prelim-day3-sharon-testimony2

CROSS-EXAMINATION -MR. GERAGOS: (Continued from Page 1)
Q. Good morning.
A. Good morning.
Q. The day you were over the last time you saw Laci was on the 15th of December?
A. Yes.
Q. That was at the house on Covena?
A. Yes.
Q. Okay. On that day, did it appear to you that there were any problems between Scott and Laci?
A. No.
Q. Okay. Did it appear to you up until -- I guess you talked to her on the 23rd. But from the fif -
is it a fair statement from the 15th obviously to the 23rd you hadn't seen her physically?
A. That's correct. They were out of town a few days.
Q. Right. They'd gone I think with Jackie and Lee to Carmel someplace?
A. Yes.
Q. And is it a fair statement that you had at least talked to her on the phone at least once,
twice, during that time period at least?
A. More than that.
Q. Okay. And did she indicate any problems at that point to you?
A. Problems?
Q. In terms of her and Scott.
A. No.
Q. I'm not asking for what they were, but any problems whatsoever?
A. No.
Q. You've known Scott since you said roughly 1994?
A. Yes.
Q. During that entire time -- you've obviously known Laci or knew Laci that entire time as well.
She never confided in you any problems in the relationship; isn't that correct?
A. Not really problems. Just a few little things that we had talked about but --
Q. Marital bumps in the road?
A. Right.
Q. Okay. Something -- you've been with your companion for 26 years.
A. Exactly.
Q. You can't go a year without having some bump in the road.
A. Right.
Q. But nothing of any consequence to your mind; isn't that correct?
A. That's correct.
Q. Okay. In fact, is it a fair statement -- you talked to Laci every other day and you'd see her how often?
A. Oh, probably at least once a week, if not more than that.
Q. Okay. Is it a fair statement that you also talked to Scott fairly frequently?
A. Yes.
Q. Okay. Maybe some period -- for some periods of time, you talked to Scott even more than
you'd talk to Laci, maybe on one two-week period or one one-week period?
A. Not that I recall. I mean, if I would call and Scott would answer the phone, we'd have a conversation.
Q. Okay. You considered yourself close to Scott?
A. Yes, I did.
Q. Okay. And is it a fair statement that prior to the 24th, that you thought the world of him?
A. That's correct.
Q. Okay. Also the -- when they moved to Modesto, you heard Amy testifying, they lived in a
different house; is that correct?
A. Yes.
Q. And that was a house they were renting?
A. Yes.
Q. Okay. When they moved to Modesto, it was Laci's intention to get pregnant. I assume she
had made that known?
A. No. Actually, she told me that she just wanted to be back home closer to her family. Her
grandmother had passed away earlier, a couple of years before. So --
Q. Dennis' mother?
A. That's correct.
Q. Right. And she moved back initially because she was somewhat concerned about Dennis'
father; isn't that correct?
A. Yes.
Q. And I asked it inartfully to begin with. That's why she moved to Modesto was because of the
situation involving Dennis' parents and her grandfather; her paternal grandfather was fairly ill
and suffering from some problems?
A. Right.
Q. Then sometime after that, she -- after having moved to Modesto, she started expressing an
interest in having a child?
A. Yes, she was very anxious to have a baby.
Q. Okay. Now, is it a fair statement that she was also concerned about her appearance and her health?
A. How do you mean "concerned"?
Q. She was somebody who took great care as to how she looked and how she dressed; isn't that correct?
A. Yes.
Q. Okay. And when -- in having the baby, she was very serious about what she was going to do, physically
keeping herself fit and taking care of herself; isn't that correct?
A. Yes.
Q. She -- before she got pregnant, she would enjoy wine; is that correct?
A. Yes.
Q. After she started to attempt to get pregnant, she stopped drinking alcohol altogether; isn't that correct?
A. No, not until she discovered that she was pregnant.
Q. Okay. So when she was tested, came back positive she was pregnant, then she swore off alcohol?
A. I think I remember her telling me that she had a glass of wine or a couple of sips of wine one time.
Q. Okay. Do you know if she had any other changes in her habits? Did she stop drinking caffeine or things that contained caffeine?
A. I'm not sure.
Q. Okay. Did she ever --
A. I don't think she drank as much, if she did. I'm not really sure.
Q. Okay. Did you ever see her drink coffee while she was pregnant?
A. I don't recall.
Q. Did you ever see her eat chocolate while she was pregnant?
A. Oh, yes.
Q. Did you see that all throughout the pregnancy?
A. Yes.
Q. And then as she was pregnant, she was, as far as you were aware, when she was complaining about this throwing up or getting sick, that was when she was getting McKenzie for walks; is that correct?
A. Yes.
Q. Okay. And she would walk -- did you ever walk with her?
A. I have walked with her.
Q. Okay. When you walked with her, would she take - how many times would you say you walked with her?
A. Just a couple of times and it was -- it may even have been before she got pregnant or just in the very
beginning of her pregnancy.
Q. Okay. So as you sit here today you don't -- you never took any notes of it obviously. You don't remember
the exact days you went walking with her?
A. No, I don't.
Q. When you took those walks, did you go into the neighborhood itself or did you go down into the park?
A. We went to the park.
Q. When you went down into the park, from the house, you go towards the end of the cul-de-sac.
Do you know where I'm talking of?
A. Yes, I do.
Q. Okay. And when you go down to the end of the cul-de-sac, there is kind of a fence with a trail.
A. Uh-huh.
Q. Do you know where I'm talking about?
A. Yes, I do.
Q. Now, that trail as you go down is fairly steep, isn't it?
A. Yes, it is.
Q. Okay. And is it a fair statement that, if that trail was wet or even if it wasn't wet, because of the steep
grade, it's not likely that somebody who was seven-and-two-thirds-months pregnant is going to be going
down that trail there, is it?
A. That's correct.
Q. The fact of the matter is, though, that she did still try to walk at the later stages of her pregnancy; isn't that correct?
A. Not that I'm aware of.
Q. Well, when you last --
A. The last time we talked about it was when she was sick, when she got sick in the park.
Q. You told her to stop walking, didn't you?
A. Yes, I did.
Q. Okay. You weren't confident that she was going to listen to you, were you?
A. No, I wasn't.
Q. Fair statement that Laci was a determined young lady?
A. Yes, she was.
Q. Okay.
A. I told her to at least take her cell phone with her in case anything happened.
Q. Okay. I'm not using the word, but in the police reports, I think I won't quote whether it was you or Ron,
but somebody described her as headstrong. Is that a --
A. That was Laci.
Q. And you couldn't really tell her what to do; she was going to do what she was going to do and that was it.
Is that a fair statement?
A. I think a lot of that she would at least listen and take it into account, but she still did whatever she
decided was the best.
Q. Okay. And as far as you know, even though you'd expressed concern about her walking, as far as you
know sitting here, you don't know whether she was still walking or not?
A. No, I don't.
Q. Okay. When you would go over to the house, the last time was the 15th, would you see McKenzie
come in and out of the house?
A. I have, yes.
Q. Did they also have a cat?
A. Two cats.
Q. Two cats. And were the cats inside the house on occasion?
A. I think in the beginning I remember seeing when they were babies, but I don't remember seeing
them as adults.
Q. Okay. The call that you got from Laci on the 23rd, which you said you were on the other line, do
you remember who you were speaking to?
A. I was talking to my friend Sandy.
Q. Okay. And you and Sandy were talking and then Laci called and you had Call Waiting and switched over?
A. Yes.
Q. And you had kind of a short conversation?
A. Yes.
Q. Were you planning on seeing her on the 25th or on the 24th?
A. The 24th.
Q. That was at your house?
A. Yes.
Q. Is that correct?
A. Yes.
Q. She was going to come over and bring some item of food?
A. No, actually, we hadn't talked about her bringing anything over.
Q. Okay. Was that something she would do on occasion, bring something over?
A. Occasionally, yes.
Q. Okay. The -- during that phone call, she indicated that she was tired; is that right?
A. Yes.
Q. Had she indicated that she'd been to the salon -- it's called Salon Salon, isn't it?
A. Yes, it is.
Q. Had she indicated that she'd just that evening been to Salon Salon?
A. I don't recall. I know she told me that she had a doctor's appointment that day.
Q. Did she tell you about the doctor's appointment?
A. No, she -- well, she just said everything was well, it was fine.
Q. Okay. Did she tell you that she had -- anything else about the day at that point?
A. No. Like I said, it was a brief conversation because I was on the other line.
Q. Maybe 30 seconds to a minute?
A. Oh, a minute or so.
Q. Okay. The next day when you got the call from Scott, what time were you expecting Laci and
Scott at your house on the 24th?
A. 6:00 o'clock.
Q. Okay.
A. And that's why I remember the time because I was in the kitchen and I saw the clock on the stove
that said 5:15, and I remember thinking I needed to get myself put together before everybody got there.
Q. And at that point, when you went over to the park, you were being driven by another friend?
A. That was Sandy again.
Q. Sandy again. And when Sandy was driving you over, do you remember the time? Did you go back
and look at a cell phone or --
A. Yes.
Q. So when you -- you don't have a memory such that you remember the exact minutes?
A. No.
Q. You had refreshed your recollection?
A. Did I say 5:32?
Q. 5:32 is what you said.
A. No, that's wrong. That's when I called him. It was 5:49.
Q. 5:49. So it was 5:49 when you called him. What time do you think you saw him in the park?
A. I couldn't tell you. Time seemed to just slow down.
Q. I was going to ask that. Obviously this whole event has been horrific. Time just seems to stop
or move at a glacial pace?
A. (Affirmative nod.)
Q. Isn't that a fair statement?
A. (Affirmative nod.)
Q. And you don't know exactly when it was you saw him?
A. No.
Q. And you don't know -- his back was to you when you were yelling at him; isn't that right?
A. No, he was kind of sideways.
Q. Okay. But not facing you directly?
A. No, he was approaching this way and I was looking this way, so he was sideways.
Q. Okay. How old is your nephew that came running up to him?
A. I think he's about 26 or 27.
Q. Okay. And when he came up, he got Scott's attention --
A. Yes.
Q. -- at that point? Was that shortly after -- and obviously with the proviso that you're not timing
anything. But shortly after you had said something, your nephew approached him?
A. It was pretty much at the same time. I was still calling Scott's name as I remember seeing
Zachary go by me and run up to him.
Q. Okay. That's what I was getting to. You're yelling "Scott." You got kind of a profile view?
A. Right.
Q. And as you're yelling "Scott," up walks or runs your nephew, whose name is?
A. Zachary.
Q. Zachary. At that point you see Zachary and Scott engage in some kind of a conversation?
A. Uh-huh.
Q. You have to answer yes for the court reporter.
A. Yes.
Q. Scott at that point has McKenzie on a leash with him?
A. Yes.
Q. Okay. And as -- are they walking alongside of the bank of the river?
A. Yes.
Q. And is the -- is there a grade going down to the river that you're aware of?
A. It just kind of drops off.
Q. Okay. Kind of an embankment?
A. Yes.
Q. Okay. The -- is there a bridge over there?
A. Not in that area.
Q. Okay. How far away from the bridge -- I guess you and I don't know the exact bridge we both
have in mind. But which bridge are you thinking of?
A. Are you asking me about the footbridge?
Q. The incident where you see Zachary come up. I'm just trying to get a picture of where Scott was at that
point, a mental picture, if I could, in the park.
A. Okay. We would be closer to the bridge, the large bridge that goes over the river on Oakdale Road.
Q. Okay. Kind of -- if you were heading across the bridge from the park, the hospital would be up the
embankment? It's actually not a hospital. But a series of buildings farther up.
A. There are homes on Scenic.
Q. Oh, more the residential area?
A. Yes.
Q. Okay. The -- you said you weren't aware of the boat; is that correct?
A. That's correct.
Q. Okay. And that Ron is an avid fisherman?
A. Yes.
Q. Is that correct? Ron will fish at the drop of a hat; is that correct?
A. That's correct.
Q. It would not be unusual for Ron to go fishing like that --
A. That's right.
Q. -- make a split-moment decision to go fishing; is that correct?
A. Yes.
Q. Okay. Did Laci confide in you about all purchases that she was making for things of --
A. No, not everything.
Q. Okay. Would you say -- is it a fair statement also that Laci was also a private person as well,
that she valued her privacy?
A. I would say to an extent, yes.
MR. GERAGOS: Could I have just one moment, Your Honor? Thank you very much, Mrs. Rocha.
I don't have any more questions.

REDIRECT EXAMINATION -MR. DISTASO:
Q. Mrs. Rocha, Counsel just asked you about whether or not Laci would confide in you regarding
purchases. Would she confide in you, though, or would she confide in you regarding larger
purchases, such as the pool of their home or a new car?
A. Yes.
Q. Did she tell you about the pool of her home?
A. Yes.
Q. When she was getting it?
A. Yes.
Q. Did she tell you when they would purchase a new car?
A. Yes.
Q. Did she tell you when I believe the defendant or somebody installed a new barbecue in their home?
A. Yes.
Q. And what about if she received -- if she purchased a new couch or new furniture for the home?
A. Yes.
Q. Would she tell you that type of thing?
A. Yes.
MR. DISTASO: Nothing further, Your Honor.
MR. GERAGOS: I had one other question.

RECROSS-EXAMINATION - MR. GERAGOS:
Q. Before the 23rd, they had -- Scott and Laci had a truck, which I think you've got a picture of
up there; is that right?
A. Yes.
Q. And they had a Land -- an older Land Rover; is that correct?
A. Yes.
Q. And they bought the Land Rover used?
A. Yes, I believe so.
Q. Okay. And it had a lot of miles on it; isn't that correct?
A. I don't know how many miles were on it.
Q. Okay. Had you ever been in that car?
A. Yes, I had.
Q. Okay. Did you ever see Laci in Scott's truck?
A. Driving it or as a passenger?
Q. No, as a passenger. I mean, when they would come to your house, would they ever drive the truck over?
A. I want to say yes. I think so.
Q. Okay.
A. But I'm not a hundred percent sure.
Q. I've got some interviews with the police and I believe in one of those you had told -- you know
Detective Grogan; is that correct?
A. Yes.
Q. Do you remember telling Detective Grogan that she would oftentimes ride in the truck?
A. No, not off the top of my head I don't remember that.
Q. Okay. But you do remember her being in the truck?
A. I can remember them coming over. I can remember seeing Scott's truck out there, and I'm sure
Laci was probably there with him.
Q. Okay. You don't think she walked there separately?
A. I don't think she walked, no, but she may have already been at the house in her car. That's my hesitation.
Q. Okay.
A. But I think -- I'm pretty sure I remember actually seeing her in the truck.
Q. In the truck itself?
A. (Affirmative nod.)
MR. GERAGOS: Thank you. I have no further questions.Thank you.
MR. DISTASO: I have nothing further.
THE COURT: You may step down.

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