1 ---o0o---

2 Friday, October 31, 2003 9:00 a.m.

3 THE COURT: Morning, ladies and gentlemen.

4 MR. DISTASO: Good morning, Your Honor.

5 THE COURT: Call the matter of People versus Scott Lee

6 Peterson, Case Number 1056770.

7 Ready for your next witness?

8 Record reflect everyone is present.

9 MR. DISTASO: I am ready, Your Honor, but we have a --

10 just a brief housekeeping matter regarding a DNA witness.

11 And I'm going to ask for if the defense has the CV of their

12 expert, which I guess he's going to testify on Monday. And

13 I have no problem with them calling their expert out of

14 order on that time to accommodate their schedule. I'm doing

15 that under the assumption that should I have similar

16 problems at any time in the future, that I'll get similar

17 courtesy.

18 So with that being stated on the record, and not

19 hearing any objection, I don't have a problem with it. But

20 Mr. Harris actually is going to address another potential

21 witness that we are going to call in that regard, and I'll

22 let him do that right now.

23 THE COURT: Let me ask Mr. Geragos first, as far as the

24 CV on your witness, do you have that available?

25 MR. GERAGOS: I thought I had already forwarded it over

26 to Mr. Distaso's e-mail when it was e-mailed to me. If it

27 hasn't been done, I'll do it as soon as we break from court.

28 MR. DISTASO: No.

369

1 MR. GERAGOS: As far as the courtesy, I'll try to be as

2 courteous as possible.

3 THE COURT: So far, everyone's been courteous, and I

4 appreciate that.

5 Mr. Harris?

6 MR. HARRIS: Yes, Your Honor.

7 Since we are getting this somewhat late notice of the

8 defense expert coming in for the Kelly/Frye hearing, we

9 probably will be calling Dr. Bruce Budowle as a rebuttal

10 witness, depending on what Dr. Shields testifies to. Since

11 we have no idea at this point in time what he might testify

12 to, we're just reserving that particular right because of

13 this late notice to us.

14 THE COURT: You have notice, then, Mr. Geragos.

15 MR. GERAGOS: Yes. I anxiously look forward to another

16 scintillating day of cross-examination of Dr. Budowle.

17 MR. DISTASO: And with that, Your Honor, we're ready to

18 proceed.

19 We'll call Margarita Nava.

20 THE COURT: Margarita Nava.

21 MR. DISTASO: And, Your Honor, for the record, while

22 she's being seated, Miss Nava does understand and speak

23 English, however, she speaks really more limited English,

24 she's much more comfortable in her native language, which is

25 Spanish, so I've arranged for an interpreter to be present,

26 and we'll be using the interpreter for the course of the

27 examination.

28 THE COURT: Record reflect that the certified court

370

1 interpreter, Melvyn Quinones is present. Swear her in with

2 the Interpreter.

3 THE CLERK: The Interpreter or --

4 THE COURT: No, with the Interpreter.

5

6 MARGARITA NAVA,

7 called as a witness on behalf of the People, being first

8 duly sworn, was examined and testified through the Spanish

9 Interpreter as follows:

10

11 THE CLERK: Please have a seat.

12 MR. DISTASO: And, ma'am, if you could put the

13 microphone around your -- no, the hook microphone around

14 your neck. It goes around the left-hand side.

15 And if you could help her with that, I'd appreciate it.

16 THE INTERPRETER: You want her to wear it?

17 MR. DISTASO: Uh-huh.

18 THE COURT: Actually, she doesn't need to wear it,

19 since we have to hear from Mr. Quinones.

20 MR. DISTASO: Oh, okay.

21 THE COURT: So you can wear that, Mr. Quinones.

22

23 DIRECT EXAMINATION

24 MR. DISTASO: Q. Ma'am, would you state your full name

25 and spell your name for us, please?

26 And could you spell that?

27 A. Margarita, that's capital M-A-R-G-A-R-I-T-A, Nava,

28 capital N-A-V-A.

371

1 Q. And, ma'am, were you the housekeeper of Laci and

2 Scott Peterson, and their house was located at 523 Covena

3 Avenue in the city of Modesto?

4 A. Yes.

5 Q. And how many times did you clean their house?

6 A. What do you mean how many times?

7 Q. How many times did you go to their house and work

8 for them as their housecleaner?

9 A. It was the fourth time.

10 Q. Okay. And when you say "it was the fourth time,"

11 was it the fourth time on December 23rd, 2002?

12 A. Yes.

13 Q. Did -- can you tell the Court what you did on the

14 23rd of December in cleaning their house? Can you just take

15 the Court through what you did, what rooms you cleaned and

16 what you did?

17 A. On getting there, I gather up my cleaning supplies,

18 and I begin by dusting. First I cleaned the bathroom, then

19 the bedrooms, and the living room, and the entry, because

20 they had -- where the dining room is.

21 Q. Okay. Let me stop you.

22 Did you -- when you cleaned the living room, did you

23 vacuum the carpets?

24 A. Yes.

25 Q. Did you vacuum all of the rooms in the house or

26 just the living room?

27 A. The whole house.

28 Q. And in the living room, is the floor carpeted?

372

1 A. Yes.

2 Q. And are other rooms -- are the bedrooms carpeted or

3 a different type of flooring?

4 A. The house has wood, entirely of wood, and the

5 dining room has a carpet, and so does the living room.

6 Q. And what about the -- what is the flooring in the

7 kitchen?

8 A. It has tiles.

9 Q. And what about in the entryway?

10 A. The main one has wood.

11 Q. What about the one in the back of the house?

12 A. You mean the pool?

13 Q. No, the -- is there -- is there -- hold on.

14 Is there a entryway leading from the pool into the

15 house -- or the pool area into the house?

16 A. That one was made of wood.

17 Q. After you vacuumed the whole house, what did you do

18 next to clean the house?

19 A. Well, I mopped the floors.

20 Q. Okay. And what parts of the house did you mop?

21 A. The entire house. Inside.

22 Q. When you were at the house on the 23rd, did you see

23 the dog?

24 A. Yes.

25 Q. Did you hear the dog barking?

26 A. Yes. He would always bark when I got there.

27 Q. Did -- while you were at the house on the 23rd, did

28 the dog ever come into the house?

373

1 A. At no time.

2 Q. Did you ever see the cat when you were at the

3 house, or a cat?

4 THE INTERPRETER: Excuse me?

5 MR. DISTASO: Q. Did you ever see a cat when you were

6 at the house?

7 A. Huh-uh. No.

8 Q. Did you see on the 23rd of December, did you see

9 Laci Peterson at the house?

10 A. Yes.

11 MR. GERAGOS: Next in order.

12 THE CLERK: Exhibit 44.

13 THE COURT: 44?

14 THE CLERK: 44.

15 (Whereupon, People's Exhibit 44 was marked for

16 identification.)

17 MR. DISTASO: Q. Miss Nava, is this a picture of Laci

18 Peterson?

19 A. Yes.

20 Q. Okay. And is this a fair representation of how she

21 looked when you saw her on the 23rd?

22 A. Yes.

23 Q. Was Laci Peterson at the house the entire time you

24 were there cleaning?

25 A. She was there part of the time, but she went out a

26 couple of times.

27 Q. Okay. Do you know where she went?

28 A. She came back with bags from the grocery store, or

374

1 from the store where she had gone to run errands would be

2 more accurate.

3 Q. What time did you arrive at the house?

4 A. At 8:30.

5 Q. And what time did you leave the house?

6 A. At 2:00 exactly.

7 Q. When you left the house at 2 o'clock, was Laci

8 Peterson at the house?

9 A. (In English) Yes. Sorry.

10 (Through the Interpreter) Yes.

11 Q. And just for the record, this is still -- we're

12 still talking about December 23rd, correct?

13 A. Yes.

14 Q. At any time when you were at the house on the 23rd,

15 did Laci Peterson take the dog for a walk?

16 A. No.

17 Q. During the other times when you were at the

18 house -- this was the fourth time, correct?

19 A. Yes.

20 Q. During the other three times that you were there,

21 did you see Laci Peterson at the house on those times?

22 A. Yes.

23 Q. How often did you clean Laci Peterson's house? How

24 often? What was the interval?

25 A. Once every 15 days.

26 Q. During those -- the other times, not on the 23rd,

27 but on the other times that you were at the house, did

28 you -- did the dog ever come into the house?

375

1 A. No.

2 Q. During those other times that you came to the

3 house, did you hear the dog barking?

4 A. Yes.

5 Q. Now, let's go back to the 23rd. On the 23rd, did

6 you have a chance to see how Laci Peterson was acting or how

7 she was feeling? Did you get a chance to see her and

8 observe her?

9 A. Yes.

10 Q. And can you describe what her -- can you describe

11 what her demeanor was? How was she acting on that day?

12 A. Like all the days or other days that I had gone,

13 she was content. She looked happy.

14 Q. Did she seem -- did she seem tired at all?

15 A. Yes.

16 Q. And can you -- why -- why did you think she was

17 tired?

18 A. She would walk very slowly, and a lot of times she

19 would be on the couch with her feet up reading.

20 Q. And did she do that -- was she walking slowly and

21 tired and have her feet up on the couch reading, did she do

22 that all the times you were there at the house?

23 A. Yes.

24 Q. Could you tell when you saw her that she was

25 pregnant?

26 A. Yes.

27 Q. Going back now to when you were cleaning the house

28 on the 23rd, what types of chemicals did you use to mop the

376

1 floor?

2 A. Just water and a little bit of Pine Sol.

3 Q. What time -- do you know the exact date the very

4 first time that you cleaned the -- Laci Peterson's house?

5 THE INTERPRETER: The date your --

6 MR. DISTASO: Q. The date, the very first time.

7 A. No.

8 Q. But you do know that this is the fourth time?

9 A. Yes.

10 Q. And you had cleaned the house on intervals of every

11 15 days?

12 A. Yes.

13 Q. Just one more question.

14 When you cleaned the house, did you also clean the

15 windowsills on the outside?

16 A. Just one door at the entrance, a small door.

17 Q. Did you -- the towels that you used to clean the

18 door, did you put those -- where did you put those?

19 A. Okay. I look -- I put -- I put them in the mopping

20 bucket on top of the washing machine.

21 Q. Did you put those towels actually inside the

22 washing machine?

23 A. Never.

24 Q. And was that your standard practice when you would

25 clean the door -- the doorways with the towels?

26 A. Yes.

27 MR. DISTASO: No further questions.

28 THE COURT: Mr. Geragos?

377

1 MR. GERAGOS: Thank you.

2

3 CROSS-EXAMINATION

4 MR. GERAGOS: Q. Good morning.

5 A. Good morning.

6 Q. Did you have a set day of the week that you

7 cleaned?

8 A. Yes.

9 Q. What day was that?

10 A. I don't remember.

11 Q. Okay. And would you come on that day, then miss a

12 week, then come the following week?

13 A. Yes.

14 Q. And was that Monday?

15 A. Yes.

16 Q. Okay. So you would start -- if we went backwards

17 for the period of time and skipped every other week, we

18 could figure out, if we went back four times, the first day

19 you worked there, right?

20 A. Yes.

21 Q. Now, when you would get to the house on those four

22 times, was the house a mess?

23 A. No.

24 Q. Did it look like somebody had been cleaning in

25 between the times you got there?

26 A. No.

27 Q. Did you have a -- was the floor dirty when you

28 would get there?

378

1 A. Yes.

2 Q. Did it look like dogs or cats had run through the

3 house?

4 A. There was hair.

5 Q. Okay. Was there inside of the house, anywhere in

6 the house, a dog bed or a cat bed?

7 A. Yes, in Laci's bedroom.

8 Q. Okay. And was there also a small water bowl in the

9 bathroom?

10 A. Yes.

11 Q. Look like something you would put out for a cat?

12 A. Yes. When I would go, I would fill it with water.

13 Q. For the cat?

14 A. I don't know for -- I don't know whether it was for

15 the cat or not, but I would see it there, and I would -- and

16 I would fill it with water, because I also do that in other

17 homes.

18 Q. Okay. Is it uncommon or is it unusual for people

19 to put their dogs outside when you come to clean?

20 A. Yes, they do put them outside.

21 Q. And that's so the dogs won't get in your way while

22 you're mopping or cleaning up the house; isn't that correct?

23 A. Yes.

24 Q. Now, on the 23rd, on that Monday, what time did you

25 arrive?

26 A. 8:30.

27 Q. Did you drive there or did somebody drive -- drop

28 you off?

379

1 A. I arrived in my own car.

2 Q. Okay. Do you remember where you parked?

3 A. On that particular day, the 23rd?

4 Q. Yes.

5 A. On the driveway, by the fence, the other neighbor,

6 the next-door neighbor's or --

7 Q. As you pull into the driveway, there's a -- there's

8 a fence that blocks the end of the driveway; isn't that

9 correct?

10 A. Yes.

11 Q. And you pull up the car to that -- roughly to where

12 that fence is; is that right?

13 A. I left it -- I left it by the edge, on the

14 driveway, but not all the way in, not inside, because Laci's

15 car is always there.

16 Q. Okay. And when you did that, how long after you

17 got out of the car did you hear the dog bark?

18 A. How much -- how long, how much time?

19 Q. Well, let me ask it a different way.

20 Did you -- did the dog bark once you got out of the car

21 or did the dog bark once you went into the yard?

22 A. When I got out of the car.

23 Q. Okay. And then did you walk through the gate to

24 get into the yard to go to the front door?

25 A. I never went in through that backside. I went in

26 through the front door, the main entrance, always, I always

27 did.

28 Q. And when you did that, did you see the dog?

380

1 A. You can't see it from the outside, but when I went

2 inside, and I put down my bag, you can see the dog, you can

3 see the dog, and it's barking.

4 Q. Okay. When you went into the house, the dog was

5 barking; is that right?

6 A. A little.

7 Q. Okay. After that, it stopped?

8 A. Laci would always say to it, "Stop, McKenzie,

9 stop."

10 Q. Okay. Then at that point, on the 23rd, I'm talking

11 just about the 23rd, Laci was there when you arrived; is

12 that right?

13 A. Yes.

14 Q. And what was Laci wearing?

15 A. I don't recall.

16 Q. Okay. Anything that could refresh your memory as

17 to what she was wearing?

18 A. The only thing that I have in my mind was what she

19 almost always used to wear, a black pair of pants and a

20 white blouse.

21 Q. Right. You had a -- my investigator -- or

22 actually, I take that back. One of the police

23 investigators, Detective Brocchini, interviewed you, didn't

24 he? Is that right?

25 A. Yes.

26 Q. And you told him that she was wearing a -- that you

27 remembered a white long-sleeved shirt; is that correct?

28 A. Yes.

381

1 Q. And she most probably also was wearing black

2 stretch-type maternity pants?

3 A. Yes.

4 Q. Did you do the laundry also at the house?

5 A. No, never, never did.

6 Q. Did you ever see Laci on the -- during the four

7 times that you were there wearing zippered pants?

8 A. No, because her blouse would cover all of her

9 belly.

10 Q. Okay. And she was pretty big at that point, wasn't

11 she?

12 A. Yes.

13 Q. Okay. And so that you -- the only thing that you

14 could see her wear would be stretch pants that she could put

15 on around her belly; is that correct?

16 MR. DISTASO: Actually, Your Honor --

17 THE COURT: Wait before you answer.

18 MR. DISTASO: I'm going to object. It actually

19 misstates the testimony. She says -- she basically says she

20 wasn't able to see what type of pants that were being held

21 up.

22 MR. GERAGOS: I'm on cross-examination. I don't

23 misstate testimony when you're on cross-examination.

24 MR. DISTASO: Well, actually, you can.

25 THE COURT: Rephrase the question.

26 MR. GERAGOS: Q. You describe these pants that you saw

27 as black stretch pants; isn't that correct?

28 A. Well, I recall that I said that they were black,

382

1 but I don't recall whether they were stretch or not, because

2 I didn't get to see them.

3 Q. Okay. Now, the black pants that she wore, did they

4 have -- do you know what a stirrup style is?

5 A. What's a stirrup?

6 Q. With the -- on the bottom of the pants that the --

7 they go around --

8 A. I don't recall having seen that.

9 Q. Okay. Do you remember if the pants cut off below

10 the knee?

11 A. No. It was a normal kind.

12 Q. Normal length meaning down by the ankle?

13 A. Yes.

14 Q. Okay. And you said that she left at one point

15 after you got there, she left the house?

16 A. Yes.

17 Q. Approximately what time did she leave the house?

18 A. I do not recall.

19 Q. Okay. How long was she gone?

20 A. 45 minutes, maybe, an hour.

21 Q. Okay. When she came back, she was carrying bags of

22 groceries?

23 A. Yes.

24 Q. And probably four or five bags of groceries?

25 A. Yes.

26 Q. Okay. And she would go out to the car, carry the

27 bags of groceries, bring them inside and put them in the

28 kitchen; is that correct?

383

1 A. She arrived with two at first, and I helped her to

2 take them into the kitchen.

3 Q. Then after the two that she arrived with first,

4 then what did she do?

5 A. She went back for the other two.

6 Q. Okay.

7 A. Or five, maybe. I don't know.

8 Q. You didn't go out to the car to get the bags of

9 groceries, did you?

10 A. No.

11 Q. Okay. So she was apparently in good enough shape

12 that she could go shopping, load up the car, bring the

13 groceries back, and unload them into the kitchen, right?

14 A. Well, yes.

15 Q. Okay. Now, after she unloaded the five bags of

16 groceries and come back from the -- presumably from the

17 market, did she then at a certain point leave the house

18 again?

19 A. I don't really recall.

20 Q. Okay. You do recall telling the detective,

21 however, that whatever clothes she was wearing that day she

22 wore up until 2 o'clock when you left?

23 A. Yes.

24 Q. Okay. You also remember that after she came back

25 from the grocery store, she made herself something to eat;

26 is that correct?

27 A. Yes.

28 Q. Okay. And you also remember when you were cleaning

384

1 that day that there was jewelry out on top of the counter in

2 the bedroom?

3 A. Yes.

4 Q. The -- as far as you know, from 8:30 to whenever

5 she left to go to the market, did you ever see Laci watching

6 TV?

7 A. After she got back from the store?

8 Q. Before she went to the store, she didn't watch TV,

9 correct?

10 A. No, she didn't.

11 Q. After she went to the store, came back, she made

12 herself something to eat; is that right?

13 THE INTERPRETER: I'm sorry. Repeat your question.

14 MR. GERAGOS: Q. After she went to the store and came

15 back, then she made herself something to eat?

16 A. Yes.

17 Q. And when she made herself something to eat, did she

18 then go in and watch TV?

19 A. Yes. The kitchen is next to the living room, and

20 so, you know, she would take her plate with the food, and

21 then she would go into the living room to watch TV while

22 eating.

23 Q. Okay. At some point, Scott came home; isn't that

24 correct?

25 A. Yes.

26 Q. Okay. Do you remember Laci leaving the house at

27 about 1 o'clock?

28 A. I do not recall.

385

1 Q. Okay. And do you remember what jewelry, if any,

2 she was wearing on that day on the 23rd?

3 A. No.

4 Q. Okay. Did you -- when you were cleaning, did you

5 clean the blinds? Are there blinds in the house?

6 A. The house does not have any blinds. I don't know

7 if you -- if there are -- if you use the same name or -- but

8 they're made of cloth.

9 Q. Okay. And were the -- did you clean those or did

10 you open them or do anything with them?

11 A. I just -- I dust them, I roll them up or pull them

12 up, and I clean the windows.

13 Q. So when you got there at 8:30, sometime after 8:30

14 you had to pull them up in order to clean the windowsill; is

15 that correct?

16 A. Yes.

17 Q. Okay. And when you arrived at the house, Laci was

18 up and awake; is that correct?

19 A. Okay. Whenever I would -- all the times that I got

20 there, she was -- she had showered, she had changed, and she

21 had -- was well-dressed.

22 Q. All by the time of 8:30 when you had arrived?

23 A. Yes.

24 Q. Can I have just one moment, Your Honor?

25 When you would mop the house, where would you put the

26 mop after you were done?

27 A. Outside so that it would dry.

28 Q. And did Laci ask you to do that?

386

1 A. I do not recall.

2 Q. Do you remember talking to an investigator named

3 Mr. Ermoian?

4 A. I do not recall.

5 Q. Okay. Laci was very happy about the baby, wasn't

6 she?

7 A. Very happy.

8 Q. And she told you that Scott was also happy about

9 the baby, didn't she?

10 MR. DISTASO: Your Honor -- objection, Your Honor.

11 Calls for hearsay.

12 THE COURT: Sustained.

13 MR. GERAGOS: Q. Well, the -- did you use rags in

14 order to clean up the house or dust or do things like that

15 when -- for instance, when you were cleaning the windowsill,

16 would you use rags?

17 A. Yes.

18 Q. Okay. And after you were done with those rags,

19 what would you do with them?

20 A. I would put them in the bucket and take them to the

21 washer.

22 Q. Okay. And then -- so the rags in the bucket would

23 go to the washing machine each time, right?

24 A. I imagine so, because each time I got there, they

25 were clean.

26 Q. So somebody would have washed the rags and then put

27 them away; is that right?

28 A. She told me that I could leave them there and that

387

1 she would wash them.

2 Q. Okay. And then you would put the mop outside so it

3 would dry outside; is that correct?

4 A. Yes.

5 MR. GERAGOS: No further questions.

6 THE COURT: Any redirect?

7 MR. DISTASO: Yes, Your Honor.

8

9 REDIRECT EXAMINATION

10 MR. DISTASO: Q. Miss Nava, did you ever use bleach in

11 your cleaning of the house?

12 A. Just to clean the bathroom, but -- yes.

13 Q. And on the 23rd, when you got to the -- when you

14 got to the house, was the defendant present?

15 A. I do not recall.

16 Q. Okay. And just for the record, do you recognize

17 the defendant as he sits here at the end of the defense

18 table?

19 A. Yes.

20 Q. Okay. And that's Scott Peterson, whose house you

21 used to clean, correct?

22 A. Yes.

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

24 identifying the defendant.

25 THE COURT: So noted.

26 MR. DISTASO: Q. Now, Miss Nava, talking about the

27 blinds in the house, there were numerous blinds throughout

28 the whole house, correct?

388

1 MR. GERAGOS: Objection. Misstates the evidence.

2 Assumes facts not in evidence. Leading.

3 THE COURT: Sustained, all of them.

4 MR. DISTASO: Q. Okay. Did the house have a lot of

5 windows?

6 A. Yes.

7 Q. And did the windows that were -- did the windows

8 have coverings on them?

9 A. Some were or some had.

10 Q. On the windows to the front of the house, did they

11 have covers on them?

12 A. No.

13 Q. The windows to the side of the house, did they have

14 covers?

15 A. Exactly where?

16 Q. Okay. When you were talking about cleaning the

17 blinds, what rooms -- what room were you talking about?

18 A. I would just dust them off, the bedrooms or those

19 of the bedrooms and the living room.

20 Q. And were those the only rooms that you were

21 involved in cleaning the coverings or the blinds?

22 A. Yes.

23 Q. When you arrived at the house on the 23rd, do you

24 remember if the window coverings in the bedrooms were open

25 or shut?

26 A. Shut.

27 Q. And what about the window coverings in the living

28 room?

389

1 A. They too were shut.

2 MR. DISTASO: No further questions, Your Honor.

3 THE COURT: Any recross?

4 MR. GERAGOS: Can I have just one moment?

5 No further questions.

6 MR. DISTASO: Actually, Your Honor, one more question.

7 THE COURT: All right.

8 MR. DISTASO: A couple more, actually. I'm sorry.

9 Q. Miss Nava, when you said the blinds were shut, were

10 they completely closed or partially closed, or can you

11 describe that for us? And I'm asking you about the bedroom

12 first.

13 A. Completely shut. Though, sometimes there was one

14 in the living room open.

15 Q. Now, the living -- when you say "the living room,"

16 on the 23rd, in the living room, were the blinds completely

17 shut or partially shut?

18 A. They were shut.

19 Q. Okay. When you say "the living room," what room in

20 the house are you describing?

21 MR. GERAGOS: Objection. Vague.

22 THE COURT: Overruled.

23 THE WITNESS: Can you repeat the question, please?

24 MR. DISTASO: Q. When you're talking about the living

25 room, do you -- what furniture was in the living room?

26 Describe that for me.

27 A. There was the couches -- there were the couches and

28 there was the television, there was the fireplace, and the

390

1 washers.

2 Q. Okay. Thank you.

3 And when -- did anyone open the blinds in the living

4 room before you left the house?

5 A. Can you repeat that for me?

6 Q. Did anyone, did you or anyone else open the blinds

7 in the living room before you left the house?

8 A. I don't recall.

9 MR. DISTASO: Nothing further.

10 THE COURT: You stated the washers were in the living

11 room; is that correct?

12 THE WITNESS: Yes. They were covered over by large

13 doors.

14 THE COURT: Any recross?

15 MR. GERAGOS: No.

16 THE COURT: You may step down.

17 MR. DISTASO: And, Your Honor, may Miss Nava be

18 excused?

19 THE COURT: Any objection?

20 MR. GERAGOS: No objection.

21 THE COURT: You're free to go. Thank you.

22 Do you have your next witness ready?

23 MR. DISTASO: Amy Rocha.

24 THE CLERK: Please raise your right hand.

25

26 AMY SHAREE ROCHA,

27 called as a witness on behalf of the People, being first

28 duly sworn, was examined and testified as follows:

391

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

2 around your neck.

3

4 DIRECT EXAMINATION

5 MR. DISTASO: Q. Miss Rocha, would you state your full

6 name and spell your last name for the record?

7 A. Yes. Amy Sharee Rocha, R-O-C-H-A.

8 Q. And are you related to Laci Peterson?

9 A. Yes.

10 Q. And --

11 A. I'm her sister.

12 Q. And how were you related to her?

13 A. Sister.

14 Q. And could you describe for the Court just in a

15 little more detail -- you and Laci share one parent, but not

16 the other; is that correct?

17 A. Yeah, we have the same dad, but different moms.

18 Q. Okay. So you're not related to Sharon Rocha?

19 A. No.

20 Q. All right. And you're related, then, to Dennis

21 Rocha; is that right?

22 A. Yes.

23 Q. And Dennis is also Laci's father?

24 A. Yes.

25 Q. Do you know the defendant in this case?

26 A. Yes.

27 Q. And how is it that you know the defendant?

28 A. My sister's husband.

392

1 Q. Have you known the defendant since the time that he

2 and Laci have been married?

3 A. Yes.

4 Q. How long have you known him?

5 A. Since they were dating.

6 Q. Do you remember when that -- when -- can you just

7 give me some kind of idea when the year was when you first

8 met or came into contact with the defendant?

9 A. I was pretty young. I was in middle school. So

10 probably around seventh, eighth grade.

11 Q. Okay. And how old are you now?

12 A. 22.

13 Q. All right. So you've known him for some time,

14 then?

15 A. Yeah.

16 Q. What is -- well, let's start here. On the 23rd of

17 December, 2002, you -- were you aware that Laci was

18 pregnant?

19 A. Yes.

20 Q. And can you just briefly for the Court characterize

21 your relationship with her? I mean, how did you and Laci

22 get along?

23 A. Oh, we got along good.

24 Q. Did -- how often would you say that you spoke --

25 you and Laci spoke together?

26 A. Pretty often. Not every day, but maybe once a

27 week.

28 Q. And do you also live some -- don't tell me your

393

1 address, but do you also live somewhere here in the city of

2 Modesto?

3 A. Yes.

4 Q. And were you familiar with Laci's house at 523

5 Covena Avenue?

6 A. Yes.

7 Q. And that's also in the city of Modesto, correct?

8 A. Yes.

9 Q. What is your profession?

10 A. I'm a hairstylist.

11 Q. All right. And do you work for a salon here in

12 town?

13 A. Uh-huh. Yes.

14 Q. And, again, just for the record, that's in Modesto,

15 correct?

16 A. Yes.

17 Q. Now, when you and Laci would talk, was this normal

18 sister kind of talk?

19 A. Yeah.

20 Q. And so you would kind of tell her what's going on

21 in your life; is that right?

22 A. Yeah.

23 Q. And she would basically tell you what's going on in

24 her life; is that correct?

25 A. Yes.

26 Q. So did she at some point tell you when she found

27 out that she was pregnant?

28 MR. GERAGOS: Objection. Calls for hearsay.

394

1 THE COURT: Sustained.

2 MR. DISTASO: Did -- well, actually, Your Honor, I'm

3 not offering this for the truth of the matter, I'm actually

4 offering it to show the relationship of these two parties,

5 that the habit of this particular witness, Laci -- I mean,

6 the decedent, Laci Peterson, would be that she would talk to

7 this witness and tell her, you know, certain facts about her

8 life.

9 MR. GERAGOS: For the --

10 THE COURT: It's still hearsay.

11 MR. GERAGOS: Right.

12 MR. DISTASO: Q. The -- and what was your relationship

13 with the defendant?

14 A. It was good.

15 Q. And did -- how often do you think you would speak

16 to the defendant?

17 A. When I'd see my sister or if they were together.

18 Q. Okay. Did you ever see the defendant without your

19 sister?

20 A. Yeah, when I'd cut his hair.

21 Q. Okay. So you cut his hair on a regular basis?

22 A. Yeah.

23 Q. And how -- let me ask you this: When they first

24 had -- when Laci and the defendant were first married, were

25 they living here in Modesto?

26 A. No.

27 Q. Did -- where were they living? Do you know?

28 A. In San Luis Obispo.

395

1 Q. Okay. And at some point did they move back here to

2 the city of Modesto?

3 A. Yes.

4 Q. And do you know when that was?

5 A. It was in 2000, I think.

6 Q. Okay.

7 A. I was in school still, so, yeah.

8 Q. So somewhere around 2000?

9 A. Uh-huh.

10 Q. Are you exactly sure of the date?

11 A. Maybe not exactly, but I was --

12 Q. All right. But is that a good -- a good guess, I

13 guess, at this point?

14 A. Yeah.

15 Q. After they moved back to Modesto, did the defendant

16 move back to Modesto also?

17 A. Yes.

18 MR. GERAGOS: Mr. Distaso?

19 MR. DISTASO: I'm going to show them to you.

20 Q. Did -- and from the time they moved back to Modesto

21 up until December 23rd, did you cut the defendant's hair?

22 A. Most of the time, yes.

23 Q. Okay. How frequently would you do that?

24 A. On a monthly basis. Maybe once a month or --

25 Q. All right. So were you familiar with his normal

26 hair color or I guess his natural hair color?

27 A. Yes.

28 MR. GERAGOS: Objection. Relevance.

396

1 THE COURT: Overruled.

2 THE WITNESS: Yes.

3 MR. DISTASO: Q. And as he sits here today, can you

4 just state for the record what color his hair is?

5 A. Yes. It's brown.

6 Q. And is that a good es -- or is that a fair

7 representation of what his natural hair color is?

8 A. Yes.

9 MR. GERAGOS: Objection. Relevance.

10 THE COURT: Overruled.

11 THE WITNESS: Yes.

12 MR. DISTASO: Q. Okay. Did the defendant ever ask you

13 to dye his hair a different -- a color different than the

14 color of his natural color that we see here today?

15 A. No.

16 Q. Did he ever ask you to dye his hair a kind of

17 orange or red tint?

18 A. No.

19 Q. Did he ever -- did the defendant ever ask you to

20 dye his eyebrows in orange or red tint?

21 A. No.

22 Q. Did -- were you ever aware in the time that you

23 knew the defendant to know him to wear or grow a full, bushy

24 goatee?

25 A. Not a full -- I might have seen like a little bit

26 of a goatee, but not a full goatee.

27 Q. Okay. Did you -- did the defendant ever ask you,

28 even in the little bit of a goatee that you saw, to dye that

397

1 goatee any particular color?

2 A. No.

3 Q. Let me show you two photographs, People's 45 and

4 46. Do you recognize the individual in those photographs?

5 A. Yes.

6 Q. And who is that?

7 A. Scott.

8 Q. And that's the defendant, correct?

9 A. Yes.

10 Q. Okay. And the color of his hair and eyebrows and

11 goatee in those photographs, did he ever ask you to prepare

12 his hair in that fashion?

13 A. No.

14 Q. Now, were you working at Salon Salon on the 23rd of

15 December, 2002?

16 A. Yes.

17 Q. What is the last date that you saw your sister Laci

18 Peterson alive?

19 A. Was that day.

20 Q. The 23rd of December?

21 A. The 23rd, yes.

22 Q. And let's just start from the beginning. On --

23 what's the first time you saw her on that day?

24 A. I saw her around 5:45, the evening.

25 Q. Did you speak to her -- don't tell me what she

26 said, but did you speak to her any time prior to that?

27 A. Yes.

28 Q. And do you remember what time that was?

398

1 A. I spoke to her a couple times that day, but the

2 last time I had talked to her was probably around 5:20 that

3 evening.

4 Q. And then you actually saw her in person at what

5 time?

6 A. At 5:45.

7 Q. All right. And was she by herself or was she with

8 someone else?

9 A. She was with Scott.

10 Q. With the defendant?

11 A. Yes.

12 Q. And where did you see them?

13 A. At the salon.

14 Q. And what was their purpose in being there?

15 A. I was going to cut Scott's hair.

16 Q. And did you do that?

17 A. Uh-huh. Yes.

18 Q. Okay. What was Laci doing while you were cutting

19 the defendant's hair?

20 A. She was sitting next to us just talking with us.

21 Q. And what was her -- she was obviously visibly

22 pregnant, correct?

23 A. Yes.

24 Q. What was her demeanor or her affect? Can you

25 describe that for the Court? I mean, how was she feeling?

26 A. She was really tired. She even said that she was

27 tired.

28 Q. Okay. Did she do anything to act tired?

399

1 A. She just seemed exhausted from like the pregnancy.

2 Q. Okay. And where was she sitting while you were

3 cutting the defendant's hair?

4 A. She was sitting right next to us in the station

5 right next to where we were at.

6 Q. So like in the stylist's chair right next to you?

7 A. Yeah, right next to us.

8 Q. Did Laci get her hair cut that night?

9 A. No.

10 Q. Did you ever cut Laci's hair?

11 A. Uh-huh. Yes.

12 Q. And -- but on the 23rd of December, you didn't cut

13 her hair?

14 A. No.

15 Q. Do you know if any -- did you observe her during

16 the time she was there?

17 A. Yes.

18 Q. Did any other stylist cut her hair?

19 A. No.

20 Q. And so she just sat and talked to you while you

21 were cutting the defendant's hair, correct?

22 A. Yes.

23 Q. Do you remember what she was wearing?

24 A. Yes.

25 Q. What was that?

26 A. She had a cream colored pants on, they were kind of

27 a khaki, maybe tan, cream colored maternity pants. She had

28 a black blouse with either small cream polka dots, cream

400

1 flowers. She had a black jacket, a cream scarf and black

2 shoes.

3 Q. Do you remember -- in regards to the pants that she

4 was wearing, do you remember what length they were?

5 A. Yes. They were probably like ankle length.

6 Q. Now, did -- was there an item that needed to be

7 picked up for a Christmas breakfast from a place called

8 Vella Farms?

9 A. Actually, it was an item for our grandfather, it

10 was a basket, gift basket for a Christmas present.

11 Q. Okay.

12 A. Yes, it was supposed to be picked up.

13 Q. And where is Vella Farms located here in the

14 county?

15 A. In Modesto on the corner of Dale and Kiernan.

16 Q. And do you know where the Del Rio Golf Club is?

17 A. Yes.

18 Q. Where is that located?

19 A. North of McHenry, off of Ladd, kind of off of

20 Stewart Road.

21 Q. Is it out towards -- is the Vella Farms store and

22 Del Rio in the same general area in the county?

23 A. Yeah, they're on the same side of town.

24 Q. Did -- what time did this item need to be picked

25 up, what date and time, I should say?

26 A. On the 24th, after 12:00 noon, but before 3:00 p.m.

27 Q. Okay. So you had made arrangements to pick up this

28 gift basket the next day between 12:00 and 3:00?

401

1 A. Yes.

2 Q. And what was the deadline at 3:00? What was going

3 to happen at that time?

4 A. They were supposed to close at 3:00.

5 Q. Okay. Did you tell that information to Laci and

6 the defendant?

7 A. Yes.

8 Q. And what, if anything, did the defendant say about

9 that?

10 A. He offered to pick it up.

11 Q. And did he say why he could pick it up or why that

12 he'd be able to do that?

13 A. Because he was going to be out that way.

14 Q. And did he say where he was going to be going?

15 A. He said he'd be out that way golfing, so I assume

16 Del Rio.

17 MR. GERAGOS: Objection. Motion to strike the last

18 portion.

19 THE COURT: Overruled.

20 MR. DISTASO: Q. Did -- were you aware as to whether

21 or not the defendant and Laci had a membership to the

22 Del Rio Country Club?

23 A. Yes.

24 Q. Did they?

25 A. Yes.

26 Q. Okay. After you were finished cutting the

27 defendant's hair and you had made this arrangement -- or I

28 guess he agreed to pick this up, did anything else happen at

402

1 the salon that night?

2 A. No.

3 Q. Okay. Did they go home?

4 A. Yeah, they left.

5 Q. And then did you go somewhere else?

6 A. Yes.

7 Q. Where'd you go?

8 A. I went to dinner with one of my friends that was

9 here from out of state --

10 Q. Okay. The next day, did you get some word that the

11 basket had not been picked up from Vella Farms?

12 A. Yes. Vella Farms --

13 Q. And when was that?

14 A. It was around 3:45.

15 Q. And what happened?

16 A. The lady from Vella Farms had called wondering if I

17 had forgotten to pick up the basket.

18 Q. And did you attempt to get a hold of the defendant?

19 A. Yes.

20 Q. How'd you do that?

21 A. By calling his cell phone and their house.

22 Q. And was there any answer?

23 A. No.

24 Q. So did you -- what did you do?

25 A. Well, at that time I just figured I'd go pick it up

26 myself, since I was -- for one, I thought they were supposed

27 to close at 3:00, and she said they were going to be open

28 until 4:00, so I thought I'd go pick it up so they wouldn't

403

1 have to wait and stay open just for us.

2 Q. Did -- now, during the time -- at any time up until

3 the last time -- was that the last time that you then

4 actually spoke to your sister Laci?

5 A. On the 23rd?

6 Q. Yes.

7 A. Yes.

8 Q. Up until that time, had Laci ever mentioned to you

9 that the defendant had bought a boat?

10 MR. GERAGOS: Objection. Calls for hearsay.

11 THE COURT: Sustained.

12 MR. DISTASO: Well, Your Honor, I'm not asking for the

13 statement. I'm only asking if she -- if that subject had

14 ever been mentioned to her. That's not calling for a

15 statement.

16 MR. GERAGOS: That's his calling for the truth --

17 THE COURT: Calling for hearsay. Sustained.

18 MR. DISTASO: Q. Did you have any knowledge that the

19 defendant had bought a boat?

20 A. No.

21 Q. Had you ever seen the defendant's boat?

22 A. No.

23 Q. There's a picture there in front of you. What's

24 the number on that?

25 MR. GERAGOS: 47.

26 MR. DISTASO: Q. 47. Did you ever see that -- well,

27 let me ask you this: Do you recognize the truck in that

28 picture?

404

1 A. Yes.

2 Q. Whose truck is that?

3 A. Scott's.

4 Q. The defendant's?

5 A. Yes.

6 Q. And this boat that's being -- behind the truck, do

7 you recognize that boat?

8 A. No.

9 Q. Had you ever seen -- not -- don't think of any

10 media accounts or anything else, but had you ever seen up to

11 December 23rd, this particular boat?

12 A. No.

13 Q. And did you have any knowledge that Laci or -- I

14 mean, that the defendant had bought boat?

15 A. No.

16 Q. So I take it by that, you've never ever been in

17 that particular boat?

18 A. No.

19 Q. At any time in your relationship with either your

20 sister Laci or the defendant, did you ever know, and let's

21 just say up until December 23rd, that the defendant was

22 having an affair with a woman by the name of Amber Frey?

23 A. No.

24 Q. The -- are you familiar at all with the defendant's

25 use of his cell phone?

26 A. No.

27 MR. DISTASO: Nothing further, Your Honor.

28 THE COURT: Mr. Geragos?

405

1 MR. GERAGOS: Thank you.

2

3 CROSS-EXAMINATION

4 MR. GERAGOS: Q. Good morning.

5 A. Good morning.

6 Q. Were you aware, like Mr. Distaso just asked you, as

7 of the 23rd, that Laci had a cleaning lady?

8 A. Yes.

9 Q. Did you tell the police that -- let's see. You got

10 interviewed by Detective Grogan; is that right?

11 A. Uh-huh. Yes.

12 Q. Okay. Detective Grogan asked you if you knew

13 anything about Laci's maid, and you said you weren't aware

14 that Laci had even hired one? Did you tell him that in an

15 interview?

16 A. Well, I remember talking to Laci about her getting

17 a maid, but, actually, I didn't know that they had one at

18 the time.

19 Q. Okay. So when you were interviewed by Detective

20 Grogan, you -- on the 5th of January, I think, is that

21 roughly when it would have been?

22 A. Yes.

23 Q. You told him at that time that you weren't even

24 aware that they had one; is that correct?

25 A. Yes. If that's what I said, yes.

26 Q. Okay. Then the -- Miss Nava -- you were in the

27 courtroom when Miss Nava testified?

28 A. Yes.

406

1 Q. Okay. You've never seen or heard of her --

2 A. No, I haven't.

3 Q. -- before the 23rd, right?

4 A. No.

5 Q. All right. The -- and you didn't know that

6 Miss Nava had cleaned the house four times, did you?

7 A. No.

8 Q. Okay. Now, the day -- I guess it was the 23rd, you

9 were working at the salon, right?

10 A. Salon, yes.

11 Q. All right. And you'd arrived there at

12 approximately what time?

13 A. I went in early, probably like 6:30.

14 Q. Okay. And you had -- 6:30 p.m.?

15 A. A.m.

16 Q. A.m.?

17 A. Uh-huh.

18 Q. So you were there most of the day is that --

19 A. Most of the day.

20 Q. Okay. And was your appointment with Scott going to

21 be kind of the end of your shift?

22 A. Uh-huh. I was actually done, and I had gone to

23 Vella Farms to get the basket made for us, and then I came

24 back --

25 Q. Okay.

26 A. -- to meet with Scott and Laci.

27 Q. Okay. So you had left the salon, driven over to

28 Vella Farms?

407

1 A. Yes.

2 Q. Okay.

3 A. And then driven back.

4 Q. And then you came back.

5 When you -- had you already checked out, basically, or

6 punched out or clocked out?

7 A. Yes, I already clocked out. And then when I came

8 back, I wasn't clocked back in.

9 Q. Okay. Is there a surveillance system or video

10 system in the salon?

11 A. Yes.

12 Q. Okay. And that -- they have a -- like a tape

13 recording machine?

14 A. Uh-huh. Yes.

15 Q. You have to say yes for the Court Reporter.

16 A. Oh. Yes.

17 Q. And the tapes are saved, are they not?

18 A. Yes.

19 Q. Okay. That tape machine covers the interior of

20 Salon Salon -- Salon Salon?

21 A. Yes.

22 Q. Okay. And it covers the interior of the place;

23 isn't that correct?

24 A. I don't know exactly where all the cameras are, but

25 I think the entryway and part of the salon inside, yes.

26 Q. Okay. The tape machine or the cameras would cover

27 Laci and Scott as they were coming in and as they were

28 leaving at the very least; isn't that correct?

408

1 A. Yes.

2 Q. And most probably would have covered and have a

3 picture of what Laci was wearing and what Scott was wearing

4 that day as they walked in and as they sat down in the

5 chair; isn't that correct?

6 A. Yes.

7 Q. Okay. You told the police that, didn't you?

8 A. That there was cameras?

9 Q. That there were cameras.

10 A. Yes.

11 Q. Because they were asking you what was she wearing,

12 and at first you couldn't really remember with great detail;

13 isn't that a fair statement?

14 A. No, I remembered from the beginning.

15 Q. And you told them, "Look, there's a tape system, go

16 get the tape, and then you'll be able to see exactly what

17 she was wearing, you'll have a picture of it," right?

18 A. Yes.

19 Q. Okay. And you did that, right, and fairly --

20 fairly right away; isn't that correct?

21 A. Yes.

22 Q. Okay. Because you wanted them to see exactly what

23 she was wearing, because that was the last thing, and then

24 they'd have a picture of it, right?

25 A. Yes.

26 Q. Okay. Now, the -- you're about -- you were growing

27 up six years younger than Laci?

28 A. Yes, six years.

409

1 Q. Okay. And did you live together with her growing

2 up?

3 A. No.

4 Q. No? Okay. And -- but you would, in growing up,

5 see her periodically or fairly often?

6 A. Uh-huh. When we'd go to our dad's house, yes.

7 Q. Okay. And that was -- the two of you lived in

8 separate homes, though; is that right?

9 A. Yes.

10 Q. Okay. And when she moved back to Modesto, I think

11 Mr. Distaso had you estimate sometime in the year 2000?

12 A. Yes.

13 Q. Okay. Would you go to her house, Laci's house?

14 A. Yes.

15 Q. How many times would you say you've been to the

16 house?

17 A. I don't want to -- I don't know. A number of

18 times. I mean --

19 Q. More than ten?

20 A. Yeah, more than ten.

21 Q. Okay. Would you normally go there on an occasion

22 when the family was getting together?

23 A. Yes.

24 Q. Okay. So probably, maybe, 25, 30 times total?

25 A. I don't know exact number, but --

26 Q. Okay. Did you ever -- would you ever just stop by

27 the house?

28 A. Yeah.

410

1 Q. Okay.

2 A. If I was over that way.

3 Q. And is it a fair statement that you two would talk,

4 sometimes a week would go by, sometimes it might be more

5 frequent, just depended on --

6 A. Yeah, just depended. We didn't have like a

7 routine, but --

8 Q. Okay. And you've known Scott since you were

9 approximately how old?

10 A. Maybe 13, 14.

11 Q. Now, when they moved back to Modesto, did they move

12 into the Covena house?

13 A. No.

14 Q. Okay. So they were at a different location?

15 A. Yes.

16 Q. And how long had they been at the Covena house,

17 that you're aware of?

18 A. For most of the time that they've been here. I

19 didn't see the house they lived in previously, so I don't

20 know exact, like, years, but --

21 Q. Okay. So they first lived in one house that they

22 rented for, what, a year or something like that?

23 A. I don't think that long, no.

24 Q. Okay. But you never went over to that house?

25 A. No.

26 Q. Then they bought the house on Covena, and you've

27 been over there for family gatherings?

28 A. Yes.

411

1 Q. Okay. Now, you were aware that Laci would walk

2 every day while she was pregnant, isn't that correct, or --

3 A. Yes. Well, she told me -- I don't know every day,

4 but, yeah.

5 Q. Okay. And she was trying to do that to stay fit

6 and active during the pregnancy; isn't that correct?

7 A. Yes.

8 Q. She -- besides that, you were aware that even as

9 late as the 23rd or the 22nd, right in there, she was even

10 doing Lamaze classes or -- not Lamaze, yoga classes; isn't

11 that correct?

12 A. Yes. Uh-huh.

13 Q. What was the yoga place that she was going to?

14 A. It's in McHenry Village, and I think it might be

15 called The Yoga Center. I don't know the exact name, but I

16 know it's there.

17 Q. And you knew that she as recently as the last

18 couple of days had been to a yoga class; isn't that correct?

19 A. Yes.

20 Q. Okay. And you know that within that last couple of

21 days that she'd also been to the -- been to the park walking

22 the dog or walking McKenzie; isn't that correct?

23 A. I don't know for sure if she walked to the park,

24 but I knew that she'd been walking frequently, yes.

25 Q. Okay. The -- when they moved to Modesto, Laci had

26 wanted to have a child; isn't that correct?

27 A. Yes.

28 Q. And Scott wanted one as well; isn't that correct

412

1 A. Yes.

2 Q. Okay. They discussed baby names?

3 A. Baby names?

4 Q. Baby names.

5 A. Yeah.

6 Q. Okay. And as far as you know, both Laci and Scott

7 had done Lamaze classes together; isn't that correct?

8 A. Yes.

9 Q. Okay. And you told the police that as well; isn't

10 that right?

11 A. Yes.

12 Q. Okay. The day of the 24th, on that -- Mr. Distaso

13 was asking about the Vella Farms, picking up the items?

14 A. Yes.

15 Q. The woman called you. Where did she call you?

16 A. At my house.

17 Q. Okay. When she called you at the -- by the way,

18 were you going someplace that day? Did you have plans to go

19 someplace that evening?

20 A. Yes. Actually, I was meeting with my dad the

21 evening of the 24th.

22 Q. Okay. On Christmas Eve you planned to be with your

23 dad?

24 A. Yeah.

25 Q. Christmas Day?

26 A. At Laci and Scott's house.

27 Q. Okay. So Laci and Scott had invited you over to

28 spend Christmas morning at their house?

413

1 . Yes.

2 Q. Okay. Cooking French toast or something like that?

3 A. Yes, we were going to have brunch.

4 Q. Okay. And they were going to invite -- do you know

5 who was supposed to come over on Christmas Day?

6 A. I don't know exactly. Just our family. I mean,

7 immediate family, not too big. It was going to be small.

8 Q. Just a couple of the immediate, nuclear family, if

9 you will?

10 A. Yeah.

11 Q. Okay. When she called you from Vella Farms, did

12 you call Laci's cell phone?

13 A. No.

14 Q. Did you call Scott's?

15 A. I just thought I might catch him out there still,

16 he could pick it up, so I called Scott's cell phone. And

17 then I called their house phone, but no answer.

18 Q. Okay. Did you leave a message on the cell phone?

19 A. No.

20 Q. Okay. And did their house have an answering

21 machine, as far as you're aware?

22 A. Yes.

23 Q. Did you leave a message there?

24 A. No.

25 Q. Okay. Did -- one of those things where you make

26 the call, the answering machine picks up, and you just hang

27 up?

28 A. I just hung up and ran out there and picked it up.

414

1 Q. And you made the call from which phone of yours?

2 A. I think it was my house phone.

3 Q. Okay. And was that your hard line at the house or

4 your cell phone at the house?

5 A. Hard line at the house.

6 Q. Okay. Now, the -- could I have just one moment,

7 Your Honor?

8 And is it a fair statement that you did not know

9 Scott's daily routine?

10 A. Yes, I did not know.

11 Q. Okay. And is it also a fair statement that you

12 didn't know Laci's daily routine, you had some information,

13 but you didn't --

14 A. Yeah, but I didn't know their exact routine,

15 though.

16 Q. Okay. You knew that Scott liked to golf?

17 A. Yes.

18 Q. You knew he liked to hunt?

19 A. Yes.

20 Q. Okay. You knew he liked to fish?

21 A. Yeah, I didn't really -- mostly golfing is what I

22 ever heard, so --

23 Q. Okay. And you also knew that he had gone to all

24 the doctor's appointments with Laci for the baby; isn't that

25 correct?

26 A. Yes.

27 MR. GERAGOS: Okay. I have no further questions.

28 Thank you.

415

1 REDIRECT EXAMINATION

2 MR. DISTASO: Q. Miss Rocha, regarding Laci's routine

3 on walking, were you actually present and going and walking

4 with her on a regular basis?

5 A. No. I had never walked with her.

6 Q. So you had never walked with her?

7 A. Right. But I did know she was walking.

8 Q. Okay. But -- and was that from her talking to you

9 about it?

10 A. Uh-huh. Yes.

11 THE COURT: You have to say yes or no.

12 THE WITNESS: Yes.

13 MR. DISTASO: Q. The -- do you know whether her

14 routine -- I mean, so you have no personal knowledge of

15 whether she walked or not? I mean, from seeing it is what I

16 mean.

17 A. Yeah. No, I don't.

18 Q. Okay. Just from what she told you?

19 A. Yes.

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

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

22 what that means; is that right?

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

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

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

26 A. It was pretty often.

27 Q. Okay.

28 A. Yeah.

416

22 Q. Okay. On Christmas Eve you planned to be with your

23 dad?

24 A. Yeah.

25 Q. Christmas Day?

26 A. At Laci and Scott's house.

27 Q. Okay. So Laci and Scott had invited you over to

28 spend Christmas morning at their house?

413

1 . Yes.

9 Q. Okay. When was the last time you'd actually spoken

10 to her about it?

11 A. She had just told me about one time she'd walked

12 and she was feeling a little queasy, and so she was gonna

13 take a break from walking and like -- well, she had just

14 said that she was getting like upset, I think she might have

15 even, like, thrown up or something and felt dizzy.

16 Q. Okay. So she talked to you --

17 A. But that was like weeks before that. I don't know

18 exactly when.

19 Q. All right. So at some point she had talked to you

20 weeks prior to the 23rd; is that right?

21 A. Uh-huh.

22 Q. About a time when she was walking, she was feeling

23 ill during walking?

24 A. Yes.

25 Q. And other than that time, you know, around the time

26 of the 23rd or a couple weeks even before, had she talked to

27 you about resuming some pattern of walking or had you not

28 talked to her about it?

417

1 A. We really hadn't talked about it.

2 Q. All right. So the last time -- is this true or not

3 true? The last time that you spoke to her about it was the

4 time that she mentioned that she had some physical problems

5 about walking?

6 A. Yes.

7 Q. That was the last time?

8 A. That was the last time.

9 Q. And from that time on, she hadn't spoken to you

10 about taking -- or going walking; is that right?

11 A. No. Yeah, that's right.

12 Q. And -- okay.

13 MR. GERAGOS: Objection. Leading.

14 THE COURT: Sustained.

15 MR. DISTASO: Q. Well, you told us about this time

16 when she had gotten ill. Was that the last time that she

17 talked to you about going walking?

18 A. Yes.

19 Q. And regarding her yoga class, did you ever actually

20 attend that class with her?

21 A. No.

22 Q. So do you have any personal knowledge, not from

23 what she told you, but any personal knowledge of what types

24 of activities she was doing in that yoga class?

25 A. We've discussed what she did in there, like --

26 Q. Okay. Well, don't --

27 MR. GERAGOS: Objection. Let her answer the question.

28 MR. DISTASO: Well, Your Honor, it's actually calling