Prosecution Witness #120: Officer Eric Beffa, MPD
Prosecution Witness #121: Detective Paul Mears, San Joaquin County Sheriff's Deputy
These two witnesses provided information about the follow-up on the Tracy tip that was sent to the tip line via the California Highway Patrol. The tip said a pregnant woman resembling Laci was being kept hostage at a rural setting near Tracy, with 2 white houses and an old abandoned pickup. Beffa first went to find the houses, but could not. He enlisted the aid of Mears, San Joaquin Sheriff's Dept, who was familiar with the area. They were not able to find the location described in the tip, but Mears continued to follow-up in all the rural areas he was familiar with, which led him to the compound, a flop house for drug users. Mears called in the helicopter with heat sensor devices, and heat was detected in some of the buildings, but Mears was advised by his supervisor not to go into the compound.
Prosecution Witness #122: Terri Western, Friend
Western last saw Laci on Dec 14, at the Christmas party. Laci said Scott had to go to SFO because his boss flew in and he had to meet with him. Laci said she felt tired and her feet were swollen. Western chided her, "Duh, you're in high heels." Western said Laci always liked to dress well.
On Jan 14 when Western went to the Volunteer Center early that morning, she saw that Scott was visibly upset as he was answering emails. She asked what the problem was, and he said he wanted to talk to her about selling the house, because he couldn't have Laci come back there. She replied that it was not the time to be doing that. On cross, Geragos noted that Lee and Jackie Peterson each donated $15K as a gift to help Scott and Laci pay the down payment on the house when they purchased it. Western was the realtor they bought the house through.
Western is the person who arranged with the Red Lion to open the volunteer center there on December 26, and she is the person who decided to close it because of the article about Amber.
On cross, Geragos brought out that she was interviewed by Jon Buehler on Dec 28, and he asked Western to call him if she saw any disloyalty in the family.
Prosecution Witness #123: Roger Content, Auto Sales
Content handled the deal when Scott traded in the Land Rover for a used Dodge Dakota pickup. Scott received $7500 on the Rover, which had 75,000 miles compared to the Dakota's 35,000 miles. The net sales price less the trade-in value was $11,000. Content came armed with the paperwork for the sale, but not the document that contains the analysis of the Rover's condition, which he said was still in his files.
Prosecution Witness #124: Sarah Yoshida, Sr. Criminalist CA DOJ
Yoshida was tasked with examining the needle nose pliers found in the boat and a pair of wire cutters to determine if they were used to cut some chicken wire Scott had. The tests were negative. Yoshida testified that the pliers had not been used since the rust started to form, because there were no clean marks, which occurs when the rust is wiped away by the cutting. Yoshida said she swabbed both tools, usually done to detect blood and other trace evidence, but the swabs were never tested and are still at her Lab.
Yoshida's second task was to do a chemical analysis on two items of plastic material brought in. Her tests concluded they were polyethylene, or similar product, which Geragos brought out is frequently used as shrink-wrap. He noted the Target plastic found near Laci's body was a shrink-wrap for pallets.
Prosecution Witness #125: Geoffrey Baehr, Head Diver, Marina search & rescue team
Baehr was captain of one of the boats with the side scan sonar that conducted 15-17 searches of the Bay in late December, January, February, March, April, and May. His boat conducted searches in the areas of the pier pilings in the Berkeley Marina, from Brooks Island to Point Isabel (had to discontinue that search because not enough water depth), the Richmond shipping channel, and the Southamptoan Shoal. Baehr described the difficulties they face with the black water, wind, waves, currents, and surge. He also described the process of searching a grid.
Geragos contrasted the side scan sonar with the Hydroid system that was used later, and which Geragos said literally mapped the Bay floor of the high probability area, finding very small items. Baehr said an 5.8 foot item showed only as an 1/4 inch object on the screen of the side sonar computer, so it could never "see" such small items.
Baehr would not state that nothing of evidentiary value was found because he said he was not the one who determined evidentiary value.
Prosecution Witness #126: Kevin Bertalotto, DA's Office
Bertalotto testified about the various waterways in the Modesto area with boat launch ramps where Scott could have gone fishing on Dec. 24. He was asked to identify the distance for about a dozen places, all much shorter than the 90 mile jaunt to Berkeley Marina. Bertalotto will return on Thursday because Geragos didn't have the materials he needed for the cross examination.
Prosecution Witness #127: Mark Purdom, Property Manager
Purdom's property management company leased the space on North Emerald to Trade Corps, with a lease that expired Oct 31, '03. Distaso entered into evidence the Jan. 13, '03 letter Scott sent to request early termination of the lease. Purdom didn't grant that request. An early Mar 31, '03 termination was worked out with Trade Corps via some local attorneys. Geragos noted Scott paid the rent on the space for March and April with his own personal funds, and that Trade Corps, as early as Oct '02, had sought a lease with American Warehouse in Fresno, indicating a corporate decision to relocate the headquarters.
Prosecution Witness #128: Karen Korsberg, FBI Laboratory Trace Evidence Unit
Prosecution Witness #129: Kimberly Reubush, FBI Laboratory Trace Evidence Unit
Korsburg did the trace evidence analysis on the two hairs MPD says were found in the pliers in Scott's boat. The longer of the two hairs was labeled Q1. She compared this hair with Scott's head hair and hair from Laci's black-blue hairbrush: Scott was excluded, and the hair from the brush was consistent with Q1. Geragos asked what-if questions to suggest that we have no guarantee that the hair from that brush was Laci's. He also referred to the pubic hair found on the tape attached to Laci's remains, which was not tested to see if it was Laci's.
Reubush simply confirmed the integrity of Korsborg's tests.
Prosecution Witness #130: Constance Fisher, FBI Laboratory DNA 2 Unit
Fisher performed the mtDNA tests on a 2 cm portion of the longer hair from the pliers, now designated Q1.1. She explained the basics of DNA and the differences between nuclear and mtDNA. She also explained the test process and the measures they take to eliminate contamination. The mtDNA tests were completed by comparing the base sequences for Q1.1 to a blood sample from Scott and a cheek swab from Sharon Rocha. Her opinion is that Scott is excluded, and that Laci cannot be excluded. Fisher then put the sequence through the database used by the FBI, which gave a 1 in 112 rate of occurrence among Caucasians.
Geragos didn't challenge the integrity of the tests, but did repeatedly remind the Jury through his questioning that the tests do not prove the hair was Laci's, she just couldn't be excluded. He also suggested it would have been good for MPD to have the pubic hair found on the tape on Laci's body tested. Finally, he noted with emphasis on the rigorous practices followed by the FBI lab when handling hair, practices that were obviously not followed in the evidence room at MPD.
Prosecution Witness #131: Nils Myers, eBay investigation team
Myers provided information about Scott's account with eBay, particularly the items he listed for sale. D. Harris pointed out the two times Scott offered the diamond bezel croton watch for sale, the last time receiving a high bid of $100. Geragos noted on cross that the transaction didn't conclude in a sale, and in fact the bidder purchased another watch on eBay. Geragos listed a number of watches Scott offered for sale, the Mickey Mouse watch being the only one that sold. Myers explained that the double listing for the croton watch was simply Scott extending the auction. The first period was from Dec 1-8, and the second period from Dec 8-15. Geragos also emphasized that the pictures placed with the product description are furnished by the seller, indicating that Scott and Laci had pictures of the croton watch.
Prosecution Witness #132: Christopher Van Sandt, Bicyclist
Van Sandt was riding his bike in Dry Creek park, near the foot bridge at Coffee and near Scenic hospital, and saw a pregnant woman walking a dog. When a friend told him about the missing pregnant woman. Van Sandt called the MPD Christmas morning and eventually spoke with Brocchini. Later that evening, he saw a picture of Laci and knew it wasn't her he saw, and called Brocchini to report that it wasn't Laci.
Geragos inquired about Brocchini's reaction to VanSandt's tip. Brocchini wrote in his reports and told the ModBee that he didn't show VanSandt a picture of Laci because VanSandt said he didn't see her face. VanSandt called the ModBee and said he did see the woman's face, that's how he knew it wasn't Laci. Brocchini also said VanSandt was in Monterey when he called him, when in fact he was in Manteca. VanSandt characterized Brocchini's response to his first call as a brush off.
Prosecution Witness #133: Martin Dempewolf
Dempewolf's wife was 9 months pregnant on Dec. 24, '02, and she was walking her dog, a chocolate Lab, in the Dry Creek Park that day. He said she left between 9;15 and 9:30, and the walk took about 45-60 minutes. She walked through the subdivisions to La Loma, entered the park, walked through the park to the paved path, continued on Edgebrooke to Covena, down Covena to Encina and then home. Geragos reviewed the statements he gave to Bertalotto in Jan '04, indicating he couldn't specify the time she took the walk. And, in response to Geragos' last question, he replied: My wife has a good memory, I don't.
Prosecution Witness #134: Jordan Visola-Prescott, Pregnant Neighborhood Walker
Prosecution Witness #135: Elizabeth Guptill, Pregnant neighborhood walker
Prosecution Witness #136: Jill Lear, Pregnant Neighborhood walker
These three women were all pregnant on Dec 24, '02, lived in the La Loma neighborhood, and regularly took walks. Brescott could not say with certainty she walked the morning of the 24th, and the other two were certain they did not walk that morning. When Brescott did walk, she pulled her daughter along in a red wagon, and her dog is a lab mix. When Guptill walked, she often was pushing her son in a jogging stroller, and she didn't have a dog. Lear's dog was a Australian Shepherd, and she usually walked in the afternoons. Brescott was 2 1/2 months pregnant with twins, Guptill was 5 months pregnant, and Lear was 6 1/2 months pregnant on December 24, 2002.
Prosecution Witness #126: Investigator Kevin Bertalotto
Bertalotto returned for his cross examination. Through his questions, P. Harris emphasized that Scott prefers sea water fishing to fresh water fishing, and the Bay is the closest sea water fishing to Modesto. He also brought up that the fresh water lakes are much deeper than the Bay where Scott went fishing (600 feet for Don Pedros) and more remote/rural, lacking the boat berths and 4-5 mile bike/jogging paths, suggesting they would have been better places to dump a body. Bertalotto answered that the boat launch ramps for these lakes can be quite backed up, and he has been to the Berkeley Marina when it was quite deserted. He admitted, however, that it was unlikely the lakes were very busy on Christmas Eve. Harris tried to get into a discussion on Ron Grantski's fishing trip on Dec. 24, but Judge Delucchi sustained the objection.
Prosecution Witness #137: Kim Westphal, Covena Walker
Westphal routinely walks a route that takes her from Edgebrooke down Covena to Encina, right past the Peterson home. She testified that she did take her walk on Dec 24 '02 and arrived at Covena about 10:50 am, and she did not see anything out of the ordinary. Westphal's testimony, however, didn't agree with what she told officers going door-to-door on the night of Dec. 24. She told them she couldn't be sure she walked down Covena that morning. Her testimony seemed to contradict what she told her neighbor and her mother about her activities on the morning of the 24th. Westphal walked with another woman, Dana Evans, who has not yet been called to testify.
Prosecution Witness #138: Patricia Mewhinney, Park Walker
Mewhinney testified that she walked her dog in the Park the morning of Dec. 24, from the tennis courts to the golf course and then back again. She said it was cold and damp that morning, and she wore a winter coat. She didn't see anything out of the ordinary in the park that day. She has long blond hair, and her dog is a black, part Lab and part German Shepherd. She arrived at home after her walk by 9:30
Prosecution Witness #139: Brian Lee
Lee said he ran his usual run along the park's bike trail on the morning of Dec. 24, leaving his home at 10:00 am. He said he would have arrived at the Covena trail about 15 minutes later. The weather was cold, so he wore sweats instead of shorts, and he didn't see anyone on the bike trail. Geragos pointed out that his testimony disagreed with the information he gave when interviewed last summer. Then he told police he took his run sometime before noon, sometime between 10 and 11:30. He runs with a chocolate Lab.
Prosecution Witness #140: Joan Lee (wife of previous witness)
Dec 24 '02 Lee was 4-4.5 months pregnant. She walked with her husband and their dog in the evenings, and their walk took them past Vivian Mitchell's home. She was certain they walked on the evening of the 24th, but probably didn't from the 17th to the 14th. She was interviewed by Det. Grogan in June '03, and she told him she couldn't be certain how often she walked in December.
Prosecution Witness #141: Dianne Heaston Merenda, Park Walker
Blonde, with a golden retriever, she lived in the La Loma neighborhood. She would walk early morning, about 7 a.m., go down the Covena path into the park, walk to the pump house and back and exit the park using the paved Edgebrook path. The walk usually took her 20-30 minutes. She was certain she did not walk on the 24th, and she could not be sure how often she walked around that time frame. She was not pregnant on Dec. 24.
Prosecution Witness #142: Melba Martinez
Lives in La Loma neighborhood and has 2 golden retrievers. Her walk route included Covena from Edgebrook to Encina. Her usual walk time is 6:30-7:00 am, but she sometimes goes later and sometimes walks in the evenings. She walks only one dog at a time. She couldn't recall walking either the 23rd or the 24th.
Prosecution Witness #143: Amy Neumann, pregnant woman
Lives on Buena Vista. Did not walk on Dec. 24. Introduced to Laci when Laci was involved with making a traffic study video for the Encina Street project, which is separate from the Thousand Oaks Park and Trail project Laci was also involved in. Her dog is a poodle. She was pregnant at the time and under doctor's orders to rest with her feet up in the afternoons, and she would lay on the couch and watch the activity in front of her house. Her dog would bark when other people or dogs went by. She was not at home on Dec. 24 from 10 am to 1 pm.
Prosecution Witness #144: Lee Peterson
Peterson was questioned about the frequency of his communication with Scott prior to Dec. 24, and his conversation with Scott on the 24th, during which Scott did not tell him he was fishing or had bought a boat. He was also asked what weapons were taken along during the previous pheasant hunting trip, and he said he didn't recall seeing Scott with a handgun during that trip. Peterson said they gave Scott $30K for the Del Rio membership, that Scott's mother made the arrangements and he found out about it later. Prior to Dec. 24, the last time he had gone fishing with Scott was that summer, in July or August. Peterson said Scott is the fisherman, whereas he is primarily a golfer.
Under cross, Peterson described Scott's early interest in fishing over golfing, and that when he went to the golf course, Jackie, Scott's mother, would take him and other boys to fish. Scott also went ocean fishing a lot with others his age when he got older. Peterson told of coming to visit Scott one time and seeing a boat and 2 motorcycles that he didn't know Scott had purchased. Scott paid his own way through college. Peterson described the trip to Carmel, and the walk he, Jackie, Scott, and Laci took from the hotel to the beach, a route that included a steep incline and had them all puffing, but they all made it to the top, including Laci. He said Jackie and Laci did a lot of shopping that trip, and made several purchases.