I mean, Officer Evers is not blessed with ESP, right? BROCCHINI: Right. McALLISTER: I mean, you knew that when he and the other officer are talking, that they had actually gone into the purse to see what's in there, right? BROCCHINI: He told me that the wallet and keys were in there, so I assumed he went in the purse. McALLISTER: Right. Okay. And this isn't like one of those kid's purses that's see-through plastic, is it? BROCCHINI: No, it isn't. McALLISTER: I mean, this is some sort of a fabric bag? BROCCHINI: It's some kind of a plasticky-looking leather or something. McALLISTER: Okay. Looks like it's got some kind of a pattern or something on it, but do you remember the texture of the outside of the thing? BROCCHINI: Plasticky leather kind of thing. McALLISTER: Okay. And so then -- so first time you're through there, you get this information from the officers, and then you don't do anything with it, or you don't touch the purse, and then when you go through there with Scott Peterson, that's when you take a closer look yourself and go inside the purse; is that correct? BROCCHINI: I didn't go in it, but, yeah, I did, I took it off the hook. He told me there was a Louis Vuitton wallet in there. And, I mean, I don't know what that is, but I wanted to -- okay. So I looked, and there was a wallet in there. I closed it, and I hung it back up. So I know there was a wallet in there. McALLISTER: But there's more -- there's more than a wallet there -- BROCCHINI: Oh, there was contents in there. McALLISTER: Okay. And in your thoroughness, you laid out in your report what those contents were, right? BROCCHINI: Oh, I laid out what I was told was in there, Mr. McAllister. McALLISTER: Now, I'm referring to page 3 of 12 from that same report. BROCCHINI: That's right. McALLISTER: Right? BROCCHINI: That's right. McALLISTER: That -- in that report you say the following: "This purse contained Laci's car keys, wallet, sunglasses, and other items of personal property," right? BROCCHINI: That's correct. McALLISTER: Did you have Scott Peterson now -- and he's right there standing there with you, right? Did you have him take a look at these items to see, for instance, if credit cards were there or if they were missing? BROCCHINI: No. McALLISTER: Did you have him look through the purse himself to see if in fact everything was there? BROCCHINI: No. McALLISTER: You weren't interested in totally inventorying the purse of this missing woman at that point? BROCCHINI: No, the Louis Vuitton wallet was there, and that was -- he told me about four or five times, "If the wallet's there, she's not gone" -- I mean, "her stuff is there." McALLISTER: Well, whoever Louis Vuitton is -- I share your ignorance in Louis Vuitton, sir. BROCCHINI: Thank you. McALLISTER: So don't feel bad about that one. BROCCHINI: Okay. McALLISTER: But you didn't look in there -- this is at a point where -- I mean, your suspicions here about Scott Peterson had already started forming when you saw the mop bucket as you walked up to the front door, right? BROCCHINI: A lot more than just the mop bucket, but my suspicions were -- but I believe Officer Evers, he said the keys were there, the wallet was there, the sunglasses were there. I didn't need to look too. I looked to see what a Louis Vuitton wallet looked like, and then I hung it back up, but I believed Officer Evers when he said everything was there. McALLISTER: And you must have believed, then, Scott Peterson, according to your testimony, then, because if he said the Louis Vuitton wallet was there, then everything was there? BROCCHINI: That was -- made it very suspicious. I don't think Laci would have left home without it. McALLISTER: Right. But you were content with taking Scott Peterson's word for that one, that if this wallet was there, then all of the contents, therefore, would all be inside the wallet? BROCCHINI: I was – DISTASO: Objection. Relevance. JUDGE: Sustained. McALLISTER: There's no -- you had not -- when you put the thing back, let me ask you this, did you put it back in the exact same way that it was facing when you pulled it off the hook? BROCCHINI: I don't remember. McALLISTER: Do you remember if it had a fold-over thing over the top or -- as you look at this picture now, does that look like the back or the front of it, if you know? BROCCHINI: That looks like the back to me. McALLISTER: Oh. BROCCHINI: I can't remember. McALLISTER: There was no -- nobody told you there was some weapon in this thing? BROCCHINI: Nobody -- McALLISTER: The first officer didn't say, "Look out, you know, there's a handgun or something in there"? BROCCHINI: No. McALLISTER: So you had no reason of officer safety to worry about handing the wallet to Mr. Peterson to take a closer look, right? BROCCHINI: No, I didn't. McALLISTER: And at that point, the purse had been handled by at least the other -- the first team of officers and then by you, so you were not at that point worried about things like fingerprints, correct? BROCCHINI: I don't know who handled it besides me. I wasn't there. But I wasn't worried about fingerprints -- McALLISTER: Okay. BROCCHINI: -- on that purse. McALLISTER: And, in fact, you never -- you never gave officer -- or Mr. Lovell, whatever his title is, instructions to seize the wallet or fingerprint it or anything like that? BROCCHINI: No, I didn't. McALLISTER: Is that correct? BROCCHINI: That's correct. McALLISTER: Now, you said that you went out and introduced yourself to McKenzie, the dog; is that correct? BROCCHINI: Yes. McALLISTER: And the dog didn't -- didn't try to bite your hand off or leg or anything like that, right? BROCCHINI: That's right. McALLISTER: Now, when you were leaving, or about to leave -- you actually went through this truck -- the pickup truck, I think you said, is a F-150 Ford? BROCCHINI: Pretty sure that's what it was. McALLISTER: And that included climbing up in the bed of the pickup? BROCCHINI: I stood on the back wheel on the outside, and I looked. The tire. So my feet were on the tire, and I lifted the green toolbox lid, and I looked in it, and I kind of moved stuff around in the truck and looked in it. I didn't do a real thorough search, but I looked around in it. But I didn't have to get in it to do that. McALLISTER: In other words, you didn't stand in the bed of the pickup to do that? BROCCHINI: No. McALLISTER: And what you saw were some umbrellas, patio-type BROCCHINI: Yes. McALLISTER: And those were in the bed of the pickup, right? BROCCHINI: Yes. McALLISTER: And the tan tarp, which you then later found maybe that was the tarp, a cover for the boat? BROCCHINI: That's right. McALLISTER: Where exactly in the bed of the pickup was that? BROCCHINI: It was bunched up against the green toolbox. McALLISTER: Towards the forward end of the pickup bed? BROCCHINI: Yes. McALLISTER: And that was, what, some covering that came with the boat? BROCCHINI: Yes. McALLISTER: And did you later confirm that with the previous owner that that had come with the boat? BROCCHINI: Yes. McALLISTER: And then the umbrellas were down towards the back end of the pickup bed? BROCCHINI: Yes. McALLISTER: And this box that you've been talking about, is like a toolbox that's anchored toward the front end of the pickup bed? BROCCHINI: Yes. McALLISTER: And that had some shotgun shells in it, right? BROCCHINI: Yes. McALLISTER: And what else was in that portion of it? BROCCHINI: There was some -- it's red and black nylon rope, it looked like it was wound, so maybe it was about 50 or 100 feet, maybe 50 feet. There was some clothing in there and some loose shotgun shells in the back rolling around -- McALLISTER: Uh-huh. BROCCHINI: -- of the box. McALLISTER: And then in the interior, you searched the interior of the truck? BROCCHINI: Yes. McALLISTER: And what did you find in the interior? BROCCHINI: Well, I saw the Big 5 bag with the fishing lures and the receipt indicating he bought them on the 20th with a two-day fishing license, I found the camouflage jacket that he said he wore when he was fishing, there was some other clothing in a bag in the back from some different stores from a mall, and there was a gun in the glove box. I mean, there was other things, but I don't recall. McALLISTER: Now, at a later point, you came in with a -- you were there when a search warrant was served I believe on the warehouse? BROCCHINI: I was -- I was involved in that search warrant, yeah. McALLISTER: Okay. And were you there? BROCCHINI: I showed up there. I wasn't there when they opened the doors and -- McALLISTER: Okay. At some point you were there? BROCCHINI: Right. McALLISTER: And at that point, some of the things which had been in the pickup were found in some shelving somewhere in the warehouse, right? BROCCHINI: Some things were on the shelving, some things were in the boat. McALLISTER: All right. And the things which were in the boat, now, were what, which had been in the truck? BROCCHINI: The jacket, the camouflage jacket, the fishing lures, the shotgun shells and the rope. And maybe clothes, but I can't say for sure. McALLISTER: Okay. And what about the Big 5 receipts or fishing license? BROCCHINI: It was found in the office are BROCCHINI: I thought it was found in the garbage can in the office area, but later on I was told it was on a shelf in there. McALLISTER: But what -- I couldn't hear the last part of your question (sic). BROCCHINI: I was told it was found on the shelf in the office area, the receipt in the bag. McALLISTER: Okay. So of the stuff that you saw on the 24th in the pickup truck, nothing had been thrown away, correct? BROCCHINI: Yeah, the stuff that I remembered and I noted I saw again later. McALLISTER: Yeah. It was a different place, but it hadn't been -- it hadn't been thrown away? BROCCHINI: Right. McALLISTER: Is that right? BROCCHINI: That's right. McALLISTER: Then you told us about this -- in the -- there was a Llama .22 caliber I think in the -- was in the glove box? BROCCHINI: Yes. McALLISTER: And you yourself found that? BROCCHINI: Well, I knew it was in there because he told me before I searched the truck, but -- McALLISTER: Okay. BROCCHINI: But I'm the one that took it. McALLISTER: Okay. And this was -- it looked like an older kind of a pistol? BROCCHINI: Yes. McALLISTER: The grips were off of it so you could actually see the cartridges through the handle? BROCCHINI: Yes. McALLISTER: I mean, so the handle, whatever grips that had originally come with this had been knocked off sometime previously? BROCCHINI: Yes. McALLISTER: And was it where Mr. Peterson told you it was? BROCCHINI: Yes. McALLISTER: And so the first thing -- well, when you found it there, was there any .22 caliber ammunition separate from that which was in the pistol? BROCCHINI: No. McALLISTER: Did you smell the pistol? BROCCHINI: No, I -- I don't think so. I might have. I don't recall. No. I don't think so. McALLISTER: Well, what Mr. Peterson -- one of the things he told you about the pistol was that he had fired it last a month or so before, right? BROCCHINI: No, he said he tried to fire it, but it dry fired. So he racked it manually, tried it again, and it misfired again. So he put it in his glove box and forgot about it for a month, so he -- McALLISTER: Well, then he said he hadn't -- he certainly hadn't shot it in the month? BROCCHINI: That's what he said. McALLISTER: Does that refresh your recollection that you wanted to smell it and see if it had been recently fired? BROCCHINI: I don't remember if I smelled it or not. But he told me that after I recovered it, so -- McALLISTER: Okay. But in terms of all the work that you've done in the area of robbery/homicide, isn't that a very common thing that a detective working those kind of cases does, simply sniff the gun to see if it has that residual smell of having been fired recently? You've done it, haven't you, in the past? BROCCHINI: I've smelled my own gun without having to sniff it, and I know what it smells like. But I also know that if I got up here and said it was recently fired because I smelled it, you'd be raking me over the coals. And I didn't smell it. McALLISTER: Well, nobody's here to rake you over the coals, detective. I'm just asking you -- there's a lack of information about you smelling this gun in your report. So my question to you, sir, is: Did you smell it or not? And I guess your answer is no. BROCCHINI: I was breathing in the truck when I recovered it, and so I didn't put it to my nose, that I remember, and sniff it. But if there with a strong odor, I might have smelled it, and I don't recall smelling it. McALLISTER: Okay. But you were in the enclosure of the pickup truck when you recovered it, right? BROCCHINI: The door was open, but, yeah, I was in the enclosure of the pickup truck. McALLISTER: Now, and it was because of your having found the pistol that you were interested in doing the GSR test, right? BROCCHINI: Yes. McALLISTER: And GSR is gunshot residue test, right? BROCCHINI: Yes. McALLISTER: And Mr. Peterson presented his hand or hands for you to make those kind of swabs, whatever you do to do a GSR test, right? BROCCHINI: Yes. McALLISTER: And so you did that test? BROCCHINI: I did. McALLISTER: And so you collected some kind of swabs? BROCCHINI: Yes. McALLISTER: And what did you do with those after that? BROCCHINI: I booked them into evidence. McALLISTER: Was anything ever done with them? BROCCHINI: No. McALLISTER: So they were never tested? BROCCHINI: Not to my knowledge, unless they're done and I didn't know about it. McALLISTER: Well, I mean, you've kept abreast of -- you had very frequent meetings with the other officers working on this case, right, Officer Grogan, Officer Buehler working different areas of the case? BROCCHINI: I did. McALLISTER: And with representatives of the DA's Office periodically, right? BROCCHINI: Yes. McALLISTER: And those are always -- at least included the two gentlemen here, Mr. Distaso and Mr. Harris, right? BROCCHINI: Yes. McALLISTER: They were working on the case from January or so on anyway, right? Weren't they? BROCCHINI: I don't recall when they came on for sure. McALLISTER: Pretty early on, though? BROCCHINI: I don't think it was January. McALLISTER: Okay. BROCCHINI: Could have been -- Rick Distaso might have been there in January. McALLISTER: Now, but in all that, you'd never seen that any information that anybody's ever conducted the GSR -- or had it -- whatever you do with the GSR test to test it; is that right? BROCCHINI: That's right. McALLISTER: When you looked at the cell phone, Laci Peterson's cell phone, you were telling us something about the battery wasn't charging? BROCCHINI: I said the battery wasn't charged. McALLISTER: Charged? Okay. So was there -- it was hooked up to the, what, the cigarette lighter in the car? BROCCHINI: Yes. McALLISTER: And so did you turn the car on? BROCCHINI: No. McALLISTER: Are you telling us it wasn't working at all? BROCCHINI: What? McALLISTER: The cell phone. BROCCHINI: No, when I -- when I pushed the power button, it would power on and then immediately shut down, low battery. McALLISTER: Okay. BROCCHINI: And the lighter did not work unless the key was on. And I didn't ask Scott for a key to turn the light -- to turn the ignition. So it wouldn't stay on long enough for me even to have reviewed anything on it. McALLISTER: Okay. But my question, sir, is when you -- you're not telling us that the cell phone was inoperable? BROCCHINI: No, I'm not. McALLISTER: Okay. BROCCHINI: I don't think it was. McALLISTER: What it appeared to you was that the battery was, for whatever reason, not sufficient to keep it charged separate and apart from another electrical source, like the battery of the car, right? BROCCHINI: Right. McALLISTER: Do you know if Laci Peterson commonly kept a cell phone in the car? BROCCHINI: No. McALLISTER: Does that mean that you are unfamiliar with whether or not she simply left the cell phone in the car and used it in the car? BROCCHINI: Are you asking me what I know today or what I knew at that -- McALLISTER: What you knew at that time. BROCCHINI: I didn't know. I just -- all I knew at that time was Scott said he tried to call it, and it was in the car, and I wasn't sure if she carried it or kept it in the car. McALLISTER: Now, then, when you're about ready to leave, that's when the keys, your keys somehow had gone somewhere. Where had your keys gone? BROCCHINI: I left my keys in the bed of his truck. McALLISTER: Now, you yourself had not climbed into the bed of the truck as I have this; is that right? BROCCHINI: That's right. McALLISTER: So had you tossed the keys into the bed of the truck? BROCCHINI: No. I can reach into the bed of the truck, and they were sitting right there. McALLISTER: And sitting right where? BROCCHINI: On the hump of the -- or on the -- if you just reach in or look in right inside right where the brown tarp was. I thought maybe I left them in the truck. McALLISTER: Okay. BROCCHINI: But I found them in the bed of the truck when I looked. McALLISTER: Do you have a recollection of setting them in the bed of the truck? BROCCHINI: Yeah, I do. Now. McALLISTER: After you found them? BROCCHINI: After I found them. McALLISTER: And why did you set them in the truck? BROCCHINI: They were in my hand for some reason. I think I went to get my flashlight, but I can't remember. But they were in my hand, and I set them there to move some stuff around. Then I went from the back of the truck to the inside of the truck, and I was writing some notes regarding the receipt and the bag and what I was seeing in the truck. And then I took that gun and I put it in my pocket, then I locked the car up and I was -- when I got over to my car to leave, I couldn't find my keys. And so I just walked back to the truck and found them. McALLISTER: So you were standing on the tire of the truck, leaning over into the bed and writing notes to yourself? BROCCHINI: No. I stood on the tire of the truck just to look inside that big green toolbox. McALLISTER: Uh-huh. BROCCHINI: I wrote the notes when I was inside the truck, and I was copying things from the receipt on to my notepad. I was copying the serial number of the gun on my notepad. I must have set those keys in there when whatever -- for whatever reason. I don't know what I did. McALLISTER: So did you get back on the tire, did you stand on the tire, look in the bed, and, "Aha, there are my keys"? BROCCHINI: No. I just looked, and there they were, and I was relieved. McALLISTER: And they are under -- in a wheel well for a, what, a spare tire in the bed of the truck? BROCCHINI: No, a wheel well -- it's a Fleetside type of truck. I mean, they've got little humps. I'm sure you've seen them. McALLISTER: Yeah. BROCCHINI: You have a truck. McALLISTER: Yeah. BROCCHINI: I think you have -- I've seen your truck. Just like your truck. McALLISTER: Yeah. You been following me? BROCCHINI: No comment. But they were right there. McALLISTER: So that is in the interior of the truck, but a rounded portion which would be the wheel well or the top or -- the top -- the outside portion of the wheel well inside the bed of the truck, is that -- BROCCHINI: It was either on that or on something just as high as that. But they were right there when I saw them, and I picked them up. McALLISTER: And you see them there, and they're in plane view and, "Oh, yeah, that's where I put them"? BROCCHINI: Yeah. McALLISTER: Okay. Now, let's refer to your report about this same thing. And I'm referring to that same collection of 12 pages, page 7. And I'm -- the title of this paragraph, you might guess, is, "Keys." BROCCHINI: I see it. McALLISTER: Okay. You got it? Now, the paragraph that follows the title, "Keys" -- that would be your keys, not Scott's keys, right? BROCCHINI: That's right. McALLISTER: Okay. That seems to say, "Scott unlocked the truck, and I was able to find my keys. The keys were under the tarp in the bed of the truck." Now, does that refresh your recollection yet again? BROCCHINI: Yeah. It -- no, they were still on the hump, and they were -- I could see them, but there's a tarp, and it's all bunched up in the back. And, yeah, that refreshes I wrote that, but it's the same answer. McALLISTER: Okay. So now they're under a tarp, but you could see them just as completely exposed to your view like you told us before? BROCCHINI: That's right. McALLISTER: And obviously Mr. -- Scott Peterson was at least marginally involved in this hunt for your keys, because you asked him for the keys to the pickup again, because you thought you might have left them inside his pickup, right? BROCCHINI: I wasn't sure. So when I was walking back, I said, "Scott, would you unlock your truck again so I could look for my keys?" Before I looked back inside the truck, I saw my keys in the back. McALLISTER: Do you remember Scott Peterson giving you an assist by telling you where you had left them? BROCCHINI: I don't remember. He might have, but I don't remember. McALLISTER: Now, at that point, then, you went over to the warehouse; is that correct? BROCCHINI: Yes. McALLISTER: Now, when you did that, you told us about initially going into the office area there, there's actually, what, a partition or a wall separating an office from the bay portion of this little warehouse? BROCCHINI: There's a door, yeah. McALLISTER: What we're looking at here now is Number 87, and this is a diagram of the warehouse. Just dimension-wise, I don't think we heard this before, but to give us an idea, the width of this -- looks like this was Detective House who prepared this? BROCCHINI: Yes. McALLISTER: Looks like it's 23 foot, 7 inches in width? BROCCHINI: Yes. McALLISTER: That's what he wrote. Does that seem roughly about right to you? BROCCHINI: Seems right to me. McALLISTER: Okay. And he's got 70 foot, 3 inches for the length of it. Does that sound about right? BROCCHINI: Sounds about right. McALLISTER: Okay. Now, in terms of areas that you have been talking about, what we called the office area would be this -- he's got north I think on the conventional -- let's call this north. The north -- it would be -- the northeast corner of this would be the off -- what you call the office area; is that right? BROCCHINI: Yes. McALLISTER: And then the rest of this is just an open bay? BROCCHINI: Except for the small bathroom in the southwest corner. McALLISTER: Oh, okay. I didn't know -- then that would be a bathroom, then (indicates)? BROCCHINI: Yeah. McALLISTER: Okay. And that's -- obviously, then, walls separate the bathroom and the office, except for an interior door here and a door there from the Bay Area? BROCCHINI: Yes. McALLISTER: So all this area is open? BROCCHINI: Yes. McALLISTER: And some of this product, was that Scott Peterson's term for his fertilizer stuff? BROCCHINI: No. McALLISTER: Or is that yours? BROCCHINI: That was mine. McALLISTER: Okay. Is that -- is that to indicate fertilizer type of -- BROCCHINI: At the time, I didn't know exactly what it was. It was liquid, and it was his product, and I know he was a fertilizer salesman, but I don't know if it was all fertilizer. McALLISTER: Okay. What about -- there are a lot of squares and rectangles here, and you indicated that also was product. What -- when you looked in there, what did you see? Are these big boxes or crates or bales, or what did it look like? BROCCHINI: It looked like a pallet that would have bladders, something like a big wine bladder, maybe a five-gallon thing, stacked about four feet or five feet high, wrapped in shrink-wrap cellophane, and then on top of it would be another one. And some of them might have been buckets too, but I can't remember, because I didn't look at them all. But it was just double-stacked, shrink-wrapped stuff. McALLISTER: Okay. And so you didn't count how many of these there were or anything like that, right? BROCCHINI: No, I didn't. McALLISTER: But is this accurate in showing us a big clutter of these things -- BROCCHINI: Yes. McALLISTER: -- throughout? Was it a pretty cluttered place? BROCCHINI: Yes. McALLISTER: And these seemed to be -- I don't know what the scale would be, but they seem to be pretty close to each other in a lot of instances. Is that accurate, that they were -- BROCCHINI: Yes. McALLISTER: Now, in that office area, when you first went in there, you did see a computer and -- well, did you see a computer? BROCCHINI: Yes. McALLISTER: Where was it that you saw the computer? BROCCHINI: It was on the desk. McALLISTER: Can you -- can you show us in that -- where would that be in the sketch that we have that Detective House prepared? BROCCHINI: Somewhere around 102 or 107. I don't know what those items are, but those numbers there. McALLISTER: Those who don't have eagle eyes, that would be 107 right there? BROCCHINI: It was just on the desk. McALLISTER: This is a desk there? BROCCHINI: Where all those little circles are. It was on that desk. McALLISTER: Okay. Somewhere on this desk that I'm pointing to (indicates)? BROCCHINI: Yeah. McALLISTER: It would be on the wall opposite from the front door? BROCCHINI: Yes. McALLISTER: Okay. And then there was also a fax machine? BROCCHINI: Yes. McALLISTER: Do you remember where that was? BROCCHINI: It was on the floor against the north wall. McALLISTER: So that would be this wall -- that would be the wall that would be to your right as you walk in? BROCCHINI: Yeah. McALLISTER: And it was there that you noticed a fax from that very day; is that correct? BROCCHINI: I can't remember if it was in the machine or on the desk, but I saw a fax dated 12-24. McALLISTER: Okay. So that might have not even have been in the machine, it might have been something you noticed on the desk when you were looking around the office? BROCCHINI: It was right on top. If I look at my report, I might be able to tell you for sure. But what I remember right now is I saw that fax as soon as I walked in, and I asked him about it. McALLISTER: Okay. Why don't you take a look and see if there's any assistance you find in that report. BROCCHINI: It was on top of the desk, the fax. McALLISTER: That would be the same desk we were talking about opposite from the front door? BROCCHINI: Yes. McALLISTER: So when you -- who went in first? BROCCHINI: Scott. McALLISTER: And then you followed him in, then? BROCCHINI: Yes. McALLISTER: And then Officer Evers followed you in? BROCCHINI: I think Evers just stayed by the door. I don't even know if he stepped in, but he was right there. He might have stepped in too, but -- McALLISTER: Now, when -- was Evers doing anything that you noticed? BROCCHINI: No. McALLISTER: When you got over there -- I mean, you told -- the reason you were there was you told Scott that you wanted to take a look around his warehouse, right? BROCCHINI: No. I said I wanted to look at his boat. McALLISTER: Oh, okay. Well, you knew it was in his warehouse. And was he in the office as you looked around the desk area there? BROCCHINI: He was in the office when I saw the fax and picked it up. I didn't really look around -- I mean, he was there, yeah, when I was looking around, yeah, he was in the office when I was looking around. McALLISTER: Well, what you've told us is that the lights for some reason didn't get turned on? BROCCHINI: No. I told you he said there was no electricity. McALLISTER: Okay. Well, so you have a flashlight with you and you're training it around the room when you -- BROCCHINI: Pretty bright light, but I was training it on the desk, but it lights up the room, yeah. McALLISTER: Okay. And did you see, you know, any lights on that computer indicating that it was on? BROCCHINI: No. McALLISTER: At that point, you'd already learned that Scott had been on the computer that day. He told you that, right? BROCCHINI: He told me he sent an e-mail that day, yeah. McALLISTER: Okay. From the warehouse? BROCCHINI: Yeah. McALLISTER: So you knew that there was a computer working there at the warehouse, right? BROCCHINI: I knew there was a computer or fax in that warehouse -- McALLISTER: Okay. BROCCHINI: -- that worked. McALLISTER: And more than that, then once you're inside that room, you know the fax is working, because you happen to see a fax that had been received that very same day? BROCCHINI: That's right. McALLISTER: Did you -- and while you were in the office, did you pick it up and look at it with your flashlight? BROCCHINI: The fax? McALLISTER: Yeah. BROCCHINI: Yeah, I -- I remember picking it up. McALLISTER: Okay. And so -- and you've got your flashlight trained on it, right? BROCCHINI: Yeah. McALLISTER: And then do you have some discussion with Scott about the time on it that was reflected on the fax? BROCCHINI: Yeah. McALLISTER: And what was that discussion? BROCCHINI: I was just asking him about the time that I saw on the fax. I think it was 1428, which is like 2:30. And it was on the desk, and I was saying, "How could you be in, you know, Berkeley at 1 o'clock and have this fax on your desk at 2:30," something -- something similar to that. McALLISTER: Okay. And then you got into a discussion about whether it was Eastern time or Pacific time? BROCCHINI: No, we didn't get into a discussion. He just told me it was New Jersey time, three hours different. McALLISTER: Oh, okay. And the bottom line was he couldn't remember when he had seen the fax that day? BROCCHINI: Yeah, he couldn't remember if it was before he left to go fishing or when he got back. McALLISTER: Okay. BROCCHINI: But he remembered seeing it and reading it. McALLISTER: Okay. So then how long are you then in the office while you're having this or any other discussion? BROCCHINI: A minute or two. McALLISTER: Did you ever ask him a question there while you were there in the office or at the warehouse, "Gee, how do you have no electricity, but then you seem to have faxes and computers that work"? BROCCHINI: No. McALLISTER: Didn't ask him that? BROCCHINI: No. McALLISTER: So then where did Scott next go in the warehouse? BROCCHINI: He -- I asked him if he'd roll up the door so I could put my headlights into the warehouse so I could see at least. McALLISTER: Okay. Well, did you -- from the office, did you poke your head out that door at least and see where the boat was? BROCCHINI: Yes. McALLISTER: Did you get some feel for the fact there was a boat there? BROCCHINI: Yes. McALLISTER: And then you asked him to pull up the rollup door? BROCCHINI: No. I think I asked him first, and he went in there, and I kind of followed him and shined my light so he -- it was very cluttered, and there was a trailer right by the door, and I think I even lit the way for him. And then when he got to the door and started opening it, I went out around the office and got in my car and rearranged it so my headlights were facing right into the shop. McALLISTER: Okay. And all this, he's cooperating with you, he's opening the door for you, right? BROCCHINI: Yes. McALLISTER: Explaining the fax that you show him, he's talking about that, right? BROCCHINI: Told me about it, yes. McALLISTER: And he's not -- at no point while you're at the warehouse is he trying to kick you out or prevent you from doing anything you want to do there, right? BROCCHINI: Other than see. But, yeah. McALLISTER: And the thought never came to mind to find a light switch and flip it on? BROCCHINI: I believed him. And I believed that the light -- the warehouse didn't have lights. McALLISTER: Oh, okay. I'll ask my miner's hat question -- or I would, but I know Mr. Distaso would object to it. JUDGE: Just ask questions, Mr. McAllister. MR. MCALLISTER: Thank you, Your Honor. McALLISTER: Now, when you saw the boat there -- then what did you do -- okay, you've got your car repositioned, and now you -- it's -- the lights from the headlights are trained on the interior then of the warehouse? BROCCHINI: Yes. McALLISTER: And then what did you do? BROCCHINI: I got my camera out, and I -- I looked around first, and then I got my camera out and took some pictures. McALLISTER: Okay. Look around where? BROCCHINI: The boat. I looked into it. McALLISTER: And was this approximately where this boat was in this schematic that Detective House did? BROCCHINI: Yes. McALLISTER: And did you -- did you walk all the way around it? BROCCHINI: No. McALLISTER: Where did you go? BROCCHINI: I think I stood on the trailer, because you really couldn't stand between the trailer and the boat. I stood on that trailer, the flatbed trailer, and I took some pictures of the boat. I took some pictures from standing outside in. That was about it. McALLISTER: Okay. Could I ask you to step up to the board, Detective Brocchini, and maybe make a mark or two, or however many, to show which area you were standing at when you took any of these pictures? BROCCHINI: It was – JUDGE: It's Number 87, right? BROCCHINI: It's Number 87, Your Honor. I'll put a one and a circle. I know I was standing -- like right here would be one photo (indicates). McALLISTER: Okay. BROCCHINI: I put a two in a circle. Maybe right here and a circle (indicates). I know I took one from out here (indicates) -- McALLISTER: That would be three with a circle? BROCCHINI: Three and a circle. And I took some more, I might have took one or two, maybe -- I don't know exactly where. I just remember I was on that trailer, and I was taking pictures of the boat. I'm going to put four, because I think I took another one of another area of the front, more front of the boat. McALLISTER: Okay. So what you've got there, one, two, three and four, those would be the areas where you were standing when you took the various pictures that you took? BROCCHINI: That's what I recall. McALLISTER: And so the pictures -- the pictures, other than the one from the foot of the boat, the closeup pictures were taken from the vantage point of standing on the trailer adjacent to the boat itself; is that right? BROCCHINI: That's what I remember. McALLISTER: Okay. (Recess: 2:35 p.m.) (Reconvene: 2:52 p.m.) McALLISTER: I'm going to get back to the warehouse in a second, Detective Brocchini, but I want to clarify something. We had talked about the Llama .25 caliber pistol, and you had testified this morning, I believe, that you got a call at 2:00 AM from Scott Peterson asking where the gun was. BROCCHINI: He asked me if I took it. McALLISTER: Okay. So my question then is, did you take the gun, the pistol surreptitiously without Mr. Peterson knowing it? BROCCHINI: Yeah. McALLISTER: Okay. How did you do that? Where was he? You know, how'd that work? BROCCHINI: Well, he was standing outside the truck nearby, and I was searching it, and when I got to the gun, I found it. I wrote the serial number down. I put it in my pocket. McALLISTER: Okay. And then you were carrying it around over to the warehouse? BROCCHINI: Yeah, I had it in my pocket over at the warehouse. McALLISTER: And whatever he had told you about some alleged misfire, that didn't worry you about maybe it going off in your pocket? BROCCHINI: No. McALLISTER: But all that happened, as far as you knew, without Mr. Peterson knowing about it, until 2:00 o'clock or whenever he discovered it missing? BROCCHINI: That's right. McALLISTER: Is that right? BROCCHINI: Yes. McALLISTER: Now, I think we were in the warehouse and I was asking you about some of these things in the warehouse. I'm going to ask you some -- you're familiar with these photographs, which are 88 to 92. You're familiar with those generally, aren't you? BROCCHINI: I took those. McALLISTER: Okay. And one other one I wanted to ask you about. From the testimony we heard this morning, was this not your camera? BROCCHINI: It was the police department camera, but it wasn't mine. McALLISTER: Okay. And where -- had you gotten it from the other officer there, Officer Evers? BROCCHINI: No. McALLISTER: Where'd you get it? BROCCHINI: I got it from Officer Ridenour, Junior. I called for it when I was at the scene on Covena. He was just a patrolman in the area who had one, and he pulled up, and I took it out of his car, put it in -- McALLISTER: And when you were over at the warehouse? BROCCHINI: No, when I was on Covena. McALLISTER: On Covena, okay. So it was a Junior Ridenour? BROCCHINI: Yes, it was. McALLISTER: So that narrows it down to -- what? -- about a third of the force? BROCCHINI: We've only got a couple, I think. McALLISTER: Okay. But it was a department issue? BROCCHINI: Thirty-five-millimeter camera. McALLISTER: Thirty-five millimeter. It's not a digital camera; right? BROCCHINI: No. McALLISTER: It's a regular film camera? BROCCHINI: Yes. McALLISTER: Okay. Then what did you do with the camera itself after you were through with it over at the warehouse? BROCCHINI: I think I took the roll out of it and turned it back in to patrol. It was their camera. And I had the film developed. McALLISTER: Now, when did you first see that film, sir? BROCCHINI: I saw -- JUDGE: Excuse me. Are you talking about the film or the pictures? BROCCHINI: The developed film or -- McALLISTER: The developed film, yeah. BROCCHINI: I can't remember. It wasn't much later. Maybe two weeks at the most probably after I took them. McALLISTER: From the taking of the pictures? BROCCHINI: Yeah. McALLISTER: And in what form do you remember seeing it? Was it a contact sheet with a lot of the same pictures on the same sheet or were they individual, discrete photographs? BROCCHINI: Individual, discrete photographs. McALLISTER: And do you know who the -- the photographs that which the police department takes, where they process those? Do they do that in-house? BROCCHINI: No. I know they use the Camera Center, and I don't know if they use anybody else. McALLISTER: So what you do is you drop them off somewhere at the police department -- BROCCHINI: Yeah. McALLISTER: -- for development? BROCCHINI: Or I hand it to somebody, you know, one of our CSO's works up there and say -- McALLISTER: Can I have these developed? BROCCHINI: Yeah. McALLISTER: So you saw these a couple weeks after you took the photos? BROCCHINI: I can't be sure, but I know it wasn't longer than a couple of weeks. McALLISTER: Was this a -- do you remember the make of the camera? BROCCHINI: It was a Minolta. McALLISTER: Do you remember if there was a strap to it or was it just a camera itself? BROCCHINI: There was a strap to it. McALLISTER: The questions I wanted to ask you start with this, and pardon my ignorance of boats. But I'm showing you what was marked 47, which is a photograph in daylight, and it looks like at the police department of this Game Fisher boat. Now, is that Scott Peterson's boat? BROCCHINI: Yes. McALLISTER: And just for reference points, I'm looking at the seats that go crosswise all the way through from side to side. How many of those are there? BROCCHINI: Well, it looks like there's three seats and a little platform in the front, which I don't know if you want to call it a seat or if I want to call it a seat. McALLISTER: Okay. So we've got this thing. Let's just now, for reference, I don't know that it shows really that precisely in Mr. House's diagram, but you've got right in the -- is it the bow? BROCCHINI: It's the front. McALLISTER: The front, okay. The front of the boat. You've got a little wedge there could be a seat; right? BROCCHINI: Yes. McALLISTER: Okay. But let's talk about from that point aft. BROCCHINI: Okay. McALLISTER: I'm getting better at this. It looks like there are two separate seats, and then is there something all the way at the back? It doesn't really show much in this picture. BROCCHINI: There's a third seat. That's a seat. McALLISTER: Okay. And that would be farthest back -- BROCCHINI: Yeah. McALLISTER: -- towards the outboard; right? BROCCHINI: Yeah. McALLISTER: Okay. So looking at that diagram of the interior of the boat, Mr. House's looks like it may confuse more than help, doesn't it? BROCCHINI: No, I think his is right, except for the little platform in the front. McALLISTER: Okay. So if we look at his, we'd have two benches or seats all the way across and then a third one towards the outboard end of the -- BROCCHINI: It's a bench seat all the way across, also. McALLISTER: Okay. And I'm doing that just as reference points now, because let's go to the seats that we're looking at here in these various photos. Let's start with 88. I guess that's the first in number. Looking at 88, can you tell us in using, unless you've got a better reference point, using the bench seats that we see in that, what that is exactly a picture of? BROCCHINI: Want me to show you on that? McALLISTER: Sure. And I'm probably going to ask you to make a mark with a marking pen this time so we can remember it after your testimony. Is that okay? BROCCHINI: All right. McALLISTER: I'm giving you the red pungent pen. BROCCHINI: Number 88. I don't know how you want me to do it, but it would be -- McALLISTER: Roughly the area that the picture shows. How's that? BROCCHINI: Okay. I'm just going to put number 88 right here. McALLISTER: Okay. And then -- and -- and your vantage point at that point is you're on the trailer; right? BROCCHINI: Standing up here on this trailer. McALLISTER: Okay. And so you'd be looking at the-- you'd be looking at the starboard wall of the boat? That's the right side. BROCCHINI: I would be looking -- if you were sitting on it, on the left side of the boat. I would be looking over the left side of the boat into the boat. McALLISTER: Okay. Got it. Now, let's look at 89 and see if that shows us some different scene. Then maybe you can tell us where that is. BROCCHINI: It's the front. McALLISTER: Okay. Got 89 up there. JUDGE: For the record, he's marking these on People's Number 87. Right? McALLISTER:That is correct, in red. McALLISTER: And so what we see there is you can actually see some curvature at the bottom edge of the picture as the boat is coming to a point; is that accurate? BROCCHINI: That's accurate. McALLISTER: Okay. This is Number 90. I think that's probably pretty obvious, but what is that showing us? BROCCHINI: It's showing us like the back portion of the boat. McALLISTER: All right. And then Number 91? Looks like it's back near the motor area, but you show us. BROCCHINI: (Witness complied.) McALLISTER: Okay. And finally then Number 92. BROCCHINI: (Witness complied.) McALLISTER: Oh, I see. Okay. And would this include what you talked about as an anchor? BROCCHINI: Yeah. McALLISTER: And that I'm talking about the -- in the bottom half of the picture just about midway across, there's a roundish-looking thing. It looks kind of gray in color; right? BROCCHINI: That's right. McALLISTER: And that would be the cement, the round cement object that has rebar forming a U-shaped thing at the top? BROCCHINI: Yes. JUDGE: And that photograph is? McALLISTER:That is Number 92, Your Honor. McALLISTER: Now, when you -- did you take any shots, other than those that we see here, of anywhere else in the warehouse? BROCCHINI: I took -- I know I took a shot standing outside looking into the warehouse. I think I took a couple of those shots, and I took one of the patrol car door, just-- McALLISTER: That would roughly be from 3 here, you told us earlier before the break? BROCCHINI: Yeah. McALLISTER: Okay. BROCCHINI: That was about it. McALLISTER: But none of the interior, all that stuff on pallets or any of that jazz? BROCCHINI: You would have probably seen it from the photo I took from number 3, but I didn't do any closeups of anything else in the shop. McALLISTER: Okay. Now, in your report then, you did detail what was in the boat as you saw it on 12/24; is that correct? BROCCHINI: Yes. McALLISTER: And you reported in your report -- I'm talking about 7 of 12 of that same date of 12/24 -- that you inspected the inside of the boat? BROCCHINI: Yes. McALLISTER: And saw that there were two fishing poles. One was an ultralight-type stream fishing pole, and second was a heavier type fishing pole; right? BROCCHINI: Yes. McALLISTER: Now, what is an "ultralight-type stream fishing pole"? BROCCHINI: It's short, very lightweight, doesn't come apart, and it's -- that's what I call it. That's the type of fishing pole I would use, so -- McALLISTER: Okay. My next question. Do you know something about fishing? BROCCHINI: A little bit. Not about ocean fishing, but I fly fish and stream fish. McALLISTER: So to give us that description, were you close enough to be able to see like a brand name on that fishing pole? BROCCHINI: No. I didn't look for one. McALLISTER: Okay. Is this a generic type description just from your knowledge of fishing? BROCCHINI: Yes. McALLISTER: But you were close enough to see it in that detail from where you were standing; right? BROCCHINI: Yeah. McALLISTER: Then there was a small plastic tackle box which contained old fishing jigs and lures. Now, is that shown on the photographs? BROCCHINI: Yes. McALLISTER: Could you show us -- could you show me where that is? Would that be that? BROCCHINI: On photo 92, that would be it. McALLISTER: Okay. And that is a -- looks like at some earlier part of its life might have been an orange hinged box? BROCCHINI: That's right. McALLISTER: And that would be next to what we described as the anchor? BROCCHINI: Yes. McALLISTER: And so -- and did you take -- you looked inside that, obviously; right? BROCCHINI: Yes. I opened it. McALLISTER: And that's how you were able to make the description I just read of the fishing jigs and lures; right? BROCCHINI: Yes. McALLISTER: Now, then you also described a six-foot red rope, possibly used to tie the boat to a dock and a pair of yellowish rubber gloves. I think the gloves show in those pictures, too, don't they? BROCCHINI: Yes. McALLISTER: Okay. Those are near the fishing poles, kind of under them almost? BROCCHINI: Yes. McALLISTER: Right? BROCCHINI: Uh-huh. McALLISTER: And what was this other thing under the fishing poles? BROCCHINI: That is something to -- if you get a flat tire on your trailer, you pull your trailer up onto that, and then you can take your tire off and change it. McALLISTER: Oh, okay. And then reading on, you said that the ropes and gloves were wet; is that -- BROCCHINI: That's correct. McALLISTER: -- accurate? BROCCHINI: Yes. McALLISTER: And then you described the concrete that we talked about before? BROCCHINI: Yes. McALLISTER: And then you said there was no rope attached to it and you saw no other rope in the boat, so you don't know how it could be used as an anchor? BROCCHINI: That's what I recollect. McALLISTER: Is that accurate from your report? BROCCHINI: That's accurate. McALLISTER: How you saw it, there's no rope attached to it; right? BROCCHINI: That's right. McALLISTER: Did Scott ever say that he had dropped anchor at any point while he was fishing in the bay? BROCCHINI: No. McALLISTER: And how about the anchor itself, was it wet? BROCCHINI: This was water in the boat, and I -- I mean, it sloshed around in the boat. It possibly could have been wet on the bottom, but I don't know for sure. McALLISTER: Well, it certainly wasn't like it was wet cement that had just been put together; right? BROCCHINI: Are you asking my opinion? McALLISTER: Yeah. BROCCHINI: It looked kind of fresh because it was breaking up, like I've made things in the past with cement, and from bouncing, there was broken pieces and it didn't look like an old brick or anything. It looked kind of fresh to me. McALLISTER: Okay. But it wasn't-- did you try lifting it up by that homemade handle? BROCCHINI: No, it looked solid. McALLISTER: It's solid; right? BROCCHINI: Yeah. McALLISTER: So that was -- that's pretty much it for your report in terms of what you found when you inspected the boat; is that correct? BROCCHINI: Can I look at my report? McALLISTER: Yeah. Go ahead. BROCCHINI: (Witness reading.) That's it. McALLISTER: Okay. One question on that tackle box. That has some kind of a hasp closing it? BROCCHINI: Yes. McALLISTER: Snap or something? All we see is the hinge side of that, don't we? What's your recollection of the other side of that? Is there something, a lip or something that it has to go over? BROCCHINI: Yes. McALLISTER: So when you opened it physically, what did you have to do to open it up? BROCCHINI: I think I had to move a little plastic thing and flop the lid open. McALLISTER: Okay. Now, was that done before or after the photo was taken? BROCCHINI: I don't remember. McALLISTER: Okay. And then you -- to get to that box, you climbed into the boat to be able to open that box up, didn't you? BROCCHINI: No. McALLISTER: You did not? BROCCHINI: I did not. McALLISTER: So what did you do? Reach over from the trailer into there? BROCCHINI: No. I was standing on the ground, and I just reached in and opened the lid and looked in it. McALLISTER: And did you reach into the boat and touch or manipulate or open anything else in the boat? BROCCHINI: No. McALLISTER: Now, when you were working the camera, did you have any kind of latex or rubber or any kind of other gloves on your hands? BROCCHINI: No. McALLISTER: You were barehanded? BROCCHINI: I think I was. I don't recall putting gloves on. McALLISTER: Okay. The same would be true over when you were going through your inspection of the house at 523 Covena, you didn't have any kind of rubber gloves on during any of that, did you? BROCCHINI: I -- you know, I don't recall. McALLISTER: Is your best recollection you did not have any? BROCCHINI: My best recollection is I did when I was in Scott's truck, but I don't recall having them on in his house. McALLISTER: Okay. Now, once then you left the warehouse, you and Scott were going to go down to the police department to continue your conversation; is that right? BROCCHINI: Yes. McALLISTER: And, now, as I -- let me do one more question while you're there at the warehouse. Did Evers stay the entire time that you were there? BROCCHINI: Yes. McALLISTER: What was he doing while you were taking pictures? BROCCHINI: Nothing. Standing there. McALLISTER: Inside or outside? BROCCHINI: Outside. McALLISTER: And where was Scott Peterson while you were taking the pictures? BROCCHINI: Outside. McALLISTER: Were Peterson and Evers outside together, from what you could see? BROCCHINI: I don't recall. I think they were standing near each other. I don't know if they were talking or anything. McALLISTER: Well, Evers wasn't doing anything to assist you in the picture taking? BROCCHINI: No, he wasn't. Not that I remember. McALLISTER: Okay. Then you take off from there after Scott locks up the warehouse; right? BROCCHINI: Yes. McALLISTER: And then you're headed downtown? BROCCHINI: Yes. McALLISTER: And then do you have some detour that you take? BROCCHINI: Yes. McALLISTER: And where were you when you decided that you had to go somewhere other than the Modesto Police Department? BROCCHINI: On my way to the Modesto Police Department. McALLISTER: Okay. BROCCHINI: I don't recall where I was on the street, but in transit. McALLISTER: Okay. Were you within a block of the warehouse or were you closer to the police department? That's all I'm asking. BROCCHINI: I don't recall. McALLISTER: And then what was this? What came to mind that sparked this need to go somewhere else? BROCCHINI: Scott had some family and friends at Dittos that were making fliers. I think they needed a phone number, so we went over there. McALLISTER: Well, he got a cell phone call, didn't he? BROCCHINI: I think he did. McALLISTER: That's how -- again, it wasn't ESP we ought to go to Dittos. Didn't he get a phone call that they were making fliers over there and he needed to go over there for some reason? BROCCHINI: Yes. McALLISTER: Okay. So you took him over to Dittos? BROCCHINI: Yes. McALLISTER: And then did you go into Dittos or -- BROCCHINI: Yes. McALLISTER: What was going on there? BROCCHINI: There was a lot of friends and there was people making fliers. I mean, they were asking questions. They wanted a phone number. "What phone number do we put on the flier?" I don't recall. I remember who one of the people were, but I don't remember any of the other ones, and just thought it was kind of a nice thing that was going on. McALLISTER: And then what happened from that point? Where'd you go next? BROCCHINI: We went -- we went to the station. McALLISTER: Okay. Now, wasn't there a point where you forgot something again? BROCCHINI: Yes. McALLISTER: And what was that? BROCCHINI: My notebook. It was right when we got to the station and we parked on G Street we went to get out, and I wanted my notebook with all my notes, and I didn't have it. So I said, "Scott, we've got to go back to the shop. I left my notebook." McALLISTER: Hmm. So you got back in the car with Scott because he had to let you in; right? BROCCHINI: Scott drove back there with me. McALLISTER: Okay. And then you went back there. And what happened once you got back there? BROCCHINI: Scott opened the door to the office. I followed him in with my flashlight. He went into the warehouse. I lit up the are BROCCHINI: He jumped over the trailer, grabbed my binder, jumped back over, handed it to me. We walked back out. He locked up and we drove to the station. McALLISTER: Now, that went a little bit fast for me. Did you have to illuminate the inside of the warehouse with your car again facing into the bay? BROCCHINI: No, I just used my flashlight. McALLISTER: Okay. So the two of you walked in through the office area? BROCCHINI: Yes. McALLISTER: And then you trained the light on the boat and he jumped into the boat? BROCCHINI: No, he didn't have to get into the boat. He jumped over that flatbed trailer. McALLISTER: Okay. BROCCHINI: And it was just on a lip or on a ledge, and I can't remember exactly where it was, but it was right by the boat. He picked it up, jumped back over the trailer, handed it to me, and we left. McALLISTER: Okay. What -- in terms of exactly where that book was, notebook, what did it look like? Could you just describe it? You said legal size? BROCCHINI: Yeah. It was just a black fake leather bifold. Not bifold. Folder. And it didn't have a zipper on it. It just has a little, you know, latch. McALLISTER: Hasp thing? BROCCHINI: Hasp thing. And it had a legal pad in there that I was using to take my notes. McALLISTER: So it's legal size like the stuff I use; right? BROCCHINI: Yeah. McALLISTER: And it's flat then, probably pretty flat? BROCCHINI: It's probably about three inches thick. McALLISTER: Okay. Would your report assist your recollection in terms of where you left that notebook? BROCCHINI: In the boat. On the boat. McALLISTER: Well, page eight. BROCCHINI: Go ahead. (Witness reading.) Inside the boat. McALLISTER: Okay. Next question, very predictable. Where inside the boat? BROCCHINI: I -- I'm -- I don't remember. I think it's on one of these seats, and I'm almost positive it's the middle seat right there. No, front seat. I'm sorry. Because when he jumped over the trailer, it was right there. But I can't be positive, but that's what I remember. McALLISTER: Okay. What you report reflects is, "I realized I'd placed my notebook inside the boat while I took the pictures." Right? BROCCHINI: Okay. McALLISTER: So it is within the boat? BROCCHINI: On the seat is in the boat. McALLISTER: Okay. Let's go back now and see if we can find it. Does it show -- 88 looks like the first in sequence that we had. Does that show it? BROCCHINI: No. McALLISTER: There's 89. BROCCHINI: It's going to be in 89. McALLISTER: Okay. BROCCHINI: You can't see it. It's right there. (Indicating.) McALLISTER: No, I can't see it. So does it show in that picture? BROCCHINI: No, but it's on that seat right there. GERAGOS: Could the record reflect that he's pointing to something that appears to be off the picture itself? McALLISTER: What you're talking about is -- JUDGE: Is that correct? BROCCHINI: That's correct. McALLISTER: 90 -- or 89. You're talking about it sitting on -- not on the little ledge, or whatever it is, right in the most front part of the boat; but you're talking about it being on the most forward bench seat that goes all the way across? BROCCHINI: That's what I remember. McALLISTER: Okay. That was 89. Next would be -- oh, there it is. It certainly doesn't show in -- that's 88. We looked at that one. Looking for -- there's 90. It obviously doesn't show -- in 90 that's a whole different perspective; right? BROCCHINI: That's right. McALLISTER: 91, that's back towards where the motor is. Doesn't show in that? BROCCHINI: No. McALLISTER: Likewise, doesn't show in 92; right? BROCCHINI: That's right. McALLISTER: Okay. And when you did your inspection of that boat and then you -- I guess you were jotting things down in the notebook. Is that why you had it somewhere near the boat? BROCCHINI: No. McALLISTER: Well, do you just carry it around? Is that why you had it near the boat? BROCCHINI: Yes. McALLISTER: Did you make any notes while you were out there at the boat about the type of boat, the type of fishing gear in it, the contents of the boat, those kind of things? BROCCHINI: I wrote the license plate number down. I remember that, and that's the only note I remember taking. McALLISTER: Okay. But when you compiled your report, relating to all these observations and places you went, et cetera, on the 24th of December, were you doing that unaided by any kind of note-taking? BROCCHINI: No, I took a lot of notes. McALLISTER: Your typical practice at that point was you dictated from the notes and then you'd destroy the notes; right? BROCCHINI: That's right. McALLISTER: So those notes would not be in existence anywhere because you've got your finished product here, the report? BROCCHINI: That's right. McALLISTER: And when you prepared the report, was that on the same day that you had made all these observations, the 24th of December? BROCCHINI: Well, the observations in the shop were the 25th, because it was already the 24th. McALLISTER: Oh, it had passed midnight? BROCCHINI: Yeah. McALLISTER: So -- BROCCHINI: So I did dictate my report on the 25th. McALLISTER: From your notes, the detailed notes you'd made of all the things you'd seen and done and all that in the previous X many hours; right? BROCCHINI: And memory. McALLISTER: And memory, sure. Is there any reference made in your report, sir, to any pliers being inside the boat? BROCCHINI: No, I didn't note it. McALLISTER: Didn't see any? BROCCHINI: I didn't notice them. (Whereupon defense counsel conferred.) McALLISTER:I'd ask that these -- (District Attorney examining prospective exhibits.) McALLISTER:I'd ask that these -- JUDGE: Last one was L, I believe. THE CLERK: Right. McALLISTER:Seven, eight, nine, ten, eleven, twelve, thirteen. JUDGE: You want all those marked? McALLISTER:Yeah, please. JUDGE: Mark about three and then start moving on those. CLERK: M, N and O. (Exhibits M through Y were marked for identification.) GERAGOS: Jennifer, what did you start off with? McALLISTER:M, N and O. GERAGOS: Okay. McALLISTER: Detective Brocchini, I'm showing you what was marked as Exhibit M. I'll ask you if you can identify that photograph. BROCCHINI: The photo of my -- that might be my car, or it's a patrol car door. McALLISTER: Okay. Now, there is some numbering system here on the bottom, A, B and then several numbers. Are you familiar with that numbering system? BROCCHINI: Yeah. McALLISTER: What is that? BROCCHINI: Those are my initials, the date I took that photo and maybe photo number 1. I'd have to look at the rest to see if it corresponds. McALLISTER: Let me show you what I've been handed so far. I've got three of them: M, N and O. Is that a sequenced numbering system there? BROCCHINI: I didn't take this one. McALLISTER: That would be O? BROCCHINI: Yeah. McALLISTER: And that shows 12/18/0and it says "photos by" looks like L. Scott? BROCCHINI: With a case number, yeah. McALLISTER: Okay. BROCCHINI: And it might be K. Scott. McALLISTER: Okay. BROCCHINI: For Kelly. McALLISTER: So that AB, those are your initials? BROCCHINI: Yes. McALLISTER:Got a few more? THE CLERK: They're all done. McALLISTER:Oh, all done. Okay. McALLISTER: P ought to be our next one. Let me see if you can identify this next one. That's not the one. Let's try to get these in order. Do you have P, Jennifer? JUDGE: Do you have P? THE CLERK: It's right here. McALLISTER: P? BROCCHINI: Yeah, I took that one. McALLISTER: That's a picture that you took? BROCCHINI: Yeah. McALLISTER: Q? BROCCHINI: I can't say I didn't take it. I probably did. McALLISTER: It's kind of an impressionistic thing, blurred red lights and -- BROCCHINI: Yeah. McALLISTER: R? BROCCHINI: I took it. McALLISTER: That's the side of a patrol car, marked patrol car? BROCCHINI: Yes. McALLISTER: S? BROCCHINI: I took it. McALLISTER: What is that trying to show us? BROCCHINI: The boat. That's the front of the boat and the outside and then you can see the back wheel or front wheel of a police car. McALLISTER: That -- does that show your -- your notebook? BROCCHINI: I -- doesn't show anything. McALLISTER: T? BROCCHINI: I took it. McALLISTER: What is it trying to show us? BROCCHINI: One of the pictures I took in the shop, I think. I just -- McALLISTER: U? BROCCHINI: Same. McALLISTER: And V? BROCCHINI: Yep. McALLISTER: Which looks all entirely white just about? BROCCHINI: Yeah. McALLISTER: Now, did that numbering sequence at the bottom -- oh, here's a couple more. I'm sorry. W and X. BROCCHINI: It's another one of the boat, I think -- I can't say -- McALLISTER: W is? BROCCHINI: Yeah. McALLISTER: Pretty hard to say about X; right? BROCCHINI: Yeah. McALLISTER: Pretty white. Is the numbering sequence -- doesn't show the last two, but does that continue all the way through that AB and then the sequential number? BROCCHINI: I'm not sure who numbered these, Mr. McAllister. I don't know where these five fit in with these because I -- McALLISTER: That was going to be my next question. You're talking about the numbered ones that we're dealing with of 88 through 92 -- BROCCHINI: Right. McALLISTER: -- don't have these numbers on the bottom. So that was going to be my next question. What you -- BROCCHINI: Yeah, I don't have any idea. I had nothing to do with putting numbers on any of these. McALLISTER: Although this AB, that would stand for Allen Brocchini; right? BROCCHINI: Yes. They wanted to know who took every picture. There was so many pictures. I picked out the pictures I took, and my initials are on them. McALLISTER: Somehow your initials did not get on those pictures you identified when Mr. Distaso was asking you the questions -- BROCCHINI: They're not on them. McALLISTER: -- at least on this copy of them? BROCCHINI: Unless they got some other ones. McALLISTER: All those taken on the same roll on the same day? BROCCHINI: Yes. McALLISTER: Other than that L. Scott, whatever that thing was? BROCCHINI: I can't be sure of a couple of the pure white ones, but the other ones were taken on the same day. McALLISTER: And that would be 12/24? BROCCHINI: 12 -- well, 12/24 to 12/25. McALLISTER: 12/25, getting in past the midnight hour; right? Now, when you saw -- you were training the light on the boat for Mr. Peterson to get the notebook. I guess that's because he was more familiar with the clutter in there? BROCCHINI: Yeah. McALLISTER: Okay. And so he jumped into the boat to get the notebook for you? BROCCHINI: No. McALLISTER: Correct? BROCCHINI: No, he didn't. He just jumped off the trailer onto the ground. Nobody got in the boat when we were there. McALLISTER: Does your report reflect the information you were just telling us about, about Mr. Peterson going in and finding the notebook? BROCCHINI: No. McALLISTER: What you say in that portion of the report is that, "I followed Scott into the office door into the shop area where I found my notebook sitting inside the boat. We then returned to the Modesto Police Department." BROCCHINI: That's what I said. McALLISTER: Right. BROCCHINI: I did find it. I looked right at it. I put my light on it, and Scott grabbed it. McALLISTER: But you hadn't -- when you had left that shop previously, when the lights from the car were trained on the interior of the bay, you had not seen the notebook at that point? BROCCHINI: I just forgot it. I don't know if I saw it or didn't see it. When we left, I left it. McALLISTER: And the next place that you were going to be going was to be to the police department to take a much more detailed statement from Scott about the events of the 24th; right? BROCCHINI: Yeah. McALLISTER: And for that, you were going to be using that notebook? BROCCHINI: That's right. McALLISTER: Even though it's tape-recorded, videotaped, all that, you're still going to be jotting notes down; right? BROCCHINI: That's right. McALLISTER: Now, let's talk a little bit about that statement. You talked about the issue about meringue. Now, this Martha Stewart show, Scott reported to you was Laci's favorite show; right? BROCCHINI: That's right. That's what he said. McALLISTER: Not -- he didn't represent it as his favorite show? BROCCHINI: No, he said Laci's. McALLISTER: Okay. And when he said it was on that morning, did he say that his attention was riveted to the show to the degree, you know, that he was taking notes about some new recipe? BROCCHINI: No. McALLISTER: Did he tell you that, as her favorite show, that that thing was on every morning? BROCCHINI: No. McALLISTER: Did you ask him any questions about that? BROCCHINI: About it being on every morning? I -- McALLISTER: Yeah. BROCCHINI: I just asked him if he remembered what was playing. McALLISTER: Just that day? BROCCHINI: That day, what he saw. McALLISTER: Okay. So you didn't ask him, was it Laci's custom and practice in the morning to watch that show every morning so it was on every morning; right? BROCCHINI: No. McALLISTER: And what did he say about this meringue? BROCCHINI: He said he thinks they were cooking with meringue or something similar to that. McALLISTER: Okay. BROCCHINI: Baking. McALLISTER: Did he say that he had watched the show himself in its entirety? BROCCHINI: No. McALLISTER: That just happened to be the show Laci was watching, and he was in and out of the room?BROCCHINI: Can I look at my report? McALLISTER: Sure. BROCCHINI: He just said he and Laci -- he watched a portion of the Martha Stewart show with Laci. McALLISTER: And he thought they were doing something with meringue and whatever they were cooking up on the show? BROCCHINI: That's right. McALLISTER: Right? BROCCHINI: Yeah. McALLISTER: Okay. You mentioned something about cadaver dogs. BROCCHINI: Was -- McALLISTER: When was that conversation that you had with Scott? BROCCHINI: It was Christmas Day about 6:30 at night. McALLISTER: And so he asked you if you were using cadaver dogs? BROCCHINI: Yes. McALLISTER: And was it a telephone call or was this an in-person conversation? BROCCHINI: It was a telephone call. McALLISTER: And what were the topics talked about? BROCCHINI: "Are you using cadaver dogs in the park looking for Laci?" McALLISTER: And now -- and what did you say? BROCCHINI: Can I look at my report? McALLISTER: Sure. BROCCHINI: (Witness reading.) I'm ready. McALLISTER: Okay. What did you say back to him? BROCCHINI: That cadaver dogs are used for sniffing out dead people, and I hadn't considered her dead yet. McALLISTER: Now -- BROCCHINI: Or something similar to that. McALLISTER: Now, did you probe Scott Peterson's knowledge of dogs used in police situations ranging from rescue to cadaver dogs to man-trailing dogs to every other kind of dog we could talk about? BROCCHINI: I didn't probe him, no. McALLISTER: You informed him, well, cadaver dogs are used if there's a dead person, right, which is -- BROCCHINI: Well, no, I informed him that we had three dog teams in the park looking for Laci already. I didn't say what kind of dogs. He just said, "Well, are you using cadaver dogs?" He asked me. Sounded like he knew what he was talking about. I told him no. McALLISTER: You don't know, of all these people who were coming to the house and trying to help and offer suggestions, you don't know who he may have talked to to give him any kind of knowledge about cadaver dogs versus trailing dogs versus some other kind of dog? DISTASO: Objection. Calls for speculation. JUDGE: Sustained. McALLISTER: Then you would be speculating if you told us the state of his knowledge about the area of police use of dogs; is that accurate? BROCCHINI: Yes. McALLISTER: When you received from Department of Motor Vehicles a release of liability form relating to this maroon Mercedes Benz, was there any information there about Florida on that? BROCCHINI: No. McALLISTER: In fact, the name of the person is Jacqueline Peterson; right? BROCCHINI: Yes. McALLISTER: And through the course of your investigation, is the address there an address that you are familiar with? BROCCHINI: No. It's a PO box that I'm not familiar with. McALLISTER: I want to direct your attention, Detective Brocchini, to your testimony this morning about Bruce Peterson. And you know who Bruce Peterson is; right? BROCCHINI: Yes. McALLISTER: No relation to Scott Peterson? BROCCHINI: No. McALLISTER: And you told us this morning, did you not, that Bruce Peterson sold the boat to Scott. The defendant showed up with $1,400 and bought the boat. You recall that testimony? BROCCHINI: Yeah, I do. McALLISTER: Okay. Now, that's the truth, but we can hardly call that the whole truth, could we? DISTASO: Objection, Your Honor. Calls for speculation, I guess, or it's -- JUDGE: It's argumentative. Sustained. McALLISTER: So are you telling me that Scott Peterson showed up at some guy's door in Modesto, pocket bulging with $1,400 cash, and that same day that he first met that gentleman bought the boat? BROCCHINI: Well, I didn't testify that she showed up in Modesto, and I only answered the questions that were asked of me, and so that's what was asked, and that's what I testified to. McALLISTER: That left a few things out, though, didn't it? DISTASO: Objection, Your Honor. It's argumentative. If he wants to ask him -- JUDGE: Sustained. McALLISTER: There was a little more to it than that, wasn't there? DISTASO: Objection. It's argumentative. JUDGE: Sustained. You can ask him leading questions, Mr. McAllister. McALLISTER: Bruce Peterson had more dealings with Scott Peterson than just seeing him on one day and buying the boat or selling the boat to him; correct? BROCCHINI: In person? You know, I don't know, Mr. McAllister. I know there was a phone call. I don't know if they knew each other. I don't think they did. No, they didn't know each other. So I don't know. McALLISTER: Did Scott Peterson use a phony name when he bought this boat? BROCCHINI: No, I don't think so. McALLISTER: Go ahead. Look at some reports. BROCCHINI: No, he didn't use a phony name. McALLISTER: In fact, he and Bruce Peterson laughed about the fact they had the same last name; right? BROCCHINI: I don't know. McALLISTER: When you told us this morning about the defendant showing up with $1,400 and buying the boat on December 9th, is that something that you learned of from Mr. Bruce Peterson? BROCCHINI: That's what he told me. McALLISTER: Did he say to you that Scott Peterson had showed up one day to inspect the boat, look at the boat that this gentleman had for sale, and then he came back the next day with the $1,400? BROCCHINI: I don't think he told me that. Can I look at my report? McALLISTER: Sure. May want to look at Detective Tom Blake's report while you're at it, too. BROCCHINI: Do you have a copy of it? McALLISTER: Sure do. Thought you'd never ask. BROCCHINI: (Witness reading.) Okay. McALLISTER: "Okay" meaning you've read it? BROCCHINI: I read the report. McALLISTER: "Okay" meaning it's refreshed your recollection? BROCCHINI: I never had the conversation with Bruce Peterson, and I didn't talk to Tom Blake about it. McALLISTER: So you never did talk to Bruce Peterson? BROCCHINI: No. I talked to Bruce Peterson just to ask him what was in the boat when he sold it, and then I met with Bruce Peterson another time when he inspected the boat and told me what he saw different than when he sold it; but I never had that conversation with Bruce Peterson right there. McALLISTER: Well, Tom Blake, I mean, you know Tom Blake; right? BROCCHINI: Yes. McALLISTER: Tom Blake is a well-respected Modesto Police Department detective? BROCCHINI: Like all of us. McALLISTER: I didn't say anything, did I? JUDGE: Just answer the question, Detective Brocchini. BROCCHINI: I'm sorry, Your Honor. McALLISTER: In fact, Tom Blake has in the last few years -- DISTASO: Well, you know, let me just stop you, Mr. McAllister. Your Honor, I don't object to the detective testifying off this report from Detective Blake, if that's where he's going or if that's what he wants. So if he wants to speed it up and just have this hearsay come in, I don't object to it. JUDGE: If he knows it from talking to him, but under Prop. 115, he can't read the report. McALLISTER:No. I mean, I -- thank you for the assist, but let me ask a few more questions here. McALLISTER: Tom Blake, a Modesto detective -- well, police officer for 20 plus years; right? BROCCHINI: Yes. McALLISTER: Is that right? BROCCHINI: Yes. McALLISTER: All right. Who has actually worked a stint where he physically worked in the DA's Office; right? BROCCHINI: I don't know about that. McALLISTER: All right. But you respect his work, don't you? BROCCHINI: Yes, I do. McALLISTER: And in the reviewing of the preparing for your testimony, did you try to look at all the reports relating to people whose hearsay testimony you would relay here? BROCCHINI: Did I want to look at all the reports and do I wish I'd looked at that one? Yes. But I didn't look at it and I didn't know about it until now. McALLISTER: Okay. Well, Detective Blake seems to have talked to Mr. Peterson at some length about his selling of this boat. Is that accurate from your looking at that report? BROCCHINI: Looks like he talked to him for about five or six minutes. McALLISTER: Uh-huh. But in that, whatever that time period was, he asked him about Mr. Peterson's putting that boat up for sale; right? BROCCHINI: Yes, he did. McALLISTER: And was that through an ad in the paper? BROCCHINI: Yes, it was. McALLISTER: And then he apparently got at least one possible taker in response to the ad in the paper; right? BROCCHINI: Can I look at the report again? McALLISTER: Absolutely. Take your time. BROCCHINI: (Witness reading.) I don't know about the one other taker. I don't see that in here unless I just -- McALLISTER: Well, I mean, he had one person interested in the boat at least: Mr. Peterson? BROCCHINI: Yes, that's right. McALLISTER: So then Scott Peterson -- we're sharing this now. BROCCHINI: Okay. McALLISTER: Since apparently you don't have one. The ad was for 14-foot Sears aluminum fishing boat. He was asking for $1,500; right? BROCCHINI: Yes. McALLISTER: That was squared, I think, with what you told us this morning, wasn't it? BROCCHINI: He bought it for $1,400. McALLISTER: But I mean, what Mr. Peterson was asking for it. BROCCHINI: Yes. McALLISTER: Okay. So Bruce Peterson said on Sunday, December 8th, Scott Peterson phoned him in order to come by and look at the boat? BROCCHINI: That's what the report says. McALLISTER: Uh-huh. And then he talked with him about the boat. Scott asked a few questions about the boat? BROCCHINI: Yes. McALLISTER: And then Scott Peterson asked Bruce Peterson to hold the boat for him; right? BROCCHINI: Yes. McALLISTER: That was a Sunday? BROCCHINI: Yes. McALLISTER: And then Scott Peterson said he'd return tomorrow after the banks opened, Monday; right? BROCCHINI: Uh-huh. McALLISTER: And come back with $1,400 cash for the boat? BROCCHINI: Yes. McALLISTER: Right? And then, lo and behold, "December 9th," which I'm going to assume is that Monday, "Scott Peterson came back a little after 10:00 o'clock AM with the $1,400 in cash." I guess that means after the banks opened. "They joked about having the same last name when Peterson, Bruce Peterson, filled out the transfer form for the DMV." BROCCHINI: That's right. McALLISTER: Right? BROCCHINI: That's what it says. McALLISTER: And nothing here to say that he used the name of Jacqueline Peterson; right? BROCCHINI: Right. McALLISTER: This wasn't "A Boy Named Sue" on this one, was it? BROCCHINI: No. McALLISTER: And was he dressed in a trench coat and have some disguise? Did he have dyed hair? Is there anything in there about this? BROCCHINI: Not in this report, no. McALLISTER: No. His impression of Scott Peterson was that he was nice and polite; right? BROCCHINI: Right. McALLISTER: And Tom Blake actually tape-recorded that interview, I guess, huh? BROCCHINI: Yes, he did. McALLISTER: And then he -- he referred this report to Detective Grogan, that man sitting right in the aisle there, didn't he? BROCCHINI: Yes. McALLISTER: That's your partner in this case, isn't he? BROCCHINI: Yes, he is. McALLISTER: Did Detective Grogan ever show you this report? BROCCHINI: No. McALLISTER: You never saw it before? BROCCHINI: I knew Tom interviewed him, but I've never seen that report before, and I haven't talked to Tom about it. I was doing a follow-up interview. That's why I called him to find out what was sold with the boat. McALLISTER: Right. Let's talk about that for a second. Because what wasn't sold with the boat? BROCCHINI: Fishing poles, anchors. McALLISTER: Anchor; right? BROCCHINI: Right. McALLISTER: And you got that directly from Bruce Peterson; right? BROCCHINI: Yes. McALLISTER: He had -- what was the name of that? My lack of fishing expertise is showing badly. Some kind of swallow tail or some kind of anchor with the boat? BROCCHINI: What he told me was he had two anchors that he asked Scott if -- Bruce Peterson was going to buy another boat, and he asked Scott if he could keep the anchors that were with this boat, and Scott said yes. McALLISTER: So when Scott Peterson gets the boat, it is without an anchor? BROCCHINI: That's correct. McALLISTER: That's what you found out? BROCCHINI: Yes. McALLISTER:I don't know what time the Court's thinking about breaking. JUDGE: We can go about another ten minutes. McALLISTER:I need to rearrange some of my stuff here for just a second. (Pause.) McALLISTER: Mushroom anchors, that sound familiar? BROCCHINI: Say it again. McALLISTER: Mushroom anchors. BROCCHINI: Well, I've heard of a mushroom anchor. I don't think he mentioned it to me, though. McALLISTER: Oh, okay. So we found those other pictures which I had asked you if those were through -- M through X or Y, or whatever. JUDGE: X. McALLISTER: Do you now remember seeing those pictures along with 88 through 92, all at the same time? BROCCHINI: Uh-huh. I got all the negatives at the same time. McALLISTER: Okay. So -- and that would have been roughly within a couple of weeks after the taking of the pictures, what you said before? BROCCHINI: Yes. McALLISTER: Are there any other pictures that you saw that you took on the 24th other than what we've seen here, M through Y, or whatever it is, and 88 through 92? Were there any other pictures on that roll that you saw developed? BROCCHINI: No. (Pause.) McALLISTER: Going back to what was marked as Number 87, one thing I didn't ask you about, there's a lot of numbers on that trailer or what's represented to be the trailer. Could you tell us what those are to be, to represent, if you know? BROCCHINI: I mean, I don't know what all of them are. I know what some of them are. McALLISTER: Was the trailer -- this is like a flatbed-type trailer? BROCCHINI: Yes. McALLISTER: Is there any -- is any particular kind of a setup on that trailer for it to carry a boat? BROCCHINI: No. McALLISTER: Okay. So the boat, as it sits there, is on its own some kind of trailer device? BROCCHINI: Yes. McALLISTER: Okay. So the -- that's just truly a flatbed trailer. Did it have this thing up here? (Indicating.) BROCCHINI: Uh-huh. McALLISTER: Did it have anything on it when you saw it on the 24th? BROCCHINI: It had some stuff on it. It had the mortising machine on it, the woodworking machine for sure, but I don't recall what else it had on it. McALLISTER: Okay. The mortising machine, you actually inspected that when you saw it on the 24th? BROCCHINI: I looked at it and touched it and -- McALLISTER: Did you know what a mortising machine was prior to that? BROCCHINI: I -- no. McALLISTER: I mean, were you familiar at all with any kind of woodworking? BROCCHINI: I'm familiar with woodworking, but I don't know what a -- I didn't know what a mortising machine was 'til Scott told me. McALLISTER: Okay. And then when you looked at that, did it appear to be a new machine or was it covered with dirt, sawdust, those kind of things? BROCCHINI: It looked new. McALLISTER: What kind of inspection did you do of it? BROCCHINI: Just I looked at it, and I -- he says he just built it. That's what he told me, so I wanted to see if I could tell if it was just built or not. I couldn't tell really other than all the screws were still loose on it like it hadn't been completely assembled all the way. McALLISTER: Uh-huh. And how did you tell the screws were loose? I mean, did you wiggle it or -- BROCCHINI: I think, from what I can remember, I could just see them all. There's like a -- you know, there's like a platform on it, and there's screws, and they're hanging out, and they're not all the way in tight. McALLISTER: Okay. BROCCHINI: And it just looked like it wasn't completely put together. McALLISTER: It looked like it was being assembled? BROCCHINI: Yeah, I didn't know. I couldn't tell if it was being assembled, if it was that way when he got it and it hadn't been assembled yet. I just didn't know. McALLISTER: And that was sitting on that flatbed trailer? BROCCHINI: Yeah. McALLISTER: Did you have any conversations with Scott about what he had done with that that day, December 24th? BROCCHINI: During the interview, he told me he had assembled it, but I didn't question him about it when I was there. He showed it to me. That's what a mortiser is. And I looked at it and I couldn't tell if it was assembled or not assembled -- McALLISTER: Okay. BROCCHINI: -- at that time. JUDGE: While there's a pause, I wanted to make a correction. I indicated before that X was the last item marked. The clerk informed me that Y has been marked but not referred to. McALLISTER:Okay. McALLISTER: You were actually -- you said you weren't there initially, I think, when the search warrant was served on the warehouse on the -- what is it? The 27th? BROCCHINI: Yes. McALLISTER: But you were there some -- at some time during the service of the search warrant? BROCCHINI: Yes. McALLISTER: Is that right? Do you recall how many officers were there doing the search warrant? BROCCHINI: No. I'd have to guess. McALLISTER: Okay. Well, don't guess. Do you remember if it was daytime or nighttime when you went there? BROCCHINI: Daytime. McALLISTER: Do you recall if, when you went there, at any point when you were there on the day of the search warrant service that you took any photographs? BROCCHINI: I recall that I didn't. McALLISTER: Did not? BROCCHINI: Did not. McALLISTER: No photographs on that day? BROCCHINI: By me? McALLISTER: Yeah. BROCCHINI: No. McALLISTER: Did you see anybody taking any photographs that day? BROCCHINI: Yeah. McALLISTER: And who did you see taking any photographs? BROCCHINI: I think Denise Ducot was taking video and some -- she was taking photographs, but I don't know. Maybe other people took photographs, too. McALLISTER: You remember Denise Ducot and maybe somebody else? BROCCHINI: I remember Denise Ducot taking some photographs. Could be other people, too. McALLISTER: Did you ever review any photographs from the service of the search warrant on December 27th from the warehouse at 1027 North Emerald? BROCCHINI: Yes. McALLISTER: When did you first see those photographs? BROCCHINI: I don't recall. After the service. I think the first time I looked at those photographs were February 12th, or right around there. McALLISTER: When you were inspecting and collecting these things on the 24th of December into the early morning hours of the 25th, how many different fishing licenses did you see, Detective Brocchini? BROCCHINI: None. McALLISTER: You never saw a two-day fishing license? BROCCHINI: On the 24th or the 5th? McALLISTER: 24th or 5th, yeah. BROCCHINI: No. McALLISTER: When did you first, during your investigation, find any fishing licenses in Mr. Peterson's possession? BROCCHINI: On the 26th he gave me a fishing license that was on the counter. He walked over to the counter, picked something up, walked over and handed me a two-day fishing license on the 26th. McALLISTER: Okay. Counter of his house? BROCCHINI: Yes. McALLISTER: Do we see a picture of that in these documents? BROCCHINI: A picture of what? McALLISTER: That fishing license. BROCCHINI: Yes. JUDGE: I'll let you find it over the weekend. McALLISTER:Okay. Number 85. BROCCHINI: Right. (Proceedings concluded at 4:12 p.m.)
Wednesday, November 12, 2003 JUDGE: Mr. McAllister's doing the further cross-examination; is that correct? GERAGOS: That's correct. JUDGE: You're still under oath, Detective Brocchini. BROCCHINI: Yes, sir. ALLEN BROCCHINI, called as a witness for and on behalf of the People, having been duly and regularly sworn, testified as follows: CROSS-EXAMINATION (RESUMED) McALLISTER: How many -- now, it's January 2003. A lot of officers were working on this case; right? BROCCHINI: Yes. McALLISTER: You were a lead detective; right? BROCCHINI: I was a core detective, meaning I was one of the lead detectives, but not the lead detective. McALLISTER: Okay. Well, you had Detective Grogan, you had Detective Buehler; and your name, Buehler and Grogan appear most frequently in the reports. Would you be the three core detectives? BROCCHINI: Yeah, I think there might be some more, but -- McALLISTER: And considering the number of detectives and other officers you had working the case, did you regularly have meetings to coordinate what all of you were doing? DISTASO: Objection, Your Honor. Relevance. JUDGE: I'm sorry. Who's -- DISTASO: I'm objecting. Relevance. JUDGE: I want to make sure who's doing that. I'll allow it. Overruled. BROCCHINI: We had meetings. McALLISTER: And with what regularity, Detective Brocchini? BROCCHINI: Well, I probably talked to Craig Grogan every day, almost. McALLISTER: Were there other meetings where you'd have a lot of the detectives or other officers there, briefing type meetings? BROCCHINI: No. I mean, there were some, but not a lot. You asked me if there's a lot of them. I can probably think of a couple. McALLISTER: Okay. And how were you and the other detectives and officers sharing information then in terms of reports? Were the reports routed to each of the three of you, reports done by the other officer? BROCCHINI: No. McALLISTER: So how do you know what the other officers were doing, so you're not duplicating, for one thing? BROCCHINI: Well, we knew what -- I mean, how do we know what other officers did is just communicating with Craig Grogan. I mean, that was the main -- how I got my information. I did not read everybody's report. If a tip came in, it would be assigned to somebody, so it wasn't going to be duplicated. I would have a lot of tips assigned to me and I knew nobody else was going to be doing them, or if somebody did them, it would be by accident. McALLISTER: Okay. So there was an attempt to -- if not by everybody being in the same room at the same time, there was an attempt to coordinate the individual efforts that were being made? BROCCHINI: There was an attempt. McALLISTER: Right? And physically, were you in the same building as Detective Grogan? BROCCHINI: Yes. McALLISTER: Same room? BROCCHINI: I mean, we're housed in the same building and it's an open bay. So we have our own cubicles. McALLISTER: But you were in close proximity with him? BROCCHINI: I could see him. McALLISTER: Okay. Now, we have been talking about, as you were sitting up there on the stand, we have been talking about the revelation that there was a surveillance camera across the street from Scott Peterson's house at 523 Covena. When did you first learn that there was a surveillance camera across the street from 523 Covena? BROCCHINI: I can't say I knew where it was. I knew it was on a pole somewhere that could view the driveway. So when you say "across the street," I don't know if it was across the street or not. But I was aware of a pole camera going up when it went up. McALLISTER: Okay. BROCCHINI: And I can't give you the exact date because I don't remember. McALLISTER: Well, would it have been -- we've heard the 3rd of January. Is that generally consistent with what your recollection is? BROCCHINI: I think it was -- my recollection was between -- within the first week of January. Like between the 3rd and the 11th, I think, but I can't remember for sure. McALLISTER: And whose decision was it to put this what you've called the pole camera up? BROCCHINI: I don't know whose ultimate decision it was. We talked about how hard it was to watch Scott Peterson because the street is so small, with a surveillance officer out there. It was a burn and so -- McALLISTER: "Burn" meaning, you'd be discovered immediately? BROCCHINI: Yeah. Scott would know we had somebody sitting out there right away. So talked about putting a pole camera up just to watch it so when he left he could be followed without an officer sitting right on the street. McALLISTER: Okay. BROCCHINI: I know I was part of those discussions, but I don't know whose decision it was. McALLISTER: Okay. Let's just start with who was doing the discussion of it. BROCCHINI: I'm sure myself, Craig Grogan, Sergeant Zahr, Buehler, some of the surveillance team and their idea of how hard it was to keep an eye on him. McALLISTER: So when you say "Zahr," that the sergeant? BROCCHINI: Yes. That's my sergeant. McALLISTER: Was Sergeant Zahr also doing surveillance himself? BROCCHINI: No, not that I know of. McALLISTER: Okay. So from whenever your recollection is that this pole camera went up -- well, first off, what -- what kind of a camera was it? I am not asking you particularly the make. But what was this, a TV camera, movie camera? What are we talking about? BROCCHINI: I'd have to speculate. I never saw it. I know I was told what it was and I can tell you what I was told. McALLISTER: Okay. Let's start with what you were told. BROCCHINI: It was a closed-circuit television that was put on a pole, and it initially was -- I don't know -- I know it's not hard wired, if it's a remote or a modem, but it was viewed from a van so somebody in a van could watch a screen of whatever this pole camera was looking at. McALLISTER: Okay. So it required -- to get reception, it required somebody in this van watching a monitor? BROCCHINI: Yes. McALLISTER: Okay. And so was -- where was this equipment gotten, the pole camera and the receiver? Do you know? Was this MPD equipment? You already got it? BROCCHINI: No. I mean, maybe some of it was ours. I don't know for sure. I know it came from -- I heard you guys just talking about the DEA, FBI. I know we got it with the assistance of our drug unit, and I'm not sure where they got it from. I can't say if some of the equipment was ours and maybe just the camera wasn't ours or if it was all theirs. McALLISTER: Okay. Who was the person involved with this other agency in getting this stuff? Obviously you weren't the one talking to the other agency to get the physical equipment; is that right? BROCCHINI: I don't know. I wasn't. McALLISTER: But you don't know who was doing that? BROCCHINI: No, I don't. McALLISTER: Were you told once the thing was up and operating that it was up and operating? BROCCHINI: I remember being told -- nobody told -- called and told me, said it's up and operating. But I do remember hearing from our surveillance teams that his driveway was being monitored from a van. McALLISTER: Did that -- in your mind, did that connect that that meant that some kind of camera was -- BROCCHINI: Yes. McALLISTER: -- then focused on his house -- BROCCHINI: That's right. McALLISTER: -- and was being remotely received in the van? BROCCHINI: That's right. McALLISTER: Now, when you -- did you ever see the van? BROCCHINI: No. Did I ever see the van on this operation? No. McALLISTER: Okay. BROCCHINI: Have I seen one of our vans that I think was being used? Yeah. McALLISTER: Are you talking undercover van? BROCCHINI: Yeah, just a plain van, but I can't even say for sure. I know a couple of our vans -- I never saw the van that was used. I'm only assuming I know what van it is. McALLISTER: Did you -- did you understand that it had the capability of actually filming the scene that the camera was trained on? BROCCHINI: No. McALLISTER: You never heard that? BROCCHINI: Well, I heard it now. McALLISTER: Now, but I'm talking about -- BROCCHINI: No. Back then, I thought they were just watching it on a closed-circuit TV. Because I knew it was a manned 24-hour-a-day surveillance. "Manned" meaning somebody was there. And we were only interested in him moving, not in what his activities were in the driveway if we weren't there. So I thought it was just a closed-circuit TV. McALLISTER: Now, when you -- and so in your conversations with Grogan and the other officers, there was a lot of surveillance that went on between January 2nd and the time that Scott got arrested on the 18th of April; correct? BROCCHINI: I'd have to check my reports for your dates, January 2nd. I have the surveillance reports. I could tell you when, but there was on and off surveillance of him going on between sometime in January and his arrest. There was a lot of times we weren't surveilling him, but there were days, and I would count maybe, without looking at my reports, maybe 10 days or 12 that we actually tried to surveil him. McALLISTER: Okay. When you're saying "tried," you mean physically when somebody's trying to follow him and eyeball? BROCCHINI: That's right. McALLISTER: Now, did the people monitoring this -- who monitored it? Who monitored the TV screen, if that's what it was, that played the picture from the TV that was across the street? BROCCHINI: I don't know. McALLISTER: Was it an MPD person? BROCCHINI: I don't know. I mean, I know Randy Bolinger, an MPD officer, monitored one time, because I remember him telling me he was in a van monitoring. But there was several teams that we had, surveillance teams, and not all of them were MPD; and on different days, it could have been different people monitoring, and I don't know who. McALLISTER: Okay. Now, the report that we have received today of Detective Grogan, you may not have seen. Have you seen Detective -- BROCCHINI: I have not seen it before. McALLISTER: This was handed to us today. (Indicating.) BROCCHINI: I have not seen it. McALLISTER: Reflected in here, though, there is an interview of Officer Bolinger, the same one you're talking about, Randy Bolinger, who said that he had recorded portions of the surveillance. Now, did Officer Bolinger ever tell you that? BROCCHINI: Yes. McALLISTER: Okay. And did he say how he had recorded? BROCCHINI: Yes. McALLISTER: How? BROCCHINI: Said he pushed the button. McALLISTER: So that the machinery in the van had the capability of recording, not just showing a realtime picture on the screen, but it could record that image; is that correct? BROCCHINI: That's what he told me. McALLISTER: Were those stills -- BROCCHINI: No. McALLISTER: Stills or movie type? BROCCHINI: Video. McALLISTER: Video? BROCCHINI: VH -- V-R -- whatever. VHS. McALLISTER: They talked in here about -- well, forget about what they talked about. I don't see it right now. Did any other officers ever tell you that they had recorded using the remote camera, other than Bolinger? BROCCHINI: No. McALLISTER: Did Bolinger tell you what he had recorded, what kind of scenes? BROCCHINI: Yes. McALLISTER: What did he say he had recorded? BROCCHINI: When I talked to him on Friday and I asked him about those tapes, he said, "Yeah, I pushed -- every once in a while we were bored and we didn't even know it recorded, but we would push this button and it would record, and the scene was the parking lot or the driveway." McALLISTER: Okay. So when you say "Friday," you mean last Friday? BROCCHINI: Yeah, I mean just a couple days ago. I have to -- after this came up, I saw him and I asked him about it. McALLISTER: Okay. So you didn't know before then about Officer Bolinger recording anything? BROCCHINI: I did not. McALLISTER: Then have you been at any other meeting of the other officers since this came up last week about the recordings or the closed-circuit TV? BROCCHINI: If you'd call me talking to Grogan about it a meeting, yeah, I've talked to him about it. McALLISTER: And did you learn from him that there were other recordings, other than what Bolinger had recorded? BROCCHINI: He told me he had three tapes. He hadn't viewed them yet. He was told one of them was a drug lab. The other two had some surveillance on it that he was told, and that's all he told me. McALLISTER: Okay. The drug lab, that's obviously relating to some other investigation, other than this sitting across from 523 Covena; right? BROCCHINI: That was one of the tapes on Pooley's desk that he found was one with a drug lab and two were possible surveillance tapes, and as far as I know, that drug lab tape has nothing to do with this. I don't know if it has anything to do with the pole camera, but it has nothing to do with this case. McALLISTER: Okay. Now, do you know Mr. Pooley, Bill Pooley? BROCCHINI: I'm acquainted with him. McALLISTER: Now, he's a sheriff's deputy? BROCCHINI: Yes. McALLISTER: Right? BROCCHINI: Yeah. McALLISTER: And is he currently assigned to the drug agency, the local drug agency? BROCCHINI: He was in January. I don't know if he's been transferred. I haven't talked to him in months, but, he was assigned to the drug agency. McALLISTER: And he has had responsibility relating to this case, that being the Peterson investigation; right? BROCCHINI: He's been on surveillance teams, and he was a point man, meaning when that team was surveilling somebody, I would communicate with him, and so he was involved that way. McALLISTER: Wasn't he also in the wiretap room? BROCCHINI: I'm sure he was part of that, too. McALLISTER: He had to sign in to do the wiretap. BROCCHINI: I never was -- I didn't get involved in the wiretap. McALLISTER: Okay. So you don't know anything about that? BROCCHINI: Well, I know some stuff what I've heard. McALLISTER: I mean, firsthand, you don't know anything about that? BROCCHINI: Right. McALLISTER: Now, have you learned from any source how long this camera was up there operating across from wherever it was, across from 523 Covena? BROCCHINI: No. McALLISTER: Has anybody told you if it's still operating? BROCCHINI: I know it's not still operating. McALLISTER: Okay. Do you know when it quit operating? BROCCHINI: Not without guessing. McALLISTER: Read The Modesto Bee? BROCCHINI: Sometimes. McALLISTER: See something about some paraphernalia being taken off of a pole last week? Did you see that article? BROCCHINI: I read that article. McALLISTER: Have you talked with any officers about if that was related to the remote TV, closed-circuit TV camera? BROCCHINI: No. JUDGE: I've given you enough leeway on this discovery issue, Mr. McAllister. Why don't you -- McaLLISTER: Let me ask one more question. JUDGE: -- contact Bolinger. McALLISTER: Kim McGregor burglarized Scott Peterson's house on the 19th of January; right? DISTASO: Objection, Your Honor. Irrelevant. Goes beyond the scope of direct. McALLISTER: I'm plugging this into my last area relating to the tardy revelation about this TV camera. JUDGE: I'll allow it. BROCCHINI: Can I look at my report, Mr. McAllister? McALLISTER: Sure. McALLISTER: While you're doing that, you generally know what I'm talking about; right? BROCCHINI: Oh, I do. I just look for the date to make sure. McALLISTER: Well, test me on that. BROCCHINI: What date did you give me? McALLISTER: I gave you the 19th of January. BROCCHINI: You're right. McALLISTER: Thank you. Now, Kim McGregor was a lady who had kind of ingratiated herself into the Laci Peterson volunteers, right, helping out? DISTASO: Objection. Relevance. Beyond the scope of direct. This is not even related. I thought this was supposed to tie up with this pole cam thing. JUDGE: I'll sustain that. McALLISTER: The McGregor burglary at 523 Covena resulting in Miss McGregor entering the house, taking personal items out of the house; correct? BROCCHINI: Yeah. Just so we're correct, it was January 16th -- it happened between January 16th and January 19th. We don't know for sure what day. McALLISTER: Okay. But that was the date it was reported was the 19th? BROCCHINI: It was reported on the -- yes, on the 19th. McALLISTER: Now, that was at a time when the remote camera was trained on the house. Is that your understanding? BROCCHINI: I don't know. McALLISTER: Now, you knew that the camera was there longer than just a couple of weeks? DISTASO: Objection. That misstates the testimony. JUDGE: Sustained. McALLISTER: How long was the camera up there? BROCCHINI: I don't know. McALLISTER: When Officer Bolinger recorded some of the scenes that he was seeing, do you know what date that was? BROCCHINI: No, I don't. McALLISTER: Do you know if anyone recorded the Kim McGregor entry in -- unauthorized entry and burglary into the house? BROCCHINI: Not that I know of. McALLISTER: Was that being monitored 24 hours a day at the remote van? BROCCHINI: No. McALLISTER: What hours, to your knowledge, was it being monitored from the van? BROCCHINI: It was only being monitored when we were keeping Scott under surveillance, and I'd have to look at the surveillance reports, but the only time it was was when we had a surveillance on Scott. McALLISTER: Now, from your knowledge of the investigation, was there a reason that the remote-control or the closed-circuit TV camera was not mentioned in approximately 27,500 pages of police reports? BROCCHINI: I don't know. I don't know if it was or wasn't. McALLISTER: You haven't seen it, have you? BROCCHINI: No, I haven't. I haven't read nearly, not even -- I've only read my reports, all of them, and some of the other reports. McALLISTER: But you've seen -- in that which you have read, you've seen nothing about any closed-circuit TV camera, have you? BROCCHINI: Not that I can think of. McALLISTER: And you've reviewed Detective Grogan's reports, haven't you? BROCCHINI: No. McALLISTER: Haven't you seen some of them? BROCCHINI: I've seen probably five or six of them. McALLISTER: Okay. And you've not seen any reference in there to any closed-circuit TV camera? BROCCHINI: Not that I can remember. DISTASO: You want to look in my briefcase, Mr. McAllister. McaLLISTER: I'm sorry. I'm sorry. We've got two similar -- I've got more interesting things -- GERAGOS: Might find some more tapes in there. McaLLISTER: -- in my briefcase. McALLISTER: Now, I'm going to ask you, now, you were involved in contacting many of Scott Peterson's friends, talking to them during the four and a half months that you were working so intensely; is that correct? BROCCHINI: Yes. McALLISTER: And you also were involved in talking with Sharon Rocha, Brent Rocha and Amber Frey; right? BROCCHINI: I've spoken to them all once or twice. McALLISTER: Okay. And you were involved in getting recording devices for Sharon and Brent Rocha so that they could tape conversations; correct? BROCCHINI: No. McALLISTER: You never went to Radio Shack and got any kind of recording devices for any of the Rochas? BROCCHINI: No. McALLISTER: How about for Amber Frey? BROCCHINI: Yes. McALLISTER: Radio Shack? BROCCHINI: Yes. McALLISTER: Now, and then you were aware that Sharon Rocha, Brent Rocha, Amber Frey were calling Scott Peterson on the telephone in January? BROCCHINI: I know that they spoke on the phone, and I know Amber and Sharon had called Scott. I don't know if they were all recorded or not. McALLISTER: Okay. BROCCHINI: But I do know that they spoke on the phone. McALLISTER: At least with Amber Frey, you'd been involved with providing with one of the other officers -- I think it was Officer Buehler? BROCCHINI: Yes. McALLISTER: A device to record the conversation? BROCCHINI: Yes. McALLISTER: Or conversations. Now, do you remember approximately when that happened? BROCCHINI: When I got her that tape? McALLISTER: Yeah. BROCCHINI: Can I look in my report? McALLISTER: Sure. And I was only asking approximate date. BROCCHINI: I gave her my tape-recorder, and I went with her on December 30th -- I'm pretty sure it was December 30th Jon Buehler and I took her to Radio Shack where we purchased the equipment to hook up the tape-recorder. McALLISTER: Okay. And then were you involved in suggesting any topics to talk about with Scott Peterson when she called him? BROCCHINI: Well, he called her while we were there. McALLISTER: Well, I mean not just on a particular date. But were there times when you made suggestions about what she ought to talk about with Scott Peterson? BROCCHINI: I was present at meetings where we talked about that. McALLISTER: Okay. And what kind of things did you suggest that she talk about with you and another officer? Buehler was probably more her hammer, wasn't he? BROCCHINI: Buehler was more involved than that. I was present. It was more like -- my part of it was what not to talk about. I mean, what my suggestions were. McALLISTER: So what did you tell them not to talk about? DISTASO: Objection, Your Honor. At this point I'm going to object under 866. This is really trying to be more of a discovery hearing than a cross-examination of the direct. JUDGE: I'm overruling it, as you brought in from him the statements that the witness made. So it's relevant. Overruled. BROCCHINI: Well, my suggestions were don't let him know that we were tape-recording and we were there and we were -- and she had contacted us. McALLISTER: Okay. So you were trying to keep that a secret? BROCCHINI: Yes. McALLISTER: And probably that was part of the first conversations you had once you gave her your recording device; right? BROCCHINI: Yes. McALLISTER: I mean, you wanted to keep it quiet or at least not tip the hand or her hand that the police were involved with her at that stage; right? BROCCHINI: Yes. McALLISTER: Okay. But beyond that, weren't -- at least while you were present, weren't some topics or themes suggested to her, such as, well, you know, suggest maybe it was an accident and maybe something happened and, you know, maybe then he panicked? Do you remember that? BROCCHINI: No. McALLISTER: You don't remember any such conversation like that? BROCCHINI: I mean, that could have happened, but I don't remember it. I think we were not suggesting anything because we were letting him and her talk. It was after Laci was missing, and he wasn't talking about Laci; he was talking about himself and where he was in Europe. We were letting -- our suggestion to her was let him tell you everything about what was going on in the beginning, before she gave a news conference. McALLISTER: Okay. BROCCHINI: So we didn't want to tip our hand. We just let her -- McALLISTER: Well, how about this. Did you or another officer while you were there tell her at one point, well, let him think that we think you're a suspect and maybe then he'll feel sorry for you and then he'll take the rap, essentially? Do you remember that? BROCCHINI: I -- I -- kind of. Kind of. McALLISTER: Okay. BROCCHINI: I mean, I don't know if it ever happened on the phone, but in a -- we had a lot of people, you know, talking that might have came up. But I can't -- I never heard any of the conversations, very many of the conversations, so I can't say if that was ever even done. McALLISTER: Well, how many people were sitting around talking before one of these calls were being made? I mean, was it five, six? Just a number. BROCCHINI: Oh, no. Just -- there was -- when I say sitting around talking, and we talked about this a lot, every day. Sometimes there was maybe me and Craig and Jon. Sometimes other people would be involved. A lot of times Amber wasn't even there. McALLISTER: Okay. BROCCHINI: We were just trying to formulate a plan. I was never -- I didn't participate. I don't think I heard -- I think I heard maybe part of one or two conversations when Amber was actually talking to Scott, but we didn't want to make her nervous, and so most of us would just leave. McALLISTER: Okay. Were any notes ever written out to her while you were there about, hey, don't forget to ask him this or -- BROCCHINI: Oh, I think there was some notes. I saw that a couple of times. McALLISTER: Who was doing the writing? BROCCHINI: Jon would be writing -- McALLISTER: For the record, Jon is Buehler; right? BROCCHINI: Yeah, Buehler. Also Sharon Hagan from the Department of Justice, a psychologist -- not a psychologist, but -- I don't know. McALLISTER: Was she writing out stuff, too? BROCCHINI: Yeah. McALLISTER: Once in a while? BROCCHINI: Yeah. McALLISTER: Do you know if those are -- those written-out notes to Frey are preserved anywhere? BROCCHINI: I don't know. McALLISTER: Now, as far as Brent Rocha and Sharon Rocha, did you ever suggest any topics for them to talk about with Scott Peterson when they talked with him? BROCCHINI: No. McALLISTER: Nothing at all? BROCCHINI: I don't remember ever talking to Sharon or Brent about that. McALLISTER: Now, one question on the Amber Frey angle, you met with her and then gave her your recording device I think both on the 30th of December; correct? BROCCHINI: Yes. McALLISTER: Is that right? BROCCHINI: Yes. McALLISTER: And you've made all these suggestions -- did you explain how to record the conversation? BROCCHINI: I showed her how to use my equipment and how to use the equipment we bought. McALLISTER: At any time in that conversation or those conversations on the 30th of December, did Amber Frey tell you she was already recording Scott Peterson? BROCCHINI: She told me she wasn't. She wasn't. McALLISTER: You later found out that was a lie, didn't you? BROCCHINI: No. McALLISTER: You never heard that she was recording from the 16th of December on? BROCCHINI: No. I never heard that. McALLISTER: 'Til it came out of my mouth now, you never heard that? BROCCHINI: That's right. McALLISTER: And you certainly never heard it from Ms. Frey; correct? BROCCHINI: That's right. McALLISTER: Let's talk about you gave her your recorder. How many recorders do you have on you right now, tape-recorders? BROCCHINI: In my possession right this minute? McALLISTER: Yeah. BROCCHINI: None. McALLISTER: That's kind of out of character for you, isn't it? Don't you usually at least have one on you? BROCCHINI: I used to carry one in my pocket. I usually have one in my car for emergencies, and I have a couple in my desk. McALLISTER: Okay. But you commonly, when you're working, you commonly have one and sometimes two tape-recorders on you, don't you? BROCCHINI: No. McALLISTER: When you got the call and got over there to 523 Covena30 or so December 24th, did you have any tape-recorders on you at that time? BROCCHINI: I may have had one in my car, but I don't remember. I usually do have one in my car. McALLISTER: Did you have one on your person at all while you were walking around the residence at 523 Covena? BROCCHINI: No. Not that I remember. No. JUDGE: Talking about December 24th now? McaLLISTER: December 24th. Pardon me. McALLISTER: When you were walking through the house with Scott Peterson, did you have a tape-recorder on your person at that time? BROCCHINI: No. McALLISTER: When you went over to the warehouse the first time on December 24th, did you have a tape-recorder on your person then? BROCCHINI: No. McALLISTER: Now, you went -- you told us last Thursday, I think, you went all the way back to the Modesto Police Department where you realized that you'd actually left your notebook back at the warehouse; right? BROCCHINI: Yes. McALLISTER: Did you pick up a recorder when you were at the police department and before going back to retrieve your notebook? BROCCHINI: No. I didn't go in the police department. We didn't get out. I think we just got out of the car, got right back in it, and turned around and drove back. McALLISTER: So did you have a tape-recorder running while you had Scott Peterson in your car while you were driving to the warehouse and then to MPD and then to Dittos and then back to the warehouse? BROCCHINI: No. McALLISTER: So all of those conversations were not recorded? BROCCHINI: That's right. McALLISTER: Or, rather, none of those recorded -- none of those conversations were recorded. That's what you're telling us? BROCCHINI: That's correct. McALLISTER: What about the conversation that you told us about on the last date we were here about a conversation where a cadaver dog came up. Was that conversation tape-recorded? BROCCHINI: No. McALLISTER: Now, as we started -- I started asking you some questions about when -- now it's January. You started trying to find out who Scott's friends were; is that right? Talking to his friends? BROCCHINI: I think I started right away. It could have been even in December I was talking to his friends. McALLISTER: Okay. And you talked to the next door neighbor, right, Karen Servas? BROCCHINI: I talked to her. McALLISTER: Right? BROCCHINI: Uh-huh. McALLISTER: And Karen Servas lived right next door; right? BROCCHINI: That's right. McALLISTER: And this is the lady who found McKenzie, the dog with the wet and muddy leash; right? BROCCHINI: Yes. McALLISTER: And, now, when she was talked to on December 25th, Karen Servas told about the leash and also told about how excited Scott and Laci were about the baby soon to be born; right? DISTASO: Objection, Your Honor. Is this -- maybe I missed the question. Is this coming from a conversation the detective had with Ms. Servas? McaLLISTER: Detective Buehler. DISTASO: Yeah, I'm objecting that it's double hearsay. If he's going to read off the report, I'm going to object. McaLLISTER: I'm not offering it for the truth of the matter asserted. I'm asking it for motive, bias or interest. DISTASO: I'm still objecting it's double hearsay. You can't go two levels back. He can't testify what Detective Buehler spoke to this other witness is what I'm objecting to. JUDGE: What are you trying to get at, Mr. McAllister? Sounds like double hearsay. McaLLISTER: Well, let me ask the detective more directly. McALLISTER: When you talked with Karen Servas, was she -- did she tell you about how -- how much Scott and Laci were looking forward to the baby? BROCCHINI: Can I look at my report? McALLISTER: Sure. BROCCHINI: I don't think she ever told me that. I don't remember, if she did. McALLISTER: Okay. Well, all your report talks about is about how she on the 4th of January agreed, essentially, to become an informer for you; right? DISTASO: Objection. It's argumentative. JUDGE: Sustained. McaLLISTER: McALLISTER: Well, didn't Ms. Servas say that she would report to you anything that was going on next door with Scott Peterson? BROCCHINI: I may have asked her to call me and tell me if anything was going on. I don't -- the answer is no. She said she'd be a witness. McALLISTER: (Indicating to witness.) BROCCHINI: I see -- I got it right here, Mr. -- McALLISTER: You know what I'm talking about? BROCCHINI: It's just what I testified to. McALLISTER: "She said she would be willing to talk to us any time, and she will note any other unusual things that she sees or remembers." Right? BROCCHINI: And she's been good about that. McALLISTER: Oh, she's been real good about that. JUDGE: Just ask questions, Mr. McAllister. McaLLISTER: McALLISTER: She's called you a lot of times, hasn't she? DISTASO: Objection, Your Honor. Relevance. This is definitely beyond the scope of direct. JUDGE: Sounds like it. Sustained. McaLLISTER: McALLISTER: Now, did you also -- I mean, you called several other of his friends. Bruce -- or Brian Argain and telling Mr. Argain to -- asking him to call you and -- if he learned anything; right? BROCCHINI: Yes. McALLISTER: Brian Argain? BROCCHINI: Yes, I did. McALLISTER: And how about Aaron Fritz? And what you were trying to do with Mr. Fritz was to get information by having Fritz ask questions of his good friend Scott Peterson. Am I right? BROCCHINI: Both Aaron Fritz and Brian Argain both described themselves as Laci Peterson's good friends, and, yes, I did ask both of them and probably every other person I talked to to call and give me any information they could and to ask questions of him that I couldn't ask. McALLISTER: That frustrated you, didn't it, that you couldn't ask him questions? DISTASO: Objection, Your Honor. Irrelevant. JUDGE: Sustained. McaLLISTER: Goes to bias, motive or interest. JUDGE: What was that? I didn't hear the question. (Whereupon the reporter read the previous question as requested.) JUDGE: Still sustained. McaLLISTER: McALLISTER: You told Aaron Fritz or you wrote in your report about Aaron Fritz, "I was attempting to plant the seeds of suspicion in Aaron's head." Do you remember saying that? BROCCHINI: Yes. McALLISTER: That's I think almost a quote out of your report; right? BROCCHINI: I remember saying it. I don't remember if it's a quote. I'd have to look. McALLISTER: And then did -- and so that he would call Scott and question him about these various things that you wanted answered; right? BROCCHINI: Sounds right. McALLISTER: And then you asked Fritz to call you back when you got the answer? BROCCHINI: Yes. McALLISTER: And then with Fritz you even said, "And you can tell Peterson that I'm asking you these questions." Remember that? BROCCHINI: I remember telling that to somebody. It might have been Aaron Fritz. McALLISTER: You wanted Peterson to know that you were out there talking to his friends; right? BROCCHINI: I wasn't trying to hide the fact that I was out there talking to his friends or Laci's friends is what I should say. McALLISTER: Well, I mean, wasn't what you wanted to convey with that was that you wanted Fritz to get back to Scott Peterson the message "I'm out here waiting for you, Peterson"? BROCCHINI: No, I had a message -- I had a message and a motive for what I was doing, and it wasn't that. McALLISTER: You wanted to get information; right? BROCCHINI: Of course I did. McALLISTER: And you also wanted to cut off Scott Peterson from the friends that he'd had; right? BROCCHINI: No. That's not true at all. McALLISTER: Now, when you -- here's another one. Mike Richardson, remember talking with him? BROCCHINI: Several times. McALLISTER: Right. Now, and again, you encouraged Richardson to question Scott about, well, about the girlfriend issue, Amber Frey, when that came up; right? BROCCHINI: And other things. McALLISTER: All right. Now, specifically, I want to ask you about a conversation you had with him on the 17th of January. BROCCHINI: Go ahead. McALLISTER: You talked with him twice that day; right? BROCCHINI: 17th of January? McALLISTER: Yeah. BROCCHINI: Go ahead. Did I talk to him twice? Is that what you're asking me? McALLISTER: Well, let's not spend time on that. First time you talked to him, it's 6:40 in the morning; right? BROCCHINI: I think I only talked to him once, but go ahead. That is right. I talked to him 6:40 in the morning. McALLISTER: And you're already there at the police department working; right? BROCCHINI: I may have been on my way in on my cell phone, but I may have also been there. I can't say for sure. McALLISTER: Okay. And you asked him if he had seen The Modesto Bee. BROCCHINI: That's right. McALLISTER: Right? BROCCHINI: Yes. McALLISTER: Well, this gentleman lives somewhere -- I don't know where it is, but it's some city outside of Stanislaus County; right? BROCCHINI: Yes. McALLISTER: And, so I guess he hadn't -- the answer you got back, he hadn't seen The Modesto Bee? BROCCHINI: That's right. McALLISTER: And then you gave him the information, what, about how to see it online? BROCCHINI: Well, he said he saw the 11:00 o'clock news and told me a lot of things that were in The Bee, but I did tell him he could go online and read The Bee. McALLISTER: What you wanted him to see was The Bee's article from the 17th, which had the information about Amber Frey; right? BROCCHINI: Yes. McALLISTER: And about the insurance policy. You wanted him to see about that, too, didn't you? BROCCHINI: Yes. I wanted him to see the article. McALLISTER: Yeah. Well, the article -- well, you also encouraged him or his wife to call Sharon Rocha for further information. BROCCHINI: That's right. McALLISTER: You further said Scott is not welcome in any of Laci's friends or family's homes right now; right? DISTASO: Objection, Your Honor. Relevance. Beyond the scope of direct. JUDGE: Sustained. I think we're getting out of the direct area, Mr. McAllister. McaLLISTER: Well, this goes to -- I'll cut to the aspect I want to get to, Your Honor. McALLISTER: The information about the insurance policy, that was part of The Modesto Bee article that you wanted him to take a look at; right? BROCCHINI: Yes. McALLISTER: And that was the article that said that Scott had taken out an insurance policy on his wife last summer after she got pregnant; right? DISTASO: Your Honor, I'm renewing the same objection. It's basically been the same questions. The objection was previously sustained. JUDGE: I'm sustaining it again, Mr. McAllister. Move on. McALLISTER: Did you -- the information about the insurance policy that you talked with Mr. Richardson about, that was false, wasn't it, that the insurance had recently been obtained? BROCCHINI: I don't know when -- I don't know. Are you asking me, when I said that to him, did I know it was false? Absolutely not. McALLISTER: Well, you learned it was false at some point, didn't you? BROCCHINI: I think he has an insurance policy out on her for 250,000. McALLISTER: Okay. BROCCHINI: I mean, I think he does. McALLISTER: Right. I'm asking you about the "recently obtained" aspect of it. BROCCHINI: Define "recently." McALLISTER: You knew from documents that have already been received that the policy had been taken out with an effective date of January 25th, 2001, a year and a half before that. BROCCHINI: I knew it was taken out a while back before. I didn't know it was January 2001, and I really didn't care when I was telling him to read the article. McALLISTER: You wanted him to believe that Scott's -- Scott had maybe a double motive in getting insurance proceeds and that would further alienate Mr. Richardson from Scott Peterson. Wasn't that your motive? BROCCHINI: No, I was not trying to alienate Mike Richardson from Scott Peterson. McALLISTER: Well, you were trying to poison his mind against Scott Peterson so that he would further question Scott Peterson on your behalf about things you wanted answers to; right? BROCCHINI: No. McALLISTER: Well, later that same day, on the 17th of January, you were -- you called him back, didn't you? BROCCHINI: Yes, I did. McALLISTER: To see if he had read the paper; right? BROCCHINI: Yes. McALLISTER: And then you -- in that paragraph, you say, "I encouraged him to question Scott regarding Laci's disappearance"; right? BROCCHINI: I did. McALLISTER: And you did that -- you also talked with other friends of Scott Peterson about getting information; right? BROCCHINI: I tried to talk to every one of Laci's and Scott's acquaintances and friends in an attempt to help me find what happened to Laci. Yes, I did. McALLISTER: And you were willing to lie to them to get them to further your investigation? DISTASO: Objection, Your Honor. McaLLISTER: Well, let me ask you another question. McALLISTER: April 7th, you talked to Heather Richardson, this would be the wife of Mike Richardson; right? DISTASO: Objection, Your Honor. Goes beyond the scope of direct. JUDGE: Overrule that. BROCCHINI: I talked to Heather a lot. Well, not a lot, but I did talk to her a few times. What was the date, Mr. McAllister? McaLLISTER: McALLISTER: 7th of April. BROCCHINI: Go ahead. McALLISTER: Well, when you talked with Heather Richardson that day, you made it clear to her, according to your report, you made it clear to her that the Modesto Police Department detectives were not focusing on Scott Peterson as a suspect? (Pause.) JUDGE: Why don't we take our evening recess here. Staff informed me that one of the parties wants to stop promptly at 4:00. We'll stop at 4:00 today. Also, tomorrow we'll start at 9:30. I have a commitment, so we'll stop promptly at 4:00 o'clock tomorrow. GERAGOS: Thank you. JUDGE: See you tomorrow morning at 9:30. (Evening recess 4:00 p.m.)
Thursday, November 13 JUDGE: Recall the matter of Peterson, case number 1056770. All parties are present. You may continue the cross-examination of Detective Brocchini -- McALLISTER:Thank you, Your Honor. JUDGE: -- Mr. McAllister. ALLEN BROCCHINI, called as a witness for and on behalf of the People, having previously been duly and regularly sworn, resumed the stand and testified further as follows: CROSS-EXAMINATION (CONTINUED) McALLISTER: Detective Brocchini, when you were being asked questions by Mr. Distaso last Thursday, you said that your job as the investigator was -- and this was standard practice -- was to eliminate Scott Peterson as a suspect; is that right? BROCCHINI: That was one of my primary responsibilities. McALLISTER: And now -- but that changed, didn't it? This got personal, didn't it? DISTASO: Objection, Your Honor. It's argumentative. JUDGE: Sustained. McALLISTER: During the times when you talked to some of these witnesses or other people who knew Scott Peterson, did you ever tell one of them that you were going to take Scott Peterson down? DISTASO: Objection, Your Honor. It's argumentative and it goes beyond the scope. JUDGE: Overruled. BROCCHINI: No. I don't think so. McaLLISTER: McALLISTER: Did you ever tell one of these people of Scott Peterson's friends that you were going to get Scott Peterson? BROCCHINI: No. McALLISTER: Did you -- specifically, I want to ask you about Aaron Fritz. That was the gentleman I referred to yesterday. You remember talking to him; right? BROCCHINI: Yes. McALLISTER: Those were all phone conversations? BROCCHINI: Yes. McALLISTER: And were you recording those phone conversations? BROCCHINI: Not that I know of. I may have recorded one, but I don't remember. I don't know. McALLISTER: Okay. Typically, in those conversations, you weren't recording them all, were you? BROCCHINI: No. McALLISTER: Then my question: Do you know if Mr. Fritz was recording your calls? BROCCHINI: I have no idea. McALLISTER: Thinking about it now, do you have a recollection of telling Mr. Fritz that you were going to get Mr. Peterson? BROCCHINI: No. McALLISTER: Do you have a recollection of telling Mr. Fritz words to the effect that you were going to take him down? BROCCHINI: No. I know I probably told him, "I'm going to get who got Laci." I probably told that to everybody. We're going to get to the bottom of this. But I'm fairly certain I never said, "I'm going to get Scott Peterson." McALLISTER: But Fritz is the same gentleman you told us yesterday you were trying to "plant the seeds of suspicion," your words, in his mind. DISTASO: Objection. Asked and answered. McaLLISTER: McALLISTER: Right? JUDGE: Sustained. McaLLISTER: McALLISTER: When you were planting the seeds of suspicion in Fritz's mind, do you have a recollection that you also told him that you were going to get Scott Peterson? DISTASO: Objection. Asked and answered. JUDGE: It's asked a little differently. Overruled. BROCCHINI: No, I never said that. I never -- McALLISTER: You never -- when you were planting the seeds of suspicion with Mr. Fritz, you never suggested to him other possible suspects who might have abducted Laci; is that correct? BROCCHINI: Did I suggest them or did I tell him that we were working on other possible suspects? Because I did tell him that. McALLISTER: You did tell him you were working on other possible suspects? BROCCHINI: Well, no. I told him that we were working on every lead that was coming in, and there was a lot of leads coming in and I told him we were working on everything. McALLISTER: Okay. But when you refer to planting the seeds of suspicion, your intent there was to raise doubts in his mind not about some other suspect somewhere, but about Scott Peterson. That was your tactic; right? BROCCHINI: I had a reason for doing that, and that wasn't it. McALLISTER: You wanted to ultimately get information from Scott Peterson through Fritz; right? BROCCHINI: Well, I wanted to get information from all of them, but that isn't why I planted the seeds of suspicion. McALLISTER: You wanted to turn Fritz against Scott Peterson; right? BROCCHINI: I didn't plant seeds of suspicion to turn Fritz from Scott Peterson. I had a reason and that wasn't it. McALLISTER: When you -- but you didn't suggest any other suspects when you were planting those seeds; right? BROCCHINI: When I was planting those seeds, I was just planting seeds of suspicion regarding Scott Peterson. McALLISTER: Regarding Scott Peterson, and only Scott Peterson; right? BROCCHINI: I planted seeds of suspicion regarding Scott Peterson, but I did talk about other leads. I let Fritz and everybody know that this wasn't -- we weren't zeroed in on anybody. We still had an open mind. McALLISTER: When you -- but, in fact, you were zeroed in on Scott Peterson; is that correct? BROCCHINI: Are you asking me my opinion? McALLISTER: Were you -- was your -- your intent was to put Scott Peterson in jail; right? BROCCHINI: No. My intent was to catch -- like I told Scott that night, to get whoever got Laci. That was my intent and still is. McALLISTER: And to eliminate him as a suspect; right? BROCCHINI: That's right. McALLISTER: Now, you even tried to get Scott fired from Trade Corp. DISTASO: Objection, Your Honor. Relevance. McALLISTER:Goes to motive, bias and interest, Your Honor. JUDGE: Overruled. BROCCHINI: I don't know if I tried to get Scott fired. I mean, I talked to Trade Corp. about some suspicious dealings that appeared suspicious to us. And, yeah, I did talk to Trade Corp. about that. McaLLISTER: McALLISTER: Now, you were having conversations with Trade Corp. -- now, Trade Corp. was Scott Peterson's employer at this time; right? BROCCHINI: Yes. McALLISTER: And that was a foreign corporation; right? It was headquartered somewhere like Spain or someplace; right? BROCCHINI: Yes. McALLISTER: And the warehouse that we've been talking about, that was the Trade Corp. warehouse; right? BROCCHINI: For America, yeah. McALLISTER: Right. Now, your conversations were with -- about -- with the Trade Corp. people primarily were with their corporate attorney; right? BROCCHINI: I spoke to Scott's boss, and I spoke to the corporate attorney, and I spoke to the accountant. McALLISTER: Okay. And you presented them with records that you thought looked suspicious in terms of expenditures; right? BROCCHINI: That's right. McALLISTER: And, in fact, to get those records, you actually called in the power of the FBI to subpoena records to the federal grand jury in Fresno to question the propriety of his expenditures with Trade Corp. Am I right? DISTASO: Objection, Your Honor. Relevance. McALLISTER:Goes to motive, bias and interest, Your Honor. DISTASO: That they used the FBI, grand jury process, how is that relevant? How is that relevant to motive or bias? McALLISTER:Means he's going -- JUDGE: Overruled. BROCCHINI: The answer's no. I didn't use the FBI. I got consent from Trade Corp. I got a consent letter from Spain to the corporate attorney and to the accountant, and it was -- they consented to allowing us to looking at those records. McALLISTER: Did you -- did you serve a search warrant on Trade Corp. for their records? BROCCHINI: No. Not that I know of. I'm fairly certain I got consent. McALLISTER: Did you supply a list of charges, Trade Corp. charges, to FBI Special Agent Scott and have him subpoena the underlying documents supporting those transactions? BROCCHINI: I'm not sure where you're going. I don't understand your question. I know Trade Corp's documents came via consent. If you're talking about Scott Peterson's documents, like his check and his checkbook, is that what you're asking? McALLISTER: No. Once you had some charges that you found from Trade Corp. or on Trade Corp. accounts or credit cards, did you then reflect on your February 5th report that you supplied the list of charges to FBI Agent Scott, who said he would subpoena those to confirm what items had been purchased? BROCCHINI: May I refer to the report that you're referring to? McALLISTER: Sure. BROCCHINI: Do you know which one it is? McALLISTER: February 5th is what I've got. BROCCHINI: Can you ask me the question again, Mr. McAllister? McALLISTER: Yeah. Did you supply a list of charges on Trademark -- Trade Corp. accounts or credit cards to FBI Agent Scott for the purpose of him subpoenaing those businesses to confirm what the charges reflected? BROCCHINI: No. McALLISTER: Did you have any conversations at all with FBI Agent Scott? BROCCHINI: Yes. McALLISTER: Relating to Trade Corp. expenditures? BROCCHINI: The way I remember, it was all related to personal credit cards and checking accounts. I don't remember any Trade Corp. stuff. I do remember giving Terry Scott like all of the VISAs, all of the, you know, purchases like from Home Depot, Orchard Supply, any hardware store. And from what I remember, they were all on Scott's personal account, and I asked Scott to, you know, subpoena the records from Home Depot, Orchard Supply, or a few other businesses I don't remember off the top of my head, to see what those purchases were for. McALLISTER: Lowe's? BROCCHINI: Lowe's, that's right. McALLISTER: But that was for the purpose of seeing if you could find some kind of impropriety in how Scott Peterson was spending Trade Corp. money; right? BROCCHINI: No. I had a purpose, but that wasn't it. McALLISTER: And then during all this time, when you're talking to the corporate attorney, you're telling him, "Now, don't tell McAllister about anything we're talking about"; right? DISTASO: Objection, Your Honor. Relevance. JUDGE: Sustained. McaLLISTER: McALLISTER: This is what I'm asking you about. It's the heading that starts out "Agent Terry Scott." And I guess that's that FBI agent? BROCCHINI: Uh-huh. McALLISTER: "On Wednesday, February 5th, I supplied the list of charges to Scott." "Scott" meaning Agent Scott? BROCCHINI: That's right. McALLISTER: "Scott," meaning Agent Scott, "said he would subpoena these businesses to confirm the items purchased." BROCCHINI: That's what I testified to. McALLISTER: Right? BROCCHINI: That's right. McALLISTER: And was that subpoena -- that was through that federal grand jury subpoena; right? BROCCHINI: Agent Scott used the federal grand jury to subpoena those records. McALLISTER: Thank you. And then ultimately you presented what you -- what you found in that investigation to Trade Corp. through its corporate attorney; right? DISTASO: Objection, Your Honor. Relevance. JUDGE: Overruled. BROCCHINI: No. McaLLISTER: McALLISTER: Did you -- BROCCHINI: I presented stuff to Trade Corp. It had nothing to do with those purchases. It had something to do with something else. McALLISTER: The answer that you got back -- you did get an answer back from Trade Corp.; right? BROCCHINI: Not regarding what we're talking about. McALLISTER: On the 19th of March, didn't you get an e-mail from Ross Lee, the corporate attorney, saying that there had been an internal analysis done of these expenditures which verified that they were appropriate? DISTASO: Objection, Your Honor. Calls for hearsay. JUDGE: Sustained. McaLLISTER: McALLISTER: Were you disappointed when you got that e-mail from Mr. Lee? DISTASO: Objection, Your Honor. It's irrelevant. JUDGE: Sustained. McaLLISTER: McALLISTER: Was your purpose in trying to get Mr. Scott Peterson fired because you thought that maybe, if his one tie left to Modesto was not there, that maybe he would flee? DISTASO: Objection, Your Honor. It's not relevant. JUDGE: Sustained. McaLLISTER: McALLISTER: Your biggest fear as you were doing this investigation -- now, your investigation starts December 24th; right? BROCCHINI: Yes. McALLISTER: The month of January passes. Scott Peterson's not arrested. Right? BROCCHINI: Right. McALLISTER: February passes. No arrest. Right? BROCCHINI: Right. McALLISTER: Meetings. Investigation. Meeting with the DA's. March. March comes and goes. More meetings and still no arrest. Right? BROCCHINI: That's right. McALLISTER: Now, throughout this time, your biggest fear was that this case would get solved by someone else, wasn't it? DISTASO: Objection, Your Honor. It's argumentative. It's not relevant what his fear was or wasn't. JUDGE: Goes to bias. Overruled. McaLLISTER: McALLISTER: Right? BROCCHINI: No. My biggest fear was that Laci and Conner wouldn't have came up. McALLISTER: Well, from early on in your dealings and your talking with all the other detectives, you learned that there was a parallel investigation going on? There was an investigation being done by a private investigator and by me. You knew that, didn't you? DISTASO: Objection, Your Honor. Relevance. JUDGE: Overruled. McaLLISTER: McALLISTER: Go ahead. BROCCHINI: I learned about that. McALLISTER: Well, you had -- there were instances where you and your -- at least your fellow officers, would go out and talk to a witness and the witness would present them with one of Mr. Ermoian's business cards; right? DISTASO: Objection, Your Honor. Relevance. JUDGE: Overruled. BROCCHINI: Yeah. McaLLISTER: McALLISTER: Diane Jackson; right? BROCCHINI: I never spoke to Diane Jackson. McALLISTER: No. But you learned that she'd already been talked to by Mr. Ermoian, the private investigator; right? BROCCHINI: That's right. McALLISTER: How about Ann Hardinger, the Berkeley harbormaster? Phil Owen goes to talk to her, and she presents one of Mr. Ermoian's business cards; right? DISTASO: Objection. Calls for hearsay, double hearsay. McALLISTER:I'm not offering it for the truth of the matter asserted. JUDGE: Sustained. McaLLISTER: McALLISTER: Now, that worried you, didn't it? DISTASO: Objection, Your Honor. Relevance. McALLISTER:Goes to motive, bias or interest, despite Mr. Distaso's objection. JUDGE: Sustained. I'll let you have some leeway but -- McALLISTER:As the investigating officer, Your Honor, I think we're entitled to wide leeway on the issue of bias. DISTASO: Your Honor, I think we've gone way wide, you know, very wide already. JUDGE: Let's hear the question and then I'll rule on it. McaLLISTER: McALLISTER: Surveillance was being conducted at my office during this four-and-a-half-month period, wasn't it? DISTASO: Objection, Your Honor. Relevance. McALLISTER:No. JUDGE: Sustained. McALLISTER:Your Honor, it goes to the motive, bias or interests of this officer. JUDGE: It also goes to possible investigation of any type. Let's get to the questions that go to bias and interest or other motive. McaLLISTER: McALLISTER: Let me ask you a question that I asked you last Thursday and you didn't answer. Were you and your officers following my pickup truck? DISTASO: Objection, Your Honor. Relevance. JUDGE: Sustained. McALLISTER: Well, Your Honor, that -- JUDGE: I'm not going to let you go into every aspect of the investigation. You get to some point to show that he's doing something out of the ordinary, I'll let you ask that. McALLISTER: Out of the ordinary? How about this? McALLISTER: Busy as you were, you pretended to be a tipster phoning in tips to the Laci Tip Line that Jackie Peterson, Scott's mother, and Scott Peterson set up. Am I right? BROCCHINI: I phoned one tip in. I copied a tip we received, and I just phoned it in, the exact same tip we got, to see if they would follow up on it or pass it on to us. McALLISTER: Well -- BROCCHINI: That took me about a minute. McALLISTER: Well, you were worried that tips would be coming in and followed up by someone other than you or your officers; right? BROCCHINI: I was worried, but it wasn't about that. I was worried a good tip would come in and it wouldn't get followed up on. McALLISTER: And in terms of that tip line, once again, you called Mr. Scott, the FBI agent, and had him use that federal subpoena to subpoena the records of the -- whatever it was called -- Laci Info. Tip Line, the Jackie Peterson tip line, didn't you? BROCCHINI: I asked him to do it. I don't know if it was done, but I wanted that done. McALLISTER: You wanted it done, because you wanted to know all the tips that were coming in there; right? BROCCHINI: I was following up on every tip there was, and I wanted to know if he was getting tips we weren't getting. McALLISTER: Because if there was any tip of any sort that seemed to be legitimate, you wanted to follow up on it; right? BROCCHINI: I wanted it followed up on. I can't say I wanted to do it. I know for sure I didn't want to follow up on it. McALLISTER: No, but I mean, even if it wasn't personally you doing it. If there was a legitimate -- seemingly legitimate tip that came in and you happened to be around, you would make sure that somebody else picked up the ball if you were unable to; right? BROCCHINI: Yeah. McALLISTER: I mean, you happened to be there. You told us you happened to be there when this Amber Frey called in? BROCCHINI: That's right. McALLISTER: And that was just happenstance that you happened to be there. But when that came in, that seemed to be worth paying some attention to; right? BROCCHINI: That's right. McALLISTER: And so you acted on it? BROCCHINI: That's right. McALLISTER: And if you had been busy doing something else or called away, you would have made sure somebody else acted on it? BROCCHINI: That's right. McALLISTER: When you called yourself a "core detective," is that -- I mean, with that, does that have some authority that you can make sure that other people are following up on things, if you were unable to, because of the volume of work that you're doing on this case? BROCCHINI: I don't think the name "core" has anything to do with that. As a detective on any case, if I need help, I can ask for it. McALLISTER: Okay. BROCCHINI: And another detective or another officer will help me. McALLISTER: Okay. Now, what color's my pickup truck? DISTASO: Objection, Your Honor. It's not relevant. JUDGE: Sustained. DISTASO: Although, if Mr. McAllister wants to be sworn and testify to that, I guess I don't have any objection to that. McaLLISTER: McALLISTER: Have you seen my pickup truck? DISTASO: Objection. It's not relevant. JUDGE: Sustained, Mr. McAllister. Let's move on. McaLLISTER: McALLISTER: Okay. So the -- your interest then was following up all legitimate leads and still eliminating Scott as a suspect? DISTASO: Objection, it's been asked and answered numerous times and ways. JUDGE: Yeah, sustained. McaLLISTER: McALLISTER: So let's go to February 27th. You open your binder, but I will challenge you to find a report about this one. BROCCHINI: I am just getting prepared. McALLISTER:February 27th, Modesto Bee comes out. Ask that this be marked next in order. CLERK: Exhibit Z (Defendant's Exhibit Z was marked for identification.) CLERK: Exhibit Z. GERAGOS: Z? CLERK: Z. DISTASO: Give me a second, Mr. McAllister. (Reading Exhibit Z.) DISTASO: Okay. Thanks. McaLLISTER: McALLISTER: I'm showing you the Exhibit Z, and this is the -- this is just the front and back page of The Modesto Bee for February 27th. There's a story on the Peterson case on that right column. You see that? BROCCHINI: I see it. McALLISTER: And have you seen that story before? DISTASO: Objection. Relevance to stories in The Modesto Bee. JUDGE: Overruled. BROCCHINI: I've seen it. McaLLISTER: McALLISTER: Okay. Now, that's a story -- and, of course, the title is "No Call Back on Sighting of Laci," but this is information from Bill and Vivian Mitchell; correct? BROCCHINI: Yes. DISTASO: Objection, Your Honor. Calls for hearsay. JUDGE: Sustained. McALLISTER:When you -- DISTASO: I move to strike the detective's answer. JUDGE: I didn't hear it, but it's stricken if there was one. McALLISTER: Well, did you read this article? DISTASO: Objection, Your Honor. Relevance. JUDGE: Overruled. BROCCHINI: Yes. McALLISTER: I mean, did you read it -- you were reading Bee articles daily; is that right? BROCCHINI: I can't say that, but I read a lot of them. McALLISTER: For instance, we called talked about yesterday, you were calling Mike Richardson at 6:40 in the morning telling him to read The Modesto Bee when he didn't even live in Modesto. I mean, you were reading these things back then; right? BROCCHINI: Yeah, I didn't read every one of them, but I read them. McALLISTER: When you read the articles about the Mitchells, did that seem inconsistent with the investigation that you had done? DISTASO: Objection, Your Honor. That article calls for hearsay. McALLISTER:It's not being offered for the truth of the matter. DISTASO: Then, I guess, what's it being offered for? JUDGE: I'll allow it. Overruled. BROCCHINI: No, I didn't. McALLISTER: Well, you have established in your investigation, and had by that point, Scott Peterson's whereabouts from approximately 9:30 in the morning to 4:30 or 5:00, whenever he gets home; right? BROCCHINI: Yes. McALLISTER: And the phrase "time line," you know what that is; right? BROCCHINI: Yes. McALLISTER: And, in fact, you had actually told this to Aaron Fritz. You were satisfied with the time line from 9:30 on, but you needed to know more about what happened before then? BROCCHINI: Yes. McALLISTER: Is that correct? BROCCHINI: Sounds right. McALLISTER: Okay. So that the information that you read in The Modesto Bee on February 27th has somebody there talking about seeing Laci walking around the La Loma neighborhood at a time when you can account for Scott's whereabouts; right? DISTASO: Objection. Calls for hearsay. JUDGE: I don't understand what you're trying to get at, Mr. McAllister. You've been going on cross-examination for well over two and a half hours. McALLISTER:Well, if -- JUDGE: Let's get focused. McALLISTER:Well, the focus is, Your Honor, it is absolutely inconsistent that Laci Peterson could be walking around a La Loma neighborhood at the hour the Mitchells said if Scott Peterson had anything to do with her disappearance. Right? DISTASO: Objection. It's argumentative. The thing is the answers from the Mitchells -- if they want to call the Mitchells to the hearing, they can. JUDGE: I've heard enough, Mr. Distaso. Sustained. If you want to bring that evidence in, the Court will consider that. Whether or not it affects his investigation or not, I can't see how that goes to bias or interest. McALLISTER: Well, in your statement earlier that you wanted to check out every lead, upon reading this article, which we have as Exhibit Z, from The Modesto Bee, February 27th, did you go out to talk to these people, the Mitchells? BROCCHINI: No. McALLISTER: Did you tell one of your other detectives, hey, you better get out and talk to these people? BROCCHINI: No. McALLISTER: You didn't want to hear what these people had to say, because it was inconsistent with your theory; right? DISTASO: Objection. It's argumentative. JUDGE: Yeah, sustained. McALLISTER: And you started opening your binder there. You have no report about the Mitchells because you never did talk to them; is that correct? BROCCHINI: That's correct. McALLISTER: How long did it take you to drive over to the -- from your station to Peterson neighborhood? Ten minutes? BROCCHINI: Probably. McALLISTER: It would be accurate to say that you spent more time posing as a tipster, phoning in tips to the Jackie Peterson tip line than you did checking out the Mitchells? DISTASO: Objection. McALLISTER: Is that accurate? DISTASO: Objection. It's argumentative. JUDGE: Sustained. McALLISTER: Another name: Homer Maldonado. Did you ever go talk to that gentleman? BROCCHINI: No. McALLISTER: Or his spouse? BROCCHINI: No. McALLISTER: Did you ever see that name come up in the sort -- in the progress of your investigation? BROCCHINI: Yes. McALLISTER: And, just for your information, that was someone who said that they had seen Laci walking in the neighborhood at a point where you knew Scott to be over at the warehouse? BROCCHINI: That isn't what they said when they called us. That is what The Bee reported two months later. McALLISTER: Okay. So I guess then you really wanted to burn up the rubber and get over there and see what really they meant; right? BROCCHINI: No. McALLISTER: But you never did anyway; right? BROCCHINI: No. McALLISTER: Never went over to talk to them? BROCCHINI: I didn't. McALLISTER: Did you -- did one of your fellow officers go over at your urging to talk to them? BROCCHINI: Did somebody talk to them? I don't know. At my urging, no. McALLISTER: You didn't want to hear it. DISTASO: Objection. It's been asked and answered. It's argumentative, also. JUDGE: Sustained. McALLISTER: No other questions.
Re-direct Examination JUDGE: Mr. Distaso. DISTASO: Thank you, Your Honor. REDIRECT EXAMINATION DISTASO: Detective, let's go back. Early on in the cross-examination where the -- Mr. McAllister was asking you about what you said to the defendant regarding taking pictures and collecting evidence there at the house. Did you ask him specifically if CSO or Community Service Officer Lovell could take pictures at his house? BROCCHINI: Yes. DISTASO: What did he say to that? BROCCHINI: Take pictures in his house. DISTASO: That's what I meant. BROCCHINI: He said yes. DISTASO: And do you remember exactly what you said regarding Mr. Lovell looking for or collecting any evidence? BROCCHINI: Do I remember my exact words? No. I know what my intent was but -- DISTASO: What -- the words you wrote in your report, can you read those again? BROCCHINI: "Is it okay if Doug Lovell goes in and takes pictures and looks for evidence?" DISTASO: Okay. When you said look for any evidence, did you -- what was your intent with that? McALLISTER: Object to that. It's irrelevant what his intent was. JUDGE: Sustained. DISTASO: Did -- have you ever told Investigator Lovell or CSO Lovell before to look for evidence prior to this case? McALLISTER: Objection. Irrelevant. JUDGE: Overruled. BROCCHINI: I've told a lot of people to look for evidence. I mean, if you're going to ask me a specific date and time I told Lovell, but, as a CSO, on many crime scenes, yeah, I've told him to look for evidence. DISTASO: Okay. And when -- as part of the -- are you aware of what the procedures are at the Modesto Police Department if a CSO or evidence tech is looking for evidence and locates something that they think is evidence? BROCCHINI: Yes. DISTASO: What do they do? BROCCHINI: They collect it. DISTASO: When -- when you met the defendant's dog, do you remember what the dog's name was? BROCCHINI: McKenzie. DISTASO: And are you -- are you familiar with dogs in the sense that, I mean, do you have dogs or you've dealt with dogs in the past? BROCCHINI: Yes. DISTASO: Okay. Can you tell the Court, what was the circumstances of meeting McKenzie? Just what happened? McALLISTER: Objection. Asked and answered. DISTASO: Well, I don't -- JUDGE: It's been so long ago, I'll overrule that. BROCCHINI: I opened the French doors that lead into the backyard, and I stepped out onto the patio, and I bent down and I said hello to McKenzie. DISTASO: Okay. Did the dog come over? BROCCHINI: Yes. DISTASO: And where was the defendant when this was going on? BROCCHINI: Standing behind me and the doorway. DISTASO: How far outside of the house were you? BROCCHINI: Six or seven feet. DISTASO: And what did you -- what did the defendant say when the dog came over? BROCCHINI: That was unusual. DISTASO: Did he say why that was unusual? McALLISTER: Objection. Hearsay. JUDGE: Overruled. I'll allow it. Go ahead. BROCCHINI: We -- before he said how protective it was. He didn't say why, but my -- McALLISTER: Objection. Then the question's asked, he's answered it. JUDGE: Sustained. DISTASO: Did he say any other words other than, "That's unusual"? BROCCHINI: No. No. DISTASO: The fishing license that were found, do you have a list of all of the fishing license that were found, either during the -- at any time during the investigation at either the defendant's home or that the defendant handed to you? BROCCHINI: Yes. DISTASO: And what all -- what were all the fishing license found? BROCCHINI: Well, on the 26th, Scott handed me a two-day fishing license. DISTASO: And what were the dates for that license? BROCCHINI: It was valid for 12/23, 12/24. On the 27th, Detective Ruskamp and I recovered a two-day fishing license from a duffel bag that was in the shed in the backyard, and it was valid for 8/30 and 8/31 of 2002. On the 27th, Detective Dodge Hendee recovered a 1999, two-day fishing license from Scott Peterson's glove compartment, valid for October 16th and October 17th of '99. On 12/27, Detective Hendee recovered a two-day fishing license from the boat that was inside the green bag inside the boat, valid for 7/23 and 7/24 of 1999; and on 12/27, Detective Hendee recovered a year-long fishing license for 1994 out of the glove compartment of Scott's truck. DISTASO: Now, Mr. McAllister asked you a number of questions about the comment that the defendant made to you about the electricity in the shop. When you went to the shop area, when that comment was made, where were you located? BROCCHINI: In the office. DISTASO: And when you were in the office of the shop, was the office the main focus of your interest? BROCCHINI: No. DISTASO: What was the main focus of your interest? BROCCHINI: The boat, seeing the boat. DISTASO: And the boat, of course, was located in the warehouse? BROCCHINI: Yes. DISTASO: And did you make a distinction in your mind or did you even consider whether the electricity worked in the office versus the shop? BROCCHINI: No. DISTASO: Now, when you went into the shop area, were you able to sufficiently light it -- McALLISTER: Objection. Leading question. JUDGE: Sounds like it's going to be. DISTASO: How -- how did you light up the area in the shop? BROCCHINI: With my -- with my headlights on my car and my flashlight. DISTASO: Okay. Did you feel the light was sufficient that you could see or at least the boat that you were looking at? BROCCHINI: It's all I had at the time that I thought, and it was sufficient for -- you know, I couldn't have any more. So -- DISTASO: When you were looking at the boat, did you look -- did you extensively search the boat? What I mean by that, did you search the boat as if you were executing a search warrant on the boat? BROCCHINI: No. DISTASO: Did you ever actually climb inside the boat? BROCCHINI: No. DISTASO: Did you physically touch anything in the boat? BROCCHINI: Yes. DISTASO: And what was that? BROCCHINI: The fishing box. DISTASO: And where -- do you remember in the boat where the fishing box was? BROCCHINI: It was just inside the left side of the boat between the seat, the front seat and the back seat. DISTASO: Okay. Did -- and did you open the fishing box? BROCCHINI: Yes, I did. DISTASO: And then after you'd looked inside, then did you close it? BROCCHINI: Yes, I did. DISTASO: Did you look under the seats of the boat? BROCCHINI: No. DISTASO: In the sense, I mean, did you get down there and physically eyeball underneath the seats? BROCCHINI: No. DISTASO: Did you ever reach your hand and kind of sweep around under the seats? BROCCHINI: No. DISTASO: In your report, you listed a number of items that you saw in the boat. Was that every item? Did you list every item that you saw? BROCCHINI: No. DISTASO: And why did you pick the particular items to list? BROCCHINI: They just stood out. I mean, they stood out. DISTASO: Other than touching the tackle box or the fishing box, tackle box, whatever you want to call it, did you touch any other items? BROCCHINI: No. DISTASO: You said previously that you placed your notebook in the boat; is that right? BROCCHINI: Yes. DISTASO: Do you remember where you put it? BROCCHINI: I just remembered I put it on the left side of the boat, somewhere near the edge on a seat. I thought I put it on the second seat. DISTASO: Did you see the pliers? Let me ask you this. Eventually, are you aware of what were -- were a pair of yellow-handled pliers found in the boat? BROCCHINI: Yes. DISTASO: Did you see those pliers in the boat on the 24th? Did you physically eyeball them on the 24th? BROCCHINI: No. DISTASO: Did you see them later in a photo that you'd taken of the boat? BROCCHINI: Yes. DISTASO: From the 24th? BROCCHINI: Yes. DISTASO: And then when did you determine that the pliers were important or had some interest to you? BROCCHINI: On February 11th. DISTASO: And what was it on February 11th that made you realize that the pliers, you know, had some interest to you? BROCCHINI: Detective Grogan and I were -- and I think the sergeant, we were in a room, and we're looking at all the photos we had taken from all of the search warrants and just kind of hashing over what's been done; and we came across a photo of number 144-A, and it was a pair of pliers with a big long hair sticking out of it. DISTASO: Then after you saw that, did you go back then and look through the photographs to see if those pliers were anywhere in the photographs that you took? BROCCHINI: Yes. DISTASO: Now, what detective was responsible for getting all of the photos that were taken in the entire case, getting them together and sending them to my office for discovery? BROCCHINI: Detective Rudy Skultety. DISTASO: Did you ask him approximately how many photos total were taken in the case? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He said there was -- as of today or yesterday, there was between 13 and 1,400 digital photos and about a thousand 35-millimeter photos. DISTASO: And do you know how those photos were provided in discovery to us? BROCCHINI: Yes. DISTASO: How was that? BROCCHINI: Digital format on a CD. DISTASO: Did that include the 35-millimeters as well? BROCCHINI: Yes. DISTASO: Now, when you took the pictures in the defendant's shop on the 24th, where did you get that camera from? BROCCHINI: A patrol officer that was working patrol, Doug Ridenour Jr. DISTASO: Did you ever change the camera's film during the time you were taking the pictures? BROCCHINI: No. DISTASO: Now, are you aware of last Friday, did Detective Grogan and Detective Skultety take your original negatives from that film out of evidence and have them developed into prints at the Camera Center? BROCCHINI: Yes. DISTASO: Did you talk to them about it? BROCCHINI: Yes. DISTASO: And did you compare the original negatives that you had taken with the prints that they had made? BROCCHINI: Yes. DISTASO: What I mean by that, did you look at the negatives and compare them with the prints? BROCCHINI: Yes, I did. DISTASO: And see -- were they -- were these prints the prints of the negatives that you took? BROCCHINI: Yes. DISTASO: Let me show you some photos. JUDGE: You want those all done individually? DISTASO: I don't need them all done, quite frankly, but I guess -- GERAGOS: I know this is not my witness, however -- JUDGE: If it will save time, speak up. GERAGOS: Yes. There is a problem with these. I have specifically been requesting these. I specifically requested that these photos be turned over. The photos were not turned over. I got the photos last Thursday in a similar package with the videos. I have since then made other requests because I believe that these were not timely discovered either to Mr. Distaso or to myself. They were then discovered to us, as the term is used, on Thursday, I believe, or actually may have even been Monday. MR. HARRIS: Monday. GERAGOS: Monday of this week. I have requested that I be able to look at the negatives. I do not believe that it's appropriate at this point for them to have this officer testify as to anything to do with these photos since they were not provided either to the prosecution or the defense until Monday of this week, and Mr. Distaso and I have been trying to make arrangements for me to have an expert come in and take a look at whatever it is took place, because clearly something took place with these photos that were originally overexposed, now not overexposed; originally turned in, turned over to the defense in one format, now they are turned over in a different format, and apparently were not turned over to the prosecution at all. So I have tentatively scheduled with Mr. Distaso having my expert come in and take a look at these on Tuesday, if we can arrange it today, and I would object to them being entered into evidence or this officer testifying to any of them. DISTASO: Actually, Your Honor, that's mostly not true. The part that's correct is that I did give him a copy of these prints that I had made from the original negatives, which we just had made on Friday. The original negatives have always been booked into evidence. They've always been there. I then said because we had some issues with the photos in the questioning, I said, you know what, I'm not going use these digital ones been provided. I told the detectives I want original prints from the negatives that I'm going to use in court, and I had those made Friday. I think they came to me Friday afternoon or something. I got them to the -- I had prints made for the defense as well. I got him those copies of the prints on Monday. These pictures have all been discovered to them in digital format. There are pictures that -- what he's characterizing as overexposed, they're actually in evidence. They're kind of washed out. Those were just scanned incorrectly. In fact, if you look at the pictures, the Court can see that they're the exact pictures that I'm introducing now that are in prints. They can cross-examine the detective all they want on this. I have agreed to have Mr. Geragos and whatever photo expert he wants go with my detectives over to the Camera Center. They can look at the negatives together. But this information has been all discovered. This is just additional prints that I had made from the original negatives which I didn't -- I didn't have prints from the original negatives because it came over in CD format, which I'm certainly allowed to do. This is not any surprise or shock or new evidence or anything else of that nature. I'm making accommodations to have these negatives looked at by their detectives. The negatives are listed on the property sheets that they've been aware of from day one. So, like I said, other than the fact that I gave him the prints on Monday, I do disagree with the characterization that has been represented to the Court. GERAGOS: Well, if the Court wants to just take a look at the photos that they first used and marked to put into evidence and then put take a look at the photos today. JUDGE: Are you talking about the ones you placed in evidence? GERAGOS: They have 88 through 92 and then I entered into the other 13. Take a look at the original 13. Mr. Distaso buried in that several paragraph statement of his, slipped in, "It was scanned incorrectly." What that means is that they were absolutely illegible. Today or Monday I all of a sudden get what appear to be legible photos, which in his own reports that he turned over, he maintains that he had never seen them either. DISTASO: Well, no, I told the Court that. I mean, I didn't have these prints until Friday afternoon. So, I mean, I'm not misrepresenting anything to the Court. I told the Court that. I had the same things that the defense had that were on the digital format. But because there was this issue with them being the original -- I mean, being blurred out that came over to us, I told the detectives I wanted original prints off the negatives. There's nothing improper about that, nothing sneaky or underhanded about that. I'm certainly entitled to do that. JUDGE: We'll take a recess. During the recess, you can look at them closely. I'll allow you to examine -- THE BAILIFF: Remain seated. JUDGE: Wait a minute. GERAGOS: I didn't hear the rest of the ruling. JUDGE: You people want to come back in, you better stay quiet right now. I'm sorry? GERAGOS: I didn't hear the rest of the Court's ruling. You'll have them -- JUDGE: I got interrupted by the crowd trying to reach the rest room. Essentially, we'll mark those prints. During the recess, you'll have an opportunity to look at them all. I'm going to allow the direct examination to proceed on those. Whether they get introduced in evidence or not will depend upon your cross-examination. I'll allow more time on that. You can call him back on that tomorrow, if you need him. GERAGOS: We can defer that until after Tuesday if I need it? JUDGE: Tuesday? I don't think we're going to go that long. GERAGOS: At the current pace, I have no idea when this prelim may end. JUDGE: I'd say you'll be entitled to cross-examine him at a later time. GERAGOS: Okay. JUDGE: We'll take our recess here until 20 to 11:00. Now, you may leave. (Proceedings recessed at 10:25 a.m.) (People's Exhibits 98 through 124, inclusive, were marked for identification.) (Reconvened at 10:40 a.m.) JUDGE: Record will show everyone is present. You may continue your redirect, Mr. Distaso. DISTASO: I think those photos are marked. CLERK: Right here. DISTASO: They're over here somewhere? Oh. Are you going to look at those other ones real quick? GERAGOS: You're going to put those in now? DISTASO: These. GERAGOS: You need to mark these. Take that. DISTASO: Okay. Detective, take a look at 98 through -- People's 98 through People's 124. 98's like a contact sheet. The -- People's 98 through 124, what -- do you recognize those photos? BROCCHINI: I do. DISTASO: And are those the photos I just asked you about that we -- that I had made into prints from the negatives? BROCCHINI: Yes. DISTASO: Okay. And do those photos accurately reflect the pictures that you took on December 24th of 2002? BROCCHINI: Yes. DISTASO: All right. In one of those pictures -- and if you can go ahead and find it. Is there a picture there that shows the pliers that we've been talking about? BROCCHINI: It's Item Number 115. DISTASO: Okay. So People's 115? BROCCHINI: Uh-huh. DISTASO: All right. And what about -- is there any of those pictures that show where you left your binder in the boat? BROCCHINI: Yes. Photo Number 113. DISTASO: Now, Mr. McAllister asked you about the tip that you called in to the Laci Tip Line. Can you explain for the Court what happened in regard to that? BROCCHINI: We had received a tip on our tip line that was worthy of being followed up on -- McALLISTER: Objection. Nonresponsive. Move to strike. JUDGE: Sustained. Just answer the question. DISTASO: Well, actually, did you receive a tip on the Modesto Police Department Tip Line that you believed should be followed up on? BROCCHINI: Yes. DISTASO: And did you get other -- just for comparison, did you get other tips that were clearly, I guess, so far out in kind of the crazy realm that they didn't need to be followed up on? BROCCHINI: That wasn't the only reason we didn't follow up on some tips. Some tips came in so detailed they didn't need follow-up on. Some tips came in so outlandish, from a psychic or something, that they didn't need following up on. And then there was a lot in the middle. DISTASO: Okay. And the ones that were in the middle, were -- those were the tips that were mostly followed up on? McALLISTER: Objection. Leading question. Move to strike. JUDGE: Sustained. DISTASO: Explain -- DISTASO: Just explain the procedure for the tips you said fell in the middle. BROCCHINI: The tips that came in, if we could eliminate them by just the tip themselves, meaning, you know, they say they saw Scott or Laci on Christmas Day, I mean, we know he was with me on Christmas Day, so we would just flat out eliminate a tip like that. If we got a tip in that was very detailed, meaning they -- you know, they told us they thought they saw somebody, they thought they saw what they were wearing, but they couldn't say who it was, and it was a detailed tip that didn't need any more questions asked, we didn't follow up on it. And then there was tips that, you know, "I was out driving my truck," or, "I was out, and I saw a truck and a boat or I saw something, I saw somebody at a bus stop that could have been her," that we couldn't eliminate just by the tip, then we would try to follow up on it. DISTASO: How many tip lines were there? BROCCHINI: Two, that I know of. DISTASO: Okay. And what were those? BROCCHINI: The Modesto Police Department Tip Line and the Laci Peterson Tip Line. DISTASO: Okay. The Modesto Police Department Tip Line was obviously one that your office established? BROCCHINI: Yes. DISTASO: Who established the other tip line? BROCCHINI: I saw Scott on the TV say that he established it. I don't know if it was him or his parents. But it was established by Scott's family. DISTASO: All right. And why -- okay. Now, let's -- now, let me ask you about this tip that Mr. McAllister was asking about. What was that tip that came in? BROCCHINI: Can I -- give me one second. DISTASO: Sure. BROCCHINI: On January 9th, we received a tip from a Marietta Wallace, who reported to us that a coworker of hers, she gave us the first name of David, had been driving his truck on westbound 580 on Christmas Eve about 0300 hours, or 3:00 in the morning, and Wallace told -- I mean, David told Wallace that he had seen a large bundle wrapped in a blue blanket, like a Mexican-motif-type blanket, in the back of a small boat that David said looked like Scott's truck and boat with this bundle in the back. And so I followed up by figuring out who David was, and I had him down for a couple of interviews. DISTASO: Okay. So you followed up on that tip? BROCCHINI: Yes, I did. DISTASO: And that was a tip received on the Modesto Police Department Tip Line? BROCCHINI: Yes. DISTASO: And what did you then do in reference to placing that tip or calling that tip into the Laci Peterson Tip Line established by the defendant's family? BROCCHINI: I don't have -- I have to look through my report to get the exact date, but when that tip line came up, and we weren't getting any tips from it, it was being advertised, I called in that exact same tip to the -- to the tip line, and I gave them a cold number to the Modesto Police Department as a call-back to see if anybody would call me back and follow up on that tip. DISTASO: And what do you mean by "cold number"? BROCCHINI: Just the number that comes into the police department, but it wouldn't come up on caller ID, it wouldn't show any way that it belonged to the police department, but it was a good phone number. DISTASO: And did -- why did you -- did you call the tip in exactly as it came in to you? BROCCHINI: Yes. DISTASO: And why did you do that? Why did you call that tip in into the Laci Peterson Tip Line? BROCCHINI: I wanted to find out if anybody was following up on tips that that tip line was getting. DISTASO: And did anyone from -- or was that tip line -- was that tip then ever passed on back to anyone at the Modesto Police Department? McALLISTER: Objection. Calls for hearsay, speculation. JUDGE: Sustained. DISTASO: Well, to your knowledge, was it? McALLISTER: Same objection, Your Honor. JUDGE: You want to do it under Prop 115? I think it's allowed. DISTASO: That's what I'm doing it under. BROCCHINI: I reviewed every tip that came in from that tip line, and that tip never came in. DISTASO: So the Modesto Police Department was receiving some tips from the Laci Peterson Tip Line? BROCCHINI: We were getting -- we were getting documents. None of them were tips. DISTASO: Okay. So what were you getting from the tip line? BROCCHINI: Different media outlets calling and asking to interview Scott. That was it. We never got anything -- any kind of a tip like we were getting every day from that -- and those tips on the Laci Peterson, they were sub -- you know, they would come when we'd get -- McALLISTER: This is nonresponsive, Your Honor. JUDGE: Sustained. DISTASO: What types of tips would come to you from the Laci Peterson Tip Line? McALLISTER: Objection. That calls for -- it's an argumentative with an ambiguous question. JUDGE: It's outside the borders of necessity. So I'm going to sustain that. DISTASO: So this particular -- this particular tip that you called in to the Laci Peterson Tip Line, was that tip ever then provided back to the Modesto Police Department? McALLISTER: Objection. Same -- that's been asked and answered. JUDGE: Sustained. DISTASO: Now, Mr. McAllister asked you about yesterday kind of at length about this surveillance and what was going on regarding the surveillance of the defendant during the -- during the -- January. Were you involved in the surveillance of the defendant in any capacity? BROCCHINI: Yes. DISTASO: And what was that? BROCCHINI: I monitored it, mostly. I was one of the people that would remain in Nextel or radio communication or phone communication with a member of the surveillance team. DISTASO: Did -- were you aware of any surveillance that was taking place of the defendant on January 5th? BROCCHINI: Yes. DISTASO: And what -- what happened regarding the surveillance of the defendant on January 5th? BROCCHINI: He was followed by our officers -- can I just refer to my report so I can get my dates right? DISTASO: Yeah, if that -- did you write a report about this -- about your involvement in the surveillance? BROCCHINI: Yes. DISTASO: And if you'd review your report now, would that help refresh your memory as to dates and particular details? BROCCHINI: Yes. DISTASO: Go ahead. McALLISTER: I'm going to object to that as beyond the scope of cross, Your Honor. JUDGE: Overruled. BROCCHINI: Our surveillance team followed him between roughly 7:30 in the morning and 11:40 in the morning driving around in Modesto, he was driving his Land Rover -- DISTASO: Let me stop you. Was that a car that, based on the surveillance, you had associated with the defendant? BROCCHINI: Yes. DISTASO: Okay. Go ahead. What happened next? BROCCHINI: About 11:42, he was followed back to his residence, where the surveillance units watched him go into his house. He came out about an hour later wearing different clothing, he got into a small silver Subaru that was parked in his driveway, and then the surveillance units followed him directly to the Berkeley Marina. DISTASO: Okay. Did they -- did the defendant on that occasion make any stops prior to going to the Berkeley Marina? McALLISTER: I'm going to object to this as beyond the scope of cross, Your Honor. JUDGE: Didn't sound like it was covered earlier. Are you going to reopen? DISTASO: I am asking to reopen, Your Honor. JUDGE: Go ahead. DIRECT EXAMINATION (REOPENED) DISTASO: What -- did the surveillance units report that he, the defendant, had made any stops? McALLISTER: Objection. Leading question. JUDGE: Sustained. DISTASO: Did the defendant did make any stops on the way to the Berkeley Marina? BROCCHINI: No. DISTASO: And did they report to you what happened when the defendant got to the Berkeley Marina? BROCCHINI: Yes. DISTASO: What happened? BROCCHINI: He pulled into the Berkeley Marina boat launch area, he stayed about five minutes, and then -- and he stared out towards the bay, according to the officer. It appeared he was looking -- McALLISTER: Objection. That's going to be speculation on the -- BROCCHINI: Right. McALLISTER: -- part of whoever's reporting it -- DISTASO: Okay. The officer reported to you -- McALLISTER: -- the part that talked about what it appeared. DISTASO: Okay. The officer reported to you that the defendant looked out towards the bay. BROCCHINI: He looked out towards the bay. DISTASO: And what did he say happened next? BROCCHINI: Then he drove home, drove straight back to Modesto. DISTASO: Okay. Was it ever reported to you he made any stops on the way back? BROCCHINI: No. DISTASO: Did -- were you involved in the surveillance in this monitoring capacity on January 6th? BROCCHINI: Yes. DISTASO: And what happened on that day regarding the surveillance of the defendant? BROCCHINI: The surveillance units followed -- saw him leave his house about 7:30 in the morning, he drove to the Red Lion, where he stayed there for about 45 minutes -- DISTASO: Okay. Let me stop you. What was happening at the Red Lion at this time, if you're aware? BROCCHINI: The volunteer center was operating for Laci Peterson. DISTASO: Okay. What happened next then? BROCCHINI: After he left the Red Lion, they followed him to Kirk McAllister's office -- DISTASO: Okay. Don't tell me about that. What happened next? BROCCHINI: They followed him to the Enterprise Rent-A-Car business. DISTASO: Do you know where that's located? BROCCHINI: It's on 7th and G Street. DISTASO: Okay. What happened -- BROCCHINI: Or something and G. DISTASO: What did they say happened -- what did they report to you happened next? BROCCHINI: That he rented a small red Honda, and he left his -- he left his vehicle, the Land Rover, in the Enterprise lot, he rented a Honda, and then they followed, the surveillance units followed him in the Honda to the Berkeley Marina. DISTASO: Again, did the defendant -- did they report to you whether or not the defendant made any stops on the way to the Berkeley Marina? BROCCHINI: Yes. DISTASO: What did they say? BROCCHINI: That he didn't. DISTASO: Okay. And what did they say happened when they arrived at the Berkeley Marina? BROCCHINI: He parked just north of the boat launch, he stared out into the bay about two minutes, then he drove back. DISTASO: And, again, on the way back, did they report to you whether or not he made any stops on the way back? BROCCHINI: On the way back, immediately after leaving, he began doing counter-surveillance -- McALLISTER: Objection. That calls for speculation. JUDGE: I'll sustain that. DISTASO: Okay. On the way back -- McALLISTER: Move to strike. JUDGE: That answer is stricken. DISTASO: On the way back, did the surveilling agents report to you whether or not they were able to -- whether or not they maintained constant surveillance of the defendant the entire trip back to Modesto? BROCCHINI: Yes. DISTASO: What'd they say? BROCCHINI: They did not. DISTASO: Okay. And did they say why they couldn't? BROCCHINI: Yes. McALLISTER: Objection. Irrelevant. JUDGE: Overruled. BROCCHINI: Yes. DISTASO: What'd they say? BROCCHINI: That Scott was driving erratically, meaning stopping on the side of the freeway, making U-turns in the middle of blocks, pulling into parking lots and stopping, just briefly, and then taking off, and they were unable to follow him. DISTASO: Okay. Did they ever re-acquire or come back into contact with the defendant on January 6? BROCCHINI: Yes. DISTASO: What did they report to you about that? BROCCHINI: They all returned to Modesto after losing him, they set up on the volunteer center, his house and his business, and about 5:18, Peterson arrived back in that Rent-A-Car, he -- he returned -- I think he came to the volunteer center, then they followed him -- he stayed there a minute, followed him from the volunteer center back to the Enterprise Rent-A-Car business where he turned in his Rent-A-Car and picked up his Land Rover. DISTASO: Did -- were you involved in the surveillance of the defendant on January 9th? BROCCHINI: Yes, I was. DISTASO: And, again, was it in this monitoring capacity? BROCCHINI: Yes. DISTASO: And just I guess in a little more detail of that, what did that involve with you as far as communicating with the surveilling units or officers? BROCCHINI: They -- during this time, we had a 24-hour surveillance, and so if he ever left or moved, they would call me, whether on my Nextel or my home phone and keep me updated so I could keep Detective Grogan and the others updated. DISTASO: About where the defendant was going? BROCCHINI: And what his activities were. DISTASO: On January 9th, what did the agents report to you? BROCCHINI: That about 7:00 in the morning, Peterson came out and was seen putting some suitcases into a Rent-A-Car that he had rented the day before. About 10:30, they saw him drive away from the home, and he drove straight to the Berkeley Marina in the rented truck. DISTASO: And what did they say happened next? BROCCHINI: He said he circled the parking lot, stopped, briefly stared out into the bay for a few minutes, and then drove away. DISTASO: And did they say where he went? BROCCHINI: Yes. DISTASO: Where did he go? BROCCHINI: He went from there to the San Luis-O'Neill Forebay, and then he went to the Double Tree in Bakersfield, and he stayed there for the night. DISTASO: Did -- as part of your investigation, did you speak to a woman by the name of Shawn Sibley? BROCCHINI: Yes, I did. McALLISTER: I'm going to object to this as beyond the scope of cross. DISTASO: I've offered -- I've actually asked to reopen, Your Honor, and I'm actually asking for any purpose. GERAGOS: If that's the case, could I just indicate for the Court we may get into a situation where we're gonna -- there will be a request for a tag-team cross-examination based on the discrete areas. It appears that Mr. Distaso is now going to, hopefully in an effort to speed things along, have this officer 115 other witnesses. And if that's the case, then we'd just request for specific areas we'd be allowed to do that specific cross. JUDGE: Is that the intent? You're eliminating a witness by 115? DISTASO: That's exactly what I'm doing, Your Honor. JUDGE: I'll allow it. DISTASO: And I don't object to this procedure for the limited witnesses that I do this for. DISTASO: What -- detective, when did you meet with Miss Sibley? BROCCHINI: On December 30th. DISTASO: And why did you meet with her? BROCCHINI: She was Amber Frey's best friend at the time, and she was there with Amber Frey when -- when we arrived in Madera to interview Amber Frey. DISTASO: Okay. And what did Miss -- did Miss Sibley tell you that she had had some contact with the defendant in this case? BROCCHINI: Yes. DISTASO: And what did she say -- what did she tell you about that? BROCCHINI: That she met the defendant in Anaheim, California, during a conference, like a farm-type conference on October 23rd and October 24th. DISTASO: And what did she say her -- her relationship or acquaintanceship was with the defendant? BROCCHINI: She never knew him until that conference, and then they got to know each other at the conference. They had dinner, they had drinks, they -- they visited until I think 3 o'clock in the morning. They were friends. And then -- then they became business associates also. Shawn Sibley worked in a -- in a -- in ag, in a business that did like -- her company would survey or test, like, farm products. And so he began calling her on a business relationship and a personal relationship. DISTASO: Okay. So they -- did she report to you -- just to speed this along a little bit, did she report to you that they had frequent phone contact over a couple-week period? BROCCHINI: Yes. DISTASO: And what did she tell you in regards to -- did she give you any information in regards to her involvement in the relationship between the defendant and Amber Frey? BROCCHINI: Yes. DISTASO: What did she say about that? BROCCHINI: That Scott had asked her if she had any friends that were, you know, available. And after many conversations, she finally agreed to let Scott meet Amber, as long as Scott, you know, was serious. DISTASO: Was serious about what? BROCCHINI: A relationship. DISTASO: Okay. And did she then somehow facilitate or set up this first contact between the defendant and Amber Frey? BROCCHINI: Yes. DISTASO: How'd she do that? BROCCHINI: Through -- she supplied each of them with phone numbers, and their first contacts were on the phone. DISTASO: The -- did she then tell you about a contact she'd had regard -- with the defendant regarding information that she had found out about the defendant potentially being married? BROCCHINI: Yes. DISTASO: What did she tell you about that? BROCCHINI: That on December 6, she found out from somebody that worked in her company, that actually applied for a job with Scott, that Scott was married, and he lived in Modesto, and that was both different than what he had ever told Shawn Sibley. DISTASO: Okay. Did she say what -- did she tell you what she then did? BROCCHINI: She called -- first she called one of Scott's employees and asked if the employee knew if Scott was married, and he wouldn't -- he wouldn't tell her. He told her to call Scott. So she called Scott herself. DISTASO: Okay. And what -- what did she tell you that -- what took place during that conversation between Miss Sibley and the defendant? BROCCHINI: He -- Scott asked Miss Sibley, he begged her, she said, not to tell Amber about it, he would do it. He said that he sometimes tells people he's married, and he tells some people he's not married, because he's lost his wife. DISTASO: And what else -- did he say anything else? BROCCHINI: Can I look at my report? DISTASO: Go ahead. McALLISTER: May the record reflect here that there's a long pause while Mr. Brocchini reads his report? JUDGE: About 30 seconds. BROCCHINI: Okay. DISTASO: Go ahead, detective. BROCCHINI: That Shawn told Scott, "Look, all I care about, are you married or aren't you married?" And Scott said, "Look, I'm not married, I lost my wife, and let me break it to Amber." DISTASO: And did she tell you whether or not that she called Amber and told her about this information? BROCCHINI: She said she did not. DISTASO: Did she say what the defendant's emotional state was when he was giving her this information? BROCCHINI: Yes. DISTASO: What did she -- how did she describe that? BROCCHINI: As -- he was -- sounded extremely upset and like he was crying. DISTASO: Did she say whether or not she received a call from the defendant where he again spoke to her about this information about his wife being lost and how it related to Amber Frey? BROCCHINI: Yes. DISTASO: What did she say about that? BROCCHINI: She said on the 9th, Scott called her back, and he told her that he had told Amber everything. And then Shawn Sibley said she immediately called Amber and confirmed what Scott had said. DISTASO: And did she say whether or not she had seen, physically seen the defendant and Amber at a party on December 11? BROCCHINI: Yes. DISTASO: What -- what did she say about that? BROCCHINI: She said that Scott and Amber attended her fiance's birthday party on December 11th. DISTASO: Nothing further, Your Honor.
Re-Cross Examination JUDGE: Mr. McAllister, you want to start? McALLISTER: Yeah. RECROSS-EXAMINATION McALLISTER: When you -- you know Mr. Lovell from other cases, you've told us, right? BROCCHINI: Yes. McALLISTER: Doug Lovell, right? BROCCHINI: Yes. McALLISTER: He was around yesterday on another case in the hallway, right? BROCCHINI: Yes. McALLISTER: Now, when you tell Mr. Lovell to, quote, "look for evidence," is that a code word for "grab any evidence you can see without consent of the person"? DISTASO: Objection, Your Honor. Misstates the testimony. JUDGE: Overruled. BROCCHINI: Are you asking about in this case or in any case -- McALLISTER: No, I'm saying is it some general practice, if you tell him, "Doug, look for evidence," that that has some meaning beyond those words between you and him, that that really means, "If you see something that might be interesting, scoop it up and take it and" -- BROCCHINI: I think in other circumstances, when I've told Doug Lovell, "Look, collect that mop, collect those rags, and look for any other evidence," I don't need to say any more. But I imagine I would say, "And collect it too." But it's pretty implied that if I'm telling him to collect something and look for more evidence, it means collect it. McALLISTER: Well, you could look for evidence and -- you could certainly look for evidence and then signal to you or one of the other detectives that, "Gee, we've got some evidence here," right? BROCCHINI: Well, I was hoping -- McALLISTER: Or, "Maybe we've got some evidence. You want me to take that?" BROCCHINI: Yeah, I was hoping he would do that, but he never did. McALLISTER: But when you spoke with him -- BROCCHINI: Just so we're clear, I never did speak with him that night. McALLISTER: With who? Lovell? BROCCHINI: Yeah. I never did. McALLISTER: On 12-24, you never actually spoke with him? BROCCHINI: No. I told -- he wasn't there. I told Letsinger, Officer Letsinger, I said, "Stand in front of the door. When Lovell gets here, tell him to collect the mop, the bucket, and the towels." And I know what I wrote, "Look for any other evidence," and I'll go with that. That's probably what I said. And that's what Letsinger told Lovell, I hope -- I imagine. McALLISTER: Well, you don't know that? BROCCHINI: Well, I know he did what I asked him to do. McALLISTER: Have you worked with Letsinger before? BROCCHINI: Yeah, I've worked with him. McALLISTER: So if you left directions with him, you trusted that he would follow out your stated intent, right? BROCCHINI: I trust Letsinger to relay what I told him to whoever I told him to tell it to. McALLISTER: And, in fact, you were going to be going over to the warehouse and then, after that, to the Modesto Police Department while this stuff was either being looked at or gathered up, right? BROCCHINI: Yes. McALLISTER: Did anybody recontact you of those other officers while you were en route to the warehouse, at the warehouse, leaving the warehouse, or at the Modesto Police Department saying words to the effect of, "Hey, should we do this? Should we take this?" BROCCHINI: No. McALLISTER: "What are your instructions?" BROCCHINI: No. McALLISTER: Nobody recontacted you to get any clarification of that? BROCCHINI: No, I was clear on my instructions, and nobody contacted me because they had other questions. McALLISTER: Now, and had you gotten consent from Scott Peterson to get the mop and bucket? BROCCHINI: Had I gotten consent? McALLISTER: Yeah. BROCCHINI: I didn't ask him if I could take the mop and bucket. McALLISTER: So I guess the answer would be no? BROCCHINI: I had consent to be in his house. McALLISTER: Okay. You didn't walk out with a sofa, right? BROCCHINI: I walked out with a gun. McALLISTER: Okay. And, through someone else, a mop and a bucket, right? BROCCHINI: And towels. McALLISTER: And towels. BROCCHINI: Right. McALLISTER: But -- BROCCHINI: And photos. McALLISTER: And while in your absence, Scott Peterson certainly would not be there to give his consent, since he was gonna be with you, right? BROCCHINI: He was with me. McALLISTER: Right. BROCCHINI: Uh-huh. McALLISTER: So when you gave those instructions to Letsinger, you knew that there wouldn't be anyone there to voice any objection to it, because Mr. Peterson was gonna be with you going over, looking at the warehouse with consent, right? BROCCHINI: I knew Mr. Peterson was gonna be with me. McALLISTER: Now, the questions about the photographs, Mr. Brocchini, are going to be handled by my co-counsel here, but let me ask you one question about something you were asked about during that same period of time. You told us on redirect that you had not seen any pliers in the boat when you were there on December 24th, right? BROCCHINI: That's right. McALLISTER: And then only later do you see them in a photo once you're looking at the photographs from -- that you apparently have taken on December 24th? Right again? BROCCHINI: That I did take on December 24th. McALLISTER: And when was it that you saw the photos that you're talking about where you first realized that, "Gee, maybe that looks like pliers"? BROCCHINI: Say that again? McALLISTER: Yeah. When was it that you were looking at those photographs where you realized, "Gee, it looks like there's some pliers in there"? BROCCHINI: Well, on February 11th, we saw the evidence photo of the pliers with the hair in it. And when we saw that, I said, "Wow, let me look at my photos." And so then I went right away and looked at my photos, and I said, "There they are." McALLISTER: Now, so you were looking at first some photo that someone else had taken of a plier? BROCCHINI: I was looking at the photo of the -- that -- I'm not sure who took it, but it was taken as evidence on the day of the search warrant, I think on 12-27. McALLISTER: And you had not previously -- were you actually looking at the pliers themselves at that point on February 2nd -- February 11th? BROCCHINI: Photo of the pliers. McALLISTER: Photo of the pliers. Okay. So after that happens, did you go in and actually look at the hair itself? BROCCHINI: Not that day. McALLISTER: You went the next day? BROCCHINI: That's right. McALLISTER: February 12th? Now, in mid -- where did you go to look at the hair? BROCCHINI: Went to the Modesto Police Department evidence property room. McALLISTER: Okay. Was there a particular room that had been set aside for the property? BROCCHINI: There is a particular room that's set aside for the -- it's all a room. There's three rooms in there, not counting what's in the back. McALLISTER: Okay. Had a particular room been set aside for evidence in this case? BROCCHINI: At that time? McALLISTER: Yeah. BROCCHINI: Was there a particular room -- McALLISTER: Yeah. BROCCHINI: -- set aside for this -- for evidence? No, I could use any room I wanted in that building. McALLISTER: And so to go and look at that hair physically, what did you have to do, go to this evidence building, right? BROCCHINI: I had to go in there, use my key card to get into the front door, into the secure area. Then I had to ring the doorbell and ask the clerk or the evidence tech to get me this item of evidence, and I had to wait for it, then she had to give it to me, and then I got to look at it. McALLISTER: Okay. And there's a little viewing room there that you can look at it in? Is that where you looked at it? BROCCHINI: I looked at it right in the -- inside the secure area at the counter right outside the window. McALLISTER: Okay. And is there any sign-in sheet that you have to sign in there? BROCCHINI: No. McALLISTER: To view evidence, is there any kind of a log that you have to either sign your name or sign your badge number or have the ID person sign off that you'd been there? BROCCHINI: To view evidence, no. Not then. McALLISTER: And so then you went there, and you looked at that -- and that's when you looked at that hair in an envelope? BROCCHINI: I took it out of the envelope. McALLISTER: Okay. And what did you do when you had it out of the envelope? BROCCHINI: I looked at it through a magnifying glass. McALLISTER: Had you brought that with you to go over there? BROCCHINI: No, they have one there. McALLISTER: Oh, they have one there? They supply that for you? BROCCHINI: Yes. McALLISTER: And then what did you do after you looked at it under a magnifying glass? BROCCHINI: Detective Hendee then looked at it, and then we packaged it into a small box, put it back in the evidence envelope, gave it back to the clerk. McALLISTER: Did you make any report of your activities on the 12th of February relating to going to the evidence room and looking at that hair? BROCCHINI: A report was generated, but not by me. McALLISTER: I guess the answer to my question would be no? BROCCHINI: I didn't make a report. McALLISTER: Now, you also were asked questions about various fishing licenses that Mr. Peterson had that you found during the course of your investigation? BROCCHINI: That's right. McALLISTER: And the total number of those was what? BROCCHINI: Four two-day licenses and one yearlong license. McALLISTER: And those went over a span of from 1999 to December of 2002? BROCCHINI: No. McALLISTER: What was the span? BROCCHINI: There was one in 1994, two in 1999, one in 2002, and one in 2003. McALLISTER: Okay. Well, you say one in 2003. Are you going by the date, the printed date on the license? BROCCHINI: On the two-day license, the date is handwritten in. On a regular license, the yearlong, the only one there was was 1994. And so, yeah, I'm going on the date of the license. McALLISTER: Okay. On the most recent of those licenses, a two-day license wherein it's handwritten in December 23rd and 24th? BROCCHINI: That was the date it would be valid, in the box date valid, 23, 24. McALLISTER: Although on the printed license itself, it said 2003? BROCCHINI: 2002. I'm sorry. Two for 2002. McALLISTER: Well. What are you writing down now? BROCCHINI: My note there. I'm just making it a two. It wasn't even 2003 yet, so -- McALLISTER: Right. But that's what the license said, wasn't it? BROCCHINI: Can I look at it? McALLISTER: Sure. DISTASO: Your Honor, it's marked as an exhibit. Perhaps that would be a better thing for him to look at. BROCCHINI: You're right, it does say 2003, but it says -- McALLISTER: Now, is that -- BROCCHINI: -- it was issued on 12-23 of 2002. McALLISTER: Two. Although it's actually -- technically, it's for the following year, right? BROCCHINI: That's right. That's right. McALLISTER: Okay. BROCCHINI: It was handed to me in 2002, though, so -- McALLISTER: Well, of course. It's 2002. BROCCHINI: Right. McALLISTER: And does it have some sort of extra endorsement or certification or something for where it would be used? BROCCHINI: Yes. McALLISTER: And what is that, sir? BROCCHINI: It has a 2003 ocean enhancement sport fishing stamp. McALLISTER: Now, you said that you've got some familiarity with fishing. Do you know what that means? BROCCHINI: It means he can fish in the ocean. McALLISTER: Okay. Now, regarding this tip line, now, you got -- you told us earlier, last Thursday, actually, that you got -- at least in the early months of this investigation, that you got hundreds of tips daily, right? BROCCHINI: We were getting a lot of tips, yeah. McALLISTER: So you've got a suspicion that when this -- well, let me ask another question first. The date that you called the Laci Info Hot Line -- and that was the name of this new tip line, right? BROCCHINI: Yeah. McALLISTER: The date that you called it was the 20 -- 20th of February? BROCCHINI: I can't -- I'm trying to find -- that's going to be a hard one for me to find, but -- McALLISTER: Well, do you want to see my copy just to -- BROCCHINI: No, because if you told me the date, I'll find it. McALLISTER: Okay? BROCCHINI: Yes. McALLISTER: That was the 20th of February -- BROCCHINI: Yes, it was. McALLISTER: -- right? And how long had that tip line been in existence at the point where you called the tip line posing as a tipster on the 20th of February? BROCCHINI: I don't know what date it was opened. I know the first tip that we knew about that they received was on the 13th of February. So it would have been a week. But I don't know for sure what date it was started. McALLISTER: Okay. Well, the information that you had was that it had been operating a week or maybe a couple weeks at that point? BROCCHINI: Well, because we were -- I know my partner asked Scott about it, and he gave us some tips, and the first tip we got -- McALLISTER: You mean tips from the Laci Info Tip Line? BROCCHINI: Yeah, he gave us some tips. And the first tip we got was dated on the 13th. So I don't know if there was -- it does say Tip Number 115, so I don't know -- he didn't give us 115 of them, but -- that's why we were a little concerned. He gave us like -- they're all numbered, 15, 16, 17, and then there would be like two or three missing, and then there's more. So we weren't sure if he was culling out tips that were on him or on tips that were on Laci sightings that we didn't know about, and he was only giving us, you know, "The Associated Press from San Diego wants to talk to you," "Private investigator, very important, please call," you know, "Somebody lives in Don Pedro and is a retired police officer wants to help," stuff -- those were the only kind of tips we were getting, and I was curious about the tips we weren't getting. McALLISTER: Well, you were concerned that there were other tips out there that somebody else may be getting and working on, right? BROCCHINI: I was concerned there was other tips out there that somebody else was getting and not working on. McALLISTER: And so you thought there were tips that you weren't getting, and so you fed a tip to this tip line to see if you wouldn't get it; is that right? BROCCHINI: If -- there was a couple of tips fed to this tip line to see what would happen with them. McALLISTER: Oh, Detective Grogan tried this, doing this too, right? BROCCHINI: I don't remember Grogan. I remember a female FBI agent doing it, though. McALLISTER: Well, this -- this must have been a major detour in your investigation while you're now investigating the tip line, right? BROCCHINI: It really wasn't a detour, Mr. McAllister. It took me a minute to do this tip. But we were interested in what the tip line was getting, and we were concerned that we weren't getting any tips, any -- with substance from it, and it was disturbing to us. McALLISTER: Well, there was no drop-off -- there was no corresponding drop-off of the number of tips that the official Modesto Police Department-endorsed tip line was getting, right? BROCCHINI: I can't say that. There may have been a drop-off. I don't know. McALLISTER: I mean, this didn't all of a sudden start looking like the, you know, KVIE auction with a lot of people waiting to listen to the phones, but they're not ringing? DISTASO: Objection, Your Honor. Relevance. JUDGE: Overruled. BROCCHINI: Our phones were ringing. McALLISTER: Okay. BROCCHINI: But we were following up on every lead, Mr. McAllister. Even the leads we weren't getting we wanted to follow up on. McALLISTER: And that's why you subpoenaed the FBI -- or got the FBI to subpoena the information from the tip line, right? BROCCHINI: I had a reason that I wanted this tip line subpoenaed. Like I said, I don't know if it did, but I had a reason, and that wasn't it. McALLISTER: You're at that point obsessed with the idea that someone else may solve this case ahead of you, weren't you? DISTASO: Objection. Argumentative. JUDGE: Sustained. McALLISTER: And then it wasn't just a minute that it took to phone the tip line. Then didn't you have to have somebody cull through the information or wait by the phone or do something to see if any of these various tips that other people, including -- other than you were calling in to see if they were acted upon? Didn't you have to double-check, "Did anybody call this cold phone today?" Right? BROCCHINI: It had an answering machine on it. And, I mean, when you're in the office 12, 13, 15, 16 hours, it ain't hard to look over and see if the line is blinking, like maybe somebody called it back. That didn't take me any time at all. McALLISTER: Now, when you -- you said that you put this hair in a box. Where did that box come from? BROCCHINI: That isn't what I said. McALLISTER: Where did you put the hair? BROCCHINI: Detective Hendee packaged the hair in an evidence box and then placed it into the evidence -- the original evidence envelope. McALLISTER: Were you there? BROCCHINI: Yes, I was. McALLISTER: Where'd the box come from? BROCCHINI: Our evidence room. It's a brand new evidence box. McALLISTER: What -- I guess we have to ask what an evidence box is, then? BROCCHINI: It's a small sterile box that has a lid on it, and it's cardboard, and it's probably about, I would -- my guess is it's two and a half inches by an inch, or somewhere similar to that, by about three quarters of an inch (indicates), has a small lid and so you can -- I think mainly what we use it for are casings or bullets recovered. Small box like that. It was placed in there, labeled, sealed, placed in the original evidence envelope, sealed, and turned back in. McALLISTER: So what was the receptacle that that hair was in when you went there February 12th and asked to see it and then it was first brought out? What was it in at that point? BROCCHINI: It was in a Manila envelope, a small evidence Manila envelope, which is about four and a half by, I don't know, eight or nine. Flap on it. Same thing as an evidence envelope. McALLISTER: And how was that sealed, if it was? BROCCHINI: It was sealed with tape, with the initials of Dodge Hendee, had an evidence number on it, had 12-27 on it, had the case number on it. McALLISTER: And where did that envelope go? BROCCHINI: It's -- the box went back into that envelope, and then that envelope was resealed, I initialed it, and we put it back into evidence. McALLISTER: And going back to your conversations with Mr. Lovell, your instructions to him were to collect any other evidence that he -- that he saw? BROCCHINI: I never spoke to Lovell. McALLISTER: But the instructions you relayed through Letsinger. BROCCHINI: I can only go by what I wrote in my report. I told him to collect the mop, mop bucket, the towels, and I don't remember my exact words. I wrote, "Look for other evidence." But that, to me, to Letsinger, to Lovell is, "Collect it if you find it." McALLISTER: Okay. BROCCHINI: "And also use a light source to look around the house and take photos." McALLISTER: Okay. And did Mr. Lovell collect anything other than the mop bucket? BROCCHINI: He only collected what I had told Letsinger to tell him to collect: Mop buckets, mops, and white towels. McALLISTER: Okay. And the -- BROCCHINI: And the photos. McALLISTER: And look for any other evidence, apparently -- that look that he did produced no other evidence that he either latched on to that night or signalled to the attention of any other officers, to your knowledge? BROCCHINI: That's right. McALLISTER: I don't have any other questions, Your Honor, but Mr. Geragos does, since they've introduced some new areas. While Mr. Brocchini is still on the stand, I've given a report to Mr. Distaso, and I would invite a stipulation. It's a report of Mr. Gary Ermoian talking with Mr. Bruce Peterson. And I would invite a stipulation that were Mr. Bruce Peterson called as a witness, that he would say that when he sold the fishing boat to Scott Peterson, that he requested that Scott Peterson pay cash for the boat, since it was a private sale, and he, not knowing Scott Peterson previously, wanted cash for the boat. And I would invite that stipulation to clear up that false impression that we had the other day. DISTASO: Well, I don't -- I'm not going to, of course, stipulate to any false impression or any kind of negative connotation. I'm surprised he phrased it in such a fashion, when he's asking me for a stipulation on a report that he just handed me that I'm not required to stipulate to. But in the interest of speeding things up, I don't have a problem stipulating that it was a cash sale, and Mr. Peterson did not know the defendant. And I think we can all assume that if you sell something, you don't know someone, to request cash. So I'll stipulate to that. JUDGE: Well, the main part of the stipulation he wants, I assume, is that Mr. Bruce Peterson asked for cash. You join that or not? DISTASO: I don't have a problem with that. JUDGE: Okay. McALLISTER: Thank you, Your Honor.
GERAGOS: Good morning, detective. You were asked some questions by Mr. Distaso regarding surveillance. Do you remember those? BROCCHINI: Yes. GERAGOS: And there were, I think you listed, three days of surveillance, is that correct, that you had talked about? BROCCHINI: Yes. GERAGOS: Was that January 5th was the first day? BROCCHINI: Yes. GERAGOS: And on January 5th, was your testimony, if I understand correct, you talked to somebody else, it wasn't you who was actually doing the surveillance; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. So what you're testifying to is a report that some other officer prepared, and you, as the investigating officer, is now testifying to it? BROCCHINI: No. GERAGOS: Did you talk to that person? BROCCHINI: I talked to him that day on the radio, like I testified, I talked to him since that day just to go over it again, and I've talked to him probably 50 times since then. GERAGOS: Okay. Did you ever talk to Scott Peterson and ask him why he went to the Bay on January 5th? BROCCHINI: I never did. GERAGOS: Okay. In the discovery -- I know you haven't reviewed all of the discovery. But in the discovery, on Bates stamped pages 43, 0043, so it would have been in the very beginning of the discovery, there's an article that's copied from the Modesto Bee, and it says, "Dogs and divers go to work in the San Francisco Bay." Do you happen to know what date that article was published in the Modesto Bee? DISTASO: Objection, Your Honor. If he's going to testify off the article, I'm going -- anything on the Modesto Bee I'm going to object as hearsay. MR. MCALLISTER: It's the -- the Court could take judicial notice, it's a January 5th article in which it's entitled, headline, "Dogs and divers go to work in San Francisco Bay." DISTASO: I don't think the Court could take judicial notice of the hearsay of the article. GERAGOS: I will supply the -- well, actually, I'll mark the article, and I'll supply the sufficient foundation. Since we didn't know they were going to go into the surveillance, I didn't come prepared for it to do the surveillance. GERAGOS: But I'll ask you, officer, were you aware that on the morning of January 5th, before Mr. Peterson went to the San Francisco Bay, that there was an article in the Modesto Bee saying, "Dogs and divers go to work in the San Francisco Bay"? BROCCHINI: I don't know if you're correct on the date. I don't see it on that article. If -- I know there was an article, but I just can't say for sure it was the 5th. GERAGOS: Okay. Well, if there was that article, it certainly wouldn't look that suspicious, would it? BROCCHINI: Oh, it would -- DISTASO: Objection, Your Honor. It's argumentative. Move to strike. JUDGE: Sustained. GERAGOS: Didn't you also say there was a January 9th visit to the Marina? BROCCHINI: Yes, I did. GERAGOS: Is that correct? BROCCHINI: Yes, I did. GERAGOS: Did you happen to look at the Modesto Bee -- and I would point you to page 54 of your own discovery. And it looks like somebody's written 1-9-03 on a Modesto Bee article that says, "Marina checked anew." You ever seen that? It's in the first hundred pages of your discovery. BROCCHINI: I've read all the -- I've read a lot of the Modesto Bee. I can't say I saw it in any discovery. And I don't know if that is our writing or your writing -- GERAGOS: Oh, you think I wrote it on there? BROCCHINI: I don't know. GERAGOS: Well, you wouldn't know, because you never looked at it or bothered to even check if your very own discovery shows the reason why the guy went to the Bay. DISTASO: Objection, Your Honor. It's argumentative and calls for speculation. JUDGE: Sustained. GERAGOS: Officer, did you -- by the way, as of the first week of January, where was Scott Peterson's pickup truck? BROCCHINI: In police custody. GERAGOS: So it would have been pretty hard for him to drive his own pickup truck up to the Bay, wouldn't it? DISTASO: Objection. It calls for -- it's argumentative. JUDGE: Sustained. GERAGOS: Well, you weren't letting him -- were you letting him check it out when he needed to use the pickup truck, or was it in police custody? BROCCHINI: It was in police custody. GERAGOS: Still in police custody today, isn't it? BROCCHINI: Yes, it is. GERAGOS: Okay. So he doesn't get to check it out whenever he needs it, does he? BROCCHINI: No, he can't -- he can't have it. GERAGOS: Okay. Now, you also said that at one point he went somewhere else also, didn't you? BROCCHINI: I said on the 6th he went to the Bay. GERAGOS: Yeah. You said he went to another place as well. Didn't you testify to that? Didn't I hear that? BROCCHINI: He went to the Red Lion? GERAGOS: And somewhere else? BROCCHINI: McAllister's office. GERAGOS: Anywhere else? BROCCHINI: Can I look at my report? GERAGOS: Sure. BROCCHINI: The Enterprise Rent-A-Car business. GERAGOS: How about on the 9th, where else did he go? BROCCHINI: He went to the Berkeley Marina, he went to the San Luis Forebay -- GERAGOS: Wait. What's there? What's that? BROCCHINI: The San Luis Forebay. GERAGOS: Okay. What is that? BROCCHINI: San Luis Reservoir, down south a little ways. GERAGOS: Okay. That reservoir just happened to be being searched that day? BROCCHINI: I don't recall. GERAGOS: Well, that certainly would be something you might want to know as an investigator in this case to find out why he's going down there, wouldn't you? BROCCHINI: No. GERAGOS: So as an investigator, you don't want to know why it is he went to the Bay, you don't want to know if there was an article that was dated that morning in the Modesto Bee that might have triggered him going to the Bay, you don't want to know if he goes down to the San Luis -- where was it? The San Luis Forebay? BROCCHINI: Right. GERAGOS: -- yeah, to see if there was a search going on that day there? You'd rather just come to the conclusion that it's suspicious because he's returning to the scene, is that it? DISTASO: Objection. It's argumentative and compound. JUDGE: Sustained. GERAGOS: Let me ask you this: Do you know if he was also -- did you ever ask him, "Were you going up to the Bay, Mr. Peterson, to see if you could locate two city workers who saw you launch a boat that day of the 24th that were witnesses?" BROCCHINI: Did I ask him that? GERAGOS: Yes. BROCCHINI: No. GERAGOS: Do you know if any officer asked him that? BROCCHINI: I -- I think we tried to ask him a lot of things. GERAGOS: Well, you followed him to McAllister's office, didn't you? BROCCHINI: Right. GERAGOS: Did you ever inquire of Mr. McAllister? BROCCHINI: He inquired of us. GERAGOS: And did you ever ask him why is he going up to the Bay? BROCCHINI: When the screaming ended from his side of the phone, we didn't ask him very many questions. GERAGOS: Well, that was usually when he felt that you were out of control, isn't it? DISTASO: Objection. Relevance. Calls for speculation. GERAGOS: Well, he volunteered the "when the screaming ended." What was the trigger for the screaming? JUDGE: Overruled. BROCCHINI: Scott continuing to talk to us. GERAGOS: Well, do you remember -- so Scott was talking to you? BROCCHINI: No, Scott was lying to us. GERAGOS: Well, he was lying because you didn't hear the answers you wanted to hear -- DISTASO: Objection, Your Honor. It calls for speculation. GERAGOS: The -- JUDGE: It's argumentative. It's sustained. GERAGOS: The 6th of January, you said that Scott Peterson drove through, and then there was what you called an evasive counter-surveillance, or something like that? Is that -- was that your term? BROCCHINI: Yes, it is. GERAGOS: Okay. JUDGE: That first part wasn't in evidence. GERAGOS: At that point, on the 6th, how much media attention had this case received? BROCCHINI: There was a lot of media attention. GERAGOS: Was there -- would you say that it was a fair statement that the media was camped out on Covena Avenue? BROCCHINI: I know they were camped out there a lot. I can't say the dates. But it's possible. GERAGOS: Well, it certainly didn't subside in January, did it, the media attention? It didn't go away, did it? BROCCHINI: No. GERAGOS: Okay. In fact, after the first of the year, it tended to increase, didn't it? BROCCHINI: I don't know. GERAGOS: Well, you know that there were people who were following Mr. Peterson, camping out in front of his house from the media; isn't that correct? BROCCHINI: No. GERAGOS: You didn't know that? BROCCHINI: I know they were camping in front of his house. I mean, we were following him, and we didn't see any media people following him. GERAGOS: Didn't you -- didn't Grogan call Scott and tell him that he was being followed by the Enquirer? BROCCHINI: I don't -- GERAGOS: That he was being followed by other media outlets? BROCCHINI: I don't think so. I don't know, though. GERAGOS: Have you -- but you haven't read all the discovery? BROCCHINI: I think I would know about that, and I don't know about that. And, no, I haven't read it all, but I've pretty much talked to Craig Grogan every day, and -- GERAGOS: Now, the pictures that you say you took of the boat, if I understand correct, you had a series of pictures on a camera that you borrowed from another officer; is that right? BROCCHINI: Right. GERAGOS: Okay. Now, the pictures that were taken that were originally provided were -- what have been -- previously been marked as defense exhibits. And I assume these are the pictures right here? JUDGE: M through Y, I presume? GERAGOS: Yes. BROCCHINI: These are them. GERAGOS: Okay. Now, these pictures are the pictures that you say, M through Y, that were -- that you looked at on -- before February 11th; is that correct? You were asked -- answering I think both Mr. Distaso and Mr. McAllister's questions that you had looked at another picture that had the little yellow placard on it and a gloved hand that was holding a pliers with a hair; is that correct? BROCCHINI: That's -- yeah, I saw that photo on February 11th. GERAGOS: Okay. So when you saw that -- DISTASO: Your Honor -- GERAGOS: -- photo. DISTASO: I'm sorry. Let me stop. I think the record -- I believe the detective is actually looking at People's exhibits and defense exhibits. BROCCHINI: I am. DISTASO: I just want the record to be clear as to what he's looking at. JUDGE: People's Exhibits being all 98 through 124? DISTASO: No, they were previous large photos that the People entered. GERAGOS: I think they're 88 through 92. DISTASO: 88 through 92. JUDGE: Thank you. GERAGOS: Now, you looked at a photo, it's not there -- I don't think it's up there marked as evidence yet, the one you're referring to -- BROCCHINI: That's correct. GERAGOS: But if you and I aren't talking about the same photo, it's got a little yellow placard, and somebody's got what looks to be a gloved hand with a pliers and a hair that is kind of draped across diagonally in the picture; is that correct? BROCCHINI: I remember the placard, and I remember the pliers and the hair that was kind of looped, and it looked rather long, you know. And I can't say positively, I haven't seen it in a while, if there was a gloved hand in it. But that's the photo I remember. GERAGOS: Okay. So you saw that. So you went back and you looked at the pictures. Can you, for the record, for Mr. Distaso and my benefit, can you pull out the exact picture that it is that you looked at on, what would it have been, February 11th or February 12th? BROCCHINI: 11th. GERAGOS: Okay. What is the exact picture you looked at? BROCCHINI: I looked at 88, 90, 92, 89, and 91. GERAGOS: Okay. BROCCHINI: Those are the exact pictures I looked at. GERAGOS: Okay. And you looked at -- and you're positive of that? BROCCHINI: Let me look right here. The ones I looked at are the ones I'm looking at right now, if you want to come up here. GERAGOS: Yeah. And they're marked as the People's exhibits; is that correct? BROCCHINI: No. When you're asking me the ones I looked at that day, I went to this binder, and I looked at these five scanned photos that I took on the 24th. GERAGOS: Okay. BROCCHINI: And they're the same five I just showed you. GERAGOS: And these are the same ones that are marked, are they not? BROCCHINI: Yes, they are. GERAGOS: Okay. You didn't look at or you didn't have the ones that are over there as the defense exhibits; isn't that correct? BROCCHINI: That's right. I did not. GERAGOS: Okay. Now, when you looked at those, you then went back, you saw a yellow pliers that you thought was one in the same, and so you and who else decided to open up the envelope where the hair was? BROCCHINI: We didn't just immediately decide to open it. But I talked about it with Grogan, and we wanted to know if there was a root on the hair. GERAGOS: And that was what day? BROCCHINI: On the 11th. GERAGOS: Okay. And when did you open up the package? BROCCHINI: Well, on the 12th, when Dodge Hendee got there for work, we asked him, "Was there a root on that hair?" He said, "I can't remember. I don't know. Let's go see." And so we went and saw. GERAGOS: And up to that point, all the reports in connection with this case indicated that there was just a single hair; isn't that correct? BROCCHINI: I -- no, I don't think so. GERAGOS: Can you point to me one report that refers to multiple hairs prior to February 11th? BROCCHINI: In search warrant affidavits and in the -- GERAGOS: Absolutely. A single, single document contained in any of the 27,000 pages of discovery that's dated prior to February 11th that says that there were multiple hairs. BROCCHINI: Oh, I -- I'd have to do some research. I can't say. GERAGOS: I'll let you do that over the lunch hour. But you can't say off the top of your head of any, can you? BROCCHINI: Dated prior to what date? GERAGOS: February 11th, when you opened up the package. BROCCHINI: Just give me one second. Just on the limited, quick research, in my affidavit in -- for the DNA on January 2nd, I talk about hair recovered in the boat. Not a hair. Hair. Difference. GERAGOS: Oh, hair as opposed to -- what's the plural of hair? BROCCHINI: A hair. GERAGOS: That's the plural? BROCCHINI: To me. GERAGOS: I guess only to you. The -- the "a hair" which was recovered and which is referred to -- BROCCHINI: There was more than one hair recovered in the boat, Mr. -- GERAGOS: There was not more than one hair recovered in the boat, and you know it. JUDGE: Let's not argue. Just ask the question. GERAGOS: Let me have one -- show me one report prior to February 11th that's got more than one hair recovered in the boat by any detective. BROCCHINI: There's -- I know. I mean, I don't know what you -- I can't -- GERAGOS: You know. Show me a report. BROCCHINI: I'll have to research it over the lunch hour, Mr. Geragos. GERAGOS: Okay. Now, February 11th, you open it up, lo and behold, there's two hairs; is that correct? BROCCHINI: There's two hairs. GERAGOS: Right. Now, those two hairs, did they break in half? Did you break one hair in half and make it into two? BROCCHINI: No, I didn't. GERAGOS: Okay. So it's your belief that there were two hairs originally; is that correct? BROCCHINI: No. That's not my belief. GERAGOS: Well, there was a plural of hairs which is a hair originally? BROCCHINI: There was one hair wrapped in needle-nose pliers -- GERAGOS: It wasn't wrapped in the pliers -- BROCCHINI: It was -- GERAGOS: There was one hair that was -- that's described in the report as being attached to the pliers; isn't that correct? DISTASO: Objection, Your Honor. It's argumentative. BROCCHINI: There's one hair -- JUDGE: Let him finish the answer. BROCCHINI: -- attached to the pliers. GERAGOS: Right. BROCCHINI: The detective that recovered it put it into an envelope, opened the pliers while it was in the envelope, pulled the pliers out, there was no hair, looked in, saw hair, sealed it. That's how it was recovered. GERAGOS: Okay. What you just described, unless I'm mistaken, is one hair. BROCCHINI: One hair went in. GERAGOS: Two hairs came out? BROCCHINI: When the pliers got -- GERAGOS: Is this a magic envelope? JUDGE: Let him finish, Mr. Geragos. BROCCHINI: When the pliers got opened and -- you know, to get it off, it wasn't laying there, it was stuck to the pliers, opened -- I mean, I can assume what happened, and I imagine you can too. But it got opened and sealed. And the detective that saw one hair go in that opened those pliers and shook it to get it off the pliers, it probably broke it. GERAGOS: That's your -- that's what you think happened? BROCCHINI: Yes. GERAGOS: Okay. So, now, have we established, is it your belief that there was one hair or more than one hair that went into the envelope? BROCCHINI: Well, I saw one hair in the photo. So I have to assume one hair went in the envelope. GERAGOS: Okay. When it opened up, you opened it up, you discovered more than one hair; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And you were surprised by that, so surprised, you wrote a report? BROCCHINI: I wrote a report? GERAGOS: Didn't you write a report about opening it up and finding multiple hairs? Did you write something? Did you put pen to paper, or did you type something up? BROCCHINI: Detective Hendee wrote something. I didn't. GERAGOS: Okay. Did you or Detective Hendee write up a report? BROCCHINI: Yes. GERAGOS: Did you think it was significant that one hair had become multiple hairs? BROCCHINI: It -- we documented what we saw, he did. GERAGOS: And you never, ever in that report that you've documented or that Hendee documented surmised that it broke in half, did you? DISTASO: Objection, Your Honor. It's -- I mean, it calls for speculation. GERAGOS: I just -- JUDGE: Overruled. GERAGOS: Did you write in the report -- BROCCHINI: I didn't write a report, and I don't know -- JUDGE: Let him finish the question, Detective Brocchini. BROCCHINI: Okay. Sorry. GERAGOS: Did Hendee in his report say the hair broke in half? BROCCHINI: I don't know. GERAGOS: Did Hendee measure the hair and say, "This is how long it was when it went into the envelope, and this is how long the two strands are now"? BROCCHINI: I know there was a measurement before it went in. I don't know if he measured it. I didn't see him with a tape measure. But he did list a measurement when it went in. And I did see a report from DOJ listing the same measurement that they measured. So I can't say he did it. GERAGOS: Well, you've seen the report from DOJ. Does that report from DOJ anywhere state that this is a broken hair that had broke in half? DISTASO: Objection, Your Honor. Calls for hearsay. GERAGOS: He just -- JUDGE: Overruled. GERAGOS: You saw the DOJ report, right? BROCCHINI: I did. GERAGOS: Where does it say in the DOJ report that the hair broke in half? BROCCHINI: I didn't say it did. GERAGOS: It doesn't, does it? BROCCHINI: I don't know. It's -- it's described in there in DOJ language. GERAGOS: Well, the DOJ language doesn't say it broke in half in any way, shape or form, does it? BROCCHINI: Yes, it does. It was interpreted that way to me. So -- GERAGOS: When it was interpreted that way to you, did anybody put that -- who did that interpretation? BROCCHINI: I think it was interpredated (sic) from DOJ language to a detective or a investigator to me, and I -- GERAGOS: There would be an objection, motion to strike. It's nonresponsive as well as being a product of multiple hearsay. JUDGE: Sustained. GERAGOS: Officer, did anybody from DOJ directly explain to you that the hair broke in half? BROCCHINI: No. GERAGOS: Did anybody produce a report that you've seen that says, "We examined this hair, the two ends of these two hairs microscopically, and they fit together or look like they fit together and broke in half"? Have you seen that -- such a report? BROCCHINI: No. GERAGOS: Okay. In fact, the whole idea of the hair breaking in half got made up after I filed a motion challenging the chain of custody in this case; isn't that true? DISTASO: Objection, Your Honor. It's argumentative. GERAGOS: It's not argumentative. JUDGE: Overruled. BROCCHINI: No. GERAGOS: It's the first time anybody anywhere in any piece of discovery, whether it's the 27,000 pages, whether it's the DOJ, or anywhere else, that anybody has suggested that the hair broke in half, is after we filed a motion challenging the chain of custody; isn't that correct? DISTASO: Objection, Your Honor. It's argumentative. JUDGE: Overruled. DISTASO: It's compound as well. JUDGE: Overruled. BROCCHINI: I don't know. GERAGOS: You don't know? BROCCHINI: I don't know. GERAGOS: Have you ever told anyone prior to the date that I filed the motion on chain of custody that that hair broke in half? BROCCHINI: What date did you file that? GERAGOS: I'm asking if you ever told anybody? BROCCHINI: You said after the date -- GERAGOS: After the date -- BROCCHINI: What's the date? GERAGOS: It was filed in August. Did you any time prior to August? BROCCHINI: Have I ever told anybody that hair broke in half? I probably told a bunch of people after February 12th when I saw it, and we saw it was one hair when it went in and two hairs came out, I'm sure I said it broke in half. GERAGOS: But you just never put that into a report? You didn't think that was relevant to maybe -- let's see, the DOJ looked at the hair, right? And you didn't tell them in a report that you thought the hair broke in half, correct? BROCCHINI: We told them in a report what -- GERAGOS: Where? Show me that report. BROCCHINI: We told them in a report what the hair looked like when it went in the envelope and what it looked like when it came out of the envelope, and that was a report by Hendee written on February 27th, '03. GERAGOS: Where does it say it broke in half? BROCCHINI: I didn't say that. You just asked me what we told DOJ. GERAGOS: No, I asked you what report did you prepare that says the hair broke in half? BROCCHINI: I didn't. GERAGOS: Okay. You said you told a lot of people. I'm asking you, did you tell the DOJ, who was examining the hair microscopically? BROCCHINI: No. DISTASO: Objection. It's been asked and answered. GERAGOS: Did you tell -- JUDGE: Overruled. GERAGOS: Did you tell the FBI, who was going to do the mitochondrial analysis of the hair? BROCCHINI: That it broke in half? GERAGOS: Yes. Did you tell them that? BROCCHINI: Did I use those words? GERAGOS: Well, did you tell them, "Hey, you might not want to test or have to waste your time on the two segments on this because it's all one hair"? BROCCHINI: No. GERAGOS: Did you prepare any report whatsoever that showed -- that reflected that you thought that the hair broke in half? BROCCHINI: No. DISTASO: Objection. GERAGOS: Do you have your February 27th report there or the one that Hendee prepared? JUDGE: It's overruled, if there's an objection. BROCCHINI: Yes. GERAGOS: Now, this -- I don't want to get it out of order. Did you put it like that? Is this the report that you're talking about that's Bates -- BROCCHINI: No, it's not that Bates stamp. GERAGOS: It's not -- this is an incorrect Bates stamp; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. This is an investigative narrative. Where is it that you write about or Hendee writes about the recovery of the hair? BROCCHINI: The recovery of it? GERAGOS: Of the hairs, yes. Where in the report? Can you point me to it? BROCCHINI: No, this report is about opening the envelope. GERAGOS: Okay. Where do you talk about the fact that it's hairs? "I originally thought" -- "What I originally thought was a single hair was actually two hairs. We both examined the hairs under a magnifying glass, and neither thought what we saw was a root on either of the two hairs. We placed the two hairs in a small evidence box, sealing it shut, and then repackaged the box in an evidence envelope." DISTASO: Objection, Your Honor. Actually, let me hear the question first. But sounds like it's going -- GERAGOS: Apparently Hendee knows what the plural of hairs is there, doesn't he? DISTASO: Objection. It's argumentative, and it's calling for hearsay. JUDGE: Sustained. GERAGOS: Well, the -- he's a Prop 115 witness. JUDGE: Yeah, but it's -- I'm sustaining it under the first reason. GERAGOS: The report that was right there talks about two hairs, doesn't it? DISTASO: Objection, Your Honor. The report's double hearsay. GERAGOS: Report is of Hendee, and it's a report that's prepared by Hendee of what he and Hendee did. JUDGE: Prop 115, you have to either talk to Hendee or ask him what he talked to Hendee about, not what's in Hendee's report. GERAGOS: Did you and Hendee discuss what you saw -- BROCCHINI: Yes. GERAGOS: -- when you opened up that envelope? BROCCHINI: Yes. GERAGOS: And that's why a report was prepared; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And the report that was prepared said that there were two hairs, didn't it? DISTASO: Objection, Your Honor. Double hearsay. JUDGE: Sustained. BROCCHINI: Yes. GERAGOS: And there's nowhere in that report -- DISTASO: Move to strike. GERAGOS: Did you talk to -- JUDGE: Stricken. GERAGOS: Did you review that report of Hendee's? BROCCHINI: Yes. GERAGOS: Did you talk to Hendee about the report? BROCCHINI: Yes. GERAGOS: Now, the report is clear that there's nowhere in it that it talks about a hair breaking in half, right? BROCCHINI: Right. GERAGOS: Okay. In fact, it talks about two separate hairs; isn't that correct? BROCCHINI: Yes. GERAGOS: In fact, it goes to the point where it actually says two, you spell it out T-W-O, or Hendee does, and he writes out with a two; isn't that correct? BROCCHINI: Yes. GERAGOS: Now, the day when you open this up and emptied the envelope, where specifically were you and Hendee -- I assume you were over in that one-story gray building, the evidence facility? BROCCHINI: Yes. GERAGOS: Okay. And when you walk in, there's a -- kind of a lobby area, if you will; is that correct? BROCCHINI: Yes. GERAGOS: Then you -- as you walk into the lobby, to the left there's a glass partition, correct? BROCCHINI: Yes. GERAGOS: To the right there's a small hallway and then another room; is that correct? BROCCHINI: Yes. GERAGOS: That room has another back door that leads into a larger warehouse or storage-type area? BROCCHINI: Yes. GERAGOS: Have I described at any point in that layout where it was that you and Hendee were examining that hair? BROCCHINI: Yes. GERAGOS: And where was that? BROCCHINI: You described it as the lobby area. GERAGOS: Right. And so in the entry, if you will, of the evidence facility, that's where you opened the envelope; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. Did you do that on a table? BROCCHINI: Yes. GERAGOS: Okay. When you did that on the table, did you have -- who else was present? BROCCHINI: Just Detective Hendee and I and possibly a evidence person from behind the window. GERAGOS: Okay. Is this a good place to take a break? JUDGE: We'll take our lunch break. Be back at 1:30. (Lunch recess - 12:00 p.m.) (Reconvened at 1:34 p.m.) JUDGE: Everyone's present. You may continue the cross-examination, Mr. Geragos. GERAGOS: Thank you, Your Honor. GERAGOS: Detective, over the lunch hour, we agreed we were talking about the hair on the pliers, for clarity's sake in the record; is that correct? When I'm asking you questions right now, I'm asking you about the hair or hairs on the pliers. BROCCHINI: I got you. GERAGOS: Got it? Okay. Now, the first report which I want to refer you to is Bates stamped 2236. This is prepared by Dodge Hendee; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And this report shows that Grogan and Brocchini asked him if the hair recovered from the plier had the hair's root attached to it. Was that what you asked Hendee? BROCCHINI: Yes. GERAGOS: He told you that at the time of collecting the hair he did it by placing the tip of the pliers into a new evidence envelope and opening the pliers, causing the hair to fall into the envelope. Is that what you were describing to Mr. Distaso? BROCCHINI: Yes. GERAGOS: He said, "The envelope was immediately sealed to prevent the hair from getting lost"; is that correct? BROCCHINI: Yes. GERAGOS: And he says, "When Detective Brocchini and I opened and emptied the envelope, we both observed --" did you both observe? BROCCHINI: Yes. GERAGOS: "We both observed what I had originally thought was a single hair was actually two hairs." Is that correct? BROCCHINI: Yes. GERAGOS: And that was your -- that was your observation as well; right? BROCCHINI: Yes, it was. GERAGOS: The -- once you opened the evidence envelope, you then started to refer to the hair as hairs; isn't that correct? And I'm referring to Bates numbered stamped 2228 of the reports. BROCCHINI: Are you asking me if -- you said "we." GERAGOS: Well, who prepared this? BROCCHINI: Dodge Hendee. GERAGOS: Okay. And it's referred to as, "The hairs collected from the above pliers and the hairs were originally stuck to the clamping portion of the pliers." Is that correct? BROCCHINI: That's what he wrote. GERAGOS: Okay. 2296 is a report prepared by Detective Rick House. Do you know who he is? BROCCHINI: Yes. GERAGOS: Okay. He refers to -- prior to you and Hendee opening up this envelope, he refers to it as the hair, single sample; is that correct? BROCCHINI: Yes. DISTASO: Your Honor -- I'm sorry. Mr. Geragos, what's the Bates number on that? GERAGOS: 2296. DISTASO: Thanks. GERAGOS: The -- then on 2215, also the report -- this is a report by Dodge Hendee and once again identifying evidence item 144 was "a pair of needle-nose pliers found in the bottom of the boat. Attached to the pliers was a black-colored hair," singular, "which appeared to be approximately five to six inches in length." Is that collect -- correct? BROCCHINI: Yes. GERAGOS: Also, goes on to indicate the hair itself was collected in evidence item 144A; is that right? BROCCHINI: Yes. GERAGOS: Now, you did a return on the search warrant or Grogan did; is that correct? He was one of your co-lead detectives? BROCCHINI: I didn't know who did it, but I'll believe you. GERAGOS: He was on the first page? BROCCHINI: Yes. GERAGOS: Grogan did it; is that correct? This was a warrant that was executed on December 26th, when you guys went to -- "you" meaning Modesto PD and all the other agencies went first to the house and then to the warehouse; is that correct? BROCCHINI: Yes. GERAGOS: And 144A is listed as a hair, singular, collected from those pliers; is that correct? BROCCHINI: Yes. GERAGOS: Now, when this was sent to -- both the pliers and the hair were referred to as 144 and 144A -- is that correct? -- as evidence numbers? BROCCHINI: Yes. GERAGOS: Okay. And the A was for the hair, originally one hair, and -- of 144, and 144 was the pliers; was that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, you said that these were sent to the Department of Justice; is that correct? BROCCHINI: Yes. GERAGOS: Okay. They examined the pliers, didn't they? BROCCHINI: I think so. GERAGOS: And they said there's no indication that the wire cutters, as they called them, item 144, or the needle-nose pliers had been used recently; isn't that correct? DISTASO: Objection, Your Honor. Calls for hearsay there. He's actually going off the DOJ report. GERAGOS: I'm asking if -- I'll set a foundation. JUDGE: Let's make it clear. If he's talked about that, he can testify about that under 115, but if he's just reading the report, we can all read it, if I allow it in evidence. GERAGOS: Sure. GERAGOS: Did you -- BROCCHINI: I never spoke to them. GERAGOS: You didn't speak to them? BROCCHINI: Anybody at DOJ. GERAGOS: At DOJ? BROCCHINI: No. GERAGOS: Over the lunch hour, I think I told you that I filed a motion on chain of custody in August. In actuality, it looks like it was FAX filed on October 7th of this year. Do you have anywhere in your reports prior to October 7th of this year a report that you authored or any other officer authored stating that the hairs broke in half? BROCCHINI: No. GERAGOS: Because until we filed the motion challenging the chain of custody, nobody had ever suggested that that hair had broken in half that you're aware of; isn't that correct? DISTASO: Objection, Your Honor. It's been asked and answered. GERAGOS: I'll move on. GERAGOS: Let me ask you another question. The -- when you opened -- DISTASO: I'm sorry. Is that question withdrawn? GERAGOS: I withdrew the question. DISTASO: Thank you. GERAGOS: When I say, "Let me ask another question," that's usually what I mean. GERAGOS: The -- the time when you pulled out the evidence envelope with Hendee, did you pull anything else out that same day at Modesto PD? BROCCHINI: Yes. GERAGOS: What was that? BROCCHINI: A red rope. GERAGOS: Okay. Anything else? BROCCHINI: The fishing box. GERAGOS: How about Laci's hairbrush? BROCCHINI: No. GERAGOS: Did you ever pull that out? BROCCHINI: Never. GERAGOS: Never? Did Hendee? BROCCHINI: I don't know about that. GERAGOS: In your presence? BROCCHINI: No. GERAGOS: And the spot in that what I call the lobby where you did this, that's when you walk in that front glass door, you're talking about the area that is immediately inside of the building; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Did you do that on the desk that is to the side of the door? BROCCHINI: No. GERAGOS: I believe Mr. Distaso asked you about the two-day fishing licenses. Do you remember that? BROCCHINI: Yes. GERAGOS: It appears that over the span of -- what? -- two or three days, that Mr. Peterson and/or the officers who were searching the house were able to come up with four separate licenses that were for two days; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And they ranged in years from 1999 to 2002; is that correct? BROCCHINI: There was no 2001, so they didn't complete the range. It was only '99 and 2002. GERAGOS: Two 2-day fishing licenses in '99, two 2-day fishing licenses in the year 2002? BROCCHINI: Yes. JUDGE: Mr. Geragos, didn't Mr. McAllister get into this area? GERAGOS: Did you? McALLISTER: No, I didn't. GERAGOS: Pretend I didn't ask that. GERAGOS: Did you put in your -- did you ever review any of the DOJ reports about the hair on the plier? BROCCHINI: No. GERAGOS: Never -- did you ever talk to anybody about the findings of DOJ, like Detective Grogan? BROCCHINI: Yes. GERAGOS: Okay. Did Detective Grogan tell you that the DOJ had said that the ends of the hairs looked like they were splashed or mashed, splayed? DISTASO: Objection, Your Honor. It's double hearsay. JUDGE: Sustained. GERAGOS: The -- you do a microscopic -- you did some kind of a magnification and examination of the hairs; is that correct? BROCCHINI: Yes. GERAGOS: And you did that with a magnifying glass? BROCCHINI: Yes. GERAGOS: Thank you. I have no further questions at this time. I reserve the right to recall him on some other areas later on. JUDGE: All right. Were you the one with the photographs or was that going to be Mr. McAllister? GERAGOS: I'm going to defer the photographs until I have my expert take a look at those things. JUDGE: Okay. DISTASO: Your Honor, I'm going to move -- I'm going to move all my exhibits that I marked with Detective Brocchini into evidence, except for these latest photographs until counsel has an opportunity to cross-examine on that. GERAGOS: They're marked for identification now, as I -- is that correct? DISTASO: Yes. JUDGE: That's correct. I think everything is already in up to this point, Mr. Distaso. DISTASO: Oh, okay. I thought there was some new items. JUDGE: The only new item was the Defense Z. DISTASO: Oh, all right. I'm actually going -- if we want to handle that now, I'm actually going to object to -- I don't object to any defense exhibit other the two Modesto Bee articles and I'd just object on hearsay grounds. JUDGE: And I didn't get a label for the second one. Did you have that one marked? GERAGOS: On the 9th, I did not. What I'll do is see if I can produce the online version, and then maybe Mr. Distaso and I can just agree to stipulate to that. Otherwise, maybe I'll just serve one of the reporters back there from The Modesto Bee and ask him if he wrote the article. JUDGE: I'll let you talk about it later. Anything else? DISTASO: I have no further questions for this witness. |