CLERK OF THE SUPERIOR COURT

COUNTY OF STANISLAUS

DAVIS WRIGHT TREMAINE LLP

ALONZO WICKERS IV (State Bar No. 169454)

ROCHELLE L> WILCOX (State Bar No. 197790)

865 South Figueroa Street, Suite 2400

Los Angeles, CA 90017-2566

Telephone: (213) 633-6800

Fax: (213) 633-6899

DAVIS WRIGHT TREMAINE LLP

DUFFY CAROLAN (State Bar No. 154966)

One Embarcadero Center, Suite 600

San Francisco, California 94111-3611

Telephone: (415) 276-6500

Facsimile: (415) 276-6599

Attorneys for Non-Party Journalists

JODI HERNANDEZ, KAREN BROWN, DAN ABRAMS, SANDY RIVERA, KEITH MORRISON, MICHAEL G. MOONEY, TY PHILLIPS, PATRICK GIBLIN, JUDY SLY, KIMBERLY CULP, JOHN WALSH, CHUCK ROSENBERG, MARVIN DAYE, MICHAEL REEL, GLORIA GOMEZ, DIANE SAWYER and MARK ROBERTSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF STANISLAUS

THE PEOPLE OF THE STATE OF CALIFORNIA,

plaintiff,

vs.

SCOTT LEE PETERSON,

Defendant.

No. 1056770

NOTICE OF MOTION AND MOTION BY NON-PARTY JOURNALISTS JOHN WALSH, CHUCK ROSENBERG, MARVIN DAYE, MICHAEL REEL, GLORIA GOMEZ, DIANE SAWYER AND MARK ROBERTSON FOR ORDER AUTHORIZING INSPECTION OF INTERCEPTED COMMUNICATIONS; JOINDER IN MEMORANDUM OF POINTS AND AUTHORITIES PREVIOUSLY FILED

[Cal. Penal Code 629.68]

Date of Hearing: June 6, 2003

Time of Hearing: 8:30 a.m.

Department: 2

1

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that, pursuant to this Court’s Oder scheduling this matter for hearing on June 6, 2003, at 8:30 a.m., in Department 2 of this Court, located at 1100 “I” Street. Modesto, California 95353, Non-Party Journalists John Walsh, Chuck Rosenberg and Marvin Daye, employed by NBC Enterprises, Inc., Michael Reel, employed by CBS Broadcasting Inc. And working for CBS News, Gloria Gomez, employed by KOVR, an affiliate of CBS Broadcasting Inc., and Diane Sawyer and Mark Robertson, employed by American Broadcasting Companies, Inc. and working for ABC News (collectively, “Non-Party Journalists”), will and hereby do move this Court for an Order, pursuant to Penal Code 629.68, authorizing them to inspect their intercepted communications.

DATED: June 2, 2003

DAVIS MRIGHT TREMAINE LLP

ALOZO WICKERS IV

DUFFY CAROLAN

ROCHELLE L. WILCOX

By: [signature]

Rochelle Wilcox

Attorneys for Non-Part Journalists

JODI HERNANDEZ, KAREN BROWN, DAN ABRAMS, SANDY RIVERA, KEITH MORRISION, JUDY SLY, MICHAEL G. MOONEY, TY PHILLIPS, PATRICK GIBLIN, KIMBERLY CULP, JOHN WALSH, CHUCK ROSENBERG, MARVIN DAYE, MICHAEL REEL, GLORIA GOMEZ, DIANE SAWYER and MARK ROBERTSON

2

PROOF OF SERVICE BY FACSIMILE AND U.S. MAIL

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine llp, Suite 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566.

On June 2, 2003, I served the foregoing document(s) described as: NOTICE OF MOTION AND MOTION BY NON-PARTY JOURNALISTS JOHN WALSH, CHUCK ROSENBERG, MARVIN DAYE, MICHAEL REEL, GLORIA GOMEZ, DIANE SAWYER AND MARK ROBERTSON FOR ORDER AUTHORIZING INSPECTION OF INTERCEPTED COMMUNICATIONS; JOINDER IN MEMORANDUM OF POINTS AND AUTHORITIES PREVIOUSLY FILED on the interested parties in this action, by Facsimile and by U.S. Mail by placing a true copy of said document(s) enclosed in a leased envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows:

Mark Geragos, Esq.

Geragos & Geragos

350 S. Grand Avenue

Suite 3900

Los Angeles, CA 90071

(213) 625-1600 Fax

Rick Distaso, DDA

Stanilaus County District Attorneys’ Office

800 11^th Street, Room 200

Modesto, CA 95353

(209) 525-5545 Fax

(FROM FACSIMILE TELEPHONE NO. (213) 633-6899) at Suite 2400, 865 South Figueroa Street, Los Angeles, California. Upon completion of the said facsimile machine transmission, the transmitting machine will issue a transmission report showing that the transmission was complete and without error.

(U.S. MAIL) - I placed such envelope(s) with postage therein fully prepaid and deposit in the United States Mail in accordance with the office practice of Davis Wright Tremaine LLP for collecting and processing correspondence for mailing with the United States Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with thr United States Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the United States Postal Service, such correspondence is delivered to the United States Postal Service that same day in the ordinary course of business.

Executed on June 2, 2003, at Los Angeles, California.

X_   State           I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.            

__    Federal       I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

[signature]

HILDUR ROSIE DIAZ