Court Minutes:  July 27, 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:07/27/2004 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 71 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:00 - 9:16 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

9:58 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE JUDGE INFORMED THE JURY THAT THERE WILL BE A JURY VIEWING OF THE BOAT THAT WAS SEIZED. THE JUDGE ALSO INFORMED THE JURY THAT THE ITEMS IN THE BOAT THAT WERE SEEN IN THE PHOTOS WILL NOT BE IN THE BOAT.

10:00 A.M.: DEPUTIES CARNEVALE, ORANGE, AND PHARO WERE SWORN BY THE CLERK TO TAKE CHARGE OF THE JURORS AT THE BOAT VIEWING.

THE COURT ADMONISHED THE JURY THAT THERE WOULD BE NO TALKING, ASKING QUESTIONS, OR TAKING NOTES WHILE VIEWING THE BOAT.

10:02 A.M.: THE COURT, COUNSEL, COURT STAFF, DEFENDANT, AND JURORS ALL DEPART FROM THE COURTROOM, SEPARATELY, TO VIEW THE BOAT.

10:44 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE RECORD WILL BE CERTIFIED THURSDAY, JULY 29 AND THE CORRECTIONS MADE TO THE RECORD ARE ACCEPTABLE BY THE PEOPLE.

10:45 A.M.: JURY PRESENT.

10:46 A.M.: DAVID WEBER, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

10:55 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D5D-1: PHOTO BOAT IN INDOOR WATER CONTAINER, WITHOUT PERSON WEIGHT TEST.

EXHIBIT D5D-2: PHOTO BOAT SIDE STABILITY TEST.

EXHIBIT D5D-3: PHOTO BOAT LEVEL FLOATATION TEST

EXHIBIT D5D-4: INITIAL WORKSHEET-LEVEL FLOTATION TEST REPORT

EXHIBIT D5D-5: CHART SIDE STABILITY/LEVEL FLOTATION TESTS

EXHIBIT D5D-6: CHART WITHOUT PERSON TEST.

11:20 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:26 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:26 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:26 A.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/02/2004 AT 9:00 A.M. .

11:26 A.M.: OUT OF THE PRESENCE OF THE JURY THE GLORIA GOMEZ UNEDITED VERSION OF HER INTERVIEW WITH SCOTT PETERSON IS PLAYED.

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

EXHIBIT 136-B: GLORIA GOMEZ UNEDITED VERSION OF INTERVIEW WITH SCOTT PETERSON.

11:56 A.M.: TAPE CONCLUDED.

THE JUDGE INDICATED ON THURSDAY HE WILL REVIEW THE REDACTED TAPES, ARGUE MOTIONS, AND WILL RULE ON THE MOTIONS AT 1:30 P.M.

DEFENDANT REMAINS IN CUSTODY.

11:57 A.M. : COURT ADJOURNED TO RECONVENE ON 07/29/2004 AT 9:30 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 07/27/2004 .