Court Minutes:  October 25, 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:10/25/2004 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 113 .

LARON JOHNSON PRESENT AS COURT REPORTER.

UNREPORTED: COURT EXHIBIT 26 - ENVELOPE WITH LETTER FROM
JUROR.

THE COURT ORDERS COURT EXHIBIT 26 SEALED AND TO BE OPENED UPON
ORDER OF THE COURT ONLY.

9:00-10:37 A.M.: REPORTED CONFERENCE 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.

10:48 A.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

10:48 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED COUNSEL NEED TO BE PREPARED TO CERTIFY PGS.
19155-19860 ON NOVEMBER 1, 2004.

10:52 A.M.: JURY PRESENT

10:53 A.M.: DET. CRAIG GROGAN, RECALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8T: PHOTO KITCHEN ON 12/24/02

EXHIBIT D8U-1: PHOTO NURSERY

EXHIBIT D8U-2: PHOTO OF PHOTOGRAPHS, ALBUMS

EXHIBIT D8U-3: PHOTO RECIPE CREME BRULEE FRENCH TOAST

EXHIBIT D8U-4: TABLE WITH TWO MATERNITY BOOKS.

EXHIBIT D8U-5: PHOTO OF SCOTT AND LACI

EXHIBIT D8U-6: PHOTO KITCHEN FEB. 2003

EXHIBIT D8U-7: PHOTO KITCHEN CUPBOARD WITH CUPS, SAUCERS, ETC.

EXHIBIT D8U-8: PHOTO KITCHEN CUPBOARD WITH GLASSES, DISHES,
ETC.

EXHIBIT D8U-9: PHOTO INSIDE OF DISHWASHER

EXHIBIT D8U-10: PHOTO RECIPE EGGS BENEDICT

EXHIBIT D8U-11: CLOSEUP OF FRENCH TOAST RECIPE

EXHIBIT D8U-12: PHOTO SECOND BEDROOM, COUCH, ETC.

EXHIBIT D8V-1: TRAILER W/PLACARDS 36 AND 35 (WAREHOUSE)

EXHIBIT D8V-2: PHOTO WAREHOUSE W/PLACARDS 30, 28, 29, PITCHER
AND SLEDGE HAMMER.

EXHIBIT D8W: PHOTO CAMOUFLAGE JACKET, PLACARD 79

11:19 A.M.: CROSS EXAMINATION BY BIRGET FLADAGER.

11:29 A.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

11:35 A.M.: RECROSS EXAMINATION BY BIRGET FLADAGER.

11:37 A.M.: FURTHER REDIRECT BY MARK GERAGOS.

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

11:39 A.M.: DET. BUEHLER, RECALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

11:46 A.M.: CROSS EXAMINATION BY DAVID HARRIS.

11:47 A.M. : WITNESS EXCUSED SUBJECT TO RECALL.

COUNSEL STIPULATE DET. JACOBSON WOULD HAVE TESTIFIED TO THE
SECOND RECORDED WIRETAPE BETWEEN SCOTT AND HIS BROTHER JOE ON
4-18-03 AT 7:08 A.M. THERE IS NO DISPUTE AND NO ISSUE AS TO
FOUNDATION WITH THIS RECORDING.

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

EXHIBIT D8X: WIRETAP BETWEEN SCOTT AND HIS BROTHER JOE ON
4-18-03 AT 7:08 A.M.

UNREPORTED 11:53-11:55 EXHIBIT D8X PLAYED FOR THE JURY.

JURORS ADMONISHED.

11:55 A.M. : COURT RECESSED UNTIL 1:30 P.M. .

1:30-1:55 P.M.: REPORTED CONFERENCE HELD IN CHAMBERS WITH THE
COURT, COUNSEL, DEFENDANT, AND LARON JOHNSON, COURT REPORTER.
CLERK MARYLIN MORTON PRESENT FOR PORTIONS OF THE CONFERENCE.

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

1:57 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:00 P.M.: JACQUELINE PETERSON, CALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D8Y: 5 PAGE DOCUMENT, BANK OF AMERICA WITHDRAWAL SLIP,
STATEMENT, WASHINGTON MUTUAL STATEMENT AND BANK INFORMATION
CARD.

EXHIBIT D8Z: PHOTO OF SCOTT AT BAPTISM

EXHIBIT D9A: W-2 WAGE AND TAX STATEMENT FOR SCOTT PETERSON.

2:20 P.M.: CROSS EXAMINATION BY RICK DISTASO

2:28 P.M.: REDIRECT EXAMINATION BY MARK GERAGOS.

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

2:32 P.M.: LEE PETERSON, RECALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

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

EXHIBIT D9B-1: PHOTO RENTAL BOAT WITH CEMENT ANCHOR

EXHIBIT D9B-2: PHOTO BOATS AND WALK WAY

EXHIBIT D9B-3: PHOTO BOAT WITH ANCHOR

EXHIBIT D9B-4: PHOTO BOAT WITH ANCHOR

EXHIBIT D9B-5: PHOTO BOAT WITH ANCHOR

EXHIBIT D9C: LEE PETERSON RESIDENCY CARD FOR TORRE PINES GOLF
COURSE

2:44 P.M.: CROSS EXAMINATION BY RICK DISTASO.

2:53 P.M. : WITNESS EXCUSED SUBJECT TO RECALL.

JURORS ADMONISHED.

2:53 P.M. : COURT RECESSED UNTIL 3:15 P.M. .

3:20 P.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

3:20 P.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

2:25 P.M.: OFF. MICHAEL HICKS, CALLED BY THE DEFENDANT, IS
SWORN AND TESTIFIES UNDER DIRECT EXAMINATION BY MARK GERAGOS.

3:35 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
10/26/2004 AT 9:30 A.M. .

DEFENDANT REMAINS IN CUSTODY.

3:35 P.M. : COURT ADJOURNED TO RECONVENE ON 10/26/2004 AT 9:00
A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/25/2004 .