| FRIDAY - October 31, 2003 -- 10:50 a.m. THE COURT: Everyone's present. Your next witness for the prosecution. MR. DISTASO: Your Honor, just for the record, Mr. Harris is probably going to come in a little late. He's doing something else. But I'm ready to go. Sharon Rocha. THE CLERK: Please raise your right hand. SHARON ROCHA, called as a witness for and on behalf of the People, having been duly and regularly sworn, testified as follows: THE WITNESS: Yes, I do. THE CLERK: Please have a seat. Put the microphone around your neck. DIRECT EXAMINATION - MR. DISTASO: Q. Ms. Rocha, would you state your full name and spell your last name for the record? A. Sharon R. Rocha, R-O-C-H-A. Q. And Laci Peterson was your daughter; is that correct? A. Yes. Q. Let me show you People's 44. Is this a picture of Laci before she died? A. Yes. Q. And did you know when this picture was taken? A. December 14th. Q. Of 2002? A. Yes. Q. So is this a fair representation of what Laci looked like, even as late as December 23rd, 2002? A. The last time I saw her was December 15th. MR. GERAGOS: I'm sorry? Last time -- THE WITNESS: I saw her was December 15th. MR. GERAGOS: 15th. Thank you. MR. DISTASO: Q. And do you know where this picture was taken? A. No. Q. Now, were you and Laci -- can you describe for the Court your relationship? A. Laci and I were very close. Q. And can you give a little more detail than that? I mean, what do you mean by that? Would you talk regularly or that type of thing? A. We talked probably at least every other day or every couple of days. We did things together. We went shopping together. We would go to the movies together, have lunch together. Q. And the types of things that you would talk about or share, would that be normal mother- daughter type of things? A. Yes. Q. Just like would Laci tell you about her everyday life? A. Yes. Q. And would you tell her also about your everyday life? A. Yes. Q. Did Laci tell you when she became pregnant? A. Yes. Q. How was Laci? How did she feel about that? A. She was ecstatic. Q. Did -- I take it from what you've told me that you were aware of Laci's condition both mentally and physically as the pregnancy progressed? A. Yes. Q. Did -- in the latter part of December of 2002, were you aware of what physical effects the pregnancy was having on Laci? A. Yes. MR. GERAGOS: Objection. Calls for hearsay. THE COURT: Overruled. That's a complaint of injury or pain. Proceed. MR. DISTASO: Q. Go ahead. Did Laci tell you what physically she was feeling about the pregnancy? A. Yes. She said that she was very tired all the time. She was surprised that she was so tired. She said that she was still getting sick or she had started to get sick again in the mornings, and she had to eat as soon as she got out of bed in order not to be sick. Her feet were swelling, so she was having a hard time walking, and her back was aching a lot. Q. Did you actually observe some of these physical symptoms that you've just talked to us about? A. I didn't see her feet swelling. When I did see her or talk to her, I could hear that she was very tired or see that she was very tired. Q. Okay. When was the last time that you physically saw Laci in life? A. December 15th, 2002. Q. And what was her physical demeanor or affect on that day? A. She seemed to be fine. She was a little slow, but she had made dinner for us. Q. Okay. And where did that take place? A. At her house. Q. Before we go into that, can you tell me what effect mentally the pregnancy had on her? I mean, did it -- by that, I don't mean did it cause her to go crazy. I mean, how was she feeling about it? MR. GERAGOS: Objection. Calls for speculation. Also hearsay. THE COURT: I think that is speculation. Sustained. MR. DISTASO: Q. Were you aware of what preparations Laci had made, you know, in preparation for having the baby? A. Yes. Q. And can you tell us about that? A. Are you talking about the room and that sort of thing? Q. Yes, uh-huh. A. She had bought her crib and her bedding, and she had decorated the room, and she was just waiting for the baby. Q. And let me ask you about an exhibit. This People's 47 here, do you recognize the truck that's depicted in that photograph? A. Yes. Q. Whose truck is that? A. Scott's. Q. And when you say Scott, do you mean the defendant in this case? A. Yes. Q. Scott Lee Peterson? A. Yes. Q. Just for the record, do you recognize Mr. Peterson as he sits here today? A. Yes, I do. Q. And the boat that is being -- that is behind the truck, do you recognize that boat? And let me tell you, nothing that you've seen in the media. Do you recognize that boat from anything you personally saw? A. No. Q. Did you have any knowledge at all from any source prior to December 24th, 2002, that the defendant in this case owned a boat? A. No. Q. Had -- so I take it, from your saying that, that you personally have never been in that particular boat? A. That's correct. Q. Never even really near it? A. That's correct. Q. At any time prior to December 24th of 2002, were you aware from any source that the defendant, Scott Lee Peterson, was having an affair with a woman by the name of Amber Frey? A. No. Q. Now, how long have you known the defendant in this case? A. I believe since the summer of '94. Q. And did you meet him while he and Laci were dating prior to their marriage? A. Yes. Q. And then I assume then that you have known him since that time, including through the marriage relationship; correct? A. Yes. Q. All right. Can you tell me about the last time on December 15th, the last time that you physically saw your daughter? Just tell us what happened on that day. When was the last -- tell me when you first saw her and what happened. A. She had called that day and invited us over for dinner that evening. We went over. We had dinner. Then we were sitting in the living room, watching television. She was on the love seat, and Ron and I were on the sofa, and Scott, I believe, was sitting in the floor, if I remember correctly; and she had asked if I wanted to feel the baby. MR. GERAGOS: Objection. Hearsay. THE COURT: Sustained. MR. DISTASO: Did -- well, again, Your Honor, I'm not actually offering this statement for the truth. I'm offering it to show why Ms. Rocha took the action that she then took. THE COURT: I will sustain it, but you can just ask her what action she took after she talked to her. MR. DISTASO: Q. Okay. Did Laci ask you a question? A. Yes. Q. And what happened -- what did you do in response to that question? A. I went over and set next to her and I put my hand on her stomach to feel the baby kick. Q. And could you actually feel the baby kicking? A. No, I never felt him. Q. All right. Now, regarding the boat, is -- Ron Grantski is your long-time companion; is that right? A. Yes. Q. And how long have you been together? A. Twenty-six years almost. Q. Regarding the boat that the defendant owned, would that have been something that Ron would have been interested in? A. Yes. Q. And why is that? A. Because he's an avid fisherman and he's mentioned it several times. Q. Now, let's go to -- when was the last -- the last time that you actually spoke to your daughter? A. It was on December 23rd, about 8:30 PM. Q. And tell the Court what happened. How did you speak to her? A. She had called -- I had asked them on a couple of different occasions to come to our house on Christmas Eve, and she called about 8:30 Monday evening to tell me that they would be coming to our house for dinner. Q. And how long did that conversation last? A. It was only a couple of minutes because I was on another line. Q. Did -- were you able to tell in those couple of minutes anything about Laci's physical demeanor at that time? A. She sounded very tired, and I asked her if she was feeling all right, and she said that she was just really tired. Q. And you said that was around 8:30 in the evening -- A. Yes. Q. -- on the 23rd? Did you hear from Laci ever again after that phone call? A. No. Q. When is the next time -- or when were you made aware that there was some problem and that Laci was missing? A. It was about 5:17 PM December 24th when Scott called. He asked if Laci was at our house, and I told him no, and he proceeded to tell me that her car was in the driveway and the dog was there with his leash on and Laci was missing. Q. Did -- what did you do after hearing that? A. I told him to call her friends to see if any of them had heard from her or if she was at their house, and I told him to call me back immediately. In the meantime, I ran down the hall and I told Ron that Laci was missing. And then Scott called back. He said that none of her friends had heard from her or talked to her that day, and so I told him to go to the neighbors' to see if she was at a neighbors' house and to call me right back. After that conversation, I started to change my clothes to put warmer clothes on, because I'd already decided that when he called back, if he hadn't found her, that I was going over there. Q. Okay. What was your -- what was your demeanor at that time? A. I was getting really scared by then. When he said the word "missing," that's what concerned me. It wasn't that she wasn't home or he couldn't find her; he said "missing." Q. Okay. And do you know about what time that call came in? A. The first call was about 5:17. Q. After -- did the defendant then call you back? You told him to call her friends and check around; correct? A. Yes. Q. And did he then call you back? A. Yes, he did. And then that's when I told him to check with the neighbors, and then he called back again and said that nobody had seen her; and I went down the hall and I told Ron to call the police, and I called my friend to come and pick me up to take me over to the park. I told him I was going to the park. Q. Okay. And why did you want to go to the park? A. Because Scott had said that McKenzie had his leash on. Q. Did -- A. So I was concerned that she had told me earlier, several weeks prior to that, that she had gotten sick and had to sit down and she was throwing up and she felt as though she was going to pass out. That happened a second time. She didn't get sick, but she felt she was going to pass out. So those were the first thoughts that I was thinking about that something had happened to her in the park. Q. Okay. Did she tell you those instances where she became ill were in relation to when she'd been out walking? A. Yes. Q. So did you then go to the park? A. Yes. Q. How did you get there? A. My friend Sandy Brickard [phonetic] had came and picked me up and took me over to the park because Ron was told to stay at home and wait for an officer to come to our house. Q. In the meantime, had someone called 911? A. Ron had. Q. What happened next? Did you go to the park? A. Yes. Q. Where did you go? A. We went to the entrance near the tennis courts, and then I got out of the car and I was just running all around that area and towards the river and along the path screaming her name. Q. And there was no response? A. No. Q. What happened next? A. I remember looking in trash cans and -- with a flashlight and trying to find her. I was just running all over the park trying to find her. Q. Okay. Let me stop you there for a second. The -- can you describe for me, what were the lighting conditions in the park? It was dark; correct? A. It was dark in outer areas. The lights were on within the park itself, and then they did shut off one or two times. They had gone off and they came back on. But the outer areas of the pathway were dark. Q. Did you make plans or had you made any plans to meet up with the defendant? A. Yes. I called Scott. That was about 5:32 as we were driving over the bridge at Scenic and Oakdale and told him that I was going to the park and told him where I was going to be and asked him to meet me there. Q. Okay. Did you meet up with the defendant that night? A. Yes. Q. Can you tell the Court what happened? A. It seemed like it was a long time, but I remember wondering where was he. It seemed like it took a long time. Then when he -- when I did see him, he was walking along the river, looking towards the river, with McKenzie's leash in his hand. Q. Let me stop you. He had the dog with him; is that right? A. Yes. Q. Okay. Go ahead. A. Yes. I remember yelling to him, yelling his name, and I didn't get a response. Q. How far away from him were you? A. Not far at all. Maybe 30 feet. Twenty, 30 feet. Q. Okay. So can you just give the Court an idea? Were you as close as you and I are here today in the courtroom or further? A. No. No further than the back of the room. THE COURT: About 40 feet. THE WITNESS: Forty feet. MR. DISTASO: And the courtroom's measured so they have it. Q. And what happened next then? A. I remember seeing my nephew run by, and he ran up to Scott and he was talking to Scott. Q. And then did the police then eventually arrive at the park? A. Yes. Q. In all the times you've known the defendant, are you familiar with what his hair color is? A. Yes. Q. And as he sits here today, do you see the hair color that he has? A. Yes. Q. Is that his natural hair color that you've observed? A. Yes. Q. Did you ever see him to have an orange or reddish tint in his hair? A. Not that I recall. Q. Let me show you some photographs. MR. GERAGOS: Objection. There would be an objection. I believe she was still answering the question. THE WITNESS: I was going to say I've seen it a little bit lighter, like in the summertime. THE COURT: She finished it.Next question. MR. DISTASO: Let me show you -- THE COURT: Objection's overruled. MR. DISTASO: Q. -- both 45 and 46. Did you ever see the defendant have hair color such as in those two photographs? A. No. Q. And did you ever see him to wear a large, heavy goatee like he has in that photograph? A. Not that I recall. MR. DISTASO: Nothing further, Your Honor. MR. GERAGOS: May I inquire? THE COURT: Go ahead. CROSS-EXAMINATION -MR. GERAGOS: PAGE 2 SHARONS TESTIMONY AT TRIAL PRELIMINARY HEARING COURT DATES LACI SCOTT EVIDENCE-NEWS ALIBI-WITNESS LIST HOME INDEX INCONSISTENT STATEMENTS AMBER WIRETAPS AUTOPSY INDEX |
| LACI & CONNER Forever In Our Hearts |
| PRELIMINARY HEARING - DAY 3 TESTIMONY OF SHARON ROCHA - PAGE 1 |
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