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Jon Evers
Preliminary Hearing October 31 & November 4, 2003
Direct Examination by Rick Distaso DISTASO: Detective, would you state your full name, spell your last name for the record? EVERS: Jon Evers, J-O-N E-V-E-R-S. DISTASO: And were you present at 523 Covena Avenue during the evening hours of December 24th of 2002? EVERS: Yes. DISTASO: Is that location in the city of Modesto? EVERS: Yes, it is. DISTASO: Is that in Stanislaus County? EVERS: Yes. DISTASO: During the break, have you had an opportunity to look at People's Exhibits 48 through 70 -- should be 80. JUDGE: Seventy-eight are the photographs. DISTASO: There were 78, Your Honor? GERAGOS: 48 through 78; right? DISTASO: Okay. DISTASO: 48 through 78? EVERS: Yes. DISTASO: And do those photos accurately depict the condition of 523 Covena Avenue, as you remember seeing it, on that night? EVERS: Yes. DISTASO: Your Honor, for the record, we have the next exhibit marked as People's 81. I have not marked -- these are the only exhibits I marked, so I'm wondering if this should be People's 80. JUDGE: I thought 80 was a diagram according to the note that was given to me. DISTASO: Oh, I'm sorry. That's right. 80. Let me show you People's 80 and 79. Do you recognize this diagram? EVERS: Yes, I do. GERAGOS: I'm sorry. Is 79 the reverse? DISTASO: It's on the back. I'm looking at 80 right now. JUDGE: So what you have clipped together are both of them? DISTASO: That's right. GERAGOS: Got it. DISTASO: People's 80, is this an accurate schematic diagram of 523 Covena Avenue as you remember seeing it on December 24th of 2002? EVERS: Yes, it is. DISTASO: People's 79, same question. Is that also an accurate schematic diagram? EVERS: Yes. DISTASO: Just for the record, the only difference in the diagrams is the position of furniture in the house? EVERS: Correct. DISTASO: People's 81, is this a copy of a missing person's report form? EVERS: Yes. DISTASO: And did you fill that out on December 24th of 2002? EVERS: Yes, I did. DISTASO: And who gave you the information for that form? EVERS: Scott Peterson. DISTASO: And do you recognize the defendant as he sits in the -- I'm sorry -- as he sits in court here today? EVERS: Yes, I do. DISTASO: Okay. And if you could, just state the color of his suit. EVERS: He's wearing a brown suit. DISTASO: Your Honor, again, for the record, identifying the defendant. JUDGE: So noted. DISTASO: Okay. Let's go back now and start at the very beginning. What were your duties with the Modesto 5 Police Department on December 24th of 2002? EVERS: I was working a patrol assignment. DISTASO: And you have since changed to the detective division; is that right? EVERS: That's correct. DISTASO: On -- back on -- back on the 24th, however, what shift were you working that day? EVERS: Be fourth platoon, which would be 4:30 at night until 3:30 in the morning. DISTASO: And how long have you been a sworn police officer in the state of California? EVERS: About 16 years. DISTASO: Tell me what happened in -- on the evening of the 24th. You came on duty, and then did you receive a call regarding a missing woman by the name of Laci Peterson? McALLISTER: Objection. Compound question. JUDGE: Sustained. DISTASO: All right. Did you come on duty that day? EVERS: Yes, I did. DISTASO: Did you receive a dispatch regarding a missing woman by the name of Laci Peterson? EVERS: Yes, I did. DISTASO: And tell me what happened next. EVERS: According to the call, the husband last saw the missing person, Laci Peterson, this morning about 9:30, and she was last seen taking her dog on a walk at the Dry Creek Park area. DISTASO: And did -- did you respond to that area, or did you go to that area? EVERS: Yes, I did. DISTASO: What happened next? Did you meet up with someone? EVERS: Yes. I went to the East La Loma Park where I met with Scott Peterson and several other family members. DISTASO: Okay. What happened next? EVERS: I spoke with Scott. He then told me briefly that his wife was missing. He had been fishing all day long in the Bay Area. DISTASO: Did he tell you -- well, okay. Where did you speak to him? Where were you physically located? EVERS: Well, in the park, in the parking lot of the park closest to the covered park bench areas. DISTASO: Okay. And what park was that? EVERS: East La Loma. DISTASO: And tell me -- or as you -- did you interview the defendant about what was going on? EVERS: Yes. DISTASO: Okay. Tell me what you -- what did you first ask him and what were his responses? EVERS: Well, I asked about his wife. He told me that -- I asked him -- you know, "When was the last time you saw her?" DISTASO: And what did he say? EVERS: He said when he -- McALLISTER: Objection. Hearsay. JUDGE: Overruled. EVERS: He said when he last saw her at home before he went fishing this morning. DISTASO: Okay. And did he say what time that was? EVERS: Said it was about 9:30. DISTASO: And did he say what time he left his home to go fishing? EVERS: About 9:30. DISTASO: Did he tell you during this conversation where he was going fishing? EVERS: I don't believe, not at that time. DISTASO: Okay. EVERS: Just to the Bay Area. DISTASO: Okay. And what happened next? What else -- what's the next thing he told you? EVERS: That Laci liked to come down to the park, you know, routinely and walk their dog. And he went fishing. He came back this afternoon, and she wasn't home, and -- but he did find -- he did find their dog, the golden retriever, you know, at the house. DISTASO: Okay. Did -- was this an initial interview with him? EVERS: Yes. DISTASO: Okay. Did you take a more detailed statement later, or was this the only statement that you took of him that night? EVERS: I spoke to him there, and I spoke to him again a this residence. DISTASO: Did he tell you what he did after he left home? EVERS: Yes. DISTASO: What did he say he did? EVERS: He said he had to go to his warehouse where he worked, and that's where he stored his boat. DISTASO: Okay. Did he tell you what the address of that location? EVERS: I'm not sure of the number. I think it's 1022 or1024 North Emerald. DISTASO: Okay. Did you write a report regarding this contact with the defendant? EVERS: Yes, I did. DISTASO: And at the time you wrote the report, was this incident fresh in your mind? EVERS: Yes. DISTASO: Did you write the report for the purpose of recording your recollection of what happened on that day? EVERS: Yes. DISTASO: Do you have a copy of it with you? EVERS: Yes. DISTASO: Go ahead and take a look at it. EVERS: Okay. DISTASO: Looking at about the third paragraph down, does that refresh your recollection as to what the address the defendant gave you of the warehouse was? EVERS: Yes. DISTASO: What was that? EVERS: 1027 North Emerald. DISTASO: And did he tell you what he did when he got there? EVERS: That he picked up the boat and he went out to the marina. DISTASO: And so at that time he -- did he tell you which marina he went to? EVERS: Yes. DISTASO: What did he say? EVERS: He said he went to the Berkeley Marina. DISTASO: And did he say what time he arrived there? EVERS: About noon. DISTASO: And did he say what he did there? EVERS: Said he fished for about two hours. DISTASO: Did he say that anyone was present with him while he was fishing? EVERS: He said he was by himself. DISTASO: Did he say what ended his fishing trip, why he decided to stop? EVERS: Started to rain, started to get cold. DISTASO: And what did he say he did next? EVERS: Well, he came back to Modesto. DISTASO: Did he tell you whether or not he made any attempts to contact his wife? Did he tell you the name of his wife? EVERS: Yes. DISTASO: What was that? EVERS: Laci. DISTASO: Okay. Did he tell you whether he made any attempts to contact Laci while he was either at the marina or on his way home? EVERS: Yes. DISTASO: What did he say? EVERS: He said he attempted to call her two times on his cell phone. DISTASO: And did he say whether he was ever successfully able to reach her? EVERS: He said he was not able to reach her. DISTASO: Okay. What did he tell you about -- did he tell you what time he arrived home? EVERS: It was about 4:30 in the afternoon. DISTASO: And did he tell you what he did? EVERS: He didn't find Laci or she wasn't home at the time. She took a -- or he took a shower, you know, changed his clothes, tried calling some more friends, relatives, see if they've heard from her. They hadn't. DISTASO: Okay. Did he tell -- let's go back. Did he tell you whether or not he went straight home from the marina with the boat at home or whether or not he took the boat first to his shop? Did he mention that to you? EVERS: Yes. DISTASO: What did he say? EVERS: That he dropped the boat off back at the warehouse. DISTASO: And then you said he told you that he went home? EVERS: Yes. DISTASO: And the 16 -- the 4:30 time, did he tell you, was that the time he arrived at his house or was that the time he arrived at his shop? EVERS: I believe it's when he arrived at his house. DISTASO: And did he tell you whether or not he observed anything unusual upon coming home? EVERS: That his dog was in the backyard with the leash on him. DISTASO: So he told you that his dog was in his own backyard? EVERS: Yes. DISTASO: But it had a leash attached? EVERS: Yes. DISTASO: And did he say anything about the condition of the rear doors to his home? EVERS: That they were unlocked. DISTASO: And did he tell you anything about where his wife's vehicle was located? EVERS: It was still parked in the driveway. DISTASO: And then did he -- so then he told you that he went inside the house? EVERS: Yes. DISTASO: Okay. And what did he tell you he did next? EVERS: Well, he -- he was hungry, so he took the pizza out, had a couple slices of pizza, and then he changed his clothes, and he took a shower. DISTASO: Did -- were you one of -- were you the first officer to respond to this particular call? EVERS: Yes. DISTASO: And what other officers were also dispatched to the call? EVERS: Officer Derek Letsinger, Officer Matt Spurg -- Spurlock, and Sergeant Byron Duerfeldt. DISTASO: Now, this interview with the -- with the defendant, was this taking place in the park? EVERS: The initial interview was, just real briefly, and then a decision was made to go back to their residence over on Covena. DISTASO: Okay. And why was that decision made? EVERS: Because that's the last known location that Laci was seen. So I thought it would be best to start there. DISTASO: Okay. And did -- did you then continue the interview with the defendant at the house? EVERS: Yes. DISTASO: And so what you've told us took place kind of in two different locations? EVERS: Yes. DISTASO: Did -- how did -- you first met up with the defendant at the park? EVERS: Yes. DISTASO: How did you all then get back to the house? EVERS: Everyone took their own vehicles. DISTASO: Okay. So you didn't transport the defendant? EVERS: No. DISTASO: You just met back up with him at the house? EVERS: Yes. DISTASO: Did you fill out -- sometime during the evening, did you fill out a missing persons form for the Modesto Police Department? EVERS: Yes. DISTASO: And is that a -- is that a standard kind of -- standard form that's used in circumstances like this? EVERS: Yes. DISTASO: Is there a copy of it in front of you? EVERS: Yes. DISTASO: It's marked as what? People's 81? EVERS: That's correct. DISTASO: Okay. If you could take a look at that, who gave you all of the information on that report? EVERS: Scott Peterson. DISTASO: And just going down that report from -- kind of from the beginning, what -- what information did you ask him for? Did you ask him for the name of his wife? EVERS: Yes. DISTASO: And it was Laci Peterson; correct? EVERS: That's correct. DISTASO: And it's -- you've checked a box on there, "adult." There's a box for "adult or juvenile"; right? EVERS: Correct. DISTASO: And then you put the Modesto Police Department case number on there? EVERS: That's correct. DISTASO: And then going down, it looks like you've got the date and time that she was reported missing, and that was December 24th, 2002, at 6:04 PM? EVERS: Correct. DISTASO: And is that the time when you spoke to defendant, or is that the time when the initial call came in? EVERS: I believe that is the time when I spoke with him initially. DISTASO: And then you got her sex, her race, height, weight, her date of birth, general identifying features; right? EVERS: Correct. DISTASO: And her age was 26 years old? EVERS: Correct. DISTASO: Did you ask the defendant when he last saw Laci Peterson what clothes she was wearing? EVERS: Yes, I did. DISTASO: And how did he describe that? EVERS: It was like a light long-sleeve shirt. DISTASO: Well, you wrote W-H-T. What does that mean? EVERS: White. DISTASO: Okay. Long-sleeve shirt. And what color of pants? EVERS: Black pants. DISTASO: Did you ask him for any greater description than that, like the manufacturer or any of that kind of specific detail? EVERS: No. DISTASO: Is that -- is this form a normal -- all right. Did you fill out this form the way you would in any other missing persons case? EVERS: Yes. DISTASO: Did you ask her -- him what jewelry that Laci Peterson was wearing when the defendant last saw her? EVERS: Yes. DISTASO: And what was that? EVERS: Wearing a diamond ring, diamond earrings, and a diamond necklace. DISTASO: And you asked him for any identifying marks on her body, correct, like a tattoo or a scar? EVERS: That's correct. DISTASO: And Laci had a sunflower tattoo on her left ankle and a scar on her torso; is that right? EVERS: That's correct. DISTASO: And did you ask him the location where he had last seen Laci Peterson? EVERS: Yes. DISTASO: And where was that? EVERS: At the residence, 523 Covena. DISTASO: And you asked him for a probable destination; is that right? EVERS: Yes. DISTASO: Is that a standard question? EVERS: Yes. DISTASO: And what did the defendant tell you? EVERS: That she was going to go walk the dog that morning at the park. DISTASO: Okay. And the park that you've been describing, is that also referred to as Dry Creek Park? EVERS: Yes. DISTASO: And then at the bottom of the narrative section, you asked the defendant -- it says "narrative." Is that just like a brief summary of the circumstances of what you're investigating? EVERS: Exactly. DISTASO: And what -- what narrative did you put in for that? EVERS: "The RP," reporting person, "husband left the MP," which is the missing person, "at home about 0930 hours and went fishing. RP returned home at 1630 and discovered eight month pregnant wife, missing person, was missing." DISTASO: And then where does this information go once you've filled it out? EVERS: I -- I took it to records and they enter it into the missing person database. DISTASO: And did you do that in this case? EVERS: Yes. DISTASO: Now, did -- you asked the defendant for permission to enter his home and basically look through it? EVERS: Yes. DISTASO: And what was the reason for that? EVERS: Well, wanted to eliminate the residence, make sure she wasn't there, definitely she wasn't at the house or the surrounding area around the house. DISTASO: Is that standard procedure in a missing persons case? EVERS: Yes. DISTASO: To -- let me even go further. If you have a last known location of an individual, is it standard procedure for the Modesto Police Department to search that last known location? EVERS: Yes. DISTASO: So, for example, if the last known location was the swing set down at La Loma Park, would it be normal procedure then for the Modesto Police Department to search the surrounding area around the swing set at La Loma Park? EVERS: Yes. DISTASO: Did you go into 523 Covena? EVERS: Yes, I did. DISTASO: And who was present with you? EVERS: Officer Spurlock and Officer Letsinger. DISTASO: And what about the defendant? EVERS: Not the initial entry. DISTASO: And why was that? EVERS: I -- we just kept him outside in front of the house while we went in and, you know, looked around. DISTASO: Okay. And did you tell him that you were going to go into the house? EVERS: Yes. DISTASO: And did you ask his permission to do that? EVERS: Yes. DISTASO: And he did consent; I mean, he did allow you to do that? EVERS: Yes. DISTASO: Did you look through the entire house? EVERS: Yes. DISTASO: By saying that, did you look in great detail, opening drawers, lifting up carpets, you know, overturning furniture? Did you do that type of search? EVERS: I only looked in areas that a person might be able to be. DISTASO: Okay. So you looked in rooms probably? EVERS: Yes. DISTASO: And did you look in the bathrooms? EVERS: Yes. DISTASO: And did you pull the shower curtains back? EVERS: Yes. DISTASO: And did you look in closets? EVERS: Yes. DISTASO: Okay. Any other place I missed? EVERS: That about covers it. DISTASO: Okay. And did it appear in the home that anything was out of place? McALLISTER: Objection. Calls for speculation. DISTASO: Well, I can -- I'll rephrase it, Your Honor. DISTASO: Was there any glaring information in the home, such as overturned furniture, the house was ransacked or anything of that nature? EVERS: No. DISTASO: Did -- taking a look at the photographs in front of you, I think it's -- starts with People's 48, and if you could just kind of using the diagram just -- if I can get you a pointer. JUDGE: Which diagram is that? DISTASO: That is People's 79. I'm just going to get the pointer. DISTASO: If you could just, for the Court, go through the photographs. Just start with People's 48 and just point out where those -- either those locations are in the home or where those items in the photographs are. EVERS: And you want me to reference it on the diagram up here? DISTASO: Please. EVERS: Okay. People's 48's the bucket with the two mops, and that was located right in here. DISTASO: Okay. And that was located on the outside stoop area? EVERS: Yes. DISTASO: And did you observe that bucket with the mop inside when you came in? EVERS: Yes. DISTASO: Did you ask the defendant about that? EVERS: No. DISTASO: All right. As part of the patrol officer's duties, is it your job or your duty to do detailed investigations of -- McALLISTER: Objection. Leading question. JUDGE: Sounds like it's going to be. Can't rule on it until I hear the whole question, though. DISTASO: Well, it sounds like it was going that way, Your Honor. So I'll rephrase it. DISTASO: What's the difference between your job as a patrol officer and like the responding detective's job? Can you explain that for the Court? EVERS: To conduct an initial investigation, try to determine if there's, you know, foul play or maybe something else was going on. DISTASO: And then what's -- compare that with what's the detective's job? EVERS: They do an investigation, but it's a lot more depth, you know, a lot more in-depth statements, just a lot more detail. DISTASO: Okay. Is it part of the patrol officer's job to -- or do -- let me just ask you this. In this particular case, did you kind of just freeze the area to wait for the detectives to arrive? McALLISTER: Objection. Leading question. JUDGE: Sustained. DISTASO: Or tell me, tell me what you did regarding this particular house, if anything, in preparation for the detectives arriving -- arrival. EVERS: The house was secured to make sure that no family, no friends, no neighbors would come in and out. We basically froze the residence and called out, you know, investigations. DISTASO: Okay. And is that standard practice in your department? EVERS: When there are facts that kind of lead to that something might have happened, suspicious might have happened, or criminal might have happened. DISTASO: Okay. Did you feel you had that situation here? EVERS: Yes. DISTASO: Okay. Let's go back. Going back to the photographs, you showed me where the bucket was. EVERS: Correct. DISTASO: Just keep going through them. What's People's 49? EVERS: 49 is the two chairs. It's right here in this kitchen nook area. DISTASO: Okay. You can go through them fairly quickly. EVERS: 50 is going to be this half wall. Let's see. I don't remember all the pigeonholes were at. DISTASO: That's all right. That's fine. Do you remember seeing that particular little bookend area? EVERS: Somewhere, but I don't remember where it's at. DISTASO: Okay. You remember seeing that picture somewhere in the house; correct? EVERS: Yes. This is -- 51 is of the kitchen. Right here. 52 is of the kitchen, refrigerator. Right here. 53 is the kitchen, picture of the sink. 54 is going to be the picture of the counter and I guess it's the family room right here. 55 is going to be the -- it's the dining room area right here. 56 is the family room. 59's the -- down the hallway from the formal dining room area. I'm sorry. 57. 58 is, once again, a picture of the -- on this sofa area in the family room. 59 I believe is -- I can't tell what 59 is. DISTASO: Okay. Can you hold it up to me so I can see it? EVERS: (Witness complied.) DISTASO: What -- do you remember seeing this particular location at the house that night? EVERS: It does look familiar. DISTASO: Okay. But you can't say for sure? EVERS: I can't say what door that is. DISTASO: All right. It's just in -- for the record, it looks like it's kind of a half -- kind of just a photograph of a half window; is that correct? EVERS: Yes. DISTASO: Okay. Go ahead. EVERS: 60 is the picture of the -- I guess it would be like a half-bathroom right here. 61 is the washroom -- not washroom, but it's the washer and dryer like in this little closet area in the family room. 62 is the family room. It's this exterior door that leads out into the backyard area. DISTASO: And, Detective Evers, let me ask you this before we keep going. This particular house, did it have a garage? EVERS: No. DISTASO: Okay. Go ahead. EVERS: It -- DISTASO: I mean, did it have a -- where were the cars parked? EVERS: In the driveway. DISTASO: Go ahead. Keep going. 63? EVERS: 63 is going to be -- I think it's from -- I think it's from here, taking a view a little bit of the nurse -- I think that's the nursery. DISTASO: Okay. EVERS: And 64 is going to be of the nursery, standing in the hallway taking a picture of the nursery. 65 is the nursery. 66 is the nursery with the rocking chair or glider. It's a glider. 67 is going to be the main hallway, shooting towards I guess it would be the master bedroom. 68's going to be this intersection of hallway. You can see a little bit of the master bedroom or actually just the door and then into the dark space of the spare bedroom. 69 is a photograph of the master bedroom's dresser. 70 is a bed in the master bedroom. 71's the closet in the master bedroom. 72 is this -- is the bathroom right off of the main hallway. 73 is standing in the master bedroom and taking a photograph down the hallway. 74 is a photograph of the closet of the master bedroom, doors open. 75 is a photograph of a purse hanging up in the closet of the master bedroom up on the wall. DISTASO: Which one was that? 75? EVERS: 75. DISTASO: Okay. EVERS: 76 is standing in this area of -- I guess it's like a dining nook towards the formal dining room area. 77 is the spare bedroom portion of the bed. 78 is the -- in the spare bedroom of the closet. DISTASO: Okay. Thank you. JUDGE: Just to make the record clear, the upper left bedroom is the master bedroom, the upper right being a spare bedroom, and the one right below that being the nursery. DISTASO: That's fine. DISTASO: Detective, just so we can use this later and probably make a little bit more sense, can you write which one -- can you just write in pen on the diagram where the master -- do you have a pen or I can get you one? EVERS: I don't have a pen. DISTASO: Okay. Can you just write on there, just call them spare bedrooms 1 and 2 and then the master bedroom? Oh, yeah, actually call it spare bedroom, nursery and master bedroom. EVERS: (Witness complied.) GERAGOS: Rick, that's 79? DISTASO: Yeah, 79. Thank you. You can go back and resume your seat. DISTASO: The -- now, when you took the -- when you did this, went through this whole house, did -- did you ask the defendant if any of Laci's personal effects were missing? EVERS: Yes. DISTASO: Like, what did you ask him about? What kind of things were you interested in? EVERS: I wanted to know if her purse, if her cell phone were in the residence. DISTASO: And is that a standard thing you ask in a case involving a missing woman? EVERS: Yes. DISTASO: And what did the defendant tell you? EVERS: Well, he told me that she usually keeps her purse either at the front door of the formal dining room area, or she hangs it up in the closet of their bedroom. DISTASO: And did you go to those locations and see if Laci's purse was there? EVERS: Yes. DISTASO: And did you find her purse? EVERS: Yes. DISTASO: What did you do with it, if anything? EVERS: I just left it there. DISTASO: Okay. And one of the pictures you told us about, I think it's People's 75, is that a picture of the purse in the -- hanging in the closet? EVERS: Yes. DISTASO: And the defendant identified that as Laci Peterson's? EVERS: Yes. DISTASO: Regarding the bucket, I'm pretty sure that is People's 48. Did you notice any water or wetness around the area where bucket was when you arrived? EVERS: I didn't personally observe that. DISTASO: You what? EVERS: I didn't notice it when I arrived there. DISTASO: Did you speak to Officer Spurlock that night about what he saw regarding the bucket? EVERS: Yes. DISTASO: What did he tell you? McALLISTER: Objection. Hearsay. DISTASO: Sixteen years as a police officer, Your Honor. JUDGE: If you're doing it under 115, I'll allow it. DISTASO: That's fine. DISTASO: Go ahead. EVERS: He told me that the ground that -- the concrete that the bucket was on, it was damp. DISTASO: It was damp? EVERS: Or wet, yeah. DISTASO: And did he tell you -- did he explain to you whether it was -- did he explain to you that in any more detail? EVERS: No. DISTASO: And then were you present when -- were you present sometime that evening for a conversation between the defendant and Ron Grantski or a man who was identified to you as the father-in-law of the defendant? Were you present during an exchange of words then? EVERS: Yes, I was. DISTASO: And what -- can you tell the Court what happened then? McALLISTER: Objection. Hearsay. DISTASO: Again, Your Honor, all of these -- maybe we can have a continuing objection, because these are all going to be Prop. 115 type responses. JUDGE: Sounds like it, Mr. McAllister, so the Court will allow it under Prop. 115. DISTASO: Go ahead, Detective. EVERS: I was standing in the front yard of the residence, and Scott was standing next to me, and a gentleman walked up, he said he was the stepfather of Lacy. He asked Scott if he was able to go golf today or golfing today. DISTASO: And what did the defendant respond? EVERS: He said that it was too cold and that he went fishing instead. DISTASO: And then what happened? EVERS: Well, the stepfather, he said -- he said, "You mean going -- going fishing 9:30 or 10:00 in the morning. Boy, that's late to go fishing." DISTASO: And did the defendant make any response to that? EVERS: Not that I can remember. McALLISTER: Objection. That's not a question. He can't be expected to make a response to it. JUDGE: Overruled. DISTASO: Go ahead. EVERS: I don't remember, no. DISTASO: No further questions. JUDGE: Mr. McAllister. McALLISTER: Thank you, Your Honor. DISTASO: I'm sorry, Your Honor. I do have some additional questions. My apologies. JUDGE: Go ahead. DISTASO: Who was the first responding detective. EVERS: Detective Brocchini. DISTASO: And were you present during some of Detective Brocchini's investigation? EVERS: Yes. DISTASO: And when I mean "present," what was your purpose in that? Were you with him, following him around? What was your -- or were you just standing there? Explain that to the Court. EVERS: I just accompanied him wherever Scott went with the -- with Brocchini, then I went with him. DISTASO: Did -- were you present when -- were you present -- did Detective Brocchini or yourself ask the defendant if he had any type of receipt or anything to show where he'd gone fishing that day? EVERS: Did the detective ask him that? DISTASO: Yeah. EVERS: No, I asked him that. DISTASO: And what did he say? EVERS: He said that he had a parking receipt from the marina. DISTASO: And did he show you that? EVERS: Yes, he did. DISTASO: While I'm having this marked, did the defendant ever tell you or the detective or any of the other officers that you're aware of what he was fishing for that day? EVERS: No. Or -- yeah. (Exhibit 82 was marked for identification.) DISTASO: Did you ask him? EVERS: I didn't ask him. DISTASO: Did any other officer ask him? McALLISTER: Objection. Calls for speculation. JUDGE: Sustained. DISTASO: Well, were you present when any other officer asked him? EVERS: Yes. DISTASO: Who was that? EVERS: Officer Spurlock. DISTASO: What was the -- tell me what Officer Spurlock asked him. EVERS: He asked him what was he fishing for. DISTASO: And what was the defendant's response? EVERS: He couldn't say. DISTASO: Did he -- let me show you People's 82. Do you recognize this? EVERS: Yes, I do. DISTASO: And what is that? EVERS: It's a receipt for a parking lot. DISTASO: And is that a copy of the receipt to the Berkeley Marina that the defendant handed you? EVERS: Yes, it is. DISTASO: And after he handed it to you, what did you do with it? EVERS: I gave it to Detective Brocchini. DISTASO: Now, were you -- after you were at the 523 Covena Avenue address, did you go with the defendant and Detective Brocchini anywhere else? EVERS: Yes. DISTASO: Where was that? EVERS: We went to Scott Peterson's place of employment on Emerald. DISTASO: And that's the 1027 North Emerald address? EVERS: Yes. DISTASO: And what happened when you were there? EVERS: We walked into the -- to the office area, and Detective Brocchini asked him about the lights, he didn't have any lights on; and Scott said that there was no electricity. DISTASO: So did you then -- did anyone attempt to turn the lights on? Or let me ask you this. Did you attempt to turn the lights on? EVERS: No. DISTASO: Did the defendant ever offer to somehow produce lighting in the shop? EVERS: No. DISTASO: And did -- did you somehow or Detective Brocchini produce lighting in the shop? EVERS: Yes. DISTASO: How did you do that? EVERS: Right next to the office door there was a huge rollup door of the warehouse. So the warehouse door was rolled up. Detective Brocchini had turned his headlights on from his vehicle and shined them into the warehouse area. DISTASO: Okay. When he did that, do you know what the purpose of that was for? EVERS: Well, they were there to examine the boat. DISTASO: Okay. And let me show you People's 47. Do you recognize the boat in that picture? EVERS: Yes, I do. DISTASO: And how do you recognize it? EVERS: Well, it's the boat that was parked in the warehouse that night. DISTASO: Okay. So that particular boat when you saw it on the 24th of December was parked in the warehouse? EVERS: Yes. DISTASO: And were you able to see any -- through -- by Detective Brocchini shining his headlights there into the bay? EVERS: Yes, and also the use of a flashlight. DISTASO: Okay. So the lighting sources that you used were flashlights? EVERS: Yes. DISTASO: You had a flashlight? EVERS: Yes. DISTASO: And did Detective Brocchini have a flashlight? EVERS: Yes. DISTASO: And Detective Brocchini also put his -- shined his headlights into the bay door? EVERS: Yes. DISTASO: From his car? EVERS: Yes. DISTASO: At any time did the defendant offer to turn the lights on in the shop or make any alternate arrangements for lighting? EVERS: No. DISTASO: Were you present when Detective Brocchini took some photographs of the shop area? EVERS: Yes. DISTASO: And did you see him take any photographs of the boat? EVERS: Yes. DISTASO: I have no further questions, Your Honor. JUDGE: Mr. McAllister.
Cross Examination by Kirk McAllister McALLISTER: Thank you. McALLISTER: When you first -- do you remember what time you got the call from dispatch to go somewhere relating to this case? EVERS: Yes. McALLISTER: What time? EVERS: It's about 5:48 in the evening. McALLISTER: And what -- where did you initially go? EVERS: I was going to go to the address on -- I believe it was Marklee Way where the call originated from. McALLISTER: And did something change your direction? EVERS: Yes. McALLISTER: And so where did you go? EVERS: To the park, East La Loma Park. McALLISTER: And at that point how many -- who did you first meet up with? EVERS: Scott Peterson; Laci's mother, Sharon; a relative that was with Sharon, a female I don't know, I think it was an aunt; one or two other family members that were immediately in this group. McALLISTER: And so there was a group of people together when you first got there which included Sharon Rocha, Scott Peterson, and some other family members? EVERS: Yes. McALLISTER: They were standing together? EVERS: Yes. McALLISTER: And what was the -- what -- could you describe the general attitude that people had? Were people kind of frantic? EVERS: I remember Laci's mom Sharon crying, very, very, very upset. Scott, when he walked up, he appeared to be very upset; and the other family members, just concerned. McALLISTER: Uh-huh. And you were the first officer arriving; right? EVERS: Yes. McALLISTER: So did people kind of come and gather around you? EVERS: Yes. McALLISTER: And what they were telling you was that -- generally was that Laci was missing? Was that the general tenor that you got from these people? Right? EVERS: Yes. McALLISTER: And then what did you do there at that scene while that was going on then? What did your duties include? EVERS: Well, I initially talked to, you know, Scott. I then -- I requested two more units and a supervisor to meet me there. McALLISTER: Okay. Well, probably sometimes you get calls that are, you know, I can't find somebody and they may have walked away from the house, and then by the time you get there, the person's back there. You've gotten those kind of calls; right? EVERS: Yes. McALLISTER: And just from the tenor of how upset Scott Peterson was, Sharon Rocha was, did you get the immediate sensation that this was possibly a serious situation? EVERS: Yes. McALLISTER: Okay. And that's why you called for some more patrol cars and a supervisor? EVERS: Yes. McALLISTER: And so then did the other patrol cars meet at the park? EVERS: Yes. McALLISTER: Meet you at the park? And who were those? Do you remember who those officers were? EVERS: That was Officer Letsinger, Officer Spurlock, and Sergeant Duerfeldt. McALLISTER: Okay. So the supervisor would be the sergeant there? EVERS: Yes. McALLISTER: Right? And then how long were you at the park -- well, let's say -- I think I asked you when you were dispatched. How long did it take you or what time was it, let's say, when you got to the park? EVERS: Just right around 6:00 o'clock. McALLISTER: 6:00 o'clock? EVERS: Yes. McALLISTER: Okay. Then how long were you at the park, roughly? EVERS: Twenty minutes. McALLISTER: Okay. And what was going on in those 20 minutes? EVERS: Just talking to the family and trying to get, you know, as much information as possible. McALLISTER: And did -- was there a dog there? EVERS: Not at that time, no. McALLISTER: Okay. That would have been some other -- Scott didn't have the dog McKenzie there? EVERS: Oh, I'm sorry. I'm sorry. I thought you were referring to a police dog. Yes, Scott did have the dog. McALLISTER: So he had the family dog? EVERS: Yes. McALLISTER: Separated from the police dog. Police dogs would show up later; right? EVERS: That's correct. McALLISTER: But the family dog was there and Scott had that dog on a leash at that time? EVERS: Yes. McALLISTER: Did you see Scott walking around with the dog at any time while you were down at the park? EVERS: No. McALLISTER: What -- were people searching while you were talking to the family members? Were there other people around yelling, you know, "Laci, Laci," things like that? EVERS: Yes. McALLISTER: And so there were people -- were there friends there, too, I mean, other than just family members? I mean, to your knowledge? EVERS: Yes. McALLISTER: There were quite a few people there looking already? EVERS: Yes. McALLISTER: And then you're there for roughly half an hour? EVERS: Twenty minutes. McALLISTER: Okay. And then after that, where did you go? EVERS: Went to the residence. McALLISTER: Okay. That would be 523 Covena? EVERS: Yes. McALLISTER: And the reason for doing that was that was the last place that Laci had been seen? EVERS: Yes. McALLISTER: (Coughing) Pardon me. I'm trying not to get too close to you. Now, when you got to the residence, 523 Covena, while you were there, did other friends or family arrive? EVERS: Yes. McALLISTER: Did that continue for quite a while? You were there quite a while, weren't you? EVERS: Yes. McALLISTER: Did -- during the entire time you were there, did people come and arrive who had been alerted one way or the other to this problem? EVERS: Yes. McALLISTER: And were some people being sent out to go and check with neighbors and stuff of the people who arrived -- EVERS: Yes. McALLISTER: -- to see if any of them had seen Laci? EVERS: Yes. McALLISTER: Right? And that wasn't all being coordinated by the police; right? I mean, neighbors were offering to go and check and -- EVERS: Yes. McALLISTER: -- you, as the officer, or Sergeant Duerfeldt, as the supervisor, weren't assigning friends and family members to do different jobs; right? EVERS: No. McALLISTER: Everybody wanted to help; right? EVERS: Yes. McALLISTER: And they would -- they would all divide up chores and would you -- would you describe generally the feeling continuing at the house as one of kind of anxiety and worry? EVERS: Yes. McALLISTER: And were people -- while you were there, were people -- was anybody phoning hospitals? EVERS: Not that I know of. McALLISTER: Do you know if hospitals were called that evening by anyone? EVERS: Yes. McALLISTER: And do you know where that -- who was calling? EVERS: I think dispatched called. McALLISTER: Okay. But you don't know of any civilians calling? EVERS: No, I don't. McALLISTER: Or if civilians were calling, you wouldn't know about it necessarily? EVERS: I don't -- no. McALLISTER: Okay. Now, when you got up to 523 Covena, you are -- you all arrive in separate vehicles; right? EVERS: Yes. McALLISTER: Scott Peterson's in one vehicle? EVERS: I don't know how he got there. McALLISTER: Okay. You don't know if he walked back up or was in a car or anything; right? EVERS: No. McALLISTER: You describe a couple of conversations that you had with him, one down at the park, I think, and then another at the house; right? EVERS: Yes. McALLISTER: Now, I mean, when he came back to the house, he came there by himself; right? EVERS: I don't know how he came back to the house. McALLISTER: Well, I mean, he didn't come in a patrol car; right? EVERS: No. McALLISTER: He wasn't a suspect in anything; right? EVERS: No. DISTASO: Objection, Your Honor. McALLISTER: McALLISTER: Well, this is a missing persons investigation; right? EVERS: Yes. DISTASO: I withdraw that. JUDGE: Counsel rephrased, so -- DISTASO: He did. That's fine. McALLISTER: The questions you're asking of Mr. Peterson are intended to enlighten you as to anything that might give you a clue as to Laci Peterson's whereabouts, not to try to remember details to try to trip up Mr. Scott Peterson. Is that an accurate statement? EVERS: Yes. McALLISTER: Okay. Now, when you -- and was he being cooperative with you? EVERS: Yes. McALLISTER: Now, when you then got to the house, you -- were the other officers, did likewise Spurlock, Lightsinger -- is that the name? EVERS: Letsinger. McALLISTER: Letsinger and Sergeant Duerfeldt, did they also all come to the house? EVERS: Yes. McALLISTER: And what time did you arrive at the house? EVERS: I think it was about 6:20 or 6:23. McALLISTER: Okay. Is your police report of any assistance in figuring out exactly what time you came to the house? EVERS: It probably would be, sir, yes. McALLISTER: Why don't you take a look, if you can find a time on that. EVERS: (Witness reading.) My report, it's not in my report, but if I refer to the actual call incident that night, it would assist me. McALLISTER: Okay. You've got your printout from the radio dispatcher; right? EVERS: That's correct. McALLISTER: And what unit were you on the radio log? EVERS: M41. McALLISTER: Okay. And so does that show you when you got to Covena? EVERS: I believe so, yes. McALLISTER: Okay. What time is that? Does that refresh your recollection? EVERS: Yes, it would. McALLISTER: What time was that, sir? EVERS: 1825 hours, which is 6:25 PM. McALLISTER: So you were pretty much on the money when you said 20, 25 minutes? EVERS: Yes. McALLISTER: That would be 6:25 PM? EVERS: Yes. McALLISTER: Now, how long was it before you left the residence that evening? Does that also show on there? EVERS: Yes. McALLISTER: What time was that? Or more properly, looking at that, does that refresh your recollection about it? EVERS: Let me find when I changed my location. Okay. About 11:13 PM. McALLISTER: Okay. And where did you go at around 11:13? EVERS: I drove over to the warehouse on North Emerald. McALLISTER: Okay. So you were at the house then from 6:25 to roughly 11:13? EVERS: Yes. McALLISTER: Now, you have shown us -- well, let me back up for a second. You were asked several questions about the missing persons report, and when was that filled out? When was that document filled out? EVERS: Right before I was about to leave to go to the warehouse. McALLISTER: Okay. Okay. So that would be -- what? -- around 11:00 PM then? EVERS: That's correct. McALLISTER: So roughly. And was it roughly around 11:00 PM when you wrote down the information on the document, then? EVERS: Yes. McALLISTER: And was it roughly around 11:00 PM when you got the information from Mr. Peterson? EVERS: Yes. McALLISTER: Then with that, did you send out a BOL or had that already been done? EVERS: I earlier put out a message on the computer to all the units, you know, the BOL for the person, for Laci. McALLISTER: Does that show what time you put out the BOL? That's "be on the lookout," for the uninitiated. EVERS: Pardon me? McALLISTER: I was just making an aside there. BOL means be on the look out; is that correct? EVERS: That's correct. McALLISTER: Okay. What time was the BOL? EVERS: I don't know. McALLISTER: And what information went out on the BOL as opposed to the missing persons information? EVERS: I'm sorry. I do have a record of it right here. It was put out at 11:08, so it wasn't that much earlier than when I did the report. McALLISTER: Okay. So the BOL goes out at 11:08? EVERS: Right. McALLISTER: PM. Had there been any earlier message out to law enforcement through the radio or computer system relating to this missing person? EVERS: I think there was, yes. McALLISTER: Okay. What was that? EVERS: I think that there was a message put out on the computers or MDT's. McALLISTER: And MDT's are your mobile data -- EVERS: Terminals. McALLISTER: -- terminals? EVERS: Yes, sir. McALLISTER: And those are those cool computers in the patrol cars; right? EVERS: Yes. McALLISTER: Now, what time did that go out? EVERS: Sometime between -- probably about 6:30 to 11:00 o'clock. McALLISTER: Okay. And you're just saying that because it had to have been in that period of time and not because of anything that shows on your -- the document with which you're refreshing your recollection; is that right? EVERS: No. McALLISTER: Is that correct? EVERS: That's correct. McALLISTER: What information went out on that earlier bit of information about this missing person? EVERS: Just a general description of Laci, her name, being eight months pregnant. McALLISTER: Is that it? EVERS: Clothing. From what I can remember. I don't remember -- McALLISTER: Well, maybe, in fairness, did you send out that earlier alert that we don't have the time for? EVERS: No. McALLISTER: Who did that? EVERS: I don't know. McALLISTER: Did anyone? EVERS: I think so. I'm pretty sure, yes. McALLISTER: Well, who are you pretty sure did it, if you know? EVERS: It could have been someone at dispatch. It could have been the officer. It could have been the watch commander. I don't know. McALLISTER: Okay. Does -- while you're looking at that, jumping around with it, but let me jump around. While you're refreshing your recollection about exact times from the dispatch records, the photographs that you were shown, which are right here what are numbered 48 through 78, those are the pictures that Mr. Distaso was asking you about taken at the house; right? EVERS: Yes. McALLISTER: Did you take them? EVERS: No. McALLISTER: Who took them? EVERS: I think it was our ID tech person, Doug Lovell. McALLISTER: Okay. And does your radio dispatch printout there reflect when Mr. Lovell showed up at 523 Covena? EVERS: I believe it does, yes. McALLISTER: Could you look at that and provide us with that information? JUDGE: How much longer are you going to be, Mr. McAllister? McALLISTER: Quite a bit. JUDGE: You're not going to finish him today then? McALLISTER: Oh, I think not, no. I know not. JUDGE: Let's finish this one and then we'll break for the day. (Pause.) JUDGE: Maybe I'll give him the weekend to look for it. McALLISTER: I think he's got it. EVERS: A lot of units there. McALLISTER: Okay. EVERS: ID tech, Doug Lovell, he was en route about 11:30, and he arrived on scene about 11:35. McALLISTER: McALLISTER: Okay. So the photographs would have been taken after you had left the residence? EVERS: Yes. McALLISTER: And you didn't see Mr. Lovell before you left to go over to the warehouse? EVERS: No. McALLISTER: Is that accurate? EVERS: That's correct. McALLISTER: Okay. So -- okay. That would be a good time to break, Your Honor. (Evening recess at 1:05 p.m.)
Tuesday, November 4 CROSS-EXAMINATION (RESUMED) McALLISTER: McALLISTER: Officer Evers, backtracking to last Friday, I believe it was about 6:25 when you arrived at the house, that's what you told us last Friday; is that right? EVERS: Yes. McALLISTER: And when you got to the house, were you the first officer to get to the house? EVERS: I'm not sure. McALLISTER: Okay. You mentioned some other name, Letsinger, Spurlock, and then Sergeant Duerfeldt. Do you have any recollection of which of the -- of those arrived first? EVERS: No, I don't. McALLISTER: Okay. Were there -- were there people, civilian people, concerned people there at the house when you did arrive? EVERS: In front of the residence. McALLISTER: Okay. About how many? EVERS: Oh -- McALLISTER: Roughly. EVERS: Five to ten. McALLISTER: Okay. And these are not police officers, right? These are people of civilian dress? EVERS: Yes. McALLISTER: People unknown to you? EVERS: Yes. McALLISTER: And then what was your first action at the house? What did you first do? EVERS: Officer Spurlock and Letsinger, myself, we went into the house. McALLISTER: Okay. Did you go in with anybody at that time? EVERS: No. McALLISTER: Okay. Was Mr. Peterson there, Scott Peterson there at that point? EVERS: Yes. McALLISTER: He was outside at that point -- EVERS: Yes. McALLISTER: -- when you went in with the other officers? EVERS: Yes. McALLISTER: And then what did you do inside? Just roughly describe what you did inside. EVERS: Just go from room to room, look in areas that a person might be hidden at. McALLISTER: Okay. And then you satisfied yourselves that there was no other person in the house, right? EVERS: Yes. McALLISTER: What did you next do? EVERS: I cleared the backyard. McALLISTER: What does that mean? EVERS: I searched the backyard. McALLISTER: Okay. Same thing, see if there's any person in the backyard? EVERS: Yes. McALLISTER: And did the other officers do that with you? EVERS: Yes. McALLISTER: And you satisfied yourselves there's no person there, right? EVERS: Yes. McALLISTER: What did you do after that? EVERS: I went to the front and met with Scott and had him come through the house and do a walk-through. McALLISTER: Okay. And the purpose of that was what? EVERS: If he can identify anything that was out of order or anything that was missing, anything that just didn't look right. McALLISTER: Okay. Now, do you still have that printed log of the radio calls -- EVERS: Yes. McALLISTER: -- with you? Could you take a look at that? Maybe just keep it out, because I'm going to ask you a few times which may be reflected on that. EVERS: Okay. McALLISTER: At 1707, there's a reference there that the MP's house is clear. Do you see that? Or 1907 -- EVERS: 1707 -- McALLISTER: 1907 would be 7:07 p.m.? EVERS: Yes, I see it. McALLISTER: Okay. Is that -- did I -- other than botching the time, what was the actual time reflected there? EVERS: 7:07. McALLISTER: P.m.? EVERS: Yes. McALLISTER: And what does that notation mean? EVERS: I was telling dispatch that the house was clear of the missing person. McALLISTER: Okay. Now, would that be the end result of the walk-through that you and the other officers did by yourselves looking for the missing person? EVERS: Yes. McALLISTER: Okay. And so then you get on the radio and say, "Well, we've done this, just walked through looking for any person in there, and there's no person in the house or yard"? Is that what that is? EVERS: Yes. McALLISTER: Okay. So that's -- that's at 7:07 p.m., right? EVERS: Well, there might have been a time delay when I actually broadcast that. McALLISTER: Okay. EVERS: I don't know -- McALLISTER: All you can say is that's when the broadcast was? EVERS: That's correct. McALLISTER: Okay. Then you did this walk-through with Scott Peterson, and that was looking for anything out of place, anything missing, et cetera, right? EVERS: Yes. McALLISTER: Now, you -- you had spent some time with Scott Peterson at the house -- strike that. At the park you had spent some time with Scott Peterson, right, talking with him? EVERS: Yes. McALLISTER: And now how long were you in the house with him when you're doing this search through the house to see if anything was missing? About how long was that? EVERS: Oh, 15 minutes. McALLISTER: Okay. And you were involved in that all the time that Mr. Peterson was in the house? EVERS: Yes. McALLISTER: And you were talking with him, right? EVERS: Yes. McALLISTER: Okay. Now, in the -- and just as an aside here, in the conversations you had with Mr. Peterson, you had a chance to be fairly close to him, right, physically? EVERS: Yes. McALLISTER: And was it correct to say that you smelled no odor of alcohol or anything like that on him? EVERS: No. McALLISTER: Is that correct? EVERS: That's correct. McALLISTER: And unlike me last Friday, at that time, when you were going through the house on December 24th, you didn't have a head cold or a cold or a sinus congestion or anything like that, right? EVERS: Not that I could remember. McALLISTER: Okay. I mean, your nose was working okay? EVERS: I don't remember. McALLISTER: Okay. When you went through the house then, you've got a sketch of this house -- or there is a sketch of this house up here -- JUDGE: 79 or 80? McALLISTER: This would be -- yeah, I guess whichever. Let's just say 79, since that's the side of it that's showing. McALLISTER: And that is not to scale, but that -- that roughly shows the floor plan of the house, right? EVERS: Yes. McALLISTER: Single-story house, right? EVERS: Right. McALLISTER: No basement, right? EVERS: No. McALLISTER: Okay. And so, basically, you've got two bedrooms, the nursery -- what was this room here just east of the master bedroom (indicates)? EVERS: It's a bathroom. McALLISTER: Okay. And then you've got -- this would be a converted garage? Is this -- that which extends towards the east, that was formerly a garage or looked like it used to be a garage? EVERS: Yes. McALLISTER: Okay. And then you've got the dining room here just east of the bathroom; is that correct? EVERS: That's correct. McALLISTER: Any estimate that you have in terms of the total footage of the house, how many square feet? EVERS: I don't know. McALLISTER: Pretty small house? EVERS: I don't know what you consider small or -- McALLISTER: Well, I mean, you were able to go through it with Mr. Peterson in the span of 15, what, maybe 20 minutes to see if anything was missing, right? EVERS: Yes. McALLISTER: And that was a relatively thorough search with you and Scott Peterson and the other officers going room to room? EVERS: Yes. McALLISTER: Okay. You weren't being hurried by any other events, right? EVERS: No. McALLISTER: And when you -- when was it that you were talking with Mr. Peterson? You mentioned something about him being asked about the fish, the type of fish that he was fishing for. Where were you when you had that conversation with Scott Peterson? EVERS: That's Officer Spurlock that was having conversation with Scott, and that was after we had went through the back rooms, the back bedrooms, and we were coming back down the hallway towards the dining room area. McALLISTER: Okay. So you're just walking through the house when that takes place? EVERS: I -- I was actually leading, and Officer Spurlock, Officer Letsinger were behind me, and I think Scott Peterson was directly behind me. McALLISTER: Okay. So you're hearing a conversation that's going on right behind you? EVERS: Yes. McALLISTER: And did Scott Peterson say some -- did he -- did he make any gestures describing some size or some aspect of the type of fish that he was fishing for? EVERS: I didn't see that. McALLISTER: Did he make any kind of description -- he couldn't give the name of the fish; isn't that correct? EVERS: I did not actually hear his response. Officer Spurlock was having this conversation. And when we reached the front, in like the kitchen area, that's when Officer Spurlock came up to me and whispered to me and said -- McALLISTER: Well, I'm going to object to that as hearsay, Your Honor. JUDGE: Sustained, unless somebody wants it in under 115. McALLISTER: Okay. DISTASO: Well, Your Honor, it was offered under 115, and so -- I guess I can follow up on it. McALLISTER: McALLISTER: Okay. So you yourself -- let's go back to the hallway. You're coming down the hallway. What was the question that you heard Spurlock ask Mr. Peterson? EVERS: "What were you fishing for in the Bay Area?" McALLISTER: And is -- now, is this at a point where you've completed the search of the house, you're now headed outside or some other place? EVERS: No, we were just coming down the hallway and -- McALLISTER: To go where? EVERS: To go to the front of the house or to the front, to the family room, the kitchen area. McALLISTER: Okay. To do the same thing, look to see if anything's missing, anything is out of place, that kind of thing? EVERS: Yes. McALLISTER: Okay. So you hadn't finished the search of the house with Scott Peterson at that point? EVERS: No. McALLISTER: Okay. So is Spurlock, if you know, is he -- does he have a notepad out or a recording machine out when he was talking to Mr. Peterson? EVERS: I don't know. McALLISTER: Okay. And so you hear this question by Mr. Spurlock, and then do you hear a response from Mr. Peterson? EVERS: I hear some conversation. I don't know exactly what he said. McALLISTER: Okay. But there wasn't just silence from Scott Peterson? EVERS: No. McALLISTER: Okay. You were saying something, and you simply don't remember what it was; is that right? EVERS: No, I didn't hear exactly what his response was. McALLISTER: Okay. Now -- JUDGE: While you're looking at those items of evidence, I may have misspoke yesterday when I said all the items of evidence were marked or in evidence. All of these items that were marked during Detective Evers' testimony are not in evidence yet. Everybody's in agreement there, I presume? DISTASO: Yes, Your Honor. McALLISTER: You were shown several photographs, Officer Evers, last Friday. I believe among them was Number 48, which is a mop and bucket; is that correct? EVERS: Yes. McALLISTER: Now, where was that located when you saw it? EVERS: Outside the door south of the family room, the garage that was converted into a family room. McALLISTER: Okay. It would be somewhere in this area here (indicates)? EVERS: Yes. McALLISTER: And what did you -- the entryway is along that path, right? There's a brick path towards the front door? EVERS: Correct. McALLISTER: So this bucket and mop are sitting right on the -- adjacent to the walkway right to the front door? EVERS: Yeah, it's sitting right on -- it's sitting right in front of the door to the family room. McALLISTER: Okay. But, I mean, to walk to the front door, you've got to walk by that -- EVERS: Yes. McALLISTER: -- right? Was it hidden in some fashion? EVERS: No. McALLISTER: Okay. And what's this blue thing here? We see another -- there's a -- appears to be a mop in the bucket, and then there's some other blue thing there. Do you know what that is? EVERS: I thought it was another mop, but I'm not sure. McALLISTER: Okay. So you saw the mop bucket before you entered the house? EVERS: Yes. McALLISTER: And you entered through the front door initially? EVERS: Yes. McALLISTER: You walk right by the mop bucket? EVERS: Yes. McALLISTER: Which is not hidden in any way, right? EVERS: No. McALLISTER: Did you notice the mop bucket when you walked by the family room door there on your way to the front door? EVERS: Yes. McALLISTER: Now, what happened after the 15 or so minutes that you spent inside with Mr. Peterson looking for things which were missing? What transpired after that, generally? EVERS: Well, we all returned to the front of the residence, you know. I conferred with my supervisor, you know. There was plans -- not plans, but there was attempt to get a helicopter en route to check the park with the FLIR. And basically that's what we were doing. We waited for a helicopter. McALLISTER: This is all outside the house? EVERS: Yes. JUDGE: You mentioned FLIR. What is that? EVERS: It's a piece of equipment on a helicopter. It stands for Forward Looking Infrared Device. It's to look for heat sources. McALLISTER: McALLISTER: There was an earlier notation there at 1825, which I guess would be 6:25 p.m., same time you came on -- around on the scene, "Covena is the CP"? What is the CP? Do you see that on your logs? EVERS: Yes. McALLISTER: What does that mean? EVERS: It's the command post. McALLISTER: Command post. Okay. Now, did you go back in the house after that? EVERS: Yes. McALLISTER: When'd you do that? EVERS: There was at least two occasions that the phone rang. So I escorted Scott into the kitchen area where he answered the phone. McALLISTER: Okay. EVERS: He hung up and came back out. Then just missed the phone ringing again. We went back in, got the phone. This time we took the phone out with him. It was a portable phone, so he kept it with him on the front driveway area. McALLISTER: Okay. Now, when is the next time after that that you went back into the house? EVERS: That's when Detective Brocchini arrived. McALLISTER: Okay. And that was at 9:26, right? EVERS: I believe so, yes. McALLISTER: Could you check that -- EVERS: Sure. McALLISTER: -- see if that's reflected in your radio log? EVERS: At 9:26, it shows that he was en route, but he didn't actually arrive until 10:01 p.m. -- or, excuse me, 9:54 p.m. McALLISTER: Okay. So, now, this is the first detective to show up, right? EVERS: Yes. McALLISTER: Now, you've had a sergeant there, but now you've got a detective, and that means that there's somebody else in charge, and that would be Detective Brocchini? EVERS: Yes. McALLISTER: Is that an accurate statement? EVERS: Yes. McALLISTER: Other than those phone calls that you went in to answer with Scott, were you in the house at all until Brocchini arrives? EVERS: No. McALLISTER: Now, once Brocchini did arrive, did you take him or did you go with him into the house? EVERS: Yes. McALLISTER: Because you had to bring him up to speed on the situation as you knew it, right? EVERS: Yes. McALLISTER: And is this something that you did by yourself, or did one of the other officers, or how did that work? EVERS: Brocchini was talking to the sergeant by his vehicle, and I walked over and briefed him. McALLISTER: Okay. So as the first one to get the call, I guess, you were the one to give him the briefing of what you knew? EVERS: Yes. McALLISTER: Now, let's go back to the walk-through, not with Scott Peterson, but the one that you did with the officers. When you went through the residence with the other officers to establish whether or not there was a body in the house or a person in the house, you had already seen this bucket next to the front walkway, right? EVERS: Yes. McALLISTER: Did you see any moisture on any floor inside the house? EVERS: No. McALLISTER: And you were attentive to that, because you'd already seen the bucket outside, right? EVERS: I don't remember seeing any floor wet. McALLISTER: Okay. Well, and you sure would have put that in your report had you seen it, correct? EVERS: A floor being wet? McALLISTER: Yep. EVERS: I probably would have, yes. McALLISTER: And if you hadn't, one of the other officers probably would have, right? EVERS: I -- DISTASO: Objection. Calls for speculation. JUDGE: Sustained. McALLISTER: McALLISTER: Have you reviewed Officer Spurlock's report prior to getting on the stand today or prior to getting on the stand last Friday? EVERS: Yes. McALLISTER: Did his report serve to refresh your recollection about some facts maybe that weren't even in your report? EVERS: Yes. McALLISTER: Okay. Nowhere in your report is there anything about there being the least amount of moisture on any floor inside 523 Covena when you went through it the first time on December 24th; is that an accurate statement? EVERS: Inside the residence? McALLISTER: Yeah. EVERS: Yes. That's correct. McALLISTER: And, furthermore, there's nothing in the report to indicate that at any time that you were in the residence that evening you noticed any moisture on any floor at 523 Covena; also accurate? EVERS: That's accurate. McALLISTER: Is it also accurate to say that at no time when you were inside the residence that evening that you noticed the smell of any kind of bleach, chlorine, cleansing agent, Mr. Clean, or any other kind of smell that appeared to be a cleaning agent? EVERS: That's correct. McALLISTER: Is that correct? EVERS: That's correct. McALLISTER: Okay. Now, the second time that you go in, that is the time that you go in with Scott Peterson? EVERS: Yes. McALLISTER: Well, let me ask you one more question about that bucket. This jumps a little bit. But when you -- you went over to the warehouse at a later point, I think you told us 11:13, does that sound familiar, p.m.? EVERS: That sounds familiar. McALLISTER: I mean, I had a head cold, and I can't guarantee what you said last Friday, but did you come back to the house at 523 Covena after you had been to the warehouse? EVERS: Yes. McALLISTER: Okay. And what time did you do that? EVERS: I would have to refer to the log. McALLISTER: Sure. If you would. Take your time. EVERS: About a minute after midnight. McALLISTER: Okay. And then what did your duties consist of once you returned at 12:01? What did you do then? EVERS: I know I went back, and that's when Doug Lovell was taking photographs. I was just checking on it, see what the status was. McALLISTER: Okay. And do you know roughly how long you were there before you cleared to go somewhere else? EVERS: I was there about 11 minutes. McALLISTER: And then you were not there -- after the 11 minutes, you didn't come back at some later time? EVERS: No. McALLISTER: Now, when you were there at this later time when you got there at 12:01, was the mop bucket still there? EVERS: The ID tech, Doug Lovell, had -- McALLISTER: Well, was the mop bucket in the same place when you came back at 12:01 as it had been when you left at roughly 11:13? EVERS: No. McALLISTER: Did you see where it was when you arrived back at 12:01? EVERS: Yes. McALLISTER: Where did you see it? EVERS: ID Tech Doug Lovell had it in his hand. He was holding it by the handle. McALLISTER: Where was he? EVERS: Standing in front of the house. McALLISTER: Did you talk to him? EVERS: Yes. McALLISTER: Did you ask him if he was gonna be doing some cleaning up? EVERS: No. He was taking it as evidence. He was collecting it as evidence. McALLISTER: Mr. Peterson wasn't there at that time, was he? EVERS: No. McALLISTER: Scott Peterson? EVERS: No. McALLISTER: Did you tell Lovell to take it? EVERS: No. McALLISTER: That was already being done when you showed up -- EVERS: Yes. McALLISTER: -- right? It had already been moved? EVERS: Yes. McALLISTER: And would that typically be the direction that a detective would give? EVERS: Yes. McALLISTER: To move evidence or to seize it? EVERS: Yes. McALLISTER: Were you ever shown any receipt for that bucket? EVERS: No. McALLISTER: Okay. I was about to ask you some questions about when you were going through with Scott Peterson looking for things that could be missing, and you and Scott Peterson and the other officers went room by room looking to see if anything was missing, is that how it went? EVERS: Missing or moved, yes. McALLISTER: Moved? Okay. Let me just flip through some of these. I'm not going to show you all of them, but -- 52 is a picture of, partially, at least, of the kitchen area? EVERS: Yes. McALLISTER: And is the telephone somewhere near there or where it was or where the cradle for it was? EVERS: Hum -- McALLISTER: Or do you have a recollection of that? EVERS: I don't remember. McALLISTER: Okay. Fair enough. 54 shows part of that family room? EVERS: Yes. McALLISTER: 56 is another shot of the family room showing the other side of the fireplace; is that correct? EVERS: Yes. McALLISTER: Some diplomas on the wall on the east side of the fireplace? EVERS: Yes. McALLISTER: 63, is that showing the doorway into the nursery? EVERS: Yes. McALLISTER: 64, a little bit -- well, tell me what 64 is. EVERS: It's a -- it's a shot of the doorway into the nursery also. McALLISTER: Okay. And then 65? EVERS: Is the nursery. McALLISTER: Okay. A mobile, baby mobile hanging from the ceiling -- EVERS: Yes. McALLISTER: -- right? Crib? EVERS: Yes. McALLISTER: A life preserver-type decoration above it which says, "Welcome aboard"? EVERS: It does, yes. McALLISTER: 72, bathroom? And that would be that bathroom I asked you about? EVERS: Yes. McALLISTER: What is this thing that's a black object that's there on the tile? EVERS: Curling iron. McALLISTER: Curling iron for hair? EVERS: Yes. McALLISTER: Let me show you a picture which is marked 74. Now, that shows a closet, obviously, right? EVERS: Yes. McALLISTER: And that's a closet with female articles in it? EVERS: Yes. McALLISTER: And 75 shows us what? EVERS: A purse hanging up in the closet. McALLISTER: Okay. Now, is the purse somewhat visible in Number 74? EVERS: That might be the corner, just a sliver of the purse (indicates). McALLISTER: There's some belts -- just for reference, there's some belts hanging there, right? EVERS: That's correct. McALLISTER: And so from the different vantage point that 74 has, coming out from behind the doorjamb, looks like at somewhat of an angle there's an object that could be the corner of that purse? EVERS: Yes. McALLISTER: Now, that is the purse that you checked with -- or watched Scott Peterson check to make sure if anything was missing; is that correct? EVERS: Yes. McALLISTER: Now, what did you see Scott Peterson do with the purse when he was going through it with you and the other officers to see if there was anything missing? EVERS: He just looked at the items inside, see if there was anything missing. McALLISTER: Well, okay, how did he do that? Did he take the purse off the hook? EVERS: I don't remember who took it off the hook. McALLISTER: Okay. Well, somebody took it off the hook to look inside. EVERS: Right. McALLISTER: Right? EVERS: Right. McALLISTER: So you were there when this happened? EVERS: Yes. McALLISTER: So whoever took it off the hook, what happened then to make sure that valuables or identification, et cetera, were still in the purse? EVERS: I think it was Officer Spurlock that had the purse, and he was opening it and pulling things out, and Scott was looking at it. McALLISTER: Okay. I mean, the purse was gone through to establish if credit cards were missing, right? EVERS: Yes. McALLISTER: Isn't this the kind of stuff you want to know? EVERS: Exactly -- yes. McALLISTER: And identification, you want to know if that's there, right? EVERS: Right. McALLISTER: Keys? EVERS: Right. McALLISTER: Had you seen any keys before the purse was looked into? EVERS: No. McALLISTER: I mean Laci Peterson's keys? EVERS: No. McALLISTER: You were interested in knowing if those keys were still there? EVERS: Yes. McALLISTER: And so, what, Officer Spurlock then took these things out? Were they put out on a bed or put out on a dresser, or how did this -- how did this go to make sure that a thorough inventory was done of the contents of the purse? EVERS: He just held it in his hand and went through it, pulled things out. McALLISTER: And handed them to Scott? EVERS: I don't remember if he handed it to him or not. McALLISTER: Well, do you recall what form the credit cards were in? Were they in a, you know, a thing that had them in slots, or were they in plastic separated – EVERS: No. I don't remember. McALLISTER: You don't remember? EVERS: No. McALLISTER: What was in the purse, that you recall? Let's go -- go there. EVERS: A wallet of some sort, just personal items. That's all I could remember. McALLISTER: Keys? We talked about some keys. You remember some keys, right? EVERS: I think the keys were in there, yes. McALLISTER: ID? EVERS: I think the -- I think the ID was in there, yes. McALLISTER: And then what happens then to the purse once these things are put back -- who puts them back in? EVERS: Officer Spurlock put them back in. McALLISTER: And then where did the purse go after that? EVERS: We just hung it back up. McALLISTER: Now, were you present when the purse was gone through a second time that evening? EVERS: Yes. McALLISTER: Okay. When did that happen? EVERS: Detective Brocchini went through it. McALLISTER: And, okay, that would be after, what did we say, 9:54 he showed up? EVERS: Yes. McALLISTER: Okay. And then what happened -- what brought Detective Brocchini to -- well, tell us what -- you were there, you saw it, right? What'd you see happen? EVERS: See where? At what point? McALLISTER: When Brocchini goes through the purse or somebody shows the contents to Brocchini. EVERS: He takes the purse, and he goes through it. McALLISTER: Okay. What did you see him do? EVERS: Just remove items out of the purse and ask Scott Peterson about them. McALLISTER: Hand them to Scott, "What's this?" EVERS: I don't remember him handing anything to him. McALLISTER: May have? EVERS: It's possible. McALLISTER: Sure. Have you looked at Brocchini's report? EVERS: Yes. McALLISTER: Did that refresh your recollection about these -- about him going through the purse? EVERS: I don't know. I don't remember that part. McALLISTER: Well -- EVERS: I'd have to look at it again. McALLISTER: Showing you a page of Detective Brocchini's report. EVERS: Okay. McALLISTER: Does that refresh your recollection about some of the items that were in there? EVERS: I remember the wallet and the keys. I don't remember the sunglasses or the other items. McALLISTER: Okay. But these are all items that were taken out of the purse when Brocchini then wants to see what's inside the purse? DISTASO: Objection, Your Honor. It's vague. If we're talking about the wallet and keys which the detective remembers, then I have no objection. But it's vague right now. JUDGE: Overruled. EVERS: What's the question, Mr. McAllister? McALLISTER: When you -- let me just ask another question. When you -- can you give us an estimate about when this was when you saw Brocchini looking into the purse and showing objects and handing them to Mr. Peterson? EVERS: Well, I didn't see him hand -- hand any objects to Mr. Peterson, but it would have been probably just some, you know, minutes after 10 o'clock. McALLISTER: Okay. Early in the time that he was there? EVERS: Yes. McALLISTER: And then the items were returned to the purse, right? EVERS: Yes. McALLISTER: And then it's sometime after that that the purse is photographed hanging on the wall? EVERS: Yes. McALLISTER: Okay. Now -- so the photograph, does that -- was the purse hanging in the same way when -- when initially you saw it the first time, I mean? EVERS: Yes. McALLISTER: Is there a flap or an opening into the purse on the opposite side of that? EVERS: I don't remember. McALLISTER: Do you remember how you get into the purse? EVERS: No, I don't remember. McALLISTER: Now, did you, likewise, take Detective Brocchini through the house to show him that, you know, "Here's the bedroom, and here's the master bedroom, here's the nursery," bring him up to speed? EVERS: Yes. McALLISTER: Okay. And in the doing of that, just like the first time that you went through there, you smelled no odor of any kind of chlorine, bleach, or any other cleaning agent; is that accurate? EVERS: That's accurate. McALLISTER: Nor did you this time see any moisture on any floor inside the house, correct? EVERS: That's correct. McALLISTER: Now, when you went over to this warehouse, you remember -- pardon me. One question I want to ask you first. Can I have this marked as an exhibit? THE CLERK: Exhibit L. (Whereupon, Defendant's Exhibit L was marked for identification.) McALLISTER: McALLISTER: Showing you what was marked Defendant's L for identification, I'll ask you if you can identify the scene that that picture shows? EVERS: Yes. It's -- it's the Christmas tree in the -- I guess it's the formal dining room area with presents underneath it. McALLISTER: Now, is that a scene that you saw when you were there on the 24th of December, Officer Evers? EVERS: Yes. McALLISTER: Presents under the tree, right? EVERS: Yes. McALLISTER: Tree decorated, right? EVERS: Yes. McALLISTER: Now, when you went over to the warehouse, did you go there in separate cars or one car, or how'd you get over there? EVERS: Separate cars. McALLISTER: Okay. You had your patrol car, right? EVERS: Yes. McALLISTER: And Detective Brocchini had another kind of a, what, a detective car? EVERS: Yes. McALLISTER: What, does that have more chrome on it? EVERS: No. McALLISTER: Okay. Now, when you -- and did Mr. Peterson come in a third car? EVERS: No. McALLISTER: Where was he? EVERS: He was with Brocchini. McALLISTER: Okay. Now, where did you first go inside the warehouse? Where did you first go? EVERS: I stood in the doorway of the office. McALLISTER: Okay. So there's a doorway, a regular doorway, like a man door for entry into the office? EVERS: Yes. McALLISTER: Is that correct? EVERS: Yes. McALLISTER: And did you stay outside the whole time? EVERS: I stayed in the doorway, just inside the doorway. McALLISTER: Okay. Did you see the lights go on inside this office? EVERS: No. McALLISTER: Did you see any lights on inside the office at any time? EVERS: Just the flashlights, our flashlights. McALLISTER: Did you see any electronic devices in there, any kind of fax machines, any kind of computers? EVERS: Yes. McALLISTER: And where did you see those? EVERS: They were in the office area on a desk. McALLISTER: Was there any illumination coming from any of those? EVERS: Not that I can remember, no. McALLISTER: So there were fax -- you could see fax machine -- a fax machine, you could see a computer, right? EVERS: Yes. McALLISTER: Did you see a light switch? EVERS: No. McALLISTER: Did you see -- I mean, so as you stood in the doorway, you -- you had the impression there was no source of illumination there inside the -- inside any part of the warehouse, is that -- is that the impression that you had? EVERS: We were told the power was out, so there was no -- there's nothing to turn the lights on with. McALLISTER: Okay. Nobody tried flipping a switch? EVERS: I didn't. McALLISTER: Okay. With your flashlight, could you see a switch on the wall, look like -- kind of look like a light switch? EVERS: I didn't see one. McALLISTER: Did you see a, you know, a miner's hat there that Mr. Peterson must have worn to do his work in the office, you know -- DISTASO: Objection, Your Honor. It's argumentative. JUDGE: Sounds like it. Sustained. McALLISTER: And you did see a boat there, didn't you? EVERS: Yes. McALLISTER: Did you -- did you look inside the warehouse and see the boat, or were you always outside? EVERS: At that point, I was standing outside. McALLISTER: Did you ever go inside the warehouse to look at anything more -- EVERS: No. McALLISTER: -- more, you know, close up? EVERS: No. McALLISTER: So you never got near to the boat? EVERS: No. McALLISTER: Ever look in the boat? EVERS: No. McALLISTER: Ever see Detective Brocchini leave anything in the boat? EVERS: I didn't see it. McALLISTER: Did you ever see him leave anything in the -- in Scott Peterson's pickup when you were back at the house? EVERS: I didn't see anything. McALLISTER: So you weren't with Detective Brocchini every second that he was there at 523 Covena; is that accurate? EVERS: I don't understand your -- what do you mean -- McALLISTER: Well, back when you were at 523 Covena, Scott Peterson's house, you weren't present with Brocchini every second he was there? EVERS: We weren't attached at the hips, no. McALLISTER: I was gonna offer that expression, but -- okay. When you were at the house at 523 Covena, was the -- was the bed made? EVERS: I believe it was. McALLISTER: Pardon me. When you were at the warehouse, Officer Evers, do you remember Detective Brocchini and Scott Peterson looking at a particular fax, I mean, you know, a paper copy of a fax message? EVERS: Yes. McALLISTER: What did you see them doing? EVERS: He was holding a piece of paper. McALLISTER: "He" being? EVERS: Brocchini. McALLISTER: Okay. And the two of them were looking at it? EVERS: Yes. McALLISTER: Okay. By candlelight? EVERS: Flashlight, yes. McALLISTER: Flashlight. Was there -- did you take a look at the fax yourself? EVERS: No. McALLISTER: Was there some explanation or were they talking about what time the fax would have been received? EVERS: Yes. McALLISTER: East Coast time versus West Coast time? EVERS: Yes. McALLISTER: Do you remember that there was some conversation with Scott back and forth about that? EVERS: Yes. McALLISTER: That was -- and your understanding was that was of a fax received that day, that being the 24th of December? EVERS: Yes. McALLISTER: No other questions. (Recess: 10:30 a.m.) (Resume: 10:47 a.m.) McALLISTER: Couple more questions, Your Honor McALLISTER: Officer Evers, were there some times when Scott Peterson also went into the house to get some photographs for searchers to carry with them? EVERS: I don't know. McALLISTER: You don't remember that? EVERS: No. McALLISTER: No other questions.
Re-direct Examination by Rick Distaso DISTASO: Detective Evers, did the defendant agree to stay out of his house with you in the front while you're waiting for the detectives to arrive? EVERS: Yes. DISTASO: And when you would -- when the phone rang and you went back inside with him, did he agree to that as well? EVERS: Yes. DISTASO: Did he ever at any time withdraw that consent or say -- or say -- tell you, "No, I want to do it a different way," or, "I want to do something different"? McALLISTER: Objection. Compound question. JUDGE: Sustained. DISTASO: Did he ever tell you at any time during the evening that he wanted to go into his house by himself? EVERS: No. DISTASO: Did he ever at any time in the evening tell you, "I want all of you police officers to leave"? EVERS: No. DISTASO: When you went to the warehouse with the defendant, did he agree to go -- did he agree to take you to the warehouse? EVERS: Yes. DISTASO: And who opened the door? EVERS: He did. DISTASO: How did he do that? EVERS: With his key. DISTASO: Okay. Did -- at any time did anybody force him to do that? EVERS: No. DISTASO: Did anybody -- at any time did he tell you, "I don't want you to go into the warehouse," or, "Come out of the warehouse"? EVERS: No. DISTASO: When you were in the house with the defendant and you were coming back up the hallway you testified to, and there was a conversation between Officer Spurlock and the defendant; correct? EVERS: Yes. DISTASO: And you heard -- you actually heard Officer Spurlock say what to him? EVERS: What was he fishing for today. DISTASO: Okay. And did you hear -- did you actually hear the defendant's response? EVERS: Not the actual words, no. DISTASO: Okay. Shortly after that conversation, somewhere in the house, did Officer Spurlock whisper something to you? EVERS: Yes. DISTASO: And what was that? McALLISTER: Objection. Hearsay. DISTASO: It's Prop. 115, Your Honor. JUDGE: Overruled. EVERS: He said that Scott didn't know what he was fishing for. DISTASO: And did you pass that information on to Detective Brocchini? EVERS: Yes. DISTASO: All right. There's a photograph there in front of you, People's 62. Can you hold that up just so Mr. McAllister can see which one we're talking about? EVERS: (Witness complied.) DISTASO: Okay. What -- was that rug present when you first entered the house? McALLISTER: Objection. Beyond the scope of cross. JUDGE: I'll allow it. Overruled. DISTASO: Was that rug present in the house when you first arrived there? EVERS: Yes. DISTASO: And can you show on the diagram where that rug's located in the house? Just write "rug" wherever it is. JUDGE: Number 79. DISTASO: On People's 79. EVERS: In the family room, it was right in front of this exterior door leading out to the backyard. DISTASO: And was the rug, when you first saw it, in the same condition it is in that photograph? EVERS: No. DISTASO: Okay. Can you tell the Court what -- describe for the Court how it was. EVERS: It was lengthwise against the doorjamb and scrunched up to the doorjamb. DISTASO: Okay. So it was like scrunched up against the doorjamb? McALLISTER: Objection. Leading question. JUDGE: Sustained. DISTASO: Well, I'm just trying to get him to clarify. DISTASO: Go ahead and -- is that the best description you can give us? McALLISTER: Objection. Leading question. JUDGE: Overruled. DISTASO: "Is that the best description you can give us?" That's not a leading question. JUDGE: I overruled it. DISTASO: Okay. EVERS: Yes, it was directly in front of the door on the doorjamb, and it was scrunched against the doorjamb. DISTASO: Okay. Did you -- did either you or one of the other officers, in your presence, point that out to the defendant? EVERS: I did. DISTASO: And what was -- what did he say -- McALLISTER: Objection. Beyond the scope of cross. JUDGE: Overruled. DISTASO: What did he say in response to that? Or let me just ask you. What did you tell him to draw that to his attention? EVERS: I pointed out. It was the first time I noticed this rug scrunched up against the door, and I asked him, "Is that why -- or I asked him, "Is that always like that?" DISTASO: And what did he say? EVERS: He said -- he said, "Oh, no, the cat and the dog must have been playing in here." DISTASO: And did he do anything to the rug in your presence? EVERS: Yes, he did. DISTASO: What was that? EVERS: He took about one or two steps to the rug, carefully took his foot, and with his toe, he pulled it out from the door. DISTASO: And when he pulled it out from the door, did it look like it does in People's 62? EVERS: Yes. DISTASO: Nothing further, Your Honor.
Re-cross Examination by Kirk McAllister JUDGE: Mr. McAllister. McALLISTER: Just a second. JUDGE: I have one question. Detective Evers, you indicated that, when you first received the call, it was to go to a particular address, and then you ended up at the park. I didn't understand how you ended up at the park when you were dispatched to an address. EVERS: There was further information that the family and Scott Peterson was down at the park, so I changed my direction of travel and went directly to the park. JUDGE: You got that over the radio? EVERS: Yes. McALLISTER: Officer Evers, this business that you've just told us about, about this rug, is that reflected at all in your police report? EVERS: No. McALLISTER: No? EVERS: No. McALLISTER: Now, that's something that happened on December 24th, that you now remember, though, that's not in the police report; is that correct? EVERS: That I now remember? McALLISTER: Yeah. EVERS: I've known about it since Christmas Eve. McALLISTER: And you -- in making the police report, you attempt to put in the important things that you notice or do or hear during the time that you're doing your investigation; right? EVERS: Yes. McALLISTER: This business about the rug, now, on 79, what door are we talking about? EVERS: The exterior door on the north side leading into the backyard. McALLISTER: Which would be -- could you point that out to me, because that's not -- EVERS: Here. (Indicating.) JUDGE: Let me see. EVERS: (Indicating.) McALLISTER: McALLISTER: Okay. So that would be off of that family room or in the family room? EVERS: In the family room. McALLISTER: In the family room, and adjacent to a door that would go out to the north side of the house? EVERS: Yes. McALLISTER: And have you -- have you talked about your testimony with anyone other than the district attorneys who are involved in this case? EVERS: No. McALLISTER: Have you talked with Detective Brocchini? EVERS: No. McALLISTER: Have you talked with Detective Grogan about your testimony? EVERS: Not on specific facts. McALLISTER: What have you discussed with him about the testimony? EVERS: He said I was doing a good job. McALLISTER: You were talking about your -- the quality of your testimony then? EVERS: Yes. McALLISTER: And that's from him sitting in and listening to it? EVERS: Yes. McALLISTER: Did he give you any pointers on what you ought to include or that you might have forgotten? EVERS: No. McALLISTER: When did you talk to Grogan? EVERS: Well, in court today -- McALLISTER: Is that -- EVERS: -- at break. McALLISTER: Is that when you had this conversation? EVERS: Yes. McALLISTER: Have you talked with him at any other time about the subject of your testimony? EVERS: When I first testified on Friday, I don't think we went to the specifics of what I testified about. McALLISTER: Okay. Well, what did you talk about Friday with Grogan? EVERS: That I was doing fine. He just saying -- I was doing fine. McALLISTER: When did the subject of this rug -- kind of a throw rug? EVERS: Yes. McALLISTER: Okay. When did the subject of the throw rug ever first get discussed with you by anyone? EVERS: I brought it to the attention of -- let's see --Detective Buehler the next day and then again with Detective Grogan maybe a couple weeks later. McALLISTER: Now, you -- by that time you'd already prepared your report, though? EVERS: Yes. McALLISTER: And this was something that was not significant enough for you to include in your police report; correct? EVERS: I admit that it is omitted in the report, because I was in a hurry when I prepared that, so it wasn't put in there. McALLISTER: And you never did a supplemental report? Once you realized, as you're telling us now, it had been omitted, you never did a supplemental report, did you, to include that? EVERS: Well, I didn't know how to handle it. I brought it to the attention of the investigating detectives and let them know. I didn't know if going back after the fact and writing a supplemental report, you know, if I should do that or not do that, so I brought it to the attention of the detectives. McALLISTER: But, as we look at your report, there's no mention at all about this rug in that report? DISTASO: Objection. Asked and answered. McALLISTER: Is that correct? JUDGE: Sustained. McALLISTER: McALLISTER: And were there other things which later came to mind which you didn't include in the report? EVERS: Not that I can remember. McALLISTER: In that report, you said that, "We discovered that there was no evidence of forced entry into the residence and nothing out of the ordinary to indicate a struggle or disturbance had occurred." Remember that sentence on your part? EVERS: Yes. McALLISTER: Now, you said that Scott Peterson just with the toe or heel of his shoe just pulled the rug back into the proper location? EVERS: It was the toe of his shoe. McALLISTER: And then did it just come right back to a position where it was parallel with the door frame or however it was? EVERS: Yeah, he was trying to straighten it out. McALLISTER: Was there something hidden underneath the part that was, as you said, scrunched up? EVERS: I didn't lift up the rug and search it, no. McALLISTER: It wasn't covering up some incriminating piece of evidence, was it? EVERS: I don't know. I didn't pick up the rug. McALLISTER: Well, was there a big lump under it like some weapon or something? EVERS: No, I didn't see any. McALLISTER: It was just a flat rug; right? EVERS: Yes. McALLISTER: Did you see any cats around the property? EVERS: No. McALLISTER: Well, when Scott Peterson said the dog or cats must have been playing, did you question him about that? What cats? EVERS: N (Whereupon defense counsel conferred off the record.) McALLISTER: Do you recall the outside of that, what is on the exterior of that same wall? EVERS: I'm sorry? Just outside the -- I'm sorry. What was the question? What are you referring to? McALLISTER: Yeah, you were telling us about the inside, the family room by that door. Do you remember what's on the outside of that wall? EVERS: Outside the door, sir? McALLISTER: Yeah. EVERS: It's a cement patio that's covered. McALLISTER: Okay. Does that door open all the way? EVERS: I don't know. McALLISTER: Do you remember trying to open it that evening? EVERS: No, I didn't. McALLISTER: Do you remember what is outside in the patio area near the door? EVERS: No, I don't remember. McALLISTER: Do you remember seeing any feeders, containers with cat food on the patio there? EVERS: No. I don't remember. McALLISTER: Does that mean there were none there? DISTASO: Objection. Calls for speculation. JUDGE: Overruled. EVERS: No. I just don't remember. McALLISTER: Oh. How long were you at the warehouse, Officer Evers, roughly? EVERS: Half-hour. McALLISTER: No other questions. JUDGE: Mr. Distaso? DISTASO: No further questions, Your Honor. JUDGE: You may step down. Any problem with starting tomorrow morning at 9:00 o'clock? DISTASO: No, Your Honor, I have no problem. But before we finish up, I'd like to move and ask the Court to admit all the exhibits that have been marked to date. That should include all the ones from Mr. Harris as well as all the ones from Detective Evers. JUDGE: I believe it's 44 through 82, plus there's L today. Any objection, Mr. McAllister? McALLISTER: No. JUDGE: Almost all photographs, diagrams. DISTASO: And I have no objection to L. JUDGE: Items 44 through 82 will be in evidence, and L will be also in evidence, so now I can state accurately that everything that's been marked is in evidence (Whereupon People's Exhibits 44 through 82, inclusive, and Defense Exhibit were received in evidence.) JUDGE: Before we break, though, the clerk has a total of nine envelopes as a result of SDT's. Either party want any of those opened at this time or save those? DISTASO: I don't. I would prefer we save them for another day. McALLISTER: That's fine. JUDGE: And my clerk indicated that someone was looking for an item that was subpoenaed but apparently not received. Was that an error or is that -- are there some items out there that you wanted to look for? P. HARRIS: Apparently there are a couple of items that have not been received that we have subpoenaed. JUDGE: Okay. If you give the names of the parties, the SDT target, let the clerk know and she'll search for it and let you know if we can find it tomorrow. Apparently we have everything except those two items. Everybody satisfied there? DISTASO: Uh-huh. JUDGE: And everybody know who the witnesses are? DISTASO: Be Detective Brocchini and then Detective Bennett, and I don't know how far we're going to get. So -- JUDGE: Anything else then? McALLISTER: No. JUDGE: All right. See you tomorrow morning at 9:00 AM. Defendant's remanded (Proceedings concluded at 11:10 a.m.) |