An Orange county judge will decide if evidence will be tossed in a murder trial

Sarah Boone is charged with second degree murder after her boyfriend, Jorge Torres, was found dead in a suitcase.

It all happened on February 24, 2020 during what Boone calls “a drunken game of hide and seek”.

Boone told detectives Torres got into the suitcase willingly, during the game- but ended up being trapped inside the suitcase for at least 11 hours before she called 911 the following afternoon.

While Torres was trapped inside the suitcase, Boone videotapes the interaction as she laughs while Torres repeats that he can’t breathe and begs to be let out.

Boone was interviewed twice after calling 911 and once before she was arrested the following day.

Now, Boone’s lawyers are asking the Orange County judge to throw out the evidence from the interview with detectives because she claims she wasn’t properly read her Miranda rights. Boone also says the detective who interviewed her was deceptive.

Boone claims she was confused and hazy, traumatized from the situation and did not realize she did not have to answer to the cop.

She claims she did not know she was a suspect or person of interest while she was being questioned by investigators.

READ: Woman accused of leaving boyfriend to die in suitcase after game of hide-and-seek to return to court

Boone plans to claim battered spouse syndrome, as records show there are multiple domestic violence charges between the couple, it is clear that they had a tumultuous relationship.

Prosecutors are claiming she was biased and her statement is different than what she told law enforcement because she was intoxicated.

The trial is set to start Monday. If convicted, Boone faces 22 years in prison at minimum.

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