Court Minutes:  June 7, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & Records Print Date:11/11/2004
San Mateo CJIS In and For the County of San MateoPrint Time: 10:44 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:06/07/2004 Time:9:00 AM Dept:42
Judge: ALFRED A DELUCCHI, JUDGE Clerk: MARYLIN MORTON
Reporter SEE MINUTES 2nd Clerk NONE
D.A.: GERAGOS/P. HARRIS Defense Co. DISTASO/D. HARRIS
Proceedings: JURY TRIAL

Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)

Minutes TRIAL DAY 45 .

9:04 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

LINDA SWANNER PRESENT AS COURT REPORTER.

9:04 A.M.: AMY ROCHA, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: DEFENDANT .

9:50 A.M.: REDIRECT EXAMINATION BY MR. DISTASO.

THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .

EXHIBIT 15A - PHOTO - OFF WHITE MATERNITY PANTS

EXHIBIT 15B - PHOTO - TAN MATERNITY PANTS

EXHIBIT 15C - PHOTO - OFF WHITE W/CUFFS MATERNITY PANTS

EXHIBIT 16 - PHOTO SCOTT WITH BLOND HAIR AND GOATEE

1010 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

10:16 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

10:16 A.M. : COURT RECESSED .

10:36 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:36 A.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT
REPORTER.

10:38 A.M.: SHARON ROCHA, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .

EXHIBIT 17 - PHOTO OF LACI LYING ON A COUCH

EXHIBIT 18 - PHOTO LACI AT BABY SHOWER

EXHIBIT 19 - PHOTO LACI AT BABY SHOWER (SAPPHIRE RING)

EXHIBIT 20 - PHOTO LACT AT BABY SHOWER (SHOWS TATOO)

EXHIBIT 22 - DIAGRAM OF PARK (AERIAL VIEW)

JURORS ADMONISHED.

11:53 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 P.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND COUNSEL RE STIPULATION.

1:34 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT REPORTER.

1:34 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:34 P.M.: SHARON ROCHA, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .

EXHIBIT 23 - TAPE OF PHONE CONVERSATION WITH SHARON ROCHA AND SCOTT ON 2/13/03.

EXHIBIT 23A - TRANSCRIPT OF TAPE EXHIBIT 23.

COUNSEL STIPULATE THE COURT REPORTER NEED NOT REPORT THE PLAYING OF THE TAPE. THE TRANSCRIPTS TO BE COLLECTED AFTER THE TAPE CONCLUDES PLAYING.

UNREPORTED: 1:41 - 1:48 P.M. TAPE BEGAN AND CONCLUDED.

REPORTED:

1:48 P.M: DIRECT EXAMINATION CONTINUES.

1:56 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:28 P.M. : COURT RECESSED .

JURORS ADMONISHED.

2:58 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:58 P.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

2:58 P.M.: SHARON ROCHA, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: DEFENDANT .

EXHIBIT E - PHOTO OF NURSERY

EXHIBIT F - PHOTO OF NURSERY

3:04 P.M.: REDIRECT EXAMINATION BY RICK DISTASO

3:10 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:13 P.M.: FURTHER REDIRECT EXAMINATION BY RICK DISTASO.

3:15 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:15 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 06/08/2004 AT 9:00 A.M. .

OUT OF THE PRESENCE OF THE JURORS THE COURT AND COUNSEL DISCUSS DISCOVERY.

THE COURT ORDERED EACH SIDE TO PROVIDE THE NAMES OF WITNESSES AND EXHIBITS TO BE USED TWO DAYS IN ADVANCE SO EXHIBITS CAN BE RETRIEVED FOR USE THAT DAY.

DEFENDANT REMAINS IN CUSTODY.

3:25 P.M. : COURT ADJOURNED TO RECONVENE ON 06/08/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/07/2004 .