4.Panel 4 Voir Dire — Cause Challenges, Publicity, and Remaining-Pool Confirmation
513 lines(In open court.)
THE COURT: All right. Members of the jury, we're going to go ahead and take our afternoon break at this point in time.
I'm just going to give you a simple instruction. Please don't discuss this case. There's no case. You don't even know why you're here yet. You don't know what the charge is. We don't know what the facts are. We don't know anything yet. So I'm going to ask you to not talk about this case, what you think it's about, your jury service, anything along those lines. Don't do any investigation or research on your phones, once you can turn them on, about what this case is about.
You can talk about anything you want. You can talk about how terrible Florida State football is, how begrudgingly bad the Gators are, how the Hurricanes are probably the best team in Florida, whatever else, okay, but you can't talk about this case.
And we'll bring you back in as promptly as possible, and I thank you so much for your service. Don't leave the 12th floor. Stay here, okay? Thank you.
(Venire Panel 4 exits.)
THE COURT: You-all can be seated.
Take a moment, go ahead and review your notes, and when you're ready, just give me a thumbs up and we'll get back on the record.
We'll be in a brief recess until that time. Thank you.
(Brief recess from 3:06 p.m. to 3:16 p.m.)
THE COURT: We're back on the record. 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 Sarah Boone.
MR. HENDERSON: Tony Henderson for Sarah Boone.
THE COURT: All right. You-all had the opportunity to review your notes. Let's proceed with any cause challenges, starting with juror in Seat No. 1.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat No. 1, wearing Badge 344, will be stricken for cause by way of stipulation.
Seat 2?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 2, wearing Badge 371, has been stricken for cause by way of stipulation.
3?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 3, wearing Badge 123, has been stricken for cause by way of stipulation.
Juror in Seat 4, wearing Badge 452, was previously struck for cause.
Moving to juror in Seat No. 5.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 5, wearing Badge 497, has been struck for cause by way of stipulation.
6?
MR. HENDERSON: No motion.
THE COURT: 7?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 7, wearing Badge 33, has been struck for cause by way of stipulation.
8?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 8, wearing Badge 438, has been struck for cause by way of stipulation.
9?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat No. 9, wearing Badge 298, has been struck for cause by way of stipulation.
10?
MR. HENDERSON: No motion.
THE COURT: 11?
MR. HENDERSON: No motion.
THE COURT: 12?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 12, wearing Badge 75, has been struck for cause by way of stipulation.
13?
MR. HENDERSON: No motion.
THE COURT: 14?
MR. HENDERSON: No motion.
THE COURT: 15?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 15, wearing Badge 488, has been struck for cause by way of stipulation.
16?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 16 has been struck for cause by way of stipulation.
17?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 17 has been struck for cause by way of stipulation.
16 is Badge 241; 17, 5046; and 15, 488.
Moving to 18.
MR. HENDERSON: No motion.
THE COURT: 19?
MR. HENDERSON: No motion.
THE COURT: 20?
MR. HENDERSON: No motion.
THE COURT: 21?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 21, wearing Badge 307, has been struck for cause by way of stipulation.
22?
MR. HENDERSON: No motion.
THE COURT: 23?
MR. HENDERSON: No motion.
THE COURT: 24?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 24, wearing Badge 121, has been struck for cause by way of stipulation.
Jurors in Seat 25, wearing Badge 204, and 26, wearing Badge 407, were previously struck for cause by way of stipulation.
27?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 27, wearing Badge 505, has been struck for cause by way of stipulation.
28?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 28 has been struck for cause by way of stipulation, wearing Badge 171.
29?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 29, wearing Badge 44, has been struck for cause by way of stipulation.
30?
MR. HENDERSON: No motion.
THE COURT: 31?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 31, wearing Badge 542, has been struck for cause by way of stipulation.
Jurors in Seats 32 and 33, wearing Badge 149 and 373 respectively, have been previously struck for cause by stipulation.
34?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 34 has been struck for cause by way of stipulation. Juror in Seat 34 is wearing Badge 525.
Juror in Seat 35, wearing Badge 337, has previously been struck for cause by way of stipulation.
36?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 36, wearing Badge 431, has been struck for cause by way of stipulation.
Juror in Seat 37, wearing Badge 548, has previously been struck by way of stipulation.
Juror in Seat 38?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 38, wearing Badge 294, has been struck for cause by way of stipulation.
39?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 39, wearing Badge 136, has been struck for cause by way of stipulation.
40?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 40, wearing Badge 213, has been struck for cause by way of stipulation.
Juror in Seat 41, wearing Badge 566, was previously struck for cause.
42?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 42, wearing Badge 36, has been struck for cause by way of stipulation.
43?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 43, wearing Badge 252, has been struck for cause by way of stipulation.
44?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 44 has been struck for cause by way of stipulation, wearing Badge 147.
Juror in Seat 45, wearing Badge 401, was previously struck for cause by way of stipulation.
46?
THE COURT: Okay. Other than 47, wearing Badge 3056 [sic], which was previously struck for cause.
Any other cause challenges, defense, with regard to Jurors 46, 48, 49, or 50?
MR. HENDERSON: Yes, Juror No. 46. The reason for cause was travel.
THE COURT: Juror in Seat 46, wearing Badge 82, will be struck for cause by stipulation.
Any additional peremptory [sic] strikes?
THE COURT: Or, I'm sorry, not peremptory; cause challenges. Forgive me.
THE COURT: Defense?
MR. HENDERSON: Judge?
THE COURT: Yes, Sir.
MR. HENDERSON: Juror No. 48 --
THE COURT: Yes, sir.
MR. HENDERSON: -- because of the mild hearing loss. I know you asked her about her scale. I think she said the scale was nine.
THE COURT: Nine out of ten, yes, sir.
MR. HENDERSON: And -- however, she said when people were over here, she couldn't quite understand what they're saying, and then she also stated about accents being a problem with the hearing. I'd move for cause.
THE COURT: Response?
THE COURT: I'm going to overrule your cause challenge at this time. She identified nine out of ten, could hear fine with the microphones. And everyone will be speaking into a microphone during the course of the trial. And if hearing aids are necessary, that service can be provided.
Anything further, defense?
MR. HENDERSON: No other cause challenges.
THE COURT: Okay. All right. Thank you very much.
So what the Court has of our remaining panel is jurors seated in Seats 6, 10, 11, 13, 14, 18, 19, 20, 22, 23, 30, 48 through 50 inclusive.
THE COURT: Defense?
MR. HENDERSON: Agree.
THE COURT: Do we want to go ahead and bring in Juror No. 23 who advised that he wanted to address a matter in private before we bring in the balance of our panel?
THE COURT: Defense?
MR. HENDERSON: Yes, sir.
THE COURT: All right. Let's bring in Juror No. 23, wearing Badge 160, please.
(Venire Badge 160 entered.)
THE COURT: You-all can be seated. Thank you.
Juror in Seat 23, good afternoon, sir. You said that there was something you would like to talk to us in private. Go ahead, sir.
JUROR: Yes. I had an open -- we'll Say situation. I can't sit down for very long times, and I had a urinary -- I do have to wear pull-up 24/7. I'm very embarrassed.
THE COURT: Okay.
JUROR: That's my problem.
THE COURT: All right. Thank you, sir, for letting us know that.
JUROR: Yes.
THE COURT: State, do you have any questions?
THE COURT: Defense, do you have any questions?
MR. HENDERSON: None, Your Honor.
THE COURT: All right. Can you-all approach for a moment?
(At the bench.)
THE COURT: State?
THE COURT: Response?
MR. HENDERSON: Stipulate.
THE COURT: All right. Thank you.
(In open court.)
THE COURT: All right. Sir, thank you so much for addressing that with us in private. We're going to go ahead and release you, sir, from your jury service. You can head back down to the first floor to Jury Services where you checked in. They'll give you any additional instructions and validate your parking, sir, and I thank you very much. So head back down to the first floor where you were this morning, sir, okay?
JUROR: Thank you.
THE COURT: Thank you, sir.
JUROR: All right.
THE COURT: Juror in Seat 23, wearing Badge 160, has been struck for cause by way of stipulation.
(Venire Badge 160 exited.)
THE COURT: State, are we prepared to bring back in the balance of our panel?
THE COURT: Defense?
MR. OWENS: Yes.
THE COURT: Okay. Let's go ahead and stand and bring back in our panel, please.
Only the ones we're keeping. Only the ones we're keeping. Everybody else discharge and tell them they can go back to the first floor. Thank you.
(Above-mentioned venirepersons entered.)
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Judge.
THE COURT: All right. Thank you. You-all can be seated.
Members of our panel, if you could just raise your paddles if you complied with the Court's instructions during our break.
All right. All paddles have been raised.
Now, members of our panel, I know I said a little bit earlier this afternoon that we were here ina criminal case. And in every criminal case, the State of Florida files a document called an Information, and the Information just informs us of the charge that Ms. Boone is facing in this case and that the State will have the burden of proving beyond and to the exclusion of each and every reasonable doubt during trial. This document is not evidence. It should not be given any weight whatsoever. It is not evidence of guilt, and it 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 evidencing [sic] a depraved mind, regardless of human life, did kill Jorge Torres.
Raise your paddles if you know anything about this case or the people involved.
All right. The Court sees no paddles.
Now, members of our panel, this is not -- this is a murder case, however, the State is not seeking the death penalty in this case.
Has anyone ever seen a video of a man ina Suitcase? If you have, please raise your paddles at this time.
Juror No. 18, Juror No. 20, Juror No. 22. Thank you.
JUROR: I have not seen the man, but I seen the suitcase.
THE COURT: Got it. We'll have additional questions for you in just a moment, sir. Thank you.
Has anyone commented on any social media platform or chat room regarding or about a video of a man ina Suitcase? If you have, raise those paddles.
The Court sees no paddles.
Has anyone seen a video of Ms. Boone being interrogated by police? If you've seen such a video, please raise your paddle.
JUROR: Her name is familiar, but that's...
THE COURT: Thank you, Juror No. 10.
Has anyone commented on any social media platforms or chat rooms regarding an interview between the police and Sarah Boone? Raise your paddles if you've done that.
The Court sees no paddles.
Has anyone viewed any body-worn camera videos showing interactions between the police and Ms. Boone? If you've seen such body-worn camera videos, please raise your paddles.
The Court sees no paddles.
Has anyone commented on any social media platforms or chat rooms regarding any videos of body-worn camera showing interactions between Ms. Boone and law enforcement? If you've done such things, please raise your paddle.
The Court sees no paddles.
Has anyone commented on -- or has anyone posted or commented on any social media platforms or chat rooms about Ms. Boone? If you've done that, please raise your paddles.
The Court sees no paddles.
Has anyone read any posts or comments on any social media platforms or chat rooms about Ms. Boone? If you've read such -- or seen such things, raise your paddles.
Juror No. 10, yes?
JUROR: She's familiar, but I don't know anything about her specifically.
THE COURT: Okay. We'll follow up with you on that, ma'am, momentarily. Thank you.
Has anyone liked any posts or comments on any social media platforms or chat rooms regarding or about Ms. Boone? Raise your paddles.
The Court sees no paddles.
Has anyone shared any posts or comments on any social media platform or chat room about Ms. Boone? If you've done that, raise your paddles.
The Court sees no paddles.
Has anyone learned anything about this case prior to today? Raise your paddles.
Juror No. 20. Thank you. 18 as well. Thank you.
Is anyone following or reading any filings on the Clerk of the Court's website here in Orange County about this case? If you're following or reviewing any of the court filings in this case that are observable on the Orange County Clerk of the Court's webpage, please raise your paddles at this time.
The Court sees no paddles.
Is anyone directly observing, reading, or watching coverage of this case from any news source, whether it's video, print, or commentary? If you're doing that, please raise your paddles.
The Court sees no paddles.
After hearing the charge in this case, without knowing anything else, do any of you have such strong feelings or opinions that you believe that you could not serve as a juror in this case? If you have such opinions or thoughts, please raise your paddles at this time.
The Court sees no paddles.
Can the parties approach?
(At the bench.)
THE COURT: My thoughts at this time would be to remove everybody and then bring in 10, 18, 20, and 22 individually. Acceptable?
MR. HENDERSON: Agree.
THE COURT: All right. Thank you.
(In open court.)
THE COURT: All right. Members of our panel, I'm going to excuse you again outside and give you a Similar instruction to what I gave you previously. There's still no case. We know what the charge is, but we don't know any of the facts yet. So please don't discuss it, don't discuss what your thoughts are, don't research anything, don't look up anything on the internet, and don't do any independent investigation as to persons, places, or charge involved in this case. We're going to bring some of you in individually. Just hang out here on the 12th floor. And I thank you again for your time and your patience.
(Venire Panel 4 exits.)
THE COURT: All right. You-all can be seated. Thank you.
Let's go ahead and bring in juror in Seat 10, wearing Badge 122.
(Venire Badge 122 entered.)
THE COURT: Juror No. 10, good afternoon, ma'am.
JUROR: Hello.
THE COURT: You said that Ms. Boone's name was familiar to you --
JUROR: Yes.
THE COURT: -- when I was asking you about an interrogation or knowledge of the case. Have you ever watched any videos of an interrogation between Ms. Boone and --
JUROR: I remember seeing a video where she didn't have any makeup on and she was, like, yelling. And the name, like, Sarah Boone is, like, vaguely familiar, but I don't know anything specifically.
THE COURT: When was -- when in time did you see that?
JUROR: I don't know.
THE COURT: Months, days, weeks, years ago?
JUROR: Probably months, yeah.
THE COURT: Okay. Have you done anything actively to follow this case?
JUROR: No. Probably just TikTok.
THE COURT: Okay. Have you seen anything on TikTok about this case?
JUROR: That's probably where I saw it.
THE COURT: Okay. All right. Have you watched anything or read anything recently?
JUROR: No.
THE COURT: Okay. Have you formulated any opinions about this case?
JUROR: I don't know what happened, so no.
THE COURT: Okay. Thank you.
State, any follow-up?
THE COURT: Defense, any follow-up?
MR. HENDERSON: Ma'am, have you talked to anyone about this case?
JUROR: No. It's just one of the many things on TikTok probably.
MR. HENDERSON: Have you talked to anyone about the video that you saw on TikTok?
JUROR: Uh-uh.
MR. HENDERSON: Does TikTok have a way that you can like or share a video?
JUROR: Yes.
MR. HENDERSON: Did you do that in regards to this video?
JUROR: I try not to like all the bad stuff, so...
MR. HENDERSON: Okay.
JUROR: If I saw it, I probably didn't.
MR. HENDERSON: Okay. Do you have an independent memory if you did or not?
JUROR: Uh-uh.
MR. HENDERSON: I'm sorry, is that yes or no?
JUROR: No.
MR. HENDERSON: No? Okay. And just to be clear, have you shared this video with anyone?
JUROR: Probably not.
MR. HENDERSON: And when you say probably --
JUROR: Well, if it was -- if it was on TikTok, then no. And I don't really share anything on Facebook reels or anything, so...
MR. HENDERSON: Okay. Have you seen any videos on Facebook?
JUROR: Yes.
MR. HENDERSON: All right.
JUROR: Just, like, in general?
MR. HENDERSON: Which videos have you seen on Facebook?
JUROR: Just reels. Just, like, random -- not, like, anything specifically.
MR. HENDERSON: Not, like, anything specifically?
JUROR: Like, I -- like, if I did see anything about the case, like, it's not, like, seared into my memory.
MR. HENDERSON: Okay. Have you seen a video of a man in a suitcase? Have you seen that video?
JUROR: No. And if I did, I, like, pushed it out of my memory.
MR. HENDERSON: Okay. Have you seen a video of Ms. Boone being interrogated?
JUROR: That's probably what I saw, if I saw anything.
MR. HENDERSON: All right. Did you watch the video?
JUROR: Probably.
MR. HENDERSON: Do you remember anything from that video?
JUROR: No. Her face is -- I recognize her face a little, but it's not anything for me to, like, place it. It's just like you've seen someone before.
MR. HENDERSON: Okay. Do you know if that video that you saw was inside or outside?
JUROR: Outside.
MR. HENDERSON: It was outside video?
JUROR: If it was her, then it was outside.
MR. HENDERSON: All right. Have you seen any inside video regarding Ms. Boone?
JUROR: I don't think so.
MR. HENDERSON: Okay. Now, as to these videos and the things that you know, have you formulated an opinion about this case?
JUROR: I don't know what the case is, so no.
MR. HENDERSON: Okay. When you saw these videos, what did you say to yourself?
JUROR: It looks bad.
MR. HENDERSON: Okay.
JUROR: I feel like any video of, like, someone being interrogated on TikTok is always, like, negative, like, in a negative light, so...
MR. HENDERSON: Okay. So you had the -- you had the impression that it looked bad. Can you set that aside and be a fair and impartial juror or is that already in your mind that it looks bad?
JUROR: I am not sure.
MR. HENDERSON: Well, I'll shorten it a little bit. Going back to something that the judge said, but if I was a pilot and you were flying on the plane and I said, Hey, put your seatbacks up, buckle up, I think I can land this plane, would that concern you?
JUROR: Yes.
MR. HENDERSON: Okay. So do you know if not -- or not -- or do you even have a hesitation about being able to be fair and impartial and setting aside -- the opinions that you've already formed, setting them aside?
JUROR: I feel like if I saw a picture in the court case of someone in a suitcase, it would, like, freak me out a little bit, so I don't think so.
MR. HENDERSON: Thank you and thank you for your candor.
No further questions, Your Honor.
THE COURT: Any follow-up, State?
THE COURT: Can you-all approach?
(At the bench.)
THE COURT: State?
THE COURT: Defense?
MR. HENDERSON: Move for cause.
THE COURT: State, any response?
THE COURT: Okay. Court is going to -- the concern that I have is that she's not sure if she could get over the negative implication of the interrogation, and we're uncertain as to her opinions that she may have already formulated in this case, if she would be able to set those aside. Counsel's question was pretty clear and her answer was she was not sure, so I'm going to agree with the defense and strike Juror No. 10 with Badge 122 for cause. Thank you.
(In open court.)
THE COURT: All right. Ma'am, I've had the opportunity to speak with the lawyers. Thank you for your patience. We're going to go ahead and discharge you from your service in this case. You can head back down to the first floor Jury Services, check in there, they'll validate your parking and give you any paperwork you need. Thank you so much, ma'am.
(Venire Badge 122 exited.)
THE COURT: Juror in Seat 10, wearing Badge 122, was stricken for cause by the defendant's raising, over the State's objection.
Let's bring in --
THE COURT: Oh. Thank you, sir. I appreciate the clarification. Fair enough.
-- Seat 18, wearing Badge 274. Let's all stand up, please.
(Venire Badge 274 entered.)
THE COURT: You-all can be seated. Thank you.
Juror in Seat 18, you had advised that you may have seen a video of a man ina suitcase. Could you elaborate what you saw?
JUROR: I just saw a video on -- it was either Instagram or Reddit or some social media of a man in a suitcase, yes.
THE COURT: Did you watch an entire video or just a portion of it?
JUROR: Just a portion.
THE COURT: Okay. How long do you recall that video was?
JUROR: Probably 10 or 15 seconds, I think.
THE COURT: Okay. When in time did you watch that video; days, weeks, months, years ago?
JUROR: I think it was -- it was a couple weeks ago.
THE COURT: Okay. Is it something that you were looking at -- looking for or you just happened to stumble upon it?
JUROR: I just happened to see it.
THE COURT: Okay. Have you seen any other videos Since that time --
JUROR: No.
THE COURT: -- related to this case? Have you seen any other videos of a man in a suitcase?
JUROR: No.
THE COURT: Or an interrogation by law enforcement with Ms. Boone?
JUROR: No.
THE COURT: Or any bodycam footage showing interactions or conversations with Ms. Boone and law enforcement?
JUROR: No.
THE COURT: And did you form any opinions about what may have happened after viewing that video of a man in a suitcase?
JUROR: I felt bad for him.
THE COURT: Okay. All right. Understanding that you saw this video, could you set that aside and only view and rely on the evidence and testimony presented here in this courtroom if you were asked to serve -- bless you -- aS a juror in this case?
JUROR: I do not believe so.
THE COURT: You do not believe you could set it aside?
JUROR: No.
THE COURT: Okay. I appreciate your honesty, sir. Thank you very much.
State, any follow-up?
THE COURT: Defense, any follow-up?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. Can you-all approach for a moment?
(At the bench.)
THE COURT: State?
THE COURT: Response?
MR. HENDERSON: Stipulate.
THE COURT: So stipulated. Thank you.
(In open court.)
THE COURT: All right. Thank you, sir. I've had the opportunity to speak with the lawyers. We're going to go ahead and excuse you from your jury service in this case. Please head back down to Jury Services on the first floor. They'll validate your parking and give you any other additional instructions. Thank you, sir. Have a great day.
JUROR: You too.
(Venire Badge 274 exited.)
THE COURT: Juror in Seat 18, wearing Badge 274, has been struck for cause by way of stipulation.
Let's bring in juror in Seat 20, wearing Badge 4045, and we can all stand.
(Venire Badge 4045 entered.)
JUROR: Do I stand or sit?
THE COURT: No, sir. You can be seated. Thank you.
Sir, you told us earlier that you had some knowledge of this case and may have seen a video of a man in a suitcase.
JUROR: I did not see a video of a man in a suitcase. You were the most familiar person in the courtroom to me. The defendant did not look familiar to me, nor did I recognize her name, but I am aware of the case because I watch the news, you know, occasionally. I don't follow this case, but as the happenings of the case make the news, I casually observed it as I go about whatever I'm doing in the house at the time.
As I said, you are the most recognizable figure. That's why I did not say -- I responded, I'll say, positively to any of the questions associated with the defendant. I am familiar with the fact that it involves a suitcase and -- yes.
THE COURT: Other than, by your words, being a casual observer of the news, have you done anything to research or find out anything about this case?
JUROR: No, not at all.
THE COURT: Okay. All right. Have you formed any opinions one way or the other?
JUROR: No. I don't know any of the facts. The only things I can remember is it involves a Suitcase. And you were on the news with respect to jury -- selecting a jury, something with regards to jury selection process or something along those lines.
THE COURT: Okay. When in time have you viewed the news about this case?
JUROR: Within the last month or two.
THE COURT: Any time previous to that?
JUROR: No.
THE COURT: Okay. Thank you, sir.
State, any follow-up?
THE COURT: Defense?
MR. HENDERSON: Yes, sir.
When you saw the video, how did you feel?
JUROR: Nothing.
MR. HENDERSON: Nothing? Okay.
JUROR: It's just the news. It's like a flat -- I'm more interested in financial news and what's going on that would pertain to my life or my children, so...
MR. HENDERSON: And did you -- did you talk to anyone about seeing the video?
JUROR: No.
MR. HENDERSON: All right. And how many times have you seen the video?
JUROR: I've seen video of, like, the courtroom coverage. That's all I've seen, so, like -- when you say "the video," I don't know what video you're referencing. I've watched news coverage. That would be the extent of it. Not a video.
MR. HENDERSON: Okay. So, basically, what you're telling me, make sure I have it right, is that you've seen -- at different times, you've seen coverage of the proceedings?
JUROR: Correct, yes.
MR. HENDERSON: Is that correct?
JUROR: Yes.
MR. HENDERSON: So you hadn't did any kind of in-depth research --
JUROR: No.
MR. HENDERSON: -- to look this up or anything like that; is that correct?
JUROR: That's correct. That's an accurate statement.
MR. HENDERSON: Okay. And can you be fair and impartial in this case?
JUROR: Of course, yes.
MR. HENDERSON: Thank you. No further questions.
THE COURT: Can the parties approach for a moment?
(At the bench.)
THE COURT: State?
THE COURT: Defense?
MR. HENDERSON: No motion.
THE COURT: Thank you very much.
(In open court.)
THE COURT: All right. Sir, thank you very much. I'm going to ask you to step back outside. Just hang out on the 12th floor for me, okay?
JUROR: Yes, sir.
THE COURT: Thank you, sir.
JUROR: You're welcome.
(Venire Badge 4045 exited.)
THE COURT: Lastly, let's bring in juror in Seat 22, wearing Badge 192.
(Venire Badge 192 entered.)
THE COURT: You-all can be seated. Thank you.
All right. Juror in Seat No. 22, good afternoon, Sir. You had advised the Court that you may have seen a video of a man in a suitcase.
JUROR: I recall, either on the internet or on YouTube, just seeing something about a person in a suitcase.
THE COURT: Okay. Do you recall --
JUROR: Recently.
THE COURT: -- when in time you saw that?
JUROR: No, I do not. I have no absolute recollection.
THE COURT: Okay. Was it this year?
JUROR: (Shakes head.)
THE COURT: Can't recall?
JUROR: I'm sorry. No, I do not know.
THE COURT: That's okay.
Do you recall if you watched the entire video?
JUROR: I'm going to guess that I did not because I usually have pretty good recall.
THE COURT: Okay. Do you recall how much of it you may have seen?
JUROR: Probably just a brief flash.
THE COURT: Was there any commentary or anything that you recall being provided?
JUROR: There may have been. I do not recall.
THE COURT: Have you formed any opinions one way or the other after viewing that snippet of the video?
JUROR: None whatsoever.
THE COURT: Okay. All right. Thank you.
Have you done any investigation regarding that video?
JUROR: No, sir.
THE COURT: Have you done any investigation regarding this case?
JUROR: No, sir.
THE COURT: Do you watch the local news?
JUROR: Not as often as I should.
THE COURT: Okay. Do you read the local newspaper?
JUROR: No, I do not.
THE COURT: All right. Thank you.
Would you be able to set aside that flash, as you called it, of that video and focus only on the evidence and testimony presented here in court if you were asked to serve aS a juror in this case?
JUROR: Absolutely.
THE COURT: And would you be fair and impartial in weighing that evidence?
JUROR: As much as humanly possible, yes.
THE COURT: Okay. Thank you.
State, any follow-up?
THE COURT: Defense?
MR. HENDERSON: Yes. Just briefly, Judge.
THE COURT: Go ahead, sir.
MR. HENDERSON: Sir, have you formed an opinion at this time?
JUROR: No.
MR. HENDERSON: Okay. Thank you. No further questions.
THE COURT: All right. Thank you. Can the parties approach?
(At the bench.)
THE COURT: State?
THE COURT: Defense?
MR. HENDERSON: No motion.
THE COURT: Okay. Thank you very much.
(In open court.)
THE COURT: All right. Sir, thank you so much. I'm going to ask you to step back outside and we're going to bring in the balance of the panel in just a moment, okay? Thank you.
(Venire Badge 192 exited.)
THE COURT: I just want to confirm who I have left on our pool here. I have jurors seated in Seat 6, 11, 13, 14, 19, 20, 22, 30, 48, 49, and 50.
THE COURT: Defense?
MR. OWENS: Tony, the judge is asking you a question.
MR. HENDERSON: Excuse me, Judge. Could you repeat?
THE COURT: I can. 6, 11, 13, 14, 19, 20, 22, 30, 48, 49, and 50.
MR. HENDERSON: Agree.
THE COURT: Okay. All right.
All right. With that, before we bring in our panel, just a couple of housekeeping to address. I'll be inguiring if anyone has any strongly held religious beliefs or morals that would affect their ability to serve as a juror, read the instruction that's been agreed upon.
As of right now -- let me just check my math -- we have 54 persons that have -- out of 200 that are able to serve for the next two and a half weeks, if necessary. I cannot fit 54 people into this courtroom, however, I have secured the 23rd floor for tomorrow afternoon, and I can see if it's available for Thursday for jury selection.
State, is that acceptable?
THE COURT: Defense, is that acceptable?
MR. HENDERSON: Yes, Judge.
However, I would like to renew my motion for cause on Juror 48.
THE COURT: Give me one second, sir.
All right. Sir, you may renew any additional argument with regard to cause.
MR. HENDERSON: Yes. Judge, when the panel was brought back in and the Court was asking specific questions, I was watching Juror No. 48, and that juror had to visibly lean in to try to hear the Court. I think that juror even requested of -- I couldn't tell if they were talking, but it looked like she was asking someone what was said, so that concerns me.
THE COURT: Okay. I observed her leaning in in kind of a shocked state with regard to the videos, specifically a video of the suitcase. She had a shocked appearance on her face and kind of looked side to side, but I didn't observe anything come out of her mouth. If you would like to bring her back in to inquire about that, I'll certainly allow you that opportunity, but I didn't see anything in observing her. She had certain facial expressions about the video, specifically a video of the man in the suitcase, and there was a facial expression upon that question being asked.
MR. HENDERSON: Yes, Judge. I'd ask if she could be brought back in so I can ask her some questions. And it's my -- my only concern is the hearing.
THE COURT: Understood.
State?
MR. JAY: I stand by what I mentioned earlier. There's headphones available. And if we're in 23A, there will be handheld mics on each side of the courtroom for the jurors to pass along. We will be wearing lavalier mics. You, of course, will be mic'd, so I -- I don't see it being a problem, compared to hearing people in this courtroom, we're speaking -- because she's in the back row, so there's people speaking in front of her 30 feet to one side. That's not going to be an issue during the trial.
THE COURT: That may be accurate, but I'll give you the opportunity to ask some additional questions.
MR. HENDERSON: Thank you.
THE COURT: Let's bring back in Juror 48, wearing Badge 325, please.
And let's stand up for her, if we could, please.
(Venire Badge 325 entered.)
THE COURT: Thank you, ma'am. Everybody can be seated.
We've just got a couple of follow-up questions for you, okay?
JUROR: Sure.
THE COURT: Mr. Henderson, you may proceed, sir.
MR. HENDERSON: Good afternoon, ma'am. Have you been having any troubles hearing the proceedings?
JUROR: No. I mean, sometime when people were, you know, saying something, like, over in the corner, especially if there's a little bit of a -- an accent, I didn't catch everything, but with the microphones, I hear everything fine, so -- but I just felt like I should mention that.
MR. HENDERSON: All right. Thank you.
Let me ask you this. During the last time that we were in as a group, did you have to ask another juror what was said?
JUROR: I think there was one time, and people were laughing about something or something, and there was one time I asked someone, What was that? And they -- I don't even remember what it was, though, but it wasn't, like, at all a constant thing that I wasn't hearing the proceedings.
MR. HENDERSON: Okay. Thank you, ma'am.
I don't have any further questions.
THE COURT: State, any follow-up?
THE COURT: All right. Thank you, matam. We'll bring you back in momentarily.
JUROR: Okay.
(Venire Badge 325 exited.)
THE COURT: Anything further, Mr. Henderson?
MR. HENDERSON: No further -- no further inquiry, Judge.
THE COURT: Are you still renewing your cause?
MR. HENDERSON: Yes, yes.
THE COURT: State, anything other than your prior grounds?
THE COURT: All right. Defense cause challenge is overruled for the reasons previously articulated, in addition to what the Court identified earlier as well.
All right. With that, I will bring in our jury panel, remind them of the instructions, provide the written pamphlet for our deputy to hand out.
Anything else we need to address, State?
THE COURT: Defense, anything else we need to address?
MR. HENDERSON: No, Your Honor.
THE COURT: Okay. To the extent the objections have not been sent to my chambers, please ensure that they are sent to Ms. Berrios so that I can review them when we're concluded this afternoon. As the Court has advised previously, in the future, if there are any other motions that are written that have been filed, please favor them to my office as soon as you get that e-Portal confirmation back.
MR. JAY: And the State did file objections to the first and second amended exhibit lists on September 27th. Unfortunately, the third, fourth, and fifth amended exhibit lists from the defense did not just add them at the end. A new one might have gotten placed right in the middle or -- I don't know, but -- so I will file a response to the final -- presumably, final fifth exhibit list from the defense so that it's clear, because the numbering got all over the place.
THE COURT: Okay. And once that's filed, Mr. Jay, just favor it to Ms. Berrios so I can review it.
Anything else, State, we need to address, other than that?
THE COURT: Okay. Defense, anything else we need to address?
MR. OWENS: Well, we've got some hearings in the morning. We may be filing something tonight. When we get out of court, we'll look at the motion that he files and see if we have a response, but we'll try to get that filed as soon as possible.
THE COURT: Okay. We'll be here in the morning, 12-Alpha in the morning, for the hearings and then 1:30 in 23. It has been booked for this afternoon, which is not necessary, and tomorrow. I'm working on getting it for Thursday as well. I will keep you-all apprised with that.
MR. OWENS: So we'll be here in the morning?
THE COURT: We'll be here in the morning, and then the jury selection will take place in 23 at 1:30.
MR. OWENS: Okay.
THE COURT: Okay? All right. Let's bring back in our panel and I'll give the final instructions. Thank you.
MR. OWENS: You want us here at what time, Judge, in the morning?
THE COURT: I've got an 8:45 docket that starts, so as soon as I'm concluded with that, we'll pick up with you-all about 9:30.
MR. OWENS: 9:30?
THE COURT: Yes, sir.
(Above-mentioned venirepersons entered.)
THE COURT: Could you please do me a favor, members of the jury? If you could sit back in the spots where you were originally, because I just got to make sure everybody is where they need to be. Thank you.
State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: All right. Thank you. You-all can be seated.
All right. Members of the -- our panel, you have been selected as a potential juror in the case of the State of Florida vs. Sarah Boone and have been directed to report back to service. I have a pamphlet that the deputies will be handing to you. It gives you information for a call-in number to call back this evening after 5 p.m.
I'm going to read these instructions to you. Don't need to memorize them. You'll be given this pamphlet to review. After 5 p.m. tonight, please call that number, follow the instructions, listen for your case name, and it will ask [sic] you what date and time you need to report back here to the Orange County Courthouse, okay?
Let me read this to you now: As I said, 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. Please call (407) 836-2048, then press option six, each day after 5 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 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 p.m., please call (407) 836-2023. This number goes straight to the Jury Room. If you are calling after 5 p.m., please call (407) 836-6060. This is the sheriff's office and the only number answered after 5 p.m.
I have some additional instructions to read to you before I discharge you for the evening.
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 device, 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, do not watch local news or read local newspapers. Jurors must not have any discussions of any sort with friends, family members, or even your fellow jurors about the 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, you can head back down to the first floor to Jury Services. Before you leave, Deputy Border will give you copies of that pamphlet that I read from with the call-in information. I thank you again for your time and your service, and we'll be seeing you in the near term. Thank you.
(Above-mentioned venirepersons exited.)
MR. OWENS: Judge, I wanted to make an oral motion before we --
THE COURT: Hang on.
(Above-mentioned venirepersons continued exiting.)
THE COURT: You-all may be seated. Thank you.
Yes, sir, Mr. Owens?
MR. OWENS: Judge, my client tells me that she -- they wake her up at 2:30 in the morning and then she's kept in a holding cell until she's brought to court here at 6:30 in the morning. And then, of course, she's brought up around 9:00. And then she'll leave today about 5:30 or 6:00 and be in two different holding cells. She'll finally get to her dorm about 9:00 or 9:30. They stop allowing showers after 9 p.m. She got there after that time, but they allowed her to shower since she hadn't had one.
She's asking that -- you know, they get commissary there at the jail. She's asking that the officer that escorts her be allowed to bring her commissary. She's asking for two juice packs, five peppermints, two bags of chips, a bag of candy, and a bag of either cookies or a Pop-Tart to allow her through the day. I think they serve them a peanut butter and jelly sandwich down in the basement at lunch, but -- she's not diagnosed with any kind of blood sugar, but she says she gets -- like today, she's feeling tired and lethargic and so she feels like those items during a break, if she could have something like that to keep her energy level. I'm asking for the Court's permission that she be allowed to do that.
THE COURT: State, any response?
THE COURT: Okay. I will speak to the captain at the jail, if I can get ahold of her before 5:00 tonight, and see what, if anything, we can do. I can't make any promises.
My understanding from the deputies is that there are two bagged meals which are given, which include cookies as well, that are provided for Ms. Boone, and that's for all inmates that are stored downstairs during trials. So I'll inquire of the jail staff, if I can get ahold of them this evening, and hopefully have an answer, if any, tomorrow.
MR. OWENS: Thank you, Judge.
THE COURT: All right. Anything else?
THE COURT: Anything else?
MR. OWENS: No, sir.
THE COURT: Okay. We have 54 persons that are ready, willing, and able to serve. The Court will conclude its issues to address tomorrow and then I'll turn it over to the State. And I will see you-all here tomorrow morning at 9:30. If we're running a few minutes late due to my morning docket, I just ask for your patience as we work through that. Thank you.
All right. Court is in recess. Have a good evening, everyone.
(Proceedings recessed at 4:10 p.m. on October 15, 2024, to be resumed on October 16, 2024.)