Court Minutes:  July 22, 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: 10:49 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE

Case No.: SC 055500 A Date:07/22/2004 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 69 .

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

DEFENDANT PRESENT IN CUSTODY.

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00 A.M.: ANGELYNN R. MOORE, 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 162-E: EVIDENCE ENVELOPE CONTAINING DNA SAMPLES.

EXHIBIT 162-F: EVIDENCE ENVELOPES CONTAINING SWAB/HAIR SAMPLES.

EXHIBIT 162-G: EVIDENCE ENVELOPES CONTAINING DNA SAMPLES

EXHIBIT 162-H: EVIDENCE ENVELOPES CONTAINING HAIR BRUSH SAMPLES, ETC.

EXHIBIT 162-I: EVIDENCE ENVELOPE CONTAINING BLACK/BLUE HAIR BRUSH.

EXHIBIT 162-J: EVIDENCE ENVELOPE CONTAINING HAIRS FROM HAIR BRUSH.

EXHIBIT 162-K: CLOSE UP OF EVIDENCE ENVELOPE

EXHIBIT 163-A: CHART BLOW UP OF EXHIBITS 163-B AND C

9:30 A.M.: NO CROSS EXAMINATION

9:30 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:30 A.M.: RODNEY OSWALT, DOJ, 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 HAIR EVALUATION AND COMPARISON

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

EXHIBIT 164-A: PHOTO EVIDENCE ENVELOPE CONTAINING THREE HAIR SAMPLES (FROM PLIERS, BROWN BRUSH, AND BLUE/BLACK HAIR BRUSH.

EXHIBIT 164-B: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE #144A

EXHIBIT 164-C: PHOTO EVIDENCE ENVELOPE HAIR SAMPLE FROM BLUE/BLACK HAIR BRUSH.

EXHIBIT 164-D: PHOTO BLUE/BLACK HAIR BRUSH WITH HAIR SAMPLES REMOVED.

JURORS ADMONISHED.

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

10:55 A.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

10:55 A.M.: RODNEY OSWALT, 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 166-A: PHOTO PROXIMAL END OF HAIR #144A, 1 OF 2

EXHIBIT 166-B: PHOTO DISTAL END OF HAIR #144A, 1 OF 2

EXHIBIT 166-C: PHOTO DISTAL END OF HAIR #144A, 2 OF 2

EXHIBIT 166-D: PHOTO PROXIMAL END OF HAIR #144A, 2 OF 2

EXHIBIT 167-A: PHOTO HAIR FRAGMENTS #144A- PRIOR TO REPACKAGING AND GOING TO FBI FOR DNA

EXHIBIT 167-B: PHOTO HAIR FRAGMENTS #144A IN BINDLE AND BROWN EVIDENCE ENVELOPE - REPACKAGING

EXHIBIT 168-A: PHOTO NON HAIR FIBERS AND HAIR FIBERS

EXHIBIT 168-B: PHOTO PUBIC HAIR STRANDS FOR LACI AND SCOTT

11:30 P.M.: CROSS EXAMINATION BY MARK GERAGOS

11:35 P.M.: JURORS AND WITNESS EXIT THE COURTROOM.

11:44 A.M.: THE JURY AND WITNESS PRESENT IN THE COURTROOM.

11:44 A.M.: MR. OSWALT RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

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

1:35 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT REPORTER.

(THE JULY 21,2004 MINUTES WERE CORRECTED NUNC PRO TUNC. THE CLERK AMENDED THE MINUTES DELETING ANY REFERENCE TO THE ABOVE EXHIBITS BEING ADMITTED.)

1:40 P.M. : COURT RECONVENED. . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:40 P.M.: RODNEY OSWALT, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

1:49 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 169 - PHOTO HAIR UNDER MAGNIFICATION.

2:00 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:04 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:05 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 07/26/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

2:05 P.M.: COURT ADJOURNED TO RECONVENE ON 07/26/2004 AT 9:00 A.M. IN SCRWC, D-42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/22/2004 .