Scheduling & Stipulations

Penalty Phase

December 9, 2004

Judge Delucchi: Now, we have agreed that the Report and Sentence date in this case, if necessary, will be on February the 25th, because, as I indicated, San Mateo Probation Department needs a minimum of six weeks. Because of the totality of the circumstances of this case, it may take a little longer. And, further, we have agreed that if Mr. Geragos is going to file any motions, those motions will be filed by February the 4th. And the District Attorney will respond and file his response to any of Mr. Geragos' motions by February the 18th, so that will give me an opportunity to review them for the 25th, which would be the sentencing date. Okay? In agreement with that?

David Harris: Yes.

Mark Geragos: Yes.

Judge Delucchi: Okay. I think that's all we have to cover now for the time being. All right, see what happens. All right let the record show the defendant is present with counsel. These proceedings are taking place out of the presence of the jury. May we have a stipulation that the jury can be excused by the bailiff, Jenne, with the following admonition at each time they are excused: You are not to discuss this case among yourselves or with any other person, or form or express any opinion about this case. You must not deliberate further upon this case until all 12 of you are together and reassembled in the injure room. You are not to listen to, read, or watch any media reports of this trial, nor discuss with any representatives of the media or their agents. May we have a stipulation Jenne can excuse the jurors from the jury room before they are transported to the hotel with that admonition?

David Harris: Yes, the people stipulate.

Judge Delucchi: So stipulate.

Mark Geragos: Okay. May we have the further stipulation that if the jury requests any exhibits, that the exhibits can be sent to the jury without requiring counsel and the defendant to be present?

David Harris: That's fine.

Mark Geragos: As long as we are notified in advance.

Judge Delucchi: As long as we know where you are.

Mark Geragos: That's fine.

Judge Delucchi: Okay.