Minutes

Prosecution Witness #7:  Amy Rocha, Laci's half-sister 

Testimony   Prelim Testimony

On cross, Geragos went into a lot of detail about the inheritances from Rocha Grandparents.  The lion's share of the Grandmother's jewelry was given to Laci and, according to Geragos, valued at $50-100K.  Amy said she had no idea what the jewelry was valued at.  She and Laci went through the jewelry and decided what would be sold, and Laci was in charge of the sales.  Some items were offered on EBay and others sold to pawn shops.  In addition, Amy, Laci, and Brent would be equally splitting the proceeds from the sale of the Grandfather's house and also 1/2 of the Rocha Estate.  Amy said Laci was aware she wouldn't receive the bulk of their inheritance until she reached age 30.  Amy was asked by MPD to go to the Covena home on February 18 to see if she could find the clothes Laci was wearing on the 23rd.  She said she was able to pick out the entire outfit.  After Laci's body was found, she was asked to look at 3 pictures and pick out the pants that Laci was wearing on the 23rd.  One of the pictures was of the pants style that Laci was found in.  Amy said definitely not two pictures, including the pants style Laci was found in.  Amy confirmed that she told MPD Salon Salon had a surveillance system in her first interview with them, and they should obtain the video. 

On redirect, Distaso pointed out that Amy has always been certain of the length and color of pants Laci was wearing, which was the same length and color as the pants Laci was found in.  He also asked Amy if Scott had ever asked her to dye his hair, or if she had ever known him to have dyed hair.  She said No to both questions. On re-cross, Geragos countered with a review of Amy's rejecting the pants Laci was found in as the pants she was wearing on the 23rd.  He also asked Amy if hair that has been lightened would bleach out to an orange-blonde color from exposure to chlorine in a swimming pool. She said hair that was possible but she had never seen it.  Geragos asked if she was ever asked by MPD to examine Scott's hair after the arrest.  She said, No. Amy also revealed that on the 23rd, it was Scott that asked her to come over to their house for pizza that night. 

Defense A: Tan and cream-colored pants on bed

Defense B: The blouse Laci wore to Salon Salon

Defense C: The Mary Jane shoes Laci wore to Salon Salon

Sharon reviewed Laci's birth and growing up years, her introduction to Scott, Laci's marriage, their move to Modesto, and their purchase of a home. Under direct, Sharon painted a picture of a very close relationship with Laci telling Sharon about anything of importance. She said that she saw nothing in Scott's and Laci's relationship prior to December 24th to cause her to think they were not happily married. As far as Sharon knew, Laci would enter the park at the Covena entrance, walk to the tennis courts and then return.  Sharon reviewed the information she had about Laci getting sick while walking, the last time Laci talked about walking was in conjunction with the second incident in late October or early November, and Laci never told her she had changed the route she walked in the park.  She said Laci did not want to go to Disneyland, her feet were swollen, she was tired and it would be too much walking.

On the 24th, Sharon went to the movies with Sandy Rickard and they didn't invite Laci assuming she would be too uncomfortable.  Sharon returned home about 3:00-3:30 and then asked Ron to call Laci to bring whipping cream.  Scott called her at just after 5:15 to ask if Laci was there and said Laci was missing.  She related the events of that night, particularly not being able to get Scott's attention in the park, and later at the house her trying to console him and he kept moving away from her.  She also said Laci told her Scott had to meet with his boss in San Francisco on December 14, and that is why he couldn't attend the Christmas party with her.

As part of testimony, Distaso played the conversation Sharon taped between herself and Scott on February 13. (People's 23) She said previously Scott had avoided talking to her, and specifically noted December 28 and January 1.  She related details of a family dinner on January 14 when she asked Scott what he used to fish for sturgeon, and Janey answered for him.  Finally, when she was notified April 15 that the bodies had been found, she left a message for Scott to return home immediately.  She said he never returned the call.

On Cross, Geragos suggested Laci was so long in accepting the invitation to Sharon's for Christmas Eve dinner because she was having personal problems with someone on the guest list.  Sharon said it was because she had not yet purchased gifts for everyone.  Geragos reviewed what Sharon and Ron told Grogan on January 29 about Laci's normal routine, and walking McKenzie was included.  Laci described as an independent person who would do what she wanted.  Sharon said Laci did not tell her she went walking while at Carmel, only that she went shopping with Jackie and she was tired.  Sharon said the neighborhood project Laci was involved in was the Encina project, not the problem with the homeless coming out of the park and going down Covena on their way to the Mission.  She said she had no knowledge of any involvement on Laci's part in the homeless problem.  Sharon didn't remember Brocchini telling them on the night of the 24th, when he said the family should go home, that Scott should not go to her house after he finished with Brocchini because someone should be at home in case a call came in.  Sharon said Scott called her Mom, and never was angry with Laci, even when others thought he should have been.

On re-direct, Sharon said that if she had known prior to December 24 what she found out later, she would absolutely have had a different opinion of Scott.  On re-cross Geragos took the opportunity to show the picture of Laci in Scott's blue pajamas. 2nd re-direct and 2nd re-cross focused on whether or not Laci had any involvement with the homeless problem.

EXHIBIT 17 - PHOTO OF LACI LYING ON A COUCH
EXHIBIT 18 - PHOTO LACI AT BABY SHOWER
EXHIBIT 19 - PHOTO LACI AT BABY SHOWER (SAPPHIRE RING)
EXHIBIT 20 - PHOTO LACI AT BABY SHOWER (SHOWS TATTOO)
EXHIBIT 22 - DIAGRAM OF PARK (AERIAL VIEW)

Minutes

Prosecution Witness #9:  Ron Grantski, Sharon's Companion

Testimony

Summary

Ron Grantski was fishing at the exact same time as Scott on December 24th, it was a last minute thing, he didn't tell anyone he was going.  It was at Lake Almanor.  He had gone to Lodi to pick up his paycheck, then went to Los Banos to check on a shopping center project that was near completion, then went fishing at Oakdale when he learned Sharon was going to the movies.  Ron admitted that Scott could have been offended by what he asked him in the driveway at the house on the 24th, about being so late to go fishing. 

Ron also said that he went to the park, and then went to the Covena house by going through the park and up that footpath.  He said it was too steep, no way Laci could have gotten up that path.  He said he had trouble with it, and he's not in that bad of shape.

The meeting with the police on Jan 15th and showing them the pictures of Scott and Amber, that was the "last straw" for Ron, to convince him Scott was involved.  What were the other straws leading up to it? Scott avoided him.  Police met with the Rochas on January 15, and on the 16th provided Sharon with tape recording equipment from Radio Shack.  Call with Scott same day.  Ron told Scott, if you have anything to do with this, you'd better tell.  Scott said: "My world is done without Laci and my child.  We all want her back.  I'm sorry you guys think I had something to do with it.  The only important thing is getting her back." (See Other Calls, Sharon's phone call to Scott on January 16, 2003) Geragos referred to a report, but Grantski said he didn't remember Scott saying that.

Ron said Scott was a very non-emotional person, never lost his temper, never got angry, but he was extremely emotional on more than one occasion after Laci disappeared.  Geragos asked Ron about the fishing places he went to, they were private and secluded because a fisherman like Ron doesn't want others to know his fishing spot.  Geragos asked if someone was going to dump a body, wouldn't he pick someplace secluded and private rather than public like the Berkeley marina with boats and people around.  No response from Grantski.

Summary

Brent was co-trustee of the Grandfather Rocha's two estates, with Dennis' sister Robin the other trustee.  The house sold for approximately $485,000, and Laci's 1/3 share was $160,000. The other estate was much more substantial.  Total value was $2,367,000.00.  It was divided 50/50 between Dennis and his sister Robin.  Dennis's 1/2 was setup in the Dennis Rocha family trust, with Brent, Amy and Laci getting equal shares, but could not received until age 30.  No financial benefit to Scott without Laci and Connor.  If Connor had lived, Scott, as Connor's guardian, would have overseen Connor's share.  With both Connor and Laci dead, Laci's share gets divided equally between Amy and Brent.  Brent disagreed with Geragos on the value of the jewelry Laci inherited, saying it was worth at most $20K, not enough to be worth insuring. 

Jackie and Lee Peterson set Scott up in a packaging (shipping) business, which he sold and used the profits to set up the Shack, which was set up from scratch, not purchase of an existing business.  Brent described how he and Rose (his wife) wondered how Scott and Laci could afford their lifestyle, they were buying home, had newer vehicles, Scott had expensive liquors in his bar etc, while Brent and Rose were scraping to buy a home.  Jackie and Lee put up the down payment for the Covena home.

During one conversation with Scott at the Covena house, by the pool, Scott said things weren't going good at work, he was interviewing more people and he hoped they would be better salespeople. He remarked about turning 30 and becoming a dad. Brent said he was "down" and "quiet."
 

When Brent arrived at the Covena house the night of the 24th, Scott was staring straight ahead, not looking at anyone, in outer space, not making eye contact with anyone, just by himself. 

Brent was given tape recording equipment by the MPD in mid-January, and asked to record his conversations with Scott.  One of the conversations he taped was a call on January 16, when Brent confronted Scott about Amber, Scott first denied it, and then admitted it after the National Enquirer article came out. He asked Scott, how do you know she has nothing to do with it? Scott said, no, no way, she couldn't have anything to do with it, she didn't know Laci existed. Brent asked, How do you know she didn't know Laci existed? Scott said he didn't tell her anything about Laci until after Laci went missing. He said he had called Amber to tell her Laci was missing. (See Other Calls, Brent Rocha with Scott, January 16, 2003)

On the 25th, Scott went to the warehouse to get duct tape to use to put up fliers. Brent said he was gone about 2 hours, and the distance is about 10 miles. Brent said they both used the duct tape to put up fliers in the neighborhood. At a later date, the police asked Brent to show him the locations where Scott used the duct tape to put up flyers.

Geragos asked Brent about how much work Scott had done to the house. Brent said it was already in good shape, but conceded the pool, Jacuzzi, and the barbecue were put in, as well as some remodeling on the bathroom and the floors.

EXHIBIT 24 - PHOTO OF VIGIL FOR LACI
EXHIBIT 25 - PHOTO OF VIGIL FOR LACI/JACKIE PETERSON SPEAKING
EXHIBIT 26 - PHOTO CLOSE UP OF SHARON AND FRIENDS

Summary

Rose said Scott made a comment to her, about Laci's efforts to get pregnant, that he was hoping for infertility.  She said he wasn't smiling or laughing, so she didn't know how to read what he said.  Defense countered with Rose's awareness that it took both Laci and Scott, and mentioned about Laci using the ovulation calculator and calling Scott to come home and Scott rearranging his travel schedule.

Pat Harris also asked her about Brent's comments to the media that Scott was excited about having the baby, but she didn't remember hearing any of them.

Rose was first interviewed by Grogan on Jan 11, but she didn't say anything about the infertility comment, though she was asked about his relationship.  That was pre-Amber.  She was interviewed again on Jan 21 and she told Grogan about the comment.  On the 11th, she was also asked about Brent's whereabouts on the 23 and 24 of Dec.

Rose also testified about Scott giving the 10 minute speech at hers and Brent's wedding. Pat Harris asked her if it was televised to 60 million people.  She said no, it was just a video for family and friends.  Only about 100 people at the wedding. 

Rickard said that when she was at the Covena house on the night of the 24th, Scott went up to her, held up his hands, and said, I wouldn't be surprised if they find blood on my truck because I cut my hands all the time, I'm a <she said he used some sport, but couldn't remember which>. However, the first time she interviewed with Grogan, she hadn't reported that comment, she didn't remember it. Sandy described Sharon as hysterical on the night of the 24th, and Scott as calm.

Some time later, the night before the Diane sawyer interview aired, she and Sharon and 2 other ladies were sitting around trying to remember things about Scott. That was the first time Sharon remembered about Scott using the word "missing." Sharon called Grogan, then Sandy talked to Grogan. Previous to Sharon's phone call, another lady there, Patty, called Grogan to tell him about a rumor that Laci was afraid of Scott because he was making concrete weights. She said she wasn't aware of Patty making that call, she wasn't sitting at the table with her and Sharon. Also, when Sharon placed the call to Grogan, she went into another room, so Sandy didn't hear everything she was saying.

Minutes

Prosecution Witness #13: Gwendolyn Mae Kemple, Sharon's 1st cousin Testimony

Cross examination by Mark Geragos.  Ron Grantski called their house about 6:30 pm on the 24th, and she and her husband Harvey went immediately to the park.  The next morning, she was at the Covena home from 8:30-11:30, and said Scott was just standing around, going in and out, not participating in the search.  She did not see Scott leave with Brent.  Geragos asked her to read from Det. Grogan's report, which reports that she was at the house from 9:00-11:30, Scott and Sharon were both present in the house at the time, and Scott never left the house.  She said that she meant Scott did not leave the premises.  She said she was in the park that morning, and then corrected herself.  She did not make this information known until May 1, 2003, when she called Det. Grogan at Sharon Rocha's suggestion.   

After Scott installed the barbecue, Kemple was there and Scott was barbecuing chicken.  Kemple told him to turn the fire down, but Scott didn't and the chicken burned.  He said Scott was more upset about the burnt chicken than he was that Laci was missing.  He said Scott slammed down the lid of the barbecue.  Harris told him there wasn't a lid, and he said yes there was.

Kemple said on the night of the 24th, he went to the park first, met Sharon and Sandy at the tennis courts, and then he walked westward toward the house, and he said he had trouble with that foot path leading out of the park to Covena, he could barely make it up the hill because his boots had smooth soles.  At the house he tried to get Scott's attention, but he was talking on his cell phone.  He finally got his attention and asked what Laci was wearing and where she went to.  Later he asked Scott where he was and Scott said golfing.  Kemple told everybody he saw that Scott said he went golfing.  He said he couldn't believe Scott would leave Laci to walk alone in the park and go golfing. 

He said he was upset with Scott because Scott wasn't out searching for Laci that night.  When asked if he knew that the police ordered Scott to stay at the house, he said he wouldn't have cared what the police said.  He said he was suspicious of Scott that night because Scott seemed to be trying to keep the police out of his house.  He said if it was him, he would have had the police turn the house, the cars, the warehouse upside down to find Laci. when Harris asked if he was aware that Scott let the police search the house and the truck and the warehouse, he said he didn't see that.  When asked if that would change his opinion, he said no.  Harris suggested that once he learned about Amber, nothing would have changed his mind.  He said it wasn't just that, there were other things.

Kemple followed Scott one day from the volunteer center and Scott went to the mall and just parked in the parking lot for about 45 minutes.  He was asked if he thought it was strange behavior and he said yes, when asked if his own behavior in following Scott was strange, he said yes, and the courtroom erupted in laughter.  Kemple followed Scott one day to the Del Rio Country Club and saw Scott go in. He said some people told him personally that Scott was there to golf. 

Kemple continued to search for Laci till the day she was found, doing his own searches.  He wasn't interviewed by the police until June, and that was to find out about the burnt chicken, not about Scott saying he was golfing on the 24h.  Kemple had to volunteer the golf information.

Distaso reviewed with her finding Mac and putting him in the back yard.  She gave the time as no later than 10:18.  That's the same as from the Prelim.  She added one element, however, that is that when she returned home about 11:45, she saw the package sticking out of their mailbox.  Today she said the leash was very muddy, with grass clippings and stuff.  She said the lawns were wet with dew, but Mac's coat was dry.  When  she saw Mac, she was parallel to the curb in her car, with her car facing south (the path to the park is to the north) and Mac was facing south with his butt facing north.  Geragos asked if he could have been coming from the park, and she said he was standing still.  She said the gate she went through was wide open, at least a 90 degrees.
 

That led to much sparring in cross, as she did not say she saw the package at 11:45 in the Prelim.  She argued that it was because no one asked her that question.  Geragos referred her several times to his questions from the Prelim, but she insisted he never asked about the morning, only about when she left that evening.  They went at it for some time, and she held fast to her claim that she was not asked about seeing the package that morning, only that afternoon.  She said that mail is delivered between 10:30 and 11. 
 

Servas is a single mom.  She in New Mexico when Scott called asking if she was sure about the time she found McKenzie.  Geragos asked her if she was a member of the Rotary and did she know Scott was a member.  She said she was, and he had been a member for awhile, but she wasn't there during an incident Geragos asked about, when Scott brought Laci and introduced her and Conner.

D. Harris laid the foundation for Austin's ownership of the Christmas store that Karen Servas shopped at ton the morning of December 24.  The Christmas Store is a seasonal extension of Austin's Patio Furniture store in Modesto.  He explained how the time is set on the cash register used only for the Christmas Store, and verified the receipt that Servas received, People's 28, dated December 24, 2002, at 10:34 a.m.  Austin doesn't personally set the time for the cash register, but an employee does by calling for the time and synchronizing the register. Geragos introduced two no-sales receipts, made in January 2004, to show that the cash register does not accurately record time.

EXHIBIT 28 - RECEIPT FROM AUSTIN'S CHRISTMAS STORE

EXHIBIT H - TWO (2) NO SALE RECEIPTS

Prelim Testimony

EXHIBIT 31 - VIEW OF PETERSON HOME FROM THE KRIGBAUM'S

Prosecution Witness #18:  Terra Venable, Peterson's neighbor  Testimony

Both Amie Krigbaum and Terra Venable said that Scott told Amy he had been golfing on the 24th. However, their testimony that Scott was "distraught," and "in shock" did much to undermine Harvey Kemple's testimony that Scott showed no emotion on the 24th.  Amie confirmed the time Scott said he arrived home from fishing.  She said she left home to do an errand about 4:30ish, and Scott's pickup was not in the drive; when she returned home about 4:45, it was.  Scott said he returned home about 4:30-4:45.  Amie also said the Christmas tree lights on the Peterson home came on at 4:30 p.m.

Aquino and her husband were over at Scott's on the 25th between 12 and 1 pm, Sharon wasn't there, Brent wasn't there, some other people were there, but she didn't know who they were.  She and her husband were sitting in the chairs in the middle of the living room, and two officers came to the door, and told Scott that they found two witnesses who said they saw Laci in the park on the 24th near one of the foot bridges.  She was excited and asked Scott what he thought, after the officers left, and Scott said, That wasn't Laci, she doesn't go that way.

Minutes

Prosecution Witness #20:  Russell Graybill, Peterson's postman  Testimony

Graybill delivered mail to the Petersons between 10:35 and 10:50.  He doesn't deliver if McKenzie is in the front yard.  McKenzie was not around, he delivered the mail without problem.  Doesn't remember what he delivered.  He assumed the delivery time based on the 10:19 scan for his first stop on Encina.

EXHIBIT 33 - DIAGRAM OF POSTAL AREA FOR COVENA ST. AREA
EXHIBIT 34 - COMPUTER PRINTOUT-TIME OF MAIL DELIVERY

Medina confirmed they left their house at 10:33 on December 24, and her mail was not yet delivered.  She didn't notice anything unusual that morning, but did note both the Land Rover and Scott's pickup were in the Peterson's driveway at 5:00 am.  When they got home on the 26th, they discovered the burglary.  Their dolly was in the front yard, probably used by burglars to haul out safe.  Their kids' rooms were ransacked.  The kids are grown and away from home.  Their shed was broken into and a hammer and leather glove taken.

On 10th December, Medina had a flat tire and Scott took her to her appointment.  When Scott came over with his defense investigator and they wanted her to release the save to investigative team, Scott was crying, really upset.  This was sometime well after Laci's disappearance, but before he was arrested.

Medina would see homeless transients between 5 am and 10 am coming from the park and in the evening they would return to the park.  Sometimes they gave her problems by looking in her trash . On the morning of 12-24 doesn't remember seeing any homeless.

Medina about the media being there, for several months media did not die down, made Scott's life a wreck for months.  She observed that he was not going back into his house within the next few months. One time she saw someone stealing bricks from his house.

EXHIBIT 35 - COPY MEDINA CELL PHONE RECORDS (sealed because of personal information)

Duerfeldt arrived at the park about 6:15, as the other three officers, Evers, Spurlock, and Letsinger, were leaving to go to 523 Covena.  He was there for about 5 minutes and decided to go back to Covena, also.  Someone asked him for a ride from the park, a jogger, he took the jogger somewhere and then went to Covena and met the other officers there. 

EXHIBIT 36 - WIDER AERIAL VIEW OF DRY CREEK PARK AREA (EXHIBIT 22)

Before Wend testified, Geragos requested a delay in calling the witness because of the animated presentation of the Park the Prosecution wanted to use -- a five minute visual of an aerial photo of the Park zooming in on various locations in the Park.  Geragos said it was argumentative by nature, and that he wanted time to study it so he could use it to point out his own areas of interest.  Distaso opted not to use the presentation.  Text

Wend was in the helicopter with 2 other officers that searched the park, and they were using FLIR to detect humans. Sometimes he held the floodlight sometimes the other two. He was not the pilot.  The helicopter was in the air about 8:30 or 8:35.  Within 15 minutes of 8:21 they were flying over the park. They got no human readings, and were in the air for about 1 hour and 15-20 minutes.

EXHIBIT K - 1 PG. LIST OF "M" NUMBERS (#635-MPD RECORD)