Court Minutes:  October 4, 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:10/04/2004 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 106 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:00-9:15 A.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND
COUNSEL REGARDING SCHEDULING.

9:16 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

AFTER REVIEW BY COUNSEL THE COURT ORDERS THE FOLLOWING VOLUMES
TO BE CERTIFIED:

VOL. 89: 9-13-04, PGS. 16884-17061, VOL. 90: 9-14-04, PGS.
17062-17225, VOL. 91: 9-15-04, PGS. 17226-17429, VOL. 92:
9-16-04, PGS. 17430-17550, VOL. 93: 9-20-04, PGS. 17551-17726,
VOL. 94: 9-21-04, PGS. 17727-17853, VOL. 95: 9-22-04, PGS.
17854-18033, AND VOL. 96, 9-23-04, PGS. 18034-18166.

THE COURT STATED THAT COURT WOULD NOT BE IN SESSION ON MONDAY,
OCT. 11 (COLUMBUS DAY) AND REQUEST COUNSEL BE READY TO CERTIFY
PGS. 18167-18683, VOLS. 97-100 ON TUESDAY, OCT. 12.

THE PEOPLE WILL REST ON WED. OCT. 6 OR OCT. 7 AND THE DEFENSE
CASE TO PROCEED ON TUESDAY, OCT. 12.

9:18 A.M.: JURY PRESENT.

THE COURT STATED TO THE JURY THAT THE PEOPLE WILL FINISH ON
WEDNESDAY OR THURSDAY, COURT WILL NOT BE IN SESSION OCT. 11
(COLUMBUS DAY) AND THE DEFENSE CASE WILL BEGIN ON TUESDAY OCT.
12.

9:20 A.M.: DR. RALPH CHENG, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY DAVID
HARRIS.

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

EXHIBIT 284: GRID MAP S.F. BAY

9:59 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

10:19 A.M.: REDIRECT EXAMINATION BY DAVID HARRIS.

10:29 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

10:32 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

10:32 A.M. : COURT RECESSED. DEFENSE COUNSEL TO ALSO REVIEW
NEW . DISCOVERY.

11:25 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

11:25 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:25 A.M.: RANDY GRIFFIN, CUSTODIAN OF RECORDS, POST OFFICE,
CALLED BY THE PEOPLE, IS SWORN AND TESTIFIED UNDER DIRECT
EXAMINATION BY RICK DISTASO.

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

EXHIBIT 285A: CHANGE OF ADDRESS FORM, 2 PGS.

EXHIBIT 285B: CHANGE OF ADDRESS FORM - CARD

11:32 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:37 A.M.: REDIRECT EXAMINATION BY RICK DISTASO.

11:38 A.M.: RECROSS EXAMINATION BY MARK GERAGOS.

11:38 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:40 A.M.: MARIO RUVALCABA, CALLED BY THE PEOPLE, IS SWORN
AND TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 286: DMV FORM - 3 PGS.

11:47 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:48 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

11:48 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30-1:44 P.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH
THE COURT AND COUNSEL REGARDING SCHEDULING.

1:44 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

1:44 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:44 P.M.: MICHAEL GRIFFIN, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 287: DMV DOCUMENTS - MERCEDES (4-12-03)

EXHIBIT 288: COPY NOTE WRITTEN BY M. GRIFFIN

1:54 P.M.: CROSS EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8D: PHOTO OF A KNIFE

1:59 P.M.: REDIRECT EXAMINATION BY RICK DISTASO

2:01 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:02 P.M.: MIKE RICHARDSON, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIES UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:05 P.M.: CROSS EXAMINATION BY PAT HARRIS.

2:19 P.M.: REDIRECT EXAMINATION BY RICK DISTASO.

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

EXHIBIT 289: PHOTO OF SCOTT (ARRESTED)

2:25 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:26 P.M.: AARON FRITZ, CALLED BY THE PEOPLE, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY RICK DISTASO.

2:27 P.M.: CROSS EXAMINATION BY PAT HARRIS.

2:32 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

2:32 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/05/2004 AT 9:00 A.M. .

2:35-2:50 P.M.: REPORTED 402 HEARING HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

DEFENDANT REMAINS IN CUSTODY.

2:50 P.M. : COURT ADJOURNED TO RECONVENE ON 10/05/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/04/2004 .