Just thought of something, if the power was out that nite, wouldn't it have also been out that day??? How do you receive a fax if your power is OUT?
The part about the fax and the suspicions it raised is detailed in the transcript of Brocchini's testimony. Turns out the fax, dated/timed 12-24-02/14:28 p.m.--Scott said that was New Jersey time, 2:30 p.m. New Jersey time--was lying on Scott's desk. And no, from the description, the fax machine was not located on or next to the desk. So this means, and meant to the cops, that Scott had definitely seen and handled the fax since it popped up in his machine. Scott specifically told them that HE was the only person who worked in that office.
So the cops commented on the fax and casually turned it over, reading it with their flashlights. Scott said something like, yeah, I got that b/f I went fishing. Well, when the fax came in was 11:30 a.m. Modesto time, so Brocchini said something like, "Oh really? Seems kind of late for you to have been here this morning...weren't you on the way to Berkeley before it came in?" And at that point Scott said something like, "Oh, well, I can't remember if I saw it b/f I went fishing, or after I came back..."
So Scott was clearly caught in a lie.