Court Minutes:  June 24, 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:06/24/2004 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 56 .

LINDA SWANNER PRESENT AS COURT REPORTER.
 

UNREPORTED CONFERENCE HELD WITH THE COURT AND COUNSEL RE SCHEDULING, DEFENDANT NOT PRESENT.

9:15 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

COURT EXHIBIT 16: SUBPOENAED TAPE FROM PETER SHAPLEN

COURT EXHIBIT 17: JUROR ALIAS (ORDERED SEALED)

COURT EXHIBIT 18: MEMO 6/23/04 (ORDERED SEALED)

9:15 A.M.: DET. BROCCHINI, 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 V-1: FISHING POLE FOUND IN BOAT ON 12/24/02

EXHIBIT V-2: FISHING POLE FOUND IN MERCEDES WHEN SCOTT WAS ARRESTED.

EXHIBIT V-3: FISHING POLE FOUND IN BOAT

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

EXHIBIT W: TACKLE BOX

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

EXHIBIT X: 1999 2 DAY FISHING LICENSE

EXHIBIT Y: EVIDENCE ENVELOPE CONTAINING VARIOUS LICENSES

EXHIBIT Z: EVIDENCE ENVELOPE CONTAINING VARIOUS LICENSES

EXHIBIT AA: BAG CONTINING, ROPE RECOVERED FROM GREEN DUFFLE BAG (TAKEN IN SEARCH WARRANT)

JURORS ADMONISHED.

10:15 A.M. : COURT RECESSED UNTIL 10:35 A.M. .

10:39 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:39 A.M.: DET. BROCCHINI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

EXHIBIT 1M: PHOTO OF OUTSIDE STORAGE SHED

EXHIBIT 1AA: PHOTO OUTSIDE STORAGE SHED WITH YARD TOOLS

EXHIBIT 1K: PHOTO- OUTSIDE BAR COUNTER/KITCHEN WINDOW

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

EXHIBIT BB: BEST WESTERN RECEIPT/CHARGE INFORMATION, 2 PAGES

EXHIBIT CC: CELLPHONE MESSAGE FROM SCOTT TO LACI

THE COURT INFORMED THE JURORS THAT NEXT WEEK COURT WOULD BE IN SESSION JUNE 28, 29, AND 30. COURT WILL RESUME ON TUESDAY, JULY 6. (MONDAY, JULY 5 IS A COURT HOLIDAY.)

JURORS ADMONISHED.

11:50 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 - 1:53 P.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT AND COUNSEL RE WITNESS TESTIMONY THIS AFTERNOON.

1:54 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:55 P.M.: DET. BROCCHINI, 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 DD-1: PHOTO BOAT IN WAREHOUSE

EXHIBIT DD-2: PHOTO OF WALL WITH PHOTOS IN WAREHOUSE

EXHIBIT DD-3: PHOTO INSIDE OF WAREHOUSE

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

JURORS ADMONISHED.

2:50-2:55 P.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND COURT REPORTER.

THE COURT ORDERS IN CHAMBERS CONFERENCE SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

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

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

DEFENDANT PRESENT IN CUSTODY.

2:55 P.M.: DET. BROCCHINI, 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 EE: PHOTO OF PLIERS (PRELIM. EXHIBIT #139)

EXHIBIT FF: PHOTO OF PLIERS/TIRE, ETC. IN BOAT - (PRELIM EXHIBIT #88)

EXHIBIT GG: PHOTO INTERIOR OF BOAT ON 12/24, TACKLE BOX, ANCHOR (PRELIM EXHIBIT #92)

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

EXHIBIT HH: PHOTO OF HAIR/EVIDENCE ENVELOPE (PRELIM EXHIBIT #134)

EXHIBIT II: PHOTO OF PAIL AND ANCHOR

EXHIBIT JJ: COPY OF MEMO TO ROSS LEE, CITY OF MODESTO FROM DET. BROCCHINI, DATED 2/28/03.

EXHIBIT KK: EMAIL REPLY FROM ROSS LEE TO DET. BROCCHINI.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 06/28/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 06/28/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/24/2004 .