Volume 32

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. 32 OF 53 VOLS.
16 January 10, 1997
17 Friday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1190

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Friday, the 10th day of
5 January, 1997, in the Criminal District Court Number 3 of
6 Dallas County, Texas, the above-styled cause came on for
7 a jury trial before the Hon. Mark Tolle, Judge of the
8 Criminal District Court No. 3, of Dallas County, Texas,
9 with a jury, and the proceedings were held, in open
10 court, in the City of Kerrville, Kerr County Courthouse,
11 Kerr County, Texas, and the proceedings were had as
12 follows:
13
14
15
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1191

1
2 A P P E A R A N C E S
3
4
5 HON. JOHN VANCE
6 Criminal District Attorney
7 Dallas County, Texas
8
9 BY: HON. GREG DAVIS
10 Assistant District Attorney
11 Dallas County, Texas
12
13 AND:
14 HON. TOBY SHOOK
15 Assistant District Attorney
16 Dallas County, Texas
17
18 AND:
19 HON. SHERRI WALLACE
20 Assistant District Attorney
21 Dallas County, Texas
22
23 APPEARING FOR THE STATE OF TEXAS
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1192

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
1193

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
1194

1 P R O C E E D I N G S
2
3 January 10th, 1997
4 Friday
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, as follows:)
17
18
19
20 THE COURT: All right. Let's go on
21 the record. Today is Friday, January 10th.
22 All right. Let the record reflect
23 that these proceedings are being -- well, where is Mr.
24 Hagler -- well, there he is.
25 Everybody please have a seat.
Sandra M. Halsey, CSR, Official Court Reporter
1195

1 All right. Let the record reflect
2 that these proceedings are being held outside the
3 presence of the jury and all parties of the trial are
4 present.
5 Mr. Hagler.
6 MR. JOHN HAGLER: Yes, your Honor. At
7 this time, your Honor, we would move for a mistrial based
8 on a violation of the Rule -- violation of Rule 613 in
9 the Texas Rules of Criminal Evidence.
10 Your Honor, at the beginning of this
11 trial, the Rule was invoked, and this Court admonished
12 those witnesses who were sworn that they were to comply
13 with the requirements of the Rule.
14 Now, during the first day of testimony
15 some damaging testimony was elicited, brought out by the
16 defense in this case, regarding the bruising and the age
17 of the bruises on the defendant's arm.
18 After that, testimony was brought out
19 in front of the jury, through cross-examination of a
20 number of witnesses, we were able to -- and I might say
21 the Court noted, I would suspect, the reluctance of the
22 witnesses. I'm referring to the Baylor nurses and
23 employees. Their reluctance to mention that there was a
24 clandestine meeting that occurred at the Holiday Inn.
25 Now, your Honor, I might note again
Sandra M. Halsey, CSR, Official Court Reporter
1196

1 that although these witnesses, again the Baylor
2 personnel, were not sworn in at the time of the
3 commencement of this trial, your Honor, still the spirit
4 of the rule, the purpose of the rule is to avoid either
5 party from shading, influencing or manipulating the
6 testimony of witnesses that will come out during the
7 course of the trial. These Baylor employees, I might add
8 were here. They were obviously going to be witnesses for
9 the State. And we would submit that they likewise fell
10 under the scope of the Rule and Rule 613.
11 Now, your Honor, again, we -- with
12 great reluctance did the witnesses disclose the nature of
13 this meeting, and as those witnesses testified it became
14 readily apparent that there was this clandestine meeting,
15 in which the nature and scope and age of the bruising was
16 discussed.
17 And if the Court will recall these
18 matters were never brought out earlier until damaging
19 testimony was offered on the first day of the trial.
20 Now, your Honor, it seems, and of
21 course the Court heard the testimony, but it's
22 extraordinary that all of the testimony of the Baylor
23 employees has now been conformed as to the age of the
24 bruising. And we would submit, your Honor, that it's
25 readily apparent from the testimony of those witnesses
Sandra M. Halsey, CSR, Official Court Reporter
1197

1 that they were influenced, that their testimony was
2 molded, and for lack of other words, was cooked up by the
3 State in order to confront the damaging testimony that
4 was offered the first day in this trial.
5 For that reason, your Honor, at this
6 point in time we have no way of knowing what their
7 original testimony would have been regarding the age of
8 the wounds.
9 The harm has been done on an important
10 issue in this case and we would ask that this Court grant
11 a mistrial due to the damaging nature of such testimony.
12 MR. DOUGLAS D. MULDER: Your Honor,
13 just one thing I might add, both sides were admonished.
14 Once the Rule was invoked, the Court admonished us to
15 make sure that our witnesses -- make sure that we
16 conformed our conduct to the Rule of Evidence, and they
17 were likewise admonished.
18 So the Rule was in effect, it was in
19 effect for all witnesses, not those just sworn in here.
20 I mean, it's reprehensible.
21 THE COURT: All right. Motion denied.
22 Thank you.
23 All right. Is the jury here?
24 THE BAILIFF: Yes, sir.
25 THE COURT: All right. Who is the
Sandra M. Halsey, CSR, Official Court Reporter
1198

1 first witness? Bring in your first witness.
2 Bring the jury in, please.
3
4 (Whereupon, the jury
5 Was returned to the
6 Courtroom, and the
7 Proceedings were
8 Resumed on the record,
9 In open court, in the
10 Presence and hearing
11 Of the defendant,
12 As follows:)
13
14 THE COURT: All right. Good morning,
15 ladies and gentlemen.
16 Let the record reflect that all
17 parties in the trial are present and the jury is seated.
18 Ma'am, if you will raise your right
19 hand, please.
20
21 (Whereupon, the witness
22 Was duly sworn by the
23 Court, to speak the truth,
24 The whole truth and
25 Nothing but the truth,
Sandra M. Halsey, CSR, Official Court Reporter
1199

1 After which, the
2 Proceedings were
3 Resumed as follows:
4
5 THE COURT: Do you solemnly swear or affirm
6 that the testimony you are about to give will be the
7 truth, the whole truth, and nothing but the truth, so
8 help you God?
9 THE WITNESS: I do.
10 THE COURT: If you will have a seat right
11 here, please. If you'll just speak in the microphone
12 loudly and spell your last name when asked.
13 Go ahead, please, Mr. Shook.
14
15
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1200

1 Whereupon,
2
3 DENISE FAULK,
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. State your name, please.
15 A. My name is Denise Rene Faulk.
16 Q. Would you spell last name, please.
17 A. F-A-U-L-K.
18 Q. And how are you employed?
19 A. I'm a registered nurse.
20 Q. And where do you work?
21 A. I work at Baylor Health Care System.
22 Q. Okay. Tell the jury your educational
23 and professional training for the position that you hold
24 as a nurse, please.
25 A. I attended Texas Tech University and
Sandra M. Halsey, CSR, Official Court Reporter
1201

1 did some undergraduate work there. And I have my RN
2 diploma from the Methodist School of Nursing in Lubbock.
3
4 THE COURT: Can everyone hear the
5 witness? Okay.
6
7 BY MR. TOBY L. SHOOK:
8 Q. Okay. How long have you worked at
9 Baylor?
10 A. A year and a half.
11 Q. And what section of that hospital are
12 you assigned?
13 A. I'm assigned to the Four North ICU,
14 which is trauma/neuro ICU.
15 Q. And what are your duties there?
16 A. I care for the critically ill, and
17 make sure that my patients are hemodynamically stable.
18 Q. All right. Let me turn your attention
19 to the 6th day of June, of 1996, and ask you if you came
20 on duty that day?
21 A. Yes.
22 Q. What time did you come to work?
23 A. I came to work at 6:45.
24 Q. Okay. In the evening?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1202

1 Q. And how long a shift were you working?
2 A. I worked 12 hours.
3 Q. Okay. Sometime during that day, did
4 you have Darlie Routier as your patient?
5 A. Yes.
6 Q. What time did you get her as a
7 patient?
8 A. I had her at 11:00 o'clock that night.
9 Q. Okay.
10 A. Until 7:00 in the morning.
11 Q. Until 7:00 o'clock the next morning?
12 A. Um-hum. (Witness nodding head
13 affirmatively).
14 Q. And were you her nurse the rest of the
15 evening and all through the morning?
16 A. Yes.
17 Q. Okay. Did you have any other
18 patients?
19 A. Yes.
20 Q. How many other patients did you have?
21 A. I had one.
22 Q. Okay. And did you speak to Ms.
23 Routier while you worked there through the morning hours?
24 A. Yes, I did.
25 Q. Describe her condition at the time
Sandra M. Halsey, CSR, Official Court Reporter
1203

1 that you spoke to her when you were her nurse.
2 A. She was very stable and very much in
3 her right mind.
4 Q. Okay. Were you able to understand her
5 and she able to understand you?
6 A. Yes, sir.
7 Q. Y'all had no trouble communicating?
8 A. No.
9 Q. Sometime during the evening, did you
10 speak to her about what had happened to her?
11 A. Yes.
12 Q. Okay. About what time was that?
13 A. It was around 4:00 o'clock in the
14 morning.
15 Q. Okay. And where were you?
16 A. I was at her bedside.
17 Q. Standing or sitting?
18 A. I was sitting in the chair.
19 Q. Okay. And what position was she in?
20 A. She was laying on her right side in
21 her bed, just kind of -- we lay patients propped up with
22 pillows, laying on her right side looking at me, talking.
23 Q. How far away from her were you?
24 A. Probably from like here to the end of
25 this right here.
Sandra M. Halsey, CSR, Official Court Reporter
1204

1 Q. Okay. About two or three feet?
2 A. Um-hum. (Witness nodding head
3 affirmatively).
4 Q. Okay. You will have to answer yes or
5 no.
6 A. Yes.
7 Q. Okay. And you had her -- was she
8 propped to one side, you say?
9 A. She was laying on her right side, kind
10 of propped in bed.
11 Q. Okay. During the day, do y'all move
12 patients from one side to the other, prop them up?
13 A. Yes, we do.
14 Q. What is the purpose of that?
15 A. The purpose of that is so they will
16 have circulation to their skin and they won't have any
17 skin breakdown.
18 Q. Okay. And as she was there on her
19 right side talking to you, did the subject of why she was
20 there and what had happened to her come up?
21 A. Yes, it did.
22 Q. How did it come up?
23 A. I had asked her if she remembered
24 anything that happened.
25 Q. Okay. And, was she able to relate to
Sandra M. Halsey, CSR, Official Court Reporter
1205

1 you what happened?
2 A. Yes.
3 Q. Okay. What did she say, or where was
4 she when this all started?
5 A. She said that she was downstairs in
6 her house, sleeping on the couch. And her two boys were
7 downstairs and they had been watching TV, a big screen
8 TV. And that what started waking her up was her little
9 boy started crying.
10 Q. Okay. Did she say where her husband
11 was when all of this was going on?
12 A. She said that he was upstairs with the
13 little baby.
14 Q. Okay. So she had been downstairs with
15 her two boys watching TV?
16 A. Yes.
17 Q. And then what woke her up was her 5
18 year old crying?
19 A. Yes.
20 Q. Okay. Then what did she say happened?
21 A. She said that her -- she felt a
22 struggle like at her neck.
23 Q. Okay.
24 A. And the man started wrestling with
25 her.
Sandra M. Halsey, CSR, Official Court Reporter
1206

1 Q. Okay. Did she say where she was when
2 this struggle at her neck and the wrestling occurred?
3 A. She was on the couch.
4 Q. Okay. What's the next thing that she
5 told you?
6 A. She said that she started yelling and
7 that he ran off and he had dropped the knife and she
8 picked it up.
9 Q. Okay. Did she say which way that he
10 ran?
11 A. No, sir.
12 Q. Okay. Did she describe to you where
13 she went to pick up the knife?
14 A. No.
15 Q. Did she tell you anything that
16 happened when he was running away after she yelled out?
17 A. She said that he ran into a wine rack
18 holder.
19 Q. Okay.
20 A. And that it made a big crack noise.
21 Q. He ran into a wine rack holder?
22 A. Um-hum. (Witness nodding head
23 affirmatively).
24 Q. Okay. And, what happened when he ran
25 into the wine rack holder?
Sandra M. Halsey, CSR, Official Court Reporter
1207

1 A. Well, that's when she really -- I
2 think that's when she started really waking up. That's
3 what she said.
4 Q. She heard a loud crack noise?
5 A. Um-hum. (Witness nodding head
6 affirmatively).
7 Q. And then he dropped the knife; is that
8 right?
9 A. Um-hum. (Witness nodding head
10 affirmatively).
11 Q. Did she -- well, what's the next thing
12 she told you?
13 A. She said that she remembered that it
14 was -- the knife came from her butcher block from her
15 kitchen because it had a white handle on it.
16 Q. Okay. Now, were you asking her
17 questions during this?
18 A. The only one that I asked her was how
19 she knew it was hers. She said because it had a white
20 handle.
21 Q. Oh, okay, regarding the knife?
22 A. Um-hum. (Witness nodding head
23 affirmatively).
24 Q. What did she say she did then?
25 A. She turned the light on and she saw
Sandra M. Halsey, CSR, Official Court Reporter
1208

1 her two boys laying on the floor and she screamed. And
2 she just -- when she was telling me this, she just kept
3 saying there was just blood everywhere.
4 And then, she said her husband came
5 downstairs, and that's when she had realized she had been
6 stabbed. And he started doing CPR on the little boy and
7 she called 911.
8 Q. Her husband came down after she
9 screamed?
10 A. Um-hum. (Witness nodding head
11 affirmatively).
12 Q. And did CPR on the little boy?
13 A. Um-hum. (Witness nodding head
14 affirmatively.)?
15 Q. And she called 911?
16 A. Um-hum. (Witness nodding head
17 affirmatively.)
18 Q. Did she tell you anything else about
19 what happened?
20 A. Well, she just said when her husband
21 was doing CPR that he kept saying, "Hang in there,
22 babies. Hang in there." And she said there was just
23 blood everywhere.
24 Q. Okay. When she told you this story,
25 what was her demeanor?
Sandra M. Halsey, CSR, Official Court Reporter
1209

1 A. She was pretty calm when she was
2 talking. I just remember looking at the cardiac monitor
3 and her heart rate had gone up just a little bit.
4 Q. Okay. Was she crying at all when she
5 told you the story?
6 A. No, sir.
7 Q. Okay. Did you see her cry some during
8 the night when you were with her?
9 A. I saw -- her eyes would get a little
10 wet, but I never really saw tears go down her face.
11 Q. Okay. Have you dealt with people
12 before that have lost loved ones, or close relatives?
13 A. Yes, sir.
14 Q. Children?
15 A. Yes, sir.
16 Q. And have you come in contact with them
17 and observed their reactions?
18 A. Yes, sir.
19 Q. What is the usual reaction in a
20 situation like that?
21 A. The usual reaction when someone loses
22 someone, close family members, they can be ballistic or
23 just beside themselves. Usually they're in disbelief or
24 in denial. And a lot of people get very angry.
25 Q. Okay. Did Darlie Routier's reaction
Sandra M. Halsey, CSR, Official Court Reporter
1210

1 differ from what you had seen in your experience?
2 A. Well, it was different in that she
3 didn't portray those characteristics.
4 Q. Okay. Now, during the evening did you
5 say that you bathed her?
6 A. Yes, sir.
7 Q. Okay. And about what time did that
8 take place?
9 A. That was -- I had got her at 11:00
10 o'clock that night. And we bathed her pretty soon after
11 that, probably around midnight.
12 Q. Okay. And during your shift, did you,
13 you know, take careful notice of her injuries and care
14 for her?
15 A. Yes, sir.
16 Q. Did you ever notice -- well, was there
17 an injury to her right arm?
18 A. She had a stab wound to her right arm.
19 Q. Okay. Did you see any other injuries
20 to her right arm?
21 A. No, sir.
22 Q. Okay. Let me show you what's been
23 marked as State's Exhibit 52-B. Do you recognize that as
24 a photograph of the defendant?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1211

1 Q. Do you see her right arm there?
2 A. Uh-huh. (witness nodding head
3 affirmatively.)
4 Q. Do you see that large bruising down
5 the right arm?
6 A. Um-hum. (Witness nodding head
7 affirmatively).
8 Q. Did you see any evidence of that type
9 of injury at any time during your shift?
10 A. I didn't. I did not.
11 Q. Okay. When you bathed her, was her
12 right arm bathed?
13 A. Yes.
14 Q. And was it moved about?
15 A. Um-hum. (Witness nodding head
16 affirmatively).
17 Q. Did she ever complain of any pain
18 other than the cut she received?
19 A. No, not through the night.
20 Q. Okay. That type of bruising, have you
21 seen that type of bruising before in your nursing?
22 A. Working in trauma I have seen blunt
23 trauma to the face, in like, in car accidents, but not
24 that big to the arm.
25 Q. Okay. That's a pretty large bruise,
Sandra M. Halsey, CSR, Official Court Reporter
1212

1 is it not?
2 A. Yes, sir, it is.
3 Q. Okay. You didn't see any evidence of
4 that whatsoever?
5 A. No.
6
7 MR. DOUGLAS MULDER: Object to
8 leading.
9 THE COURT: Overruled. Go ahead.
10
11 BY MR. TOBY L. SHOOK:
12 Q. Is that the kind of thing you look for
13 when you're caring for someone in ICU?
14 A. Yes. In our assessment we do a head
15 to toe assessment.
16 Q. Okay. And if you had seen something
17 like that, do you take note of it?
18 A. Yes.
19 Q. Okay. Now, Mrs. Faulk, after -- well,
20 after your shift, or sometime after your shift, did you
21 make some personal notes about what you talked about with
22 Mrs. Routier?
23 A. Yes, I did.
24 Q. When was that?
25 A. That was the weekend after I took care
Sandra M. Halsey, CSR, Official Court Reporter
1213

1 of her.
2 Q. Okay. And where did you make those
3 notes?
4 A. In my apartment.
5 Q. Okay. Did you do that at anyone's
6 request?
7 A. No.
8 Q. Just did that on your own?
9 A. Um-hum. (Witness nodding head
10 affirmatively).
11 Q. Okay. And, why did you decide to make
12 some notes?
13 A. I got home and started thinking about
14 what she had said. And I thought it was weird that, when
15 she was telling me that she was laying on her right side
16 that her -- the way her stab wounds were -- she had a
17 dressing on them most of the night, so I didn't look at
18 them until that morning, when the doctor had come in to
19 take the dressing off. But I didn't get a very close
20 look at it, but from what I heard they were pretty
21 straight cuts.
22 And, I just thought it was weird that
23 she would be laying on her right side the way her cuts
24 were.
25 Q. Okay. So you made these notations of
Sandra M. Halsey, CSR, Official Court Reporter
1214

1 the story she had told you?
2 A. Yes, sir.
3 Q. Okay. Now, did you call up the police
4 and tell them you had some notes for them or anything
5 like that?
6 A. No.
7 Q. Where did you keep them?
8 A. I kept them in my little safety thing
9 in my closet.
10 Q. Okay. When is the first time you
11 brought those out again?
12 A. I brought them out -- well, when y'all
13 had contacted me.
14 Q. Okay. And when you say "y'all," are
15 you referring to myself and Investigator Bosillo?
16 A. Yes.
17 Q. Do you recall about when that was?
18 A. Around October.
19 Q. Okay. And, did we come and visit you
20 there at your apartment?
21 A. Yes, sir.
22 Q. And then did you show us the notes
23 that you had made and turn those over to us?
24 A. Yes, I did.
25 Q. And we have talked on a couple of
Sandra M. Halsey, CSR, Official Court Reporter
1215

1 other times, have we not?
2 A. Yes, sir.
3 Q. Do you remember how many times that I
4 have met with you?
5 A. Probably about four times.
6 Q. Okay. Couple of times in your
7 apartment?
8 A. Um-hum. (Witness nodding head
9 affirmatively).
10 Q. And then since you were down here in
11 Kerrville, we have met?
12 A. We met on Tuesday, around noon, and
13 then Tuesday evening.
14 Q. Okay. And Tuesday at noon there were
15 other nurses, other people from Baylor there; is that
16 right?
17
18 MR. DOUGLAS MULDER: Object to the
19 leading, Judge. If he's going to continue to lead and
20 just ask the witness to agree with him, he ought to be
21 sworn in one way or the other.
22 THE COURT: The leading objection is
23 sufficient, Mr. Mulder. Thank you. Sustained.
24 Let's rephrase our question.
25
Sandra M. Halsey, CSR, Official Court Reporter
1216

1 BY MR. TOBY L. SHOOK:
2 Q. About how many people were there
3 Tuesday at noon?
4 A. About 10.
5 Q. Okay. And did I ask you some -- well,
6 what went on? Were questions asked at that meeting?
7 A. The pictures were shown and we were
8 asked if we had ever seen the bruise before.
9 Q. Okay. Did I go over some of the same
10 questions that you answered to this Jury?
11 A. A little bit at noon.
12 Q. Okay. Did I talk with you at greater
13 length that evening?
14 A. Yes, sir.
15 Q. Okay. Who all was present when we
16 talked later that evening?
17 A. Tuesday evening?
18 Q. Yes.
19 A. You and Mr. Bosillo.
20 Q. Okay.
21 MR. TOBY L. SHOOK: Mark this, please.
22
23
24 (Whereupon, the following
25 mentioned item was
Sandra M. Halsey, CSR, Official Court Reporter
1217

1 marked for
2 identification only
3 after which time the
4 proceedings were
5 resumed on the record
6 in open court, as
7 follows:)
8
9
10 BY MR. TOBY SHOOK:
11 Q. Let me show you a three page document
12 that has been marked as State's Exhibit 57. And let you
13 take a look at those three pages and see if you recognize
14 them.
15 A. Yes, I do.
16 Q. Are those the personal notes that you
17 made in regards to the things that Mrs. Routier told you
18 that evening on that shift as you cared for her?
19 A. Yes, sir.
20 Q. Okay.
21
22 MR. TOBY SHOOK: Judge, we will pass
23 the witness.
24 MR. RICHARD C. MOSTY: May I read
25 this?
Sandra M. Halsey, CSR, Official Court Reporter
1218

1 THE COURT: You may, indeed.
2
3
4 CROSS EXAMINATION
5
6 BY MR. RICHARD MOSTY:
7 Q. Mrs. Faulk, how are you this morning?
8 A. Fine. Thank you.
9 Q. How long have you been in Kerrville?
10 A. I've been in Kerrville since Monday
11 night.
12 Q. Are you anxious to get home?
13 A. Yes, sir.
14 Q. Okay. Let me make sure that I
15 understand where your notes are. Mrs. Faulk, I'm going
16 to show you what is in evidence as hospital records. And
17 I just want to see if I know where your notes start --
18 A. Okay.
19 Q. -- and where they end. And I think I
20 have handed you one that --
21 A. Um-hum. (Witness nodding head
22 affirmatively).
23 Q. When you first sign in your notes, do
24 you put your full name?
25 A. Yes. You put your initial and last
Sandra M. Halsey, CSR, Official Court Reporter
1219

1 name and RN, or whatever your license is.
2 Q. And do yours start by, "We agree with
3 the shift assessment done by P. Campbell"?
4 A. Yes.
5 Q. Is that your first notation?
6 A. Yes.
7 Q. And that's Paige Campbell?
8 A. Yes, sir.
9 Q. Who was immediately before you?
10 A. Yes.
11 Q. Now, is she your supervisor, or is she
12 over you? I didn't understand that.
13 A. Paige Campbell, she was just charge
14 nurse that night and she's a fellow employee.
15 Q. Okay.
16 A. With me.
17 Q. She's a charge nurse?
18 A. She was that night. Just on my shift
19 from 7-P. to 7-A.
20 Q. So is that who you would report to for
21 lack of a better term, your superior, on that shift?
22 A. Yes, sir.
23 Q. Okay. Now, then show me where your
24 last note is then?
25 A. The next page where I discontinued her
Sandra M. Halsey, CSR, Official Court Reporter
1220

1 Foley catheter.
2 Q. Okay. Is that a 7:10 AM?
3 A. Yes, sir.
4 Q. And then, I guess, you went off duty
5 then about 7:10 AM?
6 A. Um-hum. (Witness nodding head
7 affirmatively).
8 Q. Correct?
9 A. Yes.
10 Q. So that's all within about 24 hours,
11 in the first 24 hours of her stay in the hospital?
12 A. Yes, sir.
13 Q. And if I understand at some time in
14 that evening you bathed her?
15 A. Yes, sir.
16 Q. What time?
17 A. It was around midnight.
18 Q. Okay. And when you bathed her, she
19 was -- she stayed in the bed?
20 A. Yes, sir.
21 Q. Was she laying down essentially?
22 A. Yes, sir.
23 Q. And I think you said that part of your
24 duties were, in fact, to move her to different positions?
25 A. Yes, sir. We help assist patients if
Sandra M. Halsey, CSR, Official Court Reporter
1221

1 they're not mobile.
2 Q. You want patients to move around so
3 that they don't get bed sores and things like that, don't
4 you?
5 A. Yes, sir.
6 Q. And you said -- I think you used the
7 phrase, "She was in her right mind"?
8 A. Yes.
9 Q. So I take it by that you think she was
10 acting appropriately?
11 A. Yes.
12 Q. To whatever the circumstances that
13 were going on, you thought that her behavior or her
14 responses were appropriate for the circumstances?
15 A. No. I didn't think her responses were
16 appropriate. I thought she was coherent.
17 Q. Okay. And, is that because you, how
18 did you say, on how she reacted, not emotionally?
19 A. I just remember when I was bathing her
20 that she -- there was no remorse, no tears, just -- that
21 just really stood out in my mind. That we were cleaning
22 blood from her feet and she was very unemotional.
23 Q. Okay. And I think you said something
24 about that she was making some kind of statements of
25 denial about -- how did you say that?
Sandra M. Halsey, CSR, Official Court Reporter
1222

1 A. I said that that's normal for people
2 to be in denial.
3 Q. To make --
4 A. But she never said any statements
5 about being in denial over the loss of her sons.
6 Q. Was she holding -- did she have those
7 pictures there of the boys with her?
8 A. She asked for them one time when we
9 were bathing her.
10 Q. And she would look at them?
11 A. She looked at them and kind of whined
12 a little bit.
13 Q. Kind of whined? Where does that word
14 whine come from?
15 A. Pretty subjective.
16 Q. It's pretty subjective?
17 A. Yes.
18 Q. Sort of, would you think it unusual
19 that two people might -- two or three, or however many
20 people, might choose that subjective phrase "whine," to
21 describe what happened?
22 A. Not if that's what she was doing.
23 Q. And do you think that I might think
24 that whining was different than what you might think
25 whining is?
Sandra M. Halsey, CSR, Official Court Reporter
1223

1
2 MR. TOBY SHOOK: Judge, I'll object.
3 That question calls on what Mr. Mosty thinks is improper
4 and speculative.
5 THE COURT: Sustained.
6 Rephrase your question.
7
8 BY MR. RICHARD MOSTY:
9 Q. Now you have some training in grief,
10 don't you?
11 A. Dealing with families that are
12 grieving.
13 Q. And you understand that people do
14 different grieving. They grieve in different ways, don't
15 they?
16 A. Yes, sir.
17 Q. And you understand that there are
18 different -- sort have been identified as stages of
19 grief?
20 A. Yes, sir.
21 Q. Do you remember how many there are?
22 A. There's about four stages.
23 Q. And people go through those in
24 different ways, don't they?
25 A. Some people, yes, sir. They can.
Sandra M. Halsey, CSR, Official Court Reporter
1224

1 Q. And sometimes they do them in
2 different orders?
3 A. Not necessarily.
4 Q. You disagree with that?
5 A. Yes.
6 Q. Okay. Tell me what is the first stage
7 of grief for all people then?
8 A. Well, the first stage would be
9 disbelief.
10 Q. Disbelief. That's true in every
11 circumstance?
12 A. Yes.
13 Q. Okay. What's the second one?
14 A. It would be that they would get angry.
15 Q. Okay. And what's the third one?
16 A. The third one is that they would come
17 to acceptance.
18 Q. To acceptance?
19 A. Yes.
20 Q. All right. And what is the fourth
21 one?
22 A. The fourth one is that they console.
23 They would have some kind of resource.
24 Q. Okay.
25 A. To -- for comfort.
Sandra M. Halsey, CSR, Official Court Reporter
1225

1 Q. Is that it?
2 A. That I'm aware of.
3 Q. And everyone goes through those in the
4 same order?
5 A. Well, in my opinion, yes.
6 Q. And how long does each of them last?
7 A. I don't know.
8 Q. Well, is that the same for everybody?
9 A. I honestly don't know.
10 Q. Okay.
11
12
13 (Whereupon, the following
14 mentioned item was
15 marked for
16 identification only
17 after which time the
18 proceedings were
19 resumed on the record
20 in open court, as
21 follows:)
22
23 BY MR. RICHARD MOSTY:
24 Q. Let me talk to you a little bit about
25 that then. Let me show you what I have marked as
Sandra M. Halsey, CSR, Official Court Reporter
1226

1 Defendant's Exhibit 18. Have you seen -- in part of your
2 training have you seen pamphlets like that on dealing
3 with grief?
4 A. I have, yes.
5 Q. Okay. Let me ask you if you agree
6 with this statement. "That in shock and denial" --
7
8 MR. TOBY SHOOK: Judge, I'll object to
9 him reading from a document not in evidence. And also
10 she hasn't recognized this particular pamphlet as anyone
11 that she's used or is familiar with.
12 THE COURT: I'll sustain the
13 objection.
14
15 BY MR. RICHARD MOSTY:
16 Q. Do you agree with the statement that
17 shock and denial often follow grief? Follow the loss of
18 a loved one?
19 A. Yes, I do.
20 Q. Do you agree with the statement that
21 that is especially true if a loss occurs suddenly?
22 A. Yes.
23 Q. Do you agree with the statement that
24 an emotional numbness may set in in that shock and denial
25 stage?
Sandra M. Halsey, CSR, Official Court Reporter
1227

1 A. Yes, I do. But I don't think starting
2 out.
3 Q. Okay. You don't think that that
4 emotional -- when does that emotional numbness set in?
5 A. I honestly don't know.
6 Q. But you know it doesn't set in within
7 24 hours?
8 A. I don't know.
9 Q. Okay. You don't know when someone
10 might go into emotional numbness, do you?
11 A. No.
12 Q. And do you agree with the statement
13 that that emotional numbness may last from hours to weeks
14 or longer?
15 A. You're saying that emotional numbness
16 can be --
17 Q. That it might last a matter of hours,
18 might last an hour (sic) of days, might last weeks.
19 A. I don't know how long. I think it's
20 very individualistic.
21 Q. All right. And so, if someone is
22 emotionally numb, is that sort of what you would
23 characterize as -- how would I say, stone-faced?
24 A. Yes.
25 Q. That's emotional numbness?
Sandra M. Halsey, CSR, Official Court Reporter
1228

1 A. Yes.
2 Q. Sort of like in a stupor, right?
3 A. When, I think of stupor, I think of
4 close to comatose, and I don't think that's normal for
5 someone that's just lost.
6 Q. Okay. And that's sort of -- you
7 agree, that the emotional stupor might be sort of a blank
8 look on someone's face?
9 A. That stupor is?
10 Q. Emotional numbness might have, just
11 sort of, no reaction?
12 A. Yes, they can.
13 Q. If I'm emotionally numb?
14 A. Yes.
15 Q. And that's -- in nursing terms you
16 would call that a flat affect, wouldn't you?
17 A. Yes.
18 Q. Okay. And that's what she was
19 exhibiting that night, wasn't it? A flat affect?
20 A. Yes.
21 Q. A numbness?
22 A. I would say a flat affect.
23 Q. Okay. Well, you agreed with me a
24 minute ago that that was -- that numbness, that
25 stone-face, that lack of expression, all of those are
Sandra M. Halsey, CSR, Official Court Reporter
1229

1 indicative of flat affect, aren't they?
2 A. Characteristics, yes.
3 Q. Okay. Just one point of
4 clarification. In this description you talked about the
5 TV. And, is it your understanding that the TV was on?
6 That they had fallen asleep while watching TV?
7 A. I do not know that.
8 Q. Oh.
9 A. She didn't say.
10 Q. So you don't know whether it was on or
11 off?
12 A. No, sir.
13 Q. Now, let's talk a little bit about
14 stupor. When someone is awoken -- I guess people awake
15 differently, don't they?
16 A. Awakened from sleep or --
17 Q. Well, just this morning probably
18 everybody here woke up somewhat differently?
19 A. Yes, sir.
20 Q. Some pop right out of bed, some don't?
21 A. Yes, sir.
22 Q. And that depends, no matter whether
23 you're a heavy or a light sleeper, there's something
24 known as when you get into a deep sleep?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1230

1 Q. Even people that sleep just three or
2 four hours a night have some time of deep sleep?
3 A. I don't know. I know that deep sleep
4 is called REM. But I don't know exactly how long that
5 takes to take place.
6 Q. Yeah. Okay. And if someone wakes
7 from a deep sleep they -- have you ever woken up in the
8 night, sort of walking around and not knowing what room
9 you were in?
10 A. Yes, sir.
11 Q. You've gone and -- I've ended up,
12 like, in a room, and I'm feeling around, and then in a
13 little while you sort of wake up and realize where you
14 are and go back to bed?
15 A. Yes, sir.
16 Q. Okay. And that -- I would sort of
17 call that like almost a stupor, would you?
18 A. No, sir, I wouldn't call it stupor.
19 Q. Okay. It was just, as you wake up,
20 sometimes you're not real clear on what you're doing?
21 A. Exactly, yes.
22 Q. As a matter of fact, what you said was
23 that what Darlie described to you was that it wasn't
24 until she was already up and moving that she -- that she
25 really sort of woke up and figured out what was going on?
Sandra M. Halsey, CSR, Official Court Reporter
1231

1 A. I would have to look at my notes.
2 Q. You don't remember testifying to that?
3 A. I would have to look at my notes at
4 what she said.
5 Q. I'm not asking you about your notes,
6 I'm asking you if you remember, just --
7
8 MR. TOBY SHOOK: Judge -- Judge, the
9 witness has asked if she could review her notes to answer
10 his question, and I submit she should be allowed to do
11 that.
12 MR RICHARD C. MOSTY: Well, I'm not
13 asking about her notes, Your Honor.
14 THE COURT: Well, let's go on to the
15 next question then.
16
17 BY MR. RICHARD C. MOSTY:
18 Q. I'm asking you if you remember that
19 less than 15 minutes ago, stating that that was -- that
20 he ran into the wine rack holder, and there was a big
21 crash, and that's when she really woke up.
22 A. She told me that she --
23 Q. Wait, Mrs. Faulk, my question is: Do
24 you remember testifying to that not 15 minutes ago?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1232

1 Q. Okay. And so that is consistent with
2 someone who awakes and is not fully awake, who, in a
3 moment really comes awake. Right?
4 A. Can you repeat the question, I'm
5 sorry.
6 Q. Okay. Well, what Mrs. Routier
7 described to you was that something was happening before
8 she was fully awake.
9
10 MR. TOBY SHOOK: Judge, I'll object to
11 speculation. He's trying to go into an interpretation of
12 what Mrs. Routier told this witness. She's only repeated
13 what she told her. She can't interpret what she meant by
14 it.
15 THE COURT: Well, I understand. I'll
16 overrule that objection, but I'll -- answer the questions
17 as succinctly and accurately as you know how. When a
18 question has been answered, Mr. Mosty, please go on to
19 your next question.
20
21 BY MR. RICHARD MOSTY:
22 Q. That's what Mrs. Routier described to
23 you, wasn't it? Being awakened with something happening,
24 but not fully awake?
25 A. She could have been, but I don't know
Sandra M. Halsey, CSR, Official Court Reporter
1233

1 her state.
2 Q. Well, I'm just asking you what she
3 said. That's when she really woke up?
4 A. Yes. That's what she said.
5 Q. So until she really woke up, she was
6 not really awake; is that right?
7 A. Correct.
8 Q. Okay. So what happened -- while she
9 was describing what happened on the couch, was a time
10 when she said she was not fully awake?
11
12 MR. TOBY SHOOK: Judge, I'll object
13 again. He's going into speculation.
14 THE COURT: All right.
15 MR. TOBY SHOOK: It's just his
16 interpretation.
17 THE COURT: I'll overrule that
18 objection, as the question is couched. If you know that
19 question -- if you know the answer, answer it. But let's
20 get brief questions, brief answers. Move on to the next
21 question.
22 Go ahead, please.
23
24 BY MR. RICHARD MOSTY:
25 Q. Could you answer the question?
Sandra M. Halsey, CSR, Official Court Reporter
1234

1 A. Can you repeat the question?
2 Q. Before the wine rack, Mrs. Routier
3 told you that she was not fully awake?
4 A. Yes, sir. She said that what kind of
5 woke her up was her boys crying. And then what really
6 woke her up was the loud crack noise.
7 Q. All right. And that sort of like when
8 you're walking around your house, you're kind of awake,
9 and you kind of know, but until you're fully awake, you
10 don't really know where you are or what you've been
11 doing?
12 A. Yes, sir.
13 Q. Now, you told me you bathed her about
14 midnight; is that right?
15 A. Yes, sir.
16 Q. And when you bathed her, were her feet
17 bloody?
18 A. Yes, sir.
19 Q. So, it's fair to say that when you
20 bathed her at midnight, no one had washed her feet at
21 that point?
22 A. No, sir.
23 Q. You were the first person to wash
24 those bloody feet?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1235

1 Q. And you know that for a fact, don't
2 you?
3 A. Yes, sir, I do.
4 Q. You remember that you -- you were by
5 yourself?
6 A. I was with Paige Campbell.
7 Q. But Paige Campbell had not washed her
8 feet off earlier, had she?
9 A. No.
10 Q. I guess Paige was helping you?
11 A. Yes.
12 Q. And you were sort of in charge of
13 that?
14 A. Yes, of the bath.
15 Q. Okay. But you were the one who washed
16 the blood off of her feet?
17 A. From what I remember Paige and I --
18 usually when you have somebody helping you bathe, you
19 just kind of both take one side of the body. So she took
20 the one leg and I took the other one.
21 Q. Okay. But there's no question that
22 her feet had not been washed before that, had they?
23 A. No, sir, they had not.
24 Q. And that's the kind of thing that sort
25 of stands out in your memory, doesn't it?
Sandra M. Halsey, CSR, Official Court Reporter
1236

1 A. Yes, sir.
2 Q. I mean, blood on someone and having to
3 wash it off?
4 A. Um-hum. (Witness nodding head
5 affirmatively).
6 Q. And that's not something that an ICU
7 nurse would get wrong, would they? I mean, you wouldn't
8 forget --
9
10 MR. TOBY SHOOK: Again, I'll object to
11 speculation as to what --
12 THE COURT: Sustained.
13 Please answer the questions as precise
14 as you can. Give precise answers and move on to the next
15 question.
16
17 BY MR. RICHARD MOSTY:
18 Q. Well, for instance, do you think
19 that -- you know what nurses do in ICU, don't you?
20 A. Yes.
21 Q. And you know what the people that
22 you're with do, don't you?
23 A. I know their duties. I don't know
24 exactly what they do all the time.
25 Q. Well, I understand. But you know that
Sandra M. Halsey, CSR, Official Court Reporter
1237

1 they're accurate and that they're very attentive to
2 detail?
3 A. Yes, sir.
4 Q. ICU nurses are, aren't they?
5 A. Yes.
6 Q. And record things in these notes that
7 are significant, don't they?
8 A. Yes, sir.
9 Q. Matter of fact, that's part of your
10 training is to be very accurate and be very observant of
11 your patients?
12 A. Yes.
13 Q. And that's one of the reasons that you
14 only have one or two people, is so that you can't -- that
15 you do have the time to devote to those people?
16 A. Yes.
17 Q. And to be observant of what they're
18 doing?
19 A. Yes.
20 Q. And you know Paige Campbell to be that
21 same way, don't you?
22 A. Yes, sir.
23 Q. Now, did you -- when you washed her,
24 did you notice any blood on the right forearm?
25 A. I don't remember. I'm sure she had
Sandra M. Halsey, CSR, Official Court Reporter
1238

1 blood, but from what I remember, when I got report, they
2 had said that they had kind of cleaned her hands off and
3 her arms, I believe.
4 Q. So you do not remember any blood on
5 her arms?
6 A. There could have been, but I don't
7 remember seeing it specifically that stood out in my
8 mind.
9 Q. So there are some things of this visit
10 that you remember and some things that you don't
11 remember?
12 A. Some things are vague. Some things
13 stand out.
14 Q. But on the blood on the arm, you can't
15 be clear about that?
16 A. Correct.
17 Q. Now, do you know, after your shift,
18 did Mrs. Routier stay in ICU? Can you tell that from the
19 notes?
20 A. After my shift?
21 Q. Yes.
22 A. Yes, she stayed. I don't know how
23 long.
24 Q. Okay. Now, I guess part of what you
25 do with trauma people is you want to observe and see if
Sandra M. Halsey, CSR, Official Court Reporter
1239

1 they start feeling some pain that they didn't feel
2 before, that kind of thing?
3 A. Yes. We monitor their comfort.
4 Q. What's their progress, and do they
5 have some different complaint or a new complaint or
6 something?
7 A. Yes.
8 Q. And is it your experience that
9 sometimes as people are in a -- in the room for a while
10 they will complain about, you know, something else is
11 bothering me?
12 A. Yes.
13 Q. If a person did have injury to the
14 right arm or so, would you expect them to complain of
15 pain in that arm?
16 A. Yes, I would.
17 Q. And at various times Mrs. Routier
18 complained of pain in her right arm, didn't she, in your
19 notes?
20 A. No, she -- I remember asking her a
21 couple times through the night if she was hurting and it
22 wasn't until that morning. Her mother came in the room
23 and she was asking for some pain medicine.
24 Q. Okay. And that's not unusual that
25 someone has been given pain medication earlier in the
Sandra M. Halsey, CSR, Official Court Reporter
1240

1 day, they do well, it wears off and they ask for more
2 pain medication?
3 A. That's normal, yes.
4 Q. So a person will have a period where
5 there is no pain, they're moving fine?
6 A. Yes.
7 Q. Now, you know, for instance, do you
8 not, that right after your shift that Mrs. Routier did
9 complain of pain in her right shoulder, didn't she?
10 A. No, I did not know that.
11 Q. Don't know that from the notes?
12 A. Not after my shift. I didn't read.
13 Q. You didn't read the next -- who
14 followed you?
15 A. The next nurse after me was Agnes.
16 Q. Is that -- is Agnes this first note:
17 7:20?
18 A. Yes, sir.
19 Q. Okay. Read the note at the bottom of
20 that page that Agnes made. What does the "D" stand for?
21 A. Data.
22 Q. Okay. And the CO?
23 A. Complained of.
24 Q. And that's the patient complaining of
25 something?
Sandra M. Halsey, CSR, Official Court Reporter
1241

1 A. Yes.
2 Q. And what is the patient complaining
3 of?
4 A. Complained of right shoulder pain.
5 Q. Okay. And earlier in the day she had
6 been complaining of pain in her right arm when she got
7 the Demerol? You knew that, I guess, when you took over?
8 A. When I took over from --
9 Q. -- from Mrs. Campbell?
10 A. Well, I don't remember right now.
11 Q. Well, when you took over for Mrs.
12 Campbell, did you review the focus notes?
13 A. I remember glancing over them, yes.
14 Q. But you don't remember any specifics
15 of that at this time?
16 A. I would have to look.
17 Q. Okay. Of your own memory right now?
18 A. My own memory right now, I don't
19 remember.
20 Q. You don't remember that?
21 A. No.
22 Q. Okay. Now, you -- when is the first
23 time that you ever saw these pictures of Mrs. Routier in
24 the hospital and afterwards?
25 A. Which pictures exactly?
Sandra M. Halsey, CSR, Official Court Reporter
1242

1 Q. I think Mr. Shook showed you some
2 of -- I'm not sure how many he showed you of these 52-A,
3 B?
4 A. I saw them Tuesday.
5 Q. Had you ever seen them before that?
6 A. No, sir.
7 Q. Where were you when you saw them?
8 A. We met in the hotel conference room.
9 Q. How did you happen to meet?
10 A. What do you mean exactly "how"?
11 Q. Why did you go to that room?
12 A. Because we were called to meet them.
13 Q. Who called you? Who told you to go?
14 A. From what I remember there was just a
15 message at the hotel to meet in room so and so at noon.
16 Q. You're not real clear about how --
17 A. I don't remember exactly who left the
18 message, but there was a message at the hotel for me.
19 Q. And where did you go to meet?
20 A. We met in their little conference room
21 off one of the hotel rooms.
22 Q. And who was present at that meeting?
23 A. Me and the other nurses.
24 Q. Who? Give me their names. Tell me
25 everybody whose name you can remember in there.
Sandra M. Halsey, CSR, Official Court Reporter
1243

1 A. Mr. Shock, Mr. Bosillo was there,
2 Paige Campbell, Diane Hollon, Jody Cotner, Phyllis -- and
3 I don't know her last name. I'm drawing a blank.
4 Q. Phyllis, where does Phyllis work?
5 A. Phyllis is one of the Baylor police.
6 Q. Okay. So Phyllis -- and did
7 Phyllis -- well, did y'all get the pictures out and put
8 them on a table?
9 A. Yes, sir.
10 Q. Who told you what the purpose of the
11 meeting was when you got there?
12 A. I don't remember.
13 Q. You don't remember who did that?
14 A. I don't remember.
15 Q. Okay. Did y'all lay out pictures on
16 the table?
17 A. Yes, sir.
18 Q. Everybody talked about them?
19 A. We looked at them and discussed what
20 we saw.
21 Q. Discussed what you observed?
22 A. Yes, sir.
23 Q. And did you point out what you
24 observed?
25 A. I just was really kind of quiet, and
Sandra M. Halsey, CSR, Official Court Reporter
1244

1 just kind of sat back. I saw them, but I didn't --
2 wasn't very verbal.
3 Q. Did other people point out what they
4 observed?
5 A. Yes, sir.
6 Q. Was this a square table or a round
7 table?
8 A. I don't remember.
9 Q. You don't remember the shape of the
10 table?
11 A. No.
12 Q. Now, did Phyllis Jackson, the Baylor
13 security guard, did she also look at the pictures?
14 A. Yes, sir.
15 Q. When she came down here the other day,
16 she was in her uniform. Was she in her uniform then?
17 A. Well, I really don't remember. I
18 don't think so.
19 Q. You don't think she was in her
20 uniform?
21 A. I don't remember.
22 Q. I guess you have known Phyllis Jackson
23 for a while because of working at Baylor?
24 A. No, actually I just met her this week.
25 Q. Okay. And -- but that is all you can
Sandra M. Halsey, CSR, Official Court Reporter
1245

1 remember being there at that meeting?
2 A. Um-hum. (Witness nodding head
3 affirmatively). Just looked at pictures.
4 Q. You don't remember Dr. Dillawn being
5 there, do you?
6 A. Yes, sir, he was there.
7 Q. Oh, you do?
8 A. Yes.
9 Q. You forgot that a minute ago?
10 A. Yes. Now that you said that.
11 Q. Okay.
12
13 MR. RICHARD C. MOSTY: I'll pass the
14 witness.
15
16
17 REDIRECT EXAMINATION
18
19 BY MR. TOBY L. SHOOK:
20 Q. When Mrs. Routier told you this story
21 in the hospital, you didn't cross-examine her or question
22 her or anything like that, did you? As to its truth or
23 veracity, did you?
24 A. No. The only question that I asked
25 her was how she knew it was her knife.
Sandra M. Halsey, CSR, Official Court Reporter
1246

1 Q. Okay. Did I -- at any of our meetings
2 that we have had, and gone over your testimony, and
3 questions I've asked you, did I ever try to get you to
4 lie or shade your testimony in any way?
5
6 MR. DOUGLAS MULDER: Object to
7 leading.
8 THE COURT: Overruled. Go ahead.
9 MR. DOUGLAS MULDER: He's bolstering
10 the witness.
11 THE COURT: Thank you, Mr. Mulder.
12 Ask your question.
13
14 BY MR. TOBY L. SHOOK:
15 Q. Have I ever tried to get you to do
16 anything like that, Mrs. Faulk?
17 A. No, sir.
18 Q. Okay.
19
20 MR. TOBY SHOOK: That's all the
21 questions I have, Judge.
22 MR. RICHARD C. MOSTY: Nothing
23 further.
24 THE COURT: You may step down, ma'am.
25 Your next witness, please.
Sandra M. Halsey, CSR, Official Court Reporter
1247

1 MR. GREG DAVIS: The State will call
2 Sergeant Tom Ward.
3 THE COURT: Sergeant Ward.
4 Were you sworn in the other day, sir?
5 THE WITNESS: Yes, sir, I was.
6 THE COURT: Have a seat right here,
7 please. Speak into the mike.
8 Go ahead, please.
9
10
11 Whereupon,
12
13 THOMAS DEAN WARD,
14
15 was called as a witness, for the State of Texas, having
16 been first duly sworn by the Court to speak the truth,
17 the whole truth, and nothing but the truth, testified in
18 open court, as follows:
19
20
21 DIRECT EXAMINATION
22
23 BY MR. GREG DAVIS:
24 Q. Sir, would you please tell us your
25 full name.
Sandra M. Halsey, CSR, Official Court Reporter
1248

1 A. My full name is Thomas Dean Ward,
2 W-A-R-D.
3 Q. Mr. Ward, how are you employed?
4 A. As a peace officer with the City of
5 Rowlett.
6 Q. How long have you been a Rowlett
7 Police Officer?
8 A. Ten years January the 8th of this
9 year.
10 Q. Are you a sergeant with the
11 department?
12 A. Yes, sir, I am.
13 Q. How long have you been a sergeant out
14 there?
15 A. Eight and a half years.
16 Q. All right. Now, you have been with
17 Rowlett for 10 years. Before going to Rowlett were you a
18 peace officer somewhere else in Dallas County?
19 A. Yes, sir, I was.
20 Q. What department did you serve at that
21 time?
22 A. Mesquite Police Department.
23 Q. How long were you a Mesquite Police
24 Officer?
25 A. Fourteen years and 8 months.
Sandra M. Halsey, CSR, Official Court Reporter
1249

1 Q. So you've been a police officer now
2 going on 25 years; is that right?
3 A. April 17th of this year is my 25th
4 year.
5 Q. Okay. Just a few things first.
6 Sergeant Ward, when did you get to Kerrville this week?
7 A. Sunday.
8 Q. Are you staying at the YO with the
9 rest of us?
10 A. Yes, sir.
11 Q. Prior to coming to Kerrville,
12 Sergeant, did I have an opportunity to talk to you about
13 this case?
14 A. Yes, sir.
15 Q. How many times have I talked to you
16 about your testimony prior to coming to Kerrville?
17 A. Prior to coming to Kerrville twice.
18 Q. Do you recall where those meetings
19 took place?
20 A. Both of them were at -- the first one
21 was in your office and the other one was there in the
22 building.
23 Q. Okay. My office is in the courthouse
24 in Dallas; is that right?
25 A. Yes, sir, in the courthouse.
Sandra M. Halsey, CSR, Official Court Reporter
1250

1 Q. So that was the first meeting. The
2 second one, did we meet in the courtroom?
3 A. The first one was the courtroom, but
4 the second one was at your office.
5 Q. All right. And, when we went to the
6 courtroom, were other Rowlett Police Officers present?
7 A. Yes, sir.
8 Q. And at that time, did we discuss the
9 testimony that would be presented in this case?
10 A. We did.
11 Q. Are there some Rowlett Police Officers
12 who have never testified in a court before?
13 A. Yes, sir.
14 Q. So we've met twice in Dallas. Have we
15 met to discuss your testimony since you've come to
16 Kerrville?
17 A. Briefly.
18 Q. All right. And when did that meeting
19 take place?
20 A. This morning.
21 Q. Were we back in the work room, I guess
22 back in the old jail is where we have got the office.
23 Right?
24 A. That's correct.
25 Q. And did we meet back there sometime
Sandra M. Halsey, CSR, Official Court Reporter
1251

1 after 8:00 this morning?
2 A. Yes, sir.
3 Q. Have I asked you to look at certain
4 photographs that will be offered as exhibits in this
5 case?
6 A. You have.
7 Q. Have I asked you to look at other
8 items that may be offered?
9 A. Yes, sir.
10 Q. Okay. Now, if we can, let's go back
11 to June the 6th of 1996, Sergeant Ward.
12 Let me ask you whether or not at 3:00
13 o'clock in the morning, were you on duty or were you at
14 home?
15 A. No, sir. I was at home in bed.
16 Q. All right. Were you sleeping?
17 A. Yes, sir.
18 Q. And, did you receive a phone call?
19 A. Yes, sir.
20 Q. And, was it concerning this case?
21 A. Yes, sir.
22 Q. And, were you asked to do certain
23 things in connection with this case?
24 A. Yes, sir. I was instructed to report
25 for duty.
Sandra M. Halsey, CSR, Official Court Reporter
1252

1 Q. All right. Did you, in fact, get up
2 and go to the police station there in Rowlett?
3 A. Yes, sir, I did.
4 Q. And do you recall about what time that
5 you got to the police station that morning?
6 A. It was shortly before 4:00 o'clock. I
7 would say somewhere around 15 till, 10 till, something
8 like that, 3:45, 3:50.
9 Q. All right. What was the purpose of
10 you going to the police station that morning?
11 A. I had to pick up a squad car, a marked
12 car. And when I got there I was also asked to pick up
13 other equipment. The officers on the scene, their
14 flashlights were running out, and they wanted new
15 flashlights. And I had some equipment to round up.
16 Q. About how long did it take you, once
17 you got up there, to round up all the stuff that you
18 needed to round up?
19 A. Not long. Probably within 10 minutes
20 I was in route.
21 Q. Okay. In route to where?
22 A. To Eagle Drive.
23 Q. All right. Would that be 5801 Eagle
24 Drive?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1253

1 Q. Let me ask you, when you got there,
2 did you meet with someone from the Rowlett Police
3 Department?
4 A. Yes, sir. My supervisor, Lieutenant
5 Grant Jack met me in the front yard.
6 Q. All right. And, did you give somebody
7 the supplies that you had brought up there to the
8 location?
9 A. Yes.
10 Q. Okay. After you did that, were you
11 given any instructions on what the folks up there at the
12 scene wanted you to do out there?
13 A. Yes, sir. My lieutenant instructed me
14 to supervise the outside perimeter.
15 Q. Okay. Just what does that mean
16 "supervise the outside perimeter"?
17 A. This was something like two hours
18 after the crime had been reported. And to supervise the
19 perimeter, that was my instructions. And from that what
20 I did was I placed an officer at each end of the alley
21 simply to stop people that would be going to work, the
22 residents that would be going to work. We wanted to find
23 out if they had seen anything. And then also I was to
24 make a sweep of the neighborhood.
25 Q. Okay. Do you know an Officer David
Sandra M. Halsey, CSR, Official Court Reporter
1254

1 Waddell?
2 A. Yes, sir, I do.
3 Q. Was he one of the officers that you
4 assigned to the alley?
5 A. Yes, sir, the north alley.
6 Q. And do you remember, just by chance,
7 do you remember the other officer that was assigned to
8 the other end of the alley?
9 A. Yes, sir, it was Dale Stevens who was
10 assigned to the south end of the alley.
11 Q. Okay. So you had the alley covered.
12 Correct?
13 A. That's correct.
14 Q. Anyone else that you gave instructions
15 to concerning the outside perimeter?
16 A. Yes, sir. There was another officer
17 at the scene, his name is Steve Ferrie. And I had
18 instructed Steve to go with me while we looked through
19 the neighborhood.
20 Q. All right. Now, do you recall at some
21 point while you were going through this neighborhood, do
22 you recall you and Officer Ferrie actually going down the
23 alley that's behind 5801 Eagle Drive?
24 A. Yes, sir.
25 Q. About what time that morning would you
Sandra M. Halsey, CSR, Official Court Reporter
1255

1 and Officer Ferrie have been going down that alley?
2 A. Approximately 4:30, a little after.
3 Q. And do you recall how you started --
4 let me just ask you: Is 5801 on one end of the alley?
5 A. Yes, sir.
6 Q. All right. Did you start on the end
7 of the alley closest to 5801 or did you start from the
8 opposite end of the alley?
9 A. Directly behind 5801.
10 Q. And what direction would you have been
11 going then?
12 A. South.
13 Q. Is it just you and Officer Ferrie?
14 A. Yes, sir.
15 Q. Is it still dark outside?
16 A. Yes, sir, it is.
17 Q. Were y'all using your flashlights at
18 that point?
19 A. Yes, sir.
20 Q. Just tell us what you and Officer
21 Ferrie began doing as you go down that alley. What are
22 y'all looking for?
23 A. By this time it's two hours after the
24 offense, and we're not really expecting to find our
25 suspect. What we're looking for is evidence. And,
Sandra M. Halsey, CSR, Official Court Reporter
1256

1 evidence that would be left by the suspect when he fled.
2 It might have been his hat. Maybe it blew off his head.
3 Maybe he dropped something. Maybe he was bleeding.
4 Maybe he left a track. Just anything that would lead us
5 back to that crime scene.
6 Q. Did you see any blood in the alley
7 that you would interpret to be the start of a trail?
8 A. No, sir.
9 Q. Did you see any blood at all at the
10 beginning of that alley, sir?
11 A. No, I did not.
12 Q. And that would have been behind 5801
13 Eagle Drive; is that right?
14 A. That's correct.
15 Q. Just if you would, describe for us
16 then, what you did back in that alley to look for
17 evidence.
18 A. You look in every backyard. If you
19 can't see in the backyard, you get to where you can.
20 There's a lot of wooden stockade fences. You check the
21 ground for blood, you look in the shrubs, you look in the
22 gutters, you look in the storm drains. You open every
23 trash can. You open every container. You look in the
24 boats. You look under cars. You search that alley.
25 Q. Okay. Were there garbage containers
Sandra M. Halsey, CSR, Official Court Reporter
1257

1 back there in the alley?
2 A. Yes, sir.
3 Q. Are they cans? Or are they rubber
4 containers? What sort of containers does Rowlett use for
5 the trash collection?
6 A. They're large rubber containers with a
7 lid on them.
8 Q. All right. And did you start looking
9 inside each one of those containers?
10 A. I did.
11 Q. Were there boats nearby the alley
12 close to 5801 Eagle Drive?
13 A. Yes, sir.
14 Q. Did you look in those boats for
15 evidence?
16 A. Yes, sir.
17 Q. Did you find any evidence in the
18 boats?
19 A. No, sir.
20 Q. The backyards that you started to look
21 at as you went south, did you actually then look over the
22 fence to determine whether or not you could see evidence
23 there?
24 A. We did.
25 Q. Did you find any evidence or anything
Sandra M. Halsey, CSR, Official Court Reporter
1258

1 that you thought might be connected with this offense?
2 A. We did not.
3 Q. And as you continued down the alley,
4 sir, did you find any blood on the pavement of the alley?
5 A. No, sir, we did not.
6 Q. Now, at some point, Sergeant Ward, did
7 you come to the portion of the alley that's behind 5709
8 Eagle Drive?
9 A. Yes, sir, we did.
10 Q. How many houses down from 5801 Eagle
11 Drive would 5709 Eagle Drive be?
12 A. I believe it's the third house.
13 Q. Okay. And as you came to that
14 particular location, let me ask you, had you found any
15 evidence prior to getting to that location?
16 A. No, sir, none at all.
17 Q. Any hats? Any clothing? Any weapons?
18 Anything at all that you would believe to be connected to
19 this offense?
20 A. None.
21 Q. Had you checked all the garbage
22 containers and all of the backyards and any vehicles that
23 you could check back there in that alley prior to getting
24 there?
25 A. Yes, sir, we had.
Sandra M. Halsey, CSR, Official Court Reporter
1259

1 Q. Okay. Now, when you got to 5709 Eagle
2 Drive, did you notice anything unusual at that point?
3 A. Yes. This is rear-entry houses, and
4 the alleyway in the drive to 5709 are right there. And
5 the trash was out, and beside the container was a white
6 athletic tube-sock type of sock, white sock.
7 Q. Okay. And were there any lights on
8 back there in the alley to help you find that item?
9 A. No, sir.
10 Q. Okay. Were you using your flashlight
11 still?
12 A. Yes, sir.
13 Q. Officer Ferrie still got his
14 flashlight?
15 A. Yes.
16 Q. Okay. So you actually saw it as you
17 were scanning the ground there?
18 A. That's correct.
19 Q. Okay.
20
21
22 (Whereupon, the following
23 mentioned item was
24 marked for
25 identification only
Sandra M. Halsey, CSR, Official Court Reporter
1260

1 after which time the
2 proceedings were
3 resumed on the record
4 in open court, as
5 follows:)
6
7
8 BY MR. GREG DAVIS:
9 Q. Sergeant Ward, if you would please
10 look at State's Exhibit 20, 20-A and 20-B.
11 A. Yes, sir.
12 Q. Are these three photographs -- first
13 of all, State's Exhibit 20, is this a true and accurate
14 depiction, an aerial shot of the portion of Eagle Drive
15 in the alleyway that you have just been testifying about?
16 A. That is correct, sir.
17 Q. State's Exhibit 20-A and 20-B, do they
18 truly and accurately depict the white sock that you found
19 as well as the garbage container, there in the alleyway
20 as they appeared on June the 6th, of 1996?
21 A. Yes, sir.
22 Q. Okay. And, these photographs here,
23 I've shown these to you prior to you testifying this
24 morning; is that right?
25 A. You have, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1261

1 Q. All right.
2
3 MR. GREG DAVIS: Your Honor, at this
4 time we'll offer State's Exhibits 20, 20-A and 20-B.
5 MR. RICHARD C. MOSTY: No objection.
6 THE COURT: State's Exhibit 20, 20-A
7 and 20-B are admitted.
8
9 (Whereupon, the items
10 Heretofore mentioned
11 Were received in evidence
12 As State's Exhibit No. 20, 20-A
13 and 20-B for all purposes,
14 After which time, the
15 Proceedings were resumed
16 As follows:)
17
18 MR. GREG DAVIS: Your Honor, may the
19 witness please step down for a moment?
20 THE COURT: He may.
21 Please step down. Watch your step
22 there.
23
24 (Whereupon, the witness
25 Stepped down from the
Sandra M. Halsey, CSR, Official Court Reporter
1262

1 Witness stand, and
2 Approached the jury rail
3 And the proceedings were
4 Resumed as follows:
5
6 BY MR. GREG DAVIS:
7 Q. All right. Sergeant, if you'll step
8 back here to my side here. Again, if we could just stand
9 back so that all the jurors can see what we're talking
10 about here.
11 Again, the top photograph, this is --
12 okay. Looking at State's Exhibit 20, again, this is an
13 aerial photograph of a portion of Eagle Drive and the
14 alley behind the Eagle Drive; is that correct?
15 A. Yes, sir.
16 Q. And, we have labeled 5801 with the red
17 designation of 5801 right here; is that correct?
18 A. Yes, sir.
19 Q. And Eagle Drive runs to the front of
20 the house and then it bends around to the side; is that
21 right?
22 A. That's correct.
23 Q. All right. The -- can you just point
24 out --
25
Sandra M. Halsey, CSR, Official Court Reporter
1263

1 THE COURT: The jury can't -- can you
2 see? The people down there may not be able to --
3
4 BY MR. GREG DAVIS:
5 Q. Again, if you'll stand back just a
6 little bit, sir, right down here.
7 A. All right.
8 Q. Now, if you would, just point out for
9 the members of the jury where that alley is back there.
10 A. The alley we're speaking of, this is
11 5801, and the alley is a rear-entry alley and it runs
12 right here.
13 Q. All right. And where on this alley
14 did you start your search that morning?
15 A. We began to search, the actual search
16 right here at the door. We came out, checked the alley,
17 and then turned and went south.
18 Q. All right. And I understand then that
19 whatever containers, boats, vehicles, backyards that you
20 would have searched, would have been then, from the
21 beginning of this alley to 5709 down here; is that right?
22 A. And beyond.
23 Q. All right. Now, when you got down to
24 5709 Eagle Drive, does State's Exhibit 20-A, does that
25 show the trash container as well as a white object next
Sandra M. Halsey, CSR, Official Court Reporter
1264

1 to it that turned out to be a tube sock?
2 A. Yes, it does.
3 Q. And State's Exhibit 20-B, is that a
4 closer photograph of that tube sock as it laid on the
5 ground next to the trash container?
6 A. Yes, sir.
7 Q. A white tube sock. Correct?
8 A. That's correct.
9 Q. Okay. Could you determine whether or
10 not there was any -- or appeared to be any blood on that
11 sock?
12 A. This stain here appeared to be blood.
13 Q. Okay. And you're pointing at this red
14 area here; is that correct?
15 A. Yes, sir.
16 Q. Okay. Sergeant, was that the only
17 blood that you could see on that sock?
18 A. That's it.
19 Q. Could you tell the members of the jury
20 about how big this red spot was on this sock?
21 A. Maybe half the size of my thumb, from
22 the first joint, and I don't even know if it was that
23 big. It was a small one, an inch by a half an inch,
24 three quarters of an inch.
25 Q. Okay. Let me just -- about the size
Sandra M. Halsey, CSR, Official Court Reporter
1265

1 of a dime, a quarter?
2 A. An elongated nickel, probably.
3 Q. Okay. Fair enough. Go ahead and have
4 a seat back up there.
5
6 (Whereupon, the witness
7 Resumed the witness
8 Stand, and the
9 Proceedings were resumed
10 On the record, as
11 Follows:)
12
13 BY MR. GREG DAVIS:
14 Q. When you had an opportunity to look at
15 this sock, did it appear that this sock was a new sock?
16 A. It didn't appear to be a brand new
17 sock. It appeared to be one that was in good condition.
18 Q. Okay. And when you actually saw it,
19 did you look in the -- on the ground surrounding this
20 sock, to see whether or not you could find any blood in
21 that area?
22 A. Yes, sir, we did.
23 Q. On the ground?
24 A. Yes.
25 Q. Did you see any blood on the grass
Sandra M. Halsey, CSR, Official Court Reporter
1266

1 where this sock was actually found?
2 A. No, I did not.
3 Q. Okay. Did you look at the garbage
4 container that was right next to the sock?
5 A. Yes, sir, I did.
6 Q. Could you see any blood on the trash
7 container there?
8 A. No, sir.
9 Q. Did you look inside the garbage
10 container?
11 A. Yes, sir, I did.
12 Q. What was inside that morning?
13 A. The grass clippings.
14 Q. Okay. Was the garbage container
15 empty, just a few grass clippings on the bottom, or did
16 it appear that it was waiting to be picked up?
17 A. Half to two-thirds full.
18 Q. Half to two-thirds full?
19 A. Yes, sir.
20 Q. Had you found trash in the other
21 containers?
22 A. Yes.
23 Q. All right. It appeared that they were
24 ready to be picked up that morning?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1267

1 Q. Okay. Did you see any blood inside
2 the trash container?
3 A. No, sir, I did not.
4 Q. Did you find anything else inside the
5 trash container beside the grass clippings?
6 A. Just grass clippings.
7 Q. Didn't find another sock in there?
8 A. No, sir.
9 Q. Didn't find any shoes inside the
10 garbage container?
11 A. No, sir.
12 Q. How about just in the area surrounding
13 the garbage container. Did you find any other socks?
14 A. No, sir, I did not.
15 Q. How about shoes?
16 A. No, sir.
17 Q. Just this one sock?
18 A. That is correct.
19 Q. Now, if I may, let me just step back
20 so that you and the jury can see what I'm going to point
21 at here. Does there appear to be a storm sewer drain
22 here right next to the garbage container?
23 A. Yes, sir, there is.
24 Q. Okay. Is there a manhole cover right
25 there?
Sandra M. Halsey, CSR, Official Court Reporter
1268

1 A. Yes, sir.
2 Q. Right next to it?
3 A. Yes, sir.
4 Q. Okay. Now, let me ask you, Sergeant
5 Ward, did you ever have an opportunity to look inside
6 that storm sewer?
7 A. Yes, sir. We didn't have a key to it
8 at the time, but I laid down and shined my flashlight
9 down looking at the base, and then it, it kind of runs
10 off at a funny angle. It doesn't run true with the
11 alley, the drain doesn't. And I looked down the drain as
12 far as I could.
13 Q. Okay. When you looked inside the
14 drain, did you see any blood?
15 A. No, sir.
16 Q. Did you see any other socks?
17 A. No, sir.
18 Q. Did you see any shoes?
19 A. No, sir.
20 Q. Did you see anything inside that drain
21 when you looked in it that morning?
22 A. No, sir, I did not.
23 Q. This sock that you located by the
24 garbage container, did you take possession of it at that
25 time?
Sandra M. Halsey, CSR, Official Court Reporter
1269

1 A. I did not take possession of it. I
2 stood guard over it.
3 Q. All right. Do you have an officer by
4 the name of David Mayne with the Rowlett Police
5 Department?
6 A. Yes, sir.
7 Q. Is he in the Physical Evidence
8 Section?
9 A. Yes, sir.
10 Q. Did Officer Mayne come to that scene
11 and actually take possession of the sock?
12 A. That is correct.
13 Q. Did you stop your search of the alley
14 after you found that sock?
15 A. No, sir, we did not.
16 Q. Okay. How far down the alley did you
17 go?
18 A. All the way to the end.
19 Q. All right. Did you continue searching
20 garbage containers?
21 A. Yes, sir.
22 Q. Did you continue searching vehicles or
23 boats?
24 A. Yes, sir, we did.
25 Q. Did you continue searching the alley
Sandra M. Halsey, CSR, Official Court Reporter
1270

1 itself?
2 A. We did.
3 Q. Backyards also?
4 A. Yes, sir.
5 Q. What else did you find in your search
6 of that alley?
7 A. On this particular search?
8 Q. Yes, sir.
9 A. Nothing.
10 Q. Now, let me just ask you: Besides the
11 elongated nickel-sized blood spot on this sock, Sergeant
12 Ward, did you ever see any other blood in that alley all
13 the way from the start to the finish of your search, sir?
14 A. No, sir, we did not.
15 Q. Do you know about how long it took you
16 to search that alley?
17 A. Probably till about 5:15.
18 Q. Okay.
19 A. 5:20, something like that.
20 Q. So, you started about what time?
21 A. Shortly before 4:30, 4:25 maybe,
22 something like that.
23 Q. And you went to what time?
24 A. It was almost an hour. I think we
25 probably finished up 50, 55 minutes later.
Sandra M. Halsey, CSR, Official Court Reporter
1271

1 Q. All right. And was Officer Ferrie
2 with you the entire way?
3 A. Within sight of me, yes.
4 Q. Basically helping you search?
5 A. Well, yes, sir. We kind of split it
6 up. He took one side and I took the other.
7 Q. All right. Now, after you finished
8 your search of the alley, Sergeant, what did you do at
9 that point?
10 A. We began canvassing the neighborhood
11 and waking people up.
12 Q. And when you are talking about
13 canvassing the neighborhood, what's the purpose of
14 canvassing the neighborhood?
15 A. To just see if anybody throughout the
16 night had seen or heard anything suspicious, if there was
17 any unusual activity. Had there been any strange people
18 in that neighborhood, that sort of thing.
19 Q. Do you remember which houses that you
20 went to personally to canvas?
21 A. I don't remember all of them, sir. I
22 probably went somewhere around 12 to 15 houses.
23 Q. Okay. And in relation to 5801 Eagle
24 Drive, do you remember where some of these houses would
25 have been?
Sandra M. Halsey, CSR, Official Court Reporter
1272

1 A. Yes, sir, I do. Now, the ones
2 immediately south of, and behind the house, I personally
3 made contact with those folks.
4 Q. Okay. Let me just show you --
5
6 MR. GREG DAVIS: If the witness could
7 please step down again just a moment.
8
9 (Whereupon, the witness
10 Stepped down from the
11 Witness stand, and
12 Approached the jury rail
13 And the proceedings were
14 Resumed as follows:)
15
16 BY MR. GREG DAVIS:
17 Q. Again, Sergeant, if you'll stand back
18 here so that all of the jurors can see here.
19 You said that you started canvassing
20 the houses behind and to the south of 5801; is that
21 right?
22 A. Yes, sir.
23 Q. What area of this photograph, which is
24 State's Exhibit No. 7. Where would we see those houses?
25 A. This is 5801, and I made contact with
Sandra M. Halsey, CSR, Official Court Reporter
1273

1 these houses through here.
2 Q. So you have shown us the three houses
3 that -- let's see, it would be to the south on Eagle; is
4 that right?
5 A. Um-hum. (Witness nodding head
6 affirmatively).
7 Q. And then you have shown us the first
8 five houses on Willowbrook Drive beginning Eagle and then
9 going south; is that right?
10 A. That is correct.
11 Q. Okay. Now, when you say "canvas," did
12 you actually talk to the occupants of these houses?
13 A. Yes, sir, we did, we woke them up.
14 Q. Okay. What kind of questions were you
15 asking these people?
16 A. "Did you see anything through the
17 night? Did you hear anything through the night? Has
18 there been any unusual activity? Have strangers been in
19 the neighborhood? Is there anything, that you would be
20 able to tell us, that would help us with this?"
21 Q. Okay. I want to just ask of the, I
22 guess the eight houses that you went to right here, did
23 you get any information that would help?
24 A. No.
25 Q. All right. You did these eight houses
Sandra M. Halsey, CSR, Official Court Reporter
1274

1 here?
2 A. Yes.
3 Q. Did you ever canvas any other houses
4 in the neighborhood, Sergeant?
5 A. Right here where Linda Vista comes in.
6 I talked to all of these people that were immediately
7 next to them. About five houses here and over here. But
8 there were other officers that were canvassing the
9 neighborhood also. And we went to where Linda Vista came
10 in, these houses around here.
11 Q. Okay. Let me just ask you, you
12 personally, let's just deal with people that you dealt
13 with personally.
14 A. Okay.
15 Q. Of all the houses and all the
16 occupants that you talked to out there, did you
17 personally ever get any information concerning what might
18 have happened out there that night?
19 A. No, sir, I did not.
20 Q. Okay. Sergeant, you can go back up
21 there.
22
23 (Whereupon, the witness
24 Resumed the witness
25 Stand, and the
Sandra M. Halsey, CSR, Official Court Reporter
1275

1 Proceedings were resumed
2 On the record, as
3 Follows:)
4
5 BY MR. GREG DAVIS:
6 Q. Sergeant, let me ask you if later that
7 morning, still on June 6th, later that morning if you
8 ever had another occasion of going to the alley behind
9 5801 Eagle Drive?
10 A. Yes, sir. We wanted to redo the
11 search. And the reason being, in the middle of the night
12 you're operating by flashlight, and you miss stuff. So,
13 as soon as good daylight came, we went back through the
14 alley and repeated the procedure.
15 Q. Okay. Now, it's daylight. Did you do
16 the exact same thing that you had done between 4:25 and
17 5:20?
18 A. Yes, sir.
19 Q. Okay. Did you go back and look at the
20 garbage containers again?
21 A. Yes, sir.
22 Q. Did you look at the boats again?
23 A. Yes, sir.
24 Q. Did you look at the vehicles again?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1276

1 Q. Did you look in the backyards again?
2 A. Yes, sir.
3 Q. Did you look in the alleyway itself,
4 the paved portion, and the grass that surrounds the
5 alley?
6 A. Yes, sir.
7 Q. Let me ask you: Did you ever find any
8 other blood in that alley, in either the paved portion or
9 the grass that's right next to that paved part of the
10 alley?
11 A. No, sir, we did not.
12 Q. Did you ever find any other item,
13 either in that alley, garbage containers, in backyards,
14 in vehicles, boats, any other item that had blood on
15 them?
16 A. No, sir.
17 Q. Did you find any other item of
18 clothing during that search?
19 A. No, sir.
20 Q. Specifically, did you find any sock
21 that might be a match, or mate to the sock that you found
22 there at 5709 Eagle?
23 A. No, sir, we did not.
24 Q. Find any socks?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1277

1 Q. How about shoes? Did you ever find
2 any shoes back there during your search?
3 A. No, sir.
4 Q. Let me ask you: At some point in your
5 search of that alley, Sergeant Ward, did you again come
6 to the part of the alley that's there at 5709 Eagle
7 Drive?
8 A. Yes, sir.
9 Q. All right. And the next street over
10 would be Willowbrook. Correct?
11 A. That is correct.
12 Q. All right. Did you have occasion to
13 look into the backyard that would have been across the
14 alley from 5709 Eagle Drive?
15 A. Yes, sir.
16 Q. And, when you looked over there, could
17 you see any knives in the backyard?
18 A. Yes, sir.
19 Q. Okay. Describe for the jury exactly
20 what you saw, when you looked over into this backyard?
21 A. The backyard had a hedge that kind of
22 ran around the back of it. There was some rubber edging
23 or molding that people use to outline their flowerbeds.
24 It's like maybe four or five inches wide. It comes in a
25 roll and you unroll it. It's plastic. You put part of
Sandra M. Halsey, CSR, Official Court Reporter
1278

1 it in the ground. You bury part of it.
2 And then, right at the end there was a
3 string that was on the ground; a screwdriver, a
4 yellow-handled screwdriver; a metallic knife that was
5 laying on the ground between the screwdriver and the
6 other knife.
7 The other knife was a kitchen butcher
8 knife and it was sticking in the ground.
9 Q. Okay. Now, the -- as I understood it,
10 there are hedges back there?
11 A. Yes, sir.
12 Q. And this rubber edging for flowerbeds,
13 is it back there also?
14 A. Yes, sir.
15 Q. Okay.
16 A. As a matter of fact, part of that had
17 been buried. And when you got to where the knives were,
18 it came up out of the ground and it was just a lose end
19 that hadn't been worked with yet. It was laying there by
20 the knives.
21 Q. Okay. Was there also a string back
22 there?
23 A. Yes, sir.
24 Q. How close to the edging was the
25 string?
Sandra M. Halsey, CSR, Official Court Reporter
1279

1 A. It's kind of parallel. The string was
2 more to the center side of the yard, lawn. And it was
3 lose. It wasn't packed or anything.
4 Q. Have you ever heard of using a string
5 line to line something up?
6 A. Yes, sir, I have.
7 Q. All right. How about the knives that
8 you saw. Were they just laying loose in the backyard
9 when you could see them, or how were they located back
10 there?
11 A. Well, the metallic knife, that was
12 solid metallic, was laying on the ground. And the
13 kitchen butcher knife was sticking in the ground. About
14 half of the blade buried in the ground.
15 Q. All right. How close to the string
16 and to the rubber material were the knives?
17 A. Right adjacent to them. I mean, a
18 couple of feet.
19 Q. All right. You say that one of them
20 was laying down, the other one was actually stuck in the
21 ground?
22 A. That's correct.
23 Q. When you looked at them, the light was
24 good at that time. Right?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1280

1 Q. Could you see any blood on either one
2 of those two knives, sir?
3 A. No.
4 Q. Either on the handle or on the blade
5 portion of those two knives?
6 A. No, sir.
7
8
9 (Whereupon, the following
10 mentioned item was
11 marked for
12 identification only
13 after which time the
14 proceedings were
15 resumed on the record
16 in open court, as
17 follows:)
18
19 BY MR. GREG DAVIS:
20 Q. Sergeant Ward, if you would, look at
21 State's Exhibit 21, State's Exhibit 22. Have I shown you
22 these two knives before your testimony this morning?
23 A. Yes, sir, you have.
24 Q. Okay. Have I asked you to look at
25 them and tell me whether or not they look like the two
Sandra M. Halsey, CSR, Official Court Reporter
1281

1 knives that you saw in the backyard that morning?
2 A. Yes, sir, you have.
3 Q. All right. And just tell the members
4 of the jury whether or not these two knives look like the
5 two knives that you saw that morning?
6 A. Yes, sir.
7 Q. Okay.
8
9 MR. GREG DAVIS: Your Honor, at this
10 time we'll offer State's Exhibit 21 and 22.
11 MR. DOUGLAS MULDER: No objection.
12 THE COURT: State's Exhibit 21 and 22
13 are admitted.
14 MR. DOUGLAS MULDER: Which is which?
15 MR. GREG DAVIS: 21 is going to be all
16 steel. 22 has the wooden handle.
17
18 (Whereupon, the above
19 mentioned items were
20 received in evidence as
21 State's Exhibit Numbers
22 21 & 22, for all purposes
23 after which time,
24 the proceedings were
25 resumed on the record,
Sandra M. Halsey, CSR, Official Court Reporter
1282

1 as follows:)
2
3 BY MR. GREG DAVIS:
4 Q. Sergeant Ward, the -- which one of
5 these knives was actually stuck into the ground?
6 A. This one.
7 Q. All right.
8 A. As they appeared to me on the morning
9 of June the --
10
11 THE COURT: Let the record reflect
12 that the witness is referring to State's Exhibit 22.
13
14 BY MR. GREG DAVIS:
15 Q. Right.
16 A. As they appeared to me on the morning
17 of the 6th, the screwdriver would have been on the
18 right-hand side. And it was sticking in the ground. It
19 was a yellow-handled screwdriver. And this knife was
20 laying with the blade away from me like that. And this
21 knife was stuck in the ground here, with about that much
22 of the blade in the ground.
23
24 THE COURT: Okay. The first knife you
25 referred to was?
Sandra M. Halsey, CSR, Official Court Reporter
1283

1 THE WITNESS: 21.
2
3 BY MR. GREG DAVIS:
4 Q. 21 was the knife where the blade edge
5 was pointing away from you. Correct?
6 A. That is correct.
7 Q. And you're holding State's Exhibit No.
8 22, and you're indicating to us, if you would,
9 approximately, how many inches of the blade was into the
10 ground itself?
11 A. Three and a half to four inches.
12 Q. All right. Now, the handle of the
13 screwdriver, could you see it?
14 A. Yes, sir.
15 Q. Was there anything on the handle that
16 you could see?
17 A. It appeared as though they had --
18 somebody had been using it with muddy hands.
19 Q. Okay. Why? Why did it look that way?
20 A. When you -- when they were installing
21 this, it looked as though that they had used these items
22 or these utensils to install that rubber edging, for
23 digging, for cutting it, that sort of thing.
24 The screwdriver was sticking in the
25 ground and there was mud on the handle.
Sandra M. Halsey, CSR, Official Court Reporter
1284

1 Q. Okay.
2 A. There was mud on all of these items.
3 Q. Okay. Did it appear to be fresh mud
4 or dried blood -- I mean, dried mud?
5 A. It was fresh.
6 Q. Let me just ask you: Let's talk about
7 State's Exhibit No. 21. Okay. You had a chance to look
8 at both the handle and knife blade. Correct?
9 A. Uh-huh. (Witness nodding head
10 affirmatively.)
11 Q. Could you see anything on this knife,
12 No. 21?
13 A. No, sir, I could not.
14 Q. Okay. All right. No blood?
15 A. No.
16 Q. All right. Any mud that you could
17 determine that you could see on that?
18 A. Yes, sir, there was mud.
19 Q. All right. What portion of State's
20 Exhibit No. 21 could you see mud on?
21 A. There was mud all over the knife. I
22 mean, it had been used by somebody in the mud. It was
23 muddy.
24 Q. Okay. Again, was it fresh or did it
25 appear to be dried mud?
Sandra M. Halsey, CSR, Official Court Reporter
1285

1 A. It appeared to be fresh. It was still
2 moist-looking.
3 Q. All right. Is it on the handle up
4 here?
5 A. Yes, sir.
6 Q. As well as on the blade?
7 A. Yes, sir.
8 Q. Now we're looking at State's Exhibit
9 No. 22, of course, part of the blade is actually into the
10 ground; is that right?
11 A. That's correct.
12 Q. Okay. All right. Let's talk about
13 first then the handle portion of State's Exhibit No. 22.
14 Could you see anything on that?
15 A. Mud.
16 Q. All right. Mud again?
17 A. Yes, sir.
18 Q. Okay. Covering what portion of the
19 handle?
20 A. Almost entirely all of the handle.
21 Q. Okay. How about the portion of the
22 blade that you could see actually sticking out of the
23 ground? Was there anything on that?
24 A. That portion had some mud on it, but
25 that was the cleanest part of the knife was that portion.
Sandra M. Halsey, CSR, Official Court Reporter
1286

1 Q. Some mud, but not as much as on the
2 handle; is that right?
3 A. That's correct.
4 Q. All right.
5 A. Also on these knives, when you looked
6 at this knife, you could see where somebody had gripped
7 it, where they had been digging, and where their hand
8 left the imprint of their hand on the handle where they
9 had been digging with it and that sort of thing. You
10 could actually see where somebody had been using it in
11 the mud.
12 Q. Okay. A hand imprint in the mud; is
13 that right?
14 A. Yes, sir. Where you could see the
15 fingers, where the fingers were on the handle.
16 Q. All right. Sergeant Ward, when you
17 saw the screwdriver, and you saw these two knives, did
18 you retrieve them at that time?
19 A. No, sir, I did not.
20 Q. Okay. Would you just tell the members
21 of the jury why you decided not to retrieve them at that
22 time?
23 A. It was my opinion that they weren't
24 connected with the offense. Had there been any doubt in
25 my mind that either of these knives, the screwdriver, the
Sandra M. Halsey, CSR, Official Court Reporter
1287

1 string, or the edging, had been connected with this
2 offense we would have retrieved it. There was no
3 question in my mind then or now that they were not
4 connected.
5 Q. Okay. Let me just ask you: If you
6 would, just tell us, tell us the factors that went into
7 your decision and why you believed that these two knives
8 and the screwdriver were not connected to the offense.
9 A. At the time that I found these, I was
10 accompanied by the lead investigator, J.R. Patterson. We
11 had been, or Patterson had been told --
12
13 MR. RICHARD C. MOSTY: Objection.
14 That's hearsay, clearly.
15 THE COURT: Just state what you
16 actually know yourself. Rephrase the question.
17
18 BY MR. GREG DAVIS:
19 Q. Let me just ask you: At the time that
20 you saw these two knives, did you know whether or not a
21 knife with blood on it had been retrieved from inside the
22 residence at 5801 Eagle Drive?
23 A. Yes, sir, I did.
24 Q. So you knew that?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1288

1 Q. Okay. And then if you would, again,
2 what were your personal observations about these two
3 knives that led you to believe that they were not
4 connected to the offense and that you would not retrieve
5 them at that time?
6 A. There was no blood at all. That was
7 the primary.
8 Secondly, these knives, the way they
9 were arranged with the items that they were found with,
10 it was obvious that they had been used in planting that
11 edging around the flowerbed. And whoever had not
12 finished the job and they left their utensils there.
13 The edging, part of it was buried, and
14 as you got closer to the alley and it turned and went
15 south, it came up out of the ground and was still laying
16 lose, and it was kind of in a curl.
17 Looking at it, whoever was installing
18 that edging, just left the utensils that they were using
19 there.
20 Also, there was a six foot locked
21 fence that surrounded these items. The back gate was
22 locked. The fence is an iron fence that's got bars about
23 every six inches. You can see through it. It's easily
24 seen through.
25 But you can't hardly get, you know,
Sandra M. Halsey, CSR, Official Court Reporter
1289

1 it's hard to climb. You can't hardly get over it.
2 Q. So the fence is six feet tall. Right?
3 A. Yes, sir.
4 Q. Have you seen those fences -- the
5 fences, sometimes they'll put around apartment complexes,
6 a kind of a security fence where they've got the vertical
7 slats, the metal slats?
8 A. Yes, sir. Very similar.
9 Q. Is that very similar to that kind of
10 fence behind this yard?
11 A. Yes, sir.
12 Q. And did you actually you, yourself,
13 did you go and check the gate of that yard to make sure
14 that it was locked?
15 A. Yes, sir, I did.
16 Q. And it was locked. Correct?
17 A. Yes, sir, it was.
18 Q. Okay.
19 A. Another thing that --
20
21 MR. RICHARD C. MOSTY: Excuse me, your
22 Honor, I don't believe a question was asked of this
23 witness.
24 THE COURT: Well, I'll let him answer
25 it. Go ahead.
Sandra M. Halsey, CSR, Official Court Reporter
1290

1 MR. RICHARD C. MOSTY: Answer a
2 question that hadn't been asked?
3 THE COURT: Well, I think we can clear
4 it up, Mr. Mosty.
5
6 BY MR. GREG DAVIS:
7 Q. Were there any other factors that led
8 you not to collect these two knives, sir?
9 A. Yes, sir. The -- when you find
10 something that is suspicious, it has to be taken into
11 consideration of everything that was found there.
12 Everything. If you find a knife in one place, it is, and
13 another place that it isn't.
14 I was absolutely positive that those
15 things had not been used.
16 Q. Okay. Has your opinion changed?
17 A. None.
18 Q. And, again, do I understand you to say
19 that even after you saw these two knives, that you
20 continued the entire length of that alley again searching
21 in daylight?
22 A. Yes, sir, we did.
23 Q. No other items retrieved or seen; is
24 that right?
25 A. None.
Sandra M. Halsey, CSR, Official Court Reporter
1291

1 Q. Let me just ask you: Do you recall
2 how long that you stayed out there at the residence that
3 day before you left?
4 A. About 7:00 PM, I think.
5 Q. All right. Just in general, your
6 duties, after you went down the alley with Detective
7 Patterson, what types of things are you doing? Are you
8 part of the crime scene team out there?
9 A. No, sir. Generally what I did was I
10 facilitated the outside perimeter. I made sure that the
11 guys that were maintaining the perimeter had bathroom
12 breaks, that they had sufficient water. If somebody on
13 the inside of the house needed something, I made sure
14 that they got it, that sort of thing.
15 Q. So you're basically -- you're a
16 supervisor from that point on; is that right?
17 A. That's correct.
18 Q. Okay. Sergeant --
19
20 THE COURT: I think we'll go ahead and
21 take our morning break right now.
22 Speaking of break, we'll take one.
23 All right. Let's make it -- be back
24 at 10:45 by that clock, please.
25
Sandra M. Halsey, CSR, Official Court Reporter
1292

1 (Whereupon, a short
2 Recess was taken,
3 After which time,
4 The proceedings were
5 Resumed on the record,
6 In the presence and
7 Hearing of the defendant
8 And the jury, as follows:)
9
10 THE COURT: All right. Bring the jury
11 in, please. Are both sides ready to bring the jury in
12 and resume?
13 MR. GREG DAVIS: Yes, sir, the State
14 is ready.
15 MR. DOUGLAS MULDER: Yes, sir, the
16 defense is ready.
17 THE COURT: All right. Bring the jury
18 in please. Let's proceed.
19
20 (Whereupon, the jury
21 Was returned to the
22 Courtroom, and the
23 Proceedings were
24 Resumed on the record,
25 In open court, in the
Sandra M. Halsey, CSR, Official Court Reporter
1293

1 Presence and hearing
2 Of the defendant,
3 As follows:)
4
5 THE COURT: All right. Be seated.
6 Let the record reflect that all parties in the trial are
7 present and the jury is seated.
8 Mr. Davis.
9 MR. GREG DAVIS: Thank you, Judge.
10
11 (Whereupon, the following
12 mentioned item was
13 marked for
14 identification only
15 after which time the
16 proceedings were
17 resumed on the record
18 in open court, as
19 follows:)
20
21
22 DIRECT EXAMINATION (Resumed)
23
24 BY MR. GREG DAVIS:
25 Q. Sergeant Ward, let me show you what
Sandra M. Halsey, CSR, Official Court Reporter
1294

1 I've had marked for identification purposes as State's
2 Exhibit 20-C. Do you recognize that, sir, to be a report
3 that you prepared in this case?
4 A. This is my rough draft report that I
5 prepared. Yes.
6 Q. All right. And let me just ask you:
7 You say this is a rough -- rough notes of what happened.
8 Correct?
9 A. Yes, sir.
10 Q. In all fairness, did you also prepare
11 a handwritten report about what happened?
12 A. Yes, sir, I did.
13 Q. All right. And, have we looked for
14 that, and has your lead detective looked for that and can
15 we not find that?
16 A. And the secretary back home has looked
17 for that and we can't find it.
18 Q. Okay. Well, let me just ask you: You
19 know, Mr. Mulder has got a copy of 20-C, but let me just
20 ask you, did you use 20-C to prepare your handwritten
21 report?
22 A. Yes, sir, I did.
23 Q. So this is -- would it be fair to say
24 that this is the basis of the report that today we cannot
25 find; is that right?
Sandra M. Halsey, CSR, Official Court Reporter
1295

1 A. Yes, sir.
2 Q. All right. Do you know of any other
3 additional information in that written report, the
4 handwritten report that's not in 20-C?
5 A. Yes, sir. I did that at the end of
6 June the 6th. Probably around 8:00 PM.
7 Q. Okay.
8 A. And it starts off, you'll notice that
9 the date is blank.
10 Q. Right.
11 A. I couldn't think of it, and I just
12 skipped over it. And on my handwritten copy I went back
13 and I put the date in.
14 Q. Okay. You actually put the 6th of
15 June?
16 A. Yes.
17 Q. Instead of just leaving it, the actual
18 date blank. Right?
19 A. I went back in and filled in the date.
20 Q. Okay.
21 A. And then, at the bottom of that
22 paragraph, it says that the sock was recovered by Officer
23 Beddingfield, but it was recovered by Officer Mayne. And
24 I'm aware of that.
25 Q. Okay. So, in this one you didn't
Sandra M. Halsey, CSR, Official Court Reporter
1296

1 actually put in the 6th, you just left the date blank,
2 and you put in that the sock was taken by Beddingfield
3 instead of taken by David Mayne actually. Correct?
4 A. That's correct.
5 Q. Okay.
6
7 MR. GREG DAVIS: All right. Your
8 Honor, at this time we'll pass the witness.
9 THE COURT: Mr. Mosty.
10
11
12 CROSS EXAMINATION
13
14 BY MR. RICHARD MOSTY:
15 Q. Sergeant Ward, how long did you say
16 you've been an officer?
17 A. 24 years and 8 months.
18 Q. And with Rowlett, how long?
19 A. Ten years.
20 Q. And you were a supervisor of what?
21 A. Patrol.
22 Q. And how many people are under your --
23 A. It varies from what shift you're on,
24 as many as 10 and as few as 6.
25 Q. Okay. Are you in charge of all the
Sandra M. Halsey, CSR, Official Court Reporter
1297

1 patrol officers?
2 A. No, sir, just my shift.
3 Q. You have a shift that you're in charge
4 of?
5 A. That's correct.
6 Q. All right. And you have been trained,
7 I guess, in collection of evidence and preservation of
8 crime scenes?
9 A. Yes, sir.
10 Q. And those types of things.
11 A. Yes.
12 Q. And you understand the importance of
13 collecting all of the evidence that might be of any, even
14 questionable assistance in the case?
15 A. Yes, sir, I sure do.
16 Q. Isn't the rule that, you know, let's
17 collect it all and figure out what's important later?
18 A. Yes, sir.
19 Q. And do you instruct your patrol
20 officers in that same manner?
21 A. Yes, sir, I do.
22 Q. But I know they're not investigators
23 full time, but often times they might be the first person
24 on the scene.
25 A. That is correct.
Sandra M. Halsey, CSR, Official Court Reporter
1298

1 Q. So they're trained to preserve and
2 observe crime scenes?
3 A. That's correct.
4 Q. Now, did you take notes that night?
5 A. Yes, sir.
6 Q. In your whip-out book?
7 A. Not a whip-out book. I carried a big
8 notebook.
9 Q. A big note book?
10 A. Yes.
11 Q. And where are those notes?
12 A. Locked up in my file cabinet, I
13 believe.
14 Q. Okay. And when did you lock them up
15 in the file cabinet?
16 A. When I finished that report.
17 Q. Finished what report? The typewritten
18 one or the missing --
19 A. No, the handwritten.
20 Q. Okay.
21 A. So, probably since maybe June the
22 10th.
23 Q. Okay. The missing report is the
24 handwritten one?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1299

1 Q. And that's about June 10th?
2 A. I did the handwritten report the next
3 day.
4 Q. All right.
5 A. When I did that one that's in front of
6 you there, it was June 6th, I got up somewhere around
7 3:10 or 3:15 in the morning, somewhere around 8:00
8 o'clock when I wrote that one. When I got through with
9 that that, I was done. I went home. And I did that
10 while it was still fresh in my mind.
11 Q. Okay. So, you got some notes that are
12 in the file cabinet. From the notes you did a written
13 report? Am I right?
14 A. Yes. From my handwritten notes I did
15 a report.
16 Q. Okay. And that handwritten -- the
17 missing report was done on the 7th?
18 A. That's correct.
19 Q. Okay. And when did it turn up
20 missing?
21 A. Today.
22 Q. Today?
23 A. Today.
24 Q. When did you first go looking for it?
25 A. Today.
Sandra M. Halsey, CSR, Official Court Reporter
1300

1 Q. You looked for your notes?
2 A. Today.
3 Q. Today?
4 A. Um-hum. (Witness nodding head
5 affirmatively).
6 Q. You couldn't find the notes?
7 A. I had a copy of the thing right there
8 in front of you that I reviewed.
9 Q. That's it?
10 A. That's it. That's all the review I've
11 had.
12 Q. Matter of fact, the copy that I'm
13 looking at -- well, you made a handwritten report. Is it
14 a full report? I mean --
15 A. The handwritten report --
16 Q. On the such and such day, such and
17 such I did, and it describes everything you did?
18 A. Everything of importance, yes.
19 Q. And I assume that you never have
20 looked for that until today?
21 A. That's correct. There are two things
22 in my notes --
23 Q. Well, let's talk about the handwritten
24 notes for a minute.
25 A. Okay.
Sandra M. Halsey, CSR, Official Court Reporter
1301

1 Q. You had not ever reviewed that from
2 June 7th?
3 A. I have never reviewed the handwritten
4 notes.
5 Q. Okay. And, when you did those
6 hands -- that handwritten report, what did you do with
7 it?
8 A. Turned it in.
9 Q. To?
10 A. When we turn in a report, you stick it
11 in a file. There's a file cabinet there for reports that
12 are going in. You put it in there. And then it's
13 dispersed throughout the department wherever it needs to
14 go.
15 Q. Is it like an in-basket?
16 A. Yes, an in-basket/out-basket.
17 Q. For daily reports?
18 A. Yes, sir.
19 Q. And then you say it's distributed
20 within the department?
21 A. Yes, sir.
22 Q. And, but if there's an investigating
23 officer, a copy of your report will go to the lead
24 detective, for instance?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1302

1 Q. A copy will go to the district
2 attorney?
3 A. Yes, sir. It will go in the case
4 file.
5 Q. Okay. So, anything that you have
6 noted, whether it's important, or it excludes something,
7 or whatever it is, those copies are distributed around,
8 so that the important -- so the people in charge will
9 know what's happening?
10 A. Things that are important, not
11 necessarily to exclude something, but things that are
12 important, yes.
13 Q. Okay. And then, if I understand, you
14 typed a report, after the handwritten report?
15 A. No.
16 Q. No?
17 A. I took the handwritten notes.
18 Q. Okay.
19 A. And the handwritten notes are just
20 like anybody else's handwritten notes. They're enough to
21 jog your memory.
22 Q. Okay.
23 A. They're not in detail.
24 Q. Okay.
25 A. From that, the evening of the 6th, I
Sandra M. Halsey, CSR, Official Court Reporter
1303

1 prepared that report that's in front of you.
2 Q. Okay. So you got your notes and
3 they're just hieroglyphics or scribbling, or whatever it
4 is to remind yourself?
5 A. They're notes to remind yourself.
6 They're not hieroglyphics.
7 Q. Okay. And if you read my writing you
8 might call it hieroglyphics.
9 Okay. And then you wrote -- would you
10 call it a narrative report?
11 A. The report that I submitted is just
12 almost verbatim of that report that's in front of you.
13 Q. Well, I understand. But let's talk
14 about on June the 6th.
15 A. June the 6th.
16 Q. When you're sitting there, and I guess
17 you've got your notes beside you, or referring to them
18 when you need to?
19 A. Yes.
20 Q. And you're handwriting out?
21 A. No.
22 Q. No?
23 A. No. I'm typing.
24 Q. Okay.
25 A. I took the handwritten notes, I typed
Sandra M. Halsey, CSR, Official Court Reporter
1304

1 them, and then I hand wrote them again.
2 Q. Okay. You took --
3 A. Typing is in the middle.
4 Q. Typing is in the middle?
5 A. Yes, sir.
6 Q. And then, after you had typed up this
7 report, then you sat down with this report, and got you a
8 pad of paper and commenced to handwriting out this
9 report?
10 A. Yes, sir, I did.
11 Q. But when you did that, did you put the
12 two of them together? I mean, did you take them and take
13 them to the in-box and did you throw them together in the
14 in-box?
15 A. No.
16 Q. Well, what did you do with them?
17 A. I saved one on the computer and turned
18 the other one in.
19 Q. Okay. So even the one on the
20 computer's lost?
21 A. No.
22 Q. The hard copy?
23 A. The copy that you've got this morning
24 we called back to the department and the secretary went
25 in and pulled it up off of my hard drive and faxed it to
Sandra M. Halsey, CSR, Official Court Reporter
1305

1 us.
2 Q. Okay. And, as a matter of fact, she
3 faxed it down here at 9:44 AM this morning?
4 A. I didn't check the time, but that's
5 close.
6 Q. All right. What time did you start
7 testifying?
8 A. Right after that.
9 Q. When you started testifying, had this
10 report even come in?
11 A. Yes, sir.
12
13 THE COURT: Let the record reflect
14 that this witness started testifying at 9:54 AM.
15 MR. RICHARD MOSTY: Okay.
16 THE WITNESS: Counselor, we didn't
17 know this thing was missing until this morning, or
18 believe me, I would have had it.
19
20 BY MR. RICHARD MOSTY:
21 Q. So you never had an opportunity to
22 look for it?
23 A. No, sir.
24 Q. Okay. But now this one -- so the hard
25 copy, did you sign the one that you typed up?
Sandra M. Halsey, CSR, Official Court Reporter
1306

1 A. No, sir.
2 Q. You don't sign those?
3 A. It's on my computer.
4 Q. Okay. But --
5 A. That's my rough copy of my notes.
6 That's not the one I turned in.
7 Q. You got a handwritten report that's
8 more complete than this one or not?
9 A. It's almost verbatim with what that
10 one was.
11 Q. Except you made some mistakes you
12 know.
13 A. On that one.
14 Q. On this one here?
15 A. Yes, sir.
16 Q. Yeah. Well, tell me what mistakes you
17 remember making.
18 A. On the date, which was June the 6th, I
19 left that date out.
20 Q. You couldn't remember the date?
21 A. It had been a long day, sir.
22 Q. All right.
23 A. And on the bottom one, where Officer
24 Mayne took the sock, I believe I put Officer
25 Beddingfield.
Sandra M. Halsey, CSR, Official Court Reporter
1307

1 Q. Okay. Was that in your notes?
2 A. No.
3 Q. Your scribble notes?
4 A. No, that came out of my head.
5 Q. Okay. That was from the halls of your
6 memory?
7 A. That's right.
8 Q. Okay. But, right then, within 12
9 hours, you couldn't remember -- you made a mistake about
10 who picked up the sock. Correct?
11 A. On the rough notes, yes.
12 Q. Right. You misdescribed the officer
13 who picked up the sock?
14 A. Misnamed him.
15 Q. Misnamed him?
16 A. Yes.
17 Q. Misdescribed him?
18 A. Misnamed him.
19 Q. Made an error?
20 A. Made an error.
21 Q. Were not accurate in your description?
22 A. In the name. Correct.
23 Q. So what you wrote down was not
24 accurate, was it?
25
Sandra M. Halsey, CSR, Official Court Reporter
1308

1 MR. GREG DAVIS: I'll object. It's
2 repetitious. I think that's about the fifth time on
3 that, your Honor
4 THE COURT: Sustained. I think he has
5 answered the question. Let's go on to the next one.
6
7 BY MR. RICHARD MOSTY:
8 Q. And then later on you thought a little
9 bit more about it and corrected it?
10 A. Well, the next time I read that, I
11 corrected it, yes.
12 Q. Okay. You didn't even -- until --
13 well, when did you read it?
14 A. The next day when I hand wrote it.
15 Q. Okay. You hand wrote the next day.
16 Even when you were typing it from your notes, you didn't
17 detect your error?
18 A. No.
19 Q. It wasn't until you read it again the
20 next day?
21 A. That's correct.
22 Q. And hand wrote it?
23 A. That's correct.
24 Q. Why did you hand write what had
25 already been typed up?
Sandra M. Halsey, CSR, Official Court Reporter
1309

1 A. Because it was a hard copy and it was
2 going on a form, and that form is not on our computer.
3 We have a supplement form, and I put it on the
4 supplement.
5 Q. And why do you do supplements? To add
6 things that you have forgotten to put in?
7 A. No, sir. You add information to the
8 offense reports or investigations.
9 Q. Okay. Sometimes to correct a
10 misstatement or something you neglected to put in an
11 earlier report?
12 A. It could be, yes, sir. That is one of
13 the many uses.
14 Q. Okay. When did you come to Kerrville?
15 A. Sunday.
16 Q. When you packed up to come, you didn't
17 think, "Let me get my file, I ought to bring my report.
18 I know I'm going to testify. I need to have my report."
19 A. Sir, what I brought with me is that
20 little note that you got right there in front of you.
21 That's all I brought.
22 Q. This one that got faxed in today at
23 9:44?
24 A. That's right.
25 Q. Well, you didn't bring that with you
Sandra M. Halsey, CSR, Official Court Reporter
1310

1 Monday, did you?
2 A. No, it was in my suitcase in my room.
3 I can tell you exactly where it's at.
4 Q. Oh, you left one out in your suitcase.
5 A. A copy of that, yes.
6 Q. And when you came down this morning,
7 you didn't have it?
8 A. That's correct.
9 Q. Is it your practice to take your
10 reports to court or not?
11 A. No, I don't take them.
12 Q. Not. Are you instructed not to?
13 A. No. I'm not instructed to do it
14 though.
15 Q. That's just your habit not to?
16 A. That's correct.
17 Q. Now you described in some detail how
18 meticulous you were in this search.
19 A. That's correct.
20 Q. And that's so that you can accurately
21 describe, accurately observe, and later accurately
22 describe what you saw?
23 A. That's correct.
24 Q. And that's why you are taking notes
25 too; isn't it?
Sandra M. Halsey, CSR, Official Court Reporter
1311

1 A. That's correct.
2 Q. So that you can accurately pull
3 that -- when the report writing time comes, that you can
4 pull that up and accurately describe it?
5 A. Yes, sir.
6 Q. And that's why one might bring a
7 report to court is so they could have that available so
8 that they could accurately describe what they saw?
9 A. That's correct.
10 Q. All right. Now, let's -- I'll try to
11 go a little bit in chronological order. If I skip around
12 the time frame, stop me and make sure that -- if I jump,
13 it's because I want to hit a few areas here with you.
14 You -- I take it you were in charge of
15 this alley search?
16 A. Yes, sir.
17 Q. That began at -- what time?
18 A. Somewhere around 4:20 or 4:25.
19 Q. Okay. That's just from your memory?
20 A. It's from when we found the sock.
21 Q. Well, what time did you find the sock?
22 A. Shortly after 4:30.
23 Q. Okay. But you didn't think that was
24 important enough to note in your report?
25 A. It's noted there.
Sandra M. Halsey, CSR, Official Court Reporter
1312

1 Q. That is noted?
2 A. Yes, sir.
3 Q. Okay. What time did you start?
4 A. About 10 or 15 minutes before I found
5 that sock.
6 Q. How long is this alley?
7 A. It's a block long.
8 Q. One block long. How many houses?
9 A. A guesstimate, it is probably 15,
10 maybe.
11 Q. How many boats did you look in?
12 A. I don't recall, sir, every one of
13 them.
14 Q. How many -- you don't remember how
15 many there were?
16 A. No.
17 Q. How many trash cans did you look in?
18 A. Every one of them.
19 Q. How many were there?
20 A. Every one of them. I didn't count
21 them. I looked in every one of them.
22 Q. And you were -- which side of the
23 alley, you said you and-- I'm sorry, Steve?
24 A. Steve Ferrie.
25 Q. Which side of the alley did you take?
Sandra M. Halsey, CSR, Official Court Reporter
1313

1 A. I took the west.
2 Q. You're going to have to help me here.
3 If I'm headed --
4 A. If you're --
5 Q. -- down Eagle.
6 A. If you walk out of the driveway at
7 5801 and you turn left, I had the right-hand side.
8 Q. Okay. The right-hand side is west and
9 the left-hand side is east?
10 A. That's correct.
11 Q. So y'all are going down the alley.
12 And opening trash cans?
13 A. Opening trash cans.
14 Q. Dumping them out?
15 A. Some of them, yes.
16 Q. Well some you didn't dump out?
17 A. Some didn't have much in them, and we
18 didn't have to dump them out.
19 Q. Did you dump them out on the ground?
20 A. Some I did. Mostly there was plastic
21 bags in them, and I'd take the plastic bag out, set it on
22 the ground, open up the bag, tried not to make a mess.
23 You know what I'm saying? And then put the stuff back in
24 there.
25 Dump them out and leave it out? No,
Sandra M. Halsey, CSR, Official Court Reporter
1314

1 we didn't do that. If they were laying on the ground, we
2 just took it out, opened the bags and that kind of stuff.
3 Q. Like when you've lost a Christmas
4 present, you look and you open the trash sack and you
5 sort of rifle through what's in there, just to look and
6 see if there's anything that you thought might be in
7 there?
8 A. More like you lost your paycheck and
9 you've got to find it.
10 Q. Okay. And so you're opening the trash
11 sacks and digging around to see if anything is of
12 interest to you?
13 A. That's right.
14 Q. And if you're even slightly in doubt
15 that something was of interest, you're going to pick it
16 up?
17 A. That's correct.
18 Q. All right. So, how long did it take
19 you -- you said, I think, did you tell me 45 to 55
20 minutes to do the whole alley?
21 A. That's correct.
22 Q. How long were you stopped at the sock?
23 A. Well, probably until almost 5:00
24 o'clock.
25 Q. Okay. And that was just long enough
Sandra M. Halsey, CSR, Official Court Reporter
1315

1 for Ferrie to go back and you stayed there?
2 A. Yes, sir.
3 Q. And he came back and then y'all went
4 on about your business?
5 A. No, we stayed there while Mayne
6 photographed the sock.
7 Q. Okay. You stayed there through the
8 photography?
9 A. Through about four or five shots of
10 it, yes.
11 Q. And then you went on about your
12 business?
13 A. Um-hum. (Witness nodding head
14 affirmatively).
15 Q. Now, you don't -- you say you didn't
16 see any blood except on the sock?
17 A. None at all.
18 Q. Well, you aren't expressing any
19 opinion about whether or not this assailant should have
20 been bleeding or should not have been bleeding?
21 A. No.
22 Q. You don't have any opinion one way or
23 another?
24 A. Well, at that time we -- what we knew
25 is that we had two dead, that it was a knife-type wound
Sandra M. Halsey, CSR, Official Court Reporter
1316

1 that caused the death, and that the house was bloody on
2 the inside.
3 Q. Okay. So you continued your search.
4 And was it after that you observed these knives?
5 A. Yes, sir.
6 Q. And after that -- how did you observe
7 these? It's dark, I guess, with a flashlight?
8 A. No. The reason -- we went back and
9 re-did the alley. We didn't do this alley once, we did
10 this alley twice. And normally, immediately after an
11 offense like this, you will do it with a flashlight. But
12 you can be scrupulous with a flashlight and miss
13 evidence.
14 Q. Well, that makes sense.
15 A. So we waited until daylight and we
16 re-did it.
17 Q. And y'all were -- the first time down
18 y'all were going methodically down this alley?
19 A. Yes.
20 Q. You weren't trying to be quiet?
21 A. No, sir.
22 Q. And after you saw the sock, then you
23 observed these knives with your flashlight?
24 A. No.
25 Q. Did not observe them?
Sandra M. Halsey, CSR, Official Court Reporter
1317

1 A. I saw them in daylight.
2 Q. Okay. Missed them first time through?
3 A. That's correct.
4 Q. Saw them the second time through?
5 A. That's correct.
6 Q. Again, is this you and Ferrie?
7 A. Second time it was with Jimmy
8 Patterson, J. R. Patterson, lead investigator.
9 Q. The investigator?
10 A. Yes, sir.
11 Q. And at this time you're on -- each of
12 you doing one side of the alley?
13 A. Well, when we found those knives we
14 were standing side by side.
15 Q. Okay. And you found the knives by
16 looking and seeing them?
17 A. Yes, sir.
18 Q. And how far from the fence were they?
19 A. Six feet.
20 Q. Six feet? Did you measure that?
21 A. No, that's a guess. Strictly a guess.
22 Q. And how did you observe them?
23 A. Pardon me? I don't understand.
24 Q. Well, from what vantage point did you
25 observe these knives?
Sandra M. Halsey, CSR, Official Court Reporter
1318

1 A. I was in the alley and they were in
2 the yard, it was six feet between us.
3 Q. You observed them from six feet?
4 A. Five or six feet, something like that,
5 yes.
6 Q. And Patterson observed them from five
7 to six feet?
8 A. That's correct.
9 Q. Nobody went over the fence?
10 A. No.
11 Q. To get these knives?
12 A. No.
13 Q. And you determined that from five or
14 six feet that there was no blood on these knives?
15 A. That's correct.
16 Q. And -- but you did observe that --
17 what did you observe on the knives?
18 A. Mud.
19 Q. Mud. Okay. How much mud?
20 A. There was a lot of mud.
21 Q. When did you next see what you thought
22 were these knives?
23 A. I guess when we got down here to
24 Kerrville. I don't remember seeing them before then.
25 Q. Okay. Do you know when they were
Sandra M. Halsey, CSR, Official Court Reporter
1319

1 collected?
2 A. No, sir.
3 Q. They are not in the condition that you
4 observed them, are they?
5 A. No.
6 Q. Did you take photographs of the
7 knives?
8 A. No.
9 Q. Nobody did?
10 A. I don't think there was photographs
11 taken.
12 Q. Okay. And the knives weren't even of
13 such interest to you that you noted them in your
14 handwritten notes or --
15 A. That's correct.
16 Q. Or your report or anything?
17 A. There was no question in my mind those
18 knives were not associated with this crime.
19 Q. Just a non-event?
20 A. A non-event.
21 Q. And you made that subjective
22 determination to exclude that piece of evidence?
23 A. I made that based on about 25 years of
24 law enforcement, sir.
25 Q. And, could you determine from the mud
Sandra M. Halsey, CSR, Official Court Reporter
1320

1 on the knives, how those knives had been gripped?
2 A. What do you mean, "How they had been
3 gripped?"
4 Q. How someone was holding them. Didn't
5 you tell me you saw fingerprints?
6 A. You could tell -- you could see where
7 the fingers had molded the mud. And where somebody had
8 got their hands muddy, or the knife muddy, and they
9 picked the knife up and they would work with it. Now,
10 can I tell if it was being held this way, or that way, or
11 any other way, no. I could tell that a hand molded that
12 much.
13 Q. Okay. So there was actually mud caked
14 on which knife?
15 A. The wooden handle knife especially,
16 yes.
17 Q. But on both of them?
18 A. Yes.
19 Q. And you could actually see
20 fingerprints on both of them?
21 A. You could see, not fingerprints, but
22 where the hand had molded to mud.
23 Q. Okay. Now, this is -- let me see, we
24 have these -- on Exhibit 8-A. Now let's just talk about
25 that for a minute. Were you in charge of this perimeter?
Sandra M. Halsey, CSR, Official Court Reporter
1321

1 Was that part of your duty is protecting that perimeter?
2 A. The outside perimeter.
3 Q. Okay.
4 A. The outside perimeter.
5 Q. Would you say in this part where it
6 started at the alley?
7 A. I was in charge of the outside
8 perimeter. We had officers stationed on the alley and on
9 the other end of the alley. And, you know, I'm not
10 really sure about what your question is, sir.
11 Q. Now, 20-B. How many houses are there
12 in between the Routier house --
13 A. And which house?
14 Q. And the house where you found the
15 sock?
16 A. About three, I think.
17 Q. About three. And how many between
18 where you found the sock and where you saw the knives?
19 A. About the same.
20 Q. That's about three more down.
21 A. No. It's just kind across the alley
22 from it.
23 Q. The knives are across the alley from
24 the sock?
25 A. Um-hum. (Witness nodding head
Sandra M. Halsey, CSR, Official Court Reporter
1322

1 affirmatively.)
2 Q. Okay. Now, are you able to describe
3 -- let's see, is this the alley here that we're talking
4 about?
5 A. Um-hum. (Witness nodding head
6 affirmatively).
7 Q. And can you describe maybe two of
8 these photographs -- it looks to me like there are two
9 houses in between on 20?
10 A. Which house are you trying to find,
11 sir?
12 Q. I'm trying to find the house in which
13 you found the sock.
14 A. Right there.
15 Q. And is the sock directly -- would the
16 house that had the knives in it be directly across from
17 the sock?
18 A. Well, it's --
19
20 THE COURT: You need to get it up a
21 little more, gentlemen, so the end jurors -- so they can
22 see.
23 THE WITNESS: The sock's here.
24
25 BY MR. RICHARD C. MOSTY:
Sandra M. Halsey, CSR, Official Court Reporter
1323

1 Q. Okay. The sock's in the circle;
2 right?
3
4 MR. DOUGLAS D. MULDER: Let me hold it
5 for you.
6
7 BY MR. RICHARD C. MOSTY:
8 Q. Okay. The socks (sic) were in the
9 circle. Right?
10 A. And the knives are right there.
11 Q. Okay. Now let's go to this picture,
12 because that will -- this picture here, which is 7, will
13 also tell us where the knives were, won't it?
14 A. Right in here.
15 Q. Okay. So the sock is behind --
16 including the Routier home?
17
18 THE COURT: You're going to have to
19 tilt it a little more, or slant it a little more,
20 gentlemen. Thank you.
21
22 BY MR. RICHARD C. MOSTY:
23 Q. If the Routier house is the first
24 house on the block?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1324

1 Q. Right there?
2 A. Yes, sir.
3 Q. Okay. The sock was behind the fourth
4 house?
5 A. It was right here.
6 Q. Okay. That's behind the fourth house,
7 isn't it?
8 A. Counting the Routier house, yes, sir.
9 Q. Counting the Routier house. And the
10 knives are directly across from the sock?
11 A. That's correct.
12 Q. Okay. And that's actually on the
13 fifth house?
14 A. Yes, sir.
15 Q. On Willowbrook?
16 A. Well, yes.
17 Q. Okay. Now, in the -- you can go ahead
18 and have a seat.
19 In the neighborhood canvas, what
20 street did you do?
21 A. I did parts of Eagle and Willowbrook.
22 Q. Okay. Did it occur to you to walk
23 into the house on Willowbrook where the knives were and
24 ask the people about the knives?
25 A. I talked to those people at about 5:45
Sandra M. Halsey, CSR, Official Court Reporter
1325

1 that morning.
2 Q. And asked them about the knives?
3 A. No, sir. When we went back to contact
4 them, there was nobody in the house.
5 Q. You forgot to ask them about the
6 knives when you contacted them?
7 A. Didn't know about it, sir.
8 Q. Oh, you had not seen them?
9 A. No, sir.
10 Q. And they weren't there? The people
11 were gone by the time you had seen the knives?
12 A. That's correct.
13 Q. Did you go back to the house?
14 A. I don't know, I didn't.
15 Q. You didn't?
16 A. No, sir.
17 Q. Okay. Now, can you tell me what time
18 you think you saw these knives?
19 A. Ballpark at 8:30, something like that.
20 Q. So y'all waited awhile before you went
21 back on this second?
22 A. Yes, sir.
23 Q. The second time?
24 A. Yes, sir.
25 Q. Okay. All right. Mr. Davis talked to
Sandra M. Halsey, CSR, Official Court Reporter
1326

1 you about the dress rehearsal that y'all did?
2 A. The what?
3 Q. The dress rehearsal you did.
4 A. What's a dress rehearsal?
5 Q. Did y'all go down to the courthouse in
6 Dallas County?
7 A. Yes, sir, we did.
8 Q. Who went down there?
9 A. I don't know. I couldn't tell you all
10 the officers. I know I was there.
11 Q. You do not recall who the other
12 officers --
13 A. No, not right off the top of my head.
14 Q. Okay. Now that was a pretty important
15 event wasn't it, in your mind?
16 A. In my mind it was a review of what we
17 had done.
18 Q. Okay. And there were a lot of
19 officers from Rowlett there?
20 A. Yes, sir.
21 Q. Were there other people there?
22 A. Members of the District Attorney's
23 staff, yes.
24 Q. Okay. Now, during this -- did you
25 call it a review?
Sandra M. Halsey, CSR, Official Court Reporter
1327

1 A. No, sir.
2 Q. Okay.
3 A. We were told we were going to go down
4 to discuss the case with the District Attorney.
5 Q. Didn't you just describe it as we went
6 down there and reviewed?
7 A. I said we went down there and
8 reviewed.
9 Q. And reviewed?
10 A. Yes, sir.
11 Q. And it's during this review -- where
12 was the review done?
13 A. Dallas County Courthouse.
14 Q. What part of the courthouse, in Mr.
15 Davis's office?
16 A. Pardon?
17 Q. In Mr. Davis's office?
18 A. No, there's too many of us. We went
19 to a courtroom.
20 Q. Okay. You went to the courtroom for
21 your review?
22 A. Yes, sir.
23 Q. Okay. Did you get in the witness
24 stand?
25 A. Yes, sir, I did.
Sandra M. Halsey, CSR, Official Court Reporter
1328

1 Q. During your review?
2 A. Yes, sir.
3 Q. And where were the other officers
4 during your review?
5 A. They were moving around, different
6 parts of --
7 Q. In the courtroom?
8 A. Some were in the courtroom, some were
9 in the jury box, wherever they got comfortable.
10 Q. Some sitting in the jury box?
11 A. Uh-huh (Witness nodding head
12 affirmatively.)
13 Q. Okay. Was there somebody sitting in
14 the Judge's chair?
15 A. Yes.
16 Q. Somebody from the District Attorney's
17 office asking you questions?
18 A. Yes.
19 Q. Somebody from the District Attorney's
20 office cross-examining you?
21 A. Yes.
22 Q. And the other officers are out there
23 in the courtroom while this is happening?
24 A. They were all in the room, yes.
25 Q. And they were listening?
Sandra M. Halsey, CSR, Official Court Reporter
1329

1 A. Yes, sir.
2 Q. And you're listening to other officers
3 testify?
4 A. Yes.
5 Q. And are people making objections?
6 A. There was, I think, one or two
7 objections.
8 Q. And did somebody rule on them?
9 A. I don't remember if there was a ruling
10 or not.
11 Q. Well, who was the judge?
12 A. Mrs. --
13 Q. Mrs. Wallace was the judge?
14 A. Her first name is Sherri, I'm not sure
15 of her last name.
16 Q. Sherri was the judge?
17 A. Yes.
18 Q. Did she have on a robe?
19 A. No.
20 Q. Okay.
21 A. I think she was dressed -- she didn't
22 have on a robe.
23 Q. Okay. I meant a judicial robe.
24 A. No, sir.
25 Q. I didn't mean a house robe.
Sandra M. Halsey, CSR, Official Court Reporter
1330

1 A. No, sir.
2 Q. How many officers were in on this what
3 you have called a review?
4 A. You want -- do you want me to guess at
5 it?
6 Q. Yes.
7 A. Ten, 12 maybe.
8 Q. That's the best you can do?
9 A. Yes.
10 Q. Okay. And did they tell you how you
11 did?
12 A. No.
13 Q. Nobody told you how you did?
14 A. No, sir.
15 Q. Did you tell any of the other officers
16 how they did?
17 A. No, not that I know of.
18 Q. And when did you do this review?
19 A. A month ago.
20 Q. Okay. And, at that time, I guess
21 y'all had been instructed that we're all going to go down
22 to the courthouse at a certain time?
23 A. Yes, sir, I got a note.
24 Q. And you knew the purpose of that
25 meeting?
Sandra M. Halsey, CSR, Official Court Reporter
1331

1 A. I did.
2 Q. Was to go down there?
3 A. Yes.
4 Q. So you could fully and completely
5 review what you knew about the case?
6 A. Well, I knew it was my responsibility
7 to know my portion of this investigation when I went down
8 there.
9 Q. And did you think it would be your
10 responsibility to read your report prior to going down
11 there?
12 A. No, sir, I've never read a report from
13 the stand.
14 Q. No, before you went down there.
15 A. Before I went down there?
16 Q. Yes.
17 A. I reviewed that piece of paper that
18 you have.
19 Q. The lost one or the found one?
20 A. The exact copy, the one that you have
21 in front of you is what I reviewed.
22 Q. How did you do that? Did you call it
23 up on the computer?
24 A. Yes, sir.
25 Q. Okay. But the one that was most
Sandra M. Halsey, CSR, Official Court Reporter
1332

1 complete was the handwritten one?
2 A. That's correct.
3 Q. Okay. But you didn't think to go, to
4 be complete, and to be fair and to be full while you're
5 having your dress rehearsal with the District Attorney,
6 it didn't occur to you to go back and review your most
7 complete report?
8 A. Everything that I felt, in my opinion,
9 that was vitally important to this case was on that piece
10 of paper.
11 Q. Okay.
12 A. That's what I reviewed.
13 Q. So, you didn't -- in other words, you
14 didn't think it was important enough to go pull out the
15 written one?
16 A. I didn't have it.
17 Q. You didn't know that?
18 A. I turned the original in, sir.
19 Q. You didn't --
20 A. The handwritten one. The handwritten
21 one had been turned in. I didn't have it.
22 Q. My question is simply this: You
23 didn't think it was important enough to go and read your
24 most complete report, prior to going down for your
25 review?
Sandra M. Halsey, CSR, Official Court Reporter
1333

1 A. I didn't have it. It wasn't available
2 to me.
3 Q. But you didn't know that at the time,
4 did you?
5 A. No, I didn't.
6 Q. So, had you sat at this review in
7 December and said, you know, I really -- I want to be
8 complete with the DA, and I want to -- maybe I ought to
9 go read my written report. There was nothing that would
10 prevent you from doing that, was there?
11 A. No, I didn't ask for it.
12 Q. And you didn't do it?
13 A. I didn't do it.
14 Q. Didn't even occur to you to do it?
15 A. No.
16 Q. Okay. What's the purpose of reports?
17 A. To chronicle events.
18 Q. Is that because people's memories are
19 faulty?
20 A. That's true, yes.
21 Q. And so, as a matter of fact, that was
22 why you did the handwritten report, really, because you
23 thought of some things, and the handwritten report made
24 it more complete, some things that you had even
25 forgotten.
Sandra M. Halsey, CSR, Official Court Reporter

1334

1 A. Other than those two mistakes, my
2 handwritten report is almost verbatim with that thing in
3 front of you.
4 Q. Your testimony today is that you know
5 that the missing handwritten report is just the same as
6 this typed one, except for your errors?
7 A. Except for those two that I pointed
8 out.
9 Q. And you recall two errors?
10 A. Yes.
11 Q. You don't recall any other errors?
12 A. No.
13 Q. Is it fair to say that during this
14 exhaustive search, both in the morning, in the daylight,
15 in the dark, and in the daylight, the only significant
16 thing you saw of any significance in your judgment was
17 this sock?
18 A. That's correct.
19 Q. And that's the only thing that you
20 identified as saying, "I think this is an important piece
21 of evidence"? Or a piece of evidence, take out the word
22 important?
23 A. That's correct.
24 Q. That possibly might relate to this
25 crime?
Sandra M. Halsey, CSR, Official Court Reporter
1335

1 A. That's correct.
2 Q. The only one?
3 A. That's the only one.
4 Q. And the only piece of evidence that
5 you identified you made an error about who picked it up?
6 A. I misnamed the officer that picked it
7 up, that's correct.
8 Q. One piece of evidence, one error?
9 A. Yes, sir.
10 Q. Okay. Now, at the review, you didn't
11 see these knives, did you?
12 A. No, I didn't.
13 Q. They did not, as part of your
14 testimony down there, in front of Judge Wallace, nobody
15 showed you these knives and said, "Are they important?"
16 Did they?
17 A. Nope.
18 Q. They didn't say, "Did you see mud on
19 them?" Did they?
20 A. I volunteered that information.
21 Q. Did you volunteer that information
22 about the knives that weren't there?
23 A. The knives question was asked to
24 another officer.
25 Q. These knives, you were -- were not
Sandra M. Halsey, CSR, Official Court Reporter
1336

1 present?
2 A. They were not present.
3 Q. And you did not see them at the dress
4 rehearsal?
5 A. That's correct.
6 Q. Well, did they have a Court Reporter
7 at this dress rehearsal?
8 A. Dress rehearsal? The review?
9 Q. The review, I'm sorry. The review.
10 A. No, they didn't, that I know of.
11 Q. Well, did they video tape that?
12 A. No.
13 Q. Tape record it?
14 A. No, not that I know of.
15 Q. Okay. But those knives weren't
16 important enough to talk about at the review, were they?
17 A. They came up, but not in my testimony.
18 Q. Well, it didn't come up enough to
19 bring them down there to talk to you, did they?
20 A. To physically bring them?
21 Q. Yes.
22 A. No.
23 Q. Because you had not seen them until
24 you got to Kerrville?
25 A. That's correct.
Sandra M. Halsey, CSR, Official Court Reporter
1337

1 Q. So, all of this detailed description
2 that you gave us about mud and flowers, and what do you
3 call that stuff that you put in the ground?
4 A. Edging.
5 Q. Edging, that it was cut. And all of
6 those details that you have described to us that you saw
7 from six foot, you didn't testify about any of that down
8 at the review?
9 A. No.
10 Q. Okay
11
12 MR. RICHARD C. MOSTY: Pass the
13 witness.
14
15
16 REDIRECT EXAMINATION
17
18 BY MR. GREG DAVIS:
19 Q. When you came to that courtroom that
20 day, you did tell me about those knives, didn't you?
21 A. Yes, sir. I volunteered that
22 information.
23 Q. And you did tell me that they had mud
24 on them --
25
Sandra M. Halsey, CSR, Official Court Reporter
1338

1 MR. DOUGLAS MULDER: Judge, we are
2 going to object to the leading.
3 MR. RICHARD C. MOSTY: We object --
4 THE COURT: Can only one attorney make
5 the objection? Mr. Mosty is doing the examination. If
6 he will make an objection.
7 MR. RICHARD C. MOSTY: Your Honor, I
8 would object to that last statement as leading.
9 THE COURT: Well, I will sustain the
10 objection, and I will ask that the question be rephrased.
11 MR. GREG DAVIS: Yes, sir.
12 THE COURT: Thank you.
13
14
15
16 BY MR. GREG DAVIS:
17 Q. Sergeant Ward, would you tell me
18 whether or not that day you told me that those knives had
19 mud on them?
20 A. Yes, sir, I did.
21 Q. And tell me whether or not you told me
22 at that time where they were in the yard?
23 A. At that time, sir, I described that
24 scene exactly as I have described it today.
25 Q. Okay.
Sandra M. Halsey, CSR, Official Court Reporter
1339

1
2 MR. GREG DAVIS: That's all the
3 questions I have, Judge.
4
5
6 RECROSS EXAMINATION
7
8 BY MR. RICHARD MOSTY:
9 Q. Did you think it was important enough
10 at that time that maybe you ought to write a little
11 report about the knives and the mud and your conversation
12 with Mr. Davis?
13 A. At that time, sir, and today I
14 maintain those knives right there have nothing to do with
15 this crime. And I did not ever write a report on it.
16 Q. I couldn't be clearer that that's what
17 you maintained.
18 A. And I didn't write a report.
19 Q. My question is: After you and Mr.
20 Davis talked about the mud on the knives at the review,
21 you didn't think that that conversation was important
22 enough to write down in a supplemental report?
23 A. No, sir, I did not.
24 Q. Thank you.
25
Sandra M. Halsey, CSR, Official Court Reporter
1340

1 MR. RICHARD C. MOSTY: Pass the
2 witness.
3 MR. GREG DAVIS: No further questions
4 THE COURT: All right. Ladies and
5 gentlemen, we'll break until 1:00 o'clock, please for
6 lunch. Thank you.
7
8 (Whereupon, a short
9 Recess was taken,
10 After which time,
11 The proceedings were
12 Resumed on the record,
13 In the presence and
14 Hearing of the defendant
15 but outside the presence
16 and outside the hearing of
17 the jury, as follows:)
18
19 THE COURT: All right. Let the record
20 reflect that these proceedings are being held outside the
21 presence of the jury and all parties in the trial are
22 present.
23 Mr. Hagler.
24 MR. JOHN HAGLER: Yes, your Honor. We
25 earlier raised the issue about the motion for a mistrial
Sandra M. Halsey, CSR, Official Court Reporter
1341

1 regarding the violation of the Rule. And of course the
2 Court has overruled that. In the alternative, your
3 Honor, we would ask that the jury be instructed to
4 disregard that testimony from the Baylor Hospital
5 employees regarding the age of the bruises on the
6 defendant's right arm.
7 THE COURT: Thank you. Motion denied.
8 Do you have another motion, I believe?
9 MR. JOHN HAGLER: Yes, your Honor.
10 Can we approach the bench, your Honor?
11 THE COURT: Oh, sure. Sure.
12 This is off the record.
13
14 (Whereupon, a short
15 Discussion was held off
16 The record, at the side
17 Of the bench, and
18 Outside the hearing of
19 The jury, after which
20 Time the proceedings
21 Were resumed on the
22 Record as follows:)
23
24
25 THE COURT: Okay. Back on the record.
Sandra M. Halsey, CSR, Official Court Reporter
1342

1 MR. RICHARD C. MOSTY: We would move
2 the Court to instruct all counsel that all of the
3 exhibits be placed either in the care of the Court
4 Reporter or out of sight, unless they're actually being
5 used during some part of the examination.
6 THE COURT: Motion denied.
7 All right. Next?
8 MR. RICHARD C. MOSTY: Your Honor, I
9 would like to point out to the Court that the State has
10 set -- each time there has been some examination, the
11 State has set out these pictures facing the jury in an
12 effort, obvious effort, to try to -- since they can't
13 impress the jury with facts, they want to impress the
14 jury with photographs and that's obviously improper.
15 THE COURT: Thank you.
16 MR. RICHARD C. MOSTY: Can we just put
17 whatever we want to out on this wall behind us?
18 THE COURT: Well, that will be fine,
19 if you can connect it there to something. That's fine
20 with the Court.
21 MR. GREG DAVIS: Just for the record
22 on this one point. These photographs have not been
23 displayed at the counsel table prior to today. So, just
24 so the record is clear on that. And if the record could
25 also reflect these two photographs that counsel is
Sandra M. Halsey, CSR, Official Court Reporter
1343

1 talking about have been admitted into evidence as State's
2 Exhibits 9-A and 9-B. So they are in evidence. Thank
3 you.
4 THE COURT: All right. Thank you.
5 Let's bring the jury in, please.
6 Is the jury here?
7 THE BAILIFF: Yes.
8 THE COURT: All right. Thank you.
9
10 (Whereupon, the jury
11 Was seated in the
12 Courtroom and the
13 Proceedings were resumed
14 On the record, in the
15 Presence and hearing of
16 The defendant, and the
17 Jury, as follows:)
18
19 THE COURT: Were you sworn the other
20 day, sir?
21 THE WITNESS: Yes, sir.
22 THE COURT: All right. I thought you
23 were. Have a seat right here.
24 Go ahead, please.
25
Sandra M. Halsey, CSR, Official Court Reporter
1344

1 Whereupon,
2
3 GUSTAVO GUZMAN, JR.
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 tell us your name, please.
15 A. Gustavo Guzman, Junior.
16 Q. Okay. You --
17
18 THE COURT: You're going to have to
19 speak slower and louder. The acoustics aren't the best.
20 Because that lady there on the end has to hear you, and
21 all these lawyers over here have to hear you. Okay. So
22 just lean up into that mike. You're going to hear your
23 voice echoing.
24 THE WITNESS: Gustavo --
25 THE COURT: State your name again and
Sandra M. Halsey, CSR, Official Court Reporter
1345

1 spell your last name.
2 THE WITNESS: Gustavo Guzman, Junior.
3 THE COURT: No, they still can't hear
4 you. You've got to get your voice way up there.
5 THE WITNESS: Gustavo is my first
6 name. Guzman, my last. Gustavo, G-U-S-T-A-V-O. Guzman,
7 G-U-Z-M-A-N.
8 THE COURT: All right. Go ahead.
9
10 BY MR. TOBY L. SHOOK:
11 Q. All right. You'll need to keep your
12 voice up loud and clear. Okay?
13 A. Okay.
14 Q. How old are you?
15 A. Eighteen.
16 Q. And, where do you live?
17 A. Rowlett.
18 Q. Okay. Well, where do you live in
19 Rowlett?
20 A. It's called a --
21 Q. Well, what's your street address?
22 A. Well, it's 5706 Willowbrook.
23 Q. Okay. And, is that a house or
24 apartment?
25 A. It's a house.
Sandra M. Halsey, CSR, Official Court Reporter
1346

1 Q. Who do you live there with?
2 A. My mother and my brother and sister.
3 Q. And how old are they?
4 A. They are -- I'm not sure. They're --
5 one is 5 and one is 10.
6 Q. Okay. So you're the oldest?
7 A. Yes.
8 Q. And do you go to school?
9 A. Yes, sir.
10 Q. Where do you go to school?
11 A. Lakeview Centennial.
12 Q. Okay. How long have you lived in your
13 house?
14 A. About 5 years.
15 Q. Okay. Let me show you what's been
16 marked as State's Exhibit 7. Do you recognize this as an
17 overview of your neighborhood?
18 A. Yes, sir.
19 Q. Okay. Look on there on your street,
20 Willowbrook Street where it's marked, and can you see
21 your house?
22 A. Um-hum. (Witness nodding head
23 affirmatively.)
24 Q. Okay. Could you point it out for us,
25 please.
Sandra M. Halsey, CSR, Official Court Reporter
1347

1 A. Right there.
2 Q. Okay. You're talking about this house
3 here?
4 A. Yes, sir.
5 Q. Is there a white gate around the
6 backyard?
7 A. Um-hum. (Witness nodding head
8 affirmatively).
9 Q. Okay.
10
11 THE JUROR: Is that the yard or the
12 house?
13 MR. TOBY SHOOK: I think that's the
14 house right there.
15 THE JUROR: Okay.
16
17 BY MR. TOBY L. SHOOK:
18 Q. You live on Willowbrook. Right?
19 A. Yes, sir.
20 Q. This street right here?
21 A. Yes.
22 Q. Okay. And behind you is the street
23 one over Eagle Drive?
24 A. Yes, sir.
25 Q. And 5801 Eagle Drive we can see here
Sandra M. Halsey, CSR, Official Court Reporter
1348

1 marked off on the corner; is that right?
2 A. Yes, sir.
3 Q. Okay. So you would be, I guess it
4 would be, if you're going down Willowbrook, 1, 2, 3, 4, 5
5 houses down on Willowbrook. Right?
6 A. Yes.
7 Q. Okay. Now, you were living there back
8 on June 6th, 1996; is that right?
9 A. Yes, sir.
10 Q. With your mother and little brother
11 and little sister?
12 A. Yes, sir.
13 Q. Let me turn your attention to that
14 date. Well, let me move you back to Wednesday, June 5th,
15 and ask if you were out that evening.
16 A. Yes, later that night a couple friends
17 from the neighborhood went to go play hockey.
18 Q. Okay. What type of hockey were you
19 playing?
20 A. Roller hockey.
21 Q. Okay. Is that something you do a lot?
22 A. Yeah.
23 Q. And where did you play?
24 A. At the high school, Lakeview.
25 Q. Okay. And do you remember what time
Sandra M. Halsey, CSR, Official Court Reporter
1349

1 of the day you were playing?
2 A. Not precisely. It was late about, 10
3 to 12.
4
5 THE COURT: Excuse me. The object of
6 this is to hear your testimony. Now every time you echo
7 in there, you get quieter. That's not the way to do it.
8 You want to get louder so they can hear you. Okay?
9 THE WITNESS: Okay.
10 THE COURT: So lean up into it, speak.
11 You're going to hear your voice resonate. Don't be
12 alarmed. It's quite normal. Everybody has to hear you.
13 Okay?
14 THE WITNESS: Yes, sir.
15 THE COURT: Let's try it again.
16
17 BY MR. TOBY L. SHOOK:
18 Q. Were you playing late that night?
19 A. Yes.
20 Q. Okay. That's good. How did you get
21 home?
22 A. A friend brought me home.
23 Q. Okay. And where does he live?
24 A. On Eagle Drive, just down a couple of
25 houses down.
Sandra M. Halsey, CSR, Official Court Reporter
1350

1 Q. Down from you?
2 A. Yes.
3 Q. Okay. And, well, let me get out the
4 exhibit again here. If we're looking at Eagle Drive here
5 using the Routier home at 5801 as a reference, which way
6 down Eagle does he live?
7 A. The other end.
8 Q. This end?
9 A. Yes, sir.
10 Q. About how far down? Just stop me when
11 I am there.
12 A. Right there.
13 Q. Right in this area here?
14 A. Um-hum. (Witness nodding head
15 affirmatively).
16 Q. Okay. And, was he driving that night?
17 A. Yes, sir.
18 Q. Okay. And did he drop you off at your
19 house?
20 A. No. We went to his house and I just
21 walked home.
22 Q. Okay. You drove the car back to his
23 house here on Eagle Drive?
24 A. Yes, sir.
25 Q. Which way did you walk home?
Sandra M. Halsey, CSR, Official Court Reporter
1351

1 A. Through that, through the yard.
2 Q. I'm sorry, I didn't hear you.
3 A. I cut through the yard and down the
4 alley and then went to my house.
5 Q. Okay. And then you just cut down the
6 alley to your house?
7 A. Yes.
8 Q. Okay. Now, do you remember what time
9 that was?
10 A. Between 11:00 and 12:00, Or 11:00 and
11 1:00. I don't know.
12 Q. Between 11:00 at night or 1:00 in
13 the morning?
14 A. Yeah. Yes.
15 Q. Were you keeping track of the time?
16 A. No.
17 Q. And what did you do once you got in
18 your house?
19 A. Watched TV in the kitchen.
20 Q. Okay. Do you remember what time you
21 went to bed that morning?
22 A. No, it was late.
23 Q. Was anyone else up in the house?
24 A. No, sir.
25 Q. Okay. When you took a walk down the
Sandra M. Halsey, CSR, Official Court Reporter
1352

1 alley did you see anything unusual?
2 A. Nothing.
3 Q. Hear anything unusual?
4 A. No.
5 Q. Okay. Was anything going down at the
6 end of the block where the Routier's lived?
7 A. No.
8 Q. You didn't see any police cars?
9 A. No.
10 Q. Okay. Later that morning, were you
11 awakened by some police officers?
12 A. Yes.
13 Q. Do you remember what time that was?
14 A. No.
15 Q. Okay. How were you awakened?
16 A. I wasn't awakened, I was still
17 watching TV.
18 Q. Still watching TV?
19 A. Um-hum. (Witness nodding head
20 affirmatively). In the kitchen. And I saw through the
21 window the police officers with their flashlights.
22 Q. Okay.
23 A. And then I just looked out the window
24 and let them do what they needed to do.
25 Q. You saw some police officers with
Sandra M. Halsey, CSR, Official Court Reporter
1353

1 flashlights?
2 A. Yes, sir.
3 Q. And where were they looking with their
4 flashlights?
5 A. On the grass and through the fence.
6 Q. Okay. Which window are you talking
7 about?
8 A. First I saw them through the kitchen,
9 window, and then through the back door.
10 Q. Okay. Were they behind your house
11 then?
12 A. Yes, sir.
13 Q. In the alley?
14 A. Yes, sir.
15 Q. Okay. Did you go out there at any
16 time at that point?
17 A. No.
18 Q. Okay. What did you do then?
19 A. I just ignored them. I just went back
20 to sleep. I mean, and then I went up and went to sleep.
21 Q. You went upstairs?
22 A. Um-hum. (Witness nodding head
23 affirmatively). Yes.
24 Q. And went to sleep?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1354

1 Q. After that, did someone awaken you?
2 A. Yes.
3 Q. About what time was that?
4 A. I don't remember.
5 Q. Was it light or dark out?
6 A. Dark.
7 Q. Okay. And how were you awakened then?
8 A. They knocked on the door and woke me
9 up.
10 Q. You got woken up by a knock on the
11 door?
12 A. Yes, sir.
13 Q. Who was at the door?
14 A. Police officer. I don't know who.
15 Q. Okay. A Rowlett Police Officer?
16 A. Yes.
17 Q. Did he ask you some questions?
18 A. Yes.
19 Q. And what did you tell him?
20 A. I didn't see nothing unusual.
21 Q. Okay. Same thing you told this Jury?
22 A. Yes.
23 Q. Okay. Let me ask you: In your
24 backyard, had you and your mother been doing anything out
25 there recently?
Sandra M. Halsey, CSR, Official Court Reporter
1355

1 A. We were doing gardening.
2 Q. Okay. When had you been doing
3 gardening?
4 A. Maybe a week before.
5 Q. Okay. And, what type of gardening
6 were y'all doing?
7 A. We were putting edges, edging around
8 some bushes.
9 Q. Okay. Where were these bushes
10 located?
11 A. Along the fence.
12 Q. Okay.
13 A. The back fence.
14 Q. The back fence? Is that the fence
15 that runs along the alley?
16 A. Yes.
17 Q. Okay. Could you describe your fence?
18 A. White, metal, has gates.
19 Q. Okay. Has gates?
20 A. Um-hum. (Witness nodding head
21 affirmatively).
22 Q. And it's metal?
23 A. Um-hum. (Witness nodding head
24 affirmatively).
25 Q. About how high is it?
Sandra M. Halsey, CSR, Official Court Reporter
1356

1 A. About 6 feet.
2 Q. Okay. And, are there gaps between the
3 bars?
4 A. Yes, sir.
5 Q. About how wide are those?
6 A. 5 to 6 inches.
7 Q. Okay. And, you were doing your
8 gardening along that back fence; is that right?
9 A. Yes, sir.
10 Q. What type of gardening were you
11 helping your mom with?
12 A. We were laying down edging, for some
13 bushes that were kind of messy. We were just making it
14 look nice.
15 Q. Okay. What do you mean by edging?
16 A. Plastic, we were separating the bushes
17 from the grass.
18 Q. Okay. And how were you doing that?
19 A. We would make a little hole -- we
20 would cut little holes in the ground and then lay the
21 edging down.
22 Q. Okay. Were you using any tools?
23 A. Yes, sir.
24 Q. What type of tools were you using?
25 A. Knives, spoon, and a shovel.
Sandra M. Halsey, CSR, Official Court Reporter
1357

1 Q. Okay. What type of knives?
2 A. Kitchen knives.
3 Q. Okay. Where did you get those from?
4 A. They were just laying around in my
5 house.
6 Q. Okay.
7 A. We got them from the kitchen.
8 Q. Okay. Were they old or new knives?
9 A. They were old.
10 Q. Okay. And, what did you do with the
11 knives?
12 A. We left them there afterwards.
13 Q. Okay. But how were you using them as
14 tools?
15 A. We would -- if the shovels didn't work
16 then we would use the knives.
17 Q. Okay. And, how would you use the
18 knives?
19 A. We would cut deeper into the ground.
20 Q. Okay.
21 A. And then the shovel couldn't go too
22 deep, so we used the knives.
23 Q. Were you digging in the ground with
24 the knives?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1358

1 Q. And were you digging in dirt?
2 A. Yes.
3 Q. Okay. Did you have any rope out
4 there?
5 A. Yes.
6 Q. And what were you doing with the rope?
7 A. We would tie one end of the rope to a
8 knife and another end of the rope to another knife, and
9 then extended the rope and the knives would make a
10 straight line.
11 Q. Okay. There in the dirt along that
12 plastic rail you were working with?
13 A. Yes.
14 Q. Okay. And you said you were doing
15 that work when?
16 A. About a week before this happened.
17 Q. Okay. Did you finish the work --
18 A. No.
19 Q. -- that you were doing?
20 A. No.
21 Q. Okay. What did you do with the knives
22 and the rope?
23 A. We just left it there until next week.
24 Q. Okay. They were still in your
25 backyard?
Sandra M. Halsey, CSR, Official Court Reporter
1359

1 A. Yes.
2 Q. And where were they located?
3 A. In the back -- in the backyard, along
4 the fence.
5 Q. Okay. Along that back rail?
6 A. Yes.
7 Q. Okay. Were they -- where were they?
8 Stuck in the ground, or laying out?
9 A. I don't remember. I mean, they could
10 have been in the ground. I'm not sure.
11 Q. Okay. But they were in that back
12 area?
13 A. Yes.
14 Q. Okay. Gustavo, let me show you what's
15 been entered into evidence as State's Exhibit 22 and 21.
16 Do you recognize those?
17 A. Yes, sir.
18 Q. Are these the knives that you and your
19 mother were working with?
20 A. Yes.
21 Q. The same ones that you had laying out
22 there by the back fence?
23 A. Yes.
24 Q. Okay. The ones that you were using
25 with the rope?
Sandra M. Halsey, CSR, Official Court Reporter
1360

1 A. Yes, sir.
2 Q. Okay. Were they as clean as this when
3 you left them out there?
4 A. No.
5 Q. Okay. What was on them?
6 A. I mean, they were clean when we
7 started off, but then after a while they got dirty.
8 Q. Got dirty with mud?
9 A. Yes.
10 Q. Okay. And, were they lying out there
11 that night when you went out to play street hockey?
12 A. Yes.
13 Q. Okay. Did you go out in your backyard
14 sometime after the police woke you up?
15 A. The next morning.
16 Q. Okay.
17 A. Or the next day.
18 Q. The next day?
19 A. Yes, the next day.
20 Q. Okay. And did you check on those
21 knives?
22 A. Yes.
23 Q. And why did you do that?
24 A. I thought maybe, you know, the
25 murderer might have used them.
Sandra M. Halsey, CSR, Official Court Reporter
1361

1 Q. Okay. Did you hear about what
2 happened down at the Routier home?
3 A. Yes.
4 Q. Okay. And did you think about those
5 knives that had been laying in your backyard?
6 A. Yeah.
7 Q. So you went to see if they were still
8 there?
9 A. Um-hum. (Witness nodding head
10 affirmatively.)
11 Q. Where were they located when you went
12 out there?
13 A. Same place.
14 Q. Same condition?
15 A. Yes.
16 Q. Did it look like they had been moved
17 at all?
18 A. No.
19 Q. The same place you had left them?
20 A. Yes.
21 Q. What did you do then?
22 A. I just got close to them and checked
23 them out to see if there was any blood or anything. I
24 looked and they weren't, so I just left them there.
25 Q. Didn't see any blood on them?
Sandra M. Halsey, CSR, Official Court Reporter

1362

1 A. No.
2 Q. Just left them where they were?
3 A. Yes.
4 Q. Did you ever finish the gardening?
5 A. No.
6 Q. Okay. Later on -- well, we met a
7 couple of times; is that right?
8 A. Yes.
9 Q. The first time when you were shooting
10 basketball behind your house?
11 A. Yes.
12 Q. And you have met Investigator Bosillo
13 too; is that right?
14 A. Yes, sir.
15 Q. Did sometime he come and get those
16 knives from you?
17 A. Yes. Him and some other officers.
18 Q. Okay. And do you recall when that
19 was?
20 A. I don't know what was the date. It
21 was during school.
22 Q. Okay. And did you turn those knives
23 that you just looked at over to them?
24 A. Yes.
25 Q. Okay. And then I talked to you a
Sandra M. Halsey, CSR, Official Court Reporter
1363

1 couple of times about what you -- the events you have
2 testified in front of the jury on; is that right?
3 A. Yes.
4 Q. Okay. What day did you get down here?
5 A. Monday of this week.
6 Q. Okay.
7 A. Monday or Sunday. I'm not sure.
8 Q. Sunday?
9 A. Yes.
10 Q. Okay. Did I talk to you then about
11 the knives?
12 A. Yes.
13 Q. And I talked to you one other time, I
14 think, about the knives; is that right?
15 A. Yes.
16 Q. Okay. Other than the knives in this
17 incident, you didn't see or hear anything else in the
18 neighborhood that evening?
19 A. No.
20 Q. Okay. And, do you have any idea what
21 time it was that you got in?
22 A. No. I can't be precise.
23 Q. You didn't see any police cars or
24 flashing lights, or anything like that, did you?
25 A. Only afterwards when I was going to
Sandra M. Halsey, CSR, Official Court Reporter
1364

1 bed.
2 Q. After you saw the officers with the
3 flashlights?
4 A. Yes.
5 Q. Okay.
6
7 MR. TOBY SHOOK: That's all we have,
8 Judge.
9
10
11 CROSS EXAMINATION
12
13 BY MR. RICHARD MOSTY:
14 Q. Mr. Guzman, I just have a couple of
15 things.
16 What grade are you in in school?
17 A. Senior, 12th grade.
18 Q. Have you missed a week of school?
19 A. Yes.
20 Q. You aren't on a block schedule, are
21 you?
22 A. Yes.
23 Q. You're going to have your work cut out
24 for you when you get back, aren't you?
25 A. Yeah, I know.
Sandra M. Halsey, CSR, Official Court Reporter
1365

1 Q. All right. Well, what -- I think I
2 missed the name of the friends that you went and played
3 hockey with. Who are those?
4 A. Cary Keith.
5 Q. Cary Keith?
6 A. Um-hum. (Witness nodding head
7 affirmatively).
8 Q. And who?
9 A. Cory Keith.
10 Q. Brothers, I guess?
11 A. Brothers.
12 Q. Anyone else?
13 A. I'm not sure of the rest. There's
14 always different people.
15 Q. Okay. Are those the ones that you
16 went and drove back with?
17 A. Yes.
18 Q. And, if I understood you right, you
19 left their house, I guess, out through the back way?
20 A. Yes.
21 Q. And you go down the alley?
22 A. Yes.
23 Q. And then do you go in your house
24 through the back way?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1366

1 Q. I guess there's a gate in the --
2 A. Yes. I mean, the -- my metal gate.
3 Q. Okay. Is that the metal gate that
4 faces the alley?
5 A. Yes.
6 Q. Was it locked, unlocked?
7 A. Unlocked.
8 Q. It's unlocked?
9 A. Yes.
10 Q. Did you lock it when you left?
11 A. No.
12 Q. So it was -- the time that you -- when
13 you saw the police officers out there with their
14 flashlights, that gate was unlocked?
15 A. Yes, it was open.
16 Q. It was open even?
17 A. Open.
18 Q. Oh, okay. You didn't even close the
19 gate that night?
20 A. No.
21 Q. Okay. Now, then you -- and I missed a
22 little bit. I know you said that there was a knife in
23 that backyard. What else? Two knives?
24 A. Yes, two knives and a spoon. And we
25 used a shovel, but we put that up in the little shed we
Sandra M. Halsey, CSR, Official Court Reporter
1367

1 had.
2 Q. Okay. Is that a big spoon?
3 A. Yeah, a big spoon.
4 Q. Okay. And were y'all using that to --
5 A. To scoop out the mud and dirt.
6 Q. Okay. And did I understand you that
7 you could dig into the dirt a little easier with a knife
8 than with a shovel?
9 A. Yes. We would use the shovel to make
10 a big cut and then the knife to dig out the little stuff.
11 Q. All right. And how big a shovel was
12 this?
13 A. Regular shovel.
14 Q. Okay.
15 A. It was the narrow type.
16 Q. The sharp shooter. Is that what those
17 are called?
18 A. Um-hum. (Witness nodding head
19 affirmatively).
20 Q. The sort of thin ones?
21 A. I guess, yes.
22 Q. That you can dig like one little plant
23 and it's longer than it is wide?
24 A. Yeah.
25 Q. And was that there right beside the
Sandra M. Halsey, CSR, Official Court Reporter
1368

1 knives?
2 A. No.
3 Q. Where was it?
4 A. In the shed -- it was our neighbor's.
5 So we gave it back to him.
6 Q. So it had gone back to the neighbors
7 by the time all this happened?
8 A. Yes.
9 Q. Was there a screwdriver out there too
10 or not?
11 A. Yes.
12 Q. There was?
13 A. Yes.
14 Q. And was it there with the knives?
15 A. No.
16 Q. Where was it?
17 A. We put it up.
18 Q. It had gone back to your tool shed?
19 A. Um-hum. (Witness nodding head
20 affirmatively.)
21 Q. Okay. And so, if I understand, and
22 you went back out the next morning to check it?
23 A. Yes.
24 Q. Because your curiosity had been raised
25 by that time, hadn't it?
Sandra M. Halsey, CSR, Official Court Reporter
1369

1 A. Yes.
2 Q. Okay. And, you're certain that that
3 screwdriver wasn't there?
4 A. No, I'm not certain about that.
5 Q. You're not certain about that?
6 A. No.
7 Q. But you are certain the knives were
8 there?
9 A. Yes.
10 Q. And are you certain that the shovel
11 was not there?
12 A. Yes.
13 Q. Now, at what point did somebody pick
14 up those knives?
15 A. I don't know, it was a while later.
16 Q. Did y'all pick up the edging that
17 y'all had and put it back in the garage?
18 A. Yeah, in the shed.
19 Q. In the shed?
20 A. Yes.
21 Q. Okay. And then did the knives go back
22 inside the house?
23 A. Yes.
24 Q. And somebody washed them up?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1370

1 Q. And they went back to a drawer, I
2 guess?
3 A. Um-hum. (Witness nodding head
4 affirmatively.) Yes.
5 Q. Did you actually hand them over to the
6 police?
7 A. Yes.
8 Q. Did you go to the kitchen drawer and
9 get them out?
10 A. Yes.
11 Q. And when was that?
12 A. I'm not sure of the date.
13 Q. Within the last month?
14 A. Yes.
15 Q. Okay. And that was Officer Bosillo?
16 A. Bosillo.
17 Q. And were you able to recall exactly
18 which knives you had out there?
19 A. Yes, the knives I remember exactly
20 which knives they were.
21 Q. So you went to the kitchen --
22 A. To the drawer.
23 Q. -- drawer and got those two knives?
24 A. Yes, sir.
25 Q. Okay. Did anybody make a note of that
Sandra M. Halsey, CSR, Official Court Reporter
1371

1 date? Did Bosillo do anything like write his initials on
2 those things so that we could tie down that date?
3 A. Oh, an officer made me sign some
4 papers and pointed out the dates.
5 Q. Was that a Rowlett Police Department
6 officer?
7 A. Yes, sir.
8 Q. He was in uniform or not?
9 A. No.
10 Q. He was in a suit?
11 A. No. He just came over. He was off
12 duty. I think they called him up just for this.
13 Q. And he came with Bosillo?
14 A. I'm not sure about that.
15 Q. Okay. So you think maybe you signed
16 something a different day than the day you handed over
17 the knives?
18 A. No, I signed it. It was the day they
19 picked it up.
20 Q. Same day?
21 A. Yes.
22 Q. And so whatever date you signed that,
23 that's how we could go back and figure out --
24 A. Yes, sir.
25 Q. When you handed over those knives?
Sandra M. Halsey, CSR, Official Court Reporter
1372

1 A. Yes.
2 Q. But you think that was in December
3 sometime?
4 A. Yes.
5 Q. Okay.
6
7 MR. RICHARD C. MOSTY: That's all I
8 have.
9 THE COURT: May this witness be
10 excused?
11 MR. GREG DAVIS: Yes, sir.
12 MR. RICHARD C. MOSTY: Yes, sir.
13 THE COURT: All right. Thank you very
14 much, sir.
15 MR. GREG DAVIS: The State will call
16 Officer Steve Wade.
17 THE COURT: Officer Wade.
18 All right. You were sworn in the
19 other day. Right?
20 THE WITNESS: Yes, your Honor.
21 THE COURT: All right. Proceed.
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1373

1 Whereupon,
2
3 OFFICER STEVE WADE,
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. GREG DAVIS:
14 Q. Please tell us your full name.
15 A. Stephen Robert Wade, W-A-D-E.
16 Q. Are you a Rowlett Police Officer?
17 A. Yes, sir, I am.
18 Q. How long have you been with the
19 Rowlett Police Department?
20 A. Approximately two years.
21 Q. Okay. And what's your position with
22 them?
23 A. I work in the patrol division.
24 Q. All right. Officer Wade, let me
25 direct your attention back to June 6th, 1996, were you on
Sandra M. Halsey, CSR, Official Court Reporter
1374

1 duty that day?
2 A. Yes, sir.
3 Q. Do you remember what your hours to
4 work were?
5 A. I was scheduled to work from 1:30 PM
6 to 10:00 PM.
7 Q. All right. Would that have been 1:30
8 PM to 10:00 PM on June the 5th or on the 6th?
9 A. June 5th.
10 Q. All right. I want to move ahead a
11 little bit here. This is going to be on June the 6th at
12 approximately 3:00 AM. And, let me ask you whether at
13 that time you were directed to go to 5801 Eagle Drive?
14 A. Yes, sir, I was.
15 Q. And, did you, in fact, go to the front
16 door of that residence?
17 A. Yes, sir, I did.
18 Q. And, when you did was there anyone at
19 the front door of 5801 Eagle Drive, sir?
20 A. Yes, there was.
21 Q. And who was on the door at that time?
22 A. It was Officer Waddell.
23 Q. Okay. David Waddell?
24 A. Yes, sir, that's correct.
25 Q. And, did you relieve him there at the
Sandra M. Halsey, CSR, Official Court Reporter
1375

1 front door?
2 A. Yes, sir.
3 Q. And, were you instructed to stay at
4 the front door?
5 A. Yes, sir, I was.
6 Q. Let me ask you: What were your
7 instructions regarding entry into that house? Once you
8 got posted on the front door?
9 A. I was instructed that no one was to
10 enter that house.
11 Q. Now, let me ask you: Do you know
12 about what time you actually got on the front door and
13 relieved Officer Waddell?
14 A. At approximately 3:15 AM on the 6th.
15 Q. And do you recall how long you were on
16 the door?
17 A. Until approximately 5:57 AM on the
18 6th.
19 Q. So you were on there for, what, about
20 two and a half hours, something like that?
21 A. Approximately, yes, sir.
22 Q. Officer Wade, during the times that
23 you were on that front door, did you let anybody inside
24 that house?
25 A. No, sir, I did not.
Sandra M. Halsey, CSR, Official Court Reporter
1376

1 Q. During the two and a half hours that
2 you were on the door, did anyone try to get into the
3 house?
4 A. Yes, sir, they did.
5 Q. All right. Would you tell the members
6 of the jury who tried to get into the house?
7 A. That was my chief of police. It was
8 Chief Posey.
9 Q. Okay. You actually told your Chief he
10 couldn't come in?
11 A. That is correct.
12 Q. Okay. And he didn't go in?
13 A. No, sir, he did not.
14 Q. Okay. Was that the only person that
15 tried to get in?
16 A. Yes, sir.
17 Q. And at 5:57, did someone else take
18 over the front door from you?
19 A. Yes, sir.
20 Q. And do you recall the name of the
21 officer that took over the front door from you?
22 A. Officer Steve Ferrie.
23 Q. He's also with the Rowlett Police
24 Department?
25 A. That's correct.
Sandra M. Halsey, CSR, Official Court Reporter
1377

1
2
3 (Whereupon, the following
4 mentioned item was
5 marked for
6 identification only
7 after which time the
8 proceedings were
9 resumed on the record
10 in open court, as
11 follows:)
12
13
14 BY MR. GREG DAVIS:
15 Q. Officer Wade, I want to show you
16 what's been marked as State's Exhibit 34. Do you
17 recognize this photo, sir?
18 A. Yes, sir, I do.
19 Q. Okay. Is an individual shown here at
20 the front door at 5801 Eagle Drive?
21 A. Yes, sir.
22 Q. Is that individual you?
23 A. Yes, sir, it is.
24 Q. Taken on June 6th, 1996?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1378

1
2 MR. GREG DAVIS: Your Honor, at this
3 time we'll offer State's Exhibit 34.
4 MR. RICHARD C. MOSTY: No objection.
5 THE COURT: State's Exhibit 34 is
6 admitted.
7
8 (Whereupon, the item
9 Heretofore mentioned
10 Was received in evidence
11 As State's Exhibit No. 34
12 For all purposes,
13 After which time, the
14 Proceedings were resumed
15 As follows:)
16
17 BY MR. GREG DAVIS:
18 Q. All right. Just briefly. We see you
19 standing here at the front door of the residence; is that
20 correct?
21 A. Yes, sir.
22 Q. And we see some -- what is this? Is
23 this yellow tape?
24 A. Yes, sir. That's crime scene tape.
25 Q. Okay. And that's tape that the police
Sandra M. Halsey, CSR, Official Court Reporter
1379

1 department put up around the residence; is that correct?
2 A. Yes, sir.
3
4
5 (Whereupon, the following
6 mentioned item was
7 marked for
8 identification only
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. Officer Wade, let me ask you, if you
18 would, to look at this piece of paper that I have had
19 marked for identification purposes as State's Exhibit
20 34-A. Do you recognize that, sir?
21 A. I sure do.
22 Q. Is that a note that you made of the
23 times that you spent on the door that day on June 6,
24 1996?
25 A. Yes, sir, it is.
Sandra M. Halsey, CSR, Official Court Reporter
1380

1 Q. Okay. Besides this one piece of
2 paper, sir, did you make any written reports concerning
3 your activities out there?
4 A. No, sir, I did not.
5 Q. Okay. I'm talking about either typed
6 or handwritten. Any other notes besides this one piece
7 of paper that has the times?
8 A. No, sir.
9 Q. And Officer Wade, let me just ask you
10 this: Prior to your testifying today, have I had a
11 chance to meet with you concerning your testimony?
12 A. We have talked, yes.
13 Q. All right. Did we have a chance to
14 talk while we were still in Dallas?
15 A. Yes, sir.
16 Q. Do you remember how many times I've
17 met with you to discuss your testimony about what you
18 did?
19 A. Prior to today?
20 Q. Yes, sir.
21 A. A couple of times.
22 Q. All right. Did you come to a
23 courtroom there in Dallas?
24 A. Yes, sir.
25 Q. And there were a lot of other Rowlett
Sandra M. Halsey, CSR, Official Court Reporter
1381

1 Police Department Officers there; is that right?
2 A. Yes, sir.
3 Q. And did I ask you at that time to tell
4 me about the times that you were on the door?
5 A. Yes, sir, you did.
6 Q. And did I meet with you any other
7 times while we were still in Dallas concerning the times
8 there?
9 A. No, sir.
10 Q. You came into Rowlett when?
11 A. I'm sorry?
12 Q. I'm sorry, it's been a long week. I'm
13 sorry. You came into Kerrville when?
14 A. Sunday.
15 Q. All right. And since you came into
16 Kerrville, how many times have we talked about the time
17 that you stood there at the door?
18 A. Just once.
19 Q. And when was that?
20 A. Today.
21 Q. Okay.
22
23 MR. GREG DAVIS: I'll pass the
24 witness.
25 THE COURT: Mr. Mosty.
Sandra M. Halsey, CSR, Official Court Reporter
1382

1
2
3 CROSS EXAMINATION
4
5 BY MR. RICHARD C. MOSTY:
6 Q. Officer Wade --
7
8 MR. RICHARD C. MOSTY: May I see --
9 MR. GREG DAVIS: Sure. Let me tender
10 34-A to Mr. Mosty at this time.
11 THE COURT: Okay.
12
13 BY MR. RICHARD C. MOSTY:
14 Q. What time did you actually arrive at
15 the scene?
16 A. Approximately 3:13, 3:14.
17 Q. Okay. So you immediately went to the
18 door?
19 A. Yes, sir.
20 Q. Who instructed you to go to the door?
21 A. My sergeant, Sergeant Walling.
22 Q. And after 5:57?
23 A. Yes, sir.
24 Q. You had no further involvement with
25 this case whatsoever?
Sandra M. Halsey, CSR, Official Court Reporter
1383

1 A. No, sir.
2 Q. Other than, of course, going down to
3 downtown Dallas?
4 A. That's correct, sir.
5 Q. When you went down there did you
6 actually go up and get sworn in?
7 A. No, sir.
8 Q. It was just talking?
9 A. Um-hum. (Witness nodding head
10 affirmatively).
11 Q. With the other officers present?
12 A. Yes, sir.
13
14 MR. RICHARD C. MOSTY: That's all.
15 MR. GREG DAVIS: No further questions.
16 THE COURT: Thank you very much for
17 coming, Officer.
18 All right. Your next witness.
19 MR. GREG DAVIS: Yes. The State will
20 call Officer Steve Ferrie.
21 THE COURT: Steve Ferrie.
22 You were sworn in earlier, were you
23 not?
24 THE WITNESS: Yes, sir.
25 THE COURT: Go ahead, please.
Sandra M. Halsey, CSR, Official Court Reporter
1384

1 Whereupon,
2
3 OFFICER STEVE FERRIE,
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. GREG DAVIS:
14 Q. Would you please tell us your full
15 name.
16 A. Stephen Joseph Ferrie, F-E-R-R-I-E.
17 Q. Mr. Ferrie, are you a Rowlett Police
18 Officer?
19 A. Yes, sir.
20 Q. How long have you been with the
21 Rowlett Police Department, sir?
22 A. For approximately eight years.
23 Q. All right. Are you a patrolman out
24 there?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1385

1 Q. Let me ask you: I want to direct your
2 attention to June the 6th of 1996, and I ask you whether
3 or not you were instructed to go to 5801 Eagle Drive?
4 A. Yes, sir, I was.
5 Q. Do you recall approximately what time
6 that morning that you got to Eagle Drive?
7 A. It was approximately 4:00 AM.
8 Q. All right. And when you got to the
9 residence, did you meet with any other officers out
10 there?
11 A. Yes, sir.
12 Q. And do you recall who you met with?
13 A. Yes, sir. I met with Sergeant Ward.
14 Q. Okay. He was a sergeant. Correct?
15 A. Yes, sir.
16 Q. Was he your supervisor?
17 A. Yes, sir.
18 Q. Did you have occasion after meeting
19 with Sergeant Ward to accompany him down the alley behind
20 Eagle Drive?
21 A. Yes, sir, I did.
22 Q. And, did you assist him in the search
23 of that alley for possible evidence?
24 A. Yes, sir, I did.
25 Q. Did you yourself retrieve any items?
Sandra M. Halsey, CSR, Official Court Reporter
1386

1 A. No, I did not.
2 Q. All right. Were you with Sergeant
3 Ward when you saw -- when a white sock was seen next to a
4 garbage container?
5 A. Yes, sir.
6 Q. Did you have an opportunity also to
7 see that sock?
8 A. Yes, sir.
9 Q. Was the sock retrieved by you or
10 Sergeant Ward?
11 A. Sergeant Ward located the sock first.
12 Q. All right. Did you then go over there
13 and look at it?
14 A. Yes, sir.
15 Q. Did another Rowlett officer then
16 retrieve the sock for evidence?
17 A. Yes, sir.
18 Q. Do you remember who that was?
19 A. Yes, sir.
20 Q. Who was that?
21 A. It was Officer Mayne.
22 Q. David Mayne?
23 A. Yes, sir.
24 Q. All right. Is he with the physical
25 evidence section out there?
Sandra M. Halsey, CSR, Official Court Reporter
1387

1 A. Yes, he is.
2 Q. Okay. And did you and Sergeant Ward
3 search the entire alley?
4 A. Yes, we did.
5 Q. Is that the only item that came to
6 your attention during the entire search?
7 A. Yes, sir.
8 Q. Now, do you know about how long it
9 took for you and Sergeant Ward to search the alley?
10 A. I would estimate approximately 45
11 minutes.
12 Q. All right. And after you finished the
13 search, did you leave the location or did you do
14 something else out there at that location?
15 A. After I assisted the search of the
16 alley, I was assigned to guard the crime scene at the
17 front door.
18 Q. When you got up to the front door,
19 Officer, was there another Rowlett officer already there?
20 A. Yes, sir, there was.
21 Q. Who was that?
22 A. Officer Steve Wade.
23 Q. All right. So was it your
24 responsibility then to take his place there at the front
25 door?
Sandra M. Halsey, CSR, Official Court Reporter
1388

1 A. Yes, sir.
2 Q. And did you do that?
3 A. Yes, I did.
4 Q. Okay. And what were your instructions
5 when you got to that front door? What were you suppose
6 to do?
7 A. To prevent anybody from coming inside
8 the residence.
9 Q. All right. And when you got there to
10 the front door, did you start any sort of a log or any
11 kind of written record regarding whoever might go in or
12 come out of that house?
13 A. Yes, sir, I did.
14 Q. Okay. And again, what's the purpose
15 of keeping a log such as that?
16 A. To keep track of the people who
17 entered the crime scene and when they leave.
18 Q. All right.
19
20
21
22 (Whereupon, the following
23 mentioned item was
24 marked for
25 identification only
Sandra M. Halsey, CSR, Official Court Reporter
1389

1 after which time the
2 proceedings were
3 resumed on the record
4 in open court, as
5 follows:)
6
7 MR. GREG DAVIS: May I approach, your
8 Honor?
9 THE COURT: You may.
10
11 BY MR. GREG DAVIS:
12 Q. Officer Ferrie, let me show you what's
13 been marked for identification purposes as State's
14 Exhibit 34-B. Do you recognize that document, sir?
15 A. Yes, I do.
16 Q. All right. Is this the crime log that
17 you began generating at 5:57 AM on June 6, 1996?
18 A. Yes, sir.
19 Q. And the first entries, would those be
20 your entries, sir?
21 A. Yes, sir.
22 Q. All right. Now, does this log
23 actually show what time that you took over the door from
24 Officer Wade?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1390

1 Q. And what time did you take it over?
2 A. 5:57 AM.
3 Q. Now, let's talk about the front of the
4 house. Was there an area of the front portion of the
5 house that had been taped off?
6 A. Yes.
7 Q. All right. And do you recall the
8 first time that anyone entered into the area in front of
9 the house that had been taped off?
10 A. Yes, sir.
11 Q. And would that be reflected on your
12 log here?
13 A. Yes, sir.
14 Q. And do you recall at this point what
15 time that was?
16 A. I believe it was 6:03 AM.
17 Q. And do you recall actually who came
18 inside that taped-off area?
19 A. I have to view the log.
20 Q. Okay.
21 A. At 6:03 AM, Sergeant Walling, Sergeant
22 Nabors and Officer Mayne and James Cron entered the taped
23 area.
24 Q. All right. So you had a -- so, as I
25 understand then, you had Sergeant Walling, you knew who
Sandra M. Halsey, CSR, Official Court Reporter
1391

1 he was. Correct?
2 A. Yes, sir.
3 Q. Matt Walling?
4 A. Yes, sir.
5 Q. David Mayne, you've already told us,
6 he was a member of the Physical Evidence Section; is that
7 correct?
8 A. That's correct.
9 Q. David Nabors. Who is David Nabors?
10 A. That's Sergeant David Nabors, he's
11 with the patrol division also, physical evidence.
12 Q. Is he also the supervisor over the
13 Physical Evidence Section?
14 A. Yes, sir.
15 Q. And you had also made a note that a
16 James Cron entered the taped area. Now, who is James
17 Cron?
18 A. He is a -- I'm not sure exactly what
19 his title is. I know he deals with crime scenes.
20 Q. Okay. He was somebody that you knew.
21 Correct?
22 A. Not personally. It's a name that I
23 had heard in the past.
24 Q. Okay. And he then accompanied
25 Walling, Nabors and Mayne, the four of them together then
Sandra M. Halsey, CSR, Official Court Reporter
1392

1 came in the taped off area. Right?
2 A. Yes, sir.
3 Q. Okay. And are they the first people
4 that actually came in the taped off area?
5 A. Yes, sir.
6 Q. Now, at that point, when these four
7 came in the taped off area, had anybody come inside the
8 house?
9 A. No, sir.
10 Q. When is the first time that anyone
11 entered 5801 Eagle Drive after you took over the front
12 door?
13 A. It was at 6:O9 AM.
14 Q. All right. And can you tell us the
15 names of the persons who actually went into the house?
16 A. Yes, sir. It was Karin Neal, David
17 Mayne and Sergeant Walling.
18 Q. Okay. So we have David Nabors -- I'm
19 sorry, David Mayne and Matt Walling. Correct? From
20 Rowlett PD?
21 A. Yes, sir.
22 Q. And Karen Neal, was she a member of
23 the police department or was she a civilian?
24 A. She was a civilian.
25 Q. Was it your understanding that she was
Sandra M. Halsey, CSR, Official Court Reporter
1393

1 a neighbor?
2 A. Yes, sir.
3 Q. So they entered the house at 6:09; is
4 that right?
5 A. That's correct.
6 Q. Can you tell us how long those three
7 individuals remained in the house?
8 A. Karen Neal remained in the house for
9 two minutes.
10 Q. Okay. Only two minutes?
11 A. Yes, sir.
12 Q. Okay. So, she went in at 6:09; is
13 that right?
14 A. That's correct.
15 Q. And she came out at 6:11; is that
16 right?
17 A. Yes, sir.
18 Q. Okay. How about David Mayne and Matt
19 Walling. Did they come out at 6:11? Or did they remain
20 in the house?
21 A. They remained in the house.
22 Q. Okay. When is the next time that
23 anyone else actually went in to 5801 Eagle Drive?
24 A. At 6:11 James Cron entered the house
25 and Sergeant Nabors entered the house.
Sandra M. Halsey, CSR, Official Court Reporter
1394

1 Q. Okay. So at 6:11 we have David Mayne.
2 Correct?
3 A. Yes, sir.
4 Q. We have Sergeant Matt Walling?
5 A. Yes, sir.
6 Q. We have Sergeant David Nabors; is that
7 right?
8 A. Yes, sir.
9 Q. And we have James Cron; is that right?
10 A. That's correct.
11 Q. Okay. Those four individuals are
12 inside the house at 6:11 AM on June 6th?
13 A. Yes, sir.
14 Q. What is the next entry as far as
15 someone going into the house or coming out of the house?
16 When did that next occur?
17 A. At 6:37 AM.
18 Q. Is that someone going into the house
19 or is that someone coming out of the house?
20 A. That's someone leaving the house.
21 Q. All right. And who left the house at
22 6:37?
23 A. Sergeant Nabors, Sergeant Walling and
24 James Cron.
25 Q. Okay. Was it your understanding that
Sandra M. Halsey, CSR, Official Court Reporter
1395

1 they had been doing a walk through of the house?
2 A. Yes, sir, of the crime scene.
3 Q. So, first person in, you got Walling,
4 Mayne, and Karen Neal at 6:O9. Right?
5 A. Yes, sir.
6 Q. Karen Neal was out at 6:11?
7 A. Yes, sir.
8 Q. And then you have three police
9 officers and James Cron in there from 6:11 until 6:37 AM;
10 is that right?
11 A. Yes, sir.
12 Q. Do you recall how long that you
13 remained on the door that morning, sir?
14 A. I was relieved of that duty at 7:15
15 AM.
16 Q. Okay. And during the time that you
17 were on that front door, did any other civilians enter
18 into that residence besides James Cron, who went in with
19 the Rowlett Police Department?
20 A. Yes, sir.
21 Q. Okay. Who else went in?
22 A. Robin Price from the ME's office --
23 oh, I'm sorry, she entered the taped area.
24 Q. Okay. So, she's not actually in the
25 house. Right?
Sandra M. Halsey, CSR, Official Court Reporter
1396

1 A. That's correct.
2 Q. And that's a field agent from the
3 Medical Examiner's Office; is that right?
4 A. Yes, sir.
5 Q. So, the only civilians then would have
6 been Karen Neal, for two minutes, and James Cron. Right?
7 A. At 6:59 Robin Price, Mr. Cron,
8 Sergeant Nabors and Sergeant Evans entered the house.
9 Q. Okay. So now you have police
10 officers, James Cron, the medical examiner's agent now.
11 Sergeant Evans, is that Sergeant Lamar Evans?
12 A. Yes, sir.
13 Q. Is he also a supervisor with the
14 Rowlett Police Department?
15 A. Yes, he is.
16 Q. All right. Now, again, how long did
17 you stay on the front door?
18 A. Until 7:15 AM.
19 Q. All right. Now, after 7:15 AM, did an
20 officer relieve you there at the front door?
21 A. Yes, sir.
22 Q. And who was that?
23 A. Officer Ray Clark.
24 Q. So, is he with the Rowlett Police
25 Department again?
Sandra M. Halsey, CSR, Official Court Reporter
1397

1 A. Yes, sir.
2 Q. Okay. So, whatever entries after that
3 time would have been made by Officer Clark. Right?
4 A. Yes, sir.
5 Q. And, was a running log made during the
6 entire time the Rowlett Police Department had possession
7 of this house?
8 A. Yes, sir.
9 Q. Okay. I want to take you back to
10 after 7:15 AM now. Did you leave 5801 Eagle or did you
11 stay there?
12 A. I stayed there.
13 Q. And just tell us what you started
14 doing after you left the front door then.
15 A. I was posted on the perimeter of the
16 residence, on the crime scene taped area.
17 Q. All right. Did you have occasion to
18 talk with certain neighbors out there?
19 A. Yes, I did.
20 Q. All right. Did you have occasion to
21 talk with an individual identified to you as Julie
22 Hightower?
23 A. Yes, sir.
24 Q. Is that a woman that lived on
25 Willowbrook?
Sandra M. Halsey, CSR, Official Court Reporter
1398

1 A. Yes, sir.
2 Q. What was the purpose of you talking to
3 Julie Hightower?
4 A. At that time I was posted at the alley
5 way behind 5801 Eagle, and I was instructed to stop any
6 vehicle that came out of the alley and make contact with
7 the resident, or whoever was in the vehicle.
8 Q. What was the purpose of talking with
9 them?
10 A. Just to ask them if they had heard or
11 seen anything in the area that night that appeared to be
12 suspicious or out of place.
13 Q. Okay. So you talked to Julie
14 Hightower. Was she able to give you any information?
15 A. No, she was not.
16 Q. Did you also talk to an individual by
17 the name of Eileen Schermer?
18 A. Yes, sir.
19 Q. Is she a neighbor also of the
20 Routiers, in that neighborhood?
21 A. Yes, sir.
22 Q. Okay. Was she able to give you any
23 information about what might have happened in there?
24 A. No, she was not.
25 Q. While you were talking with her, did
Sandra M. Halsey, CSR, Official Court Reporter
1399

1 you discuss the Routier's financial situation?
2 A. Yes, sir.
3 Q. Did she give you any information?
4 A. She brought the subject up.
5
6 MR. DOUGLAS MULDER: Judge, we are
7 going to object to anything that was said.
8 THE COURT: Sustained.
9
10 BY MR. GREG DAVIS:
11 Q. Do you recall about what time it was
12 that you talked to Eileen Schermer?
13 A. It was approximately 8:30 AM.
14 Q. Besides Julie Hightower and Eileen
15 Schermer, do you recall speaking with any other neighbors
16 out there that morning?
17 A. No, sir.
18 Q. Officer Ferrie, how long did you
19 remain out there at the location?
20 A. I left -- I'm not sure of the exact
21 time, but I left sometime in the early morning.
22 Q. Okay. We've indicated that you made a
23 portion, or you began the actual crime log -- or crime
24 scene log. Right?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1400

1 Q. And did you also prepare a handwritten
2 report of your activities out there that day?
3 A. Yes, sir, I did.
4
5
6
7 (Whereupon, the following
8 mentioned item was
9 marked for
10 identification only
11 after which time the
12 proceedings were
13 resumed on the record
14 in open court, as
15 follows:)
16
17 BY MR. GREG DAVIS:
18 Q. Let me just show you the two pages
19 here, that have been marked for identification purposes
20 as State's Exhibit 34-C.
21 Do you recognize those to be copies of
22 the report that you prepared concerning your activities
23 on June 6th, 1996?
24 A. Yes, sir.
25 Q. Is that the only report that you
Sandra M. Halsey, CSR, Official Court Reporter
1401

1 prepared in this case?
2 A. Yes, sir.
3 Q. Typed or handwritten?
4 A. That's correct.
5
6 THE COURT: What was that number?
7 MR. GREG DAVIS: That was 34-C, your
8 Honor.
9 THE COURT: All right.
10
11 BY MR. GREG DAVIS:
12 Q. Officer Ferrie, prior to coming here
13 to Kerrville, have you and I had a chance to talk about
14 your involvement in this case?
15 A. Yes.
16 Q. Do you recall how many times that you
17 spoke with me about your activities out there that day?
18 A. Two times.
19 Q. Okay. Do you recall where the first
20 meeting took place?
21 A. It was in the Dallas County District
22 Attorney's office.
23 Q. All right. Upstairs in the
24 Courthouse?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1402

1 Q. Okay. Did you come to my office?
2 A. Yes, I did.
3 Q. All right. And, did you and I discuss
4 your report and what you had done?
5 A. Yes, sir.
6 Q. Where did the second meeting take
7 place?
8 A. Here in this courtroom or in this
9 building.
10 Q. Okay. And you got into town, what,
11 Sunday night?
12 A. Yes, sir.
13 Q. Been here all week?
14 A. Yes.
15 Q. How many times during the week have
16 you and I spoken about your testimony, your reports or
17 anything else concerning this case?
18 A. Once.
19 Q. When did that take place?
20 A. Today.
21 Q. Let me just ask you: Have you ever
22 had occasion to come to the courthouse where I asked you
23 and several other officers to come to a courtroom?
24 A. Yes, sir.
25 Q. And did you, in fact, do that for me?
Sandra M. Halsey, CSR, Official Court Reporter
1403

1 A. Yes, sir.
2 Q. Okay. And during that time did you --
3 did I ask you to get on the witness stand and tell me
4 what you knew about the case?
5 A. Yes, sir.
6 Q. And did you do that?
7 A. Yes, I did.
8 Q. Okay. So you met with me in Dallas,
9 you told me, and you met with me once in Kerrville; is
10 that right?
11 A. Yes, sir.
12 Q. And State's Exhibit 34-B, the log, and
13 State's Exhibit 34-C, the investigative supplement
14 report, those are the only handwritten reports or typed
15 reports or otherwise that you prepared in this case; is
16 that right?
17 A. Yes, sir.
18
19 MR. GREG DAVIS: Your Honor, I'll
20 tender State's Exhibits 34-B and 34-C to counsel, and
21 I'll pass the witness for cross-examination.
22 THE COURT: Yes, sir.
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1404

1 CROSS EXAMINATION
2
3
4 BY MR. DOUGLAS MULDER:
5 Q. Officer Ferrie, I guess for a veteran
6 police officer like you, nothing unusual about meeting
7 with the District Attorney, is there?
8 A. No.
9 Q. Okay. I mean, that would be standard
10 procedure, I imagine, before you testify. Right?
11 A. Yes, sir.
12 Q. Do you recall when Mr. Davis asked you
13 how many times you had met with him?
14 A. Yes, sir.
15 Q. And you told the jury here just
16 moments ago you had met with him twice, didn't you?
17 A. Yes, sir.
18 Q. You said, "Once in his office;" is
19 that right?
20 A. Yes, sir.
21 Q. And once down here in Kerrville?
22 A. Yes, sir.
23 Q. Okay. You didn't tell him about the
24 meeting in the courtroom there in the Dallas County
25 Courthouse, did you?
Sandra M. Halsey, CSR, Official Court Reporter
1405

1 A. That was the meeting in Dallas that I
2 was referring to.
3 Q. In the District Attorney's office?
4 A. Yes, sir.
5 Q. Well, the District Attorney's office
6 doesn't have a courtroom in it, does it?
7 A. Well, I consider that whole building
8 that has a courtroom and an office in it.
9 Q. Well, you consider that whole building
10 the District Attorney's Office?
11 A. Yes, sir.
12 Q. Okay. Even though it occupies but a
13 small portion of the courthouse?
14 A. Yes, sir.
15 Q. Most everybody else calls it the
16 courthouse, don't they?
17 A. I don't know what everybody else calls
18 it.
19 Q. But you didn't mean to overlook the
20 little dress rehearsal that you all had in Dallas, did
21 you?
22 A. That's what I was referring to when I
23 met in Dallas.
24 Q. When you told the jury that you met in
25 the District Attorney's office, you were referring to the
Sandra M. Halsey, CSR, Official Court Reporter
1406

1 deal where y'all went down and got on the witness stand
2 in the courtroom?
3 A. Yes, sir.
4 Q. Okay. And I guess they should have
5 been able to figure that out, shouldn't they?
6
7 MR. GREG DAVIS: I'll object to
8 sidebar there.
9 THE COURT: Sustained.
10 MR. DOUGLAS MULDER: Well, that was a
11 question directed at --
12 MR. GREG DAVIS: I'll object, again,
13 to sidebar.
14 THE COURT: Thank you. Sustained.
15
16 BY MR. DOUGLAS D. MULDER:
17 Q. You had a judge down there for that,
18 didn't you?
19 A. No, sir.
20 Q. No one played the part of a judge?
21 A. Somebody played the part of a judge.
22 There was not a judge there.
23 Q. Okay. Somebody played the part of a
24 defense lawyer?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1407

1 Q. Okay. And y'all basically sat there
2 in the courtroom and listened to what everybody else
3 testified to, didn't you?
4 A. Yes, sir.
5 Q. Okay. Now, I guess it helps you be
6 consistent with one another, does it not?
7 A. Sure, yes, sir.
8 Q. Okay. Now, your story today is that
9 you went down the alley there behind the Routier house
10 there in Rowlett?
11 A. Yes, sir.
12 Q. And about how long did you and
13 Sergeant Ward search that alley?
14 A. Approximately 45 minutes.
15 Q. Okay. And he had the side the sock
16 was on, I take it?
17 A. No, sir.
18 Q. You had the side the sock was on?
19 A. Yes, sir.
20 Q. Okay. So you were the one who
21 actually found the sock?
22 A. No, sir.
23 Q. Okay. Is there any reason for him to
24 be poaching on your area?
25 A. Yes, sir. He was on the west side of
Sandra M. Halsey, CSR, Official Court Reporter
1408

1 alleyway and I was on the east side. He was
2 approximately one house in front of me, when he was
3 coming out of the driveway of one of the houses he had
4 searched, he came across and noticed the sock before I
5 arrived at it.
6 Q. Okay. So he was actually searching
7 both sides of the alleyway?
8 A. No, sir.
9 Q. Okay. Just in that one occasion he
10 searched that side?
11 A. He located the sock first, and once he
12 located it, he went over there to inspect it.
13 Q. Okay. Now, have you reviewed his
14 report?
15 A. No, sir.
16 Q. Do you have any idea why he would put
17 in his report --
18
19 MR. GREG DAVIS: I'll object to this
20 as being hearsay at this point.
21 THE COURT: Sustained.
22
23 BY MR. DOUGLAS MULDER:
24 Q. You're telling us that Officer Moyne
25 (sic) is the one who actually retrieved the sock?
Sandra M. Halsey, CSR, Official Court Reporter
1409

1 A. Officer Mayne?
2 Q. Mayne.
3 A. Yes. He was called over there for a
4 crime scene of the sock.
5 Q. It wasn't Beddingfield, was it?
6 A. Well, Officer Mayne and Beddingfield
7 both arrived, and Officer Mayne was the one who took
8 custody of it.
9 Q. Okay. So Beddingfield and Mayne were
10 both there now; is that right?
11 A. Yes, sir, they were later called.
12 Q. Okay. So the sock was actually
13 released to the custody of both Mayne and Beddingfield?
14 A. Well, I know that the sock was
15 released to Officer Mayne.
16 Q. But Beddingfield was there as well?
17 A. Yes, sir.
18 Q. Okay. Now, when you went down the
19 alley did you look in the trash containers?
20 A. Yes, sir.
21 Q. Did you dump them out?
22 A. No, sir.
23 Q. Well, you just took the top off and
24 shined a flashlight down in there?
25 A. Well, I recall looking into one trash
Sandra M. Halsey, CSR, Official Court Reporter
1410

1 can that was on the side of a house.
2 Q. Okay. There are trash cans up and
3 down that alley on both sides, aren't there?
4 A. I only remember two being out at the
5 time.
6 Q. You only saw two out?
7 A. That's what I remember, only two out.
8 Q. Okay. And one apparently was there by
9 the sock?
10 A. Yes, sir.
11 Q. Okay. Did you see any knives?
12 A. No, sir, I did not.
13 Q. Did you ever see Sergeant Ward search
14 any of the trash cans?
15 A. I saw Sergeant Ward open the trash can
16 by the sock, and I saw him rip open a bag that was
17 further down the alley.
18 Q. Okay. Did he ever dump any of the
19 contents out of the trash containers?
20 A. Out of the one next to the sock?
21 Q. Yes.
22 A. Not that I recall.
23 Q. Okay. And did he, on down the alley,
24 did he dump out the trash containers?
25 A. I didn't ever see him actually look
Sandra M. Halsey, CSR, Official Court Reporter
1411

1 inside any trash containers.
2 Q. Okay. Except the one by the sock?
3 A. Well, I can't say that he did, and I
4 can't say that he didn't. I specifically saw him rip
5 open a bag as I was passing him down the alleyway.
6 Q. Okay.
7 A. And the one next to the sock, he
8 opened up the top of it.
9 Q. Did you look into the backyards?
10 A. Yes, sir.
11 Q. Okay. And were the gates -- did you
12 actually walk into the backyards?
13 A. No, sir, I didn't.
14 Q. All right. They're six-foot fence, I
15 suspect?
16 A. Yes, sir.
17 Q. Okay. So, about how tall are you?
18 A. Approximately 5'10, 5'11.
19 Q. Okay. So they would be over your head
20 then, wouldn't they?
21 A. Yes, sir.
22 Q. The only way, I guess, you're going to
23 be able to look into the backyard, you're going to have
24 to stand on one of the cross members of the fence and
25 stand on that and shine the flashlight over like that; is
Sandra M. Halsey, CSR, Official Court Reporter
1412

1 that right?
2 A. Well, that's correct. There's also
3 gas mains and utility boxes that I was using to peek over
4 fences.
5 Q. Would you stand on them?
6 A. Yes, sir.
7 Q. All right. And that's the way you
8 searched the backyards?
9 A. Yes, sir.
10 Q. Okay. Sort of peeked over the fence
11 and eyeballed it with a flashlight?
12 A. Yes, sir.
13 Q. Okay. And about how many of those did
14 you do, Officer Ferrie?
15 A. I did all of the houses on the east
16 side of Eagle Drive. I'm not sure exactly how many
17 houses are over there.
18 Q. Okay. What were you looking for?
19 A. Evidence.
20 Q. I mean, what was your idea of evidence
21 at that time?
22 A. Anything that appeared to be out of
23 place.
24 Q. Okay. And you're telling us that in
25 all of the backyards that you looked in, you didn't look
Sandra M. Halsey, CSR, Official Court Reporter
1413

1 in any of the trash cans, or you looked in one?
2 A. There's one there that I recall
3 looking inside of next to a house.
4 Q. But you're saying that all of the
5 backyards you looked into, and all of the trash cans, or
6 the one trash can you looked in, you didn't see anything
7 unusual?
8 A. That's correct.
9 Q. Okay. And I guess the only thing
10 Sergeant Ward saw was the sock; is that right?
11 A. Well --
12 Q. That you know of?
13 A. I couldn't tell you that. I don't
14 know exactly what he saw on his side of the street.
15 Q. Okay. Now, where that sock was found,
16 right across the alley from that, is a white metal fence;
17 is it not?
18 A. Yes, sir.
19 Q. Okay. And one that you can see
20 through the bars that are some 5, 6, 8 inches apart, are
21 they not?
22 A. Yes, sir.
23 Q. Did Sergeant Ward indicate to you that
24 he saw some knives back there?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1414

1 Q. He didn't?
2 A. No, sir. Not at the time in the
3 alley.
4 Q. When you looked at that particular
5 fence, that's unusual because that was the only one like
6 that up and down the alley, wasn't it?
7 A. Well, I didn't think it was unusual.
8 That was the only wrought iron fence that I believe was
9 over there though.
10 Q. Yeah. The only wrought iron fence up
11 and down the alley though; isn't that correct?
12 A. Yes, sir.
13 Q. Everything else is wood?
14 A. I believe so.
15 Q. So it was unusual to that respect, I
16 guess?
17 A. Yes.
18 Q. Okay. But Sergeant Ward didn't say
19 anything about seeing some knives there or anything of
20 that nature?
21 A. Not at the time when I was in the
22 alleyway with him, no.
23 Q. Okay. I guess this is sort of a
24 subjective test that y'all -- I mean, what may look
25 unusual to you may not look unusual to Sergeant Ward. Is
Sandra M. Halsey, CSR, Official Court Reporter
1415

1 that fair to say?
2 A. No, I wouldn't say that.
3 Q. Oh, you wouldn't say that. Okay.
4 Now, why is it that you post guards on
5 a crime scene?
6 A. To protect the crime scene from any
7 type of contamination from anybody walking inside, and --
8 Q. You mean police officers when they --
9 even trained police officers will contaminate a crime
10 scene?
11 A. I don't know about that.
12 Q. Well, I mean, why didn't you just keep
13 the civilians out and let the police officers go in?
14 A. Well --
15 Q. You know full well that the reason
16 that's done is because police officers contaminate crime
17 scenes, don't they?
18 A. I guess that's possible, they could.
19 Q. Well, sure it is. Have you been to --
20 you've been to murder scenes before, haven't you?
21 A. No, sir.
22 Q. You've never been to a murder scene
23 before?
24 A. No, sir.
25 Q. How long have you been on the police
Sandra M. Halsey, CSR, Official Court Reporter
1416

1 force?
2 A. Eight years. I've been a police
3 officer for about five years, and worked in dispatch for
4 approximately three.
5 Q. Well, you know when they get to a
6 crime scene frequently officers will want to get a drink
7 of water, and use the bathroom or something like, that's
8 not unusual, is it?
9 A. In the house?
10 Q. Yes, sir.
11 A. I would think that would be.
12 Q. Well, that's why you post a guard
13 there so that doesn't happen; isn't that right?
14 A. Well, you don't want everybody walking
15 in into that scene that doesn't have any business being
16 in that scene.
17 Q. That's right. Because it's not
18 unusual to handle evidence, is it, for anyone? I mean,
19 it's a common, it's just a common curiosity that people
20 have. And that's what you are there to prevent, isn't
21 it?
22 A. I would say it would be unusual for
23 people to just pick up evidence.
24 Q. Okay. All right. So it's just good
25 precaution but probably not necessary as long as police
Sandra M. Halsey, CSR, Official Court Reporter
1417

1 officers are there; is that right? As long as the police
2 officers are the ones going in?
3 A. Well, you don't want every police
4 officer that doesn't have any business being in that
5 house to go in there either.
6 Q. That's because they'll contaminate the
7 scene, isn't it? Track around, kick evidence around?
8 A. Not necessarily. But it's just to
9 keep everybody out.
10 Q. Handle things?
11 A. That's possible that they could handle
12 things.
13 Q. I may have misinterpreted what you
14 said when I wrote this down, but I thought you said that
15 civilian Cron, Officers Mayne, Nabors and Walling entered
16 the -- did they just enter the taped area at 6:03?
17 A. Yes, sir.
18 Q. And then they went on into the house
19 at 6:11.
20 A. Yes, sir.
21 Q. Is that correct?
22 A. Yes, sir.
23 Q. Okay. So what did they do? Just kind
24 of walk around the front yard?
25 A. They remained in the front yard. I
Sandra M. Halsey, CSR, Official Court Reporter
1418

1 believe they were discussing what they were going to do
2 inside the residence. I don't know.
3 Q. Okay. And then the same thing with
4 Ms. Price from the Medical Examiner's Office. She
5 entered inside the perimeter and then went into the house
6 a short time later?
7 A. Yes, sir.
8 Q. You had nothing further to do with
9 this case after 7:15 on the 6th of June?
10 A. Occasionally I was posted on the crime
11 scene guard again days later.
12 Q. But you collected no evidence though?
13 A. No, sir.
14 Q. Is that fair to say?
15 A. That's correct.
16 Q. Okay. State's Exhibit No. 34. These
17 are all of your notes?
18 A. Yes, sir. That's going to be my
19 entries and Officer Ray Clark's entries.
20 Q. All right. So after 7:15, I take it,
21 it's going to be Clark?
22 A. Yes, sir.
23 Q. Okay.
24
25 MR. DOUGLAS MULDER: I believe that's
Sandra M. Halsey, CSR, Official Court Reporter
1419

1 all. Thank you, Officer Ferrie.
2 MR. GREG DAVIS: No further questions,
3 your Honor.
4 THE COURT: All right. You may step
5 down, Officer. Thank you.
6 Your next witness.
7 MR. GREG DAVIS: We'll call Officer
8 Jack Kolbye.
9 THE COURT: Jack Kolbye.
10 THE COURT: Officer, were you sworn in
11 the other day?
12 THE WITNESS: No, sir, I was not.
13 THE COURT: Okay. If you'll raise
14 your right hand, please.
15
16
17 (Whereupon, the witness
18 Was duly sworn by the
19 Court to speak the
20 Truth, the whole truth
21 And nothing but the
22 Truth, after which,
23 The proceedings were
24 Resumed as follows:)
25
Sandra M. Halsey, CSR, Official Court Reporter
1420

1 THE COURT: Do you solemnly swear or
2 affirm that the testimony you are about to give will be
3 the truth, the whole truth, and nothing but the truth, so
4 help you God?
5 THE WITNESS: Yes, sir.
6 THE COURT: All right. Have a seat
7 right here, please.
8 You're now under the Rule of Evidence.
9 That simply means when you're not testifying you'll
10 remain outside the courtroom.
11 Don't talk about your testimony with
12 anybody who has testified. You may talk to the attorneys
13 for either side. If someone tries to talk to you about
14 your testimony, please tell the attorney for the side who
15 calls you. Okay?
16 THE WITNESS: Yes, sir.
17 THE COURT: All right. Thank you. Go
18 ahead, please.
19 MR. GREG DAVIS: Would you pull that
20 microphone up there.
21 THE WITNESS: Yes, sir.
22 THE COURT: Just speak right into it
23 there.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1421

1 Whereupon,
2
3 JACK KOLBYE,
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. GREG DAVIS:
14 Q. All right. Please tell us your full
15 name.
16 A. Jack Kolbye, K-O-L-B-Y-E.
17 Q. All right. Mr. Kolbye, how are you
18 employed?
19 A. By the Rowlett Fire Department.
20 Q. All right. And, how long have you
21 been with the Rowlett Fire Department?
22 A. Seven and a half years.
23 Q. Okay. So you're a firefighter;
24 correct?
25 A. I'm a firefighter/paramedic.
Sandra M. Halsey, CSR, Official Court Reporter
1422

1 Q. All right. A paramedic also?
2 A. Yes, sir.
3 Q. How long have you been a paramedic?
4 A. Since 1983.
5 Q. So that's 13 years as a paramedic; is
6 that correct?
7 A. That's correct.
8 Q. Okay. Have you ever testified before
9 a jury before, Mr. Kolbye?
10 A. No, I have not.
11 Q. All right. If you would if you'll
12 just keep your voice up so that the last jurors down here
13 can hear you, I would appreciate it. Okay?
14 A. Okay.
15 Q. Okay. How much training do you go
16 through to become a firefighter?
17 A. The firefighter training was about
18 three months long, various activities. I'm not sure what
19 the hours are on that.
20 Q. All right. Is there additional
21 training that you need to undergo to become a paramedic?
22 A. Yes, there is.
23 Q. All right. Can you tell us the type
24 of training that you go through to become a paramedic?
25 A. A prerequisite would be to be an
Sandra M. Halsey, CSR, Official Court Reporter
1423

1 emergency medical technician. That's 160 hours of
2 advanced first aid training. And paramedic training is
3 built off of that, it's 300 hours of classroom training,
4 followed by 160 hours of clinical hospital rotations, 240
5 hours of ride-outs on an ambulance with another
6 paramedic.
7 Q. Okay. The folks that teach you there
8 to become a paramedic, are some of them doctors?
9 A. Yes, they are.
10 Q. How about nurses?
11 A. The coordinator of the class that I
12 took was a registered nurse that had a lot of experience
13 in intensive care.
14 Q. Okay. How about other paramedics as
15 instructors?
16 A. Yes, there are.
17 Q. Mr. Kolbye, let me direct your
18 attention back to June the 5th of 1996, and ask you
19 whether or not you were scheduled to work on June the
20 5th.
21 A. Yes, I was. On June 5th I reported at
22 7:00 o'clock in the morning.
23 Q. Okay. And, when you work as a
24 firefighter, what kinds of shifts do you work?
25 A. 24 hours on at the station and 48
Sandra M. Halsey, CSR, Official Court Reporter
1424

1 hours off.
2 Q. All right. So you were scheduled to
3 work from 7:00 in the morning on June the 5th to 7:00 in
4 the morning on June 6th; is that correct?
5 A. That's correct.
6 Q. And where was your fire station
7 located out there in Rowlett?
8 A. 5100 Dalrock.
9 Q. Would that be just south of 66?
10 A. That's correct.
11 Q. Who else was on duty with you at that
12 fire station? Do you recall the names?
13 A. Paramedic Brian Koschak was on the
14 ambulance with me. Our captain was Dennis Vrana, it was
15 Rick Coleman, Mike Youngblood. I can't recall anybody
16 else, I think that was the shift.
17 Q. And you mentioned Brian Koschak. He
18 was working the ambulance with you that day, or that
19 morning?
20 A. Yes, he was.
21 Q. Now, let's go forward a little bit to
22 June the 6th, 1996, about 2:30 in the morning. Were all
23 of y'all at the station at that time?
24 A. Yes, sir, we were.
25 Q. Were you sleeping?
Sandra M. Halsey, CSR, Official Court Reporter
1425

1 A. Yes.
2 Q. Sometime near 2:30 in the morning did
3 a call come in to the fire station out there?
4 A. Yes, it did.
5 Q. All right. And what was the nature of
6 the call?
7 A. The nature of the call that came in as
8 a medical emergency.
9 Q. All right. And what could that mean?
10 Does that encompass a lot of different possibilities?
11 A. That's just a generic call for the
12 fact that somebody is going to need some medical help.
13 Q. All right. Did you and Brian Koschak
14 then get into the ambulance and start to leave the
15 station?
16 A. That's correct.
17 Q. Did you have a destination that you
18 were heading to?
19 A. 5801 Eagle.
20 Q. All right. Before you got to Eagle
21 Drive, did the call change a little bit, from just a
22 medical emergency to something else?
23 A. Yes. The dispatcher came on later and
24 said that this would be a possible stabbing.
25 Q. All right. And did it take you long
Sandra M. Halsey, CSR, Official Court Reporter
1426

1 to get to 5801 Eagle?
2 A. From the time the call came in it was
3 within five minutes.
4 Q. Okay. When you got there to the
5 house, did you see any other emergency personnel, and by
6 that I mean fire engines, ambulances or police cars?
7 A. Yes. There was a police car already
8 there when we arrived and there was another one behind
9 us.
10 Q. All right. And were y'all the first
11 ambulance though to arrive at the scene?
12 A. That's correct.
13 Q. This other car that was coming in with
14 you, do you know who was driving that car?
15 A. That would have been Officer Matt
16 Walling.
17 Q. And when you and Koschak actually
18 parked there at the residence, did y'all immediately get
19 out and go into the house?
20 A. No, we didn't. We stayed inside
21 because it was a possible stabbing waiting for the police
22 to let us know that the scene would be clear.
23 Q. Okay. So you were going to wait on
24 some police officer to actually come out and tell you it
25 was okay to come in. Right?
Sandra M. Halsey, CSR, Official Court Reporter
1427

1 A. That or the dispatcher, yes, sir.
2 Q. All right. Do you know how long that
3 you and Koschak waited out in the ambulance before
4 someone actually gave you the word it was okay to go in
5 and start treating?
6 A. Less than two minutes.
7 Q. All right. And who was it that
8 actually told you it was okay for y'all to go on in?
9 A. Officer Walling.
10 Q. All right. And did both you and Brian
11 Koschak get out of the ambulance at that point and start
12 to go into the house?
13 A. Brian got on the radio and called for
14 additional help, and I grabbed the medical kit and I
15 proceeded in. After he made the call for additional
16 help, he followed me in.
17 Q. So you say that you had a medical kit
18 with you. Do you have a lot of equipment in that kit?
19 A. It's just basic stuff. It's stuff
20 that will just get us by inside the house until we get
21 somebody back outside into the ambulance.
22 Q. Okay. And, did you go in the front
23 door of the house?
24 A. Yes, I did.
25 Q. And, did you go to anywhere in
Sandra M. Halsey, CSR, Official Court Reporter
1428

1 particular, once you got inside the house?
2 A. I walked through the front door
3 through an entryway and into a living area, a living/den
4 area, I suppose you would call it.
5 Q. Okay. Let me just show you State's
6 Exhibit No. 10, which is a floor plan of the house. Are
7 you familiar with the layout of the house?
8 A. Yes, I am.
9 Q. This being the front door right here?
10 A. Yes, sir.
11 Q. When you talk about the family room,
12 are you talking about the family room labeled on the
13 diagram there?
14 A. That is correct.
15 Q. Okay. And when you came into that
16 room, Mr. Kolbye, can you tell us whether or not anyone
17 else was in there at that time?
18 A. When I walked in I noticed Police
19 Officer Waddell, a female and another male.
20 Q. All right. So you noticed the police
21 officer; is that right?
22 A. I'm sorry?
23 Q. Did you notice a police officer?
24 A. Yes, sir, I did.
25 Q. Do you know what his name was?
Sandra M. Halsey, CSR, Official Court Reporter
1429

1 A. That would be Officer Waddell.
2 Q. Okay. So you've got Officer Waddell,
3 then you've got a female and you've got a male; is that
4 right?
5 A. That's correct.
6 Q. Do you recall where in that family
7 room that Officer Waddell was?
8 A. He was standing between or near where
9 the living room and the kitchen would meet.
10 Q. Okay. Is there a -- some sort of a
11 bar or counter that separates the kitchen and the living
12 area?
13 A. Yes, there was. He was standing in
14 front of that.
15 Q. Okay. On the kitchen side or on the
16 family side?
17 A. On the family side.
18 Q. All right. How about the female?
19 Where was she when you came into the room?
20 A. She standing next to him.
21 Q. All right. And do you recall whether
22 or not she was standing up or sitting down, or what in
23 particular that she was doing at that time?
24 A. She was standing up.
25 Q. All right. By Officer Waddell?
Sandra M. Halsey, CSR, Official Court Reporter

1430

1 A. Yes, sir.
2 Q. Okay. How about the other male that
3 you saw in the room? Where was he?
4 A. He was in the -- I suppose you call it
5 the middle of the living area.
6 Q. All right. Middle of the room then.
7 Right?
8 A. That's correct.
9 Q. He's not over with Officer Waddell and
10 the female?
11 A. No, he's not.
12 Q. The female that you saw that morning,
13 do you see her here in the courtroom today?
14 A. Yes, sir, I do.
15 Q. Okay. Is she the lady down here with
16 the pen and the notepad in front of her?
17 A. Yes, sir.
18
19 MR. GREG DAVIS: Your Honor, may the
20 record please reflect that this witness has identified
21 the defendant in open court?
22 THE COURT: Yes, sir.
23
24 BY MR. GREG DAVIS:
25 Q. Now, did you come to know the female
Sandra M. Halsey, CSR, Official Court Reporter
1431

1 to be Darlie Routier?
2 A. Yes, sir, that's correct.
3 Q. Tell us, what was the defendant doing
4 when you first saw her?
5 A. She was standing next to Officer
6 Waddell. She was holding a towel on her neck.
7 Q. All right. Where did you go in the
8 room?
9 A. As soon as I entered the room, I
10 looked at Officer Waddell, he gave me a nod indicating a
11 direction that I looked in, and there I saw a small child
12 laying on the floor.
13 Q. Okay. Where was he in the room?
14 A. Just to my left as I walked in.
15 Q. Okay. So you just go into the family
16 room and he's right there on your left; is that right?
17 A. That's correct.
18 Q. How was he positioned? Was he on the
19 floor?
20 A. He was lying face down on the floor.
21 Q. And what did you do?
22 A. I walked over to the child and
23 examined his back side briefly for any injuries, and I
24 rolled him over.
25 Q. Do you recall how he was clothed?
Sandra M. Halsey, CSR, Official Court Reporter
1432

1 A. He had on a dark T-shirt and blue
2 jeans.
3 Q. You say then that you examined his
4 back. Let me ask you: Was there any kind of a rag or
5 towel or anything else on top of that child?
6 A. No, there was not.
7 Q. Are you sure about that?
8 A. I'm absolutely sure about that.
9 Q. Okay. He's got on blue jeans and he's
10 got on a black shirt. Right?
11 A. That's correct.
12 Q. You say that you turned him over; is
13 that right?
14 A. I rolled him over, yes, sir.
15 Q. Okay. And what, if anything, occurred
16 when you rolled the child over?
17 A. He gasped for a gasp of air, and that
18 was the final time that he breathed.
19 Q. When he gasped did you notice whether
20 or not his eyes were open?
21 A. Yes, sir, his eyes were open and there
22 were still a light of life in those eyes.
23 Q. Did you ever see that light go out of
24 his eyes?
25 A. Yes, sir, as I was with the child it
Sandra M. Halsey, CSR, Official Court Reporter
1433

1 slowly faded.
2 Q. All right. How long did you remain
3 inside the residence with the child?
4 A. About two minutes.
5 Q. Okay. And, at some point then, did
6 you move him out to your ambulance?
7 A. Yes, sir. I picked him up and carried
8 him out to the ambulance.
9 Q. What was the purpose of moving him out
10 to the ambulance?
11 A. I looked up and could tell that my
12 partner was going to be busy, that he wasn't going to be
13 able to assist me. There was some commotion and chaos in
14 the house. But more than anything, that's where the
15 advanced life support that I would need would be in the
16 ambulance. I really wanted to get him hooked up to an
17 EKG monitor as soon as possible.
18 Q. Okay. This photograph that's out
19 here, State's Exhibit 9-A, do you recognize this to be
20 the child that you found inside, face down, that you
21 moved to the ambulance?
22 A. Yes, sir, that's him.
23 Q. Okay. What was his condition, at the
24 time that you started to move him out to the ambulance?
25 A. He was not breathing. There was no
Sandra M. Halsey, CSR, Official Court Reporter
1434

1 pulse.
2 Q. Okay. I'm interested in the actual
3 movement of him. How did you take him out to the
4 ambulance?
5 A. I carried him in my arms. His back --
6 he was face up in my arms.
7 Q. Okay. Was he bleeding as you took him
8 out?
9 A. No, he was not.
10 Q. Okay. Were you getting a lot of blood
11 on you as you carried him out?
12 A. No, I was not. Actually, when I
13 stopped and opened the back of the ambulance I had to
14 prop him up on my chest with my knee to free an arm to
15 open it. And I had very little blood on me, what would
16 have rubbed off of his clothes on to me.
17 Q. And once you took him out to your
18 ambulance, what did you do with him?
19 A. I continued CPR, which I had started
20 in the house before I carried him out. Shortly after
21 that time, the engine company arrived, Paramedic Coleman
22 I could see was available, so I asked him to come and
23 assist me.
24 Q. And did he?
25 A. Yes, he did.
Sandra M. Halsey, CSR, Official Court Reporter
1435

1 Q. Okay. Did you and Paramedic Coleman
2 continue working on Damon there in the ambulance?
3 A. Yes, we did. I continued to do chest
4 compressions for the CPR. Coleman took over the
5 respiratory efforts and made preparations to intubate the
6 child.
7 Q. When you talk about intubate, are you
8 talking about putting a tube down him, to help him
9 breathe?
10 A. Yes, sir. There's various sized tubes
11 that we call endotracheal tubes and they go past the
12 mouth into the trachea, or the windpipe, and it gives us
13 a better seal for making respiratory efforts.
14 Q. Okay. All right. At some point did
15 you transport Damon to the hospital?
16 A. Yes, we did. We stayed in the back of
17 the ambulance probably 15 minutes continuing on with the
18 advanced life support before we transported him.
19 Q. Let me ask you a question: You were
20 in the house a very short period of time with him; is
21 that right?
22 A. That's correct.
23 Q. You then were in the ambulance with
24 him for, what, about 15 minutes before you started going
25 to the hospital. Right?
Sandra M. Halsey, CSR, Official Court Reporter
1436

1 A. That's correct.
2 Q. And how long did it take you to get to
3 the hospital with him?
4 A. It would have been maybe another 15
5 minutes.
6 Q. Okay. What hospital did you take him
7 to?
8 A. Baylor of Dallas.
9 Q. In route to the hospital, did you and
10 Paramedic Coleman continue working on the child?
11 A. That's correct. In route to the
12 hospital I actually started an IV in the jugular vein
13 that we had not been able to accomplish before. And we
14 pushed a drug, epinephrine, which is a cardiac drug, and
15 continued CPR.
16 Q. Okay. Did Damon show any response to
17 your treatment?
18 A. No, he did not.
19 Q. By the time you got down to Baylor
20 with him, what was his condition?
21 A. It had not changed any.
22 Q. Still no pulse?
23 A. Still no pulse, no respiration.
24 Q. And I assume that once you got down
25 there, that the Baylor personnel then took over the
Sandra M. Halsey, CSR, Official Court Reporter
1437

1 treatment, or attempted treatment of Damon; is that
2 right?
3 A. Yes, sir. We took him into one of the
4 rooms, their larger room, their trauma room, and turned
5 him over to the staff there.
6 Q. Okay. How long did you and Paramedic
7 Coleman remain there at the hospital? Any idea?
8 A. It took us a little while to regroup,
9 probably about an hour.
10 Q. Okay. Had you ever dealt with a
11 situation quite like this before?
12 A. No, sir, nothing like this.
13 Q. While you were in the house there at
14 5801 Eagle Drive, did you ever have occasion to go up to
15 the defendant to talk with her, to look at her, to do
16 anything with her?
17 A. No, sir, I did not.
18 Q. You ever have any occasion to attempt
19 to treat her, assess her wounds, touch her clothing,
20 anything of that order?
21 A. No, sir, I did not.
22 Q. Would it be fair to say that your
23 entire focus was on Damon?
24 A. Yes, it was.
25 Q. Was -- were there other paramedics who
Sandra M. Halsey, CSR, Official Court Reporter
1438

1 began attending to the defendant while you tried to
2 assist Damon?
3 A. Yes, there was. Brian Koschak, the
4 partner that I rode in on, had been left behind in the
5 room, and he, as I understood it, took care of her from
6 that point on.
7 Q. Okay. Let me ask you a little bit
8 about the CPR. You've been performing CPR how long now?
9 A. I took my first class in probably
10 1977. I've been a CPR instructor for the past five
11 years. I have been doing CPR as a paramedic 13 or 14
12 years.
13 Q. Okay. Paramedic Kolbye, this child
14 was face down on the floor. Right?
15 A. That is correct.
16 Q. Do you know of any way to perform CPR
17 on a child or any other person who is face down?
18 A. No, there is no way.
19 Q. Okay. What would you need to do to
20 that child in order to perform CPR?
21 A. You would have to roll him over on his
22 back.
23 Q. Okay. Like you did?
24 A. Yes, sir.
25 Q. Now, if -- let's assume that a child
Sandra M. Halsey, CSR, Official Court Reporter
1439

1 such as Damon is face down and is bleeding from the back.
2 Okay?
3 A. Yes, sir.
4 Q. And, let's assume that a person who is
5 not a paramedic, not trained in the medical field like
6 you are, is instructed to assist that person or render
7 first aid of some order to that person, what would be the
8 proper instruction to give to that individual in your
9 opinion?
10 A. For somebody that is not trained in
11 CPR?
12 Q. Right. What's the thing they ought to
13 do for that child?
14 A. They should find something that is
15 going to be absorbent, apply pressure to those wounds to
16 stop the bleeding.
17 Q. Like go look for a rag and place a rag
18 on the boy's back and apply pressure to stop the
19 bleeding?
20 A. That would be correct.
21 Q. I have one additional question about
22 your activities out there that morning. I know you're
23 not in the house very long, are you?
24 A. No, sir.
25 Q. Okay. Did you ever see a civilian
Sandra M. Halsey, CSR, Official Court Reporter
1440

1 female come into the house to that family room while you
2 were there?
3 A. No, I did not.
4 Q. Anybody identified as Karen Neal ever
5 come into that room while you were inside the residence
6 attending to Damon?
7 A. No.
8 Q. Let me ask you: Prior to your
9 testimony today, you and I have talked about your
10 testimony, haven't we?
11 A. Yes, we have.
12 Q. Okay. And we have talked before we
13 came to Kerrville; is that right?
14 A. That's correct.
15 Q. Do you remember about the number of
16 times that you and I have talked about what you did out
17 there that morning while we were in Dallas?
18 A. Four times.
19 Q. Okay. Did you come down to the
20 Courthouse at one point?
21 A. In Dallas?
22 Q. Yes.
23 A. Yes, sir, I did.
24 Q. Did you come to the courtroom where
25 other police officers and paramedics were?
Sandra M. Halsey, CSR, Official Court Reporter
1441

1 A. Yes, sir.
2 Q. All right. And did I ask you to get
3 up on the witness stand and tell me what you just told
4 this Jury?
5 A. Yes, sir, you did.
6 Q. Did I also come out to the -- I
7 believe it was the Rowlett Police Department, wasn't it,
8 where we met for the first time?
9 A. The first time, yes, sir.
10 Q. Okay. And we may have met other times
11 in Dallas in addition to that. Correct?
12 A. Correct.
13 Q. Okay. And you've been in Kerrville
14 now since, what, Monday night?
15 A. I came in Monday night.
16 Q. All right. And did I ask you to come
17 over -- I'm losing track. Was it either Tuesday or
18 Wednesday night, did I ask you to come to my room for a
19 few minutes so we could go over your testimony again?
20 A. I believe it was Tuesday night.
21 Q. Okay. Is that the only meeting we've
22 had while we're here in Kerrville to discuss your
23 testimony?
24 A. Yes, sir.
25 Q. Let me ask you whether you prepared
Sandra M. Halsey, CSR, Official Court Reporter
1442

1 any reports concerning your activities out there, run
2 sheets or any other items?
3 A. Yes, sir, I did.
4
5
6 (Whereupon, the following
7 mentioned item was
8 marked for
9 identification only
10 after which time the
11 proceedings were
12 resumed on the record
13 in open court, as
14 follows:)
15
16 BY MR. GREG DAVIS:
17 Q. All right. Paramedic Kolbye, let me
18 ask you, if you would, to look at State's Exhibit 20-D.
19 Is that a report that you prepared?
20 A. That's --
21 Q. Or did someone else prepare that?
22 A. This is the report for my run that I
23 made. The report was actually filled out by Rick
24 Coleman, I discussed it with him what needed to be put on
25 here. He's the one that actually filled it out.
Sandra M. Halsey, CSR, Official Court Reporter
1443

1 Q. Okay. So you gave him the information
2 and he actually made the writing; is that right?
3 A. That's correct.
4 Q. Okay. In addition to the report,
5 State's Exhibit 20-D, did you also, at the request of the
6 Rowlett Police Department, give an affidavit concerning
7 what occurred out there at the residence that night?
8 A. Yes, I did.
9 Q. And did they also ask you to make a
10 drawing about where people were at the time that you came
11 into the house?
12 A. Yes, they did.
13 Q. The children?
14 A. Yes, they did.
15
16
17
18 (Whereupon, the following
19 mentioned item was
20 marked for
21 identification only
22 after which time the
23 proceedings were
24 resumed on the record
25 in open court, as
Sandra M. Halsey, CSR, Official Court Reporter
1444

1 follows:)
2
3 BY MR. GREG DAVIS:
4 Q. All right. And that's State's Exhibit
5 20-G; is that right?
6 A. Yes, sir.
7 Q. All right. Let me ask you also,
8 Paramedic Kolbye, if you've already, at some point, last
9 year, I believe it was in September, already been
10 cross-examined, by an attorney representing the
11 defendant?
12 A. Yes, sir.
13 Q. Okay. And did you answer his
14 questions that day?
15 A. Yes, I did.
16 Q. Okay. And there was a transcript made
17 of that; is that right?
18 A. That's correct.
19 Q. And that attorney's name was -- well,
20 let me just ask you: Was it one of the five attorneys
21 sitting over here with Mrs. Routier today?
22 A. I do not recognize any of them.
23 Q. All right. Do you recognize the
24 attorney's name, Douglas Parks?
25 A. Yes, sir, I do.
Sandra M. Halsey, CSR, Official Court Reporter
1445

1 Q. Okay. And so he's the one that's
2 already questioned you and cross-examined you; is that
3 right?
4 A. That's correct.
5
6 MR. GREG DAVIS: Your Honor, at this
7 time, I will tender State's Exhibits 20-G and 20-D to
8 counsel, and I'll pass this witness for
9 cross-examination.
10 THE COURT: Mr. Mosty.
11 MR. RICHARD C. MOSTY: Yes, sir.
12 THE COURT: All right, sir.
13 MR. RICHARD C. MOSTY: May I have a
14 moment?
15 THE COURT: You may indeed. Ten
16 minute break?
17 MR. RICHARD C. MOSTY: Sure.
18 THE COURT: Okay. Ten minute break.
19
20 (Whereupon, a short
21 Recess was taken,
22 After which time,
23 The proceedings were
24 Resumed on the record,
25 In the presence and
Sandra M. Halsey, CSR, Official Court Reporter
1446

1 Hearing of the defendant
2 but outside the presence of
3 the jury, as follows:)
4
5
6 THE COURT: Are both sides ready to
7 bring the jury back in and continue?
8 MR. GREG DAVIS: Yes, sir, the State
9 is ready.
10 MR. RICHARD C. MOSTY: Yes, sir, the
11 defense is ready.
12 THE COURT: All right. Bring the jury
13 in, please.
14
15 (Whereupon, the jury
16 was returned to the
17 courtroom, and the
18 proceedings were
19 resumed on the record,
20 in open court, in the
21 presence and hearing
22 of the defendant,
23 as follows:)
24
25 THE COURT: All right. Let the record
Sandra M. Halsey, CSR, Official Court Reporter
1447

1 reflect that all parties of trial are present and the
2 jury is seated.
3 Mr. Mosty.
4
5
6 CROSS EXAMINATION
7
8 BY MR. RICHARD C. MOSTY:
9 Q. Mr. Kolbye, I just want to cover a few
10 things with you.
11 Do you know, just through your
12 dealings with -- do you know the Rowlett Police
13 Department Officers?
14 A. Just as a course through work.
15 Q. Through work, I mean?
16 A. Yes.
17 Q. I mean, for instance, you know who
18 Walling is, or when you saw him you knew who that was?
19 A. Yes, sir.
20 Q. And Waddell as well?
21 A. That's correct.
22 Q. If I understand, you are in route --
23 how far is the station from this house?
24 A. Two to three miles.
25 Q. Okay.
Sandra M. Halsey, CSR, Official Court Reporter
1448

1 A. It's very close.
2 Q. All right. And you were there within
3 just a few minutes?
4 A. That's correct.
5 Q. Okay. And, as a matter of fact, you
6 were there in front of Walling?
7 A. That is correct.
8 Q. You weren't driving, were you?
9 A. Yes, sir, I was.
10 Q. You were driving. Did you notice at
11 some point, that Walling was behind you with his lights
12 on?
13 A. Yes, sir.
14 Q. Okay. And then, of course, you
15 noticed when he pulled up behind you?
16 A. Actually he pulled up and around --
17 around me.
18 Q. Where did you park?
19 A. I parked on the north side of the
20 house.
21 Q. Okay. As close as you could quickly
22 determine was the front of the house?
23 A. That's correct.
24 Q. Okay. And he came around you?
25 A. Yes, sir, he did.
Sandra M. Halsey, CSR, Official Court Reporter
1449

1 Q. I'm saying to my right; is that right?
2 A. Yes, sir, that's correct.
3 Q. To the right?
4 A. Yes, sir.
5 Q. You parked on the wrong side of the
6 street then?
7 A. That's what I did, yes, sir.
8 Q. All right. Then did Walling say
9 anything to you when he exited the vehicle?
10 A. No, he did not.
11 Q. Did he make any motions to you or
12 anything?
13 A. No, he did not. None that I saw.
14 Q. Okay. Where did Walling park?
15 A. It would have been in an alley just
16 off the street the best that I remember.
17 Q. So are you pretty much directly in
18 front of the house?
19 A. No, sir, I'm not. If you were
20 standing in front of the house, I'm to the right.
21 Q. Okay.
22 A. Standing in front of the house,
23 looking at the house.
24 Q. Okay.
25 A. I would be on your right.
Sandra M. Halsey, CSR, Official Court Reporter
1450

1 Q. And had you come from -- if I were
2 standing facing the house, had you come from the left?
3 A. That's correct.
4 Q. That was your point?
5 A. Yes, sir.
6 Q. And so you sort of went past the front
7 of the house?
8 A. Yes, sir.
9 Q. Toward the right if we were all
10 looking at that house?
11 A. Yes, sir.
12 Q. Okay. And then Walling came around
13 you and farther on?
14 A. That's correct.
15 Q. To the alley?
16 A. Yes, sir.
17 Q. More or less?
18 A. Yes, sir.
19 Q. Which side of the street did he park
20 on?
21 A. I don't recall.
22 Q. Was there another car at the scene?
23 A. Yes, sir, there was.
24 Q. Where was it located?
25 A. I know that I had passed it before I
Sandra M. Halsey, CSR, Official Court Reporter
1451

1 parked, but I couldn't tell you its exact location.
2 Q. It was farther back toward the front
3 of the house?
4 A. That's correct.
5 Q. And I guess that it's standard
6 procedure in that situation that you wait for an officer
7 to give you the go-ahead to go in?
8 A. Yes, that's correct.
9 Q. And you were able to observe Walling
10 go in the residence?
11 A. Yes, sir, I did.
12 Q. Did you exit the ambulance, you and
13 your partner -- who's your partner, Koschak?
14 A. Yes, sir, Brian Koschak.
15 Q. Did y'all exit your ambulance?
16 A. At some point, yes, sir.
17 Q. Before Walling came back out?
18 A. No, sir.
19 Q. Did you -- was there some stuff you
20 needed to do, for instance, equipment that you needed to
21 be picking up while you are sitting in the ambulance?
22 A. No, sir. We were sitting in the cab
23 of the ambulance waiting for a clear to come to us to go
24 inside the residence.
25 Q. And you had, either on you or in your
Sandra M. Halsey, CSR, Official Court Reporter
1452

1 hands, all of the tools or supplies that you needed?
2 A. No, they are in compartments on the
3 side of the ambulance. They are very quick and easy --
4 it's very quick and easy just to open the compartment on
5 the side of the ambulance and to grab the kit that you
6 need.
7 Q. Okay. And from the time -- did you
8 see Officer Walling head across and actually go in the
9 house -- head across the yard?
10 A. I saw him go across the yard. I
11 didn't actually see him go in the house, no.
12 Q. Okay. Did you see any other
13 individuals out in the yard?
14 A. No, I did not.
15 Q. Did Walling stop or do anything after
16 he exited his vehicle?
17 A. I wasn't really paying that much
18 attention to him.
19 Q. What were you doing?
20 A. I was sitting in the driver's seat.
21 Q. And I guess you -- but you had a clear
22 view of the front of the house, didn't you?
23 A. It was an angle view of the front of
24 the house.
25 Q. So you're sort of looking -- were you
Sandra M. Halsey, CSR, Official Court Reporter
1453

1 sort of looking straight ahead at Walling's car and sort
2 of to your left at the front door?
3 A. I couldn't actually see the front
4 door.
5 Q. You could not?
6 A. No. I could see the front of the
7 house, but it wasn't a clear view of the front door.
8 Q. Okay. Was it sort of dark in front of
9 the house?
10 A. I don't recall it as being dark.
11 Q. Do you remember any lights?
12 A. I don't remember what the lighting
13 situation was like.
14 Q. Okay. Well, how long do you think
15 Walling was in the house?
16 A. A minute and a half.
17 Q. Okay. And he came out. Did he say
18 something to you or signal to you, or what did he do?
19 A. He came to the driver's side door. I
20 rolled the window down, and he said, "You have two
21 children inside. You're going to need some more help.
22 Go on in."
23 Q. He said "You may have two children"?
24 A. I don't recall what his exact words
25 were.
Sandra M. Halsey, CSR, Official Court Reporter
1454

1 Q. Okay. The gist of that was "call for
2 more help"?
3 A. Yes, sir.
4 Q. Okay. And, did you do that? Or your
5 partner?
6 A. Yes, my partner did.
7 Q. Okay. And where did Walling go?
8 A. I do not know.
9 Q. And what did you do?
10 A. That's when I got out of the
11 ambulance, and grabbed the medical kit, and proceeded to
12 go inside.
13 Q. Did you run to the front door?
14 A. No, sir, I did not.
15 Q. You walked?
16 A. Yes, sir.
17 Q. Probably --
18 A. At a pace, yes, sir.
19 Q. At a brisk pace? And was Koschak
20 right behind you?
21 A. Yes, he was.
22 Q. Okay. And there wasn't any delay in
23 him calling? He didn't stay behind to call?
24 A. No, he didn't.
25 Q. He was coming in right behind you?
Sandra M. Halsey, CSR, Official Court Reporter
1455

1 A. That's correct.
2 Q. Okay. And when you came in you
3 observed Mrs. Routier?
4 A. Yes, sir, I did.
5 Q. As you walked in the house?
6 A. Well, once I entered into the living
7 area, I observed her, yes, sir.
8 Q. Okay. And instantaneously you could
9 tell that she was very distraught?
10 A. Yes, sir.
11 Q. And you knew that, didn't you?
12 A. She was holding a towel on her neck
13 and there appeared to be quite a bit of blood there, yes,
14 sir.
15 Q. She was distraught? That was your
16 word, wasn't it?
17 A. Yes, sir, it was.
18 Q. Okay. Now, then you immediately
19 turned your attention to the child -- to the first child?
20 A. Yes, I did.
21 Q. Okay. And who nodded in the direction
22 of the child?
23 A. Officer Waddell.
24 Q. How far was Waddell from that child?
25 A. Ten or 12 feet.
Sandra M. Halsey, CSR, Official Court Reporter
1456

1 Q. That far?
2 A. That is my guess.
3 Q. Was he at the end of the bar or
4 whereabouts?
5 A. He was at the end of the bar, yes,
6 sir.
7 Q. Okay. Let me show you --
8 A. Away from the child.
9 Q. Let me show you this exhibit, which is
10 a floorplan of the house. And I know that it wasn't
11 your -- you weren't focusing on the floorplan, but does
12 that seem about like the floorplan of the part that you
13 came in, the entry hall?
14 A. Yes, sir.
15 Q. And a bar?
16 A. That's correct.
17 Q. And was Waddell here at the end of
18 this bar?
19 A. No, sir, he was at the other end.
20 Q. At this far end?
21 A. Yes, sir.
22 Q. Okay. Near the back wall?
23 A. Yes, sir.
24 Q. Okay. And he nodded in what
25 direction?
Sandra M. Halsey, CSR, Official Court Reporter
1457

1 A. Toward the direction of the child that
2 was laying on the floor.
3 Q. Okay. To that point, had you seen the
4 child?
5 A. No, I had not.
6 Q. And as you got around that corner,
7 could you clearly see the child?
8 A. Yes, I could.
9 Q. And did you immediately go down to
10 your knees, I guess, or how?
11 A. Yes, sir, I did.
12 Q. Okay. Did you take out any bandages
13 or equipment out of your kit?
14 A. I removed what we call an Ambu bag to
15 do mouth to mouth resuscitation. It has a mouthpiece on
16 it and a bag reservoir that we use to put mouth to mouth
17 resuscitation, as opposed to doing mouth to mouth
18 resuscitation.
19 Q. And it comes, I guess, in a -- some
20 kind of sterile packaging?
21 A. Yes, it does.
22 Q. You tore that packaging open and cast
23 it aside?
24 A. Yes, sir, I did.
25 Q. Okay. And you also saw Mr. Routier,
Sandra M. Halsey, CSR, Official Court Reporter
1458

1 but as I understood it, you weren't clear -- he wasn't
2 beside Waddell or Mrs. Routier?
3 A. No, he was not.
4 Q. He was off -- did you say sort of in
5 the middle of the living room? Is that how you said
6 that?
7 A. Yes, sir.
8 Q. Okay. And did you see anything else
9 over in the middle of the living room in the area where
10 Mr. Routier was?
11 A. No, I couldn't see anything else.
12 Q. You did not see another child in
13 there?
14 A. No, I did not.
15 Q. Never saw another child?
16 A. No, sir, I did not.
17 Q. Did you ever see what -- did you ever
18 see what Koschak did?
19 A. No, sir, I did not.
20 Q. Okay. You weren't paying attention to
21 what he was doing?
22 A. No, sir.
23 Q. I guess it's fair to say that once you
24 went down beside your -- the person you were treating,
25 that everything you did was focused on that child?
Sandra M. Halsey, CSR, Official Court Reporter
1459

1 A. Yes, sir.
2 Q. And how long would you say you were in
3 that -- there in the house with the child?
4 A. About two minutes.
5 Q. Okay. And Mr. Routier, when you saw
6 him, how would you describe him? He was excited?
7 A. He was excited, yes, sir.
8 Q. Okay. Was he distraught too?
9 A. No, sir, I would describe him as being
10 excited.
11 Q. Excited?
12 A. Yes, sir.
13 Q. All right. And as you were there, and
14 these children were both being attended to, there was a
15 lot of screaming going on, wasn't there?
16 A. There was.
17 Q. Okay. And crying?
18 A. There was some screaming.
19 Q. Okay. And, as a matter of fact, there
20 was so much screaming, and so much anguish, that that was
21 one of the reasons that you wanted to pick that child up
22 and get him out of there, wasn't it?
23 A. That was one of the reasons, yes, sir.
24 Q. So, with everything, with all of the
25 commotion going on, and the screaming and the anguish,
Sandra M. Halsey, CSR, Official Court Reporter
1460

1 you thought that you could do better for the child and do
2 your job better, if you picked the child up and got him
3 out to the ambulance?
4 A. Yes, sir.
5 Q. And for the people that were doing --
6 I guess Waddell wasn't screaming, was he?
7 A. No, sir, he was not.
8 Q. And Koschak wasn't screaming?
9 A. No, sir.
10 Q. Was it Mrs. Routier doing the
11 screaming?
12 A. I don't recall her screaming.
13 Q. Who was screaming?
14 A. Mr. Routier.
15 Q. And you don't recall Mrs. Routier
16 screaming?
17 A. Not a scream, no, sir.
18 Q. Okay. What did you think -- what did
19 you characterize what Mrs. Routier was doing, the words
20 she was saying and the actions, if you didn't
21 characterize it as screaming, how would you characterize
22 it?
23 A. She answered loudly.
24 Q. Is it your regular practice to write
25 handwritten reports as quickly as you reasonably can?
Sandra M. Halsey, CSR, Official Court Reporter
1461

1 A. Yes, sir.
2 Q. And you did in this case on June 6th,
3 did you not?
4 A. That's correct.
5 Q. That same day?
6 A. Yes, sir.
7 Q. And, of course, that was your best
8 recollection --
9 A. Yes, sir.
10 Q. -- of what had happened?
11 A. That's correct.
12 Q. And it was very fresh on your mind at
13 that point, wasn't it?
14 A. That's correct.
15 Q. I mean, it was standing out?
16 A. Yes, sir.
17 Q. But I guess when you go in a situation
18 like that, there are some things that you just don't
19 remember, or that you just don't pay attention to?
20 A. Yes, sir.
21 Q. And some things that you pay attention
22 to, and so those are vivid in your memory. And other
23 things, you might miss?
24 A. That's correct.
25 Q. But on June 6th, 1996, when your
Sandra M. Halsey, CSR, Official Court Reporter
1462

1 memory was very fresh, you said that both the male and
2 female, it seemed, were screaming, didn't you?
3 A. Well, I don't remember.
4 Q. You don't recall that? You'll be able
5 to recognize your own handwriting, won't you?
6 A. Certainly.
7 Q. Let me show State's -- what's been
8 marked for record purposes as State's Exhibit 206,(sic)
9 and if you would, is that your handwriting?
10 A. Yes, sir.
11 Q. And does it bear your signature at the
12 bottom?
13 A. Yes, it does.
14 Q. And is it so that it was subscribed
15 and sworn to on the 6th day of June, 1996?
16 A. Yes, sir, that's correct.
17 Q. Same day as this incident? When this
18 was freshest on your mind?
19 A. That's correct.
20 Q. And, isn't it true, that in this
21 statement you -- that the way you described Mr. -- Mrs.
22 Routier and Mr. Routier is as follows: "With both the
23 male and -- male and female at the scene screaming, I
24 decided to move the child to" -- is that MICU?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1463

1 Q. And that, when your memory was the
2 best, was how you described what Mrs. Routier was doing?
3 A. That's what it says on that report,
4 yes, sir.
5 Q. And so then that's accurate, isn't it?
6 A. Yes, sir.
7 Q. She was screaming, wasn't she?
8 A. Well, yes, sir.
9 Q. There is nothing that has happened
10 between June 6th of 1996 and today that would change your
11 mind about what you saw out there and what you heard out
12 there, is there?
13 A. No, sir, there is not.
14 Q. And, however many meetings you had
15 with the DA, was it four?
16 A. Yes, sir.
17 Q. That doesn't change what you knew to
18 be the truth on June 6th, 1996, does it?
19 A. No, it doesn't.
20 Q. Okay. And your best depiction then,
21 of what Mrs. Routier was doing, was that she was
22 screaming?
23 A. The way you initially asked me the
24 question, he was screaming louder than she was.
25 Q. Okay. Okay. So, all right. I think
Sandra M. Halsey, CSR, Official Court Reporter
1464

1 I understand.
2
3 MR. RICHARD C. MOSTY: That's all I
4 have. Pass the witness.
5 MR. GREG DAVIS: No further questions.
6 THE COURT: You may step down, sir.
7 You next witness.
8 MR. GREG DAVIS: The State will call
9 Brian Koschak.
10
11 THE COURT: All right. Brian Koschak.
12 Were you sworn in?
13 THE WITNESS: No, sir.
14
15 (Whereupon, the witness
16 Was duly sworn by the
17 Court, to speak the truth,
18 The whole truth and
19 Nothing but the truth,
20 After which, the
21 Proceedings were
22 Resumed as follows:)
23
24
25 THE COURT: Do you solemnly swear or
Sandra M. Halsey, CSR, Official Court Reporter
1465

1 affirm that the testimony you are about to give will be
2 the truth, the whole truth, and nothing but the truth, so
3 help you God?
4 THE WITNESS: I do.
5 THE COURT: Have a seat right here,
6 please.
7 You're now under the Rule of Evidence.
8 That simply means when you're not testifying, you remain
9 outside the Courtroom. Don't talk about your testimony
10 with anybody who has testified.
11 You may talk to the attorneys for
12 either side. If someone tries to talk to you about your
13 testimony, tell the attorney for the side who called you.
14 Okay?
15 THE WITNESS: Yes, sir.
16 THE COURT: Okay. Speak into the
17 microphone loudly, please, so everybody can hear you,
18 particularly those last two jurors.
19 Go ahead.
20
21
22
23
24
25 Whereupon,
Sandra M. Halsey, CSR, Official Court Reporter
1466

1
2 BRIAN LELAND KOSCHAK,
3
4 was called as a witness, for the State of Texas, having
5 been first duly sworn by the Court to speak the truth,
6 the whole truth, and nothing but the truth, testified in
7 open court, as follows:
8
9
10 DIRECT EXAMINATION
11
12 BY MR. GREG DAVIS:
13 Q. Would you please tell us your full
14 name.
15 A. Brian Leland Koschak.
16 Q. All right. And Mr. Koschak, how are
17 you employed?
18 A. Rowlett Fire Department.
19 Q. All right. How long have you been
20 with them?
21 A. Six years.
22 Q. All right. And before joining the
23 Rowlett Fire Department, had you worked in that capacity
24 with some other agencies?
25 A. Yes, sir, I was a paramedic with the
Sandra M. Halsey, CSR, Official Court Reporter
1467

1 Dallas Ambulance Service.
2 Q. All right. And for how long were you
3 a paramedic with them?
4 A. Three years.
5 Q. You've been with Rowlett for about six
6 years. How long have you been a paramedic in all?
7 A. Seven years.
8 Q. Now, is it true that you undergo
9 additional training to become a paramedic?
10 A. That's correct.
11 Q. Let me ask you if back on June the
12 5th, 1996, were you working with a group there at the
13 fire station including Jack Kolbye?
14 A. I was.
15 Q. And were you assigned to work in an
16 ambulance with him?
17 A. Yes, sir.
18 Q. Were you scheduled to work 7:00 in the
19 morning until 7:00 in the morning on June the 6th?
20 A. Yes, sir.
21 Q. I want to direct your attention to
22 about 2:30 in the morning on June the 6th, 1996 and ask
23 you whether or not a call came into the fire station.
24 A. It did.
25 Q. And what was the nature of the call?
Sandra M. Halsey, CSR, Official Court Reporter
1468

1 A. Medical emergency, I believe.
2 Q. All right. Did you and Jack Kolbye
3 then begin to respond to that call?
4 A. We did.
5 Q. And did you begin to drive the
6 ambulance over to the location?
7 A. That's correct.
8 Q. And what location were you going to?
9 A. I believe it was 5801 Eagle Drive.
10 Q. Were you driving or was Paramedic
11 Kolbye driving?
12 A. Paramedic Kolbye was.
13 Q. All right. At any time before you got
14 to the location there on Eagle, did you get anymore
15 information about what you were going to be facing when
16 you got out there?
17 A. Yes, sir. Additional information, it
18 was a possible stabbing.
19 Q. All right. Did you, in fact, get to
20 5801 Eagle Drive?
21 A. We did, sir.
22 Q. Could you tell who else was already at
23 the location when you got there?
24 A. There was one police car on the scene
25 when we arrived and one right behind us.
Sandra M. Halsey, CSR, Official Court Reporter
1469

1 Q. All right. And do you know the name
2 of the officer that was driving the second police car?
3 A. I believe it was Sergeant Walling.
4 Q. Okay. Did you and Paramedic Kolbye
5 immediately get out of the ambulance and go inside the
6 house?
7 A. Not immediately, no, sir.
8 Q. Did you wait for Sergeant Walling to
9 clear the house for you?
10 A. Yes, sir.
11 Q. Do you know about what -- how much
12 time it took for Sergeant Walling to clear the house
13 before you and Paramedic Kolbye would be allowed inside?
14 A. One to two minutes.
15 Q. Did he, in fact, come out and tell you
16 it was okay to go inside the house?
17 A. He did.
18 Q. Did he give you any more information
19 to work with?
20 A. Yes, sir, he stated, "We're going to
21 need more help."
22 Q. All right. Did you do anything in
23 response to him saying that to you?
24 A. I did.
25 Q. What did you do?
Sandra M. Halsey, CSR, Official Court Reporter
1470

1 A. I radioed dispatch to send another --
2 an additional engine, fire truck and ambulance.
3 Q. All right. While you were radioing
4 for additional help, did Paramedic Kolbye get out of the
5 ambulance and start to go inside the house?
6 A. He did.
7 Q. How far behind him were you when you
8 got out of the ambulance and started to go inside?
9 A. Footsteps, right on his heels.
10 Q. All right. And did you go in through
11 the front door?
12 A. We did.
13 Q. When you got inside, did you go to any
14 particular room inside the house?
15 A. Directly through the foyer to, I call
16 it the den.
17 Q. Okay. Down a hallway?
18 A. Yes, sir.
19 Q. And into a room that you call a den;
20 is that right?
21 A. That's correct.
22 Q. Let me just ask you briefly to look at
23 State's Exhibit No. 10, it's a floorplan of that
24 residence out there. You just tell me. On this diagram,
25 we have a room called the family room. Is that the room
Sandra M. Halsey, CSR, Official Court Reporter
1471

1 that you're referring to?
2 A. Yes, sir, it is.
3 Q. Okay. When you got in there, was
4 Paramedic Kolbye already attending to a patient?
5 A. Yes, sir.
6 Q. Okay. And where was his patient
7 located?
8 A. His patient was at the end of the
9 foyer, right behind the couch as we walked into the
10 family room.
11 Q. All right. So as you come into that
12 room, would he have been straight ahead, on the left, the
13 right, where would he have been then?
14 A. He would have been on my left.
15 Q. Could you see anyone else inside the
16 room?
17 A. Yes, sir.
18 Q. All right. Who could you see?
19 A. Directly ahead of me was my partner
20 Jack Kolbye, and near the bar area in the family room was
21 Officer Waddell and Mrs. Routier.
22 Q. All right. And they're standing there
23 by the kitchen bar; is that right?
24 A. Yes, sir.
25 Q. That separates the family room from
Sandra M. Halsey, CSR, Official Court Reporter
1472

1 the kitchen?
2 A. Yes, sir.
3 Q. All right. About how far away from
4 where Paramedic Kolbye and his patient, were the
5 defendant and Officer Waddell?
6 A. Could you rephrase the question?
7 Q. Yeah. How far away from Paramedic
8 Kolbye and the other child were Officer Waddell and the
9 defendant?
10 A. Five to six feet, I would guess.
11 Q. All right. And when we talk about
12 "the defendant," are we talking about the lady over here
13 with the notepad and pen?
14 A. Yes, sir.
15 Q. Over here in the green jacket -- the
16 green dress?
17 A. Yes.
18
19 MR. GREG DAVIS: Your Honor, may the
20 record please reflect this witness has identified the
21 defendant in open court?
22 THE COURT: Yes, sir.
23
24
25 BY MR. GREG DAVIS:
Sandra M. Halsey, CSR, Official Court Reporter
1473

1 Q. All right. So we've got Paramedic
2 Kolbye, we've got his patient, we've got the defendant,
3 we've got Officer Waddell. Was there anybody else inside
4 that room?
5 A. Yes, sir, there was two children.
6 Q. Okay. Was one of them Paramedic
7 Kolbye's patient?
8 A. Yes, sir.
9 Q. All right. Another child in addition
10 to that?
11 A. That's correct.
12 Q. Okay. Any other adults?
13 A. No, sir.
14 Q. Okay. Was there another male, the
15 defendant's husband?
16 A. Oh, yes, sir.
17 Q. Okay. Could you tell us, where was
18 the defendant's husband when you first saw him?
19 A. Walking towards me and my partner from
20 the child that was near the center of the room, or
21 thereabouts.
22 Q. Okay. The other child that's on the
23 other side of the room?
24 A. Yes, sir.
25 Q. And the defendant's husband is walking
Sandra M. Halsey, CSR, Official Court Reporter
1474

1 from the direction of that child over to where your
2 partner is working on the other child; is that right?
3 A. Yes, sir.
4 Q. Okay. Well, Paramedic Kolbye had the
5 one child he was working on, so what did you do?
6 A. I proceeded around him, he -- my
7 passage was blocked, and continued around past Officer
8 Waddell and Mrs. Routier to the second child.
9 Q. Okay. And, again, just looking at
10 State's Exhibit No. 10, let me just ask you: I'm
11 pointing to an area that says "second child." Does that
12 look like an accurate representation of where this second
13 child was right over here at this "X"?
14 A. Yes, sir.
15 Q. And do I understand you to say that
16 the defendant's husband was walking from that direction
17 toward the direction where your partner was working on
18 the other child?
19 A. That's correct.
20 Q. Okay. And, then did you take a direct
21 route from where you were over to this second child, or
22 did you have to go around to avoid Mr. Routier?
23 A. I had to go around to avoid Mr.
24 Routier.
25 Q. Okay. And if you don't mind, if you
Sandra M. Halsey, CSR, Official Court Reporter
1475

1 can just step down and just point for the members of the
2 jury the route that you took to get over to that second
3 child, please.
4 A. Okay.
5
6 (Whereupon, the witness
7 Stepped down from the
8 Witness stand, and
9 Approached the jury rail
10 And the proceedings were
11 Resumed as follows:)
12
13
14 BY MR. GREG DAVIS:
15 Q. And if you will, if you'll stand
16 around to the side so that all of the members of the jury
17 can see. Just point out for them where you were.
18 A. Okay. I came in this way.
19 Q. Okay. If you'll stand back just a
20 little more. Okay. Thank you.
21 A. Came around this way, around this
22 couch, into here.
23 Q. All right. Good enough. Thank you.