Court Minutes:  September 14, 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:09/14/2004 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 95 .

UNREPORTED: COURT EXHIBIT 23 ORDER SIGNED BY JUDGE DELUCCHI ON
9/9/04 AND FILED BY THE CLERK ON 9/14/04. THIS ORDER IS SEALED
TO BE OPENED ONLY BY ORDER OF THE COURT.

LINDA SWANNER PRESENT AS COURT REPORTER.

9:12 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

EXHIBIT 249A: BINDER SPRINT PHONE RECORDS FOR AMBER FREY

9:15 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 .

EXHIBIT 250A: FRONT OF DUCT TAPE

EXHIBIT 250B: BACK OF DUCT TAPE

EXHIBIT 250C: BACK STICKY SIDE (CLOSE UP W/BARNACLES)

EXHIBIT 250D: CENTER STICKY SIDE (W/BARNACLES)

EXHIBIT 250E: CENTER RIGHT W/DUCT TAPE

EXHIBIT 250F: RIGHT END DUCT TAPE W/TISSUE

EXHIBIT 250G: SAME AS 250F, W/SCALE

EXHIBIT 250H: CLOSE UP OF 250F, TAPE TURNED OVER

EXHIBIT 250I: CLOSE UP OF 250F

EXHIBIT 250J: NONADHESIVE SIDE OF DUCT TAPE

EXHIBIT 250K: CENTER OF DUCT TAPE

EXHIBIT 250L: CENTER WITH BARNACLES

EXHIBIT 250M: CLOSE UP RIGHT END W/BARNACLES

EXHIBIT 250N: CLOSE UP OF LEFT END - DUCT TAPE

EXHIBIT 251A: PLASTIC TARGET BAG

EXHIBIT 251B: DUCT TAPE

EXHIBIT 252: PHOTO BLACK/TAN MATERNITY BLOUSE

EXHIBITS 253A: EVIDENCE ENVELOPE W/PLASTIC BAG CONTAINING
TWINE LIKE MATERIAL.

EXHIBIT 253B: BACK SIDE OF PACKAGE

EXHIBIT 253C: CLOSE UP OF MATERIAL IN PLASTIC BAG

EXHIBIT 253D: TWINE LIKE MATERIAL REMOVED FROM BAG

EXHIBIT 253E: CLOSE UP OF LOOSE KNOT END

EXHIBIT 253F: TWINE MATERIAL STRETCHED OUT - 6" WIDE

EXHIBIT 253G: LEFT END OF MATERIAL AFTER LOOSE KNOT OPENED UP

EXHIBIT 253H: MIDDLE SECTION OF MATERIAL

EXHIBIT 253I: TIGHT KNOT WITH BUGS

EXHIBIT 254 A-E: PHOTOS OF DEBRIS PROVIDED BY EAST BAY PARK
DISTRICT:

EXHIBIT 254A: EVIDENCE BAG CONTAINING WHITE PAPER WRAPPED
AROUND PLASTIC DEBRIS MATERIAL.

EXHIBIT 254B: DEBRIS FROM BAG - PLASTIC TWINE LIKE MATERIAL

EXHIBIT 254C: CLOSE UP OF MATERIAL WITH SCALE

EXHIBIT 254D: DEBRIS SEPARATED

EXHIBIT 254E: CLOSEUP OF PLASTIC DEBRIS

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

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

EXHIBIT D6L-1: PLACARD 3 - TABLE WITH KNIFE, PENS, PRINTER,
NOTE PADS

EXHIBIT D6L-2: PLACARD 12 - PAIR OF BROWN BOOTS

EXHIBIT D6L-3: PLACARD 13 - PAIR OF TENNIS SHOES

EXHIBIT D6L-4: PLACARD 25-26- BATHROOM, WITH DRAWER AND DOOR
OPEN.

EXHIBIT D6L-6: PLACARD 43 - FOLDED BOAT COVER

EXHBIIT D6L-7: PLACARD 43 - OPEN BOAT COVER HANGING ON FENCE

EXHIBIT D6M: FOUR PHOTOS OF FOLDING KNIFE (ANALYSIS BY PIN
KYO)

EXHIBIT D6M-1: DIAGRAM OF BOAT COVER

EXHIBIT D6M-3: TWO PHOTOS OF TENNIS SHOES

JURORS ADMONISHED.

10:33 A.M. : COURT RECESSED .

10:58 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:58 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

11:00 A.M.: PIN KYO, 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 (PHOTOS) .

EXHIBIT D6L-8: PLACARD 46 - LEVI JEANS ON WASHING MACHINE

EXHIBIT D6L-10: PLACARD 52 - DUVET COVER, PLACARD 51 - BLUE
LEVIS

EXHIBIT D6L-5: PLACARD 41 - FOLDED BLUE TARP ON TABLE, BACK
PACK

EXHIBIT D6L-9: PLACARD 48 - DOG LEASH, ETC.

EXHIBIT D6M-4: THREE PHOTOS OF GREEN TOOL BOX

EXHIBIT D6M-6: PHOTO BROWN BOX IN BACK OF PICK UP TRUCK

JURORS ADMONISHED.

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

1:35 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

1:35 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: PIN KYO, 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 D6M-11: TWO PHOTOS INSIDE BOAT WITH STAINS

1:49 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 255: THREE PHOTOS CONTENTS OF TOOL BOX (ANALYSIS BY
PIN KYO)

2:07 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6M-12A: THREE PHOTOS REAR OF TRUCK W/STAINS

EXHIBIT D6M-12B: TWO PHOTOS REAR OF TRUCK AND TOP VIEW FROM
REAR OF TRUCK.

EXHIBIT D6M-12C: TWO PHOTOS REAR OF TRUCK/TAILGATE AND REAR OF
TRUCK WITH EXPENDED SHOTSHELL AND TRUCK HITCH

EXHIBIT D6M-13: BED OF TRUCK WITH CLAW/HOE TOOL AND CHICKEN
WIRE.

2:16 P.M.: FURTHER REDIRECT EXAMINATION BY DAVID HARRIS

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

2:18 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:19 P.M.: WILLIAM HUDLOW, DOJ/DNA, CALLED BY THE PEOPLE IS
SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY DAVID HARRIS.

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

JURORS ADMONISHED.

2:41 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:07 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

3:07 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:07 P.M.: WILLIAM HUDLOW, RESUMED THE WITNESS STAND UNDER
FURTHER DIRECT EXAMINATION BY DAVID HARRIS.

3:08 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

3:10 P.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

3:11 P.M.: RECROSS EXAMINATION BY MARK GERAGOS.

3:12 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:12 P.M.: GALEN NICKEY, DOJ, CALLED BY THE PEOPLE, IS SWORN
AND TESTIFIED UNDER DIRECT EXAMINATION BY DAVID HARRIS.

3:18 P.M.: CROSS EXAMINATION BY MARK GERAGOS

3:23 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:24 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/15/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:24 P.M. : COURT ADJOURNED TO RECONVENE ON 09/15/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.