AMY CONT'D

418

1 for hearsay. I don't have any problem. If he's not going

2 to object to that, I'm happy to have her testify to it.

3 THE COURT: She answered the question. Next question.

4 MR. DISTASO: Q. Well, it seems that this will be a

5 fine question. So what did she tell you about what she was

6 actually doing in that yoga class?

7 A. We had just discussed, because you do different

8 stretching, and one night when I was at her house, she was

9 showing me stretches that she had been doing, had learned,

10 but --

11 Q. So was she showing you active, vigorous exercising

12 or was she showing stretches?

13 A. Like a certain stretch that they did that felt

14 really good throughout our body.

15 Q. All right. And was that because was she having any

16 particular pains as a result of the pregnancy?

17 A. No. I think she was just doing it for relaxation

18 and to stretch. I think it's good when you're pregnant to

19 do that.

AMY/DISTASO

20 Q. And so when you say that she was walking

21 frequently, you don't know -- frequently, you don't know

22 what that means; is that right?

23 A. Yeah, I don't know if it was every day or just --

24 Q. I mean, you don't know if it was every day or every

25 other day or twice a week or three times a week?

26 A. It was pretty often.

27 Q. Okay.

28 A. Yeah.

9 RECROSS-EXAMINATION

10 MR. GERAGOS: Q. Amy, about three weeks prior to the

11 23rd, you and Laci both inherited some jewelry; is that

12 right?

13 A. Yes.

14 Q. Okay. And that jewelry was from your grandmother?

15 A. Grandmother.

16 Q. On your father's side?

17 A. Yes.

18 Q. Okay. And that was a substantial amount of

19 jewelry, wasn't it, that was inherited?

20 A. Yes.

21 Q. Okay. Did -- when that was inherited, were you

22 aware of Laci taking some of that jewelry to try to sell it?

23 A. Yes, I was aware.

24 Q. Okay. And she was doing that in various ways, as

25 far as you knew, isn't that correct, trying to sell it?

26 A. Yes.

27 Q. Pawnshop; is that correct?

28 A. Yes.

420

1 Q. And also on eBay?

2 A. Yes.

3 Q. Okay. And she was also wearing a lot of that

4 jewelry during that period of time or at least new pieces,

5 if you will, during that three weeks?

6 A. Yes.

7 Q. When you saw her on the 23rd, she was wearing

8 jewelry, was she not?

9 A. I don't know exactly what jewelry she had then.

10 Q. Okay. But when you had seen her during that three

11 weeks, she was wearing some of these new pieces that the two

12 of you had inherited?

13 A. Yes.

14 Q. Okay. And you had seen her -- well, there was

15 quite a bit of it, and the police have showed you pictures

16 of it; is that correct?

17 A. Yes.

18 Q. And you'd recognize some of it, but not all of it;

19 is that a fair statement?

20 A. Yes.

21 Q. Okay. And Laci had the lion's share of the jewelry

22 and was going to get rid of some of it, was going to do some

23 other stuff with it, and then you were going to get part of

24 it as well, is that --

25 A. Yes, we divided it up and -- yes.

26 Q. Okay. Now, the -- thank you. I have no further

27 questions. Thank you.

28 THE COURT: Mr. Distaso?

421

1 MR. DISTASO: One second.

2 Nothing further.

3 THE COURT: You may step down.

4 We'll take a recess here until quarter till.

5 (Recess: 10:30 a.m.)

___________________________________________________________________

422

1 October 31, 2003 -- 10:50 p.m.

2 ---o0o---

3 THE COURT: Everyone's present. Your next witness for

4 the prosecution.

5 MR. DISTASO: Your Honor, just for the record,

6 Mr. Harris is probably going to come in a little late. He's

7 doing something else. But I'm ready to go.

8 Sharon Rocha.

9 THE CLERK: Please raise your right hand.

10

11 SHARON ROCHA,

12 called as a witness for and on behalf of the People, having

13 been duly and regularly sworn, testified as follows:

14 THE WITNESS: Yes, I do.

15 THE CLERK: Please have a seat. Put the microphone

16 around your neck.

17

18 DIRECT EXAMINATION

19

20 MR. DISTASO: Q. Ms. Rocha, would you state your full

21 name and spell your last name for the record?

22 A. Sharon R. Rocha, R-O-C-H-A.

23 Q. And Laci Peterson was your daughter; is that

24 correct?

25 A. Yes.

26 Q. Let me show you People's 44. Is this a picture of

27 Laci before she died?

28 A. Yes.

423

1 Q. And did you know when this picture was taken?

2 A. December 14th.

3 Q. Of 2002?

4 A. Yes.

5 Q. So is this a fair representation of what Laci

6 looked like, even as late as December 23rd, 2002?

7 A. The last time I saw her was December 15th.

8 MR. GERAGOS: I'm sorry? Last time --

9 THE WITNESS: I saw her was December 15th.

10 MR. GERAGOS: 15th. Thank you.

11 MR. DISTASO: Q. And do you know where this picture

12 was taken?

13 A. No.

14 Q. Now, were you and Laci -- can you describe for the

15 Court your relationship?

16 A. Laci and I were very close.

17 Q. And can you give a little more detail than that? I

18 mean, what do you mean by that? Would you talk regularly or

19 that type of thing?

20 A. We talked probably at least every other day or

21 every couple of days. We did things together. We went

22 shopping together. We would go to the movies together, have

23 lunch together.

24 Q. And the types of things that you would talk about

25 or share, would that be normal mother-daughter type of

26 things?

27 A. Yes.

28 Q. Just like would Laci tell you about her everyday

424

1 life?

2 A. Yes.

3 Q. And would you tell her also about your everyday

4 life?

5 A. Yes.

6 Q. Did Laci tell you when she became pregnant?

7 A. Yes.

8 Q. How was Laci? How did she feel about that?

9 A. She was ecstatic.

10 Q. Did -- I take it from what you've told me that you

11 were aware of Laci's condition both mentally and physically

12 as the pregnancy progressed?

13 A. Yes.

14 Q. Did -- in the latter part of December of 2002, were

15 you aware of what physical effects the pregnancy was having

16 on Laci?

17 A. Yes.

18 MR. GERAGOS: Objection. Calls for hearsay.

19 THE COURT: Overruled. That's a complaint of injury or

20 pain.

21 Proceed.

22 MR. DISTASO: Q. Go ahead. Did Laci tell you what

23 physically she was feeling about the pregnancy?

24 A. Yes. She said that she was very tired all the

25 time. She was surprised that she was so tired. She said

26 that she was still getting sick or she had started to get

27 sick again in the mornings, and she had to eat as soon as

28 she got out of bed in order not to be sick. Her feet were

425

1 swelling, so she was having a hard time walking, and her

2 back was aching a lot.

3 Q. Did you actually observe some of these physical

4 symptoms that you've just talked to us about?

5 A. I didn't see her feet swelling. When I did see her

6 or talk to her, I could hear that she was very tired or see

7 that she was very tired.

8 Q. Okay. When was the last time that you physically

9 saw Laci in life?

10 A. December 15th, 2002.

11 Q. And what was her physical demeanor or affect on

12 that day?

13 A. She seemed to be fine. She was a little slow, but

14 she had made dinner for us.

15 Q. Okay. And where did that take place?

16 A. At her house.

17 Q. Before we go into that, can you tell me what effect

18 mentally the pregnancy had on her? I mean, did it -- by

19 that, I don't mean did it cause her to go crazy. I mean,

20 how was she feeling about it?

21 MR. GERAGOS: Objection. Calls for speculation. Also

22 hearsay.

23 THE COURT: I think that is speculation. Sustained.

24 MR. DISTASO: Q. Were you aware of what preparations

25 Laci had made, you know, in preparation for having the baby?

26 A. Yes.

27 Q. And can you tell us about that?

28 A. Are you talking about the room and that sort of

426

1 thing?

2 Q. Yes, uh-huh.

3 A. She had bought her crib and her bedding, and she

4 had decorated the room, and she was just waiting for the

5 baby.

6 Q. And let me ask you about an exhibit. This People's

7 47 here, do you recognize the truck that's depicted in that

8 photograph?

9 A. Yes.

10 Q. Whose truck is that?

11 A. Scott's.

12 Q. And when you say Scott, do you mean the defendant

13 in this case?

14 A. Yes.

15 Q. Scott Lee Peterson?

16 A. Yes.

17 Q. Just for the record, do you recognize Mr. Peterson

18 as he sits here today?

19 A. Yes, I do.

20 Q. And the boat that is being -- that is behind the

21 truck, do you recognize that boat? And let me tell you,

22 nothing that you've seen in the media. Do you recognize

23 that boat from anything you personally saw?

24 A. No.

25 Q. Did you have any knowledge at all from any source

26 prior to December 24th, 2002, that the defendant in this

27 case owned a boat?

28 A. No.

427

1 Q. Had -- so I take it, from your saying that, that

2 you personally have never been in that particular boat?

3 A. That's correct.

4 Q. Never even really near it?

5 A. That's correct.

6 Q. At any time prior to December 24th of 2002, were

7 you aware from any source that the defendant, Scott Lee

8 Peterson, was having an affair with a woman by the name of

9 Amber Frey?

10 A. No.

11 Q. Now, how long have you known the defendant in this

12 case?

13 A. I believe since the summer of '94.

14 Q. And did you meet him while he and Laci were dating

15 prior to their marriage?

16 A. Yes.

17 Q. And then I assume then that you have known him

18 since that time, including through the marriage

19 relationship; correct?

20 A. Yes.

21 Q. All right. Can you tell me about the last time on

22 December 15th, the last time that you physically saw your

23 daughter? Just tell us what happened on that day. When was

24 the last -- tell me when you first saw her and what

25 happened.

26 A. She had called that day and invited us over for

27 dinner that evening. We went over. We had dinner. Then we

28 were sitting in the living room, watching television. She

428

1 was on the love seat, and Ron and I were on the sofa, and

2 Scott, I believe, was sitting in the floor, if I remember

3 correctly; and she had asked if I wanted to feel the baby.

4 MR. GERAGOS: Objection. Hearsay.

5 THE COURT: Sustained.

6 MR. DISTASO: Did -- well, again, Your Honor, I'm not

7 actually offering this statement for the truth. I'm

8 offering it to show why Ms. Rocha took the action that she

9 then took.

10 THE COURT: I will sustain it, but you can just ask her

11 what action she took after she talked to her.

12 MR. DISTASO: Q. Okay. Did Laci ask you a question?

13 A. Yes.

14 Q. And what happened -- what did you do in response to

15 that question?

16 A. I went over and set next to her and I put my hand

17 on her stomach to feel the baby kick.

18 Q. And could you actually feel the baby kicking?

19 A. No, I never felt him.

20 Q. All right. Now, regarding the boat, is -- Ron

21 Grantski is your long-time companion; is that right?

22 A. Yes.

23 Q. And how long have you been together?

24 A. Twenty-six years almost.

25 Q. Regarding the boat that the defendant owned, would

26 that have been something that Ron would have been interested

27 in?

28 A. Yes.

429

1 Q. And why is that?

2 A. Because he's an avid fisherman and he's mentioned

3 it several times.

4 Q. Now, let's go to -- when was the last -- the last

5 time that you actually spoke to your daughter?

6 A. It was on December 23rd, about 8:30 PM.

7 Q. And tell the Court what happened. How did you

8 speak to her?

9 A. She had called -- I had asked them on a couple of

10 different occasions to come to our house on Christmas Eve,

11 and she called about 8:30 Monday evening to tell me that

12 they would be coming to our house for dinner.

13 Q. And how long did that conversation last?

14 A. It was only a couple of minutes because I was on

15 another line.

16 Q. Did -- were you able to tell in those couple of

17 minutes anything about Laci's physical demeanor at that

18 time?

19 A. She sounded very tired, and I asked her if she was

20 feeling all right, and she said that she was just really

21 tired.

22 Q. And you said that was around 8:30 in the evening --

23 A. Yes.

24 Q. -- on the 23rd?

25 Did you hear from Laci ever again after that phone

26 call?

27 A. No.

28 Q. When is the next time -- or when were you made

430

1 aware that there was some problem and that Laci was missing?

2 A. It was about 5:17 PM December 24th when Scott

3 called. He asked if Laci was at our house, and I told him

4 no, and he proceeded to tell me that her car was in the

5 driveway and the dog was there with his leash on and Laci

6 was missing.

7 Q. Did -- what did you do after hearing that?

8 A. I told him to call her friends to see if any of

9 them had heard from her or if she was at their house, and I

10 told him to call me back immediately. In the meantime, I

11 ran down the hall and I told Ron that Laci was missing.

12 And then Scott called back. He said that none of her

13 friends had heard from her or talked to her that day, and so

14 I told him to go to the neighbors' to see if she was at a

15 neighbors' house and to call me right back.

16 After that conversation, I started to change my clothes

17 to put warmer clothes on, because I'd already decided that

18 when he called back, if he hadn't found her, that I was

19 going over there.

20 Q. Okay. What was your -- what was your demeanor at

21 that time?

22 A. I was getting really scared by then. When he said

23 the word "missing," that's what concerned me. It wasn't

24 that she wasn't home or he couldn't find her; he said

25 "missing."

26 Q. Okay. And do you know about what time that call

27 came in?

28 A. The first call was about 5:17.

431

1 Q. After -- did the defendant then call you back? You

2 told him to call her friends and check around; correct?

3 A. Yes.

4 Q. And did he then call you back?

5 A. Yes, he did. And then that's when I told him to

6 check with the neighbors, and then he called back again and

7 said that nobody had seen her; and I went down the hall and

8 I told Ron to call the police, and I called my friend to

9 come and pick me up to take me over to the park. I told him

10 I was going to the park.

11 Q. Okay. And why did you want to go to the park?

12 A. Because Scott had said that McKenzie had his leash

13 on.

14 Q. Did --

15 A. So I was concerned that she had told me earlier,

16 several weeks prior to that, that she had gotten sick and

17 had to sit down and she was throwing up and she felt as

18 though she was going to pass out. That happened a second

19 time. She didn't get sick, but she felt she was going to

20 pass out. So those were the first thoughts that I was

21 thinking about that something had happened to her in the

22 park.

23 Q. Okay. Did she tell you those instances where she

24 became ill were in relation to when she'd been out walking?

25 A. Yes.

26 Q. So did you then go to the park?

27 A. Yes.

28 Q. How did you get there?

432

1 A. My friend Sandy Brickard [phonetic] had came and

2 picked me up and took me over to the park because Ron was

3 told to stay at home and wait for an officer to come to our

4 house.

5 Q. In the meantime, had someone called 911?

6 A. Ron had.

7 Q. What happened next? Did you go to the park?

8 A. Yes.

9 Q. Where did you go?

10 A. We went to the entrance near the tennis courts, and

11 then I got out of the car and I was just running all around

12 that area and towards the river and along the path screaming

13 her name.

14 Q. And there was no response?

15 A. No.

16 Q. What happened next?

17 A. I remember looking in trash cans and -- with a

18 flashlight and trying to find her. I was just running all

19 over the park trying to find her.

20 Q. Okay. Let me stop you there for a second.

21 The -- can you describe for me, what were the lighting

22 conditions in the park? It was dark; correct?

23 A. It was dark in outer areas. The lights were on

24 within the park itself, and then they did shut off one or

25 two times. They had gone off and they came back on. But

26 the outer areas of the pathway were dark.

27 Q. Did you make plans or had you made any plans to

28 meet up with the defendant?

433

1 A. Yes. I called Scott. That was about 5:32 as we

2 were driving over the bridge at Scenic and Oakdale and told

3 him that I was going to the park and told him where I was

4 going to be and asked him to meet me there.

5 Q. Okay. Did you meet up with the defendant that

6 night?

7 A. Yes.

8 Q. Can you tell the Court what happened?

9 A. It seemed like it was a long time, but I remember

10 wondering where was he. It seemed like it took a long time.

11 Then when he -- when I did see him, he was walking along the

12 river, looking towards the river, with McKenzie's leash in

13 his hand.

14 Q. Let me stop you. He had the dog with him; is that

15 right?

16 A. Yes.

17 Q. Okay. Go ahead.

18 A. Yes. I remember yelling to him, yelling his name,

19 and I didn't get a response.

20 Q. How far away from him were you?

21 A. Not far at all. Maybe 30 feet. Twenty, 30 feet.

22 Q. Okay. So can you just give the Court an idea?

23 Were you as close as you and I are here today in the

24 courtroom or further?

25 A. No. No further than the back of the room.

26 THE COURT: About 40 feet.

27 THE WITNESS: Forty feet.

28 MR. DISTASO: And the courtroom's measured so they have

434

1 it.

2 Q. And what happened next then?

3 A. I remember seeing my nephew run by, and he ran up

4 to Scott and he was talking to Scott.

5 Q. And then did the police then eventually arrive at

6 the park?

7 A. Yes.

8 Q. In all the times you've known the defendant, are

9 you familiar with what his hair color is?

10 A. Yes.

11 Q. And as he sits here today, do you see the hair

12 color that he has?

13 A. Yes.

14 Q. Is that his natural hair color that you've

15 observed?

16 A. Yes.

17 Q. Did you ever see him to have an orange or reddish

18 tint in his hair?

19 A. Not that I recall.

20 Q. Let me show you some photographs.

21 MR. GERAGOS: Objection. There would be an objection.

22 I believe she was still answering the question.

23 THE WITNESS: I was going to say I've seen it a little

24 bit lighter, like in the summertime.

25 THE COURT: She finished it.

26 Next question.

27 MR. DISTASO: Let me show you --

28 THE COURT: Objection's overruled.

435

1 MR. DISTASO: Q. -- both 45 and 46. Did you ever see

2 the defendant have hair color such as in those two

3 photographs?

4 A. No.

5 Q. And did you ever see him to wear a large, heavy

6 goatee like he has in that photograph?

7 A. Not that I recall.

8 MR. DISTASO: Nothing further, Your Honor.

9 MR. GERAGOS: May I inquire?

10 THE COURT: Go ahead.

SHARON CROSS

11

12 CROSS-EXAMINATION

13

14 MR. GERAGOS: Q. Good morning.

15 A. Good morning.

16 Q. The day you were over the last time you saw Laci

17 was on the 15th of December?

18 A. Yes.

19 Q. That was at the house on Covena?

20 A. Yes.

21 Q. Okay. On that day, did it appear to you that there

22 were any problems between Scott and Laci?

23 A. No.

24 Q. Okay. Did it appear to you up until -- I guess you

25 talked to her on the 23rd. But from the fif - is it a fair

26 statement from the 15th obviously to the 23rd you hadn't

27 seen her physically?

28 A. That's correct. They were out of town a few days.

436

1 Q. Right. They'd gone I think with Jackie and Lee to

2 Carmel someplace?

3 A. Yes.

4 Q. And is it a fair statement that you had at least

5 talked to her on the phone at least once, twice, during that

6 time period at least?

7 A. More than that.

8 Q. Okay. And did she indicate any problems at that

9 point to you?

10 A. Problems?

11 Q. In terms of her and Scott.

12 A. No.

13 Q. I'm not asking for what they were, but any problems

14 whatsoever?

15 A. No.

16 Q. You've known Scott since you said roughly 1994?

17 A. Yes.

18 Q. During that entire time -- you've obviously known

19 Laci or knew Laci that entire time as well. She never

20 confided in you any problems in the relationship; isn't that

21 correct?

22 A. Not really problems. Just a few little things that

23 we had talked about but --

24 Q. Marital bumps in the road?

25 A. Right.

26 Q. Okay. Something -- you've been with your companion

27 for 26 years.

28 A. Exactly.

437

1 Q. You can't go a year without having some bump in the

2 road.

3 A. Right.

4 Q. But nothing of any consequence to your mind; isn't

5 that correct?

6 A. That's correct.

7 Q. Okay. In fact, is it a fair statement -- you

8 talked to Laci every other day and you'd see her how often?

9 A. Oh, probably at least once a week, if not more than

10 that.

11 Q. Okay. Is it a fair statement that you also talked

12 to Scott fairly frequently?

13 A. Yes.

14 Q. Okay. Maybe some period -- for some periods of

15 time, you talked to Scott even more than you'd talk to Laci,

16 maybe on one two-week period or one one-week period?

17 A. Not that I recall. I mean, if I would call and

18 Scott would answer the phone, we'd have a conversation.

19 Q. Okay. You considered yourself close to Scott?

20 A. Yes, I did.

21 Q. Okay. And is it a fair statement that prior to the

22 24th, that you thought the world of him?

23 A. That's correct.

24 Q. Okay. Also the -- when they moved to Modesto, you

25 heard Amy testifying, they lived in a different house; is

26 that correct?

27 A. Yes.

28 Q. And that was a house they were renting?

438

1 A. Yes.

2 Q. Okay. When they moved to Modesto, it was Laci's

3 intention to get pregnant. I assume she had made that

4 known?

5 A. No. Actually, she told me that she just wanted to

6 be back home closer to her family. Her grandmother had

7 passed away earlier, a couple of years before. So --

8 Q. Dennis' mother?

9 A. That's correct.

10 Q. Right. And she moved back initially because she

11 was somewhat concerned about Dennis' father; isn't that

12 correct?

13 A. Yes.

14 Q. And I asked it inartfully to begin with. That's

15 why she moved to Modesto was because of the situation

16 involving Dennis' parents and her grandfather; her paternal

17 grandfather was fairly ill and suffering from some problems?

18 A. Right.

19 Q. Then sometime after that, she -- after having moved

20 to Modesto, she started expressing an interest in having a

21 child?

22 A. Yes, she was very anxious to have a baby.

23 Q. Okay. Now, is it a fair statement that she was

24 also concerned about her appearance and her health?

25 A. How do you mean "concerned"?

26 Q. She was somebody who took great care as to how she

27 looked and how she dressed; isn't that correct?

28 A. Yes.

439

1 Q. Okay. And when -- in having the baby, she was

2 very serious about what she was going to do, physically

3 keeping herself fit and taking care of herself; isn't that

4 correct?

5 A. Yes.

6 Q. She -- before she got pregnant, she would enjoy

7 wine; is that correct?

8 A. Yes.

9 Q. After she started to attempt to get pregnant, she

10 stopped drinking alcohol altogether; isn't that correct?

11 A. No, not until she discovered that she was pregnant.

12 Q. Okay. So when she was tested, came back positive

13 she was pregnant, then she swore off alcohol?

14 A. I think I remember her telling me that she had a

15 glass of wine or a couple of sips of wine one time.

16 Q. Okay. Do you know if she had any other changes in

17 her habits? Did she stop drinking caffeine or things that

18 contained caffeine?

19 A. I'm not sure.

20 Q. Okay. Did she ever --

21 A. I don't think she drank as much, if she did. I'm

22 not really sure.

23 Q. Okay. Did you ever see her drink coffee while she

24 was pregnant?

25 A. I don't recall.

26 Q. Did you ever see her eat chocolate while she was

27 pregnant?

28 A. Oh, yes.

440

1 Q. Did you see that all throughout the pregnancy?

2 A. Yes.

3 Q. And then as she was pregnant, she was, as far as

4 you were aware, when she was complaining about this throwing

5 up or getting sick, that was when she was getting McKenzie

6 for walks; is that correct?

7 A. Yes.

8 Q. Okay. And she would walk -- did you ever walk with

9 her?

10 A. I have walked with her.

11 Q. Okay. When you walked with her, would she take --

12 how many times would you say you walked with her?

13 A. Just a couple of times and it was -- it may even

14 have been before she got pregnant or just in the very

15 beginning of her pregnancy.

16 Q. Okay. So as you sit here today you don't -- you

17 never took any notes of it obviously. You don't remember

18 the exact days you went walking with her?

19 A. No, I don't.

20 Q. When you took those walks, did you go into the

21 neighborhood itself or did you go down into the park?

22 A. We went to the park.

23 Q. When you went down into the park, from the house,

24 you go towards the end of the cul-de-sac. Do you know where

25 I'm talking of?

26 A. Yes, I do.

27 Q. Okay. And when you go down to the end of the

28 cul-de-sac, there is kind of a fence with a trail.

441

1 A. Uh-huh.

2 Q. Do you know where I'm talking about?

3 A. Yes, I do.

4 Q. Now, that trail as you go down is fairly steep,

5 isn't it?

6 A. Yes, it is.

7 Q. Okay. And is it a fair statement that, if that

8 trail was wet or even if it wasn't wet, because of the steep

9 grade, it's not likely that somebody who was

10 seven-and-two-thirds-months pregnant is going to be going

11 down that trail there, is it?

12 A. That's correct.

13 Q. The fact of the matter is, though, that she did

14 still try to walk at the later stages of her pregnancy;

15 isn't that correct?

16 A. Not that I'm aware of.

17 Q. Well, when you last --

18 A. The last time we talked about it was when she was

19 sick, when she got sick in the park.

20 Q. You told her to stop walking, didn't you?

21 A. Yes, I did.

22 Q. Okay. You weren't confident that she was going to

23 listen to you, were you?

24 A. No, I wasn't.

25 Q. Fair statement that Laci was a determined young

26 lady?

27 A. Yes, she was.

28 Q. Okay.

442

1 A. I told her to at least take her cell phone with her

2 in case anything happened.

3 Q. Okay. I'm not using the word, but in the police

4 reports, I think I won't quote whether it was you or Ron,

5 but somebody described her as headstrong. Is that a --

6 A. That was Laci.

7 Q. And you couldn't really tell her what to do; she

8 was going to do what she was going to do and that was it.

9 Is that a fair statement?

10 A. I think a lot of that she would at least listen and

11 take it into account, but she still did whatever she decided

12 was the best.

13 Q. Okay. And as far as you know, even though you'd

14 expressed concern about her walking, as far as you know

15 sitting here, you don't know whether she was still walking

16 or not?

17 A. No, I don't.

18 Q. Okay. When you would go over to the house, the

19 last time was the 15th, would you see McKenzie come in and

20 out of the house?

21 A. I have, yes.

22 Q. Did they also have a cat?

23 A. Two cats.

24 Q. Two cats. And were the cats inside the house on

25 occasion?

26 A. I think in the beginning I remember seeing when

27 they were babies, but I don't remember seeing them as

28 adults.

443

1 Q. Okay. The call that you got from Laci on the 23rd,

2 which you said you were on the other line, do you remember

3 who you were speaking to?

4 A. I was talking to my friend Sandy.

5 Q. Okay. And you and Sandy were talking and then Laci

6 called and you had Call Waiting and switched over?

7 A. Yes.

8 Q. And you had kind of a short conversation?

9 A. Yes.

10 Q. Were you planning on seeing her on the 25th or on

11 the 24th?

12 A. The 24th.

13 Q. That was at your house?

14 A. Yes.

15 Q. Is that correct?

16 A. Yes.

17 Q. She was going to come over and bring some item of

18 food?

19 A. No, actually, we hadn't talked about her bringing

20 anything over.

21 Q. Okay. Was that something she would do on occasion,

22 bring something over?

23 A. Occasionally, yes.

24 Q. Okay. The -- during that phone call, she indicated

25 that she was tired; is that right?

26 A. Yes.

27 Q. Had she indicated that she'd been to the salon --

28 it's called Salon Salon, isn't it?

444

1 A. Yes, it is.

2 Q. Had she indicated that she'd just that evening been

3 to Salon Salon?

4 A. I don't recall. I know she told me that she had a

5 doctor's appointment that day.

6 Q. Did she tell you about the doctor's appointment?

7 A. No, she -- well, she just said everything was well,

8 it was fine.

9 Q. Okay. Did she tell you that she had -- anything

10 else about the day at that point?

11 A. No. Like I said, it was a brief conversation

12 because I was on the other line.

13 Q. Maybe 30 seconds to a minute?

14 A. Oh, a minute or so.

15 Q. Okay. The next day when you got the call from

16 Scott, what time were you expecting Laci and Scott at your

17 house on the 24th?

18 A. 6:00 o'clock.

19 Q. Okay.

20 A. And that's why I remember the time because I was in

21 the kitchen and I saw the clock on the stove that said 5:15,

22 and I remember thinking I needed to get myself put together

23 before everybody got there.

24 Q. And at that point, when you went over to the park,

25 you were being driven by another friend?

26 A. That was Sandy again.

27 Q. Sandy again. And when Sandy was driving you over,

28 do you remember the time? Did you go back and look at a

445

1 cell phone or --

2 A. Yes.

3 Q. So when you -- you don't have a memory such that

4 you remember the exact minutes?

5 A. No.

6 Q. You had refreshed your recollection?

7 A. Did I say 5:32?

8 Q. 5:32 is what you said.

9 A. No, that's wrong. That's when I called him. It

10 was 5:49.

11 Q. 5:49. So it was 5:49 when you called him. What

12 time do you think you saw him in the park?

13 A. I couldn't tell you. Time seemed to just slow

14 down.

15 Q. I was going to ask that. Obviously this whole

16 event has been horrific. Time just seems to stop or move at

17 a glacial pace?

18 A. (Affirmative nod.)

19 Q. Isn't that a fair statement?

20 A. (Affirmative nod.)

21 Q. And you don't know exactly when it was you saw him?

22 A. No.

23 Q. And you don't know -- his back was to you when you

24 were yelling at him; isn't that right?

25 A. No, he was kind of sideways.

26 Q. Okay. But not facing you directly?

27 A. No, he was approaching this way and I was looking

28 this way, so he was sideways.

446

1 Q. Okay. How old is your nephew that came running up

2 to him?

3 A. I think he's about 26 or 27.

4 Q. Okay. And when he came up, he got Scott's

5 attention --

6 A. Yes.

7 Q. -- at that point? Was that shortly after -- and

8 obviously with the proviso that you're not timing anything.

9 But shortly after you had said something, your nephew

10 approached him?

11 A. It was pretty much at the same time. I was still

12 calling Scott's name as I remember seeing Zachary go by me

13 and run up to him.

14 Q. Okay. That's what I was getting to. You're

15 yelling "Scott." You got kind of a profile view?

16 A. Right.

17 Q. And as you're yelling "Scott," up walks or runs

18 your nephew, whose name is?

19 A. Zachary.

20 Q. Zachary. At that point you see Zachary and Scott

21 engage in some kind of a conversation?

22 A. Uh-huh.

23 Q. You have to answer yes for the court reporter.

24 A. Yes.

25 Q. Scott at that point has McKenzie on a leash with

26 him?

27 A. Yes.

28 Q. Okay. And as -- are they walking alongside of the

447

1 bank of the river?

2 A. Yes.

3 Q. And is the -- is there a grade going down to the

4 river that you're aware of?

5 A. It just kind of drops off.

6 Q. Okay. Kind of an embankment?

7 A. Yes.

8 Q. Okay. The -- is there a bridge over there?

9 A. Not in that area.

10 Q. Okay. How far away from the bridge -- I guess you

11 and I don't know the exact bridge we both have in mind. But

12 which bridge are you thinking of?

13 A. Are you asking me about the footbridge?

14 Q. The incident where you see Zachary come up. I'm

15 just trying to get a picture of where Scott was at that

16 point, a mental picture, if I could, in the park.

17 A. Okay. We would be closer to the bridge, the large

18 bridge that goes over the river on Oakdale Road.

19 Q. Okay. Kind of -- if you were heading across the

20 bridge from the park, the hospital would be up the

21 embankment? It's actually not a hospital. But a series of

22 buildings farther up.

23 A. There are homes on Scenic.

24 Q. Oh, more the residential area?

25 A. Yes.

26 Q. Okay. The -- you said you weren't aware of the

27 boat; is that correct?

28 A. That's correct.

448

1 Q. Okay. And that Ron is an avid fisherman?

2 A. Yes.

3 Q. Is that correct? Ron will fish at the drop of a

4 hat; is that correct?

5 A. That's correct.

6 Q. It would not be unusual for Ron to go fishing like

7 that --

8 A. That's right.

9 Q. -- make a split-moment decision to go fishing; is

10 that correct?

11 A. Yes.

12 Q. Okay. Did Laci confide in you about all purchases

13 that she was making for things of --

14 A. No, not everything.

15 Q. Okay. Would you say -- is it a fair statement also

16 that Laci was also a private person as well, that she valued

17 her privacy?

18 A. I would say to an extent, yes.

19 MR. GERAGOS: Could I have just one moment, Your Honor?

20 Thank you very much, Mrs. Rocha. I don't have any more

21 questions.

22

23 REDIRECT EXAMINATION

24

25 MR. DISTASO: Q. Mrs. Rocha, Counsel just asked you

26 about whether or not Laci would confide in you regarding

27 purchases. Would she confide in you, though, or would she

28 confide in you regarding larger purchases, such as the pool

449

1 of their home or a new car?

2 A. Yes.

3 Q. Did she tell you about the pool of her home?

4 A. Yes.

5 Q. When she was getting it?

6 A. Yes.

7 Q. Did she tell you when they would purchase a new

8 car?

9 A. Yes.

10 Q. Did she tell you when I believe the defendant or

11 somebody installed a new barbecue in their home?

12 A. Yes.

13 Q. And what about if she received -- if she purchased

14 a new couch or new furniture for the home?

15 A. Yes.

16 Q. Would she tell you that type of thing?

17 A. Yes.

18 MR. DISTASO: Nothing further, Your Honor.

19 MR. GERAGOS: I had one other question.

20

21 RECROSS-EXAMINATION

22

23 MR. GERAGOS: Q. Before the 23rd, they had -- Scott

24 and Laci had a truck, which I think you've got a picture of

25 up there; is that right?

26 A. Yes.

27 Q. And they had a Land -- an older Land Rover; is that

28 correct?

450

1 A. Yes.

2 Q. And they bought the Land Rover used?

3 A. Yes, I believe so.

4 Q. Okay. And it had a lot of miles on it; isn't that

5 correct?

6 A. I don't know how many miles were on it.

7 Q. Okay. Had you ever been in that car?

8 A. Yes, I had.

9 Q. Okay. Did you ever see Laci in Scott's truck?

10 A. Driving it or as a passenger?

11 Q. No, as a passenger. I mean, when they would come

12 to your house, would they ever drive the truck over?

13 A. I want to say yes. I think so.

14 Q. Okay.

15 A. But I'm not a hundred percent sure.

16 Q. I've got some interviews with the police and I

17 believe in one of those you had told -- you know Detective

18 Grogan; is that correct?

19 A. Yes.

20 Q. Do you remember telling Detective Grogan that she

21 would oftentimes ride in the truck?

22 A. No, not off the top of my head I don't remember

23 that.

24 Q. Okay. But you do remember her being in the truck?

25 A. I can remember them coming over. I can remember

26 seeing Scott's truck out there, and I'm sure Laci was

27 probably there with him.

28 Q. Okay. You don't think she walked there separately?

451

1 A. I don't think she walked, no, but she may have

2 already been at the house in her car. That's my hesitation.

3 Q. Okay.

4 A. But I think -- I'm pretty sure I remember actually

5 seeing her in the truck.

6 Q. In the truck itself?

7 A. (Affirmative nod.)

8 MR. GERAGOS: Thank you. I have no further questions.

9 Thank you.

10 MR. DISTASO: I have nothing further.

11 THE COURT: You may step down.

LEE PETERSON

12 Next witness.

13 MR. DISTASO: Lee Peterson.

14 THE CLERK: Please raise your right hand.

15

16 LEE ARTHUR PETERSON,

17 called as a witness for and on behalf of the People, having

18 been duly and regularly sworn, testified as follows:

19 THE WITNESS: Yes.

20 THE CLERK: Please have a seat. Put the microphone

21 around your neck.

22

23 DIRECT EXAMINATION

24

25 MR. DISTASO: Q. Mr. Peterson, would you state your

26 full name and spell your last name for the record?

27 A. Lee Arthur Peterson, P-E T E-R-S-O-N.

28 Q. Sir, the defendant in this case is your son; is

452

1 that correct?

2 A. I'm proud to say Scott's my son.

3 Q. The -- you and your son would -- during the time

4 period let's just say between October and April, October of

5 2002 and April of 2003, it was a common practice for your

6 son or the defendant and you to speak on the phone; is that

7 right?

8 A. Fairly common.

9 Q. Okay. And you would -- you would either call his

10 cell phone or he would call yours on the order of how often?

11 You tell us.

12 A. Maybe once or twice a week.

13 Q. Okay. And did you speak to the defendant on

14 December 24th of 2002 by phone?

15 A. Yes, I did.

16 Q. Do you remember what time that phone call was?

17 A. I don't exactly. I think somewhere between noon

18 and 2:00 PM.

19 Q. During that time, did the defendant ever tell you

20 that he had been fishing at the Berkeley Marina?

21 A. No.

22 Q. There's a picture, People's 47, up there in front

23 of you. If you could take a look at it, please.

24 Do you recognize the defendant's truck in that picture?

25 A. I recognize the truck.

26 Q. Okay. Prior to December 24th of 2002, did you --

27 were you ever told by the defendant or anyone else that the

28 defendant had purchased a boat?

453

1 MR. GERAGOS: Objection. It's compound and hearsay.

2 THE COURT: Sustained on compound.

3 MR. DISTASO: Q. Prior to December 24 of 2002, did you

4 have any knowledge from any source that the defendant owned

5 a boat?

6 A. No.

7 Q. So I take it that the boat in that particular

8 picture, People's 47, up until December 24th, you had never

9 seen that boat before?

10 A. That's correct.

11 MR. DISTASO: Nothing further, Your Honor.

12 THE COURT: Mr. Geragos.

13 MR. GERAGOS: Thank you.

14

15 CROSS-EXAMINATION

16

17 MR. GERAGOS: Q. Good morning.

18 A. Good morning.

19 Q. Lee, Scott and you spoke for how long on the 24th?

20 A. It was pretty brief. I would guess two minutes.

21 Q. Okay. And had you just -- well, would it be

22 unusual for Scott to have made a purchase and to not have

23 told you about it?

24 A. Oh, yeah.

25 Q. That would be unusual or that would be usual?

26 A. I'm sorry. Restate the question, please.

27 Q. Would -- in the past, has Scott made purchases and

28 not spoken to you about them?

454

1 A. Yes.

2 Q. Okay. Can you give me an example?

3 A. Scott bought a motorcycle when we lived in Morro

4 Bay, and I didn't know about it until six months later. He

5 had bought a catamaran.

6 Q. Is a catamaran a boat?

7 A. Yeah, it's a --

8 Q. Style of boat?

9 A. With outriggers and it's very fast and it's

10 something he didn't tell me about. I never saw it. I don't

11 think I saw it, and then he told me he sold it.

12 Q. Okay. Any other purchases that you can think of

13 that he's made that he didn't immediately tell you about?

14 A. Yeah, at least one car. He pulled up in front of

15 our house on a visit with this Ford F150 that's pictured

16 here, and we had no idea that he had bought a new car.

17 Q. Okay.

18 A. It wasn't Scott's nature to call me on every

19 purchase.

20 Q. Okay. Find anything unusual about the fact that

21 you talked to him for two minutes and he did not tell you

22 about that purchase of a boat? Is that unusual to you given

23 what -- you've known him your entire life or his entire

24 life? Is that unusual?

25 A. No. We talked about our plans that day, each

26 other's plans were for the Christmas holiday.

27 MR. GERAGOS: Thank you. I have no further questions.

28

455

1 REDIRECT EXAMINATION

2 MR. DISTASO: Q. So, Mr. Peterson, how many times did

3 the defendant call you on the 24th?

4 A. I believe just the one time.

5 Q. Could it have been more than?

6 A. I don't think so.

7 Q. Okay. And you said you talked about what you were

8 going to be -- what you were doing. Were you talking about

9 what you were going to be doing on the Christmas Day holiday

10 or what you were doing that particular day?

11 A. On Christmas Eve, that day.

12 MR. DISTASO: Okay. Nothing further, Your Honor.

13 MR. GERAGOS: No further questions.

14 THE COURT: You may step down.

15 MR. DISTASO: Your Honor, I have some photographs I'm

16 going to use for the next witness, maybe 15 or 20. If the

17 Court wants to take another break now, I can have them

18 marked.

19 THE COURT: Make it our last break for the morning

20 here. Ten minutes. We'll start up at quarter 'til.

21 (Proceedings recessed. Exhibits 48

22 through 81, inclusive, were marked for

23 identification during the recess.

24 Proceedings resumed at 12:00 p.m.)

25 THE COURT: Everyone's present. The delay was because

26 20 plus items were marked for identification, items 48

27 through 80, and the parties had to go over those.

28 MR. DISTASO: Actually, Your Honor, just for the

456

1 record, I guess 81. We had another one marked.

2 And before we start, there's a stipulation between the

3 parties that -- regarding Sharon Rocha's hair color in the

4 summer of 2002, it was slightly lighter than it is today and

5 she would characterize it as blond.

6 THE COURT: Who's joining in that?

7 MR. GERAGOS: I'm going to join in that so that

8 Mr. Distaso doesn't have to ask her hair color.

EVERS

9 MR. DISTASO: And I'm going to call Detective Evers,

10 Your Honor.

11 THE CLERK: Please raise your right hand.

12

13 JON EVERS,

14 called as a witness for and on behalf of the People, having

15 been duly and regularly sworn, testified as follows:

16 THE WITNESS: I do.

17 THE CLERK: Please have a seat. Put the microphone

18 around your neck.

19

20 DIRECT EXAMINATION

21

22 MR. DISTASO: Q. Detective, would you state your full

23 name, spell your last name for the record?

24 A. Jon Evers, J-O-N E-V-E-R-S.

25 Q. And were you present at 523 Covena Avenue during

26 the evening hours of December 24th of 2002?

27 A. Yes.

28 Q. Is that location in the city of Modesto?

457

1 A. Yes, it is.

2 Q. Is that in Stanislaus County?

3 A. Yes.

4 Q. During the break, have you had an opportunity to

5 look at People's Exhibits 48 through 70 -- should be 80.

6 THE COURT: Seventy-eight are the photographs.

7 MR. DISTASO: There were 78, Your Honor?

8 MR. GERAGOS: 48 through 78; right?

9 MR. DISTASO: Okay.

10 Q. 48 through 78?

11 A. Yes.

12 Q. And do those photos accurately depict the condition

13 of 523 Covena Avenue, as you remember seeing it, on that

14 night?

15 A. Yes.

16 MR. DISTASO: Your Honor, for the record, we have the

17 next exhibit marked as People's 81. I have not marked --

18 these are the only exhibits I marked, so I'm wondering if

19 this should be People's 80.

20 THE COURT: I thought 80 was a diagram according to the

21 note that was given to me.

22 MR. DISTASO: Oh, I'm sorry. That's right. 80. Let

23 me show you People's 80 and 79.

24 Do you recognize this diagram?

25 THE WITNESS: Yes, I do.

26 MR. GERAGOS: I'm sorry. Is 79 the reverse?

27 MR. DISTASO: It's on the back. I'm looking at 80

28 right now.

458

1 THE COURT: So what you have clipped together are both

2 of them?

3 MR. DISTASO: That's right.

4 MR. GERAGOS: Got it.

5 MR. DISTASO: Q. People's 80, is this an accurate

6 schematic diagram of 523 Covena Avenue as you remember

7 seeing it on December 24th of 2002?

8 A. Yes, it is.

9 Q. People's 79, same question. Is that also an

10 accurate schematic diagram?

11 A. Yes.

12 Q. Just for the record, the only difference in the

13 diagrams is the position of furniture in the house?

14 A. Correct.

15 Q. People's 81, is this a copy of a missing person's

16 report form?

17 A. Yes.

18 Q. And did you fill that out on December 24th of 2002?

19 A. Yes, I did.

20 Q. And who gave you the information for that form?

21 A. Scott Peterson.

22 Q. And do you recognize the defendant as he sits in

23 the -- I'm sorry -- as he sits in court here today?

24 A. Yes, I do.

25 Q. Okay. And if you could, just state the color of

26 his suit.

27 A. He's wearing a brown suit.

28 MR. DISTASO: Your Honor, again, for the record,

459

1 identifying the defendant.

2 THE COURT: So noted.

3 MR. DISTASO: Q. Okay. Let's go back now and start at

4 the very beginning. What were your duties with the Modesto

5 Police Department on December 24th of 2002?

6 A. I was working a patrol assignment.

7 Q. And you have since changed to the detective

8 division; is that right?

9 A. That's correct.

10 Q. On -- back on -- back on the 24th, however, what

11 shift were you working that day?

12 A. Be fourth platoon, which would be 4:30 at night

13 until 3:30 in the morning.

14 Q. And how long have you been a sworn police officer

15 in the state of California?

16 A. About 16 years.

17 Q. Tell me what happened in -- on the evening of the

18 24th. You came on duty, and then did you receive a call

19 regarding a missing woman by the name of Laci Peterson?

20 MR. McALLISTER: Objection. Compound question.

21 THE COURT: Sustained.

22 MR. DISTASO: Q. All right. Did you come on duty that

23 day?

24 A. Yes, I did.

25 Q. Did you receive a dispatch regarding a missing

26 woman by the name of Laci Peterson?

27 A. Yes, I did.

28 Q. And tell me what happened next.

460

1 A. According to the call, the husband last saw the

2 missing person, Laci Peterson, this morning about 9:30, and

3 she was last seen taking her dog on a walk at the Dry Creek

4 Park area.

5 Q. And did -- did you respond to that area, or did you

6 go to that area?

7 A. Yes, I did.

8 Q. What happened next? Did you meet up with someone?

9 A. Yes. I went to the East La Loma Park where I met

10 with Scott Peterson and several other family members.

11 Q. Okay. What happened next?

12 A. I spoke with Scott. He then told me briefly that

13 his wife was missing. He had been fishing all day long in

14 the Bay Area.

15 Q. Did he tell you -- well, okay. Where did you speak

16 to him? Where were you physically located?

17 A. Well, in the park, in the parking lot of the park

18 closest to the covered park bench areas.

19 Q. Okay. And what park was that?

20 A. East La Loma.

21 Q. And tell me -- or as you -- did you interview the

22 defendant about what was going on?

23 A. Yes.

24 Q. Okay. Tell me what you -- what did you first ask

25 him and what were his responses?

26 A. Well, I asked about his wife. He told me that -- I

27 asked him -- you know, "When was the last time you saw her?"

28 Q. And what did he say?

461

1 A. He said when he --

2 MR. McALLISTER: Objection. Hearsay.

3 THE COURT: Overruled.

4 THE WITNESS: He said when he last saw her at home

5 before he went fishing this morning.

6 MR. DISTASO: Q. Okay. And did he say what time that

7 was?

8 A. Said it was about 9:30.

9 Q. And did he say what time he left his home to go

10 fishing?

11 A. About 9:30.

12 Q. Did he tell you during this conversation where he

13 was going fishing?

14 A. I don't believe, not at that time.

15 Q. Okay.

16 A. Just to the Bay Area.

17 Q. Okay. And what happened next? What else -- what's

18 the next thing he told you?

19 A. That Laci liked to come down to the park, you know,

20 routinely and walk their dog. And he went fishing. He came

21 back this afternoon, and she wasn't home, and -- but he did

22 find -- he did find their dog, the golden retriever, you

23 know, at the house.

24 Q. Okay. Did -- was this an initial interview with

25 him?

26 A. Yes.

27 Q. Okay. Did you take a more detailed statement

28 later, or was this the only statement that you took of him

462

1 that night?

2 A. I spoke to him there, and I spoke to him again at

3 his residence.

4 Q. Did he tell you what he did after he left home?

5 A. Yes.

6 Q. What did he say he did?

7 A. He said he had to go to his warehouse where he

8 worked, and that's where he stored his boat.

9 Q. Okay. Did he tell you what the address of that

10 location?

11 A. I'm not sure of the number. I think it's 1022 or

12 1024 North Emerald.

13 Q. Okay. Did you write a report regarding this

14 contact with the defendant?

15 A. Yes, I did.

16 Q. And at the time you wrote the report, was this

17 incident fresh in your mind?

18 A. Yes.

19 Q. Did you write the report for the purpose of

20 recording your recollection of what happened on that day?

21 A. Yes.

22 Q. Do you have a copy of it with you?

23 A. Yes.

24 Q. Go ahead and take a look at it.

25 A. Okay.

26 Q. Looking at about the third paragraph down, does

27 that refresh your recollection as to what the address the

28 defendant gave you of the warehouse was?

463

1 A. Yes.

2 Q. What was that?

3 A. 1027 North Emerald.

4 Q. And did he tell you what he did when he got there?

5 A. That he picked up the boat and he went out to the

6 marina.

7 Q. And so at that time he -- did he tell you which

8 marina he went to?

9 A. Yes.

10 Q. What did he say?

11 A. He said he went to the Berkeley Marina.

12 Q. And did he say what time he arrived there?

13 A. About noon.

14 Q. And did he say what he did there?

15 A. Said he fished for about two hours.

16 Q. Did he say that anyone was present with him while

17 he was fishing?

18 A. He said he was by himself.

19 Q. Did he say what ended his fishing trip, why he

20 decided to stop?

21 A. Started to rain, started to get cold.

22 Q. And what did he say he did next?

23 A. Well, he came back to Modesto.

24 Q. Did he tell you whether or not he made any attempts

25 to contact his wife? Did he tell you the name of his wife?

26 A. Yes.

27 Q. What was that?

28 A. Laci.

464

1 Q. Okay. Did he tell you whether he made any attempts

2 to contact Laci while he was either at the marina or on his

3 way home?

4 A. Yes.

5 Q. What did he say?

6 A. He said he attempted to call her two times on his

7 cell phone.

8 Q. And did he say whether he was ever successfully

9 able to reach her?

10 A. He said he was not able to reach her.

11 Q. Okay. What did he tell you about -- did he tell

12 you what time he arrived home?

13 A. It was about 4:30 in the afternoon.

14 Q. And did he tell you what he did?

15 A. He didn't find Laci or she wasn't home at the time.

16 She took a -- or he took a shower, you know, changed his

17 clothes, tried calling some more friends, relatives, see if

18 they've heard from her. They hadn't.

19 Q. Okay. Did he tell -- let's go back. Did he tell

20 you whether or not he went straight home from the marina

21 with the boat at home or whether or not he took the boat

22 first to his shop? Did he mention that to you?

23 A. Yes.

24 Q. What did he say?

25 A. That he dropped the boat off back at the warehouse.

26 Q. And then you said he told you that he went home?

27 A. Yes.

28 Q. And the 16 -- the 4:30 time, did he tell you, was

465

1 that the time he arrived at his house or was that the time

2 he arrived at his shop?

3 A. I believe it's when he arrived at his house.

4 Q. And did he tell you whether or not he observed

5 anything unusual upon coming home?

6 A. That his dog was in the backyard with the leash on

7 him.

8 Q. So he told you that his dog was in his own

9 backyard?

10 A. Yes.

11 Q. But it had a leash attached?

12 A. Yes.

13 Q. And did he say anything about the condition of the

14 rear doors to his home?

15 A. That they were unlocked.

16 Q. And did he tell you anything about where his wife's

17 vehicle was located?

18 A. It was still parked in the driveway.

19 Q. And then did he -- so then he told you that he went

20 inside the house?

21 A. Yes.

22 Q. Okay. And what did he tell you he did next?

23 A. Well, he -- he was hungry, so he took the pizza

24 out, had a couple slices of pizza, and then he changed his

25 clothes, and he took a shower.

26 Q. Did -- were you one of -- were you the first

27 officer to respond to this particular call?

28 A. Yes.

466

1 Q. And what other officers were also dispatched to the

2 call?

3 A. Officer Derek Letsinger, Officer Matt Spurg --

4 Spurlock, and Sergeant Byron Duerfeldt.

5 Q. Now, this interview with the -- with the defendant,

6 was this taking place in the park?

7 A. The initial interview was, just real briefly, and

8 then a decision was made to go back to their residence over

9 on Covena.

10 Q. Okay. And why was that decision made?

11 A. Because that's the last known location that Laci

12 was seen. So I thought it would be best to start there.

13 Q. Okay. And did -- did you then continue the

14 interview with the defendant at the house?

15 A. Yes.

16 Q. And so what you've told us took place kind of in

17 two different locations?

18 A. Yes.

19 Q. Did -- how did -- you first met up with the

20 defendant at the park?

21 A. Yes.

22 Q. How did you all then get back to the house?

23 A. Everyone took their own vehicles.

24 Q. Okay. So you didn't transport the defendant?

25 A. No.

26 Q. You just met back up with him at the house?

27 A. Yes.

28 Q. Did you fill out -- sometime during the evening,

467

1 did you fill out a missing persons form for the Modesto

2 Police Department?

3 A. Yes.

4 Q. And is that a -- is that a standard kind of --

5 standard form that's used in circumstances like this?

6 A. Yes.

7 Q. Is there a copy of it in front of you?

8 A. Yes.

9 Q. It's marked as what? People's 81?

10 A. That's correct.

11 Q. Okay. If you could take a look at that, who gave

12 you all of the information on that report?

13 A. Scott Peterson.

14 Q. And just going down that report from -- kind of

15 from the beginning, what -- what information did you ask him

16 for? Did you ask him for the name of his wife?

17 A. Yes.

18 Q. And it was Laci Peterson; correct?

19 A. That's correct.

20 Q. And it's -- you've checked a box on there, "adult."

21 There's a box for "adult or juvenile"; right?

22 A. Correct.

23 Q. And then you put the Modesto Police Department case

24 number on there?

25 A. That's correct.

26 Q. And then going down, it looks like you've got the

27 date and time that she was reported missing, and that was

28 December 24th, 2002, at 6:04 PM?

468

1 A. Correct.

2 Q. And is that the time when you spoke to defendant,

3 or is that the time when the initial call came in?

4 A. I believe that is the time when I spoke with him

5 initially.

6 Q. And then you got her sex, her race, height, weight,

7 her date of birth, general identifying features; right?

8 A. Correct.

9 Q. And her age was 26 years old?

10 A. Correct.

11 Q. Did you ask the defendant when he last saw Laci

12 Peterson what clothes she was wearing?

13 A. Yes, I did.

14 Q. And how did he describe that?

15 A. It was like a light long-sleeve shirt.

16 Q. Well, you wrote W-H-T. What does that mean?

17 A. White.

18 Q. Okay. Long-sleeve shirt. And what color of pants?

19 A. Black pants.

20 Q. Did you ask him for any greater description than

21 that, like the manufacturer or any of that kind of specific

22 detail?

23 A. No.

24 Q. Is that -- is this form a normal -- all right. Did

25 you fill out this form the way you would in any other

26 missing persons case?

27 A. Yes.

28 Q. Did you ask her -- him what jewelry that Laci

469

1 Peterson was wearing when the defendant last saw her?

2 A. Yes.

3 Q. And what was that?

4 A. Wearing a diamond ring, diamond earrings, and a

5 diamond necklace.

6 Q. And you asked him for any identifying marks on her

7 body, correct, like a tattoo or a scar?

8 A. That's correct.

9 Q. And Laci had a sunflower tattoo on her left ankle

10 and a scar on her torso; is that right?

11 A. That's correct.

12 Q. And did you ask him the location where he had last

13 seen Laci Peterson?

14 A. Yes.

15 Q. And where was that?

16 A. At the residence, 523 Covena.

17 Q. And you asked him for a probable destination; is

18 that right?

19 A. Yes.

20 Q. Is that a standard question?

21 A. Yes.

22 Q. And what did the defendant tell you?

23 A. That she was going to go walk the dog that morning

24 at the park.

25 Q. Okay. And the park that you've been describing, is

26 that also referred to as Dry Creek Park?

27 A. Yes.

28 Q. And then at the bottom of the narrative section,

470

1 you asked the defendant -- it says "narrative." Is that

2 just like a brief summary of the circumstances of what

3 you're investigating?

4 A. Exactly.

5 Q. And what -- what narrative did you put in for that?

6 A. "The RP," reporting person, "husband left the MP,"

7 which is the missing person, "at home about 0930 hours and

8 went fishing. RP returned home at 1630 and discovered eight

9 month pregnant wife, missing person, was missing."

10 Q. And then where does this information go once you've

11 filled it out?

12 A. I -- I took it to records and they enter it into

13 the missing person database.

14 Q. And did you do that in this case?

15 A. Yes.

16 Q. Now, did -- you asked the defendant for permission

17 to enter his home and basically look through it?

18 A. Yes.

19 Q. And what was the reason for that?

20 A. Well, wanted to eliminate the residence, make sure

21 she wasn't there, definitely she wasn't at the house or the

22 surrounding area around the house.

23 Q. Is that standard procedure in a missing persons

24 case?

25 A. Yes.

26 Q. To -- let me even go further. If you have a last

27 known location of an individual, is it standard procedure

28 for the Modesto Police Department to search that last known

471

1 location?

2 A. Yes.

3 Q. So, for example, if the last known location was the

4 swing set down at La Loma Park, would it be normal procedure

5 then for the Modesto Police Department to search the

6 surrounding area around the swing set at La Loma Park?

7 A. Yes.

8 Q. Did you go into 523 Covena?

9 A. Yes, I did.

10 Q. And who was present with you?

11 A. Officer Spurlock and Officer Letsinger.

12 Q. And what about the defendant?

13 A. Not the initial entry.

14 Q. And why was that?

15 A. I -- we just kept him outside in front of the house

16 while we went in and, you know, looked around.

17 Q. Okay. And did you tell him that you were going to

18 go into the house?

19 A. Yes.

20 Q. And did you ask his permission to do that?

21 A. Yes.

22 Q. And he did consent; I mean, he did allow you to do

23 that?

24 A. Yes.

25 Q. Did you look through the entire house?

26 A. Yes.

27 Q. By saying that, did you look in great detail,

28 opening drawers, lifting up carpets, you know, overturning

472

1 furniture? Did you do that type of search?

2 A. I only looked in areas that a person might be able

3 to be.

4 Q. Okay. So you looked in rooms probably?

5 A. Yes.

6 Q. And did you look in the bathrooms?

7 A. Yes.

8 Q. And did you pull the shower curtains back?

9 A. Yes.

10 Q. And did you look in closets?

11 A. Yes.

12 Q. Okay. Any other place I missed?

13 A. That about covers it.

14 Q. Okay. And did it appear in the home that anything

15 was out of place?

16 MR. McALLISTER: Objection. Calls for speculation.

17 MR. DISTASO: Well, I can -- I'll rephrase it, Your

18 Honor.

19 Q. Was there any glaring information in the home, such

20 as overturned furniture, the house was ransacked or anything

21 of that nature?

22 A. No.

23 Q. Did -- taking a look at the photographs in front of

24 you, I think it's -- starts with People's 48, and if you

25 could just kind of using the diagram just -- if I can get

26 you a pointer.

27 THE COURT: Which diagram is that?

28 MR. DISTASO: That is People's 79. I'm just going to

473

1 get the pointer.

2 Q. If you could just, for the Court, go through the

3 photographs. Just start with People's 48 and just point out

4 where those -- either those locations are in the home or

5 where those items in the photographs are.

6 A. And you want me to reference it on the diagram up

7 here?

8 Q. Please.

9 A. Okay. People's 48's the bucket with the two mops,

10 and that was located right in here.

11 Q. Okay. And that was located on the outside stoop

12 area?

13 A. Yes.

14 Q. And did you observe that bucket with the mop inside

15 when you came in?

16 A. Yes.

17 Q. Did you ask the defendant about that?

18 A. No.

19 Q. All right. As part of the patrol officer's duties,

20 is it your job or your duty to do detailed investigations

21 of --

22 MR. McALLISTER: Objection. Leading question.

23 THE COURT: Sounds like it's going to be. Can't rule

24 on it until I hear the whole question, though.

25 MR. DISTASO: Well, it sounds like it was going that

26 way, Your Honor. So I'll rephrase it.

27 Q. What's the difference between your job as a patrol

28 officer and like the responding detective's job? Can you

474

1 explain that for the Court?

2 A. To conduct an initial investigation, try to

3 determine if there's, you know, foul play or maybe something

4 else was going on.

5 Q. And then what's -- compare that with what's the

6 detective's job?

7 A. They do an investigation, but it's a lot more

8 depth, you know, a lot more in-depth statements, just a lot

9 more detail.

10 Q. Okay. Is it part of the patrol officer's job to --

11 or do -- let me just ask you this. In this particular case,

12 did you kind of just freeze the area to wait for the

13 detectives to arrive?

14 MR. McALLISTER: Objection. Leading question.

15 THE COURT: Sustained.

16 MR. DISTASO: Q. Or tell me, tell me what you did

17 regarding this particular house, if anything, in preparation

18 for the detectives arriving -- arrival.

19 A. The house was secured to make sure that no family,

20 no friends, no neighbors would come in and out. We

21 basically froze the residence and called out, you know,

22 investigations.

23 Q. Okay. And is that standard practice in your

24 department?

25 A. When there are facts that kind of lead to that

26 something might have happened, suspicious might have

27 happened, or criminal might have happened.

28 Q. Okay. Did you feel you had that situation here?

475

1 A. Yes.

2 Q. Okay. Let's go back. Going back to the

3 photographs, you showed me where the bucket was.

4 A. Correct.

5 Q. Just keep going through them. What's People's 49?

6 A. 49 is the two chairs. It's right here in this

7 kitchen nook area.

8 Q. Okay. You can go through them fairly quickly.

9 A. 50 is going to be this half wall. Let's see. I

10 don't remember all the pigeonholes were at.

11 Q. That's all right. That's fine. Do you remember

12 seeing that particular little bookend area?

13 A. Somewhere, but I don't remember where it's at.

14 Q. Okay. You remember seeing that picture somewhere

15 in the house; correct?

16 A. Yes. This is -- 51 is of the kitchen. Right here.

17 52 is of the kitchen, refrigerator. Right here.

18 53 is the kitchen, picture of the sink.

19 54 is going to be the picture of the counter and I

20 guess it's the family room right here.

21 55 is going to be the -- it's the dining room area

22 right here.

23 56 is the family room.

24 59's the -- down the hallway from the formal dining

25 room area. I'm sorry. 57.

26 58 is, once again, a picture of the -- on this sofa

27 area in the family room.

28 59 I believe is -- I can't tell what 59 is.

476

1 Q. Okay. Can you hold it up to me so I can see it?

2 A. (Witness complied.)

3 Q. What -- do you remember seeing this particular

4 location at the house that night?

5 A. It does look familiar.

6 Q. Okay. But you can't say for sure?

7 A. I can't say what door that is.

8 Q. All right. It's just in -- for the record, it

9 looks like it's kind of a half -- kind of just a photograph

10 of a half window; is that correct?

11 A. Yes.

12 Q. Okay. Go ahead.

13 A. 60 is the picture of the -- I guess it would be

14 like a half-bathroom right here.

15 61 is the washroom -- not washroom, but it's the washer

16 and dryer like in this little closet area in the family

17 room.

18 62 is the family room. It's this exterior door that

19 leads out into the backyard area.

20 Q. And, Detective Evers, let me ask you this before we

21 keep going. This particular house, did it have a garage?

22 A. No.

23 Q. Okay. Go ahead.

24 A. It --

25 Q. I mean, did it have a -- where were the cars

26 parked?

27 A. In the driveway.

28 Q. Go ahead. Keep going.

477

1 63?

2 A. 63 is going to be -- I think it's from -- I think

3 it's from here, taking a view a little bit of the nurse -- I

4 think that's the nursery.

5 Q. Okay.

6 A. And 64 is going to be of the nursery, standing in

7 the hallway taking a picture of the nursery.

8 65 is the nursery.

9 66 is the nursery with the rocking chair or glider.

10 It's a glider.

11 67 is going to be the main hallway, shooting towards I

12 guess it would be the master bedroom.

13 68's going to be this intersection of hallway. You can

14 see a little bit of the master bedroom or actually just the

15 door and then into the dark space of the spare bedroom.

16 69 is a photograph of the master bedroom's dresser.

17 70 is a bed in the master bedroom.

18 71's the closet in the master bedroom.

19 72 is this -- is the bathroom right off of the main

20 hallway.

21 73 is standing in the master bedroom and taking a

22 photograph down the hallway.

23 74 is a photograph of the closet of the master bedroom,

24 doors open.

25 75 is a photograph of a purse hanging up in the closet

26 of the master bedroom up on the wall.

27 Q. Which one was that? 75?

28 A. 75.

478

1 Q. Okay.

2 A. 76 is standing in this area of -- I guess it's like

3 a dining nook towards the formal dining room area.

4 77 is the spare bedroom portion of the bed.

5 78 is the -- in the spare bedroom of the closet.

6 Q. Okay. Thank you.

7 THE COURT: Just to make the record clear, the upper

8 left bedroom is the master bedroom, the upper right being a

9 spare bedroom, and the one right below that being the

10 nursery.

11 MR. DISTASO: That's fine.

12 Q. Detective, just so we can use this later and

13 probably make a little bit more sense, can you write which

14 one -- can you just write in pen on the diagram where the

15 master -- do you have a pen or I can get you one?

16 A. I don't have a pen.

17 Q. Okay. Can you just write on there, just call them

18 spare bedrooms 1 and 2 and then the master bedroom? Oh,

19 yeah, actually call it spare bedroom, nursery and master

20 bedroom.

21 A. (Witness complied.)

22 MR. GERAGOS: Rick, that's 79?

23 MR. DISTASO: Yeah, 79.

24 Thank you. You can go back and resume your seat.

25 Q. The -- now, when you took the -- when you did this,

26 went through this whole house, did -- did you ask the

27 defendant if any of Laci's personal effects were missing?

28 A. Yes.

479

1 Q. Like, what did you ask him about? What kind of

2 things were you interested in?

3 A. I wanted to know if her purse, if her cell phone

4 were in the residence.

5 Q. And is that a standard thing you ask in a case

6 involving a missing woman?

7 A. Yes.

8 Q. And what did the defendant tell you?

9 A. Well, he told me that she usually keeps her purse

10 either at the front door of the formal dining room area, or

11 she hangs it up in the closet of their bedroom.

12 Q. And did you go to those locations and see if Laci's

13 purse was there?

14 A. Yes.

15 Q. And did you find her purse?

16 A. Yes.

17 Q. What did you do with it, if anything?

18 A. I just left it there.

19 Q. Okay. And one of the pictures you told us about, I

20 think it's People's 75, is that a picture of the purse in

21 the -- hanging in the closet?

22 A. Yes.

23 Q. And the defendant identified that as Laci

24 Peterson's?

25 A. Yes.

26 Q. Regarding the bucket, I'm pretty sure that is

27 People's 48. Did you notice any water or wetness around the

28 area where bucket was when you arrived?

480

1 A. I didn't personally observe that.

2 Q. You what?

3 A. I didn't notice it when I arrived there.

4 Q. Did you speak to Officer Spurlock that night about

5 what he saw regarding the bucket?

6 A. Yes.

7 Q. What did he tell you?

8 MR. McALLISTER: Objection. Hearsay.

9 MR. DISTASO: Sixteen years as a police officer, Your

10 Honor.

11 THE COURT: If you're doing it under 115, I'll allow

12 it.

13 MR. DISTASO: That's fine.

14 Q. Go ahead.

15 A. He told me that the ground that -- the concrete

16 that the bucket was on, it was damp.

17 Q. It was damp?

18 A. Or wet, yeah.

19 Q. And did he tell you -- did he explain to you

20 whether it was -- did he explain to you that in any more

21 detail?

22 A. No.

23 Q. And then were you present when -- were you present

24 sometime that evening for a conversation between the

25 defendant and Ron Grantski or a man who was identified to

26 you as the father-in-law of the defendant? Were you present

27 during an exchange of words then?

28 A. Yes, I was.

481

1 Q. And what -- can you tell the Court what happened

2 then?

3 MR. McALLISTER: Objection. Hearsay.

4 MR. DISTASO: Again, Your Honor, all of these -- maybe

5 we can have a continuing objection, because these are all

6 going to be Prop. 115 type responses.

7 THE COURT: Sounds like it, Mr. McAllister, so the

8 Court will allow it under Prop. 115.

9 MR. DISTASO: Q. Go ahead, Detective.

10 A. I was standing in the front yard of the residence,

11 and Scott was standing next to me, and a gentleman walked

12 up, he said he was the stepfather of Lacy. He asked Scott

13 if he was able to go golf today or golfing today.

14 Q. And what did the defendant respond?

15 A. He said that it was too cold and that he went

16 fishing instead.

17 Q. And then what happened?

18 A. Well, the stepfather, he said -- he said, "You mean

19 going -- going fishing 9:30 or 10:00 in the morning. Boy,

20 that's late to go fishing."

21 Q. And did the defendant make any response to that?

22 A. Not that I can remember.

23 MR. McALLISTER: Objection. That's not a question. He

24 can't be expected to make a response to it.

25 THE COURT: Overruled.

26 MR. DISTASO: Q. Go ahead.

27 A. I don't remember, no.

28 MR. DISTASO: No further questions.

482

1 THE COURT: Mr. McAllister.

2 MR. McALLISTER: Thank you, Your Honor.

3 MR. DISTASO: I'm sorry, Your Honor. I do have some

4 additional questions. My apologies.

5 THE COURT: Go ahead.

6 MR. DISTASO: Q. Who was the first responding

7 detective.

8 A. Detective Brocchini.

9 Q. And were you present during some of Detective

10 Brocchini's investigation?

11 A. Yes.

12 Q. And when I mean "present," what was your purpose in

13 that? Were you with him, following him around? What was

14 your -- or were you just standing there? Explain that to

15 the Court.

16 A. I just accompanied him wherever Scott went with

17 the -- with Brocchini, then I went with him.

18 Q. Did -- were you present when -- were you present --

19 did Detective Brocchini or yourself ask the defendant if he

20 had any type of receipt or anything to show where he'd gone

21 fishing that day?

22 A. Did the detective ask him that?

23 Q. Yeah.

24 A. No, I asked him that.

25 Q. And what did he say?

26 A. He said that he had a parking receipt from the

27 marina.

28 Q. And did he show you that?

483

1 A. Yes, he did.

2 Q. While I'm having this marked, did the defendant

3 ever tell you or the detective or any of the other officers

4 that you're aware of what he was fishing for that day?

5 A. No. Or -- yeah.

6 (Exhibit 82 was marked for

7 identification.)

8 MR. DISTASO: Q. Did you ask him?

9 A. I didn't ask him.

10 Q. Did any other officer ask him?

11 MR. McALLISTER: Objection. Calls for speculation.

12 THE COURT: Sustained.

13 MR. DISTASO: Q. Well, were you present when any other

14 officer asked him?

15 A. Yes.

16 Q. Who was that?

17 A. Officer Spurlock.

18 Q. What was the -- tell me what Officer Spurlock asked

19 him.

20 A. He asked him what was he fishing for.

21 Q. And what was the defendant's response?

22 A. He couldn't say.

23 Q. Did he -- let me show you People's 82. Do you

24 recognize this?

25 A. Yes, I do.

26 Q. And what is that?

27 A. It's a receipt for a parking lot.

28 Q. And is that a copy of the receipt to the Berkeley

484

1 Marina that the defendant handed you?

2 A. Yes, it is.

3 Q. And after he handed it to you, what did you do with

4 it?

5 A. I gave it to Detective Brocchini.

6 Q. Now, were you -- after you were at the 523 Covena

7 Avenue address, did you go with the defendant and Detective

8 Brocchini anywhere else?

9 A. Yes.

10 Q. Where was that?

11 A. We went to Scott Peterson's place of employment on

12 Emerald.

13 Q. And that's the 1027 North Emerald address?

14 A. Yes.

15 Q. And what happened when you were there?

16 A. We walked into the -- to the office area, and

17 Detective Brocchini asked him about the lights, he didn't

18 have any lights on; and Scott said that there was no

19 electricity.

20 Q. So did you then -- did anyone attempt to turn the

21 lights on? Or let me ask you this. Did you attempt to turn

22 the lights on?

23 A. No.

24 Q. Did the defendant ever offer to somehow produce

25 lighting in the shop?

26 A. No.

27 Q. And did -- did you somehow or Detective Brocchini

28 produce lighting in the shop?

485

1 A. Yes.

2 Q. How did you do that?

3 A. Right next to the office door there was a huge

4 rollup door of the warehouse. So the warehouse door was

5 rolled up. Detective Brocchini had turned his headlights on

6 from his vehicle and shined them into the warehouse area.

7 Q. Okay. When he did that, do you know what the

8 purpose of that was for?

9 A. Well, they were there to examine the boat.

10 Q. Okay. And let me show you People's 47. Do you

11 recognize the boat in that picture?

12 A. Yes, I do.

13 Q. And how do you recognize it?

14 A. Well, it's the boat that was parked in the

15 warehouse that night.

16 Q. Okay. So that particular boat when you saw it on

17 the 24th of December was parked in the warehouse?

18 A. Yes.

19 Q. And were you able to see any -- through -- by

20 Detective Brocchini shining his headlights there into the

21 bay?

22 A. Yes, and also the use of a flashlight.

23 Q. Okay. So the lighting sources that you used were

24 flashlights?

25 A. Yes.

26 Q. You had a flashlight?

27 A. Yes.

28 Q. And did Detective Brocchini have a flashlight?

486

1 A. Yes.

2 Q. And Detective Brocchini also put his -- shined his

3 headlights into the bay door?

4 A. Yes.

5 Q. From his car?

6 A. Yes.

7 Q. At any time did the defendant offer to turn the

8 lights on in the shop or make any alternate arrangements for

9 lighting?

10 A. No.

11 Q. Were you present when Detective Brocchini took some

12 photographs of the shop area?

13 A. Yes.

14 Q. And did you see him take any photographs of the

15 boat?

16 A. Yes.

17 MR. DISTASO: I have no further questions, Your Honor.

18 THE COURT: Mr. McAllister.

19 MR. McALLISTER: Thank you.

20

21 CROSS-EXAMINATION

22

23 MR. McALLISTER: Q. When you first -- do you remember

24 what time you got the call from dispatch to go somewhere

25 relating to this case?

26 A. Yes.

27 Q. What time?

28 A. It's about 5:48 in the evening.

487

1 Q. And what -- where did you initially go?

2 A. I was going to go to the address on -- I believe it

3 was Marklee Way where the call originated from.

4 Q. And did something change your direction?

5 A. Yes.

6 Q. And so where did you go?

7 A. To the park, East La Loma Park.

8 Q. And at that point how many -- who did you first

9 meet up with?

10 A. Scott Peterson; Laci's mother, Sharon; a relative

11 that was with Sharon, a female I don't know, I think it was

12 an aunt; one or two other family members that were

13 immediately in this group.

14 Q. And so there was a group of people together when

15 you first got there which included Sharon Rocha, Scott

16 Peterson, and some other family members?

17 A. Yes.

18 Q. They were standing together?

19 A. Yes.

20 Q. And what was the -- what -- could you describe the

21 general attitude that people had? Were people kind of

22 frantic?

23 A. I remember Laci's mom Sharon crying, very, very,

24 very upset. Scott, when he walked up, he appeared to be

25 very upset; and the other family members, just concerned.

26 Q. Uh-huh. And you were the first officer arriving;

27 right?

28 A. Yes.

488

1 Q. So did people kind of come and gather around you?

2 A. Yes.

3 Q. And what they were telling you was that --

4 generally was that Laci was missing? Was that the general

5 tenor that you got from these people? Right?

6 A. Yes.

7 Q. And then what did you do there at that scene while

8 that was going on then? What did your duties include?

9 A. Well, I initially talked to, you know, Scott. I

10 then -- I requested two more units and a supervisor to meet

11 me there.

12 Q. Okay. Well, probably sometimes you get calls that

13 are, you know, I can't find somebody and they may have

14 walked away from the house, and then by the time you get

15 there, the person's back there. You've gotten those kind of

16 calls; right?

17 A. Yes.

18 Q. And just from the tenor of how upset Scott Peterson

19 was, Sharon Rocha was, did you get the immediate sensation

20 that this was possibly a serious situation?

21 A. Yes.

22 Q. Okay. And that's why you called for some more

23 patrol cars and a supervisor?

24 A. Yes.

25 Q. And so then did the other patrol cars meet at the

26 park?

27 A. Yes.

28 Q. Meet you at the park? And who were those? Do you

489

1 remember who those officers were?

2 A. That was Officer Letsinger, Officer Spurlock, and

3 Sergeant Duerfeldt.

4 Q. Okay. So the supervisor would be the sergeant

5 there?

6 A. Yes.

7 Q. Right? And then how long were you at the park --

8 well, let's say -- I think I asked you when you were

9 dispatched. How long did it take you or what time was it,

10 let's say, when you got to the park?

11 A. Just right around 6:00 o'clock.

12 Q. 6:00 o'clock?

13 A. Yes.

14 Q. Okay. Then how long were you at the park, roughly?

15 A. Twenty minutes.

16 Q. Okay. And what was going on in those 20 minutes?

17 A. Just talking to the family and trying to get, you

18 know, as much information as possible.

19 Q. And did -- was there a dog there?

20 A. Not at that time, no.

21 Q. Okay. That would have been some other -- Scott

22 didn't have the dog McKenzie there?

23 A. Oh, I'm sorry. I'm sorry. I thought you were

24 referring to a police dog. Yes, Scott did have the dog.

25 Q. So he had the family dog?

26 A. Yes.

27 Q. Separated from the police dog. Police dogs would

28 show up later; right?

490

1 A. That's correct.

2 Q. But the family dog was there and Scott had that dog

3 on a leash at that time?

4 A. Yes.

5 Q. Did you see Scott walking around with the dog at

6 any time while you were down at the park?

7 A. No.

8 Q. What -- were people searching while you were

9 talking to the family members? Were there other people

10 around yelling, you know, "Laci, Laci," things like that?

11 A. Yes.

12 Q. And so there were people -- were there friends

13 there, too, I mean, other than just family members? I mean,

14 to your knowledge?

15 A. Yes.

16 Q. There were quite a few people there looking

17 already?

18 A. Yes.

19 Q. And then you're there for roughly half an hour?

20 A. Twenty minutes.

21 Q. Okay. And then after that, where did you go?

22 A. Went to the residence.

23 Q. Okay. That would be 523 Covena?

24 A. Yes.

25 Q. And the reason for doing that was that was the last

26 place that Laci had been seen?

27 A. Yes.

28 Q. (Coughing) Pardon me. I'm trying not to get too

491

1 close to you.

2 Now, when you got to the residence, 523 Covena, while

3 you were there, did other friends or family arrive?

4 A. Yes.

5 Q. Did that continue for quite a while? You were

6 there quite a while, weren't you?

7 A. Yes.

8 Q. Did -- during the entire time you were there, did

9 people come and arrive who had been alerted one way or the

10 other to this problem?

11 A. Yes.

12 Q. And were some people being sent out to go and check

13 with neighbors and stuff of the people who arrived --

14 A. Yes.

15 Q. -- to see if any of them had seen Laci?

16 A. Yes.

17 Q. Right? And that wasn't all being coordinated by

18 the police; right? I mean, neighbors were offering to go

19 and check and --

20 A. Yes.

21 Q. -- you, as the officer, or Sergeant Duerfeldt, as

22 the supervisor, weren't assigning friends and family members

23 to do different jobs; right?

24 A. No.

25 Q. Everybody wanted to help; right?

26 A. Yes.

27 Q. And they would -- they would all divide up chores

28 and would you -- would you describe generally the feeling

492

1 continuing at the house as one of kind of anxiety and worry?

2 A. Yes.

3 Q. And were people -- while you were there, were

4 people -- was anybody phoning hospitals?

5 A. Not that I know of.

6 Q. Do you know if hospitals were called that evening

7 by anyone?

8 A. Yes.

9 Q. And do you know where that -- who was calling?

10 A. I think dispatched called.

11 Q. Okay. But you don't know of any civilians calling?

12 A. No, I don't.

13 Q. Or if civilians were calling, you wouldn't know

14 about it necessarily?

15 A. I don't -- no.

16 Q. Okay. Now, when you got up to 523 Covena, you

17 are -- you all arrive in separate vehicles; right?

18 A. Yes.

19 Q. Scott Peterson's in one vehicle?

20 A. I don't know how he got there.

21 Q. Okay. You don't know if he walked back up or was

22 in a car or anything; right?

23 A. No.

24 Q. You describe a couple of conversations that you had

25 with him, one down at the park, I think, and then another at

26 the house; right?

27 A. Yes.

28 Q. Now, I mean, when he came back to the house, he

493

1 came there by himself; right?

2 A. I don't know how he came back to the house.

3 Q. Well, I mean, he didn't come in a patrol car;

4 right?

5 A. No.

6 Q. He wasn't a suspect in anything; right?

7 A. No.

8 MR. DISTASO: Objection, Your Honor.

9 MR. McALLISTER: Q. Well, this is a missing persons

10 investigation; right?

11 A. Yes.

12 MR. DISTASO: I withdraw that.

13 THE COURT: Counsel rephrased, so --

14 MR. DISTASO: He did. That's fine.

15 MR. McALLISTER: Q. The questions you're asking of

16 Mr. Peterson are intended to enlighten you as to anything

17 that might give you a clue as to Laci Peterson's

18 whereabouts, not to try to remember details to try to trip

19 up Mr. Scott Peterson. Is that an accurate statement?

20 A. Yes.

21 Q. Okay. Now, when you -- and was he being

22 cooperative with you?

23 A. Yes.

24 Q. Now, when you then got to the house, you -- were

25 the other officers, did likewise Spurlock, Lightsinger -- is

26 that the name?

27 A. Letsinger.

28 Q. Letsinger and Sergeant Duerfeldt, did they also all

494

1 come to the house?

2 A. Yes.

3 Q. And what time did you arrive at the house?

4 A. I think it was about 6:20 or 6:23.

5 Q. Okay. Is your police report of any assistance in

6 figuring out exactly what time you came to the house?

7 A. It probably would be, sir, yes.

8 Q. Why don't you take a look, if you can find a time

9 on that.

10 A. (Witness reading.)

11 My report, it's not in my report, but if I refer to the

12 actual call incident that night, it would assist me.

13 Q. Okay. You've got your printout from the radio

14 dispatcher; right?

15 A. That's correct.

16 Q. And what unit were you on the radio log?

17 A. M41.

18 Q. Okay. And so does that show you when you got to

19 Covena?

20 A. I believe so, yes.

21 Q. Okay. What time is that? Does that refresh your

22 recollection?

23 A. Yes, it would.

24 Q. What time was that, sir?

25 A. 1825 hours, which is 6:25 PM.

26 Q. So you were pretty much on the money when you said

27 20, 25 minutes?

28 A. Yes.

495

1 Q. That would be 6:25 PM?

2 A. Yes.

3 Q. Now, how long was it before you left the residence

4 that evening? Does that also show on there?

5 A. Yes.

6 Q. What time was that? Or more properly, looking at

7 that, does that refresh your recollection about it?

8 A. Let me find when I changed my location.

9 Okay. About 11:13 PM.

10 Q. Okay. And where did you go at around 11:13?

11 A. I drove over to the warehouse on North Emerald.

12 Q. Okay. So you were at the house then from 6:25 to

13 roughly 11:13?

14 A. Yes.

15 Q. Now, you have shown us -- well, let me back up for

16 a second.

17 You were asked several questions about the missing

18 persons report, and when was that filled out? When was that

19 document filled out?

20 A. Right before I was about to leave to go to the

21 warehouse.

22 Q. Okay. Okay. So that would be -- what? -- around

23 11:00 PM then?

24 A. That's correct.

25 Q. So roughly. And was it roughly around 11:00 PM

26 when you wrote down the information on the document, then?

27 A. Yes.

28 Q. And was it roughly around 11:00 PM when you got the

496

1 information from Mr. Peterson?

2 A. Yes.

3 Q. Then with that, did you send out a BOL or had that

4 already been done?

5 A. I earlier put out a message on the computer to all

6 the units, you know, the BOL for the person, for Laci.

7 Q. Does that show what time you put out the BOL?

8 That's "be on the lookout," for the uninitiated.

9 A. Pardon me?

10 Q. I was just making an aside there. BOL means be on

11 the look out; is that correct?

12 A. That's correct.

13 Q. Okay. What time was the BOL?

14 A. I don't know.

15 Q. And what information went out on the BOL as opposed

16 to the missing persons information?

17 A. I'm sorry. I do have a record of it right here.

18 It was put out at 11:08, so it wasn't that much earlier than

19 when I did the report.

20 Q. Okay. So the BOL goes out at 11:08?

21 A. Right.

22 Q. PM. Had there been any earlier message out to law

23 enforcement through the radio or computer system relating to

24 this missing person?

25 A. I think there was, yes.

26 Q. Okay. What was that?

27 A. I think that there was a message put out on the

28 computers or MDT's.

497

1 Q. And MDT's are your mobile data --

2 A. Terminals.

3 Q. -- terminals?

4 A. Yes, sir.

5 Q. And those are those cool computers in the patrol

6 cars; right?

7 A. Yes.

8 Q. Now, what time did that go out?

9 A. Sometime between -- probably about 6:30 to

10 11:00 o'clock.

11 Q. Okay. And you're just saying that because it had

12 to have been in that period of time and not because of

13 anything that shows on your -- the document with which

14 you're refreshing your recollection; is that right?

15 A. No.

16 Q. Is that correct?

17 A. That's correct.

18 Q. What information went out on that earlier bit of

19 information about this missing person?

20 A. Just a general description of Laci, her name, being

21 eight months pregnant.

22 Q. Is that it?

23 A. Clothing. From what I can remember. I don't

24 remember --

25 Q. Well, maybe, in fairness, did you send out that

26 earlier alert that we don't have the time for?

27 A. No.

28 Q. Who did that?

498

1 A. I don't know.

2 Q. Did anyone?

3 A. I think so. I'm pretty sure, yes.

4 Q. Well, who are you pretty sure did it, if you know?

5 A. It could have been someone at dispatch. It could

6 have been the officer. It could have been the watch

7 commander. I don't know.

8 Q. Okay. Does -- while you're looking at that,

9 jumping around with it, but let me jump around.

10 While you're refreshing your recollection about exact

11 times from the dispatch records, the photographs that you

12 were shown, which are right here what are numbered 48

13 through 78, those are the pictures that Mr. Distaso was

14 asking you about taken at the house; right?

15 A. Yes.

16 Q. Did you take them?

17 A. No.

18 Q. Who took them?

19 A. I think it was our ID tech person, Doug Lovell.

20 Q. Okay. And does your radio dispatch printout there

21 reflect when Mr. Lovell showed up at 523 Covena?

22 A. I believe it does, yes.

23 Q. Could you look at that and provide us with that

24 information?

25 THE COURT: How much longer are you going to be,

26 Mr. McAllister?

27 MR. McALLISTER: Quite a bit.

28 THE COURT: You're not going to finish him today then?

499

1 MR. McALLISTER: Oh, I think not, no. I know not.

2 THE COURT: Let's finish this one and then we'll break

3 for the day.

4 (Pause.)

5 THE COURT: Maybe I'll give him the weekend to look for

6 it.

7 MR. McALLISTER: I think he's got it.

8 THE WITNESS: A lot of units there.

9 MR. McALLISTER: Okay.

10 THE WITNESS: ID tech, Doug Lovell, he was en route

11 about 11:30, and he arrived on scene about 11:35.

12 MR. McALLISTER: Q. Okay. So the photographs would

13 have been taken after you had left the residence?

14 A. Yes.

15 Q. And you didn't see Mr. Lovell before you left to go

16 over to the warehouse?

17 A. No.

18 Q. Is that accurate?

19 A. That's correct.

20 MR. McALLISTER: Okay. So -- okay. That would be a

21 good time to break, Your Honor.

22 THE COURT: 9:00 AM on Monday morning, Mr. Geragos.

23 MR. GERAGOS: Thank you very much, Your Honor.

24 THE COURT: 9:00 AM.

25 MR. DISTASO: Your Honor, so I guess we're going to

26 start with the defendant's DNA expert and then likely --

27 THE COURT: You're going to defer Detective Evers; is

28 that correct?

500

1 MR. DISTASO: I think that's what the plan is; right?

2 THE COURT: Is that okay with you, Mr. McAllister?

3 MR. McALLISTER: Sure. That's fine.

4 MR. DISTASO: And then I think we're going to put our

5 rebuttal DNA expert on after that and then we'll go back to

6 Detective Evers.

7 MR. HARRIS: That's what I was going to try to ask a

8 question, if we can get an estimate of counsel what they

9 kind of anticipate for their direct for their experts, if

10 they can give us some kind of --

11 THE COURT: About how long on direct?

12 MR. GERAGOS: Probably about an hour to ninety minutes.

13 THE COURT: That's what I'd say also. So I'd say be

14 lucky to finish him in the morning, looking at past

15 experience.

16 Bring your expert in the afternoon at your own peril.

17 The next day might be safer.

18 MR. HARRIS: Since he would be coming in from out of

19 state, we might do that.

20 THE COURT: Just have Detective Evers --

21 MR. DISTASO: He'll be available.

22 THE COURT: -- so he can fill in. 9:00 o'clock.

23 (Evening recess at 1:05 p.m.)