Prosecution Witness #75: Henry Dodge Hendee, MPD Detective Testimony
Hendee concluded his testimony today. We learned that he found out last October/November during the Preliminary Hearing, that the LE expert said the anchor was not made in that pitcher. In an effort to show that Hendee's actions were reasonable, D. Harris asked again about that perfect fit, didn't it still look like the anchor perfectly fit in the pitcher? Yes. Was there any other container that the anchor would have been made in? No. So, it was reasonable for Hendee to conclude that the anchor was made in that pitcher.
I have no problem with Hendee believing the anchor was made in the pitcher, and therefore there really were circular void spots in the powder. I applaud him for doing such an excellent job with the Bay search those 23 days. I don't even mind that he didn't volunteer the information about the anchor not being a perfect fit when he was under direct examination. He was not asked.
I do object to such a critical piece of evidence not being sent in for testing for 10 months. I do object to the anchor fitting into the pitcher presented as fact by the Prosecution in this trial, months after learning that the anchor was not made in that pitcher. I do object to the ADA attempting, even today, to hang onto this fictitious evidence.
Geragos spent considerable effort trying to get Hendee to say, unequivocally, that Brocchini knew about the hair in the pliers on Dec 27, when Hendee first collected them for evidence. He tried to use the number system for the photos to prove one was taken before the other. Both Hendee and Ducot affirmed that the numbering system on the photos was arbitrary and had no meaning. Ducot said the negatives were numbered in sequence, but the negatives have not been admitted as evidence and Geragos suggested they have been lost. The best Hendee could do was to state that he thought Brocchini did know about the hair on the 27th and was surprised to learn on February 12 that he was just finding out about it, and thus concluded that Brocchini had already vacated the search on the 27th before the pliers and hair were found.
Hendee also informed us that on the search warrant executed on Feb. 18, Amy was tasked with the responsibility to identify the clothes she thought Laci was wearing on Dec. 23, or confirm that they were not in the house. Amy did identify the blouse, the scarf, the shoes, and even the pants, a pair of GAP tan/cream colored maternity pants.
Before exiting the witness stand, Hendee confirmed the absolute absence of any forensic evidence in the house, truck, warehouse, and boat (with the exception of the hair). Here again, I can find no fault in anyone for testing anything and everything that might be blood, tissue, fibers, or fluid -- that's the right thing to do. I do, however, fault the Prosecution for continuing to state that such evidence exists. For example, just today Mr. Harris asked if the FBI used a special spray to detect blood, which causes blood to glow, and then asked if it did glow. It's wholly irrelevant if it glowed -- the samples were taken and sent to the labs for tests, and those tests came back negative. It's time to give it up, Mr. Harris, time to admit you have no physical evidence. You have no witnesses and you have no physical evidence. Just maybe you have the wrong defendant.
Prosecution Witness #76: Denise Ducot, MPD ID technician
Direct Examination: Dave Harris
Cross Examination: Mark Geragos
Prosecution Witness #71: Ray Coyle, MPD Detective
Direct Examination: Rick Distaso
Cross Examination: Mark Geragos
Detective Coyle added even more gloom to this investigation. We had been led to believe that almost 100% of all parolees and registered sex offenders had been investigated and eliminated as suspects. Coyle explained that his "completed" status did not mean the person had been eliminated as a possible suspect. I really could not quite understand what Coyle meant by completed, except to say that some contact and attempt to verify alibi had been made. For some, the alibi proved to be false. One sex offender even claimed to be Laci's murderer. It was pretty clear to me that this was merely a "just to say we did it" exercise, and did not represent a sincere attempt to determine if another viable suspect existed. If I were living in Modesto, I would be installing some extra locks on my windows and doors.
Prosecution Witness #71: Ray Coyle, MPD Detective
Direct Examination: Rick Distaso
Cross Examination: Mark Geragos
Geragos continued today with another long list of registered sex offenders and parolees who were "completed," but whose unverified alibis or unknown whereabouts made me wonder why we even have a registration requirement. What good does it do if no one follows through if the sex offenders aren't properly registered?
Prosecution Witness #77: Darren Ruskamp, MPD Detective
We did find out today that Laci gave Scott a table saw for Christmas -- it's the large package under the tree. And that it was the package that Kim McGregor opened up the night she broke into the Covena home. The saw, still in its unopened box, made its way to the storage shed on Woodland. For some reason, D. Harris made repeated note of how many things in the nursery, the toys and other items, that still had price tags on them.
Ruskamp testified to the changed condition of the nursery at the time of the Feb. 18th search. 3 black office-type chairs were in there, with bedding piled on the rocker and the chairs. He said the chairs came from the warehouse. He also noted that the couch from the warehouse was in the 2nd bedroom, and a futon was in the master bedroom. Scott had also placed the mattress and box spring from the 2nd bedroom in front of the dining room window that faces the street.
To counter the mattress and box spring, Geragos suggested they were put there to keep a nosy media from looking into the house. He showed a picture of the media presence during the search itself. The items from the warehouse were there because Scott had shut down the warehouse and had to move the items somewhere. The larger items obviously would not fit in the storage unit on Woodland.
Much of Geragos' time with Ruskamp was spent discussing the camouflage jacket and how it was moved around during the search of the boat. He has made an issue of this with previous witnesses, but it is impossible at this point to know what he is leading up to.
Geragos also tried to get into the affidavits Ruskamp filed to get search warrants, but Harris objected that it was beyond the scope of direct and the Judge sustained.
Prosecution Witness #78: Richard House, MPD Detective
House is the detective who processed the vehicles. He talked mostly about the Land Rover, and the suspicious stains in it, which, of course, were negative for forensic value. He also testified about the Philips Electric receipt which showed a purchase on Dec. 23, indicating that Laci went to yet another store on that day.
The most titillating news to come out of today's session is the letter Amber sent to Scott at the Mailboxes Etc mailbox, the private mailbox Scott rented on December 23. LE found out about this mailbox during the Dec 27th search. House spoke with Laura Rogers and asked her to notify LE if any mail came to that box. He was called on Jan 9, as a letter had come in with Amber Frey's return address. The contents of the letter were not revealed during direct, and Geragos has not yet concluded his cross.
Geragos successfully discredited another effort to prejudice the jury against Scott. Previously, we were given the image of Scott's wedding photo album carelessly tossed into a wastebasket. Today we saw that wastebasket. The whole truth of the matter, though, is that the wastebasket contained not only the photo album but loose papers and documents from the warehouse, and was stored in the Woodland storage shed with many other items from the warehouse. Geragos asked House if it looked like they were in storage, and House said yes. Did it look like Scott was going to destroy them? House said no. Then Geragos pulled his punch, but that is what they (meaning the Prosecution) want us to think.
I wonder how many times the Prosecution can offer "evidence" to this jury only to have it proven to be an illusion, a mirage, with no substance whatsoever, before this jury simply stops listening.
Prosecution Witness #78: Richard House, MPD Detective
Prosecution Witness #79: Mike Hermosa, MPD Detective
Prosecution Witness #80: James Richard Eichbaum, MPD Detective
Direct Examination: Dave Harris
Cross Examination: Mark Geragos
Eichbaum participated in the February 18-19 2003 search warrant at 523 Covena, assigned to search the Nursery and the 2nd bedroom. He also participated in the Bay searches in October 2003.
Prosecution Witness #81: David Lee Hawn, MPD Officer
Prosecution Witness #82: Veronica Holmes, MPD
Prosecution Witness #83: George Frederic Hrusa, CA DOJ Crime Lab
Prosecution Witness #84: John Nelson, Contra Costa County Sheriff's Dept Criminalist
Prosecution Witness #85: Sandra Jagoda, Contra Costa County Coroner's Ofice
Prosecution Witness #86: Gary Alan Sims, CA DOJ
Prosecution Witness #87: Angelynn R. Moore, CA DOJ Criminalist
Moore performed the DNA tests that identified Laci and Conner. Moore provided a short presentation on how DNA works, and then discussed the specific results of her tests for Baby Doe and Jane Doe. For Baby Doe, she was given the left femur (DNA 1) and some muscle tissue (DNA 2), and from Jane Doe some muscle tissue (DNA 3) and the right tibia (DNA 4). The tests she runs provide a total of 14 points for comparison, however she was only able to come up with 9 points of comparison for each.
EXHIBIT 161 - DNA POWERPOINT PRESENTATION
Prosecution Witness #87: Angelynn R. Moore, CA DOJ Criminalist Testimony
To determine the identity of Jane Doe, she analyzed cheek swabs from Dennis Rocha (DR 2) and Sharon Rocha (SR 2), which each produced 14 points. For Laci's DNA, she had 8 hairs collected from a hair brush (26 A-1), and a pap smear (Item No. 1). She wasn't able to extract DNA from the hairs because they didn't have roots, and the pap smear was never used. For Baby Doe's identity, she also analyzed a blood stain card from Scott (18-A). Jane Doe's DNA was consistent with being the daughter of Dennis and Sharon Rocha, statistically a one point nine billion times more likely to get this profile from these two parents than from a couple that you would pick out of the general population. Baby Doe's DNA was consistent with being the biological child of Scott and Laci, statistically 18 billion times more likely to get that profile from those two parents than from a couple out of the general population.
Mark Geragos said he offered to stipulate the the bodies were Laci and Conner, and so he had no questions for this witness.
162-E: EVIDENCE ENVELOPE CONTAINING DNA
SAMPLES.
162-F: EVIDENCE ENVELOPES CONTAINING SWAB/HAIR SAMPLES.
162-G: EVIDENCE ENVELOPES CONTAINING DNA SAMPLES
162-H: EVIDENCE ENVELOPES CONTAINING HAIR BRUSH SAMPLES, ETC.
162-I: EVIDENCE ENVELOPE CONTAINING BLACK/BLUE HAIR BRUSH.
162-J: EVIDENCE ENVELOPE CONTAINING HAIRS FROM HAIR BRUSH.
162-K: CLOSE UP OF EVIDENCE ENVELOPE
EXHIBIT 163-A: CHART BLOW UP OF EXHIBITS 163-B AND C
Prosecution Witness #88: Rodney Oswalt, Criminalist CA DOJ Testimony Prelim Testimony
The majority of Oswalt's testimony focused on his analysis of the hair in the pliers. Oswalt concluded that they were two separate hairs, not one hair broken into two pieces, but they could have been stuck together giving the appearance of being one hair when Hendee first collected them. He also examined the pubic hair found on the duct tape on Laci's body and ruled out Scott as the donor. He said Laci may have been the donor.
164-A: PHOTO EVIDENCE ENVELOPE CONTAINING THREE
HAIR SAMPLES (FROM PLIERS, BROWN BRUSH, AND BLUE/BLACK HAIR BRUSH.
164-B: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE #144A
164-C: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE FROM BLUE/BLACK HAIR BRUSH.
164-D: PHOTO BLUE/BLACK HAIR BRUSH WITH HAIR SAMPLES REMOVED.
EXHIBIT 165: HAIR ANALYSIS
166-A: PHOTO PROXIMAL END OF HAIR #144A, 1 OF 2
166-B: PHOTO DISTAL END OF HAIR #144A, 1 OF 2
166-C: PHOTO DISTAL END OF HAIR #144A, 2 OF 2
166-D: PHOTO PROXIMAL END OF HAIR #144A, 2 OF 2
EXHIBIT 167 A-B
167-A: PHOTO HAIR FRAGMENTS #144A- PRIOR TO REPACKAGING AND GOING TO FBI
FOR DNA
167-B: PHOTO HAIR FRAGMENTS #144A IN BINDLE AND BROWN EVIDENCE ENVELOPE -
REPACKAGING
EXHIBIT 168 A-B
168-A: PHOTO NON HAIR FIBERS AND HAIR FIBERS
168-B: PHOTO PUBIC HAIR STRANDS FOR LACI AND SCOTT
EXHIBIT 169 - PHOTO HAIR UNDER MAGNIFICATION.