FL - Sarah Boone, 42, charged with murdering boyfriend Jorge Torres, 42, by leaving him locked in suitcase, Winter Park, Feb 2020

[acehard]

Without the BSS, the defense would be agreeing with the state that it's an accident because she's not denying what happened. They're trying to use BSS as to 'why' it happened the way it did to try sway at least one jury member. IMO

 

[nodamselindistress]

If I understood Peter's interpretation he is saying the Judge is allowing BSS FOR NOW but that could change once more evidence comes in. I think the biggest deal in this case is not that she zipped him in the suitcase but that she taunted him when he was begging to get out and then passed out due to the "one bottle of wine" (LOL). I suppose they are going to try to explain that away with BSS?

 

[Observe_dont_Absorb]

Without the BSS, the defense would be agreeing with the state that it's an accident because she's not denying what happened. They're trying to use BSS as to 'why' it happened the way it did to try sway at least one jury member. IMO

I don't understand?

The defence are not stating it's an 'accident' but they're also not pushing for pre-meditated, planned, intentional, murder.

Being responsible for an accidental death is a whole different thing, isn't it?

 

[Observe_dont_Absorb]

What I don't understand is how SB's defence are going to account for all her prior interviews with LE and conversations with others. She spoke a lot, for a long long time in the interview room as well as on body cam. She also must have spoken to many other professionals, including all her previous lawyers, about what happened. She's also no doubt had conversations with her ex-husband, her son, random friends, maybe in writing, recorded over the phone, or in person if they've visited her.

Is the defence now going suggest that everything she has said to all previous persons was a fabrication? Would her previous lawyers and her ex-husband even be called in to testify that she's radically altered her story after 4.5 years? JMO MOO

 

[KSwizzle]

Her lawyer argued they didn’t properly read her the Miranda rights and therefore her police interview should be inadmissible, didn’t seem to fly with the judge though

 

[sasha17]

Her lawyer argued they didn’t properly read her the Miranda rights and therefore her police interview should be inadmissible, didn’t seem to fly with the judge though

At the end of yesterday's hearing, Owens says he'll be filing for another hearing to address whether or not the 2 hour interrogation is admissible. In today's Lawyer You Know video (linked above), Peter says the judge could determine all or part of it is not admissible but it'll depend on a lot of different factors. I'm looking forward to seeing what Owens writes in a motion for this and then hearing the judge dig into that.

 

[nodamselindistress]

It is a strange case that just keeps getting stranger.

 

[acehard]

I don't understand?

The defence are not stating it's an 'accident' but they're also not pushing for pre-meditated, planned, intentional, murder.

Being responsible for an accidental death is a whole different thing, isn't it?

I see what you're saying. The State charged her with 2nd degree murder. She told police that Torres died in the suitcase while the two were playing hide-and-seek after a night of drinking. She claims she can't remember anything after that. The video footage shows that she was aware he was dying.

“Yeah, that’s what you do when you choke me,” Boone then tells her boyfriend in the video, according to an affidavit as Torres continues desperately trying to free himself from the suitcase, telling his girlfriend he could not breathe.

I guess her defense is, they were drunk playing and she passed out. Then semi-consciously her BSS kicked in and allowed him to die. So accident + BSS. IMO

 

[Cool Cats]

Owen said something along the lines and I'm paraphrasing, I basically shut down my practice to do this case and I thought, this is your only case right now and you still can't put a date on a document, have your documents in order, know what you're going to argue when you know one of the items is BSS

What a mess

Guess his legal assistant is on vacation.

 

[Observe_dont_Absorb]

I see what you're saying. The State charged her with 2nd degree murder. She told police that Torres died in the suitcase while the two were playing hide-and-seek after a night of drinking. She claims she can't remember anything after that. The video footage shows that she was aware he was dying.

“Yeah, that’s what you do when you choke me,” Boone then tells her boyfriend in the video, according to an affidavit as Torres continues desperately trying to free himself from the suitcase, telling his girlfriend he could not breathe.

I guess her defense is, they were drunk playing and she passed out. Then semi-consciously her BSS kicked in and allowed him to die. So accident + BSS. IMO

From what I understand by watching the court videos and various legal youtubers, BSS relies on the defendant claiming they intentionally / reactively killed their abuser because they were so mentally feeble or desperate as a result of enduring abuse. Now IANAL and it is for the defence to put their case, the judge to oversee the case, and the jury to make up their minds.

However, for 4.5 years it seems to be that SB has stated they had a beautiful day of art and crafts, nobody laid a finger on anyone and she simply fell asleep, she wasn't drunk, they played a game of hide and seek, she went to bed, waking up to find JT deceased, a shocking situation that made her distraught with grief so she said. That his death was unintentional.

Her own sustained version of events directly conflicts with the videos she created, that seemingly she's been refusing to look at and acknowledge. Now she's finally having her moment in court and the story has radically changed. We will have to wait and hear her testify but the videos still conflict with any credible story IMO and it certainly directly conflicts were her accounts to the present time. I'm not sure how she can recover this situation, if at all.

 

[acehard]

From what I understand by watching the court videos and various legal youtubers, BSS relies on the defendant claiming they intentionally / reactively killed their abuser because they were so mentally feeble or desperate as a result of enduring abuse. Now IANAL and it is for the defence to put their case, the judge to oversee the case, and the jury to make up their minds.

However, for 4.5 years it seems to be that SB has stated they had a beautiful day of art and crafts, nobody laid a finger on anyone and she simply fell asleep, she wasn't drunk, they played a game of hide and seek, she went to bed, waking up to find JT deceased, a shocking situation that made her distraught with grief so she said. That his death was unintentional.

Her own sustained version of events directly conflicts with the videos she created, that seemingly she's been refusing to look at and acknowledge. Now she's finally having her moment in court and the story has radically changed. We will have to wait and hear her testify but the videos still conflict with any credible story IMO and it certainly directly conflicts were her accounts to the present time. I'm not sure how she can recover this situation, if at all.

Oh yeah totally agree that proving this in court is a whole different story. I was merely explaining why the judge would allow this defense.

She has maintained that Torres’ death was an accident after a night of drinking.

Don't know what substances and volume were ingested. Were there videos before he was zipped in?

 

[JosieMae]

No matter what defense is put forth, the video tells the real story. She simply cannot overcome that. Ever. Similar to Jodi Arias, she provides the jury with the crime scene recording.

Has there been a motion to suppress the suitcase video(s)? IIRC, Sarah voluntarily handed her phone over to LE.

 

[Cool Cats]

No matter what defense is put forth, the video tells the real story. She simply cannot overcome that. Ever. Similar to Jodi Arias, she provides the jury with the crime scene recording.

Has there been a motion to suppress the suitcase video(s)? IIRC, Sarah voluntarily handed her phone over to LE.

Yup. Handed phone over voluntarily and this is documented, no need for search warrant.

SB said several times that they, she and Jorge, did not touch each other, go at each other, just having a fun time.

Too late to now say he was abusing her and she had to lock him away.

I just wonder how many years she will get after time served.

2 Cents

 

[Observe_dont_Absorb]

No matter what defense is put forth, the video tells the real story. She simply cannot overcome that. Ever. Similar to Jodi Arias, she provides the jury with the crime scene recording.

Has there been a motion to suppress the suitcase video(s)? IIRC, Sarah voluntarily handed her phone over to LE.

Yes, as I understand it, her lawyer is trying to argue that the phone footage and her statements to detectives were wrongly obtained. That her Miranda rights weren't fully and correctly read out to her and that the phone was obtained via some incorrect method.

 

[Observe_dont_Absorb]

Yup. Handed phone over voluntarily and this is documented, no need for search warrant.

SB said several times that they, she and Jorge, did not touch each other, go at each other, just having a fun time.

Too late to now say he was abusing her and she had to lock him away.

I just woner how many years she will get after time served.

2 Cents

Could it be argued that SB was the long term abuser?

I speculate that she had manipulated him to becoming financially dependent on her and her home for somewhere to live. I think it was JT's brother who said SB would come and fetch him back from his mother's home every time he separated from SB. JT's mother stated that unfortunately he was in the grips of alcoholism, so it seems that himself and SB had a shared addiction - was SB financing and facilitating this, ie he was also chemically dependent on the relationship? We know she mis-used emergency services against him and also made false claims about him to LE, also on one occasion had seemingly set him up for an allegation of bank fraud when he was using her bank card at the shop by mutual agreement.

We also know that SB's alcoholism and alcohol fuelled rage / violence pre-dates her relationship with JT as her ex-husband reports the same. We know that SB has now caused the death of JT. Worse, she even has previous for putting a human being inside the suitcase - her own son.

If anyone had BSS was it JT and not SB?

 

[Cool Cats]

Could it be argued that SB was the long term abuser?

I speculate that she had manipulated him to becoming financially dependent on her and her home for somewhere to live. I think it was JT's brother who said SB would come and fetch him back from his mother's home every time he separated from SB. JT's mother stated that unfortunately he was in the grips of alcoholism, so it seems that himself and SB had a shared addiction - was SB financing and facilitating this, ie he was also chemically dependent on the relationship? We know she mis-used emergency services against him and also made false claims about him to LE, also on one occasion had seemingly set him up for an allegation of bank fraud when he was using her bank card at the shop by mutual agreement.

We also know that SB's alcoholism and alcohol fuelled rage / violence pre-dates her relationship with JT as her ex-husband reports the same. We know that SB has now caused the death of JT. Worse, she even has previous for putting a human being inside the suitcase - her own son.

If anyone had BSS was it JT and not SB?

What matters is what she did or didn't do to cause his death that specific night and she emphasized they were doing great and not putting hands on each other and playing around and not in fear of each other.

The defense can cry BSS, ABC, 123, whatever they want and I do not think the jury will care after they see her interviews and the tape of her taunting him. Very damning is the video showing she had moved the suitcase with him in it, torturing him in my opinion.

Apparently turning it over, dragging it around, taunting him.

2 Cents

 

[Observe_dont_Absorb]

What matters is what she did or didn't do to cause his death that specific night and she emphasized they were doing great and not putting hands on each other and playing around and not in fear of each other.

The defense can cry BSS, ABC, 123, whatever they want and I do not think the jury will care after they see her interviews and the tape of her taunting him. Very damning is the video showing she had moved the suitcase with him in it, torturing him in my opinion.

Apparently turning it over, dragging it around, taunting him.

2 Cents

I agree and for this reason I sincerely hope there is no technical reason why any of the footage and interview recordings cannot be legally admissible in the court for the judge and jury to view.

 

[steeltowngirl]

I’m calling BS on SB’s BSS.

 

[Izzylizzy]

Live now.

 

[sasha17]

Attorney Owens just filed his motion to suppress the 2 hour interrogation video. The written motion doesn't give much more detail than he gave verbally during the last hearing. His issue is that during the detective's interview with Sarah on scene the day Jorge died and the interview in the interrogation room a day later, the detective who read Sarah her Miranda rights (same female detective, both times) failed to ask the question: "Having these rights in mind, do you wish to talk to us now?" Since the detective didn't ask this question, Owens wants the 2 hour interrogation video suppressed. Interestingly, he doesn't ask to suppress the bodycam video of the first interview that took place with Sarah on scene.

Separately, the state filed a motion last week asking for written reports of findings from Dr. Brannon and Dr. Berkland (two experts hired by the defense) to be produced to them by 9/26. These experts were just appointed on 9/18 so the state hasn't had an opportunity to do depositions with them. The defense also doesn't list either of them on their witness list (my note: although we heard previously that the defense has until 9/26 to file their final witness list). For these reasons, the state wants the two experts to provide written reports by 9/26 for the state to review. The judge filed a response today saying the motion is denied. He didn't provide any reason or explanation.

Orange County Clerk of Courts Records Search