Laci Sightings Were Not a Priority

“Laci sightings were not a priority.” This shocking statement was made by lead detective Craig Grogan during his testimony in the case against Scott Peterson. Unfortunately, the statement is very accurate. The only Laci and/ or McKenzie sightings followed up by the Modesto Police were completed within the first 72 hours after Laci went missing. All tips regarding sightings of Laci and/or McK were ignored by MPD after December 27, 2002.

The investigation and prosecution of Scott Peterson cost Stanislaus County CA $4.13 million dollars. It is impossible to understand why virtually none of this money was spent following leads to find Laci while she was still alive. Within 3 days after they were notified that Laci was missing, the MPD detectives decided that Laci was dead and that Scott had murdered her. Approximately 24 hours after the Laci Peterson tipline opened on December 26, the MPD was ignoring tips that proved Laci was alive at the time Scott Peterson left home on December 24.

These were the only people contacted by MPD about the sightings:

Mike Chiavetta:
• Interviewed by motorcycle policeman (Officer Nicolai) on 12/25/02
Victoria Pouches
• Contacted by Officer Beffa 12/25/02
Chris Van Sandt
• Spoke with Detective Brocchini by phone 12/25/02
John and Karma Souza
• Interviewed by Detective Phil Owen on 12/27/02 (taped phone call)
Diane Campos
• Personal interview with Phil Owen on 12/27/02

Scott’s defense attorneys did not have access to the MPD tip sheet until May 2003. However, they did learn about some of the other sightings. Tony Freitas called a defense investigator on January 20, 2003. Homer Maldonado called Sharon Rocha and Brent Rocha. An article about Vivian Mitchell appeared in the Modesto Bee on February 27, 2003. Martha Aguilar lived only two blocks from the Peterson’s house on Covena. The defense also learned about Gene Pedrioli and Grace Wolf through sources other than MPD.

Grogan’s testimony and the questions asked by Birgit Fladager imply that following up on the sightings was an impossible task. Take a good look at People’s Exhibit 267-3.



In the area within a 1 mile radius of Laci’s house there were 26 sightings. Within a 3 mile radius, there were an additional 7. This is a total of 33. What possible excuse did MPD have for not investigating each and every one of these sightings to determine exactly what was seen by each of the witnesses?

Grogan excuses the MPD failure to follow up on tips by citing Karen Servas’ 10:18 timeline for finding McK. Even if Karen Servas’ timeline were accurate, which it is not, MPD did not have information about her reinvented timeline until January 3. The detectives did nothing to confirm that her time source was valid.

Grogan also says tips were not followed up because phone records indicate that Scott was still in his neighborhood at 10:08. This theory did not take shape until shortly before trial. Two prosecution witnesses stated that cell phone records were not designed to be used to identify location.

Grogan also uses the excuse that tips were not investigated because witnesses reported Laci wearing black pants and her body was found wearing tan pants. MPD did not have this information until mid-April when Laci’s body was found.

Then Grogan indicates that sightings outside of the park were discounted because Laci was planning to walk in the park. This is blatantly false and Grogan knew it. Grogan had been present on December 26 when Chris Boyer interviewed Scott Peterson at his home. Scott clearly stated that Laci sometimes walked in the neighborhood. He told Boyer, in Grogan’s presence that Laci had walked on Sunday, December 22, in the neighborhood.

At the time these sightings were coming in, MPD still believed that Scott had left home around 9:30 a.m. and that Karen Servas had found McK around 10:30 a.m. Each and every one of these sightings should have been investigated thoroughly. MPD’s failure to do so is inexcusable.

Did Cheng use the wrong starting point?

In our previous analysis of Dr. Ralph Cheng's Progressive Vector Diagram, we pointed out the following flaws:

• He used a scientific method that could not produce consistent results
• He failed to familiarize himself with the recovery sites and the particular location of the bodies
• He mischaracterized the lower low tide as a negative MLLW
• He grossly exaggerated the wind conditions for April 12
• He falsely stated that the lower low tide coincided with winds averaging 20 knots
• He had Conner coming ashore at a water level far too low to wash him over the rock breakwater

People's 101: Misinformation
Recently, in our discussion of People's 101 on the SII Yahoo Group, we noted that Soler represents the exact location where Conner was found to be 73 feet inland from the west breakwater. In his testimony, he gave the same information.
HARRIS: When you, in the diagram the 101, the location of where Conner is at, did you do a triangulation, or take two measurements that come together to where the location of his remains were found?
SOLER: Yes, we did.
HARRIS: And that would be, from that the shorter of the two boulder breakers, it was 73 feet from that location further, and then from the bottom or longer boulder breaker area, 24 feet?
SOLER: That's correct.
Soler also says that People's 101 matches the location he circled in People's 98A.
HARRIS: Then also on 98A, there is another circle with an, I believe it's either O-1 or G-1.
SOLER: 01.
HARRIS: The 01, is that the approximate location where Conner was found?
SOLER: Yes.
HARRIS: Does that correspond to the mark on your diagram where you placed Conner?
SOLER: Yes, it does.
JUDGE: Point it out with the pointer where Conner's body was found so the jury can see it.
SOLER: I'm pointing to the circle that's identified as 01 on this chart.HARRIS: Then also on 98A, there is another circle with an, I believe it's either O-1 or G-1.
SOLER: 01.
HARRIS: The 01, is that the approximate location where Conner was found?
SOLER: Yes.
HARRIS: Does that correspond to the mark on your diagram where you placed Conner?
SOLER: Yes, it does.
JUDGE: Point it out with the pointer where Conner's body was found so the jury can see it.
SOLER: I'm pointing to the circle that's identified as 01 on this chart.
The location circled in People's 98A is NOT the location identified by People's 101. For now, we refer readers to http://scottisinnocent.com/Research&Analysis/evidence/Conner/found.htm, but soon we will have an updated and more thorough analysis of People's 101.
Cheng's Progressive Vector Diagram
The question was asked, Did Dr. Cheng use People's 101 to chart his Progressive Vector Diagram? We did not call attention to this factor in our previous analysis of Cheng's Progressive Vector Diagram, so the question must be answered.
Unfortunately, Cheng was not asked specifically if he used Solar's measurements in People's 101, so we have to read between the lines.
This first excerpt is from David Harris' argument to Judge Delucchi during the brief Kelly-Frye hearing:
David Harris: There was two phases of his work. We aren't really interested in the first phase, but we believe the defense will probably ask about that. The Modesto Police Department contacted him before the bodies were found and said, based on the currents and all the different factors in the Bay, where would a body go based on where an estimate is of where it's placed. So he did some computer simulations for them based on that. After the bodies were recovered, he then went back and plotted, based on where they were recovered, going back, based on wind conditions, tide conditions, currents, trying to predict the most likely location where it's at. With regards to that, counsel's already elicited a lot of that core information through Detective Hendee, asking about the FBI searches and saying Didn't Dr. Cheng predict this particular location.
Under direct examination, Cheng volunteered that he knew the precise location where the bodies were found. (The State had also produced a similar diagram for Laci).
Ralph Cheng: I told them following here I could try. However, it involves similar uncertainty. That is now, when the body was spotted on shore at certain time, it does not imply the body arrived there at that time. Now, we have a little bit better situation that is not -- we know precisely where the body landed. Comparing to the previous scenario, that we were guessing where the body started traveling and at what time. In this case here now, we -- our knowledge has improved. That is now -- the bodies, we know precisely where the body landed. And -- but we didn't know when the body precisely landed at that location. Therefore, in order to reconstruct where the body started moving from, certain position in The Bay, still involves some uncertainty.
And David Harris confirms that he received this information from the detectives.
David Harris: Doctor, what we were talking about is when the detectives give you the information of where Laci and Conner's bodies are recovered, that is an area in the Richmond area over there by Brooks Island. Do you -- is that on the map up there?
>>>>>
Ralph Cheng: It's a combination of the above. Basically we obtain the wind information, time series. We reconstruct, now, based on the U.S. Army Corps of Engineers Coastal Engineering Handbook, they give you certain formulas for certain given wind conditions. So how much actual water movement would be is not a windspeed- water movement here. And then you would reconstruct hour-by-hour here as if -- assuming the bodies started from here, you go backward rather than going forward here until certain -- to a certain time here.
Dr. Cheng's backward trail led him to specific GPS coordinates.
Mark Geragos: Thank you. And specifically when they asked you to do this, you, at that point, had the locations where the baby is found, and you got the location where Laci is found, and then you do some analysis, and you come up with this section right here with some GPS coordinates, correct?
Ralph Cheng: That is correct.
In order to end with specific GPS coordinates, one has to begin with specific GPS coordinates. If, and it appears to be a very strong probability, Cheng used the measurements on Soler's Diagram, People's 101, then he started out at the wrong place -- about 100 feet too far west.
Conclusion
It's up to Dr. Cheng to identify which coordinates he used as the beginning point for the backtracking he did for Conner.
If he did in fact use the measurements in People's 101, then his Progressive Vector Diagram is even more flawed than we previously thought.

The SII Yahoo Group is closed

Well, it was worth a try, but the SII Group has been infested with vicious name-calling and personal attacks.

If these attacks were posted as messages, they could be easily dealt with. However, they are being sent to myself and to members via personal emails.

Unfortunately, Yahoo is not designed to prevent such activity, so for the sake of our decent, honest members, we are closing the SII Group.

If you are interested in our research and analysis, you can continue to follow this blog.

We will again allow comments to this Blog; moderated, of course.

Science: The Good, the Better, and the Junk

In the case of Conner Peterson's age, we see all three qualities of science: the good, the better, and the junk.

The Good

For decades, doctors relied on the first day of the last menstrual period to determine gestational age. The wheel was developed to predict the expected date of delivery (EDC) from this LMP. The expected delivery date was figured to be 40 weeks, and 2 weeks was tacked on at each end as a safety zone. The LMP for Laci determined that Conner's due date was February 10.

The Better

Then along came the ultrasound, also referred to as sonogram. In the first half of the pregnancy, the following are used:

7-9 weeks, crown-rump length provides maximum accuracy for gestational age
12-20 weeks, biparietal diameter provides maximum accuracy for gestational age

In the last half of the pregnancy, after 20 weeks, the 4 long bones -- humerus, tibia, ulna, and femur -- provide maximal accuracy. Jeanty, in his studies, measures all 4 bones and averages them to derive the gestational age.

Laci had 2 ultrasounds. The 1st one, performed on July 16, determined that Conner was 1 day younger than indicated by the LPM, which put his due date at February 11. Because it was so close to the LPM due date, the doctors did not note a corrected EDC.

The second one was performed on September 24. Since one of the purposes of performing a second ultrasound is to correct the EDC if necessary, Dr. Yip took 4 measurements:

Abdominal circumference (AC) 134 = 18w3d ± 14 days
Head circumference (HC) 163 = 19w0d ± 11 days
Biparietal diameter (BPD) 45 = 19w4d ± 10 days
Femur length (FL) 32 = 19w4d ± 6 days

He averaged them out and settled on 19w2d. This made Conner 6 days younger than the 1st ultrasound, and 7 days younger than the LMP. Dr. Yip noted February 16 as the corrected EDC on Laci's chart. In November and December, the notation for gestational age for each visit corresponds to corrected EDC.

Dr. Yip's conclusion is supported by fetal biometry studies. 10 studies produced 17 gestational ages for Conner, and only 1 of them confirmed the LPM and 1st ultrasound gestational ages. Only 1 out of 17. That one measurement was Jeanty's femur measurement. 3 other measurements by Jeanty produced gestational ages even younger than Yip's 19w2d, by as much as 8 days.

The LPM put Conner at 33w2d on December 24. The 1st ultrasound put him at 33w1d on December 24. The 2nd ultrasound put him at 32w2d on December 24. Jeanty's femur measurement (2nd ultrasound) put him at 33w1d.

Every eye witness that saw Conner when he was found described him as full term or 9-month, including Dr. Peterson who performed the autopsy. The one measurement that Peterson did aged Conner at 9 months.

Dr. Galloway, a forensic anthropologist, performed some measurements to determine Conner's age. Based on the three large bones (3 of the 4 that Jeanty recommends for the last half of the pregnancy), Conner's gestational age was 35-36 weeks.

35-36 weeks compared to these gestational ages on December 24:

LMP: 33w2d
1st ultrasound: 33w1d
Jeanty's femur (second ultrasound): 33w1d
2nd ultrasound: 32w2d

If you tack on the 2-week deviation, you come down to 33 weeks. But, don't you also have to tack the deviation on to the other measurements?

For example, the 1st ultrasound is considered accurate +/- 7 days. So, if you are going to use the bottom of the deviation to arrive at 33, don't you have to subtract 7 days from the 1st ultrasound age, making it 32w1d? Seems like that would be good science, if you use a deviation at one end of the spectrum, you have to use it at the other end also. Or you end up comparing apples to oranges.

But it is not reasonable to tack the standard deviation on, simply because every eye witness that saw Conner described him as a full-term or 9-month baby. If we were talking about the difference between 36 weeks and full term, the differences might not have been that noticeable, but a 33-week baby is noticeably different in appearance than a full-term baby. A 33-week baby, is at least 5 weeks premature, if you take 38-42 as full-term.

Even if you use Jeanty's gestational age for the femur on the 2nd ultrasound, you still have Conner too old to have died on December 24 -- 35.1 weeks from Sherwood compared to 33w1d -- that's a 2-week difference. And if you tack on the 2-week deviation to Sherwood, to derive 33, you also have to tack on the deviation to Jeanty.

The Junk

Enter Dr. Devore.

Devore ignored Galloway's measurements. She is a forensic anthropologist, trained in determining the ages of dead people, he is not.

Devore ignored Dr. Yip, who was Laci's doctor. Devore was not one of Laci's doctors.

Devore ignored the eye witnesses who saw Conner. He never saw Conner.

Devore ignored Jeanty, who says that the biparietal measurement is the most accurate from 12-20 weeks.

Devore ignored 16 fetal measurements from 10 fetal biometry studies that put Conner at a younger age than both the LMP and the 1st ultrasound.

Devore ignored 3 out of the 4 measurements per Jeanty's studies -- all 3 which produced younger ages for Conner.

Devore used an ultrasound method never before used to determine fetal age -- he took a bone that had been removed from a dead fetus and compared it to the measurements of the fetus when it was alive and still in the mother's womb. His method has never been subjected to peer review.

The femur bone he used had been out of the body from April 14-February 2, 9 1/2 months. We don't know under what conditions it was stored. We don't know how much it dried. Have you ever heard the expression, dry as a bone, or bone-dry? There's a reason for that expression. We would know if it shrunk any if Devore had bothered to measure it the same way Galloway did. Then we would know with certainty if it was still the same length as when it was removed from Conner's body. But, he didn't do any of the quality control checks that good science does.

Devore ignored the other 2 large bones, the humerus and the tibia, that were available to him, which Galloway had to do her measurements. Jeanty says 4 large bones must be used and averaged, that only one bone is bound to produce error. If he would have used 3 of the 4, then averaged them, that would have been much closer to what Jeanty did in his studies. But he didn't do that, or at least he didn't admit he did.

Devore's first calculation was December 25 -- which he said was wrong because he "counted on his fingers." Good scientists don't count on their fingers when doing "expert opinion" reports for a court of law when a man's life is on the line.

Devore may be good at his profession, but he used junk science to help convict Scott Peterson. If Devore can't tell the difference between good science and junk science, then he shouldn't be practicing medicine. If he can tell the difference, and did it anyway, shouldn't he receive the same punishment he helped to impose on Scott? At the very least, he should serve the same amount of prison time, in the same prison and under the same conditions, as Scott ends up serving before he is exonerated. Scott has already been in jail/prison for 5 years.

And what about the added pain he is going to cause the family when they are forced to admit that Scott was not responsible for Laci's abduction and he did not murder Laci and Conner. Whatever hell Sharon Rocha and others went through the first time around, it is going to be even worse the second time.

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The Set-Up

Why was it necessary for the Modesto Police Department to create such hatred for Scott Peterson in the minds of Laci’s family members and friends and in the eyes of the media and the public? If Scott were truly guilty, this campaign of character assassination would not have been necessary. The evidence against him would have been enough. But there was no evidence whatsoever that Scott Peterson murdered his wife

The lead detectives in this case, Craig Grogan, Allen Brocchini, and Jon Buehler were not honorable men. They were not men with integrity. When they realized that their entire investigation up until January 11 had been a mistake, they did not admit it. They did not change their focus and search for the truth. Instead they convinced themselves that Scott was guilty, and they began an all out campaign to turn Laci’s family members and friends against him.

This is an overview of the week in January 2003 when the detectives put their plan into action:

Saturday, January 11: Lee and Jackie Peterson were in Modesto. Scott left home during the day on business but returned to Modesto that evening. He and his parents were invited to dinner at a Rotary friend’s house. Scott then went to two special prayer services for Laci. His mother, made ill by stress, went to the Emergency Room at a hospital in Modesto that night, and Scott spent several hours there with her.

Modesto Police later claimed this is the day they didn’t know where Scott was because they stopped trailing him, and because they weren’t able to put a GPS monitor on the Silver Saturn he used from this time until January 16. Also on this day, they said they stopped surveillance of the Covena house with the pole camera across the street. They claimed that they were only able to determine where Scott was by using Cell Phone Tower records, a very unreliable, unproven method (junk science) for determining location. The wiretap of Scott’s phones which had been approved on January 10 began operating on January 11.

Sunday, January 12: Scott went to the Volunteer Center at 7:00 a.m. and then to special prayer services for Laci at two different churches. He went to Berkeley with Lee and Jackie for the christening of Anne Bird’s son, then back to work at the Volunteer center, then to more prayer services. His parents were still in Modesto that night.

Does this sound like a day when Scott would have upgraded to a Porn Channel on his TV? Highly unlikely. All that would have been required for another person to sign up for him was the phone number connected with the account. Brocchini had all of the information about Scott’s phones by December 25.

Monday, January 13: Lee and Jackie Peterson were still in Modesto. Scott’s sister-in-law, Janey, came to Modesto to appear on Larry King Live that night with Lee, Sharon Rocha, Amy Rocha and Ron Grantski. The Rochas and Grantski had only kind words for Scott.

Tuesday, January 14: Apparently, Lee and Jackie returned to San Diego on this day. Janey Peterson remained in Modesto, and that evening she and Scott went to Sharon Rocha’s for dinner; and they stayed for the rest of the evening to watch Dateline NBC and On the Record.

Wednesday, January 15: This was the day that everything changed. Detectives Buehler and Brocchini met with Sharon Rocha and Ron Grantski at the Modesto Police Department at 5 p.m. They showed them pictures of Amber Frey with Scott and told them that Scott had taken out a $250K life insurance policy on Laci in the summer after she became pregnant. Detectives Grogan and Owen went to San Diego on this day to give similar information to Lee Peterson. At this time or sometime the following day, the detectives told the Rochas that they believed Scott was responsible for Laci’s disappearance and that there was blood evidence. They told them that Scott was still seeing Amber.

· Detective Brocchini knew that the information about the life insurance policy was not true. In the Preliminary hearing on November 12, 2003 he agreed that he had known the policy was not a recent purchase and during the trial on June 24, 2004, he testified that he had first spoken to Brian Ullrich regarding the policies early in the investigation, on January 4, 2003. He was aware that the policy was agreed upon in April 2001, nearly 20 months before Laci's disappearance.
· There was no blood evidence that connected Scott to Laci’s disappearance.
· Scott did not continue to see Amber. He talked to her on the phone. He did not see Amber from the time of their last date on December 14-15 until the day she testified against him in court.
· The detectives claimed that it was necessary to give this information to family members because the National Enquirer was coming out with a story about it the next day. They probably knew this because they were the source for the story.

After the meeting with MPD, Sharon and Ron went home. Gwen and Harvey Kemple , Kim Peterson, Sandy Rickard, Patty Amador, Lin (Wilson?), Lissa McElroy, Susie and Gil Aquino came to their house that evening. Sharon said she wanted to close the Volunteer Center. Kim Peterson notified key people and Buehler about the decision. Terri Western, after a phone conversation with Kim Peterson closed the volunteer center in Modesto permanently the following day.

Thursday, January 16: The National Enquirer comes out with photos of Scott and Amber together and mentions the life insurance policy, blood evidence, concrete anchors. In a 1:46 p.m. conversation with Brent Rocha, Scott tells him he learned from Terry Western why the Volunteer Center is closed. Scott had been there that day to load up materials for the Volunteer Center in Los Angeles on Sunday. Brent has a copy of the National Enquirer issue. He and Scott discuss the allegations. Brent seems quite willing to listen to Scott’s side of the story. The conversation ends with Brent’s suggestion that they get together on Monday.

Brent ROCHA: Okay. Hey um…are you taking off tomorrow?
Scott PETERSON: I think so.
Brent PETERSON: Yeah, okay. All right. Well, then you’ll be back when, Saturday or Sunday?
Scott PETERSON: I’ll be back Sunday night.
Brent ROCHA: Sunday night? Okay, then maybe Monday we can get together or something.
Scott PETERSON: Yeah, that will be good.
Brent ROCHA: Okay, Scott.
Scott PETERSON: Thanks, Brent.

In the evening, Detectives Grogan and Buehler come to Sharon’s house to set up the recording equipment on the phone. The house is full of people at the time including Brent, Amy and her mother Nancy, Nathan, Sandy, Gwen, Lissa and Sharon’s mother. Brent has a copy of the National Enquirer. While the police are still there, Scott calls and asks Sharon if he can come over to discuss the situation. Prompted by Grogan, Sharon says no.

By the time the detectives leave that evening the entire group at Sharon’s house believes that Scott killed Laci. The relationships between Scott and Laci’s family members are never the same.

On this same day, Diane Jackson, who has information favorable to Scott, is interviewed by Gary Ermoian, the investigator for Scott’s attorney, Kirk McAllister.

Friday, January 17: The Modesto Bee runs an article about Scott and Amber Frey, the insurance policy, and the closing of the volunteer center. At 6:40 a.m. Detective Brocchini calls Mike Richardson, a good friend of Scott and Laci’s, to ask him if he has read the Modesto Bee yet. He tells him to read the article about Amber Frey and the insurance policy. He suggests that Mike’s wife, Heather, call Sharon Rocha for further information. He says that Scott is no longer welcome in the homes of any of Laci’s friends or her family.

Mike Richardson tells Brocchini that he and his wife are expecting Scott to stay the night at their house in Ventura.

Brent Rocha makes a phone call to Scott. His attitude toward Scott has changed significantly since their conversation the day before.

MPD arranges for both Kristen Dempewolf and Diane Jackson, who have information that is exculpatory for Scott, to be hypnotized. The hypnotist is unqualified; and therefore the post-hypnosis memories of both Dempewolf and Jackson are excluded from the trial. They are not permitted to testify in person.

Saturday, January 18: Scott is still in southern California preparing for the opening of the Volunteer Center in L.A. the next day. He spends another night at the Richardson’s house in Ventura.

Sunday, January 19: Scott spends the day at the Volunteer Center at the Doubletree Hotel in Los Angeles passing out fliers about Laci.

He returns home to Modesto that evening to find his house has been burglarized. Several items of his clothing and Laci’s clothing have been taken from the house.

When neighbors report that Kim McGregor is the person responsible for the burglary, Detective Brocchini is put in charge of the investigation. He suggests to Scott that this is just a harmless incident and that he shouldn’t press charges. When Laci’s clothing (what she was wearing at the time she disappeared, and what was found on her body) becomes an important factor in Scott’s conviction, it appears that this burglary was not so harmless after all.

Only Brocchini and Kim McGregor know exactly what was taken from the house. Perhaps Brocchini can explain how Kim McGregor took a pair of GAP black pants from the house on January 19 that were not in the house during the search warrant of December 26-27. These pants and other items are returned to the Covena house by MPD detective Sebron Banks during the second search warrant February 18-19, and are rediscovered by the Modesto police. A second pair of black pants also mysteriously appears in the house on that day.

*********
This was the week in January that the set-up of Scott Peterson by the Modesto Police began in earnest. It did not end until mid-April when the bodies of Laci and Conner Peterson were found on the shoreline at the San Francisco Bay.
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Laci's Walk

In spite of the prosecution’s insistence that Laci Peterson had stopped walking her dog McKenzie about 2 months prior to her disappearance, there is information in testimony and in police, media, and medical reports to prove otherwise:

From Larry King Live, January 3, 2003

S. ROCHA: Yes. Yes. She always took her dog for a walk. Not necessarily every single morning. Because she is far along in her pregnancy, but yes, that was her normal routine, to take the dog for a walk in the park.

From Amy Rocha’s testimony (Preliminary hearing)

Q. Okay. And you know that within that last couple of days that she'd also been to the -- been to the park walking the dog or walking McKenzie; isn't that correct?
A. I don't know for sure if she walked to the park, but I knew that she'd been walking frequently, yes.

From medical records and from Brocchini’s interview with Kristen Reed:

GERAGOS: If I were to tell you that Laci had called the OBGYN and had indicated that she was concerned about weight gain, even after the doctor had recommended that she stop, and that she was walking again even though the doctor had asked her to stop. And then you get Kristen Reed's statement that she made to you that she had started walking again because of weight gain, would that change your opinion or your belief that she had been walking on the 24th?

Numerous tips were called into the Modesto Police Department after Laci disappeared about women seen walking dogs in the park and in the Covena neighborhood on December 24 (Prosecution Exhibit 267). Some of the sightings could not have been Laci because of the time, the description, or the location. Many other sightings may have been credible, but there is no information available about them. There were other women who regularly walked their dogs in the area.

However, we do have information from 4 very credible witnesses who were sure they saw Laci and McKenzie in the same area on the morning of December 24 around 10 a.m.-- Homer Maldonado, Tony Freitas, Martha Aguilar, and Gene Pedrioli. These sightings suggest a route for Laci on that morning: leaving home, going south on Covena, west on Miller to La Loma and then northwest along La Loma. It doesn't seem likely that four people independently were imagining this. These sightings support the theory that Laci left home around 10 a.m. and headed south, not north to the park.
Laci had become fearful about walking in the park shortly before her disappearance because of reported attacks in that area. She still walked with Scott and McK in the park, but she insisted that Scott carry pepper spray when they did. Given her fear of walking in the park, it would make sense that she would choose to walk in the neighborhood when she was by herself.

Maldonado, Freitas, Aguilar and Pedrioli called the MPD tipline to report that they had seen Laci on the morning of the 24th. None of their calls were returned by MPD. The initial investigation of these tips was done by defense investigators, not by the Modesto police. Not until the trial were investigators sent by the District Attorney to interview Maldonado and Freitas. Aguilar and Pedrioli were never interviewed by police or by prosecutors.

These were their stories:

Homer Maldonado:

He and his wife had stopped to buy gas at the USA station on the corner of Miller Avenue and Camellia Way between 9:45 and 10:00 a.m. on December 24. After leaving the gas station they drove west on Miller. At the corner of Covena and Miller, Maldonado saw Laci and McK in front of the second house from the corner on the west side of the street (211 Covena). He described her as very pregnant and having trouble controlling the dog. When he checked his rearview mirror, he saw that Laci did not cross Miller but evidently turned the corner and continued walking west on the north side of Miller.

Maldonado reported this to the MPD tipline on January 1, 2003. When he was not contacted by the Modesto Police, he went to the Command Post at the Park where he reported his sighting and spoke to the chaplain. He was never interviewed by the Modesto Police. In July 2004, during the trial, he was interviewed by an investigator from the DA’s office.

Tony Freitas:

Around 10 a.m. on the morning of December 24, Freitas was driving his regular delivery route northwest on La Loma Avenue when he saw Laci and McK near the intersection where there is a small, grassy triangular park, located on La Loma between Santa Barbara and N. Santa Ana.

Freitas reported this to the MPD tipline on December 30, 2002. The woman who took his call said he would be contacted by a detective. Freitas was never contacted by anyone from the Modesto Police Department. On July 29, 2004, during the trial, he was interviewed by a DA Investigator.

Martha Aguilar:

Around 10 a.m. on the morning of December 24, Aguilar saw Laci and McK walking on La Loma Avenue in the same general area that Freitas saw her. She was sure it was Laci. Aguilar lived 2 blocks south of Laci on Covena and they went to the same doctor.

Aguilar’s call to the MPD tipline was never returned. She was never interviewed by anyone from MPD or from the DA’s office.

Gene Pedrioli:

Gene Pedrioli saw Laci and McK around 10 a.m. on the morning of December 24 around the time he picked up a prescription at a pharmacy. He saw them on La Loma Avenue in the same area where they had been seen by Aguilar. He noticed McK because he has a dog the same color. He said that the woman and the dog had to walk around some branches that were on the sidewalk.

Pedrioli made 2 calls to the MPD tip line. He was told that he would have to prove his whereabouts. He thought the police were not interested in his tip. He was never contacted by them or by the DA’s office.

We do not know how far Laci walked on La Loma Avenue after she was seen by Maldonado, Freitas, Aguilar and Pedrioli. She may have gone all the way to Kewin Park before she turned northeast on Buena Vista up to Encina, or she may have turned north to Encina on one of the streets before that. We do believe that she arrived back on her block on Covena around 10:38 a.m. where she was abducted, and where McK was heard barking aggressively by the Krigbaums and was seen in the park at the north end of Covena by Mike Chiavetta.

These sightings prove beyond a doubt that Laci Peterson was alive on the morning of December 24 after Scott Peterson left home and that he had nothing at all to do with her disappearance and death.