Court Minutes:  September 9, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 11:07 am

Organization: SC

CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:09/09/2004 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/FLADAGER
Proceedings:JURY TRIAL

Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)

MinutesTRIAL DAY 93 .

DDA BIRGET FLADAGER PRESENT. DAVID HARRIS IS ILL.

9:00-9:26 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.

UNREPORTED: COURT EXHIBIT 22: LETTER, IS MARKED FOR
IDENTIFICATION AND ORDERED SEALED BY THE COURT AND TO BE
OPENED ONLY BY ORDER OF THE COURT.

LARON JOHNSON PRESENT AS COURT REPORTER.

9:30 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:30 A.M.: INV. KEVIN BERTALOTTO, PREVIOUSLY SWORN, RESUMED
THE WITNESS STAND UNDER CROSS EXAMINATION BY PAT HARRIS.

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

9:44 A.M.: KIM WESTPHAL, 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 227-A: COPY PHOTO OF KIM WESTPHAL AND HER DOG.

EXHIBIT 227-C: MAP OF ROUTE WALKED

9:52 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

9:59 A.M.: PATRICIA MEWHINNEY, 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 228-A: PHOTO OF PATRICA MEWHINNEY AND HER DOG.

EXHIBIT 228-B: MAP OF ROUTE WALKED

10:04 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:07 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:08 A.M.: BRIAN LEE, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

10:13 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:15 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

10:16 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:16 A.M.: JOAN LEE, 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 229-A: PHOTO JOAN LEE AND HER DOG.

EXHIBIT 229-B: MAP ROUTE WALKED

10:20 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:22 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:23 A.M.: DIANE MERENDA, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY BIRGET FLADAGER.

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

EXHIBIT 230: MAP OF ROUTE WALKED.

10:26 A.M.: CROSS EXAMINATION BY MARK GERAGOS

10:29 A.M.: REDIRECT EXAMINATION BY BIRGET FLADAGER.

10:30 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

10:31 A.M.: MELBA MARTINEZ, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY BIRGET FLADAGER.

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

EXHIBIT 231: MAP OF ROUTE WALKED.

EXHIBIT 231A: PHOTO OF DOG "RUBY".

10:35 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:37 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

10:38 A.M. : COURT RECESSED .

11:09 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

11:09 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:10 A.M.: AMY NEWMANN, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY BIRGET FLADAGER.

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

EXHIBIT 232: MAP OF ROUTE WALKED

11:16 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6F: PHOTO OF AMY NEWMANN AND HER DOG.

11:21 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:21 A.M.: LEE PETERSON, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

11:38 A.M.: CROSS EXAMINATION BY PAT HARRIS.

11:50 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:50 A.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/13/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

11:50 A.M. : COURT ADJOURNED TO RECONVENE ON 09/13/2004 AT
9:00 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

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