Court Minutes: July 29, 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:07/29/2004 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: MOTIONS
Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)
MinutesT RIAL DAY 72 .
LARON JOHNSON PRESENT AS COURT REPORTER.
9:30 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.
DEFENDANT PRESENT IN CUSTODY.
KARL OLSON, ATTORNEY FOR MODESTO BEE PRESENT TO ARGUE MOTION TO QUASH AND/OR LIMIT SUBPOENA TO JOURNALIST MELISSA VAN DIEPEN, A MODESTO BEE LIBRARIAN.
KELLI SAGER, ATTORNEY FOR SPECIALLY APPEARING NON-PARTY MEDIA ABC, INC. MOTION TO QUASH SUBPOENA DUCES TECUM FOR UNPUBLISHED "OUTTAKES" FROM GOOD MORNING AMERICA AND PRIMETIME THURSDAY ON JANUARY 28-29 AND APRIL 24, 2003.
KELLI SAGER ARGUED ON BEHALF OF ABC, INC. AND MARK GERAGOS ON BEHALF OF DEFENDANT.
THE COURT TAKES THE ISSUE REARDING THE SHIELD LAW UNDER SUBMISSION.
KARL OLSON ARGUED MOTION TO QUASH SUBPOENA ON BEHALF OF THE MODESTO BEE, MARK GERAGOS ON BEHALF OF DEFENDANT, AND RICK DISTASO ON BEHALF OF THE PEOPLE.
THE COURT GRANTED THE MOTION TO QUASH THE SUBPOENA FOR THE MODESTO BEE LIBRARIAN, MELISSA VAN DIEPEN AND PHOTORAPHER AT THE MODESTO BEE.
AS TO THE ADMISSIBILITY OF THE "OUTTAKES" OF THE DIANE SAYER INTERVIEW WITH THE DEFENDANT, THE COURT READ AND CONSIDERED THE POINTS AND AUTHORITIES AND THE MOVING PAPERS AND FINDS THERE HAS BEEN AN INSUFFICIENT SHOWING TO PIERCE THE SHIELD LAW AND GRANTS THE MOTION TO SUPPRESS THE SUBPOENA OF THE "OUTTAKES" OF THE DIANE SAWYER TAPES.
10:15 A.M. : COURT RECESSED .
10:24 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT PRESENT.
DEFENDANT PRESENT IN CUSTODY.
MOTION ARGUED BY MARK GERAGOS ON BEHALF OF DEFENDANT AND RICK DISTASO ON BEHALF OF THE PEOPLE.
THE JURY ADMONITION REQUESTED BY THE DEFENDANT IS DENIED.
THE COURT HAS READ AND CONSIDERED THE PLEADINGS FILED BY COUNSEL AND DENIED THIS REQUEST FOR THE REASONS STATED AND WILL NOT REVISIT THE WIRETAP ISSUES.
THE COURT RESERVES RULING ON THE "DOG" ISSUES.
THE PEOPLE REQUEST A 402 HEARING AND THE DEFENDANT TO FILE A MOTION BEFORE THE DOG HANDLING TESTIMONY.
THE COURT AND COUNSEL DISCUSS ISSUES REGARDING THE DIANE SAWYER, GLORIA GOMEZ, AND TED ROWLANDS TAPES THAT THE COURT PREVIOUSLY RULED WERE ADMISSIBLE. THE TAPES WITH THE RECOMMENDED REDACTIONS WILL BE PLAYED TODAY.
MR. GERAGOS STATED ON THE RECORD THAT HE INTENDS TO TAKE A WRIT ON THE PLAYING OF THE TAPES.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
EXHIBIT 131-E: REDACTED SECOND VERSION OF THE DIANE SAWYER TAPE (JANUARY 28-29 AND APRIL 24, 2003.)
THE COURT RULED THE ORIGINAL GLORIA GOMEZ TAPE CAN BE PLAYED WITH THE EXCEPTION OF TAKING OUT "LIE DETECTOR" COMMENTS. (THIS TAPE WAS NOT PLAYED.)
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR IDENTIFICATION ON BEHALF OF THE: PEOPLE .
EXHIBIT 137-B: TED ROWLANDS REDACTED TAPE.
UNREPORTED: TED ROWLANDS REDACTED TAPE SHOWN.
THE COURT STATED REFERENCE TO "NEIGHBOR" IN THIS TAPE NEEDS TO BE REDACTED PURSUANT TO 1553 E.C.
THE DEFENSE CONTINUES TO OBJECT TO THE PLAYING OF THE TAPES.
DEFENDANT REMAINS IN CUSTODY.
11:44 - 11:55 A.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT AND COUNSEL IN CHAMBERS REGARDING SCHEDULING.
11:55 A.M. : COURT ADJOURNED TO RECONVENE ON 08/02/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.
ENTERED ON CJIS BY MARYLIN MORTON DATE 07/29/2004 .