November 2003

3 Nov 2003 Preliminary Hearing Day Four: The Testimony

Witness: Professor William Shields, New York State University

William Shields, a professor at State University in Syracuse, New York, took the stand as the Defense DNA expert.

Shields testified that the technique used by the FBI laboratory is faulty and fails to adequately address contamination. Under questioning from prosecutor Dave Harris, Shields acknowledged he had never personally extracted a mitochondrial DNA sample in a lab, and garnered his expertise from reading reports done by others, viewing work in other labs and some of his own lab work.
In the afternoon session, Shields testified that the human hair found in Scott's boat could have come from one in any 11 white people. He reached that conclusion by using a computation different from that of an FBI mitochondrial DNA expert who testified at the preliminary hearing last week. "I guarantee you," Shields said, "the way it is presented (by authorities) is biased against the defendant - and it's wrong."
Prosecutor Dave Harris sparred with Shields by squabbling over definitions. Shields grew increasingly agitated with Harris in a string of exchanges about scientific terms and procedures, finally saying: “You’ve been doing this all along. Stop misrepresenting what I’m saying.”

4 Nov 2003 Preliminary Hearing Day Five: The Testimony

Witness: Jon Evers, MPD Testimony

Detective Jon Evers, the responding patrol officer, completed his testimony. Under cross, he testified that he did not see moisture on any of the floors and did not smell bleach or other cleansers. He also testified that he and the other officers saw a throw rug scrunched against a doorway leading to the driveway.

5 Nov 2003 Preliminary Hearing Day Six

No witnesses called. The hearing was delayed because of Geragos' involvement in the Los Angeles trial.

6 Nov 2003 Preliminary Hearing Day Seven: The Testimony

Witness: Allen Brocchini, MPD Testimony

Detective Allen Brocchini, the responding detective, testified.

Met Scott on eve of 24th
- Did walk through of home
- Big 5 Sporting Goods receipt, 2 day 1999 fishing license, Llama .22 caliber semi-automatic handgun in glove compartment
December 27th search warrant observed the boat cover in the storage shed under a leaking leaf
24th after searching vehicles went to warehouse with Scott and Jon Evers
- Was told no power in ware house, didn’t check for himself
- Drove back to MPD arrived at midnight
One hour audio taped interview
- Scott got up at 8am Laci a bit earlier, ate breakfast, watched Martha Stewart, parts he remembered were about meringue
- Laci asked him to bring her Mop and bucket
- left home around 9:30-9:35 am
- Laci’s plans, walking dog, cleaning, shop for brunch
- Fishing a morning decision to cold to golf, original plan was golfing
- Had boat for a couple of weeks
- Bought boat used on December 9th from Mr. Bruce Peterson
- Last time saw Laci, black pants, white pullover blouse and barefoot
- Left for warehouse, checked e-mails, built mortising machine, hooked up boat and left
- Drove to Berkley and launched boat went towards Brooks Island
- Short time trolling, water was shallow.
- Water choppy, started to rain, powered boat back to marina
- People watching him laughing when backing trailer down
- Started for home called Laci on her cell phone. No answer left message. Left message at home as well.
- Stopped for gas in Livermore. Drove back to warehouse, unhooked boat checked e-mails and went home. Got home around 16:30-16:45 hours.
- Went in back yard saw dog running with leash; took leash off dog went through unlocked French doors, emptied mop bucket.
- Started to wash his clothes, got some leftover pizza, milk, took shower.
- Checked answering machine messages, called Sharon Rocha, went to neighbors Amie Krigbaum, Karen Servas not home left note. Went back home called Sharon again.
Asked Scott to test hands for gun powder residue
Told him have to eliminate him as a suspect
Drove Scott home, didn’t notice any officers present at that time
2am received phone call from Scott wanting t know if took gun
Later that day received phone call from Scott asking if cadaver dogs are being used
100’s of tips coming in hotline daily if not more
December 30th incoming tip from Amber Fry
- Took phone and spoke to Amber fry
- Had Amber Fry tape phone conversations with Scott
February 18th second search warrant served for Peterson home
- Cell phones found
- Fishing license for 2002
Present at arrest of Scott
- Changed appearance
- Bought under the name of Jacqueline Peterson

6 Nov 2003 Preliminary Hearing Day Seven: CTV Cameras & Federal Grand Jury

Defense requested Judge Girolami's assistance to obtain discovery materials from both the FBI and the Federal Grand Jury in Fresno. Details

12 Nov 2003 Preliminary Hearing Day Eight: The Testimony

Witness: Bruce Budowle, FBI senior scientist

Bruce Budowle, a senior scientist from the FBI's laboratory in Quantico, Virginia, testified as a prosecution expert to validate the DNA testing used by Constance Fisher.

Witness: Allen Brocchini, MPD Testimony

Cross-examination of Detective Allen Brocchini resumed. <more details to come>

13 Nov 2003 Preliminary Hearing Day Nine: The Testimony

Witness: Allen Brocchini, MPD Testimony

Cross examination

Brocchini attempted to plant the seeds of suspicion in the minds of several of Scott's and Laci's friends, calling their attention to news stories about Amber and the $250K life insurance and asking them to ask Scott questions he couldn't ask him.
On February 5, Brocchini asked Terry Scott, FBI agent, to obtain a federal Grand Jury subpoena on some purchases Scott made at various hardware stores. A link to an attempt to get Scott fired from Trade Corp was suggested by McAllister. Brocchini maintained that he obtained Trade Corp records through consent from their corporate attorney to look at some expenditures Scott made. Trade Corp conducted an internal review and found nothing inappropriate with the expenditures.
PI Ermoian was conducting a counter-investigation and interviewing potential witnesses before the LE.
Asked Terry Scott, the FBI agent, to use a federal subpoena to obtain the records of the tip line setup by Scott and his mother.
He did not interview either the Mitchell's or the Maldonado's, either on their original call in to the tip line or after reading about their story in the ModBee. He did not instruct any other office to interview them.

Redirect examination

Identified the fishing licenses produced by Scott.
Reviewed the examination of the boat on the 24th and noted that Brocchini did not examine closely under the seats.
Revealed the sequence of events whereby Brocchini and Grogan became aware of the pliers with the hair on February 11. Brocchini had Detectives Grogan and Skultety take his original negatives from that film he used to photograph the boat on the night of the 24th out of evidence and had them developed into prints at the Camera Center, and those prints also show the pliers in the boat. Geragos disputed admitting these photos into evidence on grounds of untimely discovery and wanting his own expert to look at the photos.
Brocchini explained the reason he called a tip in to the Peterson tip line and the results. He said he suspected they may be receiving useful tips that implicated Scott and not turning them over to the police.
Detailed the surveillance on January 5, 6, and 9 when Scott went to the Berkeley marina.
Detailed the relationship Shawn Sibley had with Amber Frey, how Sibley came to know Scott and introduce Scott to Amber, Sibley's discovery that Scot was married, and his reaction.

Recross examination

Reviewed the policy of taking evidence into custody without the person's consent.
Reviewed the procedure Brocchini used to examine the hair on February 12.
Reviewed the fishing licenses Scott had that were booked into evidence: a 1994 annual license, and two-day licenses in 1999 (2), 2002, and 2003. Brocchini seemed confused about the latter license, which had the effective dates of December 23 and 24th, but with the year 2003 stamped--he thought it was a 2002 license until McAllister pointed out the 2003 stamp. It also had an ocean enhancement license.
Reviewed Brocchini's call to the Peterson hot line on February 20 to test whether the Petersons would turn the tip in to the police. Buehler also had the FBI subpoena the Peterson tip line records.
Reviewed the searches for evidence conducted in the Covena home on the night of December 24th, including the use of a light source to detect evidence.
Pointed out that Bruce Peterson required cash when Scott bought the boat.
Pointed out that on Jan. 5 when Scott went to the Marina, the ModBee had run an article on divers searching for Laci in the Bay. On Jan. 9, the third day Scott went to the Marina, the ModBee ran another story about divers searching the Bay. Scott also went to the San Luis Forebay on the 9th, which was also being searched that day.
Reviewed the media presence on January 6, the day Scott evaded the surveillance on his return from the Bay. Mentions Detective Grogan telling Scott the National Enquirer was following him.
Reviewed the discovery by Brocchini on Feb. 11 of the photo of the pliers with the hair. Brocchini first insisted that 2 hairs were found in the boat on the 24th, not a single hair. Then he insisted that it was a single hair attached to the pliers, but when the detective shook the pliers to knock the hair loose, the hair broke into 2 pieces. However, Brocchini could not produce any report or any confirmation from the DOJ that he or other detectives believed the single strand of hair broke into two pieces.

Witness: Karen Servas, Neighbor Testimony

Retraced the exact circumstances when she found McKenzie in the street on the morning of the 24th and put him in the Petersons backyard. Explained how she retraced her steps from her 10:34 a.m. purchase at Austins to determine the exact time.
Also mentioned that she left her house again at 5:05 the evening of the 24th, and Scott's pickup was not in the drive.

Witness Amie Krigbaum, Neighbor Testimony

Krigbaum was awakened the morning of the 24th about 10:30 (10:38?) a.m. by barking dogs. When she took her own dog outside, Laci's blinds were not opened and the neighborhood was very quiet.
Because of her work schedule, she often is not awake in the mornings, so she could not verify how frequently Laci actually opened her blinds. She indicated when they were open, it was only about 12 inches.
Also reported seeing the Christmas lights come on about 4:30-ish, but did not notice any interior lights and only Laci's car was in the drive.
She said Scott told her he had been golfing and had tried to call Laci all day.

Witness: Phil Owen, MPD Testimony

Questioned about his interview with Cheryl Smith, nurse practitioner in Laci's OB/GYN's office. Information on Laci's two due dates, the date of Laci's ultrasound, Laci's two complaints of shortness of breath in early November, and that no calls were received from or about Laci on either the 24th or 25th of December.
Questioned about the clothing Laci's body had on, notably the tan pants with a drawstring, zipper, button, and pin tuck, purchased from Motherhood Maternity. Also reported the 12-18" piece of tape attached to the groin area of the pants. Confirmed that either Laci or Scott had purchased this style and color of pants from Motherhood Maternity at the Modesto store.

14 Nov 2003 Preliminary Hearing Day Ten: The Testimony

Witness: Phil Owen, MPD

Testimony

Witness: Rodney Oswalt, Criminalist CA DOJ Testimony

Oswalt examined the hair found in the pliers.

Witness: William Hudlow, Sr. Criminalist CA DOJ Testimony

Hudlow prepared evidence items for delivery to the FBI.

14 Nov 2003 Preliminary Hearing Day Ten: Evidence Admissibility

Arguments on mtDNA Details

Evidence admitted; Stipulation of Facts Details

15 Nov 2003 Karen Servas reported an error in her testimony

Karen Servas called Kevin Bertalotto, Investigator for the DAs office, to report an error in her testimony. She said that on reflection she realized that she couldn't have left her house at 5:05 p.m. and seen the package in the mailbox because it wouldn't have been light enough. So, she checked her Daytimer and Microsoft Outlook and discovered that it must have been 4:05 when she left, as the party she was going to was scheduled for 4:00. She said Bertalotto said he would wait until after the Preliminary to take care of it, and then called her back sometime in December to do a supplemental report.

17 Nov 2003 Preliminary Hearing Day Eleven: The Testimony

Witness: Dr. Brian Peterson, Forensic Pathologist Testimony

Considerable detail about the autopsies of both Laci and Conner, click the link to go to the point in the timeline to read that detail.
Most of the sparring between the prosecution and the defense dealt with the tape around Conner's neck, Conner's gestational age, explanations for the difference in rate of decomposition for Conner and Laci, and explanation for animal feeding on Laci and not on Conner.
Dr. Peterson also testified to the results from Dr. Galloway's gestational age tests, using various bone measurements against 2 different standards. She estimated the age to be 33-40 weeks, after adjusting the 35-38 week results according to a US standard and her expertise and to allow for margin of error.

Witness: Henry Dodge Hendee, MPD Testimony

The prosecution exacted a lot of detail about how the hair from the pliers was handled to establish an unbroken chain. Also gleaned information about the cement on the trailer and the one-gallon pitcher used to make the cement anchor in Scott's boat.
Geragos concentrated on Hendee's failure to measure the hair, his description not quite matching what is in the photos, and his failure to include in a report about the single hair breaking into two fragments. Geragos asked if the photo didn't suggest a much shorter hair, one about 2 to 2 1/2 inches in length.
Brought out that Twist was put into the boat after first being brought to the Covena home, and that Twist shed hairs while in the boat, which Hendee noted. Only after Twist had been in the boat did Hendee find the pliers and the hair.
Geragos also asked if there was room in the warehouse for Scott to pull his pickup in and close the door, but Hendee said it was not possible to get it in between the boat and the roll-up doors.
Hendee had been into every room of the Covena home on the evening of the 26th and the morning of the 27th before going to the warehouse to conduct his search.
Hendee admitted that Contra Costa county notified him on April 14th that a full term male fetus had washed ashore on the 13th.

Witness: Kirk Stockham, MPD Testimony

Computer Forensic Investigator

Testified to finding information on Scott's hard drive of a visit to the US Geological Survey website with information about either wind currents or water currents (he did not know for sure which) in the San Francisco Bay on December 8, 2002.
Under cross, admitted that Scott also visited the Captain Hook Sportfishing website, and the pages he visited included information about sturgeon fishing in Suisun Bay. Stockham could not tell if the US Geological Survey was a link on the Captain Hook page, or in which sequence he visited them.

18 Nov 2003 Preliminary Hearing Day Twelve: The Testimony

Witness: Steven Jacobson, Stanislaus County DA office Testimony

Investigator major narcotics

Documented the phone calls between Amber and Scott that used certain cell phones. During the 93 day period from November 19, 2002 through February 19, 2003, Scott and Amber exchanged a total of 241 calls.
Provided detail about the cell phone calls Scott made on December 24, and which cell tower was used to transmit the call. Noted that the technology does not allow for an exact location for the caller, only the radius of each cell tower.
Provided detail about the numerous calls Scott made after he returned home to look for Laci, including a call to 911.
Questioned by Geragos about the surveillance camera setup on Covena by the DEA for the purpose of monitoring when Scott left home. He could not identify who requested the camera, when it was setup, or when it was taken down.

Witness: Jon Buehler, MPD Testimony

Detective

He took the receipt obtained by Karen Servas from Austin's on December 24, 2002 to Austin's to verify if it had the correct time. Austin's reported that they setup the time on the cash register used by calling time on the telephone to program it in.
He said Amber Frey learned of Scott through a friend in October and early November. Scott told Amber that he not only was not married, but had never been in a serious relationship before.
Detailed the one-on-one meeting between Scott and Amber on the 9th when he told her he was married but had "lost" his wife.
Detailed the December 14 Christmas party they attended as a couple and the pictures taken.
Detailed the January 6 phone call when Scott admitted to Amber that Laci was his wife. Transcript
Detailed the articles Scott had on his person and in his car at the time of the arrest.

Judge's Order for Trial, Arraignment set Details

"The Court has considered all of the evidence, and it appearing to me that the offenses in the within complaint have been committed, there is sufficient cause to believe the within named Scott Lee Peterson is guilty thereof. I order him to be held to answer to the same. Specifically, I find that there is sufficient evidence for the two counts of murder, that they were committed intentionally, deliberately and with premeditation, further, that as to Count One, the killing resulted in the termination of Laci Peterson's pregnancy, and, also, that, finally, there is sufficient evidence of this special allegation pursuant to Penal Code Section 190.2(a)(3) involving more than one murder."

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