Court Minutes:  August 10, 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:08/10/2004 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 77 .

9:04 - 9:25 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

LARON JOHNSON PRESENT AS COURT REPORTER.

9:25 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

AFTER REVIEW BY COUNSEL THE COURT ORDERS THE FOLLOWING VOLUMES TO BE CERTIFIED:

VOL. 70: 7-22-04, PGS. 13582-13712, VOL. 71: 7-26-04, PGS. 13713-13824, VOL. 72: 7-27-04, PGS. 13825-13884, VOL. 72: 7-29-04, PGS. 13885-13956, VOL. 73: 8-2-04, PGS. 13957-14160, VOL. 74: 8-3-04, PGS. 14161-14347, AND VOL. 75: 8-4-04, PGS. 14348-14498.

THE COURT STATED THAT HE PROVIDED THE PEOPLE AND DEFENDANT COPIES OF THE SUBPOENA DUCES TECUM RECORDS FROM CONTRA COSTA COUNTY REGARDING THE DOG "TRIMBLE," RECEIVED BY THE COURT ON AUGUST 9, 2004.

9:27 A.M.: AMBER FREY, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

JURORS ADMONISHED.

10:25 A.M. : COURT RECESSED UNTIL 10:45 A.M. .

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

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

DEFENDANT PRESENT IN CUSTODY.

10:55 A.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 191 A-G: EVIDENCE ENVELOPE WITH SEVEN PHOTOS:

EXHIBIT 191-A: PHOTO SCOTT AND AMBER IN TRUCK

EXHIBIT 191-B: SMALL-PHOTO SCOTT/AMBER BY CHRISTMAS TREE

EXHIBIT 191-C: PHOTO LARGER PHOTO OF EXHIBIT 191B

EXHIBIT 191-D: PHOTO SCOTT/AMBER BY DOOR

EXHIBIT 191-E: PHOTO SCOTT IN CHAIR

EXHIBIT 191-F: PHOTO SCOTT WITH SANTA HAT

EXHIBIT 191-G: PHOTO SCOTT/AMBER IN TRUCK

JURORS ADMONISHED.

11:54 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30-1:45 P.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

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

1:48 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:48 P.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 192 A-C: EVIDENCE ENVELOPE CONTAINING PHOTOS.

EXHIBIT 192-A: SCOTT/AMBER BY CHRISTMAS TREE

EXHIBIT 192-B: SCOTT AND AMBER

EXHIBIT 192-C: SCOTT AND AMBER SITTING IN CHAIR.

EXHIBIT 193 A-K: EVIDENCE ENVELOPE CONTAINING PHOTOS.

EXHIBIT 193-D: SCOTT

EXHIBIT 193-E: SCOTT

EXHIBIT 193-F: SCOTT AND AMBER

EXHIBIT 193-G: SCOTT AND AMBER

EXHIBIT 193-H: SCOTT AND AMBER

EXHIBIT 193-I: SCOTT PUTTING ON TIE

EXHIBIT 193-J: SCOTT PUTTING ON TIE

EXHIBIT 194: ENVELOPE AND CONTENTS CONTAINING CHRISTMAS CARD FROM AMBER TO SCOTT WITH PHOTO

EXHIBIT 195: BINDER AND CONTENTS WITH TRANSCRIPTS OF PHONE CALLS IN BINDER 196 A-U

UNREPORTED: THE FOLLOWING PHONE CALL BETWEEN SCOTT AND AMBER IS PLAYED.

EXHIBIT 195-A: TRANSCRIPT

EXHIBIT 196-A: MESSAGE LEFT 12/19 PLAYED

JURORS ADMONISHED.

2:36 P.M. : COURT RECESSED UNTIL 2:55 P.M. .

3:06 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

3:06 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:06 P.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

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

UNREPORTED: THE FOLLOWING PHONE CALLS BETWEEN SCOTT AND AMBER ARE PLAYED.

EXHIBIT 195-B: TRANSCRIPT

EXHIBIT 196-B: PHONE CALL 12-30-02, 1701 HOURS

EXHIBIT 195-C: TRANSCRIPT

EXHIBIT 196-C: PHONE CALL 12-30-02, 1703 HOURS

EXHIBIT 195-D: 2 PG. TRANSCRIPT

EXHIBIT 196-D: PHONE CALL 12-31-02, 1505 HOURS

EXHIBIT 195-E: 3 PG. TRANSCRIPT

EXHIBIT 196-E: 12-31-02 - 1618 HRS.

EXHIBIT 195-F: TRANSCRIPT

EXHIBIT 196-F: 12-31-02 - 1620 HOURS

3:50 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/11/2004 AT 10:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:50 P.M. : COURT ADJOURNED TO RECONVENE ON 08/11/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/10/2004 .