Court Minutes:  October 20, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:11/11/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 11:10 am

Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:10/20/2004 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 111 .

LARON JOHNSON PRESENT AS COURT REPORTER.

9:05-10:15 A.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.

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

10:25-10:45 A.M.: REPORTED EX PARTE MEETING HELD IN CHAMBERS
WITH THE COURT, MARK GERAGOS, PAT HARRIS, DEFENDANT, MICHAEL
CARDOZA, AND LARON JOHNSON, COURT REPORTER.

THE COURT ORDERS REPORTED EX PARTE MEETING SEALED AND TO BE
OPENED UPON ORDER OF THE COURT ONLY.

10:45 A.M. : COURT RECESSED .

10:55-11:00 A.M.: UNREPORTED CONFERENCE HELD WITH COUNSEL,
DEFENDANT NOT PRESENT, REGARDING SCHEDULING.

11:00 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

11:07 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT IMPOSED A GAG ORDER ON MR. CARDOZA WHICH WILL BE IN
FULL FORCE AND EFFECT AS IF HE WAS ONE OF THE COUNSEL AND IT
WILL BE AT THE SAME TIME AND THE SAME KIND OF GAG ORDER THAT
APPLIES TO MR. GERAGOS AND ANY OTHER PARTY.

11:08 A.M.: JURY PRESENT.

11:12 A.M.: OFFICER PHILLIPS, PREVIOUSLY SWORN, TESTIFIES
FURTHER UNDER DIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8M-2: PIECE OF FABRIC FOUND 6-7 FEET CLOSE TO THE
BODY.

EXHIBIT D8M-3: PIECE OF FABRIC FOUND 6-7 FEET CLOSE TO THE
BODY.

EXHIBIT D8M-4: PIECE OF FABRIC FOUND IN RIPRAP.

EXHIBIT D8M-5: PIECE OF FABRIC FOUND IN RIPRAP.

EXHIBIT D8M-6: WALKWAY - MARSH AREA

EXHIBIT D8M-7: AREA NORTH ALONG SHORELINE

EXHIBIT D8M-8: FABRIC

EXHIBIT D8M-9: FABRIC

EXHIBIT D8M-10: FABRIC (WHITE UNDERWARE)

EXHIBIT D8M-11: FABRIC (WHITE UNDERWARE)

EXHIBIT D8M-12: TARGET PLASTIC BAG/DUCT TAPE

EXHIBIT D8M-13: TARGET PLASTIC BAG

EXHIBIT D8M-14: TARGET PLASTIC BAG

EXHIBIT D8M-15: TARGET PLASTIC BAG

EXHIBIT D8M-16: TARGET PLASTIC BAG

EXHIBIT D8M-17: TARGET PLASTIC BAG.

EXHIBIT D8M-18: DIAGRAM WHERE TARGET BAG FOUND

11:40 A.M.: CROSS EXAMINATION BY DAVID HARRIS.

JURORS ADMONISHED.

11:57 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30-1:35 P.M.: UNREPORTED CONFERENCE HELD WITH THE COURT AND
COUNSEL.

1:35 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

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

DEFENDANT PRESENT IN CUSTODY.

1:35 P.M.: OFF. PHILLIPS, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER CROSS EXAMINATION BY DAVID HARRIS.

1:40 P.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

1:56 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

1:57 P.M.: OFF. RON SEITZ, CALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

JURORS ADMONISHED.

2:31 P.M. : COURT RECESSED UNTIL 2:50 P.M. .

2:58 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

2:58 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:58 P.M.: OFF. RON SEITZ, RESUMED THE WITNESS STAND UNDER
FURTHER DIRECT EXAMINATION BY MARK GERAGOS.

3:00 P.M.: CROSS EXAMINATION BY DAVID HARRIS.

3:40 P.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

3:41 P.M.: RECROSS EXAMINATION BY DAVID HARRIS.

3:42 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

3:43 P.M.: INV. KEVIN BERTALOTTO, RECALLED BY THE DEFENDANT,
IS SWORN AND TESTIFIED UNDER DIRECT EXAMINATION BY MARK
GERAGOS.

3:52 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/21/2004 AT 10:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:52 P.M. : COURT ADJOURNED TO RECONVENE ON 10/21/2004 AT 8:30
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/20/2004 .