Minutes

Judge Delucchi's Instructions to the Jury Full Text

Opening Statement by Rick Distaso Full Text

Distaso opened by describing in great detail the night of December 24th, beginning with Sharon Rocha, Laci's mother, having her preparations for a Christmas Eve family dinner interrupted by a phone call from Scott asking if Laci is there. These are the main points of the People's case against Scott:

• Police became suspicious of Scott on the 24th because:

  • Scott's alibi was a fishing trip to the Berkeley Marina, a 90-mile trip from Modesto when there were dozens of other places to fish much closer

  • Scott couldn't say what he was fishing for or what bait/lures he used

  • Scott told at least 2 people that he went golfing

  • Scott washed his clothes when he returned home

  • They saw evidence of a clean-up:  dirty rags on the washer, and a mop bucket and mops outside the door

  • A rug by a side door was scrunched up

  • There was no evidence of a break-in or burglary

• Police conducted an exhaustive search for Laci, showing that no other explanation can be given for her disappearance

• Several witnesses will further discredit Scott's fishing alibi

• Several witnesses and cell phone records will discredit Scott's timeline for the morning of the 24th, which he said he left the house at 9:30 that morning, and provide a narrow ten-minute time frame, 10:08-10:18 a.m., when something else could have accounted for Laci's disappearance

• Several witnesses will discredit Scott's claim that Laci planned to go for a walk the morning of the 24th and that Laci was watching a Martha Stewart show that talked about meringue

• Scott described Laci as wearing black pants and Laci was found in tan pants, the same pants she was wearing on December 23

• Witnesses will show that Scott lied about being married, and that his affair with Amber coincides with his secret purchase of a boat and researching the tides and currents in the San Francisco Bay

• Pictures of Scott and Amber at a Christmas party were contrasted with a picture of Laci sitting alone at a different Christmas party the same night

• Evidence will show that Scott made 5 anchors from a cement bag, but Scott said he made only one and

• Scent dogs picked up Laci's scent on the pier where Scott launched his boat on the 24th

• A pair of pliers with 2 strands of hair that might have been Laci's were found in Scott's boat

• Scott returned to the Marina during the searches, but didn't identify himself or talk to anyone

• Scott lied to his family and friends about where he was on January 11, 2003

• Scott sold the Land Rover and attempted to sell the house

• Scott converted Conner's nursery into a storage room

• A hydrologist will explain where Laci's body had to go into the water for her and Conner to be found at their respective recovery sites, and that is where Scott said he was fishing

• Showed the jury pictures of Conner and Laci as they were found

• Expert witnesses will explain why Conner was less decomposed and provide evidence that he was not born but separated from Laci at most one or two days before he was found

• Expert witnesses will testify that Laci was in the Bay for a period of from 3-6 months and explain how the disarticulation occurred.

• Witnesses will testify that Scott was a flight risk when he was arrested on April 18, near the Mexican border, and detail the contents of the car. 

Distaso closed his Opening Statement with:  Ladies and gentlemen, this is a common sense case, and I, let me thank you right now. I appreciate your attention as I did this opening statement for you. At the end of this case, I'm going to ask you to find the defendant guilty of the murder of his wife, Laci, as well as his unborn child, Conner Peterson. Thank you.

Minutes

Opening Statement by Mark Geragos Full Text

Highlights:

1.  Laci knew about the boat 

A witness will testify that Laci was at the warehouse on Dec. 20 and saw the boat.  A woman will testify that she talked to Laci that same day when Laci used the bathroom next door because of the fertilizer products blocking the bathroom at the warehouse.

2.  Martha Stewart DID talk about meringue on the 24th

Geragos played the segment, with noticeable reaction from the spectators. 

3.  The khaki pants Laci was found in are NOT the same pants Laci wore on the 23rd to Amy's salon

When LE obtained a pair of the same pants, they showed them to Amy, who said they were not the same.  The pants Laci had on did not have a drawstring, the pocket style was different, and other style features were different.  Amy will provide testimony.

4.  Scott told Amber that he loved Laci and very much wanted her back alive

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

Nava, as in her Preliminary Hearing testimony, described her cleaning routine, Laci's activities the morning of the 23rd, what Laci was wearing, and her observations of Laci's general health. 

Minutes

Prosecution Witness #2:  Fred Eachus, Manager Trader Joe's

Testimony

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

Eachus testified about the purchase Laci made at Trader Joe's at 10:06 am on December 23.  Geragos asked several questions about Challah bread.  Eachus said it is a specialty bread that is delivered daily and more popular around the Christmas holidays.

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

Reiswig worked at the Spa on Dec. 23 and interacted with Laci.  She described Laci as wearing a while long-sleeve top with no buttons or collar, black Capri pants, black Mary-Jane shoes, and a silver-gold watch.  Laci told her she was tired.  She was interviewed by Detective Grogan in March 2003 and again just a few weeks before her testimony.  The Spa does not have video surveillance. 

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

Laci kept an appointment with Buer for a facial waxing on Dec. 23.  Buer was interviewed by Brocchini on January 17, 2003, and Grogan on March 19, 2003.  Buer wasn't sure if Laci was wearing black Capri pants or a skirt, and described her top as a collared button-down.  Buer was also involved the night of Christmas Eve, opening up Ditto's so flyers could be made.  She told Grogan early on that she was uncomfortable discussing Scott with Laci's friends because she had already formed the opinion on Christmas Day that he was responsible.  Several times during her testimony she claimed that what Grogan and Brocchini wrote in their reports is not what she told them.  She noted that Laci, unlike other female clients who talk about their husbands/boyfriends, never said a negative word about Scott. 

Direct Examination: Rick Distaso

Cross Examination: Pat Harris

Sometime in late January, Chris Johnson, the owner, placed 2 surveillance tapes on Wesenberg's desk for her to review to see if either of them had footage of Laci on the 23rd.  She concluded that they didn't and put the tapes back into circulation.  When Grogan inquired about the possibility of surveillance footage of Laci, the tapes had already been taped over.  MPD let it go at that.  Wesenberg noted that since Laci was not a paying customer (family), she would not have gone to the front counter and thus would not likely have been captured on the surveillance video. 

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

Direct Examination: Rick Distaso

Cross Examination: Mark Geragos

On direct examination, Amy provided some background family information and the first time she met Scott, identified the floor plan for Scott's and Laci's home to be correct, People's Exhibit 12.  Identified the different areas of Salon Salon, People's Exhibit 3.  Amy told about Laci's and Scott's visit to the Salon on the 23rd, the Vella Farms purchase for Grandfather Rocha and Scott's volunteering to pick it up the next day.  She described in detail what Laci was wearing:  Capri-length cream-colored pants in a stretchy cotton fabric, a black jacket that was longer than her blouse, and a cream scarf.  Before Amy cut Scott's hair that day, she showed Laci how to do a "fun flip."  Geragos' cross-examination started today with a very few questions about the pants, asking Amy to specifically admit that the pants found on Laci were not the pants she wore to the Salon Salon.  The bulk of his cross came on Monday, June 7.

People's 13:  COPY OF VELLA FARMS RECEIPT - 12/23