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

Tuesday, 1 Jun 2004

Minutes

 

Judge Delucchi's Instructions to the Jury Full Text

 

 

Opening Statement by Rick Distaso Full Text

Distaso opened by describing in great detail the night of December 24th, beginning with Sharon Rocha, Laci's mother, having her preparations for a Christmas Eve family dinner interrupted by a phone call from Scott asking if Laci is there. These are the main points of the People's case against Scott:

Distaso closed his Opening Statement with:  Ladies and gentlemen, this is a common sense case, and I, let me thank you right now. I appreciate your attention as I did this opening statement for you. At the end of this case, I'm going to ask you to find the defendant guilty of the murder of his wife, Laci, as well as his unborn child, Conner Peterson. Thank you.

 

 

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

Minutes

 

Opening Statement by Mark Geragos Full Text

Highlights:

1.  Laci knew about the boat 

A witness will testify that Laci was at the warehouse on Dec. 20 and saw the boat.  A woman will testify that she talked to Laci that same day when Laci used the bathroom next door because of the fertilizer products blocking the bathroom at the warehouse.

2.  Martha Stewart DID talk about meringue on the 24th

Geragos played the segment, with noticeable reaction from the spectators. 

3.  The khaki pants Laci was found in are NOT the same pants Laci wore on the 23rd to Amy's salon

When LE obtained a pair of the same pants, they showed them to Amy, who said they were not the same.  The pants Laci had on did not have a drawstring, the pocket style was different, and other style features were different.  Amy will provide testimony.

4.  Scott told Amber that he loved Laci and very much wanted her back alive

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 

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

Nava, as in her Preliminary Hearing testimony, described her cleaning routine, Laci's activities the morning of the 23rd, what Laci was wearing, and her observations of Laci's general health. 

 

Exhibits Introduced

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

Minutes

 

Prosecution Witness #2:  Fred Eachus, Manager Trader Joe's  Testimony

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

Eachus testified about the purchase Laci made at Trader Joe's at 10:06 am on December 23.  Geragos asked several questions about Challah bread.  Eachus said it is a specialty bread that is delivered daily and more popular around the Christmas holidays.

 

Exhibits Introduced

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

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

Reiswig worked at the Spa on Dec. 23 and interacted with Laci.  She described Laci as wearing a while long-sleeve top with no buttons or collar, black Capri pants, black Mary-Jane shoes, and a silver-gold watch.  Laci told her she was tired.  She was interviewed by Detective Grogan in March 2003 and again just a few weeks before her testimony.  The Spa does not have video surveillance. 

 

Exhibits Introduced

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

 

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

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

Laci kept an appointment with Buer for a facial waxing on Dec. 23.  Buer was interviewed by Brocchini on January 17, 2003, and Grogan on March 19, 2003.  Buer wasn't sure if Laci was wearing black Capri pants or a skirt, and described her top as a collared button-down.  Buer was also involved the night of Christmas Eve, opening up Ditto's so flyers could be made.  She told Grogan early on that she was uncomfortable discussing Scott with Laci's friends because she had already formed the opinion on Christmas Day that he was responsible.  Several times during her testimony she claimed that what Grogan and Brocchini wrote in their reports is not what she told them.  She noted that Laci, unlike other female clients who talk about their husbands/boyfriends, never said a negative word about Scott. 

 

Exhibits Introduced

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

 

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

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

 

Sometime in late January, Chris Johnson, the owner, placed 2 surveillance tapes on Wesenberg's desk for her to review to see if either of them had footage of Laci on the 23rd.  She concluded that they didn't and put the tapes back into circulation.  When Grogan inquired about the possibility of surveillance footage of Laci, the tapes had already been taped over.  MPD let it go at that.  Wesenberg noted that since Laci was not a paying customer (family), she would not have gone to the front counter and thus would not likely have been captured on the surveillance video. 

 

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

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

 

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

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

 

On direct examination, Amy provided some background family information and the first time she met Scott, identified the floor plan for Scott's and Laci's home to be correct, People's Exhibit 12.  Identified the different areas of Salon Salon, People's Exhibit 3.  Amy told about Laci's and Scott's visit to the Salon on the 23rd, the Vella Farms purchase for Grandfather Rocha and Scott's volunteering to pick it up the next day.  She described in detail what Laci was wearing:  Capri-length cream-colored pants in a stretchy cotton fabric, a black jacket that was longer than her blouse, and a cream scarf.  Before Amy cut Scott's hair that day, she showed Laci how to do a "fun flip."  Geragos' cross-examination started today with a very few questions about the pants, asking Amy to specifically admit that the pants found on Laci were not the pants she wore to the Salon Salon.  The bulk of his cross came on Monday, June 7.

 

Exhibits Introduced

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

People's 13 COPY OF VELLA FARMS RECEIPT - 12/23

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

 

Monday, 7 Jun 2004

Minutes

 

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

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

 

On cross, Geragos went into a lot of detail about the inheritances from Rocha Grandparents.  The lion's share of the Grandmother's jewelry was given to Laci and, according to Geragos, valued at $50-100K.  Amy said she had no idea what the jewelry was valued at.  She and Laci went through the jewelry and decided what would be sold, and Laci was in charge of the sales.  Some items were offered on EBay and others sold to pawn shops.  In addition, Amy, Laci, and Brent would be equally splitting the proceeds from the sale of the Grandfather's house and also 1/2 of the Rocha Estate.  Amy said Laci was aware she wouldn't receive the bulk of their inheritance until she reached age 30.  Amy was asked by MPD to go to the Covena home on February 18 to see if she could find the clothes Laci was wearing on the 23rd.  She said she was able to pick out the entire outfit.  After Laci's body was found, she was asked to look at 3 pictures and pick out the pants that Laci was wearing on the 23rd.  One of the pictures was of the pants style that Laci was found in.  Amy said definitely not two pictures, including the pants style Laci was found in.  Amy confirmed that she told MPD Salon Salon had a surveillance system in her first interview with them, and they should obtain the video. 

 

On redirect, Distaso pointed out that Amy has always been certain of the length and color of pants Laci was wearing, which was the same length and color as the pants Laci was found in.  He also asked Amy if Scott had ever asked her to dye his hair, or if she had ever known him to have dyed hair.  She said No to both questions. On re-cross, Geragos countered with a review of Amy's rejecting the pants Laci was found in as the pants she was wearing on the 23rd.  He also asked Amy if hair that has been lightened would bleach out to an orange-blonde color from exposure to chlorine in a swimming pool. She said hair that was possible but she had never seen it.  Geragos asked if she was ever asked by MPD to examine Scott's hair after the arrest.  She said, No. Amy also revealed that on the 23rd, it was Scott that asked her to come over to their house for pizza that night. 

 

Exhibits Introduced

Defense A: Tan and cream-colored pants on bed

Defense B: The blouse Laci wore to Salon Salon

Defense C: The Mary Jane shoes Laci wore to Salon Salon

Defense D: Pair of Black pants

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

 

Sharon reviewed Laci's birth and growing up years, her introduction to Scott, Laci's marriage, their move to Modesto, and their purchase of a home. Under direct, Sharon painted a picture of a very close relationship with Laci telling Sharon about anything of importance. She said that she saw nothing in Scott's and Laci's relationship prior to December 24th to cause her to think they were not happily married. As far as Sharon knew, Laci would enter the park at the Covena entrance, walk to the tennis courts and then return.  Sharon reviewed the information she had about Laci getting sick while walking, the last time Laci talked about walking was in conjunction with the second incident in late October or early November, and Laci never told her she had changed the route she walked in the park.  She said Laci did not want to go to Disneyland, her feet were swollen, she was tired and it would be too much walking.

On the 24th, Sharon went to the movies with Sandy Rickard and they didn't invite Laci assuming she would be too uncomfortable.  Sharon returned home about 3:00-3:30 and then asked Ron to call Laci to bring whipping cream.  Scott called her at just after 5:15 to ask if Laci was there and said Laci was missing.  She related the events of that night, particularly not being able to get Scott's attention in the park, and later at the house her trying to console him and he kept moving away from her.  She also said Laci told her Scott had to meet with his boss in San Francisco on December 14, and that is why he couldn't attend the Christmas party with her.

As part of testimony, Distaso played the conversation Sharon taped between herself and Scott on February 13. (People's 23) She said previously Scott had avoided talking to her, and specifically noted December 28 and January 1.  She related details of a family dinner on January 14 when she asked Scott what he used to fish for sturgeon, and Janey answered for him.  Finally, when she was notified April 15 that the bodies had been found, she left a message for Scott to return home immediately.  She said he never returned the call.

On Cross, Geragos suggested Laci was so long in accepting the invitation to Sharon's for Christmas Eve dinner because she was having personal problems with someone on the guest list.  Sharon said it was because she had not yet purchased gifts for everyone.  Geragos reviewed what Sharon and Ron told Grogan on January 29 about Laci's normal routine, and walking McKenzie was included.  Laci described as an independent person who would do what she wanted.  Sharon said Laci did not tell her she went walking while at Carmel, only that she went shopping with Jackie and she was tired.  Sharon said the neighborhood project Laci was involved in was the Encina project, not the problem with the homeless coming out of the park and going down Covena on their way to the Mission.  She said she had no knowledge of any involvement on Laci's part in the homeless problem.  Sharon didn't remember Brocchini telling them on the night of the 24th, when he said the family should go home, that Scott should not go to her house after he finished with Brocchini because someone should be at home in case a call came in.  Sharon said Scott called her Mom, and never was angry with Laci, even when others thought he should have been.

On re-direct, Sharon said that if she had known prior to December 24 what she found out later, she would absolutely have had a different opinion of Scott.  On re-cross Geragos took the opportunity to show the picture of Laci in Scott's blue pajamas. 2nd re-direct and 2nd re-cross focused on whether or not Laci had any involvement with the homeless problem.

 

Exhibits Introduced

EXHIBIT 17 - PHOTO OF LACI LYING ON A COUCH
EXHIBIT 18 - PHOTO LACI AT BABY SHOWER
EXHIBIT 19 - PHOTO LACI AT BABY SHOWER (SAPPHIRE RING)
EXHIBIT 20 - PHOTO LACI AT BABY SHOWER (SHOWS TATTOO)
EXHIBIT 22 - DIAGRAM OF PARK (AERIAL VIEW)

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

Minutes

 

Prosecution Witness #9:  Ron Grantski, Sharon's Companion  Testimony

 

Ron Grantski was fishing at the exact same time as Scott on December 24th, it was a last minute thing, he didn't tell anyone he was going.  It was at Lake Almanor.  He had gone to Lodi to pick up his paycheck, then went to Los Banos to check on a shopping center project that was near completion, then went fishing at Oakdale when he learned Sharon was going to the movies.  Ron admitted that Scott could have been offended by what he asked him in the driveway at the house on the 24th, about being so late to go fishing. 

Ron also said that he went to the park, and then went to the Covena house by going through the park and up that footpath.  He said it was too steep, no way Laci could have gotten up that path.  He said he had trouble with it, and he's not in that bad of shape.

The meeting with the police on Jan 15th and showing them the pictures of Scott and Amber, that was the "last straw" for Ron, to convince him Scott was involved.  What were the other straws leading up to it? Scott avoided him.  Police met with the Rochas on January 15, and on the 16th provided Sharon with tape recording equipment from Radio Shack.  Call with Scott same day.  Ron told Scott, if you have anything to do with this, you'd better tell.  Scott said: "My world is done without Laci and my child.  We all want her back.  I'm sorry you guys think I had something to do with it.  The only important thing is getting her back." (See Other Calls, Sharon's phone call to Scott on January 16, 2003) Geragos referred to a report, but Grantski said he didn't remember Scott saying that.

Ron said Scott was a very non-emotional person, never lost his temper, never got angry, but he was extremely emotional on more than one occasion after Laci disappeared.  Geragos asked Ron about the fishing places he went to, they were private and secluded because a fisherman like Ron doesn't want others to know his fishing spot.  Geragos asked if someone was going to dump a body, wouldn't he pick someplace secluded and private rather than public like the Berkeley marina with boats and people around.  No response from Grantski.

 

Exhibits Introduced

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

Brent was co-trustee of the Grandfather Rocha's two estates, with Dennis' sister Robin the other trustee.  The house sold for approximately $485,000, and Laci's 1/3 share was $160,000. The other estate was much more substantial.  Total value was $2,367,000.00.  It was divided 50/50 between Dennis and his sister Robin.  Dennis's 1/2 was setup in the Dennis Rocha family trust, with Brent, Amy and Laci getting equal shares, but could not received until age 30.  No financial benefit to Scott without Laci and Connor.  If Connor had lived, Scott, as Connor's guardian, would have overseen Connor's share.  With both Connor and Laci dead, Laci's share gets divided equally between Amy and Brent.  Brent disagreed with Geragos on the value of the jewelry Laci inherited, saying it was worth at most $20K, not enough to be worth insuring. 

Jackie and Lee Peterson set Scott up in a packaging (shipping) business, which he sold and used the profits to set up the Shack, which was set up from scratch, not purchase of an existing business.  Brent described how he and Rose (his wife) wondered how Scott and Laci could afford their lifestyle, they were buying home, had newer vehicles, Scott had expensive liquors in his bar etc, while Brent and Rose were scraping to buy a home.  Jackie and Lee put up the down payment for the Covena home.

During one conversation with Scott at the Covena house, by the pool, Scott said things weren't going good at work, he was interviewing more people and he hoped they would be better salespeople. He remarked about turning 30 and becoming a dad. Brent said he was "down" and "quiet."
 

When Brent arrived at the Covena house the night of the 24th, Scott was staring straight ahead, not looking at anyone, in outer space, not making eye contact with anyone, just by himself. 

Brent was given tape recording equipment by the MPD in mid-January, and asked to record his conversations with Scott.  One of the conversations he taped was a call on January 16, when Brent confronted Scott about Amber, Scott first denied it, and then admitted it after the National Enquirer article came out. He asked Scott, how do you know she has nothing to do with it? Scott said, no, no way, she couldn't have anything to do with it, she didn't know Laci existed. Brent asked, How do you know she didn't know Laci existed? Scott said he didn't tell her anything about Laci until after Laci went missing. He said he had called Amber to tell her Laci was missing. (See Other Calls, Brent Rocha with Scott, January 16, 2003)

On the 25th, Scott went to the warehouse to get duct tape to use to put up fliers. Brent said he was gone about 2 hours, and the distance is about 10 miles. Brent said they both used the duct tape to put up fliers in the neighborhood. At a later date, the police asked Brent to show him the locations where Scott used the duct tape to put up flyers.

Geragos asked Brent about how much work Scott had done to the house. Brent said it was already in good shape, but conceded the pool, Jacuzzi, and the barbecue were put in, as well as some remodeling on the bathroom and the floors.

 

Exhibits Introduced

EXHIBIT 24 - PHOTO OF VIGIL FOR LACI
EXHIBIT 25 - PHOTO OF VIGIL FOR LACI/JACKIE PETERSON SPEAKING
EXHIBIT 26 - PHOTO CLOSE UP OF SHARON AND FRIENDS

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

Rose said Scott made a comment to her, about Laci's efforts to get pregnant, that he was hoping for infertility.  She said he wasn't smiling or laughing, so she didn't know how to read what he said.  Defense countered with Rose's awareness that it took both Laci and Scott, and mentioned about Laci using the ovulation calculator and calling Scott to come home and Scott rearranging his travel schedule.

Pat Harris also asked her about Brent's comments to the media that Scott was excited about having the baby, but she didn't remember hearing any of them.

Rose was first interviewed by Grogan on Jan 11, but she didn't say anything about the infertility comment, though she was asked about his relationship.  That was pre-Amber.  She was interviewed again on Jan 21 and she told Grogan about the comment.  On the 11th, she was also asked about Brent's whereabouts on the 23 and 24 of Dec.

Rose also testified about Scott giving the 10 minute speech at hers and Brent's wedding. Pat Harris asked her if it was televised to 60 million people.  She said no, it was just a video for family and friends.  Only about 100 people at the wedding. 

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

Rickard said that when she was at the Covena house on the night of the 24th, Scott went up to her, held up his hands, and said, I wouldn't be surprised if they find blood on my truck because I cut my hands all the time, I'm a <she said he used some sport, but couldn't remember which>. However, the first time she interviewed with Grogan, she hadn't reported that comment, she didn't remember it. Sandy described Sharon as hysterical on the night of the 24th, and Scott as calm.

Some time later, the night before the Diane sawyer interview aired, she and Sharon and 2 other ladies were sitting around trying to remember things about Scott. That was the first time Sharon remembered about Scott using the word "missing." Sharon called Grogan, then Sandy talked to Grogan. Previous to Sharon's phone call, another lady there, Patty, called Grogan to tell him about a rumor that Laci was afraid of Scott because he was making concrete weights. She said she wasn't aware of Patty making that call, she wasn't sitting at the table with her and Sharon. Also, when Sharon placed the call to Grogan, she went into another room, so Sandy didn't hear everything she was saying.

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

Minutes

 

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

Cross examination by Mark Geragos.  Ron Grantski called their house about 6:30 pm on the 24th, and she and her husband Harvey went immediately to the park.  The next morning, she was at the Covena home from 8:30-11:30, and said Scott was just standing around, going in and out, not participating in the search.  She did not see Scott leave with Brent.  Geragos asked her to read from Det. Grogan's report, which reports that she was at the house from 9:00-11:30, Scott and Sharon were both present in the house at the time, and Scott never left the house.  She said that she meant Scott did not leave the premises.  She said she was in the park that morning, and then corrected herself.  She did not make this information known until May 1, 2003, when she called Det. Grogan at Sharon Rocha's suggestion.   

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

After Scott installed the barbecue, Kemple was there and Scott was barbecuing chicken.  Kemple told him to turn the fire down, but Scott didn't and the chicken burned.  He said Scott was more upset about the burnt chicken than he was that Laci was missing.  He said Scott slammed down the lid of the barbecue.  Harris told him there wasn't a lid, and he said yes there was.

Kemple said on the night of the 24th, he went to the park first, met Sharon and Sandy at the tennis courts, and then he walked westward toward the house, and he said he had trouble with that foot path leading out of the park to Covena, he could barely make it up the hill because his boots had smooth soles.  At the house he tried to get Scott's attention, but he was talking on his cell phone.  He finally got his attention and asked what Laci was wearing and where she went to.  Later he asked Scott where he was and Scott said golfing.  Kemple told everybody he saw that Scott said he went golfing.  He said he couldn't believe Scott would leave Laci to walk alone in the park and go golfing. 

He said he was upset with Scott because Scott wasn't out searching for Laci that night.  When asked if he knew that the police ordered Scott to stay at the house, he said he wouldn't have cared what the police said.  He said he was suspicious of Scott that night because Scott seemed to be trying to keep the police out of his house.  He said if it was him, he would have had the police turn the house, the cars, the warehouse upside down to find Laci. when Harris asked if he was aware that Scott let the police search the house and the truck and the warehouse, he said he didn't see that.  When asked if that would change his opinion, he said no.  Harris suggested that once he learned about Amber, nothing would have changed his mind.  He said it wasn't just that, there were other things.

Kemple followed Scott one day from the volunteer center and Scott went to the mall and just parked in the parking lot for about 45 minutes.  He was asked if he thought it was strange behavior and he said yes, when asked if his own behavior in following Scott was strange, he said yes, and the courtroom erupted in laughter.  Kemple followed Scott one day to the Del Rio Country Club and saw Scott go in. He said some people told him personally that Scott was there to golf. 

Kemple continued to search for Laci till the day she was found, doing his own searches.  He wasn't interviewed by the police until June, and that was to find out about the burnt chicken, not about Scott saying he was golfing on the 24h.  Kemple had to volunteer the golf information.

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

Distaso reviewed with her finding Mac and putting him in the back yard.  She gave the time as no later than 10:18.  That's the same as from the Prelim.  She added one element, however, that is that when she returned home about 11:45, she saw the package sticking out of their mailbox.  Today she said the leash was very muddy, with grass clippings and stuff.  She said the lawns were wet with dew, but Mac's coat was dry.  When  she saw Mac, she was parallel to the curb in her car, with her car facing south (the path to the park is to the north) and Mac was facing south with his butt facing north.  Geragos asked if he could have been coming from the park, and she said he was standing still.  She said the gate she went through was wide open, at least a 90 degrees.
 

That led to much sparring in cross, as she did not say she saw the package at 11:45 in the Prelim.  She argued that it was because no one asked her that question.  Geragos referred her several times to his questions from the Prelim, but she insisted he never asked about the morning, only about when she left that evening.  They went at it for some time, and she held fast to her claim that she was not asked about seeing the package that morning, only that afternoon.  She said that mail is delivered between 10:30 and 11. 
 

Servas is a single mom.  She in New Mexico when Scott called asking if she was sure about the time she found McKenzie.  Geragos asked her if she was a member of the Rotary and did she know Scott was a member.  She said she was, and he had been a member for awhile, but she wasn't there during an incident Geragos asked about, when Scott brought Laci and introduced her and Conner.


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

D. Harris laid the foundation for Austin's ownership of the Christmas store that Karen Servas shopped at ton the morning of December 24.  The Christmas Store is a seasonal extension of Austin's Patio Furniture store in Modesto.  He explained how the time is set on the cash register used only for the Christmas Store, and verified the receipt that Servas received, People's 28, dated December 24, 2002, at 10:34 a.m.  Austin doesn't personally set the time for the cash register, but an employee does by calling for the time and synchronizing the register. Geragos introduced two no-sales receipts, made in January 2004, to show that the cash register does not accurately record time.

 

Exhibits Introduced

EXHIBIT 28 - RECEIPT FROM AUSTIN'S CHRISTMAS STORE

EXHIBIT H - TWO (2) NO SALE RECEIPTS

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

Exhibits Introduced

EXHIBIT 31 - VIEW OF PETERSON HOME FROM THE KRIGBAUM'S

 

Prosecution Witness #18:  Terra Venable, Peterson's neighbor  Testimony

Both Amie Krigbaum and Terra Venable said that Scott told Amy he had been golfing on the 24th. However, their testimony that Scott was "distraught," and "in shock" did much to undermine Harvey Kemple's testimony that Scott showed no emotion on the 24th.  Amie confirmed the time Scott said he arrived home from fishing.  She said she left home to do an errand about 4:30ish, and Scott's pickup was not in the drive; when she returned home about 4:45, it was.  Scott said he returned home about 4:30-4:45.  Amie also said the Christmas tree lights on the Peterson home came on at 4:30 p.m.

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

Aquino and her husband were over at Scott's on the 25th between 12 and 1 pm, Sharon wasn't there, Brent wasn't there, some other people were there, but she didn't know who they were.  She and her husband were sitting in the chairs in the middle of the living room, and two officers came to the door, and told Scott that they found two witnesses who said they saw Laci in the park on the 24th near one of the foot bridges.  She was excited and asked Scott what he thought, after the officers left, and Scott said, That wasn't Laci, she doesn't go that way.

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

Minutes

 

Prosecution Witness #20:  Russell Graybill, Peterson's postman  Testimony

Graybill delivered mail to the Petersons between 10:35 and 10:50.  He doesn't deliver if McKenzie is in the front yard.  McKenzie was not around, he delivered the mail without problem.  Doesn't remember what he delivered.  He assumed the delivery time based on the 10:19 scan for his first stop on Encina.

 

Exhibits Introduced

EXHIBIT 33 - DIAGRAM OF POSTAL AREA FOR COVENA ST. AREA
EXHIBIT 34 - COMPUTER PRINTOUT-TIME OF MAIL DELIVERY

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

Medina confirmed they left their house at 10:33 on December 24, and her mail was not yet delivered.  She didn't notice anything unusual that morning, but did note both the Land Rover and Scott's pickup were in the Peterson's driveway at 5:00 am.  When they got home on the 26th, they discovered the burglary.  Their dolly was in the front yard, probably used by burglars to haul out safe.  Their kids' rooms were ransacked.  The kids are grown and away from home.  Their shed was broken into and a hammer and leather glove taken.

On 10th December, Medina had a flat tire and Scott took her to her appointment.  When Scott came over with his defense investigator and they wanted her to release the save to investigative team, Scott was crying, really upset.  This was sometime well after Laci's disappearance, but before he was arrested.

Medina would see homeless transients between 5 am and 10 am coming from the park and in the evening they would return to the park.  Sometimes they gave her problems by looking in her trash . On the morning of 12-24 doesn't remember seeing any homeless.

Medina about the media being there, for several months media did not die down, made Scott's life a wreck for months.  She observed that he was not going back into his house within the next few months. One time she saw someone stealing bricks from his house.

 

Exhibits Introduced

EXHIBIT 35 - COPY MEDINA CELL PHONE RECORDS (sealed because of personal information)

Prosecution Witness #22:  Byron Duerfeldt, MPD  Testimony

Duerfeldt arrived at the park about 6:15, as the other three officers, Evers, Spurlock, and Letsinger, were leaving to go to 523 Covena.  He was there for about 5 minutes and decided to go back to Covena, also.  Someone asked him for a ride from the park, a jogger, he took the jogger somewhere and then went to Covena and met the other officers there. 


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.

 

Exhibits Introduced

EXHIBIT 36 - WIDER AERIAL VIEW OF DRY CREEK PARK AREA (EXHIBIT 22)

Prosecution Witness #23:  Craig Wend, MPD  Testimony

Before Wend testified, Geragos requested a delay in calling the witness because of the animated presentation of the Park the Prosecution wanted to use -- a five minute visual of an aerial photo of the Park zooming in on various locations in the Park.  Geragos said it was argumentative by nature, and that he wanted time to study it so he could use it to point out his own areas of interest.  Distaso opted not to use the presentation.  Transcript

Wend was in the helicopter with 2 other officers that searched the park, and they were using FLIR to detect humans. Sometimes he held the floodlight sometimes the other two. He was not the pilot.  The helicopter was in the air about 8:30 or 8:35.  Within 15 minutes of 8:21 they were flying over the park. They got no human readings, and were in the air for about 1 hour and 15-20 minutes.

 

Exhibits Introduced

EXHIBIT K - 1 PG. LIST OF "M" NUMBERS (#635-MPD RECORD)

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

MPD, member of K-9 dog unit on December 25, 2002. Was told they had been searching the park through the night. Asked to use his K-9 to search the park and surrounding areas. Officer Gonzalez had been in the park all night with his K-9 and told Corder what areas had already been searched. He (without the dog), Officer Fisher, and several other officers searched some of the streets and alleyways around 500 Covena. Started at intersection of Covena and Edgebrook. Walked the front yards all the way down Highland. Actually walked back into some of the yards to see if someone had gone back there and was injured, but did not go into any of the houses or backyards. Then came back and went through the alley, which runs behind Highland, came back out Santa Barbara, down Encina, and then one block north on every one of these streets here: Santa Barbara, Santa Cruz, Rowland and Covena And down one block, which believe is Roble, in that area. Went back to area where Covena meets the park and searched areas difficult for people to get into. Took the dog along the southern edge of the park, that joins backyards with lots of shrubbery and bushes. The dog is trained to search out human scent. Searched eastbound all along the southern edge to where El Vista crosses the park. Worked the dog along the southern edge of the creek bed, whatever brush was safe to work, all the way to Kewin Park. Noticed quite a bit of water in the creek, and some deep spots, so requested Sgt. Beffa to have the fire department search with their raft or zodiac. They entered the creek near the tennis courts and searched all the way to Kewin park. Corder then resumed his dog search along the southern edge of the park in Kewin Park back to the foot path at Covena.

On January 6, 2003, at the request of Officer Matt Ponce, he took his all-terrain vehicle to LaGrange, to the old bridge, to assist in the search of some mines. Saw the sand disturbed and some footprints at a mine shaft going into the mountain. Crawled inside the mine shaft, but nothing found.

On December 25, Corder saw some officers talking to some transients in the hospital area, below Scenic a little west of where it intersects with Coffee. There is a path that leads from the foot bridge in the park to Scenic, and itís 50-75 yards from the bridge to Scenic.

On December 27, Corder was dispatched to 344 Covena, which is one block down from Encina. A person passing out fliers walked up to the house and thought they saw someone run to the back of the house. It was a vacant house under renovation. Corder peered through the windows on all sides. A van was parked outside that looked like it hadnít been driven for some time. Buehler asked about it, and so Corder went back to the house on February 27, 2003, and the house was in the same condition.

Monday, 14 Jun 2004

Minutes

 

Prosecution Witness #26:  Derrick Letsinger, MPD  Testimony

Letsinger reviewed the time sequence and the walkthroughs.  Said after the walkthrough with Scott, that Scott, as leaving the house threw his flashlight down and uttered some swear words under his breath. Letsinger and Spurlock went to the Reed house next door to check it out because Scott said it was vacant.  Gregg reed was there, they did a thorough walkthrough, but nothing suspicious.

No new food in the refrigerator, indicating Laci had not gone to the grocery store as planned.  The suspicious things were:  the mop and buckets, the crumpled up rug, the duffle bags in the bedroom.  The mug and glasses on the counter  were not taken into evidence.  Letsinger said Scott said he had used the glasses himself.  The dining room table looked set for some guests when Letsinger arrived -- with candles, nice shakers, and napkins with utensils.  

 

Exhibits Introduced

EXHIBT 37 A-DD: BINDER - CSO LOVELL - 523 COVENA 12/24/02, PHOTOS
  37A - PHOTO WITH BLUE BUCKET AND MOPS AT OUTSIDE DOOR
  37B - PHOTO INSIDE HALLWAY DINING ROOM
  37C - PHOTOS HALLWAY WITH DOOR (WREATH)
  37D - PHOTO OF BATHROOM
  37E - PHOTO DOORWAY LOOKING INTO NURSERY
  37F - PHOTO NURSERY (CRIB, MOBILE, DRESSER)
  37G - PHOTO NURSERY (ROCKER, WINDOW)
  37H - PHOTO BEDROOM WINDOW, DRESSER
  37I - PHOTO MASTER BEDROOM BED
  37J - PHOTO OPEN CLOSET DOOR
  37M - PHOTO LOOKING DOWN HALL WAY
  37N - PHOTO BED WITH BLUE BED SPREAD
  37-0: CLOSET IN SECOND BEDROOM
  37P: PHOTO SECOND BEDROOM LOOKING INTO NURSERY
  37Q: PHOTO DINING ROOM
  37R: PHOTO CHRISTMAS TREE
  37S: PHOTO KITCHEN COUNTER, W/PHONE BOOK, KNIVES
  37T: PHOTO KITCHEN SINK, WINDOW, ETC.
  37U: PHOTO KITCHEN, STOVE, ETC.
  37V: PHOTO KITCHEN, LOOKING AT FIREPLACE
  37W: PHOTO LIVING ROOM, TV, WINDOW
  37X: PHOTO SHELVES, 2 CHAIRS
  37Y: PHOTO SHELVES W/CHRISTMAS CARDS
  37Z: PHOTO COUCH, CLOSET W/WASHING MACHINE
  37AA: PHOTO LOOKING INTO DOOR OF SECOND BATHROOM
  37BB: PHOTO VANITY IN SECOND BATHROOM
  37CC: PHOTO WASHER/DRYER WITH DIRTY RAGS.
  37DD: PHOTO RUG BY DOOR

EXHIBIT 38 - SECOND DIAGRAM OF 523 COVENA

Prosecution Witness #27:  Matthew Spurlock,  MPD  Testimony

Spurlock also testified about the walk-through on the night of the 24th.  He said after being quizzed about his fishing story, Scott through down his flashlight, and said through gritted teeth, "fuck."  When he admitted it was not in any report, Geragos asked the judge to send the jury out.

Geragos said it violates rule 1054 regarding Discovery and asked for the prosecution to be admonished.  The judge asked Distaso if he had pre-tried the witnesses, and he said no, and the judge mildly rebuked him for not doing so.  Geragos said they were either negligent for not pre-trying the witnesses and then informing the defense of all new stuff or intentionally violating the rules.  Judge Delucchi rejected the motion and they were bringing the jury back in, then Distaso volunteered that the officers did tell him before they were going to say that.  Geragos jumped up again and demanded the jury be kept out.  He then said that he requested an admonition and short of that a mistrial.  Lots of sarcastic laughter from the Rocha section, audible sounds, and Geragos turned around and said he didn't need that from the peanut gallery, and asked the Judge to clear the courtroom if the spectators can't keep silence.  The judge said he would.  After it all, the judge ruled that it was not that egregious and no mistrial was in order.  The jury was brought back in.

Geragos again called attention to the dining table being set, and also asked about some items Spurlock and Letsinger both said were in the kitchen that were not in the pictures Lovett took -- the pizza box and the bottle of ranch.  Also, Spurlock said he saw the tennis shoes and sandals near the French doors.  He did not examine them, just made a mental note of them. He also said he did not examine the mug that was on the counter.

Both Letsinger and Spurlock said they saw Ron Grantski in the park, near the foot bridge, and had a conversation with him, but no one has asked what that conversation was about.

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

Exhibits Introduced

EXHIBIT 39: PHOTO MATERNITY PANTS W/WHITE SHIRT
EXHIBIT 40: PHOTO TAN PANTS W/BLACK TOP
EXHIBIT 41: PHOTO TAN PANTS W/BLACK TOP
EXHIBIT 42: PHOTO RED BEADED TOP AND PANTS
EXHIBIT 43: PHOTO CLOSE UP OF EXHIBIT 42
EXHIBIT 44: PHOTO BLACK/TAN BLOUSE (BELL SLEEVES)
EXHIBIT 45: PHOTO BLACK/TAN TOP (EVIDENCE ITEM #218)
EXHIBIT 46: PHOTO YELLOW FLORAL, SLEEVELESS RUFFLED TOP

EXHIBIT 47: THE BLOUSE PICTURED IN PEOPLE'S 46 FROM LACI'S CLOSET
EXHIBIT 48: PHOTO RED CREAM FLORAL RUFFLED BLOUSE
EXHIBIT 49: PHOTO CLOSE UP OF MATERIAL EXHIBIT 48

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

Minutes

 

Prosecution Witness #29:  Jon Evers, MPD     Testimony

Det. Evers, a patrol officer back in Dec 02, again took us through the 4 walk-throughs of the house (1st:  Letsinger, Evers, Spurlock; 2nd:  Letsinger, Evers, Spurlock, Scott; 3rd: Brocchini, Evers; 4th: Brocchini, Evers, Scott), and then on to the warehouse.  Everything had already been covered at the Prelim or by other officers. 

A couple things did stand out, though, through cross examination.  First, we learned again that Scott was concerned and did show emotion when speaking with the police that night.  Evers said the depth of Scott's concern was one of the reasons for calling in more police officers.  Evers also admitted that he thought Scott's explanation of the crumpled rug was reasonable, and that's why he didn't note it in his report.  He further stated that it wasn't until the 3rd walk through that he first noticed the rags on the washer, and not until the 4th walk through that he noticed the rug. 

Finally, Evers admitted that he didn't take notice of the quite large dog bed in the master bedroom.  The Prosecution made a point of asking the housekeeper if she had ever seen McKenzie in the house.  Why would the Prosecution ask questions about this when McKenzie obviously slept in the house. 

 

Exhibits Introduced

EXHIBIT 53: ORIGINAL BERKELEY MARINA BOAT LAUNCH FEE RECEIPT.
EXHIBIT 54: MISSING PERSONS REPORT

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

Prosecution Witness #31:  Lisa Hill, Medical Assistant OB/GYN  Testimony

Prosecution Witness #32:  Corina Ramos, Receptionist OB/GYN  Testimony

Prosecution Witness #33:  Stacey Josephson, checked messages 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

Minutes

 

Prosecution Witness #34:  Victoria Guadamuz, salesperson Motherhood Maternity  Testimony

The Motherhood Maternity salesclerk did nothing more than verify that she rang up Laci's purchases on Aug. 30 and that the store didn't have the correct size for the pants to the red outfit that she wore at the December 14 Christmas party, so the store called her when the correct size came in. Geragos did not ask any questions on Cross.

 

Exhibits Introduced

EXHIBIT 57: MOTHERHOOD RECEIPT FOR LACI PETERSON

Prosecution Witness #35:  Ron Cloward, MPD   Testimony

Exhibits Introduced

EXHIBIT 59: MAPS-MADERA/MARIPOSA CO. SIDE 1 AND MERCED CO. SIDE 2
EXHIBIT 60: MAPS CALAVERAS/TUOLUMNE COUNTIES (2 SIDES)
EXHIBIT 61: MAP OF CALIFORNIA

EXHIBIT 62: DRY CREEK PARK AREA - 2001 (CD)

EXHIBIT L1: PRESS ADVISORY - 1/9/03
EXHIBIT L2: PRESS ADVISORY - 1/10/03
EXHIBIT L3: PRESS ADVISORY 1/11/03
EXHIBIT M: PRESS ADVISORY 12/31/02 (not admitted)

 

Prosecution Witness #36:  Tim Helton, MPD  Testimony

The two officers, Cloward and Helton, gave detailed testimony about the search efforts.  The Prosecution seems to be walking a tight-rope with this testimony.  On the one hand, they want to demonstrate that the search was very thorough, to dispute Geragos' claims that LE rushed to judgment and did not carry on a legitimate investigation.  On the other hand, they can't claim the search of the Bay was so thorough to give Geragos the argument that, well, obviously she wasn't in the Bay for 4 months or LE would have found her. Therefore, her body was planted by the real killers to frame Scott.

The Defense did raise some interesting points.  Some eye witnesses came forward very early in the search to claim they saw a dog fitting McKenzie's description running loose in the park with leash and collar on.  Another witness claimed to have seen a woman fitting Laci's description with a dog fitting McKenzie's description in the Park. These sightings were between 9 and 10 a.m. on Dec. 24. Tom Harshman, the retired/reserve police officer who saw a woman fitting Laci's description being forced into a van, described the woman as having black hair and wearing a red top and black pants.  

We also received more detail about the dog alerts at the various waterways other than the Bay, which ended up being animal remains.  This may minimize the effect of the expected testimony of the dog alerts on the launch pier at the Berkeley Marina.

I think the Defense scored another point with the Medina burglary.  Producing the flyers and press releases, Geragos easily established that LE used Diane Jackson's description of the van and 3 men for their search of the burglars.  Geragos further established that this van and these 3 men have not yet been identified by the police.  Geragos also noted that Jackson saw the 3 men with a safe.  Geragos obviously is trying to convince the Jury that the Medina burglary was committed by these 3 men on the 24th, not on the 26th by the two men arrested and convicted.  If he succeeds, this exposes a serious flaw in the LE investigation.  I think the Medina burglary will become the icon for LE's rush to judgment and intentional disregard of tips and information that exonerated Scott.

Thursday, 17 Jun 2004

Minutes

 

Prosecution Witness #36:  Tim Helton, MPD  Testimony

Geragos continued on the theme that LE had significant tips that it did not follow through on.  He hit again today on the tip that Laci was being held at a location in Tracy.  The tip did not include a specific address, just a vague description of the area.  The officers were advised to go to the area in daytime only, as it was inhabited by known parolees who were hostile to LE.  They used a helicopter with heat sensors and did discover heat radiating.  Helton said they could not be certain it was human heat -- it may have been animal.  When asked if anyone followed up, Helton said not to his knowledge. The Prosecution noted that 3 days had been spent investigating this tip, but we were still left with the impression that the heat source was never ruled out as being human.

 

Prosecution Witness #37:  Dr. Tina Edraki, Laci's MD, Hera Medical Group   Testimony

Dr. Edraki testified about Laci's pregnancy progress.  Of particular interest were the notations about Laci's complaints of dizziness and the recommendation that she discontinue exercising or do so later in the day and after eating.  Just two days later Laci complained of shortness of breath while walking, and Geragos asked the Dr. to draw the obvious conclusion that Laci was not following those instructions.  Geragos also asked the Dr. if knowing the date of ovulation and sexual activity would be a more precise way of determining gestational age than using the wheel or the sonogram.  He seemed to indicate he will be producing evidence that Laci knew her date of ovulation, since she was using an ovulation calculator.  Nothing on the chart indicated Laci gave that information to her Dr.

 

Prosecution Witness #38:  Mary Anna Felix, Edwards Jewelry  Testimony

Exhibits Introduced

EXHIBIT 64: WATCH REPAIR ENVELOPE

 

Prosecution Witness #39:  Jeff Schumacher, Edwards Jewelry  Testimony

Felix and Schumacher are the jewelers Laci asked to redesign her wedding ring, adding diamonds taken from her Grandmother's wedding ring and another ring.  The diamond in the Grandmother's wedding ring was 2.5 karat.  The finished ring was valued at $55K, and the total jewelry inheritance at last $100K.  This ring was still at their shop when Laci disappeared.  Scott did not call or go in to reclaim the ring.  Felix called the police to let them know the ring was there, and then Sharon Rocha went down and picked it up.

 

Prosecution Witness #40:  Robin Maria Rocha, Laci's Aunt & co-Executor of Rocha Estate  Testimony

Robin Rocha (Laci's aunt) testified about turning her mother's jewelry over to Laci, along with a list, and identified several of the pieces of jewelry.  She was asked by the police to identify any missing pieces.  She did not identify a croton watch as being missing.  Geragos asked if she used the list she and Laci compiled to determine which items were missing.  She did not, as she did not have possession of that list -- it went to Laci with the jewelry.

 

Prosecution Witness #41:  Michael Robert Imelio, Pool serviceman  Testimony

Imelio, who services the Peterson pool, did little more than establish that McKenzie barked constantly while he was there for his 8 minute or so check/treatment of the pool.  Police reports that he told them he went to the Petersons on Mondays, but he testified that he did so on Tuesdays. However, he was off the whole week of Dec. 24.

 

Prosecution Witness #42:  David Brooks, Pawn broker   Testimony

Exhibits Introduced

EXHIBIT 65: PAWN SHOP RECEIPT AND JEWELRY - GOLD CHAINS
EXHIBIT 66: PAWN SHOP RECEIPT AND JEWELRY - RINGS, CHARM, ETC.

 

Prosecution Witness #43 :  Tori (Victoria) Brooks, Pawn broker  Testimony

Exhibits Introduced

EXHIBIT N: PAWN SHOP PURCHASE TICKET, regarding Croton watch pawned by Deana Renfro

David and Tory Brooks testified about jewelry items Laci sold;  $140 worth on Dec. 10, and $110 worth on Dec. 14.  Tory Brooks reported some agitation on Laci's part with Scott, apparently because he was rubbing her stomach and she didn't want him to.  But the hot news is Geragos' introduction of the Pawn receipt from a different Pawn Shop, dated Dec. 31, for the croton watch Laci inherited from her Grandmother.  The Prosecution objected, but to no avail.  Geragos did not, however, provide any information about the person who pawned the watch. 

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"

 

Wednesday, 23 Jun 2004

Minutes

In Chambers Meeting, Juror #5 dismissed  Transcript

JUDGE: All right. This is the case of People versus Scott Peterson. Let the record show the defendant is present with counsel. And the jury is in the jury box, along with the alternates. Before I invite any comments from Mr. Geragos, ladies and gentlemen of the jury, one juror has been excused. You are not to speculate as to the reason why that juror has been excused. You have all been questioned individually by the Court, and I want to reaffirm, and to strike home, or emphasize as much as I can, that you are not to listen to, read, or watch any media reports of this trial, nor discuss it with any representatives of the media or their agents. You are not to discuss this case among yourselves or with any other person, or form or express any opinions about this case. Now, you have to scrupulously observe that admonition. If you don't, it could lead to serious consequences with respect to this trial. So I have to rely on your integrity to follow the Court's instruction. It's not being given to you just in a flippant manner. It's very important. And I think this last experience should be -- should make everybody aware of how important this particular issue is. So what we're going to do now, we're going to seat the first alternate as Juror Number 5. First alternate will now be Juror Number 5. Mr. Geragos, do you want to address the Court, make your record?

GERAGOS: Yes, I do, judge. I would like to move for mistrial. I believe that the media has insinuated themselves into this case in a way that is unprecedented. I do not believe that the jurors should be called out. I don't believe the jurors should be called names on TV. I don't believe that the jurors should be interrogated or cross examined. I think it's an outrage. I have got a client who is on trial for his life. But these people have given up their life. They shouldn't have to be subjected to this. I think it's an outrage, what's going on in this case. I think the media has insinuated themselves into this case in a way that is unconscionable. I object in the strongest terms and move for mistrial.

JUDGE: All right. The motion for mistrial is denied. I think that the media is here, we have to live with the media. They do what they do, we have to do what we have to do. So that's the way it is.

GERAGOS: The problem is, is that the media is choosing off jurors, and I think that's outrageous.

Prosecution Witness #48:  Allen Brocchini, MPD  Testimony

When Geragos' cross of Brocchini began, obvious tension kept both the attorney and the witness from even being civil to each other.  Brocchini refused to look at Geragos, keeping his eyes intently on the jury.  Geragos asked him why he would not look at him when he asked questions.  Distaso objected, and the Judge said he could look wherever he wanted.  However, after only a few questions, Delucchi wisely recessed for the lunch break, suggesting each needed to calm down.

Back after lunch Geragos was in his usual form, and Brocchini was much more cooperative, answering the questions asked and at least occasionally looking at Geragos.  Geragos started by going through the taped Dec 24 interview, point by point.  His message to the jury was pretty consistent -- what Scott told Brocchini proved to be true, either through receipts or witnesses or videos. 

A couple of the points made were:

Exhibits Introduced

EXHIBIT O: PHOTO OF INTERIOR OF WAREHOUSE
EXHIBIT P: COMPUTER INTERNET BROWSING HISTORY FOR SCOTT PETERSON, 2 PGS.
EXHIBIT Q: PHOTO SHOWING BOX WITH #34 IN EXHIBIT O
EXHIBIT R: CENTRAL VALLEY HIDTA, CALLS DATABASE, PG. 4
EXHIBIT S: UPS TRACKING - MODESTO
EXHIBIT T: FAX: ARRIVAL NOTICE 12/24/02

 

Thursday, 24 Jun 2004

Minutes

 

Exhibits Introduced

COURT EXHIBIT 16: SUBPOENAED TAPE FROM PETER SHAPLEN
COURT EXHIBIT 17: JUROR ALIAS (ORDERED SEALED)
COURT EXHIBIT 18: MEMO 6/23/04 (ORDERED SEALED)

 

Prosecution Witness #48:  Allen Brocchini, MPD  Testimony

In his opening statement (OS), Geragos said he would prove that two police officers lied.  He made good on that promise today as Brocchini admitted that he "excised" from his report a conversation he had with Peggy O'Donnell, the owner of the shop next door to Scott's Trade Corps warehouse.  O'Donnell told Brocchini that she saw Laci at the warehouse on Dec. 23, the day before Laci disappeared.  Laci had gone to her place of business to use the bathroom.  Going through LE photos of the warehouse, Geragos emphasized that Laci could not have known the bathroom was blocked by fertilizer products and not have seen the boat.  Geragos didn't end there.  He introduced into the testimony a dinner date Scott and Laci had with the Miligi's about 3 weeks before Thanksgiving -- at that dinner Scott talked about a boat.  Brocchini knew of this, too.

Of course, this provides the Defense with a reasonable explanation for the hair in the pliers.  If Laci was in the warehouse, even in the boat (as further suggested by Geragos in his OS), then the hair has good reason to be there. Geragos carefully reviewed the testimony at the Preliminary hearing about the single hair that became two hairs, and appears to be setting Brocchini up for a planting evidence accusation.

It also explains why the cadaver dogs did not alert in the boat at the warehouse, but the scent dog did alert at the Berkeley pier.  Laci's scent would have been in that boat, wherever that boat was. 

Needless to say, it thoroughly washes out the Prosecution's claim that Laci did not know about the boat. 

Geragos did further damage to the Prosecution's case by calling attention to Brocchini's poor handling of two eye witnesses that said they saw Laci and/or McKenzie the morning of the 24th.  Brocchini claimed a thorough search of the area was conducted, but admitted one witness was not shown a picture of Laci because the witness said he did not see her face and could not ID her.  When asked if he showed the witness a picture of McKenzie, Brocchini said, No. 

 

Exhibits Introduced

EXHIBIT V-1: FISHING POLE FOUND IN BOAT ON 12/24/02
EXHIBIT V-2: FISHING POLE FOUND IN MERCEDES WHEN SCOTT WAS ARRESTED.
EXHIBIT V-3: FISHING POLE FOUND IN BOAT
EXHIBIT W: TACKLE BOX
EXHIBIT X: 1999 2 DAY FISHING LICENSE
EXHIBIT Y: EVIDENCE ENVELOPE CONTAINING VARIOUS LICENSES
EXHIBIT Z: EVIDENCE ENVELOPE CONTAINING VARIOUS LICENSES
EXHIBIT AA: BAG CONTINING, ROPE RECOVERED FROM GREEN DUFFLE BAG (TAKEN IN SEARCH WARRANT)

 

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:

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 fiancť. 

 

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.

Exhibits Introduced

EXHIBIT 106F: KIM LYING IN BACK SEAT OF BOAT
EXHIBIT 106G: OUTSIDE OF BOAT WITH KIM INSIDE
EXHIBIT 106H: KIM LYING IN MIDDLE OF BOAT
EXHIBIT 106I: OUTSIDE OF BOAT WITH KIM IN MIDDLE OF BOAT
EXHIBIT 106J: KIM LYING IN FRONT PORTION OF BOAT
EXHIBIT 106K: OUTSIDE OF BOAT WITH KIM IN FRONT OF BOAT
EXHIBIT 106L: PHOTO OF BOAT
EXHIBIT 106M: KIM STANDING IN BACK OF TRUCK WITH TAIL GATE UP
EXHIBIT 106N: KIM STANDING IN TRUCK W/TAIL GATE DOWN
EXHIBIT 106-O: KIM STANDING IN TOOL BOX IN TRUCK
EXHIBIT 106P: KIM LYING IN TOOL BOX

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 166 A-D

 166-A: PHOTO PROXIMAL END OF HAIR #144A, 1 OF 2
 166-B: PHOTO DISTAL END OF HAIR #144A, 1 OF 2
 166-C: PHOTO DISTAL END OF HAIR #144A, 2 OF 2
 166-D: PHOTO PROXIMAL END OF HAIR #144A, 2 OF 2

EXHIBIT 167 A-B
 167-A: PHOTO HAIR FRAGMENTS #144A- PRIOR TO REPACKAGING AND GOING TO FBI FOR DNA
 167-B: PHOTO HAIR FRAGMENTS #144A IN BINDLE AND BROWN EVIDENCE ENVELOPE - REPACKAGING

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

Minutes

 

Prosecution Witness #89:  Angelo Cuanang, Expert SF Bay Fisherman  Testimony

Cuanang is a commercial fisherman/writer whom the Judge had no trouble qualifying as an expert on fishing in the San Francisco Bay. He described in charming detail the typical rig for catching sturgeon, the best places in the Bay for sturgeon, the seasonal effects on sturgeon feeding habits -- and how all that ties in to raising suspicion that Scott Peterson truly did go fishing on December 24.

Pat Harris used his cross examination to remind the jury that Scott is a recreational fisherman, not commercial. Cuanang noted the differences between the two -- his requires knowing everything there is to know about sturgeon fishing and Scott's does not. Even as a commercial fisherman, he also enjoys recreational fishing and often goes just for the relaxation and to get away. He also confessed that he has taken a newly purchased boat out on the water, just to get it out. When shown pictures of Scott's boat, he admitted it was prepared for fishing. Finally, Harris emphasized how much more attention Scott would draw to himself, if he indeed was at the Bay for the sinister purpose of dumping Laci's body, by having fishing gear on his boat. Recreational boating doesn't require a license, so without fishing gear he would not be questioned by a game warden; with gear he would be, if one happened to see him.

 

Exhibits Introduced

EXHIBIT 170: BOOK ON FISHING WRITTEN BY ANGELO CUANANG
EXHIBIT 171A: MAP - NORTH BAY - SAN PABLO BAY
EXHIBIT 171B: MAP - MIDDLE BAY

EXHIBIT 172: SLIDING SINKER/HOOK USED FOR STURGEON FISHING.
EXHIBIT 171-C: MAP OF SAN FRANCISCO BAY

 

Prosecution Witness #90:  Brian Ullrich, Insurance Agent Principal Financial Group  Testimony

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 fiancťe 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

The Jury was taken to see the boat; no questions, no testimony, just a visual look-over. 

 

Prosecution Witness #91:  David Weber, VP Engineering Lowe Boats   Testimony

David Weber testified to the stability of Scott's boat. Weber provided detailed information about the industry-standard tests completed on boats for certification. These tests are designed by the US Coast Guard and include maximum capacity -- measured in number of people or total people pounds of weight and the total weight including the gear -- and stability in worse case scenarios. Weber provided the results of the tests performed June 1, 2004.

On direct examination, the tests appeared convincing -- Scott would have had no trouble keeping his boat afloat and stable while dumping Laci's body into the Bay. On cross examination, however, the illusion was exposed.

These tests performed by Lowe have nothing to do with this murder trial. They were not performed in an attempt to duplicate the scenario that must have occurred if the People's charges against Scott are correct. These are standardized tests performed on every boat and with a marketability as well as safety purpose.

Why wasn't Weber asked to do a test that duplicated the conditions Scott would have faced? Surely a computerized program exists that can simulate the conditions and the boat capabilities. Historical data exists to provide current and wind velocities for the period in question. Laci's weight was measured on December 23. Scott's weight was known. The weight of the 4 anchors was also known. Why wasn't a test performed simulating those conditions?

Instead, we were given the illusion of such a test. The industry-standard tests were presented as evidence that Scott's boat was fully capable of handling the gruesome task. In fact, they were completed under much different circumstances.

D. Harris even assisted Geragos in driving home that point. After Geragos spent some time reviewing all of the test procedures, which essentially are performed in an indoor swimming pool and with the boat filled with water, Harris asked on re-direct: do most people operate boats in a swimming pool? No. Do most people operate boats filled with water? No.

All of the tests performed by Weber included 142 lbs. distributed evenly along one side of the boat. Geragos asked if the boat was ever tested using 400 lbs. at one point along the side. Weber replied, No. He asked Weber if he would expect that would capsize the boat. Weber replied that he couldn't honestly say.

 

Exhibits Introduced

EXHIBIT D5D-1: PHOTO BOAT IN INDOOR WATER CONTAINER, WITHOUT PERSON WEIGHT TEST.
EXHIBIT D5D-2: PHOTO BOAT SIDE STABILITY TEST.
EXHIBIT D5D-3: PHOTO BOAT LEVEL FLOATATION TEST
EXHIBIT D5D-4: INITIAL WORKSHEET-LEVEL FLOTATION TEST REPORT
EXHIBIT D5D-5: CHART SIDE STABILITY/LEVEL FLOTATION TESTS
EXHIBIT D5D-6: CHART WITHOUT PERSON TEST.

 

Review of Gloria Gomez Interview 

Jury was dismissed and the Judge reviewed the Gloria Gomez interview.

No court tomorrow (Wednesday, July 28) and on Thursday Judge Delucchi will hear arguments on the Defense Motion. Delucchi told us today that at 1:30 on Thursday he will announce his ruling.

 

Exhibits Introduced

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

 

Thursday, 29 Jul 2004

Minutes

 

Hearing:  Diane Sawyer Interview and Modesto Bee Transcript

Exhibits Introduced

EXHIBIT 131-E: REDACTED SECOND VERSION OF THE DIANE SAWYER TAPE (JANUARY 28-29 AND APRIL 24, 2003.)
 

Judge Delucchi rejected Defense Motion for Dismissal Transcript

 

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:

ēCalls 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

ēCalls 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

ēCalls 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 220: SOURCES OF DNA (NUCLEAR/MITOCHONDRIAL)

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

EXHIBIT 232: MAP OF ROUTE WALKED

EXHIBIT D6F: PHOTO OF AMY NEWMANN AND HER DOG.
 

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

EXHIBIT 238: PLASTIC BAG CONTAINING EVIDENCE ENVELOPE WITH CEMENT VACUUMED FROM BOTTOM OF BOAT.

EXHIBIT D6I-1: COPY YAHOO MAP - TRACY/STOCKTON
EXHIBIT D6I-2: COPY YAHOO MAP - TRACY/STOCKTON
EXHIBIT D6I-3: COPY SAFETY TRACKING MAP
 

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

 244A: EVIDENCE ENVELOPES, 7 SMALL, 1 LARGE
 244B: EVIDENCE ENVELOPES REPACKAGED AFTER TESTING
 244C: (PIN KYO DID NOT TAKE THIS PHOTO)
EXHIBIT 245 A-E

 245A: BLOOD VIALS - SCOTT PETERSON
 245B: VIALS (CLOSEUP)
 245C: VIALS (CLOSEUP)
 245D: VIALS (CLOSEUP)
 245E: TWO BLOOD SAVE CARDS

EXHIBIT 246 A-E
 246A: VACUUM CLEANER OPEN WITH BAG

 246B: VACUUM CLEANER WITHOUT BAG
 246C: VACUUM BAG CUT OPEN
 246D: SAME AS 246C
 246E: DEBRIS SAMPLE FROM BAG.
EXHIBIT 247A: EVIDENCE BAG, ITEMS FROM PURSE, JACKET, BOOK, PURSE
EXHIBIT 248 A-Q (sealed)

 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)

EXHIBIT D6L 1-10

 D6L-1: PLACARD 3 - TABLE WITH KNIFE, PENS, PRINTER, NOTE PADS
 D6L-2: PLACARD 12 - PAIR OF BROWN BOOTS
 D6L-3: PLACARD 13 - PAIR OF TENNIS SHOES
 D6L-4: PLACARD 25-26- BATHROOM, WITH DRAWER AND DOOR OPEN

 D6L-5: PLACARD 41 - FOLDED BLUE TARP ON TABLE, BACK PACK

 D6L-6: PLACARD 43 - FOLDED BOAT COVER
 D6L-7: PLACARD 43 - OPEN BOAT COVER HANGING ON FENCE

 D6L-8: PLACARD 46 - LEVI JEANS ON WASHING MACHINE

 D6L-9: PLACARD 48 - DOG LEASH, ETC.
 D6L-10: PLACARD 52 - DUVET COVER, PLACARD 51 - BLUE LEVIS

EXHIBIT D6M 1-13

 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. OíNeill, 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 256: BOX CONTAINING WHITE PAINT BUCKET - (SIMILAR MOLD FOR ANCHOR - EXHIBIT 72)

EXHIBIT D6P: PHOTO FENCE POST AT 523 COVENA

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]

EXHIBIT 258A: LEFT SHOULDER, SHOWING TEAR, HEAD, TAPE W/KNOT.
EXHIBIT 258B: VIEW FROM LEFT WITH GAP IN TAPE AROUND NECK, TEAR IN SHOULDER.
EXHIBIT 258C: CLOSEUP HEAD
EXHIBIT 258D: RIGHT SIDE WITH TEAR, SHOULDER BONE, TAPE LIKE MATERIAL
EXHIBIT 258E: VIEW BACK OF BODY, KNOT

EXHIBIT D6S-1: CONNER - AUTOPSY
EXHIBIT D6S-2: CONNER TWO PHOTOS (SUBSTANCE ON HEAD)

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:

 

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? . . . Letís 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 Laciís disappearance
G: Scott what Iím offering you is an opportunity to end this nonsense. Iím going to find her. Why donít you come back here and tell me what happened.
S: Craig Iím 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 267: MAP OF MODESTO WITH 12/24 SIGHTINGS.

EXHIBIT 268A: MAP OF CALIFORNIA (RED DOTS) 12/24/02 LACI SIGHTINGS
EXHIBIT 268B: MAP USA - NON-12/24/02 LACI SIGHTINGS.

EXHIBIT 269A: TRANSCRIPT OF 269B
EXHIBIT 269B: CD OF WIRETAP CALL 1/25/03, 4:52 P.M.
EXHIBIT 270A: TRANSCRIPT OF 270B.
EXHIBIT 270B: CD-DIANE SAWYER INTERVIEW AND PRIME TIME AMERICA INTERVIEWS.
EXHIBIT 271A: TRANSCRIPT OF 271B.
EXHIBIT 271B: TAPED PHONE CALL WITH GROGAN/SCOTT ON 1-29-03.

EXHIBIT 272A: TRANSCRIPT OF 272B.
EXHIBIT 272B: CD-GLORIA GOMEZ INTERVIEW.

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 279A: TRANSCRIPT OF 279B.
EXHIBIT 279B: DVD OFF CAMCORDER STOLEN FROM 523 COVENA

EXHIBIT 280: DVD - BERKELEY MARINA AERIAL GPS TRACKING AND CONNER AND LACI RECOVERY SITES (NO SOUND).

EXHIBIT 268B: (PREVIOUSLY MARKED ON 9/21) MAP OF USA LACI SIGHTINGS NOT ON 12/24/02.

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:

Exhibits Introduced

EXHIBIT D7E: VIDEO OF YOGA CENTER (NO SOUND).

EXHIBIT D7F: 2 PAGE DOCUMENT - EMAIL 2/3/03 SCOTT TO SHARON ROCHA AND FLYER "NATIONAL SEARCH FOR LACI DAY"

EXHIBIT D7H: ENVELOPE CONTAINING PHOTO OF LACI AND SCOTT WITH A LEI AT GRADUATION.

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:

Exhibits Introduced

EXHIBIT D7J: PHOTO INTERIOR OF BOAT WITH RED DOLLY.
EXHIBIT D7K: PHOTO OF DET. SKULTETY WITH BOAT.
EXHIBIT D7L-1: PHOTO SIDE OF BOAT
EXHIBIT D7L-2: PHOTO CLOSE UP PAINT TRANSFER SAMPLE
EXHIBIT D7M: MODESTO P.D. 1/2/03 NEWS RELEASE RE RELEASE OF PHOTOS OF TRUCK/BOAT (COUNSEL STIPULATE TO SUBSTITUTE A COPY).
EXHIBIT D7N-1: PHOTO OF FBI EXAMINING FRENCH DOORS AT 523 COVENA.
EXHIBIT D7N-2: PHOTO OF FBI EXAMINING FRENCH DOORS.
EXHIBIT D7-0-1: PHOTO TOOL BOX IN BACK OF TRUCK ON 12/27/02.
EXHIBIT D7-0-2: PHOTO INSIDE CONTENTS OF TOOL BOX ON 12/27/02.

EXHIBIT D7P: PHOTO OF BACK YARD WITH CEMENT ON GROUND.

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

 

 

Wednesday, 29 Sep 2004

Minutes

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

Main Points:

Exhibits Introduced

EXHIBITS D7S 1-25: PHOTOS OF ITEMS TAKEN FROM TRUCK ON 2/18/03.
EXHIBIT D7S-2: WRAPPED PRESENT, TOWEL, AND BARNES&NOBEL BAG.
EXHIBIT D7S-3: WHITE TOWEL WITH BLACK SCOTTY DOGS.
EXHIBIT D7S-4: PASSENGER SIDE W/ 2 OPEN DOORS OF WHITE PICK UP TRUCK
EXHIBIT D7S-5: BACK OF WHITE DODGE PICK UP TRUCK.
EXHIBIT D7S-6: INSIDE OF TRUCK BED WITH YELLOW PLASTIC BOTTLE AND NYLON STRAP
EXHIBIT D7S-7: ITEMS IN BACK OF PICK UP
EXHIBIT D7S-8: PASSENGER SEAT/STEERING WHEEL.
EXHIBIT D7S-9: PASSENGER SEAT WITH TAN BAG AND BOTTLES
EXHIBIT D7S-10: BACK SEAT WITH SPORTS BAG, TOWEL, ETC.
EXHIBIT D7S-11: BLUE GOLF BAG AND SHOWER SHOE, ETC.
EXHIBIT D7S-12: BLUE GOLF BAG/GOLF CLUBS, TOWEL OUTSIDE OF TRUCK.
EXHIBIT D7S-13: TAN BAG WITH TRADECORP BINDER, MAP,
EXHIBIT D7S-15: BACK PACK WITH SLEEPING BAG.
EXHIBIT D7S-16: VARIOUS ITEMS OF CLOTHING, SHOES, ETC.
EXHIBIT D7S-17: CLOSE UP LEVIS AND 3 PAIRS OF SHOES, BELT.
EXHIBIT D7S-18: CLOSE UP OF SHOES, BELT, ETC.
EXHIBIT D7S-19: TWO WHITE SHIRTS, BELT, SUIT, ETC.
EXHIBIT D7S-20: CLOSE UP OF SHIRTS, UNDERWEAR, ETC.
EXHIBIT D7S-21: RED AND WHITE TIES, SUIT.
EXHIBIT D7S-22: CLOSE UP OF SUIT.
EXHIBIT D7S-23: TWO RED OBLONG BAGS.
EXHIBIT D7S-24: CLOSE UP OF ONE BLACK SHOE
EXHIBIT D7S-25: BAG OF "MISSING LACI" BUTTONS

EXHIBIT D7T: PHOTO OF DET. GROGAN AND DEFENDANT IN TRUCK ON 2/18/04.
EXHIBIT D7U-1: DIAGRAM OF TRUCK
EXHIBIT D7U-2: DIAGRAM OF BOAT
EXHIBIT D7V 1-7: VARIOUS PRESS RELEASES
EXHIBIT D7V-1: MPD 12/30/02
EXHIBIT D7V-2: MPD 12/26/02
EXHIBIT D7V-3: MPD 12/25/02
EXHIBIT D7V-4: MPD 12/28/02
EXHIBIT D7V-5: MPD 12/27/02
EXHIBIT D7V-6: MPD 12/26/02
EXHIBIT D7W: PHOTO OF KITCHEN
EXHIBIT D7X: 2 PAGE DOCUMENT - 41 REASONS WHY GROGAN WOULD FIND LACI IN THE BAY.


 

 

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

Schweitzer was part of the DOJ surveillance on April 16.  Scott stopped alongside his unmarked car and asked what agency he was with, state or local. He told Schweitzer that he knew he had been following him all morning. Scott also took down his license plate number.  On cross, Geragos noted that surveillance team members intentionally did not want to be recognized as police and Scott thought they were members of the press.  

 

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

Birgit Fladager began her re-direct examination of Detective Grogan.

Exhibits Introduced

EXHIBIT 281A: PHOTO OF SCOTT (FROM VIDEO) IN MPD INTERVIEW ROOM ON 12-25-02.
EXHIBIT 281B: PHOTO OF SCOTT STANDING.

 

 

Thursday, 30 Sep 2004

Minutes

 

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

Grogan concluded his testimony today with two rounds of re-direct and re-cross.

Exhibits Introduced

EXHIBIT 282: PHOTO OF DET. GROGAN AND SCOTT (FEB. SEARCH WARRANT).

EXHIBIT D7Y 1-9: GROUP OF PHOTOS OF LACI/SCOTT SEIZED IN SEARCH WARRANT:
EXHIBIT D7Y-1: LACI WITH EARRINGS
EXHIBIT D7Y-2: LACI W/EARRINGS AND DIAMOND PENDANT
EXHIBIT D7Y-3: LACI W/EARRINGS AND DIAMOND PENDANT
EXHIBIT D7Y-4: LACI WITH EARRINGS
EXHIBIT D7Y-5: NOT IDENTIFIED ON RECORD
EXHIBIT D7Y-6: NOT IDENTIFIED ON RECORD
EXHIBIT D7Y-7: LACI WITH DIAMOND NECKLACE
EXHIBIT D7Y-8: SCOTT WITH BACK PACK
EXHIBIT D7Y-9: SCOTT CAMPING W/DOG
EXHIBIT D7Z: C.D./TRANSCRIPT TELEPHONE CONVERSATION WITH DET. AJA AND SCOTT PETERSON ON 2/3/03 AT 1533 HOURS.

EXHIBIT D8A-1: PHOTO - SECOND BEDROOM BED W/PILLOWS
EXHIBIT D8A-2: PHOTO - MASTER BEDROOM BED

 

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

This group of 5 witnesses participated in the surveillance in San Diego just prior to and/or including Scott's arrest.  All testified about Scott's knowledge that he was being followed and the various contacts they had with him, which included bluntly asking them what agency they were with to clapping his hands. 

 

On cross, they all likewise admitted that the purpose was to keep their identity as LE concealed, they were in unmarked cars, Scott was recording their license plate numbers, and he never was seen trying to flee towards the Mexican border.

 

The agents who participated in the arrest testified that he stopped immediately when the lights and sirens were used and made no effort to resist arrest.  And he apologized to the agent who nearly wrecked her car and told her he thought they were all media.

 

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

Today's testimony delved only into Cheng's credential as an expert in the area of Hydrology-Water movement in the S.F. Bay and a PowerPoint presentation on the basics of tides and winds in the San Francisco Bay.  He will take the stand on Monday.

Exhibits Introduced

EXHIBIT 283: HARDCOPY/POWERPOINT PRESENTATION OF TIDES, CURRENTS, WINDS, AND WAVES IN S.F. BAY.

 

 

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 291B: CENTER CONSOLE W/CELL PHONE, WALLET
EXHIBIT 291E: ITEMS IN TRUNK, LICENSE PLATE, ETC.
EXHIBIT 291F: CLOSE UP OF ITEMS IN 291D.
EXHIBIT 292: YAHOO MAP - AMERICAN BODY WORKS, 4/16/03
EXHIBITS 293 1-20: INVENTORY PHOTOS OF ITEMS TAKEN FROM CAR WHEN SCOTT ARRESTED:
EXHIBIT 293-3: CLOSE UP WALLET, KEYS, ETC.
EXHIBIT 293-4: BACKPACK, SHOES, ROPE
EXHIBIT 293-5 BACKSIDE OF BACKPACK, SHOES.
EXHIBIT 293-6: LOOKING DOWN ON BACKPACK, CONTENTS.
EXHIBIT 293-7: CLOSE UP ITEMS IN BACKPACK
EXHIBIT 293-8: GLOVES, KNIVES, HAT, SCISSORS, ETC.
EXHIBIT 293-9: FOLDING KNIVES, SCISSORS, RAZORS.
EXHIBIT 293-10: FOLDING SAW
EXHIBIT 293-11: CONTENTS LOWER COMPARTMENT OF BACKPACK
EXHIBIT 293-12: CLOSE UP ITEMS IN 293-11, WATER PURIFIER ETC.
EXHIBIT 293-13: SHOES, KNIFE, ETC.
EXHIBIT 293-14: CAMPING GRILL
EXHIBIT 293-15: BINOCULARS, HAMMOCK, CAMP AX, SNORKEL MASK.
EXHIBIT 293-16: WINTER JACKET, GLOVES
EXHIBIT 293-17: MULTI-TOOL, FISHING POLE
EXHIBIT 293-18: SHOVEL
EXHIBIT 293-19: SEVERAL PAIRS OF SHOES.
EXHIBIT 293-20: TWO PAIRS OF PANTS

EXHIBITS 293 21-46: INVENTORY PHOTOS OF ITEMS TAKEN FROM CAR WHEN SCOTT ARRESTED:
EXHIBIT 293-21: TWO SHIRTS (LONG/SHORT SLEEVE)
EXHIBIT 293-22: SWEATSHIRT, PANTS
EXHIBIT 293-23: NAVY JACKET AND SHIRT
EXHIBIT 293-24: RED PRINT SHIRT, TWO PAIRS OF SHORTS.
EXHIBIT 293-25: TWO PAIRS OF SHORTS
EXHIBIT 293-26: THREE SHIRTS
EXHIBIT 293-27: SWEATER, SHOES, TIES, BELT, ETC.
EXHIBIT 293-28: SOCKS, UNDERWEAR, ETC.
EXHIBIT 293-29: PENS, FOREIGN CURRENCY, KEYS, ETC.
EXHIBIT 293-30: CLOSE UP OF CHECK 4-12-03
EXHIBIT 293-31: FOUR CELL PHONES
EXHIBIT 293-33: CONTENTS OF OVERNIGHT BAG
EXHIBIT 293-34: 2/16/03 NOTE FROM AMBER
EXHIBIT 293-35: SHOES, HAT, PHOTO, COOKIES, ETC. (ITEMS ON FLOOR OF CAR)
EXHIBIT 293-36: EARLY REWARD POSTERS FOR LACI
EXHIBIT 293-37: ITEMS RECOVERED FROM CAR, CHEVRON CARD, KEY, ETC.
EXHIBIT 293-38: CURRENCY ENVELOPE $10,000
EXHIBIT 293-39: CONTENTS OF ENVELOPE (CURRENCY)
EXHIBIT 293-40: CURRENCY SPREAD OUT/COUNTED.
EXHIBIT 293-41: CURRENCY ENVELOPE $4640
EXHIBIT 293-42: PHOTO OF CURRENCY
EXHIBIT 293-43: CURRENCY SPREAD OUT/COUNTED
EXHIBIT 293-44: CURRENCY ENVELOPE $284.86
EXHIBIT 293-45: PHOTO OF CURRENCY
EXHIBIT 293-46: CURRENCY ENVELOPE $6.48
EXHIBIT 294: SDT - REI PURCHASES

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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