Court Minutes:  July 14, 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:07/14/2004 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)

MinutesTRIAL DAY 64 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:45 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

PRESENT TO ARGUE THE MEDIA MOTION ARE ROCHELLE WILCOX FOR THE T.V. MEDIA AND KARL OLSON, PRESENT FOR THE PRINT MEDIA.

THE PRESS/MEDIA MOTION IS ARGUED BY KARL OLSON AND ROCHELLE WILCOX. MS. WILOX TO STAY FOR ARGUMENT REGARDING THE DIANE SAWYER TAPES.

DAVID HARRIS ARGUED ON BEHALF OF THE PEOPLE.

MARK GERAGOS ARGUED ON BEHALF OF THE DEFENDANT.

THE COURT TOOK JUDICIAL NOTICE PURSUANT TO EVIDENCE CODE SEC 452(D) OF THE PEOPLE VS. HILL CASE TO THE EXTENT THAT IT IS PERMITTED. IN MODERN DEVELOPMENT VS. NAVIGATION INSURANCE COMPANY THE COURT COULD CONSIDER IT FOR ITS VALUE AND PERSUASIVENESS OF REASONING.

THE COURT RESERVED RULING WHETHER OR NOT TO CLOSE PROCEEDINGS AND STATED THE DOCUMENTS WILL REMAIN SEALED.

BRIEFING SCHEDULE: ALL MOTIONS TO QUASH OR LIMIT TO BE FILED BY JULY 21 AND ALL REPLYS BY MONDAY, JULY 26.
 

THE ISSUES REGARDING THE GLORIA GOMEZ, REPORTER FOR KOVR NBC, LOCAL AFFILIATE (COUNSEL TO BE NOTIFIED) TO FOLLOW THE SAME BRIEFING SCHEDULE.

ALL MOTIONS WILL BE ARGUED AND RULED ON THURSDAY, JULY 29, 2004 AT 9:00 A.M. THE JUDGE WILL INFORM THE JURORS THEY WILL NOT BE IN COURT THAT DAY.

MR. OLSON ADDRESSED THE COURT REGARDING THE TAPES PREVIOUSLY PLAYED AND THE TRANSCRIPTS OF THOSE TAPES PROVIDED TO THE JURY AND IS REQUESTING THE ORIGINAL TRANSCRIPTS OF THOSE TAPES BE
ADMITTED INTO EVIDENCE.

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

EXHIBIT 23A: TRANSCRIPT OF PHONE CONVERSATION WITH SHARON AND SCOTT ON 2/13/03.

EXHIBIT 68A: TRANSCRIPT OF CD INTERVIEW OF SCOTT PETERSON BY DET. BROCCHINI.

10:50 A.M. : COURT RECESSED .

11:05 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

11:05 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

PRESS IS PRESENT.

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

EXHIBIT 131A: DIANE SAWYER GOOD MORNING TAPE FULL AIRED VERSION 1/28/03.

EXHIBIT 131B: PRIME TIME LIVE TAPE WITH DIANE SAWYER

EXHIBIT 131C: REDACTED TAPE

COUNSEL STIPULATE THAT THE COURT REPORTER NEED NOT REPORT THE PLAYING OF THE TAPE.

MR. GERAGOS AGREED TO PREPARE A TRANSCRIPT OF EXHIBIT 131A.

EXHIBIT 131D: TRANSCRIPT (REDACTED) OF EXHIBIT 131C.

11:27 A.M. EXHIBIT 131A CONCLUDED.

11:29 A.M. EXHIBIT 131B PLAYED.

11:46 A.M.: EXHIBIT 131B CONCLUDED.

ON THURSDAY, JULY 15, AT 1:30 P.M. THE FOLLOWING TAPES WILL BE PLAYED:

GLORIA GOMEZ - REDACTED/UNREDACTED TAPE

TED ROWLANDS UNREDACTED TAPE

11:45 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.

THE JUDGE INFORMED THE JURORS THAT TOMORROW AFTERNOON, JULY 15 AT 1:30 P.M. THERE WILL BE A CONTINUED EVIDENTIARY HEARING AND ON THURSDAY, JULY 29, THEY WILL BE OFF ALL DAY.

1:35 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 132: PHOTO OF THE MAXIMUM CAPACITY SIGN IN THE BOAT.

EXHIBIT 133: PHOTO OF SHOPPING BAG WITH BLACK PANTS AND PAPER BAG, #37 SIGN.

EXHIBIT 134: PHOTO DET. HENDEE WITH OLIVE LEAF WREATH ON HIS HEAD.

1:57 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

STIPULATION THAT COPIES OF THE FOLLOWING EXHIBITS CAN BE SUBSTITUTED FOR THE COPIES USED BY MR. GERAGOS.

EXHIBIT KKK: NOT USED.

EXHIBIT LLL: DIAGRAM OF PROPOSED SEARCH AREA

EXHIBIT MMM: DIAGRAM OF OVERALL SURVEY AREA

EXHIBIT NNN: DIAGRAM OF ENTIRE TARGET AREA

EXHIBIT OOO: MISSION 1 SURVEY AREA

EXHIBIT PPP: 2 PGS. SEARCH QUADRANTS

EXHIBIT QQQ: MISSION 1 FILTERED TARGET MAP POSITIONS

EXHIBIT RRR: MISSION 2 SURVEY AREA

EXHIBIT SSS: 2 PGS. MISSION 2 FILTERED TARGET MAP POSITIONS.

JURORS ADMONISHED.

2:35 P.M. : COURT RECESSED UNTIL 2:55 P.M. .

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

DEFENDANT PRESENT IN CUSTODY.

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

3:05 P.M.: DET. HENDEE, 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 TTT: MISSION 3 SURVEY AREA, (5 PAGES)

EXHIBIT UUU: MISSIONS 4, 5, 6, & 7, (16 PAGES)

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
07/15/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 07/15/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

MATTER CONTINUED TO 07/29/2004 AT 9:00 A.M. IN SCRWC COURT, D- 42 FOR MOTIONS .

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/14/2004 .