Minute Order:  Amended Protective Order/Decision

 

SUPERIOR COURT. STATE OF CALIFORNIA, COUNTY OF STANISLAUS

 

THE PEOPLE OF THE STATE OF CALIFORNIA VS. SCOTT LEE PETERSON

 

NATURE OF HEARING:  AMENDED PROTECTIVE ORDER/DECISION 

NO: 1056770

 

JUDGE:  A. GIROLAMI

BAILIFF:  LARRY SWEATMAN

DATE:  July 1, 2003

CLERK:  J. Carvalho        

REPORTER:     none                  

Modesto, California

 

Appearances:  None

 

The Court, having considered the Points and Authorities submitted and having heard the arguments of Counsel hereby amends the Protective Order of June l1, 1003 as follows:

 

  1. The defendant is clearly specified as being subject to the order.

  2. Those expected to testify are limited to thos so notified by the Prosecution or Defense.

  3. Paragraph 2 of the prohibitions is modified to delete the last phrase and insert “that may be relevant to the guilt or innocence of the Defendant herein in that the document, exhibit, or photgraph or any other evidence tends to either prove or disprove a material fact in issue in this matter.

  4. Paragraph 3 of the prohibitions is modified in the same manner as paragraph 2.  Also, “or authorize” is inserted after the first word.

 

AMENDED ORDER

(JULY 1, 2003)

 

It is the Order of this Court that no attorney connected with this case as Prosecutor or Defence Counsel, nor any other attorney working in those offices, nor their agents, staff, or experts, nor the defendant himself, nor any judicial officer or court employee, nor any law enforcement employee of any agency involved in this case, nor any persons subpoenaed or have been told by the Prosecution or the defense that they are expected to testify in this matter, shall do any of the following:

 

  1. Release or authorize the release for public dissemination of any purported extrajudicial statement of either the defendant or witnesses relating to this case;

  2. Release or authorize the release of any documents, exhibits, photographs, or any evidence that may be relevant to the guilt or innocence of the defendant herein in that the document, exhibit, or photograph or any other evidence tends to prove or disprove a material fact in issue in this matter;

  3. Make or authorize any statement for public dissemination as to the existence or possible existence of any document, exhibit, photograph or any other evidence that may be relevant to the guilt or innocence of the defendant herein in that the document, exhibit, or photograph or any other evidence tends to prove or disprove a material fact in issue in  this matter;

  4. Express outside of court an opinion or make any comment for public dissemination as to the weight, value, or effect of any evidence as tending to establish guilt or innocence;

  5. Make any statement outside of court as to the nature, substance, or effect of any statements or testimony that have been given.

  6. Issue any statement as to the identity of any prospective witness, or the witness’s probable testimony, or the effect thereof;

  7. Make any out of court statement as to the nature, source, or effect of any purported evidence alleged to have been accumulated as a result of the investigation of this matter.

  8. Make any statement as to the content, nature, substance, or effect of any testimony which may be given in any proceeding related to this matter.

Any violation of this order will result in a contempt action for any offender within the jurisdiction of this Court.

 

This order does not include any of the following:

  1. Factual statements of the accused person name, age, residence, occupation and family status.

  2. The circumstances of the arrest, namely, the time and place of the arrest, the identity of the arresting and investigating officers and agencies, and the length of the investigation.

  3. The nature, substance, and text of the charge, including a brief description of the offences charged.

  4. Quotations from, or any reference without comment to, public records of the Court in the case, or to other public records or communications heretofore disseminated to the public.

  5. The scheduling and result of any stage of the judicial proceedings held in open court in an open or public session.

  6. A request for assistance in obtaining of evidence or the names of possible witnesses.

  7. Any witness may discuss any matter with any Prosecution or Defense Attorney in this action, or any agent thereof; and if represented may discuss any matter with his/her own attorney.

A copy of this order shall be provided to any prospective witness that a party intends to call for any proceeding in this action.  If held to answer at the preliminary hearing, the court will consider at the arraignment whether this order should be modified or terminated pending jury selection.  Any objections or suggested modifications to the continuation of this order should be filed in writing five days prior to the arraignment.

 

Dated:  7/1/03                                         

/signature/

Girolami, Judge of Stanislaus Superior Court

 

Copy sent to:

 

Mark Geragos, Esq.

350 South Grand Avenue

39th Floor

Los Angles, California 90071

 

Kirk W. McAllister, Esq

1012 11th Street, Suite 101

Modesto, California 95354

 

Rick Distaso, DDA

Office of the District Attorney

Courthouse

Modesto, California

 

David Harris, DDA

Office of the District Attorney

Courthouse

Modesto, California

 

Gloria Allred, Esq.

6300 Wilshire Blvd.

Los Angeles, California 90048

 

Charity Kenyon, Esq.

2500 Venture Oaks Way, Suite 220

Sacramento, California 95833