Court Minutes:  December 8, 2004

Court Minutes

J2411H1Superior Court - Hall of Justice & RecordsPrint
Date:12/16/2004
San Mateo CJISIn and For the County of San MateoPrint Time: 02:05 pm

Organization: SC
CASE NAME PEOPLE V. PETERSON, SCOTT LEE
Case No.: SC 055500 A Date:12/08/2004 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.FLADAGER/D. HARRIS
Proceedings:TRIAL PENALTY PHASE

Charges:PC187 (A)
PC12022.9 (A)
PC190.2 (A) (3)
PC187 (A)
PC190.2 (A) (3)

MinutesTRIAL DAY 134 .

LARON JOHNSON PRESENT AS COURT REPORTER.

RICK DISTASO, DDA PRESENT.

9:22 A.M. : COURT CONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

THE COURT STATED THAT THERE WILL BE FIVE WITNESSES TESTIFYING
TODAY AND POSSIBLY ONE WITNESS TOMORROW MORNING.

THE JURORS WERE INFORMED THEY ARE TO REPORT TO THE HOTEL
TOMORROW MORNING AT 7:00 A.M. IN CASE THEY NEED TO BE
SEQUESTERED. THE COURT WILL ALSO INSTRUCT THE JURY AFTER THE
CLOSING ARGUMENTS, NO MATTER WHAT TIME THE ARGUMENTS CONCLUDE.

9:25 A.M.: THOMAS BEARDSLEY, CALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY PAT HARRIS.

NO CROSS EXAMINATION.

9:40 A.M. : WITNESS EXCUSED.

9:41 A.M.: SHELLY REIMAN, CALLED BY THE DEFENDANT, IS SWORN
AND TESTIFIES UNDER DIRECT EXAMINATION BY PAT HARRIS.

9:50 A.M.: CROSS EXAMINATION BY DAVID HARRIS.

9:50 A.M. : WITNESS EXCUSED.

9:51 A.M.: ED CAUDILLO, CALLED BY THE DEFENDANT, IS SWORN AND
TESTIFIED UNDER DIRECT EXAMINATION BY PAT HARRIS.

NO CROSS EXAMINATION.

10:02 A.M. : WITNESS EXCUSED.

10:03 A.M.: BRITTNEY 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 DP-1: SCOTT AND BRITTNEY

NO CROSS EXAMINATION.

10:07 A.M. : WITNESS EXCUSED.

JURORS ADMONISHED.

10:07 A.M. : COURT RECESSED UNTIL 10:30 A.M. .

10:35 A.M. : VALERIE CATHEY REPLACES LARON JOHNSON AS COURT
REPORTER.

10:35 A.M. : COURT RECONVENED . COUNSEL PRESENT. JURY PRESENT.

DEFENDANT PRESENT IN CUSTODY.

10:35 A.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 (PHOTOS) .

EXHIBIT D9Q-1: SCOTT UNDER TWO YEARS OLD

EXHIBIT D9Q-2: SCOTT IN GARDEN

EXHIBIT D9Q-3: SCOTT IN TOW TRUCK TOY

EXHIBIT D9Q-4: SCOTT AT BEACH

EXHIBIT D9Q-5: SCOTT WATERING FLOWERS

EXHIBIT D9Q-6: SCOTT AS CROSSING GUARD

EXHIBIT D9Q-8: FAMILY DINNER WITH GRANDPA PETERSON 1974

EXHIBIT D9Q-9: SCOTT WITH BLACK LABRADOR

EXHIBIT D9Q-10: FAMILY PHOTO

EXHIBIT D9Q-11: SCOTT RAISING FLAG AT ELEMENTARY SCHOOL

EXHIBIT D9Q-12: FAMILY PHOTO

EXHIBIT D9Q-13: SCOTT, LEE, AND JACKIE

EXHIBIT D9Q-15: SCOTT WITH NIECES/NEPHEWS AT DINNER

EXHIBIT D9Q-18: SCOTT, JACKIE & LEE (18TH BIRTHDAY)

EXHIBIT D9Q-20: SCOTT, ANN & JACKIE

NO CROSS EXAMINATION.

11:19 A.M. : WITNESS EXCUSED.

11:20 A.M. : JURORS ADMONISHED AND ORDERED TO RETURN ON
12/09/2004 AT 9:00 A.M. .

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

EXHIBIT D9R: TIME LINE DIAGRAM

THE FOLLOWING CALJIC INSTRUCTIONS WILL NOT BE GIVEN TO THE
JURY 2.21.1, 2.21.2, AND 2.13.

THE FOLLOWING CALJIC INSTRUCTIONS WILL BE GIVEN TO THE JURY:
8.84 (MODIFIED) 8.84.1, 1.01, 2.11, 2.60, NOTE TAKING, 2.20
(MODIFIED), 1.02, 1.03, 2.27, 2.81, 8.85, LINGERING DOUBT,
OCHOA INSTRUCTION, 17.40, 17.41, 17.45, 17.47, 17.53, 17.30,
17.43, USE OF MULTIPLE VERDICT FORMS, AND 8.88 CONCLUDING
INSTRUCTION.

DEFENDANT REMAINS IN CUSTODY.

MATTER CONTINUED TO 12/09/2004 AT 9:00 A.M. IN SCRWC COURT, D-
42 FOR TRIAL - PENALTY PHASE .

ENTERED ON CJIS BY MARYLIN MORTON DATE 12/08/2004 .