Court Minutes:  September 21, 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:09/21/2004 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/D. HARRIS
Proceedings:JURY TRIAL

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

MinutesTRIAL DAY 99 .

LARON JOHNSON, PRESENT AS COURT REPORTER.

9:00-9:25 A.M.: REPORTED 402 HEARING HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

THE COURT ORDERS REPORTED 402 HEARING SEALED AND TO BE OPENED
UPON ORDER OF THE COURT ONLY.

9:27-9:42 A.M.: SECOND 402 HEARING HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

THE COURT ORDERS SECOND 402 HEARING SEALED AND TO BE OPENED
UPON ORDER OF THE COURT ONLY.

9:45 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:45 A.M.: DET. CRAIG GROGAN, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY BIRGET
FLADAGER.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND
ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE (DIAGRAM) :

EXHIBIT 267: MAP OF MODESTO WITH 12/24 SIGHTINGS.

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

EXHIBIT 268A: MAP OF CALIFORNIA (RED DOTS) 12/24/02 LACI
SIGHTINGS

EXHIBIT 268B: MAP USA - NON-12/24/02 LACI SIGHTINGS.

JURORS ADMONISHED.

10:43 A.M. : COURT RECESSED UNTIL 10:05 A.M. .

11:07 A.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

11:07 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:09 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 269A: TRANSCRIPT OF 269B

EXHIBIT 269B: CD OF WIRETAP CALL 1/25/03, 4:52 P.M.

NO TRANSCRIPT OF THIS CD IS PROVIDED TO THE JURY. THE ONE PAGE
TRANSCRIPT IS SHOWN ON THE SCREEN.

11:20 A.M.: JURY EXITS THE COURTROOM.

OUT OF THE PRESENCE OF THE JURY THE COURT LAYS A FOUNDATION
FOR THE PLAYING OF THE DIANE SAWYER TAPES. REDACTED CD TO BE
PLAYED FOR THE JURY.

11:27 A.M.: JURORS PRESENT.

THE COURT ADMONISHED THE JURY REGARDING THE EDITED TAPES.

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

EXHIBIT 270A: TRANSCRIPT OF 270B.

EXHIBIT 270B: CD-DIANE SAWYER INTERVIEW AND PRIME TIME AMERICA
INTERVIEWS.

UNREPORTED: 11:30 A.M. EXHIBIT 270B COMMENCED PLAYING FOR THE
JURY.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND
ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE :

EXHIBITS 270A AND 270B.

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

EXHIBIT 271A: TRANSCRIPT OF 271B.

EXHIBIT 271B: TAPED PHONE CALL WITH GROGAN/SCOTT ON 1-29-03.

JURORS ADMONISHED.

12:08 P.M. : COURT RECESSED UNTIL 1:45 P.M. .

1:53 P.M. : LARON JOHNSON REPLACES VALERIE CATHEY AS COURT
REPORTER.

1:53 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:53 P.M.: DET. GROGAN, PREVIOUSLY SWORN, RESUMED THE WITNESS
STAND UNDER FURTHER DIRECT EXAMINATION BY BIRGET FLADAGER.

THE FOLLOWING EXHIBITS FROM 9/20/04 ARE NOW ADMITTED INTO
EVIDENCE:

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

EXHIBIT 272A: TRANSCRIPT OF 272B.

EXHIBIT 272B: CD-GLORIA GOMEZ INTERVIEW.

UNREPORTED: 2:01- 2:27 P.M.: TAPE PLAYED AND CONCLUDED.

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

EXHIBIT 273A: TRANSCRIPT OF 273B.

EXHIBIT 273B: CD-TED ROWLANDS INTERVIEW 1/30/03

UNREPORTED: 2:28 - 2:36 P.M.: TAPE BEGAN AND CONCLUDED.

INTERVIEW.)

JURORS ADMONISHED.

2:50 P.M. : COURT RECESSED UNTIL 3:05 P.M. .

3:10-3:19 P.M.: REPORTED 402 HEARING HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND VALERIE CATHEY, COURT REPORTER.

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

3:21 P.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

3:21 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:21 P.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 (PHOTOS) .

EXHIBIT 274A: TWO BAGS WITH CURRENCY.

EXHIBIT 274B: CLOTHING ITEMS, JEWELRY IN BAGS.

EXHIBIT 274C: CLOSE UP OF CLOTHING ITEMS.

EXHIBIT 274E: WEDDING RING CLOSE UP

EXHIBIT 274F: SECOND BAG

EXHIBIT 274G: CLOSE UP ENVELOPE/CURRENCY

EXHIBIT 274H: CURRENCY AND BAGGIE WHERE CURRENCY FOUND

EXHIBIT 274I: ADDITIONAL CURRENCY

3:42 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/22/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:48 P.M. : COURT ADJOURNED TO RECONVENE ON 09/22/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/21/2004 .