Court Minutes:  June 22, 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:06/22/2004 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 54 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:10 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE JUDGE STATED THE RECORD VOLUMES 50-53 WILL BE CERTIFIED ON WEDNESDAY, JUNE 23.

THE COURT READ INTO THE RECORD THE TWO STIPULATIONS BY COUNSEL THAT WILL BE READ TO THE JURY. STIPULATION #1 REGARDING WITNESS DEBRA WOLSKI AND STIPULATION #2 STIPULATION AS TO DET.
BROCCHINI.

9:17 A.M.: JURORS ARE PRESENT IN THE COURTROOM.

THE JUDGE READ THE FOLLOWING STIPULATIONS TO THE JURY:

1. THE PARTIES STIPULATE THAT DEBRA WOLSKI, THE LAST WITNESS WHO TESTIFIED YESTERDAY NEVER TOLD ANYONE FROM THE PROSECUTION OR THE MODESTO POLICE DEPARTMENT THAT LACI HAD TO BE HELPED TO
THE CAR OR HAD DIFFICULTY WALKING ON UNEVEN SURFACES.

2. THE PARTIES STIPULATE THAT ONLY THE RELEVANT PORTIONS OF THE VIDEOTAPED INTERVIEW BETWEEN DET. BROCCHINI AND SCOTT PETERSON WILL BE SHOW TO YOU (THE JURY).

9:20 A.M.: DET. ALEN BROCCHINI, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 68: DVD INTERVIEW WITH SCOTT PETERSON AND DET. BROCCHINI

EXHIBIT 68A: TRANSCRIPT OF EXHIBIT 68

TRANSCRIPTS PASSED OUT TO THE JURORS WILL BE COLLECTED AFTER THE DVD IS FINISHED PLAYING.

9:40 A.M. : COURT RECESSED .

JURORS ADMONISHED.

9:47 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

JURORS ADMONISHED.

10:52 A.M. : COURT RECESSED UNTIL 11:15 A.M. .

11:14 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

11:14 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

EXHIBIT 69: BINDER WITH PHOTOS A-M

EXHIBIT 69A: OVERVIEW BERKELEY MARINA-BROOKS ISLAND

EXHIBIT 69B: CLOSER VIEW OF BERKELEY MARINA-BROOKS IS.

EXHIBIT 69C: CLOSER VIEW OF BROOKS ISLAND

EXHIBIT 69D: TIP BROOKS ISLAND

EXHIBIT 69E: BROOKS ISLAND "NO LANDING" SIGN

EXHIBIT 69F: CLOSE UP BROOKS ISLAND SHORELINE WITH DEBRIS.

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

1:30 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:30 P.M.: DET. BROCCHINI, 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 70-AA: ENVELOPE CONTAINING NEGATIVES OF EXHIBIT 70 A-Z.

THE FOLLOWING EXHIBITS 70 N-X WERE TAKEN BY DET. BROCCHINI WERE PULLED OUT AND IDENTIFIED ON THE RECORD AND ADMITTED INTO EVIDENCE:

EXHIBIT 70N: PHOTO BACK PORTION OF BOAT/LICENSE NUMBER

EXHIBIT 70-0: PHOTO LEFT SIDE OF BOAT WITH CF NUMBER

EXHIBIT 70-P: PHOTO REAR OF BOAR WITH MOTOR, RED ROPE, ETC.

EXHIBIT 70-Q: PHOTO CENTER SECTION OF BOAT, GLOVES, AND PORTION OF NEEDLE NOSE PLIERS, SPARE TIRE, FISHING POLE

EXHIBIT 70-R: ITEMS IN TACKLE BOX, HOME MADE ANCHOR

EXHIBIT 70-S: PHOTO FRONT OF BOAT, GAS CAN, ETC.

EXHIBIT 70-T: PHOTO OUTSIDE SHOP LOOKING SIDE AT BOAT

EXHIBIT 70-U: BLANK PHOTO OF REFLECTION

EXHIBIT 70-V: MODESTO P.D. CAR #52

EXHIBIT 70-W: PHOTO PATROL CAR #52 WINDOW

THESE EXHIBITS ARE PUBLISHED FOR THE JURY TO VIEW.

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

EXHIBIT 71: EVIDENCE ENVELOPE CONTINING 22 CALIBER HAND GUN

EXHIBIT 72: EVIDENCE BAG CONTAINING CEMENT ANCHOR

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE :

EXHIBIT 73: EVIDENCE ENVELOPE CONTAINING BIG 5 BAG AND RECEIPT.

EXHIBIT 74: EVIDENCE ENVELOPE CONTAINING 2 FISHING LURES AND 1999 2 DAY FISHING LICENSE.

THE REMAINDER OF EXHIBIT 69 ARE IDENTIFIED ON THE RECORD.

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

EXHIBIT 69G: PHOTO BOAT WITH CF#, GAS CAN, BOXES, ETC.

EXHIBIT 69H: PHOTO PATIO AREA AT COVENA HOUSE

EXHIBIT 69I: THREE WHITE UMBRELLAS BY POOL

EXHIBIT 69J: TWO GREEN LADDERS IN BACK YARD

EXHIBIT 69K: PHOTO INSIDE OF STORAGE SHED, GARDEN TOOLS

EXHIBIT 69L: PHOTO TARP (WHITE) HANGING ON FENCE

EXHIBIT 69M: PHOTO BACKYARD - GARBAGE CAN

EXHIBIT 75: SEALED EVIDENCE ENVELOPE CONTINING GREY SLIPPER

EXHIBIT 76: SEALED EVIDENCE ENVELOPE CONTAINING HAIRBRUSH

EXHIBIT 77: SEALED EVIDENCE ENVELOPE CONTAINING PINK SLIPPER

EXHIBIT 78: SEALED EVIDENCE ENVELOPE CONTAINING SUNGLASSES/CASE

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE :

EXHIBIT 79: EVIDENCE ENVELOPE CONTINING 2 DAY (2003) FISHING LICENSE

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

EXHIBIT 80: EVIDENCE BAG CONTINING CEMENT PIECES

EXHIBIT 81: MARTHA STEWART TAPE 12/23/02

EXHIBIT 81A: TRANSCRIPT OF EXHIBIT 81

EXHIBIT 82: MARTHA STEWART TAPE 12/24/02

EXHIBIT 82A: TRANSCRIPT OF EXHIBIT 82

EXHIBIT 83: COPY OF FAX RECEIVED

JURORS ADMONISHED.

2:30 P.M. : COURT RECESSED UNTIL 2:50 P.M. .

2:50 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

2:50 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:52 P.M.: DET. BROCCHINI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

2:55 P.M.: JURORS EXIT THE COURTROOM.

2:55-3:15 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.

3:15 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:15 P.M.: DET. BROCCHINI, 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 84A: PAGE TAKEN FROM SPIRAL NOTEBOOK "AMBER..."

EXHIBIT 85A: PAGE TAKEN FROM DAY PLANNER - MARCH 2003 "IMPORTANT DATE FOR AMBER"

3:42 P.M.: DIRECT EXAMINATION CONCLUDED. CROSS EXAMINATION TO BEGIN TOMORROW AT 9:00 A.M.

3:42 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 06/23/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:42 P.M. : COURT ADJOURNED TO RECONVENE ON 06/23/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY SELECTION.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/22/2004