Court Minutes:  August 30, 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:08/30/2004 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 87 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:05-9:30 A.M.: REPORTED CONFERENCE HELD WITH THE COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

9:30 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

EXHIBIT D5S-1: C.D. RECORDED MESSAGE FROM BRIAN ARGAIN TO SCOTT PETERSON ON JANUARY 23, 2003 AT 1046 HOURS.

EXHIBIT D5S-2: C.D. RECORDED MESSAGE FROM SCOTT PETERSON TO BRIAN ARGAIN ON JANUARY 23, 2003 AT 1742 HRS

EXHIBIT D5T: RECORDED CONVERSATION WITH SCOTT AND AMBER FREY ON 1-8-03 AT 1430 HOURS.

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

VOL. 78: 8-16-04, PGS. 14819-14847, VOL. 78: 8-17-04, PGS. 14848-14894, VOL. 78: 8-18-04, PGS.14895-14943, VOL. 79: 8-23-04, PGS. 14947-15167, VOL. 80: 8-24-04, 8-24-04, PGS. 15168-15370, AND VOL.81: 8-25-04, PGS. 15371-15532.

UNREPORTED: COURT EXHIBIT 21 - DOCUMENT FROM IN CHAMBERS CONFERENCE IS ORDERED SEALED BY THE COURT.

9:37 A.M.: JURY PRESENT.

9:37 A.M.: DET. WALL, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

10:27 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

JURORS ADMONISHED.

10:46 A.M. : COURT RECESSED UNTIL 11:05 A.M. .

11:15 A.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

11:15 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:15 A.M.: DET. WALL, RESUMED THE WITNESS STAND UNDER FURTHER REDIRECT EXAMINATION BY DAVID HARRIS.

11:19 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D5U: 12/26/02 RECOVERY EMAIL FROM GUY DAVIDSON

(PORTION OF EMAIL USED TO BE COPIED AND REPLACED.)

11:45 A.M.: FURTHER REDIRECT EXAMINATION BY DAVID HARRIS

11:48 A.M.: FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

11:51 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

11:51 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:31 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

THE FOLLOWING WITNESS IS CALLED OUT OF ORDER:

1:37 P.M.: JASON TARDIFF, CUSTODIAN OF RECORDS - ENTERPRISE CAR RENTAL, 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 208 A-G: FOLDER WITH ENTERPRISE CAR RENTAL RECORDS FOR SCOTT PETERSON.

EXHIBIT 208-A: 1/2/03 - NEON RENTAL

EXHIBIT 208-B: 1/6/03 - CIVIC RENTAL

EXHIBIT 208-C: 1/8/03 - WHITE SONOMA PICKUP.

EXHIBIT 208-D: 1/10/03 - TOWNCAR RENTAL

EXHIBIT 208-E: 1/27/03 - DAKOTA RENTAL

EXHIBIT 208-F: 2/18/03 - TAHOE RENTAL

EXHIBIT 208-G: DATES OF RENTAL, ETC.

1:38 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

1:48 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

1:49 P.M.: INV. JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

TRANSCRIPTS FOR THE FOLLOWING RECORDED CONVERSATIONS ARE PROVIDED TO THE COURT, JURY AND FAMILY. EACH TRANSCRIPT IS SHOWN ON THE SCREEN.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE ON BEHALF OF THE DEFENDANT :

EXHIBIT D5V-1: TRANSCRIPT OF OUTGOING CALL TO BRENT ROCHA, 01/16/03 AT 1346:41

EXHIBIT D5V-2: C.D. OF D5V-1.

2:08 P.M.: C.D. CONCLUDED. CROSS EXAMINATION BY MARK GERAGOS CONTINUED.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE ON BEHALF OF THE DEFENDANT :

EXHIBIT D5W-1: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON-FEBRUARY 9, 2003 AT 2101 HOURS.

EXHIBIT D5W-2: C.D. OF D5W-1.

EXHIBIT D5X-1: RECORDED PHONE CONVERSATION BETWEEN AMBER FREY AND SCOTT PETERSON-FEBRUARY 16, 2003 AT 1903 HOURS.

EXHIBIT D5X-2: C.D. OF D5X-1.

JURORS ADMONISHED.

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

3:02 P.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

3:02 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:02 P.M.: INV. JACOBSON, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

3:15 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

THE FOLLOWING ARE IDENTIFIED BY THE PEOPLE AS A SUB-PART TO EXHIBIT 207-F PREVIOUSLY IDENTIFIED ON 8-26-04:

EXHIBIT 207F1-A: NOVEMBER 2002-TOTAL MINUTES OF PHONE CALLS.

EXHIBIT 207F2-A: DECEMBER 2002-TOTAL MINUTES OF PHONE CALLS.

EXHIBIT 207F3-A: JANUARY 2003-TOTAL MINUTES OF PHONE CALLS.

EXHIBIT 207F4-A: FEBRUARY 2003-TOTAL MINUTES OF PHONE CALLS.

3:29 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:37 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:37 P.M.: CHRISTOPHER BOYER, CONTRA COSTA (CAPTAIN OF THE SEARCH/RESCUE TEAM - VOLUNTEER, CANINE HANDLER), CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 08/31/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 08/31/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/30/2004.