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In the Criminal District Court
No.3
Dallas County, Texas
DARLIE
LYNN ROUTIER
No. F96-39973-MJ |
IN
THE CRIMINAL
DISTRICT COURT
NO. 3 OF
DALLAS COUNTY, TEXAS |
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SECOND AFFIDAVIT OF J. STEPHEN
COOPER
BEFORE ME, the undersigned authority, on this day
personally appeared J. Stephen Cooper, who, being duly
sworn on his oath, stated the following:
"My name is J. Stephen Cooper and I am competent
to make this affidavit.
"I am the attorney of record for the Appellant
in this case styled Darlie Lynn Routier v. The State
of Texas under case under 72, 795 now pending in the
Court of Criminal Appeals. The trial court was the Criminal
District Court No. 3 of Dallas County, Texas, Case No.
F96-39972-J.
"Beginning in January, 2002, I have made several
requests of the Court and/or the Dallas County District
Attorney's Office for access to evidence in this case,
both items admitted into evidence at trial and items
which were not placed in evidence.
"Pursuant to a court order, on or about February
21, 2002, I was granted access to several State's exhibits
for the purpose of allowing my forensic expert, Ed Hueske,
to visually inspect the items. Thereafter, I was provided
by the State with photographs of a pair of bloody blue
jeans in the custody of the Rowlett Police Department
but I was denied by the State my request to permit Mr.
Hueske to visually inspect the jeans.
"Following the receipt of Mr. Hueske's preliminary
analysis of the items he inspected together with other
materials he reviewed, Mr. Hueske advised of specific
scientific examinations or tests he recommended to investigate
further potential claims for Appellant's writ of habeas
corpus.
"I subsequently spoke to both Libby Lange and
John Rolater, assistant district attorneys, and requested
they permit these further tests and my requests were
denied. I then filed, on May 29, 2002, Appellant's 'Petitioner
Darlie Lynn Routier's Expedited Motion For Access To
State's Physical Evidence.'
Following the Court's ruling on this motion 8, 2002,
I spoke with John Rolater and requested that my expert
be permitted to inspect in the district clerk's office
State's Exhibit No. 25 (Appellant's bloody T-Shirt).
My expert would only use one or more microscopes and
possibly photographic equipment without causing any
destruction or alteration of the exhibit. I asked that
this be done on July 11, 2002, and again this request
was denied by the State."
[signed]
______________________
J. Stephen Cooper
SUBSCRIBED AND SWORN to before
me on this the 12th day of July, 2002
[signed]
____________________
Notary Public, State
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