Witness for the People: Guilt Phase
September 9, 2004
Direct Examination by Birgit Fladager
FLADAGER: Miss Martinez, do you live in the La Loma area of Modesto?
MARTINEZ: Yes, I do.
FLADAGER: How long have you lived in there?
MARTINEZ: About ten years now.
FLADAGER: Ten years? Do you have a dog?
MARTINEZ: Yes, I do.
FLADAGER: Did you have a dog back in December of 2002?
MARTINEZ: Yes, I did.
FLADAGER: One, or more than one dog?
MARTINEZ: More than one.
FLADAGER: And what kind of dogs were they?
MARTINEZ: Golden Retrievers.
FLADAGER: What where were names?
MARTINEZ: Ruby and Dodger.
FLADAGER: Do they look pretty similar to one another?
MARTINEZ: Yes, they do.
FLADAGER: And about the same age, or not so much?
MARTINEZ: About two years apart.
FLADAGER: Did you walk your dogs in the neighborhood where you lived?
MARTINEZ: Yes, I did.
FLADAGER: Would you walk them one at a time or together, or did,
MARTINEZ: One at a time.
FLADAGER: What time ordinarily would you go walking with your dog?
MARTINEZ: In the mornings, any time from 6:30 a.m., seven, eight, nine. It varied. It depended on how my back is. I have a bad back. So depended how I felt that morning. Usually in the evening, though, I would walk. Mostly in the evening also.
FLADAGER: Mornings and evening?
MARTINEZ: Yes, correct.
FLADAGER: Have you take a look at what's been marked People's Number 231.
JUDGE: Did you mark that? What is that?
FLADAGER: It's a map. Did you have a chance to look at that?
FLADAGER: Do you see an area highlighted on that map?
FLADAGER: That indicate the route you normally travel?
FLADAGER: Going to put it up here on the screen. This appears to be a pathway marked, highlighted in yellow. Some of it dotted line, some of it is a solid line. What's the difference in meaning in terms of the dotted line and solid line on the path that you might take?
MARTINEZ: Is there a difference?
FLADAGER: Is one an ordinary route, one an alternate route?
MARTINEZ: Yes. Well, usually I would go down Roble, west on Roble, and go down Santa Rosa, make a right on Santa Rosa, cross over Encina, go down Edgebrook, because it's like a hill that goes up. You get kind of a nice burn when you go up it backwards. And then right on the Covena, and then hit Encina, make a left, or I could keep going on Covena then hit Roble, and make a left, then go to my home. Yes.
FLADAGER: When you go on Edgebrook turn on Covena, would you go past the Peterson residence 236 (sic) Covena?
FLADAGER: Could I have a picture of the dog marked?
GERAGOS: 231 be the map?
JUDGE: 231A is a photograph of a dog. Your dogs' names are Ruby,
MARTINEZ: And Dodger.
JUDGE: Dodger, like the baseball team?
FLADAGER: Can you tell me if this one is Ruby or Dodger?
MARTINEZ: I'm sorry. This is Ruby.
FLADAGER: Why is Ruby called Ruby?
MARTINEZ: Her color.
FLADAGER: She's red?
FLADAGER: There is a little girl there?
MARTINEZ: That's my granddaughter.
FLADAGER: All right. No further questions, your Honor.
Cross Examination by Mark Geragos
GERAGOS: Good morning.
MARTINEZ: Good morning.
GERAGOS: Miss Martinez, they interviewed you in March of this year?
MARTINEZ: Yes, sir.
GERAGOS: And specifically asked you if you were walking on December 24th?
GERAGOS: You said that you, I think your answer was you were preparing for dinner for family at home. You don't remember if you did or didn't walk your dog?
MARTINEZ: I don't recall if I did or not.
GERAGOS: Okay. And you don't recall if you took an alternate route? If you did walk that day, you just don't have a memory of, is that correct?
MARTINEZ: I don't remember, sir.
GERAGOS: Okay. And how often would you walk after December of 2002?
MARTINEZ: Two to three times a week.
GERAGOS: Okay. And you would normally be home by what time when you would walk?
MARTINEZ: Well, depend. If I left at 6:30, I would be back by 7:30 or 8:00 o'clock.
GERAGOS: In the morning?
MARTINEZ: Yes, in the morning.
GERAGOS: And then that would be the latest?
GERAGOS: Okay. And if you walked in the evening?
MARTINEZ: If I walked in the evening, I would leave about 5:30, about seven, 7:00 p.m.
GERAGOS: Do you let your dog off the leash when you walk your dog?
MARTINEZ: No, I don't. Never. I'm sorry. Sometimes in the front yard when I'm doing yard work and stuff, she'll just sit on the front porch with my other dog.
GERAGOS: I'm sorry, I didn't ask it correctly. Did you ever let your dog off the leash when you walk the dog?
GERAGOS: And is it a fair statement that you are never walking the dog after 9:00 o'clock in the morning, at least until you take an evening walk?
MARTINEZ: I'm sorry, can you say that again?
GERAGOS: Your normal routine when you do walk the dog is to get up at 6:30 in the morning and walk the dog in the morning and be back at your house before 8:00 o'clock; is that correct?
MARTINEZ: Usually. Not always, though. Depend if, what was going on that morning. I mean I could, I have gone later. It always varied.
GERAGOS: Okay. And as you sit here right now, you don't recall where you walked on December 24th?
MARTINEZ: No, I don't.
GERAGOS: You don't recall if you walked on December 23rd?
GERAGOS: Thank you. I have no further questions.
JUDGE: Did you walk both your dogs at the same time?
MARTINEZ: No, I don't. Just one at a time. They are too big. You can see, she's,
JUDGE: One at a time. You walk Ruby, then you walk Dodger?
MARTINEZ: Correct. One, I would take one the one day, and the other the next day.
JUDGE: Okay. Thank you. May this witness be excused?
JUDGE: Okay. Thank you.