Court Minutes: September 7, 2004
Court Minutes
J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 10:53 am
Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:09/07/2004 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 91 .
LARON JOHNSON PRESENT AS COURT REPORTER.
9:00-9:17 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.
9:21 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.
DEFENDANT PRESENT IN CUSTODY.
AFTER REVIEW BY COUNSEL THE COURT ORDERS THE FOLLOWING VOLUMES
TO BE CERTIFIED:
VOL. 82: 8-26-04, PGS. 15533-15718, VOL. 83: 8-30-04, PGS.
15719-15903, VOL. 84: 8-31-04, PGS. 15902-16099, AND VOL. 85:
9-1-04, PGS. 16100-16296.
9:21 A.M.: JURY PRESENT.
9:24 A.M.: OFF. ERIC BEFFA, MODESTO P.D., CALLED BY THE
PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
RICK DISTASO
9:30 A.M.: CROSS EXAMINATION BY MARK GERAGOS.
9:39 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
9:39 A.M.: DEP PAUL MEARS, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.
9:48 A.M.: CROSS EXAMINATION BY MARK GERAGOS.
10:02 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.
10:04 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
10:05 A.M.: TERRI WESTERN, 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 212: PHOTO OF POSTER WRITTEN BY SCOTT AND PUT UP IN
THE VOLUNTEER CENTER.
10:20 A.M.: CROSS EXAMINATION BY MARK GERAGOS
10:23 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
JURORS ADMONISHED.
10:23 A.M. : COURT RECESSED UNTIL 10:45 A.M. .
10:49 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.
10:49 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
10:49 A.M.: ROGER CONTENT, 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 213 - COMPUTER BUSINESS RECORDS RE SALE OF LAND ROVER,
3 PGS.
10:52 A.M.: CROSS EXAMINATION BY MARK GERAGOS.
10:56 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.
10:56 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.
10:56 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
10:57 A.M.: SARAH YOSHIDO, D.O.J., 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 214A: PHOTO NEEDLE NOSE PLIERS
EXHIBIT 214B: PHOTO TOP OF PLIERS - WORKING AREA
11:22 A.M.: CROSS EXAMINATION BY MARK GERAGOS.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR
IDENTIFICATION ON BEHALF OF THE: DEFENDANT .
EXHIBITS D6C 1-10: VARIOUS PHOTOS OF PLIERS:
EXHIBITS D6C 3-10: PHOTOS NOT IDENTIFIED ON THE RECORD.
11:47 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.
11:51 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.
11:53 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.
JURORS ADMONISHED.
11:53 A.M. : COURT RECESSED UNTIL 1:30 P.M. .
1:39 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.
1:39 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
DDA DAVID HARRIS IS ILL AND NOT PRESENT THIS AFTERNOON.
1:39 P.M.: GEOFFREY BAEHR, 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 215: CHART/MAP SAN FRANCISCO BAY
THE COURT TAKES JUDICIAL NOTICE OF THE CHART/MAP AND ADMITS IT
INTO EVIDENCE.
THE EXHIBITS LISTED BELOW WERE INTRODUCED AND MARKED FOR
IDENTIFICATION ON BEHALF OF THE: PEOPLE .
EXHIBITS 216 A-G: VARIOUS SONAR IMAGES
JURORS ADMONISHED.
2:30 P.M. : COURT RECESSED UNTIL 2:50 P.M. .
2:54 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.
2:54 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.
DEFENDANT PRESENT IN CUSTODY.
2:54 P.M.: GEOFFREY BAEHR, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.
3:30 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.
3:32 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.
3:35 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.
3:37 P.M.: INV. KEVIN BERTALOTTO, 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 .
3:44 P.M.: DIRECT EXAMINATION CONCLUDED. MR. GERAGOS RESERVES
CROSS EXAMINATION UNTIL THURSDAY, SEPT. 9, 2004
3:44 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/08/2004 AT 9:00 A.M. .
DEFENDANT REMAINS IN CUSTODY.
3:44 P.M. : COURT ADJOURNED TO RECONVENE ON 09/08/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.
ENTERED ON CJIS BY MARYLIN MORTON DATE 09/08/2004 .