8.Sarah Boone — Cross/Redirect (Part 4)
630 linesCROSS-EXAMINATION
BY MR. JAY:
SARAH BOONE: I don't know.
SARAH BOONE: I don't know. I don't remember.
SARAH BOONE: I don't know.
SARAH BOONE: These may have been people that he was communicating with on whatever the platform was.
SARAH BOONE: I believe so, yes.
SARAH BOONE: I believe I found one or two of them from some of them.
MR. JAY: And did you send a long letter to his family to relay to them about Jorge and his girls that he was cheating on you with?
SARAH BOONE: I believe so.
SARAH BOONE: I don't remember them. It's been however long.
SARAH BOONE: Yes.
SARAH BOONE: It was more shock, but yes.
MR. JAY: So you agree that you previously stated, I was still, I believe, intoxicated to a degree?
SARAH BOONE: To a degree, yes.
MR. JAY: Okay. So 1 p.m., that's -- that's about 14 hours after 11 p.m. the night before, correct?
SARAH BOONE: I'm guessing so.
MR. JAY: All right. Well, 12 hours prior would be 1 a.m., and then 12 a.m. is 13 hours, 11 p.m. is 14 hours, correct?
SARAH BOONE: Okay.
SARAH BOONE: Yes.
MR. JAY: And you heard her talk about all the effects of ethanol it has on the human body, correct?
SARAH BOONE: Yes.
MR. JAY: And she also mentioned something that it, on average, dissipates at about .015 an hour. Do you recall that?
SARAH BOONE: I believe so.
MR. JAY: Okay. So would it be fair to say that if you're still feeling the effects of the alcohol at 1 p.m., so that's 14 hours by .015, you were at approximately about a -21 at 11 p.m. the night before. Do you feel like you were two and a half times the legal limit at that time?
SARAH BOONE: IT don't know how you came to that number.
MR. OWENS: Judge, I'm going to object.
THE COURT: Approach.
(At the bench.)
MR. OWENS: Judge, she doesn't know the science. She doesn't know the calculations. He's making the calculations. She's not aware of what she was. She said she was hungover. She was feeling the effects of the alcohol because she was hungover. That was her testimony way back when when we took the motion to suppress. That was her testimony, she was feeling the effects from the alcohol because she was hungover, not because she was intoxicated.
THE COURT: He read the citation from the transcript, and the Court's recollection is --
MR. OWENS: Improper.
THE COURT: The Court's recollection of what she testified to previously was that she was hungover, she was still intoxicated to an effect, which is in line with what Mr. Jay had just read, and there was no objection to an improper impeachment at that time. Now, there is -- the objection now, I believe, is to the question of what her level was, which she just responded she doesn't know. She doesn't know how you did that math.
THE COURT: All right.
(In open court.)
THE COURT: You may proceed.
BY MR. JAY:
MR. JAY: So you testified earlier that you-all had about half of one of these bottles left from the night before, correct?
SARAH BOONE: Yes.
MR. JAY: And so would you agree that this is one of the three bottles that was purchased between February 22nd and the two that were purchased on February 23rd of 2020?
SARAH BOONE: I'm guessing.
SARAH BOONE: It's like the bottle, yes.
(indicating) ?
SARAH BOONE: Yes.
MR. JAY: And when you say half, are we talking about to the top of the label was left from the day before?
SARAH BOONE: Oh, goodness. No.
SARAH BOONE: It was to right about here (indicating).
MR. JAY: About halfway through the label.
So in addition to halfway through the label, which you began consuming after going to Publix at about 12:15, correct?
SARAH BOONE: Around there, yes.
MR. JAY: So you-all would have began consuming around 12:30, is it fair to say, when you got back?
SARAH BOONE: T can't tell exactly.
MR. JAY: Okay. And after finishing what you-all had left over from Saturday, the two of you consumed two 1.5-liter bottles, correct?
SARAH BOONE: I'm not sure about the second bottle that he purchased, if it was empty or not at the time.
MR. JAY: Okay. Well, you did mention that the police would find two empty bottles in the top of your trash, correct?
SARAH BOONE: Yes.
SARAH BOONE: See that they were empty in the garbage, yes.
SARAH BOONE: Yes.
SARAH BOONE: That's what they said.
MR. JAY: All right. So that's 3 liters of wine between 200 pounds split between two people over the course of a day, correct?
SARAH BOONE: Yes.
MR. JAY: And you testified today that you were intoxicated at the time that this occurred, the videos between 11:00 and 11:30 at night, correct?
SARAH BOONE: Yes. At some level, yes.
MR. JAY: All right. Now, what does that mean to you? Previously, have you indicated that that means the room is spinning? Do you ever recall saying that?
SARAH BOONE: I do.
MR. JAY: So what was your level of intoxication at this point in time when the first video was filmed at 11:12 p.m.?
SARAH BOONE: Do you mean from lack of sleep or alcohol?
SARAH BOONE: What was my level?
SARAH BOONE: I was more tired than anything.
SARAH BOONE: I don't believe so.
SARAH BOONE: I mean, yes, it happened.
SARAH BOONE: Clearly.
MR. JAY: How about your inhibitions? Do you feel like you were doing things that you wouldn't do when you were sober?
SARAH BOONE: I wasn't thinking about that.
MR. JAY: Well, on reflection, do you feel like this is something you would have done when you were sober?
SARAH BOONE: I -- you didn't know me and Jorge.
MR. JAY: I'm just asking you, looking back on this, when he's in the suitcase and you're telling him how you feel and then you wait 11 minutes and you film another 22 seconds and then you go upstairs, upon reflection, is that something you would have done and left him in there had you not been drinking?
SARAH BOONE: I don't know. I can't say.
SARAH BOONE: If I was scared, then it would be something.
MR. JAY: Okay. All right. Now, today you testified about the time frame between the two videos, correct?
SARAH BOONE: Yes.
SARAH BOONE: Yes.
MR. JAY: And as you're coming down the stairs, before you even get to the bottom of the stairs, you can kind of see over your shoulder or towards your right that he's trying to hide in the suitcase, correct?
SARAH BOONE: Yes.
MR. JAY: And the lid is down, but it's not closed and you can -- you can tell he's hiding in there, it's not a great hiding spot just yet, right?
SARAH BOONE: Correct.
SARAH BOONE: Yes.
SARAH BOONE: No.
SARAH BOONE: Yes.
SARAH BOONE: Correct.
MR. JAY: All right. And then it's during this course of time -- how quickly is it after you zip it shut that you begin filming the first video?
SARAH BOONE: I don't know without watching it. I don't -- I don't know.
MR. JAY: Okay. I mean, the video is not going to catch you Zipping him up because you're, like, ten feet away, right?
SARAH BOONE: (Nods head.)
SARAH BOONE: I don't know.
MR. JAY: Okay. And then during that 9 minutes and 14 seconds is when he begins to get angry, correct?
SARAH BOONE: What 9 minutes are you --
MR. JAY: Between the two videos. There's 9 minutes and 14 seconds between the end of 1061 and the beginning of -- or 1062 and 1063. So you've got the 2-minute, 3-second video that starts at 11:12:45, correct?
SARAH BOONE: I guess.
THE COURT: You may.
BY MR. JAY:
MR. JAY: All right. So we're looking at entry 31107. That indicates, according to the phone extraction, 2/23/2020, 11:12:45 p.m., image 1062 movie begins being captured, and we have seen that that is about 2 minutes and 3 seconds.
Entry 31113 indicates that image_1063.mov -- sorry, I was disconnected.
Okay. 31113, a second movie is captured at 11:23:03 p.m.
Your testimony was that after that first video was captured by your phone and you, Mr. Torres began getting angry and trying to push his way out, correct?
SARAH BOONE: Say it one more time, please.
MR. JAY: Between these two movies, of which there's about 9 minutes and 14 seconds, Mr. Torres begins to get angry and try and push his way out and get out of the suitcase, correct?
SARAH BOONE: He had been angry on and off throughout the entire day.
MR. JAY: Okay. You didn't tell us that earlier. You said it was a wonderful fun day all day, correct?
SARAH BOONE: That's because I lived.
SARAH BOONE: When would I say that?
MR. JAY: You described your entire day of doing puzzles and arts and crafts and outside by the dartboard and you said it was a wonderful day and everything was fun until he was in the suitcase. Did you not testify to that earlier today?
SARAH BOONE: I did.
MR. JAY: Okay. My specific question between these two movies is, this is when he begins to get angry and trying to push his way out and to get out of the suitcase, correct?
SARAH BOONE: Angry again, yes.
SARAH BOONE: At which point throughout the day?
MR. JAY: Ma'am, you know very well that I'm talking about between these movies. Please answer my question.
SARAH BOONE: That was --
SARAH BOONE: Told me that I was going to fucking die.
MR. JAY: Okay. Now, this is happening after he's already told you several times he cannot breathe in the suitcase, correct?
SARAH BOONE: Correct.
MR. JAY: And he's been in there for whatever brief amount of time it took you to zip him up and it's -- the laughter stops and then you go over and begin to film, correct?
SARAH BOONE: Yes.
MR. JAY: And you're filming -- your purpose of filming is to kind of teach him a lesson, this is your chance to say something to him when he can't say anything back to you, correct?
SARAH BOONE: No.
SARAH BOONE: There was no lesson to be learned. It was just I wanted him to try to understand how I felt so maybe he could progress in being a better person the next day.
MR. JAY: So you wanted him to understand how you felt in the past, and that's not teaching a lesson?
SARAH BOONE: I just wanted him to understand.
MR. JAY: Okay. All right. And so immediately prior to zipping him up and putting him into the movie [sic], you had been upstairs, correct?
SARAH BOONE: I'm sorry?
MR. JAY: Immediately before coming down and zipping him up and then filming the first of the two movies, you had been upstairs in the shower, correct?
SARAH BOONE: Yes.
MR. JAY: I'm going to publish what has been labeled as image 1061, which according to the timeline was captured at 11:03 p.m., 31 seconds, with her device.
All right. Does this appear to be the suitcase that's in question and the two movies that are filmed at 11:12 and 11:23 p.m.?
Oh, it's not publishing.
This is image 1061 taken at 11:03 p.m., 31 seconds. Does this appear to be the blue suitcase that's in the two videos that were captured at 11:12 and 11:23 p.m.?
SARAH BOONE: Correct.
SARAH BOONE: I don't remember if I did or not.
MR. JAY: And, again, we had -- and by "we," I mean you and Mr. Torres -- two 1.5 liter bottles of wine and plus whatever was left over from the day before, correct?
SARAH BOONE: That's correct.
SARAH BOONE: I don't.
SARAH BOONE: I don't remember taking the photo.
MR. JAY: Okay. So what is your memory of what happens between 11:03 p.m., and 31 seconds, when that image is captured and then when the movie starts at 11:12:45? What do you remember?
SARAH BOONE: I don't.
SARAH BOONE: I do.
MR. JAY: You told the police on February -- or February 25th, 2020, when they first showed you the video, that you didn't remember taking that. Do you remember that?
SARAH BOONE: I do.
SARAH BOONE: I do.
SARAH BOONE: Correct.
SARAH BOONE: I did not.
MR. JAY: Was Mr. Torres in that suitcase the entire time between 11:03, when that image was taken, and then when the second video was taken at 11:23 p.m.?
SARAH BOONE: I believe so, yes.
SARAH BOONE: However long the time frame is.
MR. JAY: Did he begin telling you that he couldn't breathe before the video or do you not remember?
SARAH BOONE: I don't remember.
MR. JAY: Now, you testified moments ago that your two neighbors must have misremembered which night the loud noise was, correct?
SARAH BOONE: Yes.
MR. JAY: And now you're telling us that you don't remember taking the photograph at 11:03 p.m., correct?
SARAH BOONE: Correct.
SARAH BOONE: Yes.
MR. JAY: I'm talking about Sunday. This is the Sunday Funday when we're going to Publix twice. Were the police out at your residence?
SARAH BOONE: No.
SARAH BOONE: Yes.
MR. JAY: And that Monday morning, you called 911 -- well, Monday afternoon at about 1 p.m., correct?
SARAH BOONE: Yes.
MR. JAY: And between that time frame, you were the only person in your apartment, plus Mr. Torres in the suitcase, correct?
SARAH BOONE: Yes.
MR. JAY: So if anything had been disturbed in your apartment, you had all the time that you wanted to to undisturb them before calling 911, correct?
SARAH BOONE: If I wanted to.
MR. JAY: Okay. And you still -- your testimony is there was no loud boom that shook the walls of your townhouse at about 11 p.m. the night of February 23rd, 2020, correct?
SARAH BOONE: Correct.
SARAH BOONE: Correct.
MR. JAY: Now, that second video, the 22 seconds where you just hear him say "Sarah" and you don't say anything, you're familiar with that video, correct?
SARAH BOONE: Yes.
SARAH BOONE: Yes.
SARAH BOONE: It was pretty quick.
SARAH BOONE: No. The dogs were upstairs already.
MR. JAY: Okay. Did you call 911 and let the police know that you had zipped somebody shut in a suitcase and they had not been able to get out for 20 minutes?
SARAH BOONE: I did not.
MR. JAY: Did you go to Brian's house and tell him, I had to zip Mr. Torres up in a suitcase shut, we need to do something about that before he passes?
SARAH BOONE: I believe that's what the phone call was.
SARAH BOONE: I -- I know that I called him. I -- I don't know specifically what it was about.
MR. JAY: Okay. Now, your testimony, it seems like you spend day after day finding things to entertain Mr. Torres to do, correct?
SARAH BOONE: Yes.
SARAH BOONE: I do.
SARAH BOONE: That's your interpretation.
MR. JAY: Okay. Well, you take him from doing arts and crafts to doing puzzles, so on and so forth, correct?
SARAH BOONE: When he's been drinking, yes.
SARAH BOONE: What do you mean?
MR. JAY: Well, you described Mr. Torres as being notoriously known for doing things. You described your ex-husband, Brian Boone, notorious for doing things, like nagging and calling all the time. Do you remember your testimony calling people notorious for doing things?
SARAH BOONE: Yes.
SARAH BOONE: I don't know.
MR. JAY: And you would not answer Brian Boone, your ex-husband's phone calls just so that you could let him know that you're busy and you have things going on, correct?
SARAH BOONE: I knew that at whatever time it was that he was calling me, that he could wait for the few moments of me getting up to where Lucas gets off of school -- out of school at 3:00.
SARAH BOONE: That day, yes.
MR. JAY: Okay. How about other days, would he have to call to remind you to get Lucas on other days?
SARAH BOONE: He wasn't reminding me. He was just making sure that Lucas was -- was covered for pickup.
SARAH BOONE: Or dropoff.
MR. JAY: All right. You didn't mention to the sheriff's office on either February 24th or February 25th about going to Publix with Mr. Torres at noon or 12:17, did you?
SARAH BOONE: I don't recall.
SARAH BOONE: Correct.
SARAH BOONE: At what point?
SARAH BOONE: No, I didn't.
MR. JAY: You had indicated to the police that it was about 4 p.m. that you-all had started drinking after doing chores. Do you recall that?
SARAH BOONE: I do.
MR. JAY: And your testimony today was that it was really more after you guys went to Publix at about 12:17 p.m., correct?
SARAH BOONE: Yes.
SARAH BOONE: I did not.
MR. OWENS: I'm sorry, I couldn't hear the question.
BY MR. JAY:
SARAH BOONE: I did not.
MR. JAY: And when they were asking you about Mr. Torres' injuries, you told them that you had nothing to do with it, correct?
SARAH BOONE: Yes.
SARAH BOONE: Correct.
SARAH BOONE: I don't remember.
SARAH BOONE: I believe we had leftovers from I think something that we had in the fridge.
SARAH BOONE: Not at this point, no.
SARAH BOONE: No. I believe it was for -- I'm guessing he and I ate at the same time.
SARAH BOONE: Yes.
MR. JAY: And do you admit that you were yelling in the background, telling Mr. Torres to tell his brother that he had been choking you?
SARAH BOONE: I don't know if I was yelling. I know that I -- he could hear me through the phone.
MR. JAY: Okay. So how long had that been going on that day? When did you start getting on Mr. Torres about choking you in the past?
SARAH BOONE: I had -- he and I had had conversations about it because he didn't remember doing it to me and -- the next day and the day of.
MR. JAY: Is it fair to say that there are just points in time where you don't remember what you do either, correct?
SARAH BOONE: Are you talking about almost five years ago?
MR. JAY: I'm talking about from drinking. Is it fair to say that you don't often remember things that you did while you were drinking?
SARAH BOONE: I would not say often.
MR. JAY: Okay. In the course of your relationship with Mr. Torres, are there things you don't remember happening that happened the night before between you and him?
SARAH BOONE: I can't say that at this point.
MR. JAY: Okay. But you said that you don't remember taking that photograph at 11:03 p.m. on February 23rd, correct?
SARAH BOONE: Yes.
MR. JAY: Was there anything else that you were telling Mr. Torres that he needed to tell his brother?
SARAH BOONE: Not that I can recall.
SARAH BOONE: Not that I can recall.
SARAH BOONE: Correct.
SARAH BOONE: If I was, it was to go back and look to see.
MR. JAY: Okay. Did you ever threaten to get Mr. Torres arrested if he did not do what you wanted him to do?
SARAH BOONE: I wouldn't say threaten.
MR. JAY: Okay. Well, were there ever points in times where you would like him to call you or return a call, and if he didn't do that, you would threaten to get him arrested?
SARAH BOONE: It depends on if he had my keys or something that I needed from him.
SARAH BOONE: Mine, yes, slash, ours.
SARAH BOONE: I'm not sure what year it was, but I don't think he was actually removed from the lease.
SARAH BOONE: I think he was made a different type of tenant.
MR. JAY: And did you change the locks so that he couldn't get back in at the points in times when you kicked him out?
SARAH BOONE: I did sometimes.
SARAH BOONE: There were multiple hiding places.
MR. JAY: Okay. On any of the 911 calls, did you ever mention that Mr. Torres was aware of where you kept your keys and that's how he got back into the house?
SARAH BOONE: I didn't know I needed to.
SARAH BOONE: He would never break into my home.
SARAH BOONE: Yes.
SARAH BOONE: Yes.
SARAH BOONE: Yes.
SARAH BOONE: I'm not sure. I don't --
SARAH BOONE: I was missing a wad of my hair, yes, that was on the stairwell.
MR. JAY: Okay. And you agree that you were photographed on February 24th, when the police came out, correct?
SARAH BOONE: The day of the incident?
SARAH BOONE: Yes.
MR. JAY: Some of those photographs showed ashtrays inside your house. I thought you said you guys couldn't smoke inside your house?
SARAH BOONE: We couldn't.
SARAH BOONE: Sometimes, yes.
MR. JAY: And you agree you would go to the hospital and tell them things that were not true, correct?
SARAH BOONE: Yes.
MR. JAY: There were times where you would go to the hospital and leave without getting treatment, correct?
SARAH BOONE: Yes.
MR. JAY: And is it fair to say that you often had alcohol in your system when you were going to the hospital, correct?
SARAH BOONE: Sometimes.
MR. JAY: All right. So just to summarize the day to make sure we understand it. You-all wake up sometime in the morning, but it's an unknown time, correct, on February 23rd?
SARAH BOONE: Or early afternoon. I -- yes, I had a problem with the detectives and them having me guesstimate times.
MR. JAY: Okay. Are you the kind of person, like most of us, that uses your phone when you wake up?
SARAH BOONE: No.
MR. JAY: So the first activity on your phone may have nothing to do with when you woke up. Is that fair for you?
SARAH BOONE: Yes, other than looking at the time possibly.
SARAH BOONE: Correct.
SARAH BOONE: Yes.
MR. JAY: So that is true, that part of it is true, you did do chores before going to Publix at 12:17?
SARAH BOONE: Yes.
MR. JAY: All right. After chores, you go to Publix and you get that 1.5-liter magnum bottle of Woodbridge Chardonnay, correct?
SARAH BOONE: I'm not sure what magnum is.
SARAH BOONE: Okay. Yes.
SARAH BOONE: Yes. It was the larger bottle.
MR. JAY: And you got home and you at 100 pounds and Mr. Torres at 103 pounds began drinking this wine, correct?
SARAH BOONE: I'm guessing so. I'm not gonna guess times.
SARAH BOONE: I'm not sure. I mean, we could have continued to do whatever was left over from what we didn't do before we went to Publix.
SARAH BOONE: Than?
SARAH BOONE: I -- I don't know.
SARAH BOONE: I don't know.
SARAH BOONE: Yes.
MR. JAY: And so you drank what's left in the magnum -- the bottle of wine from the day before that's halfway label, correct?
SARAH BOONE: At some point.
MR. JAY: And then you drink 1.5 liters of wine and he goes out and gets another one on his own, without your permission or suggestion, about 5:30, correct?
SARAH BOONE: Correct.
MR. JAY: And then you-all consume that one as well and it ends up in the trash can at the end of the night, correct?
SARAH BOONE: Apparently.
MR. JAY: Okay. At what point in the night does your memory tape stop? Because you've described that it wasn't on at 11:03 p.m. when that photograph was taken. What's the last thing you actually do remember prior to these videos being made?
SARAH BOONE: I -- I don't recall at this point. I -- I don't remember.
SARAH BOONE: Yes.
SARAH BOONE: Yes.
SARAH BOONE: No. That's just --
SARAH BOONE: No.
SARAH BOONE: I -- I don't know how to tell you. I --
SARAH BOONE: I was it and I -- I went and hid.
MR. JAY: I mean, my understanding of the rules of hide-and-seek is one person will be it, cover his or her eyes and count to, like, 20 and then go find the person that's hiding. Is that your familiarity with the rules too or do you guys have house rules?
SARAH BOONE: I understand how the game of hide-and-seek works.
MR. JAY: Okay. So explain to me, what was your expectation? You go up to the shower. Were you expecting him to come find you?
SARAH BOONE: I was.
SARAH BOONE: Yes.
SARAH BOONE: Correct.
MR. JAY: And because of the way your townhouse is set up, you can kind of see over where the suitcase is and that he's trying to hide in there, but is not successfully hidden just yet?
SARAH BOONE: I mean, yes. You have to come down a good ways in order to be able to see that.
SARAH BOONE: Yes.
MR. JAY: All right. And then you come over there and, thinking that it's funny, you zip him shut, correct?
SARAH BOONE: Yes. We both thought it was funny.
THE COURT: Enter into the well?
THE COURT: Yes.
SARAH BOONE: Go now?
THE COURT: Deputy, could we release her into the well, please?
(Defendant stepped down.)
BY MR. JAY:
MR. JAY: All right. Ms. Boone, can you demonstrate for the jury where Mr. Torres' head was and how his body was positioned in the suitcase, if you don't mind?
SARAH BOONE: His back was this way and his head was here.
MR. JAY: All right. And then is it fair to say his feet are kind of down here, which would be the front left corner from their perspective in the jury box?
SARAH BOONE: Yes.
SARAH BOONE: If I remember correctly, yes, that's the position.
MR. JAY: Okay. All right. Can you help me understand how it was that you zipped it shut? Can you show us where you say you left an opening that his hand got out of?
SARAH BOONE: Would it be easier to put it down here?
MR. OWENS: Hold up. Hold up. Does she need to be wearing gloves?
THE COURT: Yes, agreed, if she's going to be manipulating it.
MR. OWENS: What are you wanting her to do?
SARAH BOONE: Okay. Well, where is the paper clip? And do you remember what zipper it was in?
MR. OWENS: Judge, the paper clip was on when this event occurred. When we pulled the suitcase out earlier, the paper clip was not attached. So now the prosecutor has attached the paper clip. We don't know if that's the way it was attached.
SARAH BOONE: It's not even a paper clip.
MR. OWENS: We don't know if that's the proper way that it was attached, but he's asking her now to pull --
THE COURT: Is there an objection?
MR. OWENS: Yes.
THE COURT: Approach.
(At the bench.)
THE COURT: What is the legal grounds of your objection?
MR. OWENS: It's not attached as it was on the night in question.
THE COURT: Okay.
MR. OWENS: For whatever reason -- for whatever reason, the suitcase is not in the same condition that it was in. I don't know why -- when we went to pull it out just now during the break, I was looking at it and I said, Where is the paper clip? And then Mr. Jay found it in the bottom of the box.
THE COURT: Okay.
MR. OWENS: So I had it put in that envelope, but now Mr. Jay has attempted to attach the --
MR. CACCIATORE: (Indicating.)
MR. OWENS: I've got pictures -- yeah, that's it.
MR. JAY: I don't care how she closed it. I just want a demonstration of how she left it with him in there.
THE COURT: It's for demonstrative purposes.
MR. OWENS: I understand, but the paper clip may not be attached as it was, so it may not be as easy for her to zip it up now as it was because he's attached it maybe differently than how she attached it. I think he's looking at the photograph of how --
MR. JAY: I'm happy to do it myself. I just want a demonstration of how she claims she left it open.
THE COURT: Yeah, I don't think the demonstration is for the purposes of zipping it, is my understanding.
MR. CACCIATORE: I don't see how that's going to assist in showing that.
MR. OWENS: Well, I've got a picture of it ina different position.
MR. CACCIATORE: This was taken --
THE COURT: Let's stop. First of all, let's not talk over each other, number one. Number two, there was evidence that was placed, that Mr. Cacciatore is making reference to, as to the paper clip or wire that was appended to the suitcase at the time as the CSI techs had testified to.
The purpose of this is the spacing of where his hand was. She already said she can zip it up, that she would want to zip it up. I'm going to allow the State to proceed. You can address it on redirect that it's not in the same or substantially same situation or placement of the paper clip on redirect examination to establish that it's a slightly different set of circumstances, but I'm going to allow him to proceed for the demonstrative purpose.
MR. OWENS: Are you going to zip it up or are you going to have her zip it up?
THE COURT: It makes no difference to me.
You may proceed.
(In open court.)
THE COURT: Objection is overruled.
COURT REPORTER: (Nods head.)
BY MR. JAY:
MR. JAY: Can we see how it was that the two zipper parts were positioned when you say that Mr. Torres was able to get his hand out?
If you want me to do it, I'm fine to take your direction.
SARAH BOONE: From what I remember, this is how the suitcase -- this is how the suitcase was.
This was up here. This was not this hard either. So this was, like, here.
SARAH BOONE: Right here.
SARAH BOONE: Sure.
SARAH BOONE: No.
SARAH BOONE: You asked me where I zipped it.
SARAH BOONE: Are you talking about how I zipped it or --
MR. JAY: When you're done zipping it shut and he's inside of it, where are the zipper components?
MR. OWENS: Just tell me where it's at. I'll do it.
SARAH BOONE: I mean, it was -- the corner was -- the corner was kind of open.
MR. OWENS: It was right here, in here?
SARAH BOONE: I mean, it's not...
MR. OWENS: Yes?
SARAH BOONE: Yes. This one was already damaged, from what I can remember. That's -- how he was coming with his hand out, it was like this from the corner part.
(Defendant resumed witness stand.)
BY MR. JAY:
SARAH BOONE: I did not.
MR. JAY: And so once he was zipped into there, there's some amount of time, but you don't remember specifically, before you start taking the two-minute video, correct?
SARAH BOONE: Yes.
MR. JAY: All right. And then that's when you say what you say and that's when he says what he says, we've all heard it, correct?
SARAH BOONE: Yes.
MR. JAY: And then between there, in that second video of the 22 seconds length, it's at this point where he's beginning to get angry and then that's when you take the baseball bat that's in evidence and your testimony is you start poking him with the end of it (indicating)?
SARAH BOONE: Did you say this was the second video?
MR. JAY: Between the two videos, that's -- that's when you started hitting him with the bat because he was getting angry and trying to escape, correct?
SARAH BOONE: Right. I was not hitting him, I was -- yes.
SARAH BOONE: No.
MR. JAY: So each time that he is hit with the bat, it's through this suitcase (indicating), and that's what leaves the marks on him, because you didn't hit him with the bat outside of the suitcase, correct?
SARAH BOONE: Yes. If you'd like for me to demonstrate?
MR. JAY: No, that's okay. The suitcase will speak for itself.
And then you take the second video and you go upstairs and go to bed, correct?
SARAH BOONE: I apparently went upstairs and I used the phone to make a phone call.
SARAH BOONE: And then I fell asleep.
MR. JAY: All right. And at the point in time when you left and went upstairs, he was still inside the suitcase, correct?
SARAH BOONE: Correct.
SARAH BOONE: Not that I can recall.
SARAH BOONE: I don't remember.
SARAH BOONE: I don't remember.
SARAH BOONE: No.
THE COURT: Any redirect examination?
REDIRECT EXAMINATION
BY MR. OWENS:
MR. OWENS: Ms. Boone, he just asked you the question, that you poked him and you didn't poke -- you poked -- every time you poked him hard with the bat, he was inside the briefcase [sic]?
SARAH BOONE: The suitcase, yes.
MR. OWENS: The suitcase.
But you remember when he put his hand out, did you not hit him in the hand outside the suitcase?
SARAH BOONE: Yes.
MR. OWENS: Okay. So that was the only time the bat touched Mr. Torres' body outside the suitcase?
SARAH BOONE: Yes.
MR. OWENS: Was when you hit him on the hand, but all the other injuries were with you poking him pretty hard?
SARAH BOONE: Correct.
MR. OWENS: I mean, you bruised your hand, correct, doing it?
SARAH BOONE: Correct.
MR. OWENS: Thank you. That's all I have.
THE COURT: All right. Ma'am, you can return to counsels' table.
MR. OWENS: Judge, can we approach a moment?
THE COURT: Just a moment. Let me get her Situated at the table and then we can approach.
(Defendant stepped down.)
THE COURT: All right. Come on up, you-all.
(At the bench.)
MR. OWENS: Mr. Henderson has got some bad news.
THE COURT: Okay. What's the bad news?
MR. OWENS: I said you've got some bad news.
MR. HENDERSON: The bad news --
THE COURT: Mr. Henderson, can you get a little bit closer?
MR. HENDERSON: Oh. Yes.
THE COURT: Yes, sir?
MR. HENDERSON: Judge, I let the officers go. I told them, like I informed the Court, that I was going to do based on the time schedule that we're in. I know we were over --
THE COURT: That's fine.
MR. HENDERSON: -- and I didn't think that was --
THE COURT: It's 5:40.
MR. OWENS: We don't have any witnesses.
THE COURT: I understand. We'll pick up tomorrow morning. That's fine. No big deal. That's okay. I anticipated the cross to be a little bit longer. I think we all may have, but that's no big deal.
Gentlemen, anything we need to discuss before we go into recess for the evening?
THE COURT: Okay. Let's be ready to rock and roll at 9 a.m.
Yes, sir?
MR. BECK: I was just curious whether or not we're going to address the motion to stay filed this morning in camera this evening or are we going to do that later?
THE COURT: I'm not addressing it yet. We can address it later when we get closer to jury instructions.
MR. OWENS: We've got an issue. By 5:00 today, you had ordered us to have a redacted down to the medical records. We need more time, Judge. Can we have a little more time?
THE COURT: Here's my concern --
MR. OWENS: Mr. Beck is working on it.
THE COURT: Here's my concern, is Dr. Harper is supposed to testify on Thursday and the State needs to understand what it is that you-all are looking for.
MR. JAY: That's not -- that's not the issue. I'm familiar with all the records she relied on and they can, of course, rely on stuff that's inadmissible.
THE COURT: Yeah, of course.
THE COURT: Yeah.
MR. JAY: So it's a completely separate issue. I just need to know what they're seeking to introduce to see if I object, to see if it's complete, see if it's incomplete, so on and so forth like we did with her records.
MR. OWENS: Can we get you an answer in the morning?
THE COURT: When do you anticipate on moving them into evidence?
MR. OWENS: I need to talk to -- I believe there's case law that I can re-call the client, because she was gonna testify to something that happened, and I believe it was he got mad at her and he rammed his fist through a glass window or something and he got cut, so he had to go to the hospital.
THE COURT: Okay. So hang on.
MR. OWENS: That evidence was going into those medical records.
THE COURT: Let me do this. This is going to take a couple minutes for us to figure out. Let's get the jury out of here so we're not wasting their time and then we can go from there.
(In open court.)
THE COURT: All right. Members of the jury, thank you so much. It is 5:42. At this point in time, the Court is going to go into recess for the evening. I thank you again for your continued service and your attention in this matter. We're going to start tomorrow again at 9 a.m. here in 12-Alpha at the Orange County Courthouse.
T'll read you another instruction. I know you've heard it. I'm sure you're sick of it, but I've gotta keep reading it, so thank you.
Jurors, you must not conduct any investigation on your own. This includes reading newspapers, watching television, or using a computer, cell phone, the internet, any electronic device, or any other means at all to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during the trial.
Jurors, do not watch local news or read local newspapers. Jurors must not have discussions of any sort with friends, family members, or even your fellow jurors about the case or the people and places involved, so do not let anyone make comments to you or ask questions about the trial.
I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, computers, or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room, or blog.
With that, members of the jury, I'm going to excuse you for the balance of the evening and thank you so much.
COURT STAFF: Jury exiting.
(Jury exits.)
THE COURT: With regard to these medical records, the Court previously today had required by 5 p.m. to address those. Unfortunately, they have not yet been addressed. It is imperative that the State knows what it is or culling down or redacting, and I understand that you may want to be seeking those into evidence maybe tomorrow, and the State needs to be advised as to what it is that you're seeking to utilize. So where are we in figuring that out?
MR. OWENS: Can I have one minute with the client?
THE COURT: Yes, sir.
MR. OWENS: Judge, we've had discussions with Ms. Boone, and she claims that every time that he went to the hospital, and the medical records would show, that it was in relation to some type of domestic violence involving her. We've expressed to her that we do not wish to pursue it and introduce those records of Jorge Torres -- of his medical records of the different times he went as it relates to their difficulties.
Do you understand that?
SARAH BOONE: Yes.
THE COURT: Okay. Ma'am, earlier we had discussed -- anything else to add to that, Mr. Owens?
MR. OWENS: Just that I've explained to her that the lawyers make those decisions, and I believe she's in agreement now. I just wanted to get it on the record.
THE COURT: Understood.
All right. So, ma'am, I've got just a couple follow-up questions. Similar to other conversations we've had over the last couple of days, I don't want to know about the specifics of any conversations you've had with you and your attorneys, just whether or not you've had them.
You recall earlier today I had asked you questions about certain rights that you have the ability to decide. Do you recall that conversation that we had, ma'am? It was before you testified.
SARAH BOONE: Yes.
THE COURT: Okay. Do you recall that I advised you that the lawyers get to make most of the strategy determinations at trial? Do you recall that?
SARAH BOONE: I do.
THE COURT: And do you recall that you said you understood that?
SARAH BOONE: Yes.
THE COURT: And do you also recall that I advised you of certain rights that you have? Do you recall that?
SARAH BOONE: I do.
THE COURT: And one of those rights was the right to testify or remain silent. Do you recall that?
SARAH BOONE: Yes.
THE COURT: And did you understand that?
SARAH BOONE: Yes.
THE COURT: So this decision is a trial decision as to whether or not there's certain evidence that your lawyers are going to seek to utilize in your defense. Do you understand that?
SARAH BOONE: Yes.
THE COURT: Do you understand that they are exercising that trial strategy at this time not to pursue those medical records?
SARAH BOONE: I do.
THE COURT: Okay. Do you have any questions about that?
SARAH BOONE: I don't.
THE COURT: Are you on board with that strategy?
SARAH BOONE: I am.
THE COURT: Are you still on board with the strategy utilized in your defense?
SARAH BOONE: All of it, yes.
THE COURT: Are you satisfied with your lawyers' representation of you in this matter?
SARAH BOONE: Yes.
THE COURT: All right. Thank you.
State, anything else we need to address before we retire for the evening?
THE COURT: That's okay.
MR. JAY: My understanding is the last civilian witness they intend on calling is arriving at MCO at 9:03 in the morning tomorrow.
THE COURT: It was either 9:03 or 9:05, yes.
MR. JAY: And the plan will be to depose her in the evening at 5:30. And then, just scheduling purposes, we're trying to figure out when we would need our rebuttal expert, Dr. Werner, to appear.
THE COURT: I know Mr. Owens had said they were endeavoring to finish by Friday, but I don't know if Dr. Harper's availability issues for tomorrow is going to change that anticipated time frame.
MR. OWENS: I'11 try to reach out to her by text. That's usually how we communicate, but --
THE COURT: Well, assuming she testifies on Thursday, are you still in the position to rest on Friday or would that kick us to the next week, sir?
MR. OWENS: Well, no. I want to finish this week if at all possible. I'm hoping that Dr. Harper could be here tomorrow when Dr. Brannon is here, but let's just say she's tied up in Bay County --
THE COURT: Let's do worst case scenario.
MR. OWENS: Okay. She's here Thursday morning. I think we would try to finish our case right then and give the State a chance to rebut. I would say Thursday. I would have --
MR. JAY: Okay. My understanding is our expert can't be here in the afternoon on Thursday. I'm going to have to check her availability for Friday.
THE COURT: If you would be so kind and we can address that tomorrow morning.
THE COURT: Okay. Anything else, State?
THE COURT: Anything else from the defense?
MR. OWENS: No, sir.
THE COURT: All right. The Court will be in recess.
MR. HENDERSON: Judge?
THE COURT: Yes, sir.
MR. HENDERSON: I'm sorry. Just to give everybody some scheduling -- this might help everyone with scheduling. There are going to be two officers here in the morning who are going to be ready to testify. There will also be some other witnesses, officers, like the detective who testified, that I need to call back because of some impeachment issues of one of the witnesses, so -- and then we'll get into everybody else's witnesses. So it'll be about three or four that I have in the morning-time that we'll be proceeding on, then we'll go from there.
THE COURT: Okay. All right. Appreciate the lay of the land.
All right. We will see you-all -- yes? One more, Mr. Owens. Yes, sir?
MR. OWENS: The one witness that is flying in from New Jersey I think is Wednesday at 9 a.m.
MR. OWENS: I think the flight -- she's scheduled to fly out Thursday at 9 a.m., so if there's any way we could depose her maybe in the morning or at lunch and then have her testify Wednesday afternoon.
MR. JAY: That's an unreasonable demand on my time, given everything I've been doing to make sure that we can get this pushed through. I need to do things like get ready for expert cross-examinations and other things need to get accomplished at lunchtime. Happy to do it in the evening. My understanding is she was supposed to be coming in today so that we could do it tonight, and that didn't happen, but I don't -- I don't think I should be forced to accommodate a lunchtime deposition.
THE COURT: Anything further?
MR. OWENS: I don't -- I'm just telling you what her plans were.
THE COURT: Deposition will be at 5:30 tomorrow, or if we've got to have it later depending on how we go. We'll address it at that time.
All right. Thank you both very much. We will see you tomorrow morning at 9 a.m. The Court is in recess.
(Proceedings recessed at 5:51 p.m. on October 22, 2024, to be resumed on October 23, 2024.)