Witness for the People: Guilt Phase
September 8, 2004
Direct Examination by Rick Distaso
DISTASO: Ms. Guptill, do you live in the La Loma area of Modesto?
DISTASO: Okay. That's by the Dry Creek Park?
DISTASO: And during the month of December of 2000 and 2, were you pregnant?
DISTASO: And how far along were you?
GUPTILL: About five months.
DISTASO: Let me show you a picture. Judge, this is going to be 225.
JUDGE: All right.
DISTASO: And we can make it 225 A and B.
JUDGE: Okay. So two photographs. 225 A, 225 B.
DISTASO: One's a map.
JUDGE: All right.
DISTASO: And let me just show you this picture of 225 A. Who is that?
GUPTILL: That's me, my father and my oldest son.
DISTASO: Okay. And that was taken when?
GUPTILL: November, 2002.
DISTASO: During the month of December of 2002, would you walk in your neighborhood around by the park area?
DISTASO: Let me show you 225 B. And there's a little map there.
DISTASO: Does that map accurately reflect the route that you would take kind of throughout the neighborhood?
DISTASO: Okay. And do you -- do you know as you sit here today whether or not you walked on December 24th of 2002?
DISTASO: Okay. What do you do for a living?
GUPTILL: I teach.
DISTASO: Were you on Christmas vacation -- was there a Christmas vacation during the month of December of 2002?
DISTASO: Okay. And were you walking in the neighborhood during your vacation time?
DISTASO: And when you would go for these walks, who would you normally walk with, if anybody?
GUPTILL: I push a stroller with my son in it.
GUPTILL: Or walk by myself.
DISTASO: All right. And you -- I can't remember, do you have a dog? Or you don't?
GUPTILL: I don't.
DISTASO: Okay. Let me just show these pictures real quick. And that's a picture of how you looked in November of 2002?
DISTASO: Okay. And is this a map of the -- the -- is that the route or the areas where you would walk in the neighborhood?
DISTASO: Okay. Nothing further, your Honor.
Cross Examination by Mark Geragos
GERAGOS: Good afternoon.
GUPTILL: Good afternoon.
GERAGOS: You don't have a dog?
GERAGOS: You do not have a dog?
GUPTILL: I do not.
GERAGOS: You normally would go in the stroller, this stroller that's here?
GERAGOS: Different stroller?
GUPTILL: A jogging stroller.
GERAGOS: Okay. Does your jogging stroller look like this during the summer
GERAGOS: It doesn't look like a dog, does it?
GERAGOS: Okay. The -- when you -- look like on this map, you drew this map?
GERAGOS: Who drew the map?
GUPTILL: Who traced it? Oh, I traced -- I traced the line. I did -- I did the highlighting.
GERAGOS: Okay. And how about that, where it says: Weekends, holidays, eight to nine a.m., what does that mean?
GUPTILL: I didn't write that.
GERAGOS: Is that something you said?
GUPTILL: Where are you looking? On the bottom? On the right? In the middle?
GERAGOS: "Most frequent route," in the middle?
GUPTILL: Most frequent route and zigzag through residential streets. Weekends, holidays, eight to nine, after 4:00 p.m. on work days.
GERAGOS: Do you know what that means?
GUPTILL: Yeah. Do you see the shorter streets that are going vertically?
GUPTILL: Zigzag would be like a switchback through those streets.
GERAGOS: Okay. Maybe I didn't make myself clear. Did you tell the -- you were interviewed in June, June 26th; is that correct?
GERAGOS: You have to say yes for --
GERAGOS: Okay. When you were interviewed, did you tell the officers that when you walk, you walk in the afternoons, at 4:00 o'clock every other day?
GERAGOS: And that when you walked on vacation days it's between eight and nine?
GERAGOS: Okay. And when they asked you if you walked on the 24th of December, you told them no; isn't that correct? That you didn't recall whether you walked?
GUPTILL: I said I didn't know.
GERAGOS: You said you did not?
GUPTILL: I did not know.
GERAGOS: Okay. And you didn't borrow anybody's Golden Retriever on the 24th, did you?
GERAGOS: Thank you. I have no further questions.