Prosecution Witness #89: Angelo Cuanang, Expert SF Bay Fisherman
Direct Examination: Rick Distaso
Cross Examination: Pat Harris
Cuanang is a commercial fisherman/writer whom the Judge had no
trouble qualifying as an expert on fishing in the San Francisco Bay.
He described in charming detail the typical rig for catching
sturgeon, the best places in the Bay for sturgeon, the seasonal
effects on sturgeon feeding habits -- and how all that ties in to
raising suspicion that Scott Peterson truly did go fishing on
December 24.
Pat Harris used his cross examination to remind the jury that Scott
is a recreational fisherman, not commercial. Cuanang noted the
differences between the two -- his requires knowing everything there
is to know about sturgeon fishing and Scott's does not. Even as a
commercial fisherman, he also enjoys recreational fishing and often
goes just for the relaxation and to get away. He also confessed that
he has taken a newly purchased boat out on the water, just to get it
out. When shown pictures of Scott's boat, he admitted it was
prepared for fishing. Finally, Harris emphasized how much more
attention Scott would draw to himself, if he indeed was at the Bay
for the sinister purpose of dumping Laci's body, by having fishing
gear on his boat. Recreational boating doesn't require a license, so
without fishing gear he would not be questioned by a game warden;
with gear he would be, if one happened to see him.
Prosecution Witness #90: Brian Ullrich, Insurance Agent Principal Financial Group
Brian Ullrich testified about the insurance policies taken out by
Scott and Laci. Brian met Scott back in San Luis Obispo when the
Peterson's ran the Shack. At the time the Petersons purchased their
home in October 2000, Brian was engaged to one of Laci's best
friends. Brian and his fiancée attended the Peterson's house warming
party in November 2000 and their Christmas party in 2000. In January
2001, Brian changed careers and began working as a financial
advisor. He called Scott to see if he had any interest and then both
Scott and Laci met with Brian. Brian recommended Scott take out a
$250K policy and Laci a $100K, both the whole life type. Laci asked
to have the same amount as Scott. They also initiated IRA accounts,
with Scott making a lump sum payment into his. Geragos suggested on
his cross that he used money from an IRA roll-over, but Brian
couldn't confirm that. The premiums for the insurance policies were
$150 each, and the IRA contribution $75 each, for a total of $450
taken directly from their checking account each month.
Having purchased the life insurance policies so long before Laci
disappeared doesn't immediately remove them as a financial motive.
However, the total absence of any effort on Scott to claim the life
insurance after she disappeared, or to even inquire into it, does.
If the insurance was a motive, surely he would have researched the
kind of policy he had and know that a policy cannot be collected on
a missing person for a number of years. Geragos suggested it was 7
in California, but Brian wasn't certain. Surely he would have
arranged her death in a way to produce a body, so he could collect
the insurance. Surely he would at least inquire about payment from
the life insurance company. However, Brian testified that Scott did
not make a single inquiry about the life insurance after Laci
disappeared.
The Jury was taken to see the boat; no questions, no testimony, just a visual look-over.
Prosecution Witness #91: David Weber, VP Engineering Lowe Boats
David Weber testified to the stability of Scott's boat. Weber
provided detailed information about the industry-standard tests
completed on boats for certification. These tests are designed by
the US Coast Guard and include maximum capacity -- measured in
number of people or total people pounds of weight and the total
weight including the gear -- and stability in worse case scenarios.
Weber provided the results of the tests performed June 1, 2004.
On direct examination, the tests appeared convincing -- Scott would
have had no trouble keeping his boat afloat and stable while dumping
Laci's body into the Bay. On cross examination, however, the
illusion was exposed.
These tests performed by Lowe have nothing to do with this murder
trial. They were not performed in an attempt to duplicate the
scenario that must have occurred if the People's charges against
Scott are correct. These are standardized tests performed on every
boat and with a marketability as well as safety purpose.
Why wasn't Weber asked to do a test that duplicated the conditions
Scott would have faced? Surely a computerized program exists that
can simulate the conditions and the boat capabilities. Historical
data exists to provide current and wind velocities for the period in
question. Laci's weight was measured on December 23. Scott's weight
was known. The weight of the 4 anchors was also known. Why wasn't a
test performed simulating those conditions?
Instead, we were given the illusion of such a test. The
industry-standard tests were presented as evidence that Scott's boat
was fully capable of handling the gruesome task. In fact, they were
completed under much different circumstances.
D. Harris even assisted Geragos in driving home that point. After
Geragos spent some time reviewing all of the test procedures, which
essentially are performed in an indoor swimming pool and with the
boat filled with water, Harris asked on re-direct: do most people
operate boats in a swimming pool? No. Do most people operate boats
filled with water? No.
All of the tests performed by Weber included 142 lbs. distributed
evenly along one side of the boat. Geragos asked if the boat was
ever tested using 400 lbs. at one point along the side. Weber
replied, No. He asked Weber if he would expect that would capsize
the boat. Weber replied that he couldn't honestly say.
Review of Gloria Gomez Interview
Jury was dismissed and the Judge reviewed the Gloria Gomez interview.
No court tomorrow (Wednesday, July 28) and on Thursday Judge Delucchi will hear arguments on the Defense Motion. Delucchi told us today that at 1:30 on Thursday he will announce his ruling.
Judge Delucchi rejected Defense Motion for Dismissal, and ruled on the interviews that will be allowed as evidence.