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Jacqueline Peterson
Witness for the Defendant: Guilt Phase October 25, 2004
Direct Examination by Mark Geragos GERAGOS: Good afternoon, Jackie. PETERSON: Good afternoon. GERAGOS: You are Scott's mother? PETERSON: Proudly so, yes. GERAGOS: I'm going to ask you a couple of different areas I want to get into with you. First is, specifically, you have been sitting in the courtroom, have heard the testimony, correct? PETERSON: Yes. GERAGOS: Specifically there was some money that was found on Scott at the time of his arrest. Were you aware of that? PETERSON: Yes. GERAGOS: Let me start off. At some point in April, around the 8th of April, did you withdraw some money from an account? PETERSON: Yes, I did. GERAGOS: Okay. What account was that? PETERSON: It was my bank account at Bank of America. GERAGOS: Okay. And specifically I'm going to show you, I'm going to show you this one page statement, what looks like a withdrawal slip? PETERSON: Yes. GERAGOS: Okay. Do you recognize that? PETERSON: Yes. GERAGOS: That is your signature on it? PETERSON: Yes. GERAGOS: And dated April 8th. Is that the date that you withdrew $10,000? PETERSON: Yes. GERAGOS: Now, I want to mark this as defense Exhibit next in order. JUDGE: It will be defendant's D8Y. GERAGOS: It's probably easier if I just, I have got one, two, three, four, five pages of records that I'll just mark as a group. JUDGE: It will be defendant's 8Y1 is the Bank of America withdrawal slip. How many more papers you got there? GERAGOS: Four after that. Bank of America statements, two pages Bank of America Customer Information Card, and then a Washington Mutual statement. JUDGE: All right. Defendant's 8Y, Y to the 8th power, 1 through 5. GERAGOS: Jackie, you had gone to get this money for what reason? PETERSON: To buy Scott's Dodge for his brother John. GERAGOS: When you say, PETERSON: Buy him out. GERAGOS: Scott's Dodge, is that a truck? PETERSON: Yes. GERAGOS: And you were going with Scott selling the truck? PETERSON: Yes. GERAGOS: And what was your role in this? PETERSON: I was loaning John the money essentially to buy the truck from his brother. GERAGOS: Okay. PETERSON: By giving Scott the money directly. GERAGOS: And did you withdraw $10,000 from the bank? PETERSON: Yes. GERAGOS: And you did that on April 8th, is that correct? PETERSON: Yes. GERAGOS: And this is the, I assume you went to your bank and asked them to give you a copy of the receipt, is that correct? PETERSON: Yes, I did. GERAGOS: Shows capture date of April 8th. Then it says 10,000, here and then your signature, is that correct? PETERSON: Yes. GERAGOS: Now, when you went into the Bank of America to take out that money, did you have your withdrawal slip with you, or checking with you? PETERSON: No, I didn't even have my account number. I gave them my Social Security number. And, GERAGOS: With your Social Security Number, did you actually think they were taking it out of your account? PETERSON: Yes. GERAGOS: Did you later, at some point, find out that instead they took it out of a different account? PETERSON: Yes. GERAGOS: What account did they take it out of. PETERSON: Out of Scott's. GERAGOS: And is this the bank statement that has got, just showed you, Bank of America statement, that shows Scott Peterson, Jackie Peterson, Laci Peterson? PETERSON: Yes. GERAGOS: Okay. And was, does it show that on April 8th you removed $10,000? PETERSON: Yes. GERAGOS: Okay. Did you know you were taking it out of this account? PETERSON: No. GERAGOS: Did you even know you were on that account, that you had an account there with Scott and Laci? PETERSON: No, I knew he was on mine. So his name was on my account as well. But that account was ten years old, and I didn't usually use it. GERAGOS: I'm showing you the card, looks like the Customer Identification Card. Is that the card that you originally had filled out? PETERSON: Yes. GERAGOS: That was back in, what, 1991? PETERSON: Yes. GERAGOS: And so your name and Scott's name was on this account, is that correct? PETERSON: Yes. GERAGOS: And then some point apparently Laci was added on to the account, is that correct? PETERSON: Yes. GERAGOS: So when you went in there to get the $10,000, did it turn out that you were actually taking $10,000 out of Scott's account? PETERSON: Yes. GERAGOS: Did you, at some point did Scott call you, and out of the 10,000, did you pay Scott some of that money? PETERSON: Yes. Not all of it. He only wanted part of it. GERAGOS: Why were you giving him money? PETERSON: To purchase the car. And said he didn't have as much equity. John was going to take over the payments. And Scott took, I think, about eight thousand of it instead of ten. GERAGOS: So were giving him $8,000 that represented the equity in the truck? PETERSON: Yes. GERAGOS: Your other son John would take over the payments, is that correct? PETERSON: Yes. GERAGOS: Did John end up doing that? PETERSON: Yes. GERAGOS: The truck became John's, correct? PETERSON: Yes. GERAGOS: The $10,000 you took out, you only gave eight thousand or so to Scott? PETERSON: Yes. GERAGOS: And the other 2000 you kept? PETERSON: Yes. GERAGOS: At some point after that, did Scott give you a call? PETERSON: Yes. GERAGOS: Did he let you know that the money that you paid him for his truck you had taken out of his account? PETERSON: Yes. GERAGOS: Okay. Did you then go and do something to make up for that? PETERSON: Yes. GERAGOS: Where did you go? PETERSON: I went to Great Western and picked up $10,000 to replace his money. GERAGOS: You said Great Western. I'm showing you a Washington Mutual. PETERSON: They used to be. GERAGOS: Used to be Great Western? PETERSON: Washington Mutual. GERAGOS: Can you recognize this document that I'm holding? PETERSON: Yes. GERAGOS: And this is your account, is that correct? PETERSON: Yes. GERAGOS: And showing right here on the 17th a withdrawal for 10,000, is that correct? PETERSON: Yes. GERAGOS: And did you give that money to Scott? PETERSON: Yes, I did. GERAGOS: Okay. Did you give that money to Scott on April the 17th? PETERSON: Yes. GERAGOS: Okay. I'm going to show you up here what's been marked as People's Exhibit 293-37. You see this San Diego Museum of Art ticket for Thursday April 17th? PETERSON: Yes. GERAGOS: Okay. There has apparently been testimony it was seized out of Scott's car on the 18th? PETERSON: Yes. GERAGOS: Did you go with him to that grand tour? PETERSON: I did. It was really just the fine arts. But that was the traveling exhibit there. GERAGOS: Is that he when you gave him the money? PETERSON: Yes. GERAGOS: Were you taking him to the San Diego Museum of Art so he could get some Mexican culture before he fled to Mexico? DISTASO: Objection, your Honor. It's argumentative. JUDGE: Sustained. GERAGOS: Was there anything to do with the Mexican exhibit that had anything whatsoever to do with Mexico? PETERSON: No. We didn't know what the exhibit was going to be. GERAGOS: Now, specifically, why did you give him cash as opposed to a check? PETERSON: First time or the second time? GERAGOS: First time. PETERSON: Because he was going to buy a car, and you can't really, people won't take your check. GERAGOS: Okay. Second time? PETERSON: Because he was replacing his money, and I didn't want him to have to wait for it to clear the bank. GERAGOS: If you gave him a check, might put a hold on it? PETERSON: Yes. GERAGOS: Let me ask you specifically about another area, which is Carmel. We have heard talk about Laci and Scott and you and Lee going to Carmel in December. Do you remember that? PETERSON: Yes. GERAGOS: Now, when you went to Carmel, did you, did Scott and his father end up going golfing during the day? PETERSON: Yes. GERAGOS: When they would golf, would they take the car? PETERSON: Yes. GERAGOS: What car was that? PETERSON: Our car we drove there. They would leave early and go off golfing and leave Laci and I. GERAGOS: When they would go golfing, what would you and Laci do? PETERSON: We would go shopping, and walk, and have lunch, and just go all over town. GERAGOS: Okay. PETERSON: It was like a tradition we did every year. GERAGOS: Had you done it in the past? PETERSON: Yes. GERAGOS: And when you did this, would you walk around the Carmel area? PETERSON: Yes. We walked straight up to the shopping center. It's about three blocks up the hill. Because Carmel is like on a hill. And it levels out. And hit all the shops in the mall. She loved to look at every one, and got ideas what she was going to do. GERAGOS: Going to show you a City Platinum Select Card that Scott, December 18th. And some entries on there. Do you see those? PETERSON: Yes. GERAGOS: Okay. Looks like there is one, two, three, four, five, six, and then before that, seven, eight, nine different entries for Carmel. Do you recognize those? PETERSON: Yes. GERAGOS: Place called a Peter the Rabbit and Friends. Did you and Laci walk there? PETERSON: Yes. It's a baby store. We bought books for the baby. GERAGOS: How about Sharper Image? PETERSON: Yes. GERAGOS: You did walk there? PETERSON: Yes. GERAGOS: How about a place called the Carmel Bay Company? PETERSON: Yes. GERAGOS: How about Louis Vuitton? PETERSON: Yes. GERAGOS: How long would you say you and Laci walked on that particular day, the 18th of December? PETERSON: Probably couple of hours in the morning. We would leave at ten and shop until noon, and then stop for lunch, and then finish up along the way back to the hotel looking at stores. We made a day of it. GERAGOS: This is about six days before Laci disappeared, correct? PETERSON: Yes. GERAGOS: Did she appear to you to not be able to walk? PETERSON: No. She was slower, but she walked. GERAGOS: And did she, you did this for a number of hours? PETERSON: Yes. GERAGOS: Show you, in January of 2003, your Ann Bird, your daughter, have a baptism for her son? PETERSON: Yes. GERAGOS: Is there a picture at that baptism? PETERSON: Yes. GERAGOS: Like to mark this as next in order. JUDGE: That will be Defendant's 8Z. GERAGOS: That would have been roughly January, do you remember the date? PETERSON: 12th. A Sunday. GERAGOS: Where was the baptism? PETERSON: In Berkeley. GERAGOS: Okay. And specifically is that Scott holding Ann's child? PETERSON: Yes. GERAGOS: I don't know if you can see it. Had he already started to grow a goatee at that point? I'll show you the picture up close so you can see. PETERSON: I don't have my glasses. Yes, yes. GERAGOS: Do you remember the date that you found out that Laci was pregnant? PETERSON: June 9th. GERAGOS: Okay. Did she call you that morning? PETERSON: Yes. She woke us up very early. GERAGOS: Told you that she had taken a test and determined she was pregnant? PETERSON: Yes. She just taken the test. GERAGOS: Okay. And, lastly, I have got a document that you, that I think had been sent to your house. Is this something that you received, a tax document? PETERSON: I believe so, yes. GERAGOS: Okay. And is that, there is an address on there. I'm not going to read it into the record. But is that your home address? PETERSON: Yes. GERAGOS: And specifically this was sent to you by TradeCorp, is that correct? PETERSON: Yes. GERAGOS: Shows in the year 2003, first four months, that Scott had been paid $41,000, is that correct? PETERSON: Yes. GERAGOS: Mark this as Defendant's next in order. It's two pages. There is a, Judge, the home address is on there. I prefer to not have that. JUDGE: Why don't you have the clerk just cover it up. GERAGOS: Okay. JUDGE: We're going to, this will be 9A, W-2 form? GERAGOS: Yeah. JUDGE: For what year? GERAGOS: 2003. JUDGE: Scott Peterson. GERAGOS: Thank you. I have no further questions. W-2 Form.
Cross Examination by Rick Distaso DISTASO: Mrs. Peterson, the money that you gave your son, let's go through that a little bit. When did you first give him money? Let me stop, PETERSON: April 8th, the day I took it out. DISTASO: I'm only talking about in April now, not any money you gave him prior. PETERSON: Okay. DISTASO: But on April 8th you gave him how much money? PETERSON: I took it out of the bank on April 8th. I saw him a couple days later. It would have been, he took either somewhere between six and 8,000. I'm not sure. Because I just kept the balance. And over the years I have used a little of it. DISTASO: Okay. And that was the first money that you gave him. What was that money, why did you give him that particular money? PETERSON: To help my son John buy out Scott's ownership in the van, the car. It's a Dodge car. DISTASO: Do you know what kind of car it is? PETERSON: It's a truck. DISTASO: All right. The white pickup truck that we have seen some pictures of? PETERSON: Yes. DISTASO: Why was it that your son John was going to buy Scott's car? PETERSON: Because he needed it, and he wanted it. DISTASO: John did? PETERSON: Yes. DISTASO: Was John aware that there was a GPS nit in the car? PETERSON: No. DISTASO: Were you aware of that? PETERSON: No. DISTASO: Do you know if Scott was aware of that? PETERSON: No. We used to joke about it. But not know. It didn't seem possible. DISTASO: So your testimony is that no one in the family, including the defendant, knew that there was a GPS unit in his car? GERAGOS: There would be an objection as to, JUDGE: No one in the family? GERAGOS: Calls for speculation. She can testify what they, JUDGE: She didn't KNow. And probably the brother didn't know. You say everybody in the family. We don't know about his father, this other brother and sister-in-law. DISTASO: Right. I'm only talking about yourself, Scott, John, and his father Lee. You are saying that none of you folks knew that there was a GPS unit in the car? PETERSON: I'm saying we didn't believe it was possible. DISTASO: The second amount of money that you gave him, how much was that? PETERSON: 10,000. DISTASO: And when was that? PETERSON: The day I met him at the museum. The 17th of April. DISTASO: What was that money for? PETERSON: That was for the money that I had, in error, taken the out of his account, to replace it, so he could pay his bills. DISTASO: Okay. And up to this point, you and his father had been putting money into his account, is that right? I mean in January, you put some in, I think, in February? Money you and his father had been putting money into his account, correct? PETERSON: No, I don't think so. DISTASO: Okay. PETERSON: I settled his moneys later. But not, I don't think in January or February. DISTASO: Hold on one second. I need to pull something. DISTASO: Mrs. Peterson, let me just show you real quick a phone call that was intercepted between your husband and the defendant on January 14th of 2003. Let me just have you read, just read this to yourself. JUDGE: Just read to it yourself, Mrs. Peterson. DISTASO: Just read about where my hand is here. PETERSON: I don't know about that. DISTASO: Okay, it's, PETERSON: That's my husband. DISTASO: So you weren't aware that your husband, GERAGOS: Be an objection. There is no foundation. JUDGE: Overruled. DISTASO: You weren't aware that Mr. Peterson, the defendant's father, was giving him, at least on January 14th, according to this phone call, about $5,000, putting into his account? PETERSON: I didn't see that there. And the print is so small I can't read it. I need my glasses. DISTASO: Oh. PETERSON: I don't see anything there. DISTASO: Do you want to look at it to again to see? I'm happy to give as much time as you need. PETERSON: Well, I need my glasses. DISTASO: Well, judge, I don't want to know how to handle this. JUDGE: She doesn't have her glasses, unless they are there. PETERSON: They are in the outside pocket. JUDGE: We'll give you your purse. You can fish them out. PETERSON: Thank you. I'm sorry. JUDGE: First of all, does that refresh your recollection as to whether or not you and your husband were contributing funds to your son? PETERSON: No. I didn't know anything about that. JUDGE: You don't know anything about the $5,000? PETERSON: I don't see that there. DISTASO: So let me just ask you then. Were you, let's not go with Mr. Peterson. Let's just go with you. Were you putting money into your son's account kind of throughout the month of January, February, and March? PETERSON: Not to my memory. DISTASO: And you don't know if your husband was doing that or not, is that your testimony? PETERSON: That's right, I do not know. DISTASO: In Carmel, when you and Laci were shopping in Carmel, Laci and Scott drove to Carmel in their own car, correct? PETERSON: Yes. DISTASO: So they met you there at the hotel? PETERSON: Yes. DISTASO: All right so when the defendant, Scott, and his father went to play golf, there was a car available to you? PETERSON: Neither of us could drive it. It was like two feet off the ground, and neither of us can fit to the steering wheel. So that's just, in retrospect, because somebody said that to us. But when you are in Carmel you walk. That's what you go there for. DISTASO: What car was it that they drove to Carmel? PETERSON: A truck. DISTASO: The truck? And you said Laci was slower, is that right? JUDGE: She said she was swollen. PETERSON: Like me. DISTASO: I think she said slower. JUDGE: Did you say slower or swollen? PETERSON: Slower than normal. JUDGE: Slower. Okay. I'm sorry, I misunderstood you. Slower. All right. DISTASO: And, PETERSON: No. I need to correct something. I don't know what they drove there, because we never saw it. You park way down around the back. And I'm making that assumption. So I have no idea. DISTASO: Let me just ask you this then. You met Laci and Scott there at the hotel, correct? PETERSON: Yes. DISTASO: They drove themselves there? PETERSON: Yes. DISTASO: The hotel has parking? PETERSON: Some. DISTASO: It has a parking lot? PETERSON: Yes. DISTASO: For guests of the hotel, correct? PETERSON: Yes. DISTASO: Okay. And the area down at the beach where you went has a parking lot, correct? PETERSON: Yes. DISTASO: And the area out by the shopping center has areas to park on the street, is that right? PETERSON: Yes. DISTASO: I understand, I think we can see you. You require oxygen, is that right? PETERSON: Yes. DISTASO: And that's a condition that you have with your lungs? PETERSON: Yes. DISTASO: Did you have that condition when were you in Carmel in 2002? PETERSON: Yes. DISTASO: The date of the, of this photograph that we looked at, this was at the baptism of Ann Bird's child, is that right? PETERSON: Yes. DISTASO: And is that the child that Scott is holding here? PETERSON: Yes. DISTASO: And this was January 12th of 2003? PETERSON: Yes. DISTASO: That was the after Laci went missing, correct? PETERSON: Yes. DISTASO: Up to this point in time, including the time here in January, you or your husband were not aware of what was going on in your son's personal life with Amber Frey, or anything of that nature, right? PETERSON: Yes. DISTASO: What when you gave money to the defendant for the car in April, were you aware that he was going to buy that car, the car in your name? PETERSON: Yes. DISTASO: And why was it that he was going to buy the car in your name? PETERSON: Because I told him to buy it in my name. DISTASO: Why is that? PETERSON: Because he kept losing cars. DISTASO: And what do you mean, because of the police impounded his truck? PETERSON: Yeah. So he couldn't afford to lose another one. DISTASO: Okay. So that the police had impounded one of his trucks, correct? PETERSON: Well, yes. DISTASO: Okay. And so he had access to the Land Rover, right, in January? PETERSON: Yes. DISTASO: And he, and he had access to his Dodge truck. The police had impounded it for a day or two, but he had that, right? GERAGOS: Objection. PETERSON: Yes. GERAGOS: Objection. Vague as to when. I believe that was February. JUDGE: He wanted to know. February, or was it January? DISTASO: She said he was losing all of his cars. JUDGE: I know what she said. The question is, when she was aware that he had the white Dodge. DISTASO: Let's go back through this. DISTASO: The police impounded one of his trucks, correct? PETERSON: Yes. DISTASO: But that they kept there? PETERSON: Yes. DISTASO: Laci had a Land Rover, right? PETERSON: Yes. DISTASO: And that car was impounded for, I think, until January 3rd, and then returned to your son, right? PETERSON: The Ranger? DISTASO: Yes. PETERSON: Yes. DISTASO: And then he sold that car on January 29th, right? PETERSON: Yes. DISTASO: So the police didn't take that car when he sold it, correct? PETERSON: Right. DISTASO: Okay. And then he bought a Dodge truck with it, right? PETERSON: Yes. DISTASO: And then I think on the 18th and the 19th they impounded that car, right? PETERSON: I believe so. I don't know all these dates and stuff. I'm just agreeing with you. DISTASO: About they gave it back to him, right? PETERSON: Yes. DISTASO: And he had that Dodge truck, as far as you know, from February 19th, or whenever the police gave it back to him, up until April of 2003, right? PETERSON: Yes. DISTASO: Police hadn't seized the car, any car in that month period of time, right? PETERSON: No. DISTASO: And the when he went to sell the car to his brother John, you testified that he was only selling that car because he John wanted his truck, correct? PETERSON: Yes. DISTASO: And so he wasn't selling that car because the police impounded it, correct? PETERSON: No. DISTASO: He wasn't getting another car, he wasn't buying the Mercedes that we saw because the police impounded the truck, correct? PETERSON: Right. DISTASO: The car that he bought, the Mercedes, that was bought for him to use, right? PETERSON: Yes. DISTASO: And all the things that were in the car, none of that belonged to you, correct? PETERSON: Yes. DISTASO: Nothing further, your Honor.
Redirect Examination by Mark Geragos GERAGOS: See if I got this straight. The first truck, which is a brown truck, was impounded on December 26th, right? PETERSON: Yes. GERAGOS: That was Scott's work truck, and the truck that you were talking about for, that you assumed was taken to Carmel, right? PETERSON: Yes. GERAGOS: That's, best of your knowledge, how long did the police hold onto that truck? PETERSON: For a year, I believe. GERAGOS: And during that year, were payments being made on that truck? PETERSON: Yes. GERAGOS: Okay. So you are making payments on a truck that's in police custody, correct? PETERSON: Yes. GERAGOS: And then, and they took, as far as you know, they also took the Land Rover for at least a week, right? PETERSON: Yes. GERAGOS: And then in January, that Land Rover went back and forth to the police department several times, isn't that correct? PETERSON: Yes. They wrecked it. GERAGOS: During that time that the Land Rover went back and forth, he still making a payment, a January payment on the truck he doesn't have, right? PETERSON: Yes. GERAGOS: And then he trades in the Land Rover, and he's paying a payment on the new truck and a payment on the truck that's in Modesto PD, right? PETERSON: Yes. GERAGOS: He's got two payments every month, right? PETERSON: Yes. GERAGOS: That goes January, right? PETERSON: Yes. GERAGOS: February? PETERSON: Yes. GERAGOS: March? And then in April he says, I'm not going to continue to make two payments on two trucks, one of which I'm driving, and he wants to get rid of that truck, right? PETERSON: Yes. DISTASO: Objection. Actually calls for speculation. PETERSON: No, he makes sense. JUDGE: We don't know what is, excuse me, Miss Peterson. You are asking for her to read her son's mind. Objection sustained. Jury can disregard the answer. GERAGOS: John is going to take over the payments, correct? PETERSON: Yes. GERAGOS: And John is taking over the payments so Scott only has one payment to make for the truck that Modesto PD has got, right? PETERSON: Yes. GERAGOS: He's going to pay cash and not take out a loan on this red Mercedes, whatever, cardinal-colored Mercedes, correct? PETERSON: Yes. GERAGOS: Now, Mr. Distaso was asking you about Carmel and about what cars, there was a car available to you. I'm asking you today, do you understand you are under oath, right? PETERSON: Yes. GERAGOS: Did you walk with Laci around Carmel? PETERSON: Yes. GERAGOS: Did you drive with Laci around Carmel? PETERSON: No. GERAGOS: Okay. Did you walk to those stores that I listed before, the Sharper Image, and Peter Rabbit, and the others? PETERSON: Yes. GERAGOS: Did you ever see that picture in this trial of Laci and Scott on the beach in the, PETERSON: Yes. GERAGOS: Do you know who took that? PETERSON: Looked too good to be mine. We were with them. GERAGOS: What? PETERSON: We were with them. I don't usually take that good a picture. But it could have been. GERAGOS: Okay. And I assume, did you drive down, did you guys have a four-wheel ATV vehicle, or drive down to the beach, or did she walk? PETERSON: We all walked. GERAGOS: How would you walk down to the breach? Would you go down a trail to the beach? PETERSON: It's down a street, and you come down to the beach in the sand. GERAGOS: And Laci, six days before she went missing, was able to walk down to the beach? PETERSON: Yes. GERAGOS: She was able to walk in to town? PETERSON: Yes. GERAGOS: And walk all over with you for hours, correct? PETERSON: Yes. GERAGOS: And the money that Mr. Distaso was talking about in this phone call, did you end up paying some other bills in January and February, stuff for a Laci Info Line, things like that? PETERSON: I did. GERAGOS: Did you pay, send money for, or sign checks to send money for web sites? PETERSON: I'm not sure if I did that. I knew that I was involved in that at one time. GERAGOS: Were you paying other kinds of bills in connection with the search? If they were bills that were given to you, were you writing checks for them? PETERSON: I don't recall. It was such a terrible time, I just did whatever I needed to do, what we could do. You know. It's possible, but I don't recall. GERAGOS: Thank you. I have no further questions. |