Court Minutes:  July 7, 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:07/07/2004 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 61 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:07 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE RECORD WILL BE CERTIFIED ON THURSDAY, JULY 8, 2004.

THE JUDGE CLARIFIED ON THE RECORD THE CORRECT SPELLING OF CONNER (SPELLED AS CONNOR ON THE POSTER BOARD EXHIBITS).

9:10 A.M.: LENA GONZALEZ, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

9:15 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS

9:17 A.M.: FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

9:17 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:28 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

9:41 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

9:48 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

9:50 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

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

EXHIBIT 105A: PHOTO BABY DOE- 2 VIALS DNA

EXHIBIT 105B: VIAL #1 BABY DOE FEMER BONE

EXHIBIT 105C: VIAL #2 RED SMUDGE

EXHIBIT 105D: JANE DOE VIAL CONTAINING MUSCLE TISSUE

EXHIBIT 105E: JANE DOE MUSCLE TISSUE AND VIAL

10:04 A.M.: CROSS EXAMINATION BY MARK GERAGOS

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

EXHIBIT YY: PHOTO PLASTIC BAG

EXHIBIT ZZ: PHOTO PLASTIC BAG

1014: REDIRECT EXAMINATION BY DAVID HARRIS

10:16 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:16 A.M.: ALONZO CHESS, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 106 A-P: BINDER BERKELEY MARINA AND KIM FULBRIGHT IN THE BOAT AND IN THE TRUCK.

EXHIBIT 106A: AERIAL VIEW OF THE BERKELEY MARINA

10:25 A.M.: CROSS EXAMINATION BY PAT HARRIS

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

EXHIBIT AAA: BERKELEY MARINA PAMPHLET

EXHIBIT BBB: LIST OF MARINAS IN THE BAY AREA

JURORS ADMONISHED.

10:35 A.M. : COURT RECESSED UNTIL 10:55 A.M. .

10:55 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

10:55 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

DEFENDANT PRESENT IN CUSTODY.

10:55 A.M.: ALONZO CHESS, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY PAT HARRIS.

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

EXHIBIT CCC: MAP OF BERKELEY MARINA

11:06 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 106B: BOAT LAUNCH RAMP

11:09 A.M.: RECROSS EXAMINATION BY PAT HARRIS.

11:09 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:10 A.M.: SYLVESTER GOOSBY, (BERKELEY MARINA), CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

11:15 A.M.: CROSS EXAMINATION BY PAT HARRIS.

11:22 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

11:24 A.M.: RECROSS EXAMINATION BY PAT HARRIS.

11:25 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:25 A.M.: GARY FREEDMAN, (BERKELEY MARINA SPORTS CENTER), CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

11:28 A.M.: CROSS EXAMINATION BY PAT HARRIS.

11:33 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

11:33 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:34 A.M.: CLIFF MARCHETTI, CITY OF BERKELEY WATERFRONT MANAGER, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 107: 3 DAY TICKET RECEIPTS FOR 12/24-12/27.

EXHIBIT 106C: PHOTO OF TICKET MACHINE

EXHIBIT 106D: PHOTO SIGN - BOAT RAMP FEE $5.00

11:45 A.M.: CROSS EXAMINATION BY PAT HARRIS.

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

EXHIBIT DDD: 2 PAGE- INTERNET: PARKS RECREATION & WATERFRONT FREQUENTLY ASKED QUESTIONS ABOUT BERKELEY MARINA.

JURORS ADMONISHED.

12:00 P.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.: CLIFF MARCHETTI, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY PAT HARRIS

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

EXHIBIT EEE: MAP OF SAN FRANCISCO BAY AREA

1:40 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

1:55 P.M.: FURTHER REDIRECT EXAMINATION BY RICK DISTASO

1:56 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

1:57 P.M.: BRUCE PETERSON (PREVIOUS OWNER OF BOAT), CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 108A: PHOTO BOAT ON BACK OF TRUCK, TRAILER, ETC.

EXHIBIT 108B: PHOTO BOAT WITH CANVAS COVER

EXHIBIT 108C: PHOTO BOAT FROM BACK WITH COVER

2:12 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT 108D - PHOTO HEAD ON SHOT OF COVERED BOAT

2:25 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:26 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:26 P.M.: KIM FULBRIGHT, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:29 P.M.: THIS WITNESS IS EXCUSED UNTIL AFTER A 402 HEARING.

2:29 P.M.: DAVID BROWNE, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:37 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:41 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

2:41 P.M. : COURT EXCUSED JURORS FOR RECESS UNTIL 3:00 P.M. .

2:48 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:08 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

3:08 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT INFORMED THE JURY THAT COURT WOULD NOT BE IN SESSION THURSDAY, JULY 8, 2004, BECAUSE ONE OF THE ATTORNEYS WILL BE ATTENDING A FUNERAL. COURT WILL RECONVENE ON MONDAY, JULY 12,
2004.

3:08 P.M.: KIM FULBRIGHT, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

EXHIBIT 106F: KIM LYING IN BACK SEAT OF BOAT

EXHIBIT 106G: OUTSIDE OF BOAT WITH KIM INSIDE

EXHIBIT 106H: KIM LYING IN MIDDLE OF BOAT

EXHIBIT 106I: OUTSIDE OF BOAT WITH KIM IN MIDDLE OF BOAT

EXHIBIT 106J: KIM LYING IN FRONT PORTION OF BOAT

EXHIBIT 106K: OUTSIDE OF BOAT WITH KIM IN FRONT OF BOAT

EXHIBIT 106L: PHOTO OF BOAT

EXHIBIT 106M: KIM STANDING IN BACK OF TRUCK WITH TAIL GATE UP

EXHIBIT 106N: KIM STANDING IN TRUCK W/TAIL GATE DOWN

EXHIBIT 106-O: KIM STANDING IN TOOL BOX IN TRUCK

EXHIBIT 106P: KIM LYING IN TOOL BOX

3:15 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

3:23 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:23 P.M.: SGT. RICK ARMENDARIZ, MODESTO P.D. 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 109: MAP OF BAY

3:34 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT FFF: LIST OF AGENCIES ASSISTING WITH BAY SEARCH

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/12/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 07/12/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

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