Three
years have passed, and people are still talking
about Darlie Routier, the thirty-year-old housewife
and mother who was sentenced to death for the murder
of her children. "Did Darlie do it?" is
now a standard question in the state of Texas and
for numerous Internet discussion groups. While the
court of public opinion is fairly divided on the
answer, one fact remains constant: this case is
not going away. With interest growing to a national
level, it seems like a good time to figure out "Why?"
The following ruminations, reflections, and queries
are based on the belief that most of you may be
familiar with Darlie Routier's case. I encourage
any first time readers to check out our archives
and read about this astonishing tragedy, which clearly
showcases our judicial system at its worst moment.
The points presented here are not in any order of
significance. This is just the tip of the iceberg,
for there are many more points to be made. I did
not even touch on the trial transcripts, explore
Darlie as a person, the psychological factors that
contributed to her conviction (Susan Smith haunted
this investigation and trial), or on Greg Davis'
mean-spirited attitude and blatant personal agenda.
These are topics for future articles.
1) A significant but downplayed issue is that Darlie
was never charged with Devon's death because the
murder weapon was never recovered. The only weapon
in existence is the knife from the Routier kitchen
that contains Darlie and Damon's blood. There had
to have been a second weapon. Where did this second
weapon go? The prosecution never had to answer this
question. This is consistent with Greg Davis' style
-- if the evidence doesn't fit the theory, get rid
of it. Dr. Janice Townsend-Parchman and Dr. Joni
McClain, who performed the autopsies on Devon and
Damon, testified that the large butcher knife found
"could have" inflicted the wounds on both
boys. They never mentioned that Devon's blood was
not found on this knife.
2) The prosecution made a very big deal out of minor
inconsistencies in Darlie's account of the events
on June 6, 1996. However, her story has essentially
stayed the same. If you research when and where
these statements were made you will find two major
points: a) They all were statements made minutes
after she was released from the recovery room to
the intensive care unit. Darlie was in no shape
to be interrogated then. She was in shock, sedated,
and seriously injured. It is important to note that
Darlie wanted to talk to the police. She wanted
to help in any way she could to find the person
who did this to her family. In an ironic twist,
Patsy Ramsey was highly criticized for not cooperating
with the police. Darlie's cooperation, on the other
hand, caused her to be indicted. b.) Any minor inconsistency
seems to stem from the retelling of the interrogation
by the detectives. No notes were ever taken. No
immediate reports were ever produced at trial. The
only notes produced were those made shortly before
the trial began. Most people would be hard pressed
to accurately recall a conversation that occurred
months ago, without the benefit of notes. The basis
for labeling her statements as inconsistent also
relies completely on the Rowlett Police Department's
truthfulness. In a case of this magnitude, it is
highly suspect and, perhaps, convenient that no
notes weretaken. The detectives were free to testify
to anything that would secure a conviction. It is
also important to note that Darlie was a suspect
20 minutes after detectives arrived on the scene.
When they questioned her, it was not to gather information
to properly investigate this crime. It was done
to build a case against her. There is a very big
difference in the way questions are worded.
3) The significance of "The Silly String Tape"
cannot be overlooked. The jurors viewed it eight
times during deliberations. Most jurors said it
was this tape that convinced them of her guilt.
Ironically, they were not allowed to see the entire
tape shot that day. The Rowlett Police Department
had wired and taped the boy's burial site, hoping
for a graveside confession. Unfortunately, they
did so without following proper procedure. A judge
ruled that the illegal tape would not be admissible
in court. This tape shows a grieving mother, confused
and in pain. A local news crew, not bound by procedure,
filmed the spraying of the "silly string."
This fifteen-second tape was shown to the jury.
The entire graveside memorial was approximately
two hours long and it included a solemn and tearful
religious service. It was Devon's 7th birthday and
his playmates were all present at the time the silly
string was introduced. These children were having
a difficult time understanding their little friend's
death. Darlie and Darin both wanted to create an
image for these children of Devon and Damon being
happy in heaven. Darlie had to be told "to
pull herself together." Darlie's sixteen-year-old
sister, Dana, brought the silly string. Darlie knew
nothing about it in advance. Devon loved silly string
and was looking forward to having it at his birthday
party. Motivated by love, Dana thought this would
be a nice tribute. It was -- until Greg Davis fastened
on it and distorted it for his own purpose.
4) The crime scene was severely contaminated. After
closely reviewing new crime scene photos, I saw
just how bad it was. With gross disregard for crime
scene protocol, at least twenty paramedics and police
officers trampled through the house before it was
secured. The situation was wildly out of control.
Key evidence is moved, blood is trampled on, bloody
items are rolled up and put in brown paper grocery
bags, and wet, bloody towels are left behind. The
vacuum cleaner is moved all over the place and the
pillow on which Darlie was lying disappears and
reappears throughout the collection of photos. This
is extremely significant because the placement of
these items was used to "prove" that Darlie
staged the crime scene.
5) Although approximately 1000 photos were taken,
the defense only had access to approximately 400.
The prosecution claims this is untrue. What does
remain true, however, is the jury never saw the
photos of Darlie's extensive wounds and bruising,
for whatever reason. This is significant because
the prosecution was able to successfully convince
the jury that her wounds were not serious, thus,
self-inflicted. Darlie had no medical background
whatsoever. She didn't even know CPR. To self-inflict
a throat slashing would be very dangerous business,
indeed. In fact, her throat was slashed to within
2 mm of her carotid artery and instant death. It
was so close that the sheath of her carotid artery
was damaged.
a) Another observation about Darlie's wounds came
to me shortly after I met her. The scars on her
throat and arm are almost shocking to see and impossible
to conceal. The prosecution claimed that her "vanity
and self-centeredness" were part of her motive.
They used the fact that her breast implants were
not damaged to back up the "self-infliction"
theory. Darlie frequently dressed in summer clothing,
typical for Dallas heat. It is inconsistent to suggest
that she would intentionally disfigure her body
in a way that could not be easily concealed.
6) The "mulch" outside the window was
not disturbed and a long "blonde hair"
was found in the point of entry window screen. This
concrete and highly damaging evidence was used to
indict Darlie and deny bail. Outrageously, there
was no mulch and the blonde hair belonged to a Rowlett
Police Officer. The wrong window was described in
court and the hair sample was confirmed through
DNA. Can we seriously have faith in an investigation
that cannot even identify the correct point of entry?
What was this police officer doing with her head
in the window screen, which was a key piece of evidence
in a major crime scene? Gross incompetence or planted
evidence? Either way, it doesn't speak well for
the Rowlett Police.
7) The timeline is problematic. The state's own
expert testified that Damon, who was still alive
when the paramedics arrived, could not have lived
any longer than 9 minutes. The 911 call lasts for
5 minutes and 44 seconds. Darlie is on the phone
the entire time. The paramedics were held up for
two minutes by police officers who were inspecting
the house before allowing them in. This gives Darlie
approximately 1 minute and 16 seconds to inflict
her wounds, stage a crime scene, and plant the bloody
sock 75 yards from the Routier home.
In an attempt to partially explain the conflict
with the timeline, Barry Dickey, an audio forensic
expert, said that Darlie was moving from room to
room as she spoke to the 911 operator. The prosecution
used this idea to suggest that she was cleaning
up the blood by the sink and staging the crime scene
as she spoke. Clearly, Darin is nearby. His voice
is heard throughout the 911 call. If Darlie were
staging the scene with Darin present, that would
make him an accomplice, yet neither the Rowlett
Police Department or the DA's office ever viewed
him in that light -- in direct conflict with Barry
Dickey's statements. A common sense explanation:
Darlie was traumatized and seriously injured. She
was what is commonly known as "freaking out."
She was also running back and forth to get wet towels
for Darin. Remember, neither one had any medical
knowledge and were just doing what they thought
was right. This is why Darlie's blood was all over
the sink. The water dripping from the towels mixed
with her blood to give the vague appearance of trying
to "clean it up." There was also water
on the floor in front of the sink and Darlie was
seriously bleeding at this point. The more trips
she made back and forth from the kitchen to the
family room, the harder her heart was pumping, thus,
the more blood. Police found the footprints with
the use of luminol and used this to suggest she
tried to "clean up evidence." The footprints
found with the luminol are not surprising in light
of what Darlie was doing at the sink. This is the
origin of the theory that she slit her throat at
the sink and tried to clean it up. Why would Darlie
try to clean up a crime scene that looked like a
blood bath? Why try to clean the sink when her blood
was all over the kitchen floor in front of the sink?
Look at the crime scene photos and apply common
sense. Her footprints indicate she was running back
and forth in the kitchen. This is completely consistent
with Darlie getting wet towels to place on the boys.
Several wet towels appear in photographs taken by
the police. The towels are next to the boys and
in the nearby hallway.
8) The police said there was no blood on the couch
where Darlie claimed she was attacked. This is completely
untrue and reveals the incredible level of incompetence
of the RPD. Crime scene photos clearly reveal blood
dripping down the side of the couch and an outline
of where Darlie's pillow was located. The photos
also show that pillow was moved all over the place
after the police and paramedics arrived. There was
blood on her pillow as well. Darlie would not have
bled that much while she was lying down. Most of
the blood would begin flowing as she got up and
started moving around. Oddly enough, the police
released the couch back to the family and it was
cleaned up and sold at a garage sale to raise money
for Darlie's defense. The family had no idea this
was a key piece of evidence. No other evidence was
released back to the family. I have come to believe
that any evidence that did not back up the prosecution
theory was dispensed with and labeled "unimportant."
9) Chadwick Ray Patterson, son of lead Detective
Jimmy Patterson, has a long criminal record and
a black car that fits the description of the car
seen in front of the Routier residence several times
in the weeks leading up to the murders. Patterson
lived just a few blocks from the Routier home. An
eyewitness testified that he saw the black car on
the night of the murders and believed it to be a
black Cutlass, the same type of car Chad Patterson
drove. The car was pointed out to the police. Several
different people in the neighborhood saw this car.
The black car has never been fully investigated
by the police department. There was no need; Darlie
was targeted as the only suspect within minutes.
Karen Neal, a neighbor of the Routiers, also says
she saw the black car and the police never asked
her any further questions about it. While Chad Patterson's
involvement seems unlikely, the fear of his involvement
could have been a factor motivating his father's
decision not to follow up on this promising lead.
10) Retired detective Bill Parker was brought in
to interrogate Darlie hours before her pre-planned
arrest. Mr. Parker has quite a reputation for being
able to extract a confession. A frequent comment
about Detective Parker is, "If Bill Parker
can't get a confession, the person probably isn't
guilty." He is considered to be one of the
"big guns." He spent over 3 hours trying
to convince Darlie that she had murdered her children
and didn't remember it. Darlie maintained her innocence.
In court, Mr. Parker testified that Darlie had given
what he would term a "confession." After
hours of questioning, Darlie said something like,
"If I did it, I certainly don't remember it
... and I think I would remember something like
that." Mr. Parker claims he never audiotaped
or videotaped this interrogation because "...
he wasn't asked to." Some sources claim this
interrogation was indeed video taped but it would
have revealed that Parker was less than truthful.
These types of interrogations are routinely taped
to avoid later claims of coercion. It is difficult
to believe it was not taped. Again, this is either
gross ineptitude by the Rowlett Police Department
or it is highly suspicious. Darlie was arrested
immediately after the interrogation ended.
11) Darlie's nightshirt is a confusing piece of
evidence. My research has revealed that there is
a standard procedure to handle bloody clothing:
the nightshirt should have been carefully cut off
of Darlie and then hung up to air dry. This would
preserve the integrity of any blood spatters. This
was not done. Instead, her nightshirt was rolled
up and placed in a bag with several other pieces
of bloody clothing. The state first sent the nightshirt
to the Southwestern Institute of Forensic Sciences
in Dallas. In an eight-page report it was stated
that NONE of the boys' blood was found on her nightshirt.
When this report was released to the press, the
prosecution said that "... just because she
stabbed the boys does not mean she would have blood
on her nightshirt." This statement is mind-boggling.
One of the key reasons they believed there was no
intruder was because there was no trail of blood.
If Darlie could kill her boys without getting any
blood on herself, why couldn't an intruder do the
same? By the time the trial took place, another
lab had tested the nightshirt and found 4 small
drops of the boys' blood, which the prosecution
claims is consistent with blood dripping off the
knife as she repeatedly raised it over her head
to stab them. Mysteriously, Damon's blood is on
top of Darlie's blood. Are we supposed to believe
that anyone is capable of slitting her own throat
and then muster the sustained energy required to
stab two people to death? This defies all logic
and known medical fact. Why did they have the nightshirt
retested when a lab the state uses extensively already
tested it? Could it be because the results from
the first lab were not what they needed? Again,
this seems consistent with a certain style: if the
evidence doesn't fit the theory, get rid of it.
Rowlett Police Officer David Maynes admitted he
placed multiple bloody items in the same evidence
bag instead of using separate bags. He also admitted
it was sloppy police work.
12) The bloody sock was found within two hours after
police arrived on the scene. It was 4 months before
anyone else knew it existed. This is clearly exculpatory
evidence. The DA's office was releasing all it could
to the media about this case. Why was this held
back? Because it didn't fit the prosecution's theory
and it bolstered Darlie's claim of innocence? This
was the most difficult obstacle for the prosecution
to overcome at the trial. They overcame it with
"silly string." They never answered the
question of how the sock got there. They simply
implied that it was part of the staging, even though
this was physically impossible according to their
own timeline and their own expert.
13) Private investigator and former FBI agent Lloyd
Harrell stated that he has never seen a crime scene
staged in which the accused did not use some portion
of the staging in an alibi or defense. Think about
it. If Darlie had staged this crime scene, why did
she say she "didn't remember" and must
have slept through it? It doesn't add up. If, as
the prosecution contends, she staged the crime scene
as she spoke to the 911 operator, why didn't she
mention some of the staged elements? For example:
if she took the time to knock over the glass coffee
table, why didn't she say, "I think I remember
fighting my attacker and knocking over the coffee
table"? Common sense suggests that no one would
choose a defense that basically says, "I slept
through an attack that left my two children dead,
my throat slashed, and I didn't get a good look
at the man who did it." If Darlie had staged
this and she was deliberately trying to fool the
police, she didn't pick a wise strategy, did she?
14) A single fiberglass rod found on a bread knife
in the kitchen was said to match those in the window
screen. However, Charles Linch, who analyzed the
fibers, said the rods were "similar in appearance"
and "may have" been a match. The rods
also may have matched the bristles from the brush
the technicians used to test the knife for fingerprints.
The same brush was used to dust the window and the
knife. A single rod could easily have been transferred.
Note: the rod was so small it was impossible for
the defense to run a second test. Common sense urges
us to ask why Darlie would choose a knife with a
rounded tip to cut the window screen? She didn't
have much time. This would have slowed things down
even more and made a simple task much more difficult.
Also, why use one knife to cut the screen and another
to commit the murders?
15) Much was made of the fact that the dust on the
windowsill in the alleged point of entry was not
disturbed. The window was only 12 inches off the
ground. A child could easily step over it without
disturbing the dust. In fact, in a courtroom demonstration
by the prosecution, a police officer stepped through
the window several times without disturbing any
dust on the sill.
16) Darlie suffered two major wounds: one slash
across her throat in which her gold rope chain necklace
became imbedded in her neck and had to be removed
by a surgeon, and one stab wound to her right arm
approximately 3 inches below the elbow. The knife
wound on the arm went clear to the bone. Dr. Santos,
the treating physician at Baylor Hospital, told
Darlie's mother that this was a defensive wound
and that Darlie almost died from her injuries. By
the time he testified in court he called the wounds
"superficial." Darlie is right handed.
17) There are two unidentified bloody fingerprints
found at the crime scene. Records indicate that
the chain of custody was broken on this evidence
for 2 months. Where were these prints for two months?
Once again, this is very sloppy police work or the
prints were somewhere being tested. Perhaps the
results did not match the prosecution's theory?
18) Several nurses testified in court that Darlie's
behavior was not typical for a grieving mother.
Notes taken by the same nurses directly contradict
their testimony. The prosecution held a meeting
with all medical personnel the day before they testified.
Nurses testified, as planned, that Darlie showed
very little emotion. One even said she was "whining,"
however, their hospital notes indicate that she
showed plenty of emotion. Odd? Dr. Santos testified
she did not show signs of typical grief yet he prescribed
the tranquilizer Xanax for her shortly after surgery.
I discussed this with two doctors and a nurse. All
three say it is uncommon to prescribe a tranquilizer
after surgery unless it is absolutely necessary.
19) A major flaw in this case is lack of motive.
What would make a devoted wife and mother wake up
in the middle of the night and savagely murder two
of her three sons as they slept? If it was premeditated,
she did a lousy job of it by staging a crime scene
and then saying she didn't remember a thing. If
it was because she felt overwhelmed by the demands
of parenting, why kill the two older boys and leave
the baby, the one who is the most demanding, alive?
If it was because she needed money and saw her affluent
lifestyle slipping away, why not kill Darin who
was sound asleep and had an $800,000 life insurance
policy? If it was because she was depressed, why
not just commit suicide? If it was because she "snapped,"
where is the building process? Are we to believe
that she made popcorn for her children, watched
a family movie with them, fell asleep, woke up,
snapped, savagely butchered her children, slit her
throat and stabbed herself, beat her arms brutally
with a blunt object, staged a crime scene, unsnapped,
and called 911? Whew! This defies all logic.
20) Why would Darlie call 911 while Damon was still
alive? She could not have known that he would die
before he identified his attacker. He was still
able to speak when she called Darin for help and
dialed 911. The last words he spoke were to Darlie.
Darin was present. She told him to "Hold on,
baby, hold on." He looked at her and said,
"OK, Mommy." The first officer arrived
less than two minutes after the call was made. Damon
died while the paramedics were attending to him.
The reason this case won't just go away is that
it just screams reasonable doubt. People cannot
stop talking about it because deep down inside they
know something is wrong with the state's theory.
Things just don't add up the way the way Greg Davis
says they do. I hope the fundamental reason this
case will not go away is because it frightens the
astute reader that the state of Texas wants to strap
Darlie Routier to a gurney and kill her based on
this type of flimsy and deceitful evidence.
Maybe it is time to revive the defining maxim of
the 60's -- "question authority." The
truth IS out there. Sometimes it is not in what
you see, but what you don't see.