Court Minutes:  August 5, 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: 10:50 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE

Case No.: SC 055500 A Date:08/05/2004 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 76 .

9:00 - 9:25 A.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND COUNSEL IN CHAMBERS.

9:25 - 9:55 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

LINDA SWANNER PRESENT AS COURT REPORTER.

9:58 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

COUNSEL TO CERTIFY VOLUMES 70 - 73 ON AUG. 10, 2004.

10:01 A.M.: THE JURY IS PRESENT IN THE COURTROOM.

THE COURT STATED TO THE JURY THAT BECAUSE THERE IS NEWLY DISCOVERED EVIDENCE THAT NEEDS TO BE EXAMINED BY BOTH SIDES THE TRIAL WILL BE CONTINUED UNTIL TUESDAY, AUGUST 10, 2004 AT 9:00 A.M.

THE COURT STATED DET. WALL WILL RETURN ON MONDAY, AUGUST 23, 2004 AT 9:00 A.M., TO RESUME CROSS EXAMINATION BY MR. GERAGOS.

THE PARTIES STIPULATE THAT IF AGENT TERRY SCOTT WERE CALLED TO TESTIFY HIS TESTIMONY WOULD BE THAT HE PICKED UP 2 PACKAGES THAT WERE 2 TRANSPORT ENVELOPES FROM BILL HUDLOW OF THE CALIFORNIA DEPT. OF JUSTICE. THAT AGENT SCOTT TOOK THOSE 2 TRANSPORT ENVELOPES AND PLACED THEM INTO ONE LARGER BAG AND TRANSPORTED THEM, IN HIS CUSTODY TO THE FBI LABORATORY, CHAIN OF CUSTODY PERSONNEL, AND AFTER TESTING, THE EVELOPES WERE RETURNED TO DET. GROGAN OF THE MODESTO POLICE DEPARTMENT.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE :

EXHIBIT 190-A: PHOTO - FRONT OF TRANSPORT ENVELOPE

EXHIBIT 190-B: PHOTO - BACK SIDE OF 190-A

EXHIBIT 190-C: PHOTO - FIRST EVIDENCE TRANSPORT ENVELOPE CONTAINING ITEM #144A - HAIR.

EXHIBIT 190-D: PHOTO SECOND EVIDENCE TRANSPORT ENVELOPE WITH ITEMS: 26A-2, DNA-4A, SRZ, 18A, AND 425-1/425-7.

EXHIBIT 190-E: PHOTO - BACK OF TRANSPORT ENVELOPE FROM FBI TO DET. GROGAN, MODESTO P.D.

EXHIBIT 190-F: FRONT OF TRANSPORT ENVELOPE IN EXHIBIT 190-E.

10:20 A.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/10/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

10:20 A.M. : COURT ADJOURNED TO RECONVENE ON 08/10/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/05/2004 .