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
Sandra M. Halsey, CSR, Official Court Reporter
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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
576

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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577

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
Sandra M. Halsey, CSR, Official Court Reporter
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 large metal cat cage.
15 Q. Okay. Now, when you went in there to
16 do the walk-through of that residence, was there anything
17 in that cage?
18 A. There was a large cat.
19 Q. Did you have any opportunity that
20 morning to go anywhere over there near this cat cage,
21 sir?
22 A. Yes, sir, I did.
23 Q. Tell the members of the jury what
24 happened when you went over into the area of the room
25 close to this cat cage.
Sandra M. Halsey, CSR, Official Court Reporter
590

1 A. When I got within three to four feet
2 from the cage the cat came to life and started bouncing
3 off the walls, the sides of the cage. It scared me.
4 Q. Okay.
5 A. I didn't know there was a cat in there
6 at the time.
7 Q. Okay. When it was bouncing, could you
8 hear it?
9 A. Yes, sir.
10
11 MR. GREG DAVIS: I'll pass the
12 witness, your Honor.
13 MR. DOUGLAS MULDER: I just have one
14 last thing.
15
16
17 RECROSS EXAMINATION
18
19 BY MR. DOUGLAS MULDER:
20 Q. Is it your testimony today under oath
21 that the only notes that you took out there that were in
22 the whip-out book page that I showed you, is it just a
23 coincidence that those notes correspond with what you
24 said under oath, the gist of your conversation was, or
25 the substance of your conversation was in August?
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1 Is that just a coincidence?
2 A. No.
3
4 MR. DOUGLAS MULDER: Do you want me to
5 ask that again?
6 MR. GREG DAVIS: Ask that again,
7 please.
8
9 BY MR. DOUGLAS MULDER:
10 Q. Okay. You were asked the substance of
11 your conversation and you said, "I asked for a
12 description, and she told me dark colored ball cap, black
13 shirt and blue jeans, and the conversation lasted less
14 than 30 seconds."
15 Is it -- my question to you now: Is
16 it just a coincidence that that corresponds with the
17 notes that you took in your whip-out book? Is that just
18 a coincidence?
19 A. Well --
20 Q. I mean, that's your whip-out book.
21 You didn't say anymore at the time when you were asked
22 the substance of the conversation and your whip-out book
23 doesn't show anymore than that. Is that just a
24 coincidence? If it is, I'll write it down. If it's
25 not --
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1 A. Well, is it a coincidence that -- I'm
2 not quite sure that I follow you. I mean, is it a
3 coincidence that I -- at the time that I didn't tell
4 about my conversation with her about asking her what
5 happened?
6 Q. Yes. Is that just a coincidence?
7 A. No, I forgot that.
8 Q. Okay. And you forgot to make any
9 notes of that, too, didn't you?
10 A. About what now?
11 Q. That you asked her anything else. You
12 didn't make any other notes about that in your whip-out
13 book?
14 A. No, those are the only notes I made,
15 yes, sir.
16 Q. In your whip-out book?
17 A. Yes, sir.
18 Q. Okay.
19
20 MR. DOUGLAS MULDER: I believe that's
21 all.
22
23
24
25
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1 REDIRECT EXAMINATION
2
3 BY MR. GREG DAVIS:
4 Q. Lieutenant Walling, just a couple of
5 things. Do you recall Mr. Mulder asking you about
6 whether in your initial report that you had noted that
7 you had gone through the house with Officer Waddell to
8 check the garage before exiting to go around to the
9 backyard?
10 A. Yes, sir, I do.
11 Q. Sir, in this case did you prepare a
12 supplemental report?
13 A. Yes, sir, I did.
14 Q. Is that an unusual procedure?
15 A. No, sir.
16
17 MR. GREG DAVIS: May I approach your
18 Honor?
19 THE COURT: You may.
20
21 BY MR. GREG DAVIS:
22 Q. Let me show you one of the pages that
23 was marked for identification purposes only as
24 Defendant's Exhibit No. 16. If you would, if you will
25 review the first paragraph of that supplemental report.
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1 A. Okay.
2 Q. First of all, when did you make this
3 supplemental report. Do you recall?
4 A. Either a day or two later. The date
5 will be on the second sheet.
6 Q. Okay.
7 A. I believe it was two days later.
8 Q. All right. And let me just ask you
9 whether or not in this supplemental report that you
10 prepared -- let me just show you another -- this is
11 investigator supplemental report. That may refresh your
12 memory as to the date that you prepared the supplement.
13 A. This is the first one.
14 Q. All right. That's the first one?
15 A. Yes, sir.
16 Q. All right. So sometime after June
17 6th, you prepared a supplemental report. Correct?
18 A. Yes, sir.
19 Q. Tell the members of the jury whether
20 or not in your supplemental report whether or not you
21 noted that you and Officer Waddell checked the garage for
22 the suspect.
23 A. Yes, sir, I did.
24 Q. Okay. And would you tell the members
25 of the jury whether or not you noted in your supplemental
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1 report that you noticed the tear in the window screen as
2 you were checking the garage before going outside.
3 A. Yes, sir. That's what this
4 supplemental report says.
5 Q. Isn't that the purpose of the
6 supplemental report?
7 A. Yes, sir, to correct anything that I
8 might have forgot or got out of place.
9 Q. Okay.
10
11 MR. GREG DAVIS: No further questions.
12 MR. DOUGLAS MULDER: I believe that's
13 all we have too. Thank you.
14 THE COURT: You may step down.
15 Your next witness.
16 MR. GREG DAVIS: Yes, sir. At this
17 time we'll call Sergeant Dean Poos.
18 MR. DOUGLAS MULDER: We have no
19 objection to Lieutenant Walling --
20 MR. GREG DAVIS: Waddell also. If you
21 have a problem, we can get him back if you need him.
22 THE COURT: All right.
23 MR. DOUGLAS MULDER: I agree that they
24 may be excused if they need to be back.
25 THE COURT: Excused. Subject to
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1 recall.
2 All right. Have a seat right there,
3 please, sir.
4 All right, Mr. Davis.
5
6
7 Whereupon,
8
9 SERGEANT DEAN POOS,
10
11 was called as a witness for the State of Texas, having
12 been first duly sworn by the Court to speak the truth,
13 the whole truth, and nothing but the truth, testified in
14 open court, as follows:
15
16 DIRECT EXAMINATION
17
18 BY MR. GREG DAVIS:
19 Q. Sir, would you please tell the members
20 of the jury your full name.
21 A. Sergeant Dean Poos.
22 Q. How are you employed?
23 A. I'm the communications and records
24 supervisor, the computer system administrator and public
25 information officer for the Rowlett Police Department.
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1
2 THE COURT: Would you spell your last
3 name?
4 THE WITNESS: P, as in Paul, O-O-S, as
5 in Sam.
6
7 BY MR. GREG DAVIS:
8 Q. Okay. Sergeant Poos, how long have
9 you been a member of the Rowlett Police Department?
10 A. Approximately seven years, sir.
11 Q. Directing your attention back to June
12 the 6th of 1996. What were your duties at that time?
13 A. As stated, I was a public information
14 officer, communications and record supervisor and
15 computer system administrator.
16 Q. Are you familiar with an individual by
17 the name of Janis Brooks Bloom?
18 A. Yes, sir, I am. She's a
19 communication's officer that works for me.
20 Q. Okay. Does she work as a dispatcher
21 there?
22 A. Yes, sir. We call them communication
23 officers.
24 Q. All right. In your capacity over the
25 communication's division, do you have care, custody and
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1 control of certain tapes that are made by dispatchers
2 there?
3 A. I do, sir.
4 Q. If you could, just in general, if you
5 could, describe for the members of the jury how the
6 communications are recorded out there in Rowlett.
7 Let's say, if I'm a dispatcher and I
8 need to call the fire department on an emergency, or if I
9 need to talk with the police officers in the field, how
10 would that be done in Rowlett and how would you record
11 those conversations?
12 A. At that time we had what's called a
13 10-channel Dictaphone play-back unit. It's just a big
14 tape recorder. In fact, the 10 channels that were
15 recorded were all of the 911 phones that came into the
16 dispatch center, the business phones and the police and
17 fire radio channels. Those tapes were active and live,
18 if you will, 24 hours a day. So, any calls coming across
19 on any of those phone circuits or radio channels would
20 have been recorded on to the tapes.
21 Q. Are you familiar with the 911 call
22 that was received by the Rowlett Police Department from
23 Darlie Lynn Routier?
24 A. Yes, sir, I am.
25 Q. And, is it your understanding that
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1 Janis Brooks Bloom was the communications officer at that
2 time?
3 A. That's correct, sir.
4 Q. Was she working by herself or with
5 someone else that morning?
6 A. She was the only communications
7 officer on duty at that time. There was a jailer in the
8 communications area that was trying to assist her as
9 needed.
10 Q. Do you remember what his name was?
11 A. Clint Praslicka.
12
13 THE WITNESS: And I can't spell that
14 for you, ma'am, I'm sorry.
15
16 BY MR. GREG DAVIS:
17 Q. All right. Was a recording made of
18 that 911 call, sir?
19 A. It was, sir.
20 Q. And, was that recording preserved by
21 the Rowlett Police Department?
22 A. Yes, sir.
23 Q. Have you had that recording in your
24 possession since that date?
25 A. Yes, sir, I took custody of it and
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1 handled it as evidence.
2
3 MR. GREG DAVIS: May I approach, your
4 Honor?
5 THE COURT: You may.
6
7 (Whereupon, the following
8 mentioned item was
9 marked for
10 identification only
11 as State's Exhibit 18,
12 after which time the
13 proceedings were
14 resumed on the record
15 in open court, as
16 follows:)
17
18
19 BY MR. GREG DAVIS:
20 Q. Sergeant Poos, I'm going to show you
21 what has been marked as State's Exhibit 18, ask you
22 whether or not you recognize this to be the original
23 recording of the 911 tape that came to Rowlett from the
24 defendant in this case, sir?
25 A. Yes, sir, it appears to be.
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1 Q. This is on a -- I take it on some sort
2 of reel to reel basis; is that correct?
3 A. Correct, sir.
4
5 MR. GREG DAVIS: Your Honor, at this
6 time we'll offer State's Exhibit No. 18.
7 THE COURT: Any objection?
8 MR. RICHARD C. MOSTY: No, your Honor.
9 THE COURT: State's Exhibit No. 18 is
10 admitted.
11
12 (Whereupon, the item
13 Heretofore mentioned
14 Was received in evidence
15 As State's Exhibit No. 18
16 For all purposes,
17 After which time, the
18 Proceedings were resumed
19 As follows:)
20
21
22 BY MR. GREG DAVIS:
23 Q. Just so I'm clear on that evening,
24 were you on duty up there at the police station at 2:30
25 a.m.?
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1 A. No, sir, I was at home. I was called
2 by Communications Officer Brooks when the situation broke
3 and I came in shortly thereafter.
4 Q. But as far as taking part in any of
5 the recordings that are on that tape 18, on the 911, you
6 didn't actually, personally take part in any of the
7 recordings yourself, did you?
8 A. No, sir. The machine is automated, it
9 was running. My voice may be on there as I got there
10 shortly thereafter and began working on the telephones.
11 So, that was my involvement.
12 Q. All right.
13
14 MR. GREG DAVIS: No further questions.
15 THE COURT: Anything?
16
17
18 CROSS EXAMINATION
19
20 BY MR. RICHARD MOSTY:
21 Q. Mr. Poos, you say that you have a
22 10-channel communications system. What does that tell
23 me?
24 A. At the time that this happened, we had
25 a 10-channel Dictaphone tape logger unit, that would be,
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1 I guess, the technical term model number. That means we
2 had 10 available channels for recording. Some of those
3 channels were telephone lines. Some of them were 911
4 phone lines, which are separate and distinct from the
5 business lines in our building. And then, some of them
6 were radio channels for our police and fire units.
7 Q. Okay. So, for instance, if you had
8 two or three 911 calls come in at once, you had the
9 capacity to take all of them?
10 A. Yes, sir.
11 Q. Okay. And, it sounds like a fairly
12 sophisticated system?
13 A. No, sir. As a matter of fact, that
14 particular unit was over 10 years old, and we had
15 problems with it at some point, and it's been replaced.
16 Q. But it is able to pick up the
17 communications from the other end, from the caller?
18 A. Yes, sir.
19 Q. And, as a matter of fact it was
20 sensitive enough to pick up communications of a person
21 other than the person on the phone. If there are other
22 people in the background, it picks up those as well,
23 doesn't it?
24 A. You can telephone off hook, whatever
25 the microphone there would pick up could get to the tape
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604

1 if it was loud enough.
2 Q. Okay. So anybody who's standing
3 around talking while the person is on the phone could
4 also be picked up?
5 A. Correct, sir.
6 Q. And, in fact, in this case they were,
7 weren't they?
8 A. Yes, sir.
9 Q. So all the communications of the
10 person that's actually on the phone are on the tape.
11 Correct?
12 A. Yes, sir. Whatever would get to the
13 microphone, that was sensitive enough or strong enough to
14 get on the tape, would have made it across the open line.
15 Q. In fact, on this tape you have had it
16 enhanced, haven't you?
17 A. I haven't done anything to it, sir. I
18 don't know.
19 Q. You don't know what's happened to it?
20 A. I've had -- it's been turned into
21 evidence. How it was processed prior to this trial, I'm
22 not really aware of.
23 Q. Well, have you reviewed the transcript
24 of it?
25 A. I made a transcript myself of it, sir.
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1 Q. Okay. Have you reviewed the latest
2 enhanced transcript of it?
3 A. I have seen it. The transcript.
4 Q. Then you know that there are other
5 people on that tape, don't you?
6 A. Yes, sir.
7 Q. And you know, for instance, the
8 officers are on the tape?
9 A. Yes, sir.
10 Q. And the instructions that they're
11 giving to Darlie Routier are on that tape?
12 A. Yes, sir.
13 Q. And, matter of fact, the tape has
14 Darlie Routier having conversations with her husband, and
15 having conversations with the officer, talking to her
16 children, and talking to the communications officer.
17 She's talking to all four of those people at the same
18 time, isn't she?
19 A. I don't recall her talking to the
20 children. Again, I don't recall is my statement to that,
21 but that may be correct. She's talking to several people
22 at the same time, yes, sir.
23 Q. Well, for instance, did she say,
24 "Devon, no. Oh my God." Do you remember her saying
25 things like that?
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1 A. There was a whole lot of that going
2 on, sir, I can't remember that specific comment.
3 Q. She was talking about, "Hold on, baby.
4 Baby, hold on"?
5 A. Yes, sir.
6
7 MR. GREG DAVIS: I'm sorry. I'm going
8 to have to object to that being read, it's not in
9 evidence.
10 THE COURT: Sustained.
11 MR. RICHARD C. MOSTY: Well, I'm
12 asking him if he remembers that on the tape.
13
14 BY MR. RICHARD C. MOSTY:
15 Q. You remember that on the tape, don't
16 you?
17 A. I remember comments to that effect,
18 yes, sir.
19 Q. Her saying, "Oh my God, my children
20 are dying."
21 A. Correct.
22 Q. "Hang on baby"?
23 A. Yes, sir.
24 Q. Okay. "Hold on baby."
25
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1 MR. GREG DAVIS: I'm sorry, I've got
2 to object again, he's clearly reading the document.
3 THE COURT: Sustained. Let's --
4
5 BY MR. RICHARD MOSTY:
6 Q. Well, I'm asking: Do you remember
7 that? Do you remember, "Hold on, baby"? Her saying,
8 "Hold on, baby"?
9 A. Well, there was a lot of stuff on that
10 tape, sir, as you're well aware. And without the
11 transcript in front of me that I made, there were
12 comments similar to that made, sir, yes.
13 Q. And do you remember comments like, "My
14 God, when's the ambulance going to get here"?
15 A. Again, specifically I'm not going to
16 be able to answer that. Comments similar to that were
17 made, yes, sir.
18 Q. Okay. I'm just asking you similar.
19 There's questions of talking about my baby and there's
20 screaming and there's, "When is the ambulance going to
21 get here?" All of those things are on the tape that Miss
22 Routier is doing, isn't it?
23 A. Yes, sir.
24 Q. So it's fair to say she was talking to
25 her children, wasn't she?
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1 A. I don't know who she's talking to,
2 sir, but there was a lot of conversation going on.
3 Q. And matter of fact, the dispatch
4 officer, during this same time, she's having several
5 conversations with not only Mrs. Routier, but various,
6 either paramedics or police officers who are in route to
7 the scene?
8 A. Yes, sir.
9 Q. Okay.
10
11 MR. RICHARD C. MOSTY: That's all.
12 MR. GREG DAVIS: No further questions,
13 your Honor.
14 THE COURT: All right. You may step
15 down.
16 Your next witness.
17 MR. GREG DAVIS: The State will call
18 Barry Dickey.
19 THE COURT: Barry Dickey.
20 Were you sworn in yesterday, sir?
21 THE WITNESS: Yes, sir.
22 THE COURT: Have a seat right here,
23 please.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
609

1 Whereupon,
2
3
4 BARRY DICKEY,
5
6 was called as a witness, for the State of Texas, having
7 been first duly sworn by the Court to speak the truth,
8 the whole truth, and nothing but the truth, testified in
9 open court, as follows:
10
11
12 DIRECT EXAMINATION
13
14 BY MR. GREG DAVIS:
15 Q. State your name.
16 A. My name is Barry Gene Dickey,
17 D-I-C-K-E-Y.
18 Q. Okay. Sir, how old a man are you?
19 A. 32 years old.
20 Q. Married?
21 A. Yes, I am.
22 Q. Children?
23 A. Yes, I have.
24 Q. How many children?
25 A. One.
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1 Q. Okay. What's the child's age?
2 A. Five years old.
3 Q. Boy or girl?
4 A. Boy.
5 Q. All right. Let me ask you: How are
6 you employed at this time?
7 A. I'm president of Graffiti Productions
8 Incorporated.
9 Q. All right. Can you tell us what does
10 Graffiti Productions do?
11 A. Well, we specialize in the production,
12 engineering, composition of music, of audio recordings.
13 Q. Okay. If I'm a musical artist then, I
14 come into your studio, and you do the recording for me?
15 A. Yes, sir.
16 Q. All right. Are there other things
17 that you do there besides just record music?
18 A. Yes. We produce jingles for music.
19 Like you would see Burger King's jingles, industrial
20 spots, short film clips like you would see on the
21 Discovery Channel, and so forth like that.
22 Q. Can you tell us a little bit about
23 your educational and your professional background before
24 you started up Graffiti Productions?
25 A. Yes. Basically, graduated from high
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1 school, received the physics award. Attended University
2 of Texas at Arlington for two years under electrical
3 engineering degree. And basically, after that, worked
4 under a company called Sound Concepts, in which I
5 produced, arranged, composed, processed, and I think at
6 that time I was responsible for some business activities.
7 After that, I was with True Colors
8 Recording Studios. This was from -- I was with Sound
9 Concepts from '84 until '86. From the years of '86 until
10 '89 I was with True Colors Recording Studios, basically
11 doing the same thing.
12 Q. Okay. Then, have you been in the
13 recording business then around 12 years?
14 A. Yes, I have.
15 Q. Now, at Graffiti Productions, would it
16 be fair to say that you have -- you have a lot of
17 equipment out there I take it?
18 A. Yes, sir.
19 Q. Okay. Do you have a sound board where
20 you control the sound for the recordings?
21 A. Yes. We have a variety of gear for
22 not only processing, but for maintaining a clear and
23 consistent signal that doesn't degrade any of the
24 original recordings in anyway.
25 Q. Do you have a computer system out
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1 there also?
2 A. Yes. We have several different
3 digital audio work stations. These are used for a
4 variety of purposes. But basically what it is, they
5 maintain audio in its purest form so that there's no
6 degradation. No matter how many times you listen to
7 something, it does not wear down.
8 Whereas, with analog tape, any time
9 that you listen to it, as the heads contact the tape,
10 they wear off part of the surface of the tape. And it
11 will degrade the recording after listening to it for a
12 certain amount of time. Whereas with the digital work
13 stations, there's none of this.
14
15 MR. GREG DAVIS: Let me approach, if I
16 may, your Honor.
17 THE COURT: You may.
18
19 BY MR. GREG DAVIS:
20 Q. Mr. Dickey, let me show you what has
21 been admitted into evidence as State's Exhibit No. 18.
22 Do you recognize this, sir?
23 A. Yes, I do.
24 Q. Okay. Did I ask you to make a copy of
25 State's Exhibit 18 at some point?
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1 A. Yes, you did.
2 Q. Now, State's Exhibit 18, does that use
3 certain equipment that's produced by Dictaphone?
4 A. Yes, it is.
5 Q. All right. When you made your copy,
6 did you use Dictaphone equipment, or did you make a copy
7 that could be listened to, or analyzed on different
8 equipment?
9 A. I used Dictaphone's equipment to
10 actually play back the tape, and it was actually
11 transferred to a DAT tape, which is a digital audio tape.
12 It's newer technology.
13 Q. Okay. So, I mean, I take it, there's
14 kind of two worlds. You've got this analog world.
15 Right?
16 A. Yes, sir.
17 Q. Which is kind of the old world?
18 A. Yes.
19 Q. But State's Exhibit 18, is that
20 analog?
21 A. Yes, it is.
22 Q. All right. And then you've got this
23 newer world, which is digital. Correct?
24 A. Yes, sir.
25 Q. And digital, you can play it a million
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1 times and the millionth time it sounds just as good as
2 the first time. Right?
3 A. Yes, sir.
4 Q. Analog, if you play it over and over,
5 I guess, it deteriorates with use. Right?
6 A. Yes. Each time that you run the tape
7 past the head, you have some degradation of the tape.
8 Q. Okay. Now, at the time that I first
9 contacted you in this case, had you and I ever spoken
10 with each other before?
11 A. No, we hadn't.
12 Q. Had you ever done any work for the
13 Dallas County District Attorney's Office before?
14 A. No, I have not.
15 Q. All right.
16 A. Nor has my company.
17 Q. All right. Do you have experience in
18 making DAT copies of audio tapes?
19 A. Yes. We have used -- we have
20 transferred and saved libraries. Digital libraries that
21 we have made for other companies. Since the year 19 -- I
22 guess, '89, to 1990. We have preferred this format.
23 Q. Okay.
24
25 MR. GREG DAVIS: May I approach again,
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1 your Honor?
2 THE COURT: You may.
3
4 (Whereupon, the following
5 mentioned item was
6 marked for
7 identification only
8 as State's Exhibit 18-B,
9 after which time the
10 proceedings were
11 resumed on the record
12 in open court, as
13 follows:)
14
15
16 BY MR. GREG DAVIS:
17 Q. Mr. Dickey, let me show you what has
18 been marked as State's Exhibit 18-B. If you would, take
19 a look at that and tell us whether or not you recognize
20 that, sir.
21 A. Yes. This is the tape that I made
22 from the Rowlett Police Department, which I transferred
23 it from the analog deck into a Sony deck that we use.
24 And it has my handwriting, signifying that it is the 911
25 call from the Rowlett Police Department.
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1 Q. Let me just ask you: Concerning
2 State's Exhibit 18-B, sir, did you -- when you took
3 State's Exhibit 18, and you made the copy of 18-B, did
4 you alter the contents of this tape 18 in any fashion
5 while making State's Exhibit 18-B?
6 A. No, I did not in any fashion
7 whatsoever.
8 Q. Okay. Is State's Exhibit 18-B a true,
9 and exact copy, digital copy of State's Exhibit 18?
10 A. Yes, it is.
11 Q. All right. The only difference being
12 this is in digital form, State's Exhibit 18-B, and 18 is
13 in the analog form; is that right?
14 A. Yes. But there is no difference in
15 the information contained in each of the recordings.
16 It's strictly just on a different format.
17
18 MR. GREG DAVIS: Okay. Your Honor, at
19 this time we'll offer into evidence State's Exhibit 18-B.
20 MR. RICHARD C. MOSTY: No objection.
21 THE COURT: State's Exhibit 18-B is
22 admitted.
23
24 (Whereupon, the above
25 mentioned item was
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1 received in evidence
2 as State's Exhibit Number
3 18-B, for all purposes
4 after which time,
5 the proceedings were
6 resumed on the record,
7 as follows:)
8
9 BY MR. GREG DAVIS:
10 Q. Now, Mr. Dickey, in order to play
11 State's Exhibit 18-B, would you have to have what you
12 call a DAT player?
13 A. Yes, you would.
14 Q. So, this isn't something we just put
15 into a cassette player like we might have. You have to
16 have a special machine for that. Right?
17 A. Yes, sir.
18 Q. All right. Now, did I ask you after
19 you had made your DAT copy, State's Exhibit 18-B, did I
20 ask you to analyze the content of the conversation of the
21 911 call that is contained on State's Exhibit 18-B?
22 A. Yes, you did.
23 Q. All right. And, did I ask you to
24 attempt to pull up any and all conversations that may be
25 contained on 18-B?
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1 A. Yes, you did.
2 Q. And, did you, in fact, do that?
3 A. Yes, I did.
4 Q. Now, if you could, if you could
5 briefly describe for the members of the jury how you went
6 about analyzing State's Exhibit 18-B. What equipment did
7 you use, the process, just as briefly as you can, how you
8 went about that analysis, sir?
9 A. Okay. Basically, there are several
10 different software programs, software combined with
11 hardware that conform to a variety of computers out
12 there.
13 Now, what we use is called the Sonic
14 Solution System. It is a very high-quality-end system.
15 It actually -- let me put it this way: It measures the
16 noise -- one of the things I did was, you can measure the
17 noise. If you've ever recorded like on just a handheld
18 recorder or something, and you played it back, you're
19 familiar with the hiss that comes off of the tape.
20 What our software does is, it analyzes
21 this hiss, this exterior noise that is just part of the
22 recording, and it will actually remove that without
23 changing any of the material, the information that is
24 contained on that tape. Therefore, lowering the noise
25 floor makes sounds that were covered up in the noise
Sandra M. Halsey, CSR, Official Court Reporter
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1 floor all of a sudden hearable, so that you can --
2 they're audible to you. And, when you play it back you
3 can hear things that normally you would not hear on the
4 analog recording.
5 Q. Okay. So, do I understand you to say
6 basically you're trying to eliminate the background noise
7 to get down to the conversations; is that right?
8 A. Yes, sir. And --
9 Q. Okay.
10 A. And, on top of that, there are several
11 other applications that we do. There's an application
12 called band-stop filters, in which we eliminate a whole
13 spectrum of frequencies in order to isolate where the
14 voice is focused at.
15 In other words, most of the telephone
16 lines focus the voice at about one kilohertz, 1-K, and
17 that's what the phone system actually operates at, as far
18 as the human voice. That's what gets transferred the
19 most of.
20 So, the more of that you have compared
21 to the other frequencies, the less background noise you
22 pick up.
23 Q. Okay. And, let me just ask you a
24 couple of questions here: You, in fact, did that, and
25 did you, after you had run this DAT tape through the
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1 computer and the software programs that you had, did you
2 then transfer that to another medium?
3 A. Yes.
4 Q. And did you, in fact, transfer what
5 you had been able to filter through to a laser disk?
6 A. Yes.
7 Q. Okay.
8 A. Yes, I did.
9
10 (Whereupon, the following
11 mentioned item was
12 marked for
13 identification only
14 as State's Exhibit 18-C,
15 after which time the
16 proceedings were
17 resumed on the record
18 in open court, as
19 follows:)
20
21
22 BY MR. GREG DAVIS:
23 Q. And let me just show you then State's
24 Exhibit 18-C and ask you whether or not State's Exhibit
25 18-C is, in fact, the laser disk that you produced after
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621

1 running that tape through your computer using your
2 software?
3 A. Yes, it is.
4 Q. And let me just make sure it's 18-C.
5 Did it alter any of the contents of that DAT tape?
6 A. No, it did not. There is the original
7 recording on there, and there is also a very, very
8 slightly processed recording. But in both cases we
9 checked for what would be referred to as artifacts.
10 Which artifacts are something that if we use too much
11 processing, it might generate some audible or unheard
12 noise that wasn't generally there. And we have to
13 reference that against the original recordings.
14 Q. Okay. So, you didn't change the
15 conversations? You didn't add to the conversations; is
16 that correct?
17 A. No. Not in any form or any way.
18 Q. Even in the processed portion; is that
19 right?
20 A. Yes, sir, that is right.
21 Q. Okay. So this, just to make it clear,
22 we have a purely audio version of that 911 tape on this;
23 is that correct?
24 A. Yes, sir.
25 Q. Then we have a processed audio version
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1 that also has a video transcript of that conversation.
2 Is that also correct?
3 A. Yes, you do.
4 Q. And they're both true and correct
5 copies of this DAT tape; is that also correct, sir?
6 A. Yes, sir, they are.
7
8 MR. GREG DAVIS: Your Honor, at this
9 time we'll offer State's Exhibit 18-C
10 MR. RICHARD C. MOSTY: No objection.
11 THE COURT: State's Exhibit 18-C is
12 admitted.
13
14 (Whereupon, the item
15 Heretofore mentioned
16 Was received in evidence
17 As State's Exhibit No. 18-C
18 For all purposes,
19 After which time, the
20 Proceedings were resumed
21 As follows:)
22
23 THE COURT: Ladies and gentlemen, by
24 agreement, we're going to begin by breaking about this
25 time for lunch for reasons already explained to the jury.
Sandra M. Halsey, CSR, Official Court Reporter
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1 If you'll be back at 10 minutes after 1:00, please.
2
3 (Whereupon, a short
4 recess was taken,
5 after which time,
6 the proceedings were
7 Resumed on the record,
8 in the presence and
9 hearing of the defendant
10 but outside the presence
11 of the jury,
12 as follows:)
13
14
15 THE COURT: All right. Let the record
16 reflect that these proceedings are being held outside the
17 presence of the jury and all parties in the trial are
18 present.
19 MR. RICHARD C. MOSTY: The video
20 portion of this does not have a complete statement of
21 everyone who's talking. For instance, it does not have
22 the operator on it, who is the communications officer,
23 who says, for instance, "Don't touch anything."
24 She said, "I touched a knife." And we
25 don't think that that's a fair portrayal when they've
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1 only taken half of the conversation, or the responses
2 that are coming from the other end without having all of
3 the transcript.
4 In the transcript we have, which the
5 State provided, and appears to follow this, has
6 everything in it and not just Mrs. Routier.
7 THE COURT: All right. So you're
8 objecting to this being shown to the jury.
9 MR. RICHARD C. MOSTY: I'm objecting
10 to the video transcript being shown to the jury. The
11 State has a written transcript, which I presume that they
12 will also offer, and we could have the jury -- if the
13 question is, to make sure the jury does it, the jury can
14 follow along with the written transcript which has
15 everything on it and is a complete rendition.
16 THE COURT: All right. Overruled. Be
17 seated, please.
18 MR. RICHARD C. MOSTY: Mr. Hagler
19 might want to add something.
20 THE COURT: Oh, by all means.
21 MR. JOHN HAGLER: All right. Judge, I
22 have one thing to add. The transcript, which is a
23 complete transcription of the tape, as opposed to the
24 video, which takes out portions of it, which places undue
25 emphasis on certain portions of the statements made
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1 during the tape is misleading, and potentially confusing
2 to the jurors, as the true nature of the 911
3 conversation.
4 For that reason we would ask that the
5 testimony be limited to the transcript itself, as opposed
6 to the confusing and unduly prejudicial video.
7 THE COURT: All right. Overruled. We
8 will show the video to the jury.
9 Is the jury ready to come in, Bailiff?
10 THE BAILIFF: Yes.
11 THE COURT: All right. Let's bring
12 the jury in, please.
13
14 (Whereupon, the jury
15 Was returned to the
16 Courtroom, and the
17 Proceedings were
18 Resumed on the record,
19 In open court, in the
20 Presence and hearing
21 Of the defendant,
22 As follows:)
23
24 THE COURT: All right. Let the record
25 reflect that all parties in the trial are present and the
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1 jury is seated.
2 All right, Mr. Davis, you may
3 continue.
4 MR. GREG DAVIS: Thank you.
5
6
7 DIRECT EXAMINATION (Resumed)
8
9 BY MR. GREG DAVIS:
10 Q. Sir, again, your name is Barry Dickey.
11 Correct?
12 A. Yes, sir, it is.
13 Q. And you were testifying before lunch
14 before we took the break; is that right?
15 A. Yes, I was.
16 Q. Mr. Dickey, let me talk to you again
17 about the laser disk just for a moment, some of the
18 things we're going to see on that laser disk. Now,
19 there's a portion of that disk which contains a video
20 transcript of the 911 call; is that correct?
21 A. That's correct.
22 Q. Now, on that do we identify who is
23 speaking by certain abbreviations?
24 A. Yes, there are.
25 Q. All right. For instance, do we have
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1 the female caller identified as FC?
2 A. Yes, it is.
3 Q. And do we have a male caller
4 identified as MC?
5 A. Yes, he is.
6 Q. Do we have background voice identified
7 by BV?
8 A. Yes, it is.
9 Q. Do we have police officer at the scene
10 identified by PO?
11 A. Yes, he is.
12 Q. And lastly, do we have sounds
13 individually defined shown by the abbreviation SND?
14 A. Yes, it is.
15 Q. And as we watch this video tape, these
16 voices, and let me just ask you: Are they color coded
17 also?
18 A. Yes, they are.
19 Q. For instance, as the female caller is
20 speaking, will we see her dialogue highlighted in green?
21 A. Yes, it is.
22 Q. All right. So female caller will be
23 green?
24 A. Green.
25 Q. The male caller, will his dialogue be
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628

1 highlighted by the color orange?
2 A. Yes, it is.
3 Q. The background voice, will that be
4 shown as red?
5 A. Yes, it is.
6 Q. The police officers, will that be
7 shown in blue?
8 A. Yes, it is.
9 Q. And finally, will the sounds
10 individually defined be shown in the color purple?
11 A. Yes, they are.
12 Q. Now, there are other voices that
13 you'll hear on this video transcript in addition; is that
14 right?
15 A. Yes, you will.
16 Q. Will that be the communications
17 officer 1, the communications officer 2 and the police
18 and fire radio channels?
19 A. Yes.
20 Q. Will their dialogue actually be shown
21 on the video transcript?
22 A. No, the dialogue does not appear.
23 Q. All right. The dialogue that we will
24 actually see on the screen, will that be then the sounds
25 and the voices that are coming from 5801 Eagle Drive?
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1 A. Yes, they are.
2 Q. Although we'll still be able to hear
3 the dispatcher, radio traffic, et cetera. Correct?
4 A. Yes, sir.
5 Q. Now, let me just ask you: On this
6 laser disk, in order to access this information, have we
7 prepared some bar codes like you might see at the
8 Albertsons or HEBs?
9 A. Yes, they are.
10 Q. Same kind of thing found on a can of
11 tomatoes, and you scan over that and it reads it. Right?
12 A. Yes. As you scan it, it scans the
13 beginning of each bar code section that has been marked.
14 Q. Okay. And we've got bar codes, do we
15 not, for the portion of this laser that just simply has
16 sound, correct?
17 A. Yes.
18 Q. So that if anyone wanted to play just
19 the portion that has the sound without the video
20 transcript, they could just simply read off of that bar
21 code. Right?
22 A. Yes, they could.
23 Q. Then do we not have another bar code
24 where if somebody wanted to see the entire video
25 transcript with the sound, they just simply read that bar
Sandra M. Halsey, CSR, Official Court Reporter
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1 code. Right?
2 A. Yes, they would, and they are marked
3 on the bar codes.
4 Q. Right. And then do we not have 1, 2,
5 3, 4, 5, 6, 7 other bar codes that go to certain portions
6 of the video transcript that have the dialogue on the
7 screen?
8 A. Yes, there are.
9 Q. Okay. And these are necessary in
10 order to play this thing. Right?
11 A. Yes, they are.
12
13 MR. GREG DAVIS: May I approach, your
14 Honor?
15 THE COURT: You may.
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 as State's Exhibit 18-D,
22 after which time the
23 proceedings were
24 resumed on the record
25 in open court, as
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631

1 follows:)
2
3 BY MR. GREG DAVIS:
4 Q. Let me show you, Mr. Dickey, State's
5 Exhibit 18-D, and ask you whether or not those are, in
6 fact, the bar codes that allow us to read the laser disk.
7 A. Yes, they are.
8
9 MR. GREG DAVIS: Your Honor, at this
10 time we'll offer State's Exhibit 18-D
11 MR. RICHARD C. MOSTY: No objection.
12 THE COURT: State's Exhibit 18-D is
13 admitted.
14
15 (Whereupon, the item
16 heretofore mentioned
17 was received in evidence
18 as State's Exhibit No. 18-D
19 for all purposes,
20 after which time, the
21 proceedings were resumed
22 as follows:)
23
24 BY MR. GREG DAVIS:
25 Q. Very briefly, can you explain why
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632

1 we've limited the video dialogue on the screen to persons
2 in 5801 Eagle Drive?
3 A. Well, there were a couple of reasons.
4 The times were allotted, because of the fact that it's
5 very hard to keep up with -- there are certain sounds and
6 so forth that happen within one second of each other.
7 And so, it's very confusing.
8 The other thing is, it was my charge
9 to isolate what was coming from inside the house, not
10 necessarily in background traffic or so forth in those
11 manners from the fire or police radios. I merely
12 isolated what was coming from the house so that the
13 actions that took place in the house could therefore be
14 deciphered.
15 Q. Okay.
16
17 MR. RICHARD C. MOSTY: Your Honor,
18 prior to the State playing this, may I take the witness
19 on voir dire?
20 THE COURT: You may indeed.
21
22
23
24
25
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633

1 VOIR DIRE EXAMINATION
2
3 BY MR. RICHARD MOSTY:
4 Q. Mr. Dickey, if I understand what
5 you're proposing to show the jury is not a complete
6 transcript of what happened on this tape?
7 A. It is -- the sound is a complete
8 transcript of the tape.
9 Q. Well, the sounds. But the video, the
10 wording -- the wording that is on this screen, that would
11 appear on the screen, is not a complete transcript?
12 A. That is correct.
13 Q. And it doesn't have the officer, for
14 instance, talking to Darlie Routier?
15 A. No, it does not have the officer's
16 written response, but you can hear the audible --
17 Q. Well, I understand that, but what the
18 jury is going to be able to see does not have Darlie
19 Routier on it, does it? Does not have the officer on it,
20 does it?
21 A. Yes, it does contain a police officer.
22 Q. It has that written on the screen?
23 A. It has PO, which is the abbreviation
24 in the transcript.
25 Q. Okay. And what about the
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634

1 communication's officer. Is that on there?
2 A. No, CO1 or CO2 does not appear on
3 there.
4 Q. But you could do that, couldn't you?
5 You could have done that?
6 A. Well, it would have been -- it would
7 have scaled past at such a rate that would have not been
8 able to be followed.
9 Q. Mr. Dickey, that's not my question.
10 You could have done it, couldn't you? You could have
11 brought the jury a complete transcript of everything on
12 that screen.
13
14 MR. GREG DAVIS: I'm sorry, could I
15 ask: What's the purpose of voir dire? This sounds like
16 cross. What is the purpose of this voir dire?
17 THE COURT: Well, what is it?
18 MR. RICHARD C. MOSTY: Over the
19 admissibility of the document.
20 THE COURT: Okay. Well, answer the
21 question if you know it.
22 THE WITNESS: Could you repeat it,
23 please.
24 MR. GREG DAVIS: Excuse me, if I'm not
25 mistaken, this exhibit was admitted into evidence prior
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635

1 to us going to lunch.
2 THE COURT: It is.
3 MR. GREG DAVIS: Okay.
4 THE COURT: I'll let you ask this one
5 question, and then let's get on with it, please.
6 THE WITNESS: Could you repeat it,
7 please.
8
9 BY MR. RICHARD C. MOSTY:
10 Q. You could have put every person on
11 there, on the written word, couldn't you?
12 A. That was not my charge.
13 Q. Could you have done it?
14 A. That was not my charge.
15 Q. Do you understand the --
16
17 THE COURT: This is more in the nature
18 of cross-examination. Let's get on with it, you can
19 cover that in cross.
20
21 BY MR. RICHARD C. MOSTY:
22 Q. Well, whose suggestion was it? Whose
23 suggestion was it that you only put Mrs. Routier and what
24 was happening at the house? Was that your idea?
25
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636

1 THE COURT: All right. Thank you.
2 Please be seated. We have gone through this. This is
3 not voir dire. This is cross-examination. We will go on
4 with the tape.
5 MR. RICHARD C. MOSTY: We would renew
6 our objections that we previously made and would like to
7 go on with voir dire to develop those objections.
8 THE COURT: Thank you. Overruled.
9 Let's go ahead. Someone has got to
10 start it.
11
12 DIRECT EXAMINATION (Resumed)
13
14 BY MR. GREG DAVIS:
15 Q. Mr. Dickey --
16
17 MR. GREG DAVIS: If I may approach,
18 Your Honor.
19 THE COURT: Yes, sir.
20 MR. GREG DAVIS: Briefly.
21 THE COURT: Yes, sir.
22
23 BY MR. GREG DAVIS:
24 Q. Mr. Dickey, you did produce a written
25 transcript of what's contained on State's Exhibit 18-C;
Sandra M. Halsey, CSR, Official Court Reporter
637

1 is that correct?
2 A. Yes, I did.
3 Q. So if anybody wanted to read, or
4 wanted to follow along as they go along with this, and
5 actually see what is being said by CO1 or CO2 or the
6 radio, they could do that. Right?
7 A. Yes, they could, as well as the exact
8 times they happened from the beginning of the phone call.
9 Q. And if you would, if you'll just look
10 at State's Exhibit 18-E, please, and tell me whether or
11 not that is the written transcript that you, yourself,
12 produced in this case.
13 A. I just want to make sure all the pages
14 are here.
15 Q. Okay.
16 A. Yes, it is, in complete.
17 Q. Okay.
18
19 MR. RICHARD C. MOSTY: I'm sorry, did
20 you say incomplete?
21 THE WITNESS: No, it is in -- it is
22 complete.
23 MR. RICHARD C. MOSTY: Your Honor, we
24 would like for the jury to go ahead have that during this
25 transcription.
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638

1 MR. GREG DAVIS: Well, we have one
2 copy. I don't know how 12 people will read it.
3 MR. RICHARD C. MOSTY: I think it's --
4
5 BY MR. GREG DAVIS:
6 Q. Let me just ask you, Mr. Dickey --
7
8 (Whereupon, the following
9 mentioned item was
10 marked for
11 identification only
12 as State's Exhibit 18-E,
13 after which time the
14 proceedings were
15 resumed on the record
16 in open court, as
17 follows:)
18
19 MR. GREG DAVIS: Well, first of all,
20 is it admitted? I'll offer it at this time, as State's
21 Exhibit 18-E.
22 MR. RICHARD C. MOSTY: Is that the
23 same one you've given us previously?
24 MR. GREG DAVIS: Yes, it has bar codes
25 on there also so that they can play with both portions
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639

1 there with the video.
2 MR. RICHARD C. MOSTY: We have no
3 objection to that, your Honor.
4 We would like to go ahead and make 16
5 copies of that so the jury can follow along with that.
6 THE COURT: That's fine. I'll do
7 that. All right. Let's go in order. You have no
8 objection to 18-E?
9 MR. RICHARD C. MOSTY: No, Your Honor.
10 THE COURT: 18-E is admitted.
11
12 (Whereupon, the item
13 Heretofore mentioned
14 Was received in evidence
15 As State's Exhibit No. 18-E
16 For all purposes,
17 After which time, the
18 Proceedings were resumed
19 As follows:
20
21 BY MR. GREG DAVIS:
22 Q. Mr. Dickey, again, if the jury wants
23 to look at this in the jury room, for instance --
24
25 THE COURT: Well, we can break -- how
Sandra M. Halsey, CSR, Official Court Reporter
640

1 long will it take to get copies of this made? Do you
2 have -- why don't you have Ms. Henderson come in.
3 MR. RICHARD C. MOSTY: It will just
4 take a couple of minutes to make copies of this.
5 THE COURT: Just a minute. I think we
6 can have Ms. Henderson come in. Just a minute.
7 How long would it take to get 16
8 copies of this made?
9 MS. HENDERSON: About 5 minutes.
10 THE COURT: All right.
11
12 BY MR. GREG DAVIS: Okay. Mr. Dickey --
13
14 THE COURT: All right. If we can, by
15 agreement, ask some questions not germane to this, can we
16 go ahead with the witness?
17 MR. GREG DAVIS: Yes, sir. What I
18 thought I would do is I could go ahead -- we can show
19 this once and then we can show it a second time when they
20 have the transcript.
21 THE COURT: Does that meet with both
22 sides' agreement?
23 MR. RICHARD C. MOSTY: Why don't we
24 just do it one time when they have got the transcripts?
25 There's no sense in redoing it.
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641

1 THE COURT: Well, we're going to have
2 it in 5 minutes. Mr. Davis will show it once now and
3 we'll reshow it with the transcript. Thank you.
4 MR. GREG DAVIS: Thank you, your
5 Honor.
6 THE COURT: All right. Go ahead with
7 it now and when the copies get in, the jury will have
8 them and we'll show it over again.
9 MR. GREG DAVIS: All right. Yes, sir.
10
11
12 BY MR. GREG DAVIS:
13 Q. Mr. Dickey, if you don't mind, if you
14 can step down here and just make sure that everything is
15 running properly.
16
17 (Whereupon, the witness
18 Stepped down from the
19 Witness stand, and
20 Approached the jury rail
21 And the proceedings were
22 Resumed as follows:)
23
24 THE COURT: All right.
25
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642

1 (Tape played for the jury)
2
3 (Whereupon, the witness
4 Resumed the witness
5 Stand, and the
6 Proceedings were resumed
7 On the record, as
8 Follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Mr. Dickey, let me ask you -- while
12 we're waiting for the copies of the transcript, let me
13 just ask you a couple of questions. Prior to the jury
14 coming back into the courtroom this afternoon, did we
15 witness this video transcript here in this courtroom?
16 A. Yes, we did.
17 Q. Okay. And was the defendant present
18 in the courtroom during the time that you showed that
19 video transcript?
20
21 MR. RICHARD C. MOSTY: Excuse me, Your
22 Honor. We're going to object to what was done outside
23 the presence of the jury. That's why it was done outside
24 the presence of the jury.
25 THE COURT: Overruled. Go ahead.
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643

1 MR. RICHARD C. MOSTY: May we approach
2 the bench on this, your Honor.
3 THE COURT: You may.
4
5 (Whereupon, a short
6 Discussion was held
7 Off the record, after
8 Which time the
9 Proceedings were resumed
10 As follows:)
11
12 MR. RICHARD C. MOSTY: Your Honor, I
13 understand our objection is sustained.
14 THE COURT: It is sustained.
15
16 BY MR. GREG DAVIS:
17 Q. Mr. Dickey, let me ask you again,
18 before we view some individual portions of that video
19 transcript again, let me ask you about a couple of terms
20 that we may be using. The first one is going to be the
21 term ambiance, or ambiance.
22 A. Yes.
23 Q. Okay. Can you just explain to us what
24 is ambiance?
25 A. Well, in general terms, ambiance would
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644

1 be the difference between, as if you were talking in say
2 a living room that is carpeted, or as you walk into your
3 bathroom and you hear multiple reflections, almost as if
4 you're singing in what would be referred to as reverb.
5 That would be two different examples of ambiance.
6 Q. Okay. When we talk about a room --
7 let's say a family room is carpeted. Is that -- what
8 kind of ambiance is that kind of room going to have?
9 What would you call that?
10 A. It is going to have more of a dampened
11 ambiance. It will have less reflections.
12 Q. Noise is not going to bounce around as
13 much?
14 A. Yes, sir.
15 Q. What about if we take a kitchen, for
16 instance, that's got a linoleum floor instead of carpet.
17 Is that going to be dampened, or is that going to have
18 more of the noise bouncing around the room?
19 A. You're going to have more reflections
20 in the harder surfaces.
21 Q. And as you were listening to this tape
22 of this 911 call, is that something that you can look
23 for, or listen for on this tape?
24 A. Yes, it is. We have the ability to do
25 that.
Sandra M. Halsey, CSR, Official Court Reporter
645

1 Q. Okay. And is that something you
2 actually did with certain portions of this tape?
3 A. Yes, it is.
4 Q. Okay. Now, well, we hope this works.
5 But I want to go to a portion of the video script here,
6 Mr. Dickey, that begins at 43 seconds and 15. And as we
7 time it, what is it 43, and then you've got a dot, 15.
8 How do you break down time on this tape?
9 A. On the transcript it will be written.
10 You will have, the first two digits will designate
11 minutes, the second two digits will designate seconds,
12 and the fifth and sixth digits will be what is referred
13 to as subframes. It is partials of a second.
14 Q. Okay. So --
15
16 THE COURT: May we -- I have these
17 transcripts back now. I believe that they are to be
18 given to the jury. Here they are.
19 Will you pass those out, please, Ms.
20 Biggerstaff.
21 There should be 16. Just take one and
22 pass it on.
23 All right. Let the record reflect
24 that the members of the jury now have a copy of State's
25 Exhibit 18-E, the transcript of the 911 call at 5801
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646

1 Eagle Drive, on June the 6th, 1996.
2 THE WITNESS: As soon as it comes up
3 to speed, you should be able to scan and it should go
4 right back to it.
5 MR. GREG DAVIS: Okay. Again, if the
6 jurors will look now to the portion of the transcript
7 that begins at 43.15, with the female caller.
8
9 BY MR. GREG DAVIS:
10 Q. Would that be the first individual
11 clip that we're looking at here?
12 A. Is there anyway I could have a copy of
13 it?
14
15 THE COURT: Here, I have given him the
16 Court's copy right there.
17 THE WITNESS: At 43.15?
18
19 BY MR. GREG DAVIS:
20 Q. Yes.
21 A. Yes, it would be.
22 Q. All right. Okay. Again, if you would
23 step down here one more time.
24
25 (Whereupon, the witness
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1 stepped down from the
2 witness stand, and
3 approached the jury rail
4 and the proceedings were
5 resumed as follows:)
6
7 BY MR. GREG DAVIS:
8 Q. Okay. Again if you will look at
9 43.15.
10 A. Okay.
11 (Tape played for jury.)
12
13 BY MR. GREG DAVIS:
14 Q. Okay. So, as we see on the first
15 clip, then we started with the female caller's first line
16 at 49 seconds is "Who was breathing?" And then there's
17 the male caller, unintelligible; is that right?
18 A. Yes, sir.
19 Q. And then the female caller's next
20 response is unintelligible. "Are they still laying
21 there, unintelligible." Correct?
22 A. Yes, sir.
23 Q. All right. Now, as you looked at this
24 sequence here, when the female caller was making this
25 statement, "Who was breathing?" Did you try to make a
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1 determination of whether that person was in a dampened
2 room or a room that has more bounce to it?
3 A. Yes, I did, and let me explain a
4 little bit about that.
5
6 MR. RICHARD C. MOSTY: Excuse me, your
7 Honor, I'm going to object to that. The question was:
8 "Did he make a determination?" The answer was "yes"
9 That's it.
10 THE COURT: Overruled. Go ahead.
11 BY MR. GREG DAVIS:
12 Q. That means you can answer.
13 A. Yes. The explanation in addition to
14 that would be: You have to compare one ambiance to
15 another. It wouldn't be appropriate to just take an
16 ambiance from any situation and designate it a certain
17 area. So, you have to take certain reflective surfaces
18 and relate them to a certain area, and then you can make
19 a judgment from that point. Okay?
20 In other words, you have to designate
21 what could be referred to as the dampened area before you
22 can make a determination of a more reflective area.
23 Q. All right. And when it comes to this
24 line: "Who was breathing?" What was your opinion? Was
25 this statement being made in a dampened room or in a more
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1 reflective room?
2
3 MR. JOHN HAGLER: Excuse me, your
4 Honor, we'd object to this line of testimony to this
5 particular question. The fact that it hasn't been
6 established that he either has the factual basis to make
7 such an opinion or that this so-called expert opinion is
8 based on any type of accepted scientific theory under the
9 Rule 702.
10 THE COURT: Overruled. Answer the
11 question.
12 THE WITNESS: Yes. My determination
13 was it was in a slightly dampened area.
14
15 BY MR. GREG DAVIS:
16 Q. All right. And the type of room that
17 would be dampened, would that be with carpeting?
18 A. It would be consistent with a room of
19 carpeting.
20
21 MR. JOHN HAGLER: Could we have a
22 running objection to this line of testimony?
23 THE COURT: You may have a running
24 objection. Thank you.
25
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1 BY MR. GREG DAVIS:
2 Q. Okay. Now, this first segment then
3 ends with the line, "Are they still laying there?
4 Unintelligible." And again, that's on Page 2, at 51
5 seconds and 15; is that correct?
6 A. Yes, it is.
7 Q. All right. Now, for the jury's
8 benefit, the second series that we're going look at will
9 begin at the same 51.15 on Page 2, and it will run
10 through 1 minute and 2 seconds and 13. So, essentially,
11 Mr. Dickey, what we're going to do is we're going to pick
12 up from this and we're going to go right on through; is
13 that right?
14 A. Yes, sir.
15 Q. Okay.
16 (Tape played for jury.)
17
18 BY MR. GREG DAVIS:
19 Q. Okay. Now, again, looking at this
20 sequence, we actually begin with 55 seconds and 6 with
21 the statement, "Oh my God. What do we do?" Is that
22 correct?
23 A. I think it actually --
24
25 (Tape played for jury)
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1 THE WITNESS: Actually it starts at
2 51.15 again and picks up.
3
4 BY MR. GREG DAVIS:
5 Q. The first line now shown on the screen
6 is, "Oh my, what do we do?"
7 A. Yes, sir.
8 Q. And that is at 55 seconds and 6.
9 Correct?
10 A. That's correct.
11 Q. So we're talking approximately four
12 seconds after the statement, "Are they still laying
13 there." Correct?
14 A. That's correct.
15 Q. And the person talking is the female
16 caller again; is that right?
17 A. That is correct.
18
19 (Tape played for jury.)
20
21 BY MR. GREG DAVIS:
22 Q. Okay. We'll pull it up here on the
23 screen and I would like to ask you a question.
24 Mr. Dickey, on this screen we now see
25 the statement, "Oh my God, what do we do?" Now, did you
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1 try to make a determination, sir, of whether this
2 statement, "Oh my God, what do we do," whether that
3 statement was made in a dampened or a more reflective
4 room?
5 A. This statement that begins, "Are they
6 still laying there," as the progression of the
7 conversation moves from 51 to 55. The female caller
8 moves from a slightly dampened area into a more
9 reflective, very reflective in relationship to the
10 dampened.
11 Q. And --
12
13 MR. JOHN HAGLER: Your Honor, so we're
14 clear on this. Again, our objection is that there is
15 no -- as far as this testimony coming in, under Rule 702,
16 we're saying again that there's not an evidentiary basis
17 for such an opinion, and there has been no showing on the
18 part of the State that this type of opinion testimony is
19 accepted and valid under Rule 702. We want the record to
20 be clear that we have a running objection to each and
21 every reference.
22 THE COURT: That's right. You do have
23 a running objection.
24 MR. JOHN HAGLER: Thank you.
25
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1 BY MR. GREG DAVIS:
2 Q. Can you tell the members of the jury
3 how you determined that beginning at 51 and going to 55,
4 that this female caller was moving from a more dampened
5 room to a more reflective room? Did you do that just on
6 your own or did you use equipment? What did you do to do
7 that?
8 A. Yes. It's a measurement of the
9 equipment. It's actually the decay time that comes as
10 the female caller stops speaking and the decay time
11 stops. In a more dampened area you don't have as long a
12 reflection. It does not have as long a trail coming off
13 of it. And as you move into a more reflective area, of
14 course the trail is longer. It seems to put more depth
15 to the words. And that is the measurement that you take.
16 It's referred to as the decay time.
17 Q. Okay. How about if I'm sitting at the
18 bottom of a well and I'm talking. Is there going to be a
19 lot of decay in that kind of situation?
20 A. Yes, there would be.
21 Q. All right. Now, in a more reflective
22 room, would that be consistent with a room that has
23 linoleum flooring as opposed to carpeting?
24 A. Yes, it would be.
25 Q. And at the time that this statement is
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1 made, "Oh my God, what can we do," was that made in a
2 more reflective room consistent with having a linoleum
3 floor?
4 A. Yes, it would.
5 Q. How about the statement that follows,
6 "Oh my God. Oh my God" Are they made in a more
7 reflective room also or are we back to a dampened room at
8 that point?
9 A. By the second "Oh my God," we are back
10 to a more of a dampened room.
11 Q. Okay. Now, if we can, if we can go
12 forward in this tape to the third segment which will be
13 at 1 minute, 55 seconds, and that's going to be on Page 5
14 of the transcript. And I believe, Mr. Dickey, at that
15 point the first statement that we should see up on the
16 screen -- on the transcript we have the communications
17 officer saying, "What is going on;" is that correct?
18 A. Yes.
19 Q. And actually the first statement that
20 we will see is made by the female caller; is that
21 correct?
22 A. Yes, it is.
23
24 (Tape played for jury.)
25
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1 BY MR. GREG DAVIS:
2 Q. Okay. Again, the first line that we
3 see on the screen is the female caller saying, "Somebody
4 came in while I was sleeping. Me and my little boys were
5 sleeping downstairs;" is that correct?
6 A. Yes, it is.
7 Q. The next statement by the female
8 caller is, "Some man came in, stabbed my babies, stabbed
9 me. I woke up. I was fighting. He ran out through the
10 garage. Threw the knife down. My babies are dying.
11 They're dead. Oh my God;" is that correct?
12 A. That is correct.
13 Q. Now, this statement, do you recall, as
14 you sit there now, whether you made a determination
15 whether the female caller was in a more dampened or a
16 more reflective room at this point?
17 A. Those are both consistent with just
18 slightly dampened.
19 Q. More consistent with or being back in
20 a carpeted room as opposed to a linoleum floor room?
21 A. Yes.
22 Q. Okay. Now, the fourth clip that we're
23 going to look at, Mr. Dickey, that will begin on Page 7,
24 and that's going to begin at 3 minutes and 44 seconds.
25 With the communication's officer statement, "You don't
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1 know who did this;" is that correct?
2 A. Yes, it is.
3 Q. And so the first line of dialogue that
4 we'll see on the screen will be by police officer at
5 3:45, "Look for a rag;" is that correct?
6 A. Yes, it would be.
7 Q. Okay.
8
9 (Tape played for jury.)
10
11
12 BY MR. GREG DAVIS:
13 Q. Okay. Again, the blue represents the
14 police officer; is that right?
15 A. Yes, it would.
16 Q. And his first statement is, "Look for
17 a rag." Correct?
18 A. Yes, it is.
19 Q. The response by the female is, "They
20 killed our babies." Right?
21 A. Yes, it is.
22 Q. And his next statement as shown on the
23 screen is, "Lay down. Okay. Just sit down.
24 Unintelligible." Correct?
25 A. Yes, it is.
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1 Q. And the female caller's response that
2 follows is, "No, he ran out, or they ran out in the
3 garage. I was sleeping;" is that correct?
4 A. Yes, it is.
5 Q. In that last statement actually, is it
6 true, Mr. Dickey, that the female caller first uses the
7 word he and then in mid-sentence changes it to they; is
8 that right?
9 A. Yes, that is correct.
10 Q. Now, the fifth clip that we will
11 listen to will begin on Page 9, and it will begin at 4
12 minutes and 26 seconds --
13
14 MR. RICHARD C. MOSTY: Your Honor, I'm
15 going to object. That last one, we don't need Mr. Dickey
16 to interpret what the transcript read. He didn't say
17 anything about dampening, which is his alleged area of
18 expertise which we objected to.
19 We object to him simply reading for
20 the jury, his interpretation of what this says. They can
21 do that.
22 THE COURT: Well, I'll let him read.
23 I'm going to let him read. Overrule the objection.
24 Go ahead, please.
25 Listen to the question.
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1 BY MR. GREG DAVIS:
2 Q. All right. At 4:26, Mr. Dickey, as we
3 pick that up, will we begin on the screen with the female
4 caller's comment; is that right?
5 A. Yes, you would.
6
7 MR. RICHARD C. MOSTY: Excuse me.
8 What page again?
9 MR. GREG DAVIS: Page 9 at 4.26, the
10 female caller.
11 THE WITNESS: Actually you will begin
12 with the last part of that sentence at 4 minutes and 26
13 seconds.
14 MR. GREG DAVIS: Right. Okay.
15 THE COURT: That's 4:24?
16 THE WITNESS: 4:24 is the previous
17 statements.
18 MR. RICHARD MOSTY: Then it goes to
19 4:31.
20 MR. DOUGLAS MULDER: Judge, we'd just
21 like to have the same one the jury has got so we can mark
22 it accordingly.
23 THE COURT: Can we get the same copy?
24 I thought we had -- we have 16 copies to the jury. We
25 can share.
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1 THE JUROR: If you need a copy, we can
2 look together.
3 MR. DOUGLAS MULDER: I don't mind.
4 Let's just make another copy.
5 MR. RICHARD C. MOSTY: We don't have
6 one that says 4:26.
7 THE COURT: Well, I would like for
8 them to have that.
9 THE JUROR: May I offer this one here,
10 Judge?
11 THE COURT: Well, okay. Let Mr.
12 Mulder have it.
13 MR. GREG DAVIS: I guess that is
14 another one.
15 MR. RICHARD C. MOSTY: Do I have a
16 different version?
17 MR. DOUGLAS MULDER: Apparently so.
18 MR. GREG DAVIS: They have two copies.
19 THE COURT: Is that the original copy
20 you just gave to the defense?
21 MR. DOUGLAS MULDER: I will go make a
22 copy.
23 THE COURT: Well, just have a seat.
24 We'll get it made.
25 MR. GREG DAVIS: If I could please
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1 present my testimony I'd appreciate it.
2 THE COURT: You can present your
3 testimony. While you're waiting we'll have a copy made.
4 MR. RICHARD C. MOSTY: And since I
5 don't have a copy could I get one made?
6 THE COURT: We will get one made. All
7 right.
8
9 (Tape played for jury.)
10
11 BY MR. GREG DAVIS:
12 Q. Again, as we look through the tape
13 here, again, the blue will be the police officer; is that
14 right?
15 A. Yes.
16
17 (Tape played for jury.)
18
19 BY MR. GREG DAVIS:
20 Q. Okay. On the screen right now do we
21 see a statement made by a police officer in blue,
22 "Nothing's gone, Ms. Routier?"
23 A. Yes, you do.
24 (Tape played for jury.)
25
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1 BY MR. GREG DAVIS:
2 Q. Okay. And then do we continue on here
3 as the screen rolls with another police officer's
4 statement of, "Unintelligible, the problem, Mrs.
5 Routier"?
6 A. Yes, you do.
7 Q. All right. Now, the sixth individual
8 clip should begin at 5 minutes and 1 second,
9 communication officer statement, "You need to let the
10 police officers in the front door."
11
12 (Tape played for jury.)
13
14 BY MR. GREG DAVIS:
15 Q. The only comments we see up on the
16 screen are made by the female caller; is that right?
17 A. That's right.
18 Q. And throughout here, we just have one
19 female caller. Right?
20 A. Yes, that is correct.
21 Q. Okay. And the last individual clip,
22 Mr. Dickey, I show to begin on Page 10, at 5 minutes and
23 18 seconds with the dispatcher saying, "Ma'am, hang on.
24 Hang on a second."
25
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1 (Tape played for jury.)
2
3 BY MR. GREG DAVIS:
4 Q. So on this last individual clip, what
5 we see on the screen are actually four statements by the
6 female caller, followed by an unintelligible statement by
7 the police officer; is that right?
8 A. That's correct.
9 Q. Okay. And that's the last individual
10 clip that's going to be shown on the bar code exhibit; is
11 that right?
12 A. Yes, it is.
13 Q. Okay. So, again, on the bar code, we
14 have the sound only, we have the entire video script and
15 then we have the seven individual clips that we've now
16 shown to the jury; is that right?
17 A. That's right.
18
19 MR. GREG DAVIS: Do you want to use
20 this?
21 MR. RICHARD C. MOSTY: I doubt very
22 seriously that I'm qualified to operate it.
23 MR. GREG DAVIS: Well, you see I'm
24 not.
25 MR. RICHARD C. MOSTY: Let's push it
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1 back.
2 MR. GREG DAVIS: Okay.
3 THE COURT: All right. That's all?
4 MR. GREG DAVIS: I'll pass the
5 witness, your Honor.
6 THE COURT: Mr. Mosty.
7
8 CROSS EXAMINATION
9
10 BY MR. RICHARD MOSTY:
11 Q. Mr. Dickey, when were you first
12 contacted by the District Attorney's Office to assist?
13 A. Sometime in September, I think it was.
14 Q. All right. When did you complete your
15 work?
16 A. Sometime in December. I would say
17 middle to late December.
18 Q. Okay. Did you participate in this
19 trial that they had up in Dallas, up at the courtroom?
20 A. No, I didn't.
21 Q. Did you go up and practice with the
22 other officers?
23 A. No, I did not.
24 Q. Okay. When you get a job like this,
25 do you -- I guess you do a work order or something?
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1 A. You could call it that.
2 Q. All right. And I guess part of the
3 time is you're sitting there and just listening to this
4 stuff?
5 A. That's true.
6 Q. Back and forth through it?
7 A. Yes.
8 Q. And you're taking notes of what you
9 hear or see or important things you want to take down?
10 A. Well, I don't know exactly what you're
11 getting at.
12 Q. Well, what notes did you take in, you
13 know, you sat there and described all of this stuff on
14 this tape, and what notes do you take, or what reports
15 did you make?
16 A. The conclusions that were drawn --
17 Q. No, no. I'm interested in what notes
18 did you take.
19 A. The notes, there are no notes,
20 supposed notes.
21 Q. Well, what do you mean "supposed
22 notes"? Did you --
23 A. Well, you're asking me about notes
24 that weren't taken.
25 Q. Well, that's all I was asking you.
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1 Did you take one note whatsoever to remember and document
2 what you just testified here?
3 A. All the measurements were done on the
4 computer.
5 Q. Well, where is that computer print
6 out?
7 A. There is no computer printout, it is
8 on the computer.
9 Q. Well, for instance, on this part you
10 say here in this one part that at a certain time it's
11 dampened, what note -- how did you remember that? You
12 didn't take any notes to tell you what part was dampened
13 or what wasn't?
14 A. That's easily detectable for me.
15 Q. Well, but -- and you can remember
16 that?
17 A. Yes, I can.
18 Q. At what point in the tape, for
19 instance, did the dog bark?
20 A. Well, I would have to see the tape.
21 If you're talking about a timeline, but if you're asking
22 me about ambiance, that's a whole 'nother (sic) question.
23 Q. Okay. But you didn't take any notes
24 to tell me what the difference in that ambiance was?
25 A. The notes that were taken on the
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1 timeline, you have a copy of it.
2 Q. No, I'm talking about your notes.
3 A. Those are my notes.
4 Q. Where on here does the word ambiance
5 appear on quote your notes?
6 A. The ambiance -- there is no word
7 ambiance on there.
8 Q. Now, what reports did you write?
9 A. I gave no report as such, as far as
10 what you're asking a written report on ambiance.
11 Q. And we've already -- you've already
12 told us, have you not, that this transcript, this part of
13 this, that is Mr. -- it only has one side of a
14 conversation, or the house side of the conversation on
15 it. That was done at Mr. Davis's request?
16 A. The charge was given to try to isolate
17 and focus upon the actions and the sounds that were
18 inside the residence --
19 Q. Mr. Dickey, my question was simple:
20 Who made the --
21 A. I'm trying to answer that.
22 Q. No. Listen to the first part of it.
23 The question is who. Who told you what to put on that
24 tape?
25 A. That was the consideration between
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1 myself and Mr. Davis.
2 Q. All right. And that was the sole
3 charge was to identify what happened at the house; is
4 that right?
5 A. That is correct.
6 Q. And as a matter of fact, it's sort of
7 hard, is it not, to sit with the jury transcript that
8 they've got over there that you prepared that. Right?
9 A. Yes, I believe so. It's, in fact, a
10 copy of what has been given to the Court.
11 Q. And it's really a little bit hard to
12 try to be reading on this and be reading on the screen at
13 the same time, isn't it? Going back and forth?
14 A. I would say to do both, that would be
15 correct.
16 Q. It's hard. It would be a lot easier
17 to either read the transcript by itself or read the
18 screen by itself, wouldn't it?
19 A. Yes, that would be correct.
20 Q. Okay.
21 A. May I --
22 Q. No, sir. Now, as I understand it, you
23 have gone through and picked out seven particular parts
24 of this tape?
25 A. There were seven parts of the tape
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1 that were bar coded.
2 Q. And by bar coded, that's what we saw
3 on the screen?
4 A. Yes.
5 Q. Okay. And who chose those seven parts
6 of the tape?
7 A. That was a collaboration between
8 myself and Mr. Davis of collected evidence.
9 Q. So you and Mr. Davis as a team are
10 deciding what evidence you want to present to the jury?
11 A. That is not correct.
12 Q. Well, was it a collaboration?
13 A. Well, what -- let me clarify myself.
14 Q. Was it a collaboration between you and
15 Mr. Davis?
16
17 THE COURT: Let him speak and answer
18 the question. Answer the question.
19 THE WITNESS: To clarify myself, I
20 would say that those are the points that I felt strongest
21 about. They are not the points that Mr. Davis told me to
22 pick and leave others out.
23
24 BY MR. RICHARD MOSTY:
25 Q. Okay. Did you come up -- when you
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1 started your work, what were you given?
2 A. What was I given?
3 Q. Right.
4 A. I was given nothing. I was asked to
5 make a copy of the tape.
6 Q. Well, were you given a copy of the
7 tape?
8 A. No, I was not given a copy, I made the
9 copy at the Rowlett Police Department.
10 Q. I'm not trying to be picky with you.
11 Did you have possession of a tape ever that you used to
12 make a copy of it? That's correct, isn't it?
13 A. That is correct.
14 Q. Okay. Did anybody ever give you a
15 transcript of the 911 --
16 A. No.
17 Q. -- conversation?
18 A. No.
19 Q. The State never gave you one of what
20 they thought was on the 911 tape?
21 A. No, they didn't.
22 Q. So this creation, State's Exhibit
23 18-E, is solely yours?
24 A. Yes, it is.
25 Q. And I take it that you never have
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1 created a complete transcript of the 911 call that shows
2 all of the words and all of the sounds together?
3 A. The most complete transcript that I
4 completed, you have a copy of it.
5 Q. No, I'm talking about the laser disk
6 that has the sounds from the laser plus the screen. Is
7 that the most complete one you've ever done?
8 A. As far as what was -- the transcript
9 being transferred to laser disk?
10 Q. To the screen.
11 A. Yes, that is correct.
12 Q. I don't understand laser disks. So,
13 when I talk about it, I talk about sound and screen.
14 A. Okay. I would agree with that.
15 Q. The most complete one that has ever
16 been done is the one the jury saw?
17 A. I would agree with that.
18 Q. And there's never been any attempt
19 made to do a complete one that had all of the words on
20 the screen?
21 A. Are you referring to the words marked
22 unintelligible?
23 Q. No, I said words.
24 A. Well, I don't know what you're
25 referring to.
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1 Q. You don't?
2 A. No, I don't.
3 Q. For instance, the communications
4 officer, her words.
5 A. It is complete on there. It is
6 complete as I could render it.
7 Q. Mr. Dickey, maybe you and I are having
8 trouble communicating. I'm talking about what appeared
9 on this screen. Has there ever been a full transcript of
10 Exhibit 16-E (sic) that has appeared on this screen or
11 any other screen that you have prepared?
12 A. Not in the fashion as you have it on
13 paper.
14 Q. All right. Why -- I guess that's
15 because you and Mr. Davis collaborated on what would be
16 put on the screen?
17 A. No, that would not be true. That
18 would probably be more to my discretion that I felt that
19 that was a better portrayal of the sounds and the actions
20 and the words that came out on 5801 Eagle Drive.
21 Q. Even though you've already told us
22 that we're trying to read this transcript and trying to
23 follow that screen is confusing?
24 A. What I told you was either or would
25 not be, but both at the same time would probably be
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1 confusing for myself.
2 Q. Now, I guess what -- there are two
3 times in this tape that you were able to testify about
4 the ambiance; is that right?
5 A. I would agree with that.
6 Q. Okay. All right. Have you ever been
7 out to the house?
8 A. No, I have not.
9 Q. Has it been described to you?
10 A. I did ask for general proportions of
11 the floorplan.
12 Q. What's the wall material, for
13 instance? Is it rock, these interior walls?
14 A. I thought that the room was wood.
15 Q. Wood?
16 A. I thought that there was at least one
17 wall of wood. There might have been some brick, if I
18 understood correctly. There's also carpet on the floors.
19 It's also connected to an adjoining room.
20 Q. Okay. And what is between the rooms?
21 A. From what I understand a slight
22 island-bar type, I guess you would refer to it.
23 Q. Okay.
24 A. Counter maybe.
25 Q. Now, were you able to detect when she
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1 was standing on a carpet runner?
2 A. Could I --
3 Q. I'll ask the questions.
4 A. Okay.
5 Q. Can you detect when someone is
6 standing on, for instance, a carpet runner?
7 A. Not for what you're --
8 Q. Could you detect -- go ahead, finish.
9 A. I would say no, not from just that
10 amount of information and nothing to compare it to.
11 Q. Well, if this -- if this is a
12 depiction -- and if you would like to look at this,
13 you're welcome to, if you can't see it.
14 A. Just so I can answer correctly.
15 Q. All right. If this is a depiction of
16 the house and this family room is carpeted, you had at
17 least one of your sessions that was consistent with this
18 person being in the carpeted area?
19 A. Yes, that is true.
20 Q. Okay.
21 A. At least.
22 Q. And you had another that was
23 consistent with a more reflective --
24 A. A very reflective area.
25 Q. Okay. Like a kitchen?
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1 A. Yes, more like a kitchen.
2 Q. Okay. So, what you've got -- and how
3 far apart were those in time frame?
4 A. In time I think the movement was
5 between 4 to 6 seconds, something like that.
6 Q. Okay. So, that would be consistent
7 with, if I were standing in a carpeted room and I walk to
8 a sink quickly to get a towel, and I were talking on the
9 phone while I was doing that, I would move to the
10 reflective room, for instance? It doesn't take me but
11 about a couple of seconds to walk that far, does it?
12 A. Not if you walked at a brisk pace, I
13 guess.
14 Q. Well, you would suspect that a person
15 that was talking, as you heard on this tape, would be
16 walking at a brisk pace, wouldn't you?
17
18 MR. GREG DAVIS: I'm going to object
19 to that. It calls for speculation on the part of this
20 witness.
21 THE COURT: Sustained. Move on.
22
23 BY MR. RICHARD MOSTY:
24 Q. Assume with me that someone does walk
25 briskly. That would be consistent with the conversation
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1 going in a period of seconds from a slightly dampened
2 room, from a carpeted room, into a more reflective room
3 like a kitchen?
4 A. What I observed on the tape was more
5 of a movement into the complete kitchen. Not necessarily
6 just to the edge of the kitchen, or so forth. And I
7 don't -- what I see is a sink on the very edge of the
8 kitchen there. Am I correct?
9 Q. Right here?
10 A. No.
11 Q. Well, no, that is a sink.
12 A. Okay. That's the range.
13 Q. I'm sorry, this is the sink, it's
14 closer.
15 A. That would be my point.
16 Q. Okay. So, that -- but this matter of
17 a few seconds is consistent with someone walking from a
18 dampened room into an undampened room. Right?
19 A. That is correct.
20 Q. Okay. And if this is linoleum in
21 here, that would be consistent with an undampened, more
22 reflective room, in the kitchen?
23 A. That is correct.
24 Q. And if this is carpet over here,
25 that's a more dampened room?
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1 A. That is correct.
2 Q. Okay. And then those are the only two
3 you're able to detect in this tape?
4 A. To be completely sure, yes, sir.
5 Q. Okay.
6 A. And that is all I have testified to.
7 Q. Okay. And so, during -- how many
8 times -- that was -- this whole tape is how long?
9 A. It's 5 minutes 44 seconds and some
10 frames.
11 Q. Okay. And you identified how many
12 seconds? There were two sequences right behind each
13 other where you testified about dampened room, more
14 reflective room. Right?
15 A. Yes.
16 Q. Okay. And how long is that sequence?
17 A. As I answered before, I think it's a 4
18 to 6 second span.
19 Q. Well, I'm talking about the whole time
20 that you played the tape, where you were able -- out of
21 this whole tape, you were only able to find 4 to 6
22 seconds where you could determine dampened or undampened?
23 A. As a professional, to make that
24 opinion clarified, what I would say is it was the only
25 for sure dampening that I could find. In the other
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1 circumstances, there were the possibilities of a person
2 facing a certain way, or the volume in which they were
3 speaking, which is also directly relative to the amount
4 of reflection that you get.
5 Q. Okay.
6 A. So there were a lot of circumstances
7 in which there were other ambiances, however they weren't
8 conclusive.
9 Q. Well, Mr. Dickey, is the answer to my
10 question that out of this 5 and a half, or 5-45 tape, you
11 were able to find 4 to 6 seconds in which you could
12 determine the difference in ambiance?
13 A. That wouldn't be absolutely true.
14 Q. Well, how many seconds does that
15 exchange take?
16 A. Are you talking about that one
17 particular spot?
18 Q. I'm talking about the two exchanges
19 when you talked about ambiance.
20 A. Okay. That I was asked about.
21 Q. How long is that span?
22 A. It's 4 to 6 seconds, that you're
23 speaking of.
24 Q. Okay. So, 4 to 6 seconds, out of this
25 5 minute and 45 tape, you have found something consistent
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1 with a person moving from a dampened to an undampened
2 room; is that right?
3 A. That's correct.
4 Q. Okay.
5 A. And if I'm following you correctly,
6 back to a dampened room.
7 Q. Well, I'm not interested in you
8 following me correctly, I'm interested in me following
9 you correctly.
10 A. Okay.
11 Q. So this 4 to 6 second period is
12 dampened, undampened, dampened?
13 A. It's more slightly dampened, to very
14 reflective, to slightly dampened.
15 Q. Okay. Slightly dampened, to very
16 reflective, to what is the next one -- from slightly
17 dampened, to very reflective to dampened?
18 A. To slightly dampened.
19 Q. Back to slightly dampened.
20 A. Yes.
21 Q. Okay. And that's in a 4 to 6 second
22 time frame?
23 A. Yes. That time frame right there that
24 you're speaking of.
25 Q. And as to the rest of the tape, you
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1 weren't able to draw any conclusions about dampened,
2 reflective, slightly dampened?
3 A. Not as conclusive as that, no.
4 Q. Okay. Well, you wouldn't be -- those
5 are the only ones you feel comfortable, as a
6 professional, to testify about?
7 A. Yes, that is correct.
8 Q. And anything else would not be, in
9 your opinion, reliable?
10 A. That's correct.
11 Q. Okay. How should I say this: Could
12 not detect?
13 A. Well, those would not be my words.
14 Q. Tell me what your words would be.
15 That you're unable to draw a conclusion?
16 A. Right.
17 Q. Okay. Unable to draw conclusion as to
18 rest of 911 call. Is that fair?
19 A. That is fair.
20 Q. Okay. Now, do you have a copy of the
21 transcript up there.
22 A. No, I don't. But I have been given
23 one.
24 Q. Well, you might have to bear with me
25 because I ended up taking notes on two different ones. I
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1 just wanted to ask you about a couple of the sections
2 that -- now, did you have a copy of this that had the
3 sections that Mr. Davis was going to point out to you?
4 A. Repeat that one more time.
5 Q. Have you ever had a copy of yours,
6 like a work copy, that said, you know, from one point two
7 five, to -- we're going to talk about this section, if
8 this is section 1, section 2 and section 3?
9 A. No.
10 Q. Okay. Is that shown on this exhibit?
11 Is this the exhibit? I'm looking for the bar code
12 exhibit.
13 A. All of individual sections were drawn
14 from a complete transcript.
15 Q. Okay. All right. Let's just talk
16 about some of the sections that you and Mr. Davis talked
17 about real quickly. Let's see if I got them right.
18 Okay. What I wrote down -- at 344.05. Now that's my
19 version. Let me see, I'm sure there's a more modern
20 version.
21 I see it. 345.19, that's the section
22 that you testified about?
23 A. That was the section that was bar
24 coded.
25 Q. Okay. And is that the fourth section
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1 that was bar coded or the third?
2 A. I couldn't tell you.
3 Q. Okay. Don't remember that?
4 A. Well, I can't recall which one was bar
5 coded.
6 Q. Did it begin with "look for a rag," I
7 believe?
8 A. I think it began with, "You don't know
9 who did this?"
10 Q. All right. And the section that you
11 and Mr. Davis chose to put on the screen that y'all
12 collaborated on was at 352.13? It says, "No, he ran out
13 of the garage. They ran out of the garage"?
14 A. Well, I don't know that you're
15 entirely correct in that you keep repeating that you and
16 Mr. Davis, this was of my choosing of the parts that I
17 felt comfortable with, not just Mr. Davis.
18 Q. Well, you didn't testify about
19 ambiance on this one, did you?
20 A. No, I did not.
21 Q. So, you felt comfortable pointing out
22 the section that says, "No, he ran out -- they ran out of
23 the garage. I was sleeping." You felt comfortable for
24 you to point that out?
25 A. Yes, I did.
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1 Q. And what -- did that indicate
2 something important to you, I take it?
3 A. I felt it did.
4 Q. All right. Now let's go on after that
5 and go down to 401.28.
6 A. Okay.
7 Q. Okay. Now, you know, because you
8 listened to this tape very carefully --
9 A. Yes, I did.
10 Q. 401.28, the police officer is there.
11 Correct?
12 A. Yes, I do.
13 Q. Okay. But there's only one police
14 officer there. Right?
15 A. I haven't testified to that.
16 Q. Can you tell us?
17 A. I would not -- I would not -- that
18 would be a conclusive statement on my part.
19 Q. Okay. But what she says there is,
20 "Y'all go look out in the garage." Y'all refers to more
21 than one person, doesn't it?
22 A. Yes, I would -- well, in normal
23 discourse I would agree with that.
24 Q. Where did you grow up, Mr. Dickey?
25 A. In Grand Prairie, Texas.
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1 Q. Okay. So you're familiar with the
2 term "y'all"?
3 A. Yes, I am.
4 Q. And that's more than one, isn't it?
5 A. I would say that. I don't know who
6 she's referring to y'all as. It could be her husband and
7 the policeman. It could be two policemen. It could
8 be -- I have no way of knowing. I have made no
9 determination.
10 Q. So your idea is that what she's saying
11 is y'all, and telling her husband, who is attending to
12 one of her dying children, "Y'all get up. Darin,
13 y'all -- you and the police officer, y'all get up and go
14 look in the garage for them"? That's what you were
15 thinking?
16 A. No. I made no determination of that,
17 period.
18 Q. So "y'all" might refer to one police
19 officer?
20 A. If you would like to say that, yes.
21 Q. So some people mess up in their
22 syntax, don't they, in their English?
23 A. I would agree with that.
24 Q. For instance, have you ever seen
25 presidential candidates? They never say, "Would you --
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1 that I appreciate your vote," do they? They always say,
2 "We appreciate the vote."
3 A. I think I've heard it both ways,
4 but --
5 Q. They usually say, you know, "vote for
6 us."
7 A. I can't make a determination on what
8 you're saying.
9 Q. Well, you've heard presidential
10 candidates say that kind of thing, haven't you?
11 A. Well, I've heard a lot of things said.
12 I don't know that.
13 Q. "We're so happy we won the
14 presidency."
15 A. Maybe referring to their family, I'm
16 not sure.
17 Q. Well, how many presidents do we have?
18 A. Well, we have one president.
19 Q. And one vote, don't you?
20 A. One first family.
21 Q. One vote for one person, don't you?
22 A. Well, one vote per person who is
23 voting, yes.
24 Q. Anyway, Darlie Routier says, "Y'all
25 look out in the garage. Look out in the garage," does
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1 she not?
2 A. Yes, that is what is spoken.
3 Q. And I guess you didn't feel
4 comfortable suggesting that this phrase be put up on your
5 screen?
6 A. I did not feel that there was any
7 inconsistency in it.
8 Q. Okay. Let's talk about your --
9
10 THE COURT: I think right now,
11 gentlemen, we'll take a 10 minute break.
12
13 (Whereupon, a short
14 Recess was taken,
15 After which time,
16 The proceedings were
17 Resumed on the record,
18 In the presence and
19 Hearing of the defendant
20 But outside the presence.
21 Of the jury, as follows:)
22
23 THE COURT: All right. Are both sides
24 ready to bring the jury back?
25 MR. GREG DAVIS: Yes, sir, the State
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1 is ready.
2 MR. DOUGLAS MULDER: The defense is
3 ready.
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
16 that all parties in the trial are present and the jury is
17 seated.
18 Mr. Mosty, you may continue.
19
20
21 CROSS EXAMINATION (Resumed)
22
23 BY MR. RICHARD MOSTY:
24 Q. All right. Mr. Dickey, I just have a
25 couple of more things I wanted to cover with you. Again,
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1 do you have this transcript up there in front of you?
2 A. Yes.
3 Q. These seven excerpts, are all those
4 the ones that you felt -- how did you say that -- that
5 you felt comfortable with?
6 A. Yes.
7 Q. All right. Now, your charge was to
8 enhance this tape? To enhance it and make it the highest
9 quality?
10 A. Well, to interpret what was being said
11 through whatever means. Not necessarily just enhancing
12 it, because that wouldn't be my procedure.
13 Q. Okay. By interpret it, you took that
14 as your charge to decide what you thought might be
15 important or not important?
16 A. No. No.
17 Q. That's not part of your job?
18 A. No, that would not be correct.
19 Q. Okay. So you aren't -- when you
20 enhance something, or when you pick out these sections,
21 you weren't worried with whether or not they were
22 consistent with some side of the story, or inconsistent,
23 or whether they were an inconsistency or consistency,
24 that wasn't part of your idea?
25 A. No.
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1 Q. Okay. Let's --
2 A. If what you're saying is my transcript
3 was developed around one side of the story, that's
4 completely incorrect.
5 Q. That's not what I'm talking about.
6 I'm talking about the excerpts from your transcript, 1
7 through 7. These excerpts that you put on this screen.
8 A. Yes, sir.
9 Q. And I pointed out that one a minute
10 ago where you -- where you did not include the part about
11 "Y'all go search the kitchen." Is that part of your
12 interpretation to determine whether to include that
13 y'all?
14 A. No, that didn't even enter my mind.
15 Q. I thought you, a minute ago, told me
16 that you didn't think that was inconsistent.
17 A. I didn't think there was any
18 inconsistency in the sentence itself.
19 Q. Okay. Well, were you looking -- when
20 you were choosing these seven sections, were you looking
21 for inconsistencies?
22 A. Yes, at certain times I was.
23 Q. Okay. So you were doing a little bit
24 more than just listening to the words and bringing us the
25 words, you were doing some interpretation as well,
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1 weren't you?
2 A. I pointed out several sections that I
3 thought would be important.
4 Q. Pointed it out to Mr. Davis?
5 A. Yes, I did.
6 Q. Okay. Let's go to section -- what I
7 call section 6, bottom of page 9. It starts with, "You
8 need to let the officer in the front door. The knife was
9 laying over there and I already picked it up."
10 "Okay. It's all right. It's okay.
11 "God, I bet if we could have gotten
12 prints maybe." Correct?
13 A. Yes.
14 Q. And that's one of the sections that
15 you and Mr. Davis chose?
16 A. That was something that I thought was
17 important.
18 Q. Okay. And did you suggest to Mr.
19 Davis it was important?
20 A. I pointed it out.
21 Q. Okay. Now, you don't know who she's
22 talking to there, do you? "The knife was lying over
23 there and I already picked it up."
24 A. I wouldn't make a determination on
25 that.
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1 Q. Okay. By this time the arresting
2 officer is there, isn't he?
3 A. Yes, the officers are there.
4 Q. And the very first time the knife ever
5 comes up, going back in the transcript, is when the 911
6 operator says, "Don't touch anything." Isn't that right?
7 A. I wouldn't --
8 Q. You don't remember that?
9 A. Well, let me just look at it.
10 Q. Why don't you look at it. You see --
11 A. I think that the actual first time the
12 knife is mentioned was a sequence of events in which she
13 describes to the operator something about a knife was --
14 he threw the knife down.
15 Q. Okay. What did the operator say back?
16 A. She --
17 Q. She said, "Don't touch anything,"
18 didn't she?
19 A. No, I think this is at two minute and
20 14 seconds and 23 frames. The operator responds, "Okay.
21 Stay on the phone with me."
22 Q. Okay.
23 A. She just explained to the operator,
24 "Some man came in and stabbed my babies, stabbed me. I
25 woke up. I was fighting. He ran out through the garage
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1 and threw the knife down."
2 Q. Okay. Look at 408. 405.03, pick up
3 there. That's my phrase, "Y'all look out in the garage."
4 A. Yes.
5 Q. And CO1, "There's a knife. Don't
6 touch anything." And the response, "I already touched it
7 and picked it up."
8 A. Yes, I see that.
9 Q. So the first time anybody talks about
10 touching a knife is when the CO, the communications
11 officer says, "Don't touch anything"?
12 A. Could you repeat that.
13 Q. First time there is any reference
14 about touching evidence, and I'm not talking about the
15 description of somebody being stabbed, about touching the
16 knife is when communication officer says, "Don't touch
17 anything. There's a knife, don't touch anything"?
18 A. Okay.
19 Q. The female caller answers, "I already
20 touched it and I picked it up." Isn't that right?
21 A. Looking through the transcript of what
22 I have interpreted, yes, if you're speaking specifically
23 of touching the knife, yes.
24 Q. Okay. That's what I'm speaking of.
25 A. Okay.
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1 Q. And then when you go to -- then when
2 you go to section 6, that we're just starting to talk
3 about 501.15.
4 A. Yes, sir.
5 Q. The 911 operator says, "You need to
6 let the police officers in the door."
7 The female caller, "The knife was
8 laying over there and I already picked it up." She could
9 have been talking to the police officer there, couldn't
10 she?
11 A. Yes, she could have.
12 Q. Matter of fact, that's what it sounds
13 like on the tape, doesn't it?
14 A. As I recall, she could have been
15 speaking to somebody in the room.
16 Q. Okay.
17 A. I couldn't make a determination of who
18 was in the room that she was speaking to.
19 Q. Okay. Now, then, let's go to frame 7.
20 And there's the statements in there about female caller,
21 "There's nothing touched. There's nothing touched," in
22 that phrase. Now the police officer had already told her
23 that a good bit earlier, hadn't he? They didn't touch
24 anything?
25 A. I think the police officer told her
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1 that "Nothing was gone. Nothing's gone." I don't think
2 he said, "Nothing is touched."
3 Q. Does that make any difference? I
4 mean, that's the same phraseology, isn't it? "Nothing's
5 gone. Nothing's touched. They didn't take anything"?
6 A. No, I wouldn't agree with that.
7 Q. You don't agree that those are the
8 same things?
9 A. Nothing is gone would -- my
10 interpretation would be maybe, "Nothing was stolen.
11 Nothing was taken from the house valuable."
12 Q. You don't think you would walk in your
13 house and say, "There's nothing touched?" That's not the
14 same thing as saying "Nothing is taken." "They didn't
15 touch a thing."
16 A. I think the police officer's words
17 were, "Nothing is gone, Mrs. Routier."
18 Q. But in any event, the first reference
19 to touching the knife, "Don't touch the knife," comes
20 from the communication's officer, doesn't it?
21 A. That I can detect on the tape.
22 Q. And the first reference to "Nothing's
23 stolen," comes from the police officer. Or "Nothing is
24 gone," or whatever it was he said. That also came from
25 the police officer, didn't it?
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1 A. Yes, I would agree with that.
2 Q. Okay.
3 A. As the transcript is written.
4 Q. If I understand your -- how much did
5 all this stuff cost?
6 A. Is that -- do I have to answer an
7 exact figure?
8 Q. Well, I mean --
9 A. Because I haven't finished billing.
10 Q. Okay. You're still -- you're not home
11 yet, huh?
12 A. No.
13 Q. Okay. Well, give me what you know
14 then. How much are you charging for your testimony here
15 today?
16 A. I'm not being paid for my testimony
17 today. I'm being paid for the work previous.
18 Q. Okay. Well, what was that -- how much
19 did all that cost?
20 A. It will run about $10 thousand, with
21 all of the prep, with the laser disks, with everything
22 else.
23 Q. Okay. Now, and you said that the only
24 thing you were given was, I think it's maybe 18-A -- or
25 did -- that's right, you started with the big tape.
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1 Right? That's called a Dictaphone tape?
2 A. Yes, I did.
3 Q. And that was the only thing you were
4 given?
5 A. Yes, it is.
6 Q. How did you identify the voices?
7 A. Just -- I did not identify the voices
8 as particular people, I identified them as male or
9 female, very generic terms.
10 Q. Well, how did you identify the
11 difference between a male caller and a police officer?
12 They're both males, aren't they?
13 A. Yes, they are.
14 Q. How did you know which one was which?
15 A. There is one that is texture in voice.
16 Q. Okay. So --
17 A. There's a thing called thermal
18 imaging, in which you compare the voice prints.
19 Q. Okay. And so you did that on Officer
20 Waddell to determine which one was him and which one was
21 Darin Routier?
22 A. Yes.
23 Q. And you got a voice sample from
24 Waddell?
25 A. No, I did not.
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1 Q. Did you get a voice sample from Darin
2 Routier?
3 A. No, I did not
4
5 MR. RICHARD C. MOSTY: I'll pass the
6 witness.
7 THE COURT: Anything else, Mr. Davis?
8 MR. GREG DAVIS: Yes, sir.
9
10 REDIRECT EXAMINATION
11
12 BY MR. GREG DAVIS:
13 Q. Mr. Dickey, I have a couple of
14 questions for you. If we could, let's go to that part of
15 the tape where the female caller is saying, "Who is
16 breathing," and then, "Are they still laying there?"
17 Do you recall that portion of the
18 tape?
19 A. Yes, I do.
20 Q. And as I recall, you testified, those
21 are made in the slightly dampened room. Correct?
22 A. Yes.
23 Q. And then by the time the female caller
24 is saying, "Oh my God. What do we do? Oh my God," that
25 she has now moved into a very reflective room; is that
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1 right?
2 A. That is true.
3 Q. Now, looking at the floorplan that Mr.
4 Mosty was showing to you, let me just ask you, sir, if
5 that would be consistent with the female caller being
6 initially in the family room when she was making the
7 statement, "Who is breathing? Are they still laying
8 there?"
9 And then moving deep into the kitchen
10 when she is saying, "Oh my God, what do we do? Oh my
11 God." Would that be consistent with what you heard on
12 that tape?
13 A. Yes, it would be.
14 Q. Let me ask you too, during that
15 portion of the tape, where we have the female caller
16 going into that reflective room, and saying, "Oh my God,
17 what do we do? Oh may God. Oh my God." While she's in
18 this very reflective portion of the house, sir, do you
19 hear any sound on that tape that you would interpret to
20 be running water?
21 A. No. It would have been listed. There
22 was -- I detected no sound like that.
23 Q. Okay. So if you had detected that,
24 the sound of running water, would you have placed that on
25 the transcript that the jurors have?
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1 A. Yes, I would.
2 Q. And it's not on there, is it?
3 A. No, it's not.
4 Q. Because you didn't hear it?
5 A. No, I did not.
6 Q. Okay. And Mr. Dickey, again, the
7 laser disk that is now evidence, just so we're clear,
8 if -- you can access the 7 portions of testimony that Mr.
9 Mosty was referring to. Correct?
10 A. Yes, you can.
11 Q. But if you choose to access the entire
12 video transcript, starting from 00, all the way down
13 through the end of the transcript there at 5:44.28, you
14 can access that and you can see that in it's entirety,
15 can't you?
16 A. Yes. In two forms, one with
17 transcript and one completely without.
18 Q. All right. So there's actually two
19 choices. If you just want to hear the sound all the way
20 through, you can do that, right?
21 A. That's correct.
22 Q. If you want to view the video
23 transcripts we've used you can do that?
24 A. That is correct.
25 Q. If you want to view just one of the
Sandra M. Halsey, CSR, Official Court Reporter
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1 seven individual clips, you can do that also, right?
2 A. That is correct.
3 Q. Let me ask you, Mr. Mosty (sic), in
4 our dealings throughout this case, have I ever suggested
5 to you in anyway what ought to be on your final
6 transcript there?
7 A. No, you have not.
8
9 MR. GREG DAVIS: I'll pass the witness
10
11
12 RECROSS EXAMINATION
13
14 BY MR. RICHARD MOSTY:
15 Q. Mr. Dickey, just to follow up real
16 quickly on what Mr. Davis said. If I understand, every
17 sound that you heard, you identified?
18 A. Every sound that was audible to me is
19 on the transcript.
20 Q. Okay. Now, and that included, did it
21 not, a dog barking?
22 A. Yes.
23 Q. That dog was upstairs, or could you
24 tell?
25 A. I could not tell where the dog was in
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1 proximity to the phone.
2 Q. But you heard the dog?
3 A. Yes. There is a sound of a barking
4 dog.
5 Q. Okay. Mr. Dickey, tell me what was on
6 television that night while this was playing?
7 A. I could not tell you what was
8 programed that night.
9 Q. Well, how come you couldn't hear the
10 TV? Why aren't you able to tell me what the program was,
11 what was being said on the TV that was on?
12 A. It obviously wasn't in close enough
13 proximity to the telephone.
14 Q. So you heard the dog, but did not hear
15 the TV. Am I right?
16 A. That's right.
17
18 MR. RICHARD C. MOSTY: Okay. What is
19 my next exhibit number?
20 MR. DOUGLAS MULDER: 17.
21 MR. RICHARD C. MOSTY: Your Honor, we
22 would offer Defendant's 17.
23 MR. GREG DAVIS: We will object to it
24 as being hearsay.
25 THE COURT: Sustained.
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1 BY MR. RICHARD MOSTY:
2 Q. Does Exhibit 17 fairly depict what you
3 have testified to as I have written it down as you have
4 said it?
5 A. Could you be a little more specific?
6 Q. Well, I mean, I wrote these down,
7 didn't I, as your words and as you testified?
8 A. Maybe not in complete but -- I don't
9 understand why there is a particular phrase as "Darlie,
10 y'all look out."
11 Q. How about Darlie said, "Y'all look out
12 in the garage"?
13 A. How about female caller?
14 Q. Okay. FC said, "Y'all look out in the
15 garage." What I've written up here fairly describes what
16 you've testified to here today, isn't it?
17 A. Parts of what I have testified to,
18 true.
19 Q. Right. But everything that is up
20 there is a fair depiction of something you testified to?
21 A. True.
22
23 MR. RICHARD C. MOSTY: I'll offer 17
24 again.
25 MR. GREG DAVIS: We will re-urge or
Sandra M. Halsey, CSR, Official Court Reporter
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1 objection as still hearsay.
2 THE COURT: Same ruling. Let's move
3 on. Any other questions?
4 MR. JOHN HAGLER: Your Honor, it's
5 simply a summary of his prior testimony. It's not
6 hearsay. It's offered under oath in Court. That's
7 fair --
8 MR. GREG DAVIS: Well, let me just
9 ask. If all of these exhibits -- it's my understanding
10 that these exhibits -- whatever exhibits are contained
11 here on this pad, that they're being offered, that they
12 were offered for demonstrative purposes only. Is that my
13 understanding?
14 MR. DOUGLAS MULDER: Well, Judge,
15 they're like anything else. They came in and they were
16 in for all purposes. There is no restriction on them.
17 THE COURT: Well, yours came in
18 because there was no objection made. An objection was
19 made to this -- it is in the nature of notes, and Mrs.
20 Halsey is the official notetaker.
21 MR. RICHARD C. MOSTY: But that wasn't
22 the objection, Your Honor.
23 THE COURT: Well, I still -- it's
24 hearsay. If the Court has made an error, you can appeal
25 that to the Court of Appeals later on. That's my ruling.
Sandra M. Halsey, CSR, Official Court Reporter
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1 That's what it's going to be. So let's go ahead with the
2 next question or get the witness off the stand.
3 MR. RICHARD C. MOSTY: Pass the
4 witness.
5 MR. GREG DAVIS: No further questions.
6 THE COURT: You may step down. Thank
7 you for coming. I'm sure this witness will be going back
8 to Dallas?
9 MR. GREG DAVIS: Yes, sir.
10 MR. RICHARD C. MOSTY: Your Honor, I
11 think there's something that we're required by law to
12 take up outside the presence of the jury right now.
13 THE COURT: Well, can I see both
14 sides?
15
16 (Whereupon, a short
17 discussion was held off
18 the record, at the side
19 of the bench, and
20 outside the hearing of
21 the jury, after which
22 time the proceedings
23 were resumed on the
24 record as follows:)
25
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1 THE COURT: Well, let's step outside
2 the Courtroom, please, ladies and gentlemen. Just go
3 back to the jury room.
4
5 (Whereupon, the jury
6 Was excused from the
7 Courtroom, and the
8 Proceedings were held
9 In the presence of the
10 Defendant, with her
11 Attorney, but outside
12 The presence of jury
13 As follows:)
14
15 THE COURT: Let the record reflect
16 that these proceedings are being held outside the
17 presence of jury and all parties of trial are present.
18 Mr. Mosty.
19 MR. RICHARD C. MOSTY: Yes, your
20 Honor, the defendant objects to the comment that the
21 Court just made about that we may take it up on appeal,
22 or whatever.
23 The word appeal is the operative word
24 here. That if we have an objection, we can take it up on
25 appeal suggests that the defendant would be convicted,
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1 and is a comment by the Court, and we'd move for a
2 mistrial.
3 THE COURT: Motion for mistrial
4 denied.
5 Bring the jury back in, please. Thank
6 you.
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 The jury is instructed to disregard
22 the Court's use of the word "appeal" in the last
23 statement. You're not to consider it for any purpose
24 whatsoever.
25 Come on up, please.
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706

1 MR. TOBY L. SHOOK: We'll call Dr.
2 Santos.
3 THE COURT: Dr. Santos.
4 MR. TOBY L. SHOOK: This witness has
5 not been sworn, Judge.
6 THE COURT: Doctor, if you'll raise
7 your right hand, please.
8
9 (Whereupon, the witness
10 Was duly sworn by the
11 Court, to speak the truth,
12 The whole truth and
13 Nothing but the truth,
14 After which, the
15 Proceedings were
16 Resumed as follows:)
17
18 THE COURT: Have a seat right here,
19 please, sir.
20 All right. Go ahead, please.
21
22
23
24
25
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1 Whereupon,
2
3 DOCTOR ALEJANDRO SANTOS,
4
5 was called as a witness, for the State of Texas, having
6 been first duly sworn by the Court to speak the truth,
7 the whole truth, and nothing but the truth, testified in
8 open court, as follows:
9
10
11 DIRECT EXAMINATION
12
13 BY MR. TOBY L. SHOOK:
14 Q. Would you state your name, please.
15 A. Alex Santos, S-A-N-T-O-S.
16 Q. And how are you employed, sir?
17 A. I'm self-employed as a physician.
18 Q. And where do you work?
19 A. In Dallas, at Baylor University of
20 Medical Center.
21 Q. Okay. Could you tell the jury your
22 educational and professional training that you have for
23 the position that you hold, please.
24 A. I attended the University of Texas at
25 San Antonio and graduated there with a Bachelor of
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708

1 Science degree. Then attended the University of Texas
2 Medical Branch in Galveston for medical school. And then
3 did my surgical training at Methodist Hospital in Dallas.
4 Q How long have you been at Baylor
5 Hospital?
6 A. I was in private practice at Baylor
7 University of Medical Center in Dallas for approximately
8 five years.
9 Q. And what did you do there? What were
10 your duties there at Baylor?
11 A. I specialized in trauma surgery,
12 critical care management and general surgery.
13 Q. Okay. Tell the jurors what trauma
14 surgery is.
15 A. Trauma surgery has to do with dealing
16 with patients who have suffered traumatic injuries, such
17 as gunshot wounds, stab wounds, car wrecks, falls, that
18 sort of trauma.
19 Q. Okay. Do you deal with people that
20 are brought into the emergency room and need immediate
21 treatment, and that sort of thing?
22 A. Yes, sir, that's where I get all of
23 the trauma patients.
24 Q. And let me turn your attention back to
25 June 6th, 1996, and ask if you were on duty in those
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709

1 early morning hours.
2 A. Yes, sir, I was on trauma call for
3 Baylor at that time.
4 Q. Tell the jurors what trauma call is.
5 A. Trauma call just means that there is a
6 specified trauma surgeon that will take care of the
7 trauma patients that night. It's usually on call for a
8 24 hour period, take it about every third or fourth day.
9 Q. Okay. And tell the jurors where
10 Baylor Hospital is located.
11 A. It's just east of downtown Dallas.
12 Q. Is it a small or large hospital?
13 A. Large hospital.
14 Q. About how large is it?
15 A. 750 beds. It's a community hospital,
16 but it's a pretty large size.
17 Q. Been there a pretty long time?
18 A. Yes, sir.
19 Q. And as part of your duties, do you
20 supervise other doctors there that help out in the
21 emergency room?
22 A. Yes. Part of my duties are to help
23 with the surgery resident training.
24 Q. Okay. And did you have several
25 surgery residents in training on that date?
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1 A. Yes. Every day there's a team of
2 surgery residents on call with the trauma surgeon.
3 Q. Okay. Is one of those surgeons also a
4 Dr. Dillawn?
5 A. Yes, sir.
6 Q. Okay. Were you actually there at the
7 hospital that entire morning, or what time did you get
8 there?
9 A. I had been there on and off during the
10 day. And I happened to be in the emergency room at this
11 time getting ready to leave.
12 Q. Okay. So you're getting ready to go
13 home when a call comes in?
14 A. Yes, sir.
15 Q. Okay. Do you recall about what time
16 it was?
17 A. Somewhere around midnight. I remember
18 it was close to the early morning hours.
19 Q. Sometime in the early morning hours?
20 A. Yes.
21 Q. Now y'all keep pretty good records
22 there at Baylor; is that right?
23 A. Yes. The nurses keep excellent
24 records.
25 Q. Okay.
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711

1 (Whereupon, the following
2 mentioned item was
3 marked for
4 identification only
5 as State's Exhibit 53-C,
6 after which time the
7 proceedings were
8 resumed on the record
9 in open court, as
10 follows:)
11
12 MR. TOBY L. SHOOK: Judge, at this
13 time we'll offer what's been marked as State's Exhibit
14 53-C, which has been on file with the Court.
15 MR. RICHARD C. MOSTY: No objection,
16 your Honor.
17 THE COURT: State's Exhibit 53-C is
18 admitted.
19 MR. TOBY L. SHOOK: May I approach the
20 witness?
21 THE COURT: You may.
22
23 (Whereupon, the documents
24 heretofore mentioned were
25 marked and received in
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712

1 evidence as State's
2 Exhibit No. 53-C, after
3 which time, the
4 proceedings were resumed
5 as follows:)
6
7 BY MR. TOBY L. SHOOK:
8 Q. Doctor, let me show you what's been
9 marked and entered in evidence as State's Exhibit 53-C
10 and ask you to take a look at those. Do you recognize
11 those as copies of Baylor medical records?
12 A. Yes, they are.
13 Q. Okay. And are they Baylor medical
14 records pertaining to Darlie Routier?
15 A. Yes, they are.
16 Q. Okay. Now. I'll just ask you to keep
17 those notes close to you in case you need to refer to
18 them at any time during your testimony. In fact, would
19 the time she arrives there at the emergency room, would
20 that be reflected in the notes?
21 A. Yes, it should be in the -- what's
22 called the trauma sheet.
23 Q. If you could just take a moment there
24 and find that for us, please.
25 A. Okay. Here in the trauma records, the
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713

1 first time noted when she was -- had her vital signs
2 taken, which is blood pressure, and those kind of things,
3 that are done pretty much as soon as she gets in. The
4 time is 03:25.
5 Q. So is that going to be 3:25 in the
6 morning?
7 A. Correct.
8 Q. That's when she hits the emergency
9 room; is that right?
10 A. Correct.
11 Q. Now, had you been notified a little
12 bit earlier that she would be on her way?
13 A. Yes.
14 Q. Okay. And was she going to be just
15 transported there herself, or was there going to be
16 someone else also?
17 A. I had been notified that there were
18 two stab victims coming in. One was a child and one was
19 an adult.
20 Q. As far as what happened, you're not
21 given that type of information?
22 A. No.
23 Q. Okay. What do you do to get ready to
24 receive these two stabbing victims?
25 A. Most of the time we prepare -- we have
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714

1 several trauma rooms to take care of the trauma patients
2 in. We usually call the trauma surgery residents to come
3 down and help. I just happened to be in the emergency
4 room at that time and the residents happened to be in the
5 emergency room at the same time caring for other
6 patients, so we prepared for these two patients by
7 getting two trauma rooms ready.
8 I sent my chief surgery resident to
9 one room, with another lower level resident to prepare
10 for the adult patient, and I took one of the other
11 surgery residents with me to prepare to receive the
12 child.
13 Q. Okay. And which patient arrived
14 first, the woman or the child?
15 A. I'm not sure. I know when the child
16 arrived he was brought directly to my room. And sometime
17 around that time the woman was taken to the other room.
18 Q. Okay. So they arrived pretty close
19 together?
20 A. Yes.
21 Q. But you're not sure which arrived
22 first?
23 A. Correct.
24 Q. Okay. The first patient you saw,
25 would that be the child?
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715

1 A. Yes.
2 Q. Could you describe the child?
3 A. He was a white male, about 5 or 6
4 years old. Had no signs of life on arrival. Brought in
5 by the paramedics. We examined him, found multiple stab
6 wounds to the back. I examined him closer and found no
7 evidence of life and I pronounced him dead at the scene.
8 Q. And did your examination take place
9 there in one of the trauma rooms?
10 A. Yes.
11
12 (Whereupon, the following
13 mentioned items were
14 marked for
15 identification only
16 as State's Exhibit 52-J & K,
17 after which time the
18 proceedings were
19 resumed on the record
20 in open court, as
21 follows:)
22
23 BY MR. TOBY L. SHOOK:
24 Q. Okay. Let me show you two photographs
25 and ask if you can recognize these to be photos of the
Sandra M. Halsey, CSR, Official Court Reporter
716

1 boy that you saw in the trauma room.
2 A. Yes, they are.
3 Q. And you're looking at photograph,
4 State's Exhibit 52-J and 52-K?
5 A. Correct.
6
7 MR. TOBY L. SHOOK: Your Honor, at
8 this time we would offer State's Exhibit 52-J and K.
9 MR. RICHARD C. MOSTY: No objection.
10 THE COURT: State's Exhibit 52-J and K
11 are admitted.
12
13 (Whereupon, the documents
14 heretofore mentioned were
15 marked and received in
16 evidence as State's
17 Exhibit No. 52-J & 52-K,
18 after which time, the
19 proceedings were resumed
20 as follows:)
21
22 BY MR. TOBY L. SHOOK:
23 Q. Let me hold up State's Exhibit 52-J
24 first. Is this a photograph of how the child appeared as
25 he lay there?
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717

1 A. Yes, except he did not have the paper
2 bags on his hands when he arrived.
3 Q. Were those placed there later by
4 Rowlett Police Officers?
5 A. Or by the emergency room nurses.
6 Q. Or by the emergency room nurses.
7 Okay. But the devices here attached to him, he came in
8 that way?
9 A. Yes.
10 Q. Okay. State's Exhibit 52-K, does this
11 show the wounds as you saw them to his back?
12 A. Yes.
13 Q. Okay. And did you probe the wounds?
14 A. Yes, I did.
15 Q. Okay. Could you tell the jurors what
16 probing the wounds is.
17 A. Just examining them. If you probe a
18 wound with an instrument, or with your gloved finger, and
19 I did it with my gloved finger.
20 Q. And did you probe all of the wounds?
21 A. Yes. The top three over here appear
22 to be to go down to the level of the ribs and the muscle
23 and stop there. But these larger wounds went into the --
24 this one went into the thoracic cavity, which is the
25 cavity where the lung is located. And this bottom one
Sandra M. Halsey, CSR, Official Court Reporter
718

1 went into the abdominal cavity, which is where the
2 stomach, spleen, liver, and all of those internal organs
3 were.
4 Q. Were these deep penetrating wounds?
5 A. Yes, very deep.
6 Q. Okay. After you had pronounced the
7 child dead when he got there, there wasn't anything you
8 could do for him; is that correct, Doctor?
9 A. Correct.
10 Q. After you pronounced him dead, did you
11 go and see about the other stabbing victim?
12 A. Well, actually, before I left the room
13 the other resident that was in with the adult patient
14 came in and said, "She needs to go to the operating
15 room." So, after I pronounced the child dead, I left the
16 room and went to the other room to see the adult patient.
17 Q. And what was going on when you went
18 into that room?
19 A. There was a lot of people in the room,
20 there was a lot of commotion going on, but I got a chance
21 to see her. She had a laceration to the neck, with a lot
22 of blood on her chest and her body. And I agreed with
23 the surgery resident, that in view of those injuries we
24 needed to take her to the operating room to explore the
25 wounds.
Sandra M. Halsey, CSR, Official Court Reporter
719

1 Q. Okay. Now, did you later come to know
2 this patient that you saw in there as Darlie Routier?
3 A. Yes.
4 Q. Okay. Do you see her in the courtroom
5 today?
6 A. Yes.
7 Q. Could you point her out, please.
8 A. Yes, she's over there at the defense
9 table.
10 Q. Okay. The woman here sitting with the
11 coat draped around her?
12 A. Yes.
13
14 MR. TOBY L. SHOOK: Your Honor, could
15 the record reflect that the witness has identified the
16 defendant here in open court.
17 THE COURT: Yes, sir.
18
19 BY MR. TOBY L. SHOOK:
20 Q. Now, you go in there, you see a --
21 describe the wound you saw to her neck.
22 A. When I walked in the room, she had a
23 slash wound, or a laceration to the neck, kind of
24 tangentially going from the right side to the left, or
25 left side to the right, across here, across this area,
Sandra M. Halsey, CSR, Official Court Reporter

720

1 across her neck. And as I said, she had a lot of blood
2 on her. Because the residents had already examined her,
3 and based on my quick evaluation at the time, I felt it
4 would best be managed up in the operating room.
5 Q. Okay. Tell the jurors why it's best to
6 go immediately to the operating room with that type of
7 wound?
8 A. You don't want to take any chances
9 with any type of neck wounds. There are a lot of vital
10 structures in the neck. The vessels that feed blood to
11 your brain and vessels that bring the blood back to your
12 heart. As well as your trachea, the voice box. All
13 those kind of injuries can be very devastating if they're
14 not taken care of right away. So it's usually better to
15 go examine those in the operating room and get better
16 control in case you get into trouble.
17 Q. All right. You do a rather quick
18 assessment down there in the emergency room; is that
19 correct?
20 A. Yes.
21 Q. Okay. And do you have certain terms,
22 or what you call zones for areas of the neck?
23 A. Yes. The neck area, as far as
24 injuries are concerned, is divided into 3 zones. Zone 1
25 is just kind of the lower area where your collar bone and
Sandra M. Halsey, CSR, Official Court Reporter
721

1 clavicle are down. Zone 2 is from above the clavicle, up
2 to about where the Adam's apple is in the man, about this
3 area. And then zone 3 is from about where the angle of
4 the mandible is here on up. And that's how we describe
5 the injuries to the neck, zone 1, zone 2, zone 3.
6 Q. This particular injury, was it in the
7 zone 2 area?
8 A. Yes, it was.
9 Q. Okay. Any time you get any type of
10 injury, any cut to the zone 2 area, do you take the
11 patient to the operating room?
12 A. Yes.
13 Q. And you do what is called exploratory
14 surgery?
15 A. Correct.
16 Q. What about if it was down in the zone
17 1, in the clavicle area?
18 A. Then you have to think about doing
19 some studies. If the patient is stable enough and have
20 injuries done to zone 1, then you worry about the large
21 blood vessels coming out of the heart. That's a
22 different approach, a different type of surgery. And if
23 the patient is stable enough, you wait and do some X-ray
24 studies and figure out what you need to do.
25 Q. See any significant cut here at all, a
Sandra M. Halsey, CSR, Official Court Reporter
722

1 cut to the neck in zone 2, you take them to the operating
2 room; is that correct?
3 A. That's correct.
4 Q. And is that what you did with Ms.
5 Routier?
6 A. Yes, we did.
7 Q. All right. Were you in there and
8 helping in the performance of the surgery?
9 A. Yes, I was.
10 Q. Okay. Describe for the jurors what
11 type of surgery was performed.
12 A. Well, it's call exploratory surgery
13 again because we're looking for injuries. We don't know
14 what's injured yet. We took her up to the operating
15 room, gave her general anesthetic, where she was out.
16 We washed the wounds, cleaned this all
17 out, and were able to look at it. Once we had her up in
18 the operating room, under the anesthetic, with everything
19 cleaned and prepped, there was very little bleeding at
20 this time.
21 So, we explored the wound and found
22 that most of the bleeding had come from the veins that
23 are located underneath the skin, in kind of, in what's
24 called subcu, or the fat tissue that's underneath your
25 skin.
Sandra M. Halsey, CSR, Official Court Reporter
723

1 There's a bunch of veins here in the
2 neck area. Some of those were injured. We repaired
3 those by either using the electrocautery, which is an
4 electric type of current that coagulates the vessels, or
5 we put some stitches in the small vessels. We washed out
6 the rest of the wound.
7 We noted that the wound went down to
8 what is called the platysma, which is the muscle that
9 kind of covers your neck here. When you do that, you can
10 see it flexing. Her wound went down to the platysma, had
11 a little nick in it, but did not go beyond it. So,
12 having found that extent of the injury, we washed that
13 out and closed the neck wound.
14 Q. Okay. So you took her in and, I
15 guess, she was put to sleep?
16 A. Correct.
17 Q. And then you take a look at this wound
18 you have on the neck?
19 A. Right.
20 Q. About -- was it just one wound to the
21 neck?
22 A. There was one wound to the neck, there
23 was another separate wound to the left shoulder, and a
24 separate wound to the right forearm.
25 Q. Which wound were you primarily
Sandra M. Halsey, CSR, Official Court Reporter
724

1 concerned with?
2 A. With the neck injury.
3 Q. And could you tell the jurors how long
4 this wound in the neck was?
5 A. We didn't measure it, but we estimated
6 it was approximately 9 centimeters long.
7 Q. You say it came across partly on the
8 right side?
9 A. It went from the right to the left. I
10 can't tell you where it started, but it extended from the
11 one side to the other, just passed the midline on the
12 left side.
13 Q. Now, you say that it went to the --
14 what's called the platysma; is that right?
15 A. Platysma, yes.
16 Q. And did you measure how deep the wound
17 was?
18 A. No. We usually don't measure wounds
19 because it doesn't matter, the depth of the injury. What
20 matters is in relationship to the other structures, like
21 the platysma. In the neck, that's kind of a defining
22 boundary. If it goes past the platysma, it's considered
23 a deep wound.
24 In that case, we may have to do
25 further exploration and open up the wound more. If it
Sandra M. Halsey, CSR, Official Court Reporter
725

1 goes to the platysma, then is called superficial wound.
2 Q. Okay. So, in laymen's terms, this
3 wound cut through, I guess, the skin and fat; is that
4 right?
5 A. Correct.
6 Q. Okay. And the little veins that are
7 contained in the skin and the fat?
8 A. Correct.
9 Q. But didn't penetrate the muscle that's
10 below the skin and fat?
11 A. Correct, did not.
12 Q. And in your terms, you call that a
13 superficial wound; is that right?
14 A. Yes, sir. The medical description,
15 that's a superficial wound.
16 Q. And you can't tell that there in the
17 emergency room; is that right?
18 A. Right. And you don't need to take the
19 time in the emergency room to do that. With a wound to
20 the neck at zone 2, the best thing to do is take them to
21 surgery and explore them there.
22 Q. Okay. And that's what you did in this
23 case?
24 A. Yes.
25 Q. And once you get in there, you find
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726

1 it's -- all it did is cut through the fat and cut the
2 veins and the fat and went down to the, what you call the
3 platysma; is that right?
4 A. Correct.
5 Q. So, what did you do to repair that
6 wound?
7 A. As I said, we washed it out and made
8 sure that the bleeding was controlled, and then put some
9 sutures in there to close the wound completely and put a
10 dressing on that.
11 Q. Okay. So, you made sure the bleeding
12 was controlled from these veins that were cut?
13 A. Um-hum. (Witness nodding head
14 affirmatively).
15 Q. And then just sewed -- did you sew
16 Mrs. Routier up?
17 A. Yes. We put what is called a
18 subcuticular stitch underneath the skin, but we closed
19 the wound up completely.
20 Q. Okay. Now, could you tell the jurors
21 about the other injuries that you looked at?
22 A. Yes. She also had a separate
23 laceration or wound to the left shoulder, and another one
24 to the right forearm. Those were not actively bleeding.
25 Those were not our main priority when we got into
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1 surgery.
2 Once we determined that the neck wound
3 was under control, we finished and we closed that, then
4 we turned our attention to the other two wounds, and
5 washed them out, determined that there was no foreign
6 body left in there, like a piece of glass, or piece of
7 metal from the knife, whatever had caused the injury.
8 We determined that there was no active
9 bleeding. Again, cleaned them out, washed them out, and
10 then closed both of those wounds.
11 Q. Could you tell how deep this wound was
12 here on the clavicle?
13 A. The one -- the clavicle is really the
14 shoulder bone, this was a little bit lower than that, it
15 went through the skin into the fat, and right to the
16 muscle and stopped there. And again, no active bleeding,
17 so that's also considered a superficial wound.
18 The one on her forearm down here also
19 went down through the skin, through the fat and into the
20 muscle. But by the time we got her up in surgery, and
21 looked at it, there was no active bleeding, so we just
22 washed that out and closed that as well.
23 Q. Okay. If she just had this wound
24 here, this smaller wound here on the clavicle and the
25 wound to the arm, would you have taken her and operated
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1 on her at all?
2 A. No. Those would be wounds that could
3 be examined and probably closed in the emergency room and
4 sent home.
5 Q. Just sewed up and sent home?
6 A. Correct.
7 Q. Okay. Did you see any other major
8 cuts on her that needed to be tended to?
9 A. No. We examined her when we had her
10 up in the operating room, since she was under an
11 anesthetic, and we didn't want to cause any discomfort.
12 We examined all three of these wounds
13 that I've talked about. We repaired those. We looked to
14 make sure she had no other stab wounds to her back or
15 anywhere else. We did not find any other injury.
16 Q. You looked pretty close for any
17 injuries; is that right?
18 A. Yes, sir.
19
20 MR. TOBY L. SHOOK:: May I approach
21 the witness?
22 THE COURT: You may.
23
24 (Whereupon, the following
25 mentioned item was
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1 marked for
2 identification only
3 as State's Exhibit 28-A & B,
4 after which time the
5 proceedings were
6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. TOBY L. SHOOK:
11 Q. Let me show you two photographs marked
12 State's Exhibits 28-A and 28-B. Do these look like the
13 wounds that you treated on Mrs. Routier?
14 A. Yes.
15 Q. Okay. And 28-B had, I guess, some
16 type of strips across it?
17 A. It's called Steri-strips or butterfly
18 bandages.
19 Q. Okay. But that's how they looked
20 after she was treated?
21 A. Yes.
22 Q. Okay.
23
24 MR. TOBY L. SHOOK: We'll offer
25 State's Exhibit 28-B and 28-A.
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1 MR. RICHARD C. MOSTY: No objection,
2 Your Honor.
3 THE COURT: State's Exhibit 28-A and B
4 are admitted.
5
6 (Whereupon, the above
7 mentioned item was
8 received in evidence
9 as State's Numbers 28-A & B,
10 for all purposes
11 after which time,
12 the proceedings were
13 resumed on the record,
14 as follows:)
15
16 MR. TOBY L. SHOOK: Okay. Could I
17 have the doctor step down for just a minute?
18 THE COURT: Please step down, Doctor.
19 Watch your step going over there.
20
21 (Whereupon, the witness
22 Stepped down from the
23 Witness stand, and
24 Approached the jury rail
25 And the proceedings were
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1 Resumed as follows:)
2
3 BY MR. TOBY L. SHOOK:
4 Q. Let me caution you to keep your voice
5 up now that you're not in front of the microphone.
6 A. Okay.
7 Q. Let me step back here so we can let
8 all of the jurors see. If you could point out, I guess,
9 does 28-B show the two injuries to the neck and then the
10 left shoulder area.
11 A. All right. This is the injury to the
12 neck here, the laceration, and then here's the second one
13 to the left shoulder.
14 Q. Okay. And this injury to the neck, it
15 starts right up in this area; is that right?
16 A. Um-hum. (Witness nodding head
17 affirmatively). It goes from the right crosses the
18 midline, which is right here. It goes to the left of the
19 midline and stops there.
20 Q. Okay. This was one long cut; is that
21 correct?
22 A. Correct.
23 Q. And then about how long was this cut?
24 A. Probably about an inch and a half.
25 Q. Okay. And again, it just went through
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1 the skin and the fat here on the neck, just down to the
2 platysma?
3 A. Correct.
4 Q. And then State's Exhibit 28-A, does
5 that show us the wound to the forearm?
6 A. Yes. That's the wound to the right
7 forearm extending about --
8 Q. If you could step back, Doctor.
9 A. -- about an inch and a half here on
10 her forearm. Again, that was washed out, and then you
11 could see the sutures that we used to close that.
12 Q. Okay. If she had just come in with
13 that, you would have just sewn her up there in the
14 emergency room?
15 A. Right.
16 Q. And then right above that wound, is
17 there another wound, a smaller wound?
18 A. Yes. Appears to be a small
19 laceration. We washed that out. There was no bleeding
20 from that. We thought that that would heal on its own
21 and did not require stitches.
22 Q. So it didn't require stitches, but it
23 was a laceration?
24 A. Yes.
25 Q. Okay. You can have a seat, Doctor.
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1 (Whereupon, the witness
2 Resumed the witness
3 Stand, and the
4 Proceedings were resumed
5 On the record, as
6 Follows:)
7
8 MR. TOBY L. SHOOK: Judge, if we could
9 have the Doctor step down and look at Mrs. Routier's neck
10 so I can get some testimony about where the wound was
11 located.
12 THE COURT: Yes, if you will do that.
13 All right.
14
15 (Whereupon, the witness
16 stepped down from the
17 witness stand, and
18 Examined the defendant's
19 Neck and the proceedings
20 Were resumed as
21 Follows:)
22
23 THE WITNESS: That's the wound we're
24 talking about.
25
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1 BY MR. TOBY L. SHOOK:
2 Q. Okay. And if you could point on the
3 defendant where that wound begins.
4 A. Well, it extends from here down to
5 here. You can see the scar over here.
6 Q. All right, Doctor, if you could maybe
7 just step around. If you could step over there, please.
8 A. Okay.
9 Q. All right. Turn away this way. All
10 right.
11 A. The incision was from here and comes
12 all the way down to here. It's a little more scarring in
13 the middle here, but this was the length of the incision
14 here.
15 Q. Okay. And if we could see the scar
16 here on the forearm, if you would turn that to the jury.
17 A. Yes. And that's the incision we saw.
18 That's a separate one noted on the photograph. This is
19 the laceration to the forearm.
20 Q. Okay. And is that about, after 6 or 7
21 months how you would expect the scarring to look?
22 A. Yes.
23 Q. Okay. Thank you.
24
25 (Whereupon, the witness
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1 Resumed the witness
2 Stand, and the
3 Proceedings were resumed
4 On the record, as
5 Follows:)
6
7 BY MR. TOBY L. SHOOK:
8 Q. Okay. Now, Doctor, after she was sewn
9 up and these wounds were cleaned up, what did you do with
10 her then?
11 A. After that she was extubated, which
12 means the breathing tube was taken out. And we put her
13 in the intensive care unit for recovery.
14 Q. Can you tell us how long this whole
15 procedure took to look at these wounds, the whole
16 operation?
17 A. I could look it up if you want the
18 exact time, approximately an hour, hour and a half.
19 There should be an operative record in here.
20 Okay. She came into -- was brought
21 into the operating room at 3:40 in the morning. The
22 operation, the actual surgery began at 3:50. We finished
23 the operation at 4:35. That was the neck exploration,
24 then we turned our attention to the other wounds, as I
25 mentioned, from 4:35 to 4:49.
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1 So, if you look at the whole time of
2 the operation, the time we examined and treated her neck
3 to the time we finished with the other injuries, it was
4 from 3:50 to 4:49, about an hour.
5 Q. And during that -- while she's under,
6 are you taking examination for any other injuries you
7 might see?
8 A. Yes, we did.
9 Q. Okay. And after that, where do you
10 put her in the hospital? What is done under your orders?
11 A. The patient can be taken either to a
12 recovery room to recover from the anesthetic, the affects
13 of the anesthetic, until they wake up, or they can be put
14 in the intensive care unit. In her case, we put her in
15 the intensive care unit.
16 Q. Why did you decide to do that?
17 A. My concern was, just from what little
18 I knew of what happened. That I knew she had been
19 injured, and I knew one of her children was dead that I
20 had seen in the ER. And I was told another child was
21 dead at the scene, I was afraid that all this might be a
22 little too much for her.
23 Plus, I knew that there would be a lot
24 of media around, and I didn't want her disturbed, so I
25 put her in the ICU really so we could take care of her a
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1 little bit closer and protect her from anybody who might
2 try to come in and bother her.
3 Q. Okay. What kind of patients are
4 usually taken to the ICU unit?
5 A. Usually critically ill patients that
6 need to be maintained on a ventilator, the breathing
7 machine. That's one criteria for putting someone in the
8 intensive care unit. Someone who is unstable. The blood
9 pressure is unstable, hard to manage. Someone who has
10 multiple injuries, like car wreck victims who will have
11 head, belly and pelvic injuries.
12 Q. Okay. So, Ms. Routier wasn't put in
13 the ICU because she was in critical condition by any
14 means?
15 A. No. Her injuries, by the time we
16 finished in the O.R., I felt pretty clear that we had
17 managed those, and those were of no further danger to
18 her. I was more concerned about her psychological state
19 after all this happened, when she would wake up, and
20 about protecting her from the media and all those kinds
21 of things.
22 Q. You were concerned being -- what you
23 knew about it was a stabbing and her two children had
24 been killed; is that right?
25 A. Correct.
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1 Q. And you were concerned about her
2 psychological state and how she might handle that?
3 A. Yes.
4 Q. And also didn't want the press coming
5 in and asking her questions?
6 A. Correct.
7 Q. Okay. Were you concerned she might --
8 well, be somewhat unstable when she woke up from the
9 operation?
10 A. Yes. I was afraid that once she knew
11 what had happened, that both children were dead, that she
12 might be in a very precarious psychological state.
13 Q. All right. Let me ask you, Doctor,
14 when someone is admitted, do you run a blood screen to
15 see if any drugs are present in the body?
16 A. Routinely on trauma patients,
17 particularly patients involved in car wrecks, we'll
18 almost always get an alcohol and drug screen to see if
19 there is any drugs involved.
20 On patients who are stabbed or shot,
21 or have injuries from falling, it kind of depends on
22 whose drawing the blood at the time. Sometimes the
23 emergency room physician will order it. Sometimes We
24 will order it. Sometimes the nurses will draw that blood
25 and they will get sent.
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1 Q. Was there some testing done in this
2 particular case?
3 A. Yes. There was -- she had a drug
4 screen drawn on admission.
5 Q. Okay. What was found in that?
6 A. It was positive for amphetamines.
7 Q. Okay. And do you know what particular
8 type of amphetamines?
9 A. No. All a drug screen will say is
10 that she is positive for a class of drugs, which
11 classified as amphetamines, but it won't tell you which
12 ones.
13 Q. Okay. And if a patient can talk, do
14 they give a medical history when they get there to the
15 emergency room?
16 A. Yes. They're asked, usually, in
17 detail about their medical history.
18 Q. Okay. And those records will be
19 reflected there?
20 A. Yes. Usually the emergency room
21 nurses will get all that information.
22 Q. And if Ms. Routier was -- when we talk
23 about amphetamines, would those be included in diet
24 pills?
25 A. Yes.
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1 Q. What is the opposite of amphetamines?
2 A. What's called downers, or Valium, or
3 things like that, that will depress your affect.
4 Q. Make you sleepy, put you to sleep,
5 that type of thing?
6 A. Right.
7 Q. Was any of that found in Ms. Routier?
8 A. No, only amphetamines.
9 Q. Okay. Which -- what do amphetamines
10 do?
11 A. As you said, they can be used in diet
12 pills, also other kinds of amphetamines. It's usually to
13 stimulate you.
14 Q. Okay. Oh, any alcohol found in Mrs.
15 Routier?
16 A. I don't remember if an alcohol level
17 was drawn on her.
18 Q. And is there any way you can tell how
19 much amphetamine is present in the body?
20 A. No, it doesn't measure the level, it
21 just says whether it's present or not.
22 Q. Okay. Let me talk to you a moment
23 again about the boy, Mrs. Routier's son. You didn't know
24 his name at that time, did you?
25 A. No, I did not.
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741

1 Q. Did you later learn his name was
2 Damon?
3 A. Yes.
4 Q. Okay. In 52-J, you probed the wounds
5 in the back; is that right?
6 A. Yes.
7 Q. These deep penetrating wounds, could
8 you tell, just from looking at them, some of the vital
9 parts of the body that they injured?
10 A. Yes. As I said, one of them that I
11 probed that went into his chest cavity, probably
12 collapsed his lung. I couldn't tell if there were any
13 other injuries in the chest cavity because there was no
14 active bleeding when he got there. He had already
15 sanguinated. And I presume that the cause of death was
16 loss of blood or sanguination.
17 Q. Okay. Go ahead.
18 A. The other injury that I probed, I went
19 into his abdominal cavity, the peritoneal cavity,
20 appeared to injure the liver.
21 Q. Okay. If someone -- you've seen
22 people in the E.R. that have been stabbed and had a
23 collapsed lung; is that right?
24 A. Yes.
25 Q. On few or many occasions?
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1 A. Many.
2 Q. Okay. If someone is stabbed in the
3 lung and it causes it to collapse, are they still able to
4 make noise?
5 A. Yes.
6 Q. Okay. Would they still be able to cry
7 out in pain?
8 A. Yes.
9 Q. Okay. And is that a normal reaction
10 when you get stabbed?
11 A. Yes.
12 Q. Okay. People make a lot of noise
13 there in the emergency room, I bet?
14 A. Yes, they do.
15 Q. And is it an instantaneously fatal
16 wound?
17 A. No. To have a collapsed lung can
18 cause some pain and discomfort and shortness of breath
19 and trouble breathing, but it won't kill you. If you get
20 what's called a tension pneumothorax, where there's a lot
21 of pressure in your lung, or actually outside the lung,
22 and pushing your vital organs, your heart and all that
23 over, that can cause your blood pressure to drop and it
24 may cause death eventually. But he did not have a
25 tension pneumothorax because it was open to the air. A
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1 tension pneumothorax, usually it's a closed system.
2 Q. So when he was stabbed, he would have
3 been capable of yelling out in pain?
4 A. I believe he would have, yes.
5 Q. And he would be capable of moving
6 around some?
7 A. Yes.
8 Q. All right. Now, you transferred her
9 to the ICU unit. Where is that located in Baylor?
10 A. In Baylor it's located up on the 4th
11 floor. We have a number of ICUs. She was taken to the
12 trauma ICU, which is on the 4th floor.
13 Q. Did you -- I guess after she's brought
14 in, you are her physician; is that right?
15 A. Yes, I am.
16 Q. And as part of your duties, do you
17 then check up on her throughout the day?
18 A. Yes.
19 Q. Okay. Did you go by her room later on
20 that day?
21 A. Yes. I went by the ICU later to see
22 how she was doing.
23 Q. Okay. And how was she doing when you
24 went by there?
25 A. Medically she was stable. I spoke to
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744

1 the nurses. Her vital signs had been stable. She had no
2 signs of bleeding from any of the wounds. Blood
3 pressure, heart rate, all those kinds of things were
4 looking okay. And the wounds were dry, as you saw in the
5 pictures. No big oozing of blood or anything from there.
6 I was happy to see that medically and surgically she was
7 doing well.
8 Q. Okay. Well, let me ask you this: You
9 wanted her in the ICU because of the facts, what you knew
10 of the facts surrounding her admittance, you were afraid
11 of her mental stability; is that right?
12 A. Yes.
13 Q. If this had been -- if she had come in
14 with these same injuries let's say due to a household
15 accident, would you have kept her in the ICU?
16 A. No, she would have gone to recovery.
17 Q. Okay. Would she have had a long stay
18 there in Baylor Hospital?
19 A. No, she probably would have gone home
20 later that day.
21 Q. Did you talk with her?
22 A. Yes. I explained the injuries that we
23 had found, what we had done about her neck and her arm
24 and her shoulder. And I told her that I thought she was
25 very lucky, and that thankfully we wouldn't have to do
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745

1 anything else.
2 Q. Okay. Now, you talked about how you
3 were worried about her mental health; is that right?
4 A. Yes.
5 Q. Have you dealt with people that have
6 lost loved ones due to accident -- well, due to sudden
7 deaths?
8 A. Yes.
9 Q. Or to sickness?
10 A. Mostly trauma, because that's what I
11 do.
12 Q. Something you deal with, I guess, on a
13 daily or weekly basis at times?
14 A. Yes.
15 Q. Okay. Have you dealt with situations
16 where a person might be injured and, in the car wreck,
17 themselves, let's say, one of their loved ones is also
18 killed?
19 A. Yes.
20 Q. Also maybe someone who is just taken
21 to the hospital and they die in your emergency room and
22 you have to deal with the family when they get there?
23 A. Yes, that happens often.
24 Q. And in the course of your experiences,
25 have you dealt with mothers that have lost their
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1 children?
2 A. Yes.
3 Q. On a few or many occasions?
4 A. Many. Too many.
5 Q. Okay. Do you want to take a lot of
6 delicate care when you talk to a mother about that?
7 A. Yes. You have to be very careful
8 because you don't know how people are going to react.
9 You don't know how much they know, to begin with, and
10 what kind of support system they have.
11 Q. Okay. What frame of mind were you in
12 when you first went to go examine Mrs. Routier after she
13 had woken up from surgery and you went to examine her?
14 A. Well, I was, again, happy that she was
15 doing well medically and surgically, but I did not know
16 how she was going to deal with it psychologically. I
17 didn't know if she was aware that both her sons were
18 dead. I didn't know what had happened. I didn't know
19 how she felt about it, and so I was very concerned that
20 she might be very unstable psychologically.
21 Q. Okay. And what did you find after you
22 spoke with her?
23 A. I spoke with her. She obviously knew
24 that both boys were dead. Her husband was at the
25 bedside. And I think she had a large picture of both
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747

1 boys. So I spoke mostly about her injuries. I didn't
2 want to bring up the fact about her boys being dead. I
3 didn't want to have to go over that with her again. So,
4 mostly I talked to her about the injuries. I kind of
5 stayed around a little bit to make sure that I thought
6 she was handling it okay. She had sort of a flat affect,
7 but my main concern was that she did know what had
8 happened, and I wanted her to know that she was going to
9 be okay. And that was about the extent of our
10 conversation.
11 Q. What do you call flat affect?
12 A. Someone who has a monotone voice, is
13 obviously not excited about whatever is going on, and
14 blunt reaction to the situation, to the environment.
15 Q. Okay. Now, you've dealt with mothers
16 in this same situation before?
17 A. Yes, I have.
18 Q. Tell the jury how they usually react.
19 A. Most of the time mothers, when they're
20 made aware, or told that a child has died, get
21 hysterical.
22 Q. Okay. Even after they've known for
23 some hours that the child is dead?
24 A. Well, it's usually very hard for,
25 especially a mother, to accept that, yes.
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1 Q. What types of things do you see? What
2 are their reactions like?
3 A. They cry. They usually tell me I'm
4 wrong. They don't believe me. And they want to know why
5 this happened, couldn't have happened. They usually go
6 into sort of denial and want to see the child, or want me
7 to prove -- or want to prove to me that the child is
8 fine. And they're usually hard to control, that's why
9 it's good to have a good support system, husband, brother
10 or mother, somebody with them that can help them deal
11 with that.
12 Q. And are you able to console them
13 easily?
14 A. No.
15 Q. You say they cry a lot?
16 A. Yes, they do.
17 Q. And what do you mean by cry?
18 A. Crying over loss of a loved one,
19 crying over the tragedy of what has happened. And
20 there's a lot of anger, usually, because it can be from a
21 gunshot wound, a car wreck. It is very hard for,
22 especially mothers, to face the fact that the children
23 are dead. And there's a lot of anger and a lot of pain.
24 Q. You're talking about crying with
25 tears, sobbing, that kind of thing?
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1 A. Yes.
2 Q. Tears coming down the cheeks?
3 A. Yes.
4 Q. All right. Now, how long was Ms.
5 Routier in the hospital?
6 A. She came in, I think we said about
7 3:00 in the morning on the 6th and was discharged on the
8 8th.
9 Q. Okay. About 3:00 something in the
10 morning on the 6th and discharged an the 8th of June?
11 A. Around noon on the 8th.
12 Q. Around noon on the 8th?
13 A. Somewhere around that.
14 Q. Did you see her the entire time she
15 was there, would you check on her periodically?
16 A. Yes. I saw her the next day, which
17 would be -- I saw her that first day later on in the day,
18 and then I saw her on the 7th, and then on the 8th before
19 she went home.
20 Q. Okay. This what you described as she
21 had flat affect, did you ever see that change at all?
22 A. No. Every time I saw her she
23 exhibited the same.
24 Q. Okay. Let me ask you, Dr. Santos, as
25 far as all of the mothers you have dealt with in this
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750

1 same situation, have you seen anyone react in this way?
2 A. No, I have not.
3 Q. Okay. Now, on that day the 6th, she
4 had been operated on earlier in the morning by yourself
5 and the other residents?
6 A. Yes.
7 Q. Was she suffering from the influence
8 of drugs, in your opinion, from the operation?
9 A. No. The anesthetic drugs usually wear
10 off after a couple of hours. I felt that that was all
11 gone. She had some pain medicine ordered as she should
12 for the injuries of the surgery she had, but usually the
13 medication that she was getting doesn't give you a flat
14 affect. It can make you very sleepy, especially if
15 you're very sensitive to it, or you get too much of it,
16 but it usually doesn't give you a flat affect.
17 Q. Okay. Does -- was she awake when you
18 saw her?
19 A. Yes. She was sitting up and talking.
20 Q. Appeared alert and lucid?
21 A. Yes.
22 Q. Did she seem aware of her
23 surroundings?
24 A. Yes. Again, that's why I told her
25 where she was, and wanted to make sure she knew what we
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1 had done and why she had all of these stitches and all
2 these things. So, she knew where she was.
3 Q. Okay. Now, also do you have
4 psychiatrist there at Baylor who are on staff and can
5 assist you?
6 A. Yes, we do.
7 Q. And in these type cases, do you keep
8 careful watch on the patient in case their services are
9 needed?
10 A. Yes.
11 Q. And is that something you had in your
12 mind in dealing with Ms. Routier?
13 A. Yes. That's something that we kind of
14 had a plan. That if I thought she was having a lot of
15 trouble handling this, we were going to get psychiatry to
16 come by and help her.
17 Q. Okay. Did you ever feel you had to do
18 that?
19 A. No.
20 Q. Okay. Did she appear to be any kind
21 of zombie, or just traumatized state there in the
22 hospital?
23 A. No. That was not my impression. My
24 impression was she just had a flat affect, and that's all
25 I saw.
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752

1 Q. Okay. Now, you say she was released
2 on the 8th of June, somewhere around noon or so; is that
3 right?
4 A. Yes.
5 Q. Did you want to keep her there
6 sometime longer?
7 A. Yes. I was still concerned that maybe
8 she hadn't reached that point where she would have more
9 of an uncontrollable reaction to all of this. And I kind
10 of wanted to watch her, I think it was over the weekend,
11 watch her until, like, Monday.
12 Q. Okay. But did you ever see this
13 reaction that you were expecting?
14 A. No, I did not.
15 Q. Okay. And did her and her husband
16 want to be released, if possible?
17 A. Yes. Her husband stated that they
18 would like to go, I think, because there was a funeral
19 pending for the children. And I asked her if that was
20 okay with her, if she felt like going and she said she
21 did.
22 Q. Now, let me go into another area.
23 You, as a trauma surgeon, deal with a
24 lot of people that come in there that have been in some
25 violent altercations; is that right?
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753

1 A. Yes.
2 Q. Have you treated a lot of people that
3 have been involved in assaults using sharp weapons,
4 knives, things like that?
5 A. Yes.
6 Q. Okay. As part of your job, you see
7 what we call defensive wounds?
8 A. Yes, I have seen a lot of those.
9 Q. Tell the jury what defensive wounds
10 are.
11 A. Well, defensive wounds usually mean
12 when you're trying to defend yourself. It is usually
13 against someone attacking you, usually with a knife.
14 It's hard to defend yourself against someone with a gun
15 by using your hands, unless you try to grab the gun.
16 Most of the time, when someone is
17 close to you and trying to stab you, you put your hands
18 up, and it's a reaction to try to grab the knife and to
19 keep it away from your face.
20 So you can get defensive wounds where
21 you have stab wounds to the fingers and the hands. And
22 sometimes if their trying to slash you, you bring you
23 arms up and you get slash marks on your forearms.
24 Q. The wounds to the hands, where are
25 they generally located?
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754

1 A. Usually on the fingers and on the palm
2 surface, because you usually have your palms out, as to
3 try to defend yourself.
4 Q. Someone's coming at you with a knife,
5 you automatically put your hands up?
6 A. Yes.
7 Q. Are they usually just small wounds, or
8 can they be severe wounds?
9 A. It'll depend on the size of the knife.
10 Obviously if it's a small knife, they make small puncture
11 wounds or small lacerations. If it's a larger knife,
12 then usually they can make very deep wounds into your
13 hands. And if you try to grab the knife, they can cut
14 your fingers in half. You can also have deep slash
15 wounds to your forearms if you try and fight them off.
16 Q. Is it unusual for a person to grab a
17 knife?
18 A. Well, I don't know if I would say it's
19 unusual. It happens occasionally when you're really
20 trying to defend yourself. Most people would just try to
21 push things away.
22 Q. Okay. You also see defensive wounds
23 to the forearms; is that right?
24 A. Yes.
25 Q. Okay. And where are those located?
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1 Where do you see those wounds?
2 A. Usually when you put your forearms up,
3 or your arms up to try to defend them, and if they're
4 trying to slash you, you'll see them on this part of your
5 forearm across this way.
6 Q. Okay. The underneath part here of
7 your forearm?
8 A. Correct.
9 Q. And are they usually just one or more?
10 A. No. Usually they're multiple,
11 multiple injuries to the forearm.
12 Q. So you'll see several slash marks
13 horizontally across the forearm?
14 A. Yes, usually.
15 Q. Okay. This wound to Mrs. Routier's
16 forearm here in 28-A, is that the kind of defensive wound
17 you usually see?
18 A. No. That is not a --
19
20 MR. JOHN HAGLER: Excuse me, your
21 Honor. At this time we would object to this line of
22 questioning. This witness is a trauma surgeon, not a
23 forensic expert. We would submit under Rule 702 and 705,
24 he is not qualified to give his opinion as to the nature
25 and type of wound that's reflected in this case.
Sandra M. Halsey, CSR, Official Court Reporter
756

1 THE COURT: Overruled. Go ahead.
2
3 (Whereupon, the following
4 mentioned item was
5 marked for
6 identification only
7 as State's Exhibit 28-D,
8 after which time the
9 proceedings were
10 resumed on the record
11 in open court, as
12 follows:)
13
14 BY MR. TOBY L. SHOOK:
15 Q. Here in 28-A, is that the type of
16 wound that you usually see in what you call a defensive
17 wound?
18 A. No, that's not a typical defensive
19 wound.
20 Q. And why is that?
21 A. Again, it's a deeper wound, because I
22 examined that wound. It's not a slash wound, like a
23 knife cutting cross, it's a stab wound. It usually would
24 be, as I said, the defensive wounds would be more on this
25 part of the forearm and they would be across the other
Sandra M. Halsey, CSR, Official Court Reporter
757

1 way, typically.
2 Q. When a person puts their arm up?
3 A. Right.
4 Q. Okay. Now, let me show you what's
5 been marked as State's Exhibit 28-D, a large photograph
6 of a palm of a hand and fingers; is that right?
7 A. Yes.
8 Q. Okay. Do you see some, what could be
9 cuts there on the fingers?
10 A. Yes. Appear to be some slight
11 injuries there to those fingers.
12 Q. Okay. Is that what you would call a
13 typical defensive wound you see on the hands if someone
14 is being assaulted by a knife?
15
16 MR. JOHN HAGLER: Same objection, your
17 Honor. Same objection, your Honor.
18 THE COURT: I'll overrule the
19 objection. Go ahead.
20 MR. JOHN HAGLER: Could we have a
21 running objection?
22 THE COURT: Oh, yes, running
23 objection.
24 THE WITNESS: I'm sorry, would you
25 repeat the question?
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1 BY MR. TOBY L. SHOOK:
2 Q. Is this the type of cut that you would
3 classify as the defensive wound that you usually see
4 there that's on the hands?
5 A. No. Normally they would be larger.
6 Q. Okay. Larger, deeper wound?
7 A. Yes. Deeper.
8
9 MR. TOBY L. SHOOK: We'll offer
10 State's Exhibit 28-D.
11 MR. RICHARD C. MOSTY: No objection.
12 Subject to the earlier objection.
13 THE COURT: I assume it's the same
14 objection?
15 MR. JOHN HAGLER: Yes, your Honor.
16 THE COURT: All right. Overruled.
17 State's 28-D is admitted.
18
19 (Whereupon, the item
20 Heretofore mentioned
21 Was received in evidence
22 As State's Exhibit No. 28-D
23 For all purposes,
24 After which time, the
25 Proceedings were resumed
Sandra M. Halsey, CSR, Official Court Reporter
759

1 As follows:)
2
3 BY MR. TOBY L. SHOOK:
4 Q. Now, I want to show the photographs to
5 the jurors. Could you point out the injuries you might
6 see there to the hand.
7 A. Normally, typically defensive wounds
8 you would see puncture wounds to the hand, to the palm
9 and to the fingers here. And they should be deeper
10 wounds if someone is trying to stab you.
11 Q. Could you point on the photograph
12 where these -- there's some maybe cuts located on the
13 fingers?
14 A. The injuries I see here are this
15 middle finger, and on this ring finger here, but they
16 appear to be small.
17
18 (Whereupon, the following
19 mentioned item was marked
20 for identification only
21 as State's Exhibits 52-A,
22 B, C, D, E, F, G, H, I,
23 after which time the
24 proceedings were
25 resumed on the record
Sandra M. Halsey, CSR, Official Court Reporter
760

1 in open court, as
2 follows:)
3
4 BY MR. TOBY SHOOK:
5 Q. Okay. Doctor, let me show you some
6 other photographs which have been marked as State's
7 Exhibit Nos. 52-A, 52-B, 52-C, 52-D, 52-E, 52-F, 52-G,
8 52-H, 52-I, and I don't need to offer that.
9 A. Okay.
10 Q. Do those photographs -- first of all,
11 are those photographs of Darlie Routier and injuries
12 there to her body?
13 A. Yes, they are.
14 Q. In some of the photographs she's in a
15 pink shirt. And specifically State's Exhibits 52-F, 52-G
16 and 52-H, are those taken at the hospital?
17 A. Yes, they are.
18 Q. Okay.
19
20 MR. TOBY L. SHOOK: Your Honor, we'll
21 offer State's Exhibits 52-A through I.
22 MR. RICHARD C. MOSTY: No objection,
23 Your Honor.
24 THE COURT: State's Exhibit 52-A, B,
25 C, D, E, F, G, H and I are admitted.
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761

1 (Whereupon, the items
2 Heretofore mentioned
3 Were received in evidence
4 As State's Exhibit No. 52-A
5 through 52-I for all purposes,
6 After which time, the
7 Proceedings were resumed
8 As follows:)
9
10 BY MR. TOBY L. SHOOK:
11 Q. Doctor, in your hospital records, if
12 you could look at the focus notes of the nurse and turn
13 to the date of 6-6, around 4 P.M. I guess that would be
14 1600 hours.
15 A. Okay.
16 Q. In fact, I may have turned that one
17 down on the corner, Doctor.
18 A. Yes.
19 Q. Okay. So it's clear, you're referring
20 there, I think to nurse's notes that are taken there in
21 the ICU unit?
22 A. Yes, on 6-6.
23 Q. Is there a note in there that some
24 Rowlett Police officers, and someone from the medical
25 examiner's office came and took some photographs of Mrs.
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762

1 Routier?
2 A. Yes. On 6-6, at 1600, it says medical
3 examiner in Rowlett, PD officer here to photograph
4 wounds. Procedures explained to patient's husband at
5 bedside. Evidence being collected.
6 Q. Okay. And that would be 4 p.m. on the
7 6th of June; is that right?
8 A. Correct.
9 Q. So, she's been in the hospital a
10 little over 12 hours at that point; is that right?
11 A. Correct.
12 Q. Okay.
13
14 MR. TOBY L. SHOOK: Now, if I could
15 have the witness step down.
16 THE COURT: You may.
17
18 (Whereupon, the witness
19 Stepped down from the
20 Witness stand, and
21 Approached the jury rail
22 And the proceedings were
23 Resumed as follows:
24
25
Sandra M. Halsey, CSR, Official Court Reporter
763

1 BY MR. TOBY L. SHOOK:
2 Q. State's Exhibit 52-H, is that how Ms.
3 Routier would appear in the ICU unit?
4 A. Yes.
5 Q. Could you tell kind of what we're
6 seeing there, as far as what's hooked up to her?
7 A. Yes. She has nasal cannula -- outflow
8 of oxygen.
9 Q. If you could just start down at this
10 end and just kind of go along so all the jurors can see.
11 A. She has nasal cannula of oxygen, being
12 delivered to her nose through these two little prongs
13 there. That is what comes around her neck here. Here's
14 our neck incision, where we repaired that. Here's the
15 shoulder incision on this side. And you can see the EKG
16 leads which are the ones that monitor her heartbeat, the
17 telemetry unit, on the sides over here, hooked up to
18 either shoulder. And then there appears to be a line, or
19 IV line going over to her left arm on that side.
20 Q. Okay. The IV line is in her left arm;
21 is that right?
22 A. Well, it's laying over there, so I
23 can't see where it goes in. There's a bandage on the
24 left antecubital area -- left -- inside of the elbow, but
25 I can't tell if the line goes in there or not.
Sandra M. Halsey, CSR, Official Court Reporter
764

1 Q. Looking at State's Exhibits 52-F and
2 52-G, can you tell that there's no IV line on the right
3 arm?
4 A. Yes, I see there is no line in the
5 IV -- IV line in her arm at that time.
6 Q. And those are more photographs of her
7 in the ICU unit; is that right?
8 A. Yes.
9 Q. Specifically photographs of her right
10 arm?
11 A. Correct.
12 Q. Okay. Now, let me go to these other
13 photographs for a moment. State's Exhibits 52-E, D, C,
14 B, A, and I. Do these appear to be photographs of Darlie
15 Routier?
16 A. Yes.
17 Q. Okay. And is there a date present
18 here in the bottom right-hand corner of these
19 photographs?
20 A. It says 6-10-96.
21 Q. Okay. So, we can assume, at least if
22 that's correct, they were taken on the 10th day of June,
23 1996?
24 A. Correct.
25 Q. Okay. Now, let's look at 52-A. Do
Sandra M. Halsey, CSR, Official Court Reporter
765

1 you see a wound here to the right arm, or evidence of an
2 injury to the right arm?
3 A. There's a large amount of bruising to
4 the right arm, but I don't see any -- actually by
5 laceration, there's none. But there is evidence of
6 bruising to the arm.
7 Q. Okay. And that's a pretty large
8 bruise, isn't it?
9 A. Yes.
10 Q. Where does it extend from?
11 A. It appears to go from her wrist to
12 right below where her hand is, past her elbow, up toward,
13 almost into her armpit.
14 Q. Okay. And then 52-E, that's an even
15 more close-up photograph of that bruise?
16 A. Yes, correct.
17 Q. If you could take these two
18 photographs and go along the jury rail so all the jurors
19 can see.
20 A. Okay.
21 Q. Now, Dr. Santos, tell the jurors what
22 caused this type of bruising.
23 A. Some type of trauma. Some kind of
24 blunt trauma, being hit, a car wreck, anything like that.
25 Some kind of a force to the arm.
Sandra M. Halsey, CSR, Official Court Reporter
766

1 Q. What is blunt trauma?
2 A. Blunt trauma, as opposed to none
3 penetrating. Penetrating is usually stab wound or
4 gunshot wound. Blunt trauma is -- again, in a car wreck,
5 falling and hitting your arm, being hit with a baseball
6 bat or something like that.
7 Q. Being struck by an object very hard?
8 A. Correct.
9 Q. Doesn't break the skin?
10 A. Does not penetrate.
11 Q. But causes these deep bruises?
12 A. Yes.
13 Q. Okay. Is this pretty severe blunt
14 trauma that we're looking at?
15 A. Yes, it is.
16 Q. Now, by looking at these photographs,
17 can you tell anything about the age of this bruise?
18 A. Just by looking at this photograph, I
19 would say that that injury is about 24 to 48 hours old.
20 Q. 24 to 48 hours old?
21 A. Correct.
22 Q. And what do you see there in the
23 photograph that let's you have that opinion?
24 A. On this photograph there is some deep
25 bruising to this part of the arm over here. But up
Sandra M. Halsey, CSR, Official Court Reporter
767

1 towards -- the upper part of her arm, the arm proper
2 close to the armpit, there's more of a redness over here.
3 That tells you that this is not a very old wound. Wounds
4 like this tend to get very dark, and after about three or
5 four days starts turning green when that blood starts to
6 get absorbed. But this redness up here tells me that it
7 was probably a 24 to 48 hour old wound.
8 Q. When it's photographed here?
9 A. Yes, at that time.
10 Q. And the date is 6-10-96?
11 A. Correct.
12 Q. Now, you had Ms. Routier from about
13 3:30 in the morning on June 6th, 1996 to you say around
14 noon or so on June 8th; is that right?
15 A. Correct.
16 Q. Okay. Now, y'all checked pretty
17 carefully about other injuries; is that right?
18 A. Yes, we did.
19 Q. And in ICU, are there enough nurses in
20 attendance at all times?
21 A. Yes.
22 Q. Okay. It's not like being in a room
23 when you're in the hospital and the nurse just checks on
24 you once in a while; is that right?
25 A. Correct.
Sandra M. Halsey, CSR, Official Court Reporter
768

1 Q. They're right there all the time?
2 A. Yes.
3 Q. Okay. And you examined Mrs. Routier
4 several times on her stay there?
5 A. Yes.
6 Q. Examined the wounds that you sewed up?
7 A. Yes.
8 Q. Okay. And before she was released, do
9 you examine those wounds?
10 A. Yes. Routinely we'll look at the
11 wounds just to make sure they're healing okay.
12 Q. Did you see at any time while she was
13 in the hospital any injury that would cause this type of
14 bruising?
15 A. No, I did not see any evidence of
16 that.
17 Q. Okay. Is this something that you
18 would have been if it had occurred on June 6th, let's say
19 at 2:30 in the morning, 1996?
20 A. Yes. I believe we would have seen
21 some evidence of that before she left the hospital.
22 Q. Okay. A person, when they get blunt
23 trauma, they don't bruise -- a huge bruise doesn't just
24 immediately form, does it?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
769

1 Q. A little bit of time occurs; is that
2 right?
3 A. Correct.
4 Q. But to get this type of bruising, do
5 you see some evidence of it pretty soon afterwards?
6 A. Yes. You mean if you had something
7 that would create that, how soon would you see it?
8 Q. Right. Right.
9 A. Usually within 24 hours it will show
10 up.
11 Q. This bruise would show up?
12 A. Yes.
13 Q. And even when you first receive the
14 person, would you see some type of injury to that area
15 that would later on cause this type of bruising?
16 A. You may. Most of the time you do.
17 Sometimes you cannot see the evidence in the beginning,
18 but most of the time it's pretty evident.
19 Q. Okay. Now, you never saw any evidence
20 of that type of injury to the right arm on her stay on
21 the 6th, 7th or 8th of June; is that right?
22 A. Other than the stab wound that we
23 talked about earlier, no, I did not see any other type of
24 injury.
25 Q. Okay. Let's look at State's Exhibit
Sandra M. Halsey, CSR, Official Court Reporter
770

1 No. 52-F, which is a photograph of the arm wound; is that
2 right?
3 A. Yes.
4 Q. Okay. First of all, would a stab
5 wound to the arm in that area cause that type of
6 bruising?
7 A. It can cause bruising usually around
8 the wound.
9 Q. Okay. But nothing like this in 52-E?
10 A. No. I don't think that this type of
11 wound would cause that type of injury.
12 Q. Okay. And, again, 52-G shows the arm.
13 Do you see this blood here? Is that more injury?
14 A. That's blood from her wound up here.
15 This was taken in the ICU, and this is just dried blood.
16 As I said, when she first came in, she had a lot of dried
17 blood all over her. This is not indicative of the
18 injury. This is dried blood from the injury from her
19 arm.
20 Q. Okay. So that's just dried blood left
21 on her arm; is that right?
22 A. That's correct.
23 Q. Do you see anywhere in State's
24 Exhibits 52-F, 52-H, 52-G, any evidence of the injury
25 that would cause the bruising that you see here in 52-E?
Sandra M. Halsey, CSR, Official Court Reporter
771

1 A. No -- excuse me. No, I don't see any
2 evidence here that would show what caused that.
3 Q. Okay. And again, you thoroughly
4 checked her stay in the hospital; is that right?
5 A. We checked her very carefully when she
6 was in the operating room. That was our best chance to
7 do that while she was under the anesthetic. And then we
8 had the nurses do dressing changes on her afterwards.
9 Q. Okay. And before she leaves, you,
10 yourself and the other residents checked her; is that
11 right?
12 A. I went and talked to her. I did not
13 examine all the wounds the day she left.
14 Q. Okay. But you never saw this type of
15 injury?
16 A. No, I did not.
17 Q. And have you looked at the nurses'
18 notes and other medical records regarding Ms. Routier?
19 A. Yes.
20 Q. Would the nurse make notes of that if
21 they saw any type of injuries?
22 A. Yes. That's part of their duties, is
23 to find injuries that we may have missed. And certainly
24 something like this would be something I would expect the
25 nurses to point out to me or to the other doctors before
Sandra M. Halsey, CSR, Official Court Reporter
772

1 we sent her home.
2 Q. So you didn't see this injury at all?
3 A. No, I did not.
4 Q. And you say by looking at these
5 photographs, this type of bruising looks like something
6 that occurred in the last 24 to 48 hours?
7 A. Correct.
8 Q. Not a four-day old bruise at all; is
9 that right?
10 A. Not in my opinion.
11 Q. Okay. So, if we can kind of look at
12 this photograph being taken on the 10th day of June,
13 would you say this injury did not occur on the 6th of
14 June --
15
16 MR. JOHN HAGLER: I'm going to object
17 to leading and repetitious.
18 THE COURT: Overruled. Go ahead.
19 THE WITNESS: Would you repeat the
20 question, please?
21
22 BY MR. TOBY SHOOK:
23 Q. If we assume that this photograph here
24 in 52-E was taken on the 6th day of June, of 1996, is
25 there any way that bruising could have occurred -- that
Sandra M. Halsey, CSR, Official Court Reporter
773

1 injury that caused this bruising occurred at 2:30 in the
2 morning on June 6, 1996?
3 A. I don't believe so.
4 Q. Okay. All right. Let me show you
5 what's been marked State's Exhibit 52-J. Again, is that
6 a photograph of Darlie Routier?
7 A. Yes, sir.
8
9 THE COURT REPORTER: We have a J and K
10 already.
11 MR. TOBY L. SHOOK: I'll mark it 52-M.
12
13 (Whereupon, the following
14 mentioned item was
15 marked for
16 identification only
17 as State's Exhibit 52-M,
18 After which time the
19 proceedings were
20 resumed on the record
21 in open court, as
22 follows:)
23
24 BY MR. TOBY L. SHOOK:
25 Q. Again, is 52-M a photograph of Ms.
Sandra M. Halsey, CSR, Official Court Reporter
774

1 Routier and an injury?
2 A. Yes.
3
4 MR. TOBY L. SHOOK: We'll offer
5 State's Exhibit 52-M.
6 MR. RICHARD C. MOSTY: No objection,
7 your Honor.
8 THE COURT: State's Exhibit 52-M is
9 admitted.
10
11 (Whereupon, the item
12 Heretofore mentioned
13 Was received in evidence
14 As State's Exhibit No. 52-M
15 For all purposes,
16 After which time, the
17 Proceedings were resumed
18 As follows:)
19
20 BY MR. TOBY L. SHOOK:
21 Q. Okay. Again, can you -- 52-M, is that
22 a photograph of bruising there to the left arm?
23 A. Yes. It shows some bruising to the