Court Minutes:  October 27, 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:10/27/2004 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 115 .

LARON JOHNSON PRESENT AS COURT REPORTER.

12:30-12:56 P.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.

1:30 P.M. : COURT CONVENED . COUNSEL PRESENT. JURY NOT
PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT READ INTO THE RECORD THE STIPULATION BY COUNSEL TO
BE READ TO THE JURY.

THE FOLLOWING EXHIBITS WERE MARKED FOR IDENTIFICATION AND
ADMITTED INTO EVIDENCE ON BEHALF OF THE PEOPLE (BY
STIPULATION) :

EXHIBIT 298: 2 PAGE EMAIL FOUND DURING SEARCH WARRANT ON
2/18/03 AT 523 COVENA.

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

EXHIBIT D9D: 3 PAGE YAHOO SEARCH RESULTS OF THE BAY RECOVERED
BY R. WALL ON 8/7/2003.

STIPULATION REGARDING VLADAMIR RODRIGUEZ IF HE WOULD TESTIFY
IS READ INTO THE RECORD BY JUDGE DELUCCHI.

THE COURT STATED A SUMMARY SHEET REGARDING SEQUESTRATION WILL
BE PROVIDED TO THE JURY.

1:40 P.M.: JURY PRESENT.

THE STIPULATION IF VLADIMIR RODRIGUEZ WERE CALLED TO TESTIFY
IS READ INTO THE RECORD AS FOLLOWS:

THAT HE WAS SHOWN PHOTOGRAPHS THAT HAD BEEN DOWNLOADED FROM
THE INTERNET SHOWING A BAG OF CONCRETE IN THE PETERSON
DRIVEWAY. RODRIGUEZ WOULD TESTIFY THERE WERE SEVERAL BAGS OF
CONCRETE PURCHASED AND PLACED IN THE DRIVEWAY. HE WOULD
TESTIFY THAT THEY WERE GOING TO USE THE CONCRETE TO REPLACE
THE FENCE POST THAT SUPPORTS THE GATE BY THE DRIVEWAY THAT WAS
REMOVED IN ORDER TO ACCESS THE BACKYARD WITH A TRACTOR TO DIG
THE HOLE FOR HIS POOL.

RODRIGUEZ WOULD TESTIFY THAT WHEN THEY REMOVED THE FENCE POST
BY THE GATE THEY FOUND IT WAS NOT IN CONCRETE. RODRIGUEZ WOULD
FURTHER TESTIFY THAT THE CONTRACTOR DID NOT REPLACE THE FRONT
FENCE POST BY THE GATE IN CONCRETE SINCE THERE WAS NO CONCRETE
TO BEGIN WITH.

RODRIGUEZ IDENTIFIED THE BAG OF CONCRETE IN THE PHOTOGRAPH
THAT HAS BEEN LABELED 295 A-F AS BEING HIS. HE WOULD FURTHER
TESTIFY THAT HE DOES NOT KNOW WHAT HAPPENED TO IT AFTER IT WAS
NOT USED FOR THE FENCEPOST. MR. RODRIGUEZ SAID IT REMAINED IN
THE DRIVEWAY FOR SEVERAL WEEKS AND THEN HE ASSUMES THE
CONTRACTOR USED IT SOMEWHERE ELSE.

THE COURT INFORMED THE JURORS THEY WILL BE PROVIDED A SUMMARY
SHEET REGARDING THEIR SEQUESTRATION.

THE JURY TO WRITE QUESTIONS THEY HAVE ON BEING SEQUESTERED.

THE COURT AND COUNSEL TO REVIEW EXHIBITS ON THURSDAY AND JURY
INSTRUCTIONS ON FRIDAY.

2:00 P.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
11/01/2004 AT 9:30 A.M. .

DEFENDANT REMAINS IN CUSTODY.

2:00 P.M. : COURT ADJOURNED TO RECONVENE ON 10/28/2004 AT
10:30 A.M. IN SCRWC, D- 42 FOR FURTHER JURY TRIAL.

ENTERED ON CJIS BY MARYLIN MORTON DATE 10/27/2004 .