Court Minutes:  July 13, 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: 10:48 am

Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE

Case No.: SC 055500 A Date:07/13/2004 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 63 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:00 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:05 A.M.: DOUG LOVELL, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

9:26 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

9:30 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

9:32 A.M.: FURTHER REDIRECT EXAMINATION BY RICK DISTASO.

9:34 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:35 A.M.: OFF KIM CASTRO, MODESTO P.D., CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

9:39 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

9:42 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:43 A.M.: DET HENRY DODGE HENDEE, MODESTO 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 .

EXHIBIT 115A: PHOTO OF NURSERY, CRIB, DRESSER

EXHIBIT 115B: PHOTO OF DRESSER, WICKER BASKET

EXHIBIT 115C: PHOTO TOP OF DRESSER WITH SONOGRAM

EXHIBIT 116A: PHOTO TRUCK BACK, STORAGE BOX, CHICKEN WIRE, CLAW HAMMER

EXHIBIT 116B: PHOTO STAINS ON DOOR WITH MEASUREMENT

EXHIBIT 116C: DIAGRAM AERIAL VIEW OF TRUCK/MEASUREMENTS

EXHIBIT 116D: DIAGRAM MEASUREMENT/LEDGEND OF TRUCK WITHOUT TOOL BOX

EXHIBIT 116E: DIAGRAM TRUCK

EXHIBIT 116F: DIAGRAM LOCATION OF SUSPECTED BLOOD SAMPLES TAKEN FROM TRUCK

10:26 A.M. : COURT RECESSED UNTIL 10:50 A.M. .

JURORS ADMONISHED.

10:45 - 11:00 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

11:04 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

11:04 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:04 A.M.: DET. HENDEE, 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 117: EVIDENCE BAG AND CONTENTS CONTAINING CONCRETE FROM TRUCK

EXHIBIT 118: DVD OF SEARCH WARRANT AT WAREHOUSE

COUNSEL STIPULATE THE COURT REPORTER NEED ONLY REPORT THE QUESTION AND ANSWERS DURING THE PLAYING OF THE DVD.

11:42 A.M.: DVD CONCLUDED PLAYING.

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

EXHIBIT 119A: PHOTO FRONT OF WAREHOUSE

EXHIBIT 119B: PHOTO COMPUTER DESK, COMPUTERS, PAPER,ETC.

EXHIBIT 119C:#106 - BIG 5 BAG AND RECEIPT.

EXHIBIT 119D:#107- DOCUMENT PRINTED OFF INTERNET WITH FISHING LOCATIONS

EXHIBIT 120A: PHOTO #44 - PLIERS WITH HAIR

JURORS ADMONISHED.

11:58 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:34 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

1:34 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:34 P.M.: DET. HENDEE, 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 120-B: PHOTO TWO HAIRS IN BOX/EVIDENCE ENVELOPE.

EXHIBIT 120-C: PHOTO CLOSE UP OF EXHIBIT 120-B.

EXHIBIT 121-A: PHOTO OF BOAT WITH FISHING RODS/PLIERS

EXHIBIT 121-B: PHOTO OF BOAT WITH FISHING RODS/PLIERS

EXHIBIT 121-C: PHOTO OF FRONT SECTION OF BOAT WITH GREEN BAG.

EXHIBIT 121-D: DIAGRAM GAME FISHER BOAT MEASUREMENTS.

EXHIBIT 121-E: DIAGRAM BOAT DEPTH MEASUREMENTS.

EXHIBIT 121-F: DIAGRAM WITH TRAILER HEIGHT MEASUREMENTS.

EXHIBIT 121-G: DIAGRAM CLOSE UP BACK OF BOAT MEASUREMENT

EXHIBIT 121-H: DIAGRAM OPPOSITE BACK SIDE OF BOAT MEASUREMENT.

EXHIBIT 122-A: PHOTO TRAILER, BOAT, POWDER, GAS CAN

EXHIBIT 122-B: PHOTO DUST PAN AND POWDER

EXHIBIT 122-C: PHOTO DUST PAN, POWDER, SLEDGE HAMMER

EXHIBIT 122-D: PHOTO W/MARKERS, TRAILER, PITCHER, SLEDGE HAMMER

EXHIBIT 122-E: PHOTO W/MARKERS, CLOSEUP PITCHER, ETC.

EXHIBIT 122-F: PHOTO W/MARKERS, PITCHER, ETC. POWDER

EXHIBIT 122-G: PHOTO, MARKERS, ANCHOR PLACED IN PITCHER

EXHIBIT 122-H: PHOTO, BOAT TRAILER IN WAREHOUSE

EXHIBIT 122-I: PHOTO BACK RIGHT SIDE OF TRAILER.

EXHIBIT 123: EVIDENCE BOX WITH CONTENTS - PITCHER

EXHIBIT 123-A: PITCHER

EXHIBIT 124: SEALED ENVELOPE CONT. SHEET ROCK SCREWS.

EXHIBIT 125: SEALED ENVELOPE CONT. READY MIX CEMENT FROM WAREHOUSE FLOOR.

EXHIBIT 126: SEALED ENVELOPE CONT. SAMPLE FROM SHOP-VAC

EXHIBIT 127: SEALED BAG WITH CLAW HAMMER

EXHIBIT 128: SEALED BAG CONTAINING BLACK NIKE TENNIS SHOES.

JURORS ADMONISHED.

2:39 P.M. : COURT RECESSED UNTIL 2:55 P.M. .

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

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

DEFENDANT PRESENT IN CUSTODY.

THE COURT INFORMED THE JURORS THAT COURT WILL BEGIN AT 1:30 P.M. ON WEDNESDAY, JULY 14.

3:05 P.M.: DET. HENDEE, 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 129: WHITE PLASTIC BAG CONTAINING BLACK RUBBER BOOTS, WHITE SOCKS, BLUE GLOVE, WATCH CAP FOUND IN RED PLASTIC TUB.

EXHIBIT 130: EVIDENCE ENVELOPE CONTAINING NEEDLE NOSE PLIERS.

THE EXHIBITS LISTED BELOW WERE PREVIOUSLY MARKED FOR IDENTIFICATION ON BEHALF OF THE PEOPLE AND ARE NOW ADMITTED:

EXHIBITS: 120A, 122B, 122D, 122E, 122F, 122G

3:56 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/14/2004 AT 1:30 P.M. .

DEFENDANT REMAINS IN CUSTODY.

3:56 P.M. : COURT ADJOURNED TO RECONVENE ON 07/14/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/13/2004 .