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Brochini Cross continued...
1 out of control, isn't it?
2 MR. DISTASO: Objection. Relevance. Calls for
3 speculation.
4 MR. GERAGOS: Well, he volunteered the "when the
5 screaming ended." What was the trigger for the screaming?
6 THE COURT: Overruled.
7 THE WITNESS: Scott continuing to talk to us.
8 MR. GERAGOS: Q. Well, do you remember -- so Scott was
9 talking to you?
10 A. No, Scott was lying to us.
11 Q. Well, he was lying because you didn't hear the
12 answers you wanted to hear --
13 MR. DISTASO: Objection, Your Honor. It calls for
14 speculation.
15 MR. GERAGOS: The --
16 THE COURT: It's argumentative. It's sustained.
17 MR. GERAGOS: Q. The 6th of January, you said that
18 Scott Peterson drove through, and then there was what you
19 called an evasive counter-surveillance, or something like
20 that? Is that -- was that your term?
21 A. Yes, it is.
22 Q. Okay.
23 THE COURT: That first part wasn't in evidence.
24 MR. GERAGOS: Q. At that point, on the 6th, how much
25 media attention had this case received?
26 A. There was a lot of media attention.
27 Q. Was there -- would you say that it was a fair
28 statement that the media was camped out on Covena Avenue?
1187
1 A. I know they were camped out there a lot. I can't
2 say the dates. But it's possible.
3 Q. Well, it certainly didn't subside in January, did
4 it, the media attention? It didn't go away, did it?
5 A. No.
6 Q. Okay. In fact, after the first of the year, it
7 tended to increase, didn't it?
8 A. I don't know.
9 Q. Well, you know that there were people who were
10 following Mr. Peterson, camping out in front of his house
11 from the media; isn't that correct?
12 A. No.
13 Q. You didn't know that?
14 A. I know they were camping in front of his house. I
15 mean, we were following him, and we didn't see any media
16 people following him.
17 Q. Didn't you -- didn't Grogan call Scott and tell him
18 that he was being followed by the Enquirer?
19 A. I don't --
20 Q. That he was being followed by other media outlets?
21 A. I don't think so. I don't know, though.
22 Q. Have you -- but you haven't read all the discovery?
23 A. I think I would know about that, and I don't know
24 about that.
25 And, no, I haven't read it all, but I've pretty much
26 talked to Craig Grogan every day, and --
27 Q. Now, the pictures that you say you took of the
28 boat, if I understand correct, you had a series of pictures
1188
1 on a camera that you borrowed from another officer; is that
2 right?
3 A. Right.
4 Q. Okay. Now, the pictures that were taken that were
5 originally provided were -- what have been -- previously
6 been marked as defense exhibits. And I assume these are the
7 pictures right here?
8 THE COURT: M through Y, I presume?
9 MR. GERAGOS: Yes.
10 THE WITNESS: These are them.
11 MR. GERAGOS: Q. Okay. Now, these pictures are the
12 pictures that you say, M through Y, that were -- that you
13 looked at on -- before February 11th; is that correct?
14 You were asked -- answering I think both Mr. Distaso
15 and Mr. McAllister's questions that you had looked at
16 another picture that had the little yellow placard on it and
17 a gloved hand that was holding a pliers with a hair; is that
18 correct?
19 A. That's -- yeah, I saw that photo on February 11th.
20 Q. Okay. So when you saw that --
21 MR. DISTASO: Your Honor --
22 MR. GERAGOS: -- photo.
23 MR. DISTASO: I'm sorry. Let me stop. I think the
24 record -- I believe the detective is actually looking at
25 People's exhibits and defense exhibits.
26 THE WITNESS: I am.
27 MR. DISTASO: I just want the record to be clear as to
28 what he's looking at.
1189
1 THE COURT: People's Exhibits being all 98 through 124?
2 MR. DISTASO: No, they were previous large photos that
3 the People entered.
4 MR. GERAGOS: I think they're 88 through 92.
5 MR. DISTASO: 88 through 92.
6 THE COURT: Thank you.
7 MR. GERAGOS: Q. Now, you looked at a photo, it's not
8 there -- I don't think it's up there marked as evidence yet,
9 the one you're referring to --
10 A. That's correct.
11 Q. But if you and I aren't talking about the same
12 photo, it's got a little yellow placard, and somebody's got
13 what looks to be a gloved hand with a pliers and a hair that
14 is kind of draped across diagonally in the picture; is that
15 correct?
16 A. I remember the placard, and I remember the pliers
17 and the hair that was kind of looped, and it looked rather
18 long, you know. And I can't say positively, I haven't seen
19 it in a while, if there was a gloved hand in it. But that's
20 the photo I remember.
21 Q. Okay. So you saw that. So you went back and you
22 looked at the pictures. Can you, for the record, for
23 Mr. Distaso and my benefit, can you pull out the exact
24 picture that it is that you looked at on, what would it have
25 been, February 11th or February 12th?
26 A. 11th.
27 Q. Okay. What is the exact picture you looked at?
28 A. I looked at 88, 90, 92, 89, and 91.
1190
1 Q. Okay.
2 A. Those are the exact pictures I looked at.
3 Q. Okay. And you looked at -- and you're positive of
4 that?
5 A. Let me look right here.
6 The ones I looked at are the ones I'm looking at right
7 now, if you want to come up here.
8 Q. Yeah. And they're marked as the People's exhibits;
9 is that correct?
10 A. No. When you're asking me the ones I looked at
11 that day, I went to this binder, and I looked at these five
12 scanned photos that I took on the 24th.
13 Q. Okay.
14 A. And they're the same five I just showed you.
15 Q. And these are the same ones that are marked, are
16 they not?
17 A. Yes, they are.
18 Q. Okay. You didn't look at or you didn't have the
19 ones that are over there as the defense exhibits; isn't that
20 correct?
21 A. That's right. I did not.
22 Q. Okay. Now, when you looked at those, you then went
23 back, you saw a yellow pliers that you thought was one in
24 the same, and so you and who else decided to open up the
25 envelope where the hair was?
26 A. We didn't just immediately decide to open it. But
27 I talked about it with Grogan, and we wanted to know if
28 there was a root on the hair.
1191
1 Q. And that was what day?
2 A. On the 11th.
3 Q. Okay. And when did you open up the package?
4 A. Well, on the 12th, when Dodge Hendee got there for
5 work, we asked him, "Was there a root on that hair?"
6 He said, "I can't remember. I don't know. Let's go
7 see."
8 And so we went and saw.
9 Q. And up to that point, all the reports in connection
10 with this case indicated that there was just a single hair;
11 isn't that correct?
12 A. I -- no, I don't think so.
13 Q. Can you point to me one report that refers to
14 multiple hairs prior to February 11th?
15 A. In search warrant affidavits and in the --
16 Q. Absolutely. A single, single document contained in
17 any of the 27,000 pages of discovery that's dated prior to
18 February 11th that says that there were multiple hairs.
19 A. Oh, I -- I'd have to do some research. I can't
20 say.
21 Q. I'll let you do that over the lunch hour.
22 But you can't say off the top of your head of any, can
23 you?
24 A. Dated prior to what date?
25 Q. February 11th, when you opened up the package.
26 A. Just give me one second.
27 Just on the limited, quick research, in my affidavit
28 in -- for the DNA on January 2nd, I talk about hair
1192
1 recovered in the boat. Not a hair. Hair. Difference.
2 Q. Oh, hair as opposed to -- what's the plural of
3 hair?
4 A. A hair.
5 Q. That's the plural?
6 A. To me.
7 Q. I guess only to you.
8 The -- the "a hair" which was recovered and which is
9 referred to --
10 A. There was more than one hair recovered in the boat,
11 Mr. --
12 Q. There was not more than one hair recovered in the
13 boat, and you know it.
14 THE COURT: Let's not argue. Just ask the question.
15 MR. GERAGOS: Q. Let me have one -- show me one report
16 prior to February 11th that's got more than one hair
17 recovered in the boat by any detective.
18 A. There's -- I know. I mean, I don't know what
19 you -- I can't --
20 Q. You know. Show me a report.
21 A. I'll have to research it over the lunch hour,
22 Mr. Geragos.
23 Q. Okay. Now, February 11th, you open it up, lo and
24 behold, there's two hairs; is that correct?
25 A. There's two hairs.
26 Q. Right. Now, those two hairs, did they break in
27 half? Did you break one hair in half and make it into two?
28 A. No, I didn't.
1193
1 Q. Okay. So it's your belief that there were two
2 hairs originally; is that correct?
3 A. No. That's not my belief.
4 Q. Well, there was a plural of hairs which is a hair
5 originally?
6 A. There was one hair wrapped in needle-nose pliers --
7 Q. It wasn't wrapped in the pliers --
8 A. It was --
9 Q. There was one hair that was -- that's described in
10 the report as being attached to the pliers; isn't that
11 correct?
12 MR. DISTASO: Objection, Your Honor. It's
13 argumentative.
14 THE WITNESS: There's one hair --
15 THE COURT: Let him finish the answer.
16 THE WITNESS: -- attached to the pliers.
17 MR. GERAGOS: Q. Right.
18 A. The detective that recovered it put it into an
19 envelope, opened the pliers while it was in the envelope,
20 pulled the pliers out, there was no hair, looked in, saw
21 hair, sealed it. That's how it was recovered.
22 Q. Okay. What you just described, unless I'm
23 mistaken, is one hair.
24 A. One hair went in.
25 Q. Two hairs came out?
26 A. When the pliers got --
27 Q. Is this a magic envelope?
28 THE COURT: Let him finish, Mr. Geragos.
1194
1 THE WITNESS: When the pliers got opened and -- you
2 know, to get it off, it wasn't laying there, it was stuck to
3 the pliers, opened -- I mean, I can assume what happened,
4 and I imagine you can too. But it got opened and sealed.
5 And the detective that saw one hair go in that opened those
6 pliers and shook it to get it off the pliers, it probably
7 broke it.
8 MR. GERAGOS: Q. That's your -- that's what you think
9 happened?
10 A. Yes.
11 Q. Okay. So, now, have we established, is it your
12 belief that there was one hair or more than one hair that
13 went into the envelope?
14 A. Well, I saw one hair in the photo. So I have to
15 assume one hair went in the envelope.
16 Q. Okay. When it opened up, you opened it up, you
17 discovered more than one hair; isn't that correct?
18 A. Yes.
19 Q. Okay. And you were surprised by that, so
20 surprised, you wrote a report?
21 A. I wrote a report?
22 Q. Didn't you write a report about opening it up and
23 finding multiple hairs? Did you write something? Did you
24 put pen to paper, or did you type something up?
25 A. Detective Hendee wrote something. I didn't.
26 Q. Okay. Did you or Detective Hendee write up a
27 report?
28 A. Yes.
1195
1 Q. Did you think it was significant that one hair had
2 become multiple hairs?
3 A. It -- we documented what we saw, he did.
4 Q. And you never, ever in that report that you've
5 documented or that Hendee documented surmised that it broke
6 in half, did you?
7 MR. DISTASO: Objection, Your Honor. It's -- I mean,
8 it calls for speculation.
9 MR. GERAGOS: I just --
10 THE COURT: Overruled.
11 MR. GERAGOS: Q. Did you write in the report --
12 A. I didn't write a report, and I don't know --
13 THE COURT: Let him finish the question, Detective
14 Brocchini.
15 THE WITNESS: Okay. Sorry.
16 MR. GERAGOS: Q. Did Hendee in his report say the hair
17 broke in half?
18 A. I don't know.
19 Q. Did Hendee measure the hair and say, "This is how
20 long it was when it went into the envelope, and this is how
21 long the two strands are now"?
22 A. I know there was a measurement before it went in.
23 I don't know if he measured it. I didn't see him with a
24 tape measure. But he did list a measurement when it went
25 in. And I did see a report from DOJ listing the same
26 measurement that they measured. So I can't say he did it.
27 Q. Well, you've seen the report from DOJ. Does that
28 report from DOJ anywhere state that this is a broken hair
1196
1 that had broke in half?
2 MR. DISTASO: Objection, Your Honor. Calls for
3 hearsay.
4 MR. GERAGOS: He just --
5 THE COURT: Overruled.
6 MR. GERAGOS: Q. You saw the DOJ report, right?
7 A. I did.
8 Q. Where does it say in the DOJ report that the hair
9 broke in half?
10 A. I didn't say it did.
11 Q. It doesn't, does it?
12 A. I don't know. It's -- it's described in there in
13 DOJ language.
14 Q. Well, the DOJ language doesn't say it broke in half
15 in any way, shape or form, does it?
16 A. Yes, it does. It was interpreted that way to me.
17 So --
18 Q. When it was interpreted that way to you, did
19 anybody put that -- who did that interpretation?
20 A. I think it was interpredated (sic) from DOJ
21 language to a detective or a investigator to me, and I --
22 MR. GERAGOS: There would be an objection, motion to
23 strike. It's nonresponsive as well as being a product of
24 multiple hearsay.
25 THE COURT: Sustained.
26 MR. GERAGOS: Q. Officer, did anybody from DOJ
27 directly explain to you that the hair broke in half?
28 A. No.
1197
1 Q. Did anybody produce a report that you've seen that
2 says, "We examined this hair, the two ends of these two
3 hairs microscopically, and they fit together or look like
4 they fit together and broke in half"? Have you seen that --
5 such a report?
6 A. No.
7 Q. Okay. In fact, the whole idea of the hair breaking
8 in half got made up after I filed a motion challenging the
9 chain of custody in this case; isn't that true?
10 MR. DISTASO: Objection, Your Honor. It's
11 argumentative.
12 MR. GERAGOS: It's not argumentative.
13 THE COURT: Overruled.
14 THE WITNESS: No.
15 MR. GERAGOS: Q. It's the first time anybody anywhere
16 in any piece of discovery, whether it's the 27,000 pages,
17 whether it's the DOJ, or anywhere else, that anybody has
18 suggested that the hair broke in half, is after we filed a
19 motion challenging the chain of custody; isn't that correct?
20 MR. DISTASO: Objection, Your Honor. It's
21 argumentative.
22 THE COURT: Overruled.
23 MR. DISTASO: It's compound as well.
24 THE COURT: Overruled.
25 THE WITNESS: I don't know.
26 MR. GERAGOS: Q. You don't know?
27 A. I don't know.
28 Q. Have you ever told anyone prior to the date that I
1198
1 filed the motion on chain of custody that that hair broke in
2 half?
3 A. What date did you file that?
4 Q. I'm asking if you ever told anybody?
5 A. You said after the date --
6 Q. After the date --
7 A. What's the date?
8 Q. It was filed in August. Did you any time prior to
9 August?
10 A. Have I ever told anybody that hair broke in half?
11 I probably told a bunch of people after February 12th when I
12 saw it, and we saw it was one hair when it went in and two
13 hairs came out, I'm sure I said it broke in half.
14 Q. But you just never put that into a report? You
15 didn't think that was relevant to maybe -- let's see, the
16 DOJ looked at the hair, right? And you didn't tell them in
17 a report that you thought the hair broke in half, correct?
18 A. We told them in a report what --
19 Q. Where? Show me that report.
20 A. We told them in a report what the hair looked like
21 when it went in the envelope and what it looked like when it
22 came out of the envelope, and that was a report by Hendee
23 written on February 27th, '03.
24 Q. Where does it say it broke in half?
25 A. I didn't say that. You just asked me what we told
26 DOJ.
27 Q. No, I asked you what report did you prepare that
28 says the hair broke in half?
1199
1 A. I didn't.
2 Q. Okay. You said you told a lot of people. I'm
3 asking you, did you tell the DOJ, who was examining the hair
4 microscopically?
5 A. No.
6 MR. DISTASO: Objection. It's been asked and answered.
7 MR. GERAGOS: Did you tell --
8 THE COURT: Overruled.
9 MR. GERAGOS: Q. Did you tell the FBI, who was going
10 to do the mitochondrial analysis of the hair?
11 A. That it broke in half?
12 Q. Yes. Did you tell them that?
13 A. Did I use those words?
14 Q. Well, did you tell them, "Hey, you might not want
15 to test or have to waste your time on the two segments on
16 this because it's all one hair"?
17 A. No.
18 Q. Did you prepare any report whatsoever that
19 showed -- that reflected that you thought that the hair
20 broke in half?
21 A. No.
22 MR. DISTASO: Objection.
23 MR. GERAGOS: Q. Do you have your February 27th report
24 there or the one that Hendee prepared?
25 THE COURT: It's overruled, if there's an objection.
26 THE WITNESS: Yes.
27 MR. GERAGOS: Q. Now, this -- I don't want to get it
28 out of order. Did you put it like that? Is this the report
1200
1 that you're talking about that's Bates --
2 A. No, it's not that Bates stamp.
3 Q. It's not -- this is an incorrect Bates stamp; isn't
4 that correct?
5 A. Yes.
6 Q. Okay. This is an investigative narrative. Where
7 is it that you write about or Hendee writes about the
8 recovery of the hair?
9 A. The recovery of it?
10 Q. Of the hairs, yes. Where in the report? Can you
11 point me to it?
12 A. No, this report is about opening the envelope.
13 Q. Okay. Where do you talk about the fact that it's
14 hairs? "I originally thought" -- "What I originally thought
15 was a single hair was actually two hairs. We both examined
16 the hairs under a magnifying glass, and neither thought what
17 we saw was a root on either of the two hairs. We placed the
18 two hairs in a small evidence box, sealing it shut, and then
19 repackaged the box in an evidence envelope."
20 MR. DISTASO: Objection, Your Honor. Actually, let me
21 hear the question first. But sounds like it's going --
22 MR. GERAGOS: Apparently Hendee knows what the plural
23 of hairs is there, doesn't he?
24 MR. DISTASO: Objection. It's argumentative, and it's
25 calling for hearsay.
26 THE COURT: Sustained.
27 MR. GERAGOS: Well, the -- he's a Prop 115 witness.
28 THE COURT: Yeah, but it's -- I'm sustaining it under
1201
1 the first reason.
2 MR. GERAGOS: Q. The report that was right there talks
3 about two hairs, doesn't it?
4 MR. DISTASO: Objection, Your Honor. The report's
5 double hearsay.
6 MR. GERAGOS: Report is of Hendee, and it's a report
7 that's prepared by Hendee of what he and Hendee did.
8 THE COURT: Prop 115, you have to either talk to Hendee
9 or ask him what he talked to Hendee about, not what's in
10 Hendee's report.
11 MR. GERAGOS: Q. Did you and Hendee discuss what you
12 saw --
13 A. Yes.
14 Q. -- when you opened up that envelope?
15 A. Yes.
16 Q. And that's why a report was prepared; isn't that
17 correct?
18 A. Yes.
19 Q. Okay. And the report that was prepared said that
20 there were two hairs, didn't it?
21 MR. DISTASO: Objection, Your Honor. Double hearsay.
22 THE COURT: Sustained.
23 THE WITNESS: Yes.
24 MR. GERAGOS: Q. And there's nowhere in that report --
25 MR. DISTASO: Move to strike.
26 MR. GERAGOS: Q. Did you talk to --
27 THE COURT: Stricken.
28 MR. GERAGOS: Q. Did you review that report of
1202
1 Hendee's?
2 A. Yes.
3 Q. Did you talk to Hendee about the report?
4 A. Yes.
5 Q. Now, the report is clear that there's nowhere in it
6 that it talks about a hair breaking in half, right?
7 A. Right.
8 Q. Okay. In fact, it talks about two separate hairs;
9 isn't that correct?
10 A. Yes.
11 Q. In fact, it goes to the point where it actually
12 says two, you spell it out T-W-O, or Hendee does, and he
13 writes out with a two; isn't that correct?
14 A. Yes.
15 Q. Now, the day when you open this up and emptied the
16 envelope, where specifically were you and Hendee -- I assume
17 you were over in that one-story gray building, the evidence
18 facility?
19 A. Yes.
20 Q. Okay. And when you walk in, there's a -- kind of a
21 lobby area, if you will; is that correct?
22 A. Yes.
23 Q. Then you -- as you walk into the lobby, to the left
24 there's a glass partition, correct?
25 A. Yes.
26 Q. To the right there's a small hallway and then
27 another room; is that correct?
28 A. Yes.
1203
1 Q. That room has another back door that leads into a
2 larger warehouse or storage-type area?
3 A. Yes.
4 Q. Have I described at any point in that layout where
5 it was that you and Hendee were examining that hair?
6 A. Yes.
7 Q. And where was that?
8 A. You described it as the lobby area.
9 Q. Right. And so in the entry, if you will, of the
10 evidence facility, that's where you opened the envelope; is
11 that correct?
12 A. That's correct.
13 Q. Okay. Did you do that on a table?
14 A. Yes.
15 Q. Okay. When you did that on the table, did you
16 have -- who else was present?
17 A. Just Detective Hendee and I and possibly a evidence
18 person from behind the window.
19 MR. GERAGOS: Okay. Is this a good place to take a
20 break?
21 THE COURT: We'll take our lunch break. Be back at
22 1:30.
23 (Lunch recess - 12:00 p.m.)
24 ---oOo---
25
1204
1 Thursday, November 13, 2003, at 1:34 p.m.
2 ---o0o---
3 THE COURT: Everyone's present.
4 You may continue the cross-examination, Mr. Geragos.
5 MR. GERAGOS: Thank you, Your Honor.
6 Q. Detective, over the lunch hour, we agreed we were
7 talking about the hair on the pliers, for clarity's sake in
8 the record; is that correct? When I'm asking you questions
9 right now, I'm asking you about the hair or hairs on the
10 pliers.
11 A. I got you.
12 Q. Got it? Okay. Now, the first report which I want
13 to refer you to is Bates stamped 2236. This is prepared by
14 Dodge Hendee; is that correct?
15 A. Yes.
16 Q. Okay. And this report shows that Grogan and
17 Brocchini asked him if the hair recovered from the plier had
18 the hair's root attached to it. Was that what you asked
19 Hendee?
20 A. Yes.
21 Q. He told you that at the time of collecting the hair
22 he did it by placing the tip of the pliers into a new
23 evidence envelope and opening the pliers, causing the hair
24 to fall into the envelope. Is that what you were describing
25 to Mr. Distaso?
26 A. Yes.
27 Q. He said, "The envelope was immediately sealed to
28 prevent the hair from getting lost"; is that correct?
1205
1 A. Yes.
2 Q. And he says, "When Detective Brocchini and I opened
3 and emptied the envelope, we both observed --" did you both
4 observe?
5 A. Yes.
6 Q. "We both observed what I had originally thought was
7 a single hair was actually two hairs." Is that correct?
8 A. Yes.
9 Q. And that was your -- that was your observation as
10 well; right?
11 A. Yes, it was.
12 Q. The -- once you opened the evidence envelope, you
13 then started to refer to the hair as hairs; isn't that
14 correct? And I'm referring to Bates numbered stamped 2228
15 of the reports.
16 A. Are you asking me if -- you said "we."
17 Q. Well, who prepared this?
18 A. Dodge Hendee.
19 Q. Okay. And it's referred to as, "The hairs
20 collected from the above pliers and the hairs were
21 originally stuck to the clamping portion of the pliers." Is
22 that correct?
23 A. That's what he wrote.
24 Q. Okay. 2296 is a report prepared by Detective Rick
25 House. Do you know who he is?
26 A. Yes.
27 Q. Okay. He refers to -- prior to you and Hendee
28 opening up this envelope, he refers to it as the hair,
1206
1 single sample; is that correct?
2 A. Yes.
3 MR. DISTASO: Your Honor -- I'm sorry. Mr. Geragos,
4 what's the Bates number on that?
5 MR. GERAGOS: 2296.
6 MR. DISTASO: Thanks.
7 MR. GERAGOS: Q. The -- then on 2215, also the
8 report -- this is a report by Dodge Hendee and once again
9 identifying evidence item 144 was "a pair of needle-nose
10 pliers found in the bottom of the boat. Attached to the
11 pliers was a black-colored hair," singular, "which appeared
12 to be approximately five to six inches in length." Is that
13 collect -- correct?
14 A. Yes.
15 Q. Also, goes on to indicate the hair itself was
16 collected in evidence item 144A; is that right?
17 A. Yes.
18 Q. Now, you did a return on the search warrant or
19 Grogan did; is that correct? He was one of your co-lead
20 detectives?
21 A. I didn't know who did it, but I'll believe you.
22 Q. He was on the first page?
23 A. Yes.
24 Q. Grogan did it; is that correct? This was a warrant
25 that was executed on December 26th, when you guys went to --
26 "you" meaning Modesto PD and all the other agencies went
27 first to the house and then to the warehouse; is that
28 correct?
1207
1 A. Yes.
2 Q. And 144A is listed as a hair, singular, collected
3 from those pliers; is that correct?
4 A. Yes.
5 Q. Now, when this was sent to -- both the pliers and
6 the hair were referred to as 144 and 144A -- is that
7 correct? -- as evidence numbers?
8 A. Yes.
9 Q. Okay. And the A was for the hair, originally one
10 hair, and -- of 144, and 144 was the pliers; was that
11 correct?
12 A. Yes.
13 Q. Okay. Now, you said that these were sent to the
14 Department of Justice; is that correct?
15 A. Yes.
16 Q. Okay. They examined the pliers, didn't they?
17 A. I think so.
18 Q. And they said there's no indication that the wire
19 cutters, as they called them, item 144, or the needle-nose
20 pliers had been used recently; isn't that correct?
21 MR. DISTASO: Objection, Your Honor. Calls for hearsay
22 there. He's actually going off the DOJ report.
23 MR. GERAGOS: I'm asking if -- I'll set a foundation.
24 THE COURT: Let's make it clear. If he's talked about
25 that, he can testify about that under 115, but if he's just
26 reading the report, we can all read it, if I allow it in
27 evidence.
28 MR. GERAGOS: Sure.
1208
1 Q. Did you --
2 A. I never spoke to them.
3 Q. You didn't speak to them?
4 A. Anybody at DOJ.
5 Q. At DOJ?
6 A. No.
7 Q. Over the lunch hour, I think I told you that I
8 filed a motion on chain of custody in August. In actuality,
9 it looks like it was FAX filed on October 7th of this year.
10 Do you have anywhere in your reports prior to October 7th of
11 this year a report that you authored or any other officer
12 authored stating that the hairs broke in half?
13 A. No.
14 Q. Because until we filed the motion challenging the
15 chain of custody, nobody had ever suggested that that hair
16 had broken in half that you're aware of; isn't that correct?
17 MR. DISTASO: Objection, Your Honor. It's been asked
18 and answered.
19 MR. GERAGOS: I'll move on.
20 Q. Let me ask you another question. The -- when you
21 opened --
22 MR. DISTASO: I'm sorry. Is that question withdrawn?
23 MR. GERAGOS: I withdrew the question.
24 MR. DISTASO: Thank you.
25 MR. GERAGOS: When I say, "Let me ask another
26 question," that's usually what I mean.
27 Q. The -- the time when you pulled out the evidence
28 envelope with Hendee, did you pull anything else out that
1209
1 same day at Modesto PD?
2 A. Yes.
3 Q. What was that?
4 A. A red rope.
5 Q. Okay. Anything else?
6 A. The fishing box.
7 Q. How about Laci's hairbrush?
8 A. No.
9 Q. Did you ever pull that out?
10 A. Never.
11 Q. Never? Did Hendee?
12 A. I don't know about that.
13 Q. In your presence?
14 A. No.
15 Q. And the spot in that what I call the lobby where
16 you did this, that's when you walk in that front glass door,
17 you're talking about the area that is immediately inside of
18 the building; is that correct?
19 A. Yes.
20 Q. Okay. Did you do that on the desk that is to the
21 side of the door?
22 A. No.
23 Q. I believe Mr. Distaso asked you about the two-day
24 fishing licenses. Do you remember that?
25 A. Yes.
26 Q. It appears that over the span of -- what? -- two or
27 three days, that Mr. Peterson and/or the officers who were
28 searching the house were able to come up with four separate
1210
1 licenses that were for two days; is that correct?
2 A. Yes.
3 Q. Okay. And they ranged in years from 1999 to 2002;
4 is that correct?
5 A. There was no 2001, so they didn't complete the
6 range. It was only '99 and 2002.
7 Q. Two 2-day fishing licenses in '99, two 2-day
8 fishing licenses in the year 2002?
9 A. Yes.
10 THE COURT: Mr. Geragos, didn't Mr. McAllister get into
11 this area?
12 MR. GERAGOS: Did you?
13 MR. McALLISTER: No, I didn't.
14 MR. GERAGOS: Pretend I didn't ask that.
15 Q. Did you put in your -- did you ever review any of
16 the DOJ reports about the hair on the plier?
17 A. No.
18 Q. Never -- did you ever talk to anybody about the
19 findings of DOJ, like Detective Grogan?
20 A. Yes.
21 Q. Okay. Did Detective Grogan tell you that the DOJ
22 had said that the ends of the hairs looked like they were
23 splashed or mashed, splayed?
24 MR. DISTASO: Objection, Your Honor. It's double
25 hearsay.
26 THE COURT: Sustained.
27 MR. GERAGOS: Q. The -- you do a microscopic -- you
28 did some kind of a magnification and examination of the
1211
1 hairs; is that correct?
2 A. Yes.
3 Q. And you did that with a magnifying glass?
4 A. Yes.
5 MR. GERAGOS: Thank you. I have no further questions
6 at this time. I reserve the right to recall him on some
7 other areas later on.
8 THE COURT: All right. Were you the one with the
9 photographs or was that going to be Mr. McAllister?
10 MR. GERAGOS: I'm going to defer the photographs until
11 I have my expert take a look at those things.
12 THE COURT: Okay.
13 MR. DISTASO: Your Honor, I'm going to move -- I'm
14 going to move all my exhibits that I marked with Detective
15 Brocchini into evidence, except for these latest
16 photographs until counsel has an opportunity to
17 cross-examine on that.
18 MR. GERAGOS: They're marked for identification now,
19 as I -- is that correct?
20 MR. DISTASO: Yes.
21 THE COURT: That's correct. I think everything is
22 already in up to this point, Mr. Distaso.
23 MR. DISTASO: Oh, okay. I thought there was some new
24 items.
25 THE COURT: The only new item was the Defense Z.
26 MR. DISTASO: Oh, all right. I'm actually going -- if
27 we want to handle that now, I'm actually going to object
28 to -- I don't object to any defense exhibit other the two
1212
1 Modesto Bee articles and I'd just object on hearsay
2 grounds.
3 THE COURT: And I didn't get a label for the second
4 one. Did you have that one marked?
5 MR. GERAGOS: On the 9th, I did not. What I'll do is
6 see if I can produce the online version, and then maybe
7 Mr. Distaso and I can just agree to stipulate to that.
8 Otherwise, maybe I'll just serve one of the reporters back
9 there from The Modesto Bee and ask him if he wrote the
10 article.
11 THE COURT: I'll let you talk about it later.
12 Anything else?
13 MR. DISTASO: I have no further questions for this
14 witness.
15 Your Honor, my next witness, I had -- she was here all
16 morning. I thought this was going to take much longer. I
17 actually told her to come back at 2:00. I can probably
18 call her on her cell phone and find how long it's going to
19 be. She lives very close. Shouldn't be more than five
20 minutes.
21 THE COURT: How long is that witness going to take?
22 MR. DISTASO: It's Karen Servas, the neighbor. For me,
23 not very long. But I don't know how they're going to
24 cross-examine.
25 THE COURT: You've got someone else lined up too, then,
26 I assume?
27 MR. DISTASO: I do after her. I really wanted to put
28 her on because I've kept her on phone call now for about
1213
1 four days.
2 THE COURT: All right. Let's take ten, and if she
3 comes in sooner, we can start before.
4 Take a recess.
5 (Whereupon the defendant exited the
6 courtroom.)
7 MR. GERAGOS: Oh, Judge, we were going to ask you -- we
8 can address it when we come back.
9 THE COURT: You have nothing, then?
10 MR. GERAGOS: He's not here. I didn't want to have him
11 dragged back out.
12 THE COURT: Oh, okay.
13 (Whereupon counsel conferred, off the
14 record. Thereafter, the defendant
15 returned to the courtroom.)
16 THE COURT: Is somebody calling in the meantime?
17 MR. HARRIS: Yes.
18 THE COURT: Is somebody calling the witness?
19 MR. DISTASO: Yeah, somebody's calling right now.
20 I guess we could handle an administrative matter on the
21 record.
22 THE COURT: Record reflect everyone's present.
23 MR. GERAGOS: I had discussed, they want a ruling,
24 "they" being the prosecution, on the mtDNA. I was going to
25 request the weekend to file a briefing, if I could, for
26 Monday morning that I thought would help assist the Court as
27 to the issues, because obviously it took a lot of days. I
28 know the Court took a lot of notes, but I thought maybe we
1214
1 could put it into some kind of form that would be a little
2 bit easier to manage.
3 THE COURT: What I was going to bring up, since you
4 approached the subject now, but I wanted to do it today
5 anyway. Probably set arguments sometime tomorrow. I don't
6 know if I need any more written points and authorities. I
7 assume we have almost everything.
8 MR. HARRIS: In terms of points and authorities, I
9 don't think there's going to be much more.
10 MR. GERAGOS: I was just --
11 THE COURT: What I'd like is arguments tomorrow and
12 then I'll have the weekend to prepare my ruling.
13 MR. GERAGOS: That's fine with me. I actually would
14 prefer that. Then I don't have to kill the weekend reading
15 DNA. Do you want to do that in the morning or in the
16 afternoon?
17 THE COURT: What's the witness situation? Do you know,
18 Mr. Harris?
19 MR. HARRIS: We have two civilian witnesses, and then
20 we start getting into officers. We do have two officers
21 that have medical issues, one counsel knows about that
22 would be coming in, and so we want to try to schedule him at
23 a stopping point so he's not sitting around waiting because
24 he can't take his pain medicine for him to come testify. So
25 I would suggest that it would probably be easiest if we
26 address that at the end of the day. That way we'll know how
27 far we got with the civilian witnesses today.
28 THE COURT: That's what I was thinking. Say 3:00
1215
1 o'clock tomorrow we do arguments. Limit you to half-hour
2 each side.
3 MR. HARRIS: That's fine with the People.
4 MR. GERAGOS: That's fine.
5 THE COURT: You can divide it up however way you wish.
6 MR. HARRIS: Now, is the Court's ruling going to be
7 limited strictly to the mitochondrial DNA Kelly/Frye issue
8 at this time?
9 THE COURT: You're bringing in evidence regarding
10 contamination or chain of evidence. I may rule on that,
11 too, if you get to that point of finally getting all the
12 evidence in that regard.
13 MR. HARRIS: All right.
14 THE COURT: Otherwise, I'll rule mainly about the
15 reliability or the Kelly/Frye issue.
16 MR. HARRIS: All right. Thank you.
17 THE COURT: So we'll do that at 3:00 o'clock tomorrow.
18 So plan your witnesses accordingly.
19 MR. HARRIS: Okay. Thank you.
20 THE COURT: Let's recess until the witness gets here.
21 (Proceedings recessed. Resumed at
22 2:03 p.m.)
23 THE COURT: Everyone's present.
24 Your next witness, Mr. Distaso.
25 MR. DISTASO: Karen Servas.
26 THE CLERK: Please raise your right hand.
27
28
1216
1 KAREN ANN SERVAS,
2 called as a witness for and on behalf of the People, having
3 been duly and regularly sworn, testified as follows:
4 THE WITNESS: Yes.
5 THE CLERK: Please have a seat. Put the microphone
6 around your neck.
7
8 DIRECT EXAMINATION
9
10 MR. DISTASO: Q. Ms. Servas, would you state your full
11 name, spell your last name for the record?
12 A. Sure. Karen Ann Servas, S-E-R-V-A-S.
13 Q. And did you live next door to a Laci and Scott
14 Peterson on December 24th, 2002?
15 A. Yes.
16 Q. Are you familiar with -- well, let me ask you this.
17 How long did you live -- how long have you lived next door
18 to the house at 523 Covena?
19 A. I've resided there since August of 1992.
20 Q. And so you were then present during the entire time
21 that Laci and Scott Peterson lived in that home?
22 A. Yes.
23 Q. Are you familiar with their dog?
24 A. Yes.
25 Q. And just briefly, how are you familiar with it?
26 A. They had that dog the entire time that they lived
27 there, and the first day I met them, I met their dog as
28 well.
1217
1 Q. And it's a kind of a Golden Retriever dog?
2 A. It is a Golden Retriever, yes.
3 Q. Do you remember -- do you know what the dog's name
4 is?
5 A. McKenzie.
6 Q. Did you find McKenzie on December 24th of 2002
7 somewhere in the vicinity of 523 Covena?
8 A. Yes.
9 Q. And can you describe for the Court what happened?
10 Just start from the beginning. What time of the day was it?
11 A. It was approximately 10:18 that I found the dog.
12 Q. And what were you -- what were you doing or what
13 were the circumstances of you -- how you came in contact
14 with the dog?
15 A. I was leaving my home, backing out of my driveway,
16 and the dog was standing in the street.
17 Q. Okay. The -- if you can just look at this diagram
18 just quickly.
19 This has been marked as People's 80. Do you recognize
20 this as a -- just a rough schematic of the house at 523
21 Covena?
22 A. Yes.
23 Q. If you could, just put -- if you could just -- let
24 me grab a pen that will show up.
25 THE BAILIFF: What color?
26 MR. DISTASO: Oh, it doesn't matter. Let's do red,
27 actually.
28 Q. If you could just put -- just write "Servas home,"
1218
1 like on the side of the house where your house is.
2 A. (Witness complied.)
3 Q. And then do you see -- you see this diagram. Where
4 would the street be in reference to that diagram?
5 A. It would be right here. (Indicating.)
6 Q. Let's --
7 A. On the bottom.
8 Q. That's -- on the bottom of the diagram?
9 A. Correct.
10 Q. Okay. That's off the diagram. Could you just
11 write "street" on the bottom of the diagram where it would
12 be?
13 A. (Witness complied.)
14 Q. Just write -- I know this isn't to scale. Just
15 write "dog" where you found the dog.
16 A. It would be way over here. (Witness complied.)
17 Q. Okay. Was the dog in front of your house?
18 A. Yes.
19 Q. Okay. You can go ahead and have a seat again.
20 A. Thank you.
21 Q. And what happened when you found the dog? You said
22 you were backing out of your driveway. Let's just go back
23 to that.
24 A. Correct.
25 Q. And then what happened? You saw the dog?
26 A. I saw the dog out of my driver's side window. He
27 was standing in the street staring at me.
28 Q. Okay. And what did you do then?
1219
1 A. I pulled my car over to the curb, got out of my
2 car, and walked to the back of the car, because now the dog
3 was standing off of my back left bumper.
4 Q. All right. And did you call the dog over?
5 A. No.
6 Q. All right. Did the dog come over to you?
7 A. I walked over to the dog.
8 Q. Okay.
9 A. He was just standing there.
10 Q. All right. And did you somehow get ahold of the
11 dog?
12 A. Yeah.
13 Q. How did you do that?
14 A. I walked over to him, and he was standing there
15 staring at me, and so I walked over and looked at his tags
16 to make sure it was actually McKenzie and it was.
17 Q. And how did you then take possession of -- what I'm
18 trying to ask you, did you grab his collar? Did you grab
19 his fur? Did you grab a leash?
20 A. I grabbed his tags. I mean, he was standing there.
21 Q. Okay.
22 A. He wasn't walking away, wandering. He was just
23 standing.
24 Q. Okay. What happened next?
25 A. I noticed that he had his leash on, and so I took
26 the leash and I walked over to Scott and Laci's house, and I
27 heard a noise in the backyard, thinking Laci was probably in
28 the backyard doing some yard work. So I walked to the
1220
1 driveway, and the side gate was wide open, so I walked
2 through the open gate onto the -- through the covered patio,
3 to approximately, I would say, a third to two-thirds of the
4 way -- can I use this diagram?
5 Q. Yeah, I was going to say --
6 A. Okay.
7 Q. Just take that pen.
8 A. Sure.
9 Q. Here. I'll give it to you again. Just take that
10 pen. Just a mark. Write the word "gate" where you walked
11 through. You said "open gate."
12 A. Right here. (Indicating.)
13 Q. And then -- let me ask you this -- when you were
14 going in the backyard, were you holding onto the dog?
15 A. Yes.
16 Q. By its leash?
17 A. By its leash.
18 Q. Okay. So the dog had a leash on?
19 A. Correct.
20 Q. You walked him into the yard?
21 A. Correct.
22 Q. Just draw a little dotted line where you walked and
23 where you went in the gate.
24 A. You want me to start when I came on the property?
25 Q. Uh-huh.
26 A. I started like this. (Indicating dotted line.) I
27 started to going here, and then I decided to go to the gate
28 right about here and right to about here and then walked
1221
1 back.
2 Q. Okay. And did you keep the dog with you the whole
3 time?
4 A. Yes.
5 Q. Go ahead. Where did you end up?
6 A. I ended up here. Left the dog. Said, "Bye-bye."
7 Seriously, I did.
8 Q. All right.
9 A. I did. I'm sorry, but that's what I did. I'm
10 telling you the truth.
11 Q. And as I --
12 A. Or actually right to about here, and I went like
13 this. (Indicating.) Put my arm out. Put him in, shut the
14 gate, and he barked at me once.
15 Q. All right. When you put him in like that, did you
16 just kind of like toss the leash away?
17 A. Uh-huh.
18 Q. Did you unhook the leash from the dog?
19 A. No.
20 Q. Did you see anybody in the yard?
21 A. No.
22 Q. When you said you saw a noise -- you heard a noise
23 from the backyard, how do you know it was coming from the
24 backyard and not from another -- not the house behind or the
25 house on the other side?
26 A. When I got to this point, I realized that the noise
27 I heard was in one of the other yards. It was somebody
28 raking.
1222
1 Q. Okay. So when you were in this area, I mean, in
2 this backyard, did you see any people?
3 A. No.
4 Q. Did you hear anything from that particular
5 backyard?
6 A. No.
7 Q. Okay. Did you see anything in the house?
8 A. No.
9 Q. Did you notice -- you can have a seat again. I'm
10 sorry.
11 A. Okay. Thank you.
12 Q. Did you notice anyone inside the house?
13 A. No.
14 Q. So -- I mean, basically, after you went back and
15 put the dog and let it go, I mean, put the dog back in the
16 yard, your whole contact with the house and the dog, you
17 didn't have any contact with any people?
18 A. No contact with any people.
19 Q. Okay. Now, after you put the dog away, you said
20 you shut the gate?
21 A. Correct.
22 Q. The dog barked once?
23 A. Barked once as I was shutting the gate. Just kind
24 of a bark.
25 Q. The dog's inside?
26 A. Correct.
27 Q. You're shutting the gate --
28 A. Correct.
1223
1 Q. -- the dog barks one time?
2 A. Correct.
3 Q. What happens next?
4 A. I retraced my steps, walked back across the lawn.
5 Probably about halfway across is when I looked at my hands
6 and decided to go back into my house to wash my hands.
7 Q. Okay. Let me stop you. I forgot to ask you a
8 question.
9 When you were holding the dog's leash, can you describe
10 its condition?
11 A. It had wet dirt on it, grass, you know, grass
12 clippings and then leaf, leaf clippings, leaves.
13 Q. Was it muddy? Would you call it muddy?
14 A. No. I'd say it was wet dirt. It was dirty. You
15 know, it's -- it's hard to describe it. My hands were not
16 muddy. My hands had some dirt and some grass and some
17 leaves on them and to the point where I almost went ahead
18 and went like this (indicating) on my jeans and thought, oh,
19 can't do that. So I went in the house and washed my hands.
20 Q. Okay. So after doing this, you went in the house,
21 washed your hands. Then where did you go?
22 A. I walked back out of my house, back down the
23 driveway, got into my car and drove to my first stop
24 downtown.
25 Q. And where was that?
26 A. My first stop was going to be Bank of America;
27 however, the parking lot was full, so I moved on to
28 Austin's.
1224
1 Q. Okay. And downtown, where is the downtown Bank of
2 America located?
3 A. It's located on the corner of I believe it's 17th
4 and I.
5 Q. Do you know how far the Bank of America is from
6 your house?
7 A. No, I do not.
8 Q. Okay. Okay. And then what happened when you got
9 to the Bank of America parking lot?
10 A. The parking lot and all the parking around it was
11 full. So I circled around the bank twice, couldn't find a
12 parking space, so I then drove down to Austin's.
13 (People's Exhibit 125 was marked for
14 identification.)
15 MR. DISTASO: This is 125.
16 MR. GERAGOS: 125.
17 MR. DISTASO: Q. So you circled around the lot twice.
18 I'm sorry.
19 A. Correct.
20 Q. Then what happened next?
21 A. Then I drove down to Austin's.
22 Q. Okay. Do you know where Austin's is located?
23 A. It's on the corner of Seventh and I.
24 Q. And how far approximately -- do you need some
25 water? I'm sorry.
26 A. Yes, please.
27 Q. How far approximately is the bank from Austin's?
28 A. It's exactly two miles. No, no, not the bank. I'm
1225
1 sorry.
2 Q. Go ahead.
3 A. My house to Austin's is exactly two miles.
4 Q. All right. Have you driven that route?
5 A. Yes.
6 Q. What? Did you use your odometer in your car or
7 something?
8 A. I clocked it in my car.
9 Q. Okay. What happened when you got to Austin's?
10 A. I went inside the store, bought two ornaments, and
11 paid for them and left.
12 Q. And do you have any idea how long you were in the
13 store?
14 A. Approximately five minutes.
15 Q. And you said you did make a purchase?
16 A. Yes, I did.
17 Q. And did you get a receipt for that purchase?
18 A. Yes, I did.
19 Q. I left a copy of People's 125. I actually left
20 People's 125 on the desk in front of you. Do you recognize
21 that?
22 A. Yes.
23 Q. Is that a copy of the receipt of the purchase that
24 you -- that you -- the purchase that you made at Austin's
25 Christmas Store on 12/24 of 2002?
26 A. Yes, it is.
27 Q. All right. Now, after going to Austin's, what did
28 you do next?
1226
1 A. I got back into my car and made a phone call.
2 Q. And who'd you call?
3 A. Tom Eakin. I believe it was him.
4 Q. You think you called him?
5 A. Yeah, without my cell phone records in front of me,
6 I can't say for certain, but I know I made a call to him,
7 and I believe it was him.
8 Q. And after you made the call, what did you do? What
9 did you do next?
10 A. I went to Starbucks.
11 Q. And then where?
12 A. And then I went back to Bank of America and found a
13 parking space.
14 Q. Okay. So you did your business there?
15 A. Correct.
16 Q. Did you then go home?
17 A. No.
18 Q. What time did you get home? Is it fair to say you
19 were just doing a number of errands that morning?
20 A. Yes.
21 Q. And what time did you then finish your errands and
22 go home?
23 A. I arrived home approximately -- to the best of my
24 recollection, 11 -- between 11:45 and noon.
25 Q. And how long -- did you stay at your home the rest
26 of the day and evening?
27 A. Yes. Yes, I did. No, I left my --
28 Q. I'm sorry. Let me stop you.
1227
1 A. I'm sorry.
2 Q. Did you stay at your home from 11:45 or 12:00 until
3 the next day?
4 A. No.
5 Q. How long were you then at your home from -- you
6 said you got there at 11:45 or 12:00.
7 A. Right.
8 Q. When did you next leave your home?
9 A. I left my home at 5:05 PM.
10 Q. How do you know the exact time?
11 A. Because as I was pulling out of my driveway, I
12 looked at the clock in my car because I was late.
13 Q. Okay. You said you were late. Were you supposed
14 to be somewhere at a certain time?
15 A. Yes, I was supposed to be somewhere at 5:00 PM.
16 Q. And when you looked at your clock -- I mean --
17 yeah, you looked at your clock. Did you -- during that time
18 you were back in your car at 5:05 and driving away, did you
19 ever look over at the Peterson home at 523 Covena?
20 A. Yes.
21 Q. What happened when you did that? Did you notice
22 anything when you did that?
23 A. I drove past the home, and Laci's car was in the
24 driveway, and there was a package in the mailbox.
25 Q. And was -- are you familiar with -- are you
26 familiar with the defendant Scott Peterson in this case?
27 A. Yes, I am.
28 Q. And is -- when I've been saying "Laci and Scott
1228
1 Peterson," the defendant's the person we've been talking
2 about; correct?
3 A. Correct.
4 Q. Are you familiar with the kind of car that he
5 drove?
6 A. Yes.
7 Q. What kind of car was it?
8 A. A Ford truck.
9 Q. Okay. Did you see his car at 5:05 PM when you
10 drove away?
11 A. No.
12 Q. You didn't -- so you didn't see his car in the
13 driveway?
14 A. No.
15 Q. What time -- did you come home at all again that
16 evening?
17 A. Yes.
18 Q. What time did you come home?
19 A. I'd say it was 10:15, approximately. To my best
20 recollection, 10:15.
21 Q. And when you got home, was the -- what was the
22 condition, I guess, around the home at 523 Covena?
23 A. A lot of people and police cars.
24 Q. When you found the dog, you told us that it was
25 10:18?
26 A. Correct.
27 Q. How is it that you are sure of that particular
28 time?
1229
1 A. I retraced my steps that morning to come up with
2 that time and backed it up from the time on the receipt and
3 the time I made the cell phone call.
4 Q. Okay. What time is on the receipt when you made
5 the purchase?
6 A. 10:34 AM.
7 Q. And did you -- the very first -- I think the very
8 first time you were spoken to, did you tell the police you
9 had found the dog --
10 MR. McALLISTER: Objection. Leading question.
11 THE COURT: It's going to be.
12 MR. DISTASO: Q. What time did you originally tell the
13 police you found the dog?
14 A. 10:30.
15 Q. And did you then -- what made you then retrace your
16 steps and come up with a different time?
17 A. At the time that I talked to the detective, I did
18 not have the receipt or I had the receipt. I didn't know
19 where it was. It was in my pants pocket. I found it two
20 days later.
21 Q. Okay. When you found it, did -- (Phone ringing.)
22 You can go ahead and take care of that.
23 A. Yeah.
24 Q. When you found it, the 10:34 time, did that refresh
25 your memory as to what time it was?
26 A. Yes, it did.
27 Q. You said you subsequently retraced your steps. Can
28 you explain for us what you did?
1230
1 A. I retraced my steps from the time I found the dog,
2 actually walked through the motions of pulling out of the
3 driveway, imagining seeing the dog, pulling to the curb,
4 walked through that, drove the exact route that I drove that
5 morning and stopped my watch in front of Austin's Christmas
6 Store.
7 Q. And what time did you -- that's how you came up
8 with the 10:18 time?
9 A. Correct.
10 MR. DISTASO: Nothing further, Your Honor.
11 THE COURT: Mr. McAllister.
12 MR. GERAGOS: Good afternoon.
13 THE WITNESS: Good afternoon.
14 THE COURT: Mr. Geragos. I saw you tap him.
15 MR. GERAGOS: I know. We go back and forth.
16
17 CROSS-EXAMINATION
18
19 MR. GERAGOS: Q. Ms. Servas, you talked to, I guess it
20 was Detective Buehler on the 26th he interviewed you
21 regarding finding the dog?
22 A. Correct.
23 Q. Okay. And as Mr. Distaso asked you, at that point
24 you told Detective Buehler that it was -- that you were
25 preparing to leave your residence on Christmas Eve, a
26 Tuesday, at almost exactly 10:30 AM; is that correct?
27 A. Is that what's written in my statement?
28 Q. Yes.
1231
1 A. Then that is what I told him that morning.
2 Q. Okay. And on that date, you said you got to the
3 front of the residence and the gate was locked. Which gate
4 were you referring to? I mean -- you want me to show you
5 the report --
6 A. Yes, please.
7 Q. -- see if it refreshes your recollection?
8 A. I would like to see that. Thank you.
9 Q. I've got it yellow highlighted. I'm referring to
10 1613.
11 A. Okay. Which?
12 Q. Right here.
13 A. (Witness reading.)
14 You know that --
15 Q. Hold on.
16 A. I didn't -- I didn't try the gate.
17 Q. Hold on one second.
18 A. Okay.
19 Q. You have to read that silently to yourself first
20 and then I'll ask you the questions.
21 A. Okay. Sorry about that.
22 (Witness reading.)
23 Q. Okay. Does that refresh your recollection as to
24 what you told the police on the 26th?
25 A. It was on the 25th --
26 Q. Okay.
27 A. -- that I made that statement.
28 Q. Okay.
1232
1 A. Yes.
2 Q. And were you referring to -- do you have the red
3 pen still or did Mr. Distaso take it? It's right in front
4 of him.
5 MR. DISTASO: Oh, here it is.
6 MR. GERAGOS: Q. Which gate was locked? If you could
7 just put an "L" for "locked" on there.
8 A. Now, whether or not it was locked, I don't know.
9 Q. But you tried it and --
10 A. But --
11 Q. -- you couldn't get in?
12 A. No. As I walked and got in front of this gate, I
13 heard something in the backyard, so I did not actually go
14 like this and try to open the gate. I figured to go in, to
15 try the side. I normally would go in the side anyway. But
16 it would have been this gate.
17 Q. You just put a little "L" there. I'll put a circle
18 around it.
19 The gate that would have gone -- that's where the
20 walkway is to the front door?
21 A. Correct.
22 Q. Then you've made some little dots here that go to
23 the other gate, which is where? Was there a car parked in
24 the driveway?
25 A. Laci's car was parked.
26 Q. Okay. Was it in front -- do you see how it's
27 parked right here. I think this is the one that they've got
28 representing Laci's car. Was that how it was parked that
1233
1 morning?
2 A. I don't recall if it was that way or not.
3 Q. Okay.
4 A. But it --
5 Q. Do you recall if it was in front of the gate,
6 parked in front of the gate?
7 A. I don't recall specifically where. I recall it was
8 in the driveway.
9 Q. Okay. Now, you told the -- I guess Detective
10 Buehler that you thought it was 10:30. Was that based on
11 your memory of looking at your watch or something like that?
12 A. Not of looking at my watch, no.
13 Q. Do you remember what you had looked at? Because at
14 least in here, it says that you were preparing to leave at
15 almost exactly 10:30. Was there a reason that you thought
16 at the time it was 10:30?
17 A. Because that was generally around the time that I
18 thought at the time that I made the statement that I had
19 actually left.
20 Q. Okay. And then it was a -- some point later you
21 found what's been marked as Exhibit 125?
22 A. Correct.
23 Q. That says 10:34 on it; is that correct?
24 A. Correct.
25 Q. Then it looks like at some point you got your cell
26 phone records; is that correct?
27 A. (Affirmative nod.)
28 Q. You have to say "yes" so she can take it down.
1234
1 A. Yes. Yes.
2 Q. When you got the cell phone records, that showed a
3 call at 10:37; is that correct?
4 A. I don't know if that is, because I don't have the
5 records in front of me.
6 Q. Okay. Do you remember talking to an officer at
7 some point about having found the cell phone records?
8 A. Yes.
9 Q. Okay. Do you remember which officer that was that
10 you talked to? Was that Buehler again?
11 A. Yes.
12 Q. Okay. Now, originally you told the officer -- you
13 gave a -- how long did you talk to Buehler on Christmas Day?
14 Was it for a period of time?
15 A. I don't know the exact amount of time. Possibly
16 20, 30 minutes.
17 Q. Okay. You told him that you had no information
18 that would suggest a violent or poor relationship between
19 Laci and Scott; is that correct?
20 A. That's correct.
21 Q. You told him that they seemed to get along very
22 well; is that correct?
23 A. That's correct.
24 Q. And that there was harmony in the relationship and
25 that both of them were excited about the upcoming baby and
26 pregnancy; is that correct?
27 A. In general terms, yes.
28 Q. Okay. Then you also told him -- we went through
1235
1 how you found the dog. You described that you didn't notice
2 anything unusual about the residence; is that correct?
3 A. That's correct.
4 Q. Okay. And you didn't see any signs of a struggle
5 or a fight or any violence of any kind?
6 A. No.
7 Q. And is it safe to say that you did -- when you went
8 into that area that's over there by the pool that you had
9 taken on at least a -- you got the dots here. You've gone
10 all the way into the back alongside the pool. Is that what
11 these dots represent?
12 A. Yes.
13 Q. Okay. Now, as you're going by there, there's a
14 door that's here; is that correct? Actually there's a door
15 here that's in this covered area patio?
16 A. Uh-huh.
17 Q. Is that a "yes"?
18 A. Yes.
19 Q. Okay. You're familiar with this area because
20 you've gone over there taking your kids over to go swimming,
21 or your son over to go swimming?
22 A. My son, correct.
23 Q. And there's also -- these are also like a French
24 door, glass door; is that correct?
25 A. Correct.
26 Q. Then there's some windows along here. You didn't
27 see anything amiss anywhere along in this area; is that
28 correct? Nothing was out of place. You didn't see these
1236
1 doors open or these windows open or this door open, any of
2 that?
3 A. None of those doors or windows were open.
4 Q. Okay. And there wasn't anything knocked over or
5 anything -- anything for you that looked out of the
6 ordinary; is that correct?
7 A. Nothing out of the ordinary.
8 Q. Okay. How many times do you think you'd been to
9 the house prior to that?
10 A. When Scott and Laci lived there or when the
11 previous --
12 Q. Right. When Scott and Laci lived there.
13 A. Twenty, 30 times.
14 Q. Okay. Now, between 9:30 and -- if I understand it
15 correctly, you kind of backtracked. You got the Austin's
16 receipt. You're assuming that Austin's clock, if you will,
17 internal clock is accurate?
18 A. Correct.
19 Q. If the internal clock is accurate and it was 10:34,
20 you went and then kind of retraced your steps; is that
21 correct?
22 A. Yes, it is.
23 Q. Based upon retracing your steps, you actually drove
24 around the Bank of America?
25 A. Yes, I did.
26 Q. And you recreated, if you will, what you did that
27 morning; is that correct?
28 A. Yes.
1237
1 Q. Based upon that, you've now backdated, if you will,
2 the time that you think you left the house. Is that a fair
3 statement? Backdated in the sense that you worked backwards
4 from 10:34 to 10:18, because it took you roughly 16 minutes
5 to recreate what you did?
6 A. Correct.
7 Q. Okay. Now, say, from 9:00 o'clock to 10:18, if you
8 did leave at 10:18, were you at home?
9 A. Yes, I was.
10 Q. Was your son at home with you?
11 A. No, he was not.
12 Q. Okay. And did you ever come outside at between
13 9:00 and 10:18 at any point?
14 A. At this time I don't recall that I did.
15 Q. Okay. Then there's a number of reports about -- I
16 think Mr. Distaso asked you this, about the leash. The
17 first time is it a fair statement that you told Detective
18 Buehler that it was a muddy leash?
19 A. I don't know if that was my exact words, even
20 though that's what was in the report, I don't know -- I
21 cannot say for sure that that's exactly what I said. I
22 described the condition just as I described it before to
23 him, and he may have thought that meant muddy.
24 Q. Okay. Then is it a fair statement that you called
25 him back later on, probably in concert with finding the
26 receipt, and said, well, it really wasn't as much muddy as
27 it was dirt encrusted, or something like that?
28 A. I don't recall if we had that exact conversation at
1238
1 the time that I called back about the receipt.
2 Q. Do you remember having that conversation at all,
3 telling him it wasn't so much --
4 A. About the condition of the leash?
5 Q. Yes.
6 A. At another time other than the 24th?
7 Q. Right.
8 A. Yes.
9 Q. Had you ever seen McKenzie out in front of the
10 house wandering with a leash on prior to that?
11 A. Prior to that day?
12 Q. Prior to the 24th?
13 A. By himself?
14 Q. By himself.
15 A. No.
16 Q. Okay. Had you seen Laci walking McKenzie when she
17 was pregnant?
18 A. By herself?
19 Q. Just Laci and McKenzie.
20 A. No.
21 Q. Okay. Had you ever seen Scott and Laci walking
22 McKenzie?
23 A. Yes.
24 Q. Okay. And how often would you say in -- I don't
25 know -- two months before December 24th had you seen the
26 three -- the two people and the dog walking together?
27 A. Both of them together maybe once, maybe twice, at
28 the most.
1239
1 MR. GERAGOS: Okay. Thank you. I have no further
2 questions of this witness. Thank you.
3 THE WITNESS: You're welcome.
4
5 REDIRECT EXAMINATION
6
7 MR. DISTASO: Q. Ms. Servas, when you say both of them
8 together, maybe once or twice, you've also told us that you
9 never saw Laci walking the dog alone; right?
10 A. In the two months prior, I don't recall seeing her
11 walk the dog alone.
12 Q. Okay. Did you see the defendant walk the dog by
13 himself?
14 A. Yes, I have.
15 Q. Okay. And was that more than the once or twice?
16 A. Yes.
17 Q. There was just something -- one other question.
18 In -- Mr. Geragos asked you about some kind of general
19 relationship between the two of them, between the defendant
20 and Laci, and you said in general terms that report that he
21 read you was accurate. What did you mean by that? Can you
22 just clarify that for us a little bit?
23 A. I don't think "harmony" would be a word that I
24 would use in a sentence to describe anyone's relationship.
25 Q. Okay. And why not?
26 A. It's not --
27 MR. GERAGOS: Objection. Irrelevant.
28 THE COURT: Sustained.
1240
1 THE WITNESS: It's not in my language.
2 THE COURT: Sustained.
3 MR. DISTASO: Okay. Nothing further then, Your Honor.
4 MR. GERAGOS: I don't have any -- any cross.
5 THE COURT: You may step down.
6 THE WITNESS: Okay. Thank you.
7 THE COURT: I want to take a recess before the next
8 witness.
9 You've been reporting -- you started at 1:30?
10 THE REPORTER: Yes, I'm okay.
11 THE COURT: I wanted to cover the evidence. I made a
12 mistake when I said everything was covered. 84 through --
13 MR. GERAGOS: 87.
14 THE COURT: -- 94 is not yet in evidence. Those are
15 photographs, a diagram of the shop, bill of sale, aerial
16 photo.
17 MR. DISTASO: That's all this.
18 THE COURT: I assume that's what Mr. Distaso wanted to
19 know.
20 MR. DISTASO: Fishing equipment, the photo, all the
21 stuff with Brocchini.
22 MR. GERAGOS: That we did by ID?
23 MR. DISTASO: Yeah, right, right, right.
24 MR. GERAGOS: I think we had agreed, Your Honor, that
25 that would be marked for identification purposes until I can
26 have my expert take a look at the negatives.
27 MR. DISTASO: No. Actually, Your Honor, I think we
28 have just a little confusion. The photos that we agreed for
1241
1 ID, the second set of photos are the ones -- the prints
2 we've agreed to that. But this was all the other items, the
3 fishing license, the receipt, all that other stuff we've
4 been talking about.
5 MR. GERAGOS: Right. I don't have a problem with 84,
6 85 or 86 or 87. I do wish to reserve until I've had a
7 chance to examine the photos because I believe that 88
8 through 92 relate to the photos that I want to have
9 examined, if I'm not mistaken.
10 MR. DISTASO: Okay. Yeah, that's fine, Your Honor. So
11 how about admitting 84 through 87?
12 MR. GERAGOS: Right.
13 MR. DISTASO: And then skipping down, for the time
14 being, 88 through 92, and admitting, I imagine without
15 objection, 93, 94 and 95.
16 MR. GERAGOS: That's correct.
17 THE COURT: Okay.
18 MR. GERAGOS: I mean, I have no objection to that.
19 MR. DISTASO: Right. That's fine.
20 THE COURT: Those items will be in evidence.
21 (Whereupon People's Exhibits 84 through
22 87, inclusive, and 93 through 95,
23 inclusive, were received in evidence.)
24 MR. DISTASO: Okay. And then the defense exhibits, why
25 don't we just hold off then on the photographs since that's
26 what we're doing and I --
27 THE COURT: Okay. So far the Defense M through Z are
28 not in evidence and neither are the last batch of
1242
1 photographs of the People, 98 through 124, now 125.
2 MR. DISTASO: And I would ask for 125.
3 THE COURT: Any objection on that?
4 MR. GERAGOS: No.
5 THE COURT: That will be in evidence.
6 (Whereupon People's Exhibit 125 was
7 marked and received in evidence.)
8 THE COURT: Anything else, then?
9 MR. DISTASO: No, Your Honor.
10 THE COURT: Let's break until ten 'til 3:00.
11 (Proceedings recessed at 2:35 p.m.)
12
13 ---o0o---
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