Richard House

 

Witness for the People:  Guilt Phase

July 20 & 21, 2004

 

Direct Examination by David Harris

HARRIS: Sir, could you tell us what your occupation is.

HOUSE: I'm a detective with the Modesto Police Department.

HARRIS: I want to direct your attention back to December 26, 2002. Were you working in your capacity as a police officer then?

HOUSE: Yes, I was.

HARRIS: And as part of that capacity, were you asked to assist or assigned to assist a search warrant at Covena in Modesto?

HOUSE: Yes, I was.

HARRIS: Did you go to that particular location?

HOUSE: Yes.

HARRIS: About what time did you get there?

HOUSE: Approximately 6:00 o'clock in the evening.

HARRIS: And at some point in time was there a search warrant that was served?

HOUSE: Yes, there was.

HARRIS: Did you participate in the service of the search warrant?

HOUSE: Yes, I did.

HARRIS: Were you the scene manager, or someone else the scene manager?

HOUSE: Detective Rudy Skultety was the scene manager.

HARRIS: With Detective Skultety being the scene manager, did he give you some assignment or something for you to take care of?

HOUSE: He assigned me to process two vehicles that were parked in the driveway of the residence.

HARRIS: Do you recall what type of vehicles these were?

HOUSE: One was a Ford pickup, the other was a Land Rover.

HARRIS: The, did you process these vehicles?

HOUSE: Yes, I did.

HARRIS: If you could look around behind you to what's been marked as People's number 38. Do you recognize this as a diagram or schematic of the house on Covena?

HOUSE: Yes.

HARRIS: And that's 523 Covena?

HOUSE: Yes, it is.

HARRIS: On the lower right portion of the diagram, does that represent where the vehicles were that evening?

HOUSE: Yes, it does.

HARRIS: Does the diagram kind of have some representation of where those two vehicles are at?

HOUSE: They're parked in the driveway.

HARRIS: And does it indicate some type of identification number or something to identify each vehicle?

HOUSE: It looks like the license plate numbers of each vehicle are indicated on the diagram.

HARRIS: Now, the representations on the diagram up there for People's number 38, which one was the Land Rover?

HOUSE: The Land Rover was the one nearest,

JUDGE: Detective House, there's a pointer right there you can use.

HOUSE: Nearest the house.

JUDGE: That was the Land Rover?

HOUSE: Yes.

HARRIS: And that would be on the left side of the diagram?

HOUSE: Yes.

HARRIS: And, again, just for the record, can you read in the, you indicated there's looks like the license plate number, what that number is that points to that particular vehicle you were referring to?

HOUSE: It's 4MSP497.

HARRIS: And the vehicle that you are saying was a pickup truck, do you see that vehicle up there as well?

HOUSE: Yes.

HARRIS: And does that have also a number that identifies it?

HOUSE: Has what appears to be the license plate number, yes.

HARRIS: If you could read us what that particular number is that identifies that vehicle.

HOUSE: 6T59718.

HARRIS: Now, you are saying you were assigned to process these vehicles. Can you tell us what you did?

HOUSE: Detective Skultety asked me to perform a cursory search on the Ford pickup, which was going to be towed to a secure location for further processing. He asked me to make sure there wasn't any evidence that could be lost in transport, that I could find. And search the Land Rover, as well, for any possible evidence of a crime. I started with the Land Rover. And found some suspicious stains inside Land Rover, and some suspicious stains, as well, inside the pickup. And I discussed the situation, or the circumstances, with Detective Skultety and other personnel at the scene, and a decision was made at that point in time to tow both of them for further processing.

HARRIS: Okay. Going through this, talking about the Land Rover. When you're saying you're, you're doing this search, do you just walk around it and look at it? Do you open it up? Tell us what you do.

HOUSE: I checked the exterior of the vehicle with my flashlight, it was dark at the time, both direct lighting and oblique lighting, different angles, looking for any

HARRIS: Let me stop you there. Oblique lighting angles, what's that?

HOUSE: Holding my flashlight on different angles on the vehicles, looking for any possible evidence that could be on the exterior of the vehicles. I didn't find any on the exterior.

HARRIS: Okay. Did you, you're telling us about how you go on the exterior of the vehicles. Did you do this for both the Land Rover and the pickup truck?

HOUSE: Yes, I did.

HARRIS: Did you ever open them up?

HOUSE: Yes, I did.

HARRIS: Which one did you open up first?

HOUSE: I opened the Land Rover first. When I did, unlocked it, the alarm went off. Both vehicles were locked. The alarm went off, and I deactivated the alarm with the remote that had been given to me by Detective Skultety.

HARRIS: I couldn't hear everything that you said. Let me go back through this. Did you say both vehicles were locked?

HOUSE: Yes.

HARRIS: Now, you were saying there was an alarm, the alarm was going off. Which vehicle was that?

HOUSE: The Land Rover.

HARRIS: So the Land Rover, the Land Rover is locked, you open it up and the alarm goes off?

HOUSE: Yes.

HARRIS: Did you ever open up the pickup truck?

HOUSE: Yes.

HARRIS: Was it alarmed?

HOUSE: No. The alarm didn't go off. If it had an alarm, I don't know about it.

HARRIS: When you do the interior inspection, or looking through it, whatever it was that you were doing, which vehicle did you do first, the interior?

HOUSE: The Land Rover.

HARRIS: And when you were doing this, do you make mental notes, do you take photographs? How do you do this?

HOUSE: Well, first of all, before I opened either one of them, or began processing the one, I had photographs taken by ID tech Denise Ducot and Doug Lovell. Video and still photography of both vehicles. After I opened up the Land Rover, I found some suspicious stains inside, which were also photographed at that time by Veronica Holmes.

GERAGOS: Objection. Motion to strike. Argumentative.

JUDGE: I don't think so. Overruled.

HARRIS: You were saying Veronica Holmes was photographing whatever it was you were pointing out to her?

HOUSE: On the interior of the vehicles, yes.

HARRIS: Was that both vehicles? Or just the Land Rover?

HOUSE: That was both vehicles.

HARRIS: Now, you had initially said that you were going to, assigned to do a cursory search. Was this kind of a cursory search? Or was this much more in depth?

HOUSE: Well, the cursory search was for the pickup, because we knew the pickup was going to be towed already. He asked me to process the Land Rover. And, as I mentioned, I found some suspicious stains in the Land Rover, and at that point in time I notified Detective Skultety, who was the crime scene manager, and a decision was made to tow that vehicle as well and complete further processing of the vehicle at another location.

HARRIS: So after you do this initial look, you processing, are both vehicles towed?

HOUSE: Yes.

HARRIS: And you said that they were towed to some other location. Was this a secure location?

HOUSE: Yes.

HARRIS: Did you go and look at the vehicles or process them later or participate in this later processing?

HOUSE: That night I assisted Detective Hendee and other personnel on the processing of the Ford vehicle, pickup.

HARRIS: Did you participate in the Land Rover at all?

HOUSE: Yes. A few days later. On December 31st I went to the Ceres Police Department, where the Land Rover had been towed and stored inside their security.

JUDGE: What police department?

HOUSE: Ceres.

JUDGE: C-E-R-E-S?

HOUSE: Yes, sir.

HARRIS: To go back through that. The Ceres Police Department has a secure facility for, to put vehicles?

HOUSE: They do.

HARRIS: And this is some locked place where you can go and,

HOUSE: It's a, probably a little bigger than a single-car garage attached to the police department itself. Detective Adam McGill escorted the Land Rover over there the night it was towed and secured it in that facility.

HARRIS: So when you went over there a few days later, did it appear to be in the same condition as when you had left it to be towed?

HOUSE: No.

HARRIS: What was different?

HOUSE: It was wrapped with evidence tape, and there were evidence stickers on the doors that were sealed, not broken.

HARRIS: So when you started to do the processing, did you have to break those seals?

HOUSE: Yes, I did.

HARRIS: Did you process, go through the Land Rover at that time?

HOUSE: Yes.

HARRIS: Did you make any notes or photographs or document what you found?

HOUSE: Yes.

HARRIS: What, if anything, did you find?

HOUSE: There were suspicious stains on the headliner of the vehicle. Samples of those stains were collected and the headliner, part of the headliner was removed. There was a suspicious stain on the rear passenger door, I believe. That was, a sample of that stain was collected. There were some items in the back of the, in the cargo area. One of the items is a paper sack that contained a lamp shade and a Phillips Electric receipt. There was a bluish green basket weave handbag with a shirt and a romance novel in the back cargo area. There was a disposable camera.

HARRIS: Now, the items that you're describing, were they collected or just somewhat documented?

HOUSE: Some were collected, some were documented.

HARRIS: Now, the, the romance novel, the shirt and that kind of bag or purse, I can't remember the exact word that you used to describe it, did you see those at a later point in time?

HOUSE: Yes, I did.

HARRIS: Was it in the Land Rover?

HOUSE: No.

HARRIS: Now, after you were processing the truck that night, or excuse me, the Land Rover, try that again. You processed the truck late into the night of the 26th?

HOUSE: Correct.

HARRIS: You did the Land Rover a few days later?

HOUSE: It was on the 31st, I believe.

HARRIS: The 31st. I want to go back to the 26th. Besides processing the vehicles, that assignment you were given by Detective Skultety, were you assigned to go inside the house on the 26th at all?

HOUSE: No, I was not.

HARRIS: Did you return back to the house on the 27th?

HOUSE: Yes, I did.

HARRIS: And did you participate in any of the searches that, at that point in time at the house on the 27th?

HOUSE: Yes.

HARRIS: Did you as part of your participation kind of go into the backyard area?

HOUSE: Yes, I did.

HARRIS: And again, looking behind you at People's No. 38, you've indicated you recognize this as being the schematic of the Covena house. Did you happen to go to, just kind of direct you to the small shed to the left side of the property.

HOUSE: Here?

HARRIS: You're pointing to the shed on the diagram?

HOUSE: Yes. Is that where you're referring to?

HARRIS: Did you go to that shed?

HOUSE: Yes, I did.

HARRIS: When you went to the shed on that particular date, did you notice anything that attracted your attention?

HOUSE: Yes.

HARRIS: What was that?

HOUSE: There was a tarp or a boat cover in the shed. It was laying on some items on the floor of the shed. It was wet and smelled of gasoline.

HARRIS: This smell of gasoline was a little smell, large smell? Can you describe it?

HOUSE: It was a strong odor.

HARRIS: When you said it was wet, could you tell wet from what?

HOUSE: Appeared to be gasoline.

HARRIS: Was it decided to collect that particular item?

HOUSE: Yes.

HARRIS: And was that item removed from the shed and placed someplace to air out or dry out?

HOUSE: Yes, it was.

HARRIS: Was it, do you recall where it was that it was placed?

HOUSE: It was placed,

GERAGOS: 352. Cumulative.

JUDGE: I don't think so. Overruled. Go ahead, you can answer.

HOUSE: It was placed over the rear fence of the residence, to air out.

HARRIS: And ultimately, kind of the end of the service of the search warrant, was this item collected and, by the Modesto Police Department?

HOUSE: Yes, it was.

HARRIS: Now,

JUDGE: Mr. Harris, let's take the afternoon recess for 20 minutes, okay?

HARRIS: All right. Thank you.

<recess>

HARRIS: Detective, before we took the break we were talking about processing the Land Rover and the pickup truck. When you processed the pickup truck did you do that by yourself or did do you that with someone else?

HOUSE: Well, I assisted. Initially at the scene, at the house?

HARRIS: Let's go through that. Initially did you do it with someone else or by yourself?

HOUSE: I did it by myself.

HARRIS: And then you did your cursory search and then it's towed, you were telling us you went later that night to process it?

HOUSE: Yes.

HARRIS: Did you do that by yourself or with someone else?

HOUSE: No, I assisted Detective Hendee and other personnel at the house as well.

HARRIS: Now, the Land Rover, you said that was a few days later, did do you that by yourself or with someone else?

HOUSE: With someone else.

HARRIS: Now the items that you were talking about that were collected from the Land Rover, these suspicious stains that you saw, you took these samples and you put them in some kind of container and sent them off to the Department of Justice?

HOUSE: Yes.

HARRIS: And do you know what the results were?

HOUSE: They were negative.

HARRIS: Now the other items that you saw

GERAGOS: I'm sorry, the Land Rover, and this is off of the 26th or the 27th?

JUDGE: Is that right, the stains you collected from the Land Rover?

HOUSE: That was from the 31st when we processed the vehicle. They were sent to the Department of Justice. It's my understanding that they were negative.

HARRIS: Now the Ford pickup truck was processed when you were assisting Detective Hendee, those stains were also submitted to the Department of Justice?

HOUSE: That's my understanding, yes.

HARRIS: Now going back to the 27th, so we're back, search warrant at the house on the 27th, you told us about the boat cover. Did you, at a later point in time after lunch go and assist in another search warrant?

HOUSE: Yes, I did.

HARRIS: And who was the scene manager for the subsequent search warrant?

HOUSE: Detective Hendee.

HARRIS: Did you go to a particular location?

HOUSE: Yes, I did.

HARRIS: Where did you go?

HOUSE: 1027 North Emerald warehouse.

HARRIS: I'm having a hard time hearing with all the background noise, what was the address again?

HOUSE: 1027 North Emerald, it was a warehouse.

HARRIS: Did Detective Hendee give you an assignment as being the scene manager for what you were supposed to do?

HOUSE: Yes.

 HARRIS: What was your assignment?

HOUSE: To draw a diagram or sketch of the warehouse.

HARRIS: Now looking to your left behind you, do you see what's marked up there as People's No. 55?

HOUSE: Yes, I do.

HARRIS: And do you recognize that?

HOUSE: Yes.

HARRIS: What is that?

HOUSE: That's a sketch that I drew of the warehouse.

HARRIS: And does that accurately depict somewhat representation of the warehouse as you saw it on 12/27?

HOUSE: It's proportional, yes.

HARRIS: Okay. When you say "proportional," what does that mean?

HOUSE: It's not to scale, it wasn't drawn to scale, it's just a proportional diagram that's not to scale.

HARRIS: Now we see in this particular diagram that there's some numbers on there, what do those represent?

HOUSE: I don't know what numbers you're referring to.

HARRIS: Do you see towards the center bottom portion. If you want to stand up, you can walk over there.

HOUSE: Here?

HARRIS: No, higher.

HOUSE: Here. Okay.

HARRIS: Maybe it's me from this distance, those are numbers, aren't they?

HOUSE: Yes, they are.

HARRIS: What do those numbers represent?

HOUSE: That's the length of the warehouse, 70 feet, three inches.

HARRIS: Okay. How did you go about getting these measurements?

HOUSE: A tape measure that I used that are carried in our identification van.

HARRIS: And did you lay it on the floor, did you have somebody help you hold it?

HOUSE: Detective Ruskamp and Detective Banks, Sebron Banks, assisted me in obtaining the measurements. They actually measured the warehouse and I recorded it in the information.

HARRIS: So they held the tape, they tell what you the distance is and you write it down?

HOUSE: Yes.

HARRIS: From these measurements you're making a sketch as you go?

HOUSE: Yes.

HARRIS: Now, there's some other numbers up there and this time and I'll kind of help you out if I can. Do you see the numbers in there?

HOUSE: Yes.

HARRIS: Does that little area to the lower left portion of the diagram represent the bathroom area?

HOUSE: Yes, it does.

HARRIS: So all of these measurements, are they approximate as best as you can get with a tape measure?

HOUSE: Yes.

HARRIS: You can go ahead and resume your seat. Besides that particular diagram there, did you also do another diagram pretty much the same thing but representing other items?

HOUSE: Yes, I did.

HARRIS: I'd like to have marked next in order.

JUDGE: 148.

HARRIS: Detective, I'm going to ask you what was just marked as 148. I am going to ask you if this looks like one of these diagrams that we were just talking about?

HOUSE: Yes.

HARRIS: Do you recognize that?

HOUSE: Yes, I do.

HARRIS: Does it also have your name as being drawn by you?

HOUSE: Yes, it does.

HARRIS: Now this particular diagram, does it also represent the warehouse?

HOUSE: Yes.

HARRIS: Now what we're looking at, is this pretty much the same as what's up there as People's No. 55 except for the kind of ovals with numbers in them?

HOUSE: Yes.

HARRIS: And what do the ovals with numbers represent?

HOUSE: Items, the location of items of evidence collected and identified by Detective Hendee.

HARRIS: Now, as part of the process of drawing this diagram, were you also responsible for going around and seeing where items were either, either found or collected from?

HOUSE: Yes.

HARRIS: So as part of that process you go around and watch what other people do?

HOUSE: Well, I wouldn't say that I watch what other people do, there are occasions that I see what other people are doing and I do see, you know, I see where these numbered placards are placed and where the evidence is located.

HARRIS: In doing the diagram that we have up there as 148, do you attempt to approximate as best that you can where these items come from?

HOUSE: Yes.

HARRIS: Now the numbers that you assign, are these random numbers or how is it that you get these numbers?

HOUSE: They're assigned by Detective Hendee.

HARRIS: When Detective Hendee assigns these numbers to a particular number is this a placarding system?

HOUSE: Yes.

HARRIS: Where something is, placards are those little yellow things that are kind of like triangle tents with a flat portion?

HOUSE: Some of them are, yes.

HARRIS: And these are set at the location, that assigns that location's number?

HOUSE: Yes.

HARRIS: You then go around and draw the approximate location of where this is at on your diagrams?

HOUSE: Correct.

HARRIS: Now this particular item up there, 148, does that give us the approximate location of where all of these items that were taken from the warehouse were?

HOUSE: Approximately, yes.

HARRIS: Now when you, you were saying that things are, you might see what people are doing or things are pointed out to you, do you kind of, I don't want to say follow around Detective Hendee, but are you aware of what he's doing and go to his locations?

GERAGOS: Objection, leading.

JUDGE: Sustained.

HARRIS: What do you do in terms of finding out where placards are at?

HOUSE: I diagram the warehouse and I get an idea from either Detective Hendee, or whoever's logged the evidence, how many placards there are, and then I make sure as I do the diagram that I have accounted for each and every placard that's been put out. If there's a question in my mind as to what a e 2 placard represents or where a particular placard is, then I question Detective Hendee about it.

HARRIS: Now looking up at 148 up here, it's the same as in 55 that we used the one up on the screen, does this square rectangle, somewhat rectangular square there represent the trailer?

HOUSE: Yes, it does.

HARRIS: And across the upper most portion of the trailer there's a series of numbers there, what do those numbers represent?

HOUSE: Those are approximate locations for items of evidence for items of interest that were identified by Detective Hendee.

HARRIS: Now when you say "items of interest," what's the difference between the two?

HOUSE: Well, in this particular situation not all those items designated a particular piece of evidence. Some of them designated voids in what appeared to be concrete debris on the trailer.

HARRIS: Were these items pointed out to you or placarded?

HOUSE: Yes, they were.

HARRIS: Did you go over and look at these areas?

HOUSE: Yes, I did.

HARRIS: And from where the placards were at you made this diagram?

HOUSE: Yes.

HARRIS: Did you see these voided areas that were represented or were being indicated by the placards?

HOUSE: Yes, I did.

HARRIS: Now going to the lower right portion, does this symbol up here represent the boat?

HOUSE: Yes, it does.

HARRIS: And, again, the oval circular items there with the numbers in here, does that represent the items that were recovered from the boat?

HOUSE: Yes.

HARRIS: Did you see an anchor?

HOUSE: I saw a concrete, what appeared to be a handmade concrete anchor.

HARRIS: And did you see a pair of pliers?

HOUSE: Yes, I did.

HARRIS: Do you know if those items were collected?

HOUSE: Yes, they were.

HARRIS: Do you know if they were placarded?

HOUSE: Yes, they were.

HARRIS: Again, part of the process of doing this schematic, did you find the approximate locations of where those items were collected from?

HOUSE: Yes.

HARRIS: Did you, was it part of your task in doing this to generally go to almost every location in the warehouse that you could?

HOUSE: Yes.

HARRIS: Did you find it difficult to get around the warehouse?

HOUSE: It was very full.

HARRIS: Now we see up here these boxes, and just so we can get clear on that, there's boxes up here at the top in different angles, some here all pretty much the same size, what do those represent?

HOUSE: Those are pallets of what I believe to be fertilizer.

HARRIS: And did they take up approximately the same kind of space that you see there?

HOUSE: Approximately.

HARRIS: Again, this isn't

HOUSE: That's rough, yes.

HARRIS: Did you have a difficult time going from the front of the shop to the back of the shop?

HOUSE: Yes, I did.

HARRIS: Did you ever look at the boat?

HOUSE: Yes.

HARRIS: Show you some photographs. Starting with 121C. Do you recognize that as being the front of the boat?

HOUSE: Yes.

HARRIS: And the anchor that we were talking about, do you see that in the photograph?

HOUSE: Yes, I do.

HARRIS: Is that to the lower right portion of that photograph?

HOUSE: That's it.

HARRIS: Now at some point in time that anchor was placarded?

HOUSE: Yes.

HARRIS: Showing you, it looks like quadruple M, is this that same anchor?

HOUSE: Yes, it is.

HARRIS: Or concrete item that you were describing?

HOUSE: Yes.

HARRIS: When you went around and you're doing your diagram, do you recall the placard being on top of the concrete weight or concrete anchor?

HOUSE: Specifically I can tell from this picture that it was there, but I don't really have an independent recollection of that.

HARRIS: All right. Again, so we're clear, looking at this photograph, 4 quadruple M, the placard for No. 43 is on top of this item?

HOUSE: Yes.

HARRIS: Now looking at this item right here, which is, appears to be 4 E 4, do we see placard No. 43 again in the center of the photograph?

HOUSE: Yes.

HARRIS: Does that appear to be sitting on the floor of the boat?

HOUSE: Yes.

HARRIS: Showing you what appears to be triple Z 1, does this appear to be the same anchor submerged in water?

HOUSE: Yes, it does.

HARRIS: Going back to this particular photograph, quadruple M, looking at the same anchor, does that anchor appear to be wet?

HOUSE: No.

HARRIS: Now after your involvement with the search warrant on the 27th, I want to move forward in time. Did you receive some information around January 3rd that caused you to go to a Mail Boxes Etc in Modesto?

HOUSE: Yes, I did.

HARRIS: What particular Mail Boxes Etc did you go to?

HOUSE: 1801 H Street.

HARRIS: I'm sorry?

HOUSE: Savemart Shopping Center.

HARRIS: And this is a particular business that's there?

HOUSE: Yes.

HARRIS: Tell us what, I mean some of us might know, but what is a Mail Boxes Etc?

HOUSE: It's a private mailbox business where they lease mailboxes, commercially and or commercial mailboxes to businesses and residential mailboxes to people who want to least them.

HARRIS: And did you receive some information about the defendant setting up or leasing or renting one of these boxes?

HOUSE: Yes, I did.

HARRIS: Did you go and obtain any paperwork from them?

HOUSE: Yes.

HARRIS: I'd like to have marked next as People's next in order.

JUDGE: 149.

HARRIS: This is a document that's stapled together. Detective, let me show you what's been marked as People's No. 149 and ask you to look at that, see if you recognize it.

HOUSE: Yes, I do.

HARRIS: Are these copies of the documents as you obtained from that particular business?

HOUSE: These are copies of the documents, yes.

HARRIS: And who did you obtain them from?

HOUSE: Laura Rogers, she's the owner.

HARRIS: Do these documents appear to be some type of rental or lease agreement with the defendant?

HOUSE: These are the documents that she told me Scott Peterson filled out when he was renting a mailbox there.

HARRIS: And on the last page is there a copy of anything?

HOUSE: Yes.

HARRIS: What does that appear to be a copy of?

HOUSE: A visa belonging to Scott Peterson and his driver's license.

HARRIS: Does it indicate that pursuant to this agreement that mail was going to be a post office, or not a post office box, a mailbox was being opened at that particular business?

HOUSE: Yes.

HARRIS: What was the effective date?

HOUSE: The effective date the mailbox was opened is the date he leased the box, I believe, December 23rd.

GERAGOS: Objection, motion to strike. Calls for speculation.

JUDGE: You can just tell us the date without giving us your opinion.

HARRIS: Is there a date on this particular application?

HOUSE: Yes.

HARRIS: What date is that?

HOUSE: December 23rd.

HARRIS: Now, after you had talked to Ms. Rogers and obtained these particular copies, did you ask her to keep in touch with you if anything had come into that box?

HOUSE: Yes, I did.

HARRIS: Without getting into the contents of that, did you receive some notification from her at a later point in time?

HOUSE: Yes, I did.

HARRIS: What date was that?

HOUSE: That was January 9th of 2003.

HARRIS: And after, whatever the communication was, did you go back to that particular business?

HOUSE: Yes, I did.

HARRIS: And did you look in the box to see if there was any mail there that day?

HOUSE: Yes.

HARRIS: Did you look at the mail?

HOUSE: Yes.

HARRIS: Did you actually make a copy of the item that was there?

HOUSE: Mrs. Roger's did, made a copy for me.

GERAGOS: Objection, calls for speculation.

JUDGE: Unless he saw her do it.

HARRIS: Did you see the item?

HOUSE: Yes, I did.

HARRIS: And the copy that she provided to you, was that a copy of the item you saw?

HOUSE: Yes, it was.

HARRIS: I'd like to have marked next in order.

JUDGE: 150.

HARRIS: Detective, let me present to you what has been marked as People's 150. Do you recognize this being the copy or a copy of what you received from Ms. Rogers?

HOUSE: Yes, I do.

HARRIS: And this is a copy of what?

HOUSE: It's an envelope that is addressed to Scott Peterson at that mailbox and there's a return address, and Madera on it, to an Amber Frey.

HARRIS: So the return address is from Amber Frey?

HOUSE: Yes.

HARRIS: Directed to Scott Peterson?

HOUSE: Yes.

HARRIS: Now moving forward again in time, in February, February 18th, did you go back to the Covena house as part of the search warrant?

HOUSE: Yes, I did.

HARRIS: And were you assigned by the scene manager to do anything that particular day?

HOUSE: Yes.

HARRIS: And on February 18th what were you assigned to do?

HOUSE: I was assigned to assist Detective Dodge Hendee in an examination of the master bedroom.

HARRIS: To go into the master bedroom and search?

HOUSE: Yes.

HARRIS: Okay. And when you went into the master bedroom, do you look at things, photograph things, document, I mean what's the process that you go through?

HOUSE: Well, before the search began the room was photographed. And I believe there was a video that was taken as well of the entire house. And then we began to process the room. First of all, search for anything forensic, the floors, the walls, and then a search of the room itself for items of possible evidence.

HARRIS: Did, at some point in time did a paper bag come to your attention?

HOUSE: Yes.

HARRIS: Where was it that you saw this or it was brought to your attention?

HOUSE: It was the northwest corner of the bedroom behind a cloth hamper.

HARRIS: And did you go over and look at it?

HOUSE: Yes, I did.

HARRIS: And tell us about that.

HOUSE: There was a, it was a paper bag. It appeared to be a shopping, a grocery bag, large size. It had several items in it. One of the items or what was on top of the items in the bag was the basket weave handbasket or handbag that I previously observed in the Land Rover when I processed it, blue and green basket-weaved handbag.

HARRIS: If I can have marked two photographs next in order.

JUDGE: 151 A and B.

HARRIS: Detective, let me present to you 151 A and 151 B. Have you look at those real briefly, see if you recognize them.

HOUSE: Yes, I do.

HARRIS: And are these the items you were just describing?

HOUSE: Yes, they are.

HARRIS: Do these two photographs accurately depict its bag and its contents as you saw it on February 18th?

HOUSE: Yes.

HARRIS: Now looking at 151 A, can you describe for us what this is.

HOUSE: That's the blue and green basket weave handbag that I saw in the Land Rover on December 26th and then again on February 18th at the house on Covena.

HARRIS: 151 B, is this the same bag?

HOUSE: Yes, it is.

HARRIS: What is this that's now that on top of the bag?

HOUSE: That's the contents of the bag, both while it was in the Land Rover and at the house, on February 18th.

HARRIS: Now you indicated that you originally saw these. It was in a shopping bag. Let me show you what's previously been marked as 142. Do you recognize that?

HOUSE: That appears to be the bag that it was in at the house.

HARRIS: Now when you, just to go back through this, you see this shopping bag, you look inside, is that green weave bag the first thing that you see?

HOUSE: Yes.

HARRIS: It's removed and photographed. Do you look further inside the bag?

HOUSE: Yes.

HARRIS: Do you see anything inside the bag?

HOUSE: Those items that are laying out by the paper bag now.

HARRIS: Now you're looking up at the screen. That's the photograph, I believe it's 141.

JUDGE: It's 142.

HARRIS: 142. Does this photograph depict the other contents of that bag that you had just been describing?

HOUSE: The other contents of the paper bag?

HARRIS: Of the paper bag, yes.

HOUSE: Yes.

HARRIS: Now when you were at the house, were you assigned, besides searching the master bedroom, to document anything?

HOUSE: Actually, Detective Hendee was documenting our search of the master bedroom that day.

HARRIS: And did you assist or facilitate his documentation?

HOUSE: I was the one doing the searches, searching.

HARRIS: Let me show you two photographs and see, maybe this will make it easier. Let me show you what's marked as People's 50. Do you recognize who that is in the photograph?

HOUSE: Yes.

HARRIS: Who's that?

HOUSE: That's me.

HARRIS: What are you doing there?

HOUSE: I'm holding up an item of clothing that came from the master bedroom.

HARRIS: What was the purpose of taking, let me back up. This particular item that you're holding in your hand in People's No. 50, was this pulled out of the closet?

HOUSE: Yes.

HARRIS: And what was the purpose of pulling out items of clothing from the closet and taking pictures like this?

HOUSE: Detective Skultety requested that all items of clothing be documented through photographs, and that's what we were doing.

HARRIS: Showing you People's number, No. 47. Is that you again?

HOUSE: Yes.

HARRIS: And is this another item of clothing that was pulled out of the closet on February 18th?

HOUSE: Yes.

HARRIS: After your work at the house on February 18th did you go to a storage locker or a storage facility?

HOUSE: Yes, I did.

HARRIS: Where was this storage locker or facility at?

HOUSE: 1401 Woodland, No. 679.

HARRIS: And was a search warrant executed on that particular storage facility?

HOUSE: Yes.

HARRIS: Were you the scene manager for that?

HOUSE: Yes, I was.

HARRIS: Things that of interest that were found there were collected by you?

HOUSE: Yes.

HARRIS: As this process went on were things photographed as well?

HOUSE: Yes.

HARRIS: I'd like to have marked next in order a photograph.

JUDGE: One?

HARRIS: One photograph.

JUDGE: 152.

HARRIS: Detective, while you're looking at this I'm also going to ask you a question. Any item, or some of the items that were at that particular storage facility that day, did you bring some of those with you to court today?

HOUSE: Yes, I did.

HARRIS: All right. While you're looking at that photograph, may I have those items. If I can have those marked People's next in order. They're two separate items, they need to be given two separate numbers.

JUDGE: Envelope and contents.

HARRIS: Envelope and contents.

GERAGOS: 150-, you're going to do two separate numbers?

JUDGE: Yeah, it will be, 153 will be bag and contents, evidence envelope and contents. And 154 will be envelope and contents.

JUDGE: Can I see 152?

GERAGOS: The picture?

JUDGE: Yeah.

HARRIS: I believe the detective has that. I haven't gone through it with him.

JUDGE: I was wondering.

GERAGOS: And 154 is bag and contents as well?

JUDGE: Right.

HARRIS: Detective, while we're doing that, that particular photograph there, 152, do you recognize what that is?

HOUSE: Yes.

HARRIS: What is that?

HOUSE: It's a metal wastebasket that was found inside the storage.

HARRIS: And did you have a photograph taken of it?

HOUSE: Yes.

HARRIS: I am going to go ahead and take this from you. This particular photograph, does it accurately depict the metal wastebasket that came out of the storage facility?

HOUSE: Yes, it does.

HARRIS: Now, the first item that you have up there in front of you, envelope and contents, 153, where was that particular item found?

HOUSE: These items came out of that basket.

HARRIS: And 153, what is that item?

HOUSE: This is an invoice from PricewaterhouseCoopers addressed to Scott Peterson at 1027 North Emerald Street, Modesto.

HARRIS: And this particular invoice, does it indicate if it was paid or not?

HOUSE: It indicates an outstanding balance of $1,500.

HARRIS: Does it indicate the date?

HOUSE: Well, there's two of them.

HARRIS: Let's look at the first one.

HOUSE: The first one is July 9th of 2002.

HARRIS: And when was the invoice due?

GERAGOS: Objection, the document speaks for itself.

JUDGE: Overruled.

HARRIS: You can answer.

HOUSE: It looks like, if I'm reading this correctly.

GERAGOS: There's no foundation.

JUDGE: He's testifying from the envelope. Overruled. From the invoice.

GERAGOS: I'm sorry, judge, I couldn't hear you.

JUDGE: He's testifying just from the invoice, what it says on the invoice.

GERAGOS: Okay.

HARRIS: Detective, does it state here that there's an invoice dated May 31st?

GERAGOS: Objection, leading.

HOUSE: Yes, it does.

JUDGE: Well, it's already answered. Okay. Overruled.

HARRIS: Does it indicate a balance due?

HOUSE: $1,500.

HARRIS: And what is the date of that particular letter?

HOUSE: July the 9th, 2002.

HARRIS: Is there a second one?

HOUSE: Yes.

HARRIS: And does that show the same balance due?

HOUSE: Yes, it does.

HARRIS: What's the date of that second invoice?

HOUSE: August the 9th, 2002.

HARRIS: And is that for a business or a person?

HOUSE: It's addressed to Mr. Scott Peterson, manager, US West TradeCorp, 1027 North Emerald Street, Suite B-1, Modesto.

HARRIS: Now the next item, 154, where was that found?

HOUSE: That was also in the wastepaper basket.

HARRIS: And what is 154?

HOUSE: It's a photo album.

HARRIS: Did you look inside the photo album?

HOUSE: Yes, I did.

HARRIS: And what is in the photos album?

HOUSE: Photos.

HARRIS: Of what?

HOUSE: There's family photos, it looks like, wedding photos.

HARRIS: Can you tell the wedding photos are of who?

HOUSE: I recognize a few people in here. Scott Peterson is some of the photos. Laci Peterson is in some of the photos. And other family members of Scott and Laci's.

HARRIS: Does it appear to be Scott and Laci's wedding?

HOUSE: It does.

HARRIS: The People have no other questions.

 

Cross Examination by Mark Geragos

GERAGOS: Let me see if I got this right. This was not how you found it out in the driveway, right?

HOUSE: No, it was not.

GERAGOS: Okay. That was in the storage locker?

HOUSE: Yes, it was.

GERAGOS: Did you bring that with you today?

HOUSE: These two items?

GERAGOS: No. Did you bring that item that you're testifying about with you here today?

JUDGE: The wastebasket?

GERAGOS: The wastebasket?

HOUSE: No.

GERAGOS: Okay. Well, do you know, did you ask the guy at the storage facility do you trash service inside of the wastebaskets, inside the storage units?

HOUSE: No.

GERAGOS: Okay. Well, so you keep saying this was, are you implying this was in the trash?

HOUSE: No.

GERAGOS: Okay. It was in a storage unit where these items were stored, correct?

HOUSE: Correct.

GERAGOS: And in the storage unit it appears that there was a waste, you call it a wastepaper basket that had items that looked like they didn't have these manila envelopes around them, right?

HOUSE: No.

GERAGOS: So did it look to you like all of these items that were here were addressed to 1027 Emerald, the Pricewaterhouse, the two things to Laci, is that correct?

HOUSE: That's correct.

GERAGOS: Okay. Did it look like the items were then taken and put in some kind of a receptacle and then placed in a storage unit?

HOUSE: Yes, it did.

GERAGOS: In order to store them?

HOUSE: That's what it looked like.

GERAGOS: Okay. It didn't like anybody was throwing away the photos, did it?

HOUSE: I don't think so.

GERAGOS: Okay. Is that what they're trying to imply, because I can't quite figure out what they're trying to imply?

HARRIS: Objection, argumentative.

JUDGE: Sustained.

GERAGOS: Did it appear that Mr. Peterson, at that point, had moved out of the warehouse?

HOUSE: It did because some of the things that I saw in the storage or in the warehouse were in the storage.

GERAGOS: Okay. Did you ever see this photo album at the warehouse the first time you went?

HOUSE: I don't think so.

GERAGOS: Okay. Did you search the office area?

HOUSE: I did not.

GERAGOS: Okay. So you don't know whether or not this photo album, these two bills which are made out to TradeCorp and all of those items were already in the warehouse on Emerald before he moved all of that stuff into a storage unit so he could keep it, right?

HOUSE: I don't know where they were at.

GERAGOS: Okay. It's a pretty good guess that most of the stuff you saw in that storage unit that day were from the warehouse; isn't that correct?

HOUSE: There were items from the warehouse in the storage unit, yes.

GERAGOS: What else, do you have the other items that were in this item that's marked as 152, right here, do you have the other paperwork?

HOUSE: No.

GERAGOS: Okay. And when you went through it, this other paperwork, can you tell me from looking at whether or not those were other items that had a bearing or were connected to the office at 1, at 1027 Emerald?

HOUSE: I cannot tell that you.

GERAGOS: Did anybody ever ask you to do that, say, one of the D.A.'s say, hey, take a look through those items and see whether or not those are all items from Emerald that he had stored inside of there in order to take to the storage unit?

HOUSE: No.

GERAGOS: Okay. Now, these other pictures that we shown you about the, let's see. This first one, this bag, and it's marked 151A: Where did you first see that?

HOUSE: In the Land Rover.

GERAGOS: Okay. When you saw it in the Land Rover, did you seize it?

HOUSE: No.

GERAGOS: Is that because it had no evidentiary value?

HOUSE: That's correct.

GERAGOS: Okay. And then you found it later in a bag, in a grocery bag?

HOUSE: Yes.

GERAGOS: Okay. And when you saw it in the Land Rover, this is the grocery bag that's marked 142; is that right?

HOUSE: Yes.

GERAGOS: This is where you saw it. Where did you see it the second time, this, I mean the second time you saw this weaved bag inside of this grocery bag, where was that?

HOUSE: It was in the northwest corner of the master bedroom behind a cloth hamper.

GERAGOS: Okay. Now, the bag itself, the contents of the bag, were a book, is that right?

HOUSE: Yes.

GERAGOS: Sort of like a novel or something?

HOUSE: Yes.

GERAGOS: And a white pullover; is that right?

HOUSE: I think it's a button-up shirt.

GERAGOS: Button-up shirt. So it's got, it has buttons on it?

HOUSE: I believe so.

GERAGOS: Kind of like the things you might take if you're going to go to the beach or go to the lake and read a book and wear a cover=up of some kind?

HOUSE: Yes.

GERAGOS: Okay. Now, both of those items were in the Land Rover on the 26th or 27th when that was search warrant was executed?

HOUSE: Yes.

GERAGOS: And when I say both of those items, the book, the shirt, were inside of the purse or the bag which had no evidentiary value, correct?

HOUSE: Correct.

GERAGOS: Then sometime in February we go and we get, we see this bag here, which is on 142, right?

HOUSE: Yes.

GERAGOS: Okay. Now, this time we've got the bag and, by the way, was the book and the shirt, the button-up, were those still inside of the blue weaved bag?

HOUSE: Yes, they were.

GERAGOS: Okay. So they hadn't been taken out or they looked just the same, right?

HOUSE: Appeared to be the same.

GERAGOS: Appeared to be the same way that you saw it when it was inside of the Land Rover on the 26th and 27th?

HOUSE: Yes.

GERAGOS: Now, instead, it's in this bag, along with some other items of clothing, correct?

HOUSE: Correct.

GERAGOS: The items of clothing are some socks, right?

HOUSE: Correct.

GERAGOS: Two shirts and a pair of panties?

HOUSE: Yes.

GERAGOS: Okay. And this item right here, what was this that I'm pointing to?

HOUSE: Those were pajamas, I believe.

GERAGOS: They look like men's pajamas?

HOUSE: Yes.

GERAGOS: Do they look like the same men's pajamas, anybody ever show you a picture of Laci sitting on a couch?

HOUSE: Yes.

GERAGOS: Yes. You've seen that one. Do you know which one I'm referring to?

HOUSE: Yes.

GERAGOS: And wearing a blue pair of pajamas?

HOUSE: Yes.

GERAGOS: Did it look to you like the same pair of pajamas?

HOUSE: It looked to me like they could be.

GERAGOS: Did it also look to you, did you ever see a video of the search that was done on the 26th at the house?

HOUSE: Probably.

JUDGE: 17, I think. 17 is the one you're looking for.

GERAGOS: If I could, I'll have Mr. Harris look for it. Also, Mr. Harris, you can also get the search photos.

GERAGOS: Did you see the video of the search that includes the hamper on the 26th or on the 27th, the exit video I think that was referred to yesterday by Detective Hendee?

HOUSE: I think that I have.

GERAGOS: Okay. Can you see in there that it appears that the pajamas are in the hamper on the 27th?

HOUSE: I don't know that.

GERAGOS: Okay. Did you go into the master bedroom on the 27th or on the 26th, were you in that master bedroom?

HOUSE: On the 27th I was in there briefly.

GERAGOS: Okay. Did you see anybody itemize or did you itemize the items that were in the hamper?

HOUSE: No.

GERAGOS: Okay. Did you ever yourself go over and document or see what it was that was on top that you could visually see from the hamper?

HOUSE: No.

GERAGOS: Did you ever take any of the items out or count them or do anything along those lines?

HOUSE: No.

GERAGOS: Now the photos that we were talking about is People's 17, that's this photo right here, that's the picture that you were referring to?

HOUSE: Yes.

 GERAGOS: Okay. These are the blue pajama bottoms, is that correct?

HOUSE: It appears that they could be the same pajama bottoms.

GERAGOS: Could be. And then specifically did you see any of these items in the hamper on the 27th, these socks, panties, this shirt?

HOUSE: I did not document the condition of the room on the 27th.

GERAGOS: Now, when you first went to, when you first became involved in this search or in this case on what date?

HOUSE: The 26th.

GERAGOS: And what was your role at the scene?

HOUSE: I was initially sent there to relieve Detective Grogan and Detective Brocchini and maintain security on the residence until the remainder of the search warrant team could arrive.

GERAGOS: And what time was that?

HOUSE: The time that I was sent there?

GERAGOS: Yes.

HOUSE: Approximately 6:00 in the evening.

GERAGOS: Approximately 6:00 in the evening?

HOUSE: Yes.

GERAGOS: Okay. And when you arrived there did, had the search already started?

HOUSE: No.

GERAGOS: When you arrived there were you given a specific area that you were supposed to focus on?

HOUSE: No.

GERAGOS: What did you do when you arrived?

HOUSE: I just maintained security of the residence, made sure that no one entered and waited for the arrival of the rest of the search warrant team.

GERAGOS: Okay. Now, the items or the when the other people arrived, did you then do something?

HOUSE: Yes, I did.

GERAGOS: What did you do?

HOUSE: I processed the two vehicles in the driveway.

GERAGOS: Okay. The first vehicle that you processed was which one?

HOUSE: The Land Rover.

GERAGOS: Okay. You went through, you already testified that you saw some suspicious things, correct?

HOUSE: Correct.

GERAGOS: And those suspicious things were on various locations. Did you ever do a schematic of the Land Rover itself?

HOUSE: No.

GERAGOS: Did you ever do any kind of a drawing as to where you took the items that you took?

HOUSE: No.

GERAGOS: Did you specifically find something that you thought in the headliner was suspicious?

HOUSE: Yes.

GERAGOS: And did you end up cutting the headliner, cutting that piece out?

HOUSE: Yes, I did.

GERAGOS: Okay. Now when you cut it out, how did you do that?

HOUSE: With an Exacto knife.

GERAGOS: And was that, is the headliner itself the top of the interior of the car?

HOUSE: Yes.

GERAGOS: Okay. And I assume that the Land Rover had some kind upholstered top, is that, for lack of a better term, I mean it was a soft cloth-like substance?

HOUSE: Yes, it was.

GERAGOS: And you took out an Exacto knife while sitting in, what, the driver's seat or the passenger's seat?

HOUSE: One of the other, I don't know.

GERAGOS: Okay. Do you remember, let me phrase it differently. Where was this, what portion of the headliner?

HOUSE: It was between the two sunroofs in the vehicle.

GERAGOS: Between the two sunroofs. So there's a sunroof that's over the driver's bench seats or the bucket seats?

HOUSE: No, there's a front and a rear.

GERAGOS: And between these two you cut out a piece, you took out an Exacto knife, right?

HOUSE: Yes.

GERAGOS: And then you cut a piece of the fabric out in a square or circle, how did you do it?

HOUSE: I cut the entire headliner out that was affected by the stain.

GERAGOS: How large a piece, can you show the jury how big a piece of the headliner you cut out with an Exacto knife?

HOUSE: Three feet by two or three feet.

GERAGOS: Okay. Now, when you cut that out did you then roll it up or put it into, somehow maintain the integrity of it so that it could be tested?

HOUSE: It was wrapped in paper, yes.

GERAGOS: Okay. And when it was wrapped in paper who did you give it to?

HOUSE: It was booked in evidence.

GERAGOS: And then sent to the Department of Justice?

HOUSE: That's my understanding, yes.

GERAGOS: Okay. And your understanding is that that suspicious stain remained suspicious because it certainly was not blood?

HOUSE: It's my understanding it tested negative. I have not actually seen the results.

GERAGOS: You haven't seen the report?

HOUSE: No.

GERAGOS: Okay. And as far as you know it was negative, nothing came up; is that correct?

HOUSE: That's my understanding.

GERAGOS: Now, was there some other area inside of that Land Rover that was also suspicious?

HOUSE: There was the same type of stain on the, I believe it was the rear passenger door and on the center console near the four-wheel driver lever.

GERAGOS: Okay. Which one did you deal with first?

HOUSE: I don't recall.

GERAGOS: Okay. Did you do something with the one in the center console? You say by the center console there's a spot where you reached for the gearshift area; is that correct?

HOUSE: Yes.

GERAGOS: And there's also a separate knob for the four-wheel drive?

HOUSE: Yes.

GERAGOS: And there was a suspicious stain by the four-wheel drive knob?

HOUSE: Yes.

GERAGOS: Okay. And was that, was that area leather, was it vinyl, was it carpet, what was it?

HOUSE: That was vinyl, I believe.

GERAGOS: Okay. How did you, how did you get a sample of that?

HOUSE: I took a sample with a cotton swab.

GERAGOS: Take out a Q-tip-type device and you put distilled water on it?

HOUSE: Yes.

GERAGOS: And you wiped the stain; is that correct?

HOUSE: That's correct.

GERAGOS: And then you put that into some kind of a container?

HOUSE: Correct.

GERAGOS: Sent it over to the Department of Justice and it came back negative as well?

HOUSE: That's my understanding.

GERAGOS: Okay. Then there was another suspicious stain, where was that?

HOUSE: That was on the rear passenger door.

GERAGOS: Okay. Now was that on the outside or the inside of the door?

HOUSE: Inside.

GERAGOS: And on the inside of the door, was that also a vinyl-type surface?

HOUSE: Yes.

GERAGOS: And did you use the Exacto knife or the Q-tip? And when you used the Q-tip, you went through the same process, distilled water, a couple of drops, wipe it, put it into some kind of container?

HOUSE: That's correct.

GERAGOS: And sent that off to the Department of Justice, came back?

HOUSE: Negative.

GERAGOS: Any other suspicious stains?

HOUSE: No.

GERAGOS: Any another things that were taken out of that car or that Land Rover?

HOUSE: A disposable camera and a Phillips electrical receipt.

GERAGOS: The Phillips Electric receipt?

HOUSE: It was in the back of the cargo area.

GERAGOS: Okay. Now where in the back cargo area, there's a front seat that's got a driver and a passenger street; is that right?

HOUSE: Yes.

GERAGOS: And there's an, in addition to that, a back seat?

HOUSE: Yes.

GERAGOS: Bench-type seat?

HOUSE: Yes.

GERAGOS: Are you referring to the cargo area, that would be behind the rear bench seat?

HOUSE: Yes.

GERAGOS: And was this receipt just lying there, this Phillips receipt?

HOUSE: It was a bag with a lampshade.

GERAGOS: Okay. And was that lampshade connected to Phillips?

HOUSE: Actually, it wasn't a lampshade it was a lampshade, the mounting device for a lampshade. I don't know what it's called.

GERAGOS: Okay. Did you do some investigation to see if that Phillips Electric receipt in the bag in the rear cargo area is connected to the lampshade mounting device?

HOUSE: I don't know if it was or not. I assume that it was.

GERAGOS: Do you have that receipt with you?

HOUSE: No.

GERAGOS: Do you know what date that receipt appeared to be for?

HOUSE: December 23rd.

GERAGOS: December 23rd. So it appeared that even though she, we've chronicled all the other areas here in the trial where she was on December 23rd, she also apparently went to Phillips Electric?

HOUSE: Apparently.

GERAGOS: Do you know what time that was?

HOUSE: I may be able to find that out if I can refer to my report.

GERAGOS: Sure. I've got 2274 where you first reference it on the Bates lower right. I show it as an evidence item 400, does that help?

HOUSE: It doesn't help me.

GERAGOS: Did you chronicle it somewhere as to what the time of the receipt was?

HOUSE: Well, we took a photograph of it, but I don't see the time on the photograph.

GERAGOS: Do you have that photograph there?

HOUSE: Yes, I do.

GERAGOS: Do you know if anybody ever went to Phillips to check out when this transaction took place?

HOUSE: I don't know.

GERAGOS: Okay. If I can just mark this as next in order.

GERAGOS:

GERAGOS: Now that Phillips Electrical receipt for the 23rd

JUDGE: Quadruple X.

GERAGOS: Was one item that you took, correct?

HOUSE: Yes.

GERAGOS: Okay. And I think that we got, you said that there was a slight stain that was, consisted of small drops that formed a short trail; is that correct?

HOUSE: Correct.

GERAGOS: And that was found on the rear passenger side interior door panel, is that the one we just referred to?

HOUSE: Yes.

GERAGOS: Okay. And you said that that trail ran vertically between the door handle and the lock control, like this as I'm demonstrating?

HOUSE: Correct.

GERAGOS: Okay. And the stain was reddish-brown and you thought it could be blood, correct?

HOUSE: Correct.

GERAGOS: So you had somebody photograph it, Community Service Officer Holmes?

HOUSE: Yes.

GERAGOS: And then you obtained a water standard sample, which means a controlled sample somewhere else, correct?

HOUSE: Correct.

GERAGOS: And then you did that one and that was the one that was tested and came back negative, correct?

HOUSE: Correct.

GERAGOS: The headliner that was removed, did you do something in terms of marking the headliner before you removed it with a pen?

HOUSE: I marked "front" on the headliner so it could be repositioned as it came out of the vehicle.

GERAGOS: Okay. So if we would take a look at that headliner it would have your handwriting on it?

HOUSE: Yes.

GERAGOS: If it says "front"?

HOUSE: No, I think it's an arrow probably.

GERAGOS: An arrow meaning towards the front?

HOUSE: Towards the front.

GERAGOS: Towards the front. Okay. And then the disposable 35 millimeter camera that you found, that was in the center console, correct?

HOUSE: Correct.

GERAGOS: And it was collected also and given an evidence item number, right?

HOUSE: Correct.

GERAGOS: And was there any other, were there any other investigation that you did in connection with the camera itself?

HOUSE: No.

GERAGOS: Did you develop the film?

HOUSE: No.

GERAGOS: Did you find several other spot stains, what you called spot stains in the rear cargo area?

HOUSE: On the cargo cover there was a stain.

GERAGOS: Okay. Now when you called it the cargo cover, are you referring to the, that kind of item that you can pull out and cover that rear area?

HOUSE: Yes.

GERAGOS: Does it kind of come back and forth and retract and then goes back?

HOUSE: Yes.

GERAGOS: And there were four stains there that were collected, correct?

HOUSE: Correct.

GERAGOS: You put those, also, I guess collected those, sent them up to DOJ; is that correct?

HOUSE: I believe those also went to DOJ, yes.

GERAGOS: And they also came back negative?

HOUSE: That's my understanding, yes.

GERAGOS: Then after you did, all of that was done where, all of this process that we just described, cutting up the headliner, testing all these things, packaging them, getting the Phillips receipt?

HOUSE: Ceres Police Department.

GERAGOS: Okay. And what day was that done on?

HOUSE: December 31st.

GERAGOS: Okay. Then at some point did you then go back on January 2nd and meet with Detective Skultety and this Community Service Officer Holmes January 2nd at about 1:30 or not?

HOUSE: Meet where?

GERAGOS: At the MPD mechanic shop. MPD, Modesto Police Department mechanic shop, did you go back there? Let me show you, 2275, read the fourth paragraph down. See if that refreshes your recollection. Read it to yourself.

HOUSE: Oh, yes.

GERAGOS: Does that refresh your recollection?

HOUSE: Yes.

GERAGOS: Okay. You went on the 2nd back to the shop and you met with Skultety and Holmes, correct?

HOUSE: Correct.

GERAGOS: When you went over there, another detective, Ron Reid had the Land Rover towed from Ceres back to Modesto?

HOUSE: Correct.

GERAGOS: Okay. And when that happened, you also collected some scrapings from all the wheel wells, right?

HOUSE: That's correct.

GERAGOS: And when you, you then booked those scrapings into evidence?

HOUSE: Yes.

GERAGOS: Sent them up to the DOJ?

HOUSE: I can't say what happened with those.

GERAGOS: Okay. And this might be a good place to stop, judge, because I was going to move into a different area.

<evening recess>

 

July 21, 2004

GERAGOS: Detective, good morning.

HOUSE: Good morning.

GERAGOS: The, yesterday we, I guess on direct Mr. Harris was asking you about going to a Mail Boxes location?

HOUSE: Yes.

GERAGOS: Mail Boxes Etc.

HOUSE: Yes.

GERAGOS: Marked an exhibit, I think it was People's Exhibit 149; is that correct?

HOUSE: I take your word for it.

GERAGOS: Okay. Can you tell me,

JUDGE: Yes, it is 149.

GERAGOS: who was the application for?

HOUSE: TradeCorp.

GERAGOS: Who is TradeCorp?

HOUSE: That's the company that Scott Peterson works for, I believe.

GERAGOS: Okay. Did it appear to you, at least when you went there, that the mailbox was taken in the name of TradeCorp?

HOUSE: The name of TradeCorp and Scott Peterson.

GERAGOS: Right. Scott Peterson is the representative, of the applicant. The name of the, name in which applicant's mail will be received was TradeCorp, correct?

HOUSE: Correct.

GERAGOS: Then the name in which applicant's mail would be received is Scott Peterson, correct?

HOUSE: Correct.

GERAGOS: Okay. And the, there was a service agreement; is that correct?

HOUSE: Yes.

GERAGOS: Okay. And the service agreement was for Scott Peterson, customer name, and then company was TradeCorp?

HOUSE: Yes.

GERAGOS: And then they were, he was assigned or TradeCorp was assigned a mailbox number?

HOUSE: Correct.

GERAGOS: Were you aware that, or did you do any investigation with TradeCorp? Specifically go out and talk to anybody at TradeCorp?

HOUSE: No, I did not.

GERAGOS: Did, did anybody or are you aware of anybody else going out and doing any investigation with TradeCorp to see if they made a request that he get a box?

HOUSE: I don't know that.

GERAGOS: Are you aware of any police reports or any investigation done as to whether there was a problem at the Emerald Avenue address?

HOUSE: No, I do not know.

GERAGOS: Did you ever talk to Detective Grogan about whether he was aware that there were thefts out of the mailbox on the Emerald Avenue address?

HOUSE: No, I did not.

GERAGOS: Were you aware that there was a theft of TradeCorp checks out of that Emerald Avenue mailbox and that's why there was a mailbox that was rented,

HARRIS: Objection.

GERAGOS: in TradeCorp's name? Were you aware of that?

HARRIS: Assumes facts not in evidence.

JUDGE: Sustained.

GERAGOS: The, as far as you know, did anybody do any investigation into why there was a mailbox taken out on December 23rd?

HOUSE: No. I do not know.

GERAGOS: Okay. And I assume that the reason that you were, that this was marked, this Amber Frey letter, to Scott Peterson was to suggest that this,

HARRIS: Objection.

GERAGOS: mailbox was,

HARRIS: Argumentative.

GERAGOS: I didn't finish it. You think it's heading in that direction?

JUDGE: Yes. Sustained.

GERAGOS: Okay.

GERAGOS: The, the, is there some reason to believe that, if you're going to be responsible for the disappearance of your wife on December 23rd, that you rent a mailbox for your girlfriend?

HARRIS: Objection. Argumentative.

JUDGE: Sustained. Sustained. Argumentative.

GERAGOS: Okay. Your wife, if you know your wife's going to disappear, why would you need to rent a mailbox?

HARRIS: Objection. Argumentative.

JUDGE: Sustained.

GERAGOS: All right. The mailbox place is located on H Street?

HOUSE: That's correct.

GERAGOS: And where is H Street in Modesto and, from the Emerald Avenue location?

HOUSE: The Emerald Avenue location is in west Modesto. H Street is downtown Modesto.

GERAGOS: Okay. And where is the Covena address?

HOUSE: That's in east, southeast Modesto.

GERAGOS: Okay. Is, how far would you say the Covena address is from the Mail Boxes Etc.? A mile?

HOUSE: Two miles, maybe.

GERAGOS: Two miles?

HOUSE: Maybe two miles.

GERAGOS: Okay. Were you aware or have any information that as of December 23rd the TradeCorp also was planning on moving the warehouse?

HOUSE: No.

GERAGOS: Is it fair to say that your only involvement in regards to this was to just go to Mail Boxes Etc. and get the application?

HOUSE: And follow-up on additional mail received at that location.

GERAGOS: Okay. Did you receive additional mail?

HOUSE: There was additional mail delivered to the mailbox, yes.

GERAGOS: Okay. How many pieces of additional mail were delivered to the mailbox, that you were, that you were notified about?

HOUSE: Several.

GERAGOS: Okay. Do you have those with you?

HOUSE: No, I do not.

GERAGOS: The DA ask you to bring those?

HOUSE: No.

GERAGOS: They just said bring the one piece of Amber Frey mail? Or the copy of the one piece of the Amber Frey mail?

HOUSE: Yes.

GERAGOS: Okay. Were the other pieces of mail addressed to TradeCorp?

HOUSE: Some.

GERAGOS: Okay. How many pieces, do you know?

HOUSE: I don't know.

GERAGOS: Were you, where is that mail, by the way?

HOUSE: It's in evidence.

GERAGOS: Okay. So where is "evidence"?

HOUSE: Well, for this case, I believe it's here.

GERAGOS: And that's the DA's office has control over the evidence, correct?

HOUSE: Correct.

HARRIS: Objection. Relevancy. Speculation.

JUDGE: Overruled. Go ahead.

GERAGOS: The, you were only asked to bring the one piece of mail, which was the Amber Frey copy of the outside letter, correct?

HOUSE: Yes.

GERAGOS: All right. You weren't asked to bring any of the TradeCorp mail that was received at that box?

HOUSE: No.

GERAGOS: Okay. Now, the, were you, so I understand correctly, did that, you did the mailbox, you did the search of the Woodland storage, correct?

HOUSE: Correct.

GERAGOS: Okay. And did you go back to the, or were you at the house on 2/18?

HOUSE: Yes, I was.

GERAGOS: Okay. Now, when you were at the house on 2/18, February 18, what location in the house were you in?

HOUSE: My assignment was to the master bedroom.

GERAGOS: Okay. And we established yesterday that the master bedroom, did you, were you with somebody in that master bedroom?

HOUSE: Yes.

GERAGOS: Who was that?

HOUSE: Detective Dodge Hendee.

GERAGOS: Okay. And as you and Dodge Hendee went through that, that room, what did you seize?

HOUSE: Everything that's listed in Detective Hendee's report. He recorded the items that were seized.

GERAGOS: Do you have that report with you?

HOUSE: I believe so.

GERAGOS: Okay. Could you refer to it and tell me the Bates numbered stamp page.

HOUSE: 2241.

GERAGOS: Okay. 2241?

HOUSE: Yes.

GERAGOS: Okay. And on, when you went there with Dodge Hendee, who was your, the person who was in charge, scene manager?

HOUSE: Detective Rudy Skultety.

GERAGOS: Okay. Now, you did a close examination of the walls, the doors, the ceiling, the floors, closets and bed, correct?

HOUSE: Yes.

GERAGOS: Okay. And all of the clothes that were in the dresser drawers, the armoire, and the bedroom closet?

HOUSE: That's correct.

GERAGOS: This take approximately, what time did you arrive there? It was a Tuesday; is that right?

HOUSE: Yes.

GERAGOS: And what time did you arrive there?

HOUSE: It was about 8:45 in the morning, I think, when I got there.

GERAGOS: Okay. And then you recorded various items that were taken; is that correct? You did some kind of, either you or Hendee wrote down what you took?

HOUSE: Detective Hendee did.

GERAGOS: Okay. And the way that you would identify the things, or the evidence items, would, because the date was February 18th, you would put a two one eight in front of the evidence item and then a dash and the number?

HOUSE: Correct.

GERAGOS: Okay. When you were there, on top of the dresser you collected some TradeCorp documents; is that correct?

HOUSE: I believe so.

GERAGOS: And there was also some credit cards that were collected?

HOUSE: I believe so.

GERAGOS: Okay. And, in addition to that, the clothing that we talked about yesterday; is that correct?

HOUSE: Yes.

GERAGOS: In addition to that, did you collect some, a series of clothes or a, clothing items?

HOUSE: There was some clothing collected, yes.

GERAGOS: Okay. Then at some point, and I'm looking at 2241 A, the left-side middle dresser drawer. Can you tell me what you collected from there? The first item which was,

HOUSE: A black pair of shorts.

GERAGOS: Okay. Was this black, black cut-off sweat shorts?

HOUSE: Yes.

GERAGOS: And was there a quantity of short three-quarter inch white or grayish-colored cat hairs on them?

HOUSE: Yes, there was.

GERAGOS: Okay. And did you take a sampling of those hairs?

HOUSE: I did not, no.

GERAGOS: Okay. Did somebody?

HOUSE: I don't know.

GERAGOS: Okay. Take a look at the middle of the paragraph on 2241, Dodge Hendee's report, and read the fourth line down under left-side middle dresser drawer, and see if that refreshes your recollection.

HOUSE: Detective Hendee must have.

GERAGOS: Okay. Is there also a pair of black women's stretch pants?

HOUSE: Yes.

GERAGOS: Okay. Now, the, did you also collect, from a clothes hamper, a white towel?

HOUSE: Yes.

GERAGOS: Did that appear to have three small brown-ish colored stains on it that you thought or Hendee thought could possibly be blood?

HOUSE: Yes.

GERAGOS: Did you test that?

HOUSE: I did not, no.

GERAGOS: Came back negative, or somebody did and it came back negative, didn't it?

HOUSE: I don't know.

GERAGOS: Okay. And somebody went out, was it with you, and Hendee, and checked in the kitchen and documented everything that was under the sink?

HOUSE: Detective Hendee did that.

GERAGOS: And did they also record all of the alcohol bottles in the house?

HARRIS: Objection. Relevance and foundation. This witness didn't do it.

GERAGOS: I'm asking if you were there when it was done?

JUDGE: Okay. That's different. Were you there when they checked,

HOUSE: I was in the house. I was not in the kitchen.

GERAGOS: Okay. The area where the alcohol bottles were, somebody went through and recorded all alcohol bottles and checked them; is that correct?

HARRIS: Objection. Foundation.

JUDGE: If he knows. Were you there when this was done? Or do you know whether or not it was done?

HOUSE: I believe I saw Detective Hendee do that. Doing that. I didn't stand and watch him do it.

GERAGOS: Okay. I have no further questions.

 

Redirect Examination by David Harris

HARRIS: Detective, let me go back to the Mail Boxes Etc., show you that document again. That would be People's number 149. Turning to the second page of this. Now, looking at the second page of that Mail Boxes Etc. application, did that also bear the defendant's name?

HOUSE: Yes, it does.

HARRIS: And what does it bear as the address there?

HOUSE: 523 Covena Avenue.

HARRIS: Is the 523 address, was that a TradeCorp address?

HOUSE: I don't believe so.

HARRIS: And that wasn't the address of the shop, was it?

HOUSE: No, it was not.

HARRIS: Now, you were asked about all this other mail that was there. What was the, when you were contacted to go back and look at mail, what was the first item that was in that box?

HOUSE: The item from Amber Frey.

HARRIS: So the very first item that arrived would be this, whatever it was, a letter or card, the envelope from Miss Frey to the defendant?

HOUSE: Yes.

HARRIS: Does that indicate anything on that letter, or the envelope, TradeCorp?

HOUSE: No.

HARRIS: Now, I want to go back. You were asked questions about the vehicles, when they were towed and when it came back from Ceres. I believe that was a Land Rover?

HOUSE: Yes.

HARRIS: When these vehicles are towed, so there's no ambiguity about that, how were they towed?

HOUSE: They were towed on a flatbed tow truck.

HARRIS: So they're not put behind a wrecker and kind of rolled along the road?

HOUSE: No.

HARRIS: You were also asked by counsel about the headliner and how you took it out with an Exacto knife. What you did to get what you thought, or the stains that you saw that you suspected at that point in time, did any of that, any of the samples that you took affect the drivability of that vehicle?

HOUSE: No.

HARRIS: The People have no other questions.

 

Recross Examination by Mark Geragos

GERAGOS: What was the credit card that was used to open that Mail Boxes?

HOUSE: It's a Visa.

GERAGOS: It's a Visa. The credit card number?

HOUSE: I cannot read it in this copy.

GERAGOS: I think on the second page. I, what you're referring to as the copy is the last page of the document; is that correct?

HOUSE: Yes.

GERAGOS: Somebody copied, actually copied the credit card on a copy machine, correct?

HOUSE: Correct.

GERAGOS: I think on the second page there is a Visa card number on the application. Can you read that for the record?

HOUSE: Yes. 4217-6589-3249-8575.

GERAGOS: 85?

HOUSE: 75.

GERAGOS: And on the first page of that document, I don't have it in front of me, it lists TradeCorp?

HOUSE: Yes.

GERAGOS: And what address, from the very first page?

HOUSE: 1027 North Emerald, B 1, Modesto.

GERAGOS: And you know 1027 North Emerald, B 1, to be what?

HOUSE: The warehouse.

GERAGOS: That's on the very first page of the application, right?

HOUSE: Yes.

GERAGOS: And that's the warehouse that houses TradeCorp?

HOUSE: Yes.

GERAGOS: Thank you. No further questions.

JUDGE: May this witness be excused?

HARRIS: No objection.

GERAGOS: No objection.

JUDGE: Detective House, thank you very much.