|
Amie Rachel Krigbaum
Preliminary Hearing November 13, 2003
Direct Examination by Rick Distaso DISTASO: Ma'am, would you state your full name, spell your last name for the record? KRIGBAUM: Amy Rachael Krigbaum, K-R-I-G-B-A-U-M. DISTASO: And on December 24th -- or let me just ask you this: During the month of December, 2002, did you live across the street from a residence located at 523 Covena Avenue? KRIGBAUM: Yes. DISTASO: And do you know the people who lived there during that month? KRIGBAUM: The Petersons. DISTASO: And was that Laci and Scott Peterson? KRIGBAUM: Yes, Laci and Scott Peterson. DISTASO: Just for the record, do you recognize Mr. Peterson as he sits here at the end of the defense table? KRIGBAUM: Yes. DISTASO: If you could, just taking a look at this diagram, People's 80, do you -- I don't know what happened to that pen. Hold on one second, Your Honor. I've got to track down this pen. BAILIFF: This is it. DISTASO: Oh, thanks. DISTASO: Do you recognize that diagram just as a rough, kind of, schematic of 523 Covena? KRIGBAUM: Yes. DISTASO: Can you write just somewhere in this diagram, it's not to scale, but just so we have some idea, can you just write "A" or "Krigbaum home" or something like that, "Amy's home?" Whatever you want. KRIGBAUM: This go with me? DISTASO: Yeah, you could probably take that with you. Just write on there where approximately it would be. KRIGBAUM: I would say their house sits off to the left, so (indicates) -- DISTASO: Okay. So it's across the street, and as you're looking at the house, it's a little to the right? KRIGBAUM: Yes. DISTASO: All right. Go ahead and have a seat. Thanks. On December 24th of 2002, did you notice -- or were you home that day? KRIGBAUM: Yes. DISTASO: And were you home the entire day? KRIGBAUM: No. DISTASO: Okay. What -- when did you leave your home? KRIGBAUM: 12:30, 1:00-ish. DISTASO: And then when did you return again? KRIGBAUM: It was probably 4:15, 4:30. DISTASO: Okay. So I take it, then, you were home from the early morning hours until at least 12:30 or 1 o'clock on the 24th? KRIGBAUM: Yes. DISTASO: During the morning hours, say, from 9 o'clock to 10:30, did you go outside your home at all? KRIGBAUM: No. I was sleeping. DISTASO: Okay. What time did you wake up that day? KRIGBAUM: 10:30. DISTASO: All right. At that time, when you woke up, did you go right outside? KRIGBAUM: I believe I did, because I had to take my dog out to go to the restroom, so -- DISTASO: Okay. Did you take him out the front yard or backyard? KRIGBAUM: Front yard. DISTASO: Did you notice at 10:30, did you notice anything unusual about the Petersons' home at 523 Covena? KRIGBAUM: No. Everything was quiet in the neighborhood. Laci's car was in the driveway, and their shades were down, and it seemed like no neighbors were out that day for some reason. DISTASO: All right. At 10:30 when you took your dog out, how long were you outside? KRIGBAUM: Maybe a couple minutes. DISTASO: And while the time you were out there, did you see -- let me ask you this: Are you familiar with Laci and Scott's dog? KRIGBAUM: I've seen it, yeah. DISTASO: Okay. So, I mean, you know it's a Golden Retriever? KRIGBAUM: Yes. Uh-huh. DISTASO: All right. When -- did you see that dog outside at all in the front yard or front area at 10:30? KRIGBAUM: No. DISTASO: Did you see Karen Servas at all when you went out at 10:30? KRIGBAUM: No. DISTASO: And do you know who Karen Servas is? KRIGBAUM: Yes. DISTASO: And if you look at that diagram, you'll see a thing called Servas' home? KRIGBAUM: Uh-huh. DISTASO: Are you familiar with her home being in about that location? KRIGBAUM: Yes. DISTASO: And how long have you lived across the street from 523 Covena? KRIGBAUM: Probably two and a half years. DISTASO: All right. Let me ask you, so in December, 2002, that would have been, what, around one and a half years or two years? KRIGBAUM: Yes. Yes. One and a half, something like that. DISTASO: Did -- did you live at your home across the street there the entire time that the Petersons lived at 523 Covena? KRIGBAUM: They moved in before I had moved in, so -- DISTASO: Okay. And while -- or in the -- do you remember -- let's do it this way: What year or -- yeah, what year was it and month, if you remember, when you moved in across the street to your home? KRIGBAUM: You know, I don't know the exact month. I do not know. DISTASO: Okay. No problem. KRIGBAUM: Yeah. DISTASO: When you -- so in December, 2002, you say you think you lived there about a year and a half? KRIGBAUM: Yes. DISTASO: In the time that you were -- lived there, were you familiar at all with -- with kind of the Petersons' habits, or either one of them, either Mr. Peterson, Scott Peterson, or Laci Peterson's habit regarding opening or lowering the blinds in their house? McALLISTER: I'm going to object to that as compound and ambiguous. JUDGE: Overruled. DISTASO: Were you familiar with whether or not these people across the street opened or closed their blinds on a regular basis? KRIGBAUM: Well, when the blinds were open, the house looked lived in. When they were down, it looked like no one was home. It just looked like no movement. So -- DISTASO: Okay. KRIGBAUM: I always saw Laci coming in the side gate bringing groceries and with the dog or there mowing the lawn, so -- McALLISTER: I'll object to that. Nonresponsive. JUDGE: Sustained. DISTASO: The -- I'm really only specifically asking you about the blinds. If you're familiar with them, fine. If you're not, tell me. KRIGBAUM: Yeah. DISTASO: But are you familiar with kind of what the practice was of these people across the street from you -- KRIGBAUM: Uh-huh. DISTASO: -- opening and closing their blinds throughout the day? KRIGBAUM: They would open them. I would see them open. McALLISTER: I would object to this as lack of foundation. JUDGE: Wait a minute. I'm sorry? McALLISTER: Lack of foundation. JUDGE: Overruled. You can answer that yes or no, please. KRIGBAUM: Yes, I would see the blinds open. I don't know that they did it every day, but I would see the blinds open pretty much on a regular basis. We'd open our blinds, we'd look across the street, and they'd have their blinds open, they would only be open, like, so much (indicates). They wouldn't be open all the way. DISTASO: Let me stop you. When you say "open so much," you kind of made a hand thing. Can you give me some estimate for the record how big? KRIGBAUM: Yes. I'd see them open like this much (indicates). DISTASO: All right. So what's that? 18 inches? 12 inches? KRIGBAUM: Yeah, 12 inches (indicates). DISTASO: Okay. And if you could, just take that red marker and put on -- put on that diagram -- just draw in there where the blinds -- the blinds we're talking about, the ones that you can see from your house, where they would be. And just write -- just draw a little line right there, write "blinds." (Whereupon, the Reporter changed stenographic diskettes.) DISTASO: Okay. We're ready to go? JUDGE: Yes. DISTASO: Okay. Just for the record, you put two little red lines on there, right, you wrote the word "blinds"? KRIGBAUM: Yes. DISTASO: On People's 80? KRIGBAUM: Yes. DISTASO: Okay. And on the 24th of December, 2002, did you notice whether or not the blinds were ever opened at all during that day? KRIGBAUM: No. They did -- they were not open. DISTASO: So you did notice that? KRIGBAUM: Yes, I did notice. DISTASO: And they weren't open? KRIGBAUM: No. DISTASO: All right. Did -- at some point in that day, did you -- were you made aware that there was some problem at the Peterson home? KRIGBAUM: Just when Scott had come to the house and asked if I had seen Laci that evening. DISTASO: Okay. Do you remember what time that was? KRIGBAUM: 5:30-ish. DISTASO: Okay. You said 5:30-ish? KRIGBAUM: Yes. DISTASO: Are you just kind of giving me a guesstimate? KRIGBAUM: Yeah. DISTASO: All right. That's fine. And what -- what were you doing at that time? KRIGBAUM: Actually, getting ready to have family over for dinner. DISTASO: And so the defendant came over to your house? KRIGBAUM: Yes. DISTASO: So -- KRIGBAUM: We were cooking. DISTASO: Okay. You were cooking. Did you see him come up? KRIGBAUM: No. DISTASO: And, what, he rang the doorbell? KRIGBAUM: Yes. DISTASO: And what happened next? KRIGBAUM: I answered the door, and he asked if I had seen Laci, and I told him no. I thought that they were out of town, because the shades had not been up all day. I had seen no movement. I don't know. That's pretty much what I told him. DISTASO: Okay. And what -- did he say anything else at that time? I mean -- let me just ask you this: Did he tell you what he had been doing all day? KRIGBAUM: He had said that he was golfing all day, and that he had tried to call her all day, so -- DISTASO: And what did you tell him? KRIGBAUM: Like I said, I -- I hadn't seen any movement at all in the neighborhood. I told him that the blinds hadn't been up. And I told him that I saw the Christmas lights come on at like 4:30-ish, right before I had to go back to the store. So, actually, I probably got home at like 4:15, so -- I had to go back to the store because I had forgotten something, so I saw the lights come on right before I went to the store, and -- DISTASO: Okay. KRIGBAUM: -- only her car was there, so -- DISTASO: Okay. KRIGBAUM: I didn't know if she was going to be alone -- we had talked about it, my wife and I, "Well, is she gonna be home alone for Christmas?" I'd noticed the lights came on. So that's what I told him. The lights came on, so I didn't know if she was there or not. DISTASO: Okay. And who -- who else was at the home? KRIGBAUM: At my home? McALLISTER: Ambiguous. Whose home? DISTASO: I'm sorry. Right. DISTASO: Who else was at your home that night? KRIGBAUM: Our son, Michael, Tara's son, and then Tara, Tara Venable. DISTASO: Okay. And -- KRIGBAUM: And I had family come over after, after he had come over so -- because family, they were on their way over pretty much, so -- DISTASO: All right. Well, let me stop you. So after the defendant came over to your house and you had this conversation with him, then he left? KRIGBAUM: Uh-huh. DISTASO: Is that right? KRIGBAUM: Yes. DISTASO: And then subsequently more family -- family came to your house? KRIGBAUM: Yes. My dad. DISTASO: For Christmas Eve dinner or something? KRIGBAUM: Yes. DISTASO: Okay. And then -- and then I take it police and a number of other people came to the house across the street, right? KRIGBAUM: Yeah. We ended up going to the park first, because we went down there and gave Sharon a light, and then -- DISTASO: Okay. Let me stop you. Just when you said Sharon, you pointed. Are you talking about Sharon Rocha? KRIGBAUM: Yes. DISTASO: All right. Go ahead. KRIGBAUM: We went down, and we had a flashlight, and we ended up giving her a flashlight, and then she had asked us to help. So I went back up, took my dad back, because he can't walk very well, and I got Tara, and we came back down to the park, because everybody was meeting down there, and they were trying to get -- give everybody direction to scan the park and walk a certain way and search it the right way, if we were gonna do it. And then everybody just ended up doing it completely wrong, it seemed like, and we ended up being down there alone searching one side, so -- DISTASO: All right. Let me stop you. So you and Tara were down by yourself? KRIGBAUM: Yeah. Well, after -- after everybody ended up splitting and leaving us during the search, so -- DISTASO: Okay. And it was just the two of you down there? KRIGBAUM: Yeah. At the end, yes. DISTASO: And what about Michael? KRIGBAUM: Michael was at the house with my dad. DISTASO: All right. And then what happened next then? You said everybody kind of split up. What happened next? KRIGBAUM: We came back to the house, and everybody was in front of the Peterson house, and the police were there, so -- DISTASO: While you were down at the park and it was just you and Tara, did you see the defendant at all? KRIGBAUM: Yeah. He was in front of -- we ended up -- we were walking, and there were people out scattered, and then we ended up -- he was maybe from here to you from us -- DISTASO: Okay. So, what, is that about 15 feet? KRIGBAUM: Maybe, if that. DISTASO: Okay. KRIGBAUM: Then Tara and I were talking and like, just kind of like going over the situation, because it was kind of un -- unreal, unbelievable. So we were talking about it. And then he was standing there, and then he had a flashlight, and then he stopped and ended up walking with us -- uhm -- DISTASO: Okay. Let me stop you. When you keep saying "he," you're talking about Scott Peterson, the defendant? KRIGBAUM: Yeah. DISTASO: Go ahead. KRIGBAUM: And then he walked with us for a short distance, and then we -- I don't know where exactly he went, if he -- I think he went back to the house. They had called everybody back to the house. And then we ended up -- we kept walking. And we didn't know everybody was going back to the house. We just didn't know if he was going back to the house. Because the police were at the house, and they were asking -- DISTASO: Okay. Let me stop you. While you were -- how long -- you said you ended up walking with the defendant for some period? KRIGBAUM: Maybe like a minute or two, if that. I don't -- I don't even know how long it was. DISTASO: Okay. Did you ask him about the situation, what was going on? KRIGBAUM: I did. But I don't think -- I asked him so many questions at once that he didn't really have time to answer. I was like -- I don't even remember exactly what I asked him. I was like, you know, "Did you call" -- I mean, I don't -- my adrenaline was rushing, because I was so nervous for him. I felt so bad. I couldn't imagine myself in that situation, so -- DISTASO: Okay. And did he make any response to you to any of these questions that you can remember? KRIGBAUM: I don't recall. I don't know. DISTASO: Okay. Nothing further, Your Honor.
Cross Examination by Kirk McAllister JUDGE: Mr. McAllister? McALLISTER: Thank you, Your Honor. McALLISTER: This, obviously, was a very upsetting situation that you found yourself actually involved in if you're searching the park. KRIGBAUM: Oh, yes. McALLISTER: A couple -- I wrote down a couple of the words. You said "unbelievable," "unreal." I mean, you're getting ready to have Christmas dinner with your family, and all of a sudden you're out at a park searching for a missing person who is actually someone you know, if -- KRIGBAUM: Yeah. McALLISTER: -- if maybe only slightly. Was it pretty upsetting? KRIGBAUM: Oh, yes. McALLISTER: I mean, to you? KRIGBAUM: Oh, yes. McALLISTER: And as you -- you gave us an impression of just questions kind of gushing out of you, and you said that Scott didn't answer them, but you had question on question, apparently. KRIGBAUM: Uh-huh. McALLISTER: Is that kind of a -- does that kind of give us a window into your mental state at that point? KRIGBAUM: Yes, I was -- McALLISTER: Pretty excited? KRIGBAUM: -- I was -- I was nervous for him, so -- McALLISTER: Did he seem -- did he seem pretty upset? KRIGBAUM: Yeah. When he came to the front door, he seemed distraught, yes. McALLISTER: How did you -- and you've seen him before, right? KRIGBAUM: Uh-huh. McALLISTER: How would you -- how did you know he was distraught? KRIGBAUM: I don't know. You can just tell someone's distraught, when they have adrenaline going through them and they're scared or, you know, anxious, you can tell, and you kind of feed off that, so that's how -- McALLISTER: And you never -- you hadn't seen him in that state before? KRIGBAUM: No. McALLISTER: Now, had you had a lot of social contact with the Petersons? KRIGBAUM: No. Just, just neighborly social contact. McALLISTER: Right. I mean, you knew them to say hello to? KRIGBAUM: Yes. McALLISTER: But, for instance, had you ever socialized with them in their home? KRIGBAUM: No. McALLISTER: Or vice versa? KRIGBAUM: No. McALLISTER: So, I mean, you were friendly with them? KRIGBAUM: Yes. McALLISTER: There wasn't any -- KRIGBAUM: They've only come into the yard, and that's it. McALLISTER: Okay. There wasn't ever any unfriendliness -- KRIGBAUM: No. McALLISTER: -- with your relationship either with Scott or with Laci, right? KRIGBAUM: No. No. McALLISTER: But you wouldn't describe yourself as, you know, close friends who maybe -- KRIGBAUM: No. McALLISTER: -- called each other all the time or anything like that? KRIGBAUM: No, I didn't know their phone number, and they didn't know ours, so -- McALLISTER: Well, that tells us something. Now, you had described this -- you work nights, right? KRIGBAUM: It switched. I work days and nights. My schedule flip-flopped during the same weeks sometimes, so -- McALLISTER: Pardon me. It wasn't unusual that you would be waking up at 10:30 in the morning? KRIGBAUM: No. McALLISTER: Because you -- because you often worked nights? KRIGBAUM: Yes. Sometimes, yes. Sometimes I'd wake up at 2:00 in the morning. McALLISTER: Okay. And when you awakened this particular morning, do you remember what it was that woke you up? KRIGBAUM: Sage, the dog right next door, and another dog. But I didn't know which dog it was. It was a -- we know all the dogs' barks in the neighborhood. They're pretty familiar. McALLISTER: And you've got a dog? KRIGBAUM: And we have a dog with a distinct bark, I might add. McALLISTER: And so when Sage went off, did your dog also start barking? KRIGBAUM: No. McALLISTER: Okay. But at least it woke you up? KRIGBAUM: Yes. It's right by my bedroom. McALLISTER: Okay. And was that a dog -- which side of your -- your house really doesn't show here, but it would be farther -- the next house towards the park, or would it be the house away from the -- KRIGBAUM: My house is directly in front of their house. Their house is set off to the left a little bit from our house, so -- McALLISTER: Where the Sage dog was -- KRIGBAUM: Oh, Sage is directly next to us -- McALLISTER: Okay. You indicated to the right hand -- KRIGBAUM: Right. McALLISTER: Towards the park? KRIGBAUM: Yes. McALLISTER: So, then, you heard that dog, you got up, and then you took your dog out for its constitutional? KRIGBAUM: Yes. McALLISTER: Do you remember the first time that you were asked a question about what time that was by an officer? KRIGBAUM: The Christmas morning, I believe. McALLISTER: Okay. Do you remember telling that officer that it was 10:38 in the morning? KRIGBAUM: Yes, I do, 10:30 -- I think that's what time I said I got up. It was 10:30-ish, we heard the dog barking, and I was like out probably taking my dog within minutes to go outside. McALLISTER: Okay. So I mean 10:38 is a pretty specific time. KRIGBAUM: Yeah. McALLISTER: Was that -- was that your best estimate at that -- KRIGBAUM: At that point, probably. McALLISTER: -- point? KRIGBAUM: It's been a while, so -- McALLISTER: That's pretty close in time to when it happened, right? KRIGBAUM: When the dogs bark -- well, that's what -- if that's what I said then, I don't -- 10:38, yeah. It's been a while. So my memory was probably a little bit better then, so -- McALLISTER: Well, that's fine. But when you did tell them 10:38 -- KRIGBAUM: Yeah, 10:38. McALLISTER: -- a specific time, without saying 10:30-ish -- KRIGBAUM: Yeah. McALLISTER: -- 10:38 would have been your best recollection back then, probably, when you went outside? KRIGBAUM: I would imagine, yes. JUDGE: You said -- McALLISTER: At that point -- JUDGE: Wait a minute. You said 10:30-ish, right, not 10:38? McALLISTER: 10:38. KRIGBAUM: Yes, within minutes I have to take my dog out to the restroom when I get up. I don't want to make her hold herself. JUDGE: To clarify, before the -- did you say 10:30-ish versus 10:38 or -- KRIGBAUM: If -- I probably said -- I think I did say 10:38. I remember saying that, you know. But it's been a while. So that's why I said 10:30-ish I got up, so -- I don't -- I'm not normally, like, "10:38, I'm up now," you know. It's kind of -- you know, I'm not being sarcastic, I'm just saying -- McALLISTER: Well, at any rate, when you talked to -- do you know who Detective Brocchini is? Did you ever -- KRIGBAUM: Yes. McALLISTER: Okay. When you talked to him, you said 10:38 -- KRIGBAUM: Yes. McALLISTER: -- as your best estimate of when you got up. At that point, I think you told us, you do not see -- did you actually go out the front? KRIGBAUM: Yes. McALLISTER: So you're out in the front, and you can see the neighborhood at that point? KRIGBAUM: Uh-huh. McALLISTER: You do not see Karen Servas, -- KRIGBAUM: No. McALLISTER: -- correct? You do not see the Petersons' dog? KRIGBAUM: No. McALLISTER: Have you -- do you know their dog? Have you seen it? KRIGBAUM: Yes. McALLISTER: It's a Golden Retriever? KRIGBAUM: Uh-huh. McALLISTER: So it's not -- you don't see it when you go out. And you were only out a couple minutes and then went back in? KRIGBAUM: Uh-huh. McALLISTER: Now, and you were asked some questions about these shades, and that would be on the front portion of the house attached to the -- we're calling it a converted garage. KRIGBAUM: Uh-huh. McALLISTER: Your hours, as you've told us, change so that you're -- you were coming home to work sometimes, what, in the later morning hours, if you go to work at 2:00? KRIGBAUM: It varies. Sometimes I come home 4:00, 5:00 in the morning. Sometimes I would come home -- it varied. Sometimes I'd be done by 1:00, 1:00 in the afternoon. It just depends on what the schedule was. I was a fire inspector, so seems they made a great schedule for me. McALLISTER: Okay. So with the changes in those schedules, you were not in a position to say the exact habits every day of the Petersons in opening or closing their blinds, would that be an accurate statement, in the mornings? KRIGBAUM: Exactly? McALLISTER: Yeah. KRIGBAUM: I don't know exactly what they did every day. McALLISTER: Yeah. KRIGBAUM: I only know what I exactly do every day. But I saw their blinds open on a regular basis, so -- McALLISTER: Okay. And sometimes you were not there in the early morning hours because you would still be at work -- KRIGBAUM: Correct. McALLISTER: -- to know if their blinds were up or down, right? KRIGBAUM: Uh-huh. McALLISTER: And was it -- from what you were saying, was it Laci Peterson's practice to close the blinds when she was leaving for some period of time? KRIGBAUM: I do not know that. McALLISTER: You don't know that? KRIGBAUM: No. McALLISTER: Okay. And correct me if I'm wrong, but you're not the kind of nosey neighbor who makes the practice of knowing the comings and goings and habits and customs of each of the neighbors in the neighborhood -- KRIGBAUM: No. McALLISTER: -- is that an accurate statement? KRIGBAUM: That's accurate. I just knew -- their house is in my plain view -- McALLISTER: Sure. KRIGBAUM: -- so, you know, when I saw both their cars there or them outside, you know -- I do the dishes, and I see their house. McALLISTER: Right. Can't miss -- KRIGBAUM: So I do the dishes a lot. I like to eat a lot. So -- McALLISTER: But then at a later time -- and when you're -- you'd take the dog out, Laci Peterson's Land Rover was there? KRIGBAUM: Yes. McALLISTER: But Scott's pickup truck was not? KRIGBAUM: No. McALLISTER: Is that correct? KRIGBAUM: That's correct. McALLISTER: When you -- later in the day -- and you were doing -- you were going in and out after 12:30-ish, you were going, doing errands, Christmas-Eve-type errands, right? KRIGBAUM: Uh-huh. McALLISTER: Market, various things? KRIGBAUM: Yeah. McALLISTER: And then you got home later in the afternoon sometime after 4:00. KRIGBAUM: Uh-huh. McALLISTER: And at some point after 4:00 you happened to notice the Christmas lights on? KRIGBAUM: Yes. McALLISTER: Now, what lights were those? KRIGBAUM: On the house. Christmas lights on the house. McALLISTER: Hanging, like on the -- KRIGBAUM: The ice -- yeah, they're like the icicles hanging. McALLISTER: Okay. And those -- they -- the electric lights were on? KRIGBAUM: Yes, they came on. McALLISTER: And you had not seen them on -- KRIGBAUM: They were not on. McALLISTER: They were not on earlier in the day? KRIGBAUM: No. McALLISTER: So the lights, the Christmas lights are on. Could you tell if there were any other interior lights on shining through the shades or anything like that? KRIGBAUM: I could not tell. McALLISTER: Okay. But when you noticed that, was Scott Peterson's pickup there? KRIGBAUM: No. McALLISTER: So the lights are on, but his pickup is -- we could say still gone, because you haven't seen it -- your comings and goings, you never did see the pickup until a later time after 4:00 -- KRIGBAUM: Uh-huh. McALLISTER: -- would that be accurate? KRIGBAUM: Until I went to the store and came back and then his truck was there. McALLISTER: Okay. And then it was shortly after that that he came over to ask you about Laci? KRIGBAUM: Uh-huh. McALLISTER: Now, the -- he was asking you what you had seen that day or if you had seen anything? KRIGBAUM: Yes. McALLISTER: And you answered -- the focus in that conversation was not what Scott did that day, but, rather, if -- where Laci was? KRIGBAUM: Right. McALLISTER: Had you ever seen Scott go golfing? KRIGBAUM: No. I never noticed him with any clubs. McALLISTER: Okay. But did you know from just your passing acquaintance with your neighbors that he did golf? KRIGBAUM: No, I did not know. McALLISTER: And had -- was there any extensive conversation about what he had been doing that day or was the focus on Laci? KRIGBAUM: Well, I had asked him -- I don't know how I asked him, but I'd asked him, and he said golfing, so -- because I remember conversating (sic) with my wife, well, I would never go golfing without her. And, plus, we didn't know he was a golfer. So -- because my wife had taken lessons, so -- McALLISTER: Did you ask him if that had been his plan that day -- KRIGBAUM: No. McALLISTER: -- or do you remember the exact question and then the exact answer that he gave you? KRIGBAUM: No. I just remember him saying he -- he was golfing and he tried to call her all day, so -- McALLISTER: And was he pretty upset when he was saying this? KRIGBAUM: He -- he acted upset, yes. McALLISTER: And you were getting pretty -- I mean, this is, even at that point, pretty startling to you, wasn't it? KRIGBAUM: Yes. McALLISTER: And were you asking him about plans being formed, or who had he called, or were neighbors going to be looking? Was there any conversation like that at that point? KRIGBAUM: That wasn't the first time, though, because he had left, and I shut the door, and I really didn't know what to do. I had asked Tara, I'm like, "What do I do? You know, do I go help him?" I had no shoes on, in the middle of making dinner. And so I had gone back out there, and that's when I saw him across the street. And I had asked him, you know, "Did you check the pool? Did you check the car? Did you call the phone to hear if it rang in the house?" I was just doing -- asking things that I would do in that situation. So that's when I started asking the questions. McALLISTER: So you had gone back over to his house after you kind of took stock of the conversation? KRIGBAUM: Actually, I yelled it from the edge of my lawn, and he was across the street heading over towards Karen's with the dog at that point, so -- McALLISTER: Okay. So, I mean, you -- these things didn't come to you immediately as you're in the shock of just hearing this, though, things that he ought to be doing, right? KRIGBAUM: No. I shut the door, and I was asking Tara, because I had never been in that situation before, you know. McALLISTER: And you were getting kind of upset at that point -- KRIGBAUM: Oh, yes. McALLISTER: -- about, "Gee, what should we do here?" KRIGBAUM: Definitely. McALLISTER: And then you went back over and yelled these suggestions to him? KRIGBAUM: Uh-huh. McALLISTER: Did you ever see Laci walking the Golden Retriever? KRIGBAUM: Yes. McALLISTER: Do you remember about how many times? KRIGBAUM: I saw them walking the dog together, holding hands. I don't know how many times I saw them walk the dog. A few times. I don't -- I don't recall exactly. It's hard to get past the memory, because he walked the dog a lot after she was missing. So that's when I saw somebody really walk the dog every day. He was running the dog and walking the dog every day. McALLISTER: Okay. So the more recent -- KRIGBAUM: So -- McALLISTER: The more recent picture that you have in your mind is -- KRIGBAUM: Uh-huh. McALLISTER: -- kind of getting in the way -- KRIGBAUM: Yeah. McALLISTER: -- of what you may have -- but you do remember them walking the dog together? KRIGBAUM: Yes. McALLISTER: Holding hands? KRIGBAUM: Yes. McALLISTER: Was that at a point when Laci was pregnant? KRIGBAUM: I don't believe so. Not showing, anyway. McALLISTER: Okay. You didn't see any unusual vehicles in the area when you took your dog out to relieve itself? KRIGBAUM: No. McALLISTER: Is that right? KRIGBAUM: No, I didn't see anything. McALLISTER: How about the 26th of December, the day after Christmas, did you see any unusual vehicles that day in the immediate neighborhood there of your house? KRIGBAUM: Our neighborhood was filled with cars. So every vehicle in the neighborhood was unusual. It was packed. McALLISTER: Okay. Are we talking police? Are we talking media? Are we talking both? KRIGBAUM: Both. McALLISTER: Both? KRIGBAUM: Yes. McALLISTER: So it was just like a parking lot? KRIGBAUM: Yes, for months afterwards. McALLISTER: And for months, that we know, for months afterwards? KRIGBAUM: Yes. McALLISTER: Yes. When -- now, we talked the months afterwards. Did you ever have the opportunity to see what happened whenever Scott arrived home or left home once the media had descended on the neighborhood? KRIGBAUM: When he came home? McALLISTER: Yeah. KRIGBAUM: Yeah. They'd go up and try to talk to him and film him and -- they were filming the house even without him there. McALLISTER: Filming the house? KRIGBAUM: Yeah. McALLISTER: The shark-feeding frenzy, wasn't it? KRIGBAUM: Filming the neighbors. McALLISTER: And whenever he came or went, then they descended on him and were wanting him to talk and -- KRIGBAUM: Yes. McALLISTER: And just from your standpoint as a person who only happened to live across the street, was that inconvenient to you? KRIGBAUM: Oh, yes. McALLISTER: Kind of feel like it robbed you of your privacy a little bit? KRIGBAUM: Oh, yes. DISTASO: Objection, Your Honor -- hold on a second. Objection. This is not really relevant. JUDGE: Sustained. (Whereupon, the witness' cellular phone was ringing.) KRIGBAUM: Sorry about that. That's on silent. JUDGE: You can answer it. KRIGBAUM: Sorry. Our son. Gotta check in after school. McALLISTER: How about this? When we're talking about -- you're familiar or all too familiar with Sage, the dog next door, but you also did mention another dog barking. KRIGBAUM: Yes. We didn't know which dog that was, but then we recognized the bark, because McKenzie didn't really bark a lot. We never really heard him bark a lot. So -- but when they came to tow the trucks, they had left the dog in the backyard, and the dog was just going crazy when the police walked up to the back fence. And so we heard that familiar bark from that original day, and we're, like, "That sounds like the same bark on that day that we didn't recognize the other bark," because we knew all the dogs in the neighborhood, so -- McALLISTER: Sure. So what you're saying is the bark that was unfamiliar to you on the 24th of December you later recognized as being McKenzie? KRIGBAUM: Could have been, yes. Sounded familiar. McALLISTER: Okay. And you hadn't heard him bark prior to the 24th? KRIGBAUM: Rarely. Maybe in the court -- I saw him bark from the courtyard, and that's it, like when the mailman would walk by. But rarely. McALLISTER: Okay. So on the 24th, when you heard this other dog that apparently is McKenzie, but -- how many times did you hear that dog bark that morning as you were waking up, getting up? KRIGBAUM: Just for a short period, when Sage was barking. But I figured it was the mailman or like somebody walking by, because any dog that walks by, Sage barks, let's it know what's going on. I don't know. McALLISTER: But normally Sage barking doesn't trigger McKenzie barking? KRIGBAUM: No. McALLISTER: Is that correct? KRIGBAUM: No -- yes. Yeah, that's correct. McALLISTER: And when you got up, had Mr. Graybill, your -- do you know your mailman? KRIGBAUM: No, I don't, actually. McALLISTER: Okay. His name is Russell Graybill, by the way. KRIGBAUM: It changes -- really? McALLISTER: Yeah. It was back then. KRIGBAUM: Okay. McALLISTER: Had your mailman, whatever his name may have been, -- KRIGBAUM: Okay. McALLISTER: -- had he delivered the mail at the point where you got up to take your dog out? KRIGBAUM: I have no idea. That was my day off. I didn't check the mail. McALLISTER: Thank you. No other questions.
Redirect Examination by Rick Distaso DISTASO: When you heard this second dog bark, I mean, do you know that was McKenzie or not? KRIGBAUM: I don't know for sure. It sounded familiar. Like I said, I heard it, what was it, when they had towed the truck, and they left the dog there, and it was a pretty distinctive bark. And I didn't think that that dog was like that aggressive, because it was -- sounded aggressive at the fence towards the police. So I just -- we just kind of figured, the two -- Tara and I had both recognized it, "Whoa, that sounded like the dog that was barking that day." DISTASO: Okay. And Mr. McAllister asked you a couple questions about when the -- after this happened and the media was kind of all around the house, and you said that when Mr. Peterson would come -- I mean, would have come home, they'd kind of descend on him? KRIGBAUM: Uh-huh. DISTASO: Did you ever actually see him leave and then do the same thing? KRIGBAUM: You mean him leave and them, like, chase him? DISTASO: Right. KRIGBAUM: Yeah. Yes. Yes. DISTASO: So they'd kind of chase after him? KRIGBAUM: Yes. DISTASO: When he would get in his car, chase away, would they get in their cars, drive after him? KRIGBAUM: Not that I saw, no. They would keep filming the house. DISTASO: All right. So it was like when he would show up around the house, they would want to talk to him or kind of film him or whatever? KRIGBAUM: Yes. DISTASO: And then he would leave, and then he'd come back, and they'd do the same thing? KRIGBAUM: Yes. DISTASO: I don't have anything else, Your Honor.
Recross Examination by Kirk McAllister
McALLISTER: When
Mr. Peterson would leave, and the media was there, did you ever follow
him to see if they were or some of them were tailing him?
McALLISTER: No.
I never followed Mr. Peterson. McALLISTER: No other questions.
DISTASO: I
don't have anything further.
JUDGE: You
may step down. Thank you.
KRIGBAUM: Thank you. |