Court Minutes:  August 26, 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: 10:52 am
Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE

Case No.: SC 055500 A Date:08/26/2004 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 86 .

8:48-9:20 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.

LARON JOHNSON PRESENT AS COURT REPORTER.

9:20 A.M. : COURT RECESSED .

9:47 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

OUT OF THE PRESENCE OF THE JURY MR. GERAGOS STATED THAT THE DISCOVERY ISSUE DISCUSSED IN CHAMBERS WILL BE DEALT WITH AND INV. JACOBSON WILL RETURN ON MON. AUG. 30, 2004 TO TESTIFY FURTHER.

THE COURT STATED THAT PURSUANT TO 356 THE DEFENSE WILL BE ALLOWED TO PLAY THE 1-16-03 BRENT ROCHA RECORDED PHONE CALL. THIS CALL TO BE REDACTED BY THE DEFENSE.

THE COURT TO DEFER RULING ON THE AMBER FREY TAPES. MR. GERAGOS TO REVIEW THOSE TAPES THIS WEEKEND.

9:52 A.M.: JURORS PRESENT.

9:52 A.M.: INV. STEVEN JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

10:31-10:33 A.M.: NO TRANSCRIPT (PER AGREEMENT OF COUNSEL). RECORDED PHONE CONVERSATION WITH SCOTT PETERSON AND DETECTIVE AT LONGVIEW POLICE DEPARTMENT.

JURORS ADMONISHED.

11:05 A.M. : COURT RECESSED 11:25 A.M. .

11:27 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT REPORTER.

11:27 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:27 A.M.: INV. JACOBSON, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

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

1:31 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT REPORTER.

1:31 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:31 P.M.: INV. JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D5R-1: MODBEE.COM NEWS ARTICLE POSTED 01/11/03, 16:12:00

EXHIBIT D5R-2: MODBEE.COM NEWS ARTICLE POSTED 01/11/03, 07:09:00

EXHIBIT D5R-3: MODBEE.COM NEWS ARTICLE POSTED 01/10/03, 09:19:00

UNREPORTED: NO TRANSCRIPTS ARE PROVIDED FOR TWO ADDITIONAL PHONE VOICEMAILS BETWEEN SCOTT PETERSON AND BRIAN ARGAIN THAT ARE PLAYED FOR THE JURY.

2:10 A.M.: DET. JACOBSON IS EXCUSED AND ORDERED BACK TO COURT ON MONDAY, AUGUST 30, 2004.

MR. GERAGOS TO CONTINUE CROSS EXAMINATION ON 8-30-04.

2:17 P.M.: DET. LYDELL WALL, PREVIOUSLY SWORN, (TESTIFIED ON AUGUST 4-5, 2004) RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

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.: DET. WALL, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

3:55 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/30/2004 AT 9:00 A.M. .

OUT OF THE PRESENCE OF THE JURY THE COURT STATED THE LIST OF WITNESSES FOR NEXT WEEK NEED TO BE PROVIDED TO MR. GERAGOS AND THE COURT. THE RECORD TO BE CERTIFIED ON MONDAY.

DET. WALL TO RETURN ON MONDAY 8-30-04 TO COMPLETE TESTIMONY AND INV. JACOBSON TO ALSO COMPLETE TESTIMONY ON MONDAY.

EXHIBIT 207-E WAS EXCLUDED

DEFENDANT REMAINS IN CUSTODY.

4:10 P.M. : COURT ADJOURNED TO RECONVENE ON 08/30/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/26/2004 .