Court Minutes:  July 6, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & Records Print Date:11/11/2004
San Mateo CJISIn 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:07/06/2004 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 60 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:04 - 10:08 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

10:08 A.M. : COURT RECESSED .

10:19 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

10:19 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

THE COURT REQUESTED COUNSEL BE PREPARED TO CERTIFY VOLS. 54-57 ON WEDNESDAY, JULY 7, 2004.

10:21 A.M.: DOUGLAS MANSFIELD, D.O.J., CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY DAVID HARRIS.

10:35 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:03 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

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

11:15 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:16 A.M.: MICHAEL LOOBY, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 96A: AERIAL PHOTO - MUD FLAT/BEACH AREA

EXHIBIT 96B: AERIAL PHOTO - BIKE PATH/BEACH AREA

EXHIBIT 96C: AERIAL PHOTO - BEACH AREA, ROCK WALL, PEOPLE ON BEACH

EXHIBIT 96D: AERIAL PHOTO - CLOSE UP ROCKWALL, PEOPLE ON BEACH

11:34 A.M.: CROSS EXAMINATION BY MARK GERAGOS
 

EXHIBIT 96E: PHOTO GROUND VIEW WITH DEBRIS

EXHIBIT 96F: PHOTO MARSH AREA WITH DEBRIS

EXHIBIT 96G: PHOTO MARSH AREA WITH DEBRIS

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

EXHIBIT VV: PHOTO: MARSH AREA WHERE BABY FOUND

EXHIBIT WW1: PHOTO AREA WHERE BABY FOUND

EXHIBIT WW2: PHOTO MARSH AREA LOOKING TOWARDS POST OFFICE

EXHIBIT WW3: PHOTO AREA WHERE BABY FOUND, ROCKS

EXHIBIT WW4: PHOTO AREA WHERE BABY FOUND

11:45 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:45 A.M.: CAPTAIN ERIK NEWMAN, RICHMOND FIRE DEPT., CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

11:56 A.M.: DIRECT EXAMINATION CONCLUDED.

JURORS ADMONISHED.

11:56 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:33 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

1:33 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:34 P.M.: CAPTAIN NEWMAN, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

1:39 P.M.: NO REDIRECT EXAMINATION

1:39 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
 

1:40 P.M.: OFF. TOD OPDYKE, RICHMAND P.D., CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

2:00 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:17 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS

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

EXHIBIT 100: PHOTO HIGH TIDE ((EXHIBIT 96E)

2:23 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:23 P.M.: OFF. TIMOTHY (BRIAN) HARD, RICHMOND P.D., CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

JURORS ADMONISHED.

2:45 P.M. : COURT RECESSED UNTIL 3:05 P.M. .

3:05 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

3:06 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:06 P.M.: OFFICER HARD, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 97A: BLOWUP OVERVIEW BAY-BERKELEY MARINA TO BROOKS ISLAND

EXHIBIT 97B: BLOWUP OVERVIEW BROOKS ISLAND TO BERKELEY MARINA

EXHIBIT 98A: BLOW UP OF EXHIBIT 96B.

EXHIBIT 98B: BLOW UP AERIAL VIEW OF POSTAL CENTER

EXHIBIT 99: DIFFERENT VIEW OF AERIAL PHOTO IN EXHIBIT 96A.

EXHIBIT 102C: PHOTO BODY WEST TOWARDS EAST

EXHIBIT 102D: PHOTO CLOSE UP WITH SCALE FOR SIZE RELATION

EXHIBIT 102E: PHOTO OPPOSITE SIDE W/SCALE

EXHIBIT 102F: PHOTO HEAD/ARM OF BODY

EXHIBIT 102G: PHOTO HEAD/ARM OF BODY

EXHIBIT 102H: PHOTO LOWER ABDOMEN

EXHIBIT 102I: PHOTO LOG SHEET

EXHIBITS 96 G, F, & E ACCURATELY REPRESENTS THE SCENE ON 4-13-03.

3:17 P.M.: CROSS EXAMINATION BY MARK GERAGOS

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

EXHIBIT XX: AUTOPSY PHOTO OF CONNOR

3:38 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

3:41 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:42 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:44 P.M.: LENA GONZALEZ, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

3:57 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/07/2004 AT 9:00 A.M. .

OUT OF THE PRESENCE OF THE JURY THE COURT PROVIDED MR. GERAGOS AND MR. DISTASO A LIST OF THE WITNESSES FOR THE REMAINDER OF THE WEEK.

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 07/07/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/06/2004 .