BROCCHINI: It's Number 87, Your Honor. I'll put a one and a circle. I know I was standing -- like right here would be one photo (indicates).
BROCCHINI: I put a two in a circle. Maybe right here and a circle (indicates). I know I took one from out here (indicates) --
McALLISTER: That would be three with a circle?
BROCCHINI: Three and a circle. And I took some more, I might have took one or two, maybe -- I don't know exactly where. I just remember I was on that trailer, and I was taking pictures of the boat. I'm going to put four, because I think I took another one of another area of the front, more front of the boat.
McALLISTER: Okay. So what you've got there, one, two, three and four, those would be the areas where you were standing when you took the various pictures that you took?
BROCCHINI: That's what I recall.
McALLISTER: And so the pictures -- the pictures, other than the one from the foot of the boat, the closeup pictures were taken from the vantage point of standing on the trailer adjacent to the boat itself; is that right?
BROCCHINI: That's what I remember.
McALLISTER: Okay.Not only did Brocchini stand on the flatbed trailer to take his photos, but Scott also was on the trailer, at Brocchini's request.
BROCCHINI: I said, "Scott, I forgot my notebook in the shop. Let's go back and get it." He said, "Okay."
DISTASO: All right. Did you go back to the shop?
DISTASO: Who opened the door?
DISTASO: Had the door been -- when you left the shop, was the door locked?
DISTASO: What happened next?
BROCCHINI: I followed Scott in with my Streamlight. We went in through the office door, through the inner office door. Scott jumped over the trailer, picked up my bifold. It was in the boat. Handed it to me, and we left, came back to the station.I doubt Scott could jump over the trailer in one leap, but from the inner office door, Scott did have to go over the trailer to get to the boat. Here's the diagram of the warehouse that was used at the Trial, People's Exhibit 148, with the evidence placards indicated:
And here are the evidence items for the placards 127-141. It's highly unlikely that Scott could avoid the "concrete mess" entirely as he crossed over the trailer, as he likely would have crossed the trailer in the area of items 138 and 139--both identified as "voids" or, in their imaginations, concrete circles. The complete evidence list can be viewed at http://pwc-sii.com/Research/scenes/warehouse.htm.
- Item 128, clear plastic water pitcher
- Item 129, Craftsman sledge hammer with wooden handle
- Item 130, Gray powder sample collected from off the top of the trailer. Included in the power mix were several wood screws
- Item 131, photo only of a possible blood sample, PVC apparatus
- Item 132, ready-mix sample taken from floor
- Item 133, Delta Houser chisel Mortiser, serial #016064Q, collected from on top of the trailer in the warehouse
- Item 134, Cardboard flap for the box in which 133 arrived, including the packaging contents and tracking label
- Item 135, Photo of area on top of the trailer which appears to have a void of cement powder
- Item 136, Photo of area on top of the trailer which appears to have a void of cement powder
- Item 137, Photo of area on top of the trailer which appears to have a void of cement powder
- Item 138, Photo of area on top of the trailer which appears to have a void of cement powder
- Item 139, Photo of area on top of the trailer which appears to have a void of cement powder
- Item 140, A red and blue plastic bucket, both of which have been used and contain some residue on the inside
- Item 140A, a pair of black rubber boots, pair of white socks with red toes, one blue glove, Gore-Tex type, and one black watch cap found in the red tub
- Item 141, A Vaughn hammer with wooden handle
Another indication of Brocchini's duplicity is that he initially lied during the Preliminary hearing when he said he did not touch anything in the boat:
And again:DISTASO: Did you take anything out of the boat?BROCCHINI: No.DISTASO: Did you touch anything in the boat?BROCCHINI: No.DISTASO: So you just looked in the boat and took some pictures?BROCCHINI: Yes.DISTASO: And did you ever -- did you actually get inside the boat?BROCCHINI: No.
But then McAllister hands him some rope and he hangs himself:DISTASO: When I asked you if you'd touched anything in the boat, did you touch any of the items in the boat?BROCCHINI: I didn't touch anything in the boat. I set my thing on the boat to take pictures, but I never touched anything in the boat.
McALLISTER: Okay. One question on that tackle box. That has some kind of a hasp closing it?
McALLISTER: Snap or something? All we see is the hinge side of that, don't we? What's your recollection of the other side of that? Is there something, a lip or something that it has to go over?
McALLISTER: So when you opened it physically, what did you have to do to open it up?
BROCCHINI: I think I had to move a little plastic thing and flop the lid open.
McALLISTER: Okay. Now, was that done before or after the photo was taken?
BROCCHINI: I don't remember.
McALLISTER: Okay. And then you -- to get to that box, you climbed into the boat to be able to open that box up, didn't you?
McALLISTER: You did not?
BROCCHINI: I did not.
McALLISTER: So what did you do? Reach over from the trailer into there?
BROCCHINI: No. I was standing on the ground, and I just reached in and opened the lid and looked in it.
McALLISTER: And did you reach into the boat and touch or manipulate or open anything else in the boat?
BROCCHINI: No.Now, seeing him caught in the lie about not touching anything in the boat, do you really believe anything he says?