13.Transition to Deliberations
79 lines(In open court.)
THE COURT: Members of our jury, I want to take a moment and to thank you for your time, your service, and your participation in this very important process. As I said to you last week, be it Monday or Tuesday, maybe even on Wednesday, without your sacrifice and your service, the wheels of justice would simply come to a screeching halt. And on behalf of myself, the State, the defense, and Ms. Boone, we thank you for that sacrifice.
With that, jurors wearing Badge 295, 9, 569, 515, 130, 249, and 448, and 110, you've successfully served as our alternate jurors in this trial. I wish I could give you more than my thanks and a hot meal that's waiting for you, but I do thank you for your service and your sacrifice. The courtroom deputy is going to take you out at this time so you can collect your meal, and I'll meet you back there momentarily to give you your jury certificates. Thank you for your service.
COURT STAFF: Jury exiting.
THE COURT: The rest of you-all, if I didn't call your badge, you need to hang out.
(Alternates exited.)
THE COURT: Thank you. You-all may be seated.
For you six, you are the jury that will be deliberating in this case. I thank you again for your time and your service. The exhibits will be brought back to you momentarily and a meal is waiting for you.
We will work 'til approximately 10:00 tonight if you do not render a verdict before then. And I thank you again for your time and your service. I'm going to ask the courtroom deputy to go ahead and take you back now to the deliberation room.
JUROR: Leave our phone?
THE COURT: You can bring your phone with you. There's a basket that the deputy will take and collect for you. Thank you.
(Jury exits to deliberate at 7:04 p.m.)
THE COURT: You-all can be seated. Thank you very much.
MR. BECK: Your Honor, may I raise something real quickly? Did you intend for the jurors to take their notes back into the deliberation room?
THE COURT: Yes.
MR. BECK: Okay. I would object to that on the grounds that it allows one juror, potentially, to assert that their notes are better than others as opposed to just relying on their memories.
THE COURT: Any response, State?
THE COURT: There's a verdict form -- there's an instruction that I read specifically on that, sir, that no one juror's notes should trump another juror's notes or their memory. So your objection is overruled.
Mr. Jay and/or Mr. Cacciatore, do you have the clean laptop for the review by the defense?
MR. CACCIATORE: We do.
THE COURT: And while we're putting that together, can both the State and the defense review all exhibits that were entered into evidence and confirm they are what they purport to be so that all exhibits that were entered, with the exception of Exhibit 10, the bat, would be sent back to our jury?
MR. OWENS: You want us to review them?
THE COURT: Yes, please.
I'm going to go speak to the alternates and I'll return momentarily. Thank you.
(Pause. )
THE COURT: All right. We're back on the record. 2020-CF-2603, State of Florida vs. Sarah Boone.
State, appearances for the record?
THE COURT: Defense?
MR. OWENS: James Owens for Ms. Boone.
THE COURT: Have the parties had the opportunity to review and inspect all the evidence to be sent back with the jury?
MR. OWENS: The defense has as best as I could.
THE COURT: Okay.
MR. OWENS: I didn't keep a tally, so I trust the clerk's numbering system.
THE COURT: Madam Clerk is the best, so I have no doubts that everything is included.
State, had the opportunity to review it?
THE COURT: All right. And with regard to the laptop, has it been inspected?
COURT STAFF: Yes.
MR. OWENS: Yes, yes.
THE COURT: All right. Okay. So we'll send the exhibits back, with the exception of Exhibit 10, the bat, and the clean laptop to our jury.
Ms. Boone, I've got a couple of questions to go over with you again, ma'am, if I could.
Ma'am, you were sworn previously this morning. You've been present throughout the entire trial, starting last week through today. You've been seated next to your lawyers at counsels' table. You've had the opportunity to observe the opening statements, the direct examination and cross-examination of all the State's witnesses, the direct examination and cross-examination of all the defense witnesses, and the opening -- or the closing statements as well that were presented by both sides. You've also had the opportunity to observe all of the exhibits that were presented as evidence in this case. Are you satisfied with your lawyers up and until this point?
SARAH BOONE: Absolutely.
THE COURT: And are you in agreement with the strategy utilized in your defense?
SARAH BOONE: Yes.
THE COURT: All right. The last issue that I need to address is the State's request for in camera hearing regarding financial arrangements between defendant and defense team. State, what is your concern?
MR. JAY: It's a very expensive defense and she's indigent and there are Bar rules that limit the ways that thing can be done, and I don't know what's going on. It's none of my business unless it's raised ina 3.850. So if there's an in camera proceeding, I would ask it be sealed and there won't be any need to get into it unless there's a 3.850 claim that there's a conflict of interest.
THE COURT: Is there anything other than concern or speculation that you have?
MR. JAY: Just things in passing that have been said and observed. It's a very expensive defense. That's my concern. I don't want her to be able to raise any arguments that, Well, I would have pled if I had a conflict-free lawyer who did not want it to go to trial for his or her own reasons.
THE COURT: Okay. Mr. Owens, is there anything of concern that I need to be aware of in camera?
MR. OWENS: No, sir. And --
THE COURT: Mr. Henderson, same question to you, sir. Is there anything of concern that I need to be aware of in camera or otherwise?
MR. HENDERSON: No, sir.
THE COURT: Mr. Beck, same question for you. Is there anything of concern that I need to be aware of, be it here in or in camera?
THE COURT: All right.
MR. OWENS: Judge, and if you need to inquire from my client about whether or not she wanted to enter a plea or whether she wanted to go to trial, but, you know, we made it clear that it was her decision, not my decision, to go to trial because I'm trying to gain some publicity or money or book deal or whatever, but that was her decision. There was some strong conversations we had about what was on the table, and Ms. Boone, as she has a right to, wanted a trial.
THE COURT: Okay. Mr. Henderson and Mr. Beck, would you agree with Mr. Owens' recitation as to none of the financial issues, being book deals or anything, on the table at this point in time?
MR. HENDERSON: Judge, yes, because I definitely don't know about it.
THE COURT: Mr. Beck, anything to add, sir?
MR. BECK: Only, Your Honor, that I believe this is attorney-client privileged information, but there are no concerns on my behalf.
THE COURT: I colloquied, Mr. Owens, your client before we picked a jury as to the offer in this case and whether or not she was ready and wanted to proceed to trial and she had affirmed at that point in time that that's what she wanted to do, so I see no reason to inquire of that further.
State, is there anything else we need to address?
THE COURT: Defense, anything else?
MR. OWENS: No, sir.
THE COURT: All right. Please give your cell phone numbers to Madam Clerk. We will be on verdict watch. And I thank you-all for your hard work in this case.
We're off the record.
(Brief recess from 7:17 p.m. to 8:47 p.m.)
THE COURT: We are on the record in 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 for Ms. Boone.
MR. OWENS: Mr. Henderson is not going to be here for the remainder.
THE COURT: Okay. All right. Ms. Boone is seated at counsels' table wearing the same clothing from this morning.
Yes, Mr. Beck?
MR. OWENS: Well, Judge, they've got her in chains and they've got her in the ankle handcuffs, so she can't go anywhere. I'm just asking, we would like to rise during the jury coming in. I'm asking if there's any way we can take off the handcuffs and the waist chain so that the jury wouldn't see it in case there's something wrong with the verdict form or, you know, there's an issue, which sometimes happens, but that's my position.
THE COURT: Okay. I've been advised by the sheriff that during the reading of the verdict, due to Ms. Boone's status aS an inmate, the leg irons and the cuffs are to be attached.
MR. OWENS: Well, she's going to stay seated.
THE COURT: That's fine.
MR. OWENS: Mr. Beck is going to stay seated.
MR. JAY: I would ask we all remain seated.
And could you remind everybody in the gallery that there should be no emotional reactions to the verdict.
THE COURT: I was just about to address that, sir. Thank you very much.
All right. Members of the jury, my understanding -- or members of the gallery, good evening. My understanding is that the jury in this matter has reached a verdict. I don't know what it's going to be until it's read. If you are unable to contain yourself emotionally and you're going to react in any way, be it in joy or in sadness, I'm going to ask you politely to excuse yourself at this time. There cannot be any emotional outbursts when the verdict is read. Does everybody understand that?
I see everybody nodding their heads.
Okay. All right. State, are we ready to bring in our jury?
THE COURT: Defense, are we ready to bring in our jury?
MR. OWENS: Yes, Judge.
THE COURT: All right. Let's go ahead and bring in our jury.
Everyone will remain seated.