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Karen Ann Servas
Preliminary Hearing November 13, 2003
Direct Examination by Rick Distaso DISTASO: Ms. Servas, would you state your full name, spell your last name for the record? SERVAS: Sure. Karen Ann Servas, S-E-R-V-A-S. DISTASO: And did you live next door to a Laci and Scott Peterson on December 24th, 2002? SERVAS: Yes. DISTASO: Are you familiar with -- well, let me ask you this. How long did you live -- how long have you lived next door to the house at 523 Covena? SERVAS: I've resided there since August of 1992. DISTASO: And so you were then present during the entire time that Laci and Scott Peterson lived in that home? SERVAS: Yes. DISTASO: Are you familiar with their dog? SERVAS: Yes. DISTASO: And just briefly, how are you familiar with it? SERVAS: They had that dog the entire time that they lived there, and the first day I met them, I met their dog as well. DISTASO: And it's a kind of a Golden Retriever dog? SERVAS: It is a Golden Retriever, yes. DISTASO: Do you remember -- do you know what the dog's name is? SERVAS: McKenzie. DISTASO: Did you find McKenzie on December 24th of 2002 somewhere in the vicinity of 523 Covena? SERVAS: Yes. DISTASO: And can you describe for the Court what happened? Just start from the beginning. What time of the day was it? SERVAS: It was approximately 10:18 that I found the dog. DISTASO: And what were you -- what were you doing or what were the circumstances of you -- how you came in contact with the dog? SERVAS: I was leaving my home, backing out of my driveway, and the dog was standing in the street. DISTASO: Okay. The -- if you can just look at this diagram just quickly. This has been marked as People's 80. Do you recognize this as a -- just a rough schematic of the house at 523 Covena? SERVAS: Yes. DISTASO: If you could, just put -- if you could just -- let me grab a pen that will show up. BAILIFF: What color? DISTASO: Oh, it doesn't matter. Let's do red, actually. DISTASO: If you could just put -- just write "Servas home," like on the side of the house where your house is. SERVAS: (Witness complied.) DISTASO: And then do you see -- you see this diagram. Where would the street be in reference to that diagram? SERVAS: It would be right here. (Indicating.) DISTASO: Let's -- SERVAS: On the bottom. DISTASO: That's -- on the bottom of the diagram? SERVAS: Correct. DISTASO: Okay. That's off the diagram. Could you just write "street" on the bottom of the diagram where it would be? SERVAS: (Witness complied.) DISTASO: Just write -- I know this isn't to scale. Just write "dog" where you found the dog. SERVAS: It would be way over here. (Witness complied.) DISTASO: Okay. Was the dog in front of your house? SERVAS: Yes. DISTASO: Okay. You can go ahead and have a seat again. SERVAS: Thank you. DISTASO: And what happened when you found the dog? You said you were backing out of your driveway. Let's just go back to that. SERVAS: Correct. DISTASO: And then what happened? You saw the dog? SERVAS: I saw the dog out of my driver's side window. He was standing in the street staring at me. DISTASO: Okay. And what did you do then? SERVAS: I pulled my car over to the curb, got out of my car, and walked to the back of the car, because now the dog was standing off of my back left bumper. DISTASO: All right. And did you call the dog over? SERVAS: No. DISTASO: All right. Did the dog come over to you? SERVAS: I walked over to the dog. DISTASO: Okay. SERVAS: He was just standing there. DISTASO: All right. And did you somehow get ahold of the dog? SERVAS: Yeah. DISTASO: How did you do that? SERVAS: I walked over to him, and he was standing there staring at me, and so I walked over and looked at his tags to make sure it was actually McKenzie and it was. DISTASO: And how did you then take possession of -- what I'm trying to ask you, did you grab his collar? Did you grab his fur? Did you grab a leash? SERVAS: I grabbed his tags. I mean, he was standing there. DISTASO: Okay. SERVAS: He wasn't walking away, wandering. He was just standing. DISTASO: Okay. What happened next? SERVAS: I noticed that he had his leash on, and so I took the leash and I walked over to Scott and Laci's house, and I heard a noise in the backyard, thinking Laci was probably in the backyard doing some yard work. So I walked to the driveway, and the side gate was wide open, so I walked through the open gate onto the -- through the covered patio, to approximately, I would say, a third to two-thirds of the way -- can I use this diagram? DISTASO: Yeah, I was going to say -- SERVAS: Okay. DISTASO: Just take that pen. SERVAS: Sure. DISTASO: Here. I'll give it to you again. Just take that pen. Just a mark. Write the word "gate" where you walked through. You said "open gate." SERVAS: Right here. (Indicating.) DISTASO: And then -- let me ask you this -- when you were going in the backyard, were you holding onto the dog? SERVAS: Yes. DISTASO: By its leash? SERVAS: By its leash. DISTASO: Okay. So the dog had a leash on? SERVAS: Correct. DISTASO: You walked him into the yard? SERVAS: Correct. DISTASO: Just draw a little dotted line where you walked and where you went in the gate. SERVAS: You want me to start when I came on the property? DISTASO: Uh-huh. SERVAS: I started like this. (Indicating dotted line.) I started to going here, and then I decided to go to the gate right about here and right to about here and then walked back. DISTASO: Okay. And did you keep the dog with you the whole time? SERVAS: Yes. DISTASO: Go ahead. Where did you end up? SERVAS: I ended up here. Left the dog. Said, "Bye-bye." Seriously, I did. DISTASO: All right. SERVAS: I did. I'm sorry, but that's what I did. I'm telling you the truth. DISTASO: And as I -- SERVAS: Or actually right to about here, and I went like this. (Indicating.) Put my arm out. Put him in, shut the gate, and he barked at me once. DISTASO: All right. When you put him in like that, did you just kind of like toss the leash away? SERVAS: Uh-huh. DISTASO: Did you unhook the leash from the dog? SERVAS: No. DISTASO: Did you see anybody in the yard? SERVAS: No. DISTASO: When you said you saw a noise -- you heard a noise from the backyard, how do you know it was coming from the backyard and not from another -- not the house behind or the house on the other side? SERVAS: When I got to this point, I realized that the noise I heard was in one of the other yards. It was somebody raking. DISTASO: Okay. So when you were in this area, I mean, in this backyard, did you see any people? SERVAS: No. DISTASO: Did you hear anything from that particular backyard? SERVAS: No. DISTASO: Okay. Did you see anything in the house? SERVAS: No. DISTASO: Did you notice -- you can have a seat again. I'm sorry. SERVAS: Okay. Thank you. DISTASO: Did you notice anyone inside the house? SERVAS: No. DISTASO: So -- I mean, basically, after you went back and put the dog and let it go, I mean, put the dog back in the yard, your whole contact with the house and the dog, you didn't have any contact with any people? SERVAS: No contact with any people. DISTASO: Okay. Now, after you put the dog away, you said you shut the gate? SERVAS: Correct. DISTASO: The dog barked once? SERVAS: Barked once as I was shutting the gate. Just kind of a bark. DISTASO: The dog's inside? SERVAS: Correct. DISTASO: You're shutting the gate -- SERVAS: Correct. DISTASO: -- the dog barks one time? SERVAS: Correct. DISTASO: What happens next? SERVAS: I retraced my steps, walked back across the lawn. Probably about halfway across is when I looked at my hands and decided to go back into my house to wash my hands. DISTASO: Okay. Let me stop you. I forgot to ask you a question. When you were holding the dog's leash, can you describe its condition? SERVAS: It had wet dirt on it, grass, you know, grass clippings and then leaf, leaf clippings, leaves. DISTASO: Was it muddy? Would you call it muddy? SERVAS: No. I'd say it was wet dirt. It was dirty. You know, it's -- it's hard to describe it. My hands were not muddy. My hands had some dirt and some grass and some leaves on them and to the point where I almost went ahead and went like this (indicating) on my jeans and thought, oh, can't do that. So I went in the house and washed my hands. DISTASO: Okay. So after doing this, you went in the house, washed your hands. Then where did you go? SERVAS: I walked back out of my house, back down the driveway, got into my car and drove to my first stop downtown. DISTASO: And where was that? SERVAS: My first stop was going to be Bank of America; however, the parking lot was full, so I moved on to Austin's. DISTASO: Okay. And downtown, where is the downtown Bank of America located? SERVAS: It's located on the corner of I believe it's 17th and I. DISTASO: Do you know how far the Bank of America is from your house? SERVAS: No, I do not. DISTASO: Okay. Okay. And then what happened when you got to the Bank of America parking lot? SERVAS: The parking lot and all the parking around it was full. So I circled around the bank twice, couldn't find a parking space, so I then drove down to Austin's (People's Exhibit 125 was marked fo identification.) DISTASO: This is 125. GERAGOS: 125. DISTASO: DISTASO: So you circled around the lot twice. I'm sorry. SERVAS: Correct. DISTASO: Then what happened next? SERVAS: Then I drove down to Austin's. DISTASO: Okay. Do you know where Austin's is located? SERVAS: It's on the corner of Seventh and I. DISTASO: And how far approximately -- do you need some water? I'm sorry. SERVAS: Yes, please. DISTASO: How far approximately is the bank from Austin's? SERVAS: It's exactly two miles. No, no, not the bank. I'm sorry. DISTASO: Go ahead. SERVAS: My house to Austin's is exactly two miles. DISTASO: All right. Have you driven that route? SERVAS: Yes. DISTASO: What? Did you use your odometer in your car or something? SERVAS: I clocked it in my car. DISTASO: Okay. What happened when you got to Austin's? SERVAS: I went inside the store, bought two ornaments, and paid for them and left. DISTASO: And do you have any idea how long you were in the store? SERVAS: Approximately five minutes. DISTASO: And you said you did make a purchase? SERVAS: Yes, I did. DISTASO: And did you get a receipt for that purchase? SERVAS: Yes, I did. DISTASO: I left a copy of People's 125. I actually left People's 125 on the desk in front of you. Do you recognize that? SERVAS: Yes. DISTASO: Is that a copy of the receipt of the purchase that you -- that you -- the purchase that you made at Austin's Christmas Store on 12/24 of 2002? SERVAS: Yes, it is. DISTASO: All right. Now, after going to Austin's, what did you do next? SERVAS: I got back into my car and made a phone call. DISTASO: And who'd you call? SERVAS: Tom Eakin. I believe it was him. DISTASO: You think you called him? SERVAS: Yeah, without my cell phone records in front of me, I can't say for certain, but I know I made a call to him, and I believe it was him. DISTASO: And after you made the call, what did you do? What did you do next? SERVAS: I went to Starbucks. DISTASO: And then where? SERVAS: And then I went back to Bank of America and found a parking space. DISTASO: Okay. So you did your business there? SERVAS: Correct. DISTASO: Did you then go home? SERVAS: No. DISTASO: What time did you get home? Is it fair to say you were just doing a number of errands that morning? SERVAS: Yes. DISTASO: And what time did you then finish your errands and go home? SERVAS: I arrived home approximately -- to the best of my recollection, 11 -- between 11:45 and noon. DISTASO: And how long -- did you stay at your home the rest of the day and evening? SERVAS: Yes. Yes, I did. No, I left my -- DISTASO: I'm sorry. Let me stop you. SERVAS: I'm sorry. DISTASO: Did you stay at your home from 11:45 or 12:00 until the next day? SERVAS: No. DISTASO: How long were you then at your home from -- you said you got there at 11:45 or 12:00. SERVAS: Right. DISTASO: When did you next leave your home? SERVAS: I left my home at 5:05 PM. DISTASO: How do you know the exact time? SERVAS: Because as I was pulling out of my driveway, I looked at the clock in my car because I was late. DISTASO: Okay. You said you were late. Were you supposed to be somewhere at a certain time? SERVAS: Yes, I was supposed to be somewhere at 5:00 PM. DISTASO: And when you looked at your clock -- I mean -- yeah, you looked at your clock. Did you -- during that time you were back in your car at 5:05 and driving away, did you ever look over at the Peterson home at 523 Covena? SERVAS: Yes. DISTASO: What happened when you did that? Did you notice anything when you did that? SERVAS: I drove past the home, and Laci's car was in the driveway, and there was a package in the mailbox. DISTASO: And was -- are you familiar with -- are you familiar with the defendant Scott Peterson in this case? SERVAS: Yes, I am. DISTASO: And is -- when I've been saying "Laci and Scott Peterson," the defendant's the person we've been talking about; correct? SERVAS: Correct. DISTASO: Are you familiar with the kind of car that he drove? SERVAS: Yes. DISTASO: What kind of car was it? SERVAS: A Ford truck. DISTASO: Okay. Did you see his car at 5:05 PM when you drove away? SERVAS: No. DISTASO: You didn't -- so you didn't see his car in the driveway? SERVAS: No. DISTASO: What time -- did you come home at all again that evening? SERVAS: Yes. DISTASO: What time did you come home? SERVAS: I'd say it was 10:15, approximately. To my best recollection, 10:15. DISTASO: And when you got home, was the -- what was the condition, I guess, around the home at 523 Covena? SERVAS: A lot of people and police cars. DISTASO: When you found the dog, you told us that it was 10:18? SERVAS: Correct. DISTASO: How is it that you are sure of that particular time? SERVAS: I retraced my steps that morning to come up with that time and backed it up from the time on the receipt and the time I made the cell phone call. DISTASO: Okay. What time is on the receipt when you made the purchase? SERVAS: 10:34 AM. DISTASO: And did you -- the very first -- I think the very first time you were spoken to, did you tell the police you had found the dog -- McALLISTER: Objection. Leading question. JUDGE: It's going to be. DISTASO: DISTASO: What time did you originally tell the police you found the dog? SERVAS: 10:30. DISTASO: And did you then -- what made you then retrace your steps and come up with a different time? SERVAS: At the time that I talked to the detective, I did not have the receipt or I had the receipt. I didn't know where it was. It was in my pants pocket. I found it two days later. DISTASO: Okay. When you found it, did -- (Phone ringing.) You can go ahead and take care of that. SERVAS: Yeah. DISTASO: When you found it, the 10:34 time, did that refresh your memory as to what time it was? SERVAS: Yes, it did. DISTASO: You said you subsequently retraced your steps. Can you explain for us what you did? SERVAS: I retraced my steps from the time I found the dog, actually walked through the motions of pulling out of the driveway, imagining seeing the dog, pulling to the curb, walked through that, drove the exact route that I drove that morning and stopped my watch in front of Austin's Christmas Store. DISTASO: And what time did you -- that's how you came up with the 10:18 time? SERVAS: Correct. DISTASO: Nothing further, Your Honor.
Cross Examination by Mark Geragos GERAGOS: Ms. Servas, you talked to, I guess it was Detective Buehler on the 26th he interviewed you regarding finding the dog? SERVAS: Correct. GERAGOS: Okay. And as Mr. Distaso asked you, at that point you told Detective Buehler that it was -- that you were preparing to leave your residence on Christmas Eve, a Tuesday, at almost exactly 10:30 AM; is that correct? SERVAS: Is that what's written in my statement? GERAGOS: Yes. SERVAS: Then that is what I told him that morning. GERAGOS: Okay. And on that date, you said you got to the front of the residence and the gate was locked. Which gate were you referring to? I mean -- you want me to show you the report -- SERVAS: Yes, please. GERAGOS: -- see if it refreshes your recollection? SERVAS: I would like to see that. Thank you. GERAGOS: I've got it yellow highlighted. I'm referring to 1613. SERVAS: Okay. Which? GERAGOS: Right here. SERVAS: (Witness reading.) You know that -- GERAGOS: Hold on. SERVAS: I didn't -- I didn't try the gate. GERAGOS: Hold on one second. SERVAS: Okay. GERAGOS: You have to read that silently to yourself first and then I'll ask you the questions. SERVAS: Okay. Sorry about that. (Witness reading.) GERAGOS: Okay. Does that refresh your recollection as to what you told the police on the 26th? SERVAS: It was on the 25th -- GERAGOS: Okay. SERVAS: -- that I made that statement. GERAGOS: Okay. SERVAS: Yes. GERAGOS: And were you referring to -- do you have the red pen still or did Mr. Distaso take it? It's right in front of him. DISTASO: Oh, here it is. GERAGOS: Which gate was locked? If you could just put an "L" for "locked" on there. SERVAS: Now, whether or not it was locked, I don't know. GERAGOS: But you tried it and -- SERVAS: But -- GERAGOS: -- you couldn't get in? SERVAS: No. As I walked and got in front of this gate, I heard something in the backyard, so I did not actually go like this and try to open the gate. I figured to go in, to try the side. I normally would go in the side anyway. But it would have been this gate. GERAGOS: You just put a little "L" there. I'll put a circle around it. The gate that would have gone -- that's where the walkway is to the front door? SERVAS: Correct. GERAGOS: Then you've made some little dots here that go to the other gate, which is where? Was there a car parked in the driveway? SERVAS: Laci's car was parked. GERAGOS: Okay. Was it in front -- do you see how it's parked right here. I think this is the one that they've got representing Laci's car. Was that how it was parked that morning? SERVAS: I don't recall if it was that way or not. GERAGOS: Okay. SERVAS: But it -- GERAGOS: Do you recall if it was in front of the gate, parked in front of the gate? SERVAS: I don't recall specifically where. I recall it was in the driveway. GERAGOS: Okay. Now, you told the -- I guess Detective Buehler that you thought it was 10:30. Was that based on your memory of looking at your watch or something like that? SERVAS: Not of looking at my watch, no. GERAGOS: Do you remember what you had looked at? Because at least in here, it says that you were preparing to leave at almost exactly 10:30. Was there a reason that you thought at the time it was 10:30? SERVAS: Because that was generally around the time that I thought at the time that I made the statement that I had actually left. GERAGOS: Okay. And then it was a -- some point later you found what's been marked as Exhibit 125? SERVAS: Correct. GERAGOS: That says 10:34 on it; is that correct? SERVAS: Correct. GERAGOS: Then it looks like at some point you got your cell phone records; is that correct? SERVAS: (Affirmative nod.) GERAGOS: You have to say "yes" so she can take it down. SERVAS: Yes. Yes. GERAGOS: When you got the cell phone records, that showed a call at 10:37; is that correct? SERVAS: I don't know if that is, because I don't have the records in front of me. GERAGOS: Okay. Do you remember talking to an officer at some point about having found the cell phone records? SERVAS: Yes. GERAGOS: Okay. Do you remember which officer that was that you talked to? Was that Buehler again? SERVAS: Yes. GERAGOS: Okay. Now, originally you told the officer -- you gave a -- how long did you talk to Buehler on Christmas Day? Was it for a period of time? SERVAS: I don't know the exact amount of time. Possibly 20, 30 minutes. GERAGOS: Okay. You told him that you had no information that would suggest a violent or poor relationship between Laci and Scott; is that correct? SERVAS: That's correct. GERAGOS: You told him that they seemed to get along very well; is that correct? SERVAS: That's correct. GERAGOS: And that there was harmony in the relationship and that both of them were excited about the upcoming baby and pregnancy; is that correct? SERVAS: In general terms, yes. GERAGOS: Okay. Then you also told him -- we went through how you found the dog. You described that you didn't notice anything unusual about the residence; is that correct? SERVAS: That's correct. GERAGOS: Okay. And you didn't see any signs of a struggle or a fight or any violence of any kind? SERVAS: No. GERAGOS: And is it safe to say that you did -- when you went into that area that's over there by the pool that you had taken on at least a -- you got the dots here. You've gone all the way into the back alongside the pool. Is that what these dots represent? SERVAS: Yes. GERAGOS: Okay. Now, as you're going by there, there's a door that's here; is that correct? Actually there's a door here that's in this covered area patio? SERVAS: Uh-huh. GERAGOS: Is that a "yes"? SERVAS: Yes. GERAGOS: Okay. You're familiar with this area because you've gone over there taking your kids over to go swimming, or your son over to go swimming? SERVAS: My son, correct. GERAGOS: And there's also -- these are also like a French door, glass door; is that correct? SERVAS: Correct. GERAGOS: Then there's some windows along here. You didn't see anything amiss anywhere along in this area; is that correct? Nothing was out of place. You didn't see these doors open or these windows open or this door open, any of that? SERVAS: None of those doors or windows were open. GERAGOS: Okay. And there wasn't anything knocked over or anything -- anything for you that looked out of the ordinary; is that correct? SERVAS: Nothing out of the ordinary. GERAGOS: Okay. How many times do you think you'd been to the house prior to that? SERVAS: When Scott and Laci lived there or when the previous -- GERAGOS: Right. When Scott and Laci lived there. SERVAS: Twenty, 30 times. GERAGOS: Okay. Now, between 9:30 and -- if I understand it correctly, you kind of backtracked. You got the Austin's receipt. You're assuming that Austin's clock, if you will, internal clock is accurate? SERVAS: Correct. GERAGOS: If the internal clock is accurate and it was 10:34, you went and then kind of retraced your steps; is that correct? SERVAS: Yes, it is. GERAGOS: Based upon retracing your steps, you actually drove around the Bank of America? SERVAS: Yes, I did. GERAGOS: And you recreated, if you will, what you did that morning; is that correct? SERVAS: Yes. GERAGOS: Based upon that, you've now backdated, if you will, the time that you think you left the house. Is that a fair statement? Backdated in the sense that you worked backwards from 10:34 to 10:18, because it took you roughly 16 minutes to recreate what you did? SERVAS: Correct. GERAGOS: Okay. Now, say, from 9:00 o'clock to 10:18, if you did leave at 10:18, were you at home? SERVAS: Yes, I was. GERAGOS: Was your son at home with you? SERVAS: No, he was not. GERAGOS: Okay. And did you ever come outside at between 9:00 and 10:18 at any point? SERVAS: At this time I don't recall that I did. GERAGOS: Okay. Then there's a number of reports about -- I think Mr. Distaso asked you this, about the leash. The first time is it a fair statement that you told Detective Buehler that it was a muddy leash? SERVAS: I don't know if that was my exact words, even though that's what was in the report, I don't know -- I cannot say for sure that that's exactly what I said. I described the condition just as I described it before to him, and he may have thought that meant muddy. GERAGOS: Okay. Then is it a fair statement that you called him back later on, probably in concert with finding the receipt, and said, well, it really wasn't as much muddy as it was dirt encrusted, or something like that? SERVAS: I don't recall if we had that exact conversation at the time that I called back about the receipt. GERAGOS: Do you remember having that conversation at all, telling him it wasn't so much -- SERVAS: About the condition of the leash? GERAGOS: Yes. SERVAS: At another time other than the 24th? GERAGOS: Right. SERVAS: Yes. GERAGOS: Had you ever seen McKenzie out in front of the house wandering with a leash on prior to that? SERVAS: Prior to that day? GERAGOS: Prior to the 24th? SERVAS: By himself? GERAGOS: By himself. SERVAS: No. GERAGOS: Okay. Had you seen Laci walking McKenzie when she was pregnant? SERVAS: By herself? GERAGOS: Just Laci and McKenzie. SERVAS: No. GERAGOS: Okay. Had you ever seen Scott and Laci walking McKenzie? SERVAS: Yes. GERAGOS: Okay. And how often would you say in -- I don't know -- two months before December 24th had you seen the three -- the two people and the dog walking together? SERVAS: Both of them together maybe once, maybe twice, at the most. GERAGOS: Okay. Thank you. I have no further questions of this witness. Thank you. SERVAS: You're welcome.
Redirect Examination by Rick Distaso DISTASO: Ms. Servas, when you say both of them together, maybe once or twice, you've also told us that you never saw Laci walking the dog alone; right? SERVAS: In the two months prior, I don't recall seeing her walk the dog alone. DISTASO: Okay. Did you see the defendant walk the dog by himself? SERVAS: Yes, I have. DISTASO: Okay. And was that more than the once or twice? SERVAS: Yes. DISTASO: There was just something -- one other question. In -- Mr. Geragos asked you about some kind of general relationship between the two of them, between the defendant and Laci, and you said in general terms that report that he read you was accurate. What did you mean by that? Can you just clarify that for us a little bit? SERVAS: I don't think "harmony" would be a word that I would use in a sentence to describe anyone's relationship. DISTASO: Okay. And why not? SERVAS: It's not -- GERAGOS: Objection. Irrelevant. JUDGE: Sustained. SERVAS: It's not in my language. JUDGE: Sustained. DISTASO: Okay. Nothing further then, Your Honor. GERAGOS: I don't have any -- any cross. JUDGE: You may step down. SERVAS: Okay. Thank you. JUDGE: I want to take a recess before the next witness. |