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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. 37 OF 53 VOLS.
16 January 20, 1997
17 Monday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2783
1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Monday, the 20th 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
2784
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
2785
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
2786
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
2787
1 P R O C E E D I N G S
2
3 January 20th, 1997
4 Monday
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 THE COURT: All right. Are both sides
19 ready?
20 MR. GREG DAVIS: Yes, sir, we are
21 ready.
22 MR. DOUGLAS MULDER: Yes, sir, we are
23 ready.
24 THE COURT: All right. Bring the jury
25 in, please.
Sandra M. Halsey, CSR, Official Court Reporter
2788
1 (Whereupon, the jury
2 Was returned to the
3 Courtroom, and the
4 Proceedings were
5 Resumed on the record,
6 In open court, in the
7 Presence and hearing
8 Of the defendant,
9 As follows:)
10
11
12 THE COURT: Good morning, ladies and
13 gentlemen. Let the record reflect that all parties
in 14 the trial are present and the jury is seated.
15 Mr. Linch, if you will raise your
16 right hand, please.
17
18 (Whereupon, the witness
19 Was duly sworn by the
20 Court, to speak the truth,
21 The whole truth and
22 Nothing but the truth,
23 After which, the
24 Proceedings were
25 Resumed as follows:)
Sandra M. Halsey, CSR, Official Court Reporter
2789
1
2 THE COURT: Do you solemnly swear or
3 affirm that the testimony you are about to give will
be
4 the truth, the whole truth, and nothing but the
truth, so
5 help you God?
6 THE WITNESS: I do.
7 THE COURT: You do understand the Rule
8 of Evidence?
9 THE WITNESS: Yes, sir, I do.
10 THE COURT: So I don't need to explain
11 it to you now?
12 THE WITNESS: No, sir.
13 THE COURT: All right. You are now
14 under it.
15 Mr. Davis.
16 MR. GREG DAVIS: Thank you, Judge.
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2790
1 Whereupon,
2
3 CHARLES A. LINCH,
4
5 was called as a witness, for the State of Texas, having
6 been first duly sworn to speak the truth, the whole
7 truth, and nothing but the truth, testified in open
8 court, as follows:
9
10
11 DIRECT EXAMINATION
12
13 BY MR. GREG DAVIS:
14 Q. Sir, would you please tell us your
15 full name.
16 A. My name is Charles A. Linch,
17 L-i-n-c-h.
18 Q. Mr. Linch, how are you employed?
19 A. I am currently employed as a trace
20 evidence analyst at the Institute of Forensic Sciences
in
21 Dallas.
22 Q. All right. How long have you been
23 with -- can we just shorten that down to SWIFS?
24 A. Yes, sir. That is the abbreviation
25 for the Southwestern Institute of Forensic Sciences.
Sandra M. Halsey, CSR, Official Court Reporter
2791
1 Q. All right.
2 A. I have been there about 16 years off
3 and on. And, I have worked in trace evidence there
for
4 the last nine years except for a year and a half.
5 Q. What do you do in trace evidence?
6 A. Trace evidence, we identify and
7 compare hairs, fibers, gunshot residues and other
small
8 evidentiary items. It's very often a microscopic
9 comparison.
10 So I spend a lot of time collecting
11 evidence from articles, and then looking at it under
the
12 microscope.
13 Q. And, before you became a trace
14 evidence analyst, did you hold some other position
there
15 at SWIFS?
16 A. Yes, I did.
17 Q. What was that?
18 A. I was a field agent or medical
19 examiner investigator from about 1983 to 1986 or
'7.
20 Q. What were your duties then as field
21 agent?
22 A. A field agent goes to the scene of an
23 unexpected death, and serves as the eyes and ears
of the
24 pathologists.
25 They take photographs, collect
Sandra M. Halsey, CSR, Official Court Reporter
2792
1 evidence and make a judgment about what may have
happened
2 at that crime scene.
3 Q. As a field agent, about how many death
4 scenes did you go to?
5 A. In the four-year period, I went to
6 over 500.
7 Q. All right. As a trace evidence
8 analyst, do you sometimes go to death scenes also?
9 A. Yes, I do.
10 Q. Approximately, how many death scenes
11 have you been to, since becoming a trace evidence
12 analyst?
13 A. I don't know the exact number. As a
14 trace evidence analyst, I very often limit my scene
15 visits, to situations where the body has already
been
16 removed, or if it's a vehicle search where we're
looking
17 in a vehicle trying to collect evidence.
18 Q. All right. In this case on June 6th
19 of 1996, did you have occasion to go to a death scene
at
20 5801 Eagle Drive?
21 A. Yes, sir.
22 Q. How did that come about, that you went
23 out there?
24 A. I was in our autopsy area at the
25 Institute. The Intsitute is two departments of Dallas
Sandra M. Halsey, CSR, Official Court Reporter
2793
1 County. One department is the office of the Medical
2 Examiner, and the other department is the crime lab,
3 where I work. And so, we're all housed in the same
4 facility.
5 So on that morning, I was in the
6 basement, looking at some of the victims that were
being
7 examined that day, and I noticed the two Routier
8 children.
9 Q. Okay. Did you then make the decision
10 on your own to go on out there to Rowlett?
11 A. Yes, sir. I called them and asked
12 them if they needed any assistance.
13 Q. Okay. Did you go out there by
14 yourself or with someone else?
15 A. I went with Kathryn Long, our forensic
16 serologist.
17 Q. Do you remember about what time that
18 you got out there to Eagle Drive?
19 A. About 12:30.
20 Q. When you got out there, did you meet
21 with anybody?
22 A. I met initially Detective Jimmy
23 Patterson and then James Cron.
24 Q. All right. What is the first thing
25 that you did once you met those two gentlemen?
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2794
1 A. The first thing you always do is do
2 what is called a walk-through. You just walk through
the
3 house and get a general idea of what is present in
each
4 of the rooms.
5 Q. Okay. And after you did this initial
6 walk-through, what is the next thing that you began
to
7 do?
8 A. Well, after you have done the
9 walk-through, you make a determination as to what
kind of
10 evidence samples to collect.
11 Q. All right. Now, I want to direct your
12 attention to the garage section of the house. Did
you
13 and Miss Long make some determination at that point
about
14 collecting some stuff there in the garage?
15 A. Yes, sir.
16 Q. Okay. What decision did you make?
17 A. There were stains on the garage floor
18 that had the similar appearance to blood and there
was
19 also some more powdered-looking material on a sign
in
20 front of a freezer in the garage.
21 We tested the stains on the concrete,
22 and they were negative for the identification of
blood.
23 Q. Okay. Was this a large stain?
24 A. Yes, sir.
25 Q. Okay. And, what did it appear to you
Sandra M. Halsey, CSR, Official Court Reporter
2795
1 to be?
2 A. Some type of syrupy material, maybe
3 soda pop or Kool-Aid.
4 Q. That was negative for blood?
5 A. That's right.
6 Q. Okay. What other areas did you test
7 then?
8 A. We tested the powdered, red material
9 on the sign, approximately in front of the freezer
and
10 that was positive for the presumptive presence of
blood.
11 Q. Okay. And, did you then have samples
12 of that blood actually taken from the garage?
13 A. Yes, sir. Ms. Long took those.
14 Q. All right. Why did you do that?
15 A. In speaking with Jim Cron, he was
16 aiding us in the walk-through, and he said there
was no
17 blood found in the garage. And when we noticed this
18 material, he said, "Well, that wasn't there
earlier."
19
20 MR. RICHARD C. MOSTY: I'll object to
21 describing what Mr. Cron said to him.
22 THE COURT: I'll sustain the
23 objection.
24 MR. GREG DAVIS: Okay.
25 THE COURT: Rephrase the question.
Sandra M. Halsey, CSR, Official Court Reporter
2796
1 BY MR. GREG DAVIS:
2 Q. Well, let me just move on. You then
3 did take the samples, is that right?
4 A. Yes, sir, we did. We took the samples
5 because if we didn't, somebody would say, why didn't
you.
6 Q. All right. Did you take any other
7 samples from inside the garage then?
8 A. No, sir.
9 Q. All right. What is the next thing
10 that you all did then?
11 A. Again, we moved back into the house,
12 and as you stand in the front entryway hall, you
can
13 evaluate the family room and the kitchen.
14 And, at that time I asked Miss Long to
15 check other bathrooms for occult or latent blood
that you
16 cannot see, as if someone had washed up. And then
I
17 focused my attention on the kitchen sink.
18 Q. All right. And when you looked at the
19 kitchen sink, what was its appearance?
20 A. It was unusual. It -- the sink
21 portion had been cleaned of blood, and the blood
stains
22 on the front of the cabinet, were such that when
that
23 blood was being shed, it would also need to be shed
into
24 the sinks, which were now clean. So, it was my opinion
25 that the sinks had probably been cleaned of blood.
Sandra M. Halsey, CSR, Official Court Reporter
2797
1 Q. All right. Did you do any testing,
2 presumptive testing to determine if there was actually
3 blood in the sink or around the sink?
4 A. Miss Long did.
5 Q. All right. And what were the results?
6 A. The faucets were -- showed no blood
7 present, but with our chemicals we got a reaction.
8 Q. All right.
9 A. The -- there were some stains that
10 appeared to be watered down, that had run into the
11 stainless steel areas, that were positive for blood.
12 Kathryn took samples of those. The
13 water faucet, where the water actually comes out,
that
14 appeared clean and stainless steel, but that was
also
15 reactive for the presence of blood.
16 Q. All right. Now, when you get a
17 reaction for blood, does it range -- is there a certain
18 range of reaction? I mean, does all blood react
equally,
19 or do you have a variance there?
20 A. Well, with time you appreciate a
21 difference. With the chemicals we use, if blood is
22 present, or the presumptive presence of blood, it
will
23 pop up a green color, kind of a blue-green.
24 If the blood is fresh, it will react
25 very quickly and a very bright blue-green. If the
blood
Sandra M. Halsey, CSR, Official Court Reporter
2798
1 is old, you will get kind of a dull, light-green
color to
2 the reaction.
3 And some of the false/positive
4 materials will give the dull, slower, green reaction.
5 Q. What kind of reaction did you get for
6 the samples actually inside the bowl of the sink?
7 A. Those were quickly and darkly
8 reactive.
9 Q. All right. Did you sample anything
10 from the faucet area that appeared to be clean?
11 A. Yes, sir.
12 Q. What kind of reaction did you get up
13 there?
14 A. That was quickly and darkly reactive.
15 Q. Which told you what?
16 A. That there was recent contact with
17 that faucet with blood.
18 Q. All right. Did you have an
19 opportunity to look at the cabinet work that faces
right
20 there at the sink area?
21 A. Yes, sir.
22 Q. All right. Was there blood actually
23 visible on the cabinetry?
24 A. Oh, yes, sir.
25 Q. How about on the handles to the
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2799
1 cabinets?
2 A. Yes, sir. There was blood on the
3 knobs to the cabinets below the sink.
4 Q. All right. Now, did you or Miss Long,
5 in your presence, open up the doors to that cabinet?
6 A. Yes, sir.
7 Q. All right. And, did you see anything
8 unusual when you opened up the doors to the cabinet?
9 A. There was blood present inside the
10 cabinet, consistent with the door having to have
been
11 opened when the blood was shed.
12 Q. All right. So, in your opinion, was
13 the blood on the facing or the outside of the cabinet,
14 that was consistent with having been deposited when
the
15 doors were closed?
16 A. Yes.
17 Q. All right. Was there also blood
18 inside that was consistent with having been dropped
while
19 the doors to the cabinet were actually open?
20 A. Yes.
21 Q. Do you remember what was inside that
22 cabinet?
23 A. As I recall, it was the usual under
24 the sink, kitchen-cleaning materials, cleanser and
stuff.
25 Q. Now, did you instruct Miss Long to
Sandra M. Halsey, CSR, Official Court Reporter
2800
1 take actual blood samples from the kitchen sink
area?
2 A. Yes, sir.
3 Q. Anything else done there at the sink
4 at that time?
5 A. At that time, no, sir.
6 Q. All right. Then what's the next thing
7 that you actually did there at the residence?
8 A. Then we moved into the family room.
9 And it was explained to me that the body of Devon
Routier
10 was found in one particular area, and the blood in
that
11 area was consistent with that explanation. And moving
12 into the family area, it was explained that a --
13
14 MR. RICHARD C. MOSTY: Your Honor, we
15 object to what was explained to him. That is hearsay.
16 THE COURT: Well, overruled. Go
17 ahead.
18 THE WITNESS: There was a cut out
19 place in the carpet where a small palm print had
been
20 removed.
21 Around behind the couch where the
22 defendant said she was lying, there were, what appeared
23 to be faint shoe impressions.
24 It was my recommendation that that
25 piece of carpet be cut out for further analysis.
Sandra M. Halsey, CSR, Official Court Reporter
2801
1 BY MR. GREG DAVIS:
2 Q. All right. Now, are you talking about
3 the area that is going to be between the couch and
the
4 windows that face out to the back yard?
5 A. Yes, sir.
6 Q. Okay. So you recommended that part of
7 that carpet be cut out, right?
8 A. Yes.
9 Q. Okay. What's the next thing that you
10 did then?
11 A. I asked where hairs and fibers had
12 been looked for. That is my primary reason for visiting
13 crime scenes. Hairs and fibers are almost never thought
14 about in violent struggles.
15 And David Mayne told me, that he had
16 taken tapings from the carpeting around and near
where
17 the body of Devon was found. So then, I decided
to take
18 tapings from the glass coffee table area to try to
19 recover any hairs or fibers that may have been in
that
20 area.
21 Q. All right. When Officer Mayne told
22 you that he had already started collecting hairs
and
23 fibers, did you consider that to be good police
practice?
24 A. I was shocked.
25 Q. Why?
Sandra M. Halsey, CSR, Official Court Reporter
2802
1 A. Usually, police don't think to do
2 that. The hairs and fibers are thought about last
3 usually in collecting evidence.
4 Q. All right. And then you said -- did
5 you turn your attention then to the coffee table itself?
6 A. Yes, sir.
7 Q. All right. Did you start collecting
8 any hairs or fibers from that area?
9 A. I took tapings from the top of the
10 coffee table.
11 Q. Okay. When you say "tapings," what
do
12 you mean?
13 A. Use a piece of adhesive tape and you
14 lay down the tape, just as you would use tape to
remove
15 animal hairs and lint from your clothing. And that's
my
16 preferred method of collecting hairs and fibers.
17 Q. Okay. Were you able to collect any
18 hairs and fibers from that area?
19 A. Yes, sir.
20 Q. Okay. How about when you were at the
21 coffee table, did you have an opportunity to look
at the
22 flower arrangement that was sitting on the coffee
table?
23 A. Yes, I did.
24 Q. All right. And, when you were looking
25 at that flower arrangement, sir, did you see any
blood on
Sandra M. Halsey, CSR, Official Court Reporter
2803
1 the flower arrangement itself?
2 A. I didn't see any.
3 Q. All right. How about the vase that
4 the flower arrangement was in, did you see any blood
on
5 it?
6 A. No, I didn't.
7 Q. Did you have an opportunity to look at
8 the couch that sits between the coffee table and the
9 windows leading to the back yard?
10 A. Yes, I did.
11 Q. All right. Now, did you see any
12 evidence of hair on that couch?
13 A. There were no tears or cuts or defects
14 in the couch that I saw.
15 Q. Okay. So no tears or defects;
16 correct?
17 A. That's right.
18 Q. How about hair, head hair?
19 A. I didn't see any.
20 Q. No blond-haired head hairs?
21 A. No hairs.
22 Q. All right. After you had looked at
23 the couch, you have looked at the coffee table, you
have
24 taken your tapings from that area, what is the next
thing
25 that you did?
Sandra M. Halsey, CSR, Official Court Reporter
2804
1 A. I went back into the kitchen. There
2 was -- I forget when exactly in the sequence, there
was a
3 hair recovered from the kitchen floor. And again,
then I
4 believe we directed our attention to upstairs.
5 Q. Okay. This hair that you collected
6 from the kitchen area, do you remember what part
of the
7 kitchen that came from?
8 A. It was down near the kitchen sink
9 area. It would have been between the counter and
the
10 kitchen sink.
11 Q. Okay. Any animal hairs that you could
12 see down there in that area?
13 A. Yes.
14 Q. What appeared to be animal hairs?
15 A. Yes, this last hair was, in my
16 opinion, a cat whisker.
17 Q. Okay. So a cat whisker there by the
18 sink. Is that when you directed your attention upstairs?
19 A. That would have been about the time.
20 Q. Okay. Did you ever have occasion to
21 go upstairs into a room that had a bunk bed arrangement?
22 A. Yes, I did.
23 Q. And did you see anything unusual
24 inside that room?
25 A. In this room there were two bunk beds,
Sandra M. Halsey, CSR, Official Court Reporter
2805
1 and on the both of them, the beds were made. And
on the
2 bottom bunk bed, at the feet end, at the very end,
there
3 was a circular area of what appeared to be blood,
and
4 tested positive for the presence of blood, the
5 presumptive presence of blood.
6 Q. Was that bed actually still made up
7 when you saw it?
8 A. Yes, sir.
9 Q. When you saw what appeared to be
10 blood, what did you do, if anything?
11 A. I advised the police to collect that
12 blanket and submit it as evidence. And I also wanted
to
13 see how far the blood had soaked, so I unmade the
bed,
14 looking under the top cover and the bed sheets and
15 mattress.
16 Q. All right. When you tore the bed down
17 to look at this comforter, what did you see?
18 A. There was no blood continuing from the
19 top going any further.
20 Q. Okay. So it didn't penetrate through?
21 A. No.
22 Q. Was the blood itself that you saw, was
23 it still wet, dry, what was its appearance?
24 A. It was dry.
25 Q. All right. Did you have any other
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2806
1 items upstairs? Did you recommend that the Rowlett
2 police collect anything else upstairs?
3 A. Well, I collected a hair brush that
4 was -- belonged to the defendant.
5 Q. What was the purpose of getting that?
6 A. Well, when you do your hairs and
7 fibers comparisons, you need to know what everybody's
8 head hair looks like so you know what you are comparing
9 to. So that was the reason for that.
10 It was my understanding that she was
11 injured, and we may not be able to get any head hair
from
12 her.
13 Q. Okay. When you finished upstairs, Mr.
14 Linch, did you go back downstairs for a period of
time?
15 A. Yes, I did.
16 Q. Okay. What, if anything, did you do
17 once you went down?
18 A. I did another walk-through, just
19 walking through to rethink some things, and think
about
20 what we needed to have sent later.
21 Q. All right. Did you ever have an
22 opportunity to go back in the kitchen and start looking
23 for anything?
24 A. Yes.
25 Q. All right. What did you do in there?
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2807
1 A. I -- well, actually, initially, I
2 was -- looked in the trash cans. As a field agent,
I
3 learned you often start with trash cans in a crime
scene.
4 But, I collected two pairs of scissors
5 from a drawer. I collected the disposal rubber assembly
6 from down in one of the sinks. And, I think that was
7 about it.
8 Q. All right. Let's go to the scissors.
9 Why did you collect the two scissors?
10 A. Well, I knew that the screen had been
11 cut. And, at that time I didn't know, whether it
could
12 have been caused by knife or by scissors or what.
And so
13 I just took them simply to see if maybe those scissors
14 had caused the defect in the screen to the garage.
15 Q. All right. Any blood on the scissors?
16 A. No, sir.
17 Q. All right. Where exactly did you find
18 them? Were they in a drawer?
19 A. They were in a drawer there in the
20 kitchen.
21 Q. So you collected the two scissors.
22 Now, how about the disposal drain cover, why did
you take
23 it?
24 A. There was a strand of material that
25 was hanging in it, and it had also tested positive
for
Sandra M. Halsey, CSR, Official Court Reporter
2808
1 the presumptive presence of blood. And I just wanted
to
2 examine it with a microscope.
3 Q. While you were there, did you ever see
4 a butcher block with some knives in it?
5 A. Yes, I did.
6 Q. Okay. What, if anything, did you do
7 with it?
8 A. At that time, nothing. It was eight
9 knives remaining in this black, wooden butcher block.
10 Q. All right. Now, did you also see a
11 knife with blood on it?
12 A. Yes, I did. Not at the time of the --
13 I was shown the knife that had already been packaged
by
14 the police.
15 Q. Okay. How long did you and Miss Long
16 stay out there at Eagle Drive on June 6th?
17 A. About three hours.
18 Q. All right. Now, let's go forward to
19 June 11th, 1996. Did you go back out to Eagle Drive
on
20 that day?
21 A. Yes, sir, I did.
22 Q. All right. Again, did you go out
23 there with Kathryn Long?
24 A. Yes, I did.
25 Q. When you got out there, were there
Sandra M. Halsey, CSR, Official Court Reporter
2809
1 certain Rowlett police officers present?
2 A. They were present. I don't recall
3 specifically who was there.
4 Q. Was I there?
5 A. Yes, you were.
6 Q. Okay. And during the time that you
7 were there on June the 11th, did you instruct Kathryn
8 Long to do anything on that date?
9 A. Yes, I did.
10 Q. Okay. What did you ask her to do?
11 A. Well, again, we did a walk-through
12 once again. The -- I focused my attention on the
13 carpeting in the family room. I was learning and
finding
14 out what the Rowlett Police Department had collected,
and
15 I was making a determination as to what additional
blood
16 samples we might want to take.
17 Q. Okay. Did you instruct Miss Long to
18 take some additional blood samples?
19 A. Yes, I did.
20 Q. Did you ever ask her to do anything
21 outside of the residence?
22 A. Yes, I did. And I also did some
23 testing outside.
24 Q. Okay. First of all, what did you ask
25 Miss Long to do?
Sandra M. Halsey, CSR, Official Court Reporter
2810
1 A. Her first interest was the back wooden
2 gate handle. It had some stains on it that could appear
3 to be old blood; drops of similar appearing material
were
4 in the driveway.
5 Q. Okay. And, were the stains on the
6 gate actually tested for blood?
7 A. Yes, they were.
8 Q. What were the results?
9 A. They were negative.
10 Q. No blood?
11 A. No, sir.
12 Q. How about the drops on the driveway,
13 were they tested?
14 A. Yes.
15 Q. What was the result there?
16 A. Negative.
17 Q. All right. Did you, yourself do
18 anything else as far as testing?
19 A. I did some of the swabbing, I did the
20 swabbing on the driveway stains that were negative.
We
21 did some more swabbing of stains inside the garage
that
22 didn't really look like blood, but we swabbed them
23 anyway. In fact, they tested negative for the presence
24 of blood.
25 Q. Do you remember where they were in the
Sandra M. Halsey, CSR, Official Court Reporter
2811
1 garage?
2 A. Just different places on the concrete
3 floor.
4 Q. All negative?
5 A. Yes, sir.
6 Q. All right. Anything else that you
7 personally did as far as testing possible sites for
8 blood?
9 A. No, I don't recall any.
10 Q. All right. Rowlett police, do you
11 remember whether or not they actually did anything
out
12 there on June the 11th in your presence?
13 A. Well --
14 Q. I guess, at this point, let me just
15 ask you whether or not Rowlett ever went on the roof
of
16 that house?
17 A. Oh, I asked them what had been done up
18 to this point and they mentioned a list of things
and I
19 said, "Well, have you been on the roof?"
20 And so, they were to go on the roof
21 after we left.
22 Q. All right. Was there also some
23 discussion about actually taking the carpet up from
the
24 family room?
25 A. Yes, there was.
Sandra M. Halsey, CSR, Official Court Reporter
2812
1 Q. Okay. And what was your
2 recommendation regarding that?
3 A. I said it would be a good idea for
4 them to take it and for them to store it. "Don't
bring
5 it to me yet."
6 Q. Okay. All right. So, you recommended
7 the taking of the carpet in the family room, Kathryn
Long
8 took some blood samples, the testing, the presumptive
9 testing; Rowlett on the roof. Anything else that
you
10 recall happening on June 11th out there at the house?
11 A. Well, I went into the Jacuzzi area and
12 looked around.
13 Q. What did you find out there?
14 A. Nothing remarkable.
15 Q. Okay. Anything else?
16 A. Not that I recall.
17 Q. Okay. Let's go forward to November
18 the 21st of 1996, again did go out there to Eagle
Drive?
19 A. Yes, sir, I did.
20 Q. Okay. Again, were some Rowlett police
21 officers present, and was I also present at that
time?
22 A. Yes, sir.
23 Q. On that date, did have you occasion to
24 look at a section of the hallway wall close to the
family
25 room?
Sandra M. Halsey, CSR, Official Court Reporter
2813
1 A. Yes, I did.
2 Q. All right. And, did there appear to
3 be some blood stains on that part of the wall?
4 A. Yes, sir, there were.
5 Q. Did you collect some blood samples
6 from that area?
7 A. Not at that time, I took the wall
8 itself.
9 Q. Okay. Actually had it cut out of the
10 wall?
11 A. Yes, sir.
12 Q. All right. Did you yourself take any
13 blood samples from the residence on November 21st?
14 A. I took two additional stains that were
15 in the kitchen area. There is the light fixture,
which
16 sits on a wall opposite the kitchen sink. That light
17 fixture, on our first visit, we saw smeared blood,
and
18 Kathryn took some stains on that wall. On this visit,
I
19 took two more stains that were down low on the wall
below
20 this light switch.
21 Q. Okay. What was the purpose of taking
22 those?
23 A. Somebody would ask why didn't you if
24 you don't.
25 Q. Okay. So, all right. So beneath the
Sandra M. Halsey, CSR, Official Court Reporter
2814
1 light switch that had already been tested, you took
two
2 more blood samples, right?
3 A. Yes, sir.
4 Q. All right. Any other blood samples
5 that you took on that date?
6 A. May I check my notes?
7 Q. Sure.
8 A. Not on that day, no.
9 Q. Okay. Let me ask you about that
10 section of the wall that was taken from the hallway.
At
11 some later date, did you actually take some blood
samples
12 from that area?
13 A. Yes, I did.
14 Q. One last thing, on the 21st, did you
15 ever take some wood-chip material from outside the
house?
16 A. On November the 21st, and we were at
17 the third crime scene visit by me. Yes, I did. I
took
18 wood-chip material from around the front porch and
from
19 around the back near the window that was cut and
raised.
20 Q. All right. Now, let's move forward
21 now to November 26th, 1996. Again, did you go to
5801
22 Eagle Drive?
23 A. Yes, I did.
24
25 MR. DOUGLAS MULDER: What was that
Sandra M. Halsey, CSR, Official Court Reporter
2815
1 date?
2 MR. GREG DAVIS: The 26th of November.
3
4 BY MR. GREG DAVIS:
5 Q. Were the Rowlett police officers
6 present on that date, also?
7 A. Yes, sir, there were some.
8 Q. Was I also there out at the house?
9 A. Yes, you were.
10 Q. All right. On that date, did you have
11 occasion to look at a section of the wall in the
family
12 room?
13 A. Yes, sir.
14 Q. Would this be up close to the hallway
15 leading out of house, and would it be the wall, I
guess,
16 opposite from the windows?
17 A. Yes, sir.
18 Q. So, it's actually going to be part of
19 the wall between the formal living area and the family
20 room, right?
21 A. Yes, sir. We had actually noticed
22 some stains on this wall on the November 21st visit,
and
23 we elected to evaluate it further, later.
24 Q. All right. Did you have occasion to
25 take some blood samples from that part of the wall
on
Sandra M. Halsey, CSR, Official Court Reporter
2816
1 November 26th?
2 A. Yes, sir.
3 Q. And, on the 26th was that part of the
4 wall also taken out of the house, actually cut out?
5 A. Yes, sir.
6 Q. So, as I understand it, Mr. Linch, you
7 have been out at the house one, two, three, four times;
8 is that right?
9 A. That's right.
10 Q. Now, the four times that you have been
11 out there, I guess you have talked with me three
of those
12 times, right, out at the house?
13 A. Yes, sir.
14 Q. Okay. In addition to that, would it
15 be fair to say you and I have talked several times
about
16 this case, have we not?
17 A. That's right.
18 Q. In person and over the telephone?
19 A. Yes, sir.
20 Q. Since you have been here in Kerrville,
21 have we also met to discuss the case and what you
did and
22 your findings?
23 A. Well, we only met Thursday night, and
24 I talked to you by telephone last night.
25 Q. Right.
Sandra M. Halsey, CSR, Official Court Reporter
2817
1 A. But that is about the only contact we
2 have had.
3 Q. Let me ask about your contact with
4 people from the defense side in this case. When is
the
5 first time that you met with anybody who was employed
by
6 the defense in this case?
7 A. It would have been June 25th, 1996.
8 Q. Okay. And on that date, who did you
9 meet with?
10 A. I met with investigator Cliff Jenkins.
11 Q. All right. So Cliff Jenkins on June
12 25th, correct?
13 A. Yes, sir.
14 Q. How long was that meeting?
15 A. About two hours.
16 Q. All right. When is the next meeting
17 that you had with anyone from the defense?
18 A. That would have been July 16th, 1996.
19 Q. July 16th. Who did you meet with on
20 that day?
21 A. The attorneys were -- well, two
22 attorneys and their investigator again for three
hours.
23 Q. Okay. Was it any of the attorneys
24 seated over here presently in the courtroom?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
2818
1 Q. Okay. What were the names of the
2 attorneys that you met with from Dallas on July the
16th?
3 A. Mr. Wayne Huff and Mr. Doug Parks.
4 Q. And was Cliff Jenkins again also
5 present?
6 A. Yes, sir.
7 Q. Did you have discussions with those
8 three people on that date?
9 A. There was some discussion but their
10 primary reason to visit was to photograph all of
the
11 evidence that we had in this case.
12 Q. Okay. Did they do that?
13 A. Yes, sir.
14 Q. About how long were those three
15 gentlemen out there on July 16th?
16 A. About three hours.
17 Q. When is the next time that anybody
18 came out and talked with you from the defense?
19 A. August 23rd of 1996.
20 Q. All right. August 23rd. Who came out
21 on that date?
22 A. Again, the attorneys, Wayne Huff, Doug
23 Parks, Investigator Cliff Jenkins and two forensic
24 scientists came out to my laboratory.
25 Q. What were their names?
Sandra M. Halsey, CSR, Official Court Reporter
2819
1 A. Terry Labor and Bart Epstein.
2 Q. Okay. Had you ever met either of
3 those two fellows before?
4 A. I had never met either one. I had
5 talked to Terry Labor on the phone a number of years
ago.
6 Q. All right. On that date, did you
7 actually talk with the people who came out there to
visit
8 with you?
9 A. Oh, yeah.
10 Q. Okay. How long did they stay out
11 there with you?
12 A. It would be a minimum of three hours.
13 Q. Okay. Did they ask you questions?
14 A. Sure.
15 Q. Okay. Did they view any of the
16 evidence in this case that you had in your possession?
17 A. Yes, they did.
18 Q. Do you remember what they looked at
19 that day?
20 A. Mr. Epstein reviewed my microscopic
21 evidence using my microscope, all of the microscope
22 slides that I had prepared.
23 Q. Of what?
24 A. Screen material, hairs, fibers, glass
25 material.
Sandra M. Halsey, CSR, Official Court Reporter
2820
1 Q. All right. So that is what Mr.
2 Epstein did. What about Mr. Labor?
3 A. Mr. Labor's focus was more on the
4 blood evidence, the defendant's T-shirt, the Hoover
5 vacuum cleaner, and a maroon -- large maroon pillow.
6 Q. Okay. Did you make these items
7 available for their testing or for them to take
samples
8 for their own testing?
9 A. Yes, sir.
10 Q. Okay. Did you in any way limit the
11 number of samples that those men could take from
your
12 lab?
13 A. Oh, no.
14 Q. All right. That was just up to them
15 as to how much and from what they wanted to take
a
16 sample; right?
17 A. Well, actually, they had first shot at
18 the T-shirt.
19 Q. Okay. What you do you mean?
20 A. In terms of the type of evidence they
21 were evaluating, we had not gotten to that step of
our
22 evaluation yet. Do you want me to be more specific?
23 Q. Well, I guess. Had anybody from your
24 lab taken any samples from the T-shirt?
25 A. We had taken some but not in the areas
Sandra M. Halsey, CSR, Official Court Reporter
2821
1 of what is considered the area of expertise of blood
2 spatter analysis.
3 Q. Do you remember how many samples that
4 they took from the T-shirt?
5 A. At least four. I can tell you
6 specifically if you want me to look at my notes.
7 Q. Do you recall whether or not Mr. Labor
8 made a diagram of the T-shirt and samples that he
took?
9 A. Yes, he did.
10 Q. Okay. So Terry Labor actually took
11 samples from the T-shirt. How about from the other
12 items? Do you recall whether or not they took blood
13 samples or cross-samples from any of the other items
that
14 you had out there available for them?
15 A. They may have taken some from the
16 pillow, but I was not watching Mr. Labor as much
as I was
17 watching Mr. Epstein and helping him with the microscopy
18 comparison. I had my hands full.
19 Q. All right. That meeting lasted what,
20 about three hours?
21 A. As I recall, they arrived about 9 and
22 left about 11:30 or 12.
23 Q. Okay. By the way, has anybody, Terry
24 Labor, Bart Epstein, or anybody ever called you to
give
25 you the results of testing that they have done on
those
Sandra M. Halsey, CSR, Official Court Reporter
2822
1 samples?
2 A. No, sir.
3 Q. Do you know whether or not they have
4 actually even tested any of the samples that they
took
5 from you?
6 A. I don't know. I know that, well, Mr.
7 Epstein, when you sit on the microscope and you are
8 actually looking at things, you are doing a test,
but he
9 didn't really tell me what his opinion was.
10 Q. Okay. When is the next time that you
11 met with anyone from the defense?
12 A. I believe that would have been on
13 November 20th, 1996.
14 Q. Okay. November 20th. Who did you
15 meet with on that day?
16 A. The attorneys, Mr. Doug Mulder,
17 Richard Mosty, Lloyd Harrell and the attorney who
is
18 seated, I don't recall his name.
19 Q. Okay. Curtis Glover, back here?
20 A. Blue tie?
21 Q. The distinguished looking gentlemen
22 back here?
23 A. No, the tall one here.
24 Q. Oh, are you talking about Preston?
25 A. That man, yes.
Sandra M. Halsey, CSR, Official Court Reporter
2823
1 Q. Okay. And, that meeting take place
2 out there at your lab again?
3 A. Yes, it did.
4 Q. All right. How long for this meeting?
5 A. It was about three hours.
6 Q. Okay. Discussions that day?
7 A. Sure.
8 Q. Questions that day?
9 A. Sure.
10 Q. Okay. Did you have any evidence out
11 there for them to look at that day?
12 A. I don't think we looked at any actual
13 evidence items. I did some drawings on the chalk
board.
14 Q. Did some drawings?
15 A. At the chalk board in our conference
16 room.
17 Q. Okay. Who was making the drawings?
18 You?
19 A. Yes, sir.
20 Q. What were you drawing?
21 A. I was drawing window screens and how
22 they are made, outlines of the interior of the house,
and
23 the defendant's T-shirt.
24 Q. Okay. All right. So three hours on
25 November 20th. When was the next time that you met
with
Sandra M. Halsey, CSR, Official Court Reporter
2824
1 anyone from the defense?
2 A. That would have been December 19th,
3 1996.
4 Q. Who did you meet with on December 19?
5 A. That was Lloyd Harrell.
6 Q. Okay. The gentleman back here in the
7 corner; is that right?
8 A. Yes, sir.
9 Q. Okay. And where did that meeting take
10 place?
11 A. That took place at my laboratory,
12 upstairs in the conference room.
13 Q. How long was that meeting?
14 A. Two to three hours, I don't recall
15 exactly.
16 Q. All right. Do you remember what
17 subjects were covered during that meeting?
18 A. His primary interest was to try to
19 learn how our evidence numbers translate to other
20 laboratory evidence numbers and exactly what number
21 corresponded to what item.
22 Q. Okay. Anything else occur during that
23 meeting?
24 A. I showed him the defendant's T-shirt.
25 Q. All right. Any discussion about the
Sandra M. Halsey, CSR, Official Court Reporter
2825
1 T-shirt once you brought it out?
2 A. Yes.
3 Q. Questions asked?
4 A. Yes.
5 Q. Did you answer questions?
6 A. Yes.
7 Q. That meeting took how long?
8 A. About two to three hours.
9 Q. Did you have any more meetings with
10 anyone from the defense after December 19th?
11 A. New Year's Eve, December 31st.
12 Q. All right. New Year's Eve. Again, in
13 your lab in Dallas?
14 A. Yes, sir.
15 Q. Who met with you on New Year's Eve?
16 A. Mr. Mulder, Mr. Mosty and Mr. Harrell.
17 Q. All right. How long was this meeting?
18 A. That went from about 2:30 until about
19 6:00 P.M.
20 Q. Okay. What subjects were covered
21 during that three to three-and-a-half-hour meeting?
22 A. Defendant's T-shirt, screens, window
23 screens, just the whole gamut of -- you know, the
24 questions come so fast, it's hard to stay oriented
about
25 it. A little bit about everything about the case.
Sandra M. Halsey, CSR, Official Court Reporter
2826
1 Q. During that meeting on December 31st,
2 did you have any discussions with any of the attorneys,
3 either Mr. Mulder or Mr. Mosty or the investigator,
Mr.
4 Harrell concerning additional physical evidence to
be
5 tested in this case?
6 A. I'm sorry. Could you repeat that?
7 Q. Yes. During that meeting on New
8 Year's Eve, did you have any discussions with them
about
9 possible testing of additional physical evidence?
10 A. Oh, yeah.
11 Q. Okay. What was that discussion?
12 A. Well, toward the end of our meeting I
13 asked them if they felt like there was additional
14 physical evidence in this case that had not been
examined
15 or that I was not aware of.
16 Q. What did they say?
17
18 MR. JOHN HAGLER: Excuse me, your
19 Honor, I'll object to hearsay.
20 THE COURT: Overruled. Go ahead.
21 THE WITNESS: There was no answer.
22
23 BY MR. GREG DAVIS:
24 Q. No answer?
25 A. That's right.
Sandra M. Halsey, CSR, Official Court Reporter
2827
1 Q. Okay. After New Year's Eve, had you
2 had any other conversations with any of the attorneys
or
3 investigators representing the defendant in this case?
4 A. Yes, sir.
5 Q. Okay. When was that?
6 A. Last Thursday night I received a call
7 from Mr. Mosty.
8 Q. Okay. And, was that down here while
9 you were in Kerrville?
10 A. Yes, sir.
11 Q. Last Thursday night?
12 A. Right.
13 Q. What was that phone call about?
14 A. He wanted to make clear --
15
16 MR. JOHN HAGLER: Your Honor, we will
17 object to any testimony from this witness. It's clearly
18 hearsay under Rule 802, your Honor.
19 THE COURT: Overruled. He can
20 rephrase the question if he wants to. Go ahead.
21
22 BY MR. GREG DAVIS:
23 Q. Well, let me just ask you: You had a
24 conversation with Mr. Mosty on the phone, correct?
25 A. That's right.
Sandra M. Halsey, CSR, Official Court Reporter
2828
1 Q. Did it concern reports in this case?
2 A. Not material in a report but my
3 findings from some testing I had done.
4 Q. Okay. What type of testing?
5 A. I did some testing of cutting window
6 screens with knives and the occurrence of material
on the
7 knife was the point of his questions.
8 Q. All right. Okay. Any other
9 additional contact from anybody from the defense since
10 last Thursday?
11 A. No, sir.
12 Q. Now, have you ever received any
13 physical evidence from anyone representing the defendant?
14 I'm talking about attorneys, investigators, anybody,
15 whether you met with them or not, have you received
any
16 physical evidence that they have asked you to test
or to
17 analyze or to look at?
18 A. No, sir.
19 Q. Now, Mr. Linch, in this case, in
20 addition to your trips out there to Eagle Drive,
have you
21 also received certain items from other agencies for
22 analysis and testing?
23 A. Yes, sir, from the Rowlett Police
24 Department.
25 Q. All right.
Sandra M. Halsey, CSR, Official Court Reporter
2829
1 A. And from our medical examiner's staff.
2 Q. Okay. For instance, have you received
3 head hair belonging to the defendant, Darlie Routier,
to
4 Darin Routier, Devon Routier and Damon Routier?
5 A. Yes, sir.
6 Q. By the way, have you ever met with the
7 defendant in this case?
8 A. Yes, I have.
9 Q. Okay. When did you meet with her?
10 A. She came to the Institute with her
11 husband and infant, Drake, on June 11th, 1996.
12 Q. Okay. Do you see the defendant in the
13 courtroom this morning?
14 A. Yes, I do.
15 Q. Okay. Could you please point her out?
16 A. She is seated in the green dress with
17 the gold buttons.
18
19 MR. GREG DAVIS: Your Honor, may the
20 record please reflect this witness is identifying
the
21 defendant in open court.
22 THE COURT: Yes, sir.
23 MR. GREG DAVIS: Thank you.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2830
1 BY MR. GREG DAVIS:
2 Q. All right. So you got the head hair
3 from these four individuals. You have also received
4 certain evidence from Rowlett PD, correct?
5 A. That's right.
6 Q. And you yourself have actually taken
7 samples or evidence from 5801 Eagle Drive back to
your
8 lab for your own analysis; is that right?
9 A. Yes, sir.
10 Q. Okay. Mr. Linch, let me show you
11 State's Exhibit No. 122. That would be a diagram
of 5801
12 Eagle Drive.
13
14 (Whereupon, the following
15 mentioned items were
16 marked for
17 identification only
18 as State's 111-A,B,C & D,
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
2831
1 BY MR. GREG DAVIS:
2 Q. Now, sir, let me direct your attention
3 to certain blood samples here, labeled No. 110 and
111.
4 Are those blood samples that you took from underneath
the
5 light switch in the kitchen on November 21st, 1996?
6 A. Yes, they are.
7 Q. Do you see certain blood samples here
8 on a wall that have been labeled as TB's. I believe
9 there's 5 of them. Are those samples that you took
from
10 the wallpaper on the wall in the family room?
11 A. Yes, they are.
12 Q. Okay. There are three other
13 additional samples that are label TBCL. Are those
blood
14 samples that you took from the section of the wall
that
15 was removed from the hallway?
16 A. Yes, they are.
17 Q. Okay. Did you take any other blood
18 samples shown here?
19
20
21 (Whereupon, the following
22 mentioned item was
23 marked for
24 identification only
25 after which time the
Sandra M. Halsey, CSR, Official Court Reporter
2832
1 proceedings were
2 resumed on the record
3 in open court, as
4 follows:)
5
6 BY MR. GREG DAVIS:
7 Q. Let me direct your attention to the
8 two blood samples that are listed as 105. Do you
9 recognize those?
10 A. Yes, I do.
11 Q. Okay. Did you take those from a part
12 of the carpet in the family room?
13 A. Yes, I did.
14 Q. There is one additional, and we will
15 talk about this a little bit later, but did you also
take
16 a blood sample from a vacuum cleaner in this case?
17 A. I never removed any blood from a
18 vacuum cleaner.
19 Q. Okay. Did Kathryn Long then take all
20 of the blood samples that would have been removed
from
21 that vacuum cleaner?
22 A. Yes, sir.
23 Q. Okay. Any other blood samples on this
24 diagram that you took?
25 A. Not that I physically took. There's
Sandra M. Halsey, CSR, Official Court Reporter
2833
1 some that I asked to be taken.
2 Q. Right. By Kathryn long?
3 A. Kathryn Long and Rowlett Police
4 Department.
5 Q. Okay. Let's talk about some of the
6 evidence that you received in this case, had a chance
to
7 look at. For instance, have you had an opportunity
to
8 examine State's Exhibit No. 93, the vacuum cleaner?
9 A. Yes, I have.
10 Q. Okay. And, did you have an
11 opportunity to examine it for evidence of blood?
12 A. Yes, I was present when that was done.
13 Q. All right. And what was the result of
14 your inspection?
15 A. Well, the swabbing and testing that,
16 starting from the bottom up, the wheels of the vacuum
17 cleaner did not appear to have blood present, but
when
18 you swab them and do a presumptive test, you get
a
19 reaction for presumptive blood presence. There are
a
20 number of blood drops on the vacuum cleaner, that
were
21 further tested for genetic markers.
22 Q. All right. Let me just stop you there
23 then. Okay. Let's talk about the rollers to the vacuum
24 cleaner.
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
2834
1 Q. On this date, the back ones have been
2 taped; is that right?
3 A. That's right.
4 Q. When you looked at them, was there any
5 tape on the rollers?
6 A. No.
7 Q. Okay. Four rollers on this vacuum
8 cleaner, right?
9 A. That's right.
10 Q. As we look at the rollers, is it your
11 testimony that when you looked at them you couldn't
see
12 any blood?
13 A. Wasn't really visible, it didn't jump
14 out and say, "Here's blood."
15 Q. So what did you do with the four
16 rollers?
17 A. They were swabbed and tested with our
18 chemical for presumptive blood.
19 Q. Okay. What was the result of the
20 presumptive test for blood on these four rollers?
21 A. They were positive.
22 Q. Okay. Was the blood just present on a
23 part of the rollers? Or tell me about the blood,
the
24 presumptive tests.
25 A. Well, when you do the swabbing, you
Sandra M. Halsey, CSR, Official Court Reporter
2835
1 are swabbing the entire item so you don't know if
it's
2 just in a focal area or the whole thing is smeared.
If
3 you sat there and dabbed each square centimeter
of it, we
4 would still be sitting there dabbing it. So, I can't
5 tell you exactly what was positive.
6 Q. Okay. The whole surface though --
7 basically, did you take the whole outside of each
roller?
8 A. Yes.
9 Q. All right. Was there blood found
10 along the entire path of the rollers?
11 A. Well, the rollers that were positive
12 were the two in the back, the larger wheels.
13 Q. Okay. Was blood around those?
14 A. Yes, sir.
15 Q. Okay. Would the presumptive
16 locations, would they be consistent with this vacuum
17 cleaner having been rolled through blood?
18 A. Sure.
19 Q. Next, let's talk about a baseball cap.
20 Did you receive a black, child's baseball cap with
the
21 logo, Planet Hollywood?
22 A. Yes, sir, I did.
23 Q. Okay. And what did do you with that
24 cap once you received that from Rowlett Police
25 Department?
Sandra M. Halsey, CSR, Official Court Reporter
2836
1 A. I examined it for hairs and fibers.
2 Q. Okay. Did you find any hairs or
3 fibers either on the outside of the cap or on the
inside
4 of the cap?
5 A. Yes, sir, both actually.
6 Q. Okay. What did you find on the
7 outside of the cap?
8 A. On the outside there were numerous
9 domestic animal hairs. By that, I mean dog or cat.
I'm
10 finished. I'm just looking.
11 Q. Okay. I'm sorry. All right. Well,
12 let's go on to the inside of the cap then. Did you
see
13 anything in there?
14 A. Yes, sir.
15 Q. Recover anything?
16 A. Yes, sir.
17 Q. What did you see and recover there?
18 A. There were two head hairs that were
19 microscopically similar to Devon Routier.
20 Q. Okay. So, two head hairs and you
21 compared them to the known head hair of Devon Routier;
is
22 that right?
23 A. Yes, sir.
24 Q. And they were microscopically
25 consistent with being that of Devon Routier; is that
Sandra M. Halsey, CSR, Official Court Reporter
2837
1 right?
2 A. That's right.
3 Q. Did you do anything else with the
4 baseball cap?
5 A. It was then transferred to the
6 serology unit to be tested for blood.
7 Q. Okay. That would be something Kathryn
8 Long would do, for samples?
9 A. Yes, sir.
10 Q. All right. Now, let's go to a sock.
11 Were you given a white, adult size tube sock by the
12 Rowlett Police Department?
13 A. Yes, I was.
14 Q. Okay. And, did you do the same thing
15 with the sock that you had done with the cap, did
you
16 look for hairs and fibers?
17 A. Yes, I did.
18 Q. Okay. Can you tell us what you found,
19 if anything, on the sock?
20 A. There was a variable accumulation of
21 hairs and fibers on the sock.
22 Q. Okay. What kind of hairs did you find
23 on the sock?
24 A. There were Caucasian limb hairs. By
25 that, I mean leg or arm. Really, when you find a
hair
Sandra M. Halsey, CSR, Official Court Reporter
2838
1 you can't tell if it came from the leg or arm, but
in a
2 sock you would be thinking leg.
3 There was a deer family hair and by
4 that, a deer family includes deer, antelope, elk.
Their
5 hairs microscopically look very, very similar to each
6 other so you can only say deer family instead of
white
7 tail deer versus antelope.
8 There were synthetic fibers. There
9 was one polyester type that was the same as a particular
10 shoe insole. There were dark synthetic fibers that
were
11 microscopically the same as a particular shoe interior.
12 Q. Okay. Any domestic animal hairs?
13 A. Yes, sir.
14 Q. All right. Again, would they be
15 consistent with a cat or a dog?
16 A. Right.
17 Q. By the way, when you looked inside the
18 Routier home, did you see evidence of domestic animal
19 hairs on the floor?
20 A. Oh, yeah.
21 Q. Okay. A little bit, a lot, how would
22 you categorize it?
23 A. A lot.
24 Q. Okay. All right. Now, let me go back
25 to this limb hair. Is there a difference microscopically
Sandra M. Halsey, CSR, Official Court Reporter
2839
1 between head hair and limb hair?
2 A. Oh, yes.
3 Q. Okay. I take it, you can do a
4 microscopic comparison between head hairs, can't you?
5 A. In forensics, microscopy, we only
6 compare head hair to head hair and pubic hair to
pubic
7 hair.
8 Q. Why not limb hair?
9 A. There is simply not enough variation
10 to come to a meaningful conclusion. It's very likely
11 that my arm hairs under a microscope look like your
arm
12 hairs under a microscope. So, other than making a
13 determination about racial origin, it's not a productive
14 thing to do.
15 Q. Okay. So on this one, did you do any
16 microscopic comparisons with the Caucasian limb hair
that
17 you had seen?
18 A. Yes, I took a look.
19 Q. All right. What did you see?
20 A. Limb hair, Caucasian.
21 Q. Okay. I guess that was a stupid
22 question. Let me try again. How about the deer hair,
23 did you do any microscopic comparisons with it?
24 A. Yes, I did.
25 Q. And the result, deer hair?
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2840
1 A. Well, it's not a fully intact deer
2 family hair. The root is missing. It's been broken
off
3 down near the root.
4 Q. Okay. Now, you had also mentioned
5 that you found certain fibers; is that right?
6 A. Yes, sir.
7 Q. And, did you have occasion to receive
8 two Reebok tennis shoes from the Rowlett Police
9 Department?
10 A. Yes, I did.
11 Q. And, did you have occasion to examine
12 them for fiber materials?
13 A. Yes, sir.
14 Q. Okay. What types |