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Debra Wolski
Witness for the People: Guilt Phase June 21, 2004
Direct Examination by David Harris HARRIS: Miss Wolski, what is your occupation? WOLSKI: I'm an adjunct instructor for Modesto Junior College Athletics Department. I teach yoga and Pilates. And I own Village Yoga Center and The Art Of Yoga School for Certification. HARRIS: Do you want to, I want to talk about the private school in terms of yoga. Do you teach specialized yoga classes for expectant mothers? WOLSKI: Yes. We have a prenatal class at the Village Yoga Center. HARRIS: And when we're talking about a prenatal yoga class, for those of us that have, don't have any idea what that is, can you describe that for us? WOLSKI: Well, it's open to all stages of pregnant moms. And it's mainly deep breathing, relaxation, relief of lower back pain, and for opening hips. Different stages of pregnancy have different issues. So as they progress, and as they get larger, it puts more strain on the lower back. So we teach them, I'm nervous. We teach them relaxation techniques and deep breathing that help calm the nervous system. HARRIS: Let me go through this a little bit. At some point in time, did you come into contact with an expectant mother by the name of Laci Peterson? WOLSKI: Yes, sir. HARRIS: If you could look to your left there is a photograph there, People's Number 14. Do you recognize who is in that photograph? WOLSKI: That's Laci. HARRIS: And did Miss Peterson become one of your students? WOLSKI: Yes. HARRIS: About when was that it she became one of your students? WOLSKI: I first met her very early in her pregnancy in the summertime. And during the first trimester, she was still having the queasiness and the morning sickness. So she wasn't able to participate. HARRIS: Now, let's go through this. If somebody wants to come, pregnant mom wants to come to your class, how do they do this? Do they enroll? Do they buy coupons? Can you tell us how that works? WOLSKI: We give them options. They can pay per class, or they can buy a class card and use it up. And when it's expired if they want another class card, they just purchase a second one. HARRIS: What did Miss Peterson do? WOLSKI: She bought a class card for ten sessions. HARRIS: And was she able to come for the ten sessions? WOLSKI: She used all ten sessions, and a few more. HARRIS: Go back through that. You said she started coming in her first trimester. Did she use all of those ten sessions then? WOLSKI: No. She only came once in the summertime. And we decided that perhaps she should wait until her hormones settled, and then she was able to participate. She started coming back in September regularly. HARRIS: Now, I want to go through, I don't mean to make this sound like a silly question. But you have these pregnant women in your class. You are not making them do jumping jacks, or anything like that? WOLSKI: No. One of the prerequisites of yoga is to listen to your body. And you never force or strain, and you never go beyond your natural limits. So flexibility isn't something that you start with. It's something that you acquire as you participate. So each class is a multilevel class, meaning if you have five participants, there will be five levels of yoga going on, because each one is doing what is appropriate for their body. There is no jumping, there is no walking. There is no, the physical the range of motion is very small. We're sitting here, lying on the side, sometimes lying on the back, sometimes legs up the wall, to help relieve varicose veins and swollen feet, etc. HARRIS: As Miss Peterson progressed through your class, were there other students in the class? WOLSKI: When she first came in we had five, class of five. And as each woman delivered, the class, of course, diminished by two. So Laci eventually was the only person in my class. It was just she and I. HARRIS: So towards the end of that class, actual session, she was getting exclusive one-on-one attention from you? WOLSKI: Yes. HARRIS: As you progressed through this, did she progress in her stretching abilities? Or did she indicate to you if she had any problems? WOLSKI: She seemed to be fairly flexible. And she attributed that to being a cheerleader in school. But as she progressed and got bigger, the last time I saw her she was very uncomfortable. HARRIS: When was the last time that you saw her? WOLSKI: Friday, December 20th. HARRIS: And did you keep attendance records for your classes? WOLSKI: Yes. HARRIS: When you saw her on December 20th, what was, so she is there by herself on that last date? WOLSKI: She could barely walk that day. She was in pain. She told me that she had a sense the baby had shifted, that he was now turned sideways, lying hip-to-hip is what she said. She needed help to get back to the car. HARRIS: What did you do during the class? WOLSKI: We modified the normal schedule, I mean the normal routine, and eliminated everything except the deep breathing and the relaxation. HARRIS: You mentioned earlier about sometimes yoga classes include people putting their legs up on the wall. WOLSKI: Uh-huh. HARRIS: Why is it you do that? WOLSKI: If you are lying down, and you elevate your feet above your heart, then the gravity draws the blood back into t he torso instead of extremities. HARRIS: Was this something that you did with Miss Peterson at some point? WOLSKI: Yes. Because she, her feet were very swollen, and she was really uncomfortable. HARRIS: And this is on the 20th that we're talking about? WOLSKI: Yes, it was a Friday. HARRIS: Now, during the progression of this where she was coming to your class, did she ever talk to you about her physical condition outside of the class? Ever talk to you about a dizzy spell? WOLSKI: Oh, yes. I'm trying to remember the date. I think it would be late November. She remarked that her dog probably thinks she's mad at him, because she no longer walks him. The last few times she had walked him, she said she became dizzy and lightheaded, had to cut her walk short and get back to the house quickly. And we took that time to talk about preterm labor, be cause I experienced that myself in my last pregnancy. And it came from simple dehydration. If you don't drink enough water, it can actually bring on contractions. So I cautioned her about that. And we talked about it's a good thing that she doesn't walk, especially, especially in uneven terrain where she could become dizzy. HARRIS: During this conversation, did, GERAGOS: Could we have a, we need to have a recess, judge. We need to have a recess, Judge. I apologize. But it's imperative. JUDGE: All right. Shall we go in chambers? GERAGOS: Yeah. JUDGE: All right. Now, before I, GERAGOS: I don't know, JUDGE: How much longer on direct do you have, Mr. Harris? HARRIS: Another ten minutes. JUDGE: Well, then, we'll have to order her back then. And then you are suggesting we come back at 2:00 o'clock, because you are going to have this hearing in front of Judge Forcum? GERAGOS: Yes. <recess> HARRIS: Ms. Wolski, I believe I had left off starting to ask you if you had a conversation about a cell phone with Ms. Peterson? WOLSKI: Yes. GERAGOS: Same objection. The one I just articulated. JUDGE: All right. Overruled. Go ahead. HARRIS: When you were having this conversation, this is about the kind of dizzy conversation with Ms. Peterson, WOLSKI: Uh-huh. HARRIS: did you talk to her about a cell phone? WOLSKI: Yes, we did. She brought it up. HARRIS: What did she say? WOLSKI: After she made the remarks about her dog, thinking that the dog might think she didn't love him anymore, actually, she said he would think she was mad at him, she said that she never leaves the home without her cell phone. HARRIS: Now, at some point in time did you become aware that Ms. Peterson was missing? WOLSKI: Not until Friday the, the Friday after Christmas. I think it was the 27th. HARRIS: And did the police department come out and talk to you, or somebody from the police department? WOLSKI: No. Friday the 27th, as I left the studio after teaching, I saw the poster with Laci's picture on it. They were putting it up in McHenry Village, and I called the police department on my cell phone when I got home. HARRIS: Did you ultimately, after you called them, talk to a police detective? WOLSKI: I spoke with a woman when I first called the police, and then several weeks, perhaps a couple of months later, I was called in and I did speak with a detective. HARRIS: When you say you were called in, were you asked to come down to the police department? WOLSKI: I came to the police station in Modesto. HARRIS: When you came down to the police station, I want to talk about that. Did the detective ask you if you would look at some photographs of jewelry or look at some actual items? WOLSKI: Yes. HARRIS: And did you look at those items? WOLSKI: Yes. HARRIS: Photographs and actual items? Or combination of both? WOLSKI: A combination of both. We first looked at the photos, but they were black and whites, they weren't very clear, so evidently some of the jewelry was on site, so he was able to bring it in so that I could look at it closer. HARRIS: When you looked at this jewelry, was it Detective Grogan that was with you? WOLSKI: Yes, Craig Grogan. HARRIS: When you were with Detective Grogan, did he show you some actual jewelry and did you look at those and recognize those? WOLSKI: Yes. HARRIS: I'd like to show you what's been marked as People's number 8, and we'll start with this. Take a second, take a moment to look at that. We'll give counsel a second to look and see what you have. Do you recognize any of items depicted in People's number 8? WOLSKI: There's a gold watch, a woman's watch with diamonds around the face. And it appears that there are two diamond necklaces, both of which I think I've seen Laci wear. HARRIS: To go through that, when you were asked to look at these photographs, black and white ones, did you go through and pick out the two diamond pendants that you see there in that photograph? WOLSKI: Well, I described them first. And then when I saw the photos, it would match the description, it appeared to be the same. HARRIS: Then you were shown the actual jewelry? WOLSKI: I believe so. HARRIS: The same thing with the watch. Did you look at the black and white photograph, look at that particular watch and identify it and then look at the actual item? WOLSKI: Yes, there was more than one watch, and when she came to the studio wearing the jewelry, HARRIS: Referring to Laci? WOLSKI: Laci. HARRIS: All right. WOLSKI: When she came to the studio wearing the jewelry, it was uncommon to wear jewelry to the studio, and so much jewelry, that I had asked her about it. HARRIS: About the jewelry that she was wearing? WOLSKI: Yes. HARRIS: Let's go back through that. At some point in time did you see her with a significant amount of jewelry that she was wearing? WOLSKI: Yes. HARRIS: And did she indicate that she was taking it someplace after the class? WOLSKI: My first question was is it real, because they were stunning. The diamonds were very nice quality. And she blushed, said Yes, they were real, that she had gotten them out of the safe deposit box, that they had belonged to her grandmother, that she was going to have them appraised later that afternoon or after the class, she didn't want to leave them in the car. Which was apparent, they were worth a considerable sum of money, I'm sure. GERAGOS: Objection. JUDGE: No question pending. GERAGOS: Non-responsive. No question pending. HARRIS: Was this information relayed to Detective Grogan as part of the process of looking at the jewelry? WOLSKI: Yes. HARRIS: And when you were done looking at the, the black and white photographs and looking at the actual pieces of jewelry that you identified for the detective, that you're describing there, People's number 8, did he also ask you to look at another watch? And let me just refer to it as the eBay watch? WOLSKI: Yes. HARRIS: I'd like to show you what's been marked as People's number 4, a two page document. Turning to the second page, the large photograph. WOLSKI: Uh-huh. Yes, I remember seeing this picture. HARRIS: And did you tell Detective Grogan that that was not a watch you had seen Laci wearing? GERAGOS: Objection. It's leading. JUDGE: Sustained. HARRIS? Did you identify that watch for the detective? WOLSKI: No. I don't believe this is the watch she had on that day that she was wearing so many diamonds. HARRIS: The People have no other questions.
Cross Examination by Mark Geragos GERAGOS: Ms. Wolski, the first time you contacted the police was on December 28th, is that correct? WOLSKI: Yes. GERAGOS: You phoned a tip line? WOLSKI: Yes. GERAGOS: You told the tip line that Laci was taking prenatal classes, is that correct? WOLSKI: Correct. GERAGOS: That she didn't show up on Thursday or Friday for her Lamaze class? WOLSKI: I didn't call it a Lamaze class, I called it a prenatal class. GERAGOS: Okay. You didn't tell the person it was a Lamaze class? WOLSKI: Correct. GERAGOS: Okay. And you were not aware that she was missing until you saw a flyer, is that correct? WOLSKI: On Friday the 27th. GERAGOS: Okay. And you called the following day at about 10:16 in the morning? WOLSKI: Correct. GERAGOS: And you said you told the operator that two weeks ago, would have been on about the 14th? WOLSKI: It was either on Monday, Wednesday or Friday. GERAGOS: She was wearing a fortune in diamonds, correct? WOLSKI: Yes. GERAGOS: That she had just gone to the safety deposit box, was going to have the jewels appraised at possibly Edwards Jewelers there at the shopping center? Is that what you told him? WOLSKI: I didn't, I don't remember mentioning the name of the jeweler, but she said here in the center. GERAGOS: The, did you tell, I'm going to show you Bates stamp number 14784. Did you tell the person on the phone that she has gone possibly to Edwards Jewelers? WOLSKI: There are two jewelers in McHenry Village. GERAGOS: No, I'm not asking you that question. I'm asking you if you can remember what did you tell the person who was on the phone? JUDGE: That's the issue, is what you said. WOLSKI: Okay. JUDGE: Do you recall if you said Edwards Jewelers? WOLSKI: I do not recall saying Edwards Jewelers. I remember saying a jewelry store in McHenry Village. GERAGOS: Okay. That's the first time you, WOLSKI: There is, GERAGOS: called in? WOLSKI: I maybe said, GERAGOS: Hold on. JUDGE: Let her finish her answer. What was the rest of your answer? WOLSKI: That possibly Edwards, maybe I did suggest it. JUDGE: Okay. WOLSKI: But Laci didn't say that. GERAGOS: Okay. I'm not asking you that yet. I'm going to try and take it through as to what you told the police first, okay? WOLSKI: Okay. GERAGOS: The, so on the first time that you called the police, you could have said possibly Edwards Jewelers, is that correct? WOLSKI: Yes. GERAGOS: Okay. And then did you also tell them, the police, in that first time that Laci told you that there were more jewel, there was more jewelry but you couldn't, she couldn't wear them all at the same time? WOLSKI: Yes. GERAGOS: Okay. Did you also tell the police that Laci said she wasn't comfortable leaving them in the car because one ring was seven carats total weight? WOLSKI: She said she wasn't comfortable leaving them in the car, period. GERAGOS: Okay. WOLSKI: I added that one ring was approximately seven carats total weight. I was only guesstimating. GERAGOS: That's what you told the police? WOLSKI: Yes. GERAGOS: Okay. And did you tell them that the jewelry that you saw her, on her, included diamond earrings, diamond watches, plural, diamond necklaces, plural? Is that what you told the police? WOLSKI: I told them she had on earrings, one carat each ear, that she had a pendant that was between one and a half and three carats, that she had on a diamond watch, singular, and that the ring on her right hand was approximately seven carats total weight. GERAGOS: I'm going to ask you to take a look once again at 14784, which purports to be the phone call that you made at 10:16. Could you read that portion right there to yourself? WOLSKI: Uh-huh. Okay. GERAGOS: Have you read it to yourself? WOLSKI: Yes. GERAGOS: Okay. Does that refresh your recollection as to what you told the police when you called? WOLSKI: She did not have on multiple watches. JUDGE: Excuse me, you have to answer yes or no. Does it refresh your recollection? GERAGOS: Does it refresh, JUDGE: Does it refresh your recollection as to what you told the police? WOLSKI: There is no doubt in my mind what I told the police. JUDGE: Okay. Excuse me. WOLSKI: So if that would be a yes, JUDGE: The question, you've got to answer, WOLSKI: Okay. JUDGE: you have to be responsive to the question. The question Mr. Geragos asked you was does that refresh your recollection as to what you told the police? You can say yes or no, and then explain it if it's proper. WOLSKI: No. GERAGOS: Okay. So you did not tell the police that the jewelry that she was wearing included diamond earrings, plural, diamond watches, plural, and diamond necklaces, is that correct? WOLSKI: I did not say plural on watches. GERAGOS: Okay. WOLSKI: She had on one watch. GERAGOS: Now, then at some point that day, did you get a call back from somebody, purporting to be from the police, over the phone? WOLSKI: Yes. GERAGOS: Okay. And that person interviewed you over the phone, correct? WOLSKI: Correct. GERAGOS: Okay. And you told them that you were a part owner of the Village Yoga Center in McHenry Village? WOLSKI: Yes. GERAGOS: You told them that you're also Laci Peterson's prenatal yoga class instructor? WOLSKI: Yes. GERAGOS: That Laci enrolled in the class during her first trimester, however she did not feel well during that time and did not continue with her sessions? WOLSKI: Correct. GERAGOS: Okay. You told them during her second trimester she started to attend classes regularly? WOLSKI: Yes. GERAGOS: That her classes were on Wednesdays and Fridays from 11:30 to 1:00 o'clock in the afternoon? WOLSKI: Correct. GERAGOS: You said recently Laci attended a yoga session with approximately 50,000 dollars' worth of diamonds on? WOLSKI: That was my guesstimate. GERAGOS: That you couldn't remember the exact date, but you thought it was either Wednesday, December 4th or Wednesday, December 11th? WOLSKI: Yes. GERAGOS: That you said Laci usually wore a half carat diamond earring, correct? WOLSKI: Correct. GERAGOS: A half carat diamond cross? WOLSKI: She only wore the cross once. GERAGOS: Okay. Did you tell the police that that's what she usually wore? On that date, on the 28th when they called you back after you had phoned the tip line? Is that what you told them? WOLSKI: Possibly. GERAGOS: Okay. And a modest diamond wedding ring set? WOLSKI: Yes. GERAGOS: Did you say that Laci always wore the same clothes to the workout, which were a white stretchy top, black stretch pants, and a red zip-up fleece vest? WOLSKI: Yes. GERAGOS: Did you say that on the particular day that Laci came in wearing approximately $50,000 worth of diamonds she was wearing one carat diamond solitaire earrings, WOLSKI: Yes. GERAGOS: a single brilliant cut two to three carat diamond necklace and a diamond ring? Is that what you told them? WOLSKI: And a watch. GERAGOS: Okay. Did you tell them that she was wearing a watch? WOLSKI: Yes. GERAGOS: Okay. Have you reviewed your reports that have been prepared, WOLSKI: Yes, I have. GERAGOS: Did you see anywhere in the 12/28 where there was a mention of a watch? WOLSKI: Yes, I read that. GERAGOS: You saw the watch? Here's the description right here. This is 24213 where you gave what's the jewelry list. Do you see that anywhere? WOLSKI: About the watch? GERAGOS: Yeah. HARRIS: It would be in the previous document. WOLSKI: It was in the first one you showed me, remember? GERAGOS: Right. I'm asking you about the phone call that was after your first tip line. Did you get interviewed? Do you remember that interview on that next, on that same day? WOLSKI: Uh-huh. GERAGOS: Okay. Did you tell them about the watch? WOLSKI: It doesn't appear that I did on that day. GERAGOS: Okay. Did you also say that Laci, let's see, had a ring that was approximately seven carats? WOLSKI: Yes. GERAGOS: A three carat diamond stone in the middle, two diamond stones on each side? WOLSKI: Yes. GERAGOS: And beneath it was a row of half-carat diamonds? WOLSKI: It was a guesstimation on the sizes. GERAGOS: Right, I understand that. WOLSKI: I did not scrutinize it. GERAGOS: I understand that, but is that what you told the police? WOLSKI: Yes. GERAGOS: Okay. And did you say that Laci had told you that she was, that the jewels were real? Is that correct, the diamond were real? WOLSKI: Yes. GERAGOS: And that she had gotten them from the safety deposit box? WOLSKI: Yes. GERAGOS: And that the diamonds were her grandmother's? WOLSKI: Yes. GERAGOS: Okay. And that the diamond ring looked huge on Laci's hand? WOLSKI: Yes. GERAGOS: And that she was going to break the ring into smaller rings and was going to have one made for her sister for her engagement ring? WOLSKI: Yes. GERAGOS: That's what Laci told you? WOLSKI: Yes. GERAGOS: Okay. And she told you that after the yoga class she was going to go have the jewelry appraised? WOLSKI: Yes. GERAGOS: And she was wearing the jewelry because she didn't want to leave them in the car during the class? WOLSKI: Yes. GERAGOS: Okay. And she told you that she was in the process of putting her grandfather in a nursing home? WOLSKI: Yes. GERAGOS: That she was going to sell his house and all of his furniture? WOLSKI: Yes. GERAGOS: And then you told Laci that if there was any antique furniture, you would be interested in buying it, correct? WOLSKI: Yes. GERAGOS: Laci told you there was a lot of it and that her grandfather was well off, is that correct? WOLSKI: Yes. GERAGOS: Now, you told the police on that day, on the 28th, that the only exercise Laci got was when she walked her dogs every morning, correct? WOLSKI: No. GERAGOS: So when the police wrote Laci told Wolski that the only exercise that she got was when she walked her dogs every morning, they just made that up? WOLSKI: That is not what I said. GERAGOS: Okay. Did you tell them, WOLSKI: I, JUDGE: Wait a minute. You want to explain your answer? WOLSKI: Uh-huh. JUDGE: Go ahead. WOLSKI: The only exercise Laci was getting was coming to the studio. GERAGOS: So somebody who interviewed you, do you remember who it was who interviewed you? WOLSKI: A female. GERAGOS: Okay. Did she just, she just manufactured this statement that the only exercise Laci got was when she walked the dogs every morning? WOLSKI: I don't know. HARRIS: Objection. That's, GERAGOS: Did you tell, did you tell, JUDGE: Wait, Mr. Geragos, there's an objection. What's the objection? HARRIS: Objection was improper impeachment. Speculation as to what this other person did. JUDGE: Well, GERAGOS: She just testified she didn't, JUDGE: I know. I know that, but I'm going to sustain the objection as argumentative. GERAGOS: Did you tell the police that Laci told you some days she walked farther than other days? WOLSKI: No. GERAGOS: Did you say that in early December Laci told you she was getting light-headed and dizzy and at one time during her walk she had to turn around and go back home? WOLSKI: Yes. GERAGOS: Did you tell them that she described the feeling as being a like a hot flash? WOLSKI: No, she described the feeling as being light-headed and dizzy. GERAGOS: No, I'm asking you whether you told the police this on December 28th? WOLSKI: On December 28th I told them she some gotten light-headed and dizzy and was not walking her dog. GERAGOS: Did you ever tell them that the only exercise she got was when she was walking her dogs every morning and that some days she went further than other days? WOLSKI: Some days she went further, JUDGE: Ms. Wolski, the question is, WOLSKI: Just yes or no? JUDGE: what you told the police. GERAGOS: Is that what you told the police, is the question. Is that what you told the police on the 28th, what I just showed you in the police report? JUDGE: If you don't remember, you can say that. WOLSKI: That's exactly right. I don't remember saying that. JUDGE: Next question. GERAGOS: Now, the last time you saw, did you tell the police the last time you saw Laci was December 13th? WOLSKI: December 20th. I saw that in the statement. It's not correct. I pointed it out. GERAGOS: Did you tell them that you had asked Laci if her husband was excited about the baby and that she told you her husband was very excited? WOLSKI: That's also not correct. GERAGOS: Okay. Now, you then got interviewed, and that was on December 28th. That was your first interview, correct? WOLSKI: December 20th was the last time, GERAGOS: December 28th. WOLSKI: 28th. Yes. GERAGOS: Okay. Then some time in March you talked to Detective Grogan, is that correct? WOLSKI: Yes. GERAGOS: Okay. And that's, you told Detective Grogan that Laci attended all of her classes and that the last class was on December 20th, correct? Isn't that what you told Detective Grogan on March 20th? WOLSKI: That her last class was on the December 20th? GERAGOS: Yeah. WOLSKI: Yes. GERAGOS: Did you say that she may have actually attended more than ten classes? WOLSKI: Yes. GERAGOS: Did you say that she usually, that you usually had students sign in before class, but that you estimated Laci might have attended one or two classes more than the ten allotted by the card? WOLSKI: Yes. GERAGOS: Did you say that you did not get to know Laci that well? WOLSKI: Yes. GERAGOS: Did you say that you recalled asking if her husband was excited about the baby and Laci responded yes but you told Detective Grogan that you thought it was a very weak response? WOLSKI: I remember getting no response. GERAGOS: Okay. So when you said it on the 28th, you said that she, Laci said that her husband was very excited, and three months later you got no response? HARRIS: Objection. GERAGOS: Is that what your memory was? HARRIS: Objection. WOLSKI: No. JUDGE: Overruled. Go ahead. GERAGOS: No, that wasn't your memory? I'm just asking is that not your memory? WOLSKI: May I speak? JUDGE: Yeah, you can, GERAGOS: You can answer the question. JUDGE: Let me direct the witness, Mr. Geragos, not you. You can answer the question. WOLSKI: Okay. JUDGE: Explain your answer. WOLSKI: I would like to, for a moment. JUDGE: Go ahead. WOLSKI: Part of the reason that I didn't get to know Laci better, she was always a little bit, GERAGOS: Objection, it's, WOLSKI: late. GERAGOS: non-responsive. JUDGE: That wasn't the question. WOLSKI: Okay. JUDGE: You want to read, WOLSKI: Can I ask GERAGOS: Can I reask the question? JUDGE: Reask the question. Listen to the question, Ms. Wolski. WOLSKI: Okay. JUDGE: Otherwise, if you keep digressing from the question, then you'll be here a lot longer. WOLSKI: Okay. JUDGE: Ask the question again. GERAGOS: I'm going to go into a different subject. JUDGE: All right. GERAGOS: Now, you, you, did you tell Detective Grogan on March 20th that on or about December 4th that, or possibly a class in late November, that Laci had mentioned she had gone for a walk at the park and she had become dizzy she had shortened her walks and you suggested that she drink more water? WOLSKI: Yes. GERAGOS: Okay. And Laci did not mention walks again, is that what you told Detective Grogan? On the 20th? WOLSKI: I don't remember. JUDGE: You don't remember. Okay. GERAGOS: Let me show you Detective Grogan's report. WOLSKI: There were, GERAGOS: This would be, if you could hold on for one second. It's a March 20th of 03 report. Could you read that silently to yourself. WOLSKI: Uh-huh. GERAGOS: Okay. You finished, does that refresh your recollection as to what you told Detective Grogan? WOLSKI: No. GERAGOS: Laci did not mention walks again and due to the fact it was cold, wet and foggy, Wolski assumed Laci had stopped walking. You, you never said anything like that? WOLSKI: She told me she had stopped walking her dog. GERAGOS: You never mentioned that to Detective Grogan on March 20th, WOLSKI: There were several things in there that were not correct, and I pointed it out. Like the last time I saw her was not the 13th, so I, I did not type it personally. I don't know how, GERAGOS: Did you, WOLSKI: the incorrect information got there. GERAGOS: Yeah. You didn't say to Detective Grogan Laci did not mention walks again and due to the fact it was very cold you assumed she had stopped walking? WOLSKI: I did assume she had stopped walking because of our conversation about, GERAGOS: You never, WOLSKI: her dizziness. GERAGOS: And you never said she didn't mention walks again? WOLSKI: I don't remember. GERAGOS: Okay. Now, you also described the clothing that she wore as black stretch pants, white shirt, long sleeves, white tennis shoes and a red fleece vest, correct? WOLSKI: In the winter, yes. In the cold months. GERAGOS: Okay. And you described what she was wearing on December 4th, do you remember that? WOLSKI: It would have been the same. The white shirt, the black stretch pants, the red fleece vest. GERAGOS: And you said she was wearing a gold watch with diamonds around the face, correct? WOLSKI: Yes. GERAGOS: A modest wedding ring set? WOLSKI: Yes. GERAGOS: A large wedding set on her right finger? WOLSKI: Yes. GERAGOS: A gold chain with a diamond solitaire of two carats? WOLSKI: Approximately. GERAGOS: And a set of diamond earrings, right? WOLSKI: Yes. GERAGOS: Okay. Then you say the last date that she attended was the 20th of December, right? WOLSKI: Correct. GERAGOS: And on that date she was wearing diamond stud earrings, right? WOLSKI: I think she had the half carats on the last time I saw her. GERAGOS: You described it as one quarter to half-carat diamond earrings? WOLSKI: Yes. GERAGOS: And you described her as wearing a half-carat earring with a diamond solitaire on a gold chain? WOLSKI: Yes. GERAGOS: And that's your memory of December 20th, correct? WOLSKI: My memory, that's not all of my memory of December 20th. GERAGOS: Of what she was wearing, WOLSKI: Yes. GERAGOS: on December 20th? WOLSKI: Yes. GERAGOS: Also the, I'm going to show you also, which is on the March 20th date. Can you read that sentence? WOLSKI: Yes. GERAGOS: Okay. Now, you, it was your memory that the diamond solitaire pendant, the one, the half-carat one that you described? WOLSKI: Yes. GERAGOS: That she wore that frequently, and she wore it prior to receiving her grandmother's jewelry, correct? WOLSKI: Yes. GERAGOS: And you told the police that? WOLSKI: Yes. GERAGOS: Then the next time you talked to the police was in November of 2003, is that correct? WOLSKI: The last time? GERAGOS: No. The next after that March 20th date. You called back Grogan, let me show you a report. This is Bates number stamp 31079. WOLSKI: Okay. GERAGOS: Does that refresh your recollection as to the next time you talked to the police? WOLSKI: Yes. It was right after Thanksgiving, or just before Thanksgiving that year. GERAGOS: November 4th of 2003? WOLSKI: Yes. GERAGOS: Does that sound right? WOLSKI: Yes. GERAGOS: Okay. Now, at that point you told Detective Grogan that you recently recalled that during her conversation with Laci, meaning yours, that Laci had dizziness when walking, is that correct? WOLSKI: Correct. GERAGOS: And you said that Laci had advised you that she carried her cell phone with her when she walked, is that correct? WOLSKI: Yes. GERAGOS: And that was the first time you'd ever mentioned that to any of the detectives, correct? HARRIS: Objection. Vague as to the cell phone or the, GERAGOS: The cell phone. JUDGE: The cell phone. Is that the first time you ever told the police about the cell phone, Ms. Wolski? If you can recall. WOLSKI: I, I don't remember if that was the first time. I wanted to make sure that it was included. GERAGOS: And, WOLSKI: If I hadn't mentioned it before. GERAGOS: Okay. And the detective asked you if the media coverage of the preliminary hearing had somehow caused you to call with this information, isn't that correct? WOLSKI: Yes. GERAGOS: Okay. And that was, when you phoned up, that was right during the preliminary hearing, wasn't it? WOLSKI: I don't remember. Okay. May I have one moment, your Honor? JUDGE: All right. <pause> GERAGOS: Oh, you mentioned on direct with Mr. Harris you discussed with Laci Peterson about going on uneven surfaces. Did you ever tell anybody that before you came in here today? WOLSKI: I don't remember. GERAGOS: Is it a fair statement that that's a no? WOLSKI: I don't remember if I mentioned it when I first called the police. And they probably didn't ask me, so perhaps I didn't volunteer it. GERAGOS: You've looked through all of their reports that are, WOLSKI: There were some inconsistencies that I pointed out this morning. GERAGOS: Well, there's, nowhere in any of these reports does it mention that, does it? In any of the reports that you reviewed? WOLSKI: There were other inconsistencies that shouldn't be there. GERAGOS: No, JUDGE: No, Ms. Wolski. The question is is that statement that you said that she had difficulty walking on uneven surfaces, is that included in any of those reports that you reviewed prior to your testimony here today? WOLSKI: I don't think so. JUDGE: All right. Thank you. GERAGOS: And on December 20th, did she talk to you about coming back from Carmel within the last couple of days before that appointment? WOLSKI: No. GERAGOS: Did she tell you that she had been walking in Carmel? WOLSKI: No. GERAGOS: Okay. And can you tell me was there anywhere in any of these reports that you saw that Laci, or that you said that Laci needed help getting to her car? Anywhere in any of those reports? WOLSKI: No. GERAGOS: And did you tell anybody before you got in front of this jury today about that story? WOLSKI: Yes. GERAGOS: Who? WOLSKI: The first time I called the tip line. GERAGOS: And it didn't make it into the, into the report? WOLSKI: I don't know who I was talking with. GERAGOS: And how about the second time when you talked to Officer Grogan? WOLSKI: I answered, GERAGOS: No, the second time is when you had a phone conversation. WOLSKI: There was a phone conversation, yes. GERAGOS: Right. And it didn't make it into that report, correct? WOLSKI: It should have. GERAGOS: It didn't make it into Grogan's report on the 20th of March? WOLSKI: I told people about it. GERAGOS: Okay. WOLSKI: About her condition on the 20th. GERAGOS: Okay. Did you ever tell the DAs about it? WOLSKI: Yes. GERAGOS: When did you tell them? WOLSKI: I believe it would be February of this year. GERAGOS: Thank you. I have no further questions. I would like to address the court outside the presence of the jury.
Redirect Examination by David Harris HARRIS: Ms. Wolski, you were mentioning that there were some inconsistencies in the reports, and I want to go through that. Counsel was asking you about the first document, showing you what was from the tip line, and that was on 12/28? WOLSKI: Correct. That would be the Saturday after Christmas. HARRIS: And then he, he was asking you about 12/28 you had an interview with a female officer from the Modesto Police Department? WOLSKI: Yes. HARRIS: And he was asking you if you said it was, I believe the dates were 12/4 and 12/11, he was asking you about that. I'd like to show you Bates number 2422. Look at the ends of that particular report by Officer Blom. If you look at that last line, in that particular report, did it make it into the report, kind of as an addendum at the end, that you had called back with the correct dates after checking your records? WOLSKI: Yes. HARRIS: So let's go through that. WOLSKI: Okay. HARRIS: When you called on the tip line and you talked to Officer Blom about this, you told him you had records and you checked them to make sure that your dates were accurate? WOLSKI: Correct. HARRIS: And after you checked your records you called back on the 28th to correct any misunderstanding about what dates you were talking about? WOLSKI: I don't think so. HARRIS: Did you write in, or did you tell them what dates that she had attended? WOLSKI: Yes. HARRIS: And is that written at the bottom of that particular report? WOLSKI: Yes. HARRIS: What dates did you tell them that, WOLSKI: I told them that she was there Wednesday, December 4th, Friday, December 13th, and Friday, December 20th. HARRIS: With regards to the, the watches, plural, singular, we won't get into that, you saw the document from the tip line on 12/28 where you were asked whether it said watches, WOLSKI: Yes. HARRIS: and you indicated you didn't type that. Is it in that document that you told the Modesto Police Department at 12/28 Laci was wearing a watch? WOLSKI: Yes. HARRIS: And the next report, which is the 12/28 one that you're looking at, you don't see it documented in that, GERAGOS: There's an objection. It's improper to ask her about the reports other than to refresh her recollection. He's got an officer that can testify to that. JUDGE: No, he can get into that. Overruled. HARRIS: Do you recall talking to the officer and describing that she was wearing a watch? WOLSKI: I would like to say yes, but I don't remember. HARRIS: Then after you had that conversation, you called back later on the 28th, gave the, as best accurate information about the classes that you had available to you, correct? GERAGOS: Objection. Leading. JUDGE: Sustained. It's a leading question. HARRIS: After the 28th, you talked to Detective Grogan a few months later? WOLSKI: Yes. HARRIS: When you, you were asked by counsel about these pendants, I want to go through that real quick. If I can have marked as next in order Bates stamp 924. JUDGE: All right. People's number 67. GERAGOS: I'm sorry, Judge, what exhibit number did you give it? JUDGE: 67. GERAGOS: Okay. JUDGE: You want, something to describe it for the record? What is it? HARRIS: This is a black and white photograph attached to Detective Grogan's report, has Ms. Wolski's handwriting. JUDGE: Is there a date? HARRIS: There is no date on this. JUDGE: And, Mr. Geragos, I assume you've seen this. GERAGOS: Well, I have, and I do have an issue with it, but I think Mr. Harris is going to try to lay a foundation. JUDGE: All right. HARRIS: Ms. Wolski, I'm going to present you number 67. Kind of getting cluttered up here so we'll take some of these away. Give you a chance to look at that. That's a copy of a document, and on that document do you see your initials? WOLSKI: Yes. HARRIS: And when you were asked to look at the photographs by Detective Grogan, did he have you initial the pages that you looked at? WOLSKI: Yes. HARRIS: And is that one of the pages that you looked at? WOLSKI: Yes, sir. HARRIS: And off to the right side of the photograph that's on that document, does it have something written? WOLSKI: Yes. HARRIS: And what is written there? WOLSKI: "Worn frequently." HARRIS: Who wrote that? WOLSKI: I think Detective Grogan. HARRIS: And was that after you had told him something? WOLSKI: That it appeared to be the one that she wore quite often. HARRIS: And we're referring to the second diamond pendant? WOLSKI: The smaller one, yes. HARRIS: The smaller one? I know that picture's kind of hard to see, but what's depicted in People's number 67, does that appear to be the same pendant that is depicted in People's number 8? That would be to, WOLSKI: The left. Yes. HARRIS: your left. The People have no other questions.
Recross Examination by Mark Geragos GERAGOS: Is that how they showed it to you? Number 67? Or did you see a color picture? WOLSKI: I saw this picture at first. GERAGOS: Could you, that's the picture that you were shown to identify? Let me just put it up. So you were asked by Detective Grogan to take a look at this picture right here, just like that? WOLSKI: Yes. GERAGOS: And then Mr. Harris just asked you to compare that to this item, I think, right here? WOLSKI: Yes. GERAGOS: And asked you if those two looked the same? WOLSKI: Yes. GERAGOS: Okay. And you're basing that on what? The comparison. WOLSKI: That they're similar in size and shape. GERAGOS: She had two diamond pendants, didn't she? That you were aware of? WOLSKI: Yes. GERAGOS: That she wore on a chain? WOLSKI: Yes. GERAGOS: One was approximately, as you described, a half carat, is that correct? WOLSKI: Correct. GERAGOS: The other one was, as you described, I think two to three carats? WOLSKI: I said one and a half to two or three carats. I didn't ogle it. I only admired it and mentioned. GERAGOS: A gold chain with a diamond solitaire of about two carats, correct? WOLSKI: Okay. Yes. GERAGOS: And the other one that you saw her wear frequently was a half-carat pendant with a diamond solitaire on a gold chain, right? WOLSKI: Yes. GERAGOS: The other comment that you made today about the walking on uneven surfaces, did you ever tell that to the DAs prior to today? WOLSKI: I don't remember. GERAGOS: Did you tell it to the cops prior to today? WOLSKI: I hope so. GERAGOS: Thank you. I have no further questions. JUDGE: May this witness be excused? HARRIS: No objection. GERAGOS: Subject to recall. JUDGE: Of course. That's our stipulation. All right, Ms. Wolski, thank you very much. |