5 Reasons Why Sarah Boone Wants New Trial After Murder Conviction

Sarah Boone’s lawyer is requesting a new trial, alleging improper rulings by the judge and misconduct by prosecutors after she was convicted of murdering her boyfriend.

Boone, 46, was convicted of second-degree murder in the 2020 death of her boyfriend, 42-year-old Jorge Torres Jr. on October 25. She was found guilty of convincing her boyfriend to get inside a suitcase at a home in Florida, then zipping it shut and refusing to let him out. When she opened the suitcase the next morning, he was dead.

Boone faces a minimum of 22 and a half years in prison and a potential life sentence. She is scheduled to be sentenced on Dec. 2.

Boone’s lawyer, James Owens, filed a motion for a new trial on Monday. He identified five reasons why Boone is “entitled” to a new trial.

He said the court had “erred” in ruling that Boone had forfeited her right to court-appointed counsel. Boone had gone through eight attorneys before Owens came on the case, several of whom resigned due to “irreconcilable differences.”

Multiple attorneys who represented Boone were public defenders, leading Orange County Circuit Judge Michael Kraynick to rule that she has forfeited her right to court-appointed counsel in June.

“It has become apparent to the court that defendant will not permit herself to be represented by anyone,” Kraynick said in the ruling.

Owens argued that the ruling violated Boone’s sixth amendment rights.

“Should the court determine that the defendant is not entitled to court appointed counsel due to misbehavior on the part of the defendant, the court must follow a process, which protects the individual’s right to due process, as well as the defendant’s right to the assistance of counsel,” Owens wrote.

Owens said the court had also incorrectly denied his multiple attempts to delay the trial. He joined the case 45 days before the trial started, so he attempted to push the proceeding to a later date to give himself more time to prepare.

“Counsel, for all purposes, closed his law practice down to prepare for the trial but due to the short time frame, even with the assistance of other attorneys, was simply logistically unable to be as prepared for trial as he would have liked to be, and as Ms. Boone was entitled to,” Owens said.

An emotional outburst by a family member of Torres during the trial was also referenced in the motion. Owens requested a mistrial after the family member had an audible reaction to a video taken by Boone while Torres was trapped inside the suitcase. Kraynick denied the motion.

“The court did not give any curative instructions or address whether the outburst could adversely affect the jury’s deliberations,” Owens said.

Owens also claimed the court should not have allowed the testimony of a witness after the state failed to disclose that she had formed a new opinion.

He said prosecutors did not advise the defense that Dr. Tonia Werner, a rebuttal expert witness called by the state, had changed her opinion on whether Boone “perceived an imminent threat at the time of the offense.”

Finally, Owens alleged that the prosecution’s rebuttal to the defense’s closing argument was “essentially” a second closing argument for the state.

Do you have a story Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@newsweek.com