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Martin Dempewolf
Witness for the People: Guilt Phase September 8, 2004
Direct Examination by Rick Distaso DISTASO: And let me mark this real quick, Judge. JUDGE: 223. 223. JUDGE: Have you seen this, Mr. Geragos? GERAGOS: Yes and I have an objection to it. DISTASO: The -- GERAGOS: I have an objection to the second page. JUDGE: Do you? GERAGOS: I have an objection to the second page because it was filled out by her, not by him. JUDGE: What's the second page? He's going to show a photograph? DISTASO: A photograph and map. GERAGOS: The photograph I've got no objection to. The map I've got an objection to. JUDGE: What's the -- GERAGOS: It's hearsay. JUDGE: -- what's the problem? GERAGOS: It's by his wife, it's not by him. JUDGE: First of all, if it's a map, I can take judicial notice of a map. GERAGOS: No, take a look at it, you'll see what it is. DISTASO: Well -- well, give me a second. Let me just ask some questions. If there's a hearsay objection, hold on, I'll -- JUDGE: All right. Fine. DISTASO: Let's see, Mr. Dempewolf, is this a picture of yourself, your daughter and your wife? What day was that taken? DEMPEWOLF: January 11th, of 2003. DISTASO: Okay. Can you just do me a favor and write January 11th, 2003 on there. GERAGOS: Did you mark that, Mr. Distaso? DISTASO: I did. JUDGE: It's 223. GERAGOS: Thank you. DISTASO: It's -- yeah, 223. And did your wife -- let me just show this picture real quick. Do you live in the La Loma neighborhood down by the Dry Creek Regional Park? DEMPEWOLF: Yes. DISTASO: On the morning of December 24th, 2002, was your wife pregnant? DEMPEWOLF: Yes. DISTASO: And how many months along was she? DEMPEWOLF: On the 11th? Did you say -- I'm sorry. DISTASO: On the 24th of December of 2002. DEMPEWOLF: She was probably just shy of nine months. DISTASO: Okay. And the baby was actually born on the 11th; is that right? DEMPEWOLF: That's correct. DISTASO: And this picture -- we had already talked, this picture was taken basically as you were getting -- GERAGOS: Objection. Leading. DISTASO: -- ready to go to the hospital? GERAGOS: Objection. Leading. DISTASO: Foundation. JUDGE: It is leading, Mr. Distaso. DISTASO: When was the picture taken? DEMPEWOLF: The picture was taken January 11th, 2000 and 3, at my home. DISTASO: Okay. And when was the baby born? DEMPEWOLF: The baby was born January 11th, 2003, at the hospital. DISTASO: And do you -- do you live in the La Loma area? DEMPEWOLF: Yes. DISTASO: Down by the Dry Creek Regional Park? DEMPEWOLF: We live in the neighborhood that is next to the park, yes. DISTASO: Okay. And did your wife go for a walk in the park that morning? DEMPEWOLF: Yes, she did. DISTASO: And did she go by herself? DEMPEWOLF: Yes. With my dog. DISTASO: Okay. And what I should have done is attach this picture of -- of your dog. I'll just mark it as an exhibit? JUDGE: We'll make it 223 DISTASO: That would work, Judge. Let me just staple it to it. JUDGE: What's the name of the dog? DEMPEWOLF: Jake. JUDGE: Jake. This will be a photograph of Jake. DISTASO: And what time did your wife go walking in the park? DEMPEWOLF: She left our home between 9:15 and 9:30. DISTASO: And how long does it usually take her to -- to complete the walks that she does? DEMPEWOLF: Between 45 minutes and an hour. DISTASO: And do you remember what she was wearing as you sit here today? ? DEMPEWOLF: Some sweats and a jacket. DISTASO: The -- let me show a picture of your dog, Jake, that she took with her. This is 223 A. And is that a picture of your dog, Jake? DEMPEWOLF: Yes. DISTASO: And your daughter's sitting on him, right? DEMPEWOLF: That's correct. DISTASO: What -- what kind of dog is it? DEMPEWOLF: That's a chocolate lab. DISTASO: Okay. And are you familiar with the route that your wife would normally walk? DEMPEWOLF: Yes. GERAGOS: Objection. Hearsay. JUDGE: Overruled. DISTASO: And had you walked that route with her in the past? DEMPEWOLF: Yes. We usually walk it on the weekends together. DISTASO: Let me show you -- GERAGOS: There's no foundation. This wasn't a weekend day. JUDGE: Overruled. DISTASO: Let me show you 223, the second page of it. It's a map. It's got a highlighted portion. Does -- does that highlighted portion show the route that your wife would normally take in the park? JUDGE: Or that him and his wife would normally take. DISTASO: That you and your wife would normally take? DEMPEWOLF: Yes, that's correct. DISTASO: Okay. Let me just show that briefly. GERAGOS: Same objection. JUDGE: Overruled. GERAGOS: Okay. DISTASO: And it looks like just from the outline that we have, your wife would go down into the park -- JUDGE: Wait. Now, see, that's a leading question. DISTASO: Yeah. Okay. DISTASO: Can you just -- you know, it's going to be actually easier if I just give you the map and have just you explain to the jury, they're familiar enough with the park now. Can you just explain to the jury -- JUDGE: Use the pointer and that map. DISTASO: Well, that one's got -- the streets aren't labeled, JUDGE: I'll just have him explain it to them. It's all right. DISTASO: Can you explain to the jury the route you and your wife would normally take when you go on walks? DEMPEWOLF: We would leave our home on Whippoorwill Court, fish down through the subdivision, enter the park on East La Loma, walk down through the park, down to where there's a transfer station in the park, walk up that paved path, because it was -- it is easiest for a pregnant woman to get up, with a stroller or just walking in general. Walk -- continue walking Edgebrook back towards our home, down to Covena, to Encina, back to our home. DISTASO: No further questions.
Cross Examination by Mark Geragos GERAGOS: Did you get interviewed January of this year by Kevin Bertalotto? Do you remember some time -- it looks like his report's dated January 26th. DEMPEWOLF: Of 2000 and 4? GERAGOS: Of 2004. I'll show you a Bates numbered stamped 38231. See the yellow highlighted. See if that refreshes your recollection as to what you told him back in January. DEMPEWOLF: Yes. GERAGOS: Does that refresh your recollection as to when he asked you what time your wife went for a walk that day? DEMPEWOLF: I -- GERAGOS: You told him you didn't know; is that correct? DEMPEWOLF: I told him I didn't know exactly. GERAGOS: Okay. Has something happened between January and now that made you all of a sudden remember? DEMPEWOLF: If you're asking me did my information change, I would say no. What I do remember is there being a time in that morning that, after we had breakfast and my daughter was jumping on my lap, my wife was leaving for the walk, I looked at roughly what time it was, and that was roughly the time. GERAGOS: Okay. Did you tell that to Bertalotto in January of this year? DEMPEWOLF: I don't recall that. I mean I -- GERAGOS: Didn't you specifically tell him that your wife went for a walk in the morning, however he can't say exactly what time she went? Isn't that what you told him? JUDGE: The question is what you told Bertalotto. GERAGOS: Yeah. DEMPEWOLF: Well, that was in January. I mean, it's October almost. It's September. It's a long time ago. GERAGOS: Nine months ago. DEMPEWOLF: That's correct. GERAGOS: Okay. And this walk took place how long ago? Two years, roughly? About 20 months? DEMPEWOLF: That's correct. That was a day that was, in my neighborhood, very populated by search and rescue and police and everybody. That's why I specifically remember that day. GERAGOS: Something happened on January 26th of this year that makes you not remember that day? DEMPEWOLF: Maybe he caught me when I had a screaming kid in my arms. Maybe, I don't know. GERAGOS: Okay. DEMPEWOLF: Could be a variety. GERAGOS: Did anybody ever tell you that this dog -- this is your dog, Jake, right? DEMPEWOLF: That is my dog, Jake. That is my dog, Jake. GERAGOS: Okay. That's a Chocolate Lab? DEMPEWOLF: Correct. GERAGOS: Did anybody ever tell you it looks like a Golden Retriever? DEMPEWOLF: Yes. GERAGOS: They do? DEMPEWOLF: In the summertime when his hair -- he's been in the sun a lot, he tends to get a little more blond. GERAGOS: Okay. Is that -- was this summertime? Christmas Eve, December 24th, was that summertime? DEMPEWOLF: That picture? GERAGOS: Yeah. DEMPEWOLF: I would say it would be after that time sometime. GERAGOS: The -- when was this picture taken? JUDGE: If you know. DEMPEWOLF: My wife has a good memory. I don't. I mean she's the one that took it. I can't tell you. GERAGOS: Thank you. I have no further questions.
Redirect Examination DISTASO: Mr. Dempewolf, all -- alls I want to know is does -- was your wife pregnant on December 24th, 2000 and 2? DEMPEWOLF: Yes. DISTASO: Did you go for a walk in the park that day, in the morning? DEMPEWOLF: She did, yes. DISTASO: Nothing further. |