Volume 4

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS }
7 VS: } NO. F-96-39972-J
8 DARLIE LYNN ROUTIER } & F-96-39973-J 9
10
11
12
13 STATEMENT OF FACTS
14 MOTION HEARING
15 TO HOLD DEFENDANT WITHOUT BOND
16 VOL. 4 OF 53 VOLS.
17 August 26, 1996
18 Monday
19
20
21
22
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 1

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Monday, the 26th day of
5 August, 1996, in the Criminal District Court Number 3 of
6 Dallas County, Texas, the above-styled cause came on for a
7 hearing before the Hon. Paul Banner, Judge Presiding, and
8 sitting for the Hon. Mark Tolle, Judge of the Criminal
9 District Court No. 3, of Dallas County, Texas, without a
10 jury, and the proceedings were held, in open court, as
11 follows:
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 2

1 A P P E A R A N C E S
2
3
4 HON. JOHN VANCE,
5 Criminal District Attorney
6 Dallas County, Texas
7
8 BY: HON. GREG DAVIS
9 Assistant District Attorney
10 Dallas County, Texas
11
12 AND:
13 HON. JOHN GRAU
14 Assistant District Attorney
15 Dallas County, Texas
16
17 AND:
18 HON. SHERRI WALLACE
19 Assistant District Attorney
20 Dallas County, Texas
21
22 APPEARING FOR THE STATE OF TEXAS
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 3

1
2 ADDITIONAL APPEARANCES:
3
4 HON. DOUGLAS PARKS
5 Attorney at Law
6 Dallas County, Texas
7
8 AND:
9 HON. WAYNE HUFF
10 Attorney at Law
11 Dallas County, Texas
12
13 Appearing for the Defendant
14 For the purpose of the trial
15 AND:
16
17 HON. BLAKE WITHROW
18 Attorney at Law
19 Dallas County, Texas
20
21 APPEARING FOR THE DEFENDANT
22 for the purpose of the appeal
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 4

1 P R O C E E D I N G S
2
3 August 26th, 1996
4 Monday
5 9:30 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 Open court, in the presence
10 And hearing of the
11 Defendant, being
12 represented by her attorneys
13 and the representatives of
14 The State of Texas, but
15 without the presence of a
16 jury, as follows:)
17
18
19 THE COURT: Okay. This is Cause
20 Numbers F-96-39972 and 973, the State of Texas versus
21 Darlie Lynn Routier.
22 MR. GREG DAVIS: Yes, sir.
23 THE COURT: All right. Is the State
24 ready?
25 MR. GREG DAVIS: The State is ready,

Sandra M. Halsey, CSR, Official Court Reporter 5

1 your Honor.
2 THE COURT: The Defense?
3 MR. DOUGLAS PARKS: The Defense is
4 ready, your Honor.
5 THE COURT: All right.
6 MR. DOUGLAS PARKS: If the Court
7 please, we will invoke the Rule. We also have several
8 other witnesses in the back that we would like to get
9 sworn in, and invoke the Rule.
10 THE COURT: All right. The Rule is
11 going to be invoked, so I guess we need to locate all of
12 the witnesses. Are these the four for the State?
13 MR. GREG DAVIS: Yes, sir.
14 THE COURT: Each of you raise your
15 right hand.
16
17 (Whereupon, the witnesses
18 were duly sworn by the
19 Court, to speak the truth,
20 the whole truth and
21 nothing but the truth,
22 after which, the
23 proceedings were
24 resumed as follows:)
25

Sandra M. Halsey, CSR, Official Court Reporter 6

1 THE COURT: Start with the lady in the
2 blue and go to the left. I need your name.
3 THE WITNESS: Janice Townsend-Parchman.
4 THE WITNESS: Jim Patterson.
5 THE WITNESS: David Waddell.
6 THE WITNESS: Charles Linch,
7 L-I-N-C-H.
8 THE COURT: Are all of you peace
9 officers?
10 THE WITNESS: No, sir.
11 THE COURT: Okay.
12 MR. DOUGLAS PARKS: It turns out, your
13 Honor, that the witnesses that the defense have subpoenaed
14 seemed to have stepped away.
15 THE COURT: Okay. Well, the Rule of
16 witnesses has been invoked, which means, that until this
17 hearing is concluded that you are under the following
18 instructions: You may not discuss with another person
19 what another witness -- what your testimony has been or
20 will be, what some other witness's testimony has been or
21 will be. You can talk with any lawyer in the case about
22 what you know about the facts.
23 Also, you may not be present in the
24 courtroom while other witnesses are testifying and hear
25 their testimony. If you know each other, you can talk

Sandra M. Halsey, CSR, Official Court Reporter 7

1 about whatever you want to talk about, but just do not
2 discuss anything about the facts of this case.
3 All other witnesses are under the same
4 instructions. I understand there may have been some sort
5 of gag order?
6 MR. GREG DAVIS: Yes, sir.
7 MR. DOUGLAS PARKS: Yes, sir.
8 THE COURT: Whatever the terms that any
9 of you might be subject to, you will need to comply with
10 that, in addition to the instruction that I am giving you.
11 Violation of the Rule can result in
12 your not being permitted to testify, therefore, whatever
13 you know about the matter would never be learned by the
14 Court.
15 You will have to -- I assume that there
16 is some sort of a waiting room that you folks can be at.
17 Do you know who you are going to call first?
18 MR. GREG DAVIS: Yes, sir, I'm going to
19 call Dr. Townsend-Parchman first.
20 THE COURT: All right. If you would
21 like to have a seat, Doctor. And, if you folks will just
22 have seat outside, we will get to you as quickly as we
23 can.
24
25 (Whereupon, the

Sandra M. Halsey, CSR, Official Court Reporter 8

1 above mentioned
2 Exhibit was marked
3 as State's Exhibit
4 No. A, for identi-
5 fication purposes
6 only, after which
7 time the proceedings
8 were resumed as
9 follows:)
10
11 MR. GREG DAVIS: Your Honor, first I
12 would offer State's Exhibit No. A. This is going to be a
13 birth certificate of Damon Christian Routier.
14 THE COURT: All right.
15 MR. DOUGLAS PARKS: No objection.
16 THE COURT: Received. That is State's
17 1?
18 MR. GREG DAVIS: That's State's A, I'm
19 sorry.
20 THE COURT: A?
21 MR. GREG DAVIS: Yes, sir.
22 THE COURT: Okay. That is admitted.
23
24 (Whereupon, the documents
25 heretofore mentioned were

Sandra M. Halsey, CSR, Official Court Reporter 9

1 marked and received in
2 evidence as State's
3 Exhibit No. A, after
4 which time, the
5 proceedings were resumed
6 as follows:)
7
8 THE COURT: Doctor, have a seat right
9 up there, please.
10 THE WITNESS: Thank you.
11 THE COURT: All right. Mr. Davis, you
12 may go ahead.
13
14
15
16
17
18
19
20
21
22
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 10

1 Whereupon,
2
3 JANICE TOWNSEND-PARCHMAN,
4
5 was called as a witness, for the State of Texas, having
6 been first duly sworn to speak the truth, the whole truth,
7 and nothing but the truth, testified in open court, as
8 follows:
9
10 DIRECT EXAMINATION
11
12 BY MR. GREG DAVIS:
13 Q. Ma'am, would you please state your
14 name?
15 A. Janice Townsend-Parchman.
16 Q. And are you employed as a Medical
17 Examiner for Dallas County, Texas?
18 A. Yes, I am.
19 Q. How long have you been employed in that
20 capacity?
21 A. I have been working for Dallas County,
22 doing forensic pathology for five years.
23 Q. Dr. Townsend-Parchman, in the course of
24 your duties, do you perform autopsies?
25 A. Yes, I do.

Sandra M. Halsey, CSR, Official Court Reporter 11

1 Q. And, do you recall performing an
2 autopsy on an individual identified to you as Damon
3 Christian Routier?
4 A. Yes, I do.
5 Q. And, was that performed on June the
6 6th, 1996?
7 A. Yes, it was.
8 Q. Okay. Would you please detail for us,
9 the injuries, if any, that you noted to Damon Routier?
10 A. Well, the most salient injuries were
11 the four stab wounds of his back, and two incised wounds
12 of his back.
13 Q. When you say incised wounds, what do
14 you mean?
15 A. An incised wound is a cut, which means
16 that it's longer on the surface of the skin than it is
17 deep within the body. Whereas a stab wound is just the
18 opposite. A stab wound is deeper within the body than it
19 is long on the surface of the body.
20 MR. GREG DAVIS: May I approach, your
21 Honor?
22 THE COURT: You may.
23
24 (Whereupon, the
25 above mentioned

Sandra M. Halsey, CSR, Official Court Reporter 12

1 Exhibit was marked
2 as State's Exhibit
3 No. 25, for identi-
4 fication purposes
5 only, after which
6 time the proceedings
7 were resumed as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Dr. Townsend-Parchman, if you would
12 please look at State's Exhibit No. 25. Does this appear
13 to be a true and correct copy of the autopsy report that
14 you prepared in this case concerning Damon Routier?
15 A. Yes, it does.
16
17 MR. GREG DAVIS: Your Honor, at this
18 time we would offer State's Exhibit No. 25.
19 MR. DOUGLAS PARKS: No objection.
20 THE COURT: Twenty-five is received.
21
22 (Whereupon, the documents
23 heretofore mentioned were
24 marked and received in
25 evidence as State's

Sandra M. Halsey, CSR, Official Court Reporter 13

1 Exhibit No. 25, after
2 which time, the
3 proceedings were resumed
4 as follows:)
5
6 MR. GREG DAVIS: Mark this exhibit too,
7 please.
8
9 (Whereupon, the
10 above mentioned
11 Exhibit was marked
12 as State's Exhibit
13 No. B, for identi-
14 fication purposes
15 only, after which
16 time the proceedings
17 were resumed as
18 follows:)
19
20 BY MR. GREG DAVIS:
21 Q. Dr. Townsend-Parchman, if you would
22 look at the photograph that I have marked as State's
23 Exhibit B. Does this bear the same forensic science
24 number of 96-1810, as your autopsy report on Damon
25 Routier?

Sandra M. Halsey, CSR, Official Court Reporter 14

1 A. Yes, it does.
2 Q. And, was this individual, in fact,
3 that was identified to you as Damon Routier?
4 A. Yes, it is.
5 MR. GREG DAVIS: Your Honor, at this
6 time for the record purposes only, we would offer State's
7 Exhibit No. B.
8 MR. DOUGLAS PARKS: No objection.
9 THE COURT: B is received.
10
11 (Whereupon, the documents
12 heretofore mentioned were
13 marked and received in
14 evidence as State's
15 Exhibit No. B, for
16 record purposes only,
17 after which time, the
18 proceedings were resumed
19 as follows:)
20
21 MR. GREG DAVIS: Would you mark this,
22 please.
23
24 (Whereupon, the
25 above mentioned

Sandra M. Halsey, CSR, Official Court Reporter 15

1 Exhibits were marked
2 as State's Exhibit
3 Nos. 1 & 2, for identi-
4 fication purposes
5 only, after which
6 time the proceedings
7 were resumed as
8 follows:)
9
10 BY MR. GREG DAVIS::
11 Q. Doctor, if you would, please look at
12 the photographs marked as State's Exhibits 1 and 2. Were
13 these in fact the autopsy photographs that were taken of
14 Damon Routier, at or near the time of the autopsy?
15 A. These are some of the photos that were
16 taken during the course of the autopsy, yes.
17 Q. And, do these photographs show the
18 injuries that you have just noted to us, in your
19 testimony?
20 A. Yes, they do.
21
22 MR. GREG DAVIS: Your Honor at this
23 time we would offer State's Exhibits 1 and 2.
24 MR. DOUGLAS PARKS: No objection.
25 THE COURT: It's received.

Sandra M. Halsey, CSR, Official Court Reporter 16

1 MR. GREG DAVIS: State's Exhibits 1 and
2 2.
3 THE COURT: One and 2?
4 MR. GREG DAVIS: Yes, sir.
5 THE COURT: Thank you. They are
6 received.
7
8 (Whereupon, the documents
9 heretofore mentioned were
10 marked and received in
11 evidence as State's
12 Exhibits No. 1 & 2, after
13 which time, the
14 proceedings were resumed
15 as follows:)
16
17 BY MR. GREG DAVIS:
18 Q. Doctor, if you would, if you could just
19 show us here, as we look at State's Exhibit 1, you have
20 noted in your testimony two incised wounds. Could you
21 please point to those for the Court?
22 A. This is, what I designated, arbitrarily
23 as incised wound number 1, and this is incised wound
24 number 2.
25 Q. Okay. The other four wounds that we

Sandra M. Halsey, CSR, Official Court Reporter 17

1 have noted here are these, in fact, puncture wounds?
2 A. They are stab wounds, yes.
3 Q. All right. Are they consistent with
4 having been produced by an individual stabbing Damon
5 Routier with a knife?
6 A. Yes, a single edged instrument, such as
7 a knife.
8 Q. Okay. Single edged?
9 A. Yes.
10 Q. Okay. Why do you have that opinion?
11 A. All of these injuries had a single
12 blunt angle, and a single sharp angle, which is consistent
13 with a single edged, sharp instrument.
14 Q. Okay. Can you tell us about the depth
15 of these four puncture wounds, please?
16 A. Again, all of these designations are
17 arbitrary, so that we can talk about them more easily. I
18 call this stab wound number 1. It, as you see, enters in
19 the left mid-back. It went through the left 8th rib and
20 penetrated the left lung. The maximum depth of
21 penetration was one and three quarter inches.
22 This, I designated as stab wound number
23 2, entering, as you can see, in the right upper back. It
24 went through the right 8th rib and right lung.
25 And this, I call stab wound Number 3.

Sandra M. Halsey, CSR, Official Court Reporter 18

1 It went through the right mid-back and penetrated the
2 right lung.
3 This I called stab wound number 4. And
4 it entered the right -- the lower right mid-back and went
5 through the right lung diaphragm and liver.
6 Q. Okay. If we look at stab wound number
7 1, what was the maximum depth of the penetration there?
8 A. This was one and three quarter inches.
9 Stab wound number 2 was four and three-eighths inches.
10 Stab wound number 3 was one and seven-eighths inches. And
11 stab wound number 4 was three inches.
12 Q. Okay. Thank you. Now, State's Exhibit
13 No. 2, does this in fact show the width or the length of
14 that stab wound, one of the stab wounds to his back?
15 A. Yes. To get a more accurate
16 measurement we re-approximate the margins, and that is
17 what is done here.
18 Q. And that is approximately how long?
19 A. Well, it's approximately --
20 approximately two inches long.
21 Q. Okay. Doctor, was an autopsy performed
22 by a Dr. McClain, of your office, on an individual
23 identified as Devon Routier?
24 A. Yes, it was.
25 Q. Okay. Did you have an opportunity to

Sandra M. Halsey, CSR, Official Court Reporter 19

1 review that autopsy, in the course of your duties out
2 there?
3 A. Yes.
4
5
6 (Whereupon, the
7 Following mentioned
8 Exhibit was marked
9 as State's Exhibit
10 No. 26, for identi-
11 fication purposes
12 only, after which
13 time the proceedings
14 were resumed as
15 follows:)
16
17 BY MR. GREG DAVIS:
18 Q. First of all, looking at State's
19 Exhibit No. 26, does that appear to be a true and correct
20 copy of the autopsy report prepared on the case involving
21 Devon Routier?
22 A. Yes, it does.
23 Q. Does it bear a number, an
24 identification number of 1811-96?
25 A. Yes.

Sandra M. Halsey, CSR, Official Court Reporter 20

1
2 (Whereupon, the
3 Following mentioned
4 Exhibit was marked
5 as State's Exhibit
6 No. C, for identi-
7 fication purposes
8 only, after which
9 time the proceedings
10 were resumed as
11 follows:)
12
13 BY MR. GREG DAVIS:
14 Q. And looking at State's Exhibit C, is
15 this a photograph also bearing that same number of
16 96-1811, the individual identified to your office as Devon
17 Routier?
18 A. Yes.
19
20 (Whereupon, the
21 Following mentioned
22 Exhibits were marked
23 as State's Exhibit
24 No. 3, 4, & 5, for identi-
25 fication purposes

Sandra M. Halsey, CSR, Official Court Reporter 21

1 only, after which
2 time the proceedings
3 were resumed as
4 follows:)
5
6 BY MR. GREG DAVIS:
7 Q. Looking at State's Exhibits 3, 4, and
8 5, do these 3 photographs also bear the identification
9 number of 1811-96?
10 A. Yes, they do.
11 Q. Do they appear to be true and correct
12 photographs of the autopsy, of the body of Devon Routier,
13 taken at or near the time of his autopsy?
14 A. Yes.
15 Q. Okay.
16
17 MR. GREG DAVIS: Your Honor, at this
18 time we would offer State's Exhibits 26, 3, 4 and 5, and
19 for record purposes only State's Exhibit C.
20 MR. DOUGLAS PARKS: No objection.
21 THE COURT: Received.
22
23 (Whereupon, the items
24 heretofore mentioned
25 were received in evidence

Sandra M. Halsey, CSR, Official Court Reporter 22

1 as State's Exhibits No. C,
2 for record purposes, and
3 3, 4, 5 and 26,
4 for all purposes,
5 after which time, the
6 proceedings were resumed
7 as follows:)
8
9 BY MR. GREG DAVIS:
10 Q. Doctor if you would if you would detail
11 for the Court the types of injuries that were noted during
12 the autopsy of Devon Routier?
13 A. Well, he had a stab wound in the left
14 side of the chest. This went through the left upper lobe
15 of the -- that is to say, the upper lobe of the left lung.
16 It went through the pulmonary artery, which is along with
17 the aorta, they are the two largest arteries in the body.
18 The pulmonary artery, I think most
19 people hear about the aorta from time to time, not so much
20 the pulmonary artery. The pulmonary artery is the artery
21 which in an adult is about an inch in diameter, which goes
22 from the right ventricle, one of the two main pumping
23 chambers of the heart, it goes from the right ventricle
24 and pumps the blood through the pulmonary artery to the
25 lungs, where the blood becomes oxygenated, and then is

Sandra M. Halsey, CSR, Official Court Reporter 23

1 returned to the heart, so that it can then be pumped
2 through the entire rest of the body by the left ventricle
3 of the heart. At any rate, it's a very large artery, and
4 the stab wound also went through the lower lobe of the
5 right lung. The maximum depth of penetration was
6 estimated to be 5 inches.
7 There was also a stab wound of the left
8 side of the chest, which was lower down, and this stab
9 wound went through the left lobe of the liver, and it's
10 maximum depth of penetration was estimated to be two and a
11 half inches.
12 Q. Looking at State's Exhibit No. 3, is
13 this a photograph of the two wounds that you have just
14 noted for us?
15 A. Yes.
16 Q. With the wound number 1 being the
17 higher wound?
18 A. Yes.
19 Q. Is that correct?
20 A. Yes, it is.
21 Q. And the depth of penetration on this
22 particular wound that I am holding my finger to was what?
23 A. Five inches approximately.
24 Q. And the depth on the second wound was
25 what?

Sandra M. Halsey, CSR, Official Court Reporter 24

1 A. Approximately two and a half inches.
2 Q. Okay. State's Exhibits 4 and 5, are
3 they close up photographs of those two wounds?
4 A. Yes, indeed.
5 Q. And, do they show the length to be
6 approximately 2 inches on each wound?
7 A. Yes, approximately.
8 Q. Okay. With regard to Devon's wounds,
9 do you have an opinion, as to whether those wounds were
10 made by an individual stabbing Devon Routier with a knife?
11 A. Well, again, they have the typical
12 characteristics of injuries inflicted by a single-edged
13 weapon, such as a knife, yes.
14 Q. All right. Let me also ask you, do you
15 have an opinion as to how quickly Devon Routier would have
16 bled, as a result of those two wounds?
17 A. Very quickly.
18 Q. When you say very quickly, can you
19 quantify that for us? Would it be a matter of seconds?
20 A. Well, a few minutes, would, in all
21 likelihood be sufficient time for him to become very
22 hypotensive, and sustain a large amount of blood loss, and
23 then in a few more minutes, very likely be dead.
24 Q. Okay. Now, Doctor, did you have an
25 opportunity sometime after you performed these autopsies

Sandra M. Halsey, CSR, Official Court Reporter 25

1 to meet with a person identified to you as Darlie Routier?
2 A. Yes.
3 Q. Do you see her here in the courtroom
4 this morning?
5 A. Yes, I do.
6 Q. And is she the individual in the white
7 coveralls?
8 A. Yes.
9 Q. Okay.
10
11 MR. GREG DAVIS: Your Honor, may the
12 record please reflect that this witness has identified the
13 defendant in open court?
14 THE COURT: Yes.
15
16 BY MR. GREG DAVIS:
17 Q. Do you remember where you met Mrs.
18 Routier?
19 A. Yes, at Baylor University Medical
20 Center.
21 Q. Was she actually still in the hospital?
22 A. Yes, she was in a hospital bed.
23 Q. How was she dressed?
24 A. In a hospital gown.
25 Q. Did you go over there with someone?

Sandra M. Halsey, CSR, Official Court Reporter 26

1 A. Yes, Betty Porter from our office.
2 Q. Anyone else present when you met her?
3 Any police officers?
4 A. Well, when we were taken upstairs by
5 one of the nurses there was a Rowlett police officer with
6 us, I don't recall his name. When I actually spoke with
7 Mrs. Routier, it was just myself talking with her.
8 Q. Okay. And what did you talk with her
9 about?
10 A. Well, her injuries.
11 Q. Okay. And, did have you an opportunity
12 to observe those injuries?
13 A. Well, as well as I could under the
14 circumstances, yes.
15 MR. GREG DAVIS: May I approach, your
16 Honor?
17 THE COURT: Yes.
18
19 (Whereupon, the
20 Following mentioned
21 Exhibits were marked
22 as State's Exhibit
23 No. 17, 18 & 19, for
24 identification purposes
25 only, after which

Sandra M. Halsey, CSR, Official Court Reporter 27

1 time the proceedings
2 were resumed as
3 follows:)
4
5 BY MR. GREG DAVIS:
6 Q. Doctor, if you would, please look at
7 these three photographs marked as State's Exhibits 17, 18
8 and 19. Do those truly and accurately depict the injuries
9 to Darlie Routier as they appeared to you, when you viewed
10 her at Baylor Hospital?
11 A. State's Exhibits 17 and 19 pretty
12 closely reflect what I saw.
13 Q. All right. Do you recognize the
14 injuries to the fingers that are shown in State's Exhibit
15 No. 18?
16 A. No, I didn't see her left hand.
17 Q. Okay.
18
19 MR. GREG DAVIS: Your Honor, at this
20 time, we will offer State's Exhibits 17 and 19.
21 MR. DOUGLAS PARKS: No objection, Your
22 Honor.
23 THE COURT: State's Exhibits 17 and 19
24 are received.
25

Sandra M. Halsey, CSR, Official Court Reporter 28

1 (Whereupon, the documents
2 heretofore mentioned were
3 marked and received in
4 evidence as State's
5 Exhibit No. 17 & 19, after
6 which time, the
7 proceedings were resumed
8 as follows:)
9
10 BY MR. GREG DAVIS:
11 Q. If you would, will you please look at
12 State's Exhibit 17 first. Do we see an injury here which
13 is to the neck area of Mrs. Routier, and then another
14 injury over here, closer to her left shoulder. Are those
15 the two injuries that are shown here?
16 A. Yes, covered by steri strips.
17 Q. Okay. Steri strips being something
18 applied by the doctors, after they have done some
19 exploratory surgery there?
20 A. Yes, to hold the wound edges together.
21 Q. And, in State's Exhibit No. 19, do we
22 see a wound to Mrs. Routier's right forearm?
23 A. Actually there are two. One is sutured
24 closed and the other one is opened.
25 Q. The smaller one being the open one,

Sandra M. Halsey, CSR, Official Court Reporter 29

1 right above that; is that right?
2 A. Yes, less than an inch long.
3 Q. Now, with regards to the injuries that
4 you noted to Mrs. Routier, in your opinion, would you say
5 that those are consistent or inconsistent with the
6 injuries that were noted to Devon and Damon Routier,
7 during the autopsies?
8 A. They don't have much in common with the
9 injuries to the boys --
10 Q. Okay.
11 A. Other than that they appear to be, and
12 by the description that I received by one of the surgeons,
13 are sharp force injuries.
14 Q. Okay. Produced by a knife, correct?
15 A. Perhaps, yes.
16 Q. Okay. In what ways are they
17 inconsistent with the injuries noted?
18 A. Well, the injuries to the boys were
19 largely trunk wounds and they were largely stab wounds,
20 and her injuries are -- well, there is one on the trunk,
21 but it is the shoulder, it is not the main portion of the
22 trunk. And the other one is neck. And the other one --
23 or the other two, are on an extremity, and they all
24 comparatively speaking to the boy's deep stab wounds,
25 appear to be somewhat superficial.

Sandra M. Halsey, CSR, Official Court Reporter 30

1 Q. All right. So the locations are
2 inconsistent; correct?
3 A. Largely.
4 Q. All right. And you say that the nature
5 of the wounds, versus deep, puncture wounds, these are
6 relatively superficial; is that right?
7 A. Yes, based on what I saw, and what I
8 learned from talking with one of the surgeons.
9 Q. Okay. This wound to the right arm, for
10 instance, how deep a wound is this?
11 A. The surgeon I talked to said that it
12 went through and hit the bone, but if you look at that
13 portion of your forearm you realize the bone is less than
14 an inch away, so that doesn't actually mean that it's a
15 particularly deep wound. And, based on that, combined
16 with the appearance on the surface of the skin, it would
17 appear to be an incised wound, not a stab wound. The
18 smaller wound is really quite superficial.
19 Q. Are you familiar with the term
20 hesitation wound?
21 A. Yes.
22 Q. What is a hesitation wound?
23 A. Well a hesitation wound is usually, not
24 always, seen in suicide cases. For instance, if someone
25 decides to cut their own throat, often what will happen is

Sandra M. Halsey, CSR, Official Court Reporter 31

1 they will take the knife or whatever the sharp instrument
2 is, and begin, and it hurts, basically, and they stop, and
3 they will do that multiple times, often leaving many
4 little superficial incised wounds on their neck before
5 they actually get the courage up, as it were, and go ahead
6 and do a deep slice, which actually does the deed.
7 Q. Looking at this smaller wound, the top
8 wound here in the photograph, is that wound consistent
9 with being a hesitation wound?
10 A. It could be a hesitation wound. It's
11 actually a little bit deeper than most of the hesitation
12 wounds I have seen, but they vary, so you can't say for
13 sure.
14 Q. All right. If you could now, let's
15 look at the two injuries here on State's Exhibit No. 17.
16 With regards to the one closer to the left shoulder, did
17 that wound, did the knife strike any sort of vital organs,
18 the plural cavity, the lungs, or anything of that nature?
19 A. No, but again based on what I have
20 learned, in talking with one of the surgeons on the case,
21 was that it went into muscle, and did not penetrate the
22 plural cavity or damage a lung, or hit any major blood
23 vessel.
24 Q. Okay. And, if you could, please
25 describe the wound that we see to the neck here in State's

Sandra M. Halsey, CSR, Official Court Reporter 32

1 Exhibit 17.
2 A. Well, what I can see, again, it's
3 covered by steri strips, but it basically looked like a
4 horizontal, incised wound, at the base of the neck. And
5 again, based on talking to one of the surgeons, what I was
6 told was it went through platysma muscle. The platysma
7 muscle is a very thin, sheet like muscle, that is -- it's
8 applied to, and it's very densely applied to the deep
9 surface of your neck skin, and has a lot to do with the
10 tone of your neck, muscle tone that is. At any rate, it
11 went through that, but it did not invade any of the strap
12 muscles. You have got a lot of long, thin muscles, which
13 overlay the neck, running up and down. It did not involve
14 those muscles but it did get a few of the -- what we call,
15 little bleeders, minor blood vessels, right on top of the
16 thyroid, here at the base of the neck.
17 Q. Okay. Could you just approximate the
18 depth of that wound then, to the neck.
19 A. Well, certainly less than an inch. I
20 mean, I can't tell you for sure, but it is certainly less
21 than an inch, for it not to get into the strap muscles.
22 Possibly less then half an inch, but it is hard to say.
23 Q. In your opinion, Doctor, is it possible
24 for each of these wounds that we see in State's Exhibits
25 17 and 19 to have been self-inflicted by Darlie Routier?

Sandra M. Halsey, CSR, Official Court Reporter 33

1 A. They could have been.
2 Q. Okay. At the time that you saw Mrs.
3 Routier, did you know whether or not she had had breast
4 implants?
5 A. I did not know.
6 Q. All right.
7
8 MR. GREG DAVIS: I'll pass the witness,
9 your Honor.
10
11 CROSS EXAMINATION
12
13 BY MR. DOUGLAS PARKS:
14 Q. Doctor, you certainly were not present
15 at the attack on Darlie Routier and her two children, were
16 you?
17 A. No, indeed.
18 Q. Now you have indicated that you went to
19 Baylor University Medical Center to visit with Mrs.
20 Routier. Why did you do that?
21 A. The police requested that one of the
22 medical examiners from our office do that, and it was the
23 decision of -- I don't recall if it was the chief medical
24 examiner or the deputy chief, but at any rate, one of them
25 decided that that would be a fine thing for us to do, and

Sandra M. Halsey, CSR, Official Court Reporter 34

1 so, it turned out, that I got done with the autopsy on
2 Damon before Dr. McClain was going to be finished with the
3 autopsy on Devon, so I was the one who went.
4 Q. Did you tell Mrs. Routier that you were
5 there at the request of the police department?
6 A. I don't recall.
7 Q. Did you take any notes of that visit?
8 A. No, I did not.
9 Q. Anyone else present besides you and
10 Mrs. Routier during your examination?
11 A. The surgeon -- well, again, the surgeon
12 that I spoke with, came and lowered the hospital gown to
13 the level that I was able to see the two areas of steri
14 stripping, but after just doing that, he basically was off
15 to one side, and when I was actually looking at the
16 injuries, no, it was just her and myself.
17 Q. Would that be Dr. Santos?
18 A. No, I know Dr. Santos.
19 Q. Who was it?
20 A. I don't recall, but I can tell you it
21 was not Dr. Santos, since I happen to know him.
22 Q. Is this the person, upon whom you
23 relied, in forming whatever opinions you formed about how
24 these injuries -- or the extent of these injuries?
25 A. As I said, the resident that I talked

Sandra M. Halsey, CSR, Official Court Reporter 35

1 to, is the person I got the information from, in terms of
2 the depths of the injuries. I, of course, was not there
3 during her exploratory surgery, or when her wounds were
4 stitched up, so, it was one of the surgery residents on
5 the team taking care of her with whom I spoke.
6 Q. Okay. So, did you talk to Dr. Santos
7 about this matter?
8 A. No, I did not talk with Dr. Santos. He
9 was not present.
10 Q. Is it your understanding that Dr.
11 Santos was the surgeon in this matter?
12 A. He is the attending physician.
13 Q. Okay.
14 A. That does not necessarily mean that he
15 is the one who sewed up the injuries.
16 Q. Okay. But you can't recall the name of
17 resident with whom you spoke?
18 A. No, I do not.
19 Q. Okay. In addition to talking with the
20 resident, Doctor, did you review any of the medical
21 records or the surgery reports?
22 A. No.
23 Q. Do you know, for instance, how close
24 the neck wound came to the carotid artery?
25 A. Based on the information given to me by

Sandra M. Halsey, CSR, Official Court Reporter 36

1 that resident, combined with my knowledge of anatomy, I
2 can tell you that it didn't come all that close.
3 Q. What would be your best estimate of --
4 what does all that close mean?
5 A. Well --
6 Q. A half an inch?
7 A. In terms of a carotid artery, a half an
8 inch is as good as a mile. Yes. And it was certainly
9 further away than that.
10 Q. I'm sorry.
11 A. It was probably further away than half
12 an inch?
13 Q. Further away than half an inch. What
14 about the carotid sheath? What is the carotid sheath?
15 A. The carotid sheath is the fascia within
16 which the carotid artery and the internal jugular vein
17 run.
18 Q. Would it be fair to say that in general
19 terms, at least, that if it were half an inch or more away
20 from the carotid artery, it would be half an inch or more
21 away from the carotid sheath?
22 A. Well, no, the carotid sheath is bigger
23 than the carotid artery.
24 Q. How much bigger?
25 A. Well, it also encompasses the internal

Sandra M. Halsey, CSR, Official Court Reporter 37

1 jugular vein, which in most adults is a quarter of an inch
2 in diameter.
3 Q. So, it could have been, as near as a
4 quater of an inch, probably further than that, from the
5 carotid sheath?
6 A. Likely.
7 Q. With respect to the neck wound, as far
8 as you could tell, Doctor, were there any hesitation
9 wounds to the throat cutting?
10 A. I couldn't tell because it was covered
11 by steri strips.
12 Q. The bruising that you see on the right
13 forearm in the photographs that you have before you, do
14 you have any explanation of that bruising?
15 A. I don't have the photographs in front
16 of me, and no, I do not.
17 Q. Have you seen photographs that show
18 bruising of the right arm?
19 A. I don't think so.
20 Q. Okay. Well, let's just assume for the
21 purposes of this hearing, that Mrs. Routier's right inside
22 arm was bruised from the wrist to the armpit. This
23 shallow incised wound that you described on the right
24 forearm, would that account for that, do you think?
25 A. Well, first of all, you are not showing

Sandra M. Halsey, CSR, Official Court Reporter 38

1 me anything to look at. Secondly, that would be very
2 unusual. Thirdly, I don't know what color bruises you are
3 talking about.
4 Q. Well, let's say, just for purposes of
5 this hearing. Let's just say they are dark bruises?
6 A. Dark.
7 Q. Yes.
8 A. What color?
9 Q. Almost --
10 A. Dark red, or dark purple?
11 Q. Almost purple.
12 A. And you are saying going all the way up
13 her upper extremity.
14 Q. Yes, ma'am.
15 A. That would be unusual.
16 Q. What could account for that, do you
17 think?
18 A. Contusions are bruises. Bruises are
19 caused by, as routinely, by blunt force injuries, and
20 unless they are patterned, you can't say by looking at
21 them what causes them.
22 Q. Could it have been caused by the fact
23 that she was forcibly stabbed in the right forearm, enough
24 that it went to the bone?
25 A. I'm not following your logic.

Sandra M. Halsey, CSR, Official Court Reporter 39

1 Q. Well, I mean, it would just seem to me,
2 Doctor, that if you had a wound to the right forearm, as
3 you have described, that went to the bone, which I believe
4 you said the surgeon told you that it did, would a
5 forceful stabbing of the forearm possibly cause bruising
6 on the inside of the arm?
7 A. That extensively, that would be
8 unusual, very unusual.
9 Q. Well, let's just assume, and I
10 understand that you have not seen any pictures, but let's
11 just assume that she was bruised in that way, do you have
12 any way to account for that as a medical doctor?
13 A. You are trying to suggest that there
14 is sufficient blood extravasation from this incised wound,
15 that she has got blood all the way -- subcutaneous blood
16 all the way up to her axilla?
17 Q. Well, I'm really not trying to suggest
18 anything.
19 A. Well, it simply does not make any sense
20 to me.
21 Q. Okay. Now, the wounds to the left
22 shoulder. I believe you said that -- well, what did you
23 say about hesitation wounds in the left shoulder area?
24 Any hesitation wounds or not?
25 A. I didn't say anything about it.

Sandra M. Halsey, CSR, Official Court Reporter 40

1 Q. Okay. Did you see any?
2 A. No. That again was covered by steri
3 strips.
4 Q. Okay. So, the only thing that you saw
5 that might have been, I believe was your words, a
6 hesitation wound, was the smaller wound beside the deeper
7 wound to the right forearm; is that correct?
8 A. It's possible.
9 Q. Now, the prosecutor asked you whether
10 or not these wounds could have possibly been
11 self-inflicted. Based upon your examination of Mrs.
12 Routier, and the photographs that you have seen, do you
13 have an opinion whether or not these wounds were
14 self-inflicted in reasonable, medical probability?
15 A. They could have been.
16 Q. I could win the lottery if I buy a
17 ticket, Doctor. If I ask you whether or not, in your
18 opinion, these wounds are consistent with being
19 self-inflicted, in all reasonable, medical, probability,
20 what is your answer?
21 A. You are not going to get one. All I'm
22 going to say is they could have been.
23 Q. Okay. Obviously then, they could not
24 have been self-inflicted?
25 A. They might not have been.

Sandra M. Halsey, CSR, Official Court Reporter 41

1 Q. Doctor, I'm almost through. But, you
2 indicated earlier that in your experience, or I believe
3 you have indicated earlier, that in your experience with
4 seeing hesitation wounds, did I understand you correctly,
5 that more often than not, there are more than one
6 hesitation wound in self-inflicted wounds?
7 A. Often. In my experience.
8 Q. More often than not, or could you say?
9 A. Are you asking in a case that there are
10 hesitation wounds, do I usually see more than one versus
11 one?
12 Q. Yes.
13 A. Usually you see more than one.
14 Q. Okay.
15 A. If they are present.
16 Q. You did the autopsy on Damon; is that
17 correct?
18 A. Yes.
19 Q. And, Dr. McClain on Devon?
20 A. Yes.
21 Q. Okay.
22
23 MR. DOUGLAS PARKS: I'll pass the
24 witness.
25 MR. GREG DAVIS: No further questions.

Sandra M. Halsey, CSR, Official Court Reporter 42

1 THE COURT: You may step down.
2 May this lady be excused?
3 MR. DOUGLAS PARKS: I have no
4 objection.
5 MR. GREG DAVIS: Yes, sir.
6 THE COURT: All right. Then you're
7 excused, Doctor. Thank you for being here. All right.
8
9
10
11 Whereupon,
12
13 DAVID WADDELL,
14
15 was called as a witness, for the State of Texas, having
16 been first duly sworn to speak the truth, the whole truth,
17 and nothing but the truth, testified in open court, as
18 follows:
19
20 DIRECT EXAMINATION
21
22 BY MR. GREG DAVIS:
23 Q. Would you please state your full name?
24 A. David Waddell.
25 Q. Are you a Rowlett police officer?

Sandra M. Halsey, CSR, Official Court Reporter 43

1 A. Not at the time I'm not.
2 Q. Okay. Back on June the 6th of 1996
3 were you a Rowlett police officer?
4 A. Yes, sir.
5 Q. And, what hours were you working that
6 day?
7 A. I was working 10:00 P.M. to 6:00 A.M.
8 Q. Okay. Did you have any particular beat
9 or area of the town that you were patrolling?
10 A. I was working the east side of town,
11 which was 82 beat.
12 Q. Okay. Now, I'm going to take you back
13 to approximately 2:30, which would be the early morning
14 hours of June 6th of 1996. At about that time, Officer,
15 did you receive a call to go a location on Eagle Drive?
16 A. Yes, I did.
17 Q. And, do you recall where you were when
18 you got that call?
19 A. I was sitting on the side of Highway
20 66, I believe it was the Victory Baptist Church parking
21 lot.
22 Q. Okay. About how far away from 5801
23 Eagle were you?
24 A. About two miles, probably.
25 Q. Did you immediately go to that

Sandra M. Halsey, CSR, Official Court Reporter 44

1 location?
2 A. Yes, I did.
3 Q. Approximately how long did it take you
4 to get from the Victory Baptist Church to the location on
5 Eagle Drive?
6 A. Approximately two to three minutes.
7 Q. Now, during the time that you were
8 going from your location to Eagle Drive, Officer, did you
9 see any suspicious automobiles speeding away from the
10 general area of Eagle Drive?
11 A. No, sir, I didn't.
12 Q. Were you by yourself that night?
13 A. Yes, sir.
14 Q. Were you in uniform?
15 A. Yes, sir.
16 Q. Were you in a marked patrol car?
17 A. Yes, I was.
18 Q. When you -- did you go to 5801 Eagle
19 Drive?
20 A. Yes, sir.
21 Q. Is that in Dallas County, Texas?
22 A. Yes, it is.
23 Q. Could you tell us what is the very
24 first thing that you noticed when you got to 5801 Eagle
25 Drive?

Sandra M. Halsey, CSR, Official Court Reporter 45

1 A. When I first stopped the patrol car on
2 the north said of the house, I noticed Mr. Routier running
3 from the front door running out into the front yard.
4 Q. Okay. Do you recall how he was dressed
5 that evening or that morning?
6 A. He was wearing blue jeans and no shirt,
7 and no shoes.
8 Q. Okay. Was he saying anything as he
9 left the house?
10 A. He was hollering for help, telling me
11 to come help him because his kids had been stabbed, and
12 they were dying.
13 Q. When you say that you parked on the
14 north side of the house, would that be in front of the
15 house, or on the side?
16 A. It was on the side of the house.
17 Q. So, did you stop and talk with him
18 outside, or did you go inside then?
19 A. I met him in the front yard and asked
20 him what was going on, and as soon as I got up to him he
21 turned and went back into the house and I followed him
22 into the house.
23 Q. Now, when you went inside the house,
24 where did you go?
25 A. Straight -- there is an entrance way, I

Sandra M. Halsey, CSR, Official Court Reporter 46

1 walked into the entrance way of the house and, I saw the
2 blood everywhere on the floor, and I kind of stopped to
3 see where I was going, and what I was getting into.
4 Q. All right. Was there actually blood in
5 the hall way, or the entry way, as you came into the
6 house?
7 A. Yes.
8 Q. Is that the blood that you are talking
9 about?
10 A. Yes, sir.
11 Q. Okay. Now, where did you go next?
12 A. I went into the living room.
13 Q. When you say the living room, as you go
14 in the house, if we can picture this, there is a hallway
15 that leads straight in; correct?
16 A. Yes, sir.
17 Q. Immediately to the left hand side as
18 you walk in the front door, isn't there kind of a formal
19 living room area?
20 A. Yes, sir, I believe there is.
21 Q. All right. Now, did you go into that
22 room, or did you go farther into the house?
23 A. I went straight into the house, into
24 the room which is adjacent to the kitchen.
25 Q. So, if we could, if we could talk about

Sandra M. Halsey, CSR, Official Court Reporter 47

1 that as being either the den or the family room; okay?
2 A. Yes, sir.
3 Q. So, when you went into this family room
4 or the den, what did you see?
5 A. I saw a little boy laying on the left
6 side of the wall, and I saw Mrs. Routier standing beside
7 the bar talking on the telephone.
8 Q. When you say Mrs. Routier, are you
9 speaking about the defendant Darlie Routier?
10 A. Yes I am.
11 Q. Is she seated over here to my left in
12 the white coveralls?
13 A. Yes, she is.
14
15 MR. GREG DAVIS: Your Honor, may the
16 record please reflect that this witness has identified the
17 defendant in open court.
18 THE COURT: Noted.
19
20 BY MR. GREG DAVIS:
21 Q. How far -- you say that you saw a boy
22 laying on the floor to the left. How far away from that
23 boy was Mrs. Routier when you first saw her?
24 A. Maybe 3 feet, 4 feet.
25 Q. Okay. Was she -- did it appear that

Sandra M. Halsey, CSR, Official Court Reporter 48

1 she was giving any sort of first aid or CPR, or any sort
2 of care to the boy?
3 A. No.
4 Q. Okay. Again, what was she doing?
5 A. She was talking on the telephone.
6 Q. Could you tell who she was talking to?
7 A. I didn't know. I assumed it was the
8 dispatcher.
9 Q. All right. Did you stop and look at
10 the boy that was on the floor.
11 A. Yes, I did.
12 Q. And, could you please describe his
13 physical condition to the Court?
14 A. He was laying on his stomach, I could
15 see he had blood all over his back, he was trying to move,
16 and, he was gasping for breath, and that is -- I stepped
17 over his feet, and went over to her to try to find out
18 where the suspect was.
19 Q. Could you tell whether his eyes were
20 open or not?
21 A. His eyes were open.
22 Q. In what direction would his face have
23 been turned, toward Mrs. Routier or away from Mrs.
24 Routier?
25 A. Towards.

Sandra M. Halsey, CSR, Official Court Reporter 49

1 Q. Was there anything that you could see,
2 that stood between Mrs. Routier and the child that would
3 have prevented her from looking at this child's face, and
4 seeing that his eyes were open, and that he was gasping
5 for breath?
6 A. No, he was looking at us when I stepped
7 over him to get next to her, he was looking up at both of
8 us.
9 Q. Did you ever hear him say anything?
10 A. No words, no.
11 Q. Okay. Do you recall whether there was
12 a towel, or any other object on his -- on the top of his
13 back?
14 A. No, there was not.
15 Q. Describe Mrs. Routier's physical
16 condition or her appearance when she was on the telephone.
17 A. She was wearing a white T-shirt that
18 was soaked in blood. She was holding a towel over her
19 neck with one hand, and the telephone was in the other
20 hand.
21 Q. Where did Mr. Routier go to?
22 A. He went to a second child that was
23 farther into the family room.
24 Q. Did you see what he did with that
25 child?

Sandra M. Halsey, CSR, Official Court Reporter 50

1 A. He was trying to administer first aid
2 to him.
3 Q. Okay. Did you have a conversation with
4 Mrs. Routier?
5 A. I talked to her briefly, yes.
6 Q. Okay. Could you tell us what that
7 conversation was?
8 A. I believe the first thing I asked her
9 was, who had done this. When I asked her that, she told
10 me that he was still -- somebody was still in the house.
11 And then I directed my attention -- she pointed to the
12 garage, and told me that somebody had ran out into the
13 garage. I stepped over, to look into the garage, just to
14 see if I could see anybody, and told her to apply some
15 pressure to the first child's wounds.
16 Q. Did she?
17 A. No.
18 Q. What did she do?
19 A. She sat down on the floor right where
20 she was standing.
21 Q. Well, after you told her to apply the
22 pressure, and she sat down. What happened next?
23 A. I walked back over to where she was,
24 and I asked her again who had done it, and if there had
25 been any problems in the house, or if they had had any

Sandra M. Halsey, CSR, Official Court Reporter 51

1 problems with anybody that she might think would have done
2 it, and she told me no, and she kept telling me, that the
3 guy was still in the house.
4 She told me that she had fought with
5 somebody in the kitchen area, and that after she fought
6 with him he had ran out into the garage and dropped the
7 knife somewhere in the kitchen, between the kitchen and
8 the garage, and that she had went and picked up the knife,
9 and laid it on the counter, which was, she pointed to the
10 counter, and the knife was sitting there. And she told me
11 that she probably should not have done that, because she
12 messed up the fingerprints on the knife.
13 I told her not to worry about that. I
14 said, "Get down and help your little boy there, and I will
15 keep an eye on the garage."
16 Q. When you told her this second time to
17 go down there and to help her boy, did she?
18 A. No.
19 Q. What did she do?
20 A. She was sitting down at the time, and
21 when I told her that, she looked up at me and pulled the
22 towel off of her neck, and showed me the cut on her neck.
23 Q. This t