ORLANDO, Fla. (Court TV) — In an announcement that left the judge momentarily speechless, Sarah Boone‘s new attorney announced that she would be relying on an argument of self-defense at her upcoming murder trial.
Sarah Boone smiles ahead of a court appearance on Sept. 3, 2024. (Court TV)
Boone is charged with the second-degree murder of her boyfriend, Jorge Torres Jr., who was found dead inside a zipped suitcase after a night of drinking at the couple’s apartment.
James Owens, who stepped in as Boone’s ninth attorney after she struggled to briefly represent herself pro se, told Judge Michael Kraynick at a motions hearing on Thursday, “We’re using battered spouse syndrome for the defense. Not accident.” The news shocked Judge Kraynick, who paused after confirming, “Are you claiming self-defense? … Well, that’s the first time I’ve heard that.”
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To bolster the defense, Owens had asked the judge to force the state to declare the exact criminal acts it alleged Boone made, whether that be zipping the suitcase or failing to take action to open the suitcase when Torres begged to come out. Owens noted that this is a unique case because there is no firearm or item typically thought of as a weapon. Judge Kraynick denied the request, saying the state’s indictment is sufficient as it stands.
Boone and Torres had a violent relationship, and Court TV found several charges filed against Torres in the years before his death relating to allegedly beating Boone.
Owens has retained two experts to testify on Boone’s behalf to say she suffered from battered spouse syndrome, one of whom recently testified for Marcia Thompson, who was acquitted of murdering her husband based on the same defense. But prosecutors are trying to block Boone from using the defense at all. In videos from police body-worn cameras at the scene after she called 911 and in interrogations in the days following, Boone repeatedly told investigators that the two had been having a fun night and that Torres had gotten into the suitcase as part of a game of hide-and-seek.
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Prosecutors suggested that proceeding with this defense would force Boone to take the stand to testify in a narrative style, similar to Robert Telles, who was recently convicted of murdering investigative journalist Jeff German.
In a ruling released the next day, Judge Kraynick said he would allow the defense to use the battered spouse syndrome defense and mention it in their opening statements. The order requires Boone to submit to an examination by an expert of the state’s choosing no later than Sept. 26.
Boone’s trial is scheduled to start on Oct. 7, and when it begins she has asked to be dressed in street clothes rather than the jail uniform she has worn to each of her hearings thus far. On Thursday, Owens said he would be filing an additional motion to ask for her to be allowed to have her makeup applied and hair done for the trial.
