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Sarah Boone Takes the Stand in Hearing Ahead of Suitcase Murder Trial — Transcript

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0:12good afternoon ma'am could you state
0:13your full name for the record and spell
0:15it for us yes it's Chelsea csle c h e l
0:20s e y last name is k o e p s e l thank
0:26you councelor your main Corp thank you
0:27where do you work ma'am the orange Comm
0:30office and what do you do for Sheriff
0:32Mina I am a homicide detective how long
0:34have you been a homicide detective um
0:37over six years and what's your total
0:39experience with the Orange County
0:40Sheriff's Office in terms of years uh I
0:43am going on 12 years any prior law
0:45enforcement experience prior to joining
0:46the Sheriff's
0:48Office and in the homicide unit how is
0:51it that you get notified that you shall
0:53be the lead investigator on a
0:55Case uh
0:57so for this case specifically my team
1:01was on call that week for homicides and
1:05so dep on the scene notify the com
1:08Center to notify the on call
1:11homicide all right and is it fair to say
1:13that you guys have three teams of four
1:16yes and each of the third weeks you will
1:18be on call yes and then through some
1:22other random distribution it's
1:23determined who of the four will be the
1:25lead correct and it was your turn to
1:27investigate the death of Jorge Torres
1:30yes and you were notified of this on
1:32February 24th of 2020 in the afternoon
1:36yes about what time were you
1:41[Music]
1:44notified I I would have to look at the
1:47cad sheet toall directly but I would
1:49assume within 30 minutes to an hour of
1:52deputies being on scene all right and do
1:55you go to the scene first or do you do
1:57anything else
2:00um for this particular incident I got my
2:01partner detective SC Owen and we headed
2:04out to the scene all right and when you
2:06got to the scene what did you do I met
2:09with um the deputies there and they kind
2:12of just briefed me on what was going on
2:15and what they responded to did you do a
2:17walk through of the scene I did yes and
2:20then was a search warrant drafted for
2:22the residents and later executed correct
2:25did you have any contact with somebody
2:27identified to you as Sarah boon on the
2:30scene yes do you see Sarah Boon in the
2:32courtroom today I do can you point out
2:34where she is and what she's wearing um
2:37she's over here on my left and she's
2:39wearing blue May the record reflect
2:41she's identified the defendant record so
2:42reflect when did you first have contact
2:44with
2:45her um if I'm not mistaken she was
2:49outside of the apartment when I got
2:51there um so once I spoke with deputies I
2:55then went and introduced myself to her
2:57all right and did you ask her any
2:58questions at this time as you guys are
3:00standing outside of the residence not
3:02like detailed questions about like what
3:04happened because I already was told by
3:08um deputies what she had told them um so
3:10it's more just to like introduce myself
3:12and to let her know you know we're doing
3:14a search warrant and the procedures of
3:17how um we do things and when you respond
3:21to a scene uh do you respond in plain
3:23cloth uh I do yeah like business
3:26professional like what you're wearing
3:28yes and when you made contact with her
3:31outside of her residence for this first
3:33Contact um were you alone or was your
3:35partner Scott loan with you um I believe
3:38Scott was with me and was he also
3:40similarly dressed in business casual yes
3:43all right and so how long was this
3:44initial interaction with Miss boon not
3:47long um maybe a couple minutes to a few
3:51minutes okay and this was out on the
3:54sidewalk in front of uh her home um yes
3:58if I'm not mistaken she was at a
4:00neighbor's um residence like sitting out
4:04on their like front porch area do you
4:07call what you asked her in this initial
4:08contact do I recall what you asked
4:13her
4:14no okay so it was just a couple of
4:17minutes that you were there with her
4:20yeah okay and then what do you do after
4:23your first contact with
4:25her um so once I did my walkth through
4:29we decided to go with a search warrant
4:31for the scene um so that was written by
4:35somebody else and then once that was
4:38executed um we went in there further
4:41with uh csis and then
4:45um we talked to um Brian Boon which was
4:50the ex-husband and
4:52then
4:54um I believe then SATs there and into
4:57the into our unmarked vehicle and had a
4:59conversation with her was that
5:01conversation in the unmarked vehicle
5:03recorded yes audio recorded and can you
5:05describe this unmarked vehicle for the
5:07court um at the time I was in a unmarked
5:10Pathfinder so it was like gray in color
5:12didn't look like it didn't say like law
5:14enforcement or police or on the exterior
5:17um and there were lights like in light
5:20inside where did everybody sit in this
5:22Pathfinder I sat in the driver's seat
5:24Sarah sat in the front passenger seat
5:27and detective Scott loen sat in the back
5:28seat did you have any conversation with
5:32her about the facts of the case or your
5:34investigation that wasn't recorded
5:36inside the car
5:39no and that was all recorded and turned
5:42uh over to the state attorney's office
5:45yes and you announced the date and time
5:48of the start of this interview at on
5:50that recording did you
5:51not okay is it fair to say uh that it
5:54had been about 3 or 4 hours since the
5:57initial call out for 911
6:01yeah I would say yeah because I believe
6:03we started interviewing her right before
6:065:00 p.m. and is there any particular
6:08reason for executing the search warrant
6:10and speaking to another witness or
6:12Witnesses prior to interviewing Miss
6:15Boon um just based off
6:18the the situation and what was happening
6:22okay is it in any way unusual uh to
6:25gather evidence before talking to the
6:27last person to see a deed in alive no
6:30it's not
6:32okay um at some point during this day
6:35which was February 24th of 2020 uh was
6:38her cellular phone device collected it
6:40was and when was that that same day I
6:43mean when TimeWise and in relation to
6:46talking to her oh um well I noticed the
6:49phone was in the kitchen area um but I
6:53didn't touch anything until CSI um
6:56documented everything photographs and um
7:00um so I don't think I really touched it
7:04until after I had talked to her about
7:06going through
7:07it all right and ultimately uh was she
7:11placed under arrest on February 24th
7:132020 no after she got out of her car was
7:17U she free to remain on the scene or
7:19free to
7:20leave not go back in her house
7:22but prior to that had she been detained
7:25and requested not to leave the
7:27scene one more time prior to your
7:29interview with her in the car uh had she
7:31been asked or ordered to stay on the
7:36scene not by me okay
7:40um February 25th was there a second
7:43interview uh conducted with you and
7:45detective loen with Miss Boon yes prior
7:49to this interview had her phone been
7:51extracted by any member of the digital
7:52forensics team at the Sheriff's
7:54Office yes it had all right and had you
7:57reviewed some of the evidence on there
8:01yes you had uh requested that Miss Boon
8:05come down to the Sheriff's Office rather
8:07than you returning to the scene yes can
8:10you explain that um it's more of a
8:13controlled setting for law enforcement
8:15um we were able to audio and video
8:18record at the Sheriff's Office and
8:23um she had mentioned that she might not
8:25be staying at her apartment and so I
8:30didn't want to go to the ex-husband's
8:32residence where her potentially child
8:34was so I just felt it was a more
8:35controlled setting at the Sheriff's
8:37Office all right and when Miss Boon
8:39arrives at the sheriff's office um who
8:42goes down to greet her and
8:45where it was not
8:47me um but she would have gone in through
8:51um we have two
8:53entryways um so either on the record
8:55side or um on the opposite side um
9:00and she would had to go up to a window
9:01and request that she was there to meet
9:03with me they would call me I would tell
9:06them yes sign her in um and then if I'm
9:09not mistaken I believe Scott uh
9:12detective loen went down and got
9:14her all right so you're describing two
9:16separate entrances that members of the
9:18public can come and go through yes as
9:21opposed to separate entrances that might
9:23be on the back of your building where
9:24people are not free to come in and out
9:26of without a swipe card yeah doesn't
9:29have access all right now in
9:32relationship to those two entrances
9:33which are assume are on the first floor
9:35of the building is that a safe
9:36assumption yes where are the c or the
9:40investigation division's interview rooms
9:42they are located upstairs all right and
9:46um is she allowed to just walk up to the
9:49second floor interview room or does she
9:51have to be with an employee of the
9:52sheriff's office she would have to be
9:54with an employee of the Sheriff's Office
9:55and your testimony is it wasn't you no I
9:58don't believe so no
10:00now tell us about these interview
10:05rooms we
10:07have four interview rooms that are audio
10:09and video recorded okay
10:12and they have you said their video
10:15recorded was the interview with Miss
10:18Boon video recorded by the sheriff's
10:20office equipment yes was there any
10:22conversation about the case or the
10:24investigation with her that did not
10:26occur inside that room with the
10:28recording going no okay I going go the
10:32questions of this witness thank you any
10:35cross-examination
10:39yes detective I'm James Owens I met you
10:42outside just just a few minutes ago and
10:44you know I represent Sarah
10:47Bo detective have have you had a chance
10:50to review any paperwork related to this
10:53case prior of this
10:54hearing I have looked at my investig
10:59rep and I have looked at some policies
11:03but they were from current have you had
11:07a chance
11:08to view uh Deputy Kayla Rodriguez body
11:12cam video prior to today I've seen it I
11:15have not seen it recently have you had a
11:18chance to review and listen to the audio
11:21interrogation that was in the unmarked
11:24vehicle that you did of Sarah Boon on
11:26the day in question yes I have a review
11:29that and if you had a chance to review
11:31the approximate 2hour uh interrogation
11:34video at the Orange County sherance
11:35department yes
11:40okay would it be fair to say that prior
11:44to you asking Sarah Boon to enter this
11:48unmarked vehicle for this
11:51interrogation with Detective loen that
11:55you did a preliminary
11:57investigation as to whether whether or
11:59not U this was potentially a
12:03homicide
12:05yes and you would have viewed the scene
12:09inside the apartment yes and you would
12:13have spoken to Deputy Rodriguez
12:17about what she knew about the situation
12:20yes and you would speak to Deputy
12:22Rodriguez about what Sarah Boon had said
12:26had happened correct and did you talk to
12:29any other people there about the
12:33situation prior to speaking with Sarah
12:35Boon about the facts in this case uh
12:38just Brian Boone okay and was that
12:40conversation recorded with Brian Boone
12:43yes and would that have been in your
12:45squad
12:45[Music]
12:47car potentially I didn't listen to that
12:50interview I don't know if we interviewed
12:52him outside or in my car was he
12:55mirandized no okay so although he was at
12:58the scene when y'all showed up he was
13:00not considered a suspect or Person of
13:03Interest no at some point did you
13:06determine that Sarah Boon was a suspect
13:09or Person of Interest at some point yes
13:13tell tell us when that happened
13:16um the next day okay so at the time of
13:21this event your initial appearance there
13:23at the uh at the scene which I
13:25understand you you must have stayed four
13:26or five hours probably okay
13:30at that point at no time did y all
13:32consider Sarah Boon a
13:34suspect well that's difficult to the way
13:36you're asking but she was the only one
13:39there she's claiming that no one else
13:41was there so what I was being told um
13:45would mean that she was the only person
13:47of interest in that
13:49situation but due
13:51to um not having uh the autopsy results
13:56we just interviewed her initially got
13:58her initial statement and then pending
14:01once the autopsy was completed the next
14:03morning was when um I already knew I was
14:06going to meet with her again to discuss
14:08the autopsy results so then um we had
14:12another interview with her where she was
14:15mandis and she went to jail later that
14:18evening while you were there on scene I
14:21know at some point you saw her phone on
14:24the kitchen counter I did all right or
14:27on the microwave it was somewhere in kit
14:29all right and at some point you went to
14:31Sarah Boon and you asked her for the
14:33password to open the phone we asked um
14:37to go through her phone did you did you
14:40ask Sarah Boon can I have the password
14:43so I can go through your phone yes after
14:46she signed the consent form okay so not
14:48before you didn't ask her before you
14:51asked her to sign the consent form Sarah
14:54give me the password to your phone not
14:56that I recall but why would I would
14:58normally have her sign the consent form
15:01first for her consenting to go into the
15:04phone and then gather the passcode or
15:06whatever it is well how would that have
15:07even come about then I mean how would
15:09you have approached her about signing
15:11the waiver to consent to search in the
15:14phone she called 911 so I told her that
15:18we needed to corroborate her story as to
15:21what occurred okay and so to do that um
15:25I wanted to go through her phone all
15:27right do you know about what time
15:29she signed the consent no I don't think
15:33it requires a Time on there but it was
15:36when we were on the scene initially was
15:38it prior to her interrogation in the
15:40unmarked vehicle
15:42yes and after uh she signed the consent
15:46did your your testimony is you you asked
15:49her for a password and she gave you her
15:51password after signing the consent to
15:53search the phone yes I didn't touch the
15:55phone until my digital came all right uh
15:59you're talking about the digital
16:02investigator and they have the ability
16:04to open up the phone and search the
16:06phone with or without a password
16:10yes but y'all utilize the password that
16:13Sarah had given had you not I believe so
16:16okay and do you know how long it took
16:18for the digital investigator to show up
16:20after you arrived oh yeah she didn't
16:23come till later um I believe around 7
16:27p.m. okay when in the C she she arrived
16:31and you know there were two two videos
16:33on Sarah's phone after I spoke to Sarah
16:38I'm sorry after I spoke to Sarah all
16:42right so what I what I'm gathering from
16:44what you just said
16:46is um at some
16:49point you asked or directed Sarah Boon
16:53into your unmarked vehicle where you
16:55interrogated her is that correct where
16:58we completed inter yes sir and your
17:00testimony is that you did not view the
17:04videos that were found on her phone and
17:06I'm referring to the two-minute video of
17:08George in the
17:09suitcase and then some time went by and
17:12I think there was about a 22 second uh
17:14video of George in the suitcase that
17:16Sarah took of him in the suitcase your
17:19testimony is prior to you putting her in
17:22your unmarked vehicle that you did not
17:24you were not aware of those two videos
17:26that is correct sir I did not go through
17:28her phone until digital forensics came
17:31out and then went into her phone and
17:33then she brought me over to her van to
17:35tell me about the videos and what she
17:37found all right so your testimony is at
17:39the time that uh Sarah Ben was
17:41interviewed in your
17:43vehicle that the forensic phone
17:47investigator had not arrived correct
17:51okay did you tell Sarah I know we saw
17:55the audio once you get in the car but
17:57did you talk to s
17:59Sarah before y'all got in the vehicle of
18:03course and did you tell Sarah that y'all
18:07wanted to talk to her and this was
18:10routine
18:11protocol yeah that I wanted to have a
18:13conversation with her and once the once
18:17I had walked through the house and saw
18:19what I was working with we would have
18:21that conversation did you tell
18:23her that interviewing her in the squad
18:26car was routine protocol to your
18:30investigation I don't recall if I
18:32specifically said that sir this was 2020
18:35okay if she recalled that would you
18:38dispute it improper question
18:41sustained your your testimony is you
18:43don't remember saying that I don't
18:46remember specifically saying what one
18:48more time what is it that she claim that
18:49I said routine
18:52protocol I would not interview her not
18:55in my unmarked car so my routine call
18:59sure I would do that I would interview
19:01her in a spot where no one can hear us
19:03and you would explain to her why you
19:05were doing that wouldn't you would I
19:07explain to her why we were sitting in my
19:08car standing yes no well you would have
19:13to tell her something I said yes we're
19:16going to go have a conversation in my
19:17car now okay and did she have any
19:20questions that you recall about what
19:22what's this about and you could have
19:24potentially explained to her that this
19:26is routine it was all explained on the
19:28audio recording okay but you you agree
19:31you had a conversation with her before
19:33you got into the car with her yes I
19:36definitely directed her to get into the
19:37front passenger seat when we were going
19:39to talk in the vehicle yes okay you and
19:42you don't recall whether or not you said
19:44this is routine protocol to come into
19:46the car and talk to me those words
19:48specifically no but I would talked to
19:51her in the vehicle regardless I would
19:53not have talked to her outside of my
19:55vehicle now once inside the squad carore
19:58you were with the other detective
19:59detective loen okay and you read her the
20:03Miranda rights card correct yes from my
20:07card yes do you do you agree that you
20:09didn't you didn't ask her the last
20:13question number nine objection
20:15relevance
20:18response judge we're here on a hearing
20:20on on the issue about the
20:24interrogation but the case law that you
20:26provided to me none of it stands for the
20:29proposition Miranda identifies the four
20:31things that need to be addressed not one
20:34of the case not one of the cases talks
20:36about that issue of reading that
20:38language at the bottom of the card that
20:40is in the motion upon information and
20:42belief this is what it says so how's it
20:44relevant for the purposes of today well
20:46it's it's relevant because this is the
20:48policy of her department but judge what
20:52is the policy H but now we're getting
20:54away from the card to now the policy
20:55there's nothing about the policy right
20:57now the question is about what the card
20:58says
20:59okay the card is the policy and the
21:01policy is the policy they're intertwined
21:04uh they refer to each other
21:08um our
21:10argument is that she did not wave her
21:13rights silent that's a different issue
21:16than what is on the card I understand
21:19but it's a coercive question about her
21:22not doing that which was the policy of
21:24her Sheriff's Department she elected not
21:26to do that she wanted a statement from
21:29Sarah Boon at the scene she wanted a
21:31statement from Sarah Boon at the
21:33sheriff's department she elected not to
21:36answer a question that the policy says
21:38read verbatim from the card why did she
21:42not want it our position is it was an
21:44attempt by this detective to core Sarah
21:48Boon into
21:51talking on February 24th or on February
21:5425th on February 25th this this
21:57interrogation ties into that
21:59one she used the same routine protocol
22:04that she used for the second one the
22:06first one she claims that my client
22:08wasn't a suspect wasn't a person of
22:10interest at the sheriff's department I'm
22:13sure I haven't talked to her about it
22:14yet but I'm sure she's going to say yes
22:16she was a suspect yes she was a person
22:18of interest yes we had probable calls to
22:20arrest her prior to her giving a
22:22statement but what she said in terms of
22:25routine protocol the day before was what
22:29Sarah was relying on when she said
22:32routine protocol when she questioned the
22:34detective about routine protocol the
22:35very next day in the interrogation room
22:38and for her not to give that question
22:40goes to the totality of the
22:42circumstances as to whether or not my
22:46client Sarah Boon actually waved her
22:48right to remain silent if she understood
22:50her rights and then she consciously and
22:53freely waved her rights she was not
22:55asked that question she was not asked
22:57that question in the car she was not
22:59asked that question but that totality of
23:01the circumstances comes into play for
23:04the court to consider this court or an
23:05appellant Court to consider as to
23:07whether or not that statement should be
23:09suppressed any other response judge just
23:13like it's irrelevant what the Sheriff's
23:15Office policy is compared to what the
23:17Florida case law says about our right to
23:19not be compelled to give statements
23:21under our constitution in the State of
23:23Florida or the United States and federal
23:25case law and the state case law
23:26interpreting the United States consti
23:28ution the policy is irrelevant and the
23:32officer's subjective intent is
23:34completely irrelevant in aemotion to
23:35suppress just like it would be in a
23:38traffic stop under Ren versus United
23:39States what matters is objectively what
23:43was spoken to the defendant and I would
23:46ask that we honor the local
23:48administrative order and call people by
23:50their surnames and not their first names
23:53um what
23:55matters is that the defendant was read
23:59what the case law requires anything
24:01about the policy anything about the
24:03officer's subjective intent is
24:04completely outside of all the case law
24:06submitted by both the parties last bite
24:08at the Apple I'm sorry last bite at the
24:10Apple last bite at the Apple any other
24:12argument Jud we're talking about the
24:14totality of the circumstances whether it
24:16was coursed or not you can take any
24:18technique or a non- technique something
24:22that you use or don't use to establish
24:24whether or not it was coursed or not the
24:26fact that she didn't read do you
24:28understand the rights do you understand
24:30these rights which is the form the
24:32Miranda warning form do you wish to talk
24:35to us at any time that's that's on the
24:37waiver affidavit on the other form which
24:39is the policy form it says do you
24:42understand these rights and then
24:44question number nine do you wish to talk
24:46to us at this
24:49time objections over thank you and
24:53you're referring about surname what do
24:55you mean by that you mean uh that that
24:57means last name okay what what did I say
25:00this detect keep calling the defendant
25:01by your first name all right can I say
25:04Sarah Boon either Miss Boon or Sarah
25:06Boon that's fine you may
25:11proceed have you had a chance to look at
25:13the standardized of moranda card issued
25:15by the Orange County Sheriff's Office
25:18yes do you
25:20agree that you did not
25:23read the nine questions to her
25:28in your squad car all n questions
25:34correct do you know how many questions
25:36you did read to her eight okay and the
25:40question you omitted is question number
25:43nine is that
25:44correct yes it's actually not on
25:47my I'm sorry it's not on
25:51my
25:53continue what what do you mean by that
25:55it was the card that you read it was not
25:57on the card number n no not on my
26:02card we have multiple Miranda cards at
26:04the sheriff's office but yes that is the
26:06in reference to the policy yes that is
26:08the policy well somebody dropped the
26:11ball somewhere did you did you fail to
26:13geter question sustained did did you
26:16fail to get the most updated card or how
26:18did that happen that the ninth question
26:20was not on your Miranda W's card I've
26:23had that card since I started being
26:24interactive in sex crimes in 2013 had
26:28you become aware as it relates to
26:30following this motion I've become more
26:32aware yes there is that card have you
26:34gone and gotten the updated
26:36C objection relevance
26:57stained when y'all took her phone
26:59detective did you tell Sarah Boon that
27:02you would be returning to her
27:05apartment the following afternoon to
27:07give her her phone back
27:11no you did not tell her that no I listen
27:14to all my interviews everything that's
27:16been audio recorded no I did not tell
27:18her that we had plans to meet at the
27:19sheriff's office or tell me what you
27:22understood uh the conversation was it's
27:25relates to her getting her phone back
27:30I'm sure she asked when she would be
27:32getting her phone back and I didn't give
27:34her a detailed timeline I said that
27:38um I don't even know if I told her that
27:40we I decided to write a search for on it
27:42because I don't need to tell her that
27:43it's evidence in a crime I'm allowed to
27:45take it and so I took it and I wrote a
27:47search for it okay but you don't recall
27:51ever having a discussion with Sarah Boon
27:53about when you were going to return her
27:55phone specifically returning her phone
27:57no
27:58okay do you recall her calling you later
28:01that evening on your cell
28:06phone from from her husband's
28:10phone you don't recall that conversation
28:13she called you later that evening do you
28:15have documentation of the phone call I
28:17have her testimony oh
28:19okay well I don't recall the phone
28:21conversation excuse me I do not recall
28:24the phone conversation
28:31you said that y'all had some discussions
28:33about Sarah Boon coming to the station
28:35was that talked about the day of this
28:38event or the next day with Sarah boan it
28:41was talked about before I left the scene
28:43all right and did you relate to Sarah
28:46Boon that she needed to come to the
28:48Sheriff's Department the next day to
28:51retrieve her
28:54phone I don't know if I specifically
28:57told her about retrieving phone but she
28:59knew that I was waiting to hear about
29:01the autopsy results and that I would
29:02probably have more questions all right
29:05so you you believe you told her that
29:07night I need you to come back maybe or
29:09maybe not about the phone but I I may
29:10have some more questions for
29:13you something along those lines okay and
29:16when was it that you actually saw the
29:18two videos from Sarah's phone was it
29:20that evening after the interrogation in
29:22the squad car I've already answered but
29:24yes it was after the interview all right
29:26was it while you were on scene correct
29:28okay and did you attempt to talk to
29:30Sarah again about that at that time okay
29:33and so did you let your detective uh
29:36partner know about the the videos on
29:39Sarah's
29:43phone
29:45over did you let your partner know about
29:47that evidence okay and did y'all discuss
29:51that issue protection relevance work
29:54product sustained okay at some Point
29:58y'all had to were weall working together
30:01or were you making all the calls or we
30:03all making joint
30:05decisions
30:09sustained ma'am there's no there's no
30:12pending question at this time ma'am at
30:14some point did you form an opinion as to
30:18whether you had probable cause to arrest
30:21Sarah Bill objection
30:24relevance
30:26over yes at some point I did did you
30:29make that decision by yourself or was it
30:31collectively made by others with the
30:33Department protction
30:37sustained you don't need to answer
30:39anything detective at what point um did
30:43y'all that next day I think you you had
30:46her coming in in the
30:48afternoon I believe it was on 3 did
30:51y'all work on trying to get the search
30:53warrant for the
30:55phone I got the search warrant for the
30:58and I believe I got I it that evening I
31:02would have to look at it though okay do
31:03you know what time the search warrant
31:04came back signed by the
31:06judge it's documented in my investigator
31:08report but I don't know okay and would
31:11it be fair to say that you you told
31:14Sarah to come in that later that
31:15afternoon or the next
31:18day yes okay and would it be fair to say
31:21that you worked on the case that entire
31:23day until Sarah Boon came in I yes I
31:26attended an autopsy in the morning
31:27that's why I asked her to come in at all
31:29right and what time was the autopsy that
31:31morning it starts at 8 but I probably
31:34get till 10: it takes quite a few hours
31:37okay and were you there alone with the
31:39medical examiner or were there anybody
31:41else there um I don't recall if
31:43detective loan was with me or not but
31:46yes of course there's doctor okay and so
31:51in terms
31:52of your your determination as to whether
31:56or not Sarah Boon was a
32:00suspect did she become a suspect after
32:03you watched the video the two videos
32:06from her phone the day before the
32:09autopsy protction relevance the custody
32:11is not disputed on the February 25th
32:13statement how's this relevant if the
32:16issue is knowing an intelligent waiver
32:18the sufficiency of Miranda and coercion
32:21what is the formulation of probable
32:22cause have anything to do with anything
32:25well I I wanted to bring out the fact
32:28that they had already made a decision
32:31before she came in for the interrogation
32:33on the
32:3425th that they had probable cause to
32:37arrest her so that if she a either
32:42didn't come in they were going to go
32:43arrest her that Day or B if she did come
32:46in and she exercised or invoked her
32:49rights to remain silent that they were
32:51going to arrest her anyway that they had
32:53already made a decision that she was the
32:54prime suspect they had probable cause
32:56what does that have to do with any of
32:58the three issues that are raised in the
32:59Motions it's whether or not she was in
33:01custodial interrogation whether she was
33:03free to leave I don't know that that's
33:04being disputed by the state I think my
33:07response that's my understanding the
33:09state's not disputing that there was a
33:10custodial interrogation which is why on
33:13February 25th which is why Miranda was
33:15provided prior to that judge it was
33:18provided the day before and she's just
33:21testified uh she was free to leave at
33:23any time okay so the Miranda was given
33:26on two separate occasions she wasn't in
33:27custodial
33:29interrogation detective am I right the
33:31DAT hang on before we ask any questions
33:32let's drill with the the evidentiary
33:34objection first the objection
33:36sustained okay you may proceed all
33:40right ma'am you would agree that uh when
33:43Sarah Boon arrived that afternoon for
33:45the interrogation she was not free to
33:47leave she was not to be free to leave
33:50excuse me she was not going to be to
33:52leave no okay and so if if she would
33:56have remained silent and exercised or
33:58invoked her right to remain silent she
34:00would have been arrested
34:01anyway and that was based on your
34:04investigation that you had the night
34:05before at the
34:07scene and it was based on her statements
34:10that she had given you in the squad car
34:13and it was based on the autopsy that was
34:15performed the next day that you were
34:17present for and it was based on the two
34:20videotapes that you saw from Sarah's
34:24phone protction
34:26relevance as to what the probable cause
34:28basis
34:31sustained you had all that information
34:34before you began your interogation on
34:36the 25th of
34:37Sarah I had all what information all the
34:40information that I just related to you
34:43before before you began your
34:45interrogation of Sarah
34:47Boon on February 25th that's correct yes
34:51and you would agree that you wanted to
34:54speak to her on the 25th objection Rel
35:02over uh yes okay and would it be fair to
35:06say that you wanted to get statements
35:08from her relating to the injuries to
35:13George Torres from the
35:15autopsy
35:19relevance
35:21overall yes I wanted to have a follow-up
35:24conversation in reference to what she
35:25told me the night before and in
35:26reference to the injuries she failed to
35:28mention and you also wanted to question
35:31her about the two videotapes that you
35:33had found on the
35:34phone relevance
35:37over yes I don't want to show her the
35:39videos and you agree in your
35:42opinion the video the two videos and the
35:46autopsy were inconsistent with the story
35:48she had given you in the in the squad
35:51car the day before objection
35:55over the videos I'm sorry repeat your
35:59question the
36:01time you would
36:04agree that the autopsy results and the
36:08videos that were extracted or taken from
36:12her phone uh recording
36:15George those two pieces of evidence from
36:19your investigation were inconsistent
36:22with a statement that she had given the
36:24day before in your squad Corp same
36:26objection to the record over
36:28yes and I believe that's ultimately the
36:31reason you arrested her because of her
36:33inconsistencies objection irrelevant
36:42sustained now you've said you've had a
36:44chance to review the interrogation video
36:49at the uh Orange County Jail on February
36:5220 25th of 2020 the Orange County
36:55Sheriff's Office the orange count arms
36:58County Sheriff's department and also I
37:00believe the state attorney had it
37:01transcribed have you had a chance to
37:03read the transcript I have not heard the
37:05transcription I listen to I watch the
37:08video with audio okay have you had a
37:10chance to look at my motion where the
37:11question and answers are typed out um at
37:15least the first minute or so no I've not
37:18looked at your motion okay um do you
37:22recall um you saying to
37:25her I'm going to have you sit in the
37:27green chair objection best evidence is
37:30the
37:32recording he's right okay objection
37:35sustained okay
37:39um do you
37:45agree prior to reading
37:50Miranda that you mentioned to
37:53her that you had received his autopsy
37:58and that you were going to read her her
38:00rights
38:00again but that we had to talk about that
38:04referring to the autopsy by S
38:09sustained do you recall making some
38:11comments to her prior to reading her the
38:13rights connection best evidence
38:18overruled
38:22yes is it the policy of the Orange
38:25County Sheriff's Department to make any
38:26statements to them
38:29about the interrogation prior to reading
38:33Miranda
38:34over one more
38:40time I assume that's not the first time
38:42you've read Miranda to a suspect
38:45question
38:46sustained let me go back to the first
38:48question
38:53then is it the policy of the sherff
38:56department not to ask any preliminary
38:58questions prior to reading Miranda
39:00rights same objection for the record
39:02overruled dis
39:03relevance you would have to show me the
39:05policy that you're referring to but I
39:07was not asking her any incriminating
39:09questions during that time I was
39:11explaining to her the purpose of the
39:14interview well have you ever been you I
39:17under I understand you must have
39:18undergone some training on Miranda
39:20rights and how to interrogate somebody
39:22injection property
39:26sustained how how long have you been
39:27with the shance
39:29Department uh since 2013 how long have
39:32you been a homicide detective over six
39:34years
39:37okay have you ever been trained or
39:41told to ask or not to
39:43ask any statements or any questions
39:46prior to reading Miranda relating to
39:48them talking to you objection relevance
39:55sustained can you tell us
39:58if you recall saying anything to her
40:01prior to reading her Miranda I recall
40:04talking about briefly talking about
40:06getting the autopsy results and then I
40:08wish to have a conversation with her
40:14all do you recall again uh reading her
40:17Miranda writes to her on video
40:22yes do you recall again omitting um
40:28question number nine on the
40:30standardized Miranda rights form for the
40:32Orange County Sheriff's
40:35Office
40:37over I did not ask her question number
40:41okay did they have did they have a
40:42Miranda card's form in the interrogation
40:45room so you would have got you would
40:47have had that on your
40:56person for
41:31still Che
42:14you
42:21mayed believe
42:27and you would see if you recognize
42:30that yes this is our waivers and
42:33affidavit is that filed
42:37out it's filled out by me but there's
42:40something highlighted that I did not do
42:43okay
42:44and that form F out as it relates
42:48to we're talking about just this top
42:51right yes okay I'm sorry does it what
42:54does that form is it filled out as it
42:56relates to
42:58in the case yes is that your
43:00signature yes did you see your sign yes
43:04is that your
43:05sign yes and is that the
43:10consent for
43:12the form the consent to search yes on
43:16that form is there
43:19also yes that that is a form
43:23that's standardized by the sh Department
43:27yes and you did not read her Miranda
43:29from that from those rights from this
43:32piece of paper yes that's audio and
43:34video recorded that no you
43:37agree
43:40questions
43:47yes same objection to the relevance as
43:50far as it being a consent to search her
43:52phone we're not disputing that she was
43:53in custody on February 25th 2020 when
43:56she gave a statement to the detectives
43:58and again under the case law there's no
44:00requirement for this question n under
44:04any state case law regarding the Florida
44:06uh State constitutional right to not be
44:09compelled to testify against oneself nor
44:11any federal or state case law regarding
44:14the United States Constitution the Fifth
44:16Amendment applied to this state through
44:18the 14th amendment that requires that
44:20question to be read it does not go to
44:22the totality of the circumstances of the
44:24voluntariness of her waiver of her
44:26Miranda Rights who
44:28response judge you know obviously we we
44:31disagree you know you then where's the
44:33case that supports that because as I
44:35addressed previously I read all the
44:37authorities I mean State versus
44:41Owens State V Thomas Powell from the
44:44United States Supreme Court which
44:45reversed the Florida Supreme Court
44:47decision I'll talk about what's required
44:49by Miranda and that question number nine
44:51that you're focusing on isn't included
44:53in any of those I I understand that
44:54judge the right to remain silent the
44:56right to an attorney attorney before and
44:57after questioning if you can't afford
44:59one one will be provided to you
45:01everything you say can it will be used
45:03against you those are the things that
45:05Miranda highlights that Miranda opinion
45:06itself says that so what does question
45:09number nine have anything to do with
45:11those things if the state case law and
45:14the federal case law includ including
45:16but not limited to Miranda itself and
45:19Powell and then the state case law of
45:22Thomas and Owens all of which were
45:23provided either by yourself or by the
45:25state identify what's required and
45:27that's not one of the
45:29requirements she has a
45:32duty to read the rights but they
45:36were I want to finish my argument okay
45:39she has a
45:40duty to read the rights she has an
45:44obligation to
45:45ensure
45:48that Sarah Boon understands her
45:51rights by asking that question do you
45:54understand the rights I've just written
45:57and then there must be a
46:00waiver yes I understand the rights and I
46:03agree to speak to you
46:07now so for that to be freely and
46:10voluntarily given that statement there
46:13must be a conscious waiver of the rights
46:15the problem with the detective is she
46:17reads the rights do you understand the
46:19rights and then she goes right into
46:21questioning she goes right into
46:23questioning without saying do you agree
46:26to speak speak to me understanding your
46:29rights do you agree to speak to me now
46:31that goes directly to whether or not it
46:34was freely voluntarily and knowingly
46:37given the statement and whether that
46:39waiver was so under the totality of the
46:41circumstances I think that evidence is
46:43relevant it's the policy of the
46:45sheriff's department obviously had she
46:47had an old Miranda rights form but she
46:50failed to read what we perceive is a
46:52critical question and she's going to
46:54testify about what she Perce received at
46:57the time that the detective failed to
46:59read that question and how it's ties
47:02into the case um I understand that all
47:05they have to read is those four but I
47:08think under the totality of the
47:10circumstances standard that this court
47:12has to apply that that should be a
47:15consideration the court should consider
47:17I know it was an honest mistake she had
47:20an old
47:21card but still I feel like it should be
47:25considered in your decision okay
47:27anything else Mr Jay it's essentially
47:29the defendant stating that they want to
47:31make new case law I'm going to sustain
47:33the objection is relevance by virtue of
47:36the decisions in uh Thomas 351 Southern
47:39thirr 197 and Owens 41 Southern thirr
47:42352
47:44there's um I just it's not relevant as
47:46to what the questions need to be asked
47:48for the purposes of whether sufficient
47:49Miranda waiver was
47:53given do you agree detective that after
47:56you read her
47:58those Miranda rights different from the
48:01situation the day before when you read a
48:04Miranda in the squad
48:05car yes I had more
48:09evidence that was without the
48:12autopsy that was without the two videos
48:15from her phone in the squad car yeah I
48:18didn't at the time of the interview yeah
48:20and in the squad car she was free to
48:24leave I mean I didn't tell her fre but I
48:27mean if she didn't want to talk to me
48:28she didn't have to talk to me okay
49:06that's all the questions I have at this
49:08time thank you any redirect no thank all
49:10right can this witness be released i'
49:13like it to State all right subject to
49:14recall thank
49:18you state you may call your next witness
49:20no additional Witnesses or evidence on
49:22this issue judge okay all right anything
49:25from your side of The Ledger sir
49:28judge I would like that you stipulated
49:30to the
49:33introduction no I don't objected
49:36authenticity all right judge uh I would
49:39like to introduce
50:03just that
50:20one and what is it that's been marked as
50:23defense exhibit B
50:44any objection same objection it's
50:47irrelevant is it the form as of now or
50:50is it the form as of 2020 when the I
50:55form
50:57okay can I see it for a moment please
51:00thank
51:06you any additional argument with regard
51:08to the state's relevance
51:10objection same argument no I'm I'm sorry
51:13Mr J I wasn't specific enough Mr Owens
51:15to you any additional argument same
51:17argument all right I'm going to sustain
51:19the relevancy objection for the same
51:20reasons the court articulated previously
51:44and Mr Owens you had one additional
51:45exhibit as well this is a composite
51:47exhibit judge it's the policy of the
51:49Sheriff's Department
52:16do you know what page specifically those
52:19policies are
52:22on page 14 of 22
52:29and I'm give you two more pages is it uh
52:32beginning of paragraph four waiver of
52:34constitutional rights yes
53:08okay I've read pages 14 and
53:1015 all right judge and then um you go to
53:1413 of
53:1528 13 13 well it's the next oh there's
53:20two different set it's a composite my
53:21apologies it's split up got it 13 of 28
53:24at the bottom p m
53:27and then it goes on to the next page 14
53:31of
53:3328 specifically 2A on 14
54:08anything else no other argument judge
54:11than what we've talked about anything
54:12further same arguments okay all right I
54:15I'm going to overrule the objection as
54:16to relevance as to what was pre-marked
54:18as composite C that'll be received into
54:20evidence over objection is States one
54:22I'm sorry defense is one
54:50any further Witnesses evidence or
54:51testimony sir judge I'd like to call
54:53Sarah
54:54Boon Miss Boon can approach
54:58Podium she was previously sworn at the
55:07beginning be
55:09here yes
55:12sir hey I'm the deputy's got a mover
55:38ma'am you've already been sworn
55:40councelor you may
55:43proceed man would you please State your
55:45full name Sarah you're going to have to
55:48speak up or move the mic
55:52Sarah yes
56:00where are you currently
56:02housed at the Orange County Corrections
56:05Department have you been there since
56:07February the 25th of 2020 correct was
56:11that the date of this interrogation that
56:13we're here for on this motion yes all
56:16right let me take you
56:18back to the morning
56:21of finding George Torres in the suitcase
56:30you called
56:31911
56:35yes is it true that um detective or
56:39Deputy Kayla Rodriguez of the sheriff's
56:41Farm arrived
56:50yes what mental state did you have at
56:53that time
56:56I was very
56:57confused um it was very hazy
57:03I didn't understand the Monumental
57:06amount of people that were there and
57:08what they were doing with taking things
57:10from my home I was worried about my
57:12dogs um I was worried about my son I
57:18was I was in shock I
57:22was traumatized by the situation and
57:25then trying to focus on everything that
57:27was going on on my at my home
57:31um I was hung over I was still I believe
57:35intoxicated to a degree objection judge
57:38moved to strike this is outside their
57:39motion to suppressed they have not made
57:41any allegations that her statement was
57:43involuntary because of her mental state
57:45or state of intoxication
57:47response judge we're talking about I'm
57:49I'm just get some preliminary
57:51information but we're her interrogation
57:54is the next day the state has an
57:56oblation and the case law cited by the
57:57state require specificity in the Motions
58:01so it's not a game of 20 questions and a
58:03surprise okay okay this this is the day
58:05before the interrogation I understand
58:07that we're not we're not talking about
58:09an intoxication but are you going to be
58:10arguing anything in conclusion as to
58:12what happened on February 24th led to
58:15any coercive or coercion behavior on
58:18behalf of the Orange County Sheriff's
58:19Office on February 25 are you going to
58:21bootstrap or link any of those things
58:24together the interrogation in the squad
58:26car and what was said to her prior to
58:28getting in the squad core that relates
58:30to what she said about it being routine
58:32protocol yes all right I'm going to
58:33sustain the state's objection relating
58:35to the intoxication yes okay it wasn't
58:39raised in any of the three motions that
58:40have been filed judge I didn't ask her
58:42that she volunteered I understand it
58:44okay objection sustained and it's
58:45stricken all right did you speak to the
58:50deputy
58:51about what had happened yes okay and
58:56then were you asked to stay on scene by
59:00both yes by both detectives yes okay how
59:03long did it take the detectives to
59:05arrive after you had spoken initially
59:08with Deputy
59:10Rodriguez it was not right away I don't
59:12know specifically but it was not quickly
59:15okay did the
59:18detective the two detectives when they
59:20arrived did they take over the
59:22investigation um it was my understanding
59:25yes no foundation for her to include any
59:29sustained at at some point were were the
59:32detectives directing you what to do and
59:34where to go yes
59:38okay can you explain what the detectives
59:41told you as it relates to you getting in
59:44the in the
59:45car what was the phone issue before the
59:48car yes sustained was the let me let me
59:52ask you about the phone when were you
59:54first asked about your phone
59:57from my remembering it was once they
1:00:00arrived one of the first questions that
1:00:02poel asked me was if I owned a
1:00:06phone and what did you tell her I told
1:00:09her it was on the kitchen
1:00:11counter all right and what happened next
1:00:14as it relates to the
1:00:16phone um I believe that it was brought
1:00:20to her with someone else I don't
1:00:22remember sustained
1:00:26what was the next thing that you were
1:00:28told or talked to about as it relates to
1:00:30the phone unlock it who told you that
1:00:34detective copel how did you unlock it
1:00:37she handed it to me and I unlocked it
1:00:40how do you unlock your
1:00:41phone um it was uh with a passcode okay
1:00:47and when you unlocked it did did did you
1:00:50give it back to the detective I did all
1:00:53right did you ever see the phone again I
1:00:55did not okay
1:00:57after that incident uh was the next time
1:00:59you were spoken to by detective copel
1:01:03was in relation to the interview in the
1:01:06squad car yes she told me I needed to go
1:01:09with her and detective loen to her
1:01:11unmarked vehicle he did she tell you
1:01:14anything
1:01:16about what was going to take place once
1:01:19y'all got inside the vehicle that she
1:01:21was just going to be asking me general
1:01:22questions all right was there ever any
1:01:26mention about normal
1:01:27protocol not that I can recall okay what
1:01:30about once you got in the squad
1:01:33car I don't recall the squad car okay
1:01:37and that was recorded for the court to
1:01:40consider and so she read you your
1:01:42Miranda Rights yes all
1:01:50right did you answer the questions I
1:01:54did did they ever indicate to you that
1:01:57you were a suspect no did they ever
1:02:00indicate to you that you were a person
1:02:01of interest no did they ever refer to
1:02:05the video uh videos that you recorded on
1:02:07your phone from the night before no were
1:02:10you ever question about those
1:02:12videos at the scene I was
1:02:17not all right after they finished
1:02:21interviewing you in the unmarked vehicle
1:02:23were you allowed to get out yes
1:02:26were you allowed to leave the scene at
1:02:28that point I was instructed by both to
1:02:30not okay and how long did you stay on
1:02:33the
1:02:34scene the entire time how long how long
1:02:38was that how long did it take before the
1:02:39investigation was completed 10 hours or
1:02:42more okay at some point did they all
1:02:46leave yes and at some point did they
1:02:49tell you they were finished with the
1:02:50work there at the scene yes okay what
1:02:53did you
1:02:54do I wanted inside my apartment and
1:02:57gathered a few things and then I went to
1:03:00my former husband's residence where my
1:03:02son was
1:03:03located all right and how far was that
1:03:06away about five minutes how did you get
1:03:08there I drove
1:03:11okay what was the reason that you wanted
1:03:13to stay over there the night because I
1:03:15was terrified of his
1:03:17[Music]
1:03:18family now later that evening you were
1:03:22going to spend the night there with your
1:03:24son and with your ex-husband correct and
1:03:26did you do that I my son
1:03:29yes later that evening did you attempt
1:03:31to contact detective copel I did and
1:03:36whose phone did you use former husband
1:03:39Z you said your phone had been seized
1:03:42correct and you had consented to that
1:03:44you signed a form allowing them to take
1:03:45the phone yes had there been any
1:03:48discussion
1:03:50about returning the phone um Cel told me
1:03:55she or or loan or both would return back
1:03:57to my apartment to return my phone and
1:04:00when did they tell you this before they
1:04:02left the scene and did they tell you
1:04:05they would return your phone where um to
1:04:08myself at the apartment and is that what
1:04:11you understood they were going to do yes
1:04:13was there ever any talk about you coming
1:04:15to the Sheriff's Department that the day
1:04:16of this event
1:04:20no all right so later that evening you
1:04:23borrowed your ex-husband Brian Boon's
1:04:25phone and and made a phone call how did
1:04:27you know detective cop's private cell
1:04:30number she gave it to me before she left
1:04:32the scene and did you call her I did do
1:04:37you recall about what time you called
1:04:38her I believe it was around 9:30 or
1:04:4210:00 and that would have been on
1:04:43February the 24th of
1:04:452020
1:04:48yes all right can you tell us why you
1:04:51were calling her that night before she
1:04:54left and giving me her personal phone
1:04:56number um she told me if I were to
1:04:58recall anything or if I just wanted to
1:05:01talk to her about something regarding
1:05:03the case for me to call her so I took
1:05:06that to heart and felt very uneasy
1:05:10about how they
1:05:13left sustained go
1:05:17ahead
1:05:22um there's no pending question at this
1:05:24time okay you you
1:05:26you were concerned about the case and
1:05:28you wanted to call her
1:05:30yes and did you did you talk to her yes
1:05:33what did you say to her I told her in
1:05:37all honesty that I felt that she was
1:05:39trying to trick
1:05:41you're
1:05:47sustained did you have a conversation
1:05:50about your
1:05:52phone um yes I ask answered
1:05:59over you may answer the question ma'am
1:06:02call her yes or no she said yes and now
1:06:04I don't know quite what's pending and
1:06:06how
1:06:08to did y'all have a discussion about
1:06:10your phone yes can you elaborate on that
1:06:14discussion she told me that I needed to
1:06:18come down to the Sheriff's Department
1:06:21because she was pregnant and asked me if
1:06:24I remembered about when I was being
1:06:26pregnant and it would just be a lot
1:06:29easier for her if I were to arrive at
1:06:31the sheriff's department to pick up my
1:06:34phone was there any discussion about you
1:06:36being interrogated at the Sher
1:06:38Department no was your understanding the
1:06:41so purpose of you going to the Sheriff's
1:06:43Department the next day was to pick up
1:06:44your phone yes and the sole reason for
1:06:47the change in plans from them bringing
1:06:48the phone to you was because detective
1:06:50csul was pregnant not feeling well
1:06:53correct
1:06:55so the next afternoon did you drive to
1:06:57the sheriff
1:07:00department tell us when you parked your
1:07:03car where you went what happened I
1:07:07parked my car and um left everything as
1:07:10regular in my car and um walked through
1:07:14the front door and um went to the window
1:07:19asking um who I needed to see and they I
1:07:24guess rained um them upstairs and
1:07:27detective loen came downstairs and I
1:07:30thought I was supposed to be picking my
1:07:31phone up over a a particular window and
1:07:34he says no your uh phone is upstairs so
1:07:37we would just like for you to come
1:07:38upstairs and that's where you can pick
1:07:40up your phone all right and so did he
1:07:43escort you upstairs he did how did y'all
1:07:46get upstairs in an
1:07:48elevator and was he what was he
1:07:53wearing um I believe he was wearing a
1:07:55red shirt um along with his firearm and
1:07:59black pants his firearm was on his on
1:08:02his waist the entire time yes okay so
1:08:04you all got off the elevator where did
1:08:06you go from there um he brought me into
1:08:08a very small room um and they had me sit
1:08:12down and then from there I had a list of
1:08:14things that I was going to ask them that
1:08:17I might need to do or that I could do
1:08:20okay so from the elevator detective Len
1:08:23escorted you directly into the interview
1:08:25room and we've got we've got the
1:08:27recording the audio and the video uh
1:08:30y'all you didn't go anywhere else no PRI
1:08:33of that time was there any discussion
1:08:34that you made outside any discussion
1:08:36between you and either
1:08:38detective uh
1:08:40about anything the phone questioning
1:08:43anything before walking into that room
1:08:46no okay so direct directly off the
1:08:49elevator and walked into the
1:08:51interrogation room and then we've got
1:08:53the video on that
1:09:01now you and I watched the video yes
1:09:05correct and you've seen the motion where
1:09:07I've referred to the questioning where
1:09:08she ask you to sit down
1:09:11yes you recall that happening yes did
1:09:15that refresh your memory watching the
1:09:17video yes
1:09:25do you recall her saying that she had
1:09:27received the autopsy
1:09:29yes do you recall her saying I want to
1:09:32read you your rights again because we
1:09:34have to talk about that referring to the
1:09:37autopsy
1:09:39yes this was prior to you being read
1:09:41your Miranda Rights
1:09:44correct and she also said we're not done
1:09:46talking about the incident you recall
1:09:49that yes and then she said we just have
1:09:52to do it yes
1:09:55how did that make you
1:09:57feel
1:10:01sustained will you trying to comply with
1:10:04the officer's demands section
1:10:06relevance over in every way were you
1:10:10trying to cooperate in every way were
1:10:13you polite with them
1:10:17very and when she said that we just have
1:10:20to do
1:10:21it you said just like we did
1:10:23yesterday yes and then you said normal
1:10:27protocol
1:10:28yes is that what she had said the day
1:10:32before what do you mean normal protocol
1:10:35yes had she had she said the same word
1:10:38could you you said normal protocol to
1:10:41her I was reiterating to her what she
1:10:43had said to me the day
1:10:52before so she read the Miranda rights to
1:10:55you except number nine except number
1:10:58nine she read the rights and then she
1:10:59said do you understand what I've just
1:11:01read to you and you agreed that you had
1:11:04yes but you were not
1:11:07read having these rights in mind do you
1:11:10agree to speak to me
1:11:12now over I was not asked that question
1:11:16is it fair to say that after she read
1:11:18the minda rights and after she said do
1:11:20you understand the rights that I've just
1:11:22read to you that she WR wi into the
1:11:24questioning she did correct so she never
1:11:27got the answer from you do you agree to
1:11:30speak to us now I was never asked that
1:12:01the way that
1:12:03she acted the things that she
1:12:10said the fact that they had your
1:12:14phone did you get did you get the
1:12:16impression you were not getting your
1:12:17phone back if you didn't answer the
1:12:19questions objection irrelevant she in
1:12:21custody sustain she was in
1:12:23custody yes
1:12:25that's been conceded by the state in
1:12:28their response that it was a custodial
1:12:30interrogation but she wasn't aware of it
1:12:32she wasn't aware she was in custody what
1:12:34does her subjective perception
1:12:38matter
1:12:40well under the circumstances it would
1:12:43matter I mean she she didn't feel she
1:12:45was free to leave she was in enclosed
1:12:48small
1:12:49space um she was that all goes to
1:12:51whether or not she let me she was being
1:12:54questioned by two lead detectives
1:12:55homicide detectives one of them was
1:12:57wearing a
1:12:58firearm um she was trying to cooperate
1:13:01as best she could I think
1:13:05her her position is that she was coed in
1:13:08answering the question what does that
1:13:10have to do with coercion those all
1:13:12factors that under Ramirez as to whether
1:13:14or not it was
1:13:16custodial well I know some of the
1:13:18factors are whether or not the
1:13:19interrogation actually happens in a
1:13:21police station or not or whether it
1:13:23happens outside a police station so just
1:13:25that just that environment alone that
1:13:27goes to whether or not it was a
1:13:29custodial interrogation okay that I'm
1:13:32not I'm I'm struggling with the
1:13:33connection on that being non-compliance
1:13:35with Miranda coercion or the third
1:13:39ground of voluntariness well I think it
1:13:42it goes subjectively to her and what she
1:13:44was feeling if she had a free choice or
1:13:46not based on subcity matter excuse me
1:13:49based subjectivity
1:13:50matter under the case law based on based
1:13:53on the circumstances that she was
1:13:55dealing with at the time whether or not
1:13:56she felt she had a choice but what does
1:13:59her subjectivity have to do with
1:14:01that I believe it's relevant objections
1:14:04overruled I'm sorry the objections
1:14:05sustained I
1:14:10apologize did you understand you were
1:14:12not going to get your phone back until
1:14:14you answered their
1:14:15questions
1:14:19sustained did you have some questions
1:14:21for them at the end I did
1:14:25did you feel like you had a choice in
1:14:27answering their
1:14:28questions
1:14:34sustained ma'am that
1:14:39day you came to the Sheriff's Department
1:14:41to get your
1:14:43phone that's yes did you know that you
1:14:47were going to be placed in custody did
1:14:49not did you know that you were going to
1:14:52be arrested I did not did you know that
1:14:55you were going to be questioned I did
1:14:57not were you trying to cooperate with
1:15:00law enforcement based
1:15:02on her statements that you have to talk
1:15:05to
1:15:07us
1:15:09over will you they're answering the
1:15:13questions
1:15:15because she confirmed that this was
1:15:17normal
1:15:18protocol that was my understanding yes
1:15:21that's all the questions I have any
1:15:23cross-examination yes sir
1:15:29so that afternoon on February 24th of
1:15:322020 when Deputy Kayla Rodriguez arrived
1:15:35at your residence shortly after 1 p.m.
1:15:37you were under the influence of alcohol
1:15:40correct yes you were impaired by alcohol
1:15:44correct I don't know as much as impaired
1:15:47means it did affect yes okay and that
1:15:51was consumption from the night before
1:15:53correct yes so you did not go to brunch
1:15:56that morning and have mimosas or
1:15:58anything else to drink correct and you
1:16:00consumed no alcohol in your home that
1:16:02morning
1:16:05correct so does that affect in any way
1:16:08your memory when you testify about the
1:16:10events that transpired between you and
1:16:13detective copel that
1:16:16afternoon ask one more time please did
1:16:18the alcohol have any effect on your
1:16:20memory of what happened between you and
1:16:23detective copel that afternoon now or
1:16:25then
1:16:28then did alcohol affect my conversation
1:16:31with
1:16:32her there's a jury instruction that says
1:16:35a witness's memory and perceptions
1:16:37pertinent and I'm asking you did the
1:16:39alcohol that you were under the
1:16:40influence of affect your memory or
1:16:42perception of the events that you've
1:16:43testified to today that you said
1:16:45happened on that afternoon of February
1:16:4724th
1:16:482020
1:16:51um so did they affect um
1:16:56my
1:17:00answer I I don't think she understands
1:17:02the question I don't okay it's been
1:17:04asked three different ways so we'll
1:17:06leave it at you were under the influence
1:17:07of alcohol that afternoon
1:17:10correct I think she said she doesn't
1:17:12know what she said that she had alcohol
1:17:15under the influence or impaired the
1:17:17objection is the court does not
1:17:19entertain speaking objections the legal
1:17:21grounds need to be provided what are the
1:17:23legal grounds of your objection
1:17:31I she said she didn't know what what are
1:17:34the legal grounds of your
1:17:36objection I'll withraw it all right you
1:17:38may proceed all right and you understand
1:17:40that you're charged with second degree
1:17:41murder in this case correct you're
1:17:43facing a potential penalty of life in
1:17:45prison correct I understand do you
1:17:47understand that the score sheet minimum
1:17:48is probably about 22 and A2
1:17:51years I I don't know okay
1:17:55and it is your desire to have these
1:17:58statements excluded from the jury's uh
1:18:00consideration
1:18:02correct judge I would object to that
1:18:05sustain the
1:18:06objection your intent is to testify
1:18:09differently than you have testified in
1:18:11the statements in States exhibit one
1:18:13correct regarding I I would object to
1:18:16that I'm not understanding what the
1:18:18question Mr Jay judge um a witness's
1:18:22bias is always that issue when they take
1:18:24the hand and it's our position that um
1:18:27her credibility for all the things that
1:18:29she has testified to today that
1:18:31particularly the things in conflict with
1:18:33Detective cel's testimony and the court
1:18:35of course in a motion to suppress has to
1:18:37consider The credibility of the
1:18:39witnesses and you are in the best
1:18:40position to do that the appell at courts
1:18:42are going to be very deferential to you
1:18:45it's our position that she's biased she
1:18:47is charged with secondary murder she's
1:18:48facing life in prison based on the uh
1:18:52examination that both state attorneys
1:18:54and defense Council and the state's
1:18:55expert uh witness today it is the
1:18:59state's belief that she is intending to
1:19:01testify differently than she testified
1:19:02in the statements that she provided to
1:19:04law enforcement in States exhibit one
1:19:07and therefore she is biased in all the
1:19:10things that she's testified about today
1:19:11because it is her intent to get this
1:19:14statement um all these statements or the
1:19:16statement on 225 thrown out um so that
1:19:19she is not going to be cross-examined
1:19:21and peached with it so that she can
1:19:23Testify the way that she test testified
1:19:25this afternoon response judge I agree
1:19:27with the impeachment about being under
1:19:30the influence I agree with the
1:19:32impeachment about what she's facing that
1:19:35she may be biased because she's facing
1:19:37potentially life in prison he claims 22
1:19:40years on the load in I I agree with all
1:19:43that uh we just got through at the jail
1:19:47uh meeting with the states expert who
1:19:50evaluated Sarah boom I was present uh
1:19:54the prosecutors were present it wasn't
1:19:56recorded he can't be a witness now if
1:20:00he's going to question her about what
1:20:02was said during that evaluation and he's
1:20:05putting himself potentially to be a
1:20:06witness down the road I don't think
1:20:08that's proper cross-examination about
1:20:10what she said there
1:20:13versus what she's saying here anything
1:20:16further Mr J I am not specifically
1:20:19asking her what she said that was
1:20:21different um and obviously if I did and
1:20:24uh testified differently I would have to
1:20:26accept that answer there's no way for me
1:20:27to extrinsically uh impeach her with
1:20:30that due to the brevity of the time
1:20:33frame that we have all been subjected to
1:20:35um but I do believe it's a fair question
1:20:37to ask her whether or not she intends to
1:20:39testify differently um than her
1:20:42statements that are in States exhibit
1:20:43one and consistently with how she
1:20:44testified this afternoon and that she
1:20:47understands it would benefit her if
1:20:48these statements are excluded so I'm
1:20:49going to sustain the objection based on
1:20:51how the question was asked I'll allow
1:20:52you to revisit it based on how you just
1:20:54explained it to
1:20:56me you gave uh statements to an
1:21:00evaluator this afternoon did you not I
1:21:02did all right and without going into the
1:21:05details um would you agree that there
1:21:07are some differences in those statements
1:21:09as to what is in the statements you
1:21:10provided to law enforcement on February
1:21:1225th of 2020 yes and you understand that
1:21:17I would be able to cross examine you on
1:21:19giving inconsistent statements at trial
1:21:21if you take the stand correct I
1:21:23understand and so you understand
1:21:24understand the benefit of this motion to
1:21:26suppress being
1:21:27granted of course no other questions any
1:21:31redirect examination okay um we can have
1:21:34Miss Boon return back to council's
1:21:36table while she's in the process of
1:21:38returning to council's table anything
1:21:39else further from an Evidence or
1:21:41testimony perspective from your side of
1:21:43The Ledger okay anything else from the
1:21:45state other than argument just argument
1:21:47okay all right once Miss Boon seated we
1:21:50could proceed with any
1:21:51argument and as the court identified
1:21:53previously I have reviewed
1:21:55all y'all's authorities that were
1:22:03provided Mr Owens it's your motion sir
1:22:05you may proceed
1:22:17[Music]
1:22:37judge my understanding of the law
1:22:40regarding
1:22:43Miranda first issue is was the defendant
1:22:46in C was the suspect in custody was it a
1:22:48custodial interrogation we have agreed
1:22:51or stipulated to that fact we're
1:22:53referring to
1:22:55the 2hour interrogation at the Orange
1:22:57County Sheriff Department specifically
1:22:58we're referring to about the first
1:23:00minute or two of that
1:23:05video and I think under the totality of
1:23:08the circumstances the court has to
1:23:11determine whether freely and voluntarily
1:23:14and
1:23:15knowingly given under the
1:23:22circumstances judge law enforce
1:23:26after they get a valid waiver of
1:23:31rights that I'm not going to be silent
1:23:35that I'm going to answer
1:23:37questions go ahead ask me and I'll
1:23:39answer the
1:23:40questions once that
1:23:43happens law enforcement is trying to get
1:23:47a
1:23:48confession law enforcement is trying to
1:23:51get
1:23:52admissions that they can later use at
1:23:56trial to impeach the defendant and
1:23:59convict
1:24:01him the law
1:24:03allows law enforcement at that stage to
1:24:07use
1:24:09deception to
1:24:11lie to
1:24:14trick we found the murder Weapon It's
1:24:18got your DNA on
1:24:20it your co-defendant has come in here
1:24:23and confessed and implicate
1:24:25you all those technique all those
1:24:29techniques when it's
1:24:31really deception they don't have the DNA
1:24:35they don't have the murder weapon they
1:24:36don't have the code defendant can be
1:24:39utilized to obtain a confession or an
1:24:43admission of
1:24:45guilt but prior to Miranda you cannot
1:24:51deceive prior to Miranda you can cannot
1:24:57trick that right is
1:25:04fundamental you cannot be
1:25:06compelled to incriminate
1:25:09yourself you cannot be forced to talk
1:25:12it's got to be free will and a
1:25:17choice and so you can't seduce or coer
1:25:22someone into giving a statement and the
1:25:24law is clear when that happens we've got
1:25:28to punish law
1:25:30enforcement to correct that type of
1:25:33misuse
1:25:35Behavior it's
1:25:39illegal so you got detective csul on the
1:25:42one
1:25:47hand I got to read your
1:25:50rights and you have a right to remain
1:25:53silent
1:25:56but within a minute
1:25:59before the detective is telling Sarah
1:26:02Boon we have to do this we have to talk
1:26:06to
1:26:07you
1:26:10now that's
1:26:15confusing that's
1:26:18deceptive there's nowhere in policy that
1:26:21that should be allowed or is allowed
1:26:23there's nowhere in the law that that
1:26:25should be allowed it's actually
1:26:27illegal to tell a suspect we have to
1:26:31talk to you we just have
1:26:34to before reading Miranda
1:26:37rights that is an illegal statement
1:26:41Sarah Boon did not have to talk to them
1:26:44about the autopsy Sarah Boon did not
1:26:47have to talk further about what had
1:26:50happened
1:26:54but that's the implication this
1:26:56detective gave Sarah
1:26:59Boon it taints the Miranda that comes
1:27:02before
1:27:04it here's a law enforcement officer I'm
1:27:06trying to cooperate we've got to talk to
1:27:09you but you have a right to remain
1:27:14solid but the statement of we have to
1:27:18read you the rights was made before we
1:27:20have to talk to you so your argument
1:27:22transposes those two things
1:27:24chronologically why are we even having
1:27:27it I mean why even have the confusion I
1:27:30mean we're sitting here Monday morning
1:27:32quarterbacking but Sarah
1:27:36Boon was brought up there under false
1:27:42pretenses a traumatic event she lost her
1:27:46boyfriend I'm coming to get my
1:27:49phone I've been tricked into coming up
1:27:51here to get my phone
1:27:55and I'm sitting here having to figure
1:27:57out what what to do about whether to
1:27:59talk to these people or not and she's
1:28:02talking about my rights but then saying
1:28:04we have to talk to you we just need to
1:28:07do it and then she reads the
1:28:10rights right there within a few seconds
1:28:13of each
1:28:16other that's improper it's illegal it's
1:28:20coercive it forces this not to be a
1:28:24valid waiver of her rights under that
1:28:27circumstance coupled with the fact that
1:28:31they came down she came down under false
1:28:39pretenses couple with the fact she
1:28:40doesn't have the ninth
1:28:47question if you think about it okay you
1:28:49got a right to remain silent you got a
1:28:51right to a
1:28:52lawyer those three or four questions and
1:28:56then do you understand what I've just
1:28:58read to you I'm
1:29:02paraphrasing but then detective csil
1:29:05goes right into questioning once Sarah
1:29:07says yes I
1:29:09understand it's an acquest to Authority
1:29:13okay let me start asking her questions
1:29:15the critical question
1:29:18is having these rights in mind do you
1:29:21agree to speak with us that is
1:29:26the time of free choice that is the time
1:29:29of decision for
1:29:31Sarah to be given that
1:29:33opportunity but the way detect and I
1:29:37understand detective csil had the
1:29:39autopsy he had the she had the blunt
1:29:41force
1:29:42trauma those were not question she was
1:29:44not ter was not questioned about that
1:29:47they didn't know about that until the
1:29:49medical
1:29:51examiner so she had additional
1:29:53information
1:29:55that she wanted from Sarah Boon she had
1:29:57the two videos from Sarah Boon's phone
1:29:59she had additional
1:30:02information from the phone that was
1:30:05inconsistent with the statement that
1:30:07Sarah had given the day
1:30:10before so sure any detective worth their
1:30:13salt would want a
1:30:17statement she'd already said we had
1:30:19probable calls we' already made a mind
1:30:21up that we were going to arrest her they
1:30:23were if she didn't come they were going
1:30:25to go get her if she came and said I
1:30:27want to invoke my rights she was going
1:30:30to be
1:30:31arrested they wanted to get some type of
1:30:34admission confession statement that they
1:30:37could later use which they're trying to
1:30:39do
1:30:40now but under the
1:30:42circumstances the totality of the
1:30:44circumstances about how she was induced
1:30:46to come down there about telling them
1:30:48she had to talk judge it was
1:30:51coercive we would ask that you suppress
1:30:54the
1:30:55evidence any
1:31:01response judge the United States Supreme
1:31:03Court has said that confessions are good
1:31:05they are good for society it is good
1:31:07when guilty people are convicted We
1:31:10Stand by all the case law that we've
1:31:12cited um and you have reviewed the
1:31:14evidence from start to finish under the
1:31:16totality of the circumstances of that
1:31:182hour and 6 Minute statement that she
1:31:19gave to law enforcement she knowingly
1:31:22and intelligently and volunt voluntarily
1:31:24waved Her Miranda rights and under the
1:31:26case law it was done perfectly fine
1:31:30there is no requirement that uh that
1:31:33question number nine get read um and as
1:31:36far as any credibility issues that are
1:31:39pertinent um to the Court's analysis
1:31:41which the state would submit there is
1:31:43not because we are conceding there was
1:31:44custody on February 25th they are
1:31:47allowed to use subterfuge and deception
1:31:49to get somebody to come to the police
1:31:50station under the case law and Authority
1:31:52cited um but if there is anything that
1:31:56is dependent upon the credibility of
1:31:58either the defendant's testimony or
1:31:59detective cil's testimony the state
1:32:01would argue for the reasons um of her
1:32:04being impaired by her own admission on
1:32:07the afternoon of February 24th still
1:32:10from the night before um that her
1:32:13credibility is less than detective csul
1:32:17and of course she is a bias and interest
1:32:19in the outcome of the case whereas
1:32:20detective csil has no motivation to not
1:32:23tell the truth about whether she used
1:32:26deception to bring the defendant down to
1:32:27the police station because that's
1:32:29perfectly acceptable so we're asking you
1:32:31for the reasons that we stated in our
1:32:33multiple responses to their multiple
1:32:34amended motions to deny their motion to
1:32:36suppress thank you any further argument
1:32:38Mr Owens no judge all right um tomorrow
1:32:41is a court holiday the court has had the
1:32:44opportunity to review all the case law
1:32:46Court's going to prepare written order
1:32:48and you'll have it before the close of
1:32:49business tomorrow Courthouse may be
1:32:50closed but I'll be here working Sant for
1:32:52the record those two exhibits that I
1:32:54tried to introduce they will be admitted
1:32:56into the record corre yes of course they
1:32:57were
1:32:58pre-marked moving now to the defendant's
1:33:02motion for a right to hair cosmetics and
1:33:05civilian clothing uh without restraints
1:33:07for trial um State what if any positions
1:33:11do you have with regard to the
1:33:14restraints again we've already decided
1:33:17that issue I don't know that there's
1:33:18been any new allegations alleged in the
1:33:20Motions by Mr Owens on behalf of the
1:33:22defendant but the court has decided that
1:33:25already and unless there was some sort
1:33:27of change in position or authority then
1:33:29the court should maintain the law of the
1:33:32case
1:33:34response and I just want clarification
1:33:37but you know she's she's here today and
1:33:39she's in handcuffs so she has difficulty
1:33:42writing she has let me just interject
1:33:44for one second she will be handsfree
1:33:47okay so the issue is the leg
1:33:50restraints and and judge she's Presumed
1:33:53Innocent
1:33:54um I understand security has an
1:33:56obligation there's three doors I assume
1:33:58we're going to be trying the case in
1:33:59this courtroom there's three doors uh I
1:34:02know that we've got several security
1:34:04officers here in case she were to try to
1:34:06flee um but she's got no access to
1:34:10weapons or anything of that
1:34:11nature um she has a fundamental right to
1:34:14a fair trial she has the fundamental
1:34:16right to a presumption of innocence and
1:34:18if the jury were to see any restraints
1:34:21on her Freedom they're going to going to
1:34:23automatically assume the worst that she
1:34:25is a
1:34:26danger and they people automatically
1:34:29will take that to heart and it will
1:34:31affect their decision when they go back
1:34:33into the Jury Room so yeah she's going
1:34:36to be at the table I don't know if we
1:34:37switch it does the prosecutor go no
1:34:40that's that's your table sir that's my
1:34:41table closest to the
1:34:43jury so she'll be sitting here with the
1:34:46other two lawyers and I and um the only
1:34:50time they're going to see her walk in
1:34:51and out is going to she's always going
1:34:54to be in the courtroom they're never
1:34:55going to see her walk in and out so the
1:34:57the only time is when she
1:34:59testifies so I guess that only I don't
1:35:02know if you have leg restraints that she
1:35:04can wear and walk but we believe it's
1:35:08not necessary and of course we
1:35:10definitely don't want uh them to see her
1:35:12walking funny or hear something funny or
1:35:15see something funny and she's walking
1:35:17from the defense table to the witness
1:35:19stand to testify on her own behalf but I
1:35:21don't think it's necessary to have leg
1:35:23restraint I think once she gets in here
1:35:24in the trial beginning Monday jury
1:35:27selection and
1:35:29I I assume the table is going to stay
1:35:32here the privacy panels will be located
1:35:33in front as well which will prohibit our
1:35:35jury from being able to see any of the
1:35:37leg restraints that she has I don't
1:35:38think it's necessary to have the leg
1:35:40restraints judge I think you can bring
1:35:41her in with the leg restraints but take
1:35:43them off right before we get started I I
1:35:45don't see a problem with that I I don't
1:35:47think she's a threat you know there are
1:35:49times when criminal defendants are in a
1:35:52trial and they misbehave in the middle
1:35:56of the trial so they have to be
1:35:58restrained but Sarah Boon as far as I've
1:36:00been involved and I think prior of that
1:36:02time has always been polite and
1:36:04cooperative and um she understands the
1:36:07importance of Behaving and I have every
1:36:11intent that she will comply with the
1:36:13Court's directive and she will act
1:36:15appropriately throughout the trial I do
1:36:17not believe any restraints are necessary
1:36:19during this Tri okay anything further as
1:36:21to that issue
1:36:23I don't believe that's case law
1:36:25Authority on the issue Bel all right
1:36:28thank you very much um with regard to
1:36:30your request for clothing in that um you
1:36:33could certainly go to the jail uh and
1:36:36provide uh have whoever it is that you
1:36:38want to meet with her in the in the
1:36:40meeting area to provide get measurements
1:36:43from her and provide clothing the
1:36:46clothing for trial will have to be
1:36:47provided to her at the Orange County
1:36:49Jail uh that will be brought over with
1:36:51her in the morning uh and then she'll be
1:36:54able to be dressed out downstairs okay
1:36:56um so I don't I don't your motion will
1:36:58be granted with regard to the clothing
1:37:00you'll have to address with the jail
1:37:02having a person come in there to take
1:37:04your measurements they may have to be
1:37:05with you counselor uh in order to
1:37:07facilitate that but the clothing will
1:37:09have to be dropped off at the jail and
1:37:11it'll be transported with her in the
1:37:13morning uh each day of trial okay
1:37:17um with regard to the uh appearance
1:37:21issue do you have any other further
1:37:22argument as to that judge just just
1:37:24what's stated in the um you know I made
1:37:27some legal arguments in the defendant's
1:37:29motion for the right to hair Cosmetics C
1:37:31and clothing without restraints for
1:37:33trial just just the arguments in
1:37:39there and the Estelle case that you
1:37:42spoke to you cited to spoke to being
1:37:44dressed out in in a prison GARP doesn't
1:37:48really address a prison Garden shackles
1:37:50it doesn't address any beautification or
1:37:53anything along those
1:37:55lines I I just think it's you know it's
1:37:59just part of a fair trial the other
1:38:01problem is is it's Contraband that
1:38:04stuff's not even purchasable at the
1:38:06commissary at the jail any makeup or
1:38:08anything along those lines well we're
1:38:10I'm going to have the two par legals
1:38:11here um I I say the paral legals uh
1:38:14one's one's a a lawyer now and the other
1:38:17is a consultant but
1:38:20um they're females and they can they can
1:38:25bring it the cosmetics in and apply it
1:38:27either here in the courtroom or just
1:38:28outside the courtroom I'm sure there's a
1:38:30waiting room there's there's no place
1:38:32where we can apply any you can't put
1:38:34them back there because they there's no
1:38:36we can't allow access back there that's
1:38:38for Corrections and for the sheriff's
1:38:40department and for the inmates can she
1:38:42be allowed can the can the uh the two
1:38:44females on the team can they can they be
1:38:46allowed to apply some type of makeup to
1:38:48Miss V
1:38:50State we don't have any dog in this
1:38:52fight I just
1:38:54I've never heard of it
1:38:56happening that doesn't mean it's not
1:38:58permissible but if you want to try to do
1:39:00it here in the courtroom that's fine but
1:39:03be advised that you know when we start
1:39:05Court we start court so and and I intend
1:39:08on starting it at 9:00 every morning so
1:39:11I'll have pleas every morning in other
1:39:13matters because Court still has other
1:39:14business at 8:45 and I plan on bringing
1:39:17the jury up at 9:00 uh until we select
1:39:20one and then starting at 9: every day
1:39:21thereafter
1:39:23so your motion will be granted with
1:39:25regard to the clothing you can perhaps
1:39:28someone attend um travel to the jail
1:39:31with you sir Mr Owens to take the
1:39:33measurements you'll have to provide
1:39:35clothing at the jail with regard to the
1:39:37appearance it's denied to have anything
1:39:39happen at the jail or happen in any of
1:39:41the secured areas but if you want to
1:39:43attempt to have members of your staff uh
1:39:45apply uh make up prior to trial you
1:39:48certainly can do so Court provide you a
1:39:50written order with regard to the request
1:39:53removal of the leg restraints but the
1:39:55hand restraints will be removed judge
1:39:57and
1:40:00then I think that it it it falls under
1:40:03the same okay analysis needs to be done
1:40:05in the courtroom yes
1:40:08sir and then the last item teed up for
1:40:11today is the I'm sorry yes yes
1:40:29so Corrections in the Orange County
1:40:31Sheriff's Office have just advised me
1:40:33that the concern is is if makeup is a
1:40:35fix and then she's taken back downstairs
1:40:37and then taken back to the Orange County
1:40:39Jail they don't know if it's Contraband
1:40:41they don't know what's placed on her
1:40:42person that's the concern just going to
1:40:44be some facial makeup I understand but I
1:40:47don't I don't see doc and and and
1:40:51sheriff's officer telling me they can't
1:40:52do it because of the concerns that were
1:40:55just
1:40:57outlined after she's returned to the
1:41:01Orange County jail
1:41:03facility
1:41:05okay okay all right you'll get an order
1:41:08with regard to the restraints no later
1:41:09than tomorrow moving now to the state's
1:41:12request for protective order I've
1:41:13reviewed
1:41:16that I need more I need to understand
1:41:20what you're looking at Mr Owen with
1:41:23regard to these custodians and
1:41:25supervisors at the state attorney's
1:41:27office I I did not realize that was
1:41:29going to be addressed today yes my ja
1:41:32had emailed all y'all I think last week
1:41:35after it was filed that said this would
1:41:36be added to the hearing for I guess that
1:41:39was filed on Monday forgive me I had
1:41:41emailed y'all and said that it would be
1:41:42addressed
1:41:47today that was relating to me subing the
1:41:51en listing the uh I think it was the
1:41:54it's the third amended witness lists
1:41:56lists certain people as Witnesses
1:41:58custodian of Records Orange County
1:42:00Office of State Attorney domestic
1:42:01violence supervisor for the Office of
1:42:03the State Attorney victim Advocate
1:42:04supervisor for the Office of the State
1:42:06Attorney and misdemeanor supervisor for
1:42:08the Office of the State Attorney and the
1:42:10state is Seeking a protective order on
1:42:12the grounds that it's work product or
1:42:14opinion
1:42:15product uh and requiring prosecutors to
1:42:19um disclose work product and impede
1:42:21criminal prosecutions is is violative of
1:42:24Florida law judge as you know um we have
1:42:28filed our notice of intent for battered
1:42:30spouse syndrome in conjunction with um
1:42:34self-defense and we have listed and plan
1:42:37to introduce the fact that George Torres
1:42:39had been arrested I think three or four
1:42:41times prior to this
1:42:43event and I think on three of those
1:42:46cases uh the case was dismissed
1:42:49against Mr Torres and it's going to come
1:42:53out that Sarah Boon had requested the
1:42:56charges be
1:42:58dismissed and I believe it's going to
1:43:00come out probably through expert
1:43:01testimony that that's one of the
1:43:03conditions or that's one of the things
1:43:04that they try to do Bond you out of De
1:43:07and then get the charges dismissed as a
1:43:10battered spouse that's a common
1:43:13theme so ultimately the jury is going to
1:43:16hear about that but the jury needs to
1:43:18know it's the ultimate position the
1:43:21victim doesn't have the final say it's
1:43:23the ultimate position from the state
1:43:24attorney's office as to whether to
1:43:26prosecute a case or to drop a case yes
1:43:29they are to consider what the victim
1:43:32wants and they are to consider their
1:43:35requests but
1:43:36ultimately uh the state
1:43:38attorney has to make that
1:43:41decision about whether a case is
1:43:43dismissed what are you going to be
1:43:44asking from these persons that how would
1:43:48that not be protected by work
1:43:50product to whether or not it was a de
1:43:52out comes out that she went down there
1:43:54and requested the charges be dropped and
1:43:56they were dropped then that gives the
1:43:59impression that she had the power and
1:44:00authority just to come down to the state
1:44:02attorney and ask the charge to be
1:44:03dropped and they would when in fact the
1:44:05ultimate call is the state attorney's
1:44:07office they don't have to drop cases
1:44:09even if a victim claims they do so just
1:44:12that decision by the state attorney to
1:44:14drop it was their decision they
1:44:17considered the victims but it was their
1:44:20decision to drop it and their power and
1:44:21authority to do so not the victim's
1:44:24Authority okay
1:44:30response Jud that's a pinion work
1:44:33product that is absolutely protected
1:44:36um I don't understand why he believes
1:44:39that arrests and dismissals are relevant
1:44:43what is relevant in a self-defense case
1:44:46is if the defendant is aware of specific
1:44:50instances of violence that the victim
1:44:52has committed
1:44:54or reputation evidence that can come in
1:44:57from anybody and it does not matter
1:44:59whether the defendants aware of it uh
1:45:02the notion that this sort of evidence
1:45:04would be admissible much less through
1:45:06the vessel of sworn prosecutors and they
1:45:09have now gone ahead and named people who
1:45:12aren't even involved with the cases uh
1:45:15um Matthew Storch Christina Mills and um
1:45:19Aaron Mccalla our head victim Advocate
1:45:22have all now uh I learned while we were
1:45:24at the jail this afternoon been served
1:45:26with subpoenas by the defense and we are
1:45:28moving to quash those um prosecutors and
1:45:32victim Advocates and other support staff
1:45:34cannot be forced to come in and say why
1:45:37they dropped a case that is opinion work
1:45:40product and if they want to get public
1:45:43records about these cases and try to get
1:45:47them moved into evidence then they have
1:45:48to do public records requests or compel
1:45:52Discovery from the State Attorney's
1:45:53office which I believe we all have I
1:45:55believe I mean the state has just been
1:45:58dropped with her medical records that
1:46:01investigator Lane got in
1:46:032021 even though they keep on saying in
1:46:06their amended Discovery exhibits they
1:46:08don't even have this evidence we got
1:46:10dropped last Friday the Aspire records
1:46:13and the Advent health records um that
1:46:16have documentation that Billy Lane
1:46:18picked them up in 2021 so the defendants
1:46:21had these things that are getting
1:46:22dropped on the state for years and we're
1:46:25just getting dropped on us this Friday
1:46:27and now we are having to combat
1:46:29subpoenas and requests for
1:46:33documents
1:46:34um it is a pinion work product the
1:46:37people that they have listed didn't
1:46:39handle those cases or make those
1:46:40decisions but that is the ultimate
1:46:42protection is why we Dro these cases and
1:46:47it's it's up to defendant if she wants
1:46:49to come in and say yeah I asked to to
1:46:51get these cases dropped I mean that
1:46:53evidence is coming in anyways through
1:46:55her phone extraction she is immediately
1:46:59working to bail the victim out she's
1:47:01immediately working on dropping charges
1:47:03in fact there's a video of her coaching
1:47:06the victim on how to drop charges
1:47:08against her on her phone um so all that
1:47:11evidence is going to come in but it
1:47:13cannot be coming in through a pinion
1:47:15work product of the assistant State
1:47:17Attorneys and and our support staff any
1:47:20further argument no I I didn't make the
1:47:22argument
1:47:24I did not make the argument that the
1:47:26state attorney was going to be called to
1:47:27ask why they dropped
1:47:29it as he just referred to where they had
1:47:33to explain why the case was dismissed no
1:47:36the reason for that is just to explain
1:47:38that they have the ultimate power to
1:47:40dismiss not not the victim in a case not
1:47:44why we chose to drop three cases against
1:47:48George Torres but they have the ultimate
1:47:51Authority the victim does not control
1:47:53the case the state attorney
1:47:57does you have a written order on the
1:47:59motion protective ordered for tomorrow
1:48:00as by tomorrow as well anything else
1:48:02State we need to
1:48:04address it appears uh and again been
1:48:08conducting motions all afternoon it
1:48:10appears that we are set to allow the
1:48:13defense to depose our battered spouse
1:48:16syndrome expert at 10: a.m. tomorrow
1:48:18yeah and that will be done virtually
1:48:20with regard to the deposition of Dr
1:48:23Brandon the deadline is tomorrow that's
1:48:25set at 3 p.m. okay that's still set at 3
1:48:27p.m. yes there will likely be a pending
1:48:29motion to strike if his testimony is
1:48:32duplicative um with Dr Harper's my
1:48:35understanding from the defense is he's
1:48:36just going to explain what battered
1:48:38spouse syndrome is it's unclear why or
1:48:41how that would be different than Dr
1:48:43Harper explaining that is that taking
1:48:45place here or is that taking place in
1:48:46South Florida virtually unfortunately
1:48:48due to time constraints I cannot be
1:48:50everywhere at all times okay all right J
1:48:54and then on Dr Brandon's deposition yes
1:48:57it's set for three I'm just learning now
1:48:59that uh the expert is going to be
1:49:02available at 10: all's expert by zoom
1:49:05and we did talk about that at the jail
1:49:07trying to schedule something for
1:49:09tomorrow so she just evaluated Sarah
1:49:12Boon from noon to 2 and then I'm going
1:49:14to take her deposition at 10 tomorrow
1:49:16morning by
1:49:17Zoom um and then we're taking Dr
1:49:21Brandon's deposition they file some type
1:49:23of motion about that and of course I'm
1:49:25going to respond we're going to need to
1:49:26have a hearing on
1:49:28that okay if go ahead I'm sorry those
1:49:32two things are the only two things that
1:49:33I believe we have left prior to jury
1:49:36selection on Monday okay if any motions
1:49:39are filed by anyone moving forward
1:49:41please favor a copy to my judicial
1:49:43assistant upon filing and if there's any
1:49:46Authority that you intend on arguing
1:49:47that's not cited in the motion please
1:49:49provide me that Authority as well
1:49:51although it is a cour holiday the court
1:49:53will be working tomorrow I will endeavor
1:49:55to get you written orders on all of
1:49:56these things no later than the close of
1:49:57business hopefully earlier than that by
1:49:59tomorrow on Monday morning state if you
1:50:02could please bring a copy of the score
1:50:04sheet so that when I cqu miss Boon prior
1:50:06to trial about the charge the potential
1:50:09penalties everybody's on the same page
1:50:11as to what those are okay yes and if
1:50:13y'all could send me that I'll go out to
1:50:14the jail I'm going to be here if you
1:50:16could favor him a copy of that tomorrow
1:50:18or Friday so that he has the opportunity
1:50:20to review that score sheet with Miss
1:50:21Boon in advance
1:50:23yes and we're going to be filing a
1:50:25motion in Limon to exclude the battered
1:50:27spouse syndrome testimony that will need
1:50:29to be addressed just waiting to see now
1:50:31how the depositions pan out tomorrow but
1:50:33based on what we witnessed this
1:50:35afternoon it's the state's position that
1:50:37we're going to need to file a motion
1:50:38eliminate okay all right appreciate it
1:50:40all right thank you all very much we'll
1:50:41address scheduling of any motions
1:50:44on Monday and it may be a circumstance
1:50:47whereas the court had identified earlier
1:50:49that we're just going to be looking at
1:50:51cause issues and what people may know
1:50:53about this case that'll have be
1:50:55happening before we turn it over to you
1:50:57all uh which would include Mr Owens your
1:51:00opportunity to V dire on any defenses
1:51:03that may be being raised in this case so
1:51:05it may be we may get a panel and then
1:51:08ask them to come back later in the week
1:51:09so that we can have those motions after
1:51:11we get that panel of of 50 once we deal
1:51:14with all the cause challenges okay all
1:51:16right thank you all very much we'll see
1:51:17you Monday morning at 9:00 a. course and
1:51:20re us thank you
1:51:31can you take

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