|
Alex Quick
Witness for the People: Guilt Phase September 22, 2004
Direct Examination by Rick Distaso DISTASO: Agent Quick, while we are doing that, where do you work? QUICK: Department of Justice, California Bureau of Investigation. DISTASO: What are your duties there? QUICK: I'm a Special Agent currently assigned to the Sexual Assault Felony Enforcement Task Force. DISTASO: And are you a sworn peace officer? QUICK: Yes, sir. DISTASO: How long have you been a sworn peace officer in the State of California? QUICK: Just over five years. DISTASO: As part of your duties with the Department of Justice, were you asked to assist in some surveillances of Scott Peterson that took place in April of 2003? QUICK: Yes, sir. DISTASO: Do you recognize Mr. Peterson as he sits here today? QUICK: Yes, I do. DISTASO: When you were involved in the surveillance in April, was there any difference in the way Mr. Peterson looked back in April of 2003 as he does as he sits here in court today? QUICK: Yes, sir. The last time I saw the defendant he lost some weight. He had different colored hair, orange, blonde tint, a thick goatee, and eyebrows were lighter in color. DISTASO: Okay. As you see him here today, is he lighter or heavier than he was when you saw him back in April? QUICK: He's lighter today. DISTASO: Looks like he's lost a little bit of weight, to you? QUICK: Yes. DISTASO: Let me show you some photographs, People's 276A through E. And go ahead take a look at all of those. Then when you are done, just let me know, actually, since you only got one hand, I'll show them to you. Here is A, B, C, 276D, and 276E.Do those photographs accurately reflect the appearance of Mr. Peterson as you saw him back in April of 2003? QUICK: Yes, sir. DISTASO: Your Honor, some of these photographs are just a little blurry because they are from surveillance stuff. What I would prefer to is, instead of putting them on the cameras, pass them to the jury, let them take a look at them. JUDGE: Okay. You better identify A, B, C, D, E before you pass them out to the jury. DISTASO: Okay. 276E is a picture of Mr. Peterson when he was arrested. JUDGE: Why don't you have this guy testify to that? DISTASO: Okay. I thought I just asked him if they accurately his appearance. JUDGE: I know, but, DISTASO: We'll go through each. DISTASO: 276E, what is that a picture of? QUICK: That's a picture of the defendant post arrest. DISTASO: And 276D? QUICK: The same. DISTASO: How about 276C? QUICK: That's post arrest also. DISTASO: All right. And 276B? QUICK: Yeah. Subject prior to the arrest. DISTASO: Is that during the surveillance? QUICK: Yes, sir. DISTASO: Do you know what day that was? QUICK: That would be April 18th. DISTASO: Of 2003? QUICK: Yes. DISTASO: What about 276A? QUICK: Also on surveillance, April 18th. DISTASO: And the last two, A and, B were prior to Mr. Peterson being arrested? QUICK: Yes, sir. DISTASO: With that, your Honor, JUDGE: Do they accurately reflect the way he appeared at the time you observed him? QUICK: Yes, sir. JUDGE: Do you have any objection, Mr. Geragos, for the record? GERAGOS: I didn't think they were that blurry. If that's what he wants to do, that's fine. JUDGE: That's all right. You can pass them to the jury then. DISTASO: I'm going to pass A and B to the front row, and the remainder to the back. JUDGE: Are you going to publish some to the front and some to the back? DISTASO: That's right. JUDGE: All right. 276A through E may be admitted in evidence, take the same number. DISTASO: Mind if I take a moment? JUDGE: No. Let them look. When they are done, you can, DISTASO: I think they have gone through the jury. I'll just keep going. JUDGE: Jenne can collect them. DISTASO: Agent Quick, when did your involvement in the surveillance start? QUICK: January 29th, 2003. DISTASO: You were involved in some initial surveillance in January, correct? QUICK: Correct. DISTASO: That was on the 29th, and then I think again on February 3rd? QUICK: Correct. DISTASO: All right. When you were involved in those, in the surveillance on those days, did the defendant appear as he does pretty much in court here today? QUICK: Yes, sir. DISTASO: Talking about his hair color and lack of goatee? QUICK: Yes. DISTASO: And then now jumping forward to April. In April when did your involvement in the surveillance start? QUICK: April 14th. DISTASO: And what were you tasked to do at that time? QUICK: On the 14th I was asked to locate the defendant and, if so, observe his activity. DISTASO: So you were just basically tasked to follow him? QUICK: Yes. DISTASO: And how did you go about trying to find the defendant? QUICK: I received information from another agent on my team to check an address and to locate the white Dodge Dakota in the Ocean Beach area. DISTASO: And did you have information that Mr. Peterson's Dakota had a GPS tracker placed in it? QUICK: Yes, sir. DISTASO: Did you have information that that car was down in the San Diego area? QUICK: Yes, sir. DISTASO: Is that where the office is that you work out of? QUICK: Yes, sir. DISTASO: When you, did you find that vehicle at some point on the 14th? QUICK: Yes, sir. When I arrived it wasn't there. I think within a half hour it arrived. DISTASO: Okay. And who was driving it? QUICK: At the time it was just an unidentified white male adult. DISTASO: Did you eventually determine who that person was? QUICK: Yes, sir. DISTASO: And who was that? QUICK: It was the defendant's brother, John Peterson. DISTASO: On the 14th did you ever locate Mr. Peterson, Scott Peterson, here in court? QUICK: No, sir. DISTASO: And then on the 15th did you go back and look for the Dodge Dakota again? QUICK: Yes, sir. Went to the same address. DISTASO: And how did you go about attempting to find it the next day, on the 15th? QUICK: The 15th, we were assigned different addresses to go check. I initially started at the defendant's parents business. I first located the truck there. I lost sight of it after a few minutes, and relocated back at the same address in Ocean Beach. DISTASO: And did you find the truck? QUICK: Yes. DISTASO: Was the defendant driving it? QUICK: No. DISTASO: Who was driving it? QUICK: His brother John. DISTASO: The same person you saw from the day before? QUICK: Yes. DISTASO: On the 16th did you eventually locate Mr. Scott Peterson? QUICK: Yes, we did. DISTASO: And where did you locate him at? Where was he? QUICK: We located him at an address that was new to us in the Point Loma area. DISTASO: That is down in San Diego? QUICK: Yes, sir. DISTASO: And when you saw him the 16th, did he have the, you called different-colored hair that you, and goatee you saw in the photograph you have already identified? QUICK: Yes, sir. DISTASO: On that particular date, did you know which vehicle was associated with him? QUICK: There was a few. First observation we had to identify even was the defendant, with the appearance change. According to what I have read in the reports I have heard on the radio, he was associated with a Lexus and a Mercedes. DISTASO: You said you hadn't determined it was him. Did you eventually determine that was Mr. Peterson. QUICK: We did. DISTASO: The defendant? QUICK: Yes. DISTASO: On that particular day, did you actually kind of follow him around, get up close enough to him to see who he was? QUICK: Yes, sir. DISTASO: You personally did that? QUICK: Yes, sir. DISTASO: I want to jump ahead to the 18th. Now, was 18th the day that the defendant was actually arrested in this case? QUICK: Yes, sir. DISTASO: And let's just start in the, right from the beginning. When did you start surveillance on the 18th? QUICK: Approximately 7:00 o'clock a.m. DISTASO: Had you been involved in surveillance the day before, on the 17th? QUICK: Yes, sir. DISTASO: What time did your shift end on the 17th? QUICK: Midnight. DISTASO: Midnight? And then you joined the surveillance at 7:00 o'clock? QUICK: Yes, correct. DISTASO: Let's just start, kind of tell us what happened. At 7:00 o'clock you start up with the surveillance, and what happened? JUDGE: Wait a minute. Where was the surveillance located? Where did surveillance start on the 18th? QUICK: It started in Escondido, California. JUDGE: Escondido. Did you have an adress? QUICK: Yes, we did. JUDGE: Were you able to determine who lived at this address? QUICK: We knew it was a relative. And we didn't realize Mr. Peterson was there until 6:00 o'clock that morning when he walked out. JUDGE: Were you present when he walked out? QUICK: No, sir. JUDGE: You were told that he walked out? QUICK: I was. When I joined the surveillance an hour later, I was told this is, the defendant is in a car. JUDGE: All right. Go ahead. DISTASO: So you joined the surveillance at 7:00 o'clock? QUICK: Correct. DISTASO: What car was Mr. Peterson in at that time? QUICK: He was in a maroon-colored Mercedes Benz. DISTASO: As you, can you take the jury, you said you started in Escondido. Was it a residential neighborhood? QUICK: Yes, sir. It's North County San Diego, residential neighborhood. I believe it was a gated community. DISTASO: Okay. And what happened? You guys started following him. What happened next? QUICK: Surveillance went south from Escondido on Interstate 15. And when I caught up, he actually went back to the Ocean Beach area. I wasn't there yet. That's what I heard when I was briefed when I got there. Drove to the Ocean Beach area. And he then headed northbound on Interstate 5. And that's where I joined the surveillance around the Clairmont Drive exit. DISTASO: When you joined the surveillance right at 7:00 o'clock, were there indications that Mr. Peterson knew he was being followed? QUICK: Right about that time, GERAGOS: Objection. Calls for speculation. JUDGE: I think he can answer that. Did Mr. Peterson do anything that led you to believe that he knew he was being followed? QUICK: Right as I caught up to the defendant, yes. DISTASO: And what was that? QUICK: He made an exit off of the freeway, immediately got back on. DISTASO: Okay. Did, as you kind of continued with the surveillance, did Mr. Peterson contact you in any way, or do anything to you that made you realize that he knew you were following him? QUICK: Me, personally? DISTASO: Yes. QUICK: Yes, he did. DISTASO: What was that? QUICK: He displayed his middle finger. DISTASO: Okay. And when he did that, when it was obvious that he was doing that to you, I mean he knew you were following him? GERAGOS: Objection. Calls for speculation. JUDGE: Sustained. Jury can, has to draw inferences from the conduct. DISTASO: That's fine, your Honor. I'll move on. DISTASO: Okay, after he displayed his middle finger to you, what happened next? QUICK: After that we just continued to follow him around an area of San Diego. Nothing else personal to me. DISTASO: As he was going through these areas in San Diego, what was the defendant's driving pattern like? QUICK: It was different. He did a few maneuvers. DISTASO: Like what? QUICK: Stopped on the side of the freeway. When we got to the residential area, which is, it's a residential, windy road, did some stops, three point turns, u-turns, fast speed, slow speeds. Just different driving. DISTASO: Would it be fair to say he was having an erratic driving pattern? QUICK: Yes, sir. GERAGOS: Fair to say that was a leading question. JUDGE: I think so, sustained. GERAGOS: Thank you. JUDGE: Jury can disregard it. You have to ask him to describe it. DISTASO: That's fine, judge. DISTASO: Eventually did Mr. Peterson leave the residential area? QUICK: Yes, sir. DISTASO: And where did he go? QUICK: He got back on Interstate 5 and went northbound. DISTASO: Let me show you People's 277. Is this a map that you are familiar with? QUICK: Yes. DISTASO: And how is it that you are familiar with this particular map? QUICK: This is the route we traveled on the day of the 18th. DISTASO: And did I have you highlight the route that you took that morning before the arrest? QUICK: Yes, sir. DISTASO: Agent Quick, if I could just have you approach the, it's going to be easier if you stand up there by the board and just use this particular pointer. And, if you could, just take the jury through the route that you followed Mr. Peterson prior to his arrest on the 18th. QUICK: Okay. DISTASO: And before you start, let me ask you, when you, about what time of morning was it that you got on to the freeway, I-5, going north? QUICK: After the residential? DISTASO: Un-hun. QUICK: I would say 7:45. DISTASO: Okay. And what happened next then? Just kind of take us through it. QUICK: This would be the residential area from here. DISTASO: Okay. For the record, you are pointing to the X right down by the little "5" there for I-5? QUICK: Headed northbound, I-5, into Orange County. DISTASO: Okay. And how long did it take you to drive, follow Mr. Peterson up there into the Orange County area? QUICK: I would say another hour. DISTASO: During the time that you were on the freeway going north there, did Mr. Peterson make any indications that he knew he was still being followed there on the freeway? GERAGOS: Be an objection. Calls for speculation as for his, I don't know why he can't just ask what the driving was. JUDGE: Yeah, I think so. Can you describe what the driver did? QUICK: Yes, sir. For most of the route he was moving probably with the traffic. Once we got into Orange County I would say the border checkpoint in San Clemente, Orange County, some of the driving started to change. DISTASO: Let me stop you. Just in case people aren't familiar with, can you point out where San Clemente is on the map? QUICK: It's right here. DISTASO: And, at that location, is there an agricultural, slash, immigration-naturalization checkpoint there on the freeway? QUICK: Yes, there is an immigration check point. DISTASO: And can you just briefly tell us what that is? QUICK: Okay. Probably four to five lanes. As you are driving through, you have to stop and just kind wave you through, take a look at you. So when we stopped here, we were lagging behind a little bit. Defendant got past us. And we caught back up with him. DISTASO: Did you have constant visual surveillance on Mr. Peterson throughout this entire morning? QUICK: My team did. I didn't personally. DISTASO: Go ahead. Then what happened next? You went through the border checkpoint. What happened next? QUICK: Once. Okay, being on I-5 north, I hear a radio transmission that Mr. Peterson exited. I'm not sure of the exit. And as the unit followed him, he displayed his hand, waved at them, got back on the freeway. DISTASO: And what happened next? QUICK: Next we continued northbound. I was catching up at this point. And this is the 57 north freeway. From the 5 north to the 57. Mr. Peterson jumped from probably the number three lane, I'm not sure middle lanes, to the 57. Last minute decision, or a maneuver to see if anyone was following him. So we had to do the same. DISTASO: Did you, then did you, did surveillance continue on to the 57? QUICK: Yes, sir. DISTASO: How many cars total were in the surveillance at this point? QUICK: I would say there was nine or ten. There was two shifts that were slowly coming and going. DISTASO: During the surveillance, was the decision made to, what was, what were your instructions that if Mr. Peterson figured out he was being followed, you were supposed to break off surveillance, or continue surveillance? QUICK: No, sir. We were going to continue the surveillance even if he saw us. DISTASO: Even though he was waving his, GERAGOS: Objection. Leading. DISTASO: Showing you his middle finger. JUDGE: Sustained. DISTASO: Go ahead. What happened next? QUICK: 57 north from I-5 in Orange County, we then took the 91 east. I believe this is 91. 91 eastbound towards Riverside County. And I did not have eyes on the defendant. I was listening on the radio. DISTASO: And what happened next? Where did you go? QUICK: From there we hit Interstate 15, Riverside, and we started to travel southbound. DISTASO: About what time was it that the defendant turned around and started to travel back down towards the San Diego area? QUICK: I would say 9:45. DISTASO: Do you need to check your notes, or do you think that's a fair estimate? QUICK: It would help if I checked my notes. DISTASO: Go ahead. Do you have it? QUICK: Yes, sir. DISTASO: Go ahead. About when did you make the turn, start coming south? QUICK: 10:00 o'clock. DISTASO: Okay. And what happened next then? So you started going down the I-15? QUICK: At this point we're headed back to San Diego. We were going back south. We get into the City of Temecula, South Riverside County. And it's the first time the defendant stops. DISTASO: That morning since you had been on the freeway? QUICK: Yes. DISTASO: And what was the reason for the stop? QUICK: He got gas. DISTASO: The pictures that we saw, so the record is clear, this is 276A and B. Are these pictures from when Mr. Peterson stopped on the morning of the 18th? QUICK: Yes, sir. He's at the ARCO gas station. DISTASO: Go ahead. What happened next? QUICK: Mr. Peterson pumped gas, went into the store, I guess paid, came back, and again jumped on Interstate 15 southbound. DISTASO: Where did you go? QUICK: Headed south into North San Diego County, back to Escondido, and he exited Valley Parkway to exit Del Dios Highway. DISTASO: And what portion of San Diego County is that? QUICK: It's still north county. DISTASO: And what was Mr. Peterson's driving pattern on the way back down I-15? QUICK: I-15 it changed a lot. It went from driving slow, wasn't a lot of traffic going southbound, 45 to 50, to where we had to really pull back, to speeding up again. DISTASO: I got a little confused. The traffic was doing that, or that was Mr. Peterson's driving? QUICK: That was Mr. Peterson's driving. Hardly any traffic. So as he's on the freeway, we're behind him. He slows down, he speeds up. DISTASO: Okay. And, anyway, he gets off the freeway. What happened next? QUICK: Gets over the Del Dios. This area is pretty much the same residential area as where he was in the morning. Not so much residential. Wide, curvy roads. Low speed limit. I followed him off the exit. As he approached the Del Dios, he passed a pickup truck, and we lost him for, I think, fifteen minutes. DISTASO: When he passed the pickup truck, can you explain what happened? QUICK: It was a two lane road, big cliff, guardrail. And he passed the truck. And I was just caught behind traffic. So I radioed to surveillance, you know, try to locate him. Approximately 15 minutes later one of our agents located him. DISTASO: What happened next? QUICK: What happened next was basically just the units trying to keep up with him in this neighborhood. We weren't sure where he was going. Didn't appear to have a destination. GERAGOS: Objection. Motion to strike. JUDGE: Overruled. QUICK: We just were basically play catchup. DISTASO: And I'm going to have you sit down in a minute. Just show the jury about where this trip ended. There on the map you drew a little dotted line. What does may mean? QUICK: Yeah, this doesn't appear on the map. But this is the surface road, Del Dios Highway that leads to the end of the street. That takes us to the coast. Ended up in Torrey Pines. DISTASO: Torrey Pines is what? QUICK: Torrey Pines is in La Jolla, golf curse parking lot where we ended up in La Jolla down in the San Diego area. DISTASO: You can go back and have a seat.After that 15 minute break that you told us about where you, where the surveillance had lost Mr. Peterson, did they eventually find him again? QUICK: Yes, sir. DISTASO: And where did they relocate him? QUICK: I can't quite recall the street name. DISTASO: Somewhere down in the La Jolla area? QUICK: Yes. DISTASO: What happened next? QUICK: Next there was talk from my supervisor to make an arrest. DISTASO: At that point it was decided to arrest Mr. Peterson? QUICK: Yes, sir. DISTASO: And do you know who actually stopped him? QUICK: Yes, sir. DISTASO: Who was that? QUICK: That was my supervisor Ernie Limon. DISTASO: Were you involved in the group of officers that actually stopped Mr. Peterson and arrested him? QUICK: No, sir. DISTASO: Did you go to that scene where they had stopped Mr. Peterson? QUICK: Yes, sir. DISTASO: What happened when you got there? QUICK: As soon as I arrived, Mr. Peterson was just handcuffed. And what I did is, I parked and directed traffic so people would keep moving in there. We stood by for Modesto to arrive on the scene, and for orders from our supervisor what to do. DISTASO: Did you locate a large quantity of money somewhere in Mr. Peterson's car? QUICK: Yes. DISTASO: And where was that? QUICK: The driver's side door compartment. DISTASO: Can you describe for the jury what you mean by the driver's side door compartment? QUICK: Yeah. In the driver's side door, most of them have a pocket or a compartment. I believe was a hard compartment, not a pocket. And there was a white envelope inside. DISTASO: And what type of car was this that he was in? QUICK: Mercedes. DISTASO: And this was the maroon Mercedes you talked about earlier? QUICK: Yes. DISTASO: And did you also locate some quantity of money on Mr. Peterson's person? QUICK: Yes. DISTASO: And where did you find that? QUICK: It was located in his right front shorts pocket. DISTASO: Now, out there at the scene, let me just ask you, what did you do with the money? QUICK: The money I placed in transparent evidence bag from our department, sealed and initialed dated it. The large amount of money I gave to my supervisor to transport to the office. DISTASO: And that was Ernie Limon? QUICK: Yes. DISTASO: And what did you do with this smaller, where was the larger amount of money found? QUICK: That was in the white envelope inside of the driver's side door compartment. DISTASO: And out there at the scene did you personally count the money? QUICK: No, sir. DISTASO: You said there was a smaller quantity of money in Mr. Peterson's pants pocket? QUICK: Yes. DISTASO: What did you do with that particular group of money? QUICK: That money I put in a separate evidence bag from the larger amount. DISTASO: Did you personally count that money out there at the scene? QUICK: No, sir. DISTASO: What did you do with that money? QUICK: That money I placed in an evidence bag, in an evidence bag. I sealed the bag, initialed, dated, and I transported it back to the office. DISTASO: And who did you give it to back at the office? QUICK: Ernie Limon. DISTASO: Did you count, personally count either of these two amounts? QUICK: No, sir. DISTASO: Nothing further, your Honor.
Cross Examination by Mark Geragos GERAGOS: Good afternoon, Officer Quick. QUICK: Good afternoon. GERAGOS: The first day that you had surveillance you said was in January? QUICK: Yes, sir. GERAGOS: And on the 29th through the 3rd? QUICK: Yes, sir. GERAGOS: And was that in regards to a trip Mr. Peterson was supposed to be taking to Mexico? QUICK: I don't believe on the 29th. But on the 3rd it was. GERAGOS: On the 3rd were you aware that he was making a business trip to Mexico, correct? QUICK: Yes. GERAGOS: Obviously, were you aware that he went to Mexico and came back? QUICK: Yes. GERAGOS: And then some time in April, you and your team got another call about doing a surveillance of Mr. Peterson? QUICK: Yes, sir. GERAGOS: I have asked some other officers, you are from the Department of Justice, correct? QUICK: Yes. GERAGOS: Is it a fair statement that when you are doing surveillance, you are trying not to be viewed as police officers? QUICK: Yes, sir. GERAGOS: Okay. And I assume you drive in cars that are not marked police cars? QUICK: Yes, sir. GERAGOS: And on the 16th you were following, you and your team were following Mr. Peterson, correct? QUICK: Correct. GERAGOS: And were a number of the cars that were driven on the 16th, two of them Honda Accords? QUICK: Yes, sir. GERAGOS: One of them a green mini van? QUICK: Un-hun. GERAGOS: Is that a yes? QUICK: Yes, sir. GERAGOS: One of them a white Pontiac? QUICK: Yes, sir. GERAGOS: Okay. Now, on the 17th, did you also surveil him? QUICK: Attempted to. Did not locate him. GERAGOS: Okay. On the 16th when you were surveilling him, what was he driving? QUICK: I believe he was driving a blue Lexus. GERAGOS: Okay. And who was that registered to? QUICK: If I can, I could refer to my notes, I can tell you. GERAGOS: Sure. QUICK: Geraldine Grady. GERAGOS: Okay. Now, the 17th you didn't find him. The 18th did you surveil him? JUDGE: I didn't get the name. DISTASO: Geraldine. GERAGOS: Geraldine Grady. GERAGOS: I believe it's spelled in your report G-r-a-d-y. QUICK: Correct. GERAGOS: Okay. The 18th you surveilled him, is that correct? QUICK: Yes, sir. GERAGOS: And that's the day that you arrested him? QUICK: Yes, sir. GERAGOS: Now, when you followed him on the 18th he was driving a maroon or red Mercedes, is that correct? A late model, or an older model Mercedes? QUICK: Yes, sir. GERAGOS: I have got four pictures which I'd like to mark. JUDGE: Defendant's 6W. GERAGOS: Could I make that five? JUDGE: One through five. What's five, notes? GERAGOS: Yeah, the fifth one is notes. I'm going to show you what will be marked in a second, some notes. JUDGE: Got to be 6W-5. GERAGOS: I will represent to you this was found in Mr. Peterson's car. You were there when the car was stopped, correct? QUICK: Yes, sir. GERAGOS: Okay. And there was a number of items that were seized out of the car, correct? The cash with a, QUICK: I'm sure Modesto did. But I only seized the money. GERAGOS: I'll show you some pictures in a second. I'm showing you license plate numbers and some cars. Do you see those? QUICK: Yes. GERAGOS: Those are all the cars I just presented to you, touched aren't they? QUICK: Yes. GERAGOS: And for confidentiality's sake, I'm not going to read into the record. But there is license plate numbers, correct? QUICK: Yes, sir. GERAGOS: Those would be the license plate numbers of the cars that are following, correspond to these cars that you guys were following, is that correct? QUICK: If they are the correct numbers, yes. GERAGOS: Okay. And as I listed the Honda, white Honda Accord, Honda Accord, silver, the mini van, green, the Pontiac that's white. All of those were cars that were surveilling him on April 16th, is that right? QUICK: April 18th. GERAGOS: And starting on the 16th you, if I understand correctly, you started the surveillance on the 16th, couldn't find him on the 17th, and got back to him on the 18th? QUICK: Yeah. They should have been there on the 16th. GERAGOS: Judge, rather than read it into the record, could I pass this around also for the jury? JUDGE: You can publish it. Still don't know where that came from. I'm not clear. GERAGOS: Came from the, I'll link that up with the next officer. JUDGE: All right. Any objection, Mr. Distaso? DISTASO: The only objection I have is that, I mean assuming he's going to lay enough foundation, assuming he is. But if I don't know, after we publish it to the jury, can we put that under seal. It's undercover cars. GERAGOS: That will, Judge, I'm doing it this in this fashion. The license plates, they can show it, look at it. License plates won't be in the record. They can see that there was a note, I'll link that up. Go through, either from one of the Modesto PD, JUDGE: Because of security of the officers, so forth, we'll order that the 6W-5 be sealed and admitted into evidence, because it has confidential license numbers of undercover vehicles. Exhibit D6W-5 admitted in Evidence. GERAGOS: This was marked D6W-1. GERAGOS: This is the car, I assume, that he was driving, is that right? QUICK: Yes, sir. GERAGOS: Okay. And does that look basically how it was when he pulled over? When you got there at least? Is that how the car appeared to be? QUICK: No. GERAGOS: I'm going to show you D6W-2. You see this. Did you go inside the car and see it look like that? QUICK: I didn't notice any of that. GERAGOS: Okay. Did you notice, I'll show you D6W-3, which is close up. Did you notice this? Did you take a look in the passenger seat? QUICK: No. GERAGOS: I'm going to show you, did you notice a notebook that was out with some numbers on it, and some cars? QUICK: No, sir. I didn't search the vehicle. GERAGOS: Okay. I'm going to show you a close-up of that notebook. And this is marked harks D6W-4. Would you tell me, does that look like it's a list of the cars and license plate numbers of the people that were surveilling him? QUICK: I can't confirm the license plate numbers. But those are cars that were out there in surveillance. GERAGOS: You don't know, off top your head, what license plate numbers of the undercover cars? It's a fair statement that the white Explorer, bronze Mustang, what is, that is a brown Impala, a white T-Bird, a black Honda, Ford Taurus, and a Pontiac, all those cars were cars that were part of the team? QUICK: Yes. GERAGOS: Okay. And specifically the, and I ask that we do the same thing for D6W-4 that we did for the note that's being passed around? DISTASO: I don't have any objection. But the understanding that there is going to be further foundation laid with the officer. JUDGE: Are you going to lay it yourself? DISTASO: I mean it will be laid. GERAGOS: It will be laid. JUDGE: So what number that's 4? GERAGOS: D6W-4. JUDGE: We'll admit that into evidence, and we'll order that sealed for the same reason we sealed number 5. Exhibit D6W-4 admitted in Evidence. GERAGOS: And specifically were you there when Mr. Peterson was stopped on the 18th? QUICK: I was there minutes after he was handcuffed. GERAGOS: Wasn't he the one who told you or the other officer where the cash was in the car? QUICK: Yes, sir. GERAGOS: Okay. So when he was pulled out of the car, he was handcuffed immediately, correct? QUICK: Yes. GERAGOS: And he immediately said there is $10,000 in cash in the car? QUICK: No, not immediately. GERAGOS: Within a couple of minutes? QUICK: When he was asked what was in the car. GERAGOS: He wasn't asked, is there money in the car. He said, somebody asked what's in the car, and he said there is cash, and directed you to where it was? QUICK: That's correct. GERAGOS: He also did, the money that was in his pocket, did he identify that there was money in his pocket? QUICK: Yes, sir. GERAGOS: And specifically during this surveillance that we have got there, this is on the 18th? QUICK: Yes, sir. GERAGOS: And what time in the morning did you found him, right here? That's where you started right there? Do I understand that correct? Does that say Ocean Beach? QUICK: Looks like it. GERAGOS: Then I assume this is the direction that he went? QUICK: Yes. GERAGOS: Okay. Heading north? QUICK: After he made a stop off in the residential area where the first X is by the 5. GERAGOS: Okay. Then got back on the freeway? QUICK: Yes. GERAGOS: And the entire time heading north, is that correct? QUICK: That's correct. GERAGOS: At some point it was your opinion that his driving was such that he recognized that somebody was behind him? QUICK: Yes. GERAGOS: Would that have been prior to him making that turn and coming back down south again? QUICK: Yes, sir. GERAGOS: Would have been somewhere in this vicinity right here? QUICK: Yes, sir. GERAGOS: Do you know roughly where this is? That is here? QUICK: Yeah, I do. GERAGOS: And so at some point there is, there was another term that one of the other officers used that is called a, if you get made, don't burn it, so to speak. So you had the opposite. You were going to, if you got made, you still were going to surveil, is that correct? QUICK: Cases are different, yeah. GERAGOS: And surveillances are different, correct? QUICK: Correct. GERAGOS: So, at this point, specifically you are behind him. Even if he's figured out that somebody is following him, you are not going to, you or the other agents were still going to continue to follow him, is that correct? QUICK: Yes. GERAGOS: Now, the entire time that he's being followed by roughly nine or ten cars, periodically, is that correct? QUICK: Correct. GERAGOS: Entire time he's being followed by nine or ten cars, is anybody along this route, and I'll specify the entire, this is all freeway, is that correct? QUICK: Yes. GERAGOS: Okay. Approximately how many miles is that? QUICK: I'd have to say about, approximately a hundred sixty. GERAGOS: Okay. During that hundred sixty miles on the freeway, did anybody ever flash a red light on him to have him pull over? QUICK: No. GERAGOS: Did anybody ever, you know what wigwags are, the headlights, wigwag the headlights on the cars? QUICK: Nobody used those. GERAGOS: Did anybody ever attempt to pull him over? QUICK: No. GERAGOS: Okay. Is the first time that there was an attempt to pull him over once he was at the golf course? QUICK: Yes, sir. GERAGOS: And once he was attempted to be pulled over at the golf course, he pulled over at the golf course, is that correct? QUICK: That's correct. GERAGOS: And, specifically, how long did it take, or how long were you behind him, you and your team, during this hundred sixty miles? How long did that take? QUICK: I was there for four hours. Just over four hours. GERAGOS: Four hours? When he was in the gas station, there was some pictures that were taken, been passed around to the jury. Who took those pictures? QUICK: It believe Agent Lindley. GERAGOS: Okay. Were there various of these cars at the gas station? QUICK: I was parked in the gas station with him. GERAGOS: Okay. How many other people were parked in the gas station in your team, do you remember? QUICK: Whatever agents parked in the pumps across from the defendant and walked in the store when he did. So I was there the whole time. Another agent came halfway through. GERAGOS: Okay. So when he went into the store, one of the agents parked and he went into the store as well? QUICK: That's correct. GERAGOS: And I assume that none of these agents were wearing uniforms? QUICK: Yes, sir. GERAGOS: So nobody was in a police uniform of any kind? QUICK: No. GERAGOS: Nobody was wearing a police jacket that said "Police", or anything, "DOJ"? QUICK: No, sir. GERAGOS: Most of these acts were undercover types, is that correct? QUICK: No. GERAGOS: I mean was anybody, was anybody, would you be able to distinguish that they were officers if you didn't know them? QUICK: Some people would. GERAGOS: They have buzz cuts, or what? QUICK: Yes. GERAGOS: Okay. Is that one of the guys who went inside of the gas station? QUICK: Yes. GERAGOS: Okay. When he came in there, did he confront my client, as far as you know? QUICK: No, he didn't. GERAGOS: Did he just kind of follow him around? QUICK: Yeah. Making sure he came back out the same way he went in. GERAGOS: Okay. Did you, I know that you went into the car, and it doesn't sound like you got a great memory of the way that the car, or what else was in the car besides the money? QUICK: That's correct. GERAGOS: Okay. What you remember today, as you sit here, is that he directed you to where the money was. You got the money, and that was your concern, because it was cash? QUICK: Yes. GERAGOS: As far as the notebooks that were sitting there, or the other notes that I showed you, you recognized the cars as being part of your team, but you don't remember actually seeing the notebook in the car like the picture shows? QUICK: That's correct. Inside was left to Modesto PD. GERAGOS: Okay. And how soon after you pulled, or after your team pulled over Mr. Peterson, you were there within a couple of minutes, correct? QUICK: Yes. Within a minute or so. GERAGOS: You knew this through radio traffic, right? QUICK: Yes. GERAGOS: And once you did that, how long before Modesto PD showed up? QUICK: Approximately fifteen minutes. GERAGOS: And at that point, who secured the automobile? QUICK: Yes, sir. GERAGOS: You did? QUICK: No, I didn't. GERAGOS: Somebody did? QUICK: Yes. GERAGOS: Specifically on the first day that you did the surveillance, was that, that was the 14th, correct? QUICK: First day surveillance that month, yes. GERAGOS: Right. I apologize. In April you were surveilling the 14th through the 18th. And the first day you did it was April 14th? QUICK: That's correct. GERAGOS: And how long did you follow him on that day? QUICK: On the 14th we didn't locate him. GERAGOS: 15th? QUICK: We didn't locate him. GERAGOS: So by the 16th is the first day you located him? QUICK: Yes, sir. GERAGOS: And the 16th the team followed him? QUICK: Correct. GERAGOS: How long did the team follow him on the 16th? QUICK: I'd have to refresh in my notes the time. GERAGOS: Could you do that? What Bates number stamp on the lower right-hand corner? Which page you are looking at? Is the 19894 or 5? QUICK: 892. GERAGOS: 892. QUICK: Approximately three hours. GERAGOS: Would that be a fair statement for that three-hour period of time, that the entire team was also doing this following action again, surveillance action? QUICK: The day, really that day, he walked around on foot so the team was involved. I was on foot walking behind him. GERAGOS: You were on foot walking behind him. How close would you say you would get to him? QUICK: Anywhere from five feet to a hundred feet. GERAGOS: Okay. And when he would be walking around, was he in a residential area, commercial area? Where did you actually go that day? QUICK: Residential area, to a beach community. Kind of a city street. GERAGOS: Did you go to a place that was identified now as a his sister's house? Caudillo? QUICK: No, sir. GERAGOS: Last name of Caudillo, in a street, a place identified to you as his sister's? QUICK: Not that I'm aware of. GERAGOS: Specifically in that community, weren't other officers in cars, or also out walking around following as well? QUICK: Surveillance started in cars until Mr. Peterson acknowledged one of our agents. And at that point I got out of my car and surveilled him on foot behind him. GERAGOS: Okay. So between walking, following him, and in the cars following him, approximately three hours worth of block of time? QUICK: Yes. GERAGOS: Were you there with a special agent by the name of Shear? QUICK: Yes, sir. GERAGOS: Did you explain to Mr. Peterson once he was handcuffed, were you, you approached him, is that correct? QUICK: Yes, sir. GERAGOS: Was he handcuffed when you arrived on the 18th? QUICK: Yes, sir. GERAGOS: When you approached him, you said were you from Department of Justice? QUICK: I didn't. GERAGOS: Special Agent Shear? QUICK: No. The defendant asked us what agency we were with. GERAGOS: Let me show you 19897. If you could just read the yellow highlighted portion to yourself. QUICK: It should be Noted, GERAGOS: To yourself. Just to yourself. Then I'll ask you some questions. QUICK: All right. GERAGOS: Does that refresh your recollection that you and Agent Shear explained to him that you were with the DOJ? QUICK: Yeah. After he asked us. GERAGOS: And then you told him that Modesto PD would be talking to him soon? QUICK: That's correct. GERAGOS: And he specifically asked, DISTASO: Objection, your Honor. It's hearsay. JUDGE: Specifically asked, I think, GERAGOS: What Mr. Peterson asked the officer. Goes to state of mind. DISTASO: His state of mind is irrelevant, Judge. GERAGOS: His state of mind is not relevant? JUDGE: He can explain about state of mind. GERAGOS: That's what I thought. What did Mr. Peterson ask? QUICK: He asked what agency we were with. GERAGOS: And you told him Modesto PD would be talking to him. What did he specifically ask you? You put it in the quotes. Somebody from put it in quotes. "Have they found my wife and son? QUICK: Special Agent Shear. GERAGOS: He specifically asked that. "Have they found my wife and son?" Is that correct? QUICK: Yes, sir. GERAGOS: Okay. You told him you didn't know, or Shear told him you didn't know anything? QUICK: I'm not sure what he told him. GERAGOS: Okay. Thank you. I have no further questions. Redirect Examination by Rick Distaso DISTASO: Agent Quick, so we're clear on exact dates, surveillance in January that you were involved with, what were the exact dates of that? GERAGOS: Which? DISTASO: January. End of January. QUICK: January 29th. DISTASO: All right. And then, to your knowledge, were other agents involved on January 30th? QUICK: Yes, sir. DISTASO: And then no surveillance again until February 3rd, on February 3rd? I'm sorry. QUICK: That's correct. DISTASO: Okay. I don't have any further questions. JUDGE: Any more questions? GERAGOS: No, your Honor. JUDGE: May Agent Quick be excused? DISTASO: Yes. GERAGOS: Yes. JUDGE: Agent Quick, thank you very much. |