GUILTY FL - Sarah Boone, 42, charged with murdering boyfriend Jorge Torres, 42, by leaving him locked in suitcase, Winter Park, Feb 2020 #3

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  • #1,061

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Case Type: Criminal Felony
Date Filed: 2/25/2020
Location: Div 20
UCN: 482020CF002603000AOX
Judge: Michael S Kraynick
Status: Open


SARAH BOONE 10/10/1977 DefendantJAMES OWENS
STATE OF FLORIDA Plaintiff
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HEARING - Sentencing - Kraynick, Michael S
Motion for New Trial
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12/02/2024​
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11/04/2024

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  • #1,062
I am not a lawyer.

However, I agree Sarah Boone should be re-tried. For first degree murder.

I think she planned to end JT's life and it was premeditated. Some of the stuff she came out with under her changed plea account could have facilitated the state to prosecute for that.

JMO MOO
 
  • #1,063
Even if she won she would have sued the state for emotional distress. Remember she is a very intelligent person that society should respect. The 4H and everything…
 
  • #1,064
I guess the lawyer is still in play till the sentencing. Wonder if he sticks around after that,
 
  • #1,065
I guess the lawyer is still in play till the sentencing. Wonder if he sticks around after that,
He made a public statement to say that he would not be representing her in the future. But she may be able to manipulate him.
 
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  • #1,066
He made a public statement to say that he would not be representing her in the future. But she may be able to manipulate him.

According to Lawyer You Know, link posted up thread, the trial lawyers always file for a re-trial using any possible grounds that might work, it's usual. The arguments made will be considered by Judge Kraynick and it isn't likely to be successful (my words, not LYK).

The Appeal is filed by a different type of lawyer who is trained and experienced in preparing appeals.

James Owens already said he would not be the one working on an Appeal for SB and that's probably not because he's stepping off the job so much as it's not his area of expertise.
 
  • #1,067
According to Lawyer You Know, link posted up thread, the trial lawyers always file for a re-trial using any possible grounds that might work, it's usual. The arguments made will be considered by Judge Kraynick and it isn't likely to be successful (my words, not LYK).

The Appeal is filed by a different type of lawyer who is trained and experienced in preparing appeals.

James Owens already said he would not be the one working on an Appeal for SB and that's probably not because he's stepping off the job so much as it's not his area of expertise.

I'll be curious to see how it goes for her having a public defender appeal attorney. Will she run through them, too, like she did with her public defender trial attorneys? Unless she somehow gets a private appeal attorney willing to work for her...
 
  • #1,068
I'll be curious to see how it goes for her having a public defender appeal attorney. Will she run through them, too, like she did with her public defender trial attorneys? Unless she somehow gets a private appeal attorney willing to work for her...

Unlike a trial attorney, SB would have little to argue or agree with an appellate lawyer given the nature of the process. Appealing a verdict is not a "do-over" of your case. It requires minimal input from SB as it's based on elements of law that she has no knowledge of. In other words, an appeal is not a chance to retry the case because SB didn't like the outcome; the appellate court will only overturn the verdict if they find a substantial legal error that likely impacted the outcome.
 
  • #1,069
Unlike a trial attorney, SB would have little to argue or agree with an appellate lawyer given the nature of the process. Appealing a verdict is not a "do-over" of your case. It requires minimal input from SB as it's based on elements of law that she has no knowledge of. In other words, an appeal is not a chance to retry the case because SB didn't like the outcome; the appellate court will only overturn the verdict if they find a substantial legal error that likely impacted the outcome.

It’s her…she is the legal error to the legal system.

Seriously though she is a liability. To waste time going through that many attorneys was a waste of time and resources.

The judge went the distance, plus some to make sure she wouldn’t have any reason to claim she was treated improperly.
 
  • #1,070
Unlike a trial attorney, SB would have little to argue or agree with an appellate lawyer given the nature of the process. Appealing a verdict is not a "do-over" of your case. It requires minimal input from SB as it's based on elements of law that she has no knowledge of. In other words, an appeal is not a chance to retry the case because SB didn't like the outcome; the appellate court will only overturn the verdict if they find a substantial legal error that likely impacted the outcome.

IIRC, some of her previous public defense attorneys quit because she was just intolerable, calling them and harassing them endlessly. Even if she has little to no input on the appeal process, I could see them being driven absolutely nuts by her behavior and demands on them.
 
  • #1,071
Recalling Judge Kraynick's calm command of his courtroom and how fortunate this was for all -- especially after reading about this Ohio case where a defendant guilty of stabbing his mother to death is getting a new trial after the Judge failed to inform the defendant (Amburgy) of his constitutional rights during his 2023 plea hearing. Here, the man was so disruptive in court and the Judge was distracted and forgot.

 
  • #1,072
  • #1,073

12/1/24

[..]

Owens previously told reporters he believes Boone is likely to appeal and that he will not be representing her if she does so. He has already filed a motion for a new trial with Kraynick, which is separate from an appeal. The motion makes five arguments which could be used in an appellate filing:

  • The court was mistaken in revoking Boone’s right to a court-appointed attorney (Kraynick revoked Boone’s right to a court-appointed attorney in June because her antagonism and hostility had led eight previous attorneys to quit).
  • The court was mistaken in denying Owens’ multiple motions to delay the case (the case had been delayed 16 times prior to Owens’ representation of Boone, and Kraynick declined to delay it further).
  • The court was mistaken in failing to grant a new trial after an emotional outburst from Torres’ family in the presence of the jury (Torres’ mother audibly wept during closing arguments when the prosecution played a video of Boone taunting Torres while he says he can’t breathe in the suitcase; Owens unsuccessfully motioned for a mistrial because of it).
  • The court should have disallowed Werner’s testimony after the prosecution failed to disclose before trial that she had formed a new opinion (Owens claimed Werner’s trial testimony went beyond her pre-trial deposition on the question of whether Boone perceived an imminent threat at the time of Torres’ killing).
  • The prosecution committed misconduct by essentially making a second closing argument instead of a rebuttal argument.
NeJame expects the strongest avenue for appeal is Werner’s alleged change of opinion.

“Of course she will appeal and appeal and appeal in great likelihood,” NeJame said.

Boone’s sentencing hearing will begin at 1:30 p.m. Monday at the Orange County Courthouse in Orlando.
 
  • #1,074
Questions:

Is it tomorrow when the family read their victim impact statements?

Does SB have to be present for victim statements and also the sentencing hearing?
 
  • #1,075
Questions:

Is it tomorrow when the family read their victim impact statements?

Does SB have to be present for victim statements and also the sentencing hearing?

Reportedly, the hearing could take all day if not longer. We will likely hear from both the expert witnesses as well as JT's family and SB's family if applicable. JMO

Mishali, who successfully defended a client facing a first-degree murder charge in her husband’s killing using Battered Spouse Syndrome, says she expects a lengthy hearing that could take an entire day or more. She estimates Boone will probably get around 25 and 35 years in prison, but said it is not uncommon for someone convicted of second-degree murder to be given a life sentence.
 
  • #1,076
Questions:

Is it tomorrow when the family read their victim impact statements?

Does SB have to be present for victim statements and also the sentencing hearing?
If she appears, I think we can be certain

-- see won't be wearing a skirt
-- no professional hair and make-up
-- no contraband eyeliner
-- no smart flats
-- no street clothes at all
-- no staplered fashion pants

Just regular old Sarah Boone, empty of empathy, full of...herself.

She showed JT no mercy. I hope the judge shows her the same.

JMO
 
  • #1,077
If she appears, I think we can be certain

-- see won't be wearing a skirt
-- no professional hair and make-up
-- no contraband eyeliner
-- no smart flats
-- no street clothes at all
-- no staplered fashion pants

Just regular old Sarah Boone, empty of empathy, full of...herself.

She showed JT no mercy. I hope the judge shows her the same.

JMO

I agree! Although suspect she may not attend if she can opt out.

I wonder how her demeanor will be, if she attends. No more smirking and chatting maybe.
 
  • #1,078
I agree! Although suspect she may not attend if she can opt out.

I wonder how her demeanor will be, if she attends. No more smirking and chatting maybe.

Given SB has a growing list of reasons for appeal, I don't see her missing the sentencing hearing!

SB is going to want to add how the PSI report was wrong-- as well as her sentence being unconstitutional-- sure to cite she was offered only 15 years in a plea agreement that she failed to accept. She's going to want to be in Court to get those things on the record.

The idea of SB allowing Owens to speak for her without her supervising his every word is not going to happen! JMO
 
  • #1,079
Given SB has a growing list of reasons for appeal, I don't see her missing the sentencing hearing!

SB is going to want to add how the PSI report was wrong-- as well as her sentence being unconstitutional-- sure to cite she was offered only 15 years in a plea agreement that she failed to accept. She's going to want to be in Court to get those things on the record.

The idea of SB allowing Owens to speak for her without her supervising his every word is not going to happen! JMO

Oh yes this is all so true! Control freak cannot operate remotely from her jail cell whilst everyone talks about her in court.

I think the guilty verdict may have hit her hard, or maybe that's wishful thinking.

I was reviewing some pictures and videos of her in court and IMO she was showing clear signs of duper's delight and also triumphant facial expressions since the time when the plea was changed to BSS. Joyful even. Maybe she thought she was getting away with murder *and* achieving supreme victim status in one fell swoop, a Narc delight.

JMO
 
  • #1,080
An 8 page Pre-Sentence Investigation has been uploaded on the Orange County court records website in Sarah's case but it's confidential so I can't open the document. Maybe it'll be made public after the sentencing is completed?

A question about logistics: Sarah's sentence will include relocation from the Orange County jail to a womens prison. But if she appeals (and appeals and appeals and appeals...), does she do that from the new prison she's sent to or will she remain at the Orange County jail for the appeals phase?
 
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