Court Minutes:  October 21, 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:10/21/2004 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 112 .

LARON JOHNSON PRESENT AS COURT REPORTER.

8:45-9:15 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.

10:02-10:10 A.M.: SECOND REPORTED IN CHAMBERS CONFERENCE HELD
WITH THE COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT
REPORTER.

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

10:16-10:30 A.M.: EX PARTE CONFERENCE HELD WITH THE COURT,
MARK GERAGOS, PAT HARRIS, CARL JENSEN, DEFENDANT, AND LARON
JOHNSON, COURT REPORTER.

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

10:40 A.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

10:40 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT INFORMED THE JURORS THAT COURT WILL NOT BE IN
SESSION FRIDAY, OCTOBER 22, BUT WILL RESUME ON MONDAY, OCT.
25. AND, FURTHER STATED THAT THE TRIAL WAS STILL ON SCHEDULE
AND WILL CONCLUDE NEXT WEEK.

THE COURT CLARIFIED TO THE JURY THAT THE REPORTS INV.
BERTALOTTO IS TESTIFYING TO ARE NOT OFFERED FOR THE TRUTH, BUT
OFFERED FOR WHAT HE WAS TOLD AND WHAT HE DID ABOUT IT.

THE COURT INSTRUCTED THE JURORS ON INCONSISTENT/CONSISTENT
STATEMENTS MADE BY WITNESSES.

10:57 A.M.: CROSS EXAMINATION BY RICK DISTASO.

11:08 A.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

11:11 A.M.: INV. BERTALOTTO, TESTIFIED FURTHER UNDER REBUTTAL
BY RICK DISTASO.

11:13 A.M.: CROSS EXAMINATION BY MARK GERAGOS.

11:14 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:15 A.M.: HON. RICARADO CORDOVA, CALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

11:23 A.M.: CROSS EXAMINATION BY BIRGET FLADAGER.

11:27 A.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

11:28 A.M.: RECROSS EXAMINATION BY BIRGIT FLADAGER

11:29 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

11:29 A.M.: CHARLES MICHAEL MARCH, MD/OB-GYN, CALLED BY THE
DEFENDANT, IS SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY
MARK GERAGOS.

THE COURT FINDS THE WITNESS TO BE AN EXPERT IN THE AREA OF
OB-GYN/INFERTILITY REPRODUCTION/ENDROCRINOLOGY

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

JURORS ADMONISHED.

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

1:45 P.M. : LARON JOHNSON REPLACES LINDA SWANNER AS COURT
REPORTER.

1:30-1:45 P.M.: UNREPORTED CONFERENCE HELD IN CHAMBERS WITH
THE COURT AND COUNSEL. DEFENDANT NOT PRESENT.

1:54 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED A RECESS WOULD BE TAKEN AT 2:30 P.M. TO TAKE
CARE OF AN ISSUE AND FURTHER EXAMINATION OF DR. MARCH WOULD
CONTINUE AFTER THE RECESS.

1:54 P.M.: DR. CHARLES MARCH, PREVIOUSLY SWORN, RESUMED THE
WITNESS STAND UNDER FURTHER DIRECT EXAMINATION BY MARK
GERAGOS.

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

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

JURORS ADMONISHED.

2:43 P.M. : COURT RECESSED UNTIL 3:00 P.M. .

3:02 P.M. : LINDA SWANNER REPLACES LARON JOHNSON AS COURT
REPORTER.

3:02 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

3:02 P.M.: DR. MARCH, PREVIOUSLY SWORN, RESUMED THE WITNESS
STAND UNDER FURTHER CROSS EXAMINATION BY DAVID HARRIS.

3:42 P.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

3:49 P.M.: RECROSS EXAMINATION BY DAVID HARRIS.

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

4:02 P.M.: FURTHER REDIRECT EXAMINATION BY MARK GERAGOS.

4:04 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

THE COURT INFORMED THE JURY THAT THEY WILL BE SEQUESTERED
DURING JURY DELIBERATIONS AND DEP. CARNAVALE WILL GIVE THE
JURORS MORE INFORMATION.

4:04 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/25/2004 AT 10:00 A.M. .

DEFENDANT REMAINS IN CUSTODY.

4:04 P.M. : COURT ADJOURNED TO RECONVENE ON 10/25/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/21/2004 .