Court Minutes:  August 31, 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:08/31/2004 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 88 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00-9:04 A.M.: UNREPORTED CONFERENCE WITH THE COURT AND COUNSEL REGARDING SCHEDULING.

9:06 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:06 A.M.: CHRISTOPHER BOYER, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

9:45 A.M.: CROSS EXAMINATION BY PAT HARRIS.

JURORS ADMONISHED.

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

10:56 A.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

10:56 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:56 A.M.: CHRISTOPHER BOYER, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY PAT HARRIS.

11:40 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:48 A.M.: RECROSS EXAMINATION BY PAT HARRIS.

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

JURORS ADMONISHED.

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

1:30 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT REPORTER.

1:30 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:32 P.M.: ELOISE ANDERSON, CALLED BY THE PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 209: PHOTO OF "TRIMBLE" (SEARCH DOG)

JURORS ADMONISHED.

2:39 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:04 P.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT REPORTER.

3:04 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:10 P.M.: ELOISE ANDERSON, RESUMED THE WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

COUNSEL STIPULATE THAT ELOISE ANDERSON WAS AT THE PETERSON HOUSE AT 523 COVENA.

THE COURT TO RESERVE RULING ON THE BLUE TARP.

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

EXHIBIT 210: PHOTO AERIAL VIEW OF BERKELEY MARINA - "TRIMBLE" SEARCH DOG

3:28-3:42 P.M.: OUT OF THE PRESENCE OF THE JURY. REPORTED CONFERENCE HELD IN CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND VALERIE CATHEY, COURT REPORTER.

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

3:45 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED DAVID HARRIS WAS NOT FEELING WELL AND THE JURY AND COURT WILL BE EXCUSED FOR THE DAY.

3:47 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON 09/01/2004 AT 9:00 A.M. .

OUT OF THE PRESENCE OF THE JURY THE COURT ORDERED ELOISE ANDERSON TO NOT DISCUSS THE CASE WITH THE DISTRICT ATTORNEY UNTIL MR. GERAGOS CONCLUDES CROSS EXAMINATION.

DEFENDANT REMAINS IN CUSTODY.

3:47 P.M. : COURT ADJOURNED TO RECONVENE ON 09/01/2004 AT 9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 08/31/2002 .