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Sarah Boone— Case Archive
2024 Criminal Trialtrial-daytrial-dayWilliam R. JayJames Sylivan OwensTonia WernerdirectcrossredirectDay 9 - October 24, 2024The defense rested, and the State began rebuttal with psychiatrist Tonia Werner and recordings. Werner agreed Boone had battered spouse syndrome but disputed its applicability to Boone's account of the suitcase incident. A discovery violation led to a supervised deposition; the court declined to exclude Werner or dismiss the case.
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Day 9 - October 24, 2024

Defense Rests, Werner Testifies, and State Presents Recordings

Judge Michael Kraynick
21Proceedings
10Pages
1Witnesses
1,990Lines
15Sidebars
Day 9 of 10
Appearing:
William R. Jay James Sylivan Owens Tonia Werner

The defense rested, and the State began rebuttal with psychiatrist Tonia Werner and recordings. Werner agreed Boone had battered spouse syndrome but disputed its applicability to Boone's account of the suitcase incident. A discovery violation led to a supervised deposition; the court declined to exclude Werner or dismiss the case.

Full day summary

The court denied the defense's renewed motion for judgment of acquittal and admitted no contact orders as Defense Exhibits 19 and 20. Boone confirmed that her attorneys had not omitted any witnesses or evidence she wanted. The defense then rested, and the State called psychiatrist Tonia Werner in rebuttal. Werner initially said Boone had not provided enough information at the jail evaluation for a PTSD diagnosis, qualifying that additional information could change her opinion. She distinguished diagnosis from whether PTSD or battered spouse syndrome applied to Boone's account of the suitcase incident. A disclosure dispute interrupted her testimony. After a Richardson hearing, the court found an inadvertent but substantial State discovery violation affecting defense preparation and permitted a judge-supervised deposition to cure the prejudice. The court declined to exclude Werner and later denied the defense's motion to dismiss for alleged prosecutorial misconduct. Before the jury, Werner said Boone's reported laughter and enjoyment during the suitcase activity were inconsistent with feeling an imminent risk of harm. The court overruled the defense's objection that this opinion intruded on the jury's role. On cross-examination, Werner acknowledged unreviewed videos, recordings, photographs, and the actual autopsy report, as well as the absence of PTSD testing. She agreed Boone had battered spouse syndrome and described possible effects of repeated violence on perceptions of danger, while emphasizing individual differences. On redirect, she maintained her opinion about the syndrome's applicability to Boone's account of the incident. The State published police videos, 911 calls, and other recordings. Boone alleged violence, acknowledged previous lies to police, and described fighting back; Torres denied violence in one encounter and alleged Boone hit him. Other footage concerned enforcement of no contact orders, relationship arguments, and an unidentified speaker's proposal to accept blame and seek dismissal of a case. The court instructed jurors not to let edits removing irrelevant portions affect their consideration of Exhibit 22. Rebuttal remained unfinished, and the court scheduled a charge conference for the next morning.

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1. Renewed Motion for Judgment of Acquittal and Defense Rests

The court denied the renewed motion for judgment of acquittal, admitted the defense’s remaining exhibits, and heard the defense rest. The State began rebuttal by calling Dr. Tonia Werner.

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Procedural
Morning appearances and defense exhibit preparation
30 lines
Procedural
Renewed Defense Motion for Judgment of Acquittal: Denied
45 lines

The court denied the renewed acquittal motion and admitted the defense's remaining no contact orders without objection.

Procedural
Defense Rests and Prosecution Begins Rebuttal
18 lines

The defense rested after jurors reviewed Defense Exhibits 19 and 20, and the State began rebuttal.

Highlights

Defense Rests and Prosecution Begins Rebuttalprocedural actionThe defense rested, and the State confirmed that it would present a rebuttal case.

2. Tonia Werner — Direct (Part 1)

Tonia Werner discussed trauma, alcohol, and her evaluation of Boone. Her testimony about insufficient information to diagnose PTSD prompted a disclosure dispute, which remained unresolved after the court excused the jury and reviewed deposition testimony.

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Direct
Tonia Werner — Direct Tonia Werner William R. Jay
219 lines

Werner recounted Boone's account and said the jail evaluation lacked enough information for a PTSD diagnosis. A disclosure dispute interrupted her direct examination.

1 sidebar inside this proceeding
  1. Disclosure of Dr. Werner’s Expert OpinionsOwens raised concerns about notice of Dr. Werner’s PTSD opinion and an agreement for a follow-up deposition, while Jay denied that her opinion had changed.

Highlights

Tonia Werner — Direct“My opinion was that she did not give me enough information to diagnose her with post-traumatic stress disorder at the time that I evaluated her at the jail.”— Tonia WernerThis qualified diagnostic opinion prompted the defense's disclosure challenge.

3. Werner Expert-Opinion Proffer and Discovery-Violation Remedy

A discovery dispute over Dr. Tonia Werner’s battered spouse syndrome and PTSD opinions led to a Richardson hearing. The court allowed an immediate deposition in open court to cure the identified discovery prejudice.

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Procedural
Tonia Werner's BSS and PTSD Opinions: Proffer and Richardson Hearing William R. Jay
96 lines

The court found an inadvertent but substantial discovery violation concerning Dr. Werner's opinions. Owens chose cross-examination rather than striking her already-heard PTSD opinion.

Procedural
Ruling on Deposing Tonia Werner to Cure Discovery Prejudice
6 lines

The court permitted an immediate, judge-supervised deposition on the proffered opinions to cure discovery prejudice.

Highlights

Tonia Werner's BSS and PTSD Opinions: Proffer and Richardson HearingrulingThe court conducts a Richardson hearing and finds the State's discovery violation inadvertent but substantial, with some impact on the defense's ability to prepare for trial.Ruling on Deposing Tonia Werner to Cure Discovery PrejudicerulingThe court permitted an immediate deposition on the proffered opinions, supervised by the judge, and stated that questioning on the new opinions would cure the discovery prejudice.

4. Tonia Werner — Direct (Part 2)

Tonia Werner answered questions about previously undisclosed expert opinions in a judge-supervised deposition. The court declined to strike her testimony, ordered two detectives sequestered, and brought jurors back for the State’s rebuttal.

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Direct
Tonia Werner — Direct Tonia Werner James Sylivan Owens
141 lines

Owens challenged Werner's opinion disclosure during a court-supervised deposition. The judge declined to strike her, and questioning clarified her PTSD and battered spouse syndrome opinions.

Procedural
Ruling on Tonia Werner's Testimony; Witness Sequestration Order
36 lines

The court declined to strike the expert and enforced sequestration for two detectives the defense might seek to recall for surrebuttal.

5. Tonia Werner — Direct (Part 3)

Tonia Werner said Boone's account of enjoying the suitcase activity was inconsistent with imminent fear of harm. The court overruled Owens's objection, and Jay concluded direct examination.

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sidebar
Objection to Witness’s PTSD Opinion Answer
9 lines

Counsel disputed whether a witness’s answer about insufficient information to diagnose PTSD during a jail evaluation was responsive.

Procedural
Denial of motion to strike Werner’s answer
2 lines
Direct
Tonia Werner — Direct Tonia Werner William R. Jay
73 lines

Werner linked Boone's reported laughter during the suitcase activity to an absence of perceived imminent harm. The court overruled the defense's jury-role objection.

1 sidebar inside this proceeding
  1. Objection to Expert Opinion on Imminent ThreatCounsel disputed whether the psychiatrist’s testimony improperly addressed an imminent-threat issue reserved for the jury.

Highlights

Tonia Werner — Directtestimony highlightAfter an asked-and-answered objection was overruled, Werner said Boone's account of laughing and enjoying the suitcase activity was inconsistent with feeling an imminent risk of harm.

6. Tonia Werner — Cross (Part 4)

Tonia Werner’s cross-examination on Day 9 examines her diagnostic opinions and materials she had not reviewed. The court denies Owens’s misconduct-based dismissal request, while Werner qualifies her battered spouse syndrome testimony and explains why she reached no PTSD opinion.

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Cross
Tonia Werner — Cross Tonia Werner James Sylivan Owens
352 lines

Owens challenged Werner's opinion bases and disclosure. The court allowed broader cross-examination, denied dismissal, and maintained its imminent-harm ruling.

4 sidebars inside this proceeding
  1. Expert’s Reliance on Provided MaterialsCounsel disputed whether materials provided to the expert informed her opinions on the inapplicability of BSS and PTSD to the case.
  2. Expert Cross-Examination on Narcissism and Medical RecordsCounsel disputed questioning Dr. Werner about narcissism, text messages, and medical records beyond the opinions offered on direct examination.
  3. Deposition Use in Text Message QuestioningThe court addressed counsel’s use of a deposition passage when questioning the witness about text messages.
  4. Additional Expert Opinions and Closing Argument LimitsCounsel disputed whether cross-examination could explore additional expert opinions, including battered spouse syndrome, and whether closing argument could criticize the State’s limited direct examination.
Cross
Tonia Werner — Cross Tonia Werner James Sylivan Owens
399 lines

Owens challenged Werner's evaluation limits and opinion disclosure. Werner agreed Boone had battered spouse syndrome but lacked enough information for a PTSD opinion.

3 sidebars inside this proceeding
  1. Psychiatrists, Psychologists, and BiasCounsel disputed whether distinguishing between psychiatrists and psychologists concerned collateral impeachment or bias.
  2. Questioning About Disclosure of Witness OpinionsCounsel disputed questioning about when the witness disclosed her opinions and whether she had promised to notify counsel of changes.
  3. Proposed Impeachment Concerning Lenore WalkerOwens proposed impeaching the witness over her uncertainty about Lenore Walker and asking whether she recognized a battered spouse syndrome treatise as authoritative.

Highlights

Tonia Werner — Crosstestimony highlightAt the close of cross-examination, Werner reaffirmed that Boone had battered spouse syndrome and said it was possible that more time with Boone could have clarified whether she had PTSD.Tonia Werner — Cross“I agreed that she met the criteria for -- or that she had battered spouse syndrome.”— Tonia WernerWerner expressly reaffirmed her agreement that Boone had battered spouse syndrome.

7. Tonia Werner — Redirect (Part 5)

Tonia Werner’s redirect addressed battered spouse syndrome’s applicability to Boone’s account, limits in Werner’s assessment, and the relevance of intoxication to a reported history’s reliability.

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Redirect
Tonia Werner — Redirect Tonia Werner William R. Jay
96 lines

Werner reaffirmed her incident-related opinion despite diagnostic limits and distinguished battered spouse syndrome from justification. The court overruled three defense objections.

2 sidebars inside this proceeding
  1. Asked-and-Answered Objection to Further QuestioningOwens argued that questioning would repeat testimony about battered spouse and post-traumatic stress, while Jay said his question concerned information not addressed on direct.
  2. Objection to Alcohol-Related Credibility QuestionsOwens objected that redirect exceeded the scope of cross-examination, while Jay argued that intoxication was relevant to the credibility of histories related to photographs.

8. State's Rebuttal Exhibit Admission and Publication

The court admitted two State rebuttal exhibits without defense objection. After recess, recordings from Exhibit 22 were played, including Boone’s descriptions of alleged violence.

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Procedural
State’s rebuttal exhibit admission and publication
27 lines

The court admitted items P and V as State's Exhibits 21 and 22 without defense objection.

sidebar
Break Before Videos and Texts
8 lines

Mr. Jay requested a break before showing videos and reading texts, estimating the presentation would last until about 5:00 ahead of a juror’s 5:30 departure.

Procedural
State’s rebuttal exhibit publication (continued)
55 lines

The State played videos from Exhibit 22 containing allegations of violence and reluctance to press charges. Jay clarified that some videos were redacted.

sidebar
Edited Material and Instruction 2.2
10 lines

Counsel discussed the timing of instruction 2.2 after Jay described preexisting edits and additional redactions.

9. State's Rebuttal Audio and Video Publication

The State continued presenting rebuttal recordings of Sarah’s and Jorge’s accounts of violence, officers enforcing no-contact orders, and Sarah’s statements about lying to police and fighting back.

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Procedural
State’s rebuttal audio and video publication (continued)
229 lines

The State played recordings of prior police encounters, including contrasting violence allegations, no contact enforcement, and Sarah's statements about earlier reports and fighting back.

sidebar
Timing of Rebuttal Videos Before Adjournment
17 lines

Counsel discussed whether to play about an hour of rebuttal videos that afternoon or the next day, given a juror’s time constraint.

Highlights

State’s rebuttal audio and video publication (continued)evidence eventThe State plays a police video in which Sarah alleges assault, strangulation, and a threatened baseball-bat swing. Jorge denies hitting or choking her and says she hits him, but does not give a clear account of that day's injuries.State’s rebuttal audio and video publication (continued)evidence eventIn selected portions of another police video, Sarah says she previously lied to officers three times, says she is not lying now, and expresses fear that others will kill her.

10. State's Rebuttal Video Publication

The State continued playing rebuttal videos, and the court explained edits to earlier recordings. Day 9 ended with remaining rebuttal evidence and the next morning’s charge conference discussed.

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Procedural
State’s rebuttal video publication (continued)
122 lines

The State played eight rebuttal videos. The court gave an edited-recordings instruction and set the next morning's charge conference for 8:30.

Highlights

State’s rebuttal video publication (continued)evidence eventA recording captured a speaker proposing to tell a judge that an incident was his fault, defend his fiancee, and ask for the case to be dismissed.
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