3.Publication of State's Exhibit 21
52 lines(In open court.)
THE COURT: We appreciate you, ma'am. Thank you so much.
We're going to go ahead and bring in the balance of the panel. You can just hang out where you're at, okay?
COURT STAFF: Jury's entering.
(Jury entered.)
THE COURT: You do not need to stand. We stand for you.
State, do you recognize our jury?
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes, sir.
THE COURT: You-all can be seated. Thank you.
Again, members of the jury, if I can see those hands if you've complied with the Court's instructions during that really short break? Record will reflect all hands have been raised. Thank you very much.
Mr. Jay, you may proceed, sir.
MR. JAY: Permission to publish from State's 21, which was previously marked as P for identification?
THE COURT: You may proceed, sir.
MR. JAY: Again, this is a DVD exhibit with two folders in the main directory. One entry ina folder called attachments, another is a PDF labeled Extraction.
For the record, it is 108 pages, and the entire document will go back to the jury. There will be a laptop provided to them to utilize this exhibit.
For purposes of publication, I'm going to go by page number and date, unless something requires more specificity. And for to and from, I'm going to just use the name of the contact, if one exists, for the phone number if one doesn't.
On page 1, creation time for notes, 7:49, asking Jorge or George, not to be despicable to me, making more drink after he guzzled his and I shared mine.
On Page 2, date, March 8th, 2018, you're now ina relationship with Jorge or George on Facebook. Metadata entry 100014, et cetera, for Jorge Torres to Sarah Boone, owner.
Page 3, May 21st, 2019, from 407-716-8684 to Melissa: And he can still live here, correct? Or until I decide to finally get him out if he doesn't change, clean up his act after tomorrow.
On page 9, May 30th, 2019, from a contact labeled as Mom, paren, Jorge or George, to 407-716-8684, which I will just refer to as owner in future references: Where is my clippers, in the gray box?
From owner to mom Jorge, all capitals: DUMPSTER.
Separate message: Like you.
Separate message: So is your two shirts.
Separate message: No more Rick and Morty.
A response from contact mom Jorge to owner: Okay, okay.
From owner to mom Jorge: Lucas cried when he saw the adventure fund was gone. Thank you. No wonder you're out. Fuck off.
From owner: He's the one that broke it because you took it.
From owner: Wanted to go on adventure.
On to page 10, from owner: Be proud, feel good, you made my, quote-unquote, our son cry. Cheese stick. Lucas. Your kids. Get the fuck out of my life and my son's. No one. No one. No one. Spinster. Good. For. Nothing. Dumpster diver. That's what you are, and the rest of you.
Later on on the same page. Owner to mom Jorge: Get. All of you. Mean. Selfish. Fuck all you. Your first born is a joke.
Going onto Page 11, same date of May 30th, 2019, from owner to mom Jorge: Get the fuck out of my life. Lucas too. Bad influence.
From Jorge to owner: I am as you can see. Go drink your life away.
From owner to mom Jorge: Your kids are too. Yuck. Shucks. I only have one. Beats your three together. Yuck.
Going onto page 12, from owner to mom Jorge, still dated 5/30/2019: Gross and all the time gross.
Mom Jorge to owner: I love that guy. I love that guy. You're the one who kicked me out.
Owner to Jorge mom: Finally. Get your shot [sic] together and check me out in two to three months. Hope you're there. Unless I find someone better. Shit. Together.
From mom Jorge to owner: Are you serious? Are you serious?
Owner to mom Jorge: That's what happens? No.
Mom Jorge to owner: I'm helping out dad right now. Call you ina few.
Owner to mom Jorge: Can you help me put. Out. Fuck. Off.
Jorge mom to owner: How. No problem.
From 267-216-5170 to owner: Damn. You can only talk when you're drunk and talking shit.
Owner to the previously mentioned 267 number: Stop calling, texting my phone. He's not here anymore. And it's damn.
267 number to owner: NP. You didn't have to be a bitch about it.
Owner to 267, going onto page 13, still May 30th, 2019: Yo, I like you-all. He's a dick and the sheriff just left. Sorry I couldn't text back. I'll always respect you-all. You know that he's not here anymore. Yes, I ama bitch. So are you.
267 to owner: Look, I'm not here to being taking shots at you. I never called you a bitch. I said you're acting like one. I'm not going to be here going back and forth on some childish shit. Have a good night.
Owner to the 267 number: Friends forever. Thank you. Would love to chat sometime. Call his parents, I guess.
Further down on page 13, now onto May 31st, 2019, from owner to mom Jorge: Tell Jorge to call me. I want my things he took. I have his birth certificate and propane certificate until then if he wants those back and I have your, quote-unquote, art box.
Mom Jorge to owner: Stop being petty. I did not take anything that wasn't mine. I swear.
Owner to mom Jorge: You are a liar. I never can believe you from all the other lies. You stop being petty and taking shit like you always do. Another one bites the dust, Jorge. Hope you're miserable like you've made everyone else.
Mom Jorge to owner: I'm not lying. Owner to mom Jorge: Lucas said he won't miss you either. When I get mine back, you'll get yours.
Mom Jorge to owner: I didn't take it. I'm coming over ina few to get my stuff and I'm coming with Jean and Melissa.
Going onto page 14. Owner to mom Jorge: Go for it. Bring mine W.
Mom Jorge to owner: I don't have anything of yours, that's why I'm coming with them so they can very, very [sic] that.
Owner to mom Jorge: I don't care. They're not going to babysit you because you're an asshole and got kicked out after being taken off the lease.
Mom Jorge to owner: They seen what I had in my hands.
Owner to mom Jorge: Still don't care or believe you. I'm going to get Lucas anyway so don't waste their time or mine.
Mom Jorge to owner: Exactly.
Owner to mom Jorge: You were a visitor and a terrible resident, boyfriend too. Just go away unless you bring my stuff.
Mom Jorge to owner: I don't have your shit Sarah. I need my birth certificate.
Owner to mom Jorge: I don't give a shit either. I worked for that birth certificate, voters registration, and your ID card. Just because your name is on them doesn't make them yours. Even paid for them. I needed you to be a man and take care of me, not beat me, call me names, and make me feel like I'm not a person. Not giving back until I have mine.
Mom Jorge to owner: Whatever Sarah.
Owner to mom Jorge: Next step is restraining order. Know that. You can come over here a hundred times, doesn't mean I have to open the door. Good one, Jorge. Go away.
Mom Jorge to owner: Whatever.
Owner to mom Jorge: It's been a great day without you. Will be from now on.
Mom Jorge to owner: You need to do --
Owner to mom Jorge: Enjoying living with your parents at 41 with no girlfriend and lonely. It was the inevitable just like it has been before.
Owner to Jorge mom. Did you take Lucas' sunglasses?
Mom Jorge to owner: OMFG, no, I did not.
Turning to June 2nd, page 15, 1:10:57 a.m., from owner to mom Jorge: Jorge, question mark. Call me. If Jorge is with you, can you have him call me, please.
Text to Moe, 1:18:16 seconds on June 2nd, owner to mom Jorge: I beat you to the punch. Want to do the dartboard with me. Come.
Owner to Moe: I know you won't answer, Moe. Tell him to come finish the dartboard with me, please.
Owner to Moe: I miss him.
Owner to mom Jorge: Ask Jorge to call me, please, when he gets a minute.
June 2nd, 7:43:40 a.m.: Can you have Jorge call me, please, when he gets a chance if he's with you.
7:45 a.m., owner to Moe, going onto page 16, June 2nd, 2019, 10:50 a.m., 55 seconds, owner to Moe: Uh, hello, can you please have Jorge call me. Willing to give back. Don't know if he's there or at parents". Really want to see him.
Owner to mom Jorge, at 10:52:16 a.m.: Not pursuing after 12:00 o'clock ever again.
12:19 p.m., 23 seconds, owner to mom Jorge: Please call. Come over. I'll come get you. Come over, please. I need a super hug. Hugs. Please. Need. You.
6:23 p.m., owner to Anna: He doesn't live here anymore. Call parents or Moe. In response to an incoming phone call that was made at 6:10 p.m. 54 seconds from Anna to owner.
Entries 9803, 9804, in the PDF timeline, June 2nd, 2019, image 0092.HEIC, capture time 6:33:01 p.m., image 0093.HEIC, captured 6:33:26 p.m.
Publishing from attachments, image underscore 0092, metadata showing 6/2/2019, 6:33 p.m.
And image or IMG underscore 0093 meta date, date taken 6/2/2019, 6:33 p.m.
6:34 p.m. 51 seconds, June 2nd, 2019, outgoing from owner to mom Jorge: All up to you now, big boy.
For the record, those images were sent to mom Jorge at 6:34 p.m. 33 seconds: Look what you made me do. Or maybe your mom will for you.
Response from mom Jorge to owner: Wow. That's really childish.
Owner to mom Jorge: But effective.
Mom Jorge to owner: Yeah. I see what you are doing. Did Lucas leave?
Owner to mom Jorge: I'm watching shadows. Be gone for good, minus birth certificate.
Mom Jorge to owner: Okay. Cool, enjoy.
Owner to mom Jorge: Am. Nice. You're. Not. And nice was from mom Jorge to owner.
Going onto page 17. This is still June 2nd, 2019. Mom Jorge to owner: Yes, I am. You are not, though.
Owner to mom Jorge: To who? Your mom, brothers, not me.
Mom Jorge to owner: To everyone.
Owner to mom Jorge: But me.
Mom Jorge to owner: I love you.
Owner to mom Jorge: I'm going out at 8:00. Get dressed. I've given you since noon. Peace out, boyscout.
Mom Jorge to owner: I'm coming over with a handle. I was helping pop all day cut grass. Owner to mom Jorge: Yay, you. Getting in the shower then out. Buh-bye.
Mom Jorge to owner --
MR. OWENS: Judge, can we approach the bench?
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, sir?
MR. OWENS: This is the problem that I tried to address at the beginning about having somebody else reading these texts. He's changing his tone during the reading of the texts, which is what I thought he would probably try to do. I object.
THE COURT: Anything further?
MR. OWENS: No, sir.
THE COURT: Overruled.
(In open court.)
THE COURT: Okay. Overruled.
MR. JAY: I'm already showered and dressed.
Mom Jorge to owner: Hello.
Text from Anna to owner: You're rude as hell, but okay.
Owner to Anna: Your dad is a POS, but okay. At least you know and will stop calling.
Owner to Anna: Futile.
Anna to owner: CTFU as you are a piece of shit. But that's God's business, not mine. Have a good day. Coke whore. Since you like to switch it up, I'll do the same. Don't text me back either. Fake ass.
Page 20 of 108, June 9th, 2019, from owner to Phillip: He's off the lease. The process has begun.
Page 22, June 11th, 2019, the metadata only shows to mom Jorge: You tell your son he's not welcome here. Taken off the lease and bound worthless. Don't show his ugly fucked up face around here again. Police will be called. Ask him if it was worth it and ride my bike he has. Stay Hispanic. That's what you-all are. And he can watch all the porn he wants from the phone mom gave him.
Page 26, June 14th, 2019, 11:38:56 p.m., to Mom Jorge: Wow. Congrats. Blackouts and whorring. We wanted to see him. Hot house. Seven people. Mission to work on my bike. Repeat. Candy Crush. Fuck himself. Shit job. Repeat.
Same page, June 15th, 2019, 7:37 p.m. 48 seconds, to Melissa: Just an FYI. If my place gets F'd up, letting you know he's in jail. Thanks for the prompts. I'm at my ex's house. Please don't let this reflect on me as a tenant. You said to call cops. I did. He's gone. We're both proud now. I consider you my friend. Melissa, why was he in your apartment?
Page 38, notes, creation time, June 26, 2019, 5:56:57 a.m., 6:14, X videos, 10:03 a.m., Sarah Banks, 53 Banks, 6:13. Metro activation 6:12.
Skipping down, X videos, 6/2, 6:13 p.m., X videos 6/1. X videos, 5/31, 9:56A.
Who's Christine, paren, FBT. Going to meet up, question. Calling her beautiful, question. Said she thought you were avoiding her when down here. Said no I was not beautiful.
FB-Nonchalant Quaay. Thanks for adding me. You are exquisite.
Facebook messaging Camille, 6/13, 9:42. Facebook -- or FB Pamela Erickson, sending pictures of yourself, telling her good morning.
7/14, 12:13 a.m., FB-Crystal: Going to woo her. Sweep her off her feet. Going to change her mind. Luck is my middle name. Sent her pics. Kiss Emojis. Called her beautiful after returning to the convo. Send -- said you had to pick up your brother. Sent pics of beer. Sent her struts. Could have been me. Sent her songs, but not me. Messaged bunny kiss Emojis, cont, convo. Sent puppy kiss Emoji. Would love to take her out and see a movie. Told her about what we do in shadows. Would love to watch Creed II with her. Want to snuggle with her and eat popcorn. Sent heart hugging Emoji. Want to play a board game with her. Asked to Facetime call her. Called her amazing.
Messaging at 7:30a, 6/14, 6/15, two days.
FB-Crystal, liking all her posts, quote, losing someone who doesn't respect or appreciate you is actually a gain, not a loss. Can't compare me to the next girl because there is no competition. I'm one of a kind and that's real.
Continuing on to page 39, same note: I found everything on your phone. All your messenger texts telling Christine you want to meet up with her when she's here, calling her beautiful, thanking Nonchalant Quaay for adding you and calling her exquisite. Telling Pamela Anderson -- Erickson, good morning, and sending pictures at 12:38 a.m., messaging Camille and the whole two-day convo with Crystal. How dare you. And sent pictures wearing my wedding ring. You're a cheating, lying scumbag. I will never trust you. Why don't you put your mugshot up or I will since I have your phone and login and tell everyone why you are in jail for the third time. Let them know you beat your wife and she put you there because she couldn't take it anymore. I want nothing to do with you ever again. I've become a different person since you've been gone with less stress, anxiety, and worry. I feel safe, comfortable, happier with you not here or seeing you at all. I can say, though, I do have heartbreak after going through your phone. Thank you for always proving me right. I knew when you told me your mom gave you one that you'd be back to your slimy ways. You will never change. I hope it was all worth it. All of it. Including taking, losing my debit card for the third time, buying beer and cigarettes which put you back where you belong. I know for a fact you were not worth any of it. I just can't believe after everything, everything I've done for you, including all I did to get you out of jail and you do this to me. This is cheating.
Goes on to page 40, goes on to page 41, and ends with: Never truly yours.
Page 42, June 26th, 2019, 8:06 p.m., 16 seconds, outgoing from owner to Moe: Just wanted to let you know to tell Jorge I found all his messages, kissing face, heart Emojis with Crystal and other bitches on FB, along with all his porn after he swore to me he wasn't doing any of that anymore.
I'm not doing anything more for him and I will try and keep him in jail as long as I can. Cheating snake weasel. Ask him all about it or have your parents the next time they talk to him. I'm not anymore. So hurtful after all I have done for him. He can rot in there for all I care.
Going on to page 43, to Moe from owner: And I will be there for the hearing next week and his arraignment on both charges. Peace out, fucks, aka, Torres.
Same page 43, from owner to Moe, 6/26, 2019, 9:59:14 p.m., begins: Hi, I was thinking you could get out. I'd really love it if you'd take me to a movie or we could snuggle like we do and watch Creed II, get some popcorn and pretzels, maybe talk about what kind of other movies we like or find a fun board game to play together. I know your favorite is Abalone. What do you think?
I was also thinking the other day how much I miss you sending me pictures of yourself throughout the day. Sending me songs I wanted to hear or thought I'd like, but what I really miss are the kissy love Emojis you would send just because I really miss those. Especially the ones with hearts. They'd always make me smile. I knew you were thinking about me.
You do Crystal, though. Even asked her to Facetime. What would you do if you found me having this convo with Ben or John or anyone other than you? I'd be beaten to a bloody pulp, and don't do any of these things anymore, but yet you wear your wedding ring and mine around your neck and tell me how much you love me. But you're telling this woman who looks like TPT, you want to snuggle with, take out to a movie, play board games with, questions, sending music, cutesy, kissy love Emojis to like you used to me. Telling her you want to woo her, sweep her off her feet. How do you think that makes me feel? Why don't you say that to me.
Going on through the rest of page 43, page 44, including on page 44: Dirty cheat. Enjoy your porn and jerking yourself off secretly so your parents don't see you and your ugly new girlfriends. I can't wait to finally be with a real man, Ben, who will and has taken care of me. Can't wait to see what he's like in bed. I already know he kisses. Hope it was all worth it. I'm free. As you told Crystal on your messenger text, you're single with a little cutesy dancing dinosaur. Wow. Now you really are. You're despicable.
Next text is XOXO from Moe to owner.
Page 50, 6/28/2019, 10:55:47 p.m., from owner to Moe: Just know, I can do so much more damage than all of you put together. Know that.
Going on to page 51. Try me.
Page 72, July 20th, 2019, 11:11:34 p.m., from Janice to owner, no metadata, but from Janice: Sorry it's so late. I just read your text. He seemed fine when I saw him at your apartment this morning. He answered the door right away, but was quite bummed out that he overslept, but I was okay and told him, no problem. Just get ready and come in -- come to work in about half an hour. Then I texted your phone and asked if he would rather work the afternoon shift and get some sleep, but he never answered, so I have no idea where he is or what he's doing. What happened last night? He had a black eye. He said it was new 'cause I asked him and I told him to put makeup on it. He said he taken -- he had that taken care of. Did you two get in it again? He acted like he -- when I told him he had a black eye, at first he didn't know what I was talking about. I guess he kind of blacked out. You can text me back if you want.
11:30 p.m., 38 seconds, from owner to mom Jorge: Janice just called me looking for Jorge and she's pissed. Congrats.
Page 82, 8/21 -- August 21st, 2019, from Jorge to owner: I love you, my friend, my love, my queen, my everything.
Your Honor, that concludes everything I'm going to publish to the jury on this exhibit.
MR. OWENS: Judge, can we approach the bench?
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, sir?
MR. OWENS: Judge, I understand they introduced that exhibit, a copy of the exhibit, which was 111 pages, but we did not know which ones he was going to cherrypick and read to the jury, so there needs to be some kind of instruction that explains what just happened. I'm thinking something like out of 108 pages that are the exhibit, the prosecutor elected to read these sections to the jury now. These text messages are not all of the ones on the phone. Those that are highlighted have been -- were selected to be read by the state attorney, something like that.
And also, Sarah Boone and Jorge Torres shared that phone, some of the messages may be those of Jorge Torres.
THE COURT: I'm a little hesitant -- you're covering the microphone. I'm a little hesitant to give the second part that Jorge Torres and Ms. Boone shared the phone. That's me commenting on the evidence. I'm not allowed to do that.
MR. OWENS: You agree they shared the phone?
MR. JAY: I think you're more than welcome to point that out in closing. I think I said it in openings --
THE COURT: I'm disinclined to do that. I'm not allowed to comment on the evidence.
MR. OWENS: Okay. Then I think one of the other instructions we're going to ask is that the prosecutor jumps pages. He went from page 4324, which was July 26 of 2019, and then he jumped to page 4336, to August the 19th of 2019, as he was reading that. So the jury, I believe, needs to understand all that.
THE COURT: I'm disinclined to identify specific pages. Again, I think that's me commenting on the evidence. I'm not on board with something along the lines of -- was Exhibit 21 just at 108 pages or it's everything that's included, including those pictures and everything else, right?
THE COURT: Which was published yesterday. Okay. So what if I had the -- something along the lines of, the State has concluded their presentation of State's Exhibit 21. It is not inclusive with everything. The State identified certain portions for you and that the entire exhibit will go back to you in the deliberation room for your review. Does that work for you, sir?
MR. OWENS: I trust your judgment.
MR. JAY: It sounds verbatim as to what I said at the beginning, and if it needs to come from the Court, I don't have a problem with that.
THE COURT: I don't have a problem saying that. I'll do my best to remember what I just said.
MR. OWENS: You want to write it down?
THE COURT: I want to write it down because I kind of just spit that off the top of my dome.
MR. OWENS: And, of course, Sarah Boone wanted me to let the judge know that the context of all the read text messages by the State were not read in their entirety. I think she means maybe the thread of the text messages. This changes the understanding by not knowing the whole message. The State only selected what they wanted you to hear, and it was not complete.
Also, she objects by his tone and the way he was changing -- it changed the understanding. Some were not read properly in the light of manner as they were meant to be sent by the defendant. The cadence -- she's saying they had a special cadence between each other about the way they talked to each other and he miss -- by his tone, he was misrepresenting their cadence by him reading those to the jury.
THE COURT: I didn't see any heightened change in Mr. Jay's tone as he read the text messages. They were read ina flat manner. There was no emphasis on certain words on other -- thought it was read ina benign tone as best as possible.
As to the cadence of the conversations between Ms. Boone and Mr. Torres, I can't speak to that. I don't know that anybody can speak to that other than Ms. Boone.
I don't find any issue with the way in which the State delivered the reading of the instructions. The tone was flat, it was benign, and there was no raising and lowering of pitch to add any drama to the text messages that were highlighted, so I'm going to overrule that objection.
MR. OWENS: Okay. My only suggestion when the jury is out, if you can go ahead and announce that so that Sarah Boone can hear it.
THE COURT: JI don't have a problem with that. I'm fine with that. That's fine. Let me go back to instructing.
What about something along the lines of: Members of the jury, the State showed you portions of State's Exhibit 21. It is not the entire exhibit. The entire exhibit will be sent back to you on a laptop for your review during deliberations.
Is that acceptable?
MR. OWENS: Yes.
THE COURT: Anything else we need to address, sir?
MR. OWENS: No, sir.
THE COURT: Anything else, State?
THE COURT: Okay. Thank you very much.