3Amber Phone Calls: Evidentiary Value
3Amber Frey: Illusions & Fantasy
4Phone Calls Transcripts & Recordings
Timeline
February 10, 1975 Amber Frey is born to
Ron and Brenda Frey in Los Angeles County.
1989-1992 Amber Frey spends her freshman and sophomore years at
Sierra High School in eastern Fresno County, and her junior year at Fresno's
Hoover High School.
1993 Amber graduates from Clovis High School.
1997 After studying child development Amber graduates from Fresno
City College, and works at The Learning Tree, a child care center.
1998 Amber Frey meets married Josh Hart at George Brown's Fitness and
the two live together for four months, during which time Hart's wife,
Michelle, is pregnant with the couple's son. Amber gives a baby shower and
visits the baby at the hospital. Josh Hart and Michelle Hart
reconcile.
October 1998 Amber Frey accuses Josh Hart of grabbing her face. She
waits 4 days after the incident before filing charges.
March 1999 Josh Hart claims Amber Frey is making false charges
against him in retaliation for his leaving her to return to Michelle Hart.
Amber Frey files a formal misdemeanor complaint against him.
1999 According to Amber Frey's friend Dean Hoffinger, he dates her
for 3 months, a claim which she disputes.
October 1999 Amber Frey meets with Danny Ayers of Emerald Photography
and agrees to do a test shoot.
November 11, 1999 The test shoot takes place.
2000 Amber Frey completes 540 hours of training at Golden State
College on her way to becoming a massage therapist. She rents space at
American Bodyworks. She enters into another relationship and becomes
pregnant with her first child.
February 20, 2001 Ayiana Frey is born.
September 2001 Anthony Flores is ordered by a court to pay $567 per
month in child support payments to Amber Frey.
2002
October 24 Amber’s friend Shawn Sibley meets Scott Peterson at a
convention in Anaheim. She suggests that Scott call her friend Amber who is
interested in a serious relationship.
November 1 Shawn e-mails Scott to ask why he hasn’t called Amber yet.
November 14 Shawn sends an e-mail to Scott and mentions Ayiana,
Ambers daughter, hoping she’ll be babysitting for her the next week.
November 19 Scott Peterson and Amber Frey speak by phone.
November 20 Scott Peterson meets Amber Frey for the first time at the
Elephant Bar Restaurant in Fresno. They stay at the restaurant until it is
closing, then walk next door to BB's Lounge. They return to Scott Peterson's
hotel room and spend the night together.
November 27 Amber speaks to Richard Byrd for 29 minutes.
December 2 Scott unexpectedly shows up at Amber’s home. They pick up
Ayiana Frey from daycare, pack a picnic lunch and go to Squaw Leap
Management Area. He spends the night with her at her house.
December 3 Amber asks Scott Peterson to pick up Ayiana Frey from
daycare, giving him a key to her home.
December 6 Shawn Sibley finds out that Scott is married and tells him
he must tell Amber or she will.
December 8 Amber speaks to Richard Byrd for a total of 1 hour 12
minutes in the evening.
December 9 Scott tells Amber that he has been married.
December 11 Scott and Amber go out and he is fitted for a tuxedo he
plans to wear to an upcoming holiday formal. They then attend a birthday
party for Shawn Sibley's fiancé, Tom, at the Copper River Country Club.
December 13 Scott and Amber rent the tuxedo for him at the Fashion
Fair Shopping Center.
December 14 Scott and Amber attend a Christmas party at the World
Sports Café.
December 15 Scott and Amber pose for informal photographs at a
friend's apartment, then return to Amber’s home. Peterson leaves Amber
Frey's home at 12:15 p.m.—the last time the two will see each other in
person until his trial in 2004.
December 16 Amber records a voice mail message left by Scott
December 19 Amber runs into the estranged wife of Dave Giardanelli—a
woman that, according to Giardanelli, had died of a heart condition.
December 21 Amber calls Richard Byrd and speaks to him for 57
minutes.
December 24 The day that Laci Peterson disappears. Amber sleeps late.
At about 2:30 p.m., Amber is visited by neighbors. She then goes to visit
her mother. Amber goes to a holiday dinner at a friend's home. Richard Byrd
is also a guest.
December 25 Amber talks to Richard Byrd for 24 minutes at 8:36 a.m.
December 25 Doug Sibley leaves a voice message for Scott telling him
that he should call Amber.
December 26 Amber calls Scott 14 times.
December 27 Amber visits a friend at his work site, the day before
she presumably has plans to leave with him on a vacation to Hawaii.
December 28 Amber does not leave for Hawaii. She and a friend
(Denise) do an Internet search trying to find information about Scott.
December 28 Amber talks to Richard Byrd for 18 minutes.
December 29 According to Amber she sees Ava Frey and her boyfriend.
According to Shawn Sibley's trial testimony, she and Amber attend a birthday
party. According to Amber, the party she attends is at Doug Sibley's home,
and is also attended by Richard Byrd.
December 30 Richard Byrd calls Amber Frey at 1:40 a.m. to tell her
that her boyfriend Scott Peterson is married and a person of interest in the
disappearance of Laci Peterson. Amber Frey calls the Modesto Police
Department at 1:43 a.m. to report her relationship with Scott Peterson. She
speaks to them for 22 minutes. When Amber calls the tipline at 8:41
a.m., Detective Brocchini is standing right behind the operator and takes
the phone.
December 30 9:00 a.m. Taped phone conversation between Detective
Craig Grogan and Scott.
December 30 11:00 a.m. (approx.) Detectives Brocchini and Buehler
arrive at Amber’s house to interview Amber and Shawn Sibley. Richard Byrd,
who has been there, leaves before they arrive. Brocchini and Buehler
accompany Amber Frey and Shawn Sibley to Radio Shack where they purchase
recording equipment for Amber to tape conversations she has with Scott
Peterson. Amber records two conversations with Scott while they are in Radio
Shack.
December 31 Amber and Scott talk at 4:12 p.m. before the Candlelight
Vigil for Laci scheduled to begin at 4:30.
2003
January 1 Scott calls Amber at 12:01 a.m. while she is at Shawn
Sibley's party.
January 2 According to Amber Frey, she works in the morning. Then,
Ava Frey and her two boys arrive in the afternoon to pick up Ayiana and go
to Disneyland along with Ava’s boyfriend. Amber has dinner with a friend at
"Casa de Cronos."
January 3 Grogan shows Scott photo of Amber and Scott. Scott
supposedly denies knowing the person in the photo. Interview was videotaped
with no sound.
January 4 Amber goes to Brenda McGhee's home to pick up Ayiana , who
has been with Ava Frey since January 2, 2003. The two argue over the fact
that Ava Frey did not telephone Amber.
January 5 Amber Frey attends church in Fresno.
January 6-8 On January 6, 7, and 8 Amber is in Modesto and records
her phone conversations with Scott at the Police Department. Amber is
coached by Detectives Buehler and Grogan and Sharon Hagan, a profiler with
the Department of Justice. On January 6, at 11:02 p.m. Scott tells Amber
that Laci Peterson is his wife and has been missing for two weeks.
January 7 Amber Frey mails Scott Peterson a letter to his private
mailbox.
January 8 Scott questions Amber’s involvement in Laci’s
disappearance. He does not object when she says she is going to the police
January 10 Amber Frey calls the volunteer command center.
Investigators begin tapping the phone of Scott Peterson based on a warrant
issued by Judge Wray Ladine. Scott returns cards and photos mailed to him
and given to him by Amber.
January 13 According to Amber, she is ill. David Markovich comes over
to bring her items and check on her and Ayiana.
January 15 Amber Frey meets her mother for lunch. Det. Craig Grogan
and Det. Phil Owen meet Lee Peterson at a coffee shop in San Diego to break
the news to him about Scott Peterson's affair with Amber Frey. The Rochas
are told about Scott’s involvement with Amber.
January 18 Jacobson defends more wiretaps, writing, "We believe these
telephone conversations, if intercepted, will show Scott Peterson‘s further
involvement and, possibly, the involvement of Amber Frey in Laci Peterson‘s
disappearance.”
January 22 Detective Buehler calls Amber and asks if she would come to the MPD to take a polygraph. She agrees to do so the next day.
January 23 Amber goes as planned to the
MPD to take the polygraph, which took about 2 hours. The polygraph
examiner (a woman) wrote: 'I asked the subject if she would suspect
anyone of causing Laci's disappearance she stated she would suspect Laci's
husband Scott Peterson because of the things he told during their
relationship about being married.'
January 24 KGPE television reporter Sontaya Rose arrives with a
camera crew at American Bodyworks to interview Amber Frey. Amber hides in
her work place until the Modesto Police Department arrives to take her to
Modesto in the afternoon. A Modesto Police Department spokesperson states
they brought Amber Frey forward because the media had tracked her down.
After giving her public statement, Amber Frey meets privately with the Rocha
family. Amber Frey spends the night at Lori Ellsworth's home.
January 28 Amber Frey calls Lori Ellsworth for a conversation that
lasts 90 minutes.
January 31 Amber, coordinating her efforts with MPD, tries to
convince Scott to take a polygraph test with her.
February 1 Amber arranges polygraph test for Scott, but she does not
appear. When he sees Brocchini near the site, Scott leaves.
February 4 The wire tap which began January 10 ends.
February 8 Scott asks Amber to meet him
February 10 Amber’s Birthday. Shawn does not attend Amber’s birthday
party and does not invite Amber to her wedding.
February 19 Last documented phone call between Amber and Scott
March (date unknown) Amber and her daughter vacation in Vero Beach,
FL. Buehler drives them to the airport
April 3 and 8 Scott e-mails Amber
April 25 Scott writes a letter to Amber
May 19 Amber Frey arranges for victim rights attorney Gloria Allred
to represent her.
June 12 Judge Girolami issues a gag order barring lawyers, witnesses
and police officers from publicly discussing details about the case. The gag
order does not name attorneys for witnesses, which exempts Gloria Allred,
Amber Frey's attorney.
September 6 Ron Frey informs the Modesto Bee that Amber fears for her
life. She is now being protected by private guards and lives in a gated
community with round-the-clock protection by private security guards
October 20 ModBee article on Amber's $6M lawsuit against David Hans
Schmidt, and his firm by the same name, for posting nude photos of her on
his pay-for-use website without her permission. The pictures were taken in
1999 by Danny Ayers at Emerald Photography in Clovis for a "test shoot.”
2004
January 27 National Enquirer reports that Amber and the father of her
unborn child gave up their separate apartments and moved in together.
April Justin Dean Markovich is born.
August 10, 11, 12, 16, 17, 23, 24 Amber Frey testifies for the
prosecution in the trial of Scott Peterson.
2005
January Amber Frey publishes Witness: For the Prosecution of Scott
Peterson. After the announcement of Scott Peterson's guilty verdict she ends
her media silence and gives many interviews, often accompanied by attorney
Gloria Allred.
January 27 Amber Frey agrees to share custody of toddler son with
David Markovich.
September 19 Anthony Flores appears in a Madera courtroom in an
effort to stop child support payments to Amber Frey, and the judge agrees,
Flores has paid $175 a month for four years. A DNA test determined that
Ayiana's father is Fresno bar owner Christopher B. Funch and not Anthony D.
Flores.
2006
July 5 Amber Frey marries Robert Hernandez near Lake Tahoe, Calif.
Hernandez works in law enforcement.
2007
June 28 Amber Frey opens Clovis Day Spa
The Amber Phone Calls: Evidentiary Value Analysis
Collected on: December 30, 2002 through February 19, 2003
Collected by: Amber Frey, under the management of Detective Jon Buehler
Reason: To obtain a confession or other incriminating statements from Scott Peterson
Media Reports: Various media sensationalized the tape recordings as the evidence necessary to convict Peterson and hailed Amber as the Star Witness. Copies of the tape recordings were leaked to People Magazine
Received by: Det. Jon Buehler
Received on: On a regular basis throughout the period
Case No: CV 02-010941
Results: The tapes were used to portray Scott as an adulterer and liar, and romancing Amber instead of looking for Laci.
Analysis
Those who believe Scott Peterson murdered his wife and unborn son cite as strong evidence of guilt his many hours on the telephone with Amber after Laci’s disappearance, romancing her instead of looking for Laci, as everyone else was. I’ve even seen it posted on our BB that he spent 300+ hours on the phone with Amber. Furthermore, they cite his eagerness to begin the affair and his willingness to lie in order to keep Amber on the string as evidence of motivation for this planned, pre-meditated murder.
The facts, however, do not support this public perception. Instead of spending hours romancing Amber instead of looking for Laci, in the first 12 days after Laci's disappearance, he spent only an average of 28 minutes per day on the phone with Amber, mostly late at night when no searching for Laci was even possible, and he was at home with the home phone open to take calls regarding Laci.
The first contact between Scott and Amber occurred on November 19, with 3 phone calls exchanged to arrange the first date. Rick Distaso, in his Opening Statement, claims that Scott is the one that called Amber:
In this particular case you can see Scott, or the defendant called Amber Frey three times on the 19th to set up their date. (Distaso)
Did Distaso deliberately lie? Because what he told the Jury certainly isn't the truth. According to Jacobson’s chart for November 19, 2002 (People’s Exhibit 207F-1), and Amber’s cell phone records (Defendant’s Exhibit 5O), she is the one who called Scott three times on that day to arrange the meeting date for the next day.
4:24 p.m. Amber called Scott Bus <1m>
4:27 p.m. Amber called Scott Cell 1 <4m>
10:00 p.m. Amber called Scott Cell 1 <2m>
Jacobson, in his testimony, confirms that no other calls between Scott and Amber were identified for the 19th, or any day prior to the 19th.
Mark Geragos: Would you pull those out for November. These three calls on the 19th, do you have those?
Steven Jacobson: Yes, sir, I do.
Mark Geragos: Okay. What are the duration of those three calls?
Steven Jacobson: The first one indicated there at 4:24 p.m. to the business.
Mark Geragos: Right.
Steven Jacobson: Shows one minute.
Mark Geragos: Okay. So we're assuming that's a, leaving a voice mail?
Steven Jacobson: It's certainly, it all depends whether he had an answering machine there at the business or not, but it is a short duration call, so that could be a correct assumption.
Mark Geragos: 4:27?
Steven Jacobson: 4:27 p.m. shows a four minute duration.
Mark Geragos: Okay. So more likely to be either a long message or a conversation?
Rick Distaso: Objection. Calls for speculation.
Judge Delucchi: Overruled.
Steven Jacobson: It could either be a long voice mail message or a short conversation, you're correct.
Mark Geragos: 10:00 p.m.
Steven Jacobson: 10:00 p.m. indicates two minutes.
Mark Geragos: Okay. Now, go to the, and those are the only three that you were able to find, right?
Steven Jacobson: Those are the only three on the records, yes, sir.
So, we have the State's own expert witness stating that Amber is the one who called Scott to arrange for the first date -- and she placed 3 calls on the 19th, one to his office number and two to his cell phone number.
How much time did Scott spend on the phone with Amber?
Jacobson estimated that Scott and Amber shared at least 250 calls. 9 calls were in November 2002 and 48 in December before Laci disappeared. So, we eliminate those from the discussion. In the following analysis, Jacobson's note of who called whom is followed by the detail from Amber's cell phone records (Defense 5O). Scott's Cell 1 number is the -0337 Modesto number, and his Cell 2 is the -8427 Modesto number.
Jacobson has 0 calls on December 24. On December 25, we have these calls:
8:23 a.m. Amber called Scott Cell 1 <5 min>
8:32 a.m. Amber called Scott Cell 2 <1 min>
9:06 a.m. Scott Cell 2 called Amber <10 min>
6:14 p.m. Amber called Scott Cell 1 <1 min>
7:41 p.m. Amber called Scott Cell 1 <1 min, Doug Sibley left voice message>
8:20 p.m. Scott Cell 2 called Amber <6 min>
8:26 p.m. Scott Cell 2 called Amber <23 min>
The total time is 47 minutes, including the voice mail messages and even the voice mail from Doug Sibley. Did these calls prevent him from looking for Laci? No, they did not. Scott was at the house on the morning of the 25th as a steady stream of people came in for flyers and then out to distribute them. He was out by 10:30 a.m. with Brent Rocha putting up flyers. He walked around the corner with Sharon Rocha to see one of her friends. Three and a half hours that afternoon were spent in an interview with Det. Grogan and Agent Mansfield. 47 minutes pales in comparison to the hours he spent on the 25th working with family, friends, and police investigators to find Laci.
One other point about the calls on Dec. 25th needs to be made. Amber makes the 1st 2 calls. Would Scott have called her if she had not first called him? The same can be asked about the calls that evening. If Doug Sibley had not called and left his voice mail, would Scott have called Amber?
December 26th shows more of the same pattern -- but even more excessive, with 5 calls from Amber to Scott, and then a series of 9.
3:04 p.m. Amber called Scott Cell 1 <2 min VM>
5:32 p.m. Amber called Scott Cell 1 <1 min VM>
5:37 p.m. Amber called Scott Cell 1 <1 min VM>
5:48 p.m. Amber called Scott Cell 1 <2 min VM>
5:50 p.m. Amber called Scott Cell 2 <1 min VM>
6:55 p.m. Scott Cell 1 called Amber <1 min>
6:57 p.m. Amber called Scott Cell 1 <2 min VM>
7:18 p.m. Amber called Scott Cell 1 <1 min VM>
7:19 p.m. Amber called Scott Cell 1 <1 min VM>
7:34 p.m. Amber called Scott Cell 1 <1 min VM>
7:34 p.m. Amber called Scott Cell 1 <1 min VM>
7:36 p.m. Amber called Scott Cell 1 <1 min VM>
8:16 p.m. Amber called Scott Cell 1 <1 min VM>
8:20 p.m. Amber called Scott Cell 1 <1 min VM>
8:21 p.m. Amber called Scott Cell 1 <1 min VM>
9:33 p.m. Scott Cell 2 called Amber <17 min>
Because we know from Amber's testimony that these were voicemails, not conversations, we can see that they only spent 17 minutes on the phone on the 26th, and that only after search efforts for the day would have ended. Besides aiding in the search earlier that day, Scott was quite busy that evening being served a search warrant and working with the dog handlers. Clearly, Amber was not uppermost on his mind -- finding Laci was. And when he does spend the 17 minutes on the phone with Amber, he can't be at home to receive incoming calls on the home phone because the police have it cordoned off for the search warant.
We have to ask, would Scott even have called Amber on the 26th if she had not left 14 voice mail messages for him?
December 27 shows the same pattern. Amber first calls Scott multiple times before he calls her, and when he does call her, it's late at night, for only 23 minutes, well after search efforts would have ceased for the day, and from home, where he is available to take calls regarding Laci on the home phone.
8:37 a.m. Amber called Scott Cell 1 <1 min>
8:38 a.m. Amber called Scott Cell 1 <2 min>
8:25 p.m. Amber called Scott Cell 1 <1 min>
8:39 p.m. Amber called Scott Cell 1 <1 min>
9:33 p.m. Scott Cell 2 called Amber <2 min>
9:34 p.m. Scott Cell 2 called Amber
9:35 p.m. Scott Cell 2 called Amber <23 min>
[Note: Amber's cell phone record does not entirely agree with Jacobson's chart regarding the times of the last 3 calls]
December 28, same pattern. Amber calls Scott twice before he calls her, and they spend only 28 minutes talking on the phone.
4:45 p.m. Amber called Scott Cell 1 <1 min>
4:46 p.m. Amber called Scott Cell 1 <1 min>
4:46 p.m. Scott Cell 1 called Amber <15 min>
6:28 p.m. Scott Cell 1 called Amber <8 min>
9:51 p.m. Amber called Scott Cell 2 <5 min>
December 29, same pattern. Amber calls Scott twice before he calls her. And, they only exchange voice mails, or extremely short conversations.
3:09 p.m. Amber called Scott Cell 1 <1 min>
3:10 p.m. Amber called Scott Cell 2 <1 min>
6:20 p.m. Scott Cell 2 called Amber <1 min>
6:20 p.m. Amber called Scott Cell 2 <1 min>
6:23 p.m. Amber called Scott Cell 1 <1 min>
Of course, December 29 is the magic day for Amber, when she becomes aware, very late that night, that Scott is married and his wife is missing. She makes contact with the MPD and discusses Scott's calls with Brocchini and Buehler, who, of course, have only her word for it because they do not yet have the phone records.
So, let's review what we have. Each and every day after Laci disappeared, Amber calls first, multiple times. Only then does Scott call her. On the 26th, we have 14 calls from Amber to Scott, voice mail messages. The total time on the phone is not very impressive, for someone that is "romancing" Amber and allegedly trying to keep the relationship going:
December 25, 44 minutes talk time
December 26, 17 minutes talk time
December 27, 23 minutes talk time
December 28, 28 minutes talk time
December 29, 0 minutes talk time
TOTAL talk time = 115 minutes, an average of 23 minutes per day
During these first 5 days, Scott was not romancing Amber instead of looking for Laci. He was spending very little time on the phone with her, only on average 23 minutes a day, and well after the search efforts would have ended for the day. He probably would not have spent any time at all on the phone with her if she had not called him multiple times first, each and every day.
Amber goes to the police
On the morning of December 30, the landscape significantly changed -- Amber met with Detectives Brocchini and Buehler, who set her up with a recording device to use with her cell phone and instructions to record every phone call between herself and Scott.
During the previous 5 days, they have only talked an average of 23 minutes each day, Amber has called Scott 29 times, and Scott has only called Amber 11 times. Amber has called Scott multiple times each day before Scott called Amber. They had 0 minutes talk time on the 29th.
Of course, Scott doesn't know he's being taped, so he doesn't know to change his behavior in order to avoid suspicion. These are the calls for the 30th.
2:32 p.m. Amber called Scott Cell 2 <2 min>
2:39 p.m. Scott Cell 2 called Amber <1 min>
4:02 p.m. Amber called Scott Cell 1 <6 min>
5:01 p.m. Scott Cell 2 called Amber <2 min> 195B
5:03 p.m. Scott Cell 2 called Amber <1 min> 195C
[Note: Amber's cell phone record does not entirely agree with Jacobson's chart]
A total of 12 minutes, and that includes rounded up talk times and voice messages. 12 minutes. Where is the romancing? Where are the hours of talking to Amber instead of being out looking for Laci?
Again, on December 31, we clearly see that he is not spending hours on the phone romancing Amber. The notorious call during the vigil was only a 1-minute call. That's all. These are not the calling patterns of a man trying to keep a romance going. They are the calling pattern of a man deeply engrossed in looking for his wife and only giving lip service to the girl friend who keeps calling him.
11:35 a.m. Scott Cell 2 called Amber <1 min>
11:42 a.m. Amber called Scott Cell 2 <5 min>
2:59 p.m. Amber called Scott Cell 2 <2 min>
3:05 p.m. Scott Cell 2 called Amber <2 min> 195D
4:18 p.m. Scott Cell 2 called Amber <4 min> 195E
4:20 p.m. Scott Cell 2 called Amber <1 min> 195F
[Note: Amber's cell phone record does not entirely agree with Jacobson's chart]
January 1, we have 2 calls from Scott to Amber:
12:01 a.m. Scott Cell 2 called Amber <69 min> 195G
10:05 p.m. Scott Cell 2 called Amber <18 min> 195H
Let's look first at the 12:01 a.m. call. It's a 69 minute call, the longest by far since Laci's disappearance. But let's put it into some perspective.
The call occurs between midnight and 1 a.m. - not a time when anyone is out looking for Laci. So, Scott is not talking with Amber when he should have been out looking for Laci. Furthermore, Scott is at home, with the home phone and his other cell phone free to receive incoming calls from Laci or any one else about Laci.
This phone call, filled with so much chatter from Amber, may have been some very necessary comic relief. One week to the date and time, Scott was at the MPD involved in a one hour interview with Det. Brocchini, culminating several hours of discussions and search efforts. He has already had his home and place of business searched twice and fully realizes he is the one under scrutiny. No one has come forward to provide any explanation of what happened to his wife and son. Much as he wanted to deny it, thoughts that she might never return have surely been on his mind.
The second call that day likewise was at a time when no one was out looking for Laci, and thus it did not interfere with his efforts to find Laci. He was at home, and the home phone and his other cell phone were free to take calls.
January 2. Amber is again the one to call first on this day, we have a grand total of 34 minutes max talk time, 32 of which are after 10 p.m., when no one was looking for Laci and Scott was at home with his home phone free to take calls regarding Laci. Scott is not romancing Amber instead of looking for Laci.
2:39 p.m. Amber called Scott Cell 2 <2 min>
10:15 p.m. Scott Cell 2 called Amber <28 min> 195I
10:42 p.m. Amber called Scott Cell 2 <4 min> 195J
10:43 p.m. Scott Cell 2 called Amber
10:56 p.m. Scott Cell 2 called Amber <VM> 195K
The 10:43 call cannot be reconciled with Amber's cell phone bill
January 3, no romancing going on here. Just 3 very short phone calls where pretty much all they do is say, Hello, can you hear me? No one was looking for Laci at that time of night, and Scott was home manning the home phone.
11:06 p.m. Scott Cell 2 called Amber <2 min> 195L
11:06 p.m. Amber called Scott Cell 2 <2 min>
11:17 p.m. Amber called Scott Cell 2 <2 min>
January 4, the only call worth mentioning is the 61 minute one, and it began at 10:32 at night, long after search efforts had ceased for the day, and when Scott was at home manning the home phone. I know this is beginning to sound like a broken record, but there just simply isn't any evidence that Scott is romancing Amber instead of being out looking for Laci, or that he is spending hours and hours talking with Amber. And if this is romancing, romance needs to be redefined.
12:09 p.m. Amber called Scott Cell 2 <2 min>
4:53 p.m. Amber called Scott Cell 2 <4 min>
10:30 p.m. Scott Cell 2 called Amber <1 min> 195M
10:31 p.m. Scott Cell 2 called Amber <1 min>
10:32 p.m. Scott Cell 2 called Amber <61 min> 195N
January 5, no romancing going on this day.
9:31 a.m. Scott Cell 2 called Amber <VM>
11:15 a.m. Amber called Scott Cell 2 <2 min VM>
10:56 p.m. Amber called Scott Cell 2 <3 min VM>
Obviously, Scott Peterson was not acting like the typical adulterer who wanted to be with his mistress instead of his wife. He has made no attempt to see Amber and has been spending very little time with her on the phone, mostly in response to her calls, at night when no searching for Laci could be accomplished, and sitting at home manning the home phone.
In fact, over the last 12 days, Scott has been on the telephone with Amber a total of 338 minutes, and that counts all the little 1 minute and 2 minute calls that probably are just voice messages.
December 25, 44 minutes talk time
December 26, 17 minutes talk time
December 27, 23 minutes talk time
December 28, 28 minutes talk time
December 29, 0 minutes talk time
December 30, 12 minutes
December 31, 15 minutes
January 1, 87 minutes
January 2, 34 minutes
January 3, 6 minutes
January 4, 69 minutes
January 5, 5 minutes
Total = 338 minutes divided by 12 days = 28 minutes per day average
No wonder the MPD wanted to put the heat on Scott. Their theory that Amber was the reason he murdered Laci was falling apart. Amber just wasn't getting enough romantic interest from Scott to sustain their theory.
January 6, D-day
January 6 is the D-day of sorts, the day Amber, coached by the MPD and even the Department of Justice, forces Scott into a declaration that he is the husband of Laci Peterson, the missing Modesto woman. Information about this attempt came out in the trial. Leading up to the 6th, David Harris asks Amber:
David Harris: Ms. Frey, we played some of the recordings that occurred up until January 4th, 2003. The next recordings that we're going to be playing are from January 6th. I want to be talking to you specifically about January 6th at this point in time. Did, did something occur at the Modesto Police Department on January 6th?
Harris doesn't play any recordings from January 5th because there aren't any to play. He doesn't inform the jury that Scott Peterson's last attempt to contact Amber was at 9:31 a.m. on the 5th. That is important, because Amber left 2 voice messages on the 5th, but Scott had not yet called her back.
11:15 a.m. Amber called Scott Cell 2 <2 min VM>
10:56 p.m. Amber called Scott Cell 2 <3 min VM>
Scott did not make his usual night-time call to Amber on the 5th, even though she left him a voice mail at 10:56 that night. Now, let's listen in as Harris continues his questioning about the events of January 6.
David Harris: . . . Did, did something occur at the Modesto Police Department on January 6th?
Amber Frey: Yes.
David Harris: Did they ask you to leave your home or move you to another location on that date?
Amber Frey: Yes.
David Harris: Without getting into what it was that, why they did that, did you accompany them and go to some other location?
Amber Frey: Yes.
What David Harris does not want the jury to hear is what any reasonable person would suspect, given the whole truth. Scott's failure to make his customary call the night of the 5th, even though Amber left him a voice message that morning and that night, undoubtedly unnerved the MPD. Furthermore, Scott did not make any calls to Amber during the day on the 6th -- not even a single voicemail message.
David Harris: And did you, were you pretty much under their protection at that point in time?
Amber Frey: Yes.
David Harris: And did you start to make some phone calls, I don't want to say using their words, but did you talk with them about certain subjects or certain information that should start coming up on January 6th?
Amber Frey: Yes.
David Harris: And a part of that was to at this point in time, on January 6th, indicate that you might –
Mark Geragos: Objection. Leading.
Judge Delucchi: Sustained.
David Harris: Did you talk to the defendant about finding out some information on January 6th?
Amber Frey: Yes.
David Harris: And did you start this early in the day and leave a message?
Amber Frey: I believe so.
David Harris: If we can go to the document
Judge Delucchi: O then? Okay. And this is January 6th at 2213 hours.
Harris specifically asks if Amber started "early in the day," and Amber replies, "I believe so." Yet, the first call on Jacobson's chart is from Scott's cell 2, at 10:12 p.m. The 2nd call was also from Scott at 10:13 p.m., which is the recording played for the jury.
10:12 p.m. Scott Cell 2 called Amber
10:13 p.m. Scott Cell 2 called Amber 195O
10:15 p.m. Scott Cell 2 called Amber 195P
10:16 p.m. Scott Cell 2 called Amber 195Q
11:02 p.m. Scott Cell 2 called Amber 195R
11:29 p.m. Scott Cell 2 called Amber 195S
These calls are not "early in the day" and they are not Amber calling Scott. Why don't Amber's "early in the day" calls appear on Jacobson's chart? The chart gives the impression that Scott just resumed his regular nightly calls, but Amber's testimony makes it clear that she had left voice messages for Scott "early in the day" as an incentive for him to call her.
What does Amber say "off the record" about this important day? In Witness for the Prosecution, she gives this introduction:
The next day [January 6], Buehler phoned and asked if I could come to Modesto. He gave me directions to the Orchard Motel, in nearby Turlock, and I drove there and met him and Sharon Hagan, a profiler with the Department of Justice, as well as Detective Craig Grogan, of the Modesto Police Department. They had checked me in under the name Teresa Collins. I guess they were just being careful.
"One of the reasons I asked you to come up is because Scott is in Fresno," Buehler said. "I didn't want you to run into him. The other reason is that we want to help you in your next conversation with Scott."
"Help me how?" I asked.
"You're going to keep him on the phone, and we'll feed you questions from time to time. Officer Hagan is going to try to help you get some information out of him."
"I'll do what I can," I said.
It turned out to be a watershed day. It was the day Scott Peterson finally told me about Laci. (pp. 90-91)
Of course we know Buehler lied to Amber about Scott being in Fresno (or Amber lied about Buehler saying that) because he was tracked all day by GPS and was nowhere near Fresno.
We also know that Amber shared more than one phone call with the Modesto Police Department on the 6th, several of which she placed to them. 209-572-9524 is Buehler's number, and 209-652-1814 is Brocchini's. Note that Amber's call to Buehler is the first exchange for them that day, as she has no incoming calls before it. So, she had a calls to Buehler at 8:34, 8:58, and 9:03 before she receives her first incoming call. Then another call to Buehler at 10:25 a.m. immediately followed by one to Brocchini.
More calls to Brocchini at 12:54, 3:06, 4:56, and 5:08.
