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Allen Brocchini
Witness for the People: Guilt Phase June 22, 23, 24, 28 & 29, 2004
Direct Examination by Rick Distaso JUDGE: And then we're going to have -- detective Brocchini is scheduled to testify today, and there's a stipulation that relates also to his testimony: The parties stipulate that only the relevant portions of the videotaped interview between Detective Brocchini and Scott Peterson will be shown to you. So apparently there's going to be a videotape of an interview, and only the relevant parts will be shown to you. The irrelevant parts will not be shown to you; okay? So, with that, we can start. And you want to call Detective Brocchini? DISTASO: Detective Brocchini. CLERK: Stand, please. Raise your right hand. Do you solemnly state that the evidence you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God? BROCCHINI: I do. CLERK: Be seated. State and spell your name for the record. BROCCHINI: My name is Allen Brocchini. B-R-O-C-C-H-I-N-I. CLERK: First name? BROCCHINI: A-L-L-E-N. CLERK: Thank you. DISTASO: Your Honor, I'm going to mark as next in order the DVD interview. JUDGE: Okay. DISTASO: And the transcript. JUDGE: All right. That will be 68. GERAGOS: DVD? JUDGE: 68 is the DVD and 68 A will be the transcript. And then have you provided redacted versions for the jury? DISTASO: I have redacted versions of the transcript here. I'm going to ask him a couple questions first. JUDGE: I know, but do you have them for the jury? DISTASO: I do. JUDGE: The rules of court require that you do have them for them. DISTASO: I do. JUDGE: I assume you gave Mr. Geragos. DISTASO: I gave one to Mr. Geragos. People's Exhibit 68, DVD, and 68 A, transcript of 68, marked for identification. DISTASO: While we're marking that, Detective, let me kind of start. Detective Brocchini, how long have you been a police officer in California? BROCCHINI: For 19 years. DISTASO: And how long has that been with the Modesto Police Department? BROCCHINI: For ten years. DISTASO: And where was your prior experience? BROCCHINI: I was an Alameda County sheriff's deputy. DISTASO: And what is your current duty assignment with the Modesto Police Department? BROCCHINI: Currently I'm assigned to the Crimes Against Persons Unit, which is -- we handle robberies, homicides, violent assaults, anything with a gun, kidnappings. DISTASO: So any kind of really -- any kind of violent crime against a person? BROCCHINI: Yes. Including missing persons. DISTASO: And how long have you been in that assignment? BROCCHINI: Since November of 2000. DISTASO: Now, if you could, just briefly, can you tell the jury how does the Modesto Police Department deal with an on-call kind of situation? If -- if a -- patrol officers are called out to investigate, let's say in this case, a missing persons, and they confirm that -- that they want the services or help of a detective, how is it that some detective gets called out? BROCCHINI: The patrol sergeant will call the detective sergeant and explain what was going on on the street and ask for some assistance. And if the detective sergeant thinks assistance is needed, then he'll call out detectives. Sometimes one, sometimes the whole team. DISTASO: Okay. And you're -- your unit is -- how many officers or detectives are in the Crimes Against Persons Unit of the Modesto Police Department; do you know? BROCCHINI: Yeah. Seven. DISTASO: And is there any person who is, like, you're on call this week? Or is it really just everybody, whose ever available, somebody gets a call, they respond? BROCCHINI: No. We're always on call, but there's always somebody that is going to be the lead for a homicide. If there's going to be a homicide, there's -- we call it being on the bubble, or something, so you know -- it's going to be your catch in the next homicide. But all of us are on call all the time. DISTASO: And if -- in this particular case did you get called on Christmas Eve to go to 523 Covena in Modesto to assist them in this missing persons investigation? BROCCHINI: Yes, I did. DISTASO: And just for the record and jurisdictional purposes, is 523 Covena in Modesto, is that in Stanislaus County? BROCCHINI: Yes, it is. DISTASO: All right. When you got that particular call, this -- you were called out to assist in what kind of investigation? BROCCHINI: Suspicious missing person. DISTASO: So the Modesto Police Department on the 24th of December did not classify this as a homicide yet? BROCCHINI: That's correct. DISTASO: If it had been classified as a homicide, you know, right out of the gate, are usually more than one detective called in at that point? BROCCHINI: Yeah. All of the homicide unit, plus probably five or six or seven other crime scene detectives. DISTASO: Okay. So more people -- if somebody -- if patrol says we have a homicide here, for example, let's just take some example, and they call the detective of crimes against persons, he would call out the entire team to respond? BROCCHINI: That's right. DISTASO: All right. In this particular case you had -- you were informed that this was a suspicious missing persons case? BROCCHINI: That's right. DISTASO: And so were you the only detective to -- to go to that location on the 24th of December? BROCCHINI: Yes. DISTASO: The next day, on Christmas day, were any other detectives called in to assist? BROCCHINI: I called in two -- two additional detectives to assist. DISTASO: Okay. Who was that? BROCCHINI: I called in Detective Craig Grogan and Detective John Buehler. DISTASO: Okay. And -- on the 25th, was one of the three of you assigned to be the lead investigator for this particular missing persons case? BROCCHINI: Yes. DISTASO: And who was that? BROCCHINI: Detective Grogan. DISTASO: Okay. Now, when you were called out on the 24th, were you on duty that -- that night? Well, let me stop you. By that, were you at the Modesto Police Department working? BROCCHINI: No. DISTASO: Were you at some other location? You don't need to say where it is, but were you at some other location outside of Modesto? BROCCHINI: Yes. DISTASO: And you received a phone call? BROCCHINI: Yes. DISTASO: And do you have any idea what time it was that you got the call? BROCCHINI: Yes. DISTASO: What time was that? BROCCHINI: It was at 7:30. DISTASO: And about how far away from Modesto were you, the location you were at? You were with your family, correct? BROCCHINI: Yes. DISTASO: Okay. And how far away were you from Modesto at that time? BROCCHINI: It's about 75 miles, but it takes about an hour and a half to drive. DISTASO: Okay. So you got the call. I'm sure you changed or got ready to go in to work? BROCCHINI: I finished eating my Christmas Eve dinner. DISTASO: Okay. BROCCHINI: Changed, and then went to work. DISTASO: All right. And do you know roughly what time it was? Or maybe exactly, I don't know. Do you know what time it was that you got to 523 Covena? BROCCHINI: It was about 9:30. DISTASO: And did -- your Honor, I hate to do this, but I got to grab a Kleenex. My nose is running like crazy. JUDGE: That's perfectly okay. DISTASO: Thanks. JUDGE: As a matter of fact, you can take the box. DISTASO: That's all right. A couple will do. DISTASO: The -- okay. So you -- you got there about 9:30. And did you receive a kind of an initial briefing? BROCCHINI: Yes. DISTASO: And who -- who did you get that from? BROCCHINI: Well, Evers -- Sergeant Duerfeldt was there, John Evers, Derrick Letsinger and Matt Spurlock were all there. I met with all of them, and then I was briefed. Everybody piped in a little bit, but it was mainly John Evers and Duerfeldt. DISTASO: Okay. Is that kind of a standard practice -- when patrol is there and they do their initial thing and they call in a detective, is that the standard way for you to gain initial information? BROCCHINI: Yes. DISTASO: Was there anything out of the ordinary about that particular event or that briefing? BROCCHINI: No. DISTASO: All right. So you got a briefing. And then were you introduced to the defendant in this case, Scott Peterson? BROCCHINI: Yes. DISTASO: And how did that -- how did that happen? BROCCHINI: After I got an initial briefing and an initial walk-through of the residence, I asked Evers to introduce me to Scott Peterson. I had seen him standing with friends and family, but then I asked him to introduce him to me so I could explain what my role was. DISTASO: Okay. Do you recognize Mr. Peterson as he sits in court today? BROCCHINI: Yes. DISTASO: And he's wearing the tan suit, correct? BROCCHINI: Yes, he is. DISTASO: Okay. Prior to December 24th, 2000 and 2, had you had any contact at all with Scott Peterson, the defendant in this case? BROCCHINI: No. DISTASO: Did you even know that he existed? BROCCHINI: No. DISTASO: So just so we're clear, you never stopped him for a traffic ticket, correct? BROCCHINI: No. DISTASO: Never interviewed him for any purpose? BROCCHINI: No. DISTASO: All right. So this night was the first night that you had contact with him? BROCCHINI: First night I ever met him. DISTASO: All right. That night when you -- we're going to go back through this in detail, but before we do that, at some point that night did you sit down with Mr. Peterson at the police department and -- and talk to him or -- or get a detailed interview from him about what had happened or what had occurred on the 24th? BROCCHINI: Yes. DISTASO: You had been kind of talking to him throughout the night, correct? BROCCHINI: Yes. I just wanted to -- in the video -- in the tape I just wanted to go over what he had told me, because we had been driving, walking, I wasn't taking a lot of notes. So I asked him to sit down with me and we would go over what we had talked about over the last few hours. DISTASO: And what time was that? When did that take place? BROCCHINI: Midnight. DISTASO: Midnight on the 24th? BROCCHINI: Just turned into Christmas day. DISTASO: Early Christmas morning. And what was his demeanor during that interview? BROCCHINI: Calm, cool, relaxed. DISTASO: Did he seem emotional to you at all? BROCCHINI: No. GERAGOS: Objection. Calls for speculation. JUDGE: Overruled. DISTASO: Did -- okay. And then -- let me -- let me go back just a second. So that interview took place at the police department, correct? BROCCHINI: Yes. DISTASO: And it took place just in one of your standard interview rooms? BROCCHINI: Yes. DISTASO: And those are -- those rooms provide for the ability for videotaping, correct? BROCCHINI: Yes. DISTASO: Let me -- JUDGE: Are you going to lay a foundation for this videotape? DISTASO: Yeah, I'm going to do it right now, Judge. Let me just pull that out. DISTASO: The videotape was placed on a DVD; is that right, Detective? BROCCHINI: Yes, it was. DISTASO: Okay. And you've watched this -- this particular DVD? BROCCHINI: Yes, I have. DISTASO: And is this an accurate copy of the relevant portions that we're going to play here for the jury of the interview that you had with Mr. Peterson on early Christmas morning on the 25th of 2002? BROCCHINI: Yes, it is. DISTASO: All right. And you initialed the interview -- I mean the DVD here so you know that was the right copy, right? BROCCHINI: That's right. DISTASO: Okay. And then you also, as you were watching the tape, you went through the transcript of that? BROCCHINI: Yes. DISTASO: Go ahead, and what I'd like you to do -- it's going to take you a couple minutes, but that's okay. Go ahead and -- and look through each page of the transcript and make sure that that transcript is substantially accurate to what is on that particular videotape. BROCCHINI: (Witness looking through transcript) That's it, Mr. Distaso. DISTASO: Okay. Hold on one sec. Let me cue this up. JUDGE: Before you start to play it, let's pass out the transcripts. DISTASO: Yeah, I'll do that, your Honor. JUDGE: Ladies and gentlemen of the jury, the district attorney is going to pass out some transcripts of this DVD tape. I want to remind you that the best evidence is what you observe and hear on the DVD. The transcript is a guide just to help you to understand what the transcript (sic) says. And the best evidence is, in fact, the tape. Don't write on these -- don't write on these transcripts, because after you review them we're going to collect them and take them away from you, okay? Jenn‚, save one for me, please. DEPUTY CARNEVALE: Yes. (Copies of 68A passed out to the jury) JUDGE: Okay. Everybody has a copy? BROCCHINI: Rick. DISTASO: You can hold on to that. JUDGE: Mr. Geragos, I assume you have a copy? GERAGOS: I do, Judge. JUDGE: Go ahead, Mr. Distaso. DISTASO: Okay. (People's Exhibit 68 played on the large screen) DISTASO: And, your Honor, just for the court's information, it's about an hour. JUDGE: All right. DISTASO: We're not getting any sound. All right. GERAGOS: There is sound already, so I don't know what's the matter. DISTASO: Hold on. (Technical difficulties) DISTASO: We're going to have -- technical difficulties, Judge. JUDGE: All right. DISTASO: So give us a second. (Pause in proceedings.) JUDGE: I hate to interrupt for just a second. Can we stipulate that the court reporter need not transcribe the tape since we're going to put a copy of it in evidence? GERAGOS: So stipulated by the defense. DISTASO: That's fine, your Honor. JUDGE: All right. (Pause in proceedings.) JUDGE: Should we take a recess while you guys try to figure that out? DISTASO: I was going to say. JUDGE: Why don't we take a recess while you try to figure that out. Why don't you leave the transcripts on your chairs. Leave them on your chairs. And when we get this thing straightened out, we'll bring you back in. (Jury exits courtroom) (Recess taken) (Jury returns to the courtroom) JUDGE: All right. Let the record show now the jury is present in the courtroom, and the -- the DVD player has been taken care of. Now it's working, correct? DISTASO: It is, Judge. JUDGE: Go ahead and play. DISTASO: One last question before I do. DISTASO: Detective, the -- the time that's on the video, it looks like it says one hour different than -- I think you said you started right at 12:00. I think the tape shows, like, 50 minutes, or something, or 1:00 o'clock. What's the discrepancy in the time? BROCCHINI: It wasn't changed. I mean the time on the video is wrong. It was either Daylight Savings Time or Pacific Time. I'm not sure, but it doesn't matter. I know what time it was. When I said it started at 12:00, it started at 12:00. (People's Exhibit 68 played on the large screen) JUDGE: If you can't hear, raise your hand and we'll turn up the volume. DISTASO: This is as high as it goes. JUDGE: This is as high as it goes. (People's Exhibit 68 continues playing) JUDGE: Okay. Ladies and gentlemen of the jury, if you'll just pass those transcripts to your left and Jenn‚ will collect them. All right. We're going to take the morning recess. We have to switch reporters. We'll take the morning recess until 11:15, give you some time to walk around. We'll start with the testimony at 11:15. And, Mr. Distaso, here's the court's copy. Remember the admonition I've heretofore given. (Recess taken) * * * *
JUDGE: All right. This is People versus Peterson. Let the record show the defendant is present with counsel. The jury is in the jury box along with the alternates. Go ahead, Mr. Distaso. DISTASO: Thank you, your Honor. Just give me one minute. Okay. DISTASO: Detective Brocchini, we just saw the interview that you had with Scott Peterson in the early morning hours of the 25th. What were his -- what was his exact description of the area where he said he went fishing? Let me start with, where did he say he left from? BROCCHINI: The Berkeley Marina. DISTASO: And let me show you a picture. Before I do that, this is a book marked People's 69. There is photographs inside there. Take a look at all of the photographs. JUDGE: Did you just mark this? DISTASO: I did, your Honor. Sorry. Over the break. 69. I'll tell you what it is. JUDGE: Okay. Book with how many photographs? DISTASO: A through M. JUDGE: All right. DISTASO: They are photographs the detective is going to talk about. JUDGE: All right. DISTASO: Go ahead and take look at those. Look through all of them? BROCCHINI: Okay. I have looked at them. DISTASO: What does A -- what is A -- does A show, just for the record? Before we show them to the jury, you have got to state for the record what they are. BROCCHINI: It's an overview of the Berkeley Marina, Brooks Island, and the Bay. DISTASO: What is B? BROCCHINI: It is an overview, just a different angle. You can see Brooks Island, and you can see the Berkeley Marina and the shoreline. DISTASO: Okay. What's 69-C? BROCCHINI: It's a little bit of a closer view of Brooks Island from above. DISTASO: And 69-D? BROCCHINI: It's the tip of Brooks Island. DISTASO: And E and F? BROCCHINI: E is photo of the shoreline of Brooks Island that shows the no landing sign. F is a closeup of the no landing sign and the debris on the shoreline. DISTASO: You can stop there for the time being. To these -- as part of your investigation in this case, were you out on the San Francisco Bay around the areas that you just described there with Brooks Island? BROCCHINI: Yes, I was. DISTASO: And do those pictures accurately reflect the locations of Brooks Island and the San Francisco Bay as you just described them to us? BROCCHINI: Yes. DISTASO: Okay. Let me show you what should be 69-A. And the location where the cursor is, is that the Berkeley Marina? BROCCHINI: Yes, it is. DISTASO: And then this is an overview of that portion of the San Francisco Bay? BROCCHINI: Yes. DISTASO: And the island off to the north, is that Brooks Island? BROCCHINI: Yet. DISTASO: And exactly what description did Mr. Peterson give you about where he went fishing that day? What did he say? It's in the transcript. If you need to look at the transcript, go ahead. GERAGOS: What page? DISTASO: Seven. BROCCHINI: He said that he drove out of the Berkeley Marina, went north for about two miles. GERAGOS: The record reflect he's just reading directly from the transcript. I'd ask that if he's going to refresh his recollection, he does that. JUDGE: Does it refresh your recollection, or do you have to read it? BROCCHINI: I don't need to. If it was verbatim I would have to read it. I know what he told me. DISTASO: Go ahead. BROCCHINI: Said he drove out of the Marina, went north for two miles until he came to a small island. He saw there was a "No Landing" sign on the island, there was a lot of debris or trash around the shore of the island. There were some broken piers. DISTASO: And in your -- when you were at this portion of the San Francisco Bay, does that describe Brooks Island? BROCCHINI: Yes, it does. DISTASO: Let me go to 69-B. And this is kind of a view of the Brooks Island and the Berkeley Marina from the other direction, correct? BROCCHINI: Yes. DISTASO: 69-C. And what are we looking at here? BROCCHINI: That's actually 69-D. That is the tip of Brooks Island, south shore. DISTASO: All right. So that would be -- for looking at this picture, this tip portion right here. Do you see sign that says "No Landing" on it? BROCCHINI: I see that. DISTASO: If we were looking at that -- if we go back to 69-A, that would be the tip of the island right here where the cursor is? BROCCHINI: Yes. DISTASO: And let me go to 69-C. 69-C, is this a picture of Brooks Island? BROCCHINI: Yes, it is. DISTASO: That tip portion that we just looked at right here where the cursor is? BROCCHINI: Yes, it is. DISTASO: And on the island -- let me just magnify this a little bit. If you magnify a little bit, can you see what -- some broken down pier area? BROCCHINI: Yes. DISTASO: Where -- it's right where I'm showing you? BROCCHINI: Yes, it is. DISTASO: There is a "No Landing" sign, another one right here on the beach? BROCCHINI: Yes, there is. DISTASO: Can you do me a favor? There is a red pen there in front of you. You see that pen? BROCCHINI: Yes. DISTASO: Would you pull the picture of 69-C out of there, and circle where the broken piers would be? Just write "piers" if you want to. And also circle the "No Landing" sign. All right. Let me show you -- should be 69-B. Is this 69-B? Is this 69-B? BROCCHINI: Yes. That's 69-E right there. DISTASO: 69-E. The one we're looking at here is the tip portion of Brooks Island, correct? BROCCHINI: Yes. DISTASO: We just looked at. And then this is looking down the beach? BROCCHINI: Yes. DISTASO: And then there is the other "No Landing" sign? BROCCHINI: Yes. DISTASO: Let me show you the final picture of this. Which one is this? BROCCHINI: 69-F. DISTASO: And 69-F shows the "No Landing" sign, correct? BROCCHINI: And the debris on the beach. DISTASO: Okay. Now, detective, when you first got called out to the house on 523 Covena, you talked about that a little bit when we started. What's kind of the first thing you did? You met Scott Peterson, and what did you do next? BROCCHINI: First thing I did was meet with the officers and the sergeant. I did a walk-through with the officers. And I met Scott Peterson then. I met Scott Peterson, identified myself to him, and asked him if he would walk me through the residence to look for anything out of place, or out of norm. DISTASO: Let me show you this. This is People's 38, although it's real -- okay, do you recognize that as a schematic of 523 Covena? BROCCHINI: Yes, I do. DISTASO: Okay. And you said did you a walk-through with the officers first. And we have heard a number of descriptions of that. So just take use real quickly through what you did. You don't need to go to great detail. JUDGE: There is a pointer there. You got it. Okay. BROCCHINI: Well, he walked me through his front -- front door. Well, this is the front gate. Took me through his front door, you know. He took me into the little -- this is called a sitting room, or the little area where there was some chairs. There was some double French doors here. You could see that this area here would be like his converted garage, is what I called it. But it was his TV room or den. I went out these doors here into the backyard where I introduced myself to McKenzie, then we came back in, and he showed me the master bedroom. Laci's purse was in the closet. Showed me the second spare bedroom that had all men's clothing in the closet, which were his clothing, he said. I saw inside the nursery, kind of the walk-through. It was -- took a lot longer than that. DISTASO: This is with Officer Evers? BROCCHINI: Evers with was me. DISTASO: Was there anyone else there at that time? BROCCHINI: Just Scott. DISTASO: Did you go -- prior to taking Mr. Peterson through the house, did you go through by yourself, or did you just go through with one of the officers? BROCCHINI: Yes. DISTASO: Who was that? BROCCHINI: I went through with -- I think Spurlock was there too. But Evers, Officer Evers for sure. DISTASO: And then after doing that, then you said you went through the house with Mr. Peterson? BROCCHINI: Yes. DISTASO: All right. I actually got confused. I wanted you to take me quickly through the one you did with Officer Evers. Can you take us through the one that -- taking more detail, the one you did with Mr. Peterson? BROCCHINI: Well -- GERAGOS: I'm sorry. Objection. JUDGE: I think that's what he just did. GERAGOS: I think that's exactly what he just did. JUDGE: Isn't that right, Mr. Brocchini? You just showed us the trip when you met the dog, that was with Peterson? BROCCHINI: Yes, it was. JUDGE: Now, you are -- DISTASO: Okay. I have more specific questions about that. The way you went through it, you went through with Evers first? BROCCHINI: Right. DISTASO: Then you went through with Mr. Peterson? BROCCHINI: Right. DISTASO: Okay. And so are you -- let's start again. You went into the house, correct? BROCCHINI: Were you talking with Mr. Peterson? DISTASO: Mr. Peterson. That's what I want here. BROCCHINI: We went in the house. DISTASO: Go ahead. And then what did you do next? BROCCHINI: Well -- DISTASO: But, go ahead. Take me to each room. I'm going to ask you when you get to each room. Go ahead. Do you know which room you went to first? BROCCHINI: I went into the -- well, look at my report to make sure I don't get mixed up here. DISTASO: Go ahead. GERAGOS: May I approach? JUDGE: You want to see what he is referring to? GERAGOS: Yes. JUDGE: Detective Brocchini, can you identify what you are referring to? BROCCHINI: I'm referring to page three of my first report, Bates stamped 3. GERAGOS: Is that page 9167? JUDGE: Yes. Are you asking -- BROCCHINI: It's 0967 is the Bates stamp. He took me to the residence, took me to the dining room, into this little sitting room, went into the dining room. That's where the front door leads into the dining room. It's wide open to this little sitting room. I could see into the kitchen. I could see the pizza box on the counter. I could see the converted garage. We went outside and met McKenzie. He pointed out his shoes -- they were outside the French doors just in the corner here -- that he said he wore fishing that day. I picked them up and looked at them. Then we came back inside. DISTASO: Okay. At some time that evening, did you ask ID Tech Lovell to take some pictures of the house? BROCCHINI: Actually, I asked detective or Officer Letsinger to -- when Lovell did this, he wasn't there when I was there. I directed Letsinger to tell ID Officer Lovell to take pictures of the inside of the house. DISTASO: Okay. And did that include pictures of the kitchen? BROCCHINI: Yes, it did. DISTASO: Now, in the -- let me show you these. This has been marked as People's 37. It's a bunch of photos. People's 37-S do you recognize that as a picture of the inside of the kitchen? BROCCHINI: Yes, I do. DISTASO: Okay. There is a kitchen counter, correct? BROCCHINI: Yes. DISTASO: And was the pizza box on that counter? BROCCHINI: Yes. DISTASO: Do you see it in the photograph? BROCCHINI: No. DISTASO: All right. Do you know what -- do you know what happened to -- or where it went? BROCCHINI: I know what happened to it. I can't say exactly where it went. DISTASO: Go ahead, tell me what happened to the pizza box. BROCCHINI: At the conclusion of doing the walk-through, I asked Scott if I could review his cell phone and write down the history, all the received calls, dialed calls, missed calls. I stood at that counter, and while I was is doing that, took me about ten minutes or so, he put the pizza box in the fridge or in the garbage. But I think it was in the fridge. DISTASO: Okay. So he did something with it, but you didn't follow up on where it went? BROCCHINI: Yeah, I didn't care where it went. DISTASO: Okay. BROCCHINI: At the time. DISTASO: After you left the kitchen, did you -- what other items did you look at? BROCCHINI: Just in the kitchen, or in the house? DISTASO: Let's go -- like not next room. What's the next room where you looked at something? BROCCHINI: We went into the master bedroom, and the purse was pointed out to me. DISTASO: Okay. And the jury has seen pictures of the purse. That was hanging on a hook in the closet, correct? BROCCHINI: Yes. DISTASO: What happened about that? BROCCHINI: I took it off to the hook and flopped the lid open, and looked inside of it. DISTASO: Did you place it anywhere? BROCCHINI: No. DISTASO: So you -- you just held it in your hand? BROCCHINI: Yes. DISTASO: Were you standing -- where were you standing, inside the closet, in the bedroom, where? BROCCHINI: No. Just in the -- just outside the threshold of that closet. It wasn't a walk-in closet I was standing right there. DISTASO: Just reached inside, took it off, flopped open the lid and looked in? BROCCHINI: That's right. DISTASO: What happened next? BROCCHINI: Put it back. DISTASO: Okay. Did you take anything out of the purse? BROCCHINI: No. DISTASO: Did you look through the purse and look at the contents? BROCCHINI: No. DISTASO: Did you ask Mr. Peterson anything about the purse? BROCCHINI: No. DISTASO: Was he there with you? BROCCHINI: Yes. DISTASO: And what happened next? What other rooms did you to go and look at things? BROCCHINI: We went into the second bedroom, or the spare bedroom. And I could see there was a duffle bag, a Nike bag on the floor right in front of the open closet door, unzipped, with a partial -- like a raincoat, or something, pulled out of it a little bit. There was another duffle bag up on the closet, like it had fallen off the shelf, but it was on the hangers. And it was an empty spot on the shelf for these two duffle bags. DISTASO: Okay. Let me stop you. You can put those on the floor if you want. People's 37-L, this picture right here, that shows the location where you found the purse? BROCCHINI: Yes. DISTASO: People's 37-O, is that the picture of the luggage off the closet on the floor you saw? BROCCHINI: Yes. DISTASO: And do those pictures accurately reflect the items as you saw them that night? BROCCHINI: Yes. DISTASO: And did Mr. Peterson tell you anything about that -- those items? BROCCHINI: Yes. DISTASO: What did he say? JUDGE: You mean in the house? DISTASO: In the house? BROCCHINI: I asked him if he had taken something out of that bag on the ground. It look like something had been taken out. And he said he took his white tennis shoes out earlier that day. DISTASO: Did you see any -- did he tell where you he put the tennis shoes? BROCCHINI: He said he put them on his wet bar. DISTASO: Did you see a wet bar? BROCCHINI: I had seen a wet bar. Well I -- I'd seen a wet bar at the time, and I didn't see in the shoes on it. DISTASO: Okay. And what happened next? BROCCHINI: We went out into the kitchen area where actually I might have -- well, we went into the -- I don't know the sequence exactly I went to these rooms first. I would have to -- might have it in my report exactly how we went into the -- GERAGOS: Objection. It's non-responsive. JUDGE: Answer can remain. Overruled. Go ahead. BROCCHINI: We went into the convert -- GERAGOS: Objection. I'm sorry, I didn't hear the ruling. JUDGE: Overruled. GERAGOS: Okay. BROCCHINI: Went into the converted TV room where I saw the washing machine and the wet rags on top of the washing -- or on top of the washing machine. DISTASO: Did you ask Mr. Peterson about that? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He said he had taken those rags out of the washing machine when he took his clothes off and put them in the washing machine. DISTASO: And did you ask him if you could look in -- or did you look into the washing machine to see if there were clothes inside there? BROCCHINI: I just looked. I did look in. DISTASO: What did you see? BROCCHINI: There was a pair of blue jeans in there. These have all been through the spin cycle. They were -- they were damp, and been through the spin cycle. I pulled out a pair of blue jeans, a blue t-shirt, and a green pullover. He told me those were the clothes he wore fishing. DISTASO: What happened next? After you saw that, then what happened next? BROCCHINI: I think we -- I probably checked the cell phone. I think we went outside. DISTASO: And when you say you probably checked the cell phone, is that when were you talking about checking the phone numbers on there? BROCCHINI: I wrote down the call history on his cell phone. DISTASO: Okay. Was that -- can you tell the jury, how did you do that? Went to recent calls, what did you do? BROCCHINI: I just clicked into the recent call list, and then I pushed on received calls, and I wrote down all the phone numbers. I pushed down dialed calls, I wrote down the phone numbers and missed calls. DISTASO: And what happened next? BROCCHINI: We went outside and asked him if I had could look in his cars. DISTASO: And do you see on People's 38 there, see the location where the cars are? BROCCHINI: Yes. DISTASO: And did -- one of them is listed as backed in, the truck there. Do you remember -- how did you see it on the 24th? BROCCHINI: It was backed in. DISTASO: So there was a Land Rover, Laci's Land Rover was parked basically where it shows on the diagram? BROCCHINI: Yes, it was. DISTASO: And then the truck was right there where it -- basically where you saw, but it was turned around and backed in? BROCCHINI: Yes. DISTASO: And what happened next? BROCCHINI: I looked in the Land Rover first. It was unlocked. I opened the driver's door. There was a cell phone attached to a lighter in the Land Rover. It was off. I tried to power it on. It would power on, but immediately power off with a weak or low battery. DISTASO: And did you look inside anything else in the Land Rover? BROCCHINI: I just looked in it. It was pretty empty. I didn't get in the back. But that was it. I just looked from the driver's door. DISTASO: Okay. BROCCHINI: I may have looked in the glove box too. But there was nothing in there of interest. DISTASO: So there was nothing that you either took from the Land Rover or saw of any interest, other than the cell phone? BROCCHINI: That's right. DISTASO: What happened next? BROCCHINI: I checked -- I looked in his truck. DISTASO: And how did you do that? BROCCHINI: I asked him to unlock it. He used his remote key to unlock it. I stood on the -- I looked in the back of the truck first. I stood on the back driver's side wheel so my feet were on top of the wheel, and I was outside the truck. And I was just moving stuff around in the truck. And I lifted the green toolbox lid and looked inside, just kind of looking around inspecting it. DISTASO: So you looked in the back portion first? BROCCHINI: Yes. DISTASO: And what did you see in the bed portion of the truck? BROCCHINI: I saw some umbrellas that were wrapped in a blue tarp. They were in the back of the truck, almost against the tailgate, but in the back portion of the truck. I saw another gray or tan colored tarp was just bunched up in the truck, and was pushed up against the green toolbox. DISTASO: Let me stop you. What you do you mean umbrellas were wrapped in the tarp? BROCCHINI: Like I could see what -- I could see several umbrellas. I didn't count them or open them. But I know what an umbrella looks like. I saw some umbrellas, and there was a tarp around them. But it wasn't like tied around it, so I could just see there was a tarp around some umbrellas. DISTASO: And when you say talking about the umbrellas, what kind of umbrellas are they? BROCCHINI: They are like patio umbrellas. DISTASO: Let me show you People's 69. Okay. On People's 67-H, do you see the umbrellas that you saw in 69-A. JUDGE: 69-H? DISTASO: 69-H. BROCCHINI: Yes, I see the umbrellas and the tarp. DISTASO: And where I have the mouse right now, are those the umbrellas that you saw? BROCCHINI: Yes. DISTASO: Then the blue tarp that you saw is in the shed area here? BROCCHINI: Yes. DISTASO: When you saw them on the 24th, they were in the back of the truck? BROCCHINI: Yes. DISTASO: And this picture was from when, do you know? BROCCHINI: The 26th. DISTASO: And search warrant was served in the evening hours of the 26th? BROCCHINI: Yes. DISTASO: And did that search warrant continue on to the 27th? BROCCHINI: Yes. DISTASO: So when you saw these items on the 24th, they there in the truck on the 26th, you saw them here in the backyard of the Peterson home? BROCCHINI: Yes. JUDGE: What's the number of that one again? DISTASO: 69-H. JUDGE: H. DISTASO: Okay. After -- you said you also saw, you said, a tan-colored tarp? BROCCHINI: Yes. DISTASO: Describe that for the jury. BROCCHINI: It was just a big tan canvas-looking tarp that wasn't folded or rolled. It was just bunched up like in the back of the truck. DISTASO: And that was up against the toolbox? BROCCHINI: Yes. DISTASO: Okay. And did you see what you thought was a tan-colored tarp, did you see that some time during the search warrant when that was served on the 26th and the 27th? BROCCHINI: Yes. DISTASO: And where did you see it at that time? BROCCHINI: It was in the -- in a small shed on the south side of the Peterson house, in the backyard. DISTASO: Okay. Do you -- see if we can find that. Hold on. 69-J. Before we leave the umbrellas, one more picture. Go to the picture right before the one -- JUDGE: Mr. Distaso, can I ask what that purports to represent? I know umbrellas. What is that? DISTASO: That's fine. DISTASO: Do you recognize that is picture of the Petersons' backyard at 523 Covena? BROCCHINI: That's a portion of their backyard. That's the back patio area. DISTASO: That was the portion underneath the patio cover? BROCCHINI: Yes. DISTASO: And where on People's 38, the diagram where it says shed, is that the shed where the blue tarp was? BROCCHINI: Blue tarp was right here in this little box. And the patio actually covers right there. DISTASO: All right. Before we leave the umbrellas, did you see the umbrellas when they were fully extended? BROCCHINI: Yes. DISTASO: I don't know why this doesn't want to put up -- the picture you have there in front of you, does that show them fully extended? BROCCHINI: Yes, it does. DISTASO: What we are looking on the screen right now is just the patio umbrellas extended in the backyard, correct? BROCCHINI: Yes. JUDGE: What's the number of that? BROCCHINI: That's 69-I. DISTASO: Talking about the boat cover -- I mean the -- described as canvas tarp. You said on the search warrant you saw it somewhere else. BROCCHINI: Yes. DISTASO: Where was that? BROCCHINI: In a small shed on the south side of the residence. If I can just -- it would be right back here. This -- south side of the house, still in the backyard. DISTASO: Okay. And is there a picture of that in the binder you have? BROCCHINI: A portion of the shed is in picture 69-J. DISTASO: And can you describe for the jury how it was that you saw the -- how it was that you saw the canvas tarp on that day, on that search warrant day, on the 26th or the 27th? BROCCHINI: That tarp was listed in the search warrant, so we are looking for -- some officers found it, and they called me over and said is this the tarp that you saw? They hadn't taken it out of the shed yet. I looked at it, said it looks like the tarp that I saw. DISTASO: And what how was it stored? BROCCHINI: It was still just bunched up. It was in this shed. And there was a gas leaf blower on top of it, leaking gas on it. DISTASO: And then did you later see the tarp spread out? Did some of the officers take it and spread it out? BROCCHINI: Yes. DISTASO: And is there a picture of that in the binder? BROCCHINI: Yes. It's 69-L. We spread it of because of the strong odor of gas. We couldn't put it in the ID van with that strong odor of gas on it. DISTASO: Going back to the 24th now. What -- you told us what you saw in the bed of the truck. Did you see anything in the toolbox area of the truck? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: There was some rope, about fifty or a hundred feet of black and orange nylon rope. There was a bag of shotgun shells. There was some clothing. There was loose shotgun shells in the bottom of the box. DISTASO: And was the rope that you saw, was it in a package, or was it out of the package? BROCCHINI: It was out of a package. It was rolled up, but it was just in the toolbox. DISTASO: And during the service of this search warrant on the 26th and the 27th at the house, and also at Mr. Peterson's shop, did you see that rope somewhere else? BROCCHINI: Is wasn't in the truck no more. And I didn't see it anywhere at the house. DISTASO: After you finished looking in the bed area of the truck, what else did you do? BROCCHINI: I looked inside the compartment of the passenger compartment of the truck. DISTASO: How did you do that? BROCCHINI: I opened the passenger door and looked inside. DISTASO: Okay. And did anything happen when you were opening up the doors of the truck? BROCCHINI: Yes. DISTASO: And describe for the jury what that was. BROCCHINI: When I opened the passenger door of the truck, it bumped against the Land Rover. So Scott -- and so Scott came over, and he had a glove in his hand said, hey, I'll stand here hold this leather glove between the door on the truck, or I will move my truck. And I apologized, and I said I'd be more careful. DISTASO: And what, if anything, did you find inside the truck? BROCCHINI: There was a Big 5 Sporting Good bag inside the truck with two new fishing lures still in the package inside. There was a receipt in the bag indicating that -- I read it and copied it, that it was on the 20th. Those lures and a two-day fishing license and a fishing pole were purchased at Big 5. DISTASO: What day was that? What was the date on the receipt? BROCCHINI: 12-20. There was some more clothing in a bag in the back seat. There was a gun in the glove compartment. DISTASO: Did you -- you said you saw a camouflage jacket somewhere? BROCCHINI: There was the camouflage jacket was in the back seat portion of the area. And Scott identified it as the jacket he wore fishing. DISTASO: Okay. Did he -- did you ask Mr. Peterson why -- about his clothes, the clothes that were in the washing machine? BROCCHINI: Yes. DISTASO: And what -- did he say why -- did you ask him why he washed those clothes? BROCCHINI: Yes. DISTASO: And what did he say? BROCCHINI: He said that he got wet from fishing and it raining. DISTASO: When you went out to the truck and he said that's the jacket that he wore, did you actually touch the jacket? BROCCHINI: Yes. DISTASO: Was it dry or wet? BROCCHINI: It was dry. DISTASO: And the lures and the receipt in the Big 5 bag, did you ask him anything about those items at that time? BROCCHINI: I don't think so. DISTASO: Were those items -- did you see those items in any different location when you -- when the search warrant was served on the 26th and the 27th? BROCCHINI: Yes. DISTASO: And where was the jacket? BROCCHINI: It was in the boat in the shop. DISTASO: And where was the -- where were the lures? BROCCHINI: They were in the boat in the shop. DISTASO: And were they still in an unopened package? BROCCHINI: Yes. DISTASO: Both lures? BROCCHINI: Both lures. DISTASO: And where was the receipt? BROCCHINI: It was in the shop on a shelf in the -- with the Big 5 bag still. DISTASO: And you said also that you found a gun in the car? BROCCHINI: Yes. DISTASO: And where was the gun? BROCCHINI: In the glove compartment. DISTASO: And did you ask Mr. Peterson about the gun? BROCCHINI: Yes. DISTASO: And what did he say? BROCCHINI: He said that he had the gun in there for about a month from when he went hunting in Lone Pine. He forgot it was in there. DISTASO: Did -- what did you do, if anything, with the gun? BROCCHINI: I put it in my pocket. DISTASO: And why did you do that? BROCCHINI: I wanted to take it. DISTASO: At the time that you put it in your pocket, did you tell Mr. Peterson you were taking the gun? BROCCHINI: No. DISTASO: Had you asked him previous -- prior to that if you could look in his truck and look in the house for any items of evidence? BROCCHINI: Yes. DISTASO: And he said you could? BROCCHINI: Yes. DISTASO: After you took the gun, where did you put it? BROCCHINI: In my jacket pocket. DISTASO: Okay. Some time later that evening, did Mr. Peterson call you and ask you about the gun? BROCCHINI: Yes. DISTASO: When was that? BROCCHINI: It was about 2:15 in the morning, after I'd interviewed him and dropped him off at home. DISTASO: What did he say? BROCCHINI: He wanted to know if I took his gun, and I said I did. DISTASO: Okay. And what -- did he say anything about that? BROCCHINI: He said he wishes I would have told him that I was taking it. DISTASO: And, okay, what happened next then? After you searched the inside of the truck and found these items, what's the next thing you did? BROCCHINI: I asked Scott if he would go over to the shop and show me the boat. DISTASO: And what did he say? BROCCHINI: He said he would. DISTASO: What happened next? BROCCHINI: We walked -- started walking towards my car. I made about five steps, when I realized I didn't have my keys to unlock my car. And I told Scott, I think I left my keys in your truck. And we walked back to the truck. DISTASO: And what happened? BROCCHINI: I found my keys inside the bed of the truck, just on the hump on the inside of the driver's side, just on top of the hump where I must have set them when I was moving stuff around. I picked them up, and we went to the shop. DISTASO: In the bed of his truck? BROCCHINI: Yes. DISTASO: When you are saying hump, talking like the wheel well? BROCCHINI: Yes. DISTASO: All right. And what happened next? BROCCHINI: We drove to the shop. DISTASO: And who went to the shop? BROCCHINI: I drove. Scott, Mr. Peterson, came in my car. And Officer Evers followed in his patrol car. DISTASO: What happened next? BROCCHINI: We got to the shop, and Mr. Peterson opened the door, and we went inside. DISTASO: Let me show you a diagram of the shop that we have already had marked. This is People's 55. Do you recognize that as a schematic of the shop? BROCCHINI: Yes, I do. DISTASO: And what happened when you got to the shop? BROCCHINI: Scott let us in. There is a -- this is a like a single car garage rollup door, and there is a small door that leads in like a regular front door leads into a small office area. Scott opened that door and we went into this office. DISTASO: And what were the lighting conditions -- first off, in the parking lot, do you know whether the lights were on in this area, or do you remember? BROCCHINI: No. It was dark. DISTASO: And about what time was it when you got to the shop? BROCCHINI: It was about -- it was about 12:15, or right around there. DISTASO: 12:15 in the morning? BROCCHINI: I'm sorry. About 1:15 in the morning. I interviewed him from twelve to one. Then we drove to over -- I did that -- I'm sorry. Can I look at my report? DISTASO: Go ahead. JUDGE: Might be a good idea. DISTASO: For times, better to get it right looking at your report. BROCCHINI: I'm sorry, we got there at five minutes after eleven. GERAGOS: Could I can ask what page he's referring to? BROCCHINI: That's 0971. GERAGOS: Thank you. JUDGE: What time did you get there, officer? BROCCHINI: I got there on the 24th at 11:05. JUDGE: That was before you interviewed him at at the police station? BROCCHINI: That's correct, yes. DISTASO: Okay. So you went in, and you went in through the person door, right? BROCCHINI: Yes. DISTASO: And you who opened the person door? BROCCHINI: Mr. Peterson. DISTASO: And did he use a key? BROCCHINI: Yes. DISTASO: And what happened next? BROCCHINI: I saw there was a computer. I had my flashlight. I saw there was a computer on the desk, and I noticed a fax on the table. And on the top of the fax I saw a date and a time. DISTASO: And did anybody turn the lights on, or flip a switch, or anything? BROCCHINI: No. DISTASO: Why is that? BROCCHINI: Scott said there was no electricity. DISTASO: Okay. You saw this computer equipment, and the fax, and all that. Did you question Mr. Peterson about there is no electricity, but we got this equipment here, or anything like that? BROCCHINI: No. DISTASO: Why not? BROCCHINI: I just assumed he was talking about the shop, I mean the warehouse. We're only walking through this little thing. I was there to look at his boat. And he said there was no electricity. And I mean the office was lit up real well with my flashlight. I just assumed he was taking about the bay in the back, so I believed him. DISTASO: And what was your main reason for going to the shop? BROCCHINI: To look at the boat. DISTASO: And so you picked up the fax, and what happened next? BROCCHINI: I said it had a time on it of like 11:15, I think, or 11:30. And I said, you know, this -- I asked him about the time. I said, how could you be in the -- be driving to the Bay, and this fax be here with this time on it? DISTASO: What did he say? BROCCHINI: He said it was New Jersey time, three hours different. And so he thought he got it and put it on the desk, and read it before he went fishing. But it could have been after. He said, he just doesn't remember when. He couldn't be positive. But he said it was New Jersey time on there. DISTASO: There was a fax from the 24th? BROCCHINI: Yes. DISTASO: And what happened next? BROCCHINI: I asked him if -- after you -- he said there was no electricity. I said, will you roll up the doors then so I can but my unmarked ear car in, so I can face the headlights there, so I have a little bit better lighting? And he went through -- he went through the other people door into the bay area. I stepped in here and lit it up for him until he got to the garage. When he started opening it, I went back out and moved my police car and pointed it into the garage. DISTASO: Okay. And what did you see inside the shop? BROCCHINI: I saw the boat. I saw the boat, a flatbed trailer, a forklift, and a bunch of pallets of -- I didn't know what it was at the time. Looked like product, or fertilizer, bladders of some kind. DISTASO: What happened next? BROCCHINI: I took some photos. DISTASO: And how did you do that? BROCCHINI: I got my camera out, and I pointed it, and I took some from outside. I took a couple from outside first. I took some of my police -- of Evers' car, just to see if the flash was going to work. And then I took photograph of -- a photograph from outside there, and then I went inside, and I took a couple of photographs from inside of the boat. DISTASO: The camera that you got, where did you get that from? BROCCHINI: I got from it another -- while we were still over on Covena, I called on my radio, and I asked for a camera to be brought to me. And a patrolman dropped off one of our city cameras. DISTASO: Did it already have film in it? BROCCHINI: Yes. DISTASO: You didn't load the film in it? BROCCHINI: No. DISTASO: After, you said you snapped some pictures; is that right? BROCCHINI: Yes. DISTASO: What did you do next? BROCCHINI: We left. DISTASO: Before we get to when you left, you went over to -- did you look in the boat? BROCCHINI: Yes. DISTASO: And what kind of items did you see in there? BROCCHINI: I saw a couple of fishing poles. I saw there was water in the boat. Not a lot, but, you know, appeared obvious that it had been somewhere, because there was water inside. There was a small red rope in the boat. There was a homemade anchor, a spare tire, a tackle box. That's what I remember. DISTASO: Okay. Did you pick up or handle any of the items in the boat? BROCCHINI: One. DISTASO: What was that? BROCCHINI: I opened the tackle box. DISTASO: And what did you do that for? BROCCHINI: Just to see what was in it. DISTASO: Did you see any fishing items in the tackle box? BROCCHINI: Yeah. There was a bunch of old jigs, and lures, and things. DISTASO: Where was Mr. Peterson when you were, you know, when you were looking at the boat and you picked up the tackle box? BROCCHINI: He was standing there in the doorway, I don't know for sure. He was standing with Evers, from what I remember. But he was -- this is a fairly close area. He was standing close by. DISTASO: Okay. What happened next? BROCCHINI: I took photographs, then we left. DISTASO: And how did you leave? BROCCHINI: He rolled the door down from the inside, and then he came through the office, locked and shut the door, and he got in my car. And Evers got in his car, and we drove away. JUDGE: This is a good time to take a recess. We're going to another subject. DISTASO: Right. JUDGE: Ladies and gentlemen of the jury, we're going to take the noon recess. You are not to discuss the case among yourselves, or with any other person, or form or express any opinion about this case. Not to listen to the radio, or watch any media reports of the trial, or discuss it with any representatives of the media or their agents. We'll reconvene at 1:30. We'll pick up with the testimony of Detective Brocchini. JUDGE: Okay. This is People vs. Scott Peterson. Let the record show the defendant is present with counsel and the jury is in the jury box, along with the alternates. And we have the witness back on the witness stand. And do you know where you left off, Mr. Distaso? DISTASO: I do, your Honor. Thanks. JUDGE: Go ahead. DISTASO: Detective, where we left off was I think you said that you just finished looking through -- I mean looking at the defendant's boat. You took some pictures and you were getting ready to leave the shop? BROCCHINI: Yes. DISTASO: Okay. What happened next? Where did you go? BROCCHINI: We went to Dittos, which is a copy place in downtown Modesto. DISTASO: It's kind of -- kind of like a Kinko's, right? BROCCHINI: Yes. DISTASO: All right. And why -- why did you go there? BROCCHINI: Some of Scott and Laci's friends and family were at Dittos, making flyers. They needed information, like phone numbers, to put on the flyers. So, Scott wanted to stop there, so we stopped there. DISTASO: And did both you and Mr. Peterson go into the shop? BROCCHINI: Yes, we did. DISTASO: And you said they were making flyers? BROCCHINI: Yes. DISTASO: Did one or both of you look at the flyers? BROCCHINI: Yes. DISTASO: What happened next? BROCCHINI: We left there and drove to the Modesto Police Department. DISTASO: And where was Officer Evers at this time? Did -- did he go with you to Dittoes? BROCCHINI: No, he didn't. DISTASO: What happened next? You got to the Modesto Police Department; what happened next? BROCCHINI: I got out of my car to do this interview, and realized I left my notebook in the shop. I set it down to take pictures. DISTASO: And we saw in the -- in the video we saw you working on a note pad with a black kind of binder thing. Is that what you were talking about? BROCCHINI: Yes. DISTASO: And when you were doing the walk around of -- the walk-through of the house, and while you were part of this investigation, had you been taking some notes on that? BROCCHINI: Yes. DISTASO: Why did you feel it was important for you to go back and get your notebook? BROCCHINI: I needed my notes. I needed something to write on when I was talking to Scott, and it was at his shop, so I just said let's go back and get it. DISTASO: Okay. BROCCHINI: And we got back in the car and drove over there. DISTASO: And what happened? BROCCHINI: He went in through the door. DISTASO: Okay. Wait a minute. Let me stop you. Can you use the pointer to show the jury exactly what happened back there at the shop? BROCCHINI: I parked in front. We went in this door. Scott unlocked it. I followed him in. Scott went in this door. I followed him in. I lit up the area with my flashlight, because I wasn't positive where I left it. I just knew I left it in there. I spotted it on the edge of the boat here. I said There it is. He grabbed it. He jumped back over, handed it to me, and we walked out, shut the door, got in my car and drove to the station. DISTASO: And then when you got back to the -- to the police department, is that when you sat down with Mr. Peterson and did the interview that we saw earlier? BROCCHINI: Yes. DISTASO: Okay. Now, before we move on, let me show you some items that we've talked about. Your Honor, this was marked next in order. JUDGE: Number 70? DISTASO: It is. It's number 70. And it's A through A A. JUDGE: A through A A. DISTASO: Yeah. So it goes all the way to Z and then to A A. And just for the court's information, 70 A A is the negatives from the photographs that are listed 70 A through Z. JUDGE: Okay. DISTASO: That's where we're at. GERAGOS: These are the thirty-fives? DISTASO: Yes. JUDGE: Have you seen these, Mr. Geragos? GERAGOS: Yes, I have, Judge. Are you going to mark the larger book? DISTASO: No. GERAGOS: Just use -- DISTASO: I'm going to use those. GERAGOS: Okay. Thank you. (People's Exhibits 70 A through 70 AA marked for identification) DISTASO: Detective, how many pictures do you remember -- I don't know -- I don't know if you know this, but how many pictures, off the top your head, do you remember actually taking at the shop? BROCCHINI: Around between eight and ten. I can't remember exactly. DISTASO: Did you -- so you didn't take a whole roll of film? BROCCHINI: No. DISTASO: And you got this camera you said from another officer? You called and they brought you a camera? BROCCHINI: Yes. DISTASO: Did you change to a new roll of film? BROCCHINI: No. DISTASO: Okay. So whatever pictures or something were on that film were there when you took these pictures? BROCCHINI: Yes. DISTASO: Okay. And I think you testified earlier that you took a couple pictures of Officer Evers's patrol car to begin with? BROCCHINI: Yes, just to see if my flash was working. DISTASO: Okay. And then you took some inside the shop? BROCCHINI: Yes. DISTASO: Go ahead and look at these photographs. They've been marked 70 A through Z. And look through the whole roll and tell me if you recognize what's on there. BROCCHINI: I do. DISTASO: And are those the photographs you took from -- while you were at Mr. Peterson's shop on the 24th of December? BROCCHINI: There's a couple in here I didn't take, but, yeah, they are. DISTASO: Okay. And you can use 70 A -- or I guess just 70, then, is a contact sheet of all the picture, correct? BROCCHINI: Yes. DISTASO: And on there many of them are blank. Do you see that? BROCCHINI: Yes. DISTASO: And why is that? BROCCHINI: Because when I was done taking pictures I pushed the rewind button on the camera, took the film out of it and kept it. DISTASO: And you said there's a couple pictures on there that you didn't take; is that right? BROCCHINI: Yes. DISTASO: And do you know are those from another case? Or do you know where those are from? BROCCHINI: They're from another case. Not involved with me. DISTASO: Okay. So they were on that roll of film, and then you used it to take pictures in this case, and when the film was developed, those ones also were developed? BROCCHINI: Yes. DISTASO: Okay. Can you pull out of here -- you don't have to talk about the blank ones, but can you pull out and give us the numbers, for the record, of the pictures that you actually took on December 24th? BROCCHINI: Okay. DISTASO: Do you got (sic) them there? BROCCHINI: Mr. Geragos -- DISTASO: Mr. Geragos? BROCCHINI: -- has them. GERAGOS: Thanks. DISTASO: And let's see if I can... JUDGE: So from A to Z, these are the only ones that are on there? DISTASO: Well, no, your Honor -- GERAGOS: There's a subsection of the A through Z. DISTASO: Right. This is a subsection, but I'm actually going to move all these into evidence. JUDGE: How about the ones that don't apply to this case? You're not going to move those in, are you? DISTASO: I'm going to. JUDGE: Is there any objection to that? GERAGOS: Well, they're all shown -- you know, in actuality, they're all shown on the contact sheet, so for -- to just keep them together, I don't really care. JUDGE: All right. At least separate the ones so the jury knows. GERAGOS: I was hoping that when -- that's why I took a look at the ones he separated out as a subset. Hopefully he'll identify those for the record. JUDGE: Yeah. DISTASO: We're almost there. JUDGE: Okay. And this is for me to keep track. DISTASO: All right. I'm going to have him just talk about right now, Judge, the ones -- JUDGE: All right. DISTASO: -- that he took. DISTASO: Go ahead, Detective. If you could start at the beginning and tell us -- just give us the number for the record and tell us what the picture is. GERAGOS: Can we just clarify these are the ones that he's pulled out that he took on the 24th? JUDGE: Right. BROCCHINI: That's correct. DISTASO: Go ahead. BROCCHINI: 70 N is a photograph of the back portion of the boat and the license plate on the trailer. 70 O is a photo of the left side of the boat, if you're sitting in it, facing forward. And it shows the front of the trailer and the C F number on the side of the boat. DISTASO: And what's the C F number? Is that, like, the registration number? BROCCHINI: Yes. DISTASO: Okay. Go ahead. BROCCHINI: It also shows portions of the boat, including my notebook that's inside the boat. DISTASO: And, well, let me stop you then. Is that -- where in the boat is your notebook? BROCCHINI: It's just on the very front seat of the -- and leaning up on the edge where I sat. DISTASO: Is that where you left it? BROCCHINI: Yeah, it was where I sat it there to take some pictures. DISTASO: Go ahead. BROCCHINI: 70 P is the picture of the very rear of the boat. It shows a little bit of the motor, the battery box, the gas tank, the small red rope that I saw on the boat on that day. DISTASO: And do you know how -- about how big that red rope was? BROCCHINI: It's about -- I guessed at about six feet long. DISTASO: Okay. BROCCHINI: 70 Q is a center section of the boat. It shows a spare tire, two fishing reels, an orange life preserver, a couple of gloves, the -- the needle-nosed pliers, handle, a shoestring, and a red pen. DISTASO: Okay. Let me ask you this: When you were taking these pictures, did you also note in your report some of the items that you had seen in the boat? BROCCHINI: Yes. DISTASO: Did you note, like -- like in that picture where you just gave us that list of items, did you note every item that was actually in the boat? Or just the ones you remember? Or how did that work? BROCCHINI: I just noted some of the items. I -- when I wrote my report, you know, I said I saw some fishing poles. I described what they looked like. The spare tire. I didn't describe everything that I just testified to. DISTASO: Okay. Go ahead. BROCCHINI: The 70 R is another section in the boat. It shows the tackle box, the home-made anchor, part of an oar and a couple of seat cushions. DISTASO: You said there's a home-made anchor. Was that like a little cement anchor with some rebar on the top? BROCCHINI: Yeah. It looked like a piece of -- made of cement, made in a can or some kind of container, with a little rebar on top. DISTASO: Did you see any rope in the boat that night that was longer than that six feet or so piece of rope that you saw? BROCCHINI: No. DISTASO: Okay. Go ahead. What's the next one -- go ahead ne 9 and describe the next picture. BROCCHINI: 70 S is a photo of the front section of the boat. It shows a green like plastic duffel bag, part of an oar and a spare gas can. 70 T is a photo I took from standing outside of the shop, looking in. It's a blurry photo, but you can see the flatbed and you can see the boat. DISTASO: And did Mr. Peterson make any comments to you when you took that picture? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: He said he didn't want me to let his boss see that photograph of his boat in his shop. DISTASO: And did you ask him anything about that? Why -- what he meant by that or anything? BROCCHINI: No. DISTASO: Okay. Go ahead. BROCCHINI: 70 U is just -- I don't even know what it is. It's a blank photo with, like, a picture of the headlight or light bar or a reflection from my flash from the window of the patrol car. I can't say for sure. DISTASO: All right. BROCCHINI: 70 V is a picture of the patrol car number 52. 70 W is a picture of the patrol car window. And 70 X is a picture of the patrol car window -- driver's side window. DISTASO: Your Honor, at this time I'm going to ask the detective a couple other questions, but can I publish these to the jury? They can kind of flip through them while I'm going. JUDGE: Sure, if you want to do that. DISTASO: I'll start right here, pass them around. JUDGE: Yeah, just split them in half. DISTASO: Oh, I'm sorry. JUROR: That's okay. DISTASO: Give them to you and then just take them away. JUDGE: Just pass them all the way around. Okay. You're moving those -- do those photographs truly and accurately portray the boat as it appeared to you that night? BROCCHINI: Yes, it did. They do. JUDGE: Okay. Since you're showing them to the jury, then they're moved into evidence. 70 N, O, P, Q, R, S, T, U, V, W, X are in evidence. Okay. GERAGOS: Yes, sir. JUDGE: All right. DISTASO: Okay, your Honor. When -- thank you, your Honor. DISTASO: Detective, when you -- when told us about, you know, leaving your keys and leaving your binder in the shop, did you document that information in your report? BROCCHINI: Yes, I did. DISTASO: Did you also document in your report on this -- about this, that you had taken the defendant's gun? BROCCHINI: Yes, I did. DISTASO: When you got -- when you found the gun in the glove box, was it loaded or unloaded? BROCCHINI: It was loaded. DISTASO: And let me show you the gun right now. This is marked next in order, your Honor. It's a gun. JUDGE: Okay. That would be -- that would be -- GERAGOS: 71. JUDGE: 71. DISTASO: Do you want to see it? Or have you already seen it? GERAGOS: I've seen it. JUDGE: Envelope and contents will be the weapon, right? DISTASO: Yes, your Honor. DISTASO: You can just -- Detective, just pull it out, hold it up to the jury. And it's a .22 caliber pistol; is that right? BROCCHINI: Yes, it is. DISTASO: And you said that it was a -- loaded when you recovered it? BROCCHINI: Yes, it was. DISTASO: And the handle is -- the hand grips are off the frame of that gun? BROCCHINI: Yes. DISTASO: And can you see the magazine inside? BROCCHINI: Yes. DISTASO: And could you see rounds in the magazine? BROCCHINI: Yes, I could. DISTASO: And just so -- for people who aren't familiar with guns, the magazine goes into the butt portion of that handle; is that right? BROCCHINI: Yes, it does. DISTASO: Okay. You can put that away. When you were -- also that evening when you were at the house, or at the shop, did Officer Evers give to you a Berkeley Marina receipt that the defendant had given to him? BROCCHINI: Yes, he gave it to me during the initial briefing. DISTASO: Okay. And this is the one that we saw in the video where you were going over this receipt with the defendant? BROCCHINI: Yes. DISTASO: All right. This is People's 53. Is this the receipt that you saw? BROCCHINI: Yes, it is. DISTASO: All right. The anchor that you saw at the shop, let me show you this next item. GERAGOS: Are you going to mark it as 72? DISTASO: Yeah. (Exhibit being shown to Mr. Geragos) DISTASO: This will be marked 72, Judge. Anchor. JUDGE: Is this the anchor? DISTASO: Cement anchor. JUDGE: All right. Bag and contents will be 72. Which is anchor. *** 1 (People's Exhibit 72, anchor and bag, marked for identification) DISTASO: And, Detective, is this the cement anchor with the rebar that you saw on the 24th? This is marked People's 72. BROCCHINI: Yes, it is. DISTASO: Can you just hold it for the jury so they can see it? BROCCHINI: Do you want me to take it out of the bag? DISTASO: No, you can leave it in the bag. Just show them what it is. Okay. That's fine. Are those pictures done being handed around? Oh, they're coming around. Now, the -- Detective, you said you saw some lures and I think a Big 5 bag and receipt in the truck; is that right? BROCCHINI: Yes, I did. DISTASO: Okay. Let me show you the next item that's marked. GERAGOS: 73? DISTASO: Yeah. The receipt's going to be 73, receipt and the bag. GERAGOS: Big 5? JUDGE: Bag and contents. (People's Exhibit 73, Big 5 bag and receipt, marked for identification) DISTASO: Bag and contents is fine. JUDGE: What's in the bag? DISTASO: It's a Big 5 bag with the receipt stapled to the outside. And the next one's going to be two lures and a fishing license. JUDGE: 74, bag and contents, two lures and fishing license. (People's Exhibit 74, bag with two lures and a fishing license, marked for identification) (Exhibits 73 and 74 shown to Mr. Geragos) GERAGOS: That was 73. This is 74? DISTASO: 74. DISTASO: Detective, is this the Big 5 bag and the receipt that you saw? BROCCHINI: Well, I saw this twice. The first time I saw it was on the 24th. DISTASO: Uh-huh. BROCCHINI: In the -- in the truck. DISTASO: All right. And the bag and receipt were in the truck, correct? BROCCHINI: The bag -- the receipt was in the bag with two fishing lures in the back floorboard of the truck. DISTASO: Okay. And those were -- the two lures were unopened at the time? BROCCHINI: Yes. DISTASO: And then you saw those items later somewhere else. When? When and where? BROCCHINI: On the 27th they were -- I saw them at the -- at the shop. They were shown to me at the shop. They were in the office area. JUDGE: Has everybody seen those pictures? THE JURORS: No. JUDGE: The front row hasn't seen them. You still haven't? Or the other ones are enroute. Okay. That's okay. DISTASO: I'm just going to leave them there, Judge, and when they come around I'll get them. DISTASO: Detective, the fishing lures that you saw in that bag -- let me show you People's 74. Do you recognize the lures that are in there? BROCCHINI: Yes, I do. DISTASO: And are those the lures that you saw? BROCCHINI: Yes. DISTASO: And they were in the bag in the truck on the 24th? BROCCHINI: Yes. DISTASO: And where did you see them, then, on the 26th or the 27th? BROCCHINI: On the 27th these were in the green bag in the boat. DISTASO: Okay. Hold on a second. And they were in the unopened condition that they are now? BROCCHINI: Yes. DISTASO: Your Honor, I'm going to ask to pass these lures around to the jury, too. JUDGE: Okay. Just pass them to your left. GERAGOS: As long as he's passing the lures, I would ask that he also pass the 1999 two-day fishing license that was with it in that same exhibit. DISTASO: Well, the only problem is that the detective didn't see that or recover it, so he can't testify to it. GERAGOS: It's in the same -- it's in the exact same -- JUDGE: Well, if you're not objecting to it, then he can move it into evidence now and let them see it. GERAGOS: Right. JUDGE: If Mr. Geragos isn't objecting. DISTASO: I don't have any problem. JUDGE: All right. DISTASO: I know the detective -- someone else recovered it. JUDGE: But he's not objecting to it. GERAGOS: For the record it appears that there's a little paper clip or a safety pin through a plastic cover, and inside of it is a 1999 two-day fishing license. JUDGE: Okay. DISTASO: That's right, your Honor. That's fine. JUDGE: All right. So 73 and 74 may also be admitted into evidence and published to the jury. DISTASO: That's fine. I'll pass that around. (People's Exhibits 73 and 74 received in evidence and published to the jury) DISTASO: Before I move on, Detective, to another subject, let me finish up this binder, for the record. People's 69, do you recognize what that picture depicts? BROCCHINI: Yes. DISTASO: And -- GERAGOS: 69 what? DISTASO: I'm sorry. BROCCHINI: G. DISTASO: I'm sorry. This is 69 G. JUDGE: G. DISTASO: Just so we can speed this up a little bit, that's a picture of the boat? BROCCHINI: On the day of the search warrant that's a picture of the boat, the camouflage jacket, and the green bag that those lures and that license were found, inside of the shop. DISTASO: Right and that -- the jacket that you see there that's in the boat, is that the jacket that you also saw in the truck on the 24th? BROCCHINI: Yes. DISTASO: Okay. And, your Honor, 69 H, foundation has already been laid for that. JUDGE: Yes. GERAGOS: I was the next. JUDGE: We need F, J, K and M. DISTASO: Okay. And J -- Detective, 69 J, is that a picture of the shed where you saw what you thought was a canvas-colored tarp that was originally in the truck and then was later in this particular shed on the day of the search warrant? BROCCHINI: Yes. Underneath the gas blower. DISTASO: And 69 K, is that a picture of the shed showing the gas blower? BROCCHINI: Yes. After the tarp was removed. DISTASO: And 69 L, is that a picture of the -- what you thought was a canvas tarp? Do you know what this is now? BROCCHINI: Yes. DISTASO: What is it? BROCCHINI: It's the boat tarp. DISTASO: Okay. Is it the boat cover? BROCCHINI: Yeah. It's the cover for the top of the boat. DISTASO: Okay. And that's laid out on the fence. And that's 69 L? BROCCHINI: Yes. DISTASO: Okay. GERAGOS: Can you identify I? DISTASO: I thought we did. JUDGE: We still have F and M. We've laid a foundation -- or you've laid a foundation for -- GERAGOS: F we got is the "No Landing" and debris. M we don't have. JUDGE: We have H, J, I, L, G, J, K. According to my notes there's nothing on M or N. DISTASO: All right. Let me lay a quick record for that, Judge. DISTASO: 69 F, is that a picture of the "No Landing" sign on Brooks Island? BROCCHINI: Yes. DISTASO: Okay. And then 69 M -- we haven't got there yet, but I'm just going to finish up this binder now -- is that a picture of some concrete debris that you recovered from the front yard of Mr. Peterson's home on the night of, I think, the 27th of December? BROCCHINI: Yes. I took that picture, and it's a picture of cement that we recovered. DISTASO: All right. Your Honor, at this time I'm actually going to pass 69 around. JUDGE: Want to show them on the thing? Because they've got their hands full now. DISTASO: Well, I was -- my problem before lunch is I'm having serious technical problems with this stuff. It seems easier to -- JUDGE: I'll tell you what, the jurors need to deal with what they have in front of them. They have their hands full now. DISTASO: That's fine. JUDGE: Let's finish -- at least finish with the photographs. And then these photographs, A through M, truly and accurately portray the scene as you saw it at the time in question? BROCCHINI: Yes, they do. JUDGE: Okay. DISTASO: All right, Detective, let's kind of move on. Does that pretty much cover the items that you saw on the 24th and were later recovered on the 26th or the 27th? BROCCHINI: There might be a few more. DISTASO: Okay. Well, let's move on, anyway. BROCCHINI: Okay. DISTASO: On the -- what was your role in this particular investigation? What were you assigned to do? BROCCHINI: Well, find Laci, obviously would have been one of my roles. Find out what happened to her. But my role in this -- in the beginning of this on the 24th was to eliminate Scott Peterson as a suspect, since he was the last person to see her alive, the last person that we knew and knew of her. So my initial role was to eliminate Scott. And I -- DISTASO: Okay. Go ahead. I'm sorry, I didn't mean -- BROCCHINI: And I explained -- GERAGOS: Objection. There's no question pending. DISTASO: He was still answering. JUDGE: Yeah, he hadn't finished. BROCCHINI: And that was -- I explained that to the mother. There was a lot of other officers doing a lot of other things, but my primary job was to talk to him, eliminate him as a suspect. DISTASO: And did -- did you document in the report that that was the role you had told Scott Peterson that you were going to assume or that you had to do? BROCCHINI: I documented that, and I also documented, you know, a few other things I told him. DISTASO: On the 25th, Christmas day, were you back at work? BROCCHINI: I think I stayed at work; but, yeah, I was there. DISTASO: Okay. So you finished up with Mr. Peterson around -- something around 1:00 o'clock or so, 1:30-ish I guess? BROCCHINI: Yes. DISTASO: And then -- on Christmas day? BROCCHINI: Yes. DISTASO: And then you were still working the next morning? BROCCHINI: Well, I -- after Mr. Peterson and I went back to the station, I did a what we call a track flyer. It's a photograph of Laci and you put in information and you track it or you computer generate it out to all the local police departments and agencies, you know, as a missing persons, suspicious missing persons. JUDGE: Mr. Distaso, you want to collect? DISTASO: Yeah. Thanks. BROCCHINI: And then -- I possibly went home that night for a little while, but I was back first thing in the morning, at about 6:00 or 7:00. DISTASO: Before I put these away, 70 A A, go ahead and just hold these up to the light quickly. Are these the negatives of the pictures that you took? BROCCHINI: Yes, they are. DISTASO: Okay. On the 24th; is that right? BROCCHINI: Yes. DISTASO: So this series of 70 A through A A, these are the negatives of the pictures that we talked about, these are the negatives for those? BROCCHINI: That's right. DISTASO: All right. JUDGE: Mr. Distaso, if you want to publish the big binder now, 69? DISTASO: Okay. I'll pass that out, too. Oh, it's up here. (People's Exhibit 69 published to the jury) DISTASO: Okay. On the 25th, did you have any contact with Mr. Peterson? BROCCHINI: Yes. DISTASO: And what was that? BROCCHINI: Well, I saw him first thing in the morning, around 7:00 or 8:00. Actually, I introduced him to Detective John Buehler at that time, at his house. Checked in with him, told him what had happened during the night. And then I went back to my office. DISTASO: Okay. And you were just doing work on the case? BROCCHINI: Yes. DISTASO: Now, did -- did you receive a phone call from Mr. Peterson? BROCCHINI: Yes. DISTASO: About what time did that happen? BROCCHINI: About 6:30 p.m. DISTASO: And what did he say? What was that phone call about? BROCCHINI: He wanted to know how the search was going in Dry Creek. DISTASO: And what did you tell him? BROCCHINI: I told him that we had a team of officers in there that searched all night, did a grid search all night, we brought in fresh officers in the morning and redid the ne 23 whole search of the park, grid search in the daytime. We had three dog teams in there. We had used a helicopter with a FLIR, which is like a heat sensor, to look in there. We also had horses coming in. DISTASO: Okay. And what was Mr. Peterson's response? BROCCHINI: He wanted to know if we were using cadaver dogs. DISTASO: And what did you say to that? BROCCHINI: I said I hadn't considered Laci dead yet, so, no, we weren't using them. DISTASO: And cadaver dogs, just for the jury's information, are dogs that are -- that are used to try to track dead or decaying flesh? BROCCHINI: Yes. DISTASO: All right. Now, on the 26th were you present or were you involved in collecting some scent articles from the defendant that were to be used in some tracking dog searches that were to take place later? BROCCHINI: I wasn't involved in collecting them. I was present. I was there when they were collected. DISTASO: Okay. And you weren't the one who actually collected them? BROCCHINI: No. DISTASO: It was the dog tracking people who were going to use them later that were actually the ones who collected these items? BROCCHINI: Yes. DISTASO: You were present -- or you were at least present when some of this was going on? BROCCHINI: Yes. DISTASO: Did -- after the items were collected, were those items given to you? BROCCHINI: Later. DISTASO: When did -- just -- I don't want you to talk about the collection since you didn't do it, but did -- at what time was it when those items were starting to be collected, or when -- when did that first come about? BROCCHINI: Can I look at my report? DISTASO: Yeah. Go ahead. GERAGOS: Can I ask what page number? BROCCHINI: Yeah. JUDGE: Mr. Distaso, can I make a suggestion. The book that the jury has now, can those pages be taken out? DISTASO: Oh, they can be. JUDGE: Why don't you take them out so they can look at one page and pass it. Otherwise it takes -- DISTASO: That's fine. Sorry. JUDGE: We're going to take the pages out, and just look at one page and pass it to your left. Otherwise -- you don't have to take the whole book. DISTASO: They're individually marked. JUDGE: Yeah. That's what? BROCCHINI: 1052. It was around 5:00 o'clock in the evening on the 26th. DISTASO: All right. And what was -- who was, like, the main person that was -- the main dog tracking person that was kind of involved in that? BROCCHINI: He's a reserve officer for Contra Costa County Sheriff's Office. His name is Chris Boyer. DISTASO: And then after Deputy Boyer, you know, collected those items, or whatever, were they given to you? BROCCHINI: Later. DISTASO: I mean at some point later in the evening? BROCCHINI: Yes. Yes. DISTASO: And what time was that? BROCCHINI: It was about 9:30 at night. DISTASO: And what condition did they come to you in? BROCCHINI: They were in separate Ziplocked like one-gallon plastic bags. DISTASO: Like one-gallon Ziploc storage bags? BROCCHINI: Yes. DISTASO: And was the Ziploc bag closed? BROCCHINI: Yes, it was. DISTASO: And what were those items? What physically were they? BROCCHINI: There was a pink slipper that belonged to Laci, a gray slipper that belonged to Scott, a hairbrush that belonged to Laci, and Laci's sunglasses and a hard sunglass case. DISTASO: And do you remember if the sunglasses were inside the case or outside? BROCCHINI: They were inside. DISTASO: They were inside? BROCCHINI: Yes. DISTASO: Let me mark these next. JUDGE: Marking this next in order. DISTASO: Yes, your Honor. 75. JUDGE: What is it? DISTASO: It is -- JUDGE: Bag and contents. What is it? DISTASO: It's a gray slipper. JUDGE: Gray slipper. Okay. DISTASO: 76, your Honor, is a hairbrush. JUDGE: Okay. DISTASO: 77 -- JUDGE: Bag and contents. DISTASO: That's right. Bag and contents again for -- JUDGE: Is a hairbrush. DISTASO: 77. JUDGE: Wait a minute. GERAGOS: Wait a second. I thought 76 was the hairbrush? DISTASO: It is. JUDGE: Bag and contents was 76, which is the hairbrush. GERAGOS: Right. JUDGE: What's 77? DISTASO: Bag and contents, and it's a pink slipper. JUDGE: Pink slipper. DISTASO: And finally, your Honor, 78. JUDGE: Okay. What's that? DISTASO: It's a sunglasses. Bag and contents. JUDGE: Bag and contents, sunglasses. Does that also include the case? DISTASO: It does. They're inside there. JUDGE: Okay. (People's Exhibits 75, 76, 77 and 78 marked for identification) DISTASO: Detective, let me show you 75. And just say -- we'll do them one at a time. Do you recognize that bag and item? BROCCHINI: Yes, I do. DISTASO: And what is that? What's inside there? BROCCHINI: This is a gray slipper. Inside a Ziploc bag that is zipped. DISTASO: Okay. And these evidence bags are still sealed, correct? BROCCHINI: Yes. DISTASO: All right. And 76? BROCCHINI: It is a hairbrush inside a Ziploc bag. DISTASO: And are these the scent articles that you have just described? BROCCHINI: Yes. DISTASO: And 77? BROCCHINI: This is a pink slipper in a Ziploc bag that I put into the -- I put all these Ziplocs into all these envelopes. DISTASO: And 78? BROCCHINI: It's the sunglasses and sunglass case inside a Ziploc bag. DISTASO: Now, did -- deputy Boyer you said gave those back to you at some time later in the evening? BROCCHINI: About 9:30 that night. DISTASO: And were you aware that those items were going to be needed for some dog tracks -- or dog tracking events that were going to take place later, like on December 28? BROCCHINI: Yes. DISTASO: Okay. And so where did you put those items? BROCCHINI: I kept them with me until I locked them in my desk. DISTASO: And did you give those items to Detective Schmierer who then used them in a further dog tracking event? BROCCHINI: Not all of them. DISTASO: Okay. Which ones did you give to Detective Schmierer? BROCCHINI: Boyer asked me to send the pink slipper, the gray slipper and the sunglasses up with Detective Schmierer and Stough. DISTASO: And did you give those items to those other detectives? BROCCHINI: Yes, I did. DISTASO: Did those detectives then at some point return the items to you? BROCCHINI: Yes. DISTASO: And when was that? BROCCHINI: I gave them to them on the 28th about 6:00 -- 5:00 or 6:00 in the morning. They returned them on the 28th to me about 3:00 o'clock in the afternoon, right around there. DISTASO: Now, on the 26th, that was the day that the search warrant was initially served on the Peterson home? BROCCHINI: Yes. DISTASO: And the searching of the home, what time was it that the search warrant was initially served? BROCCHINI: About 5:00 o'clock is when we -- on the 26th. JUDGE: P.m. or am? BROCCHINI: P.m. is when we served it. DISTASO: All right. And then so this searching take place all night, through the night? Or did it take place mostly on the 27th, the next day? BROCCHINI: Yeah, it -- some things happened during that night. We never left the residence, but searching stopped at some point, and then we started up first thing in the morning. DISTASO: On the 27th? BROCCHINI: Yes. DISTASO: When the -- when the search warrant was first served, was one of the items a two-day fishing license that you had seen referenced on the receipt from the Big 5 -- in the Big 5 bag? BROCCHINI: Yes. One of the items on the search warrant what called for was the two-day fishing license, and Scott gave it to me that day. DISTASO: Okay. Can you just tell the jury what happened with that. That was one of the items, and so you told Mr. Peterson -- you told Mr. Peterson about the search warrant, correct? BROCCHINI: Yes. Detective Grogan explained the search warrant to him, gave him a copy of the search warrant, and Mr. Peterson was reading it. And as he was reading it, he walked over to his counter, his kitchen counter, he picked something up, walked to me and said Here's this. And, to me, it -- it appeared he had read it on the search warrant -- GERAGOS: Objection. Calls for speculation. JUDGE: Sustained. DISTASO: Okay. JUDGE: He looked at the warrant and started giving you items. BROCCHINI: Well, he gave me one item, that item. JUDGE: What was it? BROCCHINI: The fishing license. JUDGE: Gave you the fishing license. DISTASO: Your Honor, I'm going to mark next in order, it will be 79. It will be the fishing license. JUDGE: Okay. Is it in a bag? DISTASO: Yeah, it's in a bag. JUDGE: Bag and contents, which is the fishing license. (People's Exhibit 79 marked for identification) GERAGOS: This is the 2000 and 3 two-day sportfishing license. DISTASO: And, Detective, is People's 79, is this the two-day license that he handed you? BROCCHINI: Yes, it is. DISTASO: Your Honor, is it okay if I pass this one along to the jury, too. JUDGE: Okay. Why don't we wait until some of that stuff -- DISTASO: Want me to wait until some of that stuff comes, all right. DISTASO: On the -- on the 27th, Detective Brocchini, were you asked to go back to the house and collect some concrete debris that you had seen? BROCCHINI: Yes. DISTASO: Can you tell the jury about that? BROCCHINI: Detective Grogan called me on the phone and he asked me to go back to the house. It was still under police custody from the search warrant. And he asked me to collect a small sample of the dried concrete -- freshly dried, it looked like to me, concrete on the side of the house. DISTASO: Where was it? BROCCHINI: It was in the front driveway, on the north side of the driveway. There's a small patch of dirt between the fence -- like between the hedges of the fence and the driveway. JUDGE: Can you point it out on the map here? BROCCHINI: I passed one picture around of it. JUDGE: Where was it in relation to the residence? BROCCHINI: It was right here. JUDGE: Okay. DISTASO: Can you -- can you write there, just take that red pen that you were using and just write on there "concrete debris." JUDGE: Yeah. Just make an X, draw a little line out from it and write "concrete debris." DISTASO: And then can you put the date that you collected it. BROCCHINI: I put cement debris, 12/12 of oh three. DISTASO: And does People's 80, does that contain the cement debris that you collected? BROCCHINI: Yes, it does. DISTASO: Okay. You can just put it down, Detective. JUDGE: 80 is the bag and contents, concrete debris. (People's Exhibit 80 marked for identification) DISTASO: On -- now, this kind of takes us to about the 27th. On that day were you -- you were obviously still working on the case, correct? BROCCHINI: Yes. DISTASO: And then that continued on the 28th and the 29th? BROCCHINI: Yes. DISTASO: As part of that were you aware that some kind of tip line or something had been set up for people to call in if they had information? BROCCHINI: Yes. DISTASO: And were you aware that, you know, large numbers of tips were coming in? BROCCHINI: Yes. DISTASO: Were you present when a tip came in by a woman by the name of Amber Frey? BROCCHINI: Yes. DISTASO: Can you tell the jury what happened with that? BROCCHINI: There's a clerk that was manning the tip line. We had two of them at the time, and I was standing behind her desk and I was watching her type. She had headphones on and she was typing a tip in from a lady named Amber Frey that was claiming to be Scott Peterson's girlfriend. And she was giving a lot of details, like I met him on November 19th and he said he wasn't married and -- GERAGOS: Be an objection. Hearsay. JUDGE: Well, I think again this goes to explain the reasonableness of the conduct. GERAGOS: His what? JUDGE: The reasonableness of his conduct. What did he do when he learned this information; what did he do about it. GERAGOS: But the details to explain subsequent conduct, under the code, solely -- JUDGE: Just talking about -- GERAGOS: -- received information. JUDGE: -- identified herself as being Amber Frey, as being Scott Peterson's girlfriend. GERAGOS: Exactly. JUDGE: That part can come in. The rest can go out. DISTASO: That's fine. DISTASO: So you got this information; is that right? BROCCHINI: Well, I saw it being typed, and then I took over the phone. DISTASO: Okay. BROCCHINI: I took the phone and spoke to her on the phone. DISTASO: Okay. So you spoke to a woman who identified herself as Amber Frey? BROCCHINI: Yes. DISTASO: And then what did you do -- when you got that information, what did you do? BROCCHINI: I briefed Detective Grogan and John -- Detective Buehler. And I had already made an appointment with her that we would be driving down to speak with her right then, and then Buehler and I drove to Madera and met with her. DISTASO: And up to that point had Mr. Peterson ever told you or called you or sent you a letter or anything to let you know that there was this woman, Amber Frey, with whom he had this relationship? BROCCHINI: No. He said he never had a relationship. DISTASO: And so after you spoke with her, did you speak to anybody else that day? BROCCHINI: Detective Buehler and I drove to Madera and met with Amber Frey and her friend, Shawn Sibley, who identified -- who introduced Mr. Peterson to Amber Frey. DISTASO: Okay. And you talked to both of them; is that right? And took statements from them? BROCCHINI: Yes. DISTASO: Did you do anything -- did you or Detective Buehler, to your knowledge, do anything else while you were down there in regards to the investigation? BROCCHINI: Yes. DISTASO: What was that? BROCCHINI: We went to Radio Shack, and I purchased her a recording device for her cell phone, because she was receiving phone calls from him still. And we showed her how to use it. DISTASO: And did you -- you -- so you gave her this equipment? BROCCHINI: Yes. DISTASO: Did you -- and you -- you instructed her in its use, correct? BROCCHINI: Yes. DISTASO: Okay. Did you give her any other further instructions regarding, like, for her to try to do anything? Or to just record the calls? Or what did you tell her, if anything? BROCCHINI: I told her not to tell him that she was working with the police. I told her to -- she had told -- she had given us a statement of everything he was saying to her, and I said, you know, Just keep talking to him, let him keep telling you whatever he was telling you. At that meeting that's pretty much what the instructions were. Just keep things going the way they were. DISTASO: Did -- and to your knowledge did Ms. Frey begin to start recording conversations that she was having with the defendant? BROCCHINI: She -- she did. She recorded one while we were there. DISTASO: And then did -- did you subsequently either see or get some tapes yourself, tapes that Miss Frey gave you of her speaking with the defendant? BROCCHINI: Yes. DISTASO: Sometime in January did you order some television shows from the Martha Stewart show? BROCCHINI: Yes. DISTASO: And why did you do that? BROCCHINI: Because during the interview Scott said he had been watching that show with Laci on the 24th. DISTASO: And what was your -- why did you want to see that? What was your reasoning for doing that? BROCCHINI: Well, he said what a portion of the show was about, and I wanted to know if that show, that portion, was on that tape. I was corroborating what he -- I was trying to corroborate what he told me. DISTASO: All right. Let me -- GERAGOS: Is this 81 and 82? Or going to do them separately? DISTASO: How about 81 and 81 A for the transcript. JUDGE: Are they connected? GERAGOS: Except there's two -- oh, 81 for the 23rd and 81 A for the transcript of the 23rd? DISTASO: Yeah. Here's how I want to do it, Judge. The tape and transcript. JUDGE: Okay. DISTASO: The tape will -- the first tape will be 81. JUDGE: All right. 81 is the tape. DISTASO: Uh-huh. GERAGOS: And that's of the -- on the 23rd? DISTASO: Right. JUDGE: Of what, January 23rd? DISTASO: No, December 23rd. Oh two. JUDGE: December 23rd. And what's 81 A? DISTASO: 81 A will be the transcript of that. JUDGE: Okay. 81 A is the transcript of it. *** (People's Exhibits 81, 81 A, 82 and 82 A marked for identification) JUDGE: All right. Before we get lost here, has everybody seen those photographs? And did we get the fishing lures? Did you guys pass that back? We got those, too. DISTASO: And I think there was a license. Oh, good that's back, too. BROCCHINI: I think there's one more going around. DISTASO: No, I haven't sent it around. Give me one sec, Judge. I want to put these away so we don't lose them. JUDGE: Yeah. That's all right. (Pause in proceedings) DISTASO: I'm going to pass around that fishing license. JUDGE: The fishing license gets published, Mr. Geragos. GERAGOS: This is 79? JUDGE: 79. GERAGOS: Which is the 2003. No objection. JUDGE: 79 may be admitted into evidence and published to the jury. 2 (People's Exhibit 79 admitted in evidence and published to the jury) DISTASO: And I'm going to mark -- and I'm going -- while that's being passed around -- JUDGE: Can we just have a little more explanation of that? 12/23/04 is 81. That's a tape of what? GERAGOS: 12/23/02. JUDGE: Oh two. GERAGOS: Tape of -- Martha Stewart tape. 81 A is the transcript of the 12/23 show. JUDGE: All right. I got it now. DISTASO: That's correct. JUDGE: The tape. And this is Martha Stewart. DISTASO: Uh-huh. And then 82, will be the exact same thing except it will be December 24, 2002, Judge. JUDGE: December 24, 2002, that's the tape. DISTASO: Uh-huh. JUDGE: And 82 A is the transcript. DISTASO: Right. JUDGE: Okay. Okay. That's the Christmas Eve day tape. DISTASO: Uh-huh. JUDGE: Martha Stewart also. DISTASO: Detective, let me show you these two items. First start with number 81. Is that -- is that a tape of a Martha Stewart show that aired on the 23rd of December, ‘02, that you watched? BROCCHINI: Yes, it is. DISTASO: And the same thing with the transcript of A. Is that a transcript of that particular tape? BROCCHINI: I didn't have this on the -- on the 17th of January when I watched that tape, but I have since watched it. DISTASO: Okay. And looked at the transcript? BROCCHINI: Yes, I have. DISTASO: Okay. Is the transcript a substantially accurate transcription of the conversation -- or the contents of the tape? BROCCHINI: Yes, it is. DISTASO: All right. And the same thing with number 82 and 82A. Again, is 82 a show that aired on December 24th, oh two, of Martha Stewart? BROCCHINI: Yes, it is. DISTASO: And again, you didn't have this transcript when you watched the show; is that right? BROCCHINI: No. Well, I didn't have it on the 17th of January when I watched it, but I have watched it and compared it to the transcript since. DISTASO: Okay. And this transcript in 82 A, is it a substantially accurate transcript of the contents of number 82, the show? BROCCHINI: Yes. DISTASO: Okay. Now, when you watched these shows originally, what date did you watch them? BROCCHINI: On January 17th of 2003. DISTASO: Okay. How is it -- how did you watch it? BROCCHINI: I plugged it in a VCR, sat in a -- a lunch room and watched it. DISTASO: Okay. Were you familiar with the Martha Stewart show? BROCCHINI: I've heard of it. I never watched it before. DISTASO: Okay. Up 'til December -- up 'til January 17th of 2003, had you ever seen a Martha Stewart show? BROCCHINI: I'd never watched one. I'd flipped through channels and seen it on there, but I'd never watched one. DISTASO: The -- when you watched the show on January 17th, what were you looking for, if anything? BROCCHINI: I was looking for Martha Stewart baking with meringue, or something similar to that. DISTASO: Okay. And on the 23rd, so December 23rd of oh two, does Martha Stewart bake something with meringue or use meringue? BROCCHINI: Yes. DISTASO: And did you notice that when you watched the show on the 17th? BROCCHINI: Yes. DISTASO: On the 24th, the show on the 24th, when you originally watched the show, did -- did you see any reference to meringue? BROCCHINI: No. DISTASO: All right. The -- when you -- have you since gone back and watched those shows again? BROCCHINI: Yes. DISTASO: And did you find out you made a mistake? BROCCHINI: Yes. DISTASO: What was your mistake? BROCCHINI: That the word "meringue" was mentioned in -- on the 24th. DISTASO: The -- and in the transcripts there of 81 A and 82 A, did you go through and mark the references to meringue on each show? BROCCHINI: Yes. DISTASO: And is there a difference in -- how many times, if you know -- I don't know if you know this, but how many times is meringue mentioned on the 23rd? If you need to look at the transcript, you can. BROCCHINI: Eight. DISTASO: How many times? BROCCHINI: Eight times. DISTASO: Okay. And how many times is meringue mentioned on the 24th? BROCCHINI: One time. DISTASO: All right. When you watched the show originally on the 24th, I mean of the -- when you watched the show of the 24th, okay, you originally watched it on the 17th, correct? BROCCHINI: Of 2003. DISTASO: Did you hear any mention of meringue? BROCCHINI: No. DISTASO: So what happened? BROCCHINI: I missed the mention of meringue while I was watching the show. DISTASO: Did you give that information to any other officer? BROCCHINI: Well, I wrote it in my police report and I gave it to a lot of different officers. DISTASO: Okay. So you documented in your reports that you had not heard a mention of meringue? BROCCHINI: That's right. DISTASO: And did you also document that you heard a mention of meringue on the show on the 23rd? BROCCHINI: Yes, I did. DISTASO: And you have since learned that that was a mistake? BROCCHINI: That was a mistake. DISTASO: Okay. The -- that information, did you also give that information to Investigator Jacobson? BROCCHINI: Yes, I did. DISTASO: And to your knowledge did he use that information as part of an affidavit that he wrote for -- for a wiretap in the case? BROCCHINI: Yes, he did. DISTASO: The -- after you watched these shows and documented that information, what -- that was on the 17th of January, correct? BROCCHINI: Yes. DISTASO: Okay. Let me go back to the 13th of January. Did you get some information from somebody that Mr. Peterson was trying to move his shop or was vacating his shop on -- in Modesto? BROCCHINI: Yes. DISTASO: And what was that information? BROCCHINI: The management company that leases the shop to Trade Corp called me and said that -- GERAGOS: Objection. Hearsay. First of all -- first of all, it doesn't identify who. It's a management company that's speaking. Second of all, all that needs to be said is that he received some information from a management company and, based upon that, what did he do. JUDGE: Yeah, it does. Okay. DISTASO: That's fine. JUDGE: You don't -- you don't know -- the management company is -- could be anybody. You received a phone call from a representative of a management company? BROCCHINI: Well, I know his name. JUDGE: Who was it? BROCCHINI: His name -- I was going to look. Can I look just to get it right? JUDGE: Sure. BROCCHINI: His name was Michael P-R-U-N -- or P-R-U-H-O-N, Pruhon. GERAGOS: Can I inquire as to what page you're referring to, Detective? BROCCHINI: That would be 1291. GERAGOS: Thank you. JUDGE: And then based upon that information what did you do? DISTASO: Hold on a sec. Let me -- JUDGE: Wait, I just asked him a question. DISTASO: I'm sorry, Judge. JUDGE: Based on that information what did you do? BROCCHINI: I went over to the fax machine and I got a fax off there that he sent me. JUDGE: All right. Go ahead. DISTASO: Okay. DISTASO: Let me finish up with this, then. I'm going to mark next in order, your Honor, a copy of the fax. JUDGE: All right. 83. (People's Exhibit 83 marked for identification) 9 (Showing Exhibit 83 to Mr. Geragos) DISTASO: Detective, does this -- is People's 83 a copy of a fax that you received from Mr. -- I don't know how to pronounce his last name. BROCCHINI: Pruhon. JUDGE: "Pru-doe." DISTASO: "Pru-doe." BROCCHINI: Yes, it is. DISTASO: Before we leave the Martha Stewart thing, are you aware of when Martha Stewart airs locally in Modesto? What time? BROCCHINI: Yes. DISTASO: And what time does it air locally in Modesto? BROCCHINI: 9:00 to 10:00. DISTASO: When you watched -- when you went back and rewatched -- GERAGOS: There would be an objection -- well, I withdraw that. JUDGE: All right. DISTASO: When you went back and rewatched those particular shows, on the 24th you said you did hear -- you know, when you went back and saw them, you saw (sic) a mention of meringue; is that right? BROCCHINI: Yes, I did. DISTASO: And how many minutes into the show did you hear that reference? JUDGE: Is that on the 23rd? DISTASO: On the 24th. JUDGE: 24th. DISTASO: The show on the 24th. BROCCHINI: 43 minutes or -- 48 minutes, I'm sorry. 48 minutes into the show. DISTASO: Let me just put this down here so it doesn't get lost. If you would hand me that tape, too. JUDGE: Okay. Did we collect the fishing license? DISTASO: Well, I was going to say is that the only -- oh, it's still there being looked at. JUDGE: Oh, still being looked at; because I'm going to give you a recess in just a few minutes. DISTASO: Your Honor -- your Honor, you want to have them finish, because I'm going to move on to another topic. JUDGE: Yeah, I'm going to let them finish and then we'll take the recess. Is it your intention to play these Martha Stewart tapes today? DISTASO: No. JUDGE: Just wondering. DISTASO: I'm going to move them into evidence, if the jury wants to watch them. JUDGE: Have you got them? Okay. There you go, Mr. Distaso. DISTASO: Okay. JUDGE: Okay. Now we've collected all the exhibits that have been passed around. All right, ladies and gentlemen of the jury, we'll take the afternoon recess until ten minutes to 3:00, and then we'll pick up where we left off. (Afternoon recess) * * * *
JUDGE: All right, this is People versus Scott Peterson. Let the record show the defendant is present with counsel. The jury is in the jury box, along with the alternates we have the witness back on the stand. We are ready, Mr. Distaso. Are you ready, Mr. Distaso? Just for the record, since we published 69-A through M, those may be admitted in evidence, and also take the same numbers. DISTASO: Thank you, your Honor. DISTASO: Detective, when we left off, we left off kind of the middle of January. And, just for the record, do you have those three binders up there? Are those the reports that you wrote in this particular case? BROCCHINI: Yes, these are just my reports. Maybe there is a few other ones in there. These are the ones I authored. DISTASO: And, of course, you don't remember everything off the top of your head, correct? BROCCHINI: That's right. DISTASO: All right. So when you have been saying, "Can I refer to my report?" you have been referring to the reports that you have authored regarding your work in this case? BROCCHINI: Yes. DISTASO: On the 19th of January, did Mr. Peterson contact you, or did you learn from some source that his house had been burglarized in January? BROCCHINI: Yes. DISTASO: And were you involved in the investigation of that particular case? BROCCHINI: Yes. DISTASO: And did you eventually identify the person who committed that burglary? BROCCHINI: Yes. DISTASO: What was that person's name? BROCCHINI: Kimberly McGregor. It's M-c-G-r-e-g-o-r. DISTASO: And how was Miss McGregor associated with Mr. Peterson? BROCCHINI: She had met him at the Volunteer Center. She had volunteered to walk his dog while he was out of town. DISTASO: And this burglary at the house happened while he was out of town in January of 2003? BROCCHINI: It happened between the 16th of January when he left and the 19th when he returned and discovered it. DISTASO: And did you tell Mr. Peterson that you had apprehended or, you know, that you figured out who committed this burglary, and asked him what he wanted to happen with it? BROCCHINI: Yes. DISTASO: What did he say? BROCCHINI: He didn't want anything to be done with it. DISTASO: On the 25th of January, did you go on the show "America's Most Wanted", and was this case presented as one of the cases they were showing on that show? BROCCHINI: Yes. This case, and the reward that was authorized. DISTASO: What was the reward at that time? BROCCHINI: A half million dollars. DISTASO: $500,000? BROCCHINI: Yes. DISTASO: And are you aware of how many tips came in as a result of you going on that particular show towards trying to solve this case? BROCCHINI: Yes. DISTASO: How many? BROCCHINI: There were five that night, call-ins. And I think we got one or two more after that. DISTASO: Did any of those tips lead to any information to the recovery of Laci and Conner Peterson? BROCCHINI: No. DISTASO: Did you learn that Mr. Peterson was going to be at a location in Fresno on February 1st? BROCCHINI: Yes. DISTASO: And did you learn that from the wiretap? BROCCHINI: Yes. DISTASO: And did you go down to Fresno to try to locate him? BROCCHINI: Yes. DISTASO: And is that near the location where Amber Frey lives? BROCCHINI: Yes. GERAGOS: Judge, I hate to do this, since we just came back. But I have to raise something outside the presence. JUDGE: We got to go inside? GERAGOS: Un-hun. JUDGE: Okay. Here we go again. We'll have to put you back in jury room. So we'll have to deal with this in chambers. I hate to do that, but it's come up. JURORS LEAVE THE COURTROOM In Chambers meeting JUDGE: All right, you can bring the jury back in. JURORS ENTER THE COURTROOM JUDGE: All right. Let the record show that the jury is present in the jury box, and these proceedings are taking place in the open court. The defendant is present with counsel. Go ahead, Mr. Distaso. DISTASO: Thank you, your Honor. DISTASO: Detective Brocchini, when we left off, you had learned from some information on the wiretap that Mr. Peterson was down in Fresno? BROCCHINI: Yes. DISTASO: And did you go down to Fresno and try to locate him? BROCCHINI: Yes. DISTASO: And did you do that? BROCCHINI: Yes. DISTASO: And what happened? You parked somewhere; is that right? BROCCHINI: Well, when I first located him, he was just sitting in his car. I drove by -- I drove away a couple of blocks and parked in a school parking lot. And I was just going to try to keep an eye on him. DISTASO: And did Mr. Peterson obviously see your car? BROCCHINI: Yes. DISTASO: What happened? BROCCHINI: I noticed he walked over to me. He was walking over to my car, so I got out. DISTASO: And did you say anything to him? BROCCHINI: Not before he said something to me. DISTASO: He obviously recognized you, correct? BROCCHINI: Yes. DISTASO: And what did he say to you? BROCCHINI: He said, "Thank you for going on 'America's Most Wanted', and answering the phones." DISTASO: And did you say anything back to him? BROCCHINI: Yes. DISTASO: What did you say? BROCCHINI: I said, "You got some explaining to do." DISTASO: And what did he say? BROCCHINI: He said, "You don't know. I just stop on the side of the road and break down for no apparent reason." DISTASO: Did -- and what did you say in response to that? BROCCHINI: I said he wasn't acting like somebody that missed is his pregnant wife. DISTASO: Go ahead? BROCCHINI: And he had to explain the other girlfriends that I had identified. DISTASO: And did you tell him that you had a picture of another girlfriend you had identified? BROCCHINI: He replied, "Right, other girlfriends." And I said, "Well, I got pictures." DISTASO: And what was his demeanor during that contact with him? BROCCHINI: Emotionless, matter of fact. Just calm. DISTASO: After that contact did he just walk away? BROCCHINI: Yes. DISTASO: And got in his car? BROCCHINI: Yes. DISTASO: Moving on. That was on February 1st? BROCCHINI: Yes. DISTASO: On February -- some time in February, had you received some financial documents of Mr. Peterson and of his company? BROCCHINI: Yes. DISTASO: And do you remember when you got those in the investigation? BROCCHINI: It was in February. They were trickling in. I don't say we got them all at one bulk. It was in early February, late January. I was putting portions of them together. DISTASO: And did you see in the documents a number of checks that Mr. Peterson had written to himself? BROCCHINI: Yes. DISTASO: And did that cause you any concern, or was there any issue of that with you? BROCCHINI: There was. DISTASO: And what was that? BROCCHINI: He appeared to be writing himself checks on a Trade Corp account that were over and above his paychecks. DISTASO: And what did you do with that information, if anything? BROCCHINI: I contacted Trade Corp and asked them to put together an audit. DISTASO: And did they want to do that? BROCCHINI: Yes. DISTASO: Trade Corp is a company -- GERAGOS: Objection as to what Trade Corp wanted to do. Motion to strike. JUDGE: Sustained. He gave Trade Corp the information. Then what happened? DISTASO: Okay. And is Trade Corp, is it company based oversees? BROCCHINI: It is. But I didn't give the documents to Trade Corp. I gave it to a corporate lawyer for Trade Corp. DISTASO: I'm sorry. Somebody in Modesto? BROCCHINI: Yes. DISTASO: And what was that person's name? BROCCHINI: Ross Lee. DISTASO: Did you subsequently learn some time later that the -- GERAGOS: There will be an objection as to what he learned. It's hearsay. It's not to explain subsequent conduct. JUDGE: Why is it being offered? DISTASO: Being offered to show that audit was completed, and there was no misconduct or anything by Mr. Peterson. GERAGOS: Then I'll withdraw the objection. JUDGE: Okay. Doesn't hurt. DISTASO: I was actually surprised he was objecting to it. DISTASO: And did you subsequently learn from Trade Corp that they had conducted an audit? BROCCHINI: Yes. DISTASO: And were they satisfied with the information that had been provided to them by Mr. Peterson? BROCCHINI: Yes. DISTASO: As part of the -- when the search warrants were going on in this particular case, did -- GERAGOS: Be an objection. Vague as to time. There is at least two sets of search warrants, maybe more. JUDGE: Be more specific. DISTASO: I was getting there. He jumped in. JUDGE: Thanks for jumping in. DISTASO: The ones I was going to ask you about were the ones on the -- the 26th and into the 27th. Were you aware that a pair of pliers needle-nosed pliers had been found in the boat? BROCCHINI: No. DISTASO: Did anybody tell you on the day of the search warrant that some needle-nosed pliers had been found in the boat? BROCCHINI: No. DISTASO: In the pictures that you took of the boat on the 24th, did you see a pair of pliers in the picture? BROCCHINI: There is a pair of pliers in the picture. DISTASO: Just so we're clear, when you took those pictures, did you then run out to a one-hour photo shop and get them developed that night? BROCCHINI: No. DISTASO: What's the procedure for getting film developed? BROCCHINI: I turned them into somebody, or clerk, or ID officer, and said send me back these pictures. DISTASO: And had they done that? BROCCHINI: Yes. DISTASO: When you looked at the pictures, did you ever see a pair of pliers in the boat in the pictures? BROCCHINI: On that, when I first got them back? DISTASO: Un-hun. BROCCHINI: I imagine I looked at the pictures, and I saw everything in the picture. But did I see a pair of pliers? I don't know. DISTASO: Okay. The -- I guess the pliers didn't jump out at you as anything particularly significant? BROCCHINI: Not at that time. DISTASO: At some time in the investigation, did you learn, or did you get information that made you want to follow up further and to see whether or not the pliers were there in your pictures, and whether they were there in the boat on the 26th? BROCCHINI: Yes. DISTASO: And tell the jury about that. When did that first become an issue? BROCCHINI: On February 11th, Detective Grogan and Sergeant Zahr and I were in a conference room, and we were just looking at every picture, trying -- going over what was going on in the case, and we came across a picture of a pair of pliers with a hair in it next to a placard. DISTASO: Okay. Let me stop you there. JUDGE: Next to what? BROCCHINI: A placard, the 144. DISTASO: And the jury has seen some pictures of the placards in them. Are you talking about those little yellow stand up plastic items that you use to identify evidence items? BROCCHINI: Yes. DISTASO: And as you were looking through these pictures, and you saw this picture of the pliers, and what happened next? BROCCHINI: Well, it was taken on the 27th from a pliers from the boat. So I went and got my photos that I took on the 24th to see if I could see those pliers in my photos. DISTASO: Could you? BROCCHINI: Yes. DISTASO: And where, in your pictures, were the pliers? BROCCHINI: They are under one of the seats. You can see the yellow handles of the pliers. DISTASO: Did you locate a similar picture from the search warrant that was taken on the 27th that showed where the pliers were located during the search warrant? BROCCHINI: Yes. DISTASO: And where were they? BROCCHINI: In the exact same spot. DISTASO: And so then you went back -- and did you look at a picture of just the pliers? BROCCHINI: Yes, we were looking at the one with the pliers and the hair in it, and we were looking at it with a magnifying glass. We were trying to figure out if it had a root on it. DISTASO: Hold on. Let me stop you. Why did you -- in your mind, why was it important to see whether or not the hair had a root? BROCCHINI: Well, we wanted DNA from that root, and we wanted to know if that was Laci's hair. Kind of an exciting moment. DISTASO: And what happened next then? BROCCHINI: Couldn't tell. So we waited for the detective that recovered the pliers to come in the next morning. When he got to work, we asked him, was there a root on that hair. DISTASO: And who is this detective? BROCCHINI: Dodge Hendee. DISTASO: And what did he say? GERAGOS: Objection. Hearsay. DISTASO: Goes to explain what they were doing, Judge. GERAGOS: Doesn't lead to -- all they got to do is explain what they did next. JUDGE: The question was, was there a root on the hair. If he had a conversation with the detective, based upon that conversation, he did X, Y, Z. Okay? DISTASO: Okay. DISTASO: So you had a conversation with Detective Hendee? BROCCHINI: Yes. DISTASO: And did he look at the picture also? BROCCHINI: Yes. DISTASO: And was anybody able to determine whether or not there was a root on the hair based on the picture? BROCCHINI: No. DISTASO: So what happened next? BROCCHINI: We said, let's go look. DISTASO: And where was this particular hair located? BROCCHINI: It was in our evidence room in an evidence envelope. DISTASO: And who had booked the hair into evidence? BROCCHINI: Detective Hendee. DISTASO: And so what happened next? BROCCHINI: We went over to the evidence room. We checked out that item of evidence. I got a sterile piece of paper, set it sit on the counter, opened up the envelope, and dumped it out. DISTASO: And when you say it was in an envelope, was it just -- explain the envelope that it was in. BROCCHINI: It was in a small like five-by-seven manila envelope, similar to all these ones you have been looking at, only five-by-seven, sealed with tape, case number on it, the numbers 144-A, for the item, and that was the hair. DISTASO: And when you went to the evidence room, where did you look at the hair? What portion of the evidence room? BROCCHINI: We went into the secured front lobby. There is a counter there for looking at evidence. And we looked at it. DISTASO: And when you go into this room, is this a lobby that any member from the public can just walk into? BROCCHINI: They can't just walk in. They have to either come in with somebody or be buzzed in by an evidence clerk. DISTASO: If you want to just go there, I couldn't -- could I just open the front door and walk in? BROCCHINI: No. DISTASO: Can somebody -- can you see inside this room, the lobby portion of it, can you see inside that from the street? BROCCHINI: No. DISTASO: It's got like -- BROCCHINI: Well, it's got mirrored -- you can see out if you are in there. If you are inside you can see out to the street; but if you are in the street you can't see in. DISTASO: And when you go to check out evidence from this area, you said there is some counters? BROCCHINI: Yes. DISTASO: And the jury has never been there. Can you describe it for the inside there, what it looks like? BROCCHINI: When you go in through the front doors, you are in a small lobby, probably like ten by ten. There is a door, a solid door that leads into the back that nobody can get in unless you are an evidence clerk. Then there is a small window that -- like a little half door window, that you can ring a bell. It's solid. And knock. And then somebody from inside will open it. And around that area there is a small countertop that's probably about two foot from the wall -- counter maybe a foot and half to two foot from the wall, is all the way around the room. Then there is also a table in the room. DISTASO: Have you viewed evidence items in that area in the past? BROCCHINI: Hundreds of times. DISTASO: In other cases? BROCCHINI: Yes. DISTASO: So you have gone in other cases, checked out -- I mean like, for example, we have a gun in this one, check the gun out, put it on the counter and viewed it for whatever purpose? BROCCHINI: That's right. DISTASO: So you said you went there, checked out this particular item, right? BROCCHINI: Yes. DISTASO: And did you actually collect this particular hair? BROCCHINI: No. DISTASO: Were you present when it was collected? BROCCHINI: No. I mean I did go to the search warrant at the scene, but I didn't know it was collected. I didn't see it being collected. I didn't even know about it until the 11th of February. DISTASO: And after Detective Hendee -- who checked the hair out, yourself or Detective Hendee? BROCCHINI: I don't remember. DISTASO: After it was checked out, you said you laid a piece of paper down? BROCCHINI: Yeah. DISTASO: Is that standard procedure for viewing evidence? BROCCHINI: Well, certain kinds of evidence. DISTASO: I mean like for a hair, for example? BROCCHINI: Yeah. DISTASO: And then Detective Hendee opened up the envelope? BROCCHINI: Yeah -- oh, no. DISTASO: Did he -- did he do it, or did you do it? BROCCHINI: I think I opened it. DISTASO: And what happened next? BROCCHINI: I dumped it out. I dumped out whatever was in the envelope on to that piece of paper. DISTASO: And what came out? BROCCHINI: Two hairs. DISTASO: And do you know if it was two complete hairs? BROCCHINI: I think so. GERAGOS: Objection. Vague as to what a complete hair is. JUDGE: Sustained. Can we call them strands of hair; would that be fair? BROCCHINI: Okay. Two strands of hair. DISTASO: Is that a fair description? BROCCHINI: Yeah. DISTASO: Okay. Two strands of hair came out. And what happened next? BROCCHINI: We looked at them under the magnifying glass. DISTASO: And were you able to determine if there was a root on the hairs or not? BROCCHINI: No, I couldn't tell. DISTASO: What did you do next? BROCCHINI: Detective Hendee packaged them in a small box, and then he put the box back in the evidence envelope, and we resealed it, I initialed it, and we gave it back to the evidence clerk. DISTASO: Who was present with you when you did that? BROCCHINI: Dodge Hendee. DISTASO: It was yourself and Detective Hendee? BROCCHINI: That's right. DISTASO: And is that unusual at all for one or two detectives to go and check out evidence from a particular case and view it in that area where you viewed it? BROCCHINI: No. DISTASO: After the hair was checked back into evidence, did you personally check it out again? BROCCHINI: No. DISTASO: Do you know where it went? BROCCHINI: Yes. DISTASO: Where was that? BROCCHINI: Department of Justice, then eventually the FBI. DISTASO: Okay. Let's move on now. Does that pretty much cover your involvement with that particular hair? BROCCHINI: Yes. DISTASO: I mean evidence item the 144-A. Let's just call it that. BROCCHINI: Yes. DISTASO: On the 18th of February, were you present at a second search warrant of the defendant's home? BROCCHINI: Yes. DISTASO: And did you go into the house? BROCCHINI: Yes, I did. DISTASO: And were you involved at all in collecting any evidence items from the defendant on that date, 18th of February? BROCCHINI: I was involved. DISTASO: Did you -- let me mark these next items, your Honor. One is a notebook. JUDGE: Okay. Notebook. DISTASO: I'm going to mark -- JUDGE: Notebook and assorted papers. DISTASO: Yes. JUDGE: A group exhibit? DISTASO: Yes. GERAGOS: Well, what -- DISTASO: Hold on a second let me tell him. That's going to be the first item. I'll tell you about the next one. JUDGE: All right. That's 84. DISTASO: And then 84-A, your Honor, is going to be a copy of a page from the group of notebooks -- group of notes. JUDGE: Be a group exhibit. How many pieces of paper you got? DISTASO: There is a number of pieces of paper. I think we're only going to deal with 84-A now. JUDGE: All right. And, Mr. Geragos, have you seen this? GERAGOS: No. But what we have agreed to do is, they are just going to introduce 84-A precisely, because I have not seen 84. DISTASO: Just for the record, your Honor, this has been booked into evidence for quite a long time. I'm going to do the same thing, your Honor, with the next exhibit, which will be 85 and 85-A. JUDGE: All right. What's 85? DISTASO: 85 is a day planner for 2003. JUDGE: Mark the envelope also so the clerk can keep them together. DISTASO: The day planner and envelope. JUDGE: And 85-A is what? DISTASO: It's a page from the day planner. JUDGE: Page from the day planner. DISTASO: Detective, let me show you first 84, and ask you if you recognize this. BROCCHINI: I do. DISTASO: And is 84 a notebook that you recovered on the 18th of February from the defendant? BROCCHINI: I recovered it from his truck. It was in a duffle bag in the front seat on the February 18th. DISTASO: Okay. And what truck was that? BROCCHINI: That was his white Dodge Dakota. DISTASO: All right. And did that's this notebook here, 84? BROCCHINI: Yes. DISTASO: All right. And 84-A, is that a page from the notebook that's listed on the top there? BROCCHINI: That's a copy of a page from that notebook. DISTASO: Okay. Does have it a reference regarding Amber Frey? BROCCHINI: It has a reference regarding Amber. DISTASO: What does it say? BROCCHINI: Says "3-28-03 important date for Amber". DISTASO: And did you also recover on the 18th of February a day planner from the defendant's truck? BROCCHINI: Yes. DISTASO: And was this day planner located in the same portion of the truck that you just described? BROCCHINI: It was in the duffle bag on the front seat. DISTASO: And you recognize it as you see it here? BROCCHINI: I do. DISTASO: And then is 85-A a calendar page from the day planner? BROCCHINI: It's a copy of the calendar page for March. DISTASO: Okay. And what does -- what does it say on March 28th? BROCCHINI: It says, "Important date for A". DISTASO: And is that 2003? BROCCHINI: Yes. DISTASO: On February 18th, did you also find any cellular telephones that were in the defendant's possession? BROCCHINI: Yes. DISTASO: And did you review those? BROCCHINI: Yes, I did. DISTASO: What was the first telephone number of the phone that you found in the defendants possession? BROCCHINI: 209-505-0337. DISTASO: Is that a telephone that you had seen previously when you had had previous contact with Mr. Peterson? BROCCHINI: That's the same phone he had on the 24th when I interviewed him. DISTASO: And did you review the call history for that phone? BROCCHINI: Yes, I did. DISTASO: Were there any calls on that particular phone that you remember to Amber Frey? BROCCHINI: Can I look at my report? DISTASO: Did you note those in your report? BROCCHINI: Yes, I did. DISTASO: Go ahead. JUDGE: So I understand it, Detective Brocchini, you are referring to the same cell phone that the defendant had in his possession on December 24th, and you were checking that phone number to see whether or not calls had originated from that number to Amber Frey's number? BROCCHINI: Just so we're clear, on the 24th he had this phone. On February 18th he had it again, so I looked at it again. I went through the call history, and any calls received dialed or missed, and I wrote down the phone numbers to see if any of them were for Amber Frey. JUDGE: From December 24th on? BROCCHINI: No. Only -- these phones only go back, I think, ten calls. So it would have been like in the last ten calls he made on the 18th. JUDGE: That's what I wanted. DISTASO: Go ahead. GERAGOS: Can I ask what page? BROCCHINI: I'm on page 1342 and 1343. For the 505 number, he has -- there is only one -- there is one call in there that was a received call from Amber Frey's father's home phone. DISTASO: What's his name? BROCCHINI: Ron Frey. DISTASO: Did you find any other cellular telephones in his possession? BROCCHINI: Yes. DISTASO: And what was the number of the second phone that you looked at? BROCCHINI: It was 209-499-8427. DISTASO: And did you find any calls in that history of that phone within the last ten calls to or from Amber Frey? BROCCHINI: On that phone is a little different. It gives you a call history. So I can't say if it was to or from. But there were four calls from Amber Frey's cell phone. It was either he dialed it, or he received it. I can't say which. DISTASO: And that phone, 209-499-8427 phone, had you seen that phone previously when you looked at Mr. Peterson's cell phone on December 24th? BROCCHINI: No, I never saw that phone before. Well, I knew about it, but I never saw it. DISTASO: So this is not a phone that he had provided to you on the 24th to look at the call history? BROCCHINI: No. DISTASO: And during the search warrant on the 26th and the 27th at the Covena residence in December, do you remember seeing that particular phone? BROCCHINI: I never saw it. DISTASO: And were there any other phones in his possession? BROCCHINI: On the -- during the search? DISTASO: I'm sorry. During the search warrant on the 18th. BROCCHINI: On the 18th. DISTASO: On February 18. BROCCHINI: There was one other phone in his possession. DISTASO: What was the number to that phone? BROCCHINI: That is 858-232-2203. DISTASO: Did you check that phone's call history? BROCCHINI: Yes. DISTASO: Did that phone have any calls received or made to Amber Frey? BROCCHINI: It had one dialed call to Amber Frey. DISTASO: And when -- what you were reviewing was just the call history of that particular phone? BROCCHINI: The call history that's in the memory of the phone. DISTASO: So we're not talking about actual phone records. You are just looking at the physical phone? BROCCHINI: That's right. DISTASO: When after you reviewed the call histories of these phones, what did you do with them? BROCCHINI: I gave them back to Scott. DISTASO: Gave them back to Mr. Peterson? BROCCHINI: Yes. DISTASO: Your Honor, that's all I have at this time. JUDGE: Mr. Geragos, I assume, because of the time, you want to start tomorrow morning? Or do you want to start now? GERAGOS: I'd like to start now, but I think there is a lot of stuff that I wanted to load up onto the computer. It's going to require setting up our computer. I think it will probably take at least 15 or 20 minutes. So I don't want to keep the jury. JUDGE: We'll take a recess now. We'll do that tomorrow. Ladies and gentlemen of the jury, we'll take the evening recess now. Remember the admonition, you are not to discuss this case among yourselves or with any other person, or form or express any opinion about the this case. You are not to listen to, read, or watch any media reports of this trial, nor discuss it with any representatives of the media, or their agents. We'll be in recess until tomorrow morning at nine. We made these new arrangements. I hope they work out better than this morning, okay? Okay. See you tomorrow.
June 23, 2004 Cross Examination by Mark Geragos JUDGE: Do you have any other questions, Mr. Distaso? DISTASO: No, your Honor. JUDGE: Mr. Geragos, can you at least get started? Who is going to do this? You are going to do, GERAGOS: I'm going to do it. JUDGE: Go ahead. GERAGOS: I'm going to have Mr. Naljian, though he's not a member of the bar, sit here and, JUDGE: Sure. GERAGOS: Detective, you got a call from Duerfeldt on the 24th; is that correct? BROCCHINI: No, it's not. GERAGOS: Okay. Let me just ask you, if you could, to just close your notes for a second until I ask you to refresh your recollection. Did you get a call from somebody on the 24th? BROCCHINI: Yes. GERAGOS: Okay. Who was that? BROCCHINI: Sergeant Al Carter. GERAGOS: Okay. And at that point were you told, by the way, who is Sergeant Allen Carter. BROCCHINI: He was the homicide sergeant at the time of December 24th. GERAGOS: Okay. And the homicide sergeant called you for what reason? Do you know why? You were having dinner somewhere; is that correct? Would, you keep looking over here for a reason? I'm talking to you. DISTASO: Objection, your Honor. JUDGE: He can look anywhere he wants. GERAGOS: Is there a reason you don't want to look? See what I'm talking about? DISTASO: Objection. Not relevant. JUDGE: Sustained. GERAGOS: The call that you got on the 24th, what time was that? BROCCHINI: 7:30. GERAGOS: Okay. And then you proceeded to go where? BROCCHINI: 523 Covena. GERAGOS: Who, what information were you given by Allen Carter before you went to 523 Covena? BROCCHINI: That patrol was out on a missing person case. There was some patrol officers had some suspicions about what was, what they saw, and they requested assistance of a detective. GERAGOS: Okay. And you got there, and then you had some kind of a briefing; is that correct? BROCCHINI: Yes, it is. GERAGOS: And that briefing involved talking to Letsinger, Spurlock; is that correct? BROCCHINI: Yes. GERAGOS: And who else? BROCCHINI: Duerfeldt and Evers. GERAGOS: Okay. And the things that they found to be suspicious, that they told you they found to be suspicious were two mops outside of the door, correct? BROCCHINI: Yes. GERAGOS: With a bucket? BROCCHINI: Yes. GERAGOS: Some white rags on a washer and dryer? BROCCHINI: Yes. GERAGOS: And a throw rug that was scrunched up? BROCCHINI: Yes. And additional things. GERAGOS: And those were the physical items that they find to be suspicious, correct? Physical items that they observed at the house that they believed were suspicious? BROCCHINI: Yes. GERAGOS: Now, it took you approximately how long to get from the, wherever it was you were, you, don't tell me the location, to get to the Covena address? BROCCHINI: Took me about an hour and a half. GERAGOS: When you arrived there, what was the scene? Who was standing out front? BROCCHINI: Before I arrived, there was officers outside. They had made sure nobody went inside the residence. I directed Sergeant Duerfeldt to post an officer there, don't let anybody in and out of the house. When I got there, there was four patrol officers, a sergeant, and there was a lot of friends. And I assumed they were friends and family of Scott Peterson in the street and in the driveway. I saw some coffee pots in the driveway. I saw, I was pointed out, Scott Peterson was pointed out to me there. GERAGOS: Okay. Now, when you, when you did, or when you arrived there, was there some yellow police tape up? BROCCHINI: I don't recall. GERAGOS: Okay. Do you remember if Duerfeldt was the one who was out front? BROCCHINI: Duerfeldt was out front. They were all out front. GERAGOS: All the officers were out front? Nobody was inside of the house? BROCCHINI: Not when I got there. GERAGOS: And Scott Peterson was not inside of the house? BROCCHINI: That's correct. GERAGOS: And at that point, when you got to the scene, did you walk through the house with the officers or with two officers at that point? BROCCHINI: After my initial briefing, I walked through the residence. GERAGOS: The initial briefing was with these gentlemen, and they you caucused together, and then you went in with who? BROCCHINI: I went in with Evers. And I don't know if we caucused, because I'm not sure what, they told me what was happening. They told me all the suspicious things they saw, and suspicious things they heard. Then I walked in with Evers and Spurlock, I think. GERAGOS: Okay. Then when you walked in with Evers and Spurlock, did you take Scott Peterson in with you? BROCCHINI: No. GERAGOS: Okay. You walked through the house, they showed you that, the bucket and the mop, right? BROCCHINI: They pointed that out. GERAGOS: Suspicious bucket and mop. They showed you the suspicious white towels, correct? BROCCHINI: The mop and bucket weren't suspicious. It was the wet cement around the mop and bucket that made it suspicious. GERAGOS: The mop and buckets were suspicious enough that you took them as evidence; wasn't that correct? BROCCHINI: That's correct. GERAGOS: You didn't take the wetness around the cement, did you? BROCCHINI: I didn't take the wetness. It was dry when I got there. GERAGOS: Right. So when you got there, there was know wetness? BROCCHINI: That's right. GERAGOS: And when you got there, you thought that the mop and buckets were significant enough that you directed somebody to take those into evidence so they could be tested, correct? BROCCHINI: That's correct. GERAGOS: And did you think that these, the white rags were suspicious? BROCCHINI: I thought the white rags were suspicious. GERAGOS: The fact you thought the white rags were suspicious is because they appeared to not have cleaned any surface around that house; isn't that correct? BROCCHINI: I couldn't tell a surface, they were dirty, grassy. And I couldn't see a surface that they could have cleaned in the house, and so they were suspicious to me. GERAGOS: That was suspicious, you also thought it was suspicious that somebody would go fishing and throw their fishy-smelling clothes into the washing machine? DISTASO: Objection, your Honor, calls for speculation. JUDGE: Defendant was, he was told they were wet, not fishy smelling. GERAGOS: Well, he hasn't testified yet. He hasn't. So I mean the testimony you are referring to is of another witness. He presumably has been excused, is not referring to the statement. JUDGE: All right. I'll let you ask the question. The clothes smell fishy to you? BROCCHINI: They were clean, your Honor. JUDGE: They were through the wash cycle and spin dried. Ask the next question. GERAGOS: How did you know they were spin dried? Did you see that happen? BROCCHINI: No. But they were all stuck to the sides and, you know, GERAGOS: Did you use your detective skills to figure it out? BROCCHINI: No. I used my, I washed before. You put clothes in the washing machine. And I'm 46 years old, so I used my skills. GERAGOS: Do you think it's gone into narrative yet? JUDGE: I think this would be a good time to take the recess so everybody sort of calms down. Okay. Let's take a recess. We'll come back at 1:30. And then we'll all calm down, and then we can do it by question and answer. GERAGOS: Well, I would also ask that he be admonished to respond to the questions as opposed to a narrative. JUDGE: And just answer the questions. All right. We're going to take the recess. I'm going to admonish you again, you are not to discuss this case among yourselves or with any other person, or form or express any opinions about this case. You are not to listen to, read, or watch any media reports of this trial, nor discuss it with any representatives of the media or their agents. Remember, okay, sorry. Going to excuse you. We'll see you back here at 1:30. (RECESS) JUDGE: All right. This is the case of People vs. Scott Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. And, Mr. Geragos. GERAGOS: Thank you, your Honor. JUDGE: I think we provided the last question and answer. GERAGOS: I did. I'm going to have, once again, if I could, I'm going to have Mr. Naljian up here. JUDGE: Yeah. That's okay. GERAGOS: Okay. Raffi, can you put up the first portion. The, we previously marked, JUDGE: These are a defense exhibit you're talking about? GERAGOS: No. The People's exhibit, which was the videotaped interview, which is actually in CD now. JUDGE: Yes. 68, and A is the transcript. GERAGOS: Right. I'm going to publish it, if it's okay with the court. We've got certain excerpts of that. JUDGE: Yes. GERAGOS: I don't want to replay the entire thing, just take out certain things. I think that will make it a lot quicker. JUDGE: Okay. You want to move it into evidence; is that what you're saying? GERAGOS: I don't think so. I think that we can just stipulate that what I'm going to show are excerpts from, JUDGE: You're not going to, you're just going to show little snippets? GERAGOS: Yeah. Little snippets of the interview. JUDGE: Okay. Yeah, that's no problem. DISTASO: For the record, Judge, I've not seen what he's going to show. JUDGE: Well, I believe it's the tape. GERAGOS: It's the tape. JUDGE: The DVD tape that DISTASO: But I haven't seen what he's pulled out, or anything else, so I'm assuming it's pulled-out sections from the one we used yesterday. GERAGOS: Yes. JUDGE: Yes, that's my impression. GERAGOS: Now, the, the interview, let's see. You got to the Covena address and spent some time there with Scott, you then, Scott and you went over to the warehouse, correct? BROCCHINI: The, yes. GERAGOS: Okay. Then you left the warehouse, went back to Modesto PD, correct? BROCCHINI: No. GERAGOS: You didn't go to Modesto PD? BROCCHINI: Well, I stopped at Dittos on the way back to Modesto PD. GERAGOS: All right. Eventually you got to Modesto PD, right? BROCCHINI: Yes. GERAGOS: Then at some point you realized you left your notebook back at the warehouse and you went back to the warehouse, right? BROCCHINI: Yes. GERAGOS: And then you went back to the Modesto PD again, right? BROCCHINI: Yes. GERAGOS: All right. Mr. Naljian, if you can show me. Can you get the portion up? JUDGE: Want to get the lights. GERAGOS: By the way, while he's getting that up on the screen, you wrote a report in connection with this case in which you never mentioned that you had gone to Dittos; isn't that correct? BROCCHINI: That's correct. GERAGOS: Okay. In your report you say About 2345 hours we left the warehouse and drove directly to the Modesto Police Department where Scott agreed to be interviewed, right? BROCCHINI: That's right. GERAGOS: Okay. Okay. Now, at the beginning, this is the beginning of the videotape; is that correct, Detective? BROCCHINI: Yes. GERAGOS: Okay. What is it that Scott Peterson's looking at right there? BROCCHINI: I don't know. GERAGOS: Did you ever ask him what they, what they were? BROCCHINI: No. GERAGOS: Did you know that they were pictures of, or if they were pictures of him and Laci Peterson? BROCCHINI: I don't know what they were. GERAGOS: Did you ever review this tape? BROCCHINI: I've reviewed it a bunch of times. GERAGOS: Okay. And in any of those times did it occur to you to ask or inquire as to what it was he was looking at? BROCCHINI: No. It didn't look like pictures to me, though. GERAGOS: It didn't look like pictures? BROCCHINI: No. GERAGOS: Can we play that, Mr. Naljian? No? Okay. Now, the, this is, that picture was before he came, before you came into the room, right? BROCCHINI: Yes. GERAGOS: When he came into the room he put something into his pocket, correct? BROCCHINI: Yes. GERAGOS: Okay. Did you ask him what that was? BROCCHINI: No. GERAGOS: Okay. Now, after he came into the room, you said, I guess basically the subject of this interview, if I've got it right, you were apparently at Covena at about 9:30, right? BROCCHINI: I arrived at Covena at 9:30. GERAGOS: Okay. Sometime after that you are introduced by one of the officers to Scott Peterson, right? BROCCHINI: Yes. GERAGOS: With the exception of when you go inside of the house alone with either Evers or Spurlock or one of the other officers, you were pretty much in the company of Scott Peterson for the next three hours, three and a half hours? BROCCHINI: He was with me, yes. GERAGOS: Okay. And you were having a conversation with him during that period of time, correct? BROCCHINI: Yes. GERAGOS: And you were not, it's your testimony that you are not taking notes; is that right? To, if you were taking notes, it was sporadic? BROCCHINI: I took some notes, but, yeah, I didn't take a lot of notes. GERAGOS: Okay. By the way, where are those notes? BROCCHINI: They're destroyed. GERAGOS: When did you destroy those notes? BROCCHINI: On December 25th, or 6th. GERAGOS: On December 26th. Did those notes, were those notes prepared by you contemporaneously with, at the same time with the conversations you were having with Scott? BROCCHINI: The ones in the interview were. GERAGOS: Okay. How about the ones before that? BROCCHINI: The notes before that were mainly I took some notes of times I arrived, what the officers told me, serial number on the gun, the phone numbers I wrote down, the phone numbers from Scott's cell phone. I wasn't taking notes of what he was saying. GERAGOS: Okay. So then you come back and when you interview him, then you want to have a formal interview where you can take notes where it's videotaped and you can chronicle everything on tape; is that correct? BROCCHINI: Not, not everything, but, GERAGOS: Well, BROCCHINI: write a report so that I could remember what happened and I can sit here and explain it to you, and the jury. GERAGOS: Okay. So one of the first things you asked him was tell you about the morning; is that correct? BROCCHINI: Can I look at the transcript? GERAGOS: Sure. JUDGE: Mr. Geragos, you want to circulate the transcript to the jury so they can look at, GERAGOS: What I'll do is I'm going to take out bits and pieces, and I'll show it up on the screen rather than pass it out. I noticed yesterday sometimes it's disconcerting to read and try to look at it on the screen, so I'll put it up on the screen at the same time. BROCCHINI: That's not what I first told him when I sat down there. GERAGOS: Well, you said: "Pretty much Scott, all we do, lets just go over what we already talked about so I can make some notes." BROCCHINI: That's right. GERAGOS: "See if you remember something that you know maybe you don't know you remembered. So today just tell me about the morning?" Correct? BROCCHINI: Yes. GERAGOS: And Scott replied: "I don't know what time we got up, probably ah Laci got up and went I assume, she said she had some cereal for breakfast," right? BROCCHINI: Yes. GERAGOS: Okay. And then you kind of mumbled something or said um hum, and then he responds: "Eats right when she wakes up, otherwise she gets sick, 'cause she's pregnant. Ah, I laid around in bed longer, I got up at I don't know, 8 o'clock probably or so. Ah, showered ah we were watching her favorite show, Martha Stewart. Watched a little bit of that." Is that your memory of what he told you? BROCCHINI: Yes. GERAGOS: And you specifically said: "You didn't watch the whole thing though?" BROCCHINI: No, I asked him, that's a question. GERAGOS: Well, but you had already talked to him before that and he had told you that he had not watched the whole show, correct? BROCCHINI: I don't recall. GERAGOS: Well, when you asked him the question, "You didn't watch the whole thing though?" where did you get that information? BROCCHINI: From what he just had told me. He got up, watched a little bit of Martha Stewart. GERAGOS: All right. BROCCHINI: Or watched some of her favorite show. GERAGOS: And you specifically asked him: "You remember what part you saw?" is that correct? BROCCHINI: I asked him that. GERAGOS: And he said: "I don't know, I don't know what they had on, some cooking deal, I don't know, cookies of some sort, they were talking about what to do with meringue." Correct? BROCCHINI: Yes. GERAGOS: Okay. You then prepared, you are taking notes of this, correct? BROCCHINI: Yes. GERAGOS: And then you write a report, right? BROCCHINI: Yes. GERAGOS: Okay. Now, in the report, the first thing that Scott says is in the <Portions of People's Exhibit played> GERAGOS: Now, after that you prepare a report, correct BROCCHINI: Yes. GERAGOS: at some point that chronicles this, because you thought this was some important piece of information to the investigation, correct? BROCCHINI: Yes. GERAGOS: Okay. And that report was prepared on what day? BROCCHINI: The 25th. GERAGOS: Okay. And in that report, do you remember what you said? BROCCHINI: No. GERAGOS: Does this refresh your recollection from your 12/25 report: Remembered Martha Stewart was baking something with meringue. So it went: I don't know, they had on cookies of some sort, they were talking about what to do with meringue. And in your report it says: Peterson said Martha Stewart was baking something with meringue; is that correct? BROCCHINI: I didn't quote it like that, but that looks correct to me. GERAGOS: Well, that report that I've got right there, do you have any reason to believe that's not straight out your report on 12/25? BROCCHINI: No, that is. I remember that, but there's no quote marks in my report. GERAGOS: Okay. This is a direct sentence out of your report, right? BROCCHINI: Yes. DISTASO: Your Honor, I'm going to object. This is improper impeachment to show, put it up like this. He can show the report to the detective and then ask the detective if that's the way he wrote it or didn't write, but this is not the proper, JUDGE: No, I think it's all right. Go ahead. GERAGOS: Now, the, that piece of information became significant because you wanted to get the Martha Stewart shows themselves from the, I guess it was, Martha Stewart Living Company, and that's what was marked as and yesterday, right? BROCCHINI: That's correct. GERAGOS: Okay. And you wanted to get these shows because that would be able to either, I think you had said yesterday you wanted to eliminate him as a suspect, right? BROCCHINI: Yes. GERAGOS: That was your duty, you come here, nothing would make you happier than you eliminate him as a suspect, right? BROCCHINI: I never said that nothing would make me happier. GERAGOS: Okay. But you said you wanted to eliminate him as a suspect? BROCCHINI: No, I said that was one of my jobs. My primary job was to eliminate him as a suspect. GERAGOS: So by getting the, the significance of the Martha Stewart portion is to see if in fact he was at home watching Martha Stewart sometime on Christmas Eve morning, correct? BROCCHINI: That's why I did it. GERAGOS: Okay. And so then the, what's the next thing I have on there? Okay. You then, sometime, I think Mr. Distaso asked you this was in January, late January you get these tapes; is that correct? BROCCHINI: January 17th. GERAGOS: Okay. And then I assume you put these tapes into a tape player somewhere and watch them? BROCCHINI: Yes. GERAGOS: And you ordered, why did you ordered both the 23rd and the 24th? BROCCHINI: I don't know. I wanted to see if what he was talking about was on the 23rd or the 24th. GERAGOS: Why didn't you order the 20th? BROCCHINI: If I had to, I would have, but I didn't think it was necessary at the time. GERAGOS: Out of all the days in December, how did you pick the 23rd? BROCCHINI: Two days. GERAGOS: Well, you knew by the January 17th, you'd talked to Margarita Nava, right? By January 17th? BROCCHINI: Yes. GERAGOS: By January 17th you knew that he wasn't home on the 23rd, from your interview with Margarita Nava, correct? BROCCHINI: That's right. GERAGOS: Okay. So you still picked the 23rd? BROCCHINI: There's TVs everywhere, Mr. Geragos. I don't know. GERAGOS: So you didn't know, you thought maybe he had gone out and, part of his grand scheme and watched Martha Stewart somewhere else? DISTASO: Objection. It's argumentative. JUDGE: Sustained. GERAGOS: Well, the, DISTASO: Well GERAGOS: what you put later, DISTASO: There is an objection, Judge. JUDGE: I ruled on it. Sustained. GERAGOS: That's why I asked another question. JUDGE: I'll have to sit closer to the microphone. GERAGOS: To the microphone, exactly. Pull it close. GERAGOS: You had made a leap that he was describing in your reports. You said he was describing what had happened on the 23rd; isn't that your statement in your reports? BROCCHINI: Yes. GERAGOS: Okay. BROCCHINI: That's what I thought. GERAGOS: Okay. Well, by the time you wrote your report on the 21st, you already knew he wasn't at home on the 23rd? BROCCHINI: I wrote, yeah, I know. That's right. GERAGOS: Well, let's take a look at your report on the 21st. The report on the 21st, specifically you say you reviewed the 12/24, 2000 and 2 from the beginning, including commercials; is that accurate? BROCCHINI: Yes. GERAGOS: And Martha Stewart baked lemon butter cookies during the first, and then during the second segment there was no mention of meringue during any of this show, correct? BROCCHINI: That's what I wrote. GERAGOS: Okay. Then several times during the Martha Stewart, during the show, Martha Stewart commented on it being Christmas Eve, right? BROCCHINI: Yes. GERAGOS: And this was a report that was apparently produced on 012103 which would be January 21st of oh three, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, that information, yeah, that information was known to you, or you thought was very significant, correct? That's why you wrote it in the report, right? BROCCHINI: It was an important piece of the puzzle I thought. GERAGOS: Okay. Also on that date there was, you had already interviewed, or somebody from the Modesto PD had interviewed, a witness at Scott's warehouse; isn't that correct? Pruhon I think his name is? BROCCHINI: I did. GERAGOS: Huh? BROCCHINI: I did. GERAGOS: You did. Didn't that witness tell you that Scott was at the warehouse on the 23rd? BROCCHINI: Yeah, but he wasn't positive it was the 23rd or the 24th. GERAGOS: And did you see a TV when you were in the warehouse? BROCCHINI: No, I didn't. GERAGOS: Okay. So you were aware on the 23rd, or by the time you wrote this report, that Scott, that Scott was apparently not at home, according to Margarita Nava, on the 23rd, I'm sorry, it was a Ron "Prat-ter" or "Prate-er"; is that the name? BROCCHINI: P-R-U-H-O-M-E or something similar to that. Or, no, yeah, "Prath-er." GERAGOS: P-R-A-T-E-R. And I'm referring to your report 12/28; is that correct? I've yellow highlighted the pertinent part. BROCCHINI: I don't know. The date's not on there. Was it the 28th? GERAGOS: Right on the bottom, says 12/28. BROCCHINI: Oh, when I wrote it yeah. GERAGOS: All right. So by 12/28, within three days of you being assigned to this case you had a statement from a Prater who said that he saw Scott, and his truck was parked out front, and he was already there by 8:30 or 9:00, correct? BROCCHINI: Not correct. He wasn't sure if it was the 23rd or the 24th. GERAGOS: And you were, you were sure that the 23rd he wasn't at the house because you talked to Margarita Nava, correct? DISTASO: Objection. It's been asked and answered. JUDGE: Sustained. GERAGOS: Now, after you prepared this report here on January 21st, you then wrote in the same report: I find it highly suspicious first that Scott Peterson would describe clothing to me that Laci was wearing on 12/24 as the same clothing she was wearing on 12/23, and you also find it suspicious that Scott Peterson would claim to be watching Martha Stewart with Laci on 12/24 while Martha Stewart was baking with meringue. And then your conclusion is there is no meringue mentioned on the show on 12/24, correct? BROCCHINI: That's what I wrote. But I was wrong. GERAGOS: Okay. You had sat down and watched this tape, correct? BROCCHINI: I sat down and watched it. GERAGOS: Okay. And you then sat down and wrote this report, correct? BROCCHINI: I wrote this, I probably wrote this report, sitting down. GERAGOS: Right. And that was probably on, do you know the date? It was also on the 21st, wasn't it? BROCCHINI: No, I don't, GERAGOS: The bottom there, January 21st? BROCCHINI: Do you want me to look? JUDGE: Yeah, go ahead. GERAGOS: It looks, says right on the bottom. You see where it says, BROCCHINI: Yeah. GERAGOS: you wrote 012103? JUDGE: Can you see that far? BROCCHINI: I can. GERAGOS: Now, after that you gave the information to Investigator Jacobson, right? BROCCHINI: Sometime after that, yeah. GERAGOS: Yeah. And he filed a wiretap application, correct? BROCCHINI: Yes, he did. GERAGOS: Okay. And he, when he files that wiretap application, he prepares an affidavit, correct? BROCCHINI: Yes. GERAGOS: And that affidavit is based upon what the detectives in the Modesto Police Department tell him are the results so far of their investigation, right? BROCCHINI: It's based on what the detectives believe are, what the, what's in the investigation up to that point. GERAGOS: Okay. Now, in that, contained in that affidavit, which Investigator Jacobson swore under oath, was the following statement: During your interview with Scott Peterson, Peterson claimed he woke up on December 24th and watched Martha Stewart with Laci. According to Scott, the show aired on the date containing a segment about meringue. Detective Brocchini learned that Martha Stewart show is date sensitive as the date is broadcast as part of the program. He ordered, received and viewed the videotapes of the 23rd and the 24th. The meringue segment is included on the 23rd, but is not mentioned on the 24th. Is that, is that accurate? BROCCHINI: That's accurate. GERAGOS: And that's what you told Jacobson so that he could swear under oath so that they could get a search warrant, correct? BROCCHINI: No. Wiretap. GERAGOS: Wiretap. BROCCHINI: That's correct. GERAGOS: That's correct. Now, let's go to the next. Now, this is a segment, that was declared under penalty of perjury by Steven Jacobson, correct? As all affidavits are, right? BROCCHINI: Yes. GERAGOS: Okay. Now, this segment is from 82, I believe is the 24th? JUDGE: Yes. (Portion of Exhibit played on the large screen) GERAGOS: Now, apparently when you watched this video, you missed that? BROCCHINI: I missed it. GERAGOS: Okay. That was something that you thought, the absence of that was something you thought was suspicious and part of the, what did you discuss, as the "puzzle" is the way you said it? DISTASO: Objection, your Honor. Asked and answered. JUDGE: No, overruled. He can answer that. You can answer that Detective. BROCCHINI: Well, I thought it was suspicious that it wasn't in there, but I also think it's better that it is. GERAGOS: Now, you said, you also put this in your report, your January 21st report. Your last segment of that report is entitled Inconsistencies, correct? BROCCHINI: Yes. GERAGOS: And the portion that we showed to the jury that was up on the board is under that section that says Inconsistencies, which is three paragraphs, right? BROCCHINI: Yes. GERAGOS: And the middle paragraph is the one we showed up there that talked about Martha Stewart baking with meringue, there's no meringue mentioned; and that was one of the three main inconsistencies that you cite in your January 21st report, correct? BROCCHINI: Can I look at it real quick? GERAGOS: Sure. JUDGE: Sure. BROCCHINI: I only mention two inconsistencies in there. GERAGOS: Only two. One of them was the meringue, right? BROCCHINI: Yes. GERAGOS: Now, the next portion of the interview that takes place, I'm still on the same interview, the one that we played for the jury yesterday, the next portion of that, you have that in front of you? BROCCHINI: I have it here. I don't know what the next portion is that you're going to talk about. GERAGOS: I just want to make sure you've got it there to refresh your recollection. BROCCHINI: I do. GERAGOS: Okay. Now, you, you talk about the TV room, and then asked him where he ate breakfast or did he eat breakfast, and he said yes, I had a bowl of cereal. And then you asked him when did you realize you were going to go fishing; is that correct? BROCCHINI: Yes. GERAGOS: And he said Well, that was a morning decision. It's either, and then going on to the next page, That's a morning decision is what you said, correct? BROCCHINI: Yes. GERAGOS: Go play golf at the club or go fishing, right? BROCCHINI: Right. GERAGOS: Now, at any point did you know that Ron Grantski had gone fishing that same day? DISTASO: Objection, your Honor. Relevance. JUDGE: Overruled. BROCCHINI: At any point? GERAGOS: Maybe I'll ask it better. I assume you know now that Ron Grantski went fishing at virtually the exact same time? BROCCHINI: I do know now. GERAGOS: Okay. When did you learn that? BROCCHINI: After this trial started. GERAGOS: Okay. Is it also a fair statement that you learned about the Martha Stewart meringue segment after this trial started? BROCCHINI: That's a fair statement. GERAGOS: After I did the opening statement, you went back and realized that, up until now, for a year and a half you had believed and the prosecution had banked on the fact that there was no mention of it? DISTASO: Objection, your Honor. It's argumentative. JUDGE: Argumentative. Sustained. DISTASO: And compound. JUDGE: And compound. Sustained. GERAGOS: Now, did you ever go interview Ron Grantski about when he made the decision to go fishing that day? DISTASO: Objection. Relevance. JUDGE: Sustained. GERAGOS: Now, did you next start asking, looks like page two of 29. You see where we are? You said he told you it was too cold to play golf at the club so he decided, you know, might as well do that. You said uh-huh. She told me what she was going to do for the day, and then you repeated uh-huh, so she told you what she was going to do for the day, and then you asked what was that, correct? BROCCHINI: Yes. GERAGOS: She said she was going to finish cleaning up. Like I said, she was mopping the kitchen floor, take the dog for a walk, and she was going to go to the store to buy for Christmas morning breakfast tomorrow, and that was going to be an involved prep, so that she was prepping the breakfast and she was going to make gingerbread cookies for tonight, correct? BROCCHINI: Yes. GERAGOS: That's what he told you? Now, the mop itself, when you got there, and I think this has been marked as A, okay? You saw, he told you that she was going to be mopping, and when you arrived, on A, you have depicted there, or the picture depicts exactly the location of where you saw the mop, correct? Actually, mops, plural; is that right? BROCCHINI: Yes. GERAGOS: Okay. And so we're clear, the place where the mop was? JUDGE: Mr. Geragos, you are showing him, for the record? GERAGOS: I'm going to in one second. JUDGE: I mean what is this? GERAGOS: Oh, I'm showing People's 12, Judge, sorry. JUDGE: All right. GERAGOS: Where was the mop? BROCCHINI: It was right outside this door. Says "door near washer." GERAGOS: You want to mark that with a pen? I believe there's one, should be a red pen right, DISTASO: Your Honor, for the record, it's already marked on the other exhibit. JUDGE: Yeah, but he wants it marked on this exhibit. He's doing the cross-examination. Detective Brocchini, is that a big, fat pen? BROCCHINI: It's got a tip on it. JUDGE: Okay. Because I've got one here, a little smaller. Might be better. Just give it back. Just put an X, draw a line out from it, and write "box." Just leave it right there. BROCCHINI: Okay. GERAGOS: Now, that's where you saw it. You saw it at some time after 9:30; there was no wetness around it, correct? BROCCHINI: That's correct. GERAGOS: Okay. And Scott had specifically told you that the, that the, he took the bucket outside, dumped the water, and left the mop and bucket there, correct? BROCCHINI: That's what he told me during the interview. GERAGOS: Right. This, and that would be right here, A, the mop and the bucket, right? BROCCHINI: Yes. GERAGOS: Okay. Now, Scott denied doing any mopping inside of the residence, right? BROCCHINI: Yes. GERAGOS: Not in that videotaped interview but when you were talking to him, correct? BROCCHINI: Yes. GERAGOS: All right. Now, you then asked where was she mopping, and he told you, right? BROCCHINI: Yes. GERAGOS: Okay. And then the, you described the chairs and the rooms, and he was giving you basically where the rooms are and acclimating you to the interior of the residence; is that correct, in this discussion? BROCCHINI: Well, he was describing the chairs in the room e and acclimating me to where this was. GERAGOS: And all that information was correct; is that right? In terms of where the rooms were, where the things were, he was giving you correct information, right? BROCCHINI: Yes. GERAGOS: Okay. Then he told you that she was eight months pregnant, she couldn't pick up anything heavy, so he had filled it up for her in the morning and he thinks he put it in a central place; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And then when he came home, he put it outside, which is where you saw it; isn't that what he told you? BROCCHINI: Yes. GERAGOS: Okay. Now, at the, the next thing you asked him was what she was wearing when he last saw her, correct? BROCCHINI: Yes. GERAGOS: Now, that became significant to you because he said black pants, ah black pants, comma, a white long sleeve top; right? BROCCHINI: That became significant to me? GERAGOS: Later in your investigation you thought that was significant, right? BROCCHINI: Yes. GERAGOS: Okay. And that she was wearing that also on the 23rd, because you interviewed Margarita Nava after that and Margarita Nava described her as having a white top and black pants, right? On the 23rd? BROCCHINI: I don't recall. GERAGOS: You don't recall if Margarita Nava, BROCCHINI: I can't remember if it was Margarita Nava or Michelle Bower. GERAGOS: I'm going to show you what is Bates number stamp 1330. It's an interview by you sometime, BROCCHINI: She was wearing a white long sleeved shirt, but she couldn't remember anything else. GERAGOS: Okay. Then I'm going to show you a prelim, or the transcript. BROCCHINI: Is this, who is this? GERAGOS: This is Margarita Nava. BROCCHINI: I wasn't in there for that, no. Okay. She never told, GERAGOS: Didn't, she says she told you that she was wearing a white long sleeved shirt; is that correct? That's a yes, right? What she told you, right? BROCCHINI: That's what she told me. GERAGOS: Okay. And she, did you ever, did you ever learn that Margarita Nava said I have in my mind that what she almost always used to wear was a black pair of pants and a white blouse? BROCCHINI: No. DISTASO: Objection, your Honor. No, I'll let it stand. GERAGOS: So you were unaware that Margarita Nava, by the way, Margarita Nava had been to the house either on three or four times was your understanding as of the 23rd of December? BROCCHINI: Three times was my understanding. GERAGOS: Okay. And you were unaware, at least, that Margarita Nava described Laci as having worn the same outfit all three times? DISTASO: Objection. Unaware. GERAGOS: I'm asking if she's aware. DISTASO: I withdraw it. JUDGE: You can answer. BROCCHINI: I'm not aware of any of that. JUDGE: Can you pull the microphone closer? BROCCHINI: I sure can. JUDGE: Go ahead. GERAGOS: Then said, you asked for a description of the clothing that Laci may have worn that day, and Scott described it as just like a long sleeved T-shirt kind of thing, but, you know, didn't say anything on it; is that right? BROCCHINI: That's what he said. GERAGOS: You interpreted that as meaning a plain white T-shirt without any printing or logos; is that correct? BROCCHINI: With long sleeves. GERAGOS: Okay. And he asked whether or not she had on a, or you asked a jacket or shoes, correct? BROCCHINI: Yes. GERAGOS: He said no, no shoes, right? BROCCHINI: Yes. GERAGOS: And then you asked Do you know what kind of jacket was there, because, like, if she went, like if she went walking at 10:00 or 9:30; and Scott's response was She usually steals my stuff; right? BROCCHINI: Yes. GERAGOS: You said She uses your stuff? Yeah, because, you know, uh-huh, Instead of maternity stuff; right? BROCCHINI: Right. GERAGOS: Okay. Now, at some point did you see a picture that's been labeled as People's 17? BROCCHINI: Yes. GERAGOS: Okay. Do you know whose pajamas those are that Laci Peterson is wearing in People's 17? BROCCHINI: They're, GERAGOS: They're Scott's, right? BROCCHINI: Scott's. GERAGOS: Now, you then asked Scott at approximate, you said Okay, so then about 9:30 you left. And this would be on page four of 29; do you see that? About the middle of the page? BROCCHINI: Yes. GERAGOS: Okay. And you, and you told him: And you drove your four-door truck and went over to your shop; is that correct? BROCCHINI: Yes. GERAGOS: And he told you that he assembled his mortiser; is that correct? BROCCHINI: Yes. GERAGOS: Now, you had been to the shop, correct? BROCCHINI: Yes. GERAGOS: Okay. Judge, I've got a picture, which I'm showing to Mr. Distaso. JUDGE: Do you want it marked next in order? GERAGOS: Yes, please. JUDGE: That would be O. What is it, Mr. Geragos? GERAGOS: Defendant's O. It's a picture of the interior of the shop. JUDGE: Okay. Are you going to call it shop or warehouse? GERAGOS: Warehouse is fine. JUDGE: Okay. Picture of the interior of the warehouse. GERAGOS: Mark it as O. GERAGOS: Okay, Detective, do you see the item that's marked with a placard for number 33? BROCCHINI: Yes, I do. GERAGOS: And that would be, unfortunately, this was about the best picture I could find, right here? BROCCHINI: I see it. GERAGOS: Okay. It's a mortiser, isn't it? BROCCHINI: Well, that's what Scott told me it was. GERAGOS: Okay. Well, did it, did that, it looks to me like somebody put a evidence placard next to it; is that correct? BROCCHINI: That's, yes. GERAGOS: Okay. (Zooming in on number placard in the photo) That item right there in the lower left corner? Did you seize that item? BROCCHINI: Did I seize that item? No. GERAGOS: Yeah. BROCCHINI: Did I seize it? GERAGOS: Well, I mean did the police seize that item? When they put a placard there, what was the point of putting a placard, in your experience? BROCCHINI: They either seize something if they put a placard next to it, or they take a picture of it. I think they took it, but I can't say for sure. GERAGOS: Okay. Do you see this right here? BROCCHINI: Yes, I do. GERAGOS: Is that a box? BROCCHINI: Yes. GERAGOS: Is that the box the mortiser came in? BROCCHINI: Yes. GERAGOS: And that's got a placard on it? BROCCHINI: Yes. GERAGOS: Okay. So he told you that he had received the mortiser, correct? BROCCHINI: He said he had just received the mortiser. GERAGOS: Okay. And do you know what, right here? PAT HARRIS: The Styrofoam. GERAGOS: You come here, you point it out. You've got such great eyes. Oh, there you go. I'm blind as a bat. The, what is that item right there? BROCCHINI: I don't, oh, I don't know. I could guess. GERAGOS: Looks like the Styrofoam the mortiser was in when it was inside the box that he told you he got that he assembled on the morning of the 24th; is that a fair statement? BROCCHINI: Yes. GERAGOS: Okay. Now, can you see, I don't know if you can. I'm the last guy to ask this question, but do you see where that says Delta Woodworking? BROCCHINI: Can I see it in that photo? No. GERAGOS: Okay. Are you aware that it was, that Delta was the woodworking manufacturer that shipped this box to him? BROCCHINI: Yes. GERAGOS: Okay. Are you aware that on, you're aware that Scott was on the computer that morning on the 24th, right? BROCCHINI: That's what he told me. GERAGOS: Okay. Did you have, did you have somebody go and look at the sites that he visited that morning? You had a computer expert do that, right? BROCCHINI: Somebody did that, right. . GERAGOS: Did they show you that at 10:49 he was at the Delta Woodworking site? BROCCHINI: No. GERAGOS: I've got another, I'd like to mark the item I just showed him as P. JUDGE: Or you want to mark it, GERAGOS: Which is a two page Internet Explorer browsing history for 12/24, 2000 and 2 which shows Scott Peterson, user name an URL as being www.DeltaWoodworkingone dot com. <Defendant's Exhibit P marked for identification> JUDGE: Marked P. GERAGOS: Thank you. I've got another picture actually. Thank you. P, Q? And this is the box that looks like it's number 34. GERAGOS: I'm going to show you, Detective, what does that look like to you? BROCCHINI: That looks like the box in that photograph. GERAGOS: Okay. <Defendant's Exhibit Q marked for identification> GERAGOS: Do you see, that appears to be the Delta box, doesn't it? BROCCHINI: Yes, sir. GERAGOS: That the mortiser came in, correct? BROCCHINI: Yes. GERAGOS: And that was, on 12/27 it was still out in the warehouse, correct? BROCCHINI: Yes. GERAGOS: Okay. And shipping instructions were there. Looks like that Styrofoam was still in the box, or the bottom half of the Styrofoam is the still in the box; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, the, Scott said, or you asked him: You went over to your shop. He said Right. What did you do over there. He said Ah I assembled my ah mortiser. You know what a mortiser is? He asked you, right? BROCCHINI: Yes. GERAGOS: You said No. You didn't know what it was, right? BROCCHINI: Right. GERAGOS: And he said: It's a woodworking tool to make tables. Maybe, ah, maybe you saw it on the trailer there, about yea big. And then in the videotape you can see him use his hands, right? To kind of illustrate how big it is? BROCCHINI: Yes. GERAGOS: Okay. And when he says On the table there, you knew him to be referring to this table right here where the picture's taken with the mortiser on it, correct? BROCCHINI: Yes. GERAGOS: All right. Now, he told you that: I just got that so I assembled it, checked my e-mail, sent one e-mail, then hooked up, or hooked the boat up and he went; is that correct? Is that what he told you? BROCCHINI: Yes. GERAGOS: Okay. Did you check the information on the Internet browsing to see if he sent an e-mail? BROCCHINI: No. GERAGOS: You never did that? BROCCHINI: Did I check? GERAGOS: Yeah. Did you check or have someone check? BROCCHINI: Well GERAGOS: You asked somebody to do that, correct? BROCCHINI: I don't know, I don't think I asked anybody to do it, but I knew it was being done. GERAGOS: You also found, when you went in to the warehouse, some paperwork; is that correct? BROCCHINI: I didn't find any of that. GERAGOS: Did you see this paperwork? BROCCHINI: No. GERAGOS: Never seen it? BROCCHINI: No. GERAGOS: Okay. DISTASO: Your Honor, what day are we talking about, when you say he went into the warehouse? GERAGOS: You've been in the warehouse both on the night of the 24th and on the day the search warrant was executed, correct? BROCCHINI: Yes. JUDGE: And on either one of those days did you see those instructions? BROCCHINI: I've never seen that. GERAGOS: Then you asked him, Scott, Who did you send the e-mail to; correct? BROCCHINI: Yes. GERAGOS: And he said: To Eric Van Innis, V-A-N, new word, I-N-N-I-S? BROCCHINI: Yes. GERAGOS: And you wanted to check out that information later on, correct? BROCCHINI: Yes. GERAGOS: Okay. And Van Innis was, Scott said Van Innis is my boss. It was a happy holidays e-mail. He left me a message on the phone this morning, correct? BROCCHINI: That's what he said. GERAGOS: Right. And then you asked how do you spell Innis, right? BROCCHINI: Yes. GERAGOS: Do you know his phone number? Scott said Sure? BROCCHINI: Yes. GERAGOS: And he said No, it's going to be a number in Portugal, correct? BROCCHINI: I asked him if it was a 559 number, and he said No, it will be a number in Portugal. GERAGOS: Okay. And he gave you the number, which was he told you 011, or country code 35, 191-983-5253, right? BROCCHINI: Yes. GERAGOS: Okay. And that turned out to be the correct phone number, right? He gave you the right information, right? BROCCHINI: I don't, I can't say for sure. I mean, I can't remember. GERAGOS: Well, there were wiretaps in this case, weren't there? BROCCHINI: Yes, there were. GERAGOS: Okay. And in the wiretaps in this case they picked up a phone call, an incoming call from a Eric Van Innis, didn't they? And I'm showing you Bates numbered stamp 21265. BROCCHINI: This will be the first time I ever saw this, but if you want me to compare that number. GERAGOS: Sure. You know the wiretap document that I'm showing you; you know what that appears to be, right? BROCCHINI: I've never seen one of these before. GERAGOS: Well, does the number, incoming number, match the number Scott gave you for Van Innis? DISTASO: Objection, your Honor. He doesn't have any foundation to say that. JUDGE: He just asked him if the numbers match up. BROCCHINI: The numbers match up. GERAGOS: Right. And the number is identified as an Eric, correct? BROCCHINI: Yes. GERAGOS: Okay. I'm going to mark that as People's next, defense next in order. JUDGE: R. And what are we going to entitle that? GERAGOS: Central Valley HIDTA, H-I-T, H-I-D-T-A, report number page four. JUDGE: Okay. DISTASO: Your Honor, I'm going to object to this. There's no foundation for it. JUDGE: Well, I don't know what he's going to use it for. GERAGOS: I'm just going to ask him if that's the number that I was referring to and he referred to and the name Eric. JUDGE: That's fine. You can do that. GERAGOS: Do you see that, what I just showed you? I don't know if you can still see it. You can see the number and Eric, can't you? BROCCHINI: Yes. GERAGOS: Okay. Now, the next thing we inquired about, let's see, you asked him Do you know what his e-mail was, correct? BROCCHINI: Yes. GERAGOS: Scott answered Ahhh, it's E-V-A-N-I-N-N-I-S, ah, hell I don't know, I don't know. Then you said That's okay. Does he live, yeah, Portugal, speak English; and Scott said Yeah, bearable. He's a Belgian guy, right? BROCCHINI: Yes. GERAGOS: Okay. And then you went back to the discussion of, you assembled this thing, what the thing, what was the thing you assembled called, and he told you it was a mortiser for mortis and tendon joints, correct? BROCCHINI: Yes. GERAGOS: And then he said Where did you get, or you said Where did you get that? He said he ordered it online, eBay auction actually, correct? BROCCHINI: Yes. GERAGOS: And you went to, did some investigation correct? Regarding that? BROCCHINI: Yes. GERAGOS: And found that, in fact, it had been ordered online, correct? BROCCHINI: Yes. GERAGOS: And through eBay? BROCCHINI: Yes. GERAGOS: And found that it was delivered in December, on December 20th, I believe is what you discovered; is that correct? BROCCHINI: It was, yes. It was, I don't know when it was delivered, but it was picked up on December 20th, about 4:35 in the afternoon at a UPS office. GERAGOS: Okay. And you discovered that after you went to the eBay, you confirmed with eBay that he, in fact, had ordered it online, then you went and got a UPS tracking document; is that correct? BROCCHINI: No. I didn't confirm with eBay. I did contact the place where he bought it, Woodworkingsupply dot com. I spoke to somebody there that actually mailed it through UPS. GERAGOS: Okay. And then I'm showing you a UPS document marked Bates stamp 1245. Did you obtain this UPS tracking document? BROCCHINI: Yes. GERAGOS: Okay. Mark this next in order. Which would be S. JUDGE: Okay. GERAGOS: And it says that it was delivered on December 20th at 4:35 as you just indicated, correct? BROCCHINI: Yes. JUDGE: Delivered to? Modesto? GERAGOS: Modesto. GERAGOS: By the way, when was that Big 5 receipt dated and timed? BROCCHINI: It was also dated 12/20 of 2002, and it was 1549. GERAGOS: What time is that? BROCCHINI: Ten minutes to 4:00. GERAGOS: Okay. This is the document that I just marked as S, which is a UPS tracking document, correct? BROCCHINI: Yes. GERAGOS: And December 20th, 4:35, signed by Peterson, the receiver, in Modesto, correct? BROCCHINI: It's actually, if you go down a little farther, he picked it up in Ceres, right there. GERAGOS: Okay. Did you ever get the signature item for whoever signed for it? BROCCHINI: No. GERAGOS: Now, the, he told you, after you talked about the eBay auction, actually, then you changed and went to the fax that you had talked about with Mr. Distaso that was in the warehouse itself; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Okay. Can you point out and then write, if you've got a red pen, the same red pen, where the fax machine was? BROCCHINI: It was on the, oh, where the machine was? GERAGOS: The machine. JUDGE: Put an X, draw a line out from it, Detective, and put "fax." BROCCHINI: It was on the floor side of the desk. It would be on the north wall. GERAGOS: The floor on the side of the desk is where the machine was, correct? BROCCHINI: Right. GERAGOS: Okay. And specifically the, the fax as you say, okay, the fax you got. You hadn't got it yet or did, and Scott says I guess not, I, I don't know. I can't remember when I picked it up. Okay. Scott said: I remember they said the boat was arriving on the 26th, and I wasn't happy about that, but other than that, it may have been when I got back to the office. Is that correct? BROCCHINI: That's correct. GERAGOS: Okay. I'm going to show you a document. Does that look familiar to you? BROCCHINI: Yes. GERAGOS: Okay. Is that the fax? BROCCHINI: That's the fax. GERAGOS: Mark this as defense next in order, which is T. JUDGE: T. GERAGOS: And he said something about the 26th; is that correct? Told you that the, he wasn't happy about the boat arriving on the 26th. I wasn't happy about that; is that right? BROCCHINI: Yes. GERAGOS: Okay. And this fax, did it have a document there that appears, or some writing that talks about December 26? BROCCHINI: Yes. GERAGOS: Talking about a container of fertilizer that's coming in? BROCCHINI: Yes. GERAGOS: Okay. Now, does it also have a fax stamp at the top there? BROCCHINI: Yes. GERAGOS: And have an area code right there? 201? BROCCHINI: Yes. GERAGOS: Do you know where, where 201 is? BROCCHINI: No. GERAGOS: New Jersey? BROCCHINI: I don't know. GERAGOS: Didn't he tell you that it was a, you were asking him a, questioning him about the timing on the fax header and he told you it was an East Coast fax? Didn't he tell you that in that interview we saw yesterday? BROCCHINI: Yes. GERAGOS: Okay. And this, in fact, has a out-of-state header, you can take my word for it 201 is in New Jersey, the East Coast? BROCCHINI: New Jersey is on the East Coast. I won't take your word for 201, but, I don't know if it is or isn't. GERAGOS: Thank you. Is this a good time to take the JUDGE: Yeah, you want to take the recess? GERAGOS: I'm going to go into another area. JUDGE: All right. Ladies and gentlemen of the jury, we'll take the afternoon recess. Ten minutes to 3:00, and pick up with Mr. Geragos where he left off. GERAGOS: Judge, what were the two exhibits which I didn't adequately, was it O? JUDGE: I can tell you the ones that, well N, O, P, R, N, O, P, R. One is the purchase ticket from the pawn shop which I showed the witness, didn't recognize it. GERAGOS: O is the, JUDGE: O is the picture of the interior of warehouse shown. GERAGOS: Detective Brocchini, this has previously been marked O. Does that appear to you to be the warehouse that previously been identified as the warehouse? BROCCHINI: Yes. GERAGOS: And does that appear to you also be a Modesto PD, some kind of a crime scene tech photo? BROCCHINI: Yes. Or a copy of one. JUDGE: Does that is that accurately portray the interior of the warehouse as you saw it? BROCCHINI: On the 27th. JUDGE: Right, okay. GERAGOS: I'm going to go through IPS internet routing history on account. Have you seen the internet history on this, in connection with the investigation? BROCCHINI: No. GERAGOS: I'll wait and do that with the expert. JUDGE: Okay. GERAGOS: The next thing that was talked about in that, oh, by the way, on the, I know you didn't want to trust me. But as from New Jersey, did you know about Hoboken N.J.? BROCCHINI: I believe N.J is New Jersey. I just didn't know about 201. I'm sorry. GERAGOS: And that is, by the way, that is the fax that you picked up that night, correct? BROCCHINI: Yes. GERAGOS: When you went back into the warehouse with Mr. Peterson, that was right up in this area right here that you have marked with "fax", correct? BROCCHINI: No. That, I saw that fax when I went in the shop for the first time. It was laying on a desk. GERAGOS: Okay. Now, the, then you started to talk about what time Mr. Peterson left Modesto; is that correct? BROCCHINI: Yes. GERAGOS: And specifically, he had handed, he had told you, Ah, gosh, I don't know. Ah, I, you know, extrapolate what time I got the, you know, noon, is that right? And then you said, Yeah, it was noon. And then he says, Which one is it there? You know, it has two times. You were discussing the item that's been marked as 53; is that correct? BROCCHINI: Yes. GERAGOS: And the discussion was specifically the times that are on there; is that right? BROCCHINI: Yes. GERAGOS: And the two of you when you are sitting in that video, and as you are looking at it, you are trying to decide the bigger number is 11:59 p.m. and the smaller number, that's, it's 12:54 p.m. on December 24th. The conversation that the two of you were having is which time is the pertinent time, correct? BROCCHINI: Yes. GERAGOS: Okay. And finally between the two of you, if I understand correctly, you come to the conclusion that 12:54 is the time and that this ticket is good up until 11:59 p.m. on Tuesday of Christmas Eve, right? BROCCHINI: Yes. GERAGOS: And that receipt was given to, you had it in that interview, correct? BROCCHINI: Yes. GERAGOS: Who gave it to you? BROCCHINI: Officer Evers. GERAGOS: Okay. And Peterson asked you which one's right, referring to the time. Your response is, shit, I don't know Tuesday, time 12:54 and December 24th, but expires oh, okay, expires 11:59 p.m. Tuesday. Okay. So you got there at 1:00 o'clock. Is that what you said? BROCCHINI: Yes. GERAGOS: And Scott says I got there at one. And you said, yeah, about one. And then he says, and I imagine it took at least an hour and a half. And you say, yeah, okay. So it would be twelve. It would be 11:30 or about. And he answered, yeah, probably longer than that. And then you say on the next page, seven of 29, probably a little longer, right? BROCCHINI: Right. GERAGOS: Now, did you, at any point, inquire, I know that you have said you had not seen what was Defendant's P, which is the Internet Explorer browsing history. But at any point did you talk to somebody about the times that Mr. Peterson was on the computer? BROCCHINI: I have talked to somebody about it. GERAGOS: Okay. Was it your understanding that he was on the computer from roughly 10:32 to about 10:49? BROCCHINI: I don't recall. I just remember it was, GERAGOS: Let me show you P, and just look at it silently to yourself, see if that refreshes your recollection as to when he would have, starting from there on the second page to up there on the first page. BROCCHINI: It doesn't refresh my memory. GERAGOS: That does not? BROCCHINI: No. GERAGOS: How about Sheriff's Department report, Bates number 37053. Read it silently to yourself, yellow highlight areas. Tell me if that refreshes your recollection as to when he was on the computer. BROCCHINI: No, I have never spoken to Lydell Wall about that. GERAGOS: Who is Mr. Wall? BROCCHINI: He's a deputy for the Stanislaus County Sheriff's Department. GERAGOS: And he was, on December 28th was asked to take, of 2002, was asked to take a look at the activity on the computer, correct? BROCCHINI: I don't recall that. GERAGOS: Okay. Well, as part of your investigation December 28th, was it of interest to you to find out exactly when Scott was, Scott told you he was on the computer, right? BROCCHINI: Yes. GERAGOS: Was it of interest to you to find out exactly what time he was on the computer? BROCCHINI: Yes. GERAGOS: And, obviously, it was of interest to somebody because they went and they enlisted the help of Lydell Wall of the Sheriff's office to go and take a look at that computer which had been seized on the 27th, correct? BROCCHINI: No. GERAGOS: You didn't seize the computer on the 27th? BROCCHINI: We did seize it. But from what I remember was Officer Kirk Stockham from the Modesto Police Department that was reviewing that computer after we seized it, he seized it. I don't remember anything about Lydell Wall until maybe even eight or nine months later. GERAGOS: Does it look to you like the Sheriff's Department High-tech Task Force did a report on that some at some point, but you are not familiar with it? BROCCHINI: I have never seen it before. GERAGOS: Okay. And at some point did you find out when Scott was on the computer? DISTASO: Objection. Calls for hearsay. It's lack of foundation. GERAGOS: Goes to whether or not he found that information. I didn't ask him for what it was. I'm asking did he find it. Did you find it? BROCCHINI: I knew he was on the computer from talking to be Kirk Stockham. But I don't remember when he was on, and when he got off. GERAGOS: Okay. Now, that was important in terms of you trying to create a time line, wasn't it, for the morning of the 24th? BROCCHINI: Yes. GERAGOS: Okay. Now, the next thing you discussed in that interview that we saw was whether he drove straight there; is that correct? BROCCHINI: Yes. GERAGOS: He told you that he did. You asked him if he stopped for lunch, correct? BROCCHINI: Yes. GERAGOS: And he said no; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Then specifically you asked him, did you buy bait, correct? BROCCHINI: Yes. GERAGOS: Okay. And his response was what? BROCCHINI: He's not a bait fisherman. GERAGOS: What does that mean, not a bait fisherman? BROCCHINI: Means somebody that would use lures, flies, some artificial type of bait, or something. GERAGOS: Is the term, for those of us who don't fish, the term a bait fisherman somebody who uses a live bait of some kind, as opposed to an inanimate object? BROCCHINI: That's how I describe it. GERAGOS: And specifically one of the pieces of information that you had received from Spurlock or Evers was the fact that he couldn't tell what kind of bait he was using when they asked him in the house; isn't that correct? BROCCHINI: Yes. GERAGOS: But they did indicate to you that Mr. Peterson indicated he was using a silver lure, correct? BROCCHINI: No. GERAGOS: Never told you that? BROCCHINI: No. GERAGOS: They never told you that he is using a silver lure, and put his fingers up like I'm doing seven, about seven or eight inches? BROCCHINI: Did he tell me that? GERAGOS: Evers, Spurlock, Letsinger, or Duerfeldt? BROCCHINI: No. GERAGOS: None of them told you that? BROCCHINI: That I remember, no. GERAGOS: Now, he told you, meaning Scott, told you, no, I'm not a bait fisherman. You said, You didn't buy no lunch, didn't even eat nothing; is that correct? BROCCHINI: Yes. GERAGOS: And you then asked him take a lunch? He said, no, I didn't. Scott said, I was damn hungry for that pizza when I got home. Right? BROCCHINI: Yes. GERAGOS: And he, you asked him, okay, so if you got to the, comma, about five minutes to one. And I assume you meant got to the marina, correct? BROCCHINI: Yes. GERAGOS: You got your boat in. How long do you think you stayed in the water? Correct? BROCCHINI: Yes. GERAGOS: And he said, Felt like an hour and a half or so. Like I said, I didn't have any lunch or anything. If I was getting home at 4:30, quarter to, I don't know, an hour and a half, I guess, probably be accurate. Is that right? BROCCHINI: That's what he said. GERAGOS: Now, you asked him, did you have a map for that area? He said no. Is that correct? BROCCHINI: Yes. GERAGOS: Specifically you said what, you just wing it, right? BROCCHINI: Yes. GERAGOS: He had earlier researched it on the internet; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And he told you that, prior to the taped conversation, that he had gone online and researched where the fishing areas are, right? BROCCHINI: He said he researched the bay, yes. GERAGOS: On the internet, correct? BROCCHINI: Yes. GERAGOS: And you didn't specifically ask him about that in the taped interview that we saw, correct? BROCCHINI: No. GERAGOS: Now, the, BROCCHINI: But I documented it in my report, though. GERAGOS: You documented both in a report and in an affidavit, correct? BROCCHINI: Yes. GERAGOS: I'll show you the affidavit if you would like to ne 6 see it. Looks like it's January 21st, the same day you wrote the other reports. It's an affidavit for search warrant. It's page two of eight, line three? BROCCHINI: Yes. GERAGOS: You documented it in an affidavit, right? BROCCHINI: Yes. GERAGOS: Now, the, so you said when, then, you guys talked about, so you just, when you got in your boat, you took off. Did you go very far, or, and he said, well, he, being Scott, I mean probably a couple of miles. I went north, found like a little island kind of deal there. Is that correct? BROCCHINI: Yes. GERAGOS: Now, the little island deal that he described would have been Brooks Island, as far as you were concerned; is that correct? I got here so you can take a look. These pictures were put together in this exhibit as 69, based upon what he, at least ones for Brooks Island, based upon what he told you that evening in the interview, correct? BROCCHINI: I don't know. GERAGOS: Well, maybe that was unfair. He's the one who told you that he went to the Berkeley Marina, correct? BROCCHINI: Yes. GERAGOS: He's the one who told you that he put the boat into the water, correct? BROCCHINI: Yes. GERAGOS: Okay. He also told you specifically, well, I mean I, probably a couple of miles I went north, found like a little island kind of deal there, right? BROCCHINI: Yes. GERAGOS: Okay. And then 69-A, if you are taking a look at the marina, the island that is north is right there that I'm pointing to, right? BROCCHINI: Yes. GERAGOS: Okay. So he described where it was that he went to, right? BROCCHINI: Yes. GERAGOS: He didn't have a picture with him at the time. He just did it, verbally painted a description for you? BROCCHINI: Yes. GERAGOS: Then he told you, well, an island had a bunch of trash on it. I remember a big sign that said "No Landing". Looked like some broken piers around it. I just assumed it would be, it would be a decent, you know, shallow area. Is that correct? BROCCHINI: Yes. GERAGOS: That's precisely, based upon his description, that you were able to find this location that's represented in 69-D, correct? You had "No Landing" sign, you had some broken piers, and it had a shallow area, right? BROCCHINI: Well, two areas that, I can't say that is the area he was talking about. If you go a little bit to the west then, this would be another "No Landing" sign, a bunch of debris, and broken piers in the water. GERAGOS: Okay. Well, I'll show you this, the other picture that is marked as 69-F. Is that correct? BROCCHINI: Yes. GERAGOS: That's the other picture you are talking about? BROCCHINI: Yes. GERAGOS: Okay. There, however, there is a bunch of debris there. Told you it had a bunch of debris. He told you about that, and broken piers, right? BROCCHINI: He said there was. GERAGOS: Big "No Landing" sign. I think exactly what he said was, just leave this up here. A big "No Landing" sign, and the island had a bunch of, I stand corrected, a bunch of trash on it. It had a big sign that said "No Landing". Looked like some broken piers around, I assumed it would be shallow. Correct? BROCCHINI: That's what he said. GERAGOS: Okay. Now, that area could have been one of two, but both of you would have thought it was Brooks Island; is that correct? BROCCHINI: Yes. GERAGOS: Okay. I shut this off. And that's why, when Mr. Distaso asked you to circle the red, with a red pen, that's why you did that. Right there, right? Based upon the description that Scott had given you, right? BROCCHINI: Yes. GERAGOS: Now, did you, by the way, we were you out there when these pictures were taken? BROCCHINI: No. Well, I don't know. I could have been. Those were taken from an airplane. I could have been in a boat out there. GERAGOS: There is another picture that is marked as 69-F. Is this one of the pictures? You could have been on a boat. Looks like on the right side there is a picture from the boat? BROCCHINI: No, I wasn't on that boat. GERAGOS: How shallow is that area around Brooks Island, do you know? BROCCHINI: Depended on the tide. It could be very shallow to, I mean it goes up to the shore, so it goes to nothing, almost, to land. And then it gets to be seven, eight, nine, ten feet, depending on the tide. GERAGOS: Tide. And it can be practically nothing at low tide; isn't that correct? Low as a foot or so; isn't that correct? BROCCHINI: Well, the closer you get to the shore, the shallower the water is. GERAGOS: But it's deepest, in that high tide, it's only about ten feet deep, isn't it? BROCCHINI: I think so. But I don't know. To get that shallow, is a foot, is a foot or so. GERAGOS: Have you ever, how many times would you say you have been out to the bay? BROCCHINI: For this case, I went out there three times with divers. And they had to go underwater deeper than that every time I was there. GERAGOS: Now, the, you then asked him, Did you troll? Page 8 of 29. BROCCHINI: Yes. GERAGOS: He says, A little bit. I mean a lot of the reason I went out was to just to get that boat in the water. Is that correct? BROCCHINI: That's what he said. GERAGOS: Okay. And you had gone out and talked to a Bruce Peterson; is that correct? BROCCHINI: No. GERAGOS: You didn't talk to Bruce Peterson? BROCCHINI: I did, but I talked to him on the phone. GERAGOS: I'm sorry. You spoke to Bruce Peterson on the phone January 4th, correct? BROCCHINI: Spoke to Bruce Peterson once on the phone and once at the police station. So I'm not sure. Do you have my report? GERAGOS: Take a look right there. 11-10. 11-10? BROCCHINI: Okay. GERAGOS: Okay. Now, you confirmed with Bruce Peterson that he was unable to start the boat; isn't that correct? BROCCHINI: Give me a minute, Mr. Geragos. JUDGE: You say the boat. What boat are you referring? GERAGOS: Bruce Peterson is the person that Scott Peterson had bought the boat from; is that correct? BROCCHINI: Yes. GERAGOS: Okay. When you talked to Bruce Peterson, he told you, or you received the information that he was unable to start the boat because he didn't have a fresh water adapter, right? BROCCHINI: Yes. GERAGOS: Okay. So when Scott told you, I mean a lot of the reason I went to just get, was just to get that boat in the water, to see, you know, Scott was telling you that was the first time he put the boat in the water, didn't even know if it would run; is that correct? DISTASO: Objection, your Honor. It assumes facts not in evidence. GERAGOS: I'm asking him if he knows. JUDGE: I don't think so. Overruled. Is that what he told you? BROCCHINI: Well, that's what he told me. But I don't know if that's what he meant. GERAGOS: That's what he told you, right? BROCCHINI: That's what he told me. GERAGOS: You didn't find any evidence in your investigation to show that he had ever put that boat in the water prior to that, correct? BROCCHINI: That's correct. GERAGOS: Didn't find any evidence to show in your investigation that anybody had demonstrated that the boat or the motor even worked prior to putting it in the water; isn't that correct? BROCCHINI: That's correct. GERAGOS: Okay. Now, the next thing that happened in the interview was Amy Rocha apparently called, and Scott picked up the cell phone; is that right? BROCCHINI: Yes. GERAGOS: Okay. Now, could you hear that conversation? BROCCHINI: I could hear some of it. About like you could on the tape. GERAGOS: About the same level on the tape? BROCCHINI: Yes. GERAGOS: Amy Rocha seem to be talking in measured tones to Scott? BROCCHINI: I don't know. What do you mean by measured? GERAGOS: She wasn't screaming, was she? Could you hear her screaming on the phone? BROCCHINI: No. GERAGOS: Did you hear her sobbing on the phone? BROCCHINI: No. She was, sounded excited to me. GERAGOS: Now, Scott tells you, or he tells Amy, it's picked up on the tape, he talks about Nate and Brent. Do you know who that is? BROCCHINI: I don't know who Nate is. GERAGOS: And did you ever interview Amy Rocha? BROCCHINI: No. I have spoken to her, but I never have interviewed her. GERAGOS: And Scott told you who Amy was, correct? BROCCHINI: Yes. GERAGOS: Told you different mother, same father, correct? BROCCHINI: Yes. GERAGOS: And he told you that he went to fish for ninety minutes, and, no, you said, okay, so you fished ninety minutes. Then, what? You get back to, you go back to the marina, correct? BROCCHINI: Yes. GERAGOS: And he said "Un-hun". BROCCHINI: Yes. GERAGOS: You say get back in your boat? He says yes. He says, you see anybody, you talk to anybody out there? And he told you that he talked to a couple of guys fishing, right? BROCCHINI: Yes. GERAGOS: And at that point, you still were suspicious of this story that he had even gone to the marina in the first place; isn't that correct? BROCCHINI: No. No, I was suspicious of the story, but not that he'd gone to the marina. GERAGOS: You believed he'd gone to the marina. I'm asking you, did you? BROCCHINI: Are you talking about on that night? GERAGOS: On that night. BROCCHINI: I believed him. I believed him. GERAGOS: He told you he talked to a couple guys fishing, and they asked me, you know, did you catch anything? Is that what he said? BROCCHINI: Yeah. GERAGOS: And then he said no. They didn't either. The guys were working, fishing, maintenance guys. Got a good laugh from me trying to back down the trailer. Is that right? BROCCHINI: That's right. That's right. GERAGOS: You sent officers out to see if they could find these people, isn't that correct, who Scott claimed that he had seen? BROCCHINI: Officers were sent. Are you asking if I sent them? GERAGOS: Where was, are you aware that officers were sent out? BROCCHINI: Yes. GERAGOS: Were you aware that officers located people who Scott was referring to? DISTASO: Objection, your Honor. Going to call for hearsay. JUDGE: He's not asking, he is just asking if he was aware that they located these, GERAGOS: Whether they located people. I know they spoke to people at the Berkeley Marina. GERAGOS: Okay. Do you know they spoke to Mike I-l-v-e-k-t-a? BROCCHINI: No. GERAGOS: Were you aware they spoke to, were you aware they spoke to a gentleman by the name of Yuri Faria, F-a-r-i-a? BROCCHINI: No. GERAGOS: Okay. So Scott told you about these people that were working or fixing, the maintenance guys. They got a good laugh you trying to back down the trailer. You then said a couple guys were laughing, a couple guys were talking about fishing, right? BROCCHINI: Yes. GERAGOS: And then you asked him, And then what, you drive, how did you get there? Is that correct? BROCCHINI: Yes. GERAGOS: And he says, Highway, you mean, basically asking you if that's what you are talking about, correct? BROCCHINI: Yes. GERAGOS: And then he asked you, what's the highway to Oakland 580. And then there is a description back and forth between you two about taking the north, 580 to north. It's the second exit to Berkeley, correct? BROCCHINI: Yes. GERAGOS: And he you asked him if he comes home the same way? BROCCHINI: Yes. GERAGOS: Now, you have to, then asked him if he stopped for gas, right? BROCCHINI: Yes. GERAGOS: And he tells you that he stopped for gas in, I guess it's Livermore, Livermore or Pleasanton. Which one is near the Altamont, correct? BROCCHINI: Yes. GERAGOS: You responded, That's Livermore? BROCCHINI: Yes. GERAGOS: He says okay. You asked him where did you stop, right? BROCCHINI: Yes. GERAGOS: And he said, I think it was a Chevron station. There is a buses around there. Is that correct? BROCCHINI: Yes. GERAGOS: And then you continued that discussion. Was that on the way home, or on the way there? What did he tell you? BROCCHINI: The way home. GERAGOS: You asked him how did you pay? What did he tell you? BROCCHINI: With his debit card. GERAGOS: And you asked him if he had a receipt, correct? BROCCHINI: Yes. GERAGOS: He told you he did not have a receipt, right? BROCCHINI: Yes. GERAGOS: And then you asked him, was it your bank, or was it a Chevron. It wasn't a Chevron card, right? BROCCHINI: Yes. GERAGOS: And he told you that, that it was a card, right? BROCCHINI: Said it was an Ebay card, or something, ATM. GERAGOS: Somebody sent Detective Owen out to investigate this portion of what Scott said, correct? BROCCHINI: Yes. GERAGOS: Detective Owen was able to locate a station, a Chevron gas station just before the Altamont in Livermore, correct? BROCCHINI: Yes. GERAGOS: And was able to link up the credit card that was used at the Chevron station at a specific time, wasn't he? BROCCHINI: Yes. GERAGOS: 3:25 on the 24th, correct? BROCCHINI: I don't recall, but that sounds correct. GERAGOS: And the amount of money that was used for that charge at the gas station was approximately, accounted information seven to eight gallons of gas; is that right? BROCCHINI: I don't know. GERAGOS: But apparently it was checked out, and the location where he told you was specifically where he was, right? BROCCHINI: Yes. GERAGOS: Now, he also, you asked him, Did you get anything in the store? Is that correct? BROCCHINI: Yes. GERAGOS: You were hoping that maybe there would be some kind of a video inside that would have captured whether he was there or not; is that correct? That's why? BROCCHINI: That might have been one of the reasons. GERAGOS: You wanted to know if he went inside, correct? BROCCHINI: Yes. GERAGOS: And then, and you then moved over again, I think backtracked in time. You said, okay, when you got in the car, what did you call you said? Is that correct? BROCCHINI: Yes. GERAGOS: Okay. So you were backtracking in terms of your e questions from the time that he was at the gas station back to when he was at the marina; is that right? BROCCHINI: Yes. GERAGOS: Said he, I called Laci just as I was leaving the marina. Is that correct? BROCCHINI: Yes. GERAGOS: Okay. May I have one moment? (PAUSE IN PROCEEDINGS) GERAGOS: Can we, I hate to do this, but can we approach, or go into chambers just for a second before I play the next item? JUDGE: Shall, I leave the jury sit there? DISTASO: Actually, we are going to have to have a hearing on this next exhibit. JUDGE: All right. I tell you what. Shall we send the jury home? I don't know how long this is going to take. GERAGOS: There are two others that I probably should run. We can do it all at the same time. JUDGE: All right. Okay. Ladies and gentlemen of the jury, since we have to go in chambers now and discuss some evidence items, I'm going to go ahead and send you home.
June 24, 2004 JUDGE: . . . There's a few other matters we have to deal with before cross-examination of Detective Brocchini. We have three, three exhibits we want to mark and make part of the court record. One is the memo from the juror. That will be marked next in order. CLERK: It's 18. JUDGE: 18. JUDGE: Then the jury alias numbers sealed. CLERK: Is 17. JUDGE: The next one is the videotape. CLERK: Is 16. JUDGE: All right. Those are now court exhibits. <Court's Exhibits 16, videotape, 17, list of jury aliases, and 18, memo from juror, marked for identification> JUDGE: Okay. Then I know some of you have made some inquiries about the 4th of July weekend. I'm going to deal with that before we adjourn for the noon recess, okay? I discussed it with the lawyers about giving you some time off, and I'll talk to you about that this morning, okay? Okay. Detective Brocchini, where are you? There you go. (Detective Brocchini retakes the stand) JUDGE: Do you remember where you left off, Mr. Geragos? GERAGOS: Yeah. I believe so. We were about to play something. JUDGE: That's right. GERAGOS: (To Mr. Naljian) Do you know which one we're playing? Detective Brocchini, the, during the interview with Mr. Peterson on the 25th, at about, I think your testimony was that it was about midnight, correct? Started about midnight? BROCCHINI: Yes. GERAGOS: And you said: Okay, when you get in the car, what did you, what did you call you said? That's on page ten of 29; is that correct? Fourth line down. BROCCHINI: Okay. When you get there. GERAGOS: It says: Okay when, when you got in the car what did you call you said; is that correct? BROCCHINI: That's what it says. GERAGOS: Okay. And is that roughly what you said to Mr. Peterson? BROCCHINI: Yeah. I remember I was asking him what he said when he called. GERAGOS: Okay. He told you that he Called Laci ah just as I was leaving the marina, correct? BROCCHINI: Yes. GERAGOS: And that was a phone message; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, at that point you asked him about his home phone, correct? BROCCHINI: Yes. GERAGOS: And you said there was a home and a mobile phone, right? BROCCHINI: He told me there was a home and a mobile. GERAGOS: Okay. The first number he gave you was, you asked him What's your home phone number, right? BROCCHINI: Yes. GERAGOS: And he told you 524-2049, right? BROCCHINI: Yes. GERAGOS: The second number you asked for was the mobile phone; is that correct? BROCCHINI: Yes. GERAGOS: And then I think the transcript says: And then what's your mobile? But it should have been What's her mobile, right? BROCCHINI: Yes. GERAGOS: That would have been more accurate? BROCCHINI: Yes. GERAGOS: And he gives you this 402-8806? BROCCHINI: Yes. GERAGOS: And you discovered that that was correct, right? BROCCHINI: Yes. GERAGOS: Okay. The, you then asked him what her password is, correct? BROCCHINI: Yes. GERAGOS: And he told you 8184, and that was correct also, right? BROCCHINI: Yes. GERAGOS: Okay. Now, there are, I think roughly about, within that week afterwards, you rushed out a subpoena for the records of Laci's phone, correct? The mobile phone, that 402-8806? BROCCHINI: No. GERAGOS: They were received by way of a search warrant on Verizon Wireless, were they not? BROCCHINI: Yes. GERAGOS: Okay. And it was determined that there were phone calls made to and from Laci's phone on the 23rd and going to the, December 20th. I don't know if you can see that because it's a little grid. But you recognize this, don't you? BROCCHINI: I've never seen this. GERAGOS: You were responsible, at least, for trying to get the phone records, weren't you? BROCCHINI: No, I think somebody else wrote that search warrant. GERAGOS: You knew it was happening? BROCCHINI: Yes, I did. GERAGOS: Okay. And you see that there are phone calls made on the 20th and 23rd, both outgoing and incoming? BROCCHINI: I see that. GERAGOS: Okay. May I mark this as the defendant's next in order? JUDGE: Next in order. CLERK: Defendant's U for identification. JUDGE: What is it, U? GERAGOS: U. DISTASO: Your Honor, I'm going to object to this being called. Lack of foundation. JUDGE: Well, he's just marking it right now. Right now, unless there's some foundation issue. These are phone records, Mr. Geragos? GERAGOS: Yeah, it's a one-page sheet of the, and it's Bates numbered looks like 38390, and it's a one-page call detail for Laci Peterson's cell phone. This particular page shows 33 calls starting on December 20th and then moving through the 26th. JUDGE: Okay. (Defendant's Exhibit U marked for identification) GERAGOS: Now, the, you then asked Scott Peterson: If we called, if you called her number and ah if they would tell you, doesn't it? Does it tell you what time the call comes in; is that correct? BROCCHINI: Yes. GERAGOS: So you were trying to check exactly what time Scott Peterson had called Laci Peterson when he left the marina; is that correct? BROCCHINI: Yes. GERAGOS: And that was part of trying to create this timeline in your mind for what Scott had done on the 24th, correct? Part of that, part of that was your motivation? BROCCHINI: I think I was just trying to corroborate his story. I don't know if it was a timeline matter in my mind at that time. GERAGOS: Okay. So you're trying to corroborate it? BROCCHINI: Yeah. GERAGOS: You've corroborated that he's given you the right phone number; you corroborated all the items that we gave you yesterday subsequently, right? BROCCHINI: Yes. DISTASO: Objection. It's compound. JUDGE: Overruled. It's just a recap of the evidence. Go ahead. GERAGOS: I'm sorry, may I proceed? JUDGE: It was overruled. Go ahead. GERAGOS: At this point Scott says: Ah I don't know if it's time stamped, try it out. Yesterday at 2:16; correct? BROCCHINI: Well, it didn't, it wasn't that sentence like that. GERAGOS: I mean that's what the transcript, how the transcript reads. He, his words were: Ah I don't know if it's time stamped, try it out; correct? BROCCHINI: That's correct, he did, GERAGOS: Yesterday at 2:16? BROCCHINI: Yeah. He did it, and then he listened and he said, after he heard it, yesterday at 2:16. GERAGOS: And you said can you hear it? BROCCHINI: Yeah. GERAGOS: And he said Yeah. And you asked him do You know how to repeat it? And he told you that you press, he says I think 9, which you interpreted as you press the number 9, right? BROCCHINI: Yes. GERAGOS: And there, there was two new messages, right? BROCCHINI: Yeah. There was two messages. GERAGOS: Right. And then you said Okay, I'll save it, it was possibly her dad or somebody; right? BROCCHINI: Right. GERAGOS: And that's when yesterday, or the day before yesterday, when the jury and we were viewing this tape and there's a pause with you holding a phone to your ear, that's what you're doing? You're listening, that was not Laci's phone, but Scott had dialed in, had used the password, had retrieved the messages and had handed the phone to you so that you could listen to the messages, correct? BROCCHINI: Yes. GERAGOS: Now, then you ask him Okay. Let's see: It says the first one was 2:15. That's what Scott tells you, right? BROCCHINI: Yes. GERAGOS: And then you say: Ah, okay so then you go get gas, right? BROCCHINI: Yes. GERAGOS: And You drive straight home. You ask him: You drive straight home. He says no, To the warehouse, where he dropped off the boat, right? BROCCHINI: Yes. GERAGOS: As far as you know that's what he did because when you went to the warehouse the boat was there, correct? BROCCHINI: Yes. GERAGOS: Then he told you he went home, and you asked him, let's see: Did you ah when you left, were you wearing, what, what were you wearing when you left; correct? BROCCHINI: Yes. GERAGOS: And he said blue jeans and a blue shirt? BROCCHINI: Blue T-shirt. GERAGOS: Blue T-shirt, right? BROCCHINI: Right. GERAGOS: And when you asked him about the shoes, he told you that he was wearing Timberline shoes, right? BROCCHINI: Yes. GERAGOS: And Which jacket? You say The one, the jacket, in your truck? He says Well when I left the house...I didn't have a jacket on, and you said Right? BROCCHINI: Okay. GERAGOS: Okay. Is that correct? All of that is accurate? BROCCHINI: That's correct. GERAGOS: Now, the, he told you that when he was in the warehouse he had a green pullover on that was in his truck that you saw. So apparently prior to this tape, when the two of you went into the truck you saw a green pullover, correct? BROCCHINI: No. GERAGOS: Did you, did you see, when he said he had the green pullover that was in my truck you saw, you didn't know what he was talking about? BROCCHINI: I knew he was talking about a green pullover, but it wasn't in the truck. It was in the washing machine. GERAGOS: And when it started raining, raining he had a camo jacket on in the boat and ah tan hat? BROCCHINI: Yes. GERAGOS: Did you see the camo jacket somewhere? BROCCHINI: Yes. GERAGOS: Where was that? BROCCHINI: In the truck. GERAGOS: Okay. Did you see a tan hat? BROCCHINI: I don't recall. GERAGOS: Okay. You went back, you asked him when you went back to the shop you unhooked the boat, and you said: What else did you do? Anything else? Correct? BROCCHINI: Yes. GERAGOS: Okay. Now, when you went over, prior to the taped interview, you went over to the warehouse, correct? I mean we went through this, but at some point you went in there, you said you had, is it a Streamlight flashlight? You were shining the light, you went to look at the boat, right? BROCCHINI: There was a bunch of questions in there, or answers; but, yeah, I did go to the shop with Scott before this interview. I did have my Streamlight when we went in in there. There were some other questions in there I can't remember. I don't know what they were. GERAGOS: Okay. I've got two items here, before I mark them, JUDGE: Want to mark them separately? GERAGOS: Yeah, I'll mark them separately. GERAGOS: Do you recognize these two items? BROCCHINI: Yes. GERAGOS: Okay. I'll mark them separately next in order, which I guess would be V and W. JUDGE: How about W 1 and W 2? GERAGOS: Yeah. V as in Victor. JUDGE: V. Okay. GERAGOS: U is the telephone call records. JUDGE: The last one. Okay. V is, V 1 and V 2. GERAGOS: Just for, do you have any problem with just putting the exhibit tags on the back of this evidence tag? DISTASO: No, that's fine. JUDGE: Of the evidence tag? GERAGOS: So the first one will be a fishing rod. Says number 153. Looks like somebody originally had written 152 and then turned the 2 into a 3. JUDGE: All right. GERAGOS: That will be Victor 1. JUDGE: All right. And the other one will be V 2. (Defendant's Exhibit's V 1 and V 2 marked for identification) GERAGOS: The other one has says April 18, 2003 Buehler on it, on one side. GERAGOS: Okay. I'm going to first show you V 1. Do you recognize this? BROCCHINI: Yes, I do. GERAGOS: Can you tell the jury what this is? BROCCHINI: That's a fishing pole I saw on the boat on the 24th. GERAGOS: Okay. BROCCHINI: I also saw it on the 27th in the boat. GERAGOS: So it's both on the 24th and on the 27th, correct? BROCCHINI: Yes. GERAGOS: Okay. Can you tell the jury what V 2 is? BROCCHINI: It's a fishing pole that I saw in the Mercedes when we arrested Scott. GERAGOS: When you arrested Scott. It looks like it's a new fishing pole, correct? BROCCHINI: Yes. GERAGOS: I mean it still has the 49.99 Big 5 receipt on it; is that correct? BROCCHINI: Yeah. Looks like a new fishing pole with no fishing line on it. GERAGOS: Right. That was when you arrested him, this one which I'm holding, which is V 1, was the one that you saw in the boat on December 24th, correct? BROCCHINI: It's one of the fishing poles that I saw in the boat on the 24th. GERAGOS: Right. There was another one in there as well, wasn't there? BROCCHINI: That's correct. GERAGOS: What was that? Can you describe that, do we, do we have the other one here? DISTASO: Right here. GERAGOS: I, and I'll mark that as V 3. JUDGE: Right. GERAGOS: Is this pole, is that the other one you saw in the boat? BROCCHINI: That's the other one I saw in the boat. GERAGOS: Okay. Let me mark this as V 3. The tag says fishing rod 152. JUDGE: Okay. So, so you saw that on the 24th and the 27th? BROCCHINI: Yes, I did. GERAGOS: This was in the boat? BROCCHINI: It was in the boat. (Defendant's Exhibit V 3 marked for identification) GERAGOS: Okay. Now, this one, which we marked as V 1, is there something on it? BROCCHINI: Yes. GERAGOS: What is that? BROCCHINI: That is a, a lure or a popper or a crank bait. It's some type of a artificial lure for freshwater. GERAGOS: Okay. And, do you know what, are you familiar with what kind of a rod this is? BROCCHINI: No, I mean I saw, I can look at the brand, but, no. GERAGOS: No? Okay. Now, this also was in that boat on the 24th, and also on the 27th, this item which I have right here. I'd like to mark this as defense next in order. JUDGE: That's W, then. Want to describe it for the record, Mr. Geragos? GERAGOS: Yeah. It's, JUDGE: You want the bag? GERAGOS: Bag and its contents. Yeah, I think I probably should. And the bag has got an item number of 151 on it and the contents are tackle box. JUDGE: Okay. GERAGOS: And I'll mark that as next in order. JUDGE: Bag and contents will be W. Yeah, W. GERAGOS: W. (Defendant's Exhibit W marked for identification) GERAGOS: Is this the item that you on direct testimony told the jury and Mr. Distaso that you opened up to take a look at? BROCCHINI: Yes. GERAGOS: Okay. Put the bag down here. Does it look to be the same? BROCCHINI: The night when I saw it, this handle was not in it. It was on the top of it. Other than that, it's the same. GERAGOS: Okay. This handle that looks like something that, you would, BROCCHINI: It goes to that one fishing pole. It was just sitting on the top of the box. GERAGOS: Is there, I think I could do this. Can I just publish this to the jury, let them pass it around? JUDGE: Sure. Do you have any objection if it goes in evidence? DISTASO: I don't have any objection. JUDGE: All right. In evidence is the tackle box, People's, I mean Defense W may be admitted into evidence, with the same letter. (Defendant's Exhibit W received in evidence and published to the jury) JUDGE: Going to mark that as an exhibit? GERAGOS: Yeah. I think so. JUDGE: That will be W, X. Group exhibit. GERAGOS: I think what would probably be better is if I just put these all in on one page. DISTASO: I don't know. The problem is they were found in different places, and each bag has who found them. He didn't find them. So I don't have any objection to them coming in, but he's not going to know where they were found. JUDGE: Okay. I don't know what the relevance would be unless we know where they were found. You can at least mark them now, if you want. GERAGOS: Let me mark them. JUDGE: You want to mark them separately since Mr. Distaso says they come from separate places? ne 9 GERAGOS: I'm going to. I'll put this one, JUDGE: Describe it for me. GERAGOS: This is the two-day sport fishing license. JUDGE: Two-day sport fishing license. That's X. Does it have a date on it, Mr. Geragos? GERAGOS: Looks like October 14, 1999. JUDGE: Okay. GERAGOS: Also has on the outside an adhesive sticker. Looks like Big 5 on it. JUDGE: Okay. GERAGOS: And then the others are a series of 1999/2000 resident hunting license. JUDGE: Okay. Wait a minute. 1999/2000 resident hunting license. GERAGOS: Right. A 1999 application for duplicate residence hunting license. JUDGE: Okay. Application. Want those marked separately? Or as a group exhibit? GERAGOS: Group exhibit. Because they were all found in this. JUDGE: Okay. So the envelope and its contents will be group Exhibit Y. GERAGOS: And a 1994 California sport fishing license with a separately, looks like it's falling off, a little purple California Resident Pacific Ocean only sport fishing license coupon. JUDGE: Okay. (Defendant's Exhibits X and Y marked for identification) GERAGOS: Now, the, you were present when the search warrant was executed at Scott Peterson's, you refer to it as his shop; is that correct? BROCCHINI: Yes. GERAGOS: And that was on the 27th? BROCCHINI: Yes. GERAGOS: Okay. And you were also present on that same day at Covena during the service of the search warrant; is that correct? BROCCHINI: I, it's correct, I was at both of them. I didn't stay there for the whole thing, but, yeah, I went to both places during the service of the search warrant. GERAGOS: Now, you found, in addition to the one, you didn't find this 99 one; is that correct? That I marked as X? BROCCHINI: I didn't find it. GERAGOS: Okay. But when you were at the house, you found yet another two-day license or, Detective Ruskamp did; isn't that correct? BROCCHINI: That's right. GERAGOS: And what dates were those two-day licenses for? BROCCHINI: That was a two, can I refer to my report? GERAGOS: Sure. And I'm looking at, if it helps you, 31209 I think? BROCCHINI: 200 I think. GERAGOS: 200. Is that where it says two-day license? You've got a marking on there? BROCCHINI: That's right. It was for August 30th and August 31st of 2002. GERAGOS: Okay. Do we have that item number here? And I'm looking in Detective Grogan's, BROCCHINI: It's item 42. GERAGOS: Do we have that? Okay. I'll bring that up and mark that later, if I can. JUDGE: Okay. GERAGOS: There was another two-day license that was found at the search warrant that covered, so that we're clear. We've got one two-day license here that I've marked as X, which is from 1999, correct? BROCCHINI: Yes. JUDGE: Can I interrupt, Mr. Geragos? Where was that found? Was it found at the warehouse or at the house? GERAGOS: Do you know where this was found, the 99? BROCCHINI: I know where it was found. GERAGOS: Where was it found? BROCCHINI: It was found in Scott's truck during the service of the search warrant on 12/27. In his glovebox. GERAGOS: In his glovebox. This item right here that I've got up on the screen, right? Okay. This one was found in the truck; is that correct? BROCCHINI: Yes. GERAGOS: And that was a two-day license from, looks like 10/14/99; is that right? BROCCHINI: It was issued on 10/14/99 and it was valid to be 10/16/99 and 10/17/99. GERAGOS: Okay. So, just so we can go through this so the jury understands and I understand, when you purchase this, and it appears at least, you didn't put the Big 5 sticker on here? That was on it when it was found, right? BROCCHINI: Yes. I didn't put that on there. GERAGOS: You didn't put that on there. You didn't see any police officers put that on there. When this was recovered, it was in that kind of a plastic sleeve, right? BROCCHINI: Yes. GERAGOS: Okay. And so it appears that what you do is as far as what you're testifying to the jury is when it's issued you go in and you buy it and whoever the clerk is he writes on there the date issued right? BROCCHINI: I don't know who writes on there, but I know, I've bought them before, and when you buy it, it's dated for the date issued. GERAGOS: Okay. Then you've got the, where you pay the fee, and then I suppose the license number, correct? BROCCHINI: Yes. GERAGOS: And then you put your name in, right? BROCCHINI: That's right. GERAGOS: The person who is purchasing the license? BROCCHINI: Somebody writes it in there. GERAGOS: Right. And then dates valid, two days. So you write the specific days you're going to use it for, correct? BROCCHINI: Two consecutive days, yes. GERAGOS: Then you're supposed to carry those licenses on you for those two days that you're going to use it on; is that correct? BROCCHINI: That's correct. GERAGOS: Is it your understanding you can use these only on consecutive days? BROCCHINI: That's correct. GERAGOS: Two-day fishing licenses? BROCCHINI: Yes. GERAGOS: Do you have an understanding also that two-day fishing licenses are cheaper than buying an annual license? If you know? BROCCHINI: I know buying a two-day license is cheaper, but it's more expensive if you by a two-day license for this week and a two-day license for another week, and a two-day license. It's cheaper to buy a license for the year than a bunch of two-day licenses for the same year. GERAGOS: Okay. What if you buy two two-day licenses for the same year? What's cheaper, that or a one-year license? BROCCHINI: I don't know how much a two-day license was in 99, or is now, but I think they're close to comparable, but I don't know. GERAGOS: You don't know? BROCCHINI: I don't know. GERAGOS: This other item that I marked as Y, do you know what that is? BROCCHINI: I know what is it. GERAGOS: What is it? BROCCHINI: It's another, it's, it was found in the truck, glovebox, at the same time as that other fishing license you just showed me. GERAGOS: Okay. BROCCHINI: But it wasn't found by me, but I know about it. GERAGOS: You know about it, you were there? BROCCHINI: I wasn't there, when it was found, but, GERAGOS: It was shown to you afterwards? BROCCHINI: It was shown to me sometime after, yeah. GERAGOS: This item here, do you know what that is? BROCCHINI: That is a California Resident Pacific Ocean only sport fishing license. GERAGOS: For what year? BROCCHINI: 1994. GERAGOS: Okay. The place where I put the license, or the stamp, I guess, is that where it belongs on this license? BROCCHINI: Yes. GERAGOS: Okay. So that we can identify this, the, this was something that was in a, once again, this kind of a plastic sleeve? BROCCHINI: I don't know if it was in the sleeve or not. When it was found. I found it in the envelope. GERAGOS: You found it in the evidence envelope? BROCCHINI: Yeah, when I saw it it was already in the evidence envelope. GERAGOS: Okay. BROCCHINI: With that sleeve. GERAGOS: And this sleeve is something that somebody, when they're going fishing, would put their items in and clip it either to their coat or pocket or something so they would have their license with them? BROCCHINI: That would be my experience. GERAGOS: Okay. Now, this fishing license is for sport fishing, and it's in what year? BROCCHINI: 1994. GERAGOS: Okay. And for what kind of water? BROCCHINI: Well, it's for all kinds of water, but it does have an ocean tag on it. GERAGOS: Okay. And this stamp that you put, or you affix on the, this license itself? BROCCHINI: I don't know if it, that's where that stamp came from, but it is a 1994 license, tag. GERAGOS: And then it's got a date on here and shows that it expires in December? BROCCHINI: Yes. GERAGOS: Okay. And it's issued, as far as you know, to Scott Peterson in Moro Bay, right? BROCCHINI: Yes. GERAGOS: Okay. And the other two that were in that same sleeve are, and all of these, your Honor, are marked under Y? The other two things were a 1999 application for duplicate resident hunting license, correct? BROCCHINI: Yes. GERAGOS: And then a 1999/2000 resident hunting license, correct? BROCCHINI: Yes. GERAGOS: And that was issued to Scott Peterson for the years 99 to 2000? BROCCHINI: Yes. GERAGOS: Has a stamp affixed to the, to the back? BROCCHINI: Yes. GERAGOS: And those were found during the execution of the search warrant apparently on the 27th, based upon the markings on the outside of the envelope; is that correct? BROCCHINI: Yes. GERAGOS: Ask you if you recognize this, it's got a pin here, but looks like you could get tetanus if it hits you. What is that item that I'm showing you? BROCCHINI: This was, can I pull it out? GERAGOS: Sure. JUDGE: Are you going to mark that, Mr. Geragos? GERAGOS: Yes, I am. As soon as he Identifies it. I just want to lay a foundation. JUDGE: All right. BROCCHINI: This is the two-day fishing license that, I was present when it was recovered from a, like a backpack in the back shed at Scott's house on the 27th. GERAGOS: And that was the one that we talked about before that Detective Ruskamp found? BROCCHINI: Right. GERAGOS: And this two-day fishing license I would like to mark as defendant's next in order. JUDGE: Z. It was from a backpack. Where was it? BROCCHINI: It was in the shed at the 523 Covena. JUDGE: In the back shed? BROCCHINI: In the back shed. In a backpack. I'm sorry, it was in, in a duffel bag type pack, your Honor. JUDGE: Duffel bag. (Defendant's Exhibit Z marked for identification) GERAGOS: Do you know what color duffel bag? BROCCHINI: Green. GERAGOS: This is what we just identified; is that correct? BROCCHINI: That's it. GERAGOS: Okay. This is a 2000 and 2, two-day sport fishing license, same thing that we went through before, that it was issued on August 30th, somebody goes in, obviously you buy it on one day and then you fill in the two days and then you fill in your name, correct? BROCCHINI: Yes, that's right. GERAGOS: And, to the best of your memory, is that it was also found in one of these plastic sleeves like I have in my hand right now? This same plastic sleeve? BROCCHINI: Yes. GERAGOS: And this is contained inside of the evidence envelope, what looks to be a safety pin that was kind of rusty, correct? BROCCHINI: Yes. GERAGOS: Now, this was also found on the 27th. Can you tell me what this is? BROCCHINI: That's, that's rope. GERAGOS: Okay. Approximately how long a rope? BROCCHINI: I, when I saw it the first time I estimated fifty to a hundred feet. But I didn't unroll it. I just saw it in a big ball. GERAGOS: And this rope has on one end what looks to be, nobody did anything with this rope in terms of tying a knot onto it after it was recovered in the search warrant that you're aware of, did they? BROCCHINI: No. GERAGOS: Okay. So this rope was found in the same condition that it was when it was seized, as far as you know, and in that bag, presumably, and then checked into evidence; is that correct? BROCCHINI: Yeah. It looks the same -- GERAGOS: Okay. BROCCHINI: condition that, I saw it twice and it looks the same. Or three times, now. GERAGOS: Okay. And do you know where this was recovered from? BROCCHINI: Yes. GERAGOS: Where? BROCCHINI: It was recovered from the green duffel bag in the boat on the 27th. GERAGOS: I'm going to mark that as double A. I'm going to put bag and its contents. I've got a shopping bag. JUDGE: Bag and contents. Did you recover that, Detective? BROCCHINI: I was, your Honor, I saw that rope on the 24th in the back of his truck in a toolbox, but I did not recover it when I saw it. JUDGE: And then you were present when it was recovered on the 27th? BROCCHINI: Then on the 27th I was present in the shop when they found it. JUDGE: Okay. (Defendant's Exhibit A A marked for identification) GERAGOS: Now, the, going back to your interview with Mr. Peterson, you, the two of you then talked about the fax again, the same fax that we showed to the jury yesterday from New Jersey, correct? BROCCHINI: Yes. GERAGOS: And he said he was late getting home, he told you that, and asked you if there was anybody else in the warehouse there, correct? You asked him that? BROCCHINI: Can I check to see if he said he was late getting home first? GERAGOS: Sure. BROCCHINI: What page were you on. GERAGOS: Page twelve of 29, and it looks like the fifth entry by someone speaking. BROCCHINI: Yes, he said he was late getting home. GERAGOS: Okay. And then you specifically asked him if there was anybody else in the warehouse area, right? BROCCHINI: I, I asked him that. GERAGOS: Okay. You were trying to or attempting to look for witnesses who would have seen him over there; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And he told you: Not this afternoon but there was a couple of people there this morning. I don't think there was anyone there this afternoon; right? BROCCHINI: Yes. GERAGOS: And that's when you went, we discussed this on an earlier reference in the interview, that you went over and interviewed somebody, do you remember the name it was? A Ron, BROCCHINI: Prater. GERAGOS: Prater. And Ron Prater told you that either on the 23rd or 24th he saw Scott Peterson there about 8:30 or 9:00 o'clock in the morning, correct? BROCCHINI: No. He said he didn't know what day it was, but he saw Scott Peterson's truck there and he told me how it was parked. GERAGOS: Yeah, he told you which two, it was one of two days. Which two days? BROCCHINI: The 23rd or the 24th. GERAGOS: Right. And it was at what time? BROCCHINI: It was in the morning. GERAGOS: Do you have your report? You want to double-check? BROCCHINI: Yeah. Can I? GERAGOS: I've got it as your 12/28 report. I can even show it to you, if you want, right here. It's yellow highlighted. BROCCHINI: Yeah. He said that it was the 23rd or the 24th, GERAGOS: I have to ask you if you've read it. Does that refresh your recollection? BROCCHINI: It refreshes my recollection. GERAGOS: Okay. What did Prater tell you about the 23rd or the 24th? BROCCHINI: That when he got to the shop, between 8:30 and 9:00, that Scott was already there. Or the truck was already there. GERAGOS: The truck was already there? BROCCHINI: Yeah. GERAGOS: He told you he, he, specifically what you wrote was Prater said he arrived about 8:30 or 9:00 and found Scott was already there. Is that what he told you? BROCCHINI: No. I mean he said Scott, I guess he assumed it. GERAGOS: Well, he said he identified the owner as Duane (phonetic), could not be positive what day he actually saw Scott, however was sure it was either Monday or Tuesday; isn't that what he told you? BROCCHINI: That's what he told me. GERAGOS: Okay. He told you he actually saw Scott? BROCCHINI: No, he didn't say that. GERAGOS: You just wrote that down for, to be imprecise? BROCCHINI: No, I don't, I don't, what I remember is he saw the truck. GERAGOS: Well, BROCCHINI: He said he and Scott didn't even really make eye contact with each other. He didn't know him that well. But he saw the Scott, or the truck and knew who he was. I wasn't trying to be inaccurate in there. GERAGOS: Okay. But what your words are, specifically are, is that he actually saw Scott, however, he was not sure, you wrote: However, Prater was sure it was either Monday or Tuesday, correct? BROCCHINI: Let me, just give me one second. GERAGOS: That's fine. It's the 12/28/02 report, and it's page ten of 13. And, unfortunately, I, I think it's 989 with the handwritten on the top? BROCCHINI: I'm looking at something else right here. Okay. Can I just look at this for one minute? GERAGOS: Sure. Are you looking at the same page that I just referenced? BROCCHINI: I am. Okay. GERAGOS: Okay. Have you had adequate time to review the report? BROCCHINI: I have. GERAGOS: Okay. I'm going to ask you one more time. Prater said he knows Scott, or told you he knows Scott by face, correct? BROCCHINI: Yes. GERAGOS: Okay. Prater, you wrote: Prater identified Scott because he actually saw him. Is that correct? BROCCHINI: No. That isn't what I wrote. GERAGOS: Could not be positive what day he actually saw Scott, however, Prater was sure it was either Monday or Tuesday, correct? BROCCHINI: That's what I wrote. GERAGOS: Is that what you wrote? BROCCHINI: Yeah. GERAGOS: Okay. And Prater said he arrived at 8:30 or 9:00 and found Scott was already there, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, the Monday or Tuesday that he's referring to are either the 23rd of December or the 24th of December, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, back to the page twelve again of the interview. Do you have that in front of you still? BROCCHINI: I do. GERAGOS: Okay. Now, you talked about the fax again, correct? BROCCHINI: Yes. GERAGOS: He told you, so you asked him: So that fax came in as a three hour time difference, and Scott replied Yeah, I think New Jersey is three hours? BROCCHINI: Yes. GERAGOS: Okay. And so then you asked him: So then you drive, did you try to call her anymore? And he said: Just ah, called once from the marina, both phones, and then ah later on, when was that second call. And you said: No the second call wasn't from you, it was from her dad or somebody; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Then he said: That must have been Ron. And that's the second to last entry there? See that on the bottom of the page? BROCCHINI: Yeah, he said some other things first, but then he got down there, it must be Ron. GERAGOS: Right. You two were discussing who the second call was from. You identified it as, there was only one for you, and he said it must have been from Ron; correct? BROCCHINI: Yes. GERAGOS: And then on the next page he said that there was one, One was when I left Berkeley and the other one was ah when I was driving in Livermore, the traffic was pretty line 21 bad and I knew I wouldn't be home by 4 so I gave her a call; is that correct? BROCCHINI: That's what he said. GERAGOS: Okay. And the phone call that you listened to, and we'll play it in a minute, on Scott's phone, when he retrieved it, did, in fact, say Honey, I'm leaving Berkeley, I'm going to be late, or something to that effect, correct? BROCCHINI: Yes. GERAGOS: So then you asked him what does he do when he drives home. I'm on page 13. And you asked him: You backed in? And he says Yep. And you said: Do you always do that? He said: Yeah I've had that box broken into a couple of times. Well, not broken into, but I failed to lock it a few times and got the umbrellas, and I always back in. So that's what he said to you, right? BROCCHINI: That's what he said. GERAGOS: Okay. Now, when we're talking about the box, 17 what did you think he was referring to? BROCCHINI: The green box in the back of his truck. GERAGOS: Okay. And when you say broken into, or backing it in, that would be so that if you drove straight into the driveway, and you were on the street, you would be able to see that green box from the street; is that correct? BROCCHINI: Yes. GERAGOS: And if you backed the truck in, you would not, it would not be as noticeable or noticeable at all; isn't that correct? From the street? BROCCHINI: Yeah. You probably could see it, but it wouldn't be as visible. GERAGOS: Okay. Now, then you started asking him about the umbrellas, correct? BROCCHINI: Yes. GERAGOS: Actually, he brought it up first. He said: I failed to lock it a few times and got the umbrellas, and I always back in; right? BROCCHINI: Yes. GERAGOS: You ask him: Uhm, those umbrellas, were they in your car before too? And he told you that he: Put them in this morning, and my intent was to leave them at the warehouse; is that correct? BROCCHINI: Yes. GERAGOS: And You took them to Berkeley with you? And he said I forgot to take them out; is that correct? BROCCHINI: Yes. GERAGOS: And he told you he put the umbrellas in there that morning? BROCCHINI: That's what he said. GERAGOS: Okay. And you asked him: Because you were going to store them at the warehouse? And he says: Yeah, I didn't. And you said: What did you just forget? And he said Yes, right? Or um hum. Um hum? BROCCHINI: Yes. He didn't just say yes, but, did he? GERAGOS: He said Um hum, yeah but I didn't. Um hum. Ah, I even saw them in there when I locked the door; correct? BROCCHINI: Yeah. Yes. GERAGOS: Okay. And then, then you started to question him again about what he did when he got back home, right? BROCCHINI: I asked him, yeah, I asked him how he got in. GERAGOS: Okay. And he said he went in what he called the back door; is that right? BROCCHINI: Yes. GERAGOS: And that would be where the French doors were; is that right? BROCCHINI: Yes. GERAGOS: Okay. Now, I've got one of these. JUDGE: Mr. Geragos, we'll have those mounted on boards next week. We've got some boards coming so you don't have to pin them up there every time. GERAGOS: You've got some boards coming that we can put them on? JUDGE: Yeah. GERAGOS: I was going to just get poster boards to affix them on, unless you've got something else. JUDGE: We've got some boards coming. GERAGOS: Okay. GERAGOS: So he started describing how he backed the truck in here; is that correct? Where I'm pointing to? And this is a People's 12. BROCCHINI: Yes. Where he backed in. GERAGOS: I'll stand here so I don't get in the jurors' way. So he backed in. Then you asked him where he came in, and he said he went in the back door where the French doors are. That would be here, correct? Marked "French doors." Is that your memory of where, when you went there, where the French doors were? BROCCHINI: Yes. GERAGOS: Okay. And as he's describing it to you, this is what he's describing, right? BROCCHINI: Yes. GERAGOS: Okay. And he said he saw the dog, right? BROCCHINI: Yes. GERAGOS: In the backyard? BROCCHINI: Yes. GERAGOS: Okay. He still had the leash on and he took it off; is that correct? BROCCHINI: Yes. GERAGOS: And said that he had put it on the picnic table; is that correct? BROCCHINI: Yes. GERAGOS: We don't have that in this, can you mark where the picnic table was when you saw it on the 24th? JUDGE: Use this pen. Doesn't take up as much space. Do you want him to draw it in? GERAGOS: Yes. If you could, that would be great. JUDGE: Do you think you can draw in the picnic table? BROCCHINI: I can try. I'll just make it square. JUDGE: Yeah, okay. Just draw a line out from it and write "picnic table." GERAGOS: Now, did you ever recover the leash? BROCCHINI: I, GERAGOS: You personally? BROCCHINI: No. I saw it, but I didn't recover it. GERAGOS: Okay. Where did you find the leash? BROCCHINI: It was, I think, GERAGOS: Who showed it to you? BROCCHINI: Well...I don't recall if it was one of the first responding officers, or if it was Mr. Peterson. GERAGOS: Okay. And then we went through, we've already gone through, I think, the next portion of this where he told you about putting the mop out, correct? And you wrote in where the mops were, right? BROCCHINI: I wrote where, where we found them. GERAGOS: Right. And he told you how he had taken the mops out after the cat and the dog had come in, correct? BROCCHINI: Yes. GERAGOS: And he told you it looked like the cat was going over towards the mop, so he took it out and he dumped out the water, right? BROCCHINI: Well, you're pushing your pointer where he wasn't, where the mop wasn't. I want to make it clear. GERAGOS: Well, the mop bucket, is that where you wrote in right here? BROCCHINI: That's where I, that's where he, that's where I saw them when I got there. He told me where the mop bucket was before he dumped it out, and it's nowhere where you're pointing that pointer at. GERAGOS: Show me where it was. BROCCHINI: It was right here. GERAGOS: That was before he dumped it out? BROCCHINI: That's what he told me. GERAGOS: Right. So he takes it from inside, if you want, did he point that out to you when you guys were walking around? BROCCHINI: He told me where it was. GERAGOS: He told you, BROCCHINI: There's little pigeon holes, a little wall right here. GERAGOS: And he called that, there's a little light white piece, wood piece? BROCCHINI: Wood piece built in. He said it was right there. GERAGOS: Okay. You want to mark that where -- JUDGE: Why don't you draw an X, draw a line, put "mop one," or "mops one" if that's where, GERAGOS: So he told you he took it out, dumped out the water, and then where you found it is where he left it, right? BROCCHINI: Yeah. He says he took it out this way. And just so we're clear, he walked it through the kitchen, through this little living, where it says "living room," out this side door, dumped the water, and put the mops there. GERAGOS: Okay. Now, the, he told you he did that because, you said: So you just picked it up and walked it out the front door, and he said No that little side door. That's the one you just pointed to, right? BROCCHINI: Yes. GERAGOS: And that was right outside and you set it out there, and he said he dumped it and then set it there, right? BROCCHINI: Can you say that again? Because you, GERAGOS: I'm on the bottom of page 14. BROCCHINI: Okay. GERAGOS: He said, you said: And you set it out there? BROCCHINI: Right. GERAGOS: And I assume you were referring to -- BROCCHINI: Out that side door. GERAGOS: out the side door? BROCCHINI: Right. GERAGOS: And he said: Dumped it, then set it there; right? BROCCHINI: That's, that's right. GERAGOS: Okay. Then what'd you do, is what you asked? BROCCHINI: Right. GERAGOS: He said I put my clothes in the washer, took out those rags and threw my clothes in there. Do you have a picture of those? Is that correct? Is that what he told you? BROCCHINI: That's what he told me. GERAGOS: Okay. Now, 37 CC, is that what you understood to be taking the rags out of the washer and putting them on top is what he was referring to? BROCCHINI: That's, yeah, that's what I saw on the 24th, and so that's what I think he was referring to. GERAGOS: Okay. Now, those rags at the time the, I guess you took a look at them, right? BROCCHINI: Well, I didn't, yeah, I looked at them, I looked at them. GERAGOS: You looked at them. And you, your immediate, what piqued your suspicion was that they looked to have, and I know the picture doesn't, it looks better, I guess, when you see it close up, so I apologize to the jury, but the, it looked like there was dirt or grime on them and some grass, or something like that; is that correct? BROCCHINI: Yeah. They were dirty, grassy. GERAGOS: Okay. And that kind of piqued your curiosity; is that a fair statement? BROCCHINI: That's why I asked about them. GERAGOS: Okay. Is it okay, Judge, since I don't have a clear one, if I pass this around to the jury? JUDGE: Yeah. Has that been admitted into evidence? GERAGOS: Yes. Has it been admitted? I believe it has. JUDGE: What number is it, just for the record. GERAGOS: 37 double C. JUDGE: Okay. (People's Exhibit 37 CC published to the jury) GERAGOS: Now, you later came to talk to Margarita Nava, right? BROCCHINI: Yes. GERAGOS: And she told you that she used those to clean the outside windows on the Peterson residence and to clean the inside of the fireplace screen, correct? BROCCHINI: Yes. JUDGE: Excuse me, it has not been admitted, but it is now. GERAGOS: Thanks, Judge. JUDGE: You want the rest of them in evidence, too, if you're going to show them to the jury? The foundation was laid by Letsinger and Evers. DISTASO: Yeah, that's fine. GERAGOS: That's fine, Judge. JUDGE: So 37 A through double D will be admitted into evidence. (People's Exhibits 37 A through 37 DD received in evidence) GERAGOS: So that the picture that the jury is looking at right now, Margarita Nava gave you an explanation for why they appeared to be so grimy or dirty that you didn't know at the time, correct? BROCCHINI: Yes, she did. GERAGOS: Okay. And that fireplace screen that she's referring to, do you know where that is? BROCCHINI: There was, GERAGOS: Is that in the living room? BROCCHINI: There's a fireplace in the living room. GERAGOS: Isn't that right there where I'm pointing to? BROCCHINI: There was also a fireplace in the dining room. GERAGOS: Okay. Do you want to mark those two? They're on the diagram, but they aren't marked. JUDGE: Why don't you mark F P for fireplace. F P. BROCCHINI: I put Fireplace 1 in the dining room, or F P, I'm sorry. 2 will be in the living room. JUDGE: Okay. GERAGOS: Okay. Now, the, you then asked him about, or you said specifically: You put your jeans, your blue T-shirt, anything else in there? And Scott said: I think that green pullover was in there too wasn't it? BROCCHINI: That's what he said. GERAGOS: Okay. And you said: Yeah I think so. Did you, did you start the washer? Yeah. Did you put in soap? Um hum. Which somebody put in as the affirmative. I assume on the tape you could see him shaking his head yes? BROCCHINI: Yes. GERAGOS: You, BROCCHINI: I don't, Mr. Geragos, no, I don't know. I think it's, they put affirmative if it means uh-huh. I mean it could have been shaking their head because the lady that dictates this doesn't see the tape. GERAGOS: Okay. Now, then, BROCCHINI: Or transcribes it. GERAGOS: Then at the end of the page: Did you call her mom? Right? BROCCHINI: Yes. GERAGOS: And that's, he told you on the top of page 16: After I got out of the shower, put clothes on, that's when I checked the messages. And you asked him: Were there any? And he said: Yeah. You said: Yours? And he said: Mine, and there were three. Two from him and one from Ron, correct? BROCCHINI: That's what he said. GERAGOS: Okay. Her stepfather, asking for whipped cream when we came over that's when I said hey, where's he calling me for whipped cream? BROCCHINI: Yes. GERAGOS: Okay. You asked him: Did you erase them? And he said No; correct? BROCCHINI: Yes. GERAGOS: Okay. And: The one from Ron, do you know if that's, it says here, the transcriptionist, you say: The one from ah, Ron, do you know if that was before yours or after yours? BROCCHINI: That's right. GERAGOS: And he says: I believe it was after? BROCCHINI: That's what he said. GERAGOS: And that was true, wasn't it? When you listened to it? BROCCHINI: I don't, I don't recall. GERAGOS: Okay. Now, he told you that they were supposed to be there at dinner at 6 or 6:30, correct? BROCCHINI: Yes. GERAGOS: And he told you, gave you kind of a description of Sharon and Ron's relationship, right? BROCCHINI: Yes. GERAGOS: And then he told you, I mean they went back and forth, and you said when he called, and I'm on page 17: What did, who all, did you call other people then? Is that correct? BROCCHINI: Yes. GERAGOS: And he told you: I called Sharon, ah then I called a couple of Laci's ah closer friends, I think Stacey and Renee. Ah and then I was, I had the phone book out to call hospitals when I think Sharon called me back at the point and said that they would do that and call the police and for me to go check the neighbors and go to the park; correct? BROCCHINI: That's what he said. GERAGOS: Okay. Then you've got at some point later on, actually, I take that back. Before this interview you had, I think, described to the jury how you had retrieved the dialed calls and received calls; is that right? BROCCHINI: Yes. GERAGOS: Okay. And then you, he allowed you to do that. I mean you asked him and he said: That's fine, do it? BROCCHINI: Yes. GERAGOS: And you made a list, and I'm referring to your report, looks like it's a 12/25 report also, right? BROCCHINI: Yes. GERAGOS: And, sure enough, he had called, looked like the dialed calls were Guy Miligi, his brother Joe, Karen Servas, Greg Reed, Rene Tomlinson, Jeff Tomlinson, Brian Ullrich; is that correct? BROCCHINI: Yes. GERAGOS: And he had received calls from a number of those people, including Greg Reed, Stacey Boyers, Zach Zwald, Sharon Rocha, correct? BROCCHINI: Yes. GERAGOS: So you were able to document that what he told you was accurate; is that correct? BROCCHINI: Yes. GERAGOS: Okay. BROCCHINI: Told me about the phone calls. GERAGOS: The phone calls, yes. BROCCHINI: Okay. GERAGOS: Now, then you asked him if he went to the park; is that correct? BROCCHINI: Yes. GERAGOS: You then asked him, and he told you: After I checked the neighbors, came back home, called Sharon one more time and she said we're going to the park and we have the police going there also, so I went on down; right? BROCCHINI: Yes. GERAGOS: Okay. And he told you that the first neighbor he checked with was directly across the street, right? BROCCHINI: Yes. GERAGOS: And: Her name's Amy and it's her son that I was talking to about a white truck. That's what he told you, right? BROCCHINI: Yes. GERAGOS: And so he's the one who said that it was Amie across the street is who he had gone to check with? BROCCHINI: Yes. GERAGOS: Amie Krigbaum is who you later learned that to be? BROCCHINI: Yes. JUDGE: Mr. Geragos, let me interrupt. Let's take the morning recess, then I can deal with this other stuff. All right, ladies and gentlemen of the jury, we'll take the morning recess. I worked out this thing for the 4th of July, and I'll tell you about that before lunch. I know a lot of you have vacation plans. We'll let you know. And have you got that picture yet? Okay. We'll take a recess until 25 minutes to 11:00. (Recess taken) JUDGE: Okay. Let the record show the defendant is present with counsel. The jury is in the jury box, along with the alternates. Go ahead, Mr. Geragos. GERAGOS: Thank you your Honor. GERAGOS: Detective, the next thing you talked about, I'm on page 18. You said that Amy had mentioned the Christmas light thing to me. Is that what he said? BROCCHINI: Yes. GERAGOS: And you asked him to tell you about that again, correct? BROCCHINI: Yes. GERAGOS: And he said, Ah, she said that our outside Christmas lights, icicle single ones, went on just before I got home. I didn't notice they were on. I got home. But then she mentioned it. I looked across the street. They were on. They got plugged into an outlet. I didn't plug them in today. Then when we returned from the park couple hours later they were off. So I don't know. They appeared to be still plugged in. They must have over heated or something. Is that pretty much what he described as that incident with the Christmas lights? BROCCHINI: That's what he said. GERAGOS: Now, at some point, somebody we have heard from, Amy Krigbaum, that you talked to Amy at some point? BROCCHINI: Yes. GERAGOS: Told you also, or confirmed that same statement that she had noticed these Christmas lights had been on before Scott got home. DISTASO: Objection. Hearsay. GERAGOS: Prior consistent statement. DISTASO: She's already testified. JUDGE: Overruled. DISTASO: Her testimony hasn't been attacked. Has to be attacked in order to be a prior statement. JUDGE: I'll permit it. Overruled. BROCCHINI: She said that she noticed the Christmas lights were on. She can't say positively whether the truck was there or not. She thinks it wasn't there, but she wasn't sure. GERAGOS: Okay. Do you, you reviewed her testimony in the trial? BROCCHINI: No. GERAGOS: Okay. Now, then he told you he checked with her. Went to the left, no one was there. What did you interpret that to mean? BROCCHINI: That he left. He went to the left of his house or, no, just he went to a house on the left of Amy's, I think. GERAGOS: And there is a house to the left of Amy's, correct? BROCCHINI: Yes. GERAGOS: Left a note at Karen's and, checked to the right of 6 Amy's and, correct? Is that what he said? BROCCHINI: Yes, that's what he said. GERAGOS: Okay. And then you asked him, these Christmas lights, well, you got to plug them in yourself, you said. And he answered, yeah, there is an outlet outside in the garage, or in the storage area, shed area. Maybe you noticed that area. You know what he was referring to? BROCCHINI: Yes. GERAGOS: What was that? BROCCHINI: The storage shed when he kept his lawnmower. I asked him where the lawnmowers are? And he said, yeah, or something similar to that. GERAGOS: Okay. Is this, it's marked as 1-M and 1 Double BROCCHINI: Is that what you thought he was referring to? BROCCHINI: These are two different sheds. 1-M is the shed under the patio where the Christmas lights get plugged in. 1-AA is the shed on the south side of the house where the boat tarp was found under the leaking gas blower. GERAGOS: Let's take them one at a time of the. The first one, which is 1-M, JUDGE: Is this out of People's 3? GERAGOS: It's 1-M. I think Exhibit 1, which then has a bunch of subparts. GERAGOS: Now, that area is on where on this map, which is People's 12? BROCCHINI: It's right here where it says "shed". It's inside there. GERAGOS: Okay. That's 1-M. I'm just going to put a 1-M in here, okay? BROCCHINI: Okay. GERAGOS: Now, the other one, and so he directed your attention to the fact that this shed is where the Christmas lights was plugged in, correct? Isn't that what he was telling you there? BROCCHINI: He told me they were below the storage shed. I kind of clarified with him. I said you mean where your lawnmower and stuff was? And he said yes. GERAGOS: 1 Double A, where is that on the map? BROCCHINI: Right there. GERAGOS: Now, and as we just marked it here, this is right outside of the dining room doors right around the corner, correct? BROCCHINI: Yes. GERAGOS: This little side area, kind of adjacent to the back of the fireplace when you are outside? BROCCHINI: Yes. GERAGOS: And that would also be right next to Karen Servas's house? BROCCHINI: Yes. But next to her fence that divides the two houses. GERAGOS: Right. Now, at that point, you talked about the, let's see. You said, So in there there's a plug, and just plug it in and those lights come on? That would be the picture that juror number nine is looking at right now, the 1-M picture, not this one, correct? BROCCHINI: Yes. GERAGOS: This is not the occasion, but he was pointing out that the Christmas light was plugged in right here to where my finger is pointed? BROCCHINI: Yes. GERAGOS: And that's the picture that the jury currently is looking at? BROCCHINI: Okay. JUDGE: Mr. Geragos, let me, the group of, People's 1-B was identified. The rest of these, when you are identifying them now, do you have any objection if these are shown to the jury? DISTASO: I don't. I thought that the photographs we are looking at that right here was different. JUDGE: A People's 1 book of photographs. These already published, one of them. eDISTASO: I don't have any problem with being published. JUDGE: Okay. Well, the photographs that are in that book? How many photographs total are in that book? DISTASO: The problem is, your Honor, can we just take a time-out here? Because that photograph was not from the book of number one photographs. JUDGE: I'm getting a little confused about that. Where is that from? DISTASO: I think it was from the 69, the one that I used yesterday. JUDGE: Those are all in evidence. DISTASO: Those are all in evidence at the present time. Let me see. This was marked as 69-K. And then I guess it's, I think this, BROCCHINI: Probably a prelim. DISTASO: I'm not sure. It's the same photo as 69-K, just so we're clear on the record. JUDGE: All right. But it's also 1-M now. So 1-M then is admitted in evidence, take the same, GERAGOS: Same with 1 Double A. JUDGE: What's the other number? GERAGOS: The one that's up on screen is 1 Double A. The one that's being passed around, JUDGE: 1 Double A too. GERAGOS: Now, then, the next question is, so in there this is a plug, and just plug it in, those lights come on. And he answers, Uh-huh. And then you said, They were on when you were talking to Amy? And he said, Right. And you asked, A couple of hours later they were off? And he said, Yeah. Correct? BROCCHINI: Yes. GERAGOS: Then you asked, But they are still plugged in. And he says, Scott says, Yeah, well, I didn't go out and try the plug, so, Okay. But I don't see, Scott says, But I don't see why they would have been, but maybe it got, you know, hit by the cat or something or something like that. I don't know. I didn't check. Is that correct? BROCCHINI: No, yes and no. GERAGOS: Isn't that what he told you? BROCCHINI: I asked him a question. But they are still plugged in. GERAGOS: But they are still plugged in. He says, well, I didn't go out the try the plug? BROCCHINI: That's right. GERAGOS: Okay. And then he tells you that Karen's, you asked him, who did you leave the note with? That was the note he referred to a minute ago that he left a note with Karen, correct? BROCCHINI: Yes. GERAGOS: And he said, Karen Servas, if you are looking at our house, she's immediately to the left. So you understand that to mean is if you are standing in Covena, Karen Servas's house is over to the left, correct? BROCCHINI: Yes. GERAGOS: And she's the one that was telling you about the dog come running up to her with a leash, correct? BROCCHINI: Yes. GERAGOS: And you asked him, you left a note at her place, and he replies, Un-hun? BROCCHINI: Yes. GERAGOS: Now, you started asking him about the only unusual things were the, you said, Was there anything out of, unusual, out of normal in your house, right? BROCCHINI: Yes. GERAGOS: And he said the only unusual things were a leash and the door being unlocked. And then you asked him, The front door to the French doors? He says, Yeah. What I'm going to call the back door. So what were you referring to there is the French doors, or the door, the other side door? BROCCHINI: The French doors. GERAGOS: So when you guys are calling, what you call the French door, he says, What I'm going to call the back door. BROCCHINI: That's right. GERAGOS: Okay. Now, when you said, well, then you said, Well, I'm, we're in your room, we're talking about your closet. Looks like a couple of duffle bags down. Is that normal? He said, Yeah. Correct? BROCCHINI: Yes. GERAGOS: You said, Did you get something out of the duffle bag that was on the ground, a raincoat or something? And he says you out of the blue bag? Un-hun. And then you say, Uh-huh. He says Nike bag? I took my tennis shoes out of there. You said, The ones you wore. He said, No, the white ones that were on top, they were on top of the wet bar; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, the, you said that you, when you looked you didn't see the white tennis shoes; is that correct? BROCCHINI: That's what I said. GERAGOS: Okay. Going to show you 1-K. That appear to be the wet bar outside? BROCCHINI: That does. That's not the wet bar I looked at. GERAGOS: Okay. Appear to be white tennis shoes? BROCCHINI: I see a white tennis shoe. GERAGOS: I'm going to publish this, if I can, 1-K. And then I'm going to put this, JUDGE: Going to move that into evidence? GERAGOS: Yeah. JUDGE: 1-K moved into evidence, take the same number. GERAGOS: Appear to be the tip of the white tennis shoe? BROCCHINI: Yes. GERAGOS: Okay. You didn't look at that wet bar. So when you put down in your report that you didn't see the white tennis shoe, you were looking at the wrong location; is that correct? BROCCHINI: That's right. GERAGOS: Okay. Is that the first time that you noticed the white tennis shoe since you have been affiliated with this case? BROCCHINI: No. GERAGOS: Did you write a supplemental report noting that there is a white tennis shoe that was on the wet bar anywhere? BROCCHINI: No. GERAGOS: Now, the, then you talked about the gun. I think this is the fourth entry down on page 20. BROCCHINI: Yes. GERAGOS: How about the gun? How long has that been in your, how long has that been your car? That what you asked him? BROCCHINI: Yes. GERAGOS: And he says, Probably a month. Took it to Lone Pine to shoot pheasants. Took it with me. You answered, Is that your gun? He says, Un-hun. It's obviously seen better days. But you answered, Yeah, looks like it. Correct? BROCCHINI: Yes. GERAGOS: I don't think, I tried to shoot it once at Lone Pine but it didn't go off. So it's, ah, and then you asked him, I mean have you had it a long time, correct? BROCCHINI: Yes. GERAGOS: He says, Yeah, I think I got it, well, you know, it may be registered to me, or it may be registered to my father, actually. I gotten that before I was 18. I don't know. It's a Llama. He is a buyer on it. BROCCHINI: Correct. GERAGOS: Did you check that gun? Did you check the registration on it, or the buyer on it? BROCCHINI: Did I run a serial number on the gun? GERAGOS: Yeah. BROCCHINI: Yes, I did. GERAGOS: And what did you come up with? BROCCHINI: I think it was registered to his father. GERAGOS: Okay. Now, you then said it's been in your glove box about a month, correct? And Scott says, I think so. Probably have to check the date on when I went to Lone Pine. BROCCHINI: Yes. GERAGOS: You say Lone Pine? He says, Un-hun. Okay, so, then, it's out of Bishop, correct? BROCCHINI: Yes. GERAGOS: You say, Right. Well, you went up there pheasant hunting? Obviously you don't use that to shoot pheasants. He says, No, no. And you said, Have you fired it recently? My pistol? You say yeah. Correct? BROCCHINI: Yes. GERAGOS: Now, at that point when you are interviewing him, you have already taken the gun, correct? BROCCHINI: Yes. GERAGOS: And you have the gun on you, in your jacket? BROCCHINI: Yes. GERAGOS: You took that without his knowledge, correct? BROCCHINI: Yes. GERAGOS: And you didn't ask him about it, nor did you tell him about it, correct? BROCCHINI: Did I ask him if I could take it, or did I tell him that I did take it? No. GERAGOS: Right. You just took it. BROCCHINI: I took it. GERAGOS: Okay. BROCCHINI: I asked for permission to be in his truck. But, yes, I just took it without him knowing it. GERAGOS: You wrote a report later that said, I took the gun subject to the violation and Scott's consent; is that correct? BROCCHINI: That's correct. GERAGOS: You didn't have his consent when you took it, did you? BROCCHINI: Yes, I did. I had his consent to search his truck. GERAGOS: You had consent, JUDGE: You are both talking at once. GERAGOS: Objection. I was trying to object. Objection. It's non-responsive. DISTASO: It is not. JUDGE: No, it's not. I believe he testified he had permission to be in the truck. And then when he was searching the truck, he took the gun without your client's permission. I think that's his testimony? BROCCHINI: Without his knowledge. JUDGE: Without his knowledge, all right. You had permission to be in the truck. You didn't have permission to take the gun. GERAGOS: You didn't have permission to fake it, right? I mean specifically you never, you didn't have his consent, you didn't say, I'm going to take this. You didn't have a search warrant. You just took it, right? BROCCHINI: I legally took it. That's right. GERAGOS: What do you mean you legally took it? BROCCHINI: I had consent to be in the truck. GERAGOS: Consent to be in the truck doesn't give you consent to take the property. JUDGE: This is all argumentative. We want to know what he did. He had consent to go in the cab of the truck. He saw the weapon. He took it without the consent of your client. That's what happened. GERAGOS: Right. And there would be a motion to strike the, "I legally took it". DISTASO: Objection, your Honor. That's, I'm going. JUDGE: There is an issue whether it was legally taken or not. DISTASO: There is no issue of that. GERAGOS: Of course there is. JUDGE: I think there may be. I'm going to strike that "legally taken". GERAGOS: Thank you. GERAGOS: Now, you then asked him, I'm going on, the page, I'm on the top of page 21. You go to Lone Pine with anybody? Scott said, Yeah my father. You said, Your dad lives down in San Luis Obispo? He said, San Diego, right? BROCCHINI: Yes. GERAGOS: Do you know how many it was loaded with? Correct? BROCCHINI: Yes. GERAGOS: And he says, I don't. I think it holds eight. BROCCHINI: Yes. GERAGOS: You said, The towels that were in the washing machine, we were talking about those again, right? The same towels that I showed the jury earlier this morning? BROCCHINI: Yes. GERAGOS: And, You said you don't know how they were, if they were, what they were used on. Right? BROCCHINI: Yes. GERAGOS: And he told you, No, I assume, well, I mean I assume that Margarita used them Monday, but I don't know what surface, or anything like that. Correct? BROCCHINI: Yes. GERAGOS: That's, as we discussed already, that's subsequent to that, within a couple of times you talked to Margarita, she told on the fireplace screen and outside windows and windowsills, correct? BROCCHINI: Yes. GERAGOS: You asked him, How often does she come over? He said, It seems something like once every two weeks. Correct? And then he said, This is her third time for us? BROCCHINI: Yes. GERAGOS: Do you think she was there Monday? That's what you asked him? BROCCHINI: Yes. GERAGOS: And he says, Yeah, I know she was. Correct? BROCCHINI: Yes. GERAGOS: You said, Have you guys, you guys haven't had any problems, marriage problems. And he says, No. BROCCHINI: Yes. GERAGOS: You say, Everything is good? And he says, un-hun and then somebody puts in "affirmative", right? BROCCHINI: Yes. GERAGOS: On the transcript at least. BROCCHINI: Yes. GERAGOS: Then you talk about how long he's been married. He tells you that, right? BROCCHINI: Yes. GERAGOS: Now, then the, there was a discussion of, Has Laci, you asked him, on the bottom ever page 21, Has Laci ever complained to you about somebody bothering her, is that correct? BROCCHINI: Yes. GERAGOS: You say, Naw. I mean like I said, I don't think they'd come up to her and accosted her in any way. She has times said she felt uncomfortable and thankful she has the dog. We've called, you know, the police a couple of times about people down there, just to get them to move on. You know. It's not uncommon for Laci or myself to, you know, wake one of these guys or ladies up and tell them to get lost. Is that correct? BROCCHINI: That's what he said. GERAGOS: Then you said, The dog, is it a, I mean she's glad to have the dog, but the dog is, I got two dogs. He says it's very protective of her. Is that correct? BROCCHINI: That's what he said. GERAGOS: Okay. Now, that next, or that following morning, if I got it correct, towards the end of the interview it's getting close to one in the morning at this point, right? BROCCHINI: Yes. GERAGOS: The interview starts at midnight and goes roughly to a couple minutes after 1:00 o'clock in the morning. BROCCHINI: Yes. GERAGOS: You go down at some point to the park East La Loma Park on the 25th? BROCCHINI: Yes. GERAGOS: The park area. You do a briefing at some point at that park; is that correct? BROCCHINI: Yes. GERAGOS: Okay. You know who was present in the briefing? BROCCHINI: I think I was briefed by Sergeant Beffa. I'm not sure. Had a couple briefings. Not sure which one you are talking about. GERAGOS: There was one that you had a briefing with a, you know a Doug Mansfield from the DOJ? BROCCHINI: I do. But he wasn't in the park. GERAGOS: Where did you brief him? BROCCHINI: I don't think I briefed him. I may have been there and saw him. But I think he was briefed by Buehler and Grogan. GERAGOS: Okay. You got, you received information that somebody by the name of Victoria Pouches was walking on 12-24, and saw a large yellowish dog running loose in the park north of the Covena deadend with, a dog with a collar and a leash attached, but no one attempting to control the animal; is that correct? BROCCHINI: I received that information? GERAGOS: Didn't somebody tell you that information on the 25th? BROCCHINI: Can I see what you are looking at? GERAGOS: Sure. BROCCHINI: I don't recall somebody said this to me or not. GERAGOS: You what? BROCCHINI: I don't recall. GERAGOS: Did you have information that on the 25th two witnesses had come forward and said that they saw Laci walking in the park. Did you have that information on the 25th? BROCCHINI: I have no information anybody came forward and said they saw Laci walk in the park. GERAGOS: So any briefing that Mansfield was present, in which it was discussed that two witnesses had seen Laci walking the day before, or any information that the dog was seen barking like crazy, you didn't have that information; is that a fair statement? BROCCHINI: It's a fair statement. I never had information that Laci was seen walk in the park. I remember hearing information about a dog being seen in the park with a leash on. I don't know when I heard that information. GERAGOS: Okay. Was that, would that have been a lot later than the 25th, Christmas Day? BROCCHINI: No, I wouldn't say it would be a lot later. But I just don't know. It's not something I followed up on, that I knew about, that I could testify with about. GERAGOS: Who would have followed up on a dog being seen in the park with a leash on with nobody around, that was barking like crazy? Who would have been assigned to that? BROCCHINI: That probably would have been one of the 40 or 50 officers that were working in the park. GERAGOS: Who was in charge of that, though? BROCCHINI: On the 25th? GERAGOS: Yes. BROCCHINI: Do you want to know? I mean I can't say for sure. There is so many people working, and so many things going on. GERAGOS: Who was the lead detective on the 25th? BROCCHINI: On the 25th? GERAGOS: Yeah. BROCCHINI: Craig Grogan. GERAGOS: Okay. Well, you wrote a report that you had interviewed or spoke to a Michael Thomas from 520 Covena; is that correct? BROCCHINI: Yes, I did. GERAGOS: And you also spoke to a Van Sant, do you remember that? BROCCHINI: Yes, I do. GERAGOS: And Van Sant told you, and it was a Chris Van Sant? BROCCHINI: Yes. GERAGOS: Possibly seen Laci walking her Golden Retriever in Dry Creek Park on about 9:40 on December 24th; is that correct? DISTASO: Objection. Hearsay. JUDGE: No, this goes to the reasonableness of whatever he did as a result of this information he received? GERAGOS: Yes. JUDGE: Okay. GERAGOS: Also goes to prior inconsistent statement. DISTASO: Well, JUDGE: I'm not sure about that. DISTASO: Then I would ask just for an instruction to the jury that this is not offered for the truth, only for the officer's conduct. JUDGE: This is just to explain the officer's conduct, what he did or did not do with this information. BROCCHINI: Do you want me to answer now? GERAGOS: Yes. You did interview Chris Van Sant? BROCCHINI: I did. GERAGOS: When did you interview Chris Van Sant? BROCCHINI: On the 25th at 9:40 in the morning. GERAGOS: What time? BROCCHINI: 9:40 in the morning. GERAGOS: That's what I was just asking you about, whether 8 you had gone down to the park Christmas morning, correct? We were just talking about. You said that the interview finished at one, that you had gone down to the park that morning, correct? BROCCHINI: Yes. GERAGOS: Okay. And you did interview someone in the park who said that they had possibly seen Laci walk her Golden Retriever in Dry Creek Park about 0940 hours on the 24th? BROCCHINI: No. GERAGOS: That's what your report says? BROCCHINI: My report says I received a phone call from Chris Van Sant, and I remember getting it. His phone number was given, Scott told me about Chris Van Sant. And Van Sant wanted to report that he seen a pregnant lady walking in the park on the 24th. I interviewed him. He said he didn't know if this was Laci. Just wanted to let me know he saw a pregnant lady walking in the park. GERAGOS: At 9:40 on December 24th with a golden retriever; is that correct? BROCCHINI: No. At 9:40 in the morning I spoke to Chris Van Sant. GERAGOS: Look, on the 25th, do you have Bates number stamped 976 written on the, BROCCHINI: I have that report here. GERAGOS: That is your report 976, in handwriting? BROCCHINI: That's my report. GERAGOS: Will you read this to yourself right here? BROCCHINI: Okay. I read it. GERAGOS: Okay. Now, is, now, does that refresh your recollection as what Chris Van Sant said? BROCCHINI: No, he didn't. GERAGOS: Read what it says. JUDGE: Wait a minute, Mr. Geragos. Let him finish his answer. Finish your answer, and then explain what you are trying to say. BROCCHINI: Thank you. I received information on December 24th at 9:40 from Scott Peterson that a guy named Chris Van Sant had told somebody in his family that maybe he saw Laci walking in the park. I got a call on Christmas day. I finally got hold of Chris Van Sant. I interviewed him. He said he wanted to report that he saw a pregnant woman. He told me what bridge she was walking over. He told me what path she was on. Being in the park, he said, I didn't see her face. I don't know if it was Laci. But I saw it. So for that, we sent a search team over there. We sent search dogs over there. We did everything we could to verify what he said. GERAGOS: Can I have court reporter read the very first sentence of that answer? JUDGE: Sure. (RECORD READ BY THE REPORTER) GERAGOS: That's all. GERAGOS: On December 24th at 9:40 when you received that information? BROCCHINI: That's correct. GERAGOS: December 24th at 9:40? BROCCHINI: Oh, I don't know. Maybe, let me look here. GERAGOS: December 24th at 9:40. It's your position that Scott Peterson was still at his home, and this thing hadn't been reported? BROCCHINI: You are right. GERAGOS: Let me just ask the question. JUDGE: Ask the question. Go ahead. GERAGOS: You wrote down in your report, I received information that a subject identified as Chris Van Sant has possibly seen Laci Peterson walking her golden retriever in Dry Creek Park about 9:40 showers on December 24th? BROCCHINI: That's correct. GERAGOS: Okay. That's what you received, right? BROCCHINI: That's what I received. GERAGOS: Okay. You didn't receive that on December 24th at 9:40, correct? BROCCHINI: No. GERAGOS: You didn't get that on Christmas day at 9:40, correct? BROCCHINI: I got it on Christmas morning. GERAGOS: Right. BROCCHINI: I spoke to him on Christmas day. GERAGOS: Chris Van Sant told you it was 9:40 on December 24th, correct? BROCCHINI: That's correct. GERAGOS: Now, the, did you go out and interview Chris Van Sant in person? BROCCHINI: No. GERAGOS: So you got this information the following day. That this guy says that could be Laci that he saw walking in the park, correct? BROCCHINI: Yes. GERAGOS: And your response was to call him, correct? BROCCHINI: Yes. GERAGOS: Did he say that he knew Laci? BROCCHINI: No, he didn't know Laci. GERAGOS: Didn't know Laci. Did you fax him a picture of Laci? BROCCHINI: I didn't fax him a picture of Laci. GERAGOS: You interviewed, did you fax him a picture of MacKenzie? BROCCHINI: No, I didn't fax him a picture of MacKenzie. GERAGOS: Did you ever take him over a picture of MacKenzie? BROCCHINI: No. GERAGOS: Did you ever take him over a picture of Laci? BROCCHINI: He said he didn't see her face. GERAGOS: What about the dog? He saw the dog, didn't he? BROCCHINI: He saw, GERAGOS: Pregnant female walking a Golden Retriever. Did you ask him specifically what the Golden Retriever looked like? BROCCHINI: No. GERAGOS: Did you ask to show him a picture of MacKenzie, MacKenzie is a pretty distinctive looking dog, isn't he? BROCCHINI: Yes. Looks like a Golden Retriever. GERAGOS: Got some colorings on him that are pretty distinctive, doesn't he? BROCCHINI: Yes. GERAGOS: And, in fact, you remarked about how he looked an, looked like an old boy in your interview with Scott Peterson; isn't that correct? BROCCHINI: Yes. GERAGOS: Wouldn't it have been the prudent thing to do when you got 40 or 50 officers out there looking in the park to have actually driven to the guy's house and shown him a picture of Laci, shown him a picture of MacKenzie and say, Hey, is that the dog? So you can eliminate that lead? BROCCHINI: No. GERAGOS: No? Okay. Now? BROCCHINI: The prudent thing would be to go to the park and look and search. GERAGOS: There is objection. Nonresponsive to the question. JUDGE: We have to finish your answer. The answer is no. You can cross examine him on it. BROCCHINI: Prudent thing to do is, as soon as we got the information, we went there, we did a search of that area, a thorough search. We contacted people, well, weren't that people filling the space in the curb. We searched the bushes. We went to the area he said. He said he couldn't ID her. He said he couldn't tell us if it was Laci or not. He saw a pregnant lady walking with a Golden Retriever. So going to where he was and showing him a picture would not, that would not have been prudent at the time. GERAGOS: Wouldn't it have been prudent to take him down in the park exactly where he saw, you didn't take him down to the park, did you? BROCCHINI: He lived in Monterey. He was at home. I didn't ask him to come back to the park because he was distinct. Where he told me there is only a bridge. GERAGOS: Did you ask him, I'm sorry, were you finished? BROCCHINI: There is only, there is a bridge where he said she was. He was riding his bike by her. It wasn't like he was walking on. He advised he was on the bike path. He passed a pregnant woman that had just finished walking over the second bridge. He was very familiar with the park, so I didn't need to take him to the park and have him show me. GERAGOS: You didn't need to, did you need to, did you need to, you didn't need to show him a picture. You just assumed you knew where he was, talking about over the phone. And then you just deployed 40 or 50 officers to search the, search based upon this. Didn't think that it might be prudent to have somebody come up from Monterey to show you exactly where they saw her. DISTASO: Argumentative. GERAGOS: That's a fair statement. DISTASO: Objection. JUDGE: I think it's been asked and answered. GERAGOS: Now, did you know that there was a Victoria Pouches, you said you are not sure if you know if she had seen a dog barking like crazy with a leash on it. DISTASO: Objection. Been asked and answered. JUDGE: I think it's leading to some other subjects. Overruled. GERAGOS: Right. GERAGOS: Did you see if there was a possibility that the two of these things were connected, and maybe want to establish where exactly in the park this was? BROCCHINI: I think that I have established that. We did a thorough grid search with officers, GERAGOS: Nonresponsive. JUDGE: I think he's trying to answer the question. GERAGOS: He was talking about a grid search. I was not, I'm trying to ask him if he tried to establish where it was these two people were. JUDGE: I think he is trying to answer that. GERAGOS: He's talking about searching. I'm trying to find out if he tried to establish where these people saw her. JUDGE: Did you establish were the people saw her? BROCCHINI: I did establish were Mr. Van Sant said he saw a pregnant woman walking. I don't know whether the person he's talking about, I never spoke to her. But we did a thorough search of the whole trail, everywhere on the trail, off the trail. GERAGOS: Now, you then asked him, back on page 22, you said, Scott said, I mean, if I'm in the yard, a guy comes up to me, the dog is fine, you say, un, but it's been in the past when someone approaches her in our yard, at least, that he's very protective of her. Is that what he told you? BROCCHINI: Yes. GERAGOS: That's when you say, He looks like he's been around the block, been around a while. Scott says, Yeah, he's an old boy. Right? BROCCHINI: Yes. GERAGOS: And then you talk about, you asked if he's yours. And Scott says, Yeah. She got hers by marriage. You say he says, yeah, like a month after meeting each other, right? BROCCHINI: Yes. GERAGOS: And you understood the dog's name to be, on page 23, to be MacKenzie, correct? BROCCHINI: I asked him what the dog's name was, he told me MacKenzie. GERAGOS: Okay. And then you went through the phone numbers with him as to what the various phone numbers on his cell phone, who they applied to, correct? BROCCHINI: Yes. GERAGOS: Now, he identified various people, like Guy Miligi, correct? BROCCHINI: Yes. GERAGOS: Told you one that he thought was his parents, correct? BROCCHINI: Yes. GERAGOS: Said he tried to call his brother over in San Diego, right? BROCCHINI: Yes. GERAGOS: Top of page 24, he tells you, Greg Reed. You say Greg Reed, right? BROCCHINI: Yes. GERAGOS: And he says, That's a friend of ours. Right? BROCCHINI: Yes. GERAGOS: And he says Greg Reed owns the house. You look at our house to the right, that's his grandmother's house. That would be the one that's vacant, right? BROCCHINI: Yes. GERAGOS: So he pointed out the Reed home right to the right was vacant. But Greg Reed was a friend. And then he says, Yeah, Greg Reed owns the house. Look at the house to the right, that's his grandmother's house. He owns that. He came over and opened it up for the officers. He lives a bit away from us. Right? BROCCHINI: Yes. GERAGOS: That's what, in fact, happened as far as you know, Greg Reed, that he did call Greg Reed, that Greg Reed came over and opened up that house for the officers, correct? BROCCHINI: I don't know that I know Greg Reed came over. I don't know if Scott called him, or if one of our officers went and knocked on his door. GERAGOS: Well, you know that Scott called him, because you saw the number from the previous page when you were asking him about the 480? BROCCHINI: I know I called him. I don't want if Scott called him to come over and open the door. That's what I said. GERAGOS: Scott, what we do know is Scott called him, right? BROCCHINI: Can I look at my report again? JUDGE: Check your report. GERAGOS: What page are you looking at, officer? BROCCHINI: I'm looking at Bates stamp 968. Looks like Scott called Greg Reed, Greg Reed called Scott. GERAGOS: Greg Reed came over. Greg Reed opened the house? BROCCHINI: I know Greg Reed came over and opened the house. He came over. GERAGOS: Do you have any information that any officer called Greg Reed? BROCCHINI: I don't know who called Greg Reed to come over and open the house. I'm sorry. GERAGOS: Scott told you that he did, didn't he? BROCCHINI: No, he didn't. GERAGOS: He said he says there is Greg Reed, he shows the phone number. He owns the house. That's his grandmother's house. Came over and opened it for the officers; is that correct? BROCCHINI: That's what he said. GERAGOS: He told you he identified Rene Tomlinson's number, right? BROCCHINI: Yes. GERAGOS: Okay. And then Brian, is it Miligi? BROCCHINI: Brian. That Brian is somebody else. Ulrich, or Argain. I'm not sure which one you are talking about. GERAGOS: On page 25, you started asking him again about the fact, you say, I'm curious, Maggie was there, Maggie and Marguerite. She was there on Monday. He says un-hun. And obviously she did a lot of work, because the house wasn't filthy. Why was your wife mopping on Tuesday morning? He says, I don't know. Got me. I mean she was pretty fastidious about it, though. You said, was she? He said, With the dog and the cats, and her, you know, doing the Christmas deal, that was pretty common. And you said, Was that going to be at your house? He says tomorrow or today, rather, yes. And, yeah, she always had the vacuum or mop out. Is that correct? BROCCHINI: That's what he said. GERAGOS: Okay. Then you asked him, you haven't fired any guns today, correct? BROCCHINI: Yes. GERAGOS: And he says, No. It's been a month since the trip to Lone Pine. Right? BROCCHINI: Yes. GERAGOS: And you then said, would you be willing to, well you showered already, you said, right? He said, Un-hun. You said, When you were at Lone Pine, you said you tried to fire that handgun once, right? BROCCHINI: Yes. GERAGOS: He told you that when you asked what happens, just click, it just clicked. And he ejected the rounds. The second one clicked, right? BROCCHINI: Yes. Said that's, he said, that's what he said. GERAGOS: Then you asked him, Would you be willing to take a gunshot residue on your hands. Right? That's top of page 26. BROCCHINI: Yes. GERAGOS: He says, Sure, no problem. Will outboard exhaust show up as gunshot residue, or would it be different? You said, What exhaust? He says, Yeah, from the outboard. You are referring, assume he is referring to the outboard motor on his boat, right? BROCCHINI: Yes. GERAGOS: And you said, Well you showered after, you said, so I'm not thinking this is your routine. But, no, it wouldn't. You were referring to the outboard exhaust would not show up as gunshot residue, correct? BROCCHINI: Yes. GERAGOS: And then you start in the video spelling his name. Correct? P-e-t-e-r-s-o-n. That's what it says in the transcript. BROCCHINI: Yes. GERAGOS: That's because you are writing down on something, and I assume that's an evidence envelope, his name, correct? BROCCHINI: Yes. GERAGOS: And then you say Scott. And then there is some long pause. And you are putting on what appears to be gloves hike this, correct? BROCCHINI: Yes. GERAGOS: Okay. Why are you doing that? JUDGE: Do you want to describe what "like this"? GERAGOS: Latex gloves, yellowish in color; is that correct? BROCCHINI: They come in the pack for the gunshot residue. When you open it up there is a pair of gloves there. You put them on so that you don't contaminate the little sticky pad that you are using to take, do the test. GERAGOS: Okay. And you spent a, you broke open the package for this gunshot residue test. There is some little containers in there; is that correct? BROCCHINI: Yes. GERAGOS: And look almost like vials. BROCCHINI: Yes. GERAGOS: And what you do is, you take, for each hand, you do one container, correct? BROCCHINI: No. There is two for each hand. GERAGOS: Okay. Well, you take that, and you take the top of it that has the little sponge like area, and you have the person hold their hand out, and you dab around the various areas of the hand; is that correct? BROCCHINI: Yes. GERAGOS: And you do that because the theory is, if a gun has been fired, that the gunshot residue is going to be remain on the hand for a period of time, correct? BROCCHINI: Yes. GERAGOS: And you did that for both of his hands; is that correct? BROCCHINI: Yes. GERAGOS: And when you were done, and you did that after putting on the gloves, right? BROCCHINI: Yes. GERAGOS: And you were very careful to make sure that you didn't get any, or contaminate that; isn't that correct? BROCCHINI: I did the best I could, I think, at the time. GERAGOS: And you then take those little containers that are dabbed, and you put them in a vial of some kind, correct? BROCCHINI: Yes. GERAGOS: And then you seal them up to be tested. BROCCHINI: You seal them up, put them in evidence. GERAGOS: And you did that in this case? BROCCHINI: I did. GERAGOS: And where did you, what did you do with them after you put them, you sealed them up? You book them into evidence? BROCCHINI: Yes. GERAGOS: Okay. The next thing you did is, you said there was a lot of time on the tape where you are actually doing that, correct? BROCCHINI: Yes. GERAGOS: I think you even put in there "long pause", or somebody wrote on the transcript "long pause". You said, So what you are telling me, Scott, is there no, you have no idea where Laci is; is that correct? BROCCHINI: Yes. GERAGOS: And you he says, No, none. BROCCHINI: Right. GERAGOS: You say, Okay. I only have a couple of concerns. One is the phone call that you made. But if you listen to it, that call is made at 12:17. See if we can play that. GERAGOS: What do I have to do, camera off. GERAGOS: While he's getting that cued up, somebody did some investigation and went, and went, and to confirm whether or not Scott was in Lone Pine the month before; is that correct? BROCCHINI: Yes. GERAGOS: And do you know what these doc, these two documents are that I'm showing you? BROCCHINI: I recognize them. GERAGOS: And what are they, for the record, let me mark them as, Defendant's Double A? JUDGE: No double B. GERAGOS: Double B. These receipts from Lone Pine. GERAGOS: I'm going to staple these two pages. JUDGE: All right. GERAGOS: Now, the first, am I going to screw it up? First thing that I showed you was a Best Western receipt; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And this shows that in November it's a room, for, looks like two nights, Amex card; is that right? BROCCHINI: Yes. GERAGOS: And this was for a Best Western in Lone Pine, California; is that correct? BROCCHINI: Yes. GERAGOS: And then the second page of this document, I assume somebody obtained from Best Western? BROCCHINI: Yes. GERAGOS: Looks to be like a charge card used by Lee Peterson from San Diego Crating to pay for this stay; is that correct? BROCCHINI: Yes. GERAGOS: Judge, I would stipulate I pulled these out of the main book that Marylin could make a copy. The copy could be replaced for this, so we can replace the, HARRIS: We need to have them back in our binders. JUDGE: You are agreeable to that? HARRIS: Yes. JUDGE: All right. GERAGOS: Okay. JUDGE: Substitute a copy. (TAPED PLAYED) GERAGOS: Now, what happened there was, you had earlier in this interview somewhere around, I think, was page 12 or 13 somewhere in there, you had listened to that tape, right? BROCCHINI: Yes. GERAGOS: And then I'd asked you, I believe yesterday, about that Touch 9. Do you remember that? BROCCHINI: Yes. GERAGOS: And that's how to save a phone message, so that you were asking how to save it, correct? BROCCHINI: Yes. GERAGOS: So when you listened to the message and then said nine, whether, at least Scott was listened to save nine. And is it a fair statement when you go back and look at this tape on that. We have got there is a time stamp up on this; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And roughly at 12:17 of this tape, the one that we're looking up there, even though on this tape, if I have got it right on this tape, you had testified to the jury it was an hour off, correct? BROCCHINI: Right. GERAGOS: So if we go back and look at the tape at approximately 1:16 and several seconds, that's really, in actuality, 12:16, correct? BROCCHINI: Yes. GERAGOS: And what happens is, is when the phone message is saved, it's being saved as 12:17, correct? BROCCHINI: Yes. GERAGOS: And when you listened to it, and you heard the 12:17, you had a concern, correct? BROCCHINI: Yes. GERAGOS: And your concern was that Scott had told you that he made that call at 2:17, roughly some time after two, after he had left the marina, correct? BROCCHINI: Yes. GERAGOS: So you thought, ah-hah, I got something here. I have got a concern. He says 2:17, I'm listening to it. He's time stamped 12:17, correct? BROCCHINI: Everything is correct other than the, "Ah-hah", I got something. GERAGOS: You had a suspicion? BROCCHINI: I don't think I, that I was just writing down the facts. GERAGOS: And he listened to it, and he explained to you this is the time, that it's saved, correct? BROCCHINI: That's what he said. GERAGOS: That wasn't by, you weren't trying to trick him there. You just didn't realize that where it says time saved, it was 12 a.m. as opposed to 12:17 p.m. on the 24th, or 2:17 on the 24th, correct? BROCCHINI: I didn't try to trick him. All other stuff after that, I don't know about. GERAGOS: Well, BROCCHINI: I mean it was a lots stuff, and I wasn't catching on to all of it. GERAGOS: The tape itself that you listened to, going to, may it, can you play that? Tell me if this is it. We'll play it, tell you me if this is it. (TAPED PLAYED) GERAGOS: Play the beginning of that one more time. (TAPED PLAYED) GERAGOS: I'll have Mr. Naljian readjust that. He's on the, I'll have him reduce it to CD I'd like to mark that CD now, if I could, as next in order. JUDGE: Okay. CC. CD Marked as Exhibit CC for identification. GERAGOS: Now, that's the message you listened to; is that correct? BROCCHINI: Yes, it is. GERAGOS: And the first thing he says, I'm leaving Berkeley; is that correct? BROCCHINI: No. GERAGOS: What does he say? BROCCHINI: Hi, beautiful. GERAGOS: And then what? Do you have that written down verbatim? BROCCHINI: I do. GERAGOS: Okay. What page are you looking at? BROCCHINI: Let me get that. Bates stamp 0973. GERAGOS: And did you write this down while listening to it? BROCCHINI: Yes, I did. GERAGOS: Okay. Do you want to read it to the jury? BROCCHINI: Hi, beautiful. I just left you a message at home. 2:15. I'm leaving Berkeley. I won't be able to get to Vella Farms to get the basket for Poppa. I was hoping you would get this message and go on out there. I'll see you in a bit, sweety. I love you. Bye. GERAGOS: Now, that message was, so that I understand correctly, what was happening, we went over this once before, that was a message that was on the voicemail connected with the 402 number which is Laci's cell phone? BROCCHINI: Yes. GERAGOS: Okay. And that was retrieved by Scott. That's why he gave you have the code, correct? BROCCHINI: Yes. GERAGOS: Now, the, now, you had also indicated, this is top of page 28. You told him, you were talking to Scott about asking him these questions that suggested he might have something to do with it. And you said, But I do have to do it. And I mean understand, I'm glad you have a strong support system. Is that correct? BROCCHINI: Yes. GERAGOS: Is that what you said? BROCCHINI: That's what I said. GERAGOS: He said, Yeah. I'll give you my numbers and my cards, but there is not a lot more we can do right now other than to canvass. Correct? BROCCHINI: Yes. GERAGOS: Scott said, Oh, we can do a lot. And you said, Okay. Do you have any questions? Scott says no. I mean I have asked you a couple of times what to do, so I have the answers to that. So we're gonna go do it. Then you said, So, yeah, there is, you know, all we can do now is make people aware of the problem, the situation, hope that somebody saw something or knows something, correct? BROCCHINI: Yes. GERAGOS: Scott then says the only question I have, what about resources are available? You saw my mother-in-law tonight. Anyway, you saw some of my wife's friends, myself. And you said, What do you mean. He says, Counseling and that kind of thing. You said, Well, yeah. Is that correct? BROCCHINI: Yes. GERAGOS: Now, at that point, there was a couple of other exchanges. Basically the interview was terminated, right? BROCCHINI: Yes. GERAGOS: That would have been approximately what time? BROCCHINI: About 1:00 o'clock, or a little after one. GERAGOS: Okay. Now, the next thing he you did is take him where? BROCCHINI: To his home. GERAGOS: Took him to his home. Who was there? BROCCHINI: I think nobody. But I didn't go in with him. I just dropped him off outside. GERAGOS: Okay. Judge, going to take me just a minute. I'm switching gears from that to some other areas. JUDGE: Okay. GERAGOS: By the way, detective, during that videotape, at any point did you tell Scott that he was being videotaped? BROCCHINI: No. GERAGOS: And that's done for a reason, right? BROCCHINI: Sometimes I tell people, and sometimes I don't. GERAGOS: And before you videotaped him, did you tell him that you were going to audiotape him, or in any way do anything but take notes? BROCCHINI: No. GERAGOS: Now, there was a couple of things that had happened that evening. You got a call from Scott some time after you dropped him off, right? BROCCHINI: Yes. GERAGOS: And did, that call was at about, what, 2:30 in the morning? BROCCHINI: It was about two. GERAGOS: About two. It would have been about, what, half an hour after you dropped him off? BROCCHINI: 45 minutes or so. GERAGOS: Okay. And he asked you specifically if things had been taken; isn't that correct? BROCCHINI: He asked me if I took his gun. GERAGOS: Okay. Well, when did you actually take the gun, at what point? BROCCHINI: When I was searching his truck. GERAGOS: Well, was that before or after you went back to the truck? You said two times you went into the truck? BROCCHINI: No, I didn't. I searched the interior of the, I searched the back of the truck first. Then I searched the inside, took the gun. Then we walked away, and I walked back and got my keys out of the bed of the truck. I never went in the truck. GERAGOS: Now, so there were two instances. First you had left your keys somewhere in the truck, right? BROCCHINI: No. I left my keys on the hump on the driver's side of the truck. GERAGOS: That's somewhere in the truck, right? BROCCHINI: In the back of the truck. JUDGE: In the truck bed? BROCCHINI: In the truck bed, your Honor. GERAGOS: Then you left your notebook at the, in the boat; is that correct? BROCCHINI: Yes. GERAGOS: And you had been inside of the, or at least had your hands inside of the truck bed, correct? BROCCHINI: Yes. GERAGOS: You had your hands inside of Laci's car, correct? BROCCHINI: Yes. GERAGOS: You had your hands at least on the sides of the boat, and inside of the boat touching and opening this tackle box, correct? BROCCHINI: Yes. GERAGOS: And then apparently left your notebook in that, or on the boat as well; is that correct? BROCCHINI: Yes. GERAGOS: And do you have that notebook with you today? BROCCHINI: No. GERAGOS: Now, the, BROCCHINI: I think I had, I have it in my trunk, though. GERAGOS: In your car? BROCCHINI: Yeah. GERAGOS: Okay. Now, the, some time after that, you found out that Scott felt that you had attempted to trick him on the 24th; isn't that correct? BROCCHINI: Yes. GERAGOS: But he didn't, that he thought that you had left the car keys inside the truck, and that that was not by accident, correct? DISTASO: Objection. This isn't state of mind. GERAGOS: Goes to his mind. That's not relevant? JUDGE: I don't think so. I'm going to sustain the objection. GERAGOS: You thought that he had, as well, or he felt that you had not been true? DISTASO: Objection, your Honor. GERAGOS: Truthful to him about taking the, can I ask the question? Or do you want to just sustain it first? JUDGE: Go ahead. GERAGOS: Okay. JUDGE: Finish the question, then I'll rule on it. I haven't even heard it. GERAGOS: That's why I was going to ask it first. JUDGE: Sustained then. Save me the trouble. GERAGOS: First, did he ask you why you didn't tell him, or leave some note, or give him some information that you had taken the gun, the mop, the buckets? Did you also take the baby sonogram? BROCCHINI: No. DISTASO: Objection, your Honor. It's compound. It's not relevant to state of mind. JUDGE: Compound question. GERAGOS: I'll ask him specifically. GERAGOS: Did you have Lovell take the mop and the buckets? BROCCHINI: I directed an officer to tell Lovell to take the mop, the buckets, the rags, and take pictures in the house. GERAGOS: Okay. Did you have him, did they take the rags? BROCCHINI: Yes, they did. GERAGOS: Okay. And they had those, where did they ship those rags off to? What was your intention to have them do with the rags? BROCCHINI: Put them in evidence. GERAGOS: For what, to what end? BROCCHINI: Well, eventually to have them sent to either our lab crime people or sent to DOJ. I just wanted them in evidence. GERAGOS: Okay. And you, JUDGE: For the jury, DOJ is Department of Justice, if you haven't figured it out of by now. GERAGOS: And you had him take, you had Lovell take the mop and buckets, correct? BROCCHINI: Two mops and the bucket. GERAGOS: What was the purpose of taking the mop and the bucket? BROCCHINI: Didn't know if there was evidence on them or not. I didn't want to lose them. I asked him to take them and put them in evidence. GERAGOS: What about the gun, same thing? BROCCHINI: Yeah. Could have been evidence. I didn't want to lose it, you know. GERAGOS: Now, when you took those, was, did you, by the way, did you take the scrunched-up rug? BROCCHINI: No. GERAGOS: No? BROCCHINI: No. GERAGOS: Okay. And you didn't feel that that had anything to do with it? BROCCHINI: I was suspicious of a lot of things. I didn't take a lot of things. But I took what I thought was relevant that night. GERAGOS: Did you have, did you instruct Lovell to do anything else in the house that night? BROCCHINI: I told Officer Letsinger to tell Lovell to use an alternate light source in the house and look for, if he could, look for evidence. GERAGOS: Okay. What is an alternate light source? BROCCHINI: Well, if I told you I knew, I would be lying. I was repeating what somebody told me to tell him to do. GERAGOS: Who was the person who told you? BROCCHINI: Al Carter. GERAGOS: And Al Carter? BROCCHINI: I can guess what it is. But I have never done it, never seen it. My sergeant said have him use some type of an alternate light source in the house and look around. So I repeated that to Officer Letsinger to have Lovell do that. GERAGOS: Okay. And this alternate source, light source, as you understand it, to see if there was any evidence of blood in the house, correct? BROCCHINI: That's kind of the way I understood it. GERAGOS: Okay. You instructed Letsinger to have Lovell do this, correct? BROCCHINI: That's right. GERAGOS: Now, at some point, you wanted to investigate whether or not there was life insurance recently taken out; is that correct? BROCCHINI: Say that again. GERAGOS: Did you investigate the issue of life insurance, go talk to a Brian about whether Scott had life insurance? BROCCHINI: I did speak to a Brian about Scott's life insurance. GERAGOS: Who was that? BROCCHINI: Brian? GERAGOS: Yeah. BROCCHINI: I don't remember. I mean it's, there is two Brians. I can't remember which one is which. GERAGOS: I'm going to direct your attention to what I have got handwritten 1033, Bates stamped 1103. BROCCHINI: This one. GERAGOS: Keep going? BROCCHINI: Page 1103. GERAGOS: 1103, I have got the blue highlight there. What's 1 that? Read that silently to yourself. BROCCHINI: Okay. GERAGOS: Now, did you read it? BROCCHINI: Yes. GERAGOS: Okay. Now, on the 26th there was a search warrant that was executed; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And when you execute a search warrant, you file what's called a return on it, showing what it is that was seized, correct? BROCCHINI: Yeah. GERAGOS: You are familiar with that. You have executed search warrants, correct? BROCCHINI: That's correct. GERAGOS: Okay. And I have got a return on a search warrant for December 26th. And item number 29, what is that? BROCCHINI: I have never seen in before, Mr. Geragos. But I'll be happy to look at it. It's from Craig Grogan. And it's Principal Financial Group binder for life insurance policy dated 6-25 of 01. GERAGOS: The return on the search warrant, you were present during the search warrant, part of the search warrant at both locations, the residence and the warehouse, right? BROCCHINI: Yes. GERAGOS: And apparently a Prinicpal Financial Group binder for life insurance policies dated 6-25-01 was found; is that correct? BROCCHINI: Yes. GERAGOS: Now, some time on January 4th, you went to go talk to a Brian Ulrich; is that correct? BROCCHINI: I spoke to him on the phone, I think. GERAGOS: Okay. And you told him that you recently received a tip that Scott had recently taken out a life insurance policy on Laci; is that correct? BROCCHINI: A second life insurance policy. GERAGOS: And you tried to substantiate that, and you were checking into it; is that correct? BROCCHINI: Yes. GERAGOS: Now, there was, as you determined, only one life insurance policy, correct? BROCCHINI: No, I never determined that. GERAGOS: You never determined that? BROCCHINI: I didn't. And, GERAGOS: Somebody during the investigation determine that? BROCCHINI: I think so. GERAGOS: Okay. And, at some point, the family, meaning Laci's family, Sharon and Ron, were told that a $250,000 life insurance policy had recently been taken out; isn't that correct? BROCCHINI: I don't know. GERAGOS: Wasn't, there was an article in the Modesto Bee about January 17th; isn't that correct? BROCCHINI: I imagine there was an article in the Bee on January 17th. Probably a whole bunch of articles. GERAGOS: You wouldn't know, you would know about that. You remember specifically that article, don't you? BROCCHINI: I do. GERAGOS: And the reason you specifically remember that article is because you got up at 6:40 in the morning, and you called some of Scott's friends and told them to take a look at that article, right? BROCCHINI: I don't know if I got up at 6:40 in the morning. GERAGOS: Didn't you make the call, maybe you got up earlier. You got, made the call about twenty of seven in the morning. Who did you call? BROCCHINI: I called Mike Richardson. GERAGOS: Okay. Who is Mike Richardson? BROCCHINI: He's a friend of Scott's. GERAGOS: Okay. And would you say at that point you were trying to, discussing, or coming up with methods to try to get Scott to make some kind of a confession, or something? BROCCHINI: I was trying to do something. I wasn't trying to just do that, that's for sure. GERAGOS: You were trying to get him to turn on his friend, weren't you? BROCCHINI: Do you want me to tell you what I was trying to do? That wasn't it. GERAGOS: I want to ask you specifically. BROCCHINI: That wasn't it. GERAGOS: Did you call Mike Richardson at twenty of seven on the morning of the, that this Modesto Bee article came out? BROCCHINI: Yes. GERAGOS: Did you know at that point that the allegation in the Modesto Bee that Scott had recently took out a 250,000 life insurance policy on Laci Peterson, which was the first sentence of the article, did you know that that was false? BROCCHINI: No. GERAGOS: And you didn't know that the life insurance policy had been seized on 12-26, and that the life insurance policy had, actually was a retirement policy that had been taken out a year and half before? BROCCHINI: No. GERAGOS: So when you saw that article, by the way, did you talk to the reporter for this article from the Modesto Bee, Ty Phillips? BROCCHINI: Absolutely not. GERAGOS: You didn't give them the information? BROCCHINI: No. GERAGOS: So when you got up, you saw that article about the recent taking out of a life insurance policy, and the first person you called was who? Regarding Scott's friends, who did you call? BROCCHINI: I called Mike Richardson. GERAGOS: Okay. Did you also call at any point an Aaron Fritz? BROCCHINI: I have spoken to Aaron Fritz before. GERAGOS: Did you write in a report that you were attempting to plant the seeds of suspicion in Aaron's head? BROCCHINI: I was. GERAGOS: Okay. And that's what, you have testified to that as well. I was attempting to plant the seeds of suspicion in Aaron's head, correct? BROCCHINI: I was. GERAGOS: Who was Aaron Fritz? BROCCHINI: Good friend of Scott's. GERAGOS: Okay. BROCCHINI: Let me correct that. I'm sorry. Aaron Fritz was a good friend, and his wife were good friends of Laci that they met Scott through. GERAGOS: Did he consider him himself to be a friend of Scott, as far as you know? BROCCHINI: I did. GERAGOS: As you were trying to plant, as you say, the seeds of suspicion; is that correct? BROCCHINI: I was. GERAGOS: You were trying to get him to call Scott and question him about various things that you wanted answered; is that correct? BROCCHINI: That's correct. GERAGOS: Then you asked Fritz to call you back when he got the answers; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. And then did you also, what did you tell Mike Richardson when you called him? JUDGE: Can I interrupt you here? I want to tell them about 4th of July, take the recess. GERAGOS: Certainly. JUDGE: Before I excuse you this morning, I have been advised by Jenne that some of you had made inquiries about the 4th of July. You wanted some time off for the 4th of July holiday. You realize that Monday, 4th of July is on Sunday celebrated on Monday, because that's the way the county does it. I talked to the lawyers. The lawyers have agreed that next week we'll be, we're always dark on Thursday, on Friday. We'll be dark on Thursday. So we'll be in session next week Monday, Tuesday, and Wednesday. So that will give some of you that are planning trips, and so forth, time to make an arrangement, whatever it is, for the 4th of July, okay? So we'll be here 28th, 29th and 30th. We'll be down the first and second, and then 4th of July will be celebrated on the 5th, we'll start court again on the 6th. So that will give you time to make whatever reservations, time off that you are planning, okay? All right. We'll take the noon recess at this time. Remember the admonition. GERAGOS: I'll wait until the jury leaves. (RECESS) JUDGE: All right. This is People vs. Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. Mr. Geragos, go ahead. GERAGOS: Thank you, Judge. CROSS-EXAMINATION (Resumed) GERAGOS: Now, Detective, you had indicated before we broke that you were unaware of the return on the search warrant that was from the 26th and the 27th that showed the Principle Finance Group binder with life insurance policies dated 6/25/01; is that correct? BROCCHINI: I didn't say I was unaware of it. I just said I hadn't seen it. GERAGOS: What does that mean? Were you aware there was -- BROCCHINI: I knew, GERAGOS: life insurance policies? BROCCHINI: I knew there was a life insurance policy. GERAGOS: Were you aware that the policies, that the binder with the life insurance policies in them dated June 25, oh one, had been seized pursuant to the search warrant? BROCCHINI: Did I know when? GERAGOS: Did you know in January of oh three? BROCCHINI: I don't know. GERAGOS: You don't remember? BROCCHINI: I just, yeah, I don't know if I knew that or not. GERAGOS: Well, when do you, when's your first memory of knowing whether the police had the life insurance policy? BROCCHINI: My first memory of anything to do with life insurance was somebody, a detective went and interviewed his insurance man. I don't know if I ever knew a binder was recovered in the search warrant. GERAGOS: Okay. Until I showed it to you here today? BROCCHINI: I mean, yeah, I don't know. GERAGOS: Okay. You did, we did establish, however, that you called Brian Ullrich, correct? BROCCHINI: I called him about a second life insurance policy. GERAGOS: You called him, you said you recently received a tip that Scott had recently taken out life insurance policies on Laci, correct? BROCCHINI: Can I see that report? GERAGOS: Yes. It's Bates stamp 1103. It's a blue highlighted right there. BROCCHINI: Yeah. Within the last three months. That's what the tip was. I remember that. GERAGOS: Okay. And then you, and when did you actually call Brian Ullrich? BROCCHINI: I called him on 1/5 of 2003. GERAGOS: Okay. January 5; is that correct? BROCCHINI: That's right. GERAGOS: Okay. Now, the, specifically the article from the Modesto Bee that you phoned, who did you phone first about that article? BROCCHINI: I think I only phoned Mike Richardson. GERAGOS: Okay. Mike Richardson was known to you to be a close friend of Scott's, correct? BROCCHINI: Mike and Heather were close friends of Laci, that knew Scott through Laci. GERAGOS: They considered themselves to be friends of Scott; is that correct? BROCCHINI: Yes. GERAGOS: Now, this article here that I'm showing you, Relative of Laci's Suspicion, is that the article that you phoned and had Mike Richard, told Mike Richardson to either go get it or go online to get it? BROCCHINI: I don't see the date on here, but probably, yes. GERAGOS: Okay. And the very first sentence of this article is that Modesto police told Laci Peterson's family that her husband was having an affair and recently took out a 250,000 dollar life insurance policy on her, correct? BROCCHINI: That's what the article says. GERAGOS: And that's, that was what you phoned Mike Richardson to tell him to go read that; is that correct? BROCCHINI: I did. GERAGOS: Okay. And the, there was no recent life insurance policy; isn't that correct? BROCCHINI: Are you asking me what I know today? GERAGOS: That you know today. BROCCHINI: There was none. Well, it's a year or two old. GERAGOS: Right. It's the one that I just referred to that was the Principle Life Insurance policy that was taken out in June of oh one, correct? BROCCHINI: That's correct. GERAGOS: Okay. As far as you know, as you sit here today, that's the only policy that was ever taken out, and that was on both Scott and Laci, correct? BROCCHINI: Yes. GERAGOS: Okay. And the information that was in the Modesto Bee then was false as to the life insurance policy being recently taken out; is that correct? BROCCHINI: The information in the Bee was false, like a lot of times. GERAGOS: Okay. But that didn't stop you from telling Mike Richardson to go look at it, correct? BROCCHINI: No, I wanted him to look at it. GERAGOS: All right. Now, you also mentioned before we left that the, let's see. In that same article, is it correct that in that article that it said the support Peterson had received from his wife's side of the family shifted Wednesday night after police, police detectives told them about the affair and the life insurance policy? Do you remember that? BROCCHINI: After you read it I do. I remember reading it. GERAGOS: Okay. Now, do you know who the police detectives who did that were? BROCCHINI: That told, GERAGOS: The family about this recent life insurance policy? BROCCHINI: Yes. GERAGOS: Who was that? BROCCHINI: That was Detective Buehler and I told the Rochas, Detective Grogan and Owen told the Petersons. GERAGOS: Okay. And that was on what date? BROCCHINI: I don't recall. GERAGOS: Was it the day before the article came out, roughly? BROCCHINI: I don't know. GERAGOS: Did you, BROCCHINI: I don't know, um, GERAGOS: January 16th, does that ring a bell?e BROCCHINI: I don't think so. I think it was, GERAGOS: Do you have, can you refer to your reports? You have them categorized in the front, don't you? BROCCHINI: Yeah, but I don't think I have a report on that. I think another officer did that, and I think it was closer to the beginning of January, but I don't know. GERAGOS: You don't think it was January the 15th or 16th? BROCCHINI: I think it was closer to January, in the early, first week of January, but I can't, I don't know for sure. You show me a report, then I'll tell you. GERAGOS: Let me see if I can show you something with that. See this Buehler report for 1/16, 2003; does that refresh your recollection? BROCCHINI: May I hold it? GERAGOS: Sure. Would it help if I got the Bates stamp previous. The 69? BROCCHINI: No. The 15th. Yeah, I think it was the 15th. GERAGOS: January the 15th, correct? BROCCHINI: Yes. GERAGOS: And that was approximately, what, about five, 20 days after the search warrant return was filed, correct? BROCCHINI: When was it filed? GERAGOS: Well, when was, the search warrant was executed the 26th and the 27th? BROCCHINI: Yes. GERAGOS: Does that mean that the items were taken on the 26th and 27th of December? BROCCHINI: Yes. GERAGOS: So the Modesto PD, as of the 27th of December, had in their possession, either you or Grogan, had the life insurance policies, correct? BROCCHINI: The Modesto Police Department evidence room had it in their possession, I'm sure. It wasn't Grogan or I, but... GERAGOS: Okay. And the, it was January 15th, not the first week of January, when you had taken this information to the Rocha family, correct? Based on the report I just showed you? BROCCHINI: What, GERAGOS: The information about Amber Frey and the recently obtained insurance policy? BROCCHINI: No, I, I don't recall that. I remember we sat down with the Rochas to tell them about Amber Frey. That was going to be, we wanted that out before it came out in the Enquirer the next day. GERAGOS: And the insurance policy? You don't have a memory of telling them about that? BROCCHINI: I don't recall. GERAGOS: Did you, when you saw the article, and the lead was the husband having and affair and recently took 250, says family member says police reveal Scott Peterson's affair, 250,000 dollar insurance policy on missing wife. That's kind of the subheading of the article, correct? BROCCHINI: I see that. GERAGOS: Okay. Now, when you saw that, DISTASO: Your Honor, I object to this. I mean he can ask the detective about it, but publishing hearsay from the Bee is totally inappropriate. JUDGE: Yeah. GERAGOS: I was only going to show the one portion that I'm asking him about. DISTASO: He's already said it. I mean it's ine 14 not appropriate to, JUDGE: It's cumulative, right? Cumulative? DISTASO: That's right. JUDGE: Sustained. GERAGOS: Now, the, did you call the Bee to tell them that wasn't true, the 250,000 dollar insurance policy had not been recently taken out? BROCCHINI: If I called the Bee to tell them something was wrong in their articles, I would be spending my whole day every day calling about an article. GERAGOS: Is that, is that a no? BROCCHINI: That's a no. GERAGOS: Okay. But you did spend that morning or at some point that morning calling one of Scott Peterson's friends to tell him to go read the Modesto Bee online, correct? BROCCHINI: That is absolutely correct. GERAGOS: And you did not tell him that the insurance policy information was incorrect, did you? BROCCHINI: That is absolutely correct. GERAGOS: Okay. Now, the, on the 27th of January, you, how did you, by the way, how did you get a hold of or learn about Aaron Fritz? BROCCHINI: From Mike Richardson. GERAGOS: Okay. Mike Richardson, the one that we just talked about that you called? BROCCHINI: Yes. GERAGOS: He told you that Aaron Fritz was another friend of Scott's? BROCCHINI: Yes. GERAGOS: And then you called Aaron Fritz; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And is Aaron Fritz, how did you say Aaron Fritz knew Scott? BROCCHINI: How I said it was wrong. Aaron Fritz went to school, high school with Scott Peterson, was in Scott Peterson's wedding. GERAGOS: So what was wrong about what you said before? BROCCHINI: Well, I get, there's a lot of friends I talked to. Every friend I spoke to was a friend of Laci's that met Scott through them, except for Aaron Fritz. So when I said it the first time that Aaron was a friend of Laci's that knew Scott, I was wrong. It was actually Aaron was a friend of Scott's through high school. GERAGOS: From high school. Not Laci's first, he was Scott's friend? BROCCHINI: That's right. GERAGOS: So this morning when you testified, that was inaccurate? BROCCHINI: That's right. GERAGOS: All right. Now, the, when you got a hold of Aaron Fritz, you had a, you told him you didn't mind if he told Scott that you had called, correct? BROCCHINI: That's one of the things I told him. GERAGOS: Okay. And you told him that you were only trying to eliminate Scott as a suspect; is that correct? BROCCHINI: That's one of the things I told him. GERAGOS: And then in your report you put, on the very next page: I was attempting to plant seeds of suspicion in Aaron's head; is that correct? BROCCHINI: That's one of the things I did. GERAGOS: Okay. BROCCHINI: Tried to do. GERAGOS: Tried to do. And the, what other friends of Scott's did you talk to? BROCCHINI: I spoke to Guy Miligi, Brian Argain, Brian Ullrich, Aaron Fritz, GERAGOS: Pretty much the, I'm sorry, I was going to shorten it. You had a list of those numbers that we talked about this morning that were on the cell phone? Guy was on there, Greg was on there, correct? BROCCHINI: Yeah. GERAGOS: And you talked to all those people, correct? BROCCHINI: I tried to talk to anybody that knew Scott. GERAGOS: Okay. Now, the, at some point on January 7th, are you aware of who an agent Terry Scott of the Modesto office of the FBI is? BROCCHINI: Yes. GERAGOS: Okay. Did Terry Scott, did you review any information that Terry Scott provided regarding the insurance policy? BROCCHINI: No. GERAGOS: Did you know that there was a report prepared by Detective Grogan regarding the insurance policy that said if somebody's a missing person there's no payout for seven years? Did you know that? BROCCHINI: I didn't know about that report, but I knew about that fact. GERAGOS: Okay. BROCCHINI: From somebody else, I think. GERAGOS: Somebody else told you that if Laci went missing or Scott went missing, there would be no payout for seven years, according to the policy, correct? BROCCHINI: That's correct. GERAGOS: Okay. Did you tell that to the family when you told them about the policy? DISTASO: Objection, your Honor. Assumes facts not in evidence. Misstates the testimony as well. GERAGOS: Can't I ask him? JUDGE: Well – GERAGOS: I'll let, did you, did you, I I'll rephrase it. JUDGE: Okay. GERAGOS: You, did you learn that information that in a missing person situation there's no payout for seven years prior to January 15th? BROCCHINI: I think I knew that from just being a cop for 19 years. GERAGOS: Okay. Now, the, specifically did you, I was asking you, there's another situation that was, that you were working on that week following Laci's disappearance; is that correct? You were working on another case as well? BROCCHINI: Yes. GERAGOS: Okay. And that case involved a search warrant for some other homicide case, correct? BROCCHINI: Yes. GERAGOS: Okay. And did you go and see a judge by the, by the name of Judge, I think it's Began? BROCCHINI: Yes. GERAGOS: Okay. And who went with you to see Judge Began? BROCCHINI: I don't recall. GERAGOS: Now, when you, did you go to Judge Began's residence? BROCCHINI: Yes. GERAGOS: Okay. And do you remember talking to Judge Began about the Peterson investigation? BROCCHINI: Yes. GERAGOS: Who was Judge Began married to? BROCCHINI: Jerry Began. He's a chief, well, I don't know if he's a chief. He works in the DA's office as a chief DA or supervisor. GERAGOS: He supervises Mr. Distaso and Mr. Harris, doesn't he? BROCCHINI: No. DISTASO: Objection. Relevance. GERAGOS: He's a chief in the office that they're employed. JUDGE: I think it's irrelevant, DISTASO: It's not relevant. JUDGE: whether he supervises these two guys or not, the fact that he's in the DA's office. GERAGOS: He's in the Stanislaus County DA's office as a chief of some section, correct? BROCCHINI: Yes. Yes. GERAGOS: And did you, did you talk with Judge Began about the mop and the bucket that you noticed outside the door at the Peterson residence? BROCCHINI: Yes. GERAGOS: Okay. And who initiated that conversation? BROCCHINI: She did. GERAGOS: And when you were interviewed, you were interviewed by somebody about this, weren't you? BROCCHINI: Yes. GERAGOS: Aaron Gallagher? BROCCHINI: Yes. GERAGOS: Didn't you tell him that you could not remember who initiated the conversation but you believe she did because she asked how was the Peterson investigation going? BROCCHINI: That's correct. GERAGOS: Okay. So as you sit here today are you positive that it was her? Or are you just saying that you couldn't recall? BROCCHINI: It was her. GERAGOS: It was her. So you become, BROCCHINI: I remember she asked me about the Peterson investigation, and that's initiating. GERAGOS: And did you tell Judge Began that you smelled bleach at the Peterson's residence on December 24th of 2000 and 2? BROCCHINI: Absolutely not. GERAGOS: Okay. Did you tell her that you had smelled the odor of bleach and mentioned it as a factor in one of the reasons that you took the mop and the bucket? BROCCHINI: No. GERAGOS: Do you have any bad relations with Judge Began? BROCCHINI: No. GERAGOS: You two get along? BROCCHINI: I have very good relations with Judge Began. GERAGOS: Okay. Okay. Now, the, is there any reason why you can think of that Judge Began would remember you saying that? Would she make that up? DISTASO: Objection, your Honor. It calls for speculation. JUDGE: Sustained. GERAGOS: Now, the, specifically do you remember going out to the warehouse sometime in May of 2000 and 3? BROCCHINI: I, I remember going back to the warehouse. I don't remember, GERAGOS: Somebody named Smith that, to interview a gentleman named Smith? I mean the name is Greg Smith from Coldwell Banker? BROCCHINI: Hang on a second. I do remember. GERAGOS: I've got the page number, if it helps. 23978? BROCCHINI: I've got it. Go ahead. GERAGOS: Okay. Did you get a call and go out to talk to a realtor, and I apologize, it looks like June, is it? What was the date? BROCCHINI: It was June 29th -- GERAGOS: Okay. BROCCHINI: is when I got the, GERAGOS: Okay. Did you speak to Mr. Smith on the phone? BROCCHINI: Can I review my report? GERAGOS: Sure. BROCCHINI: Okay. Yes. GERAGOS: Okay. And then did you prepare a two-page report? BROCCHINI: Yes. GERAGOS: And the object of this two-page report was to summarize everything that you remember Mr. Smith telling you; is that correct? BROCCHINI: Well, you threw the word "everything" in there, but, I don't think "everything" applies, but to summarize what we said. GERAGOS: Okay. You took notes; is that correct? BROCCHINI: I don't remember. GERAGOS: Okay. Did you then dictate a report? BROCCHINI: I dictated a report. GERAGOS: Okay. And when you dictate that report, you then review it when it comes back to you; is that correct? BROCCHINI: Yes. GERAGOS: Make sure that what you dictated is contained in the report, obviously; is that correct? BROCCHINI: I dictate it, I don't, yes. GERAGOS: Okay. I mean the, once you dictate it, then somebody else presents the report back to you and then you review it and make corrections, you give it back to them and then you print it, right? BROCCHINI: Yes. GERAGOS: And just as a way of operating, when you're doing a report, when you're doing reports, you try to put all the information that you gathered, whichever side it can help, whether it's the prosecution side ultimately, or the defense side, correct? BROCCHINI: I don't, yes. Not everything. GERAGOS: Well, I, Mr. McAllister asked you that exact question that I just read, and you said Yes at the preliminary hearing. You want to read? And that's page 834 of the preliminary hearing transcript. BROCCHINI: Can I? GERAGOS: Yeah. I've got it yellow highlighted. BROCCHINI: Yeah, I said yeah. GERAGOS: Yeah. So when you were asked: And just as a way of operating when you're doing a report, when you're doing your reports, do you try to put out all the information you gather, whichever side it may seem to help, whether it's the prosecution's side ultimately, or the defense side? And your answer was Yeah? BROCCHINI: Yeah. GERAGOS: Okay. Now, the, the report that you're looking at, is that the one that's Bate number stamped at the top 22776? BROCCHINI: No. GERAGOS: Yes? BROCCHINI: No. I mean I don't know. Let me look at it. GERAGOS: Is this the same report? BROCCHINI: Yes, I have that report right there. GERAGOS: Okay. You put that, press this on? MR. NALJIAN: No, no. GERAGOS: This is the same, at least on my report there's a Bates number stamp that I just showed you 22776. This is the same report we're talking about, correct? BROCCHINI: Yes. GERAGOS: Okay. The second page. And this is the report that you dictated regarding your phone conversation; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, you, I'm going to play something. Tell me if this is your dictation, starting with right here where the "Smith said." Can you, do you have that report in front of you? BROCCHINI: Yes. GERAGOS: Okay. <Portion of dictation tape played> GERAGOS: Now, it appears that you dictated all of this information that's in the green box right here in the, would have, as it was being dictated. That was your voice, was it not? BROCCHINI: I didn't understand one word on that thing. GERAGOS: You didn't understand anything that was being dictated? BROCCHINI: It was too loud or too distorted. I'd have to hear it again. GERAGOS: Okay. You want, want me to play it one more time? BROCCHINI: No. GERAGOS: No. I bet you don't. BROCCHINI: No, go ahead. GERAGOS: This portion got excised from the police report, right? BROCCHINI: Once they were outside... GERAGOS: Let me show you one other thing. At some point you were directed to save your notes and your tapes to turn over to the defense and to stop destroying those things; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. And I'm going to show you something that's Bates marked 26094. Is that, are those your notes? BROCCHINI: Yes. GERAGOS: What's the last entry there that's yellow highlighted? BROCCHINI: "Laci used the restroom on 12/23. Peggy." GERAGOS: Did that indicate to you, both your notes, the phone conversation and this information, that Laci had been at the warehouse on December 23rd? BROCCHINI: That's documented in a police report. GERAGOS: Yeah. In your police report? BROCCHINI: No, in, in another police report. GERAGOS: Did you, did you direct somebody to, when you dictated this, to excise this specific information about Laci using the restroom because she was at the warehouse on 12/23 and that wouldn't fit into your theory that she hadn't been there, hadn't seen the boat? Is that why you excised it? BROCCHINI: No. GERAGOS: Now, the, did you go out and interview Peggy O'Donnell? BROCCHINI: No. Somebody did, though. GERAGOS: Did you go and follow-up to see what, what the information was? BROCCHINI: No, but I, it was done. GERAGOS: Okay. Now, the, specifically one of the things that you thought, I think you told the jury yesterday, it was an exciting moment for you, if I'm not mistaken, is when you found the hair on the pliers; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And that was where, by the way? BROCCHINI: What? GERAGOS: Where did you find this hair on the pliers? BROCCHINI: Where did I see the photograph of it? GERAGOS: Where did you see the photograph? BROCCHINI: I was in a conference room at the Modesto Police Department. GERAGOS: Now, when you were in the conference room, that photo of the pliers with the hair, did that, did you know where the pliers was taken from? BROCCHINI: Yes. GERAGOS: Where? BROCCHINI: The boat. GERAGOS: Which was where? BROCCHINI: Which was where when? At that moment when it was taken? Or at, GERAGOS: When, when, BROCCHINI: When I looked at, GERAGOS: when this pliers with this hair was photographed, where was that? BROCCHINI: It was at the shop, in the boat. GERAGOS: Okay. And that was in where? The warehouse, correct? BROCCHINI: 12/27, yeah. GERAGOS: Okay. Did you think it was significant or would be important information to your report to have people know that Peggy O'Donnell saw Laci at the warehouse on 12/23? Did you think that's something that would be significant since there was a hair that got you excited on a pliers at the warehouse on 12, what was the date that that pliers was recovered with the hair? BROCCHINI: The date it was recovered? GERAGOS: Yeah. BROCCHINI: Was one, two, GERAGOS: 12/26? BROCCHINI: 12/27. The date I saw it was February 11th. GERAGOS: Okay. So, BROCCHINI: And that was important information. I didn't know it was Peggy McDonald (sic) but I did know we had to send somebody out there to interview Peggy, and it was done. GERAGOS: Oh, so after you got this information you sent somebody to interview Peggy? BROCCHINI: No, I don't know when. I just know she was interviewed. GERAGOS: You don't know when it was done because, until I brought it up, you didn't realize that you had excised it and somebody would catch it; isn't that correct? BROCCHINI: I don't, I don't know. GERAGOS: Can you tell me how that particular piece of information got excised out of your police report? BROCCHINI: I excised it. GERAGOS: You did it? BROCCHINI: Yes, I did, if it's not in there and it's on that tape. GERAGOS: Okay. Now, the hair that was found on 12/26, you got information that Laci, who was apparently at that warehouse three days before; is that correct? Isn't that the information that you had that was excised from your report? BROCCHINI: I had information that Laci was at the shop on 12/24. I got that information on June 29th of oh three; that's correct. JUDGE: I think the, 12/23 I think he said. GERAGOS: Well, I don't, I'm going to show him something. GERAGOS: There's, this is People's 55, correct? BROCCHINI: Yes. GERAGOS: Now, so that the, and you're familiar with the shop. You've been in there at least twice, right? BROCCHINI: Yes. GERAGOS: Now, so that the jury understands, the, you've already talked about this is the office right here, correct? BROCCHINI: Yes. GERAGOS: Okay. I don't, do we have a picture of the, looking into the warehouse? If you do, pull it up for me. Then there's a, I'm sorry, I just want to make sure I'm not blocking the jury. This is the roll-up door we talked about, right? BROCCHINI: Yes. GERAGOS: Now, we've got a bunch of squares here that are all marked throughout the warehouse; do you see that? BROCCHINI: Yes. GERAGOS: Okay. And then you have this little item right there, which I believe is the, roughly where that trailer was; is that correct? BROCCHINI: That's the forklift. GERAGOS: Okay. Was that the forklift? Where was the trailer that had the mortiser on it? BROCCHINI: Right next to the boat. GERAGOS: Right over there. Now, the view of inside of the, or the schematic doesn't really do it justice in this sense. These squares are actually piled high; isn't that correct? BROCCHINI: Yes. GERAGOS: And how high would you say each one of those things is? BROCCHINI: At least ten feet. GERAGOS: Okay. And they're crowded together very tightly; isn't that correct? BROCCHINI: Yes. GERAGOS: And it's very difficult to get back here to what is right here, which is the bathroom; isn't that correct? BROCCHINI: Yes. <Mr. Geragos writes the word "bathroom" on People's Exhibit 55> GERAGOS: Now, the, I'm going to show you a couple of items. Do you recognize this? BROCCHINI: Yes. GERAGOS: Okay. Do you recognize, I'll mark them after you recognize them. Do you recognize that? BROCCHINI: Yes. GERAGOS: Do you recognize that? BROCCHINI: Yes. GERAGOS: Okay. I'm going, I've got three exhibits here, Judge. JUDGE: DD 1, 2 and 3. GERAGOS: BB? JUDGE: DD, like Dog Dog. GERAGOS: Like Delucchi Delucchi. JUDGE: Right. 1, 2 and 3. GERAGOS: Now, the first one I showed you, which is DD 3, that is roughly a picture taken from somewhere right about where my finger is, looking in this direction? BROCCHINI: No. GERAGOS: You've got, isn't that, it's got the front of the trailer, isn't it? BROCCHINI: Standing on the trailer, looking at the boat that way. GERAGOS: Okay. And is that roughly how it appeared when you were in there on the 24th? I think these are taken off the video from the 26th. So is this roughly how it looked when you were in there on the 26th? BROCCHINI: Yes. GERAGOS: Okay. Now, this picture right here, which is DD 2, can you tell me is that, or appear to be, the inside of this office here, where I'm pointing to? BROCCHINI: Yes. GERAGOS: And we've heard a bunch of testimony about a man door. That, I assume, right here is the man door; is that correct? BROCCHINI: That's the one that leads into the shop. GERAGOS: Okay. And so on that People's 55, that's going to be a view right in this area here? Where I'm pointing to? This is the door that you say that leads into the shop that's shown up on the picture on the board, correct? BROCCHINI: Yes. GERAGOS: Okay. BROCCHINI: It's a view, actually, of the top of this couch, and this window is right here. GERAGOS: Okay. And what's that a picture of on the, towards the right? BROCCHINI: It looks like Laci to me. GERAGOS: Okay. BROCCHINI: But I can't say for sure. GERAGOS: Now, DD 1, BROCCHINI: That is Laci and Scott. GERAGOS: Laci and Scott? BROCCHINI: Yeah. GERAGOS: DD 1, now, this, when I was describing the view inside of this warehouse, this is a view taken roughly looking back towards the bathroom in this direction, is it not? BROCCHINI: I, I can't tell. It's either from the back forward or the forward back. GERAGOS: Isn't that the roll-up door that's there? BROCCHINI: That looks like the roll-up door to me. GERAGOS: Okay. BROCCHINI: But you were saying it was taken from the roll-up door. GERAGOS: If this is the roll-up door, then wouldn't it be from behind and be at the back towards the bathroom, looking forward? BROCCHINI: I can't tell, Mr. Geragos. GERAGOS: Okay. Are these the, does this look substantially the same, this kind of crowded and stacked-up area, as it was on the 26th when the search warrant was executed? BROCCHINI: Yes. GERAGOS: It would have been very difficult for somebody who was pregnant to get to the back, to the bathroom, wouldn't it? BROCCHINI: It was very difficult for me to get back there. GERAGOS: Okay. Now, the, this might be a good time to take a break, Judge, because I'm going to switch subjects, if that's okay? JUDGE: Okay. Want to take, only been here a half an hour. GERAGOS: Yeah, because I have to have him set up something, if I could. JUDGE: Okay. He has to change his video stuff. So we'll take our recess now. We'll take it until ten to 3:00, okay? Then we'll come back at ten to 3:00. Remember the admonition I've heretofore given you. (Recess taken) JUDGE: All right. This is people versus Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. Are you all hooked up, Mr. Geragos? GERAGOS: I think so, Judge. I think what I'm going to do, just go back to the old fashioned, way put it on the screen. Probably work. JUDGE: All right. GERAGOS: Detective, do you recognize this item? BROCCHINI: Yes, I do. GERAGOS: Okay. Is this the picture that you said you were looking at on February, what date did you say it was, February what? BROCCHINI: 11th. GERAGOS: 11th? Is this the same picture you were looking at? BROCCHINI: Yes, it was. Looks like it. JUDGE: Has that been marked, that particular picture been marked? GERAGOS: It was in the prelim, I assume. JUDGE: We need a picture, we need number for here. Do you want defense exhibit? GERAGOS: Yes. JUDGE: It would be, photograph of some pliers, right? GERAGOS: Yes. GERAGOS: You are looking at this photograph on February 11th, correct? BROCCHINI: Yes. GERAGOS: And you saw at that point what appeared to you to be a hair, correct? BROCCHINI: Yes. GERAGOS: And this little black line right here? BROCCHINI: Yes. GERAGOS: That what we're talking about? BROCCHINI: Yes. GERAGOS: Now, do you know, or did you subsequently learn where this picture was taken from? BROCCHINI: Yes. GERAGOS: Where was that? BROCCHINI: That was taken at the shop on the 27th. That's a boat seat right there where that card is sitting on. GERAGOS: Okay. That's a boat seat? BROCCHINI: It's a boat bench. GERAGOS: Okay. I'm going to show you this picture. Do you recognize that? BROCCHINI: Yes. GERAGOS: Did you take that? BROCCHINI: Yes. GERAGOS: Mark this as double F? JUDGE: Double F. And that's a photograph of? Going to project that? GERAGOS: Yeah. Photograph Marked as Exhibit FF for identification. GERAGOS: The previous picture, this, and in this area here, you believe is either this side or this side here? BROCCHINI: I think it's the side right above the pliers. GERAGOS: Right over here? BROCCHINI: I think so. GERAGOS: Now, there were numerous reports that were prepared after that, the pliers would have been recovered on what date? BROCCHINI: 12-27. GERAGOS: Same search warrant that we have been talking about at the warehouse, correct? BROCCHINI: Yes. GERAGOS: Now, the, specifically let me ask you a little more. There is also another picture. Mark that as GG. JUDGE: All right. GERAGOS: I'm going to mark it, judge. I believe detective took this one too. But lay the foundation here in a second. JUDGE: All right. Photograph Marked as Exhibit GG for identification. GERAGOS: I'm going to show you what's been marked as GG. Is that another picture that you took? BROCCHINI: Yes. GERAGOS: This also of the interior of the boat on, this is actually taken on the 24th, correct? BROCCHINI: Yes. GERAGOS: So that the jury has got their bearings on what these various items are, this tackle box right here is the same one that we marked this morning with the bag and contents as W, correct? BROCCHINI: Yes. GERAGOS: Okay. This item right here, the anchor, is this item, which is People's 72? BROCCHINI: Yes. GERAGOS: The Court okay if we publish this to the jury? JUDGE: Do you have any objection, Mr. Distaso? DISTASO: No, your Honor. JUDGE: That's People's 72. Don't let that fall on you. People's 72 may be admitted into evidence taking the same number. GERAGOS: Okay. Exhibit 72 Admitted in Evidence MR. GERAGOS: Okay. GERAGOS: On the 24th while they are passing that around, in this picture, I don't see any duffle bag, or anything else in there, do you? BROCCHINI: I don't see it in that picture. GERAGOS: This picture, right here, do you see that duffle bag? JUDGE: This picture, you mean FF, for the record? GERAGOS: I'm sorry, judge. Yes, FF. JUDGE: Very good. BROCCHINI: I do not see the duffle bag. GERAGOS: Okay. Okay. The things that are described in here, we have got right here, is the yellow-handled pliers, which is one and the same with double E, right? BROCCHINI: Yes. GERAGOS: Okay. So that was recovered out of the boat two days later. Right here, the rods they are there. They are both that, if I can turn, V-3; is that correct? And V-1? BROCCHINI: Yes. GERAGOS: Okay. And is there any other photo that you took that evening that shows the duffle bag? BROCCHINI: Yes. GERAGOS: Okay. Is that one of the six photos that you took on the contact sheet? BROCCHINI: I think I took, I think ten or something. But they are on the contact sheet. GERAGOS: There was about six actually were inside of the warehouse. The other four were, I think, of the police car outside? BROCCHINI: About six. GERAGOS: Okay. Now, going back to the hair for a second. You saw the yellow pliers, and you decided to go back and look at, or open up the evidence envelope; is that correct? BROCCHINI: I saw the yellow pliers. GERAGOS: In the picture, the picture that we just showed the jury, on the 11th, if I got your time line correct? BROCCHINI: That's correct. GERAGOS: Looking through various pictures, you and who else? BROCCHINI: Craig Grogan and Mike Zahr, sergeant. GERAGOS: You are looking through the pictures, you noticed this one that's got what appears to be a hair, that was when you got you determined you got excited, correct? BROCCHINI: Yes. JUDGE: By this one, you are referring to Double E? GERAGOS: Yes. GERAGOS: And at that point, the decision was made to go over to the property room; is that correct? BROCCHINI: No. GERAGOS: Well, was supposed to go take a look at it? BROCCHINI: No, not yet. GERAGOS: You did do it? BROCCHINI: I did. But first thing we did was go look at my photo from the 24th. I wanted to see if those pliers were in my photo on the 24th. GERAGOS: Okay. And so I just showed it to you and it was, correct? BROCCHINI: Then we wanted to talk to the detective that handled, other that recovered that hair, to see if there was a root on it. GERAGOS: Okay. And who was that detective? BROCCHINI: Hendee. GERAGOS: Dodge Hendee? BROCCHINI: Yes. GERAGOS: Dodge Hendee was contacted; is that correct? BROCCHINI: The next morning he came to work, and we asked him, was there a root on that hair? He said, I don't know. GERAGOS: Then where was that? BROCCHINI: That was at the, in the Modesto Police Department in our Detective Bureau. GERAGOS: He said, I can't remember. I don't know. Let's go see? BROCCHINI: Well, I don't know who said that. He said, I can't remember, and so let's go see. I wanted to see too. GERAGOS: Okay. And up to that point, every report in connection with this case indicated that there was just a single hair, one hair, correct? BROCCHINI: That's correct. GERAGOS: And you previously, when I asked you that question at the preliminary hearing said, no, you didn't think so. Isn't that correct? BROCCHINI: That's correct. GERAGOS: Okay. And when I previously asked you, could you point me to any report that refers to multiple hairs prior to February 11th, which was the day that you looked at this picture, that's been mark as Double E? BROCCHINI: Correct. GERAGOS: You answered, it's in the search warrant affidavits, right? BROCCHINI: Yes. GERAGOS: Okay. And that was not true, correct? The testimony at the preliminary hearing, when you said it's in the search warrant affidavits, that there was multiple hearings, that was untrue, correct? BROCCHINI: The answer is, yes, with an explanation. JUDGE: What's the explanation? GERAGOS: What's the explanation? BROCCHINI: When you were questioning me about hairs, hair in the boat, or is that the only report with a hair, it mentioning one hair, I said no. There is other reports mentioning hair in the boat, because I knew we found hair in the boat. Now, if you remember, at the end of our preliminary hearing exchange, you determined you were talking with the hair in the pliers. I was talking about hair in the boat. So the answer is, I did put hair in the boat in my search warrant affidavits. I was talking about other hairs recovered. And you are talking about the one hair, we just were not on the same page that day. GERAGOS: That's your explanation for when I asked you, can you point me to one report that refers to multiple hairs prior to February 11th, your answer was, In the search warrant affidavits? BROCCHINI: That's true. There was multiple hairs found in the boat. That's what I was talking about. GERAGOS: I said a single document containing any of the 27,000 pages of the discovery, that's dated prior to February 11th that says there were multiple hairs, you said you would have to do some research; isn't that correct? BROCCHINI: That's right. GERAGOS: And then I let you, I specifically asked you at that point hair, as opposed to what the plural of hair was, correct? BROCCHINI: Yes. GERAGOS: Okay. And your answer was "a hair", correct? BROCCHINI: Can I look at, I mean I know what you are talking about. We're talking about hair. And I said a hair is a hair, and hair is plural. GERAGOS: And you said, I said what's the plural of hair, and you say "a hair", correct? BROCCHINI: No. Hair. That's what it says. GERAGOS: That's on page 1192? Hair as opposed to what's the plural of hair? Your answer was "a hair"? BROCCHINI: If you asked me what the plural of hair was. I say "hair". GERAGOS: Okay. At the prelim you said "a hair". I asked you, is that plural? You said to me, correct? BROCCHINI: No. GERAGOS: Page 1192, lines four through eight hair as opposed to what's the plural of hair? Answer. A hair. And I said that's the plural? Answer. To me? That was our exchange, wasn't it? BROCCHINI: No. GERAGOS: Now, the, the hair that was recovered, that's all of the reports. It's a fair statement that you have reviewed all reports in connection with this hair that is depicted in Double E. So that you could determine what and how it was found, and everything else connected to it, correct? BROCCHINI: All reports from Modesto PD I have. I didn't review the DOJ or any other reports. GERAGOS: All reports refer to a single hair found, correct? BROCCHINI: Are you talking now before that date. GERAGOS: Before February 11th, correct? BROCCHINI: Yes. GERAGOS: Okay. And then when you and Dodge Hendee went to Modesto Police Department, you went to the property room there; is that correct? One story building where property and evidence is stored? BROCCHINI: Yes. GERAGOS: You walked into the lobby area, correct? BROCCHINI: We buzz ourselves into the lobby. GERAGOS: When you say you buzzed, you pressed the button they ring you, you walk, BROCCHINI: You use your key card to let yourself in. GERAGOS: Well, you, there is also a buzzer, isn't there? BROCCHINI: Yes. GERAGOS: And you let yourself in, there is a little window there, and you asked for this particular evidence item, correct? BROCCHINI: Yes. GERAGOS: Then you pulled out your particular evidence item, and what was, specifically what was it in? BROCCHINI: It was in an envelope like a five-by-seven, or seven by, small envelope like this. Five-by-seven. GERAGOS: Is this, probably not. But you tell me, is that the way that it looked when you got it? The envelope, I mean specifically. BROCCHINI: Yeah. No, it was in a different envelope. GERAGOS: Okay. Now, at that point, had you been trained in any kind of forensic hair handling, or any kind of forensic analysis in regards to hair? BROCCHINI: I have no forensic training. GERAGOS: Okay. And you considered this to be an, as you described it an exciting moment, because you felt like you had a piece of significant evidence, correct? BROCCHINI: Yes. GERAGOS: And by the way, does Dodge Hendee, to the best of your knowledge, have any forensic training? BROCCHINI: I don't know. GERAGOS: None that you are aware of, correct? BROCCHINI: He was a crime scene manager for many years, maybe eight or nine, so maybe he does, but I don't know. GERAGOS: As you sit here today, you are unaware of that? BROCCHINI: I don't know. GERAGOS: Okay. Now, the, two of you then went up to this desk, and had given an envelope kind of similar to this one, it wasn't, it's not the same one. This is something that's already been marked? BROCCHINI: It's. GERAGOS: Big 5 receipt. But an envelope similar in size, correct? BROCCHINI: Yes. GERAGOS: Okay. And you slit open the envelope, right? BROCCHINI: Yes. GERAGOS: And what was, how was it packaged inside? BROCCHINI: The hair? GERAGOS: Yeah. BROCCHINI: It was just in there. GERAGOS: Okay. So what did you do, just, I have noticed that virtually all of these evidence bags have slits in them; is that correct? All of those ones. Razor blades? BROCCHINI: Right. GERAGOS: Is that generally how you open these bags, by using some kind of a razor edge to cut them open? BROCCHINI: No. That's generally, you are asking me how I do it? GERAGOS: How do you do it? BROCCHINI: No. Yeah, we either clip the top open, or slit it, and then open it. GERAGOS: Okay. When you opened it, and you opened the bag and poured it out; is that what you did? BROCCHINI: I did. GERAGOS: Okay. Now, if I understand correct, you had some kind of a, you called sterile piece of paper. But I have been in that Modesto property room. There is, I assume what you are talking about are those rolls of white, looks like butcher paper; is that correct? BROCCHINI: No. GERAGOS: You didn't use? BROCCHINI: No. I was using a piece of white, like copy paper, new copy paper. GERAGOS: Where did you get that from? BROCCHINI: They have a whole stack of it there. GERAGOS: Okay. Is, you took out the copy paper? BROCCHINI: Same size as that. GERAGOS: Same size as what I'm holding right here? BROCCHINI: Yes. GERAGOS: And you put that down somewhere on a counter, correct? BROCCHINI: That's right. GERAGOS: And then you clip open the envelope, right? BROCCHINI: Yes. GERAGOS: And you open or tap out like I'm doing right here? BROCCHINI: Yes. GERAGOS: Okay. And out comes two hairs. BROCCHINI: That's correct. GERAGOS: Okay. Now, who was a witness to that? BROCCHINI: Dodge Hendee. GERAGOS: When you did that, the two hairs, did the, was the pliers in that same envelope? BROCCHINI: No. GERAGOS: The pliers was marked as 144, correct? BROCCHINI: Yes. GERAGOS: And the hair was marked as 144-A? BROCCHINI: Yes. GERAGOS: And so the hairs, when it came out, what did you do with them? BROCCHINI: The hairs that came out? GERAGOS: Yeah. BROCCHINI: We looked at them. GERAGOS: How did you look at them? BROCCHINI: With a magnifying glass. GERAGOS: Did you do that right on the evidence counter there? BROCCHINI: Yes. GERAGOS: In the Modesto PD, like put this, I think, down, put them out, then pull out a magnifying glass like that? BROCCHINI: Yes. GERAGOS: Then how did you put, did you then put the hairs away? BROCCHINI: Yes. GERAGOS: How did you put them away? BROCCHINI: Detective Hendee put up a small evidence box. He filled it out, then he put the two hairs in the box, sealed it, put it back in the envelope, resealed it, and I initialed it. GERAGOS: Did the two hairs in the box look similar to the, either one of these photos that I have? BROCCHINI: Looks like them. GERAGOS: Okay. Do you want to mark these next in order? BROCCHINI: That is like that? GERAGOS: What I say that you saw that day. JUDGE: Do you want both of them marked? GERAGOS: Why don't I just mark the one as People's, JUDGE: HH. GERAGOS: HH? JUDGE: Right. Photo Marked as Exhibit HH for identification. BROCCHINI: Can I look at it one more time? GERAGOS: Sure. GERAGOS: That look like the same box? BROCCHINI: Looks like the envelope I signed and the box. GERAGOS: And then there is a notation on this 144-A, you know that to be the item number that Modesto PD used for the hair, correct? BROCCHINI: Yes. GERAGOS: Now, the 144-A pertains to two hairs, as opposed to one hair, correct? BROCCHINI: Yes. GERAGOS: That looks pretty much how it was the day that you saw it? Yes? BROCCHINI: Yes. GERAGOS: And then this was some kind of a substance. Wasn't a hair, as far as you could tell, right there? BROCCHINI: Yes. I mean I don't recall seeing it independently, but I see it in the photo, and looks like the box. I don't know if that, I don't know what that is. GERAGOS: Okay. So is it a fair statement that you don't remember, see if I have got this right, the photo that I'm showing you here is next to an evidence bag. This is the evidence bag, correct? BROCCHINI: Yes. GERAGOS: Now, the evidence bag has got a 2-12, and then initials right there. Do you see that? BROCCHINI: Those are mine. GERAGOS: AB or ARB? BROCCHINI: ARB. GERAGOS: Right. So if I understand correctly, what transpired here is the hair is placed in an envelope on 12-27, correct? BROCCHINI: Yes. GERAGOS: Then on 2-12, that would have been the date that you and Hendee went to Modesto PD's one-story evidence place, correct? BROCCHINI: Yes. GERAGOS: You put the date on there because you want to show that somebody has slit open, or show the chain of custody of this particular hair, correct? BROCCHINI: Yes. That I viewed it. GERAGOS: As far as you can tell, there is nobody who opens this package between 12-27 and February 12th, correct? BROCCHINI: That's correct. GERAGOS: And then it appears that on 2-20 there is a little ruler here, looks like it's a Department of Justice ruler; is that correct? BROCCHINI: Yes. GERAGOS: And it's dated 2-20. Would that, when I asked you before whether or not this item was sent to Department of Justice, would that indicate to you that the item was forwarded to Rod Oswalt who is the criminalist who deals with hair comparisons at the Department of Justice? BROCCHINI: Yes. GERAGOS: Do doesn't look like anybody else, at least until February 20th, looks like there is originally three people who were involved in the handling, four people who were involved in the handling of this hair to the best of your knowledge, correct? The four would have been you and Hendee, right? BROCCHINI: Yes. GERAGOS: That's on the 12th, right? BROCCHINI: Yes. GERAGOS: As I lead you through it, there is somebody who recovers it on 12-27. Do you know who that is? BROCCHINI: Hendee. GERAGOS: Hendee. Then you and Hendee on 2-12, right? BROCCHINI: Yes. GERAGOS: And then Rod Oswalt on 2-20, right? BROCCHINI: Yes. GERAGOS: Nobody else in the mix, but you, Oswalt, and Hendee, right? BROCCHINI: Not that I know of. GERAGOS: Based upon the evidence envelope that I have got, there is no indication that anybody else was in the mix, right? BROCCHINI: I don't know what happened when they recovered it. I based on, I know who put it in the envelope was Hendee. Me and Hendee had it, and Ron Oswalt got it when you are talking about. GERAGOS: There is nobody, if somebody else, for instance, it's recovered on 12-27, right? BROCCHINI: Yes. GERAGOS: Okay. If somebody between 12-27, December 27th, 2002, and February 12th, 2002, had opened this bag at Modesto, they would have had to have initialed it, correct? BROCCHINI: Nobody did. GERAGOS: Well, that's what I'm asking you. BROCCHINI: I thought you were talking about, you said anybody handled this hair. I knew it was recovered. I don't know who found it. I mean Hendee recovered it. You were talking about before this envelope. GERAGOS: Once it goes into the envelope between December 27th and February 12th, nobody touches that, right? BROCCHINI: That's correct. GERAGOS: The only two people who were in the mix there the time it's recovered in that photo that we showed here, as Defense E, and the photo in Defense H, it's just you and Dodge Hendee, correct? BROCCHINI: That's correct. GERAGOS: Now, at that point when you found the two hairs, did you give some directions as to what you wanted done, or was that left to somebody else? BROCCHINI: Did I give some directions? Me and Hendee talked about it. He said he would write a report, if that's the directions you are talking about. GERAGOS: Okay. He wrote a report that which said when they opened it you discovered two, discovered two hairs, correct? BROCCHINI: He did write a report. GERAGOS: He never said surmised that the hair broke in half, did he, in the report? DISTASO: Objection. Calls for speculation. GERAGOS: I'm asking if you reviewed the report, correct? DISTASO: Objection. Relevance. Not his report. GERAGOS: You and he, JUDGE: Overruled. GERAGOS: You and Hendee did this together, right? BROCCHINI: We looked at the hair did together. I didn't do the report with him. GERAGOS: Did you review his report? BROCCHINI: I looked at it. GERAGOS: Did he ever surmise that the hair broke in half? DISTASO: Objection. Relevance. Did Hendee surmise? JUDGE: I think surmise calls for his state of mind. It's sustained on that ground. GERAGOS: Did you ever see a report that said the hair broke in half? BROCCHINI: No. GERAGOS: Okay. That would have been at any time, correct, as you sit here today? BROCCHINI: That's right. GERAGOS: Okay. Now, the, did you talk to the people from DOJ? BROCCHINI: No. GERAGOS: Okay. Now, did you examine the report of the hair after it came back from DOJ? Not asking what it contained. Just asking if you saw a report that came from DOJ, Department of Justice? BROCCHINI: No. I was told about it, but I don't remember reading it. GERAGOS: Okay. Now, the hair at some point was sent to the FBI; is that correct? BROCCHINI: Yes. GERAGOS: And did you have any involvement in that? BROCCHINI: No. GERAGOS: Did you have any involvement once it was sent to Department of Justice? BROCCHINI: No. GERAGOS: All right. Did you write any reports ever saying that you believe the hair had broken in half? BROCCHINI: No. GERAGOS: Now this item that was marked as 44 in the placard, did you examine the pliers itself? BROCCHINI: No. GERAGOS: Did you ever look at, did you ever, when you went to the evidence room, did you ever call that up to see if there was anything else on those pliers? BROCCHINI: No. GERAGOS: Did you ask the pliers get sent to DOJ to have them analyze it? BROCCHINI: Somebody did, but I don't think it was me. GERAGOS: Okay. Now, in addition, I'm going to go back to the time when you came up to the truck initially, Scott's truck. You saw some chicken wire; is that correct? BROCCHINI: No. GERAGOS: Never saw any chicken wire? BROCCHINI: I saw it when we served the search warrant, but I didn't see it on the 24th. GERAGOS: Okay. Where did you see the chicken wire? BROCCHINI: On the time we served the search warrant. GERAGOS: When was the first time you saw the chicken wire? BROCCHINI: When the search warrant was served. It was in the back of the truck on the 26th. GERAGOS: Did you seize the chicken wire? BROCCHINI: I didn't, but, GERAGOS: Did you have somebody from Modesto Police Department doing the, seize something that you described as chicken wire? BROCCHINI: Yes. GERAGOS: Okay. And can you describe exactly what it was? What did it look like? BROCCHINI: From what I remember, it was a roll of chicken wire. It was not cleanly cut. It was cut on a sharp angle and almost ripped. Because there was long strands of it on the one edge. That's what I remember of it. GERAGOS: Do you remember having that chicken wire sent to the Department of Justice? BROCCHINI: I know it was sent. I didn't have it sent, but it was sent. GERAGOS: You had a theory at some point that some how the chicken wire was connected with Laci's disappearance, correct? DISTASO: Objection. Relevance. Calls for, GERAGOS: His state of mind. JUDGE: Overruled. He said he sent it to DOJ. He assumed it must have had some evidentiary value. Overruled. GERAGOS: It was seized, as the judge says, the detective believed it must some evidentiary value, correct? BROCCHINI: That's why it was sent. GERAGOS: It was sent up to the DOJ to be analyzed, correct? BROCCHINI: Yes, it was. GERAGOS: Okay. And the had asked Scott Peterson about the chicken wire, hadn't you? BROCCHINI: No. GERAGOS: Did you ever look through the yard to see if the chicken wire had been used anywhere in the yard? BROCCHINI: Yes. GERAGOS: And where did you look? BROCCHINI: We looked around the base of the trees, I think. GERAGOS: Can you show the jury where you looked on this map? I don't know that there is trees there, but if you want to just draw a circle where you looked, that would be helpful. Just put "tree". BROCCHINI: I can only remember one. I don't remember, I don't remember offhand. I just remember one for sure was outside this window. GERAGOS: Okay. A tree? BROCCHINI: A small tree. GERAGOS: And around that small tree you found some chicken wire, correct? BROCCHINI: I don't remember. GERAGOS: And, well, is there anything that would refresh your recollection? Do you have a report on that? BROCCHINI: I don't have a report. On the crime scene video, the walk, of the search warrant walk through, that would refresh my memory, or some photos. But I remember being told that's what he had the chicken wire for. That's why we looked. But I don't remember if we found any. GERAGOS: You don't remember if you found chicken wire around the tree to stop the cat from scratching the tree? BROCCHINI: Like I said, I just remember learning of that information from somebody, that that's what Scott said the chicken wire was for people looked. I don't remember. GERAGOS: They found scratches on the tree? BROCCHINI: I don't know, Mr. Geragos. GERAGOS: Do you know if you or any of the other detectives actually saw Scott's cat scratching the tree? BROCCHINI: I remember, that's why I remember that tree, because there is a crime scene video with a cat outside that window. And I, I don't remember. It might have been even scratching the tree in the video. But that's why we were, that's why I remember that tree. GERAGOS: Do you remember that that's what Scott said the chicken wire was there for, and lo and behold you got a crime scene, video there is the cat scratching the tree, right? DISTASO: Actually, objection. Compound. JUDGE: Sustained. GERAGOS: The chicken wire was, you also compared it to the needle nose pliers right here that's marked on Double E; isn't that correct? Isn't that what the Modesto, you and you Grogan and Buehler were kind of the guys running this investigation, correct? I know you said Grogan is the lead. But you were intimately involved in this investigation, correct? BROCCHINI: I was intimately involved, so that I know a lot of stuff. I wasn't involved in asking anything, DOJ to do very much of anything. But I have heard about a lot of stuff. GERAGOS: What I'm asking you is, did you, was it part of your investigation to have this needle-nosed pliers compared with the cut on the chicken wire to see if they matched? Is that part of what was done? BROCCHINI: Along with several other pairs of pliers we found. But, yes, I remember that being done. GERAGOS: Okay. Was it also part of what was done to have this pliers examined to see if there was any evidence of recent use? BROCCHINI: I know they were sent up there, but I don't know. GERAGOS: Okay. Was there at any point that you are aware of that that instruction was given to see if these pliers, when you said there was a hair there, you were excited about finding a hair there, weren't you also equally anxious to find out if this plier had been recently used? DISTASO: Objection, your Honor. Calls for speculation. The detective said he hasn't reviewed the reports. He didn't send it up. JUDGE: I think he can answer that question. Did you think it was important to see whether or not that the pliers had been recently used since you found a hair in it? BROCCHINI: The answer will be, I don't know, only because in my mind I'm trying to think how do you prove something has been recently used like that? And I don't know. I just know they were sent up. GERAGOS: How do you prove? You have Department of Justice take a look at it and see if something was recently used. BROCCHINI: Yes, pair of scissors. I don't know. GERAGOS: Would it surprise you to know that there is a Department of Justice report that says that these pliers were not recently used? DISTASO: Objection, your Honor relevance. GERAGOS: Each says, DISTASO: Calls for hearsay. GERAGOS: No. JUDGE: Overruled. Go ahead. GERAGOS: Would it surprise the to know there is a Department of, BROCCHINI: No. GERAGOS: Let me finish the question, please. Would it surprise you to know that the Department of Justice analyzed this pair of pliers with the hair that got you excited, and their determination was that there was no evidence of recent use of these pliers? BROCCHINI: No. GERAGOS: That doesn't surprise you? BROCCHINI: What? No, I just answered your question. No, it doesn't surprise me. GERAGOS: Now, there were other, I think you just testified there were other pliers or cutters that were also sent up to the Department of Justice; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And the reason that that was done was so that it be compared to see if maybe those pliers or other items had been connected to this chicken wire that was found, correct? JUDGE: Can I interrupt for just a second? The reason, the problem is with, as I understand your testimony, Detective Brocchini, you had no role in selecting and sending items to the Department of Justice; is that fair? BROCCHINI: That's fair. JUDGE: Okay. So he hasn't done any of this. GERAGOS: I'm asking him specifically, in relationship to the hair and the pliers, because I think they were sent up at the same time. If that's my, I don't think so, your Honor. He's repeatedly, JUDGE: He didn't have any role in that. GERAGOS: When you went to examine the hair, that turned into two hairs, you also then wanted that forwarded to DOJ, correct? BROCCHINI: The hairs? GERAGOS: Yes. BROCCHINI: Yes. GERAGOS: Okay. And, obviously at the same time, the pliers were forwarded to DOJ; isn't that correct? DISTASO: Objection. Been asked and answered. He doesn't know. JUDGE: I think so. Sustained. BROCCHINI: I don't know. GERAGOS: Okay. Now, the, specifically were you kept apprised of what the DOJ reports, as they were coming in, would somebody tell you what the reports were saying? BROCCHINI: Sometimes. GERAGOS: Okay. And then would you go out and adjust your investigation based upon that? BROCCHINI: Sometimes. GERAGOS: Okay. Now, specifically, I'd asked you this morning about, or actually yesterday, I think, about the Big 5 receipt, which was marked as People's 73. Is this the receipt that we marked yesterday, that was the Big 5 receipt? BROCCHINI: Yes, it is. GERAGOS: Where was that found? BROCCHINI: It was found in the shop. GERAGOS: Where in the shop? BROCCHINI: On a shelf. GERAGOS: On a shelf. Did you prepare a report, and it says that it was found, the Big 5 bag and the receipt was found in a garbage can? BROCCHINI: Yes. GERAGOS: It wasn't, was it? BROCCHINI: In fact, I corrected that at the prelim. GERAGOS: I'm asking you if you prepared a report that was said it was found in the garbage can? BROCCHINI: That's correct. GERAGOS: The receipt itself at Big 5, did you check, and do something to check and see if this receipt had been issued from Big 5? BROCCHINI: No. GERAGOS: Okay. And the receipt itself has a number of entries on it. Did you do anything to satisfy yourself that you had obtained everything that was connected with it? If, I don't know if you can see it. For instance, there is a two-day fishing license we have already seen, right? BROCCHINI: Yes. GERAGOS: The Ocean Enchanced stamp you have seen? BROCCHINI: Yes. GERAGOS: Do you know what this item is here? BROCCHINI: I know what it is. GERAGOS: What? BROCCHINI: Yes. GERAGOS: What is that? BROCCHINI: It's a fishing pole. GERAGOS: Okay. And does that have a rod on it? BROCCHINI: That's a rod and reel. GERAGOS: Rod and reel. What about this? BROCCHINI: It says bead tack, diamond jig. GERAGOS: And this? BROCCHINI: Stripe something jig. GERAGOS: Okay. Now, did you determine when this, this item right here, the looks like 39.99. You said that is a rod? BROCCHINI: I was told by the officer that went up to Big 5 and interviewed the clerk that that was a fishing pole. GERAGOS: Do you know what the SW stands for? BROCCHINI: Salt water. GERAGOS: Salt water. And do you know the time that this purchase was made? BROCCHINI: Only by what was on the receipt, I think. GERAGOS: Right at the bottom? BROCCHINI: Yes. GERAGOS: What is that? BROCCHINI: It's ten minutes to four, eleven minutes to four. GERAGOS: Who is the officer who went up to Big 5 to do the interview up there? BROCCHINI: Detective Ray Bennett. GERAGOS: Okay. Now, did you talk to him afterwards? BROCCHINI: No. GERAGOS: Now, the, you got hold of Bruce Peterson, correct? BROCCHINI: I did speak to him on the phone once, and in person once. GERAGOS: Okay. When you spoke to Bruce Peterson, one of your main objectives was to find out when he sold the boat and whether the boat was sold with an anchor, correct? BROCCHINI: No. GERAGOS: Well, you did get that information, didn't you? BROCCHINI: Can I look at my report real quick? GERAGOS: Sure. BROCCHINI: Yes, go ahead. GERAGOS: Okay. Have you refreshed your recollection? BROCCHINI: I don't know what you are asking me. I kind of reviewed it a little bit. GERAGOS: Okay. You determined that the boat had been sold without an anchor correct? DISTASO: Objection. Hearsay. JUDGE: He said he determined, as a result of your investigation, that the boat had been sold without an anchor; is that a fair assessment? BROCCHINI: Yes. GERAGOS: All right. Looks like on the 27th, when the search warrant was served, you see this picture I'm showing you here? BROCCHINI: Un-hun. GERAGOS: Do you know what that picture represents? BROCCHINI: Yes. GERAGOS: Were you there? BROCCHINI: Yes. GERAGOS: Okay. Is that your hand? BROCCHINI: Yes. GERAGOS: Okay. I'm going to mark this as next in order. JUDGE: II. That's a photo of a bench showing, GERAGOS: Pail and anchor. GERAGOS: Okay. Now, that pail and that anchor, I guess I just asked you before I put it up on the screen. Just to make sure. This is your hand right here. And the anchor that we passed around to the jury here is correct? BROCCHINI: Yes. GERAGOS: And you are placing it over this water pitcher? BROCCHINI: Yes. GERAGOS: And you determined that that was a perfect fit; is that correct? BROCCHINI: That's what I wrote in my report. GERAGOS: Okay. And you wrote in your report that it appeared, adding Ready Mix to the water in the water pitcher made the anchors; is that correct? BROCCHINI: That's what it looked like to me. GERAGOS: Okay. That's what it looked like to you. But there was only one anchor, correct? BROCCHINI: That's correct. GERAGOS: Okay. You didn't, you wrote in your report, made these anchors, you didn't recover any other anchors, correct? BROCCHINI: Correct. GERAGOS: And then you wrote in your report after the cement mold, set they were removed from the pitcher and set on a flatbed trailer; is that correct? BROCCHINI: That's correct. GERAGOS: And you said that from the distinct circles on the trailer, it appeared at least four anchors were made; is that correct? BROCCHINI: That's, tell me what page you are on. GERAGOS: In the bottom right, 12-28 report, 1901? BROCCHINI: That's correct. GERAGOS: Did you later find out that a formal expert was retained to analyze whether that pitcher made that anchor? BROCCHINI: Yes. GERAGOS: And when were you apprised of that information? BROCCHINI: I don't remember. GERAGOS: Some time within the last couple of months? BROCCHINI: Probably within the last three months or so. GERAGOS: Okay. Now, in addition to that, you also did some investigation on the purchase of the boat itself, correct? That would have been what's marked as DD-3, Delucchi-Delucchi 3. JUDGE: Photo of the boat. GERAGOS: Is that correct? BROCCHINI: Yes. GERAGOS: Okay. One of the people you talked to on January 4th specifically was Brian Ulrich? BROCCHINI: Yes. GERAGOS: Okay. Brian told you that Scott had been talking about a boat over three months before January 4th; is that correct? DISTASO: Objection, your Honor. Hearsay. JUDGE: Well, again it goes to state of mind. The issue here is the fishing and why he went on Christmas. So the objection is overruled. Not offered for the truth. Offered to explain circumstantial evidence of his state of mind to explain the defendant's conduct. DISTASO: Well, but it's not defendant's state of mind, talking to Brian Ulrich. JUDGE: He's asking what the defendant told him. GERAGOS: Right. DISTASO: It's double hearsay then. Not admission of the party opponent. JUDGE: I think he's right. GERAGOS: You don't want to, you don't want to, you tell me, did you talk to Brian Ulrich? BROCCHINI: Can you show me the report you are looking at? Yes, I did talk to him. GERAGOS: Did you ask him whether where Scott had discussed a buying a boat? BROCCHINI: Let me review it real quick. GERAGOS: Bottom of the second paragraph, last sentence. BROCCHINI: Okay. I asked him. GERAGOS: Okay. Now, in addition to that, did you talk to Brian Ulrich, specifically about the life insurance and the life insurance issue on January 4th? This is all in the same interview, correct? BROCCHINI: Yeah, I spoke to Brian about the boat and the life insurance in this interview. But it was about a second life insurance policy that we had received information on. GERAGOS: Okay. And the, but you were talking about the, with him, why were you talking to him about the insurance policy? BROCCHINI: Because he was his insurance man. And we had received a tip that Scott had taken out a second life insurance policy without, in the last three months. And I wanted to know if that was true or not. GERAGOS: Okay. Then did you also interview a Jody Miligi? BROCCHINI: Yes. GERAGOS: Okay. Did they, you interviewed them about? BROCCHINI: Them? GERAGOS: Dinner that they had with Scott and Laci? BROCCHINI: Did I interview Jody, or, GERAGOS: Jody. It's M-i-l-i-g-i. BROCCHINI: Yes, I did. GERAGOS: That would be 11-10. BROCCHINI: Yes. GERAGOS: Now, in that conversation, Jody told you, DISTASO: Objection, your Honor. It's hearsay. It's exact same objection as Brian Ulrich. GERAGOS: This is, if I can make the proffer. JUDGE: I'll hear what it is, then I will entertain the objection. GERAGOS: Do you want to do it in front of the jury? JUDGE: I don't want to send the jury back. GERAGOS: I'm not asking you to. JUDGE: Do it. GERAGOS: I can actually, if you want, just take a look at the yellow highlights. I think it's self-explanatory. Actually goes to the detective's reasonableness of the investigation, not what was told. JUDGE: All right. GERAGOS: You talked to Jody Miligi, right? BROCCHINI: Yes, I did. GERAGOS: Jody Miligi said that they had, they, meaning her and her husband, Guy, had had dinner the week, she thought about a week before Thanksgiving? BROCCHINI: Yes. GERAGOS: And she told you something to the effect that Scott, she could not remember saying that he bought a boat, was looking at a boat, had sold a boat. However, she remembers something about a boat, correct? BROCCHINI: Yes. GERAGOS: And you wrote in your report Peterson had not bought the boat until 12-9, so it was unlikely he told Jody he had a boat. I recontacted Jody Miligi, and she confirmed she could not actually remember a, he said she just remembered, he said something about a boat, and she is sure it was one to three weeks before Thanksgiving, correct? BROCCHINI: Correct. GERAGOS: Okay. Now, that would, strike that. Now, Mr. Distaso asked you specifically about a series of checks, and Trade Corp, company called, corporation called Trade Corp; is that correct? BROCCHINI: Yes. GERAGOS: Do you want to turn to that area of your reports? I think I was going to start off with an, if you have got, do you have Bates number stamp 1290 out in front of you? BROCCHINI: I do. GERAGOS: Okay. Now, there was an, I previously asked you today about Terry Scott, who is an FBI agent, correct? BROCCHINI: Yes. GERAGOS: There was grand jury federal subpoenas issued to obtain financial documents; is that correct? BROCCHINI: Yes. GERAGOS: And those documents covered the period of time from July 1st, 2002, through January 9th, 2003, correct? BROCCHINI: Yes. GERAGOS: And you ended up reviewing those documents; is that correct? BROCCHINI: Yes. GERAGOS: And it was your observations Scott Peterson would sign his own paychecks on a Trade Corp account from Bank of the West; is that correct? BROCCHINI: Yes. GERAGOS: And you made a series of, looks like at least 23 entries in your reports about checks that Peterson, Scott Peterson, had signed on this account. Do I have that accurately? BROCCHINI: Yes. GERAGOS: Okay. Now, these checks varied in amounts from, let's see if I got it right. Looks like they were almost all paid to himself, correct? BROCCHINI: These were all paid to himself. GERAGOS: Right. And they indicated pay periods in most of these; isn't that correct? BROCCHINI: No. GERAGOS: For instance, if we have got 23 item numbers, item number one indicated a pay period, correct? BROCCHINI: Yes. GERAGOS: Item number four had a pay period? BROCCHINI: Yes. GERAGOS: Item number seven? BROCCHINI: Yes. GERAGOS: Item eleven? BROCCHINI: Yes. GERAGOS: Twelve? BROCCHINI: Yes. GERAGOS: Those amounts were 1824.20 on all those pay periods, correct? BROCCHINI: Or pretty close to it. GERAGOS: Or pretty close. Another one on 10-15, 2002, 1844.76. Doesn't that have the a notation for a pay period, it's about the same amount, isn't it? BROCCHINI: Well, might be. But, GERAGOS: You have one on item number 17 for pay period, correct? BROCCHINI: Yes. GERAGOS: Item number 21 for a pay period? BROCCHINI: Yes. GERAGOS: Item number 22? BROCCHINI: Yes. GERAGOS: Okay. Now, you saw these checks were where Scott was paying or signing these checks, and you became, or let's see you wrote out that these are not all appear on payments from his Trade Corp account, they only some payments Peterson wrote to himself during the requested time period, correct? BROCCHINI: Yes. GERAGOS: Now, the requested time period is the one we just mentioned in the July 1st to January 9th, correct? BROCCHINI: Yes. GERAGOS: So then as you did that, or after you did that, you then contacted somebody; is that correct? BROCCHINI: Yes. GERAGOS: Who did you contact? BROCCHINI: Ross Lee, corporate attorney for Trade Corp. GERAGOS: And Ross Lee identified himself to you as the attorney, or you knew him to be the attorney for Trade Corp, correct? BROCCHINI: Yes. GERAGOS: And you forwarded him this information, and asked whether specifically that you considered these checks to be possibly suspicious checks that Scott Peterson was writing to himself, correct? BROCCHINI: Yes. GERAGOS: Okay. And when did you forward these to him? BROCCHINI: Give me one moment. GERAGOS: Sure. If you could just tell me which page you are looking at when you find it? BROCCHINI: Okay. GERAGOS: Do you have it by Bates? BROCCHINI: I have it by my own. GERAGOS: Which Bates number? BROCCHINI: I'm looking at 1495. That might not be the right one yet. Hang on a second. GERAGOS: Take a minute to review it. You also just turn 1496. Do you have a copy of a memorandum, 1496? BROCCHINI: Yes. GERAGOS: Okay. Can you just silently read that to yourself, see if that will refresh your recollection. And I think all you need to do, do you also have 1582 in front of you? That kind of makes it a little bit simpler. Read under Ross Lee. Silently to yourself. Those three paragraphs. BROCCHINI: Yes. GERAGOS: Okay. Does that refresh your recollection as to the dates, and what happened the chronology of what happened? BROCCHINI: Yes. GERAGOS: Okay. Does it appear to you that it's, you had prepared on February 4th, this list of checks that we just talked about, correct? BROCCHINI: Yes. GERAGOS: Okay. On February 7th you faxed those checks three days later over to Ross Lee, who you knew to be the lawyer for Trade Corp? BROCCHINI: Yes. GERAGOS: On February 28th, just had shown into asked you if you had in yours under 1496, and you indicated, yes, I'm just going to ask you to take a look what I have now marked as JJ, which is a City of Modesto memorandum, dated, looks like it was originally typewritten when? BROCCHINI: May 8th. GERAGOS: Then in actuality, what was the date that it was sent? BROCCHINI: 2-28-03. GERAGOS: Did you prepare this memorandum? BROCCHINI: Yes, I did. GERAGOS: So this is approximately, what, about, exactly three weeks after you faxed over the checks to Ross Lee; is that correct? BROCCHINI: Can I just review real quick, because? GERAGOS: Sure. BROCCHINI: You might have got that last question, you did, about when I faxed them. GERAGOS: I will show the page that I showed you? BROCCHINI: I got it. GERAGOS: Is that 1582? BROCCHINI: Yes, I sent those over on the 7th. GERAGOS: Okay. So you sent over the checks, 23 checks on the 7th. Then on the 28th, what I was referring to before, somebody obviously goofed when they typed in May 8th, 2002, correct? BROCCHINI: Yes. GERAGOS: So then is that your handwriting there, 2-28-03? BROCCHINI: Yes. GERAGOS: It's to Ross Lee from you? BROCCHINI: Yes. GERAGOS: And then you say you have only the checks from July 2nd through January 7th, correct? BROCCHINI: Yes. GERAGOS: And you refer to the supplemental report for this case, and the attached returned checks. What is that you were referring to there? Did you send him something besides the checks? BROCCHINI: I sent him copies of all the checks. GERAGOS: What about the supplemental report, looks like referencing him to a supplemental report. What report is that? BROCCHINI: I think it's the one with the, it lists all of the checks. I'm pretty sure that's what it was. GERAGOS: Just show you this. This document which, for the record is 1290 and 1291? BROCCHINI: I'm pretty sure that's what I sent. I can't remember for sure, though. GERAGOS: What my preference would be is to mark these, but I'm going to need to redact, because there is stuff on each page that obviously is not relevant. JUDGE: Why don't you mark them Monday. Detective is going to be back Monday. GERAGOS: Can I just, as you are right now, just to show the jury by redacting, just folding over like this? JUDGE: You want to pass it to the jury? GERAGOS: I'll just publish it. DISTASO: Well, your Honor, I'm objecting to publishing. It's not the proper procedure to publish police reports to the jury. He can ask at the time gets them and question him. JUDGE: Police reports aren't something published to the jury. Contain hearsay. You just want to put it on the, GERAGOS: Just want to so they can get an idea what he's, JUDGE: Put that on the projector, that's publishing to the jury. You see what I'm saying? That's not the right way to, he can ask the detective about it. But it's not proper to publish it or pass it around to the jury. He can put it on the projector, ask him, so the jury can see what he's asking him about. DISTASO: Okay. JUDGE: Okay. GERAGOS: What I have done is, detective, just so that I can get it as accurate as possible, I have folded it over, the two sheets is that basically how it would have been sent over? BROCCHINI: Yes. GERAGOS: Okay. Okay. And that's the list, as we talked about it, I didn't get all 23 in there. But that's the list of the 23, correct? BROCCHINI: Yes. GERAGOS: Of the checks. And that was sent over with this memorandum that's marked as JJ? BROCCHINI: Yes. GERAGOS: Some in some form or fashion? BROCCHINI: Yes. GERAGOS: Okay. Listing all the dates, the check numbers, and the amounts in the middle, correct? BROCCHINI: Yes. GERAGOS: Now, in this, you can leave the light out for just one second, Mike. Now, in this memorandum, in this memorandum, you specifically then attached basically that supplemental report with the list of 23 checks, you attached the returned checks, correct? BROCCHINI: Copies of them. GERAGOS: Copies of them. So when you say returned checks, the fact that they had been paid by the bank, right? BROCCHINI: Yes. GERAGOS: Then you recommended that he contact Jeff Coleman to get all the checks Scott wrote himself for the year, correct? BROCCHINI: Yes. GERAGOS: And then you said the Trade Corp wants to pursue this possible embezzlement further, please contact me, and I will put you in contact with one of our economic crimes detectives, correct? BROCCHINI: Correct. GERAGOS: And then the last thing, this is a small but important piece of the overall investigation, so I would appreciate any updates; is that right? BROCCHINI: That's right. GERAGOS: Okay. Now, on the 19th of March, which would have been about three weeks later, you received an e-mail from Ross Lee; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And I have that as 1584. Is that what you have? BROCCHINI: Yes. GERAGOS: Okay. And I'm going to, unfortunately mine is yellow highlighted. Can I borrow yours? We'll make a copy of it? BROCCHINI: Can I look at yours while you are doing that? GERAGOS: Can I mark this next in order, your Honor? JUDGE: Yes. That will be on the proviso, make a copy. GERAGOS: Can I just publish it right now, then we'll, JUDGE: Page. JJ. This will be KK. BROCCHINI: Here I can give you back yours, so you can put it back in. I'll trade you. GERAGOS: Then this is the e-mail that you got back? BROCCHINI: Yes. GERAGOS: Specifically Trade Corp has completed its internal analysis to verify the checks issued to Scott Peterson. They have concluded that the checks were issued to pay salaries and authorized expenses. These were appropriately booked in the accounting records according to internal rules Scott is allowed to manage, in the name of the company contracts and treasury up to twenty grand. No evidence was found with respect to misconduct or violation; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. Then the last thing they wanted an update to regain access to all of his business materials that had been seized out of the warehouse, approximately, or almost exactly a month before; is that correct? BROCCHINI: Yes. GERAGOS: Thank you. If the Court wants to, this is a good place. JUDGE: We'll take the recess now. All right, ladies and gentlemen, we'll take the evening recess I want to remind you again, you are not discuss this case among yourselves or with any other person. You are not to form or express any opinions about this case. You are not to read or watch any media reports of this trial, nor discuss it with any representatives of the media or their agents. Have a nice weekend. We'll see you Monday at morning at 9:00 o'clock, pick up where we left off.
June 28, 2004 GERAGOS: Detective, when we broke we were talking about, we were dealing with the Trade Corp issue and the checks. And then I made a copy of two of the pages of your police report that I think contain the supplemental. Can you take a look and see if that's an accurate layout and part of the information that you sent over to Trade Corp, Mr. Lee? BROCCHINI: It is. GERAGOS: Okay. And in sum and substance, I would like to mark this defense next in order. JUDGE: Defense next in order. Can you identify it again for the record? This will be number, GERAGOS: Two pages out of the police report of Detective Brocchini that I have cut and pasted, that represent 23 items that were forwarded over to Ross Lee, the attorney for Trade Corp. JUDGE: This is LL.Document Marked as Exhibit LL for identification. GERAGOS: Now, these 23 items are the items that you sent over to Mr. Lee, correct? BROCCHINI: Yes. GERAGOS: Okay. And specifically, when I was going through them before, you would list exactly what the check was, what the amount number, the amount was, and then the check number; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And also on these, identify where he paid himself, what the amount was. Just so I got it, if it indicated for a pay period, you went down, and you put it down as well? BROCCHINI: Yes. GERAGOS: Now, as I think we finished off, you received back on Friday a document from Trade Corp saying that they had done an audit; is that correct? BROCCHINI: Yes. GERAGOS: And as part of that audit, they had determined that there was nothing wrong, and that everything had been done correctly; is that correct? BROCCHINI: That's correct. GERAGOS: Now, in addition to that, I think I had also, there was a memo, City of Modesto memo that you originally sent over in regard to the audit itself; is that correct? BROCCHINI: Yes. GERAGOS: And that City of Modesto memo said that you could, if Trade Corp wants to pursue this possible embezzlement further, please contact me and I will put you in contact with one of our economic crimes detectives. Is that correct? That's on, I'm reading from Defendant's JJ. BROCCHINI: That's what I wrote. GERAGOS: Now, at that point, had you been an economic crimes detective for Modesto PD? BROCCHINI: No, I have never been an economics crimes detective. GERAGOS: Okay. Did you, when you found these checks that you were curious about, that I marked, that I just marked, these checks that we just had up, did you refer that over to the, you have an economic crimes unit, correct? BROCCHINI: Right. GERAGOS: Right? BROCCHINI: We do. GERAGOS: And you have somebody that you call an economic crimes detective, right? BROCCHINI: Yes. GERAGOS: Did you refer these checks or this investigation over to the economic crimes unit? BROCCHINI: No. GERAGOS: Okay. It was your desire that Trade Corp would do an audit, find out that Mr. Peterson, Scott Peterson had committed an embezzlement, that would put some further heat on him; is that correct? BROCCHINI: No. GERAGOS: You weren't trying to put heats on him? BROCCHINI: Well, I was suspicious of these checks. I'm a cop. I was suspicious of a lot of things. And at this time I knew he was lying to me about everything he said. He had a girlfriend. They aren't cheap. So I figured he was writing himself checks. I didn't know if he was doing an embezzlement or not. But it was something I had to check out. GERAGOS: He had been lying to you about everything, like that interview that we went through, BROCCHINI: No. GERAGOS: on the day before yesterday. He was lying about everything in that interview? BROCCHINI: No. But pretty much from the time when I wrote this memo, I mean we knew that he had been lying to me. GERAGOS: Objection, your Honor. It's non-responsive. DISTASO: He's allowed to answer. JUDGE: Wait, wait, wait. GERAGOS: It's a non-responsive response. JUDGE: Sustained. GERAGOS: I'm going to ask you a question, see if we can focus on it. You had a tape recorded interview, correct? BROCCHINI: Yes. GERAGOS: The one we saw. BROCCHINI: Yes. GERAGOS: We played that, correct? BROCCHINI: Yes. GERAGOS: We went through that tape-recorded interview, correct? BROCCHINI: Some of it. GERAGOS: Well, basically went through the entire interview with you. Didn't, isn't what we spent a couple hours doing? BROCCHINI: We went through all the things you wanted to go through. GERAGOS: We went through virtually everything in that interview. Tell me something that we didn't go over in that interview. BROCCHINI: The fact that he had a girlfriend, and he denied it. You skipped that part. GERAGOS: You never asked him in that interview if he had a girlfriend. Do you have that interview transcript? Can you turn to that? Do you have the transcript? BROCCHINI: No, oh, yeah, I do. GERAGOS: Okay. Can you please, take whatever time you need, show me where in that transcript you asked him if he had a girlfriend. If it helps, I will tell you that there is a place where you asked him how the marriage was. But if you, but if you need more time, you can you just point to me, so that I can show the jury where it is that you asked him if he had a girlfriend. BROCCHINI: I spoke to him for three and half hours before this. I asked him if he had a girlfriend more than once. And in this, it was a recap of that. And I said, so basically, so you don't have any marriage problems? Because he had already told me several times he didn't. GERAGOS: Where is that in your, in the taped interview? BROCCHINI: That's not. GERAGOS: Can you show me your reports, your reports from the conversations on the 24th where you say in your reports that you asked him several times if he had a girlfriend? BROCCHINI: I know it's in there that I asked him if he had a girlfriend. GERAGOS: In your reports? Let me see. Let's us see where that is. Do you want to take this one down? BROCCHINI: No. Leave it right there. Leave it right there. GERAGOS: What page are you looking at? BROCCHINI: I don't know yet. I'm looking at Bates stamp 969. I just talked to him in there about explaining why, I'm asking these questions about the girlfriend. GERAGOS: What page are you on? BROCCHINI: I'm on 969. GERAGOS: Point out to me, BROCCHINI: I told Scott right up here. GERAGOS: Okay. BROCCHINI: I told Scott it was, it would be uncomfortable for him, because I would be asking difficult questions about his relationship with Laci. And it was in my experience that he would end up not liking me very much. I asked Scott to keep in mind that I was only doing my job, which is, I was asking these questions. And I write in there, but that's why I wrote that in there, because I was asking him difficult questions about his relationship. GERAGOS: Is it a fair statement that nowhere in your report about your conversations of the 24th, did you ever put, how many pages was your report, by the way, twelve? BROCCHINI: That's right. GERAGOS: So you wrote a twelve page, you want to show the jury what it looks like? Single-spaced, basically, correct? BROCCHINI: Yes. GERAGOS: Twelve pages, right? BROCCHINI: Yes. GERAGOS: And you could put in there in the minutest details about jackets about mop buckets, about doors, about scrunched rugs. But nowhere in that twelve pages of single space stuff did you have room to put in there that you asked him if he had a girlfriend, and he said no? DISTASO: Objection. Argumentative. JUDGE: Sustained. GERAGOS: You don't have anywhere in that twelve-page report anything that says, "I asked Scott Peterson if he had a girlfriend and he said no", correct? BROCCHINI: I don't have that written in there. GERAGOS: Okay. Now, in addition to that, that one-hour interview that we went through with the jury, was specifically to recap everything that was discussed with ine 12 Mr. Peterson on that evening, correct? BROCCHINI: That's right. GERAGOS: And that one-hour interview was to also record it so that there wouldn't be any dispute as to what Mr. Peterson said, and what you said, and the information that you gleaned from him; isn't that correct? BROCCHINI: That's correct. GERAGOS: And we don't have anywhere in there where he says, "I don't have a girlfriend." But we do have in there a number of things that we went through that I showed you, exhibits which turned out Mr. Peterson gave you the absolute correct information; isn't that true? BROCCHINI: Told me a lot of truth. GERAGOS: Right. And he told you a lot of truth throughout that interview. He told you where he had been that day, correct? BROCCHINI: Yes. GERAGOS: He told you specifically what items were used for what, correct? BROCCHINI: Yes. GERAGOS: He told you the timing of various things, correct? BROCCHINI: Yes. GERAGOS: Okay. And as you say, he told you a lot of truth, correct? BROCCHINI: He did. GERAGOS: Okay. Now, on that day, you specifically, on the 24th, indicated that you were trying to do your job, or your function was to eliminate him as a suspect; is that right? BROCCHINI: Yes. GERAGOS: Now, at what point did your role change, apparently when you were called in, you were the, what's the Modesto PD term for it, the lead detective at that point, or the one who is on-call detective? BROCCHINI: I was called in. GERAGOS: Okay. So you were called in. You were in charge, correct? BROCCHINI: Right. GERAGOS: On the 24th? BROCCHINI: Yes. GERAGOS: Now, at some point that changed? BROCCHINI: Yes. GERAGOS: When did that change? BROCCHINI: On the 25th. GERAGOS: What time? BROCCHINI: I'm not sure. GERAGOS: And that changed by Detective Craig Grogan becoming in charge? BROCCHINI: That's correct. GERAGOS: Okay. Now, when Detective Craig Grogan became in charge, did you, did anything change in terms of how you operated, what your function was, what your role was? BROCCHINI: No. GERAGOS: Okay. So at that point, you were tasked with the idea that you had to eliminate Scott Peterson, or include him as a suspect, one or the other. Your focus was Scott Peterson; is that a fair statement? BROCCHINI: I mean I did a lot of other things, too. But, yeah, that was my focus. GERAGOS: Okay. Now, the, one of your other focuses was to run down other leads; is that correct? BROCCHINI: Sometimes. GERAGOS: Okay. Now, there was apparently a lead, we have had some testimony about it, it's in the paperwork, that there was a tip that was received and forwarded to the detectives' desk regarding Laci being held in a storage container in Tracy, California. Are you aware of that? BROCCHINI: I think I have heard of it. I'm not aware of it. GERAGOS: Did anybody ask you to follow up on it? BROCCHINI: It possibly is one of the tips that came to my desk that got directed out. GERAGOS: Well, do you know who Eric Beffa, B-e-f-f-a, is? BROCCHINI: Yes, I do. GERAGOS: Is he a Modesto Police Department officer? BROCCHINI: Yes, he is. GERAGOS: Do you know who Jan Merino? BROCCHINI: No. GERAGOS: Okay. Do you know if, whether or not Officer Beffa responded to a location in Tracy that was supposed to be a location or general area where Laci Peterson was being held? BROCCHINI: No. GERAGOS: Did you get a report of any kind, I have got a multipage report I'm going to show you. Anybody ever show this to you? BROCCHINI: I have never seen this that I know of, that I can remember. GERAGOS: Okay. BROCCHINI: I have seen that. GERAGOS: I'm going to, you have never seen this report that I just showed you, which was the Tracy report, correct? JUDGE: Identify it for the record, Mr. Geragos. GERAGOS: Sure. I was going to mark it by reference if I could. I'll use it with another witness. JUDGE: All right. GERAGOS: This is a one, two, three, four, five, six, seven, eight pages which was a documented report from the San Joaquin County Sheriff's Office. JUDGE: That's MM.Report Marked as Exhibit MM for identification. GERAGOS: I'm going to ask you, while marking that, can you take a look at the handwritten, up in the top, 977. Do you have that? BROCCHINI: Yes, I do. GERAGOS: Now, apparently on the, had, you had received information on 12-26; is that correct? BROCCHINI: Did I receive information on 12-26? GERAGOS: Yeah. BROCCHINI: Yes. GERAGOS: Did you receive a tip? BROCCHINI: Yes. GERAGOS: Did you receive a tip from a Detective Dan Scheppel from the Tracy Police Department? BROCCHINI: I didn't receive a tip. I received some information from him. GERAGOS: Well, he called to report that he was working a kidnapping in Tracy that occurred on December 22nd at about 1:30, correct? BROCCHINI: Yes. GERAGOS: He said a male Pacific Islander male driving a two tone white Suburban with a gold stripe had pulled a fifteen-year-old female out of her vehicle and attempted to put her into his vehicle, correct? BROCCHINI: Yes. GERAGOS: She was able to get away. Two passers-by were able to follow the Suburban and get a license plate number? BROCCHINI: Yes. GERAGOS: And they were trying to follow up on that; is that correct? BROCCHINI: They had an outstanding warrant for the suspects in that, yes. GERAGOS: Okay. Now, approximately three weeks later, or two weeks later, you received information that, in Tracy, that there was a tip that Laci Peterson was being held in that same area; isn't that correct? BROCCHINI: No. GERAGOS: You weren't aware that there was a tip, and that the Modesto PD was going out there? BROCCHINI: I don't know. I was aware of a lot of tips. GERAGOS: Were you aware that Modesto PD had been, a helicopter had been sent, they had done a FLIR device, they had found heat radiating from this area? BROCCHINI: No. GERAGOS: Were you aware that it was considered to be too dangerous to go into that area? BROCCHINI: No. GERAGOS: Were you aware that nobody ever followed up on that, and never went into that area? BROCCHINI: I don't know. DISTASO: Objection. That misstates the testimony. Assumes facts not in evidence. GERAGOS: It's, in fact, were, JUDGE: Modesto didn't, but the Tracy Police Department did something. GERAGOS: Judge, not only that they did nothing on that, that's the, that was the testimony. DISTASO: Wait. Is he testifying now, judge? That's misstating the evidence. JUDGE: Wait, let's not get into arguments. Wasn't there some testimony that they sent a helicopter, and they detected some heat, and so forth. They didn't go into the area because, always you just said, it was dangerous. GERAGOS: That's correct. That's what the testimony is. That's what the record is. BROCCHINI: No. JUDGE: Modesto Police Department didn't do anything about, GERAGOS: Modesto Police Department did that in conjunction with them. It was a multi-agency. That's what the testimony is. JUDGE: Okay. JUDGE: What was your question? GERAGOS: Did any of the sergeants who were doing the searches, do you know who they were, by the way? BROCCHINI: I know all the sergeants at the police department. GERAGOS: Who were the sergeants who were in charge of the search? BROCCHINI: Ron Cloward was in charge of some searching, and Tim Helton. And I think there was some other ones also in charge. GERAGOS: Cloward or Helton ever tell you that have they found a location that they have had gotten a positive on the FLIR device, yet the detectives considered it too dangerous to go in there? BROCCHINI: No. GERAGOS: Did they ever tell you that it was not followed up on? BROCCHINI: No. GERAGOS: Did you, were you familiar with this first tip that I just read you about the kidnapping in Tracy on 12-22, the one we talked about? BROCCHINI: Yes. The information from the detective, I took that information. GERAGOS: Okay. And what did you do to follow up on that? BROCCHINI: I spoke to him. He said they had a warrant out for the subject's arrest. Subject had tried to pull a fifteen-year old girl into his vehicle. He was wanted as of the 22nd of December, and that was it. He's wanted. GERAGOS: Have you done anything to this day since then? BROCCHINI: No, not on that tip. GERAGOS: Not on that tip. Did you have tips later on that somebody was seen in a van on that street on Covena, the description, and the description was dark-skinned, not African-American, which would seem to, at least, be close to Pacific Islander? DISTASO: Objection. That's argumentative. He's testifying. JUDGE: Sustained. He's testifying. GERAGOS: Did you ever connect that tip with some of the other information that you had from Covena, and the witnesses from Covena? BROCCHINI: Which tip? GERAGOS: The Tracy tip. BROCCHINI: No. GERAGOS: Now, at some point during that first week of January, you set up, or the Modesto PD set up a pole camera across the street from the Peterson residence; is that correct? BROCCHINI: Yes. GERAGOS: Now, this pole camera was an item which was borrowed from, was borrowed from the FBI, is that right, or the DEA, one or the other? You are not sure, but you know it was one or the other? BROCCHINI: I'm not sure where we borrowed it. It was one or the other. GERAGOS: Now, the, I'm going to ask you. JUDGE: Mr. Geragos, is this the, use this one here. Got a smaller, GERAGOS: I want the color, or whichever color. Doesn't matter to me. GERAGOS: Can you put there for the jury, exactly where the pole camera was set up? BROCCHINI: I have no idea where the pole camera was set up. I never saw it. I don't know where it is. GERAGOS: It was set up across the street, wasn't it? BROCCHINI: I don't know where it was. And I don't think so. GERAGOS: You don't think it was set up across the street? BROCCHINI: No. GERAGOS: When did you first learn that there was a surveillance camera across the street, DISTASO: Objection. GERAGOS: from 523 Covena? DISTASO: Objection. Relevance. Lack of foundation. He doesn't know where it was, or anything about it. JUDGE: That's not what he's asking. Overruled. BROCCHINI: I knew there was a pole camera. We talked about it in early January, put it up. But I do not know whether it was for sure. I never saw it. GERAGOS: Okay. Now, you were aware of it going up, correct? BROCCHINI: Yeah, I was aware of it going up. GERAGOS: And you think that some time between the 3rd and the 11th it went up; is that correct? DISTASO: Objection, your Honor. It's not relevant. It's hearsay. He didn't have anything to do with it. JUDGE: Well, isn't he the investigating officer? GERAGOS: Yes. DISTASO: He's not the leading investigating officer. JUDGE: But he was following up on these tips, pursuing some of these tips, and directing some of this investigation. So I think it's important. State of mind is relevant. Overruled. Go ahead, you can answer that. GERAGOS: You testified before that you, your understanding was the pole camera was set in between the 3rd and the 11th; is that correct? BROCCHINI: Yes. GERAGOS: And you talked about how hard it was to watch the street because it's so small, and that's why a pole camera was decided to be used, correct? BROCCHINI: Yes. Can you tell me the page you are on? GERAGOS: It's the transcript. Do you have your transcript of your testimony? BROCCHINI: Yes. GERAGOS: 1080. BROCCHINI: Thank you. GERAGOS: If you need to refresh your recollection. BROCCHINI: Just want to be there for when you are ready. GERAGOS: Okay. Now, you were part of the discussions about putting up a pole camera, correct? BROCCHINI: Yes. GERAGOS: And that included Detective Grogan, Sergeant Zahr, and Buehler, correct? BROCCHINI: They were there. Sergeant Zahr, and I imagine some other people too. GERAGOS: Okay. I would ask that you, if you are going to look at the testimony, that you tell me when you do. BROCCHINI: Okay. GERAGOS: Good. You if you need to refresh your recollection. Otherwise, I want your best recollection. JUDGE: Just clear something up. The detective in charge of this whole investigation was Grogan, right? BROCCHINI: Yes. JUDGE: What, did you have a designation or a title as to your role? Were you assisting him? BROCCHINI: Yes. JUDGE: You are assisting Grogan? BROCCHINI: Yes. JUDGE: But you were assigned to this case, right? BROCCHINI: I was assigned to other cases too, though. But I was assigned to this case. JUDGE: This is one of your cases? BROCCHINI: Yes, it was. GERAGOS: There is a report, following up on the judge's question, by Sergeant Zahr which describes you as a Core Detective. C-o-r-e. Is that correct? BROCCHINI: Yes. GERAGOS: Core Detectives would have been you, Buehler, Grogan, correct? BROCCHINI: Yes. GERAGOS: Now, the camera that was set up is what's referred to as a closed circuit television camera that's put on a pole; is that correct? BROCCHINI: Yes. DISTASO: Objection, your Honor. Lack of foundation. JUDGE: If you know. Do you know anything about this camera? BROCCHINI: I know it was some type of a closed circuit television, or a closed circuit TV. JUDGE: Answer will stand. GERAGOS: Okay. And then you also understand that the way that this closed circuit camera operated is that it would be viewed from a remote location, correct? BROCCHINI: Yes. GERAGOS: And that remote location was a Modesto PD, or truck, something where somebody could sit in and watch the monitor, correct? BROCCHINI: I think it was more than one place. Only one place at time. But it was in a van for a while, and it was in a shed for a while. GERAGOS: Okay. Now, the, you subsequently learned that that camera produced videotapes, correct? BROCCHINI: Yes. GERAGOS: Okay. And that you learned that through another police officer. Do you remember that? BROCCHINI: Yes. GERAGOS: And who was that? BROCCHINI: Bolinger. Well, who I learned it from originally? GERAGOS: Originally. BROCCHINI: I don't know. GERAGOS: Okay. Did you at some point talk to another officer and confirm that he, in fact, had some tapes? BROCCHINI: No. I talked to another officer that confirmed he, in fact, videotaped for a little while. He didn't say anything about having any tapes. GERAGOS: Okay. Now, you knew that it was manned 24 hours a day surveillance, correct? BROCCHINI: There was a 24-hour-a-day surveillance on Scott Peterson. For some days that pole camera was on hand if Scott Peterson was in his driveway. GERAGOS: Well, did you understand that it had the capability of actually filming whatever scene it was trained on? Do you understand what I mean by that? If I were to tell you to assume that the camera was on a pole right outside of the Medinas' house, it's trained on to the Peterson house, was it your understanding that the camera was filming, or had the capability to film what was going on at the house? DISTASO: Objection assumes facts not in evidence. He says he asked the detective to, well, let me have you assume this fact. That was the start, whole basis of the question. JUDGE: Well, let me ask you this. Do you know how this was set up to operate? BROCCHINI: Your Honor, I knew that there was a video camera. I mean there is camera a somewhere on a pole looking at the driveway, and in the van there was a capability, if an officer wanted to record, he could. That's, I have never been in the van. But that's what I'm aware of. JUDGE: Well, we'll let that answer stand. GERAGOS: Now, at the time that you were questioned about this, that was in the preliminary hearing in this case; is that correct? BROCCHINI: Yes. GERAGOS: And prior to that time, are you aware of any report in the first 27,000 pages, before this issue was brought up, there was a pole camera? Were you aware of any report that refers to this camera in any of the Modesto PD police reports? BROCCHINI: I don't know. I'm not. GERAGOS: You are not aware of any reports, are you, that that you can, BROCCHINI: I haven't read, I have read 950 pages. I don't know about 27,000. GERAGOS: But you never mentioned in any of your reports? BROCCHINI: That's right. GERAGOS: And the filming that takes place, you said that it would cover, your understanding was that it would cover the driveway, correct? BROCCHINI: I was told you could see the driveway from this camera. That's what, we were watching Scott. GERAGOS: Okay. Now, when you say the driveway, we have got People's 38 here. You are talking about this area to the right, next to the vacant house? BROCCHINI: Yes. GERAGOS: Okay. And specifically presumably, have you seen any of the tape recorded video? BROCCHINI: No. GERAGOS: When you say you are looking for, or having trained on the house, was the idea when you had the discussions when Grogan was there, to be able to see if Scott exits or comes in through any of the entrances? BROCCHINI: I never said it was trained on the house. I knew that you could see the driveway. And I never had any discussions on what else you could see. GERAGOS: Okay. You knew at the time that there was monitoring going on when it was happening in January, correct? BROCCHINI: What, could you explain that? GERAGOS: You talked to a, do you know somebody by the name of Randy Bolinger, B-o-l-i-n-g-e-r? BROCCHINI: Yes, I do. GERAGOS: Who is Randy Bolinger? BROCCHINI: He was one of the surveillance officers on that. When Scott was home, he would be in the van and watch. And if Scott would leave, he would fell other surveillance office officers, maybe block or two away he is leaving northbound or south, leaving southbound. I was aware that he was one of those people. GERAGOS: You were aware that he was monitoring this from this van that you described that had a, when you say monitoring, literally he had a monitor in the van that would show him from a remote location what was going on at the house? BROCCHINI: That's correct. GERAGOS: And you knew about at the time that it was happening in real time, meaning if it's January 4, whatever date, say it's January 16th, if he's in his van looking at the monitor in the van, he can see what's going on on the street, and can talk to you about it, correct? BROCCHINI: I mean he was, yeah. I mean lot of times it was in the middle of the night, and I was asleep. But I knew if Scott got in his car and left, this was being monitored. He would, somebody would usually call me and tell me, okay, he's moving. So, yeah. GERAGOS: Okay. Now, the, you have received reports, or seen reports from Officer Bolinger, correct? BROCCHINI: No, I don't think so. GERAGOS: You did an interview of him? A report of an interview? BROCCHINI: I don't know, unless you showed Mr. -- GERAGOS: Looking at page 1084. BROCCHINI: Okay. GERAGOS: Hand you some reports back there, or Mr. McAllister did? BROCCHINI: You are talking about did I see it at the preliminary hearing? GERAGOS: Yeah. BROCCHINI: Can I look at this real quick? GERAGOS: Sure. Read down to line 24. Just on that page, the next. BROCCHINI: That's the first time I ever saw that report. I didn't read it when it was handed to me. GERAGOS: Specifically you were asked if you knew that they had recorded portions of the surveillance, correct? BROCCHINI: Yes. GERAGOS: Okay. When we say recorded, the jury, so the jury and his Honor understands, you have a camera somewhere that's trained on the house. You don't know specifically where, but you know it's called a pole camera. So we're assuming that it's on a pole, that it's trained on to the house itself, correct? BROCCHINI: No. It's trained on the driveway. GERAGOS: Okay the driveway. So it's trained on the driveway. Now, it's, your understanding is that that camera could record, take videotape that you could play back; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And you knew that, because you had talked to Officer Bolinger; is that correct? BROCCHINI: Yes. GERAGOS: And he told you how he had recorded. He said he pushed the button, right? BROCCHINI: That's right. GERAGOS: Okay. And he told you that that was videotaped, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, at some point you were assigned to investigate a burglary at the house on 523 Covena; is that correct? The Peterson house? BROCCHINI: Yes, twice. GERAGOS: Okay. The first time was what date? BROCCHINI: January 19th. GERAGOS: On January 19th you received information that Amy Krigbaum across the street had observed a female go into Scott's backyard, correct? Do you want that page number? BROCCHINI: No. Yeah, I remember. GERAGOS: 1105, on the top. BROCCHINI: She called me and said that she had seen a female come out of the front gate or back gate of the house. GERAGOS: Okay. And that was, she called you at about 1:53 in the morning on Sunday the 19th of January, 2003? BROCCHINI: Yes. GERAGOS: And she said that she had seen somebody exit the gate. Which gate did she tell you? BROCCHINI: I'd have to look to be sure, Mr. Geragos. GERAGOS: Okay. 1105 is the top. 1175 Bates number stamp on the lower right. BROCCHINI: Okay. The north side gate. So that would have been the one right in front of the cars on the driveway. JUDGE: Use the pointer, detective. GERAGOS: Do you have the pointer there? BROCCHINI: She saw her come out this gate right here. GERAGOS: Okay. And said that went to the trunk of a white Honda Civic that was facing southbound on the west side of e 10 the street. Where would that have been? Maybe I better put this down and you can show on People's 33. BROCCHINI: What did I tell you? JUDGE: Southbound on west the side of the street. BROCCHINI: Same side of the street as the Peterson house, facing down. GERAGOS: Heading in this direction towards Encina. So the front of the car was facing towards Encina? BROCCHINI: Yes. GERAGOS: Now, you said that the person went to the trunk of a white Honda, opened the trunk, and had carried out a bundle from the house; is that correct? BROCCHINI: Yes. GERAGOS: And placed that bundle into the trunk of the car? BROCCHINI: Yes. GERAGOS: Okay. And she said that she saw the woman walking around in the front yard, correct? BROCCHINI: Yes. She saw her walk around in the front yard talking to herself, she said. GERAGOS: That would have been back to People's 38. BROCCHINI: Okay. GERAGOS: Then she called the police; is that correct? BROCCHINI: Yes. GERAGOS: And she identified the female as somebody who appeared to be the same one who had been walking the dog. You understood walking the dog to mean walking MacKenzie, the Peterson's dog? BROCCHINI: Yes. GERAGOS: That same day; is that correct? BROCCHINI: Did she say that same day? GERAGOS: Earlier in the day. BROCCHINI: Yes. GERAGOS: You assume that to be the same day, correct? BROCCHINI: Yes. GERAGOS: She said the police arrived, but whoever this female was had already left, right? BROCCHINI: Yes. GERAGOS: Now, she said about an hour and a half after that there were three more, or another car pulled up, and three more females got out; is that correct? BROCCHINI: Yes. GERAGOS: And they were in the driveway as well, right? BROCCHINI: Yes. GERAGOS: And, once again, Krigbaum called 9-1-1. However, this time the officers, same as last time, I guess, by the time the officers arrived, these, the second wave of people had already left. BROCCHINI: That's right. GERAGOS: Now, at about, you get this first call, you didn't get the call, but the police received the call in the early morning hours at about 1:53 in the morning on Sunday morning. So from Saturday night going into Sunday morning, correct? BROCCHINI: Yes. GERAGOS: And so at some point at about three in the morning is when this second, the other threesome shows up, correct? BROCCHINI: Yes. GERAGOS: Then at about ten in the morning, or is it ten at night, the following day, officers were dispatched over to Scott's house and Laci's house; is that correct? BROCCHINI: It was about eight at night. GERAGOS: Eight at night. Okay. Now, at that point, it was determined that there was a window that was broken, correct? BROCCHINI: Yes. GERAGOS: Where was that? BROCCHINI: It was right here. GERAGOS: Okay. You are pointing to the French doors. I assume those are French doors right there, correct? BROCCHINI: Yes. GERAGOS: And off of the dining room? BROCCHINI: Yes. GERAGOS: Okay. And that was broken. And went inside, the two Christmas presents had been, presents had been unwrapped, correct? 1175. Residential burglary. First paragraph, fifth line down. BROCCHINI: Yes. GERAGOS: Okay. And that it looked like the drawers and closets had been rifled; is that correct? BROCCHINI: That's what I was told from another detective, yes. GERAGOS: Did you go inside the house? BROCCHINI: No. GERAGOS: At some point on a Monday, the following day, you met at about, was it ten in the morning? BROCCHINI: Yes. GERAGOS: You met with Sergeant Zahr and Detective Banks; is that correct? BROCCHINI: Yes. GERAGOS: You told, at that point that the statement by McGregor was that she had claimed she had gone to feed the dog and found Scott Peterson's north door, which door would that have been? BROCCHINI: Well, GERAGOS: Same door? BROCCHINI: Yes. GERAGOS: Okay. JUDGE: Can I interrupt? Who is McGregor? GERAGOS: Kim McGregor. JUDGE: Is that who had phoned? BROCCHINI: No. Kim McGregor is the, GERAGOS: Kim McGregor had been interviewed by Banks; is that correct? BROCCHINI: I don't know. GERAGOS: It was by phone; is that correct? BROCCHINI: Yeah. GERAGOS: On the phone? BROCCHINI: That's what I learned from Banks. GERAGOS: Banks had talked to somebody by the name of Kim McGregor; is that correct? BROCCHINI: Yes. GERAGOS: And Kim McGregor said, at this point in the investigation, all you knew is that when you met with Zahr, you were told that there had been a burglary at the residence, correct? BROCCHINI: Yes. GERAGOS: And your information is, on the morning of the 20th, is that there is a broken window here in the French doors? BROCCHINI: Yes. GERAGOS: That the Christmas tree was right here where we have already marked, correct? BROCCHINI: I don't know about that. I mean I saw it here. GERAGOS: Okay. Just assume for a minute that this X here that says Christmas tree and presents is correct. BROCCHINI: Right. GERAGOS: You were told that the door was, that the windowpane was broken, there were two presents unwrapped, and that the drawers were rifled; is that correct? BROCCHINI: Yes. GERAGOS: Okay. You didn't know who the suspect was, or who, at that point you had no information other than there, apparently there was a burglary that had taken place, correct? BROCCHINI: Well, I had a little information of my own. GERAGOS: Right. But as in terms of what you are being told by the people that had responded, you didn't know anything at that point other than what you are told, correct? BROCCHINI: Right. GERAGOS: Okay. So then at ten in the morning you meet with Banks and, Zahr and Banks. They tell you that they interviewed somebody named Kim McGregor, right? BROCCHINI: Yes. GERAGOS: You knew who Kim McGregor was, right, Kim McGregor was, right? BROCCHINI: No. GERAGOS: Is that the first time you learned who she was? BROCCHINI: First time I ever met her. GERAGOS: Okay. And she claimed that she had gone to feed the dog and found the north door, which leads into the residence open; is that correct? BROCCHINI: That's what Banks told me that she said. GERAGOS: She said she had told Scott about it, and that she had found the door open and re-secured it, right? BROCCHINI: That's what Banks told me she said. GERAGOS: Okay. Then at that point you said you wanted to assist in the investigation by going to interview McGregor; is that correct? BROCCHINI: Yes. GERAGOS: And that was because describing Krigbaum had recognized the person that had removed this bundle from the house as being the same person that had walked the dog earlier in the day, correct? BROCCHINI: Yes. GERAGOS: Okay. So that Monday, about an hour after you got that information from Banks, you went and interviewed Kim McGregor at her residence, correct? BROCCHINI: Yes. GERAGOS: And when you went in there, you identified yourself, you told her you are working on the Laci Peterson case, correct? BROCCHINI: Yes. GERAGOS: You told her that you wanted to investigate this burglary that had occurred at the Peterson house? BROCCHINI: Yes. GERAGOS: Okay. You told her basically told her you weren't going to arrest her. You encouraged her to be honest. You just wanted to get to the bottom of this. BROCCHINI: I told her have wouldn't arrest her that day, but I just wanted to get to the bottom of this. GERAGOS: And you said no matter what she told you, you would not be arrested, right? BROCCHINI: That day. GERAGOS: Okay. At that point she looked at you and admitted she had gone into the house, right? BROCCHINI: Yes. GERAGOS: And that she had stolen about eight jackets, right? BROCCHINI: Yes. GERAGOS: And that she had already thrown them away. BROCCHINI: That's what she said. GERAGOS: She poured herself a Jack Daniels and Coke. She opened two Christmas gifts, and rifled through drawers and both closets; is that correct? Says "closest". But I assume that means closets? BROCCHINI: Yes. GERAGOS: Is that correct? BROCCHINI: That's correct. GERAGOS: Okay. And then you asked her to direct you to where she threw the jackets away; is that correct? BROCCHINI: Yes. GERAGOS: And about 11:15, this happened pretty quick, she admitted that what she had first told Banks was a lie, about just finding the door, pretty quickly once you talked to her, right? BROCCHINI: Yes. GERAGOS: So then within about fifteen minutes you drove out to an area that you labeled as College and Briggsmore? BROCCHINI: Can I look at that? GERAGOS: Sure. That's also the third paragraph on 1176 of the Bates stamped. BROCCHINI: Yes. GERAGOS: Okay. Now, where is College and Briggsmore? Are you able to see it in any of these aerial views, either People's 36 or 22, can you tell me? BROCCHINI: No. GERAGOS: No? BROCCHINI: It's a large distance away. College and Briggsmore don't cross. That was a typo. College and Bowen. And, it's not on any of these. GERAGOS: How far away would you say it is from the Covena house? BROCCHINI: It's a mile or so. But it would be, it would be, you know, up in this area right up here. It would be right up in this area right up here. GERAGOS: Would you mark a, make a circle up there? BROCCHINI: I'm not being, I can't be exact. GERAGOS: I'm not asking for precision. If you can't read, but just make a circle. That's roughly where, the area that you went to? BROCCHINI: College and Bowen, yes. GERAGOS: College and, can you spell that? BROCCHINI: B-o-w-e-n. GERAGOS: Briggsmore is a typo? BROCCHINI: Yeah. Briggsmore and College. Well, that's probably where we drove around a lot. She didn't, couldn't figure it out. And we started at College and Briggsmore, and then went down a whole bunch of alleys. Finally ended up in an alley behind 601 Bowen. GERAGOS: She told you she had driven down several alleys looking for an alley that had no people in it so she could discard the stolen items, right. BROCCHINI: Yes. GERAGOS: And she wanted to do that in secret, right? BROCCHINI: Yes. GERAGOS: And then eventually you ended up at a location that you identified as 601 Bowen, B-o-w-e-n, right? BROCCHINI: Yes. GERAGOS: Then she pointed out two black garbage cans. You recovered about eight items of clothing, correct? BROCCHINI: Yes. GERAGOS: Did you book those items into evidence? BROCCHINI: No. GERAGOS: What did you do with them? BROCCHINI: Banks kept them. Detective Banks kept them and released them back to Scott. GERAGOS: Now, the, at that point you had been with McGregor for at least an hour, correct? BROCCHINI: Yes. GERAGOS: And during the time you were with McGregor, were you encouraging her to be honest with you, telling her you weren't going to arrest her, you wanted to just get the truth and get beyond this, right? DISTASO: Objection. It's compound. GERAGOS: Asking if that's what he said. JUDGE: Do it in two parts, Mr. Geragos. GERAGOS: Did you tell her both of those things? BROCCHINI: First thing I said when I went in there, I said, hey, be honest with me right now and I won't arrest you today. I just want to get to the bottom of this burglary. That's what I told her. GERAGOS: And then she said that, that when you found those eight items in the garbage can, she told you, or the two black garbage cans, she said that that was everything she had taken from the residence, correct? BROCCHINI: That's what she said. GERAGOS: Okay. She denied taking any photographs, right? BROCCHINI: Yes, she did. GERAGOS: She denied taking any other property other than those clothing items that were in the two garbage cans, right? BROCCHINI: Yes, she did. GERAGOS: She never mentioned that she had, that she had taken a Social Security card? BROCCHINI: Not at that point, no. GERAGOS: Never mentioned a video camera? BROCCHINI: Not at that point, no. GERAGOS: Okay. And then you told her you wanted to take her back to the station so you could get a photograph of her, fingerprints, and more detailed statement, right? BROCCHINI: Yes. GERAGOS: And you also wanted the voicemail message that Scott Peterson had left on her phone, right? BROCCHINI: Yes. GERAGOS: Now, at about nine minutes past noon on Monday, you interviewed McGregor in the upstairs interview room; is that right? BROCCHINI: That's right. GERAGOS: She told you that she was infatuated with the case. She thought Scott was a very charming, very nice man. That was her story, right? BROCCHINI: That's what she told me. Some things she told me. GERAGOS: Now, the, you had her draw a diagram as to how she broke in, correct? BROCCHINI: I drew it, but I had her point some things out on it. GERAGOS: Okay. And she told you she had never met Scott Peterson before the incident occurred, right? BROCCHINI: That's what she said. GERAGOS: She said that she had been at Scott's house. She said she was in this driveway that's marked up here on People's 38. She said she was in the driveway on December 24th, correct? BROCCHINI: Yes. GERAGOS: She said she was there right after Laci was reported missing, right? BROCCHINI: Yes. She brought some over after some people came to her house and asked her if she had seen Laci. GERAGOS: You subsequently learned that she lived in the neighborhood? BROCCHINI: When I interviewed her I went to her house, so I knew she lived in the neighborhood. GERAGOS: Would you point to where? That's People's, blocked over this. That's on People's 33? BROCCHINI: She lives right here. GERAGOS: Okay. Do you want to just write "McGregor" there? Okay. She said the first time she ever saw Scott was in the driveway on the 24th of December? BROCCHINI: Yes. GERAGOS: She assisted in searching and brought over coffee and food, right? BROCCHINI: Yes. GERAGOS: And she said she began work at the Command Center, right? BROCCHINI: That's right. That's what she said. GERAGOS: And that eventually began taking Laci's and Scott's dog for, MacKenzie for a walk, and feeding the dog? BROCCHINI: Yes. GERAGOS: And she said that Sharon Rocha first recommended that her, that McGregor take care of, or walk the dog when Scott was away, correct? BROCCHINI: Yes. GERAGOS: She said that she had met Laci Peterson prior to the time when she went missing, correct? BROCCHINI: Yes. DISTASO: Objection, your Honor. Hearsay. This doesn't really go to the investigation of the burglary. GERAGOS: Exactly. JUDGE: I don't know. Can I see what you are going to ask him again, if this goes to the reasonableness of the officer's conduct. GERAGOS: The highlighted, the last part. JUDGE: That's an issue. Overruled. GERAGOS: Okay. GERAGOS: She said that she met Laci Peterson on one or two occasions in the park during a Neighborhood Watch meeting involving the Encina entrance to the park, correct? BROCCHINI: That's what she said. GERAGOS: Okay. The Encina entrance to the park, do you know where that is? BROCCHINI: No. GERAGOS: Now, she said she hadn't been to Laci's residence. On one or two occasions she met her. She wasn't sure where Laci lived until some friends came to her residence on the 24th, correct? BROCCHINI: And showed her some pictures, yes. GERAGOS: Showed her pictures, right? BROCCHINI: Yes. GERAGOS: And then you asked her, you specifically wanted to know at that point where she was on December 23rd and December 24th, correct? BROCCHINI: Yes. GERAGOS: And where did she tell you she was on December 23rd? BROCCHINI: Can I look at my report? GERAGOS: Sure, if that will help refresh your recollection. Read it to yourself, and then if it refreshes your recollection, then I'll ask you the question again. BROCCHINI: She said she dropped her daughter off at the theater for a show. Then she went out to the mall, and ran into one of her old friends. And she said she stayed with him until around between 6:30 and seven. She also ran into one of her cousins, and her cousin's husband at the mall. GERAGOS: They also tell you she also got a call from her ex-boyfriend? BROCCHINI: Yes. GERAGOS: That she drove over to his residence, she gave you an address. She went there, she met him, his two Hawaiian roommates? BROCCHINI: Yes. GERAGOS: Okay. She estimated they stayed there, so this, her ex-boyfriend and the two Hawaiian roommates, she gave you an address in Modesto? BROCCHINI: She, I don't know if she gave me the address or not. GERAGOS: I think it's the fifth line from the bottom, on the 1177. BROCCHINI: Yes. She gave me an address. GERAGOS: She gave an address of this ex-boyfriend that she said she hooked up with and the two Hawaiian roommates. She e 20 said she stayed there for 15 minutes, correct? BROCCHINI: Yes. GERAGOS: And then she and the ex-boyfriend went to a restaurant they remained there until approximately, what, 9:00 o'clock? BROCCHINI: Yes. GERAGOS: Okay. Then she went back to this boyfriend's residence, picked her car up, and drove home? BROCCHINI: Yes. GERAGOS: Okay. Now, she told you at that point that, said that on Christmas Eve, that, at their residence, is the same as Christmas day, right? BROCCHINI: Yes. GERAGOS: And said that about 10 or 10:30 she drove over to the Body Works. Do you know what that is? BROCCHINI: It's like day spa. GERAGOS: And then she bought a gift certificate as a gift, right? BROCCHINI: Yes. GERAGOS: Is the Body Works a chain, that you are aware of? Do you know what it is? BROCCHINI: I don't know. GERAGOS: You heard the term Body Works anywhere else in this investigation? BROCCHINI: Yes. GERAGOS: Where is that? BROCCHINI: I think that's where Amber worked. GERAGOS: Okay. Did you ever ask her about the fact that she had been to a place called Body Works, and you knew that Amber worked a place called Body Works? BROCCHINI: No. GERAGOS: You were aware on this date, January 21st, that, I think, do I have that right, this is, you prepared this report on the 21st? BROCCHINI: Yes. GERAGOS: Date's on the bottom. BROCCHINI: Yes. GERAGOS: You were aware at that point that the Body Works location was also the same location where Amber Frey worked, correct? BROCCHINI: No. GERAGOS: You were not aware at that time? BROCCHINI: McGregor went to the Body Works to pick up a gift certificate. That Mr. Amber Frey worked, GERAGOS: Are you aware that the Body Works is the same location, the same name of the place that employs Amber Frey? BROCCHINI: I knew Amber Frey worked at Body Works in Fresno. GERAGOS: You knew that on the 21st, correct? JUDGE: Just so it's clear, she was not working at this specific Body Works. GERAGOS: We'll get to that. I don't think that he's going to say that that's the case. I'm asking if he shows on the 21st, BROCCHINI: I don't know. GERAGOS: See if I can break this down. She told you that she had gone to a place called Body Works, correct? BROCCHINI: Yes. GERAGOS: Okay. By the 21st, you also had already, we'll get into, you had already, later on. But you had already hooked up and interviewed Amber Frey, correct? BROCCHINI: She had already been interviewed by then. GERAGOS: By then, by you? BROCCHINI: I interviewed her by then. GERAGOS: By the 21st, did you know that Amber Frey worked at a location called Body Works? BROCCHINI: Yes. GERAGOS: Did you know if this was the same location that Kim McGregor had been to? BROCCHINI: It wasn't. GERAGOS: Did you ask Kim McGregor about that? BROCCHINI: About Amber? GERAGOS: Yes. BROCCHINI: At any point? No. GERAGOS: Now, going back to McGregor, she told you she went to a police called Body Works when she bought a gift certificate, right? BROCCHINI: Yes. GERAGOS: And then she said she ran into a high school friend, right? BROCCHINI: Yes. GERAGOS: Tina. And that they conversed for a while. Then she left, went to the Post Office, returned home, picked up her daughter, went to Wal-Mart, purchased another Christmas gift. Is that right? BROCCHINI: That's what she said. GERAGOS: Okay. She told you that she spent the day and the evening with her family; is that right? BROCCHINI: Yes. GERAGOS: Okay. Now, she told you that she's a sound sleeper. She had been taking medications, right? BROCCHINI: Yes. GERAGOS: Because she had a bi-polar condition? BROCCHINI: That's what she said. GERAGOS: Okay. And she told you that she broke, when she broke into the residence she hadn't been taking her medication. BROCCHINI: Yes. GERAGOS: And, at that point, you did some other things. Fingerprints, palm prints, and some Polaroids. About 1:50 you transported her from Modesto PD back to her residence; is that correct? BROCCHINI: Yes. GERAGOS: And then you had her call Scott Peterson? BROCCHINI: Yes. GERAGOS: Okay. And you heard her side of the conversation, correct? BROCCHINI: Yes. GERAGOS: And she apologized for breaking in; is that correct? BROCCHINI: Yes. GERAGOS: Now, you told McGregor that you would ask Peterson whether he wanted to pursue a criminal complaint, right? BROCCHINI: Yes. GERAGOS: Now, after you did that, you dropped her off. You told her you would contact her if you needed more information. And then you proceeded, at about 4:00 o'clock that day, to talk to this Matthew, is it Lalogi? BROCCHINI: Yeah. GERAGOS: Pronouncing that correctly? BROCCHINI: Yes. GERAGOS: Now, this is the gentleman who has the two Hawaiian roommates that she characterized as the ex-boyfriend, correct? BROCCHINI: Yes. GERAGOS: What did Matthew Lalogi look like? DISTASO: Objection. Withdraw it. GERAGOS: What did he look like? JUDGE: Withdraw your objection? DISTASO: Withdraw it. I'm sorry. BROCCHINI: I don't know. I never seen him. GERAGOS: Okay. Did you talk to him on the phone? BROCCHINI: Yes. GERAGOS: Okay. Did he tell you that last time he had spoken to McGregor was on the day he took her to dinner? BROCCHINI: That was my, can I look at my paragraph? GERAGOS: Yeah. BROCCHINI: Yes, sir. That's what he said. GERAGOS: You said she had come in, visited his two roommates. He is sure it's Monday because he was watching Monday Night Football. They went to a restaurant, and he suspects he last saw McGregor at about 9:00 o'clock on the 23rd? BROCCHINI: Yes. GERAGOS: Now, the same day you talked to Scott Peterson, correct? BROCCHINI: Yes. GERAGOS: You told, you asked him if he wanted to pursue a complaint against McGregor for the break-in. BROCCHINI: Yes. GERAGOS: Told you he didn't want to pursue a complaint. He just didn't want to have to deal with it, correct? BROCCHINI: Yes. GERAGOS: He never met, told you he never met Kim McGregor before Laci disappeared? BROCCHINI: Yes. GERAGOS: And that he first met her at the Command Post after Laci had been reported missing, right? BROCCHINI: Yes. GERAGOS: And you told him that you felt McGregor was infatuated with him, correct? This is now 1180, the second paragraph. BROCCHINI: Yes. GERAGOS: Because he wanted, he was asking you what was your feeling regarding Kim McGregor? BROCCHINI: Right. GERAGOS: You said that you felt that she was infatuated with Scott. And he answered, "That's great", in a sarcastic tone of voice, correct? BROCCHINI: Yes. GERAGOS: You told him at that point that Banks, who was the one that recovered the items of clothing, was going to contact him later on regarding the property that you found in the two black garbage cans over in the College and Bowen area? BROCCHINI: Yes. GERAGOS: And then he told you that he also found a cut-off pair of black sweatpants on his bed when he arrived home, which did not appear to belong to him or Laci, correct? BROCCHINI: Yes. GERAGOS: And he suspected, he told you he suspected they possibly could belong to McGregor, right? BROCCHINI: Yes. GERAGOS: And you told him you wanted Banks to get these black sweatpants, right? BROCCHINI: Yes. GERAGOS: You told him that you would have Banks recover these sweatpants, these cut-off black sweatpants, right? BROCCHINI: Yes. When Banks brought the property back he would pick those up. GERAGOS: And so that I understand correctly, he is saying, look, not only where there things that were missing from the house that I told you about earlier, but in addition to that, somebody left in the house these black cut-off sweats, right? BROCCHINI: That's what he said. GERAGOS: Okay. And you said, I'll have Banks go over and recover them? BROCCHINI: Yes. GERAGOS: Because he's going to return the other clothing anyway? BROCCHINI: Right. GERAGOS: Okay. Now, the next day, maybe it was the day after the next, on January 22nd at about noon, you got a call from a Detective Wagner, correct? BROCCHINI: Yes. GERAGOS: Okay. He told you that a video camera had been recovered behind a store off of Tully Road, correct? BROCCHINI: Yes. GERAGOS: And that it was recovered in an grease pit or 55 gallon drum? BROCCHINI: Yes. GERAGOS: And it was on top of it, and he viewed the content of the video, thought that it was important that you take a look at it, correct? BROCCHINI: He thought it was Scott Peterson's video camera. GERAGOS: Okay. BROCCHINI: Yes. GERAGOS: Now, you, and I think this is a typo in your report. In the second paragraph, should that read 12-26? BROCCHINI: Yes. GERAGOS: It reads 1-26 on page 1190, but should be 12-26, right? BROCCHINI: Yes. GERAGOS: You remember that during the service of the search warrant on Scott's residence the day after Christmas, you had seen a video camera in the house, correct? BROCCHINI: Yes. GERAGOS: You hadn't seized it on that day? BROCCHINI: No. GERAGOS: Then on the police photographs you know the police didn't seize it? BROCCHINI: No, that's right. GERAGOS: And you had viewed the tape that was in the video camera? BROCCHINI: Yes. GERAGOS: And when you viewed the tape on the video camera, you realized when Ridenour was describing what he saw on the tape, that it appeared to be the same things that you viewed on the tape; is that right? BROCCHINI: Yes. GERAGOS: Okay. Now, they placed that into evidence, and at that point you realized that if the video camera had been dumped into a grease pit, that Kim McGregor was lying to you again, correct? BROCCHINI: That's right. GERAGOS: And then you went to go see her again about two hours later, right? Actually didn't go see her. You just phoned her? BROCCHINI: Yes. GERAGOS: And at this point you told her that you had additional information, and either she was going to be completely honest again, or you told her, again, or you were going to arrest her for the burglary; is that correct? BROCCHINI: Yes. GERAGOS: And then she admitted at that point that she had stolen Laci's Social Security card, correct? BROCCHINI: Yes. GERAGOS: That she actually had it in her pocket as she was talking to you on the phone. BROCCHINI: Can I look at the report real quick? GERAGOS: Sure. I'm, the heading is 1190. Kim McGregor is in bold. It's the first paragraph following. BROCCHINI: Yes. GERAGOS: So she told you that as you were talking to her she had this Social Security card for Laci Peterson in her pocket. You said, "I want to know what else you stole," right? BROCCHINI: Yes. GERAGOS: She hesitated, right? BROCCHINI: Yes. GERAGOS: Am you told her, "I'm going to immediately arrest you if you don't tell me everything," right? BROCCHINI: Yes. GERAGOS: She says, "I took one other thing"? BROCCHINI: Right. GERAGOS: And then you asked what it was. She said she stole a camcorder; is that right? BROCCHINI: Yes. GERAGOS: And that she had dumped that into a garbage can on the 20th, right? BROCCHINI: On, said she dumped it in there on Monday morning. GERAGOS: At what time? BROCCHINI: Just said Monday morning. GERAGOS: Okay. On the 20th? BROCCHINI: That's what she said. GERAGOS: January 20th, right? BROCCHINI: Right. GERAGOS: Now, at this point, so that we have got it right, when you had talked to McGregor on the 19th or the 20th, the first time, BROCCHINI: I spoke to her on the 20th first time. GERAGOS: You spoke to her on the 20th at around noon, 11:00 o'clock, something like that? BROCCHINI: Right. GERAGOS: About eleven. So now she is telling you that at the same time that you had seen her, you know, the morning of the 20th is when she dumped this camcorder; is that correct? BROCCHINI: Yes, that's correct. GERAGOS: Okay. You asked her if there was a tape. She said she didn't know how to use it. She doesn't know if there was a tape in it. Is that correct? BROCCHINI: Yes. GERAGOS: At that point you told her to meet you at the Modesto PD and turn over Laci's Social Security card, correct? BROCCHINI: Yes. GERAGOS: And she came over, she gave you the card, and said she had thrown the camcorder behind a business off of Tully Road. Now, I'd asked you before to look at that aerial. Do you know where Tully Road is? And is it in People's 36? BROCCHINI: It's not. This is wrong too. Actually this circle should be about right over here, if this map kept on going. GERAGOS: Well, I would assume, then, that that's farther you, estimated before, a mile? BROCCHINI: It's going to be longer than a mile. It's going to be a couple of miles, or two. I mean if you take, if you go air miles, it's probably a mile or two. If you have to take all these little city streets, might be a little more. GERAGOS: And how far away is Tully Road? BROCCHINI: It's about couple of miles. GERAGOS: Okay. She told you specifically that she had thrown the camera into a grease can, correct, or garbage can with grease in it? BROCCHINI: Yes. GERAGOS: And that she didn't know if there was a tape, that she had forgotten that she had Laci Peterson's Social Security card in her pocket until this morning when she found it; is that correct? BROCCHINI: Yes. GERAGOS: You told her you didn't make any promises, but you were going to get her; is that correct? BROCCHINI: I don't think I said that. I told McGregor it would be up to Scott Peterson whether she would be arrested or not. She said she understood. GERAGOS: All right. Now, at some point on the 20th, on the 23rd, I should say, you spoke and told her, you spoke to her again; is that right? BROCCHINI: Yes, I did. GERAGOS: Okay. Now, you had at that point, when you spoke to her on the 23rd, you had talked to the, she had told you, what you knew then is that she had gone to a place called Body Works, she told you, on Christmas Eve, right? BROCCHINI: Yes. GERAGOS: She said she ran into a high school friend at this place called Body Works? BROCCHINI: Yes. GERAGOS: High school friend was Tina Gassittie, G-a-s-s-i-t-t-i-e? BROCCHINI: Yes. GERAGOS: And you called the Body Works to confirm this information, correct? BROCCHINI: Yes. GERAGOS: And the manager told you, or confirmed that Tina Gassittie had come in for a massage on Monday the 23rd, not the 24th as Kim McGregor told you, correct? BROCCHINI: Said she came in on Thursday the 23rd. GERAGOS: Looks, Monday the 23rd? BROCCHINI: Yes. Monday. She came in Monday the 23rd, about 5:00 o'clock. GERAGOS: Right. Now, Kim McGregor told you she had been in there on the 24th, which would have been Tuesday, right? BROCCHINI: Yes. GERAGOS: So you were checking out the information that Kim McGregor gave you? BROCCHINI: Yes. JUDGE: Okay. We'll take the morning recess now. Take a recess until 11:00 o'clock. Remember the admonition I have heretofore given you. JUDGE: All right. This is People versus Scott Peterson. Let the record show the defendant's present and counsel, the jury's in the jury box along with the alternates. Go ahead, Mr. Geragos. GERAGOS: Thanks. The Court had asked, and I marked by reference the other day Defendant's CC, so I was going to mark that on the record today. This is a CD of the tape that was played. JUDGE: Okay. What is the number of that? GERAGOS: Double C. JUDGE: Double C. Defendant's Double C I have a phone call by the defendant to Laci. GERAGOS: Right. It was played back. JUDGE: This is the tape of that? GERAGOS: This is the CD. We burned it. We burned that to a CD. JUDGE: Okay. I'll indicate that. I just want to make sure we're on the same page. And that's the CD. GERAGOS: May I inquire? JUDGE: Yeah, go ahead. GERAGOS: Thank you. When we left off, detective, so that I have it correct, I believe that on the 20th of January you interviewed McGregor, right? BROCCHINI: Yes. GERAGOS: She tells you that on, and you were asking her on the 20th, where were you on the 23rd to the 24th, right? BROCCHINI: Yes. GERAGOS: Of December, the previous month? BROCCHINI: Right. GERAGOS: To eliminate her as a suspect, right? BROCCHINI: Yes. GERAGOS: Okay. She gives you a series of places that she supposedly went, correct? BROCCHINI: Yes. GERAGOS: And she tells you that on the 24th, the day Laci went missing, that she went to Body Works to purchase a gift certificate and then she ran into this high school friend, Tina Gazetti, right? BROCCHINI: Yes. GERAGOS: Then you go and talk to the manager of Body Works and they checked the records and determined that Tina Gazetti didn't come in on the 24th, correct? BROCCHINI: That's right. GERAGOS: That she came in on the 23rd, right? BROCCHINI: Yes. GERAGOS: So then you go and talk to Tina Gazetti, right? BROCCHINI: I spoke to her on the phone. GERAGOS: On the phone? BROCCHINI: Yes. GERAGOS: And when you talked to her, she confirmed that her massage was not on the 24th, but on the 23rd, correct? BROCCHINI: Yes. GERAGOS: And she said that she ran into her at about 5:00 o'clock -- BROCCHINI: Yes. GERAGOS: on the 23rd? BROCCHINI: Yes. GERAGOS: Okay. So then you spoke to McGregor again and told her that her statement about being at Body Works on the 24th was just not accurate, correct? BROCCHINI: That's right. GERAGOS: Okay. And she said, basically you told her, look, you weren't at Body Works on December 24th because I've talked to Gazetti, I've talked to the manager there and you were there on the 23rd. And so she said, well, she'd think about what she did, and I think this is a typo. I don't want to misquote it. That's a type, the "not"? BROCCHINI: Yes. GERAGOS: Okay. So she'd think about what she did on the 24th and then she'd call you back; is that right? BROCCHINI: That's right. GERAGOS: Okay. So when you were questioning her about it, she couldn't give you an answer as to where she was? BROCCHINI: She couldn't remember. GERAGOS: Couldn't remember. And what she had told you was obviously not true? BROCCHINI: That's right. She got it wrong. GERAGOS: Okay. Now she calls you back at about 12:30 and she says she remembers she dropped off a jacket at a friend's residence on Tuesday morning and she said her friend, who's Robert, had left his jacket in her car on Monday night so she returned it to him on Tuesday morning. She did not have his phone number, so she'd go over there after work and have him call you, right? BROCCHINI: Yes. GERAGOS: And then that same day you got a call from him? BROCCHINI: Yes. GERAGOS: And he says he was sitting at a bar at a place called Dewz, D-e-w-z, downtown when Kim McGregor sat next to him? BROCCHINI: Yes. GERAGOS: And he says that was on the 23rd of December? BROCCHINI: Yes. GERAGOS: And that he says he never met her before, that he began talking and drinking until Dewz closed down and they went to a place called the Tiki Lounge and they drank there until 2:00 in the morning, right? BROCCHINI: Yes. GERAGOS: And he says McGregor got cold so he let her wear his jacket? BROCCHINI: Right. GERAGOS: And then at about 2:00 o'clock he walked her out to the parking lot, thought he left his keys inside the bar, this Tiki Lounge, right? BROCCHINI: Yes. GERAGOS: So he asked McGregor to wait. He went in. When he came back out she had left, right? BROCCHINI: Yes. GERAGOS: Okay. He says that he spoke to McGregor about 10:00 o'clock on the phone; is that right? BROCCHINI: Yes. GERAGOS: And that she came over and -- DISTASO: Your Honor, can we have the day that he spoke to her. GERAGOS: GERAGOS: He spoke to her on the 24th at about 10:00, right? BROCCHINI: Yes. GERAGOS: And she said she was busy, needed to do some shopping and came over to return his keys, right? BROCCHINI: Yes. GERAGOS: Did you ask him what time McGregor came over? BROCCHINI: She came right over. I didn't write the time, but -- GERAGOS: Yeah, it doesn't say what time in the report, right? BROCCHINI: Right. GERAGOS: Then McGregor never told this guy that she was caring for Scott's dog and she had any contact with Scott Peterson, right? BROCCHINI: During the first date, no. GERAGOS: And they had talked about the Peterson case, correct? BROCCHINI: Can I look at, can I look? GERAGOS: The last paragraph is where I'm referring to above where it says evidence -- BROCCHINI: Yeah, they talked a little, not about the case, but about what, you know, her, that she knew Scott, that she lived three or four doors away and -- GERAGOS: She had met Scott while working over at the volunteer center, but never had mentioned that she was caring for the dog or never had any personal contact with Scott? BROCCHINI: That's right. GERAGOS: Now in the interview that you had with Kim McGregor, you taperecorded that interview; is that correct? BROCCHINI: Which? Which interview? GERAGOS: You did interview with her, it's got a, it looks like 3/31/04 is what the report date is. Do you know when that referred to as the interview? 39920 is the Bates number stamp. BROCCHINI: That is when Grogan and I interviewed her. GERAGOS: You and Detective Grogan did it together? BROCCHINI: I seem to remember that. GERAGOS: Okay. BROCCHINI: Can I? GERAGOS: Sure. Take a look. BROCCHINI: Okay. This is, I think this is, we, me and Banks. GERAGOS: You and Detective Banks? BROCCHINI: Yeah, I have to look at it. I haven't seen that before. GERAGOS: Do you remember doing the interview? BROCCHINI: I remember, I remember doing an interview with her, I do. I already testified to it. We took her back to the station and did an interview. GERAGOS: Okay. During that interview she specifically said that walking the dog was actually Laci's mom's suggestion, correct? JUDGE: Mr. Geragos, I'm a little confused. When is this interview taking place? I think this is still up in the air. GERAGOS: Wasn't this in March? JUDGE: Because he's testified he's done other e 25 interviews with her. Do you know, Mr. Distaso? DISTASO: I need the Bates stamp number. GERAGOS: 39920. DISTASO: The number. JUDGE: Was this after you checked out a lot of this information and it turned out to be untrue, detective? BROCCHINI: I don't think so, Your Honor. I think this is the very first interview I did with her. JUDGE: But I think you testified you did it a lot earlier. GERAGOS: Is there any way you can tell from the caption that's on the bottom when the interview was? BROCCHINI: No. Can I look at the very last page? GERAGOS: It just shows the end of April 1. If I show you, if I were to show you the previous page would that help you? How many interviews would you say you did with her? BROCCHINI: I did the very first interview with Detective Banks. It was a taped interview at the station. GERAGOS: Okay. BROCCHINI: I sat in on some of an interview with Detective Grogan. GERAGOS: When was, let's go step by step. The one with Banks was when? BROCCHINI: Banks' was on, that was on Monday, 1/20 of 2003 Detective Banks and I did an interview with her, I think it was. My interview ended at 13:33. GERAGOS: Do you have the, do you have any idea which of these interviews that I've just showed you that was? BROCCHINI: No, I don't, not unless you let me look at it a little longer. I can tell you I have not reviewed the tape and compared it to that transcript you're holding, but if you let me look at it I might be able to tell you. GERAGOS: Sure. Take a look at it. Tell me which date it was. BROCCHINI: This is the interview from 1/20 of 2003. GERAGOS: Okay. Now in that interview specifically and you had that taperecording, correct? BROCCHINI: Yes. GERAGOS: Specifically she told you on two occasions that it was actually Sharon's idea that she walk the dog; is that correct? DISTASO: Objection, Your Honor. That's hearsay. That doesn't go to the reasonableness of misconduct. I mean, these statements she's giving. JUDGE: Yeah, I don't get the connection with that. GERAGOS: Specifically in terms of the whole idea that the dog didn't need to be walked. This goes to the reasonableness to the whole investigation. JUDGE: Okay. I'll permit it. GERAGOS: GERAGOS: It was Laci's mom's suggestion, Sharon Rocha, that she walk the dog, correct? BROCCHINI: She, yes. GERAGOS: And that was from – DISTASO: Actually, I object, Your Honor. That misstates. I mean let's be clear about what we're doing here. This is Kim McGregor giving a statement to Detective Brocchini, which I guess is a statement that Sharon Rocha gave to her. As long as that's clear. But the way counsel just stated it was, so it was Sharon Rocha's idea to walk the dog. Well, no -- JUDGE: Sustained. Sharon Rocha told Kim McGregor to walk the dog. DISTASO: Who then told Detective Brocchini. JUDGE: Who then told Detective Brocchini. Who's idea it was is subject to conjecture. GERAGOS: GERAGOS: It was Kim McGregor's statement that Sharon had asked her to walk the dog, correct? BROCCHINI: Yes. GERAGOS: Okay. Now the interview you had with her and this Robert Watrose that we just talked about, what did you do after that, after you talked to Watrose in regards to Kim McGregor? BROCCHINI: Nothing. I mean, not that that I know of. GERAGOS: Yeah, let's see if I've got it right. I've taken you through the fact that she's walking the dog and she's feeding the dog, correct? BROCCHINI: Yes. GERAGOS: She first says that she's lied about or she lies about coming to the house and finding the door open and she closes it, correct, that's her first statement? BROCCHINI: Yeah. GERAGOS: Her second statement is she admits that she broke in, but all she took was eight items of clothing, nothing else, correct? BROCCHINI: Yes. GERAGOS: She last says that she was at a particular location on the 24th, but you can't confirm or in fact you find out that that was not the case when you check it out, correct? BROCCHINI: Yes. GERAGOS: Okay. You then find out that, at some point, I don't know if it was in the exact sequence, but you find out that she lied about just taking the eight items of clothing, correct? BROCCHINI: Yes. GERAGOS: You then find out that, in addition to that, she had Laci's Social Security card on her, right? BROCCHINI: Yes. GERAGOS: That she had taken a camcorder and had gone and disposed of that into a grease, 55-gallon grease drum, right? BROCCHINI: Yes. GERAGOS: You then find out that the place where she says she was on the 24th, she can't remember and she has to call you back, right? BROCCHINI: Yes. GERAGOS: And when she calls you back she tells you she's going to have somebody else call you, this Mr. Watrose, correct? BROCCHINI: Yes. GERAGOS: Okay. Mr. Watrose calls and says that he had never met her before, but he remembers she called at about 10:00 o'clock on the 24th? BROCCHINI: Yes. GERAGOS: You never interviewed him in person, correct? BROCCHINI: Right. GERAGOS: Okay. You don't know anything about Mr. Watrose, you never saw him, you don't even know if it was Mr. Watrose you spoke to on the phone, do you? BROCCHINI: I know it was somebody who just identified himself as that. GERAGOS: Right. Some guy says, she says, I don't remember where I am on the 24th, after you confronted with the fact that she's mistaken about where she is on the 24th, correct? BROCCHINI: Correct. GERAGOS: Then she said I'll, I'll call you back. She calls back, she says I'm going to have this guy who is basically my alibi call you back, right? BROCCHINI: Right. GERAGOS: And this is the guy that she supposedly met when she was drunk on the night of the 23rd? BROCCHINI: Right. GERAGOS: Okay. What follow-up did you do with Mr. Watrose, if any? BROCCHINI: I just interviewed him. GERAGOS: Over the phone? BROCCHINI: Yes. GERAGOS: Okay. Is there anything that leads you to believe that he in fact had his times correct or did you double-check as to whether or not that was accurate? BROCCHINI: No, I believed him. GERAGOS: Okay. You believed him. Is there anything that you did to follow up with this Matt Laolagi, the ex-boyfriend, did you do anything to follow up on what kind of car that he drives? BROCCHINI: No. GERAGOS: Do you know in fact if any of those three people have access to a van? BROCCHINI: I don't know. GERAGOS: Okay. Do you know if in fact there was a van on the 26th and the 27th? Do you know when you, let's see, you came into the house on the 24th; is that correct? BROCCHINI: Yes. GERAGOS: When you came in the house on the 24th you checked Laci's purse, correct? BROCCHINI: I looked, I looked in it, yes. GERAGOS: And it appeared that it had not been disturbed, correct? BROCCHINI: Right. GERAGOS: Okay. Do you know, did you see her Social Security card on the 24th? BROCCHINI: No. GERAGOS: On the 26th and the 27th when you came back to the house and her, when I say her Social Security card, I'm talking about Laci's. While doing the search warrant, did you see her Social Security card on either the 26th or the 27th? BROCCHINI: I didn't. GERAGOS: Okay. Is it something that you would have made a note of if you had seen it? BROCCHINI: I didn't see it. GERAGOS: Okay. BROCCHINI: And I don't know. GERAGOS: Do you have a memory of knowing that? You did not see it, correct? BROCCHINI: I didn't look for it. I didn't look in her wallet and I didn't see it. GERAGOS: Okay. And did you see it on the counter or on the dresser or anything like that? BROCCHINI: I didn't see it. GERAGOS: Okay. Now, did you at some point determine any other whereabouts of Kim McGregor for the day of the 24th other than this phone call from somebody who claimed to have met her the night before? BROCCHINI: I had spoken to her mom and knew that they were there. She was home on Christmas. GERAGOS: On Christmas day? BROCCHINI: That's right. Christmas Eve. GERAGOS: At what time? BROCCHINI: She said they have, Christmas Eve. They have a Christmas Eve celebration at their house. I don't know what time. GERAGOS: Okay. So all you got from her was at some point on Christmas Eve she was, Kim McGregor was home? BROCCHINI: With the family, right. GERAGOS: Okay. Is it a fair statement at that point that that is the extent of what you did with Kim McGregor, your involvement? BROCCHINI: I was, I mean there was more interviews that I was present when she came in, but that's a fair statement that would be the end for me. GERAGOS: Okay. I'm asking you specifically, did you follow up on anything else in regards to any of these other people in that I have mentioned either the two roommates, Matt Laolagi, Robert Watrose, any of those people? BROCCHINI: No. GERAGOS: And specifically the eight items of clothing that she took, do you know what those eight items were that were recovered? BROCCHINI: From memory? GERAGOS: Yeah. If you don't, I'd invite you to look at your report and see if it refreshes your recollection. BROCCHINI: Banks, I think recovered those and itemized them. I didn't. But I did see them coming out of a garbage can and there were jackets. GERAGOS: Pants? BROCCHINI: Pants. GERAGOS: Okay. Did she say that she had been into both closets? If you need to refresh your recollection, please do. I just asked -- JUDGE: Were these described as men's jackets or women's jackets? BROCCHINI: They were men's jackets, Your Honor, but I, I mean I remember seeing some women's jackets, but I can't remember everything that was in the garbage cans. JUDGE: So it would appear to you to be men's clothing? BROCCHINI: Yes. GERAGOS: GERAGOS: And she had indicated in her interview that she had been in both closets in the house, isn't that correct? BROCCHINI: Yes. GERAGOS: And she admitted in her interviews, that besides being in both closets, in both closets you understood to be men's and women's, meaning Scott's and Laci's, correct? BROCCHINI: Yes. GERAGOS: Okay. When you had gone inside the house, the two closets that are, I think through another witness mentioned this, but I just want to make sure, both the master closet was Laci's, correct? BROCCHINI: Yes. GERAGOS: And the second bedroom where it says "duffle bags," the other bedroom that was Scott's, correct? BROCCHINI: Yes. GERAGOS: Now the, specifically she had said when she got in there she said she grabbed a bunch of clothes; is that correct? BROCCHINI: Can you tell me what you're looking at? GERAGOS: Sure. The interview, which would be 39940 and following. BROCCHINI: No, I don't have that. GERAGOS: Okay. Do you know when you, you specifically were asking her questions during that interview with another detective; is that correct? BROCCHINI: Yes. GERAGOS: And the other detective was Detective Holmes? BROCCHINI: It was Banks. GERAGOS: Okay. Do you remember doing an interview with Holmes? BROCCHINI: No. GERAGOS: Let me show you and see if this is, maybe somebody transcribed it wrong. I'm referring to 39941, it's 39942. It appears that both, there's two people identified as talking, Holmes, or three people, Holmes, McGregor and Brocchini; is that correct? BROCCHINI: I think it is. This has never been, I have never listened to the tape and went over the tape, actually. Whoever typed it probably thought Holmes was in there from the voice, but it wasn't Holmes. GERAGOS: So the way it's been identified here in the transcript is incorrect? As far as your memory, your memory is that it was not Detective Holmes, it was in fact Detective Banks? BROCCHINI: That's the way I remember it. GERAGOS: Okay. Now, you were asking her specifically, you and Detective Banks, of what she took; is that right? BROCCHINI: Yes. GERAGOS: Okay. And she said she went in the closet or both closets; is that correct? BROCCHINI: I don't remember. GERAGOS: Okay. And you specifically asked her, how many closets, and she said, well, there's two rooms, right, I just looked in everything? BROCCHINI: That's what she said. GERAGOS: Did you get a couple out of each, and she said, I think so? BROCCHINI: That's what she said. GERAGOS: Okay. Now, the, specifically you asked, Okay. Is any of it women's stuff? There was one pair of men's underwear. She said, maybe a couple, do you remember that? BROCCHINI: I don't. No, I don't. GERAGOS: Okay. I'll show you. This is 39943. If you want to just read right there where I have that yellow highlighter. BROCCHINI: I have to, I have to hear the tape to answer that correctly. To answer say that's correct or not because I don't remember that. GERAGOS: Did you ask her about specifically did she take any women's stuff and she said maybe a couple? BROCCHINI: I, I have to hear the tape, Mr. Geragos. GERAGOS: Did you ask her a couple of women's things, and she said, yeah, mostly I took the jackets and the pants outs of there? BROCCHINI: I have to hear the tape, Mr. Geragos. GERAGOS: Now, the, you asked her if she laid down on the bed; isn't that correct? BROCCHINI: I don't recall. GERAGOS: I'm referring to 39947, yellow highlighted portion. BROCCHINI: Yes. GERAGOS: Okay. Does that refresh your recollection? BROCCHINI: Yes. GERAGOS: Okay. You specifically asked her, I mean, so on the bed, did you lay on the bed? And she said, I may have. And you said, may have laid on the bed? And she said yes. Is that correct? BROCCHINI: That's correct. GERAGOS: All right. Now, also she told you that Scott was at the volunteer center one morning; is that correct? BROCCHINI: One morning? GERAGOS: Yeah, she had seen Scott at the volunteer center? BROCCHINI: She had seen Scott at the volunteer center. GERAGOS: Okay. And he was upset because you, meaning the detectives, had gone through the house and had taken his baby's sonogram picture and he was very upset about that? DISTASO: Objection, Your Honor, that's an improper hearsay. It doesn't go to the reasonableness of the investigation. If he wants to call Kim McGregor, call her. JUDGE: Well, it's 1250 evidence. DISTASO: Right, Your Honor, but it's hearsay as it, I mean he can call Kim McGregor and she can testify to that, that's probably true. But this hearsay he's trying to get in, not for the truth, but apparently for the reasonableness of the investigation clearly doesn't go to the reasonableness of the investigation. JUDGE: She's telling him that's what Scott Peterson said? GERAGOS: Right. He's very upset. JUDGE: It's double hearsay. GERAGOS: The exception is that it's 1250, state of mind. JUDGE: Well, state of mind, this is coming from another party so it's double hearsay. GERAGOS: Yes, but the exception would be that it's a spontaneous statement. JUDGE: The exception would be 1250, but it's double hearsay. GERAGOS: And a spontaneous statement. DISTASO: No, it's double hearsay. JUDGE: I think it's double hearsay. Sustained. GERAGOS: GERAGOS: Now, did you in fact, do you know if the detectives who executed the search warrant in fact took a sonogram picture? BROCCHINI: I know they did. GERAGOS: Okay. Now, you specifically asked Kim McGregor if she left anything of her own in the house when she burglarized the house, correct? BROCCHINI: Yes. GERAGOS: Okay. And what did she tell you? BROCCHINI: I can't remember if she said her coffee mug was there that she broke the window with, if that was hers or not. But I couldn't get her to admit the shorts were hers. From what I remember, I tried. GERAGOS: Okay. Now, the shorts that we're talking about are a black, the ones that I had questioned you before the break that Scott had told you I found some black cut-off sweats and you said you were going to have Banks recover those, correct? BROCCHINI: Right. GERAGOS: And to the best of your knowledge Banks has recovered those and they were placed into evidence; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And she would not admit that she left those there, would she? BROCCHINI: She didn't, not that I remember. I couldn't get her to admit to that. GERAGOS: And that was something that you were interested in, is that correct, is what those sweats, how those sweats got there? BROCCHINI: Yes. GERAGOS: Now, did you specifically ask her about the packages, the Christmas presents that were wrapped around there? BROCCHINI: I think I asked her. GERAGOS: And do, did she tell you why she had opened up the Christmas presents? BROCCHINI: I can't remember. GERAGOS: Okay. The first time you had asked her about where she was on Christmas Eve, she told you that she worked from 8:30 to 2:00 o'clock; isn't that correct? BROCCHINI: I don't, can I look at that? GERAGOS: Sure. This is page 39960. BROCCHINI: Where are we looking at? GERAGOS: This. Christmas Eve. BROCCHINI: I'd have to hear the tape, Mr. Geragos, to say that's correct or not. GERAGOS: Okay. I am going to read it to you. If you don't remember, say you don't remember, then I can play the tape. BROCCHINI: Okay. GERAGOS: Did you ask, okay. Tell me, DISTASO: Your Honor, I'm going to object. It's not an inconsistent statement which I guess which the defense is trying to do now. He gave it to him to refresh his memory. He said he asked to hear the tape. JUDGE: His memory hasn't been refreshed so he can play the tape. DISTASO: I agree, but he can't read his transcript to him. He can play the tape after the lunch break, of course. JUDGE: Overruled. GERAGOS: Okay. Tell me about them, then. Christmas Eve, what did you do. Christmas Eve, um, I worked until, I think I worked 8:30 to 2:00 o'clock. And you said after the pediatric place was open? Yeah, we're open every single day, even both days, Thanksgiving? And you said so you worked Christmas Eve, 8 a.m. to 2:00 o'clock. Does that ring a bell as to what she said? BROCCHINI: I can't say for sure. I mean, it's been so long. I have to hear it. But, yeah, it seems right, but I can't say that transcript was right even. JUDGE: I wonder if it would be possible to let the jury go to lunch, you play the tape for this officer and you can put him back on the stand. GERAGOS: Yeah. I was trying to avoid, as you know. JUDGE: I understand. Apparently -- GERAGOS: I would rather have him listen to the tape and refresh his recollection and make this go a lot faster. JUDGE: Yeah, well -- GERAGOS: That's fine. JUDGE: Is there some other area you can refer? GERAGOS: No, this segways into what I am going to do next. JUDGE: Do you have the tape here so maybe we can play it for him? GERAGOS: No, but I can get it. JUDGE: Can you get it here so you can play the tape of this interview? GERAGOS: Sure. JUDGE: And there's no other subject you can do? GERAGOS: Not right, I'm just trying to knock him off and -- JUDGE: All right. This is not getting us anywhere because the officer doesn't remember the tape. So in order to save some time, we have to take the 25 minutes now, we'll play the tape for the officer and when he comes back he can ask him some questions. And after he's heard the tape whether or not it refreshes his recollection and then the cross-examination will probably go a lot faster. Okay. All right. So we'll take the noon recess. We'll reconvene at 1:30. Remember the admonition I have heretofore given you. We'll see back here at 1:30. And when you can play the tape? Mr. Geragos, when can you play the tape? Can you play it before 1:30? GERAGOS: Yeah, I'll have it here at 1:00 o'clock. JUDGE: Okay. Can you be back at 1:00 o'clock? BROCCHINI: I'll be here. JUDGE: All right. You don't have to be back until 1:30. So 1:00 o'clock they'll play the tape so see you at 1:30. JUDGE: All right. This is People versus Peterson. Let the record show the defendant is present with counsel. The jury is in the jury box along with the alternates. Detective Brocchini, were you able to listen to the tape over the noon recess? BROCCHINI: I did, your Honor. JUDGE: Okay. All right. He's heard the tape. BROCCHINI: I listened to the tape up until this transcript ended. That's about one hour's worth. JUDGE: All right. About an hour's worth. BROCCHINI: Yes. GERAGOS: Judge, may I inquire? JUDGE: Sure, go ahead. GERAGOS: Detective, the tape we're talking about is, so I'm sure, you have the transcript there? BROCCHINI: Same one that I had referred to, the 39900. GERAGOS: That's it. Hold on to it. I have some questions. Does that refresh your recollection, obviously when we were talking this morning you had not reviewed it, I guess, for a while? BROCCHINI: I had never reviewed it. I mean I sat in on this interview, but I had never reviewed it. And the transcript that you are holding and the one I'm holding is inaccurate. It's accurate up to a point. But it's, there is a lot of mistakes in it. GERAGOS: Okay. And the transcript is prepared by who? BROCCHINI: Just, well this one was prepared by a clerk at the Modesto Police Department. GERAGOS: Okay. Now, the, go back to where I think we left off at. She indicated that when she was inside, and she, I'm talking about Kim McGregor, that at some point she used a coffee cup, and she hit the glass by the door handle; is that correct? BROCCHINI: Not when she was inside. That's when she was outside. GERAGOS: In order to get inside. BROCCHINI: She used the coffee cup to break a pane in the French doors. GERAGOS: Okay. And just so that we're clear, the same French doors that are right next to the dining room, correct? BROCCHINI: Yes. The north ones. The ones on the -- GERAGOS: She said once she was inside she called a friend, right? BROCCHINI: Yes. GERAGOS: Okay. And did you ever talk to that friend? BROCCHINI: Yes, I did. GERAGOS: And then she said she started to go around the house; is that correct? BROCCHINI: Yes. GERAGOS: Walk around the house. DISTASO: I'm going to object as hearsay. You know. The proper way to do this, he objected to me in the same way when I was doing this, was, you ask the detective, did you get some information? What did you do based on that information? Not go through basically, you know, every single thing said in the police reports or transcripts. GERAGOS: I'm not going through everything single thing. I'm asking specifics. Which I then want to see what he did to investigate. That's exactly what I'm doing. JUDGE: Overruled. GERAGOS: Now, at some point she indicated that this, that she had gone into the closet areas, correct? BROCCHINI: She did. GERAGOS: So that we're clear, I was asking this morning the closet areas in the master bedroom, correct? BROCCHINI: Yes. GERAGOS: And that's Laci's closet, and the second bedroom which is Scott's closet? BROCCHINI: Yes. GERAGOS: Okay. Then you asked her specifically about what she was doing with these packages under the Christmas tree, right? BROCCHINI: No. I asked her what she did with the wrapping from the packages. GERAGOS: Is that what you are talking about? BROCCHINI: Yes. GERAGOS: Yes. Okay. And she couldn't give you an answer to that; isn't that correct? BROCCHINI: She thought she just left it on the ground. GERAGOS: You knew that wasn't the case, correct? BROCCHINI: Yeah. I think it was in the garbage can. GERAGOS: Okay. She denied putting it in it garbage can, correct? BROCCHINI: No. She said she couldn't remember. She was intoxicated. GERAGOS: Okay. Now, the, specifically she also said that she, did you ask her if she was by herself? BROCCHINI: Yes. GERAGOS: What did she tell you? BROCCHINI: She was. GERAGOS: You received information that there were three women there later, about an hour and a half later; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And you received that from Amy Krigbaum? BROCCHINI: Yes. GERAGOS: Did you also receive information from Karen Servas about there being multiple people there? BROCCHINI: No. GERAGOS: Did you try to, did you try to find out who those three people were? BROCCHINI: I don't recall. GERAGOS: Did you try to, do you know if there was a license number that was obtained? BROCCHINI: There wasn't not on that. Karen Servas got the license plate number of another female that came a few months later and went in the house. And she gave me that license plate number. GERAGOS: Now, at a certain point she said you started talking about this, I think where we were, you were saying you didn't remember, and I'm at 39941. Do you have that in front of you? BROCCHINI: 3994, I do. GERAGOS: You were, down toward the ends you were asking her, do you know, did you open up anything, you know, like an armoire? And her answer was that, "I think I opened everything," correct? BROCCHINI: Yes. GERAGOS: And you said, "Did you? You opened everything?" She said she thinks so, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, the stuff, you referred to this stuff we just got. Now, what are we talking about there? BROCCHINI: The clothing that we recovered out of the garbage cans. GERAGOS: Okay. And the clothing out of the garbage cans, you asked where did it come from, correct? BROCCHINI: Yes. GERAGOS: She answered out of both rooms, or the closet. Well there is two rooms. Is that how she answered? Specifically 39942. Do you know where any of, can you say for sure where any of these clothes came from? Is that what you asked her? Top sentence. BROCCHINI: Yes, that's what I asked her. GERAGOS: She said just hanging in the closet. You said, how many closets? She says two rooms. Right. And I just kind of looked in everything. And you asked, did you get a couple out of each? Just random. Is that right? BROCCHINI: I think, yes. GERAGOS: Then specifically on the next page, I asked you, did you ask her about any woman's stuff? And I think that's 39943. BROCCHINI: Okay. GERAGOS: Okay? Now, you asked her, okay, is any of it woman's stuff? There was one pair of men's underwear. Is that what you asked? BROCCHINI: Yes. GERAGOS: And she said maybe a couple? BROCCHINI: Yes. GERAGOS: A couple women's things? BROCCHINI: That's what I said. GERAGOS: Okay. And she said, yeah, mostly I took the jackets and pants out of there? BROCCHINI: No. GERAGOS: Out of there? BROCCHINI: No. She said, yeah, mostly sweat shirts and jackets. And I can't tell if they are male or female. GERAGOS: Okay. In the transcript that Modesto PD did, it says, yeah, mostly I took the jackets and pants out of there. Isn't that correct? BROCCHINI: That's what that says, but that's incorrect. GERAGOS: You didn't hear it as, yeah, mostly I took the jackets and pants out there. What did you hear it as? BROCCHINI: I just watched it on a video. And I remembered it. And she says, yeah, mostly sweat shirts and jackets. And I e 22 can't tell if they are male or female. GERAGOS: Okay. Now, specifically then you asked her, this is at 39947, if she laid down on the bed. Do you know what bed you were, that you were referring to? I'm not going to ask you what she was, I'm unless you know. What bed were you referring to? BROCCHINI: Well, there is two beds in there. But I was probably referring to the one in the master bedroom. GERAGOS: Okay. Now, then, at 39948 you started asking some more questions about where these clothes came from, correct? BROCCHINI: Okay. GERAGOS: Okay? Now, did you ask her, So where did you take the jackets and shirts from? BROCCHINI: Yes. GERAGOS: Okay. And she said the bedroom? BROCCHINI: Yes. GERAGOS: And then you said all of them came from the bedroom? BROCCHINI: Yes. GERAGOS: Okay. And then you, she said the one straight down the hallway; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now, straight down the hallway would be the master bedroom, correct? BROCCHINI: Yes. GERAGOS: And master bedroom, the master closet is Laci's closet? BROCCHINI: But that's not the one she took the stuff out of. GERAGOS: That's what she told you, isn't it? BROCCHINI: No. She said, GERAGOS: One straight down the hallway is that what she said? BROCCHINI: No. She said the one with the dress shirts in it. GERAGOS: That was up above, she said. Which bedroom, do you remember? And she said the one straight down the hallway. Isn't that correct? BROCCHINI: Can I look at a little bit before and a little bit after? GERAGOS: Sure. BROCCHINI: Yeah, she didn't know which one. GERAGOS: Then you started to try quiz her on that to see if you could figure it out by asking her whether she saw women's shoes or not. BROCCHINI: I quizzed her on, she was telling me it was the one with the dress shirt in it. So I asked her which one has got the dress shirts in it. She couldn't remember. GERAGOS: Then she said, then you said, did one of them have women's shoes? BROCCHINI: That's right. GERAGOS: Okay. And you then asked her again, did one of them have women's shoes and one of them have men's shoes? She said she didn't remember. Is that right? BROCCHINI: That's correct. GERAGOS: Now, the reason you are trying to do that is to determine which of these closets she was referring to where she got the clothes, right? BROCCHINI: I was trying to see if she knew which closet she got them out of. GERAGOS: Okay. And she says that she was scurrying, I mean I don't remember specifically shoes, right? BROCCHINI: Yes. GERAGOS: Okay. She just went on doing it. So I got around, like we went out to the top. And Scott was telling me that they went through his house and everything, and take this baby sonogram pictures and stuff. And he was upset about that. Is that right? That what she was telling you? BROCCHINI: You skipped a whole bunch stuff that she told me. But if I jumped down there, GERAGOS: Isn't that what she said? BROCCHINI: No, she, right. GERAGOS: Right on here? BROCCHINI: Go ahead the whole paragraph is wrong. I just watched it, so I'm not going to, GERAGOS: Did she say that, And telling me that they went through his house and everything, and like took his baby sonogram picture, and stuff. And he was upset about that. DISTASO: Objection, your Honor. It's the same objection as basically trying to get in the information that was previously objected to and sustained. JUDGE: She's not saying what he said. She was describing his reaction. DISTASO: Right, judge. But how is what she saw, and then what she's saying she saw then, the hearsay that she's passing on to this detective, how is that relevant as to what this detective did in his investigation? Because right now with a, here is my problem right now, we're trying, we have all these statements from all these witnesses that the detective has testifying to from his police reports that this jury has not seen. And so right now, GERAGOS: Is this going to be a speaking objection? DISTASO: If it is, judge, I need to address it. I need to address it with the Court. GERAGOS: That's fine. Want me to excuse the jury again? DISTASO: I want to address it with the Court. So I don't need to do it, JUDGE: We can't have a sidebar conference. It has to be on the record. If you want I'll send the jury out. DISTASO: It will take me about five minutes. I do need to address this with the Court at this time. I'm happy to do it right now. JUDGE: We'll have to do it out of your presence. So we'll send you out. This should take five minutes. We'll bring you right back in. You can leave your books there. This will only take a few minutes. JUDGE: All right, let the record show the jury has filed out. Go ahead, Mr. Distaso. DISTASO: Judge, here is my problem. What's happening is the detective is basically, we went through an entire police report where Mr. Geragos read the entire police report, witness statements that he took, or that even other officers took. That's not even his police report you have. And so told Officer Sebron Banks that this happened. All of this information is coming into the jury with that, oh, so and so told you this, and they are writing it all down that she told you this, she told you this. She told you that. That's not at all admissible. It's clearly not admissible for the truth of the matter. This jury does not understand that, because we have had, ad nauseam, witness after witness statements come in through this detective. Perfect example Amy Krigbaum testified in this trial. If he wanted to ask Amy Krigbaum about what she saw in this burglary, have at it. Karen Servas already testified in this trial. If you want to ask Karen Servas about what she saw that night, have at it. But now we have him basically impeaching a witness who hasn't even testified about that particular subject. And so this jury is getting all this information. They can't, you know, filter out. They don't understand when the Court says just every once in a while it's not offered for the truth, kind of thing. So basically my objection is this. He objected to the exact same thing, because when I was doing that, you know, remember he objected. I said no, judge, you remember, you got to do it this way. You got to put in, you got to say okay, you got some information, not what it was. I wasn't allowed to put that in. You got some information, what did you do based on that information? If they want to bring the information in, bring these witnesses in. Bring in Kim McGregor. I'd be happy to have her come testify at this trial. And that's what the Court ruled for me. Today, this morning, we have had an entire, basically an entire event testified to through Detective Brocchini. That's pure hearsay. And that's my problem. JUDGE: Okay, go ahead. GERAGOS: I was just going to say we, as the Court will remember, the characterization I think is totally unfair to this court. We had a lengthy discussion about 1250, the impact of Crawford on 1250. We had a lengthy discussion in terms of why I believe that when they were bringing out all of this 1250 material, that Crawford would impact this. That was on the record in chambers. On the record in chambers. In fact, we discussed this for, I would say, at least twenty minutes, and the objection was overruled. JUDGE: Your objection was overruled. GERAGOS: My objection was overruled. Now, because they are hoisted on their own pitard, he's up here claiming, or misrepresenting I think is the best spin you can put on it as to what transpired in this case. DISTASO: Not me. JUDGE: I don't think that's what he was saying. I don't think that's what you were saying. I think that the distinction, Mr. Distaso, I could be in error, I don't think so. But the distinction is, is that it wasn't. Here we have a police officer. The inference has been raised that there has been a rush to judgement by the Modesto Police Department, that they decided, they zeroed in on Scott Peterson and discarded all this other information, so the reasonableness of this conduct, what he did, is an issue here. So, under the law, there is caselaw on this, is that what he's been told, how did he act on it, and was it reasonable what he did. So I think that's the reason why I'm letting all this information in. Because there is an issue as to the reasonableness of the police officers' conduct. What did he do as a result of this information, okay? If they don't hear the information, they don't know whether his conduct was reasonable or not. DISTASO: Except for, perfect example this morning, judge, we had a kind of dispute over what the testimony was about that Tracy incident with the heat signal, that kind of thing. And counsel said, no, it's exactly, the facts are this, that they went out there, and they looked with this camera, and all that. None of that was offered for the truth of the matter. JUDGE: Okay. Then the objection should be assuming a fact not in evidence, or something similar, clued me in, what your point is. But I already explained to you the reasonable person's conduct is at issue. The statements of others on which he or she acted are admissible and not hearsay. Okay. And issue, again, is the reasonableness of Detective Brocchini's conduct in conducting this search. GERAGOS: There is also a separate and distinct basis for admissibility, which is a declaration against penal interest. I mean notwithstanding everything else, there is still a declaration against penal interest. JUDGE: Well, I think my recollection, going back to that exception, I think that the declarant has to be unavailable; isn't that right? DISTASO: That's correct. JUDGE: And Miss McGregor, I don't believe, where is she? GERAGOS: Certainly unavailable. JUDGE: Is certainly not unavailable. DISTASO: One final thing, then, judge. If we could then do this. Because I don't think the, I don't see how the jury can make the distinction. They are not lawyers. We're talking about these technical legal points. If the Court then, every time a witness starts to testify, I'm not saying every time he asks about an, asked the detective about five or six, I'm not talking about every time a police officer, if he was, the Court give the admonition. Ladies and gentlemen, all of this information that you are going to hear from these hearsay statements is not offered for the truth. You cannot consider for the truth whether Miss McGregor even did this burglary. JUDGE: I think, again, I don't want to interrupt. I think I mentioned two or three times that this is being offered, I said this goes to the reasonableness of the officer's conduct. I think I have said that. GERAGOS: I don't think it's appropriate mid-witness to continually do this kind of objection argument by statement, or mini closing, or mini cautionary instruction every time. The Court has done, the Court's talked about the reasonableness. You know. Why could we assume the jurors are dumb? JUDGE: I'll make a Solomon-like decision. If Mr. Distaso requests the Court to do it, the Court will be glad to do that. That it's not being offered for the truth. It's to explain the reasonableness of this officer's testimony. That's not the reason we took this recess is because Mr. Geragos asked Detective Brocchini whether or not the defendant was upset about the fact that these photographs were taken, these of his child. GERAGOS: The sonogram. JUDGE: Sonogram of his child. That was the reason why we took this recess. Now, you know, he's testifying as to his, DISTASO: That's the problem. She's not testifying. JUDGE: I'm going to sustain the objection as to that. Okay? Ask the jury to disregard that. Because, again, it's calling for, it's calling for her opinion and conclusion as to what his conduct was at the time. And I don't think that's admissible. But just so everybody understands, that's the reason why this information is being allowed. Now, in your case that you cited, I don't recall, I don't remember who the witness was or who was testifying, I don't know. I don't think it was Detective Brocchini. But that's the issue here. Was his conduct reasonable? The whole big thing is floating around out there that this narrowed in on Scott Peterson. He didn't check out anybody else. So what he heard and did as result of the information he received the jury has to hear that to see whether or not Detective Brocchini's conduct was reasonable or unreasonable. Coming to the various conclusions that he made in his case. Why Mr. Geragos's client got arrested. I think that's the whole point. There is caselaw on that. DISTASO: That's fine. I'm, JUDGE: If you say, judge, would you admonish the jury, that this is not being offered for the truth. Being offered to explain the officer's conduct, fine. I'll be glad to do that. DISTASO: I would ask the Court when the jury comes in if he could readmonish the jury. JUDGE: All right. Okay. Bring the jury back in. Also a jury instruction that covers that. GERAGOS: I don't think this is the appropriate time to do the repeated admonishment. JUDGE: Do you want me to do it now? GERAGOS: At the time when you do read the instruction. JUDGE: All right. Let the record show the jury is back in the courtroom. All right, ladies and gentlemen of the jury, there is one issue I want to clarify for you, so there is no confusion. I have been letting a lot of evidence in on this case as to what this officer was told, and what he's done, and what he's done as a result of the information that he received. This evidence goes to the reasonableness of his conduct. You know. They told me, one, two, three. I heard this, what did I do about it? I did A, B, and C. Okay? That's why this is coming in. Whether or not, it's not being offered for the truth that that's in fact what happened. It's what he was told, and based upon what he was told what did he do. At issue is Detective Brocchini's reasonableness in the conducting of this investigation. Okay. Okay? Go ahead, Mr. Geragos. GERAGOS: Thank you. GERAGOS: Now, detective, 39950. Do you have that in front of you, that page? BROCCHINI: I do. GERAGOS: You asked her specifically, did you leave anything of your own in there; isn't that correct? BROCCHINI: Yes. GERAGOS: Okay. And the reason for that was, at that point, what date was this interview, were you able to determine when you reviewed the videotape the date of this interview? BROCCHINI: This interview was from 1-20 of 2003. And it was Detective Banks. And Detective Holmes was never involved. GERAGOS: Says Detective Holmes as one of the people on side here. Whoever transcribed this had the wrong detective? BROCCHINI: That's correct. GERAGOS: Okay. Now, at the time you did this interview with Miss McGregor, were you aware of the information that Scott Peterson told you about the black cut-off sweats? BROCCHINI: Yes. GERAGOS: Okay. And based on that, you asked her if she had left anything of her own in there, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, did you, when she said, no, no, it wasn't where I changed the white sweats with the little, see that? BROCCHINI: Yes. GERAGOS: Okay. She was denying that she left anything in there, correct? BROCCHINI: No. GERAGOS: Did she say that she left something in there? BROCCHINI: No. From that question you asked me, for about the next five or six sentences, aren't even in this transcript. Because that's when the audiotape went from side A to side B. I marked it here, so I watched the video. And I could see it stops right there, goes about five sentences, and the answers. Then it starts right there at, no, no, it wasn't where I changed the white zip up. I was asking her at that time what was she wearing. She said I had black boots and I had a, she told me she a white zipped shirt on. She said, no no, it was a white zip up sweatshirt. GERAGOS: Did you show her at any point the black cut-off sweatpants? BROCCHINI: No. GERAGOS: Did you ask her what size pants she wears? BROCCHINI: No. GERAGOS: Did you take the black sweatpants, black sweatpants, by the way, have some hairs on them, do they not? BROCCHINI: I don't know. GERAGOS: Did you ever check to see, examine the black sweatpants? BROCCHINI: I never looked at them. GERAGOS: Did you ever go in to evidence, or direct that anybody else take a look at the black sweatpants? BROCCHINI: I did. GERAGOS: Did you ask that they be checked forensically by the Department of Justice? BROCCHINI: I didn't ask. GERAGOS: You did not? BROCCHINI: I did not. GERAGOS: Do you know did if anybody else did? BROCCHINI: I think they were sent up to Department of Justice, but I don't know for sure. GERAGOS: Okay. Now, did you take any samples, hair samples from Kim McGregor? BROCCHINI: No. GERAGOS: You have done that from other witnesses, correct? BROCCHINI: Yes. GERAGOS: Including Amber Frey? BROCCHINI: I didn't. GERAGOS: Did you direct that that was done? BROCCHINI: No. GERAGOS: There were blonde hairs found in various items; isn't that correct? BROCCHINI: I don't know. GERAGOS: You reviewed reports in connection with this case, other than your own? BROCCHINI: No. I mean if I say, no, I didn't review any, I would be lying. But if I, I reviewed 37 or 39490 or 50, I have not reviewed any that said what you just asked me. GERAGOS: So you haven't seen anywhere where there has been either blonde hair or animals hairs referenced on various materials? BROCCHINI: No. I have read about animals hairs referenced on material. GERAGOS: How about blonde hair? BROCCHINI: No. GERAGOS: You didn't ask her to give you a sample of any kind? BROCCHINI: No, I didn't. GERAGOS: You didn't show her, BROCCHINI: I'm sorry. Just fingerprints and photographs of her is all I asked for. GERAGOS: Did you, you did book into evidence, as far as you know, they can sent these black sweatpants to Department of Justice, correct? BROCCHINI: I think so. I don't know for sure. GERAGOS: Did you ever confront her with the sweatpants and say, "Are these yours?" DISTASO: Objection. Been asked and answered. JUDGE: Sustained. GERAGOS: Do you know if anybody ever did besides you? BROCCHINI: No. GERAGOS: She was confronted with the actual sweatpants? BROCCHINI: No. GERAGOS: Not with the actual sweatpants? BROCCHINI: I don't know. GERAGOS: Now, did you ask her who she was hanging out with that evening? I mean you knew at this point when you were talking to her that there were three people who came back, correct, that had, were three women you had gotten for, an hour and half after she left, three women showed up, right? BROCCHINI: Yes. GERAGOS: Did you ask her anywhere in this interview if she was one of those three? BROCCHINI: No. GERAGOS: Did you think that was important? BROCCHINI: No. GERAGOS: Did you ask her if, once she left the house, if she came back to the house with anybody? BROCCHINI: No. GERAGOS: Okay. Now, going back to the time where I was asking you about, this is on page 39960, have you watched that portion of the tape that corresponds to this portion of the transcript? BROCCHINI: Yes. GERAGOS: Now, you specifically were asking for where she was, correct? BROCCHINI: Where she, GERAGOS: Where she was on the 23rd and 24th. BROCCHINI: Yes. GERAGOS: Okay. Now, she says on Monday the 23rd I was so busy the day, and the day before Thanksgiving. Is that how she answered you? BROCCHINI: Can you tell me where you are? GERAGOS: About directly, exactly midway through the page on 39960. BROCCHINI: Tell me my question. GERAGOS: What did you do, BROCCHINI: What did you do, I think, on that Monday at 23rd? GERAGOS: Right. BROCCHINI: Uh-huh. GERAGOS: Her answer? BROCCHINI: I was so busy the day before Thanksgiving. GERAGOS: And then you, correct. All right. You said you know, you were asking about Christmas Eve? BROCCHINI: Yes. GERAGOS: Now, did you ask her tell me about then Christmas Eve, what did you do? Is that the way you heard it on the tape? BROCCHINI: Yes. GERAGOS: Okay. And she said what? BROCCHINI: Christmas Eve I worked until, I worked I think 8:30 to 2:00. GERAGOS: Okay. Now, did she tell you where she worked? BROCCHINI: Yes. GERAGOS: Okay. And you said, So you worked Christmas Eve 8:00 a.m. to 2:00 o'clock. Is that correct? BROCCHINI: Yes. GERAGOS: She said, yeah, I worked, I think. That's on the top of 39961? BROCCHINI: Yes. GERAGOS: Okay. Then you asked her, Okay, now how about the day before, 8:30? Who lives with you, right? BROCCHINI: Yes. GERAGOS: Okay. Now at some point did she break off from the conversation at that point, in some way in the middle of the page there? Did she make a phone call? BROCCHINI: Yes. GERAGOS: So in the middle of you interviewing her, she says that she was working o December 24th from 8:00 a.m. to 2:00 p.m., correct? BROCCHINI: That's what she said. GERAGOS: And then she makes a phone call? BROCCHINI: No. GERAGOS: She received a phone call? BROCCHINI: Then she said that she was working, then she couldn't remember for sure. Then she said, Let me call my daughter and ask her. GERAGOS: You said she was going to text her. She called her daughter. How old was her daughter at that point? BROCCHINI: 11 or 12. I don't know for sure. I can't remember. GERAGOS: Okay. After she talks to her 11 or 12 year old, then she comes back, you start talking to her, right? BROCCHINI: Yes. GERAGOS: Okay. She said, you asked her about Monday. That would have been the 23rd, right? BROCCHINI: Yes. GERAGOS: Okay. She said she doesn't know if she worked on or not, correct? BROCCHINI: Right. GERAGOS: Okay. And then on the next page, 39962, she says, I know that I'm thinking, because I went to work, he took me right back off after two weeks for four weeks. So I didn't seem to work. I think I was referring to Thanksgiving. Then you say, So you didn't work. She says, No. You said Christmas Eve. She says, No, I don't think so. And then, okay. When was the last time you worked? She said, Friday. Is that correct? BROCCHINI: Yes. GERAGOS: So at that point she told you that she was working on Christmas Eve day, the 24th from 8:30 to 2:00, correct? BROCCHINI: That's what she said in the beginning. GERAGOS: Right. Then she made a phone call, and then she changed that, correct? BROCCHINI: Yes. GERAGOS: Then she said, did you ask her where she worked? BROCCHINI: I knew where she worked. GERAGOS: How did you know where she worked? BROCCHINI: She told me. GERAGOS: Where was that? BROCCHINI: Pediatric doctor's office in Oakdale. GERAGOS: When did you go to that pediatrics office in Oakdale to get her work records? BROCCHINI: I never did. GERAGOS: Did you ever call there? BROCCHINI: I spoke to several of the nurses that worked there. GERAGOS: Okay. Did you write that in a report? BROCCHINI: Yeah. GERAGOS: Do you have that report handy that you can refer to? BROCCHINI: No. But I did write it in a report. GERAGOS: Do you know where? BROCCHINI: No. I would have to, might take me a little while. We took tips. GERAGOS: You come back to it, BROCCHINI: Took tips from those girls that called in. GERAGOS: When did they call in? BROCCHINI: I don't recall. GERAGOS: Did they call in, or did you call them? BROCCHINI: I think they called in. GERAGOS: When was that? BROCCHINI: After this interview. GERAGOS: Okay. Was this interview publicized in any way? BROCCHINI: No. GERAGOS: Did you put out, I mean did it get covered in the Modesto Bee in some way, this interview? BROCCHINI: No. GERAGOS: She is telling you that first she was working, and then the second, the next page she is telling you, shortly thereafter, she is telling you she wasn't working. Did you, at that point did you become suspicious of her? BROCCHINI: No. GERAGOS: Now, at some point she told you that she had gone to a movie; is that correct? BROCCHINI: No. She said she dropped her daughter off at the movies. GERAGOS: Okay. You think you went and took your daughter to the show, right? BROCCHINI: Yes. GERAGOS: And she said that she dropped her daughter off at a movie called "Hot Chicks"? BROCCHINI: That was the name of the movie. GERAGOS: Okay. BROCCHINI: "Hot Chick". GERAGOS: "Hot Chick"? BROCCHINI: He she said "Hot Chick" or something hot. I can't remember. GERAGOS: Okay. And when did you believe that she was talking about what day? BROCCHINI: Monday. GERAGOS: That would have been the 23rd? BROCCHINI: Yeah. GERAGOS: She is still at that point explaining to you where she was on the 24th? BROCCHINI: Not yet. GERAGOS: Okay. If she is sure she had worked, now was unsure, then you were backing her up to talk about the 23rd, correct? BROCCHINI: Yes. GERAGOS: Okay. That's when she tells you about this friend of hers, correct? BROCCHINI: Go ahead. GERAGOS: That's when she told you about the friend? Mr. Lalogi, L-a-l-o-g-i? BROCCHINI: Yes. GERAGOS: When, did you go out and talk to Lalogi in person? BROCCHINI: No. GERAGOS: You just made a phone call? BROCCHINI: Yes. GERAGOS: And did he confirm the times that she told you when she saw him? BROCCHINI: Yes. GERAGOS: And did you go and interview his roommates? BROCCHINI: No. GERAGOS: Did you ask him what kind of car he drives? BROCCHINI: No. GERAGOS: Did you ask him if he had access to a van? BROCCHINI: No. GERAGOS: Now, had you, at that point when you talked to Lalogi, had you determined where she was on the 24th? BROCCHINI: At the point I talked to Lalogi? GERAGOS: Yes. BROCCHINI: I don't know for sure. GERAGOS: Okay. When was the first time that you believe you had, in your own mind, determined where she was on the 24th? BROCCHINI: On the, on January 23rd. GERAGOS: And was that as a result of talking to somebody? BROCCHINI: Yes. GERAGOS: And that's the gentleman that we talked about before we took the break? BROCCHINI: Yes. GERAGOS: That's the person who she said, I'll have him call you? BROCCHINI: Yes. GERAGOS: After she said she couldn't remember, she said, then called back and said, I'll have this guy a call? BROCCHINI: That's correct. GERAGOS: Okay. Now, at that time, were you aware that there was a Modesto Police flyer asking for information regarding the burglary across the street from the Peterson household? BROCCHINI: I knew there was a flyer. GERAGOS: Were you aware of what was contained on the flyer? BROCCHINI: I remember some of the things. I'd have to look at it to be sure. GERAGOS: Okay. See if Mr. Harris can find that. Is this the flyer? BROCCHINI: Yes. GERAGOS: May I mark that as defendant's exhibit next? JUDGE: Next in order. That would be NN. Reward Flyer JUDGE: I assume there was more than one flyer. What's the date of that one? I assume there was more one flyer. What's the date of that one? Can you tell? GERAGOS: I don't think it's, you can't tell. This is the flyer that you are aware of that had to do with the $1,000 reward? JUDGE: That will identify it for me. Thousand dollars reward. BROCCHINI: Yes. GERAGOS: Okay. Now, this flyer specifically was distributed some time that first week of, actually the last week of December; is that correct? BROCCHINI: I don't know for sure. But, yes, right around there some time. GERAGOS: The suspects were three dark-skinned males, not African-American; is that correct? BROCCHINI: That's what it says. GERAGOS: And it says an older model full size van, tan or light brown in color. And then short in stature. Do you know, did you do any investigation to find out what the size or the height of this Lalogi was? BROCCHINI: No. GERAGOS: Did you do anything to find out how tall the roommate, two Hawaiian roommates were? BROCCHINI: No. GERAGOS: This number 342-6166 that's on the bottom. BROCCHINI: That's a Modesto Police Department number. I don't know whose it is. GERAGOS: Okay. Now, her ex-boyfriend, she gave you another name of somebody. This Ron, last name, W-y-r-s-c-h, lived on, page 39964? BROCCHINI: She says she saw him at the mall, right. GERAGOS: What did you do to follow up with him, nothing? BROCCHINI: Nothing. GERAGOS: Never talked to him? BROCCHINI: No. GERAGOS: And then she said she also saw somebody at the mall my cousin Carrie, then gave a last name, correct? BROCCHINI: Yes. GERAGOS: What did you do to follow up with the cousin Carrie? BROCCHINI: Nothing. GERAGOS: She said her husband, I guess her cousin Carrie's husband was with her; is that correct? BROCCHINI: That's what she said. GERAGOS: You didn't talk to him either, did you? Did you? BROCCHINI: No. GERAGOS: Now, at some point you made a phone call, after this interview you then called her back; is that correct? We had discussed this morning about a phone call. I'm referring specifically to 39974. JUDGE: Is that the 1-20? GERAGOS: I believe it's after the 1-20 interview. BROCCHINI: I don't have that. GERAGOS: Let me bring you the binder. Take a look at what's Bates marked in the bottom right hand corner as 39974? BROCCHINI: Okay. GERAGOS: That's a phone call that you made to her after the interview that we have just been talking about? BROCCHINI: Yes. GERAGOS: Okay. Now, in that interview, that's the one that we talked about this morning where you confronted her with the fact that she had other items? Where she had stolen other items? BROCCHINI: Yes. GERAGOS: Now, specifically do you want to go to 39977? BROCCHINI: Go ahead. GERAGOS: Do you have that? BROCCHINI: Yes. GERAGOS: Okay. Now, you told her at that point that there was, were some sweat shorts; is that correct? There is a pair of sweat shorts? BROCCHINI: Yes. GERAGOS: They don't belong, they were on the bed. They don't belong to Laci. They don't belong to Scott. They are dark colored, cut-off sweatpants, correct. BROCCHINI: Yes. GERAGOS: She said I do have a pair of light gray that were long pants that I cut off. But these are like wash and worn, and wash and worn, cuz I have worn those shorts now for a couple of years. Couple of years. Is that what she told you? BROCCHINI: Yes. GERAGOS: Now, is that the last time that you talked to her? BROCCHINI: No. GERAGOS: Okay. Did you have one more conversation with her, do you remember? BROCCHINI: I have had, I have had some more conversations with her than that. GERAGOS: Okay. And the specific conversation that you had with, or the last conversation that you had with her, was that the one where she said somebody is going to be calling, and then the gentleman called, and said she dropped off some keys? BROCCHINI: No, that's not the last conversation I had with her. But I had that one. GERAGOS: You had that one. Guy calls and says that he got keys dropped off, correct? BROCCHINI: Yes. GERAGOS: Okay. And then after that, how long before you had another conversation with her? BROCCHINI: She calls me off and on periodically every time something comes out. GERAGOS: Okay. BROCCHINI: And has concerns. Either or somebody knocks on her door, or somebody bothers her. GERAGOS: Okay. Now, was that, in your mind, did you close down the investigation in terms of her at that point? BROCCHINI: Yeah. Well, she was interviewed some more, not by me, by other people. But, in my mind, she's eliminated. Well, she's been investigated, and I don't think she was involved. GERAGOS: Okay. Now, you also interviewed a Kristin Reed at some point? BROCCHINI: Yes. GERAGOS: Okay. Who is Kristin Reed, if you know? BROCCHINI: Kristin Reed is a friend of Scott Peterson, of Scott and Laci Peterson. Her husband Greg Reed is a friend of Scott and Laci Peterson. They live nearby. GERAGOS: The jury has heard some evidence that the house next door was at one point owned by Greg Reed's grandmother. Is that your understanding as well? BROCCHINI: Yes, sir. GERAGOS: Do you know how far away the Reeds lived from this area? BROCCHINI: They live pretty close. Around the corner, I think. GERAGOS: Do you see on this map, it would be 1700 block of Edgebrook. This is Edgebrook here that's running where I have got my pen? BROCCHINI: Yeah. GERAGOS: Okay. 1700 Edgebrook would be somewhere down at this, not on the map, if this map continued on down toward the right? BROCCHINI: Can I just look for a second? GERAGOS: Sure. If it helps you, I have got a Bates number stamp 31183. Do you want me to show you that page? BROCCHINI: 1705 Edgebrook. I can't be positive of the address. I think there is a deadend right around here. It was right around here some place they lived. GERAGOS: Roughly around the corner? BROCCHINI: Yeah. GERAGOS: You interviewed Kristin Reed some time in September of last year, correct? BROCCHINI: I spoke to her on the phone a couple of times. I'd have to find my report to tell you exactly when I spoke her. GERAGOS: The report that I have got, actually two reports, detective. I have got 31183, which is appeared to me to be a report on Kristin Reed. I have a transcript that's 39987, which purports to be a Brocchini-Reed telephone conversation. BROCCHINI: Okay. Go ahead. GERAGOS: Okay. Now, when you talked to Kristin Reed, she had indicated that she was in the neighborhood, had left to go to the gym at 9:39 in the morning on Covena; is that correct? BROCCHINI: Yes. GERAGOS: She indicated when set went on Covena, that she had seen both Scott's truck and a van parked across the street; isn't that correct? BROCCHINI: She said she was fairly certain there was, Scott's truck was in the driveway, and there was another vehicle parked on the street. She couldn't be positive what it was, but it could you have been a blue van or a brown van. But that's what she said. GERAGOS: Okay. Now, and she was describing for you, can you show the jury where she described that van would have been? BROCCHINI: It would have been parked on this side of the street facing north. GERAGOS: Okay. Now, she also distinguished between that van and what she knew to be a white Simmons van that was driven by Krigbaum; isn't that correct? BROCCHINI: Yes, it is. GERAGOS: Okay. Now, once she told you that information in September about this van that was parked across the street at 9:40 in the morning, what did you do about that, specifically, about that information of the van? BROCCHINI: She didn't, she didn't know what it was for sure. I wrote it in a police report. I'm not sure what you are asking me. I might have, go ahead. GERAGOS: Okay. What I'm asking you is, did you do anything in September, once you got this information, you now had this information from Kristin Reed, correct? BROCCHINI: Yes. GERAGOS: That there was, that she remembered a van across the street. It was either Chrysler blue, or Dodge blue, or, I'm sorry, Dodge brown or a blue color, correct? BROCCHINI: Let me make sure. GERAGOS: Make sure you have got it correct. Show you, BROCCHINI: I see it. I'm reading the whole thing. But, yeah, I remember. GERAGOS: Okay. Then I'm going to show you 3993. Can you just read that to yourself. Yellow highlighted. BROCCHINI: I see it. GERAGOS: Does that refresh your recollection that she said, yeah, it was like a brown metallic for the Dodge seemed like it was a Dodge kind of a make, like kind of it tapered up? BROCCHINI: That's what she said she said. It was a vehicle. GERAGOS: A vehicle? BROCCHINI: Right. GERAGOS: And she specifically said like a van; isn't that correct? BROCCHINI: She said she wasn't sure. GERAGOS: You said, no, I don't know. Well, okay. Could it have been a truck, or not? And she said no, it was, it was a van. 3993. Right? BROCCHINI: Look at it? GERAGOS: Sure. BROCCHINI: She said that. But taking it out of context. GERAGOS: Okay. Now, she said well, taking out of context, the very next page, I'm sorry, two pages later, you said, I would say it was an older van, either an older Chevy Astrovan, maybe blue, you know. I know there was a car there that had just, I'm not sure. Or was older, like a Dodge brown van. It was one of those two. And you asked specifically either Dodge, brown or maybe blue, right? BROCCHINI: You just can I do that? Can I see that? GERAGOS: Sure. BROCCHINI: Can I read it? GERAGOS: That's what I'm asking. BROCCHINI: You mumbled it, okay? I would say it was an older, an older holder Chevy Astrovan. I said, Un-hun. GERAGOS: You are supposed to read it silently to yourself. Then I can ask you the question. Read it to yourself. BROCCHINI: Okay. GERAGOS: Does that refresh your recollection as to what she told you? BROCCHINI: Out of context, she, said they she read it somewhere. It could have been, she just knew was a vehicle. She knew it wasn't white. She didn't know what it was. GERAGOS: She didn't know what it was. That's not what she said here on the tape that was transcribed by the Modesto PD, is it? BROCCHINI: I don't think, if you read, JUDGE: You guys are both talking at the same time. GERAGOS: She said, I'm going to read, I would say it was an older, it was either an older Chevy Astrovan? You said un-hun. Maybe blue. But you just read it. I'm not sure. It was like older, like Dodge brown van. It was one of the two. You said either Dodge brown or Chevy blue. She said, yeah. It was like a brown metallic for the Dodge. It seemed like it was a Dodge kind of make. Like kind of tapered up. Is that correct? JUDGE: Now you can say yes or no, and explain your answer. BROCCHINI: Yeah. That's what he read to you. But she said, she told me, look, it could be the power of suggestion. I interviewed her months before. Never mentioned a van. She says there, could be the power of suggestion, something I read. But I seem to remember now, a year, eight months later, that, go ahead. GERAGOS: I'm going to show you what it says here. She didn't say it's the power of suggestion. You did. BROCCHINI: No. GERAGOS: No? It says Brocchini went, I mean I don't remember you ever saying that before. But now you said possibility it's the power of suggestion? I mean she says no. I know there was another vehicle. BROCCHINI: Mr. Geragos, that's after she, you are reading from page eight of fourteen. Go back to like page one or two, where she says, then I repeated it to her what you are reading. GERAGOS: Now, the other thing that Kristin Reed, by the way, so when she is telling you about this, did you do something, you already had other information suggesting that there was a van in that neighborhood which nobody had seen, or was not one of the regular vans, vehicle. You had that information? BROCCHINI: There was information about a van. GERAGOS: Right. And a van, I mean so much so that the Modesto PD took it seriously enough to put out a flyer. BROCCHINI: That was for the burglary. But, yes, that's correct. GERAGOS: You don't know it was for the burglary, because you never recovered the van, did you? DISTASO: Objection, your Honor. It's argumentative. JUDGE: Sustained. GERAGOS: Now, you have information that there is a van that morning. Now you have got Kristin Reed, somewhat nine months later, approximately, also telling you that they saw some van across the street. Did you do anything, based upon her giving you that information? BROCCHINI: We never stopped not doing something with that van. We were looking for a van from day one until that day. And we kept on doing it even after that day. So the answer is, yes, we, as the police department, me as myself, I wrote it in my police report. I made other people aware of it. I interviewed some people with a brown van. I mean I'm only one person. And we had a huge investigation going on. A lot of people doing a lot of things. GERAGOS: Okay. Now, did, at one point did you also talk to Kristin Reed about whether Laci had been walking? BROCCHINI: On that same interview? GERAGOS: Yeah. BROCCHINI: She talked to me about it, yes. GERAGOS: Okay. And she told you that, you know, she was really concerned about her weight. She gained so much weight, correct? BROCCHINI: She said that. GERAGOS: Okay. And she told you that specifically that MacKenzie was her safety feature, right? BROCCHINI: May I look at my report? Go ahead, what? GERAGOS: Sure? BROCCHINI: What page are you on there? GERAGOS: I have got two. I ever got the reports that I referred to, which is 31183. And I have got the telephone call, taped telephone call, which starts on 39987. Specifically if you look at 39989. BROCCHINI: You talking about the telephone call? GERAGOS: Sure? BROCCHINI: Are you looking at that please? GERAGOS: Which one? BROCCHINI: These. GERAGOS: 989. BROCCHINI: Yes, that's what she said. Can I finish the paragraph, though? GERAGOS: Please. Read the whole thing. BROCCHINI: All right. GERAGOS: Does that refresh your recollection as to what she said? BROCCHINI: Yeah. GERAGOS: Okay? BROCCHINI: Also about what she said, that it was her power of reading. GERAGOS: Specifically she said that Laci had been walking, right, prior to Thanksgiving, right? BROCCHINI: She said Laci stopped walking because of fainting spells. Then she said was gonna start walking again. GERAGOS: Why was she gonna start walking again? BROCCHINI: Because she started to get heavy. GERAGOS: She was concerned about her weight? BROCCHINI: Yes. GERAGOS: She said that was after Thanksgiving, the very first part of December, she said she was back, you know, trying to do that, because she was really concerned about her weight, correct? BROCCHINI: That's what Laci told her. GERAGOS: Okay. Now, based upon that, the facts that you had information that Laci had been walking from somebody, you understood Kristin Reed to be a good friend of hers, didn't you? BROCCHINI: Yes. GERAGOS: So you now had information that appeared, at least in your mind, to contradict this idea that Laci had stopped walking in the month of December, didn't you? BROCCHINI: Yes. GERAGOS: Now, based upon that, the fact that she was concerned about her weight, that she believed that MacKenzie was her safety feature, what did you do to follow up on that? BROCCHINI: She told me this in September. I wrote it in a police report. We had already went door-to-door-to-door in that neighborhood, maybe one or two or three times. We didn't re-canvass the neighborhood. In September, nine months later, or eight months later, I wrote it in my police report. I documented it so you would have it. GERAGOS: Okay. Now, you documented it in the police report. Did you go out, you know a gentleman by the name of, if I could have one minute, your Honor. Going to switch to one other spot. JUDGE: The date of that interview was September, 2003? BROCCHINI: Your Honor, it was September 12th of 2003 was the day of my second interview. GERAGOS: Now, Detective Brocchini, after you had this information from Kristin Reed in September, you documented it in the police report, correct, as you just said? BROCCHINI: Yes. GERAGOS: Now, at that point, did you, you had information, at least as reported in the media, that there were various witnesses who had seen Laci walking; is that correct? DISTASO: Objection, your Honor. Assumes facts not in evidence. GERAGOS: I'm asking him. JUDGE: Objection overruled. Did you have that information? BROCCHINI: I seen it in the news, your Honor. And, yes, I read it in the paper. GERAGOS: Okay. One of those people was a gentleman by the name of Homer Maldonado? BROCCHINI: I saw him on the news. GERAGOS: Did you go out, after this September date, once you received the information from Kristin Reed that suggested that there was at least a conflict on this assumption that Laci hadn't been walking, did you go interview Homer Maldonado to see what it was he had seen that morning? BROCCHINI: I didn't. I know another officer did. I don't know anything about that interview. GERAGOS: Okay. How long was that after your interview? BROCCHINI: I don't know when Homer Maldonado was viewed. GERAGOS: It's your belief, as you sit here today, that Homer Maldonado was interviewed by the Modesto PD? BROCCHINI: I don't know. I didn't interview him. GERAGOS: Did you say another officer did? BROCCHINI: I don't know. I don't know if another officer did or not. GERAGOS: How about a, is there a Bill and Vivian Mitchell? Are you familiar with them? BROCCHINI: I have heard of them. GERAGOS: Okay. You heard of them because they had been interviewed by some TV stations saying that they had seen Laci walking that day; is that correct? BROCCHINI: Yes. GERAGOS: I know that Vivian Mitchell has since passed away. Is that your understanding? BROCCHINI: Yes. GERAGOS: But Bill Mitchell, did you ever go and interview him? BROCCHINI: I did not. GERAGOS: Do you know if anybody from the Modesto PD ever went to interview Bill Mitchell about whether he saw Laci walking MacKenzie on the morning of the 24th? BROCCHINI: I do not know. GERAGOS: Okay. Now, did you go back, or are you aware, you personally, did you personally go back and interview people or a series of people who claimed to see Laci walking that morning on the 24th; is that correct? Or a pregnant woman with a Golden Retriever? BROCCHINI: I did not personally do that. GERAGOS: Okay. Do you know if anybody from the Modesto PD, after the September interview with Kristin Reed in which Laci was concerned, expressed a concern about her walking in December, do you know if anybody that, from Modesto PD who went back out to interview witnesses who claimed to have seen Laci Peterson walking? BROCCHINI: I do not know what dates anybody went and did an interview, other than myself. GERAGOS: Okay. Is this an appropriate time to take the recess? JUDGE: We can take the recess now. JUDGE: All right. This is People versus Peterson. Let the record show the defendant's present with counsel, the jury's present with the alternates. Go ahead, Mr. Geragos. GERAGOS: Thank you, Judge. Detective, the district attorney, when he questioned you was questioning you about the search warrant that was executed on February 18th, do you remember that? BROCCHINI: There was one executed on that day. GERAGOS: Okay. And it looks like you wrote a, Detective McGill wrote in a record regarding this. Were you there when items were recovered from Scott Peterson's truck? BROCCHINI: I was in the same room. GERAGOS: Okay. When you say in the same room, where was that? BROCCHINI: In the garage. We had it pulled into a garage at the Modesto Police Department and McGill was recovering some things. I was recovering some things. GERAGOS: Okay. He had a black and green-colored hiking-type backpack with a sleeping bag attached, correct? BROCCHINI: Can I get that, yeah, I remember there was a backpack, I couldn't say green or black or the color. GERAGOS: I have McGill's report. I don't know if you have a copy of McGill's report. Would that refresh your recollection? BROCCHINI: I mean I could read his report. I can't remember off the top of my head because I was specifically searching the interior of the vehicle. So do you want me to read this and say? GERAGOS: No, I just want you to read it, see if it refreshes your recollection and then I'll ask you questions. BROCCHINI: Go ahead. GERAGOS: Does that fresh your recollection that? BROCCHINI: There was a green and black or a green, yes, it does. GERAGOS: Backpack with a sleeping bag. Then also there was a, you went through and McGill itemized in your presence, the items that were contained in the backpack; is that correct? BROCCHINI: No. GERAGOS: Well, did you observe what was in there? BROCCHINI: No. GERAGOS: So you didn't see any of the items that were contained in the backpack? BROCCHINI: No, I was, I mean I saw some stuff on the floor. He was doing his job, I was doing my job. GERAGOS: Okay. BROCCHINI: And they were different jobs and I was paying attention to what I was doing. You'd have to ask McGill about that. GERAGOS: Did you impound the truck? BROCCHINI: Did we impound it? GERAGOS: Yeah, was the truck impounded? BROCCHINI: It was seized subsequent to a search warrant, the one on the 2nd. It was a Dodge, white Dodge Dakota. It was impounded. GERAGOS: When you say it was seized, does that mean it was taken from the residence? BROCCHINI: Yeah, we moved it from the house to the garage at the Modesto Police Department where McGill searched the interior and the bed area, I searched some briefcases and some duffle bags. GERAGOS: Did you, by the way, when the warrant was executed, is it a fair estimate that there was at least 50 news crews outside of the house? BROCCHINI: Yes. GERAGOS: At some point was the truck supposed to be returned to Scott? BROCCHINI: Yes. GERAGOS: Okay. Do you have report that reflects that? BROCCHINI: I think I do. Yes. GERAGOS: Okay. What Bates stamp number are you looking at? BROCCHINI: 1351. GERAGOS: Okay. And the day that the truck was to be returned the truck was supposed to be left somewhere; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Where was it supposed to be left? BROCCHINI: At 523 Covena. GERAGOS: Okay. And at some point did Scott give directions to do something else with it? BROCCHINI: I got directions from Craig Grogan to do something else with it. GERAGOS: Okay. What were those directions? BROCCHINI: To move it to the Enterprise Rent-A-Car lot. Detective Buehler actually moved it from Covena to the Enterprise Rent-A-Car lot. GERAGOS: How far away is that from the Modesto Police Station? BROCCHINI: It's four or five blocks. GERAGOS: Is this Enterprise lot one of the lots where Scott had rented cars before? BROCCHINI: Yes. GERAGOS: Is that Enterprise lot the same lot where a, one of these GPS trackers was installed on his car? BROCCHINI: No. We got the car from the Enterprise lot. The tracker wasn't installed in the lot. GERAGOS: Okay. Was the car, was the car that the tracker was installed on, was that an Enterprise car? BROCCHINI: Which one? GERAGOS: One of the ones at any point, did you install a GPS tracking device on a rent-a-car that was rented from that Enterprise lot? DISTASO: Objection, Your Honor, it goes beyond the scope of direct. JUDGE: I think so. GERAGOS: Beyond the scope of direct. I can recall him as my own witness, if you want. JUDGE: If he objects to it, I guess then. GERAGOS: That's fine. Now, at some point that Enterprise Rent-A-Car lot had you gone there yourself prior to February 19th? BROCCHINI: I, I had been there. GERAGOS: Had you been there in connection with this vehicle? BROCCHINI: Probably. GERAGOS: Okay. And that was because Scott was renting cars from Enterprise, correct? DISTASO: Objection. It goes beyond the scope of direct. JUDGE: Sustained. GERAGOS: Now the after the 18th of, well, actually, I take that back. Prior to February the 18th there was a number of affidavits for search warrants; is that correct? BROCCHINI: Yes. GERAGOS: And you were involved in those; is that right? BROCCHINI: Some of them. GERAGOS: Okay. The copy of a search warrant affidavit, would you review them? BROCCHINI: No. I mean my own I did. GERAGOS: Okay. Do you have those there in front of you? BROCCHINI: Yes. GERAGOS: Okay. Could you turn to the ones that you did. BROCCHINI: Which one? GERAGOS: Well, let me show you. You've got an affidavit. Let me show you one. This is an affidavit for a search warrant. It looks like 22316 signed by Darren Ruskamp and signed by the judge on the 31st of December. Are you aware of this? BROCCHINI: I knew that he had written a search warrant. GERAGOS: Okay. And in that statement of probable cause he declared under penalty of perjury that you had found an ultralight rod and reel, an ocean rod and reel, and a small tackle box in the boat; is that correct? DISTASO: Objection, Your Honor, it calls for speculation. It's another officer's affidavit. JUDGE: Well, he's asking him if that's what he found in the boat. DISTASO: Okay, then it's been asked and answered. GERAGOS: I'm setting up the foundation. It will be apparent in a second. DISTASO: No, Your Honor. JUDGE: Overruled. Let's go. BROCCHINI: Yes, that's what he wrote. GERAGOS: GERAGOS: That's what he wrote and that's what you found; is that correct? BROCCHINI: Yes. GERAGOS: Okay. This is Detective Jacobson's, is that correct, this other search warrant affidavit? BROCCHINI: I've never seen that. GERAGOS: You've never seen Detective or Investigator Jacobson's? BROCCHINI: No. GERAGOS: Okay. Now, there is, did you at anytime tell any of the other investigators that you did not find any ocean or saltwater rods and reels in the boat? BROCCHINI: I don't, I don't think so. I don't recall. GERAGOS: Okay. Now, the, specifically at some point you, I think testified on direct, that you, and you received a phone call, you were sitting at the tip line area, is that correct, on December 30th? BROCCHINI: That's correct. I wasn't sitting there, I was standing behind her. GERAGOS: Now, where was that specifically? BROCCHINI: The tip line? GERAGOS: Yeah. BROCCHINI: The Modesto Police Department had, it was in the detective bureau where the tip line was. It could be moved anywhere the phone would be forwarded, but this day it was in the detective bureau. GERAGOS: Okay. Now when you say the phone forwarded, what do you mean by that? BROCCHINI: Well, in the very beginning, I mean, it depends on who was man at the desk. If somebody was there they would forward the tip line to this bank of secretaries or clerks. And the next day they might forward it to a different bank. GERAGOS: Okay. Now, did the tip line have a specific phone number that you would call? BROCCHINI: I don't know. I assume so, but I don't know for sure. I mean people were calling it. GERAGOS: And when they would call it what was the, what was the protocol, so to speak? JUDGE: If you know. BROCCHINI: I don't. GERAGOS: Okay. Do you know when you were standing there what was, what was going on? BROCCHINI: Well, when I was standing there I was just watching her type in that tip and I said let me have the phone. GERAGOS: And did you receive any information at that point? Did you know about Amber Frey or Frey? BROCCHINI: Not until I saw what was being typed across her screen. I was reading over her shoulder. GERAGOS: Okay. Did you later find any voicemail messages for you from Amber on your voicemail? BROCCHINI: I don't recall. GERAGOS: Do you know if Amber, you had ever talked to her or e 12 she had ever left a voicemail message prior to that day when you were looking over the shoulder at the tip line? BROCCHINI: She said she did and I can't, I don't know. I don't recall. GERAGOS: When you say she did, when you interviewed her, she said that she specifically had tried to call you, Detective Al Brocchini, is that correct, or Al Brocchini? BROCCHINI: No, no, she said she called and somebody transferred her to me, she didn't ask for me, but she got my voicemail, and I didn't answer her. I think she said she hung up. GERAGOS: Because you never received the voicemail; is that correct? BROCCHINI: And I, and I think she said she hung up. But I can't remember for sure, but I never did get a voicemail. GERAGOS: Now what time specifically was it when you were standing there looking over the shoulder, I assume I'm describing this correctly, looking over the shoulder of somebody who's typing in some information? BROCCHINI: That's correct. GERAGOS: Okay. What time was that? BROCCHINI: Can I look at my report? GERAGOS: Yes. What page are you looking at? BROCCHINI: Let me get there and I'll tell you. It's Bates stamp number 10830841. GERAGOS: What was the number? BROCCHINI: 1083. GERAGOS: Okay. Have you looked at the report? BROCCHINI: I haven't read it. I've got if on the page. GERAGOS: Go ahead. Do you remember what time it was that you received or saw this call being typed in? BROCCHINI: Yes, 8:41. GERAGOS: 8:41 in the morning? BROCCHINI: Yes. GERAGOS: Okay. And that's Pacific Standard Time? BROCCHINI: Yes. GERAGOS: Is that correct? BROCCHINI: Yes. GERAGOS: Now as you were standing there, who was the person you were standing behind? BROCCHINI: Valdivia. GERAGOS: V-a-l-d-i-v-i-a? BROCCHINI: Yes. GERAGOS: Okay. She was speaking to a female as she's typing is your understanding of what was going on? BROCCHINI: Yes. GERAGOS: Okay. And she said that she lived in Madera and she was Scott's girlfriend, correct? BROCCHINI: I was reading that off the screen, yes. GERAGOS: Okay. Now, at some point did you take the phone away from Ms. Valdivia? BROCCHINI: Yes. GERAGOS: Okay. When you took the phone away, did you talk directly to Amber? BROCCHINI: Yes. GERAGOS: Okay. Then at some point did you make arrangements to go see her? BROCCHINI: Yes. GERAGOS: Okay. Is that fair to say within 15 or 20 minutes of listening to that phone call? BROCCHINI: Within that 15 or 20 minutes I had briefed Detective Grogan and Buehler and then went, drove down there. GERAGOS: And who did you go with? BROCCHINI: Buehler. GERAGOS: Okay. That's Detective Buehler, right? BROCCHINI: Yes. GERAGOS: Okay. What time did you get there? BROCCHINI: I don't know. I don't know if I have that in my report, but it took us about a couple hours. GERAGOS: Okay. Sometime after 11:00 o'clock? Are you looking at 1084? BROCCHINI: Yeah. GERAGOS: Okay. Does that refresh your recollection or do you need more time? BROCCHINI: I need a little more time. It was about 11:00 o'clock. GERAGOS: Okay. Now when you met with the two of them, is it a fair statement that you interviewed the two of them for a period of time? BROCCHINI: Who? GERAGOS: Well, you met with both Amber and Shawn Sibley; is that correct? BROCCHINI: That's right. GERAGOS: And you interviewed them together? BROCCHINI: I interviewed Shawn. Amber was there. But when we interviewed Amber, Amber asked for Shawn to leave the room. GERAGOS: Okay. So the first person that was interviewed was Shawn Sibley; is that correct? BROCCHINI: Yes. GERAGOS: The second person who was interviewed was, and when you interviewed Shawn Sibley, Amber was present. So she presumably was listening to what was happening; is that correct? BROCCHINI: That's correct. GERAGOS: Then when Amber who's being interviewed, she asked that Shawn leave? BROCCHINI: Yes. GERAGOS: Okay. And this was on the 30th at 11:00 o'clock in the morning; is that correct? BROCCHINI: It was on the 30th around 11:00 o'clock. GERAGOS: Okay. Do you know when the reward was raised to $500,000 for Laci Peterson? BROCCHINI: No. GERAGOS: Do you know if it was on March 28th and reported on, I mean, I'm sorry. Do you know if it was posted on the, published on the morning of the 29th of December? BROCCHINI: No. GERAGOS: Okay. If I showed you an article would that refresh your recollection or do you have no independent memory of this? BROCCHINI: I have none. GERAGOS: The, specifically when you arrived there did you then go and take a, make a trip, after you started talking to Amber, to the Radio Shack? BROCCHINI: Well, first we spoke to Amber, we collected some things that she gave us, some photographs, we took a trip to the photo store, picked up some photos, went to a Radio Shack and I bought her some equipment. GERAGOS: Okay. When you bought the equipment, what did you buy? BROCCHINI: It's a device that you can hook to her type of cell phone and then you hook the other end into an audio cassette recorder. And I brought a recorder with me. GERAGOS: Okay. When you say you brought a recorder with you? BROCCHINI: Yes. GERAGOS: What kind of recorder? BROCCHINI: A plastic cassette recorder. I don't know what brand it was or anything. GERAGOS: Okay. How long would you say the first interview with Shawn Sibley took? BROCCHINI: I, I don't remember. It was 30, 40 minutes. GERAGOS: Okay. And you tape-recorded that, right? BROCCHINI: Yes, I did. GERAGOS: Now, in addition to that you had also tape-recorded, well, I assume the first one was Shawn Sibley, so that was the first thing that was taped, correct? BROCCHINI: Yes. GERAGOS: The second one that was taped was the one with Amber, correct? BROCCHINI: Yes. GERAGOS: Okay. Now the one that was taped with Amber, she gave you information, including the fact that Scott had told her that he had lost his wife or something to that effect in December, right? BROCCHINI: That's what he did say to her. GERAGOS: That's what she says he said, right? BROCCHINI: That's correct. GERAGOS: Okay. She also gave you information that another guy that she had met at a bar had told her the same thing; that he had lost his wife; isn't that correct? DISTASO: Objection, Your Honor, hearsay. It's not relevant to what he did. JUDGE: Sustained. GERAGOS: It goes to what he did in terms of the reasonableness of this investigation. JUDGE: I don't think so. I am going to sustain the objection. GERAGOS: Okay. GERAGOS: Did you investigate whether or not there was another person who had also made the statement to Amber about losing a wife, did you investigate that? DISTASO: Objection, relevance. JUDGE: Yeah, I don't see the relevance. The issue is what your client said. GERAGOS: Right. JUDGE: If somebody in a bar, you know, says something, that's one thing, but the issue is what your client said. GERAGOS: The reason is that it becomes the subject of a conversation that he taped. JUDGE: That she tapes? GERAGOS: Yes. JUDGE: Okay, then I'll let it in. All right. GERAGOS: GERAGOS: Now, she told you in that interview with Detective Buehler, that another guy, Dave Gardanelli had told her, that she had seen him at a bar, had told her that his wife had died and that she had a heart condition and had died, she passed away; isn't that what she told you? BROCCHINI: In that interview? GERAGOS: Yeah, on December 30th. BROCCHINI: Do you have the transcript? GERAGOS: Yeah. 41226, 41227. BROCCHINI: Is this the corrected version, do you know? GERAGOS: I'm assuming so because of the Bates numbered stamp because it's 41000. BROCCHINI: Okay. Yes. Okay. I'm not answering yes to any questions, just I've read it. GERAGOS: Okay. Now, did she tell you and Detective Buehler that this Dave Gardanelli had said that his wife had died last February. And then just on December 19th, two weeks before, she ran into the woman who was supposed to be dead at the car wash? BROCCHINI: Yes, she said she had a friend and she ran into him and he mentioned that his wife had passed, or his wife had died or passed away or had cancer or something. And then a couple weeks later she ran into this girl and was shocked, you know, and this guy lied to her. GERAGOS: Now, this, did you ever go and interview this Dave Gardanelli? BROCCHINI: No. GERAGOS: The way I've got it spelled here is G-a-r-d-a-n-e-l-l-i. BROCCHINI: I did not. GERAGOS: Okay. Did you ever go and interview the woman who was supposed to had died from a heart condition? BROCCHINI: No. GERAGOS: Is that a no? BROCCHINI: That's a no. GERAGOS: Did you ever review, this is page 4970, an anonymous female phone tip saying that Amber came into a shop in Madera and thought the caller was a twin sister because the caller said ex-husband, Dave Gardanelli, told Amber that she was dead. Did you ever see that tip? BROCCHINI: No, I don't, I don't think so. GERAGOS: You have a searchable index where if you had this information about Dave Gardanelli in saying that his wife was dead, you could put his name into the index and then, boom, it would pop up on a call sheet; isn't that correct? BROCCHINI: Yes. Yes. In the tip line? GERAGOS: In the tip line. BROCCHINI: Yes. GERAGOS: As far as you know that was not done, was it? BROCCHINI: I don't know. GERAGOS: Now, at the time that the, that you went down there, at some point did you ask Amber to keep calling or to, was she supposed to be in touch with somebody? BROCCHINI: I, I mean are you asking law enforcement-wise or Peterson-wise. GERAGOS: Law enforcement. BROCCHINI: Well, she had my tape recorder. I wanted her to keep in touch with us. I mean, I don't know if I told her specifically, but, or Detective Buehler did. GERAGOS: Okay. Now, did you contact or were you contacted by somebody by the name of Richard Bird? BROCCHINI: No. GERAGOS: Do you know who Richard Bird is? BROCCHINI: No. I mean I know the name, but I don't think I was contacted by him. GERAGOS: Do you know the name as a Fresno homicide detective? BROCCHINI: Yeah. Maybe. I can't remember if I spoke to him or not. GERAGOS: Have you ever worked with him? BROCCHINI: No. GERAGOS: Do you know him? BROCCHINI: Not that I, unless I went to a school or something with him, but I don't know him off the top of my head. GERAGOS: Okay. And you had done some investigation, you and Buehler, as to Amber's alibi, is that correct, for the 24th? BROCCHINI: I, I don't know. I mean, yes, but I don't know if I did. GERAGOS: Can I show you a report to see if you did anything in regards to that? 1690 Bates stamp. BROCCHINI: Yeah, this is Detective Buehler's report. I don't think I did. GERAGOS: Did you talk to Richard Bird, this homicide detective, at any or have you ever talked to him? BROCCHINI: I may have, but I don't recall. GERAGOS: When you say you may have, in what context? BROCCHINI: I just don't recall. I mean I remember the name, he's a homicide detective from Fresno, I may have spoken to him, but I don't recall. GERAGOS: Do you know if in fact he was with Amber on the 24th of December? BROCCHINI: I don't know. GERAGOS: Do you know if he's the one who apparently had advised Amber to call Modesto Police Department? BROCCHINI: I don't recall. I know somebody told her to from law enforcement or private eye or background, but I don't know. GERAGOS: Now, at the time that you got this call and you did the interview, did you at that point also do a search warrant to obtain telephone records? BROCCHINI: Did I? GERAGOS: Or did you cause that to happen? BROCCHINI: I think that was done before, before. GERAGOS: When? BROCCHINI: I don't, I think it was done, I don't know, I'd have to see an affidavit. I know I didn't. GERAGOS: When you say you have to see an affidavit, I'm talking specifically at some point that first week. I think I showed you on Thursday some affidavits that were from the 31st. That was for phone records, wasn't that correct? BROCCHINI: Yes. GERAGOS: That would have been the day before you went to see Amber? BROCCHINI: I didn't write them. I don't know. GERAGOS: Did you at some point want to see phone records from Amber? BROCCHINI: Yeah, I just, but I didn't write a search warrant for them. GERAGOS: Okay. And when you did, but at some point did you see the phone records? BROCCHINI: I only saw a bill. She gave me her password so I could look up her phone records on line. GERAGOS: Okay. Did you actually see the phone records when they were produced by the phone company? BROCCHINI: No, I don't think so. GERAGOS: Was it your understanding when you talked to her that she have or that she used only a cellular phone? BROCCHINI: Yes. GERAGOS: So that you didn't, she didn't have a residential phone; is that correct? BROCCHINI: She didn't have a home phone. She may have used other phones, business phone or something. She only had a cell phone for us to get a hold of her. GERAGOS: Now as you talked to her, what did you do next in terms of obtaining phone records, isn't that what you wanted to do was obtain some phone records? BROCCHINI: I think I asked her for her password. GERAGOS: Okay. But in order to get a list of the phone calls for that previous month, isn't that something you wanted done, you wanted to confirm that she had in fact talked to Scott Peterson by phone? BROCCHINI: It was confirmed. He called while I was standing next to her. GERAGOS: You wanted a history of that, didn't you? BROCCHINI: Eventually, but I didn't do anything to get it right that minute. GERAGOS: Well, I'm not talking about that minute, I'm talking about after you bought the tape recording device, after you got the other items, didn't you go at some point and talk or caucus with the other detectives? DISTASO: Objection, relevance. JUDGE: Overruled. BROCCHINI: What, I caucused with detectives everyday, Mr. Geragos, but I don't, I mean I don't know what you're asking. I did not write a search warrant to get her phone records. GERAGOS: Okay. Do you know if that was done? BROCCHINI: I don't know. GERAGOS: Do you know if phone records were produced? BROCCHINI: I know a lot of phone records were produced from a lot of phones, but I don't know if Amber's were. GERAGOS: So you've never reviewed Amber's phone records? BROCCHINI: I reviewed the ones I got on line. I know that. GERAGOS: Okay. Did you review the ones that came by via search warrant? BROCCHINI: Not that I recall. GERAGOS: Okay. Now, at that point, who was the person who was in charge of handling Amber Frey after the 30th? BROCCHINI: Buehler, Detective Buehler. GERAGOS: And did you, you were pretty much tasked to other things so that Buehler's first, I don't know if it's first priority, but he was to be the point person or contact person; is that correct? BROCCHINI: Yes. GERAGOS: Okay. Now you then went to, and we've discussed the search warrant that took place on February 18th and you were present for that search warrant? BROCCHINI: Yes. GERAGOS: Okay. During that search warrant did you actually go inside the house? BROCCHINI: Yes. GERAGOS: Okay. Now when you went inside the house, specifically what were you looking for inside the house? BROCCHINI: I didn't go in looking for anything. GERAGOS: Well, didn't you have in the search warrant a list of items that you told the judge you were looking for in order to try to solve this case? BROCCHINI: Yes, but I didn't write the search warrant. I went there as an assistant. I didn't search. I wasn't in charge of searching of any rooms. I picked up his cell phones when I walked into the living room because they were listed, and that was basically my part of that. GERAGOS: Okay, now, when you did that then did you go to the warehouse? BROCCHINI: After I did that? GERAGOS: Yes. BROCCHINI: After a while later, well, on the 18th? GERAGOS: On the 18th. BROCCHINI: Did I go to the warehouse? GERAGOS: Did you go to the warehouse storage area, where else did you go? BROCCHINI: We didn't go to the warehouse. I didn't go to the warehouse. We didn't serve a search warrant there. GERAGOS: Now the search warrant on the 18th, what did you specifically itemize, what was your involvement? BROCCHINI: Some of the stuff in the front seat of the pickup truck, Scott's truck. There was like a duffle bag there and a black plastic box, and then I documented the phone histories on the phones that were there. GERAGOS: Okay. Now, after you did that did you write a report in regards to that? BROCCHINI: Yes. GERAGOS: Okay. And what page is that report? BROCCHINI: One report is Bates stamp 347. GERAGOS: 347? BROCCHINI: 1347. That's the start of it. And there's also a second report of 1390. GERAGOS: One more time for the page, I'm sorry. BROCCHINI: The first, one of them is 1347 and one of them is 1390. GERAGOS: Okay. In your presence you took possession of Scott's cell phone; isn't that correct? BROCCHINI: I did. GERAGOS: In your presence Scott used the phone first to get the number for Enterprise Rent-A-Car, correct? BROCCHINI: Yes. GERAGOS: In your presence he had, he arranged to have an Enterprise representative come and pick him up, correct? BROCCHINI: I didn't hear him on the phone, but one did come. GERAGOS: Well, you have, you wrote that down that as Scott then arranged to have an Enterprise representative pick him up at 523 Covena, correct? BROCCHINI: Yes. GERAGOS: Okay. You saw that he had, that he later returned with a vehicle that he had rented from Enterprise at 7th and G, correct? BROCCHINI: Yes. GERAGOS: And he had asked for a number of things that he needed out of the duffle bag in the truck, correct? BROCCHINI: Yes. GERAGOS: Now, the, he also told you in front of you that there were, I'm sorry, and that was at about what time that that took place, the executing of the search warrant was at about 8:25 in the morning? BROCCHINI: Yes. GERAGOS: Okay. And when he went over to rent the car or have them pick him up and take them back over there, what time was that? BROCCHINI: It was pretty quick after that. I don't know 10, 15 minutes. GERAGOS: Okay. And then at some point you and McGill took the truck over and you couldn't be, basically, you couldn't execute the search warrant on the truck in the driveway; is that correct? BROCCHINI: We could have, but we didn't. GERAGOS: Well, it was not executed there because there was about 50 different media organizations there; isn't that correct? BROCCHINI: That's why we moved it. GERAGOS: Okay. And then you did, you photographed the interior and the exterior of the vehicle before you did any search, correct? BROCCHINI: Yeah. McGill drove it over to the shop, yes, and then that was done. GERAGOS: Okay. The two of you inventoried the interior of the truck, right? JUDGE: When you say "the shop," do you mean the warehouse? BROCCHINI: No, the Modesto Police Department. JUDGE: The what? BROCCHINI: The Modesto Police Department. JUDGE: You were saying shop. BROCCHINI: I'm sorry. JUDGE: I just want to make sure you were clear. So you took it back to the Modesto Police Department and conducted the search there? BROCCHINI: Yes. JUDGE: All right. GERAGOS: Okay. Now, you wrote that there was a set of golf clubs in the truck, there was a backpack with a sleeping bag, golf shoes, a drill; is that correct? BROCCHINI: Yes. GERAGOS: Okay. And then McGill inventoried all the items that were in the supplemental report; is that correct? BROCCHINI: He, I saw those in the truck. He inventoried them all. I focused on the front seat of the truck. GERAGOS: Okay. And how long did you have possession of the truck? BROCCHINI: We arrived at noon and we were done at 2:00 o'clock. GERAGOS: Okay. And at that point did you release the truck? BROCCHINI: Well, I told Detective Grogan we were done. He contacted Scott. Then Grogan, I don't know what they talked about, Grogan told me to take the truck back to 523 Covena, leave the keys with the reserve officer that was there. GERAGOS: Okay. Now, at some point did you talk to Bruce Peterson? BROCCHINI: Did I? Yes. I spoke to him twice. GERAGOS: And Bruce Peterson is the person who owned the 14-foot game fisher boat, correct? BROCCHINI: Yes. GERAGOS: And Bruce Peterson gave you a bill of sale; is that correct? BROCCHINI: No. GERAGOS: Did not? BROCCHINI: No, he didn't. GERAGOS: Did you talk to him about a bill of sale for the boat? BROCCHINI: No. I recovered the bill of sale in the truck during that search warrant, I think. GERAGOS: Okay. The bill of sale that's marked as 1401? BROCCHINI: I don't, I don't know what it's marked as, but that's the one. GERAGOS: Okay. Where did you find that? BROCCHINI: It was in the, it was in the truck. GERAGOS: Did you find out from Bruce Peterson when the first day he met Scott Peterson was? BROCCHINI: No. GERAGOS: Didn't he tell you that he had met Scott Peterson the day before? DISTASO: Objection, hearsay. JUDGE: Sustained. GERAGOS: Now, the bill of sale you took into evidence, is that correct, for the boat? BROCCHINI: Yes. GERAGOS: Okay. BROCCHINI: Yes. Pretty sure. GERAGOS: You booked that, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, the accessories that came with the boat, did you find out or were you ever able to determine what accessories those were? BROCCHINI: What? Say that again. GERAGOS: The bill of sale says 1991 14-foot game fisher boat with accessories, correct? Once again I'm referring to you Bates numbered stamp 1401. BROCCHINI: That's what it says. GERAGOS: Right. Were you able to determine what the accessories were that were sold with the boat? DISTASO: Objection. It's going to call for hearsay. JUDGE: It does and the objection will be sustained if it's going to call for hearsay. GERAGOS: Did you, were you able to find any accessories that came with the boat? BROCCHINI: Only what Bruce Peterson told me. GERAGOS: So you don't have any independent knowledge of that? BROCCHINI: Well, I mean I saw the boat on the 24th, but I can't say what came with it. I mean I know what was in it on the 24th. GERAGOS: Now the, specifically the 24th when you collected the boat, did you ask that testing be done of it? BROCCHINI: I didn't collect the boat. GERAGOS: I'm sorry, the 26th. Didn't the boat get impounded, seized as evidence on the 26th? BROCCHINI: I had nothing to do with that. GERAGOS: You were at the warehouse, were you not? BROCCHINI: I showed up at the warehouse. I didn't stay for the search. I didn't participate too much. I was there, though, as an observer. GERAGOS: Okay. Now, the, specifically the, were you aware of the boat being tested at any point? JUDGE: By the Modesto Police Department? GERAGOS: Yes. GERAGOS: Or by the Department of Justice. BROCCHINI: For what? GERAGOS: Was there testing that was ordered that you're aware of? BROCCHINI: I know testing was ordered, but I don't know what it is. GERAGOS: Okay. Now, I'm going to go back to specifically the 26th of December. Did you attend a press conference? It's Modesto P.D.? BROCCHINI: Possibly. GERAGOS: Okay. Is that, I'm going to show you what's a statement of probable cause by Darren Ruskamp. And this is 22318, lines 8 through 11. Does that refresh your recollection? BROCCHINI: I can, does it refresh my recollection if I went? GERAGOS: Yeah, did you go to a press conference on the 26th of December? BROCCHINI: No, I was outside of a press conference on the 26th of December and Scott was not there. GERAGOS: Okay. Well, did you ever review Detective Ruskamp's affidavit? BROCCHINI: No. GERAGOS: So this is the first time you've seen it? BROCCHINI: First time I saw that. GERAGOS: Okay. Is his statement in here that Scott attended the press conference, is that incorrect? BROCCHINI: No, that's, he, he was there, but he walked out. GERAGOS: Okay. Did he say that in this that Detective Brocchini attended a press conference where the missing person's husband was present as well as other members of Laci Peterson's family? BROCCHINI: That's what it says. GERAGOS: Is that correct? BROCCHINI: No, I, when I was at the press -- GERAGOS: I'm asking you. JUDGE: Let him answer. BROCCHINI: No, that's not correct. GERAGOS: Specifically so that sentence that was written by Detective Ruskamp is incorrect? BROCCHINI: That's correct. GERAGOS: Okay. Now, the, I'm going to show you another Ruskamp affidavit for search warrant, line 23 on Bates No. 22322, do you see that? BROCCHINI: I do. GERAGOS: It says that you saw there was water on the sidewalk leading to the den door. Is that an accurate statement? BROCCHINI: No. GERAGOS: So that the statement under penalty of perjury by Ruskamp is not correct? BROCCHINI: That's correct, I never saw water. GERAGOS: I'm going to show you the, another portion, which is 22321. It looks like it's a Ruskamp affidavit. BROCCHINI: From what date? GERAGOS: 31st of December. "The leash was muddy as though it had been dragged." Is that a correct statement? BROCCHINI: I don't, I mean, did I see a muddy leash as if it was dragged? GERAGOS: Yes. BROCCHINI: No. GERAGOS: I'm going to show you a Ruskamp affidavit from January 7th, Bates number stamp what I'm referring to as 23207. "Scott Peterson has never mentioned Laci Peterson to Amber Frey as of January 7th." Was that a correct statement? JUDGE: Mr. Geragos, is that statement attributable to him or is that what's in the affidavit? GERAGOS: It's what's in the affidavit. It says Detective Brocchini has been interviewing people. JUDGE: All right. GERAGOS: Detective Brocchini spoke to all of this information. BROCCHINI: Can I look at that because that's not a true statement either. I don't know what date. GERAGOS: January 6th was the date that Scott Peterson told Amber Frey about Laci Peterson; isn't that correct? BROCCHINI: I don't know. GERAGOS: If I were to tell you that it was and this affidavit was signed on the 7th, that statement would be incorrect, true? BROCCHINI: If, if he knew or I knew, and I can't say that. GERAGOS: Okay. Now, specifically Mr. Distaso asked you about the gun that was collected; is that correct? BROCCHINI: Yes. GERAGOS: From the glove compartment? BROCCHINI: Yes. GERAGOS: Now did you describe that gun as old and did not appear to have been recently cleaned? BROCCHINI: Possibly. GERAGOS: Okay. I am going to show you Jacobson's affidavit for, on January 10th, which page on here, it's page 25 of his affidavit where it says Detective Brocchini collected the handgun which he described as old and said it did not appear to have been recently cleaned. Is that accurate? BROCCHINI: That's accurate. DISTASO: What's the Bates stamp number on the last one? GERAGOS: It didn't have one, it just said page 25 of his affidavit, January 10th. GERAGOS: GERAGOS: I'm going to show you another report. It looks like it's with a Bates No. 3756. Have you ever seen this California Department of Justice report? BROCCHINI: No. GERAGOS: Okay. As one of the core detectives in this case did you keep track of when forensic evidence and the results were coming back? BROCCHINI: No. GERAGOS: Were you briefed on that? BROCCHINI: Sometimes. GERAGOS: Okay. Now, on January 7th, or 17th I should say, did you have a specific conversation with Amber Frey about, well, let me see if I can get the exact date. Did you have a conversation with her regarding making additional contacts with Scott Peterson? BROCCHINI: No, you have to talk to Buehler about that. GERAGOS: When he said that Brocchini cautioned her about it, you don't have any memory of that? BROCCHINI: This is from the first day, isn't it? GERAGOS: I'm asking. The report says on here 1/17/03. BROCCHINI: No. GERAGOS: Okay. BROCCHINI: That's when it was typed. GERAGOS: Okay. Does that mean that this report is from the 30th of December? BROCCHINI: I'm not sure. I've never seen this report before. GERAGOS: Okay. BROCCHINI: I don't know. You have to ask Buehler about it. Let me just finish that. GERAGOS: Read the portion that purports to talk about what you did. BROCCHINI: Yes. GERAGOS: Okay. Does that fresh your recollection? BROCCHINI: Yes. GERAGOS: Okay. Is it a fair statement that on the 30th when you saw Amber, met her for the first time, that you cautioned her about making any phone contacts with Scott Peterson without your knowledge? BROCCHINI: I can't, I don't know about the 30th, that's not dated, but I have, I have cautioned her or at least I've said those words. GERAGOS: Okay. Did you say that, did you tell her that it could affect her credibility? BROCCHINI: Yeah, I wanted her to be up front with us. I told her that. GERAGOS: And did you subsequently learn that there were phone calls being made that she was not reporting? BROCCHINI: There possibly were. GERAGOS: Okay. And your best memory as to, if I understood correctly when I was asking you before, you basically had contact with her on December 30th, and after that Buehler was the point person, correct? BROCCHINI: I maybe met with her one other time. GERAGOS: Well, Buehler's report indicates that on the time that you cautioned her about having phone contacts with Scott, that you had also left with her, you and Buehler, blank audio cassettes. Would that have been the first time you met with her? BROCCHINI: I don't recall. You have to ask Buehler. GERAGOS: Okay. Now when you, if I understand correctly, Mr. Distaso asked about you looking into the green tool box back on the 24th, the large green tool box as we already established was in the back of the bed of the truck, correct? BROCCHINI: Yes. GERAGOS: Now you saw in that trunk bed, rope, correct? BROCCHINI: Yes. GERAGOS: A bag containing 12-gauge shotgun shells? BROCCHINI: Yes. GERAGOS: And some items of clothing, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, that would have been the report that you prepared on Christmas day, correct? BROCCHINI: Yes. GERAGOS: Now, when you went into the house on the 24th you did find a number of long-barrel guns; is that correct? BROCCHINI: I saw. GERAGOS: Saw them? BROCCHINI: Yes. GERAGOS: And where did you see them? BROCCHINI: In the closet in the spare bedroom leaning up against the wall. GERAGOS: That would have been this bedroom here? BROCCHINI: Yes. GERAGOS: Okay. And did you notice if there was a shotgun in there? BROCCHINI: No. GERAGOS: Did you notice if there were long-barrel guns, you didn't itemize what they were? BROCCHINI: If they were in cases, I didn't open them. GERAGOS: When you're talking about cases, zippered gun cases? BROCCHINI: Yeah, zippered gun cases. GERAGOS: Okay. Now, on the 27th and 28th when you went in to the warehouse for the search warrant did you say that you noticed a large green duffle bag that was in the boat? BROCCHINI: I saw it on the 24th, too, and I saw it on the 27th. GERAGOS: Excuse me? BROCCHINI: I saw it on both days. GERAGOS: Okay. BROCCHINI: The 24th and the 27th. GERAGOS: And wasn't it your testimony that you saw the shotgun shells that had been in the truck tool box on the 24th were now inside of the green duffle bag? BROCCHINI: Yes. GERAGOS: Okay. I'm going to show you a picture that was taken at the time of the search warrant. Do you recognize that? BROCCHINI: Yes. GERAGOS: Okay. Would you tell the jury what that is. BROCCHINI: That's the, inside of Scott Peterson's green tool box. GERAGOS: Okay. Now, I'm going to mark this, if I can, as Defense next in order. JUDGE: OO. That's the way it looked on the day you executed the warrant? BROCCHINI: I don't know. I never looked in there that day, Your Honor. I just recognize the green tool box. JUDGE: Okay. BROCCHINI: So I can't say if that's from when that photo was taken. GERAGOS: You never looked in where? JUDGE: That's, or saw it, however. BROCCHINI: I never looked in the tool box on the day we served the search warrant. GERAGOS: Now you said you looked in the green tool box on the 24th, correct? BROCCHINI: That's why I recognized the photo. JUDGE: So you recognize it from the 24th? BROCCHINI: I recognized the box. I mean I recognize the box, but it looks different in the photo than it did on the 24th, Your Honor. GERAGOS: Now, this picture was taken on the 27th, correct? BROCCHINI: I have no idea. GERAGOS: There's a 12/27/02 with a name D-u-c-o-t on down below the picture. Do you know who D-u-c-o-t is? BROCCHINI: Yes. GERAGOS: And that would be a forensic person? BROCCHINI: That would be an officer, ID Officer Ducot. GERAGOS: Ducot. And there's a 12/27/02 that's on the picture itself right there, what does that indicate to you? BROCCHINI: That it was possibly, that was probably taken on the 27th. GERAGOS: Okay. And do you have the, can you tell me what those red items are that are there? BROCCHINI: They're shotgun shells. GERAGOS: Okay. You didn't look inside of this, this is the green little back area of the pickup truck right here? BROCCHINI: That little green in the photo, but, yes, that is. GERAGOS: Okay. And the shotgun shells that you said were now in the duffle bag on the 27th, it still appears that there were shotgun shells in the truck on this date that the search warrant is indicated; isn't that correct? BROCCHINI: There's still some in there. The bag I saw was in the -- GERAGOS: Where did you put that? You saw a bag, the bag containing 12-gauge, do you have a photo of that anywhere -- BROCCHINI: No. GERAGOS: that was in the green duffle bag? BROCCHINI: No, I don't. GERAGOS: Did you know if any photo exists of this bag? BROCCHINI: I don't know. I think I was told there was shotgun shells in there. GERAGOS: In where? BROCCHINI: In the green bag. GERAGOS: You don't know because you didn't see it. BROCCHINI: I think I saw it. GERAGOS: Do you know? BROCCHINI: I saw shotgun shells, yeah. GERAGOS: Okay. You see shotgun shells right here when you first saw them on the 24th, correct? BROCCHINI: Right. GERAGOS: Okay. Now, the, you received numerous tips that were forwarded to you on certain days, is that correct, during the course of this investigation? BROCCHINI: There were tips forwarded to me, yes. GERAGOS: Okay. Now what would you do normally when you received those tips? BROCCHINI: Read them. GERAGOS: Okay. And how long would it take for you to follow up on them? BROCCHINI: I wouldn't follow up on all of them, I would put them in a basket to be, in the very beginning of this case a lot of tips were coming to me because I was the first detective, but they were eventually given to the sergeant and we assigned a detective or an investigator from the D.A.'s Office that would go through every tip and then he would assign them out, so that wasn't my job. GERAGOS: Okay. But you were given tips, were you not? BROCCHINI: Sometimes. GERAGOS: Okay. And what was your protocol once you were given a tip? BROCCHINI: Read it. GERAGOS: And then what kind of action would you take? BROCCHINI: It depends on the tip. I throw it in the basket for somebody else to hand out or I would act on it immediately. I mean it depended on what the tip was. GERAGOS: Okay. Now who was responsible at Modesto P.D. for distributing the tips? BROCCHINI: Well, Sergeant Zahr and Investigator Bertalotto were, took up that task, I think. GERAGOS: How were they assigned out, do you know? BROCCHINI: No. GERAGOS: When you were trying to establish the time line for the 23rd, at some point on December 23rd you were trying to establish where Scott and Laci had gone; isn't that correct? BROCCHINI: What day are you asking me about? GERAGOS: Well, sometime in January, is that a fair statement? BROCCHINI: That's a fair statement. I mean, I'm sure that was one of the things I was working on. GERAGOS: Okay. Now you had learned at one point that Scott Peterson went to a place called Mountain Mike's Pizza on the evening of 12/23, correct? BROCCHINI: Somebody told me that. GERAGOS: Okay. You saw a box of pizza you testified before on the counter when you went into the house on the 24th, correct? BROCCHINI: Yes. GERAGOS: Was that box of pizza from Mountain Mike's? BROCCHINI: I can't, it might have been, but I don't remember. GERAGOS: Okay. And you felt it was very important to see exactly what Laci Peterson was wearing on the evening of ne1 12/23, correct? BROCCHINI: I thought it was important, yes. GERAGOS: Okay. And you had knowledge that there was a pizza box there and Scott had told you that they got pizza the night before, correct? BROCCHINI: I don't remember, but I don't remember if Scott told me, but somebody told me. GERAGOS: Well, you had information that they had gone, you had established that they had gone from Salon Salon, that you knew that they had ordered a pizza, correct? BROCCHINI: Somebody had told me that, yes. GERAGOS: And you knew that they had invited Amy to come over to have pizza; correct? BROCCHINI: No. GERAGOS: When did you find that out? BROCCHINI: When you just said it. GERAGOS: This is the first time you found out that Scott had invited Amy over to have pizza? BROCCHINI: That's right. GERAGOS: Okay. Now did you know when you saw that pizza box, you made a reference to it in the reports that there was an open box of pizza, correct? BROCCHINI: Because he told me he was eating pizza before he took his shower and stuff. That's why I referenced it. GERAGOS: Right. And in the taped interview you had specifically gone through and mentioned how much pizza did you have, correct? BROCCHINI: I asked him. GERAGOS: Okay. And so you went to Mountain Mike's; is that correct? BROCCHINI: I don't know if I went there or I called there. GERAGOS: Okay. Did you find out that by the time you got there, which was January 17th, you spoke to a pizza manager there, Chris Lotaz? BROCCHINI: Yes. GERAGOS: Did he tell you that the surveillance tapes only went back to December 30th? BROCCHINI: Can I look in my report? GERAGOS: Sure. I'm showing you what I'm looking at, 1167. It starts on 1166. BROCCHINI: Can I just look at the bottom? Yes. JUDGE: Mr. Geragos, we're going to take the evening recess.
June 29, 2004 Redirect Examination by Rick Distaso JUDGE: All right. This is the case of People versus Scott Peterson. Let the record show the defendant's present with counsel and the jury's in the jury box along with the alternates. And, Mr. Geragos, do you have any more questions of this witness? GERAGOS: No, Your Honor. JUDGE: Okay. Then Detective Brocchini, we got to put you back in the box. GERAGOS: That's why I have no more questions. JUDGE: All right. Okay. Are you ready to go, Mr. Distaso? DISTASO: I am, Your Honor. I just need the camera to warm up. JUDGE: Okay. DISTASO: It will just take about a minute. DISTASO: Detective, I want to start off with some of the things that counsel went over with you yesterday. And do you remember he was asking you about when you were, you first became aware of Amber Frey? BROCCHINI: Yes. DISTASO: Now counsel was asking you about the original tip that you received. Do you remember that? BROCCHINI: Yes. DISTASO: All right. Let's, let's go through that information kind of in detail a little bit about what was being typed into the computer. Let me show you this page. It's Bates stamp I think 67. GERAGOS: What page? BROCCHINI: 67. DISTASO: 67. DISTASO: Do you recognize that? BROCCHINI: I do. DISTASO: It looks like on December 30th Amber called the tip line; is that right? BROCCHINI: Yes. DISTASO: And there was a tip line established for Modesto police for information in this case? BROCCHINI: Yes. DISTASO: And do you, do you have any idea how many tips were actually received? BROCCHINI: Over 10,000 is all I know, I think. DISTASO: And of those 10,000 tips, counsel asked you about a handful of them yesterday. The, some of the tips, is it fair to say, dealt with, do you want to just see this? You might have a different numbering system. Counsel asked you about some of those tips yesterday and there were tips, is it fair to say that there were tips coming in saying that people saw Laci Peterson pretty much all over the world? BROCCHINI: Yes. DISTASO: And is it fair to say that people saw Scott, called in and said they saw Scott Peterson pretty much at least all over the United States? BROCCHINI: Yes. DISTASO: And people saw the boat and what they thought was the boat? GERAGOS: Objection, leading. JUDGE: Sustained. DISTASO: And, well, did people call in and say they saw the boat all over the place? BROCCHINI: Yes. GERAGOS: Objection, compound. JUDGE: Overruled. BROCCHINI: Yes. DISTASO: So these tips that we've been talking about, and counsel asked you a lot of questions of what people told you, you don't know whether that information is accurate or not accurate when people are just calling the tip line? GERAGOS: Objection, leading. JUDGE: It is leading. Sustained. DISTASO: Well, tell me about that. When people call into the tip line, do you know whether the information was accurate or not? BROCCHINI: No. DISTASO: So unless you went out and checked it out, you didn't no one way or another whether these people were complete crackpots or credible? BROCCHINI: I didn't check out a lot of them, most of them, but that's right. Somebody, sometimes you can tell just by reading it was a crackpot. Or if it was somebody that said they saw, you know, Scott Peterson or Laci Peterson on a certain day where we knew they were actually at home talking to, you know, the mom at 8:30, we could just rule out those kind of tips. DISTASO: Okay. So these little specific tips that counsel asked you about where somebody said they saw Laci, when that information called into the tip line, nobody knows if it's accurate or not at the time it's called in? GERAGOS: Objection, leading, compound. It calls for speculation. JUDGE: It is leading. Sustained. DISTASO: The, now let's go over the tip from Amber Frey. She said, because counsel asked about you this stuff yesterday. The only reason he was permitted to ask you the specifics of these tips is to go to the reasonableness of your conduct, not whether any of this information is true or not? GERAGOS: Objection, argumentative. JUDGE: Well, I will instruct the jury. Do you want me to tell them? DISTASO: Yes, please, judge. JUDGE: Ladies and gentlemen, yesterday or the last two or three days, Mr. Geragos was asking questions of this witness as to information he received. As I told you yesterday, it's not that information, that information is not being offered for the truth because it's not hearsay. Hearsay is an out-of-court statement which is offered for the truth of the facts contained into the statement. This is not hearsay. This is information that he received and the issue here is to the reasonableness of his conduct and also to his state of mind. That's what we're talking about. So that stuff that's not being offered for the truth that that's in fact what they saw or that's in fact what he heard or that's in fact what he said, it's what he was told. And as a result of what he was told, what did he do about it. Okay. But what is being told is not being offered for the truth. And later on at the end of this trial I will be instructing you as to that, so bear that in mind. Okay. Go ahead. DISTASO: Thank you, judge. DISTASO: So let's go through what Amber Frey, what the tip line said. It said, it came in, "Amber." Do you have this page, by the way? BROCCHINI: I do. DISTASO: It came in "Amber." It had her phone number, callback phone number. It said on 12/5/02 she was told by Scott that he lost his wife. Right? BROCCHINI: Yes. DISTASO: And it says said that on, 12/9/02 it said that he lied to her about being married and that he lost his wife, right, that's what the tip said? BROCCHINI: Yes. DISTASO: It said, it claims she claims was in a relationship with her. And according to her, he was going to Paris, right? BROCCHINI: Yes. DISTASO: He spent the night with her on 12/14 and that is, was the last night he spent with her. And at that time he claimed he lived in Sacramento, right? BROCCHINI: Yes. DISTASO: She said he went back there, was going to Maine or Arizona the next day and was to fly, fly out of San Francisco, right? BROCCHINI: Yes. DISTASO: And did you subsequently find out that all of this information that Amber said that the defendant told her was not true? GERAGOS: Well, there's an objection because that's precisely was saying was not offered for the truth of the matter. It's offering, if I can make my objection. If he's offering the tip, he's offering it, I assume from the same basis, which is the reasonableness of the investigation. And he's not then permitted to ask whether the truthfulness about the truthfulness because that's precisely what he did. JUDGE: What, we're talking about what investigation he conducted and what conclusions he came to, correct? DISTASO: That's right. JUDGE: So I'm going to overrule the objection. Go ahead. DISTASO: So you subsequently found out that the information that Amber told you the defendant had told her about being in Maine, flying out of San Francisco, going to Paris, was all not true? BROCCHINI: That's correct. DISTASO: Did the defendant ever tell you that he was involved in this relationship and lying to his girlfriend about what was going on with his wife being missing, did he ever tell you that information? BROCCHINI: No. DISTASO: The, she also said that she spoke to him twice on Christmas day, correct? BROCCHINI: Yes. DISTASO: Later on in the tip. Well, let's keep going, actually. Before that, she said he called two days later from Sacramento and said that he was getting ready to Kennebunkport in Maine, to stay with his parents for Christmas, right? BROCCHINI: Yes. DISTASO: And did you later find out that that information was not true? BROCCHINI: Yes. DISTASO: Because in fact didn't you see or speak to Mr. Peterson on Christmas day? BROCCHINI: Yes, I saw him. DISTASO: And where was he? BROCCHINI: At the police station. DISTASO: Okay. So he wasn't in Kennebunkport, Maine? BROCCHINI: No. DISTASO: Now, and did Scott Peterson ever tell you that he had been telling this information to Amber Frey on Christmas day? BROCCHINI: No. DISTASO: He also said, she also, I mean she also told you that he told her that he was in Maine with his family on Christmas, right, we just went over that? BROCCHINI: Yes. DISTASO: And she said that he called her everyday since Christmas, correct? BROCCHINI: Yes. DISTASO: That he was going to Boston and then he was leaving for Paris, right? BROCCHINI: Yes. DISTASO: She said that he missed his flight to Paris and he was going to get ready to call her again at 7:00, was getting ready to board his flight, right? BROCCHINI: Yes. DISTASO: And will call later to explain the time difference between Paris and Madera, or whatever Amber was? BROCCHINI: Yes. DISTASO: Now, you had this information in this tip on December 30th, correct? BROCCHINI: Yes. DISTASO: Did Scott Peterson ever tell you that he had given Amber Frey this information on December 30th? BROCCHINI: No. DISTASO: Okay. And on December 30th, the entire world, as far as you were concerned, was looking for his missing wife; is that right? GERAGOS: Objection, leading, argumentative. JUDGE: Well, both grounds are sustained. DISTASO: Is that correct, though, detective? GERAGOS: Objection. DISTASO: Let me ask the question. JUDGE: Don't ask a leading question. DISTASO: On December 30th was the entire Modesto Police Department aware that Laci Peterson had been missing? BROCCHINI: Yes. DISTASO: And was a large percentage of that police department involved in looking for what happened to Laci Peterson? BROCCHINI: Yes. DISTASO: Now there's a little, there's more information in this tip that I didn't go over, correct? BROCCHINI: Yes. DISTASO: Such that he was getting a European phone number, right? BROCCHINI: Yes. DISTASO: And that that number would be forwarded to a number 499-8427, right? BROCCHINI: Yes. DISTASO: And that was the number GERAGOS: Objection, leading. DISTASO: If that number, I changed it. JUDGE: He just changed it. DISTASO: Was that the number to your knowledge that the defendant would use with Amber Frey? BROCCHINI: Yes. DISTASO: Now, do you remember yesterday when Mr. Geragos asked a question about Amber Frey saying that a man named Dave JUDGE: Gardanelli. DISTASO: Gardanelli, that's right. When Dave Gardanelli told her something about his wife being deceased in a bar? BROCCHINI: Yes. DISTASO: All right. And was your understanding, when she told you that, that that was a situation where he was trying to pick her up in the bar. Was that the information that you received? BROCCHINI: No. DISTASO: Okay. So this wasn't a thing that like, in your mind and what you were thinking, you didn't take this or did you take this as that all married men in bars say their wife are dead to pick up other women, is that how you took the tip? BROCCHINI: No, that isn't how she said it to me. DISTASO: Okay. Let's go through exactly what she did tell about you that. In fact, I am going put it up here on the screen? GERAGOS: Objection, leading. Objection to putting it up on the screen. There's also, there's a proper way to do this is to ask what she told him. He's not on cross. JUDGE: He's conducting. And if there's an objection, let me see what you're going to do and then I'll entertain an objection. GERAGOS: What page are you on? DISTASO: This is 41226. And, Your Honor, I'm going to put this transcript up just as Mr. Geragos put up police reports yesterday. JUDGE: I'm aware of that. GERAGOS: Can I see it before you put it up, please. GERAGOS: There's no foundation for him to put it up. I indicated yesterday that the transcripts have not been reviewed so there is no foundation for them to put it. It's not a transcript in which this detective JUDGE: I don't think this has to be. Is this to refresh his recollection? DISTASO: Yes, Your Honor, but, you know what, I'll lay a foundation anyway. JUDGE: All right. Lay a foundation and we'll save the objection. DISTASO: That's fine. DISTASO: Detective, did you sit in with an interview with Detective Buehler and Amber Frey? BROCCHINI: Yes. DISTASO: And was that interview transcribed? BROCCHINI: Yes. DISTASO: And this 41226 that I'm about to show, did you review that transcript? BROCCHINI: Yes. DISTASO: And was that an accurate copy of what Amber Frey actually said about this Dave Gardanelli incident? BROCCHINI: This transcript we're holding, 41226 is the corrected copy. DISTASO: Okay. GERAGOS: Same objection. It's improper to put up on the screen. JUDGE: Overruled. GERAGOS: It's been used to refresh his recollection, but not to have it placed in front without adequate foundation. JUDGE: Overruled. DISTASO: While he's doing that, let's go through this here. The bottom portion, do you have this transcript in front of you, detective? BROCCHINI: Yes. DISTASO: Okay. The bottom portion here, for some reason our resize isn't working for us today, but here's what it says and tell me if this is what she said. A friend of mine for three years, right? BROCCHINI: Yes. DISTASO: I'm going make a long story short she says? BROCCHINI: Yeah. DISTASO: Had married this girl that had a twin sister. Uh. I ran into him. This is when I was 18. This is when I was, like, 18. I'm 27 now, so it's been some time. But I had seen him off and on and I had ran into this guy, Dave Gardanelli, that had married my friend, Kelly, that I had worked with at Thrifty at the time when I was first pregnant with Iyana. And you know that's her daughter, right? BROCCHINI: Yes. DISTASO: And him and I have been friends ever since. So she's telling you that this guy, Dave Gardanelli, she's been friends with, right? BROCCHINI: Yes. DISTASO: Well, then, I had seen him at the bar, she says, right? BROCCHINI: Yes. DISTASO: And I said, where is Kelly. And Kelly is the woman that he married, right? BROCCHINI: Yes. DISTASO: That's how you understood this? BROCCHINI: Yes. DISTASO: And he goes, oh, you didn't hear? He goes, she had a heart, you know, she had a heart condition. And I go, yes. And he said, well, she passed away last February. And I went, you know, it took me, like, you're kidding me. She's only 30. Okay. So that's the story she told you about what he told her in the bar, right? BROCCHINI: Yes, yes. DISTASO: Then she went on to say, well, on Thursday, December 19th I was at the gas station. A long story short, I run into Kelly, thinking it was Shelly, her twin sister. And she said, well, I still do nails. I walked out to my car and I went, no. I went back and I said, hey, Shelly, you step outside with me. And she said, yeah. I said, okay, wait, your sister did nails, right? And she goes no, I did. That's right you called me Shelly. No, I'm Kelly. I'm Kelly. Right? BROCCHINI: Right. DISTASO: So she's saying she got her confused, but she finds out, no, it's really this guy's wife, right? BROCCHINI: Right. DISTASO: And she says, what, I'm sitting in front, unbelievably. I was, like, he told me you were dead, right? BROCCHINI: Right. DISTASO: And she says, no, he raped, Dave Gardanelli, he raped and beat me when we were married. I've been hiding from him for three years, right? BROCCHINI: Yes. DISTASO: Okay. So this incident that he told you about where some guy had talked to her in the bar about his wife being dead, you find out that that woman's really alive, right? BROCCHINI: Yes. DISTASO: But this guy has actually raped and beaten his wife, right? GERAGOS: Objection, judge. He knows better than that. He's just completely misleading. JUDGE: That's a speaking objection. GERAGOS: There's been nothing but speaking objections from the prosecution. JUDGE: Can I hear? GERAGOS: It's argumentative. JUDGE: Sustained. DISTASO: So that was a true rendition of the information you received about Dave Gardanelli, correct? GERAGOS: Objection, that's argumentative. DISTASO: No, that's not, judge. JUDGE: What was the question? DISTASO: That was a true fact of the information he received about Dave Gardanelli? JUDGE: That's the statement that he got about Dave Gardanelli from Amber Frey. DISTASO: Is that correct? BROCCHINI: That's correct. DISTASO: Now did you, did you receive a tip from a man named Michael Espidia? BROCCHINI: Yes. DISTASO: And, well, actually, let me ask you this. Now of course the information I just showed you, detective, who would be the correct person to really come in and testify about that? Yourself? GERAGOS: Objection, calls for a legal conclusion. JUDGE: Sustained. DISTASO: Who knows more about what happened in that incident we just talked about, you or Amber Frey? GERAGOS: Objection, calls for speculation. Also defeats JUDGE: That is sustained. How do we know? DISTASO: Now, did you receive a tip from a man named Michael Espidia? BROCCHINI: Yes. DISTASO: What did he say, what did he tell you? BROCCHINI: He said he had known Scott and Laci Peterson since 1995. He went to college with Scott at San Luis Obispo. His, he knew then after Laci and Scott Peterson got married. He played racketball with them two or three times a week. He called and said he had a conversation with Scott Peterson in 1995 where Peterson told him how he could get rid of a body if he killed somebody. DISTASO: And what did he say that Scott Peterson told him? BROCCHINI: He said that he would tie a bag around the neck, the neck with duct tape, put weights on the hands, throw it in the sea and the fish activity would eventually eat, the body would float up, the fish activity would eat away from the head and the hands and the body would float up, no fingers, no feet, so there could be no identification. DISTASO: And that was a tape-recorded interview also, right? BROCCHINI: Yes. DISTASO: So we have a transcript of that particular interview and we have a tape recording of it, right? BROCCHINI: Yes. DISTASO: And so as far as you know Michael Espidia is a real person? BROCCHINI: Yes. DISTASO: And as far as you know if we wanted to hear from him he could be subpoenaed to court? BROCCHINI: Yes. DISTASO: And as far as you know Amber Frey is a real person? BROCCHINI: Yes. GERAGOS: Objection. It's 352. JUDGE: Overruled. DISTASO: And as far as you know, she, we could subpoena her to court to testify whatever she knows about this case? BROCCHINI: Yes. DISTASO: And Mr. Geragos asked you yesterday about a whole number of other witnesses, do you remember that? BROCCHINI: Yes. DISTASO: Robert Watrose was one of them? BROCCHINI: Yes. DISTASO: And as far as you know he's a real person? BROCCHINI: Yes. DISTASO: And he gave you information, did he give you BROCCHINI: No. DISTASO: well, hold on. Did he give you information in your police report about where he lives? BROCCHINI: Yes. DISTASO: If you need to look at it, go ahead. BROCCHINI: Yes. DISTASO: Did he give you information about what his cell phone is? BROCCHINI: Yes. DISTASO: Did he give you information about what his phone number is? BROCCHINI: Yes. DISTASO: And as far as you know he could be subpoenaed to court if we wanted to hear what he had to say? BROCCHINI: Yes. DISTASO: Now, do you remember counsel asked about you Amie Krigbaum? BROCCHINI: Yes. DISTASO: And he asked you something about an incident that occurred on January 19th, right? BROCCHINI: Yes. DISTASO: And he had you go through the statement that you gave, that she gave to you? GERAGOS: There's an objection. It's 352. The Court has explained to the jury why we proceeded the way we did and it is misleading for him now to be asking these questions in this fashion suggesting that in fact that was offered for the truth when we were asking him to do was to render an opinion or we were trying to get out what the reasonableness of the information is. You cannot have it both ways. JUDGE: I haven't heard the question yet. DISTASO: Your Honor, I am permitted to go through every witness that he talked about yesterday and ask this detective if those are real people, request they can be subpoenaed to court and if we can hear their information here. It's not fair to let him bring up all this. GERAGOS: Well, wait now. He DISTASO: I'm sorry, judge. It's just that JUDGE: I knew this was going to deteriorate to this, and we got to this. I just had that sinking feeling. I want you to ask your questions. I'll entertain any objection he has, I'll rule it on, and you ask your next question. DISTASO: I'm sorry. JUDGE: We're going conduct this in a lawyer-like fashion, not like bickering children. Let's get that straightened out right now. Now let me hear your question. DISTASO: Thank you, judge. DISTASO: Now, detective, you were asked about Amie Krigbaum, correct? BROCCHINI: Yes. DISTASO: And Amie Krigbaum was a witness who lives across the street from the Peterson home? BROCCHINI: Yes. DISTASO: And Mr. Geragos asked you a number of questions about an incident that happened on January 19th, right? BROCCHINI: Yes. DISTASO: And that was when Kim McGregor burglarized the Peterson residence? BROCCHINI: Yes. DISTASO: Okay. Amie Krigbaum, to your knowledge, do you know if she's already testified in this trial? BROCCHINI: I know she has. DISTASO: And so you obviously know she's a real person? BROCCHINI: Yes. DISTASO: And she could be recalled back to this trial, correct? BROCCHINI: Yes. DISTASO: And she could be asked any question that we want to ask her about what happened on January 19th? GERAGOS: There's an objection. It calls for a legal conclusion. It also technically, and he made the objection yesterday, he knows those questions exceeded the scope of direct so I don't understand what we're doing here. JUDGE: Well, are you going to go beyond the scope of direct examination? Because there were some questions asked about her about information she gave, correct? DISTASO: You mean, I'm only following up on his cross-examination, Your Honor, that's all I'm doing right now. GERAGOS: I don't want to get into in a speaking objection, but there's a fundamental problem what's going on. I don't know how to address it other than to speak. So, and I don't want to be in a position where I'm trying to be obstreperous, but there's a fundamental problem with the way this is being approached. JUDGE: And I suspect I know what it is so maybe we ought to excuse the jury. GERAGOS: Well, I don't want to do that, but I think there's a fundamental problem with the way this is being handled. JUDGE: Well, I'm going to, you know, the issue of the burden of proof and so forth. GERAGOS: Exactly. And we're going, I want to be heard on that. This is, you know, there's a fundamental serious problem with how this is being handled. JUDGE: Well, I don't know how we can deal with that with the jury being present. I'd have to have the jury excused. DISTASO: Well, Your Honor, why don't we do this, I'll move on to another topic. JUDGE: Here's the problem just so this out as a suggestion here. By raising these issues about whether or not this person could be subpoenaed, you know, the burden is not on the defense, the burden is on the prosecution. So bear that in mind when you ask these questions. DISTASO: That's fine, Your Honor. JUDGE: All right. DISTASO: And then what I would ask the Court, Your Honor, because I can move on to another topic. That's fine. I would ask the Court maybe at the break we can address this issue. JUDGE: Okay. I want to throw that out there for you so you know where you're going. DISTASO: The, let's, detective, let's move on a little bit. Do you remember that last Thursday Mr. Geragos asked you about some information that was contained in your report? BROCCHINI: Yes. DISTASO: And, or I should say some information that was omitted from your report, right? BROCCHINI: Edited, right. DISTASO: Now was that information contained in another detective's report? BROCCHINI: Yes. DISTASO: Let's go through that in detail about exactly what happened. The reports you wrote was an interview of what person? BROCCHINI: Greg Smith. DISTASO: And why did you interview Mr. Smith? BROCCHINI: He called in a tip to the D.A.'s Office regarding an incident that happened at the warehouse that Scott Peterson used to rent or lease for TradeCorp. DISTASO: Let me show you this tip and see if this is the information that was called in. BROCCHINI: It is. DISTASO: The date of this tip on the top here is June 29th '03, right? BROCCHINI: Yes. DISTASO: I don't know what this date on the bottom is, but make sure the jury sees all of the information. This is something on the bottom of this that says Wednesday, June 25th, 2003? BROCCHINI: Yes. DISTASO: Do you know what date that this tip was actually called in, the 29th or the 25th? BROCCHINI: No. I think it was the 29th, but I don't know for sure. DISTASO: It says John Gould, and that's someone in my office, right? BROCCHINI: Yes. DISTASO: Asked info to her, who is I guess is Carla Tias? BROCCHINI: Yes. DISTASO: Greg Smith, a realtor who was showing Peterson building as the lease. Called Brazelton, who's the D.A., right? BROCCHINI: Yes. DISTASO: Knows him from Lions Club. To apprise us of the following: As he knows important, someone be made aware of what happened. Investigators from the Peterson family picked up a water bottle out of the seat of a forklift that was in the building, right? BROCCHINI: Yes. DISTASO: Smith told them they shouldn't take it as it didn't belong to them. So we're talking about Greg Smith here, right? BROCCHINI: Yes. DISTASO: And said to them, how would you like it if you were showing the building. Because he was showing this building to rent it? BROCCHINI: Right. DISTASO: And someone did that. Right? BROCCHINI: Yes. DISTASO: They didn't seem to care and took it anyway. Right? BROCCHINI: Yes. DISTASO: He has no business card and the names are William Pavelic, Investigative Consultant, right? BROCCHINI: Right. DISTASO: Right? BROCCHINI: Yes. DISTASO: And Matt Dalton, a lawyer with the firm of Geragos & Geragos,right? BROCCHINI: Yes. DISTASO: And do you know those two individuals to be associated with Mr. Geragos' office? BROCCHINI: Yes. DISTASO: Okay. So that's the original tip that came in, right? BROCCHINI: Yes. DISTASO: And that's the one that you later followed up on? BROCCHINI: Yes. DISTASO: Okay. Is there any information in the original tip about Peggy O'Donnell and Laci using her bathroom? BROCCHINI: No. DISTASO: Now, let's look at your report of that incident. Is that a copy of your report? BROCCHINI: Yes. DISTASO: And it says, that has the tip number, right? BROCCHINI: Yes. DISTASO: People's 86, there's an I.D. number on the top, right? BROCCHINI: Yes. DISTASO: And that says 10097? BROCCHINI: Yes. DISTASO: Which what you put in your report? BROCCHINI: Yes. DISTASO: And it says on 6/29 the real or Greg Smith called and he said basically the information I just told you? BROCCHINI: Yes. DISTASO: On 8/13, on August 13th you spoke to Greg Smith? BROCCHINI: Yes. DISTASO: And he told you this information, right? BROCCHINI: Yes. DISTASO: Let's go through exactly what he told you. In March 2003, Smith met with Scott Peterson regarding subleasing that warehouse? BROCCHINI: Yes. DISTASO: And the warehouse we're talking about is the one that has been at issue here in trial, right? BROCCHINI: Yes. DISTASO: That Scott Peterson had vacated the warehouse? BROCCHINI: Yes. DISTASO: He said the family had hired some new lawyers and she wanted to know if Smith could show the lawyers the warehouse? BROCCHINI: Yes. DISTASO: Smith agreed and arranged to meet them on June 29th? BROCCHINI: Yes. DISTASO: Smith said that Matt Dalton and William Pavelic were outside. Pavelic with several photographs, right? BROCCHINI: Yes. DISTASO: Smith said they wanted Smith in the photographs, however, he refused? BROCCHINI: Right. DISTASO: Smith said he opened the office door leading into the small office inside the warehouse, right? BROCCHINI: Yes. DISTASO: Where there was a fax machine on the floor, right? BROCCHINI: Yes. DISTASO: And do you remember seeing the fax machine on the floor? BROCCHINI: It was there, there was one on the floor when I was there. DISTASO: And several faxes that had come through, right? BROCCHINI: Yes. DISTASO: Smith said Pavelic, who was the defense investigator BROCCHINI: Yes. DISTASO: told him that he was going to take all the faxes? BROCCHINI: That's what he said. DISTASO: Smith told them that he couldn't take them, right? BROCCHINI: Right. DISTASO: The investigator, Pavelic, told him we're Peterson's attorney so we can take anything that belongs to Peterson? BROCCHINI: Right. DISTASO: Smith told Pavelic that this is TradeCorp's building, not Peterson's, so he didn't feel that it was right for them to take anything. Smith and Pavelic had spread out all the papers on the floor, which included about 20 pages, took pictures of them? BROCCHINI: Yes. DISTASO: After they went in the warehouse, Smith said, I mean Dalton told Smith, I don't see what I'm looking for, do you? BROCCHINI: Right. DISTASO: Smith replied he didn't know what they were looking for, then Dalton said we're looking for debris of cement that was possibly used when making anchors? BROCCHINI: Yes. DISTASO: Smith said it was sounding like Dalton was referring ne 10 to something that he read in a police report? BROCCHINI: Yes. ine DISTASO: Smith told Dalton that the warehouse was packed several months ago, but ever since then it's been empty so he was too late to see what was in the warehouse? BROCCHINI: Right. DISTASO: Smith said as he and Dalton were near the back of the warehouse where the bathroom is, Pavelic began hollering at Dalton to hurry and come over? BROCCHINI: Yes. DISTASO: Smith said Pavelic held up something that Pavelic found on a forklift. Pavelic was holding up something that resembled a water bottle, however, he couldn't be sure? BROCCHINI: Yes. DISTASO: And Pavelic, again, the defense investigator? BROCCHINI: Yes. DISTASO: Dalton was one of the defense attorneys? BROCCHINI: Yes. DISTASO: And Greg Smith was the realtor? BROCCHINI: Yes. DISTASO: By the time Smith and Dalton got over to where Pavelic was, Pavelic had concealed the item so Smith couldn't see it? BROCCHINI: Yes. DISTASO: Smith said Pavelic seemed to think whatever he found was significant. Pavelic told Smith I am not asking you, I'm taking this. BROCCHINI: Yes. DISTASO: Smith told Dalton and Pavelic, if I were representing you, I wouldn't let anyone take anything out of the office while I was there without your permission, right? BROCCHINI: Yes. DISTASO: And Smith said he was upset at whatever Pavelic took? BROCCHINI: Yes. DISTASO: Okay. Smith said he couldn't be sure of what the item was Pavelic had taken from the warehouse, other than Smith remembering it looked something like a water bottle with a photograph? BROCCHINI: Yes. DISTASO: Right. Now this next paragraph is the paragraph that you edited that information out? BROCCHINI: Yes. DISTASO: You took out of the information about Peggy O'Donnell seeing Laci at her bathroom, right? BROCCHINI: Yes. DISTASO: Let's look exactly what that information was that you took out. Now, this is what you took out, once they were outside, Smith pointed out a neighboring building or a neighboring warehouse, right? BROCCHINI: Yes. DISTASO: And advised Dalton and Pavelic that Peggy had allowed Laci to use the restroom on 12/23/02? BROCCHINI: Yes. DISTASO: Smith said Dalton and Pavelic drove out of the warehouse parking lot without contacting Peggy? BROCCHINI: Right. DISTASO: Smith said Peggy, period, I don't know what that is. He had spoken to Peggy several times regarding Laci using Peggy's restroom on 12/23? BROCCHINI: Yes. DISTASO: And Peggy told Smith she had already been interviewed by law enforcement? BROCCHINI: Yes. DISTASO: So Smith told you that he told the defense attorneys about this, right? BROCCHINI: Yes. DISTASO: That he told the defense investigator about this? BROCCHINI: Yes. DISTASO: That they drove through the warehouse parking lot without contacting her? BROCCHINI: Yes. DISTASO: And that she had already been interviewed by law enforcement? BROCCHINI: Yes. DISTASO: Now, let me show you this report from, and your interview of Smith, Greg Smith, was on August 13th, 2002? BROCCHINI: 2003. DISTASO: I'm sorry, 2003? BROCCHINI: Yes. DISTASO: Now, now are you familiar with Detective Holmes' report where he personally interviewed Peggy O'Donnell? BROCCHINI: Yes. DISTASO: So I'm going to mark this, judge. JUDGE: People's next in order, that be No. 86. GERAGOS: 87. DISTASO: I'm sorry. The tip was 86, Your Honor. JUDGE: That's all right. Sorry. 86 was the tip. 87 is Holmes' police report? DISTASO: Yes. JUDGE: What's the date? DISTASO: December 30th, 2002. So your interview took place in August of 2003? BROCCHINI: Yes. DISTASO: All right. Now are you aware that in December of 2002, after Laci Peterson went missing, there was a canvas of the warehouse area where Scott Peterson had his shop? BROCCHINI: Yes. DISTASO: Now let me show you what, now, here's this report we're looking at right now, is this an interview of Peggy O'Donnell? BROCCHINI: Yes. DISTASO: And this report says on December 30th, 2003, right? BROCCHINI: Yes. DISTASO: At about 1438 hours I interviewed Peggy O'Donnell at her business? BROCCHINI: Yes. DISTASO: Detective Holmes wrote that he personally spoke to Peggy O'Donnell? BROCCHINI: Yes. DISTASO: I showed her photographs of both Laci and Scott Peterson? BROCCHINI: Yes. DISTASO: So this report was taking place eight months prior to yours? BROCCHINI: Yes. DISTASO: She was familiar with both of them. BROCCHINI: That's what she said, yes. DISTASO: She said she had seen Scott Peterson on one occasion when he let her business use his forklift to move some property? BROCCHINI: Yes. DISTASO: And Peggy O'Donnell has one of the warehouses in the complex where Scott Peterson did? BROCCHINI: Yes. DISTASO: She said Laci Peterson had come to her business and asked to use the bathroom on either 12/20 or 12/23? BROCCHINI: Yes. DISTASO: She believes this was late afternoon, however, she could not be sure? BROCCHINI: Yes. DISTASO: So what Peggy says is that Laci had come to her, her shop and asked to use the bathroom? BROCCHINI: Yes. DISTASO: Was there anywhere that you saw in Detective Holmes'report that said that Laci Peterson had used the bathroom at Scott's shop? BROCCHINI: No. DISTASO: O'Donnell said she had only talked to Scott Peterson on one occasion, right? BROCCHINI: Yes. DISTASO: However, she believed she has seen his truck several times either late morning or late afternoon? BROCCHINI: Yes. DISTASO: I showed her a picture of the boat, she said she had never seen the boat. BROCCHINI: Yes. DISTASO: Okay. And to your knowledge both of these reports, yours and Detective Holmes, were discovered to the defense attorneys? BROCCHINI: Along with my notes and my dictation tape. DISTASO: Okay. The notes of the interview, do your notes contain the information about Peggy O'Donnell and the bathroom, Laci using the bathroom? BROCCHINI: On the 23rd, yes. DISTASO: And your dictation tape is what Mr. Geragos played in court regarding this information being omitted from your report? BROCCHINI: Yes. DISTASO: So you retained those two documents, your notes and the dictation tape? BROCCHINI: Yes. DISTASO: And did you provide those, that information to the defense in discovery? BROCCHINI: I provided it to the D.A.'s Office who discovered it to the defense. DISTASO: Let me go to another issue that you were asked about regarding Mr. Peterson's gun. Your Honor, I would ask the Court to take judicial notice, Penal Code statute 12031. GERAGOS: Judicial notice requires notice to the other side. DISTASO: Well, then, I'll give notice now and then maybe we can take a break, Your Honor, and they can and look up the statute. JUDGE: 12031. GERAGOS: I'm familiar with 12031. JUDGE: I think I'm familiar with it, but I'll take a look at it just to make sure, and then I'll reserve a ruling until the other side has a chance to look at it. JUDGE: You said 1203.1? DISTASO: No, 12031. GERAGOS: 12031. JUDGE: 12031, okay. I thought I was in the wrong place. DISTASO: Detective, is that the gun that you found in the Mr. Peterson's glove box? BROCCHINI: Yes. DISTASO: And let's go through exactly what happened there. Your Honor, is the Court going to take judicial notice of that statute? GERAGOS: Well, I thought we just said we were going to wait and take it up at the break. JUDGE: He's been an officer for 19 years. I don't think Mr. Geragos is going to scream and holler about that. DISTASO: Are you familiar with Penal Code section 12031, detective? BROCCHINI: Yes. DISTASO: And I have a copy here if you need to take a look at it, but, Tell me if this sounds correct to you about GERAGOS: Judge JUDGE: Detective, is it illegal to have a loaded firearm in the vehicle? BROCCHINI: Yes. JUDGE: Next question. DISTASO: When you found Mr. Peterson's gun in the glove box, was it loaded? BROCCHINI: Yes. DISTASO: And can you show the jury how you knew that it was loaded. Show them with the gun. BROCCHINI: Because the magazine that fits in the bottom here, you can see the bullets through this open slide. DISTASO: And according to section, Penal Code section 12031, is it illegal to transport a loaded firearm in your vehicle? BROCCHINI: Yes, it is. DISTASO: And what did Mr. Peterson, how long did Mr. Peterson tell you he had had that .22 caliber pistol with the magazine and bullets in the gun in his glove box? BROCCHINI: For one month. DISTASO: And did he tell you that during that time he had transported that gun to any location? BROCCHINI: Yes. DISTASO: In fact, on that particular date where did he tell you that he had gone? BROCCHINI: To the Berkeley Marina. DISTASO: Do you have the trans, do you have to drive on a public highway to get to the Berkeley Marina from Modesto? BROCCHINI: Yes. DISTASO: How far is it from Modesto to the Berkeley Marina? BROCCHINI: About 85 miles. DISTASO: Can you tell the jury, let's go through this in more detail, though. You went with the defendant after looking in his house, right? BROCCHINI: Yes. DISTASO: Out to the truck? BROCCHINI: Yes. DISTASO: Okay. We've talked about a whole bunch of things in the truck. I want to focus on the gun right now. Tell the jury exactly what happened regarding the truck and how you found the gun. JUDGE: Calls for a narrative answer. DISTASO: That's right. DISTASO: Let's start from the beginning. You opened the door to the truck; is that right? BROCCHINI: I opened it, he unlocked it with his remote key. I already knew the gun was in there, though, I mean before I got to the truck. DISTASO: Okay. How did you know that? BROCCHINI: Because when we were at his house and I saw his long guns and I asked him if he had any handguns. DISTASO: And what did he tell you? BROCCHINI: He said he had two handguns, one was stolen a year or two or three earlier from his vehicle and he had a second gun that was out in his glove compartment. DISTASO: And did you ask him if you could go out and look in his truck for any evidence of what happened to Laci Peterson? BROCCHINI: Yes. DISTASO: So when you went out to the truck you knew the gun was there? BROCCHINI: Yes. DISTASO: At the time you went out there were you familiar with the statute 12031? BROCCHINI: Yes. DISTASO: And that, and you were familiar that it's illegal to have a loaded handgun and transport it on a public street in your vehicle? BROCCHINI: Yes. DISTASO: Now, while the defendant was asked, while you were asking him about the gun in the house, did he tell you where he normally stored the gun? BROCCHINI: Yes. JUDGE: Are you marking something? DISTASO: Judge, I'll tell you as soon as Marylin gets it down. JUDGE: This is number 88? DISTASO: No. 88 and 89. They'll both be pictures of the computer desk in the defendant's home. JUDGE: Pictures of the computer desk? DISTASO: Computer desk and an open cabinet. JUDGE: Mr. Geragos, have you seen these? GERAGOS: I don't know. I'll take a look in a second. DISTASO: And the next one I'm going to mark as some phone records, judge. JUDGE: All right. DISTASO: Okay. Detective, where did the defendant tell you that he had normally stored his gun? BROCCHINI: In his desk. It's not a drawer, but it's like a cabinet in his desk. He pointed it out to me. DISTASO: Okay. And this is People's 88. Do you recognize that picture? BROCCHINI: Yes. DISTASO: Okay. And is this the area, part of the area where he said he stored the gun? BROCCHINI: Yes. DISTASO: And what about People's 89? BROCCHINI: It's a photograph of where he said he stored the gun. DISTASO: Okay. These are both places in his home? BROCCHINI: Yes. DISTASO: Can you point out to the jury what room we're going to be looking at where the defendant said he stored his gun. BROCCHINI: It was in a desk right in the corner of this second bedroom. DISTASO: Let me show you People's 88. Okay. Is that a picture of the desk area where the defendant pointed out to you that he stored his gun? BROCCHINI: Yes. DISTASO: And where on that, in that or on that desk area did he say he stored the gun? BROCCHINI: In that cabinet under the desk. DISTASO: It looks like a remote control on top of there? BROCCHINI: Yes. DISTASO: So in that cabinet underneath? BROCCHINI: Yes. DISTASO: So let me show you People's 89. Is this a picture of the cabinet opened up? BROCCHINI: Yes. That was taken two days after. I mean, that was taken on the day of the search warrant. DISTASO: These pictures that I just showed you, People's 88 and 89 were not taken on the 24th when you were with the defendant in the house? BROCCHINI: No. DISTASO: They were taken on the 26th or 27th during the search warrant? BROCCHINI: Yes. DISTASO: Where inside this cabinet did he tell you that he kept the gun? BROCCHINI: He didn't, he just pointed it out and I opened it and looked in there. I mean, he just said "in there." DISTASO: Did the interior of that on the 24th look basically as we see it here in this picture on the 26th or the 27th? BROCCHINI: Yeah, I just remember books or stuff leaning up against it like that. DISTASO: So after he told you this was normally where he stored it, he then told you what? BROCCHINI: That he, it was out in his car. He took it pheasant hunting with him. DISTASO: Actually, before we get to that let me show you another exhibit. This is People's 37-O. It's difficult to see detective, but is there, down here in the bottom of the picture did you see a duffle bag that was open? BROCCHINI: Yes. DISTASO: And up in the closet portion of the picture here, did you see a duffle bag that was kind of like pulled down or hanging off? BROCCHINI: Yes. DISTASO: And is that in the same room where the defendant told you that he normally stores his gun? BROCCHINI: Yes. DISTASO: And you asked, did you ask the defendant about those items that were hanging down like that? BROCCHINI: Yes. DISTASO: And what did he tell you? BROCCHINI: Well, he said he was sloppy, but he had gotten some, I asked him if he took anything out of that one and he said he took some tennis shoes out earlier that morning. DISTASO: Okay. So let's go back now to the truck. So you went out to the truck and did you ask the defendant if you could look inside his truck? BROCCHINI: I asked him if I could search in his truck for any evidence related to Laci. DISTASO: And what did he say? BROCCHINI: Yes. DISTASO: So then he unlocked the truck? BROCCHINI: Yes. DISTASO: And who opened the door? BROCCHINI: I did. DISTASO: And is that when the door banged against the Landrover? BROCCHINI: Yes, well it didn't bang, it touched. DISTASO: Okay. And then, well, let's see on People's 38 here, the Land Rover, it's marked as LP, do you see that? BROCCHINI: Yes. DISTASO: And then SP is marked as Scott Peterson's truck. Was the truck, it says backed in, do you remember seeing it backed in? BROCCHINI: It was backed in. DISTASO: Okay. So when you were opening the door, you were opening the passenger door? BROCCHINI: Yeah. DISTASO: And then flipped around? BROCCHINI: That's right. I was opening the passenger door. DISTASO: And that touched Laci' car? BROCCHINI: Yes. DISTASO: And what happened, what did the defendant say about that? BROCCHINI: He came up with a glove and he told me he would stand there with the glove between the glove and the Land Rover or he would move his truck for me. DISTASO: And then you said you already knew the gun was in the glove box? BROCCHINI: Yes. DISTASO: So you opened the glove box? BROCCHINI: Yes. DISTASO: And did you find the gun in there? BROCCHINI: Yes. DISTASO: And can you hold the gun up again for the jury. BROCCHINI: <Witness complies.> DISTASO: The gun right now is in a position where the slide is open or pulled back, right? BROCCHINI: Yes. DISTASO: I don't know if the jury is familiar with guns or not, but can you tell the jury how you would, I mean when the slide is pulled back like that can it fire? BROCCHINI: No. DISTASO: And when you saw it that night, was the slide pulled back open like this or was the slide closed? BROCCHINI: It was closed. DISTASO: Okay. Was there a round inside the chamber here? BROCCHINI: No. DISTASO: All right. So in order to fire a gun, you put a magazine in the bottom? BROCCHINI: Yeah. DISTASO: And then you have to pull the slide back, right? BROCCHINI: Yes. DISTASO: Let it go? BROCCHINI: Yes. DISTASO: And that pulls a round into the chamber? BROCCHINI: Right. DISTASO: When you saw it this was forward? BROCCHINI: Yes. DISTASO: But there was no round in the chamber? BROCCHINI: Correct. DISTASO: Okay. Does that fact have anything to do with the legality of whether the gun is considered loaded or not? BROCCHINI: No. DISTASO: So does a round have to be in the chamber ready to fire for the gun to be considered loaded? BROCCHINI: No. DISTASO: The, and so then you took the gun, right? BROCCHINI: Yes. DISTASO: And where did you put it? BROCCHINI: My jacket pocket. DISTASO: And you didn't tell Scott Peterson about that? BROCCHINI: Not right away. DISTASO: And why didn't you tell him at that moment that you were taking the gun? BROCCHINI: I wanted, I wanted to keep him, I wanted to keep him cooperative. I wanted him to keep, you know, keep talking to me, not thinking I was suspicious or I didn't want him to get defensive. DISTASO: Were you suspicious, though, of him at that time? BROCCHINI: Yes. DISTASO: You said you didn't tell him at that particular time that you took his gun, right? BROCCHINI: Right. DISTASO: Did you tell him sometime that evening? BROCCHINI: Yes. DISTASO: And how did you tell him? BROCCHINI: He called me on my cell phone and asked me if I had taken it and I told him I did. DISTASO: All right. Do you remember exactly what time that was? BROCCHINI: It was around 2:00 o'clock in the morning and it was 2:15 now in the morning. DISTASO: Right. Let me show you People's 90. Do you recognize the phone number on here, (209) 505-0337? BROCCHINI: Yes. DISTASO: Who's phone number is that? BROCCHINI: That's, that was Scott Peterson's cell phone at the time. DISTASO: And how is it that you know that that was his cell phone number? BROCCHINI: He gave it to me. DISTASO: And did you review that night the call records from that particular phone? BROCCHINI: Yes, I did. DISTASO: Now, do you see, do you see on People's 90 your phone number? BROCCHINI: Yes. DISTASO: And, I mean, you can go ahead and look at it. Do you see that? BROCCHINI: Yes. It's on there twice. DISTASO: Do you see that as a number that was called from Scott Peterson's phone? BROCCHINI: Yes. DISTASO: When did Scott Peterson call you the first time in the early morning hours of Christmas day? BROCCHINI: At 1:15. DISTASO: Okay. How long was that call for? BROCCHINI: Well, it says, duration, one minute, but that's a minimum, I think, I don't know. DISTASO: All right. Do you remember receiving a call from him at that time? BROCCHINI: No. DISTASO: Your interview with him ended at roughly what time? BROCCHINI: Around 1:00 o'clock. DISTASO: And did you take the defendant straight home after your videotaped interview with him? BROCCHINI: Yes. DISTASO: How far is his home from the police station? BROCCHINI: Three miles, two or three miles. DISTASO: And how long do you think it took you to drive there? BROCCHINI: Five or ten minutes. DISTASO: After you got there, did you drop him off? BROCCHINI: Yes. DISTASO: And was there anyone else at the home that you saw? BROCCHINI: No. DISTASO: This was 1:10 or so, I guess, on Christmas day? BROCCHINI: Yes. GERAGOS: Objection, leading. DISTASO: I mean what time was it roughly did you drop him off? BROCCHINI: 1:00, about 1:10. DISTASO: And you dropped him off where? BROCCHINI: Right in front of his house right at the driveway. DISTASO: Can you show the jury on People's 38. BROCCHINI: Right down the street here and stopped so the passenger door opened and I said good-bye. I said I'd see him in the morning. DISTASO: Do you know which door he went into to go into the house? BROCCHINI: No, I mean he walked up the driveway so he had been going towards the gate, but I didn't see what door he went in. DISTASO: You didn't swing around and watch him or anything like that? BROCCHINI: No. DISTASO: Where did you go afterwards? BROCCHINI: I went back to the police station and made up a flier. DISTASO: And made up a flier for what? BROCCHINI: For Laci Peterson, a missing flier that went out to law enforcement agencies. DISTASO: Now, did you receive another call from Scott Peterson that night? BROCCHINI: Well, I received the only call I know that, and it says 2:15 on there, 2:14. DISTASO: Okay. So on these phone records do you see a call ine 9 where Scott Peterson called your cell phone? BROCCHINI: Yes. DISTASO: And the second call is at what time? BROCCHINI: 2:14. DISTASO: And what is the duration of that call? BROCCHINI: Two minutes. DISTASO: And during that two-minute call, what conversation took place? BROCCHINI: Scott asked me if I had taken his gun. I told him I did. And he said I wish you would have told me. DISTASO: Okay. Well, just hold on. Wait for counsel to finish. And what did you tell him? BROCCHINI: I told him it was illegal for him to have a gun in the car and I was going to book it into evidence. DISTASO: And what was his response to that? BROCCHINI: That's fine. I just wish you would have told me. DISTASO: Your Honor, this might be a good time to break because I'm going to move on to something else, but I would like to move back to that issue we need to address. JUDGE: All right. Ladies and gentlemen, we'll take the morning recess. JUDGE: We're still in session. I just excused the jury, but we're still in session. All right. Let the record show the jury's filed out for the morning recess. Go ahead, Mr. Distaso. DISTASO: Your Honor, what I intend to do is go through all the people that counsel asked about. And in some cases go back through their statements, like counsel did. And in other cases, just ask him are these real people, can they come to court and testify, just like you can. I mean, and I understand the Court's concern about them not having a burden, but the fact is, they opened the door to this. I'm only, I didn't bring up any of this stuff. I'm only responding to the information that Mr. Geragos brought out from this detective. That's all I'm doing. JUDGE: I don't see anything wrong with that. The only problem I have is this issue about whether or not that the reference that he should subpoena these witnesses and put them on the stand and testify. Because the argument, well, I'm not going to argue for Mr. Geragos, what is your position? What do you have to say about that? GERAGOS: When he says are they real, I'll stipulate that all these people are real people. DISTASO: Well, I won't accept that stipulation. GERAGOS: Of course he's not. The problem he's got is that when he starts talking about could they call them in, could they subpoena them in, he can't have it both ways. He asked the Court to instruct the jury with if it was not for the truth of the matter. You just instructed the jury that the reason that we got into this was not for the truth of the matter, but for the reasonableness of the investigation. He's now trying to imply that somehow that what's been done here is that it is for the truth of the matter and that you should view it with some distrust or caution because these people haven't been subpoenaed in. It's inherently a duplicitous position for him to be taking and I believe it's misconduct because it also basically shifts the burden by saying, well, why don't you subpoena this person. Why don't you subpoena that person in. That's the only reason that he's asking that. There is no other legal basis or evidentiary basis upon which you could ask the detective is this a living person, can they be subpoenaed in. Meaning what, that they aren't subpoenaing them in, that the defense doesn't believe them and therefore they shouldn't be subpoenaing them in. That isn't what the grounds that the Court allowed into the evidence in in the first place, which was for the reasonableness of the investigation, number one. And, number two, more of a constitutional concern is that the only implication that can be drawn or the only inference that can be drawn is the defense should bring these people in or the defense has some kind of a burden to do this, and that's just clearly wrong. DISTASO: No, this is, I think Mr. Geragos very smugly yesterday phrased it to me as hoisted on your own guitar, and that's completely, he brought all of this up. He opened the door to all of this. I am only responding to what Mr. Geragos has brought up in his cross-examination. And failure to call a logical witness is absolutely permitted for me to deal with and comment on even. JUDGE: Usually in argument. DISTASO: That's right. But to make the argument, I have to elicit the information from a witness. And I have to elicit the information from a witness in response to what Mr. Geragos has done in cross-examination. GERAGOS: The problem DISTASO: If he didn't want to bring up this information about these people, then he shouldn't have. But the fact is now, here's where I am, he's asked, basically the detective has testified, you know, for 20 witnesses and I am permitted to show this jury that the detective is not the correct person to testify to this information. At least to whether or not it has any validity whatsoever. And if it has no validity, then it's certainly it was related to the reasonableness of his information. That's where this is all going. GERAGOS: The whole basis is he's telling you you were wrong to allow it in. DISTASO: No, that's not true. GERAGOS: The basic underlying assumption of his argument is I'm allowed to tell the jury that there is no validity to this, otherwise the defense should have brought them in. You just explained to them that the reason that this was allowed in was to show what the reasonableness of the investigation is. Now he's trying to suggest to the jury that that wasn't the reason that it was allowed in, that it was allowed in for some other purpose after he's asked you to explain to the jury that the, it was not allowed in for the truth. You can't have it both ways. And, once again, he's not allowed to say that I have the burden to call a witness. In argument he can suggest logical witnesses that go to a fact pattern where the truth of the matter is at issue. That's not what is at issue here. He's the one who's now playing games with the jury. He's telling the jury on one hand, look, you're not supposed to accept the truth of the matter here. But, on the other hand, if you want or if the defense wants, they should have called these people to show the truth of the matter. That isn't what the evidentiary basis was for this evidence coming in. And so that is why he's hoisted on his own guitar, so to speak, because he can't have it both ways. He asked for the instruction, the Court gave the instruction, now he wants to flip it around and have the Court allow him to suggest to the jury that this stuff was allowed in for the truth of the matter and that the better way to have allowed it in for the truth the matter was to call the witness. I don't understand how that can be the case. It's logically inconsistent. DISTASO: I can tell the Court how it can be the case. Because if this information which is complete garbage, which 90 percent of it is, then the detective has no reason to investigate it whatsoever. So I'm permitted to show, to bring out through this detective, that these other people, if this is, if there's valid information that they have, that they should come and talk about it. Perfect example is Amie Krigbaum. She's been here on the stand. He could have asked her anything he wanted or he can recall her. You know, it doesn't matter either way. So now we have two witnesses that have already testified, and now the detective has testified for them again. I mean, so that's where I'm in this position. JUDGE: I understand that. The only thing that troubles me is the way the question's being asked. It does raise that there's some burden with the defense to come forward with this evidence, and, you know, that's not the case. You know that. DISTASO: Well, I mean, if the Court has some suggestion how the Court would feel comfortable with me asking it, that's fine. GERAGOS: Well, it's not the Court's job to give you advisory opinions on how to conduct your case. JUDGE: I think that's right. Maybe if you rephrase, and maybe you can talk to Mr. Harris, rephrase the question another way. I can't tell you how to do it. DISTASO: No, I understand. JUDGE: The way it's being asked it's raising an inference that there's some burden that's being placed on the defense to come forward with these witnesses. And I think it's a thin line and so I would avoid it if I was you and try to ask it in some other way. Maybe you can talk to Mr. Harris. He's sitting there taking this all in. Maybe he's got a suggestion for you. DISTASO: I'll work it out, judge. JUDGE: We'll come back at a quarter to 11:00. All right. JUDGE: All right. This is People versus Scott Peterson. Let the record show the defendant's present with counsel, the jury's in the jury box along with the alternates. Go ahead, Mr. Distaso. DISTASO: Thank you, Your Honor. Detective, let me ask you about some of the people that Mr. Geragos brought up throughout the last few days. One was a woman by the name of Kristen Reed, do you remember that? BROCCHINI: Yes. DISTASO: And, Kristen Reed, I think you were going over the transcript with Mr. Geragos. It came up that something about that Kristen Reed said she saw what she thought was a van or a vehicle parked on 523 Covena BROCCHINI: Yes. DISTASO: across the street. I'm sorry, across the street from 525 Covena, right? BROCCHINI: Yes. DISTASO: And you had testified that it was something she said could have been from the power of suggestion or something like that? BROCCHINI: Yes. DISTASO: And I think Mr. Geragos said on page 8 that you were the one that put that statement into her mind, do you remember that? BROCCHINI: Yes. DISTASO: And you said, well, later on in one of your testimony you said, well, look at page 3 of the transcript, right? BROCCHINI: Yes. DISTASO: And on page 3 of the transcript, which is of course before page 8, right? BROCCHINI: Yes. DISTASO: Kristen Reed tells you, and tell me if this is accurate, and I know I've told, I don't know if I've told you this before, but, you know, I don't know whether it's through the power of, and then she stops, and then reading about it, but I can almost say there was a vehicle across the street and it wasn't that white, Siemen's, it says Simmons here, but the Siemen's one, you know. That gal across the street, uh, she works for Siemen's, right? BROCCHINI: Yes. DISTASO: Is that what were you referring to is that Kristen Reed first brought this information up? BROCCHINI: Yes. DISTASO: And in fact she says I don't know if it's been through the power of reading about it, right? BROCCHINI: Right. DISTASO: And this interview of Kristen Reed was when? BROCCHINI: In September. DISTASO: Of what, what year? BROCCHINI: 2003, September 12th. DISTASO: Okay. So by September 12th, 2003, had the media been reporting about this case? BROCCHINI: Yes. DISTASO: Heavily? BROCCHINI: Yes. DISTASO: And the defendant had been arrested already, correct? BROCCHINI: Yes. DISTASO: To your knowledge were there articles about a van or some other type of vehicle? Was the media reporting about some van? BROCCHINI: Yes. DISTASO: Now Kristen Reed also told you that in that same interview, let me go back to this. I forgot to ask you. About Laci's walking, right? BROCCHINI: Yes. DISTASO: And she says, well, to keep from reading the whole thing she basically said that Laci told her about some fainting spells she had, right? BROCCHINI: Yes. DISTASO: And that she had stopped walking? BROCCHINI: Yes. DISTASO: And then she said it was in the very first part of December that Laci had told her, so this is Kristen Reed reporting to you purportedly what Laci Peterson had told her, right? BROCCHINI: Yes. DISTASO: That she was really concerned about her weight, that she had gained so much weight with the pregnancy. And then you said, I mean, did she, was she still going to the park, right? BROCCHINI: Yes. DISTASO: If I say anything wrong, you can tell me, and I'll let look at the transcript, you can look at the transcript, okay? BROCCHINI: Well, I might need to look at it. DISTASO: Go ahead. All right. BROCCHINI: Because I don't have it with me. JUDGE: Why don't you show it to him. That way he sees what it says. DISTASO: Just read GERAGOS: What Bates on that number stamp? BROCCHINI: It's 39989. Okay. DISTASO: Does that look accurate? BROCCHINI: Yes, it is. DISTASO: And what she told you about that was, you asked her, I mean, did she, was she still going to the park or, and then she kind of cut in and said, um, not that I remember specifically, but she said she always walked McKenzie with her, which was a safety feature. She didn't let her off the leash because she couldn't control McKenzie like Scott could. So I know she always kept McKenzie on the leash, or that's what she said in our conversations. And then she tells you the part that I already went over about reading this vehicle, right? BROCCHINI: Yes. DISTASO: Let me just ask you since it's just kind of become an issue, do you believe that Laci Peterson went walking on December 24th in the park? GERAGOS: Objection, calls for speculation. DISTASO: It goes to the reasonableness of his conduct. JUDGE: It goes to the reasonableness of his conduct. Objection overruled. DISTASO: Do you believe that that's what happened? BROCCHINI: No. DISTASO: And this information that Kristen Reed gave you kind of contradicts what you believed happened, right? BROCCHINI: Yes. DISTASO: But did you excise that information from any of your reports? BROCCHINI: No. DISTASO: Did you excise that information from the tape? BROCCHINI: No. DISTASO: Did you excise that information from the transcript? BROCCHINI: No. DISTASO: And were these documents provided to the defense as part of the discovery process? BROCCHINI: Yes. DISTASO: In fact, in your report, Bates No. 31184, Mr. Geragos. GERAGOS: What is it? DISTASO: 31184. GERAGOS: Thanks. DISTASO: You wrote in there, around Thanksgiving Laci told Reed she quit walking because she began having fainting spells. Do you want to pull up that report? BROCCHINI: I'm here. I'm on that page. Yes. DISTASO: Page 2 of 3, right? BROCCHINI: Yes. DISTASO: And then, you know, you said Reed said when she first heard about Laci missing, she suspected Laci could have had a fainting spell? BROCCHINI: Yes. DISTASO: And then you put during the beginning of December, Reed spoke to Laci, Laci said she was going to start walking again because she was getting heavy? BROCCHINI: Yes. DISTASO: Reed said Laci would keep McKenzie on her leash when she walked, but Laci had trouble controlling McKenzie? BROCCHINI: Yes. DISTASO: And were you summarizing the portion of the transcript we just went over? BROCCHINI: Yes. DISTASO: Now, Mr. Geragos asked you about Karen Servas. And you're aware that Karen Servas has already testified in this trial, right? BROCCHINI: Yes. DISTASO: And I think he asked you some questions from Detective Banks' report; is that right? BROCCHINI: I can't remember. I just remember what he asked questions about some other people that were in the front yard. I don't know if it was Banks or my report. DISTASO: All right. Do you have Detective Banks' report there in front of you? BROCCHINI: No. DISTASO: Okay. Can you pull it up? BROCCHINI: I do. Yes. DISTASO: I think it's on the second page. BROCCHINI: I have it. DISTASO: Second or third page where Detective Banks talks to Karen Servas. BROCCHINI: Yes. DISTASO: And what we, what you were talking about yesterday with Mr. Geragos was that Amie Krigbaum had called in and said a white, a white heavyish kind of vehicle was carrying some stuff out of the house? BROCCHINI: Yes. DISTASO: And that you later determined that was Kim McGregor? BROCCHINI: Yes. DISTASO: And then you asked some questions about some other people who came to the house also that night? BROCCHINI: Yes. DISTASO: And that was information from Karen Servas? BROCCHINI: And Amie Krigbaum. DISTASO: Okay. What time did Amie Krigbaum say, or Kim McGregor had come to the house? BROCCHINI: It was about 1:53 in the morning. That's what Krigbaum told me. DISTASO: All right. And then what time did Karen Servas say these other people came to the house? BROCCHINI: 3:00 in the morning. DISTASO: And what did Karen Servas say these other people did at the house? BROCCHINI: They mingled around in the front yard. They were talking about I wonder if he's home or will he open the door. Can I refer to this? DISTASO: Yeah, go ahead. BROCCHINI: They stayed there about three minutes and then they left. DISTASO: Now, so she didn't say anything about these people going into the house? BROCCHINI: She said they didn't go into the house and Krigbaum said she didn't see them go into the backyard or the house. DISTASO: Now, I'm just going to run through a list of people that he asked you about. One was, do you remember Jody Miligi, he asked you about her? BROCCHINI: Yes. DISTASO: Ron Prater was one? BROCCHINI: Yes. DISTASO: Karen Servas was one? BROCCHINI: Yes. DISTASO: Amie Krigbaum was one? BROCCHINI: Yes. DISTASO: Robert Watrose was one? BROCCHINI: Yes. DISTASO: I'm trying to think off the top of my head, Tina Gassetti was one? BROCCHINI: Yes. DISTASO: Kim McGregor was one? BROCCHINI: Yes. DISTASO: As far as you know, these are all live human beings? BROCCHINI: Yes. DISTASO: And they're all capable of testifying should that need arise, correct? BROCCHINI: Yes. DISTASO: Let's look at, I asked you earlier about Michael Espidia; is that right? BROCCHINI: Yes. DISTASO: And that was a man who called in a tip after the defendant had already been arrested, right? BROCCHINI: Yes. DISTASO: Do you remember what day that was? BROCCHINI: Just give me one minute here. Called in on the 19th, 4/19. DISTASO: Okay. April 19th? BROCCHINI: Yes. DISTASO: And the defendant was arrested on what day? BROCCHINI: April 18th. DISTASO: Now, I'm not going to GERAGOS: There can't be anything that would have any relevance to the reasonableness of the investigation if the tip comes in on the 19th after the defendant has been arrested. JUDGE: After he had been arrested? GERAGOS: Yes. DISTASO: Well, Your Honor, he asked about Greg Smith's tip that came in on 6/29/03. GERAGOS: Greg Smith's tip referred to Peggy O'Donnell who had seen something on 12/23. DISTASO: No. GERAGOS: What do you mean no? DISTASO: We have tips. JUDGE: Well, what was done could have been undone, arguably, so I'll let you ask the question. DISTASO: Whether or not that information is credible, detective? GERAGOS: Are we talking about Espidia's information? DISTASO: Espidia's, right. DISTASO: I'll be quite frank with you, did you find the information credible? BROCCHINI: No. DISTASO: But could we call Mr. Espidia to come and testify to this court if, I mean, could I call him as a witness if I wanted to? BROCCHINI: Yes. GERAGOS: Objection, calls for speculation. JUDGE: Overruled. GERAGOS: Legal conclusion. JUDGE: Overruled. GERAGOS: Shifts the burden. JUDGE: Overruled. DISTASO: Now, Mr. Geragos asked about you information. I think you marked an exhibit about information that was obtained from the defendant's computer. Do you remember that? BROCCHINI: Yes. DISTASO: Did you do any forensic analysis of the computers in this case? BROCCHINI: No. DISTASO: Do you know if there was a police officer who did? BROCCHINI: I think there's more than one. DISTASO: So if I wanted to call a police officer to testify about information regarding the defendant's computer, I, as the district attorney could do that? BROCCHINI: Yes. DISTASO: Now, Mr. Geragos also asked you about the wire taps in this case, correct? BROCCHINI: Yes. DISTASO: Who was the main investigator in charge the wire taps? BROCCHINI: Steve Jacobson. DISTASO: And did you have any intimate involvement with the wire taps? BROCCHINI: No. DISTASO: If I wanted to call an officer who was familiar with the wire taps to testify in this case, who would that be? BROCCHINI: Steve Jacobson. DISTASO: Counsel asked you a number of questions, a whole litany of evidence examinations that were done by the Department of Justice. Do you remember that? BROCCHINI: Yes. DISTASO: Do you work for the Department of Justice? BROCCHINI: No. DISTASO: Have you ever done forensic examination of any evidence in this particular case? BROCCHINI: No. DISTASO: If I as the district attorney wanted to call witnesses to testify about what the results of those examinations were- GERAGOS: There would be an objection. It calls for speculation asking him what he would speculate that the D.A. would do. JUDGE: Well, I'll permit it. If you wanted to call him later. DISTASO: Who would I call for those? BROCCHINI: Whoever conducted those tests. DISTASO: Mr. Geragos asked you some questions about the defendant's transcript of the transcript of the interview that you took with, when you sat down with him. Do you remember that? BROCCHINI: Yes. JUDGE: Do you want to mark those? DISTASO: I am going to mark them, judge. JUDGE: Okay. What's the first one? DISTASO: The first one is going to be a pair of Timberline shoes. JUDGE: What is that? DISTASO: 91. JUDGE: What was 90? DISTASO: The phone records. JUDGE: I mentioned that 90 was the phone records that we already testified to. 91 is a photograph of a pair of Timberline shoes? DISTASO: Yes. 91 is Timberline shoes. 92 is, it's the photo of a wet bar outside of the house. JUDGE: All right. GERAGOS: Didn't we mark that? JUDGE: Let me see. It may have been marked. GERAGOS: I think I marked it already. I believe, just so the record's clear, that 92 has already been marked as a defense exhibit. JUDGE: That's all right. We can mark it again. We can mark it twice. GERAGOS: Okay. DISTASO: Detective, what shoes did the defendant tell you that he wore fishing that particular day? BROCCHINI: The Timberline. DISTASO: And did he point those shoes out to you where they were? BROCCHINI: Yes. DISTASO: Let me show you People's 91. Is that a picture of the shoes that he pointed out to you? BROCCHINI: Yes. DISTASO: Do these appear to be white tennis shoes? BROCCHINI: No. DISTASO: Okay. JUDGE: Mr. Geragos, in reviewing my exhibits, I don't think I could have missed, I could have missed it, but I don't see it. GERAGOS: Okay. I'll find it when I get up. JUDGE: I just reviewed mine and I don't see it. DISTASO: And here's 37-O. And the defendant told you that he took some white tennis shoes out of that duffle bag and then placed them on his wet bar, right? BROCCHINI: That's what he said he did that morning. DISTASO: Now, actually, I forgot to ask you. This picture, People's 91, what day was that taken? I mean, I'm sorry. Let me stop you. Was that picture taken, one of the pictures taken on the 24th? BROCCHINI: No. DISTASO: Okay. This was a picture taken on the search warrant, either the 26th or the 27th? BROCCHINI: Yes. DISTASO: Now, Mr. Geragos, I think he did show you this picture earlier. I can't remember what it was marked but GERAGOS: If this is out, if I can just inquire, Your Honor, Did you pull out it of the binder? DISTASO: I did. GERAGOS: I think that's what I did. I think it's contained in CSO Lovell's binder. I don't know if it's been marked as an exhibit. DISTASO: Yeah, and, actually, judge for the record it's not. The CSO Lovell's binder's the picture taken on the 24th. It is not a picture taken from the 24th. So JUDGE: Okay. Great. DISTASO: The, anyway, I think I pointed out to you, this tip here, what appears to be a tennis shoe or something behind those water bottles, right? BROCCHINI: Yes. DISTASO: Did you actually go out and look on this wet bar on the 24th? BROCCHINI: No. DISTASO: So you don't know if those shoes were there or not? BROCCHINI: I don't know. DISTASO: On the 26th or the 27th, whenever this picture was taken, there's something there, correct? BROCCHINI: Yes. DISTASO: It could be a shoe? BROCCHINI: Yes. DISTASO: And so I guess if the defendant took the shoes out of the bag on the 24th and put them on the wet bar there, if that's them, they remained there until at least the 26th or the 27th?e BROCCHINI: Yes. DISTASO: Now you asked Mr. Peterson about his fishing trip to the Berkeley Marina, right? BROCCHINI: Yes. DISTASO: And he said that, okay, so you asked him, so you fished 90 minutes, and if you need the transcript this is on page 8 of 29. Okay. So you fished 90 minutes. Then what, you go back to the Marina, right? BROCCHINI: Yes. DISTASO: And then he says, hm-hmm. And you say get back in your boat, right? BROCCHINI: Yes. DISTASO: He says yeah. And then you say, you see anybody, you talk to anybody out there? BROCCHINI: Yeah. DISTASO: And then he says, uh, talked to a couple guys fishing, right? BROCCHINI: Yes. DISTASO: They asked me, you know, did you catch anything? BROCCHINI: Yeah. DISTASO: He says yeah. And then he says BROCCHINI: I said yeah. DISTASO: You said yeah, I'm sorry. And he says, no, they didn't either, right? BROCCHINI: Right. DISTASO: Did you take that to mean that Mr. Peterson did not catch anything? BROCCHINI: Yes. DISTASO: And then he says other guys working, fixing the, the maintenance guys got a good laugh from me trying to back down the trailer? BROCCHINI: Yes. DISTASO: Now, when you were going through this story with him, he said that he had gone out fishing for about 90 minutes? BROCCHINI: Yes. DISTASO: And then this is when he returned to the Marina? BROCCHINI: Right. DISTASO: So he said he had his boat there at the ramp? BROCCHINI: Well, he didn't say that. That's how I interpreted it. DISTASO: And then he was, had to back the trailer down to pick up the boat? BROCCHINI: Right. DISTASO: This wasn't when he just arrived at the Marina? BROCCHINI: Right. DISTASO: And you asked him, okay, so a couple guys laughing and a couple guys talking about fishing, right? BROCCHINI: Yes. DISTASO: Now Mr. Geragos asked you a question. I think it was back on Thursday. And I think it was something to the effect of, well, when the defendant came back he washed just his clothes, right? BROCCHINI: Yes. DISTASO: And then he said something to the effect of, well, you know his fishy smelling clothes. Do you remember that? BROCCHINI: Yes. DISTASO: Did the defendant ever say anything to you about his clothes smelling fishy? BROCCHINI: No. DISTASO: In fact it appears that he said he didn't even catch any fish? BROCCHINI: Right. DISTASO: Oh, one last thing I wanted to ask you about. There were some questions about the defendant using his boat for the first time? BROCCHINI: Yes. DISTASO: And he said that this was the first time that he had used his boat? BROCCHINI: Yes. DISTASO: And I believe you were asked about the defendant not having a fresh water adapter, do you remember that? BROCCHINI: Yes. DISTASO: And does, have you ever owned a small boat like this? BROCCHINI: Yes. DISTASO: With an outboard motor? BROCCHINI: Yes. DISTASO: Does an outboard motor require a special adapter to use it in fresh water? BROCCHINI: No. DISTASO: So you can go put it in a lake if you want to? BROCCHINI: Yes. DISTASO: You can put it in the bay if you want to? BROCCHINI: Yes. DISTASO: What if you want to start it up in your driveway? BROCCHINI: Then you need the adapter or a garbage can or something with water in it to run water through it. DISTASO: And does the engine require some source of water running through it? BROCCHINI: Yes. DISTASO: If you didn't have a fresh water adapter, would that prevent you from putting the boat in a lake or some body of fresh water? BROCCHINI: No. DISTASO: Nothing further, Your Honor.
Recross Examination by Mark Geragos JUDGE: Mr. Geragos. GERAGOS: Yes. The Court found, we have double marked the same photo. JUDGE: Have we? What was it before? GERAGOS: It was 1, it was previously marked as 1-K. JUDGE: 1-K. Okay. GERAGOS: Is now double-marked as 92. JUDGE: All right. GERAGOS: Now, when I showed you, detective, what now is marked as 92, there's specifically a report where you wrote Scott said he had removed a white pair of tennis shoes from the bag before he went fishing and placed them on the wet bar; is that correct? BROCCHINI: That's correct. GERAGOS: Okay. And you said I never noticed the tennis shoes on the wet bar, right? BROCCHINI: Right. GERAGOS: Okay. And I showed you, as I remember, this picture, either 92, actually, I think I showed you 1-K, right? BROCCHINI: You showed me that. GERAGOS: Right. And you noticed the white tennis shoes on the wet bar, correct? BROCCHINI: I told you that wasn't the wet bar I looked at. GERAGOS: That's not what I asked you. I asked you if you looked at that picture and you noticed the tennis shoes? BROCCHINI: I did notice the tennis shoes on there. GERAGOS: Right. And the first time you noticed them was when you were here in court when I asked you about this picture, correct? BROCCHINI: Yes. GERAGOS: What wet bar did you look at? BROCCHINI: I looked at a bet bar, well, it was a bar in his dining room. It was a cart that had a lot of booze on it and glasses. And that's the only one I saw when we were talking. He says I put them on my wet bar, and I thought that's the one he was talking about. GERAGOS: And he specifically told you he was wearing the Timberline shoes which are marked as People's 91, correct? BROCCHINI: Yes. GERAGOS: Okay. And shows are Timberline shoes? BROCCHINI: I don't know. GERAGOS: Did you, and somebody took a photo of them and it was a suggestion here that those were apparently Timberlines. Is that your guess or -- BROCCHINI: He told me they were Timberline -- GERAGOS: Okay. BROCCHINI: and I didn't have any reason not to believe him. GERAGOS: Okay. And you saw those there, and this picture was taken what day? BROCCHINI: The 26th. GERAGOS: So he didn't do anything to take those shoes, dispose of those shoes or anything else, right, as far as you know? BROCCHINI: They look, I saw them the 24th and they were there. GERAGOS: Did anybody take these, put them into evidence to go have them tested as far as you know? BROCCHINI: I don't know. GERAGOS: Now, the white tennis shoes that came out of the closet, he told you that came out of the closet, that's what's marked as 37-0, right? DISTASO: Objection, that's assuming a fact not in evidence as far as his testimony goes. JUDGE: Overruled. GERAGOS: I'm asking him. GERAGOS: Did he tell you that he took the white tennis shoes out of the bag that was in 37-O? BROCCHINI: He told me he took them out of the bag that was on the floor in the front of the closet. GERAGOS: And he told you he put the white tennis shoes on the wet bar? BROCCHINI: That's what he said. GERAGOS: Okay. And I just showed you, I just showed you the picture of a wet bar that's got white tennis shoes, correct? BROCCHINI: You did. GERAGOS: Okay. And he told you the shoes that he was wearing when he went to the Marina were the Timberline shoes, correct? BROCCHINI: Yes. GERAGOS: Okay. Now, there was also, Mr. Distaso asked you about some phone calls. And I think he marked as an exhibit No. 90. JUDGE: Yes, that's No. 90. GERAGOS: This is the first page of a run from Mr. Peterson, Scott Peterson's cell phone; is that correct? BROCCHINI: I don't know. The first time I saw this was yesterday. GERAGOS: Okay. And what's the Bates number stamp on there, 34764? BROCCHINI: Yes. GERAGOS: Okay. I have 34765, which is the next page of phone calls. JUDGE: Do you want those marked? GERAGOS: Yes. Defense next in order which I believe is PP. JUDGE: You're correct. PP. PP, phone records. That's your client? GERAGOS: Yes. And would be the following page of the phone records. JUDGE: Okay. GERAGOS: From 90. GERAGOS: Now, I have taken the liberty of yellow highlighting some calls. And this looks like this is also from Christmas day; is that correct? Maybe what I ask you to do is lay the foundation. BROCCHINI: Yes. GERAGOS: Can you take a look, tell me, does it appear to you that Exhibit No. 90, which Mr. Distaso marked, does it appear that the exhibit that I just marked is a continuation of the phone calls for that day by Scott Peterson on his cell phone? BROCCHINI: Yes. GERAGOS: Okay. How many times did Scott Peterson, it looks like, you said you were unaware of this first phone call at 1:15, correct? BROCCHINI: That's right. GERAGOS: Okay. The first phone call you were aware of was about 2:14, 2:15 you said? BROCCHINI: 2:14, yeah. GERAGOS: Okay. That's been yellow highlighted on this exhibit, right? BROCCHINI: Yes. GERAGOS: On 90. So where we have the two phone calls here, and so the jury can see the times are right there, correct? BROCCHINI: Yes. GERAGOS: 1:15, you don't remember getting that phone call? BROCCHINI: No. GERAGOS: That's your number that's there. And then this is Mr. Peterson's number that is over here? BROCCHINI: Yes. GERAGOS: Okay. And then once again you get a 2:14 phone call. That's the first one you're aware, right? BROCCHINI: Yes. GERAGOS: And it's, this column here is the minutes, right? BROCCHINI: Yes. GERAGOS: So it's a two-minute phone call. Then he calls you again that day, doesn't he? BROCCHINI: Yes. GERAGOS: How many times? BROCCHINI: Three. GERAGOS: What times? BROCCHINI: He calls me at 9:00 a.m. for one minute, 10:00 a.m. for four minutes, and 7:20 p.m. for five minutes. GERAGOS: Okay. And so on that day, even though the two of you had some kind of words about taking the mop, the bucket, the gun, he still called you back that day three more times, correct? BROCCHINI: We didn't have words, Mr. Geragos, I mean -- GERAGOS: Well, you exchanged something, I wish you had told me, is that what he said? BROCCHINI: Yeah. Yeah, he still called me three times. GERAGOS: He still called you three times that day. Now, the, Mr. Distaso was asking you about Kristen Reed and he asked you about a bunch of witnesses that had been, he says that you could call. You know, if you were the D.A., you could call. Do you remember that? BROCCHINI: Yes. GERAGOS: Were you aware that Kristen Reed was here and when they heard what she was going to testify to, they excused her? DISTASO: Objection, Your Honor. GERAGOS: Were you present when that happened? DISTASO: That is, number one, not true. JUDGE: Argumentative. DISTASO: Argumentative and assumes not in evidence. JUDGE: Sustained. GERAGOS: Were you aware that Kristen Reed was here in the courthouse ready to testify? DISTASO: Objection, Your Honor, that's not true. It assumes not in evidence. GERAGOS: Kristen Reed given notice to be here the following day? JUDGE: All right. Let me rule on it. I am going to sustain the objection because I don't know if she was here or not. He seems to dispute it. GERAGOS: Okay. GERAGOS: Were you aware that Kristen Reed was identified as coming in the next day as on the witness list? BROCCHINI: No. GERAGOS: Okay. Did they tell you or where you aware that is is a procedure whereby they tell you which witnesses are coming in the next day? You're not aware of that? BROCCHINI: The D.A. tells me, tells you. GERAGOS: Yes. BROCCHINI: That's all I know. GERAGOS: Okay. You're aware everyday these are the witnesses we're going to have for the next day? BROCCHINI: Yes. GERAGOS: Okay. Were you aware that Kristen Reed was identified as one of the witnesses for the next day? BROCCHINI: No. DISTASO: Objection, Your Honor, it's not relevant. GERAGOS: The detective, it sure the heck does. He brought it up. JUDGE: You brought it up, Mr. Distaso, so the objection is overruled. GERAGOS: Now, the, let me talk to you about this Michael, is it Michael or Miguel? BROCCHINI: Miguel. GERAGOS: Miguel. Were they referring to the wrong name before? BROCCHINI: It's Miguel Espidia is the name. GERAGOS: Okay. And this is somebody that calls in the day after the arrest, correct? BROCCHINI: That's correct. GERAGOS: Of my client. And he starts coming up with all kinds of stuff, correct? BROCCHINI: Yes. GERAGOS: Did you phone him or talk to him on the phone or in person? BROCCHINI: Phone. GERAGOS: Phone. And you tape-recorded that? BROCCHINI: Yes. GERAGOS: And much of what, if not all of what was said, you knew to be demonstrably false; isn't that correct? BROCCHINI: I don't know if it was false, but I just couldn't corroborate it and I just didn't put a lot of stalk in it. GERAGOS: It wasn't credible, correct? BROCCHINI: I couldn't corroborate it. GERAGOS: Well, he said a lot of bad things about Laci, didn't he? BROCCHINI: No, I don't think he said a lot of bad things about Laci. GERAGOS: Do you have your report in front of you? BROCCHINI: No. I'll get it. GERAGOS: Let me see if I've got the Bates stamp number on? BROCCHINI: 1680800. GERAGOS: 1680 -- BROCCHINI: 800. GERAGOS: 800. How many pages in that report? BROCCHINI: Two page. I don't have -- GERAGOS: You don't have? BROCCHINI: Transcript. GERAGOS: Go there. Let's see, 821. BROCCHINI: I don't know if my Bates stamps are like yours. GERAGOS: Okay. Let me just shorten it. You interviewed this person, there was a transcript made -- BROCCHINI: Yes. GERAGOS: and you made the determination that the person was not credible, correct? BROCCHINI: That's how I, that's how I considered it not credible. GERAGOS: So that phone call came in, so that we understand, Scott was arrested on the 18th? BROCCHINI: Right. GERAGOS: This phone call comes in the 19th? BROCCHINI: Yes. GERAGOS: Okay. The information about Greg Smith, you interviewed Greg Smith, correct? BROCCHINI: Yes. GERAGOS: Now when you interviewed Mr. Smith, you did not know about the report from Detective Holmes; isn't that correct? BROCCHINI: I wasn't positive of it, no. GERAGOS: Okay. BROCCHINI: That's why I wrote it. GERAGOS: And the time you found out the information about Peggy O'Donnell was on June 29th when the tip was related from the D.A. to a Carla Tias and then to you? BROCCHINI: That's when I found out about Greg Smith, yes. GERAGOS: Okay. Then, as far as you know, there was no follow-up on that for approximately until August 13th, which would have been about six weeks? BROCCHINI: There was no follow-up on it until August 13th. GERAGOS: Right. Then after August 13th there was nothing done in regards to Peggy O'Donnell for approximately four months? BROCCHINI: Yes. GERAGOS: And that would have been Detective Grogan? BROCCHINI: Yes. GERAGOS: And you've reviewed Detective Grogan's reports? BROCCHINI: I looked at it. GERAGOS: Okay. Is there anywhere in Detective Grogan's reports in December when he interviews Peggy O'Donnell where he references the Greg Smith having had a conversation with her? BROCCHINI: I don't know. GERAGOS: And you've reviewed those reports over the weekend, haven't you? BROCCHINI: No. GERAGOS: So the D.A. did not say go look at these reports after the last Thursday's cross-examination? BROCCHINI: No. GERAGOS: Okay. Did you ever look at Craig Grogan's reports? BROCCHINI: Yes. Yes, I have. GERAGOS: Okay. Is it sometime in the distant past? BROCCHINI: In the distant future. If you bring it up here, I'll look at it. GERAGOS: In the distant future. Okay. The reports, are you aware of anywhere in there where they referenced Greg Smith having a conversation with Peggy O'Donnell? BROCCHINI: I don't know. You have to ask him. GERAGOS: Your conversation with Greg Smith, he said 12/23; isn't that correct? BROCCHINI: That's correct. GERAGOS: The conversation that Holmes had or Holmes had, he says specifically 12/20 or 12/23; isn't that correct? BROCCHINI: That's correct. GERAGOS: As far as you know, is there anyplace in the 42,000 pages of reports that shows that Greg Smith had a conversation with Peggy O'Donnell that reflected that she let Laci use the bathroom on 12/23, is there anywhere in the typewritten reports? BROCCHINI: I don't know. GERAGOS: Okay. They're certainly not in any of your reports? BROCCHINI: That's correct. GERAGOS: Certainly not in Detective Holmes' report? BROCCHINI: That's correct. DISTASO: Objection, that's not correct. GERAGOS: That Greg Smith had a conversation? DISTASO: I'll withdraw that. JUDGE: Okay. GERAGOS: Is there anywhere in, let me see if I can find - Are these your notes right here? BROCCHINI: Yes. GERAGOS: Okay. I'm going to mark this as next in order. JUDGE: Okay. That's QQ. GERAGOS: QQ. (Defendant's Exhibit QQ, Detective Brocchini's notes, were marked for identification.) GERAGOS: By the way, you started saving your notes after I got a court order that they not be destroyed anymore; isn't that correct? DISTASO: Objection, relevance. JUDGE: Overruled. GERAGOS: Isn't that correct? BROCCHINI: Not just my notes, but, yeah, all notes, all dictations and I don't know who got the court order but -- GERAGOS: You know it was the defense, right? BROCCHINI: Yes. GERAGOS: See that portion right there? BROCCHINI: Yes, I do. GERAGOS: Okay. Is there anywhere there where you put "O'Donnell" on your notes? BROCCHINI: He didn't know O'Donnell's name. GERAGOS: Okay. Is there anywhere where you put "O'Donnell" in the notes? BROCCHINI: No. GERAGOS: Now, I've got, I believe it's now the distant future, so I think I've got Grogan's reports. BROCCHINI: I guess it's arrived. GERAGOS: You, I don't want to take too much longer, but how long do you think it will take to read those pages? JUDGE: What is that? GERAGOS: It's Grogan's reports. JUDGE: Do you have a date? BROCCHINI: The interview was on 12/19 of '03. GERAGOS: December 19th of last year? BROCCHINI: Yes. GERAGOS: Okay. BROCCHINI: Do you want me to read this? GERAGOS: Do you want to read it to refresh your recollection as to what, have you read it before? BROCCHINI: I have read it before. GERAGOS: Okay. Do you want to take a look at it, just see if it refreshes your recollection. BROCCHINI: I've scanned it. GERAGOS: Okay. It mentioned in that report in December that you saw of Greg Smith? BROCCHINI: Does what? GERAGOS: Is there a mention of Greg Smith? BROCCHINI: No. The -- GERAGOS: The interview apparently took place, let's see. There's some, there's a specific spot on here where Detective Grogan puts "prior interview"; is that correct? BROCCHINI: That's what he wrote. GERAGOS: Okay. And for the prior interview, he refers to Holmes' canvasing, correct? BROCCHINI: Yes. GERAGOS: He doesn't refer to your interview of Greg Smith, does he? BROCCHINI: No. GERAGOS: Now, I neglected to ask you one thing about your communications with TradeCorp. You were having a, as we discussed last Thursday, an ongoing discussion with Ross Lee from a law firm that was in your head offices in Modesto? BROCCHINI: Yes. DISTASO: Objection, it's beyond the scope of redirect. JUDGE: Well, let's get it over with now. GERAGOS: Right. I don't want to have to recall him. JUDGE: I know it's beyond the scope, but let's get it over with. GERAGOS: I preface the question with that. GERAGOS: The, specifically, in one of those communications you sent along to the lawyer for TradeCorp, a Modesto Bee article; isn't that correct? BROCCHINI: I don't recall. GERAGOS: Let me show you 16741 and 16742. The articles mentioned on the second page, but you can read the whole letter if you want to refresh your recollection. BROCCHINI: Yes. GERAGOS: Does that fresh your recollection? BROCCHINI: Who did you say I sent it to? GERAGOS: I'm asking you, did you send a copy of the Modesto Bee article regarding Scott Peterson to someone at TradeCorp? BROCCHINI: I e-mailed a copy of a Modesto Bee article to Spain. GERAGOS: To Spain? BROCCHINI: Or Portugal, or whatever he was. GERAGOS: What article was that? BROCCHINI: I don't recall. GERAGOS: Was it the same article, this letter which references the article is dated January 31st, is it a safe bet that was the same article that January 16th or 17th article that was talked about before that mentioned the life insurance? BROCCHINI: Possibly. GERAGOS: Okay. So that's the same article, so that I understand correctly, that you also called up somebody at 6:40 in the morning and told you to go read? BROCCHINI: Yes. DISTASO: Objection, it's been asked and answered. JUDGE: Overruled. GERAGOS: Now, Mr. Distaso also asked you in regards to Kristen Reed to take a look at the transcript of the interview. Do you remember that? BROCCHINI: Yes. GERAGOS: Do you have that in front of you? BROCCHINI: No, I don't. GERAGOS: I'm going to show you what's been Bates numbered stamped 39989. Can you read this portion here. DISTASO: What page is that? GERAGOS: 39989. DISTASO: No -- GERAGOS: Page 3 of 14. GERAGOS: Are you finished reading it? BROCCHINI: I am. GERAGOS: Now, Kristen Reed specifically said, Kristen Reed specifically said that she, I remember she said she was kind of having some fainting spells, correct? BROCCHINI: Yes. GERAGOS: And that at first that's what I thought when she was missing, maybe she had fallen somewhere and fainted, but, uh, there was sometime where she had stopped it seems for a little while. But when I last talked to her, which was, and then it says, what are you doing, which was, um, she came right after Thanksgiving so it was, it was the very first part of December, she said that she was back, you know, trying to do that because she was really concerned about her weight, that she had gained so much weight with the pregnancy. Do you remember that? BROCCHINI: I do. GERAGOS: Okay. Now, at the time that Kristen Reed had said that to you, I know Mr. Distaso asked you and you didn't believe that she had gone for a walk that day, correct, that was your mindset in September when you were interviewing Kristen Reed? BROCCHINI: Right. GERAGOS: At that point had you seen, in September, when you interviewed Kristen Reed, had you seen the OBGYN's medical records? BROCCHINI: No. GERAGOS: Have you, as you sit here today, seen the OBGYN's medical records? BROCCHINI: I have never seen them. GERAGOS: If I were to tell you that Laci had called the OBGYN and had indicated that she was concerned about weight gain, even after the doctor had recommended that she stop, and that she was walking again even though the doctor had asked her to stop. And then you get Kristen Reed's statement that she made to you that she had started walking again because of weight gain, would that change your opinion or your belief that she had been walking on the 24th? BROCCHINI: No. GERAGOS: Now, did you ever interview the yoga instructor from the yoga center? BROCCHINI: No. GERAGOS: Have you ever been out to that location? BROCCHINI: No. I mean, I don't know where it is, but it's on McHenry. Of course, I could be mistaken. GERAGOS: I believe it is on McHenry. I want to say the 1700 block. I could be mistaken. BROCCHINI: I don't know where at or what it looks like. GERAGOS: Have you ever seen it, do you know whether it's on the first floor or the second floor? BROCCHINI: I don't know. GERAGOS: Now, Mr. Distaso was asking you about the gun, correct? BROCCHINI: Yes. GERAGOS: Okay. And the gun, did you try to either rack it on that evening or do anything with the gun that evening? BROCCHINI: That next morning I unloaded it. GERAGOS: Okay. And what can you specifically tell the jury or should I hand you the gun to show what you did? BROCCHINI: I can if you want. GERAGOS: Sure. BROCCHINI: I just pushed the button and took the magazine out. GERAGOS: Will you demonstrate what you did. I'll hand you Exhibit 71. BROCCHINI: Let go. The little button right here, I just pushed it and the magazine slides out. I press-checked it, meaning you kind of pull it back, see if there's anything in there. And then you put a, I didn't put this red one on here, but I did a similar kind of a strap to make it in a safe position and I booked it into this envelope evidence. GERAGOS: Okay. So is it a fair statement that the way it was booked into the evidence was not the way that you found it, correct? BROCCHINI: That's correct. GERAGOS: And one more time for the jury, what were the steps that you took before you, specifically, what you did with that gun before you booked it into evidence? BROCCHINI: I pushed this button right here. I took the magazine out. I, I racked it. I opened it because I put a strap in it just like this. GERAGOS: Okay. When you say you put a rack in it, so the jury can see, there appears to be a plastic or teflon-like? BROCCHINI: Tie strap. GERAGOS: Tie strap that goes through the bottom of the handle and through the opening on the top; isn't that correct? BROCCHINI: That's correct. GERAGOS: Okay. You put one on here that's not the one that's not there right now, correct? BROCCHINI: That's correct. GERAGOS: That is for the safety feature? BROCCHINI: Yeah, it has to be safe for the evidence. GERAGOS: All right. Also, you said had you racked it at one point? BROCCHINI: Well, I opened it. When I booked it, it was open. GERAGOS: Okay. When you say it was open, can you demonstrate to the jury how it was -- BROCCHINI: Like that. GERAGOS: Okay. BROCCHINI: It's open with a strap through it. GERAGOS: Okay. And that's how you booked it? BROCCHINI: That's how I booked it. GERAGOS: Now, the -- BROCCHINI: The way I, I booked a lot of firearms, but that's usually how I book it. I'm going by my usual practice, but that's usually how I do it. Do you want it still? GERAGOS: No, no, I'm just going to put it back here. Now, when you found that gun you said it was in the glove box? BROCCHINI: Yes. GERAGOS: And you mentioned something about when the door was open that Scott had put a glove between? BROCCHINI: Yes. GERAGOS: Where did he get that glove from? BROCCHINI: I don't know. GERAGOS: Come out of the glove box? BROCCHINI: No. GERAGOS: Was he in the car with you when you pulled the gun out? BROCCHINI: No. GERAGOS: Did you ask him if that was the gun? BROCCHINI: No. GERAGOS: You just saw the gun, took it and put it in your pocket? BROCCHINI: I saw it, I wrote down the serial number on it and put it in my pocket. GERAGOS: Okay. Now where was he standing when you did that? BROCCHINI: In the driveway somewhere behind me. GERAGOS: Excuse me? BROCCHINI: Driveway. He was in the driveway somewhere behind me. GERAGOS: Okay. How far away? BROCCHINI: I don't know. GERAGOS: Okay. Then Mr. Distaso also asked you about this Kristen Reed interview and, once again, whether you excised anything from the reports or the transcripts, correct? BROCCHINI: I don't think he asked me that. GERAGOS: Isn't that what he asked you on re, or redirect, whether you excised anything from those reports or transcripts of Kristen Reed's? BROCCHINI: I don't know. Did he ask me that? GERAGOS: I believe that he asked you that and you said, no, you did not, correct? BROCCHINI: I don't know if he asked me that. GERAGOS: You asked Kristen Reed specifically if she had talked to the defense; isn't that correct? BROCCHINI: Yes, I asked her that. GERAGOS: She told you she hadn't been formally interviewed, but she had talked clearly to Kirk McAllister, right? BROCCHINI: Yes. GERAGOS: Mr. McAllister was my co-counsel in Modesto for Mr. Peterson, correct? BROCCHINI: That's correct. GERAGOS: So you were aware that she was talking to Mr. McAllister who was then representing Mr. Peterson, correct? BROCCHINI: That's correct. GERAGOS: Now, you mentioned something, Mr. Distaso also asked you about Investigator Jacobson, do you remember that, in the wire room? BROCCHINI: Yes. GERAGOS: Did you ever meet him in the wire room? BROCCHINI: No. GERAGOS: Were you ever inside of the wire room? BROCCHINI: Yes. GERAGOS: Okay. When you were inside the wire room have you ever been trained in the wiretapping procedure by the Department of Justice? BROCCHINI: No. GERAGOS: Okay. The wire room was where, to the best of your knowledge, where, what is referred to as the wire room, is where these, the wire tap conversations would be downloaded on the computer? BROCCHINI: Yes. GERAGOS: Thank you. I have no further questions. JUDGE: Any re-redirect? DISTASO: No, Your Honor. JUDGE: May Detective Brocchini be excused? DISTASO: Yes. GERAGOS: I have, I'm sorry, just one question. It's Bates stamp 1059. GERAGOS: Detective, on the, this report which was written on 12/28. DISTASO: Actually, Mr. Geragos, can you just show that to me. GERAGOS: Sure. DISTASO: I think you have the book so -- GERAGOS: You specifically wrote in your report, didn't you, that all the shotgun shells you had seen in the truck tool box on the 24th now were inside this green duffle bag? BROCCHINI: That's what I wrote. That's incorrect, though. GERAGOS: That's incorrect, isn't it? BROCCHINI: Yes, it is. GERAGOS: I have no further questions. Thank you.
2nd redirect Examination by Rick Distaso DISTASO: Actually, Your Honor -- JUDGE: Now, you have a question? DISTASO: Of course. Detective, yesterday Mr. Geragos asked you about one of the search warrants from Detective Ruskamp and there was a -- take a look at this. BROCCHINI: Yes. DISTASO: I think this is the page he asked you about. JUDGE: Can you identify what you're showing him. DISTASO: I am going to. It's a search warrant affidavit by Detective Ruskamp. GERAGOS: Which Bates stamp? DISTASO: No. 23222, the one that Mr. Geragos showed yesterday. GERAGOS: Thank you. DISTASO: DISTASO: There was a notation in there, Detective Brocchini saw there was water on the sidewalk leading to the den door You said that information was incorrect? BROCCHINI: That's incorrect, that's right. DISTASO: You didn't see water leading to the den door or the converted garage door by the mop bucket? BROCCHINI: No, I didn't. DISTASO: Did one of the first responders, Letsinger, Spurlock, or Duerfeldt, did one of them say anything to you about them seeing some water around the bucket or something like that? BROCCHINI: Yes. DISTASO: And when was that during the briefing that you had when you first arrived at 1224 Covena? BROCCHINI: Yes. DISTASO: Okay. So this information is I guess technically incorrect, but the information that you provided to Detective Ruskamp about some water being there, you were told that information? BROCCHINI: That's correct. DISTASO: Nothing further. JUDGE: Any further questions about the water? I take that as a no, Mr. Geragos. GERAGOS: No, but I'm thirsty so -- JUDGE: Okay. Detective Brocchini, thank you very much BROCCHINI: Am I subject? JUDGE: All right. You're subject to recall Everybody else is subject to recall. |