Jill Henry

Witness for the People:  Guilt Phase

September 2, 2004

Direct Examination by Rick Distaso

DISTASO: Agent Henry, I just have a couple quick questions for you. You were part of the surveillance of Mr. Peterson from the Stanislaus County drug enforcement unit?

HENRY: Yes.

DISTASO: And were you part of the surveillance in the morning of January 11th?

HENRY: Yes, I was.

DISTASO: And how is it that you were involved in the surveillance?

HENRY: I was monitoring the camera that was viewing the front of the Peterson house on Covena.

DISTASO: Did you see Mr. Peterson's Land Rover present at the house?

HENRY: A green Land Rover in the driveway.

DISTASO: Okay. Is that yes?

HENRY: Yes.

DISTASO: Okay. Did you see Mr. Peterson sometime that morning come out and examine the Land Rover in some fashion?

HENRY: Yes.

DISTASO: Tell the jury what he did.

HENRY: Walked out of the gate in front of the house, went out to the driveway and walked around the Land Rover, looked underneath it. Crouched down like he was looking for something underneath the different parts of the vehicle.

DISTASO: And after he did that, where did he go?

HENRY: He went back into the house.

DISTASO: And then from the camera, could you see him leave in the silver Saturn?

HENRY: No, I don't believe so.

DISTASO: Okay. So the camera view that you saw was just on the Land Rover

HENRY: Yes.

DISTASO: in front of the house?

HENRY: Yes.

DISTASO: Nothing further, your Honor.

Cross Examination by Mark Geragos

GERAGOS: Did you ever see the, good morning.

HENRY: Good morning.

GERAGOS: The, did you ever work in the wire room?

HENRY: Yes.

GERAGOS: Okay. Do you know that on the 12th he, Mr. Peterson had a conversation with Sharon Rocha about the Land Rover?

DISTASO: Objection, your Honor.

HENRY: I was,

DISTASO: Goes beyond the scope.

GERAGOS: Well, it goes directly to what she says, as if he was looking for something.

JUDGE: Yes. Overruled.

GERAGOS: Did you see that on the 12th he had a conversation with Sharon Rocha?

HENRY: During this portion of the investigation I was on surveillance. It was not until later that I worked in the wire room.

GERAGOS: Okay. Would you take a look at the yellow highlighted portion. That's on 212,

JUDGE: Let me ask you, on the 12th you weren't aware of any conversations between the defendant and Sharon Rocha?

HENRY: Correct.

GERAGOS: I'm asking if subsequently she learned. That's why I'm going to ask her to read it.

JUDGE: All right. Go ahead.

GERAGOS: I know it's very small.

HENRY: No.

GERAGOS: Okay. So you were not aware at any time of a conversation he had the very next day with Sharon Rocha about the fact that the car had been, the Land Rover had been torn up?

HENRY: Not that conversation.

GERAGOS: Okay. And when you saw him come out on the morning of the 11th, what time was that?

HENRY: Before 8:00 o'clock in the morning.

GERAGOS: Okay. And then where, where did he go once you saw him look at the car? Did you follow him?

HENRY: I was involved in the surveillance later, but I didn't, I had to catch up to it.

GERAGOS: May I have just one moment? <pause> The, when you said as he was looking underneath the car, was it the front or the back?

HENRY: Both. He walked around it.

GERAGOS: And when he walked behind it, did you notice if, did he get into the car and then drive it?

HENRY: No.

GERAGOS: Thank you. I have no further questions.

DISTASO: No further questions based on that.

JUDGE: Okay, Agent Henry. Thank you very much. You may be excused.