2.Stipulations and Defendant Colloquy
97 lines(At the bench.)
MR. CACCIATORE: Your Honor?
THE COURT: Yes, sir.
MR. CACCIATORE: I wanted to do this at the bench. We have State's F and State's N, which were stipulations, that we had admitted to beforehand. We'd like to move those in at this time.
THE COURT: It's F and what, sir?
THE COURT: N, as in Nancy?
MR. CACCIATORE: Yes.
THE COURT: One moment.
I have not inquired of Ms. Boone as to either of these stipulations.
MR. CACCIATORE: I believe we did on October 2nd at the time they were signed.
THE COURT: I recall having conversations about the stipulation. I'm assuming it's a stipulation as to he's deceased?
MR. CACCIATORE: It's the -- the stipulation is the ID and there is a stipulation as to the FDLE report.
THE COURT: I recall generally speaking about it. I don't recall seeing a signed stipulation at that point in time, so I don't know that I fully vetted that issue.
MR. CACCIATORE: Okay.
THE COURT: So I would prefer to do that not in the presence of the jury.
MR. CACCIATORE: As would we.
THE COURT: So I'm going to excuse our panel for just a couple of moments while I have that inquiry of her.
MR. CACCIATORE: Okay.
THE COURT: All right. Thank you.
THE COURT: I have it. I'm pulling that up right now. Thank you, sir.
(In open court.)
THE COURT: All right. Members of the jury, I have a matter I've got to take up with counsel outside of your presence. I promise it won't take too long. We'll bring you back in as quickly as possible.
Again, same instruction I've given you previously. Please don't conduct any independent or investigation or research regarding the persons, places, things, or charge involved, and do not have any conversations among yourselves or anyone else about those things. And we'll bring you back in as promptly as possible. Thank you.
(Jury exits.)
THE COURT: You-all may be seated. Thank you.
MR. OWENS: Judge, James Owens here, and I'm here with Sarah Boone. The first exhibit is State's Exhibit F for identification. It is the -- titled Stipulation of Victim Identification and it is signed by Mr. Cacciatore, Sarah Boone, and myself, October 2nd of 2024.
THE COURT: And the other stipulation?
MR. OWENS: The other is a Stipulation of FDLE Report, again, signed by Dave Cacciatore, Jr., Sarah Boone, and James Owens. It is a -- it's listed as identification -- for identification State's Exhibit N. It is a two-page FDLE laboratory report generated June 3rd of 2020.
THE COURT: All right. Can you approach with both of those documents, please? Thank you.
Okay. Thank you very much.
State, anything else to add over and above what Mr. Owens identified?
MR. CACCIATORE: No, Your Honor.
THE COURT: All right. Ms. Boone, good morning. You were previously sworn earlier today. I hold in my hand two stipulations. The first stipulation premarked as State's Exhibit F reads, Stipulation of Victim Identification. It reads as follows: The Assistant State Attorney, Dave Cacciatore, Jr., the defendant, Sarah Boone, as well as his [sic] lawyer -- we have a scrivener's error there -- James --
Sylivan?
MR. OWENS: Sylivan.
THE COURT: Sylivan, okay.
-- Sylivan Owens, stipulate that the identity of the deceased in this case is Jorge Torres, signed the 2nd day of October, 2024.
Matam, have you had the opportunity to go over this stipulation with your attorney?
SARAH BOONE: Yes.
THE COURT: Do you understand what the stipulation means?
SARAH BOONE: Yes.
THE COURT: Are you freely and willingly entering into this stipulation?
SARAH BOONE: I am.
THE COURT: Did anyone force you, threaten you, or coerce you to enter into this stipulation?
SARAH BOONE: No.
THE COURT: All right. The Court accepts this stipulation.
How do we want to handle the little issue with regard to "his lawyer" as opposed to "her lawyer"?
MR. CACCIATORE: I'm fine with the Court making an edit to scratch out "his" and insert "her," if that's acceptable to the defense.
THE COURT: Acceptable?
MR. OWENS: Yes.
THE COURT: Ma'am, is that acceptable to you as well?
SARAH BOONE: It is.
THE COURT: All right. Thank you. The Court will make that handwritten interlineation, removing "his" and adding "her".
State, do you seek -- we'll move this into evidence in front of the jury, correct?
MR. CACCIATORE: Correct, Your Honor.
THE COURT: All right. Thank you, sir.
Now, moving to what was premarked as State's N, ma'am, this is a Stipulation of FDLE Report. It reads: The Assistant State Attorney, Dave Cacciatore, Jr., and defendant, Sarah Boone, as well as his lawyer, James Sylivan Owens, stipulate to the admissibility into evidence at trial of the FDLE lab report authored by Carolina Benito on June 3, 2020.
It bears Mr. Cacciatore's signature, your Signature, and the signature of your attorney, Mr. Owens.
Have you had the opportunity to review this stipulation with your attorney?
SARAH BOONE: Yes.
THE COURT: Have you had the opportunity to review the two-page FDLE report that will be attached to it?
SARAH BOONE: Yes.
THE COURT: Do you understand what this stipulation means?
SARAH BOONE: Yes.
THE COURT: Are you entering into this stipulation freely and voluntarily?
SARAH BOONE: Yes.
THE COURT: Did anyone force you, threaten you, or coerce you to enter into this stipulation?
SARAH BOONE: No.
THE COURT: All right. The Court accepts this stipulation.
Any issue with striking through "his" and adding "her," State?
MR. CACCIATORE: No, Your Honor.
MR. OWENS: No, sir.
THE COURT: All right. The Court will make that interlineation as well.
Anything else we need to address -- State, I will return these to you for the purposes of moving them into evidence -- with regard to these two stipulations?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: So nothing else?
MR. CACCIATORE: Nothing else.
THE COURT: Okay. Thank you.
Defense, anything else?
MR. OWENS: No, sir.
THE COURT: All right. Thank you very much.
Anything else we need to address before we bring back in our panel?
MR. OWENS: No, sir.
MR. CACCIATORE: No, Your Honor.
THE COURT: All right. Let's go ahead and stand and bring back in our panel. Thank you.
COURT STAFF: Jury entering.
(Jury entered.)
THE COURT: State, do you recognize our jury?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes.
THE COURT: All right. Members of the jury, thank you. You can be seated.
Members of the jury, again, if you could just confirm that you complied with the Court's instructions during that short break by raising your hands.
The record will reflect that all juror members have raised their hands.
State, you may proceed with your evidence and testimony presentation.
MR. CACCIATORE: Yes, Your Honor. At this time we'd like to move what's been premarked for identification as State's F and State's N into evidence.
THE COURT: Any objections?
MR. OWENS: No, no objection.
THE COURT: All right. What was premarked as State's F will be received without objection as State 14.
(State's Exhibit No. 14 was received in evidence.)
THE COURT: What's been premarked as State's N will be received into evidence without objection as State 15.
(State's Exhibit No. 15 was received in evidence.)
MR. CACCIATORE: And, Your Honor, we would request that they be published.
THE COURT: Thank you.
Members of the jury, I'm going to read to you some stipulations, along with an instruction.
When the parties agree that certain facts are true, that is called a stipulation of fact. You must accept stipulated facts as having been proven. However, the significance of these facts, as with all facts, is for you to decide.
In this case, the stipulated facts that you must accept as true are as follows: Stipulation of Victim Identification. The Assistant State Attorney, Dave Cacciatore, Jr., and defendant, Sarah Boone, as well as her lawyer, James Sylivan Owens, stipulate that the identity of the deceased in this case is Jorge Torres.
Stipulation of FDLE Report. The Assistant State Attorney, Dave Cacciatore, Jr., and defendant, Sarah Boone, as well as her lawyer, James Sylivan Owens, stipulate to the admissibility into trial -- I'm sorry, stipulate into evidence at trial of the FDLE lab report authored by Carolina Benito on June 3, 2020.
With that, State, you can call your next witness.
COURT CLERK: Ms. McCaskill, raise your right hand to be sworn, please.
MEREDITH MCCASKILL
being called as a witness, and having first been duly sworn,
testified as follows:
MEREDITH MCCASKILL: I do.
THE COURT: Ma'am, good morning. Could you please take a seat and state and spell your name for the record for us?
MEREDITH MCCASKILL: My name is Meredith McCaskill, and it's spelled M-e-r-e-d-i-t-h M-c-C-a-s-k-i-1l-l.
THE COURT: Thank you.
Mr. Jay, you may inquire.