The State's Case:  Jun 1 - Oct 15, 2004

Tuesday, 1 Jun 2004

In-Camera session to discuss Geragos' objection, based on Judge Girolami's ruling on the mtDNA hair evidence

When Distaso first mentioned the hair in the pliers, he said it was Laci's.  Geragos objected based on Judge Girolami's ruling.  An in camera hearing was held to review Girolami's ruling.  When Distaso convened his Opening Statement, he informed the Jury that he had misspoken, that the hair was ruled out for Scott but not ruled out for Laci. 

Wednesday, 2 Jun 2004

Diffusing Amber as a motive, Geragos provided some statements Scott made in a conversation with Amber taped on Jan. 6, when Scott did not know he was being taped.  He repeatedly expressed his love for Laci and his desire to have her safe return.

Prosecution Witness #1:  Margarita Nava, Housekeeper  Testimony 

People's 1 A-PP: Binder of Photos taken during the search on December 26 & 27, 2002 [A-O, P-BB, CC-JJ, KK-PP]
People's 1B: PHOTO OF TWO WINDOWS IN FRONT OF HOUSE. 

Thursday, 3 Jun 2004

People's 2:  Trader Joe's Receipt for Laci's 12-23-02 purchase

Prosecution Witness #3:  Tina Maria Michelle Pope Reiswig, Manicurist Sweet Serenity Day Spa  Testimony

People's 6:  COPY OF PHOTO SCOTT AND LACI AT "THE LODGE"

Prosecution Witness #4:  Michelle Buer, Owner Sweet Serenity Day Spa  Testimony

People's 5:  COPY OF PHOTO SCOTT AND LACI AT BEACH

Prosecution Witness #5:  Laurie Wesenberg, Manager Salon Salon  Testimony

Exhibits Introduced

People's 3 - BINDER OF SALON SALON WITH PHOTOS (3A-O)
People's 3A-FRONT ENTRANCE TO SALON
People's 3B- SALON WAITING AREA
People's 3C- SALON WAITING AREA
People's 3D- SALON WAITING AREA (WALK THROUGH)
People's 3E- SALON COMING THROUGH FRONT DOOR
People's 3F- SALON WAITING AREA
People's 3G- SALON WORK STATION
People's 3H- SALON WALK WAY - DRYER AREA
People's 3I- WORK STATION W/OWNER CHRIS JOHNSON
People's 3J- WORK STATION W/OWNER CHRIS JOHNSON
People's 3K- SALON WAITING AREA
People's 3L- BLACK COUCH/DRYER AREA
People's 3M- CHRIS JOHNSON WORK STATION
People's 3N- CHRIS JOHNSON, WORK STATION (CAMERAS MARKED)
People's 3-O - SALON LOOKING OUT FRONT DOOR.

Prosecution Witness #6:  Christopher Johnson, Owner Salon Salon  Testimony

Johnson remembered Salon Salon having at least a 14-day cycle of surveillance tapes, but yielded to Wesenberg's knowledge of the system in place on Dec. 23.  He also mentioned a digital recording system, but said MPD never asked to see it.  He recalled Laci wearing a dark top and light colored pants that contrasted with the black couch he saw her sitting on.  He didn't recall the date he talked to Grogan, but Distaso produced a report dated January 17.  MPD also inquired about Amy's timecards and her inheritance.

Prosecution Witness #7:  Amy Rocha, Laci's half-sister  Testimony

Exhibits Introduced

People's 14:  PHOTO OF LACI PETERSON AT CHRISTMAS PARTY

People's 7: CLOTHES HAMPER WITH CLOTHES (MATERNITY BLOUSE PEOPLE'S 10)

Monday, 7 Jun 2004

Prosecution Witness #8:  Sharon Rocha, Laci's Mother  Testimony  

EXHIBIT 23 - TAPE OF PHONE CONVERSATION WITH SHARON ROCHA AND SCOTT ON 2/13/03.
EXHIBIT 23A - TRANSCRIPT OF TAPE EXHIBIT 23.
EXHIBIT E - PHOTO OF NURSERY
EXHIBIT F - PHOTO OF NURSERY

Tuesday, 8 Jun 2004

EXHIBIT G1: EMAIL FR: BOB FORD TO:RON CLOWARD 1/6/03 RE COVENA ACCESS TO THOUSAND OAKS PARK AND TRAIL
EXHIBIT G2: EMAIL FR: BOB FORD TO:DUANE FREDERICK 11/11/02 RE COVENA ACCESS TO THOUSAND OAKS PARK & TRAIL

Prosecution Witness #10:  Brent Rocha, Laci's Brother  Testimony

Prosecution Witness #11:  Rose Marie Rocha, Brent's wife  Testimony

Prosecution Witness #12:  Sandy Rickard, Sharon's best friend  Testimony

Prosecution Witness #13:  Gwendolyn Mae Kemple, Sharon's 1st cousin Testimony

Kemple and her husband Harvey were hosting a dinner part of about 15-20 when Ron called about 6:30 to ask their help. She talked to Scott a couple times, asking him what Laci was wearing, what she was doing, where he was.  He told her she was wearing black pants, white long sleeved top, tennis shoes.  She asked if those clothing items were in the house and he said he didn't know.  She asked if Laci had on a jacket, and he said he didn't know.  She asked, Do you know if she has a jacket missing.  No, he didn't know.  Kemple said Scott wouldn't look at her, just answered the questions matter of fact.  This was about 10-10:30 pm on the 24th.  She saw Scott again the next day, 8:30 am at the house.  Scott was in the kitchen standing around from 8:30-11:30.  He talked on the phone to his dad.  Back in November 2002, Laci was tutoring her grandson TJ and she spoke to Scott, telling him he needed to get ready for the job he had to do, referring to being a dad.  She asked him if he was going to teach Conner to play football, No. Baseball? No.  She said he told her he had friends that would do that. 

Wednesday, 9 Jun 2004

Prosecution Witness #14:  Harvey Kemple, Husband of Gwen Kemple Testimony

Prosecution Witness #15:  Karen Servas, Peterson's neighbor  Testimony

Last time Servas saw Laci was on Dec 22, in the afternoon, she went over to ask Scott to come and help her straighten out her Christmas tree.  She said they were mowing the lawn together, him doing the mowing and when she went over they were already in the back yard transplanting some perennials.  She said Scott was doing the work and Laci giving the instructions.  She said Laci did a lot of work around the yard.  Laci told her about an incident a few weeks earlier when she almost fell into the pool because she felt teetery and off balance.

She didn't hear any unusual noises on the night of the 23rd or the morning of the 24th. 

Exhibits Introduced

EXHIBIT 27 - BINDER KAREN SERVAS-MCKENZIE 12/24/02
EXHIBIT 27B - KAREN SERVAS HOUSE - COVENA STREET
EXHIBIT 27C - PHOTO KAREN SERVAS HOUSE
EXHIBIT 30 - NOTE TO DET. BUELLER FROM KAREN SERVAS, DATED 1/3/03

Prosecution Witness #16:  William Austin, Owner Austin's Christmas Store  Testimony

Prosecution Witness #17:  Amie Rachel Krigbaum, Peterson's neighbor Testimony

Prosecution Witness #19:  Susan Aquino, Laci's maternal aunt  Testimony

Some sparring between her and Geragos. She was saying the 24th when she meant the 25th, and Geragos was asking her about 12-1 on the 24th she was at Scott's house, and she was getting mad at Geragos. The Judge intervened to calm her down, and straighten out that she meant the 25th Christmas day, when the officers came to the door. She had a disgusted look on her face as she walked out. Geragos established that only she and her husband heard Scott say that. Interesting, when she was saying she hardly knew the people at the house, she said, "I hardly know those people, I hardly know Scott."

Thursday, 10 Jun 2004

Prosecution Witness #21:  Susan Medina, Peterson's neighbor  Testimony

Prosecution Witness #22:  Byron Duerfeldt, MPD  Testimony

Duerfeldt arrived just as Evers, Letsinger, and Spurlock were concluding their initial walk-through.  He joined the three officers inside the house, near the front door.  After a very brief 5 minute discussion, Duerfeldt decided to call in a homicide detective -- very unusual, according to Duerfeldt.

He ordered officers to search vacant house next door, then back to search the park, and he was the only one left at the residence.  He called Brocchini, who was in the foothills, and he arrived about 10 pm.  Duerfeldt said at that time Scott was in front of the house, and the situation was chaotic, with family and friends very upset.  He  fielded the brunt of their questions.  He said Scott never asked him questions.  Order given to clear the park for the Helicopter about 8-8:30; helicopter using FLIR searched from 8:30-11:00.

Brocchini arrived and Evers briefed Brocchini. At 11 pm normal shift ended but officers were ordered to park to search. Family members were asked to leave the park, so they left to go make fliers and posters. At 12:30 Duerfeldt left the house. Brocchini was still there. That is the extent of his connection with the case.

Prosecution Witness #23:  Craig Wend, MPD  Testimony

Prosecution Witness #24:  John Hodson, MPD  Testimony

At 3:45 am on the Christmas morning, when he finished his regular shift, Officer John Hodson was dispatched to the Dry Creek Park to continue the search for Laci.  He, CSO Hodson, and Officer David Mullens went down into the Park at the pumphouse and started searching from the pumphouse west along the path.  Hodson took the river side, and Mullens took the other side, and the CSO drove the police car with the lights on so they could see.  They met  Lt. Bruce Able and Sgt. Scott Heller, who were working their way towards them.  They then worked eastward from the pumphouse to the end of La Loma Park, where there is a public restroom, and where the tennis courts are.  Hodson checked the restrooms, but found nothing.  They also searched the pumpstation.  Along the riverbank, Hodson encountered some homeless shelters.  He announced himself and the people came out to greet him.  He searched their encampments and their property.  They did complain that it was the third time that night they had been turned over by people looking for Laci.  The encampments were within a quarter to a third of a mile west of the path that leads into the Park from Covena.  The encampments are just about four or five hundred yards from the hospital on Scenic Drive, where Diane Campos worked at.  Geragos pointed out the route from the Covena path into the park, over the footbridge, down along Scenic, back across another footbridge into Kewin Park, up the stairs to Edgebrook, and then to Covena. 

Prosecution Witness #25:  David Corder, MPD  Testimony

Monday, 14 Jun 2004

Prosecution Witness #27:  Matthew Spurlock,  MPD  Testimony

Prosecution Witness #28:  Philip Williams, Mother's Work Inc.  Testimony

EXHIBIT 50: THE BLOUSE PICTURED IN PEOPLE'S 48 AND 49 FROM LACI'S CLOSET
EXHIBIT 51: PHOTO PANT TAGS (autopsy photo, sealed)
EXHIBIT 52: PHOTO PANT TAGS W/HIGHLIGHTED NUMBER (autopsy photo, sealed)

Tuesday, 15 Jun 2004

Prosecution Witness #30:  Lisa Martin, Medical Assistant OB/GYN  Testimony

4 employees of the OB/GYN office. Geragos did establish that the due date for Laci was corrected by the 20-week sonogram to Feb. 16. In answer to the Prosecution point that Scott didn't call Laci's doctor on the 24th, Geragos noted that neither did Sharon or Ron or Brent or Harvey, or anyone else concerned about Laci. 

Wednesday, 16 Jun 2004

Prosecution Witness #35:  Ron Cloward, MPD   Testimony

Thursday, 17 Jun 2004

Monday, 21 Jun 2004

Minutes

In Chambers Meeting on Juror #5 and Brent Rocha incident  Hearing   Ruling

Judge announced that the deal about Juror 5 was all fabricated by the media.  He questioned both Brent and Juror 5, separately, and their stories matched perfectly.  Geragos wanted entered into the record that the story put out by some media was a total fabrication.  Almost 100% was 100% false.  Delucchi said the in-chambers transcript would be released to the public, so everyone will know the truth. 
 

Prosecution Witness #44:  Stacy Boyers, Laci's friend   Testimony

Boyers said Scott didn't want any pictures of Laci that had him in them to be circulated to the media, and on Dec 25th when she was at the Covena house, he was vacuuming the area around the washer and dryer.  When she asked him why, he said he couldn't keep the house clean enough.  She didn't know about the affair at San Luis Obispo, or about Amber. 

On cross, Geragos asked how many people had been in and out of the house on the 24th and 25th, and the dogs and cats in and out.  He also brought ought Scott saying that he didn't want his picture out because he wanted it to be about Laci, not him.

Boyers also said that a party on November 20 is the first time she saw Laci wear the grandmother's jewelry -- she hadn't any at a party on November 14. The jewelry Laci was wearing on November 20 was very noticeable on her and attracted attention. At the party on December 14, she was not wearing the pendant, that is the one the jeweler said Laci always wore and wouldn't take it off.

Prosecution Witness #45:  Lori Ellsworth, Laci's friend  Testimony

Prosecution Witness #46:  Rene Tomlinson, Laci's friend  Testimony

2 more of Laci's friends. For the most part, the Prosecution used their testimony to demonstrate that Laci was too tired and too uncomfortable to be walking the dog on the 24th.  A point repeated several times is that Scott insisted that no pictures of Laci with him in them were to be distributed to the media.  When asked why, he said he wanted this to be about Laci, not about him. Lori Ellsworth revealed that Laci's friends were "invited" to attend Amber's press conference and that Amber spent that night at her house. After Amber's press conference, Buehler interviewed the friends all together to see what they remembered, looking back. 

Prosecution Witness #47:  Debra Wolski, Laci's Yoga Instructor   Testimony

She testified about the amount of jewelry Laci was wearing on one of her visits, the same day she was bringing it in to a jeweler to be appraised.  She estimated the jewelry to be worth about $55K.  She also testified about Laci's condition on Dec. 20, saying Laci was in pain and needed assistance getting to her car.  Laci told her the baby had shifted to a sideways position and asked her assistance to get him to shift back. The Defense scored a point with her testimony, though, as time after time when Geragos referred her to what a police report said she said, she would reply, I didn't say that, or I never told them that.  This is a recurring theme in this trial -- information put into police reports contradicted by the witnesses.

Tuesday, 22 Jun 2004

Minutes

Stipulation, Debra Wolski's testimony  Transcript 

"The first stipulation pertains to the testimony of Ms. Wolski, who testified yesterday. You remember the lady with the -- that was last. Here's the stipulation, the stipulation as it relates to Deborah Wolski's testimony: The parties stipulate that Deborah Wolski, the last witness who testified yesterday, never told anyone from the prosecution or the Modesto Police Department that Laci had to be helped to the car or had difficulty walking on uneven surfaces; okay? That's the first stipulation."

Stipulation, Videotaped interview between Brocchini and Scott  Transcript

"The parties stipulate that only the relevant portions of the videotaped interview between Det. Brocchini and Scott Peterson will be shown to you, the Jury."

Prosecution Witness #48:  Allen Brocchini, MPD  Testimony

Most of Brocchini's testimony is simply a recap of his Preliminary Hearing testimony -- necessary to get it into the court record.  Some new information came out today, though.  We now know what happened to that pizza that was out on the counter when the police first arrived at the home but not when the photos were taken later that night.  Simple enough, Scott put it back in the fridge.  We also learned that March 28, 2003 was an important day for Amber -- as Scott made note of it in both his notebook and day planner.  Finally, we learned that Ron Frey called Scott.  It was listed as one of the last 10 phone calls on one of Scott's cell phones on February 18. 

We saw some damage control.  We now have Brocchini's explanation for not noticing that meringue was mentioned on the Dec. 24 Martha Stewart show -- it was mentioned only once and he didn't have the written transcript at the time.  And he testified about the financial records and the suggestion to Trade Corps that they audit Scott. 

We are also left with some unanswered questions.  First, what was the condition of McKenzie's leash when Scott came home?  Karen Servas said it was "very muddy" with leaves and dirt when she put him in the backyard, such that she had to wash her hands.  No mention of Scott having to wash his hands after removing the leash -- and I presume he ate the pizza with his hands.  None of the police that did the walk throughs have mentioned the condition of the leash, whether it was muddy.  Karen Servas had talked to the LE that night, when she talked to Scott on the phone he handed her over to one of the officers, and she told him about finding McKenzie.  Why weren't they interested in the condition of the leash? 

That becomes even more important now that we know that the Christmas lights at the Peterson home were not on a timer, but had to be plugged in and the outlet was in the shed.  Amy Krigbaum testified that the lights were not on during the day, but they came on about 4:30 pm.  She had not seen Scott's pickup in the drive at any time during the day (she awoke after he left) and it was not in the drive when she saw the lights come on.  So, who turned the lights on?  Then, Scott said they were off when he returned from the park that night.  He thought maybe the cat was playing with the cord and unplugged it. 

The biggest hit for the Prosecution, I believe, is Scott referring to Laci in the past tense during that interview on the night of the 24th.  No matter how one tries to explain it away, referring to a loved one in the past tense leaves such a lasting negative impression.

Exhibits Introduced

EXHIBIT 69: BINDER WITH PHOTOS A-M
EXHIBIT 69A: OVERVIEW BERKELEY MARINA-BROOKS ISLAND
EXHIBIT 69B: CLOSER VIEW OF BERKELEY MARINA-BROOKS IS.
EXHIBIT 69C: CLOSER VIEW OF BROOKS ISLAND
EXHIBIT 69D: TIP BROOKS ISLAND
EXHIBIT 69E: BROOKS ISLAND "NO LANDING" SIGN
EXHIBIT 69F: CLOSE UP BROOKS ISLAND SHORELINE WITH DEBRIS. 

EXHIBIT 70-AA: ENVELOPE CONTAINING NEGATIVES OF EXHIBIT 70 A-Z.

EXHIBIT 70N: PHOTO BACK PORTION OF BOAT/LICENSE NUMBER
EXHIBIT 70-0: PHOTO LEFT SIDE OF BOAT WITH CF NUMBER
EXHIBIT 70-P: PHOTO REAR OF BOAR WITH MOTOR, RED ROPE, ETC.
EXHIBIT 70-Q: PHOTO CENTER SECTION OF BOAT, GLOVES, AND PORTION OF NEEDLE NOSE PLIERS, SPARE TIRE, FISHING POLE
EXHIBIT 70-R: ITEMS IN TACKLE BOX, HOME MADE ANCHOR
EXHIBIT 70-S: PHOTO FRONT OF BOAT, GAS CAN, ETC.
EXHIBIT 70-T: PHOTO OUTSIDE SHOP LOOKING SIDE AT BOAT
EXHIBIT 70-U: BLANK PHOTO OF REFLECTION
EXHIBIT 70-V: MODESTO P.D. CAR #52
EXHIBIT 70-W: PHOTO PATROL CAR #52 WINDOW

EXHIBIT 71: EVIDENCE ENVELOPE CONTINING 22 CALIBER HAND GUN
EXHIBIT 72: EVIDENCE BAG CONTAINING CEMENT ANCHOR
EXHIBIT 73: EVIDENCE ENVELOPE CONTAINING BIG 5 BAG AND RECEIPT.
EXHIBIT 74: EVIDENCE ENVELOPE CONTAINING 2 FISHING LURES AND 1999 2 DAY FISHING LICENSE.

EXHIBIT 69G: PHOTO BOAT WITH CF#, GAS CAN, BOXES, ETC.
EXHIBIT 69H: PHOTO PATIO AREA AT COVENA HOUSE
EXHIBIT 69I: THREE WHITE UMBRELLAS BY POOL
EXHIBIT 69J: TWO GREEN LADDERS IN BACK YARD
EXHIBIT 69K: PHOTO INSIDE OF STORAGE SHED, GARDEN TOOLS
EXHIBIT 69L: PHOTO TARP (WHITE) HANGING ON FENCE
EXHIBIT 69M: PHOTO BACKYARD - GARBAGE CAN
EXHIBIT 75: SEALED EVIDENCE ENVELOPE CONTINING GREY SLIPPER
EXHIBIT 76: SEALED EVIDENCE ENVELOPE CONTAINING HAIRBRUSH
EXHIBIT 77: SEALED EVIDENCE ENVELOPE CONTAINING PINK SLIPPER
EXHIBIT 78: SEALED EVIDENCE ENVELOPE CONTAINING SUNGLASSES/CASE
EXHIBIT 79: EVIDENCE ENVELOPE CONTINING 2 DAY (2003) FISHING LICENSE

EXHIBIT 80: EVIDENCE BAG CONTINING CEMENT PIECES
EXHIBIT 81: MARTHA STEWART TAPE 12/23/02
EXHIBIT 81A: TRANSCRIPT OF EXHIBIT 81
EXHIBIT 82: MARTHA STEWART TAPE 12/24/02
EXHIBIT 82A: TRANSCRIPT OF EXHIBIT 82
EXHIBIT 83: COPY OF FAX RECEIVED

EXHIBIT 84A: PAGE TAKEN FROM SPIRAL NOTEBOOK "AMBER..."
EXHIBIT 85A: PAGE TAKEN FROM DAY PLANNER - MARCH 2003 "IMPORTANT DATE FOR AMBER"
 

Monday, 28 Jun 2004

Minutes

In Chambers Meeting, Prosecutorial reprimand  Transcript

Today's session began, again, with a session in chambers.  When the attorneys and the Judge returned, absent the jury, the Judge delivered a strongly-worded sermon to the Modesto Police Department for its violation of Judge Girolami's gag order over the weekend.

Among some of the matters that were discussed at the in-camera hearing, which was sealed, is this issue of the Modesto Police Department making, at least making a comment or press release with respect to the Detective Brocchini's testimony which occurred last week. Now, I understand we have Captain Aja here. Captain, where are you? Do you want to step up here, please, Sir? I'm not picking on you, but you are going to be the messenger, okay? I have Judge Girolami's protective order here. It's very clear. It says, without reading it in great detail, for any law enforcement employee, or any agency involved in this case, not making any comments. It goes on to say, make any statement outside of court as to the nature, substance, or effect of any statements or testimony that have been given. My understanding is, that no matter how it came out, it was attributed to the Modesto Police Department. And I'm telling you that this has to stop. So I'm, you are my delegate. You go tell the Chief that he's going to have to sit on his folks. And if any of this, if there is any further press conferences from the Modesto Police Department making any comments about this case, there is going to be trouble. Okay? I'm not a policeman. I don't mean that in the same way that you are talking about. I'm here as a judge trying to try this case. I don't want to spend hours trying to discipline other institutions that are involved in this case with respect to these orders. I think they should be listened to, adhered to, most of all by law enforcement. Okay? So you can express my sentiments to Chief Wasden and your PIO officers, that this is going to have to stop. And any other officers that are involved. And if it doesn't stop, then I'll have to do something about it, okay? And in that regard, I want to reaffirm this, that this order was made to people like this: Nor any attorney,  it is the order of this court, this is Judge Girolami's order, that no attorney connected with this case as prosecutor or defense counsel, nor any other attorney working in those offices, nor their agents, staff, or experts, nor any judicial officers or court employees, nor any law enforcement employee, or any agency involved in this case, nor any person subpoenaed or expected to testify in this matter, shall do any of the following. And it's also set forth.  Now, this applies to any subpoenaed witnesses. This applies to anybody who been subpoenaed as a witness in the case, including parents. Anybody. They are under the auspices of this gag order. And if worse comes to worst, I'm going to have to enforce it. Now, everybody should be well advised. Because, like I said, I'm here to try this case, not to police everybody. And I don't like to do it, but if my hand is pushed, I will do it. So, Captain, thank you very much. I hope you express my sentiments to the Modesto Police Department.
 

CAPTAIN AJA: I understand.

Prosecution Witness #48:  Allen Brocchini, MPD  Testimony

Highlights of today's testimony included:

• What is missing from Brocchini's reports is documentation that he asked Scott if he had a girlfriend on Dec. 24 and Scott denied it.  As much as he wanted the Jury and the spectators to believe that he really did ask Scott that question and Scott really did lie, it just wasn't in the reports.  Geragos skillfully noted the great detail about everything else -- and yet no mention of that question.

• Brocchini admitted that Scott told a "lot of truth" in the interview on the 24th.

• Brocchini admitted that statements attributed to him in 3 or 4 different affidavits used to obtain search warrants and wire taps were incorrect.

• Brocchini admitted no follow-up on Kim McGregor and the individuals associated with her, even though McGregor lied repeatedly to him and other LE and her alibi was never verified.

• Among other things, Kim McGregor stole a pair of Scott's underwear and Laci's Social Security card on Jan. 19.

• Kristen Reed informed Brocchini that Laci had stopped walking, but wanted to resume after Thanksgiving/early December as she was feeling "heavy" and concerned about her weight.

• Reed also informed Brocchini that she saw a van parked on Covena the morning of the 24th, across the street, facing north. 

• Amber was with a Fresno detective on Dec. 24, and he is the one who urged her to call the MPD. 

• Amber's previous boyfriend, Dave, had told her his wife died the previous February, but then Amber saw her at a car wash. 

Exhibits Introduced

EXHIBIT NN: FLYER $1,000 REWARD

EXHIBT 00: PHOTO INTERIOR OF BOAT 12/27/02 WITH 2 PAIRS OF SHOES AND SHOT GUN SHELLS.

Tuesday, 29 Jun 2004

Minutes

Prosecution Witness #48:  Allen Brocchini, MPD  Testimony 

Distaso brought up the tip that Scott told a friend 9 years ago how he would dispose of a body?  It seemed intended to plant in the minds of the Jury that Scott is someone that murder would come to easily, since he could talk so nonchalantly about it.

Yet, Brocchini admitted that the tip was not taken seriously, and thus not followed up on. Did Distaso risk driving the Jury to the irrevocable conclusion that Brocchini made too many judgments in this investigation from a chair behind a desk, and without the benefit of thorough foot-work?

Exhibits Introduced

EXHIBIT 86: TIP FROM CARLA TEAS 6/29/03
EXHIBIT 88: PHOTO TOP OF COMPUTER DESK/CABINET
EXHIBIT 89: PHOTO CABINET INTERIOR
EXHIBIT 90: COPY OF AT&T PHONE RECORDS 12/24-25, 2002

EXHIBIT 91: PHOTO TIMERLINE SHOES
EXHIBIT 92: WET BAR ON PATIO

Prosecution Witness #49:  Ronald Welsh, CA DOJ Criminalist firearms  Testimony

Welsh examined the hand gun Brocchini found in the glove compartment of Scott's Ford pickup on the night of December 24, 2002.  His initial observation of the gun was that the grips were missing and it had a lot of adhering material, like fibers and dust, just seemed like it was dirty.  The gun is a Llama and is .22 Long rifle, which designates the cartridge type that is used not only in rifles but many different types of firearms, including small semi-automatic pistols, such as this one.  Semi-automatic means that the firearm uses the energy from the cartridge to not only force the bullet out of the barrel, but also uses some of that energy to cycle the firearm, which means that it extracts a spent cartridge case and ejects it from the gun, and then loads a fresh cartridge, all using the power of the cartridge that was fired. The bullet is the actual projectile that comes out of the gun. A cartridge is composed of a cartridge case, gunpowder, primer, and a bullet.  A striking mechanism in the firearm hits the primer, ignites the powder, and the expanding gases from the burning gunpowder push the bullet out.  The power of the cartridge forces the top of the gun, which is called the slide, backwards. That extracts and ejects the empty cartridge case and also compresses a spring, and that spring returns the slide forward again, and it picks up a fresh cartridge from the magazine in the process.  A magazine is a generic term for any mechanism used by a firearm to hold extra cartridges in the firearm. Scott's gun had 8 cartridges in the magazine when Brocchini seized it, the maximum capacity.  This is a single action type of firearm, which means that the hammer has to be cocked, and then the hammer is released by a pull of the trigger; as opposed to a double action firearm where, if the hammer is down, you can pull the trigger and it will both cock and release the hammer.

Welsh test fired the gun with similar ammunition from their reference collection. It fired all 5 times, with no function problems. He did a similar test with 4 of the cartridges that were in the magazine when it was booked into evidence, and the gun fired without function problems all 4 times. Welsh also said that if the gun misfired, it would leave an impression on the cartridge, and none of the 8 cartridges in the magazine when he received it had any such impression.

On cross examination, Welsh confirmed that the gun had no blood or tissue on it and had not been recently fired.  Two rust stains that appeared to be blood was tested using LMG (Leuko Malachite Green) a chemical test for blood. When Welsh tried to remove the debris from inside the barrel, the first attempt took some force, but the second was easier.  He said lead deposits would account for that.

According to Welsh's testimony, the chain of custody was:

AB Jan 15, 03 booked as evidence

Jan 22, received by CA DOJ lab and put into evidence vault

Jan 28, examined by Welsh

 

Exhibits Introduced

EXHIBIT 93A: PHOTO GUN, LLAMA/22 CALIBER
EXHIBIT 93B: PHOTO LOADED MAGAZINE
EXHIBIT 93C: PHOTO LOADED MAGAZINE (CLOSEUP
EXHIBIT 93D: PHOTO CHAMBER END WITH HAIR/FIBER

EXHIBIT RR: PHOTO (4) OF GUN CHAMBER END.
EXHIBIT SS: PHOTO (4) OF DEBRIS IN MUZZLE, BARREL OF GUN

Prosecution Witness #50:  Eric Olsen, former Trade Corp employee  Testimony

The Prosecution played the adultery card again, calling attention to the conversation between Scott and Shawn Sibley the first time they met.  Scott and Eric Olsen, his employee, had gone to the trade show in Anaheim together.  Eric knew Shawn from a previous employment.  He also knew a David Fernandez, and setup a dinner for the four of them (Scott, Eric, David, and Shawn) so David and Shawn could meet.  However, Scott and Shawn became involved in a steamy "sex position" conversation that both Eric and David said made them very uncomfortable.  Eric is the one Shawn called on December 2 to find out if Scott was married.  He said he did not want to become involved, and he told her she'd have to talk to him.  The Defense drew out of Eric that Scott admitted he had made a mistake and done something stupid with his conversation with Shawn. 

Eric also testified that he was at the warehouse at the end of November of first of December, but the boat was not there.  He noted a partial bag of cement, and some old dried cement patches on the flat-bed trailer, like someone had been working with cement on the trailer.  That would seem to diffuse the Prosecution claim that cement on that flat-bed trailer related to the making of anchors for weighting down Laci.  Scott had not yet even purchased the boat. 

Exhibits Introduced

EXHIBIT TT: PHOTO FLAT BED TRAILER TAKEN ON 12/27/02
 

Prosecution Witness #51:  David Fernandez  Testimony

Fernandez attended the convention in Anaheim, where Scott first met Shawn Sibley.  He related the sexual nature of their conversation at the dinner, and that Scott seemed to be trying to find out how committed Shawn was to her fiancé. 

Wednesday, 30 Jun 2004

Minutes

Prosecution Witness #52:  Mike Almasri, worked with Shawn Sibley  Testimony

Mike applied for a job with Trade Corps and interviewed with Scott.  He also was the one who, on Dec. 6, called Shawn's attention to Scott's married state. Geragos asked no questions on cross.

Prosecution Witness #53:  Shawn Sibley, Amber Frey's friend  Testimony

Sibley met Scott at a trade show in Anaheim CA on Oct. 24.  Under direct, she recounted the dinner conversation that night, the conversation that continued on until after 3 am in the morning, setting up Scott and Amber, the discovery that Scott was married, his denial and then his claim that he "lost" his wife, her suspicions, and finally how she and Amber found out that Scott was married to the missing Modesto woman.  That happened during a birthday party at her house on Dec. 29.  Amber received a phone call.  Shawn is the one who first called the tip line, but they did not receive a call back from the police.  Then Amber called. 

On Cross, Geragos did a lot of name dropping, asking Shawn if she knew several people.  He also highlighted the efforts Shawn made to find out if Scott was married by doing the internet search, and asked if she went even further by hiring a PI, or if Amber did.  He also tried to diffuse the cad-image by noting that Shawn, in an email to Scott, asked him if he was "chickening out" because he had not yet contacted Amber. 

Exhibits Introduced

EXHIBIT 94: EMAIL TO SHAWN SIBLEY FROM SCOTT PETERSON
EXHIBIT 95: PHOTO SCOTT AND AMBER AT BIRTHDAY PARTY ON 12-11-02

EXHIBIT UU: EMAIL FROM SHAWN TO SCOTT
 

Tuesday, 6 Jul 2004

Minutes

In Chambers meeting to discuss Brocchini's testimony, sealed.

Prosecution Witness #54:  Douglas Kent Mansfield, CA DOJ  Testimony

Mansfield and Grogan interviewed Scott on Christmas Day.  Mansfield was asked about the questions asked Scott and his responses, mostly dealing with Scott's activities on the 23rd and 24th, and the Petersons' financial situation. 

Prosecution Witness #55:  Michael Looby, found Conner's body  Testimony

Looby and his wife found Conner's body on the Richmond Jetty while they were walking their dog. 

Exhibits Introduced

EXHIBIT 96A: AERIAL PHOTO - MUD FLAT/BEACH AREA
EXHIBIT 96B: AERIAL PHOTO - BIKE PATH/BEACH AREA
EXHIBIT 96C: AERIAL PHOTO - BEACH AREA, ROCK WALL, PEOPLE ON BEACH
EXHIBIT 96D: AERIAL PHOTO - CLOSE UP ROCKWALL, PEOPLE ON BEACH
EXHIBIT 96E: PHOTO GROUND VIEW WITH DEBRIS
EXHIBIT 96F: PHOTO MARSH AREA WITH DEBRIS
EXHIBIT 96G: PHOTO MARSH AREA WITH DEBRIS

EXHIBIT VV: PHOTO: MARSH AREA WHERE BABY FOUND
EXHIBIT WW1: PHOTO AREA WHERE BABY FOUND
EXHIBIT WW2: PHOTO MARSH AREA LOOKING TOWARDS POST OFFICE
EXHIBIT WW3: PHOTO AREA WHERE BABY FOUND, ROCKS
EXHIBIT WW4: PHOTO AREA WHERE BABY FOUND

Prosecution Witness #56:  Erik Newman, Richmond Fire Dept  Testimony

Captain, Richmond Fire Department; responded to Looby's 911 call.

Prosecution Witness #57:  Tod Opdyke, Richmond PD  Testimony

Police Officer, city of Richmond; dispatched to the Richmond Jetty by the Richmond Fire Dept.

Exhibits Introduced

EXHIBIT 100: PHOTO HIGH TIDE ((EXHIBIT 96E)

Prosecution Witness #58:  Timothy Brian Gard, Richmond PD  Testimony

Patrol Evidence Technician for the Richmond Police Dept.  Dispatched to the Richmond Jetty on April 13.  Gard took photos to document the crime scene and measurements to identify the exact spot where Conner was found.  He said that People's Exhibits 96G, 96F, and 96E accurately represent the crime scene.

Exhibits Introduced

EXHIBIT 97A: BLOWUP OVERVIEW BAY-BERKELEY MARINA TO BROOKS ISLAND
EXHIBIT 97B: BLOWUP OVERVIEW BROOKS ISLAND TO BERKELEY MARINA
EXHIBIT 98A: BLOW UP OF EXHIBIT 96B.
EXHIBIT 98B: BLOW UP AERIAL VIEW OF POSTAL CENTER
EXHIBIT 99: DIFFERENT VIEW OF AERIAL PHOTO IN EXHIBIT 96A.
EXHIBIT 102C: PHOTO BODY WEST TOWARDS EAST
EXHIBIT 102D: PHOTO CLOSE UP WITH SCALE FOR SIZE RELATION
EXHIBIT 102E: PHOTO OPPOSITE SIDE W/SCALE
EXHIBIT 102F: PHOTO HEAD/ARM OF BODY
EXHIBIT 102G: PHOTO HEAD/ARM OF BODY
EXHIBIT 102H: PHOTO LOWER ABDOMEN
EXHIBIT 102I: PHOTO LOG SHEET
EXHIBIT XX: AUTOPSY PHOTO OF CONNOR
 

Prosecution Witness #59:  Alena Maria Gonzalez, found Laci's body  Testimony

Gonzalez was with her father and sister, walking their dogs, on April 14 when they found Laci's body laying on the rocks at Point Isabel.

Wednesday, 7 Jul 2004

Minutes

Judge Delucchi announced that the spelling to be used in the court transcripts was Conner, not Connor, for Scott's and Laci's son. 

JUDGE: All right. I've been advised there's an issue with the spelling of Conner. I understand it's spelled C-O-N-N-E-R, not O-R. That's what I've been told.

HARRIS: The information that we have on the chart up there, that is the information that was provided by the Contra Costa Coroner's office.

JUDGE: Okay.

HARRIS: That's the official spelling that they have.

JUDGE: That's okay for the charts, but I'm talking about the transcript. Mr. Geragos, is the correct spelling E-R?

PETERSON: The correct spelling is E-R, your Honor.

JUDGE: So it's C-O-N-N-E-R. On the diagrams it's O-R. That's okay, but in the transcript it should be E-R.

Delucchi also announced that court would not be in session on Thursday, July 8, because one of the attorneys wanted to attend a funeral.  The attorney was Mark Geragos, who wanted to attend the funeral for Eric Douglas in Los Angeles.

Prosecution Witness #59:  Alena Maria Gonzalez, found Laci's body  Testimony

Prosecution Witness #60:  Chris Martinez, Contra Costa County Sheriff's Dept.  Testimony

Prosecution Witness #61:  Leo Martin, Deputy Coroner, Contra Costa County  Testimony

Exhibits Introduced

EXHIBIT 105A: PHOTO BABY DOE- 2 VIALS DNA
EXHIBIT 105B: VIAL #1 BABY DOE FEMER BONE
EXHIBIT 105C: VIAL #2 RED SMUDGE
EXHIBIT 105D: JANE DOE VIAL CONTAINING MUSCLE TISSUE
EXHIBIT 105E: JANE DOE MUSCLE TISSUE AND VIAL

EXHIBIT YY: PHOTO PLASTIC BAG
EXHIBIT ZZ: PHOTO PLASTIC BAG

Prosecution Witness #62:  Alonzo Chess, Berkeley Marina Landscape supervisor   Testimony

Exhibits Introduced

EXHIBIT 106 A-P: BINDER BERKELEY MARINA AND KIM FULBRIGHT IN THE BOAT AND IN THE TRUCK.

    A-E:  Berkeley Marina small boat ramp

    F-L:  Kim Fulbright boat demo

    M-P:  Kim Fulbright toolbox demo

EXHIBIT 106A: AERIAL VIEW OF THE BERKELEY MARINA
EXHIBIT AAA: BERKELEY MARINA PAMPHLET
EXHIBIT BBB: LIST OF MARINAS IN THE BAY AREA

EXHIBIT CCC: MAP OF BERKELEY MARINA
EXHIBIT 106B: BOAT LAUNCH RAMP

Prosecution Witness #63:  Sylvester Goosby, Berkeley Marina employee  Testimony

Prosecution Witness #64:  Gary Freedman, Marina Sports Center employee  Testimony

Prosecution Witness #65:  Cliff Marchetti, Berkeley Marina Waterfront manager  Testimony

Exhibits Introduced

EXHIBIT 107: 3 DAY TICKET RECEIPTS FOR 12/24-12/27.
EXHIBIT 106C: PHOTO OF TICKET MACHINE
EXHIBIT 106D: PHOTO SIGN - BOAT RAMP FEE $5.00

EXHIBIT DDD: 2 PAGE- INTERNET: PARKS RECREATION & WATERFRONT FREQUENTLY ASKED QUESTIONS ABOUT BERKELEY MARINA.
EXHIBIT EEE: MAP OF SAN FRANCISCO BAY AREA
 

Prosecution Witness #66:  Bruce Peterson, sold the boat to Scott  Testimony

Exhibits Introduced

EXHIBIT 108A: PHOTO BOAT ON BACK OF TRUCK, TRAILER, ETC.
EXHIBIT 108B: PHOTO BOAT WITH CANVAS COVER
EXHIBIT 108C: PHOTO BOAT FROM BACK WITH COVER

EXHIBIT 108D - PHOTO HEAD ON SHOT OF COVERED BOAT
 

Prosecution Witness #67:  Kim Fulbright, Stanislaus County DAs Office  Testimony

402 hearing on the Fulbright Demo (Jury not present): 

JUDGE: All right. Let the record show the jury has filed out for the afternoon now and we're going to go back to the testimony of Ms. Fulbright. And I have a suspicion where this is going, so let me hear what your offer is.

DISTASO: Judge, there's -- I just handed you the binders. I don't know the exact numbers, but if you flip through, open up that binder and flip through until you get to the pictures of Ms. Fulbright, on December -- on January 5th she was taken -- I mean she laid down in the boat, put some paper down, laid down in the various positions in the boat. Alls I intend to do is ask her is this you, did you get into the boat on that particular date, and that's it. Also in the truck, too. There's a couple pictures from that.

JUDGE: Yes?

GERAGOS: It's argumentative, 352, and it's clearly misleading. So it, you can't take somebody such as this.

JUDGE: Yeah, I, I'm inclined to agree with Mr. Geragos. I know why you're doing this. You want to show that somebody can be, be hidden in the boat. But this is this lady. We don't know, we know, we have some testimony that Ms. Peterson was a 175 pounds.

DISTASO: No. Actually, your Honor, wait. Let me stop the court. No, the testimony from her medical records was on January, on December 23rd she's a 153 pounds. Four pounds less than this. And she's five foot flat. Only two inches smaller, so there's no, this is almost identical to that.

JUDGE: Didn't we have some testimony she weighed a 175 pounds? Or am I mistaken?

DISTASO: No, sir. We have the medical records in evidence, and, you know, we can pull them out right now.

GERAGOS: The fact of the matter is it's not her. It's not the lady. It's clearly argumentative and could be reversible error to have somebody do a demonstration that's argumentative on its face.

DISTASO: No, it's not, Judge. It's the almost identical size and weight of the victim in this particular case. It's not argumentative at all.

JUDGE: What, she's going to testify to what she -- she said on -- she said on January the 6th, 2004, she weighed a 157 pounds.

DISTASO: That's right. And the record showed

JUDGE: And, and she's five-foot two inches tall.

DISTASO: Uh-huh.

JUDGE: How tall was Laci Peterson?

DISTASO: Five-foot zero. Or five-foot one.

GERAGOS: Five-foot one.

DISTASO: I think the testimony was five-foot one.

JUDGE: And what was the weight?

DISTASO: 153 pounds.

GERAGOS: The problem is that you have different people with different body types. You have a live person versus what the prosecution's theory is, a dead person with rigor mortis set in. There's no way that you can allow in, that I can see that the court could allow in somebody who works for the DA's office who's going to go and try and fit herself into various spots on a boat. It's argumentative. If they want to make the argument later on in closing, that's the appropriate time to do it. It's certainly not demonstrative evidence. It's fabricated evidence in the sense that they have an employee go and do it.

DISTASO: No, Judge, it's not fabricated evidence at all. It's not argumentative at all.

JUDGE: No, I don't think it's fabricated evidence. Okay. Here's what I'm going to do. I think that here that I'm going to, I'm going to admit it and the jury can put whatever weight they want on it. You can cross-examine as to, you know, whatever motive she has, and so forth, but I think she's close enough to the size and weight of Laci Peterson. I was of the impression that Laci Peterson weighed more at the time she disappeared. Apparently she didn't. And so that she's close enough, and then it will go to the weight rather than admissibility. So you can put it on. All right. So the objection's overruled. All right. We'll take a recess until five after 3:00.

Prosecution Witness #68:  David Browne, Big 5 Store Manager  Testimony

Prosecution Witness #69:  Rick Armendariz, MPD Investigator  Testimony

Armendariz participated in searches of the San Francisco Bay on May 10th, May 16th, May 17th, May 18th, September 11th and September 18th.  His testimony mostly consisted of describing the various factors that made those Bay searches very difficult.  He described how difficult it was to even find a 12-ft torpedo shaped side scan sonar that was lost. 

Exhibits Introduced

EXHIBIT 109: MAP OF BAY

EXHIBIT FFF: LIST OF AGENCIES ASSISTING WITH BAY SEARCH

Monday, 12 Jul 2004

Minutes

Prosecution Witness #69:  Rick Armendariz, MPD Investigator  Testimony

Armendariz was involved in the Bay searches after the bodies were found:  May 10th, May 16th, May 17th, May 18th, September 11th and September 18th.

Exhibits Introduced

EXHIBIT GGG: PAGE OF A GROUP OF PHOTOS OF ITEMS RETRIEVED FROM VARIOUS DIVES IN THE BAY

Prosecution Witness #70:  Adam McGill, MPD Officer  Testimony

McGill was involved in the first search warrant for 523 Covena, on December 26-27, 2002.  "My duty was to, along with an identification technician, was, together with the ID person as she videotaped the exterior of the residence, checking things such as windows, doors, locking mechanisms, any evidence of tampering, those types of things."

Exhibits Introduced

EXHIBIT 110: VIDEO - SEARCH WARRANT OF HOUSE DEC. 26-27, 2002

EXHIBIT HHH-1: PHOTO SGT. MCGILL GOING UNDER HOUSE
EXHIBIT HHH-2: PHOTO UNDER HOUSE
EXHIBIT HHH-3: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE
EXHIBIT HHH-4: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE
EXHIBIT HHH-5: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE

Prosecution Witness #71:  Ray Coyle, MPD Detective  Testimony

Coyle was involved in the first search warrant for 523 Covena, on December 26-27, 2002.  His assignment was the master bedroom.  He also handled the investigation into the 290 sex registrants and parolees.  "There was a list that I was given of about 309 parolees and sex registrants. And out of that, to date, 285 have been contacted and completed."

Exhibits Introduced

EXHIBIT 111(A-K): BINDER WITH PHOTOS TAKEN DURING SEARCH WARRANT ON DEC. 26-27, 2002:
EXHIBIT 111-A: TWO GREEN LADDERS, GARDEN EQUIPMENT, SHED
EXHIBIT 111-B: GARDEN TOOLS, BLOWER, ETC.
EXHIBIT 111-C: BOAT COVER ON FENCE
EXHIBIT 111-D: PATIO AND STORAGE ROOM
EXHIBIT 111-E: BLUE TARP ON PATIO
EXHIBIT 111-G: JEWELRY BOX WITH PASSPORTS/SOCIAL SECURITY CARD AND JEWELRY
EXHIBIT 111-H: CLOTHES HAMPER
EXHIBIT 111-I: BEDSPREAD IN MASTER BEDROOM, WITH BLOOD SPOTS AND RULER
EXHIBIT 111-J: DRAWER IN BATHROOM WITH HAIR BRUSH AND HAIR DRYERS
EXHIBIT 112: EVIDENCE BAG CONTAINING CANVAS BOAT COVER

EXHIBIT 113: LIST OF 290 SEX REGISTRANTS

Prosecution Witness #72:  Rudy Skultety, MPD investigator  Testimony

Detective Skultety was the 523 Covena crime scene manager for the search warrant executed on December 26-27, 2002.  They arrived at the residence about 7:30 p.m.  The focus of the search on the night of the 26th was forensic and struggle evidence.  The FBI participated.  The focus on the 27th was to find and collect the items specifically noted in the search warrant.

Exhibits Introduced

EXHIBIT 114-A: TWO SIDED PHOTO OF EVIDENCE ENVELOPES CONTAINING HAIR SAMPLES
EXHIBIT 114-B: TWO SIDED PHOTO OF PACKAGES WITHIN EXHIBIT 114-A.
EXHIBIT III: PHOTO FROM VIDEO OF HAMPER IN MASTER BEDROOM (W/TIME STAMP)
EXHIBIT JJJ: PHOTO FROM VIDEO OF HAMPER IN MASTER BEDROOM

Prosecution Witness #73:  Doug Lovell, MPD ID technician  Testimony

Tuesday, 13 Jul 2004

Minutes

Prosecution Witness #73:  Doug Lovell, MPD ID technician   Testimony

Prosecution Witness #74:  Kim Castro, MPD Officer   Testimony

Prosecution Witness #75:  Henry Dodge Hendee, MPD Detective  Testimony

Exhibits Introduced

EXHIBIT 115A: PHOTO OF NURSERY, CRIB, DRESSER
EXHIBIT 115B: PHOTO OF DRESSER, WICKER BASKET
EXHIBIT 115C: PHOTO TOP OF DRESSER WITH SONOGRAM
EXHIBIT 116A: PHOTO TRUCK BACK, STORAGE BOX, CHICKEN WIRE, CLAW HAMMER
EXHIBIT 116B: PHOTO STAINS ON DOOR WITH MEASUREMENT
EXHIBIT 116C: DIAGRAM AERIAL VIEW OF TRUCK/MEASUREMENTS
EXHIBIT 116D: DIAGRAM MEASUREMENT/LEDGEND OF TRUCK WITHOUT TOOL BOX
EXHIBIT 116E: DIAGRAM TRUCK
EXHIBIT 116F: DIAGRAM LOCATION OF SUSPECTED BLOOD SAMPLES TAKEN FROM TRUCK
EXHIBIT 117: EVIDENCE BAG AND CONTENTS CONTAINING CONCRETE FROM TRUCK
EXHIBIT 118: DVD OF SEARCH WARRANT AT WAREHOUSE

EXHIBIT 119A: PHOTO FRONT OF WAREHOUSE
EXHIBIT 119B: PHOTO COMPUTER DESK, COMPUTERS, PAPER,ETC.
EXHIBIT 119C:#106 - BIG 5 BAG AND RECEIPT.
EXHIBIT 119D:#107- DOCUMENT PRINTED OFF INTERNET WITH FISHING LOCATIONS
EXHIBIT 120A: PHOTO #44 - PLIERS WITH HAIR
EXHIBIT 120-B: PHOTO TWO HAIRS IN BOX/EVIDENCE ENVELOPE.
EXHIBIT 120-C: PHOTO CLOSE UP OF EXHIBIT 120-B.
EXHIBIT 121-A: PHOTO OF BOAT WITH FISHING RODS/PLIERS
EXHIBIT 121-B: PHOTO OF BOAT WITH FISHING RODS/PLIERS
EXHIBIT 121-C: PHOTO OF FRONT SECTION OF BOAT WITH GREEN BAG.
EXHIBIT 121-D: DIAGRAM GAME FISHER BOAT MEASUREMENTS.
EXHIBIT 121-E: DIAGRAM BOAT DEPTH MEASUREMENTS.
EXHIBIT 121-F: DIAGRAM WITH TRAILER HEIGHT MEASUREMENTS.
EXHIBIT 121-G: DIAGRAM CLOSE UP BACK OF BOAT MEASUREMENT
EXHIBIT 121-H: DIAGRAM OPPOSITE BACK SIDE OF BOAT MEASUREMENT.
EXHIBIT 122-A: PHOTO TRAILER, BOAT, POWDER, GAS CAN
EXHIBIT 122-B: PHOTO DUST PAN AND POWDER
EXHIBIT 122-C: PHOTO DUST PAN, POWDER, SLEDGE HAMMER
EXHIBIT 122-D: PHOTO W/MARKERS, TRAILER, PITCHER, SLEDGE HAMMER
EXHIBIT 122-E: PHOTO W/MARKERS, CLOSEUP PITCHER, ETC.
EXHIBIT 122-F: PHOTO W/MARKERS, PITCHER, ETC. POWDER
EXHIBIT 122-G: PHOTO, MARKERS, ANCHOR PLACED IN PITCHER
EXHIBIT 122-H: PHOTO, BOAT TRAILER IN WAREHOUSE
EXHIBIT 122-I: PHOTO BACK RIGHT SIDE OF TRAILER.
EXHIBIT 123: EVIDENCE BOX WITH CONTENTS - PITCHER
EXHIBIT 123-A: PITCHER
EXHIBIT 124: SEALED ENVELOPE CONT. SHEET ROCK SCREWS.
EXHIBIT 125: SEALED ENVELOPE CONT. READY MIX CEMENT FROM WAREHOUSE FLOOR.
EXHIBIT 126: SEALED ENVELOPE CONT. SAMPLE FROM SHOP-VAC
EXHIBIT 127: SEALED BAG WITH CLAW HAMMER
EXHIBIT 128: SEALED BAG CONTAINING BLACK NIKE TENNIS SHOES.

EXHIBIT 129: WHITE PLASTIC BAG CONTAINING BLACK RUBBER BOOTS, WHITE SOCKS, BLUE GLOVE, WATCH CAP FOUND IN RED PLASTIC TUB.
EXHIBIT 130: EVIDENCE ENVELOPE CONTAINING NEEDLE NOSE PLIERS.

Wednesday, 14 Jul 2004

Minutes

Motions Hearing:  Motion to open hearing on Defense Motion for Mistrial and Dismissal with Prejudice; Admissibility of TV Interviews  Transcript

Exhibits Introduced

EXHIBIT 131A: DIANE SAWYER GOOD MORNING TAPE FULL AIRED VERSION 1/28/03.

EXHIBIT 131B: PRIME TIME LIVE TAPE WITH DIANE SAWYER

EXHIBIT 131C: REDACTED TAPE
 

EXHIBIT 131D: TRANSCRIPT (REDACTED) OF EXHIBIT 131C.

Prosecution Witness #75:  Henry Dodge Hendee, MPD Detective  Testimony

The Bay searches involved several agencies besides the MPD and utilized divers, side scan sonars, and a REMUS device.  The searches discussed in most detail were after April 14, when Laci was found at Point Isabel.  Based on expert opinion, MPD developed a rectangular highest probability section of the Bay and set out to literally map that entire area. 

Many say that the sites where the bodies were found is the strongest evidence against Scott, but the testimony over these last three days certainly raises reasonable doubt that Laci could have been in the Bay those 4 months and not been detected.  The witnesses this week were very convincing that a very thorough search was completed, and yet no anchors, body parts, or other evidence of Laci's presence was found.  The Prosecution tried to steer the Jury away from this obvious conclusion by pointing out the poor visibility.  However, as Geragos noted, if the sophisticated equipment could locate items as small as beer bottles, why couldn't it find the evidence necessary to prove Scott dumped Laci in that Bay?

The searches of the house and warehouse produced similar results.  Much was made of some spots on the master bed comforter, but neither the comforter nor the test results identifying the spots as blood were entered into evidence.  What was entered into evidence were pictures of some ambiguous circular areas supposed to be imprints of the pitcher Scott used to make the cement anchors.  Additionally, one of the circular areas looked quite rectangular.

One positive thing that came out of the testimony over these 3 days is that some of the MPD seem to be quite good cops.  I was particularly impressed with Dodge Hendee.  He was not defensive and answered the questions asked, I thought very honestly and sincerely. So far, we have not heard anything to suggest that he did not carry out his part of the search effort with integrity.  I hope this remains true, as the MPD has already received such a black mark from Al Brocchini.  Let's hope Brocchini represents the one bad apple, not the whole barrel.

Exhibits Introduced

EXHIBIT 132: PHOTO OF THE MAXIMUM CAPACITY SIGN IN THE BOAT.

EXHIBIT 133: PHOTO OF SHOPPING BAG WITH BLACK PANTS AND PAPER BAG, #37 SIGN.
EXHIBIT 134: PHOTO DET. HENDEE WITH OLIVE LEAF WREATH ON HIS HEAD.

EXHIBIT KKK: NOT USED.
EXHIBIT LLL: DIAGRAM OF PROPOSED SEARCH AREA
EXHIBIT MMM: DIAGRAM OF OVERALL SURVEY AREA
EXHIBIT NNN: DIAGRAM OF ENTIRE TARGET AREA
EXHIBIT OOO: MISSION 1 SURVEY AREA
EXHIBIT PPP: 2 PGS. SEARCH QUADRANTS
EXHIBIT QQQ: MISSION 1 FILTERED TARGET MAP POSITIONS
EXHIBIT RRR: MISSION 2 SURVEY AREA
EXHIBIT SSS: 2 PGS. MISSION 2 FILTERED TARGET MAP POSITIONS.

EXHIBIT TTT: MISSION 3 SURVEY AREA, (5 PAGES)
EXHIBIT UUU: MISSIONS 4, 5, 6, & 7, (16 PAGES)

Thursday, 15 Jul 2004

Minutes

Prosecution Witness #75:  Henry Dodge Hendee, MPD Detective  Testimony

Detective Henry Dodge Hendee probably has done as much as any other witness to raise reasonable doubt about the prosecution's case, but he enjoys the praise and respect of many of the public attendees.  I heard only good comments about him -- such as honest, sincere, dedicated, confident but not cocky, not defensive.  Hendee is the kind of cop you want all police officers to be like.

The damage to the Prosecution's case was unmistakable.  First, Hendee testified to a meticulously thorough search of the Bay in the high probability area, using special dive teams and sophisticated sonar equipment. He is to be commended for this very thorough search and for the way he sought out the best resources available, all over the nation. But, no anchors were found and no body parts.  It is going to be very hard, I believe, to convince a jury that the evidence really is there, but Hendee just missed it. 

The Prosecution spent considerable time establishing with Hendee that the anchor Scott had in his boat was made using the plastic pitcher on the trailer, including showing the picture of Brocchini putting the boat anchor into the pitcher in an apparently perfect fit.  With that established as "fact," D. Harris had Hendee testify about the 5 circular void spots in the white powder on the trailer -- all intended to convince the Jury that Scott made 4 other anchors, and those 4 anchors were used to weight Laci down.  Geragos disabused the Jury of any such idea.  He showed how the anchor did not perfectly fit into the pitcher and demonstrated the finger-width gap between the anchor and the pitcher.  He noted the dimple on the inside bottom of the pitcher that is noticeably missing from the bottom of the anchor. He asked Hendee to verify that the experts confirmed that the anchor was not made in that pitcher. He suggested Hendee "saw" the circular rings because he believed the boat anchor was made in that pitcher. 

Geragos stripped the Prosecution of another piece of "evidence."  In his direct examination of Hendee, D. Harris emphasized the two pair of black maternity stretch pants that were found in a bag in the nursery.  The search warrant included black stretch maternity pants, authorizing the officers to seize every pair they found.  As far as I know, these were the only two pair seized. Margarita Nava said she was wearing black pants on the 23rd and Scott said she was wearing black pants on the 24th.  However, Hendee testified today that the two pair of pants appeared to him to be clean and unused.  Geragos pressed and he said they appeared new.  Geragos drove home the obvious conclusion -- neither of these two pairs of pants were worn by Laci on either the 23rd or the 24th.

Exhibits Introduced

EXHIBIT VVV: DAILY WATER OPERATIONS 5/16 - 5/27/03
EXHIBIT WWW (1-5) PHOTOS OF NURSERY)
EXHIBIT WWW-1: LOOKING INTO NURSERY
EXHIBIT WWW-2: NURSERY RIGHT SIDE WITH CRIB
EXHIBIT WWW-3: FULL VIEW SIDE WITH DRESSER
EXHIBIT WWW-4: LEFT SIDE WITH CHAIR AND WINDOW
EXHIBIT WWW-5: LOOKING TOWARDS CLOSET, WHITE BAG WITH BLACK PANTS.
EXHIBIT XXX-1: WAREHOUSE, END OF TRAILER
EXHIBIT XXX-2: TRAILER WITH DUST PAN, PITCHER, DUST PAN
EXHIBIT XXX-3: CLOSE UP SLEDGE HAMMER, DUST PAN

EXHIBIT YYY: EVIDENCE ENVELOPE WITH SEVEN PHOTOS TAKEN OFF OF WALL IN WAREHOUSE.
EXHIBITS ZZZ 1-5: PHOTOS OF ITEMS SEIZED FROM WAREHOUSE:
EXHIBIT ZZZ-1: SLEDGE HAMMER, PITCHER WITH ANCHOR INSIDE.
EXHIBIT ZZZ-2: HAND TAKING ANCHOR OUT OF PITCHER
EXHIBIT ZZZ-3: HAND HOLDING ANCHOR ABOVE PITCHER
EXHIBIT ZZZ-4: LOOKING INTO PITCHER
EXHIBIT AAAA-1: RED TUB
EXHIBIT AAAA-2: BLUE TUB WITH CONTENTS AND DEBRIS
EXHIBIT BBBB: PHOTO OF BOOTS, BLUE GLOVE, CAP IN RED TUB PLACARD #40
EXHIBIT CCCC 1-7 (1 AND 7 NOT IDENTIFIED) PHOTOS AT 523 COVENA:
EXHIBIT CCCC-2: LAND ROVER AND TRUCK IN DRIVEWAY
EXHIBIT CCCC-3: TREE, BRICK TRIM, AND POOL IN BACKYARD
EXHIBIT CCCC-4: BACKYARD SHOWING BRICK TRIM AND TREE
EXHIBIT CCCC-5: PHOTO BEHIND HOT TUB SHOWING BRICK TRIM AND POOL.
EXHIBIT CCCC-6: POOL, BRICK WORK, FENCE IN BACKYARD
EXHIBIT DDDD: PHOTO OF BOAT BOW WITH WATER ON BOTTOM
EXHIBIT EEEE 1-15: PHOTOS OF CONDITION OF BOAT AND WAREHOUSE ON 12/27/02-SEARCH WARRANT:
EXHIBIT EEEE-1: FRONT OF BOAT ON TRAILER WITH GREEN BAG AND CAMOUFLAGE JACKET.
EXHIBIT EEEE-2: PLACARD #27 BROWN PAIR OF SHOES, TRADECORP BINDERS, ETC.
EXHIBIT EEEE-3: PLACARD #49 PACKAGE OF 16 GAUGE WIRE, GAS CAN, AND STRAPS
EXHIBIT EEEE-4: INSIDE BOAT WITH PLACARDS BY TACKLE BOX, FISHING POLES, ETC.
EXHIBIT EEEE-5: PLACARD #47 WITH SHOELACE
EXHIBIT EEEE-6: PLACARD #48 GREEN BAG WITH CAMOUFLAGE JACKET INSIDE BOAT.
EXHIBIT EEEE-7: PLACARD #45 WITH RED GLOVE, YELLOW PLIER HANDLES AND SILVER OBJECT
EXHIBIT EEEE-8: PLACARD #44 - YELLOW PLIERS, #45 WITH RED GLOVE, SPARE TIRE, FISHING POLE
EXHIBIT EEEE-9: PUDDLE OF WATER IN BOAT AND CAMOUFLAGE JACKET.
EXHIBIT EEEE-10: PUDDLE OF WATER, CAMOUFLAGE JACKET, AND ROPE
EXHIBIT EEEE-11: SAME AS EXHIBIT EEEE-10, SHOWING OAR HANDLE
EXHIBIT EEEE-12: TOP OF FISHING POLE SHOWING WIRE WITH FISHING LURE.
EXHIBIT EEEE-13: PLACARD #47 TACKLE BOX, #44 SILVER OBJECT
EXHIBIT EEEE-14: PLACARD #47 OPEN TACKLE BOX
EXHIBIT EEEE-15: SPARE TIRE, FISHING POLES, YELLOW PLIER HANDLES, GLOVE, ETC.

TV Interviews Hearings 

THE COURT REVIEWED ALL THE ORIGINAL AIRED AND REDACTED VERSIONS OF THE ABOVE TAPES. THE COURT AND COUNSEL RECOMMENDED FURTHER REDACTIONS TO THE DIANE SAWYER TAPES
 

Exhibits Introduced

EXHIBIT 136: GLORIA GOMEZ, KOVR-TV, AIRED VIDEO INTERVIEW WITH SCOTT PETERSON.
EXHIBIT 136A: REDACTED VERSION OF EXHIBIT 136.
EXHIBITS 136 AND 136A ARE PLAYED AND REVIEWED BY THE COURT AND COUNSEL.

EXHIBIT 137: TED ROWLANDS VIDEO AIRED VERSION 1/30/03
EXHIBIT 137A: TED ROWLANDS REDACTED TAPE

Monday, 19 Jul 2004

Minutes

Prosecution Witness #75:  Henry Dodge Hendee, MPD Detective  Testimony

Hendee concluded his testimony today.  We learned that he found out last October/November during the Preliminary Hearing, that the LE expert said the anchor was not made in that pitcher.  In an effort to show that Hendee's actions were reasonable, D. Harris asked again about that perfect fit, didn't it still look like the anchor perfectly fit in the pitcher?  Yes. Was there any other container that the anchor would have been made in?  No.  So, it was reasonable for Hendee to conclude that the anchor was made in that pitcher.

I have no problem with Hendee believing the anchor was made in the pitcher, and therefore there really were circular void spots in the powder.  I applaud him for doing such an excellent job with the Bay search those 23 days.  I don't even mind that he didn't volunteer the information about the anchor not being a perfect fit when he was under direct examination.  He was not asked. 

I do object to such a critical piece of evidence not being sent in for testing for 10 months.  I do object to the anchor fitting into the pitcher presented as fact by the Prosecution in this trial, months after learning that the anchor was not made in that pitcher.  I do object to the ADA attempting, even today, to hang onto this fictitious evidence. 

Geragos spent considerable effort trying to get Hendee to say, unequivocally, that Brocchini knew about the hair in the pliers on Dec 27, when Hendee first collected them for evidence.  He tried to use the number system for the photos to prove one was taken before the other.  Both Hendee and Ducot affirmed that the numbering system on the photos was arbitrary and had no meaning.  Ducot said the negatives were numbered in sequence, but the negatives have not been admitted as evidence and Geragos suggested they have been lost.  The best Hendee could do was to state that he thought Brocchini did know about the hair on the 27th and was surprised to learn on February 12 that he was just finding out about it, and thus concluded that Brocchini had already vacated the search on the 27th before the pliers and hair were found. 

Hendee also informed us that on the search warrant executed on Feb. 18, Amy was tasked with the responsibility to identify the clothes she thought Laci was wearing on Dec. 23, or confirm that they were not in the house.  Amy did identify the blouse, the scarf, the shoes, and even the pants, a pair of GAP tan/cream colored maternity pants. 

Before exiting the witness stand, Hendee confirmed the absolute absence of any forensic evidence in the house, truck, warehouse, and boat (with the exception of the hair).  Here again, I can find no fault in anyone for testing anything and everything that might be blood, tissue, fibers, or fluid -- that's the right thing to do.  I do, however, fault the Prosecution for continuing to state that such evidence exists.  For example, just today Mr. Harris asked if the FBI used a special spray to detect blood, which causes blood to glow, and then asked if it did glow.  It's wholly irrelevant if it glowed -- the samples were taken and sent to the labs for tests, and those tests came back negative.  It's time to give it up, Mr. Harris, time to admit you have no physical evidence.  You have no witnesses and you have no physical evidence. Just maybe you have the wrong defendant.

Exhibits Introduced

EXHIBIT FFFF-1-3: PHOTOS OF TRUCK INTERIOR WITH SUSPECTED STAINS.
GGGG: USA FISHING S.F. BAY REPORT
IIII-1: PHOTO OF FLOOR CARPET IN REAR SEAT BY CENTER SECTION IN TRUCK.
IIII-2: PHOTO OF FLOOR CARPET IN REAR BY CENTER SECTION IN TRUCK.
IIII-3: PHOTO STEERING WHEEL WITH CIRCLE AROUND STAIN
IIII-4: PHOTO STEERING WHEEL WITH STAIN
JJJJ: PHOTO DAYTIME WITH DETECTIVES IN BACKYARD WITH UMBRELLAS.
EXHIBIT KKKK-1: BANK OF AMERICA CHECK REGISTER PAGE
EXHIBIT KKKK-2: SMALL GROUP EMPLOYER APPLICATION
EXHIBIT KKKK-3: FLYER "IN HONOR OF LACI PETERSON"
EXHIBIT KKKK-4: COPY PHOTO OF LACI
EXHIBIT KKKK-5: RATE QUOTATION CONTRACT AMERICAN WAREHOUSE, INC.
EXHIBIT KKKK-6: MINUTES 7/17/2000 - ESPANA TRADECORP USA
EXHIBIT KKKK-7: STATEMENT 12/5/02 AMERICAN WAREHOUSE
EXHIBIT 138: PHOTO OFF OF VIDEO TAPE 12/27/02 OF BOAT WITH PLACEMENT OF PLIERS
EXHIBIT 139: PHOTO OFF OF VIDEO TAPE 12/27/02 OF WINDOW BETWEEN OFFICE AND WAREHOUSE BAY.
EXHIBIT 140A: PHOTO TWO GRIDS FOR BAY SEARCH
EXHIBIT 140B: PHOTO OF SIDESCAN
EXHIBIT 141A: PHOTO WAREHOUSE 12/27/02 FRONT OF BOAT AND TRAILER
EXHIBIT 141B: PHOTO POWDER SPILL ON FLOOR.
EXHIBIT 141C: PHOTO LOOKING AT BOAT TRAILER WITH POWDER

EXHIBIT LLLL: PHOTO WAREHOUSE, SKYLIGHT
EXHIBIT MMMM: PHOTO OF ANCHOR IN BOAT (PLACARD #43)
EXHIBIT NNNN: PHOTO OF OPEN TACKLE BOX (PLACARD #44)

Prosecution Witness #76:  Denise Ducot, MPD ID technician  Testimony

Direct Examination:  Dave Harris

Cross Examination:  Mark Geragos

Prosecution Witness #71:  Ray Coyle, MPD Detective Testimony

Direct Examination:  Rick Distaso

Cross Examination:  Mark Geragos

Detective Coyle added even more gloom to this investigation.  We had been led to believe that almost 100% of all parolees and registered sex offenders had been investigated and eliminated as suspects.  Coyle explained that his "completed" status did not mean the person had been eliminated as a possible suspect.  I really could not quite understand what Coyle meant by completed, except to say that some contact and attempt to verify alibi had been made.  For some, the alibi proved to be false. One sex offender even claimed to be Laci's murderer.  It was pretty clear to me that this was merely a "just to say we did it" exercise, and did not represent a sincere attempt to determine if another viable suspect existed.  If I were living in Modesto, I would be installing some extra locks on my windows and doors. 

Exhibits Introduced

EXHIBIT PPPP-1: PHOTO HAMPER IN MASTER BEDROOM
EXHIBIT PPPP-2: PHOTO HAMPER IN MASTER BEDROOM

EXHIBIT QQQQ-1: PHOTO WHITE COMFORTER
EXHIBIT QQQQ-2: PHOTO WHITE COMFORTER (W/SPOTS)

EXHIBIT RRRR: PHOTO OF BOOK SHELF IN SECOND BEDROOM (LIFE INSURANCE)

Tuesday, 20 Jul 2004

Minutes

Prosecution Witness #71:  Ray Coyle, MPD Detective   Testimony

Direct Examination:  Rick Distaso

Cross Examination:  Mark Geragos

Geragos continued today with another long list of registered sex offenders and parolees who were "completed," but whose unverified alibis or unknown whereabouts made me wonder why we even have a registration requirement.  What good does it do if no one follows through if the sex offenders aren't properly registered? 

Exhibits Introduced

EXHIBIT SSSS: PHOTO MODESTO P.D. ITEMS RETRIEVED FROM DIVE ON 10-3-03.

EXHIBIT 142: PHOTO CLOTHING SEIZED IN SEARCH WARRANT ON 2/18.

Prosecution Witness #77:  Darren Ruskamp, MPD Detective    Testimony

We did find out today that Laci gave Scott a table saw for Christmas -- it's the large package under the tree.  And that it was the package that Kim McGregor opened up the night she broke into the Covena home.  The saw, still in its unopened box, made its way to the storage shed on Woodland.  For some reason, D. Harris made repeated note of how many things in the nursery, the toys and other items, that still had price tags on them. 

Ruskamp testified to the changed condition of the nursery at the time of the Feb. 18th search.  3 black office-type chairs were in there, with bedding piled on the rocker and the chairs.  He said the chairs came from the warehouse.  He also noted that the couch from the warehouse was in the 2nd bedroom, and a futon was in the master bedroom.  Scott had also placed the mattress and box spring from the 2nd bedroom in front of the dining room window that faces the street. 

To counter the mattress and box spring, Geragos suggested they were put there to keep a nosy media from looking into the house.  He showed a picture of the media presence during the search itself.  The items from the warehouse were there because Scott had shut down the warehouse and had to move the items somewhere.  The larger items obviously would not fit in the storage unit on Woodland.

Much of Geragos' time with Ruskamp was spent discussing the camouflage jacket and how it was moved around during the search of the boat.  He has made an issue of this with previous witnesses, but it is impossible at this point to know what he is leading up to. 

Geragos also tried to get into the affidavits Ruskamp filed to get search warrants, but Harris objected that it was beyond the scope of direct and the Judge sustained. 

Exhibits Introduced

EXHIBIT 143: DRAWING MEASUREMENTS 523 COVENA ON 12/26-27
EXHIBIT 144A: PHOTO CLOSET IN NURSERY
EXHIBIT 144B: PHOTO CLOSET IN NURSERY
EXHIBIT 145A: PHOTO OF NURSERY ON 2/18/03
EXHIBIT 145B: DRAWING OF HOUSE INTERIOR ON 2/18/03
EXHIBIT TTTT: SEARCH WARRANT TEAM IN PETERSON LIVING ROOM W/MATTRESSES.
EXHIBIT UUUU: PHOTO OF PRESS, CAMERAS IN FRONT OF 523 COVENA ON 2/18/03.
EXHIBIT VVVV 1-12 PHOTOS OF SEARCH WARRANT ON 2/18/03
EXHIBIT VVVV-1: DRAWER WITH MAKEUP
EXHIBIT VVVV-2: PLACARD #57 PHOTOS SCOTT AND LACI
EXHIBIT VVVV-3: PLACARD #52 PHOTOS SCOTT/LACI ON HEARTH
EXHIBIT VVVV-5: TWO WHITE BATHROBES IN MASTER BATHROOM
EXHIBIT VVVV-6: ITEMS TAKEN FROM PATIO AREA
EXHIBIT VVVV-7: SHELF WITH COOKBOOKS
EXHIBIT VVVV-8: SHELF WITH COOKBOOKS (MIRROR IMAGE)
EXHIBIT VVVV-9: PLACARD #54 PHOTOS ON SHELF
EXHIBIT VVVV-10: PLACARD #54 SHOWING WHOLE SHELF AND PHOTOS.
EXHIBIT VVVV-11: PLACARD #53 - 3 PHOTOS OF FAMILY ON MANTLE
EXHIBIT VVVV-12: HEARTH WITH PHOTOS ON BOOKSHELF

EXHIBIT WWWW: PHOTO OF BOAT ON 12/30/02 WITH ROPE, WATER

EXHIBIT 146A: PHOTO WOODLAND STORAGE SHED LOOKING THROUGH DOORWAY
EXHIBIT 146B: PHOTO CLOSE UP OF AIR COMPRESSOR
EXHIBIT 147A: PHOTO BLACK CHAIRS IN NURSERY
EXHIBIT 147B: PHOTO BLACK COUCH IN SPARE BEDROOM
EXHIBIT 147C: PHOTO BLACK COUCH IN WAREHOUSE ON 12/27

Prosecution Witness #78:  Richard House, MPD Detective  Testimony

House is the detective who processed the vehicles.  He talked mostly about the Land Rover, and the suspicious stains in it, which, of course, were negative for forensic value.  He also testified about the Philips Electric receipt which showed a purchase on Dec. 23, indicating that Laci went to yet another store on that day. 

The most titillating news to come out of today's session is the letter Amber sent to Scott at the Mailboxes Etc mailbox, the private mailbox Scott rented on December 23.  LE found out about this mailbox during the Dec 27th search.  House spoke with Laura Rogers and asked her to notify LE if any mail came to that box.  He was called on Jan 9, as a letter had come in with Amber Frey's return address.  The contents of the letter were not revealed during direct, and Geragos has not yet concluded his cross.

Geragos successfully discredited another effort to prejudice the jury against Scott.  Previously, we were given the image of Scott's wedding photo album carelessly tossed into a wastebasket.  Today we saw that wastebasket.  The whole truth of the matter, though, is that the wastebasket contained not only the photo album but loose papers and documents from the warehouse, and was stored in the Woodland storage shed with many other items from the warehouse.  Geragos asked House if it looked like they were in storage, and House said yes.  Did it look like Scott was going to destroy them? House said no.  Then Geragos pulled his punch, but that is what they (meaning the Prosecution) want us to think.

I wonder how many times the Prosecution can offer "evidence" to this jury only to have it proven to be an illusion, a mirage, with no substance whatsoever, before this jury simply stops listening.

Exhibits Introduced

EXHIBIT 149: 6 PGS. USPS - MAIL BOXES DOCUMENT 12/23/02
EXHIBIT 150: COPY ENVELOPE TO SCOTT FROM AMBER FREY
EXHIBIT 151A: BLUE/GREEN BASKET WEAVE BAG FOUND IN LAND ROVER AND IN HOUSE ON 2/18/03
EXHIBIT 151-B: BLUE/GREEN BAG WITH BOOK AND SHIRT.
EXHIBIT 152: PHOTO OF WASTEPAPER BASKET FOUND IN STORAGE SHED.
EXHIBIT 153: EVIDENCE ENVELOPE CONTINING TWO PRICEWATERHOUSE INVOICES AND TWO OTHER ENVELOPES.
EXHIBIT 154: EVIDENCE ENVELOPE CONTAINING PHOTO ALBUM WEDDING PICTURES FOUND IN WASTE PAPER BASKET

EXHIBIT XXXX: COPY PHILLIPS RECEIPT 12/23/02

Wednesday, 21 Jul 2004

Minutes

Prosecution Witness #78:  Richard House, MPD Detective  Testimony

Prosecution Witness #79:  Mike Hermosa, MPD Detective  Testimony

Prosecution Witness #80:  James Richard Eichbaum, MPD Detective  Testimony

Eichbaum participated in the February 18-19 2003 search warrant at 523 Covena, assigned to search the Nursery and the 2nd bedroom.  He also participated in the Bay searches in October 2003.

Exhibits Introduced

155(A)- COLOR PHOTOGRAPH OF CLOSET CONTAINING CLOTHES AND DUFFEL BAG
155 (B)- COLOR PHOTOGRAPH OF CLOSET CONTAINING CLOTHES AND DUFFEL BAG WITH DIGITAL TIME SHOWING.
YYYY-(1) COPY OF TIRE FOUND AT GPS PT. C9 "HOOD 400" FOUND AT DIVE
YYYY-(2) COPY OF PABST BEER CAN FOUND AT DIVE

Prosecution Witness #81:  David Lee Hawn, MPD Officer  Testimony

Exhibits Introduced

156- ENVELOPE AND CONTENTS OF PIECE OF CONCRETE
157- 3 PGS. OF PHOTOGRAPHS (GROUP EXHIBIT) PG 2 ONLY SHOWN TO THE JURORS
 

Prosecution Witness #82:  Veronica Holmes, MPD  Testimony

Exhibits Introduced

158(A) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BERKELEY MARINA
158(B) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BROOKS ISLAND TO SHORE
158(C) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BROOKS ISLAND TO SHORE
158(D) COLOR PHOTOGRAPH DATED 1/10/04 BEACH VIEW

ZZZZ-COPY OF PROPERTY RECORD CASE # 02-142591

Prosecution Witness #83:  George Frederic Hrusa, CA DOJ Crime Lab  Testimony

Exhibits Introduced

159(A)-MICROSCOPIC COLOR PHOTO OF PLANT (GRASS)
159(B)-MICROSCOPIC COLOR PHOTO OF PLANT (GRASS)

Prosecution Witness #84:  John Nelson, Contra Costa County Sheriff's Dept Criminalist  Testimony

Exhibits Introduced

PHOTOS 160 A-G:
EXHIBIT 160-A: VIEW OF RIGHT UPPER THIGH AREA AND DUCT TAPE
EXHIBIT 160-B: RED PIECE OF PLASTIC ON CHEST AREA
EXHIBIT 160-D: EVIDENCE ENVELOPE WITH FOUR WHITE BINDLES CONTAINING HAIRS.
EXHIBIT 160-E: EVIDENCE ENVELOPE CONTAINING PUBIC HAIR SAMPLE
EXHIBIT 160-F: EVIDENCE ENVELOPE CONTAINING PAPER BINDLE WITH PUBIC HAIR.
EXHIBIT 160-G: PUBIC HAIRS

EXHIBIT D5A-1: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5A-2: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5A-3: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5B: PHOTO DUCT TAPE WITH SCALE
EXHIBIT D5C-A: PHOTO TARGET PLASTIC BAG W/DUCT TAPE AND METAL BAR
EXHIBIT D5C-B: PHOTO TARGET PLASTIC BAG W/DUCT TAPE
EXHIBIT D5C-C: PHOTO TARGET PLASTIC BAG W/DUCT TAPE
EXHIBIT D5C-D: PHOTO PLASTIC BAG W/DUCT TAPE
EXHIBIT 5C-E: PHOTO TARGET PLASTIC BAG WITH DUCT TAPE
EXHIBIT 5C-F: PHOTO TARGET PLASTIC BAG WITH DUCT TAPE
EXHIBIT 5C-G: DUCT TAPE AND METAL BAR

Prosecution Witness #85:  Sandra Jagoda, Contra Costa County Coroner's Ofice  Testimony

Prosecution Witness #86:  Gary Alan Sims, CA DOJ  Testimony

Prosecution Witness #87:  Angelynn R. Moore, CA DOJ Criminalist   Testimony

Moore performed the DNA tests that identified Laci and Conner. Moore provided a short presentation on how DNA works, and then discussed the specific results of her tests for Baby Doe and Jane Doe.  For Baby Doe, she was given the left femur (DNA 1) and some muscle tissue (DNA 2), and from Jane Doe some muscle tissue (DNA 3) and the right tibia (DNA 4).  The tests she runs provide a total of 14 points for comparison, however she was only able to come up with 9 points of comparison for each. 

Exhibits Introduced

EXHIBIT 161 - DNA POWERPOINT PRESENTATION

Thursday, 22 Jul 2004

Minutes

Prosecution Witness #87:  Angelynn R. Moore, CA DOJ Criminalist  Testimony

To determine the identity of Jane Doe, she analyzed cheek swabs from Dennis Rocha (DR 2) and Sharon Rocha (SR 2), which each produced 14 points.  For Laci's DNA, she had 8 hairs collected from a hair brush (26 A-1), and a pap smear (Item No. 1).  She wasn't able to extract DNA from the hairs because they didn't have roots, and the pap smear was never used. For Baby Doe's identity, she also analyzed a blood stain card from Scott (18-A).  Jane Doe's DNA was consistent with being the daughter of Dennis and Sharon Rocha, statistically a one point nine billion times more likely to get this profile from these two parents than from a couple that you would pick out of the general population.  Baby Doe's DNA was consistent with being the biological child of Scott and Laci, statistically 18 billion times more likely to get that profile from those two parents than from a couple out of the general population. 

Mark Geragos said he offered to stipulate the the bodies were Laci and Conner, and so he had no questions for this witness.

Exhibits Introduced

EXHIBIT 162

 162-E: EVIDENCE ENVELOPE CONTAINING DNA SAMPLES.
 162-F: EVIDENCE ENVELOPES CONTAINING SWAB/HAIR SAMPLES.
 162-G: EVIDENCE ENVELOPES CONTAINING DNA SAMPLES
 162-H: EVIDENCE ENVELOPES CONTAINING HAIR BRUSH SAMPLES, ETC.
 162-I: EVIDENCE ENVELOPE CONTAINING BLACK/BLUE HAIR BRUSH.
 162-J: EVIDENCE ENVELOPE CONTAINING HAIRS FROM HAIR BRUSH.
 162-K: CLOSE UP OF EVIDENCE ENVELOPE
EXHIBIT 163-A: CHART BLOW UP OF EXHIBITS 163-B AND C
 

Prosecution Witness #88:  Rodney Oswalt, Criminalist CA DOJ  Testimony

The majority of Oswalt's testimony focused on his analysis of the hair in the pliers.  Oswalt concluded that they were two separate hairs, not one hair broken into two pieces, but they could have been stuck together giving the appearance of being one hair when Hendee first collected them.  He also examined the pubic hair found on the duct tape on Laci's body and ruled out Scott as the donor.  He said Laci may have been the donor.

Exhibits Introduced

EXHIBIT 164 A-D

 164-A: PHOTO EVIDENCE ENVELOPE CONTAINING THREE HAIR SAMPLES (FROM PLIERS, BROWN BRUSH, AND BLUE/BLACK HAIR BRUSH.
 164-B: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE #144A
 164-C: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE FROM BLUE/BLACK HAIR BRUSH.
 164-D: PHOTO BLUE/BLACK HAIR BRUSH WITH HAIR SAMPLES REMOVED.

EXHIBIT 165: HAIR ANALYSIS

EXHIBIT 168 A-B
 168-A: PHOTO NON HAIR FIBERS AND HAIR FIBERS
 168-B: PHOTO PUBIC HAIR STRANDS FOR LACI AND SCOTT
EXHIBIT 169 - PHOTO HAIR UNDER MAGNIFICATION.

Monday, 26 Jul 2004

Brian Ullrich testified about the insurance policies taken out by Scott and Laci. Brian met Scott back in San Luis Obispo when the Peterson's ran the Shack. At the time the Petersons purchased their home in October 2000, Brian was engaged to one of Laci's best friends. Brian and his fiancée attended the Peterson's house warming party in November 2000 and their Christmas party in 2000. In January 2001, Brian changed careers and began working as a financial advisor. He called Scott to see if he had any interest and then both Scott and Laci met with Brian. Brian recommended Scott take out a $250K policy and Laci a $100K, both the whole life type. Laci asked to have the same amount as Scott. They also initiated IRA accounts, with Scott making a lump sum payment into his. Geragos suggested on his cross that he used money from an IRA roll-over, but Brian couldn't confirm that. The premiums for the insurance policies were $150 each, and the IRA contribution $75 each, for a total of $450 taken directly from their checking account each month.

Having purchased the life insurance policies so long before Laci disappeared doesn't immediately remove them as a financial motive. However, the total absence of any effort on Scott to claim the life insurance after she disappeared, or to even inquire into it, does. If the insurance was a motive, surely he would have researched the kind of policy he had and know that a policy cannot be collected on a missing person for a number of years. Geragos suggested it was 7 in California, but Brian wasn't certain. Surely he would have arranged her death in a way to produce a body, so he could collect the insurance. Surely he would at least inquire about payment from the life insurance company. However, Brian testified that Scott did not make a single inquiry about the life insurance after Laci disappeared.

Tuesday, 27 Jul 2004

Minutes

EXHIBIT 136-B: GLORIA GOMEZ UNEDITED VERSION OF INTERVIEW WITH SCOTT PETERSON.
 

Thursday, 29 Jul 2004

Judge Delucchi ruled on the interviews that will be allowed as evidence Transcript

Exhibits Introduced

EXHIBIT 137-B: TED ROWLANDS REDACTED TAPE.
 

Monday, 02 Aug 2004

Minutes

Prosecution Witness #92:  Gary Nienhius, Modesto City Auditor  Testimony

Exhibits Introduced

EXHIBIT D5E - CREDIT REPORT FOR SCOTT PETERSON - 16 PGS.
EXHIBIT D5F-1: SCHEDULE A - 2001 FOR SCOTT PETERSON
EXHIBIT D5F-2: TECHNOCROP W-2 - SCOTT PETERSON
EXHIBIT D5F-3: TRADE CORP INCOME TAX - 2001
EXHIBIT D5F-4: (NOT IDENTIFIED) - BLANK PAGE
EXHIBIT D5G: KEY FIGURES - GLOBAL DATA
EXHIBIT D5H: 2 PAGE-MBNA AMERICA CREDIT CARD STATEMENT

Prosecution Witness #93:  Jeffrey John Coleman, TradeCorp Accountant  Testimony

Prosecution Witness #94:  Kipp Loving, Turlock PD  Testimony

Prosecution Witness #95:  Kirk Stockham, MPD  Testimony 

Exhibits Introduced

EXHIBIT 174 A-H

  174-A: PHOTO TWO LAP TOP COMPUTERS AT HOME - (DELL AND COMPAQ)
  174-B: PHOTO DELL AND COMPAQ LAP TOPS AT HOME
  174-C: PHOTO CLOSE UP COMPAQ COMPUTER AT HOME
  174-D: PHOTO WORKPLACE COMPUTERS: DELL AND IBM THINK PAD AT WORK.
  174-E: PHOTO CLOSE UP OF IBM THINK PAD, PLACARD #103 AT WORK
  174-F: PHOTO IBM THINK PAD (OPEN) AT WORK
  174-G: PHOTO DELL P.C. AT WORK
  174-H: PHOTO DELL P.C. CLOSE UP (PLACARD #104) AT WORK.

Tuesday, 03 Aug 2004

Minutes

Prosecution Witness #95:  Kirk Stockham, MPD  Testimony

Exhibits Introduced

EXHIBIT D5K: CENTRAL SAN FRANCISCO BAY - DEC. 6, 2002 AND MAP SAN PABLO BAY.

EXHIBIT D5L

   D5L-1: S.F. BAY CURRENTS - SOUTHAMPTON SHOALS
   D5L-2: PICTURE OF BOAT AND MAP SOUTHAMPTON SHOALS
   D5L-3: COMPUTER PRINTOUT WITH FILE NAMES AND TIMES
 

Prosecution Witness #96:  Donald Toy, EchoStar Manager  Testimony

THE PROPOSED TESTIMONY BY MR. TOY, CUSTODIAN OF RECORDS FOR ECHO STAR, SDT DOCUMENTS RECEIVED REGARDING ADULT PROGRAMS ORDERED BY THE DEFENDANT IS ARGUED BY RICK DISTASO AND MARK GERAGOS.

THE COURT RULED ALL THE HANDWRITTEN NOTES ARE INADMISSIBLE.
THE COURT RULED THE PEOPLE CAN USE THE ECHOSTAR/ DISHNET SUBPOENAED RECORDS REGARDING WHEN THE SERVICE WAS STARTED BY LACI AND CHANGED BY SCOTT ON JAN. 8 AND 12, 2003 AND CANCELLED ON FEB. 18, 2003. ANY HANDWRITTEN NOTES TO BE EXCLUDED (THE PEOPLE REMOVE THE 2 HANDWRITTEN NOTES FROM THE DOCUMENTS).

Exhibits Introduced

EXHIBIT 175: ECHO STAR SUBPOENAED DUCES TECUM DOCUMENTS BINDER.

Prosecution Witness #97:  Lisa Krueger, sister of a good friend of Sharon Rocha  Testimony

Exhibits Introduced

EXHIBIT 176-A-J: VARIOUS PHOTOS AT VIGIL:
   176A: STAGE FOR VIGIL DEC. 31, 2002
   176B: STAGE FOR VIGIL DEC. 31, 2002
   176C: CROWD, COMMUNITY AT VIGIL
   176-D: CROWD AND COMMUNITY AT VIGIL
   176-E: LISA KRUEGER, CROWD, TV TRUCKS AT VIGIL
   176-F: LISA KRUEGER, CROWD, TV TRUCKS AT VIGIL
   176-G:CROWD AND COMMUNITY AT VIGIL
 

Prosecution Witness #98:  Kenneth McCall, Rotary Club acquaintance  Testimony

Prosecution Witness #99:  Michael S. Wilson, Attended the vigil  Testimony

Prosecution Witness #100:  Lissa McElroy, Sharon Rocha's friend/co-worker Testimony

McElroy's testimony was stricken from the record because of discovery violation.

Prosecution Witness #100:  Lydell Wall, Stanislaus County Sheriff's Dept.  Testimony

Court finds Wall to be an Expert in Computer Forensics

Wednesday, 04 Aug 2004

Minutes

Prosecution Witness #100:  Lydell Wall, Stanislaus County Sheriff's Dept.   Testimony

Exhibits Introduced

EXHIBIT 177: SCREEN PRINT - INTAKE SOFTWARE
EXHIBIT 178-A-E: MODBEE-MODESTO BEE-CLASSIFIED WEBSITES:
EXHIBIT 178-A: 12/7/02 - 9:44:20 A.M.
EXHIBIT 178-B: 12/7/02 - 4:41:21 P.M.
EXHIBIT 178-C: 12/7/02 - 4:41:52 P.M.
EXHIBIT 178-D: 12/7/02 - 4:42:12 P.M.
EXHIBIT 178-E: BOAT ADS, 12/7/02 4:42:50
EXHIBITS 179 A-U: BINDER ANALYSIS OF DELL LAPTOP HOME COMPUTER SYSTEM DOCUMENTS FOR 12/8/02 - A.M.

    179A

    179A-F

    179G-U
EXHIBIT 180-A: DELL LAPTOP OCSC- BERKELEY MARINA 12/8
EXHIBIT 180-B: OCSC - PARKING AREA BERKELEY MARINA
EXHIBIT 180-C: MAP SUSUIN AREA 12/8/02
EXHIBIT 181: 4 PGS. EMAIL FROM SHAWN TO SCOTT (DELL LAPTOP- HOME) (SEE ALSO DEFTS. EXH. UU)

EXHIBIT 182 A-DD: BINDER COMPUTER PRINTOUTS WITH DATE/ TIME 12/8/02 - P.M. SESSION.
EXHIBIT 183-A: SMALLER PHOTO OF CENTRAL S.F. BAY MAP - 12/8/02 09:52:54 P.M.
EXHIBIT 183-B: LARGER PHOTO OF EXHIBIT 183-A
EXHIBIT 184: EMAIL FROM ERIC OLSON TO SCOTT PETERSON ON 12/26/02, 11:37:58
EXHIBIT 185 2 PG. EMAIL FROM SCOTT ON 12/23 TO TRADECORP RE CHANGE OF ADDRESS.
EXHIBIT 186: 2 PG. EMAIL (DELL HOME LAPTOP) 12/24 8:54 SCOTT AND J. SHOCKLEY - EBAY TRANSACTION

EXHIBIT 187-B: EMAIL 12-16-02 - 18:42:52
EXHIBIT 187-C: EMAIL 12-17-02 - 06:41:46
EXHIBIT 188: EMAIL FROM DELL LAP TOP - PURCHASE FOR AMBER FREY - 12/20/02 11:39:20
EXHIBIT 189-A: DELL LAPTOP - S.F. BAY CURRENTS 12/8, 9:53:52
EXHIBIT 189-B: DELL LAPTOP - CENTRAL S.F. BAY MAP

 

Prosecution Witness #101:  Gregory Brien Reed, Peterson friend   Testimony

Thursday, 05 Aug 2004

Minutes

Two In-Chamber conferences held.  The Court told the Jury that there is newly discovered evidence that needs to be examined by both sides.  Trial continued to Tuesday, August 10.  Transcript

THE PARTIES STIPULATE THAT IF AGENT TERRY SCOTT WERE CALLED TO TESTIFY HIS TESTIMONY WOULD BE THAT HE PICKED UP 2 PACKAGES THAT WERE 2 TRANSPORT ENVELOPES FROM BILL HUDLOW OF THE CALIFORNIA DEPT. OF JUSTICE. THAT AGENT SCOTT TOOK THOSE 2 TRANSPORT ENVELOPES AND PLACED THEM INTO ONE LARGER BAG AND TRANSPORTED THEM, IN HIS CUSTODY TO THE FBI LABORATORY, CHAIN OF CUSTODY PERSONNEL, AND AFTER TESTING, THE ENVELOPES WERE RETURNED TO DET. GROGAN OF THE MODESTO POLICE DEPARTMENT.

EXHIBIT 190A-F

EXHIBIT 190-A: PHOTO - FRONT OF TRANSPORT ENVELOPE
EXHIBIT 190-B: PHOTO - BACK SIDE OF 190-A
EXHIBIT 190-C: PHOTO - FIRST EVIDENCE TRANSPORT ENVELOPE CONTAINING ITEM #144A - HAIR.
EXHIBIT 190-D: PHOTO SECOND EVIDENCE TRANSPORT ENVELOPE WITH ITEMS: 26A-2, DNA-4A, SRZ, 18A, AND 425-1/425-7.
EXHIBIT 190-E: PHOTO - BACK OF TRANSPORT ENVELOPE FROM FBI TO DET. GROGAN, MODESTO P.D.
EXHIBIT 190-F: FRONT OF TRANSPORT ENVELOPE IN EXHIBIT 190-E.

Tuesday, 10 Aug 2004

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

Amber was the only witness called this week, and most of her testimony consisted of taped conversations between her and Scott.

Exhibits Introduced

EXHIBIT 191 A-G: EVIDENCE ENVELOPE WITH SEVEN PHOTOS:
EXHIBIT 191-A: PHOTO SCOTT AND AMBER IN TRUCK
EXHIBIT 191-B: SMALL-PHOTO SCOTT/AMBER BY CHRISTMAS TREE
EXHIBIT 191-C: PHOTO LARGER PHOTO OF EXHIBIT 191B
EXHIBIT 191-D: PHOTO SCOTT/AMBER BY DOOR
EXHIBIT 191-E: PHOTO SCOTT IN CHAIR
EXHIBIT 191-F: PHOTO SCOTT WITH SANTA HAT
EXHIBIT 191-G: PHOTO SCOTT/AMBER IN TRUCK
EXHIBIT 192 A-C: EVIDENCE ENVELOPE CONTAINING PHOTOS.
EXHIBIT 192-A: SCOTT/AMBER BY CHRISTMAS TREE
EXHIBIT 192-B: SCOTT AND AMBER
EXHIBIT 192-C: SCOTT AND AMBER SITTING IN CHAIR.
EXHIBIT 193 A-K: EVIDENCE ENVELOPE CONTAINING PHOTOS.
EXHIBIT 193-D: SCOTT
EXHIBIT 193-E: SCOTT
EXHIBIT 193-F: SCOTT AND AMBER
EXHIBIT 193-G: SCOTT AND AMBER
EXHIBIT 193-H: SCOTT AND AMBER
EXHIBIT 193-I: SCOTT PUTTING ON TIE
EXHIBIT 193-J: SCOTT PUTTING ON TIE
EXHIBIT 194: ENVELOPE AND CONTENTS CONTAINING CHRISTMAS CARD FROM AMBER TO SCOTT WITH PHOTO
EXHIBIT 195: BINDER AND CONTENTS WITH TRANSCRIPTS OF PHONE CALLS IN BINDER 196 A-U
EXHIBIT 195-A: TRANSCRIPT
EXHIBIT 196-A: MESSAGE LEFT 12/19 PLAYED

EXHIBIT 195-B: TRANSCRIPT
EXHIBIT 196-B: PHONE CALL 12-30-02, 1701 HOURS
EXHIBIT 195-C: TRANSCRIPT
EXHIBIT 196-C: PHONE CALL 12-30-02, 1703 HOURS
EXHIBIT 195-D: 2 PG. TRANSCRIPT
EXHIBIT 196-D: PHONE CALL 12-31-02, 1505 HOURS
EXHIBIT 195-E: 3 PG. TRANSCRIPT
EXHIBIT 196-E: 12-31-02 - 1618 HRS.
EXHIBIT 195-F: TRANSCRIPT
EXHIBIT 196-F: 12-31-02 - 1620 HOURS

Wednesday, 11 Aug 2004

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

Exhibits Introduced

EXHIBIT 195-G: TRANSCRIPT, 42 PGS.
EXHIBIT 196-G: 1-1-2003, 0001 HOURS

EXHIBIT 196-I

EXHIBIT 196-J

EXHIBIT 196-N

Thursday, 12 Aug 2004

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

More taped conversations played, but are not listed by the Clerk in the minutes.

Monday, 16 Aug 2004

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

Amber was the only witness called this week, and most of her testimony consisted of taped conversations between her and Scott.  Her Cross Examination was postponed until Monday, August 23.

Exhibits Introduced

EXHIBIT 198: BINDER AND CONTENTS, TRANSCRIPTS A-H OF CONVERSATIONS WITH SCOTT AND AMBER.
    198A, 198B, 198C, 198D, 198E, 198F, 198G, 198H,

Tuesday, 17 Aug 2004

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

Exhibits Introduced

EXHIBIT 200 - BINDER AND CONTENTS, TRANSCRIPTS A-K

    200A, 200B, 200C, 200D, 200E, 200F, 200G, 200H, 200I, 200J, 200K

Wednesday, 18 Aug 2004

Minutes

Geragos was expected to Cross Examine Amber, but Delucchi dismissed court without her taking the stand. No court until Monday. 

Monday, 23 Aug  2004 

Minutes

Amber's cross examination was delayed today. A serious accident on Hwy 101 delayed some of the jurors and the Judge and attorneys also had some business to discuss in Chambers. And, a witness who came from Florida took the witness stand first

Prosecution Witness #103:  Mary Anderson, AT&T Wireless records dept.  Testimony

Anderson, from AT&T fraud, testified about how the cell phone tracking works, how they are picked up by the different cell towers and transferred.  The emphasis was the 12-24 call at 10:08 that the Prosecution is using to timeline Scott's departure from the house.  Geragos said he and Jacobsen met with Anderson yesterday, and Geragos said she told them the call was from an outside line, not from his cell phone, but then testified today that the call was from his cell phone.  She said there are three things to check to tell if it is a voicemail check from the cell phone itself or from another line checking the voice messages for that cell phone.  After reviewing all the records, she concluded that he made the call from his cell phone.  Geragos established that calls Scott made from his cell phone when he was known to be at 523 Covena, walking around in the front yard on the night of the 24th, were picked up by three different cell towers.  Anderson said if one tower is busy, another picks it up.
 

Exhibits Introduced

EXHIBIT 203 A-G, A-1: BINDER AND CONTENTS AT&T PHONE RECORDS.

  203-A: AT&T SUBPOENA RESPONSE COVER SHEET FOR FRAUD RECORDS - EASTERN STANDARD TIME, 29 PAGES
  203-B: 12-24-02, CELL SITE RADIUS MODESTO
  203-D: TEST CONFIRMING CELLULAR TELEPHONE CALL BY SCOTT PETERSON ON 12-24-02 AT 10:08 A.M.
  203-E: EASTERN STANDARD TIME, CELL SITE DATA
  203-F: PACIFIC STANDARD TIME, 12/20/02 TO 02/15/ 2004
  203-G: EASTERN STANDARD TIME CALLS FOR 12-23 TO 12-26-02
  203 A-1: PACIFIC STANDARD TIME SUMMARY OF MONTHLY CHARGES FOR SCOTT PETERSON, 14 PGS.

EXHIBIT 204: BINDER AND CONTENTS, AT&T PHYSICAL CELL SITE CONVERSION CHART. (sealed)
EXHIBIT 205: BINDER AND CONTENTS AT&T PHYSICAL CELL SITE LOCATIONS. (sealed)
EXHIBIT 206-A: JACKIE PETERSON, (858-232-2203), FEB. 14- APRIL 19, 2003 (sealed)
EXHIBIT 206-B: SCOTT PETERSON, (209-505-0337), 11-1-02/ APRIL 18, 03 (sealed)
EXHIBIT 206-C: SAN DIEGO CRATING & PACKAGING, (619-204-7166), 11-1-02/5-1-03 (sealed)
EXHIBIT 206-D: SCOTT PETERSON, (209-499-8427), 9-29-02/2-24-03.(sealed)

EXHIBIT 206-E: CALIFORNIA LATHAM, (415-990-1817), 4-2-03/4-19-03. (sealed)
 

Prosecution Witness #102:  Amber Frey  Testimony

Geragos cross examined Amber.  When Amber did take the stand, Geragos ruffled some feathers by first saying he didn't have any questions, then with the jaws in full drop he quirps, just kidding. Those in attendance say the reaction was mixed.

Amber seemed to have convenient memory lapses during the cross. She often said she didn't remember, or she couldn't be sure. What Geragos was able to pull from her this first day was a clearer picture of how Amber got into the relationship with Scott, a little bit of the nature of the relationship, and how Richard Byrd fit into her growing suspicions about Scott. Geragos emphasized the amount of drinking and sex the couple had in their 4 dates.

He drew attention to the call chart, with no calls between November 19-23; Amber responded she was sure Scott called, and he must have used a pay phone. Amber had 3 phone calls with Byrd on the 8th, plus a visit with Shawn, but she didn't remember if they talked about Scott. On the 21st she had another lengthy phone call with Byrd, but couldn't recall if they talked about Scott, but possibly they did. Byrd, she says, is the one that first became suspicious of Scott, but she didn't remember just when that was. Byrd asked her, when do you want me to check this guy out? He said he would after David Perez, his roommate, returned. Perez is a detective in Sacramento, and has a larger database Amber said than the one Byrd had access to in Fresno.

No calls from the Dec 20-24th, but Amber said he called from Sacramento. She called the number back, and no answer. She thought he was at the airport there, so she called and had him paged. He did not answer the page. She called Scott twice on Christmas and left messages. Then Doug Sibley (Shawn's uncle) called Scott using Amber's phone.

Geragos asked Amber how many times she called Scott on the 26th; she couldn't remember. He showed her the phone records and had her count them. 14. But they weren't all connections. She said she was trying to contact him to thank him for the Christmas present, which Geragos showed to the Jury.

Amber went to a friend Denise's house on the 28th and they did an internet search on Scott but didn't find anything. On the 29th she called Byrd and then went over to his house. She had met with Byrd on the evening of the 24th, but didn't recall if they talked about Scott. On the 29th, she told Byrd she was suspicious of Scott.

On the 29th, Byrd called her at 3:09 pm and left a message. She called him back at 6:20 pm, and he told her Scott may be connected to a missing woman in Modesto. He gave her the tipline to call, and she did. She did not call Scott.

On Dec 30 she met with Brocchini and Buehler in Madera. They told her Scott was a suspect, but they weren't making that public. She admitted it was her idea to pretend that she was pregnant so she could get more out of Scott. She had no problem with cooperating by taping the conversations with Scott.

Geragos asked Amber if she confided in Byrd about her cooperation with the MPD; she couldn't recall. She was at the MPD on the Jan 6 call when she confronted Scott, so she could be prepped and guided in what to ask.

Geragos closed his cross for the day with a grilling on whether Amber taped all the calls between her and Scott and/or reported them. She repeatedly said she taped all calls. She said it was never brought to her attention that MPD didn't believe she had taped all the calls, and she didn't find out about the wiretap on Scott's phones until after his arrest.

Geragos will continue his cross examination on Tuesday.

Exhibits Introduced

EXHIBIT D5N: 3 PG. AMBER FREY/RICHARD BYRD PHONE RECORD
EXHIBIT D5-O: AMBER FREY PHONE RECORD, MULTI-PAGE.
EXHIBIT D5P: BOX AND CONTENTS- STAR THEATER 2, CHRISTMAS PRESENT FROM SCOTT TO AMBER.

Tuesday, 24 Aug 2004 

Minutes

Prosecution Witness #102:  Amber Frey  Testimony

Conclusion of Geragos' cross examination.  LE told Amber that Scott was tracked in Fresno & they were worried about her & that's why they wanted her in Modesto on Jan 6,7, & 8. But this was not in any report. Seems they lied to her, told her Scott was in Fresno and tried to make her afraid. That's why she went to Modesto. LE wanted her in Modesto to watch her calls with Scott, feed her info & questions to ask. Buehler and Hagen (FBI) monitored her calls while there.

Did Scott ever tell you he loved you? Not in so many words. Back & forth...finally admits he never told her he loved her.

On 1/8, taped call introduced by Geragos, Scott tells Amber he has an Attorney. Gives her Attorney's name, spells it for her, gives ph# to attorney & also tells her Attorney told him not to talked to her, he would be pissed if he found out. And he tells her about PI they hired.

Purpose was to get incriminating info? No, to get evidence of innocence or guilt. Conversations offered by Prosecution points to evidence of guilt. Amber says other call show different perspective. Scott tells Amber he would never hurt her. He concedes he hurt her emotionally, but would never harm her physically. Amber says Laci is missing because you love me? Scott says no, she's missing because somebody took her.  LE's theory, SP loved AF = motive? Amber says I don't know what their theory was, you'd have to ask them. 

Conversations about media attention...SP saying hope they don't bother you like they hound me. They commiserated over media involvement. 

Tape from the 7th, AF, what if LE arrests you? SP, I had nothing to do with it. Geragos, did that summarize to you he didn't do it? No. Did he ever try to talk you out of going to LE? I don't recall. Did he try to dissuade you? I don't recall. Back & forth, AF finally admits he didn't try to dissuade her from going to LE. 

What happened to the notes LE passed to you? I don't know, you'll have to ask them. OK, now the pic's from the NE, you had 2 prints made? yes. You gave one set to LE and the other to your Father? yes, to put in a safety deposit box. Did you ask your Dad if he sold them? inaudible response, Marlene couldn't hear.

Dave Giardelli happened 3 years prior to Laci gone missing. Says they had a relationship, but are now just friends. He told her 3 yrs ago he lost his wife. More recently, she ran into wife at car wash...he kept lie up for 3 years.

2-19, kiss off conversation. Did Buehler tell you to do this? yes, he wanted to see SP's reaction. Did he tell you he needed to be present? I don't recall. Did he tell you to tell SP no more contact? yes. Did he tell you he was upset with you for doing this on your own, outside his presence? I don't recall. How did you perceive his reaction? I was shocked.

Byrd was at Amber's on the morning of 12-30, but left before LE arrived. She also saw Byrd on the 29th between 2-11pm at Doug Sibley's house.

Prosecution Witness #104:  Daniel White, AT&T, Dir Technical Operations  Testimony 

White confirmed that cell phone tower locations could not be used to precisely identify a person's location, mostly because the records being discussed were created for the purpose of detecting cell phone fraud, they were not intended to be used by law enforcement in cases such as this. Geragos capitalized on that point to further his argument from Mary Anderson's testimony yesterday. Much of the focus was on the Dec. 24 call to voice mail at 10:08 am. That voice mail call is critical to the Prosecution's claim. What I got out of the testimony is that usually the cell phone records can determine within a very small range where the caller is, but not always. White said he could not rule out the exceptions to the usual pattern until he had checked more records for site traffic at that time on the 24th. He hadn't yet checked these records because he wasn't asked to.

Exhibits Introduced

EXHIBIT D5Q: DIAGRAM CELL PHONE SECTORS

Prosecution Witness #105:  Steven Jacobson, Stanislaus County DA Investigator   Testimony

Jacobson's testimony centered mostly on his qualifications to conduct a wiretap investigation.

Wednesday, 25 Aug 2004 

Minutes

COURT EXHIBIT 20- COURT OF APPEAL DECISION IS MARKED FOR IDENTIFICATION.

Prosecution Witness #105:  Steven Jacobson, Stanislaus County DA Investigator   Testimony

Jacobsen did two tests to determine where Scott was at that 10:08 call on the 24th. He drove from Covena to the Warehouse using three different routes: turning from Covena onto Edgebrook, turning from Covena onto Encina, and turning from Covena onto Miller. Each time the call was picked up by Brighton cell tower and handed off to 10th & D. He did the test for the latter two routes in June 2004. He called a person that was using a stop watch and was on the phone precisely 1 min 21 sec, the duration of Scott's call.

Jacobsen explained how the wiretaps work. The audio part of the phone call is recorded in a wave file; the data is also collected but then has to be married to the wav file.  The wiretaps run on a penlink system from a company in Nebraska. He said he didn't have enough training, inquired about more training, it would cost over $700, so he didn't get it. Jacobsen said he didn't want to get into his "employer," not the place for that. A gentleman came from Nebraska to help out. The data and wave files are stored in a buffer. They lost 176 calls. Jacobson conceded that wiretaps are a measure of last resort, indicating the other avenues yielded no evidence.

Jacobson also monitored the calls between Amber and Scott.  He didn't trust Amber and thought there was a conspiracy between them.  She wasn't recording all calls between them.  Jacobson continued to be suspicious until a week before his testimony, when Buehler convinced him Amber was straight.
 
Wiretaps entered as exhibits and played for the Jury:

•Calls made by Scott from his cell phone on January 11

People's 207A Diagram, Morning of January 11

People's 207A-4  Overview Of Map

People's 207A-2 & A-3 10:48 am, Jackie Peterson

People's 207A-5 12:55 pm, voice mail from Sharon Rocha

People's 207A-6 & A-7 12:56 pm, Sharon Rocha

People's 207A-8 & A-9 1:01 pm, Lee Peterson

People's 207A-10 & A-11 1:21 pm, Guy Miligi

People's 207A-12 1:25 pm, voice mail to Mike Richardson

People's 207A-13 & A-14 1:31 pm, Heather Richardson

People's 207A-15 2:02 pm, Robert Weaver

•Calls about selling the house

People's 207C-1 Diagram of calls

People's 207C-2 January 22, 2003, 5:39 pm Brian Argain

People's 207C-3 January 23, 2003, 5:42 pm voicemail for Brian Argain

People's 207C-4 January 27, 2003, 5:41 pm Brian Argain

People's 207C-5 January 29, 2003, 3:32 pm Brian Argain

•Calls about the Longview Washington Sighting

People's 207D-1 Diagram of calls

People's 207D-2 January 30, 2003, 9:09 pm From Rita Cosby

People's 207D-3 January 30, 2003, 9:18 pm From Heidi & Aaron Fritz

People's 207D-4 January 31, 2003, 8:28 am From Michael Reel

People's 207D-5 January 31, 2003 time unknown Voicemail from Jackie Peterson

People's 207D-6 January 31, 2003, 9:28 am Jackie Peterson

People's 207D-7 January 31, 2003, 10:02 am Longview WA Police Dept.

People's 207D-8 January 31, 2003 10:11 am Jackie Peterson

People's 207D-9 January 31, 2003 11:23 am Voicemails from Rita Cosby & Eric Olsen

People's 207D-10 January 31, 2003 11:25 am Eric Olsen

People's 207D-11 January 31, 2003 4:09 pm Checking voicemail

People's 207D-12 January 31, 2003 7:38 pm Amber Frey

People's 207D-13 February 1, 2003 10:08 am Amber Frey

People's 207D-14 February 1, 2003 10:55 am Amber Frey

People's 207D-15 February 1, 2003 1:06 pm Amber Frey

People's 207D-16 February 2, 2003 3:54 pm Voice message for Janey Peterson

People's 207D-17 February 2, 2003 5:03 pm Janey Peterson

People's 207D-18 February 3, 2003 9:08 am Voice message from Rita Cosby

People's 207D-19 February 3, 2003 2:39 pm Voice message for Joan Faria

People's 207D-20 February 3, 2003 2:39 pm Detective Jacobs, Longview PD

Thursday, 26 Aug 2004

Minutes

Prosecution Witness #105:  Steven Jacobson, Stanislaus County DA Investigator   Testimony

Exhibits Introduced

D-20:  Scott Peterson and Detective Jacobs, Longview PD, February 3, 2:49 pm

EXHIBIT D5R-1: MODBEE.COM NEWS ARTICLE POSTED 01/11/03, 16:12:00
EXHIBIT D5R-2: MODBEE.COM NEWS ARTICLE POSTED 01/11/03, 07:09:00
EXHIBIT D5R-3: MODBEE.COM NEWS ARTICLE POSTED 01/10/03, 09:19:00

Prosecution Witness #90:  Lydell Wall, Stanislaus County Sheriff's Dept.   Testimony

EXHIBIT 207-E WAS EXCLUDED

Monday, 30 Aug 2004

Minutes

Prosecution Witness #90:  Lydell Wall, Stanislaus County Sheriff's Dept.   Testimony

Exhibits Introduced

EXHIBIT D5U: 12/26/02 RECOVERY EMAIL FROM GUY DAVIDSON

Prosecution Witness #106:  Jason Tardiff, Enterprise Rent-a-Car  Testimony

Exhibits Introduced

EXHIBIT 208 A-G: FOLDER WITH ENTERPRISE CAR RENTAL RECORDS FOR SCOTT PETERSON.
EXHIBIT 208-A: 1/2/03 - NEON RENTAL
EXHIBIT 208-B: 1/6/03 - CIVIC RENTAL
EXHIBIT 208-C: 1/8/03 - WHITE SONOMA PICKUP.
EXHIBIT 208-D: 1/10/03 - TOWNCAR RENTAL
EXHIBIT 208-E: 1/27/03 - DAKOTA RENTAL
EXHIBIT 208-F: 2/18/03 - TAHOE RENTAL
EXHIBIT 208-G: DATES OF RENTAL, ETC.

Prosecution Witness #105:  Steven Jacobson, Stanislaus County DA Investigator   Testimony

Exhibits Introduced

EXHIBIT D5V-1: TRANSCRIPT OF OUTGOING CALL TO BRENT ROCHA, 01/16/03 AT 1346:41
EXHIBIT D5V-2: C.D. OF D5V-1.

EXHIBIT D5W-1: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON-FEBRUARY 9, 2003 AT 2101 HOURS.
EXHIBIT D5W-2: C.D. OF D5W-1.
EXHIBIT D5X-1: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON-FEBRUARY 16, 2003 AT 1903 HOURS.
EXHIBIT D5X-2: C.D. OF D5X-1.

EXHIBIT 207F1-A: NOVEMBER 2002-TOTAL MINUTES OF PHONE CALLS.
EXHIBIT 207F2-A: DECEMBER 2002-TOTAL MINUTES OF PHONE CALLS.
EXHIBIT 207F3-A: JANUARY 2003-TOTAL MINUTES OF PHONE CALLS.
EXHIBIT 207F4-A: FEBRUARY 2003-TOTAL MINUTES OF PHONE CALLS.

Prosecution Witness #107:  Christopher Boyer, Contra Costa County's Search & Rescue Team  Testimony

Tuesday, 31 Aug 2004

Minutes

Prosecution Witness #107:  Christopher Boyer, Contra Costa County's Search & Rescue Team  Testimony

Prosecution Witness #108:  Eloise Anderson, Trimble's handler  Testimony

Exhibits Introduced

EXHIBIT 209: PHOTO OF "TRIMBLE" (SEARCH DOG)

EXHIBIT 210: PHOTO AERIAL VIEW OF BERKELEY MARINA - "TRIMBLE" SEARCH DOG
 

Wednesday, 1 Sep 2004

Minutes

Prosecution Witness #108:  Eloise Anderson, Trimble's handler  Testimony

Exhibits Introduced

EXHIBIT D5Y: C.D. OF TRAILING EXERCISE WITH "TRIMBLE"
 

Prosecution Witness #109:  Alexander Bettis, MPD Testimony

Exhibits Introduced

EXHIBIT 211 - DIAGRAM - BLOWUP OF BERKELEY MARINA

Prosecution Witness #110:  Randy Bolinger, MPD Testimony

Prosecution Witness #111:  Dale Lingerfelt, MPD Testimony

Prosecution Witness #112:  Mark Weiglein, MPD Testimony

Prosecution Witness #113:  Jeff MacKanin, CA DOJ special agent Testimony

Thursday, 2 Sep 2004

Minutes

THE COURT ORDERED THE ARTISTS NOT TO DRAW THE FACES OF THE UNDERCOVER OFFICERS WHILE THEY ARE TESTIFYING. THE NAMES OF
THE OFFICERS ARE STATED ON THE RECORD AND THE COURTS RULING IS STATED FULLY ON THE RECORD.  Transcript
 

Prosecution Witness #112:  Mark Weiglein, MPD  Testimony

Exhibits Introduced

EXHIBIT D5Z: MAP SHOWING MEDEIROS RESERVOIR.
 

Prosecution Witness #114:  Brian Cardwell, CA DOJ agent  Testimony

Prosecution Witness #115:  Christopher Perry, Stanislaus County Drug Enforcement Unit  Testimony

Prosecution Witness #116:  Bill Pooley, MPD  Testimony

Prosecution Witness #117:  Thomas Chaplin, MPD  Testimony

Exhibits Introduced

EXHIBIT D6A: COPY SEARS RECEIPT

Prosecution Witness #118:  Jill Henry, Stanislaus County Drug Enforcement Unit  Testimony

Prosecution Witness #119:  Tera Faris, CA DOJ special agent  Testimony

Exhibits Introduced

EXHIBIT D6B: COPY KMART RECEIPT - 1/9/03

Tuesday, 7 Sep 2004  

Minutes

Prosecution Witness #120:  Officer Eric Beffa, MPD   Testimony

Prosecution Witness #121:  Detective Paul Mears, San Joaquin County Sheriff's Deputy   Testimony

These two witnesses provided information about the follow-up on the Tracy tip that was sent to the tip line via the California Highway Patrol.  The tip said a pregnant woman resembling Laci was being kept hostage at a rural setting near Tracy, with 2 white houses and an old abandoned pickup.  Beffa first went to find the houses, but could not.  He enlisted the aid of Mears, San Joaquin Sheriff's Dept, who was familiar with the area.  They were not able to find the location described in the tip, but Mears continued to follow-up in all the rural areas he was familiar with, which led him to the compound, a flop house for drug users.  Mears called in the helicopter with heat sensor devices, and heat was detected in some of the buildings, but Mears was advised by his supervisor not to go into the compound. 

Prosecution Witness #122:  Terri Western, Friend  Testimony

Western last saw Laci on Dec 14, at the Christmas party.  Laci said Scott had to go to SFO because his boss flew in and he had to meet with him.  Laci said she felt tired and her feet were swollen.  Western chided her, "Duh, you're in high heels."  Western said Laci always liked to dress well.

On Jan 14 when Western went to the Volunteer Center early that morning, she saw that Scott was visibly upset as he was answering emails.  She asked what the problem was, and he said he wanted to talk to her about selling the house, because he couldn't have Laci come back there. She replied that it was not the time to be doing that. On cross, Geragos noted that Lee and Jackie Peterson each donated $15K as a gift to help Scott and Laci pay the down payment on the house when they purchased it.  Western was the realtor they bought the house through.

Western is the person who arranged with the Red Lion to open the volunteer center there on December 26, and she is the person who decided to close it because of the article about Amber.

On cross, Geragos brought out that she was interviewed by Jon Buehler on Dec 28, and he asked Western to call him if she saw any disloyalty in the family.

Exhibits Introduced

EXHIBIT 212: PHOTO OF POSTER WRITTEN BY SCOTT AND PUT UP IN THE VOLUNTEER CENTER.

Prosecution Witness #123: Roger Content, Auto Sales  Testimony

Content handled the deal when Scott traded in the Land Rover for a used Dodge Dakota pickup.  Scott received $7500 on the Rover, which had 75,000 miles compared to the Dakota's 35,000 miles.  The net sales price less the trade-in value was $11,000.  Content came armed with the paperwork for the sale, but not the document that contains the analysis of the Rover's condition, which he said was still in his files.

Exhibits Introduced

EXHIBIT 213 - COMPUTER BUSINESS RECORDS RE SALE OF LAND ROVER, 3 PGS.

Prosecution Witness #124: Sarah Yoshida, Sr. Criminalist CA DOJ   Testimony

Yoshida was tasked with examining the needle nose pliers found in the boat and a pair of wire cutters to determine if they were used to cut some chicken wire Scott had.  The tests were negative.  Yoshida testified that the pliers had not been used since the rust started to form, because there were no clean marks, which occurs when the rust is wiped away by the cutting.  Yoshida said she swabbed both tools, usually done to detect blood and other trace evidence, but the swabs were never tested and are still at her Lab.

Yoshida's second task was to do a chemical analysis on two items of plastic material brought in.  Her tests concluded they were polyethylene, or similar product, which Geragos brought out is frequently used as shrink-wrap.  He noted the Target plastic found near Laci's body was a shrink-wrap for pallets. 

Exhibits Introduced

EXHIBIT 214A: PHOTO NEEDLE NOSE PLIERS
EXHIBIT 214B: PHOTO TOP OF PLIERS - WORKING AREA
EXHIBITS D6C 1-10: VARIOUS PHOTOS OF PLIERS:
EXHIBITS D6C 3-10: PHOTOS NOT IDENTIFIED ON THE RECORD.

Prosecution Witness #125: Geoffrey Baehr, Head Diver, Marina search & rescue team  Testimony

Baehr was captain of one of the boats with the side scan sonar that conducted 15-17 searches of the Bay in late December, January, February, March, April, and May.  His boat conducted searches in the areas of the pier pilings in the Berkeley Marina, from Brooks Island to Point Isabel (had to discontinue that search because not enough water depth), the Richmond shipping channel, and the Southamptoan Shoal.  Baehr described the difficulties they face with the black water, wind, waves, currents, and surge. He also described the process of searching a grid. 

Geragos contrasted the side scan sonar with the Hydroid system that was used later, and which Geragos said literally mapped the Bay floor of the high probability area, finding very small items.  Baehr said an 5.8 foot item showed only as an 1/4 inch object on the screen of the side sonar computer, so it could never "see" such small items. 

Baehr would not state that nothing of evidentiary value was found because he said he was not the one who determined evidentiary value.

Exhibits Introduced

EXHIBIT 215: CHART/MAP SAN FRANCISCO BAY
EXHIBITS 216 A-G: VARIOUS SONAR IMAGES
 

Prosecution Witness #126: Kevin Bertalotto, DA's Office  Testimony

Bertalotto testified about the various waterways in the Modesto area with boat launch ramps where Scott could have gone fishing on Dec. 24.  He was asked to identify the distance for about a dozen places, all much shorter than the 90 mile jaunt to Berkeley Marina.  Bertalotto will return on Thursday because Geragos didn't have the materials he needed for the cross examination.

Wednesday, 8 Sep 2004

Minutes

Prosecution Witness #127:  Mark Purdom, Property Manager  Testimony

Purdom's property management company leased the space on North Emerald to Trade Corps, with a lease that expired Oct 31, '03.  Distaso entered into evidence the Jan. 13, '03 letter Scott sent to request early termination of the lease.  Purdom didn't grant that request.  An early Mar 31, '03 termination was worked out with Trade Corps via some local attorneys.  Geragos noted Scott paid the rent on the space for March and April with his own personal funds, and that Trade Corps, as early as Oct '02, had sought a lease with American Warehouse in Fresno, indicating a corporate decision to relocate the headquarters.

Exhibits Introduced

EXHIBIT 218: TRADECORP INTENT TO VACATE
EXHIBIT 218A: CROWNVIEW REPLY
EXHIBIT D6D: GROUP OF DOCUMENTS (COPIES OF CHECKS AND TERMINATION OF LEASE).
EXHIBIT D6E: LETTER FROM SCOTT PETERSON-TRADECORP AND FAX FACE SHEET.

Prosecution Witness #128:  Karen Korsberg, FBI Laboratory Trace Evidence Unit  Testimony

Exhibits Introduced

EXHIBITS 219 A-P: PHOTOS FRONTS/BACKS OF TRANSPORT ENVELOPES.
Prosecution Witness #129:  Kimberly Reubush, FBI Laboratory Trace Evidence Unit  Testimony

Korsburg did the trace evidence analysis on the two hairs MPD says were found in the pliers in Scott's boat.  The longer of the two hairs was labeled Q1.  She compared this hair with Scott's head hair and hair from Laci's black-blue hairbrush:  Scott was excluded, and the hair from the brush was consistent with Q1.  Geragos asked what-if questions to suggest that we have no guarantee that the hair from that brush was Laci's.  He also referred to the pubic hair found on the tape attached to Laci's remains, which was not tested to see if it was Laci's. 

Reubush simply confirmed the integrity of Korsborg's tests.

Prosecution Witness #130: Constance Fisher, FBI Laboratory DNA 2 Unit  Testimony

Fisher performed the mtDNA tests on a 2 cm portion of the longer hair from the pliers, now designated Q1.1.  She explained the basics of DNA and the differences between nuclear and mtDNA.  She also explained the test process and the measures they take to eliminate contamination.  The mtDNA tests were completed by comparing the base sequences for Q1.1 to a blood sample from Scott and a cheek swab from Sharon Rocha.  Her opinion is that Scott is excluded, and that Laci cannot be excluded.  Fisher then put the sequence through the database used by the FBI, which gave a 1 in 112 rate of occurrence among Caucasians.

Geragos didn't challenge the integrity of the tests, but did repeatedly remind the Jury through his questioning that the tests do not prove the hair was Laci's, she just couldn't be excluded.  He also suggested it would have been good for MPD to have the pubic hair found on the tape on Laci's body tested.  Finally, he noted with emphasis on the rigorous practices followed by the FBI lab when handling hair, practices that were obviously not followed in the evidence room at MPD.

Exhibits Introduced

EXHIBIT 222: BLOW UP CHART - DNA REPORT

Prosecution Witness #131:  Nils Myers, eBay investigation team  Testimony

Myers provided information about Scott's account with eBay, particularly the items he listed for sale.  D. Harris pointed out the two times Scott offered the diamond bezel croton watch for sale, the last time receiving a high bid of $100.  Geragos noted on cross that the transaction didn't conclude in a sale, and in fact the bidder purchased another watch on eBay.  Geragos listed a number of watches Scott offered for sale, the Mickey Mouse watch being the only one that sold.  Myers explained that the double listing for the croton watch was simply Scott extending the auction.  The first period was from Dec 1-8, and the second period from Dec 8-15.  Geragos also emphasized that the pictures placed with the product description are furnished by the seller, indicating that Scott and Laci had pictures of the croton watch.

Exhibits Introduced

EXHIBIT 221: BINDER EBAY RECORDS FOR SCOTT PETERSON ACCOUNT.

Prosecution Witness #132:  Christopher Van Sandt, Bicyclist  Testimony

Van Sandt was riding his bike in Dry Creek park, near the foot bridge at Coffee and near Scenic hospital, and saw a pregnant woman walking a dog.  When a friend told him about the missing pregnant woman.  Van Sandt called the MPD Christmas morning and eventually spoke with Brocchini.  Later that evening, he saw a picture of Laci and knew it wasn't her he saw, and called Brocchini to report that it wasn't Laci.

Geragos inquired about Brocchini's reaction to VanSandt's tip.  Brocchini wrote in his reports and told the ModBee that he didn't show VanSandt a picture of Laci because VanSandt said he didn't see her face.  VanSandt called the ModBee and said he did see the woman's face, that's how he knew it wasn't Laci.  Brocchini also said VanSandt was in Monterey when he called him, when in fact he was in Manteca.  VanSandt characterized Brocchini's response to his first call as a brush off. 

Prosecution Witness #133:  Martin Dempewolf  Testimony

Dempewolf's wife was 9 months pregnant on Dec. 24, '02, and she was walking her dog, a chocolate Lab, in the Dry Creek Park that day.  He said she left between 9;15 and 9:30, and the walk took about 45-60 minutes.  She walked through the subdivisions to La Loma, entered the park, walked through the park to the paved path, continued on Edgebrooke to Covena, down Covena to Encina and then home.  Geragos reviewed the statements he gave to Bertalotto in Jan '04, indicating he couldn't specify the time she took the walk.  And, in response to Geragos' last question, he replied:  My wife has a good memory, I don't. 

Exhibits Introduced

EXHIBIT 223: PHOTO OF FAMILY ON 1-11-03 AND MAP
EXHIBIT 223A: PHOTO OF DOG "JAKE"
 

Prosecution Witness #134:  Jordan Visola-Prescott, Pregnant Neighborhood Walker  Testimony

Exhibits Introduced

EXHIBIT 224 A: JORDAN VISOLA ON 12-25-02
EXHIBIT 224 B: JORDAN VISOLA JAN. 2003
EXHIBIT 224 C: JORDAN VISOLA AND HER DOG JUNE 11, 2003
EXHIBIT 224 D: MAP OF WALK

Prosecution Witness #135:  Elizabeth Guptill, Pregnant neighborhood walker  Testimony

Exhibits Introduced

EXHIBIT 225 A: PHOTO ELIZABETH GUPTILL, SON, FATHER
EXHIBIT 225 B: MAP

Prosecution Witness #136:  Jill Lear, Pregnant Neighborhood walker  Testimony

Exhibits Introduced

EXHIBIT 226 A: MAP

These three women were all pregnant on Dec 24, '02, lived in the La Loma neighborhood, and regularly took walks.  Prescott could not say with certainty she walked the morning of the 24th, and the other two were certain they did not walk that morning.  When Prescott did walk, she pulled her daughter along in a red wagon, and her dog is a lab mix.  When Guptill walked, she often was pushing her son in a jogging stroller, and she didn't have a dog.  Lear's dog was a Australian Shepherd, and she usually walked in the afternoons.  Prescott was 2 1/2 months pregnant with twins, Guptill was 5 months pregnant, and Lear was 6 1/2 months pregnant on December 24, 2002.

Thursday, 9 Sep 2004

Minutes 

COURT EXHIBIT 22: LETTER, IS MARKED FOR IDENTIFICATION AND ORDERED SEALED BY THE COURT AND TO BE OPENED ONLY BY ORDER OF THE COURT.
 

Prosecution Witness #126:  Investigator Kevin Bertalotto   Testimony

Bertalotto returned for his cross examination. Through his questions, P. Harris emphasized that Scott prefers sea water fishing to fresh water fishing, and the Bay is the closest sea water fishing to Modesto.  He also brought up that the fresh water lakes are much deeper than the Bay where Scott went fishing (600 feet for Don Pedros) and more remote/rural, lacking the boat berths and 4-5 mile bike/jogging paths, suggesting they would have been better places to dump a body. Bertalotto answered that the boat launch ramps for these lakes can be quite backed up, and he has been to the Berkeley Marina when it was quite deserted. He admitted, however, that it was unlikely the lakes were very busy on Christmas Eve.  Harris tried to get into a discussion on Ron Grantski's fishing trip on Dec. 24, but Judge Delucchi sustained the objection.

Prosecution Witness #137:  Kim Westphal, Covena Walker  Testimony

Westphal routinely walks a route that takes her from Edgebrooke down Covena to Encina, right past the Peterson home.  She testified that she did take her walk on Dec 24 '02 and arrived at Covena about 10:50 am, and she did not see anything out of the ordinary.  Westphal's testimony, however, didn't agree with what she told officers going door-to-door on the night of Dec. 24.  She told them she couldn't be sure she walked down Covena that morning.  Her testimony seemed to contradict what she told her neighbor and her mother about her activities on the morning of the 24th.  Westphal walked with another woman, Dana Evans, who has not yet been called to testify.

Exhibits Introduced

EXHIBIT 227-A: COPY PHOTO OF KIM WESTPHAL AND HER DOG.
EXHIBIT 227-C: MAP OF ROUTE WALKED

Prosecution Witness #138:  Patricia Mewhinney, Park Walker  Testimony

Mewhinney testified that she walked her dog in the Park the morning of Dec. 24, from the tennis courts to the golf course and then back again. She said it was cold and damp that morning, and she wore a winter coat. She didn't see anything out of the ordinary in the park that day. She has long blond hair, and her dog is a black, part Lab and part German Shepherd.  She arrived at home after her walk by 9:30.

Exhibits Introduced

EXHIBIT 228-A: PHOTO OF PATRICA MEWHINNEY AND HER DOG.
EXHIBIT 228-B: MAP OF ROUTE WALKED

Prosecution Witness #139:  Brian Lee  Testimony

Lee said he ran his usual run along the park's bike trail on the morning of Dec. 24, leaving his home at 10:00 am.  He said he would have arrived at the Covena trail about 15 minutes later.  The weather was cold, so he wore sweats instead of shorts, and he didn't see anyone on the bike trail. Geragos pointed out that his testimony disagreed with the information he gave when interviewed last summer.  Then he told police he took his run sometime before noon, sometime between 10 and 11:30.  He runs with a chocolate Lab.

Prosecution Witness #140:  Joan Lee (wife of previous witness)  Testimony

Dec 24 '02 Lee was 4-4.5 months pregnant. She walked with her husband and their dog in the evenings, and their walk took them past Vivian Mitchell's home. She was certain they walked on the evening of the 24th, but probably didn't from the 17th to the 14th.  She was interviewed by Det. Grogan in June '03, and she told him she couldn't be certain how often she walked in December. 

Exhibits Introduced

EXHIBIT 229-A: PHOTO JOAN LEE AND HER DOG.
EXHIBIT 229-B: MAP ROUTE WALKED

Prosecution Witness #141:  Dianne Heaston Merenda, Park Walker  Testimony

Blonde, with a golden retriever, she lived in the La Loma neighborhood.  She would walk early morning, about 7 a.m., go down the Covena path into the park, walk to the pump house and back and exit the park using the paved Edgebrook path. The walk usually took her 20-30 minutes. She was certain she did not walk on the 24th, and she could not be sure how often she walked around that time frame.  She was not pregnant on Dec. 24.

Exhibits Introduced

EXHIBIT 230: MAP OF ROUTE WALKED.

Prosecution Witness #142:  Melba Martinez  Testimony

Lives in La Loma neighborhood and has 2 golden retrievers.  Her walk route included Covena from Edgebrook to Encina.  Her usual walk time is 6:30-7:00 am, but she sometimes goes later and sometimes walks in the evenings.  She walks only one dog at a time.  She couldn't recall walking either the 23rd or the 24th. 

Exhibits Introduced

EXHIBIT 231: MAP OF ROUTE WALKED.
EXHIBIT 231A: PHOTO OF DOG "RUBY".

Prosecution Witness #143:  Amy Neumann, pregnant woman  Testimony

Lives on Buena Vista. Did not walk on Dec. 24. Introduced to Laci when Laci was involved with making a traffic study video for the Encina Street project, which is separate from the Thousand Oaks Park and Trail project Laci was also involved in.  Her dog is a poodle.  She was pregnant at the time and under doctor's orders to rest with her feet up in the afternoons, and she would lay on the couch and watch the activity in front of her house.  Her dog would bark when other people or dogs went by.  She was not at home on Dec. 24 from 10 am to 1 pm. 

Exhibits Introduced

Prosecution Witness #144:  Lee Peterson  Testimony

Peterson was questioned about the frequency of his communication with Scott prior to Dec. 24, and his conversation with Scott on the 24th, during which Scott did not tell him he was fishing or had bought a boat.  He was also asked what weapons were taken along during the previous pheasant hunting trip, and he said he didn't recall seeing Scott with a handgun during that trip. Peterson said they gave Scott $30K for the Del Rio membership, that Scott's mother made the arrangements and he found out about it later.  Prior to Dec. 24, the last time he had gone fishing with Scott was that summer, in July or August.  Peterson said Scott is the fisherman, whereas he is primarily a golfer.

Under cross, Peterson described Scott's early interest in fishing over golfing, and that when he went to the golf course, Jackie, Scott's mother, would take him and other boys to fish.  Scott also went ocean fishing a lot with others his age when he got older. Peterson told of coming to visit Scott one time and seeing a boat and 2 motorcycles that he didn't know Scott had purchased. Scott paid his own way through college. Peterson described the trip to Carmel, and the walk he, Jackie, Scott, and Laci took from the hotel to the beach, a route that included a steep incline and had them all puffing, but they all made it to the top, including Laci. He said Jackie and Laci did a lot of shopping that trip, and made several purchases. 

Monday, 13 Sep 2004

Minutes

Prosecution Witness #145:  Matt Laolagi   Testimony

Laolagi testified that Kim McGregor, whom he was dating at the time, spent the evening of Dec. 23rd with him having dinner at a local Modesto restaurant.  McGregor went to his house about 6-7 pm and their dinner lasted about 2 hours.  He drove them to and from the restaurant, and when they returned home, she didn't go inside with him, and he assumes she got into her car and left.  Because Geragos has suggested McGregor's boyfriend and his friends may be implicated in Laci's disappearance, Laolagi brought along a letter from his HR manager showing that he was at work on Dec. 24.

On cross, Laolagi said he had only one contact with MPD during Jan-Feb 2003, and that was by phone; no one from MPD verified the letter from HR; and he did not see Kim McGregor on the 24th. Geragos closed his cross noting that further questions were to be part of a 402 hearing, and he reserved the privilege to recall Laolagi.  However, Laolagi was not recalled.

Prosecution Witness #146:  Peter van Wyck Loomis, Trimble Navigation  Testimony 

Court accepted Expert in GPS Technology

Exhibits Introduced

EXHIBIT 234: BINDER WITH GPS INFORMATION
EXHIBIT 235A: DIAGRAM GPS TRACK 1-9-03
EXHIBIT 235B: DIAGRAM GPS TRACK BERKELEY MARINA
EXHIBIT 236: DIAGRAM 1/27/03 - GPS - DODGE DAKOTA
EXHIBIT D6G: MAP 1-21-03 - PORTION OF BAY
EXHIBIT D6H: MAP 1-21-03 - BAY

Prosecution Witness #147:  Hugh Roddis, Orion Electronics CTO  Testimony 

Exhibits Introduced

EXHIBIT 237: GPS TRACKING DATA (TIME, DATE, ETC.)
Prosecution Witness #148:  Detective Rudy Skultety, MPD  Testimony

These three witnesses confirmed the integrity of the GPS tracking data that places Scott at the Berkeley Marina on several days during the investigation. Geragos did not challenge the integrity of the data, but rather spent a great deal of time showing tracking data that puts Scott at other reservoirs and bodies of water that were being searched for Laci.  Skultety's testimony also brought out how many times Scott was in San Diego, or in the area, during January to early April, seemingly to undermine the Prosecution's claim that Scott was a flight risk when he was arrested in San Diego. 

Prosecution Witness #148:  Detective Rudy Skultety, MPD   Testimony

Geragos also questioned Skultety about the cement that Scott had newly poured in the front of the driveway, and which Brocchini collected as evidence during the Dec 26-27 search warrant.  No mention was made if the cement was tested.

Exhibits Introduced

Prosecution Witness #149:  Pin Kyo, Criminalist CA DOJ Lab, Ripon  Testimony

Kyo's responsibility is to examine items sent from LE agencies for trace evidence, collect the evidence and send to other members of the Lab for testing.  She testified to her observations of each item and the trace evidence found with each.  All the presumptive blood tests were negative for Laci's blood.  She examined the two mops and mop bucket, the blue tarp and boat cover, the bed comforter cover, a series of swabs taken of possible blood samples during searches, a toothbrush, Laci's black/blue hairbrush, a brown hairbrush, a Dirt Devil vacuum cleaner and dirt bag, some of Scott's and Laci's clothing, and the clothes Laci was wearing when her body was found.  Most notable was the condition of the dog leash, which from the picture appeared very clean and she did not report any mud or grass clippings or leaves, which Karen Servas reported were on the leash when she found McKenzie on the morning of the 24th.

Exhibits Introduced

EXHIBIT 239 A-E

 239A: SPONGE MOP WITH HANDLE

 239B: CLOSE UP OF SPONGE MOP
 239C: STRING MOP WITH HANDLE
 239D: BLUE BUCKET
 239E: INSIDE BUCKET
EXHIBIT 240 A-E

 240A: BLUE TARP
 240B: BOAT COVER
 240C: CLOSE UP OF BOAT COVER
 240D: STERN END OF BOAT COVER (ENGINE)
 240E: DEBRIS FROM BOAT COVER (CEMENT CHUNKS)
EXHIBIT 241: PLASTIC BAG W/ EVIDENCE ENVELOPE CONTAINING CONCRETE DEBRIS
EXHIBIT 242: PHOTO DOG LEASH
EXHIBIT 243 A-F

 243A: PHOTO DUVET COVER "SIDE B"(BUTTON SIDE UP)
 243B: PHOTO CLOSE UP REDDISH BROWN STAIN FROM DUVET
 243C: CLOSE UP REDDISH BROWN STAIN
 243D: CLOSE UP REDDISH BROWN STAIN (GREEN POST-IT)
 243E: CUTTING OF DUVET COVER
 243F: BACK VIEW OF EXH. 243E

EXHIBIT 244 A-C

 248A: FIVE EVIDENCE BOXES
 248F: MATERNITY PANTS REMAINS
 248G: BACK OF MATERNITY PANTS
 248H: UNTANGLED PANTS REMAINS
 248I: PANTS OPENED UP
 248J: CLOSE UP OF INSIDE PANTS/ZIPPER
 248K: CLOSE UP OF PANTS WITH ZIPPER
 248L: PANTS BACK LEG
 248M:CLOSEUP LEFT PANTS LEG
 248N: CUTTING FROM RIGHT PANTS LEG WITH STRING.
 248-O: CLOSE UP OF PANTS MASS
 248P: UNTANGLED MASS WITH STRING
 248Q: TOP OF PANTS GOING DOWN BACK

Tuesday, 14 Sep 2004

Minutes

Prosecution Witness #149:  Pin Kyo, Criminalist CA DOJ Lab, Ripon  Testimony

Kyo concluded her testimony. Judging from the thread count, Kyo determined that the duct tape found on Laci's body was not from the same manufacturer as the duct tape found on the Target bag.  She also noted that the bow and knot on the twine-like material around Conner's neck was very loose and easily undone.  Underneath the bow, however, there was a hard, tight knot.  She did not observe any smell on the Target bag or the tape, other than an "ocean smell."  The boat cover was tested for biological stains, such as urine and feces, and there were none.

Geragos reinforced the totality of the presumptive tests for blood and other tests that were negative.  He itemized clothing that was sent for testing that D. Harris did not mention, and those tests were negative, also.  Geragos also clarified about the cardboard box in the pickup.  Yesterday, Kyo testified that the box was outside the toolbox, but Geragos showed evidence pictures taken by LE that showed the cardboard box was not outside the toolbox, and suggested it had been taken out by LE before she examined the pickup. 

The most startling point made was to see the actual "chunks" of cement that Kyo described yesterday, which were collected with the boat cover.  Geragos presented to the Jury the actual cement "dust" that was collected on a small square of paper.  He then presented the anchor that was in Scott's boat, the bag the anchor was stored in with some cement powder in the bottom of the bag, and asked her determine whether they were similar.  She admitted they were similar. 

Kyo testified that some short hairs found on the Target bag were never tested.

Exhibits Introduced

EXHIBIT 250 A-N (sealed)

 250A: FRONT OF DUCT TAPE

 250B: BACK OF DUCT TAPE
 250C: BACK STICKY SIDE (CLOSE UP W/BARNACLES)
 250D: CENTER STICKY SIDE (W/BARNACLES)
 250E: CENTER RIGHT W/DUCT TAPE
 250F: RIGHT END DUCT TAPE W/TISSUE
 250G: SAME AS 250F, W/SCALE
 250H: CLOSE UP OF 250F, TAPE TURNED OVER
 250I: CLOSE UP OF 250F
 250J: NONADHESIVE SIDE OF DUCT TAPE
 250K: CENTER OF DUCT TAPE
 250L: CENTER WITH BARNACLES

 250M: CLOSE UP RIGHT END W/BARNACLES
 250N: CLOSE UP OF LEFT END - DUCT TAPE
EXHIBIT 251 A-B

 251A: PLASTIC TARGET BAG
 251B: DUCT TAPE
EXHIBIT 252: PHOTO BLACK/TAN MATERNITY BLOUSE
EXHIBIT 253 A-I

 253A: EVIDENCE ENVELOPE W/PLASTIC BAG CONTAINING TWINE LIKE MATERIAL.
 253B: BACK SIDE OF PACKAGE
 253C: CLOSE UP OF MATERIAL IN PLASTIC BAG
 253D: TWINE LIKE MATERIAL REMOVED FROM BAG
 253E: CLOSE UP OF LOOSE KNOT END
 253F: TWINE MATERIAL STRETCHED OUT - 6" WIDE
 253G: LEFT END OF MATERIAL AFTER LOOSE KNOT OPENED UP
 253H: MIDDLE SECTION OF MATERIAL
 253I: TIGHT KNOT WITH BUGS

EXHIBIT 254 A-E: PHOTOS OF DEBRIS PROVIDED BY EAST BAY PARK DISTRICT:
 254A: EVIDENCE BAG CONTAINING WHITE PAPER WRAPPED AROUND PLASTIC DEBRIS MATERIAL.
 254B: DEBRIS FROM BAG - PLASTIC TWINE LIKE MATERIAL
 254C: CLOSE UP OF MATERIAL WITH SCALE
 254D: DEBRIS SEPARATED
 254E: CLOSEUP OF PLASTIC DEBRIS

EXHIBIT 255: THREE PHOTOS CONTENTS OF TOOL BOX (ANALYSIS BY PIN KYO)

 D6M: FOUR PHOTOS OF FOLDING KNIFE (ANALYSIS BY PIN KYO)
 D6M-1: DIAGRAM OF BOAT COVER
 D6M-3: TWO PHOTOS OF TENNIS SHOES
 D6M-4: THREE PHOTOS OF GREEN TOOL BOX
 D6M-6: PHOTO BROWN BOX IN BACK OF PICK UP TRUCK
 D6M-11: TWO PHOTOS INSIDE BOAT WITH STAINS
 D6M-12A: THREE PHOTOS REAR OF TRUCK W/STAINS
 D6M-12B: TWO PHOTOS REAR OF TRUCK AND TOP VIEW FROM REAR OF TRUCK.
 D6M-12C: TWO PHOTOS REAR OF TRUCK/TAILGATE AND REAR OF TRUCK WITH EXPENDED SHOTSHELL AND TRUCK HITCH
 D6M-13: BED OF TRUCK WITH CLAW/HOE TOOL AND CHICKEN WIRE.
 

Prosecution Witness #150:  William H. Hudlow, Sr. Criminalist  Testimony

Hudlow performed the DNA tests on the blood sample taken from the inside door pocket of the Pickup. He tested it for both Scott's and Laci's DNA, and the tests proved it was Scott's, with a statistical probability of another match in the general population of 1 in 20 trillion, and among all other Caucasians of 1 in 80 billion. He testified that the tan substance described as decomposing tissue had too low a level of DNA to get a profile.  He also said that the trace evidence attached to the grass that was attached to the hair found in the pliers didn't have any DNA, and he couldn't identify what the substance was. 

Prosecution Witness #151:  Galen Nickey, Latent Print Analyst  Testimony

Nickey was assigned to test the duct tape found on Laci's body for latent finger prints.  No prints were found. 

Wednesday, 15 Sep 2004

Minutes

Prosecution Witness #152:  Dr. Esther J. Tow-Der, Gynecologist  Testimony

Tow-Der is the gynecologist that saw Laci at her Dec. 23 routine pre-natal appointment.  Tow-Der testified that Conner was in the head-down position, but she couldn't tell whether he was face forward or backward.  He was a viable baby. Geragos noted that Laci did not complain about problems with shortness of breath when walking, as she had in previous appointments. 

Prosecution Witness #153:  Richard Atkinson, Target Products Ltd   Testimony

Atkinson represented the Target company and provided information about the Target bag found near Laci's body.  His company produces cement or cement by-products and ship 55 lb. bags on pallets.  The bag is a 6 mil, 4'x4'x4' bag that fits around the pallets.  He said a large customer for Target's grout was the construction company working on the San Rafael bridge, and that this type of bag usually makes its way into the garbage. He also explained that duct tape is used to bind together the product bags when the stretch pallet bags have to be removed for transport purposes.  Geragos countered with information that Target products were sold through its distributor Spec-West to jobs in Tracy, according to 5 invoices.  Atkinson said his company knows the number of bags purchased from Bull Dog, their supplier, but not which shipments the bags are used on.

Exhibits Introduced

EXHIBIT D6N: SPEC-WEST INVOICES (TARGET BAGS) 5 PGS.
EXHIBIT D6-0: POLY CAPS PURCHASED

Prosecution Witness #154:  Robert C. O’Neill, Petrographer  Testimony

EXPERT IN THE AREA OF PETROGRAPHER - CONCRETE.  O'Neill analyzed and compared the concrete in several evidence items sent to him by the MPD: the boat anchor, the plastic pitcher, gray powder from the shop vac, the debris vacuumed from the boat, the debris in the blue and red drums, debris in Scott's pickup, a pebble vacuumed from Scott's living room/dining room, debris from the boat cover, debris from the tarp, and debris from Scott's yard. From visual examination alone, he could determine that the anchor was not made in the plastic pitcher, but was made in the plastic paint-mix pail Grogan purchased at Home Depot.  His tests concluded that the concrete in all of the items tested were consistent except for the debris in the blue and red drums and the debris from the yard. Specifically, the debris from the yard (driveway) had 3/4 inch particles in it, compared to the pea gravel in the other samples.

Geragos wanted O'Neill to agree that gravel already present when Scott poured the concrete at the head of the driveway, where the trash can was, accounted for the difference in composition of the concrete -- in all other aspects it was the same as the other samples.  The witness disagreed, saying that the sample he examined was "mixed" in the concrete, and pouring concrete over gravel would not, in his opinion, produce that effect.  O'Neill also said that concrete with that size of particles only came from redi-mix delivered on trucks.  Geragos asked if he was familiar with a product Quickrete available at Home Depot and which has the 3/4 inch particles, and that it is used for fence posts.  Scott had used cement to anchor a fence post in the same area where the concrete debris was taken from by Brocchini.

Geragos' cross of O'Neill was interrupted by a 402 hearing on the pictures that Geragos attempted to admit into evidence.

JUDGE: You won't be out there too long. This shouldn't take very long. All right. Let the record show that the witness has filed out of the courtroom, and the jury's been excused. What's the problem with the pictures?
HARRIS: My understanding is the defense investigator went out and took these photographs last night of this area that we've been talking about. And we've been informed that the next-door neighbors have put in a pool and the driveway was used to pour concrete for the pool from the Peterson's driveway to this neighbor's backyard. So,
JUDGE: You think that the area has been contaminated?
HARRIS: Well, we know that the fence was taken down, so clearly it's been altered. And this witness has never been there, so he can't establish a foundation for that.
JUDGE: What about that, Mr. Geragos?
GERAGOS: I don't believe that that's the location from which the pool was done. And I don't believe that this fence at that location is the fence that they're talking about that was taken down.
JUDGE: Well, I wasn't there either. How am I supposed to figure it out? You say it is, you say it isn't. How are we going to break the tie?
GERAGOS: I've got pictures of the way it is. They put this guy on for what can best be put, most charitably be put, kind of a stretch of a interpretation. I think I've got the right to show him the pictures and ask him If you saw this, doesn't this give you some pause.
JUDGE: Okay. The problem is these were photographs taken last night. That other sample was presented to him back in 2003.
GERAGOS: Right.
JUDGE: Right?
GERAGOS: That's correct.
JUDGE: So it seems to me that there would be an issue as to, you know, trucks driving over that area, All kinds of reasons why the area might be different.
GERAGOS: Well, if I'm not given these reports until April of this year, after we start trial, how am I supposed to know at the time that I've got to do that?
JUDGE: Well, that's a good question, but that's not before me now. My,
GERAGOS: No, that's is before you.
JUDGE: No, it's not. The question before me now is the propriety of those photographs. And they were taken last night. The yard could have been altered between now and then. That's the same as taking somebody out to view a scene where trees have grown or trees have been cut down. It's different. And you want him to testify as to the condition of the concrete,

GERAGOS: No, I want him to testify as to the gravel.
JUDGE: The gravel. But that's, it's a year too late. So I'm under 352 I'm going to rule that it's inadequate and that the prejudicial value outweighs any probative value. It's too late. Okay. Bring the jury back in.
GERAGOS: Then I'm going to ask that you wait, that they bring Skultety, you defer part of the cross, because I'll bring Skultety back in and,
JUDGE: That's fine.
GERAGOS: I'll ask Skultety if he found it the same way.
JUDGE: That's fine. We'll just tell him to come back.
HARRIS: Well, we would object to that.
GERAGOS: I'm having Skultety come back anyway, so what difference does it make?
HARRIS: That would be part of his,
JUDGE: Except that you can't call him out of order. If you want to bring him,
GERAGOS: I said that's fine. I'll call him back as my own witness.
JUDGE: Okay. You can do that.
GERAGOS: They know it's the same condition.
JUDGE: Well, that's, if they thought it was the same condition, they wouldn't be arguing about it.
GERAGOS: No, they just know, they know why they don't want it in. It has nothing to do,
JUDGE: Well, I know why they wouldn't want it in, but that doesn't change the situation as to when those photographs were taken, and the representation is that it's been changed. Could have been contaminated by other items.

THE COURT RULED UNDER 352 E.C. THE PHOTOS ARE EXCLUDED FOR THE REASONS STATED ON THE RECORD.

Exhibits Introduced

EXHIBIT D6R: 2 PG. TRADECORP LABEL (SOLUBLE CALCIUM CHELATE)
 

Prosecution Witness #155:  Dr. Brian Peterson, Forensic Pathologist  Testimony

Peterson conducted the autopsy on Laci and Conner, and began his testimony today on Laci's autopsy.  Several autopsy pictures were shown, making it very difficult for most to endure the testimony.  Peterson described the condition of the body, notably the parts that were missing:  the head, neck, forearms, left lower leg, all organs except the uterus, and the skin and soft tissue above the navel.  The uterus was still expanded from the pregnancy, measuring roughly 10 inches, but it was very thin and the top part was open, allowing Conner to exit, and was empty--no placenta or umbilical cord.  The birth canal was closed.  Laci had some fractured ribs.  He said there were no indications of tool marks and no indication of a c-section performed.  He also described the clothing she was wearing and its condition, as well as the presence of mineralization and barnacles.

Exhibits Introduced

EXHIBIT 257A: BODY ON BACK
EXHIBIT 257B: BODY ON RIGHT SIDE
EXHIBIT 257C: THIGH BONE
EXHIBIT 257D: PORTION OF LEG BONE WITH BARNACLES
EXHIBIT 257E: TOP OF BODY, BACK BONE, ARMS
EXHIBIT 257F: TROUSERS-SHREDDED, DUCT TAPE
EXHIBIT 257G: RIBS WITH MEASUREMENTS
EXHIBIT 257H: END OF RIGHT RIBS WITH FRAYED RIB
EXHIBIT 257I: RIBS NORMAL/FRAYED
EXHIBIT 257J: RIBS FRACTURED (POSTMORTEM)
EXHIBIT 257K: UTERUS 

Thursday, 16 Sep 2004

Minutes

Prosecution Witness #155:  Dr. Brian Peterson, Forensic Pathologist  Testimony

Exhibits Introduced [Conner's autopsy]

Prosecution Witness #156:  Dr. Alison Galloway, Professor University of California at Santa Cruz  Testimony

Dr. Allison Galloway performed an examination of Laci and Conner. She estimated 3-6 months in the marine environment for Laci. The postmortem interval of Conner was consistent with Laci; however, Conner's body was more protected from environmental degradation than Laci's. 

Estimated gestational age for Conner: 33-38 weeks. Galloway did 5 separate bones that she measured in 4 different ways to determine gestational age, comparing the actual bone measurements to 1) the Fazekas and Kosa, Forensic Fetal Osteology; and 2) the Sherwood's Fetal Age, Methods of Estimation and Effects of Pathology. Some of Galloway's estimates were as high as 40 weeks, and none lower than 34 weeks. The majority of the estimates are 35 weeks or higher. Peterson said he did no research to determine what gestational developments between weeks 32 and 39 may have been present in Conner.  

Injuries to Laci's ribs: Rib fractures to the left number 5 and 6 she called perimortem fractures, meaning they could have occurred before or after death. The left 6th rib was fractured approximately 10 centimeters (little less than 4 inches) from the vertebral end, consistent with an in-bending force.  

Monday, 20 Sep 2004

Minutes

Prosecution Witness #157:  Det. Ian Frazier, East Bay Regional Park District  Testimony

Frazier responded to the call that human remains were discovered along the shoreline at Point Isabel. He identified the exact location where Laci was found and the search of the surrounding area to look for items of evidentiary value. He did not notice the Target bag at the scene. Geragos made an issue our of Frazier and another patrol officer, Philips, detecting a smell from the Target bag.  Frazier said he thought it was said it was the smell of having been in the water for a long time, but Philips commented to Geragos just last month that he noted a smell of decomposition.  Frazier couldn't be sure whether Philips made those comments to the coroner or the LE at the time of Laci's autopsy. Geragos also asked about Philip's conclusion that the Target bag was relevant because it had duct tape attached to it and Laci's body also had duct tape attached.

Exhibits Introduced

EXHIBIT 261A: NORTH END, ISABEL TURNAROUND, RICHMOND.
EXHIBIT D6T-1: SHORELINE PT. ISABLE (W/BLACK TARP)
EXHIBIT D6T-2: WHERE BODY FOUND.

Prosecution Witness #158:  Jeffrey Soler, Richmond PD  Testimony

Soler responded to the call when Conner was found and documented the scene with both photos and diagrams.  He documented Conner's autopsy with photographs and collected the items he considered to be of evidentiary value.  He viewed the item on Conner's ear, and concluded it was vegetative material, and so he did not collect it as evidence.  He explained that the blanket Conner was wrapped for transport was not preserved because it is not standard practice for the coroner to preserve the towels or blankets used for that purpose.  He confirmed that Dr. Peterson could not rule out a live birth and judged Conner to be full term.  Soler confirmed that MPD did not ask him to do anything about the tape/twine around Conner's neck until August 13, '03, when Geragos contacted him about it. 

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD  Testimony

Grogan was called on December 25, '02, by Al Brocchini to be the lead Detective.  Under direct examination, Grogan is detailing the case as it progressed, specifically noting the reasons why next steps were taken.  Judge Delucchi said that Grogan's testimony is expected to continue through Monday, with the exception of 3 witnesses to testify out of order tomorrow morning.  Grogan interviewed Scott on Christmas Day from 1:30 till 4:00-4:30, with agent Mansfield from CA DOJ present, which was not taped by video or audio.  Grogan said he specifically asked Scott if he or Laci had an extramarital affair, or if there were suspicions of extra marital affairs.  Scott said no.  Grogan said he sought a search warrant for Dec 26-27 because there was evidence a cleanup had been done at the house, and the cement mess on the trailer at the warehouse seemed to much for making one anchor.  On Jan. 3, '03, Grogan interviewed Scott and showed him a picture that Amber had faxed to the MPD.  He said Scott's response was:  "Is that supposed to be me?"  Grogan said he told Scott he need to tell him if there were any affairs, and that it didn't mean he had anything to do with Laci's disappearance.  Scott replied that he had not dated anyone else since he married Laci. 

Exhibits Introduced

EXHIBIT 262A: ENVELOPE AND CONTENTS. LOUIS VUITTON PURSE.
EXHIBIT 262B: BLACK WALLET AND CONTENTS (I.D., RECEIPTS, ETC.)
EXHIBIT 263: GROUP EXHIBIT - DMV REGISTRATION DOCUMENTS FOR BOAT AND TRIALER.
EXHIBIT 264A: TAPED CONVERSATION WITH DET. GROGAN AND SCOTT PETERSON ON 12-30-02 AT 0900-0915 HOURS.
EXHIBIT 264B: TAPE CONVERSATION 12-30-02 1720-1730 HRS.
EXHIBIT 264C: TRANSCRIPTS OF EXHIBITS 264A AND 264B.
EXHIBIT 264A PLAYED FOR THE JURY.
EXHIBIT 264B PLAYED FOR THE JURY.
EXHIBIT 265: FAX COPY/PHOTO OF SCOTT AND AMBER
EXHIBIT 266: VIDEO 1/3/03 OF SCOTT PETERSON AND DET. GROGAN AT APPROX. 4:18 P.M. (NO SOUND - NO TRANSCRIPT.)

Tuesday, 21 Sep 2004

Minutes

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD  Testimony

Grogan continued under direct examination today, as DDA Fladager takes us methodically through the investigation and the justification for the MPD concluding so early on that Scott murdered Laci. His testimony began today with a catalog of the volumes of information gathered in this case:

• 42000 pages of documents

• 10,000 tips phoned in

• 300 officers involved

• 90 agencies assisted

• 3200 pages of his own documents, includes attachments to reports and transcripts of tapes transcribed

• 1500 pages of his typewritten material

• 150 audio tapes

• Over 50 tapes he made himself

• 74 video tapes

• Over 300 names in his reports

On January 23, Grogan met with Jon Buehler and together they compiled a list of 41 reasons why they expected to find Laci's dead body in the SF Bay. The could only come up with 10 reasons for expecting to find her in another body of water. 

One of the most dramatic moments came when Fladager played the tape recording of Grogan's January 29 phone call with Scott.  Scott is confiding in Grogan about his frustrations with the media not helping to find his wife.  Grogan asks a couple time if he alright and telling him not to do anything to hurt himself. Then:

G: You and I both know what happened to Laci?
S: You know what happened to her?
G: We both do? . . . Let’s be serious with one another.
S: Craig you know what happened to her, you know where she is?
G: We know where we are looking for her, and I think we are going to find her over there in that Bay, just a matter of time.
S: I had nothing to do with Laci’s disappearance
G: Scott what I’m offering you is an opportunity to end this nonsense. I’m going to find her. Why don’t you come back here and tell me what happened.
S: Craig I’m going to find her. . . . I need your help to find her, I need officers out there, and I just hope you are looking.
G: We have looked at everything that has come in, and trying to eliminate all the stuff coming in. . . .  if you want to end all of this nonsense, you can call me, we will sit down, I will not treat you badly, we can get Laci back, think about it.
S: I am not involved . . .

Fladager played 2 media interviews:  the Good Morning America interview with Diane Sawyer (also included the replay on Prime Time); and the Gloria Gomez interview.  Geragos indicated to Judge Delucchi that he has received an email accepting service on the subpoena for the entire uncut footage of the Good Morning America interview and will be introducing it during his Defense case.

Exhibits Introduced

EXHIBIT 273A: TRANSCRIPT OF 273B.
EXHIBIT 273B: CD-TED ROWLANDS INTERVIEW 1/30/03
EXHIBIT 274A: TWO BAGS WITH CURRENCY.
EXHIBIT 274B: CLOTHING ITEMS, JEWELRY IN BAGS.
EXHIBIT 274C: CLOSE UP OF CLOTHING ITEMS.
EXHIBIT 274E: WEDDING RING CLOSE UP
EXHIBIT 274F: SECOND BAG
EXHIBIT 274G: CLOSE UP ENVELOPE/CURRENCY
EXHIBIT 274H: CURRENCY AND BAGGIE WHERE CURRENCY FOUND
EXHIBIT 274I: ADDITIONAL CURRENCY

Wednesday, 22 Sep 2004

Minutes

Prosecution Witness #160:  Dr. Greggory Russell Devore, M.D.  Testimony

Exhibits Introduced

EXHIBIT 275:  DIAGRAM BY DR. DEVORE

EXHIBIT D6V: DIAGRAM OF CALCULATIONS BY MR. GERAGOS (DRS. GALLOWAY/DEVORE)

Prosecution Witness #161:  Alex Quick, DOJ CBI  Testimony

Exhibits Introduced

EXHIBIT 276A-E: PHOTOS OF SCOTT:
EXHIBIT 276A: SURVEILLANCE OF SCOTT 4-18-04
EXHIBIT 276B: SURVEILLANCE OF SCOTT 4-18-04
EXHIBIT 276C: SCOTT POST ARREST, WITH SUN GLASSES
EXHIBIT 276D: SCOTT POST ARREST (FRONT)
EXHIBIT 276E: SCOTT POST ARREST, WITHOUT SUN GLASSES
EXHIBIT 277: MAP OF SURVEILLANCE OF SCOTT PETERSON
EXHIBIT D6W-1: BACK OF RED MERCEDES
EXHIBIT D6W-2: MERCEDES PASSENGER DOOR OPEN
EXHIBIT D6W-3: SEAT WITH BAG AND NOTEBOOK. (ORDERED SEALED.)
EXHIBIT D6W-4: PHOTO OF NOTE (ORDERED SEALED)
EXHIBIT D6W-5: COPY OF PAGE FROM NOTEBOOK FOUND ON SEAT, (D6W-3). (ORDERED SEALED.)
 

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD Testimony

Exhibits Introduced

EXHIBIT 278: VIDEO OF SEARCH WARRANT 2/18/04 (NO SOUND).

Thursday, 23 Sep 2004

Minutes

THE COURT STATED THERE WAS NO 1054 VIOLATION AND WILL PERMIT THE TESTIMONY OF OFFICER BUELNA AFTER REVIEWING THE EVIDENCE OF PIN KYO AND SARAH YOSHIDA FOR THE REASONS STATED ON THE RECORD.

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD  Testimony

Exhibits Introduced

EXHIBIT D6X-1: PHOTO OF CHICKEN WIRE/CLAW HAMMER IN BACK OF PICK UP
EXHIBIT D6X-2: PHOTO OF CHICKEN WIRE AND WIRE IN BACK OF PICK UP
EXHIBIT D6Z-1: SACK OF CONCRETE
EXHIBIT D6Z-2: HOME DEPOT RECEIPT FOR CONCRETE
EXHIBIT D7A-1: POWER DESK DOCUMENT 1/31/03 - FENCE.XLS 9/13/02. (COPY SUBSTITUTED FOR ORIGINAL.)
EXHIBIT D7A-2: COPY CONCRETE, FENCE POSTS, ETC. TOTALS. (COPY SUBSTITUTED FOR ORIGINAL.)
EXHIBIT D7B: COPY MODESTO BEE ARTICLE 1-3-03
EXHIBIT D7C: JEWELRY RECEIPT, 2 PGS.
EXHIBIT D7D: 1 PAGE NOTE WRITTEN BY SCOTT WITH CHEVRON GAS PURCHASE AMOUNT.

Monday, 27 Sep 2004

Minutes

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD  Testimony

Geragos continued his cross examination of the lead detective for the entire day.  Testimony highlights:

• Scott would have allowed the MPD to search the house and warehouse without a warrant on December 26-27.

• Police have never found the diamond earrings and Croton watch Scott said Laci was wearing on the 24th.

• Scott said Laci was at the warehouse on Dec. 20 and saw the boat.

• Scott looked at a 15-foot boat selling for $900, but decided against it because it was not good quality and wasn't registered.  Geragos asked if Scott were only buying the boat to dump Laci's body, why not get the boat for $900 instead of the one he got for $1400?

• Scott is not the only person who spoke of Laci in the past tense.  Brent Rocha did in an interview on the 26th, causing enough suspicion that the reporter called in a tip.  Sharon Rocha did in a Good Morning America interview on December 27th.  Amy Rocha did in an interview with Grogan on January 5. 

• Scott rented the wheelchair for Laci on the November Disneyland trip to pamper Laci, not because she wasn't able to walk.  On that same trip, Scott carried his 3-month old nephew and played with him at the restaurant.  Ann Bird, his half-sister, said they went on and on about the baby and all they had done in the nursery.  Laci told Anne she had never had a better time.

• Laci didn't like Ron Grantski and didn't want her mother and Ron to know about Scott's affair with Amber.

• Laci wanted a larger home and a better car.  She contacted a real estate broker in San Luis Obispo in May 2002.

• Sharon Rocha told Grogan that the Land Rover didn't have any sentimental value, and asked him to intervene with Scott to get the crib and other items from the nursery.  In a Jan 31 e-mail responding to her, Scott apologized for not being forthcoming about the affair, but said Laci loved her things and they should be in her home when she returned.

• Ann Bird went herself to the Berkeley Marina to find witnesses that saw Scott there, and within 15 minutes found 4 people. 

• A DDA who lived in Modesto but worked in Merced called the MPD January 6, 2003 because she was concerned that persons who threatened her might have mistaken Laci for her.  5'1", 140 lbs, dark shoulder-length hair, a reddish brown retriever named McKenzie, lived in Laci's neighborhood, and obviously pregnant at the time the threats were made.  Follow-up on her tip was dropped when the attorney for the person who made the threat was a no-show.

• Investigating Laci-sightings wasn't automatically a priority for the MPD. 

• After the February searches, Scott didn't want to go back to the Covena home because of the death threats, there wasn't much left in the house that the police hadn't taken, and he needed privacy.

• In a surprise move, Geragos stole some of the Prosecution's thunder by questioning Grogan about the 2 extramarital relationships Scott had in the first years of marriage.  One woman didn't know he was married and walked in on him and Laci in bed together.  She told Grogan there was quite a scene, so no way that Laci couldn't know what Scott was up to.  The other thought Scott was in the process of getting a divorce until, at Cal Poly's graduation Laci came up to Scott, kissed him and put a lei around his neck. 

• Laci told Renee Tomlinson on December 20, 2002, that she wasn't having sex and sex was not a priority for her in her pregnancy.

• Geragos had Grogan confirm that Laci was not found in the pants she wore to the Salon Salon on Dec. 23.  He went even further when he had Grogan admit it was reasonable to conclude Laci came home from the Salon, changed into the blue pajamas, got up the next morning and put on different clothes.

• Grogan admitted that knowing Scott had asked Amy over for pizza the night of the 23rd would have been significant to the investigation.

• Geragos then asked:  If surveillance had been available at the Salon Salon that would have put to rest all this investigative effort?  Grogan responded:  Correct

• No one from MPD went to Carmel to see what would be involved to go from the Lodge to the Beach, as Laci did just the week before she disappeared.  A 3/4 mile walk marked by a steep incline gave further proof that Laci was able to walk. 

EXHIBIT D7I: CD/POWERPOINT TRANSCRIPT - INTERVIEW WITH DET. GROGAN AND AMY ROCHA REGARDING MATERNITY PANTS ON 7-23-03.

 

Tuesday, 28 Sep 2004

Minutes

Prosecution Witness #159:  Detective Craig Grogan, Modesto PD   Testimony

Geragos continued his cross examination of the lead detective for the entire day.  At 10:16 a.m., however, the Court quickly recessed because the Judge suspected an earthquake.  He was right, a 5.9.  Court reconvened at 10:48 a.m.  Testimony highlights:

• One police theory was that Scott drugged Laci.  However, all items seized in conjunction with that theory had negative test results.

• Another police theory was that Scott must have tied the boat to a buoy in order to steady it when he dumped Laci's body.  However, red paint found on the boat did not match the paint on the buoys, the area surrounding the various buoys around Brooks Island were searched with negative results, and they were told that tying the boat to a buoy might actually make it more unsteady.

• The blue tarp that was recovered from the Bay had dog and cat hairs on it.  In the February 18-19 search warrants, McKenzie's hair sample was taken to compare.  Results were negative.

• The boat cover, which police thought Scott wrapped Laci in, tested negative for blood, urine, feces, fluids, and tissue.

• On February 18, 2003, Scott voiced concerns that he was not permitted to view the surveillance tape from Longview WA after the clerk said she thought Laci might have been in the store.  He told Grogan that being a family member, he would be better able to identify her than strangers.  He also criticized the police for releasing photos of his truck and boat under pretense of wanting to verify his alibi on the 24th when they already had witnesses to verify it.  Finally, he chastised Grogan for spending so much time investigating him instead of following up on other leads. 

• Dr. Boyd Stevens, ME for city and county of San Francisco and expert on tidal actions in the Bay, was interviewed by Grogan on April 2, 2003 for his assistance in determining where Laci's body might be.  Reports outside the courtroom are that the Prosecution is not calling Dr. Stevens as a witness because his opinions do not support their theory.

• Grogan was not aware that Ron Seitz also had a scent dog searching at the Marina on December 28, along with Anderson and Trimble, and his dog did not pick up Laci's scent.

• In the initial conversation Grogan had with Dr. Peterson, who performed the autopsy on Conner, Peterson said the umbilical cord was not attached and he was unable to say whether it was cut or fell off due to decomposition; could not be certain whether the baby was stillborn or born; he could not make a determination of whether the baby had ever taken a breath; there was no animal feeding, which he thought odd.  Peterson believed the baby fell within the range of 9 months, and, when asked by Grogan, if only 7.5 months he was a somewhat large baby. 

• Even though Officer Philips, who found the Target bag at Laci's recovery site, said he smelled decomposition on the bag similar to the smell of decomposition on Laci in front of 2 MPD Detectives, that information never made it into any report and Grogan didn't know about it until just a month ago.

• MPD investigated the duct tape on the Target bag to see if there was any connection to Scott, but other than that, the various items recovered at the site were not tested for connection to Laci's murder. 

• When Kevin Bertalotto conducted his demonstration to show a woman Laci's size could fit into the toolbox, a cardboard box had to first be removed from the toolbox.  Testimony about the demonstration did not document the removal of the brown box, the cardboard box was not taken as evidence, and the contents of the toolbox were not listed prior to the demonstration.

• The cardboard box contained rain gauges with Trade Corps' name, an advertising gimmick Scott purchased from Adventures in Advertising, a business neighbor and owned by Peggy O'Donnell.  Both O'Donnell and her employee, Rosemary Louise, told police in December 2003 that Laci used the bathroom at Adventures in Advertising on December 20, 2002, confirming Scott's story that Laci was at the warehouse that day. 

• Much detail given about Kim McGregor who lived on Encina just around the corner from the Petersons and who broke into the Peterson home on January 19, 2003.  Testimony focused on the many times she changed her story, her criminal record prior to December24, 2002, how well her alibi for December 23 and 24 was checked, and whether her activities during the burglary included moving items of clothing.

• Geragos reviewed with Grogan a number of Laci-sightings that were not followed up on.  Most notable is Grace Wolf, who only two blocks from the Petersons, had previously seen Laci walking McKenzie alone and accompanied by Scott prior to the 24th, and had some interaction with Laci.  She was sure she saw Laci on the morning of Dec. 24, between 9-10 am, probably about 9:30. 

• Other sightings discussed were by the truck driver and Homer Maldonado and his wife.

• The tip called in by Tom Harshman on December 28 was recorded on the tip sheet as coming from Tom Harsh.  He is the witness who say a pregnant woman fitting Laci's description being forced into a van.  The information from the tip said he saw her 3-4 days earlier, which would be the 24th or 25th, between 2-4 pm.

EXHIBIT D7Q: MAP OF MODESTO (COVENA STREET AREA) LACI SIGHTINGS.

Wednesday, 29 Sep 2004

Minutes

Prosecution Witness #162:  Ronald Schweitzer, San Diego County Sheriff's Office  Testimony

Prosecution Witness #163:  Kevin Kolbe, CA DOJ  Testimony

Prosecution Witness #164:  Peter Shear, CA DOJ  Testimony

Prosecution Witness #165:  Claude Jubran, CA HP  Testimony

Prosecution Witness #166:  Sonia Ramos, CA DOJ  Testimony

Prosecution Witness #167:  Ernie Limon, CA DOJ  Testimony

Monday, 4 Oct 2004

Minutes

Prosecution Witness #168:  Dr. Ralph T. Cheng, USGS Sr. Research Hydrologist  Testimony

MPD contacted Dr. Cheng in February 2003 for assistance in determining where Laci's body might be based on the assumption that Scott placed her body in the water, using 4 8.5 lb. weights, near the tip of Brooks Island, which is the edge between the shallow and deep waters.  He told MPD that her body would move down the shipping channels towards the ocean, and either go out to the ocean or wash ashore at Angel's Island.  MPD had the shipping channels and the areas around buoys 4 and 6 searched based on this information. 

MPD asked again for his help when the bodies were located to determine where Laci's body was at the point Conner separated from her.  He developed the high-probability zone, a 1/4 mile square area about half-way between Berkeley Marina and Brooks Island, as the most likely place where the separation occurred.  He said the wind drift caused by the April 12 storm brought Conner's body to rest on the jetty, but he could not account for the movement of Laci's body that resulted in her placement on the rip rap at Point Isabel. 

Dr. Cheng admitted he is not an expert on how human bodies behave in water, and his estimate had "large uncertainties." Part of the problem was in not knowing the date/time the bodies landed on shore; he only had the date/time of the sightings to work with.  In an email to the MPD, he said several factors could account for the bodies being found in two different locations, one being that they were placed in the water separately.  Dr. Cheng also said that he could not determine when the bodies were placed in the water.

Dr. Cheng's high probability area was the focus of Detective Dodge Hendee's exhaustive search for other body parts and the anchors. 

Exhibits Introduced

EXHIBIT 284: GRID MAP S.F. BAY

Prosecution Witness #169:  Randy Griffin, USP Inspector  Testimony

Griffin testified to the application for a Post Office Box at Mailboxes Etc by Scott on December 23, 2002, and two change of address cards Scott filled out on January 30 to have his home mail, for the entire family, and the Trade Corp mail forwarded to the PO Box at Mailboxes Etc.

Geragos used the opportunity to bring up again the thefts at the cluster mailboxes where Trade Corp mail was delivered and also theft at the 523 Covena mailbox.

Exhibits Introduced

EXHIBIT 285A: CHANGE OF ADDRESS FORM, 2 PGS.
EXHIBIT 285B: CHANGE OF ADDRESS FORM - CARD

Prosecution Witness #170:  Mario Ruvalcaba, car for sale  Testimony

Ruvalcaba advertised a Saab for sale, and Scott answered the Ad.  A price was settled on and paperwork filled out, but Ruvalcaba ended up selling the car to a woman.  The purpose of his testimony was to say that Scott used his mother's name, Jacqueline Peterson, on the paperwork. 

Exhibits Introduced

EXHIBIT 286: DMV FORM - 3 PGS.

Prosecution Witness #171:  Michael D. Griffin, Mercedes Owner  Testimony

Griffin sold the Mercedes to Scott on April 12, 2003. Scott used his mother's name, Jacqueline Peterson.  Griffin said he gave him a Florida driver's license number, but he did not actually look at the license.  Scott told him Jacqueline was his name, a boy named Sue thing.  Griffin said after Scott was arrested MPD contacted him to transfer the vehicle, because Scott hadn't done it.  He transferred it to Joseph Peterson, Scott's brother.

On cross, Geragos noted that the driver's license number Scott gave Griffin is exactly the same as that on Jackie Peterson's California driver's license and that the address Scott gave is the PO Box Jackie Peterson uses. He also noted that one of the knives the police seized in the arrest was a knife Griffin forgot to remove from the car.

Exhibits Introduced

EXHIBIT 287: DMV DOCUMENTS - MERCEDES (4-12-03)
EXHIBIT 288: COPY NOTE WRITTEN BY M. GRIFFIN

EXHIBIT D8D: PHOTO OF A KNIFE
 

Prosecution Witness #172:  Mike Richardson, Peterson Friend  Testimony

Distaso asked very few questions of Richardson, bringing out that in April 2003 Scott was driving his Dad's pickup because he suspected there was a GPS device on his, and he didn't want the police following him.  Richardson also testified to the change in Scott's hair color, and that Scott told him the chlorine in Aaron Fritz' pool bleached it.

Pat Harris took advantage of the cross examination to note how much time the Richardson spent in Modesto helping in the search for Laci, and how often he and Scott went out to pass out or post flyers.  He noted that he had gone with fishing with Scott several times, and that Scott was pretty much leading a nomads life before the arrest.  Harris brought up the phone call Brocchini made to the Richardson on January 17 to tell them about the insurance policy and that Scott wasn't welcome in any of the homes of Laci's friends or family.  Brocchini wanted him to call Sharon Rocha for more information.  Harris asked if Brocchini reminded the Richardsons that they were Laci's friend before they were Scott's friend, and the Judge ordered that stricken from the record.

Harris asked about a phone call in late January from Scott to Mike wherein Scott told Mike he was so lost without Laci and felt so bad for cheating on her.  Distaso countered by asking Mike, when was the first time Scott talked to you and Heather about Amber?  Mike answered, April 3. 

Exhibits Introduced

EXHIBIT 289: PHOTO OF SCOTT (ARRESTED)

Prosecution Witness #173:  Aaron Fritz, Scott's Friend  Testimony

Fritz had a pool in April 2003, but to his knowledge Scott never used it.  And, Scott never talked to him about Amber prior to Amber going public.

On cross, Fritz said there was at least one occasion when Scott was at his condo when he was not there, and he didn't know if Scott used the pool or not.  Fritz said he'd had maybe 6-8 discussions with Brocchini, and one with Grogan.  Harris announced that he had no further questions as this witness would be recalled during the Defense Case.  

Tuesday, 5 Oct 2004

Minutes

Stipulation:  The parties stipulate that if Doctor Brian Peterson, the pathologist, were recalled he would testify that, quote, aside from changes of decomposition, the external genitalia of Laci Peterson is unremarkable without evidence of injury. Okay? I'll read that once more. The parties stipulate that if Doctor Brian Peterson, the pathologist, were recalled he would testify that, quote, aside from changes of decomposition, the external genitalia of Laci Peterson is unremarkable without evidence of injury. Okay? So that you can accept that as being beyond dispute.  Transcript

Prosecution Witness #174: Officer Kris Buelna, East Bay Regional Park  Testimony

Buelna, Patrol Officer, East Bay Regional Park, responded to a call about 2 p.m. on June 21, 2003, reporting objects found in the general area of the parking lot on the Rydin Road side of the park.  A citizen and her dog found the plastic items.  A bike/pedestrian bridge goes over the canal.  Buelna said the items were between and underneath the concrete and she had to move some of the concrete to remove the items.  She collected the items as evidence, which included a pair of gloves and some yellow caution tape.  Buelna doesn't know whether the canal water level rises and falls with the tides. 

Exhibits Introduced

EXHIBIT 290A: PHOTO CANAL/EMBARKMENT WITH DEBRIS FOUND ON 6/21/03.
EXHIBIT 290B: CLOSE UP OF DEBRIS
EXHIBIT 290C: CLOSE UP OF DEBRIS
EXHIBIT 290D: CLOSE UP OF DEBRIS

Prosecution Witness #175: Detective Jon Buehler  Testimony

Buehler provided information on his areas of focus in the investigation.  He first met Scott on December 25, 2002, and his first responsibility was to interview Karen Servas, with whom he had several contacts.  He provided the information she first gave him on December 25 and the subsequent changes she made to her timeline for finding McKenzie on the morning of the 24th and the condition of his leash.  Buehler also worked as police handler with Amber Frey, and was present with Brocchini at the first interview on December 30 in Madera.  She gave the two officers 9 pictures, only 7 of which are now accounted for.  Geragos asked if the two missing pictures were the ones the National Enquirer used to break the story. That and other areas of questioning were objected to by the Prosecution, and Geragos promised Buehler would return when the Defense presents its Case.

Another assignment Buehler had was to inventory the items in Scott's car at the time of the arrest.  The Prosecution showed dozens of photos taken of the items, and enumerated many of them while showing the photos to the jury.  Buehler said he and Grogan arrived at the scene of the arrest within minutes of it going down.  He said that most of the camping items were purchased from REI (Recreational Equipment Inc) on March 16, 2003.

On cross, Geragos noted that at the time of the February 18-19 search warrant, Scott had in his pickup many items similar to those that were in the Mercedes at the time of the arrest.  Buehler also confirmed that Lee Peterson, Scott's father, had a tee time for 4 on April 18 at the Torrey Pines Golf Course, and a party of three did tee off.  He didn't know whether any of the Peterson family members were at the Golf Course at the time of Scott's arrest.

Exhibits Introduced

EXHIBIT D8G-1: PHOTO OF SCOTT IN BLACK SWEATER ON 4-18-03 (ARRESTED)
EXHIBIT D8G-2: PHOTO SCOTT IN WHITE POLO SHIRT 4-18-03
 

The People Rest.

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