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Jon Buehler
Preliminary Hearing November 18, 2003
Direct Examination by David Harris Reconvened at 10:15 a.m. JUDGE: Record reflect everyone is present. I wanted to announce that the Court did make a formal ruling regarding the mitochondrial DNA matter, and both sides have received that; is that correct? DISTASO: Yes, Your Honor. GERAGOS: Yes, Your Honor. JUDGE: That's ordered filed. The next witness, Mr. Distaso? DISTASO: Mr. Harris will handle it. HARRIS: It will be Detective Buehler. JON BUEHLER, called as a witness on behalf of the People, being first duly sworn, was examined and testified as follows: CLERK: Please have a seat, put the microphone on. DIRECT EXAMINATION HARRIS: Sir, can you tell us what your full name is and spell your last name for the record? BUEHLER: Jon Buehler, B-U-E-H-L-E-R. HARRIS: And what is your occupation? BUEHLER: Police detective. HARRIS: How long have you been a police detective? BUEHLER: 14 years. HARRIS: And who are you employed by? BUEHLER: Modesto Police Department. HARRIS: As part of your assignment as a detective for the Modesto Police Department, did you -- have you assisted in the Laci Peterson investigation? BUEHLER: Yes. HARRIS: As part of that, did you receive a receipt from Austin's from a Karen Servas? BUEHLER: Yes. HARRIS: And as part of that, did you conduct follow-up as to the time on that particular receipt? BUEHLER: Yes. HARRIS: Can you tell the Court what you did? BUEHLER: Karen Servas gave me a receipt for a purchase she had made at Austin's Christmas Store on December 24th. And I took that receipt back to Austin's in September of this year to confirm that the time on that receipt was accurate. I spoke to Bill Austin, the owner of the business. He looked at the receipt and confirmed for me that there's only one computerized cash register in the store that they use for Christmas transactions, and he was able to confirm that that receipt came from that cash register. He was able to tell me that they set up the time on that cash register by calling time on the telephone to program it in, so that that's how they assure accuracy with what they have. HARRIS: After you -- also, as part of your assignment in this particular case, on December 30th, did you have communications with Detective Brocchini about a witness that had come forward in this particular case by the name of Amber Frey? BUEHLER: Yes. HARRIS: And did you drive to some location to meet with Miss Frey? BUEHLER: Yes. HARRIS: Did you have a conversation with her? BUEHLER: Yes. HARRIS: And did Miss Frey indicate if she had some type of relationship with the defendant? BUEHLER: Yes. HARRIS: And do you know the person that we're referring to as the defendant, Scott Peterson? BUEHLER: I do. HARRIS: Do you see that person here in court today? BUEHLER: I do. HARRIS: Could you point to that person, describe something he's wearing for the record? BUEHLER: Scott's got a white shirt, a red tie, and a dark jacket on sitting next to Mr. Geragos. HARRIS: May the record reflect that, Your Honor? JUDGE: So noted. HARRIS: Did Miss Frey tell you that when she first met or became acquainted with the defendant, Scott Peterson? BUEHLER: She first learned of him through a friend of hers in October and early November, they had a phone conversation and a date that was set up for mid-November, I believe the 19th, and they progressed with a relationship from then on. HARRIS: Did Miss Frey indicate to you if she had asked or the defendant had told her when they first met whether he was married or not? BUEHLER: Yes. HARRIS: And what did she tell you? BUEHLER: She stated that he told her that not only had he not ever been married, he'd never been in a serious relationship before. HARRIS: Now, at some point in time, just kind of move forward, did she tell you about a conversation that occurred with the defendant on or around December 9th? BUEHLER: Yes. HARRIS: And with regard to that particular conversation, did she describe the defendant, his condition or behavior at the time that they had this conversation? BUEHLER: She did. HARRIS: Can you tell the Court briefly about that? BUEHLER: Scott came to her residence north of Fresno and showed visible emotion and explained to her that he had lied to her about having been married. He'd been married in the past, this was going to be the first holiday that he wasn't going to be with his wife. He explained, the words, that he had, quote, lost of her, end of quotes. He didn't go into it, nor did she ask at that time, any details on what lost meant. Her understanding is it could have been a car wreck -- GERAGOS: There will be an objection as to what the understanding is. That's speculation. JUDGE: That would be sustainable if she were to testify. So same thing with the detective. Sustained. HARRIS: Detective, when you were talking about the description of the defendant's demeanor, behavior, did she give specific examples to you as to what he was displaying at that time that he was explaining that he had lost his wife? BUEHLER: Yes, she did. HARRIS: What did she say? BUEHLER: She stated he was crying, he was tearing up. She could see tears coming out of his eyes going down his cheek. She could hear his stomach making noises. She was sitting very close to him at the time. They were holding hands. This went on for a period of minutes. She listened to his explanation, she comforted -- comforted him, and then he resumed his normal demeanor shortly after that. HARRIS: Did she also tell you about a -- some type of party or event that they attended on December 19th of 2002? BUEHLER: No, but she did tell me about one that they went to on the 14th. HARRIS: All right. And what did she describe to you at that particular event? BUEHLER: Well, it was a Christmas formal. They had rented a tux for Scott the day before at, I think it was, Fashion Faire Mall in Fresno. They attended this Christmas formal where other people that she knew were present. Photographs were taken of them there, not only at her house, but in his vehicle and I believe one other place. And she ended up turning these photos over to us on December 30th. HARRIS: I'd like to have marked next in order. JUDGE: 148? CLERK: Yes. GERAGOS: 148? CLERK: 148. (Whereupon, People's Exhibit 148 was marked for identification.) HARRIS: Detective, I'm going to present to you what's been marked as People's Number 148 for the record and ask if you recognize that? BUEHLER: I do. HARRIS: And what is that? BUEHLER: People's 148 is a computer reprint of three photos that I picked up at Rite Aid that had been brought there by Amber for processing on December 30th. I'm not sure exactly when she brought them there for processing, but I picked them up on the 30th. And these were amongst several twin pix that were included in that group of photos. HARRIS: And did Miss Frey look at these photographs and identify any of the individuals in the photograph? BUEHLER: Yes. HARRIS: Looking at this photograph, or People's Exhibit 148, does it consist of three photos on this page? BUEHLER: Yes. HARRIS: So this is a reproduction of three of the photographs that you received? BUEHLER: That's correct. HARRIS: There's a male and a female in each of these three photographs. Can you describe for the Court who those individuals are? BUEHLER: Well, the female's Amber Frey. The male is Scott Peterson. HARRIS: And do those photographs accurately depict the originals that you obtained from Amber Frey of the pictures that happened at this event? BUEHLER: Absolutely. HARRIS: Now, you indicated that you picked these up on the 30th. The date that you met with Miss Frey, was that on the 30th? BUEHLER: That's correct. HARRIS: Of December? BUEHLER: The first meeting, yes. HARRIS: And during this conversation, did she indicate to you that she'd become aware that Scott Peterson, the defendant, was actually married? BUEHLER: Yes. HARRIS: Did you ask her assistance with this investigation? BUEHLER: Yes. HARRIS: Moving forward a short period of time to January 6th of 2003, were you present when a phone call was made by the defendant to Amber Frey? BUEHLER: That's correct. HARRIS: Was this particular phone call from the defendant to Amber Frey recorded? BUEHLER: Yes. HARRIS: I'd like to have marked next in order -- we can do it as 149 and 149 BUEHLER: (Whereupon, counsel confer.) CLERK: 149 and 149 BUEHLER: (Whereupon, People's Exhibits 149 & 149A were marked for identification.) HARRIS: Detective, let's start with 149. Do you recognize this? BUEHLER: Yes, I do. HARRIS: And can you tell the Court what that is? BUEHLER: This is a typed copy of the transcript from January 6, 2003, tape that was done in the late evening on that Monday night. HARRIS: And showing you what's been marked on the back now as 149A, do you recognize this? BUEHLER: Yes. HARRIS: And what is that? BUEHLER: That's a tape that goes along with this transcript. HARRIS: Now, have you -- were you present when this phone call was made? BUEHLER: Yes. HARRIS: Or actually received by Miss Frey? BUEHLER: Yes. HARRIS: And was it recorded in your presence? BUEHLER: It was. HARRIS: So this was something that you were involved with, and you listened to her side of the conversation as it happened? BUEHLER: I did. HARRIS: Have you listened to this particular tape and compared it to the transcript? BUEHLER: I have. HARRIS: And is the transcript an accurate transcription of the tape recording? BUEHLER: With very minor typographical errors, yes. HARRIS: And did you also ask Miss Frey to listen -- or did she listen to this tape and compare it to the transcript at some point in time? BUEHLER: She did. HARRIS: And did she tell you if that's an accurate transcription of the phone call that she had with the defendant? BUEHLER: The wording, yes. She -- the playback machine that she listened to the tape on, she didn't think her voice pitch was as accurate as it is in real life. But other than that, it was accurate. HARRIS: Your Honor, at this time, we'd offer 149 and 149A. GERAGOS: I believe that we had an agreement that the 149, there would be no objection, 149A would be received, but conditionally sealed. JUDGE: I don't need 149 BUEHLER: Just offer 149, if everybody is satisfied that it accurately depicts it. GERAGOS: For purposes of the preliminary hearing, yes. JUDGE: So 149 is in evidence, not 149 BUEHLER: (Whereupon, People's Exhibit 149 was received into evidence.) HARRIS: Does the Court wish us to play the tape? JUDGE: No. HARRIS: All right. I'll return this to the Clerk. HARRIS: Detective, looking -- tell you what. If you will provide that marked copy to the Court, and I will provide you with another copy. If you can hand that up to the Judge. A copy of 149. Does the -- during this phone call, does the defendant admit on this particular tape to Miss Frey that, yes, he had -- does he recount that conversation that they had back on December 9th? BUEHLER: Yes. HARRIS: Turning to page 16 of that particular transcript, does Miss Frey question the defendant why he had not told her about his wife being missing sooner? GERAGOS: On page 16? HARRIS: Probably starts on page 15. GERAGOS: 15? BUEHLER: I see the conversation part about going to the police. HARRIS: Let me ask it a different way. If you could skip down to the bottom part of page 16, does the defendant indicate that he was hoping that he could hold on to Amber Frey? BUEHLER: Yes. GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: What statement was made by the defendant with regards to maintaining a relationship with Amber Frey? BUEHLER: His statement was that he was, quote, "longing to hold on to you," end of quotes. HARRIS: At some point in time, did Miss Frey have to or did she tell the defendant to stop calling her? BUEHLER: Yes. HARRIS: And did she tell you when that was? BUEHLER: February 19th. HARRIS: Again, moving forward some point in time to April, 2003, were you present when the defendant was arrested? BUEHLER: Yes. HARRIS: And did you participate in the search of the vehicle that the defendant was driving at the time of his arrest? BUEHLER: Yes. HARRIS: Can you describe for the Court what, if anything, of interest you found in the defendant's vehicle? BUEHLER: Several cell phones, a driver's license belonging to Scott's brother john, a wide array of clothing, a large amount of camping gear, and a total of, on him and in the vehicle, nearly $15,000 cash. HARRIS: Now, when you say "camping gear," could you be more specific for the Court? BUEHLER: Well, he had a backpack that had a large length of climbing rope that was attached to the side of it. There were shoes and other footwear that would be worn if one was camping. There was a camp ax, there was a series of folding knives, a folding saw, a hammock, a water purifier, a camp stove, a filleting knife, a fishing rod and reel, other things such as this. HARRIS: People have no other questions at this time.
Cross Examination by Mark Geragos GERAGOS: May I inquire? GERAGOS: Good morning. BUEHLER: Good morning. GERAGOS: Detective -- BUEHLER: Yes. GERAGOS: -- Buehler, the page that Mr. Harris had referred you to in the transcript, 149. BUEHLER: Yes. GERAGOS: Miss Frey was asking, I think, starting on page 15, she says, "Why should I not go to the police with this?" Do you see that? BUEHLER: Yes, I do, bottom line on that page. GERAGOS: Bottom line on that page. You heard that, right? BUEHLER: Yeah, I heard her say that. GERAGOS: Heard her say that? BUEHLER: Yeah. GERAGOS: When you listened to the tape, you heard him reply, "It's your decision"; is that correct? BUEHLER: That's correct. GERAGOS: Okay. And she said, "Really?" And he replied, "Of course." And he did not in any way try to dissuade her from going to the police, did he? BUEHLER: No, I saw nothing like that. GERAGOS: Okay. You've listened to or reviewed other tapes as well? BUEHLER: Yes. GERAGOS: Nowhere does he dissuade or try to dissuade her from going to the police; isn't that correct? BUEHLER: That's correct. GERAGOS: Okay. The conversation in -- let's see. I think Mr. Harris just asked you, February 19th, the stop calling -- BUEHLER: Yeah, February 19th was the conversation they had where she told him that they weren't going to be talking anymore. GERAGOS: She said I think it would be best if they didn't talk until there's resolution in this whole thing; isn't that correct? BUEHLER: I'm not looking at that quote, but that sounds accurate. GERAGOS: But roughly what the conversation was. And he said, "That's fine." And, basically, we just had some cell phone records that show there's no contact after February 19th; is that correct? BUEHLER: Well, I don't know what the cell phone records show, because I didn't review those, but that statement seems accurate. I could find it in the transcripts and confirm it for you, but unless you're intentionally misleading me, I'll go along with that. GERAGOS: The -- there was also a -- Mr. Harris asked you about I think the driver's license of his brother; is that correct? BUEHLER: (Nods head.) GERAGOS: He had his driver's license in the car on him; isn't that correct? BUEHLER: Yes. GERAGOS: Okay. The driver's license -- HARRIS: Your Honor, just for a second, I was going to object as vague. The witness answered. Are we talking about the defendant had his license or are we talking about the defendant's brother? JUDGE: I assume everybody understood it was the defendant's own personal license, but it's still vague. So it's sustained. GERAGOS: What license did he have on his person? BUEHLER: Well, to clarify, Mr. Harris didn't ask me about the licenses. I volunteered that he had his brother's license on the center console of the car upon his arrest. Scott had his own driver's license in his wallet, which I believe was also on the center console upon his arrest. GERAGOS: Okay. And the brother's driver's license that was on the center console, where was he when you arrested him? BUEHLER: Well -- GERAGOS: Was that in the parking lot of a Torrey Pines? BUEHLER: Well, actually, it wasn't in the parking lot, it was like the drive -- the curve-around drive area that comes off of the area that goes underneath the freeway, and it was right as you round the corner facing north along that road that goes to the parking lot. When he was arrested by the DOJ agents, Agents Brocchini, Carter, Grogan and I were probably a quarter to a half mile away catching up with them. GERAGOS: Okay. Did -- were you aware that members of his family were at the golf course? BUEHLER: No. GERAGOS: That he was -- you were not aware of that? BUEHLER: No, I was not. GERAGOS: Okay. Did Detective Grogan, upon hearing from someone that the brother's license was being used to get a discount at Torrey Pines, go and investigate that, that you're aware of? BUEHLER: Well, I -- I don't recall hearing anything about his brother's license being used to get a discount until weeks ago. GERAGOS: Well, did you see a report that Grogan prepared? BUEHLER: Probably not. GERAGOS: Okay. Did you -- are you aware that the local residents get a considerable discount at the course, and that that was -- that was checked out by Detective Grogan, and it turned out to be true? BUEHLER: Well, depends on what size -- what side of the course you're playing on. At the north course, you get a discount that's different from the south course. GERAGOS: Okay. Now, the items that were recovered in the car, there were cell phones; is that correct? BUEHLER: Now, just to make sure I know where you're going, are you talking about the car that he was in when he was arrested or Laci's car or the truck or what? GERAGOS: I'm talking about -- were you referring, when Mr. Harris was asking you questions, to the date, whatever it was, in April when you recovered these items? BUEHLER: April 18th, red Mercedes is the car I was talking about, yeah. GERAGOS: Okay. So that we're clear, that's what I'm referring to. And I assume that that's what you were referring to when you were answering Mr. Harris' question? BUEHLER: That's correct. GERAGOS: Okay. How many cell phones did you recover? BUEHLER: I believe there was four. GERAGOS: Four cell phones? BUEHLER: Yes. GERAGOS: Okay. And how many -- how many items of clothing total were in the car? BUEHLER: Well, I could count them, but we're going to be here for a while, but there was -- GERAGOS: Okay. Was the car filled with this stuff? BUEHLER: There was a lot of clothing in the car, yes. GERAGOS: Okay. And when you arrived there, you had not effected the stop, you said DOJ did? BUEHLER: DOJ did the stop, yes. (Whereupon, the defendant and his counsel confer.) GERAGOS: I have no further questions, Your Honor. JUDGE: Let me ask, where did this stop take place? BUEHLER: Your Honor, it was on the entrance to the golf course. There's an overpass that runs north and south along the coast there. The golf course is between the ocean and the freeway. And when you come off the freeway and you just kind of continue turning basically 180 degrees to your right, you end up facing on a road that leads up to the parking lot of the golf course, and it was right on that road. JUDGE: That's the golf course you were talking about? BUEHLER: Torrey Pines down in San Diego, yes. JUDGE: It's in the vicinity of Torrey Pines, the stop? BUEHLER: That's correct. JUDGE: Mr. Harris? HARRIS: I have no additional questions. JUDGE: Any further questions, Mr. Geragos? GERAGOS: No, I do not, Your Honor. |