12.Kayla Rodriguez — Direct
271 linesMR. CACCIATORE: State would call Deputy Kayla Rodriguez.
COURT CLERK: Raise your right hand to be sworn, please.
KAYLA RODRIGUEZ
was called as a witness and, having first been duly sworn,
testified as follows:
KAYLA RODRIGUEZ: Yes.
THE COURT: Good afternoon, ma'am. You could be seated. Please state your name and spell it for the record, if you could for us.
KAYLA RODRIGUEZ: Kayla Rodriguez. Kayla, K-a-y-l-a. Rodriguez, R-o-d-r-i-g-u-e-z.
THE COURT: Thank you.
Mr. Cacciatore, you may inquire.
DIRECT EXAMINATION
BY MR. CACCIATORE:
MR. CACCIATORE: Good afternoon, ma'am.
MR. CACCIATORE: Can you tell us, who is it that you work for?
KAYLA RODRIGUEZ: Orange County Sheriff's Office.
MR. CACCIATORE: And what is your position with the Orange County Sheriff's Office?
KAYLA RODRIGUEZ: Deputy sheriff.
MR. CACCIATORE: And how long have you been a deputy sheriff?
KAYLA RODRIGUEZ: A little over eight years, since 2016.
MR. CACCIATORE: And tell us, what are your duties as a deputy sheriff?
KAYLA RODRIGUEZ: As a deputy, I respond to calls for service, anything from an over-with call, like a car being keyed the day prior, or a 911 emergency.
MR. CACCIATORE: And what type of training do you need to be a deputy sheriff?
KAYLA RODRIGUEZ: So for me, I obtained my bachelor's degree from UCF in criminal justice in 2014. After that, in 2016, was hired by the sheriff's office. Right after being hired, I went straight into the academy. The academy is five months of training. We go over everything from case law, scenarios, defensive tactics, physical training.
After that, I do two more months with the sheriff's office where we go specifically into policies related to Orange County specifically.
After that, I do three months on the road with a trainer where we are evaluated periodically through that process. You have a partner, you respond to calls for service during that time, you slowly learn how to handle calls by yourself.
MR. CACCIATORE: Do you also undergo continuing training as a condition of your employment?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Tell us what were -- were you working on February 24th, 2020?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And tell us, what area of the county were you working in?
KAYLA RODRIGUEZ: Orange County. Unincorporated Orange County.
MR. CACCIATORE: And did you receive a call in regards to this case?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And what was that call -- what information did you have at the time you received the call?
KAYLA RODRIGUEZ: So, the dispatcher informed me that a woman called 911. She was actively performing CPR, and that her boyfriend was in a suitcase.
MR. CACCIATORE: And did you respond out to the scene?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And when you responded out to the scene, were you dressed similarly as you are dressed today?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Okay. And just for the record, you have, it looks like a standard green uniform on, with a tool belt, your firearm, and also a radio, body-worn camera, badge?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Tell us about your body-worn camera.
KAYLA RODRIGUEZ: So, my body camera is used to capture scenes when we arrive. So as we are conducting any sort of law enforcement action, we turn our camera on.
MR. CACCIATORE: When you turn your camera on, tell us, is there -- does it immediately capture sound at that point?
KAYLA RODRIGUEZ: It does not. When we activate our camera it goes back a minute, and the minute that it goes back to, you don't hear any audio for that first minute.
MR. CACCIATORE: Tell us also about the capacity and the battery life of your camera as well.
KAYLA RODRIGUEZ: So, the battery will last us an entire shift, typically, if it's in a buffering mode. So if we're not recording, it will last the entire shift. As we record, it does drain the battery. So, typically, we will turn it off if we're sitting in our car for an extended period of time. If we call our supervisor, if we're talking to another deputy on the side, away from the scene, we will not have the camera recording. If it records throughout the entire shift, the battery would die, we would need multiple batteries.
MR. CACCIATORE: So you actually activate the camera in order to begin recording?
KAYLA RODRIGUEZ: Correct.
MR. CACCIATORE: Was your body camera operational on this call-out --
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: -- in this case?
MR. CACCIATORE: Your Honor, may I approach the witness with what's been previously marked for identification as State's H, I, and G, that have been shown to defense?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'am, I'm first showing you what's been marked for identification as State's I. Do you recognize that disc?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Did you have an opportunity to review that disc prior to coming to court today?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And tell us, what is that disc?
KAYLA RODRIGUEZ: Body-worn camera from the day of the incident.
MR. CACCIATORE: From February 24th, 2020?
KAYLA RODRIGUEZ: Correct.
MR. CACCIATORE: And is that your initials on the disc?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And does that disc fairly and accurately represent the contents of the body-worn camera?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's previously been marked for identification as State's I into evidence.
THE COURT: Any objection?
MR. OWENS: No objections.
THE COURT: What was premarked as I will be received into evidence, without objection, as State's 4.
(State's Exhibit 4 received in evidence.)
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'am, next, I'm showing you what's been marked for identification as State's H. Can you take a look at that disc?
KAYLA RODRIGUEZ: (Complies.)
MR. CACCIATORE: Tell us, what is that disc?
KAYLA RODRIGUEZ: Body-worn camera from the day of the incident.
MR. CACCIATORE: From February 24th, 2020?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And did you have an opportunity to review that disc prior to coming to court today?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And is that your initials on the disc?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And does that disc fairly and accurately represent the contents of that portion of your body-worn camera from that day?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's been marked for identification as State's H into evidence.
MR. OWENS: No objection to any of those coming in.
THE COURT: All right. What was premarked as State's H will be received, without objection, as State's 5.
(State's Exhibit 5 received in evidence.)
BY MR. CACCIATORE:
MR. CACCIATORE: Lastly, ma'am, I'm showing you what's been marked for identification as State's G. Do you recognize this disc?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And tell us, what is that disc?
KAYLA RODRIGUEZ: Body-worn camera from the day of the incident.
MR. CACCIATORE: From February 24th, 2020?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And you had an opportunity to review this camera prior to coming to court?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And is that your initials on the disc?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: And it fairly and accurately represents your conduct on the body-worn camera?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's been marked for identification as State's G into evidence.
MR. OWENS: No objection.
THE COURT: Thank you. What was premarked as State's G will be received, without objection, as State's 6.
(State's Exhibit 6 received in evidence.)
MR. CACCIATORE: Your Honor, request permission to publish State's 4?
THE COURT: You may.
MR. CACCIATORE: Your Honor, may we dim the lights and use the overhead projector?
THE COURT: Yes.
(State's Exhibit 4 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: Hello, there.
You live here?
Yes.
Okay. I'll talk to you later (unintelligible).
(Unintelligible.)
(Unintelligible.)
AUDIO RECORDING: Oh, don't worry about that. We'll take care of that for you, okay?
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) one second, okay?
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) give me one second.
(Unintelligible.)
AUDIO RECORDING: I put the time at the top.
Okay. Perfect.
Go ahead.
(Unintelligible.)
AUDIO RECORDING: You can't go back inside.
What's going on? Who is he to you?
Yes, for three and a half years.
What happened?
We had -- we drank last night (unintelligible).
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) No, no, no (unintelligible).
This might be (unintelligible) when you
(unintelligible).
AUDIO RECORDING: What's going on? Fill me in.
(Unintelligible.)
AUDIO RECORDING: You were playing a puzzle together?
Yes. We had a puzzle that we started in there.
Okay.
We've been doing our -- trying to pull off the (unintelligible) to make new art (unintelligible), but were drinking (unintelligible). So then it's, like, we started playing hide and seek, right?
Okay.
So he gets in the suitcase (unintelligible).
(Unintelligible.)
AUDIO RECORDING: No. I called him over here.
Okay, Okay.
I didn't know what to do.
Okay.
I didn't know what to do.
Okay.
So then he came over here --
Let's talk about it inside, okay?
-- I called you guys.
(Unintelligible.)
AUDIO RECORDING: The problem is, is I fell asleep. I fell asleep.
When did you do CPR?
This morning when I found him.
That's when you called?
Yes. Yes. Want to talk right now. I tried -- I was awake, but I actually got out of the bed at, like, 12:30-ish. So I came downstairs and I was, like, oh, he's in the suitcase still (unintelligible) took him out, tried to do CPR, and I called him and I called you guys.
Did he get here before the fire department got here?
Who?
Your husband -- or your ex-husband?
Yes, yes.
Okay. Where does he live at?
Right down the street.
Okay. So you were playing and who zipped him up in the --
I did. But then I fell asleep.
Okay (unintelligible), you're okay. I'm just trying to figure out what happened.
I fell asleep (unintelligible) suffocating
(unintelligible).
AUDIO RECORDING: What kind of medical conditions did he have?
None that I know of.
None that you know of.
Not that I know of.
(Unintelligible.)
AUDIO RECORDING: No, no. All we had was a bottle of wine, literally, just a bottle of wine.
Okay.
(Unintelligible) artwork, then we started playing hide and seek. That's all what happened.
Okay, okay.
(Unintelligible) what happened.
So how long were you doing CPR on him prior to you calling 911 (unintelligible) ?
Yes.
Okay.
And then I called him when (unintelligible).
(Unintelligible) Here, let me tell the deputy
(unintelligible).
(Unintelligible.)
AUDIO RECORDING: Ma'am, and you can't talk to him until we get (unintelligible), okay?
Just don't leave, okay, Brian?
Thank you, ma'am. Appreciate it.
(Unintelligible.)
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) you haven't had -- cleared the back bedrooms real quick, just make sure there's nobody else in here.
Is he in here by himself?
(Unintelligible) with the girlfriend and the girlfriend (unintelligible) were playing hide-and-go-seek is what she said (unintelligible) all morning (unintelligible). So I'm going to go ahead and start making phone calls. What do I do with this dog? I don't want him to mess with -- come here, come here.
(Unintelligible.)
AUDIO RECORDING: Yes. Come on, let's go outside. Come on.
Good boy.
(Unintelligible.)
AUDIO RECORDING: (Unintelligible), but just want to make sure.
(Unintelligible.)
AUDIO RECORDING: Doesn't touch anything.
Orange County.
(Unintelligible.)
AUDIO RECORDING: Clear over here. Let me check this closet.
(Unintelligible.)
AUDIO RECORDING: Where's the garage? Where's the garage?
I guess you're going to have to set up the crime scene now.
(Unintelligible.)
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) probably a lot for you to deal with, right?
(Unintelligible) water?
I can get you some water, okay? Just (unintelligible) passing out on me.
I need some water.
Okay. I'll get some for you.
(Unintelligible.)
(Audio/video stopped.)
MR. CACCIATORE: Your Honor, request permission to publish State's 5?
THE COURT: You may proceed.
(State's Exhibit 5 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: (Unintelligible) go ahead and start making some calls.
(Unintelligible) his last name, Torres.
Spell it for me.
T-o-r-r-e-s.
And his first name?
Jorge, J-o-r-g-e.
J-o-r-g-e. J-o-r-g-e. His birthdate?
2/13/78.
And this is your boyfriend?
Yes.
How long?
Three and a half years.
Living together that whole time?
Yes.
Okay. And your last name?
Boone.
Spell it.
B-o-o-n-e.
First name?
Sarah, S-a-r-a-h.
Birthdate?
10/10/77.
So you have (unintelligible). Talk to me again. You guys were playing last night, drinking a bottle of wine.
Putting puzzles together, doing artwork.
(Unintelligible.)
AUDIO RECORDING: Had a bottle of wine and then started to play hide and seek.
What time was that; do you remember?
I mean, I know that I was in bed probably by like, what, 12:30.
Okay.
But I went upstairs at least and then I fell asleep.
Okay.
Forgetting that he was in a suitcase.
You guys were playing hide-and-go-seek?
Yes.
And at some point you put him in the suitcase?
No. He got in the suitcase. So he thought it was funny to be put in a suitcase. So I was, like, okay, well, I'm going to joke with you and I'll zip you up and make him, you know, squirm a little bit, whatever it is, but then I fell asleep. I fell asleep.
Where was the suitcase?
Right (unintelligible).
Right down there?
Yes.
You zipped him in there --
Yes.
(Unintelligible.)
AUDIO RECORDING: It was. We both were laughing about it. And then I fell asleep.
Where did you fall asleep at?
Upstairs.
In your bedroom?
Yes.
Okay.
Totally forgetting that he was in the suitcase, though.
Okay. And then you came back downstairs.
(Unintelligible.)
AUDIO RECORDING: What time?
12:30-ish. I was awake, but I totally forgot he was in the suitcase. He can tell you there's a lot of things that I (unintelligible).
Yeah, he did tell me -- (Unintelligible), so I just totally forgot.
And then you began to do CPR on him?
Yes, yes.
About what time did you start CPR
(unintelligible).
AUDIO RECORDING: No, it was the afternoon, it was the afternoon, because I was awake. Then I finally started to come downstairs like 12:30-ish, whatever it is, and I was like, oh, (unintelligible) he wasn't moving, nothing was happening, so I unzip it, unzip it, unzip it, took him out and started doing CPR on him. He was on his way over here. I called you when he got here.
Once he got here, you called us?
Yes.
Okay.
And, like, air was coming out and he was gurgling, but I could just tell by looking at him.
(Unintelligible) CPR doing it on your own?
Yes.
Okay.
And then the person that was on the phone with me also I kind of was --
And he's go not medical -- he doesn't take any medications?
I don't know -- I don't know medical-wise. Like, I know he was taking medications for whatever. The only thing, like I said, I don't know if alcohol has to do with it, but we had a bottle of wine.
Okay. All right. Here, I want you to sit back down because I don't want you --
Can I have water, please?
Yeah, go ahead.
(Unintelligible) get you a cup (unintelligible).
The cops are right here.
(Unintelligible.)
AUDIO RECORDING: Can I have a cigarette, please?
Ma'am, I can't take anything out of the house.
It's on the back porch.
No. All of it's secured, okay? I'll try my best to get you what you need, okay? (unintelligible) from someone. Sit down and I'll try to get you what you need, okay?
Just (unintelligible).
Okay.
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) dog away.
He came back in?
Yeah, he's right here.
So there's no (unintelligible) the rundown?
(Unintelligible.)
AUDIO RECORDING: She's sitting on the curb. I told her to sit down.
(Unintelligible.)
AUDIO RECORDING: I was getting ready to call you guys.
Are you on the camera still?
Yeah.
(Unintelligible.)
AUDIO RECORDING: You want to talk over here?
(Audio/video stopped.)
MR. CACCIATORE: Your Honor, request permission to publish State's 6?
THE COURT: You may do so.
(State's Exhibit 6 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: (Unintelligible) did you get enough water?
(Unintelligible.)
AUDIO RECORDING: No, you gotta stay seated. I don't want you getting light-headed.
(Unintelligible.)
AUDIO RECORDING: So the rest of the detectives are gonna come out and talk to you and go from there, you know what I'm saying? They're here. They're gonna ask you a few questions and then we'll go from there, okay?
Yes.
All right. All right, Sarah, my name is Chelsey, my partner (unintelligible). It's my understanding you reside here?
Yes.
Is it just you --
And Jorge.
Okay.
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) okay. But you reside here with Jorge and then your son lives with you (unintelligible) 50/50?
Yeah.
Okay. So from what (unintelligible) has told me, she explained last night that you guys were drinking a bottle of wine and around midnight you decided --
(Unintelligible.)
AUDIO RECORDING: Okay. You guys decided to play hide and seek.
Oh, we were playing hide and seek, and then --
Was your son home at the time?
No.
Okay.
(Unintelligible.)
AUDIO RECORDING: Okay.
Decided to play, we'll just leave it like that, like, sure. We (unintelligible) together, did some artwork (unintelligible) the artwork, and then decided to play hide and seek (unintelligible).
Okay.
So he decided to get into the suitcase. So I thought it would be funny to -- and he was laughing about it, too (unintelligible). I go upstairs and fell asleep. So this morning when I woke up -- this afternoon (unintelligible) got up out of the bed, I went (unintelligible) he was really quiet. Then I came upstairs and I'm, like, where is he -- oh,
(unintelligible).
AUDIO RECORDING: Okay.
I don't know what happened.
Okay. And then you weren't sure about if you woke up this morning --
(Unintelligible) afternoon, but I just didn't want to come downstairs.
Okay.
So I just laid in bed for a little while and then (unintelligible) where he was and (unintelligible) oh, my God, he's in the suitcase, so I pulled him out and I stretched him out and I started to do CPR (unintelligible), so I called Brian. Then I -- as soon as he got here, I called you guys.
Okay.
And the person on the phone had me do compressions until you guys showed up.
Okay. And -- so as part of our investigation, we obviously have to go inside the house, we have to look at things. Are you okay with us going in the house and looking at things?
Yes.
Okay. Okay. And forensics -- so we have to have our forensics crime scene investigators come out. Are you also okay with them coming inside (unintelligible)?
Okay.
Okay. Can I ask if (unintelligible), is he diagnosed with any kind of medical issue?
Not that I know of. Not that I know of. I don't know -- I mean (unintelligible), but I don't know. I mean, (unintelligible) bottles of wine that are there, but I don't know (unintelligible).
That would be my next question. So you guys don't normally drink, you just drink once in a while or --
I'd say, like, okay, I guess normal drinking, like, we will have a glass of wine or two, like, (unintelligible) it's not like --
(Unintelligible.)
AUDIO RECORDING: I don't -- I don't understand for the little bit that we had (unintelligible) what happened to him, I don't know.
(Unintelligible) all day yesterday?
Yes.
Okay. But neither of you left the apartment yesterday?
(Unintelligible) cigarettes.
Okay.
But you could walk there.
Does he have (unintelligible)? I know (unintelligible), but you said (unintelligible).
I don't know.
As far as you've never -- never seen --
No. I mean, he's from Philadelphia and he grew up in Philadelphia and then he went to Massachusetts and then from Massachusetts he came out here. So I don't really know a whole lot of, like, medical history or --
How long have you guys been together?
Almost four years, like three and a half years.
You guys have been living here the whole time?
Yes.
Has he ever been to the doctor or the hospital during that time?
He had -- he and his brother got into a real bad argument at one point (unintelligible), but he hasn't been to the hospital from that. And then I talked him into going to see like a regular physician so he could get just like a regular checkup thing --
Yeah.
-- but they were (unintelligible).
How long ago was that?
The surgery or the doctor?
Both.
The surgery I think (unintelligible) two years maybe, two and a half years. The checkup was probably
(unintelligible).
AUDIO RECORDING: And the suitcase is still in there?
Yes, (unintelligible).
Is it normally stored down there or did you guys travel recently?
No. He was (unintelligible).
Okay. You guys didn't recently travel somewhere?
(Unintelligible.)
AUDIO RECORDING: After you zipped him up, did you move the bag around (unintelligible) or you just zipped it up and walked away?
(Unintelligible) and I went upstairs and I fell asleep.
What position was he in when he went (unintelligible)? Was he sitting on his rear end and his head up or was he just kind of --
No, like this is (unintelligible) right there.
So he was laying on his side?
Yes. Yes.
And you just closed the flap and zipped it around him?
Yes.
Okay.
We were playing.
I understand. Okay.
So he said that (unintelligible) with family? Like, who do I talk to about --
We're gonna do that. Once we -- once
(unintelligible).
(Unintelligible.)
AUDIO RECORDING: Yeah, we're gonna --
I'm just telling you, like, I'm afraid for my life. I'm afraid for my life.
Why is that?
His family has never liked me. I'm the blue liar, white devil is what they call me. So they've never liked me, they've never taken me in, they've never accepted me, put it that way.
Have you called any of them?
We talked to his (unintelligible).
No, I mean, like, about this?
No.
Okay. I want you to know that we will be making that notification, so --
(Unintelligible.)
AUDIO RECORDING: Are they local?
Yes, they down the road. They're going to kill me. His kids are going to kill me. They're going to kill me. This was not intentional. They're not going to understand that. They're not going to accept it.
We're gonna do our own investigation and we will -- I will take -- we will definitely make sure that you don't feel (unintelligible).
I have a nine-year-old.
He's at school. I mean, he's with your husband -- ex-husband.
I know --
You husband said that -- your ex-husband said he made arrangements to have him picked up.
Oh, Okay, (unintelligible).
We're gonna go inside --
(Unintelligible) but you guys keep me posted.
Of course.
(Unintelligible.)
AUDIO RECORDING: All you have to do is (unintelligible) talk to us, he's standing right there, she'll be right here.
Okay. But when you guys tell me -- like, so what you're telling me, like (unintelligible) you won't call whoever it is without telling me, right? I mean,
(unintelligible).
AUDIO RECORDING: We're not calling -- we're not making phone calls. We're actually going to speak to them in person.
Yeah.
We are.
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) prior to us making --
I do not want to be here. They're going to kill me.
We'll address all of that, okay, before we leave, Okay?
This was --
Okay?
Thank you.
Thank you. Just stay seated, okay, Sarah? (Unintelligible), just relax. We'll keep checking on you.
(Audio/video stopped.)
BY MR. CACCIATORE:
MR. CACCIATORE: While you were at the scene, did you also make contact with Brian Boone?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: Did you take a statement from him as well?
KAYLA RODRIGUEZ: I did.
MR. CACCIATORE: Were all of your interactions with the defendant on that day captured on your body-worn camera?
KAYLA RODRIGUEZ: Yes.
MR. CACCIATORE: JI have no additional questions at this time.
THE COURT: Thank you.
Any cross-examination?
MR. OWENS: No questions, Judge.
THE COURT: Is the witness released?
MR. CACCIATORE: Yes, Your Honor.
MR. OWENS: Yes.
THE COURT: All right. You're released, not subject to recall, ma'am. Thank you.
KAYLA RODRIGUEZ: Thank you.
(Witness excused.)
THE COURT: Can the parties approach for a moment?
(At the bench.)
THE COURT: It is 3:18, probably a good opportunity for our afternoon break. Where do we find ourselves in the presentation side of things?
MR. CACCIATORE: I'm glad the Court brought it up. So I have two witnesses outside. Deputy Martinez, who is a responding officer, I would say would be roughly Similar in length to Deputy Rodriguez. And then we have the CSI, who I would anticipate being a little bit longer, maybe 30 to 45 minutes in length. My estimation was that that is probably going to take us to the 4:30 hour.
The next witness we would have would be Dr. Zydowicz, the medical examiner, who is going to be rather lengthy.
MR. OWENS: And cross is --
MR. CACCIATORE: If it would please the Court, it was my hope that we could maybe adjourn a few minutes early of 5:00 today after Ms. Roughgarden, the CSI's testimony, and be able to pick up Dr. Zydowicz's testimony in its entirety on Monday with the case.
Also, for the Court's knowledge, I think we're moving at a pretty good clip and I would anticipate probably being able to rest Monday afternoon, would be my thoughts.
THE COURT: Give me one moment. Just checking with Anita on something.
Okay. Just confirming that I have nothing else set for Monday because I have a senior judge covering my regular docket, just confirming that.
Yes, sir?
MR. OWENS: Mr. Beck wasn't here for that, but the State is saying they may be finished by Monday afternoon? Did you talk to Dr. Harper about --
MR. BECK: Just received an email from Dr. Harper this morning indicating that she is under -- we knew that she was under subpoena Tuesday and Wednesday. She thinks she's probably going to be on Tuesday for a capital case in Bay County, so she should be available Wednesday.
Dr. Brannon has -- he's under subpoena Monday and Tuesday for a hearing -- in a deposition. I think he's available Wednesday, that's my knowledge --
MR. OWENS: I'm thinking that Sarah Boone would testify Tuesday, maybe that's because she has to testify first before the --
THE COURT: That's been you-all's position the entire time.
MR. OWENS: So if Brannon and Harper can be here Wednesday, Sarah would probably take up most of Tuesday, I'm thinking, just right now.
THE COURT: Okay. All right. Irregardless, this is a great opportunity for our afternoon break. It's 3:21, at this point in time. They can come back at 3:35, give them 15 minutes to stretch their legs and then we can pick up with Deputy Martinez and the CSI and then just concluding a little bit early, if necessary.
MR. CACCIATORE: Thank you, Your Honor. I appreciate it.
(In open court.)
THE COURT: Members of our jury, it is 3:21. At this time, we are going to go ahead and take that afternoon regularly scheduled break. I'm going to ask you to come back here in 15 minutes at 3:37.
Similar instructions that I've given you previously. Please don't conduct any independent investigation or research as to persons, places, and things or charge involved, and do not have any discussions amongst yourselves or anyone else. I thank you for your service and will see you shortly.
(Jury exited.)
THE COURT: You-all may be seated. Thank you.
State, anything else we need to address?
MR. CACCIATORE: No, Your Honor.
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. We'll be in recess until 3:37. Thank you very much.
(Brief recess from 3:23 p.m. to 3:37 p.m.)
THE COURT: Thank you. You-all may be seated.
We are back on the record in Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
Let me get appearances for the State.
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
MR. OWENS: James Owens for Ms. Boone.
MR. HENDERSON: Tony Henderson for Sarah Boone.
THE COURT: Ms. Boone is still 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?
MR. CACCIATORE: Not from the State.
THE COURT: Defense?
MR. OWENS: No, Your Honor.
THE COURT: All right. Let's go ahead and stand and we can bring back in our panel.
COURT STAFF: Jury entering.
(Jury entered.)
THE COURT: You may seated.
State, do you recognize our jury?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes.
THE COURT: Members of the jury, again, if you could please raise your hand showing that you complied with the Court's instructions during our last break. All right. The record will reflect all jurors have raised their hands.
State, you may call your next witness.