Volume 5

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. 5 OF 53 VOLS.
17 August 27, 1996
18 Tuesday
19
20
21
22
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 263

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Tuesday, the 27th 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 resumed, 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 264

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 265

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 266

1 P R O C E E D I N G S
2
3 August 27th, 1996
4 Tuesday
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. Back on the record
20 now. All counsel and the defendant are present. This is
21 the second day of testimony in regard to F-96-39972 and
22 73. Are both sides ready to resume?
23 MR. GREG DAVIS: Yes, your Honor.
24 Ms. Wallace has gone back to get Jimmy Patterson. He is
25 back there in the work room.

Sandra M. Halsey, CSR, Official Court Reporter 267

1 THE COURT: Okay.
2 MR. GREG DAVIS: And while we are
3 waiting for Detective Patterson; yesterday, Counsel
4 inquired about an offense report that was purportedly
5 prepared by Detective Patterson. I have looked through my
6 records as has Detective Patterson. We can not find an
7 offense report that was actually prepared by him.
8 He has this morning given me certain
9 reports that he did prepare. One is entitled
10 investigative supplement interviews, and I am tendering
11 that 3-page document to Counsel at this time.
12 He has also tendered to me several
13 pages of personal notes. And I am now tendering those to
14 Counsel, and he has also indicated that he has now given
15 me two additional documents entitled "telephone
16 memorandum" that he prepared, and I am now tendering those
17 to Counsel, and those are the reports that he has
18 prepared.
19 THE COURT: All right.
20 MR. WAYNE HUFF: Judge, I'm going to
21 need to go through these. I can proceed with some more
22 questions now.
23 THE COURT: Why don't you do that, then
24 we will take a break when you need one.
25 MR. WAYNE HUFF: That will be fine.

Sandra M. Halsey, CSR, Official Court Reporter 268

1 I'm prepared to proceed.
2 THE COURT: Thank you. Go ahead.
3
4
5 Whereupon,
6
7 DETECTIVE JIMMY PATTERSON,
8
9 Resumed the witness stand as a witness for the State of
10 Texas, having been previously duly sworn by the Court, to
11 speak the truth, the whole truth, and nothing but the
12 truth, was examined and testified further in open court,
13 as follows:
14
15
16 CROSS EXAMINATION (Resumed)
17
18 BY MR. WAYNE HUFF:
19 Q. Detective Patterson, I believe
20 yesterday we had reached the point where you had taken
21 Mrs. Routier's written statement, and that we had gotten
22 through the procedure for your having done that, and you
23 again met with her on June the 10th; is that correct?
24 A. Yes, sir, I believe that is right, yes,
25 sir.

Sandra M. Halsey, CSR, Official Court Reporter 269

1 Q. Did you ask that she came in -- that
2 she come in?
3 A. I'm not sure if we called and asked her
4 to come in or not.
5 Q. All right. Let me turn your attention
6 to the top page of your investigative summary, page 4, and
7 ask you if she was requested to come in?
8 A. Yes, sir, she was.
9 Q. And she did come in?
10 A. Yes, sir.
11 Q. Did she have her husband with her?
12 A. Yes, sir.
13 Q. Were they both interviewed or just her?
14 A. Both of them.
15 Q. All right. Who interviewed her
16 husband?
17 A. Detective Frosch.
18 Q. Okay. And you interviewed Mrs.
19 Routier; is that correct?
20 A. Yes, sir.
21 Q. You asked her to draw a diagram; is
22 that correct?
23 A. Yes, sir.
24 Q. Where is that diagram?
25 A. It's in the report.

Sandra M. Halsey, CSR, Official Court Reporter 270

1 Q. In this report?
2 A. No -- is that the affidavit?
3 Q. No. Is it in the affidavit for arrest
4 warrant?
5 A. Yes, sir.
6 Q. Okay. Is that what is referred to as
7 Exhibit A?
8 A. Yes, sir.
9
10 MR. WAYNE HUFF: Your Honor, our copy
11 of the affidavit for arrest warrant never had that exhibit
12 on it. We would ask that we be provided with that.
13 MR. GREG DAVIS: If I could approach
14 the witness for just a moment, your Honor?
15 THE COURT: You may.
16
17
18 VOIR DIRE EXAMINATION
19
20 BY MR. GREG DAVIS:
21 Q. Detective Patterson, I am now showing
22 you a document, and -- if you will, please mark that as
23 State's Exhibit D.
24
25 (Whereupon, the above

Sandra M. Halsey, CSR, Official Court Reporter 271

1 mentioned item was
2 marked for
3 identification only,
4 as State's Exhibit D,
5 after which time the
6 proceedings were
7 resumed on the record
8 in open court, as
9 follows:)
10
11 BY MR. GREG DAVIS:
12 Q. Is that, in fact, the diagram that she
13 drew for you on June the 10th, 1996?
14 A. Yes, sir.
15 Q. And that is the document that was
16 attached to the affidavit as Exhibit A; is that correct?
17 A. Yes, sir.
18
19 MR. GREG DAVIS: Your Honor, at this
20 time we will offer State's Exhibit D and tender that to
21 Counsel.
22 MR. WAYNE HUFF: Thank you.
23
24
25

Sandra M. Halsey, CSR, Official Court Reporter 272

1 CROSS EXAMINATION (Resumed)
2
3 BY MR. WAYNE HUFF:
4 Q. Is this a copy of the diagram that she
5 drew for you?
6 A. Yes, sir.
7 Q. Is it a true and accurate copy of the
8 original?
9 A. Yes, sir.
10
11 MR. WAYNE HUFF: Your Honor, we will
12 offer this for purposes of this hearing.
13 MR. GREG DAVIS: No objection.
14 THE COURT: Received.
15
16
17 (Whereupon, the above
18 mentioned item was
19 received in evidence
20 as State's Exhibit D,
21 for all purposes, after
22 which time, the
23 proceedings were
24 resumed as follows:)
25

Sandra M. Halsey, CSR, Official Court Reporter 273

1 BY MR. WAYNE HUFF:
2 Q. Was there a reason that you wanted Mrs.
3 Routier to draw you a diagram, Officer?
4 A. Yes, sir.
5 Q. What was that reason?
6 A. I just wanted her to show us exactly
7 where she was laying on the couch, where the suspect she
8 said was standing, the route that he took to the kitchen
9 or through the kitchen to the utility room.
10 Q. All right. And she did all that for
11 you did she?
12 A. Yes, sir.
13
14 MR. WAYNE HUFF: May I approach the
15 witness, your Honor?
16 THE COURT: Yes, sir.
17
18 BY MR. WAYNE HUFF:
19 Q. I'm showing you State's Exhibit D; is
20 that "X" the location where she said the suspect was?
21 A. Yes, sir.
22 Q. Okay. Which couch did she say that she
23 was on?
24 A. This couch right here.
25 Q. And, where was her head?

Sandra M. Halsey, CSR, Official Court Reporter 274

1 A. In this direction here. (Indicating on
2 diagram.)
3 Q. All right. So her head was down near
4 the TV; is that correct?
5 A. Yes, sir.
6 Q. All right. What route did she say the
7 suspect took as he left?
8 A. That he came between the couch and the
9 coffee table this way, and then, this little table top
10 that you call an island, he was on the east side of it,
11 and then went into the utility room.
12 Q. All right. Take this red pen and draw
13 the route that she told you the suspect took, if you
14 would.
15 A. Okay. (Witness complies.)
16 Q. All right. In other words, she said
17 that he went around the couch, around the island, and back
18 out the utility room; is that correct?
19 A. Yes, sir.
20 Q. All right. And past this wine rack
21 here, where the wine glasses were; is that correct?
22 A. Yes, sir.
23 Q. One of the wine glasses you later found
24 was broken; is that right?
25 A. Yes, sir.

Sandra M. Halsey, CSR, Official Court Reporter 275

1 Q. All right. Did you ask her any other
2 questions on June 10th, other than to draw a diagram?
3 A. No, sir, not that I can remember.
4 Q. All right. Did you ask her any
5 questions about when she saw the knife?
6 A. Well, I'm sure I did.
7 Q. What did she tell you?
8 A. Well, again she tells me that it was on
9 the floor in the utility room.
10 Q. Okay. Did she tell you when she saw
11 it?
12 A. When she followed the suspect towards
13 the utility room, she saw it on the floor.
14 Q. Okay. Did she tell you when she saw
15 it?
16 A. Well, when she got to the utility room.
17 Q. All right. Well actually, isn't it
18 part of your report that she told you she saw it across
19 the island?
20 A. Yes, sir.
21 Q. In fact, you went out and checked that
22 out; is that correct?
23 A. Yes, sir.
24 Q. And she -- did you ever confront her
25 with the fact that you couldn't see the knife over the

Sandra M. Halsey, CSR, Official Court Reporter 276

1 island?
2 A. No, sir, she came back at a later date
3 and said that -- matter of fact, I think she even called
4 in and said something to Sergeant Lamar Evans about that
5 she didn't see the knife over the island, that she had to
6 get to the utility room before she saw the knife.
7 Q. Okay. So, she called back the next day
8 and told you she was mistaken about that; is that correct?
9 A. I'm not sure if it was the next day.
10 Q. All right. Well, let me see if this
11 will refresh your memory.
12
13 (Showing document to
14 witness.)
15
16 A. Okay. Yes, sir, it was the next day.
17 Q. All right. Is there anything about
18 that, that troubled you? Was that one of the things that
19 you called an inconsistency?
20 A. Yes, sir.
21 Q. Why is that?
22 A. Well, when she first told me that she
23 saw the knife from the light switch, I couldn't see the
24 knife from the light switch, then she changed it to where
25 she saw the knife on the floor, from standing about mid

Sandra M. Halsey, CSR, Official Court Reporter 277

1 way of that island.
2 Q. All right. Well, in between the time
3 she told you she saw it over the island, and she called
4 Sergeant Evans, she had not been back out to the house,
5 had she?
6 A. No, sir.
7 Q. So she would have had no way of knowing
8 whether that was wrong or not; is that right?
9 A. Well, I'm not sure I understand your
10 question.
11 Q. Well, she called you back the next day,
12 without having gone out to the scene personally, and told
13 you that she had made a mistake; is that right?
14 A. Yes, sir.
15 Q. So she gave you a supplemental report;
16 is that right?
17 A. Yes, sir.
18 Q. Sort of like Officer Waddell gave you a
19 supplemental report; is that right?
20
21 MR. GREG DAVIS: I'm going to object to
22 that, it calls for conclusions on the part of this witness
23 concerning what Officer Waddell did.
24 THE COURT: Sustained.
25

Sandra M. Halsey, CSR, Official Court Reporter 278

1 BY MR. WAYNE HUFF:
2 Q. Well, let me just ask you this,
3 Detective Patterson, is it quite often that police
4 officers have to go back and correct mistakes in their
5 reports, and supplement their reports?
6
7 MR. GREG DAVIS: I'm going to object to
8 that, it's not relevant as to what officers do in other
9 cases concerning supplemental reports. Again, trying to
10 compare what this woman did to an officer's report, I
11 think is improper and it's irrelevant here.
12 MR. WAYNE HUFF: Well, your Honor, the
13 police are saying that it's okay for a trained
14 professional to supplement his report, but when a suspect
15 supplements a report, then there is something suspicious
16 about it.
17 MR. GREG DAVIS: Well, this isn't a
18 supplemental report. This is two inconsistent stories
19 given on two days, back to back, and I would hardly call
20 that a supplement to give a contradictory story to a
21 police officer. So, again, I think that the comparison
22 again, and calling this a supplemental report is improper
23 to begin with.
24 THE COURT: Overruled.
25 BY MR. WAYNE HUFF:

Sandra M. Halsey, CSR, Official Court Reporter 279

1 Q. But she basically did the same thing
2 Officer Waddell did, didn't she?
3 A. What is that?
4 Q. She changed her mind about what she
5 told you.
6
7 MR. GREG DAVIS: I'm going to object to
8 that. That is an improper characterization of what
9 Officer Waddell did. He didn't change his mind about what
10 he saw, and I'm going to object to that comparison.
11 THE COURT: Try again.
12
13 BY MR. WAYNE HUFF:
14 Q. Well, Officer, let's move on to
15 something else. Suffice it to say, before she called
16 Sergeant Evans back, you didn't confront her and say,
17 "Well, I can't see over that island into the other room."
18 Did you?
19 A. No, sir, I did not.
20 Q. All right. Now, she came in
21 voluntarily on June the 8th; is that right?
22 A. Yes, sir.
23 Q. She and her husband both; is that
24 right?
25 A. Yes, sir.

Sandra M. Halsey, CSR, Official Court Reporter 280

1 Q. She came in without legal counsel; is
2 that correct?
3
4 MR. GREG DAVIS: I'm going to object.
5 That has been asked and answered I think two or three
6 times now, as to when she came in on June the 8th, prior
7 to this date, so we're going back over old ground at this
8 point.
9 THE COURT: Sustained.
10
11 BY MR. WAYNE HUFF:
12 Q. Well, did she come in with or without
13 legal counsel?
14
15 MR. GREG DAVIS: I'm going to object
16 again. That has been asked and answered. He said that
17 they came in together by themselves alone.
18
19 BY MR. WAYNE HUFF:
20 Q. All right, let's move on to something
21 else, Officer.
22 Now, at the end of your report you
23 summarized your conclusions, Officer, one of them is:
24 "Darlie mentions she is a light sleeper. This is one
25 reason why she was staying downstairs and not upstairs."

Sandra M. Halsey, CSR, Official Court Reporter 281

1
2 MR. GREG DAVIS: I'm going to object to
3 him reading from a document that is not in evidence again.
4 And I'm going to object to offering the document, if he
5 does offer it because again, it's hearsay and it is
6 improper impeachment at this time.
7 THE COURT: Go ahead, sir.
8 MR. WAYNE HUFF: I'll do it this way,
9 Judge.
10
11 BY MR. WAYNE HUFF:
12 Q. Did Darlie tell you she was a light
13 sleeper?
14 A. Yes, sir.
15 Q. Did she tell you that was why she was
16 staying downstairs?
17 A. Yes, sir.
18 Q. And you thought that was strange,
19 because she didn't hear her children being killed; is that
20 correct?
21 A. Yes, sir.
22 Q. Had Mrs. Routier taken any medication
23 that evening before she went to sleep?
24 A. Not that I'm aware of.
25 Q. Did you ask?

Sandra M. Halsey, CSR, Official Court Reporter 282

1 A. Not that I recall.
2 Q. You never asked Mrs. Routier if she
3 ever took any medication that night before she went to
4 sleep?
5 A. I don't remember asking her.
6 Q. Was the TV on?
7 A. I was told the TV was on by one of the
8 officers.
9 Q. Okay. Was the sound on?
10 A. The sound was on when I went in there
11 that morning.
12 Q. Loud, soft, medium?
13 A. I don't -- I'm not sure.
14 Q. Did you ask Mrs. Routier if the sound
15 was on that night?
16 A. No, sir.
17 Q. That wasn't important to you?
18 A. No, sir.
19 Q. What other sounds might have been in
20 the room?
21 A. No, sir.
22 Q. You didn't figure that into your
23 equation?
24 A. No, sir.
25 Q. Now, the next one is, you found it

Sandra M. Halsey, CSR, Official Court Reporter 283

1 unusual that she said in one story that she was
2 struggling with the suspect on the couch, and then in
3 another story that she was not struggling with the
4 suspect, and saw him at the foot of the couch; is that
5 right?
6 A. Yes, sir.
7 Q. When did she tell you that she was
8 struggling with the suspect?
9 A. The first time I met with her.
10 Q. In the hospital?
11 A. Yes, sir.
12 Q. When she was under -- had just gotten
13 out of surgery; is that right?
14 A. Yes, sir.
15 Q. Is that the only time she told you
16 that?
17 A. I'm not sure.
18 Q. All right. You also found it strange
19 that there was not any evidence of blood on the couch
20 where she says her head was located when her throat was
21 cut?
22 A. Yes, sir.
23 Q. Was there any blood on that couch at
24 all?
25 A. Yes, sir.

Sandra M. Halsey, CSR, Official Court Reporter 284

1 Q. Where?
2 A. Towards the -- what I would call the
3 north end of the couch where her feet were.
4 Q. All right. Was her head on a pillow?
5 A. Yes, sir.
6 Q. Did you-all retrieve the pillow?
7 A. Yes, sir.
8 Q. Was there blood on the pillow?
9 A. I honestly can't say right now, I did
10 not look at my notes to see. I don't think that there
11 was, but I'm not sure.
12 Q. There is nothing in this report about a
13 pillow, is there?
14 A. I have not read that report in the
15 last -- well, over a month, I don't remember.
16 Q. Now you can't remember whether you
17 checked the pillow out or not?
18 A. I know that we had taken several
19 pillows, and I'm just not sure on that pillow.
20 Q. Describe the pillow that she had her
21 head on?
22 A. Well, most of the pillows were like
23 sofa pillows where they were just small and square, and
24 this was a bed-sized pillow, and it had a maroon pillow
25 case on it.

Sandra M. Halsey, CSR, Official Court Reporter 285

1 Q. Okay. Was that the only bed-sized
2 pillow downstairs?
3 A. Yes, sir.
4 Q. All right. Let's see. At one point
5 you say that she told you she saw the knife when the
6 suspect dropped the knife in the utility room?
7 A. Correct.
8 Q. When did she tell you that?
9 A. I'm not sure which conversation it was
10 when she told me that.
11 Q. Well, was it in a written statement?
12 A. In her written statement?
13 Q. Yes, sir.
14 A. I have not reviewed her written
15 statement, so I don't remember.
16 Q. She has consistently told you she found
17 the knife in the utility room; is that correct?
18 A. Yes, sir.
19 Q. So you know that she went into the
20 utility room; is that correct?
21 A. Well, I know she told me that.
22 Q. Well, there was blood in there too,
23 wasn't there?
24 A. Yes, sir.
25 Q. You say it is inconsistent with the

Sandra M. Halsey, CSR, Official Court Reporter 286

1 physical evidence when Darlie says the knife was on the
2 utility room floor; is that right?
3 A. Could you repeat that?
4 Q. You indicate that it is inconsistent,
5 and one of the things you took into account, it is
6 inconsistent that the knife was on the floor in the
7 utility room; is that correct?
8 A. Well, that it's inconsistent that the
9 knife was found on the utility floor?
10 Q. You said there was no evidence that it
11 was ever on the floor?
12 A. Right. Yes, sir, that is correct.
13 Q. Was there blood on the utility floor?
14 A. It looks like drops of blood.
15 Q. Who told you that it looked like drops
16 of blood?
17 A. Well, I saw, personally I saw drops of
18 blood, and Sergeant Nabors, and James Cron.
19 Q. All right. Did they say the knife was
20 never on the utility room floor?
21 A. Yes, sir.
22 Q. All right. How much blood did the
23 knife have on it, at the time that it was laid on the
24 utility floor?
25 A. Well, I don't believe that it was ever

Sandra M. Halsey, CSR, Official Court Reporter 287

1 laid on the utility floor.
2 Q. How much blood was on the knife when
3 you saw it on the counter?
4 A. It looked like quite a bit of blood.
5 Q. Well, how much had dripped on to the
6 counter?
7 A. Well, I can't tell you in measurements.
8 I mean, you can tell that that knife was laying on that
9 table top.
10 Q. Okay. You mean on the counter?
11 A. On the counter top, yes, sir.
12 Q. And it laid there for quite a while,
13 didn't it?
14 A. Yes, sir.
15 Q. All right. The evidence would seem to
16 suggest that it only laid on the utility room floor for
17 just minutes, if it was there at all; is that right?
18 A. Well, I don't believe it was ever
19 there.
20 Q. Okay. Well, if it was there, according
21 to her statement, it was there for a very brief period of
22 time; would that be correct?
23 A. Yes, sir.
24 Q. You indicated one of the things that
25 you took into consideration is that Mrs. Routier never

Sandra M. Halsey, CSR, Official Court Reporter 288

1 mentioned being on the west side of the island, between
2 the island and the sink; is that something you took into
3 account?
4 A. Yes, sir.
5 Q. Did you ever ask her if she was in that
6 location?
7 A. Well, I didn't ask her in a way that,
8 "Were you on that side?" But I did ask her -- can I look
9 at that?
10 Q. Sure.
11 A. Because when she got through drawing
12 this out, I asked her several times, "Did anyone ever go
13 on the west side, between the island and the sink? Did
14 anyone ever go that side, towards the utility room? Did
15 anyone ever come back this way, between the island and the
16 sink to get back into this room?" And she told me no.
17 Q. When did you ask her that?
18 A. When she got through doing this
19 drawing.
20 Q. All right. Did you ever ask her, "Did
21 you go near the sink?"
22 A. I didn't ask her if she went near the
23 sink, I asked her if she or anyone had ever -- either went
24 this way, or went -- or came back this way.
25 Q. Well, anyone, did you ask her if she

Sandra M. Halsey, CSR, Official Court Reporter 289

1 did?
2 A. Yes, I said, "Did you or anyone."
3 Q. All right. So you are saying now, that
4 you specifically asked her if she ever went over where the
5 sink was?
6 A. I didn't mention the sink.
7 Q. All right. You asked her if she ever
8 went into the utility room from that direction?
9 A. Yes, sir.
10 Q. And you say that she told you no?
11 A. Right.
12 Q. Did you ever ask her if she was
13 standing at the sink?
14 A. No, sir.
15 Q. You knew there was blood at the sink?
16 A. Yes, sir.
17 Q. But you never inquired of that?
18 A. No, sir.
19 Q. Were there some bloody towels seized?
20 A. Yes, sir.
21 Q. Did you ask her where those came from?
22 A. No, sir.
23 Q. Is there a drawer in the kitchen where
24 towels are kept?
25 A. Yes, sir.

Sandra M. Halsey, CSR, Official Court Reporter 290

1 Q. Where is it located?
2 A. This part right here, yes, this part
3 right here. I mean, it's kind of a lower part, and then
4 there is a higher part right there, and then there's some
5 drawers right in here. (Witness indicating on diagram.)
6 Q. Which drawer has the towels?
7 A. I believe there was a set of 3 drawers
8 there, and it was the middle one.
9 Q. Did that drawer have blood on it?
10 A. I'm not sure without looking at the
11 pictures.
12 Q. Where are the footprints that you
13 talked about leading from the kitchen to the den?
14 A. Right in here. (Witness indicating on
15 diagram.)
16 Q. All right.
17 A. This island was actually a little more
18 over here, but it is right in here.
19 Q. All right. So the footprints are in
20 front of that drawer?
21 A. Yes, sir.
22 Q. And you say there are no footprints
23 going back into the utility room?
24 A. No, sir.
25 Q. But there was blood back there, isn't

Sandra M. Halsey, CSR, Official Court Reporter 291

1 there?
2 A. There are drops of blood, yes, sir.
3 Q. So someone who was bleeding was back
4 there, right?
5 A. Yes, sir.
6 Q. You indicate in here that a security
7 light is activated when someone is in the back yard?
8 A. Yes, sir.
9 Q. Did y'all check that out?
10 A. Sergeant Nabors and -- yes, sir,
11 Sergeant Nabors did.
12 Q. And you say that security light turns
13 on for how long?
14 A. I don't remember.
15 Q. Why don't you take a look at your
16 report?
17 A. It indicates 18 minutes.
18 Q. All right. How was that security light
19 triggered? Is it a motion detector?
20 A. Yes, sir.
21 Q. Who first told you that the security
22 light was not on when the police officers arrived?
23 A. Sergeant Matt Walling.
24 Q. Okay. When did he arrive at the scene?
25 A. Four or five minutes after the call was

Sandra M. Halsey, CSR, Official Court Reporter 292

1 made.
2 Q. All right. Do you know the method they
3 used to test how the security light comes on?
4 A. No, sir.
5 Q. You indicate that the injuries to Mrs.
6 Routier are not consistent with the children's injuries;
7 is that correct?
8 A. Yes, sir.
9 Q. She was stabbed, wasn't she?
10 A. Yes, sir.
11 Q. She was cut, wasn't she?
12 A. Yes, sir.
13 Q. Do you believe that a person struggling
14 with an assailant might receive different injuries than
15 someone who is not?
16 A. I honestly can't say.
17 Q. Darlie's injuries were not life
18 threatening. They were not life threatening at all?
19 A. I don't believe so, no, sir.
20 Q. You mean if they were left untreated,
21 she would not have bled to death?
22 A. I'm not sure.
23 Q. There was blood found underneath the
24 broken glass in the kitchen where Darlie says the suspect
25 ran or walked through. There were not any cuts on the

Sandra M. Halsey, CSR, Official Court Reporter 293

1 bottom of her feet; is that what you are saying?
2 A. Yes, sir.
3 Q. Where were -- I want you to put little
4 "X's" in there where all the glass fragments were.
5 A. Well, I wouldn't be able to show where
6 all the glass fragments were.
7 Q. There were hundreds of them, weren't
8 there?
9 A. There was a bunch, yes, sir.
10 Q. Well, can you show us where the largest
11 glass fragments were?
12 A. Well, you know, if I was looking at a
13 picture, I could show you where there was a bigger piece.
14 Q. Okay. Let me show you what's been
15 marked as State's Exhibit No. 13, and I'll ask if you can
16 identify that?
17 A. Yes, sir.
18 Q. Is that part of the kitchen floor, next
19 to the wine rack?
20 A. Yes, sir.
21 Q. Does the largest part of the glass
22 fragments appear there?
23 A. Yes, sir.
24 Q. And would that be here?
25 A. Yes, sir.

Sandra M. Halsey, CSR, Official Court Reporter 294

1 Q. Are there any other glass fragments
2 there?
3 A. Yes, sir.
4 Q. Where?
5 A. All over the floor, all in this area.
6 Q. All in that particular area?
7 A. Yes, sir.
8 Q. Are there any of the glass fragments in
9 State's Exhibit 14?
10 A. I know that they are in this area right
11 in here, and I'm not sure how far it goes back here,
12 because this picture right here, is showing more where
13 this vacuum cleaner was.
14 Q. Okay. You can't see any there; is that
15 correct?
16 A. Well, no. No, sir, I can't.
17 Q. All right. Now, you know that at least
18 two police officers walked over this kitchen floor to go
19 back and check out the garage, don't you?
20 A. Yes, sir.
21 Q. You know the paramedics were in the
22 house; is that correct?
23 A. Yes, sir.
24 Q. Do you know if they were in the kitchen
25 or not?

Sandra M. Halsey, CSR, Official Court Reporter 295

1 A. No, sir.
2 Q. You didn't ask them?
3 A. I don't recall anyone -- any of the
4 paramedics going into the kitchen.
5 Q. Well, you weren't there, were you?
6 A. No, sir.
7 Q. And you didn't ask them, did you?
8 A. No, sir.
9 Q. And it wasn't in the report, was it?
10 A. No, sir.
11 Q. So you really don't know whether the
12 position of the glass changed from the time it was broken,
13 until the time the physical evidence people arrived, do
14 you?
15 A. No, sir.
16 Q. You are not saying that every time you
17 step on a piece of glass with bare feet you are going to
18 cut your foot, are you?
19 A. No, sir.
20 Q. Let's see. On June the 18th, when did
21 you decide to get an arrest warrant for Mrs. Routier?
22 A. I believe we got the arrest warrant on
23 June the 18th.
24 Q. When was the decision made to get the
25 arrest warrant?

Sandra M. Halsey, CSR, Official Court Reporter 296

1 A. June the 18th.
2 Q. All right. In the morning?
3 A. Yes, sir.
4 Q. All right. Was this as a result of a
5 meeting or a conference with you and other detectives?
6 A. Yes, sir.
7 Q. Who was involved in that conference?
8 A. Sergeant Evans and Detective Frosch.
9 Q. So y'all went down and got an arrest
10 warrant from Judge Warder; is that correct?
11 A. Yes, sir.
12 Q. And you called up Mrs. Routier and her
13 husband, and asked them to come in and be interviewed yet
14 again; is that correct?
15 A. Yes, sir.
16 Q. And they came in once again; is that
17 correct?
18 A. Yes, sir.
19 Q. When was Mrs. Routier advised that she
20 was -- that you had a warrant for her arrest?
21 A. Approximately 9:00 o'clock that June
22 18th.
23 Q. What time did she come in?
24 A. I don't remember the time, I want to
25 say it was around 7:00 o'clock.

Sandra M. Halsey, CSR, Official Court Reporter 297

1 Q. Let me ask you if that refreshes your
2 memory? (Showing witness document.)
3 A. Yes, sir.
4 Q. Okay. What time was it?
5 A. 6:50 P.M.
6 Q. All right. Who read her her rights?
7 A. I did.
8 Q. Who interviewed her?
9 A. Bill Parker.
10 Q. Is he a Rowlett police officer?
11 A. No, sir.
12 Q. Why was he called in to interview her?
13 A. He is a retired Dallas police officer.
14 Q. Why specifically was he called in to
15 interview her?
16 A. He had worked homicide cases for about
17 11 years.
18 Q. All right. Did you feel like you
19 needed someone else at this point to interview Mrs.
20 Routier?
21 A. Yes, sir.
22 Q. So she allowed herself to be
23 interviewed by yet another person, until she was advised
24 that she was under arrest? Is that correct?
25 A. Yes, sir, that's correct.

Sandra M. Halsey, CSR, Official Court Reporter 298

1 Q. And then, and only then, did she ask
2 for a lawyer; is that correct?
3 A. Yes, sir.
4 Q. Officer, are you sure that it's Mr.
5 Parker that interviewed her and not you?
6 A. No, Mr. Parker interviewed her.
7 Q. Were you there?
8 A. During his interview?
9 Q. Yes, sir.
10 A. No, sir. Well, I was there, but I
11 mean, I was not in the interview room.
12 Q. Where were you?
13 A. Outside the interview room.
14 Q. Were you listening?
15 A. No, sir.
16 Q. Well, why did you put in your report
17 that: "I read Darlie her Miranda rights before conducting
18 an interview with her"?
19 A. Well, it says that I read Darlie her
20 Miranda rights before conducting an interview with her,
21 yes, sir.
22 Q. What part of that report says that Mr.
23 Parker conducted an interview with her?
24 A. It doesn't.
25 Q. But that is what happened, isn't it?

Sandra M. Halsey, CSR, Official Court Reporter 299

1 A. Yes, sir.
2 Q. You indicate, Officer, that you all had
3 a Garland K-9 come out there to smell around outside of
4 the house; is that right?
5 A. Yes, sir.
6 Q. You indicate -- was there something
7 unusual about what that resulted in?
8 A. Yes, sir.
9 Q. What was that?
10 A. According to the officer that handles
11 the K-9, there wasn't any disturbance around that area of
12 the window.
13 Q. Well, what do you mean there was no
14 disturbance?
15 A. Well, that it didn't appear that
16 anybody had been out there. That there had been anybody
17 moving around in the grass.
18 Q. Was that the dog's opinion or the
19 officer's opinion?
20 A. The officer's.
21 Q. Was that based on the dog not picking
22 up a scent?
23 A. Yes, sir.
24 Q. All right. Well, does that mean that
25 there was no one out in that back yard in the last 24

Sandra M. Halsey, CSR, Official Court Reporter 300

1 hours, or 6 hours, or --
2 A. No, sir, because there was two officers
3 that had searched back there.
4 Q. All right. I guess the dog didn't pick
5 up their scent either; is that what you are saying?
6 A. Well, the dog didn't pick up on any
7 disturbance where it led from that back yard.
8 Q. All right. Well, the dogs pick up on
9 smell, not disturbances, don't they?
10 A. Well, I'm not sure how that K-9 works.
11 Q. Okay. Well, there was a sign of a
12 small disturbance, I mean, the screen was cut, wasn't it,
13 by someone?
14 A. Yes, sir.
15 Q. So we know someone was out there; is
16 that right?
17 A. Yes, sir.
18 Q. What kind of sign of a disturbance were
19 you looking for out there?
20 A. Footprints.
21 Q. And you didn't find any of those?
22 A. No, sir.
23 Q. Was the ground wet? Was it muddy?
24 A. No, sir.
25 Q. Is it possible to get to that window

Sandra M. Halsey, CSR, Official Court Reporter 301

1 where the screen was cut without stepping on grass or bare
2 ground?
3 A. Yes, sir.
4 Q. How would you do that?
5 A. Well, you can stay on the concrete.
6 Q. Well, in fact, the concrete extends
7 right up to that window, doesn't it?
8 A. Yes, sir.
9 Q. All right. Now, as a result of all
10 this, you went down and got an arrest warrant for Mrs.
11 Routier and that was executed that same night; is that
12 correct?
13 A. Yes, sir.
14 Q. Okay. You saw the window with the cut
15 screen before it was removed?
16 A. Yes, sir.
17 Q. In your opinion, could someone have
18 gone in and out of that window, was it possible for a
19 human being to get in through that window through the
20 screen?
21 A. Yes, sir.
22 Q. Was it possible for them to do that
23 without disturbing the windowsill, or any of the dust, or
24 anything that was on it?
25 A. Well, anything is possible, but I don't

Sandra M. Halsey, CSR, Official Court Reporter 302

1 think they could have.
2 Q. Well, was there mulch under the window
3 bed, or under the windowsill?
4 A. I would have to look at the picture.
5 Q. Okay.
6
7 (Attorney showing.
8 picture to the witness.)
9
10 A. No, sir.
11 Q. Mulch on the flowerbeds? Was there
12 mulch on the flowerbeds?
13 A. Yes, sir.
14 Q. Was it necessary to go over that mulch
15 to get to that window?
16 A. No, sir.
17 Q. So the fact that the mulch wasn't
18 disturbed would be really of no significance at all, would
19 it?
20 A. No, sir.
21 Q. Well, if that is true, why did you talk
22 about it in your affidavit for arrest warrant, Officer?
23 A. Well, we indicated that it didn't look
24 like anybody had walked through it.
25 Q. Is it true, Officer, that there was

Sandra M. Halsey, CSR, Official Court Reporter 303

1 blood extending all the way from in the kitchen to back
2 where the utility room was?
3 A. Yes, sir.
4 Q. There was blood in front of the wine
5 rack; is that right?
6 A. Yes, sir.
7 Q. There was blood all along here; is that
8 correct?
9 A. Yes, sir.
10 Q. Was there blood on the other side of
11 the island?
12 A. Yes, sir.
13 Q. So it's your conclusion that anyone
14 walking through that area would have left a footprint?
15 A. Well, no more blood than what was on
16 that side of the island, on the west side of the island,
17 there might not have been any footprints, no.
18 Q. What are you referring to as the west
19 side of the island?
20 A. Well, this is the west side of the
21 island here. (Indicating on diagram.) And there is just
22 some drops of blood going this way.
23 Q. Well, were those blood drops disturbed
24 in any way?
25 A. No, sir.

Sandra M. Halsey, CSR, Official Court Reporter 304

1 Q. Would it be your opinion that someone
2 that would walk back there, would disturb the blood?
3 A. Yes, sir.
4 Q. You were aware --
5 A. Well, I mean, they wouldn't have --
6 well, no, sir.
7 Q. You are aware that two police officers
8 walked back there?
9 A. Yes, sir.
10 Q. Did they appear to have disturbed the
11 blood?
12 A. No, sir.
13 Q. Did they leave any footprints?
14 A. No, sir.
15 Q. You know that both of them were in the
16 living room where there was copious blood on the carpet.
17 A. Yes, sir.
18 Q. Did they leave any footprints anywhere
19 in the house?
20 A. Well, you could see some footprint
21 markings in the carpet.
22 Q. They didn't leave any in the kitchen,
23 did they?
24 A. No, sir.
25 Q. All right.

Sandra M. Halsey, CSR, Official Court Reporter 305

1
2 MR. WAYNE HUFF: Your Honor could we
3 approach the bench for a moment?
4 THE COURT: Sure.
5
6 (Whereupon, a short
7 Discussion was held
8 Off the record, after
9 Which time the
10 Proceedings were resumed
11 As follows:)
12
13 THE COURT: All right. We're going to
14 recess. We will start back at 10:30, probably about 10:32
15 or 10:33 when we will actually get started.
16 You may step down.
17
18 (Whereupon, a short
19 Recess was taken,
20 After which time,
21 The proceedings were
22 Resumed on the record,
23 In the presence and
24 Hearing of the defendant
25 as follows:)

Sandra M. Halsey, CSR, Official Court Reporter 306

1
2 THE COURT: All right, Mr. Huff, have
3 you had enough time to look at those documents?
4 MR. WAYNE HUFF: I think so, your
5 Honor.
6 THE COURT: All right. Let's resume.
7 MR. WAYNE HUFF: Would you mark these
8 please.
9
10 (Whereupon, the above
11 mentioned item was
12 marked for
13 identification only as
14 Defendant's Exhibits 4
15 through 8, after which
16 time the proceedings were
17 resumed on the record
18 in open court, as
19 follows:)
20
21 THE COURT: All right. You can go
22 ahead, Mr. Huff.
23
24 BY MR. WAYNE HUFF:
25 Q. Officer, we have been referring to the

Sandra M. Halsey, CSR, Official Court Reporter 307

1 east side of the island and the west side of the island.
2 Would you just put an "E" and a "W," just so we will know
3 what we're talking about here.
4 A. Okay. (Witness complies.)
5 Q. So, the west side is at the top and the
6 east side is at the bottom of this sheet of paper; is that
7 correct?
8 A. Yes, sir.
9 Q. Officer, I asked to you bring some
10 handwritten notes down to court today. Let me show you
11 Defendant's Exhibit No. 6 and ask if you can identify
12 that?
13 A. Yes, sir.
14 Q. All right. Are those the handwritten
15 notes that you brought?
16 A. Yes, sir.
17 Q. Are those the only handwritten notes
18 that you have in this case?
19 A. Well --
20 Q. Or that you wrote in this case?
21 A. Yes, sir.
22 Q. Okay.
23 A. And then those two.
24 Q. And the telephone memorandum, I have
25 marked as separate exhibits, Defendant's Exhibits 7 and 8.

Sandra M. Halsey, CSR, Official Court Reporter 308

1 Are these the only telephone memorandum you made as a
2 result of this case?
3 A. Yes, sir.
4 Q. Defendant's Exhibit No. 5, what is
5 Defendant's Exhibit No. 5?
6 A. It's a supplement that I started.
7 Q. Okay. That you didn't complete?
8 A. Right.
9 Q. Okay. It's page -- it's marked page 1
10 of -- and then that's blank, and then page 2 of blank, and
11 then the third page doesn't appear to be marked?
12 A. Right.
13 Q. There are no other pages to this
14 document?
15 A. No, sir.
16 Q. It's just that you didn't finish it?
17 A. Right.
18 Q. And Defendant's Exhibit 4 is your
19 prosecution report; is that correct?
20 A. Yes, sir.
21 Q. Okay. And it's 5 pages long; is that
22 right?
23 A. Yes, sir.
24 Q. All right.
25

Sandra M. Halsey, CSR, Official Court Reporter 309

1 MR. WAYNE HUFF: Your Honor, for record
2 purpose only, we are going to offer Defendant's Exhibits
3 6, 7, 8, 5 and 4.
4 MR. GREG DAVIS: No objection.
5 THE COURT: Received.
6
7 (Whereupon, the items
8 Heretofore mentioned
9 Were received in evidence as
10 Defendant's Exhibits No. 4 through 8
11 For record purposes only,
12 After which time, the
13 Proceedings were resumed
14 As follows:
15
16
17 BY MR. WAYNE HUFF:
18 Q. Did you have occasion -- and I need to
19 take you back now, Officer, to the hospital -- did you
20 have an occasion to talk to a nurse there by the name of
21 Theresa Marie Powers?
22 A. Yes, sir.
23 Q. Did you personally interview her?
24 A. No, sir, not at that time.
25 Q. Did you interview her later?

Sandra M. Halsey, CSR, Official Court Reporter 310

1 A. Yes, sir.
2 Q. Did she give you an affidavit?
3 A. Yes, sir.
4 Q. What did she tell you?
5
6 MR. GREG DAVIS: I'm going to object to
7 that as being hearsay.
8 MR. WAYNE HUFF: Well, your Honor, this
9 is the investigating officer. Hearsay is admissible at
10 this hearing.
11 MR. GREG DAVIS: No, it's not. What
12 rule says that hearsay is admissible in this hearing?
13 THE COURT: Will you --
14 MR. GREG DAVIS: I don't know of any
15 rule that says --
16 THE COURT: Excuse me, quiet please.
17 I'm sorry. Go ahead.
18 MR. GREG DAVIS: I'm sorry. I'm
19 unaware of any rule of evidence that says that this
20 hearing allows hearsay. Unless Counsel can cite that rule
21 for me, I don't know of it.
22 MR. WAYNE HUFF: Well, your Honor, the
23 Courts -- case law specifically says that the Court is
24 entitled to rely upon, for its ruling, not only evidence
25 that comes in, that might come in at trial, even evidence

Sandra M. Halsey, CSR, Official Court Reporter 311

1 that may not be admissible at trial. And this particular
2 Officer I would remind the Court, is an investigating
3 officer, and I believe that I am entitled to cross examine
4 him about his opinions.
5 MR. GREG DAVIS: Well, if there is case
6 law to that effect, and I have not seen that case law, but
7 it would sound to me as though it's within the sound
8 discretion of this Court as to whether we're going to
9 venture off into tangents of hearsay, which will take us
10 well into tomorrow, or whether we're going to confine this
11 to the established rules of evidence here.
12 MR. WAYNE HUFF: Well, Judge, if she
13 didn't have anything important to say, he can just tell us
14 that, and we will move on.
15 MR. GREG DAVIS: Well, no, we couldn't
16 do that, because we know what is going to happen here with
17 this line of questioning, history has told us that won't
18 happen.
19 THE COURT: Well, if you have the
20 authority I will be glad to look at it, otherwise, I'm
21 going to --
22 MR. WAYNE HUFF: Oh, I'll just move on,
23 your Honor.
24 THE COURT: Thank you.
25

Sandra M. Halsey, CSR, Official Court Reporter 312

1 BY MR. WAYNE HUFF:
2 Q. You did take an affidavit from her
3 later; is that right?
4 A. Yes, sir.
5 Q. Okay. At the hospital that night, did
6 you question someone about some insurance policies?
7 A. No, not that I remember at the
8 hospital.
9 Q. Okay. When is the first time you
10 questioned someone about that?
11 A. That is going to be sometime after we
12 found the insurance policies at the house.
13 Q. Where did you find those, please?
14 A. In the living area.
15 Q. Where in the living area?
16 A. Next to the couch that Darlie Routier
17 was laying on.
18 Q. All right. Which couch was that?
19 A. It was right here, there was a stack of
20 papers, insurance policies.
21 Q. Were there any other papers there other
22 than the insurance policies?
23 A. Yes, sir.
24 Q. What?
25 A. Some cat records, social security

Sandra M. Halsey, CSR, Official Court Reporter 313

1 records, birth certificates, marriage license.
2 Q. A lot of personal papers just scattered
3 out there?
4 A. Yes, sir.
5 Q. Okay. Now, did you find any insurance
6 policies on either of the two children?
7 A. I'm not sure -- no, I don't remember
8 finding any policies, no.
9 Q. Well, let me just make it clear what
10 I'm talking about. You had indicated, at some point, that
11 on Darin there was seven hundred thousand dollars in life
12 insurance policies?
13 A. Yes, sir.
14 Q. What was the source of that
15 information?
16 A. Darlie told me about the insurance on
17 him.
18 Q. When did she tell you that?
19 A. During one of the interviews.
20 Q. Okay. Did it turn out that there was
21 that much insurance on him?
22 A. No, but we found some policies, but I'm
23 not sure of the amount.
24 Q. Okay. How about policies on Mrs.
25 Routier? Were there any insurance policies on her?

Sandra M. Halsey, CSR, Official Court Reporter 314

1 A. Yes, sir.
2 Q. Okay. Did you personally review them?
3 A. No, sir.
4 Q. How much were they for?
5 A. I believe she told me -- I believe she
6 told me she had -- there was two different insurance
7 policies on Darin and two different policies on Darlie,
8 and the children had two different policies each, except
9 for Drake, he didn't have any.
10 Q. How much insurance was on the children?
11 A. Five thousand dollars each.
12 Q. Okay. And on Darlie, you still don't
13 know for sure?
14 A. Well, I want to say there was one like
15 for a hundred and fifty thousand dollars, and one for a
16 hundred thousand.
17 Q. Okay. I'm going to turn -- direct your
18 attention to page 3 of Defendant's Exhibit 6. What date
19 do you recall making those entries in your personal notes?
20 A. I didn't put a date on this sheet.
21 Q. Can you tell from the context of it,
22 when they were probably made, or not?
23 A. Well, sometime during one of the
24 interviews.
25 Q. All right. But you cannot tell which

Sandra M. Halsey, CSR, Official Court Reporter 315

1 interview?
2 A. I'm not sure, without going back and
3 looking it over real good.
4 Q. Okay. The first two pages appear to be
5 made on June the 6th; is that right?
6 A. Yes, sir.
7 Q. Okay. And then the next page is not
8 dated?
9 A. No, sir.
10 Q. So you don't know when that was made?
11 A. Not without going back and reviewing
12 it.
13 Q. Okay. Page 4 is not dated, page 5 is
14 not dated, page 6 is not dated, page 7 is not dated, page
15 8 is not dated, page 9 is not dated, page 10 is not dated,
16 page 11 is not dated, and page 12 is not dated?
17 A. Page 11 is.
18 Q. Oh, it was dated. I missed that. All
19 right. What date was that?
20 A. June 6th.
21 Q. All right. Now, are these pages in the
22 order that you made them?
23 A. No, sir.
24 Q. Okay. The list of people that you have
25 on the last page of this exhibit, when was that list

Sandra M. Halsey, CSR, Official Court Reporter 316

1 compiled?
2 A. I don't have the date. I don't
3 remember.
4 Q. All right. The numbers out beside each
5 one, what do those refer to?
6 A. Well, these are prescription bottles,
7 and I just took all the doctors' names and the dates off
8 of the prescription bottles.
9 Q. Okay. Did you ever interview any of
10 those doctors?
11 A. No, sir.
12 Q. Okay. You indicated to the Court
13 yesterday, that you, I believe found Mrs. Routier's
14 demeanor at the hospital unusual in hindsight, what about
15 Mr. Routier's demeanor?
16 A. Well, the first time I met him was at
17 the hospital, in this room, and at first I didn't think
18 that his demeanor was appropriate.