Court Minutes:  September 8, 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:09/08/2004 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 92 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:00-9:05 A.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND
COUNSEL REGARDING SCHEDULING.

9:15-9:25 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

9:26 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:28 A.M.: MARK PURDOM, CALLED BY THE PEOPLE IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 218: TRADECORP INTENT TO VACATE

EXHIBIT 218A: CROWNVIEW REPLY

9:33 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6D: GROUP OF DOCUMENTS (COPIES OF CHECKS AND
TERMINATION OF LEASE).

EXHIBIT D6E: LETTER FROM SCOTT PETERSON-TRADECORP AND FAX FACE
SHEET.

9:42 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:43 A.M.: KAREN KORSBERG, FBI, 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 .

EXHIBITS 219 A-P: PHOTOS FRONTS/BACKS OF TRANSPORT ENVELOPES.

9:57 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:05 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

10:09 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

10:10 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:10 A.M.: KIMBERLY REUBUSH, FBI, CALLED BY THE PEOPLE, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

10:14 A.M.: CROSS EXAMINATION BY MARK GERAGOS

10:14 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:15 A.M.: CONSTANCE L. FISHER, FBI, CALLED BY THE PEOPLE IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF
DNA/MITOCHONDRIAL

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

EXHIBIT 220: SOURCES OF DNA (NUCLEAR/MITOCHONDRIAL)

JURORS ADMONISHED.

10:30 A.M. : COURT RECESSED UNTIL 10:55 A.M. .

11:04 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

11:05 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE FOLLOWING WITNESS IS CALLED OUT OF ORDER:

11:05 A.M.: NILS MYERS, CUSTODIAN OF RECORDS - EBAY, CALLED BY
THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
DAVID HARRIS.

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

EXHIBIT 221: BINDER EBAY RECORDS FOR SCOTT PETERSON ACCOUNT.

11:20 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:31 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:33 A.M.: CONSTANCE FISHER, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID
HARRIS.

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED .

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.: CONSTANCE FISHER, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID
HARRIS.

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

EXHIBIT 222: BLOW UP CHART - DNA REPORT

1:54 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:14 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

2:18 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:19 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:22 P.M.: CHRISTOPHER VAN SANDT, CALLED BY THE PEOPLE, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:28 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:30 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

2:32 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

2:32 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

2:33 P.M. : COURT RECESSED .

2:53-3:05 P.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.

3:09 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

3:09 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:10 P.M.: MARTIN DEMPEWOLF, 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 223: PHOTO OF FAMILY ON 1-11-03 AND MAP

EXHIBIT 223A: PHOTO OF DOG "JAKE"

3:16 P.M.: CROSS EXAMINATION BY MARK GERAGOS

3:19 P.M.: REDIRECT EXAMINATION BY RICK DISTASO

3:20 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:20 P.M.: JORDAN VISOLA, 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 EXH. 224 A-D .

EXHIBIT 224 A: JORDAN VISOLA ON 12-25-02

EXHIBIT 224 B: JORDAN VISOLA JAN. 2003

EXHIBIT 224 C: JORDAN VISOLA AND HER DOG JUNE 11, 2003

EXHIBIT 224 D: MAP OF WALK

3:28 P.M.: CROSS EXAMINATION BY RICK DISTASO

3:32 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:32 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:32 P.M.: ELIZABETH GUPTILL, CALLED BY THE PEOPLE, IS SWORN
AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 225 A: PHOTO ELIZABETH GUPTILL, SON, FATHER

EXHIBIT 225 B: MAP

3:38 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

3:39 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:41 P.M.: JILL LEAR, 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 226 A: MAP

3:45 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

3:48 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:49 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/09/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:49 P.M. : COURT ADJOURNED TO RECONVENE ON 09/09/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/08/2004 .