9.Defense Motion for Mistrial
73 linesTHE COURT: Members of the jury, it is 4:04. As I promised, we were going to take that afternoon break before the defense proceeds with their closing argument. You can leave everything behind.
Similar instruction that I've given you before, please don't conduct any independent investigation, research as to the person, places, thing, or charge involved in this case and do not have any discussions among yourselves or anyone else. And we'll bring you back in in about 15 minutes. Thank you very much.
COURT STAFF: All rise. Jury exiting.
(Jury exits.)
THE COURT: You-all may be seated. Thank you.
MR. OWENS: Judge, I've got a motion.
THE COURT: Okay. You may proceed.
MR. OWENS: Sarah Boone is entitled to a fair trial. I think that right has been compromised here today. I don't know who scheduled to put the two detectives on the front row with the Torres family, including the family of the victim, but they had to have known to tell them that the suitcase video, which has been around for four and a half years, was going to be played during opening [sic] statement. And the State Attorney's Office or the sheriff's department had to advise them -- or the victim's advocate had to advise them that if they couldn't take it in front of a jury that's trying to decide the case, they needed to get out of the courtroom.
Now, what happened here today should not ever happen. There should be safeguards in place. There's no room for this after two weeks of a murder trial for something like that to happen.
One of the Torres members of the family audibly, during the two-minute suitcase video, expressed some kind of emotional reaction. I looked back. She was -- he or she were bent over in agony, physical pain. The physical pain followed the audible announcement. You can't unring that bell. That's their responsibility to ensure that kind of thing doesn't happen, especially when they know they're going to show a video and the family of the victim is on the front row. I've never heard of such. I ask fora mistrial.
THE COURT: Response?
MR. JAY: I've never heard of such a request. The victim's family has a right to be here. They were advised as to what will be used during closing arguments. I cannot make a decision for the victim's family and the homicide survivors as to whether or not they believe they can handle it. She clearly -- or he, I don't know -- couldn't, and I believe the appropriate thing was done, they left the courtroom.
But, again, to say this is an intentional sabotage and all the accusations that continuously get made are unsubstantiated and it does not warrant a mistrial. People get warned and sometimes they misjudge their own emotions. I don't understand what test we are expected to run on homicide survivors. So the motion should be denied.
THE COURT: The motion is denied.
The jury is going to be back in in about 12 minutes, Counselor, so we'll reconvene at that point in time.
MR. OWENS: Could the State put the suitcase back in the box?
THE COURT: Yeah. Can we clean the well from the State's materials, please? Thank you.
(Brief recess from 4:08 p.m. to 4:23 p.m.)
THE COURT: All right. We are back on the record. 2020-CF-2603, State of Florida vs. Sarah Boone.
State, appearances for the record?
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
MR. OWENS: James Owens for Sarah Boone.
MR. HENDERSON: Tony Henderson, Sarah Boone.
THE COURT: Ms. Boone is still seated at counsels' table, wearing the same clothing from this morning.
Are we ready to bring in our jury for the defense closing at this time. State?
THE COURT: Defense?
MR. OWENS: Judge, I would like you to give the audience an instruction. And then, if you would, instruct the state attorney to instruct whatever family members or friends of Jorge Torres that may not be in here and may not be able to hear the instruction, but may come in during the trial so that we can try to get some order.
THE COURT: Are there any other members of Mr. Torres' family that may be outside that may be joining us?
JUAN TORRES: No. My mom is outside.
THE COURT: Okay. All right. So she's left. She's no longer here?
JUAN TORRES: She's outside.
THE COURT: Okay. That's what I just asked. Is there anyone outside?
JUAN TORRES: She's outside, but she's not coming back in. She told me she's not coming back in.
THE COURT: Okay. All right. So, members of our gallery, good afternoon. I'm going to please ask you to please contain yourself and not to have any emotional outbursts. We had a minor one and the person, whoever it was, had a small outburst, then hid next to another family member and then excused herself during the last -- during the closing. It seemed to be minor in nature, however, I'm advising everyone that at this time, if you believe that you cannot control yourself or your emotional responses during the defense's closing argument or any rebuttal by the State, I'm going to politely ask you to excuse yourselves at this time.
All right. Thank you very much.
Mr. Owens, anything else, sir?
MR. OWENS: No, sir.
THE COURT: All right. State?
THE COURT: All right. Let's bring back in our panel.
COURT STAFF: They're making their selections for dinner.
THE COURT: Okay. Thank you. You-all can be seated. They're making their dinner selections, so we'll give them a couple minutes to do that. Thank you.
(Pause.)
MR. OWENS: Judge, did you check to see if this was working, this speaker that comes straight down?
THE COURT: Yes. Those have been operational Since before we started closings, yes, sir. I got confirmation at 2:17 that they were operational.
MR. OWENS: Thank you.
(Pause. )
MR. OWENS: Judge?
THE COURT: Yes, sir.
MR. OWENS: We just found out that they're splitting up their closing. I think Mr. Jay is going to do the rebuttal. Are the -- are we allowed to split up our closing?
THE COURT: Who's handling rebuttal?
THE COURT: Okay.
MR. OWENS: I don't know if that is allowed by the Court or --
THE COURT: Anything?
THE COURT: If you want to split up your closing between the two of you-all, that's fine by me.
MR. OWENS: Well, I intended on doing the closing, but when I finish, Mr. Henderson wants to say something. I may ask him to.
MR. JAY: I've never seen it done that way. I've understood the sandwich can be broken. I've never ever seen a single closing argument split by another attorney.
THE COURT: If it's a discretionary issue, I'll leave it up to you, sir, on what you want to do and how you want to present your closing.
(Pause.)
THE COURT: Yes, sir, Mr. Jay?
MR. JAY: I would just ask they decide who's going to be designated to object during rebuttal argument.
THE COURT: That's reasonable.
Who would be objecting during rebuttal?
MR. HENDERSON: Mr. Owens.
THE COURT: Okay. There you go.
(Pause.)
COURT STAFF: As soon as they're done, you're ready for them to come in, right?
THE COURT: Yes. Yeah, let's do it.
Are we lining them up?
COURT STAFF: He said they had two more people.
THE COURT: Okay.
(Pause.)
COURT STAFF: All rise. Jury entering.
(Jury entered.)
THE COURT: State, do you recognize our jury?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: I do.
THE COURT: Thank you. You-all may be seated.
Members of the jury, for one of the last times, if you could please raise your hands to confirm that you've complied with the Court's instructions.
All right. All hands have been raised.
Members of the jury, at this time the defense is going to proceed with their closing argument. Similar to the State's closing argument, these are not evidence, these are just arguments, and I ask you to pay attention to them. Thank you.
Mr. Owens, you may proceed, sir.