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Cindee Valentin
Pre-Trial Evidentiary Hearings February 24, 2004
Direct Examination by David Harris D. HARRIS: Ms. Valentin, I want to direct your attention and talk to you about your experience working with dogs and ask if you can tell the court briefly about your background and experience working with dogs. VALENTIN: I've been a trainer for Applegate School for Dogs incorporated since 1993. I work with dogs in obedience, direction control, agility. I work with dogs that have behavioral problems, such as aggression, and I also work with volunteer handlers who are training their dogs for detection work. D. HARRIS: Besides Applegate School for Dogs, have you also done any other type of training or work in the area of dogs? VALENTIN: I'm a reserve lieutenant for the Contra Costa County Sheriff's Department, and I'm a training dog handler for them, as well as a wilderness dog and a cadaver dog. D. HARRIS: Wilderness dog and cadaver dog, what does that mean? VALENTIN: Wilderness dog is a dog that's trained to go out and find any person within a given area. A cadaver dog is a dog that's trained to go out and find the remains of a person, either buried or on the surface or disarticulated. That is, scattered. Scattered around. D. HARRIS: The, besides the employment, do you have, just do something to speed it up. I'd like to have marked as People's next in order a copy of your resume'. D. HARRIS: All right. Let me, Clerk: Marked as People's 8 for identification. JUDGE: People's 8. That's the resumé of the witness. D. HARRIS: It's been shown to counsel. JUDGE: Okay. D. HARRIS: Ms. Valentin, I'm going to show you what's just been marked as People's number 8. Does this look like a copy of your resume'? VALENTIN: Yes. D. HARRIS: And there's about three pages there? VALENTIN: Yes. D. HARRIS: Okay. Also that water right there is for you, if you need it. VALENTIN: Thank you. D. HARRIS: Briefly going through that, there's listed under "Experience" something called American Detector Dogs. Can you explain to the court what that is? VALENTIN: American Detector Dogs is a part of Applegate School for Dogs. It's a company that is upstart in obtaining and training dogs and work, training them for disaster, different types of detection. D. HARRIS: And what do you actually do in that area? VALENTIN: I train the dogs. D. HARRIS: Can you explain to the court how you go about training a dog for the area of tracking or trailing? VALENTIN: For tracking and trailing dogs, tracking is teaching the dog the, to work footprint to footprint, where contact scent has hit the, hit the ground from the Person who's laying the track. We train then to be scent specific on their tracks. That is, from day one we teach them that from the scent that we give them from the person, an article of clothing or something belonging to the person that laid the track, they're to follow that person's ground scent track to the, until they find the, the person. And there's a lot of components in the training. We, we teach very small steps to them. We teach them how to do corners. We teach them how to make adjustments for wind. We teach them how to identify the person at the end that they're following. Or that they're trying to find. And we teach them in a very positively motivated way. And then when they understand their job and they're motivated to do it, we add correction so that they develop a good work ethic in, in doing their job. And they have the tendency to not want to stray from the track because they're corrected in training for doing so. We also, with our trailing dogs, we teach them a tracking foundation to start with. So they learn footstep to footstep contact scent. When they start working with trailing, they are, well, let's go back to what a trail is. A trail is a track that someone left by foot with contact scent, or a trail that's been left by a bicycle or a person in a vehicle, some mode of transportation that, where their feet didn't actually hit the ground. It's what scent is left behind from the track, the, the trail that that person laid. There also can be environmental effects on tracks that have been laid by the person that will destroy certain parts of it. The trailing dog is able to connect those parts together and, and keep moving down the track. So their foundation is in tracking. And then from there we give them older trails and trails that are set by bicycles, vehicles, things like that, for them to follow trailing. JUDGE: Can I ask a question. You said you positively motivate the dog. Is that the word you used? VALENTIN: Yes. JUDGE: What does that mean? VALENTIN: It's like a paycheck. JUDGE: Talk in the microphone so we can hear you. VALENTIN: It's like a paycheck. They work, they, they have to have something that they're working for, and it has to be something that's motivated, motivating for them. So we use things such as food and toys. So if they have a favorite toy, we'll leave the toy on the track at some point so that, that they're driving down that track, because they know that when they get to a certain point they're going to find that toy. JUDGE: All right. VALENTIN: We also work with them with food to develop work ethic in that they have to, in order to earn their meal, they have to track that person and identify them in order to eat. JUDGE: Okay. Go ahead, Mr. Harris. D. HARRIS: Moving on to, also in your resumé up there, there's something that's S-A-R Dog Foundry. What is that? VALENTIN: SAR doesn't, the SAR Dog Foundry is a company that was being put together to, to give low cost education to volunteer dog handlers. And for the SAR Dog Foundry, I have put together a class in cadaver detection and taught that class nationwide. D. HARRIS: And so basically you go around the country and teach other dog handlers on the use of these detection dogs? VALENTIN: That's correct. D. HARRIS: With the, going down to Applegate School for Dogs, approximately how many dogs in your career would you say that you have trained or dealt with? VALENTIN: Probably 400 dogs a year from 1994 on. D. HARRIS: So 400 dogs a year since 94? VALENTIN: Yeah. D. HARRIS: Okay. I won't try to do the math. I usually do it badly. You mentioned that you were with the Contra Costa Sheriff's Department and you were a reserve. In what capacity do you work with the Contra Costa Sheriff's Department? VALENTIN: For the Contra Costa County Sheriff's Department, I work as a trailing dog handler in missing persons searches. And we go out to, to look for lost and missing people. And we're volunteers. D. HARRIS: As part of being, excuse me, as being part of a volunteer for the Contra Costa Sheriff's Department, do you have to maintain any certifications or training to stay working with them? VALENTIN: Yes. In order to search a trailing dog for Contra Costa County, we have to have a CARDA certification before we can put the dogs on the street. D. HARRIS: Okay. Let's going to, jump to that for a second. What is CARDA. JUDGE: I didn't hear that, Mr. Harris. D. HARRIS: What is CARDA. JUDGE: CARDA? Spell it. D. HARRIS: C-A-R-D-A. It's an acronym, I believe. VALENTIN: CARDA is CALIFORNIA Rescue Dog Association. It's an association that is under California State Office of Emergency Services. They have two or three hundred dogs in the State of California that they train. They work in training groups. They've put together certification guidelines, and they test those dogs. D. HARRIS: Okay. Let's back up and go through this, and go through this. You're saying Office of Emergency SERVICE. That's the State of California OES? VALENTIN: That's correct. D. HARRIS: And does the state OES maintain kind of a registry of mutual aid teams of these rescue dogs for either disasters or missing persons? VALENTIN: Yes, they manage the Mutual Aid System for dogs. D. HARRIS: And as part of this Mutual Aid System, if an agency needs someone to come out, you contact OES or the process and one of these teams is sent or responds? VALENTIN: Yes. D. HARRIS: To be on this OES list, this State Office of Emergency Services list, you're saying you needed a CARDA certification? P. HARRIS: Objection. Leading. JUDGE: Overruled. You can ask leading questions of an expert. Go ahead. D. HARRIS: What is it that you have to do to get this CARDA certification? VALENTIN: You have to get, are you asking about the certification itself? D. HARRIS: Well, maybe back up for a second. What is CARDA? You gave us the acronym, but what kind of agency‑‑ what is it that they do? VALENTIN: They, they're a group of people who train dogs, train volunteers and their dogs for search and rescue work or detection work. And they have a set of standards that those dogs have to go through and test to, in order to become certified teams. D. HARRIS: The certification process, these tests that they give to be a CARDA certified dog to work for OES, what type of test is it that you have to take with CARDA to get certified? VALENTIN: It starts with a sign‑off process where you're doing various different trails. As well as obedience and agility. The sign‑off process, can I refer to my notes for that? D. HARRIS: Yeah. Go ahead. Have you seen the notes, Mr, P. HARRIS: I haven't. JUDGE: Do you want to share those notes with defense counsel? And the other Mr. Harris, have you seen these notes? Harris and Harris. P. HARRIS: I believe she's looking at the material that's been provided to the defense. JUDGE: Okay. D. HARRIS: She's talking about, JUDGE: See what she's referring to. P. HARRIS: We've been provided those. JUDGE: You have those, Mr. Harris. P. HARRIS: Yes? JUDGE: Just for the record, what are you referring to? Is this your CV, or something else? VALENTIN: I'm referring to my notes. I'm sorry, my preliminary requirements checklist for trailing dog search, for a trailing search dog. JUDGE: Okay. VALENTIN: For California Rescue Dog Association. This is the, a copy of the actual sign‑offs that were done with the dog that worked in this case. JUDGE: All right. D. HARRIS: So you're starting to tell us and you needed to look at your notes, or look at that particular sheet. Is that particular document something that CARDA provides you after you go through this testing process? VALENTIN: They provide it before it's signed off by evaluators during the process. D. HARRIS: Okay. So you, you were looking at that. Did you finish your answer as to what it was that you needed to do for certification? VALENTIN: For certification, obedience, for trailing dogs on lead, and the dog is an on lead trailing dog. He has to be able to walk on a leash and do a long wait. For confidence and agility for trailing dogs on lead they have to be able to climb and balance on a rock, a wood pile and slide areas. They have to be able to crawl under obstacles on command. I have to be able to lift him over a barrier. And lift him off of embankments, and things like that. He has to be able to swim in a natural body of water for a distance of 50 feet. Transport: He has to be able to be in a vehicle with four to five dogs and handlers on a bumpy road for five minutes under supervision and not show aggression. Sociability, for trailing dogs, he's moved a distance of, he's tied up and then moved a distance of 50 feet by another evaluator. He can't show aggression or undue apprehension to that, to that evaluator. His helicopter training, he has to be able to demonstrate loading and unloading in an operating, operating helicopter. That is the rotor is moving. He has to have two sign offs in night search training. JUDGE: What does that mean? VALENTIN: Night search training? JUDGE: You said two sign offs. What does that mean? VALENTIN: Oh, I'm sorry. All of what I'm reading you is the sign‑off process that has to be completed before the dog can even take the trailing test. JUDGE: Okay. But what do you mean by sign off? These are things they have to qualify doing all these things? VALENTIN: Yes. You have to do this, do these things in front of evaluators and they have to sign that the dog is capable of doing these things. JUDGE: Signing off that they've complied with that particular portion of the test? VALENTIN: Yes. JUDGE: Okay. Very good. VALENTIN: Yes. For night search training, he has to be able to run a trail in, and do it under nighttime conditions. He has to do that twice. For his training trails, he has to be able to successfully complete a 48 hour old trail. JUDGE: What do you mean by that? VALENTIN: A trail that has been laid by a subject 48 hours earlier. And then he comes and runs, runs the trail successfully. A 72 hour trail is done the same way. A 96 hour trail as well. And then he has to be able to train on city streets. On the city streets he doesn't have to be successful, but they say that you have to do it to know the limitations. The bulk of his training is done on city streets. JUDGE: You keep saying "he." Are these all male dogs? VALENTIN: I'm talking about one dog in particular, a male. JUDGE: Okay. VALENTIN: He has to do a trailhead validation or scent guide validation. That is where he is given an article to smell and he has to decide if there is a trail there or if there isn't a trail there. And he had three separate trails to do that on. Also a cadaver scent exposure. They have to, to go up to an article of, well, a cadaver material, and we evaluate what their response is to that material. And that's it for, for the sign‑off portion of the testing. The test itself, when you take the test itself, it's a 24 hour old trail that's been laid. It has to be, I believe, a mile and a half in length. JUDGE: I didn't hear what you said. Somebody coughed. It's a 24 hour old trail and, VALENTIN: It's been laid 24 hours prior. JUDGE: And ‑‑ VALENTIN: And it has to be at least a mile and a half long. It has to have turns in it, and it also has to cross water, I believe. JUDGE: Okay. D. HARRIS: Now, the certification that you were referring to, that's the CARDA sign‑off process for certification, and you mentioned it was for one dog. The dog that we're talking about, is that Merlin? VALENTIN: That's Merlin. D. HARRIS: And is Merlin your dog? VALENTIN: He is mine. D. HARRIS: Can you tell the court what type of dog Merlin is? VALENTIN: He's a registered purebred bloodhound. And he's five years old. D. HARRIS: And the, the sign‑off process, or the CARDA certification that you are referring to, did Merlin get checked off and ultimately receive a certification from CARDA? VALENTIN: Yes, he did. D. HARRIS: And you mentioned that there was a 96 hour requirement. What is that? VALENTIN: He has to run a trail that's laid 96 hours prior, and he has to run it successfully. D. HARRIS: When you're talking about running a trail, let's go back through this for the court, some of those terms. This testing is that someone, a subject, either walks or rides, whatever it is, and lays down a trail for the dogs to follow? VALENTIN: That's correct. D. HARRIS: When you say that they run the trail and they have to be successful, that means that they have to find the trail and ultimately end up where this person ended or where that person is at? VALENTIN: That's correct. P. HARRIS: Objection leading. JUDGE: Well, I'll sustain an objection. You can ask her what, ask her it another way. D. HARRIS: Can you explain how a dog runs a trail? VALENTIN: You, you start the dog by giving them the article of clothing or pager or keys, or whatever you're going to use to let the dog know that that's the person that you are looking for. So you scent the dog. We call that scenting the dog. And he has to find where the trail starts and, and follow the trail all the way to the person, and for CARDA standards you don't have to identify the person. We train identification. D. HARRIS: Let's break that up in two parts there. You're saying CARDA doesn't require identification. What do you mean by that? VALENTIN: Identification is a way of telling, is the dog having a way of telling the handler that he has found the person that he's looking for. This particular dog's identification is a full jump on the person. D. HARRIS: And you're saying that we, you train for that particular identification. Is that either you through your company? Or with Contra Costa County? VALENTIN: Both. JUDGE: So you scent the dog and then the dog goes on the trail. Say there's six people there, and the dog will identify the person the dog is searching for by jumping on that person? VALENTIN: Yes. JUDGE: How big is the bloodhound? VALENTIN: He's 83 pounds. JUDGE: Go ahead. D. HARRIS: Did Merlin receive his, his CARDA certification? VALENTIN: Yes, he did. D. HARRIS: And after that certification, did you and Merlin begin working in this Mutual Aid for the State Office of Emergency Services? VALENTIN: Yes. D. HARRIS: Do you also work with Contra Costa County's search and rescue? VALENTIN: Yes. D. HARRIS: Now, with regards to your experience with this, have you also been involved with either Contra Costa search and rescue team in other capacities other than a handler or with CARDA or the state OES in other capacities other than just being a handler? VALENTIN: Yes. With Contra Costa County I'm a reserve lieutenant, and I have the resource division. So I work with developing new resources for the team. Resources meaning types of search groups, whether they're back‑country people who go into the back country, to look for missing people. For the Office for Emergency Services, I sat on the company that established the current standards for training and testing for all the dogs in the State of California in the Mutual Aid System. And then for CARDA I have been an evaluator, I should say, for most of the years I've been in CARDA. D. HARRIS: And how many years is that? VALENTIN: I'm not sure. I'd have to look at the dates, but it's, it's probably close to 93. D. HARRIS: So roughly ten, 11 years? VALENTIN: Yeah, roughly. D. HARRIS: What is an evaluator for CARDA? What do they do? VALENTIN: An evaluator is a person who sets up testing for the dogs, sets up the sign‑off process for the dogs, watches the dogs complete the process, and decides if the dog has completed the process properly or needs to go back for more training. Also, they can offer suggestions as to how to correct challenges that are occurring with the animal. D. HARRIS: Now, this particular dog that we're talking about, Merlin, has Merlin, besides what you've just mentioned, received any training or schools that allow him to be a trailing or tracking dog? VALENTIN: Yes. May I refer to my notes? D. HARRIS: Sure. You're looking at your resumé? VALENTIN: Yes. D. HARRIS: Can you briefly describe for the court what type of schools that Merlin has been to in the area of tracking and training. VALENTIN: In March of 2000 we attended LA Search Dogs Trailing seminar. And in October of 2002 we attended the K‑9 Specialty Search Associates Advanced Urban Trailing seminar. D. HARRIS: While you're doing that, can you briefly describe for the court what these classes are, these seminars are. VALENTIN: For LA Search Dogs, they had lectures and discussion, as well as setting up trails and running the dogs on different types of trails. For the purpose of learning for the handler as well as the dog. Although it was more handler centered. Excuse me. For the K‑9 Specialty Search Associates Advanced Urban Trailing, that was a seminar that was done almost completely in a urban environment. We had very busy downtown streets that we were running dogs on heavy traffic, parking garages. Just all the things that you would encounter in downtown areas. JUDGE: Was Merlin involved in that? VALENTIN: Yes, he was. D. HARRIS: And if you could continue. VALENTIN: That's it for the ones that he actually attended with me. I have many more that I've attended for my own training. D. HARRIS: Okay. So as part of your background, besides what your occupation is and all the other things, have you continued in your education, learning about tracking and trailing? VALENTIN: Yes. D. HARRIS: And can you tell the court the classes that you've attended or seminars that you haven't had Merlin participate with you? VALENTIN: Okay. Going for a full broad base, in, in my training, I attended the Inland Search Planning School for Air Operations in the San Bernardino Sheriff's Department in December of 2002. I attended a child abduction course at the FBI Evidence Recovery Team Training Facility in Oakland in 2000 and 2. I've attended Direction and Control of the Search Function, State of California, California State Governor's Office of Emergency Services. I've attended SAR Dogs in the New Millennium, which was instructors from the military and also Europe. I did miss one seminar that Merlin attended with me. And that was the Golden State Bloodhound Trailing Seminar in Alameda in April of 1999. I attended K‑9 Specialty Search School for Advanced Cadaver Search in April of 98. Also in September of 1993. I attended a Beginning Cadaver Search course by K‑9 Specialty Search School in April of 1993. In 1995 I attended a seminar with Bill Tolhurst in Sacramento, and he is one of the grandfathers of trailing. D. HARRIS: Have you also testified in court as an expert in the area of dog handling? VALENTIN: Yes, I have. In June of 2002 I testified an oral affidavit in support of a search warrant in Superior Court of California, County of Nevada, Truckee Branch, with Judge Holmes. I also testified in Superior Court of California, County of San Joaquin. It was California versus Wesley Howard Shermantine Jr. and Loren Joseph Herzog. Charges were eight counts of homicide. And that was 2000 and 1. I was accepted as an expert witness on canine Anne in cadaver detection for that case. For the prior case in the County of Nevada, I was qualified as an expert witness on cadaver detection dogs. D. HARRIS: Now, in this particular case dealing with Merlin, besides the education aspect and the certification aspect, do you train or go in, and run trails with Merlin on a regular basis? VALENTIN: Yes, I do. D. HARRIS: Is that a requirement to remain with the search and rescue team for Contra Costa? VALENTIN: Yes, it is. D. HARRIS: Can you explain to the court basically what is it that you and Merlin do and how often you do it? VALENTIN: We set up trails on a fairly routine basis in urban areas, as well as wilderness areas. We set some of our problems up as what we call "known" problems. So we know exactly where the person laid their, the trail, for the purpose of being able to encourage the dog when they're doing it right and correct them when they're not doing it right. And our, we train anywhere from once a week to once or twice a month. It, it varies depending on what our search load is. D. HARRIS: So besides the training aspect, do you also get calls out, either from OES or Contra Costa, where you are also going out working with the dog? VALENTIN: With Merlin I, I only worked Merlin for Contra Costa County. D. HARRIS: So with regards to them, do you go out, besides training, also working for Contra Costa? VALENTIN: Yes. D. HARRIS: Okay. So you're talking about maybe once a week or sometimes two times a month, depending on your, your other search duties? Is that what you were referring to that sometimes you might get a call out for Contra Costa? VALENTIN: That's correct. D. HARRIS: So you would be doing actual practical work and training all during the same month? VALENTIN: Yes. D. HARRIS: Can you give the court briefly some of the broad experience that Merlin has in terms of both a practical experience and training? P. HARRIS: Objection. Vague. JUDGE: Well, that has, has, has Merlin been found to be reliable in tracking humans? VALENTIN: Yes, he has. JUDGE: Can you give me some examples? VALENTIN: He has two, he's been on several searches. He has two searches where he has had finds. The first one was a search on Mt. Diablo where it was a gentleman whose campsite was found to be quiet. He hadn't been there for awhile. I went, I took Merlin and scented off of the gentleman's cell phone, and Merlin trailed up to him. He was deceased, and he, I believe he had been deceased for twelve to 24 hours. JUDGE: Okay. What was, there was another incident? VALENTIN: The second, second find for him was a house in Discovery Bay where he was scented in front of the house, and he went, trailed around the house to a body of water behind the house, directly behind the house, and stopped at that point, and the gentleman was under the water there. JUDGE: Okay. D. HARRIS: Now, you were answering the court's question that you had two finds. Are those the practical when you've been called out for Contra Costa? Or does that include all of your training and experience, too? VALENTIN: That's, that's just the practical searches. D. HARRIS: Okay. In terms of the training experience, to go through these somewhat quickly, let's just back up to January of 2000 and go through some of these. Do you have with you your training logs? VALENTIN: Yes, I do. D. HARRIS: And if you would turn your training log to January of 2000. And for counsel's records it's Bates stamped 25286. JUDGE: Pat Harris, do you have copies of the training log? P. HARRIS: I do, your Honor. VALENTIN: I'm sorry, for January? D. HARRIS: January of 2000. VALENTIN: Okay. D. HARRIS: Did you do training on January 25th of the year 2000? VALENTIN: Yes, I did. D. HARRIS: Can you tell the court what that kind of training exercise involved? VALENTIN: That training was a 24 hour old trail that went through a park into a neighborhood. The park included distractions such as dogs, bikes, strollers, groups of people, skateboards, there was one skateboard. And the person who laid the track through the park got into a vehicle and left a vehicle trail at the end with their windows down, and he was successful in that trail. D. HARRIS: Merlin was? VALENTIN: Merlin was successful in that trail. D. HARRIS: Going to July of 2000, Bates stamp 25294. Do you have that training log with you? VALENTIN: Yes, I do. D. HARRIS: Can you explain to the court what that training was? VALENTIN: That training was a 48 hour old trail that was laid in Davis. The scent article that I used for that trail was a hairband for the subject. The trail ran downtown with heavy trafficking, pedestrians, bikes, dogs, covered a lot of cement and asphalt, street crossings. He was successful on that trail. D. HARRIS: Now, again, when we're talking about a 48 hour trail, this is where the subject of, who's helping you out with this actually goes to some place, lays a path, and then you wait two days and come and search from the starting point and try to find out where the person ended at? VALENTIN: That's correct. And we always put the person at the end of the trail. They enter into the trail in such a way that the dog won't be able to pick up the freshest scent. So on each of the training trails, with I believe one exception, he has an identification at the end. He jumps on the person. D. HARRIS: And that particular trail was two days old? VALENTIN: Yes. D. HARRIS: Now, you said something about freshest scent, and I want to explore that with you for a second. Why is it that there's the issue of freshest scents when it comes to working a dog? JUDGE: What are you saying, Mr. Harris? Fresh? D. HARRIS: Freshest scent. JUDGE: F‑R‑E‑S‑H‑E‑S‑T? D. HARRIS: Yes. JUDGE: Okay. Freshest scent. Okay. VALENTIN: Freshest scent. The dogs want to find, want to pick up the freshest scent that's out there. So if a person laid a track that was seven days old, and then laid another track that was an hour old, the dog would want to try to go for the freshest scent. D. HARRIS: Now, to look at an example of that, if you turn to your November 2000 training log, Bates page 25298, November 26th, did you actually try some type of training with a variety of different trails? VALENTIN: Yes. I had a trail that was laid that was 24 hours old, a trail that was one hour old, and a trail that was seven days old. I was trying to force him to work the 24 hour old trail. He chose to work the one hour trail, and I didn't have anything to say about it. D. HARRIS: So, again, the dog is going to go to the freshest track or trail? VALENTIN: That's correct. D. HARRIS: Going to July of 2001. And did you do some training on July 22nd? VALENTIN: Yes, I did. D. HARRIS: Can you tell the court briefly about that particular training exercise? VALENTIN: I did a 48 hour old trail that was blind. It was a distance of approximately two miles. And the, the trail was laid by a person who was a stranger to the dog. He ran it successfully and identified the person. D. HARRIS: When you say it was a blind trail, what do you mean by that? VALENTIN: A blind trail is a trail where you know where the start of the trail is, or approximately where the start of the trail is, and, but you don't know where the person went. You don't know the direction of travel. You don't know where they went on the trail. So in those types of trails, what you're working on is the handler's ability to read the dog and the dog being successful working with the handler as a team. D. HARRIS: Now, the blind exercise, is that something that tries to recreate or approximate what you might get in the real live call‑out circumstances? VALENTIN: Yes, it does. D. HARRIS: How about November of 2001. Did you work a training exercise on November 2nd? VALENTIN: Yes. That trail was 14 days old. It was one mile, approximately one mile long, and it was laid on variable surfaces. That is, asphalt, cement, grass, those kinds of things. He was successful on it and he identified the person. JUDGE: This was 14 days old? VALENTIN: It was 14 days old. D. HARRIS: How about December 16th of 2000 and 1? VALENTIN: December 16th we ran a trail that was approximately five miles set 14 days earlier, and we were successful on that trail. On that trail we knew the starting points and we knew the ending point. We didn't know anything in between. JUDGE: Did you have to know the starting point and the ending point? VALENTIN: No. You don't have to know the starting point because they're trained in trailhead identification, so if there is no starting point, if you're not told the starting point and you take them to the wrong place, they're not going to go anywhere. They're not going to get a trail out of that. D. HARRIS: Now, this particular training in December 16th of 2001, that was another one of those 14 day old trails? VALENTIN: I'm sorry, the date? D. HARRIS: 12‑16‑01. VALENTIN: Yes. D. HARRIS: Okay. We could go through your, your training log here. Are those just kind of a small portion of training that you and Merlin have done? VALENTIN: Yes, it is. D. HARRIS: And can you explain to the court briefly how it is that Merlin works when Merlin is working on a track or a trail? VALENTIN: When he is working on a track or a trail, he is typically moving forward in a straight line or curves, depending on where the track goes, making corners. He has a typical body language that I look for when he is working, pretty classic head set and, and tail set. That head set and tail set, of course, can vary over long distances and long periods of time. D. HARRIS: Based on your experience and all of the training, do you think that you're able to read Merlin and work with him successfully? VALENTIN: Yes. D. HARRIS: You already answered the judge's question about whether Merlin's been deemed to be reliable in tracking. If you put him on a track, can he find somebody at the end? VALENTIN: Yes, he can. D. HARRIS: Directing your attention back to December 26 of 2002, did you receive some kind of notification?
Voir Dire Examination by Pat Harris JUDGE: Before we get there, maybe Mr. Harris would like to cross‑examination the witness on her qualifications. P. HARRIS: I would, your Honor. <morning recess> P. HARRIS: Thank you, your Honor. Good morning, Miss Valentin. It's my understanding from your testimony that you have been involved with dogs for about the last ten years? Is that approximate? VALENTIN: That's correct. P. HARRIS: During that time, you have testified twice as an expert; is that correct? VALENTIN: That's correct. P. HARRIS: Go over just briefly. You testified once in the County of Nevada back in 2002? VALENTIN: Yes. P. HARRIS: During that time what you did basically was an oral affidavit. You didn't come into court and testify. You just provided oral affidavit to the Court? VALENTIN: That's correct. In the judge's chambers. P. HARRIS: On that occasion you testified as an expert on cadaver dogs? VALENTIN: Yes. P. HARRIS: Is that right? There was nothing you testified at that point about trailing or tracking as an expert? VALENTIN: Yes, sir. P. HARRIS: Second time you testified would be in San Joaquin County; is that correct? VALENTIN: That's correct. P. HARRIS: That was in, what, 2001? VALENTIN: Yes. P. HARRIS: Again, you testified there about cadaver dogs, correct? VALENTIN: About one specific cadaver dog, yes. P. HARRIS: About one specific. That one being, Ann, is that the name of the, VALENTIN: Anne. P. HARRIS: Anne. On neither occasions have you testified in court about Merlin, the dog we are discussing today; is that correct? VALENTIN: No, I have not. P. HARRIS: And on no occasion have you qualified, ever, as an expert about trailing? VALENTIN: No, I have not. P. HARRIS: So today would be the first time that you are attempting to qualify as an expert for trailing in your ten years of working with dogs; is that correct? VALENTIN: That's correct. P. HARRIS: There is a distinction between a cadaver dog and a trailing dog, correct? VALENTIN: There are distinctions, yes. P. HARRIS: In fact, they work off different smells totally; is that correct? VALENTIN: That's correct. P. HARRIS: You have had Merlin for, I think you testified he was a five‑year‑ old dog? VALENTIN: Yes. P. HARRIS: And during that time you started training him, did you start training him as a puppy essentially when he was first capable? VALENTIN: I puppy tested his litter at six weeks of age, and again at seven weeks, at seven weeks specifically to be a trailing dog. P. HARRIS: And essentially then he qualified under CARDA so that he could then be a mission‑ready training dog. Is that the correct terminology? VALENTIN: I trained him and certified him through CARDA to be a mission‑ready trailing dog. P. HARRIS: Trailing dog excuse me. That actually occurred in July of 2002? VALENTIN: I have to look. July 21st of 2002. P. HARRIS: So he was passed by CARDA approximately four and a half to five months before he undertook, excuse me, approximately five and a half months before he undertook the service that is the subject of your testimony today? VALENTIN: That's correct. P. HARRIS: During that time afterwards, I believe it was your testimony that he had twice previously gone out on actual finds? VALENTIN: Of the searches that he did, two of them were finds, yes. P. HARRIS: Let's talk just real briefly about the two searches. One of them was in Mount Diablo, the campsite? VALENTIN: Yes, it was. P. HARRIS: Do you recall approximately what the date was? VALENTIN: I don't. P. HARRIS: Was it prior to this, prior to this CARDA certification? VALENTIN: He was not allowed to run searches until he's certified, after the certification. P. HARRIS: Second one was in Discovery Bay? VALENTIN: That's correct. P. HARRIS: And do you remember approximately the date of that? VALENTIN: I don't. P. HARRIS: Of that search. These were the two actual searches he did after the CARDA certification, correct? VALENTIN: Those are only two searches where he found the person that he was looking for. He has done other searches. P. HARRIS: So he has done other searches where it's been unsuccessful? VALENTIN: He's done other searches where his trails were deemed to be accurate. However, he did not find the person. P. HARRIS: So in a sense that is unsuccessful. That's how you classified it, correct? VALENTIN: Was he on the trail? Yes. Was there a person at the end? No. P. HARRIS: When you classify, you write it down as unsuccessful, correct? VALENTIN: No. When I write a search report, I don't write it down unsuccessful or successful. P. HARRIS: Both of the ones that were successful, or that he found, in the Mount Diablo in and Discovery Bay, the only two where he was successful, both of those were essentially wilderness searches, were they not? VALENTIN: That's incorrect. P. HARRIS: Okay. Both of them were over terrain? VALENTIN: One of them was over wilderness terrain, and one of them was in an urban environment. P. HARRIS: Okay. When you say an urban environment, could you describe what you mean by the urban environment in that particular case? VALENTIN: It was a house. P. HARRIS: Was it a house? VALENTIN: In a housing tract. P. HARRIS: I'm sorry? VALENTIN: In a housing tract. P. HARRIS: With a lake behind it? VALENTIN: Yes. P. HARRIS: The trailing was done over vegetation? VALENTIN: Yes. P. HARRIS: On the yard to the lake? VALENTIN: Asphalt, concrete, grass, gravel, yes. P. HARRIS: So in neither case has he been successful doing a search where he searched over anything other than vegetation. D. HARRIS: Objection. Misstates the defendant. JUDGE: I think she said asphalt, gravel. What else did she say? VALENTIN: Concrete. JUDGE: Concrete. P. HARRIS: The two searches that he was successful on, neither one of them involved trailing a vehicle, did it? VALENTIN: No. Actually, yes. The second one, the one that was at the house in the housing tract, he had an option of taking vehicle trails out of there, because the gentleman drove in and out of his driveway and down the street. He opted for the footpath the freshest footpath trail. P. HARRIS: But he did not vehicle, follow the vehicle trail, correct? VALENTIN: No. He's trained to follow the freshest trail. P. HARRIS: Essentially, in your note of that particular, first of all, have you turned over those notes to the District Attorney? VALENTIN: Yes. You have them. P. HARRIS: You have provided those? VALENTIN: Yes. P. HARRIS: Of the two searches? VALENTIN: That's incorrect. There are search reports done that Contra Costa County would have to release, though. JUDGE: Have you got those? P. HARRIS: No, we don't. JUDGE: Have you got a copy of those? Rick Distaso: We don't have those. D. HARRIS: I don't think we have search reports for other searches. JUDGE: They don't have it, so she can't give it to you. P. HARRIS: You said on the other occasions he was, you don't want to use the term unsuccessful, he did not find eventually the person he was looking for, the thing he was looking for? VALENTIN: That's correct. P. HARRIS: How many times would you, approximately, say that was? VALENTIN: I don't know. I'd have to go back and look. P. HARRIS: Could you approximate for us? VALENTIN: In the teens. P. HARRIS: So he would have found what he was looking for twice, and been unable to mind what he was looking for in the teens somewhere? VALENTIN: Yes. P. HARRIS: So he has a success rate of less than about 10 to 15 percent? VALENTIN: That's incorrect. P. HARRIS: Okay. Miss Valentin, you mentioned that you began in 1993. Prior to that what was your education? VALENTIN: I attended Diablo Valley College and obtained an AA degree. I attended Cal State University at Hayward. I did not obtain an, I completed most of my course work, did not obtain a degree. P. HARRIS: What was your course work in? VALENTIN: Business administration, information systems management. P. HARRIS: Did you have any specialties in physics? VALENTIN: No. P. HARRIS: Chemistry? VALENTIN: No. P. HARRIS: Any courses in canine psychology? VALENTIN: I don't believe that Hayward offers canine psychology. P. HARRIS: So prior to 1993, did you have any background whatsoever in dog handling? VALENTIN: Yes. P. HARRIS: What experience did you have? VALENTIN: When I was in 5th grade I trained a dog in obedience. P. HARRIS: When you say trained him in obedience, you are talking about teaching him to roll over? VALENTIN: Sit, down, stay, come. Off leash. P. HARRIS: In fact, when you began your work as a trainer, you worked with the Applegate School for Dogs. That was your first job in training? VALENTIN: Job in training? P. HARRIS: First job training dogs. VALENTIN: Yes. P. HARRIS: And Applegate School for Dogs is essentially an obedience school, what we would refer to as, those of us who are non‑experts would refer to has obedience school? VALENTIN: We teach obedience. We also work with behavioral issues, such as aggression. And we also work with handlers here training their dogs in cadaver detection work. P. HARRIS: But, essentially, what the school does is, it teaches dogs to fetch, roll over, sit? VALENTIN: Incorrect. We do not teach them to fetch, roll over. We don't do trick training. P. HARRIS: So the training you do is specifically only directed towards doing some type of search work? VALENTIN: That's incorrect. P. HARRIS: Could you explain it to me then? I'm having trouble understanding exactly what who the obedience school does. VALENTIN: We teach dogs to heel, sit, down, stay, come, off leash. We teach them to be non‑aggressive in certain environments towards other dogs and humans. We teach them how to, we teach them, if they were to go on and be a search dog, the foundation for training a search dog, which is obedience. P. HARRIS: Okay. And you began that in 1993? VALENTIN: That's correct. P. HARRIS: That's also the same time you became a search dog handler for Contra Costa? VALENTIN: No. I don't know. I don't know the date that I certified for Contra Costa County versus the date that I started a training business. P. HARRIS: I guess what I'm trying to figure out is, you went to work at obedience school the same time you became a search dog handler, according to your resume. So I guess what I'm, my question is, how did you qualify to be a search dog handler if you had just begun work the obedience school? How did you get, VALENTIN: You have to go through training and testing with your dog. P. HARRIS: What training and testing was that? VALENTIN: Training in search and rescue work with California Rescue Dog Association, and handlers from Contra Costa County Sheriff's Department. P. HARRIS: How extensive is that training? How long did it take you, for instance? VALENTIN: First dog it took me one year. Second dog it took me 11 months. Third dog took me three and a half years. Depends on the dog. P. HARRIS: And over the course of your time from 1993 to the current time, how many dogs have you personally, as a search dog handler, handled? Your own personal dogs. JUDGE: You mean other than Merlin? P. HARRIS: Other than Merlin? JUDGE: Yes. VALENTIN: Can you ask me the question again I'm not sure I caught all the points. P. HARRIS: As far as the actual dogs that you personally have handled, such as Merlin, how many dogs have you done like Merlin, where you personally have taken then on and been handler for? VALENTIN: Been the handler or involved in the training? P. HARRIS: Been the handler. VALENTIN: One. P. HARRIS: Merlin would be the only dog? VALENTIN: Merlin would be the only one in the trailing discipline, yes. P. HARRIS: And other disciplines have you had dogs? VALENTIN: Yes, I have. P. HARRIS: That you have handled in the other disciplines, I know there is cadaver. I would assume there is a search, just a basic search, where you teach dogs to, instead of trailing, you teach them just to track? Is that a separate sort of category that you would call? VALENTIN: I don't know that I can answer that. JUDGE: Well, is there difference between trailing and tracking? VALENTIN: Is there a difference between trailing and tracking, is that what you are asking me? JUDGE: I'm asking you, I don't know what he's asking. VALENTIN: I'm sorry. JUDGE: I'm asking, is there a difference between trailing and tracking? VALENTIN: Yes there is. JUDGE: What is the difference? VALENTIN: Tracking is teaching a dog to travel footstep to footstep, where the person who laid the track went. Trailing is taking a dog and training them to go where the scent of that person is left, which can be a scent that has blown off of the track itself. And also teaching them to move, never mind. P. HARRIS: Well, the tracking essentially involves, if I'm understanding correctly, involves actual vegetation and the odor of the vegetation gives off when somebody walks over it? VALENTIN: That's incorrect, from our training. P. HARRIS: Okay. How is that incorrect? VALENTIN: We teach them, for me, teaching Merlin to do trailing, I started teaching him to track. And from day one he was taught to track specifically for a person's scent, not the scent of vegetation, not the scent of any other things than that person's scent. P. HARRIS: I guess where I'm confused is, Merlin is a trailing dog. VALENTIN: He's a trailing, he is certified as a trailing dog, yes. P. HARRIS: That's what a trailing dog does. They are geared toward the human scent. VALENTIN: That's correct. P. HARRIS: Okay. But there is a separate category, that's what I was asking, on tracking, where they just track over the scent of the vegetation. That's a separate category? Or am I mixing ‑‑ VALENTIN: Tracking, we don't use tracking dogs in search and rescue. P. HARRIS: Okay. So you have never handled or put together a tracking dog. That's never been your assignment? VALENTIN: I have never certified a dog in tracking for search and rescue, no. However, tracking methods, I use tracking methods to teach trailing. P. HARRIS: Okay. Fair enough. So other than a cadaver dog a trailing dog, I'll say, a tracking dog you don't deal with, but others might, are there other categories that you train a dog in, as far as scent? VALENTIN: That I'm currently training or have trained? P. HARRIS: Have trained. VALENTIN: Have trained? In wilderness discipline. P. HARRIS: How is that different from, for example, what you trained with Merlin? VALENTIN: Wilderness is different in that he's not a wilderness dog. They are not given an article that smells like the person that they are looking for. They are asked to go find anyone in the area and alert you to their presence. P. HARRIS: Are there other type of dogs that you have trained, other categories? VALENTIN: I'm currently working with an explosive detection dog. P. HARRIS: Okay. So that's another category of dogs that you can discover explosives. Have you ever dealt with drug detection dogs? VALENTIN: No. P. HARRIS: So the dogs you have personally handled over the years, personally trained, including all categories, how many would you say you have handled? VALENTIN: Trained, handled, or certified? P. HARRIS: Say handled. VALENTIN: If I just say handled, I have to handle them to train them, so we're talking over a hundred dogs. P. HARRIS: Okay. VALENTIN: Personally. P. HARRIS: Training purposes, you have dealt with over a hundred dogs for training. But as far as I want to go back. VALENTIN: In these categories, yes. And these would be dogs that are owned and handled by other people. P. HARRIS: I'm talking about all categories. But for all categories, how many dogs have you handled, in the sense that I'm using the term, the way you have handled Merlin? VALENTIN: Personally trained and handled and certified, would be four. P. HARRIS: Okay. That includes Merlin, or is that, VALENTIN: That includes Merlin. There is another category. Disaster. P. HARRIS: Have you ever trained a dog in that? VALENTIN: Two, currently in training. P. HARRIS: As far as training Merlin, you had him in, you had him certified by CARDA in July. And then I believe your testimony was, you have to continue to, at least monthly, run him on tests. Basically try him out at least once or twice a month; is that right? VALENTIN: No, I don't believe I said that. P. HARRIS: Okay. Clarify for me then, what is your, in order to keep Merlin up to snuff, up to sniff, maybe what would be the, JUDGE: Very clever. P. HARRIS: What would be the pattern for training? How often would you run him? VALENTIN: It would depend on a number of different factors. How he responded on previous trail. I can't give a you a pat answer. JUDGE: Let me ask you this. Is there some sort of a routine or procedure that you have to undergo in order to keep the dog certified, for example? VALENTIN: You have to continue running them on trails that you know where the person went. JUDGE: How often do you do this, once the dog has been certified, how often do you do that? VALENTIN: Are you talking about the specific dog? JUDGE: Talk about Merlin. VALENTIN: It's hard for me to say. JUDGE: Once a month, twice a month? VALENTIN: Once a month, once, sometimes four times a month. I mean it varies. JUDGE: What determines how many times a month you are going to do that? VALENTIN: My workload. JUDGE: Your workload. So you have to work around that with your dog? VALENTIN: Yes. JUDGE: Go ahead, Mr. Harris. VALENTIN: Among other things. JUDGE: Among other things. Okay. P. HARRIS: Essentially with your workload, it defends on, how often the dog gets trained depends directly on you and what your schedule is. VALENTIN: I'm the one that trains him, so, yes, he has to. P. HARRIS: It's important to keep the dogs trained to keep them at least running every once in a while, whether it's one or four times a month, it's important to keep them doing it fairly regularly? VALENTIN: In some cases, yes. In other cases, no. Sometimes it doesn't, really depends on what you are doing with them. Sometimes they are injured you need to take breaks. P. HARRIS: Would Merlin get, Merlin is a fairly young dog, especially terms of searching, right? VALENTIN: Yes, he is. P. HARRIS: He wouldn't need to, he wouldn't be burned out at this age, four years old, right? VALENTIN: That's not what I'm saying. When I say burned out, it's like if, take, for instance, studying, if you are studying for hours and hours and hours, days and days and days and days, you get tired of it. They also get tired of it. P. HARRIS: Okay. In October you took him to a seminar, in October of 2002, in Chico, California, where I believe it was the K‑9 Specialty Search Associates Advanced Urban Trailing? VALENTIN: Yes. P. HARRIS: Do you recall that? VALENTIN: Yes, I do. P. HARRIS: During the seminar, what was it, a week long seminar, something like that? VALENTIN: Either three or five days. I don't remember. P. HARRIS: During that seminar, you didn't complete that seminar, correct? VALENTIN: That's correct. P. HARRIS: You injured yourself? VALENTIN: That's correct. P. HARRIS: And after you injured yourself, you couldn't teach Merlin, couldn't train Merlin. VALENTIN: That's correct. I couldn't run with him, yes. P. HARRIS: So in October of 2002, until, when was the next time you were actually able to take him out and train him? VALENTIN: I have to look at my notes. P. HARRIS: Go right ahead. VALENTIN: Okay. October 2002 was the seminar, the 18th to the 27th. And then on the 19th was his next half‑mile trail. P. HARRIS: 19th of? VALENTIN: December. P. HARRIS: Okay. So about two months later before you were able to take him out training again? VALENTIN: Let's see. Month and a half. P. HARRIS: October 18th to the 25th, to December 19th? VALENTIN: Correct. P. HARRIS: The case that you are here with today, the trailing that you actually had to do was on December 27th, a week later? A week after your last training with Merlin? VALENTIN: A week after my last training, what was the question. P. HARRIS: That was the case you are here today to testify about? VALENTIN: Yes. The 26th. P. HARRIS: Previous to that for two months Merlin hadn't been run at all. Prior to that, December 19th? VALENTIN: His last refresher was on December 19th, yes. P. HARRIS: And prior to that was two months before that? VALENTIN: Prior to that was in the week of the seminar. JUDGE: The what? VALENTIN: During the week of the seminar. JUDGE: During the week of the seminar? VALENTIN: Yes. So his last refresher trail would have been seven days prior to this trail. JUDGE: What happened on December 19th? VALENTIN: On December 19th he ran a half‑mile trail dirt road training. It was successful. P. HARRIS: As far as the training, it was a much shorter run than what you have been taking him on prior to that, correct? VALENTIN: Pretty average. P. HARRIS: That was because you were still recovering. VALENTIN: That's correct. Pat Harrris: As trainer, you have to keep up with the dog as well, right? VALENTIN: That's helpful, yes. P. HARRIS: It's very, takes a lot of energy, correct? VALENTIN: Yes. P. HARRIS: Okay. Miss Valentin, the vehicle trailing concept, you have, over the four years that you have had Merlin, you have had probably, looks from your records you have sent him on searches somewhere in the neighborhood of a hundred to hundred fifty times minimum? VALENTIN: Searches or training, or training trails. P. HARRIS: Training. I'm sorry. Training? VALENTIN: Training trails. I believe it was an around 300 at the time of this trail on the 26th of December. P. HARRIS: And prior to December 27th, 2002, there were only three occasions where you took Merlin on any kind of a vehicle trail, correct? VALENTIN: I don't know. I'd have to refer to my notes. P. HARRIS: Okay. We can do that over the lunch break if you would, please. Does that sound about right? VALENTIN: Close. P. HARRIS: That's what you are here to testify today as an expert on vehicle trails, right? VALENTIN: Define vehicle. P. HARRIS: Oh, cars, bikes. VALENTIN: Okay. Then, yes. P. HARRIS: That's about right? In fact, the three times that you actually trained him on trailing any kind of vehicle, or ran him on any kind of a vehicle trail, all three times you did it with the windows down on the automobile, correct? VALENTIN: That's correct. P. HARRIS: Because it makes it a lot easier for the dog to trace that way, right? VALENTIN: Yes. P. HARRIS: And, in your experience, driving around the city, do you see most people with their windows down in their cars? VALENTIN: In the summertime yes. P. HARRIS: You do. Most of them don't, VALENTIN: I can't say that most cars have their windows down in the summertime, no. P. HARRIS: After December 27th, 2002, almost six months after, you took, for the fourth time, you took Merlin out on a vehicle trail where you actually used cadaver parts. Do you recall that? VALENTIN: Yes. P. HARRIS: Okay. That was almost six to seven months after? VALENTIN: Yes. P. HARRIS: The 27th of December. First time he's ever done that, correct? VALENTIN: Yes, that's correct, that's incorrect. P. HARRIS: He had done cadaver parts inside a vehicle before? VALENTIN: It's unknown. JUDGE: Didn't hear your answer. VALENTIN: It is unknown as to whether he has trailed a vehicle with cadaver parts in it or not. P. HARRIS: When you say it's unknown, is that because you have no idea what scent he may have picked up at some point when you are randomly guessing he might have? VALENTIN: It's a possibility. P. HARRIS: It's a possibility. Your Honor, at this time we're going to ask that at this point she cannot be qualified as an expert. She has had no experience testifying whatsoever, as far as anything other than cadaver dogs, only twice in court. The dog itself has had minimal training at best on three different times prior. She's coming here today as vehicle testing. And the most optimum circumstances is with the windows down. I don't think we could say that that qualifies as an expert in any way, shape, or form. Following that CARDA, certification process of CARDA's minimal, as you can see from the training affidavits. I don't see anything to make her an expert. Obedience school, she has gone to sit, heel, so forth. She's no expert in terms of trailing vehicles, which is what we're here for today. JUDGE: Do you want to be heard, Mr. Harris? D. HARRIS: Statute is fairly clear, doesn't require that a person have testified in court before to be an expert. Just basically paraphrase. It's the person's education, training, or experience. In this particular case, this is an individual who's trained thousands of dogs. If we get down to the very narrow point, this is a person that has dogs in multiple disciplines being trained currently. She's had other dogs in other disciplines that she has qualified as an expert. She's already explained basically that the same process for tracking, trailing, and the behavior and training approach for cadavers is the same, where she has qualified as an expert. She's run 300, with this particular dog, approximately 300 practice or training trails. I think that's more than sufficient for a person to qualify as an expert. JUDGE: I think, based on her testimony, I think she's qualified by training and experience to use the dog, and it appears that the dog Merlin is reliable in tracking humans. And I think that her opinion goes to weight rather than admissibility. So I'll find her qualified, and the dog qualified. So you can pick up where you left off.
Direct Examination by David Harris, resumed D. HARRIS: Thank you. Miss Valentin, I wanted to take you back to 12‑26 of 02, and ask if you and Merlin were asked to assist through mutual aid Modesto Police Department in a trailing, or a lost persons case. VALENTIN: Yes, I was. D. HARRIS: Did you go to Modesto? VALENTIN: Yes, I did. D. HARRIS: When you went to Modesto, did you meet with members of the Modesto Police Department at the address of 523 Covena Avenue? VALENTIN: I started at a park somewhere in the area and briefed there, and then dispatched to 523 Covena. D. HARRIS: The park that you went to, was there a command center or something, command post there? VALENTIN: Yes, there was. D. HARRIS: Just for record purposes, you are not very familiar with the Modesto area; is that correct? VALENTIN: Not at all. D. HARRIS: When you went there, were you given maps of the general location where you were at? VALENTIN: No. D. HARRIS: Did you have to get some of your own, like either Thomas Brothers, or Rand McNally? VALENTIN: During t he time that I was running the trail, I had someone taking notes as to where we were. And after I ran the trail and went to write my report, I was able to find it on my Thomas Brothers disc. D. HARRIS: And that disc, that's a software program that has maps on it for a computer? VALENTIN: Yes, it is. D. HARRIS: When you went to 523 Covena, is that the defendant's house, Mr. Peterson's? VALENTIN: Yes, I believe it is. D. HARRIS: Were you asked to attempt to locate, by running a track with Merlin, of a missing person Laci Peterson? VALENTIN: Yes, I was. D. HARRIS: Prior to doing that, did you collect some items that are scent items? VALENTIN: Yes, I did. I went into the home, and was shown to the back bedroom, on the left side by one of the detectives. In that room, I put rubber gloves on, and picked up a pink slipper, and put it into a Ziploc Baggie. I went into the closet and there was a purse in the closet that had her license in the purse. And I, again, with rubber gloves I pulled out a sunglasses case that had sunglasses in them, and put them into a Ziploc bag. I picked up a slipper in front of a dresser, and then I went into the bathroom and picked up a hairbrush, and put that into another, all were put in separate Ziploc bags. D. HARRIS: I was going to ask you about all of those items that you collected. They were separated in separate plastic bags? VALENTIN: Yes, they were. D. HARRIS: Did you show those particular items to the defendant? VALENTIN: As I was walking through the house, I hesitated in what I believed is the dining room, and Mr. Peterson said that one of the slippers that I had was his. And someone interrupted and said something, and then he stated again that that was his slipper. I then asked him if the other things belonged to Laci, and he said that they did. D. HARRIS: The slipper Mr. Peterson was saying was his, what color slipper was that? VALENTIN: It was brown. D. HARRIS: And then the defendant advised you that the other items, which was the other slipper, the sunglasses case, the hairbrush, those were Laci's items? VALENTIN: That's correct. D. HARRIS: Why is it that you would take a sunglasses case, or sunglasses? VALENTIN: Sunglasses are, I have to qualify. I don't know whether they were prescription sunglasses or not. Sunglasses are typically a very personal item that you don't share with other people in the home. And they were enclosed in a case, which even further protects them. And when I'm running him, I want the purest scent article that I can possibly get. D. HARRIS: When you put on sunglasses, is there certain, or any glasses, are there certain parts of the sunglasses actually come in contact with the person's face? VALENTIN: Yes. On the nose and the ears at least. D. HARRIS: And in your experience, have those particular items been conducive to picking up a good scent for your dog's ability? VALENTIN: Yes, they have. D. HARRIS: After you had obtained these items and they had been identified by the defendant as being Laci's, did you attempt to run a track or a trail with Merlin with any of those particular items? VALENTIN: Yes, I did. I used the sunglasses and the sunglass case. D. HARRIS: Can you explain to the Court the process that you went about to do that? VALENTIN: I harnessed, put the harness on Merlin, which is his signal that he's going to work. I put the harness on him just outside of my vehicle, which was parked at a very small city park just down the street south of the residence. I walked him on his line up to the residence, the southern corner of the residence, and scented him on the sunglasses. D. HARRIS: When you say you scented him on the sunglasses, what does that mean? What did you physically do? VALENTIN: I opened up the Baggie, opened up the case. From the outside of the bag, I opened up the case, and pushed the, or jostled the sunglasses up high in the bag so he could get a good scent of the sunglasses. D. HARRIS: Did it appear that Merlin scented on the sunglasses? VALENTIN: Yes. D. HARRIS: What did you and Merlin do after he was scented on Laci's sunglasses? VALENTIN: Merlin took off across the front of the property and headed north on Covena. D. HARRIS: Is there any significance to the fact that you are saying that he took off across the front of the property? VALENTIN: When we're looking for missing people, there is an assumption that the search, that the house has been searched. The grounds have been searched. So what we're looking for is an exit trail from the property. And I have to be able to cover the entire property with the dog in order to make sure that I put him in an area to catch an exit trail. And he caught an exit trail immediately. D. HARRIS: And describe for the Court where you and Merlin went on this track or trail? VALENTIN: We went north on Covena to Highland. At Highland we turned left. D. HARRIS: Did you, was there a map, you indicated before that you wrote a report afterwards, and you were able to find it on a disc. Did you prepare a map with kind of a highlighted trail of where you and the dog went? VALENTIN: Yes, I did. D. HARRIS: If you were to look at that, would that help you be more accurate as to the streets, since you are not familiar with the area? VALENTIN: That would be very helpful. D. HARRIS: If I could have this marked next in order. JUDGE: Mr. Harris, have you got this map? P. HARRIS: I do not, but, JUDGE: Make sure you guys are referring to the same thing. D. HARRIS: He doesn't have the colored version. P. HARRIS: I don't have the colored version. In this case it is actually pretty important. JUDGE: Do you want us to burn a copy for you? P. HARRIS: I can just, if the Court won't object, I'll stand over her shoulder and look at it. JUDGE: That's fine. This will be people's next in order. This will be People's Number 9. This is a the map of the dog track? D. HARRIS: Yes. Miss Valentin, I'm going to, JUDGE: Can I see it, Mr. Harris, just so I know where we are? D. HARRIS: Yes. JUDGE: Okay. D. HARRIS: Miss Valentin, you have just been presented with People's Number 9. Do you recognize that particular map? VALENTIN: Yes, I do. D. HARRIS: And is that the map that you pulled up on your software program and drew a line of the trail that you took? VALENTIN: Yes, it is. D. HARRIS: Now, looking at that particular map, if you can describe for the Court the direction. Again, if you need to refer to the map to get the accurate street, if you would go ahead. VALENTIN: Okay. From the southern edge of the property at 523 Covena Avenue he headed immediately north on Covena. He then turned, at the very first intersection he turned west on Highland Drive. He went into a house on Highland Drive, 1326, I believe, Highland Drive. He went down driveway and into the backyard of the residence, circled throughout that backyard, then came back through the gate and then continued on west on Highland Drive. D. HARRIS: Let me stop you there for a second. VALENTIN: Yes. D. HARRIS: You indicated he goes down this driveway to the backyard. Where does that back yard abut to? VALENTIN: The backyard at 1326 Highland Drive is catty‑corner to the property, catty‑corner and behind the property at 523 Covena Avenue. D. HARRIS: The Peterson property? VALENTIN: Yes, the Peterson property. D. HARRIS: The dog circled around the area catty‑corner to the Peterson property, and goes back out on to the street? VALENTIN: That's correct. D. HARRIS: Where does the dog go from there? VALENTIN: He then continues heading west on Highland Drive. He gets to Santa Barbara Avenue. He goes several areas past that. I don't remember. It is stated in my report. And then he turned back and headed south on Santa Barbara Avenue. He crossed several intersections and came to the intersection of San Barbara Avenue and La Loma Avenue, at which point, he turned southeast on La Loma Avenue and continued to the intersection of La Loma and Yosemite Boulevard. At Yosemite Boulevard, he turned west and continued to Santa Rosa Avenue, at which point he turned south and headed down Santa Rosa Avenue. And I stopped him at the Gallo, inside of the Gallo property at the end of Santa Rosa Avenue. D. HARRIS: Why did you stop him? VALENTIN: As we were traveling down Santa Rosa Avenue, he wasn't showing all the signs of being on trail. And when we hit the dead end into the Gallo property, there was nowhere else to go. I could have taken him back and worked to see if there was an in‑and‑out trail there. However, with the information that we have, I stopped him and we went back to debrief with the detectives at the command post. D. HARRIS: Now, in terms of when Merlin is working, do you use the terminology, has a strong pull on the harness? VALENTIN: A strong pull on the harness, yes. That is a terminology that we use. D. HARRIS: What does that mean, for the Court's information? VALENTIN: When they are pulling strong in the harness, they are on trail and driving hard to get to the end to find the person. D. HARRIS: And in this, VALENTIN: Motivation. D. HARRIS: With this particular track that's depicted in People's Number 9, where, approximately, was it that he stopped really pulling on the harness? VALENTIN: It was after working through the intersection at Yosemite Boulevard and Santa Rosa, he wasn't giving me a strong pull in the harness. He was not, he was not, he was showing me that he really didn't have anything. D. HARRIS: You said that you went back and you debriefed. That means you go back and you talk with the detectives at MPD about what was the, Merlin had done, what that trail meant to you; is that correct? VALENTIN: Yes. I went back in and debriefed with them, and I told them that the trail, to me, seemed like it was a vehicle trail not a foot trail. The reason is that when with the vehicle trails, he tends to run center of the road, sometimes side‑to‑side on the road. With his foundation in tracking, training him to track, a scent, that he tends to work very close to where the person has walked. Most people don't walk down the Bott Dots on the street. And he was pretty dedicated to always going back and checking those Bott Dots as we were traveling down through the neighborhood. When we hit Yosemite Boulevard, he wasn't in the middle of the sidewalk where a normal person would walk. He was up against the sides of the stores on that. We did not have enough backup officers with us to be able to shut down Yosemite Boulevard, so we couldn't give him the option of working it differently. D. HARRIS: So from your opinion, was this a track which that person the dog was scented on walked away from the residence? VALENTIN: No. What he displayed in his body language is that the person left the residence in a vehicle. D. HARRIS: After you had done the track away from the house, were you asked by the detectives to see if you could do another track or a trail near a business or an intersection? VALENTIN: Yes. One of the detectives asked if I could see if he would do a trail to Mr. Peterson's warehouse. And I told him that we could do that, but I needed to have him not take me to the warehouse, or tell me where the warehouse was, but to take me to somewhere near the warehouse, and that I would work him around to see if I could pick up a trail that led somewhere, possibly to a warehouse. D. HARRIS: Did you go to that location? VALENTIN: I did. D. HARRIS: While you are looking, why don't we, let me just follow up and ask. Did you do a second trail for Modesto Police? VALENTIN: Yes, I did. D. HARRIS: And did you also do the same type of map program and highlight something on a map to show that trail? VALENTIN: Yes, I did. D. HARRIS: If I could have this marked next in order. JUDGE: All right. Mr. Harris, you have seen that? D. HARRIS: Other than the colors, it's Bates number 25815. JUDGE: This would be number 10. D. HARRIS: Yes. JUDGE: Mr. Harris, have you got that? P. HARRIS: We do have it. D. HARRIS: Miss Valentin, I'm going to show you what's been marked as People's Number 10, and ask you if you recognize it. JUDGE: Number 10. VALENTIN: Yes, I do recognize that. JUDGE: Can I see that also? D. HARRIS: Sure. JUDGE: Okay. D. HARRIS: Now, the judge has had a chance to look at it. Do you recognize that as the map that you had drawn after you had prepared your report? VALENTIN: Yes, I do. D. HARRIS: Going to this, when you were first taken to that area, from looking at the map, do you recall where you went when you first started to run this track? JUDGE: Where did you start the track? Let's start with that. VALENTIN: Started I believe at, I need to refer to my notes. I believe it was Kansas Avenue and North Emerald Avenue. JUDGE: Go ahead, Mr. Harris. D. HARRIS: When you started there, was Merlin able to pick up some track or trail? VALENTIN: Merlin picked up a trail heading south on North Emerald Avenue. JUDGE: Can I interrupt for just a second? Did you scent the dog when it got to Kansas and North Emerald Avenue? D. HARRIS: That was my next question. VALENTIN: Yes, I did. JUDGE: What did you use the to scent, the glasses? VALENTIN: The sunglasses, not the case. JUDGE: All right, go ahead. D. HARRIS: So after the dog was scented on the sunglasses, which was the same item from the house, you were indicating the dog went southbound? VALENTIN: Yes. D. HARRIS: And at that point in time, did the detectives ask you, or stop you, or talk to you, about something? VALENTIN: During the time that I was running this particular part, one of the detectives asked me if the dog would follow a trail heading in the direction of the freshest scent, and I told him yes. D. HARRIS: Did they then ask you to go to the shop, since the dog was going on the freshest scent? VALENTIN: Yes. He asked if I, if we could if we could take the dog to the warehouse at 1027 North Emerald. D. HARRIS: That was the defendant's warehouse? VALENTIN: That's correct. D. HARRIS: Did you take Merlin over to the defendant's warehouse? VALENTIN: Yes, I did. D. HARRIS: And did you scent the dog there? VALENTIN: Yes. I went up to door B‑1, and scented him off of the ,of the sunglasses as I had done the two previous times. And he immediately took a trail heading east out of the, out of the warehouse area. D. HARRIS: And when you say "he", you are referring to Merlin? VALENTIN: Merlin. I'm sorry. D. HARRIS: Merlin goes out of the warehouse area and heads east. Does he go out on to the street? VALENTIN: He heads east onto North Emerald Avenue, and he then turns south on North Emerald Avenue. D. HARRIS: What does he do at that point in time? VALENTIN: He continued cross Kansas Avenue and went to Mays Boulevard. At Mays Boulevard he turned west. D. HARRIS: Now, the area that, this particular track that you are running at that point, or trail that you are running at that point in time, did it cover the same area when you had been at that intersection where the detectives had kind of asked you that question before? VALENTIN: Yes, it did. D. HARRIS: So now he had gone from the starting point of the warehouse back to that same location and passed it heading south? VALENTIN: Yes, he did. D. HARRIS: Did he make a turn after he had gone south? VALENTIN: He turned west on Mays Boulevard. D. HARRIS: Does Mays Boulevard become some other street? VALENTIN: It becomes 132. JUDGE: Highway 132? VALENTIN: I don't know. It's a green, JUDGE: Highway 132? VALENTIN: Yes. D. HARRIS: How far did you let Merlin go on Mays or Highway 132? VALENTIN: He was moving pretty strong, and I moved, I let him go for good quarter of a mile, I would say, on132, and then the detective that I was with, he asked if we could stop him there. D. HARRIS: Was there traffic on that road as well? VALENTIN: Yes. D. HARRIS: Did it, when you get down to that area, does it become a little bit more of a busy thoroughfare? VALENTIN: Yes. P. HARRIS: Objection. Calls for speculation. JUDGE: Sustained. D. HARRIS: Was there lots of traffic down there when you were running this? VALENTIN: There was. When you got to the intersection of North Emerald and Mays, there is a stop light there, and there was traffic lined up for quite a ways. We actually shut the intersection down with the patrol car to allow the dog to work through the area and make that turn on to Mays. And there was a lot of traffic. D. HARRIS: After the detective asked you to stop, did you again go back and debrief as to what that particular track or trail had meant? VALENTIN: Yes. Well, I continuously debriefed the detective that was with me while we were running the trail. So after we ended it, I took the scent articles back to the warehouse and gave them to Detective Brocchini, I believe. D. HARRIS: And, in your opinion, did the track or trail from the warehouse south and then west on 132, was that a person on foot or person in a vehicle? VALENTIN: I believe that that was a person in a vehicle, because we, in those areas, with the high traffic, we did have vehicles, with us stopping traffic and he was allowed to run it his own way. He ran that, constantly going back to check those Bott Dots to see if there was scent there. D. HARRIS: And that's in the middle of the roadway? VALENTIN: Yes. D. HARRIS: And that particular trail was run off of the scent from Laci's sunglasses? VALENTIN: That's correct. D. HARRIS: On January 30 of 2003, were you again contacted by Modesto PD and asked to come out and run another trail or track for them? VALENTIN: Yes. I was asked to come out and run a drop trail from the corner where my last trail ended to Highway 580 to check for the presence of Laci's scent on that highway. D. HARRIS: On January third, did you go back to that location where the trail had ended on the 26th? VALENTIN: I did. D. HARRIS: And did you start Merlin again? VALENTIN: I did. D. HARRIS: How did you start Merlin at that time? VALENTIN: I started, I started him at the intersection of North Emerald Avenue and Mays, and I believe that there is a school on that corner. I did make a mistake in my report that I wrote, and stated in that report that I started the dog at the intersection of North Carpenter Road and Highway 132. So I started him in the same fashion, using the same sunglasses that I obtained, I believe, from Sergeant Cloward at briefing that morning. I scented him on those sunglasses and worked from the intersection of North Emerald Avenue and 132. Drop trailing from that intersection through and on to 580. D. HARRIS: Stop you a minute. You use a term drop trailing. What does that mean? VALENTIN: Drop trailing is a form of trailing where you take one dog team, and you drop them to see if there is scent, a trail in the area. You run for a distance, and then the dog team is picked up and moved further forward on the roadway. It's a way of being able to more quickly, and with less physical effort, determine if a person has gone over a long distance on a highway or freeway. D. HARRIS: Do you recall the approximate distance from that intersection down there on Emerald, to Mays, 132, to where you ended up going onto 580? VALENTIN: Approximately 20 miles. D. HARRIS: And if you had made the dog run or walk that entire distance, would that tire the dog out? VALENTIN: Yes. D. HARRIS: Would it have tired you out too? VALENTIN: Yes. D. HARRIS: So by picking up the dog, you moved to the next intersection and lets them work that intersection? VALENTIN: That's correct. D. HARRIS: And how do you work it when you get to the next intersection? VALENTIN: Typically we start the dog before the intersection, and we get them out and see if they can pick up a trail. If we get them out and they don't pick up a trail, we'll do what's called four‑cornering, where we move them to different corners in an intersection to see if they can pick up scent. If they don't pick up scent, they tend to not go anywhere. If they do pick up scent, we're behind them running. And that's how we determine if there is scent there, and what the direction of travel is in an intersection. And we run for maybe a hundred, two‑hundred yards. Then we pick, they pick us up and set us down in another intersection to see a direction of travel, or if there is a trail at all in that intersection. D. HARRIS: You mentioned that it would be one dog team doing this. When you were doing this particular track or trail on January 3rd of 2003, were you the only dog team that was out there? VALENTIN: No. There was another dog team with me. It was Eloise Anderson and a dog Trimble. And she was working the same drop trail with me. However, she was working it on a different scent. D. HARRIS: And what scent was it that she was working on? VALENTIN: Scott Peterson's scent. D. HARRIS: And do you remember what the scent article was that she used to scent her dog? VALENTIN: It was the brown pair, P. HARRIS: Objection, your Honor. Speculation. JUDGE: Sustained. D. HARRIS: Did you see her with the scent item from the defendant that you had collected on the 26th? VALENTIN: Yes, I did. D. HARRIS: And did you, VALENTIN: I saw her scent her dog with that article. D. HARRIS: That was the brown slipper? VALENTIN: That's correct. D. HARRIS: When you ran this drop trail with Merlin, where did Merlin ultimately end up at? VALENTIN: He ultimately ended up at the intersection of Highway 132 and 580. He when he hit that intersection, I started him before that intersection, and he took the ramp to 580, and was pulling hard out on to 580. And I went, I went to the, I would say I went to the point where you could, you know, you no longer had room to merge if you were a vehicle. And I stopped him at that point. D. HARRIS: Why you did you stop him? VALENTIN: Because my backup team was having a lot of problems controlling traffic on the freeway for me. D. HARRIS: Did you debrief the detectives, or talk to the detectives about this type of trail, or what it meant to you? VALENTIN: Yes. Yes. When I went back to debrief that evening, I talked with the detectives and told them that, based on what the dog did, that her scent ran along 132, and went on to Highway 580. D. HARRIS: When you are saying who "her", who are you referring to? VALENTIN: I'm sorry? D. HARRIS: You said "her scent". VALENTIN: Laci Peterson's scent. The scent of the person whose sunglasses they were. D. HARRIS: Was this on foot or in a vehicle? VALENTIN: In a vehicle. D. HARRIS: People have no further questions at this time.
Cross Examination by Pat Harris P. HARRIS: You mentioned the first search that, from 523 Covena, the only search from 523 Covena ended on Santa Rosa; is that correct? VALENTIN: I ended his trail. I'm not sure about this section of the trail, because I don't know how Gallo fit into this. P. HARRIS: Okay. He, basically you say you ended, it ended at a spot on Santa Rosa Avenue, correct? VALENTIN: I ended it, yes. P. HARRIS: The spot it ended was the Gallo winery; is that correct? VALENTIN: That's correct. P. HARRIS: In fact, what happened was the dog came up to the Gallo gates and you asked permission to go inside the gates, correct? VALENTIN: Yes. P. HARRIS: This wasn't any, you pulled harness, anything you actually asked permission if you could go inside the Gallo gates? VALENTIN: Yes, that's correct. P. HARRIS: And the trail ended, correct? VALENTIN: I, P. HARRIS: That's where the search ended. JUDGE: You have to answer audibly. VALENTIN: I ended the trail at Gallo. P. HARRIS: Okay. You ended the trail at Gallo. And at that point you came back and debriefed them on what had happened? VALENTIN: Yes. P. HARRIS: When you debriefed them, you told them there was nothing there? Search had ended at the Gallo Winery, correct? VALENTIN: I told them that we stopped the trail, yes, at Gallo Winery. We certainly could have gone on in and done other things to figure out where the trail went. P. HARRIS: You could have done other things? VALENTIN: We do not, P. HARRIS: You could have done other things, correct? VALENTIN: That's correct. P. HARRIS: Did the dog just want to have a glass of wine and stop the search? D. HARRIS: Objection. Argumentative. JUDGE: Sustained. P. HARRIS: You could have done other things at that point? VALENTIN: Yes, we could have checked for in‑and‑out trail. We could have gone back up to Yosemite and checked to see if there was scent that continued there. We could have gone back to other intersections and saw if there were, P. HARRIS: You chose not to do that, even though there was a young pregnant woman missing, and it was believed she had been taken somewhere possibly in that neighborhood? VALENTIN: That's correct, because we are part of the search effort. P. HARRIS: At the very beginning when you came to Covena, you said you walked back into the back bedroom with rubber gloves and found some items. That's what you recall? VALENTIN: When I got to the 523 Covena, I went into the house, down the hallway to the bedroom on the left. I had Ziploc bags and gloves with me to collect the scent articles, yes. P. HARRIS: Did you introduce yourself to Scott Peterson? VALENTIN: I don't recall. P. HARRIS: You don't recall meeting Mr. Peterson? VALENTIN: I don't recall. There were many people there. P. HARRIS: Do you recall at some point after you had finished collecting the items that you sat in on an interview with Scott Peterson? VALENTIN: Yes, I do. P. HARRIS: Do you recall that is it Detective Boyle or Lieutenant Boyle? VALENTIN: I don't know who Lieutenant Boyle is. P. HARRIS: See if I have the name. Boyer. I'm sorry. Do you recall that he was Lieutenant Boyer? VALENTIN: It was Captain Boyer. P. HARRIS: Captain Boyer? VALENTIN: Reserve Captain Boyer. P. HARRIS: Do you recall that Captain Boyer was interviewing Mr. Peterson, and you sat in on the interview? VALENTIN: I stood as he was interviewing, yes. P. HARRIS: Mr. Peterson was extremely cooperative in answering all questions, was he not? VALENTIN: I don't have an opinion on that, as to whether he was cooperative or not. P. HARRIS: You don't have a opinion on whether or not he answered the questions? VALENTIN: He answered questions, yes. P. HARRIS: Okay. When you asked questions about, or when there were issues about trying to find items, Mr. Peterson was extremely cooperative in finding those items and helping out, wasn't he? VALENTIN: I don't think Mr. Peterson was with me in the bedroom when I was collecting articles. I don't recall him being there, I should say. P. HARRIS: He identified the articles, correct? VALENTIN: After I collected them and walked out, he stayed in his chair at the table and asked about, well, he stated that the brown slipper was his, twice. And I asked if the other things were Laci's, and he said yes. P. HARRIS: Did he at any point object to anything going on? VALENTIN: He had a, he had a, his tone was objectionable, that I had a slipper that belonged to him. P. HARRIS: He objected to the fact that, an objectionable tone? VALENTIN: That's incorrect. P. HARRIS: Okay. Tell us about it then. VALENTIN: His tone was such that he was objecting to the fact that I had a slipper that belonged to him. P. HARRIS: Were the words he was using objectionable? VALENTIN: No. It was the tone. P. HARRIS: Can you describe the tone to me that was so objectionable about the brown slipper? VALENTIN: I don't think I could imitate Mr. Peterson's tone. P. HARRIS: Okay. Just seemed like he didn't want to give it up? VALENTIN: He seemed concerned that I had it, not that he didn't want to give it up. P. HARRIS: Okay. Did he mention to you the police officers had taken stuff from his house previously without permission and not returned them? D. HARRIS: Objection. Relevance. JUDGE: Overruled. VALENTIN: I'm sorry, the question? P. HARRIS: Did he mention to you that previously when police officers had come and searched his house, they had taken away items of, personal items of his and not returned them, and not even told him they had taken them? Did he mention that to you? VALENTIN: No, he did not mention anything about that. My, in going in, my interpretation was, is that I'm looking for his lost wife, so it threw me. His tone threw me, P. HARRIS: That answered the question. Thank you. JUDGE: Let me decide that. Was your answer complete? VALENTIN: No, your Honor. JUDGE: Read back her answer. (RECORD READ BY THE REPORTER) JUDGE: His tone threw me? VALENTIN: His tone of voice threw me. It wasn't a tone that seemed like he wanted to do everything to find Laci. His tone was, "That's mine." It was, it threw me, because, JUDGE: Do you want to object to that answer? Because it's calling for an opinion and conclusion, speculation. Do you want it to stand? P. HARRIS: Ask to strike. JUDGE: Answer will be stricken. Calls for opinion and conclusion and speculation. P. HARRIS: Concern that he had about the brown slippers, Ms. Valentin, is that you had the right item, wasn't it? D. HARRIS: Objection. Calls for speculation. JUDGE: The right item. P. HARRIS: The right item to search, the best possible item to search for his wife, correct? VALENTIN: Ask the question again. P. HARRIS: The concern he showed, the tone he showed was because he was looking to make sure that you had the best possible item to find his wife. D. HARRIS: My objection is that calls for speculation. JUDGE: Sustained. P. HARRIS: You had a slipper of his? VALENTIN: Un‑hun. P. HARRIS: Okay. And he had identified as a slipper of his? VALENTIN: Un‑hun. P. HARRIS: Okay. And you were telling Mr. Peterson, as well as everyone else there at the house, that you were using items to sniff for Miss Peterson, correct? VALENTIN: I don't think I made those statements, no. I think someone else explained those things to Mr. Peterson, not myself. P. HARRIS: So there would be concern that there was items being picked up that wasn't, in fact, Mrs. Peterson's, that you had the wrong item? VALENTIN: It's important that the items that I, or the item that I'm using in the search is being used for the proper person, yes. P. HARRIS: And that was the concern he had, to make sure you had the correct item. D. HARRIS: Objection. Same objection. JUDGE: Sustained. P. HARRIS: The very first search at Covena, you filed a report on that search, two page report, correct? VALENTIN: I think it was more than two pages; but, yes. P. HARRIS: Do you want to refresh your recollection real quick? VALENTIN: There is maps with it, I believe. P. HARRIS: Okay. So in addition to the actual report, you had maps attached, VALENTIN: Yes. P. HARRIS:,as well. JUDGE: I'm a little confused. Is that a report that she authored, or the police authored? P. HARRIS: That is report she authored. JUDGE: Do you want that marked, or, P. HARRIS: No, not yet. JUDGE: All right. And do you have that in front of you? VALENTIN: Yes. P. HARRIS: In this report did, anywhere that you can see you list anything about climate conditions that day? VALENTIN: I don't believe so, no. P. HARRIS: Did you list anything about the wind conditions? VALENTIN: No. P. HARRIS: Did you list anything about whether it was raining or not raining? VALENTIN: No. P. HARRIS: Did you list anything at all about the barometric pressure? VALENTIN: No. P. HARRIS: Did you list anything to do with the humidity? VALENTIN: No. P. HARRIS: Amount of sunlight? VALENTIN: No. P. HARRIS: When you do a training run with Merlin for training purposes, you have a form that you fill out listing all those things, correct? VALENTIN: No. P. HARRIS: Or listing most of those things? VALENTIN: I have a form that I fill out occasionally. P. HARRIS: Occasionally. Because it's important. Those things influence, correct? VALENTIN: They have, the weather conditions influence, can influence the trail as it ages. It also can influence the dog as it's running the trail. P. HARRIS: More than the weather conditions, there is a number of factors that influence the dogs ability to track; isn't that correct? VALENTIN: True. P. HARRIS: Huge number of factors, as a matter of fact; isn't that correct? VALENTIN: I don't know if it's a huge number of factors; but there are factors, yes. P. HARRIS: Let's go through a few. The wind can have an effect, correct? VALENTIN: Yes. P. HARRIS: Pavement, grass, that has an effect? VALENTIN: Yes. P. HARRIS: Humidity has a dramatic effect? VALENTIN: Humidity is an effect, yes. P. HARRIS: For example, in places that are very, very humid, south for example, bloodhounds perform much better than they do in a place like California. VALENTIN: I wouldn't know about that. I have never trailed a dog in the south. P. HARRIS: But you have learned from experience, from your vast knowledge and in terms of reading, and so forth, certainly high humidity area traces better than in a low humidity area; isn't that correct? VALENTIN: There is other factors that are, P. HARRIS: I didn't ask you other factors. I'm asking if that factor plays, JUDGE: Just that factor alone. VALENTIN: Ask it again. JUDGE: Let me ask you. Has it been your experience by your training and experience that high humidity makes it more conducive for a dog to track? VALENTIN: Yes, it does. P. HARRIS: Thank you. The sunlight plays a dramatic effect? VALENTIN: Sunlight plays an effect, yes. P. HARRIS: In fact sunlight plays an effect in something called "burn off", that, over time, sunlight actually burns off a scent; is that correct? VALENTIN: It can, yes. Depending on other factors. P. HARRIS: Sure. And other, what, there are, there are a lot of, numbers of people give off scents that can have an effect on the dog's ability to track? VALENTIN: Yes. P. HARRIS: Rain has an effect? VALENTIN: Yes. P. HARRIS: Distractions has effect on the dogs ability to track, dog can get easily distracted? VALENTIN: Yes. P. HARRIS: Obstacles, physical obstacles can cause a problem the dog's ability to track, correct? VALENTIN: Yes. P. HARRIS: Harness length plays a role as well, in terms of the dog's ability to track, how the harness length, the harness is used, correct? JUDGE: Maybe you ought to have her, VALENTIN: I can't answer your question. JUDGE: Why don't you tell us what a harness link is so it's in the record. VALENTIN: I don't know what harness link is. P. HARRIS: The length of the harness. JUDGE: I beg your pardon. You said harness length. Okay. I was wondering. The harness length, does that have something to do with the, VALENTIN: It's long enough to go around his chest and his stomach. P. HARRIS: The length actually determines, there can be, it can be a factor sometimes. It can be actually be too short, sometimes it's too long, depending on circumstances? VALENTIN: Are you asking about the fit of the harness? P. HARRIS: Yes. The length of the harness plays a role, and fit? VALENTIN: Okay. JUDGE: Do you understand the question? Is it, just call it a leash. Is a short leash better than a long leash? VALENTIN: A harness is not a leash. JUDGE: Okay. I'm just going to use that phrase for illustrative purposes. VALENTIN: All right. JUDGE: Harness goes around the dog, right? VALENTIN: Yes. JUDGE: Okay. And how, when you are holding onto the harness, VALENTIN: You hold onto the lead. JUDGE: To the lead. Okay. Does the length of the lead have anything to do with the abilityof the dog to track or trail? VALENTIN: The length of the lead doesn't have anything to do with the dog's ability to do it, other than the length of it preventing an accident, getting run over by a car. JUDGE: It's more a security for the dog? VALENTIN: Typically the length of the lead in a wilderness situation, where there are, there isn't a lot of traffic, might be upwards of 30 feet. JUDGE: 30 feet? VALENTIN: 30 feet. And I tend to work in both wilderness and in the urban areas on a fifteen foot lead. And I shorten that up as, you know, safety issues occur. JUDGE: Okay. P. HARRIS: So the length actually does, you go back and forth in terms of the length of the harness what is appropriate to what area? JUDGE: And to what the circumstances are, you change the length of the harness? VALENTIN: No. I change the length of the lead. P. HARRIS: Of the lead. Let me rephrase it then. VALENTIN: Okay. P. HARRIS: As far as a handler, let's see, someone else that you have witnessed, you have witnessed people who, as handlers, didn't understand how much lead to give the dog. That was a problem, correct? VALENTIN: Can you state that again? P. HARRIS: When you are training a dog, when you are training, helping somebody learn how to train a dog, they give the incorrect amount of lead to the dog, it's a problem. The dog isn't going to respond correctly? VALENTIN: It depends on how the dog is trained, what methods the dog, were used to train the dog. What the objectives were from those methods. And it also depends on where the dog is in the training. P. HARRIS: It can be a problem though, correct? VALENTIN: Sure. P. HARRIS: It can cause problems just like all these other things, all the other factors that I have mentioned, they can all cause problems? VALENTIN: Yes <missing text> P. HARRIS: One of those factors that's been termed is sometimes the dog, like a human, just isn't in the mood. Sometimes the dog just wants to go home, lay on the couch, eat some Milk Bones, watch Lassie reruns. Whatever it be, the dog is not in a good mood. That can be a factor can't it? VALENTIN: Maybe in some dogs. P. HARRIS: In some dogs? VALENTIN: Maybe. P. HARRIS: Not yours? VALENTIN: I didn't say that. <missing text> <recess> JUDGE: I want to make something clear on the record. I don't want to confuse counsel. This morning earlier I said that, her, her testimony would go to its weight, not its admissibility. I'm not saying that I'm going to admit this evidence that I'm hearing now. I haven't ruled on that yet. So you all understand, I haven't ruled on the admissibility of the dog tracking evidence. I am satisfied as to this witness's qualifications, and I'm satisfied as far as the dog goes, but I'm not saying that this evidence is going to come in because of all these cases that you, both sides are aware of. I just want you to know that so we're on the same, same wavelength here. Okay? P. HARRIS: Okay. Thank you. Ms. Valentin, we left off we were talking about the very first search. I want to go to the first search of Covena. In your report you state that you received a phone call at approximately 1:00 o'clock p.m. on December 26th. From a Lieutenant Slaviero: Is that correct? Sound familiar? VALENTIN: Lieutenant Slaviero. P. HARRIS: Slaviero. What did he tell you in that phone conversation? D. HARRIS: Objection. Relevance. JUDGE: Well, it may go to explain her subsequent conduct. Overruled. P. HARRIS: What did he tell you in the phone conversation, well, what did he tell you in the phone conversation? VALENTIN: I don't remember the exact words, but it was on the effect of there was a missing woman from Modesto who was pregnant, and he could not, he was not able to get in contact at the moment with the team captain, so he asked me to pull together a response for, for the search. P. HARRIS: Okay. Were you familiar with the case from anything? Seen newspapers or anything before you received the phone call? Were you familiar with this case at all? VALENTIN: Before I received a call, P. HARRIS: Before you received the phone call, yes? VALENTIN: From Lieutenant Slaviero. P. HARRIS: Yes. VALENTIN: No. I knew nothing of the case. P. HARRIS: Okay. When you arrived at the house at 3:00 o'clock, who was present at that point? VALENTIN: At the command post Chris Boyer, Thomas Brightbill, Eloise Anderson. That's all I can think of from our team. P. HARRIS: Were there officers present from the Modesto Police Department? VALENTIN: Yes. P. HARRIS: Do you recall their names? VALENTIN: No. P. HARRIS: Do you recall a Detective Al Brocchini being there? VALENTIN: Yes. Although Detective Al Brocchini, I can't tell you that I could identify him as who he was until after he ran a trail with me. P. HARRIS: Did you speak with Mr., with Detective Brocchini when you arrived, at all? VALENTIN: I don't know because I don't know who I talked to. I didn't know him by name, so I couldn't tell you that. P. HARRIS: Well, looking back after, you did, obviously, become very, VALENTIN: Right. P. HARRIS:,familiar with him, had you had a conversation with him earlier? VALENTIN: When I went back to debrief the trail, Detective Brocchini was there, and that's where I became familiar with his face and his name. P. HARRIS: I understand when you became familiar with him. What I'm asking you is after you became familiar with him, do you remember that you had a previous conversation with him earlier that day? VALENTIN: I don't remember that, no. P. HARRIS: When you arrived at the command post at approximately 3:00 o'clock, what you were told that you were to do? VALENTIN: That I was to, that we were looking for Laci. They told me, you know, who she was. Just, you know, characteristics about her. And that they wanted to, to have me go to her house, which was the place that they identified that she was last known to have been, and collect a scent article, to be able to run my dog from that last known place. P. HARRIS: At that point had anyone told you to collect an article, collect an article belonging to Scott Peterson as well? VALENTIN: No. P. HARRIS: So you were told strictly that you were to get only articles having to do with Laci Peterson? VALENTIN: I wasn't told either way. I was told to collect scent articles. P. HARRIS: You weren't given an idea whether to collect scent articles for either Laci or Scott? You were just told to go into the house and collect scent articles? VALENTIN: Yeah, because I was being asked to look for Laci Peterson. P. HARRIS: Well, then you were told to get scent articles for Laci Peterson, correct? D. HARRIS: Objection. Asked and answered. JUDGE: I don't think so. Were you told specifically to get some articles of clothing that belonged to Ms. Peterson so you could scent the dog? Were you told that? Or did you just go in there and just, VALENTIN: I made the assumption that that's what they would like to have me do because that's who I'm looking for. JUDGE: That's Why you were there. VALENTIN: That's correct. P. HARRIS: Well, did you also make the assumption that you were to get something from Scott Peterson? VALENTIN: No. P. HARRIS: That belonged to Scott Peterson? VALENTIN: No. P. HARRIS: You just did that on your own? VALENTIN: He verified that that was him, and I did not use it. P. HARRIS: Okay. You picked up Mr. Peterson's brown slipper, correct? VALENTIN: Two slippers. P. HARRIS: Is that the first article you picked up? VALENTIN: No. I believe the first article I picked up was the pink slipper. Then the brown slipper. Then the glasses, then the hairbrush. P. HARRIS: Okay. VALENTIN: And I was collecting many articles because sometimes you run more than one dog in the search. P. HARRIS: Uh‑huh. Did you, you wore rubber gloves while you were doing this? VALENTIN: Yes. P. HARRIS: Okay. And when you first picked up the pink slipper, you were wearing the rubber gloves? VALENTIN: Uh‑huh. P. HARRIS: Did you change the rubber gloves before you picked up the brown slipper? VALENTIN: I don't recall. P. HARRIS: You don't recall? VALENTIN: I don't recall if I did or not. P. HARRIS: Okay. In your procedure you've obviously used rubber gloves before? VALENTIN: Yeah. P. HARRIS: And you're aware that rubber gloves obviously are something that odors pick up on very quickly? VALENTIN: Yes. P. HARRIS: So if you were picking up a brown slipper belonging to Scott Peterson, you would definitely want to change rubber gloves beforehand? VALENTIN: Yes. If I knew that I was collecting something from Scott Peterson, I would have wanted to change gloves, yes. P. HARRIS: And you didn't do that, did you? Because you didn't know it was an article belonging to Scott Peterson, did you? VALENTIN: That's correct. P. HARRIS: So you didn't change gloves, did you? VALENTIN: No. P. HARRIS: And when you went and picked up the sunglasses, you didn't change the gloves there either because you had no way of knowing that you picked up something belonging to Scott Peterson, did you? VALENTIN: No. And I can't tell you I didn't change gloves. I wasn't keeping track of changing gloves or not changing gloves. P. HARRIS: Well, it's certainly your belief that there was no reason to change gloves because you were picking up only articles you believed belonged to Laci Peterson? VALENTIN: That's, P. HARRIS: So there would have been ‑‑ VALENTIN:,logical, yes, P. HARRIS:,no reason for you to ‑‑ VALENTIN: That's logical. P. HARRIS: Were you, at any time that you were in the house, were you told by anyone get an article belonging to Scott Peterson? VALENTIN: Absolutely not. P. HARRIS: Were you told while you were there at the house we believe Scott Peterson is in some way involved in this and we want to see what we can do about tracking on him? VALENTIN: Nope. P. HARRIS: You were told strictly that this was a totally, only had to do with Laci Peterson, a search for a missing woman? VALENTIN: Yes. P. HARRIS: And this was a normal what you, VALENTIN: Just a normal search and rescue mission. P. HARRIS: When you left the premises, did you leave with the brown slipper? VALENTIN: Yes. After Scott identified that the brown slipper was his, they were going to continue on with some other things, and I skirted out because I wanted to, you know, get things organized with the dog. P. HARRIS: They were going to continue on with some other things. "They" being? VALENTIN: I guess continuing to, to finish up with, with Scott. P. HARRIS: But there would be no reason for you to take the brown slipper because you weren't looking to go after anything with Scott Peterson? VALENTIN: No, I wasn't looking to go after, P. HARRIS: So the obviously logical thing to do would be to leave the brown slipper at the house? VALENTIN: Certainly. I certainly could have. P. HARRIS: But you didn't do that? VALENTIN: No, I didn't. P. HARRIS: You testified earlier that when you went outside in the yard with the, it was the sunglass case you actually had; is that correct? You had an entire case, not just the sunglasses? VALENTIN: It was a case containing sunglasses, yes. P. HARRIS: And you took the case out into the yard, correct? VALENTIN: I took it out into the yard? P. HARRIS: Yes. Outside the house. You took the sunglass case? VALENTIN: Yes, I took, P. HARRIS: The entire case with the sunglasses? VALENTIN: I took the entire sunglass case with the sunglasses and placed it in my vehicle while I was getting the dog ready to work. JUDGE: Mr. Harris, let her finish the question because you guys are stepping on each other. You're asking the question before she finishes her answer. P. HARRIS: Yes, your Honor. JUDGE: Okay. P. HARRIS: And if I'm correct, you testified earlier that when you first presented the sunglasses to Merlin, that Merlin immediately picked up a scent? VALENTIN: He immediately headed north on Covena. P. HARRIS: Let me rephrase the question. You testified that when you picked up the sunglasses and presented them to Merlin, he picked up a scent on the sunglasses, he indicated something on the sunglasses. My question is ‑‑ VALENTIN: Oh, P. HARRIS:,what would he do to indicate he picked up something on the sunglasses? VALENTIN: Well, when I present him with the scent, I open the bag and he takes a sniff, and I make an assumption that he, you know, has taken the odor of what's on the sunglasses. P. HARRIS: You make an assumption that he has picked up an odor, but you don't know whether he has or not? VALENTIN: I believe he did based on his actions. P. HARRIS: Okay. Is it fair to assume that he could have also not picked up a scent? That he smelled something else, there was something else that interested him? VALENTIN: He could have, he could have taken the scent off of the sunglasses and circled around and not picked up a trail, and ‑‑ P. HARRIS: He could have also, if I'm, excuse me, he could have also smelled the sunglasses, not picked up a scent, but been distracted by another smell? Because basically with trail dogs that happens fairly frequently; they pick up other smells and are distracted by them, correct? VALENTIN: They can definitely get, P. HARRIS: There's no way of knowing he picked up any kind of scent from that pair of sunglasses? VALENTIN: I, I have to make an assumption based on my training and experience that he picked up the scent from the sunglasses, found that scent in the air, and followed it. P. HARRIS: Okay. And your assumption is based on the idea that he took off running down north on, on Covena; is that correct? VALENTIN: Yes. Based on his training and experience, that's what he does when he picks up the trail. P. HARRIS: And based on your experience, you saw that he was following, well, let me just ask this question. The way he ran out into the road indicated to you that perhaps he had picked up a scent in the middle of the road and that a car was involved, a vehicle was involved, correct? VALENTIN: Generally, yes. P. HARRIS: Okay. Generally? VALENTIN: Yes. P. HARRIS: Doesn't always mean that, does it? VALENTIN: You can tell when they're getting distracted. You know, you can tell when they turn and look at something and then they go back to task. P. HARRIS: Well, it doesn't necessarily mean because they go to the middle of the street, though, that they're following a vehicle, does it? VALENTIN: It depends on what their body language looks like. P. HARRIS: Well, because, for example, we all know that the human scent, with wind conditions, it can be moved? VALENTIN: Uh‑huh. P. HARRIS: Correct? So if somebody is walking, taking a walk with their dog, for example? VALENTIN: Uh‑huh. P. HARRIS: The scent could easily, when the wind shifts, move over a few feet? That's very possible, isn't it? VALENTIN: Yes, that's, P. HARRIS: Happens all the time ‑‑ VALENTIN: possible. P. HARRIS: doesn't it? JUDGE: Mr. Harris, you're jumping on her answers again. P. HARRIS: Sorry. VALENTIN: Yes. P. HARRIS: Okay. So it's very possible that, in fact, what the dog was picking up was, in fact, not a vehicle but could have been something that was just walking along the side of the road? Cindee Valentin I didn't scent him on the smell of the vehicle. I scented him on Laci. So if he picks up the scent of a vehicle, that's background. He's following the scent of Laci, not the scent of a vehicle. P. HARRIS: But your indication to Mr. Harris was that the reason you felt like there was a vehicle involved is because he went to the middle of the street, correct? VALENTIN: My, I believe that it was a vehicle trail because he tended to travel in the middle of the street, and he tended to check the Botts Dotts. P. HARRIS: And that tendency to go down the middle of the street ended rather abruptly when he ran into the back yard on Highland, didn't it? VALENTIN: Yes. P. HARRIS: And just from your common sense, you didn't see tire tracks going into the back yard of Highland, did you? VALENTIN: No, I didn't. P. HARRIS: So, in essence, the dog went to the middle of the street for a brief time, then ran into the back yard in Highland, and based on that you came to the conclusion that he must have been following something that went off in a car? VALENTIN: My, my observation that he was following a vehicle, a trail left by a person in a vehicle was based on the totality of how he ran the search, not every footstep of how he ran the search. P. HARRIS: So essentially, then, every footstep doesn't necessarily matter when a dog is tracking? VALENTIN: If you're speaking of tracking as a discipline, yes, footstep to footstep matters. If you're speaking of trailing, it's where the scent is that matters. P. HARRIS: Right. So every, he decides to run off over to Highland, run into the back yard. In your opinion that doesn't discount anything, then, does it? He was just off for another, VALENTIN: The reason, D. HARRIS: Objection. Compound and argumentative. JUDGE: Sustained. Sustained. P. HARRIS: I'll rephrase it. Based on the fact that he decided to take this little jaunt into Highland, into the back yard on Highland, doesn't change your opinion at all about the fact that it was a truck, does it? Or, excuse me, JUDGE: I don't think she ever said it was a truck. P. HARRIS: Excuse me. Vehicle. VALENTIN: Could you say that again? P. HARRIS: Based on his little jaunt off into Highland, the back yard on Highland, that doesn't affect your opinion at all about the fact that it was a vehicle that he was following? VALENTIN: No. It doesn't. He is trained, he, his foundation training was in following footstep to footstep. He, that is a way of keeping him, his nose to the grind stone and with a good work ethic, because if he is not going footstep to footstep when he's being asked, he's corrected for getting off of the track and a reasonable distance from that track. So when he is running a trail that has been left by a person walking on a sidewalk, he tends to be on that sidewalk. He doesn't check the yards for dogs and cats and those kinds of things. He is on the track. If the track isn't, you know, left footstep to footstep, there isn't contact scent, then he obviously isn't running footstep to footstep. P. HARRIS: Exactly. So what his training is isn't footstep to footstep? VALENTIN: No. P. HARRIS: That's what he basically came, let me finish the question. That's basically what he was trained in in terms of tracking; he was trained in human scent and the ability to track footstep to footstep, wasn't he? D. HARRIS: Objection. Compound. JUDGE: Well, there's two different kinds. There's the step to step and there's the dog that tracks the scent, P. HARRIS: I'll get it down there. JUDGE: right? P. HARRIS: Footstep to footstep. JUDGE: Isn't that right? There's tracking and trailing, right? VALENTIN: Right. JUDGE: Tracking is the footstep to footstep. Trailing is you follow the scent. VALENTIN: Right. JUDGE: And what was this dog trained to do? My understanding is scent. VALENTIN: He is certified in trailing. We use tracking methods with specific scent discrimination. We use those methods in his training to make sure that he could do footstep to footstep on, on a discriminant scent. As he went through his training and got better at what he was doing, and we started aging the trails and allowing environment to affect the trail, we allowed him to do trailing in certain circumstances. JUDGE: Okay. Go ahead. P. HARRIS: But what you didn't allow him to do, except on very rare occasions, is practice trailing a vehicle, correct? VALENTIN: That's correct. P. HARRIS: He, VALENTIN: He understands how to follow scent. Whether it's laid from a vehicle, a bike or a person is irrelevant. P. HARRIS: It's totally irrelevant? VALENTIN: How it was laid. P. HARRIS: In other words, what you're telling me is that the training, all the training you've done, the 300 exercises you've done, you wouldn't have needed to even throw those three vehicle trails in because that's just totally irrelevant, correct? VALENTIN: What's relevant is that I can, that I can read what he's doing. He knows how to do it. He's been trained how to do it. P. HARRIS: He knows how to do what? VALENTIN: To follow human scent that he's been given from a specific human. P. HARRIS: And there's no difference whatsoever in trailing a vehicle? Is that what you're testifying to? It's totally irrelevant his training as far as vehicles? D. HARRIS: Objection. Which question is she to answer? JUDGE: Well, no, I think you can answer that. Can, do you know his question? VALENTIN: Can you ask the question again. P. HARRIS: It's totally, based on what you're telling me is, the fact of the training of the vehicle has no relevance, correct? VALENTIN: It has, it doesn't have relevance from his perspective. It has relevance from mine. Scent is scent. No matter how it got there, scent is scent. A trailing dog is trained to follow scent. Okay? A tracking dog is trained to follow footstep to footstep. To teach them how to do it, you have to be black and white with them: The footstep is here; this is where you'll be going down the track. As he matures, we allowed more trailing to occur, allow him to be off somewhat in his work, but when, when a trail is laid from a vehicle with the window down, the scent is still coming out and being deposited in the area that the person is going. P. HARRIS: If the window's down, for example? VALENTIN: Yeah. P. HARRIS: Bottom line to what your testimony is, though, this dog, based on what his training was, and what he had been taught, that there was very little training done on vehicles, therefore, when it came down to track this vehicle, he goes off into the yard. The reason he did that is because his training taught him to go footstep to footstep and do the scent, and the vehicle training was no relevance whatsoever; isn't that correct? VALENTIN: No, that's not correct. P. HARRIS: What's wrong about that? VALENTIN: You've left out the, if you, if you move into area search, if you will, a house where someone has been, or a person, there is scent that blows from that area. It's, it's an area that has a lot of scent in it. So if the wind is blowing from that residence across another residence and he catches it when he's moving down that street, he can certainly go in and check it out and, and, and follow, follow up on it. P. HARRIS: So what you're telling me is that the human scent could possibly have come from the car, the vehicle that we're discussing; could have come from the vehicle and actually have wafted back to the back yard of Highland? VALENTIN: No. Because of the proximity of the house on Highland to the proximity of the house on Covena where she lived, there certainly could be her scent in the back yard of Highland. P. HARRIS: Well, let's talk about scent for a second then because apparently we're having disagreement over scent, perhaps. Scent, human scent, is, on every person is different; is that correct? VALENTIN: Yes. P. HARRIS: Okay. And a person gives off a human scent as long as they're alive, correct? VALENTIN: Yes. P. HARRIS: When they're dead, they give off a different scent? VALENTIN: Not immediately. P. HARRIS: Not immediately? How long before they give off, VALENTIN: I don't know for sure. P. HARRIS: Do you have an approximate? VALENTIN: No. P. HARRIS: You deal with cadaver dogs? VALENTIN: Yes. P. HARRIS: The scent that a person gives off falls sort of to the ground or goes into the air, either one, right? It can do, depending on kind of, I guess, the texture of it, it can either fall onto the ground or go into the air; that's correct? VALENTIN: That's correct. JUDGE: Can I interrupt just a second? P. HARRIS: Sure. JUDGE: With, when the dog went from the Peterson residence to, was it Highland? VALENTIN: Yes. JUDGE: You say the dog scents the freshest scent? VALENTIN: Uh‑huh. JUDGE: If it's a day old or three days old or four days old. VALENTIN: Uh‑huh. JUDGE: Is there any way you can tell that the scent that the dog is scenting is one day old, three days old, four days old? VALENTIN: No. JUDGE: So if Laci Peterson had walked down the street December the 24th, or the 23rd, you don't know if the dog is scenting that scent or a scent that happened on the 24th? VALENTIN: No. The only thing that I can tell you is that he's been trained to follow the freshest scent, and he's demonstrated that routinely. JUDGE: Okay. But you can't, you can't tell me when the freshest scent would be? VALENTIN: No. Judge Valentin: You can't tell whether it's a day old, the freshest scent is two days old, or five days? VALENTIN: I couldn't. JUDGE: Okay. P. HARRIS: Following up on that, the freshest scent, if a dog, if there is a scent that is, perhaps, one hour older than another scent, is that considered enough of a time frame ‑‑ VALENTIN: Yes. P. HARRIS: to be a fresher scent? VALENTIN: Yes. The way we see that is, in training, a track, a track is laid, you bring the dog into the track from a perpendicular direction, and the dog can age which direction within several footsteps of which direction they need to go. And it goes back to survival. If they don't follow the animal going in the right direction where the animal is going, not where it's been, they're not going to eat. P. HARRIS: So as far as fresh scent is concerned, because I want to understand this, as far as fresh scent is concerned, you could literally have, let's say, an animal, a deer, running in one direction and then a minute later coming back to that spot and running in the other direction, and even a minute later, it's going to follow the freshest scent; I mean even a short time period, doesn't, doesn't matter? VALENTIN: Natural selection is the ones that can follow ‑‑ P. HARRIS: Sure. VALENTIN: the right trail get to eat. P. HARRIS: Okay. So freshest scent literally means immediate? VALENTIN: Within, yeah. Well, I don't know that it's immediate, but it's certainly within 20 minutes. P. HARRIS: Within 20 minutes? VALENTIN: Yeah. If you lay a trail and, or you lay a track and, in the first 20 minutes, there's lots of scent around that track. If you, you wait and let the, the track clear for about 20 minutes, sometimes that's easier for the dog to run because there's not all the superficial stuff. P. HARRIS: In your training of Merlin, what is the freshest scent, rephrase that. In your training of Merlin over the time period, you've tested fresh scent? ‑‑ VALENTIN: Yes. P. HARRIS: correct? What is the shortest time frame you've tested freshest scent with Merlin? VALENTIN: Seconds. P. HARRIS: Seconds? VALENTIN: (Nods head.) P. HARRIS: So literally less than a minute? VALENTIN: Uh‑huh. P. HARRIS: And he responded to the freshest scent even within seconds? VALENTIN: Right. P. HARRIS: Okay. Going back to the human scent, when the human scent's given off, when it either goes into the air or goes into the ground, the human scent that goes into the air is subject, obviously, to atmospheric conditions, correct? VALENTIN: Yes. P. HARRIS: Wind, things like that control it. So when a dog is doing a trailing, the dog doesn't necessarily follow an exact line; is that correct? VALENTIN: That's correct. Based on the age and environmental effects on the trail. P. HARRIS: Okay. In fact, based on a number of factors? VALENTIN: Yeah, you're right. P. HARRIS: Including climate. There, excuse me, there is one other major factor that's involved, and that's time. Time place a huge factor, does it not? VALENTIN: Yes. P. HARRIS: Okay. So, for example, there's a major, major difference between getting a dog over an hour after somebody's disappeared and getting a dog over two days later? VALENTIN: No. That's within a reasonable range. It's not that, P. HARRIS: There's no difference whatsoever between one hour and two days? VALENTIN: The dog can do it at one hour or two days, depending, P. HARRIS: Didn't ask if the dog could do it. VALENTIN: Okay. P. HARRIS: What I asked is is there a difference between one hour after the person disappears or two days? JUDGE: What kind of difference? Other than the passage of time. P. HARRIS: The scent is much, much greater one hour than after two days, is it not? VALENTIN: Yeah. I would assume, yes. P. HARRIS: And the dog has a much easier time doing it one hour, excuse me, one hour as opposed to two days later? VALENTIN: I don't know that I'd make that generalization. P. HARRIS: Really? So, for example, the human scent, VALENTIN: Since, P. HARRIS: Excuse me. For example, the human scent is in the air and the wind's 25 miles, gusting for that night; that doesn't bother you, concern you at all as far as the dog's ability to come back two days later and pick up that scent? VALENTIN: That would concern me, yeah. The, the high winds. Certainly working the dog in the high winds would, would concern me. It wouldn't concern me as much to work it after the high winds, because you either get a trail or you don't. P. HARRIS: Well, that's certainly, the wind is certainly not the only thing that affects it either, is it? VALENTIN: Right. P. HARRIS: In fact, we talked a little bit earlier about sunlight? VALENTIN: Yeah. P. HARRIS: Sunlight and the whole burn‑off effect; the fact that if sunlight comes in, the entire effect, including the ground, can literally burn off in a day, correct? VALENTIN: Yes. It can. P. HARRIS: Rain also plays a huge effect, because rain can literally wipe the human scent out of the air, can it not? VALENTIN: It can certainly wipe it out of, off of what's on the ground, and obviously in the air, too. P. HARRIS: And it can play a very, excuse me, a heavy rain, for example, can play havoc with a dog as far as human scent, if the dog doesn't come back? VALENTIN: It can, however, one of his sign offs that he ran blind it rained very, very hard in the, the hours after the trail had been laid, and he ran it successfully. P. HARRIS: So he's done it before? VALENTIN: Right. P. HARRIS: He's also failed it before, hasn't he? Based on your writings, your training? VALENTIN: Yeah, he has. P. HARRIS: He has. Now, when you talk about two days after, how about four days after? That would be even more so than the two days, more difficult to pick up a human scent four days later, isn't it? VALENTIN: Based on what conditions? P. HARRIS: Based on the normal conditions, and let's say, let's start off, for example, that it was normal 55 degrees, light winds, four days later. Through the entire four days. That would still have an effect? VALENTIN: It would have an effect on the ‑‑ P. HARRIS: Sure. VALENTIN: Yeah. P. HARRIS: And if it rained during that time period, it would have a much more dramatic effect, wouldn't it? VALENTIN: Depending on the rainfall. P. HARRIS: Okay. Heavier rain, it would obviously have a greater effect, correct? VALENTIN: Correct. P. HARRIS: The, excuse me, the other conditions that apply, as I mentioned sunlight, things like that, four days would be even worse, wouldn't it? VALENTIN: It can be, yes. P. HARRIS: Okay. VALENTIN: Depending on how hot it is. P. HARRIS: Okay. The dog came up Highland, the back yard on Highland, and headed down Santa Barbara, right? Is that correct? VALENTIN: Yes. He continued on Highland, went several yards past Santa Barbara, turned around, came back to Santa Barbara and headed south. P. HARRIS: Once he came back from there he came down Santa Barbara, went, overshot La Loma, right? Originally went past La Loma Boulevard? VALENTIN: That's incorrect. P. HARRIS: Okay. Explain to me what's correct, then. VALENTIN: He hit, he got to the intersection of La Loma, and at that point he turned southeast on La Loma. P. HARRIS: Okay. So when it says he crossed Santa Barbara, went about 30 yards further, what is the 30 yards further you're referring to? VALENTIN: 30 yards further is when he was on Highland and he hit this corner right here, he went about 35, 30 yards further, turned around and went down Santa Barbara. P. HARRIS: Got it. At La Loma he turned southeast and continued to Payday Loans on Yosemite Boulevard; is that correct? VALENTIN: Yes. P. HARRIS: He turned west on Yosemite? VALENTIN: Yes. P. HARRIS: Now, as he's turning corners, excuse me. And by the way, turning corners is another difficult thing for a trailing dog to do; is that correct? VALENTIN: Yes, it is. P. HARRIS: Has to be trained, has to be a, a, has to be a practice that's there's intensive training to learn how to do that, correct? VALENTIN: Yes. P. HARRIS: For a dog to be adept as turning corners, in fact, isn't it true that most of the literature says that many dogs don't, or most dogs don't become adept at turning corners until they're five to ten to even twelve years old, correct? VALENTIN: I'm not quite sure what the literature ‑‑ P. HARRIS: In your, VALENTIN:,never heard that. P. HARRIS:,in your expertise? VALENTIN: Never, P. HARRIS: Sound logical? VALENTIN: No. P. HARRIS: So you don't feel like the older the dog gets, the more experience the dog gets, it makes a difference in his ability to do the corners? VALENTIN: Not age alone. P. HARRIS: But it is a factor? VALENTIN: It is a factor to a point. P. HARRIS: Okay. And at this point, this dog, by the way, was four years old at the time of this, right? VALENTIN: Yes. P. HARRIS: This incident? Okay. So he wasn't five then, it was four at that time? VALENTIN: He's five now. He was four then. P. HARRIS: Okay. And he had just received his certification about six months previously? VALENTIN: That's correct. P. HARRIS: When he's going down Yosemite, is there any, is he going down the side of the road, the sidewalk? Or is he going down the middle of the road at this point? VALENTIN: On Yosemite he, he was working up against the buildings. P. HARRIS: Okay. So there was no indication of vehicle at that point, correct? VALENTIN: My thought would be that if someone walked down the sidewalk, he certainly wasn't going where a person would normally walk unless they were paranoid, because they're up against the sides of the buildings. So my assumption is when a vehicle goes and the scent blows off that vehicle, it also catches in, in things that are on the side of the street. P. HARRIS: So let me get this straight. Your testimony is that because the scent was up against the store, it's more likely it was a car than a human being? JUDGE: Well, I don't think she's saying that a car, VALENTIN: If I were a human being, JUDGE: Excuse me. I don't think she's testifying as to the car as giving off the scent, it's the person in the car that's giving off the scent. P. HARRIS: Okay, I'll rephrase the question. Your testimony is then that a person driving on a street in a car is more likely to give that scent off that would go up against a store than somebody walking nearby? VALENTIN: Both could happen. I mean, the scent could get there from somebody walking, you know, up against the wall, and it could get there coming, a person from a vehicle could, could hit the sides of that, that building and scent‑catch there. P. HARRIS: Well, they don't have to be walking up against the wall, do they? They could be walking down the sidewalk with the store a few feet away like a normal person, and by the very fact of how human scent falls, it could very well fall right there? VALENTIN: Sure. P. HARRIS: In fact, that is by far and away the most logical possibility here, correct? VALENTIN: It's a possibly. P. HARRIS: It's certainly the most logical one, correct? VALENTIN: Yeah. If he was going straight down the middle of the sidewalk, that would be logical. P. HARRIS: So there's no appearance whatsoever that there's a vehicle, there's nothing to indicate to you that there's a vehicle involved here on Yosemite? VALENTIN: There is, there are things to, to indicate that to me. Number one, we didn't shut down Yosemite and give him an option to run it any other way. P. HARRIS: But, VALENTIN: Because when he darts into traffic, I have to stop him. P. HARRIS: Okay. Let's look at a couple of things there. First of all, why did you choose not to shut down Yosemite at this point? VALENTIN: I didn't make that choice. P. HARRIS: Who did? VALENTIN: We went out with our assignment, and we were just doing our assignment. When we're running city residential streets, traffic isn't very heavy on residential streets. And so we didn't, we didn't take, you know, several cars with us to shut traffic down on the residential streets. We went from, this trail ran from residential streets out onto a busy avenue. We didn't stop and take the time to set up. P. HARRIS: Well, didn't you testify earlier that the dog was actually pulling hard at this point? VALENTIN: I testified that the dog was pulling hard at what point? P. HARRIS: On Yosemite when he was going up against ‑‑ VALENTIN: Yeah. P. HARRIS: the stores? VALENTIN: Yeah. P. HARRIS: So, VALENTIN: In parts of it, P. HARRIS: The, VALENTIN: In parts of it, yes. P. HARRIS: He had picked up the scent, or a scent, apparently at that point? VALENTIN: Yes. P. HARRIS: Okay. And given the fact that you were looking for a woman who had disappeared, and he had picked up a scent, did you think about calling in somebody and saying maybe we ought to shut this street down? VALENTIN: I don't remember if I thought about it or not. P. HARRIS: But you didn't do it? VALENTIN: No, we didn't do it. P. HARRIS: Okay. You went on down Yosemite, oh, I'm sorry. Let me go back a second. You said there were factors that caused you to believe that, on Yosemite, that it was a vehicle being trailed? VALENTIN: Yeah. P. HARRIS: In fact, you said it was because we didn't shut it down, so therefore we didn't give him the option, okay? What were other factors? VALENTIN: Yes. P. HARRIS: What were other factors? VALENTIN: The fact that, what we had run so far looked like a vehicle trail. So... P. HARRIS: The only, excuse me. Go ahead. The only point that you stated so far in testimony to either Mr. Harris's questions or my cross‑examination has been a very short stretch there on north Covena where the dog came into the middle of the street. There was no other indication from that dog that there was a vehicle, was there? VALENTIN: That's incorrect. He ran the entire trail all the way through to La Loma Avenue and had the freedom to run in the, in the middle of the street and check those Botts Dotts. P. HARRIS: And he was going back and forth between them, between the yards, and the middle of the street? VALENTIN: No. P. HARRIS: He was all over the road? VALENTIN: He didn't go into any other yards other than Highland. P. HARRIS: But he went up to them, didn't he? VALENTIN: He passed by them, but he did not take a turn and go into the yards, no. P. HARRIS: I didn't ask if he went ‑‑ VALENTIN: He moved, P. HARRIS: into the yards. He went up to the yards and was going along the yards, was he not? VALENTIN: Yes, along the yards. P. HARRIS: In fact, this was videotaped, was it not? VALENTIN: It may have been in parts because there was media everywhere. P. HARRIS: So at this point when we're down there, we're down on Yosemite, and he's pulling on his chain or pulling on, JUDGE: The lead. P. HARRIS: harness. JUDGE: The lead. P. HARRIS: Lead. Thank you. When he's pulling on that, at this point you haven't stopped traffic, so you're just letting him go on to see where he leads, right? Is that correct? VALENTIN: I need to say one thing. We did have one car with us that would shut down an intersection. We didn't have two to shut down the streets. So I just want to make that clear. P. HARRIS: Who was, sure. Thank you. Who was with you? VALENTIN: Thomas Brightbill. P. HARRIS: I'm sorry, what was the name? VALENTIN: Thomas Brightbill. P. HARRIS: And who is Mr. Brightbill? VALENTIN: He is a reserve deputy on our team. P. HARRIS: Was Mr. Boyer with you as well? VALENTIN: Yes, he was. P. HARRIS: How many other team members were there with you? VALENTIN: Eloise Anderson and Paul West. P. HARRIS: Okay. So there were five of you total ‑‑ VALENTIN: I think, P. HARRIS: on this run? VALENTIN: Yeah, I think so. P. HARRIS: Okay. And one of those, at least one of those people could shut down an intersection? VALENTIN: Right. P. HARRIS: Okay. The dog continues on down Yosemite and goes onto, is it Santa Rosa? Let me check. Santa Rosa Avenue and turns south; is that, VALENTIN: Right. P. HARRIS: Okay. First thing he does is go into a parking lot on the west side of Santa Rosa; is that correct? VALENTIN: Yes. Yes. P. HARRIS: Okay. Didn't go to the middle of the street? VALENTIN: No. P. HARRIS: Did he? VALENTIN: No. P. HARRIS: Okay. No indications whatsoever, this was an open street, by the way, right? There was no traffic here? VALENTIN: Very lightly traveled because it's a dead end. P. HARRIS: Okay. He could have very easily hit the middle of the street, if he was following a vehicle, correct? VALENTIN: That's correct. P. HARRIS: He didn't; he chose to go into a parking lot, correct? VALENTIN: Correct. P. HARRIS: Okay. After he comes out of the parking lot, he goes on down Santa Rosa for about another, what, hundred yards was it? Is that your memory? VALENTIN: We went all the way to the end of Santa Rosa Avenue where it dead ends. He was moving in and out of parking lots, not doing, you know, not going straight down the middle of the road. P. HARRIS: He was going in and out of different parking lots? VALENTIN: (Nods head). Yes. Sorry. P. HARRIS: That's fine. For example, he turned into a place called the Mid Cal parking lot? VALENTIN: Yes. P. HARRIS: That was another one he turned into? VALENTIN: Yes. P. HARRIS: At this point he, is he pulling the leash hard? VALENTIN: During, during this portion, after we turned onto Santa Rosa, I, I didn't feel that he was really strong in what he was doing. So I was not feeling that that was very solid in his work. P. HARRIS: Okay. VALENTIN: That there may not have been a trail there. P. HARRIS: And I believe you testified earlier when he reached Gallo, when you reached the Gallo winery, you did not feel like there was a hard tug there? VALENTIN: I, I, my general feeling through the whole street was that he wasn't solid on a trail. P. HARRIS: Okay. And that included when you reached the winery? VALENTIN: Yes. P. HARRIS: Okay. If you felt like that overall there wasn't a whole lot of interest from the dog, tugging, why did you ask the Gallo winery people to open up the gate so he could go in? VALENTIN: Because with search and rescue I started as an equestrian and then a ground pounder, so I have a curiosity myself to go and look there. I'm a searcher as well. And sometimes on trails I make the decision to go look somewhere. And since we got to that gate, I would feel remiss in not requesting permission to go onto the property. P. HARRIS: Do you generally like to stop at places where the dog isn't giving you much, much attention to the area? Is that a, something you just do on instinct yourself? VALENTIN: I make decisions myself, yes, to, to decide whether to look at a place closer or not. Definitely. P. HARRIS: So your decisions often override the dog? D. HARRIS: Objection. Argumentative. JUDGE: Sustained. P. HARRIS: There are occasions when you make a decision to go search somewhere that the dog has not indicated? VALENTIN: There are occasions when I allow the dog to go search some, in an area that he's not indicated to look for a trail. P. HARRIS: Okay. We talked briefly about the videotape. Any member of your team videotape this? VALENTIN: I'm not sure. Sometimes people have video cameras, sometimes they don't. I don't know for sure. P. HARRIS: As a general practice it's a very wise thing to do, to have videotapes of these runs so that way, when lawyers get up here and ask you questions, you've got a record of it, correct? D. HARRIS: Objection. Relevance. JUDGE: Well, it's argumentative. Sustained. P. HARRIS: It's a general practice in tracking and trailing to try and videotape what's going on so that there's a record; isn't that true? VALENTIN: Not to my knowledge. P. HARRIS: So it's usually in your, as far as your experience is it hasn't been done that often? VALENTIN: It hasn't been done routinely. P. HARRIS: And as far as you know in this particular case you don't know what, whether it was videotaped or not? VALENTIN: I, I know that parts of it, on 132 there is footage, but so far as this trail in here, I just don't remember if there's video or not. I would make the broad assumption that there was because there was so much media on the street in front of her house when we started. And another, another media person was on Highland Drive, I believe. P. HARRIS: Okay. By the way, one of the factors that causes a problem for a trailing dog is large numbers of people; isn't that true? VALENTIN: It can, yes. P. HARRIS: And the time you hit west Covena on December 26th, there were large numbers of people, media specifically, and I'm sure others, there were large numbers of people on those streets; isn't that true? VALENTIN: In front of her house there was, there was a large number. Fifteen, I would guess. And I had asked Thomas Brightbill to go up and ask them to move so that we would have an open area to be able to see if he was going to pick up a trail. P. HARRIS: While you were there, you certainly saw a large contingent of people walking up and down the street, both media and just people wanting to help? VALENTIN: Actually, P. HARRIS: And look? VALENTIN: actually, when I'm handling him, I'm pretty tunnel‑vision on what he's doing. I noticed, I happened to notice the one on Highland because it was pitch dark outside and a camera flash went right off, went off right in my face, and I had no clue that anybody was even there. P. HARRIS: When you came back to the debriefing with, now, this is when you recall the first time meeting Detective Brocchini, when you came back to the debriefing? VALENTIN: Yes. P. HARRIS: When you came back to the debriefing, you told him basically that it was a failure; didn't work, correct? VALENTIN: I don't recall saying that to him, no. P. HARRIS: Well, it was a failure, correct? VALENTIN: Define "failure." I... P. HARRIS: Ms. Valentin, the dog showed up at a winery. It was a failure, correct? VALENTIN: No, it was not a failure. When you look, P. HARRIS: Were you searching, JUDGE: Wait, wait, Mr. Harris you didn't let her finish her answer. Go ahead, finish your answer. VALENTIN: When you look at the totality of what we were out there to do, which is to pick up her, her scent and see if we can figure out where she went, that's only a piece in a very large process. When that trail is laid, there are a number of things that, that search management can do, with the information on the trail that we laid to follow‑up further in their interviews of, of people who may have seen her. So, no, it's not a failure. P. HARRIS: So, basically, under your definition, the fact that the dog went anywhere, no matter where it was, it was essentially a successful run? VALENTIN: I don't know that I can call it, I don't know that I can call it a success because it is a blind trail that I have no way of ever verifying. P. HARRIS: So there's no such thing, VALENTIN: And there was not a person at the end of it. I'm sorry. P. HARRIS: That's okay. Under that definition, then, there's no such thing as a dog having a failure because eventually it could all lead to something; we just don't know, right? VALENTIN: A dog can have a failure if, if they take a trail and it isn't the trail of the person that they were following, that would be considered a failure. P. HARRIS: Okay. The second search that day, how did you, well, when you reported back to the debriefing, how were you instructed that you were to continue your duties that day? Who talked to you? VALENTIN: Sergeant Cloward, Sergeant Cloward and Detective Allen Brocchini. P. HARRIS: And what did they request of you? VALENTIN: When I when back I told Sergeant Cloward, I don't recall if Brocchini was sitting there at the time, but I spoke with Sergeant Cloward and told him where we went and what the dog did on the trail. And that my thought was that this was a vehicle trail and not a foot trail. They had been searching a park area very close by, so I felt that that information was important. P. HARRIS: Did they ever ask you to search the park? VALENTIN: No. P. HARRIS: Instead, Detective Brocchini asked you to go to see if you could find Scott Peterson's warehouse, didn't he? VALENTIN: Right. P. HARRIS: In fact, Detective Brocchini at that point told you that Scott Peterson was the person they suspected of, VALENTIN: He didn't. P. HARRIS: taking Laci Peterson, didn't he? VALENTIN: He didn't say that in so many words, but I figured that out. P. HARRIS: He made it very evident, didn't he? VALENTIN: I would say that, that just the discussion in the room among the people that were in the room made it evident to me. P. HARRIS: What discussion, VALENTIN: I don't know that that was, you know, Brocchini. P. HARRIS: What discussion, VALENTIN: Just the general talking about wanting to take me out to the warehouse and, and all that. P. HARRIS: Okay. VALENTIN: It was at that point I realized that, that, you know...they were investigating things much more than, than I was out there to do. P. HARRIS: It was at that point that what you realized was that they were looking at Scott Peterson and not to find Laci Peterson, correct? D. HARRIS: Objection. Relevance. JUDGE: Overruled. Is that the impression you got? You can answer the question; is that the impression you got? VALENTIN: Yes, that was the impression. JUDGE: Next question. P. HARRIS: If I'm reading your reports correctly, the, Detective Brocchini requested that you see if the dog could find the warehouse, and you told him don't tell me where it is; is that, VALENTIN: That's correct. P. HARRIS: Okay. The end result of this is that you end up at the corner of Kansas and Emerald. And I guess my question is was there some discussion between you and Detective Brocchini about where you should start or how far away you should start or what would be a good, I know it's a compound question, but I'm asking it, any kind of discussion about how you should determine where you should start on this? VALENTIN: I believe I asked him to take me to a place that was where we had choices of directions to go. And that, and then from there I would see if, if he could pick up a trail and make the right choices to get to the warehouse. P. HARRIS: Okay. Did Brocchini, did you at any time tell Detective Brocchini you needed to be somewhere close to the warehouse? VALENTIN: Yeah. I mean I, you know, yes. P. HARRIS: And, in fact, he ended up depositing you one block away from the warehouse; isn't that true? VALENTIN: Yeah, approximately a block. P. HARRIS: And at this point was Detective Brocchini telling you the reason he wanted you to see about the warehouse, to see the warehouse, is because he believed Laci Peterson was at the warehouse and had been at the warehouse? VALENTIN: I don't remember him putting it into those words. P. HARRIS: Was that the general impression that you got? VALENTIN: Yes. P. HARRIS: And, in fact, when the dog, Merlin, was deposited, deposited at Kansas and Emerald ‑‑ VALENTIN: Uh‑huh. P. HARRIS: the dog went in the opposite direction, didn't he? VALENTIN: Yes. P. HARRIS: In fact, the dog, VALENTIN: Directly opposite. P. HARRIS: I'm sorry; go ahead. VALENTIN: Directly opposite. P. HARRIS: Directly opposite. In fact, the dog went into a storage yard, true? VALENTIN: No, that's incorrect. P. HARRIS: Do you recall writing a report on page two: I let Merlin sniff the sunglasses and gave the command to search, JUDGE: That's too fast. The reporter has to write it down. P. HARRIS: I'm sorry. "He immediately headed south on North Emerald crossing Kansas Avenue. We stopped at a storage yard"? VALENTIN: Right. We didn't go into the storage yard. P. HARRIS: Okay. When you say you didn't go in, the dog indicated into the storage yard, correct? VALENTIN: He stopped at the storage yard and, and was going, you know, up and down the Cyclone fence at the storage yard. P. HARRIS: As if he picked up the scent in the storage yard? VALENTIN: That was a possibility, yeah. P. HARRIS: So not only did he go into the opposite direction, but he was indicating a scent in the storage yard; is that a fair statement? VALENTIN: He was, he was indicating that, that, he was going up and down the fence line. I would have wanted to put him in that yard. P. HARRIS: Okay. And the reason you didn't put him in the yard was, was it closed? VALENTIN: It was locked. P. HARRIS: Okay. And the owner was nowhere ‑‑ VALENTIN: No. P. HARRIS: to be found? So, now, for the second time, this is the second search, the purpose of the search has failed; is that true? VALENTIN: I don't know what you mean by the purpose of the search failed. P. HARRIS: The purpose of the search was to find the warehouse, wasn't it? VALENTIN: Yes. P. HARRIS: You didn't find the warehouse, did you? VALENTIN: That's correct. P. HARRIS: In fact, you found a storage yard that was in the opposite direction of the warehouse? VALENTIN: That's correct. P. HARRIS: The search failed, didn't it? VALENTIN: Yes. P. HARRIS: Okay. So you got two shots so far and both of them have been unsuccessful, with Merlin, on the 26th of December, true? VALENTIN: I don't know that I would word it that way, but I would certainly say that on both attempts on that, those two trails he did not find the subject, no. P. HARRIS: Okay. Having failed to find the warehouse with the dog, Detective Brocchini then asked you just to pick up the dog and take it to the warehouse, didn't he? VALENTIN: Yes, he did, but there was some discussion before that. P. HARRIS: What was the discussion? VALENTIN: He asked me if the dog would pick up the scent, the freshest trail that was laid, or if, if, if a trail had been laid going one way and the other way, would he pick up the direction of travel on the freshest trail going the way the latest trail was laid. I told him yes. P. HARRIS: You told him, in fact, the freshest scent, the dog would pick up the freshest scent, whichever direction it was going, correct? VALENTIN: Exactly. P. HARRIS: So at that point he asked you to go to the warehouse? VALENTIN: That's correct. P. HARRIS: And he asked you to take the dog and see what happened? VALENTIN: Right. P. HARRIS: Was there any kind of direction given to you as far as you, I assume you took the sunglasses again? VALENTIN: Yes. P. HARRIS: And used the sunglasses? VALENTIN: Yes. P. HARRIS: Was there any kind of direction as far as what it was, the purpose of this particular exercise was to be? VALENTIN: I don't remember, I really don't remember conversation of what it was supposed to be. I mean, I don't, I don't remember for sure. P. HARRIS: Well, your purpose was to find Laci Peterson? VALENTIN: That's correct. P. HARRIS: That's what you were there for? VALENTIN: That's correct. I don't know what his purpose or his investigative choices were at the moment. P. HARRIS: But you had a pretty good idea what they were? VALENTIN: I had an idea he wanted to take me to the house and see if there was a trail left by Laci leaving the warehouse. P. HARRIS: You also had the idea of what he wanted to do was find out if Scott Peterson had anything to do with this, correct? VALENTIN: Yes. P. HARRIS: And what happened on the third search? VALENTIN: On the third search Detective Brocchini pointed out the door of Scott's warehouse. I took him up to that door. It was B 1. I scented him and he headed immediately east, straight out of the warehouse to North Emerald Avenue. P. HARRIS: Okay. Where was he on North Emerald Avenue? VALENTIN: Where? P. HARRIS: Where was he actually on North Emerald Avenue? Was he in the middle, VALENTIN: When he made his corner, he made the corner on the sidewalk. P. HARRIS: And, in fact, as he went down North Emerald Avenue, he was on the sidewalk? VALENTIN: I don't recall for sure. On North Emerald, I don't remember. P. HARRIS: Do you recall him at any point jumping into the middle of the street? You would recollect that, wouldn't you? VALENTIN: I don't remember if he was in the middle of the street on North Emerald at that point. He definitely was in the middle of the street traveling along North Emerald Avenue. P. HARRIS: In your debriefing, Detective Brocchini, you never mentioned at any point the dog went into the middle of the street on North Emerald, did you? VALENTIN: I don't, I don't remember. P. HARRIS: Okay. Where did the dog go from there? VALENTIN: Continued south on North Emerald to Maze Boulevard, and at Maze we headed west. P. HARRIS: The dog at this point appeared to have picked up a scent, didn't it? VALENTIN: Yes. P. HARRIS: Okay. And the dog had appeared to pick up a scent that, in fact, was based on the sunglasses of Laci Peterson, correct? VALENTIN: That's correct. P. HARRIS: As the dog went down Maze Boulevard, it was tugging very hard, correct? VALENTIN: Yes. P. HARRIS: Detective Brocchini at that point stepped in and stopped the search, didn't he? VALENTIN: That's correct. P. HARRIS: This was December 27th? 26th, excuse me, I'm sorry. December 26th? VALENTIN: I don't remember if it had been past midnight or not, but it was definitely the night that, P. HARRIS: It was getting, I'm sorry, it was getting late at night; wasn't it? VALENTIN: Yeah. P. HARRIS: Okay. Despite the fact that there was a missing woman out there, whose scent had now been picked up by a dog in an area of town where very possibly she could be kept, Detective Brocchini made the decision not to pursue that scent, didn't he? VALENTIN: Yes. P. HARRIS: The reason he chose not to pursue that scent is because it didn't have anything to do with Scott Peterson, correct? D. HARRIS: Objection. VALENTIN: I have, JUDGE: Calls for her opinions and conclusions. She can't read Detective Brocchini's mind. P. HARRIS: Well, you sure got the impression that night he wasn't all that interested in finding Laci Peterson, didn't you? VALENTIN: Not at all. I did not get that impression at all. P. HARRIS: One second, your Honor. JUDGE: Sure. I'll tell you what, Mr. Harris. Why don't we take the afternoon recess for the reporter. Take a 15 minute recess until ten minutes to 3:00. ( Recess) February 24, 2004 Second Afternoon Session Hon. ALFRED A. DELUCCHI, Judge JUDGE: Okay. This is the case of People versus Peterson. Let the record show the defendant is present with counsel. And go ahead, Mr. Harris. P. HARRIS: Thank you, your Honor. During the search at the warehouse, Detective Brocchini was going along with you, as well as the team, was he not? VALENTIN: The team had fallen back. Detective Brocchini was right with me most of the time. P. HARRIS: Right beside you, literally? VALENTIN: Pretty close, yes. P. HARRIS: Running along too? VALENTIN: Yes, he was. P. HARRIS: Okay. And at various points where the dog was indicating, Detective Brocchini was looking at you and going, "Will you testify to that?" Correct? VALENTIN: I don't recall him saying that. P. HARRIS: Do you recall him at any point during the entire search, Detective Brocchini is stopping you, and the dog is alerting to him saying, "Will you testify to that?" VALENTIN: To start with, the dog never alerted. P. HARRIS: I'm sorry. Wrong terminology. With the dog pulling you, and going in the direction, giving you an idea that he had picked up a scent, at that point did Detective Brocchini ask you, "Will you testify to this?" VALENTIN: I don't remember him asking me that question. P. HARRIS: Okay. So you just don't have a recollection? VALENTIN: I just don't remember. P. HARRIS: When you got to the point where Brocchini shut you down where the dog was tracking the scent, did you protest that? VALENTIN: No. P. HARRIS: You wanted to quit too? VALENTIN: It was his call. P. HARRIS: But didn't you put up a fight, you didn't say, "We have got a great scent here," "We got to move," you know, "Hit it," "The iron is hot, could have a woman in danger here"? VALENTIN: I don't think I put up a fuss, no. P. HARRIS: So he made the call and that was it? On January 3rd, 2003, you received a phone call from Chris Boyer asking you to respond to the Modesto Police Department to continue the search for Laci Peterson; is that correct? VALENTIN: That's correct. P. HARRIS: And they asked you to bring Merlin back then? VALENTIN: Yes. P. HARRIS: Did they express reservations, because Merlin had not been very successful in the past, about bringing Merlin back? VALENTIN: No. P. HARRIS: Did they also ask you to bring a cadaver dog on that day? VALENTIN: Yes. P. HARRIS: And did you? VALENTIN: Yes, I did. P. HARRIS: And which cadaver dog was that? VALENTIN: Her name is Anne. P. HARRIS: You arrived at the Modesto Police Department on January 4th; is that correct? VALENTIN: That's correct. P. HARRIS: It was your understanding that this, the disappearance happened either the 23rd or 24th of December? VALENTIN: I don't recall when it became the 23rd or the 24th in my mind. I just don't remember that. P. HARRIS: Okay. But by the time you arrived at the Modesto Police Department, it was a full, at least ten days since the disappearance? VALENTIN: Yes. P. HARRIS: You state that at 10:00 a.m., I'm sorry, I'm looking at your report, of that day, you state that, "My assignment was to drop trail Highway 132 from North Carpenter Road to Interstate 580 in order to check for the presence of Laci Peterson's scent at key intersections along the route. At 10:00 a.m. I repackaged both the scent articles into two Ziploc bags using rubber gloves." When you say repackage them, where were they? VALENTIN: They were in the original packaging. I believe they were in the original packaging that they went back to Detective Brocchini. P. HARRIS: Were they in evidence room? VALENTIN: My assumption would be, yes, that they went into the evidence room. But I did not see them in an evidence room. P. HARRIS: How were they brought to you? VALENTIN: I'm sorry. I received them from Sergeant Cloward at briefing that morning. P. HARRIS: Okay. And in what condition were they when they were handed to you? Were they in a package? VALENTIN: They were in a package. P. HARRIS: Okay. VALENTIN: I believe they were the same packaging. P. HARRIS: The same packaging that you had put them in, or you had seen them put in the previous week? VALENTIN: That I had put them in. P. HARRIS: Okay. And had you taped up that package? VALENTIN: I don't remember. P. HARRIS: Okay. The two articles, scent articles you had, excuse me, there were four, correct? VALENTIN: Yes. P. HARRIS: Okay. That included the brown slipper? VALENTIN: That's correct. P. HARRIS: Scott Peterson's? VALENTIN: Yes. P. HARRIS: So despite the fact you were still not tracing Scott Peterson, you had the brown slipper? VALENTIN: That's correct. P. HARRIS: And you took that and put it into a Ziploc bag? VALENTIN: No, I did not take the slipper and repackage it. I believe I was repackaging a pink slipper and glasses. I wasn't given an assignment to drop trail for Scott Peterson. JUDGE: Let me ask you a question. When Mr. Peterson told you that the brown slipper was his slipper, did you take it anyway, or did you just leave it there at the residence? VALENTIN: I had it in my hand. I was on my way out the door. I took it anyway. JUDGE: You took it anyway? VALENTIN: Right. JUDGE: Ended up in the evidence somewhere, as far as you know? VALENTIN: Yes. JUDGE: Who did you give it to? VALENTIN: Detective Brocchini, with the other three things that night. JUDGE: You don't know what he did with it? VALENTIN: No, I don't. JUDGE: Go ahead. P. HARRIS: Following up on that, you actually do know the brown slipper was used? VALENTIN: That day, yes. P. HARRIS: That day. VALENTIN: Yes. P. HARRIS: So you were aware when you left the house that day with the brown slipper, well, let me rephrase that. At what point did you give the brown slipper to Detective Brocchini? VALENTIN: At the end of the first evening, the 26th, when we finished all three trails, I handed him all, everything that I had. P. HARRIS: Okay. And you told him that, excuse me, strike that. When you came back on January the 4th, the brown slipper was still in the package there? VALENTIN: Yes. P. HARRIS: It had not been returned to Scott Peterson? VALENTIN: It was still in what I had given him, in the Ziploc bag. P. HARRIS: In fact, it was used that very day by another tracking team, correct? VALENTIN: It was used on January 4th by another trailing team. P. HARRIS: Trailing team. Excuse me. You took, that day you took the sunglasses, and you took the pink slipper? VALENTIN: Yes. P. HARRIS: Okay. And at that point approximately 10:20, you took Merlin to Highway 132, and, I believe you testified 132. What was the intersection, Emerald? VALENTIN: Yes. And that was a mistake in my report. P. HARRIS: In the report. Okay. So the North Carpenter Road would, strike that. That didn't happen. VALENTIN: It happened, but Emerald happened before it. P. HARRIS: At that point you let Merlin sniff the sunglasses once again in order to pick up the scent? VALENTIN: Yes. P. HARRIS: Now, at this point, the sunglasses, at the very least, you were aware had not been worn by Laci Peterson for at least ten to eleven days; isn't that true? VALENTIN: That's correct. I would make that assumption, yes. P. HARRIS: Possibly because you don't know when she actually had the sunglasses on before she disappeared, possibly even days before that. VALENTIN: That's correct. P. HARRIS: But at the very least ten to eleven days? VALENTIN: That's correct. P. HARRIS: And you felt like that, despite the fact that it was at least ten to eleven days, that the dog would pick up a proper scent from those sunglasses? VALENTIN: Yes. P. HARRIS: And why? VALENTIN: Because that's what he's trained to do. P. HARRIS: And does the fact that it's that much, there is that lengthy a time period from the object to pick up a scent on? VALENTIN: I would suspect it doesn't, because it's been preserved in plastic. P. HARRIS: So an object, VALENTIN: Out of. P. HARRIS: That, let me make sure I'm clear. An object that's wrapped in plastic, the scent stays on the object? VALENTIN: It would preserve the scent for a longer period of time. P. HARRIS: Okay. So, for example, if something is wrapped around either an object of any kind, object of a human, any clothing anything like that, it's wrapped, the human scent particles don't fall away as fast, or they don't escape the plastic? D. HARRIS: Objection. Vague. JUDGE: You gave an opinion that the plastic would preserve the scent. How do you explain that? VALENTIN: It's not, my assumption is that it would be placed in a reasonable temperature setting. It wouldn't be exposed to heat, sunlight, wind, things that would break down scent on that, that could break down scent on a trail. JUDGE: Go ahead. P. HARRIS: The same would hold true if a human body was wrapped in something as well, correct? VALENTIN: What are you asking me about that? P. HARRIS: Well, if a human body was wrapped in something, the scent stays within the area, it's preserved. It doesn't, just leave it at that. VALENTIN: If a body is wrapped in a plastic, going back to my cadaver experience, plastic, if it is vacuum sealed, then it's going to take a while for the scent to get into the plastic, and then the dog to be able to pick up the scent just on what the plastic has absorbed. So in cadaver search, plastic actually can help us, because it keeps the scent, can keep the scent in place for a longer period of time. P. HARRIS: On a cadaver scent, VALENTIN: That's not to say that the scent doesn't escape from the plastic. It certainly does. P. HARRIS: It's not to say it doesn't escape, but makes it a lot more difficult, doesn't it? VALENTIN: It depends on the circumstances. How long it's been in the plastic. I can't make that blanket statement. P. HARRIS: Well, there is no question that if you are dealing with human scent particles that are trapped in an area, an enclosed area, there is no question that it makes it that much more difficult for them to spread out, for the dog to pick up the scent, true? VALENTIN: It would depend on the elements as to whether they could pick it up or not pick it up. It would depend on how sealed it is. P. HARRIS: Okay. Fair enough. It could depend on how sealed it is, at the same time the elements wouldn't play a factor, because it's wrapped up. That's the point of being wrapped up, the elements wouldn't play a factor, correct? VALENTIN: Well, depends what it's wrapped in that would help to preserve the scent. But on top of that, you have to have it in a reasonable temperature, no environmental exposures. P. HARRIS: But it helps wrap up the scent, keep it inside? VALENTIN: It's helpful. P. HARRIS: If an object is wrapped up inside something, it would be much harder for the dog to trace it if that object was being moved. Clearly? Clearly? VALENTIN: I don't think I can say that as a blanket statement. P. HARRIS: Well, if the human scent is lessened, makes it a lot harder for the dog to pick up the scent, doesn't it? VALENTIN: Depends on how long it's been in plastic. Depends on how sealed it is. If it's vacuum sealed. There is a number of factors. P. HARRIS: I'm not asking if it totally eliminates it. I'm talking about, does it make it more difficult? Clearly would make more difficult, wouldn't it? VALENTIN: It might, it might not. P. HARRIS: In videotaping, you mentioned that you had, earlier you had a recollection of a videotape of your search on January 4th. Do you recall that? VALENTIN: Yes. P. HARRIS: You do recall the videotape? VALENTIN: Yes. P. HARRIS: Have you had a chance to view the videotapes? VALENTIN: Yeah, I did see one. P. HARRIS: Is there any reason why, you are aware of, that it was not videotaped from the beginning of the end, to the conclusion? VALENTIN: Yes, because it was done from a very small camera that takes a short video. P. HARRIS: When you say a small camera, that takes, VALENTIN: Digital. P. HARRIS: Digital camera? VALENTIN: Yes. P. HARRIS: The most you can get out of a digital camera is twenty seconds at a time? VALENTIN: That's correct. P. HARRIS: Who was doing the videotaping? VALENTIN: Chris Boyer. P. HARRIS: And where was he present when this was going on? VALENTIN: He was running with me. P. HARRIS: Okay. So he was running alongside you every twenty seconds snapping the, VALENTIN: No. He has a camera that, I'm not very good at cameras. But he has a camera that he can get to shoot a very short video. It's not click, click, click, that he's pushing the button. It runs. It will film a very short video. P. HARRIS: Okay. And from your, just your recollection, you said you haven't seen all the videotapes. From your recollection, did he videotape it from the beginning of the search? Did he go all the way to the end of it? Did he stop at some point? Do you have a recollection of that? VALENTIN: No, he didn't video the whole thing. P. HARRIS: Do you recall about approximately what time he stopped, or what point he stopped at? VALENTIN: I have no idea. P. HARRIS: Did he run by the entire time? VALENTIN: He was with me some of the time, and not with me other parts. P. HARRIS: Okay. Those times that he wasn't with you, were you alone with just you and Merlin? VALENTIN: No. It would have been probably Thomas Brightbill, B‑r‑i‑g‑h‑t‑b‑i‑l‑l, and Jacque Drolet. J‑a‑c‑q‑u‑e. D‑r‑o‑l‑e‑t. P. HARRIS: You mentioned earlier that, first of all, you are an expert on cadaver dogs as well; is that true? VALENTIN: I have been found by the Court, yes, to be an expert. P. HARRIS: And so you are familiar with that, while each of us have a distinct human scent while we're alive, when we're dead there is one common scent; is that a fair statement? Or am I getting that wrong? VALENTIN: That's in some ways a fair statement. As live humans we all have a general human scent. As dead humans, we all have a general human scent. P. HARRIS: At some point, after we die, that scent kicks in. The scent that would be familiar to a cadaver dog? VALENTIN: That's correct. P. HARRIS: And you testified earlier you weren't sure what time period that would be, how long that would be before, VALENTIN: That's correct. P. HARRIS: I asked you to approximate, and you said you weren't sure. It certainly wouldn't be more than a day at the most, correct? VALENTIN: I don't know the answer to that. I really don't. P. HARRIS: Well, VALENTIN: I couldn't tell you when the live human signature scent dissipates. P. HARRIS: Well, cadaver dog would be pretty useless as a general application if, in fact, people kept their human scent for weeks upon end. What would be the point of having cadaver dogs? VALENTIN: The point of having cadaver dogs is, is that cadavers don't tend to move, and so you are searching a specific area for any cadaver part that's in the area. P. HARRIS: You are also searching for particular scent with a cadaver dog, correct? VALENTIN: A general cadaver scent, yes. P. HARRIS: That scent sets in quickly after death. It would have to. Otherwise there wouldn't be a need for cadaver dogs, correct? VALENTIN: That's correct. P. HARRIS: You have done searches with cadaver dogs a day after somebody has died. VALENTIN: Un‑hun. P. HARRIS: Correct? VALENTIN: That's correct. P. HARRIS: They had the smell. They were, in fact, located, correct? VALENTIN: Un‑hun. P. HARRIS: So when your dog Merlin indicates that he's picked up the scent of Laci Peterson, a human scent, that would indicate that she was, in fact, alive at that point, correct? VALENTIN: Not necessarily. P. HARRIS: Well, you are telling this court that two weeks, or, excuse me, ten to eleven days after she disappears, and after my client is being accused of murdering, she would still have a human scent? VALENTIN: We weren't searching for her body. What was left, what could be left by a person who has expired, if she had expired somewhere before being on 132, her signature scent could still be there, which is the scent that the trailing dog is scented off of. P. HARRIS: Well, it couldn't be from, as the prosecution has alleged, if she was killed the night of the 23rd, and then taken almost 24 hours later, or 12 hours later, that would be a cadaver scent. VALENTIN: Cadaver scent could certainly be present, yes. P. HARRIS: So if, in fact, any alerting by the dog on 132, in your opinion, would at least tend to believe that Miss Peterson was alive while she was on 132, that would be your logical conclusion, correct? VALENTIN: No. My dog didn't alert on 132. P. HARRIS: Okay. JUDGE: On January the 3rd into the 4th search, did either dog alert, the cadaver dog Anne, and your dog? VALENTIN: I didn't see Anne at all on the, JUDGE: Your dog didn't alert to any? VALENTIN: Merlin? JUDGE: Did or not? VALENTIN: Merlin's alert is to jump up on a person. That's what an alert is. JUDGE: Well, did he scent anything, or give you, VALENTIN: Did he follow a trail down 132? JUDGE: Yes. VALENTIN: For the scent that I gave him from Laci Peterson, yes, he did. JUDGE: For what period of time, or what length was it, by time or distance. Was it a mile, two miles? VALENTIN: When I, when we stopped at a point to see if there was a trail there, and when he picked up a trail, and I went for a while, and then we stopped, picked up, and moved to the next intersection to check for the presence, again, of her scent; and if it was there, which direction it was going. JUDGE: Okay. So some scent was picked up? VALENTIN: Yes. JUDGE: Okay. And when you use the word alerts, that means the dog jumps on somebody? VALENTIN: That's correct. P. HARRIS: That's my fault. I used the wrong terminology. The scent was picked up intermittently along 132? VALENTIN: Yes. P. HARRIS: Is that correct? VALENTIN: Yes. P. HARRIS: It was a human scent? VALENTIN: It was Laci's scent. P. HARRIS: And that would leave you to believe, in your expert opinion, that Miss Peterson would have had to have been alive most likely, I'll rephrase it, most like been alive when she was on 132? VALENTIN: I would say she could have been alive, or recently deceased. P. HARRIS: You had, I'm sorry, is it Anne, is that how you pronounce it? VALENTIN: Yes. P. HARRIS: You had Anne, but you chose not use Anne that day? VALENTIN: That's correct. P. HARRIS: Why was that? VALENTIN: I didn't have, I was busy working with Merlin. I didn't have an area that I could, well, I didn't have time to go back in and search Anne all along Highway 132. P. HARRIS: Did, at some point, the Modesto Police Department ask you to come back with Anne when you had time? VALENTIN: No. P. HARRIS: So you never ran a cadaver, you never ran Anne on 132? VALENTIN: That's correct. P. HARRIS: Do you recall the conditions that day, or January 4th? VALENTIN: I remember driving into Modesto, and it being very cool, damp, foggy. P. HARRIS: You didn't record any of that in your report, did you? VALENTIN: No. P. HARRIS: In fact, you wrote reports on both the 26th and the on January 4th, and at no time did you write anything about any of the climate conditions, anything about any of the wind conditions. You wrote nothing at all about what the environmental surroundings were like either day in either report, did you? VALENTIN: No, I did not. P. HARRIS: Like to mark that is Defense Exhibit L. JUDGE: Describe it for the record. P. HARRIS: This is a training search log prepared by Miss Valentin on October 14th of 2001. JUDGE: See if I, this would be Defendant's I, training log. P. HARRIS: Training, slash, search log. JUDGE: I didn't hear that. P. HARRIS: Training, slash, search log. JUDGE: Search log. P. HARRIS: Do you have a copy? You can look at this copy if you like. VALENTIN: Okay. Okay. P. HARRIS: Miss Valentin, that's a search log of a training session you had with Merlin, is it? VALENTIN: Yes. P. HARRIS: In that search log, this is a training session, I assume you had where you ran Merlin through his paces and then filed a report? VALENTIN: Yes. P. HARRIS: Training, this was strictly a training session, correct? VALENTIN: Yes. P. HARRIS: In that training session, and on the search log you recorded the temperature, did you not? VALENTIN: Yes. P. HARRIS: You reported the humidity? VALENTIN: Yes. P. HARRIS: You recorded the wind speed? VALENTIN: Yes. P. HARRIS: The barometer? VALENTIN: Yes. P. HARRIS: Wind pattern? VALENTIN: Yes. P. HARRIS: You recorded everything about the conditions that you can possibly write on that form for that training session? VALENTIN: Yes. P. HARRIS: For that day? Okay. The reason you did that was because conditions are extremely important in order to determine whether a dog is being effectively used in a search, isn't that true? VALENTIN: Yes. P. HARRIS: And you chose not to, on this search for Laci Peterson, to write any of those conditions on any of your reports? VALENTIN: That's correct. P. HARRIS: That's all.
Redirect Examination by David Harris D. HARRIS: Miss Valentin, weather conditions, temperature, wind, all of those things are records that exist and are easily ascertained, aren't they? VALENTIN: Yes. D. HARRIS: Now, when you train your dog Merlin, do you train the dog across a broad spectrum of conditions? VALENTIN: Yes, I do. D. HARRIS: So if the dog is trained in cold weather, warm weather, does it really matter are to document, as long as you are training within those parameters? VALENTIN: Yes, as long as, as long as you are aware of, within that dog, what the extreme limits are in the dog. D. HARRIS: Now, the tracks that we're talking about here, either on December 26th of 2002, January 4th of 2003, were all of the weather conditions that you were asked over and over about, were all of those within these training parameters that you have for Merlin? VALENTIN: Yes. D. HARRIS: Was there anything out of the ordinary, in weather conditions or anything else, on those particular tracks that you ran? VALENTIN: No. D. HARRIS: You were asked why it was that you stopped at Gallo. I want to go back, because you started to say something, you didn't finish that. Were you the only person involved in these searches? VALENTIN: No. There were teams searching and doing other things in looking for Laci. We're just one cog in a wheel. D. HARRIS: And when you were the handler, you mentioned something, the term that you used was tunnel vision, that you tend to just be like the dog, kind of drive forward, depending on what the dog is doing. Is there somebody else that's kind of watching out for your safety, or controlling what you are doing as well? VALENTIN: Yes. We have runners with us who are looking out for both my safety and the dog's safety as well. D. HARRIS: Is there somebody that supervises all of you? VALENTIN: Search Manager is the person who is in charge of search assignments, who is doing what, and searching. D. HARRIS: And since you are there as mutual aid call‑out, is it your responsibility to kind of follow the directions of the Search Manager? VALENTIN: Yes, it is. D. HARRIS: Whether you stopped at Gallo or not, was that your call? VALENTIN: It was my call to stop there and go back and debrief. They certainly could have put me right back out there to continue on. D. HARRIS: When you were asked about, questions about why didn't you go out and do these other things, that would be up to the Search Manager to decide? VALENTIN: That's correct. D. HARRIS: You were also asked, the dog Merlin, when Merlin turns the corner off of Covena and goes to the neighbor's house, just so we're all clear about this, is that neighbor's house connected in any way, shape, or form to the Peterson household? P. HARRIS: Objection. Asked and answered. JUDGE: Overruled. Is it connected? VALENTIN: Yes, it is. The house sits catty‑corner to the Peterson house. D. HARRIS: If the dog is working a generalized scent, you were describing doing this trail, would you expect the dog to also have a scent, as you are describing, before a scent pool coming from the house? VALENTIN: Yes. D. HARRIS: Did the dog go back to the house, or did it kind of work through that and go back. JUDGE: Which house, Covena house or the other house? D. HARRIS: The other house. VALENTIN: Yes, he worked through, worked through the back of the house on Highland, and what I considered to be a scent pool that could have been created by either Laci being in that yard, or just from her own home which was very close to that yard. D. HARRIS: So when you were asked a question about a vehicle driving back there, and skidmarks, or any of those things, did any of that stuff change or affect your opinion to the fact that this was a vehicle trail instead of a person walking foot‑to‑foot? VALENTIN: No, it didn't change my opinion. D. HARRIS: You were also asked the question of time, so I want to go through this so we're clear about this. If the trail is an hour old, or two days old, or three days old, does time, by itself, make a difference? VALENTIN: No. D. HARRIS: So it has to be some environmental factor, or some other factor other than time. VALENTIN: Right. It's environmental factors that occur on the trail over time. D. HARRIS: But this particular dog Merlin, you have had tracks that were up to fourteen days old that you were successful, in using the terminology of the defense counsel? VALENTIN: Yes. D. HARRIS: With regards to these particular trails that you ran for the Modesto Police Department with Merlin, was there anything to indicate to you that these trails that you had a problem with because, they were stale or contaminated? VALENTIN: No. D. HARRIS: So you had no problems with these trails? VALENTIN: No problems. D. HARRIS: Now, you were asked why you didn't run your cadaver dog on January 4th. Was another cadaver dog there with another team? VALENTIN: Yes, there was. D. HARRIS: And was that dog run that day? VALENTIN: Yes, she was. D. HARRIS: Now, during your, testimony, you used a term, an assumption on occasion. I want to talk about that. When you are saying assumption, is this based on your training and experience with dogs? VALENTIN: Yes. D. HARRIS: So when you were phrasing this an assumption, whatever the answer was that you are talking about, based on your prior experience? VALENTIN: Yes. D. HARRIS: When you were talking about this scent trail that was being followed by Merlin down Yosemite, and you were saying this was a scent trail that was over up against the building, you were giving different possibilities what had happened. It could either be someone up against the wall, or the scent blowing up against the wall. Do you remember that? VALENTIN: Yes. D. HARRIS: Not taking the little piece out of context, but looking at the entire trail that you ran, with your background, your education, experience with these dogs, do you still believe that this was a scent of Laci Peterson that was in a vehicle? VALENTIN: Yes, I do. D. HARRIS: You were asked about where you started the dog out. And if I recall on direct, I just want to clarify this, was the term that was used somewhat like a choke point? VALENTIN: Yes. D. HARRIS: That means that you try to identify all the places where the person can come and go from? VALENTIN: That's correct. D. HARRIS: And with regards to Laci Peterson at the Covena Avenue based on what the defendant had said, do you believe that you covered all of those choke points to try and find the freshest trail? VALENTIN: Yes, I do. D. HARRIS: You were asked about, the example was a deer that runs left, runs right, comes back and doubles back. And your answer was that the dog is going to follow the freshest trail. Do you remember that? VALENTIN: Yes. D. HARRIS: Now I want to apply that to the Covena particular, that particular point, because the Court had a question. If Merlin picks up a scent, does a trail from Covena, from your experience, was Merlin trained to, and, in fact, following the freshest trail from, away from the Covena house? VALENTIN: Yes, he was. D. HARRIS: You were asked about whether it was possible that Merlin was just, I guess for lack of a better term, just pulling his scent out of thin air to follow, I want know talk about that. In your experience, does Merlin, is he a good dog at what he does? P. HARRIS: Objection. Calls for speculation. JUDGE: I have already made a ruling that this dog has been found reliable in tracking. I've already made that finding. D. HARRIS: In your experience, was Merlin following the freshest track of Laci Peterson? VALENTIN: Yes. D. HARRIS: Now, I just wants to talk about this briefly. You were asked if these trails were failed, successful, so on, so forth, those type of terms that were being used. The fact that you had Merlin finding, based on Laci's scent, a trail away from the house, do you believe the dog performed its function at that point in time? VALENTIN: Yes, I do. D. HARRIS: So was he, to use those terms, was he successful in finding that trail? VALENTIN: Yes, he was successful in finding the trail. D. HARRIS: Does it matter if he actually found somebody at the end of that trail? VALENTIN: It would matter to the family. But, to him, in his work and his training, he does not need to find a person at the end of the trail. D. HARRIS: So he was successful in finding a track where she was, supposedly had been. VALENTIN: Yes. D. HARRIS: When you picked up and moved to the shop, is that somewhat equivalent to what you were doing out at 132, going to the next possible location that she might have been, based on what the detective was telling you? VALENTIN: Yes. D. HARRIS: So to go through that briefly, when you were talking about going to the intersection of Kansas and Emerald, and Detective Brocchini was asking you to see if the dog could find the warehouse, is the dog going to, again, follow the last trail? VALENTIN: Yes. D. HARRIS: That's the freshest trail? VALENTIN: That's the strongest trail, yes. D. HARRIS: So the dog didn't fail in the sense that, following the freshest trail, that it went away from the shop. Would that be a fair statement? VALENTIN: That's correct. D. HARRIS: When you picked the dog up again and took it back to the shop, and the dog was scented again Laci Peterson from the shop, it then made a direct, almost direct line from that particular location to where you had dropped it off at that intersection; is that correct? VALENTIN: That's correct. D. HARRIS: So, again, the dog kind of connected Point A to point B? VALENTIN: Yes, he did. D. HARRIS: And did you put all of the pieces together of that particular search from the door of the warehouse with the search on the 4th of the dog tracks, Laci Peterson's scent from the door of the warehouse out to until you have to stop on the 580 freeway, correct? VALENTIN: Yes. Overall, four searches, yes. D. HARRIS: Even if the dog doesn't find her at the end, would you say that the dog was performing his function following her scent? VALENTIN: Yes, he was. D. HARRIS: People have no other questions.
Recross Examination by Pat Harris P. HARRIS: Miss Valentin, under your scenario, under your, for lack of a better term, your grading system, the dog was successful because he picked up the tracking, or he picked up a scent belonging to Laci Peterson; is that correct? VALENTIN: That's correct. P. HARRIS: That makes the dog successful? VALENTIN: Yes. P. HARRIS: And you have no way of knowing, on this earth, that that scent he picked up was Laci Peterson, do you? VALENTIN: He was given Laci Peterson's scent. He followed, he picked up trails, indicating that he had Laci Peterson's scent. P. HARRIS: The only evidence you have is where the dog ended up in the end. The only physical evidence, reliable physical evidence of this tracking is where that dog ended up. And that dog ended up at the Gallo winery. Now, that doesn't indicate to you, JUDGE: That's about three questions. P. HARRIS: I'm sorry. That doesn't indicate to you, the fact that that dog showed up at the Gallo winery, that was Laci Peterson's scent, does it? VALENTIN: Can you say that again? P. HARRIS: That don't indicate to you, the very fact that dog ended up at Gallo Winery, indicates to you that was not Laci Peterson's scent? VALENTIN: No, that's not what that indicates to me. P. HARRIS: Do you have any evidence that you would like to share with the Court about Laci Peterson being at the Gallo Winery? D. HARRIS: Objection. Argumentative. JUDGE: Sustained. P. HARRIS: Do you have any knowledge that, by the dog going to Gallo Winery, that that matched any evidence that Laci Peterson had ever been there? VALENTIN: I have no knowledge of where Laci Peterson has been. P. HARRIS: So the only evidence we have that there is anything even halfway credible about the search is where the dog actually tracks. VALENTIN: That's correct. P. HARRIS: And the dog tracks, well, if you would look at the map. I'm sorry. The map of 12‑26, from, going from the Covena house, your Honor. D. HARRIS: I believe that's People's 9. P. HARRIS: People's 9. Thank you. That map shows, according to your theory, that Laci Peterson, if he was picking up the scent of Laci Peterson, Laci Peterson went down Highland, went down Santa Barbara, jumped over to the La Loma, ran down Yosemite Boulevard, headed down Santa Rosa Avenue, and ended up at the Gallo Winery, if that was Laci Peterson's scent, correct? VALENTIN: I think that I testified to the fact that going down Santa Rosa Avenue, he was not indicating that he was on track, that there was more. P. HARRIS: He was certainly bouncing around all over the place, wasn't he? VALENTIN: I'm not sure what you mean by that. P. HARRIS: Well, he hit more spots than Paris Hilton on a Saturday night, didn't he? D. HARRIS: Objection. JUDGE: What's the objection? D. HARRIS: Irrelevant. JUDGE: Sustained. P. HARRIS: He ended up going all over the neighborhood. So it's your testimony that that's what you believe, based on this dog, that that's what happened to Laci Peterson that day? VALENTIN: I don't believe I went all over the neighborhood. P. HARRIS: Well, JUDGE: Let me ask you some questions. Is the only indication of being on the track is the strong pull on the harness? VALENTIN: No, there is other factors. JUDGE: What are other indications that dog is on the track, other than the strong pull on the harness? VALENTIN: A broad knowledge of handling him on trail after trail after trail, knowing what he's like when he is on, what he looks likes when he's not on. JUDGE: So that's a subjective interpretation about the dog's behavior? VALENTIN: Yes. P. HARRIS: On redirect, Mr. Harris asked you, you now termed the second search a success. That it was successful. VALENTIN: Yes. P. HARRIS: Didn't you tell me thirty minutes ago that it was a failure? VALENTIN: I don't remember. P. HARRIS: You don't remember testifying in this court that you just stated it was a failure? VALENTIN: I don't remember stating that it was a failure. P. HARRIS: Once again, the dog ended up somewhere in a storage place that was not where the dog was supposed to go, correct? D. HARRIS: Objection. Compound. Also misstates the testimony. JUDGE: Overruled. She can answer. P. HARRIS: I'll withdraw. JUDGE: You were going to withdraw the question? P. HARRIS: I'm withdrawing the question. JUDGE: All right. P. HARRIS: When you are, you were asked earlier about the weather conditions and the training parameters. You testified, or you were asked, was anything out of the ordinary. And you testified, no, nothing was out of the ordinary; is that true? VALENTIN: Environmentally we weren't at any of the extremities. P. HARRIS: Doesn't have to be out of the ordinary for the environment to affect a scent, does it? VALENTIN: I have to know under what conditions my dog can perform. P. HARRIS: Well, it doesn't matter, for example, you testified earlier that sunlight just direct, plain sunlight has an effect on a human scent, true? VALENTIN: Combined with heat, yes. P. HARRIS: And doesn't matter that that's a normal condition. That's not a, sunlight is not an out‑of‑the‑ordinary condition, true? VALENTIN: Yeah. P. HARRIS: So as far as recording conditions, things like determining whether it was sunlight that day, or what the humidity is, are important, true? VALENTIN: I don't think that would be important, unless it was out of the extremes that we're adjusted to working in. P. HARRIS: So I mean you are used to working in rain, you are used to working in sun, you are used to working in wind, you are used to working, so nothing, really, I guess maybe hurricane would be out of the ordinary. Other than that, you are saying that, let me rephrase that question. Get goes a little lengthy. Out‑of‑the‑ordinary conditions don't include just the things that affect human, described sunlight, wind, things like that? VALENTIN: When I'm talking with ordinary conditions, it's ordinary conditions that the dog is accustomed to working in. P. HARRIS: Even those conditions have an effect, don't they? JUDGE: Can you answer the question? The question was, even those conditions have an effect don't they? Ordinary conditions? VALENTIN: They have effects on it, yes. P. HARRIS: You testified that time, by itself, just the very fact of time doesn't necessarily affect human scent? VALENTIN: Actually it does. P. HARRIS: It does. VALENTIN: At the extremes, yes. P. HARRIS: And, in fact, the environmental factors that go along with time are what do affect human scent, true? VALENTIN: Yes. P. HARRIS: Something two, four days later clearly would have an effect? VALENTIN: There would be effects on it, yes.
2nd Redirect Examination by David Harris D. HARRIS: Miss Valentin, Miss Valentin, you have successfully run tracks at fourteen days with Merlin? VALENTIN: Yes. D. HARRIS: So that's within those training parameters that you have a track that's up to fourteen days old. VALENTIN: Yes, it is. D. HARRIS: And the work that you are doing here for the Contra Costa Sheriff's Department, the OES, and all of this background, education, and training, that's all pretty much volunteer work? VALENTIN: Yes, it is. D. HARRIS: I have no other questions.
2nd Recross Examination by Pat Harris P. HARRIS: The fourteen days when you ran the test, the item that you scented wasn't fourteen days past on the victim, was it, or was, VALENTIN: I don't believe it was, no. P. HARRIS: So the actual scent was done within a day or two, correct? VALENTIN: Right. P. HARRIS: Thank you. |