13.John Martinez — Direct
122 linesMR. CACCIATORE: State would call Deputy John Martinez.
COURT CLERK: Mr. Martinez, raise your right hand to be sworn.
JOHN MARTINEZ
was called as a witness and, having first been duly sworn,
testified as follows:
JOHN MARTINEZ: I do.
THE COURT: Sir, good afternoon. Can you state and spell your name for the record for us?
JOHN MARTINEZ: Deputy John Martinez. J-o-h-n, M-a-r-t-i-n-e-z.
THE COURT: Thank you, sir. You may be seated.
You may inquire, sir.
DIRECT EXAMINATION
BY MR. CACCIATORE:
MR. CACCIATORE: Good afternoon, sir.
JOHN MARTINEZ: Good afternoon.
MR. CACCIATORE: Tell us, who is it that you work for?
JOHN MARTINEZ: Orange County Sheriff's Office.
MR. CACCIATORE: And what is your position with the Orange County Sheriff's Office?
JOHN MARTINEZ: Deputy sheriff.
MR. CACCIATORE: How long have you been with the Orange County Sheriff's Office?
JOHN MARTINEZ: I'm going on my 16th year.
MR. CACCIATORE: Prior to working for the Orange County Sheriff's Office, do you have any previous law enforcement experience?
JOHN MARTINEZ: I do.
MR. CACCIATORE: Where was that?
JOHN MARTINEZ: I first started my career with the New York City Police Department.
MR. CACCIATORE: And how long were you with the New York City Police Department?
JOHN MARTINEZ: About ten years.
MR. CACCIATORE: And what was your position with the New York City Police Department?
JOHN MARTINEZ: I was a police officer.
MR. CACCIATORE: And at the sheriff's office, tell us what are some of your duties as a deputy sheriff?
JOHN MARTINEZ: I respond to calls for service. My primary function is a school resource officer.
MR. CACCIATORE: Okay. And is continuing training a condition of your employment with the sheriff's office?
JOHN MARTINEZ: It is.
MR. CACCIATORE: Tell us, how is it that you became involved in this case?
JOHN MARTINEZ: I was dispatched to this location.
MR. CACCIATORE: And where was this location?
JOHN MARTINEZ: It was located at 4748 Frantz Lane, Apartment No. 3.
MR. CACCIATORE: And is that here in Orange County, Florida?
JOHN MARTINEZ: It is.
MR. CACCIATORE: And when you responded to that location, who did you first come into contact with?
JOHN MARTINEZ: I came into contact with Ms. Sarah Boone.
MR. CACCIATORE: Do you see Sarah Boone here in court today?
JOHN MARTINEZ: I do.
MR. CACCIATORE: Could you please point to her and identify an article of clothing she's wearing?
JOHN MARTINEZ: The lady sitting in the middle with the black blazer.
MR. CACCIATORE: Your Honor, may the record reflect that the witness has identified the defendant?
THE COURT: The record will so reflect.
BY MR. CACCIATORE:
MR. CACCIATORE: During the time that you were on the scene, did you have a body-worn camera?
JOHN MARTINEZ: I did.
MR. CACCIATORE: And was that body-worn camera activated?
JOHN MARTINEZ: It was.
MR. CACCIATORE: Were all of your contacts with Ms. Boone recorded on the body-worn camera?
JOHN MARTINEZ: It was.
MR. CACCIATORE: Were other deputies also on the scene at that time?
JOHN MARTINEZ: Yes.
MR. CACCIATORE: And was Deputy Rodriguez there?
JOHN MARTINEZ: She was.
MR. CACCIATORE: So would both of your body-worn cameras, both capture some of the same timeframes?
JOHN MARTINEZ: Correct, yes.
MR. CACCIATORE: Okay. Did you have an occasion to go inside of the apartment?
JOHN MARTINEZ: I did.
MR. CACCIATORE: And inside of the apartment, what observations did you make?
JOHN MARTINEZ: When I first entered into the apartment, I noticed a Hispanic male laying on his back in what looks like a small nook dining area, later identified as Mr. Jorge Torres.
MR. CACCIATORE: Your Honor, may I approach the witness with what's been previously marked for identification as State's K and has been shown to defense?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Sir, I'm showing you what has been marked for identification as State's K. Do you recognize that disc?
JOHN MARTINEZ: I do.
MR. CACCIATORE: Tell us, what is that disc?
JOHN MARTINEZ: It's a copy of my body-worn camera.
MR. CACCIATORE: And does this body-worn camera fairly and accurately depict a portion of the events that took place on February 24th, 2020?
JOHN MARTINEZ: It does.
MR. CACCIATORE: And are those your initials on the disc?
JOHN MARTINEZ: Yes, they are.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's previously been marked for identification as State's K into evidence.
THE COURT: Any objection?
MR. OWENS: No objection.
THE COURT: What was premarked as State's K will be received into evidence, without objection, as State's 7.
(State's Exhibit 7 received in evidence.)
MR. CACCIATORE: Your Honor, request permission to publish?
THE COURT: You may.
(State's Exhibit 7 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: They're coming out now (unintelligible). She wants to say something (unintelligible).
(Unintelligible.)
AUDIO RECORDING: So that -- we will not know (unintelligible) we're not (unintelligible) first thing tomorrow morning. I'll know a lot -- hopefully, a lot more tomorrow morning, as far as him. But I do not -- there's no way I can say how, why --
(Unintelligible.)
AUDIO RECORDING: That's normal (unintelligible).
(Unintelligible.)
AUDIO RECORDING: I'm, like, really scared. I want you guys to know that.
(Unintelligible) nothing's gonna happen to you (unintelligible) you'll have plenty of time to leave or
(unintelligible).
(Unintelligible.)
AUDIO RECORDING: Whatever you need to do, okay?
(Unintelligible.)
AUDIO RECORDING: But I don't -- like, this was totally, like, not intentional. Like, that's what I'm scared about, too, like --
We'll have of a lot more information tomorrow (unintelligible). What you're seeing here is normal. This is us coming out to the scene of a death. This is a -- and no real medical history (unintelligible) passed away.
I know.
We come out and do an investigation (unintelligible). If he was (unintelligible) heart condition, we wouldn't be here.
T don't know what his -- I don't know what it is.
Exactly. And that's what we're here to find out (unintelligible) the answers that you want, the answers that (unintelligible).
(Unintelligible) I know I can't go anywhere. So do I just, like, stay out here and wait for you guys?
(Unintelligible.)
AUDIO RECORDING: Body-cam is here, that needs to be here (unintelligible) show up when we call them, but we're not ready to (unintelligible). So they're gonna take him -- they're gonna take photos, take him. (unintelligible). They will be called well in advance, but we're not ready for them at this point. (Unintelligible) won't be calling them quite yet, okay? So (unintelligible) with some people and then we're gonna come back and (unintelligible) if you're okay with that. So just give us a little bit more time. Like I said, when we're done with that
(unintelligible).
AUDIO RECORDING: So, will you guys tell his family, like, today or after tomorrow?
(Unintelligible.)
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) investigation is pretty much complete here, we will contact you (unintelligible).
But, again, (unintelligible) not gonna just go and do it (unintelligible) or anything like that.
But how -- and I understand that you guys can probably do it, you know, so -- but, like, what do you just tell them? What do you tell his parents? Like, what's the reason (unintelligible).
We tell them what we know at that point. We tell them the truth.
That we're gonna be waiting for the autopsy results and I will get the autopsy in the morning, and hopefully the doctor will be able to give me what they think and see.
(Unintelligible.)
AUDIO RECORDING: Yeah, they're gonna know what we're -- you know, what we're investigating and that (unintelligible).
They're gonna think I killed him.
Why would they think that?
They always have said that. They've always, always, always have said that. I told you, because I'm the blue-eyed white (unintelligible) because they don't want him with me. So he's basically just not going around his family because he chooses me over them. Even after I've encouraged him numerous times to go up there and see his family (unintelligible) off me sometimes.
Do you have somewhere safe you can go tonight?
Both my parents are deceased. My grandparents are deceased. My aunt and uncle are deceased. I've got nobody. I have a brother that's in the Marines and I've got another one that's in jail.
(Unintelligible) the Marines is local?
No. Well, he's in Altamonte, but I think he's doing whatever (unintelligible).
You're going to Brian's, right?
Yes.
Does he have a phone?
No. He doesn't have one. He uses my phone
(unintelligible).
AUDIO RECORDING: So (unintelligible).
(Unintelligible) don't have a problem with it.
Well, like I said, we're not gonna leave you here -- if you do not feel safe, we're not gonna leave here with you not feeling safe (unintelligible).
(Unintelligible) Philadelphia (unintelligible) Philadelphia (unintelligible) because there's gonna be a funeral, right?
You're talking, like, days (unintelligible).
No, I'm talking right here, right now.
So let me do my investigation. Let me go and do this paperwork that I'm talking about because we can go back and forth about (unintelligible) all day long. So I promise, we're not gonna leave here and you not feel safe (unintelligible).
I don't know what to tell you. I don't even know what to tell you.
Okay. Just take a seat and have some water. Give us a few minutes. Let us do our thing and we'll be back (unintelligible), okay?
(Unintelligible.)
AUDIO RECORDING: Thank you.
You're welcome.
(Unintelligible.)
AUDIO RECORDING: Okay.
(Unintelligible.)
AUDIO RECORDING: There's nobody in here, it's just me.
(Unintelligible) I have relief coming
(unintelligible).
(Audio/video stopped.)
MR. CACCIATORE: No further questions.
THE COURT: Thank you.
Any cross-examination?
MR. OWENS: No, sir.
THE COURT: Can this witness be released?
MR. CACCIATORE: Yes, Your Honor.
MR. OWENS: Yes.
THE COURT: Thank you, sir. You're released, not subject to recall. Thank you.
JOHN MARTINEZ: Thank you.
(Witness excused.)
THE COURT: State, you may call your next witness.