Minutes

Prosecution Witness #26:  Derrick Letsinger, MPD

Testimony

Letsinger reviewed the time sequence and the walkthroughs.  Said after the walkthrough with Scott, that Scott, as leaving the house threw his flashlight down and uttered some swear words under his breath. Letsinger and Spurlock went to the Reed house next door to check it out because Scott said it was vacant.  Gregg reed was there, they did a thorough walkthrough, but nothing suspicious.

No new food in the refrigerator, indicating Laci had not gone to the grocery store as planned.  The suspicious things were:  the mop and buckets, the crumpled up rug, the duffle bags in the bedroom.  The mug and glasses on the counter  were not taken into evidence.  Letsinger said Scott said he had used the glasses himself.  The dining room table looked set for some guests when Letsinger arrived -- with candles, nice shakers, and napkins with utensils.  

EXHIBT 37 A-DD: BINDER - CSO LOVELL - 523 COVENA 12/24/02, PHOTOS
  37A - PHOTO WITH BLUE BUCKET AND MOPS AT OUTSIDE DOOR
  37B - PHOTO INSIDE HALLWAY DINING ROOM
  37C - PHOTOS HALLWAY WITH DOOR (WREATH)
  37D - PHOTO OF BATHROOM
  37E - PHOTO DOORWAY LOOKING INTO NURSERY
  37F - PHOTO NURSERY (CRIB, MOBILE, DRESSER)
  37G - PHOTO NURSERY (ROCKER, WINDOW)
  37H - PHOTO BEDROOM WINDOW, DRESSER
  37I - PHOTO MASTER BEDROOM BED
  37J - PHOTO OPEN CLOSET DOOR
  37M - PHOTO LOOKING DOWN HALL WAY
  37N - PHOTO BED WITH BLUE BED SPREAD
  37-0: CLOSET IN SECOND BEDROOM
  37P: PHOTO SECOND BEDROOM LOOKING INTO NURSERY
  37Q: PHOTO DINING ROOM
  37R: PHOTO CHRISTMAS TREE
  37S: PHOTO KITCHEN COUNTER, W/PHONE BOOK, KNIVES
  37T: PHOTO KITCHEN SINK, WINDOW, ETC.
  37U: PHOTO KITCHEN, STOVE, ETC.
  37V: PHOTO KITCHEN, LOOKING AT FIREPLACE
  37W: PHOTO LIVING ROOM, TV, WINDOW
  37X: PHOTO SHELVES, 2 CHAIRS
  37Y: PHOTO SHELVES W/CHRISTMAS CARDS
  37Z: PHOTO COUCH, CLOSET W/WASHING MACHINE
  37AA: PHOTO LOOKING INTO DOOR OF SECOND BATHROOM
  37BB: PHOTO VANITY IN SECOND BATHROOM
  37CC: PHOTO WASHER/DRYER WITH DIRTY RAGS.
  37DD: PHOTO RUG BY DOOR
EXHIBIT 38 - SECOND DIAGRAM OF 523 COVENA

Spurlock also testified about the walk-through on the night of the 24th.  He said after being quizzed about his fishing story, Scott through down his flashlight, and said through gritted teeth, "fuck."  When he admitted it was not in any report, Geragos asked the judge to send the jury out.

Geragos said it violates rule 1054 regarding Discovery and asked for the prosecution to be admonished.  The judge asked Distaso if he had pre-tried the witnesses, and he said no, and the judge mildly rebuked him for not doing so.  Geragos said they were either negligent for not pre-trying the witnesses and then informing the defense of all new stuff or intentionally violating the rules.  Judge Delucchi rejected the motion and they were bringing the jury back in, then Distaso volunteered that the officers did tell him before they were going to say that.  Geragos jumped up again and demanded the jury be kept out.  He then said that he requested an admonition and short of that a mistrial.  Lots of sarcastic laughter from the Rocha section, audible sounds, and Geragos turned around and said he didn't need that from the peanut gallery, and asked the Judge to clear the courtroom if the spectators can't keep silence.  The judge said he would.  After it all, the judge ruled that it was not that egregious and no mistrial was in order.  The jury was brought back in.

Geragos again called attention to the dining table being set, and also asked about some items Spurlock and Letsinger both said were in the kitchen that were not in the pictures Lovett took -- the pizza box and the bottle of ranch.  Also, Spurlock said he saw the tennis shoes and sandals near the French doors.  He did not examine them, just made a mental note of them. He also said he did not examine the mug that was on the counter.

Both Letsinger and Spurlock said they saw Ron Grantski in the park, near the foot bridge, and had a conversation with him, but no one has asked what that conversation was about.

EXHIBIT 39: PHOTO MATERNITY PANTS W/WHITE SHIRT
EXHIBIT 40: PHOTO TAN PANTS W/BLACK TOP
EXHIBIT 41: PHOTO TAN PANTS W/BLACK TOP
EXHIBIT 42: PHOTO RED BEADED TOP AND PANTS
EXHIBIT 43: PHOTO CLOSE UP OF EXHIBIT 42
EXHIBIT 44: PHOTO BLACK/TAN BLOUSE (BELL SLEEVES)
EXHIBIT 45: PHOTO BLACK/TAN TOP (EVIDENCE ITEM #218)
EXHIBIT 46: PHOTO YELLOW FLORAL, SLEEVELESS RUFFLED TOP

EXHIBIT 47: THE BLOUSE PICTURED IN PEOPLE'S 46 FROM LACI'S CLOSET
EXHIBIT 48: PHOTO RED CREAM FLORAL RUFFLED BLOUSE
EXHIBIT 49: PHOTO CLOSE UP OF MATERIAL EXHIBIT 48

Minutes

Prosecution Witness #29:  Jon Evers, MPD    

Testimony    Prelim Testimony 

Det. Evers, a patrol officer back in Dec 02, again took us through the 4 walk-throughs of the house (1st:  Letsinger, Evers, Spurlock; 2nd:  Letsinger, Evers, Spurlock, Scott; 3rd: Brocchini, Evers; 4th: Brocchini, Evers, Scott), and then on to the warehouse.  Everything had already been covered at the Prelim or by other officers. 

A couple things did stand out, though, through cross examination.  First, we learned again that Scott was concerned and did show emotion when speaking with the police that night.  Evers said the depth of Scott's concern was one of the reasons for calling in more police officers.  Evers also admitted that he thought Scott's explanation of the crumpled rug was reasonable, and that's why he didn't note it in his report.  He further stated that it wasn't until the 3rd walk through that he first noticed the rags on the washer, and not until the 4th walk through that he noticed the rug. 

Finally, Evers admitted that he didn't take notice of the quite large dog bed in the master bedroom.  The Prosecution made a point of asking the housekeeper if she had ever seen McKenzie in the house.  Why would the Prosecution ask questions about this when McKenzie obviously slept in the house. 

EXHIBIT 53: ORIGINAL BERKELEY MARINA BOAT LAUNCH FEE RECEIPT.
EXHIBIT 54: MISSING PERSONS REPORT

Prosecution Witness #31:  Lisa Hill, Medical Assistant OB/GYN

Testimony

Prosecution Witness #32:  Corina Ramos, Receptionist OB/GYN

Testimony

Prosecution Witness #33:  Stacey Josephson, checked messages OB/GYN

Testimony

Minutes

Prosecution Witness #34:  Victoria Guadamuz, salesperson Motherhood Maternity

Testimony

The Motherhood Maternity salesclerk did nothing more than verify that she rang up Laci's purchases on Aug. 30 and that the store didn't have the correct size for the pants to the red outfit that she wore at the December 14 Christmas party, so the store called her when the correct size came in. Geragos did not ask any questions on Cross.

EXHIBIT 57: MOTHERHOOD RECEIPT FOR LACI PETERSON

EXHIBIT 59: MAPS-MADERA/MARIPOSA CO. SIDE 1 AND MERCED CO. SIDE 2
EXHIBIT 60: MAPS CALAVERAS/TUOLUMNE COUNTIES (2 SIDES)
EXHIBIT 61: MAP OF CALIFORNIA

EXHIBIT 62: DRY CREEK PARK AREA - 2001 (CD)

EXHIBIT L1: PRESS ADVISORY - 1/9/03
EXHIBIT L2: PRESS ADVISORY - 1/10/03
EXHIBIT L3: PRESS ADVISORY 1/11/03
EXHIBIT M: PRESS ADVISORY 12/31/02 (not admitted)

Prosecution Witness #36:  Tim Helton, MPD  Testimony

The two officers, Cloward and Helton, gave detailed testimony about the search efforts.  The Prosecution seems to be walking a tight-rope with this testimony.  On the one hand, they want to demonstrate that the search was very thorough, to dispute Geragos' claims that LE rushed to judgment and did not carry on a legitimate investigation.  On the other hand, they can't claim the search of the Bay was so thorough to give Geragos the argument that, well, obviously she wasn't in the Bay for 4 months or LE would have found her. Therefore, her body was planted by the real killers to frame Scott.

The Defense did raise some interesting points.  Some eye witnesses came forward very early in the search to claim they saw a dog fitting McKenzie's description running loose in the park with leash and collar on.  Another witness claimed to have seen a woman fitting Laci's description with a dog fitting McKenzie's description in the Park. These sightings were between 9 and 10 a.m. on Dec. 24. Tom Harshum, the retired/reserve police officer who saw a woman fitting Laci's description being forced into a van, described the woman as having black hair and wearing a red top and black pants.  

We also received more detail about the dog alerts at the various waterways other than the Bay, which ended up being animal remains.  This may minimize the effect of the expected testimony of the dog alerts on the launch pier at the Berkeley Marina.

Minutes

Prosecution Witness #36:  Tim Helton, MPD  Testimony

Geragos continued on the theme that LE had significant tips that it did not follow through on.  He hit again today on the tip that Laci was being held at a location in Tracy.  The tip did not include a specific address, just a vague description of the area.  The officers were advised to go to the area in daytime only, as it was inhabited by known parolees who were hostile to LE.  They used a helicopter with heat sensors and did discover heat radiating.  Helton said they could not be certain it was human heat -- it may have been animal.  When asked if anyone followed up, Helton said not to his knowledge. The Prosecution noted that 3 days had been spent investigating this tip, but we were still left with the impression that the heat source was never ruled out as being human.

Prosecution Witness #37:  Dr. Tina Edraki, Laci's MD, Hera Medical Group   Testimony

Dr. Edraki testified about Laci's pregnancy progress.  Of particular interest were the notations about Laci's complaints of dizziness and the recommendation that she discontinue exercising or do so later in the day and after eating.  Just two days later Laci complained of shortness of breath while walking, and Geragos asked the Dr. to draw the obvious conclusion that Laci was not following those instructions.  Geragos also asked the Dr. if knowing the date of ovulation and sexual activity would be a more precise way of determining gestational age than using the wheel or the sonogram.  He seemed to indicate he will be producing evidence that Laci knew her date of ovulation, since she was using an ovulation calculator.  Nothing on the chart indicated Laci gave that information to her Dr.

Prosecution Witness #38:  Mary Anna Felix, Edwards Jewelry  Testimony

EXHIBIT 64: WATCH REPAIR ENVELOPE

Prosecution Witness #39:  Jeff Schumacher, Edwards Jewelry  Testimony

Felix and Schumacher are the jewelers Laci asked to redesign her wedding ring, adding diamonds taken from her Grandmother's wedding ring and another ring.  The diamond in the Grandmother's wedding ring was 2.5 karat.  The finished ring was valued at $55K, and the total jewelry inheritance at last $100K.  This ring was still at their shop when Laci disappeared.  Scott did not call or go in to reclaim the ring.  Felix called the police to let them know the ring was there, and then Sharon Rocha went down and picked it up.

Prosecution Witness #40:  Robin Maria Rocha, Laci's Aunt & co-Executor of Rocha Estate  Testimony

Robin Rocha (Laci's aunt) testified about turning her mother's jewelry over to Laci, along with a list, and identified several of the pieces of jewelry.  She was asked by the police to identify any missing pieces.  She did not identify a croton watch as being missing.  Geragos asked if she used the list she and Laci compiled to determine which items were missing.  She did not, as she did not have possession of that list -- it went to Laci with the jewelry.

Prosecution Witness #41:  Michael Robert Imelio, Pool serviceman

Testimony

Imelio, who services the Peterson pool, did little more than establish that McKenzie barked constantly while he was there for his 8 minute or so check/treatment of the pool.  Police reports that he told them he went to the Petersons on Mondays, but he testified that he did so on Tuesdays. However, he was off the whole week of Dec. 24.

Prosecution Witness #42:  David Brooks, Pawn broker   Testimony

EXHIBIT 65: PAWN SHOP RECEIPT AND JEWELRY - GOLD CHAINS
EXHIBIT 66: PAWN SHOP RECEIPT AND JEWELRY - RINGS, CHARM, ETC.

Prosecution Witness #43 :  Tori (Victoria) Brooks, Pawn broker  Testimony

EXHIBIT N: PAWN SHOP PURCHASE TICKET, regarding Croton watch pawned by Deana Renfro