4.Sarah Boone — Direct (Part 1)
748 linesMR. OWENS: The defense would call Sarah Boone.
COURT CLERK: Raise your right hand to be sworn, please.
SARAH BOONE
the defendant, being called as a witness, and having first
been duly sworn, testified as follows:
SARAH BOONE: I do.
THE COURT: All right. Ma'am, you can take a seat. And if you could, state and spell your name for the record for us.
SARAH BOONE: Sarah Boone, 10/10/77.
THE COURT: And could you spell your name?
SARAH BOONE: S-a-r-a-h B-o-o-n-e.
THE COURT: All right. Thank you very much.
Sir, you may inquire.
MR. OWENS: Thanks.
DIRECT EXAMINATION
BY MR. OWENS:
MR. OWENS: Ms. Boone, would you please tell the jury where you were born and raised.
SARAH BOONE: Atlanta, Georgia.
MR. OWENS: You were born in Atlanta?
SARAH BOONE: I was born in Atlanta.
MR. OWENS: And how long did you stay in Atlanta before you moved here to Florida?
SARAH BOONE: I was 3 years old; 3 or 4.
MR. OWENS: Okay. And from that time, you-all moved -- you and your family, your mother and father, moved to Orlando?
SARAH BOONE: And my grandparents.
MR. OWENS: Okay. You-all moved down from Atlanta down to Orlando?
SARAH BOONE: Yes, and my two brothers.
MR. OWENS: Okay. And did you -- were you raised here, essentially, from that time on?
SARAH BOONE: Yes.
MR. OWENS: And you've resided here in Orange County, Florida, that entire time?
SARAH BOONE: Yes.
MR. OWENS: Okay. And where did -- did you go to high school here locally?
SARAH BOONE: I did.
MR. OWENS: Where did you go to high school?
SARAH BOONE: Edgewater.
MR. OWENS: Okay. And tell the jury, how old were you when you graduated?
SARAH BOONE: I was 18 years old.
MR. OWENS: Now, I know you lost your mother and father --
THE COURT: Overruled.
BY MR. OWENS:
MR. OWENS: I know you lost your mother and father in your teens and your 20s; is that true?
SARAH BOONE: I lost my grandfather when I was a sophomore in high school and I lost my father when I was a senior. And then my mother passed away a few years after that, and then my grandmother passed away after my mother died.
MR. OWENS: All right. So you were in your 20s when all that was going on?
SARAH BOONE: Yes.
MR. OWENS: Okay. And then at some point in your 20s, you met Brian Boone?
SARAH BOONE: I did, yes.
MR. OWENS: All right. And did -- how long did you-all date before you married?
SARAH BOONE: A good handful of years. My -- I helped my family with paying mortgage and bills for the house since my father had passed away and my grandfather, so --
MR. OWENS: So you worked outside the home?
SARAH BOONE: I did.
MR. OWENS: Okay. Can you tell the jury when -- you said you and Brian Boone dated for a while. Do you remember when you-all married?
SARAH BOONE: I do.
MR. OWENS: Could you tell the jury when you-all were married?
SARAH BOONE: The year?
MR. OWENS: Yeah.
SARAH BOONE: Um...
MR. OWENS: Do you remember the date?
SARAH BOONE: It happened to be, yes, that after my mother passed away, that he had waited to ask me to marry him because he knew it would be --
THE COURT: Sustained.
BY MR. OWENS:
MR. OWENS: Just answer the question, if you can, Ms. Boone. Are you a little bit nervous?
SARAH BOONE: A little bit.
MR. OWENS: Okay. Well, just -- just tell the jury if you remember the date that you and Brian Boone married.
SARAH BOONE: August 21st, 2004.
MR. OWENS: Okay. And had you-all lived with each other for a little -- a short time before that?
SARAH BOONE: A short time.
MR. OWENS: Yes. Okay. After you married, how long was it before you-all had any children?
SARAH BOONE: Gosh. Six years.
MR. OWENS: Okay. And you-all had one son?
SARAH BOONE: Yes.
MR. OWENS: What's his name?
SARAH BOONE: Lucas.
MR. OWENS: And how old is Lucas now?
SARAH BOONE: Lucas will be 14 years old on the 28th.
MR. OWENS: 28th of this month?
SARAH BOONE: Yes.
MR. OWENS: Okay. So you and Brian were married and you-all lived in Orange County?
SARAH BOONE: (Nods head.)
MR. OWENS: How long were you-all married?
SARAH BOONE: For 13 years.
MR. OWENS: All right. And you-all divorced?
SARAH BOONE: Yes.
MR. OWENS: And as part of the divorce, were you-all to share custody of your son?
SARAH BOONE: Yes.
MR. OWENS: And so you-all had split days. Would that be fair to say?
SARAH BOONE: Yes.
MR. OWENS: Okay. At some time after you and Brian split up, did you meet Jorge Torres?
SARAH BOONE: Yes.
MR. OWENS: All right. Could you tell the jury how you met Jorge Torres?
SARAH BOONE: I met Jorge when I decided to buck up, I guess, and was tired of trying to patch things up with my ex-husband. And I decided to go one day for a walk across the street and go have a beer by myself and sit and people watch just to get out of my house and a change of scenery and --
MR. OWENS: All right. Now, is this your apartment?
SARAH BOONE: No. This is the marital home.
MR. OWENS: Okay. Where is that marital home?
SARAH BOONE: Winter Park.
MR. OWENS: You're no longer living in that marital home?
SARAH BOONE: No.
MR. OWENS: Who lives in the marital home?
SARAH BOONE: No one. It has been sold.
MR. OWENS: Okay. So this -- you met Jorge Torres before you got the apartment?
SARAH BOONE: Yes.
MR. OWENS: Okay. And you met him at a bar across the street from the marital home?
SARAH BOONE: Yes. We had a mutual friend there.
MR. OWENS: Were you introduced?
SARAH BOONE: Yes.
MR. OWENS: All right. How did you and Jorge get along when you-all first met?
SARAH BOONE: Very well. It was -- it was strange how quickly we hit things off and had so much in common, and I never thought that he would be interested in someone like me and I just couldn't believe that he was actually interested in me and said a lot of nice things. And one hour ended up being four hours from when we had first met, and that we would always have something to talk about.
MR. OWENS: Why couldn't you believe that he would be interested in you?
SARAH BOONE: He was very handsome. He was very funny. He was smart and I would show up in workout clothes and disheveled hair and I guess I kind of felt broken from being in the process of a divorce that he knew about, but then one of the things that we could relate also was the fact that he was here in Florida because he had just been divorced from his second wife. So that was another topic that he and I could compare notes on.
MR. OWENS: All right. So eventually the divorce was settled. Did you get your own place?
SARAH BOONE: Yes.
MR. OWENS: All right. Is it fair to say that after you -- at first, you lived in your parents' home, correct?
SARAH BOONE: Yes, until I was married.
MR. OWENS: And then you moved directly in with Brian?
SARAH BOONE: Yes.
MR. OWENS: And then you-all lived in the marital home, correct?
SARAH BOONE: Yes.
MR. OWENS: And then you got this apartment?
SARAH BOONE: Yes.
MR. OWENS: So that was the first time in your life that you actually had your own place?
SARAH BOONE: Yes.
MR. OWENS: And what was the address?
SARAH BOONE: 4748 Frantz Court, Apartment No. 3.
MR. OWENS: And what city is that in?
SARAH BOONE: It's in Winter Park.
MR. OWENS: How far is that from here?
SARAH BOONE: Twenty minutes.
MR. OWENS: Okay. So you got that apartment, and initially, were you by yourself?
SARAH BOONE: No.
MR. OWENS: All right. Tell the jury.
SARAH BOONE: In the almost year, about ten months of separation from Brian, my ex-husband, that is the time when I met Jorge. And my ex-husband was trying to buy me out or force me out of our marital home and I needed to find somewhere to live, and --
MR. OWENS: So did you and Jorge agree to rent the apartment?
SARAH BOONE: Yes. One of the -- I needed extra income. We could not afford it --
MR. OWENS: Okay.
SARAH BOONE: -- just on my own.
MR. OWENS: You were receiving some income from the marriage settlement, were you not?
SARAH BOONE: Yes.
MR. OWENS: So you did have consistent monthly income coming in from the marriage settlement?
SARAH BOONE: For the most part, yes.
MR. OWENS: But you needed -- you needed more to live?
SARAH BOONE: Yes, to pay the bills and for rent.
MR. OWENS: So did you and Jorge have some agreement?
SARAH BOONE: We did.
MR. OWENS: All right. What was the agreement?
SARAH BOONE: The agreement was that if I decided for he and I to live with one another, because it would be under my name, that he would help with the monthly bills and -- ona regular basis where it wouldn't be something that I would have to argue with him about, it would just be an automatic. Make sure that everything is paid first, and then from there, hopefully have some fun with it.
MR. OWENS: Okay. And so I understand, from that point on, would it be fair to say that you-all saw each other on and off for about the next three and a half years?
SARAH BOONE: No. We were -- I -- I would consider us a couple. At some point he asked me to marry him.
MR. OWENS: Okay. But you-all -- you-all did have times where he left and went to live with his parents?
SARAH BOONE: Yes.
MR. OWENS: Is that fair?
SARAH BOONE: Yes.
MR. OWENS: And there were times where there was an understanding that you-all were going to break up?
SARAH BOONE: Multiple times.
MR. OWENS: Okay. All right. So, again, on again, off again?
SARAH BOONE: Yes. This was actually before we had our apartment. That was, I guess, our dating phase.
MR. OWENS: Okay. So you-all were together for three and a half years; is that fair?
SARAH BOONE: Uh-huh, yes.
MR. OWENS: And you-all had actually agreed to marry?
SARAH BOONE: He had asked me, yes, a couple of times to marry him and one time I agreed to, yes.
MR. OWENS: Okay. Now, I want to get directly to the date of this event so that the jury can hear your testimony, all right? So tell us -- I believe the date is February the 23rd of 2020. Explain to the jury that whole day from the time you-all got up, the whole thing.
THE COURT: Approach.
(At the bench.)
THE COURT: Response?
MR. OWENS: JI mean, I can -- I can break it up. I can break it up.
THE COURT: Then go ahead and break it up if there's not any --
MR. OWENS: If there's anything wrong with me saying, Can you tell me what happened that day, and let her tell it. I mean, he was wanting a narrative to begin with. I'm giving her the opportunity.
MR. JAY: Here's the issue. I was just making sure that we weren't in that stage of the ethical issue of having to give the narrative, but if we're not, then I'm just hopeful that, like a prosecutor would have to do, that he would have to come up with a few creative ways of saying what happened next so that I can -- you know, so it's not a narrative, we can break it up and object.
MR. OWENS: You've seen me guide her. She tried to go off a couple of times and I tried to get her back.
THE COURT: I'm not going to allow a full-blown narrative. If you want to start morning, afternoon, and break it up into chunks of time, I'll allow that.
All right. Appreciate it.
(In open court.)
THE COURT: Objection is overruled for now.
BY MR. OWENS:
MR. OWENS: Now, Ms. Boone, let's just -- instead of one long speech, let me break you up over the course of the day. So do you remember the date of February 23rd, 2020?
SARAH BOONE: Yes.
MR. OWENS: Do you remember getting up?
SARAH BOONE: Yes.
MR. OWENS: All right. Just tell the jury about that morning, what you-all did that morning, what you and Jorge -- you and Jorge spent the night together at the apartment?
SARAH BOONE: Yes. At that point, he was living there.
MR. OWENS: Yes. So you-all slept in the bed together upstairs February -- so you got -- you had gotten up -- you-all had gotten up that morning, February 23rd of 2020?
SARAH BOONE: Yes.
MR. OWENS: All right. Tell the jury what happened when you-all got up.
SARAH BOONE: He was already downstairs, and I went downstairs and he wanted to start the day off by drinking because it was a day off from his job, and I talked him into cleaning and tidying up the house for a sense of accomplishment. So that is what we did for however long that it took. So we did tidy up the house and got everything in order, and it was kind of a reward, I guess, to be able to sit and enjoy ourselves and sit on the back porch.
MR. OWENS: All right. What do you mean by cleaning up the house? What did you-all do?
SARAH BOONE: We swept and mopped. We folded some of the laundry. I know that we did the dishes, emptied the dishwasher. Just general run of the mill tidying up.
MR. OWENS: And did you have your son coming the next day?
SARAH BOONE: Yes. That was one of the reasons why we -- we were able to do that.
MR. OWENS: Okay. What was the arrangement you had in terms of, the next day would have been your day to pick up your son from school?
SARAH BOONE: Yes.
MR. OWENS: What time would you pick Lucas up from school the next day?
SARAH BOONE: I believe his school ended at 3:00.
MR. OWENS: Okay. So you would have been responsible to pick him up and he would be spending the night with you that night?
SARAH BOONE: Yes.
MR. OWENS: So you wanted to have the house nice and clean?
SARAH BOONE: Yes.
MR. OWENS: How many bedrooms are in the home?
SARAH BOONE: Two.
MR. OWENS: And you and Jorge had one bedroom?
SARAH BOONE: Yes.
MR. OWENS: And who had the other?
SARAH BOONE: Lucas.
MR. OWENS: All right. Is that exclusively his bedroom?
SARAH BOONE: Yes.
MR. OWENS: All right. So how long would it have taken you-all that morning to clean?
SARAH BOONE: I don't really remember what time we woke up, but maybe a good two, maybe three hours.
MR. OWENS: Okay. And would it be fair to say that you and Jorge both smoked cigarettes?
SARAH BOONE: Yes.
MR. OWENS: And would it be fair to say that you and Jorge both drink alcohol?
SARAH BOONE: Yes.
MR. OWENS: All right. So at some point you-all finished your chores, right?
SARAH BOONE: Yes.
MR. OWENS: And then you-all were going to enjoy the day?
SARAH BOONE: Yes.
MR. OWENS: All right. What was the plan?
SARAH BOONE: It was just kind of, you know, we've got the day to ourselves, let's just kind of relax and go with the flow.
MR. OWENS: All right. Were you-all -- did you-all make a decision that you-all were going to start drinking?
SARAH BOONE: Yes. He -- we had a half of a bottle that was already in the refrigerator and I did not want to go out afterwards. I, again, had Lucas coming the next day, so we went over to Publix to purchase another bottle of wine so we could not have to go out later on that evening.
MR. OWENS: Now, you were here in court when the State -- the State played the video of you two in the Publix purchasing the bottle of wine?
SARAH BOONE: Yes.
MR. OWENS: Is that what you're referring to here with the jury right now?
SARAH BOONE: Yes.
MR. OWENS: Okay. And that was around noon-ish?
SARAH BOONE: I believe so, yes.
MR. OWENS: Okay. Had you-all started drinking the leftover bottle --
SARAH BOONE: No.
MR. OWENS: -- before going to the Publix?
SARAH BOONE: No.
MR. OWENS: Okay. So you-all bought a bottle of wine?
SARAH BOONE: Yes.
MR. OWENS: All right. And how did you-all get to Publix?
SARAH BOONE: My car.
MR. OWENS: How far is Publix from your apartment?
SARAH BOONE: Five minutes.
MR. OWENS: How would you get there from your apartment?
SARAH BOONE: What do you mean?
MR. OWENS: Did you have to go across any major highways or is it right there?
SARAH BOONE: You just come out of our apartment complex and you do a little U-turn and then you come up and it's right in that complex.
MR. OWENS: Okay. But it's easier to drive than to walk?
SARAH BOONE: Yes.
MR. OWENS: Okay. Now, I know at some times you-all would -- you-all would simply need cigarettes and it was in walking distance. Can you tell the jury about that?
SARAH BOONE: Yes. There was a Lotto Zone convenience store with -- in the same, I guess, parking lot of our townhome, our complex, and it was just a straight shot from our apartment to a back gate and you could get right into the convenience store from right there.
MR. OWENS: Okay. But you-all went over to get that bottle of wine around noon-ish, and how did you-all -- you took your car?
SARAH BOONE: Yes.
MR. OWENS: Did Jorge have a vehicle?
SARAH BOONE: He did not.
MR. OWENS: And how did you pay for the wine?
SARAH BOONE: With my debit card.
MR. OWENS: And then you-all came back and started drinking?
SARAH BOONE: Yes.
MR. OWENS: Okay. Tell us what you did when you got back from the Publix.
SARAH BOONE: Just went on the back porch where we usually spend our time, because we're able to smoke cigarettes outside as opposed to inside, and --
MR. OWENS: Is cigarette smoking not allowed indoors?
SARAH BOONE: It is not.
MR. OWENS: Okay. Do you have pets?
SARAH BOONE: Yes, I do.
MR. OWENS: Or did you have pets?
SARAH BOONE: I did, yes.
MR. OWENS: Okay. Were they with you-all there that day?
SARAH BOONE: Yes. My dogs were with me all the time when I was there.
MR. OWENS: How many dogs do you have?
SARAH BOONE: I have two.
MR. OWENS: And just, what are their names?
SARAH BOONE: Penny and Tess.
MR. OWENS: And what is the breed?
SARAH BOONE: They are red Boston Terriers.
MR. OWENS: And are they both disabled?
SARAH BOONE: Yes. Penny is blind and Tess is deaf.
MR. OWENS: All right. So when you-all went out to smoke on the back porch --
And drink, I assume, as well, correct?
SARAH BOONE: Uh-huh, yes.
MR. OWENS: -- did you-all take the dogs out?
SARAH BOONE: Oh, yes.
MR. OWENS: All right. Is there a place for them to do their business out there?
SARAH BOONE: Yes. I extended our back porch for them to have a little bit of area as opposed to going from a large backyard from my marital home to our little townhome, and they would come out there and do their business and I could sometimes -- I would open the gate and then walk them in the back part of our apartment.
MR. OWENS: So you and Jorge were just going to enjoy the day together?
SARAH BOONE: Correct, yes.
MR. OWENS: Is it fair to say you-all don't have a lot of money?
SARAH BOONE: Yes.
MR. OWENS: And so you-all were going to do something there in the home? You-all weren't going out for dinner or --
SARAH BOONE: Yes. We primarily -- I would consider us homebodies as opposed to going out and partying and doing this and that.
MR. OWENS: Okay. And how long do you think you-all were out that afternoon, outside?
SARAH BOONE: A few hours.
MR. OWENS: All right. Could you tell the jury what you-all did during that time?
SARAH BOONE: We have a dartboard that's out there and we just had drinks and were just really enjoying each other's company and talking about, you know, things upcoming. You know, we both were looking for a job and just kind of, I guess, encouraging and supporting and planning and...
MR. OWENS: Well, now, you said he had a job. Was he looking for a job, a second job?
SARAH BOONE: No. The job that he had was very unstable, and at that --
MR. OWENS: So he was looking for something new?
SARAH BOONE: Yes. At that time, yes.
MR. OWENS: Okay. And so during that two to three hours, would it be fair to say that you-all drank the bottle?
SARAH BOONE: Yes.
MR. OWENS: Okay. So would it be fair to say that you-all are feeling the effects of the alcohol?
SARAH BOONE: Yes.
MR. OWENS: Okay. At some point, who made the decision to come in?
SARAH BOONE: I did.
MR. OWENS: Okay. Why? Why did you-all -- why did you want to come in?
SARAH BOONE: I felt that Jorge needed a change of scenery.
MR. OWENS: Okay. So you-all came in, and then did you-all do anything else before he left again? Were you-all doing anything? I know you-all -- you-all did some arts and crafts. What did you-all do?
At some point he went to get another bottle at Publix?
SARAH BOONE: Yes. After -- I believe it was after we had -- it was right before, I believe, that we had gone inside, because he called his daughters. I was trying to encourage him to call his family.
MR. OWENS: Okay. Now, where are his daughters?
SARAH BOONE: His two daughters are located in Pennsylvania.
MR. OWENS: And what are their names?
SARAH BOONE: Anna and Destiny.
MR. OWENS: And how old are they?
SARAH BOONE: I believe that Anna is in her 30s and Destiny may be in her early 20s.
MR. OWENS: All right. Does he have any more children?
SARAH BOONE: Yes. He has a son.
MR. OWENS: And where is this son?
SARAH BOONE: He is in Pennsylvania also.
MR. OWENS: Okay. So part of that afternoon is you-all came in to call relatives, call family?
SARAH BOONE: No. I had him call outside, just trying to, I guess, boost the mood. And the first daughter didn't answer and I don't remember the reason he didn't speak to the second one. I believe if he did, it was just for a moment.
MR. OWENS: All right. Now, whose phone were you-all using?
SARAH BOONE: My phone.
MR. OWENS: And is that common for you-all to use -- for you-all to share that phone?
SARAH BOONE: It was, because Jorge said that he didn't have a phone, so -- it would either be lost or given to him by his mother, so I didn't know he had a cell phone, so we would use my phone.
MR. OWENS: So it was primarily your phone?
SARAH BOONE: Yes.
MR. OWENS: Okay. And you took a lot of photographs that were on that phone?
SARAH BOONE: Yes.
MR. OWENS: Videotapes?
SARAH BOONE: Yes.
MR. OWENS: Text messages?
SARAH BOONE: Yes.
MR. OWENS: Phone calls?
SARAH BOONE: Yes. He and I both on the phone calls.
MR. OWENS: So he would use it as well?
SARAH BOONE: Yes.
MR. OWENS: And that phone, is that the one that was -- that was seized in this case?
SARAH BOONE: Yes.
MR. OWENS: All right. So you-all called his daughters, and then during that phone call period, did you also call his brother?
SARAH BOONE: Yes.
MR. OWENS: Okay. And who -- which brother was that?
SARAH BOONE: John.
MR. OWENS: How many -- how many brothers and sisters does Jorge have?
SARAH BOONE: I'm gonna list them, if that's okay?
MR. OWENS: Okay.
SARAH BOONE: It's John, Farrell, Isaac, Moe, and his sister.
MR. OWENS: Okay. And do they all live here in Florida?
SARAH BOONE: Yes.
MR. OWENS: Are they close-by?
SARAH BOONE: As far as I know, yes.
MR. OWENS: What about his parents?
SARAH BOONE: Yes.
MR. OWENS: Do they live here as well?
SARAH BOONE: Yes.
MR. OWENS: Okay. But his ex-wives and his children live up in --
SARAH BOONE: Pennsylvania.
MR. OWENS: -- Philadelphia?
SARAH BOONE: Yes.
MR. OWENS: Okay. So you called -- called the girls. Then you called -- or Jorge called his brother?
SARAH BOONE: Yes.
MR. OWENS: Was that conversation that long?
SARAH BOONE: No, it was not.
MR. OWENS: Okay. And then after that phone call, what did you-all -- were you-all inside by this time?
SARAH BOONE: Yes. At this -- at this point, I believed that it was a good time to get a change of scenery, so I thought Jorge would be better off inside. And, frankly, I didn't want to be outside any longer either.
MR. OWENS: Okay. So just to get an idea, about this time is when he went to get the second bottle or did you-all stay inside for a while before he left?
SARAH BOONE: No. From what I recall, it was -- I thought the day was over and it was going to be, get ready for the evening, for the day, maybe what do you want for dinner, you know, do you have an extra load of laundry that you need to throw in kind of thing, and that was my understanding. And he --
MR. OWENS: This was about 5:00-ish or something?
SARAH BOONE: I don't remember the time.
MR. OWENS: Okay. At some point during that time period, did Jorge go to Publix again?
SARAH BOONE: Yes. I thought he was going to be walking to the convenience store, but apparently when he returned, he had gone across the street with my car and my debit card to buy another bottle of wine.
MR. OWENS: What was your understanding of where he was going?
SARAH BOONE: To the convenience store, walking.
MR. OWENS: For what?
SARAH BOONE: Cigarettes.
MR. OWENS: Okay. And you've learned -- you learned, obviously, that he came back and you learned that he had used your vehicle?
SARAH BOONE: Yes.
MR. OWENS: And he had used your debit card?
SARAH BOONE: Yes.
MR. OWENS: And he had brought back a bottle of wine from Publix?
SARAH BOONE: Correct.
MR. OWENS: And you saw the -- the Publix video of that?
SARAH BOONE: Yes.
MR. OWENS: Okay. So he comes back with the other bottle of wine, and did he want you to drink with him?
SARAH BOONE: It was expected, yes.
MR. OWENS: Yes. And you agreed to consume the -- the second bottle with him?
SARAH BOONE: Yes.
MR. OWENS: Okay. So over the course of that evening, drinking the wine, what did you-all do for time-wise? Watch a movie, music? Just kind of tell the jury what you remember. I know it's, obviously, been a while, but...
SARAH BOONE: It was kind of a regular thing where I would always try to come up with entertaining activities for Jorge and for -- I bought a puzzle. We started off at one point doing a smaller puzzle and then -- we did that very quickly, so then I purchased a larger puzzle, and I believe it was 1,000 pieces. So I thought, to get his mind off of things and to focus on something, it would be smart for us to do the puzzle. So for however long that took, we finished the puzzle. So that was one.
MR. OWENS: Did you -- every piece was finished or wasn't?
SARAH BOONE: Every piece was finished. It was strange that we couldn't find one piece, and we thought it was funny that -- and it was in, like, the perfect place on there, but, yes, every one but one piece.
MR. OWENS: All right. After the puzzle, what did you-all do?
SARAH BOONE: I decided to continue to maintain and focus him. And I have a bunch of paints that I used of my son's that his grandmother bought him. It's a very big art wooden box and it's got pastels, pencils, paint, any kind of whatever. And he and I were very much into art, and with these -- with this resource, it got him very interested in being more creative.
MR. OWENS: How long have you been into art?
SARAH BOONE: Ever since I can remember as a child.
MR. OWENS: Do you like to draw?
SARAH BOONE: I like to do anything artistic.
MR. OWENS: Okay. And I know -- you know, we saw some of the pictures of your apartment, but it looks like there was pictures and artwork up. Is that all of your work and Jorge's work?
SARAH BOONE: The majority of it, yes, are belongings from my home. And then also some of Jorge's, yes, on the wall.
MR. OWENS: All right. Was he pretty good at art as well?
SARAH BOONE: Yes.
MR. OWENS: All right. So you both enjoy doing that?
SARAH BOONE: Very much.
MR. OWENS: So you-all got out Lucas' art set. What did you-all do with that?
SARAH BOONE: We were just, I guess, doodling, you know, whatever -- I would always tell him that everything that you make iS a masterpiece, so just let loose and just let it go, and we would just paint and --
MR. OWENS: And drink?
SARAH BOONE: Paint and drink, yes, and listen to music sometimes and -- yes.
MR. OWENS: Okay. Now, would the dogs -- did you-all get the dogs involved?
SARAH BOONE: Oh, yes. My dogs follow me everywhere, yes.
MR. OWENS: Was there some dancing going on with the dogs?
SARAH BOONE: Yes. After we had completed the puzzle and I guess were painted out, I thought that it might be a good point for us to maybe listen to some music. And the music that Jorge listens to is a little -- it's very fractious to me and it was definitely not going to lighten the mood, so we ended up finding some channel on the radio, and he was feeling it. And then we ended up -- my one dog gets very active and was dancing with us and we were just having a good time listening to music.
MR. OWENS: Okay. And I guess it's getting pretty late in the evening?
SARAH BOONE: Yes.
MR. OWENS: Anything else I've missed?
SARAH BOONE: I don't believe so.
MR. OWENS: All right. So tell us -- tell us where you-all ended up before -- before you started the game of hide-and-seek.
SARAH BOONE: We were -- I couldn't think of anything else possibly that I had to continue entertainment, but I remember sitting at the end of the couch and him sitting in my son's -- one of my son's chairs that was in the living room and just kind of doing this, like, What are we going to do now? Like, I would very much like to go to sleep.
MR. OWENS: Had you-all finished off the -- that bottle that he had bought?
SARAH BOONE: I don't remember, to be honest with you.
MR. OWENS: Would it be fair to say that as the day wore on, the more you-all consumed?
SARAH BOONE: Yes.
MR. OWENS: All right. And would it be fair to say that as the day wore on, the more you consumed, the more -- the more effects you felt from the alcohol?
SARAH BOONE: Of course, yes.
MR. OWENS: Both of you?
SARAH BOONE: Yes.
MR. OWENS: Okay. So you would agree, would you not, that at the time you-all are trying to figure out something to do and you put your -- and you're on the couch, that you-all -- would it be fair to say that you-all are intoxicated?
SARAH BOONE: Yes.
MR. OWENS: All right. Tell the jury what happened.
SARAH BOONE: At one point I guess he knew that I couldn't come up with anything else, tapped me on my knee and said, You're it. So from there, I ran up the stairs and hid into our shower, just waiting for him to find me so we could hopefully go to sleep soon at some point, and --
MR. OWENS: Now, your shower, is it -- is it a tub or just a walk-in?
SARAH BOONE: It's a tub, but it's in the master bedroom. And you have to go all the way upstairs, you have to go in the bedroom and then you have to go into the bathroom part and then there's the shower part.
MR. OWENS: So did you lay down in the tub?
SARAH BOONE: I, at first -- at one point, yes, I was.
MR. OWENS: So you were hiding?
SARAH BOONE: I was trying.
MR. OWENS: Okay. And did you believe that he was gonna come try to find you?
SARAH BOONE: Yes.
MR. OWENS: Did you wait?
SARAH BOONE: Yes, for quite some time.
MR. OWENS: All right. Then what did you decide to do?
SARAH BOONE: I decided that I need to go to sleep. I'm picking my son up the next day and we need to start wrapping up the evening and I went downstairs to find where he was.
MR. OWENS: And what -- I think the jury has seen pictures of your -- would you call it an apartment or --
SARAH BOONE: It's considered a townhome.
MR. OWENS: A townhome.
So you walk down the stairs, right?
SARAH BOONE: Uh-huh.
MR. OWENS: And at the bottom of the stairs is a bookshelf here?
SARAH BOONE: Yes. At the very end of it, yes.
MR. OWENS: Okay. So you walk down the stairs and you turn and look in the living room. Did you -- what did you see?
SARAH BOONE: I don't even think I made it all the way down the stairwell because I was just looking for him as soon as I could to hopefully go upstairs as soon as we could, and I saw -- I looked over and I saw him settling himself in the Suitcase.
MR. OWENS: All right. Tell us about the suitcase. How long -- was it an older suitcase?
SARAH BOONE: Yes.
MR. OWENS: Whose suitcase was it?
SARAH BOONE: This is Jorge's suitcase.
MR. OWENS: All right. And did he use it for traveling back and forth to Philly?
SARAH BOONE: Yes. I had recently taken him on a trip to go see his children in Pennsylvania, who he hasn't seen in years, and we took that with us. And because of how dilapidated it was, how broken it was, in the end, after that trip, we decided that we would donate it.
MR. OWENS: All right. And -- now, I understand you-all kept -- you-all kept the suitcase upstairs?
SARAH BOONE: Yes.
MR. OWENS: How long did you-all keep it upstairs?
SARAH BOONE: Since we had moved in.
MR. OWENS: All right. Was there -- is there a closet up there you kept it in?
SARAH BOONE: Yes. It was in the master closet, the master bedroom closet all the way in the back because of the size of it, and there was nowhere to put it, so it was all the way in the back.
MR. OWENS: So when did you-all decide to move it down from upstairs to downstairs? Was it that day or sometime earlier?
SARAH BOONE: No. It was maybe a week or so prior.
MR. OWENS: Okay. And so, what, you-all were gonna donate that to Goodwill or --
SARAH BOONE: Yes. We were going to do, I guess, a spring cleaning. My -- anyone who has children understands that they grow quickly and there was a lot of clothes that I needed to go through of my son's. And then also, from Jorge and I moving in and just kind of putting everything in there, you know, at one point, where we just needed to actually go through it and organize it and get things more in order.
MR. OWENS: So is that the reason it was downstairs, you were going to donate it and a bunch of things that you were going to put inside of it?
SARAH BOONE: Correct, yes.
MR. OWENS: Okay. So it had been down there -- so it was already down there?
SARAH BOONE: Yes. Jorge brought it down.
MR. OWENS: Okay. So you said that you got down there and you're looking for him and you see him settling into the suitcase?
SARAH BOONE: Yes.
MR. OWENS: What did you do?
SARAH BOONE: In my head, I said, Oh, man, we're obviously not going to be going to sleep anytime soon, and I walked over and he was trying to get himself flat so I couldn't tell that he was in there, and then he --
MR. OWENS: Now, let me stop you there. The suitcase, is it the suitcase over here in the --
SARAH BOONE: Yes.
MR. OWENS: -- the box? And you've seen it? You saw it?
SARAH BOONE: Yes.
MR. OWENS: It's a pretty big suitcase?
SARAH BOONE: Yes.
MR. OWENS: How big is Jorge?
SARAH BOONE: Jorge was my height and --
MR. OWENS: How tall are you?
SARAH BOONE: I'm five-three.
MR. OWENS: Okay. And how much did Jorge weigh?
SARAH BOONE: I thought he was 100 pounds.
MR. OWENS: Okay. And how much did you weigh?
SARAH BOONE: I was 98 pounds.
MR. OWENS: All right. Do you agree you've put on some weight?
SARAH BOONE: Since I've been incarcerated, yes.
MR. OWENS: All right. Well, at the time, though, you-all were pretty skinny?
SARAH BOONE: Yes.
MR. OWENS: So from the pictures, it looks like you-all were both pretty thin?
SARAH BOONE: Yes.
MR. OWENS: All right. So because of his thinness, is that how -- and he's a small man?
SARAH BOONE: Yes.
MR. OWENS: Okay. So he was able to get in the suitcase on his own?
SARAH BOONE: Yes.
MR. OWENS: Did he willingly get in the suitcase?
SARAH BOONE: He was already in there.
MR. OWENS: Okay. When you got to him, did he see you?
SARAH BOONE: Yes.
MR. OWENS: All right. Tell us what happened.
SARAH BOONE: I -- I mean, I just kind of -- I zipped him up. We thought it was funny and were joking about how he was, I guess, small enough to fit inside of the suitcase.
MR. OWENS: All right. So what happened then?
SARAH BOONE: From there, it was just -- we were laughing about it, and it was just strange that he was small enough to fit in there. And then I kind of moved it around a little bit with him in the suitcase still. It was still funny that he was still in the suitcase just -- I think he and I were just kind of -- couldn't believe that he was -- he could fit in the suitcase.
MR. OWENS: All right. Did you eventually close the top?
SARAH BOONE: Yes. In order for -- well, the top was already closed. As he was settling himself in there, it was -- that's how I knew he was in there was because the top was kind of flopping a little bit.
MR. OWENS: Okay. So he had gotten in there to hide and he pulled the top --
SARAH BOONE: Yes.
MR. OWENS: -- on top of him, but you could tell he was in there?
SARAH BOONE: Yes.
MR. OWENS: You saw him right away?
SARAH BOONE: Yes.
MR. OWENS: All right. So at some point, did you zip him up?
SARAH BOONE: Yes.
MR. OWENS: And what was he saying or doing when you were Zipping him up?
SARAH BOONE: We just thought it was funny.
MR. OWENS: Were you both laughing?
SARAH BOONE: Uh-huh, yes.
MR. OWENS: And so you zipped him up. Were you-all still laughing once you zipped him up?
SARAH BOONE: Yes.
MR. OWENS: Okay. Tell us -- tell the jury what happened then.
SARAH BOONE: From there, I just -- I moved the suitcase around a couple of times just kind of with -- on the wheels and moved it around. And at that point, it was still -- it was funny. We were joking and laughing about it.
MR. OWENS: All right. Now, eventually did you go sit down on the couch and get your phone?
SARAH BOONE: Yes. The --
MR. OWENS: Have I missed something?
SARAH BOONE: Well, I -- the suitcase had -- from me moving it around, had flopped -- was flopped over. So while it was like that, I thought at that point I had a moment to, I guess, take the time to talk to him while, I guess, he was not able to get out for a moment.
MR. OWENS: So you flipped it -- you got it on the top, right?
SARAH BOONE: Yes.
MR. OWENS: He gets in, but at some point, you flip it over so he -- the zipper is on the bottom?
SARAH BOONE: Well, it was just kind of how I was moving it around, and then it ended up kind of flopping, so...
MR. OWENS: But it was upside down?
SARAH BOONE: Yes.
MR. OWENS: All right. So after you did that, what did you do?
SARAH BOONE: That's when I -- I went over and decided to videotape to just see the -- I guess the -- the jest in it, for him to understand that right now I feel safe and right now I have the ability to actually speak to you in a manner that normally I would not have the ability to do.
MR. OWENS: All right. And you were intoxicated?
SARAH BOONE: Yes.
MR. OWENS: And you would agree that you said some things you should not have?
SARAH BOONE: Yes.
MR. OWENS: All right. But you -- you realized he could not get out and get at you; is that fair?
SARAH BOONE: At that moment, yes.
MR. OWENS: So it goes on for about ten minutes?
SARAH BOONE: Yes.
MR. OWENS: You heard it here today, did you not?
SARAH BOONE: Yes.
MR. OWENS: You heard -- you heard his voice as he was speaking from the suitcase?
SARAH BOONE: Yes.
MR. OWENS: That was his voice on the video and audio?
SARAH BOONE: Yes.
MR. OWENS: And you heard your voice on the video and audio?
SARAH BOONE: Yes.
MR. OWENS: That was your voice?
SARAH BOONE: Yes.
MR. OWENS: All those things said by the man were said by Jorge in that two-minute video?
SARAH BOONE: Correct.
MR. OWENS: All the words said by the female were said by you in that two-minute video?
SARAH BOONE: Correct.
MR. OWENS: Were you intending on showing him the video the next day?
SARAH BOONE: Yes.
MR. OWENS: At the time -- or the next day, is it fair to say you don't even remember videotaping?
SARAH BOONE: I do not.
MR. OWENS: Okay. So from what you can tell from watching it, did that refresh your memory about that event?
SARAH BOONE: It did.
MR. OWENS: Why did you say all that?
(At the bench.)
THE COURT: Yes, sir?
MR. JAY: Judge, it's my position that they have not established an overt act. I understand it's one thing to allow her to testify about why she did these things, but I don't want that to be considered a waiver of any objection about reputation, past violence, and battered spouse syndrome coming in in a different way.
THE COURT: Response?
MR. OWENS: Well, Judge, we're -- you know, this event is broken down into the two-minute -- why did she say what she did and was recorded, and I think she's going to say, I was angry at him and he was ina confined space, he was not free to get out and it was my chance to tell him how I felt. And then, of course, 11 minutes later is the 22-minute video --
THE COURT: 22-second? 22-second video?
MR. OWENS: Right. 11 minutes later, the 22-second video, but there's an 11-minute period where she's got to testify about what happened during that time, so -- you know, I didn't know she was going to say she was incarcerated.
THE COURT: I know. I don't think anybody anticipated that.
MR. OWENS: So some things come out of clients' mouths that we don't expect.
THE COURT: I understand.
MR. OWENS: If you want to proffer it outside the presence of the jury, but I think she's going to say -- I'm gonna say, Why did you say the things in it -- on that two-minute video? And I think she's gonna say, Because I was angry and I wanted to tell him how I felt. That's what I believe the answer is gonna be. Not because, Well, you choked me and, you know, what you've done.
THE COURT: Is it possible the question -- to avoid any prior instances coming out at this point in time, is it possible to rephrase the question specifically as to the feelings that she had been having at that point in time, and only those things?
MR. OWENS: Okay.
THE COURT: So that we avoid that issue.
MR. OWENS: Okay.
THE COURT: Okay. All right. Thank you.
(In open court.)
THE COURT: Mr. Owens, you may proceed.
BY MR. OWENS:
MR. OWENS: All right. I'm talking about just the two-minute video part that was recorded. Could you just tell the jury what you were feeling, what your feelings were at the time, and then explain -- just explain that to the jury.
You mentioned -- you talked about it before. You said he was in that confined space and it was my chance, but is that -- do you want to elaborate on that or --
SARAH BOONE: Sure.
I -- I want you-all to know that I, the majority of the time, am always afraid and always scared.
MR. OWENS: All right. What -- I understand that, okay? I understand that, but would it be fair to say that you had some anger at that point?
SARAH BOONE: I did. I --
MR. OWENS: And would it be fair to say that you wanted to tell him off to some degree?
SARAH BOONE: I just wanted, yes, for him to have a better understanding, which was the whole point of the videos and documentation prior.
MR. OWENS: And you could tell that he was uncomfortable?
SARAH BOONE: I'm guessing.
MR. OWENS: And did you want him to feel some uncomfort?
SARAH BOONE: I did.
MR. OWENS: Okay. Now, at some point, you turned off the video?
SARAH BOONE: Yes.
MR. OWENS: And then we saw a second video, which is approximately 11 minutes later, and we've seen that video. It was played to the jury. It was 22 seconds long.
SARAH BOONE: Yes.
MR. OWENS: And I don't think you speak in that video. You hear Jorge say "Sarah" one time.
SARAH BOONE: Yes.
MR. OWENS: Is that fair to say?
SARAH BOONE: Yes.
MR. OWENS: So between the 2-minute video and the 22-second video, there's an 11-minute period. Would you tell the jury what happened.
SARAH BOONE: We continued to, I guess, speak to one another, and his tone changed and I knew the tone. And we ended up, I guess, arguing back and forth with one another and it was -- the things that he was saying very much frightened me and cursing at me and threatening me and --
MR. OWENS: Did he want you to let him out of the suitcase?
SARAH BOONE: I'm sure so.
MR. OWENS: Okay. Go ahead. Tell the jury.
SARAH BOONE: And it just got -- it got very heated very quickly. And he continued to push on the suitcase, and my fear was that he was going to break out of the suitcase, knowing that it was a broken suitcase. And his hand started to come through -- his hand started to come through this way (indicating) and so I shook the suitcase. I shook the Suitcase trying to get his hand to go back in, shaking it and telling him that, "Please stop doing this. Please. Please stop doing this to me. Please stop doing this to me."
MR. OWENS: So his hand -- his hand actually got out of the suitcase?
SARAH BOONE: Yes.
MR. OWENS: And you went to the suitcase?
SARAH BOONE: Yes.
MR. OWENS: And shook it?
SARAH BOONE: Yes.
MR. OWENS: Did that force his hand to go back in?
SARAH BOONE: No.
MR. OWENS: So you're shaking it. Were you shaking it to try to get the suitcase --
SARAH BOONE: Yes.
MR. OWENS: -- his hand back in?
SARAH BOONE: Yes.
MR. OWENS: How long did you shake it?
SARAH BOONE: I don't know.
MR. OWENS: But his hand was still out?
SARAH BOONE: Yes.
MR. OWENS: Was he trying to get out?
SARAH BOONE: Forcefully, yes.
MR. OWENS: Was he angry at you?
SARAH BOONE: Yes.
MR. OWENS: Were you in fear?
SARAH BOONE: Always.
MR. OWENS: If he would have gotten out of the suitcase, what would he have done to you?
SARAH BOONE: Like he used to tell me, he probably would have made me unrecognizable or I would have lost my life.
MR. OWENS: Did you lose the grip on the suitcase?
SARAH BOONE: Yes.
MR. OWENS: Where was the bat in relation to the suitcase?
SARAH BOONE: It was leaning up against the dining room table right there.
MR. OWENS: How far was the bat from the suitcase?
SARAH BOONE: Three feet, two feet.
MR. OWENS: Okay. Was his hand still out of the suitcase?
SARAH BOONE: Yes.
MR. OWENS: And was he getting out of the suitcase?
SARAH BOONE: He very much was trying, yes.
MR. OWENS: And so what did you do?
SARAH BOONE: For the split-second reaction that I had, I happened to see that and I grabbed the baseball bat and was trying to poke his hand to go back in, to "Please don't go -- don't break through, please." So I hit his hand (indicating).
MR. OWENS: All right. Did you hit the outside part of his hand?
SARAH BOONE: Yes.
MR. OWENS: We've seen the photographs of his left hand. Did you cause the bruising there?
SARAH BOONE: I'm guessing, yes.
MR. OWENS: All right. Now, you've seen the bat. It's a youth bat?
SARAH BOONE: Yes. I bought it for my son.
MR. OWENS: Is this the bat you used?
SARAH BOONE: Yes.
MR. OWENS: And you said you poked him with it?
SARAH BOONE: Yes. I -- I kind of pushed (indicating) -- like, I held it with the skinny part here and then just kind of (indicating) --
MR. OWENS: So the grip here?
SARAH BOONE: -- prodded at it. Yes.
MR. OWENS: You grabbed it with both hands here?
SARAH BOONE: Yes.
MR. OWENS: And then the barrel of the bat, the big part of the bat is here?
SARAH BOONE: Correct.
MR. OWENS: And you thrusted it --
SARAH BOONE: Correct.
MR. OWENS: -- into the different areas of the suitcase?
SARAH BOONE: I started with his hand, and his hand -- he was still trying to get out. He was still trying to do that, so I started to push on the suitcase around it, hoping to have his hand retract and go back inside.
MR. OWENS: You made those injuries (indicating)?
SARAH BOONE: I did.
MR. OWENS: We've seen the photographs.
SARAH BOONE: Yes.
MR. OWENS: We see the bruising. Is that from that bat?
SARAH BOONE: Yes.
MR. OWENS: Eventually, did his hand go back inside from you doing --
SARAH BOONE: Yes. Finally, he had -- had subsided and retracted his hand.
MR. OWENS: So in your mind, did you prevent him from attacking you?
SARAH BOONE: Absolutely. Split-second decision.
MR. OWENS: Now, once he retracted his hand, do you remember zipping it up some or what did you do in relation? Because he was upside down, was he not, at that point?
SARAH BOONE: Yes.
MR. OWENS: At some point, you flipped him back up?
SARAH BOONE: I did.
MR. OWENS: Tell how that happened.
SARAH BOONE: He wasn't cursing. He wasn't threatening. His hand was inside for most. There was no more of him trying to break through the suitcase, so I felt safe enough to turn it back over. It wasn't -- it wasn't happening anymore.
MR. OWENS: You went back to the video and the couch?
SARAH BOONE: I did, yes.
MR. OWENS: All right. And we saw the second video --
SARAH BOONE: Yes.
MR. OWENS: -- the 22-second, and he's right side up again?
SARAH BOONE: Yes.
MR. OWENS: And you hear him say "Sarah"?
SARAH BOONE: Yes.
MR. OWENS: Had you left enough room for him to get out, zipper to zipper?
SARAH BOONE: Yes. That's how his hand was trying.
MR. OWENS: That suitcase has two zippers, doesn't it, and they meet at various places along the line?
SARAH BOONE: Correct.
MR. OWENS: How much -- when you flipped it over, how much room was between zipper to zipper?
SARAH BOONE: I don't know specifically. I mean, it was enough to where his hand was coming out.
MR. OWENS: After you had hit him with the bat, was he not trying to get out anymore?
SARAH BOONE: No.
MR. OWENS: Did you believe that he could breathe in there?
SARAH BOONE: Yes.
MR. OWENS: Did you ever believe he could die in there?
SARAH BOONE: No, at all.
MR. OWENS: Were you trying to kill him?
SARAH BOONE: Never.
MR. OWENS: Did you want to kill him?
SARAH BOONE: I did not.
MR. OWENS: Did you walk upstairs?
SARAH BOONE: I did, yes.
MR. OWENS: Why didn't you let him out before you walked upstairs? Were you afraid?
SARAH BOONE: Terrified is more of the word.
MR. OWENS: All right. As long as he was in the suitcase, he couldn't harm you?
SARAH BOONE: Correct.
MR. OWENS: When he -- did you want him to calm down?
SARAH BOONE: Yes. I wanted him to stop being angry because I know what it is for him to be angry.
MR. OWENS: You went upstairs. Where were the dogs?
SARAH BOONE: The dogs ran upstairs with me.
MR. OWENS: And where did they go?
SARAH BOONE: On the bed.
MR. OWENS: Did you have the phone with you?
SARAH BOONE: Yes.
MR. OWENS: I know at some point you called your husband, Brian, did you not?
SARAH BOONE: I did.
MR. OWENS: Do you recall how long that conversation was?
SARAH BOONE: Not very long.
MR. OWENS: Can you recall what was said?
SARAH BOONE: I don't remember exactly. No, I don't.
MR. OWENS: One moment.
BY MR. OWENS:
MR. OWENS: Ms. Boone, Sarah Boone, you said that when he was in the suitcase, he was threatening her -- threatening you. Can you tell the jury what he was saying?
SARAH BOONE: I don't know. Am I allowed to curse?
MR. OWENS: Yes.
SARAH BOONE: That he was going to fucking end me and if -- that's what made me ask him, please, to stop doing what he's doing to me. That he was going to, I'm guessing, try his best that night to probably take my life.
MR. OWENS: But what -- the threat you heard was he's --
SARAH BOONE: He's going to --
MR. OWENS: Say the word.
SARAH BOONE: -- fucking end me.
MR. OWENS: Excuse me?
SARAH BOONE: Fucking end me.
MR. OWENS: End you?
SARAH BOONE: Yes.
MR. OWENS: One moment.
THE COURT: Yes, sir.
MR. OWENS: Judge, can we approach the bench?
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, sir?
MR. OWENS: I think this is the point where, ask the jury to come out and make some arguments and you decide whether there's an overt act so I can go into other matters.
THE COURT: In your position, Mr. Owens, is this the totality of the information that you want to present with regard to the incident that evening and the overt act?
MR. OWENS: Yes.
THE COURT: Okay. Is there anything else --
MR. OWENS: And she fell asleep. That she would fall asleep and wake up the next morning.
THE COURT: The last -- the post incident was that she had called Brian. There's nothing else in the record at this point in time.
MR. OWENS: I think she -- right after that call, she fell asleep.
Am I missing something?
MR. HENDERSON: (Shakes head.)
THE COURT: All right.
MR. OWENS: That's it.
THE COURT: Okay. I agree with Mr. Owens, at this point in time, we'll send -- unless there's something else -- if you want to finalize that point, you can do so.
MR. OWENS: That she fell asleep.
THE COURT: If you want to finalize that, I'll leave that to your discretion.
MR. OWENS: Let's just --
THE COURT: Okay. Then we'll bring the jury out and we can entertain any argument at that point in time. Okay. Thank you.
(In open court.)
THE COURT: All right. Members of the jury, it is 2:14. I have a matter that I have to discuss with counsel at this point in time outside of your presence, so I'm going to ask you to retire to the deliberation room. We'll bring you back in as promptly as possible.
Again, similar instruction that I've given you. Please do not conduct any independent investigation or research as to persons, places, things, or charge involved, and do not have any discussions amongst yourselves or anyone else about those things. And we'll bring you back in as promptly as possible. Thank you.