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2024 Criminal Trialtrial-daytrial-dayWilliam R. JayKevin Timothy BeckTony HendersonJames Sylivan OwensJohn AldenJessica Ramirez DelgadoChelsey KoepsellMichael BrannonJulie HarperJunella UadanPearl WalkerdirectcrossredirectDay 8 - October 23, 2024Defense witnesses described earlier injuries and police responses, while Michael Brannon explained battered spouse syndrome generally and Julie Harper offered assessment opinions about Boone. Cross-examination addressed Harper's methods and Boone's suitcase account. Phone videos were published, and no-contact orders were premarked but not admitted.
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Day 8 - October 23, 2024

Injury Testimony, Battered Spouse Assessments, and No-Contact Orders

Judge Michael Kraynick
34Proceedings
9Pages
7Witnesses
2,536Lines
27Sidebars
Day 8 of 10
Appearing:

Defense witnesses described earlier injuries and police responses, while Michael Brannon explained battered spouse syndrome generally and Julie Harper offered assessment opinions about Boone. Cross-examination addressed Harper's methods and Boone's suitcase account. Phone videos were published, and no-contact orders were premarked but not admitted.

Full day summary

Defense witnesses described earlier injuries and police responses involving Sarah Boone and Jorge Torres. Jessica Ramirez Delgado recalled bruising and swelling around Boone's right eye and marks around Torres's neck during a July 2018 domestic call. She attributed the investigation's handling decision to Deputy Zito. John Alden described neck redness and an apparently old eye injury on Boone, and redness near Torres's left eye, during an August 2019 call that ended in Torres's arrest. On cross-examination, Alden emphasized the limits of his recollection after five years and the value of the body-camera recording. Chelsey Koepsell recalled Abraham Moreno reporting that Boone mentioned being dragged down stairs a couple of days earlier, without claiming exact wording or a definite date. After reviewing a transcription, she distinguished a reported statement that Boone passed out from wording that she fell asleep. The court allowed the statement to refresh recollection but barred reading it aloud. Neighbor Pearl Walker described seeing injuries and an upset demeanor, but could not recall when she saw the injuries or identify who caused them. The court limited testimony repeating Boone's explanations and sustained objections to character testimony and a question about a pattern of abuse. Michael Brannon explained battered spouse syndrome, coercive control, trauma responses, and learned helplessness as general psychological concepts. He had not assessed Boone. He emphasized multiple information sources, alternative explanations, alcohol's effects on memory, and the need to distinguish pre-existing symptoms from those attributed to later abuse. Julie Harper, who assessed Boone through nine meetings, testing, and collateral materials, diagnosed PTSD and opined that Boone had depression and alcohol use disorder at the time of the offense. She attributed Boone's trauma to intimate-partner violence and opined that Boone had battered spouse syndrome at the February 23, 2020 event. Cross-examination addressed Harper's unreviewed materials, interview methods, and a changed deposition answer about a narcissistic criterion. Harper confirmed Boone's reported intention to leave Torres in the suitcase for two minutes to convey how choking felt, and Boone's explanation that she believed he could get out. The court struck a question characterizing Boone's recorded statement and reminded jurors that questions are not evidence. The defense published two admitted phone videos. Exhibit 17's audio transcription was expressly nonverbatim, and no content from Exhibit 18 is transcribed in the supplied record. Two no-contact orders were premarked, not admitted, after the State withdrew its hearsay objection. The court scheduled continued defense evidence before rebuttal and reserved further discussion of proposed Miranda-related voluntariness language for the charge conference after Boone consulted counsel.

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2. John Alden — Direct/Cross

Defense witness John Alden described observations during an August 2019 battery call and confirmed Jorge Torres's arrest. Cross-examination addressed his recollection and the basis for the investigation.

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Direct
John Alden — Direct John Alden Tony Henderson
39 lines

John Alden described injuries on Boone and Torres during a 2019 battery call and confirmed Torres's arrest.

Cross
John Alden — Cross John Alden William R. Jay
25 lines

John Alden clarified his injury recollection, qualified his memory of camera use, and confirmed the investigation's information sources.

sidebar
Witness Order While Awaiting Dr. Brannon
13 lines

Counsel discussed calling Detective Lowen while awaiting Dr. Brannon, whom Beck said was expected at the courthouse around 9:30.

Highlights

4. Michael Brannon — Direct/Cross/Redirect

Michael Brannon discussed battered spouse syndrome and the need to corroborate psychological assessments, while confirming he had not evaluated Sarah Boone. Cross-examination and redirect explored alternative explanations and trauma responses before the defense rested.

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Direct
Michael Brannon — Direct Michael Brannon Kevin Timothy Beck
213 lines

Michael Brannon explained battered spouse syndrome and comprehensive assessment practices, confirmed he had not assessed Boone, and testified within limits imposed after State objections.

5 sidebars inside this proceeding
  1. Battered Women and Battered Spouse TestimonyCounsel disputed proposed testimony equating battered women and battered spouse terminology by reference to a jury instruction whose language had not been agreed upon.
  2. Tender in Open CourtCounsel raised a case-law concern about the court accepting a tender in open court.
  3. No Objection to Offering OpinionsJay confirmed there would be no objection to the individual's ability to offer opinions.
  4. Objection to PTSD Testimony About Perceived ThreatsJay challenged the relevance of PTSD or battered-spouse testimony explaining subjective reactions rather than objectively reasonable behavior.
  5. Declined Evaluation and One-Attorney RuleThe defense sought to compare expert reliability through a declined evaluation, while the prosecution challenged relevance and multiple defense attorneys’ participation.
Cross
Michael Brannon — Cross Michael Brannon William R. Jay
124 lines

Brannon discussed corroboration, alternative explanations for trauma symptoms, and coercive control. The court allowed a disputed hypothetical based on anticipated rebuttal videos.

2 sidebars inside this proceeding
  1. Comprehensive review and cross-examination limitsCounsel disputed whether questions about comprehensive review opened the door to explaining the witness's asserted lack of time or opportunity to complete it.
  2. Hypothetical Based on Anticipated Rebuttal VideosJay argued that a hypothetical relied on anticipated rebuttal videos, while Beck asked about striking it if those videos were not admitted.
Redirect
Michael Brannon — Redirect Michael Brannon Kevin Timothy Beck
25 lines

Brannon clarified assessment safeguards, diagnostic limits, and learned helplessness. The court sustained a hypothetical objection, and Beck announced that the defense would rest.

sidebar
Witness Schedule and Walker’s Wheelchair Access
18 lines

Counsel discussed upcoming witnesses, a possible early lunch, and Ms. Walker’s anticipated 1:00 appearance, with Jay consenting to video testimony.

Procedural
Mid-morning break and witness planning
22 lines

Highlights

6. Pearl Walker — Direct/Cross

Pearl Walker described injuries she observed on Sarah Boone but could not recall when she saw them or identify who caused the marks. The court limited portions of her testimony, and she was excused after cross-examination.

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sidebar
Harper’s Testimony Timing, Jury Instructions, and Walker’s Access
55 lines

Counsel discussed additional preparation time for Dr. Julie Harper, jury-instruction review, and wheelchair access for Pearl Walker.

Procedural
Contacting Harper and awaiting counsel's return
12 lines
sidebar
Contacting Dr. Harper and Submitting Defense Instructions
8 lines

Counsel discussed difficulty reaching Dr. Harper and submitting non-deadly instruction 3.6(g), arguing that it and 3.6(f) may both need to be read.

Procedural
Instruction scheduling and call and swearing of Pearl Walker
32 lines
Direct
Pearl Walker — Direct Pearl Walker Kevin Timothy Beck
121 lines

Pearl Walker described injuries and upset demeanor she observed in Boone. The court restricted hearsay, character testimony, and a question about a pattern of abuse.

1 sidebar inside this proceeding
  1. Character Evidence About Boone’s Treatment of WalkerThe defense argued that Boone’s treatment of Walker could counter impressions of grandiosity or narcissism, while the State challenged the questioning on character and relevance grounds.
Cross
Pearl Walker — Cross Pearl Walker William R. Jay
35 lines

Pearl Walker could not date her injury observations and described inferring possible arguments from dogs barking.

7. Julie Harper — Direct (Part 1)

Defense witness Julie Harper describes her assessment of Sarah Boone and offers opinions about trauma, mental health, and battered spouse syndrome, with court rulings limiting some testimony.

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sidebar
Waiting for Dr. Harper to Arrive
14 lines

Owens reported that Dr. Harper was walking to the courtroom and requested a short break while awaiting her arrival.

Procedural
Witness-delay recess, camera-privacy direction, and Harper's call and oath
34 lines
Direct
Julie Harper — Direct Julie Harper James Sylivan Owens
479 lines

Julie Harper diagnosed Boone with PTSD and opined that she had battered spouse syndrome at the event. Her direct examination addressed testing, trauma-related behavior, and court-imposed limits on relaying supporting hearsay.

4 sidebars inside this proceeding
  1. Hearsay Objection to Boone’s Family HistoryCounsel discussed whether testimony about Boone’s father’s death could rely on her statements or written records.
  2. Prior Diagnoses as Bases for Expert OpinionsCounsel discussed whether an expert could disclose prior diagnoses relied on in forming her opinions.
  3. Relevance of Dissociation Testimony to BooneCounsel discussed whether general dissociation testimony applied to Ms. Boone, with the defense linking dissociation to psychological detachment among battered women.
  4. Relevance and Form of Abuse QuestionsCounsel disputed whether expert questions about abusive acts needed to be framed as hypotheticals based on facts in evidence.

Highlights

8. Julie Harper — Cross/Redirect (Part 2)

Julie Harper was questioned about the limits of her assessment and Boone's reported account of the suitcase incident. Redirect addressed general examples of control, and Harper was excused.

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Cross
Julie Harper — Cross Julie Harper William R. Jay
721 lines

Jay challenged Harper's assessment methods, corroboration, and reliance on Boone's account. Harper described limits in her review and follow-up questioning; the court restricted questions about Boone's recorded statement and jail medical records.

6 sidebars inside this proceeding
  1. Compound Question on Sanity and Battered Spouse SyndromeOwens objected that a question addressing both sanity and battered spouse syndrome was compound and should be split.
  2. Objection to Characterization of Video StatementOwens disputed the video's characterization, saying the speaker denied intent and causing the death while noting the video would need to be rewatched.
  3. Objection to Wording of Statement QuestionThe defense objected that the question recast a statement that Jorge Torres's death was unintentional as a denial of killing him.
  4. Questioning About the Full Aspire Records ParagraphOwens sought to have the witness review the entire Aspire records paragraph, including references to relationship problems, under the rule of completeness.
  5. Cross-Examination About Unreviewed Jail Medical RecordsThe defense objected to questioning about the expert's failure to review jail medical records, citing earlier discussions and a message directing her not to review them.
  6. Forensic Psychologist’s Scope on Bat InjuriesOwens objected that interpreting injuries from different bat movements exceeded the forensic psychologist’s expertise, and Jay said he would move on.
Redirect
Julie Harper — Redirect Julie Harper James Sylivan Owens
31 lines

Julie Harper classified proposed examples of controlling conduct, qualifying her answers about car keys and financial support. She was then excused.

Highlights

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