Court Minutes:  August 23, 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:08/23/2004 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/P. HARRIS

Proceedings: JURY TRIAL

Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)

Minutes TRIAL DAY 83 .

LARON JOHNSON, PRESENT AS COURT REPORTER.

9:00-9:35 A.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.

9:35 - 9:46 A.M.: REPORTED EX PARTE CONFERENCE HELD IN CHAMBERS WITH THE COURT, DEFENSE COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

THE COURT ORDERS REPORTED EX PARTE CONFERENCE. SEALED AND TO BE OPENED UPON ORDER OF THE COURT ONLY.

9:48 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT EXPLAINED TO THE JURORS THE REASON COURT WAS NOT IN SESSION ON THURSDAY, AUGUST 19, 2004.

THE FOLLOWING WITNESS IS CALLED OUT OF ORDER:

9:51 A.M.: MARY ANDERSON, AT&T, CUSTODIAN OF RECORDS, 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 203 A-G, A-1: BINDER AND CONTENTS AT&T PHONE RECORDS.

EXHIBIT 203-A: AT&T SUBPOENA RESPONSE COVER SHEET FOR FRAUD RECORDS - EASTERN STANDARD TIME, 29 PAGES

EXHIBIT 203-B: 12-24-02, CELL SITE RADIUS MODESTO

EXHIBIT 203-D: TEST CONFIRMING CELLULAR TELEPHONE CALL BY SCOTT PETERSON ON 12-24-02 AT 10:08 A.M.

EXHIBIT 203-E: EASTERN STANDARD TIME, CELL SITE DATA

EXHIBIT 203-F: PACIFIC STANDARD TIME, 12/20/02 TO 02/15/ 2004

EXHIBIT 203-G: EASTERN STANDARD TIME CALLS FOR 12-23 TO 12-26-02

EXHIBIT 203 A-1: PACIFIC STANDARD TIME SUMMARY OF MONTHLY CHARGES FOR SCOTT PETERSON, 14 PGS.

10:12 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:40 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 204: BINDER AND CONTENTS, AT&T PHYSICAL CELL SITE CONVERSION CHART.

EXHIBIT 205: BINDER AND CONTENTS AT&T PHYSICAL CELL SITE LOCATIONS.

EXHIBIT 206-A: JACKIE PETERSON, (858-232-2203), FEB. 14- APRIL 19, 2003

EXHIBIT 206-B: SCOTT PETERSON, (209-505-0337), 11-1-02/ APRIL 18, 03

EXHIBIT 206-C: SAN DIEGO CRATING & PACKAGING, (619-204-7166), 11-1-02/5-1-03

EXHIBIT 206-D: SCOTT PETERSON, (209-499-8427), 9-29-02/ 2-24-03.

EXHIBIT 206-E: CALIFORNIA LATHAM, (415-990-1817), 4-2-03/4-19-03.

JURORS ADMONISHED.

10:50 A.M. : COURT RECESSED 11:10 A.M. .

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

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

DEFENDANT PRESENT IN CUSTODY.

11:16 A.M.: MARY ANDERSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER RECROSS EXAMINATION BY MARK GERAGOS.

11:45 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:50 A.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

12:00 P.M. : COURT RECESSED UNTIL 1:30 P.M. .

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

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

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: AMBER FREY, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D5N: 3 PG. AMBER FREY/RICHARD BYRD PHONE RECORD

EXHIBIT D5-O: AMBER FREY PHONE RECORD, MULTI-PAGE.

EXHIBIT D5P: BOX AND CONTENTS- STAR THEATER 2, CHRISTMAS PRESENT FROM SCOTT TO AMBER.

JURORS ADMONISHED.

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

3:05 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

3:05 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:05 P.M.: AMBER FREY, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/24/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 08/24/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/23/2004 .