1.Potential-Witness Discussion and Protective-Order Ruling
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PROCEEDINGS
(October 14, 2024, 9:38 a.m., stenographically reported by Breean Crisp.)
COURT CLERK: This is Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
State?
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
COURT CLERK: Defense?
MR. OWENS: James Owens for Sarah Boone.
MR. HENDERSON: Tony Henderson for Sarah Boone.
THE COURT: Good morning, everyone.
Ms. Boone, good morning. If you could please raise your right hand. Madam Clerk is going to go ahead and swear you in.
(Defendant sworn.)
SARAH BOONE: I do.
COURT CLERK: Thank you.
THE COURT: Can you state your full name and date of birth for the record for me?
SARAH BOONE: Sarah Boone. 10/10/77.
THE COURT: All right. Good morning, everyone.
We are here for jury selection. I hope everyone was left relatively unharmed by the hurricane that passed through last week. Madam Clerk has ordered a jury. We have a panel of 50 that's being brought up. As soon as they're brought up, we'll provide you copies of the jury questionnaire and the seating chart. And once you've had the opportunity to review those, we can bring in our panel at that time.
As we discussed last week, the purpose for jury selection today and tomorrow will be addressing cause challenges, preconceived notions, and knowledge about the case and dealing with any hardships. The Court had the opportunity to prep for today's jury selection regarding questions about knowledge of the case and I just wanted to go over those with the parties this morning to see if there are issues or concerns or more specificity or less specificity as to the questions that the Court may be inquiring about our panel.
After the Information is read, I'll be asking if anyone knows anything about the case or the persons and people involved. Has anyone seen a video of a man ina Suitcase? Has anyone commented on any social media platform about a video of a man in a suitcase? Has anyone seen a video of Ms. Boone being interrogated by police? Has anyone commented on any social media platform about a video of Ms. Boone being interrogated by police? Has anyone seen any body-worn camera videos in which Ms. Boone is speaking to police? Has anyone commented on any social media platform about any body-worn camera videos in which Ms. Boone is speaking to police? Has anyone posted or commented on any social media platform about Ms. Boone? Has anyone read any posts or comments on any social media platform about Ms. Boone? Has anyone learned anything about this case prior to today?
State, with regard to that area of inquiry, any position or concerns?
MR. JAY: I believe that is way too much information. I think the inquiry should really be limited to, do you know anything about this case based on her name? And then I think we had discussed last week perhaps mentioning that, you know, there's a Suitcase involved, but going into a video being taken of the crime, a body-worn camera, the defendant being interrogated, all of those are way too specific in the State's opinion for general voir dire of the 50.
Now, when we get people who raise their hands, and they need to be individually voir dired, then I think we're going to have to delve into specifically what they know about the case, but I think for the general inquiry with the panel, we just need to be able to give them as little information as required to trigger their memory and not go into specifics.
THE COURT: Mr. Owens?
MR. OWENS: Mr. Henderson.
MR. HENDERSON: Good morning, Judge.
THE COURT: Good morning, sir.
MR. HENDERSON: Judge, I agree with the example that the Court gave. I think it's very important for us to know who knows about these cases [Sic] in the first 50, because what we're trying to do is to get 50 that we think we can pick the jury from, so we need to eliminate those cause things earlier. And the publicity and everything that's going on about this case, it's absolutely important to delve in what these individuals know about it and how much they know about it. And I know specific questions -- after we get to their knowledge, specifically what their knowledge and specifically what they posted should be done at the bench and just not in front of the jury, but I agree with the format that the Court has laid out.
THE COURT: All right. Thank you.
Mr. Jay, anything else?
THE COURT: Okay. Thank you.
The Court is inclined to inquire generally as to these things. The publicity with this matter speaks for itself and does not need to be addressed over and above what it is already.
And my concern is, with not addressing any specificity, is a person say they're ready and willing to serve for two and a half, three weeks and then we get to Wednesday or Thursday with the pool that we've dialed down and then it comes out that they have all these preconceived notions that we're not going to be able to address at that point in time and then we're going to have to potentially start all over again, and I would like to prohibit that from happening as best as possible.
So I'm going to overrule -- to the extent you had an objection, Mr. Jay, I'm going to overrule that objection and address those questions generally. I do agree with Mr. Henderson that if persons raise their hand -- and I do agree with you, Mr. Jay -- that they do have knowledge of any of these things or have commented or have seen them, those will be addressed on a one-on-one basis outside the hearing of any of the rest of our panel.
The other issue that I wanted to address this morning was the defense's amended witness list. Last week Ms. Boone had advised that she had not seen it. Mr. Owens had advised the Court that it was still kind of in flux because persons were still trying to be found by the defense's investigator, but, Mr. Owens, has Ms. Boone been provided that latest amended defense witness list?
MR. OWENS: Judge, she has. She has now.
THE COURT: Okay. All right. Ma'am, have you -- take a look at that, and after you've taken a look at it, just look up at me, okay?
SARAH BOONE: Uh-huh. Thank you.
(Pause.)
MR. OWENS: Judge, we're finished reviewing the list.
THE COURT: Okay. Very good.
Ms. Boone, have you had the opportunity to review that witness list that your lawyers have filed?
SARAH BOONE: Yes.
THE COURT: Without going into any specifics that you've had in conversations with your attorneys, have you discussed the witnesses identified in that witness list?
(Defendant conferring with Mr. Owens.)
SARAH BOONE: Forgive me, Your Honor. Could you please repeat the question?
THE COURT: Sure.
The question was, without going into any specifics about conversations that you've had with you and your attorneys, are you in agreement with the persons that have been identified in that list that may be called as witnesses in your case?
SARAH BOONE: I'm not familiar with everyone that's on here, but I do agree with whoever it is that they have on here.
THE COURT: Okay. All right. Thank you very much, ma'am.
Ma'am, you told me last week that you were ready for trial. Are you ready for trial today?
SARAH BOONE: I am.
THE COURT: Okay. All right. Is there anything that you would like to bring to my attention at this time?
SARAH BOONE: If I may say? I am trying to get permission from the County to have a cup of water and snacks and a couple of other things, and I know that there's a motion that I was trying to have filed. I don't know the status of it yet, but is that what I need to do just to have a cup of water, is I need to have that approved and implemented by the County?
THE COURT: I cannot answer that question for you, ma'am. That would be me providing you legal advice. You have three attorneys surrounding you at counsels' table. You can inquire of them. I know that I'm working with the staff here in order to ensure that you have water at counsels' table, and that's something that we're trying to work through. With regard to the snack issue, again, I cannot answer that question for the same reasons I said earlier.
SARAH BOONE: Sure. Thank you.
THE COURT: Okay. Mr. Owens, anything else, sir?
MR. OWENS: Well, Judge, she has several outfits at the jail that we provided last weekend. And then she was cold last Monday, so we bought her a blazer and another shirt, and I dropped it off yesterday afternoon at the video visitation center. And for whatever reason, they didn't bring the blazer, so she didn't have that. I had to go downstairs, because there was an issue about that, and I talked to the security down there and they said they would like to work together with me and if I would bring her -- because she had expressed, it was a two-week trial, she wanted to wear something different every day. They expressed to me that if I would just bring her her clothes every morning, whatever she wanted to wear, and then pick them up in the evening, the clothes she wore that day, that that would work with them, instead of going to the visitation center and that whole process. So I think that is probably the way to go.
THE COURT: Okay. Well, then that saves the phone call that I had set up with Captain Digiovani at 12:30 today to try to figure out what the issue was with the clothing, because my understanding is it was a similar Situation as of last week. I don't have an issue with that, if you want to drop that off in the morning, pick it up in the afternoon or the evening when we're concluded. That'll hopefully resolve that issue.
You can go ahead and speak to her.
SARAH BOONE: Thank you.
(Defendant conferring with counsel.)
MR. OWENS: Judge, we're ready.
THE COURT: Okay. The deputy has provided you the jury questionnaire forms and the seating arrangement. Take a look at those. The Court will be off the record. And when you're ready to bring in our panel, just let us know.
All right. Thank you very much.
(Pause. )
THE COURT: We're back on the record. Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
State, let me get your appearance for the record.
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
MR. OWENS: James Owens, Sarah Boone.
MR. HENDERSON: Tony Henderson, Sarah Boone.
THE COURT: Ms. Boone is seated at counsels' table. She is wearing a blue dress. She is out -- she is in custody in this matter, but she is not shackled. As such, we will be standing every time our jury panel enters and exits.
Okay. Corrections is -- and sheriff has advised me there's a couple of our jury members who are using the restroom facilities. As soon as we have our panel of 50, our deputies will bring them in and we will stand and then Madam Clerk will swear our panel in.
(Pause. )
MR. OWENS: Judge, did you get a chance to look at the proposed order regarding the dress shoes?
THE COURT: I'm reviewing it.
(Pause. )
THE COURT: The courtroom deputy has advised me that our jury venire is present and accounted for. Let's go ahead and stand and we'll bring in our panel.
(Venire Panel 1 enters.)
COURT STAFF: All jurors present.
THE COURT: Madam Clerk, if you could swear them in.
COURT CLERK: Will everyone please stand and raise your right hands to be sworn.
(Venire Panel 1 sworn at 10:09 a.m.)
JUROR: I do.
COURT CLERK: Thank you.
THE COURT: Good morning, everyone. You can be seated.
Members of our panel, good morning. Welcome to Courtroom 12-Alpha of the Orange County Courthouse in the circuit court criminal division. My name is Judge Michael Kraynick and I will be the presiding judge in the case of the State of Florida vs. Sarah Boone.
Before we get started, I wanted to take a moment and introduce everyone in the courtroom to you today.
To my right, your left, is my clerk, Ms. Mary McCree. Her job is to assist me throughout the trial, as well as handling and organizing any of the evidence that may be presented in this case. In order to do their jobs, they may be answering the telephone, handing me notes, talking on the telephone, printing out items from a computer. All of these are to ensure that we have an efficient and orderly trial in this case.
Some of the persons in this courtroom you've already met, and those are my courtroom deputies. Today we have Officers Bruce, Officer Bourda, Officer Jones, and Officer Canada. They are my eyes and ears here in the courtroom. If you have any concerns regarding your safety or any questions at all, please bring those to the deputies' attention and they will, in turn, bring them to me and I will answer those questions as best as possible here in open court.
State, if you could, please introduce yourselves to our panel.
MR. CACCIATORE: Dave Cacciatore, Assistant State Attorney.
THE COURT: Defense, if you could please introduce yourself and your client to our panel.
MR. OWENS: Good morning. My name is James Owens, and this is my client, Sarah Boone.
MR. HENDERSON: Good morning. My name is Tony Henderson. I'm cocounsel.
MS. ANDREWS: Hello. I'm Shelbie Andrews. I'm a jury selection consultant.
THE COURT: Thank you. You can all be seated.
Last, but certainly not least, I want to introduce to you the hardest working person here in the courtroom. No, it's not going to be the lawyers, and I assure you that they're going to work very, very hard in presenting their arguments and their cases. It's not the Court. I can assure you the Court is also working very hard. It's that person seated right in front of you in the pink jacket, Ms. Breean Crisp, Madam Court Reporter.
Her job is to write down everything that everyone says. And I have a terrible habit of speaking way too quickly. I get notes from the court reporters to slow down quite often. I even have a note written right in front of me that says "slow down." And the reason I tell you all of these things is because everything that's being said today is being recorded, so we can understand everything that's said.
Now, normally when we speak to our friends or our family, sometimes we say "uh-huhs" or "sure" when we mean no or "okay" when we mean yes or we just do head nods and a grin or shake our head no. We can't pick up those things on the record. We're not going to know if shaking head means yes or shaking head means no.
So myself or Madam Clerk -- Madam Court Reporter may ask you to clarify, was that a yes or a no? And we're not doing that to call you out or put you on the spot, we're just doing it to make sure that we have an accurate record. So as best as you can, try to answer everybody's questions without those non-verbal head nods or uh-huhs or uh-uhs, and that's going to make Madam Court Reporter's job a lot easier.
Members of our jury, if you could raise your paddles if you recognize the names of any persons that have been introduced so far.
Okay. Jurors No. 27, 38, and 35.
Juror No. 27, who do you recognize?
JUROR: The -- I don't know what she's called; her, Sarah Boone.
THE COURT: Okay. All right. We'll come back to you momentarily.
Juror No. 35?
JUROR: Sarah Boone.
THE COURT: Okay. And Juror No. 38?
JUROR: Sarah Boone.
THE COURT: Okay. Can the parties approach for a moment?
(At the bench.)
THE COURT: Do we want to go ahead and address those specific persons now?
THE COURT: Okay. State? Or, I'm sorry, defense?
MR. HENDERSON: You mean now, Judge? You mean call them up individually?
THE COURT: Individually, correct.
MR. HENDERSON: I'm all right with doing that at this time, but if the State wants to wait...
THE COURT: All right. We'll make a note and we'll circle back on them, because they may have other conflicts.
Okay. Thank you, both.
(At the bench.)
THE COURT: All right. Thank you.
State, if you could, please read a list of the witnesses that you may intend to call in this case.
MR. CACCIATORE: Potential witnesses that we have in this case are: Jennifer Albrecht, formerly of the Orange County Sheriff's Office, John Alden of the Orange County Sheriff's Office, a Vincent Battaglia of Bloomfield, New Jersey, Carolina Benito of the Florida Department of Law Enforcement, Brian Boone of Gainesville, Florida, Jeffery Brown of the Orange County Sheriff's Office, Kenneth Davis of the Orange County Sheriff's Office, Lisa DeLeon of the Orange County Sheriff's Office, Rachell Fenner, formerly of the Orange County Sheriff's Office, Natosha Fisher of the Orange County Department of Corrections, Lanya Herr of the Orange County Sheriff's Office, a Devin Jamro of Orlando, Florida, Chelsey Koepsell of the Orange County Sheriff's Office, Vincent Lebron of the Orange County Sheriff's Office, Santia Leroy of the Orange County Sheriff's Office, Scott Lowen of the Orange County Sheriff's Office, John Martinez of the Orange County Sheriff's Office, Meredith McCaskill with Florida Department of Law Enforcement, Brandon Moats of Winter Park, Florida, Abraham Moreno of Oviedo, Florida, Joseph O'Neil of the Orange County Sheriff's Office, Daniel Pekoske, formerly with the Orange County Sheriff's Office, Jessica Ramirez-Delgado of the Orange County Sheriff's Office, Shanice Robinson, formerly of the Orange County Sheriff's Office, Kayla Rodriguez of the Orange County Sheriff's Office, Melissa Roughgarden of the Orange County Sheriff's Office, a Melissa Sexton of Altamonte Springs, Florida, Victoria Shelton, formerly of the Orange County Sheriff's Office, Patrick Strawn of the Orange County Sheriff's Office, Nathaniel Taylor of the Orange County Sheriff's Office, Juan Torres of Orlando, Florida, Junella Uadan of the Orange County Sheriff's Office, Douglas Vest, formerly of the Orange County Sheriff's Office, Stephanie Viera of Orange County Fire Department, Dr. Tonia Werner of Gainesville, Florida, Joan Williams of the Orange County Sheriff's Office, Matthew Williams of the Orange County Sheriff's Office, Kelly Wood of the Orange County Sheriff's Office, Anthony Zito, formerly of the Orange County Sheriff's Office, and Dr. Sara Zydowicz of the District Nine Medical Examiner's Office.
THE COURT: Please raise your paddles if you recognize the names of any of those persons that Mr. Cacciatore read.
The record will reflect no paddles were raised.
Defense, if you could please call the list of witnesses that you may be calling if you present a case.
MR. OWENS: Many of these may be the same. And the first 20 are all with the Orange County Sheriff's Office: Chelsey Koepsell, Scott Lowen, Lisa DeLeon, Melissa Roughgarden, Nathaniel Taylor, John Martinez, Kelly Wood, Jessica Ramirez-Delgado, Anthony Zito, Patrick Strawn, Junella Uadan, John Alden, Kenneth Davis, Joseph O'Neil, John Williams, Mannie Lopez, Kayla Rodriguez, Kenneth Dale, Vincent Lebron, Matthew Williams. Those are the 20 with the Orange County Sheriff's Department.
Two with FDLE, that's the Florida Department of Law Enforcement: Carolina Benito, Meredith McCaskill. And then the medical examiner, Dr. Sara Zy-
(pronouncing) --
MR. CACCIATORE: Zydowicz.
MR. OWENS: -- Zydowicz. And then we have Dr. Julie Harper. We have Dr. Michael Brannon. We have Dr. Tonia Werner. Stephanie Viera with the Fire Department, Orange County, Brian Boone, Vincent Battaglia, Brandon Moats, Juan Torres, Abraham Moreno, Melissa Sexton, Maria Fernanda-Galipoli, Phillip Paulson, Tyler Paulson, Devin Jamro, Shanice Robinson, Rachell Fenner, Victoria Shelton, Jean Harris, Marcus Bullock, Janice Burns, Dan Burns, Pearl Walker, Deborah Johnson.
Judge, there are several that are just the custodian of records. We don't have the individual's name.
THE COURT: Okay. Go ahead and list those persons, please.
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, sir?
MR. JAY: Before he lists anybody from the State Attorney's Office, I would just like to object and point out that our protective order was granted.
THE COURT: Response?
MR. OWENS: Well, depending on your order, should I even mention the names? I'm probably going to try to proffer that testimony outside the presence of the jury for preserving the record on the issue, but --
THE COURT: Identify for me who those custodians of records were. Was it the same ones identified in the State's motion?
MR. OWENS: No. In the State's motion, I listed Kristina Mills, domestic violence supervisor, Erin McCaulley, director of victim services, Matt Storch, misdemeanor supervisor, Ibrahim Kaazim-Isa Lawton, Assistant State Attorney.
MR. JAY: We object to those names being listed. It's confusing to the jury that people from the State Attorney's Office would be listed as a witness when they're not being called.
THE COURT: Are those persons going to be called?
MR. OWENS: Remember, Judge, you had entered an order saying disallow their testimony.
THE COURT: But the State's motion pertained to the records custodians. It didn't identify specific people.
MR. JAY: No. It's about these people. They issued subpoenas for the head of our victim advocacy, they issued subpoenas for former and current prosecutors, and I objected based on fact and opinion work product.
MR. OWENS: Judge, you'll remember, we were attempting to get in the record that the state attorney has the ultimate power --
THE COURT: I recall.
MR. OWENS: -- to dismiss the case or not, and we believe one or more of those people are going to be able to establish that.
THE COURT: Okay. All right. Give me a second. I just want to go back and look at that.
It was through a notice, was it not, Mr. Jay?
THE COURT: It was through a notice, was it? It wasn't your motion in limine. There it is. There's the State's request for protective order.
So unless I'm missing something, and please forgive me if I am, the State's request for protective order filed September 30 identified custodian of records, Orange County, Office of the State Attorney, domestic violence supervisor, victim advocate supervisor, and misdemeanor supervisor. That's what your motion identified. It didn't give specific --
THE COURT: Okay. All right. That's why this is new to me. Okay.
MR. JAY: And I didn't realize who Ibrahim Medine [ph] or whatever his name was. He's a former ASA.
THE COURT: Got it. Okay. So the order for the State's protective order pertained to those supervisors, not the specifically identified people, and it's your position it's because they were not known or subpoenaed yet by the defense?
THE COURT: Okay. Got it.
Anything further, sir?
MR. OWENS: We just didn't know their names at that time, but we later learned from speaking to the State Attorney's Office the names and so we listed them. My position is, they've objected, the Court has made a ruling, but for purposes of appeal, outside the presence of the jury, I'm going to want to proffer that testimony. So based on that, I don't know whether you want me to go ahead and mention just that they might be witnesses or not. Either way.
THE COURT: Anything further, Mr. Jay?
THE COURT: Due to the granting of the State's protective order, and if those are the specific persons that were contemplated, and I'm seeing that you're in agreement with that --
MR. OWENS: Yes.
THE COURT: -- I'm going to agree with the State for those not to be read at this time.
MR. OWENS: Judge, the remaining witnesses that we have are -- and we don't know who they will be, but there's AdventHealth. These are hospital records.
THE COURT: Uh-huh. What's your position with -- to the custodian of records?
MR. JAY: I don't have a problem with them just Saying custodian of records. I don't think we've ever received any medical records regarding Jorge Torres yet.
MR. OWENS: Jorge.
THE COURT: Okay.
MR. JAY: So there's that Richardson discovery issue if they plan on introducing any medical records to the decedent --
THE COURT: Sure.
THE COURT: Okay. All right. Go ahead and read the records custodians for those persons. And if there's an issue, a Richardson issue that comes into play, we'll address that if and when we get there, okay?
All right. Thank you-all very much.