Court Minutes:  June 14, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & Records Print Date:11/11/2004
San Mateo CJISIn and For the County of San Mateo Print Time: 10:45 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:06/14/2004 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 49 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:00 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED TUESDAY, JUNE 15, 2004, VOLS. 46-49 WILL BE CERTIFIED.

9:02 A.M.: OFF. DERRICK LETSINGER, 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 .

EXHIBT 37 - BINDER - CSO LOVELL - 523 COVENA 12/24/02, PHOTOS 37A - 37DD.

EXIBIT 37A - PHOTO WITH BLUE BUCKET AND MOPS AT OUTSIDE DOOR

EXHIBIT 37B - PHOTO INSIDE HALLWAY DINING ROOM

EXHIBIT 37C - PHOTOS HALLWAY WITH DOOR (WREATH)

EXHIBIT 37D - PHOTO OF BATHROOM

EXHIBIT 37E - PHOTO DOORWAY LOOKING INTO NURSERY

EXHIBIT 37F - PHOTO NURSERY (CRIB, MOBILE, DRESSER)

EXHIBIT 37G - PHOTO NURSERY (ROCKER, WINDOW)

EXHIBIT 37H - PHOTO BEDROOM WINDOW, DRESSER

EXHIBIT 37I - PHOTO MASTER BEDROOM BED

EXHIBIT 37J - PHOTO OPEN CLOSET DOOR

EXHIBIT 37M - PHOTO LOOKING DOWN HALL WAY

EXHIBIT 37N - PHOTO BED WITH BLUE BED SPREAD

EXHIBIT 37-0: CLOSET IN SECOND BEDROOM

EXHIBIT 37P: PHOTO SECOND BEDROOM LOOKING INTO NURSERY

EXHIBIT 37Q: PHOTO DINING ROOM

EXHIBIT 37R: PHOTO CHRISTMAS TREE

EXHIBIT 37S: PHOTO KITCHEN COUNTER, W/PHONE BOOK, KNIVES

EXHIBIT 37T: PHOTO KITCHEN SINK, WINDOW, ETC.

EXHIBIT 37U: PHOTO KITCHEN, STOVE, ETC.

EXHIBIT 37V: PHOTO KITCHEN, LOOKING AT FIREPLACE

EXHIBIT 37W: PHOTO LIVING ROOM, TV, WINDOW

EXHIBIT 37X: PHOTO SHELVES, 2 CHAIRS

EXHIBIT 37Y: PHOTO SHELVES W/CHRISTMAS CARDS

EXHIBIT 37Z: PHOTO COUCH, CLOSET W/WASHING MACHINE

EXHIBIT 37AA: PHOTO LOOKING INTO DOOR OF SECOND BATHROOM

EXHIBIT 37BB: PHOTO VANITY IN SECOND BATHROOM

EXHIBIT 37CC: PHOTO WASHER/DRYER WITH DIRTY RAGS.

EXHIBIT 37DD: PHOTO RUG BY DOOR

EXHIBIT 38 - SECOND DIAGRAM OF 523 COVENA

9:45 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:31 A.M. : COURT RECESSED UNTIL 10:50 A.M. .

JURORS ADMONISHED.

10:55 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:55 A.M.: OFF. MATTHEW SPURLOCK, MPD, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASSO.

11:14 A.M.: THE JURORS EXIT THE COURTROOM.

BASED ON DISCOVERY ISSUES REGARDING STATEMENTS BROUGHT UP BY THE PEOPLE AND ARGUED BY MR. GERAGOS, THE COURT PREVIOUS RULING STANDS. THE PEOPLE TO PROVIDE DEFENSE ANY NEW
INFORMATION BEFORE A WITNESS TESTIFIES.

11:24 A.M.: THE JURORS ARE PRESENT.

11:24 A.M.: DIRECT EXAMINATION BY RICK DISTASO CONTINUED

11:34 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

11:59 A.M. : COURT RECESSED FOR LUNCH UNTIL 1:30 P.M. .

1:25 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

1:25 - 1:36 P.M.: REPORTED IN CAMERA HEARING HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND COURT REPORTER. THIS CONFERENCE IS ORDERED SEALED.

1:39 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED THERE ARE DISCOVERY ISSUES WITH TWO WITNESSES THAT WERE TO TESTIFY TODAY, BUT WILL TESTIFY TOMORROW. DISCOVERY ISSUES TO BE DEALT WITH OVERNIGHT.

1:39 P.M.: OFF. MATTHEW SPURLOCK, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

1:58 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

2:04 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:07 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:08 P.M.: PHILIP WILLIAMS, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 39: PHOTO MATERNITY PANTS W/WHITE SHIRT

EXHIBIT 40: PHOTO TAN PANTS W/BLACK TOP

EXHIBIT 41: PHOTO TAN PANTS W/BLACK TOP

EXHIBIT 42: PHOTO RED BEADED TOP AND PANTS

EXHIBIT 43: PHOTO CLOSE UP OF EXHIBIT 42

EXHIBIT 44: PHOTO BLACK/TAN BLOUSE (BELL SLEEVES)

EXHIBIT 45: PHOTO BLACK/TAN TOP (EVIDENCE ITEM #218)

EXHIBIT 46: PHOTO YELLOW FLORAL, SLEEVLESS RUFFLED TOP

EXHIBIT 48: PHOTO RED CREAM FLORAL RUFFLED BLOUSE

EXHIBIT 49: PHOTO CLOSE UP OF MATERIAL EXHIBIT 48

EXHIBIT 51: PHOTO PANT TAGS

EXHIBIT 52: PHOTO PANT TAGS W/HIGHLIGHED NUMBER

2:35 P.M. : COURT RECESSED UNTIL 2:55 P.M. .

JURORS ADMONISHED.

2:55 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

2:55 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:55 P.M.: PHILIP WILLIAMS, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

3:05 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

3:07 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

DEFENDANT REMAINS IN CUSTODY.

3:07 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
06/15/2004 AT 9:00 A.M. .

3:07 P.M. : COURT ADJOURNED TO RECONVENE ON 06/15/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/14/2004 .