5.Panel 2 Voir Dire — Accommodations, Publicity, and Individual Inquiries
536 lines(In open court.)
THE COURT: Jurors No. 28 and 40. You both advised the Court that you are suffering from diabetes and/or are diabetic. If the Court was in a position to make sure that you had snacks and had regular breaks, Juror No. 28, would you still be able to participate?
JUROR: Only because I use the insulin pump, I need to have my devices on all the time. And if my sugar goes up, that's going to be beeping and noisy.
THE COURT: Okay. And if that happened and we were able to take a break and you were able to get that insulin level under control --
JUROR: I can try, yeah.
THE COURT: Okay. All right. Let me ask you a question about "could try." Let me tell you -- what if I told you that you won a ticket to go anywhere in the world, where would you go?
JUROR: Anyplace.
THE COURT: Pick a place. There's no wrong answers.
JUROR: Europe.
THE COURT: Okay. So, a limo is going to come here in front of the Orange County Courthouse, pick you up and take you right to the Orlando International Airport. Walk you right to the plane, and it's just you, nobody else. You, staff, and the captain. You meet the captain on the gangway, shake his hand you go, Hey, are we going to get to Europe safely? He goes, We could. Are you getting on that plane?
JUROR: No.
THE COURT: Okay. So when you say "could," it's a little squishy, you know what I mean?
JUROR: It's just because, if my sugar drops too much, that can take me more than 15, half an hour to get it under control again. If that gets high, that can take me some time to get it under control again.
THE COURT: Okay. All right. All right. Thank you, ma'am.
And juror in Seat 40, same question: If we were able to provide you those breaks and those snacks, would that help with that issue?
JUROR: No. I have autoimmune disease.
THE COURT: All right. Thank you.
Lastly -- oh, juror in Seat 15, yes, sir?
JUROR: I am diabetic too and I have low sugar.
THE COURT: Same question, sir: If we took those regular breaks and you had access to snacks, would you still be able to serve?
JUROR: Probably.
THE COURT: Say again, sir?
JUROR: Probably.
THE COURT: All right. Thank you.
The last is the all-encompassing other category. If there is anything that you would like to bring to my attention about your concerns over the schedule or ability to serve over the next couple of weeks, I know it's a big ask, I know it's a big sacrifice, now is the time to go ahead and bring those to my attention. Now, if it's something we haven't already addressed, go ahead and raise those paddles.
Juror in Seat 28, yes?
JUROR: My boyfriend is a former law enforcement officer. My dad too.
THE COURT: Okay. I think I saw that on your form and I had a note. We might get to that a little bit later, okay? Thank you very much.
48?
JUROR: I don't have reliable transportation to get here all the time, really. We share one car in my family and there's three people.
THE COURT: Okay. Thank you for letting me know that.
37, yes, ma'am?
JUROR: I'm also on pretrial diversion.
THE COURT: Okay. Thank you.
49?
JUROR: I am a supply consultant leading a large transformation with dozens of clients on my team, so I need to make sure that I get coverage if I'm going to be out for that amount of time.
THE COURT: Is that something you might be able to do because we're going to be taking a break?
JUROR: Absolutely. I need to make a call to them.
THE COURT: Okay. So I'm going to make a note to follow up with you regarding coverage for work, okay? Thank you, sir.
22, 23, and 24.
Juror in Seat 23 -- 22, I'm sorry, yes, ma'am?
JUROR: I do know someone who works in the courthouse, but in Tampa. I don't know if this has any, like --
THE COURT: Totally different spot. Thank you.
23?
JUROR: I would just need to call and make sure I can get coverage for three weeks.
THE COURT: Okay.
JUROR: For my job.
THE COURT: Okay. Awesome. If you could make that.
JUROR: Yeah, I'll call my boss and ask him if somebody else can cover while I'm out.
THE COURT: Okay. We're going to be taking a break in the next couple of moments. If you would be so kind to do that, I would appreciate it.
JUROR: Okay.
THE COURT: I'll make a note to follow up with you on that.
Juror in Seat 24?
JUROR: I don't recall if I mentioned that this trip that I am taking is my primary source of business. So not only if I can't go with the money I spent on the trip, also there is the loss of the business that I would get from that.
THE COURT: Understood. Thank you, ma'am.
Juror in Seat 50?
JUROR: Same as 48, no reliable transportation.
THE COURT: Thank you for letting me know.
Anyone else, other concerns or conflicts that we haven't addressed yet over here to my right?
35, yes, ma'am?
JUROR: We have a close family member in hospice and was told on Sunday it could be any day now. So when he passes, we have to go to West Virginia.
THE COURT: Okay. Thank you, ma'am.
Anyone else, other conflicts, to my right? Court sees no paddles.
Moving to my left, Juror No. 1, yes, sir?
JUROR: Yes. I work at the airport and my schedule is 5:00 to 1:00 in the morning, so 1:00, 1:30 in the morning. It's a little bit hard to come here every morning. I have to reschedule every time I'm going to be here.
THE COURT: Okay. Thank you, sir, for letting me know that.
Anyone else? Juror in Seat 20, yes, ma'am?
JUROR: Yes. I'm an Orange County public school teacher and I have a commitment with my students, and I think three weeks is a long time. I don't know if that's something that could be excusable.
THE COURT: Okay. All right. Thank you, ma'am. Is there anyone else, a substitute, who might be able to cover?
JUROR: Yes, they do.
THE COURT: Are you in a special needs class, an ASD class?
JUROR: Just regular.
THE COURT: Okay. And what grade?
JUROR: Eleventh and 12th, high school.
THE COURT: Juniors and seniors in high school?
JUROR: Yes.
JUROR: Yes. I have a friend who was just diagnosed with stage four breast cancer and has to start chemo as soon as possible, next week, and I volunteered to be that person who would take her back and forth.
THE COURT: Okay. Thank you very much.
Members of our panel, at this point in time, we're going to have our afternoon break. I'm going to give you a short instruction.
Don't talk about the case. There is still no case. We haven't heard anything yet. You don't even know why we're here. You can talk about anything you want to.
For my Florida Gator fans, I've got bad news for you. You lost Graham Mertz for the year. He tore his ACL. It could be worse. You could be a Florida State fan.
So you can talk about anything, the weather, anything else, just not about this case. And we'll bring you back in as promptly as possible. I thank you for your time and your service.
COURT STAFF: Leave your paddles on the seat, please. Leave your paddles.
JUROR: Can we use our phones outside?
THE COURT: Outside, yes, sir, just not in here.
(Venire Panel 2 exited.)
THE COURT: You-all can be seated.
Do you-all need a couple of moments to review your notes?
THE COURT: All right. Court's going to be ina brief recess. Review your notes and then we can address any cause challenges at that time.
We'll be off the record for a moment.
(Recess from 3:23 p.m. to 3:31 p.m.)
THE COURT: You-all can be seated. Thank you.
We're back on the record in 2020-CF-2603, State of Florida vs. Sarah Boone.
State?
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
MR. OWENS: James Owens for the defense.
MR. HENDERSON: Tony Henderson for Ms. Boone.
THE COURT: Let's go ahead and address any cause challenges at this time before proceeding on to the Information and any knowledge about the case.
State, we'll start with you.
MR. HENDERSON: I'm sorry?
MR. HENDERSON: No objection. Stipulate.
THE COURT: Juror in Seat 1, wearing Badge 566, will be stricken for cause by way of stipulation.
2?
THE COURT: Defense?
MR. HENDERSON: No motion at this time.
THE COURT: Okay. Moving to Seat 3?
MR. HENDERSON: Agree.
THE COURT: 4 was previously stricken by way of stipulation, juror in Seat 4, wearing Badge 638.
5?
THE COURT: Defense?
MR. HENDERSON: Stipulate.
THE COURT: All right. Juror in Seat 5, wearing Badge 871, is stricken for cause by way of stipulation.
6?
MR. HENDERSON: Stipulate.
THE COURT: Juror wearing Badge 718 in Seat 6 is stricken for cause by way of stipulation.
7?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 7, wearing Badge 815, is stricken for cause by way of stipulation.
8?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 8, wearing Badge 492, is the stricken for cause by way of stipulation.
9?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 9, wearing Badge 45, is stricken for cause by way of stipulation.
10?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 10, stricken for cause by way of stipulation, wearing Badge 634.
11?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 11, wearing Badge 5052, stricken for cause by way of stipulation.
Juror in Seat 12, wearing Badge 458, was previously stricken for cause by way of stipulation.
13?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 13, wearing Badge 328, is stricken for cause by way of stipulation.
14?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 14 will be stricken for cause by way of stipulation. She was wearing Badge 372.
15?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 15, wearing Badge 610, will be stricken for cause by way of stipulation.
16?
THE COURT: All right. Agreed?
MR. HENDERSON: Agree.
THE COURT: 17?
MR. HENDERSON: Agree.
THE COURT: 18?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 18, wearing Badge 478, will be stricken for cause by way of stipulation.
19?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 19, wearing Badge 494, will be stricken for cause by way of stipulation.
20?
MR. HENDERSON: Move for cause.
THE COURT: Any response?
THE COURT: State?
THE COURT: All right. Juror in Seat 20, wearing Badge 209, will be stricken for cause by way of stipulation.
21?
MR. OWENS: Stipulate.
THE COURT: Juror in Seat 21 will be stricken for cause by way of stipulation. She was wearing Badge 746.
22?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 22, wearing Badge 106, will be stricken for cause by way of stipulation.
23?
MR. HENDERSON: Agree.
THE COURT: Okay. 24?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 24, wearing Badge 4718, will be stricken for cause by way of stipulation.
25?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 25, wearing Badge 912, will be stricken for cause by way of stipulation.
26?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 26, wearing Badge 296, will be stricken for cause by way of stipulation.
27?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 27, wearing Badge 308, will be stricken for cause by way of stipulation.
28?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 28, wearing Badge 733, will be stricken for cause by way of stipulation.
29?
MR. HENDERSON: No notes.
THE COURT: All right. Moving to 30?
MR. HENDERSON: No notes.
THE COURT: 31?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 31, wearing Badge 190, be stricken for cause by way of stipulation.
32?
MR. HENDERSON: No notes.
THE COURT: 33?
MR. HENDERSON: Agree.
THE COURT: 34?
MR. HENDERSON: No motion.
THE COURT: 35?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 35 --
THE COURT: Wait, 35?
THE COURT: You're a little bit ahead of me, Mr. Jay.
35, wearing badge 663, is stricken for cause by way of stipulation.
As to 36, yes, I agree. She said she was going to follow up.
37?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 37, wearing Badge 622, will be stricken for cause by way of stipulation.
Juror in Seat 38, wearing Badge 530, was previously struck for cause by stipulation.
39?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 39, wearing Badge 171, will be stricken for cause by way of stipulation.
40?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 40, wearing Badge 424, stricken for cause by way of stipulation.
41?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 41, wearing Badge 431, will be stricken for cause by way of stipulation.
42?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 42 will be stricken for cause by way of stipulation, wearing Badge 794.
43?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 43, wearing Badge 906, will be stricken for cause by way of stipulation.
44?
MR. HENDERSON: No notes.
THE COURT: 45?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 45 will be stricken for cause by way of stipulation.
46?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 46 will be stricken for cause by way of stipulation.
45 was wearing 777. 46 is wearing Badge 653.
47?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 47, wearing Badge 4256, will be stricken for cause by way of stipulation.
48?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 48, wearing Badge 661, will be stricken for cause by way of stipulation.
49?
MR. HENDERSON: Agree.
THE COURT: And 50?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 50 will be stricken for cause by way of stipulation. Juror seat 50 is wearing Badge 617.
That leaves with us jurors in Seats: 2, 3, 16, 17, 23, 29, 30, 31 -- I'm sorry, 32, 33, 34, 35, 44 --
COURT CLERK: 35 is not.
THE COURT: I mean, 36. I'm sorry.
So that last row is 29 -- let me start all over. That way we're all on the same page: 2, 3, 16, 17, 23, 29, 30, 32, 33, 34, 36, 44, and 49.
State?
THE COURT: Defense?
MR. HENDERSON: Agree.
THE COURT: Okay. Anything else we need to address before we bring in the balance of our panel?
MR. HENDERSON: Nothing from the defense.
THE COURT: Okay. I intend on addressing the follow-up matters first before proceeding with anything else. Is that acceptable, State?
THE COURT: Defense?
MR. HENDERSON: Yes, sir.
THE COURT: Let's go ahead and stand and bring in our panel.
(Venire Panel 2 entered.)
COURT CLERK: Jurors, I'm going to call your badge numbers. Just raise up your paddles to let me know that you're here: Juror No. 837, 2130, 537, 519, 33, 57, 7, 891, 294, 306, 13, 110, and 667 -- 677, I'm sorry. Thank you.
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, sir.
THE COURT: All right. Thank you. You-all can be the seated.
Members of our panel, if you could, just by a show of hands, confirm you've complied with the Court's instructions during the break not to discuss the case or do any independent investigation. Record will reflect all paddles have been raised.
During the break, I asked some of you to do some follow up. I'm going to circle back with each and every one of you on the follow up.
Juror in Seat No. 3, you were going to follow up on childcare issues. Were you able to do that during our break?
JUROR: Yes.
THE COURT: And?
JUROR: And I have a backup in case.
THE COURT: Okay. Excellent. Thank you so much. If you had to rely on that backup, would your thoughts be on your children or would you be able to focus on the evidence and testimony being presented?
JUROR: I'd be able to focus.
THE COURT: Would you be able to fairly and impartially weigh the evidence under those circumstances?
JUROR: Yes.
THE COURT: Okay. Thank you.
Juror in Seat 16, you also were going to follow up regarding care for your minor child?
JUROR: Yes.
THE COURT: Yes, sir. What did you find out?
JUROR: My partner can handle my child while -- if I were to be called to serve.
THE COURT: Okay. And, sir, similar questions that I asked of juror in Seat No. 3. Would your thoughts be on your children or would it be here listening to the evidence and testimony?
JUROR: Here listening.
THE COURT: And would you be able to fairly and impartially weigh the evidence under those circumstance?
JUROR: Yes.
THE COURT: All right. Thank you, sir.
Juror in Seat No. 23, you were going to inquire about work coverage, ma'am?
JUROR: Yes.
THE COURT: Were you able to do that during the break?
JUROR: Yeah. I called my boss and he said they can make things work to get coverage.
THE COURT: Okay. And understanding that someone else may be taking over your responsibilities, would your thoughts be on that or would they be at what's happening here in the courtroom?
JUROR: They would be on what's happening here in the courtroom.
THE COURT: All right. And would you be able to fairly and impartially weigh the evidence under those circumstances?
JUROR: Yes, sir.
THE COURT: Okay. Thank you.
Juror in Seat 30, you also were going to follow up regarding assistance with the minor children, yes, ma'am?
JUROR: Yes. My husband is going to try to figure it out with work, if he has to.
THE COURT: Okay. All right. And similar, ma'am, with the conversations that I had with Jurors 3 and 16, would your thoughts -- would your focus be here or would they be on your husband taking care of the little ones?
JUROR: I can focus here.
THE COURT: Okay. And would that fairly -- would it impact your ability to fairly and impartially weigh the evidence under those circumstances?
JUROR: No.
THE COURT: Okay. Thank you.
Juror in Seat 36, you also were trying to follow up if you could get care for the children as well?
JUROR: Yes, sir. He will take the bus and his father will pick him up, if he had to.
THE COURT: Okay. Thank you very much, ma'am. Similar questions to Jurors 3, 16, and 33. Would your thoughts be on your children or would they be here?
JUROR: They will be here, sir.
THE COURT: And would you be able to fairly and impartially weigh the evidence under those circumstances?
JUROR: No, sir.
THE COURT: I didn't hear you, ma'am.
JUROR: No, sir. I will be here -- my mind will be here.
THE COURT: So it won't have any impact on you?
JUROR: No, sir.
THE COURT: Okay. Appreciate you. Thank you.
49, you were going to inquire about the team that you're looking over and coverage with regard to that. What were you able to find out, sir?
JUROR: Partially. So, that one I found a bunch of other issues, because I always have to check with my wife.
THE COURT: Smart man.
JUROR: So, from the work perspective, they were not happy, but we could work around that.
From a personal perspective, my wife informed me that she's going to probably find out next week if she is pregnant. About this time last year, we had an ectopic pregnancy, she almost died. That would definitely be hard to be out of phone range -- I don't know if I would be able to have my phone on during the time if there was an emergency for me to deal with --
THE COURT: Your phone would have to be turned off, but what we could do is provide you an emergency number to contact the Court if an emergency circumstance arose, and we would break to bring that to your attention.
JUROR: Okay. And then there was one family trip that I forgot about. I didn't have my phone calendar. Family coming into town from out of state coming to the State park on Monday, Tuesday, Wednesday, like the 25th, 26th, and 27th, somewhere in that range. What are the Monday, Tuesday, and Wednesday of the last week of --
THE COURT: 28th, sir.
JUROR: 28th.
THE COURT: And did you have plans to take off work to join them --
JUROR: Correct. I had put on for PTO to be able to join them for that, yeah.
THE COURT: Okay. All right. Thank you, sir.
Let's talk a little bit more about why we're here this afternoon. As I said earlier today, this is a criminal case, and in every criminal case, the State of Florida files a document that's called an Information. The document merely tells us what the charge is that Ms. Boone is facing in this case, that the State will have the burden of proving beyond and to the exclusion of each and every reasonable doubt in trial.
This document is not evidence. It should not be given any weight whatsoever. It is not evidence of guilt and should not be considered as such. The Information that was filed in this case reads as follows:
Aramis D. Ayala, State Attorney of the Ninth Judicial Circuit, prosecuting for the State of Florida, in Orange County, or Aramis D. Ayala, State Attorney of the Ninth Judicial Circuit, prosecuting for the State of Florida in Orange County, by and through the undersigned designated assistant state attorney, under oath, charges that Sarah Boone, on or about the 23rd day of February, 2020, in said county and state, did in violation of Florida Statute 782.04(2), by an act imminently dangerous to another and evincing a depraved mind, regardless of human life, did kill Jorge Torres.
This is a murder case. However, it is not a death penalty case. The State is not seeking the death penalty in this case.
Please raise your paddles if you know anything about this case or the people involved.
Juror in Seat 2 -- who else? I'm sorry. Raise those paddles again for me. I saw one other paddle: 2, 17, and 34. We'll have some additional questions for you-all in just little bit.
Has anyone seen a video of a man in a suitcase? If you have, please -- I see Juror No. 34 shaking her head. If you have, raise your paddles at this time.
JUROR: I mean, from the news.
THE COURT: Okay. We'll have specifics to ask you in just a moment, ma'am. Thank you.
And anyone else? Court sees no paddles.
Has anyone commented on any social media platform or chat room about a video of a man in a suitcase? Raise your paddle if you've done that. Court sees no paddles.
Has anyone seen a video of Ms. Boone being interrogated by police? Raise your paddles if you have. Court sees no paddles.
Has anyone commented on any social media platform or chat room about a video of Ms. Boone being interrogated by police? Court sees no paddles.
Has anyone seen any body-worn camera videos in which Ms. Boone is speaking to police? Court sees no paddles.
Has anyone commented on any social media platform or chat room about any body-worn camera videos in which Ms. Boone is speaking to police? Court sees no paddles.
Has anyone posted or commented on any social media platform or chat room about Ms. Boone? Court sees no paddles.
Has anyone read any posts or comments on any social media platform or chat room about Ms. Boone? Court sees no paddles.
Has anyone liked any posts or comments on any social media platform or chat room about Ms. Boone? Court sees no paddles.
Similarly, has anyone shared any posts or comments on any social media platform or chat room about Ms. Boone? Court sees no paddles.
Has anyone learned anything about this case prior to today? If you have, raise your paddles.
Jurors No. 2 and 34. Okay. Thank you.
After hearing about the charge in this case from the reading of the Information, without knowing anything else, does anyone have such strong feelings that you could not be a fair and impartial juror in this case? If that applies to you, please raise your paddles at this time. Court sees no paddles.
Is there anyone who has such strongly-held religious beliefs or moral beliefs or that would conflict with those beliefs such that you would not be able to serve aS a juror in this case? Raise your paddles if you have such beliefs. Court sees no paddles.
Can the parties approach?
(At the bench.)
THE COURT: So at this time, I'm going to ask everybody to step out and we bring in 2, 17, and 34 individually. Does that work?
THE COURT: Okay. Excellent. All right. Thank you.
(In open court.)
THE COURT: All right. Members of our panel, thank you again. We're going to take another break. We're going to ask all of you to step outside. We're going to bring in some of you individually. I'm going to give you the same instruction I gave you previously.
Don't discuss the case or do any independent research or investigation about it. There's still no case. You haven't heard anything yet. Don't talk amongst yourselves or talk on the internet or do any research. We'll bring you back in as promptly as possible. I thank you again for your time.
(Venire Panel 2 exited.)
THE COURT: You-all can be seated. Thank you.
State, anything else we need to discuss before we bring in juror in Seat 2?
THE COURT: Anything else we need to discuss, defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Let's go ahead and bring in juror in Seat 2, wearing Badge 837.
(Venire Badge 837 entered.)
THE COURT: Juror in Seat 2, good afternoon, ma'am. You had advised us that you knew about this case. How is it that you might know about it?
JUROR: I've read a couple of articles.
THE COURT: How recently?
JUROR: The past couple days. It's been in the news recently.
THE COURT: Is it something that you were actively seeking out or just something you happened to stumble upon?
JUROR: No. No, I just stumbled upon it. My mom is big on reading news articles and she had read something about it.
THE COURT: All right. Did you learn anything about this case from reading those articles?
JUROR: How do you mean learn anything? I mean, I know the basics of the case.
THE COURT: Okay. Have you formed any opinions one way or the other as to this case?
JUROR: Honestly, I can't say. I don't know. I mean, I'd like to say that I'll be impartial. But I only know from what the article that I read --
THE COURT: And do you recall what the article said?
JUROR: That they had been drinking and he got into a suitcase -- they were joking around and got into a suitcase and she went to bed and he passed away in the suitcase.
THE COURT: Would you be able to set aside the article that you read and only focus on the evidence and testimony that's presented here in court?
JUROR: I mean, what knowledge I have is very basic, so, yeah, I would -- I would think so, yes.
THE COURT: Okay. Thank you.
State, any follow up?
THE COURT: Defense?
MR. HENDERSON: Yes.
THE COURT: Go ahead, sir.
MR. OWENS: Ma'am, you said your -- it was your mother who's an avid reader?
JUROR: Yes.
MR. HENDERSON: And was it your mother who told you about --
JUROR: Yeah. She knows that I like crime stuff and she had told me about the case. So she likes to tell me about different cases, so I read the article.
MR. HENDERSON: Okay. So after she told you about it, you looked at the article --
JUROR: Uh-huh.
MR. HENDERSON: -- at that time?
Have you been on the internet or social media or anything like that about this case?
JUROR: Social media, no. I mean, I've read articles, but, no, I don't -- no social media.
MR. HENDERSON: Okay. The articles that you're talking about, are they newspaper articles or where are the articles coming from?
JUROR: From the internet.
MR. HENDERSON: From the internet?
JUROR: Yeah.
MR. HENDERSON: Okay. Since you've read the articles from the internet, have you talked to other people about this case?
JUROR: Only my mother.
MR. HENDERSON: Other than your mother?
JUROR: No.
MR. HENDERSON: Okay. And you can be fair and impartial --
JUROR: Yes.
MR. HENDERSON: -- about this?
And, also, do you understand what you've read is not evidence?
JUROR: Yes.
MR. HENDERSON: All right. No further questions.
JUROR: Oh, and I like true crime.
MR. HENDERSON: Judge, if I could ask one more question?
THE COURT: Go ahead, sir.
MR. HENDERSON: Ma'am, what were you saying about true crime?
JUROR: I just like it. I mean, I think that's why my mom had mentioned the article. It's something that happened in the Orlando area. I mean, it's not often that, you know, things like that happen.
MR. HENDERSON: All right. Can you tell me what true crime is?
JUROR: It means murders that happened.
MR. HENDERSON: Is it a television show?
JUROR: Oh, no. It's real life. I mean, just crimes that happened. I mean --
MR. HENDERSON: All right. Well, see, I'm not from here. When you say "true crimes," is true crimes -- is that the name of --
JUROR: I guess that's a genre of, like, television. I mean, I guess that's wherever.
MR. HENDERSON: Okay. And is that what you heard from your mother? I'm trying to get this --
JUROR: I'm sorry. I'm not really following you.
MR. HENDERSON: Okay. The true crimes is -- where did you get -- or is that something that you just follow all the time?
JUROR: I don't -- it's just something I enjoy watching shows about crimes and --
MR. HENDERSON: Let me see if I can understand it better. When I was a kid -- this is going to date me -- there was a show on called Dragnet which was a show about solving crimes, okay? I used to watch that show all the time as a kid, but I just liked the show. Is that the kind of thing that you're talking to me about or is it different?
JUROR: Yeah. I mean, I like Law & Order shows. But, I mean, this was something that happened significant in Orlando, and my mom had mentioned it.
MR. HENDERSON: Okay. All right. Thank you very much, ma'am.
THE COURT: State, any follow up?
THE COURT: Defense, any follow up?
MR. HENDERSON: No, Your Honor.
THE COURT: If you-all can approach for a moment.
(At the bench.)
THE COURT: State?
THE COURT: Defense?
MR. HENDERSON: Judge, as far as -- the State didn't -- as far as cause, no, no, motion.
THE COURT: Thank you very much.
(In open court.)
THE COURT: All right. Ma'am, thank you so much. We're going to ask you to step outside just for a couple more moments, okay?
JUROR: Thank you.
THE COURT: Thank you.
(Venire Badge 837 exited.)
THE COURT: Can we bring in juror in Seat 17 wearing Badge 519?
(Venire Badge 519 entered.)
THE COURT: Juror in Seat 17, good afternoon, sir. You had advised that you knew about this case. How is it that you know about this case?
JUROR: Probably from the news, you know.
THE COURT: Do you recall when the last time you observed or read or saw anything about this case?
JUROR: Probably weeks ago.
THE COURT: Is it something that you actively sought out?
JUROR: No. It's just, you know, watching the news --
THE COURT: Okay.
JUROR: -- it came up.
THE COURT: And what is it that you know about this case from the news?
JUROR: That it's probably in Lake County. I think it was in the backyard. That's -- you know --
THE COURT: Okay.
JUROR: I don't know if that's this case or not.
THE COURT: Okay. State, any follow up?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Okay. Can the parties approach?
(At the bench.)
THE COURT: I think he may be confusing the case in Lake County, that's getting some publicity right now, with the instant case based on his responses.
MR. HENDERSON: Excuse me?
THE COURT: What's your position, sir?
MR. HENDERSON: No, Your Honor.
THE COURT: All right.
MR. HENDERSON: I think it's actually good that he doesn't know about it.
THE COURT: Very good. Thank you.
(In open court.)
THE COURT: All right. Thank you, sir. We're going to ask you to step outside for a couple more minutes, all right? Appreciate you.
(Venire Badge 519 entered.)
THE COURT: Lastly, let's bring in juror in Seat 34, wearing Badge 306.
(Venire Badge 306 entered.)
THE COURT: Juror in Seat 34, good afternoon, ma'am. You had advised us that you knew about this case and you may have seen a video of a man ina Suitcase. Can you elaborate on the first, how is it you might know about this case?
JUROR: How I know about the case?
THE COURT: Yes, ma'am.
JUROR: I mean, it's all over the news, and it's been on the news for a long time, and it's intriguing, so I read a lot about it. Do you want me to tell you where I last read about it?
THE COURT: Yes, please.
JUROR: I think there's been a lot of lawyers that they have switched out. I know that -- you want me to tell everything that I think I know?
THE COURT: Absolutely.
JUROR: I think that it was -- I think Ms. Boone said it was a game and then zipped up the suitcase. And I think, if I remember, there was drinking involved. And then she woke up in the morning and came downstairs and came to the suitcase, he was deceased. So those are some things that I know.
THE COURT: You said that it was intriguing. Is it something that you're actively searching and following?
JUROR: No. Any news story -- I mean, I always watch all of those -- Snapped and all those type of shows. It's just something so different that whenever I saw the headline, I would read a little bit about it. That's what I mean by intriguing.
THE COURT: Okay. So if it's something you come across, you'll read it?
JUROR: Yes.
THE COURT: Okay. And you also advised that you may have seen the video of a person in a suitcase. Tell us about that.
JUROR: You know, it's foggy, because this was a long time ago, but I remember seeing the Suitcase and -- I mean, just through the news, and if I remember just seeing -- seeing a body squashed up, but I'm not positive that's with this case.
THE COURT: Okay. When's the last time you read an article online or print or watched something pertaining to this case?
JUROR: You know, it was -- actually, from this weekend or it was Sunday night or Saturday night, I think it was Sunday night, when I asked Alexa for the news and they said that the jury is going to be picked on Monday for the suitcase case.
THE COURT: But you didn't ask Alexa for news about this case, just news generally?
JUROR: Yes.
THE COURT: Okay. Other than Alexa on Sunday, when's the last time that you heard or saw or observed anything about this case?
JUROR: I mean, just randomly, I remember -- I remember telling my boyfriend that there's a chance I might, you know -- Sunday night, I said that I might get chosen for that case and he knew something about it. And then I just started telling him a few things that I knew about it and that was that.
THE COURT: Okay. All right. Thank you.
State, any questions?
JUROR: I mean, it's foggy. I don't know all the facts. I didn't, you know, hear it from her, just from the news article.
MR. JAY: Can you set aside anything you think you learned from the news if it differs from what comes in as evidence during the trial?
JUROR: Yes.
JUROR: Yes.
THE COURT: Defense?
MR. HENDERSON: Yes.
Ma'tam, you said you saw a video?
JUROR: Foggy, yes.
MR. HENDERSON: Okay. When you saw that video, how did it make you feel?
JUROR: It made me want to know how that happened.
MR. HENDERSON: Okay. Any other feelings?
JUROR: I mean, it's sad that he died.
MR. HENDERSON: And when you were watching -- or Since that time you saw the video, I believe that you said at least you talked to your boyfriend about it; is that correct?
JUROR: That's correct.
MR. HENDERSON: Usually when we talk to people, we kind of give our opinion on something when we're explaining it to them, or when we're telling them what we think about it. In fact, did you do that with your boyfriend?
JUROR: I did not. I just said I think it's the case. Here are some things that happened. But I didn't -- I don't know enough about it, you know.
MR. HENDERSON: All right. And you told him that this might be the case that you could potentially be on; is that correct?
JUROR: Yes.
MR. HENDERSON: You told him that; is that right? Did that make you excited?
JUROR: I just -- I just think of it as a civic duty and I just think of it as -- I mean, I don't know what you mean by excited to be here.
MR. HENDERSON: Yes.
JUROR: I think any case is an honor to, you know, do the civic duty.
MR. HENDERSON: Yes, I agree with you on that. But specially to this case, because you had heard about this case in the news and when you found out from -- that this jury was being picked this week --
JUROR: Yes.
MR. HENDERSON: -- were your hopes to be on this case?
JUROR: I didn't really form an opinion because I just figured -- I mean, it's not a hundred percent chance -- it didn't matter to me what case I had, to be honest.
MR. HENDERSON: All right. Do you want to be on this case?
JUROR: I -- I -- as far as the civic duty, I don't care what case I'm on. I think it's nice to serve on any case.
MR. HENDERSON: All right. So you would treat this no different than you would treat it if you were on a DUI case?
JUROR: One hundred percent.
MR. HENDERSON: Okay. Thank you very much, ma'am.
No further questions.
THE COURT: State, any follow up?
THE COURT: Can the parties approach?
(At the bench.)
THE COURT: Mr. Jay?
THE COURT: Defense?
MR. HENDERSON: Nothing for cause.
THE COURT: Thank you very much.
Actually, gentlemen, come on back. Do we want to bring back in our panel and release them subject to re-call?
THE COURT: Do you have any additional inquiry, State?
MR. JAY: The State would move for cause on 49. He's the one with the wife that might have a troubled pregnancy and there were some other issues going on.
THE COURT: Response?
MR. HENDERSON: Stipulate.
THE COURT: Okay. Juror in Seat 49, wearing Badge 67, will be stricken for cause. I'll advise the deputy to let him know so he does not need to come back in.
THE COURT: I've revised the form to give our jurors -- I'll give you-all copies now and I'll read it into the record. Hopefully, we don't have any alterations to it, but we'll address that momentarily. All right. Thank you-all very much.
MR. HENDERSON: Judge --
THE COURT: Hang on.
MR. HENDERSON: Are you going to read the jury instruction to the --
THE COURT: I'm going to read the same instruction that I read this morning, if that was acceptable to the State and the defense.
THE COURT: All right. Excellent. Thank you.
(In open court.)
THE COURT: All right. Juror in Seat 34, thank you very much, matam. I'll ask you to step outside for a couple of moments, okay?
(Venire Badge 306 exited.)
THE COURT: As discussed, juror in Seat 49, wearing Badge 677, has been stricken for cause by way of stipulation. I'm going to ask the courtroom deputy to advise that juror in Seat 49, Badge 677, that he's been released and he can return back to the jury services on the first floor.
Before we bring back in our panel, Ms. Berrios, my judicial assistant, recreated the call-in form. I've provided copies to both the State and the defense. The revised form reads as follows:
You have been selected as a potential juror in the case of State of Florida vs. Sarah Boone, and have been directed to report back for service. Please call 407-836-2048, then press option 6, each day after 5:00 p.m. to hear a recording which confirms you are to report back for service and notifies you of your report date and time. Listen for your case name. Please note: The message line is updated at 5:00 p.m. each day, and as such, do not call prior to that time to ensure you get current information. If you are running late on the date you are to report, have an emergency, et cetera, if it is before 5:00 p.m., please call 407-836-2023. This number goes straight to the jury room. If you are calling after 5:00 p.m., please call 407-836-6060. This is the sheriff's office and the only number answered after 5:00 p.m.
State, any objection to the content of the notice?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Okay. All right. I'll give copies to the courtroom deputy to hand those out to the remaining members of our panel.
State, anything else we need to address before we bring our panel back in?
THE COURT: Anything else, defense?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. The Court will bring the panel in, read the same instruction read this morning, and then advise them of the call-in paperwork. And then the Court will be in recess until tomorrow morning at 9:00 a.m.
The Court has ordered 50 jurors for tomorrow morning, and then whatever overflow we'll have for the afternoon as well. Madam Clerk will be continually reaching out to the jury department to ensure that we have that additional panel.
Other than that, anything else, State, we need to address?
THE COURT: Defense?
MR. HENDERSON: No, Judge.
THE COURT: All right. I did have the opportunity to speak with the Orange County Jail. Clothing will be delivered here in the morning for Ms. Boone to be able to dress out. We've rectified that issue.
Mr. Owens, anything else, sir?
MR. OWENS: I'11 also have the option of bringing clothes in the morning?
THE COURT: I would do that, sir, in lieu of having it brought to the jail. So the clothing that was dropped off either last week or whatnot, you can return to collect that, just let's plan on having her dress out here. I've confirmed with the deputies and corrections, they will search it, send it through the machine for scanning, and then she'll be able to dress out downstairs.
MR. OWENS: And then I'm going to take these clothes tonight --
THE COURT: Correct.
MR. OWENS: -- and then we still have the shoe issue.
THE COURT: I've read the order. I'll sign it and I'll give it to -- I'll have Anita send it to corrections and then to the sheriff so that everybody is on board, okay?
Anything else?
MR. OWENS: No, sir.
THE COURT: Okay. Let's stand and bring back in our panel.
(Venire Panel 2 entered.)
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: Thank you. Everyone can be seated.
Members of our panel, if you can, by a show of paddles, confirm that you've complied with the Court's instructions during the last break. Record will reflect all paddles have been raised.
All right. Members of our panel, you've been selected as a potential juror in the case of State of Florida vs. Sarah Boone, and have been directed to report back for service. Officer Bruce has copies of what I'm going to read to you. Don't need to memorize this. This is call-in information for when you need to return to the courthouse, and I'm going to read it to you now.
Please call 407-836-2048, then press option 6 each day after 5:00 p.m. to hear a recording which confirms you are to report back for service and notifies you of your report date and time. Listen for your case name. Please note: The message line is updated at 5:00 p.m. each day, and as such, do not call prior to that time to ensure you get current information. If you are running late on the date you are to report, have an emergency, et cetera, if it is before 5:00 p.m., please call 407-836-2023. This number goes straight to the jury room. If you are calling after 5:00 p.m., please call 407-836-6060. This is the sheriff's office and the only number answered after 5:00 p.m.
I have an additional instruction to read to you before I discharge you. I'm going to ask that you call that number tomorrow after 5:00 p.m. You don't need to memorize all this. The deputy has the forms. And if you could continue to call that number every day after 5:00 p.m., and listen to those instructions, it will tell you when you need to report or call back tomorrow. But it will provide you the instructions for when you need to return here to 12 alpha of the Orange County Courthouse.
Jurors, you must not conduct any investigation on your own. This includes reading newspapers, watching television, or using a computer, cell phone, the internet, any electronic, or any other means at all to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during the trial.
Jurors must not watch local news or read local newspapers. Jurors must not have discussions of any sort with friends or family members, or even your fellow jurors about this case, or the people and places involved. So do not let anyone make comments to you or ask questions about the trial.
I want to stress again that just as you must not talk about this case face to face, you must not talk about this case by using an electronic device. You must not use phones, computers, or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room, or blog.
With that, members of our panel, I thank you for your sacrifice and your service. The deputy will hand you this information and we'll see you in the near term. Thank you, again.
(Venire Panel 2 exited.)
THE COURT: You-all can be seated. Thank you.
Anything else we need to discuss?
THE COURT: Defense?
MR. OWENS: Judge, my client, Sarah Boone, tells me that she gets up -- when she has court, they get her up at about 2:00 in the morning, and so eventually, we have court at 9:00, so it's about a seven-hour waiting game, and she does not get a chance to take a shower during that time. She tells me that she'll probably get home -- back to the jail about 9:00 or 10:00 tonight, so she may or may not get a shower tonight. That may be an issue. I'd like to see how it goes tonight and then maybe address it in morning, but that is one of the issues about her getting a shower before court or either after court, so that she's ready to go the next day.
THE COURT: State?
THE COURT: We'll address that as necessary.
All right. Court will be in recess. We'll see you-all tomorrow morning at 9:00 a.m. in this matter. Court starts at 8:45 in its regular docket.
We're off the record. Thank you.