10.Brian Boone — Direct
197 lines(Jury exits.)
THE COURT: You-all you may be seated. Thank you.
State, anything we need to address?
MR. CACCIATORE: Not from the State.
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. Ms. Boone, I've just got a couple of inquiries of you, ma'am, before you're released. Are you satisfied with your attorneys so far throughout this trial?
SARAH BOONE: Definitely.
THE COURT: And are you on board with the strategy that they've employed so far in this trial?
SARAH BOONE: Definitely.
THE COURT: All right. Thank you very much.
We'll be in recess until 2:00. Court is off the record.
(Court recessed for lunch at 12:24 p.m.)
(The following proceedings were resumed at 2:06 p.m., stenographically reported by June Bufford.)
THE COURT: Good afternoon, everyone. You may be seated.
We're back on the record. State of Florida vs. Sarah Boone, 2020-CF-2603.
Can I get appearances for counsel for the record, starting with counsel for the 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: Ms. Boone is seated at counsel's table wearing the same black suit and pink blouse from this morning.
State, anything we need to address before we bring back in our panel?
THE COURT: Yes, sir.
(Pause. )
THE COURT: Okay. All right. Anything else, State, we need to address?
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: Okay. Just in the spirit of full disclosure, there are some persons behind me, to my right and my left. I run the mock trial program at Barry University School of Law here in town and these are some of my students, as members of that program. So they're here just simply to observe, so pay no mind or attention to them.
With that, are we ready to bring in our jury?
MR. CACCIATORE: Yes, Your Honor.
MR. OWENS: Yes.
THE COURT: All right. Let's stand and bring in our panel.
COURT STAFF: Jury is present.
(Jury entered.)
THE COURT: State, do you recognize our jury?
MR. CACCIATORE: Yes, sir.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes, sir.
THE COURT: You-all can be seated. Thank you.
Members of the jury, I hope you enjoyed your lunch.
If you could, again, by a show of hands, confirm that you've complied with the Court's instructions that we gave prior to the break? Record will reflect all jurors' hands have been raised.
With that, the State is going to continue with their evidence presentation this afternoon.
State, you may call your next witness.
MR. CACCIATORE: State would call Brian Boone.
COURT CLERK: Mr. Boone, raise your right hand to be sworn, please.
BRIAN BOONE
was called as a witness and, having first been duly sworn,
testified as follows:
BRIAN BOONE: Yes.
THE COURT: Sir, good afternoon. You could be seated. After you're seated, if you could please state and spell your name for the record for us.
BRIAN BOONE: Brian Boone, B-r-i-a-n, B-o-o-n-e.
THE COURT: Thank you, sir.
You may inquire.
DIRECT EXAMINATION
BY MR. CACCIATORE:
MR. CACCIATORE: Good afternoon, sir.
BRIAN BOONE: Good afternoon.
MR. CACCIATORE: Can you tell us how it is that you know the defendant?
BRIAN BOONE: I dated her for quite a while and then we eventually got married.
MR. CACCIATORE: When you say you dated her for quite a while, how long are we talking?
BRIAN BOONE: I met her in the late '90s, and I believe it was around 2005 when we got married.
MR. CACCIATORE: Did you have any children as a result of your marriage with the defendant?
BRIAN BOONE: Yes. We had one son.
MR. CACCIATORE: And how old is that son?
BRIAN BOONE: He is currently getting ready to turn 14.
MR. CACCIATORE: Did your marriage with the defendant last?
BRIAN BOONE: No, it did not.
MR. CACCIATORE: And approximately when was it that you separated and began proceedings for a divorce?
BRIAN BOONE: Probably 2017, I'm thinking, maybe.
MR. CACCIATORE: And at that time, when was your divorce actually finalized?
BRIAN BOONE: Oh, maybe it was 2006. I think the divorce was 2017, I believe.
MR. CACCIATORE: And after your divorce, what was your custody arrangement with your son that you had in common with the defendant?
BRIAN BOONE: She was supposed to have him on Mondays and Tuesdays, I would have him Wednesdays, Thursdays, and then we'd alternate Friday through Sunday every other week.
MR. CACCIATORE: So one week you would have five days with your son and then another week she would have five days with him?
BRIAN BOONE: Correct.
MR. CACCIATORE: And was this still the same custody arrangement in February of 2020?
BRIAN BOONE: Yes.
MR. CACCIATORE: And in February of 2020, did you have -- do you recall the events that occurred, I guess, first, on the late evening of February 23rd, 2020?
BRIAN BOONE: On that evening?
MR. CACCIATORE: Yes.
BRIAN BOONE: Well, apparently Sarah called me at one point during the night.
MR. CACCIATORE: Do you recall about what time she called you?
BRIAN BOONE: I think it was 11:00-something.
MR. CACCIATORE: When you answered the phone, how did Sarah sound on the phone?
BRIAN BOONE: She sounded like she had been drinking, was pretty drunk.
MR. CACCIATORE: Were you able to understand what the defendant was saying?
BRIAN BOONE: Somewhat, but she woke me up. I had work the next day, I was asleep when she called. She's done this before, calling me late at night and, generally, I kind of just try to ignore it, so I wasn't really paying attention.
MR. CACCIATORE: Who was she living with at the time?
BRIAN BOONE: Jorge Torres.
MR. CACCIATORE: When she called you late that evening, could you hear Jorge in the background at all?
BRIAN BOONE: Not that I remember, no.
MR. CACCIATORE: Did you pay much attention to this phone call?
BRIAN BOONE: No.
MR. CACCIATORE: Now, the following morning, on February 24th, 2020, did you begin to call the defendant?
BRIAN BOONE: Yes, I did.
MR. CACCIATORE: And approximately what time did you begin to call the defendant?
BRIAN BOONE: I think it was, like, 11:00 or something.
MR. CACCIATORE: And why was it that you were calling her?
BRIAN BOONE: Well, it was going to be Monday. I had had him on Sunday and dropped him off at school, and I was going to try to find out if she was going to be actually picking him up that day.
MR. CACCIATORE: Why would you have a question about whether or not she was picking him up?
BRIAN BOONE: She wasn't generally very good about actually getting him on the days she was supposed to.
MR. CACCIATORE: So it was not uncommon for you to have to remind her to pick him up or to make sure that she was going to pick him up?
BRIAN BOONE: Well, I mean, remind or just find out if she was going to, or if she was just going to give him over to me, is what happened.
MR. CACCIATORE: Do you remember at what time on February 24th you actually got in touch with the defendant?
BRIAN BOONE: It was, like, 12:30 or something.
MR. CACCIATORE: And when you actually got in touch with her, what did she tell you on the phone?
BRIAN BOONE: That Jorge was dead and if I would come over.
MR. CACCIATORE: Did she say what happened to him?
BRIAN BOONE: I don't remember if she told me then on the phone or when I got there, but she told me they had been playing hide and seek and that she fell asleep.
MR. CACCIATORE: What did you advise her to do?
BRIAN BOONE: I told her she needed to call 911 and that I would come over as soon as I could.
MR. CACCIATORE: And this is on your first phone call here at approximately 12:30 --
BRIAN BOONE: Yes.
MR. CACCIATORE: -- on 2-24-2020?
BRIAN BOONE: Yes.
MR. CACCIATORE: Did she call you again while you were en route to her residence?
BRIAN BOONE: She did. She called to find out if I was still going to be coming over.
MR. CACCIATORE: And when you spoke with her while you were en route what, if anything, did you advise her?
BRIAN BOONE: I told her she needed to call 911. And told her I was on my way, that she needed to get somebody over there.
MR. CACCIATORE: How long did it take you to arrive to her residence?
BRIAN BOONE: From the first phone call or --
MR. CACCIATORE: Yes, from the first phone call.
BRIAN BOONE: Well, I don't live -- I mean, I live a minute or two drive away, but I had to get my puppy -- we had just gotten a puppy recently, I had to get him in his crate and stuff like that, and put something on because I was working from home, and total time, maybe ten minutes.
MR. CACCIATORE: When you arrived at her apartment, tell us -- tell us what she told you when you arrived?
BRIAN BOONE: That -- I mean, Jorge was dead and, once again, I don't remember if she told me now or before, that they had been playing hide and seek and she fell asleep. But at that time I told her again she needed to get 911 called to get somebody over there.
MR. CACCIATORE: Had she called 911 at this point?
BRIAN BOONE: No, she had not.
MR. CACCIATORE: So you've advised her now three times to call 911?
BRIAN BOONE: Yes.
MR. CACCIATORE: Did you go inside of her apartment?
BRIAN BOONE: I walked in the front door into the little tiled area, like, entranceway thing.
MR. CACCIATORE: What, if anything, did you observe when you made it to that point?
BRIAN BOONE: Looking into the living room, I could see, like, the end of his feet and maybe a little bit of some legs that were kind of coming out around the backside of the kitchen area.
MR. CACCIATORE: Did you continue to go into the apartment?
BRIAN BOONE: No.
MR. CACCIATORE: Where did you go?
BRIAN BOONE: Sarah told me she was going to call 911 and go outside and have a cigarette and a drink and asked me to come out there with her. And I told her that I didn't really feel comfortable being inside, and I went out front and got in my car and waited for people to show up.
MR. CACCIATORE: Did you witness the defendant call 911?
BRIAN BOONE: I think I was in there when she dialed it and first got somebody on the phone, but I wasn't there for the whole conversation, no, I was outside.
MR. CACCIATORE: Did you stay there at the scene while police arrived?
BRIAN BOONE: Yes, I was there. I was part of it. I knew I'd have to talk to somebody, so --
MR. CACCIATORE: Did you talk with law enforcement?
BRIAN BOONE: I did.
MR. CACCIATORE: Your Honor, I have no further questions at this time.
THE COURT: Thank you.
Any cross-examination?
MR. OWENS: Judge, we want to reserve our questions for when we call him in our case.
THE COURT: Okay. All right. Sir, you're subject to recall. Thank you.
BRIAN BOONE: Thank you.
MR. OWENS: As long as he remains under subpoena.
THE COURT: That's my understanding. He's subject to recall.
BRIAN BOONE: So somebody will contact me when to come back?
THE COURT: Yes, sir.
BRIAN BOONE: Thank you.
THE COURT: Thank you, sir.
(Witness stepped down.)
THE COURT: State, you may call your next witness.
MR. CACCIATORE: Your Honor, may we approach for a moment?
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, sir.
MR. CACCIATORE: The lack of cross-exam has kind of thrown off our schedule for things. We have some Bluetooth speakers coming to amplify the sound. The next item of business for the State was going to be to publish the 911 call.
THE COURT: It looks like your speakers just arrived.
MR. CACCIATORE: Okay. Great.
THE COURT: You spoke it into existence. If you want to deal with that issue, and then if you still intend on calling CSI Abraham Morena [sic], I believe is who it was next?
MR. CACCIATORE: There is a -- it's not CSI, it's just a regular witness, yeah.
THE COURT: Oh, sorry. Okay. Is it Abraham Morena?
MR. CACCIATORE: It's Abraham Moreno.
THE COURT: Okay. Thank you. Appreciate it. I must have misheard you earlier. Thank you. Just let me know when you've got that set up.
(In open court.)
THE COURT: All right. Members of the jury, we'd appreciate your patience for a few moments while the State attaches a Bluetooth speaker so that they may publish some evidence that's been received so far.
Mr. Jay, whenever you're ready, sir.
THE COURT: You may do so.
(State's Exhibit 3 was published to the jury, and due to the inaudibles and inability to distinguish between speakers and/or the speed of the conversation and cross-talk, the following transcription of the audio by this court reporter should not be considered a verbatim record of said audio and/or videotape.)
AUDIO RECORDING: -- 300 minutes. Call on Monday, February 24th, 2020.
911, what is the location of the emergency?
4748 Frantz Court, Apartment 3.
4748, what's the street name?
Frantz, F-r-a-n-t-z.
And the apartment number?
Three.
And is this police or medical?
My boyfriend is dead.
Okay. Stay on the line for the fire department. Do not hang up.
(Unintelligible.)
AUDIO RECORDING: 4748 Frantz Lane, Apartment 3.
Frantz Court.
Frantz Court?
Yes.
Okay. Is this near (unintelligible) Drive?
I don't know where that is.
All right.
It's Tealwood Parke Apartments.
Okay. 4748 Frantz, correct?
Correct.
All right. Now, tell me what happened there?
My boyfriend and I were playing last night and I put him in a suitcase and we were playing.
Okay.
But kind of a hide and seek kind of thing. So I fell asleep and I woke up and he was (unintelligible). I don't know what happened. I don't know what happened.
Okay. What's the apartment number?
Three.
Apartment No. 3?
Yeah. He has, like, blood coming out of his mouth and I don't know what (unintelligible).
All right. Okay. Getting (unintelligible) to you. All right. Okay.
Right now?
Okay. 407 -- we're on our way up there. You're at 407-716-8684?
8684.
Okay. Is he hanging from somewhere or what, ma'am?
No. I put (unintelligible) suitcase. I tried giving him CPR.
Okay. (Inaudible) he was in a suitcase?
Yes. And I fell asleep.
Okay. How old is -- how old is the person there
(unintelligible).
AUDIO RECORDING: (Inaudible) my boyfriend, 43.
Forty-three-year-old male. All right. Okay. We're sending (unintelligible).
I'm sorry?
Yeah. All right. Listen to me. Okay. I just need to confirm with you.
(Unintelligible.)
AUDIO RECORDING: I just need to confirm this. Is he awake at all? Is he conscious at all?
No. He's purple.
Is he breathing?
No.
All right. I need you to get him on the floor on his back for me, okay?
I did, I did. I did CPR.
All right.
I tried doing CPR and nothing happened. He's purple.
(Inaudible) for me, okay?
What is it?
(Inaudible) ?
AUDIO RECORDING: No.
All right. Do you have (unintelligible)?
I'm sorry?
Do you -- are you right by him now?
Yes.
Okay. Let me --
(Unintelligible.)
AUDIO RECORDING: Okay. Ma'am, ma'am. Tell me, is he cold and stiff?
Yes.
Okay.
But he's not necessarily cold, but stiff and
(unintelligible).
AUDIO RECORDING: Listen to me. Listen to me. I want you to lift him on his back for me on the floor.
Yes, I did, I did.
Okay.
Yes, I did.
All right.
He's stiff and he's purple.
Okay. Listen, okay, ma'am, that's fine. But we're still going to (unintelligible), okay? All right? Put your hand on his breast bone right in the center of the chest, right between the nipples.
Yes.
Put your other hand on top of that hand --
(Unintelligible.)
(Unintelligible.)
AUDIO RECORDING: Okay. Listen to me. All right. I want you to take (unintelligible) right on the chest (unintelligible) breast bone, put your hand on top of that hand and we want to pump his chest hard and fast, twice per second.
(Unintelligible.)
AUDIO RECORDING: (Inaudible) all you need to do for me, keep on pumping his chest for me. I don't need you to stop and talk or anything. I just want you to count out loud for me, okay?
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 -- this is (unintelligible).
Okay. Ma'am, just keep on pumping his chest. That's all I need you to do for me, okay?
Yes. Not (unintelligible) hurry up.
Ma'am, ma'am, (unintelligible) as fast as they can. Okay. Don't stop (unintelligible) just keep on pumping.
(Unintelligible.)
AUDIO RECORDING: Okay.
(Unintelligible.)
AUDIO RECORDING: Just keep it up (unintelligible).
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 30, 31, 32 -- please, hurry.
(Inaudible) again, okay?
He's stiff and he's purple.
Okay. Just keep pumping his chest for me, ma'am.
I'm still doing it, okay? Still doing it.
Right, okay, that's fine. Keep on doing it for me. All right. They're getting there a fast as they can, along with the sheriff's office also, okay?
Breathe.
Keep on pumping, ma'am.
(Unintelligible.)
AUDIO RECORDING: 1, 2, 3, 4. 1, 2, 3, 4. 1, 2, 3, 4. Keep on pumping for me, ma'am.
I'm doing it, I'm doing it. Believe me, I'm doing it, o kay? We were playing hide and seek.
Keep on pumping for me, okay?
Okay.
Okay.
(Inaudible) horrible. This is horrific. What's happe ned? What's happened?
Okay. Ma'am, keep on pumping his chest for me, Okay? They're in the parking lot. They should be coming up there shortly, okay?
I'm still doing it, okay?
Okay, good. And you found him in a suitcase, you said?
Yes. We were playing hide and seek last night. I feel asleep. I think they're here.
Keep on pumping his chest until they take over, Okay?
I am, I am.
Okay.
(Inaudible) okay. Come in. (Inaudible) the parking lot.
Let them take over for you, okay?
When was the last time anybody saw him?
Last night. We were playing hide and seek (unintelligible) the suitcase.
Unfortunately, he's been (unintelligible).
Hello, ma'am?
(Unintelligible.)
AUDIO RECORDING: Okay, ma'am. The fire department will take over, Okay. We'll see you, then.
Ma'am, are you still there? Hello.
716-8684 (unintelligible) 1308.
The call has been forwarded to an automatic voice message system. Four --
(Audio stopped.)
MR. CACCIATORE: Your Honor, we're ready to continue with the presentation of witnesses.
THE COURT: Yes, sir. You may call your next witness.