5.Junella Uadan — Direct (Recall)
113 linesMR. OWENS: But we're going to have a gap here, so early lunch or long lunch.
THE COURT: Well, if you're saying that your presentation with Ms. Uadan is 15 minutes, I don't know what the cross is going to be, it may be de minimis or you may be saving her for rebuttal, I don't know.
Mr. Jay or Mr. Cacciatore?
THE COURT: As it relates to Ms. Uadan, the CSI tech.
THE COURT: You're not calling her?
MR. JAY: She already laid the predicate during her trial testimony during our case in chief for the exhibit I'm going to put in in rebuttal.
THE COURT: Okay. Awesome.
So what we can do is we can proceed with Ms. Uadan and we can just take an early lunch and ask them to be back here maybe 12:50. So that way, if we have any issues, we can address them before we start at 1:00.
Ms. Boone, you were sworn this morning. I've just got a couple of things to go over with you.
There was a list of witnesses that was provided to the Court last night and again this morning as potential witnesses that may be called in your defense. One of those witnesses was Maria Gallipoli. Your lawyers have advised that they may not be calling that person as a witness in this case. Do you understand that?
SARAH BOONE: I do.
THE COURT: And, again, similar to other conversations we've had, I don't want to go into any specifics of any conversations that you've had with any of your lawyers, just whether or not you've had them. Have you had conversations with your lawyers about calling Ms. Gallipoli as a witness?
SARAH BOONE: Yes.
THE COURT: Have you had conversations with your attorneys about why they are deciding not to call her as a witness?
SARAH BOONE: Yes.
THE COURT: And similar to what we discussed yesterday, do you understand that your attorneys make trial strategy decisions, including what witnesses to call or not to call?
SARAH BOONE: Yes.
THE COURT: Okay. Are you still satisfied with their representation of you in this matter?
SARAH BOONE: Yes.
THE COURT: And are you still on board with the strategy that has been employed in your defense?
SARAH BOONE: Yes.
THE COURT: Are you in agreement with the strategy not to call Ms. Gallipoli as a witness in this case?
SARAH BOONE: I am.
THE COURT: All right. Thank you very much, ma'am.
Then let's go ahead and bring our jury back in and we can call Ms. Uadan and go from there.
MR. OWENS: Mr. Lane, can you excuse Ms. Gallipoli?
THE COURT: All right. Thank you very much.
Let's go ahead and stand and bring back in our panel.
COURT STAFF: Jury entering.
(Jury entered.)
THE COURT: State, do you recognize our jury?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes, sir.
THE COURT: All right. Thank you. You-all can be seated.
Members of the jury, once seated, again, if you can confirm that you've complied with the Court's instructions during our break by raising your hands.
Record will reflect all hands have been raised.
Defense, you may call your next witness.
MR. OWENS: Judge, we would call the forensic phone extraction officer with the Orange County Sheriff's Department, Officer Uadan, to the stand.
THE COURT: Thank you. We'll bring her in.
JUNELLA UADAN
being called as a witness, and having first been duly sworn,
testified as follows:
JUNELLA UADAN: I do.
COURT CLERK: Thank you.
THE COURT: Good morning, ma'am. Could you state and spell your name for the record for us?
JUNELLA UADAN: First name is Junella, J-u-n-e-l-l-a, last name, Uadan, U-a-d, as in delta, a-n.
THE COURT: Counselor, you may inquire.
DIRECT EXAMINATION
BY MR. OWENS:
MR. OWENS: Ms. Uadan, again, your official title?
JUNELLA UADAN: Digital forensics examiner.
MR. OWENS: And are you referred to as a detective or what is your --
JUNELLA UADAN: Just an examiner.
MR. OWENS: Okay. Ma'tam --
MR. OWENS: Judge, can I approach the bench -- or approach the witness?
THE COURT: Yes, of course.
BY MR. OWENS:
MR. OWENS: Matam, I'm going to show you what has been marked as, for identification, Defense Exhibit AA, and do you recognize that video -- or that CD of a video?
JUNELLA UADAN: Yes.
MR. OWENS: I think we kind of prepped you on it ahead of time. That was extracted from the Sarah Boone phone that you were asked to extract?
JUNELLA UADAN: Yes. One of the media files, yes.
MR. OWENS: Okay. And is that video a fair and accurate depiction of one of the videos that was extracted from Sarah Boone's phone?
JUNELLA UADAN: Yes.
MR. OWENS: And then Identification Z, defense identification, Same type question. You've had a chance to review that video, and is that one of the videos that was extracted from the Sarah Boone phone?
JUNELLA UADAN: Yes.
MR. OWENS: Judge, at this time, I'd like to have these introduced into evidence.
THE COURT: Any objections?
THE COURT: All right. What was premarked as AA will be received into evidence without objection as Defendant's 17. What was premarked as Z will be received into evidence without objection as Defendant's 18.
(Defendant's Exhibit Nos. 17 - 18 were received in evidence.)
MR. OWENS: Judge, we're going to play Exhibit 17 first.
THE COURT: You may proceed.
MR. OWENS: And is there a volume? Judge, do you have control of the volume?
THE COURT: The volume is on.
(Defendant's Exhibit No. 17 was published to the jury, and due to the inaudibles and inability to distinguish between speakers, and/or the speed of the conversation and cross-talk, the following transcription of the audio by this court reporter should not be considered a verbatim record of said audio and/or videotape.)
AUDIO RECORDING: You're gonna help me take this shit out. Real shit. You're gonna help me take it out. You're gonna help me take this shit out. (Unintelligible.)
(Video stopped.)
MR. OWENS: Judge, I'm asking to publish Exhibit 18.
THE COURT: You may proceed.
(Defendant's Exhibit No. 18 published.)
MR. OWENS: We spoke about an early lunch.
THE COURT: Say again, sir.
MR. OWENS: We spoke about an early lunch.
THE COURT: Yes, understood.
THE COURT: All right. Thank you very much.
This witness can be released, correct?
MR. OWENS: Yes.
THE COURT: State?
THE COURT: Thank you.
(Witness excused.)
THE COURT: All right. Can the parties approach momentarily, please?
(At the bench.)
THE COURT: Go ahead and proceed with the lunch break at this point in time as we discussed?
MR. OWENS: (Nods head.)
THE COURT: All right. Thank you very much.
(In open court.)
THE COURT: Members of our jury, at this point in time, it's 11:08. I know it's a little bit early, but due to the pacing and how quickly we've been moving through the evidence this morning and how the defense has teed up their witnesses for this afternoon, we do not have anyone until 1:00. So at this time, we're going to go ahead and take our lunch break at this time.
I'm going to give you a similar instruction that I've given you over the last couple of days. 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 ask you to return here to 12-Alpha at 12:50, and we'll pick up shortly thereafter. Thank you so much for your service.
COURT STAFF: Jury exiting.
(Jury exits.)
THE COURT: You-all may be seated. Thank you.
State, anything we need to address?
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. We'll see you-all at 12:50. Thank you very much. Court is in recess.
(Court recessed for lunch at 11:11 a.m.)
(The following proceedings were resumed at 12:57 p.m., stenographically reported by June Bufford.)
THE COURT: You-all can be seated. Thank you.
All right. We're back on the record. Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
Let me get appearances for the State.
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
MR. OWENS: James Owens for Sarah Boone.
MR. HENDERSON: Tony Henderson, Sarah Boone.
THE COURT: Ms. Boone is seated at counsel's table wearing the same dark gray suit and maroon blouse from this morning. She is in custody, however, there are no restraints as she will be standing as with the rest of us when our jury enters and exits.
It's 12:57. State, anything we need to address?
MR. CACCIATORE: No, sir.
THE COURT: Defense?
MR. OWENS: Judge, I've got something. Can we approach the bench?
THE COURT: Yes.