Court Minutes:  September 20, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 11:08 am

Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:09/20/2004 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.FLADAGER/HARRIS
Proceedings:JURY TRIAL

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

MinutesTRIAL DAY 98 .

LARON JOHNSON, PRESENT AS COURT REPORTER.

9:02-9:06 A.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH
THE COURT AND COUNSEL REGARDING SCHEDULING OF WITNESSES.

9:08 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

AFTER REVIEW BY COUNSEL AND CORRECTIONS PREVIOUSLY MADE THE
COURT ORDERS THE FOLLOWING VOLUMES TO BE CERTIFIED:

VOL. 86: 9-2-04, PGS. 16,297-16,363, VOL. 86: 9-7-04, PGS.
16,364-16566, VOL. 87: 9-8-04, PGS. 16,567-16,768, AND VOL.
88: 9-9-04, PGS. 16,769-16,883.

9:10 A.M.: JURORS PRESENT.

9:12 A.M.: DET. IAN FRAZER, EAST BAY REGIONAL PARK DISTRICT,
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 261A: NORTH END, ISABEL TURNAROUND, RICHMOND.

9:26 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6T-1: SHORELINE PT. ISABLE (W/BLACK TARP)

EXHIBIT D6T-2: WHERE BODY FOUND.

9:46 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

9:47 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

9:50 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

9:50-10:02 A.M.: REPORTED CONFERENCE (402 HEARING) HELD IN
CHAMBERS WITH THE COURT, COUNSEL, DEFENDANT, AND LARON
JOHNSON, COURT REPORTER.

THE COURT ORDERS IN CHAMBERS (402 HEARING) SEALED AND TO BE
OPENED UPON ORDER OF THE COURT ONLY.

THE COURT TO RESERVE RULING UNTIL 9-21-04.

10:02 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:02 A.M.: DET. JEFFREY SOLER, RICHMOND P.D., CALLED BY THE
PEOPLE IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
DAVID HARRIS.

EXHIBITS PREVIOUSLY MARKED REGARDING LOCATION AND AUTOPSY OF
CONNER ARE SHOWN TO THE JURY.

JURORS ADMONISHED.

10:30 A.M. : COURT RECESSED UNTIL 10:50 A.M. .

10:53 A.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

10:53 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:53 A.M.: DET. SOLER, PREVIOUSLY SWORN, RESUMED THE WITNESS
STAND UNDER CROSS EXAMINATION BY MARK GERAGOS.

11:10 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:11 A.M.: RECROSSS EXAMINATION BY MARK GERAGOS.

11:14 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:18 A.M.: DET CRAIG GROGAN, MODESTO P.D., CALLED BY THE
PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY
BIRGET FLADAGER.

JURORS ADMONISHED.

11:57 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:37 P.M. : LARON JOHNSON REPLACES VALERIE CATHEY AS COURT
REPORTER.

1:37 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:40 P.M.: DET. GROGAN, PREVIOUSLY SWORN, RESUMED THE WITNESS
STAND UNDER FURTHER DIRECT EXAMINATION BY BIRGET FLADAGER.

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

EXHIBIT 262A: ENVELOPE AND CONTENTS. LOUIS VUITTON PURSE.

EXHIBIT 262B: BLACK WALLET AND CONTENTS (I.D., RECEIPTS, ETC.)

EXHIBIT 263: GROUP EXHIBIT - DMV REGISTRATION DOCUMENTS FOR
BOAT AND TRIALER.

EXHIBIT 264A: TAPED CONVERSATION WITH DET. GROGAN AND SCOTT
PETERSON ON 12-30-02 AT 0900-0915 HOURS.

EXHIBIT 264B: TAPE CONVERSATION 12-30-02 1720-1730 HRS.

EXHIBIT 264C: TRANSCRIPTS OF EXHIBITS 264A AND 264B.

THE COURT ADMONISHED THE JURY REGARDING THE PLAYING OF THE
TAPE AND ACCURACY OF THE TRANSCRIPTS.

UNREPORTED: TAPE PLAYED FOR THE JURY.

2:09-2:19P.M.: EXHIBIT 264A PLAYED FOR THE JURY.

2:20-2:34 P.M.: EXHIBIT 264B PLAYED FOR THE JURY.

2:35 P.M.: DIRECT EXAMINATION CONTINUES.

JURORS ADMONISHED.

2:38 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:00-3:05 P.M.: UNREPORTED CONFERENCE WITH THE COURT AND
COUNSEL REGARDING WITNESS SCHEDULING.

3:09 P.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

THE JUDGE STATED TO THE JURORS THE SCHEDULING OF WITNESSES FOR
THIS WEEK AND STATED THAT THE PEOPLE SHOULD REST THEIR CASE ON
SEPT. 30, 2004.

THE JUDGE FURTHER STATED THERE WILL BE A 402 HEARING IN THE
MORNING AND THE JURORS SHOULD BE HERE BY 9:15 A.M.

3:09 A.M.: DET. GROGAN, RESUMED THE WITNESS STAND UNDER
FURTHER DIRECT EXAMINATION BY BIRGET FLADAGER.

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

EXHIBIT 265: FAX COPY/PHOTO OF SCOTT AND AMBER

EXHIBIT 266: VIDEO 1/3/03 OF SCOTT PETERSON AND DET. GROGAN AT
APPROX. 4:18 P.M. (NO SOUND - NO TRANSCRIPT.)

UNREPORTED: VIDEO SHOWN TO THE JURY.

3:56 P.M.: DIRECT EXAMINATION CONTINUES.

3:56 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/21/2004 AT 9:15 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:56 P.M. : COURT ADJOURNED TO RECONVENE ON 09/21/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/20/2004 .