Court Minutes:  August 17, 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: 10:51 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE

Case No.: SC 055500 A Date:08/17/2004 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 81 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:07 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:54 A.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

AFTER COMPLETION OF TESTIMONY MS. FREY RESUMES HER SEAT IN THE AUDIENCE.

UNREPORTED: 9:56-9:58 A.M. EXHIBIT 199-F PLAYED FOR THE JURY.

JURORS ADMONISHED.

10:30 A.M. : COURT RECESSED UNTIL 10:50 A.M. .

11:00-11:15 A.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT AND COUNSEL TO CORRECT TRANSCRIPT.

11:16 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

11:16 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:16 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 200 - BINDER AND CONTENTS, TRANSCRIPTS A-K

THE COURT REQUESTED THE JURY TO IGNORE THE EDITORIAL COMMENTS THROUGHOUT THE TRANSCRIPTS.

AMBER FREY RESUMED HER SEAT IN THE AUDIENCE.

THE COURT STATED TO THE JURY THAT THIS AFTERNOON, THE RECORDED PHONE CALLS WILL BE COMPLETED, DIRECT EXAMINATION OF AMBER FREY BY DAVID HARRIS WILL FINISH, AND A 402 HEARING WILL BE DONE OUT OF THE PRESENCE OF THE JURY. THE JURORS WILL BE EXCUSED EARLY TO RETURN ON WEDNESDAY, 8-18-04 AT 9:00 A.M.

THE COURT ALSO STATED THAT THE RECORD WILL BE CERTIFIED (VOLS. 76-77) ON MONDAY, AUGUST 23, 2004.

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:34 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

1:34 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:52 P.M.: AMBER FREY, 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 - 202 A-H, PHOTOS: .

EXHIBIT 202-C: AMBER NECKLACE

EXHIBIT 202-D: NORAH JONES C.D.

EXHIBIT 202-E: WILD FLOWERS SEED MIX

EXHIBIT 202-F: SILVER BOX, NECKLACE CAME IN.

EXHIBIT 202-G: FED EX OVERNIGHT ENVELOPE FROM TRADECORP

AMBER FREY RETURNED TO HER SEAT IN THE AUDIENCE.

TAPED PHONE CALLS CONTINUE:

2:19 P.M.: AMBER FREY, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

2:20 P.M.: DIRECT EXAMINATION CONCLUDED. AMBER FREY STEPPED DOWN FROM THE WITNESS STAND.

2:20 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/18/2008 AT 9:00 A.M. .

2:20 P.M. : COURT RECESSED UNTIL 2:45 P.M. .

2:50 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

2:50-3:10 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.

3:12 P.M. : COURT RECONVENED. . COUNSEL PRESENT. JURY NOT PRESENT.

THE COURT MADE THE FOLLOWING EVIDENTIARY RULING: ANY RELATION HAD BY AMBER FREY PRIOR AND POST TO SCOTT PETERSON WILL BE DEEMED IRRELEVANT UNDER 352 E.C. AND FOR REASONS FULLY STATED ON THE RECORD. HOWEVER, ANY NAMES MENTIONED IN THE TAPES CAN BE PURSUED.

DEFENDANT REMAINS IN CUSTODY.

3:20 P.M. : COURT ADJOURNED TO RECONVENE ON 08/18/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/17/2004 .