Court Minutes:  September 30, 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:09/30/2004 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 105 .

LINDA SWANNER PRESENT AS COURT REPORTER.

9:00-9:18 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.

9:25 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

9:26 A.M.: DET. CRAIG GROGAN, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER REDIRECT EXAMINATION BY BIRGET
FLADAGER.

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

EXHIBIT 282: PHOTO OF DET. GROGAN AND SCOTT (FEB. SEARCH
WARRANT).

9:30 A.M.: RECROSS EXAMINATION BY MARK GERAGOS

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

EXHIBIT D7Y 1-9: GROUP OF PHOTOS OF LACI/SCOTT SEIZED IN
SEARCH WARRANT:

EXHIBIT D7Y-1: LACI WITH EARRINGS

EXHIBIT D7Y-2: LACI W/EARRINGS AND DIAMOND PENDANT

EXHIBIT D7Y-3: LACI W/EARRINGS AND DIAMOND PENDANT

EXHIBIT D7Y-4: LACI WITH EARRINGS

EXHIBIT D7Y-5: NOT IDENTIFIED ON RECORD

EXHIBIT D7Y-6: NOT IDENTIFIED ON RECORD

EXHIBIT D7Y-7: LACI WITH DIAMOND NECKLACE

EXHIBIT D7Y-8: SCOTT WITH BACK PACK

EXHIBIT D7Y-9: SCOTT CAMPING W/DOG

JURORS ADMONISHED.

10:35 A.M. : COURT RECESSED UNTIL 10:55 A.M. .

10:35-10:52 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH
THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT
REPORTER.

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

10:35 A.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

11:00 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

OUT OF THE PRESENCE OF THE JURY THE COURT STATED HE REVIEWED
THE TAPED CONVERSATION WITH SCOTT AND DET. AJA AND THERE BEING
NO OBJECTION BY THE PEOPLE THE TAPED CONVERSATION WILL BE
PLAYED FOR THE JURY DURING THE RECROSS EXAMINATION OF DET.
GROGAN.

11:02 A.M.: JURY PRESENT.

11:02 A.M.: DET. GROGAN RESUMED THE WITNESS STAND UNDER
FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D7Z: C.D./TRANSCRIPT TELEPHONE CONVERSATION WITH DET.
AJA AND SCOTT PETERSON ON 2/3/03 AT 1533 HOURS.

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

EXHIBIT D8A-1: PHOTO - SECOND BEDROOM BED W/PILLOWS

EXHIBIT D8A-2: PHOTO - MASTER BEDROOM BED

11:53 A.M.: FURTHER REDIRECT EXAMINATION BY BIRGET FLADAGER.

11:59 A.M.: FURTHER RECROSS EXAMINATION BY MARK GERAGOS.

12:01 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

12:03 P.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:40 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

1:40 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:40 P.M.: S/A KEVIN KOLBE, CALLED BY THE PEOPLE IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

1:42 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

1:50 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

1:51 P.M.: S/A PETER SHEAR, CALLED BY THE PEOPLE IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

1:58 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:03 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:03 P.M.: S/A CLAUDE JUBRAN, CALLED BY THE PEOPLE, IS SWORN
AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:06 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:12 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:12 P.M.: S/A SONIA RAMOS, CALLED BY THE PEOPLE IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:19 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:22 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:22 P.M.: S/A ERNIE LIMON, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:29 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

2:34 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

2:35 P.M. : COURT RECESSED .

3:06 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

3:06 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:07 P.M.: DR. RALPH CHENG, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY DAVID HARRIS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF
HYDROLOGY - WATER MOVEMENT IN THE S.F. BAY.

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

EXHIBIT 283: HARDCOPY/POWERPOINT PRESENTATION OF TIDES,
CURRENTS, WINDS, AND WAVES IN S.F. BAY.

3:46 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/04/2004 AT 9:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:46 P.M. : COURT ADJOURNED TO RECONVENE ON 10/04/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 09/30/2004 .