Court Minutes: June 21, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & Records Print Date:11/11/2004
San Mateo CJIS In and For the County of San Mateo Print Time: 10:46 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:06/21/2004 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 53 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND COURT REPORTER. THE CLERK WAS PRESENT ONLY TO SWEAR IN BRENT ROCHA AND JUROR #5.

10:04 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED THE IN CAMERA RULING ON THE RECORD AS FOLLOWS: THERE WAS NO MISCONDUCT BY EITHER PARTY BASED ON WHAT WAS TESTIFIED TO AT THE IN CAMERA HEARING.

THE JUNE 21, 2004 MINUTES ARE AMENDED TO ADD THE FOLLOWING PARAGRAPH ON JUNE 22, 2004.

THE COURT STATED FOR THE BENEFIT OF THE MEDIA PORTIONS OF THE IN CAMERA HEARING REGARDING STATEMENTS BY JUROR #5 AND BRENT ROCHA WILL BE ON THE INTERNET TONIGHT.

THE COURT ORDERS REMAINING PORTIONS OF THE IN CAMERA HEARING SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

MR. GERAGOS ADDRESSED THE COURT REGARDING THE ISSUE RE THE PRESS FABRICATIONS AND THE REMEDIES REQUESTED.

THE COURT STATED THERE WILL BE A 402 HEARING WITH DET. BROCCHINI THIS AFTERNOON AND THE JURORS WILL BE EXCUSED.

10:10 A.M.: THE JURORS ARE PRESENT IN THE COURTROOM.

THE JUDGE STATED TO THE JURORS THAT AT THE IN CAMERA HEARING HELD THE COURT FOUND THE ALLEGATIONS WERE UNTRUE AND THERE WAS NO JUROR MISCONDUCT.

THE COURT READMONISHED THE JURORS TO AVOID AND MAKE NO COMMENTS TO ANY COUNSEL, PARTY, FAMILY MEMBERS, OR WITNESS INVOLVED IN THIS TRIAL.

10:12 A.M.: STACEY BOYERS, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

10:30 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:43 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

10:43 A.M. : COURT RECESSED .

11:02 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

11:02 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:02 A.M.: LORI ELLSWORTH, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

11:10 A.M.: CROSS EXAMINATION BY PAT HARRIS.

11:26 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:29 A.M.: RENE TOMLINSON, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

11:39 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:40 A.M.: DEBORAH WOLSKI, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY DAVID HARRIS.

11:48 A.M.: WITNESS DEBORAH WOLSKI IS ORDERED BACK AT 2:00 P.M.

11:48 A.M. : COURT RECESSED UNTIL 2:00 P.M. .

JURORS ADMONISHED.

IN CAMERA HEARING HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND COURT REPORTER.

THE COURT ORDERS IN CAMERA HEARING SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

2:00 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

2:00 P.M.: IN CAMERA HEARING HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND COURT REPORTER.

THE COURT ORDERS IN CAMERA HEARING SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

2:14 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.
 

2:14 P.M.: DEBORAH WOLSKI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

2:20 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:44 P.M.: CROSS EXAMINATION CONCLUDED. MR. GERAGOS WISHES TO ADDRESS THE COURT AFTER THIS WITNESS TESTIFIES OUT OF THE PRESENCE OF THE JURY.

2:44 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

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

2:50 P.M.: RECROSS EXAMINATION BY MR. GERAGOS.

2:52 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:52 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 06/22/2004 AT 9:00 A.M. .

3:00 P.M.: IN CAMERA HEARING HELD IN THE CLOSED COURTROOM OUT OF THE PRESENCE OF THE JURY AND PUBLIC. PRESENT ARE THE JUDGE, COUNSEL, DEFENDANT, LARON JOHNSON, COURT REPORTER, AND THE
CLERK.

THE COURT ORDERS IN CAMERA HEARING SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 06/22/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/21/2004 .