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1529
1 AFTERNOON SESSION
2 Monday, November 17, 2003 1:22 p.m.
3 THE COURT: Record show everyone is present.
4 Your next witness, Mr. Harris?
5 MR. HARRIS: Detective Hendee.
6
7 HENRY DODGE HENDEE,
8 called as a witness on behalf of the People, being first
9 duly sworn, was examined and testified as follows:
10
11 THE CLERK: Please have a seat, put the microphone on.
12
13 DIRECT EXAMINATION
14 MR. HARRIS: Q. Detective, can you spell your full --
15 tell us what your full name is and spell your last name for
16 the record?
17 A. Henry Dodge Hendee, H-E-N-D-E-E.
18 Q. And what is your occupation?
19 A. I'm a detective with Modesto Police Department.
20 Q. How long have you been employed with the Modesto
21 Police Department?
22 A. I have been employed with them since October, 1987.
23 So about 15 years. Prior to that, I have five and a half
24 years with another agency.
25 Q. All right. I want to direct your attention back to
26 December 27th of 2002 and ask if you were working in your
27 capacity as a detective in the service of a search warrant
28 at 1027 North Emerald, Suite B1?
1530
1 A. Yes, I was.
2 Q. Did you -- can you describe for the Court briefly
3 what that location is?
4 A. 127 North Emerald, Suite Number B1, is a warehouse
5 complex located on the west side of Emerald, on North
6 Emerald. It's actually two warehouses, one that runs east
7 and west directly next to the street, and the other one runs
8 north and south to the west of the first building. Scott
9 Peterson's warehouse was the furthestmost office or
10 warehouse on that second wing, the one that runs north and
11 south.
12 Q. And that location, that's here in Stanislaus
13 County?
14 A. Yes, it is.
15 Q. As the -- as your assignment that particular day,
16 were you given some particular task at that location with
17 regards to that search warrant?
18 A. Yes, I was.
19 Q. And what was that?
20 A. I was appointed as the search warrant team leader
21 for that assignment.
22 Q. And at some point in time did you go inside that
23 particular warehouse?
24 A. Yes, I did.
25 Q. Did you notice if there were -- let's get to the
26 point.
27 Was there a boat inside?
28 A. Yes, there was.
1531
1 Q. Can you describe for the Court what you saw with
2 regards to that boat?
3 A. The boat was aluminum 14-foot Game Fisher boat, it
4 was on top of a trailer. It was in the northeast end of the
5 warehouse, which would be up near the rollup door. There
6 was a 15-horsepower motor, was a Game Fisher brand as well,
7 on the end of the boat. The boat was -- had a capacity for
8 4 persons or 500 pounds. Very small boat.
9 Q. Anything nearby the boat?
10 A. Yes.
11 Q. What was nearby the boat?
12 A. There were -- there was a trailer, a flat pull
13 trailer with wooden planks on top of it. There was a lot of
14 product -- or pallets with Trade Corp. product throughout
15 the warehouse stacked on top, sometimes stacked on top of
16 each other going up fairly high. There was a forklift in
17 the middle of the warehouse. And next to the boat, there
18 was tools, some shelves, and some chemical products and so
19 forth down below that.
20 Q. In the area of the boat and this trailer, would you
21 say it was tight access or wide access, wide space?
22 MR. GERAGOS: Objection. Vague.
23 THE COURT: Sustained.
24 MR. HARRIS: Q. Can you describe for us how much room
25 was around the trailer and the boat?
26 A. It was pretty tight spaced.
27 In front of the boat and in front of the trailer, there
28 was a little more wide open area. But in between the boat
1532
1 and the wall and in between the boat and the trailer, it was
2 a fairly tight space, maybe -- if memory serves me right,
3 maybe a person or two could fit in there in between. But it
4 was fairly tight.
5 Q. And as part of your assignment of being the manager
6 of this particular search warrant, did you start to make
7 notations to yourself or either in a report about items that
8 you thought were of evidentiary value?
9 A. Yes, I did.
10 MR. HARRIS: I'd like to have marked as next in
11 order --
12 THE CLERK: 140.
13 THE COURT: 140?
14 THE CLERK: Yes. 140.
15 MR. HARRIS: 140.
16 (Whereupon, People's Exhibit 140 was marked for
17 identification.)
18 MR. HARRIS: Q. Detective, I'm going to show you
19 what's been marked now as People's Number 140 for
20 identification, ask you to look at that for a second, and
21 let us know if you recognize it?
22 A. Yes, I do.
23 Q. Can you tell us, tell the Court what that is?
24 A. This is a photograph taken of the trailer, the pull
25 trailer, the flat pull trailer that was in the warehouse
26 next to the boat, and it shows a picture of a number of
27 evidence placards that I had placed onto the trailer.
28 Basically, I see 28, 29, 30, 35, 36, 37, 38, 39, and 31.
1533
1 And it highlights --
2 MR. GERAGOS: There will be an objection. The document
3 speaks for itself. He's identified everything that's
4 visible on the picture.
5 THE COURT: He's already described it. I'll stop him
6 there. I'll sustain it after that point.
7 MR. HARRIS: Q. All right. Detective, the photograph
8 that you have, People's Number 140, does that accurately
9 depict the area of the trailer that you've described?
10 A. Yes.
11 Q. Now, looking up here at the diagram behind you that
12 is People's -- looks like People's 87, do you recognize this
13 diagram by Detective House?
14 A. Yes, I do.
15 Q. And does that diagram depict the general overall
16 location of the warehouse that we're talking about?
17 A. Yes, it does.
18 Q. Where in the diagram, if you can describe for the
19 Court, is what's depicted in that photograph in front of
20 you?
21 A. The top of the picture is, for this purposes,
22 north. And if you see this big flat square box with a whole
23 lot of little small circles, at the top of the box, that's
24 what's depicted in this picture here. Those are the item
25 numbers that I previously mentioned.
26 Q. So what's depicted in 140 shows on People's Number
27 87 in about the upper right third, more towards the middle
28 of that diagram?
|
1534
1 A. Yes. The only difference is that placards are
2 numbered 35, 36, and on this picture they say 135, 136. We
3 didn't have placards that went up that high. So everything
4 that's placarded with a number here, actually, you add a
5 hundred to it to make it so that it wouldn't be confused
6 with evidence that was recovered at the house earlier.
7 Q. All right. So with regards to the trailer that
8 you've described for us and those particular placards
9 depicted in People's Number 140, what did -- describe for
10 the Court what those placards represented.
11 MR. GERAGOS: Objection. Calls for speculation. The
12 placards are pictured in the picture, and there's no further
13 explanation needed. The document speaks for itself.
14 THE COURT: I assume they represent a location or
15 something. Overruled.
16 THE WITNESS: What the placard, some of them represent,
17 35, 36, 37, 38 and 39 represent an area on this trailer
18 where there had been cement powder, it looks like cement
19 powder poured out onto the trailer or spilling out onto
20 parts of the trailer.
21 These placards represent an area where there was a
22 little less powder, a voided area, if you will, something
23 had probably or most likely, in my opinion, been there --
24 MR. GERAGOS: Objection. Nonresponsive. No
25 foundation. Motion to strike.
26 THE COURT: That part is stricken, what he thinks. He
27 can just testify to what he saw.
28 MR. HARRIS: Q. Okay. Did that describe everything
1535
1 that you were talking about?
2 A. Well, they -- these placards represent a voided
3 area.
4 Q. The gray powder that you're describing, was there
5 anything that led you to come to some type of belief as to
6 what that was?
7 A. Yes.
8 Q. And what was that?
9 A. Excuse me. In the boat, identified there as
10 evidence item number 143, was a cement anchor or weight that
11 was inside the boat, and that was obviously made of cement,
12 and it -- and we tested it to see if it fit in this picture,
13 which is identified as evidence item number 128. On the
14 trailer, there was a plastic, one-gallon, clear pitcher, and
15 the weight apparently was made from that pitcher, it fit
16 perfectly into the mold --
17 MR. GERAGOS: Objection. Calls for speculation.
18 Motion to strike.
19 THE COURT: That part that's his opinion is stricken.
20 MR. HARRIS: Q. Okay. Without giving us the opinion,
21 did you take that weight and hold it up, match it to or do
22 something with regards to that clear plastic pitcher?
23 A. The weight was placed into the pitcher.
24 Q. Did it fit?
25 A. Yes, it did.
26 Q. Now, the weight that you found, where was that when
27 you originally found it?
28 A. In the boat.
1536
1 Q. Was there any type of rope or anything tied to it?
2 A. No. The weight has a metal rebar hook at the top,
3 it had been bent and encased in the cement weight.
4 Q. Did you also look kind of in and around that weight
5 in the boat?
6 A. Yes.
7 Q. Did you notice anything around the weight?
8 A. Yeah, there were other items of evidence that we
9 collected from there, but one of those was a pair of pliers.
10 Q. And when you first saw the pair of pliers, where
11 was it?
12 A. It was underneath the middle bench seat that runs
13 the width of the boat, it was underneath that and partially
14 behind the metal center anchoring support bracket, if you
15 will, for the seat.
16 Q. Now, in front of you, do you see a photograph of
17 the boat with the pair of pliers in it?
18 A. Yes, I do.
19 Q. And what exhibit number is that?
20 A. I think it's 88 maybe, People's 88.
21 Q. Looking at People's Number 88, does that photograph
22 depict the insides of the boat as you saw them --
23 A. Yes.
24 Q. -- on that particular day that we're talking about?
25 A. Yes, it does.
26 Q. And can you see the pliers in that photograph?
27 A. Yes, I do.
28 Q. Did you collect those pair of pliers?
1537
1 A. Yes, I did.
2 Q. What did you do with the pair of pliers?
3 A. Well, at the point that I was going into the boat
4 and putting down placards for items that I was gonna collect
5 as evidence, I picked up this pair of pliers, and upon
6 immediately picking them up, I noticed that there was a hair
7 in the end of the pliers looping through it. I pointed that
8 out to the other people that were near me, Denise Ducot
9 immediately took a photograph of it, and within a matter of
10 five minutes, I placed it into an evidence bag.
11 Q. Looking -- is there another photograph that depicts
12 the pair of pliers more close up?
13 A. Yes. It's People's Exhibit, I think, 139.
14 Q. And can you describe for the Court what that is in
15 139?
16 A. Yes, it is, People's 139 is a picture of the item
17 number 44, the placard number 44. And above the placard, I
18 am holding the pliers, and you can see a hair that loops
19 into the pliers.
20 Q. Now, when you say when the hair looped into the
21 pliers, describe for the Court what you mean by that.
22 A. Well, as I recall it, the hair went through the
23 pliers, and then a bit of it looped back in towards it. So
24 there's a little bit of a loop in there, and then it had
25 gone underneath the prong or the needle-nose plier part, so
26 that the hair went through there, and I think it had looped
27 back, as I recall, just barely into the prong (indicates).
28 And the hair was about five to six inches in length, as I
1538
1 recall.
2 Q. Now, you were describing that, and you were
3 gesturing something. Let's just go back and see if I've got
4 this right for the record.
5 You were using, I can't recall which hand it was, but
6 one hand up, and you were holding your index and middle
7 finger apart almost like you would do a scissors or --
8 A. Yeah.
9 Q. -- to represent the pliers?
10 A. Yeah.
11 Q. And then you were representing the hair with a
12 finger from your other hand, putting it in between the teeth
13 of the --
14 A. Yes.
15 Q. Okay. Did you -- you indicated that this hair was
16 about five to six inches long. Did you measure it at that
17 time?
18 A. No, I didn't.
19 Q. Why not?
20 A. Well, because as soon as I picked it up, I thought,
21 well, if this belongs to Laci, this could be fairly
22 significant. So the first thing I wanted to do --
23 MR. GERAGOS: Objection. Motion to strike.
24 THE COURT: That comment is stricken.
25 MR. HARRIS: Q. Did you measure it?
26 A. No, I did not. I placed it into the envelope.
27 Q. Now, you say you placed it in the envelope.
28 Describe the process of getting the hair into the envelope. |
1539
1 A. Okay. Immediately after it was taken, this
2 photograph was taken, we got a four-by-six-inch envelope,
3 and brought it over to me, and I never left the boat. I put
4 the pliers into the -- first of all, I opened up the
5 envelope, made sure it was brand new, that there was nothing
6 in it, put the pliers into it, moved the handles apart,
7 pulled the pliers back out, saw that there was no hair
8 attached, looked in there, could see at least what appeared
9 to be one hair, and then sealed it up.
10 Q. To get the hair into the envelope, did you have
11 to -- did you have to open the pliers?
12 A. Yes.
13 Q. When you were looking at the hair on that
14 particular day, and also visible in the photograph 139, did
15 you notice if there was anything on, attached, or associated
16 with that hair?
17 MR. GERAGOS: Objection. Compound.
18 THE COURT: Sustained.
19 MR. HARRIS: Q. On that particular day, did you notice
20 anything attached to the hair?
21 A. Yes, I did.
22 Q. What was that?
23 A. Something was stuck to the end of the hair. I
24 couldn't tell exactly what it was, but it didn't -- it
25 appeared to be something foreign, didn't appear to be part
26 of the hair.
27 Q. When you look at photograph 139, can you see what
28 it was that was attached to the hair?
1540
1 A. Yeah. Actually, you can see two little things that
2 were attached to the hair. The first one is the larger,
3 more significant one down by the placard itself, and the
4 second one, you can just barely see it right up next to the
5 nose, needle-nose pliers itself.
6 Q. And could you describe what that second thing was?
7 A. To me, it appeared to be consistent with the first
8 larger one, but it was smaller in size, much smaller than
9 the other one.
10 Q. When you put this item into the envelope, you
11 indicated that you closed it up. Did you do more than close
12 it at that time?
13 A. Yes, I did.
14 Q. What did you do?
15 A. I closed it up, used the metal clasp to close it
16 up, got out of the boat, went to the crime scene van, put
17 tape on it so that it wouldn't fall out of there.
18 Q. Was there any type of notation as to case number or
19 item number, initials?
20 A. Yes.
21 Q. If you'd look at the next photograph. And do you
22 see a photograph that bears that envelope or --
23 A. I see the backside of the envelope, yes.
24 THE COURT: The number of the photograph?
25 THE WITNESS: 134.
26 MR. HARRIS: Q. Looking at 134, does that depict the
27 envelope that we've been talking about?
28 A. Yes, it does. The back side, yes.
1541
1 Q. You were describing a number for it. Just so,
2 again, that we're clear about this, depicted in the
3 photograph of the pliers, is there a placard of the number
4 44?
5 A. Yes.
6 Q. And from what you've told us already, did you add a
7 number of 100 to that?
8 A. Yes, we did. Everything that was placarded at the
9 warehouse with a number, what we did as far as evidence
10 items number, just gave it 100 more than that, so, again, to
11 distinguish it from evidence recovered at the house.
12 Q. And the pair of pliers, that number was what?
13 A. 44.
14 Q. So it would be 144?
15 A. The pliers were 144, correct.
16 Q. The hair that came from the pliers, what number did
17 you assign to that?
18 A. 144A.
19 Q. And any reason for the A or some other number?
20 A. Because it was a separate piece of evidence
21 associated from that one item. Typically when that happens,
22 we just give it a subset number or a letter, A, B, C, D, E.
23 There was only one other item collected from that plier.
24 That was the hair. So it became 144A.
25 Q. Now, at some point in time were you -- did you talk
26 with or consult with other detectives in the case about
27 whether there might have been something, a root with regard
28 to that hair?
1542
1 A. Yes.
2 Q. Do you remember when that was?
3 A. Yes. It was on February 12th of 2003.
4 Q. And did you take any action after that discussion?
5 A. Yes, I did.
6 Q. What did you do?
7 A. Detective Grogan had asked me and Detective
8 Brocchini if there had been a hair on the -- or, excuse me,
9 a root on the hair. And I told him I didn't know. I told
10 him I just collected it, and within a matter of minutes, it
11 was in a bag, and that was all I really did with the hair at
12 that time.
13 So I went over with Detective Brocchini to the evidence
14 facility to view that item to see if in fact the hair had a
15 root on it.
16 Q. Did you have to get it out of evidence?
17 A. Yes, we did.
18 Q. And did you?
19 A. Yes, we did.
20 Q. When you got that envelope, was it in the same
21 sealed condition as you had put it or had it been changed?
22 A. It was in the same condition. I don't believe it
23 had ever been opened by anyone.
24 Q. Did you open it?
25 A. Detective Brocchini did.
26 Q. In your presence?
27 A. Yes, he did.
28 Q. Did you look to see if there was a root attached to
1543
1 the hair?
2 A. Yes, we did.
3 Q. What did you notice when you opened the envelope at
4 that time?
5 A. Well, there was actually two hair fragments at that
6 point. This was a surprise to me, because when I had put it
7 in originally, I thought it was one single piece of hair.
8 So now two of them fell out, and I didn't know at that point
9 whether the hair had broken or whether there might have been
10 two separate hair fragments stuck underneath the needle-nose
11 pliers at that time. But we did definitely notice two of
12 them, both of them amounting to the same length of hair as
13 what I originally remembered, approximately five to six
14 inches. So the two parts added up to what I thought I had
15 seen the first day as one single whole hair.
16 In any event, we noticed that there were two there, we
17 examined it, and neither of us could tell if there was a
18 root attached to it or not or either one of them.
19 Q. Did you repackage it?
20 A. Yes, we did.
21 Q. How did you do that?
22 A. I put it into a cardboard box, hopefully to better
23 preserve it, and then sealed that cardboard box, put my
24 initials on it, put the item number, and then put it back
25 into the same envelope that we had got it out of and
26 resealed that one, and Detective Brocchini had actually
27 signed off on the sealing of the tape on that one.
28 Q. Now, the photograph that you have before you, 134,
1544
1 does that depict that cardboard box that you're talking
2 about?
3 A. Yes, it does.
4 Q. Does it also depict the -- this hair that you're
5 discussing?
6 A. Yes.
7 Q. Do you see depicted in the photograph those two
8 items that you described associated with the hairs before?
9 A. Yes, I do. The two unknown attachments, you're
10 talking about?
11 Q. Yes.
12 A. Yes, they're both there.
13 Q. If you'd look at the next photograph.
14 A. People's 135?
15 Q. Yes.
16 Now, looking at People's 135, is that a more closeup
17 view of the same box that you've been describing?
18 A. Yes, it is.
19 Q. And do you again see the hair and whatever that
20 stuff is that was attached to it?
21 A. Yes.
22 Q. Now, looking at the next photograph, 136, is that a
23 closeup of the hair fragments or hair that you were
24 describing?
25 A. Yes, it is.
26 Q. And that's the same item that you put into the
27 envelope that came from the pliers?
28 A. Yes, it is.
1545
1 Q. Do you see those two items that you already
2 described as being associated with one attached to each of
3 the fragments?
4 A. Yes, I do.
5 Q. And that's in 136?
6 A. And that is in 136, yes.
7 Q. Detective, as part of your duties, did you also
8 photograph and go to the Bay Area at some point in time?
9 A. Yes, I did.
10 Q. I'd like to have you look at what's been marked as
11 Number 133. Do you recognize the general area that's
12 depicted in that particular photograph?
13 A. Yes, I do.
14 Q. And do you see up towards the center top portion of
15 that where there's a box that says, "Conner Peterson
16 recovery site"?
17 A. Yes, I do.
18 Q. Does that generally depict the area where Conner
19 Peterson was found?
20 A. Yes, it does.
21 Q. And do you see a box to the right, going clockwise,
22 around and down to where it says, "Laci Peterson recovery
23 site"?
24 A. Yes.
25 Q. Do you see down near the lower right portion of the
26 diagram -- I don't know if you need to put on your glasses
27 or not for that --
28 A. Not yet.
1546
1 Q. -- where it says, "Berkeley Marina"?
2 A. Yes, I do see that.
3 Q. And then up to the upper left side of the diagram,
4 an area for the Brooks Island Reserve?
5 A. Yes, I see that as well.
6 Q. Are you familiar with all of those locations?
7 A. Yes, I am.
8 Q. What is the approximate distance from Berkeley
9 Marina to Brooks Island?
10 A. Two and a half miles.
11 Q. And what is the distance from Brooks Island to
12 where Conner Peterson was recovered?
13 A. One and a quarter miles.
14 Q. And what's the distance between Brooks Island where
15 Laci Peterson was recovered?
16 A. One and a quarter miles.
17 Q. And what's the distance between where Laci and
18 Conner were recovered?
19 A. It's about three quarters of a mile, three quarters
20 to eight-tenths of a mile or so.
21 Q. Were you also asked to Prop 115 some witnesses as
22 to the hairs depicted in the photographs up there?
23 A. Yes, I was.
24 Q. Did you talk to an Agent Terry Scott of the FBI?
25 A. Yes, I did.
26 Q. Did you ask him if he had picked up some items from
27 a Bill Hudlow at the Department of Justice?
28 A. Yes, I did.
1547
1 Q. And what did he tell you he did?
2 A. He told me that on June 4th, he picked up two bags
3 of evidence from William Hudlow.
4 Q. Did he tell you where he took them?
5 A. Yes, he did.
6 Q. Where did he take them?
7 A. He took them back to Modesto, put them in a locked
8 file cabinet that only he has the key for it in the local
9 FBI office. The following morning, at 3:00 a.m., he
10 returned, picked up the items, placed it into a single bag,
11 and then placed it into his briefcase, and then drove to the
12 Sacramento Airport, caught a plane for Washington, D.C.
13 Once he landed there, he rented a car and drove to
14 Stafford, Virginia. And the following day, he went to
15 Quantico -- laboratory in Quantico, Virginia, at the FBI
16 laboratory, where he turned those items over to their
17 laboratory.
18 Q. Did Agent Scott tell you if the items he received
19 from Bill Hudlow were in a sealed or unsealed condition?
20 A. They were sealed.
21 Q. And when he turned them over to the FBI laboratory
22 in Quantico, were they in a sealed or unsealed condition?
23 A. They were in a sealed condition.
24 Q. Did he tell you who he turned them over to?
25 A. Yes, he did.
26 Q. And who was that?
27 A. Jamie Nevus and Connie Fisher.
28 Q. Did you talk to a woman by the name of Karen
1548
1 Korsberg?
2 A. Yes, I did.
3 Q. And what is her assignment with the FBI?
4 A. I'm going to check for the exact title, if that's
5 all right, check my notes.
6 She's a physical forensic examiner with the Federal
7 Bureau of Investigation at the Trace Evidence Unit in
8 Quantico, Virginia.
9 Q. And when you talked to her, again, this was for
10 Prop 115 purposes?
11 A. Yes.
12 Q. Did you ask her if she received anything from
13 Connie Fisher?
14 A. Yes, I did.
15 Q. And did she tell you if she did or didn't?
16 A. Yes, she did.
17 Q. What did she tell you?
18 A. She received three envelopes that she turned over
19 to Erin Sherry, also of the same unit.
20 Q. And did she tell you if when she received these
21 they were in a sealed or unsealed condition?
22 A. Two of the envelopes were sealed, one of them was
23 not. The envelope inside the one that was not was sealed.
24 Q. And so there was like an outside envelope and an
25 inside envelope?
26 A. Correct.
27 Q. And the inside envelope, was it in a sealed
28 condition?
1549
1 A. Yes, it was.
2 Q. Did you talk to Miss Sherry?
3 A. Yes, I did.
4 Q. And what did that person tell you?
5 A. Erin Sherry told me that she's the one that
6 actually had the job of preparing slides for Karen Korsberg.
7 So she's one that actually opened those three envelopes.
8 The first one was the transport envelope containing what has
9 been identified by Modesto Police Department as evidence
10 item number 144A, the hair.
11 When she looked inside that open envelope, there was a
12 sealed envelope, a smaller one that had the hair inside, and
13 it was also identified, and it was sealed shut. She opened
14 that one, and inside there was a little glassy piece of
15 paper bindle, and inside that were the two hair fragments.
16 Q. Did she indicate to you if Connie Fisher had
17 assigned it some FBI type of number or designation?
18 A. Yes, she did.
19 MR. GERAGOS: Objection. Multiple hearsay.
20 THE COURT: Sustained.
21 MR. HARRIS: Your Honor, we're not offering it for the
22 truth. Connie Fisher's already testified to it. We're just
23 connecting it up.
24 MR. GERAGOS: Then I have no idea what it's being
25 offered for. Connecting it up, I believe, is for the truth.
26 THE COURT: I assume he's going for the chain of
27 evidence, but --
28 MR. HARRIS: Yes.
1550
1 THE COURT: Rephrase the question.
2 MR. HARRIS: Q. Did Miss Sherry indicate if this
3 envelope had some designation on it?
4 A. Yes, she did.
5 Q. What was the designation?
6 A. It was Q1.
7 Q. Did she open up Q1?
8 A. Yes, she did.
9 Q. And what was it that she, if anything, found
10 inside?
11 A. The two hair fragments previously mentioned as
12 evidence item number 144A.
13 Q. Did she prepare those for Miss Korsberg's
14 examination?
15 A. Yes, she did.
16 Q. Did Miss Korsberg tell you if she examined those
17 hairs?
18 A. Yes, she did.
19 Q. And did -- as part of the process, did she tell you
20 that there was supposed to be a second person that looked at
21 them as well?
22 A. Yes, she did.
23 Q. Was there a second person that looked at them?
24 A. Yes, there was.
25 Q. And who was that?
26 A. That was Kim Reubush, who has the same title, same
27 job as Karen Korsberg.
28 Q. Did you also, for Prop 115 purposes, talk to
1551
1 Miss Reubush?
2 A. Yes, I did.
3 Q. And did she tell you what she did with the hairs
4 from Q1, also known as 144A?
5 A. Yes, she did.
6 Q. What did she tell you she did with them?
7 A. Well, after she had made her examination and came
8 to the same conclusions that Karen Korsberg did, the
9 following day, on Tuesday, June 10th, I believe it was, she
10 cracked the slide open and took the larger of the two hairs,
11 which she then gave it a separate -- separate number, Q1.1,
12 and she placed that into a 1.5 plastic vial with a screw top
13 on it. She marked it, identified it, put it into a box,
14 sealed it shut, identifying her initials and the FBI item
15 number on it, and then gave it to Connie Fisher.
16 Q. This particular piece of the hair or part of the
17 hair that she -- Miss Reubush used to give to Connie Fisher,
18 did she indicate which of the two fragments it came from?
19 A. The larger hair fragment.
20 MR. HARRIS: People have no other questions at this
21 time.
22 MR. GERAGOS: May I inquire?
23 THE COURT: Mr. Geragos?
24
25 CROSS-EXAMINATION
26 MR. GERAGOS: Q. Detective Hendee, you prepared
27 reports in connection with all of this; isn't that correct?
28 A. Yes, sir.
1552
1 Q. And you considered this to be a serious
2 investigation, so you wanted to put in all of your
3 observations into those reports; isn't that correct?
4 A. Well, I can't possibly put all of my observations
5 into a report, but I did try to make the important ones that
6 I thought were important.
7 Q. Anything you thought was important you put into
8 your report, correct?
9 A. Yes, sir.
10 Q. Now, when you say you found a hair, and I think it
11 was pictured up there in one of the People's exhibits,
12 there's no question but that it was a single hair; isn't
13 that correct?
14 A. Well, I don't -- I really don't know.
15 Q. Well, did you -- you filled out a report; is that
16 correct?
17 A. Yes.
18 Q. Okay. And in the report you specifically said that
19 it was a single hair; isn't that correct?
20 A. I was under the impression, yes, sir, that it was a
21 single hair at that time.
22 Q. Well, and you wrote, "Attached to the needle-nose
23 pliers was a black-colored hair"; isn't that correct?
24 A. Yes, I wrote that.
25 Q. And you said that it was unknown whose hair it was.
26 You understand that hair stands for singular, is that
27 correct, one hair?
28 A. Yes, I do understand that.
1553
1 Q. Okay. And you know that hairs is plural; is that
2 correct?
3 A. That's correct.
4 Q. Now, when you put the hair into -- by the way, when
5 you saw or say that it was looped, it does not appear to
6 reflect that in the picture, does it?
7 A. No, I think I see the hair looped.
8 Q. Where do you see the hair looping?
9 A. I see it coming up here, through the pliers, and
10 then it comes back in here (indicates)--
11 THE COURT: What number are you looking at?
12 THE WITNESS: I'm sorry. 139.
13 MR. GERAGOS: Q. Would you show that to the Judge
14 while you're --
15 THE COURT: It's not in evidence yet. Any objection?
16 MR. GERAGOS: No.
17 MR. HARRIS: No objection.
18 MR. GERAGOS: No objection.
19 Q. Would you show that to the Judge, and would you
20 describe -- you can see in that picture where the hair
21 loops?
22 A. I believe so. But I also saw it at the scene too.
23 Q. Well, it just didn't happen to show it on the
24 picture?
25 A. Well, it was not as close enough as I would have
26 liked.
27 Q. Okay. Well, there's -- you can see the hair right
28 there, can you not?
1554
1 A. Yes, I can.
2 Q. And you can see the little substance right there;
3 isn't that correct?
4 A. Yes, I can.
5 Q. And it appears that the hair with the little
6 substance is only about two inches to two and a half inches
7 long, isn't that correct, of what you can see in this
8 picture?
9 THE COURT: Are you talking about the substance only
10 being two inches long or the entire hair?
11 MR. GERAGOS: No, the hair itself, from the tip of the
12 pliers, what's visible in that picture is only about two to
13 two and a half inches; isn't that correct.
14 A. No, not to me. I can see more of it than you can,
15 apparently.
16 Q. Well, apparently, you didn't see enough to measure
17 it that day, did you?
18 A. No, I didn't.
19 Q. Yeah.
20 A. I didn't. But we do have it in a scale.
21 Q. Well, you didn't bother -- well, you had plenty of
22 rulers there that day, didn't you?
23 A. Yes, we did, sir.
24 Q. Okay. You didn't bother to take that hair and lay
25 it on a ruler, did you?
26 A. I didn't want to take a chance of measuring it in
27 the warehouse, where it might fall on the ground or get
28 lost, and then we've got a real problem. So I could put it
1555
1 right in the envelope, and it could always be measured
2 later.
3 Q. Right. So you then would just open it up inside
4 the lobby of the evidence room where it wouldn't get lost --
5 A. Yes.
6 Q. -- is that correct?
7 A. Yes.
8 Q. Is that standard operating procedure for Modesto
9 PD?
10 A. We look at evidence all the time over there, sir.
11 Q. In the lobby?
12 A. In the lobby? Yes, we do.
13 Q. You opened up an envelope for hair evidence in the
14 lobby?
15 A. Yes, we did.
16 Q. And when you opened that up, you -- today, for the
17 first time, you testified that it may have broken; is that
18 correct?
19 A. Well, I've never testified in this case before, but
20 yes.
21 Q. Okay. Do you have any report anywhere where you
22 ever wrote that the hair may have broken?
23 A. I don't know if I knew if the hair had broke or
24 whether it was actually two hairs wedged in between the
25 prongs of the plier.
26 I did write a report to reflect that when I opened up
27 the pliers into the bag, or how I did that. And then in the
28 course of the time, we discovered it with Detective
1556
1 Brocchini that there were two hairs. But I don't know for
2 sure whether the hair broke or whether it was already two
3 hair fragments on the pliers at the time I saw it.
4 Q. You're not shy about putting in your reports your
5 speculation, are you?
6 MR. HARRIS: Objection. Relevance.
7 MR. GERAGOS: Well, it is relevant.
8 THE COURT: I'll sustain that as argumentative, though.
9 MR. GERAGOS: Q. Well, you put in your report, "When
10 Detective Brocchini and I opened and emptied the envelope,
11 we both observed what I had originally thought was a single
12 hair," comma, "was actually two hairs"?
13 A. Correct.
14 Q. "We both examined the hairs" -- plural, right?
15 A. Yes.
16 Q. -- "under a magnifying glass, and neither saw what
17 we thought might be a root on either of the two hairs."
18 A. Correct.
19 Q. Okay. Can you point me to, and I'm at Bates stamp
20 2236, anyplace in this report where you mentioned that you
21 thought that the hair, the one hair could have broken and
22 became two hair fragments?
23 A. Well, I didn't write it in my report.
24 Q. You didn't write it in your report?
25 A. I don't know how it broke.
26 Q. You don't know that it did break?
27 A. Correct.
28 Q. You thought it was two hairs, that's what you wrote
1557
1 in your report, and up until the time I filed a motion
2 challenging the chain of custody, you still maintained that
3 it was two hairs; isn't that correct?
4 A. I'm not sure I understood the question. Please
5 repeat it.
6 Q. Did you ever any time -- at any time write down on
7 any report that you suspected that one hair broke into two?
8 A. I don't know what happened to that hair.
9 Q. I'm asking you if -- do you know if you ever wrote
10 a report?
11 A. Well, if I wrote a report as to -- I did write a
12 report as to the fact that it had become two. Now, I don't
13 know how it was two, I don't know whether it was two on the
14 pliers or whether it broke later in the evidence envelope.
15 I just don't know.
16 Q. Do you see two hairs in the picture?
17 A. Here (indicates)?
18 Q. Yes.
19 A. It could have been two --
20 Q. Did you see two?
21 A. I see one -- what I thought was one looping hair.
22 Q. Okay. Did you also write a report that said that
23 you placed one hair into the envelope?
24 A. Yes.
25 Q. Did you also write a report that said when you
26 opened the envelope, it was actually two hairs?
27 A. Yes.
28 Q. Did you ever at any point -- today you testified
1558
1 while Mr. Harris was asking you questions that the two hairs
2 appeared to be the same length as the one hair; is that
3 correct?
4 A. Yes.
5 Q. Is that in any report that you're aware of?
6 A. Not -- not that I've written, no.
7 Q. No. You never wrote that, did you?
8 A. That the two hairs combined?
9 Q. Yes.
10 A. No, they just apparently are the same length as
11 what I had originally put down, five to six inches.
12 Q. Apparently the same length of a hair that you never
13 measured in the first place; is that correct?
14 A. Well, I visually --
15 Q. Do I understand it correctly?
16 A. I visually measured it.
17 Q. You visually measured it?
18 A. Exactly.
19 Q. How do you visually measure it?
20 A. Well, when you take a look at something, you can --
21 you obviously do, you --
22 Q. Okay. You didn't bother to visually measure it
23 against one of the rulers that was sitting there?
24 A. There was no ruler sitting next to it. And, again,
25 I mentioned that I thought that it was important to get it
26 into an evidence envelope and not take a chance of losing
27 the hair.
28 Q. But you didn't mind opening up the hair and -- from
1559
1 that evidence envelope in the lobby of the area there in the
2 Modesto PD?
3 A. No, I did not mind that.
4 Q. Okay. And you didn't have -- you're going to say
5 in this entire warehouse, when you're executing the search
6 warrant, you didn't have a ruler?
7 A. No, I'm just saying I didn't have a ruler with me
8 at that time.
9 Q. Well, was that something that was difficult to
10 find, to document, the ruler --
11 A. Well, Mr. Geragos, for me to do that, I would have
12 had to take it off the pliers, and I didn't want to do that.
13 I wanted to put it right into the evidence envelope. That's
14 the choice I made at the time.
15 Q. You put it next to a placard, you set up a placard,
16 right?
17 A. Yes.
18 Q. You had somebody come over and take a picture,
19 right?
20 A. Yes.
21 Q. Was there anything preventing you, when you set up
22 that placard, from also laying a ruler out and just taking a
23 picture with the hair and the ruler?
24 A. Well, there is a -- a ruler of sorts on the
25 placard, so it wasn't totally done without a ruler in place,
26 we just didn't get one that has inches on it.
27 Q. Well, what did it have, grams?
28 A. No. It's got centimeters on it, sir.
1560
1 Q. Okay. And did you measure it on the centimeters?
2 A. No, I did not.
3 Q. Oh, okay. So it's a ruler of sorts, just not a
4 ruler?
5 MR. HARRIS: Objection. Argumentative.
6 MR. GERAGOS: Q. Is there a --
7 THE COURT: Sustained.
8 MR. GERAGOS: Q. Is there a reason that you can think
9 of as you sit here as to why you never put in any report
10 that you thought that the hair had broken?
11 A. I didn't know that the hair had broken until
12 February 12th.
13 Q. Did you put that in a report?
14 A. I -- I wrote a report to reflect --
15 Q. That it was two hairs?
16 A. -- that it was two hairs.
17 Q. Right.
18 A. Maybe I'm drawing the assumption that I thought it
19 broke and didn't need to spell it out in a report, I don't
20 know, but -- I thought that was obvious, but maybe not.
21 Q. Isn't the fact of the matter is that you always
22 assumed it was two hairs and never came up with this idea
23 that it had broken until it was suggested to you by the DA's
24 office?
25 A. No, that's not true.
26 Q. Okay. But you just don't have any report anywhere
27 that says that the hair broke?
28 A. Correct.
1561
1 Q. Now, you also claim that when you went in there --
2 by the way, who was present with you when you went into the
3 warehouse?
4 A. At what time, sir?
5 Q. For the search warrant that you've been testifying
6 to today.
7 A. I know, but what -- at the beginning, are you
8 talking about?
9 Q. At the beginning when you entered -- you entered
10 the warehouse, right?
11 A. Yes, sir.
12 Q. Okay. When you entered the warehouse, were you by
13 yourself?
14 A. The very first time, yes.
15 Q. Okay. Was there a dog that entered there as well?
16 A. Yes, there was, but that was later.
17 Q. Twist?
18 A. Yes.
19 Q. A dog by the name of Twist?
20 A. Yes.
21 Q. Okay. Is that what's commonly called a cadaver
22 dog?
23 A. That's what I was told, yes.
24 Q. Okay. And you were told that that cadaver dog,
25 you'd made arrangements the day before for that cadaver dog
26 to be at the premises, isn't that correct, or somebody had
27 from Modesto PD?
28 A. Somebody had.
1562
1 Q. Okay. That cadaver dog first went over to the
2 house at Covena; isn't that correct?
3 A. I believe it had.
4 Q. Okay. After it went to the Covena address, it was
5 then brought over to the warehouse, and prior to you taking
6 items out of the boat, the dog was placed into the boat;
7 isn't that correct?
8 A. It was, yes.
9 Q. And that dog -- you later found hairs in the boat;
10 isn't that correct?
11 A. That's correct.
12 Q. And you surmised in your report that those hairs
13 came from Twist, the cadaver dog; isn't that correct?
14 A. Yes.
15 Q. Okay. Then after Twist, the cadaver dog, went into
16 the boat, it was then taken out of the warehouse; is that
17 correct?
18 A. The dog was --
19 Q. At some point, the dog was -- the dog went around
20 the warehouse, and the dog was removed at some point from
21 the boat; is that correct?
22 A. I would assume, yes.
23 Q. And then you went into the boat after that; isn't
24 that correct?
25 A. That's correct.
26 Q. And when you went into the boat, that's when you
27 started logging items, basically, with the various placards
28 and making a list; is that correct?
1563
1 A. That is correct.
2 Q. And after you logged the items, you saved a number
3 of them. Did you save the Twist hair or the samples of the
4 hair? Did you take some of those and -- take samples of
5 those and put them into an evidence envelope?
6 A. Those -- no, I did not.
7 Q. But you did notice numerous hairs that you
8 attributed to being from the dog; is that correct?
9 A. Yes.
10 Q. The -- the pliers in the boat, were they readily
11 visible to you?
12 A. Yes.
13 Q. Okay. Could you see the head of the pliers or the
14 entire length of the pliers?
15 A. You could basically just see the handle portion.
16 Q. And was that a yellow color?
17 A. Yes.
18 Q. Okay. And when you put that into the envelope, did
19 you -- did you crush the hair? Did you see yourself break
20 the hair as you put it in?
21 A. No, sir, I did not.
22 Q. Okay. And the little substance that -- you said
23 there was two pieces of substance that were on the hair; is
24 that correct?
25 A. Yes.
26 Q. And the smaller one looked to be a fragment or a
27 smaller version of the larger, to your -- to your eye?
28 A. Well, at the time, if you're referring to what's
1564
1 going on at the warehouse, I thought it was one hair.
2 Q. Okay. No, I'm talking about the substance. You
3 had two pieces of --
4 A. Oh, yes. I'm sorry.
5 Q. -- of substance that you claimed were attached to
6 this hair; is that correct?
7 A. Right. Yes.
8 MR. HARRIS: Objection. Argumentative as to the use of
9 "claim."
10 THE COURT: Sustained.
11 MR. GERAGOS: Q. The substance, you thought one was a
12 portion of the other; is that correct?
13 A. One more time, sir? I'm sorry.
14 Q. You said there was a smaller piece and a larger
15 piece, right?
16 A. Of the substance?
17 Q. Yes.
18 A. Yes, sir.
19 Q. And they looked to you to be one in the same; is
20 that correct?
21 A. No. They looked to be about the same type of
22 thing, whatever it was --
23 Q. Right.
24 A. -- but they weren't --
25 Q. One was a piece of the other? One was a smaller
26 piece of the other?
27 A. No, I wouldn't -- I couldn't even say that. I just
28 said that they looked similar. Whatever they were, they
1565
1 looked similar.
2 Q. Now, when you put that into the evidence envelope,
3 did both pieces go in there, both pieces of whatever this
4 substance that looked similar was?
5 A. Yes. I --
6 Q. Okay.
7 A. I thought I did.
8 Q. And when you closed it at that point, did you --
9 did you break the envelope? Did you crumple the envelope
10 up?
11 A. No, sir.
12 Q. Okay. And when you opened the pliers, did you have
13 to jiggle the hair off or did it just fall off?
14 A. To the best of my knowledge, they just -- it just
15 fell off. When I pushed them apart, they just fell off. I
16 didn't have to jiggle it.
17 Q. Okay. Did you -- so, basically, all you did was
18 open or manipulate the handles --
19 A. Exactly.
20 Q. -- and the hair just fell into the envelope; is
21 that correct?
22 A. Yes.
23 Q. Now, the hair itself, you were later told by
24 Detective Grogan that it was mashed or splayed, is that
25 correct, that the ends of the two hairs were mashed or
26 splayed?
27 A. I don't know the word splayed, but mashed, yeah,
28 might be the way it was characterized to me.
1566
1 Q. Okay. He actually used the term crushed?
2 A. Is that what I used?
3 Q. In your report.
4 A. I'll check it, please.
5 Q. Bates stamped 2236.
6 THE COURT: I don't think he has those Bates stamped.
7 Do you have a Bates stamp on yours?
8 THE WITNESS: No, but I have the report here, sir.
9 MR. GERAGOS: Q. On the top it says, "Page one of two,
10 investigative narrative."
11 A. Yeah. Okay.
12 Q. Now, do you see where Grogan told you that, "A
13 portion of the hair was crushed" --
14 A. Yes.
15 Q. -- "which might very well be consistent with being
16 pinched in the nose of the pliers"?
17 A. Yes.
18 Q. Do you see that?
19 A. Yes, I do.
20 Q. Well, if this was one hair that broke in two, then
21 it would appear that it wasn't in fact crushed in the tip of
22 the pliers, that it was crushed when it was placed into the
23 envelope; isn't that correct?
24 A. I think you're speculating something I have no
25 knowledge of. I couldn't say that.
26 Q. Do you know, was Detective Grogan speculating that
27 it was crushed in the tips of the pliers?
28 MR. HARRIS: Objection. Double speculation.
1567
1 MR. GERAGOS: Which is basically this entire case.
2 THE COURT: He talked to Detective Grogan, so if that's
3 what he told him, that's evidence under Prop 115. It's
4 overruled.
5 THE WITNESS: I think Detective Grogan had mentioned to
6 me that it was his impression from talking, I guess, to DOJ
7 that the hair appeared to be crushed at the end or something
8 of that sort.
9 MR. GERAGOS: Q. Okay. And he told you specifically,
10 "Which might very well be consistent with being pinched in
11 the nose of the pliers"?
12 A. No, he didn't say that. That's my writing in my
13 report.
14 Q. So you were speculating, then?
15 A. Yes.
16 Q. Okay. And you were speculating that the hair, if
17 it had a crushed ends, that that would have come from the
18 tip of the pliers, right?
19 A. Possibly.
20 Q. Okay. Now, the -- he advised you that at least one
21 of the hairs had some substance on it; is that correct?
22 A. Yes.
23 Q. Okay. And, now, at the time that you placed the
24 hair in there, who did you tell that you had found a hair?
25 A. Well, everyone that was at the scene that was --
26 Q. Well, was Brocchini there?
27 A. He was there during part of the scene.
28 Q. Did you tell him that you found a hair?
1568
1 A. I don't recall specifically telling him.
2 Q. When is the first time you recall telling Brocchini
3 you found a hair?
4 A. Actually, they came to me on February 12th asking
5 me about the hair.
6 Q. Okay. And to the best of your recollection, you
7 don't remember ever talking to Brocchini about the hair
8 prior to February 12th?
9 A. That's correct.
10 Q. The area when you -- Mr. Harris asked you about the
11 space, if you will, in the warehouse that's on the picture
12 that you've got there, the diagram that you've got there.
13 A. Yes, sir.
14 Q. Okay. Is there enough room to bring the truck or
15 to park the truck in that warehouse as it was when you had
16 this diagram?
17 A. His truck? I assume we're talking about Scott
18 Peterson's?
19 Q. Yes.
20 A. Fit it in there and close the door without hooking
21 it up or lining it directly up with the trailer, or what are
22 we talking about?
23 Q. Are you able to put the truck inside and then close
24 the door? Is there enough room for that?
25 A. I don't know for sure. There might have been.
26 You'd have to do it kitty-corner. I don't think you could
27 do it -- you couldn't have backed it in and hooked it to the
28 boat and closed the gate. I don't think you could have done
1569
1 that. You might have been able to get it in front of the
2 trailer, the pull trailer, possibly.
3 Q. You never measured to determine that?
4 A. No.
5 Q. Isn't it approximately four feet of space right
6 there where the door is, open space?
7 A. I don't know what you're talking about. Which four
8 feet --
9 Q. You're looking at the -- at the diagram there, and
10 that's a diagram that's apparently done to scale of the
11 location, correct?
12 A. Well, it says right on it, "Not to scale."
13 Q. Well, what are the measurements here? Somebody
14 measuring it?
15 A. Yeah.
16 Q. Did you do that?
17 A. No.
18 Q. Okay. Now, this is the rollup door that I'm
19 pointing to, correct (indicates)?
20 A. Yes, sir.
21 Q. The rollup door and the boat, apparently, is right
22 abutting the rollup door; is that correct?
23 A. Well, it's not drawn to scale, and I'm not sure it
24 was right up against the door. I'd have to look at some
25 photographs, perhaps I could get a better idea.
26 Q. Well, do you have -- did you have anything to do
27 with the measurements of this?
28 A. No, I did not.
1570
1 Q. Okay. Do you know who did?
2 A. Yes.
3 Q. Who?
4 A. Detective Rick House.
5 THE COURT: To make it clear, we're looking at 87,
6 correct?
7 MR. GERAGOS: Yes.
8 Q. The -- do you have a memory as you sit here today
9 as to how much space there was between the rollup door -- I
10 assume the rollup door was down when you arrived there that
11 morning; is that correct?
12 A. That afternoon, yes.
13 Q. Okay. And when you arrived there, do you have a
14 memory of rolling up the door?
15 A. I don't know if I rolled it up, but, yes, it was
16 rolled up while I was there, yes, sir.
17 Q. Okay. Do you have a memory of how far in the boat
18 was?
19 A. A vague memory, yes.
20 Q. And approximately how far?
21 A. I don't know for sure.
22 Q. Four feet? Two feet?
23 A. I think it was further than that.
24 Q. Okay. Did you move it before pictures were taken?
25 A. No.
26 Q. Okay. So the pictures of the inside of the
27 warehouse on the 26th and 27th are going to be most accurate
28 as to the condition of the warehouse on that morning as when
1571
1 you arrived?
2 A. Yes.
3 Q. Okay. Now, had you been into the house at Covena
4 prior to the -- prior to the time that you went to the
5 warehouse?
6 A. Yes.
7 Q. Okay. And where had you been specifically in the
8 Covena address?
9 A. I would imagine every room.
10 Q. Okay. And did you do a thorough search of rooms
11 there?
12 A. Yes, some of them.
13 Q. Okay. Did that involve getting down and looking on
14 the floor and underneath things as well?
15 A. Yes, sir.
16 Q. Okay. And you did a close examination of the
17 walls, the doors, the ceiling, the floor, the closets and
18 bed for forensic evidence; is that correct?
19 A. And the baby's room, yes.
20 Q. And also it included an examination of the clothes
21 that were found, dresser drawers, and the armoire and the
22 bedroom closet; isn't that correct?
23 MR. HARRIS: I have to object. This witness just
24 testified that he did the baby's room, so this would be
25 outside of --
26 THE COURT: Sounds like he said the baby room also. So
27 I assume he looked at the entire house.
28 Is that correct, Detective Hendee?
1572
1 THE WITNESS: Well, I was in all the rooms. I don't
2 know if on that particular date I -- without looking at my
3 report, I don't know if that particular day I happened to
4 search the closets and armoires of Mr. Peterson's room or
5 his wife's.
6 MR. GERAGOS: Q. Okay. Well, you do have a memory of
7 going into all the rooms of the house on the -- what was
8 that, the morning of the 26th?
9 A. I was there the evening of the 26th, the morning of
10 the 27th.
11 Q. Okay. And then at some point you left there, and
12 you went over to the warehouse at some point, --
13 A. That is correct.
14 Q. -- as you said, on the afternoon of the 27th,
15 correct?
16 A. That is correct.
17 Q. Okay. And you had done a, your memory is, at the
18 very least, an extremely thorough search looking for
19 forensic evidence in the baby's bedroom; isn't that correct?
20 A. Yes.
21 Q. And who did you do that with?
22 A. Detective Darren Ruskamp.
23 Q. Okay. Then when you -- when you went to search the
24 warehouse -- I'm going to get back to who was -- who -- were
25 you assigned with somebody, a partner or somebody else, when
26 you went there?
27 A. No. I was the team leader. There were a number of
28 detectives and CSO's that went.
1573
1 Q. Okay. Do you have any idea how many people were
2 with you when you went -- arrived at the warehouse?
3 A. Well, we met outside the warehouse. But before
4 we -- before we went in, there was probably a total of about
5 nine or ten. I can give you an exact count, if you'd like.
6 Q. Yes, if you can determine, how many people were
7 there to execute this warrant?
8 A. They weren't necessarily all there at the same
9 time, though.
10 Q. Okay.
11 A. Coming and going.
12 There were 14 people.
13 Q. Okay. How many of those 14 were there initially?
14 A. Officer Ruiz, who was maintaining security on the
15 warehouse prior to our arrival. He was there. Detective
16 Rick House, myself, CSO Joyce Smith, Denise Ducot, and then
17 I had -- there's some other ones here that I assume were
18 there -- Detective Banks was there at the time we started.
19 Detective Ray Coyle may have been there at the exact time
20 that we served the search warrant. Detective Hermosa showed
21 up later. Investigator Stockham, I think, showed up later,
22 or he may have been there at the exact moment we went in.
23 There was CSO Veronica Holmes, who also went in. I don't
24 know if she was there at the exact moment that we started.
25 Q. Okay. Now, how long did you spend in the
26 warehouse?
27 A. We got there at four -- 2:30 in the afternoon, we
28 served the search warrant at 2:45, and we left there about
1574
1 6:30 p.m, 6:30, 6:40 p.m.
2 Q. And did you say that Brocchini was there?
3 A. He was there part of the time.
4 Q. What time did he arrive? Do you remember?
5 A. Well, according to the log, he entered the
6 warehouse at 3:35 and left at 7:02 -- or, I'm sorry, 5:02.
7 Q. Okay. He and -- is it fair to say that Boyer and
8 Anderson were from Contra Costa?
9 A. Actually, I forgot those two. They were there as
10 well.
11 Q. Okay. They were from the dog team?
12 A. Uh-huh.
13 Q. Is that yes?
14 A. Yes. I'm sorry.
15 Q. Okay. And they were -- were they the first ones
16 through the warehouse? I mean, when I say "through," that
17 actually went in and started doing something inside the
18 warehouse.
19 A. Well, I was the first one in.
20 Q. Okay.
21 A. I went in for about five minutes, then I came out.
22 Then I had Joyce Smith go in and take a videotape of the
23 warehouse before we did anything else. Then I had Denise
24 Ducot go in and take photographs before we did anything
25 else. And then I sent the dog team in.
26 Q. Okay. So you were trying to preserve the scene, so
27 to speak, both by via video and photograph, and then you had
28 the dog team go in?
1575
1 A. That's correct.
2 Q. You didn't do any kind of a search prior to the dog
3 team going in?
4 A. No, we did not.
5 Q. Okay. Now, you also -- Mr. Harris had asked you
6 about receiving a call or -- from Richmond, that I think
7 there were some locations and paced off locations or
8 determined how far away one was from another; is that
9 correct?
10 A. Yes.
11 Q. And you were advised on April 13th that the body of
12 a full-term male fetus had washed ashore; isn't that
13 correct?
14 A. I think it was April 14th.
15 Q. Okay. Do you have your report in front of you?
16 A. Yes.
17 Q. Maybe we're saying the same thing, but didn't you
18 write that you were advised that on Sunday, April 13th, the
19 body of a full-term male fetus washed ashore in Richmond?
20 MR. HARRIS: Objection.
21 THE WITNESS: I was advised of that on the 14th.
22 MR. HARRIS: Objection.
23 MR. GERAGOS: Okay. And you --
24 MR. HARRIS: Objection.
25 THE COURT: Let me hear it.
26 MR. HARRIS: Well, Counsel continues to ask questions.
27 Hearsay and lack of foundation.
28 MR. GERAGOS: He's testifying 115, I assume.
1576
1 MR. HARRIS: Well, we'd have to know who he's Prop
2 115'ing.
3 THE COURT: I'll sustain it. Lay the foundation.
4 MR. GERAGOS: Q. Yeah, who did you talk to -- was that
5 Dave Young, Assistant Chief Dave Young?
6 A. Yes.
7 Q. Okay. And did he advise you that on Sunday, 4-13,
8 the body of a full-term male fetus had washed ashore in
9 Richmond, California?
10 A. Yes. I can see where this is going.
11 Q. On the 14th, he advised you that on the 13th --
12 A. Right.
13 Q. -- a full-term male fetus had washed ashore; is
14 that correct?
15 A. If he used the word full-term, possibly. I don't
16 know. That's my writing. That's my writing. Probably was
17 relayed to me that it was full-term. You know, I'm not
18 gonna say that that was his exact words, that it was
19 full-term, but that's my writing.
20 Q. When you say that's your writing, this is the
21 report you prepared --
22 A. Yes.
23 Q. -- on what date, on April 15th?
24 A. Yes, sir.
25 Q. And you considered this to be a significant portion
26 of the investigation, right?
27 A. Yes, sir.
28 Q. Okay. And you wrote down, "The body of a full-term
1577
1 male fetus"; is that correct?
2 A. Yes, I did, I wrote that down.
3 Q. Did you just say under your breath, "I can see
4 where this is going"?
5 A. Well, because --
6 Q. Did you?
7 A. Yes, I did.
8 Q. Okay. Is that because you're trying to now avoid
9 what it is you wrote down on April 15th?
10 A. No. No, sir, I'm not.
11 Q. Okay. Now, the -- can I have just one moment, Your
12 Honor?
13 (Whereupon, the defendant and his counsel confer.)
14 MR. GERAGOS: Q. You also recovered from the boat on
15 the 27th a -- just a loose shoestring from the bottom of the
16 boat?
17 A. Yes.
18 Q. How far away was that proximity, distance from the
19 pliers, or was it next to the pliers?
20 A. It was very close to the pliers.
21 Q. And what color was that shoestring?
22 A. It was brown.
23 Q. Did the pliers itself have a hole in the handle
24 drilled through the handle? Do you remember?
25 A. The yellow rubberized handle?
26 Q. Yes.
27 A. No.
28 Q. So there was no hole that was drilled in the handle
1578
1 itself?
2 A. Not that I recall.
3 MR. GERAGOS: Okay. I have no further questions.
4 THE COURT: Mr. Harris?
5 MR. HARRIS: Yes.
6
7 REDIRECT EXAMINATION
8 MR. HARRIS: Q. Detective, I want to go back to this
9 lobby question, you were asked --
10 A. Yes.
11 Q. -- if you thought it was okay to look at the hair
12 in the lobby. Is this like the regular lobby of a hotel or
13 a business office?
14 A. No, it is not.
15 Q. What's different about it?
16 A. Well, first of all, you have to have access to get
17 in there, and that would be a key card, that's the only way
18 you can get in, or you buzz the buzzer, and then they'll let
19 you in. So it is closed off to the public. You can't get
20 in without being allowed in.
21 Q. And the area that you were looking at this, was
22 this in that secure area that you're talking about?
23 A. Yes, it was. Detective Brocchini and I were the
24 only ones there in that area.
25 Q. Now, you were also asked about the circumstance of
26 who was going into the warehouse first. If I recall what
27 you said, it was you first?
28 A. Yes.
1579
1 Q. And then you had someone go in and videotape the
2 scene?
3 A. That's correct.
4 Q. And then someone photographed the scene?
5 A. That is correct.
6 Q. Have you reviewed the videotape or the photographs?
7 A. Yes, I have.
8 Q. And does it depict in the videotape or the
9 photographs the pliers being in the same position as
10 depicted in that photograph?
11 A. Yes, they do.
12 Q. And this is before the dog ever went in?
13 A. That is correct.
14 MR. HARRIS: People have no other questions.
15 MR. GERAGOS: I have no further questions.
16 THE COURT: Who's your next witness?
17 MR. HARRIS: Detective Stockham.
18 THE COURT: We'll take a recess until 20 till 4:00. We
19 might go until 4:15 today, counsel.
20 MR. GERAGOS: 20 to 3:00 you mean, Judge?
21 THE COURT: 20 to 3:00.
22 MR. MCALLISTER: Long break.
23 MR. DISTASO: Your Honor --
24 THE COURT: The Reporter would like that.
25 Wait a minute.
26 MR. GERAGOS: I didn't see any complaints from her on
27 that.
28 THE COURT: Nothing else? Pardon? Want to let her go?
1580
1 MR. DISTASO: Oh, yeah. Right. We're just talking
2 about schedule.
3 THE COURT: 20 to 3:00.
4 (Recess: 2:25 p.m.)
5 --oOo--
6
7
8
9
10
RECESS
1581
1 November 17, 2003, at 2:42 p.m.
2 --o0o--
3 (Prior to proceedings resuming, People's
4 Exhibit 141 was marked for
5 identification during the recess.)
6 ---o0o---
7 THE COURT: The record will show everyone is present.
8 Your next witness, Mr. Harris.
9 MR. HARRIS: Yes. Detective Kirk Stockham.
10
11 KIRK STOCKHAM,
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: I do.
15 THE CLERK: Please have a seat. Put the microphone
16 around your neck.
17
18 DIRECT EXAMINATION
19
20 MR. HARRIS: Q. Sir, can you tell us what your full
21 name is and spell your last name for the record?
22 A. Kirk Wesley Stockham, S-T-O-C-K-H-A-M.
23 Q. And, do you have some connection with the Modesto
24 Police Department?
25 A. Yes, I'm a computer forensic investigator.
26 Q. And could you tell the Court briefly what your
27 background, education or training is with the Modesto Police
28 Department in that area?
1582
1 A. Okay. I've been a Modesto peace officer since
2 1977; and in 1994, I started working high-tech cases
3 involving computer seizures and analysis. And later I went
4 to many, many classes for law enforcement, POST-certified by
5 the State of California, and obtained POST certification as
6 a computer investigator.
7 I also have some base education, an AA degree in police
8 science, a bachelor's in sociology, a master's certificate
9 in computer forensics.
10 I'm also an instructor, and I also work for the
11 Sacramento County Sheriff's Office as a computer forensic
12 investigator and instructor.
13 Q. And have you previously testified in court as an
14 expert in the area of computer forensics?
15 A. Yes.
16 Q. As part of your assignment with the Modesto Police
17 Department, were you asked to assist in the service of
18 search warrants at the Scott Peterson's home -- at Scott
19 Peterson's home and his warehouse?
20 A. Yes.
21 Q. And did you assist?
22 A. Yes.
23 Q. As part of your assistance, did you recover some
24 computers from those locations?
25 A. Yes.
26 Q. Were you asked to conduct an analysis of those
27 computers?
28 A. Yes.
1583
1 Q. As part of your analysis, did you look to see if
2 there was any research done on the computers with regards to
3 bodies of water?
4 A. Yes.
5 Q. Can you tell the Court --
6 THE COURT: Before he gets into that, who's doing this?
7 Mr. Geragos?
8 MR. GERAGOS: Yes, Your Honor.
9 THE COURT: Do you wish to voir dire on his expertise
10 on the computer area?
11 MR. GERAGOS: I do, Your Honor, if I could.
12
13 VOIR DIRE EXAMINATION
14
15 MR. GERAGOS: Q. I didn't get your rank. Is it
16 Detective? Officer? What do I call you?
17 A. Computer forensics investigator.
18 Q. Computer forensic investigator. How long you been
19 doing that?
20 A. Since 1994, so roughly nine years.
21 Q. And what's your training to prepare you for that?
22 A. Okay. I'm a member of IACIS, which is the
23 International Association of Computer Investigator
24 Specialists, and I'm a member of that organization and went
25 through the two-week training and got certifications in
26 that.
27 I finished the Institute of Criminal Investigation
28 Studies and became California POST-certified as a computer
1584
1 investigator.
2 I also have upper-graduate work that resulted in a
3 master's certificate in computer forensic science with the
4 University of New Haven, and I've had hundreds of hours of
5 miscellaneous courses in computer forensics and Internet
6 investigations and computer investigations.
7 Q. Have you testified previous in the Superior Court
8 of this county?
9 A. Yes, twice.
10 Q. Twice?
11 A. Is that --
12 Q. Have you qualified as an expert both times?
13 A. Yes, I did. And Sacramento County Superior Court.
14 Q. One occasion?
15 A. Yes, a jury trial.
16 Q. Jury trial. Were both -- or I should say were all
17 three of those times that you qualified as an expert, was it
18 based upon retrieving something off of the hard drive of the
19 computer?
20 A. Yes, in all cases, it was a criminal case where I
21 seized computers, copied them and analyzed the data and came
22 up with results that were evidence in the case.
23 Q. When you say "copied them," you mean copied the
24 hard drive and then took something off of the hard drive to
25 do some kind of an analysis for the prosecutor?
26 A. Yes.
27 MR. GERAGOS: Thank you. I have no further questions.
28 THE COURT: I'll allow him to testify as an expert in
1585
1 the area of computer forensics.
2 MR. HARRIS: All right.
3
4 DIRECT EXAMINATION (RESUMED)
5
6 MR. HARRIS: Q. Investigator, I was starting to ask
7 you if you conducted a search of the computers to see if
8 there were any searches or anything on the computers about
9 bodies of water.
10 A. Yes.
11 Q. Did you find any?
12 A. Yes.
13 Q. Could you explain to the Court what you found?
14 A. There were many computer files on the hard drives
15 showing Internet research for bodies of water, descriptions
16 of them, graphics and pictures of them.
17 Q. Now, when you look at these particular files, does
18 it indicate if there's some type of user?
19 A. In some cases. One particular case, yes.
20 Q. And one particular case, did it indicate who was
21 the user?
22 A. There was a file structure pointer to a website
23 where a graphic came from, which was the San Francisco Bay
24 Area, and along with the pointer was the user name of Scott
25 Peterson in actual data.
26 Q. Now, when the computer, someone uses it or goes to
27 a particular site and something comes from that site, does
28 the file keep part of that, or does the computer keep part
1586
1 of that?
2 A. Yes, quite often.
3 Q. And how does that work?
4 A. Well, with the -- with Internet surfing, one sets
5 up their computer to dial in or some other way of
6 connecting to the Internet; and once they enter that huge
7 network, they go to websites, which are computers at
8 various places around the world, and they access another
9 computer and they access computer files. As the computer
10 files are displayed on the screens in graphics or text or
11 animations, those files are deposited on the person's PC in
12 what's called cache folders. And you can often see what a
13 person has been doing recently by just looking at the files
14 that came from the Internet.
15 Q. Now, with regards to the computers that we're
16 talking about and this user of Scott Peterson, was there
17 searches of bodies of water that took place in December of
18 2002?
19 A. Yes.
20 Q. Can you give the Court examples of some of the
21 bodies of water or how many bodies of water were there?
22 A. Well, I found a -- computer files that were dated
23 in December, and it showed a research for the San Francisco
24 Bay Area bodies of water, Central Valley bodies of water,
25 like reservoirs and lakes. In fact, I printed out many of
26 the actual pieces of data that came off that PC as part of
27 the report.
28 Q. So when you were done doing this examination, did
1587
1 you prepare a report and document all of those files to your
2 report?
3 A. Yes.
4 Q. I'd like to show you what's been marked as People's
5 next in order, Number 141. I had it marked during the break
6 and I'll show it to counsel now.
7 Showing you what's been marked as People's Number 141,
8 do you recognize that?
9 A. Yes.
10 Q. Can you tell the Court what that is?
11 A. That's a graphics from the US Geological Survey
12 website dated 12/8 of '02, showing the central San Francisco
13 Bay. It's a velocity chart of either wind currents or water
14 currents. I'm not sure.
15 Q. But it's something that goes to the US --
16 A. US Geological Survey website.
17 Q. And this is a chart of the Bay Area?
18 A. Oh, it's definitely the central Bay Area, yes.
19 MR. HARRIS: People have no further questions.
20
21 CROSS-EXAMINATION
22
23 MR. GERAGOS: Q. You had a -- what I've marked as --
24 or what I'd like to mark as Defense next in order. It's a
25 three-page document entitled "USA Fishing."
26 THE CLERK: JJ.
27
28
1588
1 (Defendant's Exhibit JJ was marked for
2 identification.)
3 MR. GERAGOS: JJ.
4 Q. Is this something that you saw on the computer?
5 A. Yes. The Captain Hook Sportfishing. I saw that.
6 Q. Captain Hook Sportfishing. Do you know -- did you
7 ever check to see where there's -- on Captain Hook's
8 Sportfishing, the San Francisco Bay Report, that it talks
9 about -- how do you pronounce that?
10 A. Suisun.
11 Q. Bay?
12 A. Suisun Bay.
13 Q. And is this the document that's 141, is that Suisun
14 Bay?
15 A. Yes. That's another website graphic that's nicely
16 labeled with the location.
17 Q. With the location for Suisun Bay?
18 A. Yes.
19 Q. So the three pages from the USA Captain Hook's
20 Sportfishing site have or mention and talk about for a full
21 half page Suisun Bay and what's happening over there; is
22 that correct?
23 A. Yes.
24 Q. Okay. Also, on the first page, for Captain Hook's
25 Sportfishing, it says -- talking about fishing's a
26 crap-shoot, but the sturgeon are showing up here and yon; is
27 that correct?
28 A. Yes.
1589
1 Q. Okay. And these three pages, did you -- were you
2 able to determine if this, what's been marked as People's
3 141, is a link to the USA Fishing website?
4 A. The USA Fishing website?
5 Q. The USA Fishing website.
6 A. Oh, the Captain Hook's.
7 Q. Yeah. The Captain Hook sportfishing, it has links,
8 doesn't it?
9 A. I didn't check to see if there was a link to the US
10 Geological Survey, unless I see one on here.
11 Q. There are links, however, that go to all the
12 various bays; isn't that correct?
13 A. There are words. Without having this printed out
14 in color, I couldn't tell if they're clickable links.
15 Q. I'm just giving you what I've got, what was
16 produced to me in discovery, so I don't know if you've got
17 it in color.
18 But you don't know, as you sit here, whether or not he
19 went onto the USA -- what is it? -- Captain Hook's Fisherman
20 website --
21 A. Captain Hook's sportfishing.
22 Q. -- and clicked onto that? Right. It talks
23 about -- that came directly off of his computer; correct?
24 A. Yes.
25 Q. Okay. You don't know, as we sit here today,
26 whether he went to the sportfishing website, looked at it,
27 saw sturgeon were running, read the thing about the Suisun
28 Bay, and then clicked onto another site or link, if you
1590
1 will, that showed a map?
2 A. Okay. So you're asking the sequence, what happened
3 first?
4 Q. Right.
5 A. I could probably tell that with further analysis by
6 date and time stamps on the files.
7 Q. As of right now we don't know, do we?
8 A. Well, this does have a date stamp of 12/9/02 and --
9 Q. The other's got a date of 12/8. It's a picture of
10 the map for 12/8. It doesn't show -- as it sits there, we
11 don't know what date he clicked on it, do we?
12 A. Well, I've tested the site, and when you click on
13 this graphic, the website actually time stamps the picture
14 on the date you're in the site.
15 Q. Right here you haven't gone back to take a look at
16 to see whether or not this is linked up to -- when I say
17 "this," 141 is linked up to Captain Hook's Fishing website,
18 have you?
19 A. No, I did not actually look for that kind of
20 linkage.
21 Q. Okay. You have -- at least I've been given quite a
22 bit of material that you went through; is that correct?
23 A. Yes.
24 Q. And somebody could do that, could they not, based
25 upon the copy of the hard drive and taking a look at what
26 the -- kind of the date and internal date and time stamp?
27 A. Yes, my entire examination is repeatable by another
28 expert.
1591
1 MR. GERAGOS: Thank you. I have nothing further from
2 this witness.
3 MR. HARRIS: Just briefly --
4 MR. GERAGOS: Oh, wait. Could I have just one moment?
5 I'm sorry.
6 (Whereupon defense counsel conferred,
7 off the record.)
8 MR. GERAGOS: I have no further questions. I'm sorry.
9
10 REDIRECT EXAMINATION
11
12 MR. HARRIS: Q. Investigator, looking at what's marked
13 as 141, that's the color page up there.
14 A. Yes.
15 Q. Are there two separate files that are printed out
16 on that page?
17 A. Yes.
18 Q. So let's make the record clear about this.
19 The one in the top, the blue chart --
20 A. Yes.
21 Q. -- is that the San Francisco Bay chart that you're
22 referring to?
23 A. Yes. That's the one that had to have come from the
24 US Geological Survey site, and the SuisunBay.gif, that
25 graphic, I did not try to target where it came from. I'd
26 have to look at it again.
27 Q. So the second -- just so we're clear about this,
28 there are two graphics on that particular page?
1592
1 A. Correct.
2 Q. The top one is the San Francisco Bay chart?
3 A. Correct.
4 Q. The bottom one is a map of Suisun Bay?
5 A. Yes, and the theme of the bottom one is more like a
6 road map and location map, where the top one is more like a
7 water research, what the water and winds do in the Bay.
8 Q. Now, the bottom one, is that also a file date of
9 12/8, 2002?
10 A. I'd have to look at my report to see the file
11 properties on that one, sir.
12 Q. Okay. Looking -- you do know the one at the top,
13 the blue San Francisco Bay chart that is a 12 --
14 A. 12/8/02. That was stamped by the site.
15 Q. Now, you were being asked about the defense exhibit
16 in front of you from this sportfishing endeavor, and that
17 has certain notations on it that give you dates?
18 A. Yes, the bottom margin has some website location,
19 directions and a date.
20 Q. And what is the date on that document?
21 A. 12/9/02.
22 MR. HARRIS: People have nothing further.
23
24 RECROSS-EXAMINATION
25
26 MR. GERAGOS: Q. You said that Suisun Bay has a --
27 looks like a driving map; right?
28 A. Yes, it has the freeways and the city boundaries.
1593
1 Q. You see what -- you have your glasses on?
2 A. Yes.
3 Q. Okay. What does it say right there on the top of
4 Captain Hook's Sportfishing site?
5 A. Okay. If I had that in color, that would probably
6 be a zoomable driving map with some kind of links.
7 Q. And People's 141 look like a zoomable driving map?
8 A. Well, all graphics are zoomable, but yes, it
9 probably is.
10 Q. Kind of looks like somebody just clicked right onto
11 the zoomable driving map from Captain Hook's or whatever
12 that is, huh?
13 A. Well, this is not a very big graphic, it's only --
14 just a little bit smaller than the top one.
15 Q. Yeah. Kind of looks like that might be the link,
16 doesn't it?
17 A. No, I can't tell you that these two are linked.
18 Q. You never bothered to look at that, did you?
19 A. No, these two are on the same page simply because
20 in the list of files when I told the computer to print out
21 the files, I think it was alphabetical order. This one just
22 came after this one. There's no significance.
23 Q. Okay. Have you ever looked to see whether or not
24 the one that's on the bottom there, the Suisun Bay, is
25 linked to the one I just marked?
26 A. Captain Hook Fishing?
27 Q. Yeah.
28 A. No.
1594
1 Q. You haven't checked that out?
2 A. As I said before, no, I haven't checked that
3 linkage.
4 MR. GERAGOS: Thank you. I have no further questions.
5 MR. HARRIS: No further questions. I would ask that
6 141 be admitted and also any of the previous exhibits that
7 haven't been admitted with Detective Hendee be admitted.
8 THE COURT: You may step down.
9 Any objection?
10 MR. GERAGOS: No. I'd also move that all the defense
11 exhibits be moved in with the exception of the ones --
12 THE COURT: Let's go down the list. I need to get up
13 to speed, so I can start looking at them tonight.
14 THE CLERK: Is JJ there?
15 THE COURT: Pardon?
16 THE CLERK: I was looking for JJ.
17 THE COURT: Okay. Just so I'm in sync here, at least 1
18 through 95, People's, are all in evidence. All in evidence.
19 Everybody in agreement there?
20 MR. GERAGOS: Yes.
21 MR. HARRIS: Yes.
22 THE COURT: Okay. Defense up through L are in
23 evidence. Is that correct?
24 MR. GERAGOS: Yes.
25 MR. HARRIS: I believe so, yes.
26 THE COURT: Then we have Defense M through Y. Want to
27 look at those, Mr. Geragos?
28 MR. GERAGOS: I remember those, and I'd move that those
1595
1 go in.
2 THE COURT: Okay. Everybody in agreement those are in?
3 MR. HARRIS: I'm trying to -- is that the newspaper
4 articles?
5 THE COURT: That's the --
6 THE CLERK: Photographs.
7 MR. GERAGOS: Photographs.
8 THE COURT: Up to Y they're all photographs of the --
9 MR. DISTASO: Can you hold them up? I don't know which
10 ones he's referring to. I don't know if those were ones I
11 did or --
12 THE CLERK: Those are the little ones.
13 MR. GERAGOS: Yeah, they're the three-by-fives.
14 THE COURT: They haven't been moved in yet. I know
15 that.
16 MR. DISTASO: Are these People's exhibits, Judge?
17 THE COURT: No. These are M through Y, Defense
18 exhibits.
19 MR. DISTASO: These are all marked as People's
20 exhibits, the ones just handed to me. So I don't know which
21 ones --
22 THE CLERK: No. It's M.
23 THE COURT: They were eight-by-twelves, I believe. I
24 think they were the ones that weren't too clear.
25 MR. GERAGOS: Yeah, I think they are, too. I just
26 can't lay my hands on them as I'm sitting here.
27 MR. DISTASO: Oh, I know what they were, Judge. You
28 know what? Yeah, those were defense exhibits we were
1596
1 talking about with Detective Brocchini. I'm not going to
2 object to those, assuming there's no objection to these
3 additional photographs I moved in from Detective Brocchini.
4 MR. GERAGOS: No.
5 MR. DISTASO: So if that's the case, yeah, there's no
6 objection.
7 THE COURT: M through Y are in evidence.
8 (Whereupon Defense Exhibits M through Y,
9 inclusive, were received in evidence.)
10 THE CLERK: Judge, 88, 89, 90, 91, 92, were they
11 received?
12 MR. GERAGOS: 88 through 92 I believe was. Those are
13 the five photos marked by the People.
14 THE COURT: The photos inside the boat, I believe those
15 are already in evidence. If not, they're in evidence now.
16 Nobody has any objection. 88 through 92. Agreed?
17 MR. GERAGOS: Yes.
18 THE COURT: Agreed?
19 MR. GERAGOS: Yes.
20 MR. DISTASO: Yes, Your Honor.
21 THE COURT: I didn't have it checked off either, but I
22 think we at one point covered an awful lot of separate items
23 and they were included in that.
24 (Whereupon People's Exhibits 88 through
25 92, inclusive, were received in
26 evidence.)
27 MR. DISTASO: Just so I'm clear, Your Honor, basically
28 all exhibits from both sides have been admitted?
1597
1 THE COURT: Well, let me work my way through the list.
2 MR. DISTASO: Oh, okay.
3 MR. GERAGOS: We're not there yet.
4 THE COURT: Z was The Modesto Bee article of February
5 27th. People oppose that.
6 MR. DISTASO: I withdrew that.
7 MR. GERAGOS: He withdrew that.
8 MR. DISTASO: Based on the printout.
9 THE COURT: So that is in?
10 MR. GERAGOS: Yes.
11 (Whereupon Defense Exhibit Z was
12 received in evidence.)
13 THE COURT: And 96, 97 are already in evidence.
14 So 98 through --
15 THE CLERK: 124.
16 THE COURT: -- 124 are photographs through Detective
17 Brocchini. I think those -- are those the small ones?
18 THE CLERK: Are those the small ones?
19 MR. DISTASO: Which ones was that?
20 THE COURT: 98 --
21 MR. DISTASO: That's right, Your Honor.
22 THE COURT: -- through 124 are not covered yet.
23 MR. DISTASO: Those are the ones that Mr. Geragos and
24 myself just talked about.
25 THE COURT: Want to look at those, Mr. Geragos?
26 MR. GERAGOS: Yes. That's fine.
27 THE COURT: No objection, 98 through 124?
28 MR. GERAGOS: No objection.
1598
1 THE COURT: In evidence.
2 (Whereupon People's Exhibits 98 through
3 124, inclusive, were received in
4 evidence.)
5 THE COURT: 125 and 126 are already in evidence, as are
6 127, 28, and 29.
7 MR. GERAGOS: Now, I believe --
8 MR. DISTASO: Your Honor --
9 MR. GERAGOS: -- 130 and 131 are the two pictures which
10 we've agreed or stipulated the Court can look at by
11 reference or identification only. We do not want to move
12 those in jointly. We've decided we do not want to move
13 those in.
14 MR. DISTASO: That's correct, Your Honor.
15 THE COURT: Well, the problem with that, either it's in
16 evidence or not. If it's in evidence and you want to keep
17 it from the public, we have to go through the procedures of
18 sealing them.
19 MR. GERAGOS: Well, then that's what I would ask.
20 THE COURT: I have not looked at them.
21 MR. GERAGOS: I would ask that we go through that
22 procedure for 130, 131; for Defendant's DD, EE, FF, and GG.
23 MR. DISTASO: And I join in that.
24 MR. GERAGOS: And I will hand those to the Court so the
25 Court -- we can go through the process and the Court can
26 make the appropriate findings.
27 THE COURT: Because the court clerk has been approached
28 by the press or the media about looking at the evidence. I
1599
1 didn't want to be bothered while the case was proceeding.
2 I've indicated anything in evidence they will have an
3 opportunity to see once we've concluded the matter. But
4 items 130, 131, Delta Delta, Echo Echo, Frank Frank and
5 George George, the Court will additionally seal those for
6 the time being; and if they want to make a motion to open
7 them up, we'll do that.
8 MR. GERAGOS: Okay.
9 THE CLERK: They're received but sealed?
10 THE COURT: They are received in evidence, but they are
11 sealed conditionally pursuant to the Rules of Court.
12 What's that number? 220 -- 270 --
13 MR. GERAGOS: 223.1 [sic].
14 MR. HARRIS: One and two.
15 MR. GERAGOS: Yes. One and two.
16 (Whereupon People's Exhibits 130 and 131
17 and Defense Exhibits DD, EE, FF and GG
18 were received in evidence and sealed
19 pursuant to Sections 243.1 and 243.2 of
20 the California Rules of Court.)
21 MR. GERAGOS: HH and II, there is no objection.
22 MR. DISTASO: No objection.
23 MR. GERAGOS: And I believe the same for JJ.
24 MR. DISTASO: What was it?
25 THE COURT: Captain Hook's --
26 MR. DISTASO: Oh, yeah. No objection.
27 MR. GERAGOS: And I have no objection to 141 that was
28 just marked.
1600
1 THE COURT: JJ is the one for the defense?
2 MR. GERAGOS: Yeah, JJ is the three-page website
3 reproduction.
4 THE COURT: Okay. To make clear then, HH, II and JJ
5 are all in evidence. No objection?
6 MR. DISTASO: That's right, Your Honor.
7 (Whereupon Defense Exhibits HH, II and
8 JJ were received in evidence.)
9 THE COURT: People's -- we have to go through 132 are
10 already in evidence through 138. 139, I didn't make a
11 notation that being in. That's the photograph of the
12 pliers. I assume there's no objection?
13 MR. GERAGOS: No.
14 THE COURT: And 140, 141, no objection?
15 MR. GERAGOS: No objection.
16 (Whereupon People's Exhibits 139, 140
17 141 were received in evidence.)
18 THE COURT: So everything that's been marked, I
19 believe is in evidence. Is that correct? Everybody in
20 sync?
21 MR. DISTASO: Yes.
22 MR. HARRIS: Yes.
23 THE COURT: And the Court is conditionally sealing 130,
24 131, DD through GG.
25 MR. DISTASO: That's fine, Your Honor.
26 THE COURT: What's expected tomorrow, then?
27 MR. DISTASO: Tomorrow, Your Honor, at 9:00 o'clock,
28 I'm going to put Detective Jacobson on and then Detective
1601
1 Buehler; and then after those two witnesses, the People will
2 rest.
3 THE COURT: How long are they anticipated?
4 MR. DISTASO: Oh, Detective Jacobson I think will be
5 fairly brief. Detective Buehler, fairly brief from the
6 People, maybe an hour. But I don't know how long
7 Mr. Geragos is going to go.
8 THE COURT: Defense going to call any witnesses
9 tomorrow, Mr. --
10 MR. GERAGOS: Depends on the extent of what they do
11 with Detective Buehler.
12 THE COURT: Even if you do, I assume we'll finish
13 tomorrow, then?
14 MR. GERAGOS: Yes.
15 THE COURT: Okay. So we'll see you tomorrow morning at
16 9:00 AM, then.
17 MR. DISTASO: That's fine.
18 MR. GERAGOS: Thank you, Your Honor.
19 (Evening recess at 3:10 p.m.)
20
21 --o0o--
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