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Amber Frey
Witness for the People: Guilt Phase August 10, 11, 12, 16, 17, 23, & 24, 2004
Direct Examination by David Harris HARRIS: Miss Frey, I want to go back to around October, November of 2002. Did you know a person by the name of Shawn Sibley? FREY: Yes. HARRIS: Who is Shawn Sibley? FREY: Shawn Sibley was a best friend of mine. HARRIS: And at some point in time during that time period, did Miss Sibley talk to you about somebody, about going out on a date? FREY: Yes. HARRIS: And did she mention that person's name? FREY: Yes. HARRIS: What was that person's name? FREY: Scott Peterson. HARRIS: Did you meet Scott Peterson? FREY: At what point? JUDGE: Before Miss Sibley asked if you would like to go out and date him? FREY: No. HARRIS: And after you had this conversation with Miss Sibley, did you meet Scott Peterson? FREY: Eventually. HARRIS: And the person that you know as Scott Peterson, do you see that person here in the courtroom today? FREY: Yes. HARRIS: Could you point to that person and describe something he's wearing? FREY: Blue striped tie, gray suit. JUDGE: For the record, she's identified the defendant. Go ahead. HARRIS: Thank you. I want to go back to this conversation with Shawn Sibley. You said she was your best friend? FREY: Yes. HARRIS: During that time period, did you talk to her about what was going on in your life? FREY: Yes. HARRIS: When you say best friends, was that a close relationship? FREY: Yes. HARRIS: When she started talking to you about Scott Peterson, did she tell you anything about him? FREY: Yes. HARRIS: Without getting into the specific content of what she said to you, did it sound like somebody that you would be interested in going out with? FREY: Yes. HARRIS: Were arrangements made for you to go out with Scott Peterson? FREY: Yes. HARRIS: Can you tell us about that, how that happened? FREY: He first phoned me and left a message with his name and a phone number to reach him, and that he wanted to meet me. JUDGE: I'm not sure they can hear you, Miss FREY. I don't think they can hear. You can pull your chair up. We're going to turn up the volume. Just try to keep your voice up. Go ahead. HARRIS: Can you tell us how the date was originally set up? FREY: Well, he called me and left a message. I had called back. And Shawn and Scott had talked, talked before. Him and I spoke about possibly meeting an evening during the middle of the week when he was coming through town. HARRIS: Now, from what you were hearing from Shawn Sibley, was it obvious that she had been talking with the defendant about setting up this date? FREY: Yes. HARRIS: And she was telling you some of the things that was happening? Was she passing on to you some of the things that he was saying to her? FREY: Yes. HARRIS: When you got this call, did you call him back? FREY: Yes. HARRIS: And did you agree to meet? FREY: Yes. HARRIS: Where did you agree to meet him at? FREY: Place called the Elephant Bar in Fresno. HARRIS: When you, just back up a second. When you decided to go out with him, what was your understanding about whether he was married or not? FREY: That he was not. HARRIS: That's something you had discussed with Shawn Sibley? FREY: Yes. HARRIS: So you agreed to have the phone call, you agreed to meet him. Tell us about the conversation when you start setting up this date. JUDGE: Conversation with the defendant? HARRIS: Yes. FREY: When I spoke to him personally? HARRIS: Yes. FREY: We were going to meet later that evening if it worked, and it did. He had spoke with Shawn. She said she was available to watch my daughter. And we spoke about meeting in the evening. And about, I'm sorry, I'm getting a little – HARRIS: Go with you there just step-by-step. You mentioned you had a daughter. What's your daughter's name? FREY: Ayiana. HARRIS: And did you have to arrange, to go out with the defendant, did you have to arrange for somebody to watch her? FREY: Yes. HARRIS: Who was that? FREY: Shawn Sibley. HARRIS: And this is the person that was kind of the go-between between you and the defendant? FREY: Yes. HARRIS: You had to check with Shawn first to make sure she could watch Ayiana before you could go out? FREY: Yes. HARRIS: And then did you get in touch with the defendant and talk to him on the phone? FREY: Yes. HARRIS: When you decided to meet, you were saying that you were going to meet at the Elephant Bar? FREY: Yes. HARRIS: How did you come to agree at that particular location? Is that something you talked about on the phone? FREY: Yes. HARRIS: And when you talked about that on the phone with the defendant, what, tell us about that conversation. FREY: We chose that place to meet, just as a general meeting place, and talked briefly about one another, as far as what we looked like. And jokingly he described himself in a joking manner, and as well as I did with him. HARRIS: When you say described in a joking manner, what was the defendant saying? FREY: He was saying he was not very tall, overweight, belly, long greasy hair, kind of jokingly telling me about himself like that, or describing himself. HARRIS: Was, could you tell that he was being humorous? FREY: Yes. HARRIS: Did you guys have a laugh about that? FREY: Yes. HARRIS: So you agreed to meet at the Elephant Bar? FREY: Yes. HARRIS: And did you describe yourself to him as well, so that the two of you could figure out who each other were? FREY: Yes. I described myself somewhat the same manner, jokingly. Overweight, extremely tall. And, of course, Shawn had already described myself and himself. And so then after the joking manner, he said he's about average looking, six foot. But he would have no problem asking every tall, blonde woman that would walk by if her name was Amber, that he would spot me. HARRIS: Did you go to the Elephant Bar? FREY: Yes. HARRIS: And did you wait for the defendant? FREY: Yes. HARRIS: Did the defendant show up? FREY: Yes. HARRIS: Tell us what happened when he showed up. FREY: He approached the door. I was sitting in the waiting area that is glass, and it had a little bench on the side, and I was sitting. And when he approached the door and opened it, he had a grin on his face. He was in a suit. And he opened the door. HARRIS: Did he come inside? FREY: Yes. HARRIS: Did he ever come up and talk to you? FREY: Yes. HARRIS: What happened when he came up and talked to you? FREY: He said, "Amber," and I said, "Scott." And gave a slight little greeting to one another. And we walked back out to the walk. HARRIS: Why did you guys walk back out to the walk? FREY: It was just a meeting place that we had discussed to meet. JUDGE: Miss Frey, can I ask you, do you remember the date that this meeting took place? FREY: Yes. JUDGE: What is the date? FREY: It was November 20th. JUDGE: 2002? HARRIS: 2002. JUDGE: Go ahead. HARRIS: So when you meet the defendant at the Elephant Bar, had you already discussed going someplace else that night? FREY: Yes. HARRIS: And where was it that you were planning to go after you had met at the Elephant Bar? FREY: Edo-Ya. HARRIS: Is that FREY: Japanese. HARRIS: It's a Japanese restaurant? FREY: Yes. HARRIS: So when he comes in, you have the exchange, the greeting, you start to walk back outside. Does the defendant talk to you about anything before going to the restaurant? FREY: Yes. HARRIS: What does he talk to you about? FREY: He had mentioned that he was nervous about meeting me. That he felt a lot better. And we discussed going in the same vehicle. So we were going towards his vehicle. But that he had worked all day, that he hadn't checked into the hotel room yet, and if I minded if I go with him so he could go check in and change. HARRIS: And did you go with him in his vehicle? FREY: Yes. HARRIS: And where did you go to? FREY: We went to the Radisson in Fresno. HARRIS: That's a hotel there? FREY: Yes. HARRIS: Did the defendant check into the hotel at that time? FREY: Yes. HARRIS: And did he go up to his room? FREY: Yes. HARRIS: Did you accompany him? FREY: Yes. HARRIS: When you go up to his room, do you continue to talk? FREY: Yes. HARRIS: What do you talk about? FREY: Different things. I don't know, specifically. Everything. HARRIS: Did you talk about each other? FREY: Yes. HARRIS: You told us that you had some information from Shawn Sibley, that she had described you, and described him? FREY: Un-hun. HARRIS: Did you have some idea about this particular person before you met him, based on what Shawn was telling you? FREY: Yes. HARRIS: And from what you were seeing in person, and talking to the defendant, did Shawn seem to be pretty accurate in her description? FREY: Yes. HARRIS: How was the defendant behaving at that point in time? FREY: Cheerful, happy. HARRIS: Did he make you feel comfortable? FREY: Yes. HARRIS: So you were up in his room. Does he change for dinner? FREY: Yes. He first, he first showered before changing. HARRIS: And at some point in time does he show you something, or kind of pull something out of a bag with – FREY: Yes. HARRIS: What was that? FREY: A bottle of champagne. HARRIS: And did you see where it came from? FREY: His bag. HARRIS: Do you remember what type of bag this was? FREY: I believe it was a brown leather duffle bag. HARRIS: It's not like a grocery bag? FREY: No. HARRIS: Was more of a piece of luggage? FREY: Yes. HARRIS: So he pulls this bottle of champagne out. Does he say anything? FREY: Yes. HARRIS: What does he say? FREY: I don't remember specifically. Well, then he proceeded to pour the champagne into the glasses that were in the hotel room. HARRIS: So he pours a drink for you? FREY: Yes. HARRIS: Does he pour a drink for himself? FREY: Yes. HARRIS: And was he behaving as a gentleman at this point in time? FREY: Yes. HARRIS: Does he finish getting dressed? FREY: Yes. HARRIS: And do you leave his room? FREY: Not yet. HARRIS: What happens in the room? FREY: He also pulled out a little box of strawberries for the champagne. HARRIS: What happens with the strawberries? FREY: He puts one in each of our glasses. I believe I remember eating one. They were a little bit sour. HARRIS: So after the champagne, after the strawberries, do you guys go to dinner? FREY: Yes. HARRIS: You go to that restaurant that you planned on? FREY: Yes. HARRIS: Tell us about what happens when you get to the restaurant? FREY We sat down at the Teppan Yaki area. GERAGOS: I'm sorry, I missed the last part. JUDGE: Miss Frey, we can hardly hear you, and I'm only about three feet away. Can you just sit a little closer, please? HARRIS: That's as far as the chair goes. FREY: I think it's like JUDGE: Can you pull the microphone toward you? Speak right into the microphone. It's hard to hear. FREY: Sorry. JUDGE: You went to this Japanese restaurant for dinner, right? FREY: Yes. JUDGE: Next question HARRIS: Tell us about what happened at the restaurant. FREY: We sat down here at the Teppan Yaki seating area, and he excused himself. He said he would be right back. HARRIS: Had you ever been to that restaurant before? FREY: Yes. HARRIS: And the area that you were having dinner with the defendant, had you ever been in that area before? FREY: Yes. HARRIS: So you go in and just kind of sit down at a table, or some other, some other kind of restaurant? FREY: When he returned, he told me to come with him, and he had got a private room for us to have dinner. HARRIS: Let me ask you about that. So you come in, and he leaves you? FREY: Yes. HARRIS: He comes back and says follow him? FREY: Yes. HARRIS: Where does he take you? FREY: Into a private room just not too far from where the the Teppan Yaki is. HARRIS: Had you ever been in one of those private rooms before? FREY: No. HARRIS: Describe that for us, what is this private room like? FREY: There is sliding little steps that go up into this area. The table is low. You sit on the floor, basically. And under the table is hollow. And when you step up, you take your shoes off and enter. And there is sliding doors that make it private. HARRIS: Were the doors closed? FREY: Yes. HARRIS: So you are in this private room now. Do you continue to talk to the defendant during the time that you are having dinner? FREY: Yes. HARRIS: What did you talk about? FREY: Many things. HARRIS: Do you remember what they were? FREY: Yes. HARRIS: Did he ask you at any point in time in a phone, in phone calls, or during the time were you at dinner about you being intelligent? GERAGOS: Objection. Vague as to time. JUDGE: He said during the dinner, I believe. At any time during the dinner, did he make any comments about you being intelligent, do you recall? FREY: Not at that time. JUDGE: Not at that time. Next question. HARRIS: Had he previously asked you about being intelligent? FREY: Yes. HARRIS: When was that? FREY: On our first conversation on the phone. HARRIS: What did he say? FREY: He had asked a question. He asked if I was intelligent and/or if I thought that I was intelligent, and – HARRIS: So you are, moving back to the dinner. FREY: Yes. HARRIS: You are there in this private room. Do you start having other conversations about yourself? FREY: Yes. HARRIS: What did you discuss? FREY: Are you asking a broad topic? It was a broad topic of many things. HARRIS: What type of topics did you talk about? FREY: I talked about myself, what I did for a living. Different interests. Talked about himself, his business and travels, his family, holidays. HARRIS: Let's go through that then. Kind of established what the broad categories are, and go back. FREY: Okay. HARRIS: You say you were talking about, what do you? Did you tell him what you did for a living? FREY: Yes. HARRIS: And what was that? FREY: Massage therapist. HARRIS: Did you, at that point in time was something going on about your business? FREY: I was making, getting ready to be making a move on my own from where I was currently working. HARRIS: Did you talk to him about that? FREY: I believe so. HARRIS: You said he talked about his business. FREY: Yes. HARRIS: What did he tell you his business was? FREY: That he worked for a company called TradeCorp. Fertilizer sales. HARRIS: And as part of that, did he tell you where his business was? FREY: He said that he had a warehouse in Modesto. HARRIS: Did he tell you if he lived in Modesto? FREY: No. HARRIS: I'm sorry, did he tell you – FREY: No, he told, no, he did not live in Modesto. HARRIS: Where did the defendant tell you that he lived? FREY: Sacramento. HARRIS: So he told you that he lived in Sacramento and had a warehouse in Modesto? FREY: Yes. HARRIS: Did he tell you if he had any other property or 2 residences? FREY: Yes. HARRIS: What did he say? FREY: That he had a condo in San Diego. HARRIS: You said that you, some of the other topics were like the holidays? FREY: Yes. HARRIS: So the holidays came up on November 20th? FREY: Yes. HARRIS: What did the defendant tell you about the holidays? FREY: That on Thanksgiving he was going to be taking a trip to Alaska. HARRIS: Did he say with who? FREY: Yes. HARRIS: What did he say? FREY: With his father, his brother, and uncle. HARRIS: Did he tell you what they would be doing? FREY: Fishing. HARRIS: Fishing in Alaska? FREY: Yes. HARRIS: Did any other holidays come up at that point in time? FREY: Yes. HARRIS: Would that be the Christmas holidays? FREY: Yes. HARRIS: What did the defendant say about that? FREY: He would be joining his mother and father in Kennebunkport, Maine. HARRIS: Anything else? FREY: Yes. HARRIS: What did he say? FREY: About Christmas, or HARRIS: Yes. It was, that was it about Christmas? FREY: As far as Christmas, yes. HARRIS: Okay. So you are sitting there at dinner. You are talking with him. You are sharing all of these things across these broad topics. Did you still feel comfortable with him? FREY: Yes. HARRIS: Could you describe for us what was going on that made you feel so comfortable with him? GERAGOS: Be an objection. It's irrelevant JUDGE: Overruled. What was it about him that made you feel comfortable with him? FREY: He was easygoing. He was easy to talk to me. He made me feel comfortable. Things that my friend Shawn had talked about him, and her feelings towards him and be comfortable with him. HARRIS: You say the things that Shawn had talked to you about? FREY: Un-hun. HARRIS: Were the things that she had told you about him kind of factoring into your comfort level at that time? FREY: Yes. HARRIS: One of them was he told you he was not married? FREY: Yes. GERAGOS: Objection. Hearsay. JUDGE: Overruled. HARRIS: Did you happen to notice if the defendant was wearing a wedding ring at that time? FREY: No. HARRIS: Did he, so you did notice, or he didn't have a ring on? FREY: He did not have a ring. And I did not notice that he ever had a ring HARRIS: As you continue through dinner, do you keep having conversations about many different things? FREY: Yes. HARRIS: Did, at any time did the defendant ever mention to you that he was married, or if he lived in Modesto, had a child on the way? JUDGE: That's really three questions. HARRIS: Did he ever tell you if he was married? FREY: No. HARRIS: Did he ever tell you if he lived in Modesto? FREY: No. HARRIS: Did he tell you that he had a child on the way? FREY: No. HARRIS: How long would you say that you were at the restaurant having these conversations getting to know eachother? FREY: A couple of three hours HARRIS: Did something happen at some point that caused you to leave the restaurant? FREY: Yes. They were closing. HARRIS: When you say they were closing, what happened that you noticed? FREY: The lights outside from the doors were all shut down, and they asked that we leave, and they were closing. HARRIS: Did you leave at that time? FREY: Yes. HARRIS: Where did you go? FREY: Next door. HARRIS: And what was next door to the Japanese restaurant? FREY: A place called Bebe's. HARRIS: And what is Bebe's? FREY: It's a karaoke lounge. HARRIS: Did you go in there? FREY: Yes. HARRIS: What happens at Bebe's? FREY: He had ordered two drinks, and we sat down and continued talking. HARRIS: How long do you think that you were at Bebe's? FREY: Close to closing as well. HARRIS: So you went there, and you are there until almost closing time at that location? FREY: Yes. HARRIS: You say he ordered a couple of drinks. Were they for him, or one for him the one for you? Tell us about that. FREY: One for him, one for me. HARRIS: Karaoke bar. Was karaoke going on? FREY: Yes. HARRIS: And did the defendant talk to you about karaoke? FREY: Yes. HARRIS: What did he talk to you about karaoke? FREY: He wanted to sing a song, or wanted me to get up there and sing a song. HARRIS: And did you want to? FREY: Not really, no. HARRIS: Did you? FREY: Yes. HARRIS: Had you ever sung karaoke before? FREY: No. HARRIS: How was it that the defendant got you to sing karaoke? FREY: It was something we had, while we sat there, talked about. Looked over different songs. He had mentioned he caught, or heard me singing in the hotel room, and that I had a great voice, that I should go up and sing. And how, I'm sorry, repeat your question. HARRIS: How is it the defendant got you to go up and sing karaoke? GERAGOS: Objection. Relevance. JUDGE: Yeah, what's the relevance? Sustained. HARRIS: Did the defendant go up and sing karaoke with you? FREY: Yes. HARRIS: Were you having a good time with the defendant? FREY: Yes. HARRIS: Were you still feeling comfortable with him? FREY: Yes. HARRIS: Did he seem to be charming? FREY: Yes. HARRIS: Is that some of the reasons why you went up there and sang with him? FREY: Most likely, yes. HARRIS: So you stay there until about closing time. And do you leave Bebe's at that time period of, what time period it was? FREY: Do we leave from there? HARRIS: Yes. FREY: Yes. HARRIS: Where do you go then? FREY: To a store. HARRIS: Do you remember what store it was? FREY: Yes. HARRIS: What store? FREY: It was Food Maxx. HARRIS: And did you buy anything at Food Maxx? FREY: Scott had went into the store and purchased, actually, I believe I accompanied him, yes. HARRIS: Was something purchased? FREY: Yes. HARRIS: Do you remember what it was? FREY: Yes. HARRIS: Do you leave Food Maxx? FREY: Yes. HARRIS: Where do you go? FREY: Back to the hotel room. HARRIS: That was the hotel that he checked in earlier? FREY: Yes. HARRIS: Before you go back to the hotel room, besides karaoke, did something happen at Bebe's? FREY: Yes. HARRIS: What was that? FREY: We danced. HARRIS: And slow dance, fast dance? FREY: Slow dance. HARRIS: During the time that you were at Bebe's, does something happen between you and the defendant? FREY: Yes. HARRIS: What is that? FREY: We kissed. HARRIS: After you kissed, do you leave? FREY: No. HARRIS: So you stay there for a while? FREY: Yes. HARRIS: Was it just the one kiss? FREY: Yes. HARRIS: After Food Maxx, do you agree to accompany him back to the hotel? FREY: Yes. HARRIS: When you go back to the hotel, what happens? FREY: More conversation. HARRIS: When you, what do you talk about at that point in time? FREY: I don't remember. HARRIS: After you get back to the hotel, do you eventually become intimate with the defendant? FREY: Yes. HARRIS: Does the defendant invite you to stay the night? FREY: I don't think it was verbally discussed. HARRIS: Do you end up staying the night with him? FREY: Yes HARRIS: The next morning, at some point in time do you leave? FREY: Yes. HARRIS: And how do you get back to your vehicle? FREY: Scott took me back to my vehicle. HARRIS: Going way back in the conversation. Back towards the beginning of the day when you are talking about these general plans, you had told us about all this information that Shawn passed on to you. As the night progressed, did you believe, or did you feel that you were getting to know Scott Peterson? FREY: Yes. HARRIS: Did you feel comfortable with him? FREY: Yes. HARRIS: When you were talking about this information that you were getting from Shawn Sibley, had Shawn passed on information to you that the defendant was looking for a serious relationship? FREY: Yes. HARRIS: Were you? FREY: Yes. HARRIS: Shawn ends up watching Ayiana? FREY: Yes. HARRIS: Do you, do you feel comfortable letting Shawn watch Ayiana that night? FREY: Yes. HARRIS: So as the, going back through again the kind of broad discussions, did you talk about birthdays at dinner? FREY: Yes. HARRIS: How did that come up? FREY: My daughter was 21 months that day, being the 20th. So we discussed how close her birthday and mine were. HARRIS: When you say the 20th, let's just go JUDGE: Mr. Harris, your voice is trailing off too, so we're having a hard time hearing you now. HARRIS: When is your birthday? FREY: February 10th. HARRIS: When is Ayiana's birthday? FREY: February 20th. HARRIS: You discussed that with the defendant? FREY: Yes. HARRIS: When you were at the karaoke at Bebe's, when you were dancing with the defendant, did you also talk about things? FREY: Just that we were having a good time dancing. HARRIS: Did the defendant say how he felt dancing with you? FREY: That it was fun. And specifically anything, I don't remember. HARRIS: I don't want to go into specific details. When you were intimate with the defendant, did you use protection at that point in time? FREY: Yes. HARRIS: The next day he takes you back to his car? FREY: Yes. HARRIS: Or back to your car. That was at the Elephant Bar still? FREY: Yes. HARRIS: How would you say that the date ended? Did he want to see you again? Did he talk to you about that? FREY: Yes. HARRIS: What did he say? FREY: He made a comment about having to leave the next week after meeting me, and kind of the awkwardness that, we both discussed a little bit, awkwardness of that evening, or the ending of the evening with one another. HARRIS: What was discussed, when you say awkwardness? FREY: That we ended up being intimate with each other. I had made a comment about that. And he reassured me it being appropriate, or somewhat, the evening's events. HARRIS: Then you were saying that he made some comment about how he was going to have to leave the next week? FREY: Right. For Thanksgiving with his family. HARRIS: And the relationship at that particular comment about how he was leaving next week, what was he talking about? What was he saying? GERAGOS: Objection. Calls for speculation. JUDGE: As to what he said? I don't think so. Overruled. HARRIS: What did he tell you? FREY: Can you repeat again? I'm sorry. JUDGE: I can't hear you, Miss Frey. FREY: Can you repeat the question? HARRIS: When you, he's talking about having to leave the next week. What was the context of that, that was coming up? FREY: That he would keep, or that he would keep in contact with me. That he wasn't great on the phone. He would make an effort to try and to talk with me. HARRIS: Previously you had said that you had exchanged numbers at some point in time. Did he have your number? FREY: Yes. HARRIS: During this time period that we're talking about, so this is November of 2002. Did you have a phone in your home? FREY: No. HARRIS: How did you communicate? FREY: Cell phone. HARRIS: Was the cell phone the only phone that you had? FREY: Yes. HARRIS: Did you have a computer at home? FREY: No. HARRIS: So no internet access at home? FREY: No. HARRIS: He had your cell phone number. What number did he give you? FREY: His cell number. HARRIS: Did he give you a house phone? FREY: No. HARRIS: Did he make any comments about calling you, or you calling him on his cell phone? FREY: I'm not, I don't understand your question. HARRIS: Did he want you to call on that particular cell phone at that time? FREY: That was the number he gave to me, or that I had got on my phone number, as well my phone, as well from him calling. HARRIS: Now, you end up, you are back at your car. Do you agree to see each other again? FREY: Yes. HARRIS: And what was set up at that point in time? FREY: More so it would be set up in conversation the following week. HARRIS: Does he call you back? FREY: Yes. HARRIS: And tell us about that conversation. FREY: He had called me on his way in between his travels. I don't remember the location. It was the call – HARRIS: This is when he was calling you to tell you he was going to Alaska to go fishing? FREY: Yes. HARRIS: He said he was traveling, he gives you a short call? FREY: Yes. HARRIS: Does he set something up with you at that point in time. FREY: I don't believe it was at that point. HARRIS: Does he call you back again? FREY: He called me later back on the 21st as well, though. And then I don't recall the timeframe, the second call. And then I believe it was the weekend, he had called prior to the following week when he was returning, as far as what we were going to be doing. JUDGE: Can I interrupt? This date, this first date was November the 20th? FREY: Yes, it was. JUDGE: Okay. Then you said he called you back on the 21st, was that? FREY: Later November still. It was the next day. JUDGE: Still November the next day? FREY:: Yes. JUDGE: Just want to make sure. Go ahead. HARRIS: Going to go back through that. There was a number of things in your last answer. So the date, that's on the 20th, finishes on the 21st. Does he call you back later that day some time? FREY: Yes. HARRIS: What did he call about? FREY: Wanting to stop back by on his way through before he left to see me one before he left again. HARRIS: That was before his planned trip to Alaska? FREY: Yes. HARRIS: Was he able to stop by and see you on the 21st? FREY: No. HARRIS: So after he calls on the 21st, and he's not able to stop by and see you, does he call you again? FREY: That same today, or in general? HARRIS: In general. FREY: Yes. HARRIS: Do you hear from him on Thanksgiving? FREY: I don't remember. HARRIS: During that time period, did he seem to be out of touch with you around Thanksgiving? FREY: I don't remember. HARRIS: And after the time period that he was supposed to be fishing in Alaska until after Thanksgiving, do you hear from him again? FREY: Yes. HARRIS: Does he call you? FREY: Yes. HARRIS: What does he say when he calls you? FREY: That he had been looking through a California hiking, tour guide booklet of some sort. And I believe that was on a message as far as for me to think of somewhere to go, if I had someplace in mind. HARRIS: Let me back up, just follow up on this. You said on the message. Were there times throughout times that you had communications with the defendant where he would call and leave messages for you? FREY: Yes. HARRIS: You said you, the only communications you had was your cell phone? FREY: Yes. HARRIS: With your particular cell phone back then, if you were on the phone, would the call go directly to your voicemail? FREY: Yes. HARRIS: And if you had your phone turned off and didn't answer it, would the call go through to your voicemail? FREY: Yes. HARRIS: The process where you retrieved this, enter some numbers, then could you listen to it like you were actually taking a call? FREY: Yes. HARRIS: You said he called and left a message. Did the message, was this about hiking, or this guide he was looking at? FREY: Yes. HARRIS: After he leaves a message, do you then talk to him? FREY: Yes. HARRIS: So not another message, but an actual conversation? FREY: Yes. HARRIS: Do you remember, do you call him, or he calls you? FREY: No. HARRIS: Just, okay, you have a conversation? FREY: Yes. HARRIS: What do you set up during that conversation? FREY: A place where we were going to be going. HARRIS: And where was it that you wanted to go? FREY: Squaw's Leap. HARRIS: That's some park of some kind? FREY: It's up in Auberry. It's up in the mountains. HARRIS: Did the defendant tell you why he wanted to go there? FREY: Yes. HARRIS: What did he say? FREY: It wasn't that particular, to go to that particular place. I chose the place. It was something we talked about in conversation about an interest that we both had. HARRIS: Let's go back through this. FREY: Un-hun. HARRIS: He's, when you are setting up this to go to this particular place, this was a hiking trip of some kind? FREY: Yes. HARRIS: And you said that you both had interest in hiking. When did that come up? FREY: On our first date. HARRIS: During those general topics that we were talking about? FREY: Yes. HARRIS: Your mutual interests came up? FREY: Yes. HARRIS: So you told him that you liked hiking? FREY: Yes. HARRIS: Did he respond to that? FREY: Yes. HARRIS: What did he say? FREY: That was something he enjoyed as well. HARRIS: So when you are setting up this second date, and he basically says something to the effect that he wants to go hiking with you? FREY: Yes. HARRIS: You pick the place to go? FREY: Yes. HARRIS: When did you set up to meet to go on this hiking date? FREY: Monday, December 2nd. HARRIS: Did you plan on taking somebody with you? FREY: Yes. HARRIS: Who is that? FREY: My daughter. HARRIS: How is it that you planned on, or why is it that you planned on taking your daughter with you on the second? FREY: He wanted to meet her. HARRIS: I'm sorry? FREY: He wanted to meet her, and – HARRIS: So the defendant, at some point in time during the conversation, said that he wanted to meet your daughter? FREY: Well, that she with would accompany us, yes. HARRIS: Was it his idea? FREY: I don't remember. HARRIS: Did you tell him about your daughter during the first date? FREY: Yes. HARRIS: And when he's setting up this second date on the second, the topic of your daughter came up again? FREY: Yes. HARRIS: And he indicated that he wanted to meet her? FREY: Yes. GERAGOS: Objection. Leading. And also misstates. JUDGE: Sustained. Been asked and answered too. HARRIS: Do you go on the date on the second? FREY: Yes. HARRIS: Tell us about that what happens. Let me back up. Does he come to your house? FREY: Yes. HARRIS: So he comes to your house. Describe for us when he comes to your house. FREY: I met him out on the driveway at his vehicle, gave each other a hug. He handed me a plant of, a bowl that had bloomed. And he had a bag of groceries to bring in. HARRIS: Let's go through this. He gives you a plant of some kind? FREY: Yes. HARRIS: Do you know what kind of plant this was? FREY: Amaryllis. HARRIS: And if you could tell, where this was from? FREY: Trader Joe's. HARRIS: Did it have some kind of receipt on the, or sticker? FREY: A sticker. HARRIS: You said he had a bag of groceries? FREY: Yes. HARRIS: What were the groceries for? FREY: Dinner. HARRIS: Explain that for us. How did that come about? FREY: He went shopping and bought things for dinner that evening. HARRIS: Had you asked him to do this? FREY: No. HARRIS: He just showed up with items to prepare dinner? FREY: Yes. HARRIS: Does he come inside at that point? FREY: Yes. HARRIS: And what happens when he comes inside? FREY: We put the groceries away, or I put the groceries away. He asked where the little one was. HARRIS: Little one, he's referring to your daughter? FREY: Yes. HARRIS: Do you introduce them at that time? FREY: No. She was not there. HARRIS: Do you put the groceries away? FREY: Yes. HARRIS: What's the next thing that happens? FREY: We visited for a little while before we were going to leave. HARRIS: Now, you say you visited. You are talking for a while? FREY: Yes. HARRIS: What were you talking about? FREY: I don't remember specifically. HARRIS: Small talk? Talk about each other? FREY: Yes. And history. And, again, I don't remember specifically. HARRIS: Did he tell you how the fishing in Alaska was? FREY: He may have. HARRIS: Not something that you recall specifically at this time? FREY: No. HARRIS: You said Ayiana was not there? FREY: No. HARRIS: Did you have to go someplace to get her? FREY: Yes. HARRIS: Where was she at? FREY: School. HARRIS: Did you go by yourself? FREY: No. HARRIS: Who went with you? FREY: Scott. HARRIS: In your vehicle, his vehicle? FREY: His vehicle. HARRIS: Do you remember what type of vehicle that was? FREY: A truck. HARRIS: Say, like a pickup truck? FREY: It was a Ford Extended Cab. HARRIS: So you drive over to go pick up your daughter? FREY: Yes. HARRIS: Do you finally get to introduce him to your daughter? FREY: Yes. HARRIS: Wherever she was, at the school that she was at? FREY: Yes. HARRIS: What do three of you then do? FREY: We get into his car. I load her in her car seat. And began to drive. HARRIS: Back up for a second. When you say put her in her car seat – FREY: Yes. HARRIS: How did the car seat get into the defendant's truck? FREY: Scott and I put it, put the car seat in his truck together. HARRIS: And this was when you were leaving your house? FREY: Yes. HARRIS: You say the three of you were together, and you started to drive. Where did you go? FREY: Auberry to Squaw's Leap. HARRIS: Which you went to Squaw's Leap, what happens when you get there? FREY: He grabs his, the bag that he had brought and we start down the trail. HARRIS: The bag he brought. Is that the bag of groceries earlier? FREY: No. It was a different bag. HARRIS: So he had another bag? FREY: Yes. HARRIS: Could you tell what's in the bag at that point in time? FREY: It was for a picnic that we had talked about having. HARRIS: A picnic. When had you talked about having this picnic? FREY: On the phone. HARRIS: Prior to this, to the second? FREY: Yes. HARRIS: Do you remember what type of bag this was? FREY: It was a green Army kind of bag. HARRIS: Something you carry in your hands, something you put over your shoulder? FREY: Something you put over your shoulder. HARRIS: Like a shoulder bag, a backpack? FREY: Un-hun, yes. HARRIS: You start down the trail. Where do you go to? FREY: The trail leads to a bridge and a river. HARRIS: Do you find a particular spot? FREY: Yes. HARRIS: What happens when you get to that spot? What does the defendant do? FREY: He pulls out a blanket and a few food items. HARRIS: What kind of food items? FREY: There are baby carrots and almonds, some cookies. Beverage. HARRIS: What happens when, so he sets up this picnic. What happens? What do you guys do? FREY: He laid back, we talked. Ayiana, we were all munching a little bit, watching a helicopter that kept flying by overhead. HARRIS: Was that a nice afternoon? FREY: It was has chilly. HARRIS: When it started to get a little bit chilly, chillier, I should say, did you guys leave at that point? FREY: Yes. HARRIS: Where did you go? FREY: Back up the trail. HARRIS: Where you go back up the trail, did something happen? FREY: Ayiana didn't want to walk. She was tired. HARRIS: And did you have to pick her up? FREY: Yes. HARRIS: Did you start to carry her? FREY: Yes. HARRIS: What happens? FREY: I became a little winded, and so Scott had ended up carrying my daughter up the trail back to the vehicle. HARRIS: Was this a short distance, a long distance? FREY: Depends on what one considers long. It's uphill. It's maybe a half hour walk or so. I don't know exactly the distance. HARRIS: So he carries her for that approximate half hour distance up the hill? FREY: Yes. HARRIS: Then you get back to his truck? FREY: Yes. HARRIS: How is Ayiana at that point in time? FREY: I don't remember. HARRIS: Was she awake, asleep? FREY: I don't remember if she was awake or asleep at that time. HARRIS: Did Scott put her in the truck at that time? FREY: I don't remember. HARRIS: Do you guys ends up staying outside of the truck for a while? FREY: For a little while. HARRIS: What did you do? FREY: We sat on the back of his truck bed, and we're looking at stars, commenting – HARRIS: It was dark at this point in time? Sitting in the back of the pickup truck, and you are looking at the stars, did you have some kind of contest at that time? FREY: Who could find the first star. HARRIS: Who could find the first star? What happened? What were you doing? FREY: Seeing who could find the first star. HARRIS: Were you, so you are sitting in the back of the truck? FREY: Yes. HARRIS: Were you looking up at the stars together? FREY: Yes. HARRIS: Who found the first star? FREY: Scott. HARRIS: After this did you go someplace? FREY: Back to my house. HARRIS: When you back to your house, what happens then? FREY: More, just more conversation. HARRIS: During the time that we have been talking about, when you first start talking with the defendant on the phone, and he's joking about his appearance, through your first date, setting up the second date, at this point in time, going back to your house, were you becoming more and more comfortable with the defendant? FREY: Yes. HARRIS: Did he appear to be comfortable with you as well? FREY: Yes. HARRIS: So you go back to your house. What happens? FREY: We began, or started dinner, I believe, at that time. HARRIS: When you say we started dinner, was the defendant helping you? FREY: He had brought the dinner to make, yes. HARRIS: And what did he make? FREY: A seafood lasagna. HARRIS: What did you do? Did you guys make the lasagna? FREY: Yes. HARRIS: And what was the interaction the defendant was having with your daughter throughout this day? FREY: I'm not sure how to answer that. HARRIS: Did he talk to her? FREY: Yes. HARRIS: Did she talk to him? FREY: Yes. HARRIS: You indicated that he had carried her a half hour point in time? FREY: Yes. HARRIS: This interaction, did this continue to happen back at the house while you were making dinner? FREY: Yes. HARRIS: Did it seem that Ayiana was comfortable with the defendant? FREY: Yes. HARRIS: Dinner gets made. Do you all sit down and eat dinner? FREY: Yes. HARRIS: Was it a pleasant meal? FREY: Yes. HARRIS: Besides the food, did he bring something else for the meal? FREY: Wine. HARRIS: Bottle of wine? FREY: Yes. HARRIS: Tell us about that. Who opened the wine? FREY: He opened the wine. HARRIS: And when he opened the wine, was there something that he said? FREY: There was something that I said. HARRIS: What was that? FREY: I talked about another friend of mine that had talked about saving the corks of the wine, as far as who you drank it with, and the date, just as a kind of a memorabilia kind of gesture. And so I had did that with the cork from that bottle of wine. And we discussed missing the first cork from the first date. And he made a comment that there would be many more to come. HARRIS: Many more corks? FREY: Many more corks. Many more bottles to share, yes. HARRIS: Do you set aside that cork? FREY: Yes. HARRIS: You finish that dinner. Did Scott ask you a question about your daughter? FREY: Yes. HARRIS: What was that? FREY: Well, he had stepped outside and had something behind himself, behind his back. And he stated he didn't know the psychology of children, but he had got something for her, and asked my permission to give it to her. HARRIS: And did you allow him to do this? FREY: Yes. HARRIS: Tell us about that. FREY: I told him, I said, well, if you would have given it to her when you first met her, I may have questioned your motive. But see how she already likes you, I think that's okay, that you can. HARRIS: Does he produce something at that point in time? FREY: Yes. It was a wrapped book, is what it was. HARRIS: Does he give it to Ayiana? FREY: Yes. HARRIS: Like all children, does she kind of tear off the packaging at that point in time? FREY: Yes. HARRIS: That's how you could tell it was a book? FREY: Yes. HARRIS: During the time that the evening progresses, do you start talking more about yourself? Kind of direct you to the point. Did you get around to looking at photo albums? FREY: Yes. HARRIS: Tell us about that. FREY: I had pulled out a photo album I had made for my daughter of her first year. HARRIS: It was from her first 12 months? FREY: Yes. HARRIS: Defendant make any comments? FREY: I'm sorry? HARRIS: Did the defendant make any comments as he was looking through this book? FREY: I don't remember. HARRIS: Night kind of comes to an end. Was there a discussion about him leaving or staying? FREY: He had mentioned that he was, that he had planned, in his mind, that he was going to check into a hotel somewhere. That he hadn't. I told him don't be silly, that he could stay with me. HARRIS: Does he agree to spend the night? FREY: Yes. HARRIS: And does he stay? FREY: Yes. HARRIS: Were you intimate with the defendant that night? FREY: Yes. HARRIS: Did you use protection? FREY: Yes. HARRIS: From the information that Shawn Sibley had given you, and everything that occurred at the first date up into the point that we're at at this point in time, were you even more attracted to the defendant at this point in time? FREY: Yes. HARRIS: Was he still being a gentleman? FREY: Yes. HARRIS: Romantic? FREY: Yes. HARRIS: The next day does he leave? FREY: Yes. HARRIS: Does he tell you about his plans, so this would be the morning of the December 3rd? FREY: Yes. HARRIS: Does he tell you about his plans for the day? FREY: Yes. HARRIS: And what does he say he's doing? FREY: He had to go, he had to go, or he was doing some business more south that day. He had a few stops he had to make. HARRIS: When you say more south, down in your area? FREY: Bakersfield, Santa Maria, somewhere in that area, I believe. HARRIS: Does he ask if he can see you again? FREY: We had talked about him coming that evening after he was finished with his day. HARRIS: Did he talk to about that? Does he agree to come by and see you that evening? FREY: Yes. HARRIS: Does he? FREY: Yes. HARRIS: Does he finish up with his business early? GERAGOS: Objection. Calls for speculation. JUDGE: Sustained HARRIS. Does the defendant call you at some point in time and let you know that he's done with his business? FREY: Not exactly. HARRIS: When you say that he was coming back that evening – FREY: Right. HARRIS: Does he end up doing something for you that day? FREY: Yes. HARRIS: What was that? FREY: I had asked if he, depending on when he finished that day, that was not for sure at that point, but if he could, or how he felt about picking up Ayiana from school. HARRIS: Let me go through this. FREY: Yes. HARRIS: Where were you having this conversation? FREY: At what time? HARRIS: Yes. FREY: I don't recall. HARRIS: Was it on the second, or was it on the third? FREY: Oh, it was on the third. HARRIS: This was before he left, or at some point in time during the phone conversation? FREY: It was a phone conversation HARRIS: So you are talking with him, and were you working that day? FREY: Yes. HARRIS: Did you have a client that was going to be late? FREY: Yes HARRIS: So he's calling you, telling you what his plans were. You told him about this late client? FREY: Yes. HARRIS: Discussions then moved to him picking up Ayiana? FREY: Yes. HARRIS: What does he say about that? FREY: He said that he would be honored, that I'd, or to pick her up. And he asked if she would come to him, or if he thought that she would. HARRIS: So you work out all the details of this? FREY: Yes. HARRIS: And did you have to go someplace and leave him the car seat? FREY: Yes. HARRIS: Did you leave him something else? FREY: A key. HARRIS: A key to what? FREY: Yes. A key to my house. HARRIS: Do you finish up work? FREY: Yes. HARRIS: And when you finish up work, were you supposed to meet the defendant someplace? FREY: My house HARRIS: Did you go home? FREY: Yes. HARRIS: Describe for us what it was like when you walked in. FREY: My daughter was sitting in her high chair. She had some food in front of her. He was in the kitchen pulling out some bread that he had toasted. He was warming leftovers from the dinner before, the lasagna. And there was wine in a glass. HARRIS: Who for? FREY: For myself and for himself. (recess) HARRIS: Ms. Frey, where we had left off was in talking about the 3rd when you let the defendant pick up your daughter, Ayiana, at school. I'm going to go into that a little bit. FREY: I'm having a hard time hearing you. JUDGE: She can't hear you. HARRIS: I'll try to speak up for you. JUDGE: There you go. HARRIS: Based on the information that, again, going back to what Shawn Sibley had given you, and what you had experienced being with the defendant up until the 3rd, did you feel you could trust him picking up your daughter at school? FREY: Yes. HARRIS: Is that why you allowed him to go and pick her up? FREY: Yes. HARRIS: And also gave him a house key? FREY: Yes. HARRIS: Do you remember about what time it was that you got home that evening? FREY: It was a little after 6:30. HARRIS: So you walked in. You described the scene for us already. How was Ayiana behaving at that point? FREY: She was happy. GERAGOS: Objection. Relevance. JUDGE: Sustained. I don't see the relevance. Sustained. HARRIS: Did you sit down and have dinner? FREY: Yes. HARRIS: And did you continue to talk and communicate, converse with the defendant during that time? FREY: Yes. HARRIS: Do you remember what you talked about at all? FREY: One, one particular conversation was about getting a tree. A Christmas tree down the street. HARRIS: So you had dinner, you're having this conversation. Does the defendant agree with, or agree to go with you to get a tree? FREY: Yes. HARRIS: And do you, in fact, go and get a Christmas tree? FREY: Yes. HARRIS: Where do you go? FREY: Cobb's Ranch. HARRIS: Is that far from your house? FREY: Not really. HARRIS: And how do you get there? Do you walk, drive? FREY: Drive. HARRIS: Whose vehicle? FREY: Scott's. HARRIS: And does Ayiana go with you? FREY: Yes. HARRIS: So the three of you drive to this particular location, in the defendant's vehicle. Do you actually go into the Christmas tree lot? FREY: Yes. HARRIS: What happens when you go in? FREY: Ayiana, Scott and myself, we walked around and looked at Christmas trees. Picked out a Christmas tree. HARRIS: When you say picked out a Christmas tree, was, were you looking, was he helping you? What was happening? FREY: Yes. We were all looking at Christmas trees. HARRIS: And when you were, when you were looking at these Christmas trees, the three of you together, did you come into contact with the owner of the lot? FREY: Not until later. HARRIS: At this later point in time, did something happen or something occur when you, the three of you were together and you came into contact with the owner? GERAGOS: Objection. Hearsay. JUDGE: I don't know yet. Overruled. He's asking if something happened. Did something happen? FREY: There was conversation. JUDGE: All right. HARRIS: Did the owner make a comment to the three of you? FREY: Yes. GERAGOS: Hearsay. JUDGE: Sustained. HARRIS: Did the defendant react or say something back from what the owner had said? FREY: Yes. HARRIS: What did he say or what was his reaction? FREY: He had made a comment to – GERAGOS: Objection. Hearsay. JUDGE: We just want to know what Mr. Peterson said. To the owner of the lot. FREY: But the... HARRIS:. Did the owner say something FREY: Yes. HARRIS: to the three of you? FREY: Yes. HARRIS: And did Mr. Peterson correct the owner FREY: No. HARRIS: based on what he said? What did the owner say to you? GERAGOS: Objection. Hearsay. JUDGE: I think it is hearsay. Sustained. HARRIS: Did you select a Christmas tree? FREY: Yes. HARRIS: Did you pick one out, you buy it; where's it go? FREY: They wrap it with some mesh-type material, and it goes on the back of Scott's truck. HARRIS: So this Christmas tree goes on the truck. Does the defendant drive you back to your house? FREY: Yes. HARRIS: And does the tree come out of the truck at that time? FREY: Yes. HARRIS: What do you do with the tree? FREY: Scott brought it in and put it up into the living room. HARRIS: When you say, so he takes it into the living room. Did you get a stand or something? Or does it already have a stand on it? FREY: No, that was something that I had purchased at the lot. HARRIS: The tree gets put in the living room? FREY: Yes. HARRIS: Do you start to decorate the tree? FREY: Yes. HARRIS: And do you have any conversation with the defendant while you're decorating the tree? FREY: Yes. HARRIS: What do you talk to him about? FREY: I had pulled out a little box, or a box of ornaments, and I was talking to him about that, and that I didn't really have a, a theme or a, you know, for my tree. The ornaments that I had were from previous students that I had, and each one had a story, or a significance of who they were from, to me. HARRIS: During the time that you were having these discussions, you were there and he was helping you decorate the tree, do you ever talk with the defendant had he ever been married? FREY: Yes. HARRIS: What does he say? FREY: No. HARRIS: How FREY: That HARRIS: Go ahead and finish your answer. FREY: No, that he had not been married, or that he had ever been married. HARRIS: How did that conversation come up? FREY: Just in general conversation. HARRIS: When you say in general conversation, somebody FREY: I, I had asked him if he had ever been married or if he had ever been close to being married, and he said no. HARRIS: Did you ever ask him about children? FREY: Yes. HARRIS: What did he say? JUDGE: What did you ask him about children? Do you remember what you said about children? FREY: I asked if, if he had any children or if he ever was close to having children. And he said no. HARRIS: Now, this is, so this is kind of this general conversation where you're, you're talking about things and you're sharing with him your Christmas ornaments? FREY: Yes. HARRIS: As the night wears on does, does he stay the night again? FREY: Yes. HARRIS: When you, did the two of you go to bed together that night? FREY: Yes HARRIS: Did you talk at all while you were in bed? FREY: Yes. HARRIS: What did you talk about? FREY: Specifically? There was conversation about trust. HARRIS: Tell us about the conversation about trust. FREY: I was talking about, I don't recall how the conversation was brought up, but about trust and how I felt about trust and lies and how it, for me and how I handled things, I, how, how it's easier to handle the truth, no matter what it is, versus a lie, and that knowing that a person could come to you with the truth is easier to handle than it later coming out that it was a lie. And basically just being truthful and how I responded to that. HARRIS: Did the defendant make any comments or agree or disagree during this part of the conversation? FREY: Yes. HARRIS: What did he say? FREY: He complimented me on my way of thinking about other people or how to handle situations that we were talking about. HARRIS: And that was trust in a relationship? FREY: Yes. HARRIS: So the defendant spends the night, stays, and leaves the next, the next morning, on the 4th? FREY: Yes. HARRIS: Does he tell you where he's going at that point in time? FREY: More business. Work. HARRIS: And did you talk about future dates or future plans, getting together at that point? FREY: He had said he had plans for the weekend, to go with some buddies on a boat. HARRIS: And so that would, the weekend we're talking about, that would have been the 6th, 7th, and 8th – FREY: Yes. HARRIS: of December? FREY: Yes. HARRIS: Did he tell you where he was going with these buddies with the boat? FREY: I believe he said the Delta. HARRIS: Did you hear from the defendant again? FREY: Yes. HARRIS: Was this before or after this weekend where he was supposedly going with his buddies in the boat? FREY: Before. HARRIS: Did he call you? Or did he come by? FREY: Call. HARRIS: What did you talk about? FREY: I don't remember specifically every conversation. HARRIS: Was it again, as you've been describing for us, these, these conversations where you're talking about each other and talking about things about yourself and sharing? FREY: Yes. GERAGOS: Objection. Leading. JUDGE: Overruled. HARRIS: When's the next time you see the defendant? FREY: Monday, December 9th. HARRIS: And you see him on that particular date. Does he surprise you? Or does he call first? FREY: He called first. HARRIS: When he called you on the 9th, so on December 9th we're talking about, does he say, does he tell you something at that point? FREY: Yes. HARRIS: What does he say? FREY: On the phone? HARRIS: Yes. FREY: He said that he wanted to see me and asked what I was doing, and I told him that I was home. And asked if I minded if he stopped by, and, but that if I had other plans, or something I needed to do, not to wait, that it wasn't, that he could see me after that, or whatever, whatever it may be, but not to wait around for him. And I assured him that I, that I was home, that he could stop by. He said that he was about 20 minutes out around, or he was in Merced, passing through, and he would be to my place shortly. HARRIS: Was his, describe for us his, his demeanor on the phone at that point. FREY: I'm not sure what you're asking. HARRIS: How JUDGE: How did he behave on the phone? FREY: Not any different that I could tell, than usual or normal. To me. HARRIS: So at some point in time after this phone call does he get to your house? FREY: Yes. HARRIS: Do you remember about what time it was? FREY: In the afternoon some time. HARRIS: When he comes to your house, when, when is it that you first notice that he's there? FREY: I, I had seen him pulling up from the window. HARRIS: And do you go, does he come inside? Or do you go out to greet him? FREY: I came out and greeted him. Q. And when you go out to greet him, what happened? FREY: I said hi, and he came out of his truck. He was on the passenger side. I'm not sure what he had did at that point. When I, I greeted him, he took my hand and he said that he needed to talk to me, and I wasn't sure where he was coming from at that point. HARRIS: When you say you weren't sure where he was coming from, what do you mean by that? FREY: Just his demeanor at that point, or his, his emotion or how, how he was behaving. HARRIS: Did it seem different to you? FREY: A little bit, yes. HARRIS: Did you make any observations about how he looked or what he was wearing at that point in time? FREY: He was wearing a blue suit. He was wearing his Rotary pin. HARRIS: Did he seem happy or sad or what? FREY: He seemed a little bit upset, I would say. HARRIS: Did the two of you go inside? FREY: Yes. HARRIS: What happened when you go inside with the defendant on December 9th? FREY: He was talking with me as we walked to the door and was walking in about something that he may have done terrible to a possibly beautiful relationship. At that point I still wasn't sure what he was talking about or where he was coming from. HARRIS: Let me try and go through this. When you say you come inside, this is a house? FREY: Yes. HARRIS: And where do you go in the house? FREY: At the kitchen table. Just in the front walk. HARRIS:. So as you come in the front walk, there's a kitchen table there? FREY: Yes. HARRIS: How many chairs? FREY: Two. HARRIS: And do you sit down? Or do you stand? FREY: He at one point pulled both the chairs out, one for me and one for him. HARRIS: Did he sit down? FREY: I don't recall if it was immediately. He asked me to sit. HARRIS: So he, you come inside? FREY: Uh-huh. HARRIS: He pulls out the chairs; he asks you to sit. And is that when he makes this statement about he's afraid that he might have done something to FREY: No, it was, it was in the motion of coming in and sitting. HARRIS: You were saying that you weren't quite sure what he meant by that? FREY: No. HARRIS: Did you ask him? FREY: I was listening to what he was saying. HARRIS: So he continued talking? FREY: Yes HARRIS: When he started to talk, did you look at him? FREY: Yes. HARRIS: What happened when he started to talk? FREY: He seemed to be having a hard time with his emotions. HARRIS: Describe for us what you mean. FREY: His, I could hear his stomach churning a little bit. He seemed to be having a hard time with his words coming out as far as where he was directing his conversation to me, or discussion. HARRIS: Does he ever explain to you what it was that he meant about this fear of harming a relationship? FREY: Yes. HARRIS: What did he say? FREY: He said that he had lied to me and that it would be easier if I, if I, if I never want to see him again, or that I may need to, to take time, basically, I guess, to digest what he was about to tell me. And that, that it was hard, hard for him to express what he was, he was going to be telling me. HARRIS: Now, you said that he was having a hard time expressing this. Did his, his physical appearance or his 3 emotional state continue to change? FREY: Yes. HARRIS: How so? FREY: He was, he was crying. HARRIS: When you say he was crying, could you physically see tears? FREY: Yes. HARRIS: Just one tear or, or what? FREY: He was crying. HARRIS: Did he go on to then explain what it was FREY: Yeah HARRIS: he had lied about? FREY: Yes. HARRIS: And what did the defendant say to you? FREY: He said that he had lied to me about ever being married, and he had stated that sometimes for himself, when people would ask, it was easier for him to say that he was not or never had been married; and other people, that sometimes he would just agree and not say anything, or correct them, that he was. HARRIS: Did he tell you why he had lied about being married? FREY: That it was painful for him. HARRIS: Did you ask him or did he explain why it was painful for him to say he had been married? FREY: Yes. HARRIS: What did the defendant tell you? FREY: That he had lost his wife. HARRIS: What did you take him to, did he use those words FREY: Yes. HARRIS: he lost his wife? FREY: Yes. HARRIS: Did he explain that any more to you? FREY: He said, yes. HARRIS: What did he say? FREY: He said that, obviously without saying much, that she was not with him, and that it was just entirely painful for him to talk about. HARRIS: When he had said, so he's, he's there in this emotional state and he's telling you that he had lost his wife. What did you think he had meant at that point? GERAGOS: Objection as to her state of mind. JUDGE: Sustained. HARRIS: Did he tell you, did he put this into any type of time context? FREY: Yes. HARRIS: What did he say? FREY: Well, I had asked, asked him, as far as the time frame is, had it been long, basically. And he stated that this was the first holidays that he would be spending without her. HARRIS: From what he told you about losing his wife and it being the first holidays, did you have the impression that this was recent? Or ancient? FREY: Recent. GERAGOS: Objection. Leading, and it's to her state of mind. JUDGE: Well, her state of mind could be relevant. So I'm going to overrule the objection. After she heard all this information HARRIS: So from what was going on, you thought this was a recent occurrence? FREY: Yes. HARRIS: Did you ask him or confront him at all why he had not told you? FREY: I'm not sure how to answer that question. HARRIS: Did the, did the discussion turn to if he was going to tell you that before? FREY: No. HARRIS: Did the defendant at some point in time say that he had meant to tell you at a later point in time? GERAGOS: Objection. Leading. Vague. JUDGE: Well, it is leading. Sustained. HARRIS: Did the defendant ever mention having a conversation with Shawn Sibley? FREY: No. HARRIS: Did you ask him why he told you on December 9th? FREY: I'm sorry? HARRIS: Did you ask the defendant why he told you on December 9th? JUDGE: Do you understand the question? FREY: Not really. JUDGE: Well, he told you that he had been – that he had been married before and he had lost his wife. FREY: Right. JUDGE: Did you wonder why? Or did you ask him Why are you telling me this now? FREY: My response to him? Is that what, I could answer it in that way JUDGE: Sure. FREY: as far as my response. JUDGE: Sure. What did you tell him? FREY: My response was I thanked him for sharing that with me, it being so painful for him, and understanding that that, it was hard for him to do so. HARRIS: Did he respond back? FREY: Yes. HARRIS: What did he say? FREY: He said that I was amazing and that he was intrigued by me and by my response. HARRIS: So during this time that he's telling you all this, did his emotional state, the stomach churning, the trouble with the words GERAGOS: Objection. Leading. JUDGE: It is, Mr. Harris. HARRIS: Did he continue to cry during that time period? FREY: During what time? HARRIS: During the time that you were talking and that he GERAGOS: Objection. Asked and answered. JUDGE: Overruled. HARRIS: During the time that he's telling you he had lost his wife and it's the first holidays without her? FREY: Yes, he was emotional. HARRIS: Did the topic turn to your relationship with him? FREY: Yes. HARRIS: How did that change, or what was said? FREY: After he stated it was the first holidays without her, I asked if he was ready for a relationship with me. HARRIS: Did he say anything back? FREY: Yes. HARRIS: What did he say? FREY: He said absolutely. HARRIS: After he had made his statement to you, did he stay? Or did he leave? FREY: He stayed for a little, a little while. HARRIS: Did you continue talking? FREY: Yes. HARRIS: And describe for us his emotional state after the time that he had told you that he was ready for a relationship with you. FREY: At that point he seemed relieved that he was able to share this information with me. HARRIS: Did it appear GERAGOS: Objection. Motion to strike. Speculation. JUDGE: No, I'm going to let it stand. HARRIS: Did he appear to stop crying? FREY: Yes. HARRIS: Did he start to calm down? FREY: Yes. HARRIS: At some point in time does he finally leave the, the house that afternoon? FREY: Yes. HARRIS: As he's about to leave, does something happen? FREY: Yes. HARRIS: What's that? FREY: He had, he had been carrying around a, little Ladybug chocolates that I had given him on a previous meet. HARRIS: Let's go back through this. Little Ladybug chocolates. Candies? FREY: Yes. HARRIS: And then you said that you had given those to him? FREY: Yes. HARRIS: Do you remember when it was that you had given those to him? FREY: I don't remember the date, no. HARRIS: Where, so he produces these. Did you see from where? FREY: His pocket HARRIS: So he pulls these candies out of his pocket? FREY: Yes. HARRIS: Does he say something about them? FREY: That he didn't deserve, or he, he had stated that he had been carrying them around with him, close to me. And, and he put them on the table and he made a comment about not, I believe it was when he first came in, and began talking to me about what he had lied about. HARRIS: Did you do something with the, with the little Ladybug chocolates? FREY: Before he left I gave them back to him and said that they were chocolate and that he needed to, or that he should eat them. HARRIS: On the 9th did you agree or did you talk about seeing each other again? FREY: Yes. HARRIS: Did you have plans to see each other again? FREY: Yes. HARRIS: When was that? FREY: On, on the 11th. HARRIS: The 11th, is that some kind of party? FREY: Yes. HARRIS: And had you talked with the defendant about that party before he had come over on the 9th? FREY: Yes. HARRIS: And so you had plans to attend the party together? FREY: Yes. HARRIS: Now, between the 9th and the 10th, did something happen? FREY: Yes. HARRIS: What was that that happened? FREY: My daughter had an accident at home. HARRIS: Did she end up getting some stitches? FREY: Yes. HARRIS: Did the defendant come back to your house after Ayiana got her stitches? FREY: The next day. HARRIS: She got her stitches on the 10th? FREY: Yes. HARRIS: So he comes back to your house on the 11th? FREY: Yes. HARRIS: Do you remember about what time? FREY: No. HARRIS: What was the plan for that particular day? So we're talking about the 11th. FREY: We were going to attend a birthday party at my friend Shawn's, Sibley's, house. HARRIS: And so he comes to the house? FREY: Yes. HARRIS: Is he going to pick you up and drive you? FREY: Yes. HARRIS: Does he come inside the house? FREY: Yes. HARRIS: How was his demeanor, his behavior, at that point in time? FREY: Happy. Normal HARRIS: So it wasn't like it was on the 9th? FREY: No. Not at all. HARRIS: Did he come in and have any interaction with Ayiana at that time? FREY: Yes. HARRIS: What happened? FREY: She needed her bandage changed, and I had asked if he could change that for me, for her. HARRIS: Did he? FREY: Yes, he agreed to do so. HARRIS: So he goes and changes her bandage? FREY: Yes HARRIS: After he changes her bandage, do you go to the party? FREY: Yes. HARRIS: Now, who goes? FREY: Scott, Ayiana, and myself. HARRIS: You go to the party, you were saying Shawn Sibley's party? FREY: Yes. HARRIS: Do the three of you go in together? FREY: Yes. HARRIS: Describe that for us. You go to the house. Tell us what happened. JUDGE: When you say "Describe that for us," that calls for a narrative answer. Can you do it by question and answer. HARRIS: So, was Shawn at the party? FREY: Yes. HARRIS: And you had known about the defendant from Shawn. Was this the first time that you had ever seen them together? FREY: Yes. HARRIS: Did they go in and appear to have a normal interaction? FREY: Yes. HARRIS: What happens at the party? JUDGE: Can you be a little more specific? They could say We had punch and cake, or something. So... HARRIS: Do you, do you go in and socialize? FREY: Yes. HARRIS: Does the defendant? FREY: Yes. HARRIS: Did, from your knowledge or what it appeared, did the defendant know anybody other than you, Ayiana, and Shawn Sibley? FREY: No. HARRIS: So the group of people that were there, were these more your friends than his? FREY: Yes. HARRIS: Did you watch how he interacted with your friends? FREY: Yes. HARRIS: And how was his interaction? FREY: I, friendly. He had different conversations with different people at the party. He was very outgoing, very personable with people. HARRIS: At some point in time did you have some photographs that you were looking at? FREY: Yes. HARRIS: Did you show those to the defendant? FREY: Yes. HARRIS: Do you know if somebody else actually took a picture of you? FREY: Yes. HARRIS: I'm going to show you what's been marked as People's number 95. Do you recognize who is in this photograph? FREY: Yes. HARRIS: Who's in the photograph? FREY: There's several different people in the photograph I recognize. HARRIS: Do you see yourself? FREY: Yes. HARRIS: Do you see the defendant? FREY: Yes. HARRIS: Now, looking at People's 95, do you see, to the right of the screen, do you see yourself? FREY: Yes. HARRIS: And the pictures that we were just talking about, is that the photographs you're showing to the defendant? FREY: Yes. HARRIS: And that's him sitting to the left of you in the photograph? FREY: Yes. HARRIS: The interaction that Scott was having with your friends, the defendant was having with your friends, was this something that you liked as part of your relationship? GERAGOS: Objection. Relevance. JUDGE: Overruled. FREY: Can you repeat the question? HARRIS: The interaction the defendant was having with your friends -- FREY: Yes. HARRIS: at this party, was this something that you liked or helped in terms of your relationship? FREY: I believe so, yes. HARRIS: So you talked to us before about your developing a trust for him. How he acted with your daughter and these other people, was this helping how you felt about him? GERAGOS: Objection. Relevance. JUDGE: Overruled. FREY: Yes. HARRIS: With what was going on,all that we've been talking about, did the defendant tell you or communicate towards you the same kind of thoughts or feelings? GERAGOS: Objection. Vague. JUDGE: Well, I think so. Sustained. HARRIS: The party end sometime that night and everybody leaves? FREY: Yes. HARRIS: Did you make plans with the defendant to see him again? FREY: Yes. HARRIS: When was it that you planned on seeing him next? FREY: Saturday, December 14th. JUDGE: The 14th? FREY: Yes. HARRIS: Now, the plans on the 14th, was this another party? FREY: Yes. HARRIS: And had you discussed this with the defendant prior to Shawn's party? FREY: Yes. HARRIS: In fact, prior to Shawn's party had the two of you done something to kind of go prepare for the party on the 14th? FREY: Yes. HARRIS: What was that? FREY: I'm not sure if it was, it was before the party. We went to a tuxedo rental place. HARRIS: Why did you go to a tuxedo rental place? FREY: For the formal on December 14th. HARRIS: So the party on the 14th was a formal? FREY: Yes. HARRIS: And who went to go get the tuxedo? FREY: To pick up the tuxedo? HARRIS: No. Did, on the 11th, before Shawn's party – FREY: We both, Scott and I went to get fitted for a tuxedo. HARRIS: And fitting for him? FREY: Yes. HARRIS: Did you go with him to the store? FREY: Yes. HARRIS: So he goes and he gets fitted and orders his tuxedo for the party on the 14th? FREY: Yes. HARRIS: Now, was there some discussion about this party on the 14th and whether he could make it or not? FREY: He wasn't a hundred percent for sure if he was going to be able to make it, due to business. HARRIS: He said he had business on the 14th? FREY: Yes. HARRIS: Did he tell you what kind of business it was that he had on the 14th? FREY: Business with his boss. And I'm not sure specifically the details of, of the meet, no. HARRIS: Now, even though that was the discussion, he still went ahead and got the tuxedo? FREY: Yes. HARRIS: And did you indicate to him what would happen if he wasn't able to make it because of business? FREY: That I would attend anyway. HARRIS: Now, so going back to, to Shawn's party, so we're on the 11th, moving forward, did you end up having a conversation with Shawn Sibley after her party, before your formal? FREY: Yes. HARRIS: Did you learn anything from her about your conversation that you had with the defendant on December 9th? FREY: On, I'm sorry, on which date? HARRIS: When you're talking, after her party FREY: Yes. HARRIS: before the formal FREY: Yes. HARRIS: did you talk to her about, let me back up. You had the conversation with the defendant about losing his wife on December 9th? FREY: Yes. HARRIS: So you're talking with Shawn after her party. Does that conversation come up? FREY: Yes. HARRIS: Does she tell you if she knew about GERAGOS: Objection. Hearsay. JUDGE: Yes. Sustained. HARRIS: Does she tell you something? FREY: I HARRIS: Without getting into the content, does she tell you something about the conversation with the defendant? FREY: Yes. HARRIS: Based on the information that she give, that you get in this conversation, do you do anything with it? FREY: Yes. HARRIS: What do you do? FREY: I confronted Scott with it. HARRIS: And tell us about that. FREY: When he was at my house on the 14th, we were getting ready for the formal, and I brought up that discussion with him, while we were getting ready, about my conversation with Shawn Sibley about him and I, or his discussion with me about losing his wife. HARRIS: Did you confront him with the fact that he had told Shawn before you? FREY: Yes. HARRIS: Did he respond to that? FREY: Yes. HARRIS: What did he say? FREY: I, I've lost my, ask me the question again, please, I'm sorry. JUDGE: Well, when you confronted him about him telling Shawn Sibley, that he had lost his wife before he told you about it FREY: Yes. JUDGE: did you ask him about that? FREY: Yes. JUDGE: And what did he tell you? FREY: Well, I, I had told him that I had, that I was troubled with, with this information that I had learned, that I didn't know that Shawn had, and him had talked about it previous, or before, before he had confronted me with it. And he said that that was something he was going to share with me when he returned back from his trip from Europe, but he knew that, that that, that wasn't the right thing, he should have, he should have came with me about, about the information before. HARRIS: Now, let's kind of break this up into little pieces. When you, when the defendant comes to you on December 9th and he tells you this about losing his wife, that he had lost his wife, did you have any idea that he was doing this because of the conversation he had with Shawn Sibley? FREY: No. GERAGOS: Objection. Calls for speculation. JUDGE: It does. Sustained. GERAGOS: Motion to strike. JUDGE: Answer may be stricken. HARRIS: Did the defendant, when he came to you on December 9th, ever tell you that he had had a conversation with Shawn Sibley? FREY: No. HARRIS: When you got this information from him that he had lost his wife on December 9th, did you think that he was telling you this of his own free will? FREY: Yes. GERAGOS: Objection. Call for speculation. JUDGE: Overruled. GERAGOS: Also state of mind. JUDGE: No, I'm going to let her answer. Overruled. Her state of mind now I think is relevant because this relationship continues, and I think her state of mind now is relevant. Overruled. Go ahead. HARRIS: When you find out from Shawn that she had already had a conversation with the defendant, did that somewhat change your thinking of about why he had come to you? FREY: Yes. HARRIS: And as part of this, you were saying, confronted him with this information, is that part of the confrontation? I mean is that one of the reasons why you're asking him why, why he's telling you now? GERAGOS: Objection. Leading. Argumentative. JUDGE: Overruled. You can answer that. Do you understand the question? FREY: Yes. JUDGE: All right. You can answer it. FREY: Yes. JUDGE The answer is yes? FREY: Yes JUDGE: Okay. Next question. HARRIS: When, you said that his response was that he was going to tell you after he got back from his trip. What trip are you talking about? FREY: He had plans to be going to Paris for New Year's and he was going to be gone for January on a business trip in Europe. HARRIS: Had the defendant told you about this before the 14th? FREY: Yes. HARRIS: When did he first tell you about going to Paris for business, this trip that he was going to take? FREY: When did he first tell me? HARRIS: (Nods) FREY: On our first date. HARRIS: So back in November he had FREY: November 20th, yes. HARRIS: So he tells you he's going to tell you after he comes back? FREY: Yes. HARRIS: Did he tell you why he changed his mind? FREY: Not, not that I recall in that specific question. HARRIS: Does he come to your house on the 14th? FREY: Yes. HARRIS: Tell us about what happens when he first gets to your house on the 14th. FREY: He greeted me at the, at the door with a dozen red roses. HARRIS: So he walks in and hands them to you? FREY: After he give me a hug and hello, yes. HARRIS: So he hands you these dozen roses? FREY:. Yes. HARRIS: What happens next? FREY: He asked that, he hoped that I had more vases because he pulled, then he pulled out two more dozen. I believe they were like pink roses. HARRIS: How many total roses did he give you? FREY: Three. HARRIS: Three dozen? FREY: Yes. HARRIS: Did you do something with them? FREY: At that point I put them in some water. HARRIS: And did the defendant still have one rose left? FREY: Yes. HARRIS: What happened with the one rose? FREY: I, I asked what, he had laid the rose, a single rose down on the table, and I asked him what this rose was for. And he said that he was glad that I asked and that he had a, there was a story or, that he was going to tell me, that he, while he was in San Francisco, that's where he said he had been, or was coming from was from San Francisco, that either it was a dream or a thought, I don't recall at this point, that he had that he was going to share with me about this single rose. HARRIS: Just to back up through that. You were telling us before that he wasn't sure he was going to make it because he had business. When he got there, did he, the defendant, did he tell you what had happened with his business trip on the 14th? FREY: That it was still proceeding but that he was going to be able to get away to attend this with me, but he had to return the next day. HARRIS: Did he, when he showed up at your house, is that when he told you that? Or had that been a phone call? FREY: I believe it was a conversation on a phone call. HARRIS: And when he got to your house and he comes in with these roses, does he tell you further information about the business trip? FREY: Not, not a great deal, no. HARRIS: Just other than he had been able to get away? FREY: Yes. HARRIS: And he starts to tell you this story about the rose. Does he start to do something with the rose? FREY: Yes. HARRIS: What does he do? FREY: He asked me if I had a candle and some scissors, and he cut the stem off the rose. And at that point I believe he, the lights were out and there was a candle, so it was dim. And he had me, or at some point I was against the wall and he was rubbing the rose on my face. He said he, he didn't really know what a rose felt like being rubbed, you know, on himself personally, but he thought something to do, or it looked romantic. So he, he was rubbing the rose on me and kissing me softly, and, and kind of moving down towards my chest area. And I proceeded to, or raise my arms up to touch him, and he put them down. He said he knew how the story went, and he began, or continued kissing me. HARRIS: So after this activity with the rose ends, do you go and, and get prepared for the formal? FREY: Yes. HARRIS: So you go to some other part of the house to, to get dressed? FREY: We were back and forth from my bedroom, the kitchen area, or dining area, and the bathroom. HARRIS: And at some point in time does he tell you to stay out of a part of the house? FREY: Yes. HARRIS: And what does he say? FREY: He said don't mind him, he's going to, he was going to be doing something in the kitchen and if I heard banging, different things, not to worry but that I were not to come in there, just to stay in the bathroom or the back, finish getting ready. HARRIS: Does he ever allow you to go back to the front part of the house? FREY: Yes. HARRIS: And was there some kind of surprise? FREY: Yes. HARRIS: What was the surprise? FREY: A Pink Lady caramel apple. HARRIS: A Pink Lady caramel apple? FREY: Yes. HARRIS: What is a Pink Lady caramel apple? FREY: Pink Lady apple and, dipped in caramel. HARRIS: How did that, how did that get there? FREY: He made it. HARRIS: Is that what he was doing in the kitchen? FREY: Yes. HARRIS: Had you had a conversation with him about Pink Lady caramel apples? FREY: Yes. HARRIS: Do you remember when that was prior to the 14th? FREY: Yes HARRIS: Tell us about that conversation. FREY: We had went to a place called Whole Foods, and we walked by a table of Pink Lady caramel apples, and I shared a story with him about Pink Lady apples. HARRIS: And what was the story? FREY: Back in August the year before, I had, was getting my braces off, and the one thing that, when I got them off, I wanted was a Pink Lady caramel apple. And I had told him that I never got one, but months later I had purchased just an apple, a caramel apple for myself and finally had it, but it was never a Pink Lady caramel apple. HARRIS: So on the 14th, as you're getting ready for this formal FREY: Yes. HARRIS: he goes into your kitchen and makes one of these for you? FREY: Yes. HARRIS: Did you see what he made it from? FREY: Individual caramels. HARRIS: Did he have to melt those in your kitchen? FREY: Yes. In a pan. HARRIS: And then dip the apple in it? FREY: Yes. Does he present this Pink Lady caramel apple to you? FREY: Yes. HARRIS: Does he say anything? FREY: Yes HARRIS: What does he say? FREY: He just made a comment towards, you know, that, I believe that he had never done that before and so he wasn't sure how it was going to turn out. And, you know, I asked is that a Pink Lady caramel apple, and it was. HARRIS: Did you end up going to the formal? FREY: Yes. HARRIS: Do you go the two of you? Or do you join other people? FREY: We joined another person HARRIS: Who was that? FREY: Saki. HARRIS: And Saki, is that the person's first name, last name? FREY: Nickname. HARRIS: This individual, how was it, male or female? FREY: Female. HARRIS: How was it that Saki came to go with the two of you? FREY: We had talked about earlier in the month that she was going to attend with me. HARRIS: So this is something that you had, had planned and kind of scheduled? FREY: Yes. HARRIS: When you, when you go, do you go to meet her someplace? Or does she come over to your house? How's that happen? FREY: Scott and I talked to her on the phone, and we planned to pick her up at her place. HARRIS: And during the time that you were getting ready, were there any photographs taken? FREY: I'm sorry, of the time when Scott and I were getting ready? HARRIS: Yes. FREY: Yes. HARRIS: And did you each take pictures? FREY: Yes. HARRIS: Kind of trade off the camera? FREY: Yes. HARRIS: After you picked up Saki, did she also take some pictures? FREY: Yes. HARRIS: And when you went to this, to this particular formal, were there more pictures taken? FREY: No. HARRIS: Did the defendant wear his tuxedo? FREY: Yes. HARRIS: And did you get dressed up as well? FREY: Yes. HARRIS: Let me have marked next in evidence some photographs. JUDGE: Okay. Has Mr. Geragos seen these? Mr. Geragos, have you seen these photos? GERAGOS: I don't know which ones he's going to show, Judge. If I can have just a moment. JUDGE: You do or don't. GERAGOS: I don't know which ones they've got. JUDGE: Okay. HARRIS: Judge, we actually have marked as envelope and contents. JUDGE: All right. How many have you got there? GERAGOS: Seven. JUDGE: All right. People's 191 A through G. JUDGE: 191 A through G. GERAGOS: A through HARRIS: G. GERAGOS: G. Judge, so the record reflects, the envelope says nine photos and there appears to be only seven in there. JUDGE: Okay. All right. Since we're showing these photographs, you want to move, save us some time at the end of this trial. You move number 95 in evidence at this time? There's been a foundation laid for this photograph here. You want to move that into evidence at this time? HARRIS: That's fine, Judge. JUDGE: Any objection, Mr. Geragos? GERAGOS: Nope. JUDGE: All right. 95 can go into evidence, take the same number. While we're getting these marked, we can get that one out of the way. GERAGOS: Could I take the witness on voir dire for just a moment as to the nine versus seven? JUDGE: Well, I would prefer that you do that later, okay? That's, that's, maybe he can clear it up. Maybe he can clear it up. If not, I'll let you do it. I'm not so sure she would know how there's nine versus seven. GERAGOS: She, I think she knows she gave nine photos to Detective Buehler. That's why I want to ask her. JUDGE: All right. Maybe he can clear that up. HARRIS: Miss Frey, I'm going to present to you some photographs. Have you look at these and see if you recognize them. FREY: Okay. Yeah. I recognize them, yes. HARRIS: And are these photographs of yourself and the defendant? FREY: Yes. HARRIS: Do these accurately depict how you, the two of you looked on December 14th, 2002? FREY: Yes. HARRIS: Let me go ahead and put these up. GERAGOS: I don't think that there's an adequate foundation. JUDGE: She just testified that they truly and accurately portray the way they looked. GERAGOS: No, I'm talking about the fact that there's two missing. JUDGE: Well, we can develop that later, but at least for the seven here I think there's an adequate foundation. Overruled. HARRIS: Miss Frey, I'm going to put up first 191A. Can you describe for us what we see in this picture? FREY: Scott and myself in the front seat of his truck. HARRIS: Who is taking this photograph? FREY: Saki. HARRIS: Showing you 191B, what do we see in this photograph? FREY: Scott and myself. That was a photo that Saki had did on her computer and made a copy of HARRIS: 191C? FREY: Scott and myself at Saki's, in front of the Christmas tree. HARRIS: And you say that this is in front of Saki's Christmas tree? FREY: Yes. HARRIS: So as part of the process of going to this formal, did you and the defendant go inside Saki's house? FREY: These pictures were taken after the formal. The ones at her house. JUDGE: This is at Saki's house after the dance? FREY: Yes. JUDGE: Okay. HARRIS: 191D, if you can describe for us what this is. FREY: Scott and myself in the entrance of the bathroom. HARRIS: At FREY: At Saki's house. Or apartment. Excuse me. Home. HARRIS: 191E. It's kind of hard to see. FREY: It's a picture of Scott by himself. HARRIS: And where is this taken? FREY: At Saki's home. HARRIS: 191F? FREY: A picture of Scott with a Santa hat on his head. HARRIS: And where was this taken? FREY: At Saki's home HARRIS: 191G? FREY: That was on the way to the formal, I believe. That was, again, in Scott's vehicle. In the front seat. JUDGE: Mr. Harris, can you clear up the difference between seven and nine here with this witness? Do you think you can do that? HARRIS: That's something we're going to get to. JUDGE: All right. HARRIS: At a later point in time when she contacts the police department. JUDGE: All right. Well, then, since you've shown these now, we'll take the noon recess. HARRIS: All right. <noon recess> JUDGE: Showing those photographs of the party of the 14th? HARRIS: Yes. HARRIS: Ms. Frey before we broke, we were looking at some of the pictures from the party. Those particular pictures, were those pictures that you took? Are those the ones that Saki took, the photographs that we were previously looking at? FREY: I believe those are the ones Saki took. HARRIS: Were there some other photographs that you took and the defendant took? FREY: Yes. HARRIS: All of the pictures that we have, the ones that you are talking about, at some point in time did you have contact with the Modesto Police Department? FREY: Yes. HARRIS: And did you turn over the photographs that you had? FREY: Yes. HARRIS: That was to Detective Buehler? FREY: Yes. HARRIS: Like to have marked some of the additional photographs. JUDGE: This would be people's next in order, which would be – GERAGOS: 190. JUDGE: 190. How many are there? HARRIS: 192, in one envelope. JUDGE: Envelope and contents will be 192. HARRIS: Then a second one is 193 and contents. JUDGE: Okay. HARRIS: Inside 192 is three photographs. JUDGE: A, B and C. HARRIS: And inside 193 will be 11 photographs. JUDGE: Okay. 193. That would be A through K. HARRIS: While the clerk is marking that, I'll show you, Miss Frey, 192. Put these down and see if you recognize them. FREY: Yes. HARRIS: And who is depicted in these three photographs? FREY: Scott and myself HARRIS: Are these, again, pictures that were taken either before or after the formal on December 14th? FREY: Yes. HARRIS: Do these accurately depict you and Mr. Peterson on that date? FREY: Yes. HARRIS: Going to put up 192A. Can you describe for us what this photograph is? FREY: A picture of Scott and myself in front of a Christmas tree. HARRIS: 192C? FREY: A picture of myself and Scott. I'm showing him photos at Saki's house. HARRIS: Going back to 192B. This particular photograph, what's depicted? FREY: I'm sorry? HARRIS: What's depicted in this photograph? FREY: Scott and myself getting ready to go to the formal. HARRIS: This particular photograph, 192B was this at your house or at Saki's house? FREY: My house. HARRIS: Check if the clerk has marked the others. HARRIS: Ms. Frey, I'm going to show you what's been marked as 193A through K. Have you look at these photos real quick, see if you recognize them. FREY: Yes. HARRIS: And who is depicted in these photographs? FREY: Scott and myself. HARRIS: Again, are these pictures that were taken either before or after the formal on December 14th? FREY: Before. HARRIS: And do they accurately depict you and Mr. Peterson? FREY: Yes. HARRIS: Since they are in reverse order, just put them up that way, starting 193K. Can you describe for us what we see in this photograph? FREY: Scott on my cellular phone. HARRIS: 193J? FREY: Scott putting his tie on in my house. HARRIS: 193I? FREY: Scott putting his tie on in my house. HARRIS: 193H? FREY: Scott and I taking a picture together. HARRIS: 193G? FREY: This the same. HARRIS: 193F? FREY: The same. HARRIS: 193E? FREY: I'm taking a picture of Scott. HARRIS: 193D? FREY: The same. HARRIS: 193C? FREY: Scott talking on my phone. HARRIS: 193B? FREY: The same HARRIS: 193A? FREY: The same. HARRIS: Now, inside the envelope appears to be a commercial film-processing package? FREY: Yes. HARRIS: After these pictures were taken, did you take them in to have them developed? FREY: Yes. HARRIS: And as part of the process of doing that, did you get duplicate prints? FREY: Yes. HARRIS: So when we look at some of these pictures, they are duplicates of the same picture? FREY: Yes. HARRIS: I want to go back to the 14th. We're talking about the pictures that were taken before and after this formal. Prior to going to the formal, did you talk to the defendant about, when you went to the formal, how to introduce each other? FREY: Yes. HARRIS: What was that conversation about? FREY: I had asked him, well, I told him I was going, there was going to be people at the party that I knew, and I was asking how to introduce our relationship to people, or to introduce him to other people HARRIS: Did he say anything? FREY: Yes. HARRIS: What did he say? FREY: He said that he wasn't seeing anybody else, and that he was monogamous. And that we discussed, as far as the title, he was saying for me to, or that we introduce each other as lover. And I said, "Well, that kind of doesn't sound appropriate to introduce somebody as." And he said, "Well, how about, 'My love'? That sounds good." FREY: And at that point is when he said that, I asked if he was seeing anyone else. He said he wasn't. That he was monogamous. And I was wanting to know basically as introducing him as my boyfriend. And at that point he said that would be appropriate. HARRIS: When you went to the party, did he assist you in any kind of a business related activity at the party? FREY: Yes. HARRIS: What was it that he assisted you with? FREY: Handing out business cards. HARRIS: And had you at that point in time, you were telling us earlier about you were about ready to venture out into a business. By this formal on the 14th, had you started your own business? FREY: Yes. HARRIS: What type of business was this? FREY: Massage therapy. HARRIS: Did you have business cards? FREY: Yes. I had business cards made up particularly for this event. HARRIS: And did the defendant have any of your business cards on the 14th? FREY: Yes. HARRIS: Did you see him doing anything with them? FREY: He was passing them to people as we passed. HARRIS: And when he was passing out these business cards, did he ever make any mention of his relationship with you? FREY: Yes. HARRIS: What did he say? FREY: He had said, one woman had thought he was the one that was the massage therapist. He said, no, that it was his girlfriend. HARRIS: Now, during the conversation about this monogamous, I believe was the word that you used, did you ever talk about trust? FREY: At that particular in that particular conversation? HARRIS: Did you have a later conversation with him about trust? FREY: That day? I'm sorry. HARRIS: Let me try you a different. So prior to going, as you are talking about relationship, monogamous, and what label to use, did you, were there certain words or certain concepts that you were discussing at that point in time? FREY: In the same conversation as when he were talking about being monogamous earlier in the week, we had discussed, or I had talked to him about trust. GERAGOS: Objection. Non-responsive. JUDGE: That's when he started? FREY: Right. JUDGE: I think she's already testified to that. What he's driving at is whether or not at the time that you were at this, before you went to the party, you were talking how you identify each other? FREY: Yes. JUDGE: Was there any discussion at that time about trust? FREY: I don't believe so. JUDGE: All right. Next question. HARRIS: You are saying earlier in the week, after the night when he had come and told you that he had lost his wife? FREY: Yes. HARRIS: Prior to the formal, did you have another discussion about trust? FREY: Not again at that point. HARRIS: At some later point in time did it come up again? FREY: Yes. HARRIS: Going back to the formal talk about the 14th, you, did the two of you, you and the defendant, pick up Saki and take her to the party? FREY: Yes. HARRIS: And would seeing the pictures, she sat in the back seat, you two sat in the front? FREY: Yes. HARRIS: Where was the party at? FREY: In the World Sports Cafe in Fresno. HARRIS: When you, did you have a good time at the party? FREY: Yes. HARRIS: How was the defendant's behavior while he was with you at the party? FREY: I am sorry, can you repeat the question? HARRIS: How was the defendant's behavior while he was with you at the party? FREY: I'm not sure how to answer your HARRIS: Was he ever affectionate? FREY: Yes. HARRIS: We have seen the photographs where you are sitting on his lap? FREY: Yes. HARRIS: Did it appear to you from his behavior that your relationship was blossoming at that point in time? FREY: I would say so. GERAGOS: Objection. Vague. Calls for speculation. JUDGE: Overruled. I think she can answer that. You can answer that. FREY: I would say so, yes. HARRIS: At the end of the party you took Saki home. You were back at Saki's home after the formal and took those pictures, correct? FREY: Yes. HARRIS: So you dropped her off. Where do you and the defendant go after you drop Saki off? FREY: To my house. HARRIS: And were you intimate with the defendant at that point in time? FREY: Back at my home? HARRIS: Yes. FREY: Yes. HARRIS: Was there something different about the intimacy at that point in time? FREY: Yes. HARRIS: What happened? FREY: Early morning we had been together unprotected. HARRIS: Unprotected? FREY: Yes. HARRIS: After you were intimate in this unprotected fashion, did a conversation happen about children? FREY: Yes. HARRIS: Can you tell us about that conversation? FREY: Yes. HARRIS: What did the defendant say? FREY: Well, immediately he, well, not immediately. But I guess when we were together he apologized for, that it wasn't fair, that we had just engaged in unprotected relations. And at that point we were talking about a few different subjects, one being birth control methods, as well as having other children. HARRIS: And when, the conversation turned to having other children? FREY: Yes. HARRIS: The defendant was aware of your daughter Ayiana? FREY: Yes. HARRIS: So you are talking about other children. Did you indicate if you wanted to have more children? FREY: Yes. HARRIS: What was the defendant's response? FREY: For himself, and being with me, he didn't feel that he needed to have a biological child. That if he were together with me and with Ayiana, that he would consider her his own, and raise her together as his. HARRIS: Since, you had been talking about birth control as part of that? FREY: Yes. HARRIS: Did he say anything in terms of what he wanted to do in terms of birth control? FREY: Yes. HARRIS: What did he say? FREY: He brought up the discussion of vasectomy. HARRIS: He indicated that he wanted to get a vasectomy? FREY: Yes. Or would consider, versus me taking having the burden of taking birth control pills. HARRIS: Did you react to that, or comment to him about having a vasectomy? FREY: Yes. HARRIS: What was the conversation? FREY: I felt that that was a permanent birth control method, and had concerns about that him being young, and to make a decision that permanent was disturbing to me. HARRIS: Did he ever, during this conversation when you were talking about having children, or birth control, or vasectomy, did he ever mention anything about having a child on the way? FREY: No. HARRIS: Ever mention anything about having a child? FREY: No. HARRIS: Did he spend the entire night on the 14th? FREY: Yes. HARRIS: Did he leave on the 15th? FREY: Yes. HARRIS: When he was leaving on the 15th, did he indicate to you if he had any plans to go somewhere? FREY: Yes. HARRIS: Where did he indicate he was going? FREY: He had some business to take care of before he was going to leave on his long trip for the holidays. HARRIS: A long trip. Is this the one that you were somewhat describing earlier? FREY: Yes. HARRIS: Before he left did you give him something? FREY: Yes. HARRIS: What did you give him? FREY: A card. HARRIS: Was there, what type of card? FREY: It was a Christmas card. HARRIS: Was there anything with it? FREY: A picture. HARRIS: Picture of who? FREY: Myself and my daughter. HARRIS: When you, did you give this to him as he was 8 about to leave? FREY: Yes. HARRIS: And did you discuss about how long he was going to be away? FREY: Yes. HARRIS: Did he tell you whether he was going to come back? FREY: Roughly around the time, yes. HARRIS: What was the rough time that he told you he would be coming back? FREY: End of January. HARRIS: When he said he was coming back the end of January, did you, did you discuss future plans, or anything that involved the two of you? FREY: On that particular date? HARRIS: At that particular date. Let me try it a different way. Did you continue, even after he left on the 15th did you continue to communicate with him by phone? FREY: Yes. HARRIS: And during those calls, did you have conversations about future plans? FREY: Yes. HARRIS: You had mentioned something about a later conversation about trust. Did you have a conversation with the defendant about you trusting something for you and Ayiana, something he was going to decide? FREY: Yes. HARRIS: What was that conversation? FREY: That conversation took place after I had brought up discussions about Shawn Sibley, and that was on December 14th. I had asked him if I could trust him with my heart. And at that point he told me I had the answer to that. And he talked about living, seeing me living a certain lifestyle, as he had a certain lifestyle that he lived. And, at one point, he had hoped that there would be a day that he was, if he were to make decisions that would affect my daughter and myself, that I could say yes without question. And I questioned him again about trusting him with my heart. And, again, I was to have that answer, that I knew what that answer was. HARRIS: That's what he was saying to you FREY: Yes. HARRIS: I don't want to jump around too much. But the card and the photograph that you gave to the defendant on the 15th FREY: Yes. HARRIS: Did you ever see that again? FREY: Yes. HARRIS: How is it that you saw it again? FREY: He mailed it back to me. HARRIS: And was there other things with it when it came back? FREY: Yes. HARRIS: What was with it? FREY: The photo and another card, and photo and a letter from him. HARRIS: Like to have marked at this time People's next in order, and its contents. JUDGE: Number 194, envelope and contents. HARRIS: Miss Frey, I'm going to show you what's been marked as 194. As we go through this, take the envelope from the inside of that out. Do you recognize the big envelope that I just pulled out of 194? FREY: Yes. HARRIS: And is this the envelope that you received from the defendant with the card back inside of it? FREY: Yes. HARRIS: So it was addressed, has your name. It's addressed to you? FREY: Yes. HARRIS: Inside of this envelope, pull out this particular card here. Do you recognize that particular card? FREY: Yes. HARRIS: And what is that particular card? FREY: was the card I gave to him on December 15th. HARRIS: And is this envelope, does it have some writing on it? FREY: Says "Scott". HARRIS: Who wrote that? FREY: I did. HARRIS: And that's a card you gave to him on the 15th? FREY: Yes. HARRIS: Is the card still inside? FREY: Yes. HARRIS: If you would go ahead and pull that out. Do you recognize that card? FREY: Yes. HARRIS: And is there anything inside the card? FREY: Yes. HARRIS: What's inside the card? FREY: A picture of myself and my daughter. HARRIS: Go ahead and put this up on, leave those right there for now. So inside the envelope that was sent to you was this particular envelope that you had given to the defendant? FREY: Yes. HARRIS: Inside of that was this Christmas card? FREY: Yes. HARRIS: And inside that, this is the inside of the card? FREY: Yes. HARRIS: What does the inside of the card say? FREY: "To my love. I'll be keeping you close to my heart. With love, Amber." HARRIS: Inside the car you placed this photograph? FREY: Yes. HARRIS: That photograph is a photograph of you and your daughter? FREY: Yes. HARRIS: Now, you told us that he leaves some time that morning on the 15th. And do you recall when it was that you next had contact with the defendant? FREY: The next that I recall was the message. HARRIS: And so that's the next day? FREY: Yes. HARRIS: You indicated message? FREY: Yes. HARRIS: So you had told us earlier how your messages worked. Had the defendant called your phone and left a message on your voicemail? FREY: Yes. HARRIS: Do you recall what he was saying? FREY: Yes. HARRIS: We talked a little bit about you contacting the Modesto Police Department at some point in time? FREY: Yes. HARRIS: We'll get to that in a bit. But when you did contact them, did you actually play that message that was on your voicemail for them? FREY: Yes. HARRIS: To your knowledge did they make a recording of your voicemail of that particular message? FREY: Yes. HARRIS: At this time if I can have marked next in order two exhibits, two binders. JUDGE: 195. HARRIS: Like to have the one binder marked with one number and its contents. JUDGE: That will be 195, binder and contents. HARRIS: Start with, these are CDs that go A through U. There are two recordings that take two CDs, so there is a T1, T2, and S1 and S2. HARRIS: Then we have transcripts which have now been marked as 195. Each transcript at the bottom has a letter at the bottom that goes A through U, corresponding to the CDs. JUDGE: All right so 195 is the binder and contents, which are the transcripts. 196 are the CDs A through U. HARRIS: Yes. JUDGE: All right. HARRIS: Miss Frey, I'm going to show you what I have here. Start with 195. This is a binder with transcripts. Open it up so you can see the transcripts inside. Do you recognize these transcripts? FREY: Yes. HARRIS: Prior to coming to court, did you listen to the recordings and review the transcripts to see if the transcripts accurately, as best as possible, kind of present what the recordings are? FREY: Yes. HARRIS: And for each of these transcripts, did you initial those that you have reviewed? FREY: Yes. HARRIS: And are these particular ones, A through U here, ones with your initials on them? FREY: Yes. HARRIS: Showing you 196. These are CDs. Did you record these, some of these conversations on audiotape, then they were converted to CDs? FREY: Yes. HARRIS: The CDs, have you listened to them and initialed those that you recognize the conversations? FREY: Yes. HARRIS: These are conversations of messages that were left for you, or conversations that you participated in? FREY: Yes. HARRIS: And do these CDs of these conversations correspond to the transcripts? FREY: Yes. JUDGE: are they true and accurate, reflecting what's in the CDs, and what's in the transcript? FREY: Yes. Binder and Contents Okay. HARRIS: Miss Frey, what I'd like to do right now, that message that was left for you on the 16th – GERAGOS: What's the number? HARRIS: That would be 196A. GERAGOS: A. JUDGE: That transcript is one page? HARRIS: Yes JUDGE: Not even a page. Half a page. HARRIS: Correct. What we'd like to is play the particular, the particular recording at this time. JUDGE: Go ahead. HARRIS: Wonders of technology. We have a backup plan. Put it on the computer. GERAGOS: Just have my client read the transcript. JUDGE: No. We can have, the jury can read it. My suggestion would be that they could just read it if you want, if you are having trouble. DISTASO: I think it will play, judge. JUDGE: Do you think it's going to play? DISTASO: All right. (196A played) HARRIS: Miss Frey, was that a voice message that the defendant left for you on December 16th? FREY: Yes. HARRIS: When you received messages from the defendant, did you usually call him back? FREY: Yes. HARRIS: During the time period that we're now in to, around December 16th, after he was, he told you he was going on this trip, were all of your communications, or majority of your communications by phone at that point in time? FREY: Yes. HARRIS: Were there a number of times where you would call and leave – GERAGOS: Objection. Compound as to that last question. JUDGE: Overruled. You can answer it. Ask the question. HARRIS: Were there a number of times where you called and leave a message for him? FREY: Yes HARRIS: Was there a number of times that he would call and leave messages for you? FREY: Yes. HARRIS: In this communications, talking to each other, did you end up sometimes leaving more messages than conversations? FREY: At times. HARRIS: Now, so did you call him back after the 16th, after this particular message? FREY: Most likely, yes. HARRIS: Do you remember when it was after the 16th was the next time that you talked to him on the phone? FREY: The 17th HARRIS: And when you talked them on the 17th, do you remember the content of the phone calls at all? FREY: Yes. HARRIS: What did you talk about on the 17th? FREY: I had left a him a message in the morning about something that had happened to me that I was very upset about, and was needing to talk to him about this particular event that had happened to me. HARRIS: Did he call you back? FREY: Yes. HARRIS: And did you actually get to talk to him? FREY: Yes. HARRIS: Did you share with him what this event was that had happened? FREY: Yes. HARRIS: After the 17th, did you continue to talk to the defendant? FREY: Yes. I want to say it was the 19th. Previous to that we had spoke, but I don't recall exact conversation. Just particularly this one. If there is, I don't have a calendar in front of me. I believe it was the 19th, if that was a Thursday in December. HARRIS: So on the 19th, again we're progressing, did you FREY: Yes. HARRIS: And do you recall the content of that conversation? FREY: Yes. That was the one I was previously talking about. HARRIS: When you are saying before it was the 17th, you recall it to be the 19th? FREY: I believe so. HARRIS: After that particular conversation, did you continue to talk to the defendant? FREY: Yes HARRIS: When you would talk to the defendant, what would you talk about? FREY: Many different topics. HARRIS: Did he tell where you he was at? FREY: He was in New Mexico or Arizona at the time. HARRIS: And did he, did you kind of keep in touch with him almost on a daily basis? FREY: Almost. Not quite every day. HARRIS: As this progressed, did he keep telling you where his location was at? FREY: Yes. HARRIS: So as we go forward from the 19th, do you recall if you talked to him on the 20th? FREY: I don't remember. HARRIS: Now, again, we have mentioned before that the Modesto Police Department ultimately talked to you after you contacted them. FREY: Uh-huh. HARRIS: Did you provide them with your phone records? FREY: Yes. HARRIS: And the cellular phone bill which listed all of your calls, you provided that to them? FREY: Yes. HARRIS: Going back to the phone conversations, at some point in time did the defendant tell you he was supposed to be in certain places around the holidays? FREY: Yes. HARRIS: And if you can explain that for us, what did he say? FREY: I'm not sure of your question. HARRIS: Did he tell you, going to the 22nd, did he say where he was going to be on the 22nd? FREY: He was leaving Sacramento Airport to fly to meet his parents, his mother and father in Ken, in Maine. HARRIS: He gave you a particular location that he was going? FREY: Yes. HARRIS: Did he tell you when he was supposed to be leaving? FREY: On that conversation he was getting ready to leave from the airport. HARRIS: Did he say when or how long he was going to be in Maine? FREY: Yes. HARRIS: How long did he say he would be in Maine? FREY: Until the 28th, when he would be flying out to go to Paris for the New Years. HARRIS: Did he say what he was going to be doing in Maine? FREY: He was going to be with his mother and father. HARRIS: Didn't give you any more specifics? FREY: Just spending Christmas together. HARRIS: The 23rd did you talk to the defendant? FREY: Yes. HARRIS: Do you remember that conversation? FREY: Yes. HARRIS: What did you talk about on the 23rd? FREY: We talked about, I believe that was the day he was, he told me he was going to be going on a tour, guided duck hunt with his father and a tour person. They were on their way at that point in a vehicle. HARRIS: Do you remember what time of day it was that he called you? FREY: I believe it was in the morning. Morning, earlier day. HARRIS: As he was telling you what his plans were, was this something he was describing as like it was happening at that time? FREY: Yes. HARRIS: And he was describing that he was in Maine, he was going to go on some tour? GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: Did he tell you if he was going to go duck hunting? FREY: Yes. HARRIS: And did you talk about mail, or if you could send him anything? FREY: Yes. I had asked him earlier in conversations about if I were to want to send him something, how would, where would I send it, or how would I go about sending him something? And on that particular day, as I recall, he had said he had, for me to get a piece of paper, that he wanted me to write down something, which was a P. O. Box number that I could send him mail to, and they would get it to him at some point via e-mail through the Postal Service. HARRIS: Did you really understand what he was talking about at that point in time? FREY: Not really HARRIS: Did he give you an address? FREY: Yes. HARRIS: And ultimately did you send something to that address? FREY: Yes. HARRIS: You described for us earlier the envelope that was at some point in time sent back to you? FREY: Yes. HARRIS: In that envelope did you find another card that you recognize? FREY: Yes. HARRIS: And what was that card? FREY: It was a card with another photo that I had sent in January. HARRIS: And that particular card, did you send it to any particular address? FREY: Yes. The P. O. Box number that he had given me in December. HARRIS: Let me show you, this is again going back to People's 194. I'll take out of that envelope a card, see if you recognize this. FREY: Yes. HARRIS: Is this particular card the card that you are referring to? FREY: Yes. HARRIS: What is the address, Post Office Box that he gave you? FREY: PMB 290, 1811 H Street, Suite B5, Modesto, California, 95354. HARRIS: And did you, this is the envelope that you put the card in that you mailed to him at that address? FREY: Yes. HARRIS: Does it have the card inside? FREY: Yes. HARRIS: Is that the card? FREY: Yes. HARRIS: And inside the card was there, you mentioned there was something you sent? FREY: A picture. HARRIS: And who is depicted in the picture? FREY: My friend Shawn Sibley, my daughter, and myself. HARRIS: If I can go ahead and have those. Putting up on the display, this is the envelope that we're referring to? This is the envelope that you were just describing? FREY: Yes. HARRIS: This is the card that was inside? FREY: Yes. HARRIS: This is the inside of the card? FREY: Yes. HARRIS: Last is the photograph that you put inside the card? FREY: Yes. HARRIS: Did you have further conversations with the defendant on the 23rd? FREY: Yes. HARRIS: When you had these further conversations, did the conversation turn back to a discussion that you had previously had? FREY: Yes. HARRIS: What was the discussion that came up again? FREY: A doctor's appointment regarding birth control pills. HARRIS: And when you talked about that, did vasectomies come up again? FREY: Yes. HARRIS: Did the defendant say anything, something about that? FREY: Yes. HARRIS: What did he say? FREY: He said that, well, the conversation about me taking birth control pills was that I told him I had a date that I could meet with my doctor to take to take birth control pills. And I discussed, well, since you are going to be gone for this timeframe, be good time to begin, if that was something we agreed to do. And he brought up the vasectomy again. And that that was something that we could set a date to do together, to meet with a doctor. And at that point we could discuss different things regarding the vasectomy, whether it was permanent, reversible, and just the options. And at the point I was a little upset about the conversation, and just the fact that I felt that that was so permanent, and that that was something, children was something that I still wanted more to be a part of my life at that point. And he assured me that, or not to cry, and that he wished he could be there to comfort me. And it was a very upsetting conversation. So we directed our conversation to something else at that point. HARRIS: The next day is the 24th? FREY: Yes. HARRIS: Did you hear from the defendant at all on the 24th of December? FREY: Not that I recall, no. HARRIS: Did you hear from him on the 25th, Christmas Day? FREY: Yes. HARRIS: Did you call him or did he call you? FREY: I believe both. HARRIS: Did you ultimately make a connection with, were you able to communicate? FREY: Yes. HARRIS: Tell us about, that was more than one conversation on the 25th? FREY: Yes. There was a conversation in the earlier part of the day, and also in the evening. HARRIS: Let's, do you remember what happened during the first conversation of the day? FREY: Not specifically. But that I would talk to him later that evening. HARRIS: And did you, or he, someone called, and you got together again that night? FREY: Yes. I had attempted to call him in the evening and left a message, and I was not at home at that time. I was out at Shawn Sibley's uncle's house at the time. And he saw that I was a little upset, that I hadn't heard from him. He called him from my phone, meaning Scott Peterson, left him a message. The message was basically that you don't call a young lady on Christmas and tell her you are going to call her on Christmas and not call. And shortly after that Scott returned my call. HARRIS: When you were saying he, let me just go back through this. You said, "He". Who was it that made the call? FREY: Doug Sibley, Shawn's uncle. HARRIS: Who did Doug Sibley, who did he call? FREY: Scott Peterson. HARRIS: And you gave him the number, he took your phone? FREY: Yes. HARRIS: So after that call was made, did you hear back from the defendant? FREY: Yes. HARRIS: And this is on the 25th? FREY: Yes. HARRIS: Did you have a conversation with him at that time? FREY: Yes. HARRIS: Tell us about that conversation. FREY: The conversation was, it was about eight or nine, some time in my time. There was a time difference. So I believe it was later for him in Maine. And they were, I guess, getting ready to go to bed, is what he was telling me. I heard a woman's voice in the background. And he said his mother was coming down. And came, I guess that was going to sit beside him. And the woman had said something. He said that he was having discussions, or he was talking. And then there was another discussion, not to me, on the phone. And then when he returned back to me, he said that he felt, he felt bad, because his mother had asked if he could sit down. And he told her no. He said she had a sad look on her face. And I felt bad that he told her that she couldn't sit down next to him. And what I recall before the conversation ended, we were talking for some reason about children's songs. And the particular song that we were talking about was a nursery rhyme about five little ducks that go out to play. And that was something he said when we saw each other again, that was the first thing he wanted me to do was to sing that song for him HARRIS: The little ducks? FREY: Yes. HARRIS: Did you talk to, judge, I don't know if it's – JUDGE: We'll take the recess at minutes to three. Do you want to go on? We'll take the recess. That's all right. All right, we'll take the recess, afternoon recess, until five minutes to three. Remember the admonition. <recess> HARRIS: Ms. Frey, we were talking about the 25th, that there was any phone calls on the 25th, and you told us about a general call in the morning, and indicated that there was a call later that evening? FREY: Yes. HARRIS: When you talked to the defendant that evening, what was that conversation about? FREY: To repeat what I already talked about? HARRIS: Did you, had you pretty much gone through that entire conversation? FREY: I believe so, yes. HARRIS: Now, the next day, did you talk to the defendant again? FREY: I believe I tried getting a hold of him, but I don't believe I was successful in doing so. HARRIS: So we're talking about the 26th? FREY: Correct. HARRIS: Did you, how many times would you say, if you remember, that you tried to reach him that day? FREY: Several. HARRIS: So that would be more than one? FREY: Yes. HARRIS: Less than ten? FREY: Yes. HARRIS: Why was it that you were trying to reach him what seems a large number of times in that particular day? FREY: I was trying to get a hold of him about a package that I had received from him. HARRIS: And what type of package was this? FREY: A package for Christmas. It was delivered to my home. HARRIS: And who was it from? FREY: Scott Peterson. HARRIS: So you had received a package and you were trying to call the defendant about the package? FREY: Yes. HARRIS: Did you open it up? FREY: Yes. HARRIS: What was it? FREY: It was a, like a Star Theater planetarium type, I don't know what you call it. HARRIS: Now, this Star Theater planetarium thing, is it something that projects light through it? FREY: Yes HARRIS: And when the light goes through it, what does it project, or what does it display? FREY: The stars. HARRIS: On the ceiling? FREY: On the ceiling, yes. HARRIS: Somewhat reminiscent of the time that you were watching the stars with him? GERAGOS: Objection. Leading JUDGE: Sustained HARRIS: Was there any, any materials that came with this that indicated who it was from? FREY: Yes, there was an invoice that it was sent, or to be sent to me from Scott from an address. All I recall from it was Emerald Street from Modesto. And it wasn't for some time on the piece of paper, later, that there was a message at the very, at the very bottom of it, it was in very small print, but, it was in Spanish, but I didn't know it was in Spanish until later when he translated it for me. HARRIS: Let me go through this. Could I have this marked next in order. JUDGE: 197. HARRIS: And envelope and its contents. Counsel has already seen it. HARRIS: Ms. Frey, let me present to you 197, specifically the contents of this envelope. Ask if you recognize this particular invoice. FREY: Yes. HARRIS: And is this the invoice that you have been referring to? FREY: Yes. HARRIS: Does it have a "ship to" address on there? FREY: Yes HARRIS: And that was to you? FREY: Yes. HARRIS: And it was a bill to or who it's from address? FREY: Yes. HARRIS: Does it indicate a name? FREY: Yes. HARRIS: Whose name is that? FREY: Scott Peterson HARRIS: Now, you were indicating there was an Emerald address on there. Do you see that on there? FREY: Yes. HARRIS: What was the Emerald address on the, on the invoice there? FREY: 1027 North Emerald, B 1, Modesto, California 95351. HARRIS: Now, you were saying down at the very bottom there was some kind of message? FREY: Yes. HARRIS: And do you see that message down there? FREY: Yes. HARRIS: Let me go ahead and have this projected. Now it's somewhat difficult to see, but is there a message in Spanish that was on the bottom of it? FREY: Yes. HARRIS: And you indicated that you had somebody translate that for you. Who was that that translated that for you? FREY: Scott. HARRIS: Scott was the one that sent the message to you? FREY: Yes. HARRIS: What did he tell you this message in Spanish meant? FREY: I don't recall exactly. Something To my girls, and, something about Angels and To my girls, and The first star. I don't remember specifically. HARRIS: Now, on the 26th, were you able to reach him? FREY: I'm sorry? HARRIS: Were you able to reach the defendant on the 26th? FREY: I don't remember if I actually spoke to him or not. HARRIS: Now, you, let me just go back through this, since you indicated you don't remember. FREY: Yes. HARRIS: Were there a lot of phone calls between you and the defendant? FREY: Yes. HARRIS: And at some point in time we were talking about earlier, these phone calls started being recorded – FREY: Yes. HARRIS: for the Modesto Police Department; is that correct? FREY: Yes. HARRIS: Now, prior to you doing that for the Modesto Police Department, did you have any recordings? FREY: I'm sorry? HARRIS: Prior to making these recordings for the Modesto Police Department, did you have any recordings of his phone calls? FREY: The only one that he had left on my voice mail. HARRIS: That was the one from the 16th? FREY: Yes. HARRIS: So when we're talking about the dates, is this your best recollection of the number of phone calls or the dates that these phone calls occurred? FREY: I'm not sure of your question. HARRIS: When you're, when you're describing specific dates FREY: Yes. HARRIS: is this your best recollection? Or have you gone back and looked at some of your phone records? FREY: Yes. You asked two questions. GERAGOS: Be an objection. It's compound. JUDGE: It is compound. HARRIS: Did you JUDGE: Sustained. HARRIS: Did you look at your phone records? FREY: Yes. HARRIS: Did that help refresh your recollection about when the phone calls took place? FREY: Yes. HARRIS: So were, you're saying on the 26th you weren't sure if you got through to him. The very next day, on the 27th, was there any communication? FREY: Yes. HARRIS: Did you actually talk to him? FREY: Yes. HARRIS: What was that, what happened with that conversation? FREY: I had called his cell phone, and I was surprised he answered. It was kind of a Hello, hello, and there was a hang up. So I called again. And he answered, and I was surprised that I, no, that was a different, I believe that was the next day. HARRIS: Well, let me back up for a second. So around this time he had told you that he was going to be in Maine, he has told you FREY: Yes HARRIS: about this particular duck hunting, and he told you he had plans to go to Europe; the big trip I believe you described it? FREY: Yes. HARRIS: Did you know when he was leaving for this big trip? FREY: On the 28th HARRIS: And when you called on, on the 27th FREY: I believe at that point he was in Boston. HARRIS: . He had indicated he was going to be in Boston? FREY: That he was in Boston. Going to be taking a flight from Boston to Paris. HARRIS: So you called. Does he answer? FREY: Yes. HARRIS: And that's when this was happening about that Hello, hello? FREY: I believe it was the next day that, that that happened. I'm a little unclear on my recollection, sorry. HARRIS: Without going through in terms of the exact dates, then FREY: Yes. HARRIS: was there a time where you thought he was going to be taking a flight from Boston to New York FREY: Yes. HARRIS: that you recall? FREY: Yes. HARRIS: And were you surprised that he answered the phone? FREY: Yes. HARRIS: Why was that? FREY: Because at that point he was supposed to be leaving from New York, and he was supposed to be in, in the airplane, going to Paris. So I assumed I would just be leaving him a message on his phone, that his phone wouldn't be working in the air. HARRIS: So he answers the phone? FREY: Yes. HARRIS: Do you talk to him? FREY: Yes. HARRIS: What does he say about not being on the plane? FREY: That there was a delay and that he had spent the day in New York. And I was upset that I, that he hadn't called me in the morning to let me know that, seeing as how he had spent the day in New York and he wasn't in his travels yet, so that every other, the other time frames were going to be delayed as far as when he arrived and when we were going to speak again. HARRIS: Did he tell you when you would talk again next? FREY: Yes. HARRIS: When did he tell you that you would be able to talk again? FREY: At that point it was going to be in a couple hours. HARRIS: And where did he say he would be? FREY: He had said that, because of the delay, that the airport had comped him some gift certificate, or a hundred dollars, and he chose to get a massage and a meal. And so he was going to be going in for a massage at that point. HARRIS: Did you, from what he was telling you, all of the different things that he was saying, did, did you start to become suspicious? FREY: Yes. HARRIS: When was it or what was it that kind of triggered this suspicion? FREY: The first time that I had, the, the first time for me? Or in this particular conversation? HARRIS: Let's back up. When was it that you first became suspicious of, of something? FREY: When he gave me a P.O. Box number in Modesto, with a Modesto address, when he was going to be overseas. HARRIS: And then you said something about this particular conversation. Were you, did you also become suspicious during this conversation on the, whatever that date was, the 27th, 28th? FREY: Yes. HARRIS: What was it about that? FREY: That I was having trust issues in regards to his whereabouts. And I apologized to him for feeling this way. He assured me not to and that he should be more sensitive to my feelings and that he should have been more considerate and called me, and he apologized for that. And I brought up in our earlier conversation about him and I that, about our relationship and that, you know, why would he go through this trouble of telling me, you know, that he was monogamous and there was nobody else and that to assure me that there was a future together. And again he apologized for making me feel this way, and it was understandable, and he would work at being more sensitive to my needs, and... HARRIS: Okay. Now, when he's having this conversation with you and he's apologizing to you about your, your feelings at that point in time, where was he telling you he was at? FREY: In New York. HARRIS: Did you talk to him after that? FREY: Yes. HARRIS: When was the next time you talked to him? FREY: When he said he would call again, in two hours. HARRIS: Did he call you back in two hours? FREY: Yes HARRIS: Where did he tell you he was then? FREY: Getting ready to take his flight. So he was at the airport. HARRIS: So he was indicating that he's in New York still? FREY: Yes. HARRIS: Was this a short or a long conversation? FREY: It was short. HARRIS: Okay. Now, when you were, when you were calling him, you're calling the number that he had given you way back on your original date? FREY: At one point he had given me another cellular number that, when he did go on his travels. I don't know if it was he had a better plan or it had an international plan on there so that he would be able to be taking calls from that. So I don't recall if it was that number at that particular time or the one that I had always spoke to him on from the beginning. HARRIS: Okay. So that we're clear about this, at some point before his, the big trip FREY: Yes. HARRIS: overseas, he had given you a second cellular number? FREY: Yes. I believe, yes, it was on that Monday he came to my home on the 9th that he had written it on a piece of paper and left it with me. HARRIS: And you had called one or the other of these cell phone numbers to try to reach him? FREY: At that time, after he left for his travels, yes. HARRIS: So we've, we've gone forward to about the 28th. Even after he had talked to you and apologized about how you were feeling, were you still having trust issues? FREY: Yes. HARRIS: Did you try and do anything at that point in time, on the 28th? FREY: Yes. HARRIS: What did you do? FREY: I had, after church that day I had picked up some photos, or dropped off, excuse me, dropped off some photos at the Rite Aid, and I had called a friend of mine that wasn't in. And as I was leaving the store from dropping off the film he returned my call and said he was home and his roommate was home and to stop by. So I stopped by. And his roommate had addressed me to, or about something or, a conversation that I had had with my friend about some mistrust issues or some 2 things that had occurred between Scott and I in different conversations, and he said So you think GERAGOS: Objection. Hearsay JUDGE: Well, first of all, it's non-responsive and a narrative answer. And then, if it's being offered for the truth, it's hearsay. If it's being offered for circumstantial evidence of her state of mind, let's, you've got two issues there. HARRIS: Go through this question by answer. FREY: Okay. HARRIS: As, as we're getting, you know, the 28th, 27th, 28th, 29th area, were you expressing some concerns about this individual to some of your friends? FREY: Yes. HARRIS: And did you go and talk specifically with, about, about the defendant with somebody? FREY: Yes. HARRIS: Was there a party, just kind of, not shifting gears, but go into something else. Was there a party that you were going to around the 29th? FREY: Yes. HARRIS: Whose party was that? FREY: Nia Sibley. HARRIS: I'm sorry, who? FREY: Nia. HARRIS: Did you go to that party? FREY: Yes. HARRIS: Was Shawn Sibley there? FREY: Yes. HARRIS: When you were at that party, did you receive a phone call from this friend that you had been expressing some concerns to? FREY: Yes. HARRIS: And did that friend provide you with any information? FREY: Yes. HARRIS: After that friend provided you with information on the 29th, what did you do? FREY: I continued other conversations that I was having with, at that time at the party, and I was to, or possibly me receiving another phone call from this friend. HARRIS: And so did this friend call you back? FREY: Again later. Again that evening, yes. HARRIS: And after that particular phone call, did you take some course of action? FREY: Yes. At that point I called the Modesto Police Department. HARRIS: So after your friend had talked to you and provided you whatever this information was, on the 29th, how long after you received that before you called the Modesto Police Department? FREY: Immediately. HARRIS: When you say "immediately," are we talking hours? FREY: No, it was immediately after I hung up the phone, I immediately dialed the Modesto Police Department number that was provided for me. HARRIS: Now, the person that provided you this information, this friend that provided that information, what is that person's name? FREY: Richard Byrd. HARRIS: Do you remember about what time it was that Mr. Byrd had provided you this information, this last information that you then immediately called the Modesto Police Department about? FREY: It was, from what I remember it was about 1:00 o'clock in the morning. It was late. HARRIS: So 1:00 o'clock in the morning. We're really, now, talking about the 30th? FREY: Yes. HARRIS: Was Shawn Sibley still there? FREY: Yes HARRIS: When you, when you immediately called the Modesto Police Department, what did you say? What, did you tell them something? FREY: Dispatch, a female dispatcher answered the phone, and I wasn't sure exactly what to say. I said I was calling about a person and I wasn't sure if it was the same person and if they can confirm for me if it was. And there was some delays of, from the dispatcher. I gave the information that I had. His name, his birthdate, his age, type of business. HARRIS: Let me just stop you for a minute. FREY: Yes. HARRIS: When you say you gave them information about this person, who are you talking about? FREY: Scott Peterson. HARRIS: So you're talking to the Modesto Police Department dispatcher, saying I have information about Scott Peterson – FREY: Well, I HARRIS: You can go ahead and answer. FREY: I'm sorry. I wasn't sure if it was the same Scott Peterson, so I was wanting a confirmation from them. And they asked what information I had. I said Well, if it, I don't know what information I can give to you unless you confirm to me it's the same person. And after some time, they, she finally did confirm that it was. And I proceeded to tell this woman that I was seeing Scott Peterson and he was telling me that he was in Paris at the, or Europe at the time, and proceeded just to discuss our relationship, basically, to, to this dispatcher. HARRIS: Did you finish the conversation with the dispatcher? FREY: She said that, yes. She, yes. HARRIS: Did anybody call you back right away? FREY: No. HARRIS: Did some time pass? FREY: Yes. HARRIS: What did you do? FREY: That morning I called the Modesto Police Department back from Shawn's, or, actually, it was Doug Sibley's home line, and I reached another dispatcher at that time. HARRIS: Did you start to tell them or explain to them the same information? FREY: Yes. And I was told that Al Brocchini would be calling, and I hadn't heard from him yet at that time. HARRIS: Did you call back again? FREY: That, this is the particular time. I, I had called early in the morning of the 30th, and again that morning. HARRIS: So let me just go, how many times total did you call trying to reach somebody at the Modesto Police Department to share your information? FREY: Twice. HARRIS: The second, second time that we're talking about, did somebody ever get on the phone with you? FREY: Yes. Detective Brocchini was passing behind this woman and took the phone from her at that point. HARRIS: And did you talk to Detective Brocchini that morning? So you were talking about the 30th? FREY: Yes. HARRIS: After you talked to him that morning of the 30th, did you ever see or meet him? FREY: Yes. HARRIS: How long from the phone call that morning of the 30th before you saw or met Detective Brocchini? FREY: It was within a two hour time frame. HARRIS: Was he by himself? FREY: No. HARRIS: Who was with him? FREY: Detective Jon Buehler. HARRIS: When Detective Brocchini and Buehler came to talk to you, did you explain to them that you knew Scott Peterson? FREY: Yes. HARRIS: And at the time that they were there, let me back up. Before Richard Byrd had passed information on to you, did you know the defendant was married? FREY: No. HARRIS: Did you know that he had a wife by the name of Laci? FREY: No. HARRIS: Did you know that his wife was missing? FREY: No. HARRIS: So, after you get this information, you call the police? FREY: Yes. HARRIS: And the detectives come to see you. Do you tell them about your relationship with Scott Peterson? FREY: Yes. HARRIS: Do you show them anything to verify this? FREY: Yes. HARRIS: What do you share with them? FREY: Photos. HARRIS: And these are the photographs that we were looking at earlier? FREY: Yes. HARRIS: Do you give those photographs to the detectives? FREY: Yes. HARRIS: And from what you recall, they collected them at that point in time, kind of took them with them? FREY: Yes. HARRIS: Did they ask for your cooperation? FREY: Yes. HARRIS: So at the time that you're talking to the Modesto police detectives, were you still waiting to hear from the defendant? FREY: Yes. HARRIS: And this is when he said he had been, he was going to be flying to Europe? FREY: Yes. HARRIS: Did they ask you, did the detectives ask you to do something with regards to the conversations that you might be having with the defendant? FREY: Yes. HARRIS: What did they ask you to do? FREY: They asked how I felt about possibly, they asked how I felt about tape recording conversations between Scott and myself. HARRIS: Did you agree to do so? FREY: Yes. HARRIS: Did they provide you with any equipment? FREY: Yes. HARRIS: What was it that they provided you with? FREY: A tape recorder, and later a device to hook up to the phone and recorder. HARRIS: Some, like, little cord device so you can use the recorder? FREY: Yes. HARRIS: Did you also play for them that December 16th voice mail? FREY: Yes. JUDGE: Before we leave the subject, Mr. Harris, on the 196 A through U, you've only identified FREY: Is that by design? HARRIS: We're – yeah JUDGE: I just want to before, go ahead. HARRIS: We're going to be getting to those. JUDGE: All right. HARRIS: The, so the detectives are there. They give you the tape recorder. They show you how to use it? FREY: Not at my home. HARRIS: And so how do you, how do you go about recording these, these phone calls? FREY: I went with Shawn and we met them at a nearby Radio Shack, and they purchased this device to hook up to a tape recorder that they had brought with them to my phone. HARRIS: Did they give you any tapes as well? FREY: Yes. HARRIS: And basically was your understanding that, if the defendant was to call you, you would, if you could, try and record the conversation? FREY: Yes. HARRIS: Now, during the time that, let me back up just for a second in terms of foundation. When the Modesto Police Department asked you to record these phone calls, from that point forward was there a number of phone calls? FREY: I'm not sure of the question. HARRIS: After you started recording the phone calls FREY: Yes. HARRIS: did you have a number of phone calls with the defendant? FREY: Yes. HARRIS: Did you have to take this recorder with you wherever you went? FREY: Yes. HARRIS: And did you have to try and record these calls whatever was going on, including driving, cooking, dealing with your daughter? FREY: Yes. HARRIS: Did you attempt to record as many of these phone calls as you could? FREY: Yes. HARRIS: Could you, did you always get it right? FREY: No. HARRIS: After you were done recording these phone calls, did you meet with the detectives, turn over the tapes to them? FREY: Yes. HARRIS: And would you tell them when these calls occurred? FREY: Yes. HARRIS: After you were provided the, this equipment to tape, do you remember when it was that the first phone call happened? FREY: Yes. HARRIS: When was that? FREY: Shortly after we were at the Radio Shack and got the unit. So that would have been on the 30th. HARRIS: So you were, you were there, and you get this tape recorder, and you get a call from the defendant? FREY: Yes. HARRIS: Were the detectives still there? FREY: Yes. HARRIS: Do you record this conversation? FREY: Yes. HARRIS: Going to 195B, Miss Frey, looking at the transcript, which is 195B. We're now going to play 196B. (196B played) HARRIS: Was that one of the first recordings that you started to make for the Modesto Police Department? FREY: I believe there was a fumble before that one. HARRIS: And after this particular call were there a series of calls, some short calls, where, for whatever reasons, it sounded somewhat like this until you had a chance to talk to the defendant? FREY: Yes. HARRIS: Going to 195 C. JUDGE: Mr. Harris, you're getting me a little confused here. 195 is the binder and contents, which is the transcripts. HARRIS: Correct. And JUDGE: 196 are these CDs, right? HARRIS: Correct. JUDGE: I think you misspoke. You said 195C. I think you meant 196C. HARRIS: Well, actually, the transcript is 195C. JUDGE: Okay. So the transcript HARRIS: Now, going to play 196C. JUDGE: Now you're going to play the CD. HARRIS: Yes. (196C played) GERAGOS: Judge, could you give the jury the admonition of the transcript versus the tape? JUDGE: Yeah. Ladies and gentlemen of the jury, the transcript that you're seeing here is, and just to innate you, the, the, what you hear is the best evidence of what was said, okay? And that the transcript is just to assist you in deciphering what was said. HARRIS: We're now going to play, put up 195 D, which is a two page transcript, so I'll have to change it. And play 196 D. (196 D played) HARRIS: Miss Frey, that particular conversation, is that one taking place on the 30th? Or had we moved forward to, to New Year's Eve? FREY: It was his New Year's Eve. It was my, it was the 30th for me, yes. HARRIS: When the defendant would call you, try this again. When you were recording these conversations, would the phone ring and then you would have to try and identify who it was on the phone? FREY: Yes. HARRIS: And does your phone have some type of number that would display who the caller was? FREY: Yes HARRIS: And from looking at that, you could tell who the, who it was? Or who the caller number was, at least? FREY: From what I remember of the phone, yes. I don't have the phone anymore, so as I can remember, yes. HARRIS: And you would have to go through the process of, when the phone would ring, try and look at that, get your tape player, hook it up, start recording, answer the phone, and try and have a conversation all pretty much at the same time? FREY: Yes. HARRIS: Now, the defendant was, at that point in time when he was calling you, was indicating that GERAGOS: Objection. Leading. JUDGE: Well, it is. Sustained. HARRIS: Where was the defendant telling you he was at? FREY: In Paris. HARRIS: And is that part of this big trip that he had been telling you about? FREY: Yes. HARRIS: Did he tell you why he was going to Paris? FREY: He had a friend that lived in Paris that he was going to be spending New Year's before he took his big trip to Europe for business. HARRIS: And did he tell you why he was taking this business trip to Europe? FREY: So that he can make changes in his travels, in regards to his business, and be traveling less. HARRIS: So he had indicated to you before he left that he was going to change things with his business? FREY: Yes HARRIS: Did he tell you about how that would affect your and his relationship? FREY: Yes. HARRIS: What did he say? FREY: That we would be able to spend more time together. HARRIS: So he had indicated that when he came back from Europe the two of you would be able to spend more time together? FREY: Yes. HARRIS: If we can play the next transcript. Or show the next transcript, play the next tape, E. 195 and 196 E. Miss Frey, do you see at the top of this the date and time of this particular phone call? FREY: Yes. HARRIS: When does this one occur? FREY: December 31st. (196 E played) HARRIS: The phone calls that were going back and forth during this time, did you continue to have static until at some point in time in a subsequent phone call? FREY: Yes. HARRIS: Going to the next phone call, the last one we'll 3 play for today, which is 196 F. And again, is this a December 31st call? FREY: Yes. (196 F played) HARRIS: Now, this, these series of these short phone calls, did this continue somewhat throughout the evening on the 31st until sometime around midnight, your time? FREY: Yes. HARRIS: And did the defendant finally get through to you? Or did you have a conversation with him shortly after midnight? FREY: Yes. HARRIS: Was this a long conversation? FREY: Yes. HARRIS: And was this another recorded phone call at the request of the Modesto Police Department? FREY: Yes. HARRIS: Judge, this, that particular tape is lengthy. JUDGE: That's as far as you can go on this? HARRIS: Right. <evening recess>
AUGUST 11, 2004 JUDGE: Okay. Remember where you left off, Mr. Harris? HARRIS: Yes. Miss Frey, we were about to play another tape. Before we do that, I want to ask some questions. You were talking about, with us just yesterday about sharing with the Modesto Police Department your cell phone bill. You told us about the use of your cell phone. Do you recall what your cell phone number was back during this time when you turned those records over to the Modesto Police Department? FREY: Yes. HARRIS: What was your cell phone number? FREY: Area Code 559-681-4944. HARRIS: You were telling us about the two numbers that you had for the defendant. Do you recall what those numbers were? FREY: I believe so, yes. HARRIS: And do you recall what the first number was that he gave you? FREY: It was Area Code 209-505-0337. HARRIS: Do you recall what the second number was he gave you? FREY: Area Code 209-499-8247, I believe. HARRIS: Tell you what. It's been some time. If I were to show you a copy of a police report, would that help refresh your recollection with what the actual numbers might be? FREY: Yes. HARRIS: Show you what's Bates stamped 1642 from Detective Buehler, have you look at these paragraphs, see if you recognize those numbers. FREY: Yes. HARRIS: And what was the numbers that the defendant gave you? FREY: 209-505-0337 and 499-8427 HARRIS: Both of those are Area Code 209? FREY: Yes. HARRIS: Now, the time we started to play the tapes yesterday, at the time that those calls were being recorded, you said at the beginning, back, the defendant called right when the detectives were there. Did the police kind of ask you to, in a sense, play along with the defendant and still pretend that he was in Europe? FREY: Yes. HARRIS: So you wouldn't, you just didn't come right out and say GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: What did they ask you to do? FREY: They asked if I minded tape recording conversations as they were. HARRIS: Were you given any instructions how to do this? FREY: At times. HARRIS: So when the defendant would call, did you let on, or tell him, that you knew he wasn't in Europe? FREY: I'm sorry, can you HARRIS: At the part in the tapes we were listening to yesterday, some of the ones we are going to listen to today, did you let on that you knew that the defendant was not in Europe? FREY: No. HARRIS: Now, in one of the tapes we played late yesterday, there was, he's talking about the defendant was saying to you in that recording, it was his midnight, Paris time. So I want to talk about that. The actual dates and times of the recordings, is that the numbers that's at the top of the transcript? FREY: Yes. HARRIS: That's the information you wrote down, or you copied or provided to the police at the time of the calls? FREY: Yes. HARRIS: Your Honor, at this time we'd like to play one – JUDGE: G. GERAGOS: I believe it's 196-G. Transcript will be 195-G. JUDGE: You have transcripts for the jury? HARRIS: I will wait to pass that out. Since it's a long transcript, we ask Miss Frey be allowed to sit in the audience. JUDGE: Miss Frey, you can sit there, or go about your business. Just be back. Just don't go away. This is just a guideline to help you understand the tape. The best evidence of what was said and the demeanor of the participants is contained in the tape. You are the trier of fact. Please don't write on those transcripts, because they are going to, we're going to collect them when we're done. And I think that G has been already distributed to the media. (196G played) JUDGE: Miss Frey. HARRIS: Miss Frey, that particular recording that we were playing, that was your voice? FREY: Yes. HARRIS: And the other voice, that was the defendant's voice? FREY: Yes. HARRIS: Did you, after this particular phone call, shortly after midnight New Years Eve, did you continue to talk with the defendant by phone? FREY: Yes. HARRIS: Did he continue to call you, or you would call him? FREY: Yes. HARRIS: And these communications went back and forth with these numbers that we were talking about earlier? FREY: Yes. HARRIS: Did you continue to attempt to record these for the Modesto Police Department? FREY: Yes. HARRIS: What we would like to do is now play – JUDGE: H. We're going to play H. And we'll pass those out to the media. HARRIS: This will be 195-H. Playing 196-H. This one is about sixteen minutes. JUDGE: How long? HARRIS: Sixteen minutes, fifteen seconds. With the Court's permission, Miss Frey can sit in the audience. JUDGE: Miss Frey, you don't have to sit up there. You can have a seat. (196H played) JUDGE: Okay. The next one is I. But that's 23 pages long? HARRIS: Yes, it is. JUDGE: The next one is, we are going to collect those that we gave you now. The next one is People's 195-I, and that's 23 pages long. So I'm going to send you to lunch. Come back at 1:30, pick up where we left off. Remember the admonition heretofore given you. See you at 1:30. <recess> HARRIS: Ms. Frey, in the last couple of recordings we were, we were playing for the jury there was some reference made to a dog, and I want to talk to you about that. In the prior recording, let me just go through the numbers. The last one was, would be H. There's a mention by the defendant of a dog, and in a prior recording, G, there was barking that was in there. Did you hear that during the time it was being recorded? FREY: Yes. HARRIS: And the dog that was barking, do you have a dog? FREY: No. HARRIS: The barking that was being recorded during that conversation, was that on your side of the phone? Or was that on the defendant's side of the phone? FREY: The defendant's. HARRIS: When he was referring to, the defendant was referring to this dog, what, the comments that were saying, again, that was something that was coming from his side of the phone? FREY: Yes. HARRIS: Your Honor, at this time we would like to play the next in order, which would be 195, or excuse me, 196 G would be the recording, and 195 G GERAGOS: Are you sure? I think it's I. JUDGE: It is I. HARRIS: I. This one is about 25 minutes. We would ask if Ms. Frey can resume her seat in the audience. JUDGE: Okay. Ms. Frey. FREY: Okay. THE COURT: Just, off the subject for just a second. Are we going to certify the record today? MR. DISTASO: I can. I'm ready. GERAGOS: They're ready. I'm not. Can I beg, can I beg for tomorrow morning? JUDGE: We're not going to get three weeks behind here. Tomorrow morning? GERAGOS: Tomorrow morning. JUDGE: First thing out of the box. GERAGOS: First thing out of the box I'll be ready to do it. JUDGE: Okay. You have "I" in front of you. We passed it out during the recess. I think everybody that's interested in the audience has "I" also. HARRIS: Yes. JUDGE: Okay. Go ahead. <196I played> JUDGE: You want Ms. Frey back on the stand? MR. HARRIS: Yes. HARRIS: Ms. Frey, again, the voices on that recording, that was your voice and the defendant, Scott Peterson? FREY: Yes. HARRIS: Now, did you, for the next few days, continue to have, so going from January 1st, January 2nd, over the next few days, did you continue to have phone calls with the defendant? FREY: Yes. HARRIS: And were some of these kind of short conversations where there seemed to be phone difficulties where the defendant was indicating he couldn't hear you, as we heard in some of these previous calls? FREY: Yes. HARRIS: What I'd like to do, Judge, is have her remain on the stand. These are short recordings. Just play the few. JUDGE: J? MR. HARRIS: Yes. Instead of passing out transcripts, we'll just put them up on the screen. Show the jury that way. (196J played) HARRIS: Next would be transcript K, recording K. JUDGE: And that is a one page? HARRIS: Yes. JUDGE: One page, Mr. Harris? HARRIS: Yes. <196K played> HARRIS: The next would be L. JUDGE: One page? HARRIS: One page. And while that's being cued up. HARRIS: Ms. Frey, the previous exhibit that we were looking at, the transcript, that was a recording from your voice mail? FREY: Yes. HARRIS: That was a message the defendant had left on your phone? FREY: Yes. (196L played) HARRIS: Going to Exhibit M. JUDGE: This was January 4th at 2230? HARRIS: Yes. And this will be two pages. JUDGE: Two pages. (196M played) HARRIS: The next one would be N. JUDGE: Okay. Now, that's 40 pages long. That's going to take about an hour. HARRIS: 55 minutes and 24 seconds. JUDGE: Okay. You know what I'm going to do? Rather than interrupt this, I'm going to let you have your recess until 2:30. And then we'll tell you this, it takes, how long? HARRIS: 55 minutes and 24 seconds. JUDGE: Almost an hour. So we'll let you have your afternoon recess until 2:30, and then we'll go ahead and play this. It will take almost an hour. Okay. We'll let you have your recess now. Miss Frey, you may step down. (Afternoon recess) JUDGE: For the record, now, A through N, A through M has been published to the jury. And now we're going to do N. Since it's been published, I'm satisfied with the foundation, so A through N will be admitted into evidence, and take the same numbers. A through N. GERAGOS: N as in Nancy? JUDGE: Right. And we're going to do N now? GERAGOS: We're doing N right now. JUDGE: Do you need, do you need Ms. Frey? HARRIS: No, we can start without her. We ask, since this is a long one, that she remain in the audience. JUDGE: Okay. Yeah, so go ahead. This is January 4th at 2232 hours. (196N played) JUDGE: For the record, the CDs can also come in, with the same numbers. Can we go through O and P today? HARRIS: Yes. JUDGE: Okay. Go ahead. HARRIS: Ms. Frey, we played some of the recordings that occurred up until January 4th, 2003. The next recordings that we're going to be playing are from January 6th. I want to be talking to you specifically about January 6th at this point in time. Did, did something occur at the Modesto Police Department on January 6th? FREY: Yes. HARRIS: Did they ask you to leave your home or move you to another location on that date? FREY: Yes. HARRIS: Without getting into what it was that, why they did that, did you accompany them and go to some other location? FREY: Yes. HARRIS: And did you, were you pretty much under their protection at that point in time? FREY: Yes. HARRIS: And did you start to make some phone calls, I don't want to say using their words, but did you talk with them about certain subjects or certain information that should start coming up on January 6th? FREY: Yes. HARRIS: And a part of that was to at this point in time, on January 6th, indicate that you might – GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: Did you talk to the defendant about finding out some information on January 6th? FREY: Yes. HARRIS: And did you start this early in the day and leave a message? FREY: I believe so. HARRIS: If we can go to the document JUDGE: O then? Okay. And this is January 6th at 2213 hours. HARRIS: Yes. Playing O. JUDGE: And this is two pages? HARRIS: Yes. (196O played) HARRIS: The message, the information on that particular phone call about Saki, was that the beginning of this kind of dropping a hint to the defendant? GERAGOS: Objection. Leading. JUDGE: Overruled. FREY: Repeat the question. HARRIS: The phone call that was just played, the message about something from Saki, was that part of this process of leaving or planting this hint? FREY: Yes. HARRIS: We go to next. I believe this is P. JUDGE: This January 6, 2215 hours. One page. (196P played) HARRIS: Judge, if the court's looking for the length, it's 24 minutes and 34 seconds. JUDGE: The next one? HARRIS: The next one. JUDGE: All right. The next one is 24 minutes long. I don't want to cut it off right in the middle, so I'm going to let you go now. It's a quarter to 4:00 anyway. And the other one is going to take at least, what, 45 minutes to an hour? HARRIS: There are two. One's 24 minutes and then the next one I've got is 22 minutes. JUDGE: Okay. We'll do that tomorrow morning. (Evening recess)
AUGUST 12, 2004 HARRIS: Your Honor, Miss Frey is in the courtroom, present in the courtroom. We are going to play the next few tapes in succession. The jury has already been provided those transcripts. We'd like to start Q at this time. JUDGE: Now we're going to play Q. And that's dated January the 6th at 2216 hours, which is 10:16 p.m. And have you distributed Q, Mike? Distributing it now. Okay. (196Q played) HARRIS: Now going to play R. JUDGE: All right. R is dated January 6th at 2216 hours, next one is January the, we are going to hear R, January 6th, at 2302 hours, 11:02 a.m. Good morning, Mr. Geragos. GERAGOS: Good morning, judge. (196R played) HARRIS: We're now going to play S1, which is the first part of the S transcript. JUDGE: This is the same date at 11:29 p.m. This consists of 61 pages. So halfway through I'm going to give you a recess around 11:00 o'clock. (196S played) JUDGE: If that's where it stops, let's break. HARRIS: Maybe we'll stop it there. <recess>) JUDGE: All right, let the record show the defendant is present with counsel. The jury is in the jury box along with the alternates. Is that thing ready to go? HARRIS: Yes, your Honor. JUDGE: Okay, go ahead. (196S resumed at page 15) HARRIS: Now, go to S2, which is the second part of this call. JUDGE: Page 32 of 61. (196S resumed at page 32) (noon recess) JUDGE: All right. This is People vs. Scott Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. And now, ladies and gentlemen, we'll pick up where we left off. That was at page 41, I believe. (196S resumed playing) HARRIS: Now I'm going to play the first part of T. JUDGE: All right. This is T. This is dated January 7th. GERAGOS: 1643. JUDGE: 1643, which is GERAGOS: I have 1613. JUDGE: 1613. 4:13 in the afternoon. It's 54 pages long. I hate to bring the subject up again; certification, can we do that today? GERAGOS: Yes. JUDGE: Great. Remind me. GERAGOS: I knew that would keep you happy. I stayed up extra late just to keep you in a good mood. JUDGE: Good. (196T played) JUDGE: Okay. We'll take the afternoon recess. Until, try to get you down about five to 3:00. And remember the admonition I've heretofore given you. I'll come out a little early. GERAGOS: To do the certification? JUDGE: I'll come out before 3:00, before we bring the jury in. GERAGOS: Okay. <recess> JUDGE: Now we're back on track, so we can start up where we left off. HARRIS: Okay. I'm going to resume the tape. (196T resumes playing) HARRIS: That's the end of the first part. We'll be playing T 2. JUDGE: Okay. (196T 2 played) JUDGE: Okay. We're going to end there. We'll pick up when you come back Monday. Before we leave, I'm going to move Q, R, S and T, the transcripts, in evidence at this time. They've been published. Also, we'll put in the discs Q, R, S and T, admitted into evidence. Take – DISTASO: Your Honor – JUDGE: the same numbers. DISTASO: T 1 has been played in its entirety, but T 2 is currently being played. JUDGE: Well, we've already distributed the transcripts, so the cat's out of the bag. DISTASO: Okay. JUDGE: So we can't take it back. DISTASO: Okay. (Evening and weekend recess)
August 16, 2004 JUDGE: And this is the case of People vs. Peterson. Let the record show the defendant's present with counsel, and the jury's in the jury box, along with the alternates. And I believe where we left off Thursday was on page 36 of People's Exhibit T, correct? HARRIS: Correct. We're going to resume playing T 2 at this time. JUDGE: Okay. HARRIS: That would be toward the bottom of page 36. (196T 2 resumed playing) JUDGE: Do you want Ms. Frey back on the stand? HARRIS: Yes. JUDGE: Ms. Frey, you want to step up, please. HARRIS: Ms. Frey, we were talking about before how the police department had brought you up to the Modesto area, and I want to go back to that a little bit. When the calls were made on the 6th, into the 7th, the last tape that we just heard, and the next tape that we'll hear, January 8th, were you still in the general area of the Modesto area, still working with the police department at that time? FREY: Yes. HARRIS: And were there detectives or personnel from the Modesto Police Department actually monitoring these calls? FREY: Yes. HARRIS: Was one of those Detective Jon Buehler? FREY: Yes. HARRIS: During that last tape, which would be transcript T and T 2 of that, the, you talked to the defendant about him writing you some letter. Did he follow through with that and send you that letter? FREY: Yes. HARRIS: I'd like to show you again what was marked as 194. Pulling out an envelope. Is this envelope addressed to you? FREY: Yes. HARRIS: Taking out the contents of that envelope. Does this appear to be the letter that he sent to you? FREY: Yes. HARRIS: Now, looking at this particular envelope there's, there's a first page that's written in red ink? FREY: Yes. HARRIS: And then are there other pages behind that? FREY: Yes. HARRIS: How many other pages behind that? FREY: Three. HARRIS: The other pages that are behind the page that's written in red, are those written in a different color ink? FREY: Yes. JUDGE: What number did you identify that as? HARRIS: 194. JUDGE: 194. HARRIS: And, I'm sorry, is it different color ink? FREY: Yes. It's blue. HARRIS: Does blue ink, the other three pages have blue ink appearing, or the other GERAGOS: Objection. Calls for speculation. JUDGE: Overruled. FREY: Yes. HARRIS: I'll go ahead and return that to the envelope at this time. And that particular letter that we just removed from 194 and looked at, is that one of the letters that you also turned over to the Modesto Police Department? FREY: Yes. HARRIS: Now, the next call that we're going to play, a January 8th call that's been marked U, prior to making that call had you, at the direction of the Modesto Police Department, called the defendant's voice mail? FREY: Yes. HARRIS: And had you left him a message? FREY: Yes. HARRIS: And what did you say during the message? FREY: It was in regards to me driving to the Modesto Police Department that day. HARRIS: So you advised the defendant by leaving a message that you were driving to the Modesto Police Department? FREY: Yes. HARRIS: During the next tape do you actually ask him if he receives that message? FREY: Yes. HARRIS: We would like, if the witness could resume her seat in the audience, we'll, JUDGE: Ms. Frey, you may resume. Can we have the transcripts, Jenn‚? DEPUTY CARNEVALE: Yes, Judge. JUDGE: Mr. Geragos, I assume you have the transcripts. GERAGOS: I have the un-redacted. I would like a copy of the redacted. JUDGE: You want to, okay, we'll give you a copy. (196U played) <Morning recess> JUDGE: You want to move People's 196 U and the disc into evidence at this time, so that we don't have to worry about these later on. So all 196 and 195 are in evidence. Okay. Go ahead. HARRIS: Your Honor, at this time I would like to have marked – JUDGE: 198. HARRIS: 198 and 199. The transcripts are marked 198. JUDGE: All right. The transcripts are 198. HARRIS: Additional CDs would be 199. JUDGE: All right. And 199 are the CDs. HARRIS: Transcripts in the binder is A through H. JUDGE: A through H. HARRIS: And the CDs are A through H as well. JUDGE: All right. Corresponding to the transcripts, right? HARRIS: Right. GERAGOS: Thanks. HARRIS: Ms. Frey, I'm going to show you what's been marked as 198, 199. Start with 198. Ask if you recognize this, and recognize specifically the transcripts in here. FREY: Yes. HARRIS: And, again, what we were talking about before, have you gone through these transcripts and initialed them? I'm showing you the initials on there. FREY: Yes. HARRIS: So you've gone through those transcripts and compared them to the, the recordings in this case? FREY: Yes. HARRIS: And these are, again, tapes that you made at the request of the Modesto Police Department? FREY: Yes. HARRIS: Showing you 199. And have you listened to these recordings and initialed the recordings indicating that you have listened to them? FREY: Yes. HARRIS: And they correspond to the, to the letters, or each letter corresponds to the transcripts? FREY: Yes. HARRIS: And these particular recordings, are these accurate transcriptions of the recordings that you made with the defendant? FREY: Yes. HARRIS: Judge, with the court's permission, what we would ask to do is play 198 A at this time. If Miss Frey could resume her seat in the audience. JUDGE: And, Jenn‚ I think you have the transcripts to pass out. I think the total, A through H, is approximately four hours? HARRIS: I'm sorry? JUDGE: Four hours? HARRIS: This particular recording? JUDGE: No. A through H. GERAGOS: A through H. HARRIS: Yes, approximately. JUDGE: Approximately four hours to get through A through H. HARRIS: And is it okay if Ms. Frey resumes her seat in the audience? JUDGE: Yes. Ms. Frey, you can resume your seat. (199A played) (Noon recess) HARRIS: We're going to resume the tape. JUDGE: Yes. Just for the record, this tape is January 12th at 6:04 p.m., just so we can identify it. (199A resumed) JUDGE: 198A and 199A, the transcript and disk, are received in evidence. HARRIS: Now play 199B. JUDGE: This is the tape from January the 12th at 1919 hours, which is 7:19 p.m. (199B played) JUDGE: 198B and 199B is in evidence. Now play C. JUDGE: Now we are going to pass out the transcript for 199C. C is January 14th, 1158 hours, the next day. (199C played) JUDGE: We'll take the afternoon recess until five after three. Remember the admonition. <recess> JUDGE: All right. Let the record show the defendant is present with counsel. The jury is in the jury box, along with the alternates. Go ahead, Mr. Harris. HARRIS: We are going to resume the tape. JUDGE: Right. 199C resumed) JUDGE: Okay. We'll move in C, 198C and 199C into evidence, with the same numbers. <evening recess>
August 17, 2004 JUDGE: Just to keep you up to speed, we have maybe about two hours more tape, and then we'll get into testimony, okay? So we're almost done going through the tapes. Mr. Harris, go ahead. HARRIS: We're going to resume with 199 D. JUDGE: Okay. This is dated January the 15, 2003, at 2147 hours, which is 9:47 p.m. (199D played) JUDGE: All right. We'll move in D, the 198/199 transcript and disc will be moved into evidence. HARRIS: We're going to pass, pass out E. GERAGOS: Which is 1/17 at 1716 hours? JUDGE: This next one is dated January 17th at 1716 hours, which is 5:16 p.m. (199E played) HARRIS: Before we play F, we're going to recall Ms. Frey. JUDGE: All right. Ms. Frey. HARRIS: Miss Frey, before we get to the next phone call, which is on the 25th, I want to talk to you about January 24th, 2003. JUDGE: Louder. HARRIS: On January 24th, in the early morning, did you hear something on a radio station that kind of attracted your attention? FREY: Yes, I received a phone call that morning. HARRIS: And was there some mention about something involving this case going on on a radio station in Fresno? FREY: Yes. HARRIS: Did you listen to that broadcast? FREY: Yes, I did. HARRIS: And from what you were hearing on the broadcast, did it kind of indicate or talk about you? FREY: Yes. HARRIS: After this radio station broke this information about you, did you start receiving calls or visits or becoming deluged by the media? FREY: At work, yes. HARRIS: And did the media actually come to your office? FREY: Yes. HARRIS: To your place of work? FREY: Yes. HARRIS: Did you have to call the Modesto Police Department? FREY: Yes. HARRIS: And did somebody from the Modesto Police Department come down to pick you up? FREY: Yes. HARRIS: And did they drive you back to Modesto? FREY: Yes. HARRIS: Was it decided after you had asked the police department GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: After you had asked the police department to come and pick you up, did you go to Modesto with them? FREY: Yes. HARRIS: Did you talk to the detectives about the media having found out who you were? FREY: Yes. HARRIS: And did you decide to make some type of announcement that night? FREY: Yes HARRIS: On the 24th of January, did you give some kind of public statement? FREY: Yes. HARRIS: And did you indicate that you had a relationship with the defendant? FREY: Yes. HARRIS: As part of this public statement, is it GERAGOS: Is it possible this can be done in a non-leading fashion? JUDGE: Objection is leading. Sustained. HARRIS: What did you say at the public statement? FREY: I spoke of my relation to Scott, and I spoke of my hopes for Laci's safe return as well, and asked my friends and the media to basically leave me alone and not to involve with different transactions towards the media or with the media. HARRIS: After you had made this public announcement, did you receive any more calls from the defendant? FREY: Yes. HARRIS: We would like to play F at this time. We would ask if she could resume her seat in the audience. JUDGE: Ms. Frey, you can resume your seat in the audience. Before you do that, we will receive 198 E and 199 E in evidence. HARRIS: Rather than pass it out, because it's so short, I'm just going to project it on the screen. JUDGE: Ladies and gentlemen, this is just one page long so they're going to project it on the screen. (199F played) JUDGE: All right. We'll admit F, the tape and disc, same number. HARRIS: And the next will be G. JUDGE: This is the same date. Which is 1828 hours, which is 6:28 p.m., same date. Jenn‚ will pass out the transcripts. (199G played) JUDGE: I'll move G in, the tape and disc. HARRIS: The next one will be H. JUDGE: All right. This one is dated January 28th at 2:38 p.m. (199H played) <Morning recess> HARRIS: Miss Frey. While Miss Frey is resuming the stand, like to have marked next in order – JUDGE: It will be 200, the same – the transcripts; and 201, the CDs. 200 will be the transcripts. And can you tell me, is it A through what? HARRIS: A through K. JUDGE: And 201 will be the CDs, A through K. Just for your information, these are all very short. That's all of them. That's all the transcripts you are going to get. Again, you will see some editorializing in there by the transcriber. I'm going to ask you to ignore that, come to your own conclusions. Rather than redact them, ignore the comments of, the editorializing by the transcriber and trust your ears. Again, I told you before, this is only a guide to what was said. And the best evidence is, in fact, the tape itself, what you hear on the tape, not what the transcriber thought they said. HARRIS: Miss Frey, let me show you what has been marked as 200. This is another binder with 20 transcripts. Again, did you review these transcripts, and does it bear your initials on here that you have reviewed these? FREY: Yes. HARRIS: And then also looking at what's been marked, these CDs, 201, again, you did review those CDs. Does it bear your initials on here that you have reviewed these particular CDs? FREY: Yes. HARRIS: The CDs are the recordings of the conversations you had with the defendant; the transcripts are the actual transcripts of these recordings? FREY: Yes. HARRIS: At this time we'd ask that Miss Frey be allowed to resume her seat in the audience. JUDGE: Miss Frey, you can go back and sit. HARRIS: These are short, so we'll play a series of them in order, starting with A. (201A played) JUDGE: This is the same date, six minutes later. The next one, February 7th. First one is February 7th, 2237 hours. The second one, which is B, February the 7th at 2243 hours. (201B played) HARRIS: Next one will be C. JUDGE: This is dated February the 8th at an unknown time. (201C played) JUDGE: Mr. Harris, we'll admit 200A, B and C, 201A, B, C. That will be the transcripts and the disks. <recess> JUDGE: All right. Are you going to recall Ms. Frey? Or are you going to start on D? HARRIS: We're going to play D. JUDGE: Okay. This is D. This is February 8th, 2003, at an unknown time. (200 D played) JUDGE: Going to do E now? HARRIS: Yes. JUDGE: Okay. This is dated February 10th at 8:55 in the morning. (200 E played) HARRIS: Now, playing F. JUDGE: All right. This is the same day at 9:30 in the morning. (200 F played) JUDGE: This is G now? HARRIS: Yes. JUDGE: Okay. This is the same day now, one minute later. (200 G played) HARRIS: Now, playing H. JUDGE: Okay. This is the same day. One minute after noon time. (200 H played) HARRIS: I'm going to recall Ms. Frey. JUDGE: Ms. Frey, you want to resume the stand, please. HARRIS: Miss Frey, the last tapes we were playing were taking place on February 10th. Does that date have significance to you? FREY: Yes. HARRIS: What's the significance? FREY: It's my birth date. HARRIS: And in the tape we hear Mr. Peterson, the defendant, wishing you happy birthday. Were there any other conversations with the defendant that day that didn't get recorded? FREY: Yes, I believe so. HARRIS: And during that particular phone call did he tell you about anything or instruct you about anything? FREY: Yes. HARRIS: What did he instruct you about? FREY: He told me to go to the parking lot at Valley Children's, and there was a lamp that there was, or a light post to find next to a tree with purple, I don't recall if he said purple flowers, but there was purple flowers, and that there would be a package there for me. And... HARRIS: Did you go to that location at the hospital? FREY: Yes. HARRIS: And did you find something there? FREY: Yes. HARRIS: What was it that you found there? FREY: It was a paper bag with gifts for me from, do you want to know the contents? HARRIS: Do you remember what the contents were? FREY: I believe so. HARRIS: Now, the contents of this, did you, did you do something with them at some point? FREY: I turned them over to Detective Jon Buehler. HARRIS: That's the detective from the Modesto Police Department that you had been working with? FREY: Yes. HARRIS: And do you know if he photographed those particular items? FREY: Yes. HARRIS: If I could have marked as People's next in order, a series of photographs. I believe there are eight. JUDGE: Okay. That will be 202. How many have you got? HARRIS: I believe there's eight. Let me check. JUDGE: A through H. HARRIS: Yes. Eight. HARRIS: Ms. Frey, let me show you the exhibits that were just marked as 202 and have you look at these photographs and see if you recognize them. Do you recognize those photographs? FREY: Yes. HARRIS: Do they accurately depict the items that you were just talking about, that were left for you? FREY: All but the last two. HARRIS: And the last two was something mailed to your office? FREY: Yes. HARRIS: And do the photographs depict something that was mailed to your office? FREY: Yes. HARRIS: Now, this package, did you collect the package and give that to the detective as well? FREY: Yes. HARRIS: Let me start by showing you what's been marked as 202 A. Can you describe for us what this is? FREY: The contents in the, that were in the brown bag, although, except for the blue package and the Fed Ex. HARRIS: And that's, you're referring to the Fed Ex package here? FREY: Yes. HARRIS: And the blue package there? FREY: Yes. HARRIS: Now, at the bottom of this particular photograph there's a Trader Joe's bag? FREY: Yes. HARRIS: Is that the bag that you found these items in? FREY: Yes. HARRIS: Looking at 202 B, what is this item? FREY: A card. Or envelope with a card HARRIS: And was this card inside this bag? FREY: Yes. HARRIS: With the other items? FREY: Yes. HARRIS: 202 C? FREY: A necklace. HARRIS: 202 D? FREY: A CD. HARRIS: And, again, both of those items were inside the bag? FREY: Yes. HARRIS: 202 E? What is this item? FREY: Wildflower seed mix. HARRIS: And was this item in the bag as well? FREY: Yes. HARRIS: And 202 F? FREY: It was a silver box that the necklace JUDGE: Ms. Frey, I can hardly hear you. Can you speak a little louder? FREY: Yes, it was a silver box that the 1 necklace was in. HARRIS: Now, you indicated that there was a package that came to your work address. Let me show you 202 G. Is this the label from that particular package? FREY: Yes. HARRIS: Does it indicate who it is being shipped by? FREY: TradeCorp. HARRIS: And it has a Modesto address? FREY: Yes. HARRIS: And did you open up that package? FREY: Somebody next door had opened it prior to me opening it, by mistake. HARRIS: Did you get the package back from them and look at the contents? FREY: Yes. HARRIS: Showing you 202 H, and was this what was with the Fed Ex package? FREY: Yes. HARRIS: And I don't know if you can read that from there, it's a little blurry, but what did the card say? FREY: "For Amber's little one, happy birthday." JUDGE: And, Ms. Frey, what's that? FREY: Gift, the wrapping paper. JUDGE: It was wrapping paper? FREY: Yes. HARRIS: What was inside the wrapping paper? FREY: Some books and a little purse. HARRIS: And those were for who? FREY: Ayiana. HARRIS: Now, the, who was it that told you to go to this particular location and recover the items that we were looking at in the photographs? FREY: I'm sorry, did you say who? HARRIS: Who. FREY: Scott. HARRIS: And when you followed his directions you, you ended up retrieving these items? FREY: Yes. HARRIS: Now, we heard some of the phone calls that were occurring during that day. Was there a problem with recording the phone call later on where he was giving you the directions? FREY: Throughout the day I had several things going on, and I'm not sure if I, I don't believe I recorded or was able to do so on that day, with other things and events that were occurring. HARRIS: And during this time period on that particular day, on February 10th, were you still having to take your cell phone, the radio, and this cable around with you to try and make these recordings? FREY: Yes. HARRIS: And just because of the events of the day, it wasn't, you don't recall being able to record – GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: Do you recall being able to record that particular call? FREY: No. HARRIS: Now, the items that we're talking about, you indicated that they were turned over to Detective Buehler? FREY: Yes. HARRIS: We would like to play the next tape at this time. JUDGE: Okay. Then, Ms. Frey, you can step down. HARRIS: Yes. JUDGE: All right. This is dated February 13th at 2116 hours, which is 9:16 p.m. (200 I played) HARRIS: Playing J. JUDGE: Okay. This is dated February 15th at 2:42 a.m. (200 J played) JUDGE: And this is K? HARRIS: Yes. JUDGE:: All right. This is February the 19th at 7:36 in the morning. (200 K played) JUDGE: Okay. We'll move in D, E, F, G, H, I, J, K, the transcripts and the discs that are so numbered. That's People's 200 and 201, all in evidence. HARRIS: Miss Frey, the tape that we just listened to, was that the last recorded conversation that you did for the Modesto Police Department? FREY: Yes. HARRIS: And after that particular conversation had taken place, what did you do with the recording equipment? FREY: I turned it over to Detective Jon Buehler. HARRIS: And did Detective Buehler come and meet you? FREY: Yes. HARRIS: Did you turn over the recording equipment and any tapes that you had? FREY: Yes. HARRIS: Now, throughout the process, I want to go back through this a little bit. When you were doing these recordings, were you communicating with Detective Buehler during the months that we've been listening to these tapes? FREY: Most of the time, yes. HARRIS: So after calls would happen, would you report to him when these occurred? GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: Did you call the detective, or did he call you? FREY: Yes. HARRIS: Did you talk to him about these tapes? FREY: Yes. HARRIS: After you had talked to him, at some point would he come and pick them up? FREY: Yes. HARRIS: Now, the, these conversations, did they all take place at your house? FREY: Not all of them. HARRIS: You were telling us about some the other day that they were at the Modesto police, one of the police buildings there? FREY: Yes. HARRIS: Did you always have detectives with you when you were making these conversations, or having these conversations? FREY: No. Only, only on those times in Modesto. HARRIS: The times that you didn't have detectives there with you, was anybody helping you script these calls? FREY: At times Jon would discuss different things with me that he thought maybe I could discuss with Scott, but as far as scripts, no. HARRIS: For the most part were these just conversations that you were having with the defendant? GERAGOS: Objection. Leading. JUDGE: Overruled. FREY: Repeat the question. HARRIS: For the most part were these just conversations that you were having with the defendant? FREY: Yes. HARRIS: And we've heard in a number of the tapes that your daughter, we could hear her in the background? FREY: Yes. HARRIS: Were you, while you were having these conversations, still trying to live your life? FREY: Yes. HARRIS: The People have no other questions.
August 23, 2004 Cross Examination by Mark Geragos JUDGE: Okay. Ms. Frey, you want to resume the stand, please. All right. The record should reflect that Ms. Frey has resumed the stand. Ms. Frey is still under oath. JUDGE: Go ahead, Mr. Geragos. GERAGOS: No questions, your Honor. A JUROR: What? GERAGOS: Just kidding. Trying to lighten it up a little. JUDGE: Go ahead. GERAGOS: Thank you. That's okay? I can talk for ten minutes? Ms. Frey, the, the first time that you heard about my client Scott Peterson, is that from Shawn Sibley? FREY: Yes. GERAGOS: And was that before, do you remember the date? FREY: That I first learned? GERAGOS: When you first heard about him and talked about him. FREY: I don't recall the exact date, no. GERAGOS: Okay. How, the first time you actually laid eyes on him was November 20th, right? FREY: Yes. GERAGOS: And you talked, the first time you actually talked to him was November 19th? FREY: I believe so, yes. GERAGOS: Okay. And that's when he called you, he left a message, and then you called, I think you made two calls after that in return? FREY: I believe so, yes. GERAGOS: Okay. Now, the, how long had you before that, a week, two weeks, three weeks, how long had you had a consideration with Shawn Sibley about Scott Peterson? FREY: I honestly don't remember the exact time frame. It was end of October, I believe, the first time I heard about him. Possibly beginning of November, in that time frame. GERAGOS: And was that from Shawn Sibley? FREY: Yes. GERAGOS: Okay. And the first time, what did she tell you? FREY: She said that she had met this man at a conference in Los Angeles, and she said that she spent, I don't know the time frame, but that they, the both of them had spoke and talked about somewhat intimate details about relationships, and that he was somebody that she felt for me, somebody she wanted to introduce to me, about this person and his character, that she had learned from him in their conversations. GERAGOS: Is this, your relationship with Shawn at that point, at least, in 2, that's in 2002, was she your closest friend? FREY: Yes. GERAGOS: And you would, referred to yourself and her as best friends? FREY: Yes. GERAGOS: And had she fixed you up in the past prior to that? FREY: No. GERAGOS: And at this point when she told you about him, did she tell you that she was having ongoing conversations with him? FREY: Yes. GERAGOS: And she tell you that she was trying to get him to call you? FREY: She was saying she had conversations, ongoing conversations on telephone, as well as e-mails, and that not necessarily always on the topic of me, but on some of those occasions, yes, that there was somebody that she wanted to introduce, or vice versa. GERAGOS: Okay. Did you tell her it was okay, Give me, you can give him my number? FREY: At one point there was, yes, I did. GERAGOS: When was that? FREY: I don't recall the exact date. GERAGOS: Could that have been a week before, two weeks before, three weeks? FREY: I believe it was closer to the time before he called. GERAGOS: So at some time around the 19th of November? FREY: No, there was, it was before the 19th that he first had called, but it was around the beginning of, maybe the second week or within that time frame that he first called me. But it was around then she said Can I, as far as giving him the number. GERAGOS: Do I, do I understand correct that you're saying that he called, that the first time Scott called you was not the 19th? FREY: Correct. GERAGOS: When, when was the first time he called you? FREY: I don't remember the exact date. GERAGOS: Did, did you look, you gave your phone records over to the, gave them permission to go get the phone records, right? FREY: Yes. GERAGOS: And you've looked at the phone records, haven't you? Your phone records? FREY: Yes. GERAGOS: Okay. Have you seen, the first time, were you the first person who called? Or was he? Did he call you first or did you call him first? FREY: To my recollection he called me first. GERAGOS: Okay. When he called you first FREY: Uh-huh. GERAGOS: that was how long before the 19th? FREY: Probably within a week time frame. GERAGOS: Okay. So safe to say it was definitely in November? FREY: Yes. GERAGOS: Okay. Now, the first time that he calls you, he leaves a message, if I've got it right; you called back to at least two locations, right? FREY: Yes. GERAGOS: You've got two numbers? He leaves you two, is that right? FREY: He left me one number, but he had called from another, which when I returned, before listening to the message, it was some answering service, and they couldn't direct the phone call because it was just an answering service. GERAGOS: When you say he left you a number but he called from another, you, I think it was established you do not have a home phone, right? FREY: I do not, correct. GERAGOS: You operate on a cell phone? FREY: Yes. GERAGOS: Okay. I'm not going to ask you what cell tower or anything like that. The cell phone you use shows a number that pops up when somebody's calling, right? FREY: Yes, correct. GERAGOS: If it's not blocked, you can tell what number it is? FREY: Correct. GERAGOS: He calls, he says call me back at 209, whatever, and you call, you get a voice mail, right? When you call the number that he told you to call? FREY: The one after, yes. After I had listened to the message, yes. GERAGOS: Right. You do whatever, you call him back and then, because you couldn't get him there, you then call the number that popped up on your screen? FREY: No, I had called that number first, before even checking my voice mails. I just had seen I had missed calls and didn't recognize it, so I called. I just redialed, or pressed the way the phone worked, that I could just scroll down and then press talk and it would call up the number that showed up. GERAGOS: Okay. FREY: So I called that before learning, or hearing the message and who it was from. GERAGOS: You called that number FREY: Uh-huh. GERAGOS: he's not there, you listen to the message and you call back? FREY: Yes. GERAGOS: And then did you, how long before you reached him? FREY: I don't remember the time frame. GERAGOS: Was it that day? The 19th? FREY: We finally spoke on the 19th, yes. GERAGOS: Okay. And when you spoke on the 19th, did you suggest a spot to meet him at? A specific place? Did you say I'll meet you at the Elephant Bar, I'll meet you FREY: I don't recall if it was exactly that time or, or not. If, if it was the first time we actually spoke, or if we talked another time. I really don't remember exactly GERAGOS: Okay. FREY: when we came up with that location. GERAGOS: How long was that conversation, that first conversation? FREY: Maybe ten to 15 minutes. I don't recall exactly. I'd have to see a phone record to, to know for sure. GERAGOS: Okay. Is it a safe bet, that one was not taped, right? You did not FREY: No, it was not taped. GERAGOS: In that conversation, if I understand correct, the two of you just described each other, kind of a joking manner; is that right? FREY: Yes. Yes. GERAGOS: And as you describe each other, you then said, somebody made arrangements, you don't remember who, to go to meet down at the Elephant Bar? FREY: Correct. GERAGOS: Okay. And there was a specific time, I'll meet you there tomorrow at whatever time, right? 7:00 o'clock or – FREY: 7:00, right. GERAGOS: 7:00 o'clock. Now, at that point you had never met him before, right? FREY: Correct. GERAGOS: And you'd only heard about him from Shawn? FREY: Correct. GERAGOS: How many conversations do you think you had with Shawn about Scott Peterson prior to actually meeting Scott? FREY: An approximation? Is that what you're asking? GERAGOS: Yeah. FREY: Maybe a handful of times. GERAGOS: Okay. Less than five? FREY: I don't know an exact, but GERAGOS: Okay. FREY: around there. GERAGOS: And she had told you that she had met him one time down in LA or Orange County on a conference of something that she was on, correct? FREY: It was I believe a weekend type or, it was more than one day. GERAGOS: Okay. That was the only time that you were aware of that she had ever met him FREY: Yes. GERAGOS: in person, correct? FREY: Yes. GERAGOS: And based on, did she tell you what had happened at that conference? That they had stayed up all night and been drinking and things like that, talking about relationships? FREY: Yes. GERAGOS: Okay. So you knew that going into it that they had met at this conference, they had stayed up all night talking and drinking, and then she said Look, he sounds like a good guy, are you interested and you say yes, correct? FREY: For the most part, yeah. GERAGOS: Okay. Then when you meet him at 7:00 o'clock, on the 20th, at that point did you recognize him immediately from the description that he had given you over the phone? FREY: I, I thought there was another gentleman that may have been him prior to him walking in the door, but when he approached the door, he was looking right at me, and at that point I assumed that it was him. And it was. GERAGOS: Okay. And when you went there, you were at the, were you in the bar area or the dining area FREY: Neither. GERAGOS: or at the bar? FREY: Neither. GERAGOS: What, the reception, the front area? FREY: The very, there's two glass doors or, there's like a little entrance, and on either side there's a little bench. I was in that area. GERAGOS: What I would call a reception area? FREY: The very, there's two glass doors or, there's like a little entrance, and on either side there's a little bench. I was in that area. GERAGOS: What I would call a reception area? (Noon recess> GERAGOS: Good afternoon. When we broke for lunch, I was asking you some questions about the first time you met Scott. And prior to that you indicated to the jury that you had talked with Shawn Sibley, right? FREY: Yes. GERAGOS: Okay. And you talked the Shawn Sibley about what he had told her, and those kinds of things? FREY: To some degree, yes. GERAGOS: Did she tell you that, I think you had mentioned this morning that she e-mailed back and forth with him. FREY: Yes. GERAGOS: Did she tell you what his nickname was on the e-mail? FREY: I don't recall, no. GERAGOS: Did she, you of heard the letters "H.B." FREY: I recall some talk about that. GERAGOS: Was that prior to meeting Scott? FREY: Yes. GERAGOS: Okay. And do you remember what that talk was, what "H.B." stood for? FREY: She didn't go in great detail of some of their conversations. GERAGOS: Did she tell you that was, stood for "Horny Bastard"? FREY: She may have. GERAGOS: Okay. As you sit here today, do you remember if, before you met him the first time, if you knew whether he was e-mailing back and forth with your best friend, that he was labeling himself as "Horny Bastard"? FREY: I don't recall exact conversations, or I don't know that. GERAGOS: Okay. You don't know if that's what happened? FREY: I don't know the content of their conversations, no. GERAGOS: Do you know if she told you that, do you know if she told you that this guy is a really good guy, goes by the handle "H.B., Horny Bastard"? FREY: I don't know the contents of their conversation. So – GERAGOS: I'm not asking you for contents. She didn't show you the e-mails, right? FREY: No. GERAGOS: Did she ever say to you that he would go by the term, or the "H.B." for "Horny Bastard"? FREY: Again, I don't know how the content of that conversation was, so I can't answer that. I'm sorry. GERAGOS: But you had heard "H.B." FREY: Yes. GERAGOS: Okay. What about, did she tell you when she was down in Orange County, that he had said something to her, that they had a conversation about, how do you pick up girls, or something along those lines, or what should I write on my name tag to pick up girls? FREY: No, I don't recall that. GERAGOS: Shawn ever tell you that they said, she suggested writing, "I'm rich"? FREY: I don't recall. I know there was some discussions, or her talking about it. But I really don't know the whole contents of their conversations. GERAGOS: What about your part of that conversation? I know you don't know their content. What about you when you talked to Shawn? Do you remember what you talked to Shawn about? FREY: No. As far as in regards to "H.B.", not really, no, I don't. GERAGOS: How about this thing with the name tag? Do you remember what you talked to Shawn about in regards to the name tag? FREY: I don't believe I had any comments about it. I just, I really don't remember that that well. Sorry. GERAGOS: But do you remember saying to Shawn, why do you want me to meet this guy if he calls himself "Horny Bastard"? Or why do you want me to meet this guy if he is, he is trying to pick up girls? Do you remember ever expressing that kind of concern to her? FREY: No. Because our conversations, or the conversation I had with Shawn didn't really entail those details, in that, around, that you are speaking of. GERAGOS: So Shawn did or didn't tell you about this stuff? FREY: I vaguely recall her talking about it. But as far as the content in the conversation, I'm sorry, I don't. GERAGOS: Well, when you say the content, you know the "H.B." rings a bell, right? FREY: Yes. GERAGOS: The name tag with "I'm rich" rings a bell, right? FREY: Vaguely. But GERAGOS: Did you ever ask her, I mean Shawn is protective of you? FREY: Yes, un-hun. GERAGOS: She is protective of you because she knows you have been hurt in the past, correct? FREY: I would agree, yes. GERAGOS: So she's looking out for you, right? FREY: Yes. GERAGOS: Okay. Did you ever go back to her, whether it was before you met Scott or after, and say, why didn't you tell me about this, or why would you fix him up with me if this guy is using H.B., or, how do I pick up girls, or anything like that? FREY: Because other conversations that they had one-on-one was something that stood out to her about that he was looking for a soul mate. And she said that in their conversation, again I don't know the great depth of their conversation. But, to her, it was very significant that she felt that this was somebody that she would like to introduce to me, and that was looking for somebody to be with. GERAGOS: Now, when you say in looking for a soul mate, and you, that didn't cause you any pause, that here is a guy looking for a soul mate; but, at the same time, is going by the handle "H.B."? Did that, did you say to yourself, wait a second here, this guy doesn't make a whole lot of sense? FREY: No, I didn't. GERAGOS: When you met him for the first time, it was at the Elephant Bar, correct? FREY: Yes. GERAGOS: And then he said, I want to go back to the hotel to shower and change; is that right? FREY: He said that he had been working, and he hadn't had a chance yet to check in. And he needed to shower and change. GERAGOS: You, did the two of have you a drink at the Elephant Bar? FREY: No, we didn't stay. GERAGOS: Then so you left as soon as you met him, identified who he was, then you two of you went back over to the hotel, correct? FREY: I accompanied him to check in, yes. GERAGOS: Okay. So you went over. And how far away was the hotel? FREY: As far as timeframe, or distance? GERAGOS: Distance. Either way. Takes you ten minutes? FREY: Maybe ten, fifteen minutes. GERAGOS: Okay. So you meet him, and then you go back, and you guys, he checks into his hotel room, right? FREY: Yes. GERAGOS: And then you go upstairs with him, and he decides he's going to take a shower, right? FREY: Yes. He said he needed to freshen up. So, yes. GERAGOS: So before he goes into the shower, he pulls out of his bag some champagne and strawberries? FREY: Yes. GERAGOS: You start drinking there; is that right? FREY: Yes. GERAGOS: Okay. And I would assume that you had, over the course of, how long were you guys at the hotel before you went back to dinner? FREY: Approximately maybe forty-five minutes. GERAGOS: Okay. Had you finished off the bottle of champagne? FREY: No. GERAGOS: Half the bottle of the champagne? FREY: Maybe. I'm not for sure. But I don't believe we finished the whole champagne, or the bottle, no. GERAGOS: He's got strawberries there, he's talking to you, and things are wonderful, right? FREY: They were going well. GERAGOS: Okay. Then you decided to go to this Japanese restaurant? FREY: We had already decided on that, yes. GERAGOS:. So when you get to the Japanese restaurant, that's about an hour after you have met him? FREY: Somewhere around that time frame. GERAGOS: And you proceed to you have more drinks there, correct? FREY: Yes. GERAGOS: How many more drinks do you think the two of you had there? FREY: I don't know how many, per se, he had. I think he had consumed more than I did. But there was just, I believe one, I want to say he brought another bottle with him. I don't think it was something he ordered. I believe we finished that bottle between the two of us. GERAGOS: Then when you left there, you went to another location, right? FREY: Yes. GERAGOS: And that was an another a bar? FREY: Karaoke lounge. GERAGOS: Okay. Did you continue to drink there as well? FREY: Yes. GERAGOS: Okay. And at that point, does he, does he look like he is feeling the effects of the alcohol? FREY: You know, I really I don't know. I would say yes. I know I was. GERAGOS: Okay. So at that point, did you, did I understand correctly, you closed down the karaoke bar? FREY: Almost, but not quite. They hadn't closed yet. GERAGOS: I think Mr. Harris was asking you, you go from there, and you stop at a store, then go back to the hotel? FREY: Correct. GERAGOS: Then when you stop at the store, he didn't, Mr. Harris didn't ask you, but you went back there, you bought some alcohol, right? FREY: Yes. GERAGOS: So you have been drinking, basically within forty-five minutes of seeing, meeting this guy, and straight through at the restaurant, at the bar, then when you finish and leave the bar, I assume when you say almost, close the door, that's about closing time, when you can't buy, or close to closing, when you can't buy alcohol any more? FREY: Correct. GERAGOS: Okay. So you stop, you buy what a bottle of gin at the store with the, Food Maxx, whatever it was? FREY: I believe that's what it was. Bombay Sapphire. GERAGOS: Bombay Gin and Tonic. You go back to the hotel, two of you start drinking some more? FREY: I don't believe, he brought it up, but I don't believe, I don't think I consumed any from that at the time. GERAGOS: You didn't drink any more at that point? FREY: I don't believe I did, no. GERAGOS: But he was, he stopped. He bought it. He was drinking, right? FREY: I don't recall at that time what was consumed. I know we went there and got those items. But I don't think there was very much consumed. GERAGOS: What time was that when you went to the Food Maxx? It was Food Maxx, right? FREY: Un-hun. GERAGOS: Do you recall, do you remember what time that was? FREY: I want to stay probably close to two. GERAGOS: Okay. Right before they start cutting off alcohol? FREY:. Yes. GERAGOS: And when you go to Food Maxx, he uses his credit card? FREY: I don't remember. GERAGOS: You described to the officers, when you finally met and talked to the officers, you told him that you had gone to Food Maxx, right? FREY: Right. GERAGOS: Told them that you, that it was your belief he had used a credit card at the Food Maxx, to let them go and see, if they look on the credit card receipts, to see if he had, correct? Isn't that what you – FREY: I would have to see the document. I don't know what was recorded, and I don't recall if that's what I said. GERAGOS: Now, the, as you go back to the hotel, by the way, that first evening, when you first started having dinner, would have been, what, within an hour and half of you, him meeting you? FREY: That we were GERAGOS: You hooked up at the Elephant Bar at 7:00 o'clock. You go to the hotel. You come back from the hotel to get something to eat? FREY: Uh-huh. GERAGOS: And then you are at this Japanese restaurant, right? FREY: Yes. GERAGOS: And that's the one that's called Edo-Ya? FREY: Yes. GERAGOS: That's on Shaw? FREY: Yes. GERAGOS: Okay. You are back there about 8:00 o'clock? FREY: Somewhere in that timeframe, yes. GERAGOS: During that time, conversation you had at the dinner, that's the conversation that he tells you he's going to be out of the country during the holidays, correct? FREY: Yes. GERAGOS: So within one hour of meeting you, he tells you this story, which you later learned to be a story, that he's going to be in Europe for the Christmas holidays, correct? FREY: Business trip. He was going to be in Maine for the Christmas holiday. GERAGOS: Okay. And where was he going to be at Thanksgiving? FREY: In Alaska on a fishing trip. GERAGOS: Okay. That was within one hour of meeting you? FREY: No. GERAGOS: He met you at 7:00 o'clock, you had dinner at eight. Some time between eight and when you went over to the Karaoke bar he told you this, right? FREY: Yes. GERAGOS: Within what period of time did he tell you that, where he was going to be for Thanksgiving and for Christmas and for after Christmas? FREY: Somewhere in between eight and ten. GERAGOS: Okay. So at the outside, at the longest, within three hours of meeting you for the first time, he told you that he was going to be in Alaska for Thanksgiving, right? FREY: Yes. GERAGOS: That he was going to be in Kennebunkport, Maine, for Christmas? FREY: Yes. GERAGOS: And that he was going to be in Europe in January? FREY: Yes. GERAGOS: That was not something that he told you later on after your second date or your third date, correct? FREY: We talked GERAGOS: The first time that he told you about it, you are absolutely sure, as you sit here, that the first time he told you that was that evening, the first time you met him, which was what, November 20th? FREY: Yes. GERAGOS: November 20th. I don't have my calendar front of me. But that's roughly a week before Thanksgiving in 2002, right? FREY: I don't have a calendar either, so I don't know. GERAGOS: Okay. You know that Thanksgiving is the end of November, right? FREY: Usually it is, yes. GERAGOS: Okay. And you know that within a couple of hours of you meeting him, he's telling you that he's not going to be in town the following week, correct? FREY: Correct. GERAGOS: Okay. And that he's going to be with his family, going to be doing some activity, right? FREY: Yes. GERAGOS: Okay. And he tells you that Kennebunkport, Maine, on this same the first date, is where he's going to be during the holidays, right? FREY: Yes. GERAGOS: And this Europe trip, did he mention the specific countries he was going to, on that first date? FREY: I believe he ran them by me, yes. GERAGOS: Okay. He told you Belgium, he told you Brussells, he told you, he ran through Paris, that he was going to do this trip that he had planned for January, correct? FREY: Correct. GERAGOS: Okay. And, at that point, you had not, at that point, you two ever, you had not become intimate, as Mr. Harris would say, correct, when he is telling you this? FREY: Correct. GERAGOS: You don't have sex or become intimate with him until later that evening, right? FREY: Yes. GERAGOS: And that's at some time after you leave the Food For Maxx, or whatever it is, Food Maxx, you buy the gin, you go back to the hotel room, right? FREY: Yes. GERAGOS: Now, if I understand correct, Shawn had Ayiana that evening; is that right? FREY: Yes. GERAGOS: And then you had to, she called you, or you called her in the morning? FREY: I don't remember who called. GERAGOS: You talked. She said, I got things to do, you got to pick up your daughter, correct? FREY: Yes. That was something we had discussed before leaving that evening. GERAGOS: When you talked to her the next morning, you didn't, before you left, you didn't know that you were going to spend the night with him, did you? FREY: No, I didn't. GERAGOS: Okay. So when you left, you didn't have plans with her to take care of Ayiana for the evening, right? FREY: She was going to be staying the evening, yes. GERAGOS: So she was going to sleep overnight just in case you didn't come home? FREY: Just because the time frame. Didn't know when he was, I was going to be coming back. If it was late, she just ends up staying there instead of going home, because we lived a distance from each other. GERAGOS: How far away do you live from her? FREY: The drive, probably about a good twenty-five, thirty minute drive. GERAGOS: Okay. From Madera to Fresno? FREY: Yes. GERAGOS: So she planned on spending the evening; is that correct? Or spending the night at your house? FREY: I believe, from what I remember, that was the plan, that she was going to be there. GERAGOS: You didn't tell her that you would be whom by 2:00 o'clock? FREY: We didn't discuss a time. GERAGOS: And in the morning, wasn't it her who called you and said, look, I got to get going get over here? Isn't that what actually happened? FREY: She GERAGOS: Didn't Shawn call you, said, "Please, get back here, I have got to go"? FREY: Yes, I was aware of her time frame of her schedule for work the next day, yes. GERAGOS: Now, the, when you went back to the hotel, I assume Scott was drinking the gin and whatever mixer he had; is that right? FREY: I don't remember what was consumed when we got back. GERAGOS: Okay. He looked like he was under the influence at that point to you? Did he look like he was, like he had caught a buzz on? FREY: I know I did, so to really judge that for myself on somebody else, I don't know. You would have to ask him. GERAGOS: You know you did? FREY: I did, yes. GERAGOS: Now, the next time that you talked to him would have been, he called you the next day at about 11:44. Is that, some time before noon. Is that what you told Mr. Harris on the 21st? FREY: Yes. GERAGOS: And then twice on the 22nd; is that right, of November? FREY: Without seeing a phone record in front of me. GERAGOS: Let me show you, see if this refreshes your recollection. FREY: Okay. GERAGOS: It's a chart prepared by Mr. Jacobson. Calls in red are by Scott Peterson. Calls in blue by you. This is for the month of November. FREY: Okay. GERAGOS: Does that refresh your recollection as to the basic phone pattern for November? FREY: Yeah. GERAGOS: So fair statement that you get these three phone calls made by you on the 19th. That's the day before you guys have met, right? FREY: Yes. GERAGOS: The ones we already discussed this morning. Then you talked to, or at least the last phone call made on the 20th. And that's when you saw Scott the first time? FREY: Yes. GERAGOS: Then the 21st there is a phone call. Did you actually talk to Scott on the 21st? That would have been after your first date. FREY: I believe it was just a message that he left. GERAGOS: So you didn't talk to him after this. You listened to the voicemail message; is that right? FREY: Yes. GERAGOS: Then on Friday the 22nd there is two phone calls. Did you talk him, to or did you just get messages? FREY: I believe I talked to him. GERAGOS: Approximately two, three, four minutes, something like that, or longer? FREY: I don't think they were long conversations. Not that I can recall. GERAGOS: And then not, you didn't talk to him on the 23rd, 20 right? FREY: I'm just seeing it. From just seeing it, I don't. I know if I look at it I could say yes for sure. GERAGOS: If we're assuming this is accurate? FREY: Okay. Then if it's accurate, yes. GERAGOS: You don't have any memory of talking to him on the 23rd, do you, as you sit here today? FREY: No. GERAGOS: Looks like you exchanged calls with him on the 24th; is that right? FREY: Un-hun. GERAGOS: That's a yes? FREY: Yes. GERAGOS: You have to say yes so he can take it down. Then the 25th, the 26th, the 27th, the 28th, the 29th, and the 30th no phone calls? That's your memory? FREY: No, I believe there was a phone call somewhere between there. But it wasn't from his phone. It was from a pay phone. GERAGOS: Okay. So the best of your memory, for that one, two, three, four, five, six days in November, including, I'll take you up to the first day of December. So for that seven days, for that week? FREY: Un-hun. GERAGOS: It does look like there is no phone calls between your phone and his phone, right? FREY: It doesn't show that. But I know we spoke. GERAGOS: Right. And you think that, your belief is that maybe it was a pay phone, correct? FREY: Yes. GERAGOS: So after this first date, there is approximately five calls, the two conversations, and then for a week there is one phone call from a pay phone, right? FREY: One to two, possibly. Because I know we spoke closer to that Monday. GERAGOS: Did you ever show the officer, you gave the officers your cell phone records, didn't you? FREY: Yes. GERAGOS: Okay. Did you ever point them to specific incoming calls and say, look, I think this is a call that I got from Scott? FREY: No. GERAGOS: Did they ever ask you to do that? FREY: No. GERAGOS: Now, the second time that you saw Scott was December what? FREY: Second. GERAGOS: Okay. And where was that? FREY: At my home. GERAGOS: He came over to the house? FREY: Yes. GERAGOS: Okay. And was that some time after 12:00 o'clock noon? FREY: I believe so. GERAGOS: Okay? FREY: Yes. GERAGOS: Was he the one who called you and said, look, I'm in the neighborhood, or something like that? FREY: I don't recall how. I believe so, because he, I think he got lost as far as where my house was. GERAGOS: I mean he had to call you up to know where, to find out if you were there, right? FREY: Right. GERAGOS: So he calls, and it appears that you were home when he called, right? FREY: Yes. GERAGOS: Because there is no exchange of calls, right? FREY: Correct. GERAGOS: And he stops by. Are you home alone? FREY: Yes. GERAGOS: And what do you guys do at that point once he comes over? FREY: From what I remember, we visited a little while. He asked where the little one was. GERAGOS: Did you tell him the little one was at school? FREY: Yes. GERAGOS: And did he stay at the house on the second? Did Scott stay at the house? FREY: As far as the evening? GERAGOS: Yeah. FREY: Yes. GERAGOS: Okay. And did he spend the night that night? FREY: Yes. GERAGOS: And you had sex that night with him? FREY: Yes. GERAGOS: Okay. And was that the evening that he went and picked up your daughter? FREY: That him, that we went together and picked her up. GERAGOS: Was that day? FREY: Yes. GERAGOS: Okay. Now, the, and he spent the night until the following morning? FREY: Yes. GERAGOS: Then he told you he had someplace to go, right? FREY: Yes. GERAGOS: Okay. Now, at that point when he left, was that in the morning of the third that he took off? FREY: I don't remember when he left that day. I don't remember the time. GERAGOS: Was it before your daughter got up? FREY: I don't remember. GERAGOS: Is there anything that would jog your memory as to what time he left on the morning of the third? Is it safe to say, I'll give, is it safe to say that if he calls you at 4:00 o'clock, that he had left before 4:00 o'clock? FREY: Yeah. It was during the early part of the day. I know that much. I just don't remember. GERAGOS: Before 10:00 o'clock in the morning? FREY: Really, I don't know. GERAGOS: Okay. So then you talked to him twice on the third, right, by phone? FREY: I believe so. GERAGOS: Okay. Does he come back on the third? FREY: Yes. GERAGOS: When he comes back on the third, does he spend the night again until the fourth? FREY: Yes. GERAGOS: Okay. And you have sex again? FREY: Not that I recall. GERAGOS: Isn't that the night that you had gone out to the Squaw's Leap? FREY: On the 2nd? GERAGOS: Right. Went out on the second to the Squaw's Leap. You had sex that evening? FREY: Yes. GERAGOS: He stays over until the third. He leaves, he comes back on the third. Does he spend the night? FREY: Yes. GERAGOS: Okay. And leaves on the 4th; is that right? FREY: Yes. GERAGOS: And at that point, on the 5th, you get one phone call from him; is that right? FREY: Yes. GERAGOS: The 6th, no phone calls? FREY: I don't believe, I don't recall if we spoke. It doesn't show. GERAGOS: Okay. Well, is the, you don't have any memory, as you sit here, of talking to him on the 6th, do you? FREY: No. GERAGOS: Okay. And then Saturday the 7th you called him, right? You talked to him on that day? FREY: I don't remember specifically if we spoke, or if it was just message. GERAGOS: It also looks like on the 8th you don't talk to him either; is that right? December 8th? FREY:. You can show me again. I don't believe so. He said he was out at the Delta with some buddies on a boat. GERAGOS: So at that point, you have had, he's spent the evening with you three times. He's made, to you, approximately, what, two, four, five, six, seven, eight, nine calls; is that right? FREY: Not counting any from any other land line or pay phone, yes. GERAGOS: And that's, you don't remember more than, as you sit here, one or possibly two, correct? FREY: Correct. GERAGOS: During that. So we have got nine or ten calls. And then the next thing that really happens is this December 9th event, right? FREY: Yes. GERAGOS: Okay. And that's where he comes over to your house. Calls you. He says he's got to tell you something, right? FREY: Yes. GERAGOS: Okay. Now, had you been suspicious of him before December 9th? FREY: No. GERAGOS: Okay. And December 9th had you, before December 9th did you talk to Shawn at all about Scott, about the fact that he is here again for a second date or third date? FREY: I had seen her that Sunday, but we didn't talk about anything, or about anything specific. GERAGOS: Where did you see her on, you are talking Sunday the 8th? FREY: Yes. GERAGOS: The day before he comes to you and tells you that his wife is lost, right? FREY: Right. GERAGOS: Okay. And she doesn't say to you that she's had a conversation with anybody, with this guy that was going to go get hired? FREY: No, she didn't. GERAGOS: Doesn't confide with you in the least? FREY: No. GERAGOS: If I understand correct, the first time you said that she confided in you was on 11th? FREY: The 13th. GERAGOS: The 13th. She tells you, look, I knew about it back on the 6th. And he told me don't say anything. So I didn't do it? FREY: Correct. GERAGOS: Did you get angry with her at all? FREY: I was upset about the situation, that she had talked to him about it. And so I was upset, yes. GERAGOS: Okay. Were you angry with her for the fact that she hadn't mentioned it to you? FREY: The way she explained it to me I understood where she was at. I think she was really more upset at that point. Probably more upset at that point. GERAGOS: Did she tell you that at that point, I guess we're fast forwarding to the 13th. Your testimony is the first time you talked to her about this is the 13th of December. FREY: Correct. GERAGOS: Does she tell you that she's gone and gone on line and hired an, or at least signed up for a Marriages-Dot-Com internet service of some kind to search for marriage certificates? FREY: She said she mentioned that she was doing something on line, or that she was going to an, intent to do something of that sort. But she didn't say whether she went through with it or not. GERAGOS: Okay. Did you ask her to tell you if she got any results? You are having this discussion. You are upset, obviously, right? I mean you are upset with her. You are upset with him. Here is somebody that, I assume at that point you have got some emotional investment in Scott; is that right? Is that correct? FREY: You just GERAGOS: I'm going to have you I'll break it down. JUDGE: Got to say, that's GERAGOS: At that point, on the 13th, you have got feelings for Scott; is that right? FREY: Yes. GERAGOS: Strong feelings? FREY: I had feelings toward GERAGOS: Obviously you gave him, at one point earlier in the month, you gave him a key to the apartment and told him to go pick up, that he could pick your kid. So I would assume you don't do that with just anybody. FREY: No. GERAGOS: Okay. So obviously you had some very strong affection for him at that point, correct? FREY: Yes. GERAGOS: Okay. And I would assume that when you are talking to your best friend Shawn Sibley, when you find out that she knew something that you didn't, and that she didn't tell you, that that upset you to some degree; isn't that a fair statement? FREY: Yes. GERAGOS: Okay. And when that upset you, and she, I assume, during that same conversation, had you, she tells you about this, whatever it is, Marriages-Dot-Com internet service, right? FREY: I don't recall her saying Marriage-Dot-Com. I know she was saying that she was looking into some type of investigation, but I don't recall it, exactly what it was. GERAGOS: Did she tell you that she had hired a private investigator? FREY: The way I took it, that it was something she was going to do, but that she hadn't. So I, at that point I didn't know. GERAGOS: Okay. When you say that it was something she was going to do, your understanding was she was going to hire a private investigator. Wasn't that what she told you? FREY: That was her mindset, yes. GERAGOS: Okay. And when she is talking to you about it, you didn't think she was going to an internet service, or Marriages-Dot-Com. What she had told you was, I'm going to get to the bottom of this. I'm going to hire an investigator. Isn't that what she told you? FREY: In those words? GERAGOS: Well, is that the gist of what she told you? FREY: She said that because she was the one that set me up, that if anything were to happen to me, she would feel responsible. So she was going to do what you mentioned, or, again, I don't recall how she worded it. That she was going to go as far as to using some type of service to find out about Scott Peterson. GERAGOS: Now, at that point did you, you were friendly with a gentleman by the name of Richard Byrd, correct? Who is an acquaintance of, friend of yours? FREY: Yes. GERAGOS: He's a homicide detective in Fresno? FREY: He wasn't at the time. GERAGOS: What was he at the time? FREY: I don't know his exact title. He's a police, a police officer. He would be in street clothes, so I don't know exactly what that title is, and – GERAGOS: He would be in street clothes back then, in 2002? FREY: Yes. But he wasn't a homicide detective at that time. GERAGOS: He was not a homicide detective. He was some kind of an undercover, or a detective; is that your understanding? FREY: Yes. And at times he would do different events where he was in uniform. GERAGOS: Okay. That's when he was working special events stuff? FREY: Yes. GERAGOS: Okay. His roommate is a gentleman by the name of David Perez? FREY: Yes. GERAGOS: Also a law enforcement person? FREY: Yes. GERAGOS: Out of Sacramento? FREY: Yes. GERAGOS: You talked frequently to both of these guys during the month of December; isn't that correct? FREY: No. GERAGOS: You did not? FREY: I spoke frequently with Richard Byrd, but not David Perez. Only on one occasion. GERAGOS: Okay. Is it a fair statement, I'm not going to hand you all the phone records unless you want to go through them. If I told you that I had, looked to me like there were in excess of 50 to 75 calls from the time that you, in December and January, between you and Richard Byrd, would that be a fair estimate of how often you were talking to him? FREY: You said without looking. I wouldn't know unless I saw a phone record. GERAGOS: Okay. I have got a, what I believe are, does this look like these are your phone records? Take a look through there. FREY: Printed differently. But, yes. GERAGOS: I'm sorry? FREY: It's printed different than the copies I see. But, as far as the layout. But I think that's just because they are copied. GERAGOS: Then I'll ask you, do you see a phone number on there? FREY: Un-hun. GERAGOS: I assume that's your phone number, or was your phone number at the time? FREY: Yes. GERAGOS: Okay. You take a look at, I have done a spreadsheet here. FREY: Okay. GERAGOS: Can you take a look and tell me if it looks or appears accurate, that the spreadsheet corresponds to the calls that you made to Richard Byrd between November and February? FREY: I think, I believe some of these were attempts, but not actual phone calls or connections when I actually spoke to him. GERAGOS: I think you are probably right. I mean it looks like, to me, like, depending on how long the duration is, you could probably guess, if it's one minute, you probably didn't talk to him. If it's fourteen or 29 minutes, or 58 minutes, for instance, does that, the day you saw Shawn Sibley, the day before Scott came to your house on December 9th, you had a 58 minute phone call with Richard Byrd. FREY: That is what it shows, yes. GERAGOS: Is that correct? Is that, when you say that's what it shows; is that correct? That you talked, did you talk there about an hour with Richard Byrd that evening? FREY: I don't recall content. But, yes. GERAGOS: It looks to me like on December 8th you spoke to Richard in the morning at 10:50, for four minutes. Then looks like at 6:21 you spoke for one minute. That's probably leaving a message, correct? FREY: I would say yeah. GERAGOS: Okay. What time did you see Shawn Sibley that day? FREY: I saw her in the afternoon time. GERAGOS: So some time before that 6:21 call to Richard Byrd? FREY: Uh-hun. GERAGOS: That's yes? FREY: Yes. GERAGOS: And then looks like you finally got hold of Richard Byrd at 7:36? FREY: Yes. GERAGOS: You had a 14 minute conversation with him. Then at 8:55? FREY: Yes. GERAGOS: You have a close to an hour conversation with him? FREY: Yes. GERAGOS: Did you discuss Scott Peterson with him, on that conversation? FREY: Probably. GERAGOS: Okay. Did you ever tell him that he, tell him that you had any issues, or issues of, I think you called it issues of trust? FREY: No, I don't believe so, no. GERAGOS: Like to mark the what I have entitled Amber Frey's phone calls to Richard Byrd, which is a three – JUDGE: Next in order. GERAGOS: Three page document. Defendant's next in order. JUDGE: That's D5N, like in Nancy. GERAGOS: Now, the phone calls, I'll trade the one I gave you for the one that the clerk just marked, if I could. FREY: Okay. GERAGOS: The phone calls that you make to Richard Byrd, at any point did you tell him that you had suspicions about Scott Peterson? FREY: You say at any point? GERAGOS: Yes. FREY: Before the 8th, or after? GERAGOS: After the 8th? If I understand correct, your testimony is before the 8th you never told him. FREY: Correct. GERAGOS: Okay. After the 8th? FREY: Yes. GERAGOS: On December 21st, I'm pointing to D5N, did you have another phone call with him, 57 minute phone call? FREY: Yes. GERAGOS: Did you talk to him about Scott Peterson on that call? FREY: Most likely. GERAGOS: Did you tell him that you had your suspicions about Scott? FREY: I believe Richard first brought up suspicions to me prior to me even saying anything to him. GERAGOS: Do you remember when that was? FREY: Probably within that week time frame. GERAGOS:. Some time around the 21st? When you say that week time frame, what we were last talking about was the phone call on the 21st? FREY: Un-hun. GERAGOS: Once again almost an hour, 57 minutes, right? FREY: Yes. GERAGOS: That's at 9:15 at night, correct? FREY: Yes. GERAGOS: Now, I assume by that time you had gone through what Mr. Harris had led you through this date on the 11th and on the 15th? FREY: 14th. GERAGOS: 14th? And that's the one, this formal date? FREY: Yes. GERAGOS: Is it a fair statement that virtually every time that you had gone out with Scott Peterson, or you had, he had come over, that you guys had something to drink, alcoholic in nature? FREY: No, I wouldn't say that's a fair statement. GERAGOS: I'm going to show you this picture, I believe, on, while it's warming up. Is this something that you recognize? FREY: Yes. GERAGOS: Okay. What is that? FREY: Scott Peterson blinking before a picture. GERAGOS: Does he look to you to be like he is about pretty stone-cold sober right there? FREY: No. He looks like he's ready to blink. GERAGOS: Ready to blink. JUDGE: Mr. Geragos, for the record, what is the number of that photograph? GERAGOS: 193E, Judge. FREY: No, I don't believe at that time we had opened anything up at that time. GERAGOS: You hadn't opened anything up in terms of alcohol at that point? FREY: Correct. GERAGOS: Okay. Does the 193D, is this the same picture, just the one of these double pictures? FREY: Yes. GERAGOS: Okay. And it's your testimony that that evening, did you eventually have something to drink with him? FREY: Yes. GERAGOS:. Okay. How much would you say you guys had to drink that evening? FREY: I think we didn't drink the same amount on any occasion. GERAGOS: He drank a lot more than you, didn't he? FREY: I would say so, yes. GERAGOS: And you were, fair to say that when you guys would go drinking, you would catch a buzz, right? FREY: When we would drink? GERAGOS: Yes. FREY: I recall two occasions, yes. GERAGOS: Now, well, two out of four? FREY: I believe it's more than four. But – GERAGOS: Well, we had know the 20th. December 2nd, stays over to the third. Third stays over to the fourth. You guys didn't go out other than to Squaw's Leap, right, on that, on the second? FREY: And to the Christmas tree. GERAGOS: To get a Christmas tree. Who paid for the Christmas tree? FREY: I did. GERAGOS: And then you, the next time you went out was the 11th or the 13th. Which was it? FREY: The 11th. GERAGOS: Okay. And then go to the party together on the 13th? FREY: Yes. GERAGOS: Is that right? FREY: No. 14th, not the 13th. GERAGOS: On the 14th, that's this one, the – FREY: Yes. GERAGOS: Now, the picture on the, is this the picture, right? That's the party? FREY: Yes. GERAGOS: Okay. And on that, in that picture, appears everybody is drinking there as well; is that correct? FREY: Yes. GERAGOS: And I assume Scott was drinking, right? FREY: I think he had a couple, or few beers. GERAGOS: Okay. And didn't your friends and you get interviewed about that particular party, and didn't you say at least that he was drinking gin, and tequila, and as well? FREY: No. GERAGOS: Never told that either to Detective Buehler or Detective Brocchini? FREY: No, I never indicated that. GERAGOS: Now, when was the first time that detective Byrd FREY: I don't recall the exact date. It was within, it was December 20th, in that timeframe. So it could have been the 21st is when we discussed. GERAGOS: Did he tell you what he was going to do in order to, when you say in that timeframe we got this call lasts almost an hour. Three minutes shy of an hour on the 21st. Is that your best recollection, that's the day that you had, he had expressed some concerns to you? FREY: Yes. GERAGOS: Does he know Shawn Sibley? FREY: They have met. GERAGOS: Okay. Do they talk? FREY: No. GERAGOS: Now, when you expresses those concerns to you, what does he tell you he's going to do? FREY: He didn't say. He didn't say he was going to do anything. He asked, how did he put it? "So when do you want me to check this guy out for you?" Basically. GERAGOS: What did you tell him? FREY: He was more, I guess, persistent in feeling that there was something not right about things that had, that Scott had told me. The timeframe was just kind of somewhat waiting with his roommate, when he was going to be in town. That's when that was. It wasn't a specific date. GERAGOS: Was his roommate going to do something in particular? FREY: Just look up on his, on the internet on his computer. GERAGOS: Was that internet, was that, isn't his roommate some kind of a law enforcement person? FREY: Yes. GERAGOS: You know he works in Sacramento, correct? FREY: Yes. GERAGOS: And wasn't his roommate, he was waiting for his roommate so his roommate could access a law enforcement computer; isn't that what he told you? FREY: No. GERAGOS: He didn't need his roommate to get on the internet, did he? FREY: No. GERAGOS: Okay. I mean anybody can get on the internet. You don't have to be a law enforcement type, right? FREY: Right. GERAGOS: So he told you he wanted his roommate to come back. He wanted his roommate to do it, correct? FREY: Because that was his field. But not that he was using a computer that wasn't in his home. GERAGOS: What do understand his roommate – this is David Perez, right? FREY: Correct. GERAGOS: What do you understand his roommate, his employer, who do you understand that to be? FREY: Just that he was an investigator in Sacramento. I didn't know very much more extensive than that. GERAGOS: Did he tell you for the Department of Justice? FREY: I don't recall. GERAGOS: Do you remember what type of an investigator he was? FREY: Huh-uh, no. GERAGOS: Okay. Now, at that point, you, on the 21st, you had not seen Scott for six, seven days? FREY: Since the 15th. GERAGOS: Okay. Then the 15th was the last time that you saw Scott, was that correct? FREY: Yes. GERAGOS: Okay. And on the 16th, and 17th, and the 18th,19th, 20th, 21st, you exchanged phone calls, right? Those are, that's Byrd's list. I'll show you this one. FREY: Oh. GERAGOS: If that helps. Once again, calls in blue are by you. Calls in red are by him? FREY: Are these including attempts to call, or containing actual conversation? GERAGOS: Every call. FREY: Okay. But that hasn't been clarified to me. GERAGOS: I'm clarifying it to you. It's every call that are listed, either from your cell or from his cell. Is that fairly accurate in terms of the number of calls going back and forth? FREY: Yes. But unfortunately it doesn't show actual contacts or conversations. GERAGOS: That one does. I'll mark that for you. FREY: Okay. GERAGOS: That one is your phone record? FREY: My phone records. It only shows outgoing calls, but not incoming. GERAGOS: You have got those marked as well. I will mark this next in order. And I'll put that. JUDGE: D5O. GERAGOS: Now, the phone calls JUDGE: Excuse me, Mr. Geragos. How are you going to identify that? GERAGOS: Amber Frey phone record. JUDGE: Okay. Just so I'm right, the other one is phone calls by Amber Frey to Officer Byrd, just for phone numbers. GERAGOS: That's correct. This is the, D5N is a list of phone calls with duration times, number of calls, and subscriber. This is, D5O is a list of her phone calls. And specifically this document are the phone calls that are made back and forth in red by Scott, in blue by you. Do you understand that? FREY: No, I understand that. GERAGOS: Okay. Now, is it a fair statement that you didn't see Scott, or he told you, on the 15th when he left, where did he tell you he was going? FREY: On the 15th he had business he was going to be doing in Arizona or New Mexico. GERAGOS: Okay. And told you that he was not going to be able to break away; isn't that correct, but he wasn't, didn't expect to see him for quite a while? FREY: Correct. GERAGOS: And, in fact, based on that conversation that you had, nothing had really changed from the first conversation on the first date from November 20th in terms of his schedule, right? FREY: Correct. GERAGOS: Okay. So if I understand correct, he's telling you on November 20th, I'm going away, I'm going to be away during these specific time periods, and nothing about that changed in terms of the time periods, or where he was going to be up until the time of the 15th, right? FREY: Correct. GERAGOS: And then, at that point, there is how many, I know there is, that there is what looks like about five, four, two, eight, two, and two, phone calls. How many conversations do you think you had with him after the 15th in that next week? FREY: From the 15th to what day? GERAGOS: From the 15th to, say, the 24th. FREY: Actual conversations? GERAGOS: Actual conversation, where not just leaving a voicemail, not playing phone tag, where you actually talked to him. FREY: I mean if I were to have to guess, and what I recall, maybe three conversations. GERAGOS: Okay. You had, it looks like from the calendar, I'll show you again, that he did not, that he did not call you, at least from his cell phone, on the 20th, right? FREY: Correct. GERAGOS: He did not call you from his cell phone on the 21st, right? FREY: Okay. GERAGOS: The 22nd, the 23rd, or the 24th; is that right? FREY: It doesn't show that he called. Is that GERAGOS: Now, if I remember correctly from when you were testifying on your direct, you, at some point, there was a phone call that was made from Sacramento from a pay phone; is that right? FREY: Yes. GERAGOS: That was on, your best memory is the 23rd? FREY: Yes. GERAGOS: Okay. So as far as your memory, as you sit here today, and assuming that Investigator Jacobson's chart is right, and going back and forth from the, from your phone to Scott's phone, back? FREY: Uh-huh. GERAGOS: As far as your memory, Scott never called you from his cell phone on the 20th, 21st, 22nd, 23rd or 24th; but you do have a memory of him calling you from a pay phone in the 916 area code on the 23rd? FREY: Yes. GERAGOS: And do you remember what approximately what time that was? FREY: I believe it was in the evening. I don't know exactly what time it was. GERAGOS: Okay. Now, did you then make a call back? FREY: Yes. GERAGOS: Okay. You called back to that pay phone? FREY: Yes. GERAGOS: Okay. And you had a conversation? FREY: No. GERAGOS: Do you know why it would have taken you three to five minutes on that call to the pay phone? FREY: I don't recall. GERAGOS: Then after you made that call, did you then call the Sacramento Airport? FREY: Yes, I did. GERAGOS: Okay. Did you have him paged? FREY: Yes. GERAGOS: Okay. And did you tell them why you were having him paged? FREY: I don't recall if I told them or not. GERAGOS: Okay. And did you get a response? FREY: No. GERAGOS: Okay. That was in, and that's once again on the 23rd. So he calls you from the pay phone. It's a very short phone call, right, when he calls you? FREY: I believe, from what I remember it was, yeah. GERAGOS: Less than five minutes? FREY: Maybe a little more. But it wasn't a long call. GERAGOS: Then you called back on that pay phone number, whatever, on your cell phone? FREY: Un-hun. GERAGOS: Is that yes? FREY: Yes. GERAGOS: And then you called the airport to have him paged? FREY: Yes. GERAGOS: You don't speak to him on, you don't talk to him again on the 23rd, on the 23rd? FREY: I don't recall. There is some dates that I don't recall exactly. GERAGOS: Well, other than that, and I don't mean to interrupt you, but I have got the calendar here. FREY: Okay. GERAGOS: There is no phone calls from him the 20th through the 24th, at least on the cell phone. Based upon your testimony so far, your only memory is one phone call from a the pay phone on the 23rd, correct? FREY: Yes. GERAGOS: Okay. And then on Christmas day you leave a couple of messages for him, right? FREY: Yes. GERAGOS: Okay. And does, do you talk to him? Do you have a conversation? FREY: Yes. GERAGOS: How long was that? FREY: I don't recall the first conversation or talk. In the earlier part of the day in the evening. In the evening. If I look at the phone records I'll remember, but – GERAGOS: I'll show you which is easier for you to look at, if that refreshes your memory better. FREY: Only things, they only show the outgoing, not in coming. These don't show the time. So probably to look on here, 25th is what you are asking me? GERAGOS: I'm asking you, at some point did you, you know somebody by the name of Doug Sibley, right? FREY: Yes. GERAGOS: Doug Sibley is Shawn Sibley's uncle? FREY: Yes. GERAGOS: Also a friend of yours? FREY: Yes. GERAGOS: At some point do you have, do you call him and complain about Scott not calling you? FREY: No. I was at their home that evening. GERAGOS: What evening? FREY: Well, the 25th. GERAGOS: Christmas Day? FREY: Yes. GERAGOS: Okay. And Christmas Day do you say something to Doug Sibley? FREY: Yes. GERAGOS: What did you tell him? FREY: That I hadn't heard from Scott yet. That he was going to be calling me later. And he said that he wanted to call and talk with him. And so I dialed his number, and gave him the phone. And at that point he went in the other room. And he left a message with Scott. GERAGOS: Okay. So you complained to him on Christmas. And in the evening you go over there to Christmas dinner? FREY: Yes. GERAGOS: Okay. That you hadn't heard from Scott yet, right? FREY: Again, he had said he was going to call me again that evening, and he hadn't yet. GERAGOS: Okay. And then it was your understanding that he leaves and calls Scott, and leaves a message saying, look, if you tell a young lady you are going to call to her, you should call her, something to that effect? FREY: Yes. GERAGOS: Then the next day, the 26th, Mr. Harris had asked you about a number of phone calls. FREY: Uh-huh. GERAGOS: You made what appears –- if I'm right here, you made one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen phone calls. FREY: Yes. GERAGOS: So you called Scott on the 26th fourteen times? FREY: Again, attempts or actual contact? GERAGOS: You actually dialed the number fourteen times? FREY: Yes. GERAGOS: Now, if I understood correct, Mr. Harris said that, or had asked you why you were calling him. And I think you said because you got a present; is that right? FREY: Yes. GERAGOS: Okay. Is this the present? FREY: So. GERAGOS: Something like this? FREY: Yes. GERAGOS: Okay. Could I mark this box and contents as defense next in order. JUDGE: D5P. Box and contents. This is the Christmas present. FREY: Yes. GERAGOS: This is the item. I guess you were shown the receipt. This is what he sent you. You had opened it up and seen this? FREY: Yes. GERAGOS: And so that's why you called him fourteen times because of this? FREY: Yes. GERAGOS: Now, did you reach him at one point? FREY: Yes. GERAGOS: Okay. When you reached him, did you thank him for the present? FREY: Yes. GERAGOS: And was the present, specifically when was it delivered to you, do you know? FREY: My neighbor, my landlord received the package and brought it over to me, and it was on the 26th. GERAGOS: What time was that? FREY: I don't recall the time. I don't recall the time. GERAGOS: Now, on the 24th you were with Richard Byrd, correct. FREY: Yes. GERAGOS: On the 24th you guys went to some Christmas Eve gathering, correct? FREY: I went to a dinner at a friend's home. GERAGOS: Okay. And that dinner that you went to with him, did you discuss Scott and his suspicions at that dinner? FREY: I didn't talk with Richard that evening. It was, there was a lot of other family members there and other children. So, to my recollection, we didn't really talk about any of the suspicions. GERAGOS: Okay. Now at some point after the 26th, within two days, you have a friend named Denise? FREY: Yes. GERAGOS: And did you go to Denise's house to search the internet? FREY: I went to her in-laws. GERAGOS: And is that where you searched the internet with Denise? FREY: Yes. GERAGOS: And the two of you were looking for Scott Peterson? FREY: Yes. GERAGOS:. And that was on December 28th in the evening? FREY: Yes. GERAGOS: And did you end up finding anything in regards to Scott Peterson on the internet on December 28th? FREY: No. GERAGOS: So you what did you do, a Google search for Scott Peterson on the 28th, and just came back with nothing? FREY: There was, I don't know what Google, or what search engine that she used. There was numerous amounts of Scott Lee Petersons. We were looking in the Sacramento area, because that's where I was told he lived. GERAGOS: Then the next day, on the 29th, you get a call, if I understand correctly, you get a call from Richard Byrd out of the blue? You are at a party somewhere? FREY: On the 29th I was over by his residence. And I had called, I had called and left a message. And before I was leaving the store that was just down the street from his home, he called me back and said he was home with his roommate. GERAGOS: Okay. Now, so I understand correctly, on the 28th when you and Denise do this search, you go on the internet, you can't find anything. You get, there is too many Scott Petersons. Nothing hits, right? FREY: Nothing hits. GERAGOS: So you go on your way on the 28th. Nothing else happens. On the 29th, you are somewhere at a store near whether Richard Byrd lives? FREY: Yes. GERAGOS: Okay. FREY: Okay. GERAGOS: Richard Byrd happens to call you when you are at the store? HARRIS: Objection. Misstates the testimony. JUDGE: She said GERAGOS: You called him, and you returned the call? FREY: Yes. GERAGOS: You weren't at a party? FREY: No. GERAGOS: You weren't up at some somebody's party somewhere where he called and said, I don't know if you want to hear this right now, spoil your evening, right? FREY: No. I just, it was an, I believe that was Sunday. I just left church. And I went down to a Rite-Aid. And it was down the street from his home. I called, because I was close by his home. GERAGOS: And then? FREY: And he called me back. GERAGOS: Okay. And he told you what? FREY: Come over. He was home with his roommate. GERAGOS: So he didn't tell you over the phone? FREY: Tell me what? GERAGOS: Did he tell you on the 29th that I think Scott Peterson is somehow related to Laci Peterson? FREY: Not at that point. This was earlier in the day when this is taking place. GERAGOS: What time was this? FREY: In the afternoon. GERAGOS: Okay. Now, and that's on the 29th of December? FREY: Yes. GERAGOS: Okay. And so his roommate David was home? FREY: Yes. GERAGOS: And when you go over, Dave is there? FREY: Yes. GERAGOS: And what do you tell them? Do you tell them that you have got these suspicions? Or does Byrd tell him that he's got this suspicion? How does it transpire? FREY: Basically to that effect. He said tell me about, tell me about him. So I gave him information that I knew about him, as far as his name, his age, birth date, type of vehicle, that he was in the Rotary Club. He worked for TradeCorp. And said that he lived in Sacramento. That I knew he also went to school in San Luis Obispo. These were things that he took down in a notebook. GERAGOS: Okay. Now, if I understand correctly on the 27th, you and Scott had talked, in fact, looks like there were four phone calls by you, and then three calls right in a row from him; is that right? FREY: Yes. GERAGOS: And on the 28th you had talked, you left two messages. He called you back; is that correct? FREY: That's what it appears, yes. GERAGOS: On the, on the 29th, 3:00 o'clock, 3:09, 3:10, you made two phone calls, right? FREY: Yes. GERAGOS: 6:10 he called you back. Looks like you must have got cut off or something. You called back twice, right? FREY: Yes. GERAGOS: Okay. Now, when you are doing that, when you are calling him on those days, on the 29th, are you telling Scott that you have got some suspicions, or anything about where he is? FREY: On one of those calls, whether it was on the 29th I don't recall, yes, I did. GERAGOS: Okay. And at that point, is that before or after you had met with Byrd and Perez? FREY: Before. GERAGOS: What time did you meet with Byrd and Perez? FREY: It was about, it was in the afternoon time. GERAGOS: Okay. Well, it first looks like you had a phone conversation with Scott at about 6:20; is that right? FREY: He had called, yes. GERAGOS: Okay. And the specific time when you actually got a call saying, questioning if Scott Peterson is related to Laci Peterson, was that when you were at Byrd's house? FREY: No. GERAGOS: Was that when you were at a party somewhere? FREY: Yes. GERAGOS: Who were you with at that party? FREY: Shawn Sibley. GERAGOS: Okay. Now, when you were, Shawn, did they tell you specifically, didn't you, didn't you use David Perez because you knew him to be on a task force in Sacramento? FREY: No. GERAGOS: Didn't you specifically say that he works in another task force in Sacramento that has a larger database? FREY: Did I say that? GERAGOS: Un-hun. I'm going to show you what's a transcript of your interview with Detective Buehler. FREY: Okay. GERAGOS: Would you read that to yourself? JUDGE: Just to yourself. GERAGOS: Read to it yourself. JUDGE: See if that refreshes your recollection. FREY: Okay. Continue. GERAGOS: That's the portion I need you to read. FREY: Just that portion. Okay. GERAGOS: Isn't it the case that you specifically went over to Richard Byrd's, and because his friend David Perez works in a task force in Sacramento and had a larger database, isn't that what you told the police on the 30th? HARRIS: Objection. Vague and compound. There is two parts to that. Whether that's what she told him, or if that's why they went to the house. JUDGE: All right. I think the question was, is that what she told them. GERAGOS: Is that what you told them on the 30th, is that what you told Modesto PD on the 30th, that you had gone over to your friend Richard Byrd, who is a police officer, and his friend David Perez works in another Task Force in Sacramento and has a larger database, and you started checking things, came up with a lot of stuff. FREY: That's what I was told about David Perez from Richard Byrd. JUDGE: I think the question was, that's what you told the Modesto Police Department? FREY: If that's what in these records. GERAGOS: This isn't a report. This is transcripts of what you said. I could play the tape. This is FREY: Then yes. GERAGOS: Is this a transcript of what you said? FREY: Yes. GERAGOS: Now, specifically, didn't the, didn't you say, tell him on that day, I can't find TradeCorp anywhere. And you said, I may be missing something. Maybe I'm missing something. Is that correct? FREY: Yes. GERAGOS: Okay. Didn't you tell them that you found several Scott Petersons in San Luis Obispo and Sacramento? FREY: Yes. GERAGOS: And those were the only ones you looked at. You couldn't find anything really, so you went home. And then after church you went over to Richard's house, right? FREY: Yes. GERAGOS: You started having him use his Sacramento Task Force database, correct? FREY: No. GERAGOS: That's what you told Modesto PD, correct? FREY: That's what his profession or his line of work was. But we used a simple computer just in his home. So it wasn't a database. GERAGOS: Where did you come up with, I think I'm quoting you directly here. I went over to my friend's, Richard Byrd, which is the police officer. And his friend David Perez works in another Task Force in Sacramento, has a larger database. He started checking things, came up with a lot of stuff. FREY: Yes. GERAGOS: Is that true? FREY: What's true, or what I'm saying is, he wasn't in Sacramento. He was at his home. So he wasn't using the database from Sacramento or from his, whatever. JUDGE: His job? FREY: From his job is what I'm saying. GERAGOS: Do you know if, wasn't it your understanding that what he was doing was checking into the Department of Justice database from his home computer? FREY: No, no. That's not what GERAGOS: Where did you come up with this larger database? FREY: Because that's what I was told, that that was his job. But that's not what he was pulling from him. He was pulling from a regular internet when I was there. What he did after I left, I don't know. GERAGOS: Where did you come up with, I don't want to belabor, where did you come up with what you told the police? HARRIS: Objection. Asked and answered. JUDGE: I think so. But I don't think she's really answered it yet. GERAGOS: She has not. FREY: I don't know how to answer it, honestly, because JUDGE: Okay. You don't know where he came up with the larger database. GERAGOS: That's what I'm asking you. FREY: I understand what you are saying. That's what I said .But what I'm saying is what he pulled it from was just his home. GERAGOS: But you don't know that, because you weren't there. Isn't that what you are saying now? FREY: Now, I wasn't there when he actually came up with anything, because I left their home. GERAGOS: You told the police at the time FREY: I understand. GERAGOS: you went over there. FREY: I understand that. GERAGOS: Because he had actual, the access to this larger database, right? FREY: Yes. But I don't know if he actually used it from there, or not. I can't speak for him. You would have to ask him. GERAGOS: Okay. Now, and that's not what I'm after. I'm after what you were being told, what you said. FREY: Okay. GERAGOS: Do you understand that? FREY: Okay. GERAGOS: Okay. Now, specifically, on that, this be a good time to take a break? JUDGE: All right. Take a recess until GERAGOS: Until what? JUDGE: Until 3:00 o'clock. We'll take the afternoon recess. Come back at 3:00 o'clock and pick up. (recess> GERAGOS: Now, the 29th, when you get this phone call, that's from Richard Byrd, correct? FREY: Yes. GERAGOS: And he tells you something to the effect that Scott Peterson is related to this woman who's missing, right? FREY: Yes. GERAGOS: And does he tell you who to call? FREY: Yes. GERAGOS: Tells you to call Al Brocchini? FREY: He told me to call, he gave me a number. It was the Modesto hot line number. I don't recall exactly what it was called, but, GERAGOS: Does he tell you a specific name to ask for? FREY: I don't, I don't remember if that was given or not at that time. GERAGOS: Okay. You do, you end up calling immediately, right? FREY: Yes. GERAGOS: Okay. You didn't call Scott? FREY: No. GERAGOS: Okay. At that point, prior to getting that, I assume you started to get suspicious at a certain point? You said around, what, the 21st? JUDGE: 28th. GERAGOS: 21st of December? JUDGE: I think you she said the 28th. Was it the 28th you said you were getting suspicious? Was it sooner than that? FREY: It was before that. JUDGE: Okay. I'm sorry. Then I had the wrong date. What date was it? FREY: I don't recall specifically the date. It was in that time frame of the week. JUDGE: That week. GERAGOS: We're talking, the time frame when had you that one call from Byrd, that lasted about an hour? FREY: Correct. As far as talking about suspicions, yes. GERAGOS: Right. So that happened prior to the 24th, correct? FREY: Yes. My first indication of where I felt suspicious was when he gave me a P.O. Box number of Modesto, is when I, it really clicked for me that there was suspicions, even prior to Byrd seeing, giving his own suspicions. GERAGOS: He got the P.O. Box on the 23rd, and that phone call of Byrd is on the 21st. So could you be collapsing the two of those? Because the FREY: No, he, Richard, Richard Byrd had suspicions prior to even me having them. That just kind of set it in a little more to where it didn't sound right to me. GERAGOS: Okay. So then you get the, you get the information. Did you ever confront or ask Scott about the P.O. Box? FREY: I told him I didn't understand, and he explained it to me, and I still wasn't very clear about how that, how it was supposed to work. GERAGOS: Okay. So then you, you get this call from Byrd. Byrd gives you a hot line number. You call the hot line, right? FREY: Yes. GERAGOS: Okay. And then sometime the next day you get a visit from two detectives, Buehler and Brocchini? FREY: Correct. GERAGOS: Okay. Where were you when they came? FREY: My home in Madera. GERAGOS: And Shawn Sibley was at your house? FREY: Yes. GERAGOS: Now, I assume Shawn Sibley was with you the night before when you got the phone call? FREY: Yes. GERAGOS: And so you discussed it immediately with her? What Richard had told you, Richard Byrd had told you? FREY: After, no, not after Richard. After I got off the phone with the Modesto dispatcher, and after my initial shock, I was able to get out the gist of it, yes. GERAGOS: So you, but wasn't Shawn with you when you did that? When you made the phone call? FREY: She was in another room. I was in a room by myself when I made the call. GERAGOS: Okay. When you were in the room by yourself, did you talk to him about, did you talk to the dispatcher and give them the information that you had? FREY: Yes. GERAGOS: And then did they give you another number to call back? FREY: No. GERAGOS: And you didn't hear anything, so you just called again in the morning? FREY: Yes. GERAGOS: And you called from a different house in the morning, right? FREY: I called from GERAGOS: The Sibleys'? FREY: The Sibleys' home. I used their line. GERAGOS: Right. That's why it doesn't show up on your phone? FREY: Yes. GERAGOS: So then you call that next morning. They show up and Shawn's at your house and Brocchini and Buehler show up; is that right? FREY: Yes. GERAGOS: Now, when Brocchini and Buehler show up, they're telling you, or they want to know what's going on and you want to give them the information, correct? You give them all kinds of information FREY: Yes. GERAGOS: in an interview, right? FREY: Yes. GERAGOS: And they interview Shawn Sibley in front of you, right? With you present? FREY: Yes. JUDGE: Can I just, this is on December 30th now, correct? GERAGOS: This is on the 30th at approximately 11:00 o'clock in the morning, correct? JUDGE: Okay. GERAGOS: Is that right? FREY: Yes. GERAGOS: Now, when they come there, you recount a lot of the stuff that we've been talking about today, correct? FREY: Yes. GERAGOS: Do they tell you, they tell you certain things about how they believe he's a big suspect in the case, correct? FREY: They said at that point yes, and that there was, that they were looking to eliminate as well. GERAGOS: Well, they told you that they weren't releasing the fact that he was a big suspect? Isn't that what they said? FREY: Without looking at their documents or what they had written down – GERAGOS:. Uh-huh. FREY: I, I'm, I'm sorry, can you ask me – GERAGOS: Well, they told you when they came there – FREY: Uh-huh. GERAGOS: various, you told them your story; basically what you testified to here, correct? FREY: Correct, yes. GERAGOS: Okay. And they talked to you about the fact that they asked for, for instance, receipts or pictures, and you gave them the condoms; you had that, right? FREY: Yes. GERAGOS: You had condom wrappers or something like that you handed them; is that right? FREY: Yes. GERAGOS: You handed them the corks from the wine that you had saved, right? FREY: Yes. GERAGOS: You had handed them, did you hand them a soil sample of some kind from Ayiana's shoes? FREY: I don't believe it was that first day, but, yes, they did take some sand from her shoes. GERAGOS: Okay. And you told them about how he had cooked for you, or you had had him pick Ayiana up, correct? FREY: Correct. GERAGOS: Okay. They would make, Brocchini and Buehler would make cracks like You want to marry this guy, don't you, he's attractive to me, correct? FREY: I believe they, they had made some remarks like that, yes. GERAGOS: Okay. Because you're describing what he had done – FREY: Right. GERAGOS: and he's a nice guy? FREY: Uh-huh. GERAGOS: And they're saying Wow, you want to marry this guy, don't you, Brocchini says; and Buehler says Oh, he sounds attractive to me, right? FREY: You stated it as for me that I wanted to marry this guy in the – GERAGOS: I'll show you a page. FREY: Yeah. GERAGOS: This is the transcript once again. FREY: Okay. GERAGOS: Brocchini says: You want to marry this guy, don't you, Jon. And Buehler says: Oh, he sounds attractive to me. FREY: That sounds GERAGOS: Is that correct? FREY: That sounds about right. To each other, yeah. GERAGOS: Okay. And as they're joking about this, they're telling you that you've made their overtime worthwhile, correct? FREY: They're telling me this? GERAGOS: Yes. FREY: Or this is in their statement? GERAGOS: Yeah. They say: Thank you for coming forward, you've made all this overtime worthwhile? FREY: I don't recall if they made that statement or not. GERAGOS: Okay. Now, when you told them about all of this, one of the suggestions you had, you wanted to cooperate in any way to try to see if this was the, if he had anything to do with this, correct? FREY: Yes. GERAGOS: Okay. One of the, well, let me show you on page 33. Buehler tells you: Uh-huh, he's a big suspect? Isn't that what he tells you? FREY: That's what's in his report. GERAGOS: And Brocchini says: Well, the paper's not saying that. And Buehler says: That's true, we're not telling them that; right? Does that refresh your recollection as to them telling you that at that point, on the 30th, Scott's a big suspect, they're not letting anybody else know of that? Isn't that what they tell you? You have to – FREY: That sounds familiar, yes. GERAGOS: Okay. When you say it sounds familiar, that's what, they were in there; they were tape recording this, right? FREY: Yes. GERAGOS: Okay. When they tape recorded this, that was with your permission, correct? FREY: My statement and Shawn's, yes. GERAGOS: Now, you had told them about the fact that you had had sex with Scott on at least three occasions, right? Out of the four or five times, that you had had sex with him on at least three occasions, correct? FREY: Yes. GERAGOS: And one of the things that you told them is that on one of these days that you had had unprotected sex, meaning he didn't use a condom, right? FREY: Yes. GERAGOS: And so at that point did you tell them that, that you could basically use a ruse that you were pregnant and that that could be something that the officers could use? You could tell Scott, Look, you know, I haven't gotten my period, I'm pregnant, and see if that would elicit some information? FREY: I didn't use the word "ruse." But that was the concept, or along the lines, yes. GERAGOS: Yeah. Buehler was the one who said So you're suggesting we could probably use that as a ruse, or something like that, and you said yes, or yeah? FREY: Uh-huh, yes. GERAGOS: And that you thought that you definitely, you definitely thought that, that you could convince him of the fact that you were pregnant; is that correct? FREY: That it was a possibility. GERAGOS: Okay. And your idea was that if you could convince him of the fact that you were pregnant, that maybe that would kind of draw him out in some way, correct? FREY: At that point I was willing or open to any GERAGOS: To any kind of a ruse that you could FREY: Well, in assisting the police. If that would help in any way, that that was something that I would be willing GERAGOS: Okay. FREY: to do. GERAGOS: And that was your idea, right? FREY: Yes. GERAGOS: Okay. Did you come up with any other ideas as to how you could get this information out of him? FREY: No, I don't recall any other, no. GERAGOS: Okay. Well, the, specifically when you, when you, they asked you if you would tape record calls, you told them you would have no problem with that, right? FREY: I don't recall the exact content, but I said that that would be something that I would be willing to do. GERAGOS: Okay. Now, and you already had saved this voice mail message from the 16th, right? FREY: It was still on my phone message, yes. GERAGOS: So you gave them that as well, correct? FREY: Yes. GERAGOS: Now, the, specifically you told them that you would be willing to, well, let me, let me take it back a little. When you find this out, are you angry, are you mad? What's your, what's your state of mind at that point? FREY: When I GERAGOS: On the 30th when they come in there? FREY: My state of mind, I was, I was in shock for some time. GERAGOS: Okay. Now, while you were in shock, they told you to play along with so that you could tape this in the interim? Is that what the cops told you to do? FREY: Yes. GERAGOS:. Okay. So the first tapes that we heard here that went on the 26th, actually, I'm sorry, the 30th, 31st, 1st, 2nd, 3rd and 4th, all of those, those are while you're still in this state of shock and you're playing along with them; is that correct?
FREY: You asked my initial state of, state of mind. GERAGOS: State of mind. FREY: So my initial state of mind was I was in shock. When I met with Detective Buehler and Brocchini, I would still say I had, you know, I was still very much shaken up about the whole ordeal of what I had learned and what was taking place. GERAGOS: Okay. Now, when you, when you start making these taped phone calls FREY: Uh-huh. GERAGOS: at that point you didn't know whether, had you even considered the fact that there was going to be a wiretap issued at that point? FREY: No. GERAGOS: One of the goals that you had, though, was to not let Scott know that you were recording him, correct? FREY: Correct. GERAGOS: And they would give you, when you were recording him, prior to January 6th, you were recording him and you were just playing along, right? FREY: Basically. GERAGOS: And you knew in your own mind you had been given a lot of information at that point by the officers and you had started, and from your friends as well, correct? FREY: What do you mean by a lot of information? GERAGOS: Had you talked to Richard Byrd in the interim, after you talked to the officers? FREY: Not a great deal, but, yes, we spoke. GERAGOS: Okay. And after the officers came on the 30th FREY: Uh-huh. GERAGOS: of December, you ended up calling Richard Byrd, you talked to him, I guess, on the 30th at 2:04 in the morning; is that correct? FREY: Yes. That's when I first learned that, he told me to GERAGOS: Okay? FREY: If that was the time. I know it was early morning. GERAGOS: Okay. And you talked to him again on the 30th, the 31st and the 1st, correct? FREY: I, I would need to see that, if that's what's in front of you. GERAGOS: Sure. In fact, on the 1st, in fact, you had a 26 minute phone call with him? FREY: Okay. GERAGOS: Did you discuss, did you discuss your cooperation with the police at that point? FREY: I don't recall our conversations. GERAGOS: You don't recall what you said to Richard Byrd? FREY: No, I don't. GERAGOS: Okay. Do you recall if you told him that at some point they wanted you to go up and have a, that they called a confrontation on January 6th? FREY: I'm sorry, your, was your question did I tell him about that? GERAGOS: Yeah. Did you tell him you were going to go up there on January 6th? FREY: No, it wasn't something that was planned. GERAGOS: It was what? FREY: It was, it wasn't something that was planned through the police department that I come up on that date. GERAGOS: Well, you called them on the 6th, right? FREY:. I called who? GERAGOS: The police on the 6th, correct? On January 6th? FREY: My recollection, they had contacted me and wanted me to come up there that day. GERAGOS: Okay. And you said you would? FREY: Yes. GERAGOS: Okay. And when you said you would go up there, did they tell you why they wanted you there? FREY: Not until I was there. GERAGOS: Okay. When you got JUDGE: When you say "up there," you're talking about Modesto? GERAGOS: Right. GERAGOS: When you, when you got there to Modesto, you, they asked you if you, if you would come in so that they could monitor the calls, correct? FREY: I don't recall. It, is it documented? GERAGOS: Yes. FREY: Okay. GERAGOS: Read the yellow to yourself. FREY: And who is this from? Okay. Detective GERAGOS: Tell me when you're done reading it to yourself. FREY: Okay. GERAGOS: Did you finish reading it to yourself? FREY: Yes. GERAGOS: Okay. Now, they asked you to come up there so they could monitor the calls, correct? FREY: Yes. GERAGOS: And what they wanted to do when they monitored the calls is they wanted to be able to give you constant supervision as to what was going on; is that correct? FREY: Yes. GERAGOS: And they also wanted to give you constant suggestions as to what you should ask, right? FREY: Yes. GERAGOS: And there was a, who was present during this, the first confrontation call that you made, in the room with you? FREY: Detective Jon Buehler and Sharon GERAGOS: Hagan? FREY: Hagan. GERAGOS: Okay. From the Department of Justice? FREY: Yes. GERAGOS: Okay. Now, she would sit there and she would tell you, kind of whisper in your ear or tell you things that you should say, correct? FREY: I believe most of it was on paper. GERAGOS: Post-its? FREY: It was, just paper, legal paper. GERAGOS: Okay. Did they sit there and tell you Okay, I want you to ask these questions or want you to ask those questions and kind of feed you the questions, so to speak? FREY: Yes. GERAGOS: So when we were listening, the jury was listening to these tapes on the 6th and the 7th and the 8th, is that what was going on during that three day period of time? The 6th, 7th FREY: Yes. GERAGOS: and the 8th? What I'm getting at is before the 6th, before you confronted him FREY: Uh-huh. GERAGOS: so to speak, you were doing these phone calls and you're just playing along, right? FREY: There were at times suggested conversations that Detective Jon Buehler would relate to me. GERAGOS: Okay. When you're saying what he would relate to you FREY: Uh-huh. GERAGOS: so he's giving you suggestions as to what to ask, correct? FREY: Yes. GERAGOS: Okay. But he's not sitting with you at the time, is he? FREY: No. GERAGOS: Specifically, specifically, the only time, or the first time you had people specifically sitting with you was when you went up to Modesto PD and you used this ruse about Saki saying, Saki is your girlfriend, saying that she had a message for you, correct? FREY: She had actually done that in fact. GERAGOS: So that was actually true? FREY: Yes. Not in the time frame. It had been a couple days prior, I believe, but that scenario actually did happen. GERAGOS: Yeah, but that's, that was you, you were still using that as a ruse FREY: Correct. GERAGOS: to try to get him to tell you about Laci, correct? FREY: Yes. GERAGOS: And then the idea was to try to get him to admit something, to admit some involvement, correct? That he had something to do with Laci's disappearance? FREY: I don't think I quite agree with your statement. GERAGOS: Well, didn't you, didn't you ask him repeatedly, I mean you were here for most of this 11 hours of tapes – FREY: Yes. GERAGOS: that we did, weren't you? FREY: Yes. GERAGOS: Okay. During most of those 11 hours of tapes, didn't you go through and repeatedly ask him if he was involved, suggest that he was involved, basically accuse him of being involved? FREY: I questioned him many times in different, in different ways, yes. GERAGOS: Okay. And starting on the 6th, wasn't that as a result of the prompting that you were getting from Miss Hagan, Buehler, and who else was present? FREY: That was it. GERAGOS: Okay. Wasn't that from Hagan and Buehler? FREY: Yes. GERAGOS: Okay. And they were telling you what to say and how to say it; is that correct? By writing it down on pieces of paper? FREY: They would have suggestions in front of me, yes. GERAGOS: Okay. Some of those tapes, you've reviewed the tapes, correct? FREY: Yes. GERAGOS: Okay. Only a portion of the tapes that you recorded were played here in court, correct? FREY: Correct. GERAGOS: Have you listened to all of the tapes and read all of the transcripts? FREY: Yes. GERAGOS: There's a number of places in the transcripts of the tapes that weren't played here where you can actually hear Sharon Hagan's voice; isn't that correct? You can hear her say something, and then – FREY: I don't recall that distinctly, but... GERAGOS: Okay. There's a, when I show you a transcript and then you hear the ringing first, when you hear conversation before any, the ringing goes through, that's because you're taping, correct? FREY: Yes. GERAGOS: And you only learned after the fact that the, there was a wiretap, correct? FREY: A wiretap on Scott Peterson's phone? GERAGOS: Right. FREY: Correct. GERAGOS: You didn't know at the time that you were making these calls that there was a wiretap, right? FREY: Correct. GERAGOS: Okay. At the time that you were making these calls, you were led to believe by the police that you were the one who was doing the tape recording FREY: Yes. GERAGOS: correct? FREY: Yes. GERAGOS: And you did not at any point, or when was the first time that you found out there was actually a wiretap? That they were actually wiretapping Scott Peterson's phones? FREY: It was some time, I want to say even after there was an arrest. GERAGOS: After his arrest? FREY: I believe so. I don't, I really don't recall the time I first learned of it, but it was sometime after. GERAGOS: Okay. Now, were you aware, is there a point, and I'll come back to it in a second, in this kind of time line, if you break it down, there's your recorded calls where you're taping them off of your phone, where you had that Radio Shack attachment. That takes place first from December 30th through January 5th, where you're just playing along, right? That particular block of calls, where, you know, you're pretending like Yes, you're in Europe, I don't know anything about Laci, right? FREY: Yes. GERAGOS: And then after January, or January 6th through 8th, you're actually in the Modesto Police Department recording the calls with them, with Sharon Hagan and Buehler there, right? FREY: Yes. GERAGOS: After January 8th, did they tell you that, that they didn't want you to make any more calls? FREY: They discussed how I felt about what I was doing and whether I wanted to continue, or how I felt about that as far as how, how I was holding up emotionally. That's what I recall from that. GERAGOS: Did they tell you that you were supposed to tell them if you made any other calls? FREY: I always kept contact with Detective Buehler when the GERAGOS: Did you ever hide the calls from Buehler? FREY: No, I did not. GERAGOS: You've reviewed the reports in connection with this case? FREY: What reports? GERAGOS: Have you reviewed the reports FREY: No, I haven't. GERAGOS: in connection with yours? FREY: No. GERAGOS: Take a look at this. HARRIS: Is this something that's supposed to refresh the witness's mind? GERAGOS: Yes. 1671 Bates stamp. HARRIS: Is this supposedly a statement she's made or a report that she's written? GERAGOS: It's a statement that she's made and a conversation that she had with Detective Buehler on the 12th and the 13th of January, as reflected in a report by Detective Buehler on 1671 Bates stamp. GERAGOS: Did you read that? FREY: Yeah, I'm reading it. I'm just looking back as far as time frames. I don't understand what your point is. GERAGOS: Okay. I'll ask you. Did you have a conversation with Scott Peterson sometime on the 12th of January? Actually, we heard it here in court. There was a conversation on the 12th of January, correct? FREY: Yes. GERAGOS: Okay. Did you tell, did you tell the police about that conversation? FREY: Yes. GERAGOS: Did you tape it? FREY: Yes. GERAGOS: Did you give the tape to the police? FREY: Yes. GERAGOS: At any point did you have a conversation with Detective Buehler, at 5:00 p.m. on the 12th, in which you stated that you had received no other calls from Peterson? FREY: At that time I don't believe I had. GERAGOS: Did you say earlier that same morning, at approximately 8:00, there had been a two minute message that you had left on Scott Peterson's cell phone? You left him one on his cell on the 13th, in the morning? FREY: I may have. I don't GERAGOS: Okay. Did you, in having a conversation, also on the 14th FREY: Uh-huh. GERAGOS: the next day, you talked to Buehler every day, correct? FREY: For the most part I did. GERAGOS: Okay. And did you have a conversation with Buehler on the 14th? FREY: I would have to look at my phone records to say for sure if I did or not. GERAGOS: Okay. And do you know the, do you know if on the, you want to do that right now? FREY: Sure. My phone records don't indicate my incoming calls. Who they're from. GERAGOS: Right. But they do indicate if you call FREY: Yes. They do. GERAGOS: Does it look like, starting on the 13th, you had a phone call at 3:50, 2:54 to the Modesto PD? FREY: Uh-huh. GERAGOS: Does it look like you had a phone call on the 14th to the Modesto PD? FREY: Okay. Where was the other one? Is this the one you're indicating? GERAGOS: Right here. Call number 798. FREY: Is that, I, I don't, that number doesn't stand out as much as GERAGOS: How about the previous ones? FREY: This one I know is Jon Buehler's. GERAGOS: Okay. FREY: But this one, I, I, I don't recognize those just looking at them. GERAGOS: Is there any reason why you can think of why you would not have told Detective Buehler about phone calls on the 12th or the 13th with Scott Peterson? FREY: No. GERAGOS: Did they ever tell you, meaning Buehler or Brocchini, that you couldn't talk to him and not report that back to Modesto PD? FREY: Can you say GERAGOS: Did they tell you, tell you Look, it's very important to the investigation that when you talk to him you tell us? FREY: Yes. GERAGOS: Did you know at some point that they were writing reports that indicated that they believed you were not giving over information HARRIS: Objection. GERAGOS: not talking about tapes? HARRIS: Objection. Hearsay and speculation. GERAGOS: Goes to her state of mind. JUDGE: I think so. Overruled. GERAGOS: Did you know that they were writing reports indicating that you were not turning over, or you were having conversations and that they were not being reported by you? FREY: No, I don't know what the reports indicated. You'd have to ask them. GERAGOS: But did they ever have a discussion with you in which they said specifically that, that you and, that you wouldn't readily admit to any unrecorded or unreported conversations? Did you have a discussion with Buehler on the 16th, for instance FREY: Uh-huh. GERAGOS: in which he says he spoke with you on Thursday, the 16th FREY: Uh-huh. GERAGOS: and that you would not readily admit any unrecorded or unreported conversations with Peterson? FREY: I don't understand. I still am trying to understand how that question's being asked. GERAGOS: I'm showing you 1689. FREY: Uh-huh. GERAGOS: Read that to yourself. FREY: Okay. GERAGOS: See if that, see if that helps. FREY: I, I'm sorry, I still don't, I don't understand how it's being JUDGE: I think GERAGOS: I'll re-ask it. JUDGE: I think what he's driving at is whether or not did Detective Buehler confront you on the 16th and say Look, you haven't been telling us FREY: No. JUDGE: about all these phone calls you've been making? FREY: No. JUDGE: He never did that? FREY: No. JUDGE: Go ahead. GERAGOS: Did he ever, did he ever tell you or confront you with the fact that after, the supervised, controlled, monitored calls ended with the Modesto PD on the 8th, right? FREY: Yes. GERAGOS: Okay. Did he ever confront you after the 8th and say Are you recording or having conversations that you're not reporting? FREY: I reported all conversations and recorded all conversations. At that particular time they asked if I had any to hand over, and I said not yet. GERAGOS: Well, what is that when you say "not yet," did you have calls to turn over that you, that were in the process of being, of something done to them? FREY: No. They were just still, I still had a tape that had some conversation, but as far as turning over at that point...they were aware of calls. I just, I, I don't, I GERAGOS: Well, I'm going to specifically ask you. You go there for the 6th through the 8th? FREY: Yes. GERAGOS: Okay. You now know that they didn't have a wiretap operating during that time period, right? FREY: Right. GERAGOS: Okay. You now know, because you discussed it with them, that after the 8th they had a wiretap? FREY: No, I was not aware of that. GERAGOS: I thought you said you were aware of it after the arrest, that you now know that they had a wiretap after the 8th? FREY: But you're asking me if I knew that they had a wiretap on the 8th. GERAGOS: No, I'm saying that you now know sometime after the 8th. Understand what I'm saying? You and I can agree that up until the 8th there was no wiretap, okay? Is that your understanding as you sit here today? FREY: As I sit here today. But at no time did I ever know that they were being wire taped, or wiretaps on his phone. I was never made aware of that. GERAGOS: Is, so the first time you're aware of wiretaps is today when I'm talking about it? FREY: No. After, I don't recall the specific time, but I believe it was after Peterson had been arrested that I heard that, that that, those were things going on. I didn't know that previously. GERAGOS: Okay. FREY: But I don't recall the exact date. GERAGOS: And that's what I'm saying. I thought I understood you to say that before, that the first time you became aware of wiretaps was after the arrest in May, right? FREY: Yes. GERAGOS: Okay. So what I'm asking you now is are you aware that the detectives believed that you were not reporting calls because they compared the wiretap information with what you were telling them? Did they ever confront you with that? FREY: No, they did not. GERAGOS: In preparing for your testimony, you prepared for the testimony, correct? FREY: Is that including going over transcripts and the audiotapes? GERAGOS: Right. FREY: Yes. GERAGOS: I would assume, because you were asked this question FREY: Uh-huh. GERAGOS: that you listened to the tapes, right? FREY: Yes. GERAGOS: Besides listening to the tapes, you read the transcripts, right? FREY: Yes. GERAGOS: To see if what was said on the tapes jived with what was on the transcripts? FREY: Yes. GERAGOS: I assume you met with detectives about what you were going to testify to, correct? Did you, did they discuss This is where we're going, this is the kind of subjects we're going to hit on, this is the testimony? JUDGE: I think you said "detectives." FREY: No. GERAGOS: Well, the detectives or the DA. Did you talk to, who did you prepare with before you testified? FREY: I met with detective, or with Harris. And as far as the detectives, no, I don't know what's in their, in their testimonies or, or GERAGOS: In their reports? FREY: Notebooks or reports. GERAGOS: Okay. FREY: I don't know what that information is. GERAGOS: Okay. So did you review any reports in connection with you? Did they hand you, you know, I've been showing you some of these reports. FREY: Yeah. GERAGOS: Is today the first time you've seen some of these reports that have to do with what you supposedly said or what you supposedly did? FREY: The transcripts that I, or any type of documents that I went through, aside from the transcripts or my phone records, which again, only show my outgoing, not incoming; went over my testimony. As far as the one you showed me, I don't know if it was exact, if it was a final draft that I had reviewed, because this was several different ones. GERAGOS: But wait, let me just break that down FREY: Okay. GERAGOS: so I understand it. We've I think established you listened to the tapes? FREY: Yes. GERAGOS: You reviewed the transcripts, right? FREY: Yes. GERAGOS: Okay. Now, separate and apart from the tapes and the transcripts FREY: Yes. GERAGOS: did you look at reports, like the ones I've been showing you? FREY: I was not shown any other reports GERAGOS: So no. FREY: except for my first statement. GERAGOS: Except for your first statement? FREY: Yes. GERAGOS: Which is the one that I showed you earlier today, the transcript FREY: Yes. As well as listen to the audiotape from that. GERAGOS: Okay. Was there ever a time during, after the monitored conversations at Modesto PD, which was from the 6th to the 8th, you on the same page there? FREY: Uh-huh. GERAGOS: Is there a time after that when you were having conversations with Scott Peterson and were not reporting that to the Modesto PD? FREY: There was not a time that I didn't report. GERAGOS: Did they ever ask you about conversations, or did you ever tell them that I, or deny that you were having? FREY: No. GERAGOS: Did you ever not turn over tapes to the Modesto PD, specifically either Buehler, Brocchini or Grogan? Did you ever not turn over tapes to the three of them at any point after the 8th? FREY: I turned over every tape that I had recorded. GERAGOS: Okay. Did you talk with, how often would you say you talked with Buehler? FREY: I talked to him quite often. You know, I never kept accurate account or kept a log of how many times I spoke with him or he spoke with me. So I don't know how to answer that. GERAGOS: Okay. Is it a fair statement that Buehler is the point person for you? FREY: Yes. GERAGOS: Okay. And that you spent most of your time talking with Detective Buehler? FREY: Yes. GERAGOS: Is it a fair statement that when you recorded tapes or you had conversations, that you would then call Buehler? FREY: Yes. GERAGOS: Okay. Specifically did you call Buehler, day or night, after you had had a conversation with Scott? FREY: Yes. GERAGOS: Okay. And specifically when you would do that, would you report to him virtually real time? I mean, what was the, what was kind of your, your marching orders, or what was your habit? Call Scott, or Scott calls you, have a conversation, attempt to tape it, correct? FREY: Correct. GERAGOS: After you attempted to tape it, did you then contact Buehler? FREY: Sometimes it went both ways. Sometimes I would speak to Buehler before conversations, as well as after. GERAGOS: Okay. In order to talk to him after, you would report what happened in the conversation, correct? FREY: Usually, yes. Especially early on, in the first weeks. GERAGOS: Okay. I'm sorry? FREY: In the first week of our, of our conversations, when he was GERAGOS: How about, did that change sometime after the controlled or monitored conversations between the 6th and the 8th? FREY: The intensity for me and the emotions that I was going through during this time I would say changed a bit as far as the context in, in where I was emotionally. So they may have changed after, after the, the 8th. GERAGOS: Well, I'm, I'm sorry if I misunderstood that. You said the intensity and the emotions, meaning you would not call MPD as often after the 8th? FREY: I would say that would be fair to say, yeah, that, yes. GERAGOS: Okay. Now, there's a number of calls, and I'd ask the court's indulgence for one second. <To Mr. Naljian> Are you ready to go on this? Now, January, go with the 9th, which is the first day after these monitored calls. Now, according to the records that I've got, does it appear, you call MPD in the morning; is that, is that a fair statement? FREY: By looking at them, I don't, I don't know what I'm looking at. GERAGOS: Okay. FREY: It's not my, it's not a phone record, so... GERAGOS: I'll show you. On the 9th, 8:55 a.m. FREY: Okay. GERAGOS: You called Modesto PD, right? FREY: Detective Jon Buehler. GERAGOS: Okay. FREY: It shows five minutes. GERAGOS: For a five minute phone call. So you would, you would guess that you definitely talked to him, correct? FREY: I don't know. GERAGOS: Well FREY: I GERAGOS: did you leave five minute voice mails? FREY: I may have at times. GERAGOS: Okay. Next one. 1:49 also? FREY: Yes. GERAGOS: Okay. Next. 3:26? FREY: Four minutes. GERAGOS: For four minutes. Next. 3:51. It's an incoming. You can't tell. All you know is that you got a call at 3:51, correct? FREY: Correct. GERAGOS: Your record doesn't show who was calling you, correct? FREY: Correct. GERAGOS: Okay. Next. Scott Peterson at 4:39? FREY: You're saying I called Scott Peterson at 4:39? GERAGOS: Did you, did you call? Or did you call Modesto PD? FREY: At 4:39 it shows that that was Detective Jon Buehler's phone. GERAGOS: Okay. Did you end up calling Scott Peterson? FREY: That I could see? GERAGOS: Yeah. FREY: Not that I've seen so far. GERAGOS: Okay. Next. <To Mr. Naljian> You can take that. Next. So that's the one you're talking about, 4:39 you called Modesto PD, right? FREY: Yes. GERAGOS: Okay. 6:34? FREY: Six minutes with Detective Jon Buehler. GERAGOS: Okay. Next. The 10th, same thing? Go up to the 10th. You called the volunteer center at 6:37 in the morning? FREY: If that's what the number is to. I don't know. GERAGOS: Who would you have been trying to talk to at the volunteer center on January 10th at 6:37 in the morning? FREY: I don't recall. GERAGOS: Isn't that where you would normally find Scott Peterson in the morning? FREY: I don't know. GERAGOS: At that point on the 10th, to the best of your knowledge, nobody else at the volunteer center knew about you, correct? FREY: Correct. GERAGOS: Okay. So is it a fair statement that if you're calling the volunteer center at 6:37 in the morning, you would have been looking for Scott Peterson? FREY: You said would that be a fair statement? Is that what you said? GERAGOS: <Nods head> FREY: I really don't remember why I called that number. GERAGOS: Next. 6:39. Same number. FREY: 6:39. It's a different number. I don't know what number that is. GERAGOS: Okay. If I were to tell you that's the volunteer center. You just don't know as you sit here? FREY: I, I'm trying to remember. I didn't remember that I had called or why I had called there. GERAGOS: Okay. Go to, Mr. Naljian, go to the 12th. Now, on the 12th, so you talked to, you have an incoming at 8:26. FREY: Shows an incoming for two minutes. GERAGOS: Okay. Then next. Modesto PD at 4:47; is that correct? FREY: Yes. GERAGOS: Okay. Next. You have an incoming at 6:02 on your bill, right. FREY: Uh-huh. GERAGOS: That's yes? FREY: Yes. GERAGOS: Okay. Next. An incoming at 7:16? FREY: Yes. GERAGOS: Okay. Next. 7:17, correct? FREY: Yes. GERAGOS: Next. You called Modesto PD 8:14? Or they call you? You have an incoming is what you showed. FREY: Uh-huh. GERAGOS: Is that yes? FREY: I have an incoming, yes. GERAGOS: Okay. Next. On the 13th. Show it again. Called Modesto PD at 2:53? FREY: I don't, I don't recognize the number. GERAGOS: It's a 209 number in Modesto? FREY: Uh-huh. GERAGOS: You don't recognize it as being Buehler's, though; is that correct? FREY: No. GERAGOS: Okay. Next. 2:54? FREY: Yes. GERAGOS: The very next call, that's Buehler's, correct? FREY: Uh-huh. GERAGOS: So there's one call that you make to a 572 number, and the next is to Buehler? FREY: Yes. GERAGOS: Next. You've got a 9:28 call, incoming? FREY: A 9:28? I see a 9:29 outgoing, but an incoming I don't see. GERAGOS: Okay. Did you talk to Scott Peterson on the 13th? FREY: <No response> GERAGOS: Show the next one. Go to the 14th. Did you call the volunteer center at 11:16 a.m.? Or is that Buehler? FREY: No, I don't recognize the number. GERAGOS: Okay. 521-1812? Am I saying that right? FREY: Uh-huh. GERAGOS: And you don't recognize that number, right? FREY: Well, it's not Detective Buehler's, no. GERAGOS: Okay. And next. 11:22. Do you know who that is? FREY: It's a different number GERAGOS: You don't recognize it? FREY: than the one before. No. GERAGOS: Okay. Next. 11:56, incoming. For how long? FREY: 67. GERAGOS: How long? FREY: 67 minutes. GERAGOS: Okay. Is it a pretty good guess that, if you're talking for 67 minutes, that was Scott? FREY: It may have been. GERAGOS: Okay. Now, if you're doing all this time period here FREY: Uh-huh. GERAGOS: you're still obviously calling Buehler, right? FREY: Yes. GERAGOS: And so that I understand correctly, when you're talking to Buehler, you're also talking to Scott during this time period, during those days that we just went through, after the 8th to the 14th? FREY: There was no indication that I spoke to, to Scott. As far as on, on there, his phone numbers, the incomings, I don't know, I don't have those records in front of me. And what's showing up there, I don't know if they were, as far as if they were from Scott's phone, I don't know. GERAGOS: The, specifically the 12th, we sat here and we listened, didn't you listen, as well, to a recorded phone call between you and Scott FREY: I believe. GERAGOS: on the 12th? Did you, you were the one, that would have been the 12th at 6:00 o'clock? Do you remember that? FREY: 18:04. Okay. GERAGOS: Okay. Now, what I'm asking you is did you at any point try to hide calls from the detectives? FREY: No. GERAGOS: Okay. You had another call on the 12th at 7:19, which is one of the other ones that we listened to as well, correct? FREY: Uh-huh, yes. GERAGOS: Okay. Can you think of any reason why the detectives would come, would write reports that you were not turning over phone calls? Is there any reason that you were not, that they would think that? FREY: I'm sorry, you would have to ask them, because I turned over all phone calls. GERAGOS: Okay. FREY: And tape recordings. GERAGOS: As you sit here FREY: Uh-huh. GERAGOS: you told them whenever they, whenever you talked to them, you would tell them about your calls, correct? FREY: Yes. GERAGOS: And when you had a call, you had nothing to hide; you would immediately phone them, right? FREY: Correct. GERAGOS: And if there was a question, you know, Have you talked to him, you would give them details like Look, he left me a message at this time, correct? FREY: Yes. GERAGOS: And He left a voice mail at this time, correct? FREY: Yes. GERAGOS: And He did a two minute phone call here, a one minute phone call here? You would give them all the information, correct? FREY: Yes. GERAGOS: There was never a time, as you sit here today, that you're aware of that you ever hid anything from any of these detectives? Meaning Buehler, Grogan or Hagan from the Department of Justice? FREY: Correct. GERAGOS: Okay. Now, the, you learned, and I'm going to go back to this again, about the wiretaps after he gets arrested, right? FREY: I believe GERAGOS: After Scott gets arrested? FREY: Right. GERAGOS: Now, anytime prior to you testifying for the last couple of weeks here, did anybody bring to your attention, any of these detectives, or the DA, or your lawyers, the fact that the officers had wiretap records which they believed conflicted with what you were telling them? Did anybody ever bring that to your attention? FREY: No, I was not aware that there were wiretaps. GERAGOS: You, I'm talking about since the arrest. FREY: Uh-huh. GERAGOS: Which was May of 2000, or April of 2003, between that date FREY: Uh-huh. GERAGOS: and 2003, and at you sit here in August of 2004, has anybody ever told you that the police believed that the wiretap records showed that phone calls were being made that you weren't reporting? FREY: They indicated that I, there was a 94 percent recovery that I had intercepted or, or, I don't recall exactly how they worded it, but that there was probably only six minutes that the intercept picked up that I didn't record, and it was more so like hello-type things like that. GERAGOS: That's in terms of the start and the end of the call? FREY: Correct. GERAGOS: Okay. FREY: Or like when GERAGOS: Wait. FREY: turning the tapes over. GERAGOS: What I'm talking about, that's not what I'm talking about. FREY: Okay. GERAGOS: What I'm talking about is did anybody ever present to you Look, Amber, at this point there were calls, specifically in that week that I've just showed you, from the 8th to the 14th? FREY: Uh-huh. GERAGOS: And said Look, you were making calls, you weren't telling us about it, we've got wiretap records, the wiretap records show that when you said you weren't having contact, that, in fact, we know you were? Did anybody ever tell you that? FREY: No. GERAGOS: Okay. And did you at any point, I'm not accusing you of it, I'm asking you. The first question was did they tell you that. The second question is did you ever do that? FREY: No. GERAGOS: Did you ever make or receive calls from Scott Peterson that you didn't immediately tell the detectives about? FREY: No. GERAGOS: Okay. Is it a fair statement, we went through a number of these little PowerPoint squares. Isn't it a fair statement that if you had made a call, or Scott had made a call to you, and then you had talked to Detective Buehler, you weren't calling him to find out how the Giants were doing, you were calling him specifically to report on what Scott was either doing or saying; correct? FREY: Not all the time. Those calls weren't always directed in that manner, no. GERAGOS: Well, wouldn't you tell, would you always give him the information? FREY: Yes. GERAGOS: If, for instance, on the 9th you had talked to Scott in the morning, and on the 9th, in the afternoon, you talked to Buehler, wouldn't you tell Buehler that you talked to Scott that day? FREY: Yes. GERAGOS: Did you ever hide it from him? FREY: No. GERAGOS: And the same thing going forward. On the 10th if he had asked you, on the 12th, on the 14th, would you hide that information? FREY: No. GERAGOS: At any point did you ever hide any information after the 8th from Modesto PD? FREY: No. (Evening recess>
AUGUST 24, 2004 GERAGOS: Good morning. FREY: Good morning. GERAGOS: There was a lot of tape that was played to the jury, specifically where you are asking questions of Scott. Explain this to me, explain this to me. Do you remember those tapes? FREY: I don't know which specific you are talking about. GERAGOS: Mostly that you, the 8th, where you are asking him, on the 6th through the 8th, you are in the Modesto PD at that point, correct? FREY: Yes. GERAGOS: You are inside Modesto PD. You have got Miss Hagan. You have got Buehler sitting there, and, as you indicated, writing notes to you and giving you suggestions, right? FREY: Yes. GERAGOS: Okay. Now, as they are doing that, one of the things they wanted was for Scott to explain the nature of what your relationship was with him, correct? You are asking questions like, how could you tell me that, you know, you wanted to see me when you were really married and you had a baby on the way? Do you remember those types of questions? FREY: Yes. GERAGOS: Now, you have heard the tapes that were played in court. There are other tapes and other conversations that have not been played, correct? FREY: Correct. GERAGOS: Okay. And in a number of those, Scott Peterson tells you that he's got a lawyer and a private investigator, right? FREY: I believe so. GERAGOS: Okay. And he tells you that the lawyer has advised him that he can't talk about those things, right? FREY: Without having a transcript, or listening to it freshly, I couldn't comment on that. GERAGOS: Okay. Let me show you a transcript from a tape that you made on January the 8th at approximately 2:30. Let you read that to yourself, see if that refreshes your recollection. Just this here. FREY: Okay. GERAGOS: Okay. Does that refresh your recollection as to a phone call on the 8th that you had with Mr. Peterson? FREY: He refers to the person he is speaking about as "he". Are you saying he is in regard to an attorney? GERAGOS: He is. Is that what he said? FREY: Not in those transcripts. It was GERAGOS: In this particular one, you didn't know that he was talking about a lawyer? Can you put that up? B23 – FREY: I'm just saying what you just showed me didn't indicate that's what it was. JUDGE: Let her finish her answer. GERAGOS: I think I know what is, what she is saying, the specific spot doesn't say lawyer. Correct? FREY: Correct. GERAGOS: Did you know he was talking about his lawyer? FREY: Yes. GERAGOS: Okay. Put up B23. HARRIS: This is which particular phone call? GERAGOS: January 8th at 2:30, 1430. JUDGE: Just going to play a portion? GERAGOS: Just the portion that I showed. It's a one page. <recording played> GERAGOS: Now, when you were having this conversation on the 8th, this is when you were in the Modesto Police Department, correct? FREY: Yes. GERAGOS: And when you were in the Modesto Police Department, they were trying to get you to get him to talk about specifics, right? FREY: Yes. GERAGOS: They, at that point you knew that, because he had told you before that, that he had hired a private investigator, that he had hired a lawyer, because of the search warrants, correct? FREY: Yes. GERAGOS: Yet, and the police knew that as well, correct? FREY: Yes. GERAGOS: Yet they were still trying to get him, even though the police had been told that he wasn't going to talk any more at that point. HARRIS: Objection. This is hearsay. JUDGE: Sustained. Calls for opinion and conclusion. GERAGOS: What the police were trying to do at that point is to get you to get him to talk, correct? FREY: You are going to have to repeat that question. I'm sorry. GERAGOS: You, I said the police were trying to get you, to use you basically to get him to talk, to get Scott to talk? FREY: He was talking to me. GERAGOS: He wanted to get JUDGE: Can I, were they attempting to get you to see if you can elicit some incriminating statements from Mr. Peterson? FREY: I believe that would go both ways, as far as their intent, using me, as you say. GERAGOS: When you say going both ways, you are aware that they shut down this operation with you because they didn't get anything. You are aware of that, correct? FREY: No, I'm not. GERAGOS: Were you aware that they filed, after the end of the wiretaps, and everything else, that they received no information. Did they tell you that we didn't get anything incriminating on him? FREY: No, they never shared that with me. GERAGOS: Now, you repeatedly asked him in all kinds of situations, and in all sorts of phone calls, whether or not he had anything to do with it, correct? Whether he had anything to do with Laci's disappearance? FREY: Yes. GERAGOS: On January 6th when you talked to him, he denied having anything to do with it, correct? FREY: In some instances he said that, and others he was very indirect about his answering. GERAGOS: Well, he said, on January 6th in your, the 11, roughly 11:29 phone call, he said, I had nothing to do, my God, Amber, I had nothing to do with her disappearance. And you said, then who did? We don't have any ideas. Correct? FREY: Yes. GERAGOS: Okay. And that was when the police were feeding you the questions, correct? FREY: Yes. GERAGOS: Okay. Specifically on January 6th, that same phone call, he told you, I'm not an evil person, right? He said I'm not an, I have never hurt anyone. And you asked him, you said, really? Would you hurt anyone? He said no. Correct? FREY: Again, without having in front of me the entirety, I don't recall. GERAGOS: Okay. Let me show again this specific one. Do you remember that? Play B5. FREY: Okay. GERAGOS: See, when you hear it, if you remember it. JUDGE: This is a tape that was already played for the jury? GERAGOS: Yes. It's just a snippet. <recording played> GERAGOS: Now, he also told you that he had no, that you had no reason to fear him, correct? FREY: I believe so. GERAGOS: Okay. And he said that he thinks that you know him well enough to know. And you said, well, you lied. And he said, he told you, I would never hurt anybody. That he knew he hurt you by lying to you. And he knew that the situation was hurting you, correct? FREY: Un-hun. GERAGOS: You have to say yes. FREY: Yes. GERAGOS: And you have got to know that physically he could never hurt anybody. He made that distinction between emotionally hurting you by lying to you, and physically hurting someone, correct? FREY: Yes. GERAGOS: Now, in the times that you were with him, and that was, I guess we went over it exhaustively, been gone over exhaustively, the, basically the 20th of December, December 2nd, 3rd and 4th, and then the brief period of time on the 9th and, what, the 15th, 14th, 15th? FREY: 11th, 14th, 15th. GERAGOS: Okay. Now, in all of those times, did he ever physically hurt you? FREY: No. GERAGOS: Did he ever physically assault you? FREY: No. GERAGOS: Did he ever do anything that would, that gave you any pause whatsoever to be in fear of him physically from assaulting you? FREY: No. GERAGOS: Now, he told you also, on the 6th, you were asking him a question. I assume this is one of the questions that the ether Sharon Hagan gave you, or that Buehler gave you. That you said, so I would even be safe to say, okay, well, let's see. I know you said this, but you have indicated so many other things that I could assume possibly that she's missing because you love me, right? Do you remember saying that to him? FREY: I believe so. GERAGOS: Okay. Now, he never told you that he loved you, right? FREY: Not in those words. GERAGOS: Okay. He never said, "I love you, Amber," right? FREY: Not in those words. GERAGOS: You listened to how many hours, you have listened to all the tapes, right? Hours and hours of the tapes? FREY: Yes. GERAGOS: And, and both, obviously all the tapes are after Laci goes missing, correct? FREY: Yes. GERAGOS: And all the conversations before Laci goes missing, throughout all of the tapes after she goes missing, you never heard him ever, in any word, say, "I love you," right? FREY: Again, not in those words. GERAGOS: Never says the words, "I love you"? FREY: Un-hun. GERAGOS: Before she goes missing, he never tells you, "I love you." FREY: Not in those words. GERAGOS: Not in those word, correct? Now, is it fair to say that on the 6th, when you said, "Possibly she's missing because you love me," that was part of what the police were suggesting to you, that one of the motivations for Laci being missing is that he was in love with you, correct? Isn't that what they were talking about with you? FREY: You know, as far as what their motives were, that would be GERAGOS: Not their motives. If I suggested that to you, I'm wrong. What I'm suggesting to you is, did they tell you, the police suggest to you, one of the ways, or one of the reasons that they thought Laci was missing was because Scott had fallen in love with you? FREY: Again, they didn't share necessarily everything in their thoughts with me. You would have to ask them. GERAGOS: I'm going to ask you to play B7. HARRIS: Judge, is this a tape that's been previously played? GERAGOS: It's a tape that's been played. January 6th. If it hasn't been played, I know they have objections to ones that haven't been played. I'll show it to her. I'll do exactly what we discussed. JUDGE: Right. GERAGOS: B7, right. <recording played> GERAGOS: You remember that conversation? FREY: Un-hun. GERAGOS: Now, was that one of the things, you see the top portion there where it been suggested that even though he never used the words, as you indicated, "I love you," weren't the police suggesting to you that that was one of the ways, one of their theories of this case? FREY: That was something they suggested to throw out there to him. But when you speak about theory and anything else, I really can't speak for what that was for them. GERAGOS: They suggested it to you, correct? FREY: Yes. GERAGOS: Now, on that same tape on January 6th, once again he says in response to you, "I had nothing to do with her disappearance," correct? FREY: Yes. GERAGOS: And he repeatedly tells you that. Then you ask him or suggest to him, that all you can do is pray that you don't have anything to do with this, meaning him, correct? FREY: Yes. GERAGOS: Play B9. This has also been played. January 6th. <recording played> GERAGOS: Now, the, at that point, you still are being, you are in the same room with the officers, correct? FREY: Yes. GERAGOS: And they are giving you suggestions, telling you to ask every different way to get him to say something incriminating, correct? FREY: At times. I wouldn't say every time. GERAGOS: Well, it was a lengthy phone call, wasn't it? FREY: Yes, it was. GERAGOS: Okay. And during that lengthy phone call, they are passing you notes constantly throughout, aren't they? FREY: From time-to-time. They could only hear what I was saying. They didn't know what Scott was saying unless I rephrased or repeated what he said. It would give them some indication. But other than that GERAGOS: He kept telling you that, specifically that he didn't have anything to do with this, right? Every time you would bring it up, he would tell you the same thing, right? FREY: On what particular date? Because that did change. GERAGOS: On the January 6th he repeatedly told you, right? FREY: Yes. GERAGOS: January 7th he said the same thing, didn't he? FREY: He said at times there were, said that was something he couldn't talk about. GERAGOS: Well, that was when you asked him other specific questions that his lawyer told him he couldn't talk about, wasn't it? FREY: Again, that was at a different date, not the first day. GERAGOS: But this is an ongoing conversation that you had with him, wasn't it? FREY: Basically. GERAGOS: I mean when you would have a conversation on the 7th, you referred to a conversation on the 6th. You had a conversation on the 12th, you referred to the 6th, 7th, the 8th, right? FREY: At times, yes. GERAGOS: It was wide ranging. You, in your mind, when you are having a discussion with him, you didn't say, okay, today is the 12th. I'm only going to talk about what we talked about on the 12th, did you? FREY: Right. GERAGOS: Now, on the 7th, I would ask you to play B11. You asked him, again, this is a separate call on the 7th when you are still being, <recording played> GERAGOS: Okay. Now, you had a lot of talks with him about the media; isn't that correct? A lot of your conversation had to do with the media? FREY: There was lots of conversations, yes, about the media. GERAGOS: Your conversations with the media revolved around specifically what he was going through; and then ultimately fast forward past the 24th, when the National Enquirer came out, what you were going through, correct? FREY: Yes. GERAGOS: And you were very angry about what was happening with what the media was doing to you; is that correct? FREY: Yes. GERAGOS: A lot of your discussions with Scott after that, not the ones that we played here, but the other tapes, revolved around the two of you discussing how the media was hunting you, hunting him, and kind of commiserating between the two of you, correct? FREY: Yes. GERAGOS: And specifically you would talk about how an outlet like the National Enquirer, correct, what they were doing to you? FREY: Yes. GERAGOS: And specifically you would talk about how the media would hunt you down at your work place, when you go to your friends, your family, right? FREY: Yes. GERAGOS: He would tell you the same thing was happening to him, wouldn't they? FREY: Yes. GERAGOS: Wouldn't he? FREY: Yes. GERAGOS: There were hours of conversation that you listened to that, around the various shows, the cable channel shows, your feelings about that, his feelings about that; hours of stuff like that, isn't there, talking about the FREY: Yes, there is conversations. As far as the amount of time, I wouldn't know. As far as the amount of time we spent talking about it, I never calculated that. But there were many conversations about media, I would agree with. GERAGOS: Was it fair to say you had in excess of 25 separate conversations regarding media, what the media was doing to you and to him? FREY: I have never counted them, so I wouldn't know that number. GERAGOS: How about this, was there a lot of conversations? FREY: Yes, there were. GERAGOS: Okay. Now, during these conversations, notwithstanding the media, you would still be asking Scott if he had anything to do with this, right? I mean the discussions you had were wide ranging. On any given day, on any given call, you could talk about what the media was doing; you could talk about what his answers to particular questions were, correct? FREY: Un-hun, yes. GERAGOS: And you said the, one of the ones on the 7th, specifically you asked him, well, what happens if the cops come out and arrest you? Do you remember that one? FREY: I believe so, yes. GERAGOS: B12. This has been played. It's the 7th at 1613. <recording played> GERAGOS: Well, that conversation pretty much summarizes what he would tell you on these calls, isn't that correct, in terms of his, whether he had any involvement? FREY: You are asking if that's, that summarizes it? I wouldn't say so. GERAGOS: Summarize what he said? FREY: In hours of conversation, I wouldn't agree with that, no. GERAGOS: You wouldn't? What about the media calls? When the media calls, wouldn't he tell you about the private detectives hired by the National Enquirer? Tell you about that? FREY: I vaguely recall a conversation about that. GERAGOS: Did he tell you they had been following him? FREY: Yes. GERAGOS: Okay. Did he tell what you kind of cars, even specifically what kind of cars were following him? I'll show you specifically FREY: I recall there was cars. I don't recall what specifically cars they were. GERAGOS: Tell you, for instance, on January 23rd in a phone call that the National Enquirer had hired detectives, at the time they had brand new, a brand new car, tan – HARRIS: I object. This is not a tape that's been played. JUDGE: I'm going to sustain the objection on 356. That's not a part that makes the conversation understood. The other stuff GERAGOS: I don't think it needs to be, but I will move on with it. JUDGE: I'll sustain the objection. GERAGOS: Specifically he would tell you that the media was harassing him and following him, correct? FREY: Yes. GERAGOS: And they were doing the same to you. FREY: Yes. GERAGOS: Okay. And that he would tell you that specifically that his lawyer would kill him if he knew that he was even talking to you at all, correct? FREY: I don't recall exact words; but to that effect that he was advised not to, yes. GERAGOS: I'm sorry? FREY: That he was advised not to talk to me? GERAGOS: Right. FREY: So, yes. GERAGOS: Even told you his lawyer's name, didn't he? FREY: I don't recall it now. GERAGOS: On the January 7th call when you were at Modesto PD – FREY: Yes. GERAGOS: you asked him specifically, you said, "He's your attorney, and you don't know your attorney's name?" He said, "Amber, hold on. It's Kirk McAllister." And he answered that, correct? FREY: Yes. GERAGOS: Okay. Then you said, he actually asked you, "Would you like his number?" Right? "Would you like his phone number?" Walk back up and show you again. He said, he said, "It's Kirk McAllister. Would you like his number?" And you said, "You are going to give me his number?" He said, "If you would like to have the number." You said, "Yes, I would." FREY: He didn't give it to me. GERAGOS: Did you ask him for it? FREY: I believe so. He didn't give it to me. I don't recall ever getting the number. GERAGOS: You said, do you think would be better for me to call then too? And he says, no, I'm trying to prove to you that I do have a lawyer. Did you ask him for it? FREY: You have the transcripts. I don't recall him ever giving it to me. And I believe what you just, that I was indicating, yes, give it to me. But I never, GERAGOS: What I'm asking you, he told you the name, gave you the name, right? FREY: Yes. GERAGOS: He spelled the name for you, correct? FREY: Yes. GERAGOS: Okay. And you told him, "Okay, he's gonna be pissed that you talked to me." Isn't that what you said? FREY: You keep taking it away from me, so I don't, I don't believe that was one that was played. GERAGOS: I'm asking you, did you say, "Okay, he's gonna be pissed if you talk to me"? FREY: Yeah. GERAGOS: Okay. Now, he told you why he was gonna be pissed, right? FREY: He said, no, just don't talk to her. GERAGOS: He told me not to talk to you, right? FREY: Huh? GERAGOS: He said, just don't talk to her, right? FREY: Yes. GERAGOS: The police knew that, at that point, obviously they are listening to this. They knew he had a lawyer. They knew that the, and you were getting the name of the lawyer, correct? FREY: Yes. GERAGOS: Okay. Now, did he ever talk to you specifically about cooperating with the police? FREY: I'm sorry? GERAGOS: Did he ever talk to you specifically about cooperating with the police? FREY: Did he ever talk to me about cooperating? GERAGOS: Yeah. We had, in some of the tapes, we had instances when you would tell him, I'm gonna go to the police, correct? FREY: Yes. GERAGOS: In fact, on the 6th, I think the first or the second call when you are at Modesto PD, you asked him, "Why should I not go to the police with this?" FREY: Right. GERAGOS: And what did he tell you? FREY: I don't recall exactly. GERAGOS: He told you it's your decision, didn't he? FREY: Are you going to play it for us? GERAGOS: No. I was going to ask you. I can't play it until you tell me you either remember or you don't. That's the evidentiary rules. FREY: Okay. GERAGOS: I'm asking you for your memory. FREY: I recall that to that effect, yes. GERAGOS: Okay. Now, did he tell you, did you, did you tell him at that point, "I go to the police with this, what do you see happening?" Do you remember that? FREY: Yes. GERAGOS: Is that one of the things the police suggested that you ask him about? FREY: Yes. GERAGOS: Okay. They wanted to see if, when you asked him or threatened to go to the police, they wanted to see if he was going to try to dissuade you from going there, correct? FREY: Again, it's GERAGOS: They wanted to see, they said ask, tell him you are going to go to the police, because they figure if he's got something to hide, he is going to tell you, don't go to the police, anything but that. Wasn't that the thought process that was going on this? FREY: I don't know what their thought process was. GERAGOS: What was your thought process when you asked him that? FREY: I don't recall what my GERAGOS: You just asked him, told him, I'm going to go to the police. You weren't expecting an answer one way or the other. You were trying to FREY: I really didn't know what his response was going to be. GERAGOS: What were you trying to provoke out of him? I mean were you expecting that he was going to just say, it's okay, it's your decision? FREY: I can't say that I expected any particular response. GERAGOS: Okay. But he did tell you that it was your choice. FREY: I believe that's what he said, yes. GERAGOS: Okay. In fact, specifically, and I'll show you, because I want to get the words just right. Isn't that what you told him, I don't know, I mean it's, he tells you, I mean, it's your decision, of course. I want to tell you what has happened. I want to tell you that I lied to you? FREY: That was one sentence or statement that he made. GERAGOS: Right. And then didn't he make, next day, on the, or two days later on the 8th, you kept asking him, "What's your plans now, Scott?" Do you remember that? And he said, "Amber, my only plan right now is to find Laci"? Isn't that what he told you? FREY: In that sentence? GERAGOS: Yes. FREY: Yes. GERAGOS: In that the sentence, in that phone call on the 8th, when the police were there trying to tell you, or trying to get you to provoke things out of him, correct? That was what, the object of the exercise was. You were there at Modesto PD. You were there two days. They put you up in a hotel, correct? They wanted you there so they could monitor the conversations and give you suggestions. Do I have that right? Or is that their plan? FREY: Yes. But I could explain further if you let me. GERAGOS: I want to JUDGE: She can explain her answer. GERAGOS: Sure. Your answer, wasn't that what the plan was? FREY: When I got up there to Modesto, they said they didn't want to tell me over the phone, but that Scott was in my area. And they wanted me to go up there to take me away from Fresno, because he was in my particular area at that time. And they didn't want to alarm me or scare me. So at that time there was further discussion about possibly, since I was up there, that it might, it may be an opportunity to just kind of have it come out basically, or to confront, or however it may come out, at this point of possibly to end this charade of being in Europe and his travels. GERAGOS: Right and they wanted to see if they could get him to say something incriminating. Isn't that what you said? We'll see if he says something about having to do with Laci's disappearance? They tell you that? FREY: Again, there was two reasons. One of which you speak of, but also there was evidence I heard, to prove his innocence as well. It wasn't just slanted, as you speak. GERAGOS: Buehler and Hagan are saying, we are looking for evidence to prove his innocence, they are telling you that? FREY: Yes. GERAGOS: Did you find a lot of, did you find any evidence whatsoever that proved his guilt in those tapes? There was none, was there? FREY: I found little evidence for innocence. GERAGOS: You didn't find anything, right? FREY: You didn't let me finish. GERAGOS: Well, let me ask you this. Here is the report by Detective Buehler on January 6th. This is his report about why he had you come to assist. Can you read that for a second to yourself? Just to yourself. FREY: The whole, just what you have highlighted? GERAGOS: Just the yellow highlighted portion. HARRIS: I object. If it wasn't communicated to her, what is the relevance? GERAGOS: She just said what was communicated to her. I have got a report. JUDGE: Objection is overruled. Just read to it yourself. FREY: Okay. JUDGE: Remember the explanation why she was there. FREY: Right. I indicated that. GERAGOS: In Detective Buehler's report, that indicates to you that the reason that they had you up there is because Scott was in the area? HARRIS: Objection, relevance, as to what's in the report. It's what was communicated to her. JUDGE: Overruled. GERAGOS: There is nothing in that report about that, is there? FREY: I don't know what Detective Buehler's report says. GERAGOS: You just read it. FREY: That spoke about, well, you indicated – GERAGOS: I just asked you, the report you just read. FREY: Yes. GERAGOS: That explained that they called you up there to assist in the investigation, right? FREY: Yes. GERAGOS: So that they could specifically, so that they could determine, it might be beneficial to have Frey come to Stanislaus County to assist in the investigation. I asked if she would have a problem with coming to the Modesto-Turlock area so we could be closer to her to monitor these calls so that Sharon Hagan could provide constant suggestions for the next call. Arranged her work schedule so she could travel to Modesto on Monday, January 6th. Right? Nothing in there about Scott's in the area, we better get you up there, or anything else, correct? FREY: No, there isn't. But that's what I was told as well. GERAGOS: Now, specifically on the 8th, also asked whether or not Scott, one of the phone calls that was played, whether or not he got your message. Do you remember that? You had left him a message. FREY: On what day? GERAGOS: January 8th. I assume that was one of those cards you had sent him. January 8th, 1332 call. FREY: Un-hun. GERAGOS: Okay. And he told you, and you asked him, what do you think of that message, right? FREY: Yes. GERAGOS: Okay. And he told you that it's fine. He's got nothing to hide, correct? FREY: Yes. GERAGOS: Told you specifically, or you said specifically, you must be worried about your parents, and your family, and her family, right? FREY: Yes. GERAGOS: And he said, you know, there is no question. But I mean, I know, I mean if that's what you have to do. And he said, I'm not going to ask you to stop, you know, or anything, cause what you feel you have to do, then that's right. And I have nothing to hide in this. And you said, what about your parents? And he said, I'm sure that, you know, that they will be, I mean, hurt. And obviously I'll have some repercussions among our family. Correct? FREY: Yes. GERAGOS: That's part of the discussion about going to the police, right? FREY: Yes. GERAGOS: Now, that specific discussion about going to the police, he told you that he had nothing to hide, right, again? FREY: Uh-huh, yes. GERAGOS: And that was one of the those discussions where they are giving you notes and telling you, you know, ask him about this, see what he's going to do when he tells you that, or when you tell him you are going to go to the police. Right? FREY: Yes. GERAGOS: And then they also told you, what about the repercussions for the family, correct, is one of the questions that you asked him? FREY: That was one of the questions I asked, yes. GERAGOS: Okay. That was also suggested by the, by one of the police officers? FREY: I don't recall if it was or not. GERAGOS: Ask you to play A39. JUDGE: This has been played? GERAGOS: Yes. January 8th, 1332. <recording played> GERAGOS: Now, in that same conversation, you kept asking him, or when I say you kept asking him, you, they are slipping you suggestions at points. It's not necessarily you, as you being the voice for them, correct? FREY: At times. GERAGOS: Okay. And in that same conversation, A40, you then confront him again about this. <recording played> GERAGOS: Now, the discussions that you had with him, you never got anywhere. It's a tape that's been played, or a tape that hasn't been, prosecution chooses not to play. There is no place where he ever told you, "Don't go to the police," is there? FREY: No. GERAGOS: There is no place where he tells you, tries to talk you out of it, is there? FREY: No. GERAGOS: In fact, every single time that you bring up, in all of the tapes that you have reviewed, and all the conversations, every single time that there is any discussion or suggestion that you are going to go to the police, that took place at least, over more than three tapes, or more than three conversations, he always says, go to the police, it's your decision. He does not dissuade you in the least, correct? He doesn't try to talk you out of it, right? FREY: You say every conversation? GERAGOS: Any one where you had the conversation about the police. FREY: I wouldn't agree with that statement. I'm sorry. GERAGOS: Can you show me one conversation, point to one conversation where he tried to talk you out of it? FREY: They weren't played. GERAGOS: They weren't played? Prosecution has evidence that he tried to talk you out of going to the police, and never played it? HARRIS: Objection. Argumentative. JUDGE: Overruled. GERAGOS: Each time that he tried to talk you out of the police, they don't want the jury to hear this? FREY: It wasn't in that particular content as far as the conversation. GERAGOS: Well, we played all of the 6th, right? FREY: Yes, it was GERAGOS: We played the 7th, right? We played the 8th, right? FREY: Yes. GERAGOS: Okay. So we played all of those, and you heard all of those here, right? FREY: Yes. GERAGOS: And every single one that was played here, he told you it's your decision, correct? FREY: Yes. GERAGOS: Okay. Now, is there any other tape that you can point to, because they are the ones get to pick and choose what tapes, not me HARRIS: Objection, judge. Counsel is testifying. JUDGE: Sustained. The jury can ignore that. GERAGOS: Is there any specific date or conversation you can point to? JUDGE: You know what he's talking about? FREY: Yes, I do. I'm trying to, I'm thinking about my answer. You asked me, can I point out specific dates? I don't have that type of recall. With the transcripts, seeing how there is so many, and many hours there were conversations between Scott and I about going to the police for other particular instances that he was not agreeable in doing so. GERAGOS: That had nothing to do with you going to the police. FREY: No, it didn't. GERAGOS: Right. That's what I'm asking you about. He said, at a certain point, he was unhappy with the way the police were treating him. And you are talking about the way where he's going to do anything more with the police at that point. I'm not talking about that. FREY: I'm just trying to answer your question, Mr. Geragos. GERAGOS: I'm asking you, specifically you, did he ever try to talk you out of going to the police? FREY: Between the 6th and 8th, no, he did not. GERAGOS: At any time, you, did he tell you not to go to the police? FREY: I believe I understand what you are asking. So what I'm answering you may be partially different to your answer. So GERAGOS: Now, what about the, specifically the media. Did he tell you about that he would drive erratically to avoid the press? Would you have discussions about that? HARRIS: Objection. Hearsay. JUDGE: Sustained. GERAGOS: Hearsay as to Scott Peterson? JUDGE: Yeah. Because it's not under 356. It's in GERAGOS: Well, 356, you know, without having to argue this again, there is a, 356 does not control the field on this. I mean there is a multitude of other Evidence Code sections that are appropriate. JUDGE: Okay. 356 relates to the playing of these tapes. Okay? Are you referring to something in a tape? GERAGOS: I'm referring to recorded conversations. But what, the point is, is because it's on a tape does not give them control over her conversation. JUDGE: I'm aware of that. That's correct. The point is, I have to anticipate what your next move is going to be, Mr. Geragos. GERAGOS: I understand. JUDGE: What I'm saying is that that particular reference there doesn't, is not necessary to explain these other tapes. GERAGOS: Right. But what I can do is use this witness's memory of her conversations to give the jury the full story of what's going on. Otherwise JUDGE: Except that GERAGOS: I can bring her on back as my own witness if you want to do that. JUDGE: Well, you may have to do that. The objection is raised because we're getting into self-serving statements now that are over and beyond what was presented by the prosecution. GERAGOS: Well, except that the self-serving is, if there was evidence at the time that he knew he was being taped. There is no evidence at the time that he knew he was being taped, then, no, it's a prior JUDGE: It's still self-serving. GERAGOS: Well, I don't want, JUDGE: Trust me. GERAGOS: I don't want to get into the JUDGE: Trust me. I'm going to sustain the objection. GERAGOS: I'm going to go on to something else. JUDGE:: I'll order her back if you want. GERAGOS: You can order her back. GERAGOS: Now, specifically in those media conversations that you had, did you tell him about what the media was doing to you? FREY: Yes. GERAGOS: Okay. Did you tell him, and wouldn't he tell you specifically that they were taking video of him, and wherever he was going they were following him to get his picture? FREY: I'm sorry, I didn't hear the first part of the question. GERAGOS: Were they taking videotape of him? FREY: Yes. GERAGOS: And they were taking pictures of him wherever he was? FREY: I don't know if it's wherever. But there were video and photos of Scott. GERAGOS: Okay. And was one of the things, I notice in the calls on the 8th, you kept referring him or asking him about the fact that he wasn't going on nationwide TV. Do you remember those questions and answers? FREY: Yes. GERAGOS: Okay. Were those things that were being supplied to you by the officers? Were they telling you or asking you to ask those questions? FREY: I don't recall the specifics. GERAGOS: Do you recall if, was that something you thought about? FREY: That's what I'm saying. I don't recall if it was them, or if it was myself. GERAGOS: Well, I'll show you the 1-8 at 1332. FREY: Un-hun. GERAGOS: You see, do you want to read the yellow highlighted portion to yourself? FREY: Okay. GERAGOS: Does that refresh your recollection as whether it was out FREY: I'm sorry, I haven't read through it all. If you give me a moment. GERAGOS: There are three sentences yellow highlighted. Read that, tell me when you are done. FREY: Yes. <pause> Okay. GERAGOS: Okay. Do you remember, and that's specifically some of the discussion about him going out and doing media, correct? FREY: Yes. GERAGOS: Okay. Now, is that your suggestion to him that he should go out and do media, or was that something that the police told you? FREY: Again, I don't recall whose suggestion that was. GERAGOS: Did you save any of the these notes that they gave you? FREY: No. GERAGOS: Do you know what happened with those notes that the police gave you? FREY: No, I do not. GERAGOS: Did you hand them back to them? FREY: I never took them. GERAGOS: So what he, how would this work? They would slip a paper, basically, while you are on the phone, in front of you? FREY: Un-hun, yes. GERAGOS: Okay. Would it be writing on it? FREY: Yes. GERAGOS: Okay. And either Buehler or Hagan would write on it? FREY: Yes. GERAGOS: Slip that in front of you, and then that's how you would control or change the conversation, or what you would ask? FREY: Sometimes they would write a few different things on the paper, and it would just, if it fit in the conversation, possibly fill it in, or slip it in, that way. GERAGOS: All right. Now, on the, at some point, did the police tell you that, did they give you some information that you were supposed to question him about? FREY: I'm sorry? GERAGOS: They give you information that you were supposed to question him about? Specifics, like life insurance? They tell you to ask him about life insurance? I'll show you on the, looks like the 19th. HARRIS: Your Honor, I would object to this. JUDGE: Well, ask the question. But we're not going to get into the tape again under 356, unless it's necessary to explain the conversation already admitted. Help understood, this is a new area. But he can ask her if they were asking her to see if he could elicit questions about life insurance? FREY: Are you asking me to read all the way down? I'm not there yet then. I just need a moment. GERAGOS: Yes. FREY: I just need a moment. <pause> Okay. GERAGOS: Now, having read that, does that refresh your recollection as to whether or not you did ask him about life insurance, correct? FREY: Yes. GERAGOS: Was that your thought, or was that something that the Modesto PD asked you to ask him about? FREY: I don't recall whose suggestion that was. GERAGOS: How about the things, specifically like the truck ramming into his warehouse, having him to move from the warehouse? Did they, was that something you asked him about on your own, or the Modesto PD asked you to ask him? FREY: I don't recall if Scott brought it up, or if it was myself. Does it indicate on the transcript? GERAGOS: I'm asking a new, do you remember whether or not you asked whether or not, whether the police gave you that information? FREY: That's what I'm saying. I don't recall if he brought it up. GERAGOS: The way that he's ruled, I can't ask that, so I have got to ask you in this fashion, Miss Frey. You are going to have to just rely on your memory. Do you remember if the police told you to ask him about ramming into the warehouse? FREY: No, I don't remember. GERAGOS: Do you remember if the police told to you ask him about Laci's actual due date? FREY: I believe that was my curiosity. GERAGOS: That was something you came up with? FREY: Yes. GERAGOS: How about the idea of the exact details of what Laci did on the 23rd and the 24th? Do you remember, we had, we were listening to the tapes. You were asking him repeatedly about what she did on the 23rd and 24th. Was that your idle curiosity? Was that the police telling you to do – FREY: I don't recall, specifically. I'm sorry. GERAGOS: Okay. Now, did you, did the police ever tell you that they had found it suspicious that they had smelled bleach in the house? Did you ever hear that on the 30th from either officer, Detective Brocchini or Detective Buehler? FREY: No. GERAGOS: Did you ever hear that at all? FREY: I vaguely recall something of that sort. But I don't know anything of the entirety about it. GERAGOS: Was that, vaguely something of that sort, one of the officers telling you that? FREY: I don't believe so. GERAGOS: Do you know who that was from? FREY: I think it was just hearsay, out and about, people talking. GERAGOS: Okay. Now, there is another specific spot in the tapes that were played where there is talk about where you are talking to Scott about a Dave, and I don't know how to pronounce his last name. Is it Ghirardelli? FREY: Giardinelli. GERAGOS: Giardinelli. Is this a friend of yours? FREY: Yes. GERAGOS: You are getting mad at Scott because he's told you that his wife was dead, correct? You recounted this story to Scott? FREY: I shared that story with Scott in early December. GERAGOS: And Dave Giardinelli? FREY: Giardinelli. GERAGOS: Told you in December that, this is somebody you have known for how long? GREY: For some time, I guess. GERAGOS: Couple of years at least, right? FREY: Prior to that an acquaintance that I would see out and about with his wife. GERAGOS: Right. And you knew his wife as well, right? FREY: She was a friend of mine. GERAGOS: Okay. And you saw him at a bar somewhere in December; is that correct? FREY: No, that's not correct. GERAGOS: Didn't you say you had met him at a bar, you ran into him at a bar? FREY: Not in December. GERAGOS: Did you run into him in a bar at some point? FREY: I was out with some friends. I ran into him at a rib house. GERAGOS: In the bar of the rib house? FREY: No. It was outside. GERAGOS: Okay. And did he tell you at that point when you ran into him that his wife had died? FREY: Would you like me to explain the story GERAGOS: I'm asking you FREY: of how it came about? GERAGOS: I'm asking you the question. FREY: Yes. GERAGOS: Okay. And then after he told you that, some time shortly thereafter, his wife is a twin, correct? FREY: Correct. GERAGOS: Okay. And you ran into this, what you thought was the twin sister of the wife who had died, at a carwash, right? FREY: Yes. GERAGOS: And when you said something to her, you realized that it wasn't the twin sister, it was really the wife, right? FREY: Yes. GERAGOS: And, at that point, you realized that Dave G, since I can't pronounce his last name JUDGE: Giardinelli. GERAGOS: Is that some kind of an ethnic connection there that I should know about? That Dave G had been lying to you about his wife being dead, correct? He lied to you about it? FREY: Yes. GERAGOS: Okay. You told that to Scott? FREY: Yes. GERAGOS: Now, the, in addition to that, one of the things that the police eventually told you to do some time in late February is that, you had a conversation with Buehler; is that right, about the, to have you stop talking to him, stop talking to Scott? FREY: In February you said? GERAGOS: In February. FREY: Yes. GERAGOS: On the day of the search warrant being executed. Do you know if that was the same day? FREY: No. GERAGOS: February FREY: I don't know. GERAGOS: Okay. Do you remember what occasioned that call, why Buehler and you talked about it? FREY: No, I don't recall that. GERAGOS: What was the context of that call, what was, what did Buehler tell you? Did he tell you to stop talking to him? FREY: He said, at that point, the best I can remember, as far as the conversation was that they didn't really need the conversations to continue. That I could, I guess, basically terminate conversation, or end conversations with him. GERAGOS: Let me play B28, which has already been played. It's February 19th. Mr. Naljian has just got the audio, not the Power Point. JUDGE: All right. <recording played> JUDGE: Cut that off, Mr. Geragos. How long is this going to play? If it's going to be lengthy, we should give the jury a transcript. GERAGOS: Judge, just three minutes. JUDGE: Well, it's pretty long. I think we have transcripts. We should give the jury a transcript. I have, do you have the, we still have those transcripts on that particular conversation? GERAGOS: I could do, judge, if it makes it any easier, I think I have got transcript, I can put JUDGE: Why don't you put it there so the jury can follow. The voice is not that great. And I thought it was just a short excerpt. But it's longer than I anticipated. HARRIS: It's 201K. JUDGE: Okay. But I don't have the transcripts here. But he's going to show it on the, we have already distributed to the media. HARRIS: The binder should be up there. Just pull it out of the binder, put it on the document camera. JUDGE: He's got it. GERAGOS: I had it just a second ago. Let me get it. JUDGE: Got it? He's got it. Let me see it. What's the date of this now, Mr. Geragos? GERAGOS: The 19th. JUDGE: K, right? GERAGOS: Yes. JUDGE: I got it. We'll put that up there. That's hard to hear. <recording played> GERAGOS: Then you after that call on the 19th, you called Detective Buehler; is that correct? FREY: Did I, without seeing my phone records, I'd have to just assume that I did. GERAGOS: Let me show you, why don't you read this first four paragraphs right there, see if that refreshes your recollection. JUDGE: See if that refreshes your memory, Miss Frey. FREY: Okay. Okay. GERAGOS: Finished? FREY: Yes. GERAGOS: Does that refresh your recollection as to a conversation you had with Detective Buehler on the 19th of February? FREY: I can't say that it really does, but – GERAGOS: Well, did you call him on the 19th? After that phone call we just listened to, did you call the detective and tell the detective, I did what you suggested, I called and I ended the relationship? FREY: That's what he reported. GERAGOS: Is that your memory? FREY: I really don't recall specifically. I'm sure I did do that. GERAGOS: Did he, didn't he tell you in that conversation that they weren't getting anything useful on the recorded calls? HARRIS: Objection. Hearsay. GERAGOS: Goes to her state of mind. JUDGE: Sustained, overruled, I mean. You can answer that. GERAGOS: Didn't he tell you they weren't getting anything useful, useful information on the recorded calls? FREY: I don't remember. I know you showed me, but I'm saying I don't remember. GERAGOS: I'm going to ask you to take JUDGE: I think the objection is argumentative. GERAGOS: Does that refresh your recollection as to that's what he told you? FREY: No, it doesn't. GERAGOS: Okay. Did he tell you from, that from their standpoint that they weren't certain that all the calls were being documented by you? HARRIS: Objection. Judge, this isn't the detective's report. It's not indicating this is what he told her. JUDGE: Isn't that what, I assume you got this from Detective Buehler's report. I'll take your representation of that. GERAGOS: Right. I'm reading directly from it. JUDGE: All right. Objection is overruled. Go ahead. You can answer. GERAGOS: Did he tell you that he was not certain that all the documents or all the calls were being documented? Did he tell you that? FREY: No, I don't recall that. GERAGOS: Did he tell you that he wasn't, that they were not certain that all the calls were being reported to them? FREY: I don't recall him saying that to me. GERAGOS: Did he say that he was not sure that all the calls were not being possibly scripted? Did he ever say that? FREY: They weren't all scripted. GERAGOS: I'm asking, did he tell you that? FREY: No, I don't recall him saying that to me. GERAGOS: Okay. Now, did you say, did you tell him that it surprised you that he agreed without protest to stop talking to you? Did you tell Buehler that? FREY: That's something that I recall expressing; but that it did surprise me that it went so well, yes. GERAGOS: The phone call that we just listened to? FREY: Yes. GERAGOS: As you sit here today, you have a distinct memory that it surprises you that when you told him that you thought it was in the best interests not to have any further contact, that he just readily agreed to it? FREY: That does, yes. GERAGOS: Okay. And that, furthermore, that you were surprised that he didn't try to change your mind in any way? FREY: I can't say that would be the wrong. Just the way that it was handled surprised me. GERAGOS: Isn't that what you told Detective Buehler, that, didn't you tell him that it surprised you that he would feel this way, and that he did not, in any way, attempt to dissuade or change your mind about this? FREY: I don't recall using those words. GERAGOS: Okay. Now, had Detective Buehler given you advice earlier where he asked you specifically that you should allow him to be present to monitor that conversation, for lack of a better word, the kiss-off conversation? FREY: I don't recall that conversation. GERAGOS: I'm going to show you, read the first four paragraphs. Take a look at the very last paragraph. Read that silently to yourself, if you would. FREY: Okay. GERAGOS: Didn't Detective Buehler tell you that he was supposed to be present when you had this conversation so that he could be present to monitor it? FREY: I don't recall that conversation. GERAGOS: Wasn't he specifically telling you that, or didn't he specifically tell you that when you make that call, he called you and told you to make that call, correct? FREY: Yes. It was discussed that I make the call. GERAGOS: And did you tell him that you didn't want to tell Scott that he, that you didn't want, you shouldn't have any more contact with him, right? FREY: Yes. GERAGOS: Okay. Did Detective Buehler tell you that he needed to be there to monitor that call? FREY: I don't recall him being specific about it. Just reading the, I understand what you are saying, reading the report. But I don't recall him saying he specifically needed to be there when I made the call. GERAGOS: Okay. So when he says that was contrary to his advice, you, your memory is that he did not give you that advice? FREY: I think it was more of a suggestion, possibly if it worked out, to happen that way. But I don't recall it being a specific order from him. GERAGOS: Now, the conversation, where were you when you had that last conversation that we just listened to? FREY: I would be assuming, most likely at my home. GERAGOS: Down in Madera? FREY: Yes. GERAGOS: At that time, correct? FREY: Yes. GERAGOS: And do you know where Scott was? FREY: No, I do not. GERAGOS: You called, obviously, his cell phone, correct? FREY: Yes. GERAGOS: Now, the, specifically were the police giving you instructions after the 8th, you read the one that I just gave, the report I just gave you where they had advised you, where they felt that they had advised you that they wanted to be present. Going back to what-ifs, discussing with you at the end of the day yesterday, after the 8th, did they give you advice as to whether or not you should have any further contact with Scott Peterson? Did they tell you anything? FREY: What do you mean by that? GERAGOS: You were at Modesto PD. You were in Modesto on the 6th, 7th, and 8th? FREY: Yes. GERAGOS: When you were there on the 7th and 8th, they were there monitoring and basically constantly giving you suggestions, according to their reports, correct? FREY: Yes. GERAGOS: Now, when they finished the last call on the 8th, whatever time that was, that was the end of that block of supervision, right? FREY: Yes. GERAGOS: Now, did they give you some advice at that point, or ask you to do something at that point, in regards to future phone calls with Scott? FREY: There was a meeting that morning. GERAGOS: Where was that meeting? Was that on the 9th, the following day? FREY: To remember specific dates, I believe it was in the daytime, or, actually, I just remember being in an upstairs office with a very large table. And there were many officers around it. And I remember entering. They were already in there. We were discussing, or they were discussing further conversations, and how I felt about, I guess mostly where I was emotionally, my state of mind with continuing talking with Scott. GERAGOS: Okay. And specifically what I'm asking you is, did they tell you that they didn't want you making calls without them present? FREY: No, I don't recall them ever asking that. GERAGOS: If they had told you that, would you have, would you have told them, if you were going to go against their advice, if they told you don't do this, and you were going to do it, would you have told them, "I did it anyway"? FREY: They sent me with recorders and tapes. GERAGOS: When did he send you? FREY: For further GERAGOS: Where did he send you recorders and tapes, after the 8th? FREY: When I left, they were on my, they were with me. GERAGOS: Who gave them to you? FREY: In my possession. They never took them from me. GERAGOS: Okay. So they didn't give them to you, is what you are saying? They just gave you new tapes? What are you saying? FREY: Yes, I was always, I was provided with GERAGOS: By who? FREY: Well, Detective Buehler. GERAGOS: When was that? FREY: Oftentimes. And so when you are asking when I left, yes, I was. I left Modesto with further tapes, or more tapes and a tape recorder, and the device to continue if there were any more calls. GERAGOS: What I'm getting at is, you are there during the 6th through the 8th. You don't need any of the recording devices. They are doing the recording? FREY: That's not true. GERAGOS: Do they do the recording with you? FREY: I continued the same as I had been. GERAGOS: So the 6th through the 8th they are there, you have got the recording devices? FREY: Yes, I do. GERAGOS: You have got the audiotapes? FREY: Yes. GERAGOS: Do they give you, before you leave on the 8th, do they give more blank tapes? FREY: All I know is that I had them. Whether they gave them to me then, or I already had them, I don't know. GERAGOS: That's what I'm asking you. FREY: I don't know. GERAGOS: Did you have receive tapes from Brocchini, Detective Brocchini? FREY: No, I didn't. I don't know how to put it. My interactions was with John Buehler, not Al Brocchini. GERAGOS: You didn't have an interaction with Al Brocchini where he gave you tapes and admonished you, he lectured you that you were to report all phone calls to Buehler or him? That never happened? FREY: You just asked several questions. If could you break that down. GERAGOS: I'll ask you this question. Did you have a conversation with Brocchini where he gave you tapes? FREY: Where he gave me tapes? GERAGOS: Yes? FREY: I don't believe so, no. GERAGOS: Did you have a conversation with Brocchini where, in conjunction with giving you tapes, he also told you that you needed to report all conversations, you needed to tell the police about all conversations? FREY: Not that I can recall. GERAGOS: Okay. Now, did you have any conversation with Buehler about that? Buehler tell you that you needed to give him any tapes, and so that you couldn't hold back, so to speak, if you were taping, and they knew about it? FREY: No, I don't recall that conversation. GERAGOS: Had there ever been a conversation that you had with anybody from Modesto, whether it's Jacobson, Buehler, Hagan from the Department of Justice, where he specifically said you are holding back? We think you are holding back, you can't hold back in the future? FREY: No. GERAGOS: Never had that conversation? FREY: I don't recall a conversation like that. GERAGOS: I'm asking, I'm not asking if you don't recall. I'm asking, do you remember, as you sit here, ever having that conversation? FREY: No. GERAGOS: Now, I'm going to go back to, go back to the month of December with Scott, when you two were buying various things in anticipation of this, I think you called it a formal, correct? Where did that formal take place? FREY: At the World Sports Cafe in Fresno. GERAGOS: What? FREY: The World Sports Cafe in Fresno. GERAGOS: Okay. And the World Sports Cafe is what? What kind of a location? Like a sports bar? FREY: And cafe. I don't know how you would call it. There was, GERAGOS: Restaurant, slash, bar FREY: Yes. GERAGOS: type area? Now, in preparation for that, Scott went and got a tuxedo, correct? FREY: Yes. GERAGOS: Okay. He rented a tuxedo in his own name, as far as you can tell, correct? FREY: As far as I knew, yes. GERAGOS: Using his own credit cared, right? FREY: I didn't see it in front of me. I saw that something was pulled out from his wallet. But he wasn't standing right next to me. GERAGOS: When the police came to you the first time on the 30th, you gave them a list of places and a list of locations where you thought they could find receipts or evidence that Scott had been with you, correct? FREY: I don't think it was on the 30th that we went through a list of locations. I believe it was another date that John Buehler came down with me to go through those. GERAGOS: I gave him, I think I'll show you 1644, 45, and 46. Are these a list, take a look at those. Is that a list of the places that you gave to Buehler and to Brocchini? FREY: Yes. GERAGOS: Yes? FREY: Yes. GERAGOS: Okay. At least it looks like, by their count, you gave them sixteen different places where they could find substantiation about you and Scott, correct? FREY: Yes. GERAGOS: Okay. This included this Christmas tree place, Elephant Bar, the Radisson, right? FREY: Yes. GERAGOS: The Japanese restaurant we talked about, that Bebe's Lounge, which was after the Japanese restaurant? FREY: Yes. GERAGOS: The Food Maxx that you had gone prior to 2:00 a.m. to buy the gin and tonic, correct? FREY: Yes. GERAGOS: Trader Joe's, that you thought that Scott had gone to buy the plant and the food, food items to make the lasagna? FREY: Yes. GERAGOS: The whole foods place as well? FREY: Yes. GERAGOS: Now, specifically you also told them about the Bank of America where you went with Scott, right? FREY: Yes. GERAGOS: And a Wal-Mart where you, Scott, and Saki had gone inside, actually you and Saki had gone inside, and Scott waited? FREY: Yes. GERAGOS: Borders Books, a Chinese restaurant, the Fashion Fairmont, right? FREY: Yes. GERAGOS: You also gave them what you had considered to be evidence items that you had at your residence, right? FREY: You say evidence items – GERAGOS: They called it evidence items. Turned over things that you had saved; is that right? FREY: Yes. GERAGOS: You had a Trader Joe's plant wrapper that you had saved? FREY: Well, it was around a plant that I had. So GERAGOS: You had an open condom wrapper that you had saved? FREY: I didn't save it. It was just there. GERAGOS: And that was on the 30th of December. It was still there from the 14th? FREY: I really hadn't been home that week very much. GERAGOS: So it had stayed there for the two weeks, or two and half weeks? FREY: Yes. GERAGOS: Okay. The soil samples from Aiyana's shoes that had been, what did they do, took the shoes and scraped off some soil? FREY: Yes. GERAGOS: Four caramel candies and one men's pocket, are those the caramel candies that were used to make the Pink Lady Caramel Apple? FREY: Yes. GERAGOS: And then the books that you were given, you also had as well, you turned those over? FREY: Yes. GERAGOS: Now, when you turned all of those things over, the, almost all of those had, were public locations where you had been with Scott on the 14th or before, correct? FREY: Well, not all of them. I wasn't with him at all those locations. But the majority of them, yes. GERAGOS: Okay. Is it a fair statement that he never tried to hide his relationship with you? FREY: That's a fair statement? GERAGOS: Yeah. I mean did he try to hide it from you or your friends? I mean when he went, he went to this, you call it a formal at this sports bar, correct? FREY: Yes. GERAGOS: On the way did he stop and buy pictures, or buy film to take pictures? FREY: Yes. GERAGOS: Okay. And was that, who was actually taking the pictures? FREY: Saki. GERAGOS: Okay. Did he tell Saki not to, don't take any pictures of him? FREY: No, he never said that. GERAGOS: Okay. When he was passing out your cards, I assume your card had your name on it for your new business? FREY: Yes. GERAGOS: And he was passing that out, and he wasn't covering his face, or anything, was he? FREY: No, he was not. GERAGOS: Okay. As he's passing it out, I assume that anybody who gets this card is going to get the card, see Amber Frey, and see Scott Peterson, or somebody who looks just like Scott Peterson passing the card out, correct? FREY: Yes. GERAGOS: The pictures that were taken by Saki were at, was that before, as you are getting ready to go, were those pictures you were taking? FREY: Those are separate photos. GERAGOS: So he didn't tell you not, do not take those photos, did he? FREY: No, he did not. GERAGOS: Now, at some point, I think in the tapes there is a reference to the fact that you sent out pictures with Christmas cards; is that correct? FREY: Yes. GERAGOS: And is that your Christmas card? I mean you, and I mean the picture that you sent out, is that something you sent out to your family and friends? FREY: Yes. GERAGOS: Okay. And approximately how many of those did you send out? FREY: I believe I had five prepared to send out. But only, I believe, three of them were actually given. And I retrieved one of the three back. GERAGOS: Okay. When you say five were prepared FREY: Yes. GERAGOS: You were sending out Christmas cards, and in that Christmas card, if I understand correct, you put in a picture of you and Scott? FREY: Yes. GERAGOS: Did you talk that over with Scott before you did it? FREY: No, I did not. GERAGOS: Okay. Who were the people you were going to send these Christmas cards with the picture of you and Scott in? FREY: The ones that had not been sent, or just in the entirety of the five people? GERAGOS: If I understood correctly, you had five you planned to do it with? FREY: I believe that was, yes. GERAGOS: And was this picture of you and Scott, is that one of the ones that Mr. Harris showed you? FREY: Yes. GERAGOS: Was it the one where he's wearing the Santa cap? FREY: No. GERAGOS: Which one was it? FREY: It was, there is a smaller picture in there that Saki had composed on her computer, and kind of made them a little bit smaller. It would, it was those. So it was Scott and I side-by-side in front of a Christmas tree. GERAGOS: Okay. And the only people in the picture were you and Scott, correct? Ayiana was FREY: No, she was not. GERAGOS: And who were you sending these cards to? Who were the five people you planned on sending it to? FREY: Both my parents, I believe my grandmother, and then two friends. GERAGOS: Okay. Who did you end up sending it to? FREY: My dad, my mother, I believe my grandmother, and the two friends. Actually I don't know if I ever got it to grandmother. I just, one I did get to a friend, and then I had later retrieved from her. And the other one never got sent out. GERAGOS: Okay. Now, I'm going to jump back. They found this one report. When I was asking you before about Brocchini telling you that at any point that you had to, giving you tapes, or telling you anything else. You don't have any memory of Brocchini telling you that at all, telling you that you had to, giving you tapes? FREY: No. I do have a recollection of Brocchini telling me something, but it wasn't that. GERAGOS: Okay. So he didn't tell you that you had to give them the information, or be straight with them about turning over information on the tapes? Brocchini never did that? FREY: He had made a comment in the, along the lines of that with Detective John Buehler present. GERAGOS: All right. Now, they had told you, I mean is it a fair statement that they had told you the kind of things, especially on the 6th, 7th, and 8th, that they wanted you to say on the phone calls? FREY: I'm sorry? GERAGOS: On the 6th, 7th, and 8th, specifically when you were up in Modesto PD, is it a fair statement that they told you the kinds of things they wanted you to say on the phone calls? FREY: Would that be a fair statement? Yeah, I would say that was a fair statement, yes. GERAGOS: Okay, judge, could we take the break now? I'm just going to, hopefully be done with her right after the break. JUDGE: Take the morning recess until five minutes to eleven. <recess> JUDGE: All right. Mr. Geragos. GERAGOS: No further questions.
Redirect Examination by David Harris HARRIS: Miss Frey, what I want to do is kind of go back to where Mr. Geragos started at and ask you some questions. You were telling us, when he was asking you questions about your phone records, something about incoming calls not showing. And I want to have you explain what you meant by that. FREY: I'm sorry, I want to wait a moment. It's a little noisy. HARRIS: When you were talking FREY: I heard your question. HARRIS: Okay. FREY: About my phone records and about only showing my, the calls going out? You want me HARRIS: Yeah. FREY: to explain how that, how that is? HARRIS: Well, when you were looking at your phone bills FREY: Uh-huh. HARRIS: and you were looking at those records to see if there were particular calls there, what numbers show up on your phone bill? FREY: Only the ones that I dial out. HARRIS: So if you were making a call to someone using your cell phone, if you dialed a number, that number shows up as a number you called? FREY: Yes. HARRIS: Now, if somebody calls you on your cell phone, does their number show up? FREY: No. Only incoming and the length of the call and the time, but not a number from where it was from. HARRIS: Okay. When you were looking at those records, it was kind of a thick stack that you were looking at? FREY: Yes. HARRIS: Was this cell phone, was it just for your personal use? FREY: No, it was not. HARRIS: And what other usage were you using FREY: I used it for my business as well. HARRIS: So during the time period that we were talking about, did you have maybe ten, 20 calls? Or did you have more than that? FREY: There were pages. GERAGOS: Objection. Vague as to time. JUDGE: Yeah. What time are you talking about? HARRIS: During the phone bill, just go right back FREY: Okay. HARRIS: to the phone records that you turned over to Detective Buehler and Brocchini FREY: Uh-huh. HARRIS: was there a lot of phone calls on there? FREY: I'm sorry, the ones that I, I'm not sure if I'm understanding your time line. HARRIS: When Detective Buehler and Brocchini came down and they talked to you on the 30th FREY: Yes. HARRIS: and you turned over your phone records, your phone bill at that point in time, were there hundreds of phone calls on there? FREY: Without having it in front of me I couldn't count how many, but there was often many phone calls, because I did use it for my business as well as personal. HARRIS: So when you were asked to look at a particular area FREY: Uh-huh. HARRIS: and if it just says "incoming," would it be difficult from just your phone records telling exactly who it was that you were talking to? GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: Looking at your phone records, would it be difficult to tell exactly who you were talking to? GERAGOS: Objection leading. JUDGE: Overruled. FREY: Yes, I would not know who was calling me. It doesn't appear on my phone records. HARRIS: Now, you were shown some, shown a photograph, and you were asked about whether Mr. Peterson had been drinking. Do you remember that? FREY: Yes. HARRIS: I want to show you another photograph and talk about that. That would be 193 F that's previously been marked. JUDGE: That's 193 F? 16 HARRIS: Yes. HARRIS: Now, this particular photograph here, 193F, was this taken almost at the same time as that other photograph that you were shown yesterday? FREY: Yes. HARRIS: And does, does Mr. Peterson appear to be blinking in this picture? FREY: No. HARRIS: Now, when these pictures were taken, was this before or after you went to this formal event? FREY: Before. HARRIS: And who drove to that event? FREY: Scott. HARRIS: You were, then going forward in time, you were shown the Defendant's Exhibit, I can't see the number from here, but the Star Theater? FREY: Yes. HARRIS: The box over here. And then Mr. Geragos was asking you and showing you a chart that showed that you had made a number of calls on the 26th. Why were you trying to reach Mr. Peterson on the 26th? FREY: To share the information that I had received his package with the Christmas gift in it. HARRIS: In a sense, you were trying to thank him for the present? FREY: Yes. GERAGOS: Objection. Leading. JUDGE: Overruled. It's been asked and answered. HARRIS: You were also shown another chart, let's see if I can find it, one with Richard Byrd. JUDGE: For the record, the planetarium box was D 5 P. HARRIS: Q. Let me show you the Richard Byrd chart, which is D 5 N. FREY: Uh-huh. HARRIS: Put that up there for you. I would like, if you could, turn to number 49. As they're listed on the left numerically. FREY: Uh-huh. HARRIS: Can you see that particular phone call, the 39th one? FREY: Yes. HARRIS: And does that indicate that you talked to Richard Byrd? FREY: It indicates there's a four minute call. HARRIS: And when was that? FREY: At 2:04 a.m. HARRIS: And this was the morning of the party when you were given the information about the defendant being involved GERAGOS: Objection. Leading. JUDGE: I'm going to permit it. Overruled. You can go ahead and answer. HARRIS: Given the information about the defendant being connected with the missing woman in Modesto? FREY: Yes, it was. HARRIS: After you received that particular phone call, is that when you called the Modesto Police Department? FREY: Yes. HARRIS: Now, counsel was asking you about whether you suspected the defendant at some point in time, and just kind of use that term. So I want to go back to something you said but didn't explain. You said that you started to suspect the defendant when there was an issue about the P.O. Box being provided; is that correct? FREY: Yes. HARRIS: What did you mean by that? FREY: Well, Richard had made comments to me before about different conversations I had shared with him between Scott and I, about them not sounding, or sounding suspicious, as far as the content of the conversation. And I kind of made excuses for them, for Scott, about them. And so when I received the call about the P.O. Box number that was located in Modesto, at that point my, my heart basically sunk in my stomach and I thought there's something not right with what he's telling me. HARRIS: So you, this, you get this information about this P.O. Box, the defendant's explanation, because he calls you at some point in time to tell you about that P.O. Box, correct? FREY: I GERAGOS: Objection. Leading. JUDGE: It is a leading question. HARRIS: Well, let me go back then. Who told you that the defendant had a P.O. Box? FREY: Scott had told me that he had got a P.O. Box number so that, from an earlier conversation, I had asked him when he was away, if I wanted to send him something or letters or nonspecific items, how would I do so. And he said he would get back to me with that. And when he got back with me about that particular conversation and how I would be able to send him something, he came up with a P.O. Box number. And it was in Modesto. And I said Well, how, how was that supposed to reach you to where, you know, wherever you're at, because you're going to be traveling through Europe; I don't understand. And he said that it was through, like, via e-mail, that he would let the postal service know his location and they would ship up or box up his mail and send it to him that way. And it never really quite made sense to me how that would work. HARRIS: And who was it that gave you the specific mailbox address? FREY: Scott Peterson. HARRIS: And the evidence has already shown that that occurred on the 23rd that he obtains that box, so does he tell you, GERAGOS: Objection. Leading. JUDGE: Well, it's preamble to the next question. HARRIS: Q. When does the defendant tell you that he got this post office box? FREY: That's something in my mind that I'm having a hard time narrowing down exactly when it was, if it was on the 23rd or, or after. HARRIS: Now, you, you were then asked a series of questions about when Detective Brocchini and Detective Buehler came down to talk to you. And you were asked about the items that you turned over to them. I don't recall you being asked about photographs. Did you turn over photographs to Detective Buehler and Brocchini on the 30th? FREY: Yes, I did. HARRIS: And is that photograph that we're looking at, 193, one of the photographs that you turned over? FREY: Not initially that morning. I didn't have them at the time. HARRIS: Did you have to go someplace that day with them to pick it up? FREY: Yes, I did. HARRIS: And where was it that you went? FREY: To Rite Aid. HARRIS: So you took the detectives to Rite Aid? FREY: Yes. HARRIS: You get your pictures? FREY: Yes. HARRIS: And you give them to the detectives that day? FREY: Yes. HARRIS: And one of the other things I don't recall you being asked about, did a phone call occur while the detectives were at your house? FREY: Not at, not at my house. HARRIS: Did you receive GERAGOS: Exceeds the scope of cross. JUDGE: Redirect, or cross-examination? GERAGOS: It exceeds, right. JUDGE: I think if you want to go direct into a new area. HARRIS: You were asked about your involvement with the recordings that were made, and I believe the question was asked if you played along. So I want to talk about that. FREY: Okay. HARRIS: On December 30th, when you started making these recordings at the request of the Modesto Police Department, when you were playing along, what were you doing? Can you explain to us what you mean when you were responding to that particular term of playing along? FREY: Continuing the same conversations I had previously with Scott. Just continuing to play along that he was in Europe when I knew that he was not in Europe at the time. HARRIS: Now, when those conversations took place, up until the ones that you were asked about this morning, which is the 6th, 7th, and 8th, did those all take place at the Modesto Police Department? FREY: Yes, they did. HARRIS: The 6th, 7th and 8th. Did the ones from December 30th up to January 6th, did they take place at the Modesto Police Department? FREY: No, they did not. HARRIS: Where did they take place at? FREY: Most of them took place at Doug Sibley's home. HARRIS:. And were there detectives that were there? FREY: No. HARRIS: So when you were having these conversations with defendant, was there a detective feeding you notes about what to say? FREY: No, there was not. HARRIS: So these conversations, were they conversations that you were having with the defendant and it's just pretty much your input? GERAGOS: Objection. Leading. JUDGE: I think so. These phone conversations that you were having, the questions you were asking the, the, were they your own idea? FREY: Well, our conversations that I had with Detective Jon Buehler from, during that time, he would suggest at times possible topics to bring up, but for the most part they were just conversations that were carried on. JUDGE: Okay. But you formulated the questions yourself? They didn't give you FREY: There wasn't anybody with me. Like I said, over the phone Jon would suggest, suggest some things to me on conversations, but nobody was there, per se, giving me papers or saying anything while the conversations were going on. I was by myself with those phone calls. HARRIS: Now, I want to just go back through this a little bit because there was, there was something you started to answer and you didn't get a chance to finish it, which is you were saying something about holding on to the tapes. Now, when you were recording these, you were recording these on audiotapes? FREY: Yes. HARRIS: And did you record one call per tape? Or did you record multiple calls per tape? FREY: In the beginning they were one tapes and then I would take it out, and that became very, a lot more work, so then I, they began, or I began just using the same tape and turning them over, so they were continuous tapes. HARRIS: Now, when you said turning them over, these calls, other than the ones on the 6th, 7th and 8th FREY: Uh-huh. HARRIS: they were taking place someplace out of Modesto? FREY: Yes. HARRIS: Did somebody have to come and pick up these tapes? FREY: From time to time, yes. HARRIS: And who was that? FREY: Jon Buehler. HARRIS: So Detective Buehler would drive from Modesto to wherever you were at and pick up these tapes physically from you? FREY: Yes. HARRIS: So when you were talking about holding on to the tapes, is that what you meant? You were waiting for the detective to come and pick them up? FREY: I'm not recalling what conversation you're talking about specifically. HARRIS: When, when you were being asked yesterday about holding on to the tapes FREY: Uh-huh. HARRIS: did you hold on, you would make a tape? FREY: Right. HARRIS: Did you hold on to that tape until the detective would come and pick it up from you? FREY: Yes. HARRIS: Now, moving on to the 6th, the 7th, and the 8th. FREY: Uh-huh. HARRIS: We heard about that this morning, about how Detective Buehler and Miss Hagan were feeding you these questions, so to speak. FREY: Uh-huh. HARRIS: When you were having these conversations, they were sliding some type of piece of paper in front of you? FREY: Yes. HARRIS: And you were talking with the defendant? FREY: Yes. HARRIS: And did that first, let me just back up through this. There was a number of tapes on the 6th. There was one we talked about in, on direct where there was kind of the planting of the seed where you said you got, received a call from Saki. Was that part of this process where the detectives were giving you some information to try and bring up this part of the conversation? FREY: Yes. HARRIS: And then later after, after the defendant had continued to tell you that he was in Europe GERAGOS: Objection. Leading. JUDGE: Sustained. HARRIS: On the 6th, did the defendant tell you that he was in Europe? FREY: Madrid. HARRIS: In Madrid? FREY: Yes. HARRIS: And one of the latter tapes that were played on the 6th, is that when he then says I think I know why Saki's called? FREY: Yes. HARRIS: Now, you were asked a series of questions about certain particular phone calls. Were there times where you would talk with Detective Buehler and then the defendant would call you after you had your conversations with Detective Buehler? FREY: Yes. HARRIS: If it was late at night and you had a conversation with the defendant, would you always call the detective back? FREY: Most, I can't say always. I believe most of the time would be yes. HARRIS: If you were, if you didn't, because you're saying not always, if you didn't, would you then later turn over the tape? FREY: Yes. HARRIS: And would you always turn over every tape that you made? FREY: Yes. HARRIS: You were asked about looking just at your records, if you saw any calls for the 22nd or 23rd, if I recall correctly? FREY: Uh-huh. HARRIS: So let me go through that. Let me actually just show you your, give you D 5, it looks like O. These are your phone records? FREY: Yes. HARRIS: Looking at that, if you could turn to January, excuse me, February, December 22nd. FREY: Okay. Yes. Okay. HARRIS: Do you see if there were any calls to the defendant on that particular date? Or any calls from the defendant on that date? FREY: It shows that I had made a call to the defendant in the morning. GERAGOS: I'm sorry, I didn't hear the last part. JUDGE: I didn't hear what you said, Mr. Geragos. She said I had made a call to the defendant that morning. FREY: Yes. HARRIS: So in your phone records it shows that you had made a call that morning? FREY: Yes. HARRIS: Now, in the tapes that we listened to, did the defendant tell you that, yes, he had told you that he was out on a duck hunt right before Christmas? FREY: Yes. HARRIS: So obviously there was a conversation that took place around the 23rd and the 24th? FREY: Yes. HARRIS: Now, going through some of the information that counsel was asking you about, what the police were saying to you, and you were saying that there were kind of two things that were going on, and I'm not sure if we ever heard what that was. FREY: Okay. HARRIS: When the detectives were talking to you about their reason for getting your cooperation, and recording these calls, what did they tell you? GERAGOS: Objection. Vague as to time. JUDGE: Can you pin it down? HARRIS: When you first, when you met with the detectives originally, so this was December 30th, and they wanted you to help them record these calls, did they indicate that there were kind of two things that they were looking for? FREY: Yes. HARRIS: What were the two things that they were looking for? FREY: Whether there would be evidence or anything that could, one, either determine that he possibly is guilty of her disappearance, or her innocence. HARRIS: Her innocence? FREY: Or his, his innocence about her disappearance. HARRIS: So when they first meet with you FREY: Uh-huh. HARRIS: they ask you to see what you could do to help them, regardless of which way it goes? FREY: Yes. HARRIS: The, you were asked about this conversation with Dave Giardinelli and his, his wife that was a twin? FREY: Yes. HARRIS: This was a story that you had related to the defendant at some point in time? FREY: Yes. HARRIS: What was, what had you told the defendant about that particular story? What was, what was the conversation? FREY: I had left him a message after learning the information about, that Kelly wasn't dead, and he later called me back, and I explained to him, I said Do you remember my friend Dave that I was telling you about, and about how he had lost his wife? And he said yes, and that I had ran into her, thinking that she was her twin sister, Shelly, and, and she, and she said Well, I'm sure he wished that I was, but no. And I was very shaken up by, by this whole situation that had happened, because he had told me three years prior, when I had ran into him at the Rib House, I had asked where Kelly was, and he said You, you didn't, you didn't hear? I said No, what? And he said Well, you know she had a heart condition, right? And I said Well, yeah. And he said she passed away last February, and, I didn't, I had never heard that, and so I was taken back a little bit by that. And I asked how he was, and he said that he was, you know, getting over it and it's been hard for him. And at that point I hadn't seen him for, I didn't really see him that often, and then I would, later on we became or established a friendship with each other, and he would often talk about, about Kelly and their relationship and, and the doctor bills that he was still paying, and had talked about JUDGE: It's getting to be a narrative. FREY: Okay. Sorry. HARRIS: So you, you were relating this conversation to the defendant? FREY: Yes. HARRIS: after you find out that you run into Kelly and obviously she's not dead? FREY: Right. HARRIS: And what did you relate to the defendant that Kelly had told you the reason that Dave wished, or whatever the comment was about him wanting her to be dead? GERAGOS: Objection. Hearsay as to whatever Kelly's telling him. JUDGE: Well, I'm going to overrule the objection because it explains her conduct. Overruled. You can answer that. What did Kelly tell you? FREY: He, she said that she had, had restraining orders against him, that he was abusive to her in the relationship, and that at that point she, she was afraid of him. HARRIS: Now, the, kind of the last area that you were being asked about was some of the things that the defendant had said to you in terms of the tapes that you heard this morning. So I want to go through this just real briefly. The first tape that we listened to this morning, when you were doing these conversations at the Modesto Police Department, so on the 6th, the 7th, and the 8th, that's the period that we're talking about, when the defendant had called back on the 6th saying I think I know why Saki called, so I want to talk about that particular area, the defendant told you, strike that. Let me try this again, so I'm not leading. When did the defendant tell you that he had his lawyer? FREY: I don't want to guess, so I, I believe in the transcripts, whatever day that is, which I don't recall, I don't, it wasn't the 6th. I believe it was either the 7th or the 8th was the first time. JUDGE: Was it during those three conversations then? FREY: Yes. JUDGE: 6th, 7th, or 8th? FREY: I don't believe it was the 6th. JUDGE: So could have been the 7th or the 8th? FREY: Yes. JUDGE: Go ahead. HARRIS: The last area I believe that you were asked was if the defendant was using his name, taking you out in public places when he was having this relationship with you. So I want to explore that a little bit. Now, you told the detectives, Buehler and Brocchini, when they came down, all the different places that you had gone to. When the detectives met with you on the 30th, did they know, had the defendant told them that you were his girlfriend? FREY: No. HARRIS: So when Mr. Geragos was asking you that question about there was nothing to show that the defendant was hiding his relationship with you, was he hiding it from the Modesto Police Department? FREY: Yes. HARRIS: The People have no other questions.
Recross Examination by Mark Geragos GERAGOS: Ms. Frey, you have a transcript, you've reviewed the transcript of the interview between Brocchini and Buehler and you? FREY: Have I reviewed it? No, I've not seen a transcript. GERAGOS: The one from the 12th, from December 13th? FREY: The one, is it one you showed me? GERAGOS: Yes. Because Mr. Harris was asking you, he said that they told you when they met with you, you were tape recorded the whole time, right? FREY: Yes. GERAGOS: When they came down and interviewed you? FREY: Yes. GERAGOS: This is the transcript of that. You're the one who says specifically: I was like oh, wow, I go vaguely I heard about it, calls me back, he's not ruled out but he's not necessarily a suspect, or I don't know exactly what he said. Do you remember saying that? FREY: Okay. GERAGOS: And then Buehler said Uh-huh, he's a big suspect. And Brocchini said Well, the paper's not saying that. Buehler says That's true, we're not telling them that. Isn't that what they told you? They never said, there's nowhere in this transcript, by the way, this tape recording where they ever said that they were trying to eliminate him. Was that, did they turn the tape off and then tell you We were trying to eliminate him and then turn the tape back on? FREY: There was more conversations than were recorded at that time. GERAGOS: It just so happened that the one portion where they wanted to eliminate him as a suspect didn't get recorded? HARRIS: Objection. Argumentative. JUDGE: Sustained. GERAGOS: Well, the, specifically you also went back on the 25th of January, to Modesto PD, and made some more phone calls with their supervision, didn't you? FREY: I'm sorry? GERAGOS: On the 25th did you go back to Modesto PD and make some more phone calls? FREY: I don't recall. They weren't specific, I, I don't know how to answer that question. GERAGOS: Well, let me show you a report FREY: Okay. GERAGOS: by Detective Owen, which looks like that you showed up at the police department and then made calls at 3:22, 3:41, 3:53, 4:16. Does that refresh your recollection? FREY: Let me see. Yes. GERAGOS: That does refresh your recollection? FREY: Yes, it does. GERAGOS: Okay. So you went back after the 6th, 7th and 8th and made some more supervised calls by the Modesto PD, correct? FREY: No. GERAGOS: Well, those weren't supervised when you were at Modesto PD? FREY: They were supervised calls, yes. GERAGOS: At Modesto PD? FREY: Yes. GERAGOS: Okay. Now, this picture here that's up on the board, 193 F, you did not have this picture on the 30th when the officers came to your house, correct? FREY: Correct. GERAGOS: You went to Rite Aid to get the photo, correct? FREY: Yes. GERAGOS: And when you went to Rite Aid to get the photo, did they give you double prints? Did you pick up the negatives along with the photos. FREY: Yes. GERAGOS: Did you turn all of those over to the Modesto PD? FREY: Yes, I did. GERAGOS: Did you keep them? FREY: The negatives? GERAGOS: Yeah. FREY: And the other photos? Yes. GERAGOS: Okay. Did you give those negatives and photos to anybody? FREY: Yes. GERAGOS: Who did you give them to? FREY: I gave them to my father to, to hold in a safety deposit box, because I, along with other items. I was afraid somebody would break into my house and take things. GERAGOS: Okay. When did you do that? FREY: I don't recall the exact date. GERAGOS: Before May? FREY: Yes. GERAGOS: Okay. And was he the only one who was given those photos? FREY: Aside from the police department? GERAGOS: Yes. FREY: Yes. GERAGOS: Did you later see that photo somewhere? FREY: Yes. GERAGOS: On the cover of the National Enquirer? FREY: Yes. GERAGOS: Okay. Did, was it your, did you give it to the National Enquirer? FREY: No, I did not. GERAGOS: Okay. Did your father? FREY: I don't know. GERAGOS: Did the police? FREY: I don't know. GERAGOS: Is the picture that's on the cover of the National Enquirer, the May 13th, 2000 and 3 issue, is that the same picture? FREY: Yes. GERAGOS: Okay. And as far as you know, you weren't the one who gave it to them, correct? FREY: Correct. GERAGOS: And the only two people that you knew of who had those pictures were your dad and the Modesto police, correct? FREY: Correct. GERAGOS: Okay. The, and you never received any money for those photos or selling that photo; is that correct? FREY: No, I did not. GERAGOS: And, as far as you know, your father didn't? FREY: Yes. GERAGOS: All right. Have you talked to your father about whether or not he turned the photo over to the National Enquirer? HARRIS: Objection. Hearsay. GERAGOS: I asked if she talked. JUDGE: Yeah, but the answer is going to be hearsay. Did you talk to your father about it? Just if you had a conversation about it? FREY: Yes. JUDGE: Okay. GERAGOS: Okay. Is that, I would assume that happened after you saw the cover of the National Enquirer with that photo on there? FREY: Yes. GERAGOS: The... JUDGE: I don't want to squeeze you, Mr. Geragos. Is this going to take – GERAGOS: Just one, just one question, Judge. Let me see if I can . . . The, the 2:04 call that Mr. Harris asked you about from Richard Byrd on the 29th? FREY: Yes. GERAGOS: And did you, did you see Mr. Byrd after that? FREY: Yes. GERAGOS: That evening? FREY: I believe so, later, or early morning, yes. GERAGOS: Early morning. He left before the police arrived; is that correct? FREY: He was never GERAGOS: The police arrived at 11:00 o'clock? FREY: Right. Yes. He had already GERAGOS: And he called you on his phone at 2:00 o'clock? FREY: Yes. GERAGOS: And between 2:00 o'clock, when he calls you on the phone, and 11:00 o'clock when you meet the police, do you see Richard Byrd? FREY: I believe so, yes. GERAGOS: Where, where do you believe you see him? FREY: Out at Doug Sibley's home. GERAGOS: Okay. What does Doug Sibley do for a living? FREY: I don't know. GERAGOS: Is he in construction? FREY: I believe he's some type of developer, actually. I don't know his specific title and what he does. GERAGOS: And that's Shawn Sibley's uncle? FREY: Yes. GERAGOS: May I have just one moment, your Honor? JUDGE: Yes. (Pause in proceedings> GERAGOS: Thank you. No further questions. JUDGE: All right. May this witness be excused? HARRIS: No additional questions. No objection. JUDGE: Ms. Amber, Miss Frey, Miss Frey, thank you very much. You're excused for now, but that means you may have to come back. FREY: I understand. |