Court Minutes:  September 22, 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:09/22/2004 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 100 .

LARON JOHNSON, PRESENT AS COURT REPORTER.

9:07 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE FOLLOWING WITNESSES ARE TAKEN OUT OF ORDER:

9:09 A.M.: DR. GREGGORY RUSSELL DEVORE, OB-GYN, 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
MATERNAL FETAL MEDICINE.

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

EXHIBIT 275: DIAGRAM BY DR. DEVORE.

9:56 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

JURORS ADMONISHED.

10:40 A.M. : COURT RECESSED UNTIL 11:00 A.M. .

11:00 A.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

11:01 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:02 A.M.: DR. DEVORE, 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 D6V: DIAGRAM OF CALCULATIONS BY MR. GERAGOS (DRS.
GALLOWAY/DEVORE)

11:25 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

11:45 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:49 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

11:49 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:35 P.M. : LARON JOHNSON REPLACES VALERIE CATHEY AS COURT
REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

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

EXHIBIT 276A-E: PHOTOS OF SCOTT:

EXHIBIT 276A: SURVEILLANCE OF SCOTT 4-18-04

EXHIBIT 276B: SURVEILLANCE OF SCOTT 4-18-04

EXHIBIT 276C: SCOTT POST ARREST, WITH SUN GLASSES

EXHIBIT 276D: SCOTT POST ARREST (FRONT)

EXHIBIT 276E: SCOTT POST ARREST, WITHOUT SUN GLASSES

EXHIBIT 277: MAP OF SURVEILLANCE OF SCOTT PETERSON

2:04 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D6W-1: BACK OF RED MERCEDES

EXHIBIT D6W-2: MERCEDES PASSENGER DOOR OPEN

EXHIBIT D6W-3: SEAT WITH BAG AND NOTEBOOK. (ORDERED SEALED.)

EXHIBIT D6W-4: PHOTO OF NOTE (ORDERED SEALED)

EXHIBIT D6W-5: COPY OF PAGE FROM NOTEBOOK FOUND ON SEAT,
(D6W-3). (ORDERED SEALED.)

JURORS ADMONISHED.

2:25 P.M. : COURT RECESSED UNTIL 2:45 P.M. .

2:50 P.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

2:50 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:51 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 278: VIDEO OF SEARCH WARRANT 2/18/04 (NO SOUND).

UNREPORTED EXCEPT FOR THE COURT REPORTER REPORTING STATEMENTS
MADE BY COUNSEL AND WITNESS DURING THE PLAYING OF THE VIDEO.

3:33 P.M.: DET. GROGAN CONTINUED DIRECT EXAMINATION.

3:55 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/23/2004 AT 9:00 A.M. .

OUT OF THE PRESENCE OF THE JURY THE COURT STATED COUNSEL TO
REVIEW THE TRANSCRIPT THAT WILL BE PLAYED ON THURSDAY AND
INQUIRED HOW MUCH LONGER DIRECT EXAMINATION OF DET. GROGAN
WOULD BE.

DEFENDANT REMAINS IN CUSTODY.

3:57 P.M. : COURT ADJOURNED TO RECONVENE ON 09/23/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/22/2004 .