Court Minutes:  August 25, 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:08/25/2004 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 85 .

UNREPORTED: COURT EXHIBIT 20- COURT OF APPEAL DECISION IS MARKED FOR IDENTIFICATION.

LARON JOHNSON, PRESENT AS COURT REPORTER.

9:10 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. 76: 8-5-04, PGS. 14499-14524, VOL. 76: 8-10-04, PGS. 14525-14726, VOL. 77: 8-11-04, 14727-14771, AND VOL. 77: 8-12-04, PGS. 14772-14818.

9:10 A.M.: INV. STEVEN JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

THE FOLLOWING TRANSCRIPTS ARE PROVIDED TO THE JURY, PRESS, AND FAMILY. THE TRANSCRIPTS ARE COLLECTED FROM THE JURY AFTER COMPLETION OF THE PHONE CALLS.

THE PHONE CALLS WILL BE UNREPORTED. THE TIME SHOWN BEFORE EACH EXHIBIT NUMBER REFLECTS THE TIME PLAYED IN THE COURTROOM.

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

EXHIBIT 207-BINDER AND CONTENTS (SUB-PARTS A-F):

EXHIBIT 207-A: C.D. OF RECORDED PHONE CONVERSATIONS

EXHIBIT 207 A-1: DIAGRAM - THE MORNING OF JANUARY 11, 2003

EXHIBIT 207 A-2: DIAGRAM: 1/11/03 AT 10:48 INCOMING CALL FROM JACKIE PETERSON TO SCOTT PETERSON, CELL SWITCH: CONCORD 2

9:49-9:50 A.M.: EXHIBIT 207 A-3: JACKIE PETERSON AND SCOTT PETERSON, JANUARY 11, 2003 AT 1048 HOURS.

EXHIBIT 207 A-4: DIAGRAM: THE AFTERNOON OF JANUARY 11, 2003.

9:52-9:53 A.M.: EXHIBIT 207 A-5: SCOTT PETERSON CHECKING VOICEMAIL MESSAGE FROM SHARON ROCHA ON JANUARY 11, 2003 AT 1255 HOURS.

EXHIBIT 207 A-6: DIAGRAM: 1/11/03 AT 12:56 PM OUTGOING CALL FROM SCOTT TO SHARON ROCHA, CELL TOWER: 5755 ROSSI LAND, GILROY.

9:56-10:00 A.M.: EXHIBIT 207A-7: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND SHARON ROCHA ON JANUARY 11, 2003 AT 1256 HOURS.

EXHIBIT 207 A-8: DIAGRAM-1/11/03 AT 1:01 PM OUTGOING CALL FROM SCOTT TO LEE PETERSON, CELL TOWER: 8435 SAN YSIDRO, GILROY.

10:01-10:04 A.M.: EXHIBIT 207A-9: RECORDED PHONE CONVERSATION BETWEEN LEE PETERSON AND SCOTT PETERSON ON JANUARY 11, 2003 AT 1301 HOURS.

EXHIBIT 207 A-10: DIAGRAM-1/11/03 AT 1:21:19 PM OUTGOING CALL FROM SCOTT TO GUY MILIGI, CELL TOWER: 5755 ROSSI LANE, GILROY.

10:05-10:09 A.M.: EXHIBIT 207A-11: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND GUY MILIGI ON JANUARY 11, 2003 AT 1321 HOURS.

EXHIBIT 207A-13: DIAGRAM: 1/11/03 AT 1:31 PM INCOMING CALL FROM MIKE AND HEATHER RICHARDSON TO SCOTT, CELL SWITCH ATWATE-HOLLISTER AREA.

10:12-10:15 A.M.: EXHIBIT 207A-14: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND HEATHER RICHARDSON ON JANUARY 11, 2003 AT 1331 HOURS.

10:15-10:18 A.M.: EXHIBIT 207A-15: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND ROBER WEAVER ON JANUARY 11, 2003 AT 1402 HOURS.

JURORS ADMONISHED.

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

10:50 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

10:50 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

EXHIBIT 207-B: C.D. OF RECORDED PHONE CONVERSATIONS

10:52-10:52 A.M.: EXHIBIT 207B-2: RECORDED PHONE CONVERSATION BETWEEN BRENT ROCHA AND SCOTT PETERSON ON JANUARY 16, 2003 AT 1346 HOURS.

EXHIBIT 207 C: C.D. OF PHONE CONVERSATIONS.

10:53-10:55 A.M.: EXHIBIT 207 C-2: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND BRIAN ARGAIN ON JANUARY 22, 2003 AT 1739 HOURS.

10:55-10:56 A.M.: EXHIBIT 207 C-3: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND BRIAN ARGAIN ON JANUARY 23, 2003 AT 1742 HOURS.

10:56-10:57 A.M.: EXHIBIT 207 C-4: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND BRIAN ARGAIN ON JANUARY 27, 2003 AT 1741 HOURS.

10:57-10:59 A.M.: EXHIBIT 207 C-5: RECORDED PHONE CONVERSATIONS BETWEEN SCOTT PETERSON AND BRIAN ARGAIN ON JANUARY 29, 2003 AT 1532 HOURS.

EXHIBIT 207-D: C.D. OF PHONE CALLS

EXHIBIT 207 D-1: DIAGRAM: LACI PETERSON "SIGHTING" - LONGVIEW, WASHINGTON.

11:02-11:05 A.M.: EXHIBIT 207 D-2: RECORDED PHONE CONVERSATION BETWEEN RITA COSBY AND SCOTT PETERSON ON JANUARY 30, 2003 AT 2109 HOURS.

11:06-11:12 A.M.: EXHIBIT 207 D-3: RECORDED PHONE CONVERSATIONS BETWEEN SCOTT PETERSON AND HEIDI/AARON FRITZ ON JANUARY 30, 2003 AT 2118 HOURS.

11:12-11:13 A.M.: EXHIBIT 207 D-4: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND MICHAEL REEL ON JANUARY 31, 2003 AND 0828 HOURS.

11:14-11:15 A.M.: EXHIBIT 207 D-5: RECORDING OF SCOTT PETERSON CHECKING VOICEMAIL.

11:16-11:19 A.M.: EXHIBIT 207 D-6: RECORDED PHONE CONVERSATION BETWEEN JACKIE PETERSON AND SCOTT PETERSON ON JANUARY 31, 2003 AT 0928 HOURS.

THE COURT ADMONISHED THE JURY AS TO THE EDITORIAL COMMENTS IN ALL THE TRANSCRIPTS.

11:20-11:22 A.M.: EXHIBIT 207 D-7: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND THE LONGVIEW PD ON JANUARY 31, 2003 AT 1002 HOURS.

11:23-11:29 A.M.: EXHIBIT 207 D-8: RECORDED PHONE CONVERSATION BETWEEN JACKIE PETERSON AND SCOTT PETERSON ON JANUARY 31, 2003 AT 1011 HOURS.

11:28-11:29 A.M.: EXHIBIT 207 D-9: RECORDING OF SCOTT PETERSON CHECKING VOICEMAIL MESSAGES ON JANUARY 31, 2003 AT 1123 HOURS.

11:29-1131 A.M.: EXHIBIT 207 D-10: RECORDED CONVERSATION BETWEEN ERIC OLSON AND SCOTT PETERSON ON JANUARY 31, 2003 AT 1125 HOURS.

11:32-11:34 A.M.: EXHIBIT 207 D-11: RECORDING OF SCOTT PETERSON CHECKING HIS VOICEMAIL ON JANUARY 31, 2003 AT 1609 HOURS.

11:34-11:35 A.M.: EXHIBIT 207 D-12: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON ON JANUARY 31, 2003 AT 1938 HOURS.

11:35-11:36 A.M.: EXHIBIT 207 D-13: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON ON FEBRUARY 1, 2003 AT 1008 HOURS.

11:37-11:38 A.M.: EXHIBIT 207 D-14: RECORDED PHONE CONVERSATION WITH AMBER FREY AND SCOTT PETERSON ON FEBRUARY 1, 2003 AT 1055 HOURS.

11:38-11:41 A.M.: EXHIBIT 207 D-15: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON ON FEBRUARY 1, 2003 AT 1306 HOURS.

11:42-11:45 A.M.: EXHIBIT 207 D-17: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND JANEY PETERSON ON FEBRUARY 2, 2003 AT 1703 HOURS.

11:47-11:47 A.M.: EXHIBIT 207 D-18: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND RITA COSBY ON HIS VOICEMAIL ON FEBRUARY 3, 2003 AT 0908 HOURS.

11:49-11:51 A.M.: EXHIBIT 207 D-20: RECORDED PHONE CONVERSATION BETWEEN SCOTT PETERSON AND LONGVIEW PD ON FEBRUARY 3, 2003 AT 1449 HOURS.

JURORS ADMONISHED.

11:52 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

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

1:32-1:59 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.

2:00 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:00 P.M.: INV. JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK DISTASO.

EXHIBITS 207A, 207 A-1 THROUGH 207 A-15

EXHIBITS 207C, 207 C-1 THROUGH 207 C-5

EXHIBITS 207D, 207 D-1 THROUGH 207 D-20

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

EXHIBIT 207 F-1: NOVEMBER 2002 PHONE CALLS BETWEEN SCOTT AND AMBER (BLUE: AMBER AND RED: SCOTT).

EXHIBIT 207 F-2: DECEMBER 2002 PHONE CALLS

EXHIBIT 207 F-3: JANUARY 2003 PHONE CALLS

EXHIBIT 207 F-4: FEBRUARY 2003 PHONE CALLS

EXHIBIT 207 F-5: LEGEND, CHART OF CALLS AND CELL PHONES USED.

2:21 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

2:53 P.M. : COURT RECESSED UNTIL 3:15 P.M. .

3:18 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

3:18 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:18 P.M.: INV. JACOBSON, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/26/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 08/26/2004 AT 8:45 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/25/2004 .