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Bruce Peterson
Witness for the People: Guilt Phase July 7, 2004
Direct Examination by Rick Distaso DISTASO: Mr. Peterson, did you used to own a 14 foot aluminum fishing boat? PETERSON: Yes, I did. DISTASO: And when did you first buy that? PETERSON: Oh, summer of I think 93. DISTASO: 1993? PETERSON: Correct. DISTASO: And did you buy it new or used? PETERSON: Used. DISTASO: And then when did you sell that boat? PETERSON: On December the 9th, 2002. DISTASO: Let me show you these, these pictures, People's 108 A through D. Go ahead and take a look at them. PETERSON: All right. DISTASO: Do you recognize the boat that's shown in those pictures? PETERSON: Yes, I do. DISTASO: And is that the boat that you used to own? PETERSON: Yes, it is. DISTASO: And the boat that you sold on December 9th? PETERSON: Correct. DISTASO: Okay. What, let's just kind of start at the beginning. You had the boat. And at some point you decide to sell it? PETERSON: Correct. DISTASO: Okay. And what did you do to, what did you do? Put an ad in the paper? Or what? PETERSON: We ran an ad in the Modesto Bee. DISTASO: Okay. And when did you run that ad? PETERSON: It started shortly after Thanksgiving of November, 2002. DISTASO: And at some point did you get a call from someone who wanted to come and look at your boat? PETERSON: Yes, I did. DISTASO: And who was that person? PETERSON: Scott Peterson. DISTASO: Okay. And what did Mr. Peterson tell you? PETERSON: He was interested in looking at the boat, possibly purchasing it. DISTASO: And do you remember what date that was? PETERSON: That was on Saturday, December the 7th. DISTASO: Okay. So you got a call on Saturday, December the 7th, and when, did you set up a meeting for Mr. Peterson to come over and buy your boat? PETERSON: Yeah. We agreed, well, he wanted to come over and look at the boat first. And he came over Sunday morning, the next day. DISTASO: Okay. That was on the 8th? PETERSON: Correct. DISTASO: And, and how much were you listing the boat for? PETERSON: $1500. DISTASO: And do you recognize Mr. Peterson as he sits here in court today? PETERSON: Yes, I do. DISTASO: Okay. So he came over and wanted to look at the boat, right? PETERSON: Correct. DISTASO: And on the 8th you showed it to him. And just tell the jury what happened. PETERSON: Well, he looked over the boat, and I explained all the accessories that went with the sale of the boat and what I was asking for it, and everything. DISTASO: What happened next, then? PETERSON: I think it, he asked me, you know, where I had used the boat, which primarily was always freshwater lakes up in the Sierras and foothills. DISTASO: Okay. PETERSON: Pine Crest Lake, New Melones Reservoir. DISTASO: What other lakes did you tell him you used it at? PETERSON: Beardslee Reservoir also. DISTASO: These are lakes that are kind of in the western side of the Sierras? PETERSON: Correct, uh-huh. DISTASO: All right. And the only, or what type of use did you use the boat for? PETERSON: Trout fishing. DISTASO: Did you ever take the boat in saltwater? PETERSON: No. DISTASO: So in the time that you owned it you only took it into freshwater lakes? PETERSON: Correct. DISTASO: Let me show you People's 108A. There you go. Is that the boat that you sold to Mr. Peterson? PETERSON: Yes, it is. DISTASO: And what did you sell him with the boat? What came with it? PETERSON: You can see the fish finder on the side of the boat, two rod holders, two life jackets. DISTASO: Okay. Hold on a second. PETERSON: Okay. Sorry. DISTASO: The fish finder is right here? PETERSON: Correct. DISTASO: And that's like a little kind of mini sonar, PETERSON: Right. DISTASO: that you can look down in the water with? PETERSON: Correct. DISTASO: You said two rod holders. Those things right here? PETERSON: Uh-huh. Correct. DISTASO: What else did you sell it with? PETERSON: There were two life jackets, two square cushion seats that just laid on top of the middle bench seat. There was a trolling motor. One oar, the battery. Fuel tank, motor and a canvas cover. DISTASO: And the motor, or the engine, the outboard motor that we see this on the boat, that was the main motor that you sold to him? PETERSON: Yes, correct. DISTASO: And how big is that motor? PETERSON: 15 horsepower. DISTASO: 15 horsepower. About how heavy is it? PETERSON: 75 pounds. DISTASO: Can you lift it by yourself? PETERSON: Yes. DISTASO: And the way it sits on the back of the, of the boat there, it can go, it can be extended down into the water, correct? PETERSON: Uh-huh. DISTASO: That's if you're using it? PETERSON: Right. DISTASO: Then if you're going to drive it like it is on the trailer, you lift it up like that? PETERSON: Right. DISTASO: Okay. And these, see these bungee cords here that are attached? PETERSON: Uh-huh. DISTASO: Is that, is that how you would travel with the boat? PETERSON: That's how I, when I pulled, pulled the boat, that's how I had it rigged, with the bungee cords on the side, mounted to the frame to keep the boat in place, and then keep the motor in place. DISTASO: Okay. You attached one here to the motor. Would you put one on the other side also? PETERSON: Yes. One on each side. DISTASO: So one, is that just over the, the gunwale, I think it's called, of the boat? PETERSON: Right. A little thing where the other lock would go if you had to use an oar. I just put the S hook in there and wrapped it down on the side of the boat under the frame and hooked it under the bungee cord. DISTASO: And then hooked it under the trailer? PETERSON: Right. JUDGE: Did the $1500 include the trailer? PETERSON: Yes. JUDGE: Boat and trailer? PETERSON: Yes. DISTASO: Right. The whole thing we're looking at here is what you sold him, this trailer and the things you told us inside? PETERSON: Yes. DISTASO: And then was there any spare wheels or anything for the trailer? PETERSON: Yeah, there were. I had a couple of extra ones I had in the boat. The tires were kind of worn, but I had those and put them in the boat also. DISTASO: And you sold those also? PETERSON: Yeah. DISTASO: And you said you also sold it with a cover is that right? PETERSON: Correct. DISTASO: Okay. Let me show you People's 105 D. Is that the cover that you sold with the boat? PETERSON: Yes, it is. DISTASO: And it's a canvas-like material? PETERSON: Yes. DISTASO: And it has these little hooks here. Are those, like, little hooks that you can bungee cord down? PETERSON: Right. If you want to tie it down. If you were to trailer the boat with that on it, that's how you would tie it down. DISTASO: All right. Here's a picture of it from the back. Same, same kind of situation with these little loops, correct? PETERSON: Right. Correct. DISTASO: What, you said you used it mostly for trout fishing in lakes. Did, who would generally go with you fishing? PETERSON: My wife. DISTASO: So it would be you and your wife in the boat? PETERSON: Uh-huh, correct. DISTASO: And when you were in the boat, where, let me put that picture back up. When you were in the boat, where would you generally sit? PETERSON: I sat in the back by the motor, and my wife sat in the front seat. DISTASO: Okay. So you sat generally right here? PETERSON: Correct. DISTASO: And these seats that go across the boat here, these are like aluminum or some kind of metal seats? PETERSON: Yeah, they're aluminum bench seats. DISTASO: Okay. And then these seats are mounted to that? PETERSON: Correct. DISTASO: Can you sit on just the aluminum or the seat part? I mean the bench part? PETERSON: You can, sure, uh-huh. DISTASO: When you would drive the boat, you would sit in this blue seat? PETERSON: Right. DISTASO: And then it's an outboard motor, correct? PETERSON: Correct. DISTASO: So it has like a tiller handle, PETERSON: Yes. DISTASO: to make it go? That's how you would drive the boat? PETERSON: Correct. DISTASO: Then you said your wife would sit in this seat over here? PETERSON: Correct. DISTASO: When you were in the boat on a lake somewhere, could you move around in it? PETERSON: Yes, uh-huh. DISTASO: Could you stand up in it? PETERSON: Yes. DISTASO: And so you could, your wife could move back into the boat somewhere if she wanted to, and you could move forward if you wanted to? PETERSON: Yes. DISTASO: Was there ever a time when you and your wife were both on the same side of the boat? PETERSON: Oh, quite frequently. When you catch a fish, whoever is reeling the fish in, the other person would use a net to net it. So we would both be on the same side of the boat at the same time. DISTASO: And that wouldn't cause you any problems or the boat any problems? PETERSON: No. DISTASO: Now, did you sell the boat with any anchors? PETERSON: No, I kept the anchors for myself. DISTASO: And why did you do that? PETERSON: I liked them we were planning to buy another boat anyway, so I was going to use them on the next boat. DISTASO: Okay. What kind of anchors were they? PETERSON: They were called, I think this were called mushroom anchors. DISTASO: Can you just describe for the jury what that is? PETERSON: Has kind of a center stem on it but I-bolt on the top where the rope would go, and kind of mushroom out on the bottom like this, sit on the bottom of the lake. DISTASO: How many of those did you have? PETERSON: Two. DISTASO: Did you ever have any type of cement anchor or anything of that nature? PETERSON: No. DISTASO: Let me show you an exhibit just quickly. This is People's 72. This cement block with the rebar in it, People's 72, you didn't make this? PETERSON: No. DISTASO: And you never had anything like this in the boat? PETERSON: No. DISTASO: Okay. Now, on the 8th you said Mr. Peterson came by to look at the boat? PETERSON: Correct. DISTASO: And then did he offer you some sum of money for it? PETERSON: He offered me $1400 for the boat. DISTASO: Okay. And did you accept that? PETERSON: Yes, I did. DISTASO: And then what happened next? When did this transaction or this sale actually take place? PETERSON: The next morning. He said he would be back Monday morning after the banks opened up. DISTASO: Did he do that? PETERSON: Yes, he did. DISTASO: And what happened during that? PETERSON: He gave me the cash for the boat. My wife and I signed off on the pink slip, the title. I had him fill out his portion of the liability release portion of the pink slip, and then after he got done, I filled my portion out, and then I mailed them off to the DMV. DISTASO: Okay. That's just registration information for the boat? PETERSON: Correct. DISTASO: Is the boat kind of like a car? When you sell it you have to let the DMV know you sold it? PETERSON: Yes. DISTASO: And you also have to register it? PETERSON: Yes. DISTASO: So if, the boat had been registered in your name? PETERSON: It had been, yes. DISTASO: And then you send in the form saying I've released liability on the boat? PETERSON: Correct. DISTASO: And then do you have any idea if it was ever registered again in anybody else's name? PETERSON: No. DISTASO: Did you sell the boat with any rope? PETERSON: Just the rope on the bow, used for, like, to launch the boat, hold onto the boat alongside the pier, and stuff. DISTASO: Okay. Here, here's where the bow of the boat would be. There was a rope attached to that? PETERSON: Yes, there is. DISTASO: And about how long was it? PETERSON: Six foot. DISTASO: And that wasn't an anchor rope, correct? PETERSON: No. DISTASO: Did, were you asked at some time to come back to the Modesto Police Department, PETERSON: Yes, I was. DISTASO: and look at some scratches that were on the seat of the boat? PETERSON: Yes. DISTASO: Do you remember that? PETERSON: Yes. DISTASO: The scratches that were there, do you know if those scratches were there when, when you sold the boat to Mr. Peterson? PETERSON: I couldn't tell them one way or the other. I couldn't remember whether they were fresh or if they had been there before. DISTASO: Nothing further, your Honor.
Cross Examination by Mark Geragos GERAGOS: Good afternoon. PETERSON: Good afternoon. GERAGOS: When you sold the boat, is that on the 9th? PETERSON: Monday, I believe Monday the 9th of December. GERAGOS: Monday the 9th. And on the 8th, which was a Sunday, you, you and Scott came to an agreement? PETERSON: Correct. GERAGOS: A hundred bucks less? PETERSON: Yeah. GERAGOS: Okay. And was there a reason that you didn't do it that day? The sale? PETERSON: I wanted cash for the boat. He didn't have cash. Said he would come back the next morning after the banks opened. GERAGOS: He was going to write you a check? PETERSON: I don't believe there was an offer of a check. GERAGOS: You just said I want cash? PETERSON: Yes, it was a cash sale. GERAGOS: You never met him before? PETERSON: No. GERAGOS: He introduced himself as Scott Peterson? PETERSON: Actually, I never knew his name until he filled out the liability release form. We had to put his name and address on the form. GERAGOS: The liability release form, Mr. Distaso was asking you about that, that's what you fill out for the DMV? PETERSON: Correct. GERAGOS: Okay. PETERSON: Releases my liability on the boat. GERAGOS: So you have an incentive to get that filed with the DMV, right? PETERSON: Yes. GERAGOS: And the reason you have an incentive to get it filed with the DMV is if something happens with either that or the trailer, you're not the one that's on the hook? PETERSON: That's correct. GERAGOS: So you wanted to make sure that would get filed with the DMV? PETERSON: Yes. GERAGOS: What name did he put down on there? PETERSON: Scott Peterson. GERAGOS: And did he put an address? PETERSON: I believe he, yeah, it calls for an address and everything on there. GERAGOS: And you told him you would take care of filing it with the DMV? PETERSON: I believe it's my responsibility to mail it off. GERAGOS: And did you do that? PETERSON: I did that same date. GERAGOS: Same date? PETERSON: Correct. GERAGOS: As of December 9th the State of California had a record that Scott Peterson had bought a boat? PETERSON: Yes. GERAGOS: Okay. And did he, he fill out his address on that form, that release of liability? PETERSON: I believe he did. Yes, he did. GERAGOS: Okay. Now, the, the amount you said was $1400. He went on Monday, got the cash and brought it back, correct? PETERSON: Yes. GERAGOS: And he, did you sell it in the same condition that we've got in 108 A? Does that pretty much look like how the boat was when you sold it? PETERSON: Yes, it does. GERAGOS: Okay. The cover was not on it as it is in 108 C, correct? PETERSON: Correct. GERAGOS: Okay. You just, how did you deliver the cover to him? PETERSON: It was folded up and just put inside the boat. GERAGOS: Okay. Did you sell him this rope? PETERSON: No, I didn't. GERAGOS: Which is marked as double A? PETERSON: No. GERAGOS: Okay. You told him you wanted to keep the anchor, correct? PETERSON: There was two of them. GERAGOS: Anchors. How much does your anchor weigh? PETERSON: One weighs ten pounds and one weighs 15 pounds. GERAGOS: Tell me roughly this, about the same? PETERSON: Probably about ten pounds. GERAGOS: Same as one of your anchors? PETERSON: Correct. GERAGOS: Probably considerably cheaper to make? PETERSON: Oh, yeah. GERAGOS: You said your wife used to go in the boat with you? PETERSON: Yes, I did. GERAGOS: May I have just one moment, your Honor? JUDGE: Yeah. GERAGOS: And what's your wife's maiden name? PETERSON: Christine Ann Hamlett. GERAGOS: Hamlett? PETERSON: H-A-M-L-E-T-T. GERAGOS: She grow up in Modesto? PETERSON: No, she grew up in Millbrae, California. GERAGOS: In the boat when you sold it, did you do any, did you have a freshwater adapter on it? PETERSON: No. Didn't need one. To my knowledge. Never had one. GERAGOS: As far as you know it never had one? PETERSON: No. GERAGOS: Okay. And the, did you have to, did you start it up at any point on either the Sunday, if I understand correctly, the Saturday you get a call? PETERSON: Correct. Saturday. GERAGOS: Sunday Scott shows up. PETERSON: Correct. GERAGOS: Monday you do the deal? PETERSON: We do the deal. GERAGOS: Okay. Did you demonstrate it on Sunday for him? Did you start up the motor? PETERSON: No, we never did. GERAGOS: Okay. So at any point, you didn't put it into the water, or anything? PETERSON: No, we didn't. GERAGOS: Okay. You guys didn't take a field trip to one of these lakes that you go to? PETERSON: No. GERAGOS: By the way, the places where you would take it to go fishing, you named a couple of them with Mr. Distaso. I'm not, I admit I'm not a fisherman and I'm not familiar with those areas. Could you name a couple of those, okay? PETERSON: One was Pine Crest Lake. GERAGOS: Okay. PETERSON: One was New Melones Reservoir, and the other was Beardslee Reservoir. GERAGOS: How far away is the Beardslee Reservoir? PETERSON: From Modesto? GERAGOS: From Modesto. PETERSON: Approximately about 70 miles. GERAGOS: So you actually would drive the boat 70 miles, DISTASO: Objection, your Honor. GERAGOS: to go fishing? DISTASO: Argumentative. JUDGE: Sustained. Sustained. GERAGOS: How about the other two places where you go? How far away are they? PETERSON: Well, you have to understand, we have mountain property. And do most of our fishing from the, departing from there. GERAGOS: And that's how far away from Modesto? PETERSON: The mountain property? About 60 miles. GERAGOS: Okay. So you would think nothing of driving 60, 70 miles in order to put the boat in the water? PETERSON: Not at all. GERAGOS: Okay. Now, the, did you tell Mr. Peterson, Scott, that the boat had not been in the water since September? PETERSON: Possibly. I can't recall. GERAGOS: Okay. Do you remember talking to a police officer about this matter? PETERSON: Yes. GERAGOS: Okay. Do you remember telling, whether you told the police officer that? PETERSON: If I, I'm sorry. GERAGOS: Do you remember if you told the police officer that? PETERSON: If I hadn't had the boat in the water since September? GERAGOS: Yeah. PETERSON: Possibly. Because I can't, GERAGOS: Let me show you the bottom of Bates stamp number 1110. Just this last sentence here. If you will read it slowly to yourself. PETERSON: Okay. GERAGOS: Does that refresh your recollection? PETERSON: Okay. That's what I said, yes. Okay. GERAGOS: Okay. Is it a fair statement that, PETERSON: Yes, it is. GERAGOS: the last time had you the boat in the lake was September? PETERSON: That's correct. GERAGOS: You had told Scott Peterson that you planned on purchasing another boat, correct? PETERSON: That's correct. GERAGOS: And you asked him if you could keep your two anchors, correct? PETERSON: Correct. GERAGOS: And he said he didn't have a problem with that? PETERSON: That's correct. GERAGOS: Now, you said also, I guess, I think you were describing that there was a rope that you sold the boat with, correct? PETERSON: Correct. GERAGOS: And that was eight to ten feet? PETERSON: I doubt it was that long. Probably more close to six to eight. GERAGOS: Okay. I'm going to show you a report again. This is 1111. Did you tell the police that it was an eight to ten foot canvas colored rope? PETERSON: Okay. Yes. GERAGOS: Okay. And do you remember what color that was? Was it actually canvas colored? PETERSON: Yeah. It was a tan. GERAGOS: Tan? PETERSON: Tan colored rope. GERAGOS: Okay. And did you tell the, Scott that he would need to have a ball on the truck in order to tow the boat? PETERSON: Yeah. I think I told him the size because, it was an odd size hookup. Took a one and seven-eights inch ball. GERAGOS: You didn't sell the boat with any fishing tackle, did you? PETERSON: No. GERAGOS: And, thank you. I have no further questions.
Redirect Examination by Rick Distaso DISTASO: Just for the record, Mr. Peterson, you don't have any relationship to the defendant, right? PETERSON: No. DISTASO: Okay. I don't think I showed you this last picture. So we, so we can go through it. People's 108 B, that's just a head-on shot of the way the cover fits on the boat when it's completely around the boat? PETERSON: Correct. DISTASO: And there's a string in the front that you can tighten it down with? PETERSON: Yes. Cinch up, cinch it all up, yeah. DISTASO: The, I think counsel asked you something about a freshwater adaptor. Just so the jury is not confused by that, this boat doesn't require any special equipment to run it in a lake? PETERSON: No. DISTASO: I mean you took it just like you saw it there in the pictures, drove it up, put it in the water, put the motor down, and off you went? PETERSON: Correct. DISTASO: That's all I have, Judge. JUDGE: Mr. Geragos, any other questions? GERAGOS: Could I have one moment? (Pause in proceedings) DISTASO: Actually, I do have a couple more questions. JUDGE: Go ahead. DISTASO: Mr. Peterson, you said that mostly you would, you would kind of use the boat fishing from your mountain property? PETERSON: Correct. DISTASO: Where is that at? PETERSON: It's outside of Sonora. DISTASO: And how far is, Sonora is east of Modesto, correct? PETERSON: Right. Uh-huh. DISTASO: Hold on one second. Let me show you People's number 60. You can stand up there, if you want to. JUDGE: Mr. Peterson, there's a pointer there. Maybe that would make it more convenient for you. MR. DAVID HARRIS: The pointer is over here. DISTASO: I think the pointer, here it is. JUDGE: Give it to him so he can use it. DISTASO: You can go ahead. Just so we're clear, do you see this map here? PETERSON: Yes, I do. DISTASO: Okay. Take a look, let me just show you, if you look, Sonora is right here, is that correct? PETERSON: Right. DISTASO: Here's the New Melones Reservoir? PETERSON: Uh-huh. DISTASO: That's one of the lakes you took it in? PETERSON: Yes. DISTASO: Looks like that's considerably closer than 60 miles? PETERSON: From the cabin, yes. DISTASO: If we're looking at this map where Modesto would be, Modesto would be down Highway 108, 120, would be down off here to the, way to the left, right? PETERSON: Right. DISTASO: And then once the, Pine Crest? PETERSON: Right there. DISTASO: Okay. So Pine Crest Lake from Sonora? PETERSON: Our cabin is actually right here, Cedar Ridge. DISTASO: Okay. The places where you would fish are all within it looks like a fairly close distance of your cabin? GERAGOS: Objection. Leading. PETERSON: Could be in the water, JUDGE: Sustained. It's a leading question. Ask, DISTASO: Let me just ask it this way. If we were in your mountain property and go to these places to fish, how long would it take you to get to these lakes? PETERSON: We could be in the water in 40 minutes. DISTASO: Okay. And you said there was Pine Crest, right? PETERSON: Right. DISTASO: And then New Melones was here. And I'm trying to see Beardslee on that. PETERSON: It's actually a little bit further. Right here. DISTASO: Beardslee, just so the jury knows, it's a little bit above the Pine Crest Lake, is that right? PETERSON: Actually lower elevation, as Pine Crest, you go back down the hill to the lake. DISTASO: Okay. That was all I have, Judge.
Recross Examination by Mark Geragos GERAGOS: Mr. Peterson, the, this cover that Mr. Distaso just showed you on the boat, you never used that when you had boat in transit, did you? PETERSON: No, I didn't. GERAGOS: And, in fact, you had purchased that tarp, you purchased the boat in 93, right? PETERSON: Correct. GERAGOS: The tarp about two years, one to two years later? PETERSON: I would guess. Two to three years. I can't exactly remember. GERAGOS: The tarp was in pretty good shape, but it was possible it had stains on it, correct. PETERSON: Possibly, yeah. GERAGOS: Okay. And you never left the boat tarp affixed or on the boat when you would take it to any of these places? PETERSON: No, I didn't. GERAGOS: Okay. And you used it when you put it in the garage, correct? PETERSON: Correct. GERAGOS: And you rarely, if ever, you remember that string thing that Mr. Distaso was showing you on the front of the trailer, you said pulled tight? PETERSON: Yeah. GERAGOS: You rarely, if ever, used that, correct? PETERSON: No, I didn't ever need to tighten it down. GERAGOS: You would just use, when you were transferring the boat or moving the boat in transit, you just used those bungee cords, correct? PETERSON: Right. GERAGOS: Okay. Did you tell the police officers that you had cleaned the boat, that there was a possibility that there was fish blood in the boat when you sold it? PETERSON: There was a possibility, because, I had washed the boat out, but, you know, if I got everything, I'm not sure. GERAGOS: And there would be fish blood in the boat because you caught fish when you were in the boat? PETERSON: Yes. GERAGOS: And then you put the fish in the boat? PETERSON: Yes. GERAGOS: Thank you. I have no further questions. DISTASO: No follow-up based on that. JUDGE: Mr. Peterson, thank you for your time, sir. You're excused. |