Court Minutes:  October 18, 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:10/18/2004 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 109 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:15 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

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

VOL. 102: 10-5-04, PGS. 19027-19154.

MOTION OF DEFENSE PURSUANT TO PC 1118.1 FOR ENTRY OF JUDGMENT
OF ACQUITTAL DENIED.

MOTION DENIED BY THE COURT FOR THE REASONS STATED ON THE
RECORD.

OUT OF THE PRESENCE OF THE JURY THE COURT AND COUNSEL HAVE A
LEGAL DISCUSSION REGARDING THE CONCRETE ISSUE. MR. GERAGOS
GAVE AN OFFER OF PROOF AS TO THE PROPOSED TESTIMONY BY INV.
JENSEN AS TO THE CEMENT SAMPLES TAKEN FROM THE AREA IN THE
DRIVEWAY AT 523 COVENA IN SEPT. 2004. MR. GEBLER ALSO
COLLECTED CONCRETE SAMPLES THAT WERE CONSISTENT WITH SAMPLES
COLLECTED BY INV. JENSEN.

ARGUMENT PRESENTED BY COUNSEL. MATTER SUBMITTED.

THE COURT WILL PERMIT THE DEFENSE WITNESESS TO TESTIFY FOR THE
REASONS STATED ON THE RECORD.

9:25 A.M. : COURT RECESSED UNTIL 10:00 A.M. .

10:09 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

COURT EXHIBIT 24-LETTER FROM JUROR IS MARKED AND SEALED BY THE
COURT TO BE OPENED ONLY BY ORDER OF THE COURT.

SUBPOENA DUCES TECUM RECORDS FROM AT&T REQUESTED BY THE PEOPLE
ARE PROVIDED TO DAVID HARRIS IN OPEN COURT. A COPY TO BE
PROVIDED TO THE DEFENSE.

10:10 A.M.: JURORS PRESENT

EVIDENCE PRESENTED BY THE DEFENDANT/RESPONDENT.

10:10 A.M.: INV. CARL JENSEN, CALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8H: PHOTO ALBUM CONTAINING 104 CONCRETE PHOTOS.

EXHIBIT D8I: BOX CONTAINING CONCRETE SAMPLES FROM DRIVEWAY AT
523 COVENA.

10:26 A.M.: CROSS EXAMINATION BY DAVID HARRIS

10:58 A.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8J: PHOTO BACK YARD WITH BARBECUE.

11:03 A.M.: RECROSS EXAMINATION BY DAVID HARRIS.

11:07 A.M.: FURTHER REDIRECT EXAMINATION BY MARK GERAGOS

11:09 A.M.: FURTHER RECROSS EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 295A: PHOTO OF FENCE WITH CONCRETE MIX BAG

EXHIBIT 295B: CLOSE UP OF 295A

EXHIBIT 295C: DRIVEWAY OF 523 COVENA

EXHIBIT 295D: CLOSE UP OF 295C

EXHIBIT 295E: FRONT OF HOUSE WITHOUT CAR IN DRIVEWAY.

EXHIBIT 295F: FRONT OF HOUSE WITH CAR IN DRIVEWAY.

11:10 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

THE COURT INSTRUCTED THE JURY REGARDING EXPERT WITNESS
TESTIMONY.

JURORS ADMONISHED.

11:14 A.M. : COURT RECESSED UNTIL 11:30 A.M. .

11:35 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

11:34 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

11:35 A.M.: STEVE GEBLER, CALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIED UNDER DIRECT EXAMINATION BY MARK GERAGOS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF
CONCRETE

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

EXHIBIT D8K: BINDER WITH PHOTOS OF CEMENT/CONCRETE

EXHIBIT D8I: BOX WITH APPROXIMATELY 17 PLASTIC BAGS OF
CONCRETE PICKED UP FROM DRIVEWAY AREA AT 523 COVENA.

EXHIBIT D8I-12: PLASTIC BAG CONTAINING CEMENT SAMPLE WAS SHOWN
TO THE JURY AND ADMITTED INTO EVIDENCE.

JURORS ADMONISHED.

12:02 P.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:32 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

1:32 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

1:34 P.M.: STEVE GEBLER, PREVIOUSLY SWORN, RESUMED THE WITNESS
STAND UNDER FURTHER DIRECT EXAMINATION BY MARK GERAGOS.

1:47 P.M.: CROSS EXAMINATION BY DAVID HARRIS.

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

EXHIBIT 297: PHOTO CEMENT ON SIDE OF DRIVEWAY

2:33 P.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

2:41 P.M.: RECROSS EXAMINATION BY DAVID HARRIS.

2:55 P.M. : COURT RECESSED UNTIL 3:15 P.M. .

JURORS ADMONISHED.

3:19 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

3:19 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:19 P.M.: JAMES CAVALLERO, CALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

3:26 P.M.: RECROSS EXAMINATION BY RICK DISTASO.

3:28 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:29 P.M.:MARTIN LAFFER, CPA, CALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY MARK GERAGOS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF
ACCOUNTING, ACCOUNTING LITIGATION, AND FRAUD

4:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/19/2004 AT 10:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:00 P.M. : COURT ADJOURNED TO RECONVENE ON 10/19/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/18/2004 .