3.Panel 5 Qualification Review and Social-Media Cause Challenges
134 lines(In open court.)
THE COURT: All right. Thank you, counsels.
Defense counsel, if you could see to address those matters that we had discussed, I would appreciate it.
Anything else we need to address before we bring in our panel?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Let's stand and bring in our panel. Thank you.
(Venire Panel 5 entered.)
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: Thank you-all. You-all can be seated.
Members of the jury, thank you, again, for your time. Welcome, again, to 23 alpha of the Orange County Courthouse. My name is Judge Michael Kraynick and, again, I will be the presiding judge in the case of the State of Florida vs. Sarah Boone.
I am going to ask the State to introduce themselves again to you this afternoon.
MR. CACCIATORE: Good afternoon. Dave Cacciatore, assistant state attorney.
THE COURT: Defense, if you could introduce yourself and your client, please.
MR. OWENS: James Owens and I represent Sarah Boone.
MR. HENDERSON: Tony Henderson representing Sarah Boone.
MS. ANDREWS: Shelbie Andrews, jury selection and trial consultant.
MS. HENDERSON: Lauren Henderson, assisting the defense.
THE COURT: Thank you-all. You can be seated.
Now, members of the jury, yesterday evening around 5:15, I gave you an instruction. If you could please raise your paddles to show that you've complied with the Court's instructions in this case. The record will reflect all paddles have been raised.
Now, members of the jury, I want to take a moment again to thank you.
Yes, sir, Juror No. 26?
JUROR: She was unable to raise her paddle.
THE COURT: Juror No. 39?
JUROR: Yeah.
THE COURT: Did you follow the Court's instructions?
JUROR: I was able to hear the news yesterday.
THE COURT: By you were able to hear the news yesterday, what does that mean?
JUROR: I mean that I went to my parents' home and they are retired and they have --
COURT REPORTER: I'm sorry. She needs the mic.
THE COURT: Can we get her a microphone, please, for Madam Court Reporter?
Thank you, Juror No. 8. I appreciate you.
Yes, ma'am?
JUROR: I was at my parents' house yesterday evening and they keep the news on and I was in the other room and I overheard it.
THE COURT: Okay. Did you overhear anything pertaining to this case?
JUROR: Yes, I did.
THE COURT: Okay. Can the parties approach for a moment? Actually, just hold that thought.
Ma'am, just hang on for me. May have some follow up with you individually.
First, I want to take a moment and say thank you for your patience. I know I said we would start at 10:00 a.m. this morning, but one of those unscheduled breaks came up between counsel and I that you could not participate in. It took us some time to work through that. So I thank you again for your patience as we resolved those issues this morning.
I want to confirm with all of you before I turn over the questioning to the defense. As each and every one of you sit here today, are you an Orange County resident? Raise your paddles if that does not apply to you.
Okay. Juror 45, yes, sir?
JUROR: So, I recently moved to Seminole County, but I haven't changed my address yet. I'm a registered Orange County resident, but I'm not sure if that's an issue.
THE COURT: When did you move to Seminole County?
JUROR: My lease began August lst.
THE COURT: Okay. But are you still a registered voter here in Orange County?
JUROR: Yes.
THE COURT: Okay. Can the parties approach for a moment?
(At the bench.)
THE COURT: Okay.
MR. OWENS: The TikTok, No. 35.
MS. HENDERSON: I saw -- I'm sorry, Judge. I saw a TikTok last night, it was a juror that was ona previous panel, No. 35 --
THE COURT: Is that the same one that --
THE COURT: -- Mr. Jay brought to my attention?
MS. HENDERSON: Yes, sir. And I didn't know -- I think they'll discuss -- if we could just have one more general -- I didn't know if we wanted to --
MR. OWENS: Admonishment about communicating via --
THE COURT: I can't hear you, Mr. Beck.
MR. BECK: I would also include an inquiry of whether she spoke to any of the panel because she was clearly well familiar with this case and did not disclose that to either of the parties --
THE COURT: You're talking about 35?
THE COURT: She's not here.
THE COURT: I got you.
MR. OWENS: I could show you the post. But she says, Hey, I knew all about this. I've been following this case. But she didn't disclose that.
MR. HENDERSON: And the private inquiries.
THE COURT: I'd have to go back and look at my notes.
THE COURT: Okay.
MR. JAY: And all we asked her was, Were you actively seeking out information about the case. And that was enough for all of us, and that was the end.
THE COURT: My recollection is she had raised her hand for almost everything, the video, the interrogation, the body-worn camera, all that good stuff.
MR. JAY: So since our inquiry was just, Did you actively pursue it, we didn't get into the details, so I'm abandoning the contempt thing and she can have her Reddit moments, she can have her TikTok moments.
THE COURT: Okay. If you want to inquire, Mr. Henderson, of the panel if they've spoke to any other jurors about it, I will leave that to your discretion.
MR. HENDERSON: No, sir. Quite frankly, no.
THE COURT: All right. Now, with regard to -- this is an interesting issue with No. 45. He's a registered voter in Orange County, but don't live here no more. So thoughts I welcome. Because he's technically not an Orange County resident.
MR. JAY: I'm not entitled to give legal advice to anybody but the great State of Florida, it would appear that there's a legal issue facing his future on that. But as far as the panel, I'm not happy with a for cause challenge. If they want to -- because I do not believe he meets the qualification for --
THE COURT: I'd have to go back and look at the statute. But he's no longer an Orange County resident and has not been since August lst by his own admission.
MR. HENDERSON: I mean, people do have that --
THE COURT: Let me check.
MS. HENDERSON: Have you seen the TikTok video?
MS. HENDERSON: Fair enough.
THE COURT: We have 47 remaining, and that includes Juror No. 25 that was struck this morning for caring for his nephew.
THE COURT: That's my concern.
MR. HENDERSON: If that's the conclusion -- I had this happen in Santa Rosa. Someone had just recently moved, but they had a residence in both places, so that was the difference in that one. I would agree.
THE COURT: Okay. What about 39 in her inadvertent overhearing of the news at her parents' house specifically about the case?
MR. HENDERSON: Judge, we have to let her go for cause. If we don't let her go and this inquiry has been heard by this jury, I don't know how many others are going to inadvertently hear the news.
THE COURT: Response?
MR. JAY: I don't know what Mr. Henderson is going to ask, so I don't know what it would prompt from her. I already had her circled for individual voir dire for other reasons, so obviously she's circled now for pretrial publicity, so I don't know why you would treat her differently than the other jurors that --
THE COURT: Here's what we're going to do.
THE COURT: Let's go through your voir dire and we can circle back with her on the end separately to address what she heard and what, if any, impact it's going to have.
MR. HENDERSON: Judge, here's my concern. That's a very important instruction from the Court. The Court has read it on multiple occasions to these people, okay. I can understand the inadvertent part to begin with, but the Court followed up with the question, Did you listen to it? Yes. That's what she said. The Court needs to send a message at this time. I'll move for cause right now because she has heard stuff --
THE COURT: Okay. Fine. Then that takes care of that. So jurors in Seat 45 and 39 will be stricken for cause by way of stipulation.
Matam, do you have their badge numbers for Madam Court Reporter?
MS. ANDREWS: 39 is 551.
THE COURT: So 39 is wearing Badge 591 or 551?
MS. ANDREWS: 551.
THE COURT: Thank you. 551. And 45 is wearing badge?
MS. ANDREWS: 240.
THE COURT: 45 is wearing Badge 240. They have been stricken for cause by way of stipulation. I'll release them now. Thank you both.
MR. HENDERSON: Thank you.
(In open court.)
THE COURT: Counsel, one more moment, please.
(At the bench.)
THE COURT: My deputy has advised me that the juror in Seat 6 needs to use the facilities. So --
MR. CACCIATORE: A good chance to get 39 and 45 out of there.
THE COURT: Okay. So you want me to just release everybody and have them stand back and I can release them? Okay. Appreciate you. Thank you.
MR. HENDERSON: I need to do a mic check, too, Judge.
(In open court.)
THE COURT: Members of the jury, again, thank you for your patience. We're going to take a short break at this time. Don't go far. Five minutes, just outside. And if jurors in Seats 39 and 45 could stay behind.
The rest of you, the same instruction I have given you the last couple of days. There is still no case. Do not discuss this case, don't do any independent research or investigation. Don't talk to yourselves about the case. You can talk about anything else other than those things. We'll see you-all in about five minutes. Thank you.
(Venire Panel 5 exited. Venire Badges 551 and 240 remained.)
THE COURT: Thank you. You-all can be seated.
All right. Jurors in Seats 39 and 45, thank you so much. In speaking with counsel for both the State and the defense, we're going to go ahead and discharge you from your jury service at this time. Please report back to the first floor, jury services, they'll validate your parking and give you any additional instructions. And, again, I thank you for your time and your sacrifice during this week. Enjoy the rest of your week, and thank you again.
(Venire Badges 551 and 240 exited.)
THE COURT: As addressed at sidebar, juror in Seat 45, wearing Badge 240, has been stricken for cause by way of stipulation. And juror in Seat 39, wearing Badge 551, has been stricken for cause by way of stipulation.
One other additional matter. Juror in Seat 51 had advised either yesterday during the, did you recognize anyone, she had advised that there was a law student that she recognized who she had seen in some volunteer organization. She is, in fact, Judge Leach's intern sitting in the box.
Ma'am, if you could please introduce yourself for the record.
MS. VERDEGUEZ: Yes, Francheska Verdequez.
THE COURT: So she is not a member of our panel. So I just wanted to put that on the record as to who it is that she may have noticed and this person is not a member of our panel.
All right. We'll be ina short recess until our panel comes up.
MR. OWENS: Judge, at some point, you were going to talk to Ms. Boone about the lawyers, some being out at times.
THE COURT: Yes. Okay. Ms. Boone, one of the matters that we addressed at sidebar out of everyone's hearing is that I've noticed that one of your lawyers has been in and out of the room, and sometimes have been waiting, or this morning I asked you if you were prepared without your attorney being presented, you said yes. Your lawyers have advised me that due to scheduling and speaking with other witnesses as to coordination, not all of your lawyers may be here all at the same time. It may be Mr. Owens, it may be Mr. Henderson, it may be a combination or less than that much.
So the question I have for you, ma'am, is are you on board with proceeding without your full defense team being present at all times?
SARAH BOONE: I am.
THE COURT: Okay. Any further inquiry, State, as to that issue?
THE COURT: Any further inquiry as to that issue, Mr. Owens?
MR. OWENS: No, sir.
THE COURT: All right. Thank you-all very much.
We'll give the jury another two to three minutes and then we can have the deputy bring them back in. Thank you.
(Brief recess from 1:39 p.m. to 1:44 p.m.)
THE COURT: We're back on the record in Case No. 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. Ms. Boone is still seated at counsel's table.
We're bringing our jury back in. Let's all stand and we'll turn over the questioning to you, Mr. Henderson.
(Venire Panel 5 entered.)
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.