| CONTINUED FROM BROCCHINI TESTIMONY PAGE 1 A. Yes. Q. And where was that? A. They were in the backyard leaning up against the back fence, and the blue tarp was in the shed where the lawn mowers were. Q. Did -- on the 27th, during that search warrant, the boat cover that you testified to about being in the back of the defendant's truck, did you see that boat cover in a -- in any different location other than the back of the defendant's truck? A. Yes. Q. Where was that? A. It was in a small shed on the south side of the house underneath a gas leaf blower. Q. Did you notice if the leaf blower or -- did you notice anything about gas in regards to the leaf blower? A. Yes. Q. What was that? A. It was leaking on the tarp. Q. When -- do you remember which door of the truck you opened first? A. Yes. Q. Did anything happen when you opened the door to the truck? A. Yes. Q. What was that? A. The door of the truck bumped against the door of the Land Rover. Q. And did the defendant say anything in regards to that? MR. MCALLISTER: Objection. Irrelevant. THE COURT: Overruled. THE WITNESS: Yes. MR. DISTASO: Q. What was that? A. He offered to either move his truck forward, or he had a glove in his hand, he said, "I'll hold the glove between the door and the Land Rover." Q. Do you know what he was concerned about? MR. MCALLISTER: Objection. Speculation. THE COURT: Sustained. MR. DISTASO: Q. Did he say what he was concerned about? A. No, he didn't say it. I mean -- Q. Okay. Did he -- what -- did he put a glove between the cars? A. I told him I'd be more careful and I wouldn't let the door hit -- touch the Land Rover, and he didn't. Q. Is there a rear seat or rear area of the cab portion of the pickup truck? A. Yes. Q. Did you look in that? A. Yes. Q. And what, if anything, did you find? A. I saw the camouflage jacket that he told me he wore fishing. There was a Big 5 sport -- Big 5 sports bag in there with some -- with two fishing lures and a receipt. There were also two other bags from stores from the mall that had some clothing and some receipts that were kind of outdated. Q. And what did the defendant say about any of these items? MR. MCALLISTER: Objection. Ambiguous. MR. DISTASO: Well, okay. Q. You said you saw a tan jacket, correct? A. Yeah. Q. And what did he say about that? A. He said that was the jacket he wore when he was fishing. Q. And what did he say about the lures? A. I don't think he said anything about the lures. Q. Did he say anything about the Big 5 sales receipt? A. No. I don't think he said anything about it. Q. Did you ask him anything about the fishing license? A. I didn't ask him then about the fishing license. Q. Okay. At some point did you ask him about it? A. I never asked him. He read it in some papers, and then he gave it to me. Q. Okay. So you -- so you saw these items initially in his truck on the 24th, correct? A. Yeah. I just documented what I saw. I wrote -- I looked -- I read the receipt, I saw what was purchased, and I documented it. I didn't ask him about it at that time. Q. All right. Did you -- did you seize those items at that time? A. No. Q. At the search warrant of the defendant's house on December 27th, were those items subject to the search warrant? A. Yes. Q. And were they taken? A. Not from the house. Q. Okay. Were they, though, at some point seized that day? A. Yes. Q. And -- A. They're seized on the 27th. Q. Do you know, were those items in a location different than they were when you saw them in the truck on the 24th? A. Yes. Q. Where were they on the 27th? A. The Big 5 bag and receipt were on a shelf in the shop at 1027 North Emerald, and the two fishing lures and the camouflage jacket and the rope that was in the green box and the shotgun shells and some clothing were in the boat in a green duffel bag in the shop. Q. Just quick one second. I'm showing Mr. McAllister these photos. Were you -- when you saw the fishing lures, were they -- had they been opened or used? A. No. They were still in the package. Q. And when you saw them on the 27th, were they still in the original package? A. Yes. MR. DISTASO: 84 is the lures. MR. GERAGOS: 84? THE CLERK: 84 through 86. 84 through 86. (Whereupon, People's Exhibits 84 through 86 were marked for identification.) MR. DISTASO: 85 is the license. 86 is the receipt. MR. GERAGOS: Let me see the receipt. MR. DISTASO: Q. The -- let me show you People's 84. Do you recognize what's in that photograph? A. Yes, I do. Q. And what is that? A. Those are two fishing lures that I saw in Scott's truck on the 24th and a fishing license that was found in the green bag on the 27th in the boat, a two-day '99 fishing license. Q. Let me show you People's 85 -- MR. GERAGOS: I'm sorry. Two-day '99? THE WITNESS: Two-day 1999 fishing license that was found in the green bag in the boat. THE COURT: Mr. Geragos, you'll have to ask Mr. McAllister to ask those questions. MR. GERAGOS: I'll whisper it to him next time, Judge. Thank you. MR. DISTASO: Q. And People's 85, what is that? A. That's a color copy of the fishing license that Scott handed me on the 26th of December. Q. Okay. And where was -- where were you when he handed you that license? A. I was standing in his dining room. Q. And People's 86, do you recognize that? A. Yes. Q. And what's that? A. That's a -- that's a copy of the Big 5 Sporting Good receipt that I saw in Scott's truck on the 24th with the fishing lures in the bag that I later saw on the 27th in his shop. Q. Did -- was there anything else in the pickup truck that you thought was of interest or that you were involved with? A. Yes. Q. What was that? A. A handgun. Q. And what type of handgun was it? A. It was a Llama .22 caliber semi-automatic handgun. Q. And was there any ammunition in that gun? A. Yes, there was. Q. Just describe for the Court -- I mean, one was in the chamber, one was in the magazine? A. No, there was no round in the chamber. There was a magazine loaded with live ammo. Q. Did -- on the 24th, did you take that handgun? A. Yes, I did. Q. And what did you do with it? A. I booked it into evidence and had it sent to the Department of Justice. Q. At some point in the evening, did you leave your keys in the bed of the truck? A. Yes. Q. And when was that? Tell the Court what happened with that. A. As soon as I was done searching the truck, we were going to go to the shop, and I couldn't find my keys. I only took about five, ten steps away from his truck when I couldn't find my keys to leave, so I went back and told Scott I might have locked them inside his truck. He unlocked it, but I actually found them. They were just on the hump in the back of the truck. I must have set them there when I was moving the tarps around. Q. Okay. So when you say "the hump," you're talking the wheel well? A. Yeah. Q. And that was in the bed of the pickup truck? A. Yes. THE COURT: Are you talking about the center hump or the side humps? THE WITNESS: One of the -- it was just on the driver's side in the back of the truck. They were just in there. I just -- after I went back with my light, I found them, and I picked them up. MR. DISTASO: Q. How long -- where was the defendant when that happened? A. He was with -- he was right a couple feet, ten -- five, ten feet away from me. Q. Did you receive a receipt from detective or -- Detective Evers that the defendant gave him from the Berkeley Marina? A. Yes. Q. Now, does that -- what we just went through, does that cover what occurred at the defendant's house on December 24th? A. I mean, he -- you mean besides our conversation? I mean, he told me stuff while we were in the house. Q. Right. A. But that covers what I did. Q. Okay. After you finished looking at the vehicles, did you ask the defendant if he would take you to the shop? A. Yes. Q. And how did you go to the shop? A. He drove with me in my unmarked vehicle. Q. Okay. And where did he sit? A. In the front passenger seat. Q. At any time that evening was the defendant placed in restraints? A. No. Q. At any time during that evening was the defendant told he was under arrest or that he was being detained? A. No. Q. When you got to the shop, did you -- who all went to the shop? A. Scott and myself went in my car, and Jon Evers followed in his patrol car. Q. And when you got to this location, what was the address? A. 1027 North Emerald. And there was a suite number, but I don't recall what it is. Q. And just what happened when you got there? You first drive up, and what happened next? A. We -- we got out, and it's -- there's a -- like a single car rollup door on the outside and a small door that leads into an office. It's in a warehouse strip-mall-type complex. He unlocked the door, and we went into the office portion first. Q. So the defendant had a key to the office? A. He said he was the only employee and he had the only key. Q. Right. So he opened the door, and who went inside? A. Me and Scott and Jon. Q. And did -- what happened when you got inside? A. He told me there was no electricity. Q. What -- did you question him or press him on that at all? A. No. Q. And what did you see in the shop area? A. I saw a fax machine and a fax and a computer. Q. Did you -- when you saw those items, did you -- did you think about questioning him about his comment regarding the electricity? MR. MCALLISTER: Objection. Leading question. THE COURT: Sustained. MR. DISTASO: Q. When you saw those items, what happened next? A. I picked up the fax and saw it was dated the 24th, and I think it said 1428, a time on it, and I questioned him about the fax. Q. And what did he say? A. He said that he had received that fax before--he thought he received it before he left to go fishing, and he said it was a -- from New Jersey, so it was a three-hour time difference. And so I said it seemed if he got it at 11:30, that would have been kind of late to leave to go to Berkeley. And he thought, well, maybe he got it when he got back from Berkeley, but he remembered getting it and looking at it and reading it. Q. That particular day, on the 24th? A. On the 24th, yeah. Q. What was the -- what type of light source were you using in the office? A. My Streamline flash -- it's just a rechargeable flashlight. Q. Okay. And did Detective Evers -- was he present in the office at the time? A. Yes. Q. And did he also have a flashlight? A. Yes. Q. What happened next? A. Well, I asked Scott if he'd roll up the door so I could at least position my patrol car -- or my unmarked car in front of the shop, so I'd have some light besides my flashlight. And he said he would, and he did. Q. Did he open the door then? A. He opened the rollup, he rolled up the door. Q. The main door? A. The main door. Q. Is there a way to get from the office into the warehouse area of the shop? A. Yes. Q. And is that how you -- did you go into the warehouse area of the shop? A. I did. Q. Okay. I mean, how did you enter the warehouse area of the shop? A. I -- I recall coming through the rollup door. Q. So what light source, then, were you using to look into the warehouse area of the shop? A. The headlights, high beams on my car, and my Streamline. Q. And what did you see inside the shop? A. I saw a boat on a trailer, I saw a flatbed trailer next to it, a forklift behind the flatbed trailer, and then there was pallets of stacked -- pallets of, like, fertilizer product stacked too high all inside the shop. It was pretty full. Q. Okay. Let me show you People's 87. THE CLERK: Exhibits 88 to 92. 88 to 92. (Whereupon, People's Exhibits 88 through 92 were marked for identification.) MR. DISTASO: Q. Let's take a look at People's 87. Do you recognize what that depicts? A. Yes, I do. Q. What is that? A. That's a diagram of the shop. Q. And if you could, just -- you can use this pen. It's a little thicker. If you could just write -- just write "rollup door" where the door would be located. A. (Complies.) Q. Okay. And write "office door" where the office door would be located. A. There's two office doors, one that leads from the outside in, one that leads from the inside the office into the shop area. Q. Okay. Just put "inside door" where the inside door would be. A. (Complies.) Q. And you can go ahead and have a seat again. There's a -- what looks -- what appears to be a boat in that diagram. Is that the boat you were talking about? A. Yes, it is. Q. And did you ask the defendant if that's the boat that he took fishing that day? A. Yes, I did. Q. And what did he say? A. He said it was. Q. You said there was pallets of -- what did you say there were pallets of? A. Product, is what I called them. I assumed they were fertilizer. He didn't say. But they were just -- they were double stacked pallet on top of pallet, so they were pretty high, maybe ten feet high. Q. And they were throughout the rest of the warehouse? A. Yes. Q. These square boxes, there's a 157 on one of them, these square boxes throughout the diagram, is that rec -- does that depict those pallets that you just described? A. Most of them. Except for some of the ones on the south wall here, those were small crates, like milk crates next to the boat. Q. Okay. Can you just write -- just so we don't get confused, can you write "small milk crates" where those were? And just write "product" in one of the boxes. A. This was like a saw too. It wasn't product. I'll put "saw" on there if you want. Q. Yeah. Go ahead. A. (Complies.) Q. Okay. That's fine. Now, take a look -- well, actually, let me ask you this: What happened when you were in the shop? A. Well, I looked in the boat, and I took some pictures. Q. How did you take pictures? A. I got a 35 millimeter out of my car that I borrowed from a patrolman when we were at the house, and I pointed and pushed the click button. Q. Okay. The -- what were you using for a light source for that -- for taking those photographs? A. Just my headlights. And the camera does have a built-in flash, I -- that I was hoping that was working. Q. Okay. And did you review that film later on at some point? A. Yes. Q. And did all the photographs come out? A. No. Q. Did some of the photographs come out? A. Yes. Q. Let me show you what's been marked as People's 88, 89, 90, 91 and 92. And take a look at those photographs and see if you recognize those? A. Yes, I do. Q. 88 to 92. And what are -- what do those photographs depict? A. Number 88 is a photo of inside the boat. It shows two fishing poles, a spare tire, a life jacket, some yellow-handled pliers. Q. Did -- did you ask the defendant there at the shop anything about the items that were in the boat? A. No, I didn't. Q. Did the defendant say anything when you were gonna take the pictures of the boat, did the defendant make any comment to you? A. Yes. Q. What was that? A. He didn't want me to show his boss the photo of his boat in his shop. Q. Did you -- did anything else happen at the shop that we haven't already gone over? A. I -- there was other observations at the shop that you didn't let me describe in these photos. Q. Go ahead. Describe -- I didn't mean to cut you off. Go ahead and describe what was in the -- what those photos depict. A. Number 89 is a photo of inside the boat that shows a portion of an oar, a gas -- a gas can for the boat, and the green canvas bag. Number 90 shows -- is a picture of the license plate and a portion of the back of the boat and a portion of the flatbed trailer that was next to it. Number 91 is a photo of the inside of the back of the boat showing the battery box, the gas tank, a portion of the more -- motor. And Number 92 is the inside of the boat that shows the tackle box, a portion of the -- the front portion of the oar, and one homemade anchor. Q. Did you -- when you say "homemade anchor," what -- what do you -- describe that. What is it? A. It looked like a piece of cement that was made in a bucket of some type, and it had a rebar hoop cemented into the top, and it was -- there was loose concrete in the boat, and this block of concrete had, like, chippings gone, like as if was bouncing and breaking up in the boat. Q. Did you ask the defendant about that? A. No. Q. Did you take anything out of the boat? A. No. Q. Did you touch anything in the boat? A. No. Q. So you just looked in the boat and took some pictures? A. Yes. Q. And did you ever -- did you actually get inside the boat? A. No. Q. So you're doing this all just from standing around the boat or what? A. I might have been -- I was standing on the flatbed trailer next to the boat for some of the pictures, and the other ones, I was standing in front of the boat, like almost outside shooting in. Q. Okay. Can you just take the pen and write on -- write on that diagram where the flatbed trailer is, and just briefly describe it for the Court. A. It's right next to the boat, and it was backed in so that the tongue and the front of the boat and the tongue of the boat were kind of even. Q. Was the -- was the boat itself on a trailer? A. Yes. Q. All right. Separate -- separate from the flatbed that you just talked about? A. Yes. THE COURT: Why don't we take our recess here until 11 o'clock. (Recess: 10:45 a.m.) CONTINUED ON PAGE 3 PRELIMINARY HEARING INDEX ALIBI-WITNESS LIST COURT DATES AUTOPSY INDEX WIRETAPS HOME INDEX LACI SCOTT AMBER LACI'S ALBUM CEMENT INDEX |
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| McAllister & Brocchini |
| LACI & CONNER Forever In Our Hearts |
| PRELIMINARY HEARING - DAY 6 Thursday - November 3, 2003 Testimony of DETECTIVE BROCCHINI - PAGE 2 |
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