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Suitcase killer Sarah Boone to be sentenced Monday, faces life in prison

Silas Morgan, Orlando Sentinel on

Published in News & Features

Sarah Boone, the woman recently found guilty of murdering her boyfriend in 2020 by suffocating him in a suitcase, will be sentenced in an Orlando courtroom on Monday and faces up to life in prison.

The Orlando Sentinel spoke to two defense attorneys about how the sentencing hearing may play out and whether Boone will have grounds for an appeal.

Boone, 47, was quickly convicted on Oct. 25 of second-degree murder in the killing of Jorge Torres Jr., 42, the night of Feb. 23, 2020, in their Winter Park residence. An Orange County jury made up of five women and one man took about 90 minutes to reach a guilty verdict.

“I think that the jury verdict and how fast it came back speaks volumes about what the judge is thinking about this case,” said South Florida attorney Jessica Mishali, predicting a stiff sentence for Boone. “(The 90-minute verdict) means that they were all sure there was nobody that had to be convinced, and they probably knew before the trial was even over what they were going to do.”

Boone faces a minimum of 22 1/2 years in prison and up to a life sentence, significantly more than the 15-year plea deal she rejected prior to the trial.

Boone initially told police Torres died as a result of a drunken game of hide-and-seek gone horribly wrong, but her defense team later argued that she was an abused woman suffering from Battered Spouse Syndrome and killed Torres in self-defense.

Orange County Circuit Court Judge Michael Kraynick will hand down Boone’s sentence at the Orange County courthouse in downtown Orlando.

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.

“Between 22 years all the way to life, there’s a lot of discretion … the defense is going to want to call any and every witness they possibly can to beg the judge for mercy,” she said.

Boone’s main attorney, James Owens did not respond to requests for comment. He told reporters following the verdict he hoped to have the defense’s expert witness, forensic psychologist Dr. Julie Harper, testify in-depth about Boone’s mental health issues at the sentencing.

Prominent Central Florida defense attorney Mark NeJame — who’s served as a media analyst for some of the region’s most historic criminal cases, including the murder trials of Casey Anthony and George Zimmerman — said that judges may take a convicted murderer’s background into consideration to justify a lesser sentence.

“(If) two people commit a murder, but one of them has been abused all their life, (if) they have an addiction issue, which is contrasted to somebody that just for fun, with all the privileges of life, goes out and kills somebody just for the heck of it,” he said.

The trial delved deeply into Boone’s personal life, showing her often violent relationship with Torres — who was arrested three times for battery against her — as well as their frequent consumption of alcohol, which was described as central to their lives.

Harper and the prosecution’s expert witness, forensic psychiatrist Dr. Tonia Werner, both testified that Boone suffered from Battered Spouse Syndrome as a result of consistent abuse and alcohol use disorder, the official medical term for alcoholism.

 

Kraynick has already ordered a presentencing investigation, which will look into Boone’s background — including family history, work, criminal history and any substance abuse.

Boone is divorced and shared custody of her young son with her ex-husband before her arrest in 2020. She was previously a clerical worker and her only known criminal history is an arrest for battery against Torres during a 2018 incident in which he was also arrested for battery against her.

Also important are the sentencing guidelines for second-degree murder, which provides the minimum and maximum sentencing ranges. Mishali says its possible Owens will attempt to ask Kraynick to sentence Boone to less than the minimum guidelines by arguing there are extenuating circumstances, but that it is unlikely to succeed.

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.

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©2024 Orlando Sentinel. Visit orlandosentinel.com. Distributed by Tribune Content Agency, LLC.

 

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