It’s been more than four years since Sarah Boone became known as the alleged “suitcase killer.” Now, ahead of her murder trial, she wants a judge to let her lawyer rely on so-called battered spouse syndrome as his defense – something prosecutors are taking serious issue with.

Ms. Boone is currently facing a second degree murder charge after her late boyfriend Jorge Torres Jr. was found dead zipped inside a suitcase outside the home they shared at Winter Park, Florida. She has previously claimed the tragedy resulted from drunken hide-and-seek gone wrong, but now she wants to rely on battered spouse syndrome in her defense.

Ms. Boone’s case has been undermined after law enforcement officials released a video they say she took on the day of the murder, which shows a closed suitcase wobbling on the floor. A male voice that prosecutors say is that of Torres can be heard begging “Sarah” to let him out and that he’s having trouble breathing. Ms. Boone can then be heard on the video saying, “That’s what I feel like when you cheat on me.” She can also be heard accusing Torres of choking her.

Women may suffer from battered spouse syndrome if they live in fear for their lives due to a cycle of physical abuse from their partner, according to an article from the Florida Bar Journal. The article also stated Florida’s Supreme Court had “effectively granted Florida women the ability to rely upon battered spouse syndrome as a defense to killing their abuser” as of March 1999.

If Ms. Boone was being regularly abused by her boyfriend, it might make sense for her lawyer to rely on this precedent in his defense. Only the state of Florida feels there’s no place for this argument in her case. According to court documents filed on Thursday, the state filed a motion to strike the notice of intent to use the syndrome as Ms. Boone’s defense. In other words, prosecutors are asking the presiding judge, Michael Kraynick, to prevent the defense from relying on battered spouse syndrome to explain why Ms. Boone is innocent. 

Prosecutors filed this motion because they say that while Torres Jr. and Ms. Boone “engaged in alcohol infused spats of violence against one another periodically,” current evidence does not support a Battered Spouse Syndrome diagnosis and the syndrome “is not actually a defense to a crime.”

“Thus far, the State is aware of no evidence supporting the Defendant suffering from the syndrome—only evidence of alcohol induced violence between both the decedent and Defendant,” the state’s motion reads. “There is zero evidence that this was a justifiable use of deadly force—the Defendant has stated the exact opposite…and she is the only one who can testify that it was a justifiable use of deadly force.”

To support their claims, prosecutors shared some of Ms. Boone’s statements to law enforcement after her boyfriend’s death. One of which came after being asked about her motivation for leaving Torres Jr. zipped inside the suitcase:

“I didn’t have any motivation, it was me, he and I having a great day, fooling around and being stupid and apparently me going upstairs and going… I’m guessing, I mean I don’t, I’m blaming it on the wine.”

Ms. Boone’s records show she was previously charged with “battery by strangulation (dating violence)” against Torres Jr. back in 2018. Yet those charges were dropped before any prosecution took place, and a $250 bond was paid by her ex-husband Brian – though it’s unclear if the two were still married at the time. Additionally, Torres Jr. was charged with battery three times in 2019 – with one charge alleging he punched Ms. Boone in the head.

We’ll have to wait for her trial’s start date on October 7 to find out if the Judge sides with the state or the defense. Only it wouldn’t be the first time Judge Kraynick has put his foot down in the long-delayed trial. In fact, he revoked Ms. Boone’s right to legal counsel in June because she had already gone through eight lawyers – seven of whom were court-appointed with several having resigned due to “irreconcilable differences.”

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

James Owens is now Ms. Boone’s lawyer after she struggled to represent herself at several hearings. He stepped in after seeing her handwritten flyer for a new lawyer on TV, and he’s made it clear he was not working pro bono on the case.

“Sarah owes me,” Mr. Owens previously said outside of court.