In Chambers meeting to discuss Brocchini's testimony
Prosecution Witness #54: Douglas Kent Mansfield, CA DOJ
Prosecution Witness #55: Michael Looby, found Conner's body
Prosecution Witness #56: Erik Newman, Richmond Fire Dept
Prosecution Witness #57: Tod Opdyke, Richmond PD
Prosecution Witness #58: Timothy Brian Gard, Richmond PD
Prosecution Witness #59: Alena Maria Gonzalez, found Laci's body
Judge Delucchi announced that the spelling to be used in the court transcripts was Conner, not Connor, for Scott's and Laci's son.
JUDGE: All right. I've been advised there's an issue with the spelling of Conner. I understand it's spelled C-O-N-N-E-R, not O-R. That's what I've been told.
HARRIS: The information that we have on the chart up there, that is the information that was provided by the Contra Costa Coroner's office.
JUDGE: Okay.
HARRIS: That's the official spelling that they have.
JUDGE: That's okay for the charts, but I'm talking about the transcript. Mr. Geragos, is the correct spelling E-R?
PETERSON: The correct spelling is E-R, your Honor.
JUDGE: So it's C-O-N-N-E-R. On the diagrams it's O-R. That's okay, but in the transcript it should be E-R.
Delucchi also announced that court would not be in session on Thursday, July 8, because one of the attorneys wanted to attend a funeral. The attorney was Mark Geragos, who wanted to attend the funeral for Eric Douglas in Los Angeles.
Prosecution Witness #59: Alena Maria Gonzalez, found Laci's body
Prosecution Witness #60: Chris Martinez, Contra Costa County Sheriff's Dept.
Prosecution Witness #61: Leo Martin, Deputy Coroner, Contra Costa County
Prosecution Witness #62: Alonzo Chess, Berkeley Marina Landscape supervisor
Prosecution Witness #63: Sylvester Goosby, Berkeley Marina employee
Prosecution Witness #64: Gary Freedman, Marina Sports Center employee
Direct Examination: Rick Distaso
Cross Examination: Pat Harris
Prosecution Witness #65: Cliff Marchetti, Berkeley Marina Waterfront manager
Prosecution Witness #66: Bruce Peterson, sold the boat to Scott
Prosecution Witness #67: Kim Fulbright, Stanislaus County DAs Office
402 hearing on the Fulbright Demo (Jury not present):
JUDGE: All right. Let the record show the jury has filed out for the afternoon now and we're going to go back to the testimony of Ms. Fulbright. And I have a suspicion where this is going, so let me hear what your offer is.
DISTASO: Judge, there's -- I just handed you the binders. I don't know the exact numbers, but if you flip through, open up that binder and flip through until you get to the pictures of Ms. Fulbright, on December -- on January 5th she was taken -- I mean she laid down in the boat, put some paper down, laid down in the various positions in the boat. Alls I intend to do is ask her is this you, did you get into the boat on that particular date, and that's it. Also in the truck, too. There's a couple pictures from that.
JUDGE: Yes?
GERAGOS: It's argumentative, 352, and it's clearly misleading. So it, you can't take somebody such as this.
JUDGE: Yeah, I, I'm inclined to agree with Mr. Geragos. I know why you're doing this. You want to show that somebody can be, be hidden in the boat. But this is this lady. We don't know, we know, we have some testimony that Ms. Peterson was a 175 pounds.
DISTASO: No. Actually, your Honor, wait. Let me stop the court. No, the testimony from her medical records was on January, on December 23rd she's a 153 pounds. Four pounds less than this. And she's five foot flat. Only two inches smaller, so there's no, this is almost identical to that.
JUDGE: Didn't we have some testimony she weighed a 175 pounds? Or am I mistaken?
DISTASO: No, sir. We have the medical records in evidence, and, you know, we can pull them out right now.
GERAGOS: The fact of the matter is it's not her. It's not the lady. It's clearly argumentative and could be reversible error to have somebody do a demonstration that's argumentative on its face.
DISTASO: No, it's not, Judge. It's the almost identical size and weight of the victim in this particular case. It's not argumentative at all.
JUDGE: What, she's going to testify to what she -- she said on -- she said on January the 6th, 2004, she weighed a 157 pounds.
DISTASO: That's right. And the record showed
JUDGE: And, and she's five-foot two inches tall.
DISTASO: Uh-huh.
JUDGE: How tall was Laci Peterson?
DISTASO: Five-foot zero. Or five-foot one.
GERAGOS: Five-foot one.
DISTASO: I think the testimony was five-foot one.
JUDGE: And what was the weight?
DISTASO: 153 pounds.
GERAGOS: The problem is that you have different people with different body types. You have a live person versus what the prosecution's theory is, a dead person with rigor mortis set in. There's no way that you can allow in, that I can see that the court could allow in somebody who works for the DA's office who's going to go and try and fit herself into various spots on a boat. It's argumentative. If they want to make the argument later on in closing, that's the appropriate time to do it. It's certainly not demonstrative evidence. It's fabricated evidence in the sense that they have an employee go and do it.
DISTASO: No, Judge, it's not fabricated evidence at all. It's not argumentative at all.
JUDGE: No, I don't think it's fabricated evidence. Okay. Here's what I'm going to do. I think that here that I'm going to, I'm going to admit it and the jury can put whatever weight they want on it. You can cross-examine as to, you know, whatever motive she has, and so forth, but I think she's close enough to the size and weight of Laci Peterson. I was of the impression that Laci Peterson weighed more at the time she disappeared. Apparently she didn't. And so that she's close enough, and then it will go to the weight rather than admissibility. So you can put it on. All right. So the objection's overruled. All right. We'll take a recess until five after 3:00.
Prosecution Witness #68: David Browne, Big 5 Store Manager Testimony
Prosecution Witness #69: Rick Armendariz, MPD Investigator Testimony
Armendariz participated in searches of the San Francisco Bay on May 10th, May 16th, May 17th, May 18th, September 11th and September 18th. His testimony mostly consisted of describing the various factors that made those Bay searches very difficult. He described how difficult it was to even find a 12-ft torpedo shaped side scan sonar that was lost.
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