Volume 36

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. 36 OF 53 VOLS.
16 January 17, 1997
17 Friday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2501

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Friday, the 17th 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
2502

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
2503

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
2504

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
2505

1 P R O C E E D I N G S
2
3 January 17th, 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 THE COURT: All right. Are both sides
20 ready?
21 MR. GREG DAVIS: Yes, sir, the State
22 is ready.
23 MR. DOUGLAS MULDER: The Defense is
24 ready.
25 THE COURT: All right. If you will
Sandra M. Halsey, CSR, Official Court Reporter
2506

1 call your first witness.
2 Let the record reflect that all the
3 parties in the trial are present.
4 Will you raise your right hand please,
5 ma'am.
6
7 (Whereupon, the

8 Witness was duly
9 Sworn to speak
10 The truth, and
11 Nothing but the
12 Truth, and the
13 Proceedings were
14 Resumed on the

15 Record, as follows:)
16
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: Yes, I do.
23 THE COURT: Okay. You are under the
24 Rule of Evidence, which simply means when you are not

25 testifying you have to remain outside the Courtroom.
Sandra M. Halsey, CSR, Official Court Reporter
2507

1 Don't talk about your testimony to
2 anybody who has testified, in other words, don't compare.
3 You may talk to the attorneys for either side. If
4 someone tries to talk to you about your testimony, please
5 tell the attorney for the side that called you. Please
6 speak right into that mike.
7 THE WITNESS: Okay.
8 THE COURT: Go ahead.
9 MR. JOHN HAGLER: Your Honor, we have
10 one matter about the last witness we talked to you about.
11 You said you would allow us to make the objection after
12 she had testified.
13 THE COURT: Oh, yes, okay.
14 MR. JOHN HAGLER: And, at this point,
15 we would object to the admission of the evidence of the
16 testimony regarding the defendant's alleged statement

17 that she was in need of $10,000. And our objection to
18 that point was prior to that offer and the admission in
19 evidence of that testimony, and that objection was that
20 it was irrelevant and confusing and misleading to the
21 jury.

22 And, as I recall, the Court overruled
23 that objection and allowed us to make the objection at
24 this time.
25 THE COURT: Overruled.
Sandra M. Halsey, CSR, Official Court Reporter

2508

1 MR. JOHN HAGLER: And furthermore, we
2 would submit that even if relevant, the prejudicial
3 effect would vastly outweigh any probative value.
4 THE COURT: All right. Overruled.
5 MR. JOHN HAGLER: Note our exception.
6 THE COURT: Go ahead. Let's get
7 started with this. Mr. Shook.
8
9 Whereupon,
10
11 BARBARA JOVELL,
12
13 Was called as a witness, for the State of Texas, having
14 been first duly sworn to speak the truth, the whole

15 truth, and nothing but the truth, testified in open
16 court, as follows:
17
18 (OUTSIDE THE PRESENCE OF THE JURY)
19
20 DIRECT EXAMINATION
21
22 BY MR. TOBY L. SHOOK:
23 Q. State your name, please.

24 A. My name is Barbara Jovell,
25 J-o-v-e-l-l.
Sandra M. Halsey, CSR, Official Court Reporter
2509

1 Q. Ms. Jovell, do you know a woman by the
2 name of Darlie Routier?
3 A. Yes, I do.
4 Q. How long have you known her?
5 A. I have known her since about '87.
6 Q. Okay. And you're friends with her?
7 A. Yes, I am.
8 Q. Let me turn your attention to May of
9 '96 and ask if you went to her home to talk to her about
10 an incident that had happened?
11 A. Yes.
12 Q. Okay. And did you talk to her in her
13 home that day about something that happened while you
14 were on vacation?
15 A. Yes.
16 Q. Okay. Tell the Court the conversation
17 you had with the defendant on that day.
18 A. Darlie told me that she was trying to
19 attempt a suicide.
20 Q. Okay. Did she tell you how that
21 happened?
22 A. Yes. She told me that she had pills
23 out of the wrappers, and she was going to take them, and
24 she was writing a note but Darin walked in, and she put
25 things away, she hid from him. And she, if it wasn't for
Sandra M. Halsey, CSR, Official Court Reporter
2510

1 the dog, Domain, dragging the wrappers from under the
2 bed, Darin would have never known.
3 Q. Okay. Did she tell you why she was
4 about to commit suicide?
5 A. Because sometimes she gets to feel
6 really strange, and she doesn't understand why. That
7 things were getting to her.
8 Sometimes she felt like everybody

9 expected too much of her, and there was more. Pretty
10 much, that things were happening, and she felt strange,
11 and she just didn't understand why. And, sometimes she
12 just feels like she wants to end it all.
13 And I have asked her -- I have told
14 her that she had three beautiful children and a loving
15 husband, and that she should get help. And she told me
16 that, yes, that she had talked with Darin, and that she
17 is going to go with the three children to Lubbock.

18 Q. Okay. Let me stop you there. Did you
19 counsel with her about that after she told you about her
20 thinking about, or preparing to commit suicide?
21 A. Yes.
22 Q. Now, let me move you forward a little
23 bit, and ask you to go to the date of June 7th, after
24 Darlie Routier was in the hospital, that Friday. Did you
25 go to the hospital and see her?
Sandra M. Halsey, CSR, Official Court Reporter
2511

1 A. Yes, sir.
2 Q. Okay. At one point in time, while you
3 were at the hospital visiting her, did Darlie Routier ask
4 other members, other people in the room to leave?
5 A. Yes, sir.
6 Q. Okay. Did she have a conversation?
7
8 THE COURT: Ma'am, can you keep your
9 voice up so that everybody can hear you?
10 THE WITNESS: Okay. Yes, sir. Is
11 that better?
12 THE COURT: Just relax. Yes. Okay.
13
14 BY MR. TOBY L. SHOOK:
15 Q. Did she have a conversation with you
16 after the others left?
17 A. Yes, sir.
18 Q. Okay. Tell the Judge what she told
19 you at that time.
20 A. She was concerned about her sexual
21 toys being in the house and police searching the house.
22 Q. Okay. Did she tell you anything else
23 at that time?
24 A. No.
25 Q. And I have asked you not to go into
Sandra M. Halsey, CSR, Official Court Reporter
2512

1 another matter.
2 A. Yes. No, she didn't.
3 Q. Unless the Judge specifically told
4 you.
5 A. Right.
6 Q. So don't even mention that at this
7 time.
8 A. Okay.
9 Q. Okay. And did you -- what did you
10 tell her in response to that?
11 A. That she shouldn't worry about it
12 that. That she just lost her two children, and she

13 almost lost her life, and that shouldn't matter, that she
14 shouldn't even worry about those things.
15 Q. Now --
16 A. I'm sure everybody, a lot of people
17 have those things.
18 Q. Okay. Now then, let me move you
19 forward about a week later on the next Friday, June 14th.
20 Did you go to the grave site where the two children were
21 buried?
22 A. Yes, I have.
23 Q. Did you do that at Darlie's request?
24 A. Yes, sir.
25 Q. Okay. And, was there some type of
Sandra M. Halsey, CSR, Official Court Reporter
2513

1 birthday party there at the grave site?
2 A. Yes, sir.
3 Q. Okay. And, were you present when a
4 news team was out there filming that birthday party?
5 A. Yes, sir, I was.
6 Q. Do you remember who the news reporter
7 was that was doing that?
8 A. I remember his name was Joe.
9 Q. Okay. Joe Munoz?
10 A. I believe so. That was his last name.
11 Q. Okay. And, did he interview Darlie
12 and Darin Routier?
13 A. Yes, he had.
14 Q. Okay. And, were you present during
15 those interviews?
16 A. Yes, I was.
17 Q. And did you hear them talking to the
18 reporter Joe Munoz?
19 A. Yes, sir, I did.
20 Q. And, at that party was silly string
21 shot over the grave, and did you all sing Happy Birthday?
22 A. Yes, we did.
23 Q. Okay. And, were you there at Darlie
24 Routier's request?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2514

1 Q. Okay. And, was all of that
2 celebration filmed there by Channel 5 and Joe Munoz and
3 his team?
4 A. Yes.
5 Q. You were present during all that?
6 A. Yes, I was.
7 Q. Were you just off camera?
8 A. I was trying to be off camera.
9 Q. Okay. Now, but you were -- you heard
10 the conversations between the three of them, did you not?
11 A. Yes.
12 Q. As they were being interviewed?
13 A. Pretty much so. Yes, I heard, but I
14 don't remember exactly what was -- I mean --
15 Q. You didn't memorize every word?
16 A. No.
17 Q. Okay. And if I showed you a tape of
18 that interview -- and you have reviewed that this
19 morning; is that right?
20 A. Yes, I did.
21
22
23 (Whereupon, the following
24 mentioned item was
25 marked for
Sandra M. Halsey, CSR, Official Court Reporter
2515

1 identification only
2 after which time the
3 proceedings were

4 resumed on the record
5 in open court, as
6 follows:)
7
8 BY MR. TOBY L. SHOOK:
9 Q. Okay. And did that tape -- let me
10 show you what has been marked as State's Exhibit 101.
11 Did that tape -- was that a tape of the interview that
12 you have just described to the Judge?
13 A. Yes.

14 Q. Okay. And, was that tape an accurate
15 representation of what went on there, as far as the
16 interview, and what Darlie did?
17 A. Yes.
18 Q. What Darlie said?
19 A. Yes.
20 Q. And you were just off camera watching
21 all that, is that right?

22 A. Yes.
23 Q. Okay.
24

25 MR. TOBY L. SHOOK: Your Honor, at
Sandra M. Halsey, CSR, Official Court Reporter
2516

1 this time, we will offer State's Exhibit 101 for record
2 purposes, and we would like to play that for the Court
3 and offer it for admissibility before the jury.
4 THE COURT: All right.
5
6 (Whereupon, the videotape.

7 was played for the Court.)
8
9 THE COURT: All right. That is the
10 tape you want to show, Mr. Shook?
11 MR. TOBY L. SHOOK: Yes, sir. And
12 those are the three specific areas that the defense

13 indicated to me that they wanted a hearing on.
14 THE COURT: All right. Mr. Hagler, I
15 assume you want to make an objection.
16 MR. JOHN HAGLER: Yes, your Honor.
17 THE COURT: Okay. You can take one at
18 a time, whatever areas, one at a time.
19 MR. JOHN HAGLER: Okay. Your Honor,
20 the first area is going to be this testimony regarding
21 the alleged suicide attempt.
22 As the Court well knows, the burden is
23 on the State to make a threshold showing to the Court,
24 and establish beyond a reasonable doubt, that the
25 existence of this extraneous offense, and we would
Sandra M. Halsey, CSR, Official Court Reporter
2517

1 classify this as an extraneous offense. I say extraneous
2 offense, I'm talking about 404-B material, your Honor.
3 We would submit, your Honor, Number 1,
4 that they have failed to make such a showing. And, in
5 particular, your Honor, Number 1, they have not -- may I
6 put this book up here, your Honor?
7 THE COURT: Oh, by all means.
8 MR. JOHN HAGLER: Your Honor, they
9 haven't made an adequate showing of an actual intent, on
10 the part of the defendant, to commit suicide. And
11 furthermore, your Honor, and I know the Court is well
12 aware of the concept or the definition of relevant
13 evidence, but we would submit further, in addition to
14 their failure to make a threshold showing beyond a

15 reasonable doubt of the conduct of the defendant.
16 Furthermore, your Honor, we would
17 vigorously urge that this testimony regarding alleged
18 suicide is simply not relevant. And again, I know the

19 Court is well aware of the definition, but just for the
20 purpose of this hearing, I would like to again state that
21 the definition means: Evidence having any tendency to
22 make the existence of any fact that is of consequence to
23 the determination of the action more probable or less
24 probable than it would be without the evidence.
25 Your Honor, I don't see any way, shape
Sandra M. Halsey, CSR, Official Court Reporter
2518

1 or form that this testimony regarding an alleged suicide
2 attempt would have any bearing, would have any -- would

3 add any probative value to a determination, as to whether
4 or not the defendant is guilty of the charge alleged in
5 the indictment.
6 In other words, there is simply no
7 nexus, there is no connection between the so-called
8 statements regarding -- really it was not even a suicide
9 attempt, it's some statements regarding some future
10 intent to, I guess, to commit suicide.
11 But there's no nexus, there is no

12 connection between this testimony and the allegations
13 contained in the indictment. So, we would vigorously
14 urge under 401 that such testimony is not admissible.
15 THE COURT: All right. Are you
16 through with that one?
17 MR. JOHN HAGLER: Yes, your Honor.
18 THE COURT: Okay. Well, the Court
19 will overrule that objection and admit that.

20 MR. JOHN HAGLER: Well, and
21 furthermore, your Honor, under 404-B it's conduct which
22 we would submit that it's 404-B-type material. Again,
23 the word offense was not -- incorrect on my part, but it
24 is --
25 THE COURT: I understand.
Sandra M. Halsey, CSR, Official Court Reporter

2519

1 MR. JOHN HAGLER: As the Court well
2 knows, it extends into any type of bad acts, what have
3 you, that would cast an aspersion of doubt on the
4 defendant's conduct.
5 THE COURT: Well, the Court feels it
6 would tend to show a state of mind, and the Court would
7 hold that the probative value far outweighs any
8 prejudicial effect.

9 MR. RICHARD C. MOSTY: Could I be sure
10 that Mr. Hagler has developed that these -- this alleged
11 event is more than 30 days removed from the offense, and
12 that is part of our objection.
13 THE COURT: That is fine.
14 MR. RICHARD C. MOSTY: That the time
15 factor of the removal. And secondly, that a suicide,
16 vis-a-vis a homicide that there is no relevance -- that
17 there is no connection between those from a psychiatric
18 standpoint and a psychological standpoint.
19 THE COURT: The Court understands your
20 objection. Same ruling. Overruled.
21 Now, let's move on to the next one.

22 MR. JOHN HAGLER: Your Honor, the
23 second area, as I understood the testimony, was the

24 hospital visit regarding the so-called sex toys. I am
25 not going to spend too much time on this area, your
Sandra M. Halsey, CSR, Official Court Reporter
2520

1 Honor, because I don't see any way, shape or form that
2 this could possibly be relevant.
3 THE COURT: It's not an offense. I'll
4 overrule that.
5 MR. JOHN HAGLER: Well, your Honor,

6 let's put it this way: I'm not arguing specifically as
7 an extraneous offense, but I'm arguing or submitting to
8 the Court, that the existence of, I'm not sure what is
9 meant by sexual toys. Again, I think that in itself is

10 vague. But, it's unclear, it's confusing, it is going to
11 be misleading to the jury. And then, it certainly
12 couldn't have any relevancy or any bearing, on whether or
13 not, in fact, the defendant had any so-called sexual
14 toys. What that would have any bearing or any
15 significance as to whether she committed the offense.

16 Furthermore, I would urge that it
17 would be 404-B material. And again, it's conduct that
18 casts only a bad light on the defendant.
19 Obviously, your Honor, they are

20 attempting to put this into evidence, and they are
21 obviously doing it for some reason. And the reason why
22 they are doing it is they want to show -- they want to
23 cast a shadow on the defendant on areas that are simply
24 irrelevant.
25 THE COURT: Mr. Mosty, do you have
Sandra M. Halsey, CSR, Official Court Reporter
2521

1 something you want to say?
2 MR. RICHARD C. MOSTY: Mr. Hagler just
3 hit it.
4 THE COURT: All right. Overruled.
5 I'll admit that. So now, I guess the next area is on the
6 tape.
7 MR. JOHN HAGLER: The third area, your
8 Honor, is the going to be the tape. Starting off with

9 the authentication. I think this witness has already
10 stated that she doesn't recall, she was simply present
11 during this grave side matter.
12 As far as the authentication, the
13 threshold of requirement that the State carries. We
14 would submit that obviously the tape itself is not

15 self-authenticating.
16 They are required to properly
17 authenticate it through proper evidence and testimony,
18 under our Rules 901 and 902 and Rule 1001, 1001 through
19 1004.
20 One, is we don't -- all we have here
21 is a tape that they played. We know the name of

22 apparently the reporter who was present and who
23 interviewed the defendant and her husband.
24 We don't know what the chain of
25 custody the tape has been. We don't know the manner and
Sandra M. Halsey, CSR, Official Court Reporter
2522

1 circumstances by which the tape was recorded. We don't
2 know whether or not there were any additions or
3 alterations to the tape, since the time of its recording
4 until the time it is being played in the courtroom at the
5 present time.
6 We don't know whether there have been
7 any alterations or changes, deletions or additions to the
8 tape. And therefore, at the outset, they have simply
9 failed to satisfy their threshold requirement to
10 establish and to authenticate the admission of the tape
11 into evidence.
12 Now, moving on with -- would the Court
13 want to rule on that?
14 THE COURT: Well, I will rule on that
15 one. I will overrule that and I will admit the tape.
16 MR. JOHN HAGLER: Okay. And again,
17 your Honor, I want to point out that the witness
18 testified, that she may have been present. I don't know
19 how much she heard. She simply said that she was present
20 and in fact she has even admitted that she doesn't recall
21 word for word what the statements were, and what was said
22 during the grave side matter.
23 THE COURT: I'll overrule that,
24 because she appears throughout the tape and the tape
25 speaks for itself on the screen. You can plainly see her
Sandra M. Halsey, CSR, Official Court Reporter
2523

1 there. You can plainly see everyone involved. Both
2 Routiers, and Mr. Munoz who is also on the tape. You can
3 hear his voice, and you can see him. He is sitting in
4 the courtroom right now.
5 So, I will overrule that and I will
6 admit the tape.
7 MR. JOHN HAGLER: Well, your Honor, a
8 few more objections.
9 THE COURT: Oh, a few more. Okay.
10 MR. JOHN HAGLER: Your Honor, in
11 addition, there are numerous -- one of the requirements
12 on authentication is to identify the various voices on

13 the tape.
14 Your Honor, in addition to the
15 defendant's voice, obviously, there are going to be some
16 areas where there is no question that the defendant is
17 speaking, but there are numerous voices on this tape,

18 background voices, voices of unidentified individuals,
19 who we have no idea who they are, who is making the
20 statements, and what have you.
21 And therefore, we would object to the
22 fact that that, again, it shows a lack of authentication.
23 And furthermore, the numerous statements on the tape
24 constitute hearsay testimony under Rule 802, and
25 specifically the background voices and also the
Sandra M. Halsey, CSR, Official Court Reporter
2524

1 statements by Darin Routier are going to be hearsay under
2 Rule 802.
3 THE COURT: Okay. Overruled. Next.
4 MR. JOHN HAGLER: Moving on, your
5 Honor, and again, this basically gets back to my earlier
6 statements having to do with this so-called alleged
7 suicide statement and future intent.
8 Your Honor, the tape itself that was
9 made a number of days after the offense alleged in this
10 indictment, we would submit, your Honor, that there has
11 been no showing of any relevancy. It does not constitute
12 any type of evidence or adds any probative value, if, in
13 fact, it was presented before the jury.
14 And therefore, we would urge that each
15 and all of the statements contained in the tape fail to
16 satisfy the relevancy test under Rule 401.
17 THE COURT: All right. Overruled.
18 And you will not be required to -- is that all?
19 MR. JOHN HAGLER: No, your Honor.
20 THE COURT: Oh, we're still going.
21 All right.
22 MR. JOHN HAGLER: In addition, your
23 Honor, we would further urge that this tape, even if, and
24 I'd ask for a 403 ruling in the event the Court admits
25 it.
Sandra M. Halsey, CSR, Official Court Reporter
2525

1 THE COURT: You will get it.
2 MR. JOHN HAGLER: But we would further
3 submit, your Honor, that this tape also constitutes 404-B
4 material in the fact that it shows -- and I know the
5 State is going to argue that this tape shows a lack of

6 remorse on the part of the defendant. We would submit
7 that this therefore, it falls into the area of 404-B.

8 And in particular, the fact that this
9 tape could be easily, and we would submit will be, and
10 possibly could be misinterpreted by the jury. It's
11 confusing and it's misleading.
12 The fact is, that each and every
13 individual reacts differently to a crisis in their life.
14 And this tape, when viewed by the jurors, is going to be
15 misinterpreted by the jurors.
16 And therefore, we would urge that this
17 tape be suppressed because of the fact it will be and

18 could be misconstrued by a juror, under 404-B and 403.
19 THE COURT: Okay. Are we at the end?
20 MR. RICHARD C. MOSTY: Let me ask you
21 a question?
22 MR. JOHN HAGLER: Just one second,
23 your Honor.
24 THE COURT: All right. That's it?

25 MR. JOHN HAGLER: Yes, your Honor.
Sandra M. Halsey, CSR, Official Court Reporter
2526

1 MR. RICHARD C. MOSTY: I'll second
2 what Mr. Hagler said.
3 THE COURT: All right. The final
4 objection is overruled. The tape will be admitted under
5 Rule 403-B. The probative effect showing state of mind
6 far outweighs any prejudicial value -- any prejudicial

7 effect.
8 And, the Court will note your
9 objections in this hearing, and you will not have to
10 object in front of the jury.
11 All right. Are we ready to bring the
12 jury in?
13 MR. TOBY SHOOK: We're ready, Judge.
14 THE COURT: All right. Then bring the
15 jury in please.
16
17 (Whereupon, the jury

18 Was returned to the
19 Courtroom, and the
20 Proceedings were

21 Resumed on the record,
22 In open court, in the
23 Presence and hearing
24 Of the defendant,
25 As follows:)

Sandra M. Halsey, CSR, Official Court Reporter
2527

1
2 THE COURT: All right. Good morning,
3 ladies and gentlemen.
4 Let the record reflect that all
5 parties in the trial are present, and the jury is seated.
6 Ladies and gentlemen, this witness has
7 already been sworn outside of your presence. Mr. Shook.
8 MR. TOBY SHOOK: Judge, at this time,
9 the State will offer State's Exhibit 106, and it is
10 certified.
11 MR. RICHARD C. MOSTY: No objection.
12 THE COURT: All right. State's
13 Exhibit No. 106 is admitted.
14
15 (Whereupon, the above

16 mentioned item was
17 received in evidence

18 as State's Exhibit No. 106,
19 for all purposes

20 after which time,
21 the proceedings were
22 resumed on the record,
23 as follows:)
24
25

Sandra M. Halsey, CSR, Official Court Reporter
2528

1 Whereupon,
2
3 BARBARA JOVELL,
4
5 Was called as a witness, for the State of Texas having
6 been previously duly sworn by the Court to speak the
7 truth, the whole truth, and nothing but the truth,
8 testified further in open court, in the presence of the
9 jury, as follows:
10
11
12 DIRECT EXAMINATION
13
14 BY MR. TOBY L. SHOOK:
15 Q. Would you tell us your name, please?
16 A. My name is Barbara Jovell.
17 Q. Okay. Throughout your testimony,
18 please speak in a loud, clear voice. Okay?
19 A. Yes, sir.
20 Q. If you don't understand anyone's
21 questions, just ask them to repeat it and we will be glad
22 to do that. Okay?
23 A. Yes.
24 Q. Keep that voice up.
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2529

1 Q. All right. Where do you live Miss
2 Jovell? Is it Jovell?
3 A. Yes. J-o-v-e-l-l.
4 Q. I am pronouncing it right then?
5 A. Yes.
6 Q. Where do you live?
7 A. I live in Dallas, in Garland.
8 Q. Okay.
9 A. Do you want the whole address?

10 Q. Is Garland a suburb of Dallas?
11 A. Yes.
12 Q. Where are you originally from?
13 A. I am originally from Poland.

14 Q. When did move here to the United
15 States?
16 A. In 1973.
17 Q. Okay. And did you move here with your
18 family?
19 A. My father was already here. My mother
20 and my sister came here together, yes.
21 Q. Is your mother -- do you call her
22 Babcia?
23 A. Everybody else do. I call her Mom.
24 Q. Okay. All right. Is she the lady
25 that testified yesterday?
Sandra M. Halsey, CSR, Official Court Reporter
2530

1 A. Yes.
2 Q. Okay. And when did you move to the
3 Dallas area?
4 A. Around maybe '81 or so.
5 Q. Okay. And what brought you to Texas?
6 A. I moved in with my ex-husband. I
7 moved with my ex-husband and his family.
8 Q. Okay. Was he your ex-husband then?
9 A. No.
10 Q. That happened later?
11 A. Yes.
12 Q. Okay. And have you resided in the
13 Dallas area since that time?
14 A. Yes, I have.
15 Q. Okay. Did you eventually go to work
16 at a company called Cuplex?
17 A. Yes, I have.
18 Q. When did you start at that company?
19 A. Shortly after -- about two weeks after
20 I came here.
21 Q. Okay. And tell the jury what type of
22 company Cuplex is?
23 A. They make printed circuit boards from
24 the scratch to the electrical test.
25 Q. Circuit boards for what?
Sandra M. Halsey, CSR, Official Court Reporter
2531

1 A. That's the stuff that goes into the
2 computers and makes them work.
3 Q. Circuit boards for computers?
4 A. Yes.
5 Q. All right. And what did you do for
6 Cuplex?
7 A. I was an electrical test and I was
8 trouble shooting for problems.
9 Q. Okay. Now, while you worked there,
10 did you come to know a man by the name of Darin Routier?
11 A. Yes, I have.

12 Q. Okay. About what year was it that you
13 met Darin Routier?
14 A. Around '87, middle of '87 or so.
15 Q. Okay. Did he come to work there at
16 Cuplex?
17 A. Yes.
18 Q. About how old was he when you met him?
19 A. 19, around 19 or so.
20 Q. What did he do there at Cuplex?
21 A. He was working in my area at that
22 time.
23 Q. Okay. Did y'all eventually become
24 friends?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2532

1 Q. Okay. Did you later come to meet his
2 fiancee?
3 A. Yes, I have.
4 Q. Okay. What was her name?
5 A. Darlie.
6 Q. Do you see Darlie here in the
7 courtroom today?
8 A. Yes, I do. That is her over there.
9 Q. You are pointing to the woman here in
10 the coat here at the counsel table?
11 A. Yes.
12
13 MR. TOBY L. SHOOK: Your Honor, if the
14 record could reflect, that the witness has identified the
15 defendant.
16 THE COURT: Yes.
17
18 BY MR. TOBY L. SHOOK:
19 Q. Had you already become friends with
20 Darin Routier before you met Darlie?
21 A. I was with Darin friends first. Later
22 on, maybe a few months, maybe a little more, I don't
23 quite remember, but it was a while before I met Darlie.
24 Q. Was that sometime in 1987 also?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2533

1 Q. Okay. How old was Darlie Routier when
2 you met her?
3 A. I believe around 16 or 17.
4 Q. Okay. Were they engaged at that time?
5 A. Yes.
6 Q. After you met her, did you and Darlie
7 become friends?
8 A. Yes.
9 Q. Were Darin and Darlie eventually
10 married?
11 A. Yes.
12 Q. When was that?
13 A. August 27th, '88.
14 Q. August 27th, 1988?
15 A. Yes.
16 Q. Okay. Where did that take place?
17 A. In Lubbock.
18 Q. Were you there?
19 A. Yes, I was.
20 Q. Did you participate in the ceremony?
21 A. Pardon me?
22 Q. Did you participate in the ceremony?
23 A. Yes, I was the maid of honor.
24 Q. Maid of honor for Darlie?
25 A. For Darlie, yes.
Sandra M. Halsey, CSR, Official Court Reporter
2534

1 Q. Okay. Did Darin continue to work at
2 Cuplex with you after they were married?
3 A. Yes.
4 Q. Did Darlie come to work there for a
5 while?
6 A. Yes, after they were married for a
7 little while.
8 Q. How long did she work there?
9 A. I don't exactly remember but I
10 remember she was pregnant and she had an accident.
11 Before she had the baby at work there, so she was kind
12 of -- they put her with pay to stay home.
13 Q. Okay. Did Darin and Darlie have
14 children from their marriage?
15 A. Yes.
16 Q. How many children did they have?
17 A. Three.
18 Q. Who was the first?
19 A. Devon Routier, I'm sorry, Devon Rush
20 Routier.
21 Q. When was he born?
22 A. June of '89.
23 Q. Okay. Who was the second born?

24 A. Damon Routier, Damon Christian
25 Routier.
Sandra M. Halsey, CSR, Official Court Reporter
2535

1 Q. When was Damon born?
2 A. February of '91.
3 Q. Okay. And did they have a third
4 child?
5 A. Yes. Drake, and he was born October
6 of '95.
7 Q. Okay. Now, did Darin also develop a
8 business on the side when he was at Cuplex?
9 A. Yes, he had.
10 Q. Okay. What type of business was that?
11 A. He was not doing testing, but he was
12 building fixtures to test printed circuit boards.
13 Q. Okay. Did he do that out of his home?
14 A. Yes, he have.
15 Q. Did you help him with that sometimes?
16 A. Yes, I have.
17 Q. Did you do that just on good will or
18 were you paid for your services?
19 A. I was paid.
20 Q. Did Darlie also assist in that type of
21 work?
22 A. Yes.
23 Q. Okay. Eventually, did Darin leave
24 Cuplex and start his own company?
25 A. Yes, he had.
Sandra M. Halsey, CSR, Official Court Reporter
2536

1 Q. What was the name of that company?
2 A. Testnec Electronics.
3 Q. Okay. And about what time was that
4 that he started that company?
5 A. I believe it was around -- well, I
6 started working for him sometimes in May or June of 1992.
7 So, that was just a little bit before that, that he
8 opened it.
9 Q. You came to work for him as an
10 employee?
11 A. Yes, I have.
12 Q. Tell the jury what kind of company
13 that was, what you all did at Testnec.
14 A. We tested printed circuit boards.
15 Q. Same type thing?
16 A. Yes. Load fixture, drilling, the

17 material is -- it's a process that you do, but it was
18 drilling, setting up fixtures and then testing printed
19 circuit boards for companies.
20 Q. Who worked at the company?

21 A. For the longest time it was just Darin
22 and Darlie and I.
23 Q. Okay. And what did do you for the
24 company?
25 A. Well, I did everything, the testing,
Sandra M. Halsey, CSR, Official Court Reporter
2537

1 the cleaning.
2 Q. What did Darlie do for the company?
3 A. She kept the books and plus she helped
4 sometimes to test when it was very busy.
5 Q. Okay. And did -- the company started
6 in '92; is that right?
7 A. Yes, around 1992. I'm pretty sure,
8 well, around '92 because I started working shortly after
9 they opened.
10 Q. Did the company do well when it
11 started off?
12 A. Yes.
13 Q. Did it do well through '92, '93?
14 A. Yes.

15 Q. '94?
16 A. Yes.

17 Q. And most of '95?
18 A. Yes, pretty much so. We had our slow
19 periods sometimes but usually --
20 Q. And this entire time, is it you, Darin
21 and Darlie the main employees at Testnec?
22 A. Yes, but there is -- yes, through '94.
23 Well, we had my daughter working there part time. She
24 was still at school. And there was time that Julie Clark
25 came for a little while and worked with us too.
Sandra M. Halsey, CSR, Official Court Reporter
2538

1 Q. Primarily, though, it was you, Darin
2 and Darlie?
3 A. And Darlie.
4 Q. Okay. Now, in the last couple of
5 years, did you begin to see a change in Darlie Routier?
6 A. Yes, I have.
7 Q. Okay. Would you tell the jurors what
8 that change was?
9 A. She was up and down. It was really
10 hard to tell, but she was -- she became very

11 materialistic which I brought up to Darin.
12 Q. I'm sorry. Very much what?
13 A. Materialistic. She started to begin
14 to love material things.
15 Q. Materialistic?
16 A. Yes.

17 Q. Okay.
18 A. She was -- well, she had ups and
19 downs. She gets depressed, she gained weight, and she
20 started fighting with Darin about money.
21 Q. Okay. Now, you say she got
22 materialistic?
23 A. Yes.
24 Q. Did she become concerned with money
25 and buying things?
Sandra M. Halsey, CSR, Official Court Reporter
2539

1 A. Yes. She went and bought things a
2 lot.
3 Q. Okay. Now, their company was doing
4 pretty good; is that right?
5 A. Yes.
6 Q. Okay. But, was she different from the
7 Darlie you originally met back in 1987?
8 A. Well, she liked pretty things and she
9 did like to look well at that time. But it was -- well,
10 how do you say it, well, not as much as I saw later.
11 Q. Now then, did Darlie Routier
12 participate in business decisions there at Testnec?
13 A. Yes, she had.
14 Q. Were you present during conversations
15 involving business there at Testnec?

16 A. Yes, many times.
17 Q. Okay. And was Mrs. Routier involved
18 in those conversations?

19 A. Yes.
20 Q. As far as the company, was there a big
21 reinvestment in the company for new equipment, things of
22 that nature?
23 A. At first the tester was bought and
24 then later they only purchase a used drill, and then a
25 digitizer.
Sandra M. Halsey, CSR, Official Court Reporter
2540

1 Q. What items were purchased then that
2 you observed with the money that was made there at
3 Testnec?
4 A. There was nothing more going into
5 Testnec.
6 Q. Okay.
7 A. It was going to Darlie.
8 Q. When you say going to Darlie what are
9 you talking about?
10 A. She loves to shop.

11 Q. She liked to shop?
12 A. Yes.
13 Q. And what type of things did she start
14 buying?
15 A. She had wonderful taste, she would buy
16 expensive things.
17 Q. Okay. Did they purchase a new home?
18 A. Yes. They had a new home built, they
19 built a new home, yes.
20 Q. Okay. And when was that?
21 A. Oh, shortly after -- maybe '93, maybe
22 end of '92. Shortly after we had the company. I'm not
23 for sure.
24 Q. Okay. And who decorated the home?
25 A. Darlie did.
Sandra M. Halsey, CSR, Official Court Reporter
2541

1 Q. All right. Did she purchase other
2 things at that time, start buying more and more things?
3 A. Well, furniture, you know, things like
4 that, things for the house.
5 Q. And what about personal things?

6 A. Well, she buy a lot of beautiful
7 clothes and stuff like that for her and her children.
8 Q. Okay. Any items as far as jewelry
9 goes?
10 A. Yes. She liked to start buying
11 jewelry.
12 Q. And was that just something that
13 happened the last couple of years?
14 A. More so, there was a purchase of
15 jewelry more so, at that time, yes.

16 Q. Okay. Now, did you talk to her about
17 the things she was buying?
18 A. Well, yes.
19 Q. Did you have conversations about that?
20 A. Well, yes, she showed me. She tell me
21 her ideas, and how she is going to decorate. And there
22 were times that I went with her.
23 Q. Okay. Did you talk to Darin about
24 needing new equipment for the company?
25 A. Yes, I have.
Sandra M. Halsey, CSR, Official Court Reporter
2542

1 Q. Okay. Were you having some problems
2 there with the work you were doing?
3 A. Well, yes, because I needed pins for
4 grids and --
5 Q. Can you speak up?
6 A. I needed pins for grids because the
7 grid was too small and some of the types of jobs that we
8 did was larger and I had to stop test which is not very
9 good. And the tester needed to be fixed because it was
10 lopsided a lot of times.
11 Q. Okay. Was that -- was money paid for
12 that tester to be fixed or any new equipment bought?
13 A. He tried to, you know, kind of
14 wiggle-jiggle the tester and to kind of make it work.

15 Q. But no new equipment was bought in
16 regards to that?
17 A. No, sir.
18 Q. All right. Now, in late '95, did
19 business slacken off there at Testnec?
20 A. Yes, it had.
21 Q. Okay. And did it pick up at the
22 beginning of '96 at all?
23 A. Not really. We were slow, a lot
24 slower than we have ever been.
25 Q. Did you have a real long slow period
Sandra M. Halsey, CSR, Official Court Reporter
2543

1 at that time?
2 A. Very long.
3 Q. Did that slow period extend into --
4 A. Well, we still have some jobs. We

5 didn't get new jobs. When we do repeat jobs, it's just
6 cheap. We have to get new jobs for us to make money. So
7 we get mostly repeats and hardly any new jobs.
8 Q. So the business was slow through '96?
9 A. Yes.
10 Q. Okay. Now, did that cause another
11 change in Darlie Routier's attitude when the business
12 slackened off?
13 A. Yes.
14 Q. Okay. What happened with Darlie at
15 that time?
16 A. She was nervous and depressed and she
17 fought with Darin a lot.
18 Q. Okay. Did you witness a lot of these
19 fights and arguments?
20 A. Arguments, yes.
21 Q. Okay. They didn't physically hit each
22 other, did they?
23 A. No, I have never seen them hit each
24 other.
25 Q. Did these arguments become frequent?
Sandra M. Halsey, CSR, Official Court Reporter
2544

1 A. Yes.
2 Q. And what were the arguments over that
3 you witnessed?
4 A. Money.
5 Q. Concerning what about money?
6 A. Because money wasn't coming in and
7 there was lot of bills to pay. There was just no money.
8 There was enough, as Darin put it to me, "Oh, I am paying
9 you by --"
10
11 MR. JOHN HAGLER: I'm going to object
12 to the statement by Darin, hearsay.
13 THE COURT: I'll sustain the
14 objection.
15 THE WITNESS: I'm sorry. What did I
16 do?
17 THE COURT: That's okay. Don't worry.
18 They are going to object all the time.
19 I will rule on them -- well, they will make -- I mean,
20 both sides will make appropriate objections. I will rule
21 on those, and then you just go on back, and we will tell
22 you when to stop and when not to stop.
23 THE WITNESS: Okay.
24 THE COURT: But, we have a hearsay
25 rule.
Sandra M. Halsey, CSR, Official Court Reporter
2545

1 THE WITNESS: Okay.
2 THE COURT: Don't say what other
3 people said.
4 THE WITNESS: Oh, okay.
5 THE COURT: You just say what you
6 know. Don't worry, just keep going. We'll go through
7 it.
8 THE WITNESS: The money was slowing
9 down, and Darlie was upset, depressed. Yes, she fought a
10 lot with Darin. And sometimes she will become calm, and
11 things will be all right, and then it starts up again,

12 because --
13
14 BY MR. TOBY L. SHOOK:
15 Q. Did these fights increase once the
16 business slowed down?

17 A. Yes.
18 Q. Okay. Now, was Darlie Routier working
19 up there full time at that time?
20 A. No, not really, she just comes
21 sometimes.
22 Q. Okay. And what did she do when she
23 came up there? What was her role?
24 A. Well, she just came in sometimes. And
25 my daughter was doing some paperwork but Darlie was
Sandra M. Halsey, CSR, Official Court Reporter
2546

1 doing -- I don't exactly know for sure, but invoices or
2 something like that, to do with bookkeeping and things,
3 stuff, you know, and then she would be on the phone
4 shopping.
5 Q. Still shopping?
6 A. Yes.
7 Q. Was she still in on the business
8 decisions with the company?
9 A. Yes, she was.

10 Q. You have come to know Darlie and Darin
11 Routier pretty well over the years, haven't you?
12 A. Yes.
13 Q. Who is the more dominant personality
14 between those two?
15 A. Darlie was.
16 Q. Okay. And, did Darlie have a temper?
17 A. Yeah.
18 Q. What kinds of things would get her
19 mad?
20 A. Well, sometimes she wanted some --
21
22 MR. JOHN HAGLER: Your Honor, we will
23 object. This is irrelevant. She has already expressed
24 an opinion. We are going to object to the details as
25 being irrelevant.
Sandra M. Halsey, CSR, Official Court Reporter
2547

1 THE COURT: Overruled. Go ahead, if
2 you know.
3 THE WITNESS: Where was I? Can you
4 repeat that question?
5
6 BY MR. TOBY L. SHOOK:
7 Q. You said she had a temper. What kinds
8 of things would get her mad?
9 A. Well, if Darin -- well, she apparently
10 didn't show my daughter how to do that little part of the
11 invoices or something, so Tammy told me --
12 Q. Well, now, let me stop you there.

13 Don't go into with what maybe Tammy told you or Darin
14 told you.
15 A. Well, as to the money -- to get the
16 money out of the customers. Money or -- mostly money.
17 Q. Okay. Now, did you become worried

18 about the way Darlie was acting, and her emotional state?
19 A. Yes, I was.
20 Q. Okay. And, did you speak to Darin
21 specifically about that?
22 A. Yes, I have.
23 Q. Okay. Now, without going into
24 anything Darin said, tell the jury what you told Darin.
25 A. I have told Darin that, "Don't you see
Sandra M. Halsey, CSR, Official Court Reporter
2548

1 what's going on? Darlie was able to take care of the
2 house, the children and some, and the business." And I
3 said, "Don't you see lately, she cannot -- she has maids
4 clean the house, she has people to do the laundry, she

5 has people to help with the children. There is something
6 bothering Darlie. Something is wrong."
7 Q. Did you give him advice as to what he
8 should do?
9 A. To get help.
10 Q. What did you mean by get help?
11 A. To do anything. To go see a doctor or
12 maybe somebody she could talk to, because something bad
13 will happen.
14 Q. And, about what time was this in '96?
15 A. That was before I left for my vacation
16 at the end of --
17 Q. Go ahead.
18 A. At the end of April, and the beginning
19 of May, I went on vacation at the end of April, and that
20 was happening at that time.
21 Q. So you went on vacation at the end of
22 April of '96?
23 A. Yes.
24 Q. And this conversation that you just
25 related to the jury that you told Darin happened before
Sandra M. Halsey, CSR, Official Court Reporter
2549

1 you went on vacation?
2 A. Yes.
3 Q. Okay. Did Darlie sometimes bring the
4 children up to the shop?
5 A. Yes, she had.
6 Q. Do you recall an incident when she

7 brought the boys up to the shop, around this same time
8 period?
9 A. Sometimes with just the baby and Damon
10 mostly, because Devon was still at school.
11 Q. Okay. Do you recall the times she

12 brought the boys up and wanted Darin to take care of
13 them?
14 A. Well, she had errands to run so we
15 would keep an eye on the children.
16 Q. Okay. Let me turn your attention now
17 to when you got back from your vacation. When did you
18 get back from your vacation?
19 A. In May. Probably, I know the first
20 week of May I was gone, and then I came back along that
21 time.

22 Q. Okay. When you got back, did you have
23 a talk with your daughter Tammy? Don't go into anything
24 that was said. But did you have a talk?
25 A. Yes, I have.
Sandra M. Halsey, CSR, Official Court Reporter
2550

1 Q. Was she still working at Testnec at
2 that time?
3 A. Yes.
4 Q. Did you also have a discussion with
5 Darin on that day?
6 A. Yes.
7 Q. Subsequent to that talk, did you go
8 see Darlie Routier?
9 A. Yes, I have.
10 Q. Okay. And when did you go see her
11 after that talk?
12 A. I went to see her at her house.
13 Q. Okay. And who was there at the house?
14 A. Just her, the baby and Damon.
15 Q. Okay. And what did you talk to her

16 about when you went to -- and this was going to be in
17 May, I take it, when you got back?
18 A. Yes, I got back in May. So, when I
19 came back, what I have learned, I got concerned and I

20 wanted to talk with Darin and make sure that she was all
21 right.
22 Q. What did she tell you had happened
23 while you were on vacation?
24 A. She told me that she was trying to
25 commit suicide.
Sandra M. Halsey, CSR, Official Court Reporter
2551

1 Q. Did she tell you how that happened?
2 A. Yes. She said that she was just going
3 to do it. She had all the pills out of the wrappers and
4 she was writing a note, and then she heard Darin come in,
5 and she put things away very quickly, and she threw some
6 wrappers under the bed, and, if it wasn't for Domain, the
7 dog, Darin would have never known.
8 And, because Domain was -- he started
9 playing with the wrappers and taking them out from under
10 the bed.
11 Q. Did you ask her why she was going to
12 do that?
13 A. Yes.
14 Q. What did she say?
15 A. I told her, that she needs to get
16 help, because she has three beautiful children and a good
17 husband, and if she does something to herself, what would
18 her children think, that their mama didn't love them.
19 Q. Did she tell you why she was going to
20 commit suicide?
21 A. Yes, because sometimes she didn't
22 understand how she felt. Sometimes she felt strange and
23 that things got too much for her, and sometimes she just
24 felt like wanting to end it all, and she doesn't
25 understand it.
Sandra M. Halsey, CSR, Official Court Reporter
2552

1 So I told her, to please get help.
2 And she told me, that she already discussed it with
3 Darin, and that she was going to take the three children,
4 and go to Lubbock and that Sarilda was going to take care
5 of her three children when she goes.
6 Q. Who is Sarilda?
7 A. Sarilda is her mother-in-law.
8 Q. Okay.
9 A. But then she turned around and told me
10 that she don't know about it, because how does she know
11 that it is going to help her.
12 And I told her that she doesn't have
13 to. If she doesn't like it, that she could get maybe a
14 counselling a little bit, and maybe to put her on a
15 little medication, to see what is bothering her. And, if
16 she doesn't like it, she could always refuse and maybe
17 see somebody else.
18 And she says, well, she was kind of
19 afraid, because she said that if anything ever happens
20 between her and Darin, that Sarilda may take the children
21 away from her.
22 And I says -- because she would be in
23 the hospital, you know, to help her mentally. And, I
24 told her that she shouldn't worry about it, because she
25 will be going on her own, saying that something is
Sandra M. Halsey, CSR, Official Court Reporter
2553

1 bothering me, and I want to know what it is.
2 Q. Did she talk to you about the weight
3 she had gained, and that that was bothering her also?
4 A. Yes, it bothered her very much.
5 Q. What did you tell her about that?

6 A. Oh, that she makes me sick, such a
7 beautiful young woman, with three children. To me she

8 looked beautiful. And I said she was just giving herself
9 a complex and that would make her sick.
10 Q. Did you also talk about the money
11 situation and the slow business there at Testnec?
12 A. Yes. I showed her that -- well, she
13 was worried, because that was the longest period that we
14 had that was so slow. And she did have big bills. But,
15 I have told her, "Hey, you know, things will pick up,
16 things will be all right. You just go get your help and
17 me and Darin will get with it. Things will pick up, and
18 things will be all right," for her not to worry about
19 that, for her to worry about her.
20 Q. Did she express some concern about the
21 bills that were coming in, and about their house?
22 A. No, not really. She mostly said the
23 children sometimes were too much, and the neighbor's
24 children wanted to play there.
25 And I told her, I said people expect
Sandra M. Halsey, CSR, Official Court Reporter
2554

1 so much of her. I told her that people could expect all
2 they want, she could only deliver what she can.
3 And for the children, to tell their
4 mothers, for a change, to let them play over there.
5 And she said that she did mention it,
6 but she goes, "Well, sometimes I don't really mind and
7 sometimes it gets too much".
8 Q. Now, did she seem to get somewhat
9 better after that visit that you had with her?
10 A. Yes, somewhat, but --
11 Q. Did she go to Lubbock and follow your
12 advice?
13 A. No.
14 Q. Did she get on any medication to help
15 her with her weight?
16 A. Well, the only thing she got on was
17 diet pills.
18 Q. She got on diet pills?
19 A. Yes, sir.
20 Q. Let me turn your attention to early
21 June, and ask if --
22 A. I'm sorry.
23 Q. It's okay. Did you talk to Darlie
24 about your mother coming to work for her?
25 A. Darlie called me.
Sandra M. Halsey, CSR, Official Court Reporter
2555

1 Q. Okay. What did Darlie say to you when
2 she called you?
3 A. She asked me to -- if my mother would
4 consider coming and helping her out by working, helping

5 her, you know, with laundry and light housekeeping.
6 Q. And what did you say to Darlie?

7 A. I told her that I would talk to my
8 mother. I have to talk with her and what days, if she
9 agrees.

10 Q. Had Darlie had people help clean and
11 watch her children before this?
12 A. Yes.
13 Q. Okay. How soon before this had that
14 been going on?
15 A. She had a maid, but I'm not for sure,
16 I think, well, I believe that she let her go before even
17 my mom arrived to Texas.
18 Q. Okay. Did your mother agree to go
19 over there and do the housework for Darlie?
20 A. Well, I kind of asked my mom to. I
21 asked my mom, and we talked, and she agreed to work for
22 Darlie three days.
23 I don't exactly remember if Darlie

24 picked those days or my mom. I believe my mom or Darlie,
25 maybe Darlie picked those days, it was Tuesday, Wednesday
Sandra M. Halsey, CSR, Official Court Reporter
2556

1 and Friday.
2 Q. Okay. Did you take your mother over
3 there on that Tuesday, June the 4th?
4 A. Yes, I have.
5 Q. And when you dropped your mother off,
6 did you pick anyone up?
7 A. Darin.
8 Q. Okay. Why did you pick Darin up?
9 A. I believe he left the Pathfinder for
10 Darlie if she needs it. Since I dropped my mom off, it
11 would be easy for him to ride with me.

12 Q. Did Darin have a car?
13 A. It was a Jaguar, yes.

14 Q. What was wrong with that car at that
15 time?
16 A. It broke down.
17 Q. How long had it been broken down?
18 A. Oh, I don't remember. But, shortly,
19 not -- I don't really remember, it broke down just around
20 that time.
21 Q. So you gave him a ride to work that
22 day?
23 A. Yes.
24 Q. Okay. And, did you give your mother a
25 ride over to Darlie's the next day, that Wednesday, June
Sandra M. Halsey, CSR, Official Court Reporter
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1 5th?
2 A. Yes, I did.
3 Q. Okay. And did you give Darin a ride
4 to work on that day?
5 A. I don't remember.
6 Q. Okay. About what time did you return
7 on Wednesday to pick your mother up?
8 A. Around, maybe, 5:15 or so, somewhere
9 around that time.
10 Q. Okay. Who was at the house when you
11 went to pick her up?
12 A. My mother and Darlie.
13 Q. Where were they?
14 A. They were in the kitchen.
15 Q. And what did you?
16 A. I came in in the kitchen and I spoke
17 to them. I said, "Hey, it looks nice." And they said,
18 Yeah, that they did everything. Everything was cleaned
19 up and the only thing Darlie had to do is pick up.
20 There was -- everything was cleaned
21 and washed. But there was clothes on the kitchen cabinet
22 counter still folded up that Darlie was suppose to bring
23 upstairs.
24 Q. Okay. Did you want to stay there when
25 you got there?
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2558

1 A. Yes, I felt pretty good and I wanted
2 to stay a few minutes and talk to Darlie.
3 Q. Okay. Did you get anything to drink?
4 A. Yes, I had a beer.
5 Q. Okay. And, did you sit down?
6 A. Pardon me?
7 Q. Where did you sit down?
8 A. I really didn't sit down. I was kind
9 of around the kitchen island, you know, one of the deals
10 that sits in the middle of your kitchen.
11 Q. Would that be island there?
12 A. Yes, I was kind of around there and I
13 don't remember -- I was kind of, yeah, around that on
14 both sides, kind of moving around.
15 Q. Now, did you decide to stay there or
16 did you leave soon after that?
17 A. I believe I had a beer and my mom w