Elizabeth Guptill


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.

GUPTILL:   Uh-huh.

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.

DISTASO:   Okay.

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?

GUPTILL:   Pardon?

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?

GERAGOS:   Yeah.

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?

GUPTILL:   Uh-huh.

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.