Court Minutes:  August 3, 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:08/03/2004 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 74 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00 - 9:26 A.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT AND COUNSEL REGARDING WITNESS SCHEDULING ISSUES.

9:28 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:30 A.M.: KIRK STOCKHAM, 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 D5K: CENTRAL SAN FRANCISCO BAY - DEC. 6, 2002 AND MAP SAN PABLO BAY.

10:05 A.M. : COURT RECESSED. JURORS EXIT THE COURTROOM. .

OUT OF THE PRESENCE OF THE JURORS TWO ISSUES ARE DISCUSSED WITH THE COURT AND COUNSEL:

THE PROPOSED TESTIMONY BY MR. TOY, CUSTODIAN OF RECORDS FOR ECHO STAR, SDT DOCUMENTS RECEIVED REGARDING ADULT PROGRAMS ORDERED BY THE DEFENDANT IS ARGUED BY RICK DISTASO AND MARK GERAGOS.

THE COURT RULED ALL THE HANDWRITTEN NOTES ARE INADMISSIBLE.

THE COURT RULED THE PEOPLE CAN USE THE ECHOSTAR/ DISHNET SUBPOENAED RECORDS REGARDING WHEN THE SERVICE WAS STARTED BY LACI AND CHANGED BY SCOTT ON JAN. 8 AND 12, 2003 AND CANCELLED ON FEB. 18, 2003. ANY HANDWRITTEN NOTES TO BE EXCLUDED (THE PEOPLE REMOVE THE 2 HANDWRITTEN NOTES FROM THE DOCUMENTS).

10:20 A.M. : COURT RECESSED .

10:44 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

10:44 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:45 A.M.: KIRK STOCKHAM, 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 .

D5L-1: S.F. BAY CURRENTS - SOUTHAMPTON SHOALS

D5L-2: PICTURE OF BOAT AND MAP SOUTHAMPTON SHOALS

D5L-3: COMPUTER PRINTOUT WITH FILE NAMES AND TIMES

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

11:24 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

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

11:28 A.M.: DONALD TOY, CUSTODIAN OF RECORDS, ECHO STAR, 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 .

EXHIBIT 175: ECHO STAR SUBPOENAED DUCES TECUM DOCUMENTS BINDER.

11:36 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:44 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:46 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:48 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

11:48 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

1:30 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: LISA KRUEGER, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 176-A-J: VARIOUS PHOTOS AT VIGIL:

EXHIBIT 176A: STAGE FOR VIGIL DEC. 31, 2002

EXHIBIT 176B: STAGE FOR VIGIL DEC. 31, 2002

EXHIBIT 175C: CROWD, COMMUNITY AT VIGIL

EXHIBIT 176-D: CROWD AND COMMUNITY AT VIGIL

EXHIBIT 176-E: LISA KRUEGER, CROWD, TV TRUCKS AT VIGIL

EXHIBIT 176-F: LISA KRUEGER, CROWD, TV TRUCKS AT VIGIL

EXHIBIT 176-G:CROWD AND COMMUNITY AT VIGIL

1:46 P.M.: CROSS EXAMINATION BY PAT HARRIS.

2:04 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

2:05 P.M.: RECROSS EXAMINATION BY PAT HARRIS.

2:10 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:21 P.M.: KENNETH MCCALL, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:24 P.M., CROSS EXAMINATION BY PAT HARRIS.

2:30 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

2:30 P.M. : COURT RECESSED UNTIL 2:50 P.M. .

2:51 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

2:51 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:52 P.M.: MICHAEL S. WILSON, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:56 P.M.: CROSS EXAMINATION BY PAT HARRIS.

3:00 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

3:00 P.M.: RECROSS EXAMINATION BY PAT HARRIS

3:00 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:02 P.M.: LISSA MC ELROY, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

3:07 P.M.: CROSS EXAMINATION BY PAT HARRIS.

3:10 P.M.: THE JURORS AND WITNESS LISSA MC ELROY EXIT THE COURTROOM.

3:22 P.M.: JURY PRESENT.

3:26 P.M.: DET. LYDELL WALL, STANISLAUS S.O. (HIGH TECH CRIME TASK FORCE), 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

3:53 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/04/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:53 P.M. : COURT ADJOURNED TO RECONVENE ON 08/04/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/03/2004 .