Volume 33

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. 33 OF 53 VOLS.
16 January 14, 1997
17 Tuesday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1584

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Tuesday, the 14th 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
1585

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
1586

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
1587

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
1588

1 P R O C E E D I N G S
2
3 January 14th, 1997
4 Tuesday
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 THE COURT: All right. Good morning,
20 ladies and gentlemen. Let the record reflect that these
21 proceedings are being held outside the presence of the
22 jury and all parties in the trial are present.
23 This is Tuesday, January 14th, 1997.
24 The Monday session of court was canceled due to the
25 inclement icy weather we had down here.
Sandra M. Halsey, CSR, Official Court Reporter
1589

1 All right. Are both sides ready?
2 MR. GREG DAVIS: Yes, sir, the State
3 is ready.
4 MR. DOUGLAS MULDER: Yes, sir, the
5 Defense is ready.
6 THE COURT: All right. If you will
7 raise your right hand, please, Officer.
8
9 (Whereupon, the witness
10 Was duly sworn by the
11 Court, to speak the truth,
12 The whole truth and
13 Nothing but the truth,
14 After which, the
15 Proceedings were
16 Resumed as follows:
17
18 THE COURT: Do you solemnly swear or
19 affirm that the testimony you are about to give will be
20 the truth, the whole truth, and nothing but the truth, so
21 help you God?
22 THE WITNESS: I do.
23 THE COURT: All right. You may have a
24 seat up there.
25 Officer, you're now under the Rule of
Sandra M. Halsey, CSR, Official Court Reporter
1590

1 Evidence. That simply means when you're not testifying
2 you have to remain outside the courtroom. Don't talk
3 about your testimony with anyone who has testified. In
4 other words, don't compare it.
5 You may talk to the attorneys for
6 either side. If someone tries to talk to you about your
7 testimony --
8 THE WITNESS: Yes, sir.
9 THE COURT: Please tell the attorney
10 from the side who called you.
11 Bring in the jury, please.
12
13 (Whereupon, the jury
14 Was returned to the
15 Courtroom, and the
16 Proceedings were
17 Resumed on the record,
18 In open court, in the
19 Presence and hearing
20 Of the defendant,
21 As follows:)
22
23 THE COURT: All right. Good morning,
24 ladies and gentlemen.
25 Let the record reflect that all
Sandra M. Halsey, CSR, Official Court Reporter
1591

1 parties in the trial are present and the jury is seated.
2 Ladies and gentlemen, this witness has
3 been sworn outside of your presence.
4 Mr. Davis.
5 MR. GREG DAVIS: Thank you, Judge.
6
7 Whereupon,
8
9 OFFICER DAVID MAYNE,
10
11 was called as a witness, for the State of Texas, having
12 been first duly sworn by the Court to speak the truth,
13 the whole truth, and nothing but the truth, testified in
14 open court, as follows:
15
16
17 DIRECT EXAMINATION
18
19 BY MR. GREG DAVIS:
20 Q. Sir, would you please tell us your
21 full name.
22 A. David Ray Mayne.
23 Q. And please spell your last name for
24 the Court Reporter.
25 A. Last name spelling is M-A-Y-N-E.
Sandra M. Halsey, CSR, Official Court Reporter
1592

1 Q. Sir, are you a Rowlett Police Officer?
2 A. Yes, sir.
3 Q. Okay. And how long have you been with
4 the Rowlett Police Department?
5 A. A little over 10 years.
6 Q. Are you assigned to any particular
7 section or division at this time?
8 A. I'm assigned to support service
9 division, which includes crime scene.
10 Q. What are your duties and
11 responsibilities in that section?
12 A. I collect evidence, photograph
13 different crime scenes, and also am the manager over the
14 evidence section.
15 Q. Okay. Did you have the same duties
16 and responsibilities back on June 6th, 1996?
17 A. Yes, sir, I did.
18 Q. Officer Mayne, let me ask you if at
19 approximately, sometime around 3:00 to 3:30 in the
20 morning, if you received a call to go up to the Rowlett
21 Police Station?
22 A. Yes, sir, on June 6, 1996.
23 Q. Right. Were you at home or were you
24 on duty at that time?
25 A. I was at home.
Sandra M. Halsey, CSR, Official Court Reporter
1593

1 Q. Do you recall about what time you got
2 up to the station?
3 A. Approximately 3:55 a.m.
4 Q. And what was the purpose of you going
5 up to the Rowlett Police Station?
6 A. To collect supplies, crime scene
7 supplies for a crime scene.
8 Q. All right. And about how long did it
9 take you to get all of those supplies and leave?
10 A. Approximately five minutes.
11 Q. Do you recall where the next place was
12 that you went after you left the station?
13 A. Yes, sir, Fire Station Number 2.
14 Q. And what was the purpose of you going
15 over there to the fire station?
16 A. To collect clothing from a victim and
17 also the defendant.
18 Q. Okay.
19
20 MR. GREG DAVIS: Would you mark this,
21 please.
22
23
24
25 (Whereupon, the following
Sandra M. Halsey, CSR, Official Court Reporter
1594

1 mentioned items were
2 marked for
3 identification only
4 after which time the
5 proceedings were
6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Officer Mayne, if you would, look at
12 what's been marked as State's Exhibit 23 and 23-A, and
13 tell me whether or not you recognize that to be some of
14 the clothing that you retrieved at the Rowlett fire
15 station that night?
16 A. Yes, sir, it is.
17 Q. All right. A pair of blue jeans and a
18 pair of underwear; is that right?
19 A. That's correct.
20 Q. Okay.
21
22 MR. GREG DAVIS: Your Honor, at this
23 time we'll offer State's Exhibit No. 23 and 23-A.
24 MR. RICHARD C. MOSTY: No objection.
25 THE COURT: All right. State's
Sandra M. Halsey, CSR, Official Court Reporter
1595

1 Exhibit 23 and 23-A are admitted.
2
3 (Whereupon, the items
4 Heretofore mentioned
5 Were received in evidence
6 As State's Exhibit No. 23
7 and 23-A for all purposes,
8 After which time, the
9 Proceedings were resumed
10 As follows:)
11
12 BY MR. GREG DAVIS:
13 Q. Officer Mayne, first looking at
14 State's Exhibit 23-A, is just a pair of underwear; is
15 that correct?
16 A. That's correct.
17 Q. And so you picked up the underwear,
18 and you also picked up a pair of blue jeans; is that
19 correct?
20 A. That's correct.
21 Q. And I believe you said in addition to
22 that you also picked up the shirt of the defendant?
23 A. That's correct.
24 Q. Okay. Officer Mayne, after you picked
25 up the clothing, where did you go next?
Sandra M. Halsey, CSR, Official Court Reporter
1596

1 A. I went to 5801 Eagle Drive.
2 Q. And about what time did you get to
3 that location?
4 A. Approximately 4:15 a.m.
5 Q. Okay. Did you go in the house, or
6 what did you do?
7 A. No, sir, I met with Sergeant David
8 Nabors and Sergeant Matt Walling.
9 Q. Okay. And let me ask you if sometime
10 shortly after you arrived, perhaps within a half an hour,
11 if you had occasion to meet with a Sergeant Tom Ward?
12 A. Yes, sir, I did.
13 Q. And where did you meet with Tom Ward?
14 A. I met Tom Ward approximately two
15 houses down in the alleyway from 5801 Eagle Drive.
16 Q. Okay. And at the time that you went
17 down there, did you photograph and did you retrieve a
18 certain piece of evidence?
19 A. Yes, sir. I photographed a white tube
20 sock that appeared to have blood on the sock and also
21 collected it.
22
23
24 (Whereupon, the following
25 mentioned item was
Sandra M. Halsey, CSR, Official Court Reporter
1597

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. GREG DAVIS:
11 Q. All right. Officer Mayne, let me show
12 you what's been marked as State's Exhibit 60. Do you
13 recognize that to be the tube sock that you retrieved on
14 June 6, 1996?
15 A. Yes, sir.
16 Q. The holes and the other defects that
17 we see in the sock, were they present at the time that
18 you retrieved this item?
19 A. No, sir.
20 Q. Okay. After you retrieved it, was it
21 placed in evidence for further analysis by other
22 individuals?
23 A. That's correct, it was.
24 Q. All right.
25
Sandra M. Halsey, CSR, Official Court Reporter
1598

1 MR. GREG DAVIS: Your Honor, at this
2 time we'll offer State's Exhibit No. 60.
3 MR. RICHARD C. MOSTY: No objection.
4 THE COURT: State's Exhibit No. 60 is
5 admitted.
6
7 (Whereupon, the item
8 Heretofore mentioned
9 Was received in evidence
10 As State's Exhibit No. 60
11 For all purposes,
12 After which time, the
13 Proceedings were resumed
14 As follows:)
15
16 BY MR. GREG DAVIS:
17 Q. Okay. Officer Mayne, you retrieved
18 the sock. Did you do any testing on the sock when you
19 retrieved it in the alley?
20 A. Yes, sir, I did. I did a presumptive
21 blood test on what appeared to be blood.
22 Q. Okay. And the purpose of that test is
23 to determine what?
24 A. If it was blood.
25 Q. All right. And what did it come back
Sandra M. Halsey, CSR, Official Court Reporter
1599

1 as?
2 A. It tested positive for some type of
3 blood.
4 Q. And I assume then after you had done
5 the presumptive test, is that when you placed it into
6 evidence for further analysis?
7 A. That's correct.
8 Q. Okay. After you had retrieved the
9 sock, and you had done the presumptive test on the sock,
10 what's the next thing that you did out at the scene?
11 A. I started photographing the exterior
12 of the house.
13 Q. Okay. Front and back?
14 A. That's correct.
15 Q. All right. And after you had finished
16 photographing, what's the next thing that you did?
17 A. I was advised that we were going to
18 get consent to enter the house, so -- and also a
19 consultant, James Cron, was called, and when he arrived
20 we met with him.
21 Q. Okay. So you met with James Cron.
22 Correct?
23 A. That's correct.
24 Q. Meeting with other officers outside
25 the house also?
Sandra M. Halsey, CSR, Official Court Reporter
1600

1 A. That's correct.
2 Q. Okay. And you're still outside the
3 house?
4 A. That's correct.
5 Q. Was there a taped off area outside of
6 the house also?
7 A. Yes, sir, there was. And also an
8 officer at the front door.
9 Q. Okay. When is the first time that you
10 entered the house?
11 A. Approximately 6:09 a.m.
12 Q. Okay. Did you go in there by
13 yourself, or did you go in with someone else?
14 A. I went in the house with Sergeant Matt
15 Walling and a neighbor of the residence, Karen Neal.
16 Q. All right. And just tell me where you
17 went inside the residence, where Sergeant Walling went,
18 and where Karen Neal went.
19 A. At the entrance inside the house,
20 there's a stairway. I walked up halfway of the stairs,
21 and Sergeant Walling and Karen Neal went to the top of
22 the stairs.
23 Q. Okay. Did you see what Karen Neal did
24 when she went up the stairs?
25 A. Yes, sir. She retrieved a small dog.
Sandra M. Halsey, CSR, Official Court Reporter
1601

1 Q. All right. And after she retrieved
2 the dog, what did she do?
3 A. She immediately walked down the stairs
4 and exited through the front door.
5 Q. Was Karen Neal in your sight the
6 entire time that she was inside that house?
7 A. Yes, sir.
8 Q. Approximately how long was she inside
9 the house?
10 A. Approximately two minutes.
11 Q. And what parts of the house was she in
12 when she went in there?
13 A. It would be the front entry, up the
14 stairs and at the top of the stairs.
15 Q. Did she do anything besides retrieve
16 the dog?
17 A. No, sir.
18 Q. You said that she left about two
19 minutes later; is that right?
20 A. Yes, sir.
21 Q. Did you and Sergeant Walling leave the
22 house?
23 A. No, sir.
24 Q. Okay. Did anyone else join you inside
25 the house?
Sandra M. Halsey, CSR, Official Court Reporter
1602

1 A. Yes, sir, James Cron and Sergeant
2 David Nabors.
3 Q. Okay. So, you're inside the house.
4 And is Sergeant Walling still in there?
5 A. Yes, sir.
6 Q. And James Cron, the consultant, came
7 in?
8 A. Yes, sir.
9 Q. Who else?
10 A. Sergeant David Nabors.
11 Q. So now there's four of you in there?
12 A. That's correct.
13 Q. And when you had been joined by James
14 Cron and David Nabors, what did you and Sergeant Walling
15 begin to do?
16 A. Sergeant Walling began taking us
17 through the house, a walk-through of the house of the
18 crime scene.
19 Q. All right. And do you remember what
20 part of the house that you went through during this
21 walk-through?
22 A. Yes, sir, the front entryway, down a
23 hallway into the family room, in the kitchen, to the
24 utility room, and to the garage area.
25 Q. Okay. And during the time that you're
Sandra M. Halsey, CSR, Official Court Reporter
1603

1 doing this walk-through with these other people, is any
2 evidence being collected at that time?
3 A. No, sir.
4 Q. Anything being touched?
5 A. No, sir.
6 Q. Anything being moved?
7 A. No sir.
8 Q. Okay. You've gone through the family
9 room, the kitchen, the utility room, back to the garage,
10 where do you go next?
11 A. We went in -- we came back through the
12 utility room, and to the kitchen, and then we exited
13 through the dining room to the utility room.
14 Q. Okay. Now, did all of you leave the
15 house at that point?
16 A. All except for me.
17 Q. All right. And why did you stay
18 behind?
19 A. I started photographing the scene.
20 Q. So, Sergeant Walling, James Cron and
21 David Nabors then left the house. Right?
22 A. Yes, sir.
23 Q. And you remained behind to take
24 photographs?
25 A. That's correct.
Sandra M. Halsey, CSR, Official Court Reporter
1604

1 Q. About how long did this walk-through
2 take place? I'm talking the four of you coming in,
3 walking through, before the other three left. About how
4 long did that take?
5 A. Approximately 20, 25 minutes, in that
6 area.
7 Q. And you started taking photographs.
8 Right?
9 A. That's correct.
10 Q. Of the interior rooms of the house?
11 A. Yes, sir.
12 Q. Did you take photographs in the family
13 room?
14 A. Yes, sir, I did.
15 Q. Did you take photographs in the
16 kitchen?
17 A. Yes, sir.
18 Q. Did you also take photographs in the
19 utility room?
20 A. That's correct.
21 Q. And did you take photographs of the
22 interior portion of the garage?
23 A. Yes, sir.
24 Q. Okay.
25
Sandra M. Halsey, CSR, Official Court Reporter
1605

1 (Whereupon, the following
2 mentioned items were
3 marked for
4 identification only
5 after which time the
6 proceedings were
7 resumed on the record
8 in open court, as
9 follows:)
10
11 BY MR. GREG DAVIS:
12 Q. Officer Mayne, if you would, let me
13 just open this up and ask you if you can identify State's
14 Exhibit 35 as being a true and correct floorplan of the
15 family room as it appeared on June 6, 1996? And if
16 photographs 35-A, 35-B, 35-C, 35-D, 35-E, 35-F, 35-G and
17 35-H are, in fact, photographs that you took of the
18 residence there on June 6th, 1996?
19 A. Yes, sir.
20 Q. Do they truly and accurately depict
21 the residence as it appeared that morning on June 6,
22 1996?
23 A. Yes, sir.
24 Q. Okay.
25
Sandra M. Halsey, CSR, Official Court Reporter
1606

1 MR. GREG DAVIS: Your Honor, at this
2 time we'll offer State's Exhibit 35 and the photographs
3 marked 35-A through 35-H inclusive.
4 MR. RICHARD C. MOSTY: No objection.
5 THE COURT: State's Exhibit 35, 35-A,
6 B, C, D, E, F, G and H are admitted.
7
8 (Whereupon, the items
9 Heretofore mentioned
10 Were received in evidence
11 As State's Exhibit No. 35, and
12 35-A through 35-H for all
13 Purposes, after which time, the
14 Proceedings were resumed
15 As follows:)
16
17 MR. GREG DAVIS: All right. If the
18 Officer could please step down, your Honor.
19 THE COURT: All right. Please watch
20 your step going off there.
21 THE WITNESS: Yes, sir.
22
23 (Whereupon, the witness
24 Stepped down from the
25 Witness stand, and
Sandra M. Halsey, CSR, Official Court Reporter
1607

1 Approached the jury rail
2 And the proceedings were
3 Resumed as follows:
4
5 MR. GREG DAVIS: Okay. If you will
6 step around to the side so all of the jurors can see the
7 exhibit.
8 THE COURT: All right. Yes, so they
9 can see.
10
11 BY MR. GREG DAVIS:
12 Q. Officer Mayne -- okay. Again, we're
13 looking at the floorplan of the den here; is that right?
14 A. That's correct.
15 Q. All right. And State's Exhibit 35-A
16 right here, what do we see in that photograph, sir?
17 A. We see a coffee table with a flower
18 arrangement that is turned over.
19 Q. All right. And that coffee table was
20 essentially there in the middle of the room. Right?
21 A. That's correct.
22 Q. Okay. 35-B. What do we see in that
23 photograph, sir?
24 A. We see blood on the carpet, and, okay.
25 It's in the area here. It would be the area to the
Sandra M. Halsey, CSR, Official Court Reporter
1608

1 hallway here to the entry to the kitchen.
2 Q. Okay. So this area in 35-B, if we
3 walk in, it's right to our left in that family room.
4 Right?
5 A. That's correct.
6 Q. Okay. 35-C up here, what portion of
7 the room are we looking at here?
8 A. We're looking at -- excuse me, the
9 couch here, and we see a blue blanket here. This is part
10 of the coffee table, and also a pillow right here.
11 Q. Okay. So, on the chart here -- and
12 we're looking at this couch that's on the what, the west
13 side of the room?
14 A. It --
15 Q. I believe that's the west.
16 A. That's correct, it is the west.
17 Q. And we see, in fact, a yellow pillow
18 here. In 35-C is the pillow that you found on the couch;
19 is that right?
20 A. That's correct.
21 Q. And there was a blue blanket. Was
22 there also a green blanket right next to it right here?
23 A. Yes, sir. You can't hardly see it but
24 there is a green blanket there.
25 Q. Okay. The corner of the coffee table.
Sandra M. Halsey, CSR, Official Court Reporter
1609

1 You've got, what, a maroon-colored pillow leaning up
2 against this couch; is that right?
3 A. Yes, sir, right here.
4 Q. State's Exhibit 35-D, is that a
5 close-up of the corner of the coffee table that we see in
6 35-C?
7 A. That's correct.
8 Q. Does there appear to be blood on the
9 corner of that coffee table?
10 A. Yes, sir, there is.
11 Q. Okay. State's Exhibit 35-E, again,
12 are we looking at the portion of the room that's going to
13 be in front of this couch on the west side of the room?
14 A. That's correct.
15 Q. And there's a large red area in that
16 photograph; is that correct?
17 A. That's correct. That's where the --
18 yes, sir. Beside the couch right here.
19 Q. Okay. And does that appear to be
20 blood?
21 A. Yes, sir, it is.
22 Q. Okay. I want to direct your attention
23 to the top portion of that photograph, and we see another
24 area right up in here next to the maroon pillow. Can you
25 tell us what that appeared to be when you looked at that
Sandra M. Halsey, CSR, Official Court Reporter
1610

1 that morning?
2 A. That is a small blood handprint.
3 Q. With fingers pointing toward the
4 pillow; is that right?
5 A. That's correct.
6 Q. State's Exhibit 35-E, are we looking
7 between the two couches at this point?
8 A. Yes, sir, we are.
9 Q. And as you looked at the armrest, did
10 there appear to be blood on the armrest of the couches?
11 A. Yes, sir, there is.
12 Q. And 35-G, are we now looking from
13 behind the couch on the north end of the room?
14 A. Yes, we are.
15 Q. And does there appear to be blood
16 along the armrest of that couch also leading back?
17 A. Yes, sir, there is.
18 Q. State's Exhibit 35-H. Is that a
19 photograph of the couch on the north side of the room?
20 A. Yes, sir, it is.
21 Q. It shows a portion of the maroon
22 pillow, and then other pillows that you found on the
23 couch; is that right?
24 A. That's correct.
25 Q. Now, Officer, I believe you testified
Sandra M. Halsey, CSR, Official Court Reporter
1611

1 that you also photographed the kitchen, is that correct?
2 A. That's correct.
3 Q. Okay.
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. If you will please look at State's
19 Exhibit No. 36, 36-A, 36-B, 36-C, D, E, F and G. And let
20 me ask you if 36 is, in fact, an accurate floorplan or
21 depiction of the kitchen as it appeared that morning on
22 June 6, 1996. And if photographs marked as State's
23 Exhibits 36-A through 36-G are, in fact, true and
24 accurate depictions of the kitchen as it appeared to you
25 on June 6, 1996?
Sandra M. Halsey, CSR, Official Court Reporter
1612

1 A. Yes, sir, it is.
2 Q. And those are, in fact, photographs
3 that you took of the kitchen area; is that right?
4 A. That's correct.
5
6 MR. GREG DAVIS: Your Honor, at this
7 time we'll offer State's Exhibit 36, and the photographs
8 that have been marked 36-A through 36-G inclusive.
9 MR. RICHARD C. MOSTY: No objection.
10 THE COURT: State's Exhibits 36, 36-A,
11 B, C, D, E, F and G are admitted.
12
13 (Whereupon, the items
14 Heretofore mentioned
15 Were received in evidence
16 As State's Exhibit No. 36,
17 and 36-A through 36-G for all
18 Purposes, After which time,
19 The proceedings were resumed
20 As follows:)
21
22 BY MR. GREG DAVIS:
23 Q. Officer, as we look through -- first
24 of all, if we're looking at --
25
Sandra M. Halsey, CSR, Official Court Reporter
1613

1 (Whereupon, the witness
2 stepped down from the
3 witness box, and approached
4 the jury rail, for the
5 purpose of further describing
6 the exhibit to the jury.)
7
8 THE COURT: Better lean over a little
9 bit.
10 Mr. Mosty, can you see that over
11 there?
12 MR. RICHARD C. MOSTY: Yes, sir.
13 THE COURT: Okay. Good.
14 Can the jury see that? Okay. Good.
15
16 BY MR. GREG DAVIS:
17 Q. As we look at this diagram, the left
18 portion, if we were to walk out the left portion, would
19 we be walking into the family room that we just looked
20 at?
21 A. Yes, sir.
22 Q. All right. So the left portion of the
23 kitchen then faces to the family room; is that right?
24 A. That's correct.
25 Q. The right portion, does that lead back
Sandra M. Halsey, CSR, Official Court Reporter
1614

1 here to the utility room?
2 A. That's correct.
3 Q. Do we see a green object here? What
4 is that?
5 A. That's a green rug.
6 Q. Okay. We see the kitchen sink here?
7 A. Yes, sir.
8 Q. And pointing to another area, is that
9 the range?
10 A. Yes, sir.
11 Q. The refrigerator, the black object
12 here?
13 A. Yes, sir.
14 Q. Two rectangular areas, are those also
15 rugs?
16 A. Yes, sir, it is.
17 Q. Okay. We've got another circle with a
18 line through it with some bottles. Was there a wine rack
19 located in the kitchen in that area?
20 A. Yes, sir, it was.
21 Q. And we have another circular area.
22 Was this a trash can that was located in that portion of
23 the kitchen?
24 A. Yes, sir, it was.
25 Q. And we've got another white rectangle.
Sandra M. Halsey, CSR, Official Court Reporter
1615

1 Was that an island?
2 A. The counter, yes, sir.
3 Q. Okay. If we can, we'll start here at
4 State's Exhibit 35-A. Tell us what we see in that
5 photograph.
6 A. It's the end portion of the bar with a
7 white-handled butcher knife with blood on it.
8 Q. Okay. So, we're looking at the end of
9 this counter right here. Right?
10 A. That's correct.
11 Q. And we see here a knife with a handle
12 pointed toward the kitchen area. Correct?
13 A. That's correct.
14 Q. And the knife had blood on the --
15 A. On the blade and the handle.
16 Q. Okay. Was there also any blood that
17 you could see up here on the counter?
18 A. Yes, sir. There was some cast-off
19 type blood on the counter, and also blood drops.
20 Q. Okay. Now, State's Exhibit 36-B, is
21 this a photograph of the same area with the knife now
22 gone?
23 A. That's correct.
24 Q. Okay. And did you, yourself, retrieve
25 that knife and take it off of the counter?
Sandra M. Halsey, CSR, Official Court Reporter
1616

1 A. Yes, sir, I did.
2 Q. And when the knife was removed, could
3 you still see blood present on this counter area?
4 A. Yes, sir, you could.
5 Q. And is that depicted in State's
6 Exhibit 36-B?
7 A. Yes, sir.
8 Q. If you could now let's look at State's
9 Exhibits 36-C and 36-D. Do we see the wine rack?
10 A. Yes, sir, we do.
11 Q. And again, that's going to be located
12 as you come in through the family room, right in this
13 area. Right?
14 A. Yes, sir
15
16 MR. RICHARD C. MOSTY: Your Honor, we
17 are going to have to object to the continuous leading.
18 THE COURT: Well, let's phrase the
19 questions properly. Sustain the objection.
20
21 BY MR. GREG DAVIS:
22 Q. All right. What are State's Exhibits
23 36-C and 36-D?
24 A. It is a tall wine rack leading into
25 the kitchen from the family room, and you can see a wine
Sandra M. Halsey, CSR, Official Court Reporter
1617

1 bottle here that is partially turned over. And you can
2 also see broken glass on the linoleum tile here.
3 Q. Okay. Let me ask you, so that all of
4 the jurors can see, am I pointing at the bottle that
5 you've just indicated as being turned over?
6 A. Yes, sir.
7 Q. Okay. And you had also indicated a
8 portion of a part of glass on the floor. Am I now
9 pointing at a portion of that?
10 A. Yes, sir.
11 Q. And am I also pointing to another
12 portion that you saw there that morning?
13 A. Yes, sir. There's also blood drops
14 leading from in between here and the family room on the
15 linoleum.
16 Q. Okay. And you're pointing to State's
17 Exhibit 36-D; is that right?
18 A. That's correct.
19 Q. As you looked at State's Exhibit 36-C,
20 can you see anymore blood on the floor in that
21 photograph?
22 A. Yes, sir. You can see the blood drops
23 leading on the right side of the island here on the
24 linoleum tile.
25 Q. Okay. Looking at the wine rack here
Sandra M. Halsey, CSR, Official Court Reporter
1618

1 in 36-D, you had mentioned the broken glass on the floor,
2 did you notice any items on this wine rack that were
3 broken?
4 A. No, sir.
5 Q. Now, State's Exhibit No. 36-C. What
6 do we look at in this photograph?
7 A. This is an area of the counter where
8 the range is. And there's a knife block with knives in
9 it. And it's a nine-hole knife block, and there's only
10 eight knives in the knife block.
11 Q. Okay. And that was located next to
12 the range?
13 A. That's correct.
14 Q. And State's Exhibit No. 36-F, what are
15 we seeing there?
16 A. This is leading into the utility room
17 here from the kitchen, and here is the range, here is an
18 island here, and you see blood drops here on the linoleum
19 tile.
20 Q. Okay. So, we -- do we see a part of
21 the utility room here?
22 A. Yes, sir.
23 Q. And did I understand you to say
24 there's blood drops in this portion that I'm pointing to
25 in State's Exhibit 36-F?
Sandra M. Halsey, CSR, Official Court Reporter
1619

1 A. Yes, sir.
2 Q. And is the range shown on the left
3 hand part of the photograph?
4 A. Yes, sir, it is.
5 Q. And State's Exhibit 36-G. If you
6 would just take this pointer, and just show us what we
7 see in State's Exhibit 36-G?
8 A. Okay. Here's the kitchen sink right
9 here, and you can see the blood right here at the kitchen
10 sink. You can see blood right here. Here's a green rug
11 here, which is going to be this rug right here. And you
12 can see a vacuum cleaner that's on its top here, right
13 here, lying down, and you can see the blood right in
14 here.
15 Q. Okay. This vacuum cleaner that we see
16 there in the photograph, did any -- did you or any other
17 police officer place it in this position?
18 A. No, sir.
19 Q. Okay. Tell the members of the jury
20 how this vacuum cleaner was positioned the very first
21 time that you saw it?
22 A. It was positioned as you see it here,
23 lying down on its -- I call it its top. The wheels are
24 up and, --
25 Q. Okay. The kitchen sink on the
Sandra M. Halsey, CSR, Official Court Reporter
1620

1 right-hand part of the photograph?
2 A. Yes, sir.
3 Q. Okay. Where would the family room be
4 in relation to State's Exhibit 36-G?
5 A. Okay. The family room, you can see
6 this area right here. The bar would be up here, and the
7 family room would be right up here.
8 Q. Okay. Officer Mayne, did I understand
9 you to say that you also photographed the utility room?
10 A. Yes, sir.
11 Q. Okay.
12
13
14 (Whereupon, the following
15 mentioned item was
16 marked for
17 identification only
18 after which time the
19 proceedings were
20 resumed on the record
21 in open court, as
22 follows:)
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1621

1 BY MR. GREG DAVIS:
2 Q. If you would, if you'll look at what's
3 been marked as State's Exhibits 38-A, 38-B, 38-C and
4 38-D. Do these photographs truly and accurately depict
5 the utility room as it appeared on June 6th, 1996?
6 A. Yes, sir.
7 Q. These are photographs that you took
8 that morning?
9 A. Yes, sir.
10
11 MR. GREG DAVIS: Your Honor, at this
12 time we'll offer State's Exhibits 38-A, B, C and D.
13 MR. RICHARD C. MOSTY: No objection.
14 THE COURT: All right. State's
15 Exhibit 38-A, B, C and D are admitted.
16 MR. GREG DAVIS: Okay.
17
18 (Whereupon, the items
19 Heretofore mentioned
20 Were received in evidence
21 As State's Exhibit No. 38-A
22 through 38-D for all purposes,
23 After which time, the
24 Proceedings were resumed
25 As follows:)
Sandra M. Halsey, CSR, Official Court Reporter
1622

1
2 BY MR. GREG DAVIS:
3 Q. Officer, if we could go through these
4 four photographs. And if you will step back so all the
5 jurors can see here.
6 State's Exhibit 38-A. What are we
7 looking at there?
8 A. We're looking at the utility room
9 area. You can see blood drops right here, and a small
10 child's cap right here.
11 Q. Okay. Did there appear to be any
12 blood on this cap?
13 A. No, sir.
14 Q. Okay. 38-B, is this another closer
15 image of the same ball cap?
16 A. Yes, sir, it is. You can see the
17 blood drops here, but one thing that I don't see in it is
18 cast-off type blood. It's just, you know, large blood
19 drops.
20 Q. Okay. State's Exhibit 38-C. What do
21 we see here?
22 A. This type of blood on the door,
23 transfer-type blood where somebody might have touched the
24 door.
25 Q. Which door are we looking at here, in
Sandra M. Halsey, CSR, Official Court Reporter
1623

1 38-C?
2 A. This door leads into the garage area
3 from the utility room.
4 Q. And finally, State's Exhibit 38-D.
5 What are we looking at here?
6 A. Looking at the linoleum flooring going
7 into the garage, interior of the garage.
8 Q. And do we see in 38-D the same door
9 that's shown in 38-C?
10 A. Yes, sir.
11 Q. And it's on the left-hand portion of
12 the photograph?
13 A. Yes, sir.
14 Q. And did I understand you to say the
15 top portion of this photograph would then lead into the
16 garage?
17 A. Yes, sir.
18 Q. Okay. Officer Mayne, did you also
19 take photographs of the garage?
20 A. Yes, sir, I did.
21 Q. Okay.
22
23
24
25 (Whereupon, the following
Sandra M. Halsey, CSR, Official Court Reporter
1624

1 mentioned item was
2 marked for
3 identification only
4 after which time the
5 proceedings were
6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Sir, if you would, looking at State's
12 Exhibit Number 40, 40-A and 40-B. First of all, State's
13 Exhibit 40, is that an accurate diagram of the way the
14 garage appeared on June 6, 1996?
15 A. Yes, sir.
16 Q. State's Exhibits 40-A and 40-B. Do
17 those photographs truly and accurately depict the garage
18 as it appeared during the morning hours of June 6, 1996?
19 A. Yes, sir.
20 Q. Okay.
21
22 MR. GREG DAVIS: Your Honor, at this
23 time we would offer State's Exhibits 40, 40-A and 40-B.
24 MR. RICHARD C. MOSTY: No objection.
25 THE COURT: All right. State's
Sandra M. Halsey, CSR, Official Court Reporter
1625

1 Exhibits 40, 40-A and B are admitted.
2
3 (Whereupon, the items
4 Heretofore mentioned
5 Were received in evidence
6 As State's Exhibit No. 40 and
7 40-A and 40-B for all purposes,
8 After which time, the
9 Proceedings were resumed
10 As follows:)
11
12 BY MR. GREG DAVIS:
13 Q. Just so we can orient the jury. On
14 State's Exhibit 40, do we see a portion of the kitchen in
15 that diagram, sir?
16 A. Yes, sir, right here.
17 Q. And do we see the doorway that would
18 lead from the utility room into the garage?
19 A. Yes, sir, it's right here.
20 Q. And we have a white rectangle in the
21 garage. What does that represent?
22 A. It's a freezer/refrigerator.
23 Q. All right. If we could, looking first
24 at State's Exhibit 40-A. What part of the garage are we
25 looking at there?
Sandra M. Halsey, CSR, Official Court Reporter
1626

1 A. We're looking at --
2 Q. If you need to, why don't you just
3 take this.
4 A. Yes, sir. We're looking at this area
5 here, it would be this area up here, through here. It's
6 the overhead garage door.
7 Q. Okay. Overall condition of the garage
8 that morning?
9 A. Boxes, bikes, just a normal garage.
10 Q. Okay. State's Exhibit 40-B. What are
11 we looking at there, sir?
12 A. We're looking from down here, this
13 would be the door leading from the utility room. This is
14 the wall here, and this is the area to the window that I
15 was told that the suspect entered and exited.
16 Q. All right. The top portion of the
17 photograph, does it show the window that you believed, or
18 were told to be the point of entry?
19 A. Yes, sir.
20 Q. Was there anything still on that
21 window?
22 A. Yes, sir. The screen was on the
23 window.
24 Q. Okay. Can we see the screen in the
25 photograph?
Sandra M. Halsey, CSR, Official Court Reporter
1627

1 A. Yes, sir. You can see it with the cut
2 in the window screen.
3 Q. All right. This wooden object with
4 the wire next to it, what is that?
5 A. That's some type of animal cage.
6 Q. Okay. Were there any animals in this
7 cage?
8 A. No, sir.
9 Q. What's in the cage then?
10 A. It looks like some type of litter, cat
11 litter box maybe, and just bowls for animals, eating and
12 drinking.
13 Q. Beside them to the left of the window?
14 A. That's a carrying case for an animal.
15 Q. Okay.
16 A. And we've also got a trash can here,
17 and some shoes here. In this area here, I determined
18 that it was some type of liquid Kool-aid, maybe some type
19 of --
20 Q. Okay. You talked about a presumptive
21 test for blood on the sock. Did you do a presumptive
22 test for the area that is shown here on State's Exhibit
23 40-B?
24 A. No, sir, I did not.
25 Q. Was it later -- did someone else do
Sandra M. Halsey, CSR, Official Court Reporter
1628

1 some analysis on that?
2 A. Yes, sir. And also, you can see a
3 trash can here, and this would be the
4 refrigerator/freezer right here.
5 Q. Okay. Directing your attention back
6 to the window, was the window open or closed when you
7 first saw it?
8 A. It was open.
9 Q. Okay. Before you photographed this
10 window, sir, did you change the position of the window in
11 any way?
12 A. No, sir, I did not.
13 Q. How about the screen? Did you touch
14 the screen or reposition it in any way before
15 photographing it here in State's Exhibit 40-B?
16 A. No, sir. Also in here, we searched
17 for blood on any of these items on the windowsill, and we
18 could not locate any blood.
19
20 MR. GREG DAVIS: Why don't you go back
21 up to your seat.
22
23 (Whereupon, the witness
24 Resumed the witness
25 Stand, and the
Sandra M. Halsey, CSR, Official Court Reporter
1629

1 Proceedings were resumed
2 On the record, as
3 Follows:)
4
5 BY MR. GREG DAVIS:
6 Q. Officer Mayne, after you photographed
7 the portions of the house that we have just seen, what's
8 the next thing that you did?
9 A. Waited on the Medical Examiner field
10 agent.
11 Q. All right. And do you know about what
12 time the medical examiner came into the house?
13 A. Yes, sir, approximately 6:55 a.m.
14 Q. All right. And what did you do when
15 the medical examiner came in?
16 A. I met with her and we proceeded to go
17 to where the body was in the family room.
18 Q. Okay. And what did you do then?
19 A. She uncovered the body and I began
20 taking photographs of the body.
21 Q. Okay. Of the child that was still in
22 the room?
23 A. That's correct.
24 Q. Now, would you mind telling us then,
25 what's the next thing that you did after you finished
Sandra M. Halsey, CSR, Official Court Reporter
1630

1 taking photographs of the other child?
2 A. After we took the photographs, the
3 body was removed from the area, and I began collecting
4 evidence.
5 Q. Okay. You had indicated that the
6 medical examiner's field agent came in. Anybody else
7 come into the house before you began collecting evidence?
8 A. Yes, sir.
9 Q. Okay. Who came in?
10 A. Sergeant David Nabors.
11 Q. All right. And was he your
12 supervisor?
13 A. Yes, sir, he was.
14 Q. Anybody else come in?
15 A. I think James Cron was in there.
16 Q. Had you dealt with James Cron before?
17 A. Yes, sir.
18 Q. Did you know who he was?
19 A. Yes, sir, I did.
20 Q. And when you began to collect
21 evidence, tell us, what's the first thing that you did in
22 collecting evidence in that house?
23 A. I began collecting hair, fiber samples
24 from the area where the body was removed.
25 Q. Okay. Are you talking about the body
Sandra M. Halsey, CSR, Official Court Reporter
1631

1 that you saw being removed?
2 A. That's correct. The one the medical
3 examiner field agent removed.
4 Q. Okay. So you collected hair. How did
5 you do that?
6 A. I collected it by using plastic
7 tweezers.
8 Q. Okay. And did you do any analysis on
9 that hair?
10 A. No, sir, I did not.
11 Q. What did you do with it?
12 A. I collected it and preserved it for
13 further examination.
14 Q. Okay. Did you put it into evidence
15 then?
16 A. Yes, I did.
17 Q. Okay. So, you collected the hair.
18 What's the next thing that you did?
19 A. I collected the blue and green blanket
20 from the family room area.
21 Q. Okay. And were those the blankets
22 that we saw on the photograph next to the couch?
23 A. Yes, sir, they were.
24 Q. Okay.
25
Sandra M. Halsey, CSR, Official Court Reporter
1632

1
2 (Whereupon, the following
3 mentioned item was
4 marked for
5 identification only
6 after which time the
7 proceedings were
8 resumed on the record
9 in open court, as
10 follows:)
11
12
13 BY MR. GREG DAVIS:
14 Q. Officer Mayne, let me show you what's
15 been marked as State's Exhibit 62. Do you recognize
16 that, sir?
17 A. Yes, sir, I do.
18 Q. Okay. And what is that?
19 A. That's the blue blanket that I removed
20 from the family room.
21 Q. Okay. Did you place it into evidence
22 that day?
23 A. Yes, sir, I did.
24 Q. Did you do any analysis on the blanket
25 yourself?
Sandra M. Halsey, CSR, Official Court Reporter
1633

1 A. No, sir.
2
3 MR. GREG DAVIS: Your Honor, at this
4 time we'll offer State's Exhibit 62.
5 MR. RICHARD C. MOSTY: No objection.
6 THE COURT: State's Exhibit 62 is
7 admitted.
8
9 (Whereupon, the item
10 Heretofore mentioned
11 Was received in evidence
12 As State's Exhibit No. 62
13 For all purposes,
14 After which time, the
15 Proceedings were resumed
16 As follows:)
17
18 BY MR. GREG DAVIS:
19 Q. And again, where did you find this
20 item No. 62?
21 A. I found it beside the couch in the
22 family room.
23 Q. Okay.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1634

1 (Whereupon, the following
2 mentioned item was
3 marked for
4 identification only
5 after which time the
6 proceedings were
7 resumed on the record
8 in open court, as
9 follows:)
10
11 BY MR. GREG DAVIS:
12 Q. Officer Mayne, let me show you what's
13 been marked as State's Exhibit 61. Do you recognize
14 that, sir?
15 A. Yes, sir, I do.
16 Q. What is that?
17 A. That's the green blanket that I
18 removed from the family room beside the couch.
19 Q. Okay. And did you also place this
20 into evidence?
21 A. Yes, sir, I did.
22 Q. Did you do any analysis on this
23 blanket yourself?
24 A. No, sir, I did not.
25
Sandra M. Halsey, CSR, Official Court Reporter
1635

1 MR. GREG DAVIS: Your Honor, at this
2 time we'll offer State's Exhibit 61
3 MR. RICHARD C. MOSTY: No objection.
4 THE COURT: State's Exhibit 61 is
5 admitted.
6
7 (Whereupon, the item
8 Heretofore mentioned
9 Was received in evidence
10 As State's Exhibit No. 61
11 For all purposes,
12 After which time, the
13 Proceedings were resumed
14 As follows:)
15
16 BY MR. GREG DAVIS:
17 Q. Let me ask you, Officer Mayne, when
18 you were collecting these two blankets, did you notice
19 whether or not you could see any blood on those two
20 blankets?
21 A. Yes, sir. There was some type of
22 blood on the blankets.
23 Q. Now, after you had collected the blue
24 and the green blanket, what's the next thing that you
25 did?
Sandra M. Halsey, CSR, Official Court Reporter
1636

1 A. I collected a plaid cloth that was
2 bloody on the carpet runner between the loveseat and the
3 bar in the family room. And also collected two rags in
4 the hallway beside the bathroom door.
5 Q. Okay. Let me also ask you if at some
6 later date whether or not you retrieved any evidence from
7 the front porch of the house?
8 A. Yes, sir, I did.
9 Q. And what evidence did you retrieve out
10 there?
11 A. A white rag that was bloody on the
12 front porch.
13 Q. Okay.
14
15 (Whereupon, the following
16 mentioned item was
17 marked for
18 identification only
19 after which time the
20 proceedings were
21 resumed on the record
22 in open court, as
23 follows:)
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1637

1 BY MR. GREG DAVIS:
2 Q. Sir, if you would, if you would look
3 at State's Exhibit 66. Do you recognize that?
4 A. Yes, sir.
5 Q. Okay. What is State's Exhibit No. 66?
6 A. The white rag that was on the front
7 porch.
8 Q. Did you retrieve that?
9 A. Yes, sir, I did.
10 Q. And did you place that into evidence
11 also?
12 A. Yes, sir.
13 Q. Did you do any analysis on that rag
14 yourself?
15 A. No, sir.
16 Q. All right.
17
18 MR. GREG DAVIS: Your Honor, at this
19 time we'll offer State's Exhibit 66.
20 MR. RICHARD C. MOSTY: No objection.
21 THE COURT: State's Exhibit 66 is
22 admitted.
23
24 (Whereupon, the item
25 Heretofore mentioned
Sandra M. Halsey, CSR, Official Court Reporter
1638

1 Was received in evidence
2 As State's Exhibit No. 66
3 For all purposes,
4 After which time, the
5 Proceedings were resumed
6 As follows:)
7
8 MR. RICHARD C. MOSTY: Just for
9 clarification, we're going to need the bags with these.
10 MR. GREG DAVIS: Right.
11 MR. RICHARD C. MOSTY: So we can
12 identify them.
13 MR. GREG DAVIS: Right.
14
15
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
1639

1
2 BY MR. GREG DAVIS:
3 Q. Officer Mayne, would you please look
4 at State's Exhibits 64 and 65, and tell me whether or not
5 you recognize those two items, sir?
6 A. Yes, sir, I do.
7 Q. Okay. And what are they?
8 A. The rags I found in the hallway.
9 Q. Okay. And, did you place them into
10 evidence?
11 A. Yes, sir, I did.
12 Q. Did you do any analysis on them
13 yourself?
14 A. No, sir.
15 Q. Okay.
16
17 MR. GREG DAVIS: Your Honor, at this
18 time we'll offer State's Exhibit 64 and 65.
19 MR. RICHARD C. MOSTY: No objection.
20 THE COURT: State's Exhibit 64 and 65
21 are admitted.
22
23 (Whereupon, the items
24 Heretofore mentioned
25 Were received in evidence
Sandra M. Halsey, CSR, Official Court Reporter
1640

1 As State's Exhibit No. 64
2 and No. 65 for all purposes,
3 After which time, the
4 Proceedings were resumed
5 As follows:)
6
7 BY MR. GREG DAVIS:
8 Q. All right. You've collected the
9 washcloths now. Please tell us the next thing that you
10 did inside the house.
11 A. I collected the white butcher knife
12 that was on the bar and also the butcher block.
13 Q. Okay. And before you collected those
14 two items, sir, did you photograph them?
15 A. Yes, sir, I did.
16 Q. Okay.
17
18
19 (Whereupon, the following
20 mentioned items were
21 marked for
22 identification only
23 after which time the
24 proceedings were
25 resumed on the record
Sandra M. Halsey, CSR, Official Court Reporter
1641

1 in open court, as
2 follows:)
3
4
5 BY MR. GREG DAVIS:
6 Q. Officer Mayne, if you will look,
7 please, at State's Exhibit 37-A and 37-B. First, does
8 37-A truly and accurately depict the knife as it appeared
9 on June 6, 1996? And does State's Exhibit 37-B truly and
10 accurately depict the butcher block with the eight knives
11 as it appeared on June 6, 1996?
12 A. Yes, sir, it does.
13
14 MR. GREG DAVIS: Your Honor, at this
15 time we'll offer State's Exhibits 37-A and 37-B.
16 MR. RICHARD C. MOSTY: No objection.
17 THE COURT: State's Exhibit 37-A and B
18 are admitted.
19
20 (Whereupon, the items
21 Heretofore mentioned
22 Were received in evidence
23 As State's Exhibit No. 37-A
24 and 37-B for all purposes,
25 After which time, the
Sandra M. Halsey, CSR, Official Court Reporter
1642

1 Proceedings were resumed
2 As follows:)
3
4
5 BY MR. GREG DAVIS:
6 Q. Again, just very briefly, 37-A shows
7 the knife on the bar; is that right?
8 A. That's correct.
9 Q. 37-B, that shows the butcher block
10 with the knives?
11 A. Yes, sir, it does.
12 Q. Okay. Was there one of the slots
13 still open and empty on the butcher block?
14 A. Yes, sir, it was.
15 Q. Okay.
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
1643

1
2 BY MR. GREG DAVIS:
3 Q. Officer Mayne, if you will, please,
4 look at State's Exhibit 67, and tell me whether or not
5 you recognize that.
6 A. Yes, sir, I do.
7 Q. Okay. What is State's Exhibit No. 67?
8 A. That's the knife that I located on the
9 bar.
10 Q. Okay. Is that the same knife that is
11 shown here in State's Exhibit Number 37-A?
12 A. Yes, sir, it is.
13 Q. Okay. When you retrieved State's
14 Exhibit 67, did you place it directly into evidence, or
15 what did you do with it?
16 A. I put it in a paper bag and secured
17 it.
18 Q. Okay. Did you later give it to
19 someone?
20 A. Yes, sir, I did. I gave it to Charlie
21 Linch, which is with Southwestern Forensic Science in
22 Dallas County.
23
24 MR. GREG DAVIS: Your Honor, at this
25 time we'll offer State's Exhibit 67.
Sandra M. Halsey, CSR, Official Court Reporter
1644

1 MR. RICHARD C. MOSTY: No objection.
2 THE COURT: State's Exhibit 67 is
3 admitted.
4
5 (Whereupon, the item
6 Heretofore mentioned
7 Was received in evidence
8 As State's Exhibit No. 67
9 For all purposes,
10 After which time, the
11 Proceedings were resumed
12 As follows:)
13
14 MR. GREG DAVIS: Would you mark this,
15 please.
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
1645

1
2 BY MR. GREG DAVIS:
3 Q. Officer Mayne, let me show you what's
4 been marked for identification purposes as State's
5 Exhibit 67-A (sic).
6 A. Yes, sir.
7 Q. Do you recognize that?
8 A. It says 68.
9 Q. I'm sorry, 68.
10 A. Yes, sir.
11 Q. Do you recognize that?
12 A. Yes, sir.
13 Q. Okay. Is this the butcher block that
14 is shown in State's Exhibit 37-B?
15 A. Yes, sir, it is.
16 Q. Okay. Is there a certain amount of
17 writing on the outside of this, sir?
18 A. Yes, sir, there is.
19 Q. Okay. Was that done after it was
20 retrieved by you?
21 A. That was after.
22 Q. Okay. Was there any writing on the
23 outside of it at the time that you retrieved it?
24 A. No, sir, there was not.
25
Sandra M. Halsey, CSR, Official Court Reporter
1646

1 MR. GREG DAVIS: Your Honor, at this
2 time we'll offer State's Exhibit 68.
3 MR. RICHARD C. MOSTY: No objection.
4 THE COURT: State's Exhibit 68 is
5 admitted.
6
7 (Whereupon, the item
8 Heretofore mentioned
9 Was received in evidence
10 As State's Exhibit No. 68
11 For all purposes,
12 After which time, the
13 Proceedings were resumed
14 As follows:)
15
16
17 (Whereupon, the following
18 mentioned items were
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
1647

1
2 BY MR. GREG DAVIS:
3 Q. Sir, now, if you'll look, please, at
4 State's Exhibit 68-D, 68-E, 68-G, 68-F, 68-C, 68-B, 68-A,
5 and 68-H. Do you recognize these eight knives that I
6 have placed before you, sir?
7 A. Yes, sir.
8 Q. Are they the knives that you found in
9 the butcher block, State's Exhibit 68 on June 6, 1996,
10 sir?
11 A. Yes, sir.
12
13 MR. GREG DAVIS: Your Honor, at this
14 time we will offer State's Exhibit 68-A, B, C, D, E, F, G
15 and H.<