Court Minutes:  July 12, 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:07/12/2004 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 62 .

8:56-9:05 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

LARON JOHNSON PRESENT AS COURT REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

9:07 A.M.: SGT. ARMENDARIZ, 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 GGG: PAGE OF A GROUP OF PHOTOS OF ITEMS RETRIEVED FROM VARIOUS DIVES IN THE BAY

COUNSEL STIPULATE A PHOTOCOPY OF EXHIBIT GGG CAN BE SUBSTITUTED.

9:40 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

9:47 A.M.: RECROSS EXAMINATION BY MARK GERAGOS

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

9:50 A.M.: SGT. ADAM MCGILL, MODESTO P.D., 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 110: VIDEO - SEARCH WARRANT OF HOUSE DEC. 26-27, 2002

COUNSEL STIPULATE THE COURT REPORTER TO ONLY REPORT STATEMENTS MADE DURING THE PLAYING OF THE VIDEO.

10:30 A.M. : COURT RECESSED UNTIL 10:50 A.M. .

10:50 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

10:50 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT.

10:50 A.M.: SGT. MCGILL, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

10:50-11:16 A.M.: SEARCH WARRANT VIDEO CONTINUES AND CONCLUDED.

11:16 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT HHH-1: PHOTO SGT. MCGILL GOING UNDER HOUSE

EXHIBIT HHH-2: PHOTO UNDER HOUSE

EXHIBIT HHH-3: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE

EXHIBIT HHH-4: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE

EXHIBIT HHH-5: PHOTO SGT. MCGILL CRAWLING UNDER HOUSE

11:44 A.M.: REDIRECT EXAMINATION BY RICK DISTASO

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

11:46 A.M.: DET. RAY COYLE, MODESTO P.D., 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 111(A-K): BINDER WITH PHOTOS TAKEN DURING SEARCH WARRANT ON DEC. 26-27, 2002:

EXHIBIT 111-A: TWO GREEN LADDERS, GARDEN EQUIPMENT, SHED

EXHIBIT 111-B: GARDEN TOOLS, BLOWER, ETC.

EXHIBIT 111-C: BOAT COVER ON FENCE

EXHIBIT 111-D: PATIO AND STORAGE ROOM

EXHIBIT 111-E: BLUE TARP ON PATIO

EXHIBIT 111-G: JEWELRY BOX WITH PASSPORTS/SOCIAL SECURITY CARD AND JEWELRY

EXHIBIT 111-H: CLOTHES HAMPER

EXHIBIT 111-I: BEDSPREAD IN MASTER BEDROOM, WITH BLOOD SPOTS AND RULER

EXHIBIT 111-J: DRAWER IN BATHROOM WITH HAIR BRUSH AND HAIR DRYERS

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:30 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

AFTER REVIEW BY COUNSEL THE COURT ORDERS THE FOLLOWING VOLUMES TO BE CERTIFIED:

VOL. 54: 6-21-04, PGS. 10474-10698, VOL. 55: 6-22-04, PGS. 10699-10852, VOL. 56: 6-23-04, PGS. 10853-11065, VOL. 57: 6-24-04, PGS. 11066-11255, VOL. 58: 6-28-04, PGS. 11256-11458, VOL. 59: 6-29-04, PGS. 11459-11675, AND VOL. 60: 6-30-04, PGS. 11676-11752.

1:35 P.M.: JURY PRESENT

1:35 P.M.: DET. RAY COYLE, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 112: EVIDENCE BAG CONTAINING CANVAS BOAT COVER

1:53 P.M.: CROSS EXAMINATION BY MARK GERAGOS

1:54 P.M.: THE JURY EXITS THE COURTROOM

REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, LARON JOHNSON, COURT REPORTER.

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

2:10 P.M.: CROSS EXAMINATION BY MARK GERAGOS CONTINUES.

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

EXHIBIT 113: LIST OF 290 SEX REGISTRANTS

COPY OF THIS LIST TO BE SUBSTITUTED FOR THE ORIGINAL BY STIPULATION OF COUNSEL. ORIGINAL COPY RETURNED TO DET. COYLE.

2:20 P.M.: DET. COYLE ORDERED BACK BY THE COURT FOR FURTHER CROSS EXAMINATION ON THURSDAY, JULY 15, 2004.

2:21 P.M.: DET. RUDY SKULTETY, 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 114-A: TWO SIDED PHOTO OF EVIDENCE ENVELOPES CONTAINING HAIR SAMPLES

EXHIBIT 114-B: TWO SIDED PHOTO OF PACKAGES WITHIN EXHIBIT 114-A.

2:34 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT III: PHOTO FROM VIDEO OF HAMPER IN MASTER BEDROOM (W/TIME STAMP)

EXHIBIT JJJ: PHOTO FROM VIDEO OF HAMPER IN MASTER BEDROOM

JURORS ADMONISHED.

3:05 P.M. : COURT RECESSED UNTIL 3:25 P.M. .

3:25 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

3:25 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:25 P.M.: DET. SKULETY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS

3:37 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

3:43 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:47 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:48 P.M.: DOUG LOVELL, MODESTO P.D., CALLED BY THE PEOPLE IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

3:52 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/13/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 07/13/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/12/2004 .