Court Minutes:  August 2, 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:08/02/2004 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 73 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00 - 9:15 A.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT AND COUNSEL RE SCHEDULING.

9:15 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

AFTER REVIEW BY COUSEL AND PREVIOUSLY RECOMMENDED CORRECTIONS MADE, THE COURT ORDERS THE FOLLOWING VOLUMES TO BE CERTIFIED:

VOL.61: 7-6-04, PGS. 11753-12001, VOL. 62: 7-07-4, PGS. 12002-12232, VOL. 63, 7-12-04, PGS. 12233-12436, VOL. 64: 7-13-04, PGS. 12437-12646, VOL. 65: 7-14-04, PGS. 12647-12806, VOL. 66: 7-15-04, PGS. 12807-12940, VOL. 66: 7-15-04, PGS. 12807-12940, VOL. 67: 7-19-04, PGS. 12941-13160, VOL. 68: 7-20-04, PGS. 13161-13372, AND VOL. 69: 7-21-04, PGS. 13373-13581.

MR. GERAGOS STATED THAT ON PG. 9179 OF THE PREVIOUSLY CERTIFIED RECORD ON LINE 14 THERE IS A SPELLING CORRECTION: STOLE SHOULD BE "SOLE".

THE COURT STATED ON THE RECORD DISCUSSION WITH COUSEL AT THE UNREPORTED CONFERENCE WITH COUNSEL INVOLVED SCHEDULING OF WITNESSES FOR THIS WEEK. THE PEOPLE ARE TO CALL WITNESSES OUT OF ORDER TO FILL UP THE WEEK.

9:20 A.M.: JURY PRESENT.

9:20 A.M.: GARY NIENHUIS, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

MR. NIENHUIS VOIR DIRED BY MR. GERAGOS AS TO HIS QUALIFICATIONS TO TESTIFY AS AN EXPERT.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF FINANCIAL RECORDS AND QUALIFY TO OFFER OPINIONS ON FINANCIAL STATUS.

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

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

EXHIBIT D5E - CREDIT REPORT FOR SCOTT PETERSON - 16 PGS.

JURORS ADMONISHED.

10:33 A.M. : COURT RECESSED UNTIL 10:55 A.M. .

10:55 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

10:55 A.M.: GARY NIENHUIS, 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 D5F-1: SCHEDULE A - 2001 FOR SCOTT PETERSON

EXHIBIT D5F-2: TECHNOCROP W-2 - SCOTT PETERSON

EXHIBIT D5F-3: TRADE CORP INCOME TAX - 2001

EXHIBIT D5F-4: (NOT IDENTIFIED) - BLANK PAGE

EXHIBIT D5G: KEY FIGURES - GLOBAL DATA

EXHIBIT D5H: 2 PAGE-MBNA AMERICA CREDIT CARD STATEMENT

11:36 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:45 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:55 A.M.: FURTHER REDIRECT EXAMINATION BY DAVID HARRIS

11:57 A.M.: FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

11:58 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

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

1:35 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

1:35 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: JEFFERY COLEMAN, CPA, CALLED BY THE PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

2:21 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

2:24 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:27 P.M.: FURTHER REDIRECT EXAMINATION BY DAVID HARRIS.

2:28 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:29 P.M.: DET. KEPP LOVING, (HIGH TECH TASK FORCE), CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

2:34 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

2:40 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:00 - 3:15 P.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND COUNSEL RE SCHEDULING OF WITNESSES.

3:16 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

3:16 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:16 P.M.: DET. KIPP LOVING, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

3:24 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

3:27 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:29 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:30 P.M.: KIRK STOCKHAM, 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 COMPUTER FORENSICS

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

EXHIBIT 174-A: PHOTO TWO LAP TOP COMPUTERS AT HOME - (DELL AND COMPAQ)

EXHIBIT 174-B: PHOTO DELL AND COMPAQ LAP TOPS AT HOME

EXHIBIT 174-C: PHOTO CLOSE UP COMPAQ COMPUTER AT HOME

EXHIBIT 174-D: PHOTO WORKPLACE COMPUTERS: DELL AND IBM THINK PAD AT WORK.

EXHIBIT 174-E: PHOTO CLOSE UP OF IBM THINK PAD, PLACARD #103 AT WORK.

EXHIBIT 174-F: PHOTO IBM THINK PAD (OPEN) AT WORK

EXHIBIT 174-G: PHOTO DELL P.C. AT WORK

EXHIBIT 174-H: PHOTO DELL P.C. CLOSE UP (PLACARD #104) AT WORK.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/03/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 08/03/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/02/2004 .