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2024 Criminal TrialtranscripttranscriptVincent Battaglia — Direct/Cross/Redirect - Day 5 - 2024 Criminal TrialNeighbor Vincent Battaglia testified about frequent arguing and an unidentified loud noise from Boone and Torres’s apartment on February 23, 2020. Cross-examination and redirect clarified his estimated timeline before the court released him without recall.
Dave Cacciatore, Jr.James Sylivan OwensMichael KraynickVincent BattagliaMR. CACCIATORECourt ClerkVincent BattagliaTHE COURTMR. OWENSdirectcrosssidebarredirect
2024 Criminal Trial/Day 5/October 18, 2024
14 pages·10 witnesses·2,056 lines
Opening statements presented punishment and self-defense theories before prosecution witnesses described calls, arguments, a loud noise, and Boone's accounts of Torres's death. The court admitted store records, a 911 recording, body-camera recordings, photographs, and physical evidence. Cross-examination addressed recollection limits and forensic testing that was not performed.
DirectDirectVincent Battaglia — Direct Vincent Battaglia Dave Cacciatore, Jr.
13:05:55

MR. CACCIATORE: State would call Vincent Battaglia.

23:05:58

COURT CLERK: Raise your right hand to be sworn, please.

VINCENT BATTAGLIA

being called as a witness, and having first been duly sworn,

testified as follows:

73:06:03

THE COURT: Sir, you may be seated.

83:06:06
93:06:07

THE COURT: After you're seated, if you can state and spell your name for the record for us.

103:06:10

VINCENT BATTAGLIA: It's Vincent Battaglia, V-i-n-c-e-n-t B-a-t-t-a-g-l-i-a.

113:06:18

THE COURT: Thank you.

Sir, you may inquire.

DIRECT EXAMINATION

BY MR. CACCIATORE:

143:06:21

MR. CACCIATORE: Good morning, sir.

153:06:22

VINCENT BATTAGLIA: Good morning.

163:06:23

MR. CACCIATORE: Can you tell us what it is you do for a living?

173:06:26

VINCENT BATTAGLIA: Right now, I work for an auto parts company.

183:06:30

MR. CACCIATORE: And where do you live?

193:06:31

VINCENT BATTAGLIA: New Jersey.

203:06:33

MR. CACCIATORE: Okay. Back on February of 2020, where were you living at that time?

213:06:39

VINCENT BATTAGLIA: I was living at the Tealwood Apartments in Winter Park, Florida.

223:06:41

MR. CACCIATORE: And what were you doing at that time when you were living at Tealwood?

233:06:47

VINCENT BATTAGLIA: I was enrolled in Full Sail University. I was in school.

243:06:51

MR. CACCIATORE: When you were living at Tealwood, did you have any roommates?

253:06:55

VINCENT BATTAGLIA: Yeah. Yeah, I had one roommate, Brandon. Yeah, that was it, just him.

263:07:00

MR. CACCIATORE: That's Brandon Moats?

283:07:02

MR. CACCIATORE: Okay. Did you have neighbors?

303:07:06

MR. CACCIATORE: Were you neighbors with -- with Sarah Boone and Jorge Torres?

323:07:14

MR. CACCIATORE: And approximately how long were you neighbors with them?

333:07:19

VINCENT BATTAGLIA: About a year. A little over a year. I moved there in January 2019.

343:07:23

MR. CACCIATORE: And during the course of that year that you were neighbors with them, did you have occasion to interact with them at times?

363:07:35

MR. CACCIATORE: In fact, did you ever go over to their home?

373:07:41

VINCENT BATTAGLIA: Yeah. Like, a couple times, yeah.

383:07:45

MR. CACCIATORE: And I believe you tuned a guitar for the child there at the house?

403:07:55

MR. CACCIATORE: This Tealwood apartment complex, how would you describe the walls that separated your units?

413:08:04

VINCENT BATTAGLIA: Thin. Like, very thin walls.

423:08:11

MR. CACCIATORE: And with those walls being so thin, would you ever have occasion to hear arguing and yelling coming from Sarah -- Sarah Boone and Jorge Torres' apartment?

433:08:24

VINCENT BATTAGLIA: Yeah, yeah.

443:08:27

MR. CACCIATORE: How often would you hear this?

453:08:31

VINCENT BATTAGLIA: Almost daily.

463:08:37

MR. CACCIATORE: Did Sarah Boone ever approach you about the things that you heard coming from their apartment?

483:08:49

MR. CACCIATORE: And where were you when she approached you?

493:08:53

VINCENT BATTAGLIA: I was smoking a cigarette on my back patio.

503:08:56

MR. CACCIATORE: And, approximately, what time was this?

513:09:00

VINCENT BATTAGLIA: It was pretty late. I can't remember the exact time, but it was definitely anywhere between, like, midnight to 2 a.m. Like, right around there.

523:09:06

MR. CACCIATORE: And do you remember how -- how much before the date when the police called that this occurred?

533:09:19

VINCENT BATTAGLIA: A few months. Like, probably four or five months before that.

543:09:26

MR. CACCIATORE: So four or five months before February of 2020?

553:09:30

VINCENT BATTAGLIA: Of 2020, yeah. Yeah.

563:09:33

MR. CACCIATORE: And when she approached you on this late evening/early morning on that day, what did she tell you?

573:09:42

VINCENT BATTAGLIA: Pretty much just kind of, like, if -- if I do hear anything, like, through the walls or whatever, just out back, just kind of keep my mouth shut. Like, don't really speak about it or anything like that or say anything to anyone. And I just was like, Okay.

583:09:59

MR. CACCIATORE: Did she make any motions with her hands?

593:10:03

VINCENT BATTAGLIA: Yeah. Like, just kind of like (indicating), you know, finger over the lips. Like, kind of shh. Like, keep it hush. Like, that kind of thing.

603:10:10

MR. CACCIATORE: So she told you not to report anything --

623:10:15

MR. CACCIATORE: -- you may have heard about arguments or yelling or fighting, anything going on over there?

633:10:21

VINCENT BATTAGLIA: Yeah, yeah.

643:10:21

MR. CACCIATORE: Do you recall the evening of February 23rd, 2020?

653:10:33

VINCENT BATTAGLIA: I do, yeah.

663:10:35

MR. CACCIATORE: And what about that evening sticks out to you?

673:10:42

VINCENT BATTAGLIA: The -- that sticks out to me from that night was literally just the loud -- there was a very, very loud noise that I heard that was loud and powerful enough to shake my bedroom wall. And I remember that because I was sitting on my bed on FaceTime with my girlfriend at the time and I literally felt the wall shake, and it stopped me mid conversation. And she even asked me through the computer, like, What was that? And I was like, I have no idea.

683:11:09

MR. CACCIATORE: Did you hear any yelling coming from their apartment on that night?

693:11:16

VINCENT BATTAGLIA: Before that, yeah. Like, it was just arguing kind of stuff.

703:11:21

MR. CACCIATORE: What was the last thing you heard?

713:11:25

VINCENT BATTAGLIA: The last thing I heard was, like, the -- the loud noise and a little bit of shuffling and that was kind of it. It just kind of went silent after that.

723:11:36

MR. CACCIATORE: Could you hear anything that was being said?

733:11:41

VINCENT BATTAGLIA: Not clearly. And it was never really anything clear. It was just, like, you could hear arguing back and forth, just kind of, like, in -- kind of, like, an "I hate you, I hate you." Whatever it is, whatever the argument was about kind of thing at the time, that's really all it was, but it was never really clear enough to hear, like, the full argument. And, honestly, I never really paid attention to it too much. Even if I heard it, I kind of stepped into my living room to be further away from it, so...

743:12:15

MR. CACCIATORE: Did you hear both the defendant's voice and also Jorge Torres' voice?

753:12:23

VINCENT BATTAGLIA: Yeah. Yeah, all the time. It was, like, a back and forth.

763:12:26

MR. CACCIATORE: So other than the statements and the phrases of, "T hate you, I hate you," you weren't able to discern the -- the contents of this argument?

773:12:38
783:12:46

MR. CACCIATORE: What was the last sound you heard?

793:12:48

VINCENT BATTAGLIA: The last sound that I heard was, like, the loud banging noise that -- it was, like, a very odd-sounding noise that I've never heard before this day, but it very much sounded like it was -- like, where my bed was positioned, it was kind of towards the back of the apartment and it almost sounded like it was coming towards me, but, like, on the side of me, you know. Like, it was just, like, a loud rumbling noise that literally sounded like it was kind of far away from me and then it, like, ended up, like, almost next to me. And like I said, the walls are thin, so, like, it's very easy to hear, like, through the walls. And not even just sideways, like, I can hear my upstairs neighbor. Like, all around, very thin walls.

803:13:29

MR. CACCIATORE: Now, was your bedroom -- where was it located in your apartment?

813:13:33

VINCENT BATTAGLIA: The back of the apartment. So it was, like -- there's, like, a little kick-out next to my patio, and that's, like, my -- that was my bedroom back there, like, along the grass back there.

823:13:42

MR. CACCIATORE: On the first floor?

833:13:43

VINCENT BATTAGLIA: On the first floor, yeah, yeah.

843:13:46

MR. CACCIATORE: I have no further questions.

CrossCrossVincent Battaglia — Cross Vincent Battaglia James Sylivan Owens
853:13:47

THE COURT: Any cross-examination?

CROSS-EXAMINATION

BY MR. OWENS:

883:13:49

MR. OWENS: Mr. Battaglia, good morning.

893:13:52

VINCENT BATTAGLIA: Good morning.

903:13:53

MR. OWENS: Now, you said that you lived there next to Sarah Boone and Jorge Torres for about a year?

913:14:02
923:14:03

MR. OWENS: Are you aware that the police were called to their residence?

933:14:10
943:14:12

MR. OWENS: While you were there for the year, are you aware of any incident in which the police were called to their residence?

953:14:19

VINCENT BATTAGLIA: I had never seen anybody there, but I had had other neighbors in the complex tell me that it has been on multiple occasions, so that's why --

963:14:28

MR. OWENS: Just instead of what somebody else told you --

973:14:30

VINCENT BATTAGLIA: Yeah, yeah.

983:14:31

MR. OWENS: -- just what you had observed. Did you ever -- the year that you were there living next to them --

1003:14:37

MR. OWENS: -- did you ever -- were you ever aware that the police were called to their residence?

1013:14:42

VINCENT BATTAGLIA: No. The times that I was home, I never -- I never Saw any police at the -- at the apartment there.

1023:14:46

MR. OWENS: All right. And did you work odd hours or you went to school?

1033:14:49

VINCENT BATTAGLIA: Yeah. And with my schooling and stuff too, I used to have class at, like, 1:00 in the morning, so I would -- all the time I was, at random moments, like, just not home throughout the day and night and stuff like that, so yeah.

1043:15:01

MR. OWENS: Do you have an opinion as to whether or not, based on your interaction with Sarah Boone --

1053:15:06

MR. CACCIATORE: Your Honor, I'm going to object.

1063:15:07

THE COURT: Let him finish the question first, please.

BY MR. OWENS:

1083:15:08

MR. OWENS: Do you know, from your experience with Sarah Boone and your experience with Jorge Torres, that they drank alcohol?

1103:15:22

THE COURT: Hang on.

1113:15:25

MR. CACCIATORE: I'll withdraw it to that question.

1123:15:27

THE COURT: Okay. Thank you.

BY MR. OWENS:

1153:15:30

MR. OWENS: Are you aware that they both consumed alcohol to excess?

1173:15:35

MR. OWENS: Thank you.

Hold on, Judge.

THE COURT: Yes, sir, of course.

BY MR. OWENS:

1203:15:53

MR. OWENS: Now, Vincent, I think you had testified you may have given a statement to law enforcement?

1213:16:00

VINCENT BATTAGLIA: Yes. It was one of the detectives.

1223:16:02

MR. OWENS: A recorded statement?

1233:16:03

VINCENT BATTAGLIA: Yes. I can't remember his name, but yes.

1243:16:05

MR. OWENS: Okay. And I think it was on February 23rd of 2020?

1253:16:10

VINCENT BATTAGLIA: Yeah. Right around that time, yeah.

1263:16:12

MR. OWENS: And I believe you had said that --

1273:16:14

MR. CACCIATORE: I'm going to object as to improper impeachment.

1283:16:19

THE COURT: Approach.

sidebarsidebarCross-Examination About Arrival Home

(At the bench.)

1303:16:19

THE COURT: Response?

1313:16:20

MR. OWENS: It's cross-examination. I'm going to ask him if he got home around 7:00.

1323:16:27

THE COURT: There's no impeachment. If you want to ask him that, that's fine, but let's not refer toa writing.

1333:16:36
1343:16:37
CrossCrossVincent Battaglia — Cross Vincent Battaglia James Sylivan Owens

(In open court.)

1363:16:38

THE COURT: The objection is overruled for now.

BY MR. OWENS:

1383:16:41

MR. OWENS: Sir, would it be fair to say, on that date, you got home around 7:00; 7 p.m.?

1393:16:48
1403:16:49
1413:16:50

VINCENT BATTAGLIA: Which day was this?

1423:16:51

MR. OWENS: Sunday, February 23rd, 2020.

1433:16:54

VINCENT BATTAGLIA: No. That day I actually got home from work probably around 1:00 or 2:00 or so.

1443:17:03

MR. OWENS: In the morning?

1453:17:04

VINCENT BATTAGLIA: No. In the afternoon, because I went to work that morning at around 5 a.m.

1463:17:09

MR. OWENS: And you said that you heard the normal yelling and arguing at about that time when you got home?

1473:17:17

VINCENT BATTAGLIA: No. It was -- well, yeah, it was around that time, but it was really around, like, 10:00, 10:30 is when, like, the arguing -- I could hear it clearly. It was, like, around 10:30 at night.

1483:17:29

MR. OWENS: Okay. Thank you.

Thank you.

THE COURT: Any redirect?

MR. CACCIATORE: Just very briefly.

1513:17:50

THE COURT: Yes, sir.

RedirectRedirectVincent Battaglia — Redirect Vincent Battaglia Dave Cacciatore, Jr.

REDIRECT EXAMINATION

BY MR. CACCIATORE:

1543:17:52

MR. CACCIATORE: So on cross-examination, you were asked about the arguing you heard, and I believe your testimony was that it was pretty intense around 10:30?

1563:18:12

MR. CACCIATORE: Approximately what time was it that you heard this loud, crashing thump sound that you described?

1573:18:19

VINCENT BATTAGLIA: A little after that.

1583:18:22

MR. OWENS: Judge, I think it's been asked and answered.

1593:18:22

THE COURT: Overruled.

1603:18:24

VINCENT BATTAGLIA: It was a little after that arguing and stuff. It was probably around 11:00, 11:15. Probably 30, 45 minutes after, like, the arguing I could hear started.

1613:18:33

MR. CACCIATORE: No other questions.

1623:18:35

THE COURT: Can this witness be released?

1633:18:37

MR. CACCIATORE: Yes, Your Honor.

1643:18:39
1653:18:39

THE COURT: Not subject to re-call?

1663:18:41

MR. OWENS: We would like him subject to re-call. You've got his number.

1673:18:46
1683:18:46

MR. CACCIATORE: Your Honor, may we approach?

1693:18:48
sidebarsidebarWitness Release and Timing for Mr. Moats

(At the bench.)

1713:18:49

MR. CACCIATORE: This witness lives in New Jersey. He has a plane ticket.

1723:18:53

MR. OWENS: T'll release him. T'll release him.

1733:18:56

THE COURT: Okay. Thank you. Appreciate it.

1743:18:58

MR. OWENS: It's 12 --

1753:18:58

THE COURT: I know. My next question -- I was going to bring you-all up anyway. So where are we at?

1763:19:06

MR. CACCIATORE: I have his roommate, Mr. Moats, who I imagine his testimony would be of similar length, maybe even shorter, because he had less interaction with the defendant and the victim than Mr. Battaglia.

1773:19:20

THE COURT: Okay. I'm inclined to proceed with Mr. Moats and then probably take a break at that point in time. Is that acceptable?

1783:19:28
1793:19:29
RedirectRedirectVincent Battaglia — Redirect Vincent Battaglia Dave Cacciatore, Jr.

(In open court.)

1813:19:30

THE COURT: All right. Sir, you are released, not subject to re-call. Have a great day. Thank you.

1823:19:33

(Witness excused.)

Continue to next page9.Brandon Moats — Direct/Cross