| CONTINUED From Page 4 A. No. Q. Scott Peterson? A. No. Q. Did you tell Lovell to take it? A. No. Q. That was already being done when you showed up -- A. Yes. Q. -- right? It had already been moved? A. Yes. Q. And would that typically be the direction that a detective would give? A. Yes. Q. To move evidence or to seize it? A. Yes. Q. Were you ever shown any receipt for that bucket? A. No. Q. Okay. I was about to ask you some questions about when you were going through with Scott Peterson looking for things that could be missing, and you and Scott Peterson and the other officers went room by room looking to see if anything was missing, is that how it went? A. Missing or moved, yes. Q. Moved? Okay. Let me just flip through some of these. I'm not going to show you all of them, but -- 52 is a picture of, partially, at least, of the kitchen area? (EVIDENCE PHOTOS) A. Yes. Q. And is the telephone somewhere near there or where it was or where the cradle for it was? A. Hhm -- Q. Or do you have a recollection of that? A. I don't remember. Q. Okay. Fair enough. 54 shows part of that family room? A. Yes. Q. 56 is another shot of the family room showing the other side of the fireplace; is that correct? A. Yes. Q. Some diplomas on the wall on the east side of the fireplace? A. Yes. Q. 63, is that showing the doorway into the nursery? A. Yes. Q. 64, a little bit -- well, tell me what 64 is. A. It's a -- it's a shot of the doorway into the nursery also. Q. Okay. And then 65? A. Is the nursery. Q. Okay. A mobile, baby mobile hanging from the ceiling -- A. Yes. Q. -- right? Crib? A. Yes. Q. A life preserver-type decoration above it which says, "Welcome aboard"? A. It does, yes. Q. 72, bathroom? And that would be that bathroom I asked you about? A. Yes. Q. What is this thing that's a black object that's there on the tile? A. Curling iron. Q. Curling iron for hair? A. Yes. Q. Let me show you a picture which is marked 74. Now, that shows a closet, obviously, right? A. Yes. Q. And that's a closet with female articles in it? A. Yes. Q. And 75 shows us what? A. A purse hanging up in the closet. Q. Okay. Now, is the purse somewhat visible in Number 74? A. That might be the corner, just a sliver of the purse (indicates). Q. There's some belts -- just for reference, there's some belts hanging there, right? A. That's correct. Q. And so from the different vantage point that 74 has, coming out from behind the doorjamb, looks like at somewhat of an angle there's an object that could be the corner of that purse? A. Yes. Q. Now, that is the purse that you checked with -- or watched Scott Peterson check to make sure if anything was missing; is that correct? A. Yes. Q. Now, what did you see Scott Peterson do with the purse when he was going through it with you and the other officers to see if there was anything missing? A. He just looked at the items inside, see if there was anything missing. Q. Well, okay, how did he do that? Did he take the purse off the hook? A. I don't remember who took it off the hook. Q. Okay. Well, somebody took it off the hook to look inside. A. Right. Q. Right? A. Right. Q. So you were there when this happened? A. Yes. Q. So whoever took it off the hook, what happened then to make sure that valuables or identification, et cetera, were still in the purse? A. I think it was Officer Spurlock that had the purse, and he was opening it and pulling things out, and Scott was looking at it. Q. Okay. I mean, the purse was gone through to establish if credit cards were missing, right? A. Yes. Q. Isn't this the kind of stuff you want to know? A. Exactly -- yes. Q. And identification, you want to know if that's there, right? A. Right. Q. Keys? A. Right. Q. Had you seen any keys before the purse was looked into? A. No. Q. I mean Laci Peterson's keys? A. No. Q. You were interested in knowing if those keys were still there? A. Yes. Q. And so, what, Officer Spurlock then took these things out? Were they put out on a bed or put out on a dresser, or how did this -- how did this go to make sure that a thorough inventory was done of the contents of the purse? A. He just held it in his hand and went through it, pulled things out. Q. And handed them to Scott? A. I don't remember if he handed it to him or not. Q. Well, do you recall what form the credit cards were in? Were they in a, you know, a thing that had them in slots, or were they in plastic separated -- A. No. I don't remember. Q. You don't remember? A. No. Q. What was in the purse, that you recall? Let's go -- go there. A. A wallet of some sort, just personal items. That's all I could remember. Q. Keys? We talked about some keys. You remember some keys, right? A. I think the keys were in there, yes. Q. ID? A. I think the -- I think the ID was in there, yes. Q. And then what happens then to the purse once these things are put back -- who puts them back in? A. Officer Spurlock put them back in. Q. And then where did the purse go after that? A. We just hung it back up. Q. Now, were you present when the purse was gone through a second time that evening? A. Yes. Q. Okay. When did that happen? A. Detective Brocchini went through it. Q. And, okay, that would be after, what did we say, 9:54 he showed up? A. Yes. Q. Okay. And then what happened -- what brought Detective Brocchini to -- well, tell us what -- you were there, you saw it, right? What'd you see happen? A. See where? At what point? Q. When Brocchini goes through the purse or somebody shows the contents to Brocchini. A. He takes the purse, and he goes through it. Q. Okay. What did you see him do? A. Just remove items out of the purse and ask Scott Peterson about them. Q. Hand them to Scott, "What's this?" A. I don't remember him handing anything to him. Q. May have? A. It's possible. Q. Sure. Have you looked at Brocchini's report? A. Yes. Q. Did that refresh your recollection about these -- about him going through the purse? A. I don't know. I don't remember that part. Q. Well -- A. I'd have to look at it again. Q. Showing you a page of Detective Brocchini's report. A. Okay. Q. Does that refresh your recollection about some of the items that were in there? A. I remember the wallet and the keys. I don't remember the sunglasses or the other items. Q. Okay. But these are all items that were taken out of the purse when Brocchini then wants to see what's inside the purse? MR. DISTASO: Objection, Your Honor. It's vague. If we're talking about the wallet and keys which the detective remembers, then I have no objection. But it's vague right now. THE COURT: Overruled. THE WITNESS: What's the question, Mr. McAllister? MR. MCALLISTER: Q. When you -- let me just ask another question. When you -- can you give us an estimate about when this was when you saw Brocchini looking into the purse and showing objects and handing them to Mr. Peterson? A. Well, I didn't see him hand -- hand any objects to Mr. Peterson, but it would have been probably just some, you know, minutes after 10 o'clock. Q. Okay. Early in the time that he was there? A. Yes. Q. And then the items were returned to the purse, right? A. Yes. Q. And then it's sometime after that that the purse is photographed hanging on the wall? A. Yes. Q. Okay. Now -- so the photograph, does that -- was the purse hanging in the same way when -- when initially you saw it the first time, I mean? A. Yes. Q. Is there a flap or an opening into the purse on the opposite side of that? A. I don't remember. Q. Do you remember how you get into the purse? A. No, I don't remember. Q. Now, did you, likewise, take Detective Brocchini through the house to show him that, you know, "Here's the bedroom, and here's the master bedroom, here's the nursery," bring him up to speed? A. Yes. Q. Okay. And in the doing of that, just like the first time that you went through there, you smelled no odor of any kind of chlorine, bleach, or any other cleaning agent; is that accurate? A. That's accurate. Q. Nor did you this time see any moisture on any floor inside the house, correct? A. That's correct. Q. Now, when you went over to this warehouse, you remember -- pardon me. One question I want to ask you first. Can I have this marked as an exhibit? THE CLERK: Exhibit L. (Whereupon, Defendant's Exhibit L was marked for identification.) MR. MCALLISTER: Q. Showing you what was marked Defendant's L for identification, I'll ask you if you can identify the scene that that picture shows? A. Yes. It's -- it's the Christmas tree in the -- I guess it's the formal dining room area with presents underneath it. Q. Now, is that a scene that you saw when you were there on the 24th of December, Officer Evers? A. Yes. Q. Presents under the tree, right? A. Yes. Q. Tree decorated, right? A. Yes. Q. Now, when you went over to the warehouse, did you go there in separate cars or one car, or how'd you get over there? A. Separate cars. Q. Okay. You had your patrol car, right? A. Yes. Q. And Detective Brocchini had another kind of a, what, a detective car? A. Yes. Q. What, does that have more chrome on it? A. No. Q. Okay. Now, when you -- and did Mr. Peterson come in a third car? A. No. Q. Where was he? A. He was with Brocchini. Q. Okay. Now, where did you first go inside the warehouse? Where did you first go? A. I stood in the doorway of the office. Q. Okay. So there's a doorway, a regular doorway, like a man door for entry into the office? A. Yes. Q. Is that correct? A. Yes. Q. And did you stay outside the whole time? A. I stayed in the doorway, just inside the doorway. Q. Okay. Did you see the lights go on inside this office? A. No. Q. Did you see any lights on inside the office at any time? A. Just the flashlights, our flashlights. Q. Did you see any electronic devices in there, any kind of fax machines, any kind of computers? A. Yes. Q. And where did you see those? A. They were in the office area on a desk. Q. Was there any illumination coming from any of those? A. Not that I can remember, no. Q. So there were fax -- you could see fax machine -- a fax machine, you could see a computer, right? A. Yes. Q. Did you see a light switch? A. No. Q. Did you see--I mean, so as you stood in the doorway, you--you had the impression there was no source of illumination there inside the--inside any part of the warehouse, is that--is that the impression that you had? A. We were told the power was out, so there was no -- there's nothing to turn the lights on with. Q. Okay. Nobody tried flipping a switch? A. I didn't. Q. Okay. With your flashlight, could you see a switch on the wall, look like -- kind of look like a light switch? A. I didn't see one. Q. Did you see a, you know, a miner's hat there that Mr. Peterson must have worn to do his work in the office, you know -- MR. DISTASO: Objection, Your Honor. It's argumentative. THE COURT: Sounds like it. Sustained. MR. MCALLISTER: Q. And you did see a boat there, didn't you? A. Yes. Q. Did you -- did you look inside the warehouse and see the boat, or were you always outside? A. At that point, I was standing outside. Q. Did you ever go inside the warehouse to look at anything more -- A. No. Q. -- more, you know, close up? A. No. Q. So you never got near to the boat? A. No. Q. Ever look in the boat? A. No. Q. Ever see Detective Brocchini leave anything in the boat? A. I didn't see it. Q. Did you ever see him leave anything in the--in Scott Peterson's pickup when you were back at the house? A. I didn't see anything. Q. So you weren't with Detective Brocchini every second that he was there at 523 Covena; is that accurate? A. I don't understand your -- what do you mean -- Q. Well, back when you were at 523 Covena, Scott Peterson's house, you weren't present with Brocchini every second he was there? A. We weren't attached at the hips, no. Q. I was gonna offer that expression, but -- okay. When you were at the house at 523 Covena, was the -- was the bed made? A. I believe it was. Q. Pardon me. When you were at the warehouse, Officer Evers, do you remember Detective Brocchini and Scott Peterson looking at a particular fax, I mean, you know, a paper copy of a fax message? A. Yes. Q. What did you see them doing? A. He was holding a piece of paper. Q. "He" being? A. Brocchini. Q. Okay. And the two of them were looking at it? A. Yes. Q. Okay. By candlelight? A. Flashlight, yes. Q. Flashlight. Was there -- did you take a look at the fax yourself? A. No. Q. Was there some explanation or were they talking about what time the fax would have been received? A. Yes. Q. East Coast time versus West Coast time? A. Yes. Q. Do you remember that there was some conversation with Scott back and forth about that? A. Yes. Q. That was--and your understanding was that was of a fax received that day, that being the 24th of December? A. Yes. MR. MCALLISTER: No other questions. THE COURT: Are you going to be a while, Mr. Distaso? MR. DISTASO: At least a half an hour. THE COURT: Let's take our recess here. Ten minutes. Before we break, Mr. Distaso, Mr. McAllister, Larry? THE BAILIFF: Want him back? Hang on. THE COURT: We received a total of nine STD's, sealed envelopes. Maybe at the break or after we're done this morning you might want to look at those to see if we can handle those. I'd like to get that out of the way today, if we can. MR. PAT HARRIS: Thank you, Your Honor. THE COURT: Let's take our break. (Recess: 10:30 a.m.) November 4, 2003 -- 10:47 a.m. THE COURT: Record will show everyone's present. No further cross, Mr. McAllister? MR. McALLISTER: Couple more questions, Your Honor. Q. Officer Evers, were there some times when Scott Peterson also went into the house to get some photographs for searchers to carry with them? A. I don't know. Q. You don't remember that? A. No. MR. McALLISTER: No other questions. THE COURT: Mr. Distaso. MR. DISTASO: Thank you, Your Honor. REDIRECT EXAMINATION MR. DISTASO: Q. Detective Evers, did the defendant agree to stay out of his house with you in the front while you're waiting for the detectives to arrive? A. Yes. Q. And when you would -- when the phone rang and you went back inside with him, did he agree to that as well? A. Yes. Q. Did he ever at any time withdraw that consent or say -- or say -- tell you, "No, I want to do it a different way," or, "I want to do something different"? MR. McALLISTER: Objection. Compound question. THE COURT: Sustained. MR. DISTASO: Q. Did he ever tell you at any time during the evening that he wanted to go into his house by himself? A. No. Q. Did he ever at any time in the evening tell you, "I want all of you police officers to leave"? A. No. Q. When you went to the warehouse with the defendant, did he agree to go--did he agree to take you to the warehouse? A. Yes. Q. And who opened the door? A. He did. Q. How did he do that? A. With his key. Q. Okay. Did -- at any time did anybody force him to do that? A. No. Q. Did anybody -- at any time did he tell you, "I don't want you to go into the warehouse," or, "Come out of the warehouse"? A. No. Q. When you were in the house with the defendant and you were coming back up the hallway you testified to, and there was a conversation between Officer Spurlock and the defendant; correct? A. Yes. Q. And you heard -- you actually heard Officer Spurlock say what to him? A. What was he fishing for today. Q. Okay. And did you hear -- did you actually hear the defendant's response? A. Not the actual words, no. Q. Okay. Shortly after that conversation, somewhere in the house, did Officer Spurlock whisper something to you? A. Yes. Q. And what was that? MR. McALLISTER: Objection. Hearsay. MR. DISTASO: It's Prop. 115, Your Honor. THE COURT: Overruled. THE WITNESS: He said that Scott didn't know what he was fishing for. MR. DISTASO: Q. And did you pass that information on to Detective Brocchini? A. Yes. Q. All right. There's a photograph there in front of you, People's 62. Can you hold that up just so Mr. McAllister can see which one we're talking about? A. (Witness complied.) Q. Okay. What -- was that rug present when you first entered the house? MR. McALLISTER: Objection. Beyond the scope of cross. THE COURT: I'll allow it. Overruled. MR. DISTASO: Q. Was that rug present in the house when you first arrived there? A. Yes. Q. And can you show on the diagram where that rug's located in the house? Just write "rug" wherever it is. THE COURT: Number 79. (EVIDENCE PHOTOS) MR. DISTASO: On People's 79. THE WITNESS: In the family room, it was right in front of this exterior door leading out to the backyard. MR. DISTASO: Q. And was the rug, when you first saw it, in the same condition it is in that photograph? A. No. Q. Okay. Can you tell the Court what -- describe for the Court how it was. A. It was lengthwise against the doorjamb and scrunched up to the doorjamb. Q. Okay. So it was like scrunched up against the doorjamb? MR. McALLISTER: Objection. Leading question. THE COURT: Sustained. MR. DISTASO: Well, I'm just trying to get him to clarify. Q. Go ahead and -- is that the best description you can give us? MR. McALLISTER: Objection. Leading question. THE COURT: Overruled. MR. DISTASO: "Is that the best description you can give us?" That's not a leading question. THE COURT: I overruled it. MR. DISTASO: Okay. THE WITNESS: Yes, it was directly in front of the door on the doorjamb, and it was scrunched against the doorjamb. MR. DISTASO: Q. Okay. Did you -- did either you or one of the other officers, in your presence, point that out to the defendant? A. I did. Q. And what was -- what did he say -- MR. McALLISTER: Objection. Beyond the scope of cross. THE COURT: Overruled. MR. DISTASO: Q. What did he say in response to that? Or let me just ask you. What did you tell him to draw that to his attention? A. I pointed out. It was the first time I noticed this rug scrunched up against the door, and I asked him, "Is that why -- or I asked him, "Is that always like that?" Q. And what did he say? A. He said -- he said, "Oh, no, the cat and the dog must have been playing in here." Q. And did he do anything to the rug in your presence? A. Yes, he did. Q. What was that? A. He took about one or two steps to the rug, carefully took his foot, and with his toe, he pulled it out from the door. Q. And when he pulled it out from the door, did it look like it does in People's 62? A. Yes. MR. DISTASO: Nothing further, Your Honor. THE COURT: Mr. McAllister. MR. McALLISTER: Just a second. THE COURT: I have one question. Detective Evers, you indicated that, when you first received the call, it was to go to a particular address, and then you ended up at the park. I didn't understand how you ended up at the park when you were dispatched to an address. THE WITNESS: There was further information that the family and Scott Peterson was down at the park, so I changed my direction of travel and went directly to the park. THE COURT: You got that over the radio? THE WITNESS: Yes. CONTINUED ON PAGE 6 PRELIMINARY HEARING INDEX ALIBI-WITNESS LIST TRIAL EVIDENCE-NEWS WIRETAPS HOME INDEX LACI SCOTT AMBER AUTOPSY INDEX ATTORNEY PICTURES |
| PRELIMINARY HEARING - DAY 5 Tuesday - November 4, 2003 Continued Testimony of Detective Evers - PAGE 5 Evers Testimony PG1 PG2 PG3 PG 4 PG 6 |
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