Stipulations

Guilt Phase

September 14, 2004

JUDGE: All right. This is the case of People vs. Scott Peterson. And let the record show the defendant's present with counsel, and the jury is in the jury box, along with the alternates. And Ms. Kyo has resumed the stand. Ladies and gentlemen of the jury, before we begin this morning, the attorneys have reached a stipulation with respect to certain items of evidence. My understanding is that D 6 A and D 6 B, one is the receipt from Bakersfield, Sears, and another one is the Kmart receipt. There are going to be some stipulations. And can you put the stipulation on the record, please.

GERAGOS: Sure. I'm just putting them up on the board so we can see, hopefully. These are the two records we talked about yesterday, Sears and Kmart, and there's a stipulation between the prosecution and the defense that these two receipts were seized pursuant to the search warrant on February 18th out of the house at 523 Covena.

DISTASO: That's right.

JUDGE: All right. So that is not in dispute. And so we'll admit D 6 A and D 6 B into evidence at this time.

GERAGOS: There is also, I believe, we were going to stipulate there are two binders of phone records that Mr. Distaso –

JUDGE: Okay.

GERAGOS: -- is offering, I believe. And I was going to stipulate that the custodian of records, if called, would testify that the records were business records and produced pursuant to a subpoena in lawful process.

JUDGE: All right.

DISTASO: And those are the records from Amber Frey and her father, from Sprint.

JUDGE: From Sprint?

DISTASO: Uh-huh.

JUDGE: All right. We'll mark those 249 A and B. And these are the Sprint phone records between Amber Frey and her father?

DISTASO: One is Amber Frey's phone records, one is her father's phone records.

JUDGE: Okay. Which one is Amber Frey's?

DISTASO: The clerk will have to help me out there. It says on the front.

JUDGE: What's the number, Marilyn? A or B?

DISTASO: Do you need me to take a look at it?

CLERK: Oh, Amber Frey is (559) 681-4144.

JUDGE: Okay, but is it A or B?

CLERK: Mark as 21.

DISTASO: That's fine.

JUDGE: A is Amber Frey.

DISTASO: And B will be her father's business phone records.

JUDGE: What's his first name?

DISTASO: Ron Frey.

JUDGE: Ron Frey. Okay. This is a stipulation.