|
Amy Sharee Rocha
Preliminary Hearing October 31, 2003
Direct Examination by Rick Distaso DISTASO: Miss Rocha, would you state your full name and spell your last name for the record? ROCHA: Yes. Amy Sharee Rocha, R-O-C-H-A. DISTASO: And are you related to Laci Peterson? ROCHA: Yes. DISTASO: And -- ROCHA: I'm her sister. DISTASO: And how were you related to her? ROCHA: Sister. DISTASO: And could you describe for the Court just in a little more detail -- you and Laci share one parent, but not the other; is that correct? ROCHA: Yeah, we have the same dad, but different moms. DISTASO: Okay. So you're not related to Sharon Rocha? ROCHA: No. DISTASO: All right. And you're related, then, to Dennis Rocha; is that right? ROCHA: Yes. DISTASO: And Dennis is also Laci's father? ROCHA: Yes. DISTASO: Do you know the defendant in this case? ROCHA: Yes. DISTASO: And how is it that you know the defendant? ROCHA: My sister's husband. DISTASO: Have you known the defendant since the time that he and Laci have been married? ROCHA: Yes. DISTASO: How long have you known him? ROCHA: Since they were dating. DISTASO: Do you remember when that -- when -- can you just give me some kind of idea when the year was when you first met or came into contact with the defendant? ROCHA: I was pretty young. I was in middle school. So probably around seventh, eighth grade. DISTASO: Okay. And how old are you now? ROCHA: 22. DISTASO: All right. So you've known him for some time, then? ROCHA: Yeah. DISTASO: What is -- well, let's start here. On the 23rd of December, 2002, you -- were you aware that Laci was pregnant? ROCHA: Yes. DISTASO: And can you just briefly for the Court characterize your relationship with her? I mean, how did you and Laci get along? ROCHA: Oh, we got along good. DISTASO: Did -- how often would you say that you spoke -- you and Laci together? ROCHA: Pretty often. Not every day, but maybe once a week. DISTASO: And do you also live some -- don't tell me your address, but do you also live somewhere here in the city of Modesto? ROCHA: Yes. DISTASO: And were you familiar with Laci's house at 523 Covena Avenue? ROCHA: Yes. DISTASO: And that's also in the city of Modesto, correct? ROCHA: Yes. DISTASO: What is your profession? ROCHA: I'm a hairstylist. DISTASO: All right. And do you work for a salon here in town? ROCHA: Uh-huh. Yes. DISTASO: And, again, just for the record, that's in Modesto, correct? ROCHA: Yes. DISTASO: Now, when you and Laci would talk, was this normal sister kind of talk? ROCHA: Yeah. DISTASO: And so you would kind of tell her what's going on in your life; is that right? ROCHA: Yeah. DISTASO: And she would basically tell you what's going on in her life; is that correct? ROCHA: Yes. DISTASO: So did she at some point tell you when she found out that she was pregnant? GERAGOS: Objection. Calls for hearsay. JUDGE: Sustained. DISTASO: Did -- well, actually, Your Honor, I'm not offering this for the truth of the matter, I'm actually offering it to show the relationship of these two parties, that the habit of this particular witness, Laci -- I mean, the decedent, Laci Peterson, would be that she would talk to this witness and tell her, you know, certain facts about her life. GERAGOS: For the – JUDGE: It's still hearsay. GERAGOS: Right. DISTASO: The -- and what was your relationship with the defendant? ROCHA: It was good. DISTASO: And did -- how often do you think you would speak to the defendant? ROCHA: When I'd see my sister or if they were together. DISTASO: Okay. Did you ever see the defendant without your sister? ROCHA: Yeah, when I'd cut his hair. DISTASO: Okay. So you cut his hair on a regular basis? ROCHA: Yeah. DISTASO: And how -- let me ask you this: When they first had -- when Laci and the defendant were first married, were they living here in Modesto? ROCHA: No. DISTASO: Did -- where were they living? Do you know? ROCHA: In San Luis Obispo. DISTASO: Okay. And at some point did they move back here to the city of Modesto? ROCHA: Yes. DISTASO: And do you know when that was? ROCHA: It was in 2000, I think. DISTASO: Okay. ROCHA: I was in school still, so, yeah. DISTASO: So somewhere around 2000? ROCHA: Uh-huh. DISTASO: Are you exactly sure of the date? ROCHA: Maybe not exactly, but I was -- DISTASO: All right. But is that a good -- a good guess, I guess, at this point? ROCHA: Yeah. DISTASO: After they moved back to Modesto, did the defendant move back to Modesto also? ROCHA: Yes. GERAGOS: Mr. Distaso? DISTASO: I'm going to show them to you. DISTASO: Did -- and from the time they moved back to Modesto up until December 23rd, did you cut the defendant's hair? ROCHA: Most of the time, yes. DISTASO: Okay. How frequently would you do that? ROCHA: On a monthly basis. Maybe once a month or -- DISTASO: All right. So were you familiar with his normal hair color or I guess his natural hair color? ROCHA: Yes. GERAGOS: Objection. Relevance. JUDGE: Overruled. ROCHA: Yes. DISTASO: And as he sits here today, can you just state for the record what color his hair is? ROCHA: Yes. It's brown. DISTASO: And is that a good es -- or is that a fair representation of what his natural hair color is? ROCHA: Yes. GERAGOS: Objection. Relevance. JUDGE: Overruled. ROCHA: Yes. DISTASO: Okay. Did the defendant ever ask you to dye his hair a different -- a color different than the color of his natural color that we see here today? ROCHA: No. DISTASO: Did he ever ask you to dye his hair a kind of orange or red tint? ROCHA: No. DISTASO: Did he ever -- did the defendant ever ask you to dye his eyebrows in orange or red tint? ROCHA: No. DISTASO: Did -- were you ever aware in the time that you knew the defendant to know him to wear or grow a full, bushy goatee? ROCHA: Not a full -- I might have seen like a little bit of a goatee, but not a full goatee. DISTASO: Okay. Did you -- did the defendant ever ask you, even in the little bit of a goatee that you saw, to dye that goatee any particular color? ROCHA: No. DISTASO: Let me show you two photographs, People's 45 and 46. Do you recognize the individual in those photographs? ROCHA: Yes. DISTASO: And who is that? ROCHA: Scott. DISTASO: And that's the defendant, correct? ROCHA: Yes. DISTASO: Okay. And the color of his hair and eyebrows and goatee in those photographs, did he ever ask you to prepare his hair in that fashion? ROCHA: No. DISTASO: Now, were you working at Salon Salon on the 23rd of December, 2002? ROCHA: Yes. DISTASO: What is the last date that you saw your sister Laci Peterson alive? ROCHA: Was that day. DISTASO: The 23rd of December? ROCHA: The 23rd, yes. DISTASO: And let's just start from the beginning. On -- what's the first time you saw her on that day? ROCHA: I saw her around 5:45, the evening. DISTASO: Did you speak to her -- don't tell me what she said, but did you speak to her any time prior to that? ROCHA: Yes. DISTASO: And do you remember what time that was? ROCHA: I spoke to her a couple times that day, but the last time I had talked to her was probably around 5:20 that evening. DISTASO: And then you actually saw her in person at what time? ROCHA: At 5:45. DISTASO: All right. And was she by herself or was she with someone else? ROCHA: She was with Scott. DISTASO: With the defendant? ROCHA: Yes. DISTASO: And where did you see them? ROCHA: At the salon. DISTASO: And what was their purpose in being there? ROCHA: I was going to cut Scott's hair. DISTASO: And did you do that? ROCHA: Uh-huh. Yes. DISTASO: Okay. What was Laci doing while you were cutting the defendant's hair? ROCHA: She was sitting next to us just talking with us. DISTASO: And what was her -- she was obviously visibly pregnant, correct? ROCHA: Yes. DISTASO: What was her demeanor or her affect? Can you describe that for the Court? I mean, how was she feeling? ROCHA: She was really tired. She even said that she was tired. DISTASO: Okay. Did she do anything to act tired? ROCHA: She just seemed exhausted from like the pregnancy. DISTASO: Okay. And where was she sitting while you were cutting the defendant's hair? ROCHA: She was sitting right next to us in the station right next to where we were at. DISTASO: So like in the stylist's chair right next to you? ROCHA: Yeah, right next to us. DISTASO: Did Laci get her hair cut that night? ROCHA: No. DISTASO: Did you ever cut Laci's hair? ROCHA: Uh-huh. Yes. DISTASO: And -- but on the 23rd of December, you didn't cut her hair? ROCHA: No. DISTASO: Do you know if any -- did you observe her during the time she was there? ROCHA: Yes. DISTASO: Did any other stylist cut her hair? ROCHA: No. DISTASO: And so she just sat and talked to you while you were cutting the defendant's hair, correct? ROCHA: Yes. DISTASO: Do you remember what she was wearing? ROCHA: Yes. DISTASO: What was that? ROCHA: She had a cream colored pants on, they were kind of a khaki, maybe tan, cream colored maternity pants. She had a black blouse with either small cream polka dots, cream flowers. She had a black jacket, a cream scarf and black shoes. DISTASO: Do you remember -- in regards to the pants that she was wearing, do you remember what length they were? ROCHA: Yes. They were probably like ankle length. DISTASO: Now, did -- was there an item that needed to be picked up for a Christmas breakfast from a place called Vella Farms? ROCHA: Actually, it was an item for our grandfather, it was a basket, gift basket for a Christmas present. DISTASO: Okay. ROCHA: Yes, it was supposed to be picked up. DISTASO: And where is Vella Farms located here in the county? ROCHA: In Modesto on the corner of Dale and Kiernan. DISTASO: And do you know where the Del Rio Golf Club is? ROCHA: Yes. DISTASO: Where is that located? ROCHA: North of McHenry, off of Ladd, kind of off of Stewart Road. DISTASO: Is it out towards -- is the Vella Farms store and Del Rio in the same general area in the county? ROCHA: Yeah, they're on same side of town. DISTASO: Did -- what time did this item need to be picked up, what date and time, I should say? ROCHA: On the, after 12:00 noon, but before 3:00 p.m. DISTASO: Okay. So you had made arrangements to pick up this gift basket the next day between 12:00 and 3:00? ROCHA: Yes. DISTASO: And what was the deadline at 3:00? What was going to happen at that time? ROCHA: They were supposed to close at 3:00. DISTASO: Okay. Did you tell that information to Laci and the defendant? ROCHA: Yes. DISTASO: And what, if anything, did the defendant say about that? ROCHA: He offered to pick it up. DISTASO: And did he say why he could pick it up or why that he'd be able to do that? ROCHA: Because he was going to be out that way. DISTASO: And did he say where he was going to be going? ROCHA: He said he'd be out that way golfing, so I assume Del Rio. GERAGOS: Objection. Motion to strike the last portion. JUDGE: Overruled. DISTASO: Did -- were you aware as to whether or not the defendant and Laci had a membership to the Del Rio Country Club? ROCHA: Yes. DISTASO: Did they? ROCHA: Yes. DISTASO: Okay. After you were finished cutting the defendant's hair and you had made this arrangement -- or I guess he agreed to pick this up, did anything else happen at the salon that night? ROCHA: No. DISTASO: Okay. Did they go home? ROCHA: Yeah, they left. DISTASO: And then did you go somewhere else? ROCHA: Yes. DISTASO: Where'd you go? ROCHA: I went to dinner one of my friends that was here from out of state -- DISTASO: Okay. The next day, did you get some word that the basket had not been picked up from Vella Farms? ROCHA: Yes. Vella Farms – DISTASO: And when was that? ROCHA: It was around 3:45. DISTASO: And what happened? ROCHA: The lady from Vella had called wondering if I had forgotten to pick up the basket. DISTASO: And did you attempt to get a hold of the defendant? ROCHA: Yes. DISTASO: How'd you do that? ROCHA: By calling his cell and their house. DISTASO: And was there any answer? ROCHA: No. DISTASO: So did you -- what did you do? ROCHA: Well, at that time I just figured go pick it up myself, since I was -- for one, I thought they were supposed to close at 3:00, and she said they were going to be open until 4:00, so I thought I'd go pick it up so they wouldn't have to wait and stay open just for us. DISTASO: Did -- now, during the time -- at any time up until the last time -- was that the last time that you then actually spoke to your sister Laci? ROCHA: On the 23rd? DISTASO: Yes. ROCHA: Yes. DISTASO: Up until that time, had Laci ever mentioned to you that the defendant had bought a boat? GERAGOS: Objection. Calls for hearsay. JUDGE: Sustained. DISTASO: Well, Your Honor, I'm not asking for the statement. I'm only asking if she -- if that subject had ever been mentioned to her. That's not calling for a statement. GERAGOS: That's his calling for the truth – JUDGE: Calling for hearsay. Sustained. DISTASO: Did you have any knowledge that the defendant had bought a boat? ROCHA: No. DISTASO: Had you ever seen the defendant's boat? ROCHA: No. DISTASO: There's a picture there in front of you. What's the number on that? GERAGOS: 47. DISTASO: 47. Did you ever see that -- well, let me ask you this: Do you recognize the truck in that picture? ROCHA: Yes. DISTASO: Whose truck is that? ROCHA: Scott's. DISTASO: The defendant's? ROCHA: Yes. DISTASO: And this boat that's being -- behind the truck, do you recognize that boat? ROCHA: No. DISTASO: Had you ever seen -- not -- don't think of any media accounts or anything else, but had you ever seen up to December 23rd, this particular boat? ROCHA: No. DISTASO: And did you have any knowledge that Laci or -- I mean, that the defendant had bought boat? ROCHA: No. DISTASO: So I take it by that, you've never ever been in that particular boat? ROCHA: No. DISTASO: At any time in your relationship with either your sister Laci or the defendant, did you ever know, and let's just say up until December 23rd, that the defendant was having an affair with a woman by the name of Amber Frey? ROCHA: No. DISTASO: The -- are you familiar at all with the defendant's use of his cell phone? ROCHA: No. DISTASO: Nothing further, Your Honor. JUDGE: Mr. Geragos? GERAGOS: Thank you.
Cross Examination by Mark Geragos GERAGOS: Good morning. ROCHA: Good morning. GERAGOS: Were you aware, like Mr. Distaso just asked you, as of the 23rd, that Laci had a cleaning lady? ROCHA: Yes. GERAGOS: Did you tell the police that -- let's see. You got interviewed by Detective Grogan; is that right? ROCHA: Uh-huh. Yes. GERAGOS: Okay. Detective Grogan asked you if you knew anything about Laci's maid, and you said you weren't aware that Laci had even hired one? Did you tell him that in an interview? ROCHA: Well, I remember to Laci about her getting a maid, but, actually, I didn't know that they had one at the time. GERAGOS: Okay. So when you were interviewed by Detective Grogan, you -- on the 5th of January, I think, is that roughly when it would have been? ROCHA: Yes. GERAGOS: You told him at that time that you weren't even aware that they had one; is that correct? ROCHA: Yes. If that's what I said, yes. GERAGOS: Okay. Then the -- Miss Nava -- you were in the courtroom when Miss Nava testified? ROCHA: Yes. GERAGOS: Okay. You've never seen or heard of her -- ROCHA: No, I haven't. GERAGOS: -- before the 23rd, right? ROCHA: No. GERAGOS: All right. The -- and you didn't know that Miss Nava had cleaned the house four times, did you? ROCHA: No. GERAGOS: Okay. Now, the day -- I guess it was the 23rd, you were working at the salon, right? ROCHA: Salon, yes. GERAGOS: All right. And you'd arrived there at approximately what time? ROCHA: I went in early, probably like 6:30. GERAGOS: Okay. And you had -- 6:30 p.m.? ROCHA: A.m. GERAGOS: A.m.? ROCHA: Uh-huh. GERAGOS: So you were there most of the day is that -- ROCHA: Most of the day. GERAGOS: Okay. And was your appointment with Scott going to be kind of the end of your shift? ROCHA: Uh-huh. I was actually done, and I had gone to Vella Farms to get the basket made for us, and then I came back -- GERAGOS: Okay. ROCHA: -- to with Scott and Laci. GERAGOS: Okay. So you had left the salon, driven over to Vella Farms? ROCHA: Yes. GERAGOS: Okay. ROCHA: And then driven back. GERAGOS: And then you came back. When you -- had you already checked out, basically, or punched out or clocked out? ROCHA: Yes, I already clocked out. And then I came back, I wasn't clocked back in. GERAGOS: Okay. Is there a surveillance system or video system in the salon? ROCHA: Yes. GERAGOS: Okay. And that -- they have a -- like a tape recording machine? ROCHA: Uh-huh. Yes. GERAGOS: You have to say yes for the Court Reporter. ROCHA: Oh. Yes. GERAGOS: And the tapes are saved, are they not? ROCHA: Yes. GERAGOS: Okay. That tape machine covers the interior of Salon Salon -- Salon Salon? ROCHA: Yes. GERAGOS: Okay. And it covers the interior of the place; isn't that correct? ROCHA: I don't know exactly where all the cameras are, but I think the and part of the salon inside, yes. GERAGOS: Okay. The tape machine or the cameras would cover Laci and Scott as they were coming in and as they were leaving at the very least; isn't that correct? ROCHA: Yes. GERAGOS: And most probably would have covered and have a picture of what Laci was wearing and what Scott was wearing that day as they walked in and as they sat down in the chair; isn't that correct? ROCHA: Yes. GERAGOS: Okay. You told the police that, didn't you? ROCHA: That there was cameras? GERAGOS: That there were cameras. ROCHA: Yes. GERAGOS: Because they were asking you what was she wearing, and at first you couldn't really remember with great detail; isn't that a fair statement? ROCHA: No, I remembered from the beginning. GERAGOS: And you told them, "Look, there's a tape system, go get the tape, and then you'll be able to see exactly what she was wearing, you'll have a picture of it," right? ROCHA: Yes. GERAGOS: Okay. And you did that, right, and fairly -- fairly right away; isn't that correct? ROCHA: Yes. GERAGOS: Okay. Because you wanted them to see exactly what she was wearing, because that was the last thing, and then they'd have a picture of it, right? ROCHA: Yes. GERAGOS: Okay. Now, the -- you're about -- you were growing up six years younger than Laci? ROCHA: Yes, six years. GERAGOS: Okay. And did you live together with her growing up? ROCHA: No. GERAGOS: No? Okay. And -- but you would, in growing up, see her periodically or fairly often? ROCHA: Uh- . When we'd go to our dad's house, yes. GERAGOS: Okay. And that was -- the two of you lived in separate homes, though; is that right? ROCHA: Yes. GERAGOS: Okay. And when she moved back to Modesto, I think Mr. Distaso had you estimate sometime in the year 2000? ROCHA: Yes. GERAGOS: Okay. Would you go to her house, Laci's house? ROCHA: Yes. GERAGOS: How many times would you say you've been to the house? ROCHA: I don't want to -- I don't know. A number of times. I mean -- GERAGOS: More than ten? ROCHA: Yeah, more than ten. GERAGOS: Okay. Would you normally go there on an occasion when the family was getting together? ROCHA: Yes. GERAGOS: Okay. So probably, maybe, 25, 30 times total? ROCHA: I don't know exact number, but -- GERAGOS: Okay. Did you ever -- would you ever just stop by the house? ROCHA: Yeah. GERAGOS: Okay. ROCHA: If I was over that way. GERAGOS: And is it a fair statement that you two would talk, sometimes a week would go by, sometimes it might be more frequent, just depended on -- ROCHA: Yeah, just depended. We didn't have like a routine, but -- GERAGOS: Okay. And you've known Scott since you were approximately how old? ROCHA: Maybe 13, 14. GERAGOS: Now, when they moved back to Modesto, did they move into the Covena house? ROCHA: No. GERAGOS: Okay. So they were at a different location? ROCHA: Yes. GERAGOS: And how long had they been at the Covena house, that you're aware of? ROCHA: For most of the time that they've been here. I didn't see the house they in previously, so I don't know exact, like, years, but -- GERAGOS: Okay. So they first lived in one house that they rented for, what, a year or something like that? ROCHA: I don't think that, no. GERAGOS: Okay. But you never went over to that house? ROCHA: No. GERAGOS: Then they bought the house on Covena, and you've been over there for family gatherings? ROCHA: Yes. GERAGOS: Okay. Now, you were aware that Laci would walk every day while she was pregnant, isn't that correct, or -- ROCHA: Yes. Well, she told me -- I don't know every day, but, yeah. GERAGOS: Okay. And she was trying to do that to stay fit and active during the pregnancy; isn't that correct? ROCHA: Yes. GERAGOS: She -- besides that, you were aware that even as late as the 23rd or the 22nd, right in there, she was even doing Lamaze classes or -- not Lamaze, yoga classes; isn't that correct? ROCHA: Yes. Uh-huh. GERAGOS: What was the yoga place that she was going to? ROCHA: It's in McHenry Village, and I think it might be The Yoga Center. I don't know the exact name, but I know it's there. GERAGOS: And you knew that she as recently as the last couple of days had been to a yoga class; isn't that correct? ROCHA: Yes. GERAGOS: Okay. And you know that within that last couple of days that she'd also been to the -- been to the park walking the dog or walking McKenzie; isn't that correct? ROCHA: I don't know for sure if she walked to the park, but I knew that she'd been walking frequently, yes. GERAGOS: Okay. The -- when they moved to Modesto, Laci had wanted to have a child; isn't that correct? ROCHA: Yes. GERAGOS: And Scott wanted one as well; isn't that correct ROCHA: Yes. GERAGOS: Okay. They discussed baby names? ROCHA: Baby names? GERAGOS: Baby names. ROCHA: Yeah. GERAGOS: Okay. And as far as you know, both Laci and Scott had done Lamaze classes together; isn't that correct? ROCHA: Yes. GERAGOS: Okay. And you told the police that as well; isn't that right? ROCHA: Yes. GERAGOS: Okay. The day of the 24th, on that -- Mr. Distaso was asking about the Vella Farms, picking up the items? ROCHA: Yes. GERAGOS: The woman called you. Where did she call you? ROCHA: At my house. GERAGOS: Okay. When she called you at the -- by the way, were you going someplace that day? Did you have plans to go someplace that evening? ROCHA: Yes. Actually, I was meeting with my dad the evening of the 24th. GERAGOS: Okay. On Christmas Eve you planned to be with your dad? ROCHA: Yeah. GERAGOS: Christmas Day? ROCHA: At Laci and house. GERAGOS: Okay. So Laci and Scott had invited you over to spend Christmas morning at their house? ROCHA: Yes. GERAGOS: Okay. Cooking French or something like that? ROCHA: Yes, we were going to have brunch. GERAGOS: Okay. And they were going to invite -- do you know who was supposed to come over on Christmas Day? ROCHA: I don't know exactly. Just our family. I mean, immediate family, not too big. It was going to be small. GERAGOS: Just a couple of the immediate, nuclear family, if you will? ROCHA: Yeah. GERAGOS: Okay. When she called you from Vella Farms, did you call Laci's cell phone? ROCHA: No. GERAGOS: Did you call Scott's? ROCHA: I just thought I might him out there still, he could pick it up, so I called Scott's cell phone. And then I called their house phone, but no answer. GERAGOS: Okay. Did you leave a message on the cell phone? ROCHA: No. GERAGOS: Okay. And did their house have an answering machine, as far as you're aware? ROCHA: Yes. GERAGOS: Did you leave a message there? ROCHA: No. GERAGOS: Okay. Did -- one of those things where you make the call, the answering machine picks up, and you just hang up? ROCHA: I just hung up and ran out there and it up. GERAGOS: And you made the call from which phone of yours? ROCHA: I think it was my house phone. GERAGOS: Okay. And was that your hard line at the house or your cell phone at the house? ROCHA: Hard at the house. GERAGOS: Okay. Now, the -- could I have just one moment, Your Honor? And is it a fair statement that you did not know Scott's daily routine? ROCHA: Yes, I did not know. GERAGOS: Okay. And is it also a fair statement that you didn't know Laci's daily routine, you had some information, but you didn't -- ROCHA: Yeah, but I didn't know their exact routine, though. GERAGOS: Okay. You knew that Scott liked to golf? ROCHA: Yes. GERAGOS: You knew he liked to hunt? ROCHA: Yes. GERAGOS: Okay. You knew he liked to fish? ROCHA: Yeah, I didn't really -- mostly is what I ever heard, so -- GERAGOS: Okay. And you also knew that he had gone to all the doctor's appointments with Laci for the baby; isn't that correct? ROCHA: Yes. GERAGOS: Okay. I have no further questions. Thank you.
Redirect Examination by Rick Distaso DISTASO: Miss Rocha, regarding Laci's routine on walking, were you actually present and going and walking with her on a regular basis? ROCHA: No. I had never walked with her. DISTASO: So you had never walked with her? ROCHA: Right. But I did know she was . DISTASO: Okay. But -- and was that from her talking to you about it? ROCHA: Uh-huh. Yes. JUDGE: You have to say yes or no. ROCHA: Yes. DISTASO: DISTASO: The -- do you know whether her routine -- I mean, so you have no personal knowledge of whether she walked or not? I mean, from seeing it is what I mean. ROCHA: Yeah. No, I don't. DISTASO: Okay. Just from what she told you? ROCHA: Yes. DISTASO: And so when you say that she was walking frequently, you don't know -- frequently, you don't know what that means; is that right? ROCHA: Yeah, I don't know if it was every day or just -- DISTASO: I mean, you don't know if it was every day or every other day or twice a week or three times a week? ROCHA: It was pretty often. DISTASO: Okay. ROCHA: Yeah. DISTASO: She mentioned it to you fairly often? ROCHA: Yeah. DISTASO: Do you know what her -- if that -- if her mentioning it to you, had that changed at all in the latter parts of her pregnancy, specifically the time around -- around the 23rd or the latter part of December? ROCHA: No. I don't believe -- we hadn't talked about it in a while, but I think she was still walking. DISTASO: Okay. When was the last time you'd actually spoken to her about it? ROCHA: She had just told me about one time she'd walked and she was a little queasy, and so she was gonna take a break from walking and like -- well, she had just said that she was getting like upset, I think she might have even, like, thrown up or something and felt dizzy. DISTASO: Okay. So she talked to you -- ROCHA: But that was like weeks before that. I don't know exactly when. DISTASO: All right. So at some point she had talked to you weeks prior to the 23rd; is that right? ROCHA: Uh-huh. DISTASO: About a time when she was walking, she was feeling ill during walking? ROCHA: Yes. DISTASO: And other than that time, you know, around the time of the 23rd or a couple weeks even before, had she talked to you about resuming some pattern of walking or had you not talked to her about it? 417 1 A. We really hadn't talked about it. DISTASO: All . So the last time -- is this true or not true? The last time that you spoke to her about it was the time that she mentioned that she had some physical problems about walking? ROCHA: Yes. DISTASO: That was the last time? ROCHA: That was the last time. DISTASO: And from that time on, she hadn't spoken to you about taking -- or going walking; is that right? ROCHA: No. Yeah, that's . DISTASO: And -- okay. GERAGOS: Objection. Leading. JUDGE: Sustained. DISTASO: Well, you told us about this time when she had gotten ill. Was that the last time that she talked to you about going walking? ROCHA: Yes. DISTASO: And regarding her yoga class, did you ever actually attend that class with her? ROCHA: No. DISTASO: So do you have any personal knowledge, not from what she told you, but any personal knowledge of what types of activities she was doing in that yoga class? ROCHA: We've discussed what she did in there, like -- DISTASO: Okay. Well, don't – GERAGOS: . Let her answer the question. DISTASO: Well, Your Honor, it's actually calling for hearsay. I don't have any problem. If he's not going to object to that, I'm happy to have her testify to it. JUDGE: She answered the question. Next question. DISTASO: Well, it seems that this will be a fine question. So what did she tell you about what she was actually doing in that yoga class? ROCHA: We had just discussed, because you do different stretching, and one night when I was at her house, she was showing me stretches that she had been doing, had learned, but -- DISTASO: So was she showing you active, vigorous exercising or was she showing stretches? ROCHA: Like a stretch that they did that felt really good throughout our body. DISTASO: All right. And was that because was she having any particular pains as a result of the pregnancy? ROCHA: No. I think she was doing it for relaxation and to stretch. I think it's good when you're pregnant to do that. DISTASO: Did she ever mention to you any type of, like, back pain or any common pains you get from being pregnant? ROCHA: No. DISTASO: All right. Did you know what Laci -- when Laci would go on a walk, did you know what route she would take? ROCHA: No. DISTASO: She didn't talk to you about the exact route she would take? ROCHA: Not exact route. DISTASO: Okay. Did she ever tell you or talk to you about the -- whether she was taking a normal route, you know, whether she had an established route? GERAGOS: Objection. Leading and hearsay. JUDGE: Sustained. DISTASO: No further questions. JUDGE: Mr. Geragos?
Recross Examination by Mark Geragos GERAGOS: Amy, about three weeks prior to the 23rd, you and Laci both inherited some jewelry; is that right? ROCHA: Yes. GERAGOS: Okay. And that jewelry was from your grandmother? ROCHA: Grandmother. GERAGOS: On your father's side? ROCHA: Yes. GERAGOS: Okay. And that was a substantial amount of jewelry, wasn't it, that was inherited? ROCHA: Yes. GERAGOS: Okay. Did -- when that was inherited, were you aware of Laci taking some of that jewelry to try to sell it? ROCHA: Yes, I was aware. GERAGOS: Okay. And she was doing that in various ways, as far as you knew, isn't that correct, trying to sell it? ROCHA: Yes. GERAGOS: Pawnshop; is that correct? ROCHA: Yes. GERAGOS: And also on eBay? ROCHA: Yes. GERAGOS: Okay. And she was also wearing a lot of that jewelry during that period of time or at least new pieces, if you will, during that three weeks? ROCHA: Yes. GERAGOS: When you saw her on the 23rd, she was wearing jewelry, was she not? ROCHA: I don't know exactly what jewelry she had then. GERAGOS: Okay. But when you had seen her during that three weeks, she was wearing some of these new pieces that the two of you had inherited? ROCHA: Yes. GERAGOS: Okay. And you had seen her -- well, there was quite a bit of it, and the police have showed you pictures of it; is that correct? ROCHA: Yes. GERAGOS: And you'd recognize some of it, but not all of it; is that a fair statement? ROCHA: Yes. GERAGOS: Okay. And Laci had the lion's share of the jewelry and was going to get rid of some of it, was going to do some other stuff with it, and then you were going to get part of it as well, is that -- ROCHA: Yes, we divided it up and -- yes. GERAGOS: Okay. Now, the -- thank you. I have no further questions. Thank you. JUDGE: Mr. Distaso? DISTASO: One second. Nothing further. |