Court Minutes:  September 1, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 10:52 am

Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:09/01/2004 Time:9:00 AM Dept:42
Judge:ALFRED A DELUCCHI, JUDGE Clerk:MARYLIN MORTON
ReporterSEE MINUTES 2nd ClerkNONE
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)

MinutesTRIAL DAY 89 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:03 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:06 A.M.: ELOISE ANDERSON, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

9:48 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

9:55 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D5Y: C.D. OF TRAILING EXERCISE WITH "TRIMBLE"

EXHIBIT D5Y ADMITTED INTO EVIDENCE PURSUANT TO E.C. 1553

9:58 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

10:00 A.M. : COURT RECESSED UNTIL WITNESSES ARRIVE. .

10:26 A.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT
REPORTER.

10:26 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:27 A.M.: OFF. ALEXANDER BETTIS, MODESTO P.D., CALLED BY THE
PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY
RICK DISTASO.

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

EXHIBIT 211 - DIAGRAM - BLOWUP OF BERKELEY MARINA

THE COURT TAKES JUDICIAL NOTICE AND ADMITS EXHIBIT 211 INTO
EVIDENCE.

11:07 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:36 A.M.: NO REDIRECT EXAMINATION

11:36 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:36 A.M.: OFF. RANDY BOLINGER, MODESTO P.D., CALLED BY THE
PEOPLE, WAS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
RICK DISTASO.

11:40 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:48 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

11:51 A.M.: FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

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

DAVID HARRIS, DDA, IS EXCUSED BECAUSE OF ILLNESS FOR THE
REMAINDER OF THE DAY.

JURORS ADMONISHED.

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

1:30-1:54 P.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH
THE COURT AND COUNSEL REGARDING SCHEDULING OF WITNESSES FOR
THE REMAINDER OF THE WEEK.

1:54 P.M. : LINDA SWANNER REPLACES VALERIE CATHEY AS COURT
REPORTER.

1:54 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED TO THE JURY THAT COURT WILL CONVENE AT 10:00
A.M. ON 9-2-04 AND THAT TESTIMONY BY THE WITNESSES FOR
TOMORROW SHOULD CONCLUDE BY NOON.

1:57 P.M.: OFF. DALE LINGERFELT, MODESTO P.D., CALLED BY THE
PEOPLE, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY
RICK DISTASO.

2:11 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:24 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

2:26 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:26 P.M.: OFF. MARK WEIGLEIN, MODESTO P.D., CALLED BY THE
PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
RICK DISTASO.

JURORS ADMONISHED.

2:50 P.M. : COURT RECESSED UNTIL 3:10 P.M. .

3:14 P.M. : VALERIE CATHEY REPLACES LINDA SWANNER AS COURT
REPORTER.

3:14 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:14 P.M.: OFF. WEIGLEIN, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY RICK
DISTASO.

3:20 P.M.: DIRECT EXAMINATION CONCLUDED. OFFICER WEIGLEIN IS
ORDERED TO RETURN ON 9-2-04 AT 10:00 A.M. FOR CROSS
EXAMINATION BY MR. GERAGOS.

THE FOLLOWING WITNESS IS TAKEN OUT OF ORDER:

3:21 P.M.: SPECIAL AGENT JEFF MAC KANIN, D.O.J, CALLED BY THE
PEOPLE IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK
DISTASO.

3:30 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

3:46 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:46 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/02/2004 AT 10:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:46 P.M. : COURT ADJOURNED TO RECONVENE ON 09/02/2004 AT
10:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/01/2004 .