18TH- JACOBSON / WRAP

1607
1 records?
2 A. Yes, sir, I did.
3 Q. And did you take both of the -- of those -- well,
4 let's -- trying to make it quick, but let's not do that
5 because it's going to be confusing.
6 Did you take the records of Scott Peterson, his cell
7 phone records and did you go through them in detail?
8 A. Yes, sir, I did.
9 Q. Did you put those records -- did you put those
10 telephone calls -- did you find calls where Scott Peterson
11 had called the number that subscribed to Amber Frey?
12 A. Yes, sir, I did.
13 Q. And did you put those particular numbers on a
14 chart?
15 A. Yes, sir, I did.
16 Q. And is the charts that you used, are those behind
17 you there?
18 A. Yes, sir, they are.
19 Q. And that would be People's 142 through 145?
20 A. Yes, sir.
21 Q. Okay. And if you could, just -- and, now, let me
22 ask you this. Did you go through the records of Amber Frey?
23 A. Yes, sir, I did.
24 Q. And did you take the records from Amber Frey and
25 find out the times when her telephone, the number you
26 already gave us, contacted the phone numbers associated with
27 the defendant?
28 A. Yes, sir.

1608
1 Q. And did you also put those numbers on the charts of
2 People's 142 through 145?
3 A. Yes, sir, I did.
4 Q. And can you take the Court through just briefly,
5 just take him through that chart? What do all the things on
6 there mean? There's some writings in pink, some writings in
7 blue. Go ahead and take the Court through that.
8 A. As you will see, the first month is November of
9 2002, with a start date of November 19th of 2002, which is
10 the first documented call that I was able to find between
11 Scott Peterson and Amber Frey.
12 The calls that you will see in the pink are calls that
13 Amber Frey made outgoing where they were incoming to Scott
14 Peterson's cell phones. The calls in the blue are the Scott
15 Peterson's outgoing phone calls or incoming to Amber Frey.
16 Starts November.
17 Q. Here. I can flip these for you. Go ahead keep
18 your seat because of your leg.
19 Let's go through November. Hold on a second.
20 So November 19th was the first documented calls between
21 these parties?
22 A. Yes.
23 Q. Looks like there was a call on the 20th?
24 A. Yes.
25 Q. 21st?
26 A. Yes.
27 Q. A couple calls on the 22nd?
28 A. Yes.

1609
1 Q. Couple calls on the 24th?
2 A. Yes.
3 Q. Were those -- does that detail all the calls you
4 found from the records regarding these two parties in
5 November?
6 A. Yes.
7 Q. Now, regarding the month of December, there's some
8 more writing on the chart. The blue and pink writing, does
9 that remain the same throughout all these charts?
10 A. Yes, sir, it does.
11 Q. Okay. So on the 2nd, it looks like there was a
12 call from the defendant to Amber Frey?
13 A. Yes.
14 Q. And then two calls on the 3rd?
15 A. Yes.
16 Q. And then one call on the 4th?
17 A. Yes.
18 Q. One call on the 5th?
19 A. Yes.
20 Q. One call on the 7th?
21 A. Yes.
22 Q. Six calls on the 9th?
23 A. Yes, sir.
24 Q. And when I'm -- as I'm going through this, so the
25 record's clear, I'm putting the pink and blue calls
26 together; right?
27 A. Right.
28 Q. And so these were just contacts between the two

1610
1 parties you were able to document?
2 A. Correct.
3 Q. On the 10th there's three calls?
4 A. Yes.
5 MR. DISTASO: On the -- was there an objection? I'm
6 sorry?
7 MR. GERAGOS: I was just asking Mr. McAllister if any
8 of this qualifies as leading.
9 MR. DISTASO: I'm just trying to --
10 MR. GERAGOS: Save time?
11 MR. DISTASO: If you want me to go through it slower, I
12 can ask him what each date was.
13 MR. GERAGOS: No.
14 THE COURT: No objection. You may proceed.
15 MR. DISTASO: Q. On the 10th there was three calls?
16 A. Yes, sir.
17 Q. The 11th, there was two?
18 A. Yes.
19 Q. The 12th, there was one?
20 A. Correct.
21 Q. No calls on the 13th?
22 A. That's correct.
23 Q. One call on the 14th?
24 A. Yes.
25 Q. And three calls on the 15th?
26 A. Yes.
27 Q. Five calls on the 16th?
28 A. Correct.

1611
1 Q. Four calls on the 17th?
2 A. Yes, sir.
3 Q. Two on the 18th?
4 A. Yes.
5 Q. Eight calls on the 19th?
6 A. Correct.
7 Q. Two calls on the 20th?
8 A. Yes.
9 Q. Two calls on the 21st?
10 A. Correct.
11 Q. Two calls on the 22nd?
12 A. Correct.
13 Q. One call on the 23rd?
14 A. Yes.
15 Q. No calls between the parties on December 24th?
16 A. That's correct.
17 Q. December 25th, seven calls?
18 A. Yes.
19 Q. December 26th, 16 calls?
20 A. Yes.
21 Q. With the majority of those calls being Amber
22 Frey's --
23 A. That's correct.
24 Q. -- calling the defendant?
25 A. That's correct.
26 Q. In fact, on the 26th, it looks like there's only
27 two calls from the defendant to Amber Frey?
28 A. That's correct.

1612
1 Q. On the 27th, seven calls?
2 A. Yes.
3 Q. On the 28th, five calls.
4 A. Yes.
5 Q. The 29th, five calls between the parties?
6 A. That's correct.
7 Q. The 30th, five calls between the parties?
8 A. Yes, sir.
9 Q. The 31st, six calls between the parties?
10 A. Yes, sir.
11 Q. Okay. And does that -- does this chart properly
12 document all the calls you found from the records between
13 these two parties?
14 A. For those numbers, yes.
15 THE COURT: For the record, I assume you're referring
16 to 143?
17 MR. DISTASO: That's right, Your Honor, 143.
18 THE COURT: Wait a minute.
19 MR. DISTASO: 143.
20 Q. That's the month of December; right?
21 A. Yes.
22 Q. Now, for the month of January of 2003, this is 144,
23 for the record, we can go through -- there were two calls on
24 the 1st?
25 A. Yes.
26 Q. Five calls on the 2nd?
27 A. Yes.
28 Q. Three calls on the 3rd?

1613
1 A. Yes, sir.
2 Q. Five calls on the 4th?
3 A. Yes, sir.
4 Q. Three calls on the 5th?
5 A. Yes, sir.
6 Q. Six calls on the 6th?
7 A. Yes, sir.
8 Q. And it looks like all of these calls were the
9 defendant calling Amber Frey?
10 A. That's correct.
11 Q. One call on the 7th?
12 A. Yes.
13 Q. Five calls on the 8th?
14 A. That's correct.
15 Q. One call on the 9th?
16 A. Yes.
17 Q. Two calls on the 10th?
18 A. Yes, sir.
19 Q. And, for the record, these -- the legend that you
20 wrote on each chart, it's -- it lists, like when we're
21 talking about the calls, it will say Cell 2 or it will say
22 Cell 1, you've listed the legend that corresponds to what
23 phone number is being called; is that correct?
24 A. Yes, sir.
25 Q. All right. On the 11th, one call?
26 A. Yes, sir.
27 Q. On the 12th, four calls?
28 A. Yes.

1614
1 Q. On the 14th, one call?
2 A. Yes, sir.
3 Q. On the 14th, four calls?
4 A. Yes, sir.
5 Q. The 15th, four calls?
6 A. Yes, sir.
7 Q. The 16th, five calls?
8 A. The 17th.
9 Q. I'm sorry. 16th, no calls?
10 A. That's correct.
11 Q. The 17th, five calls?
12 A. Yes, sir.
13 Q. 18th, one call?
14 A. That's correct.
15 Q. The 19th, four calls?
16 A. That's correct.
17 Q. The 20th, three calls?
18 A. Yes, sir.
19 Q. No calls on the 21st or 22nd?
20 A. Correct.
21 Q. The 23rd, three calls?
22 A. Yes, sir.
23 Q. The 24th, one call?
24 A. Yes.
25 Q. The 25th, five calls?
26 A. Correct.
27 Q. 26th, no calls?
28 A. That's correct.

1615
1 Q. 27th, three calls?
2 A. Yes, sir.
3 Q. 24th, four calls?
4 A. 28th.
5 Q. I'm sorry. 28th, four calls?
6 A. That's correct.
7 Q. The 29th, no calls?
8 A. That's correct.
9 Q. The 30th, three calls?
10 A. Yes, sir.
11 Q. And the 31st, between these two parties there was
12 four calls?
13 A. That's correct, yes, sir.
14 Q. That properly reflects the calls that you
15 documented for the month of January?
16 A. For those numbers, yes, sir.
17 MR. GERAGOS: At this point the document speaks for
18 itself.
19 MR. DISTASO: Well, I think I'm allowed to go through
20 it.
21 THE COURT: You can save time. The witness is entitled
22 to summarize it, even though the document I assume will come
23 into evidence. I'll allow it.
24 MR. DISTASO: Q. All right. On February 1st, it looks
25 like there was twelve calls between the parties?
26 A. Yes, sir.
27 Q. And that breaks down to four calls from the
28 defendant to Amber Frey?

1616
1 A. That's correct.
2 Q. And the remaining calls from Amber Frey to the
3 defendant?
4 A. That's correct.
5 Q. Two calls for the 3rd?
6 A. Yes, sir.
7 Q. Five calls for the 4th?
8 A. Yes, sir.
9 Q. Two calls for the 5th?
10 A. Yes.
11 Q. Three calls for the 6th?
12 A. That's correct.
13 Q. Six calls on the 7th?
14 A. Yes.
15 Q. And all of those calls are the defendant calling
16 Amber Frey?
17 A. That's correct.
18 Q. Six calls for the 8th?
19 A. Yes.
20 Q. Two calls for the 9th?
21 A. Correct.
22 Q. Five calls for the 10th?
23 A. Yes.
24 Q. No calls on the 11th or 12th?
25 A. That's correct.
26 Q. Four calls or --
27 A. Two.
28 Q. Two calls for the 13th?

1617
1 A. That's correct.
2 Q. No calls on the 14th?
3 A. That's correct.
4 Q. Two calls on the 15th?
5 A. Yes.
6 Q. One call on the 16th?
7 A. Yes.
8 Q. One call for the 17th?
9 A. Yes.
10 Q. The times you've listed by these calls, these are
11 the times the calls were made?
12 A. Yes.
13 Q. No call on the 18th?
14 A. That's correct.
15 Q. One call on the 19th?
16 A. That was the last documented call was
17 February 19th.
18 Q. Okay. What is the -- from November 19th, the first
19 call, to February 19th, the last call, how many days took
20 place?
21 A. It's a 93-day period between November 19th and
22 February 19th.
23 Q. And how many -- we went through all of these calls,
24 but what's the total number of calls during that time
25 period?
26 A. At least 241 calls.
27 Q. Now, as part of your investigation, did you also
28 look into cell site information, and what I mean by that is,

1618
1 the physical location that some of these calls were made?
2 A. Yes.
3 Q. And briefly, for the Court, can you just describe
4 briefly what I mean by cell site information?
5 A. What you asked me to do is to research specific
6 calls that you had asked to see if I could locate an
7 approximate location of where those calls were made in
8 relation to the state of California.
9 Q. Okay. And does a cell phone use a particular cell
10 site?
11 A. Yes.
12 Q. Does it use the same cell site, no matter where you
13 are in the state?
14 A. No.
15 Q. Okay. So as the -- as the -- as a phone is
16 traveling or being used, does it switch cell sites?
17 A. Yes.
18 Q. Okay. Did I ask you to look up some cell site
19 information in the phone records and then talk to the
20 custodian of records about regarding some calls made on
21 December 24th?
22 A. Yes, sir, you did.
23 Q. All right.
24 (Whereupon counsel conferred, off the
25 record.)
26 Q. Now, as a foundational matter, did -- when you were
27 looking into the defendant's cell phone records, do those
28 records come to you in Eastern Standard Time?

1619
1 A. Some of the records came to me in Eastern Standard
2 Time. Others came to me in Pacific Standard.
3 Q. Okay. Regarding the phone number (209)505-0337,
4 did you look into the cell site information for that
5 particular phone number on December 24th?
6 A. Yes, sir, I did.
7 Q. And that phone number was subscribed to the
8 defendant; correct?
9 A. Yes, sir, it was.
10 Q. Okay. Let me show you People's 146. And is that
11 too high? You want me to --
12 A. No, that's fine.
13 Q. You can see it up there?
14 Okay. On December 24th -- well, actually, let me just
15 ask you this. How many calls were made from that particular
16 cell phone on December 24th?
17 A. There was several calls made.
18 Q. All right. Do you know when the first call was
19 made?
20 A. The first call that you had me look into was at
21 10:08 AM.
22 Q. All right. And at 10:08 AM, that's Pacific
23 Standard Time?
24 A. Yes, it is.
25 Q. Where -- what cell phone tower was that phone using
26 at that time?
27 A. At the initiation of the call, the cell tower was
28 at 1250 Brighton Avenue, which services the area of 523

1620
1 Covena.
2 Q. So the 1250 Brighton cell tower is the one that
3 services the area of the defendant's residence?
4 A. That's correct.
5 Q. And how long was that particular call?
6 A. That call was -- that was the 10:08 AM. It was one
7 minute and 21 seconds.
8 Q. And what number did that call -- what number did
9 that call dial?
10 A. It dialed the same number you just gave, the (209)
11 505-0337. In essence, what happened was it called its
12 voicemail.
13 Q. Okay. Did that call -- did the call stay with the
14 1250 Brighton Avenue cell site during the duration of the
15 entire call?
16 A. No.
17 Q. And did it transfer to another cell site?
18 A. Yes, it did.
19 Q. And what was that cell site?
20 A. The terminating cell site location was at Tenth and
21 D at the water tower near downtown Modesto.
22 Q. On this chart does it reflect first call 10:08 AM?
23 A. Yes, it does.
24 Q. Then you wrote 1250 Brighton?
25 A. Initiation of the call, yes.
26 Q. Can you just put a slash on there or something
27 there that references Tenth and D so we know all about that
28 call?

1621
1 A. (Witness complied.)
2 Q. Okay. Thanks.
3 And then what was the next call that occurred on
4 December 24th?
5 A. The next call was the one that you see on the far
6 left corner there, this one here at 2:12 PM.
7 Q. Okay. Before we talk about that, are you aware of
8 what cell site services the defendant's shop location at
9 1027 North Emerald?
10 A. Yes, sir, I am.
11 Q. What cell site location is that?
12 A. It's 929 Woodland Avenue.
13 Q. Now, do you know where that address, 929 Woodland,
14 is in relation to the defendant's shop?
15 A. I do.
16 Q. Where is it in relation?
17 A. It's several blocks away.
18 Q. Now, let's go to the next call. There was some
19 calls later in the day; correct?
20 A. That's correct.
21 Q. Okay. When was the next one? Tell us about that
22 one.
23 A. This box here encompasses the calls between 2:12 PM
24 and 2:17 PM, which were all made at the same cell site
25 location at 2600 Tenth Street in Berkeley.
26 (Whereupon the reporter requested the
27 answer to be repeated.)
28 A. There were three calls made between 2:12 and 2:17

1622
1 PM from the cell site location at 2600 Tenth Street in
2 Berkeley, California.
3 Q. And you said the first one started at 2:12?
4 A. Yes, sir.
5 Q. And who -- is that the cell site that services the
6 Berkeley Marina?
7 A. Yes, it is.
8 Q. Who were those calls made to?
9 A. The first one was a repeat, checking voicemail. It
10 was a 28-second duration call.
11 The second one was a call to the home, the home phone,
12 Scott and Laci's home phone. It's an SBC land line. It's
13 the (209)524-2049. That was a 29-second call.
14 The third one was a call to a Verizon Wireless that
15 Laci Peterson was using. That's the (209)402-8806 number.
16 Q. Okay. How long --
17 A. That was a 30-second duration.
18 Q. Thirty-second call. Okay. Thank you.
19 Where were the next series of calls made or next call?
20 A. The fifth call was made at 2:34 PM coming down
21 south at 95 -- cell site location at 9500 Stearns Avenue in
22 Oakland.
23 Q. And what call -- tell us about -- just detail that
24 call for us.
25 A. That was a call to an AT&T Wireless being used
26 and subscribed by Greg Reed. It was a
27 five-minute-and-one-second duration call at that cell site
28 location.

1623
1 Q. When was the next call made?
2 A. The next call was call number six at 2:40 PM. The
3 cell site location was 20103 Lake Chabot Road in Castro
4 Valley.
5 Q. Just for the record, on the chart you've put little
6 cell phones in blocks where these calls were made?
7 A. That's correct, sir.
8 Q. This is on a map?
9 A. Yes, sir, it is.
10 Q. Tell me about the next call. Tell me about the
11 sixth call. Just detail that for me.
12 A. Sixth call was made to an AT&T Wireless cell phone
13 subscribed by San Diego Crating and Packing with the user
14 name being Jacqueline Peterson. It was
15 three-minute-nine-second call.
16 Q. What about the next call?
17 A. Next call was call number seven that you see on the
18 chart at 2:45 PM, originating at the cell site location of
19 6390 Grassland Drive in Castro Valley, California; and that
20 is also to an AT&T Wireless cell phone at San Diego Crating
21 and Packing, which was a two-minute-27-second duration call.
22 MR. GERAGOS: The record reflect that the detective is
23 looking through some notes, and I'd ask that a copy of that
24 be made for the defense. It's my understanding, I think
25 it's 771 of the Evidence Code, if the witness uses notes in
26 preparation for testifying, that those notes are -- or the
27 adverse party is entitled to have a copy of those notes.
28 THE COURT: What are you referring to, Detective

1624
1 Jacobson?
2 THE WITNESS: Exactly what he said, notes that I
3 prepared for the questions that Mr. Distaso was going to ask
4 me this morning.
5 THE COURT: You haven't given those to Mr. Distaso or
6 anyone else?
7 MR. DISTASO: No, I do have them, Your Honor. They're
8 notes that he just prepared for testimony. All that
9 information on there is contained in the cell phone records
10 that's already been turned over.
11 THE COURT: Well --
12 MR. DISTASO: I don't mind him having a copy of this,
13 though.
14 THE COURT: Okay. I'll have the clerk -- it's only
15 three pages. I'll have the clerk make copies right now.
16 Let her have it.
17 MR. DISTASO: Yeah, that's fine.
18 THE COURT: Just one copy needed, I believe.
19 MR. GERAGOS: That's fine. We'll share.
20 MR. DISTASO: Want me to keep going?
21 THE COURT: You can.
22 MR. DISTASO: He probably can keep going. Can you keep
23 going without your notes?
24 THE WITNESS: Except if you don't ask me the duration
25 of the calls, I have to have the notes.
26 MR. DISTASO: Okay. Well, let's just wait one second,
27 Your Honor.
28 THE COURT: While she's doing that, these times you're

1625
1 giving us, are these all Pacific Standard Times?
2 THE WITNESS: Yes, sir, they are. They're converted
3 from the Eastern Standard Times that Mr. Geragos had a
4 question about.
5 MR. DISTASO: You know, also, for the record, Your
6 Honor, I will say this. All of the information in those
7 notes is contained in supplemental reports that have been
8 discovered that Investigator Jacobson prepared. This is
9 just easier, so if we want to do it this way, it's fine.
10 (Pause.)
11 THE COURT: When I saw it, I thought it was only three
12 pages. It's 10 or 15 pages.
13 THE WITNESS: It's lengthier than that, yes, sir.
14 THE COURT: What pages do you need and she'll start
15 working on it?
16 THE WITNESS: I think Mr. Geragos wanted these cell
17 site locations, Your Honor.
18 MR. GERAGOS: If it's going to take a couple minutes
19 and he wants to testify from it, I'll wing it while I'm
20 crossing with the notes.
21 THE COURT: Do you need to see these?
22 THE WITNESS: I do, if he asks me questions regarding
23 the duration of those calls. But those are the --
24 THE COURT: We'll do it at the break. I saw you
25 flipping through the pages. I thought there was only three.
26 (People's Exhibit 147 was marked for
27 identification.)
28 THE CLERK: 147.

1626
1 MR. DISTASO: Q. Okay. Detective, whatever we -- I
2 can't remember what call we left off on.
3 A. The seventh call there at 6390 Grassland Drive,
4 Castro Valley.
5 Q. Detail -- give me the details of that particular
6 call.
7 A. That was a call made to an AT&T Wireless subscribed
8 by San Diego Crating and Packing again. The call duration
9 was two minutes 27 seconds.
10 Q. And that particular -- again, that phone is
11 subscribed to Jacqueline Peterson?
12 A. Its user is Jacqueline Peterson, but the actual
13 subscriber is San Diego Crating and Packing.
14 Q. Okay. Let's see. Tell me about the eighth call.
15 A. The eighth call was made at 3:52 PM. The cell site
16 location covering that particular call was 4959 South Front
17 Road in Livermore, California. It was a call to the land
18 line, once again, the SBC land line at (209)524-2049, the
19 home telephone number for Scott and Laci Peterson.
20 Q. Okay. That's what I was going to ask. That was a
21 call from that location or somewhere in the vicinity of that
22 cell tower to the home at 523 Covena?
23 A. That's correct.
24 Q. And then what was the ninth call?
25 A. The ninth call was a call made back at the
26 residence at 1250 Brighton Avenue. That's the cell site
27 location that covered it.
28 Q. That was -- could you detail that call?

1627
1 A. I don't have the information to detail that exact
2 ninth call.
3 Q. Okay. But you do have the information that a call
4 was made at 5:54 in back at --
5 A. Back --
6 Q. -- using the 1250 Brighton Avenue cell site?
7 A. That's correct.
8 Q. Okay. Let me show you People's 147, and do you
9 recognize this particular document?
10 A. Yes, I do.
11 Q. And what is that?
12 A. This appears to be a blown-up copy of a Microsoft
13 maps and streets document that I attached to a supplemental
14 report that was discovered to both you and the defense.
15 Q. Okay. And does this -- does this map detail kind
16 of the locations you've been talking about, just, for
17 example, the cell tower at 1250 Brighton?
18 A. This shows the approximate location of the cell
19 site location at 1250 Brighton Avenue in relation to Scott
20 Peterson -- Scott and Laci's home at 523 Covena Avenue. It
21 also depicts the cell tower location at Tenth and D Street
22 that I testified earlier about the handoff on that first
23 call.
24 Q. Okay.
25 A. It also shows the cell site location of 929
26 Woodland Avenue in relation to Scott's business over at 1027
27 North Emerald.
28 Q. You put another cell tower on there, one at 115

1628
1 Frances?
2 A. That's correct.
3 Q. Why was that one on there?
4 A. There were calls made where there were handoffs to
5 115 Frances Avenue, either on the 24th or in relation to
6 that period of time where this cell site location was also
7 used for calls.
8 Q. Okay. But the calls that we've talked about, the
9 ones that were referenced in People's 146, the cell site
10 locations that are on that document are all the cell site
11 locations that handled those particular calls?
12 A. That's correct, sir.
13 MR. DISTASO: Okay. No further questions, Your Honor.
14 THE COURT: Mr. Geragos.
15
16 CROSS-EXAMINATION
17
18 MR. GERAGOS: Q. Detective, the first chart they gave
19 you with Amber Frey calls and Scott Peterson calls, was
20 there a call on Valentine's Day?
21 A. Which is February --
22 Q. I'm sure your significant other appreciates that.
23 Is there a call on February 14th?
24 A. Start knocking my significant other, sir, I'll get
25 this crutch out here.
26 Q. She may take -- she may have been the one who broke
27 your leg in the first place.
28 A. It's February 4th; right?

1629
1 Q. No, it's not February 4th. It's February 14th.
2 A. There you go. No, there were no calls made on
3 February 14th.
4 Q. Now, the chart that's here, which is 146, now,
5 there's -- you have a -- I guess some notes there that
6 summarize a previous document that you prepared, I think,
7 which had by day every single phone call that was made;
8 isn't that correct?
9 A. Let me see this document. On the 24th? That's
10 correct.
11 Q. Okay. Now, these are the notes that you're
12 referring to today?
13 A. Yes.
14 Sorry.
15 Q. Okay. The -- is it fair to say that the first call
16 that you've got on the 24th was at 10:08?
17 A. 10:08, yes.
18 Q. That was at what cell tower?
19 A. The cell site location that covered that first call
20 was 1250 Brighton Avenue, and a transfer occurred on that
21 call to Tenth and D Street as well, so there were actually
22 two cell site locations used to cover that call.
23 Q. Okay. Can you point to the Tenth and D site?
24 A. (Indicating.)
25 Q. Okay. Where is the warehouse?
26 A. The warehouse is directly north and west of that
27 location.
28 Q. Okay. So does it appear that he's driving from the

1630
1 house and that, while making the phone call, that the cell
2 phone site switches, if you will?
3 A. That would be my -- that would be my understanding.
4 Q. That's your best guess --
5 A. Yes.
6 Q. -- as to what's going on?
7 Is it also a fair statement that you never really know
8 what cell phone site -- well, you know the cell phone site
9 that registers?
10 A. Yes.
11 Q. But there are problems with the cell phone sites in
12 terms of trying to determine exactly where somebody is;
13 isn't that correct?
14 A. As in locating them to a specific point?
15 Q. That's correct. Sometimes --
16 A. Right.
17 Q. -- they can be outside of the specific cell phone
18 site area. That's why you get static or you lose your
19 connection or things of that nature; isn't that correct?
20 A. What happens is these cell site locations have
21 specific radiuses, so although like, for instance, one of
22 the radiuses at 1250 Brighton covering Scott's home I
23 believe it's 1.42 miles. So we can say, roughly, that that
24 call originated somewhere within 1.42 miles of this radius
25 at 1250 Brighton. But saying he's at a particular location
26 within that 1.42 miles would be very difficult to say.
27 Q. Okay. Technology is not designed -- that cell site
28 technology is not designed to pinpoint the exact location;

1631
1 right?
2 A. That's correct.
3 Q. Okay. So all you're doing is surmising that
4 sometime at around 10:08, he's leaving the radius, if you
5 will, around Brighton and entering the other radius around D
6 Street; is that correct?
7 A. Tenth and D, that's correct, yes, sir.
8 Q. So you're surmising that he's going to the
9 warehouse; is that correct?
10 A. I'm surmising that he's heading -- he's heading
11 west.
12 Q. Okay. You have some indication -- I mean, you're
13 familiar with this investigation; is that correct?
14 A. I am, yes, sir.
15 Q. We had on yesterday a computer expert. That
16 computer expert's taken a look at his hard drive. You're
17 familiar with that; isn't that correct?
18 A. Yes, sir.
19 Q. Okay. You're familiar that he's at the warehouse
20 sometime shortly after 10:08, if you believe that he's the
21 one that accessed the computer at the warehouse; correct?
22 A. Yes.
23 Q. And he's there at the warehouse for a period of
24 time up until almost 11:00 o'clock, if you accept that he's
25 the one that's on the computer and using that hard drive?
26 A. That's correct.
27 Q. Okay. Then you have a series of phone calls and
28 the -- I think you said there were three of them. But

1632
1 actually it looks like at 5:12. Do you have the document
2 that I'm referring to? Because yours looked like it was a
3 summary. Bates number stamped 16923.
4 A. I don't believe I have that one with me up at the
5 stand.
6 Q. You had mentioned that there was a -- I thought, if
7 I heard it right, that the next call was --
8 THE COURT: 2:12.
9 MR. GERAGOS: Yeah, 2:12.
10 Q. But there was another one at 2:12 that went into
11 voicemail; right?
12 A. Right. These calls are one in the same, to a
13 voicemail check that came back to that address using that
14 cell site.
15 Q. You say one "in the same," one at 2:12:15 seconds?
16 A. Right.
17 Q. One at 2:12:54 seconds?
18 A. Right. Still one in the same call.
19 Q. Okay. Now, so at that point, that 2600 Tenth
20 Street in Berkeley, have you gone up there to take a look at
21 that cell phone site?
22 A. I have not physically viewed the cell site
23 location, no.
24 Q. Okay. Do you know how close that is to the marina?
25 A. I can tell you, the radius of that cell site
26 location.
27 Q. Right.
28 A. The radius of that cell site location is 5.3 miles,

1633
1 which to Berkeley Marina falls within the radius of that
2 cell site location.
3 Q. Is it on the perimeter of the radius?
4 A. How far in? I can just testify that it's within
5 the 5.3 miles.
6 Q. So you don't know?
7 A. I haven't physically measured it.
8 Q. Okay.
9 A. I don't feel comfortable giving an approximation.
10 Q. Okay. Now, there is another phone call made at
11 5:34; is that correct?
12 A. That's correct.
13 Q. And then that's somewhere a radius around Oakland;
14 is that correct?
15 A. That's correct. It's a .9-mile radius, and it's at
16 9500 Stearns Avenue in Oakland.
17 THE COURT: I think we're going to make it difficult
18 for anyone reading the transcript later on if we jump from
19 Eastern --
20 MR. GERAGOS: That's true.
21 THE COURT: -- Standard Time and Pacific. So I assume
22 you meant 2:34 Pacific?
23 MR. GERAGOS: Yeah, looking -- let me ask a couple
24 questions about that.
25 Q. The raw data that you receive doesn't read either
26 Pacific or Eastern; you're surmising once again or you've
27 been told by somebody that in actuality it's Eastern?
28 A. What happens is the AT&T Wireless they have

1634
1 different sets of reports that they're able to review
2 through either fraud management or billing records; and,
3 unfortunately, fraud records or billing records could be in
4 Eastern Standard or Pacific Standard, depending upon which
5 system they look at. So they have responded via court order
6 or subpoena in either Eastern or Pacific Standard Times, so
7 they've responded to our court orders in either time period
8 or actually both time periods.
9 Q. So you're the one who's doing the conversion;
10 they're not doing the conversion. Is that fair to say?
11 A. Depending upon which supplement you're looking at
12 and which document I've prepared, it could be me doing the
13 conversion or AT&T Wireless.
14 Q. Okay. So the first three calls, which are a
15 voicemail and a call to the Peterson house and a call to
16 Laci's cell phone all range from 2:12 to 2:17; is that
17 correct?
18 A. That's correct.
19 Q. 2:34 Pacific Standard Time is to Greg Reed; is that
20 correct?
21 A. Yes, sir.
22 Q. And at that point the phone is in that .9-mile
23 perimeter of Oakland; is that right?
24 A. Of 9500 Stearns Avenue, specifically in Oakland,
25 yes.
26 Q. Okay. Then there's two calls at 2:40 and 2:45, and
27 that's to Lee Peterson, and the subscriber is Lee Peterson?
28 I think you testified that it was Jackie Peterson as the

1635
1 user?
2 A. Jackie's the listed user on AT&T Wireless, but I
3 know the cell phone to be used by Lee Peterson.
4 Q. Okay. And those are -- come back to a cell site in
5 Castro Valley; is that correct?
6 A. That's correct. Two different locations in Castro
7 Valley heading east, respectively.
8 Q. So that would also track with, as if the person
9 who's using the cell phone, if it's Scott Peterson, is
10 coming back from the marina --
11 A. Yes.
12 Q. -- and heading back to his house; is that correct?
13 A. That's correct.
14 Q. Okay. And the two calls to Lee Peterson are
15 nowhere near the Berkeley Marina; right?
16 A. No, they are some distance away from the Berkeley
17 Marina.
18 Q. Okay. So it's a safe bet that, when Lee Peterson
19 is being called by my client, he's -- my client's not
20 sitting in a boat at the Berkeley Marina; isn't that
21 correct?
22 A. That would be correct, yes.
23 Q. Okay. Now, at 2:45 -- I'm sorry -- 2:44, there's
24 another call to voicemail. When you say "voicemail," the
25 reason you surmise that is because the number that comes up
26 is the subscriber number?
27 A. That's correct.
28 Q. And when you access voicemail, the phone just dials

1636
1 itself?
2 A. Yes.
3 Q. Okay. Then at -- is it 4 -- 3:52?
4 A. 3:52, that's correct.
5 Q. There's a call to the Peterson -- to Laci and
6 Scott's home?
7 A. Yes.
8 Q. And at that point the phone is in Livermore?
9 A. That's correct. Further east.
10 Q. Going straight back to the house?
11 A. Yes.
12 Q. Okay. The next call is 5:44; is that right?
13 A. That's correct.
14 Q. That's to a 209 number. You've been unable to turn
15 that number, meaning find out who the subscriber was?
16 A. Right.
17 Q. Okay. And how long was that call?
18 A. I don't have the duration of that particular call
19 with me this morning.
20 Q. Okay. But immediately following that call, there's
21 a call to Amy Rocha?
22 A. That's correct.
23 Q. Okay. How long was that call?
24 A. I don't have those durations of those calls on that
25 supplemental report with me.
26 Q. Immediately after the call to Amy, there's a call
27 to Sharon?
28 A. Yes.

1637
1 Q. Within a minute?
2 A. Yes.
3 Q. Okay. Within a minute of that, there's a call to
4 Greg Reed?
5 A. That's correct.
6 Q. Do you know Greg Reed to be one of Mr. Peterson's
7 closest friends?
8 A. Yes.
9 Q. There's immediately within a minute another call to
10 Guy -- is it Milagi?
11 A. Miligi.
12 Q. Miligi?
13 A. Yes.
14 Q. You know that to be one of Laci and Scott's closest
15 friends?
16 A. Yes, sir, I do.
17 Q. Within less than a minute, there's another call to
18 Sharon's number; is that correct?
19 A. That's correct.
20 Q. Okay. Within a minute of that, there's another
21 incoming call that you haven't been able to identify; isn't
22 that correct?
23 A. That's correct.
24 Q. Okay. And then within, I think, eight minutes
25 there's another incoming call; is that correct?
26 A. I believe so, yes.
27 Q. At about 5:57?
28 A. Yes.

1638
1 Q. At 5:59, there's another call to Sharon; is that
2 correct?
3 A. That's correct.
4 Q. 6:03 there's two successive incoming calls, and you
5 don't know who they're from?
6 A. No. You're correct on that. They're unlisted.
7 Q. Okay. All those calls that I've just been through
8 with you, after the one at 3:52 and starting at 5:44, all of
9 those calls came back to Modesto; is that correct?
10 A. 1250 Brighton Avenue, yes, sir.
11 Q. Which would service Covena?
12 A. Yes, sir.
13 Q. So you're surmising that at that point when
14 Mr. Peterson, Scott, gets home, he's calling everyone around
15 or that knows Laci at that point, including Amy, Sharon,
16 Greg, Guy, Sharon again. Amy's getting calls virtually at
17 the same time?
18 A. Incoming, that's correct. Yes, sir.
19 Q. Then at 6:10 he calls 911; is that correct?
20 A. That's correct.
21 Q. And then there's a succession of calls after that,
22 and is it fair to say that all of the calls after that until
23 about 8:46 -- I take that back -- until about 7:14 are all
24 at the Brighton Avenue cell site area?
25 A. What was your time period on that, Mr. Geragos?
26 Q. Starting at about -- I think the first one's 5:44,
27 which is the unknown call?
28 A. Right.

1639
1 Q. And then going up until looks like 7:14?
2 A. Actually about 10:14 PM.
3 Q. Okay. Is that 10:14 Eastern or is that --
4 A. Oh, you're right. The conversion on this. This is
5 Eastern Standard. So you're right.
6 Q. So it would be 7:14?
7 A. That's correct.
8 Q. So it appears at that point there is all kinds of
9 activity on that phone?
10 A. Yes, sir.
11 Q. Between Amy, Guy, Sharon, Scott, Amy again, Greg
12 again, Stacey Boyers, a Laurie Ellsworth, Rene Garza, Brian
13 Ulrich, Rene Tomlinson, Lee Peterson, Greg Reed. Even Karen
14 Servas makes it on here. Isn't that correct?
15 A. That's correct, yes, sir.
16 Q. And all of these calls are either at the Brighton
17 or at the 10th and D location; right?
18 A. That's correct, sir.
19 Q. Okay. Now, you said on the cell phone charts that
20 were previously marked with Amber's calls that there was a
21 93-day span; is that correct?
22 A. Yes, sir, from November 19th to February 19th.
23 Q. Okay. And what did you do when you summarized all
24 of these calls? What did you do with the information?
25 A. I put them on the chart that's here in the
26 courtroom with me this morning.
27 Q. Okay.
28 A. And also you have a copy of the phone records

1640
1 yourself.
2 Q. You turned it over in discovery; is that correct?
3 A. That's correct.
4 Q. Okay. Then the -- by the way, do you have any or
5 did you have -- when did you obtain these records?
6 A. I started obtaining the phone records in the early
7 part of January of 2003.
8 Q. Okay.
9 A. With the assistance of the Modesto Police
10 Department.
11 MR. GERAGOS: I'm going to ask you -- I'm going to
12 change subjects, if I can, Judge. You said you would give
13 me some latitude on the surveillance, and I think he's an
14 appropriate person to make inquiry of.
15 THE COURT: Any objection?
16 MR. DISTASO: Well, if he's going to use this witness
17 as a witness in his case in chief, then I'd ask that he be
18 limited to direct questions, and I be allowed to
19 cross-examine the witness. Otherwise, I do object and he
20 can recall the witness in his case.
21 MR. GERAGOS: I don't think that I ever have an officer
22 deemed as or be forced to use an officer on direct.
23 THE COURT: I'm going to allow leading questions and
24 only direct from the prosecution, and I'm going to allow you
25 to get into that area now to save time.
26 MR. GERAGOS: Okay.
27 Q. Investigator Jacobson, is that correct?
28 A. I am a commoner, sir. You can call me whatever

1641
1 name you want to call.
2 Q. Okay.
3 A. Maybe first name would be appropriate.
4 Q. Okay. They call you "Jake," though, don't they?
5 A. They do call me that, yes, sir.
6 Q. That's not your first name?
7 A. That's a nickname.
8 Q. Okay. Jake, did you --
9 THE COURT: Let's refer to him as Mr. or Investigator.
10 MR. GERAGOS: Q. Investigator Jacobson, they have a --
11 there was a surveillance camera set up on a pole across the
12 street from Covena; is that correct?
13 A. Yes, sir.
14 Q. Were you involved in either the setting up of the
15 surveillance camera?
16 A. I was not involved in the physically -- the
17 physical setting up of that camera.
18 Q. Okay. The -- did you know that the surveillance
19 camera was being set up?
20 A. Yes, sir.
21 Q. Okay. When did you know that it was first set up?
22 A. I knew the day that the request was made to set up
23 the pole camera.
24 Q. Okay. What day was that?
25 A. I'm not quite sure what specific date it was. The
26 reason I know that the pole camera was set up --
27 Q. Okay. Did you --
28 A. I don't know the exact date, though. I didn't

1642
1 prepare any reports regarding that as well.
2 Q. Okay. Did you prepare any reports on the pole
3 camera or the surveillance of, or the monitoring of, that
4 surveillance at all?
5 A. No, sir.
6 Q. Okay. When that pole camera was set up, do you
7 know if that was in December?
8 A. It could have been late December, but I believe it
9 was possibly the first week of January.
10 Q. Okay. Was the -- who was the agency or what agency
11 set the camera up?
12 A. It was set up by the Drug Enforcement
13 Administration.
14 Q. Okay.
15 A. The Federal Drug Enforcement Administration.
16 Q. Okay. And you are on a task force jointly with the
17 DEA; isn't that correct?
18 A. Yes, sir.
19 Q. Okay. And are you the liaison, so to speak,
20 between the DEA and the DA's Office?
21 A. It could be looked at -- looked like that, yes,
22 that's correct.
23 Q. Now, as the liaison between the DEA and the DA's
24 Office, were you telling the DA's Office that there was a
25 surveillance camera set up across the street?
26 A. I don't believe I informed the DA's Office of the
27 setup of the pole camera. It was at that period of time
28 related to the Modesto Police Department.

1643
1 Q. You work for the DA's Office, technically, though,
2 don't you?
3 A. That's correct.
4 Q. Okay. They're the ones who sign your paycheck, so
5 to speak?
6 A. Yes, sir.
7 Q. Okay. And you were helping on this investigation
8 at that point; is that correct?
9 A. Yes, sir.
10 Q. Now, this surveillance camera that was set up, is
11 that the first time that you have ever in connection with
12 the DEA set up a pole camera?
13 A. No, sir.
14 Q. Okay. So you're aware of the methods for doing
15 that; is that correct?
16 A. Yes, sir.
17 Q. Okay. Did you have to -- did somebody have to
18 make a request of the DEA specifically to get that camera
19 up?
20 A. Yes.
21 Q. Okay. Was there paperwork filled out in regards to
22 that request?
23 A. I don't know about any paperwork regarding the
24 actual request to be set up. I do know that people had
25 communicated orally regarding that pole camera to be set up.
26 Q. Okay.
27 A. And there was paperwork regarding a part of the
28 pole camera that was filled out in a previous

1644
1 investigation.
2 Q. Okay. And where is that paperwork?
3 A. That paperwork would be with the DEA.
4 Q. Okay. And do you have copies of that?
5 A. I don't believe I have a copy of it, no.
6 Q. You can obtain a copy, though, can't you?
7 A. I could probably obtain a copy of the permission
8 slip in the which the pole camera was originally checked out
9 from DEA, San Francisco.
10 Q. Okay. Was that pole camera set up on Covena Avenue
11 prior to this date?
12 A. Which date?
13 Q. Whatever you think it is, late December or early
14 January?
15 A. No. Well, that pole camera was already here in the
16 City of Modesto. It was my understanding it was already
17 here. And then it was taken off from another site and put
18 onto the Covena address per a request from the Modesto
19 Police Department.
20 Q. Okay. Who requested that from Modesto PD?
21 A. I'm not sure who, specifically, requested it.
22 Q. Well, did you talk to, for instance, Craig Grogan
23 about it?
24 A. I don't believe I did, no.
25 Q. Did you talk to Brocchini about it?
26 A. I don't believe I did, no, sir.
27 Q. Did you talk to Rudy -- is it Skultety?
28 A. No, I don't believe I talked to him about it.

1645
1 Q. Okay. Can you name one person who's a core
2 investigator in this case who you talked to about putting up
3 a surveillance camera in this investigation?
4 A. I don't believe I talked to anybody over at Modesto
5 Police Department regarding the pole camera itself on
6 getting it set up. I overheard conversations taking place
7 regarding the pole camera being set up, but I don't remember
8 which detective it was that was asking for it.
9 Q. Okay. When the pole camera was set up, was there a
10 surveillance van that was also connected to that?
11 A. That's my understanding, but I don't have firsthand
12 knowledge on that.
13 Q. Okay. Where are the tapes kept for the
14 surveillance camera?
15 A. If the tapes are made in relation to what the pole
16 camera is observing, the tapes would be with the person
17 inside of the van who has the hotel kit.
18 Q. And do we know who that is?
19 A. I don't know who actually did physical surveillance
20 inside of the van that would have those tapes.
21 Q. Have you reviewed any reports in connection with
22 this surveillance, the most recently drawn up reports?
23 A. I have not, no.
24 Q. Are you aware tapes appeared on somebody's desk
25 when they were away on vacation?
26 A. Yes, I'm aware of that.
27 Q. Is that how you generally keep tapes in the DEA on
28 this task force, that they just miraculously appear on

1646
1 somebody's desk when they go on vacation?
2 MR. DISTASO: Objection. It's argumentative.
3 THE COURT: Sustained.
4 MR. GERAGOS: Q. Have you checked your desk recently?
5 You've been off, haven't you?
6 A. I have.
7 Q. Have there been any tapes put on your desk?
8 MR. DISTASO: Objection. It's argumentative and it's
9 not relevant.
10 THE COURT: Sustained.
11 MR. GERAGOS: Q. Do you know if that camera was set up
12 throughout the month of January?
13 A. Throughout the entire month of January? I'm not
14 aware if it was throughout the entire month.
15 Q. Do you know if it was set up through the evening
16 that the house on Covena was burglarized in January?
17 A. Which date was that?
18 Q. January the 19th?
19 A. I am not sure if it was set up at that point, up to
20 that point on the 19th.
21 Q. Do you know when it was taken down?
22 A. I don't know exactly what date it was taken down,
23 no.
24 Q. Okay. Is there anybody else in the DA's Office
25 who's a liaison with the DEA besides you?
26 A. Depending upon which investigation, there could be
27 other people that liaison with the DA's Office.
28 Q. In this investigation, you're it, though, aren't

1647
1 you?
2 A. There were other DA investigators that were
3 assisting in this investigation besides myself.
4 Q. As far as the DEA, whose camera it is, you're it in
5 this investigation; is that correct?
6 A. I know about the interworkings of the pole cameras.
7 I know how they're set up. I've used them before on
8 previous investigations. I had used pole cameras just
9 previous to this investigation, which was the reason why we
10 had the pole cameras here in the first place within the city
11 of Modesto. So I know a lot about kind of what goes on
12 with the interworkings between DEA and investigations here
13 locally, but there are other investigators that are aware of
14 this information as well.
15 Q. Well, simply, who is the person most knowledgeable
16 about this pole camera being set up, when it was set up,
17 when it was taken down, whether there was tapes, anything
18 else? Who is that?
19 A. His name would probably be Ken O'Gara [phonetic]
20 with San Francisco DEA. He is their tech.
21 Q. And the tapes would normally be kept by Modesto
22 PD?
23 A. The tapes would be kept by whoever is requesting
24 this pole camera and the hotel kit that goes along with it.
25 Q. Okay. That would be Modesto PD?
26 A. That would be the Modesto Police Department or
27 whoever the Modesto Police Department had or used to sit in
28 the van to monitor the activity of that pole camera.

1648
1 Q. Okay. To the best of your knowledge, was that pole
2 camera up as recently as within the last month?
3 MR. DISTASO: Objection, Your Honor. It's been asked
4 and answered.
5 MR. GERAGOS: I don't believe I've gotten an answer as
6 to when it was taken down.
7 THE COURT: Overruled.
8 MR. GERAGOS: Q. Was it removed within the last month?
9 A. I don't know when the pole camera was actually
10 removed itself. I don't know the exact date.
11 Q. Do you know if it's still in the city of Modesto?
12 A. If they removed it, San Francisco DEA probably took
13 it back to the Bay Area to be used on other investigations.
14 Q. Okay. Is the surveillance van a DEA van or is that
15 a Modesto vehicle?
16 A. I don't know which specific van they used. Of
17 course, they have vans and we have vans as well.
18 Q. With that particular pole camera, on your previous
19 investigation, what agency's van was used?
20 MR. DISTASO: Objection, Your Honor. Irrelevant.
21 THE COURT: Sustained.
22 MR. GERAGOS: Q. The -- have you seen any of those
23 videotapes --
24 A. I have.
25 Q. -- in the surveillance?
26 A. Yes.
27 Q. You've watched those?
28 A. Yes.

1649
1 Q. When did you do that?
2 A. When the surveillance tapes were made known to me.
3 Q. Within the last couple of weeks or the last two
4 weeks?
5 A. Not within the last two weeks. It's probably been
6 a month or two or so.
7 Q. Okay. When those surveillance tapes were made
8 known to you a month or so ago, about September 30th?
9 A. I don't know the exact date when they were made
10 known to me. I'm sure that they were forwarded to the
11 Modesto Police Department, and they would probably have
12 record of that.
13 Q. Okay. Did you promptly tell the DA's Office, hey,
14 there's some tapes that appeared?
15 A. I told a detective who provided those tapes to me
16 that they needed to get to the lead detective over at
17 Modesto Police Department as soon as possible.
18 Q. Who was the detective that provided them to you?
19 A. Detective Bill Pooley.
20 Q. Okay. Who did you tell him to take the tapes to?
21 A. Detective Grogan.
22 Q. Okay. And that was what day?
23 A. I don't know the date of that.
24 Q. At least a month ago?
25 A. At least a month ago, yes.
26 Q. Okay. Did you do anything to inquire further as to
27 whether or not there are records or documentation or logs in
28 support of the pole camera and the surveillance?

1650
1 A. No, sir.
2 Q. Did you do anything to determine whether or not the
3 pole camera was still up a month ago when you discovered the
4 tapes?
5 MR. DISTASO: Objection, Your Honor. It's been asked
6 and answered.
7 THE COURT: Sustained.
8 MR. GERAGOS: Q. Is it a fair statement that you've
9 done the cell phone site analysis for Mr. Peterson for a
10 span -- for a wide span of time?
11 A. That's correct.
12 Q. Okay. Beginning when?
13 A. The records that I obtained from AT&T Wireless,
14 they contain a lot of cell site information, so it would be
15 upon the first request that I received cell phone records
16 from AT&T Wireless, sometime in December. It would be
17 where the records go back showing the cell site locations
18 all the way up through -- into January and then in April as
19 well.
20 Q. Okay. You obtained records from January to April
21 or separately December, January and then --
22 A. I obtained records throughout a course of period of
23 time, but the cell site locations are only attributed or
24 attached to certain records that AT&T has provided me.
25 MR. GERAGOS: Okay. I have no further questions at
26 this time. Thank you.
27 THE COURT: Mr. Distaso?
28 MR. DISTASO: I don't have any follow-up, Your Honor.

1651
1 THE COURT: Pardon?
2 MR. DISTASO: I don't have any follow up.
3 THE COURT: You may step down. Do you want to take our
4 recess here? Who do you have next?
5 MR. DISTASO: Detective Buehler.
6 Oh, yeah, Your Honor, wait before we take the break,
7 can I offer these exhibits into evidence, just so we're
8 clear?
9 THE COURT: Any objection?
10 MR. GERAGOS: There is. I believe whatever that number
11 is up there is argumentative; and I believe once they give
12 me the smaller version of whatever the blowup is, I'll take
13 a look at it, I don't think I've got an objection. I think
14 that was 142 to 146.
15 THE COURT: Well, the only thing I see different that's
16 not really relevant and may be argumentative is the picture
17 of the defendant; but if it were a jury, I'd get it deleted,
18 but it's for the purposes of preliminary hearing. The Court
19 will allow it in over the objection.
20 MR. GERAGOS: Thank you, Your Honor.
21 THE COURT: So all items, 142 through 147, are
22 admitted.
23 (Whereupon Exhibits 142 through 147,
24 inclusive, were marked and received in
25 evidence.)
26 THE COURT: We'll take our recess till ten after.
27 MR. HARRIS: And is Investigator Jacobson excused
28 because he's got a broken leg? He needs to deal with that.

1652
1 THE COURT: You don't need him anymore; is that
2 correct?
3 MR. GERAGOS: No.
4 THE COURT: You're excused.
5 (Proceedings recessed at 10:01 a.m.)
6 --o0o--
7
8
9
10
11
12
13

1653
1 --oOo--
2 Tuesday, November 18, 2003 10:15 a.m.
3 THE COURT: Record reflect everyone is present.
4 I wanted to announce that the Court did make a formal
5 ruling regarding the mitochondrial DNA matter, and both
6 sides have received that; is that correct?
7 MR. DISTASO: Yes, Your Honor.
8 MR. GERAGOS: Yes, Your Honor.
9 THE COURT: That's ordered filed.
10 The next witness, Mr. Distaso?
11 MR. DISTASO: Mr. Harris will handle it.
12 MR. HARRIS: It will be Detective Buehler.
13
14 JON BUEHLER,
15 called as a witness on behalf of the People, being first
16 duly sworn, was examined and testified as follows:
17
18 THE CLERK: Please have a seat, put the microphone on.
19
20 DIRECT EXAMINATION
21 MR. HARRIS: Q. Sir, can you tell us what your full
22 name is and spell your last name for the record?
23 A. Jon Buehler, B-U-E-H-L-E-R.
24 Q. And what is your occupation?
25 A. Police detective.
26 Q. How long have you been a police detective?
27 A. 14 years.
28 Q. And who are you employed by?

1654
1 A. Modesto Police Department.
2 Q. As part of your assignment as a detective for the
3 Modesto Police Department, did you -- have you assisted in
4 the Laci Peterson investigation?
5 A. Yes.
6 Q. As part of that, did you receive a receipt from
7 Austin's from a Karen Servas?
8 A. Yes.
9 Q. And as part of that, did you conduct follow-up as
10 to the time on that particular receipt?
11 A. Yes.
12 Q. Can you tell the Court what you did?
13 A. Karen Servas gave me a receipt for a purchase she
14 had made at Austin's Christmas Store on December 24th. And
15 I took that receipt back to Austin's in September of this
16 year to confirm that the time on that receipt was accurate.
17 I spoke to Bill Austin, the owner of the business. He
18 looked at the receipt and confirmed for me that there's only
19 one computerized cash register in the store that they use
20 for Christmas transactions, and he was able to confirm that
21 that receipt came from that cash register. He was able to
22 tell me that they set up the time on that cash register by
23 calling time on the telephone to program it in, so that
24 that's how they assure accuracy with what they have.
25 Q. After you -- also, as part of your assignment in
26 this particular case, on December 30th, did you have
27 communications with Detective Brocchini about a witness that
28 had come forward in this particular case by the name of

1655
1 Amber Frey?
2 A. Yes.
3 Q. And did you drive to some location to meet with
4 Miss Frey?
5 A. Yes.
6 Q. Did you have a conversation with her?
7 A. Yes.
8 Q. And did Miss Frey indicate if she had some type of
9 relationship with the defendant?
10 A. Yes.
11 Q. And do you know the person that we're referring to
12 as the defendant, Scott Peterson?
13 A. I do.
14 Q. Do you see that person here in court today?
15 A. I do.
16 Q. Could you point to that person, describe something
17 he's wearing for the record?
18 A. Scott's got a white shirt, a red tie, and a dark
19 jacket on sitting next to Mr. Geragos.
20 MR. HARRIS: May the record reflect that, Your Honor?
21 THE COURT: So noted.
22 MR. HARRIS: Q. Did Miss Frey tell you that when she
23 first met or became acquainted with the defendant, Scott
24 Peterson?
25 A. She first learned of him through a friend of hers
26 in October and early November, they had a phone conversation
27 and a date that was set up for mid-November, I believe the
28 19th, and they progressed with a relationship from then on.

1656
1 Q. Did Miss Frey indicate to you if she had asked or
2 the defendant had told her when they first met whether he
3 was married or not?
4 A. Yes.
5 Q. And what did she tell you?
6 A. She stated that he told her that not only had he
7 not ever been married, he'd never been in a serious
8 relationship before.
9 Q. Now, at some point in time, just kind of move
10 forward, did she tell you about a conversation that occurred
11 with the defendant on or around December 9th?
12 A. Yes.
13 Q. And with regard to that particular conversation,
14 did she describe the defendant, his condition or behavior at
15 the time that they had this conversation?
16 A. She did.
17 Q. Can you tell the Court briefly about that?
18 A. Scott came to her residence north of Fresno and
19 showed visible emotion and explained to her that he had lied
20 to her about having been married. He'd been married in the
21 past, this was going to be the first holiday that he wasn't
22 going to be with his wife. He explained, the words, that he
23 had, quote, lost of her, end of quotes. He didn't go into
24 it, nor did she ask at that time, any details on what lost
25 meant. Her understanding is it could have been a car
26 wreck --
27 MR. GERAGOS: There will be an objection as to what the
28 understanding is. That's speculation.

1657
1 THE COURT: That would be sustainable if she were to
2 testify. So same thing with the detective. Sustained.
3 MR. HARRIS: Q. Detective, when you were talking about
4 the description of the defendant's demeanor, behavior, did
5 she give specific examples to you as to what he was
6 displaying at that time that he was explaining that he had
7 lost his wife?
8 A. Yes, she did.
9 Q. What did she say?
10 A. She stated he was crying, he was tearing up. She
11 could see tears coming out of his eyes going down his cheek.
12 She could hear his stomach making noises. She was sitting
13 very close to him at the time. They were holding hands.
14 This went on for a period of minutes. She listened to his
15 explanation, she comforted -- comforted him, and then he
16 resumed his normal demeanor shortly after that.
17 Q. Did she also tell you about a -- some type of party
18 or event that they attended on December 19th of 2002?
19 A. No, but she did tell me about one that they went to
20 on the 14th.
21 Q. All right. And what did she describe to you at
22 that particular event?
23 A. Well, it was a Christmas formal. They had rented a
24 tux for Scott the day before at, I think it was, Fashion
25 Faire Mall in Fresno. They attended this Christmas formal
26 where other people that she knew were present. Photographs
27 were taken of them there, not only at her house, but in his
28 vehicle and I believe one other place. And she ended up

1658
1 turning these photos over to us on December 30th.
2 MR. HARRIS: I'd like to have marked next in order.
3 THE COURT: 148?
4 THE CLERK: Yes.
5 MR. GERAGOS: 148?
6 THE CLERK: 148.
7 (Whereupon, People's Exhibit 148 was marked for
8 identification.)
9 MR. HARRIS: Q. Detective, I'm going to present to you
10 what's been marked as People's Number 148 for the record and
11 ask if you recognize that?
12 A. I do.
13 Q. And what is that?
14 A. People's 148 is a computer reprint of three photos
15 that I picked up at Rite Aid that had been brought there by
16 Amber for processing on December 30th. I'm not sure exactly
17 when she brought them there for processing, but I picked
18 them up on the 30th. And these were amongst several twin
19 pix that were included in that group of photos.
20 Q. And did Miss Frey look at these photographs and
21 identify any of the individuals in the photograph?
22 A. Yes.
23 Q. Looking at this photograph, or People's Exhibit
24 148, does it consist of three photos on this page?
25 A. Yes.
26 Q. So this is a reproduction of three of the
27 photographs that you received?
28 A. That's correct.

1659
1 Q. There's a male and a female in each of these three
2 photographs. Can you describe for the Court who those
3 individuals are?
4 A. Well, the female's Amber Frey. The male is Scott
5 Peterson.
6 Q. And do those photographs accurately depict the
7 originals that you obtained from Amber Frey of the pictures
8 that happened at this event?
9 A. Absolutely.
10 Q. Now, you indicated that you picked these up on the
11 30th. The date that you met with Miss Frey, was that on the
12 30th?
13 A. That's correct.
14 Q. Of December?
15 A. The first meeting, yes.
16 Q. And during this conversation, did she indicate to
17 you that she'd become aware that Scott Peterson, the
18 defendant, was actually married?
19 A. Yes.
20 Q. Did you ask her assistance with this investigation?
21 A. Yes.
22 Q. Moving forward a short period of time to January
23 6th of 2003, were you present when a phone call was made by
24 the defendant to Amber Frey?
25 A. That's correct.
26 Q. Was this particular phone call from the defendant
27 to Amber Frey recorded?
28 A. Yes.

1660
1 MR. HARRIS: I'd like to have marked next in order --
2 we can do it as 149 and 149A.
3 (Whereupon, counsel confer.)
4 THE CLERK: 149 and 149A.
5 (Whereupon, People's Exhibits 149 & 149A were marked
6 for identification.)
7 MR. HARRIS: Q. Detective, let's start with 149. Do
8 you recognize this?
9 A. Yes, I do.
10 Q. And can you tell the Court what that is?
11 A. This is a typed copy of the transcript from January
12 6, 2003, tape that was done in the late evening on that
13 Monday night.
14 Q. And showing you what's been marked on the back now
15 as 149A, do you recognize this?
16 A. Yes.
17 Q. And what is that?
18 A. That's a tape that goes along with this transcript.
19 Q. Now, have you -- were you present when this phone
20 call was made?
21 A. Yes.
22 Q. Or actually received by Miss Frey?
23 A. Yes.
24 Q. And was it recorded in your presence?
25 A. It was.
26 Q. So this was something that you were involved with,
27 and you listened to her side of the conversation as it
28 happened?

1661
1 A. I did.
2 Q. Have you listened to this particular tape and
3 compared it to the transcript?
4 A. I have.
5 Q. And is the transcript an accurate transcription of
6 the tape recording?
7 A. With very minor typographical errors, yes.
8 Q. And did you also ask Miss Frey to listen -- or did
9 she listen to this tape and compare it to the transcript at
10 some point in time?
11 A. She did.
12 Q. And did she tell you if that's an accurate
13 transcription of the phone call that she had with the
14 defendant?
15 A. The wording, yes. She -- the playback machine that
16 she listened to the tape on, she didn't think her voice
17 pitch was as accurate as it is in real life. But other than
18 that, it was accurate.
19 MR. HARRIS: Your Honor, at this time, we'd offer 149
20 and 149A.
21 MR. GERAGOS: I believe that we had an agreement that
22 the 149, there would be no objection, 149A would be
23 received, but conditionally sealed.
24 THE COURT: I don't need 149A. Just offer 149, if
25 everybody is satisfied that it accurately depicts it.
26 MR. GERAGOS: For purposes of the preliminary hearing,
27 yes.
28 THE COURT: So 149 is in evidence, not 149A.

1662
1 (Whereupon, People's Exhibit 149 was received into
2 evidence.)
3 MR. HARRIS: Does the Court wish us to play the tape?
4 THE COURT: No.
5 MR. HARRIS: All right. I'll return this to the Clerk.
6 Q. Detective, looking -- tell you what. If you will
7 provide that marked copy to the Court, and I will provide
8 you with another copy. If you can hand that up to the
9 Judge. A copy of 149.
10 Does the -- during this phone call, does the defendant
11 admit on this particular tape to Miss Frey that, yes, he
12 had -- does he recount that conversation that they had back
13 on December 9th?
14 A. Yes.
15 Q. Turning to page 16 of that particular transcript,
16 does Miss Frey question the defendant why he had not told
17 her about his wife being missing sooner?
18 MR. GERAGOS: On page 16?
19 MR. HARRIS: Probably starts on page 15.
20 MR. GERAGOS: 15?
21 THE WITNESS: I see the conversation part about going
22 to the police.
23 MR. HARRIS: Q. Let me ask it a different way. If you
24 could skip down to the bottom part of page 16, does the
25 defendant indicate that he was hoping that he could hold on
26 to Amber Frey?
27 A. Yes.
28 MR. GERAGOS: Objection. Leading.

1663
1 THE COURT: Sustained.
2 MR. HARRIS: Q. What statement was made by the
3 defendant with regards to maintaining a relationship with
4 Amber Frey?
5 A. His statement was that he was, quote, "longing to
6 hold on to you," end of quotes.
7 Q. At some point in time, did Miss Frey have to or did
8 she tell the defendant to stop calling her?
9 A. Yes.
10 Q. And did she tell you when that was?
11 A. February 19th.
12 Q. Again, moving forward some point in time to April,
13 2003, were you present when the defendant was arrested?
14 A. Yes.
15 Q. And did you participate in the search of the
16 vehicle that the defendant was driving at the time of his
17 arrest?
18 A. Yes.
19 Q. Can you describe for the Court what, if anything,
20 of interest you found in the defendant's vehicle?
21 A. Several cell phones, a driver's license belonging
22 to Scott's brother john, a wide array of clothing, a large
23 amount of camping gear, and a total of, on him and in the
24 vehicle, nearly $15,000 cash.
25 Q. Now, when you say "camping gear," could you be more
26 specific for the Court?
27 A. Well, he had a backpack that had a large length of
28 climbing rope that was attached to the side of it. There

1664
1 were shoes and other footwear that would be worn if one was
2 camping. There was a camp ax, there was a series of folding
3 knives, a folding saw, a hammock, a water purifier, a camp
4 stove, a filleting knife, a fishing rod and reel, other
5 things such as this.
6 MR. HARRIS: People have no other questions at this
7 time.
8 MR. GERAGOS: May I inquire?
9
10 CROSS-EXAMINATION
11 MR. GERAGOS: Q. Good morning.
12 A. Good morning.
13 Q. Detective --
14 A. Yes.
15 Q. -- Buehler, the page that Mr. Harris had referred
16 you to in the transcript, 149.
17 A. Yes.
18 Q. Miss Frey was asking, I think, starting on page 15,
19 she says, "Why should I not go to the police with this?" Do
20 you see that?
21 A. Yes, I do, bottom line on that page.
22 Q. Bottom line on that page. You heard that, right?
23 A. Yeah, I heard her say that.
24 Q. Heard her say that?
25 A. Yeah.
26 Q. When you listened to the tape, you heard him reply,
27 "It's your decision"; is that correct?
28 A. That's correct.

1665
1 Q. Okay. And she said, "Really?"
2 And he replied, "Of course."
3 And he did not in any way try to dissuade her from
4 going to the police, did he?
5 A. No, I saw nothing like that.
6 Q. Okay. You've listened to or reviewed other tapes
7 as well?
8 A. Yes.
9 Q. Nowhere does he dissuade or try to dissuade her
10 from going to the police; isn't that correct?
11 A. That's correct.
12 Q. Okay. The conversation in -- let's see. I think
13 Mr. Harris just asked you, February 19th, the stop
14 calling --
15 A. Yeah, February 19th was the conversation they had
16 where she told him that they weren't going to be talking
17 anymore.
18 Q. She said I think it would be best if they didn't
19 talk until there's resolution in this whole thing; isn't
20 that correct?
21 A. I'm not looking at that quote, but that sounds
22 accurate.
23 Q. But roughly what the conversation was.
24 And he said, "That's fine."
25 And, basically, we just had some cell phone records
26 that show there's no contact after February 19th; is that
27 correct?
28 A. Well, I don't know what the cell phone records

1666
1 show, because I didn't review those, but that statement
2 seems accurate. I could find it in the transcripts and
3 confirm it for you, but unless you're intentionally
4 misleading me, I'll go along with that.
5 Q. The -- there was also a -- Mr. Harris asked you
6 about I think the driver's license of his brother; is that
7 correct?
8 A. (Nods head.)
9 Q. He had his driver's license in the car on him;
10 isn't that correct?
11 A. Yes.
12 Q. Okay. The driver's license --
13 MR. HARRIS: Your Honor, just for a second, I was going
14 to object as vague. The witness answered. Are we talking
15 about the defendant had his license or are we talking about
16 the defendant's brother?
17 THE COURT: I assume everybody understood it was the
18 defendant's own personal license, but it's still vague. So
19 it's sustained.
20 MR. GERAGOS: Q. What license did he have on his
21 person?
22 A. Well, to clarify, Mr. Harris didn't ask me about
23 the licenses. I volunteered that he had his brother's
24 license on the center console of the car upon his arrest.
25 Scott had his own driver's license in his wallet, which I
26 believe was also on the center console upon his arrest.
27 Q. Okay. And the brother's driver's license that was
28 on the center console, where was he when you arrested him?

1667
1 A. Well --
2 Q. Was that in the parking lot of a Torrey Pines?
3 A. Well, actually, it wasn't in the parking lot, it
4 was like the drive -- the curve-around drive area that comes
5 off of the area that goes underneath the freeway, and it was
6 right as you round the corner facing north along that road
7 that goes to the parking lot. When he was arrested by the
8 DOJ agents, Agents Brocchini, Carter, Grogan and I were
9 probably a quarter to a half mile away catching up with
10 them.
11 Q. Okay. Did -- were you aware that members of his
12 family were at the golf course?
13 A. No.
14 Q. That he was -- you were not aware of that?
15 A. No, I was not.
16 Q. Okay. Did Detective Grogan, upon hearing from
17 someone that the brother's license was being used to get a
18 discount at Torrey Pines, go and investigate that, that
19 you're aware of?
20 A. Well, I -- I don't recall hearing anything about
21 his brother's license being used to get a discount until
22 weeks ago.
23 Q. Well, did you see a report that Grogan prepared?
24 A. Probably not.
25 Q. Okay. Did you -- are you aware that the local
26 residents get a considerable discount at the course, and
27 that that was -- that was checked out by Detective Grogan,
28 and it turned out to be true?

1668
1 A. Well, depends on what size -- what side of the
2 course you're playing on. At the north course, you get a
3 discount that's different from the south course.
4 Q. Okay. Now, the items that were recovered in the
5 car, there were cell phones; is that correct?
6 A. Now, just to make sure I know where you're going,
7 are you talking about the car that he was in when he was
8 arrested or Laci's car or the truck or what?
9 Q. I'm talking about -- were you referring, when
10 Mr. Harris was asking you questions, to the date, whatever
11 it was, in April when you recovered these items?
12 A. April 18th, red Mercedes is the car I was talking
13 about, yeah.
14 Q. Okay. So that we're clear, that's what I'm
15 referring to. And I assume that that's what you were
16 referring to when you were answering Mr. Harris' question?
17 A. That's correct.
18 Q. Okay. How many cell phones did you recover?
19 A. I believe there was four.
20 Q. Four cell phones?
21 A. Yes.
22 Q. Okay. And how many -- how many items of clothing
23 total were in the car?
24 A. Well, I could count them, but we're going to be
25 here for a while, but there was --
26 Q. Okay. Was the car filled with this stuff?
27 A. There was a lot of clothing in the car, yes.
28 Q. Okay. And when you arrived there, you had not

1669
1 effected the stop, you said DOJ did?
2 A. DOJ did the stop, yes.
3 (Whereupon, the defendant and his counsel confer.)
4 MR. GERAGOS: I have no further questions, Your Honor.
5 THE COURT: Let me ask, where did this stop take place?
6 THE WITNESS: Your Honor, it was on the entrance to the
7 golf course. There's an overpass that runs north and south
8 along the coast there. The golf course is between the ocean
9 and the freeway. And when you come off the freeway and you
10 just kind of continue turning basically 180 degrees to your
11 right, you end up facing on a road that leads up to the
12 parking lot of the golf course, and it was right on that
13 road.
14 THE COURT: That's the golf course you were talking
15 about?
16 THE WITNESS: Torrey Pines down in San Diego, yes.
17 THE COURT: It's in the vicinity of Torrey Pines, the
18 stop?
19 THE WITNESS: That's correct.
20 THE COURT: Mr. Harris?
21 MR. HARRIS: I have no additional questions.
22 THE COURT: Any further questions, Mr. Geragos?
23 MR. GERAGOS: No, I do not, Your Honor.
24 THE COURT: You may step down.
25 MR. HARRIS: I'd ask that the photographs be admitted.
26 THE COURT: Which one is that?
27 MR. HARRIS: Should be 147, I think it is -- or 148.
28 THE COURT: Is that a photograph of a receipt, I think?

1670
1 MR. HARRIS: Yes.
2 THE COURT: Okay. Any objection?
3 MR. GERAGOS: No.
4 (Whereupon, People's Exhibit 148 was received into
5 evidence.)
6 MR. HARRIS: And the Court's already received the
7 transcript.
8 THE COURT: 149 is already in evidence. How about 147?
9 Did we do that?
10 THE CLERK: Yes.
11 THE COURT: Map of Central Modesto.
12 THE CLERK: Yes.
13 THE COURT: Everything's covered.
14 Prosecution rests, then, Mr. Distaso?
15 MR. DISTASO: Yes, Your Honor.
16 MR. GERAGOS: Could we take a brief break?
17 THE COURT: You haven't made a decision whether to call
18 witnesses yet?
19 MR. GERAGOS: I wanted to caucus, if I could.
20 THE COURT: Let's take ten. And I wanted to look at
21 the evidence that we've marked recently. So, Jennifer, will
22 you bring that up?
23 We'll take a ten-minute recess.
24 (Recess: 10:40 - 10:55 a.m.)
25 THE COURT: Record reflect everyone is present.
26 People having rested, does the defense wish to offer
27 any evidence, Mr. Geragos?
28 MR. GERAGOS: No, Your Honor.

1671
1 THE COURT: Does either party wish to be heard or do
2 you wish to submit the matter?
3 MR. GERAGOS: Whatever the Court's desire from our
4 state -- I can tell what the Court is obviously --
5 MR. DISTASO: Yeah, I'm kind of similar to that, Your
6 Honor. I'm prepared to talk about any questions maybe the
7 Court has or anything they might want to do, but, I mean,
8 for us to each sit and argue, it would be fairly lengthy,
9 and the Court certainly has heard all of the evidence.
10 THE COURT: We all know what the standard is at the
11 preliminary hearing, so --
12 MR. GERAGOS: I like to jokingly say it's, "Is my
13 client breathing?"
14 THE COURT: It's a little more than that.
15 The Court has considered all of the evidence, and it
16 appearing to me that the offenses in the within complaint
17 have been committed, there is sufficient cause to believe
18 the within named Scott Lee Peterson is guilty thereof. I
19 order him to be held to answer to the same.
20 Specifically, I find that there is sufficient evidence
21 for the two counts of murder, that they were committed
22 intentionally, deliberately and with premeditation, further,
23 that as to Count One, the killing resulted in the
24 termination of Laci Peterson's pregnancy, and, also, that,
25 finally, there is sufficient evidence of this special
26 allegation pursuant to Penal Code Section 190.2(a)(3)
27 involving more than one murder.
28 Arraignment will be in 15 days from today. I think

1672
1 that's December 3rd. Is that date okay, or do you prefer a
2 Friday? December 3rd is a Wednesday.
3 MR. GERAGOS: Is -- could we do the pre -- is that a
4 holiday, the previous Friday?
5 THE COURT: Yes. I believe it's Friday --
6 MR. DISTASO: That's Thanksgiving.
7 MR. GERAGOS: Right. Could we do the day after -- the
8 first day back, the 1st?
9 MR. DISTASO: That's fine with me if that's fine with
10 the Court.
11 THE COURT: The only trouble is that the courthouse is
12 rather crowded on that Monday with the jury trials starting
13 that day. So we can leave it on the 3rd, or if you want to
14 waive time, we can go to that Friday, if you want --
15 MR. GERAGOS: No, the 3rd is okay. That's fine.
16 THE COURT: Arraignment will be on December 3rd at
17 8:30, this department.
18 I wanted to cover a couple of other items before we
19 terminate today.
20 There were some issues brought up originally. I assume
21 you'll just be bringing those up later, the wiretap issues,
22 the canine scent, and the GPS issues; is that correct?
23 MR. GERAGOS: That's correct, Your Honor.
24 THE COURT: And, also, as far as the videotape, I
25 assume if anything comes of that, there will be a formal
26 discovery motion; is that correct?
27 MR. GERAGOS: That's correct. I anticipate that we'll
28 have that filed prior to December 3rd.

1673
1 The wiretap motion I would like to have, if we could,
2 since it's already been briefed, I'd like to set a date now,
3 if we could, if that's acceptable to the Court.
4 MR. DISTASO: I would prefer, Your Honor --
5 THE COURT: I'm just wondering -- the reason I was
6 interrupting is if you're going to make a 995, I wonder if
7 that should just precede everything?
8 MR. GERAGOS: I will be making a 995. So, actually --
9 THE COURT: Also, if there is a 995, even though I've
10 been assigned for all purposes, that would be assigned to
11 another Judge by the Presiding Judge, so --
12 MR. GERAGOS: I thought you were the Presiding Judge.
13 THE COURT: No, I'm the Presiding Judge of the Criminal
14 Unit.
15 The Presiding Judge of the whole courthouse is
16 Judge Vander Wall.
17 MR. GERAGOS: Okay.
18 THE COURT: You made that same mistake in one of those
19 motions.
20 MR. GERAGOS: I did. I apologize. I was giving you a
21 promotion.
22 If the -- I think that makes more sense. I would plan
23 on, my guess is, within two weeks of the December 3rd date I
24 can have a 995 on file. So -- and then I assume they're
25 going to want some period of time to respond. So why don't
26 we just come up with -- I'll talk to Mr. Distaso, and we'll
27 come up with some mutually agreeable dates and then check
28 them with your Clerk.

1674
1 THE COURT: The other thing I wanted to bring up is,
2 obviously, the issue of a change of venue has been discussed
3 or talked about previously. If such a motion is going to be
4 made, that should be done fairly early also, just so to
5 avoid a lengthy trial setting.
6 MR. GERAGOS: I have a change of venue motion that's
7 already written. Does the Court want me to file that on the
8 date of the 3rd, and then we can also -- I'll see if
9 Mr. Distaso and I can work out some dates on that as well?
10 MR. DISTASO: Yeah, that's my preference. I mean, that
11 would help our schedule.
12 THE COURT: That will probably work. We can do that
13 pretty close in time to the 995, I'm sure.
14 MR. GERAGOS: Okay.
15 THE COURT: Also, regarding the change of venue motion,
16 though, I'd want both parties to explore the feasibility of
17 utilizing a San Joaquin jury if a change of venue motion
18 were granted. We've done that before, where we selected a
19 jury in San Joaquin County, went over there to do that, and
20 then come back here and try the case. So that's a
21 possibility. I don't know if those things are still
22 available through the Judicial Council or not, but both
23 parties should explore that.
24 MR. DISTASO: That's fine, Your Honor.
25 MR. GERAGOS: If the Court -- when the Court does that,
26 does the Court sequester the San Joaquin County jury?
27 THE COURT: No. What they have done is they pick them
28 up in San Joaquin County at 8:00 in the morning, they get

1675
1 here by 9:30, then they get back by 5:00 by bus. That's the
2 way they've done it. Last one was probably about five years
3 ago. That's one of the options to consider, if the motion
4 is granted.
5 The other thing I wanted to do on the 3rd, do you think
6 you could read all the transcripts and do the certification
7 of the record of the preliminary hearing? And, also, we
8 have one other date to do. I think it's -- anyway, one of
9 the last appearances we made before the preliminary hearing
10 was not certified.
11 MR. DISTASO: I don't think that would be a problem,
12 unless -- if Counsel has an issue with that, I don't mind
13 putting it off either.
14 THE COURT: You just have some reading to do over the
15 holidays.
16 I've read all the ones regarding the four days' worth
17 involving DNA, but there's still considerable amount of
18 reading left to do.
19 MR. GERAGOS: My guess is, because I'm going to want to
20 file a couple of things on the 3rd, that but my preference
21 would be to work on those items so that I can file them when
22 I come in on the 3rd, and then ask the Court to maybe defer
23 the certification until some other day.
24 THE COURT: Well, I'll be prepared for it on the 3rd,
25 and I'll have it on the agenda. Hopefully we can get some
26 of those out of the way. So --
27 MR. GERAGOS: Would the Court -- would the Court --
28 I've previously asked the DA, and I haven't gotten -- well,

1676
1 I think I've met with a negative. There's been mention of
2 $15,000 in cash today by Detective Buehler, as well as
3 they've got the Ford 150 pickup truck. And I've asked for
4 both of those things informally to be returned, and neither
5 one has, I guess, been acquiesced to.
6 I don't see any reason why -- we haven't made any 987
7 applications of any kind in this case so far. And,
8 obviously, it's a expensive task for the family to fund
9 this, and it's not going to get any less expensive. And I
10 don't see any reason in the world why they need to hold on
11 to the cash, number one, and, number two, the truck, which
12 the Petersons are making payments on while it sits there,
13 and I do not believe that there's any evidence whatsoever
14 connected to the truck at this point. They've had it for
15 going on, I don't know, since January or December.
16 So I'd ask that both of those things, both the items be
17 returned. I don't see any reason that I can think of for
18 them to keep the cash. I've already offered to stipulate
19 they can copy the cash, and I'll stipulate that at the time
20 of trial, if they want to introduce it, that those are --
21 that's as good as the real thing, so to speak. And I don't
22 see any need for the truck, and I'll stipulate to whatever
23 chain of custody issues for the truck. There are payments
24 that are being made on it, and so far I've advised them to
25 make the payments, but it's getting to the point where it
26 doesn't make any sense anymore to make the payment.
27 THE COURT: I'm not going to make the order without the
28 District Attorney agreeing to it, otherwise, you'll have to

1677
1 make a formal motion.
2 But is there any objection to --
3 MR. DISTASO: There is --
4 THE COURT: -- returning the cash at this time and also
5 the pickup truck?
6 MR. DISTASO: There is, Your Honor. I understand that,
7 in my opinion, both are evidence used in these crimes, and I
8 intend to introduce both at the trial. And so without a
9 formal motion, you know, that's really all I'm going to say
10 about it this morning.
11 THE COURT: Why don't you do a formal motion. But to
12 save you another trip up here, keep costs down, I think we
13 can hear that on the 3rd.
14 Do you have any problem with that, Mr. Distaso?
15 MR. DISTASO: I don't have any problem, but I'd
16 ask that his -- I'd like at least a week to respond myself.
17 So he's going to need to get it to me a week in advance of
18 that, whatever day that would be.
19 THE COURT: How about filing it by the 25th?
20 MR. DISTASO: That's fine.
21 THE COURT: Mr. --
22 MR. GERAGOS: I can do that.
23 THE COURT: -- Geragos? That way he's got a week to
24 answer.
25 MR. GERAGOS: Yes.
26 THE COURT: The other item I'm going to cover on the
27 arraignment on December 3rd is the particular items that
28 were sealed, that's 131 and 130, DD, EE, FF and GG. Those

1678
1 are all sealed conditionally.
2 And so the notice is being given, so if anyone wants to
3 try to unseal those, that can be heard on December 3rd at
4 8:30.
5 Also, I believe the tape is -- falls in the same cat --
6 well, it doesn't fall in the same category, as it's not in
7 evidence. I'm not reviewing it.
8 MR. DISTASO: And, Your Honor, I guess one way to maybe
9 handle some of these exhibits, I don't know if there's going
10 to be a motion to -- or stipulation to return the exhibits.
11 That's typically done, even in a death penalty case. And so
12 I'm not opposed to that, if each side wants to retain their
13 own exhibits.
14 MR. GERAGOS: That's fine with me. I'll stipulate to
15 the return of the exhibits.
16 THE COURT: I know there was some request by the media
17 to look at them. I was not going to let them photograph
18 them at all. But if they're returned, obviously, they won't
19 have that opportunity. But since it is a public hearing, I
20 think they're entitled to see them. So before I return them
21 to them, we probably ought to have a showing, allow them to
22 see it. Mr. Tozzi was going to arrange for a set time that
23 they can go in and look at them, not photograph them, but
24 get an opportunity to see them close up.
25 MR. DISTASO: And I just -- Mr. Harris just said
26 something, which does make sense. Since there will be a 995
27 filed in this case, another Judge is going to have to review
28 them, and I guess that would actually probably foreclose

1679
1 returning them at this point.
2 THE COURT: Yeah, probably would be simpler if -- even
3 though they're voluminous and large, probably would be
4 better for the Court to take care of them anyway.
5 So as far as the public being allowed to see them, the
6 media especially, they'll make arrangements with Mike Tozzi
7 sometime this week, and then after that, they'll be locked
8 up. We can't just bring them out. It will just be one
9 showing at one time.
10 MR. GERAGOS: My memory also is that when the Court
11 issued the protective order, that you had included in that
12 protective order some dates for revisiting it that I think
13 were in conjunction with the arraignment, was it not?
14 THE COURT: I'd have to pull it out. I can't remember
15 if I said at the conclusion of the preliminary hearing or at
16 least through --
17 MR. GERAGOS: I thought it was five days before the
18 arraignment post-prelim -- preliminary hearing, but I
19 haven't looked at it recently.
20 THE COURT: Why don't we continue the order until
21 December 3rd, and we'll visit it. That will be on the
22 agenda on December 3rd, discussing the continuance of the
23 protective order.
24 MR. DISTASO: That's fine, Your Honor.
25 THE COURT: So both parties are still -- all parties
26 are still bound by that order between now and December 3rd.
27 Any other loose ends?
28 MR. DISTASO: I don't have any.

1680
1 MR. GERAGOS: I have nothing further. Thank you, Your
2 Honor.
3 THE COURT: One thing that I wanted to tell the people,
4 I don't know if Lyn Yard, the Court Reporter, has discussed
5 it with you, but I've had available to me, and I think
6 she'll make it available to you, is the daily transcript is
7 on CD with a search engine which makes it very easy to track
8 down things. I'm able to review matters rather quickly by
9 just using that search engine. So if you want that
10 available to you, check with Lyn Yard.
11 MR. GERAGOS: Thank you, Your Honor.
12 MR. DISTASO: Thank you.
13 THE COURT: Okay. Defendant's remanded. No bail is
14 set. Be back in court December 3rd, 8:30.
15 MR. GERAGOS: Okay. Thank you, Your Honor.
16 MR. DISTASO: Thank you, Judge.
17 (Proceedings concluded: 11:10 a.m.)
18 ----oOo----
19
20


				*PH Transcript* *18TH- JACOBSON / WRAP*



	TRANSCRIPTS 1-MARGARITA /AMY \| 2-AMY/SHARON/LEE/EVERS \| 3-EVERS/CROSS \| 4-FBICAM/BROCHINI DIRECT/ \| 5-BROCHINI/CROSS/FBI-CAM/CROSS \| 6- BROCHINI CROSS \| 7- BROCHINI CONT'D \| 8- KRIGBAUM / OWEN \| 9- OWEN CROSS/OSWALT \| 10- OSWALT CROSS \| 17TH- DR. PETERSON/EXAMINER \| 17TH- AFTERNOON= HENDEE \| 18TH- JACOBSON / WRAP