Prosecution Witness #145: Matt Laolagi
Laolagi testified that Kim McGregor, whom he was dating at the time, spent the evening of Dec. 23rd with him having dinner at a local Modesto restaurant. McGregor went to his house about 6-7 pm and their dinner lasted about 2 hours. He drove them to and from the restaurant, and when they returned home, she didn't go inside with him, and he assumes she got into her car and left. Because Geragos has suggested McGregor's boyfriend and his friends may be implicated in Laci's disappearance, Laolagi brought along a letter from his HR manager showing that he was at work on Dec. 24.
On cross, Laolagi said he had only one contact with MPD during Jan-Feb 2003, and that was by phone; no one from MPD verified the letter from HR; and he did not see Kim McGregor on the 24th. Geragos closed his cross noting that further questions were to be part of a 402 hearing, and he reserved the privilege to recall Laolagi. However, Laolagi was not recalled.
Prosecution Witness #146: Peter van Wyck Loomis, Trimble Navigation
Testimony Pre-Trial 402 Hearing
Prosecution Witness #147: Hugh Roddis, Orion Electronics CTO
Testimony Pre-Trial 402 Hearing
Prosecution Witness #148: Detective Rudy Skultety, MPD
These three witnesses confirmed the integrity of the GPS tracking data that places Scott at the Berkeley Marina on several days during the investigation. Geragos did not challenge the integrity of the data, but rather spent a great deal of time showing tracking data that puts Scott at other reservoirs and bodies of water that were being searched for Laci. Skultety's testimony also brought out how many times Scott was in San Diego, or in the area, during January to early April, seemingly to undermine the Prosecution's claim that Scott was a flight risk when he was arrested in San Diego.
Prosecution Witness #148: Detective Rudy Skultety, MPD
Geragos also questioned Skultety about the cement that Scott had newly poured in the front of the driveway, and which Brocchini collected as evidence during the Dec 26-27 search warrant. No mention was made if the cement was tested.
Prosecution Witness #149: Pin Kyo, Criminalist CA DOJ Lab, Ripon Testimony
Kyo's responsibility is to examine items sent from LE agencies for trace evidence, collect the evidence and send to other members of the Lab for testing.
She testified to her observations of each item and the trace evidence found with each. All the presumptive blood tests were negative for Laci's blood. She examined the two mops and mop bucket, the blue tarp and boat cover, the bed comforter cover, a series of swabs taken of possible blood samples during searches, a toothbrush, Laci's black/blue hairbrush, a brown hairbrush, a Dirt Devil vacuum cleaner and dirt bag, some of Scott's and Laci's clothing, and the clothes Laci was wearing when her body was found.
Most notable was the condition of the dog leash, which from the picture appeared very clean and she did not report any mud or grass clippings or leaves, which Karen Servas reported were on the leash when she found McKenzie on the morning of the 24th.
239A: SPONGE MOP WITH HANDLE
239B: CLOSE UP OF SPONGE MOP
239C: STRING MOP WITH HANDLE
239D: BLUE BUCKET
239E: INSIDE BUCKET
EXHIBIT 240 A-E
240A: BLUE TARP
240B: BOAT COVER
240C: CLOSE UP OF BOAT COVER
240D: STERN END OF BOAT COVER (ENGINE)
240E: DEBRIS FROM BOAT COVER (CEMENT CHUNKS)
EXHIBIT 241: PLASTIC BAG W/ EVIDENCE ENVELOPE CONTAINING
CONCRETE DEBRIS
EXHIBIT 242: PHOTO DOG LEASH
EXHIBIT 243 A-F
243A: PHOTO DUVET COVER "SIDE B"(BUTTON SIDE
UP)
243B: PHOTO CLOSE UP REDDISH BROWN STAIN FROM DUVET
243C: CLOSE UP REDDISH BROWN STAIN
243D: CLOSE UP REDDISH BROWN STAIN (GREEN POST-IT)
243E: CUTTING OF DUVET COVER
243F: BACK VIEW OF EXH. 243E
244A: EVIDENCE ENVELOPES, 7 SMALL, 1 LARGE
244B: EVIDENCE ENVELOPES REPACKAGED AFTER TESTING
244C: (PIN KYO DID NOT TAKE THIS PHOTO)
EXHIBIT 245 A-E
245A: BLOOD VIALS - SCOTT PETERSON
245B: VIALS (CLOSEUP)
245C: VIALS (CLOSEUP)
245D: VIALS (CLOSEUP)
245E: TWO BLOOD SAVE CARDS
EXHIBIT 246 A-E
246A: VACUUM CLEANER OPEN WITH BAG
246B: VACUUM CLEANER WITHOUT BAG
246C: VACUUM BAG CUT OPEN
246D: SAME AS 246C
246E: DEBRIS SAMPLE FROM BAG.
EXHIBIT 247A: EVIDENCE BAG, ITEMS FROM PURSE, JACKET, BOOK,
PURSE
EXHIBIT 248 A-Q (sealed)
248A: FIVE EVIDENCE BOXES
248F: MATERNITY PANTS REMAINS
248G: BACK OF MATERNITY PANTS
248H: UNTANGLED PANTS REMAINS
248I: PANTS OPENED UP
248J: CLOSE UP OF INSIDE PANTS/ZIPPER
248K: CLOSE UP OF PANTS WITH ZIPPER
248L: PANTS BACK LEG
248M:CLOSEUP LEFT PANTS LEG
248N: CUTTING FROM RIGHT PANTS LEG WITH STRING.
248-O: CLOSE UP OF PANTS MASS
248P: UNTANGLED MASS WITH STRING
248Q: TOP OF PANTS GOING DOWN BACK
Prosecution Witness #149: Pin Kyo, Criminalist CA DOJ Lab, Ripon Testimony
Kyo concluded her testimony. Judging from the thread count, Kyo determined that the duct tape found on Laci's body was not from the same manufacturer as the duct tape found on the Target bag. She also noted that the bow and knot on the twine-like material around Conner's neck was very loose and easily undone. Underneath the bow, however, there was a hard, tight knot. She did not observe any smell on the Target bag or the tape, other than an "ocean smell." The boat cover was tested for biological stains, such as urine and feces, and there were none.
Geragos reinforced the totality of the presumptive tests for blood and other tests that were negative. He itemized clothing that was sent for testing that D. Harris did not mention, and those tests were negative, also. Geragos also clarified about the cardboard box in the pickup. Yesterday, Kyo testified that the box was outside the toolbox, but Geragos showed evidence pictures taken by LE that showed the cardboard box was not outside the toolbox, and suggested it had been taken out by LE before she examined the pickup.
The most startling point made was to see the actual "chunks" of cement that Kyo described yesterday, which were collected with the boat cover. Geragos presented to the Jury the actual cement "dust" that was collected on a small square of paper. He then presented the anchor that was in Scott's boat, the bag the anchor was stored in with some cement powder in the bottom of the bag, and asked her determine whether they were similar. She admitted they were similar.
Kyo testified that some short hairs found on the Target bag were never tested.
EXHIBIT 250 A-N (sealed)
250A: FRONT OF DUCT TAPE
250B: BACK OF DUCT TAPE
250C: BACK STICKY SIDE (CLOSE UP W/BARNACLES)
250D: CENTER STICKY SIDE (W/BARNACLES)
250E: CENTER RIGHT W/DUCT TAPE
250F: RIGHT END DUCT TAPE W/TISSUE
250G: SAME AS 250F, W/SCALE
250H: CLOSE UP OF 250F, TAPE TURNED OVER
250I: CLOSE UP OF 250F
250J: NONADHESIVE SIDE OF DUCT TAPE
250K: CENTER OF DUCT TAPE
250L: CENTER WITH BARNACLES
250M: CLOSE UP RIGHT END W/BARNACLES
250N: CLOSE UP OF LEFT END - DUCT TAPE
EXHIBIT 251 A-B
251A: PLASTIC TARGET BAG
251B: DUCT TAPE
EXHIBIT 252: PHOTO BLACK/TAN MATERNITY BLOUSE
EXHIBIT 253 A-I
253A: EVIDENCE ENVELOPE W/PLASTIC BAG
CONTAINING TWINE LIKE MATERIAL.
253B: BACK SIDE OF PACKAGE
253C: CLOSE UP OF MATERIAL IN PLASTIC BAG
253D: TWINE LIKE MATERIAL REMOVED FROM BAG
253E: CLOSE UP OF LOOSE KNOT END
253F: TWINE MATERIAL STRETCHED OUT - 6" WIDE
253G: LEFT END OF MATERIAL AFTER LOOSE KNOT OPENED UP
253H: MIDDLE SECTION OF MATERIAL
253I: TIGHT KNOT WITH BUGS
EXHIBIT 254 A-E: PHOTOS OF DEBRIS PROVIDED BY EAST BAY PARK
DISTRICT:
254A: EVIDENCE BAG CONTAINING WHITE PAPER WRAPPED AROUND PLASTIC DEBRIS
MATERIAL.
254B: DEBRIS FROM BAG - PLASTIC TWINE LIKE MATERIAL
254C: CLOSE UP OF MATERIAL WITH SCALE
254D: DEBRIS SEPARATED
254E: CLOSEUP OF PLASTIC DEBRIS
EXHIBIT 255: THREE PHOTOS CONTENTS OF TOOL BOX (ANALYSIS BY PIN KYO)
D6L-1: PLACARD 3 - TABLE WITH KNIFE, PENS, PRINTER, NOTE PADS
D6L-2: PLACARD 12 - PAIR OF BROWN BOOTS
D6L-3: PLACARD 13 - PAIR OF TENNIS SHOES
D6L-4: PLACARD 25-26- BATHROOM, WITH DRAWER AND DOOR OPEN
D6L-5: PLACARD 41 - FOLDED BLUE TARP ON TABLE, BACK PACK
D6L-6: PLACARD 43 - FOLDED BOAT COVER
D6L-7: PLACARD 43 - OPEN BOAT COVER HANGING ON FENCE
D6L-8: PLACARD 46 - LEVI JEANS ON WASHING MACHINE
D6L-9: PLACARD 48 - DOG LEASH, ETC.
D6L-10: PLACARD 52 - DUVET COVER, PLACARD 51 - BLUE LEVIS
D6M: FOUR PHOTOS OF FOLDING KNIFE (ANALYSIS BY PIN KYO)
D6M-1: DIAGRAM OF BOAT COVER
D6M-3: TWO PHOTOS OF TENNIS SHOES
D6M-4: THREE PHOTOS OF GREEN TOOL BOX
D6M-6: PHOTO BROWN BOX IN BACK OF PICK UP TRUCK
D6M-11: TWO PHOTOS INSIDE BOAT WITH STAINS
D6M-12A: THREE PHOTOS REAR OF TRUCK W/STAINS
D6M-12B: TWO PHOTOS REAR OF TRUCK AND TOP VIEW FROM REAR OF TRUCK.
D6M-12C: TWO PHOTOS REAR OF TRUCK/TAILGATE AND REAR OF TRUCK WITH EXPENDED
SHOTSHELL AND TRUCK HITCH
D6M-13: BED OF TRUCK WITH CLAW/HOE TOOL AND CHICKEN WIRE.
Prosecution Witness #150: William H. Hudlow, Sr. Criminalist Testimony
Hudlow performed the DNA tests on the blood sample taken from the inside door pocket of the Pickup. He tested it for both Scott's and Laci's DNA, and the tests proved it was Scott's, with a statistical probability of another match in the general population of 1 in 20 trillion, and among all other Caucasians of 1 in 80 billion. He testified that the tan substance described as decomposing tissue had too low a level of DNA to get a profile. He also said that the trace evidence attached to the grass that was attached to the hair found in the pliers didn't have any DNA, and he couldn't identify what the substance was.
Prosecution Witness #151: Galen Nickey, Latent Print Analyst
Nickey was assigned to test the duct tape found on Laci's body for latent finger prints. No prints were found.
Prosecution Witness #152: Dr. Esther J. Tow-Der, Gynecologist Testimony
Tow-Der is the gynecologist that saw Laci at her Dec. 23 routine pre-natal appointment. Tow-Der testified that Conner was in the head-down position, but she couldn't tell whether he was face forward or backward. He was a viable baby. Geragos noted that Laci did not complain about problems with shortness of breath when walking, as she had in previous appointments.
Prosecution Witness #153: Richard Atkinson, Target Products Ltd Testimony
Atkinson represented the Target company and provided information about the Target bag found near Laci's body. His company produces cement or cement by-products and ship 55 lb. bags on pallets. The bag is a 6 mil, 4'x4'x4' bag that fits around the pallets. He said a large customer for Target's grout was the construction company working on the San Rafael bridge, and that this type of bag usually makes its way into the garbage. He also explained that duct tape is used to bind together the product bags when the stretch pallet bags have to be removed for transport purposes.
Geragos countered with information that Target products were sold through its distributor Spec-West to jobs in Tracy, according to 5 invoices. Atkinson said his company knows the number of bags purchased from Bull Dog, their supplier, but not which shipments the bags are used on.
Prosecution Witness #154: Robert C. O’Neill, Petrographer Testimony
O'Neill analyzed and compared the concrete in several evidence items sent to him by the MPD: the boat anchor, the plastic pitcher, gray powder from the shop vac, the debris vacuumed from the boat, the debris in the blue and red drums, debris in Scott's pickup, a pebble vacuumed from Scott's living room/dining room, debris from the boat cover, debris from the tarp, and debris from Scott's yard. From visual examination alone, he could determine that the anchor was not made in the plastic pitcher, but was made in the plastic paint-mix pail Grogan purchased at Home Depot. His tests concluded that the concrete in all of the items tested were consistent except for the debris in the blue and red drums and the debris from the yard. Specifically, the debris from the yard (driveway) had 3/4 inch particles in it, compared to the pea gravel in the other samples.
Geragos wanted O'Neill to agree that gravel already present when Scott poured the concrete at the head of the driveway, where the trash can was, accounted for the difference in composition of the concrete -- in all other aspects it was the same as the other samples. The witness disagreed, saying that the sample he examined was "mixed" in the concrete, and pouring concrete over gravel would not, in his opinion, produce that effect. O'Neill also said that concrete with that size of particles only came from redi-mix delivered on trucks. Geragos asked if he was familiar with a product Quickrete available at Home Depot and which has the 3/4 inch particles, and that it is used for fence posts. Scott had used cement to anchor a fence post in the same area where the concrete debris was taken from by Brocchini.
Geragos' cross of O'Neill was interrupted by a 402 hearing on the pictures that Geragos attempted to admit into evidence.
JUDGE: You won't be out there too long. This shouldn't take very long. All right. Let the record show that the witness has filed out of the courtroom, and the jury's been excused. What's the problem with the pictures?
HARRIS: My understanding is the defense investigator went out and took these photographs last night of this area that we've been talking about. And we've been informed that the next-door neighbors have put in a pool and the driveway was used to pour concrete for the pool from the Peterson's driveway to this neighbor's backyard. So,
JUDGE: You think that the area has been contaminated?
HARRIS: Well, we know that the fence was taken down, so clearly it's been altered. And this witness has never been there, so he can't establish a foundation for that.
JUDGE: What about that, Mr. Geragos?
GERAGOS: I don't believe that that's the location from which the pool was done. And I don't believe that this fence at that location is the fence that they're talking about that was taken down.
JUDGE: Well, I wasn't there either. How am I supposed to figure it out? You say it is, you say it isn't. How are we going to break the tie?
GERAGOS: I've got pictures of the way it is. They put this guy on for what can best be put, most charitably be put, kind of a stretch of a interpretation. I think I've got the right to show him the pictures and ask him If you saw this, doesn't this give you some pause.
JUDGE: Okay. The problem is these were photographs taken last night. That other sample was presented to him back in 2003.
GERAGOS: Right.
JUDGE: Right?
GERAGOS: That's correct.
JUDGE: So it seems to me that there would be an issue as to, you know, trucks driving over that area, All kinds of reasons why the area might be different.
GERAGOS: Well, if I'm not given these reports until April of this year, after we start trial, how am I supposed to know at the time that I've got to do that?
JUDGE: Well, that's a good question, but that's not before me now. My,
GERAGOS: No, that's is before you.
JUDGE: No, it's not. The question before me now is the propriety of those photographs. And they were taken last night. The yard could have been altered between now and then. That's the same as taking somebody out to view a scene where trees have grown or trees have been cut down. It's different. And you want him to testify as to the condition of the concrete,GERAGOS: No, I want him to testify as to the gravel.
JUDGE: The gravel. But that's, it's a year too late. So I'm under 352 I'm going to rule that it's inadequate and that the prejudicial value outweighs any probative value. It's too late. Okay. Bring the jury back in.
GERAGOS: Then I'm going to ask that you wait, that they bring Skultety, you defer part of the cross, because I'll bring Skultety back in and,
JUDGE: That's fine.
GERAGOS: I'll ask Skultety if he found it the same way.
JUDGE: That's fine. We'll just tell him to come back.
HARRIS: Well, we would object to that.
GERAGOS: I'm having Skultety come back anyway, so what difference does it make?
HARRIS: That would be part of his,
JUDGE: Except that you can't call him out of order. If you want to bring him,
GERAGOS: I said that's fine. I'll call him back as my own witness.
JUDGE: Okay. You can do that.
GERAGOS: They know it's the same condition.
JUDGE: Well, that's, if they thought it was the same condition, they wouldn't be arguing about it.
GERAGOS: No, they just know, they know why they don't want it in. It has nothing to do,
JUDGE: Well, I know why they wouldn't want it in, but that doesn't change the situation as to when those photographs were taken, and the representation is that it's been changed. Could have been contaminated by other items.
Prosecution Witness #155: Dr. Brian Peterson, Forensic Pathologist Testimony Prelim Testimony
Peterson conducted the autopsy on Laci and Conner, and began his testimony today on Laci's autopsy. Several autopsy pictures were shown, making it very difficult for most to endure the testimony. Peterson described the condition of the body, notably the parts that were missing: the head, neck, forearms, left lower leg, all organs except the uterus, and the skin and soft tissue above the navel. The uterus was still expanded from the pregnancy, measuring roughly 10 inches, but it was very thin and the top part was open, allowing Conner to exit, and was empty--no placenta or umbilical cord. The birth canal was closed. Laci had some fractured ribs. He said there were no indications of tool marks and no indication of a c-section performed.
He also described the clothing she was wearing and its condition, as well as the presence of mineralization and barnacles.
Prosecution Witness #155: Dr. Brian Peterson, Forensic Pathologist
Prosecution Witness #156: Dr. Alison Galloway, Professor University of California at Santa Cruz Testimony