Volume 40

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. 40 OF 53 VOLS.
16 January 23, 1997
17 Thursday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
3610

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Thursday, the 23rd 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
3611

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
3612

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
3613

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
3614

1 P R O C E E D I N G S
2
3 January 23rd, 1997
4 Thursday
5 9:00 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 open court, in the presence
10 and hearing of the
11 defendant, being
12 represented by her attorneys
13 and the representatives of
14 the State of Texas, but
15 outside the presence of the
16 jury, as follows:)
17
18
19
20 THE COURT: We're back on the record
21 now.
22 MR. GREG DAVIS: Yes, sir.
23 THE COURT: The first witness is Alan
24 Brantley. Call the witness in, please.
25 If you will have a seat right here,
Sandra M. Halsey, CSR, Official Court Reporter
3615

1 please, sir.
2 All right. Bring the jury in, please.
3 MR. RICHARD C. MOSTY: Before we
4 start, could we inquire as to the nature of his
5 testimony? I think we may have to have a hearing outside
6 of the presence of the jury.
7 MR. TOBY SHOOK: He is Alan Brantley,
8 who is a special agent with the FBI. He is in the
9 behavioral science unit.
10 He is going to testify on criminal
11 investigative analysis and staging.
12 MR. RICHARD C. MOSTY: Profiler?
13 MR. TOBY SHOOK: No, criminal
14 investigative analysis and staging. He is not testifying
15 on profiling.
16 THE COURT: Well, should we need that,
17 we will do it at the appropriate time.
18 MR. RICHARD C. MOSTY: Well, before we
19 get into anything that is expressing opinions about
20 staging, then we are going to have to have a Daubert
21 hearing.
22 THE COURT: Well, first of all, I gave
23 you Daubert the other day. Now, I permitted Daubert.
24 And that Daubert, Robinson hearing was on the
25 qualificating of the State's expert, Mr. Bevel.
Sandra M. Halsey, CSR, Official Court Reporter
3616

1 Well, the scope of any Daubert
2 hearing, first of all, it's not germane because it's
3 primarily a civil case, it was tried. The Supreme Court
4 brought it out. It's a civil case. Robinson is a civil
5 case. It is adopted in Texas by the Texas Supreme Court,
6 which handles only civil matters.
7 So it has no bearing on a criminal
8 case, and is not controlling. So, it does not control
9 any criminal proceeding.
10 MR. RICHARD C. MOSTY: Of course, I
11 beg to differ. If the Supreme Court of the United States
12 sets a standard of expert testimony in a civil case, then
13 you know for a fact, that that standard is going to be
14 equally applied in a criminal case, where the burden of
15 proof and the presumption of innocence and the
16 constitutional rights of an accused come into play.
17 So, I don't -- there is no sense in
18 arguing with the Court about that, but we do have to make
19 our record because we disagree with the Court, and we
20 want to make sure that any Daubert objection is
21 preserved.
22 THE COURT: Well, I will deny the
23 hearing now. Any error will be preserved by that ruling.
24 MR. RICHARD C. MOSTY: And that
25 continues on, that is running --
Sandra M. Halsey, CSR, Official Court Reporter
3617

1 THE COURT: Oh, yes, you will have a
2 running objection.
3 MR. RICHARD C. MOSTY: That is
4 actually a denial of even the right to a hearing to
5 determine what this witness is going to testify about, is
6 what you have denied us?
7 THE COURT: Well, if you want to have
8 the hearing itself, that is fine, we will do the hearing.
9 MR. TOBY L. SHOOK: Well, Judge, if he
10 wants to have a 705 hearing, that is how you do it under
11 the Rules.
12 THE COURT: A 705 is the correct way
13 to do it under the Rules. We are not going to have
14 another Daubert hearing like that --
15 MR. TOBY L. SHOOK: That is just to
16 inquire into his opinions and underlying data.
17 THE COURT: -- because we have already
18 been through that, and that doesn't control down here.
19 MR. RICHARD C. MOSTY: 705 doesn't
20 control in Kerr County?
21 THE COURT: 705 does, and we can get
22 on that kind of hearing.
23 These proceedings are being held
24 outside of the presence of the jury, and all parties in
25 the trial are present.
Sandra M. Halsey, CSR, Official Court Reporter
3618

1 Tell the jury they can be seated in
2 the jury room for a few minutes.
3 Raise your right hand. Do you
4 solemnly swear or affirm that the testimony that you are
5 about to give will be the truth, the whole truth, and
6 nothing but the truth so help you God?
7 THE WITNESS: I do.
8
9 (Whereupon, the witness
10 Was duly sworn by the
11 Court, to speak the truth,
12 The whole truth and
13 Nothing but the truth,
14 After which, the
15 Proceedings were
16 Resumed as follows:)
17
18 THE COURT: You are under the Rule of
19 Evidence, which simply means when you are not testifying,
20 you have to remain outside the courtroom.
21 Don't talk about your testimony to
22 anybody who has testified, in other words, don't compare
23 it. You may talk to the attorneys for either side.
24 If someone tries to talk to you about
25 your testimony, please tell the attorney for the side
Sandra M. Halsey, CSR, Official Court Reporter
3619

1 that called you.
2 If you will state your name and spell
3 your last name for the court reporter, please.
4 THE WITNESS: My name is Alan
5 Brantley, B-R-A-N-T-L-E-Y.
6 THE COURT: All right. Mr. Shook.
7
8
9 Whereupon,
10
11 ALAN BRANTLEY,
12
13 was called as a witness, having been first duly sworn by
14 the Court to speak the truth, the whole truth, and

15 nothing but the truth, testified in open court, as
16 follows:
17
18 MR. TOBY L. SHOOK: Judge, so it's
19 clear, are we doing a 705 hearing? Is that what you are
20 requesting?
21 MR. RICHARD C. MOSTY: Yes, sir.
22 MR. TOBY L. SHOOK: It's my
23 understanding from reading 705, Judge, then for the
24 hearing, it's a voir dire, that the expert will give his
25 opinions, if asked, and then disclose the underlying
Sandra M. Halsey, CSR, Official Court Reporter
3620

1 facts or data --
2 THE COURT: That is correct.
3 MR. TOBY L. SHOOK: -- so we can get
4 into what those are, and that is all it's limited to and

5 that voir dire is supposed to be conducted, of course, by
6 the defense counsel.
7 THE COURT: That's right. All right.
8 Proceed.
9
10
11 VOIR DIRE EXAMINATION
12
13 BY MR. DOUGLAS MULDER:
14 Q. Mr. Brantley, tell your us your full
15 name, please, sir.
16 A. Alan Brantley.
17 Q. You are an FBI agent; is that correct?
18 A. I'm a supervisory special agent with
19 the FBI, that is correct.
20 Q. All right. And, how many years have
21 you been an FBI agent?
22 A. About 13 and a half years.
23 Q. Okay. Would you acquaint the Court
24 with your educational background and experience?
25
Sandra M. Halsey, CSR, Official Court Reporter
3621

1 MR. TOBY L. SHOOK: Excuse me, Mr.
2 Mulder. Judge, this is outside the scope of a 705
3 hearing. A 705 hearing is only to elicit his opinions
4 and then what the underlying factors are for those
5 opinions --
6 THE COURT: Sustained. Let's get
7 right into the opinions. Ask what the opinions are and
8 the basis for them, please.
9
10 BY MR. DOUGLAS MULDER:
11 Q. All right. Mr. Brantley, you have
12 apparently -- I don't know why you are here. Are you
13 here to testify with respect to fingerprints?
14 A. My understanding is, I'm here to talk
15 about crime analysis and the analysis of this particular
16 crime scene.
17 Q. All right. Have you analyzed this
18 crime scene?
19 A. I have, yes, sir.
20 Q. And when was that done?
21 A. Well, I first encountered this case
22 back in June of '96. I was in Dallas on another matter
23 and was aware that this had occurred, and was actually
24 assigned this case, September 20th.
25 Q. All right.
Sandra M. Halsey, CSR, Official Court Reporter

3622

1 A. Which I received a letter from the
2 prosecutors office at the FBI Academy at that time. I
3 received all the case materials on September the 23rd,
4 and began reviewing all of the case materials at that
5 time, and began also formulating my opinion at that time,
6 and certainly continued to do that up until the time that
7 I arrived here this week.
8 Q. When did you arrive here?
9 A. I came in --
10
11 MR. TOBY L. SHOOK: Judge, again, we
12 will object. That is outside of the scope of 705.
13 THE COURT: Sustained. Let's stay
14 right on the point, please.
15
16 BY MR. DOUGLAS MULDER:
17 Q. All right. Well, just tell us what
18 information that you have received from the prosecution.
19
20 MR. TOBY L. SHOOK: Judge, again, this
21 is outside scope of 705.
22 MR. DOUGLAS MULDER: Well, Judge we
23 have a right to look at what he has reviewed.
24 MR. TOBY L. SHOOK: As long as they do
25 it according to 705.
Sandra M. Halsey, CSR, Official Court Reporter
3623

1 THE COURT: That is right. All we
2 need to do, is elicit from him what his opinions will be,
3 and the underlying basis of them, please.
4 MR. RICHARD C. MOSTY: It's the
5 underlying facts or data upon which he bases his opinion
6 is how the rule says, and that's the question --
7 MR. DOUGLAS MULDER: That's right.
8 THE COURT: Do that, and do that
9 briefly, please.
10 MR. DOUGLAS MULDER: All right.
11
12 BY MR. DOUGLAS MULDER:
13 Q. All right. Well, tell us all of the
14 underlying facts and data upon which you base your --
15 first, tell us what your opinion is.
16 A. My opinion based on a comprehensive
17 review of all the facts and circumstances and information
18 that was provided to me by the prosecutors and
19 investigators, it's my opinion that this crime scene was
20 staged, and that both Devon and Damon were killed by
21 someone that they knew, and someone that they knew very
22 well.
23 Q. Is that the extent of your conclusion?
24 A. That is it in summary form. Of
25 course, I looked at a variety of features at that crime
Sandra M. Halsey, CSR, Official Court Reporter
3624

1 scene in arriving at that opinion, and certainly have
2 some thoughts on those particular features.
3 Q. Yes, sir. Mr. Brantley, what I would
4 like from you is your -- just give us the entire opinion
5 that you intend to project to the jury?
6 A. That's it.
7 Q. You are not going to flower it up a
8 little bit?
9 A. Well, it depends on your questioning
10 and the questions from the prosecutor, but I also intend,
11 again, to talk about how I arrived at that opinion, and
12 again, the major features that I considered.
13 Q. Have you prepared a report?
14 A. No, I have not.
15 Q. Okay. Well, tell the Court the data
16 that you reviewed, and how you have arrived at that
17 decision?
18 A. If I may refer to my notes?
19 Q. You bet.
20 A. The materials I reviewed included --
21 excuse me -- crime scene photos, crime scene video,
22 autopsy photos, autopsy reports, I looked at aerial
23 photographs, crime scene sketches, also medical reports.
24 Q. Let me -- I'm trying to write these
25 down; crime scene photos, videos, autopsies?
Sandra M. Halsey, CSR, Official Court Reporter

3625

1 A. That's correct.
2 Q. Aerial photos?
3 A. That's correct.
4 Q. What else? Crime scene diagrams?
5 A. Crime scene sketches or diagrams.
6 Q. Sketches?
7 A. That's right.
8 Q. Okay.
9 A. Medical reports, forensic reports,
10 investigative reports or police reports.
11 Q. All right. Just a second. Forensic
12 reports?
13 A. That's correct.
14 Q. Okay.
15 A. Court documents, affidavits for arrest
16 and search.
17 Q. Okay.
18 A. Newspaper accounts and media accounts
19 of what occurred.
20 Q. All right.
21 A. Witness statements.
22 Q. Witness statements by whom?
23 A. By neighbors, friends and relatives of
24 the defendant, also Mrs. Routier's statement and Mr.
25 Routier's statement.
Sandra M. Halsey, CSR, Official Court Reporter
3626

1 Q. Okay.
2 A. Transcript of the 911 call that was
3 made, and a variety of consultations with the
4 prosecutors, and the investigators.
5 Also, I visited the residence at 5801
6 Eagle Drive.
7 Q. Okay.
8 A. I looked around in the vicinity of
9 that particular neighborhood. Consulted with forensic
10 experts that have also testified, and also consulted with
11 one of the medical examiners, Dr. Townsend-Parchman, I
12 believe.
13 Q. Did you talk with Mr. Bevel?
14 A. I did, yes, sir.
15 Q. Okay. When did you talk with him?
16 A. This was in October of '96, when I
17 travelled to Dallas for a pretrial consultation with the
18 prosecutors, investigators and forensic experts.
19 Q. Did you testify in their mock court,
20 mock trial?
21 A. No, sir.
22 Q. You didn't? Were you there for that?
23 A. No, sir.
24 Q. Okay. Let me see if I have got the --
25 everything that you tell me you based your opinion on?
Sandra M. Halsey, CSR, Official Court Reporter
3627

1 Crime scene photos, videos of the crime scene, autopsy
2 protocol, crime scene sketches and diagrams?
3 A. Autopsy photos, also.
4 Q. Crime scene sketches and diagrams?
5 A. That's correct.
6 Q. Aerial photographs?
7 A. That's correct.
8 Q. Medical reports?
9 A. That is also correct.
10 Q. Is that -- would that be the autopsy
11 protocols?
12 A. No. I included in the medical reports
13 reports of Mrs. Routier's injuries and wounds.
14 Q. Okay. Forensic reports?
15 A. That's correct.
16 Q. By whom?
17 A. Mr. Bevel, and I believe, Mr. Linch.
18 Also contained in that would have been, well, some
19 information from the medical examiner's autopsy protocol,
20 and I considered the forensic -- or the toxicology
21 results.
22 Q. Okay. Court documents?
23 A. That's correct.
24 Q. What court documents?
25 A. Well, affidavits for arrest and search
Sandra M. Halsey, CSR, Official Court Reporter
3628

1 warrant, primarily.
2 Q. Okay.
3 A. And investigative reports or police
4 reports, their entire file.
5 Q. Okay. Media accounts, witness
6 statements, and could you tell me who you had witness
7 statements from?
8 A. Well, they were numerous. I have not
9 listed them out, but for the most part, these were
10 employees of the Routiers' or coworkers, neighbors,
11 relatives.
12 Q. Okay. That would be Basia, or Barbara
13 Jovell?
14 A. Again, I have not delineated any.
15 Q. Okay. You don't remember the names?
16 A. No, sir.
17 Q. The young lady from Poland, that
18 speaks with an accent?
19 A. I am aware of the information that she
20 has provided to the prosecutors and the investigators and
21 that information was relayed to me.
22 Q. So you have not talked to her in
23 person?
24 A. No, I have not.
25 Q. Okay. All right. Friends and
Sandra M. Halsey, CSR, Official Court Reporter
3629

1 relatives?
2 A. When I'm talking about witness
3 statements and witness interviews, I'm not talking about
4 interviews that I have conducted myself. These are
5 accounts or reports of these interviews.
6 Q. All right. Things that came to you
7 second or third-hand?
8 A. Well, things that came to me from the
9 prosecutor and the investigators.
10 Q. Were these related to you orally or in
11 writing?
12 A. A combination.
13 Q. Okay. I assume you would have made
14 notes as to the oral revelations and the written ones you
15 have in your file?
16 A. That's correct.
17 Q. You have your file with you, don't
18 you?
19 A. Not the complete file, but I brought a
20 considerable amount of the case file information with me
21 to review while I have been here.
22 Q. Where is the complete file?
23 A. Most of it is back at Quantico.
24 Q. Well, I mean, why would you come to
25 Kerrville to testify and leave your file back in
Sandra M. Halsey, CSR, Official Court Reporter
3630

1 Quantico?
2 A. Well, the information that I left back
3 in Quantico I had finished with, plus I talked to the
4 prosecutor and they had a complete file here.
5 So I had, just to give you an idea of
6 what I have looked at, I had almost a thousand 8 by 10
7 color photographs of the crime scene, and aerial
8 photographs, autopsy reports, that stuff. That is a
9 rather sizable carry, if you will.
10 Q. You had a thousand photographs?
11 A. Well, 975, to be exact.
12
13 MR. DOUGLAS MULDER: Judge, we asked
14 for all of the photographs, and we do not have 975
15 photographs.
16 THE COURT: Fine. Let's continue with
17 the hearing, please.
18
19 BY MR. DOUGLAS MULDER:
20 Q. Would you show me what you brought of
21 your file?
22 A. I certainly can, if the Judge would
23 permit me to step down?
24
25 THE COURT: You may step down, by all
Sandra M. Halsey, CSR, Official Court Reporter
3631

1 means.
2
3 (Whereupon, the witness
4 Stepped down from the
5 Witness stand, and
6 Approached the jury rail
7 And the proceedings were
8 Resumed as follows:)
9
10 BY MR. DOUGLAS MULDER:
11 Q. Is this the extent of your file?
12 A. This is the extent of what I brought
13 with me here to Kerrville.
14 Q. All right. What about that envelope
15 you have on the --
16 A. These are personal notes.
17 Q. Are these photographs that you
18 selected out to --
19 A. These, I believe, were representative,
20 and very descriptive of some of the features that I
21 focused on.
22 Q. I just -- were these photographs taken
23 according to some FBI protocol?
24 A. No, sir.
25 Q. Are you sure about that?
Sandra M. Halsey, CSR, Official Court Reporter
3632

1 A. These were taken by the local police
2 department investigators.
3 Q. Okay.
4
5 MR. DOUGLAS MULDER: I'll just need a
6 minute to look this over.
7 THE COURT: All right. Go ahead.
8 MR. DOUGLAS MULDER: Do you want me to
9 do it now?
10 THE COURT: Yes, sir.
11 MR. DOUGLAS MULDER: I was going to do
12 it during the --
13 MR. JOHN HAGLER: Your Honor, while
14 he's looking at those documents, to save some time for
15 the Court, I'd like to go ahead and make some objections
16 now, based on what has been testified to.
17 THE COURT: That will be fine, Mr.
18 Hagler.
19 MR. JOHN HAGLER: Okay, Your Honor.
20 May I just put my book up here?
21 THE COURT: Oh, by all means, Mr.
22 Hagler.
23 MR. JOHN HAGLER: Your Honor, as I
24 understand the witness has already stated that he is
25 going to testify essentially, that in his opinion, that
Sandra M. Halsey, CSR, Official Court Reporter
3633

1 this is a staged crime scene; and secondly, that whoever
2 the assailant was was apparently well known to the
3 victims in this case.
4 First, your Honor, we would reurge all
5 of our previous objections that were voiced to the
6 testimony of Mr. Bevel, you know, under Daubert and
7 Robinson.
8 And I might also point out to the
9 Court, obviously, Daubert is a Supreme Court case, and
10 Robinson is a Texas Supreme Court case. The significant
11 fact is, your Honor, that they are interpreting Rule 702.
12 And Rule 702, as the Court well knows, applies both to --
13 is virtually identical as far as the civil and criminal
14 codes of evidence.
15 Now, so far, your Honor, this witness,
16 and our objection would be that; one, that under the
17 Daubert and Robinson standards, of course, this Court now
18 has the responsibility of reviewing expert testimony, and
19 determining whether or not it's relevant, whether it's
20 reliable, and whether it's based on a proven scientific
21 and valid principle.
22 In -- and our objection under Rule
23 702, 703 and 705, is the fact that essentially what this
24 witness is going to be testifying to, is that there is no
25 basis under any scientific technique or principle or
Sandra M. Halsey, CSR, Official Court Reporter
3634

1 theory that would validate his personal opinion. It's
2 simply mere speculation on his part as to what actually
3 happened.
4 Secondly, your Honor, there is no
5 adequate and reliable evidentiary base. In other words,
6 he is stating what he is basing his opinion on. It's
7 basically on various types of matters, documents or
8 photographs interviews, that in many cases are going to
9 be hearsay. Their reliability is unestablished and
10 unproven. We have no idea as to what the source of the
11 underlying facts, upon which he is basing his so-called
12 scientific opinion.
13 Now, in this respect, your Honor, I
14 might also mention that it denies us the opportunity of
15 effectively confronting and cross examining his -- the
16 underlying sources or witnesses that have provided him
17 with the information upon which his expert opinion is
18 based.
19 In that respect, it would constitute a
20 violation of the Sixth Amendment, and Article 1, Section
21 10 of the Texas Constitution.
22 Now, we're fully aware, your Honor,
23 that under Rule 704, that the Courts have liberalized
24 admission of expert testimony to the extent that an
25 expert witness can now, if in fact, he is a proven expert
Sandra M. Halsey, CSR, Official Court Reporter
3635

1 and his testimony is based on a valid scientific
2 technique or theory, can testify as to all of the
3 conditions of fact.
4 However, there is a close and fine
5 line as to what an ultimate issue in a case is, and what
6 a final issue is. And a final issue, I'm referring to
7 it, as a witness's opinion as to an individual's guilt or
8 innocence.
9 Now, in this case, if this witness
10 testifies, your Honor, we're going to cross that line.
11 He is not here simply to testify as to a particular
12 location of a so-called piece of evidence, or this type
13 of thing.
14 What he is going to be testifying to
15 is, if you objectively and fairly examine his testimony,
16 he is going to testify to this Jury, that the defendant
17 committed the offense. That is what it boils down to.
18 He is going to cross that line, and if
19 that be the case, it goes further than the intent of 704.
20 It's, in effect, -- this witness's expression as to his
21 personal opinion as to the guilt of the defendant.
22 Now, in that respect, again, it's
23 based on -- it's a violation of 702, 703 and 705. We've
24 effectively been denied our right of cross examining the
25 underlying sources of his opinion which, again, goes
Sandra M. Halsey, CSR, Official Court Reporter
3636

1 beyond the scope of Rule 704.
2 THE COURT: That's it?
3 MR. JOHN HAGLER: Well, we also,
4 obviously, your Honor, we have a 703 situation, a
5 balancing -- I think, even, you know, in the unlikely
6 event the Court would admit this testimony, we would
7 submit that clearly, clearly by -- we have had 13 days of
8 testimony, and now they bring in at the last minute one
9 witness, who says that he has examined a few photographs,
10 and has talked to some neighbors, and looked at a few
11 reports. And in his opinion the defendant is guilty.
12 We would submit that is clearly going
13 to be misleading, confusing and, again, would constitute
14 a violation of the Fourteenth Amendment.
15 THE COURT: Well, I think the opinion
16 is that both Damon and Devin Routier were killed by
17 someone they knew well and the crime scene was staged.
18 I think that is the opinion; is that
19 correct?
20 THE WITNESS: That is correct, your
21 Honor.
22 THE COURT: All right.
23 MR. JOHN HAGLER: One other thing too,
24 your Honor, is that he is again basing -- he has already
25 stated his source of some of those underlying facts, and
Sandra M. Halsey, CSR, Official Court Reporter
3637

1 again, it's broad. It's going to include hearsay
2 statements from other individuals, that we have been
3 denied our opportunity to confront and cross examine, so
4 his opinion is going to be based on inadmissible or
5 testimony that we would submit would be hearsay testimony
6 and therefore would constitute a violation of the Sixth
7 Amendment, and Article 1, Section 10.
8 THE COURT: All right. Objection
9 overruled, and with the 401, 403 balancing test, the
10 Court feels that it's relevant and the Court feels the
11 prejudicial effect is far outweighed by the probative
12 value and it would help the jury come to a just verdict
13 in this particular case.
14 MR. RICHARD C. MOSTY: Of course,
15 we're not through with our examination of him yet.
16 THE COURT: We understand that, and we
17 likewise understand Mr. Hagler's objections.
18 MR. DOUGLAS MULDER: Judge, this is
19 going to take some time. And, I might point out to the
20 Court, they have reports in here, that we have never seen
21 before. As the Court may well understand, and I am going
22 to need to read these reports.
23 THE COURT: Well, how long do you
24 think it will take you?
25 MR. DOUGLAS MULDER: Well, I don't
Sandra M. Halsey, CSR, Official Court Reporter
3638

1 know, I'm reading them as I go along, but I don't know
2 how many there are.
3 MR. RICHARD C. MOSTY: Here is
4 information that he has based on -- for instance, on this
5 stack here is the Dallas Morning News, which if I -- my
6 recollection is, that it has not been admitted into
7 evidence, nor will it be, ever in this trial.
8 It is going to take us a while to go
9 through all this stuff.
10 THE COURT: Well, do you think --
11 MR. TOBY L. SHOOK: Well, Judge the
12 basis of the hearing is to go over the underlying facts
13 and data. It's not -- they can read the file before they
14 cross examine him though. We can move forward.
15 THE COURT: Well, I understand that.
16 The hearing is here and what we intend to do is go ahead.
17 Before you cross examine the witness, I certainly will
18 give you time to read the file.
19 MR. RICHARD C. MOSTY: We're entitled
20 in this hearing to direct our examination to the
21 underlying facts and data fully, not partially, but
22 fully. And, we have got to have adequate time to do
23 that.
24 THE COURT: And how long will that
25 take?
Sandra M. Halsey, CSR, Official Court Reporter
3639

1 MR. DOUGLAS MULDER: Well, I can't --
2 I can't do it until I read the file. And I have -- I got
3 the file about five minutes ago.
4 THE COURT: Well, you are experienced
5 attorneys, and how long do you think it will take you to
6 read it?
7 MR. DOUGLAS MULDER: Judge, I don't
8 know. A couple days? I don't know. Well, you know, it
9 may take me a half hour. I don't know.
10 THE COURT: I'm happy to recess.
11 MR. DOUGLAS MULDER: I don't want to
12 reread stuff I have already read.
13 THE COURT: I understand.
14 MR. DOUGLAS MULDER: But there are
15 things in here that I have never seen before, and I need
16 to read it.
17 THE COURT: Well, if we recess for 30
18 minutes and see what it's like then, is that fair enough?
19 MR. DOUGLAS MULDER: Sure.
20 THE COURT: Fine. Let's do that then.
21 MR. RICHARD C. MOSTY: May we know
22 that we have everything?
23 MR. DOUGLAS MULDER: What do we have
24 up there, Mr. Brantley?
25 THE WITNESS: My notes.
Sandra M. Halsey, CSR, Official Court Reporter
3640

1 MR. DOUGLAS MULDER: Could we see
2 those too?
3 THE WITNESS: Certainly.
4 THE COURT: All right. We will recess
5 until 10:00 o'clock, and see how it goes at that time.
6 MR. DOUGLAS MULDER: Where can we go
7 to confer?
8 THE COURT: You can go in Judge Proh's
9 office if you want to.
10
11 (Whereupon, a short
12 recess was taken, after
13 which time, the
14 proceedings were
15 resumed in open court,
16 in the presence and
17 hearing of the
18 Defendant, being
19 represented by his
20 Attorney, but outside of
21 the presence of the jury
22 as follows:)
23
24 MR. RICHARD C. MOSTY: Your Honor, we
25 need a few more minutes.
Sandra M. Halsey, CSR, Official Court Reporter
3641

1 THE COURT: How much longer?
2 MR. RICHARD C. MOSTY: Well, I don't
3 know. Mr. Mulder is trying to read it as fast as he can.
4 You know, this lady is on trial for her life.
5 THE COURT: We understand that, Mr.
6 Mosty. But, I mean, I have been very generous with the
7 time.
8 We can -- how many more minutes can
9 you have? You have how many lawyers back there?
10 MR. RICHARD C. MOSTY: Well, how many
11 are you going to let cross examine the witness, your
12 Honor? If you let all of us cross examine him, I bet we
13 can be ready in just a minute.
14 THE COURT: This is not discovery, and
15 I think that you are entitled after the witness -- how
16 much time do you need?
17 MR. RICHARD C. MOSTY: This gentlemen
18 is coming in with a crystal ball, and we need a little
19 bit of time to do that, and Mr. Mulder is reading as fast
20 as he can. I think he will be done in a few minutes.
21 THE COURT: 15 more minutes.
22
23 (Whereupon, a short
24 Recess was taken,
25 After which time,
Sandra M. Halsey, CSR, Official Court Reporter
3642

1 The proceedings were
2 Resumed on the record,
3 In the presence and
4 Hearing of the defendant
5 As follows:)
6
7
8
9 THE COURT: All right. Be seated,
10 please, ladies and gentlemen.
11 Bring the -- tell the lawyers to come
12 back in, please.
13 All right. Mr. Brantley, if you will
14 be kind enough to take the stand, please.
15 MR. DOUGLAS MULDER: Judge, we are
16 reporting -- we would like this on the record. We are
17 reporting back, as instructed by the Court.
18 THE COURT: Thank you.
19 MR. DOUGLAS MULDER: We have not had
20 an opportunity to review the files that Mr. Brantley has
21 used to form his opinion, but he has been cooperative
22 with us and has gone through his notes with us and we
23 have been able to decipher his notes.
24 THE COURT: All right. Thank you.
25 The hearing will continue.
Sandra M. Halsey, CSR, Official Court Reporter
3643

1 MR. DOUGLAS MULDER: Judge, excuse me,
2 I am not finished yet. Would you mind if I complete.
3 THE COURT: Oh, by all means.
4 MR. DOUGLAS MULDER: Yes, sir. Did
5 you want to go ahead, Judge? I don't want to interrupt
6 you.
7 THE COURT: Oh, no, Mr. Mulder. I
8 want to hear what you have to say.
9 MR. DOUGLAS MULDER: Okay. Very good.
10 It includes some seven pages, and I have looked through
11 the photographs, but I have not read the reports and
12 there are many reports in there that we have not seen.
13 In fact, there are reports by Cron, that Cron did not
14 furnish us when he testified.
15 So, at any rate, I would like an
16 opportunity to go through these. And let the record
17 reflect that the file is approximately, what, Mr.
18 Brantley? Three or three and a half inches thick?
19 THE WITNESS: Well, if I had to call
20 it, I would say maybe around four.
21 MR. DOUGLAS MULDER: Four inches
22 thick. I stand corrected.
23 THE COURT: Thank you. Well, that is
24 fine. I think at the appropriate time you will have a
25 chance to do that, but for this hearing, is there
Sandra M. Halsey, CSR, Official Court Reporter
3644

1 anything else for this hearing you want to talk about?
2 MR. DOUGLAS MULDER: Yes.
3 I want to ask Mr. Brantley just briefly.
4
5
6 VOIR DIRE (Continued)
7
8 BY MR. DOUGLAS MULDER:
9 Q. We would like to know -- you have
10 given us, Mr. Brantley, your opinion in this case, and
11 that is the sum and substance of your opinion; is that
12 right?
13 A. That's correct.
14 Q. All right. And if you would just
15 articulate for the Judge the basis upon which that
16 opinion was formed?
17 A. Well, the basis of opinion was
18 formulated on a thorough review of all of the case
19 materials that I have already outlined for you.
20 Q. Is there -- and I'm just asking this
21 for my own edification. The learned Judge probably
22 already knows the answer to this question, but is there
23 any empirical way to check the accuracy of your
24 conclusion?
25 A. The analysis that I --
Sandra M. Halsey, CSR, Official Court Reporter
3645

1
2 MR. TOBY SHOOK: Judge, we will object
3 again. This is going beyond the scope of 705.
4 THE COURT: Sustained. Let's move on.
5 MR. DOUGLAS MULDER: You don't want to
6 know whether or not there is any way to check the
7 accuracy of his analysis?
8 THE COURT: Please ask your next
9 question, Mr. Mulder.
10 MR. DOUGLAS MULDER: Judge, that was
11 my next question.
12 THE COURT: Fine. It's been objected
13 to. The objection is sustained. Ask the next one.
14 MR. RICHARD C. MOSTY: Your Honor, we
15 would request the ability to go into that under Daubert.
16 That is, under Daubert and Robinson, that is one of the
17 tests as the Court well knows, the Court is the
18 gatekeeper for scientific opinion or speculative opinion,
19 whichever it is, and the Court is the gatekeeper and
20 unless there is some empirical manner of testing the
21 accuracy of it, the testimony should not be allowed.
22 THE COURT: Thank you.
23 MR. RICHARD C. MOSTY: That is a part
24 of this hearing and the Court is telling us we cannot do
25 that, if I understand.
Sandra M. Halsey, CSR, Official Court Reporter
3646

1 THE COURT: No, I'm just telling Mr.
2 Mulder to ask your next question.
3 MR. DOUGLAS MULDER: Judge, that was
4 my next question. I would think that you, in keeping the
5 gate, that you would want to know whether or not there is
6 any way that -- the accuracy of his conclusion.
7 THE COURT: Well, is there?
8 THE WITNESS: Based on the standards
9 within my profession, again, there has been numerous
10 publications and text books where this information is
11 reported on, and certainly anyone with the background,
12 education and training and experience that I have had,
13 would come to, I believe, the same conclusion.
14 Certainly, the people that I work with at the FBI Academy
15 are all in agreement with my conclusion.
16
17
18 VOIR DIRE (Continued)
19
20 BY MR. DOUGLAS MULDER:
21 Q. Do you traditionally review each
22 other's work before you testify?
23 A. That is correct. Not necessarily
24 before we testify, but it's a collaborative, group
25 process that we engage in. That's correct.
Sandra M. Halsey, CSR, Official Court Reporter
3647

1 Q. Before you issue some sort of an
2 opinion?
3 A. At times, again, it varies. It's not
4 mandated that we do that, but just as a matter of course,
5 we try to that whenever possible.
6 Q. Do you have a committee?
7
8 MR. TOBY L. SHOOK: Judge, again, I am
9 going to object.
10 THE COURT: Mr. Mulder, can we keep
11 the questions on the basis --
12 MR. DOUGLAS MULDER: Well, I think I
13 am getting into things that I am going to cross examine
14 him on, Judge.
15 THE COURT: Thank you. We can do that
16 at the appropriate time. Anything else for this hearing?
17 MR. DOUGLAS MULDER: Well, Judge, we
18 simply suggest to the Court, and we would like to develop
19 the fact that there is no empirical test upon which the
20 accuracy of his proclamation or his conclusion can be
21 tested and judged.
22 THE COURT: I understand what you are
23 saying. The Court has heard that. Anything else?
24 MR. DOUGLAS MULDER: No, if you are
25 denying me any opportunity to go further on that?
Sandra M. Halsey, CSR, Official Court Reporter
3648

1 THE COURT: I think he already
2 answered that question.
3 MR. RICHARD C. MOSTY: Well, your
4 Honor, he didn't answer that question. What he said was
5 that there was a lot of literature in the field. And
6 that is not the question. My question is not -- Mr.
7 Mulder's question is not whether or not there is a bunch
8 of literature because there is a lot of literature in all
9 sorts of idiotic fields and drawing idiotic conclusions.
10 The question is -- am I interrupting a conversation?
11 THE COURT: Oh, by no means.
12 MR. RICHARD C. MOSTY: The question is
13 not whether or not there is literature or whether or not
14 there is information on it. The question is whether or
15 not something can be empirically, objectively tested
16 beyond the opinion and say, yes, in 60 percent of these
17 times, this is right; or 95 percent or whatever.
18 There is no method to empirically test
19 whether or not he is accurate. He can just get up there
20 and spout an opinion, based upon non-testimony and
21 non-evidence, and there is no way that anybody can say,
22 is he right or is he wrong?
23 THE COURT: Well, I think you can
24 develop that on cross examination. Anything else for
25 this hearing?
Sandra M. Halsey, CSR, Official Court Reporter
3649

1 MR. RICHARD C. MOSTY: Judge, that is
2 the gatekeeping that the Court is supposed to do --
3 THE COURT: Mr. Mosty, please, I have
4 already ruled. If I have made an error, I think I (sic)
5 have preserved it, please.
6 MR. DOUGLAS MULDER: Let me ask him
7 this last thing, and as the gatekeeper I would think you
8 would want to know this.
9 THE COURT: Okay.
10 MR. DOUGLAS MULDER: In fact, you may
11 be thinking of it already.
12
13
14 VOIR DIRE (Continued)
15
16 BY MR. DOUGLAS MULDER:
17 Q. But I want to know, Mr. Brantley, if
18 the information upon which you based your opinion and
19 conclusion is totally accurate?
20
21 MR. TOBY SHOOK: Judge, again, we will
22 object, they are going outside of the scope of the
23 hearing.
24 THE COURT: I think that is within the
25 province of the jury. I'll sustain the objection. Let's
Sandra M. Halsey, CSR, Official Court Reporter
3650

1 move on. Anything else?
2 MR. JOHN HAGLER: Your Honor, could I
3 just wrap this up by finalizing our objections?
4 THE COURT: Oh, yes, by all means, Mr.
5 Hagler. I would encourage that.
6 MR. JOHN HAGLER: Okay. Your Honor,
7 as to the so-called expert opinion testimony, first, we
8 would submit that it's been a failure for the State as
9 the proponent of this expert testimony, to establish --
10 to lay the predicate with the four Daubert factors; and
11 also, the subsequent Robinson factors, that have been
12 incorporated by the Supreme Court. We would submit have
13 been further extended to Rule 702.
14 Secondly, your Honor, there has been
15 no showing of reliability or relevancy of this witness's
16 testimony; and in that connection, there has been a
17 failure of a showing of methodology, in which an opinion
18 could be properly formed, as to whether or not there was
19 in fact staging.
20 I might also point out, your Honor,
21 that the cases have held, that a witness's opinion, his
22 self-serving statements, as to his own methodology, and
23 what have you, fail to establish a proper predicate under
24 Daubert and Robinson.
25 In addition, your Honor, there is a
Sandra M. Halsey, CSR, Official Court Reporter
3651

1 failure of establishing proper qualifications for this
2 witness to testify as to his opinion, as have been stated
3 to the Court. And, in this respect, your Honor, we would
4 further urge that there has been a total lack of a
5 showing of a evidentiary base, of a reliable evidentiary
6 base.
7 This witness has already advised the
8 Court that his opinion is based on various statements of
9 certain individuals, those individuals, that evidence is
10 not before the Court. It's hearsay on hearsay.
11 And allowing his opinion testimony
12 would constitute a violation of our 6th Amendment right
13 to confront and cross examine those witnesses; and also
14 would be a violation of Article 1, Section 10 of the
15 Texas Constitution.
16 Now, your Honor, in summary, our
17 objection is, that this actually is not expert testimony,
18 it is not valid expert opinion testimony. It's merely
19 speculation, it's a creation of testimony, and that it
20 goes beyond the intent of Rule 704 and the fact that it's
21 an expression of guilt as to the defendant's guilt or
22 innocence, as opposed to a mere ultimate issue in the
23 case.
24 Consequently, the admission of this
25 evidence and this testimony would constitute a violation
Sandra M. Halsey, CSR, Official Court Reporter

3652

1 of the Fifth and Fourteenth Amendments to the United
2 States Constitution, Article 1, Section 10 of the Texas
3 Constitution; Rules: 701, 702, 703 and 705 of the Texas
4 Rules of Criminal Evidence. And we would also ask for a
5 403 ruling, please.
6 THE COURT: All right. Objection is
7 overruled. The Court -- Mr. Brantley has revealed the
8 underlying basis and facts of his testimony, it will be
9 permitted.
10 The 401 and 403 ruling will be that
11 the Court considers it relevant. The probative value far
12 outweighs any prejudicial effect it might add, in the
13 fact that it might -- it would assist the jury in coming
14 to a just verdict in this particular case.
15 With that in mind, we will bring in
16 the jury and commence the testimony.
17 MR. JOHN HAGLER: Could we have a
18 running objection to all of his testimony, your Honor?
19 THE COURT: Oh, yes, you may.
20 THE COURT: All right.
21
22 (Whereupon, the jury
23 Was returned to the
24 Courtroom, and the
25 Proceedings were
Sandra M. Halsey, CSR, Official Court Reporter
3653

1 Resumed on the record,
2 In open court, in the
3 Presence and hearing
4 Of the defendant,
5 As follows:)
6
7 THE COURT: Good morning, ladies and
8 gentlemen.
9 Let the record reflect that all of the
10 parties in the trial are present and the jury is seated.
11 Ladies and gentlemen of the jury, this
12 witness has already been sworn outside of your presence.
13 Go ahead, please, Mr. Shook.
14 MR. TOBY L. SHOOK: Thank you, Judge.
15
16
17 Whereupon,
18
19 ALAN BRANTLEY,
20
21 was recalled as a witness, for the State of Texas, having
22 been previously duly sworn by the Court to speak the
23 truth, the whole truth, and nothing but the truth,
24 testified further in open court, as follows:
25
Sandra M. Halsey, CSR, Official Court Reporter
3654

1
2 DIRECT EXAMINATION
3
4 BY MR. TOBY L. SHOOK:
5 Q. State your name, please.
6 A. Alan Brantley.
7 Q. And how are you employed, sir?
8 A. I'm a supervisory special agent with
9 the Federal Bureau of Investigation.
10 Q. And, where are you currently assigned?
11 A. I'm currently assigned to the National
12 Center for the Analysis of Violent Crimes, which is part
13 of the Critical Incident Response Group at Quantico,
14 Virginia.
15 Q. How long have you been with the FBI?
16 A. Approximately 13 and a half years.
17 Q. And, what positions have you held with
18 the FBI?
19 A. Other than being an investigative
20 agent in the field, I have been assigned to the National
21 Center since 1988, and in that position have been
22 responsible for the analysis of violent crimes, and the
23 providing of information of lead value to investigators
24 that are confronted with repetitive violent crimes,
25 unusual and particularly vicious types of violent
Sandra M. Halsey, CSR, Official Court Reporter
3655

1 offenses as well.
2 Q. And what is your current position?
3 A. I am a supervisory special agent as I
4 have said, but I am also the Program Manager of the
5 Forensic Psychiatry Fellowship in conjunction with the
6 Armed Forces of the United States out of Walter Reed Army
7 Medical Center in Washington D.C.
8 I am also the program manager of the
9 component at the National Center, that addresses
10 individuals that threaten and/or attempt to use weapons
11 of mass destruction. These are primarily weapons
12 involving nuclear, biological and chemical threats or
13 entities.
14 Q. What are your duties with your current
15 position with the FBI?
16 A. Well, I am primarily responsible for
17 supervising others at the National Center in the areas
18 that I have already outlined, and also, working a variety
19 of violent offenses, including homicides and threats
20 against others.
21 Q. Tell the jury your educational
22 background.
23 A. I received a Bachelor's of Arts in
24 1972 from Appalachian State University with an
25 undergraduate degree in psychology.
Sandra M. Halsey, CSR, Official Court Reporter
3656

1 I completed a Master's degree in
2 counseling and psychology, also at Appalachian State in
3 1976 after I served a tour as an officer in the Marine
4 Corps.
5 From that point, I did post-master's
6 work at Appalachian State, also at North Carolina State
7 University and Virginia Tech.
8 Q. And how were you employed prior to
9 joining the Bureau?
10 A. Prior to my joining the FBI, I was
11 employed as a psychologist in a maximum security prison
12 in the State of North Carolina for about six years.
13 Q. What were your duties there?
14 A. A combination of things, but primarily
15 I evaluated and assessed the inmates in that population,
16 all adult males. I provided evaluations for the court,
17 and presentencing studies, and also did reviews and
18 analysis of inmate cases for consideration of release
19 back into the community and parole.
20 Q. Okay. Do you have any specialized
21 training?
22 A. My specialized training, while in the
23 FBI, is centered on information about violent crime,
24 death investigation, crime scene analysis, forensic
25 pathology, forensic dentistry, almost any type of course
Sandra M. Halsey, CSR, Official Court Reporter
3657

1 that might help us to understand not only the behavior of
2 violent criminals, but some of the things relating to the
3 forensic evidence that they may leave behind as well.
4 Q. Have you served on any faculties?
5 A. I am on the faculty at the FBI
6 Academy, and also an adjunct faculty member of the
7 University of Virginia.
8 Q. In what particular areas have you
9 lectured or taught?
10 A. Primarily, on the violent crime scene
11 analysis, and the assessment of dangerousness, also,
12 criminal psychology. While at the FBI Academy, I taught
13 a course at the National Academy on applied criminal
14 psychology. Also, I taught the new FBI trainees that
15 same course on applied criminal psychology.
16 Q. Have you made presentations in your
17 field?
18 A. I have.
19 Q. What types?
20 A. Well, again, centering on violent
21 crime, crime scene analysis, and criminal psychology, and
22 we provide presentations in schools, ranging from
23 week-long schools, to one and two-hour presentations, to
24 law enforcement audiences, attorneys and judges, mental
25 health professionals, academics, students, it's just a
Sandra M. Halsey, CSR, Official Court Reporter
3658

1 very broad range of audiences.
2 Q. And, are you a member of any
3 professional organizations?
4 A. I am. I'm a member of the American
5 Academy of Criminal Justice Sciences, also the
6 International Homicide Investigators Association, Harvard
7 Associates in Police Science and the Association of
8 Threat Assessment Professionals.
9 Q. And what is the Criminal Investigative
10 Analysis Program?
11 A. Well, for the most part, when you talk
12 about criminal investigative analysis, or crime scene
13 analysis, we're talking about the analysis of the
14 behavior displayed at a crime scene by an offender.
15 What we look at, to determine this
16 assessment, is primarily in three areas: Victimology, in
17 other words, what is it about a particular victim that
18 increases his or her risk of becoming a victim of a
19 violent crime. We also look at investigative reports and
20 police reports. And we also concern ourselves and focus
21 on crime scene photos and information about that crime
22 scene.
23 We believe since all crimes are
24 committed by human beings, that some stage along this
25 crime commission process, there is going to be a display
Sandra M. Halsey, CSR, Official Court Reporter
3659

1 of human behavior, that lends itself to analysis,
2 interpretation, and from that analysis, information of
3 lead value that could be provided to investigators, to
4 prosecutors and to jurors, like yourselves, to hopefully
5 get a little better understanding of the types of
6 criminal behavior that you are not as likely to encounter
7 in your life experiences, as I am to encounter in what I
8 do for a living.
9 Q. Have you personally received case
10 materials to review in regards to a murder that occurred
11 in Rowlett, Texas on June 6th, 1996?
12 A. I have.
13 Q. Involving Devon and Damon Routier?
14 A. That's correct.
15 Q. Okay. What materials did you utilize
16 in your review?
17 A. The materials that I had to review,
18 were crime scene photographs, crime scene video, autopsy
19 photographs, autopsy reports, investigative reports, or
20 police reports, forensic reports, I saw some aerial
21 photographs, I also looked at medical reports. I looked
22 at some legal or court documents, the affidavits for
23 search warrant and arrest. Considered information that I
24 was able to obtain in consultations with investigators
25 and prosecutors.
Sandra M. Halsey, CSR, Official Court Reporter
3660

1 I also visited 5801 Eagle Drive and
2 did a survey of not only the location of that residence
3 but also the immediate vicinity. I met with some of the
4 forensic experts and also talked with Dr.
5 Parchman-Townsend, one of the medical examiners that did
6 the autopsy on one of the victims.
7 Q. After reviewing all that, were you
8 able to form some opinions about the case?
9 A. I was.
10 Q. Okay. And what is that opinion?
11 A. My opinion is that in this particular
12 case, and this particular crime scene, that this crime
13 scene had been staged, and in all likelihood whoever
14 killed both Devon and Damon, was someone that they knew,
15 and someone that they knew very well.
16 Q. When you say a crime scene is staged,
17 what do you mean?
18 A. What I mean by staging is that the
19 crime seen had been altered. There had been things that
20 had been moved, or things that had been disturbed that
21 you don't ordinarily see disturbed in crime scenes like
22 this. And there are some other things that you would
23 expect to be disturbed that were left alone or left
24 untouched.
25 Q. What is staging?
Sandra M. Halsey, CSR, Official Court Reporter
3661

1 A. Well, staging is -- when we see
2 staging, it suggests to us a couple or three things.
3 First and foremost, the reason that
4 the offender will stage crime scenes is to divert
5 attention away from the most logical suspect and/or the
6 most logical motive. There are some other occasions when
7 scenes are altered or scenes are staged where there is
8 not necessarily any intent, really, to cover a criminal
9 act, but because of embarrassment to a family, who may
10 have discovered a loved one that has committed suicide,
11 they may move some things, take some things away before
12 discovery, again, just to prevent some embarrassment
13 either to themselves, or to the deceased.
14 Q. Now, what factors did you use in
15 forming your opinion in this particular case?
16 A. Well, I looked at some major features.
17 And generally, when we start looking at these kinds of
18 offenses, we try to incorporate as much information as we