Court Minutes:  September 29, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 11:09 am

Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:09/29/2004 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 104 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:05 A.M.: DET. CRAIG GROGAN, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY MARK GERAGOS.

9:45-9:59 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

9:42 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:42 A.M.: DET. GROGAN, RESUMED THE WITNESS STAND UNDER
FURTHER CROSS EXAMINATION BY MARK GERAGOS.

9:45-9:59 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LINDA SWANNER, COURT REPORTER.

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

9:59 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE TESTIMONY AS TO MS. JACKSON (TIP LINE) IS BEING OFFERED
FOR THE TRUTH AND THE JURY MAY DECIDE.

10:00 A.M.: DET. GROGAN RESUMED CROSS EXAMINATION BY MARK
GERAGOS.

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

EXHIBITS D7S-1-25: PHOTOS OF ITEMS TAKEN FROM TRUCK.

EXHIBIT D7T: PHOTO OF DET. GROGAN AND DEFENDANT IN TRUCK ON
2/18/04.

JURORS ADMONISHED.

10:35 A.M. : COURT RECESSED .

11:15 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

11:15 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:15 A.M.: DET. GROGAN, RESUMED THE WITNESS STAND UNDER
FURTHER CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBITS D7S 1-25: PHOTOS OF ITEMS TAKEN FROM TRUCK ON
2/18/03.

EXHIBIT D7S-2: WRAPPED PRESENT, TOWEL, AND BARNES&NOBEL BAG.

EXHIBIT D7S-3: WHITE TOWEL WITH BLACK SCOTTY DOGS.

EXHIBIT D7S-4: PASSENGER SIDE W/ 2 OPEN DOORS OF WHITE PICK UP
TRUCK

EXHIBIT D7S-5: BACK OF WHITE DODGE PICK UP TRUCK.

EXHIBIT D7S-6: INSIDE OF TRUCK BED WITH YELLOW PLASTIC BOTTLE
AND NYLON STRAP

EXHIBIT D7S-7: ITEMS IN BACK OF PICK UP

EXHIBIT D7S-8: PASSENGER SEAT/STEERING WHEEL.

EXHIBIT D7S-9: PASSENGER SEAT WITH TAN BAG AND BOTTLES

EXHIBIT D7S-10: BACK SEAT WITH SPORTS BAG, TOWEL, ETC.

EXHIBIT D7S-11: BLUE GOLF BAG AND SHOWER SHOE, ETC.

EXHIBIT D7S-12: BLUE GOLF BAG/GOLF CLUBS, TOWEL OUTSIDE OF
TRUCK.

EXHIBIT D7S-13: TAN BAG WITH TRADECORP BINDER, MAP,

EXHIBIT D7S-15: BACK PACK WITH SLEEPING BAG.

EXHIBIT D7S-16: VARIOUS ITEMS OF CLOTHING, SHOES, ETC.

EXHIBIT D7S-17: CLOSE UP LEVIS AND 3 PAIRS OF SHOES, BELT.

EXHIBIT D7S-18: CLOSE UP OF SHOES, BELT, ETC.

EXHIBIT D7S-19: TWO WHITE SHIRTS, BELT, SUIT, ETC.

EXHIBIT D7S-20: CLOSE UP OF SHIRTS, UNDERWEAR, ETC.

EXHIBIT D7S-21: RED AND WHITE TIES, SUIT.

EXHIBIT D7S-22: CLOSE UP OF SUIT.

EXHIBIT D7S-23: TWO RED OBLONG BAGS.

EXHIBIT D7S-24: CLOSE UP OF ONE BLACK SHOE

EXHIBIT D7S-25: BAG OF "MISSING LACI" BUTTONS

EXHIBIT D7U-1: DIAGRAM OF TRUCK

EXHIBIT D7U-2: DIAGRAM OF BOAT

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

EXHIBIT D7V 1-7: VARIOUS PRESS RELEASES

EXHIBIT D7V-1: MPD 12/30/02

EXHIBIT D7V-2: MPD 12/26/02

EXHIBIT D7V-3: MPD 12/25/02

EXHIBIT D7V-4: MPD 12/28/02

EXHIBIT D7V-5: MPD 12/27/02

EXHIBIT D7V-6: MPD 12/26/02

COUNSEL STIPULATE THAT COPIES CAN BE REPLACED WITH THE
ORIGINALS OF D7U 1-2 AND D7V 1-7.

EXHIBIT D7W: PHOTO OF KITCHEN

EXHIBIT D7X: 2 PAGE DOCUMENT - 41 REASONS WHY GROGAN WOULD
FIND LACI IN THE BAY.

JURORS ADMONISHED.

11:58 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:34 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

1:34 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: DET. GROGAN, RESUMED THE WITNESS STAND UNDER
FURTHER CROSS EXAMINATION BY MARK GERAGOS.

PREVIOUSLY SEALED EXHIBITS ADMITTED INTO EVIDENCE D6W 3-5 ARE
SHOWN TO DET. GROGAN

1:43 P.M.: CROSS EXAMINATION BY MARK GERAGOS CONCLUDED.

THE FOLLOWING WITNESS IS TAKEN OUT OF ORDER:

1:44 P.M.: DEP. RONALD SCHWEITZER, DOJ, CALLED BY THE PEOPLE,
IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK
DISTASO.

1:47 P.M: CROSS EXAMINATION BY MARK GERAGOS.

1:51 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

DET. GROGAN, PREVIOUSLY SWORN, RESUMED THE WITNESS STAND UNDER
FURTHER REDIRECT EXAMINATION BIRGET FLADAGER.

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

EXHIBIT 281A: PHOTO OF SCOTT (FROM VIDEO) IN MPD INTERVIEW
ROOM ON 12-25-02.

EXHIBIT 281B: PHOTO OF SCOTT STANDING.

JURORS ADMONISHED.

2:40 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:00 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

3:00 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:02 P.M.: DET. GROGAN, RESUMED THE WITNESS STAND UNDER
FURTHER REDIRECT EXAMINATION BY BIRGET FLADAGER.

3:58 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
09/30/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:58 P.M. : COURT ADJOURNED TO RECONVENE ON 09/30/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/29/2004 .