Witness for the People: Guilt Phase
September 9, 2004
Direct Examination by Rick Distaso
DISTASO: Miss Lee, Brian Lee is your husband?
DISTASO: Man who just testified?
LEE: Yes, he is.
DISTASO: During the month of December of 2002, were you pregnant?
LEE: I was.
DISTASO: And how far along were you?
LEE: Four and a half months.
DISTASO: Don't tell me the address, but what street do you live on?
LEE: Los Flores Avenue.
DISTASO: Would you, would you ever walk with your husband and your dog in your neighborhood in the month of December of 2002?
DISTASO: And what time of day would you do that?
LEE: In the evening time.
DISTASO: Okay. Would you walk past some neighbors of yours called the Mitchells?
DISTASO: Okay. And how often do you think you walked with your husband and your dog just in your little part of the neighborhood there?
LEE: How often?
DISTASO: In December of 2002.
LEE: Oh, couple times a week. But not, yeah, a couple times a week.
DISTASO: And did you always walk with your husband?
DISTASO: Okay. Did you always walk with your dog?
DISTASO: And did you always walk in the evening times?
DISTASO: Let me show you 229A. Is that, what is that a picture of?
LEE: That's me and my dog.
DISTASO: Your husband said, had just testified that he ran with your dog. Is this the same dog that he ran with?
DISTASO: And is this the map here that says, is that the route that you would walk when you would walk in the neighborhood?
LEE: Yes, it is.
GERAGOS: Is that Bates 3834?
DISTASO: This is 3834.
GERAGOS: Thank you.
DISTASO: Let me just show a picture of your dog. A picture of your dog. That's a picture of you and your dog?
DISTASO: Is that a picture of back when you were pregnant, or is that a more recent picture?
LEE: That was after, I believe.
DISTASO: Okay. Is that the pic, who took that picture?
LEE: Detective Grogan.
DISTASO: When the detectives came and talked to you, then they are the ones that took that picture?
DISTASO: No further questions, your Honor.
Cross Examination by Mark Geragos
GERAGOS: Correct me if I'm wrong. You are absolutely certain you didn't walk on December 24th?
GERAGOS: And when you do walk, you walk in the evening?
GERAGOS: You don't walk between the hours of nine and eleven in the morning?
LEE: No. No.
GERAGOS: And correct me if I'm wrong. I took a look at that dog. Is that dog a Golden Retriever?
LEE: It's chocolate Labrador.
GERAGOS: Does he change color?
GERAGOS: Okay. So he's generally about that color?
GERAGOS: You were four months pregnant. Were you showing?
GERAGOS: Okay. How big?
LEE: I don't know.
GERAGOS: A little bit?
LEE: Yeah, a little bit. You could tell I was pregnant. I showed right away.
GERAGOS: And, once again, the police interviewed you correct, back in June, of 2003, or at least,
LEE: Yeah. In the summertime of 2003.
GERAGOS: Okay. May I have just one moment, your Honor? <pause> And when you talked with Detective Grogan back in June of 2003, you told him that you were positive that you didn't walk on December 24th?
GERAGOS: And the reason that you knew that you didn't walk on the 24th?
LEE: Because it was cold and rainy, and I had too much to do.
GERAGOS: Okay. And you didn't, didn't you also tell him that you couldn't say for sure how often you walked in December, but you know it was only a couple of times at most?
GERAGOS: And that you didn't walk at all for a week before Christmas?
LEE: That would be right, yes.
GERAGOS: Because you were working?
LEE: Yeah, I was working.
GERAGOS: Okay. So basically from the 17th to the 24th, you can say positively that you didn't walk at all?
LEE: Positively? No. But probably not. Probably not.
DISTASO: Thank you. I have no further questions.
JUDGE: Any other questions?
DISTASO: No further questions.
JUDGE: Miss Lee, thank you very much.