Court Minutes:  June 29, 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: 10:47 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:06/29/2004 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)

MinutesTHE FOLLOWING MINUTE ORDER IS AMENDED, NUNC PRO TUNC, AS OF AUGUST 24, 2004, TO REFLECT THE UNREPORTED IDENTIFICATION OF A COURT EXHIBIT:

COURT EXHIBIT 19: NEWS/EMAIL ARTICLES (ORDERED SEALED BY THE COURT).

TRIAL DAY 58 .

VALERIE CATHEY PRESENT AS COURT REPORTER.

9:00 - 9:16 A.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.

9:20 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

NO FURTHER CROSS EXAMINATION OF DET. BROCCHINI BY MARK GERAGOS.

9:20 A.M.: DET. BROCCHINI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER REDIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 86: TIP FROM CARLA TEAS 6/29/03

REQUEST BY MR. DISTASO FOR THE COURT TO TAKE JUDICIAL NOTICE OF P.C. 12031 IS RESERVED UNTIL HEARING ARGUEMENT BY MR. GERAGOS.

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

EXHIBIT 88: PHOTO TOP OF COMPUTER DESK/CABINET

EXHIBIT 89: PHOTO CABINET INTERIOR

EXHIBIT 90: COPY OF AT&T PHONE RECORDS 12/24-25, 2002

10:25 A.M. : COURT JURY RECESSED UNTIL 10:45 A.M. .

JURORS ADMONISHED.

OUT OF THE PRESENCE OF THE JURY MR. DISTASO ADDRESSED THE COURT RE WITNESS INFORMATION ADDRESSED BY MR. GERAGOS IN CROSS EXAMINATION. ARGUED BY MR. GERAGOS.

10:30 A.M. : COURT RECESSED UNTIL 10:45 A.M. .

10:45 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:46 A.M.: DET. BROCCHINI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER REDIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 91: PHOTO TIMERLINE SHOES

EXHIBIT 92: WET BAR ON PATIO

11:14 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

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

11:45 A.M.: FURTHER REDIRECT EXAMINATION BY RICK DISTASO

11:47 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:47 A.M.: RONALD WELSH, CRIMINALIST, D.O.J, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF OF FIREARM IDENTIFICATION

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

EXHIBIT 93A: PHOTO GUN, LLAMA/22 CALIBER

EXHIBIT 93B: PHOTO LOADED MAGAZINE

EXHIBIT 93C: PHOTO LOADED MAGAZINE (CLOSEUP

EXHIBIT 93D: PHOTO CHAMBER END WITH HAIR/FIBER

JURORS ADMONISHED.

11:57 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30-1:39 P.M.: UNREPORTED CONFERENCE HELD WITH THE COURT, COUNSEL, AND DEFENDANT REGARDING SCHEDULING.

1:39 P.M. : LARON JOHNSON REPLACES VALERIE CATHEY AS COURT REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

1:39 P.M.: RONALD WELSH, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

2:01 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT RR: PHOTO (4) OF GUN CHAMBER END.

EXHIBIT SS: PHOTO (4) OF DEBRIS IN MUZZLE, BARREL OF GUN

2:22 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

2:24 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:25 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:26 P.M.: ERIC OLSEN, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

JURORS ADMONISHED.

2:46 P.M. : COURT RECESSED UNTIL 3:05 P.M. .

3:05 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:05 P.M.: ERIC OLSEN, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND, UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

3:19 P.M.: CROSS EXAMINATION BY PAT HARRIS

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

EXHIBIT TT: PHOTO FLAT BED TRAILER TAKEN ON 12/27/02

3:51 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
 

3:51 P.M.: DAVID FERNANDEZ, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

3:56 P.M.: CROSS EXAMINATION BY PAT HARRIS.

3:57 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS

3:57 P.M.: RECROSS EXAMINATION BY PAT HARRIS

3:58 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:58 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 06/30/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:58 P.M. : COURT ADJOURNED TO RECONVENE ON 06/30/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 06/29/2004 .