8.State's Rebuttal Exhibit Admission and Publication
99 linesTHE COURT: State, can this witness be released?
THE COURT: Defense?
MR. OWENS: Just if we can get her phone number, we can reach out to her.
THE COURT: All right. Ma'am, you're released, potentially subject to re-call. Thank you.
TONIA WERNER: Thank you.
(Witness stepped down.)
THE COURT: State, you can call your next witness.
MR. OWENS: Is this a videotape or an audiotape?
THE COURT: Any objection to what was premarked as P?
Counselor --
MR. OWENS: I'm sorry?
THE COURT: -- any objection to what was premarked as P?
MR. OWENS: Permission to publish?
THE COURT: No. He's offering it into evidence. Any objection?
MR. OWENS: No objection.
THE COURT: All right. What was premarked as P will be received into evidence without objection as State's 21.
(State's Exhibit No. 21 was received in evidence.)
THE COURT: Any objections?
MR. OWENS: No objection.
THE COURT: What was premarked as V will be received into evidence without objection as State's 22.
(State's Exhibit No. 22 was received in evidence.)
THE COURT: Yes.
(At the bench.)
THE COURT: Yes, Mr. Jay?
MR. JAY: Based on my estimation from the portions of the videos that I want to show and an estimation of how long I expect on reading some of the texts, it should take us to about 5:00. And I understand one of the jurors has to leave at 5:30.
THE COURT: Correct.
THE COURT: Sure. I'm fine with that. We'll make it short. We'll make it 3:05.
THE COURT: Okay. Thank you.
(In open court.)
THE COURT: Members of the jury, it is 2:52 in the afternoon. The next part of the State's presentation are going to be some videos and other things that will be read to you that may take a little bit of time based on the length of them, so we're going to go ahead and take our afternoon break at this point in time.
Similar instruction I've given to you-all the last couple of days. Please do not conduct any independent investigation or research as to the person, places, things, or charge involved and do not have any discussions with anyone or amongst yourselves about those things. And we'll bring you in five after. Thank you.
COURT STAFF: Jury exiting.
(Jury exits.)
THE COURT: State, anything we need to talk about?
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. We'll be in recess until five after. Thank you.
(Brief recess from 2:53 p.m. to 3:05 p.m.)
THE COURT: All right. We're back on the record. Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
State?
MR. CACCIATORE: Dave Cacciatore for the State.
THE COURT: Defense?
MR. OWENS: James Owens for Ms. Boone.
THE COURT: Ms. Boone is seated at counsels' table wearing the same clothing from this morning. It's 3:05.
Are we ready to bring back in our jury, Mr. Jay?
THE COURT: Defense?
MR. OWENS: Yes.
THE COURT: All right. Let's go ahead and stand and bring back in our panel.
COURT STAFF: Jury entering.
(Jury enters.)
THE COURT: State, do you recognize our jury?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes.
THE COURT: Thank you. You-all can be seated.
Members of the jury, again, did you comply with the Court's instructions during our break?
The record will reflect all hands have been raised. Thank you very much.
State, you may proceed with the balance of your evidence presentation.
MR. JAY: Thank you.
Permission to publish what has been entered into evidence as 22, previously V, as in Victor, for identification?
THE COURT: You may proceed.
MR. JAY: This Exhibit 22 has five folders on it. It is a DVD. Going into the first folder, OCSO18-067501.
THE COURT: Counselor, are these audio or video files?
THE COURT: Okay. Let's go ahead and dim the lights, please. Thank you.
THE COURT: You may proceed, sir.
(Video played.)
AUDIO RECORDING: (Unintelligible) and he turned a whole bunch of shit (unintelligible).
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) saying that, but, like, oh, man, he let loose on my ass tonight and I do not -- I am not having it.
Okay.
I got kicked in the face.
Okay.
Kicked in the face.
That you know of, there's no guns?
No (unintelligible) no.
I just have to double-check.
I know. You guys are doing your job.
All right. Stay right here.
Yeah, go get him. But I swear to God, they do nothing til you guys (unintelligible).
What's his name?
Jorge.
Jorge? All right.
There's nothing (unintelligible). I swear to God, I'm done with (unintelligible). I'm -- he beat the fuck out of me (unintelligible) and I'm done with it.
(Unintelligible.)
AUDIO RECORDING: I have to go to work tomorrow.
What's up, Jorge?
(Unintelligible.)
AUDIO RECORDING: (Unintelligible) talk to you inside.
(Video stopped.)
THE COURT: Are the videos in State's 22 redacted videos?
THE COURT: Okay.
(Video played.)
AUDIO RECORDING: You see my eye?
I do see your eye.
He kicked me in the fucking face.
Okay. Tell me, how long (unintelligible) from beginning to --
Yes, my love.
Okay.
Okay. So we were having a really good day and we went across the street to Muldoon's and everything was good and fun and dandy and the guy -- talked to another guy and then he left. Came in there and got so mad, so mad, so mad, so mad, so mad, so mad because I asked for a cigarette from another (unintelligible) because he took my license, my debit card, and everything. Took my (unintelligible). Took everything.
Okay.
So I asked someone for a cigarette.
Uh-huh.
And it happened to be a guy. So he walked in and got super pissed because I asked for a cigarette from another guy. I came home. Mind you, my car is across the street still.
Okay.
I have work tomorrow.
So you get home. You go inside.
I get home and let loose. Uh-uh.
Okay. Elaborate. So you open the door. What happened from there?
I'm a whore.
He started calling you names?
Uh-huh.
Okay.
Uh-huh. When I say rag doll, do you know what that is?
I know what a rag doll is.
Oh, man. I was rag-dolled.
Okay. But I need --
(Unintelligible) in the face.
Okay. I need you to elaborate. Like, you walk into the house. Did you start arguing? He started calling you names. You said he was --
No. I -- I walked out -- I walked in and I walked to the back. I just wanted to smoke a cigarette and just go to sleep. I literally -- I'm (unintelligible), I'm going to go to sleep.
Okay. And then as you're making your way to the back, what happened?
I got caught in the stairwell.
You got caught on the stairwell. So he caught you on the stairwell, and what -- did he get in front of you, started punching you, telling you anything? What happened?
Um. Um. It was bad.
Okay. Elaborate, Ms. Sarah. I need you to tell me exactly what happened so I can help you.
My heart is like, I don't want him to get in trouble, but fuck, I'm tired of being beaten up.
Okay. I understand. I'm trying to help you out.
I know you are.
I need you to elaborate a little bit.
I swear to God --
(Unintelligible) stairwell?
Dragged me down the stairs. Then I went upstairs and tried to get into bed. I just want to go to sleep. IT just want to go to sleep. I just want to go to sleep. I didn't (unintelligible) the bed. (Unintelligible) the bed. He caught me in the upstairs --
Like, in the hallway?
Beaten the fuck up. That's all I can Say.
Okay. What do you mean? Like, I see your eye.
Yes. That's what -- that's what (unintelligible).
Were you on the floor when he kicked you?
Yes, ma'am.
Okay. How did you get to the floor? Did he push you? Did he pull you? How?
Normally what I do is, because he does it so often, I just go to the floor. I just go to the floor. So I'm pretty sure -- I don't really recollect. I went to the ground. I went to the ground.
Okay. And then --
I'm so sorry.
No, no. That's fine. I don't mind. So you went down to the ground?
Yes, and I do --
Did he -- did he kick you (unintelligible)? Do you recall which foot?
Right.
Right foot? Okay.
Heel.
His heel? Okay. And you say you've been --
I'm a whore because I asked for a cigarette because he left my ass and my car across the street.
Okay. And you said you've been together for about a year?
And a half.
A year and a half? Okay.
Yes.
You live together, obviously?
Yes.
Okay.
I just recently went through a divorce. He's been there with me, knows all the story. Blah, blah, blah, but (unintelligible).
I know. I know. I'm just trying to --
This sucks and I have to go to work tomorrow.
Do you want the fire department to come check your eye?
No, baby.
No? Okay. Okay. Do you want to press charges? You can smoke a cigarette if you want.
Can I talk to you, though?
You're talking to me by myself.
I don't want to speak (unintelligible) the police.
So you don't want to press charges?
No.
Okay. Do you want to fill out any paperwork, do a statement? No? Okay. Smoke your cigarette. Sit down and smoke your cigarette.
I don't want him to get in trouble, but it's fucked up.
I know.
You guys (unintelligible) look at this shit. (Unintelligible) my shit all the time.
Did this happen today?
Yes.
Okay. All right. Yeah, I see it (unintelligible) a little bit.
I just got this yesterday.
Okay. Sit down. Smoke your cigarette. Do your thing.
Sorry.
No, no. It's fine. Do you have an ID with you? Is it in the house?
Yes.
Okay. We'll go find it. I know my number, if you want it.
All right. Perfect. Go for it.
B500-791-77-870, dash, 0.
870?
Dash zero.
Zero. Okay. First name is spelled S-a-r-a-h. Do you have a middle name?
Kathryn, K-a-t-h-r-y-n.
K-a-t-h?
R-y-n.
R-y-n. What's your last name?
Boone, B-o-o-n-e.
Your date of birth?
10/10/77. (Unintelligible.)
I hear you. Make sure not to say that anymore. You got a telephone number?
407.
407?
716.
716?
8684.
8684? E-mail address?
S-k-p.
S-k-p?
Underscore.
Underscore?
1800.
1800?
@yahoo.com.
@yahoo.com.
Sorry.
No. (Unintelligible.) You're okay.
(Unintelligible) this shit.
I get it. Sit down. Smoke your cigarette. Try to relax a little bit. I'm gonna take pictures of you in a little bit, all right?
Thank you.
No problem.
(Video stopped.)
THE COURT: Can the parties approach just for a moment?
(At the bench.)
THE COURT: That one was edited, correct?
MR. JAY: Yes. I mean, not by either of us. When I found it in case management, it was done that way.
THE COURT: Do I need to read the 2.2 instruction?
MR. OWENS: I would say so.
THE COURT: Yeah? Okay.
THE COURT: You want me to do it at the end?
THE COURT: That's fine. Okay. Thank you. I appreciate it.