Rudy Skultety

 

Witness for the People:  Guilt Phase

September 13, 2004

 

Direct Examination by Rick Distaso

JUDGE: Those the originals, those are

DISTASO: Going to mark selected ones out of it.  Detective, were you assigned to the search warrant of the house at 523 Covena on December 26th and 27th of 2002?

SKULTETY: Yes, I was.

DISTASO: And you are currently a detective with the Modesto Police Department?

SKULTETY: Yes.

DISTASO: How long have you been a police officer in the State of California?

SKULTETY: For approximately 25 years.

DISTASO: And what were your duties just on -- just for that particular search warrant on the 26th and the 27th?

SKULTETY: I was a scene manager.

DISTASO: What does that mean?

SKULTETY: Scene manager is the person who is in charge of the scene. Basically my function is to see that all areas are searched and evidence is collected. And I direct the personnel at the scene, give them their assignments.

DISTASO: So do you do any actual searching yourself?

SKULTETY: I can. Depends on the size of the scene and the personnel there.

DISTASO: So you basically, like Detective Coyle testified that he searched the master bedroom, you would be the one who gave him that assignment to do that?

SKULTETY: That's correct.

DISTASO: I'm only interested in a couple of items. Did you search the bathroom area of this particular house?

SKULTETY: Yes, I did.

DISTASO: And did you locate any hairbrushes?

SKULTETY: Yes. In the master bathroom.

DISTASO: Let me show you People's 111-J. Have you take a look at that. Do you recognize the hairbrushes there in that picture?

SKULTETY: Yes, I do.

DISTASO: And are those the ones you collected from the master bathroom?

SKULTETY: Yes, they are.

DISTASO: Did you book those into evidence?

SKULTETY: Yes, I did.

DISTASO: What did you book them under?

SKULTETY: The blue brush 26-A, as in Adam, and the other brush 26-B, as in Boy.

DISTASO: So kind of the blue -- is it blue-black kind of brush?

SKULTETY: Yes.

DISTASO: All right. That's 26-A. And then there was a wooden-handled brush?

SKULTETY: Yes.

DISTASO: That was 26-B?

SKULTETY: Can I confirm that?

DISTASO: Go ahead.

SKULTETY: Yes. 26-A and B.

DISTASO: And those were found where, exactly?

SKULTETY: In the master bathroom in a drawer in the sink cabinet, the vanity.

DISTASO: Can you write on the diagram -- there is a red pen -- a red pen right next to you, detective. Up on the shelf. Can you write on People's 38, just write hairbrushes, 26-A, B, where you found them. And did you also collect a comforter?

SKULTETY: Yes, I did.

DISTASO: Let me show you another picture. Here is People's 111-I. Do you recognize that?

SKULTETY: Yes. That's the comforter from the master bedroom, or

DISATSO: Was that on the bed?

SKULTETY: Yes.

DISTASO: Can you -- where it says bed there in the master bedroom, just put a little -- draw a line out there, put "Comforter". And what did you book that item under, what number?

SKULTETY: I'm guessing. Can I -- I need to double check that.

DISTASO: Go ahead and look. Do you have your property receipts there in front of you?

SKULTETY: Yes. Number 57.

DISTASO: Just write "A Comforter" and "57".

JUDGE: Put an X where the comforter was on the bed and draw a line out into the margin. And at the end of the line write "Comforter" just put an "X" where the comforter is located on the bed.

SKULTETY: Covered the whole bed.

JUDGE: Just put an "X", then draw a line out to the left -- to the left, to the margin, write "Comforter".

DISTASO: Can you put a little number "57" there? Okay, thanks. Just go ahead. Why don't you just stay up there, so I'm going to ask you a couple other things. Did you collect a vacuum from the house?

SKULTETY: Yes, I did.

DISTASO: Let me show you People's 111-K. Is that the vacuum you collected?

SKULTETY: Yes.

DISTASO: And where did you find that?

SKULTETY: It was in the hall closet.

DISTASO: Can you just put an "X" where the vacuum was? Draw a little line out? Write "Vacuum", and what item number you booked it under.

JUDGE: Mark that the same way, officer, X, line out to the margin.

SKULTETY: Item 27.

DISTASO: Okay. On April 25th, 2002, did you -- did you collect some hair samples from the defendant?

SKULTETY: Yes, I did.

DISTASO: And do you recognize Mr. Peterson as he sits here today?

SKULTETY: Yes, I do.

DISTASO: All right. On April 25th of 2003, how many hair samples did you collect from Mr. Peterson?

SKULTETY: Total of seven.

DISTASO: And do you have, in that book of evidence, a photograph -- do you have photos that show those evidence items?

SKULTETY: Shows the packaging, yes.

DISTASO: Go ahead and pull those two out. Your Honor, these are double-sided pictures showing front and back of a bag. I was only going to mark the front, though.

JUDGE: Just mark the front. But do you want to mark next in order?

GERAGOS: Next in order.

JUDGE: 114. That's the hair samples taken from the defendant.

GERAGOS: Front side and back side of the same bag? Just mark the exhibit. That's fine with me. I'll stipulate that represents the front and back of the same bag.

JUDGE: All right. Hair samples from front and back, same bag.

DISTASO: We are going to make them A and B?

JUDGE: That's fine. 114-A and B. Photos of Evidence Envelopes Marked as Exhibit 114-A & B for identification.

GERAGOS: That's which item number?

DISTASO: I'll show you in a minute. 114-A, detective, is that the outer bag that contained individual bags of all seven hair samples?

SKULTETY: That's correct.

DISTASO: 114-B, is that the individual hair samples that -- each individual sample that you took?

SKULTETY: Yes.

DISTASO: And 114-B, all those little individual packages, they were inside the one big package in 114-A, correct?

SKULTETY: That's correct.

DISTASO: On February 14th, did you collect a cement sample from the boat?

SKULTETY: I instructed CSO Lovell to vacuum the boat I believe on the 14th. And then he vacuumed it into a special vacuum which allows him to collect the debris. And then I booked the debris.

DISTASO: And what was that debris booked under, what item number?

SKULTETY: I don't have that report.

DISTASO: Okay. Do you have that in front of you, that sample? Did you bring the actual sample with you?

SKULTETY: No, I did not.

DISTASO: Okay.

JUDGE: I assume that's 2-14-03.

DISTASO: 2-14. That is on February 14th of 03, correct?

SKULTETY: Yes.

JUDGE: When you had him vacuum the boat?

SKULTETY: Yes.

DISTASO: The search warrant that took place on the 26th and 27th, were you the overall crime scene person for those two days?

SKULTETY: Yes, I was.

DISTASO: And so what were the main instructions to the team on the 26th?

SKULTETY: The instructions on the 26th -- we got there late at night -- was to search for forensic evidence only. So they were to look for any signs of forensic evidence in the house.

DISTASO: And then on the 27th what were the main instructions on that date?

SKULTETY: Then we were going to start a complete search of the residence for the items that we were searching for.

DISTASO: Let me go back to my last couple of questions for you. On April 25th, when you took the hair samples from the defendant --

SKULTETY: Yes.

DISTASO: What item numbers were those booked under?

SKULTETY: 4-25 dash 1 through dash 7, the 4-25 would signify the date.

DISTASO: What was 4-25 dash 1, I'm going to go through each one. Where was that hair sample from?

SKULTETY: I believe it was from the

DISTASO: If you need to look at the -- look at People's 114-A.

SKULTETY: Just want me to say what they are?

DISTASO: Go ahead. Go through each one state where those hair samples came from.

SKULTETY: All have the prefix of 4-25. Dash 1 would be the back of the head. 02 would be the front. 03 would be the crown. 04 would be the right. 05 would be the left. 06 would be some pubic hairs which were pulled. And 07 would be a brush that was used to brush the pubic area.

DISTASO: Nothing further, your Honor.

 

Cross Examination by Mark Geragos

GERAGOS: Good afternoon, detective.

SKULTETY: Good afternoon.

GERAGOS: When you arrived, it was what time?

SKULTETY: Arrived?

GERAGOS: On the 26th, you came -- you were the crime scene manager for the search warrant being executed at 523 Covena. What time did you get there?

SKULTETY: Approximately seven, 7:30.

GERAGOS: When you arrived there, you had Rick House. He is a detective, Rick House?

SKULTETY: That's correct.

GERAGOS: He had already secured the residence?

SKULTETY: Yes.

GERAGOS: Okay. And that had been done approximately two hours before that?

SKULTETY: Yes.

GERAGOS: Okay. At that point you were advised, and you made a -- confirmed the fact that there was nobody else in the house other than authorized law enforcement personnel, correct?

SKULTETY: Correct.

GERAGOS: Now, at Covena, if I understand correctly what you told Mr. Distaso on the 26th when you arrived, your plan was to go in there and find forensic evidence, right?

SKULTETY: To search for forensic evidence, that's correct.

GERAGOS: Okay. Now, forensic evidence means what, for a crime scene manager?

SKULTETY: It could be a -- we were basically looking for blood, signs of a struggle, anything along that line.

GERAGOS: Okay. When you went in there, is it a fair statement that the residence appeared to be clean, it was orderly, and you didn't see anything unusual or appear out of place?

SKULTETY: That's correct.

GERAGOS: You had a number of people that were assigned to search the scene, correct?

SKULTETY: Yes.

GERAGOS: Okay. When you first arrived, there was a Christmas tree in the dining room area; is that correct?

SKULTETY: Yes.

GERAGOS: And there were somewhere between 12 and 14 presents under the tree?

SKULTETY: Yes.

GERAGOS: There was a large present addressed to Scott from Laci?

SKULTETY: Yes.

GERAGOS: There was a small wallet, a small Louis Vuitton brand gift bag, which was a present for -- Christmas present for Laci from Scott?

SKULTETY: I don't know who it was from. It was for Laci, yes.

GERAGOS: Okay. Also, you noticed outside that there was a family dog, correct?

SKULTETY: Yes.

GERAGOS: Did you notice the dog was not tied up?

SKULTETY: No, it was not.

GERAGOS: Free to roam the yard, correct?

SKULTETY: Yes.

GERAGOS: And you had noted in your report the dog was not aggressive to anyone who entered the yard, correct?

SKULTETY: That I saw, no.

GERAGOS: The dog bark a lot?

SKULTETY: The dog was barking when other officers were in the backyard filming.

GERAGOS: Okay. But it was not aggressive?

SKULTETY: Not that I saw, no.

GERAGOS: Now, you were all the detectives, those that were there, you are the crime scene. How many total detectives, law enforcement personnel were there that day on the 26th at approximately 7:30 to start the search?

SKULTETY: I would have to count them up. There was probably somewhere in the neighborhood of 15, maybe 17.

GERAGOS: And were they all Modesto PD?

SKULTETY: No.

GERAGOS: Also FBI personnel there?

SKULTETY: That's correct.

GERAGOS: You had FBI personnel there because the FBI had a more sophisticated -- or had a test, so to speak, that could identify any evidence of blood, correct?

SKULTETY: Luminol.

GERAGOS: And they were there to test and to go through that house, basically, and see if they could find any blood anywhere; isn't that correct?

SKULTETY: No.

GERAGOS: Weren't they there to determine through the Luminol?

SKULTETY: I'm sorry?

GERAGOS: Weren't they there to use the Luminol process to determine if there was any blood?

SKULTETY: Yes.

GERAGOS: Now, the -- you also wanted to look for any other evidence which may be associated with a struggle; isn't that correct?

SKULTETY: That's correct.

GERAGOS: Okay. And you had advised all the officers as there being a possibility that the house could have been cleaned up, so you better look on the baseboards, you look in creases, you look in lower portions of the furniture, correct?

SKULTETY: That's correct.

GERAGOS: At that point you were looking for anything that would show evidence that there had either been a struggle, or a crime had occurred in that house, correct?

SKULTETY: That's correct.

GERAGOS: Now, you also were told -- somebody told you that Scott had been seen vacuuming in the family room area; is that correct? Not listed here as family room. But in your report you call it family room. What did you mean by family room?

SKULTETY: The living room.

GERAGOS: All right. So did you do something, direct the CSO Lovell to do something in that area?

SKULTETY: Yes. I instructed him to vacuum the area again with the vacuum that would collect the debris. It's a special vacuum, where the debris is trapped. And we book the vacuumings into evidence.

GERAGOS: Okay. Was he vacuuming right over here where I'm putting my pen?

SKULTETY: To my -- when I saw him vacuuming, he was vacuuming the carpeted area.

GERAGOS: Okay. Where is that? Can you point to it, or draw with a red pen?

JUDGE: There is a pointer there. You mark -- there is a pointer.

GERAGOS: I was going to ask, judge -- If I could, detective, the specific area that he vacuumed with this special vacuum that maintains whatever evidence that is vacuumed up, you then put that -- that bag that was labeled, item number 14, correct?

SKULTETY: Yes.

GERAGOS: Okay. You write a number 14 and, slash, vacuum where that was?

SKULTETY: I can't speak to the entire area he vacuumed, because I wasn't present.

GERAGOS: Where did you direct him to do it?

SKULTETY: Vacuum this room. There was -- when I saw him vacuuming, when I saw him, he was vacuuming this area.

GERAGOS: Okay. Now, you then saved -- I assume this device is some kind of a vacuum that has a container so that when you vacuum up whatever the area is, if there is any hair, fiber, any other kind of trace evidence, it will go into the bag, then when you empty the bag, you can put it into an envelope and mark it send it off to the Department of Justice; is that correct?

SKULTETY: That can all be done, yes.

GERAGOS: Okay. And it was your intent at that point that that area be vacuumed with that equipment so you could collect any debris, correct?

SKULTETY: Yes.

GERAGOS: Okay. Now, you then directed the FBI forensic team -- there was an FBI forensic team there, right?

SKULTETY: Yes.

GERAGOS: Okay. They were assigned -- did you assign them, since you were the crime scene manager?

SKULTETY: Prior arrangements had been made prior with supervisors to have them search a particular area of the residence.

GERAGOS: Okay. And since -- if there was this idea that Scott had actually kept his house clean, the FBI team, forensic team, was told to go and search -- thoroughly search this area around the washer and dryer for any signs of a struggle, correct?

SKULTETY: That's correct.

GERAGOS: Okay. Now, they -- did you see them do that?

SKULTETY: Yes. I saw them working in that area.

GERAGOS: Okay. When you see working in that area, what is it that you saw them doing in that area?

SKULTETY: When I saw them, they were on their hands and knees looking at something. I didn't bother them.

GERAGOS: Okay. How many people were on the FBI forensic search team?

SKULTETY: Five or six.

GERAGOS: Five or six?

SKULTETY: I believe, yes.

GERAGOS: They were in there, they had unfettered access, I assume, to the house to search for any kind of trace evidence whatsoever, correct?

SKULTETY: I spoke with the supervisor of their unit. And what their agreement was, or the working arrangement was that they would search the area near the washer and the dryer and the living room area, and that immediate area. And then Modesto PD person would search the remainder of the residence. If we found something we would summon them. They would begin searching further.

GERAGOS: Okay. Now, where did you start this search, your search for Modesto PD? I know where the FBI forensics team is. Where did the Modesto PD search? Did you start in the bedroom? Did you start in the bathroom? Where did you go?

SKULTETY: There was various personnel. They were -- each person was assigned a different area of the residence.

GERAGOS: Okay. One of the places that you went into was the guest bedroom, we have got marked on there as the second bedroom; is that correct?

SKULTETY: Yes.

GERAGOS: Okay. And located on the desk there is a -- there was a computer and a desk in there; is that correct?

SKULTETY: That's correct.

GERAGOS: Okay. You saw where the desk was in that second bedroom?

JUDGE: Put an "X". Draw a line out and write "Desk" at the end of the line. Just put an "X". Draw the line out.

SKULTETY: Right side. Okay.

JUDGE: That's fine. Just write "Desk". If you need to point you can pick this up in case you need it.

GERAGOS: Okay. Now, when you got there, was there, in the guest bedroom, something that you identified as a folding pocket knife, correct?

SKULTETY: Yes.

GERAGOS: Okay. And that was located on the desk near the computer, right?

SKULTETY: That's correct.

GERAGOS: The blade was open, right?

SKULTETY: Yes.

GERAGOS: Okay. There appeared to be a brownish-colored staining on the blade, right?

SKULTETY: Yes.

GERAGOS: You collected it as evidence, right?

SKULTETY: Yes.

GERAGOS: And I assume in one of those pictures that you got in one of your binders, you have got an evidence envelope where it was placed inside of that, then sealed, and then sent off to the Department of Justice to be tested, correct?

SKULTETY: I actually put it in a box. I left the blade open.

GERAGOS: Okay. So you didn't want to tamper with it so that if there was, in fact, blood on there, it could be tested in the same state in which you recovered it, correct?

SKULTETY: That's right.

GERAGOS: Now, in addition to that, you assigned Rick House, the detective we talked about before, to go out and examine the vehicles parked in the driveway, right?

SKULTETY: Yes.

GERAGOS: Okay. And you had directed that both of those vehicles be towed away, right?

SKULTETY: Yes.

GERAGOS: Then you found on the front porch a pair of work boots; is that correct?

SKULTETY: Yes.

GERAGOS: Okay. They were collected, and they were identified as what?

SKULTETY: Can I look?

GERAGOS: Sure. If I were to tell that you your report indicates on 2126, evidence items 12-A and B, would that refresh your recollection as to what it was?

SKULTETY: That sound correct.

GERAGOS: I have got it as Bates number 2126.

SKULTETY: Yes.

GERAGOS: Okay. Now, same -- is it the same process? These Timberline work boots which are found on the front porch on here?

SKULTETY: The front porch would be near the door in the courtyard.

GERAGOS: Okay. Can you just mark "Shoes"?

JUDGE: They are boots, aren't they?

GERAGOS: Why don't you about put "Boots" items 12-A and B. And I assume that they were packaged, sealed, so that they can then be tested, correct?

SKULTETY: I don't know what the result -- what they did with them after they were collected.

GERAGOS: It was your intent, at least, to collect them as potential evidence, correct?

SKULTETY: Yes.

GERAGOS: Okay. The next thing that you identified, at least in your report, is a pair of Timberline brand tennis shoes which were found on the rear porch. Those were collected and identified as 13-A and B. Can you put down where the shoes -- tennis shoes 13-A and B, where that was found?

SKULTETY: Somebody has already marked it right here, "T Shoes".

GERAGOS: Are those the same shoes?

SKULTETY: I believe so.

GERAGOS: Same location, I should say?

SKULTETY: Yes.

GERAGOS: Okay. Now, when those were collected, did you identify them on an envelope similar to what you have done?

SKULTETY: I believe they were put into a paper bag.

GERAGOS: Okay. Do you have a copy or a picture of that for Timberland tennis shoes?

SKULTETY: I don't believe so, no.

GERAGOS: You did not bring that with you? Okay. Now, at some point you directed somebody to go to the hallway closet; is that correct?

SKULTETY: Yes.

GERAGOS: Okay. Can you show in the hallway closet, which you describe as near the bathroom, where you found a Dirt Devil vacuum cleaner?

SKULTETY: That's where the number 27 will point, or where it says number 27, vacuum. It's been marked.

GERAGOS: That's the Dirt Devil vacuum that was found?

SKULTETY: Yes.

GERAGOS: Now, when you found that, was that collected as well?

SKULTETY: I'm sorry?

GERAGOS: Was that collected as evidence?

SKULTETY: Yes.

GERAGOS: When that was collected, did you also find an upright vacuum cleaner?

SKULTETY: Are you reading from report? The numbers are a little off on that. The vacuum was 27. The upright. The upright Dirt Devil is number 27, and the number 14 in the paragraph is the debris.

GERAGOS: Okay. Were there two vacuums that were here?

SKULTETY: There is a hand held Dirt Devil which was not collected.

GERAGOS: And that was in there. And you identified, at least in your report, that the Dirt Devil was there, and collected, and marked as an evidence item, as number 27. That's incorrect in your report?

SKULTETY: Yes, sir. The upright is a Dirt Devil as it's identified as 27. Item 14 is the debris. That paragraph doesn't describe it properly.

GERAGOS: It doesn't describe it accurately, because in the report it says an upright vacuum cleaner was in this closet as number 14. That's not correct?

SKULTETY: No. As I said, it's number 27.

GERAGOS: Okay. The paper bag which is in the back of the vacuum; is that correct? There was a paper bag on the back of the vacuum?

SKULTETY: There is a bag on it, built on the vacuum.

GERAGOS: Was there -- did you do something to collect whatever debris was contained within the vacuum itself?

SKULTETY: I took the vacuum. As I say, I didn't do anything to it.

GERAGOS: Okay. Was there a paper bag placed under the base of the vacuum cleaner to prevent any debris from falling in the vacuum?

SKULTETY: I did place a bag underneath it.

GERAGOS: Placed it on top of the bag, or inside of the bag?

SKULTETY: That's correct. So nothing would fall out. But I did nothing to the vacuum other than that.

GERAGOS: Okay. So you take the vacuum, you place it basically inside of the paper bag, correct?

SKULTETY: Yes.

GERAGOS: Okay. Then that's taken and placed into evidence, correct?

SKULTETY: That's correct.

GERAGOS: For future testing, correct?

SKULTETY: If so desired, yes.

GERAGOS: Okay. Now, in the master bedroom, there was a comforter that we talked about, correct?

SKULTETY: Yes.

GERAGOS: Okay. And then there was jewelry that was in there as well; is that correct?

SKULTETY: Jewelry?

GERAGOS: Jewelry.

SKULTETY: Yes.

GERAGOS: During your search, did you find a gold and diamond Croton watch?

SKULTETY: I did not. The search was -- in that bedroom was conducted by Ray Coyle.

GERAGOS: Okay. Anywhere, to your knowledge, during the -- you were crime scene manager for both the 26th and the 27th; is that correct?

SKULTETY: That's correct.

GERAGOS: Any time on the 26th or the 27th, as the crime scene manager, did you ever see collected a gold and diamond Croton watch?

SKULTETY: I got to tell you, we collected a lot of jewelry. I don't know each individual item.

GERAGOS: Okay. You also collected an insurance card; is that correct?

SKULTETY: In the master bedroom. Again, it would be by Detective Coyle.

GERAGOS: And then a hamper was located in the corner of the bedroom?

SKULTETY: Yes, that's correct.

GERAGOS: Is it a fair statement that there was a pair of blue jeans that were found in an armoire in the master bedroom?

SKULTETY: Yes.

GERAGOS: Okay. Those look to be men's blue jeans?

SKULTETY: Yes.

GERAGOS: Okay. Did you collect those as evidence?

SKULTETY: Yes, we did collect a pair of blue jeans.

GERAGOS: They were identified as evidence item 52, weren't they?

SKULTETY: I believe that sounds correct.

GERAGOS: You mark down where in the bedroom you found those items, or that item?

JUDGE: Do it the same way. Draw a line. Those are the blue jeans?

SKULTETY: Yes. And I included them.

JUDGE: The brand?

SKULTETY: C-20 brand.

GERAGOS: Now, the hamper in the master bedroom, I'm going to -- that's been marked as People's 7. Does that look familiar to you?

SKULTETY: Yes, I have seen this photo.

GERAGOS: Is that how the hamper looked on that day?

SKULTETY: At some point it was photographed.

GERAGOS: Well, as the crime scene manager, was it your instructions that the photographs be taken of the location as it was when you secured it, and made sure that nobody else was in there but law enforcement?

SKULTETY: That was accomplished through a video at the beginning. And then once the detectives began searching, we had two photographers at the scene.

GERAGOS: I'm going to show you a picture -- two pictures taken from the video. Are these the video -- would be the video that was taken approximately the first hour when officers showed up?

SKULTETY: My guess is the one in my right hand, which says 8:46 in the p.m. would be our entry video. This other video on my left land with the sunlight coming through, I'm going to guess is an exit video, or taken at another time.

GERAGOS: Okay. Now, the one at right, which I'll mark as defendant's next in order.

JUDGE: Okay that's triple I. Photograph Marked as Exhibit III for identification.

GERAGOS: It's a photo of the hamper with

JUDGE: From the video?

GERAGOS: With a time. Says 8:46:16.

JUDGE: Time stamp.

GERAGOS: Time stamp.

JUDGE: From the video.

GERAGOS: Next in order is an another photo also. Hamper with what appears to be.

JUDGE: That is --

GERAGOS: Next to a dresser, and a black -- what appears to be dog bed on the floor.

JUDGE: That time stamped?

GERAGOS: No, that one is not.

JUDGE: Triple J. Photograph marked as Exhibit JJJ for identification.

GERAGOS: Now, people's 7 when would this have been taken?

JUDGE: If you know.

SKULTETY: I don't know exactly when it was taken. Looks like it was taken during the daylight.

GERAGOS: Well, do you have any kind of a process by which, when you go into the location, you specifically say, I want you to videotape the location first?

SKULTETY: Yes. What we do is when we -- before we start any process, we conduct a videotape before any searching is conducted. I believe that right there is the picture from the videotape.

GERAGOS: Best of your knowledge, the other --

SKULTETY: The other photo. I'm sorry.

GERAGOS: I was just going to ask you, the best of your knowledge, would the location be the same in the videotape as it was when you entered? I mean the videotape would be the best evidence of what it looked like when you entered the location to execute the search warrant?

SKULTETY: Yes.

GERAGOS: Okay. Now, this photo here, this hamper which has clothes in it, you were specifically looking for clothes, were you not?

SKULTETY: Some clothes, yes.

GERAGOS: Okay. Now, did you go through and itemize the clothes that were in the hamper?

SKULTETY: No, I did not.

GERAGOS: Do you know if you had anybody itemize the clothes that were in the hamper?

SKULTETY: That was -- to my knowledge, that was not done.

GERAGOS: Was not done?

SKULTETY: To my knowledge, no.

GERAGOS: Okay. Now, this picture here, which you called the -- which you think is the exit video because it appeared lighter, which is triple J, does that look to you like there is a difference in the clothing between that and People's 7?

SKULTETY: Yes.

GERAGOS: Okay. Now, who would have taken the still photos?

SKULTETY: I said there was several photographers there, but I can't tell from looking at the photo.

GERAGOS: Did you take any of the clothes that were in the hamper as evidence items?

SKULTETY: To my knowledge, no items of evidence were located in the hamper.

GERAGOS: Okay. Now, at some point, there was also a search of the baby's room; is that correct? In the nursery?

SKULTETY: Yes.

GERAGOS: Okay. And in the nursery area -- could I have one moment?

GERAGOS: Was there a sonogram that was taken out of the nursery?

SKULTETY: Yes.

GERAGOS: And that was recovered or taken as an evidence item?

SKULTETY: Yes.

GERAGOS: Was there also two pairs of black stretch pants that were removed and marked as evidence items 37-A and B?

SKULTETY: Yes.

GERAGOS: Those were also in the nursery?

SKULTETY: Yes.

GERAGOS: Okay.

JUDGE: Can I interrupt just for a second? Does the jury need an afternoon recess? I may have a short recess. We're all okay. Go ahead. Just want to make sure everybody is all right.

GERAGOS: In the dining room area, there was a Louis Vuitton purse --

JUDGE: Go ahead, Mr. Geragos.

GERAGOS: Dining room area there was a Louis Vuitton purse, is that correct?

SKULTETY: Yes.

GERAGOS: That Louis Vuitton purse, that was sitting on part of the dining room table; is that correct?

SKULTETY: That was on the table, correct.

GERAGOS: Right. That was collected and identified as an evidence item as well, right?

SKULTETY: Yes.

GERAGOS: Okay. Then in the kitchen, there was a cassette that was taken out of a voicemail machine; is that correct? Of an answering machine?

SKULTETY: That's -- no, that's not correct.

GERAGOS: Wasn't there a tape that was identified as an evidence item, 44-B?

SKULTETY: Yes, sir.

GERAGOS: Okay.

SKULTETY: The tape -- the answering machine was digital, so we couldn't get a tape out of it. I made a recording of the messages and identified it as --

GERAGOS: You took the machine itself; is that correct?

SKULTETY: That's correct.

GERAGOS: You also found some handwritten notes on the countertop, correct?

SKULTETY: Yes.

GERAGOS: You marked those as evidence, right?

SKULTETY: Yes.

GERAGOS: You had found jewelry receipts that were on the counter, marked as evidence?

SKULTETY: Yes.

GERAGOS: You took a calendar that was hanging on the north wall, correct?

SKULTETY: Yes.

GERAGOS: And a yoga schedule that was on the refrigerator?

SKULTETY: Yes.

GERAGOS: Okay. There was also a brown stain which you found near the trashcan on the kitchen floor, correct?

SKULTETY: Yes, sir.

GERAGOS: Where was that brown stain? Can you mark down where that was?

SKULTETY: Okay.

GERAGOS: Now, did you -- you had some ability there to do what's called a presumptive test for blood on that stain?

SKULTETY: Yes.

GERAGOS: And what was the result?

SKULTETY: Negative.

GERAGOS: Which means it wasn't blood?

SKULTETY: Right.

GERAGOS: Is that correct? Now, this is -- this specific, what you call a family room, but what's identified up there as a living room, correct?

SKULTETY: Yes.

GERAGOS: And then you specifically found a brownish colored splatter on a water heater door; is that right?

SKULTETY: That's correct.

GERAGOS: Okay. Did you do something with that?

SKULTETY: I instructed Detective Dodge Hendee to collect a sample, or to examine it and collect it.

GERAGOS: Where was that?

SKULTETY: It was on the water heater next to the washer and dryer.

GERAGOS: Okay. That turned out to be negative for blood as well didn't it?

SKULTETY: Oh presumptive test, yes.

GERAGOS: Presumptive test means, before you get into any kind of extensive testing at the lab, you can do just a handier, if you will, presumptive blood test that will do a wide screening, and see if it falls within the category of items that would be blood?

SKULTETY: Yes.

GERAGOS: That was negative, right?

SKULTETY: Yes.

GERAGOS: Then there was a laundry basket area separate and apart from -- if we call this the hamper that I'm pointing to right here, there is another area that you -- that was labeled as the laundry basket, or the you call -- referred to as laundry basket, correct?

SKULTETY: I believe the laundry basket was on the washer and dryer area.

GERAGOS: Now, contained in that laundry basket were a t-shirt and fleece jacket, right?

SKULTETY: Yes.

GERAGOS: Okay. And that was marked. You took that as evidence items?

SKULTETY: Yes.

GERAGOS: 45-A and B? I'm looking at 2130.

SKULTETY: Yes.

GERAGOS: Bates number stamp?

SKULTETY: Yes.

GERAGOS: So you marked those. You found the T-shirt. You found the fleece jacket, thought they may be either related to some kind of a struggle, or something related to Scott Peterson, so you took those as evidence, correct?

SKULTETY: Yes.

GERAGOS: Okay. Then you took an -- also found a pair of blue Levis jeans. This is separate and apart from the jeans that you took out of the armoire in the master bedroom, correct?

SKULTETY: That's correct.

GERAGOS: This was a separate pair of Levis jeans that were inside of the washer, right?

SKULTETY: Yes.

GERAGOS: And you took those. And those were marked as evidence item 46, correct?

SKULTETY: Yes.

GERAGOS: Now, you then directed that something the jury has seen, you can even see in the corner of this picture that's up on the screen, that there is hardwood floors in some of the rooms, but also there is also carpets or rugs, aren't there?

SKULTETY: Yes.

GERAGOS: That's correct, what those rooms had carpets?

SKULTETY: There was -- the only room that had a carpet that I recall is the living room, which I call it the family room, had an installed carpet. There was throw rugs or larger area rugs in the dining room, I believe the master bedroom, and the nursery. And there may have been one in the second bedroom.

GERAGOS: Is it a fair statement that samples of all the carpets in the residence were taken and marked as evidence items?

SKULTETY: That's correct.

GERAGOS: One of the reasons that you do that is that if there is going to be any determination of fiber comparisons, you have a sample of the carpets and their fibers, you can compare them later on, correct?

SKULTETY: Like an elimination sample.

GERAGOS: Okay. And how many total samples would you say you took, carpet samples?

SKULTETY: Exact number I don't know. I instructed Detective Hendee to do that.

GERAGOS: Okay. Then at that point you located the dog's leash outside in the backyard?

SKULTETY: Yes.

GERAGOS: That was marked has an evidence item number 48; is that correct?

SKULTETY: That's correct.

GERAGOS: Okay. And you already told Mr. Distaso that you took in the blue tarp, right?

SKULTETY: Blue tarp.

GERAGOS: Did you mark the blue tarp as located outside on top of the lawnmower?

SKULTETY: Outside in the outside shed?

GERAGOS: Yes.

SKULTETY: Yes. There was one collected.

GERAGOS: Did you also find a backpack?

SKULTETY: Detectives Ruskamp did.

GERAGOS: Okay. Now, did that backpack contain a two-day fishing license marked as evidence item number 52?

SKULTETY: Detective Ruskamp did present me with a fishing license, which was booked, yes.

GERAGOS: That's an older two-day fishing license, correct?

SKULTETY: I believe it was 2000.

GERAGOS: Okay. Now, the small shed you testified you saw the boat cover, correct?

SKULTETY: I don't remember talking about the boat.

GERAGOS: Did you not see the boat cover?

SKULTETY: I saw it, but I don't recall testifying to it.

GERAGOS: The boat cover itself. I'm not asking if you testified. Did you see the boat cover?

SKULTETY: Yes.

GERAGOS: What else was in that shed with the boat cover?

SKULTETY: I glanced at it quickly. There is a lot of garden tools in there.

GERAGOS: Was there a -- was there any lawnmower type equipment?

SKULTETY: There was a blower.

GERAGOS: Leaf blower?

SKULTETY: There was a blower.

GERAGOS: Now, the -- did you see a lawnmower with an open gas cap as well?

SKULTETY: Turned out that that was -- I was told that information. Turned out it was a blower.

GERAGOS: Okay. So when you wrote in your report that was near a lawnmower with an open gas cap, you were relying on somebody else's mis-description of what it was?

SKULTETY: I had seen the boat cover. I had scanned it. And then I was told that it was -- had gas on it, because the lawnmower had spilled some gasoline on it. I later learned that it was a blower.

GERAGOS: Okay. You have a laundry list of items that starts on page 2131 goes through 2133; is that correct?

SKULTETY: That's correct.

GERAGOS: Okay. I'm going to -- if you got that in front of you, I'm going to go through some of these items and ask you if -- let me make it simpler first. Are all the items that I would ask you about, numbered 1 through -- looks like 60. Were those all taken into evidence?

SKULTETY: Yes.

GERAGOS: Okay. Now, when I say taken into evidence, you would put them into some kind of evidence envelope, put your initials on it; is that correct?

SKULTETY: There was a few items that was not done on. But for the most part, yes.

GERAGOS: Okay. What would be the reason for not doing it with some items?

SKULTETY: We seized some of these items, like the pickup trucks, the large umbrellas, things like that, we didn't bag and initial.

GERAGOS: Can you tell me the -- when you seized the items, do you -- is it the normal course and practice of Modesto PD to write down the day that you actually seize it?

SKULTETY: Yes.

GERAGOS: And is it also -- are you instructed that the item is to be placed into an evidence bag, and to put your initials on it?

SKULTETY: Yes.

GERAGOS: Okay. Are you supposed to also date it the day that you take it into evidence?

SKULTETY: I do. I initial it -- when I seal it, I initial it and date it, yes.

GERAGOS: Okay. Is that also the practice of the other Modesto Police Department detectives that you are aware of?

SKULTETY: Yes.

GERAGOS: Okay. When, for instance, if I go into the evidence room with you, and we look at an item of evidence in one of these bags, you will take a razor blade, open it, look at it, then you will seal it back up together, and both of us will initial and date it, so you know when somebody entered into that evidence; isn't that correct?

SKULTETY: That's correct.

GERAGOS: Now, the specific items that you collected, do you have -- one of the things that Mr. Distaso asked you about, was this blue-black hairbrush. Do you have the picture of that in front of you, that item?

SKULTETY: No, it's not here.

DISTASO: It's in that book.

JUDGE: Court reporter needs a recess, okay, before his fingers fall off. Okay. He didn't get a recess when you guys were back there. We were still in chambers doing something. So I got to give him a break. We'll take -- give you 15 minutes. We'll give you 15 minutes. Until 20 after. Remember the admonition heretofore given.

JUDGE: All right. This is People vs. Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. Go ahead, Mr. Geragos.

GERAGOS: Thanks. We left off, Detective, there were these 60 items that had been collected that -- what is that, both the 26th and the 27th?

SKULTETY: That's correct.

GERAGOS: Now, on the 26th, the items that were collected -- did you delineate which came from the search for forensic evidence on the 26th and which were on the 27th? Or did you just numerically assign evidence item numbers to everything that was collected?

SKULTETY: In this -- in this particular search we just conducted items 1 through 60. We didn't divide them up between the days. The only items that were taken on the 26th were the computer items or the -- such -- the computer items and then items like the knife we were talking about and the boots that we didn't want to leave outside with the animal. The dog.

GERAGOS: Okay. The -- you see item 28-I?

SKULTETY: Yes.

GERAGOS: The shotgun shells. Where were those recovered from?

SKULTETY: I believe those were out of the closet in the second bedroom.

GERAGOS: In the second bedroom, the guest bedroom area where the men's closet was?

SKULTETY: Yes.

GERAGOS: Okay. Now, item 29, what was that?

SKULTETY: It says it's a Principal Financial Group binder. I'm guessing that that was also taken out of the desk in the guest bedroom.

GERAGOS: Okay. Now, that also says it's described as a Principal Finance Group binder with life insurance policies. And specifically it states dated 6/25 of 01, correct?

SKULTETY: Yes.

GERAGOS: Now, the -- you had also at that point the item number 34, which were the Verizon cell phone bills, correct?

SKULTETY: Yes.

GERAGOS: You also had item 35, which was the unopened AT&T Wireless bill for Scott Peterson, correct?

SKULTETY: Yes.

GERAGOS: Then you also had 37 A, which was described as a Motherhood brand black pants, size medium, correct?

SKULTETY: Yes.

GERAGOS: Where were those collected from?

SKULTETY: I believe A and B were taken out of the nursery.

GERAGOS: Okay. IN Due Time brand black women's pants, size medium, also taken out of the nursery?

SKULTETY: Yes. 37 A and B. That white bag you discussed earlier in the nursery.

GERAGOS: Okay. When you say the white bag, the one that was in the nursery itself, near the crib?

SKULTETY: That was near the door.

GERAGOS: Near the door. Okay. And both of those pairs of pants were seized as evidence to be tested; isn't that correct?

SKULTETY: It was seized pursuant to -- it was one of the items that were listed that we were looking for.

GERAGOS: Okay. Now, item 42 B was a Columbia brand fleece jacket, size extra large. That's the one we talked about before?

SKULTETY: Yes.

GERAGOS: Okay. And the carpet samples were 47, right?

SKULTETY: Yes.

GERAGOS: Now, you also had seized a 35 mm camera, right?

SKULTETY: At least one.

GERAGOS: Okay. And that included rolls of film, right?

SKULTETY: Yes.

GERAGOS: Okay. And then you also took the -- I won't show the pictures again, but previously we've seen with some other witnesses some patio umbrellas, correct?

SKULTETY: Yes.

GERAGOS: You seized those as well?

SKULTETY: Yes.

GERAGOS: Okay. And you took a hair fiber sample from the umbrella?

SKULTETY: There was a hair on one of the umbrellas, yes.

GERAGOS: And that was tested, 53 D?

SKULTETY: I don't know if it was tested or not. Just so you know, I booked the items. The investigators are the ones that make the decision down the road what to send to the lab to be examined.

GERAGOS: Okay. Now, at some point on the 30th, were you -- let's see, was the boat taken in? Were you the crime scene manager only at the house --

SKULTETY: Yes.

GERAGOS: -- or did you go to the warehouse as well?

SKULTETY: I have not been to the warehouse.

GERAGOS: Okay. At some point did you go and supervise the -- a inspection of the 14-foot aluminum boat?

SKULTETY: Yes.

GERAGOS: Okay. And did you have a gentleman come from a place called Tunney's, T-U-N-N-E-Y apostrophe S Marine?

SKULTETY: Yes.

GERAGOS: And that was to examine the boat on the back of the -- the engine on the back of the boat?

SKULTETY: That's correct. I had been told that it -- somebody said they didn't know if it started. And so I believe his name was Mr. Tunney.

GERAGOS: Mr. Donabedian, D-O-N-A-B-E-D --

SKULTETY: That's right --

GERAGOS: -- I-A-N?

SKULTETY: -- from Tunney's. Tunney's. He came and examined the motor.

GERAGOS: Okay. And he first examined it in your presence, right?

SKULTETY: Yes.

GERAGOS: Okay. He attempted several times to pull -- pull-start it, right?

SKULTETY: Yes. At one point, yes.

GERAGOS: Okay. He was met with unsuccessful results. Meaning he kept trying to pull-start the engine and couldn't do it, correct?

SKULTETY: Yes.

GERAGOS: And he found the pull-start was hard to pull?

SKULTETY: What it was was, I don't know if it was hard, but eventually somebody put their foot on the motor -- not on it but up against it, and it fired right up.

GERAGOS: Okay. I've got 2135, where -- the first paragraph. Read that silently to yourself, the yellow highlighted portion.

SKULTETY: Yes, sir.

GERAGOS: Okay. Does that refresh your recollection as to whether or not the pull-start was hard to pull?

SKULTETY: Yes.

GERAGOS: It was, correct?

SKULTETY: Yes.

GERAGOS: Okay. And after several attempts, you don't remember who, but somebody placed their foot on the bottom of the motor when they pulled the rope, and then that was done, and the boat motor started, correct?

SKULTETY: Correct.

GERAGOS: Okay. At that point the motor was dismantled; is that correct? Donabedian dismantled it in your presence?

SKULTETY: Yes.

GERAGOS: Now, the -- and you took samples from the gas tank, right?

SKULTETY: Yes.

GERAGOS: And when I say samples, samples of either the oil, gas and any other water that you may have found?

SKULTETY: The gas --

GERAGOS: The oil and gas is mixed in this?

SKULTETY: Right. And I took a sample of whatever was in the gas tank, yes.

GERAGOS: Okay. You also collected on the bottom of the boat two items which appeared to be associated with a fishing reel; marked those as items 310, correct? I'm referring specifically to 2136. Bates number stamped on the bottom.

SKULTETY: Can you repeat the question again, please.

GERAGOS: Sure. Besides having Donabedian try and start the engine, and then dissemble the engine, or disassemble the engine, you also had found two items which you believed to be associated with a fishing reel, and they were collected and marked as item number 310, correct?

SKULTETY: Correct.

GERAGOS: Now, the -- can I have just one moment?

JUDGE: Sure.

GERAGOS: Judge, could I have one moment? We had agreed earlier he would be put on today for a specific purpose.

JUDGE: Yeah, that's okay.

GERAGOS: And I want to make sure I've covered everything on that.

GERAGOS: And then at some point was there a -- if I understand correctly, debris was vacuumed from the bottom of the boat? Is that what you've told Mr. Distaso?

SKULTETY: Yes.

GERAGOS: Okay. Who did that, do you know?

SKULTETY: Should have been --

GERAGOS: Who actually did it?

SKULTETY: CSO Doug Lovell.

GERAGOS: And that was at your direction?

SKULTETY: Yes, sir.

GERAGOS: And that was -- and you were assigned to oversee the removal of all items that were in the aluminum boat; is that correct?

SKULTETY: Yes.

GERAGOS: Now, the items that you found in there, there was a wooden oar, a life vest, two seat cushions, correct?

SKULTETY: Yes.

GERAGOS: An aluminum trailer jack, right?

SKULTETY: Yes.

GERAGOS: A spare trailer tire --

SKULTETY: Yes.

GERAGOS: -- is that correct? Three bungee cords?

SKULTETY: Yes.

GERAGOS: A six point four ounce plastic bottle of two-cycle oil?

SKULTETY: Yes.

GERAGOS: Electrical tape and debris vacuumed from the bottom of the boat --

SKULTETY: Yes.

GERAGOS: -- is that right? Now, all of those items were placed into evidence; is that correct?

SKULTETY: Yes.

GERAGOS: Okay. And when you had Lovell vacuum it, was it after you had removed all the items?

SKULTETY: Yes.

GERAGOS: Okay. And then you have him place that, the vacuum debris, into a sealed envelope; is that correct?

SKULTETY: I placed the debris into an envelope and then seal it, yes.

GERAGOS: Okay. Thank you. I have no further questions at this time.

 

Redirect Examination by Rick Distaso

JUDGE: Any redirect, Mr. Distaso?

DISTASO: Yes, your Honor.

DISTASO: Detective Skultety, the items that were taken out of the boat that counsel just asked you about, those were items that had been in the boat originally that, I guess, had remained there until February 14th?

SKULTETY: Yes.

DISTASO: And let's just go through those. There was one wooden oar?

SKULTETY: Yes.

DISTASO: Not two?

SKULTETY: That's correct.

DISTASO: There was one orange life vest?

SKULTETY: That's correct.

DISTASO: And you didn't find any others, did you?

SKULTETY: That's correct.

DISTASO: Two blue seat cushions, right?

SKULTETY: Yes.

DISTASO: Now, were those the seat cushions that are attached to the boat? Or were those seat cushions loose somewhere in the boat?

SKULTETY: I believe they were loose ones.

DISTASO: Three -- it says black rubber straps?

SKULTETY: It would be like -- they have the black bungee cords, the heavy black rubber bungee cords.

DISTASO: With a hook on each end?

SKULTETY: Yes.

DISTASO: One roll of black electrical tape?

SKULTETY: Yes.

DISTASO: A plastic bottle of two-cycle oil?

SKULTETY: Yes.

DISTASO: And debris vacuumed from the bottom of the boat?

SKULTETY: Yes.

DISTASO: And that's what you just told counsel that Doug Lovell did?

SKULTETY: Yes.

DISTASO: The -- the fishing reel parts that counsel asked you about, I think that was number 310?

SKULTETY: Yes. That was taken at a different date.

DISTASO: What day was that?

SKULTETY: That was December 30th of 02.

DISTASO: Okay. Those -- those were just miscellaneous parts from a fishing reel?

SKULTETY: That's what I believe they were, yes.

DISTASO: It wasn't an entire fishing reel?

SKULTETY: No.

DISTASO: And what exactly were the parts that were taken? Describe for the jury what were those parts; do you know?

SKULTETY: I believe it was the handle from the crank off the reel, if I remember correctly.

DISTASO: The pictures that counsel showed you about -- from the -- from the videos, this is People's JJJ, this one's not time stamped, but when do you believe it was taken?

SKULTETY: I believe it was taken during the day, and so that would have been the only videos we took on this -- if this is taken from the 26th/27th search warrant, the only videos we took were at nighttime on the 26th, which was our pre-search video. And then we took an exit video on the 27th, and the sun was out at that time.

DISTASO: So on the 26th you come into the house and you videotape the house as it looks before you all start searching?

SKULTETY: Yes.

DISTASO: The jury's seen that video today. Then you search the house, correct?

SKULTETY: That's correct.

DISTASO: And if somebody looks through that hamper and takes all the clothes out one or two times, is the hamper going to look differently when you do the exit video than when you did the entry video?

SKULTETY: I would say that it would look different.

DISTASO: And in this particular picture in the exit video, the -- do you see any paper bag around that particular hamper?

SKULTETY: No.

DISTASO: Okay. In this particular -- and this picture from -- from the -- what appears to be the entry video, is there any paper bag that's around the area of that hamper?

SKULTETY: Not that I see.

DISTASO: Counsel asked you about these evidence items and how these bags were -- this one's the gun, People's 71. What are the -- the earliest initials there when this bag was opened? Do you see any on there?

SKULTETY: When it was first opened?

DISTASO: Well, what are the earliest initials? Do you see those at the top there? Look through them all, if you want to.

SKULTETY: It looks like -- looks like 12/26/02.

DISTASO: And on 12/26/02, whose initials are those, do you know?

SKULTETY: I believe those to be Karen Dahlberg.

DISTASO: And is Karen Dahlberg an evidence technician at the Modesto Police Department?

SKULTETY: Yes.

DISTASO: And it says on the bag "AFS info." Why do evidence techs open gun -- when weapons are booked into evidence, why do evidence techs open up the bags?

SKULTETY: There's certain information that they need to enter the firearm into a computer, for reporting reasons. And we do not always include the information that they need, so they'll need to -- they usually will open the item to get the information they need off the weapon, and then reseal it.

DISTASO: Okay. So it appears that that's what occurred on the 26th

GERAGOS: Objection.

DISTASO: -- of December of 02?

GERAGOS: Calls for speculation.

JUDGE: Sustained.

DISTASO: People's 80, this bag of cement, is this something that you booked also?

SKULTETY: Yes.

DISTASO: And what day did you book that?

SKULTETY: On 12/27 of 02.

DISTASO: And that was part of the search warrant that was done on December 26th and the 27th of 2002?

SKULTETY: Yes.

DISTASO: No further questions.

 

Recross Examination by Mark Geragos

JUDGE: Any other cross-examination, Mr. Geragos?

GERAGOS: The -- what was the earliest entry on that evidence bag for the gun?

DISTASO: I can show it to him again, Judge. I took it back.

SKULTETY: I believe it was 12/26.

GERAGOS: Do you see -- when you normally book something into evidence, do you put your initials on it and the date that you book it into evidence?

SKULTETY: I do, yes.

GERAGOS: Okay. Isn't that what you're instructed to do as a detective at the Modesto PD? When you seize evidence you're supposed to, on the date that you seize it, write the date and book it into evidence?

SKULTETY: It should be done. And, actually, it depends on the item.

GERAGOS: Okay.

SKULTETY: And the reason that you're seizing it.

GERAGOS: If I told you that that was seized two days before that, that gun, do you see any entry there for the 24th?

SKULTETY: No, I do not.

GERAGOS: What's the first date that you see the initials A B on that?

SKULTETY: A B?

GERAGOS: Do you know who A B is? Al Brocchini?

SKULTETY: I don't -- I don't see a A B -- I don't see an A B.

GERAGOS: All right. Mr. Distaso asked you about the -- the boat and the collection of those items. Just so I have it correct, the collection of the items that were in the boat and the vacuuming of the boat took place on February 14th, correct?

SKULTETY: The items we listed off were on the 14th, including the vacuum, yes.

GERAGOS: Okay. And to the best of your knowledge was that boat seized by the Modesto Police Department in conjunction with the search warrant that was executed at the house on the 26th and the 27th?

SKULTETY: The boat was seized at the warehouse, not the house. On the 27th.

GERAGOS: Right. That's what I'm asking. Were there -- due to manpower, or whatever the issue was, was there not a search warrant executed at the house and then the warehouse secured at the same time?

SKULTETY: That's correct.

GERAGOS: Okay. And the idea was to -- you wanted to, search or freeze, as you determine -- as you call it, both locations?

SKULTETY: Both locations were frozen prior. I think earlier on the 26th, yes.

GERAGOS: Okay. Is it a fair statement that the boat, as far as you know, was in police hands in either the property room or the one-story location from the 26th forward?

SKULTETY: I can't really speak to the 26th. I believe it was seized on the 27th. I have not been to the shop, so I can't speak to that with authority.

GERAGOS: What I'm saying is, if you froze the location, nobody was going inside and monkeying around with the boat and then coming back out after the police arrived, correct?

SKULTETY: That's correct, but what I'm saying is I haven't been to the shop, I haven't dealt with the shop. I'm not exactly sure when they froze it.

GERAGOS: Okay. Maybe I can make it simple. The search warrants were executed on the 26th and the 27th, correct?

SKULTETY: At the residence, yes.

GERAGOS: Do you know how long they were at the warehouse? The police --

SKULTETY: They were on the 27th. That's all I know.

GERAGOS: Okay. Is it a fair statement that, by the 28th, everything that had been seized was in the Modesto Police Department custody or control?

SKULTETY: Yes.

GERAGOS: Thank you. I have no further questions.

DISTASO: I don't have any further questions.

JUDGE: Okay. Thank you. You are excused.

SKULTETY: Thank you.

 

July 13, 2004

Direct Examination by Rick Distaso

DISTASO: Detective Skultety, you testified earlier on a different issue in this case, correct?

SKULTETY: Yes, I did.

DISTASO: As part of your duties as a detective for the Modesto Police Department, were you kind of responsible for the GPS tracking of the defendant's various automobiles?

SKULTETY: Yes.

DISTASO: And did you collect the tracking data from a GPS unit that was installed in the Chevy S-10 Sonoma pickup, license number 6U76078 rented from Enterprise Rent a Car from January 8, 2003?

SKULTETY: Yes, I did.

DISTASO: And regarding the particular track to the Berkeley Marina, is that represented by People's 235A?

SKULTETY: Yes.

DISTASO: All right. And flip it around now. Hold on to that for me if you don't mind.

JUDGE: What's the date of that track now?

DISTASO: That was January 9th, detective, 2003?

SKULTETY: Yes.

DISTASO: Okay. And did you also collect the tracking data from the defendant's Land Rover automobile on January 26th, 2003, regarding another trip to the Berkeley Marina?

SKULTETY: Yes, I did.

DISTASO: And is that data reflected on People's 235B, the photograph?

SKULTETY: Yes.

DISTASO: And, finally -- you can put the final board back up.

Did you collect the tracking data from a Dodge Dakota automobile -- pickup truck that had been rented by from Enterprise Rent a Car, license number 6U03269 on January 27th of 2003?

SKULTETY: Yes, I did.

DISTASO: And is that data reflected on People's 236?

SKULTETY: Yes.

DISTASO: When you testified previously, I had forgotten to ask you about one cement sample that you collected. Let me have this marked.

JUDGE: This is a new exhibit?

DISTASO: It will be a brand new number, judge.

JUDGE: 238.

GERAGOS: What's the item number?

DISTASO: I'll let you look at it. And this particular item, People's 238, what is contained in there?

SKULTETY: It's debris that was vacuumed from the boat.

DISTASO: And who vacuumed that up?

SKULTETY: ID Tech Doug Lovell.

DISTASO: Do you remember what date that was?

SKULTETY: On February 14th.

DISTASO: 2003?

SKULTETY: I believe so, yes.

DISTASO: If you need to check your report, go ahead.

SKULTETY: Yes.

DISTASO: All right. And did you collect that item and then book it into evidence?

SKULTETY: Yes. Once he vacuumed it, he placed the debris into the envelope, and I took custody of the envelope, sealed it, and booked it.

DISTASO: Nothing further, your Honor.

 

Cross Examination by Mark Geragos

GERAGOS: Good morning.

SKULTETY: Good morning.

GERAGOS: You also collected the tracking data for January the -- the entire day of January the 9th, correct?

SKULTETY: Yes, that is correct.

GERAGOS: And that's what's previously been marked as C; is that right?

Not that it's marked as C, but that appears to be the tracking data that was collected?

JUDGE: 234C. Do you understand?

SKULTETY: Yes. Yes, that appears to be it.

GERAGOS: And you also collected, on January 9th, and you specifically -- looks like -- show you D5Z. Is that something you produced?

SKULTETY: Yes.

GERAGOS: Okay. And can you tell the jury what this is?

SKULTETY: It's an -- it's a magnified area of a track in the area of what we call Forebay. So over by Highway 152.

GERAGOS: Okay. Forebay, is that a reservoir area?

SKULTETY: Yes. It's next to -- I believe that's San Luis Reservoir.

GERAGOS: One of the areas that Modesto PD searched in connection with this case?

SKULTETY: I believe it was, but I can't say for certain.

GERAGOS: Now, you also collected, I believe, tracking data for the 20th? Although it looks like -- show it to the jury a second. Says 21st on there. Is there a reason for that?

SKULTETY: Yes. This is -- this was the day I downloaded it.

GERAGOS: And when you say the day you downloaded, does that mean that the data itself was for the 20th?

SKULTETY: That's correct. They collected a day of data in the following day. I would have downloaded it in that particular case.

GERAGOS: Right there where it says January 21st, 03, that's -- and Skultety, your name, that's just the day that you downloaded this, right?

SKULTETY: That's correct.

GERAGOS: But on January 20th, this map is a representation of specifically where the tracking device indicated the GPS coordinates of the vehicle?

SKULTETY: Yes.

GERAGOS: Okay. And this area down here, is that also that same reservoir area?

SKULTETY: Yes.

GERAGOS: Then I had asked you, I guess, to zoom in on that, correct?

SKULTETY: Yes.

GERAGOS: Okay. And that's D6G. You also did that?

SKULTETY: Yes.

GERAGOS: Actually you didn't do it on the 21st. But it still imprints with the 21st, because that's the day that the information was downloaded, correct?

SKULTETY: That's correct. Pretty sure this is the January 20th track.

GERAGOS: This is a closeup of the 20th track showing that somebody -- whoever was driving that car went into this area here by the Forebay, and then around?

SKULTETY: Yes.

GERAGOS: A reservoir as well?

SKULTETY: Yes.

GERAGOS: Now, were there are other tracking devices that were used; is that correct?

SKULTETY: Yes.

GERAGOS: The other tracking devices that were used were -- I guess went by either Star Trek, or Safety Trek?

SKULTETY: Safety Track.

GERAGOS: Safety Track. Now, you collected -- there was -- on February 9th of 2003, I have got it as Bates number stamp 16852, the one I showed you this morning?

SKULTETY: February 9th.

GERAGOS: February 9th.

SKULTETY: Yes.

GERAGOS: Okay. And you have that as -- the address of the GPS data sheet has 470 meters northeast of Tracy Boulevard and California 4?

SKULTETY: What's the data number.

GERAGOS: See if I can show it to you.

SKULTETY: Yes, that's correct.

GERAGOS: Do you know where that is?

SKULTETY: No, I do not.

GERAGOS: Show you a Yahoo map that we called up, or two Yahoo maps. Does that look to be roughly the same area that was described by the GPS data?

SKULTETY: What I would have to do, since I'm not familiar with this area, is compare the longitude and latitude that was probably entered. If the longitude and latitude markings were entered and that's what was produced, then it should be consistent.

GERAGOS: Okay. I'm going to mark these, if I could, judge, as next in order.

JUDGE: Defendant's next in order. Do you want to mark them DG -- DG

Clerk: 6 -- D6.

JUDGE: I beg your pardon. Defendant's D6I, and mark that 1 and 2.

GERAGOS: Now, specifically so that the jury understands, the Orion system that you were using, you were able to use that software to create these maps; is that correct?

SKULTETY: That's correct.

GERAGOS: And that would be the -- what I would refer to, I suppose, as better quality maps than the one we were just looking at here, right?

SKULTETY: Yes.

GERAGOS: When I asked you to take at a look at this, it's their Sky Track or Safety Track. You don't have that capability on the other trackers; is that right?

SKULTETY: No. It doesn't collect data the way this unit did either.

GERAGOS: So the Orion unit, if I understand everything that's been told to both you and to me, the Orion units collect data with a little bit more precision in terms of the exact location; is that correct?

SKULTETY: That, and more frequent locating also.

GERAGOS: So one of the witnesses just testified that you could set it for every ten seconds, whatever, five seconds, whatever. The other trackers were not ones that were that -- were set in that fashion, correct?

SKULTETY: No, not at all, no.

GERAGOS: The other trackers apparently -- I guess you have got an example of how it comes up when you call it up; is that correct?

SKULTETY: Yes.

GERAGOS: Could you take a look at that forone second and show that? Mark this next in order.

JUDGE: Mark as D6I-3.

DISTASO: We agree, again, to substitute a copy.

JUDGE: Stipulate it can be copied and the original returned to the witness?

GERAGOS: Yes.

GERAGOS: Now, I'll show in a second what it looks like.

The precision of where the specific area is nowhere near the same as you could do with the Orion; is that correct?

SKULTETY: Can I explain?

GERAGOS: Sure.

SKULTETY: I think it would be easier. The Orion tracker we would set to take a reading anywhere from five to thirty seconds. And so it was constantly -- at least would be communicating with the unit and give us a reading every five to thirty seconds. The Safety Track system I had little involvement with. But the way it was set -- and it's a through a website -- would take a reading every hour. So we couldn't plot a course, let's say, the same way you could with the Orion. And that was some -- that's some of the data that

GERAGOS: Is it a fair statement that what I'm putting up here which is marked D6I3, that's what that particular tracker would produce?

SKULTETY: That's correct. It's the triangles or the datasets.

GERAGOS: Are the datasets. Where you see the triangles, right there?

SKULTETY: Yes.

GERAGOS: And that's about as much precision as you could get on these trackers?

SKULTETY: You could go into -- like I said, it does produce the longitude and latitude of the location that you can track back -- I think was what the map you showed me. But it was just so inconsistent that we didn't use it.

GERAGOS: The specific areas, for instance, you had I believe -- I'd ask you to take a look at got the 20th. Already marked. You have already seen the 20th. The tracker -- when was the tracker installed on the car -- the second pickup truck?

SKULTETY: Are you talking about the Dodge Dakota?

GERAGOS: Yeah. Let's -- just for a second when you executed the search warrant on December 26th, you take both the pickup truck -- Mr. Peterson's pickup truck and the Land Rover are seized, correct?

SKULTETY: That's correct.

GERAGOS: Okay. And you keep his pickup truck. It's not returned for roughly about a year, correct?

SKULTETY: That's correct.

GERAGOS: Okay. So the Land Rover is returned January 3rd.

SKULTETY: Correct.

GERAGOS: It's returned with a tracking device?

SKULTETY: Yes.

GERAGOS: Okay. And then you put a series of tracking devices on the rental cars that he gets from Enterprise, correct?

SKULTETY: Yes.

GERAGOS: And then at some point you put an -- or he buys another pickup truck; is that correct?

SKULTETY: That's correct.

GERAGOS: Okay. And that's the end of January?

SKULTETY: Somewhere in the beginning of February, end of January, somewhere in there.

GERAGOS: Okay. And when he buys the new pickup truck, you get a tracker on there, as well?

SKULTETY: At some point one was installed, yes.

GERAGOS: That was -- if I'm not mistaken, the second search warrant is executed on February 18. You were there, correct?

SKULTETY: Right.

GERAGOS: On February 18th his truck -- his second truck is seized, correct?

SKULTETY: Yes.

GERAGOS: So you have got -- at that point, the Modesto PD has the original truck that was seized on the 26th of December, right?

SKULTETY: Yes.

GERAGOS: Okay. And he then goes and buys -- trades in the Land Rover, buys a second pickup truck, and you have nowseized that one, correct? For that -- at least a two-day period of time, both of his trucks are in the custody of the Modesto PD?

SKULTETY: I believe it was only for a day, or couple of hours.

GERAGOS: In order to put a tracking device on; is that correct?

SKULTETY: That's right.

GERAGOS: You have got the one truck, he sells the Land Rover, gets a second truck. The second truck is then seized. A tracking device is put on the second truck and it's released back to him, correct?

SKULTETY: Correct.

GERAGOS: Now, you have -- on 16854 Bates number stamp, February 8th, I'm going to point you to entry 76, 77, 78 and 79, and 80.

SKULTETY: What was the first number, please?

GERAGOS: 76.

SKULTETY: Okay.

GERAGOS: Now, do you know where that location is?

SKULTETY: That's in Concord. I don't know the area

GERAGOS: And specifically gives a location of -- is thatHighway 4, 164 meters north of Montreal Circle and Calvary Lane?

SKULTETY: Yes.

GERAGOS: Do you know where that -- do you know where that location is located?

SKULTETY: I'm guessing Concord. I'm not familiar with Concord.

GERAGOS: Do you know if that's one of the areas that was being searched for Laci Peterson?

SKULTETY: No, I do not.

GERAGOS: Do you know where the Pittsburg Marina is?

SKULTETY: Pittsburg Marina? No, I do not.

GERAGOS: Do you know if the Pittsburg Marina was also an area that was searched by Modesto PD and others for Laci Peterson?

SKULTETY: I don't know. I wasn't involved in that aspect of it.

GERAGOS: Okay. Specifically Mr. Distaso asked but a cement sample that was vacuumed up. Do you remember that?

SKULTETY: Yes.

GERAGOS: Now, in addition there was a cement sample that was taken from the driveway of the house at 523 Covena at some point when the search warrant was being executed on February -- on December 26th and 27th, correct?

SKULTETY: Yes.

GERAGOS: And that was taken -- that sample -- was there an area where there was kind of a thin veneer of cement next to the driveway?

SKULTETY: Yes.

GERAGOS: Okay. Specifically do you remember where that location was?

Did you take pictures of it?

SKULTETY: I did not. I believe it was the area -- I don't have the sketch. It was the area just the floor of the driveway. I don't think I have got the larger file out here.

GERAGOS: Tell me if any of these pictures show the location where that was.

SKULTETY: None of them show the exact area. But the general area in that picture, which is Exhibit Number J, it would be near the -- Exhibit Number J, it's towards the right front of the silver pickup that you can see in the photo.

GERAGOS: I'm going.

JUDGE: What's the rest of the exhibit number?

GERAGOS: It's J.

JUDGE: Just plain J.

GERAGOS: Just plain J.

JUDGE: All right. Got too many exhibits. It's hard to tell.

GERAGOS: The specific area that you are talking about is, you can't see from here because the truck blocks it off, but there appeared there was some bricks that were right over here; was that correct?

SKULTETY: Yes.

GERAGOS: Okay. This picture doesn't really show much of it. Just right in this area. And then the bricks came over towards where the front of the truck was?

SKULTETY: There was a pile of bricks. I don't remember exact size.

GERAGOS: If the truck was not here and you had that pile of bricks, went directly in the direction, where I'm pointing on the ground is where the cement was?

SKULTETY: Yes.

GERAGOS: Okay. Judge, I'd ask -- I know this find of -- I have a picture. The only way that I think that I can show him, and ask a couple of questions with him.

JUDGE: You want to him the diagram then?

GERAGOS: I do. The diagram is -- Marylin has got locked up.

JUDGE: All right. We'll take the noon recess to find the diagram. Remember the admonition. You are not to discuss this case among yourselves or with any other person, or form or express any opinion about this case. We'll reconvene at 1:30.

JUDGE: All right. This is the case of People vs. Scott Peterson. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. And, Mr. Geragos, proceed.

GERAGOS: Thanks, Judge. I've got four pictures.

JUDGE: New ones?

GERAGOS: New ones that I'm going to mark.

JUDGE: Okay. That would be D 6 J.

Clerk: There's six photos -- wait, four photos.

JUDGE: Pardon me?

Clerk: Four photos.

JUDGE: 1 to 4.

GERAGOS: When we left, I had asked you about the location of this cement by the driveway; do you remember that?

SKULTETY: Yes.

GERAGOS: Okay. I've got up here People's 12. Will you take a red pen and show me -- and show the jury that area, where that was that was taken from.

I think there's one, maybe, behind it.

SKULTETY: Okay.

JUDGE: Detective Skultety, just mark an X and draw a line out to the margin and put "concrete" on the end.

GERAGOS: Concrete.

SKULTETY: It was in this area. You want here "cement"?

GERAGOS: Yeah. Just put "cement" up there.

SKULTETY: (Witness complies)

GERAGOS: Judge, I've got the four pictures which I mentioned before which are now marked.

JUDGE: Okay.

GERAGOS: Okay. This is the front of the house, and the location where the cement -- where you just -- right over here by this trash can; is that right? D 6 J 4? You've got D 6 J 3. That's a slightly closer view, and that's in the driveway area; is that right?

SKULTETY: Yes.

GERAGOS: Okay. Even D 6 J 2, which is slightly closer in that area.

What we're seeing is a picture that's looking right directly towards the X; is that right?

SKULTETY: Correct.

GERAGOS: Okay. And then D 6 J 1, if I -- looks like this is the edge of the driveway here, and then this area here represents the cement that was next to the driveway; is that correct?

SKULTETY: It --

GERAGOS: You want to take -- I'll pull that one and let you take a look at it, because you lose some of the clarity when you amplify (handing exhibit to the witness).

SKULTETY: Yes.

GERAGOS: Okay. And that's the area from which you took one of the samples, or a sample was taken

SKULTETY: Right.

GERAGOS: on the day of the search warrant; is that correct?

SKULTETY: Right. And you've got it this way. That would be the driveway.

GERAGOS: Okay. Let me just...as you're standing over, it's something like this?

SKULTETY: Yeah. The driveway -- there you go, yeah. The driveway would be to your left.

GERAGOS: Okay. And this area in here would be the hardened concrete, and this area would be the rock and the less hardened, I guess, concrete? Or the looser concrete?

SKULTETY: That's the general area that the sample was taken, that's correct.

GERAGOS: Okay. And, once again, that was taken from this area right here, right in there?

SKULTETY: Roughly in that area, yes.

GERAGOS: Okay. Look like the cement had been placed right where that garbage can was? Or right -- like a stepping stone over to where the garbage can was?

SKULTETY: My recollection the area would be closer to where that yellow bag is, or whatever that is, on the ground.

GERAGOS: Okay. Closer right around -- if this car wasn't here, right in that area?

SKULTETY: I -- I remembered it being closer to the fence, correct.

GERAGOS: Okay. Over on -- the fence being right here; is that correct?

SKULTETY: Then in the general area of that yellow bag is the -- about where the end of the driveway is.

GERAGOS: Okay. And the -- who collected the cement that day on the day of the search warrant?

SKULTETY: Detective Brocchini.

GERAGOS: How did he collect it? With his hand?

SKULTETY: I didn't actually -- I gave him an envelope. I believe he might have scooped it with the envelope and then handed me the envelope.

GERAGOS: Okay. When you say "scooped it," did -- you didn't see him use a glove or anything like that, you -- just scoop with his hand into an envelope?

SKULTETY: I can't say whether he was wearing gloves or not.

GERAGOS: Okay. Now I showed you

JUDGE: See if you can lay a foundation for those photographs.

GERAGOS: Huh?

JUDGE: Do they accurately depict the scene as it appeared to you on the day in question?

SKULTETY: The vehicle is different. I don't recognize the vehicle.

JUDGE: With the exception of the vehicle, is it in the same place in the driveway?

SKULTETY: It appears to be, yes. It's a little bit more grown.

GERAGOS: Now, I showed you, I think I handed them to you, another map; is that correct?

SKULTETY: Yes.

GERAGOS: Okay. And I had asked you before if specifically Railroad Avenue and Frontage Road, was that near the Pittsburg Marina; do you remember that question?

SKULTETY: Yes. Do you remember the page, Bate number -- GERAGOS: I think it was 60852. Mark these two as next in order.

JUDGE: Okay. D 6 K 1 and 2.

GERAGOS: Might as well make it 1, 2, and 3.

JUDGE: Okay. D 6 K 1, 2, and 3.

GERAGOS: Were you able to find that location? I've got it as looks like number 46, on February 9th. And I do show -- I show it looks to me like 16852 is the Bates stamp.

SKULTETY: Yes, I have.

GERAGOS: Okay. 46 entry there, Frontage Road, Railroad, and then shows Pittsburg?

SKULTETY: Yes. Yes.

GERAGOS: The -- specifically I showed you -- over the break I showed you a couple of Yahoomaps that appear to be the areas that we're talking about, with the yellow highlights for where the tracker shows him?

SKULTETY: Yes.

GERAGOS: Okay. The -- specifically

JUDGE: Mr. Geragos, what's the date of this track?

GERAGOS: Excuse me?

JUDGE: The date.

GERAGOS: February -- It's February 9th at approximately what hour, Detective?

SKULTETY: Number 46 is 2:20 p.m. and 35 seconds.

JUDGE: 2:20?

SKULTETY: And 35 seconds p.m.

GERAGOS: Now, this is the tracker that, as we discussed before lunch, was the one that does not take the snapshot, so to speak, as frequently as the Orion tracker, correct?

SKULTETY: That's correct.

GERAGOS: Okay. So you would get -- for instance, the track right before this was what time? 45.

SKULTETY: Actually it's backwards on the way it's numbered. So it would be number 47 is 120 and 35 seconds p.m.

GERAGOS: So about an hour before this one?

SKULTETY: Yes. These things -- I believe this unit took a reading approximately every one hour.

GERAGOS: Okay. So at approximately sometime after 1:20 until the time of 3:00 the tracker is in the vicinity here of this Pittsburg Marina and Railroad Avenue at Frontage Road in Pittsburg on this Yahoo map. The Railroad Avenue and Frontage Road puts him right there and puts the marina right over there; is that correct? And I also did one other thing. I put a Map Quest, and I put in the latitude and the longitude. Does that appear to match specifically the latitude and the longitude of the tracker?

SKULTETY: Yes.

GERAGOS: And the location where the star is on the latitude and the longitude, is latitude 38.0157 and longitude -121.8913 would have him right there, and then right over here would be this area on -- that we discussed before; is that correct? The marina?

SKULTETY: Yes.

GERAGOS: Okay. Now, the -- specifically you can check the tracker for specific locations. And I'm going to ask -- do you have a hold of the Bates numbered stamps there?

SKULTETY: On which tracker?

GERAGOS: The one that we're on right now. Do you know what that is, of the Sky Tracker?

SKULTETY: The Safety Track?

GERAGOS: The Safety Track.

SKULTETY: Yes, I believe I have them all.

GERAGOS: Now, on the Safety Track, there are a number of trips that this tracker takes on this vehicle to San Diego; isn't that correct?

SKULTETY: I have not reviewed the data on this tracker.

GERAGOS: Okay. If I tell you February -- it looks to be February 23rd; do you have that? I've got it Bates numbered stamped 168 -- looks like 79.

SKULTETY: Yes.

GERAGOS: It looks like virtually all of the tracks on February 22nd and 23rd on that page, which covers the 22nd from 5:00 p.m. to the 23rd at 5:00 a.m.

shows the tracker to be in San Diego and then moving to Solano Beach. And that's also in the San Diego County area, correct?

SKULTETY: Yes.

GERAGOS: Okay. And do you show also that -- on February the 24th, you show the tracker also located in Solano Beach?

SKULTETY: Are you on 16876?

GERAGOS: Exactly.

SKULTETY: I show -- I show -- on the 24th I show one, two, three, four -- four or five data sets for the 24th in Solano Beach.

GERAGOS: Also in San Diego County, correct?

SKULTETY: I've never been there.

GERAGOS: You knew in connection with this investigation that both his parents and his sister lived in Solano Beach City and County? Or not?

SKULTETY: I just know they lived down in the San Diego area

GERAGOS: Okay. Specifically on the -- so we've covered the 22nd, 23rd, 24th. Going into March, on March 1st, do you have the data for March 1st?

SKULTETY: On 16896?

GERAGOS: Yes.

SKULTETY: Yes.

GERAGOS: Okay. On March 1st, do you show two data sets in San Diego, two in Solano Beach?

SKULTETY: On my page I show

GERAGOS: Two -- I'm looking at data set number 100.

SKULTETY: Yes. I show two in San Diego on the 1st, and then it looks like the next one's the 3rd.

GERAGOS: That's what I've got as well. So you show him in San Diego both March 1st and March 3rd, correct?

SKULTETY: Yes.

GERAGOS: Okay. And then do you show another data set for March the 8th?

I show that on -- specifically 16893.

SKULTETY: Yes.

GERAGOS: Okay. Do you show him once again -- I show four data sets for Solano Beach.

SKULTETY: Yes.

GERAGOS: Okay. And next for March 14th? I show on March 14th

SKULTETY: 16891.

GERAGOS: 91, correct. I show the third and fourth data sets for Solano Beach. On the 14th I show him on the 17th in San Diego; is that what you have?

SKULTETY: Yes.

GERAGOS: Okay. And then on March 25th, 16900?

SKULTETY: 16900?

GERAGOS: Yes.

SKULTETY: Yes.

GERAGOS: Okay. Starting on March 25th, do you show him -- all of these data sets for March 25th and March 26th as being in Solano Beach?

SKULTETY: All my data sets for the 25th are in Solano Beach, and then there's a couple of data sets for Solano Beach and somewhere else.

GERAGOS: On the 26th as well?

SKULTETY: Yes.

GERAGOS: Okay. And then the 27th?

SKULTETY: Are you on 16899?

GERAGOS: Yes. I show four data sets for Solano Beach on the 27th, and then a fifth one and a. -- looks like San Diego and Solano Beach that carries through March 28th all the way through April 2nd; is that correct?

SKULTETY: I have two locations on the 27th; but, yes, on the 28th, the 1st

GERAGOS: April 1st?

SKULTETY: and the 2nd.

GERAGOS: Right. April 1st and April 2nd all show San Diego and Solano Beach, correct?

SKULTETY: Yes.

GERAGOS: Okay. And specifically on 16896 you show April 14th in San Diego; is that correct? Four data sets?

SKULTETY: Yes.

GERAGOS: All right. April 15th, five data sets, San Diego?

SKULTETY: I must apologize, I don't know what that other location is, so I don't know if that's San Diego or not.

GERAGOS: Okay. Who was monitoring this tracker during the months of March and April?

SKULTETY: It wasn't monitored very often. I think when it was monitored, I know Detective Grogan looked at it.

GERAGOS: Okay. And specifically do you have the data -- the data set for January 19th?

SKULTETY: We're going back to the Orion?

GERAGOS: Yes.

SKULTETY: You said the 19th?

GERAGOS: The 19th of January.

SKULTETY: Are you going into the Lincoln?

GERAGOS: Yes. Do you show where -- where the Lincoln went on January the 19th?

SKULTETY: I'm sorry, I couldn't hear you.

GERAGOS: Do you show what areas the Lincoln went on January the 19th?

SKULTETY: My report indicates it went to Solano Beach and Santa Monica, and then returned to Modesto.

GERAGOS: Okay. Los Angeles -- Los Angeles County?

SKULTETY: Solano Beach I thought was in San Diego.

GERAGOS: Okay. And specifically, the last thing I was going to ask you about, I don't know if Marylin found it yet.

Clerk: I did.

GERAGOS: You did?

JUDGE: Mr. Geragos, you said a Lincoln. Whose car was that?

GERAGOS: The Lincoln was the car that was rented. Was that your understanding? Or was the Lincoln

JUDGE: Because I have him putting it in a Land Rover, Dodge Dakota and Sonoma 510 pickup. I didn't know anything about a Lincoln.

GERAGOS: Did you misspeak when you said Lincoln?

SKULTETY: No, I did not.

GERAGOS: Okay. That was on a Lincoln?

SKULTETY: Yes.

JUDGE: When was it placed, do you know?

SKULTETY: Yes, it was installed on January 16th.

JUDGE: Where?

SKULTETY: 1993.

JUDGE: Where?

SKULTETY: Down in Modesto, as a rental vehicle.

JUDGE: At the rental.

DISTASO: Just for the record, the detective I think for the record said 1993.

GERAGOS: Right. It's 2000 and 3.

DISTASO: He meant 2000 and 3. I'll stipulate that's what it is.

GERAGOS: I'm going to show you two items. One is a Sears receipt, the other is a Kmart receipt. Can you take a look, or do you recognize those as having been found on February 18th during the search of my client's...

SKULTETY: Search where?

GERAGOS: Search of the car and the house? Do you have your itemized list as to whether those were the two items you recovered from his car?

SKULTETY: I didn't search the vehicle, and I didn't bring my

GERAGOS: You didn't bring your itemized list?

SKULTETY: No, I was told I was doing GPS.

GERAGOS: Okay. The -- did you, in fact, supervise a search that took place -- did you supervise a search at the house and of the cars on February 18th?

SKULTETY: Yes.

GERAGOS: And did you prepare a document, some kind of an item number of all of the items that were recovered during that search?

SKULTETY: From the vehicles. Or, excuse me, I'm sorry. From the house, not necessarily all the vehicle items.

GERAGOS: And who prepared the -- who was in charge of the search of the vehicles?

SKULTETY: On the 18th?

GERAGOS: Yes.

SKULTETY: Brocchini I think was one that took the vehicle. Brocchini or Buehler, I can't remember which, now.

GERAGOS: Okay. Who was -- you have some term in Modesto for the person who is in charge of the search team.

SKULTETY: The crime scene manager.

GERAGOS: Crime scene manager. Who was

SKULTETY: I was the crime scene manager on the 18th, and I would have assigned somebody to deal with the vehicle, and I don't recall who that was.

GERAGOS: Okay. As the crime scene manager, is your expectation and your demand that all items that are recovered are taken into police custody, that an itemized list is prepared?

SKULTETY: That's kind of a general statement. That's hard to answer with a yes or a no.

GERAGOS: All right. Is it a fair statement that you did prepare -- or that items were seized on the 18th?

SKULTETY: Yes.

GERAGOS: And when the items were seized, do you then write down exactly what it is that was seized?

SKULTETY: Again, if -- it's hard to say that because we may collect some items and refer to them -- say you're seizing a lot of papers, you might refer to them as miscellaneous papers or miscellaneous business documents, instead of -- and not maybe specifically mentioning each document.

JUDGE: Mr. Geragos, will you identify by number when you show them to him.

GERAGOS: Yeah, I will. I think if I just pull out the binder. Specifically D 6 A, Judge, and D 6 B.

JUDGE: D 6 A and D 6 B?

GERAGOS: Right.

JUDGE: All right. Are you trying to determine where those items were found?

GERAGOS: I know where they were found. I'm going to see if I can hand him something right now to refresh his recollection.

JUDGE: Well, maybe the -- maybe the district attorney will stipulate to where they were found.

DISTASO: Well, I need to see the property sheet. I don't know where they were found.

JUDGE: Okay. All right.

DISTASO: I need to look at the property sheet.

JUDGE: All right.

GERAGOS: So rather than waste the time now, I'll do it at the break and I'll see if I can just get them to stipulate there were two items found on the February search. Because they're here in the discovery, but I don't have the itemized list.

DISTASO: We'll just look at the property sheet.

JUDGE: Yeah. Rather than spending time, if you know where they were recovered, you can stipulate as to where they were recovered.

GERAGOS: Thank you. I have no further questions.

 

Redirect Examination by Rick Distaso

DISTASO: Just so we're clear, Detective, the -- can you give the jury, just slowly give them a list so we know each car that had a tracker, because, you know, we talked about a Lincoln and we hadn't really brought that up yet. So the Land Rover had a tracker, correct?

SKULTETY: Yes.

DISTASO: Okay. Then the Dodge Dakota that was rented, right?

SKULTETY: Yes.

DISTASO: And the Chevy S-10 that was rented?

SKULTETY: Yes.

DISTASO: The Lincoln that was rented?

SKULTETY: Yes.

DISTASO: As well as the Dodge Dakota that Mr. Peterson bought, that had this separate, different kind of tracker that Mr. Geragos was talking about?

SKULTETY: The Safety Track, yes.

DISTASO: And the other vehicles had the Orion tracker?

SKULTETY: The other ones you mentioned, yes.

DISTASO: Okay. Nothing further, Judge.