Volume 39

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. 39 OF 53 VOLS.
16 January 22, 1997
17 Wednesday
18
19
20
21
22
23
24
25
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1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Wednesday, the 22nd 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
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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
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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
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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
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1 P R O C E E D I N G S
2
3 January 22nd, 1997
4 Wednesday
5 9:00 a.m.
6
7
8 (Whereupon, the following

9 proceedings were held in
10 open court, in the presence
11 and hearing of the

12 defendant, being
13 represented by her attorneys
14 and the representatives of
15 the State of Texas, but
16 outside the presence of the
17 jury, as follows:)
18
19

20 THE COURT: All right. Let the record
21 reflect that these proceedings are being held outside of
22 the presence of the jury and all parties in the trial are
23 present. Go ahead, Mr. Hagler.
24 MR. JOHN HAGLER: Yes, your Honor, in
25 addition to our objections to Mr. Bevel's testimony that
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1 we have already set forth in the record, we would also
2 object to any of his testimony regarding blood typing,
3 the type of blood and the source of the blood that came
4 from State's Exhibit 25, the T-shirt. We have already

5 raised our objections to that, as to the chain of custody
6 and the contamination.
7 THE COURT: All right. Overruled.
8 Thank you.
9 MR. JOHN HAGLER: Could we have a
10 running objection?
11 THE COURT: A running objection.
12 All right. Let's bring the jury in.
13
14 (Whereupon, the jury

15 Was returned to the
16 Courtroom, and the
17 Proceedings were

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

24 THE COURT: All right. Good morning,
25 ladies and gentlemen. Let the record reflect that all
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1 parties in the trial are present and the jury is seated.
2 Mr. Davis.
3 MR. GREG DAVIS: Yes, sir. Thank you.
4
5 Whereupon,
6
7 MR. TOM BEVEL,
8
9 resumed the witness stand, as a witness, for the State of
10 Texas, having been previously duly sworn by the Court to
11 speak the truth, the whole truth, and nothing but the

12 truth, testified further in open court, as follows:
13
14
15 DIRECT EXAMINATION (Resumed)
16
17 BY MR. GREG DAVIS:
18 Q. Mr. Bevel, yesterday, as we were
19 leaving, we were talking about the vacuum cleaner,

20 State's Exhibit No. 93, and you described the blood that
21 you found on that vacuum cleaner. Would the blood that
22 you found on the vacuum cleaner, would it be shown here
23 in the photographs?
24 A. Yes, sir.
25 Q. That I'm holding, State's Exhibit 46-A
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1 through 46-G?
2 A. Yes, sir. That would be correct.
3 Q. Okay. Again, the top two show the
4 blood on the handle; is that right?
5 A. Yes, sir.
6 Q. Okay. And then we have additional

7 photographs. You talked about a plastic covering over
8 the bag portion. Would that be in State's Exhibit 46-C?
9 A. That is correct, sir.
10 Q. And then the other photographs, D and
11 E, would they show the back portion of the vacuum cleaner
12 that would be exposed when it is laying on the floor?
13 A. That's correct, sir.
14 Q. And finally, F and G, would they show
15 the base, and the drops that you saw there on the base,
16 sir?
17 A. Yes, sir.
18 Q. All right. Mr. Bevel, I want to now
19 turn your attention to the utility room again, and, do

20 you recall in your review in this case examining a
21 photograph of the utility room door leading into the
22 garage, sir?
23 A. Yes, sir, I do.
24
25 (Whereupon, the following
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1 mentioned item was
2 marked for
3 identification only
4 after which time the
5 proceedings were

6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Take a look at State's Exhibit 132.
12 Do you recognize that photograph, sir?
13 A. Yes, sir, I do.
14 Q. Is that one of the crime scene
15 photographs that you reviewed in Dallas, taken by the
16 Rowlett Police, on June the 6th of 1996, sir?
17 A. Yes, sir.
18 Q. Okay.
19
20 MR. GREG DAVIS: Your Honor, at this
21 time, we will offer State's Exhibit 132
22 MR. RICHARD C. MOSTY: No objection.
23 THE COURT: State's Exhibit 132 is
24 admitted.
25
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1 (Whereupon, the item
2 Heretofore mentioned

3 Were received in evidence
4 As State's Exhibit No. 132
5 For all purposes,
6 After which time, the
7 Proceedings were resumed
8 As follows:
9
10 BY MR. GREG DAVIS:

11 Q. Mr. Bevel, again let me show this to
12 you first, do you recognize that to be the utility room
13 door?
14 A. I do, sir.
15 Q. Okay. And, as I show this to the

16 jury, would you describe for us please, what we see on
17 this photograph.
18 A. Yes, sir. There is blood that is
19 exhibited on the edge of the doorway. There is a
20 transfer, as well as what is referred to as a blood run.
21 The blood is voluminous enough that
22 instead of just simply transferring to the door, it is
23 continuing to run down the door as gravity is pulling on
24 it.
25 Q. The blood we see here on the door,
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3331

1 would it be consistent with an individual holding or
2 touching this door while they have blood on their hands,
3 sir?
4 A. Yes, sir, that would be consistent.
5 Q. All right. And the drippage, do we
6 see that going down toward the actual locking mechanism
7 of the door?
8 A. That's correct sir.
9 Q. Now, sir, I want you to assume for me
10 for a moment, Mr. Bevel, that the individual -- an

11 intruder who had stabbed two children, and had also
12 attacked another individual, is running through the
13 kitchen, into the utility room door, and at the point

14 that they reach this door, sir, they still have enough
15 blood on their hands to cause this transfer smear on this
16 door, and to cause this drippage. Okay?
17 A. Yes, sir.
18 Q. Given that scenario, sir, would you
19 expect that intruder to still have blood on at least one
20 of his hands at the time that he enters into the garage
21 area?
22 A. Under that scenario I certainly would.
23 Q. Why would you expect that that person
24 would still have some blood on his hands, even after
25 leaving this kind of stain on the door?
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3332

1 A. To leave that volume of blood that is
2 on this door, it certainly would be an indication of a
3 good volume of blood on the hand. You never have a
4 complete transference of the primary area that has the
5 blood to a secondary area. There will always be
6 evidence, and in most cases, the volume of blood on the
7 original item will still be greater than that on the
8 secondary item that is touched.
9 Q. Okay. Now, I would like for you to
10 assume that that same intruder, with blood on his hands,
11 still as he goes through the garage, if he touched the

12 window, the point of exit, or the window screen, or if he
13 got out into the back yard and touched the gate, or the
14 fence in order to leave that back yard, would you expect
15 another transfer from his hand onto one of those objects?
16 A. Anything that he is touching with that
17 hand, I would certainly anticipate there would be
18 evidence of it.
19 Q. Okay. Mr. Bevel, I now want to turn
20 your attention to another item, a sock, a white tube sock
21 recovered down the alley in this case. Are you familiar
22 with the sock that I am talking about?
23 A. I am, sir.
24 Q. Have you had an opportunity to look at
25 that sock or to look at photographs of that sock?
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1 A. I have.
2 Q. And, did you notice a blood stain on
3 that sock?
4 A. Yes, sir.
5 Q. How would you characterize the blood
6 stain that you see on that sock?
7 A. It is in two different locations. If
8 you had the sock on, and what would normally be the sole,
9 or the part if you were walking it becomes slightly
10 soiled.
11 There is an area of blood there that
12 is consistent with a very light transfer. And then, if
13 you were to, again, imagine the sock on your foot, if you
14 were to come up to the side of the foot.
15 In other words, that area does not
16 touch the first thing that we're referring to. There is
17 an area in between, that there is no blood connected to.
18 So we have one that is down here, and another one that is
19 up towards the edge in the sock, as you would normally
20 wear it.
21 Again, it is a light transfer of blood
22 that comes from some other area and then getting on to
23 the sock area.
24 Q. Okay. Just so I understand then, you
25 have got two areas of stain on the sock, is that right?
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3334

1 A. Yes, sir.
2 Q. All right. If I was wearing that sock
3 today with the shoes that I'm wearing here today, just
4 low top shoes, okay, would either of those stains

5 actually be visible without me taking off my shoe?
6 A. They would not.
7 Q. Okay. So, do I understand you to say
8 that in order for that stain to be exposed, I would have
9 to take off my shoe, in order for that stain to be seen;
10 is that right?
11 A. Yes, sir.
12 Q. Would you expect -- and I want you to
13 now assume again, that an intruder is wearing that sock,
14 that he is wearing low top shoes, either tennis shoes or
15 leather shoes. That he goes in, he stabs a child four
16 times in the back, that he stabs another child twice in
17 the chest, and then he inflicts a neck wound, a shoulder
18 wound, and an arm wound to another adult victim, gets

19 into a struggle while holding a knife, and then leaves
20 through the kitchen, the utility room, and then either
21 drops or throws the knife down in the utility room.
22 Would you expect the stains that you

23 saw on that sock to be produced by that sort of action on
24 the part of the intruder? Would the sock be exposed, so
25 that those stains could be produced?
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3335

1 A. No, sir, they would not.
2 Q. Okay. Why not?
3 A. The shoe was covering that area that
4 would be exposed to where the blood is getting to on the
5 sock. The shoe would simply have to be off.
6 Q. Okay. The shoe would have to be off?
7 A. Yes, sir.
8 Q. Well, let me change the scenario a

9 little bit. This time I want you to assume that the
10 intruder, as he comes into the house, is wearing the sock
11 over his hand.
12 That as he comes into the house, he is
13 now wearing the sock on his hand, he now stabs the child
14 four times in the back. He then stabs a child twice in
15 the chest, and finally, after both children have been
16 stabbed, he goes to an adult, and inflicts a slash wound
17 across the neck, a wound to the left shoulder area, and a
18 wound to the right arm area.
19 That he then wears that sock during a
20 struggle with that adult. That he is carrying a bloody
21 knife in that hand, and that as he leaves the residence
22 again, he drops or throws the knife down on the utility
23 room floor, and then leaves the residence, and then three
24 houses down, drops the sock in the alley. Okay?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
3336

1 Q. Under that scenario, what blood would
2 you expect to see on that sock when it is recovered in
3 that alley way?
4 A. I would expect to see the possibility
5 of blood actually from any one of the three victims.

6 There is a greater probability that the person who is
7 offering the greatest resistance, is going to have a

8 heightened opportunity to deposit blood on to the sock.
9 So, in the scenario given, I would
10 anticipate that I would find more blood from the adult
11 victim that you described, as opposed to the younger

12 victims.
13 Q. In this case, sir, are you aware that
14 there were only two blood types detected on that sock,
15 and they both belong to the two children in this case,
16 Devon and Damon Routier; are you aware of that?
17 A. I am.
18 Q. Are you aware that there was no blood
19 found on the sock belonging to Darlie Routier?
20 A. I am, sir.

21 Q. Would you expect to see that under the
22 scenario that I have just given to you, assuming that the
23 two children attacked, in my scenario, were Devon and
24 Damon Routier, and that the adult that was attacked and
25 resisted, or struggled with the intruder was Darlie
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1 Routier, would you expect to see only the two boys' blood
2 on that sock?
3 A. I would expect to see hers also.
4 Q. Now, Mr. Bevel, I want to turn your
5 attention to a T-shirt. That T-shirt has been marked as
6 State's Exhibit No. 25.
7 Let me show you State's Exhibit No. 25
8 and ask you, prior to your testimony today, if you have
9 had an opportunity to inspect and exam this T-shirt, sir?
10 A. I have, sir.
11 Q. Okay. When is the first time that you
12 have had a chance to look at the T-shirt?
13 A. The first time I saw it was on
14 September the 11th.
15 Q. Okay. And, was that in the Dallas
16 County Courthouse?
17 A. That is correct, sir.
18 Q. Okay. And, at the time that you
19 examined the T-shirt, did it appear to you that certain
20 samples had already been taken from the T-shirt for
21 testing?
22 A. Yes, sir, that is correct.
23 Q. And, do you recall what samples had
24 actually been taken?
25 A. I just recall that samples had been
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3338

1 taken. I couldn't tell you exactly which ones.
2 Q. All right. When you looked at the
3 T-shirt then, on September the 11th, did you determine

4 that additional samples should be taken from the T-shirt?
5 A. I did.
6 Q. And, how did you chose the areas that
7 you wanted us to test for DNA?
8 A. By looking at the over-all T-shirt,
9 front and back, and trying to find stains that, number 1,
10 that were not totally blood soaked.
11 In the areas that were totally blood
12 soaked, that is about all that you can really say about
13 it. Even if it's a mixture of blood, it's just simply

14 blood soaked, and we were trying to identify blood that
15 you can have a history of, an occurrence that could have
16 produced it.
17 So I'm looking for either blood
18 spatter, or blood cast off, which is usually looking for
19 the stains that are somewhat smaller, and certainly have
20 gotten there, as a result, not of just simply a blood

21 soak, or a transfer, but from an action, such as force
22 being applied, or an object being swung.
23 Q. Okay. So, you are differentiating
24 between a blood soak and a transfer, versus a cast-off or
25 a spatter; is that correct?
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3339

1 A. That's correct.
2 Q. Again, what would be the significance
3 or the value of seeing a cast-off or a spatter, as
4 opposed to the others?
5 A. If you find spatter or cast-off on an
6 item that is going to place the person within a relative
7 area where an occurrence is actually taking place.
8 That could be somebody who is just
9 simply close enough to get spatter on them. It could
10 also be indicative of a person who is a person creating
11 this spatter or the cast-off.
12 Q. And, I want to ask you, in particular
13 about a sample. I believe that you labeled 3-TB, and I
14 believe it's also been labeled as T-10. Do you see this
15 stain, sir, or where this sample has been taken?
16 A. Yes, sir, I do.
17 Q. Okay. And, on the right upper
18 shoulder area; is that right?

19 A. Yes, sir.
20 Q. Is there also another stain here, down
21 approximately three inches or maybe four inches downward,
22 that have you labeled as TB-2, T-9?
23 A. Yes, sir, that's correct.
24 Q. Again, these are basically on the
25 right shoulder area, of the front of the T-shirt; is that
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3340

1 right?
2 A. Yes, sir.
3 Q. Are those two of the samples that you
4 indicated that you wanted to see tested in this case?
5 A. Yes, sir, that's correct.
6 Q. And as you looked at those two blood
7 spots, how -- what did they appear to you to be?

8 A. They appeared to be one of two
9 possibilities, that is either a spatter or a cast-off.
10 Usually cast-off will be a little bit greater in volume
11 than spatter. These were directional, and consistent

12 with an occurrence taking place, which would either cast
13 or spatter the blood.
14 Q. Okay. You said that they appear to be
15 directional. What do you mean by that?
16 A. If you have, for example, a blood
17 droplet, if it's falling through space, if it lands on my
18 hand, and it's in a horizontal position, it's likely to
19 be circular.
20 But, as I start angling my hand, and
21 the blood hits it, because of the surface tension of the
22 blood droplet interacting with the friction created by my
23 hand, and inertia trying to keep the blood to continue
24 going the same direction and speed, and this being a
25 liquid, eventually it will form a point.
Sandra M. Halsey, CSR, Official Court Reporter
3341

1 Well, blood points in the direction of
2 travel. That is what we are referring to with
3 directionality. We're talking about the direction that
4 the blood is actually traveling.
5
6 MR. RICHARD C. MOSTY: Mr. Davis,
7 would you give me those two numbers again?
8 MR. GREG DAVIS: Yes, sir, those are
9 going to be TB-3 will be T-10 and TB-2 will be T-9
10 MR. RICHARD C. MOSTY: Thank you.
11
12 BY MR. GREG DAVIS:
13 Q. Mr. Bevel, I'm now holding photographs
14 120-A and 120-B. Do you see those photographs, sir?
15 A. Yes, sir.
16 Q. If you wouldn't mind, if you could
17 step down here for the jury and let's go over, TB-2 and
18 TB-3 here.
19 State's Exhibit 120-A does this show
20 the stain that you marked as 3-TB?
21 A. Yes, sir, it does.
22 Q. Okay. And that is also later
23 identified as T-10; is that right?
24 A. Yes, sir, that's correct.
25 Q. Okay. Describe this stain, if you
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3342

1 would, and tell the members of the jury what that stain
2 says to you, as a blood stain analyst, sir?
3 A. Yes, sir. The stain has a direction
4 of travel going from -- as I am looking at it from the
5 bottom portion of the photograph with an upward
6 trajectory and going slightly to the left.
7 There is a possibility that that is

8 two stains. One coming in conjunction with another one,
9 because of how they possibly over lay, and I'm not able
10 to say that it's either one or two, but both of them, or
11 one stain, all that has the long axis, and that is what
12 we have to identify, is the long axis of a stain will

13 help us to identify the direction that it is going.
14 Q. Okay. When you talk about the long
15 axis, are you talking about this direction, up and down
16 axis?

17 A. Yes, sir. On a blood stain, the short
18 axis would be basically the shortest dimension of the

19 actual measurement of the stain, and then as it becomes
20 elongated, if it's not a 90 degree, then that is what
21 we're referring to as the long axis, is the longer
22 measurement of the geometry of the stain.
23 Q. Okay. Now looking at TB-2, which is
24 T-9, describe for us what we see with this particular
25 blood stain?
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3343

1 A. Okay. On this blood stain, again, we
2 have a direction that is coming from down to up. This

3 one is also, slightly going a little bit to the left as
4 you are looking at the photograph, and once again we have
5 a stain, that it could be either two stains, or it could
6 be one stain. And again, the reason I'm saying that is,
7 you go to the end of the long axis on the larger stain,
8 to the bottom there is additional stains that is up
9 above, that can either be an additional stain that is
10 touching, or it can be simply a continuation.
11 A lot of times on fabric it's
12 difficult to make that determination. So the only thing
13 I can say is, that if it is two, they are still
14 indicative of going in an up and down direction, even if
15 it is one stain, it is still indicative of going with an
16 upward trajectory.
17 Q. Okay. Now, you see the results here
18 that we indicate on 3-TB, which is T-10, we show that to
19 be a mixture of the blood of Devon Routier and Darlie
20 Routier, and T-9 or TB-2, that is marked as a mixture of
21 Darlie Routier and Damon Routier?
22 A. Yes, sir.
23 Q. Now, Mr. Bevel, let me ask you, let's
24 talk about each of these stains. Using State's Exhibit
25 No. 67?
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3344

1 A. Yes, sir.
2 Q. Okay. Let me ask you, sir, whether or
3 not, first of all 3-TB, which is T-10 that is the mixture
4 between Devon and Darlie Routier. If that stain, as we

5 see it in State's Exhibit 120-A would be consistent with
6 the defendant in this case, kneeling down over the body

7 of Devon Routier, and with two motions, raising the knife
8 up, stabbing him in the chest, then withdrawing the knife
9 up, and then striking again in the chest, and stabbing
10 and then withdrawing the knife again, after that second
11 stab wound.
12 Would that stain here on 120-A be
13 consistent with that sort of motion by the defendant with
14 State's Exhibit No. 67?
15 A. It certainly could be consistent. I
16 think we need an explanation here, however.
17 Q. Yes, sir. Why do you think it's
18 consistent with that?
19 A. Well, again as you are coming back,

20 you can certainly have blood stains that are being cast
21 off of the weapon, and they could be cast off, certainly
22 going in front of you, coming back towards you, or it
23 could also go back behind you.
24 But it certainly is consistent with
25 stains that can be cast off. And the explanation that I
Sandra M. Halsey, CSR, Official Court Reporter

3345

1 think that is needed here, since we have again two blood
2 types. If it is two separate stains, then obviously, she
3 has to also be bleeding.
4 If it is one stain, and I cannot make
5 that determination, she still has to be bleeding, but
6 it's a mixture with her blood, with the other blood and

7 again, I'm not -- with that stain, able to say which it
8 is.
9 Q. Okay. Now, when you talk about cast
10 off with this sort of motion coming back, what is the
11 blood casting off of? What is it coming off of to land
12 here on this shirt?

13 A. Well, there's two areas that are most
14 common, and that is, if I may?
15 Q. Yes, sir.
16 A. It's either going to be off of the
17 edge which is the area that is receiving the most
18 centrifugal force, it can also in times be off of this
19 edge. It is not uncommon if the hand is bloody enough
20 that you can also get some off of the hand.
21 In most instances it's going to be on
22 the longest appendage, whatever that may be. On this
23 case, it would be the end of the knife.
24 Q. Okay. Again, the direction of this
25 would be down to up; is that right?
Sandra M. Halsey, CSR, Official Court Reporter

3346

1 A. Yes, sir, from down to up.
2 Q. Again, would that be consistent with
3 the blood coming off this knife blade from a downward
4 position travelling up and then actually landing on the
5 T-shirt in this area?
6 A. It would be consistent with that, yes,
7 sir.
8 Q. Looking at TB-2 which is T-9, that
9 being a mixture between Damon and Darlie Routier. Would
10 that particular stain here, would that also be consistent
11 with the defendant down over the body of Damon Routier,
12 and then with the same sort of stabbing motion retracting
13 the knife up over her shoulder to inflict additional stab
14 wounds in this fashion, sir?
15 A. It would be consistent, yes, sir.
16 Q. Okay. Again, the path of travel of
17 this blood stain, is this one also down to up?
18 A. Yes, sir.
19 Q. Would it be consistent with the blood
20 actually travelling from the knife tip or the knife blade
21 from downward, upward and then depositing on the T-shirt
22 in this area, sir?
23 A. It would be consistent with the blood
24 being deposited with the upswing as opposed to a
25 downswing.
Sandra M. Halsey, CSR, Official Court Reporter
3347

1 Q. So, the motion as you are actually
2 bringing the knife back up from the stab wound over the
3 shoulder; is that correct?
4 A. That is correct.
5 Q. Okay. Now, I want to turn your
6 attention to the stains on the left shoulder area, Mr.
7 Bevel. These were marked as LS-1 and LS-3. And you see
8 the indications that we have there. LS-1, you see we
9 have a mixture between, again, Damon Routier and Darlie
10 Routier on LS-1 and on LS-3 we have indicated a mixture
11 between Devon Routier and Darlie Routier.
12 A. Yes, sir.
13 Q. On the left of the area. Okay. Now,
14 with regards to these two stains, first of all LS-1, how
15 would you categorize, classify stain LS-1?
16 A. LS-1 is this one?
17 Q. Yes, sir.
18 A. LS-1 is an individual stain that is
19 very well formed. There is no indication of another

20 stain that is overlapping it.
21 It is a downward direction going from
22 the top of the photograph going to the bottom portion of
23 the photograph. And consistent again, either with
24 cast-off or I could not rule out entirely blood spatter.
25 Q. Okay. How about LS-3 over here?
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3348

1 A. LS-3 is another bloodstain. In this
2 case, the directionality is from the lower right-hand
3 corner going slightly upward to the upper left-hand
4 corner as far as the directionality.
5 Q. All right. Now, let's talk about
6 these two stains. And I want you to again assume for me,
7 that the defendant -- let's talk about LS-1 first, the
8 mixture between Damon and Darlie Routier.
9 I want you to assume for me again that
10 the defendant is over the body of Damon Routier which is
11 State's Exhibit No. 67 and is inflicting stab wounds to
12 the back. And I want you to assume that one of those
13 stab wounds travels 4-and-3/8ths inches into his body.
14 A. Yes, sir.
15 Q. That there are four stab wounds to the
16 trunk area of his back with State's Exhibit No. 67, with
17 this motion again.
18 A. Okay.
19 Q. Would that motion be consistent with
20 the production of stain LS-1 over here on the left
21 shoulder area?
22 A. Yes, sir, it would.
23 Q. Okay. Could you explain to the jury
24 how that motion that I have just demonstrated here could
25 produce stain LS-1?
Sandra M. Halsey, CSR, Official Court Reporter
3349

1 A. Okay, sir. That is the stain that
2 has, again, and let me reconfirm, that is the downward
3 direction stain, which is the first one that we talked
4 about in this area?
5 Q. Yes, sir.

6 A. That stain is again coming from above.
7 There are again two possibilities that I have to
8 consider, and one of those would be simply cast off. And
9 what would occur there is that the blood -- anything that
10 goes up certainly has to come down at some point.
11 And as it is, in this case, if it was
12 actually a cast-off, it had started its downward
13 trajectory and that is the reason that in this parabolic
14 arc we are having the downward trajectory.
15 The other possibility, whenever you

16 have multiple wounds and you have very deep wounds that
17 are being created to where once the blood is starting to
18 pool, if there is any contact from the side of the hand
19 into that area, it's the same thing as if you had a
20 punch.
21 As long as the blood is there, this
22 can also separate the blood which can again go out in

23 kind of a radiating fashion. If that was the cause,
24 again, the same thing that you have is that the parabolic
25 arc is already taking place and it's going in a downward
Sandra M. Halsey, CSR, Official Court Reporter
3350

1 trajectory.
2 Q. Let me ask you if this is consistent
3 with what you are talking about on the collision there.
4 If we just poured some blood out here on this carpet so
5 that it's actually standing and not all absorbed and I

6 took my fist, the heel of my hand and I actually came in
7 contact with that --
8 A. Yes, sir.
9 Q. Is that the type of motion that you're
10 talking about?
11 A. That can produce either spatter or
12 also as you are lifting your hand, the cast-off.
13 Q. Okay. And you talked about multiple
14 stab wounds, when you have those, blood then deposited at
15 times on the surface of it, if you continue to strike
16 that the heel of your hand will come in contact with that
17 blood and actually collide with it and produce a spray?
18 A. Yes, sir. In fact, you typically with
19 a knife have to have multiple wounds for that to even
20 occur.
21 Q. Would you consider four stab wounds to
22 the back to be multiple wounds?
23 A. I certainly would.
24 Q. Now, with regards to State's Exhibit
25 LS -- this is going to be LS-3 as shown as State's
Sandra M. Halsey, CSR, Official Court Reporter
3351

1 Exhibit 120-C. Again, I'm going to ask you to assume
2 that the defendant is over the body of Devon Routier

3 again, with State's Exhibit No. 67, and that she inflicts
4 two stab wounds to the chest of Devon Routier, one of
5 them, two inches deep and the other one five inches deep
6 into his chest.
7 Would that stabbing motion also be
8 consistent with producing State's Exhibit -- I mean LS-3
9 over here as shown on State's Exhibit 120-C?
10 A. That could be consistent, yes, sir.
11 Q. Again, how would that be consistent
12 with producing that particular bloodstain?
13 A. Instead of the bloodstain being
14 overcome with a parabolic arc, this one is still in a
15 trajectory that is going upward.
16 For that particular stain with where
17 it's located, the person wearing the gown would have had
18 to have been oriented just slightly canted, if you would,
19 as opposed to a perfect 90 degree, in order for that
20 trajection to be upward in the location that it is.
21 Q. Okay. Do you believe that would be --
22 cause this LS-3, do you think that would be caused from
23 the withdrawal of the knife blade cast-off, or do you
24 believe that it would be produced by the heel of the hand
25 again coming in contact with blood on the body surface of
Sandra M. Halsey, CSR, Official Court Reporter
3352

1 Devon Routier?
2 A. I can only identify it as being
3 consistent with one of the two, because either one of
4 them can produce that upward trajectory.
5 Q. Either one then?
6 A. Yes, sir.
7 Q. Now, Mr. Bevel, I want to direct your
8 attention to State's Exhibit 121-A. Do you see the

9 bloodstain that is identified there. I believe your
10 marking was TB-8; is that right?
11 A. That is correct, sir.
12 Q. And on the diagram we have that also
13 as T-15. Do you see that one, sir?
14 A. I do, sir.
15 Q. And as we look on the T-shirt here,
16 State's Exhibit No. 25, is that on the front of the

17 T-shirt or is that one on the back of the T-shirt?
18 A. That is on the back.
19 Q. Okay. And, as we look on the back, do
20 we see TB-8, which is also T-15 here?
21 A. Yes, sir, that is correct.
22 Q. If you could, just indicate on your
23 shirt, as we show this to the jury, what portion of the
24 T-shirt are we looking at here?
25 A. As best I can, it's going to be in
Sandra M. Halsey, CSR, Official Court Reporter
3353

1 this area in here.
2 Q. Okay. Over the right shoulder on the
3 back?
4 A. Yes, sir.
5 Q. Okay. Now, just looking at this
6 stain, first of all, the size of the stain?
7 A. Yes, sir.
8 Q. How would you describe the size of it?
9 A. Well, it's fairly small, in actual
10 measurement would be 1 millimeter by 1 point 1
11 millimeter.
12 Q. Okay. Again, what was the appearance
13 of this particular stain? How would you classify it?
14 A. It is consistent with a cast-off
15 stain, the direction, because of the long axis, however,
16 we don't have a point on either end of the long axis. It
17 is either going from down to up or it is going from up to
18 down, and I'm not able to actually distinguish it. But
19 the long axis is in this manner as opposed to some other
20 manner.
21 Q. So again, the long axis is in an up
22 and down trajectory; is that correct?
23 A. Yes, sir.
24 Q. But on this one you can't tell us
25 whether the blood was travelling upward or travelling
Sandra M. Halsey, CSR, Official Court Reporter
3354

1 downward to produce this stain; is that right?
2 A. Not conclusively, no, sir.

3 Q. Now, with regards to T-10 or T-15 here
4 on the back of the T-shirt, I want you now to assume
5 again that the defendant is wearing State's Exhibit No.
6 25, that she is bending over the body, kneeling over the
7 body of Devon Routier with State's Exhibit No. 67, again,
8 that she inflicts two stab wounds to his chest, again,
9 one of them two inches deep, another one five inches
10 deep, with State's Exhibit 67 as I am doing at this time
11 here on the floor.
12 Sir, let me ask you if that motion
13 also is consistent with having produced State's Exhibit,
14 excuse me, I mean, T-15 the stain that you marked as
15 TB-8?
16 A. Yes, sir, it is.
17 Q. Okay. Could you explain to the jury
18 how that particular stabbing motion can produce this
19 stain on the back of this T-shirt over the right
20 shoulder?
21 A. Yes, sir. In the drawback of the
22 knife, once the blood is being released from the knife
23 and following the same trajectory, the same direction as
24 the force, what it is doing is just simply coming over,
25 parabolic arc is taking over and at some point as it
Sandra M. Halsey, CSR, Official Court Reporter
3355

1 comes back down it is going to land on whatever is there.
2 In this case, it would be consistent
3 with the T-shirt being the target that it ultimately
4 lands on.
5 In fact, on the motion that the
6 counselor was just demonstrating, if you watch the end of
7 the knife, you can actually see, if you just simply

8 follow the end of the knife, you could see blood, or
9 imagine blood coming and follow the trajection of it.
10 Q. If you could, demonstrate the motion

11 that you are talking about and show the jury what you are
12 mentioning there.
13 A. I'll go slow, but what we're trying to
14 do is envision blood coming down to the end of the knife
15 due to the centrifugal force of being drawn back.
16 And if you can, again, envision the
17 blood coming off, it's going to go in the same direction
18 of travel. And in this instance it would just simply go
19 back over the shoulder and at some point as it comes down
20 it would land.
21 Q. Let me ask you, Mr. Bevel, your office
22 is in Oklahoma; is that correct?
23 A. Yes, sir.
24 Q. Okay. After you examined the T-shirt
25 here as shown in State's Exhibits 120 and 121, did you
Sandra M. Halsey, CSR, Official Court Reporter
3356

1 make any effort to take a T-shirt and determine whether
2 or not this particular kind of motion could in fact
3 produce this size stain on the back of a T-shirt?
4 A. I attempted to do a demonstration to
5 make an exemplar, so we could supplement my verbal
6 testimony.
7 Q. All right. Just explain to the
8 members of the jury what you did in order to produce
9 that?
10 A. Okay. Taking a knife that was the
11 same diameter of the knife in question, I just simply, in
12 this case I went down to my knee after placing a clean
13 T-shirt on my body, put blood on the knife, on both
14 sides, again, held it up and allowed it to just simply
15 stop it's dripping.
16 Now, I'm not trying to say that if I
17 held it there for another five minutes there may not be
18 an additional drop.
19 But what I'm talking about, for all
20 practical purposes, the continued dripping had ceased.
21 And then just simply did a motion such as this, I think
22 on the first time I did it with two swings, if you would,
23 without adding any additional blood, to see if in fact we
24 get the blood that would be on the back that would be
25 consistent in size, direction, location as the blood in
Sandra M. Halsey, CSR, Official Court Reporter
3357

1 question on the T-shirt.
2 Q. Okay. What was the result of that?
3 A. I was able, multiple times, to get

4 bloodstains that were the same size, location, with the
5 long axis up and down in that area and on other areas of
6 the back of the shirt.
7 Q. Did you bring the T-shirts to Court
8 this morning that you used in those demonstrations in
9 Oklahoma?
10 A. Yes, sir, I did.
11 Q. Okay. Where are they?
12 A. I have them at the witness stand.
13 Q. Okay. Could you please show those to
14 us?
15
16 MR. RICHARD C. MOSTY: Your Honor,
17 could we approach?
18 THE COURT: You may.
19
20 (Whereupon, a short

21 Discussion was held
22 Off the record, after
23 Which time the

24 Proceedings were resumed
25 As follows:)
Sandra M. Halsey, CSR, Official Court Reporter
3358

1
2 THE COURT: Okay. This should be but
3 a brief moment.
4 MR. JOHN HAGLER: Excuse me, your
5 Honor, while we're waiting for them, I believe we have an
6 agreement that we could put something on the record at a
7 later point regarding this.
8 THE COURT: You do indeed.
9 MR. JOHN HAGLER: Thank you, your
10 Honor.
11 THE COURT: Thank you.
12 Are we ready?
13 MR. GREG DAVIS: Yes, sir, I believe
14 we are.
15 THE COURT: All right. Thank you.
16 MR. GREG DAVIS: Thank you.
17
18 BY MR. GREG DAVIS:
19 Q. Mr. Bevel, you had indicated I believe
20 in your testimony that when you did these demonstrations,
21 if you will, up in your office in Oklahoma, that you were
22 wearing clean T-shirts each time; is that right?
23 A. Yes, sir, that is correct.
24
25 (Whereupon, the following
Sandra M. Halsey, CSR, Official Court Reporter
3359

1 mentioned item was
2 marked for
3 identification only
4 after which time the
5 proceedings were

6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Let me show you, Mr. Bevel, what's
12 been marked as State's Exhibits 133 and 134. Do you
13 recognize these two white T-shirts, sir?
14 A. Yes, sir, I do.
15 Q. Again, looking at 133?
16 A. I do, sir.

17 Q. Okay. Are these in fact the T-shirts
18 that you were wearing while you attempted to duplicate
19 the bloodstain patterns that we see on State's Exhibit
20 No. 25?
21 A. They are, sir.
22 Q. Okay. Just for the record, State's
23 Exhibit 133 is dated 12-13-96; is that correct?
24 A. Yes, sir.
25 Q. And State's Exhibit 134 is dated 1-2
Sandra M. Halsey, CSR, Official Court Reporter

3360

1 of 1997; is that right?
2 A. Yes, sir, that's correct.
3
4 MR. DAVIS: Your Honor, at this time
5 we will offer State's Exhibits 133 and 134.
6 THE COURT: All right. State's
7 Exhibits 133 and 134 are admitted.
8
9 (Whereupon, the items

10 Heretofore mentioned
11 Were received in evidence
12 As State's Exhibits No. 133
13 And 134 for all purposes,
14 After which time, the
15 Proceedings were resumed
16 As follows:)
17
18 BY MR. GREG DAVIS:

19 Q. Mr. Bevel, if you could again,
20 stepping down in front of the jury, can you explain to us
21 what we see on State's Exhibit 133, please?
22
23 (Whereupon, the witness
24 Stepped down from the
25 Witness stand, and
Sandra M. Halsey, CSR, Official Court Reporter
3361

1 Approached the jury rail
2 And the proceedings were
3 Resumed as follows:)
4

5 A. The front of the T-shirt has stains
6 that are in this area and most of them go to
7 approximately the edge of the right edge of the collar or
8 the opening of the T-shirt.
9 And then if you turn the T-shirt
10 around, we again have bloodstains that are getting to the
11 shoulder area as well as to the right shoulder and then
12 back of the actual T-shirt.
13
14 BY MR. GREG DAVIS:
15 Q. Okay. And again, that was on December
16 the 13th of 1996; is that right?
17 A. That is correct, sir.
18 Q. Did you again do that demonstration in
19 your office on January 2nd, 1997?
20 A. Yes, sir, I did.
21 Q. And looking at State's Exhibit 134, is
22 this the T-shirt that you were wearing during that
23 demonstration, sir?
24 A. Yes, sir, it is.
25 Q. Could you please, again, show the jury
Sandra M. Halsey, CSR, Official Court Reporter
3362

1 what was found there on State's Exhibit 134?
2 A. Yes, sir. On the front of the shirt,
3 we got stains that are going to the right front sleeve,
4 and another one that is going from right to left with an
5 upward trajectory that is where my finger is locating,
6 this would be the upper area of the right shoulder.

7 Then, as we look at the back of the T-shirt, we have
8 stains that are -- let me hold it this way -- they are,
9 where I am pointing to, in multiple areas, with one
10 fairly large one to about the center of the back.
11 Q. Okay.
12
13 (Whereupon, the witness
14 Resumed the witness
15 Stand, and the
16 Proceedings were resumed
17 On the record, as
18 Follows:)
19
20 BY MR. GREG DAVIS:
21 Q. Mr. Bevel, I want to take each of
22 these five stains we have talked about and ask you some
23 questions about them. I want you first of all to look at
24 the stain which is TB-8 or T-15 here on the back over the
25 right shoulder on State's Exhibit 25.
Sandra M. Halsey, CSR, Official Court Reporter
3363

1 A. Yes, sir.
2 Q. Sir, do you have an opinion whether or
3 not this particular stain was caused by some soaked
4 through or transfer of blood from another part of the

5 T-shirt to where it's located here on State's Exhibit
6 121-A?
7 A. I do, sir.
8 Q. Okay. What is your opinion about
9 possible soak through or transfer for that stain?
10 A. That it is neither a transfer nor a
11 soak through.
12 Q. Okay. And why did you conclude that?
13 A. Again, whenever you have another
14 object that has the original blood and when it comes in
15 contact with another item, especially on clothing, the
16 transference from the original item to the new secondary

17 item creating the transfer, under magnification, and this
18 doesn't have to be very great magnification, but what I
19 looked at this one was from 2-X to 20-X magnification.
20 If it is a transfer the inner weave of
21 the thread, if you would, will not typically have a
22 complete soak through, as opposed to something that is
23 impacting the clothing because it is being driven into
24 the fabric, the stain will be distributed evenly between
25 the outer fabric, and under magnification, now this kind
Sandra M. Halsey, CSR, Official Court Reporter
3364

1 of looks like mountains and valleys.
2 But if it is an impact stain, it will
3 be evenly distributed from the outer to the inner. Where
4 as if it is a transfer, especially stains this side, you
5 will end up having some voids or some of the threads that
6 are clean because the blood was not driven down into it.
7 As far as a transfer from some other
8 area -- I'm sorry.
9 Q. Let me just stop you. Did you
10 actually look at this particular stain T-15 or TB-8 under
11 a microscope?
12 A. I looked under it with a magnification
13 which was from 2-X to 20-X. That is not really a true
14 microscope, but it is magnification to that extent.
15 Q. All right. And when you looked at the
16 weave underneath, did you see it to be an even soak or
17 did you see it to have these hills and valleys?
18 A. It is an even soak amongst all of the
19 thread in that area.
20 Q. That even soak tells you what?
21 A. That it is consistent with blood that
22 has impacted the thread and upon that impact, it doesn't
23 stop on the outer threads, it goes on in and also
24 saturates the inner thread.
25 Q. Okay. If it was just a transfer from
Sandra M. Halsey, CSR, Official Court Reporter
3365

1 some other region, you would expect to see it uneven
2 underneath; is that right?
3 A. That is correct, sir.

4 Q. You didn't see that?
5 A. I did not.
6 Q. Okay. You were about to say something
7 else about the stain before I interrupted you. What were
8 you intending to say?
9 A. That whether or not it's a soak
10 through possibly from the opposing side. You can, in
11 most instances, unless you are talking about a very large
12 volume of blood, such as the front of the shirt there,

13 there are areas there that it would be difficult to tell
14 which side it's coming from.
15 But when you get individual patterns
16 of blood, in most instances you are able to look at both
17 the outer portion of the fabric and then the inner

18 portion of the fabric looking at the stain from both
19 sides.
20 And it becomes obvious, for some of
21 the same reasons that we talked about the impact, the
22 distribution, the blood soak as to which side it is
23 heaviest on and which side that it is a little bit
24 lighter on. And with this particular stain, this has
25 occurred, in my opinion, from being deposited from the
Sandra M. Halsey, CSR, Official Court Reporter
3366

1 outside as opposed to being from the inside.
2 Again, that determination was made by
3 looking at both sides as to the saturation of blood.

4 Q. Okay. And, on what side was TB-8
5 heaviest? Was it -- was the stain heaviest on the
6 outside of the material or heaviest on the inside of the
7 material?
8 A. On the outside.
9 Q. Okay. Now, did you make the same kind
10 of microscopic examinations of LS-1 and LS-3?
11 A. I did, sir.
12 Q. Okay. Let's start with LS-3 here.

13 Again, do you have an opinion as to whether or not LS-3
14 is the product of a transfer from some other portion of
15 the T-shirt?
16 A. I have an opinion, yes, sir.
17 Q. What is your opinion about LS-3?
18 A. For the same reasons that this is a
19 deposit from the outside of the garment as opposed to
20 coming from the inside.
21 Q. Okay. And,