Court Minutes: July 21, 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:07/21/2004 Time:9:00 AM Dept:42
Judge: ALFRED A DELUCCHI, JUDGE Clerk: MARYLIN MORTON
Reporter SEE MINUTES 2nd Clerk M. HENRY
D.A.: GERAGOS/P. HARRIS Defense Co. DISTASSO/D. HARRIS
Proceedings: NUNC PRO TUNC MINUTE ORDER
Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)
Minutes TRIAL DAY 68 .
UNREPORTED IN CHAMBERS CONFERENCE HELD IN CHAMBERS WITH COURT AND COUNSEL.
9:00 A.M. : MARY HENRY REPLACES MARYLIN MORTON AS COURT CLERK.
LINDA SWANNER PRESENT AS COURT REPORTER
9:05 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
9:06 A.M. DET. HOUSE, WHO WAS PREVIOUSLY SWORN, RESUMED THE WITNESS STAND FOR FURTHER CROSS EXAMINATION BY MARK GERAGOS.
9:17 A.M. RE DIRECT EXAMINATION BY DAVID HARRIS.
9:20 A.M. RE CROSS EXAMINATION BY MR. GERAGOS.
9:22 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
9:25 A.M. DET. MIKE HERMOSA, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.
9:30 A.M. CROSS EXAMINATION BY MR. GERAGOS.
9:37 A.M. RE DIRECT EXAMINATION BY MR. HARRIS.
9:40 A.M. RE CROSS EXAMINATION BY MR. GERAGOS.
9:42 A.M. RE DIRECT EXAMINATION BY MR. HARRIS.
9:44 A.M. RE CROSS EXAMINATION BY MR. GERAGOS.
9:45 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
9:46 A.M. DET JAMES RICHARD EICHBAUM, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES ON DIRECT EXAMINATION BY DAVID HARRIS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
155(A)- COLOR PHOTOGRAPH OF CLOSET CONTAINING CLOTHES AND DUFFEL BAG
155 (B)- COLOR PHOTOGRAPH OF CLOSET CONTAINING CLOTHES AND DUFFEL BAG WITH DIGITAL TIME SHOWING.
9:55 A.M. CROSS EXAMINATION BY MR. GERAGOS.
YYYY-(1) COPY OF TIRE FOUND AT GPS PT. C9 "HOOD 400" FOUND AT DIVE
YYYY-(2) COPY OF PABST BEER CAN FOUND AT DIVE
10:00 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
10:01 A.M. DET. DAVE LEE HAWN, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MR. HARRIS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
156- ENVELOPE AND CONTENTS OF PIECE OF CONCRETE
10:08 A.M. CROSS EXAMINATION BY MR. GERAGOS.
10:10 A.M. RE DIRECT EXAMINATION BY MR. HARRIS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
157- 3 PGS. OF PHOTOGRAPHS (GROUP EXHIBIT) PG 2 ONLY SHOWN TO THE JURORS
10:14 A.M. CROSS EXAMINATION BY MR. GERAGOS.
10:15 A.M. RE DIRECT EXAMINATIO BY MR. HARRIS.
10:16 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
10:18 A.M. CSO RONNIE HOLMES, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MR. HARRIS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
158(A) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BERKELEY MARINA
158(B) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BROOKS ISLAND TO SHORE
158(C) COLOR PHOTOGRAPH DATED 1/10/04 VIEW OF BROOKS ISLAND TO SHORE
158(D) COLOR PHOTOGRAPH DATED 1/10/04 BEACH VIEW
10:31 A.M. : COURT RECESSED .
JURORS ADMONISHED.
10:54 UNREPORTED IN CHAMBERS CONFERENCE WAS HELD BETWEEN THE COURT AND COUNSEL.
11:00 A.M. : COURT RECONVENED .
ALL COUNSEL AND JURORS PRESENT.
DEFENDANT PRESENT IN CUSTODY.
VALERIE CATHAY PRESENT AS COURT REPORTER.
11:03 A.M. RONNIE HOLMES RESUMED THE WITNESS STAND FOR FURTHER DIRECT EXAMINATION BY MR. HARRIS.
11:08 A.M. CROSS EXAMINATION BY MR. GERAGOS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: DEFENSE .
ZZZZ-COPY OF PROPERTY RECORD CASE # 02-142591
11:25 A.M. RE DIRECT EXAMINATION BY MR. DISTASO.
11:37 A.M. RE CROSS EXAMINATION BY MR. GERAGOS.
11:39 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
11:40 A.M. DR. GEORGE FREDIC HRUSA, CALLED BY THE PEOPLE WAS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MR. HARRIS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
159(A)-MICROSCOPIC COLOR PHOTO OF PLANT (GRASS)
159(B)-MICROSCOPIC COLOR PHOTO OF PLANT (GRASS)
11:51 A.M. CROSS EXAMINATION BY MR. GERAGOS.
11:58 A.M. RE DIRECT EXAMINATION BY MR. HARRIS.
11:59 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
11:59 A.M. : COURT RECESSED .
1:32 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT REPORTER.
1:32 P.M. : MARYLIN MORTON REPLACES MARY HENRY AS COURT CLERK.
1:32 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
THE FOLLOWING WITNESS IS CALLED OUT OF ORDER.
1:32 P.M.: JOHN NELSON, CONTRA COSTA CO. CRIMINALIST, 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 .
PHOTOS 160 A-G:
EXHIBIT 160-A: VIEW OF RIGHT UPPER THIGH AREA AND DUCT TAPE
EXHIBIT 160-B: RED PIECE OF PLASTIC ON CHEST AREA
EXHIBIT 160-D: EVIDENCE ENVELOPE WITH FOUR WHITE BINDLES CONTAINING HAIRS.
EXHIBIT 160-E: EVIDENCE ENVELOPE CONTAINING PUBIC HAIR SAMPLE
EXHIBIT 160-F: EVIDENCE ENVELOPE CONTAINING PAPER BINDLE WITH PUBIC HAIR.
EXHIBIT 160-G: PUBIC HAIRS
2:04 P.M.: CROSS EXAMINATION BY MARK GERAGOS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: DEFENDANT .
EXHIBIT D5A-1: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5A-2: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5A-3: PHOTO TARGET-PLASTIC BAG WITH DUCT TAPE
EXHIBIT D5B: PHOTO DUCT TAPE WITH SCALE
EXHIBIT D5C-A: PHOTO TARGET PLASTIC BAG W/DUCT TAPE AND METAL BAR
EXHIBIT D5C-B: PHOTO TARGET PLASTIC BAG W/DUCT TAPE
EXHIBIT D5C-C: PHOTO TARGET PLASTIC BAG W/DUCT TAPE
EXHIBIT D5C-D: PHOTO PLASTIC BAG W/DUCT TAPE
EXHIBIT 5C-E: PHOTO TARGET PLASTIC BAG WITH DUCT TAPE
EXHIBIT 5C-F: PHOTO TARGET PLASTIC BAG WITH DUCT TAPE
EXHIBIT 5C-G: DUCT TAPE AND METAL BAR
2:30 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS
2:36 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.
2:38 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
2:39 P.M.: SANDRA JAGODA, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.
JURORS ADMONISHED.
2:40 P.M. : COURT RECESSED UNTIL 3:00 P.M. .
3:03 P.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.
3:03 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
3:03 P.M.: SANDRA JAGODA, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER DIRECT EXAMINATION BY DAVID HARRIS.
3:06 P.M.: CROSS EXAMINATION BY MARK GERAGOS.
3:15 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
3:15 P.M.: GARY SIMMS, DNA LABORATORY, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.
NO CROSS EXAMINATION BY MR. GERAGOS.
3:20 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
3:20 P.M.: ANGELYNN R. MOORE, DOJ-DNA/CRIMINALIST, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.
THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF DNA ANALYST
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
EXHIBIT 161 - DNA POWERPOINT PRESENTATION
3:57 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/22/2004 AT 9:00 A.M. .
DEFENDANT REMAINS IN CUSTODY.
3:57 P.M. : COURT ADJOURNED TO RECONVENE ON 07/22/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.
ENTERED ON CJIS BY MARYLIN MORTON DATE 07/21/2004 .