|
Continuance and Stipulation
Guilt Phase August 5, 2004
JUDGE: All right. This is People vs. Scott Peterson. Let the record show the defendant is present with counsel. These proceedings are taking place out of the presence of the jury. Now, Mr. Geragos, you requested a continuance until Tuesday, and I think you should put some of the reasons on the record so that it's clear. GERAGOS: I will, your Honor. As the court is aware, there's been information, potentially exculpatory information, that's been provided within the last 48 hours. Based upon that information, there's scientific testing that needs to be done. And there's also consultation with my experts that needs to be done. And am not prepared at this point to go forward with any other fact witness, at least until the preliminary testing results come back, and I've asked the court to recess until Tuesday. I've indicated to the court that I would go forward with other specific witnesses, and I've also indicated that I would enter into a stipulation as to an FBI agent who is here today. JUDGE: And with -- with Detective Wall, we have to order him back on another date. So to finish his cross-examination. And then there's going to be a stipulation as to the testimony of Terry Scott. We can do that in the jury's presence. I will also explain to the jury that there's been this recently discovered evidence and this evidence has to be pursued before we can proceed any further. GERAGOS: That's correct. JUDGE: And I'll go ahead and I will continue the matter then until -- until next Tuesday, and then you can proceed with the scheduled witnesses for next week. GERAGOS: Yeah. For the scheduled next week on Tuesday, I don't have any problem. As I indicated to the court, however, I need to do -- do due diligence on the information that's just been provided. JUDGE: Yeah, I think -- I think it's imperative that you do that. I think you have to do it. There's no issue about that. Okay. Then I will -- I will bring the jury in and give them that explanation so they know what's going on. All right. Then let's bring in the jury and I'll explain to them what's going on. And you will see to it that Terry Scott will come back on a date and time requested by the court, you'll use your good influence and your good offices to get him in on a date you need him in? D. HARRIS: Yes, I've discussed that with him and he's agreeable. JUDGE: He's agreeable? D. HARRIS: Yes, to do whatever the court wishes. JUDGE: All right. D. HARRIS: Your Honor, we had also marked the photographs, and we can deal with that. JUDGE: Okay. We'll mark them when the jury is here, so they know where they came from, and we'll deal with that then. (Jury returns to the courtroom) JUDGE: All right. Let the record show the defendant is present with counsel, and the jury is in the jury box, along with the alternates. Ladies and gentlemen of the jury, there's been a recent development in this case that was unavoidable. There's been some newly discovered evidence which requires some investigation by both sides. And because of that we've come to sort of an impasse. We can't go any further until this issue is resolved, okay? So what we're going to do this morning is we're going to take a stipulation from the next witness who was called to testify. That would be Mr. Terry Scott. We're going to put that stipulation on the record, so that would avoid the necessity of having Mr. Scott come in and testify. I had to order Detective Wall to come back Tuesday, which is August the 17th. DISTASO: I'm sorry, your Honor, it was August 23rd. JUDGE: I beg your pardon. It was the 23rd? GERAGOS: That's correct. JUDGE: Yeah, I have it here. I had the 17th first. You're right. August the 23rd. Next week, though, we'll be able to proceed with the witnesses that are scheduled for next week because it has no relation to this newly discovered evidence. Stuff like this happens in a case like this, and I have no control over that. I had a dream last night that there was a jury rebellion, and I hope that happen doesn't happen. I actually had that dream last night. So I just -- I hope this doesn't come to pass. Maybe this was a precognition, or something. But in any event, to tell you what's going to happen, we're going to -- after we finish with this next juror (sic), Terry Scott, we're going to recess the case until Tuesday morning, okay? And that should give everybody enough time to follow-up on this new information, and then we'll know what's going to happen, at least I'll know what's going to happen on Tuesday, okay? So we'll finish up, and then Tuesday -- we have a full plate for the rest of the week, so you don't have to worry about next week. We'll fill that week up, and that will go over until the following week, but this -- this newly acquired information has -- this is sort of up in limbo now and it has to be resolved before we can proceed, so I hope you're patient with us and let us take care of that matter. So, now, we have a stipulation with respect to Terry Scott? D. HARRIS: Yes. JUDGE: Okay. You want to stand up and state for the record what the stipulation will be with respect to Terry Scott. D. HARRIS: Yes, your Honor. The stipulation is that Agent Terry Scott, an agent of the FBI, would testify substantially as follows. JUDGE: If he were called to testify, he would testify as follows. D. HARRIS: Yes. That he, as part of the scope and course of his duties, he pick up a package, actually two packages that were transport envelopes from Bill Hudlow of the California Department of Justice. We've had photographs of these marked. One of the photographs depicts the transport envelope, and that photograph is item 190 dash C, and that photograph is the envelope of item 144 A. The second envelope -- JUDGE: So the jury knows, this has to do with the hair, okay? Go ahead. D. HARRIS: The second envelope that he picked up from Bill Hudlow of the Department of Justice was a transport envelope, and that's depicted in photograph 190 D. And that particular envelope contained items 26 A 2, DNA 4 A, SR 218 A, 425 dash 1 through 425 dash 7. That Agent Scott took those two transport envelopes and placed them into one larger bag. That particular bag is depicted in photographs -- the front is 190 A photograph. JUDGE: All right. D. HARRIS: The back side which would bear -- he would say bears his initials, is 190 B. He transported those particular items in his custody to the laboratory, FBI laboratory, where he turned them over to Jaimie Nevus, the evidence control technician, and Dr. Constance Fisher, who is the ultimate person who did the testing. At some later point in time these -- the large package that was depicted in 190 A and B he retrieved, and in the condition that it was in at that point in time it was returned to Detective Grogan of the Modesto Police Department. And that package was photographed at that point in time. The front of the package, the transport envelope, is depicted in photograph 190 F. And the back bearing his signature, or his initials, is 190 E. JUDGE: Okay. I have A, B, E and F. What about C and D? D. HARRIS: C and D were the smaller envelopes that contained -- that he originally received from Bill Hudlow that he placed into the larger ones. JUDGE: Okay. D. HARRIS: C was item 144 A. 190 D was the one with the list of all the other DNA items. JUDGE: All right. Mr. Geragos, are you prepared to accept that as a stipulation that that would indeed be his testimony? GERAGOS: Yes. I'm stipulating on condition that he obeys the order to come back during the defense case. JUDGE: Correct. Correct. And I've been assured by the prosecution that the witness will indeed return on the date and time ordered. GERAGOS: Right. As long as he comes back -- JUDGE: Okay. GERAGOS: -- when we want him, I'll -- JUDGE: This is a conditional stipulation. GERAGOS: Exactly. It's a conditional stipulation. JUDGE: All right. GERAGOS: As long as he shows up again. JUDGE: All right. Ladies and gentlemen of the jury, then, both sides -- this has to do -- so you know what we're talking about, this has to do with the chain of evidence with respect to the hair samples, remember, that you saw? This is the chain of evidence as to how they went to the lab and how they came back. So there's no dispute there was no break in the chain of evidence, all right? And we'll admit these photographs and -- as part of the record then, 190 A through F may be admitted into evidence and take the same numbers. Okay. All right. Then that's going to be it for today. Now, let me -- let me admonish you again. You're not to discuss this case among yourselves, or with any other person, or form or express any opinion about this case. You're not to listen to, read, or watch any media reports of this trial, nor discuss it with any representatives of the media or their agents. So you folks have a nice weekend. Don't be here Monday, but Tuesday we will have a full plate for you, Tuesday, Wednesday, Thursday, and the following week is pretty much taken up, okay? So take good care of yourselves, and we'll see you on Tuesday, okay? (weekend recess) |