Volume 28

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS }
7 VS: } NO. F-96-39973-J
8 DARLIE LYNN ROUTIER } & A96-253 (Kerr Co.)
9
10
11
12
13
14 STATEMENT OF FACTS
15 JURY TRIAL
16 TRIED IN KERR COUNTY, TEXAS
17 VOL. 28 OF 53 VOLS.
18 Trial beginning January 6, 1997
19 Monday
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 6th day of
5 January, 1997, in the Kerr County Courthouse, this case
6 being transferred from Criminal District Court Number 3 of
7 Dallas County, Texas, the above-styled cause came on for a
8 trial before the Hon. MARK TOLLE, Judge Presiding, for the
9 Criminal District Court No. 3, of Dallas County, Texas,
10 with a jury, and the proceedings were held, in open court,
11 as 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. TOBY L. SHOOK
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 ADDITIONAL APPEARANCES:
2 HON. DOUGLAS D. MULDER
3 Attorney at Law
4 2650 Maxus Energy Tower
5 717 N. Harwood
6 Dallas County, Texas 75201
7 AND:
8 HON. CURTIS GLOVER
9 Attorney at Law
10 2650 Maxus Energy Tower
11 717 N. Harwood
12 Dallas County, Texas 75201
13 AND:
14 HON. RICHARD MOSTY
15 Attorney at Law
16 Wallace, Mosty, Mchann, Jackson & Williams
17 820 Main Street, Suite 200
18 Kerrville, Texas 78028
19 AND:
20 HON. S. PRESTON DOUGLASS, JR.
21 Attorney at Law
22 Wallace, Mosty, Machann, Jackson & Williams
23 820 Main Street, Suite 200
24 Kerrville, Texas 78028
25
Sandra M. Halsey, CSR, Official Court Reporter
4

1 AND:
2 HON. JOHN HAGLER
3 Attorney at Law
4 901 Main Stree, Suite 3601
5 Dallas, Texas 75202
6 AND:
7 MR. LLOYD HARRELL
8 Private Investigator
9 Dallas, Texas
10 APPEARING FOR THE DEFENDANT
11 AND:
12 HON. ALBERT D. PATILLO, III
13 Attorney at Law
14 820 Main Street, Suite 211
15 Kerrville, TX, 78028
16 APPEARING FOR WITNESS:
17 Detective Jimmy Patterson
18 AND:
19 HON. STEVEN J. PICKELL
20 Attorney at Law
21 620 Earl Garrett Street
22 Kerrville, TX 78028
23 APPEARING FOR WITNESS:
24 Officer Chris Frosch
25
Sandra M. Halsey, CSR, Official Court Reporter
5

1 P R O C E E D I N G S
2
3 January 6, 1997
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 outside the presence of the
16 jury, as follows:)
17
18
19 THE COURT: All right. Let's go on the
20 record.
21 All right. This is Cause A96-253, the
22 Kerr County Number, formerly F-96-39973-MJ, the Dallas
23 County number. Styled the State of Texas versus Darlie
24 Lynn Routier, who is present in court with her attorneys.
25 Let the record reflect that these
Sandra M. Halsey, CSR, Official Court Reporter
6

1 proceedings are being held outside the presence of the
2 jury, and all parties to the trial are present.
3 We will now arraign the defendant.
4 Mr. Davis, do you wish to do that?
5 MR. GREG DAVIS: Yes, sir.
6 MR. DOUGLAS MULDER: Judge, would you
7 like to have her stand, in as much as this is not before
8 the jury?
9 THE COURT: Yes, whatever --
10 MR. DOUGLAS MULDER: What is your
11 pleasure?
12 THE COURT: -- whatever she wishes to
13 do. If you care to stand up, that will be fine. You may
14 be seated if you wish. That's fine.
15 MR. GREG DAVIS: "True bill of
16 Indictment. In the name and by the authority of the State
17 of Texas, the Grand Jury of Dallas County, State of Texas,
18 duly organized at the January Term A. D. 1996 of the 194th
19 Judicial District Court of Dallas County, in said court,
20 at said Term, do present that one Darlie Lynn Routier...."
21 Is that your true name?
22 THE DEFENDANT: Yes, it is.
23 MR. GREG DAVIS: "... the Defendant, on
24 or about the 6th day of June, A. D., 1996, in the County
25 of Dallas, and said State did unlawfully, then and there,
Sandra M. Halsey, CSR, Official Court Reporter
7

1 intentionally and knowingly cause the death of Damon
2 Christian Routier, an individual, hereinafter called the
3 deceased, by stabbing said Damon Christian Routier with a
4 knife, and the deceased was, at the time of the offense
5 under 6 years of age.
6 "Against the peace and dignity of the
7 State.
8 "Signed, John Vance, Criminal District
9 Attorney of Dallas County, Texas. Ray W. Paul, Senior,
10 Foreman of the Grand Jury."
11 THE COURT: Mr. Mulder, how does your
12 client plead?
13 THE DEFENDANT: Not guilty.
14 THE COURT: All right. Thank you,
15 ma'am.
16 All right. We have before the Court
17 two motions filed this morning: A motion for continuance
18 and a motion to examine the jurors.
19 The Court will take up the motion for
20 continuance first. Who is going to address that?
21 MR. RICHARD C. MOSTY: Your Honor, I
22 will address the motion for continuance.
23 THE COURT: All right.
24 MR. RICHARD MOSTY: And let me preface
25 this by saying we are asking for a one day continuance.
Sandra M. Halsey, CSR, Official Court Reporter
8

1 During the course of our investigation,
2 over the last few weeks, we have determined, for instance,
3 that as late as December 20th of 1996, that additional DNA
4 testing was requested by the State. We presume, since we
5 do not have those results, that the State does not have
6 them.
7 So, there is DNA testing that is
8 outstanding, on-going, that has not been provided to us,
9 and we move for a continuance on that basis. Or in the
10 alternative, to exclude that DNA testing, whatever the
11 results may be, precluding the State from introducing
12 those.
13 THE COURT: Well -- go ahead.
14 MR. RICHARD MOSTY: The second part of
15 the motion for continuance, is that we have -- that the
16 evidence has been at various places: The District
17 Attorney's office, the Rowlett P.D., SWIFS, Gene Screen,
18 various places. And Mr. Douglass and Mr. Harrell went up
19 last week to look at that, and they weren't able to look
20 at all of the evidence even. Some of it was being put
21 together to be moved down here.
22 So, presumably, all of the evidence is
23 here now. I think it came in on the 2nd. So, we need one
24 day, or part of a day, to examine all of the evidence that
25 the State has down here, which we have not had that
Sandra M. Halsey, CSR, Official Court Reporter
9

1 opportunity to do up to this time.
2 The third item is, that as of Friday
3 afternoon, Mr. Mulder received another report from the
4 State. I didn't receive it. It was not sent to me. And
5 Mr. Mulder was actually in transit at the time, or getting
6 ready to head to Kerrville and picked up a copy of it and
7 brought it down.
8 So, Mr. Mulder got it Friday evening as
9 he was travelling. I got it over the weekend. And this
10 is additional testing done by SWIFS that we just got
11 Friday. So we needed at least a bit of time to evaluate
12 that.
13 So, for all of those, other things,
14 such as the photographic contact sheets that were to be
15 available, I filed a motion before Christmas that Mr.
16 Davis immediately responded to that said this information
17 will be available. And then when we went up there, it in
18 fact wasn't. And, of course, we were all dealing around
19 the holidays, so I don't fault anyone for that, it just
20 couldn't -- it just hasn't been done. And we have not
21 seen all of the photographic contact sheets.
22 By contact sheets, what I mean is the
23 log of what photograph goes to what --
24 THE COURT: I am familiar with that.
25 MR. RICHARD C. MOSTY: -- location or
Sandra M. Halsey, CSR, Official Court Reporter
10

1 what time frame.
2 In connection with this, we have also
3 filed a motion to examine the witness, which also, in
4 terms of a one-day continuance, we think makes sense, in
5 that we think that the Court ought to briefly, and within
6 some agreed upon question areas, inquire of the jury just
7 to make sure that nothing has happened to them, either
8 through the media, or in their personal life that would
9 cause them to be anything other than fair and impartial.
10 So, we're not talking about a real
11 delay here, in that the Court, and some of the attorneys
12 could be examining the jurors, while other of the
13 attorneys were looking at the evidence. And, so, and
14 quite frankly, I think that in the long run, this will
15 speed up the trial process.
16 If we're having to, one by one, look at
17 documents, or boards, or whatever they might be. If we
18 have done that in advance, then we will be in a far better
19 position to understand what the State is offering, and to
20 either know that we have an objection or not. And then,
21 in the long run, the trial will really run smoother if we
22 have this day.
23 THE COURT: Okay. Well, have you given
24 the defense everything that they're entitled to, Mr.
25 Davis?
Sandra M. Halsey, CSR, Official Court Reporter
11

1 MR. GREG DAVIS: Yes, sir. I -- when I
2 contacted Mr. Mosty, when I received his motion on
3 December the 20th, I told him that I was a little bit
4 surprised because all of this stuff has been available
5 since they got hired on October the 21st.
6 Now, I have never received a single
7 phone call, I have never got a single letter, not a single
8 personal contact, from anybody here at the defense table
9 asking to see anything.
10 The first thing I get is the motion on
11 December the 20th, "can we see photographs," and, of
12 course, they have been available for over two months for
13 them.
14 All of the physical evidence has been
15 out at Rowlett for two months available to them. All of
16 the other evidence at SWIFS, and Gene Screen, has been
17 available. So, I'm not quite sure why they waited until
18 the late part of December to try to make an attempt to
19 view all of this stuff.
20 The court appointed attorneys that you
21 had on this case previously, prior to October the 21st,
22 had already had a chance to go out, in fact, twice to
23 Rowlett, and view everything, video tape everything.
24 I've got to assume that the video tape
25 they made of all of that physical evidence was handed over
Sandra M. Halsey, CSR, Official Court Reporter
12

1 to Mr. Mulder or Mr. Mosty. So I'm a bit bewildered, I
2 guess, about why all of this is occurring in late
3 December.
4 Now, the only DNA testing that's
5 outstanding concerns the T-shirt, it probably consists of
6 no more than 10 to 12 samples that were taken off the
7 T-shirt. That's the only DNA that we have outstanding.
8 I have asked Sherri Wallace to call
9 Gene Screens to talk to Judy Floyd or Robert Giles. I
10 would assume that this morning, that I will have those
11 results back from Gene Screen, and I will certainly convey
12 those to the defense at that time.
13 I would also notify the Court, that I
14 know that Mr. Mulder has been out to talk to Charles Linch
15 of SWIFS at least twice. He talked with him the first
16 time for three hours about the case. He talked with him
17 again -- I know the defense attorneys talked with Charles
18 Linch again for over three and a half hours on New Year's
19 Eve.
20 The defense has had DNA experts
21 available to them since October the 21st that have already
22 been hired by the court appointed attorneys.
23 In talking with them last week, they
24 indicated that they haven't done any testing on any of the
25 samples that they took back in August of 1996.
Sandra M. Halsey, CSR, Official Court Reporter
13

1 So that's where we stand on the case at
2 this point, your Honor.
3 THE COURT: All right. Thank you.
4 MR. RICHARD C. MOSTY: May I respond
5 briefly, your Honor?
6 THE COURT: You may indeed.
7 MR. RICHARD C. MOSTY: Well, it's not
8 the photographs we're asking for, it's the contact sheets,
9 whereby you can make sense of the photographs. And as we
10 sit here right now, and they were in -- Mr. Douglass and
11 Mr. Harrell were in the D.A.'s office the 27th, and those
12 were not available. They were not available to them. I
13 don't know where they were, but they were not available to
14 them, so we haven't see them.
15 MR. GREG DAVIS: They were -- I'm
16 sorry.
17 MR. RICHARD MOSTY: The second thing
18 is, that as Mr. Davis suggests, if we get the Gene Screen
19 information today, then we can look at it today, and we
20 would be in a position to be prepared. If it comes in
21 today, that will be great, and then we'll know.
22 The third item he addressed -- well, I
23 think I have covered the main two. The one is the contact
24 sheet -- Well, the third item is that even after we talked
25 to Linch, and this was on the 31st, even after we talked
Sandra M. Halsey, CSR, Official Court Reporter
14

1 to Mr. Linch, two days later, on January 2nd, we get a new
2 report, dated January 2nd, from Mr. Linch's organization.
3 So, that's the kind of thing that's
4 happening. We go to talk to somebody, and then after that
5 happens, then we get a new test.
6 MR. GREG DAVIS: Well, the contact
7 sheets, again, I indicated to Mr. Mosty that he could
8 check with SWIFS, or he could check with the Rowlett
9 Police Department. They would be in possession of those
10 items. I wouldn't.
11 So, as to reasons why they didn't see
12 those at those departments, I don't know.
13 THE COURT: All right. Thank you.
14 The Court denies the motion for
15 continuance, and denies the motion to examine the jurors.
16 All right.
17 MR. DOUGLAS MULDER: Judge, just one
18 thing. Will you instruct them to give us the contact
19 sheets of those photographs?
20 THE COURT: Whatever you're entitled
21 to, you will get.
22 MR. DOUGLAS MULDER: Well, I understand
23 that, Judge, but that doesn't do me any good. We want the
24 contact sheets.
25 THE COURT: Well, you are instructed to
Sandra M. Halsey, CSR, Official Court Reporter
15

1 give -- do you have the contact sheets? If you have the
2 contact sheets, let Mr. Mulder, or one of the defense
3 attorneys have them.
4 MR. GREG DAVIS: Yes, sir.
5 MR. DOUGLAS MULDER: When can we have
6 them?
7 THE COURT: Well, I imagine as soon
8 they can get them for you. It is 9:07 now, I imagine
9 sometime this morning you will get them.
10 MR. DOUGLAS MULDER: By noon?
11 THE COURT: Well, I don't know, but I
12 think we can handle that.
13 Do you have the contact sheets?
14 MR. GREG DAVIS: I don't know. I will
15 have to check. I don't know if they are down here or not.
16 I know that Rowlett brought extra copies of all of their
17 photographs down here.
18 THE COURT: Well, we can work that out.
19 MR. DOUGLAS MULDER: We have got the
20 photographs. We aren't concerned with the photographs.
21 We're concerned with the contact sheets, and there's a big
22 difference.
23 That's what we've been trying -- we
24 understand what the photographs are. We have had the
25 photographs forever. We want the contact sheets.
Sandra M. Halsey, CSR, Official Court Reporter
16

1 THE COURT: Well, as soon as you get
2 the contact sheets, give them to the defense.
3 MR. GREG DAVIS: Yes, sir, I will do
4 that.
5 MR. DOUGLAS MULDER: Well, can't we
6 have a deadline on that, Judge, as to when we can get
7 them?
8 THE COURT: Well, why don't we find out
9 when they can get them first, and then I will rule on that
10 part of it again.
11 MR. GREG DAVIS: All right. I will
12 have Miss Wallace go back right now and talk with them.
13 Also, Miss Wallace has now talked with
14 Gene Screen. All of the samples that were taken from the
15 T-shirt, Dr. Giles has indicated to her, are that of the
16 defendant. And those are the samples that are taken from
17 the large, bloody area here on the front of the T-shirt.
18 And there were some additional, I believe three samples
19 off the right shoulder. Those were all the defendant's.
20 THE COURT: All right, thank you.
21 Is the jury here? All of them are
22 here?
23 DEPUTY SHERIFF JAN BIGGERSTAFF: We
24 lack one.
25 THE COURT: Well, let's check and see
Sandra M. Halsey, CSR, Official Court Reporter
17

1 if that one has come in yet.
2 DEPUTY SHERIFF JAN BIGGERSTAFF: All
3 right.
4 MR. JOHN HAGLER: Excuse me, your
5 Honor, while we're waiting for the jury, could I make a
6 statement to the court?
7 THE COURT: Oh, sure.
8 MR. JOHN HAGLER: Judge, I anticipate
9 they will be making an opening statement at this point in
10 time. I understand that the statement itself isn't
11 evidence, but the problem we have, of course, is we don't
12 know what they're going to say. And we're going to notify
13 the Court now, that we're going to object to some of their
14 expert testimony.
15 And, specifically the validity of some
16 of their expert testimony, the tests, the foundation for
17 the validity of the qualifications and what have you.
18 We would object to them going into the
19 specific nature of their expert testimony because of the
20 prejudicial effect before this Court has had an
21 opportunity to review that testimony and rule on it.
22 And secondly, as far as in terms of the
23 Motion in Limine, we will object at this time. We have
24 already made some reference to it in the pre-trial
25 motions, but in this case, there are some matters
Sandra M. Halsey, CSR, Official Court Reporter
18

1 regarding sexually orientated materials and what have you,
2 and we're going to object to those.
3 I won't go into specific details at
4 this time, but specifically materials, and specific
5 matters regarding the defendant's background, and what
6 have you. We're going to object to any reference to
7 those. During the trial, we will want a hearing on it
8 before the State is going to offer any of this testimony.
9 But the reason I mention it at this
10 point in time, your Honor, is the fact that once this
11 comes out in front of the jury, it is just going to be
12 very difficult for the Court to instruct the jury to
13 disregard.
14 So, I would ask that the Court instruct
15 the State one, not to go into any type of sexually
16 orientated materials, or background matters regarding --
17 or collateral matters regarding the defendant.
18 And secondly, I know they can make an
19 opening statement, and give an overview as to their
20 testimony, but we're going to object to any specific
21 references or statements during their opening statement
22 regarding the nature of the expert testimony and its
23 contents.
24 THE COURT: Well, the Court will
25 instruct both sides, when they make their opening
Sandra M. Halsey, CSR, Official Court Reporter
19

1 statements, if both sides intend to make opening
2 statements, to make the opening statements without any
3 testimony being given. Thank you.
4 We're still waiting for a juror, so
5 everybody relax.
6
7 (Whereupon, a short recess
8 was taken, after which time
9 the proceedings were resumed
10 on the record, outside the
11 presence of the jury as follows:)
12
13 MR. GREG DAVIS: Judge, if we could
14 make a statement on the record.
15 THE COURT: Sure.
16 MR. GREG DAVIS: I spoke with the
17 Rowlett Police Department and determined that they have no
18 contact sheets. They don't use contact sheets.
19 We have also talked to SWIFS, the same
20 thing. They don't use contact sheets. They simply go
21 from the slides directly to photographs, and so we have
22 none.
23 THE COURT: All right. There are no
24 contact sheets available.
25 MR. DOUGLAS MULDER: Well, that clears
Sandra M. Halsey, CSR, Official Court Reporter
20

1 it up. But, of course, it could have been cleared up a
2 long time ago. Apparently they didn't know what contact
3 sheets were.
4 MR. GREG DAVIS: Well, this could have
5 been cleared up a long time ago if he had asked us.
6 MR. DOUGLAS MULDER: But we did ask for
7 them. They said they had them. In fact, he said ten
8 minutes ago they had them.
9 THE COURT: All right. Gentlemen,
10 let's cease the bickering. There are no contact sheets,
11 so there will be none given. Thank you.
12 MR. DOUGLAS MULDER: Judge, could we
13 find out if they have a photographic log in lieu of the
14 contact sheets?
15 THE COURT: Do you have a photographic
16 log in lieu of the contact sheets?
17 MR. GREG DAVIS: We'll find that out.
18 THE COURT: We will find that out.
19 MR. DOUGLAS MULDER: What we would
20 like -- and let me just tell you where I'm going on this:
21 You know, when you look at the photographs, you will see
22 the various items of evidence have moved in the
23 photographs. And you can't tell, without the contact
24 sheets, or without a photographic log, as to when the
25 photographs were made. But the evidence moves.
Sandra M. Halsey, CSR, Official Court Reporter
21

1 MR. GREG DAVIS: Well, that's not true,
2 because the photographs have the date stamp on them.
3 MR. DOUGLAS MULDER: Well, some do and
4 some don't.
5 MR. GREG DAVIS: When they show June
6 6th, and when they show June 8th.
7 MR. RICHARD C. MOSTY: So we can be
8 clear, what we're looking for is any piece of paper,
9 handwritten, called a log, a contact sheet, any scrap of
10 tangible, personal property that can somehow identify what
11 photographs are taken when.
12 MR. GREG DAVIS: Okay. We're going
13 back right now to find that out. I have never seen one,
14 but we are going to double check again.
15 THE COURT: All right. I think that
16 both sides have had adequate time to prepare for this
17 case. And whatever the State has that the defense is
18 entitled to, the State is ordered to give it to them.
19 We will now await the arrival of the
20 final juror.
21
22 (Whereupon, a short
23 recess was taken,
24 after which time, the
25 proceedings were
Sandra M. Halsey, CSR, Official Court Reporter
22

1 resumed on the record
2 in open court, in the
3 presence and hearing of
4 the defendant, and her
5 attorneys as follows:)
6
7 THE COURT: All right. Let's go back
8 on the record.
9 All right. Let the record reflect that
10 all parties in the trial are present, and these
11 proceedings are being held outside of the presence of the
12 jury.
13 The absent juror was the Number 3
14 alternate, let the record reflect. And apparently was
15 present in the courtroom and did not understand that she
16 was to go to the jury room.
17 Both sides have conferred with the
18 Court, and been given the opportunity to dismiss this
19 juror, the Number 3 alternate, but both sides have agreed
20 to keep her on at this time; is that correct?
21 MR. GREG DAVIS: Yes, your Honor.
22 THE COURT: Mr. Mulder?
23 MR. DOUGLAS MULDER: That is correct,
24 Judge.
25 MR. GREG DAVIS: Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
23

1 THE COURT: All right. Are both sides
2 ready to start?
3 MR. GREG DAVIS: Yes, sir, the State is
4 ready.
5 THE COURT: All right. Call the jury
6 in, please.
7
8 (Whereupon, the jury
9 Was returned to the
10 Courtroom, and the
11 Proceedings were
12 Resumed on the record,
13 In open court, in the
14 Presence and hearing
15 Of the defendant,
16 As follows:)
17
18 THE COURT: All right. Let the record
19 reflect that all parties in the trial are present and the
20 jury is seated.
21 Ladies and gentlemen of the jury, if
22 you will raise your right hands, please.
23
24 (Whereupon, the jury was
25 Duly sworn by the Court,
Sandra M. Halsey, CSR, Official Court Reporter
24

1 To a true verdict render
2 According to the law and
3 The evidence, after which
4 Time the proceedings were
5 Resumed as follows:)
6
7 THE COURT: You and each of you do
8 solemnly swear or affirm you will a true verdict render,
9 according to the law and the evidence, so help you God?
10 THE JURORS: I do.
11 THE COURT: Thank you. All right.
12 Now, call any witnesses to be sworn in
13 now. Do you have any witnesses present?
14 MR. GREG DAVIS: Yes, sir, I do.
15 THE COURT: All right.
16 MR. GREG DAVIS: The State will be
17 asking that the Rule be invoked as to all witnesses, your
18 Honor.
19 THE COURT: All right. Fine. Are you
20 going to make an opening statement?
21 MR. GREG DAVIS: Yes, sir.
22 THE COURT: All right. I will swear
23 them in, and then I will dismiss them. And then you will
24 call them in again after I swear them.
25 MR. GREG DAVIS: Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
25

1 MR. DOUGLAS MULDER: Judge, we would
2 like to make it known to the Court that we intend to rely
3 on any subpoenas that the State has issued.
4 So, if they will -- if we could just
5 have an understanding that they'll check with us before
6 they dismiss anybody.
7 THE COURT: That will be fine. Can you
8 agree to that?
9 MR. GREG DAVIS: Yes, sir.
10 THE COURT: All right. Fine. Thank
11 you. We normally swear all witnesses at one time so it
12 speeds up the proceedings somewhat. That's why we do it.
13 Come on up, please, ladies and
14 gentlemen.
15 MR. DOUGLAS MULDER: Judge, could we
16 have the witnesses identified as they are sworn in?
17 THE COURT: Yes, that will be fine. I
18 will swear them all in, then they will identify who was
19 sworn in.
20 MR. GREG DAVIS: I have one more.
21 THE COURT: All right. Is that it?
22 All right. If you will all raise your
23 right hands, please.
24
25 (Whereupon, the witnesses
Sandra M. Halsey, CSR, Official Court Reporter
26

1 Were duly sworn by the
2 Court, to speak the truth,
3 The whole truth and
4 Nothing but the truth,
5 After which, the
6 Proceedings were
7 Resumed as follows:)
8
9 THE COURT: You and each of you do
10 solemnly swear or affirm that the testimony you are about
11 to give in the case styled the State of Texas versus
12 Darlie Lynn Routier, will be the truth, the whole truth,
13 and nothing but the truth, so help you God?
14 THE WITNESSES: I do.
15 THE COURT: Thank you. Starting from
16 my left to right, if each officer -- each witness will
17 state their full name, please, slowly.
18 THE WITNESS: James Matthew Walling,
19 W-A-L-L-I-N-G.
20 THE WITNESS: Stephen Joseph Ferrie,
21 F-E-R-R-I-E.
22 THE WITNESS: Stephen Roberts Wade,
23 W-A-D-E.
24 THE WITNESS: David Wayne Waddell,
25 W-A-D-D-E-L-L.
Sandra M. Halsey, CSR, Official Court Reporter
27

1 THE WITNESS: Dean Poos, P-O-O-S.
2 THE WITNESS: Janice Brooks-Bloom,
3 B-L-O-O-M.
4 THE WITNESS: Joni McClain,
5 M-C-C-L-A-I-N.
6 THE WITNESS: Janis Townsend-Parchman.
7 T-O-W-N-S-E-N-D, hyphen Parchman, P-A-R-C-H-M-A-N.
8 THE WITNESS: Thomas Dean Ward,
9 W-A-R-D.
10 THE WITNESS: Barry Gene Dickey,
11 D-I-C-K-E-Y.
12 THE WITNESS: James Richard Bille. B,
13 as in boy, I-L-L-E.
14 THE COURT: Thank you. And you, sir?
15 THE WITNESS: Gustavo Guzman,
16 G-U-S-T-A-V-O.
17 THE COURT: That's Gustavo Guzman?
18 THE WITNESS: Yes.
19 THE COURT: Thank you.
20 THE WITNESS: Bill, or William Wallace
21 Gorsuch, G-O-R-S-U-C-H.
22 THE COURT: All right. The Rule of
23 Evidence has been invoked. That simply means that -- what
24 that means is this: Don't talk about your testimony with
25 anybody who has testified. In other words, don't
Sandra M. Halsey, CSR, Official Court Reporter
28

1 compare it.
2 You may talk to the attorneys for
3 either side. If someone tries to talk to you about your
4 testimony, please tell the attorney for the side who
5 called you.
6 Now, I'm going to ask you to step out
7 now, and Mr. Bosillo, or some member of the district
8 attorney's office or staff, will be coming back to get you
9 when it is your turn to testify, because both sides want
10 to make an opening statement. So, if you will just step
11 back, please.
12
13 (Whereupon, the witnesses
14 were excused from the
15 courtroom, and the proceedings
16 were resumed as follows:)
17
18 THE COURT: All right. You may make
19 your opening statement.
20 MR. GREG DAVIS: Read the indictment
21 first?
22 THE COURT: Excuse me. Thank you very
23 much. Let's present the indictment first. Thank you.
24 MR. GREG DAVIS: Yes, sir.
25 Good morning, ladies and gentlemen.
Sandra M. Halsey, CSR, Official Court Reporter
29

1 Again, my name is Greg Davis, and along with Mr. Shook and
2 Miss Wallace, I represent the State of Texas in this case.
3 I am now going to read to you the True
4 Bill of Indictment, which has been returned by the Dallas
5 County Grand Jury in this case. It reads as follows:
6 "True Bill of Indictment. In the name
7 and by the authority of the State of Texas, the Grand Jury
8 of Dallas County, State of Texas, duly organized at the
9 January Term, A.D. 1996, of the 194th Judicial District
10 Court, Dallas County, in said court, at said Term, do
11 present that one Darlie Lynn Routier, defendant, on or
12 about the 6th day of June A.D. 1996, in the County of
13 Dallas and said State did, unlawfully, then and there,
14 intentionally and knowingly, cause the death of Damon
15 Christian Routier, an individual, hereinafter called
16 deceased, by stabbing the said Damon Christian Routier
17 with a knife, and the deceased was, at the time of the
18 offense, under six years of age."
19 It concludes: "Against the peace and
20 dignity of the State."
21 It is signed by John Vance, Criminal
22 District Attorney of Dallas County, Texas. And it's also
23 signed by Ray W. Paul, Senior, who is the foreman of the
24 Grand Jury.
25 THE COURT: To the indictment, Mr.
Sandra M. Halsey, CSR, Official Court Reporter
30

1 Mulder, how does you client plead?
2 MR. DOUGLAS MULDER: Yes, sir, your
3 Honor, and ladies and gentlemen of the jury, the defendant
4 pleads not guilty.
5 THE COURT: All right. The State may
6 make your opening statement.
7 MR. GREG DAVIS: Thank you.
8 May it please the Court.
9 Ladies and gentlemen, on June the 6th,
10 of 1996, the evidence will show that five-year-old Damon
11 Christian Routier, and his six year old brother Devon,
12 were stabbed and murdered in their own home in Rowlett,
13 Texas. And Rowlett being a small suburb in eastern Dallas
14 County.
15 Now, the evidence will show in this
16 case how these two children were murdered, who murdered
17 them, and the reasons why they were murdered. And in the
18 process, ladies and gentlemen, the evidence in this case
19 will show to you, that this woman here, Darlie Lynn
20 Routier, and no other person, is the individual who
21 stabbed and murdered her own children as they lay sleeping
22 in their own home on June the 6th, 1996.
23 The evidence will show you that the
24 real Darlie Routier is, in fact, a self-centered woman, a
25 materialistic woman, and a woman cold enough, in fact, to
Sandra M. Halsey, CSR, Official Court Reporter
31

1 murder her own two children.
2 Now, the evidence in this case also
3 will show you that the defendant's husband is named Darin.
4 Darin Routier. Now, Darin owned and operated a small
5 electronics business in Rowlett, Texas. And he did very
6 well. He was a hard worker.
7 In 1993, the Routier family moved into
8 a new two-story home in Rowlett, in a nice neighborhood.
9 Their address was 5801 Eagle Drive. It was a corner lot.
10 The evidence will show that when they
11 moved into that home, they started to buy the kinds of
12 things that would show their success: A lighted fountain,
13 satellite dishes, jewelry, fancy clothes, leather
14 furniture and a Jaguar automobile.
15 And 1994 was another good year. And
16 1995 was even better. But, again, instead of reinvesting
17 the money from that business back into that business, the
18 evidence will show that the defendant and her husband kept
19 on spending those profits on themselves.
20 And this time, in 1995, there were
21 several vacations. There was a nine thousand dollar
22 redwood spa for their backyard. And there was a
23 twenty-four thousand dollar cabin cruiser for the lake,
24 Lake Ray Hubbard, which is close to Rowlett.
25 Now, as 1996 began, everything still
Sandra M. Halsey, CSR, Official Court Reporter
32

1 looked good on the surface for this defendant. The
2 evidence will show that beneath the surface, things were
3 starting to change. For, you see, in 1996, Darlie Routier
4 had a new baby. That baby was keeping her very busy. Her
5 other two children Devon and Damon were also keeping her
6 busy.
7 Secondly, she hadn't been able to lose
8 the weight from her pregnancy. She was having problems
9 there also.
10 And perhaps most importantly, the
11 evidence will show to you that the money train from
12 Darin's business was beginning to peter out. His business
13 was flattening out as 1996 began.
14 When we come to June the 5th, 1996, the
15 evidence is going to show you that those problems began to
16 worsen, and they had worsened over time. By that date,
17 this defendant right over here, still had not lost the
18 weight that she had gained during her pregnancy. And that
19 had led her by June the 5th, 1996, to begin taking diet
20 pills in order to try to get back that figure. She was no
21 longer the glamorous, blond center-of-attention by that
22 date.
23 Also by that date, the baby, his name
24 was Drake. By this time he was eight months old. Drake,
25 Devon and Damon were again -- were taking up more and more
Sandra M. Halsey, CSR, Official Court Reporter
33

1 of her time. And by this time, she was becoming angry
2 because, in fact, her lifestyle that she had grown
3 accustomed to, the vacations, the buying sprees, the nice
4 things, the freedom, those things were starting to go
5 away, and she was beginning to become very angry by that
6 time.
7 You will also see that by 1996, by June
8 the 5th, on that date, the Jaguar automobile, it wasn't
9 running, so she had no transportation. That cabin cruiser
10 on the lake, by that time, it wasn't running either. And
11 there were problems at Darin's business. The evidence
12 will show again, that business was starting to flatten
13 out.
14 By June the 5th, the Routiers, the
15 defendant and her husband, had no savings accounts, no
16 retirement accounts. They had very little money in the
17 bank. I mean, the house was still there, the boat was on
18 the lake, but there was very little money in the bank.
19 And we're going to show you, that on that date there was
20 under two thousand dollars cash available to these people
21 by that date.
22 The evidence is going to show to you,
23 that by June, the situation had become bad enough, that on
24 June the 1st of 1996, now we're talking only five days
25 before the murder of these two children in their home;
Sandra M. Halsey, CSR, Official Court Reporter
34

1 that the Routiers tried to borrow five thousand dollars
2 from a bank in Rowlett. Because of their credit
3 situation, they were turned down on that loan. That's the
4 situation that we see on June the 5th, 1996.
5 Now, during that evening, the evidence
6 is going to show to you that the two boys, Devon and
7 Damon, were downstairs in the family room. And we'll be
8 referring to it as either the family room, or as the
9 Routiers sometimes referred to it as the Roman room.
10 They were in the family room sleeping,
11 watching television, the defendant was down there, at
12 times her husband was downstairs also.
13 About 1:00 a.m. that morning, both boys
14 were asleep on the carpet, by a couch where the defendant
15 was, close to a big screen television. They had been
16 watching TV that evening. By this time they were sound
17 asleep.
18 About 1:00 o'clock in the morning, the
19 defendant's husband came to her and told her that he was
20 going to go ahead and go upstairs to the master bedroom
21 and go to sleep. Baby Drake was already up there in his
22 bassinet.
23 The defendant, at that time, at 1:00
24 o'clock in the morning, told her husband, "I'm not going
25 to go upstairs, I'm going to stay downstairs with the two
Sandra M. Halsey, CSR, Official Court Reporter
35

1 boys."
2 You see, the defendant was a very light
3 sleeper, and she had complained to her husband that the
4 baby would keep her awake simply by turning in his crib.
5 And for that reason, she said, "I'll stay down here with
6 the two boys tonight, and I will sleep down here."
7 So, at 1:00 o'clock in the morning, the
8 situation will be, that we have Devon, we have Damon, we
9 have only one other person downstairs with them. And that
10 person is the defendant right over here, Darlie Lynn
11 Routier.
12 Now, sometime between 1:00 a.m., and
13 2:30 a.m., on the morning of June the 6th, 1996, both
14 Devon and Damon were stabbed to death. The evidence will
15 show to you that Devon Routier, the six-year-old, was
16 stabbed twice in the chest. The first stab wound to the
17 upper chest penetrated his pulmonary artery, and it went
18 into his right lung.
19 The second stab wound that you will
20 hear about, is lower in the chest, and that entered into
21 his liver. And the evidence will show to you that
22 six-year-old Devon died face up, on the carpet, with his
23 eyes open. Supposedly, as his mother, the defendant, was
24 sleeping on a couch in that very same room where he died.
25 Now, the evidence will show you that
Sandra M. Halsey, CSR, Official Court Reporter
36

1 five-year-old Damon was also stabbed. That child was
2 stabbed four times in the back. Some of those wounds
3 penetrated through his lungs, others through his liver,
4 and he died as a result of those stab wounds.
5 The evidence will show you that he was
6 stabbed at least one time in the back, again, as his
7 mother supposedly was sleeping on a couch, nearby where he
8 was attacked. But the evidence will show to you that he
9 didn't die immediately. Damon somehow struggled across
10 the floor of that family room, towards the hallway, and
11 towards the kitchen, before collapsing on the floor.
12 And when the first police officers got
13 there to that scene that morning, and when the paramedics
14 got there, they found him face down, gasping for breath,
15 with his eyes open. But the evidence will show to you
16 that Damon Christian Routier died before the paramedics
17 could get him to the hospital that morning.
18 Now, you will hear from police
19 officers, who dealt with the defendant. You will hear
20 from paramedics who dealt with the defendant that morning
21 also. You will hear from doctors who treated her, and you
22 will hear from personnel from Baylor Hospital in Dallas,
23 nurses, and other medical personnel over there who dealt
24 with her that morning. And you'll hear them tell you that
25 that morning, immediately after these attacks on her
Sandra M. Halsey, CSR, Official Court Reporter
37

1 children, this defendant was not in shock. This defendant
2 was awake, she was alert, and she was very coherent.
3 You will hear them tell you how they
4 had conversations with her, in which she was able to
5 follow their instructions, and able to give very detailed
6 information to them about herself, and about events, and
7 about her condition.
8 You will hear, from those very same
9 people, that this woman over here, Darlie Lynn Routier,
10 that morning, while she is at the scene at 5801 Eagle
11 Drive, made absolutely no attempts to help either of her
12 two children, either Devon or Damon. She never asked
13 about their condition, never asked about where they were
14 going, made absolutely no inquiries about her two children
15 at 5801 Eagle Drive.
16 You will hear also from them how this
17 defendant gave differing stories about what had happened
18 out there that night. You will hear the 911 tape. You
19 will hear that at 2:31 a.m., June 6th, the Rowlett Police
20 Department received a call from the defendant, a 911 call.
21 And you'll hear that tape during this trial, probably
22 today or either tomorrow. You'll hear that tape. And on
23 that tape, you will hear the defendant's voice. You will
24 hear her scream, sometimes very loudly.
25 You will hear the very first story that
Sandra M. Halsey, CSR, Official Court Reporter
38

1 she gives to the police about what happened out there that
2 night. You'll hear her say to them that, in fact, that
3 she had seen an intruder while she was sleeping
4 downstairs, that she woke up, she found that her two
5 children had been stabbed, that she had been stabbed, that
6 she saw an intruder. That intruder then started to run
7 from the family room, through the kitchen, to the utility
8 room and finally to the garage.
9 That he was armed with a knife. You
10 will hear her tell the police that she chased that man,
11 while she's unarmed, that she chased this armed intruder
12 through that house, that he threw a knife down in the
13 utility room, that she picked up that knife.
14 Now, you will hear on that tape also,
15 how the focus of Darlie Routier turned very quickly from
16 her two children, who were dying there in her presence, to
17 herself, to the activities of the Police Department
18 personnel who were on the scene, and to the condition of
19 the crime scene.
20 You'll hear her, only five minutes into
21 that tape, say, "this knife was laying over there, and I
22 already picked it up. God, I bet we could have gotten the
23 prints, maybe, maybe." You will hear that being said as
24 her two children are dying and bleeding to death, right
25 there in front of her.
Sandra M. Halsey, CSR, Official Court Reporter
39

1 Now, finally, ladies and gentlemen, in
2 this trial, you will hear about the police investigation,
3 the extensive police investigation. And you will see the
4 physical and the scientific evidence that was conducted,
5 and that was preserved and collected out there at that
6 scene.
7 You will see a lot of things,
8 unfortunately, that are going to be very graphic. And I'm
9 just going to apologize in advance for that. There is
10 just no way around it. Some of these things are going to
11 be very difficult for you to look at and to listen to.
12 But the bottom line and the reason why we're going to have
13 to show you those things, is because those things show us,
14 and they'll show you, exactly what happened out there that
15 night. And for that reason, you're going to have to view
16 it, and you're going to have to listen to it.
17 Now, among the things that you will see
18 through that evidence will be that both boys, both Devon
19 and Damon were stabbed with a knife that came from the
20 defendant's own kitchen; a large butcher knife that was
21 kept in her kitchen. You will also see in that evidence,
22 that both boys' injuries were deep stab wounds to the
23 trunk area. And that they were totally inconsistent with
24 the superficial wound that this defendant received on June
25 the 6th, 1996.
Sandra M. Halsey, CSR, Official Court Reporter
40

1 That evidence will also show you, that
2 neither the defendant, nor any intruder ever ran through
3 that kitchen and utility room to the garage after the
4 boys' attack, as the defendant claimed. That never
5 happened.
6 You will also see that no intruder ever
7 threw a knife down on that utility room floor as he fled
8 that residence, as the defendant claimed.
9 And you will also see in that evidence
10 that no intruder ever left out of that garage through a
11 window, where a screen had been cut, that evening after
12 the boys' attack. That never happened either, as this
13 defendant claimed it happened that night.
14 And finally, the evidence in this case
15 will show you, beyond any reasonable doubt, that this
16 defendant staged the crime scene before the police got
17 there, to make it appear like an intruder had come in, and
18 that she had had a struggle with that intruder.
19 You will also see, that there is blood
20 on her T-shirt that she was wearing at the time. That her
21 own son's blood is on her T-shirt, and that it was
22 deposited while she was stabbing them to death on June the
23 6th, 1996.
24 And, finally, you will hear that that
25 screen that was cut on that garage window, the place where
Sandra M. Halsey, CSR, Official Court Reporter
41

1 this intruder supposedly came into the house to attack the
2 boys, and supposedly left out of the house, as she chased
3 him unarmed. You will see, that the screen is made up of
4 two things: It's made up of fiberglass rods that are also
5 connected with a rubber polymer, a black rubbery
6 substance.
7 And you'll hear that a knife was found
8 inside the defendant's residence, in her kitchen, still in
9 a butcher block, and that knife was examined. And those
10 two very same substances, both the fiberglass rods found
11 in the window screen, and the black rubber material, was
12 found on the blade of that knife.
13 At the conclusion of this case, when
14 all of the testimony is in, I'm going to come before you,
15 and I'm going to ask you to find this defendant guilty,
16 because the evidence we're going to show you through this
17 trial, shows beyond any reasonable doubt that she is, in
18 fact, guilty of the capital murder of five-year-old Damon
19 Christian Routier.
20 Thank you.
21 THE COURT: Thank you, Mr. Davis.
22 Mr. Mosty, the defense will now make an
23 opening statement
24 MR. RICHARD C. MOSTY: May it please
25 the Court, ladies and gentlemen of the jury. I think that
Sandra M. Halsey, CSR, Official Court Reporter
42

1 when we talked to all of y'all, that at some point, one of
2 the defense lawyers, Mr. Mulder, or myself, or one of us,
3 probably said to every one of you, that one of the things
4 that we hate about a criminal case is, that the State
5 always gets to go first. And that, we think first
6 impressions are important, and that we would like to go
7 first, and we would like to tell you our story. But we're
8 not allowed to do that because of the rules.
9 The State -- and the indictment was
10 read to you, and you were all told that the indictment is
11 no evidence of guilt. It means nothing. And the
12 presumption of innocence, and the burden of proof that the
13 State has to prove beyond a reasonable doubt that Darlie
14 is guilty. And so, we don't get to go first. And, I just
15 say that, to remind you again of that, as I talk about
16 what the evidence is going to show, and what Mr. Davis did
17 not tell you, about what the evidence is going to show.
18 Always remember that we're going to get
19 our chance, it's just not going to be the first chance.
20 Now, what the State has said, is that a
21 person who has witnessed their two children being stabbed
22 to death in their own home, and their own knife, their own
23 throat slashed, that that person's account, given right
24 then, and under the terror of that moment, that that
25 account is by itself, and that they will take that by
Sandra M. Halsey, CSR, Official Court Reporter
43

1 itself, and prove beyond a reasonable doubt, that Darlie
2 is guilty. That's what the State's theory is. Is, that
3 this person who was traumatized by her children being
4 killed in front of them, made statements that prove her
5 own guilt beyond a reasonable doubt.
6 And I submit to you, when we -- when I
7 talk about the evidence here, and when you see the
8 evidence, you will see that that isn't what happened.
9 Darin and Darlie Routier are a young
10 couple. It struck me, that Mr. Davis talked about them
11 not having a savings account. I hope I never get tried
12 over how much money --
13 MR. GREG DAVIS: I'm sorry. Your
14 Honor, I'm going to have to object to the personal
15 comments of Mr. Mosty. If we could just stick with what
16 the evidence will show, please.
17 THE COURT: Sustained. Just stay on
18 the evidence, please.
19 MR. RICHARD C. MOSTY: Darin and Darlie
20 are a couple that met in West Texas, in Lubbock. And the
21 evidence will show, that they eventually settled, and they
22 were trying to get ahead. They're in their mid 20's.
23 Trying to get ahead, and ended up moving to Rowlett, which
24 is just northeast, you would say, in Dallas. And they did
25 find some success, and they wanted to get ahead. And
Sandra M. Halsey, CSR, Official Court Reporter
44

1 Darin started a little business, and it gained some
2 success. And they bought a nice house. And they had two
3 beautiful children when they moved in the house, and later
4 a third. And you will see, that house will be brought to
5 you.