Law&Crime Sidebar - Sarah Boone Suffers Major Loss in Court Ahead of Suitcase Murder Trial

Episode Date: October 4, 2024

The Florida woman accused of zipping up a suitcase with her boyfriend inside heads to trial next week. Ahead of that, her defense attorney tried to get a huge piece of evidence against his client thrown out. Boone claims she didn’t know her rights when police questioned her, but the detective doing the interview says that’s not the case. Law&Crime’s Elizabeth Millner breaks down the arguments and the judge’s ruling.PLEASE SUPPORT THE SHOW: If you’re ever injured in an accident, you can check out Morgan & Morgan. You can submit a claim in 8 clicks or less without having to leave your couch. To start your claim, visit: https://www.forthepeople.com/LCSidebarHOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger and Christina FalconeScript Writing & Producing - Savannah WilliamsonGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wonderly Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wonderly Plus in the Wondery app Apple Podcasts or Spotify. Agent Nate Russo returns in Oracle 3, Murder at the Grandview, the latest installment of the gripping Audible Original series. When a reunion at an abandoned island hotel turns deadly, Russo must untangle accident from murder. But beware, something sinister lurks in the grand. View Shadows. Joshua Jackson delivers a bone-chilling performance in this supernatural thriller that

will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. Any further witnesses, evidence or testimony, sir. What you like to call Sarah Boone? Sarah Boone, the woman accused of zipping her boyfriend up in a suitcase and filming him as he struggled for air. Says her interview with police should be thrown out. She testified in court this week that her rights were violated and that she didn't understand what was going on inside that interrogation room. We got everything you need to know

from the Florida defendant's most recent court hearing. Welcome to Sidebar presented by law and crime. I'm Elizabeth Milner in for Jesse Weber. The case against 46-year-old Sarah Boone is finally getting closer to a trial in Orlando, Florida. Boone was arrested in February of 2020 when her boyfriend George Torres was found dead inside a small suitcase in their apartment. Boone claimed they had been drinking and playing hide-and-seek when Torres got into the suitcase. She claimed she forgot he was in there and fell asleep. She got up hours later. Torres was dead. But Boone's story that it was all a terrible accident was questioned when detectives found videos on her phone of her taunting Torres while he was in the suitcase.

for everything you've done to me for everything you've done to me so for everything you've done to me so you jury selection is expected to begin in the case next week so the attorneys have been hammering out last minute motions with the judge including wanting to throw out an interview boom did with police actor torres was found dead as well as a motion to allow boon to wear makeup and civilian clothes during trial so let's take you back to february of 2020 When the investigation first started, Orlando detectives spoke with Boone at the scene in their police car, and she agreed they could take her phone. She claims when she contacted them to get her phone back the next day, they tricked her into coming to the station for an interview, where her attorney argues she wasn't properly Mirandized. Here's some of what she had to say in that two-hour interview.

My intention was not to leave him in there. Please understand that. My intention was not to leave him in there. But you went upstairs thinking that he could get himself out, but the video shows at no point when I see his fingers. He'll be up there any minute. And then 30 minutes later, he didn't show. And he's telling me.

And I can't breathe. Do you think he's joking? You told me he was laughing. We were before. The video, there's no laughing. We first got in there? Both of us were. So how long was he in there for?

Like, this video is at 1112 when it starts, so was he in there for, like, a long time prior to you recording this? No. No. So it goes from funny to no longer funny, because you're the only one laughing. But I didn't think that he was, like, panicky. Like, I didn't, I... So pushing up on a suitcase saying Sarah, Sarah, Sarah, Sarah. I can't breathe.

George has done that in the past before, too, where it's just. like he thinks that he's woe is me kind of thing where it's like I don't think he's never been locked in a suitcase but no you couldn't get out so it's kind of I thought it was a boy crying wolf kind of thing okay and again my plan but nowhere in there is he laughing if he joking he is begging and you're the only one laughing okay and you're the only one saying derogatory comments like you're mad no every day we cover a lot of chilling stories, just like Sarah Boone's case on sidebar and law and crime. And it just goes to show just how terrifying and unpredictable the world can be.

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and get the money you deserve? Seeing if you can have a case can be done in eight clicks or less, you don't even have to leave your couch. Also, there's a $0.0 and zero cent up front fee. You only pay them if you win. So if you're injured, you can easily start a claim at for the people.com slash LC sidebar or click the link in the description and pinned in the comments. The main argument for throwing out the statements is that Boone's attorney says that the lead homicide detective Chelsea Copsle didn't properly warn Boone that her statements could be used against her in court. The detective took the stand and answered defense attorney James Owens' questions. She confirmed that she did read Boone her Miranda rights that day in 2020. Those are the

typical ones we all know, right to remain silent, right to an attorney, etc. The Orange County Sheriff's Office gives deputies a specific card to read from, which also includes the questions, has anyone threatened you or promised you anything to get you to talk to me? And do you understand what I just read to you? Then there's what the attorney repeatedly refers to as the ninth question. That's the question having these rights in mind, do you wish to talk to us now? It was determined that Detective Copsle had an outdated card, so she didn't intentionally leave it out. The state objected to Owen's arguments many times, saying that based on established case law, the detective doesn't have to say that, and things got a little bit testy in the courtroom. And again,

under the case law, there's no requirement for this question nine. Under any state case law regarding the Florida state constitutional right to not be compelled to testify against oneself, nor any federal or state case law regarding the United States Constitution. The Fifth Amendment applied to this state through the 14th Amendment that requires that question to be read. It does not go to the totality of the circumstances of the voluntariness of her waiver for Miranda rights. Your response. Judge, you know, obviously we disagree.

Then where's the case that supports that? Because as I addressed previously, I read all the authorities. I mean, State v. Owens. State v. Thomas, Powell from the United States Supreme Court, which reversed the Florida Supreme Court decision, I'll talk about what's required by Miranda, and that question number nine that you're focusing on isn't included in any of those. I understand that, Judge. It's the right to remain silent, the right to an attorney, before and after questioning? If you can't afford one, one will be provided to you.

Everything you say, can it will be used against you. Those are the things that Miranda highlights. That the Miranda opinion itself says that. So what is question number nine have anything to do with those things if the state case law and the federal case law, including but not limited to Miranda itself and Powell? And then the state case law of Thomas and Owens, all of which were provided either by yourself or by the state, identify what's required and that's not one of the requirements. She has a duty to read the rights.

But they were. I want to finish my argument. Okay. She has a duty to read the rights. She has an obligation to ensure that Sarah Boone understands her rights by asking that question. Do you understand the rights I've just written? And then there must be a waiver. Yes, I understand the rights, and I agreed to speak to you now.

So for that to be freely and voluntarily given, that statement, there must be a conscious waiver of the rights. The problem with the detective is she reads the rights, do you understand the rights, and then she goes right into questioning, she goes right into questioning without saying, do you agree to speak to me? Understanding your rights, do you agree to speak to me now? That goes directly to whether or not it was freely, voluntarily, and knowingly given the statement. and whether that waiver was. So under the totality of the circumstances, I think that evidence is relevant. It's the policy of the Sheriff's Department.

Obviously, she had an old Miranda rights form, but she failed to read what we perceive as a critical question, and she's going to testify about what she perceived at the time that the detective failed to read that question and how it ties into the case. I understand that all they have to read is those four. think under the totality of the circumstances standard that this court has to apply, that that should be a consideration the court should consider. I know it was an honest mistake. She had an old card, but still, I feel like it should be considered in your decision.

Detective Copsle was the only witness called by the state. When it was the defense's turn, Owens called Boone to the stand and asked her about her conversation with detectives outside her home at the beginning of the administration. investigation. What middle state did you have at that time? I was very confused. It was very hazy. I didn't understand the monumental amount of people that were there and what they were doing with taking me from my home. I was worried about my dogs. I was worried about my son. I was shock. I was

traumatized by the situation and then trying to focus on everything that was going on my, at my home. I was hung over. I was still, I believe, intoxicated to a degree. Objection, Judge, would strike. This is outside.

Their motion is suppressed. They have not made any allegations that her statement was involuntary because of a mental state or state of intoxication. Response? Judge, we're talking about, I'm Just get some preliminary information. Her interrogation is the next date. The state has an obligation, and the case all cited by the state requires specificity in the motions.

So it's not a game of 20 questions and it's a surprise. Okay. Okay. This is the day before the interrogation. I understand that. We're not talking about an intoxication. But are you going to be arguing anything in conclusion as to what happened on February 24th led to any coercive or coercion behavior on behalf of the Orange County Sheriff's Office? on February 25. Are you going to bootstrap or link any of those things together? The interrogation in the squad car and what was said to her prior to getting in the squad

corps that relates to what she said about it being routine protocol, yes. I'm going to sustain the state's objection. Relating to the intoxication? Yes. It wasn't raised in any of the three motions that have been filed. Judge, I didn't ask her that. She volunteered. I understand it. Objection sustained, and it's stricken.

Did they ever indicate to you that you were a subject? No. Did they ever indicate to you that you are a person of interest? No. Did they ever refer to the video, videos that you recorded on your phone from the night before? No. Boone testified that she stayed with her ex-husband and son that night at his home, then got in contact with Detective Copsul. Did you all have a discussion about your phone?

Yes. Can you elaborate on that discussion? She told me that I needed to come down to the Sheriff's Department. Sheriff's Department because she was pregnant and asked me if I remembered about when I was being pregnant. And it would just be a lot easier for her if I were to arrive at the Sheriff's Department to pick up my phone. Was there any discussion about you being interrogated at the Sheriff's Department? No. Was your understanding the sole purpose of you going to the Sheriff's Department the next day was to pick up your phone?

Yes. And the sole reason for the change in plans from them bringing the phone to you was because, Detective Kopsul was pregnant and not feeling well. Correct. So the next afternoon did you drive to the Sheriff's Department? Go ahead. Tell us when you parked your car, where you went, what happened? I parked my car and left everything as regular in my car

and walked through the front door and went to the window asking, who I needed to see, and they, I guess, rang them upstairs, and Detective Lowen came downstairs. And I thought I was supposed to be picking my phone up over at a particular window. And he says, no, your phone is upstairs. So we would just like for you to come upstairs, and that's where you can pick up your phone. Boone believes she was tricked into coming down to the police station, then tricked into talking about what happened without fully understanding her rights. After Boone's testimony, her defense attorney, as well as the prosecutor, made oral arguments to the judge. Judge Law enforcement, after they get a valid waiver of rights, that I'm not going to be silent, that I'm going to answer questions, go ahead, ask me, and I'll answer the questions.

Once that happens, law enforcement is trying to get a confession. Law enforcement is trying to get admissions that they can later use at trial to impeach the defendant and convict him. The law allows law enforcement at that stage to use deception. to lie, to trick. We found the murder weapon. It's got your DNA on it. Your co-defendant has come in here and confessed and implicated you. All those techniques, when it's really deception,

they don't have the DNA, they don't have the murder weapon, they don't have the co-defendant, can be utilized to obtain a confession or an admission of guilt. But prior to Miranda, you cannot deceive. Prior to Miranda, you cannot trick. That right is fundamental. You cannot be compelled to incriminate yourself. You cannot be forced to talk.

It's got to be free will and a choice. And so you can't seduce or coerce someone into giving a statement. And the law is clear when that happens, we've got to punish law enforcement to correct that type of misuse behavior. It's illegal. So you've got Detective Copsle on the one hand. I've got to read your rights. And you have a right to remain silent.

But within a minute before, the detective is telling Sarah Boone, we have to do this. We have to talk to you. now that's confusing that's deceptive there's nowhere in policy that that should be allowed or is allowed there's nowhere in the law that that should be allowed it's actually illegal to tell a suspect we have to talk to you We just have to before reading Miranda rights. Judge, the United States Supreme Court has said that confessions are good.

They are good for society. It is good when guilty people are convicted. We stand by all the case law that we've cited, and you have reviewed the evidence from start to finish, under the totality of the circumstances of that two-hour and six-minute statement that she gave to law enforcement, she knowingly and intelligently and voluntarily waived her Miranda rights, And under the case law, it was done perfectly fine. There is no requirement that question number nine get read. And as far as any credibility issues that are pertinent to the court's analysis, which the state would submit, there is not,

because we are conceding there was custody on February 25th. They are allowed to use subterfusion deception to get somebody to come to the police station under the case law and authority cited. But if there is anything that is dependent upon the credibility of either the defendant's testimony or Detective Culpsell's testimony, the state would argue for the reasons of her being impaired by her own admission on the afternoon of February 24th, still from the night before, that her credibility is less than Detective Cupsles. And of course, she has a bias and interest in the outcome of the case, whereas Detective Culpsel has no. no motivation to not tell the truth about whether she used deception to bring the defendant down to the police station because that's perfectly acceptable. So we're asking you for the reasons that we stated in our multiple responses to their multiple amended motions to deny their motion to suppress. Thank you. Any further argument, Mr. Rawans? No judge. All right. The judge later

released a written order denying the motion to suppress Boonsa statements at trial. The order reads quote, under the totality of circumstances, defendant's statements on February 25, 2020 were made with voluntary, knowing, and intelligent waiver, and this waiver was the result of a free choice on the part of the defendant and was not the product of intimidation, coercion, or deception, and that this waiver was made with full aware of the nature of the right being abandoned. The court then moved into another motion, which requested that Boone be allowed to wear civilian clothes during the trial, as well as makeup. It also requested that she not have her feet shackled.

The judge agreed that regular clothes could be brought in for her to change in two at the jail, but the makeup was a sticking point. Can she be allowed, can the, can the two females on the team, can they, can they be allowed to apply some type of makeup to Ms. Smith? State. We don't have any dog in this fight. I just, I've never heard of it happening. That doesn't mean it's not.

If you want to try to do it here in the courtroom, that's fine, but be advised that when we start court, we start court. So, and I intend on starting at 9 o'clock every morning. So I'll have pleas every morning in other matters, because the court still has other business at 845, and I plan on bringing the jury up at 9 until we select one and then starting at 9 every day thereafter. But a deputy approached the judge and his clerk to let the court know that makeup might be a problem at the jail after court. So corrections in the Orange County Sheriff's Office have just advised me that the concern is, is if makeup is a fix and then she's taken back downstairs and then taken back to the Orange County Jail, they don't know if it's contraband, they don't know what's placed on her person.

That's the concern. It's just going to be some facial makeup. I understand, but I don't see DOC and sheriff's officer telling me they can't do it because of the concerns that were just outlined. after she's returned to the Orange County Jail facility. Okay. And as written order, the judge wrote, quote, the motion is hereby granted. Defendant shackles and handcuffs be removed during trial proceedings, in quote.

But there was no mention of the makeup issue. I guess we'll see when jury selection gets started next week. And of course, we'll bring you all of those updates as soon as they happen. But for now, that does it for this episode of Sidebar. You can check out more episodes. and subscribe to us anywhere you get your podcast. I'm Elizabeth Milner

and this has been Sidebar presented by Law and Crime. You can binge all episodes of this Law and Crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.