Lee Peterson

Preliminary Hearing

October 31, 2004

Direct Examination by Rick Distaso

DISTASO: Mr. Peterson, would you state your full name and spell your last name for the record?

PETERSON: Lee Arthur Peterson, P-E T E-R-S-O-N.

DISTASO: Sir, the defendant in this case is your son; is that correct?

PETERSON: I'm proud to say Scott's my son.

DISTASO: The -- you and your son would -- during the time period let's just say between October and April, October of 2002 and April of 2003, it was a common practice for your son or the defendant and you to speak on the phone; is that right?

PETERSON: Fairly common.

DISTASO: Okay. And you would -- you would either call his cell phone or he would call yours on the order of how often? You tell us.

PETERSON: Maybe once or twice a week.

DISTASO: Okay. And did you speak to the defendant on December 24th of 2002 by phone?

PETERSON: Yes, I did.

DISTASO: Do you remember what time that phone call was?

PETERSON: I don't exactly. I think somewhere between noon and 2:00 PM.

DISTASO: During that time, did the defendant ever tell you that he had been fishing at the Berkeley Marina?

PETERSON: No.

DISTASO: There's a picture, People's 47, up there in front of you. If you could take a look at it, please. Do you recognize the defendant's truck in that picture?

PETERSON: I recognize the truck.

DISTASO: Okay. Prior to December 24th of 2002, did you -- were you ever told by the defendant or anyone else that the defendant had purchased a boat?

GERAGOS: Objection. It's compound and hearsay.

JUDGE: Sustained on compound.

DISTASO: Prior to December 24 of 2002, did you have any knowledge from any source that the defendant owned a boat?

PETERSON: No.

DISTASO: So I take it that the boat in that particular picture, People's 47, up until December 24th, you had never seen that boat before?

PETERSON: That's correct.

DISTASO: Nothing further, Your Honor.

JUDGE: Mr. Geragos.

GERAGOS: Thank you.

Cross Examination by Mark Geragos

GERAGOS: Good morning.
PETERSON: Good morning.
GERAGOS: Lee, Scott and you spoke for how long on the 24th?
PETERSON: It was pretty brief. I would guess two minutes.
GERAGOS: Okay. And had you just -- well, would it be unusual for Scott to have made a purchase and to not have told you about it?
PETERSON: Oh, yeah.
GERAGOS: That would be unusual or that would be usual?
PETERSON: I'm sorry. Restate the question, please.
GERAGOS: Would -- in the past, has Scott made purchases and not spoken to you about them?
PETERSON: Yes.
GERAGOS: Okay. Can you give me an example?
PETERSON: Scott bought a motorcycle when we lived in Morro Bay, and I didn't know about it until six months later. He had bought a catamaran.
GERAGOS: Is a catamaran a boat?
PETERSON: Yeah, it's a --
GERAGOS: Style of boat?
PETERSON: With outriggers and it's very fast and it's something he didn't tell me about. I never saw it. I don't think I saw it, and then he told me he sold it.
GERAGOS: Okay. Any other purchases that you can think of that he's made that he didn't immediately tell you about?
PETERSON: Yeah, at least one car. He pulled up in front of our house on a visit with this Ford F150 that's pictured here, and we had no idea that he had bought a new car.
GERAGOS: Okay.
PETERSON: It wasn't Scott's nature to call me on every purchase.
GERAGOS: Okay. Find anything unusual about the fact that you talked to him for two minutes and he did not tell you about that purchase of a boat? Is that unusual to you given what -- you've known him your entire life or his entire life? Is that unusual?
PETERSON: No. We talked about our plans that day, each other's plans were for the Christmas holiday.
GERAGOS: Thank you. I have no further questions.

Redirect Examination by Rick Distaso

DISTASO: So, Mr. Peterson, how many times did the defendant call you on the 24th?

PETERSON: I believe just the one time.

DISTASO: Could it have been more than?

PETERSON: I don't think so.

DISTASO: Okay. And you said you talked about what you were going to be -- what you were doing. Were you talking about what you were going to be doing on the Christmas Day holiday or what you were doing that particular day?

PETERSON: On Christmas Eve, that day.
DISTASO: Okay. Nothing further, Your Honor.
GERAGOS: No further questions.
JUDGE: You may step down.