Volume 30

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS } NO. F-96-39973-J
7 VS: } & A-96-253
8 DARLIE LYNN ROUTIER } Kerr Co. Number
9
10
11
12
13 REPORTERS RECORD
14 JURY TRIAL
15 VOL. 30 OF 53 VOLS.
16 January 8, 1997
17 Wednesday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
537

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Wednesday, the 8th day of
5 January, 1997, in the District Court of Kerr County,
6 Texas, the above-styled cause came on for a hearing
7 before the Hon. Mark Tolle, Judge of the Criminal
8 District Court No. 3, of Dallas County, Texas, with a
9 jury, and the proceedings were held, in open court, in
10 the City of Kerrville, Kerr County Courthouse, Kerr
11 County, Texas, and the proceedings were had as follows:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
538

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
539

1 ADDITIONAL APPEARANCES:
2
3 HON. DOUGLAS D. MULDER
4 Attorney at Law
5 2650 Maxus Energy Tower
6 717 N. Harwood
7 Dallas, TX 75201
8
9 AND: HON. CURTIS GLOVER
10 Attorney at Law
11 2650 Maxus Energy Tower
12 717 N. Harwood
13 Dallas, TX 75201
14
15 AND: HON. RICHARD C. MOSTY
16 Attorney at Law
17 Wallace, Mosty, Machann, Jackson & Williams
18 820 Main Street, Suite 200
19 Kerrville, TX 78028
20
21 AND: HON. S. PRESTON DOUGLASS, JR.
22 Attorney at Law
23 Wallace, Mosty, Machann, Jackson & Williams
24 820 Main Street, Suite 200
25 Kerrville, TX 78028
Sandra M. Halsey, CSR, Official Court Reporter
540

1
2 AND: HON. JOHN HAGLER
3 Attorney at Law
4 901 Main Street, Suite 3601
5 Dallas, TX 75202
6 ALL ATTORNEYS REPRESENTING THE
7 DEFENDANT: DARLIE ROUTIER
8 MR. HAGLER HANDLING THE APPEAL
9 AND:
10 HON. ALBERT D. PATILLO, III
11 Attorney at Law
12 820 Main Street, Suite 211
13 Kerrville, TX 78028
14 APPEARING FOR: Witness-
15 Detective Jimmy Patterson
16 only on one date in trial
17 AND:
18 HON. STEVEN J. PICKELL
19 Attorney at Law
20 620 Earl Garrett Street
21 Kerrville, TX 78028
22 APPEARING FOR: Witness
23 Officer Chris Frosch
24 only on one date in trial
25
Sandra M. Halsey, CSR, Official Court Reporter
541

1 P R O C E E D I N G S
2
3 January 8th, 1997
4 Wednesday
5 9:00 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 panel, as follows:)
17
18
19 THE COURT: All right. We're back on
20 the record in the Darlie Routier matter.
21 Are both sides ready to bring the jury
22 back and resume?
23 MR. GREG DAVIS: Yes, sir, the State
24 is ready.
25 MR. DOUGLAS MULDER: Yes, sir, we are
Sandra M. Halsey, CSR, Official Court Reporter
542

1 ready.
2 THE COURT: All right, bring the jury
3 in, please.
4
5 (Whereupon, the jury
6 Was returned to the
7 Courtroom, and the
8 Proceedings were
9 Resumed on the record,
10 In open court, in the
11 Presence and hearing
12 Of the defendant,
13 As follows:)
14
15 THE COURT: Let the record reflect all
16 parties in the trial are present and the jury is seated.
17 And Mr. Mulder, I believe you will do
18 cross-examination?
19 MR. DOUGLAS MULDER: Yes, sir. Thank
20 you.
21 THE COURT: All right.
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
543

1 Whereupon,
2
3 LT. MATT WALLING,
4
5 Resumed the stand as a witness, for the State of Texas,
6 having been previously duly sworn by the Court, to speak
7 the truth, the whole truth, and nothing but the truth,
8 was examined and testified further in open court, as
9 follows:
10
11
12 CROSS EXAMINATION
13
14 BY MR. DOUGLAS MULDER:
15 Q. Lieutenant Walling, you understand, of
16 course, that you're still under oath?
17 A. Yes, sir.
18 Q. And, you were, I believe way back on
19 Monday placed under the Rule of Evidence?
20 A. Yes, sir.
21 Q. You've heard that when the prosecutor
22 asked that all the witnesses be placed under the Rule of
23 Evidence?
24 A. Yes, sir.
25 Q. Of course, you haven't, I take it
Sandra M. Halsey, CSR, Official Court Reporter
544

1 then, talked with the other witnesses about your
2 testimony and no witness has discussed his testimony with
3 you?
4 A. No, sir.
5 Q. That's the purpose of the Rule, isn't
6 it?
7 A. Yes, sir, it is.
8 Q. So the witnesses don't get together
9 and all cook up a story. Correct?
10 A. Yes, sir.
11 Q. And, of course y'all didn't need to do
12 that, because you have had a, -- you kind of had a dress
13 rehearsal, didn't you? Weren't you involved in the dress
14 rehearsal?
15 A. With the district attorneys?
16 Q. Yes, sir.
17 A. Yes, sir. We had gotten together
18 before.
19 Q. You got together in the courtroom?
20 A. Yes, sir.
21 Q. And everybody kind of sat around and
22 listened to the other witnesses as they went through
23 their part of the testimony?
24 A. Yes, sir.
25 Q. Okay. It's looks better, I guess, for
Sandra M. Halsey, CSR, Official Court Reporter
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1 the conductor, if everybody's on the same sheet of music,
2 doesn't it?
3 A. Yes, sir, I guess it does.
4 Q. But, I mean, it helps you if you're
5 able to, for example -- and I'm not suggesting that you
6 would change your testimony, but, I mean, it helps to
7 refresh your memory and it looks better if everybody's
8 consistent, doesn't it? It makes sense.
9 A. Well, it does refresh your memory,
10 yes, sir.
11 Q. And, of course, it looks better if
12 everybody's consistent, doesn't it?
13 A. Well, sir --
14 Q. Don't you think?
15 A. Well --
16 Q. You don't know?
17 A. Well, I'm talking -- as long as you
18 tell the truth it doesn't really matter. That's not what
19 we're here for is to make things look better.
20 Q. Well, let's talk about -- and when you
21 say "as long as you tell the truth" of course you mean
22 the whole truth, don't you?
23 A. Yes, sir.
24 Q. And nothing but the truth?
25 A. Yes, sir.
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1 Q. And you've been under oath before in
2 this matter and testified, have you not?
3 A. Yes, sir, I have.
4 Q. And at that time you took an oath to
5 tell the truth, the whole truth, and nothing but the
6 truth, didn't you?
7 A. Yes, sir.
8 Q. Okay. Let me -- Mr. Walling --
9 Sergeant Walling -- Lieutenant Walling, on the evening
10 of, or the early morning hours of June the 6th, of 1996,
11 you told us that you were on Highway 66 and got this
12 dispatch; is that right?
13 A. Yes, sir.
14 Q. I believe your response time was
15 something like two or three minutes. Is that fair to
16 say?
17 A. Approximately three minutes.
18 Q. Okay. At any rate, you were some, as
19 I recall, some 3.1 miles away at that time. Right?
20 A. Approximately, yes, sir.
21 Q. You were on Highway 66, which is a
22 main artery through Rowlett; is it not?
23 A. Yes, sir, it is.
24 Q. I have my finger on 66. It's this red
25 thing?
Sandra M. Halsey, CSR, Official Court Reporter
547

1 A. Yes, sir.
2
3 MR. DOUGLAS D. MULDER: Can you-all
4 see that?
5 THE JURORS: Yes.
6
7 BY MR. DOUGLAS MULDER:
8 Q. Now another artery that is close to
9 Rowlett is Interstate 30, isn't it?
10 A. Yes, sir, it is.
11 Q. Runs from Dallas, basically, to
12 Texarkana, doesn't it?
13 A. Yes, sir.
14 Q. It runs almost parallel, does it not?
15 A. Yes, sir, it does.
16 Q. Big divided highway?
17 A. Through Rowlett it runs parallel.
18 Q. All right. And that's Interstate 30?
19 A. Yes, sir.
20 Q. Of course, you were coming from the
21 opposite direction, but somebody at 2:31 or 2:32, at or
22 about the time that you got your dispatch, somebody could
23 have gone down Dalrock Road to Interstate 30 and by the
24 time you got to Eagle been well on their way to Dallas,
25 if they made a right turn and --
Sandra M. Halsey, CSR, Official Court Reporter
548

1 A. Yes, sir, that's correct.
2 Q. And through Rockwall if they made a
3 left turn?
4 A. Yes, sir, that's correct.
5 Q. And that's a big divided -- is it four
6 lanes on each side, or in some places it is, I guess?
7 A. Are you talking about Dalrock?
8 Q. No, we're talking about -- Dalrock is
9 a main artery as well, is it not?
10 A. Yes, sir.
11 Q. Okay. And on the interstate, of
12 course, is a divided highway with several lanes on each
13 side?
14 A. Yes, sir.
15 Q. All right. Now, your response time is
16 about three minutes. Right?
17 A. Yes, sir, approximately.
18 Q. Okay. And you heard in the -- matter
19 of fact, you were down here Sunday, were you not? In
20 this very courtroom?
21 A. Yes, sir.
22 Q. And you listened to the 911 tape, and
23 you realized from that that your patrolman, Officer
24 Waddell, had been at the residence during the 911 call;
25 is that right?
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549

1 A. Yes, sir.
2 Q. Matter of fact, the officer, when
3 she's told to let the officer in, that's you, isn't it?
4 A. I'm assuming it is, but I don't
5 believe the dispatcher knew that the officer, Officer
6 Waddell was in the house at the time.
7 Q. Well, at any rate you arrived there
8 shortly after that 911 call, didn't you?
9 A. Yes, sir.
10 Q. And as I understood your testimony
11 yesterday, you rendezvoused with Waddell to have him
12 bring you up to date on what he knew at that point; is
13 that right?
14 A. Yes, sir.
15 Q. And then without talking to Darlie or
16 her husband, who were also present, weren't they?
17 A. Yes, sir.
18 Q. As I understood your testimony
19 yesterday, you and Waddell went and went directly to the
20 garage; is that right?
21 A. After we talked?
22 Q. Yes, sir.
23 A. Yes, sir.
24 Q. All right. And I believe that you
25 said that your route to the garage --
Sandra M. Halsey, CSR, Official Court Reporter
550

1 A. Sir, what are those first two words on
2 that line?
3 Q. Right here?
4 A. Yes, sir.
5 Q. It says "met with."
6 A Okay.
7 Q. That's just a W, slash.
8 A. Okay.
9 Q. Met with Waddell and went directly to
10 the garage?
11 A. Yes, sir.
12 Q. And I think you said at that time you
13 stepped into the garage, didn't remember whether the
14 lights were on or not, had a flashlight with you, saw the
15 window open with the screen cut; is that right?
16 A. Yes, sir.
17 Q. And satisfied yourself that there was
18 no one there in the garage from your vantage point, which
19 was just inside -- as I understood your testimony, y'all
20 were just inside the garage, like you were right there
21 and Waddell was covering your back, still standing in the
22 utility room?
23 A. I believe that he was a step or two in
24 the garage. I'm not sure exactly where he was. I
25 stepped in a couple of feet. There was, --I believe it
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551

1 was either a refrigerator, or a freezer or something. If
2 you're standing in the doorway looking into the garage to
3 the left, to the left of me, and I had to go around it,
4 to look around it to see all the way to the wall.
5 Q. Well, at any rate, you satisfied
6 yourself that there was no one in the garage, and then
7 you exited the garage and came out, as I understood your
8 testimony, into the dining room?
9 A. Yes, sir.
10 Q. You had gone in through the kitchen
11 past the wine rack and on this side of the island; is
12 that right?
13 A. Yes, sir, it is.
14 Q. And I think you told the jury
15 yesterday at that time you didn't see an overturned
16 vacuum cleaner in this area?
17 A. I don't recall seeing it at that time.
18 Q. And we can take that as a definite
19 then that you did not see an overturned vacuum cleaner in
20 this area at that time?
21 A. I don't recall seeing it at that time.
22 I remember seeing one there, but I don't remember whether
23 or not if I noticed it the first time through or when I
24 went through later with the crime scene.
25 Q. Okay. Would you quarrel with me --
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1 you've been over your testimony, have you not? Your
2 previous testimony?
3 A. Yes, sir.
4 Q. Okay. You know that you testified
5 back then that you did not see it when you initially went
6 through the kitchen. Is there anything that's going to
7 change that?
8 A. No, sir.
9 Q. Okay. Fair enough for me to write on
10 here that Lieutenant Walling, or Sergeant Walling, at the
11 time, Walling did not see vacuum cleaner when first went
12 through kitchen. Is that fair?
13 A. Sir, I don't recall seeing it at that
14 time.
15 Q. All right. Walling does not recall
16 seeing vacuum cleaner when first went through kitchen.
17 Fair enough?
18 A. Yes, sir. I don't remember if I
19 actually saw it at that time or when I was in the house
20 later. I don't remember when I first saw it.
21 Q. Well, just so that we don't -- your
22 memory would have been better in August than it is today,
23 would it not? If it was that much closer?
24 A. Well, on some things.
25 Q. Okay. Well, I mean, we can go back
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553

1 and I can, if you prefer -- let me hand you what has been
2 marked for identification record purposes as Defendant's
3 Exhibit No. 15. And I'll ask you to just page through
4 that briefly in the privacy of the witness box and tell
5 me whether or not that is your --
6 A. Yes, sir, it is.
7 Q. -- prior sworn testimony?
8 A. Yes, sir, it is.
9 Q. All right. Were you asked -- if you
10 would turn to page 179, line 10. Were you asked: Was
11 the vacuum cleaner there in the kitchen when you went
12 through that first time, and did you answer, "No, sir, I
13 don't remember at that going-through"?
14 A. Yes, sir, I don't recall. That's what
15 I'm telling you now that I don't recall.
16 Q. You don't remember it when you went
17 through it at that time. Is that fair to say?
18 A. Yes, sir.
19 Q. All right. Now, you went back in and
20 made a thorough search of the residence, did you not?
21 A. Yes, sir.
22 Q. Okay. But that was after you had gone
23 out to the backyard; is that not right?
24 A. Yes, sir.
25 Q. Now, once you --
Sandra M. Halsey, CSR, Official Court Reporter
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1 A. Of the upstairs part. Downstairs, I
2 searched on my way out to the backyard.
3 Q. Okay. You went through the dining
4 room and living room?
5 A. Yes, sir.
6 Q. Satisfied that there wasn't anybody
7 there?
8 A. Yes, sir.
9 Q. And then you searched the outside; is
10 that right?
11 A. Yes, sir.
12 Q. And so after -- would it be fair to
13 say that after you had searched the first floor you then
14 searched the backyard?
15 A. Yes, sir.
16 Q. Okay. All right. And you have told
17 us how you got into the backyard by opening the gate.
18 And I think you showed us how you even had to push a
19 little bit with your foot on the gate to open it up. But
20 you were able to open it up, weren't you?
21 A. Yes, sir.
22 Q. I mean, you didn't have any trouble --
23 that wasn't a difficult maneuver, was it?
24 A. Well, it was pretty hard to get it
25 open.
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555

1 Q. But you managed, didn't you?
2 A. Yes, sir.
3 Q. And you're talking about a matter of
4 seconds that it took you to --
5 A. Yes, sir.
6 Q. All right. You told us yesterday,
7 that you didn't know whether the lights in the backyard
8 were on or off at that time, didn't you?
9 A. No, sir.
10 Q. Were the lights off?
11 A. The lights in the backyard?
12 Q. Uh-huh. (Nodding head affirmatively).
13 A. Yes, sir, they were off.
14 Q. Okay. And when you walked from the
15 gate of the backyard over to the window that you had seen
16 from where you were in the garage, the lights did not
17 come on, did they?
18 A. Well, I didn't go there first.
19 Q. Okay.
20 A. In fact, I walked first to the spa,
21 and past the spa and around the corner, I looked over at
22 the window as I was going through.
23 Q. Did the lights ever go on?
24 A. Yes, sir.
25 Q. While you were in the backyard?
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1 A. Yes, sir.
2 Q. Okay.
3 A. The flood lights mounted on the spot
4 did.
5 Q. All right. Those are motion
6 detectors, are they not?
7 A. Yes, sir.
8 Q. Okay. Do you know where you were when
9 you set the motion detector light off?
10 A. I was approximately around the door of
11 the spa.
12 Q. The door of the spa?
13 A. Yes, sir.
14 Q. Okay. The spa is toward the back of
15 the lot, is it not?
16 A. Yes, sir, it is.
17 Q. And on this State's Exhibit 8-A, this
18 would represent the spa, I assume?
19 A. Yes, sir.
20 Q. And you were back in here when you set
21 the -- when the light turned on?
22 A. I would have to see a front view of
23 the spa to see where the door was.
24 Q. Well --
25 A. I really don't remember. Right along
Sandra M. Halsey, CSR, Official Court Reporter
557

1 in the center of the building, yes, sir.
2 Q. And it would follow, would it not,
3 that the door would be somewhere at the end of this
4 cement sidewalk?
5 A. Yes, sir.
6 Q. It didn't set the light off when you
7 came in through the gate, did you?
8 A. No, sir.
9 Q. Okay. Later on some experiments were
10 done. Were you there when those were done?
11 A. Yes, sir.
12 Q. And you were able to -- or the police
13 officer conducting it, was able to run in this area to
14 the window back and forth and not set off the alarm --
15 set off the lights, was he not?
16 A. The only thing that I did when the
17 light came on, I stayed out of -- or at the entrance to
18 the yard. When the lights came on, I timed it to see how
19 long they were on.
20 Q. Okay. Were you there when the
21 experiment was conducted?
22 A. Yes, sir, I was.
23 Q. Okay. Well, you know then that he was
24 able to walk from the window, and run from the window --
25 both run and walk from the window to the gate without
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558

1 setting off the light?
2 A. I'm not sure what path that he took.
3 Q. Okay. But you were there when that
4 experiment was conducted?
5 A. Yes, sir, I was. I timed it.
6 Q. Did you make any notes of that, or did
7 you just relay the timing to somebody?
8 A. I just relayed it to somebody.
9 Q. Matter of fact, the only note that you
10 made out there was -- you carry a little whip-out book,
11 don't you?
12 A. Yes, sir, I do.
13 Q. Could we see that?
14 A. Yes, sir.
15 Q. Okay. You had a book similar to that,
16 did you?
17 A. No, sir, I had this book.
18 Q. You had that particular book?
19 A. Yes, sir.
20 Q. Okay. Did you -- but you didn't note
21 the time; is that correct?
22 A. Concerning the yard?
23 Q. Yes, sir.
24 A. No, sir, I didn't. Now, I didn't have
25 this book, or I don't know if I had this book or not when
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1 you're talking about the experiment with the light. I
2 had this book the night that I was dispatched to 5801
3 Eagle Drive.
4 Q. Oh, okay. But you went out there
5 later on, with respect to the experiment with the light?
6 A. Yes, sir.
7 Q. That happened a day or two later?
8 A. Something like that.
9 Q. Several days later, whatever?
10 A. Yes, sir.
11 Q. You didn't make any notes at that
12 time, you just relayed your information to someone there
13 who was taking notes?
14 A. Yes, sir.
15 Q. All right. Now, when you went to the
16 backyard to search and secure the backyard area, the
17 paramedics had gone in through the front door and were
18 endeavoring to give aid to the children and to Ms.
19 Routier, weren't they?
20 A. No, sir. When I exited the house to
21 begin the search -- to go around to the backyard, the
22 paramedics, -- we both arrived at the same time. I
23 followed the ambulance in. When I exited the house to go
24 around to the backyard, I told the paramedics that the
25 scene was secure downstairs so that they could go in.
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1 Q. Okay. I thought that's what I said.
2 But, when you left them and went to search the backyard,
3 they went in, didn't they?
4 A. Yes, sir.
5 Q. Okay. And administered whatever aid
6 they could administer?
7 A. Yes, sir.
8 Q. Now, you don't instruct them, with
9 respect to the crime scene, do you? In other words, you
10 don't tell them, "don't touch anything, don't do this or
11 that and the next thing."
12 They're in there -- their purpose is
13 totally different from yours, is it not?
14 A. Yes, sir, it is.
15 Q. Okay. And --
16 A. At points, during -- if they're in for
17 an extended period or something, and I'm in there, I have
18 in the past made comments to tell them to be careful
19 about certain things, but that night, no, sir.
20 Q. Okay. So they went in, they were at
21 leave to do whatever they deemed necessary?
22 A. Yes, sir.
23 Q. They could move things, they could
24 touch things, they could do whatever was necessary?
25 A. Whatever.
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561

1 Q. And I would assume, and you were
2 there, so I will just ask you. But I would assume they
3 would get blood on their hands, would they not?
4 A. Yes, sir, I would think so.
5 Q. I mean, it would be hard not to,
6 wouldn't it?
7 A. Yes, sir.
8 Q. You saw Darin Routier that night, he
9 had blood on his hands, didn't he?
10 A. No, sir, he didn't -- well, when I
11 checked his hands at that time he didn't have blood on
12 his hands.
13 Q. Did he have blood on his hands later
14 on?
15 A. No, sir, I never saw him with blood on
16 his hands.
17 Q. You never did? Are you sure about
18 that?
19 A. Yes, sir.
20 Q. Okay.
21 A. I know he had blood on his shirt.
22 Let's see, give me just a second.
23 Q. I'm going to give you your report and
24 let you refresh your memory.
25 A. Okay.
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562

1 Q. Did you refresh your memory before you
2 came in here yesterday?
3 A. With my reports, no, sir.
4 Q. Well, again, I don't know, but I would
5 think that the purpose of making a report is so that
6 later on you can look at your report and refresh your
7 memory from that report so that your testimony is as
8 accurate as it can be.
9 A. Yes, sir, that's correct.
10 Q. As you sit here right now, you're
11 telling the jury, I don't know whether it's important or
12 not, but you're telling the jury that Darin Routier did
13 not have blood on his hands and palms when you looked at
14 them?
15 A. Well, I'm not sure.
16 Q. Well, now you're saying you're not
17 sure.
18 A. Well, I need to refer to my report.
19
20 MR. DOUGLAS MULDER: Would you mark
21 this, please.
22
23
24 (Whereupon, the following
25 mentioned item was
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563

1 marked for
2 identification only
3 as Defendant's Exhibit 16,
4 after which time the
5 proceedings were
6 resumed on the record
7 in open court, as
8 follows:)
9
10
11 BY MR. DOUGLAS MULDER:
12 Q. Let me hand you what's been marked for
13 identification and record purposes as Defendant's Exhibit
14 No. 16. I'll direct your attention to this.
15 A. Yes, sir.
16 Q. Did he have blood on his hands?
17 A. Yes, sir, and on his shirt.
18 Q. Okay. I don't know that that's even
19 important, but, I mean, nobody has a perfect memory, do
20 they?
21 A. Well, I don't.
22 Q. All right. Now, I'm going to write
23 down here so we don't forget it again that Darin Routier
24 had blood on his hands and palms?
25 A. Yes, sir. And on his shirt.
Sandra M. Halsey, CSR, Official Court Reporter
564

1 Q. All right. Now, after you searched
2 the backyard and determined that the backyard was secure,
3 you and Waddell then searched the upstairs; is that
4 right?
5 A. Yes, sir.
6 Q. And at that time the paramedics were,
7 and the firemen and all of those folks were beginning to
8 arrive, were they not?
9 A. Well, there was the one ambulance unit
10 that I followed in. And another one had been dispatched
11 at that particular time. I'm not sure if the second
12 ambulance was there yet or not. And I believe an engine
13 was dispatched. And, as we were going upstairs, I'm not
14 sure if that one had arrived or not.
15 Q. Could you tell me again, I was at a
16 vantage point where I couldn't see, but did you say that
17 you parked over in this area?
18 A. No, sir.
19 Q. You didn't park here, did you?
20 A. No, sir.
21 Q. Okay. Your partner was parked -- see
22 this vehicle where it looks like the mowing may have
23 overlapped?
24 A. Yes, sir.
25 Q. Do you see that stripe down there?
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1 A. Yes, sir.
2 Q. Your partner, or Waddell, was parked
3 in this vicinity, was he not?
4 A. No, sir. He was on -- I believe he
5 was on the same side of the street that I was.
6 Q. Okay. Would you step down off the
7 witness stand, and with this marker -- I don't want to
8 mark up their exhibits, but if you'll mark on the
9 overlay. If you'll just mark where Waddell was parked.
10 Of course, part of your training is to
11 observe these sort of things, isn't it? Waddell was
12 parked there?
13 A. Right along in there.
14 Q. If you will put a -- all right.
15 A. Yes, sir.
16 Q. Will you show the jury where you were
17 parked.
18 A. Yes, sir.
19 Q. Okay. Anybody who thinks the second
20 squad car was parked over here is just mistaken, are they
21 not?
22
23 MR. GREG DAVIS: I'm going to object
24 to that, it's comparison of testimony.
25 THE COURT: Sustained.
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1
2 BY MR. DOUGLAS MULDER:
3 Q. At any rate, are you certain about
4 this where you were parked?
5 A. Yes, sir, I am.
6 Q. And you're certain about where Waddell
7 was parked?
8 A. Yes, sir.
9 Q. All right. And you're sure you
10 weren't parked over here?
11 A. Yes, sir.
12 Q. And you're sure Waddell wasn't parked
13 here?
14 A. Yes, sir.
15 Q. Okay. If you will just take the
16 witness stand again. Thank you.
17
18 (Whereupon, the witness
19 resumed the witness
20 stand, and the
21 proceedings were resumed
22 On the record, as
23 follows:)
24
25
Sandra M. Halsey, CSR, Official Court Reporter
567

1 BY MR. DOUGLAS MULDER:
2 Q. Do you have any idea, Lieutenant
3 Walling, how many paramedics and police officers were in
4 and out of that residence?
5 A. I can tell you how many police
6 officers were.
7 Q. Okay.
8 A. And that's -- at what point?
9 Q. Well, I guess before you put up the
10 tape and attempted to keep the scene -- attempted to
11 limit the contamination of the scene?
12 A. Well, before 6:00, or around,
13 approximately 6:00 o'clock in the morning, myself and
14 Officer David Waddell were the only two police officers
15 that entered the residence.
16 Q. Of course, while you were checking the
17 backyard, your main concern was to secure the backyard
18 and not to count the paramedics going in and out of the
19 house, isn't it?
20 A. Yes, sir.
21 Q. And, suffice it to say, you don't know
22 how many paramedics were in and out of that house when
23 you weren't there, do you?
24 A. No, sir.
25 Q. And, you don't know what they did, do
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1 you?
2 A. No, sir.
3 Q. You don't know what conversations
4 Darlie and her husband may have had with those
5 paramedics, do you?
6 A. No, sir.
7 Q. All right. And if you're seeking
8 medical information, it makes sense to talk to the
9 paramedics, as opposed to talking to the police officers,
10 doesn't it? If you're seeking medical information?
11 A. If who is?
12 Q. Anyone.
13 A. Yes, sir.
14 Q. Okay. Doesn't matter -- I mean, me or
15 the jury or anybody.
16 A. I mean, if that's your choice, I would
17 ask a paramedic, yes, sir.
18 Q. Sure. Okay. You had -- did you --
19 was it your idea to set up a canvas?
20 A. I mean -- well, yes, that was one of
21 the things that we were going to do. I didn't instruct
22 the canvas to be done, it was another sergeant that
23 instructed that the canvas be done.
24 Q. Okay. Who was the sergeant that gave
25 that instruction?
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1 A. Well, it might also have been, I
2 believe it was either Sergeant Ward or Lieutenant Grant.
3 We all three were conversing, and about the time when we
4 were going start that. And it was Sergeant Ward that
5 delegated the officers to start the neighborhood canvas.
6 Q. Okay. And that would be in an effort
7 to learn what any of the people in the neighborhood may
8 have seen that was suspicious?
9 A. Yes, sir.
10 Q. Is that correct?
11 A. Yes, sir.
12 Q. Did they talk to -- as far as you
13 know, did they talk to all of the neighbors in the
14 immediate area, that is, in this area?
15 A. I don't know exactly who they did talk
16 to.
17 Q. Okay. Have you had a chance to review
18 those, the results of the canvas?
19 A. No, sir.
20 Q. Let me ask you this: Did you go to
21 the cemetery --
22 A. Well --
23 Q. -- when the Routier children were
24 buried?
25 A. No, sir, I didn't.
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1 Q. Do you know who did?
2 A. No, sir.
3 Q. Okay. Y'all had people out there,
4 though, didn't you?
5 A. That went to the funeral?
6 Q. Yes.
7 A. I know some people went to the
8 funeral.
9 Q. Do you know if they videotaped the
10 funeral?
11 A. I don't think -- I don't know.
12 Q. You don't know whether Rowlett P.D.
13 videotaped people coming and going from the funeral?
14 A. I don't know if they did or not.
15 Q. If they did, they didn't discuss it
16 with you?
17 A. No, sir.
18 Q. Who would know that?
19 A. Probably the lead investigator in the
20 case, Jimmy Patterson.
21 Q. Jimmy Patterson would? Okay. Who
22 else would know that?
23 A. I don't know --
24 Q. Who was his lieutenant?
25 A. His lieutenant was Lieutenant Grant
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1 Jack.
2 Q. Okay. I guess the lieutenant would
3 know, wouldn't he?
4 A. Yes, sir, I'm sure he would.
5 Q. That's something that you would clear
6 with your lieutenant if you were somebody in Jimmy
7 Patterson's position, isn't it?
8 A. To go to the funeral?
9 Q. And to videotape the people coming and
10 going from the funeral?
11 A. If they had decided to do that, I'm
12 sure it was discussed.
13 Q. Okay. Have you seen Patterson today?
14 A. No, sir.
15 Q. You don't know whether he's here in
16 town or not?
17 A. Yes, sir, I do know he's here in town.
18 Q. He's here in town but you just haven't
19 seen him today?
20 A. Yes, sir.
21 Q. When did he get in, do you know?
22 A. I believe they got in Monday night.
23 Q. All right. You have -- maybe I took
24 it back from you -- I showed you Defendant's Exhibit No.
25 16. It contained a Xeroxed page from a whip-out book?
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572

1 A. Yes, sir.
2 Q. Is that the only note that you took
3 while you were out there at the scene?
4 A. Yes, sir, it is.
5 Q. That's the only thing that you wrote
6 down?
7 A. Yes, sir.
8 Q. And do you remember what that said?
9 A. Yes, sir. It said, "white male, dark
10 colored ball cap, black T-shirt."
11 Q. Well, let me just give it to you so we
12 don't have to -- I don't want to split hairs with you,
13 but exactly what you wrote down there.
14 A. Okay. W slash M for white male, dark
15 ball cap, blue jeans and BLK shirt.
16 Q. Would that be black shirt?
17 A. Yes, sir.
18 Q. Did you know whether that was a
19 T-shirt, or just a black shirt or a long sleeved shirt or
20 just a black shirt?
21 A. It was just a black shirt.
22 Q. That's all you knew at that time?
23 A. Yes, sir.
24 Q. Okay. Now, you had -- and I think you
25 testified yesterday that you had a conversation with
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1 the -- with Darlie; is that correct?
2 A. Yes, sir, I did.
3 Q. Okay. And that was not in the family
4 room or in the kitchen or in the house, was it?
5 A. No, sir. Well, no, sir, it was on the
6 front porch.
7 Q. All right. It was on the front porch.
8 And at that time she was being attended to by the
9 paramedics; is that correct?
10 A. Yes, sir.
11 Q. And they were getting ready to
12 transport her to a hospital, were they not?
13 A. Yes, sir, they were.
14 Q. Okay. She had a severe gash to her
15 neck, did she not?
16 A. She had a wound to her neck, yes, sir.
17 Q. And did you see any other wounds on
18 her?
19 A. No, sir, I didn't.
20 Q. Okay. Anything to prevent you from
21 seeing her arms?
22 A. No, sir.
23 Q. Okay. But you're telling the jury
24 that you saw no injury to either of her arms?
25 A. Well, I don't recall if there was. I
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1 know she received some other injuries, but I don't recall
2 where they were.
3 Q. Okay. But I think you said that she
4 was extremely bloody.
5 A. Yes, sir, extremely.
6 Q. And was she hysterical?
7 A. No, sir.
8 Q. Was she upset?
9 A. Yes, sir.
10 Q. Understandably so?
11 A. Yes, sir.
12 Q. Okay. Your conversation -- you were
13 asked, Lieutenant, under oath, how long your conversation
14 with her took. Do you remember that?
15 A. Remember what I was asked?
16
17
18 (Whereupon, the following
19 mentioned item was
20 marked for
21 identification only
22 as Defense Exhibit No. 15,
23 after which time the
24 proceedings were
25 resumed on the record
Sandra M. Halsey, CSR, Official Court Reporter
575

1 in open court, as
2 follows:)
3
4 BY MR. DOUGLAS MULDER:
5 Q. Let me, again, I'll favor you with
6 Defendant's Exhibit No. 15. I don't want the advantage
7 on you. And direct your attention to page 179.
8 A. Yes, sir.
9 Q. Let me take this and get it out of
10 your way. Do you have 179?
11 A. Yes, sir, I do.
12 Q. 180?
13 A. Yes, sir.
14 Q. And 181?
15 A. Yes, sir.
16 Q. Okay. Do you see at the bottom, line
17 24 of page 180, when you were under oath, and you were
18 asked approximately how long you talked with Mrs. Routier
19 on that occasion, line 24 on page 180?
20 A. Oh, page 180, I'm sorry. Yes, sir.
21 Q. All right. No one suggested an answer
22 to you, did they?
23 A. No, sir.
24 Q. But you were asked how long on this
25 occasion you talked to her; is that right?
Sandra M. Halsey, CSR, Official Court Reporter
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1 A. Yes, sir.
2 Q. And what was your response then and
3 what is your response now?
4 A. My actual conversation lasted less
5 than 30 seconds.
6 Q. Less than 30 seconds. That's less
7 than a half a minute.
8 A. Yes, sir.
9 Q. Could have been 15 seconds, could have
10 been 20 seconds?
11 A. It was less than 30 seconds. It was
12 enough time to ask her as far as description goes.
13 Q. You had to get your whip-out book out
14 and write it down, I assume?
15 A. Yeah, I had it, yes, sir.
16 Q. Okay. You were asked, Lieutenant, the
17 substance of that conversation, were you not?
18 A. Well --
19 Q. Line 10 on 180?
20 A. Yes, sir.
21 Q. You said you had a conversation with
22 her. You said it lasted less than 30 seconds and you
23 were asked the substance of that conversation; is that
24 correct?
25 A. Yes, sir.
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1 Q. Okay. And what was your answer under
2 oath at that time?
3 A. I had asked her for a description of
4 the suspect.
5 Q. Okay. And did she give you one?
6 A. Yes, sir.
7 Q. Okay. And do you recall what that
8 was?
9 A. White male, possibly wearing dark
10 colored ball cap, black shirt and blue jeans.
11 Q. Okay. If my watch is right our
12 exchange there took a little over, approximately 25
13 seconds. Was that about the length of your conversation
14 with her?
15 A. No, sir. I also asked her what
16 happened.
17 Q. Um-hum. (Nodding head affirmatively).
18 A. And --
19 Q. I understand that's what you said
20 yesterday. But when you were asked -- was there
21 something you didn't understand about the question back
22 in August? You were asked the substance of the
23 conversation, were you not?
24 A. Yes, sir, I was.
25 Q. And that means, in plain old ordinary
Sandra M. Halsey, CSR, Official Court Reporter
578

1 English words, that means, "What did you talk about?"
2 A. Yes, sir.
3 Q. In this less than 30 second
4 conversation, and you said, "I asked her for a
5 description;" is that right?
6 A. Yes, sir.
7 Q. And you didn't say any of this other
8 stuff back then, did you?
9 A. As far as asking her about what
10 happened?
11 Q. Yes, sir.
12 A. No, sir.
13 Q. You just forgot that back then?
14 A. Yes, sir.
15 Q. Okay.
16 A. That's when I was being asked -- I
17 thought I was being asked about --
18 Q. I'll accept forgot. I'm not here
19 to --
20
21 MR. GREG DAVIS: I'm sorry. Please,
22 again, I've got to ask we end these sidebar comments by
23 Mr. Mulder.
24 MR. DOUGLAS MULDER: I was talking to
25 the witness.
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1 MR. GREG DAVIS: Can I have a ruling,
2 please?
3 THE COURT: Gentlemen, sustained. And
4 I'm telling both attorneys, no more sidebar. We're not
5 going to put up with that. Let's ask the questions, get
6 the answer, and no comments.
7 Your next question, please.
8
9 BY MR. DOUGLAS MULDER:
10 Q. The only substance was the
11 description, dark colored ball cap, black shirt and blue
12 jeans, and forgot other. Right? Is that fair?
13 A. About when they asked me the last
14 time?
15 Q. Yeah, when you were asked in August
16 under oath --
17 A. Yes, sir.
18 Q. About this less than 30 second
19 conversation.
20 A. Yes, sir.
21 Q. Okay.
22 A. Actually, sir, I didn't forget the
23 other, how the question was phrased, I didn't think that
24 that's what -- at the time when I was thinking, you know,
25 I didn't think that that's what -- that I was going into
Sandra M. Halsey, CSR, Official Court Reporter
580

1 the rest of that.
2 Q. Oh. When they asked you the substance
3 of the conversation, do you understand -- you understood
4 at that time that meant what did you talk about, didn't
5 you?
6 A. Well, I think I just misunderstood.
7 Q. Oh, now your explanation is that you
8 misunderstood?
9 A. Yes, sir.
10 Q. Did you misunderstand when you wrote
11 your report initially? Was there something you
12 misunderstood?
13 A. No, sir. Did I misunderstand what?
14 Q. Well, you initially made a report
15 about this incident, didn't you?
16 A. Yes, sir, I did.
17 Q. Okay. And in the report you initially
18 made you were there for sometime, weren't you, at the
19 scene?
20 A. Yes, sir.
21 Q. Okay. And, I mean, if I had you list
22 what you did, step-by-step, you probably did some 15 or
23 20 steps while you were there, did you not, different
24 procedures and things?
25 A. I would say 70 to 200 different steps
Sandra M. Halsey, CSR, Official Court Reporter
581

1 or more.
2 Q. Okay. All right. So it would be easy
3 to confuse somebody, I guess, as to what was step number
4 79 and what was step number 92?
5 A. Yes, sir. I couldn't recall
6 specifically the order that I did a lot of the things in.
7 Q. Okay. But I would think that
8 everybody would remember the first thing they did when
9 they got there, wouldn't you?
10 A. Yes, sir.
11 Q. Okay. But you didn't, did you?
12 A. Yes, sir.
13 Q. Oh, you did?
14 A. Yes, sir.
15 Q. Okay. Didn't you tell the other folks
16 out there that the first thing you did was go to the
17 front door and get the information from Officer Waddell,
18 and then immediately exit and go to the back and check
19 the backyard?
20 A. No, sir.
21 Q. You didn't do that, did you?
22 A. No, sir. We --
23 Q. And that you saw, once you were in the
24 backyard, that's when you saw that the screen to the
25 window was cut?
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1 A. No, sir.
2 Q. Okay. Let me hand you what's been
3 marked for identification and record purposes as
4 Defendant's Exhibit No. 15.
5 A. Yes, sir.
6 Q. What's the verdict?
7 A. Well, as far as --
8 Q. Did you not -- why don't you go ahead
9 and read the second -- I marked it for you, so you can
10 find it a little easier.
11 A. Okay.
12 Q. Lieutenant, isn't it a fact that your
13 first story was that you went to the door and talked to
14 Waddell?
15 A. No, sir.
16 Q. Briefly?
17 A. No, sir.
18 Q. Exited immediately, went out in back
19 and it was from back here that you first noticed the
20 garage?
21 A. Yes, sir. I left out a step of
22 checking the garage in that initial report.
23 Q. Left out the first step, didn't you?
24 A. Well, the first step was talking to
25 Officer Waddell.
Sandra M. Halsey, CSR, Official Court Reporter
583

1 Q. Okay. Well, but instead of going back
2 through the kitchen into the garage and noticing the cut
3 mark -- do you want to read your report again?
4 A. I'll keep it up here if you want me --
5 if you're going to be referring to it.
6 Q. Well, I don't need to refer to it.
7 A. Okay.
8 Q. I mean, would you feel more
9 comfortable if you had it up there with you?
10 A. Well, if you ask me questions that I
11 am going to have to quote from it. I don't have it
12 memorized.
13 Q. Well, the bottom line, the first story
14 was that you came to the entry, made an -- once you found
15 out what had happened, you made an immediate exit, went
16 around to the backyard, and it was from this point that
17 you noticed the window, wasn't it?
18 A. No, sir, that's not what it says.
19 Q. It's not?
20 A. No, sir.
21 Q. Okay.
22 A. It says: "I went to the front door,"
23 and by that I was referring to that's how I got in the
24 house. Then it says, "I went around and checked -- after
25 conferring with Waddell, I went around and checked the
Sandra M. Halsey, CSR, Official Court Reporter
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1 backyard." I did leave out the step of going through and
2 checking the garage on that initial report. It was made
3 at around 11:30 AM that morning, and I had been up just
4 about a little over 24 hours that day. So, I forgot.
5 Q. I forgot. All right.
6 A. I left that step out.
7 Q. Yeah, you did. And, in fact, your
8 initial report you don't say anything about going inside,
9 you don't say anything about going back to the garage or
10 anything here, do you?
11 A. No, sir, I don't think there is.
12 Q. Matter of fact, in your initial
13 report, you say that you noticed the cut screen from the
14 backyard, don't you?
15 A. Well, I don't say I noticed it for the
16 first time there.
17 Q. Well, "once inside the yard I observed
18 a window on the south side of the garage open and that
19 the nylon screen had cut open -- had been cut open and
20 two large slashes."
21 A. Uh-huh. (witness nodding head
22 affirmatively.)
23 Q. Well, you're saying it here, are you
24 not?
25 A. I'm saying that I observed it from the
Sandra M. Halsey, CSR, Official Court Reporter
585

1 garage and went back around and located which window it
2 was from the backyard.
3
4 MR. DOUGLAS MULDER: Okay. I'm going
5 to offer into evidence what has been marked and
6 identified as Defendant's Exhibit No. 14.
7 MR. GREG DAVIS: No objection.
8 THE COURT: Defense Exhibit 14 is
9 admitted.
10
11 (Whereupon, the item
12 Heretofore mentioned
13 Were received in evidence
14 As Defense Exhibit No. 14
15 For all purposes,
16 After which time, the
17 Proceedings were resumed
18 As follows:)
19
20 BY MR. DOUGLAS MULDER:
21 Q. Suffice it to say, Lieutenant, there
22 was a lot going on in a hurry out there, wasn't there?
23 A. Yes, sir, there was.
24 Q. And even a trained police officer
25 under fire can make some mistakes, can't he?
Sandra M. Halsey, CSR, Official Court Reporter
586

1 A. Yes, sir.
2 Q. And none of our memories are perfect,
3 are they?
4 A. Mine's not.
5 Q. Okay.
6
7 MR. DOUGLAS MULDER: I believe that's
8 all I have.
9 THE COURT: Mr. Davis.
10
11
12 REDIRECT EXAMINATION
13
14 BY MR. GREG DAVIS:
15 Q. Lieutenant Walling, let me ask you:
16 You had mentioned during your testimony that you were
17 present during the testing of the security light of the
18 backyard; is that correct?
19 A. Yes, sir, it is.
20 Q. And I believe you testified that your
21 job that night was to determine how long that security
22 light --
23
24 THE COURT: All right. Gentlemen, no
25 stage whispers, please.
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587

1 Thank you. We'll continue. Let's
2 calm the stage whispers down.
3 Mr. Davis. Go ahead.
4 MR. GREG DAVIS: Yes, sir.
5
6 BY MR. GREG DAVIS:
7 Q. Now, did you, in fact, on the date
8 that you went out there to the residence, determine how
9 long that security light would remain on, once it was
10 activated?
11 A. Yes, sir.
12 Q. Could you tell the members of the jury
13 how long that light will stay on once it's activated out
14 there at 5801 Eagle Drive?
15 A. Approximately 18 minutes.
16 Q. Okay. And it took you approximately
17 how long from the time you got that call that evening to
18 the time that you entered the backyard? Was it less than
19 18 minutes?
20 A. Yes, sir, a great deal less.
21 Q. Just a couple of questions about the
22 interior of the house. The family room, where the
23 children were initially, is that carpeted?
24 A. Yes, sir.
25 Q. Okay. How about the flooring in the
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588

1 kitchen and the utility room. Are they also carpeted or
2 do they have a different flooring?
3 A. No, sir, it was vinyl flooring.
4 Q. Some sort of linoleum?
5 A. Yes, sir.
6 Q. During the time that you were having
7 this conversation with the defendant on the porch, did
8 you have any difficulty understanding what she was trying
9 to say to you?
10 A. No, sir, I didn't.
11 Q. Did it appear to you that she was
12 having any problems understanding what information you
13 wanted from her?
14 A. No, sir.
15 Q. Was there any hesitation on her part
16 in providing the information that you asked for out there
17 on the porch?
18 A. Well, no, sir, other than she was
19 being seen by the paramedics and I was getting in when I
20 could.
21 Q. Okay. You asked a question and she
22 gave you the information?
23 A. Yes, sir.
24 Q. The den -- the family room that you
25 went into initially, Lieutenant Walling, when you went
Sandra M. Halsey, CSR, Official Court Reporter
589

1 back, did you go back into that room sometime after 6:00
2 AM with the crime scene team?
3 A. Yes, sir.
4 Q. Lieutenant Walling, let me use this
5 pointer. Looking at State's Exhibit No. 11-B, do you
6 recognize that to be a photograph of the family room?
7 A. Yes, sir.
8 Q. Okay. There's an object up here
9 toward the top of the photograph that appears to be
10 sitting sort of between this sofa here and the big screen
11 television. Do you see this, sir?
12 A. Yes, sir, I do.
13 Q. What is that?
14 A. It's a lar