Court Minutes:  September 13, 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:09/13/2004 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 94 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:25 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED THE RECORD TO BE CERTIFIED BY MONDAY,
9/20/04.

9:29 A.M.: JURY PRESENT.

9:29 A.M.: MATT LAOLAGI, 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 .

9:34 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

9:38 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:40 A.M.: PETER LOOMIS, PH.D., CALLED BY THE PEOPLE IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF GPS
TECHNOLOGY

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

EXHIBIT 234: BINDER WITH GPS INFORMATION

EXHIBIT 235A: DIAGRAM GPS TRACK 1-9-03

EXHIBIT 235B: DIAGRAM GPS TRACK BERKELEY MARINA

EXHIBIT 236: DIAGRAM 1/27/03 - GPS - DODGE DAKOTA

10:16 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6G: MAP 1-21-03 - PORTION OF BAY

EXHIBIT D6H: MAP 1-21-03 - BAY

10:37 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

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

JURORS ADMONISHED.

10:37 A.M. : COURT RECESSED UNTIL 11:00 A.M. .

11:00 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

11:00 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:00 A.M.: HUGH RODDIS, 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 237: GPS TRACKING DATA (TIME, DATE, ETC.)

11:23 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:32 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

11:33 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:34 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:39 A.M.: DET. SKULTETY, RECALLED 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 238: PLASTIC BAG CONTAINING EVIDENCE ENVELOPE WITH
CEMENT VACUUMED FROM BOTTOM OF BOAT.

11:39 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6I-1: COPY YAHOO MAP - TRACY/STOCKTON

EXHIBIT D6I-2: COPY YAHOO MAP - TRACY/STOCKTON

EXHIBIT D6I-3: COPY SAFETY TRACKING MAP

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

1:30 P.M.: DET. SKULTETY, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6J1: PHOTO OF CEMENT ON GROUND - 523 COVENA

EXHIBIT D6J2: PHOTO OF DRIVEWAY - 523 COVENA

EXHIBIT D6J3: PHOTO OF DRIVEWAY - 523 COVENA

EXHIBIT D6J4: PHOTO FRONT YARD - 523 COVENA

EXHIBIT D6K1: YAHOO MAP 51 MARINA BLVD

EXHIBIT D6K2: YAHOO MAP RAILROAD/FRONTAGE RD.,PITTSBURG

EXHIBIT D6K3: MAPQUEST LAT. 38.0157, LONG. -121.8913

1:55 P.M.: REDIRECT EXAMINATION BY RICK DISTASO

1:56 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

1:58 P.M.: PIN KYO, DOJ-CRIMINALIST, 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 - PHOTOS .

EXHIBIT 239A: SPONGE MOP WITH HANDLE

EXHIBIT 239B: CLOSE UP OF SPONGE MOP

EXHIBIT 239C: STRING MOP WITH HANDLE

EXHIBIT 239D: BLUE BUCKET

EXHIBIT 239E: INSIDE BUCKET

EXHIBIT 240A: BLUE TARP

EXHIBIT 240B: BOAT COVER

EXHIBIT 240C: CLOSE UP OF BOAT COVER

EXHIBIT 240D: STERN END OF BOAT COVER (ENGINE)

EXHIBIT 240E: DEBRIS FROM BOAT COVER (CEMENT CHUNKS)

EXHIBIT 241: PLASTIC BAG W/ EVIDENCE ENVELOPE CONTAINING
CONCRETE DEBRIS

EXHIBIT 242: PHOTO DOG LEASH

EXHIBIT 243A: PHOTO DUVET COVER "SIDE B"(BUTTON SIDE UP)

EXHIBIT 243B: PHOTO CLOSE UP REDDISH BROWN STAIN FROM DUVET

EXHIBIT 243C: CLOSE UP REDDISH BROWN STAIN

EXHIBIT 243D: CLOSE UP REDDISH BROWN STAIN (GREEN POST-IT)

EXHIBIT 243E: CUTTING OF DUVET COVER

EXHIBIT 243F: BACK VIEW OF EXH. 243E

JURORS ADMONISHED.

2:44 P.M. : COURT RECESSED UNTIL 3:05 .

3:08 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

3:08 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:08 A.M.: PIN KYO, 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 (PHOTOS) .

EXHIBIT 244A: EVIDENCE ENVELOPES, 7 SMALL, 1 LARGE

EXHIBIT 244B: EVIDENCE ENVELOPES REPACKAGED AFTER TESTING

EXHIBIT 244C: (PIN KYO DID NOT TAKE THIS PHOTO)

EXHIBIT 245A: BLOOD VIALS - SCOTT PETERSON

EXHIBIT 245B: VIALS (CLOSEUP)

EXHIBIT 245C: VIALS (CLOSEUP)

EXHIBIT 245D: VIALS (CLOSEUP)

EXHIBIT 245E: TWO BLOOD SAVE CARDS

EXHIBIT 246A: VACUUM CLEANER OPEN WITH BAG

EXHIBIT 246B: VACUUM CLEANER WITHOUT BAG

EXHIBIT 246C: VACUUM BAG CUT OPEN

EXHIBIT 246D: SAME AS 246C

EXHIBIT 246E: DEBRIS SAMPLE FROM BAG.

EXHIBIT 247A: EVIDENCE BAG, ITEMS FROM PURSE, JACKET, BOOK,
PURSE

EXHIBIT 248A: FIVE EVIDENCE BOXES

EXHIBIT 248F: MATERNITY PANTS REMAINS

EXHIBIT 248G: BACK OF MATERNITY PANTS

EXHIBIT 248H: UNTANGLED PANTS REMAINS

EXHIBIT 248I: PANTS OPENED UP

EXHIBIT 248J: CLOSE UP OF INSIDE PANTS/ZIPPER

EXHIBIT 248K: CLOSE UP OF PANTS WITH ZIPPER

EXHIBIT 248L: PANTS BACK LEG

EXHIBIT 248M:CLOSEUP LEFT PANTS LEG

EXHIBIT 248N: CUTTING FROM RIGHT PANTS LEG WITH STRING.

EXHIBIT 248-O: CLOSE UP OF PANTS MASS

EXHIBIT 248P: UNTANGLED MASS WITH STRING

EXHIBIT 248Q: TOP OF PANTS GOING DOWN BACK

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/14/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M.: COURT ADJOURNED TO RECONVENE ON 09/14/04 AT 9:00
A.M.: IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/13/2004 .