|
Mark Weiglein
Witness for the People: Guilt Phase September 1 & 2, 2004
Direct Examination by Rick Distaso DISTASO: Officer, you're a officer with the Modesto Police Department? WEIGLEIN: Yes, sir. DISTASO: And how long have you been a sworn peace officer in California? WEIGLEIN: 14 years. DISTASO: And during the month of January of 2003, were you assigned to the Modesto drug enforcement unit? WEIGLEIN: Yes, sir. DISTASO: And as part of your duties were you involved in the surveillance of the defendant, Mr. Peterson? WEIGLEIN: Yes, I was. DISTASO: And what day did you start that? WEIGLEIN: January 3rd. DISTASO: And what was your shift? WEIGLEIN: My shift was the daytime shift. DISTASO: And so we've already kind of heard, that would start about 5:30 in the morning, end at 5:30? WEIGLEIN: Yes, sir. DISTASO: Roughly? WEIGLEIN: Yes. DISTASO: And did you start that on January 3rd? WEIGLEIN: Yes, I did. DISTASO: Okay. That day you started in the evening? WEIGLEIN: No. January 3rd I started in the morning, I believe. I'm sorry, I take that back. It was approximately 1755 hours. DISTASO: Okay. So somewhere around 6:00 o'clock? WEIGLEIN: Yes, sir. DISTASO: All right. And where did you start from? WEIGLEIN: I had left the Modesto Police Department when I was informed that we would be doing the surveillance. DISTASO: Uh-huh. WEIGLEIN: And I started the surveillance at the investigation's bureau office. DISTASO: Okay. And is that where Mr. Peterson was picking up his Land Rover? WEIGLEIN: Yes, sir. DISTASO: Did you follow him somewhere? WEIGLEIN: Yes, I did. DISTASO: Where did you go? You don't need to tell me, like, every street. Your report's very detailed, but just where did you end up at? WEIGLEIN: We ended up at a function near the intersection of Tully Road and Kiernen Avenue. DISTASO: And there were a number of other cars there? WEIGLEIN: Yes, sir. DISTASO: And then you left that, at some point Mr. Peterson left? WEIGLEIN: Yes. DISTASO: And did you follow him? WEIGLEIN: Yes, I did. DISTASO: And where did you follow him to? WEIGLEIN: Back home. DISTASO: And as part of that, was there a silver Subaru somehow involved in that? WEIGLEIN: Yes. DISTASO: Can you describe that for us. WEIGLEIN: It was observed leaving the Tully and Kiernen Avenue location behind the green Land Rover being driven by Mr. Peterson. DISTASO: And what was the license plate of that silver Subaru? WEIGLEIN: If I can refer to my report so I make no errors on that. DISTASO: Go ahead. If you look at page two of your report. 2115. WEIGLEIN: Thank you. It is 4 T as in Tom C as in Charles U as in Union, 001. DISTASO: And when they, when Mr. Peterson got home, who was with him? Did you observe any people? Just describe them briefly for us. WEIGLEIN: Again, I'll refer to my report to refresh my memory. DISTASO: That's fine. WEIGLEIN: I indicated in my report that there was a male in the front right passenger seat, looked to be about six foot tall, approximately 200 pounds. That gentleman was wearing a baseball cap. DISTASO: Okay. Was there a female with them also? WEIGLEIN: Yes, sir. She was in the back right rear passenger seat. DISTASO: Let me go on to January 4th. JUDGE: Just one second on here. He picked up, he picked up the Land Rover and drove it to this particular function, right? WEIGLEIN: Yes, your Honor. JUDGE: When he left he was driving the Subaru? WEIGLEIN: No, your Honor. He was driving the Land Rover. JUDGE: Land Rover. Okay. And these other folks followed him in the Subaru? WEIGLEIN: Yes, your Honor. JUDGE: Okay, I wasn't clear. Go ahead. DISTASO: Okay. DISTASO: On January 4th, what time did you start up the surveillance again? WEIGLEIN: I started it at 0430 hours in the morning. DISTASO: And what time did, well, looks like at 7:30 you were at the house? WEIGLEIN: Yes. DISTASO: And were you involved in watching the house through the use of the pole camera? WEIGLEIN: Yes, sir, I was. DISTASO: At any point during your surveillance did you record any of that information? WEIGLEIN: Yes, I did. DISTASO: And when was the first time you recorded some of those tapes? WEIGLEIN: On the 4th. DISTASO: And can you just describe briefly for the jury what you did? WEIGLEIN: Yes. The pole camera has a monitoring unit, which I had in my vehicle. It has a small screen that allows you to monitor the location from a distance. I, I didn't record the entire time I was there because for the majority of it there was no action being taken. And so I simply recorded when I would see movement. A vehicle arrive or a vehicle take off from the residence. DISTASO: And when did you finish the surveillance? When were you, when was your involvement completely done with this? WEIGLEIN: On January 8th. DISTASO: Okay. And what did you do with the tapes? WEIGLEIN: They were left with the machine. DISTASO: Okay. So you left them there with the little camera box and everything? WEIGLEIN: Correct. DISTASO: Okay. Let's go back to the 4th now. They, can you just kind of take us through, what did Mr. Peterson do on the 4th? I mean, let's, I can kind of walk you through this a little bit. It looks like at 7:45 he went to the command post? WEIGLEIN: Yes, sir. DISTASO: Or I guess the volunteer center. That's what we've been referring to it as. WEIGLEIN: That is correct. DISTASO: Okay. And what, when, when did he leave that location? GERAGOS: On the 4th? DISTASO: On the 4th. WEIGLEIN: Yes, I'm looking at an exact time here. GERAGOS: Are you looking at page three of 23? WEIGLEIN: Yes, I am. DISTASO: Looks like around 1300. 1:00 o'clock? WEIGLEIN: Yes, 1300 hours the subject came back home from the Red Lion. DISTASO: Okay. During the afternoon, it looks like at some point he went to his lawyer's office, is that correct? WEIGLEIN: That is correct. DISTASO: At 1:45. And then you saw him post some signs somewhere? 1 WEIGLEIN: Yes. DISTASO: Where was that? WEIGLEIN: We had followed him, and he was posting signs near Highway 33, at the intersection of Maze Avenue. DISTASO: Is that in the east part of the county? WEIGLEIN: Yes, sir. DISTASO: Okay. And then it looks like he drove around. And did he continue posting signs? Or did you only see him that one time? WEIGLEIN: I believe he posted a sign at the intersection near Koster Road. DISTASO: And what time was that? WEIGLEIN: That was at approximately 1411 hours. DISTASO: Okay. The, and then it looks like he did some driving, is that right? WEIGLEIN: Yes, sir. DISTASO: And from 1411 to, let's just keep going here, down to 1503, that's when he got back to the, at 3:03 is when he got back to the Red Lion, is that correct? WEIGLEIN: Yes, sir, that's correct. JUDGE: What kind of vehicle was he driving? WEIGLEIN: The green Land Rover at the time, your Honor. DISTASO: Now, when he was in the green Land Rover, the, Highway 33 and the I-5, GERAGOS: What day is that? DISTASO: On the 4th. DISTASO: On the I-5 and 120 areas, those are all areas that are either far east in our county or in other counties, is that right? WEIGLEIN: Correct. DISTASO: And it looks like at some point he gets back on 99 and comes south or returns to Modesto? WEIGLEIN: Yes, sir. DISTASO: All right. Now, who was with him when he was driving around on the afternoon on the 4th? WEIGLEIN: I did not see anybody else in the vehicle with him at that time. DISTASO: Okay. And then when he got back on the, to the Red Lion volunteer center, did he hook up with some people? Or did he, you know, did he go somewhere else with some other people? WEIGLEIN: Yes, sir, he did. DISTASO: And he got into another car. What kind of car was that? WEIGLEIN: A blue Ford Expedition. DISTASO: And what city did he end up in? It looks like he went up to Manteca, is that right? WEIGLEIN: Yes, sir. DISTASO: Did you see him, what were, what were they doing? Were they posting signs? Just walking around? What was going on at this time? WEIGLEIN: They were driving through some residential areas within the city of Manteca, predominantly some newer construction areas. A lot of this surveillance was being taken over by the Department of Justice surveillance crew in the air. DISTASO: Okay. So someone was up in the air following, too, and just kind of letting you guys know what was going on? WEIGLEIN: Yes. DISTASO: All right. And then at 5:00 o'clock Mr. Peterson was back at the Red Lion? WEIGLEIN: Yes, sir, that's correct. DISTASO: And then he arrived home at 5:30? WEIGLEIN: Yes, sir. DISTASO: And was he driving the Land Rover at that time? WEIGLEIN: Yes, he was. DISTASO: Okay. The next day you started up, did you start up on the 5th at your normal time? WEIGLEIN: I started at 0725 hours was the first movement at the residence. DISTASO: Okay. You put "resumed video surveillance." Was that one of the times that you taped the residence? Or does that just mean you were looking through the camera? WEIGLEIN: That means I was looking at the house through the camera DISTASO: Now, did you see Mr. Peterson drive the Land Rover? WEIGLEIN: Yes. DISTASO: And where did he drive it to? WEIGLEIN: He first went to get fuel, and then he went to the Red Lion Hotel on Sisk Road. DISTASO: Okay. The volunteer center? WEIGLEIN: Yes, sir. DISTASO: Okay. And then from, it looks like, it looks like Mr. Peterson picked up someone else, is that right? At some point? At 9:40? WEIGLEIN: Yes. DISTASO: And what car did they go in? WEIGLEIN: Let me review my report here to indicate. DISTASO: Go ahead. WEIGLEIN: They, Mr. Peterson picked up a gentleman out of the blue Ford Expedition, and they continued away in the green Land Rover again. DISTASO: And then from 9:40 to about 11:30 did you see him driving around to various churches in the neighborhood? WEIGLEIN: Yes, sir, I did. DISTASO: What were they doing? WEIGLEIN: It appeared they were passing out flyers. Once they went into the church they were out of my sight. DISTASO: Did, what time did Mr. Peterson get back to his driveway, back into Covena, on the 5th? WEIGLEIN: At 1142 hours. DISTASO: And then did you see the person that he, the man that he had been with at the churches, did you see him again shortly thereafter? WEIGLEIN: Yes, sir, I did. DISTASO: When was that, what time? WEIGLEIN: At 1235 hours. DISTASO: And was this the same man that you saw from before when I asked you about, you know, a man and a woman in a silver Subaru? Were these the same people? WEIGLEIN: I'm not certain if they were the same or not. DISTASO: Okay. So you saw the man he was with at the churches, correct? WEIGLEIN: Yes. DISTASO: And was he with somebody? WEIGLEIN: He was with Mr. Peterson. DISTASO: All right. When they got back to the house, did you see, who was there at the house at 1235? WEIGLEIN: When I saw the man get out of the green Land Rover with Mr. Peterson and go back to the Ford Expedition, there was a female with him at that time. DISTASO: Okay. Did you see him doing something? WEIGLEIN: The man was loading up some what appeared to be overnight items, clothing, into the Ford Expedition. DISTASO: Did it look like they were packing the car to go somewhere? WEIGLEIN: Yes. DISTASO: And then what time did they leave? WEIGLEIN: They left at right around 1235, 1240 hours. DISTASO: What clothes was Mr. Peterson wearing when you saw him going around with the man to the churches? Do you remember what he was wearing? WEIGLEIN: I believe it was darker clothing. I do not have that documented specifically, but I remember him wearing some darker clothing. DISTASO: Okay. And then did you see him, they leave at 1235. When is the next time that you saw Mr. Peterson? WEIGLEIN: At 1243 hours. DISTASO: And did it appear to you that he had changed his clothes? WEIGLEIN: Yes, sir. DISTASO: And what was different? WEIGLEIN: The light gray sweatshirt that he had on at the time was different than what he was wearing prior to that. DISTASO: And what car did he get into? WEIGLEIN: The silver Subaru wagon. DISTASO: And was his Land Rover still present there at the house? WEIGLEIN: Yes, sir, it was. DISTASO: And where did he go? WEIGLEIN: He drove west through the city onto westbound Highway 132. DISTASO: Okay. Is that one of the ways you get out of Modesto, I guess, to go, to go west? WEIGLEIN: Yes. DISTASO: And then where did he go after that? WEIGLEIN: He ended up at the Berkeley Marina, at 1408 hours. DISTASO: The, let me just go back a little bit. When you were, were you, as part of the surveillance, following him to the marina?, WEIGLEIN: Yes, sir, I was. DISTASO: on the 5th? And can you describe his driving for the jury? How was he driving? Fast, slow, medium? WEIGLEIN: It was definitely faster than the normal flow of traffic. We were having to drive faster to keep up our visual surveillance of him. DISTASO: And what exit did you take to get, off the freeway to get to the marina? WEIGLEIN: University exit. DISTASO: And did you actually follow Mr. Peterson into the marina? WEIGLEIN: Yes, sir, I did. DISTASO: Can you take that pointer behind you, and you recognize that as the Berkeley Marina, correct? WEIGLEIN: Yes, sir. DISTASO: That's People's 211. The pointer is right there on the board. Can you show the jury where you saw, on the 5th, Mr. Peterson go in the marina when you were, what you were able to see. WEIGLEIN: Yes. We were on University Avenue. We turned right along Marina Boulevard and continued down to Spinnaker Way, and then turned left. And at this time Mr. Peterson started going in and out of some parking lots. I was not familiar with the area, having never been there prior. But I could see the parking lots were rather small, and so I did not physically drive into the parking lots in fear of Mr. Peterson seeing me. DISTASO: Okay. And then how long were you, how long was Mr. Peterson at the marina? WEIGLEIN: Just a matter of a few minutes. DISTASO: And then after you left the marina, where did you go? WEIGLEIN: We went, took the same route out, beyond University, and headed back out of town. DISTASO: Okay. You can go ahead and have a seat again. At the times that you saw Mr. Peterson at the marina, did you see him stop or talk to anybody or do anything there? WEIGLEIN: No, sir, I did not. DISTASO: Did you ever see him get out of his car? WEIGLEIN: No, I did not. DISTASO: Once you got back, once you left the marina, where did, where did you go? WEIGLEIN: Like I said, we took the same route back into town. And let me see here. At 1540 hours we were back at the residence on Coven DISTASO: The, when you went to the marina, the trip on the 5th to the marina, did you make any stops? WEIGLEIN: No, sir. DISTASO: I mean, by that I mean did Mr. Peterson make any stops? WEIGLEIN: No, sir. DISTASO: Okay. On the way back, Officer Bettis already told us Mr. Peterson stopped for gas at some point? WEIGLEIN: Yes. At 1508 hours we went to the Shell station. DISTASO: Okay. You have that noted. You have it there as well? WEIGLEIN: Yes, sir, I have it here on the top of page 16. DISTASO: And then at 4:00 o'clock, or, I'm sorry, 4:55, did you follow Mr. Peterson to the Del Rio Country Club? WEIGLEIN: Yes, sir, I did. DISTASO: At 5:45 did you see Mr. Peterson leave the country club? WEIGLEIN: Yes. DISTASO: And at that point was your surveillance over for that date? WEIGLEIN: For me it was, yes. DISTASO: On the 6th, did you also surveil Mr. Peterson? WEIGLEIN: Yes, I did. DISTASO: Again, kind of the same procedure that you have been, that you have been testifying to us about? WEIGLEIN: Yes. DISTASO: At, looks like at 10:22 Mr. Peterson was at his attorney's office? WEIGLEIN: That's correct. DISTASO: And then after leaving his attorney's office, where did he go? WEIGLEIN: To the business on Emerald Avenue. I'm sorry, let me back up just a second. At 1022 hours left his attorney's office and went straight to the Enterprise Rent a Car on 7th street. DISTASO: And did you see Mr. Peterson exchange or get into another automobile there? WEIGLEIN: Yes. DISTASO: And what was that? WEIGLEIN: A red Honda with a California license plate of 4 Z as in Zebra K as in King D as in David 188. DISTASO: And did he leave, or how did Mr. Peterson get to the rental lot? WEIGLEIN: In his green Land Rover. DISTASO: Okay. Did he leave it there at the rental place? WEIGLEIN: Yes, sir. DISTASO: And after leaving the rental place, where did you go? WEIGLEIN: To the business on Emerald Avenue. DISTASO: And how long were you at the business? WEIGLEIN: I have indicated at 1040 hours Mr. Peterson is into the business on Emerald Avenue, and at 1048 hours we are southbound again on Emerald Avenue, away from the business. DISTASO: And after leaving the business, where did you go to? WEIGLEIN: At 1056 hours we're starting to go westbound on Highway 132, and at 1204 hours we ended up in the Berkeley Marin DISTASO: And on the 6th, can you, you can just stand up and show the jury again, did you observe Mr. Peterson at the marina on the 6th? WEIGLEIN: Yes, sir, I did. DISTASO: Okay. Go ahead and show the jury where you saw him going that day. WEIGLEIN: Again we took the University exit, and I observed him traveling again down Marina Boulevard to Spinnaker Way, and along Spinnaker Way again into some parking lots, and this time further down. I physically did not go down here myself. I was told that we already had some agents in that area, and so I did not commit any further than this last parking lot. DISTASO: And then what, keep going. I mean what, what did you see the whole time you were there on that morning? WEIGLEIN: Okay. After a few moments Mr. Peterson was coming back out. Investigator Bettis was also following at that time. I believe Mr. Peterson was following Investigator Bettis out at that time. And I was already parked along here, in the dirt, waiting to see him come down here. I followed him along Marina Boulevard, and then I believe Mr. Peterson went back into, along University Avenue towards Seawall Drive. I did not go any further than this intersection here at Marina Boulevard and University. I maintained surveillance along the shoulder here until Mr. Peterson came back out University, and then I let one or two cars pass me, and then I tried to blend in with the traffic, continuing back out University Avenue. DISTASO: Okay. And after you went out University, where did you end up going to? WEIGLEIN: We continued down University Avenue further into the town, and I lost surveillance of Mr. Peterson along Dwight Avenue near the intersection of 7th street. DISTASO: Okay. So that was somewhere in Berkeley? WEIGLEIN: Yes, sir. DISTASO: And then did you, were you able to, when's the next time that you found him? WEIGLEIN: I did not find him again, nor do I believe anyone else found him. At 435 hours on that same day, the 6th, I reacquired surveillance on Covena, and the other units watching the volunteer center at the Red Lion indicated that he was back there at around 4:45 or 5:00 o'clock that evening. DISTASO: Okay. And then looks like the other units saw him drop off the rental car? WEIGLEIN: Yes. DISTASO: And then did you go to the Enterprise rental office? WEIGLEIN: Yes, sir, I did, at 5:20 that evening. DISTASO: The, let me talk to you about, just let me go back to the marina for a minute. How long, you said at 1204 you were at the marina, is that right? WEIGLEIN: Yes. DISTASO: Okay. And, again, are, these times are approximate? WEIGLEIN: Yes, they are. DISTASO: And then how long were you actually present in the marina? WEIGLEIN: I was driving around in there, and parked on the side of the road for approximately six minutes. DISTASO: And then when Mr. Peterson came out, your next entry was 1215, and that looks like when you were talking about being in Berkeley and losing him, is that right? WEIGLEIN: That's when I decided that I no longer had surveillance of Mr. Peterson, at 1215. DISTASO: And that was not at the marina, that was in the City of Berkeley? WEIGLEIN: That is correct. DISTASO: On the 7th? <recess> DISTASO: Officer, Officer Weiglein, on the 7th, the defendant was driving the Land Rover, is that right? WEIGLEIN: Yes, sir, that's correct. DISTASO: And he drove it the whole day? WEIGLEIN: Yes. DISTASO: Okay. On the 8th he, again, was the defendant driving the Land Rover? WEIGLEIN: Yes, sir. DISTASO: Okay. And then at 3:50 in the afternoon did you see the defendant drive around the police department? WEIGLEIN: Yes, I did. JUDGE: Is this January the 8th now? DISTASO: January the 8th at 3:50. DISTASO: Now can you just describe for the jury how back in January 2003 the Modesto Police Department was organized. WEIGLEIN: Yes. The investigations office was separate from the police department, a separate structure altogether. The police department had an address of 601 11th Street, which was on 11th between 10th and 11th between F and G Street. The investigations bureau was one block south and a block and a half east at the corner of 12th and F, between E and F, 12th and 13th. DISTASO: Okay. I know it's probably a little bit confusing for them, but basically the investigations division was where the detectives were? WEIGLEIN: Yes. DISTASO: And they were a couple blocks away from and a separate building away from the main police department? WEIGLEIN: Yes, sir. DISTASO: Since that time they've been combined to one building? WEIGLEIN: Yes. DISTASO: All right. But at this time they were separate. And what did you see the defendant do at 3:50? WEIGLEIN: I observed Mr. Peterson driving the green Land Rover around both the investigations office and the main police department building. DISTASO: Okay. Did he make a complete circle of each of those buildings? WEIGLEIN: Yes, sir. DISTASO: And then where did he go after doing that? WEIGLEIN: To the Enterprise rental business on 7th Street. DISTASO: When he went around both of the investigations division and the police station, did you see him stop and park his car and get out and go into either one of those residence, residence, either one of those locations? WEIGLEIN: I did not see him get out of his vehicle at any of those times, no. DISTASO: The, when he went and picked up the white truck did, where did he leave the Land Rover? WEIGLEIN: At the rental company. DISTASO: And then that finished your involvement and the surveillance on the 8th, is that right? WEIGLEIN: I watched him go to the Bank of the West and once he made it back to his house at approximately 6:00 o'clock that evening, I took off. DISTASO: Okay. And you weren't involved in the surveillance any more after that? WEIGLEIN: That's correct. DISTASO: Let me just ask you about one other thing that you did in the case. Did you install some GPS or Global Positioning units, trackers, in any of the defendant's vehicles? WEIGLEIN: Yes, I did. DISTASO: And this is for counsel, if you're looking for the Bates, 38331. GERAGOS: Thank you. DISTASO: And just, if you could, tell the jury, I'm only really interested or looking at three of them. Did you install a GPS tracker in the defendant's Land Rover? WEIGLEIN: Yes, sir, I did. DISTASO: And did you install that between the time period of January 21st and January 23rd, 2003? WEIGLEIN: Yes. DISTASO: And what's the license plate of the Land Rover? WEIGLEIN: 4 "M" as in Mary "S" as in "Paul", I'm sorry. 4 "M" as in Mary "S" as in Sam "P" as in Paul 497. DISTASO: And did you also install a GPS tracker in the Chevy S-10 Sonoma that the defendant rented from Enterprise Ren-A-Car? WEIGLEIN: Yes, I did. DISTASO: And what was the license plate? WEIGLEIN: 6 "U" as in Union 76078. DISTASO: And what date did you install that tracker? WEIGLEIN: On January 8th, 2003. DISTASO: And what date did you remove that? WEIGLEIN: It was removed on January 10th, 2003. DISTASO: Okay. And, finally, did you install one in a Dodge Dakota automobile that the defendant had rented from Enterprise Rent-A-Car? WEIGLEIN: Yes, sir. DISTASO: And what date did you install that? WEIGLEIN: That was installed on February 18th of 2003. DISTASO: Okay. Did you also install one on, there were a couple Dodge Dakotas involved, correct? WEIGLEIN: Yes, sir. DISTASO: All right. Did you also install one on January 27th, 2003? WEIGLEIN: Yes, I did. DISTASO: And what was the license plate of the one you installed on January 27th? WEIGLEIN: 6 "U" as in Union 03269. DISTASO: And when was that removed? WEIGLEIN: That was removed on January 29th of 2003. JUDGE: The one you installed on February the 18th, when was that one removed? WEIGLEIN: That one was removed on April 24th of 2003. DISTASO: Just so we get the license plates clear, on that Dakota, what is the license plate on that one, the one installed on the 18th? WEIGLEIN: 6 "M" as in Mary 99836. DISTASO: And I don't have any further questions of Officer Weiglein.
September 2, 2004 Cross Examination by Mark Geragos GERAGOS: Good morning, Officer. How are you? WEIGLEIN: Fine. Thank you. GERAGOS: I'm going to direct your attention back to January the 4th. And you had testified yesterday on direct you were part of this surveillance team, is that correct? WEIGLEIN: Yes, sir. GERAGOS: Okay. And you have, I was just checking with you, you've got your reports there so I can hopefully get through this pretty quickly, just pointing to specific days and times. WEIGLEIN: Yes, sir. GERAGOS: On the 4th, you were following Mr. Peterson and you would start your surveillance at about what, 4:30 in the morning? WEIGLEIN: Yes, that's correct. GERAGOS: Okay. 7:45 you learned that he was in the command post at the Red Lion, what we call the volunteer center, correct? WEIGLEIN: Yes, sir. GERAGOS: Okay. At 11:05, I guess there were a number of vehicles that were on the surveillance, is that correct? WEIGLEIN: There were anywhere between four to six vehicles at any given time. GERAGOS: Okay. At about 11:05 it was determined that Scott Peterson was still at the Red Lion, so the cars, whatever cars were on the house were pulled off and all those cars went to the Red Lion? WEIGLEIN: I believe I was still at the residence until you'll notice at 1310 hours I indicate I'm leaving the surveillance residence to join up with the mobile surveillance. So I was still at the residence. I was not at the Red Lion. GERAGOS: Okay. When they say surveillance has been broken off of his residence at Covena and all surveillance units are at the Red Lion at 11:05, that did not include you, I take it? WEIGLEIN: That did not include me. I was still at the residence. GERAGOS: Okay. On everybody but your surveillance team goes over to the command center. He's there, he's been there looks like, what, about, has been there almost, what, five and a half hours on the 4th? From 7:45? WEIGLEIN: 0745 until, GERAGOS: About 1:00 o'clock? WEIGLEIN: Yes, correct. GERAGOS: Okay. And at 1:00 o'clock he came back to the house, ran in, got a bag and got into his vehicle, correct? WEIGLEIN: Yes, sir. GERAGOS: At about ten after 1:00 you said that you saw him go downtown, is that correct? WEIGLEIN: Yes, sir. GERAGOS: And that's, he was between 11th and 12th and it says J and K, correct? WEIGLEIN: That is correct. GERAGOS: There's a place there called the Pacific Center, is that right? WEIGLEIN: Yes, sir. GERAGOS: And he was, took a flyer to what was described as the Pacific Center, is that right? WEIGLEIN: Yes. GERAGOS: Is there a Dittos in there, or something like that, over in that Pacific Center? WEIGLEIN: No, sir. GERAGOS: Okay. The, is the Pacific Center a place where businesses are, rent office space, do you know? WEIGLEIN: I believe that is his prior attorney's office. GERAGOS: Okay. So Mr. McAllister's office is there on, between 11th and 12th and J and K? WEIGLEIN: Yes, sir. GERAGOS: Okay. Now, at about the Wells Fargo Bank parking lot is there also, next to Mr. McAllister's office? WEIGLEIN: Yes, they share the common alley there. GERAGOS: Okay. Now, at about 2:00 o'clock, let's see, it looks like after leaving that building, that Pacific Center building, he went down a street called Maze, which is one of those main thoroughfares that intersects with 99? WEIGLEIN: Also known as Highway 132. GERAGOS: Okay. As he was going down Maze, he got out of his vehicle and posted some signs, missing persons signs there at an overpass? WEIGLEIN: Yes, sir. GERAGOS: Okay. And then about ten minutes later there was, he was approaching, I guess if you keep going, Highway 33, you get towards Tracy? WEIGLEIN: Yes. GERAGOS: And then he put some posters there? WEIGLEIN: Correct. GERAGOS: Okay. And that's at a interchange between what, 33 and what's the other intersection? Would it be Maze or 132 and 33? WEIGLEIN: No, I believe it was, let me indicate in my report here, just to refresh my memory. GERAGOS: Sure. WEIGLEIN: I believe that was the Kasson Road overpass, right under the 1410 hours just prior to that. GERAGOS: Oh, okay. I got it. WEIGLEIN: Passing the river near Kasson Road. GERAGOS: Okay. And he's placing these posters up at that location, is that correct? WEIGLEIN: Yes, sir. GERAGOS: Okay. A couple minutes later he stops again and he's at an intersection near is it Koster Road. WEIGLEIN: Yes, sir. GERAGOS: Puts up some more posters there? WEIGLEIN: I believe he only put up one poster at, each time he stopped. GERAGOS: Okay. Then looks like a couple minutes later he takes the on ramp to I-5 off of Highway 33? WEIGLEIN: Correct. GERAGOS: And then it looks like at some point within the next couple of minutes he pulls over to the side on the on ramp and he puts up more signs? WEIGLEIN: Right near the top of the on ramp, yes, sir. GERAGOS: Okay. And there he was putting up multiple signs, it looks like, at least from the notes? WEIGLEIN: I believe he put up two signs at that location. GERAGOS: Okay. Now, he then goes, or is, let's see. Looks like at 2:30 he keeps going down this road. Then we go by fast-forward to what, about 3:00 o'clock he's back at the Red Lion? WEIGLEIN: Yes. At exactly 3:00 o'clock he took the Briggsmore off ramp, and at 3:03 he pulled into the Red Lion lot. GERAGOS: Okay. Now, still on the 4th, he then heads over to, looks like at about 4:05 to the First Assembly of God business that was on Button Road? WEIGLEIN: Yes, sir. GERAGOS: Okay. And then it looks like he meets with somebody there, just north of the church. 1606? WEIGLEIN: That's correct. GERAGOS: Looks like somebody he was meeting that previously had been at the volunteer center? WEIGLEIN: I believe so. GERAGOS: Okay. And then at about 4:18, let's see, he's over again by that Button Road area, is that correct? WEIGLEIN: Yes, sir. GERAGOS: Okay. And looks like at about 4:30 he went over and was, and now at this point, at 4:30, did he have other people with him? WEIGLEIN: I believe so. GERAGOS: Okay. And it looks like he went to a specific subdivision. Where was that located? WEIGLEIN: That was located north of Highway 120 in the City of Manteca. GERAGOS: Okay. And there were three people with him? WEIGLEIN: I believe two others. GERAGOS: Two others. So three total? WEIGLEIN: Yes, sir. GERAGOS: And they go into a construction yard, is that correct? WEIGLEIN: Yes, sir. GERAGOS: And they were all three out walking and picking up wood material, looking underneath things, is that correct? WEIGLEIN: That's correct. GERAGOS: Looking around the back of some homes that were under construction? WEIGLEIN: Yes, sir. GERAGOS: And then you guys were, at least whoever put in the notes did not appear to know what they were doing, correct? WEIGLEIN: That is correct. GERAGOS: Okay. Did you ever go back to take a look to see if that location was one of the locations, are you familiar with the tip line in this case? That there was a number? WEIGLEIN: I know that there was one established, but I had no access to it. GERAGOS: Did anybody that you're aware of ever go and see or coordinate or cross-check, if you will, that location to see if that had anything to do with a tip that had come in as to where Laci Peterson might be? WEIGLEIN: That is unknown if anybody cross-correlated that information. GERAGOS: Okay. WEIGLEIN: I personally did not. GERAGOS: At the time, I'm asking because it's in the notes, somebody comments, "What do you think they're doing?" "I don't know." But they were clearly looking through this area and looking around in this area, isn't that correct? WEIGLEIN: That is correct. GERAGOS: Okay. Now, at 5:00 o'clock, looks like about 5:02 he was back at the Red Lion? WEIGLEIN: Yes, sir. GERAGOS: Okay. And it looks like the next day, on January 5th, you see him going to the Red Lion again first thing in the morning at 7:44? I'm on page, WEIGLEIN: Yes, that's correct. GERAGOS: Okay. Then at 9:43 you see him in Moose Park, and he's taking things out of the back seat, and it looks like they're affixing flyers to the surrounding neighborhood, is that right? WEIGLEIN: Yes. GERAGOS: And we had one other officer that testified already that there was a series of stops that he made at basically all of the churches that were in service that morning, or that Sunday, is that correct? WEIGLEIN: Yes, that is correct. GERAGOS: Okay. And that was this Orangeburg Baptist Church, correct? WEIGLEIN: Yes? GERAGOS: Friendly Church of the Nazarene? WEIGLEIN: Yes. GERAGOS: Okay. He also, it looks like, stopped at a, or the school at Kingdom Hall? Is that at about 10:04? WEIGLEIN: That's correct. GERAGOS: And then the Sherwood Bible Church, right? WEIGLEIN: Yes. GERAGOS: And the Orthodox Mission Church? WEIGLEIN: Yes. GERAGOS: Okay. And then from there they went past Tully Road, looks like at 10:28, to another complex on the corner of Sherwood, is that right? WEIGLEIN: That's correct. GERAGOS: And there was another church there. You didn't name it, but there's a church at that location, 10:28? WEIGLEIN: I indicated he went behind the Sherwin Williams paint store. I'm not familiar if there's a store or a church back in that parking lot. If there is, I'm not familiar with it. GERAGOS: So on the notes, about four lines from the bottom of that paragraph: Subjects exited the church on the far south end of Sherwood near Briggsmore? WEIGLEIN: Yes. That's not, I thought we were still talking about Woodrow Avenue. GERAGOS: Okay. WEIGLEIN: Sherwood and Briggsmore is a totally different location. GERAGOS: Okay. Then went over back to a church at 10:58 on the northwest corner of Orangeburg and College? WEIGLEIN: Yes, sir. GERAGOS: Okay. At 11:03 he was over on Rumble and went to the church on the corner of Rumble and Prescott? WEIGLEIN: Yes. GERAGOS: Okay. 11:25 a church on the north side of California Street, which somebody identified they thought as the Seventh Day Adventists? WEIGLEIN: Correct. GERAGOS: Now, on the 6th, the same thing: He starts the day at the Red Lion, the volunteer center? WEIGLEIN: Yes, sir. GERAGOS: Okay. And on the 7th, the same thing, at the Red Lion? WEIGLEIN: Correct. GERAGOS: Okay. Stays there on the 7th for approximately four and a half hours? Looks like 7:26 to 12:09? Or does he leave there earlier than that? WEIGLEIN: No, I believe he stayed there the entire time. GERAGOS: Okay. So about four and a half hours that day? WEIGLEIN: Yes. GERAGOS: And then on the 8th, you came on later on the 8th, I take it? You weren't on the first thing in the morning shift? WEIGLEIN: Right. I had another assignment that morning. GERAGOS: Okay. So when you came on at 2:56 he was at the Red Lion, at 2:56, you had come on earlier, but he went back to the Red Lion a little bit before 3:00? WEIGLEIN: Correct. I came on at 1:00 o'clock in the afternoon, and at 1456 hours, which would be 2:56 in the afternoon, Mr. Peterson was at the Red Lion. GERAGOS: Okay. And then he runs various places around Modesto and went back to the Red Lion at about 5:17? WEIGLEIN: Yes, sir. GERAGOS: Thank you. I have no further questions.
Redirect Examination by Rick Distaso DISTASO: Officer Weiglein, why wouldn't, I don't know if this was clear yesterday, so I just want to clear it up for myself. The tracking unit that you installed in the Dakota on the 27th, that was one of the rented vehicles, is that right. WEIGLEIN: Yes, sir, that's correct. DISTASO: And can you just describe this, This is a little bit beyond the cross, your Honor, but I just didn't ask him. JUDGE: I'll let you go into it, see, DISTASO: Okay. Thanks. DISTASO: The, can you describe what the traffic was around Mr. Peterson's house during the day, since you were on the day shift? WEIGLEIN: It was light. At that time there was no abnormal amounts of traffic. DISTASO: The, did you see, what was the, I mean this is a residential neighborhood, correct? WEIGLEIN: Yes, sir. DISTASO: This is kind of your normal middleclass residential neighborhood in Modesto? WEIGLEIN: Yes, sir. DISTASO: Okay. And what was the foot traffic? You know, people walking to and from the neighborhood. Was it consistent with that of a normal middleclass neighborhood in Modesto? WEIGLEIN: I would say so, yes. DISTASO: Okay. And the, what about the vehicle traffic, people driving by? WEIGLEIN: Nothing more than what you would usually see in a, any average neighborhood during the day. DISTASO: So did you see media personnel, you know, kind of throughout this week that you were doing this surveillance? WEIGLEIN: Maybe one or two of the large satellite trucks would drive by, come and go throughout the day, but nothing that was posted up or current. DISTASO: Okay. So during the week that you were there, at that time there wasn't like this, this big media presence there where people were set up all the time, or anything like that? WEIGLEIN: Correct. DISTASO: It wasn't like, you know, when you come into the courthouse here and see, GERAGOS: Objection. Leading. JUDGE: Sustained. DISTASO: Well, I, I believe he described it well enough. I'm done, Judge.
Recross Examination by Mark Geragos GERAGOS: Officer, have you read the other surveillance reports of the other officers? WEIGLEIN: No, sir, I have not. GERAGOS: Okay. Would it surprise you to find the other officers have described the media presence both at the Red Lion and at the house? WEIGLEIN: I'm sorry, what? I'm sorry, I didn't hear you. GERAGOS: Would it surprise you if the other officers have described the media presence both at the Red Lion volunteer center and at the house? WEIGLEIN: Would it surprise me if they described it? GERAGOS: Yes. If they had observed that. WEIGLEIN: That would no surprise me, no. GERAGOS: Thank you. I have no further questions. JUDGE: May this witness be excused? GERAGOS: Yes. DISTASO: Yes. JUDGE: Thank you, Officer. |