Volume 41

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. 41 OF 53 VOLS.
16 January 24, 1997
17 Friday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
3913

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Friday, the 24th 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
3914

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
3915

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
3916

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
3917

1 P R O C E E D I N G S
2
3 January 24th, 1997
4 Friday
5 9:00 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 open court, in the presence
10 and hearing of the
11 defendant, being
12 represented by her attorneys
13 and the representatives of
14 the State of Texas, but
15 outside the presence of the
16 jury, as follows:)
17
18
19
20 THE COURT: All right. Who is the
21 next witness? Do you have a witness you can put on?
22 MR. CURTIS GLOVER: We're ready to go,
23 Judge.
24 THE COURT: Okay.
25 MR. GREG DAVIS: Judge, you know, I
Sandra M. Halsey, CSR, Official Court Reporter
3918

1 have been led to believe that when we come out here for
2 the jury, the defense may call Jimmy Patterson.
3 Obviously, they have been told now
4 that Jimmy Patterson is in Dallas.
5 THE COURT: We understand. He will be
6 here Monday.
7 MR. GREG DAVIS: We will call, we will
8 have him down here. I just don't think it's proper for
9 them to stand up and say, "We will call Jimmy Patterson,"
10 and then to have the State to have to explain that. So
11 we will have him here.
12 THE COURT: I understand. Well, Mr.
13 Patterson will be here Monday.
14 MR. DOUGLAS MULDER: Judge, so that
15 the record is clear on this, I advised them -- they would
16 not cooperate, and would never tell me who their
17 witnesses were.
18 And I checked the subpoena list to
19 make sure that Patterson has been subpoenaed, and he had,
20 and he had been here in Court.
21 THE COURT: Just a minute. First of
22 all, let the record reflect that these proceedings are
23 being held outside of the presence of the jury. And all
24 parties in the trial are present.
25 And, Mr. Mulder, you wanted the
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1 witness named Jimmy Patterson for today; is that correct?
2 MR. DOUGLAS MULDER: Yes, sir.
3 THE COURT: He is not here; is that
4 correct?
5 MR. GREG DAVIS: That's correct. He
6 is in Dallas.
7 THE COURT: Today is Friday. It is
8 shortly after 9:00 o'clock in the morning. We can't get
9 him here today. You will have him here Monday.
10 MR. DOUGLAS MULDER: I understand,
11 Judge, but he has been here for three weeks. And I told
12 them, that the witnesses that weren't -- that were
13 subpoenaed, were to be released only with my consent.
14 And that was the agreement that we had, and the agreement
15 before this Court.
16 And I told them that I would let them
17 know at the end of the week who I didn't need.
18 MR. GREG DAVIS: Well --
19 THE COURT: Well, I don't think
20 anything was done on either side maliciously.
21 It is Friday morning, and we can't get
22 him here today. He will be here Monday. So, I am sure
23 Mr. Davis will have him here.
24 MR. GREG DAVIS: Yes, sir.
25 MR. DOUGLAS MULDER: Well, also,
Sandra M. Halsey, CSR, Official Court Reporter
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1 instruct them not to tamper with him.
2 MR. GREG DAVIS: If the record could
3 also reflect, please, that we have several times asked
4 Mr. Mulder, please, give us the names of any witnesses
5 that you want down here.
6 And he's consistently said that he
7 won't do that, and we certainly understand that. But at
8 the same time, if a witness needs to be here, we do need
9 some lead time to get them here from Dallas.
10 So, that is all that I am asking, not
11 any lineup.
12 MR. DOUGLAS MULDER: Well, wait a
13 second.
14 THE COURT: Just a minute, gentlemen.
15 We will do this one at a time. Mr. Davis, continue.
16 MR. GREG DAVIS: So again, I'm just --
17 I'm not asking for a lineup or anything else, but the
18 witnesses that we need to get here from Dallas, we need
19 some advance notice, whatever that may be, and we will
20 make our very best efforts to get them back down here.
21 MR. DOUGLAS MULDER: Judge, I'm not
22 concerned with them getting my witnesses down here. I
23 will get my own witnesses.
24 But witnesses that are subpoenaed by
25 them, served by them, I am entitled to rely on that
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1 subpoena. Patterson was subpoenaed by them, was served
2 by them, was here. And I am entitled to have him here in
3 attendance to the Court until I excuse him, or agree to
4 other plans.
5 MR. RICHARD C. MOSTY: It pretty much
6 defeats the purpose of all this, if every time we want a
7 witness they get a day to go up there and prep him,
8 before he comes back down here.
9 THE COURT: Well, Mr. Mosty, and Mr.
10 Mulder, this is the first witness that has occurred to or
11 with. And I think -- I know the State will have him here
12 Monday, and I'm directing them to, and I'm ordering both
13 sides not to tamper with any witness.
14 MR. DOUGLAS MULDER: Well, Judge, I
15 would ask the Court to suggest to them that witnesses
16 that are under subpoena, that they get them down here in
17 attendance to the Court, in accordance with the law.
18 THE COURT: Well --
19 MR. DOUGLAS MULDER: And I will decide
20 if I don't want them.
21 THE COURT: Well, Mr. Mulder, thank
22 you very much. I am directing both sides to get the
23 appropriate witnesses down here. And, then we will
24 decide when they are going to be put on. And each side
25 will have the right to put on whatever witness it wants
Sandra M. Halsey, CSR, Official Court Reporter
3922

1 to put on, at the appropriate time.
2 With that having been said, we're
3 going to bring the jury in, and continue with the trial.
4 Who will be your next witness?
5 MR. CURTIS GLOVER: She is on her way,
6 Judge. Her name is Julie Clark.
7 THE COURT: Julie Clark.
8 All right. Bring the jury in, please.
9
10 (Whereupon, the jury
11 Was returned to the
12 Courtroom, and the
13 Proceedings were
14 Resumed on the record,
15 In open court, in the
16 Presence and hearing
17 Of the defendant,
18 As follows:)
19
20 THE COURT: Ms. Clark, will you raise
21 your right hand please?
22
23 (Whereupon, the witness
24 was duly sworn by the
25 Court, to speak the truth,
Sandra M. Halsey, CSR, Official Court Reporter
3923

1 the whole truth and
2 nothing but the truth,
3 after which, the
4 proceedings were
5 resumed as follows:)
6
7 THE COURT: Do you solemnly swear or
8 affirm that the testimony you are about to give will be
9 the truth, the whole truth, and nothing but the truth, so
10 help you God?
11 THE WITNESS: I do.
12 THE COURT: All right. Have a seat up
13 here please.
14 MR. DOUGLAS MULDER: Your Honor, our
15 next witness will be Jimmy Patterson who was under
16 subpoena, and was in attendance --
17 MR. GREG DAVIS: Your Honor, if the
18 Court will recall, we had a discussion outside of the
19 presence of the jury.
20 It was my understanding that this sort
21 of speech would not be made at this time.
22 THE COURT: Mr. Mulder, Mr. Patterson
23 is not present. Mr. Patterson will be here Monday. Is
24 that clear?
25 MR. DOUGLAS MULDER: That's clear.
Sandra M. Halsey, CSR, Official Court Reporter
3924

1 THE COURT: Fine. Thank you.
2 MR. DOUGLAS MULDER: Thank you, Judge.
3 THE COURT: I'll ignore that comment
4 at this time. The agreement was not to mention that
5 name, and I will kindly ask you not to do that in the
6 future. Is that clear?
7 MR. DOUGLAS MULDER: Judge, I
8 understand what the Court just said.
9 THE COURT: Thank you.
10 MR. DOUGLAS MULDER: I understand what
11 the arrangements were.
12 THE COURT: Thank you very much.
13 THE COURT: Now, ladies and gentlemen,
14 this witness has been sworn outside of your presence.
15 And if you will please state your
16 name, ma'am, and spell it for the court reporter.
17 THE WITNESS: Julie Clark. J-U-L-I-E,
18 C-L-A-R-K.
19 THE COURT: Speak loud enough so the
20 last two jurors can hear you. Okay. Go ahead, please.
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
3925

1 Whereupon,
2
3 JULIE CLARK,
4
5 was called as a witness, for the Defense, having been
6 first duly sworn by the Court to speak the truth, the
7 whole truth, and nothing but the truth, testified in open
8 court, as follows:
9
10
11 DIRECT EXAMINATION
12
13 BY MR. CURTIS GLOVER:
14 Q. Julie, where do you live?
15 A. I live in Rockwall, Texas.
16 Q. Okay. For the folks here in
17 Kerrville, that is just an adjoining county to Dallas,
18 isn't it?
19 A. Yes, it is.
20 Q. Close to Rowlett?
21 A. Very close.
22 Q. Okay. What do you up there? What
23 kind of work do you do?
24 A. I'm a farm manager.
25 Q. Okay. What does that entail?
Sandra M. Halsey, CSR, Official Court Reporter
3926

1 A. Breeding manager for Arabian horses
2 and German Shepherd dogs.
3 Q. Okay. And you also have an animal
4 collection, don't you?
5 A. Yes, I do.
6 Q. What might that be?
7 A. We have several exotic cats. We have
8 a nonprofit organization, TEARS, for abandoned exotic
9 animals.
10 Right now, we have three Bengal tigers
11 and two mountain lions.
12 Q. You have raised some of those by hand,
13 haven't you?
14 A. Yes, we have.
15 Q. All right. Are you married, Julie?
16 A. Yes, I am.
17 Q. You have any kiddos?
18 A. One daughter.
19 Q. Okay. How old is she?
20 A. She is four.
21 Q. How do you know Darlie Routier?
22 A. My husband Steve, met Darin through
23 work, and soon after my daughter was born we were invited
24 to a Christmas party, and we met them there and have been
25 friends ever since.
Sandra M. Halsey, CSR, Official Court Reporter
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1 Q. About how many years ago would that
2 have been?
3 A. About four years.
4 Q. Okay. At some point in time, you and
5 your family had an occasion to live with the Routiers.
6 What occasioned that?
7 A. We were going to have a new home
8 built, and we were living with my mother and her husband,
9 and we basically had a disagreement, and we didn't have
10 anywhere else to go at the time, so Darlie invited us to
11 live with them for about a month and a half.
12 Q. Okay. Did you and Darlie become good
13 friends?
14 A. Very good friends.
15 Q. Okay. You shared a particular
16 interest. What was that?
17 A. A love of animals.
18 Q. Okay. Explain that to the jury, if
19 you will, what that means.
20 A. Well --
21 Q. Did Darlie have animals?
22 A. Darlie had several animals, several
23 cats and one dog.
24 Q. Okay. And you loved animals?
25 A. Um-hum. (Witness nodding head
Sandra M. Halsey, CSR, Official Court Reporter
3928

1 affirmatively.)
2 Q. That was kind of a mutual interest
3 between the two of you?
4 A. Yes.
5 Q. Did y'all pal around together?
6 A. Yes, we did.
7 Q. Okay. What would that amount to?
8 A. We had dinner together usually at
9 least once a week, sometimes through the week, sometimes
10 we spent the night over, the kids played very well.
11 We went camping together, we went on
12 vacations together, we went shopping together.
13 Q. Did you have an occasion to see her
14 around her children?
15 A. All the time.
16 Q. Describe that relationship, if you
17 would.
18 A. Darlie had a real good relationship
19 with the boys. I had Courtney when I was young and I
20 didn't do really well, she helped me a tremendous amount.
21 She was very patient with them and a lot of times I
22 wasn't.
23 And she helped me learned to be
24 patient with Courtney, and she just had a very loving
25 relationship with them.
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1 Q. Okay. Did you have an occasion at one
2 point in time to work in their shop there, Testnec?
3 A. Testnec, yes, sir.
4 Q. Okay. What would you do there?
5 A. Test technician, building fixtures to
6 test circuit boards on, testing circuit boards, QC'ing
7 circuit boards, everything the job entailed.
8 Q. Okay. How long did you work there?
9 A. About 10 months.
10 Q. Was there a woman working there by the
11 name of Barbara Jovell?
12 A. Yes, there was.
13 Q. Okay. She has described Darlie as
14 being a selfish, materialistic --
15
16 MR. GREG DAVIS: I'm going to object
17 to that comparison of the testimony, your Honor.
18 THE COURT: The Court will sustain the
19 objection.
20
21 BY MR. CURTIS GLOVER:
22 Q. Is Darlie a selfish, self-centered,
23 materialistic person in your view?
24 A. No, absolutely not.
25 Q. Do any of those adjectives apply to
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1 her at all?
2 A. No.
3 Q. You, I guess, had an occasion in June
4 of '96 to learn of the tragedy?
5 A. Yes, I did.
6 Q. Tell the jury about that.
7 A. As far as how I learned of it?
8 Q. Yes.
9 A. Well, apparently Darin didn't have our
10 home number in his wallet, but he had my husband's beeper
11 number.
12 Darlie's sister beeped us about 5:30
13 in the morning and we called back and, of course, Dana
14 told us what happened.
15
16 MR. GREG DAVIS: I'm going to object
17 to whatever Dana told her as being hearsay.
18 THE COURT: Ma'am, here is the thing.
19 Don't say what other people told you. All right?
20 THE WITNESS: Okay.
21 THE COURT: Just listen to the
22 question, but don't get into things like that. Okay?
23 THE WITNESS: Okay.
24 THE COURT: You may want to rephrase
25 your question.
Sandra M. Halsey, CSR, Official Court Reporter
3931

1 MR. CURTIS GLOVER: I will.
2
3 BY MR. CURTIS GLOVER:
4 Q. Julie, as a result of what you learned
5 about those events with the boys, tell the jury what you
6 did.
7 A. Well, I think I was in a tremendous
8 amount of shock at first. I got up and I went through a
9 full range of emotions. I didn't know whether to tell
10 Courtney or --
11
12 THE WITNESS: I'm sorry.
13 THE COURT: That's all right. Take
14 your time.
15 THE WITNESS: Anyhow, I got up and I
16 went to the hospital.
17
18 BY MR. CURTIS GLOVER:
19 Q. Okay. Did you see Darlie there?
20 A. Um-hum. (Witness nodding head
21 affirmatively.)
22 Q. Describe her for the jury, if you
23 would.
24 A. Well, she was still -- seemed somewhat
25 incoherent but I went in and talked to her and --
Sandra M. Halsey, CSR, Official Court Reporter
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1 Q. Did she seem to understand what had
2 happened?
3 A. Seemed like.
4 Q. Pardon?
5 A. Seemed like. She was upset and crying
6 and didn't understand how someone could do that to Devon
7 and Damon.
8 Q. Okay. Did you have occasion -- and
9 you saw her there, of course, in the hospital shortly
10 after that, I guess?
11 A. Um-hum. (Witness nodding head
12 affirmatively.)
13 Q. Okay. Did you have an occasion,
14 Julie, to go to what has been referred to as the viewing
15 of the boys there at the funeral home?
16 A. Yes, I did.
17 Q. Okay. Did you see Darlie there?
18 A. Yes.
19 Q. Okay. Describe her emotions there, if
20 you would.
21 A. She seemed up and down. She was
22 trying to be strong, but when I got up there, we just
23 hugged each other and started crying.
24 Q. Okay. You are how old, Julie?
25 A. I'm 23.
Sandra M. Halsey, CSR, Official Court Reporter
3933

1 Q. Okay. You have had occasion, I guess,
2 to grieve in the past?
3 A. Yes, I have.
4 Q. Was Darlie grieving?
5 A. I believe so.
6 Q. Any doubt in your mind about that?
7 A. No doubt.
8 Q. Okay. Did you have an occasion then,
9 I guess, to go to the funeral?
10 A. Yes, I did.
11 Q. Okay. And after the funeral, did you
12 have occasion then to go to any of the events that
13 occurred thereafter? I believe there was a prayer
14 service at the grave side. Did you have occasion to go
15 to that?
16 A. Yes -- I'm sorry. When? Right after
17 the funeral?
18 Q. It was on the 14th, I think, of June?
19 A. Oh, yes. No, I didn't go the prayer,
20 I went to the birthday party following the prayer service
21 because I couldn't get off of work.
22 Q. Okay. Did you know what the birthday
23 party was to be?
24 A. Yeah, mainly for the neighborhood
25 children, and I brought Courtney. And Devon made a huge
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1 deal out of turning seven for so long, and we were
2 invited to the birthday party, so we decided to go ahead
3 and take Courtney to that.
4 Q. Okay. Did you see anything
5 inappropriate about that?
6 A. No. Mainly, I was talking to other
7 people and, you know, singing birthday songs and trying
8 to be uplifting to the children.
9 Q. Okay. There were little mementos left
10 around on the grave, weren't there? Balloons and that
11 sort of thing?
12 A. Yes.
13 Q. Did you find that to be okay?
14 A. Yeah.
15 Q. Okay.
16
17 MR. CURTIS GLOVER: We'll pass the
18 witness.
19
20
21 CROSS EXAMINATION
22
23 BY MR. GREG DAVIS:
24 Q. Ms. Clark, my name is Greg Davis. I
25 just have a few question for you. If you need to take a
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3935

1 break at any time while I am talking with you, let me
2 know, okay?
3 A. Okay.
4 Q. Ms. Clark, would you agree with me
5 that the defendant is an intelligent woman?
6 A. Yes.
7 Q. Okay. In fact, she -- would it be
8 fair to say, since her husband was out working, that she
9 basically ran that house over there on Eagle Drive,
10 didn't she?
11 A. Basically.
12 Q. Okay. And she also helped with the
13 books up there at Testnec, correct?
14 A. Yes.
15 Q. In fact, she had worked up there --
16 hadn't she worked with her husband at what, Cuplex
17 before?
18 A. I believe so.
19 Q. So certainly an intelligent woman,
20 correct?
21 A. Um-hum. (Witness nodding head
22 affirmatively.)
23 Q. Okay. You said that you had taken
24 vacations together with the family. Were you with the
25 family when they went to Las Vegas in 1995?
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1 A. No.
2 Q. Did you go with the family in 1995 to
3 Durango, Colorado?
4 A. No.
5 Q. How about the trip in 1995 to Grand
6 Cayman Island in the Caribbean?
7 A. No.
8 Q. You stated that you didn't feel the
9 defendant was materialistic or selfish. Would it be fair
10 to say then that you were familiar with her financial
11 situation, her family's finances?
12 A. Not as much as to know how they may
13 have kept their checkbook or anything like that, but as
14 far as, you know, shopping and things of that nature.
15 Q. Okay. Certainly familiar with what
16 she bought and things that she liked to acquire?
17 A. Um-hum. (Witness nodding head
18 affirmatively.)
19 Q. Would it be fair to say that Darlie
20 Routier, she loved nice things, didn't she?
21 A. She loved for her family to have nice
22 things.
23 Q. Okay. Well, the 28 foot boat out
24 there on the lake, that was a pretty nice boat, wasn't
25 it, that they had on Lake Ray Hubbard?
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1 A. Yeah, that was Darin's boat.
2 Q. The spa in the backyard, that was a
3 new, very nice spa, wasn't it?
4 A. Yes.
5 Q. And having been inside the house, you
6 certainly know that it was furnished very nicely, wasn't
7 it?
8 A. Yes, it was.
9 Q. Now, as a very -- and you were very
10 close, and still are a very close friend with the
11 defendant, aren't you?
12 A. Yes, I am.
13 Q. Okay. Since this occurrence, you
14 visited with her several times, have you not?
15 A. Yes, I have.
16 Q. Do you have any idea of the number of
17 times that you have gone to the jail, either in Dallas
18 County or here in Kerr County to visit with the
19 defendant?
20 A. I don't have any idea. I mean to add
21 them up, probably, maybe 20.
22 Q. And, as a very close friend, wouldn't
23 it also be fair to say that you were pretty familiar with
24 her emotional state over the time period that you knew
25 her? You knew when she was up and you also knew when she
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1 might be down; is that right?
2 A. Yes.
3 Q. She certainly had up times, didn't
4 she?
5 A. Yes, she did.
6 Q. And wouldn't it also be fair to say
7 that, like all of us, she also had times when she got
8 down?
9 A. Yes, she did.
10 Q. And in 1996, wouldn't it be fair to
11 say that after Drake was born before the murders occurred
12 in June, that there were several times that Darlie had
13 down periods during that period?
14 A. There were, but there were several
15 times that she had up periods.
16 Q. Okay. But again, my question to you
17 was: You certainly would have to agree with me that
18 during that time period, you saw down periods also,
19 didn't you?
20 A. I did.
21 Q. Darlie was unhappy with the way she
22 looked, wasn't she?
23 A. I think she was on a diet. We never
24 really talked about it with each other as far as being
25 concerned about our weight, because I really didn't care
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3939

1 that much about mine.
2 Q. Would it be fair to say that Darlie
3 took a great deal of pride in the way that she looked,
4 her appearance?
5 A. I think most women do.
6 Q. Okay. And, she had certainly gained
7 weight since the birth of Drake?
8 A. If she had, it wasn't a whole lot,
9 only because she could still fit into her jeans that she
10 wore before she had him. So --
11 Q. Were you aware that shortly before
12 this that Darlie had started to take diet pills to try to
13 lose that weight?
14 A. Yes.
15 Q. And wouldn't it also be true that
16 taking care of two boys, Devon and Damon, and a new baby,
17 wouldn't it be true that that also put a pretty good
18 amount of pressure on this woman?
19 A. Well, when Courtney was seven months
20 old, I also babysat Devon and Damon for a period of about
21 three months, and the boys were very good children, very
22 easy to take care of, very clean.
23 Q. Okay. Darlie, she really liked a very
24 clean house, didn't she?
25 A. Yeah, she liked it to be straight and
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1 nice.
2 Q. Matter of fact, anybody that went in
3 the house, including the kids, had to take their shoes
4 off, didn't they?
5 A. No.
6 Q. They didn't?
7 A. My husband didn't take his shoes off.
8 Q. Okay.
9 A. I generally tried to, but if I didn't,
10 it's not like Darlie would gripe at us and say, "Go back
11 to the door and take your shoes off," or anything.
12 Q. Well, it wouldn't be uncommon though
13 when you went over there to see the kids' shoes out on
14 the front porch or on the back porch, would it?
15 A. Oh, yeah, I have a brand new house and
16 I try to make my child take her shoes off also.
17 Q. And, having a child, as some of us do,
18 you know, kids are not always the neatest in the world,
19 are they?
20 A. No, they're not.
21 Q. They like to play and sometimes they
22 mess up stuff in the house, don't they?
23 A. Yes, they do.
24 Q. And, I want to direct your attention
25 to the early part of May of 1995?
Sandra M. Halsey, CSR, Official Court Reporter
3941

1 A. Okay.
2 Q. First week in May, were you still in
3 very close contact with the defendant at that time?
4 A. Um-hum. (Witness nodding head
5 affirmatively.)
6 Q. How would you describe --
7
8 THE COURT: Ma'am, please, say yes or
9 no.
10 THE WITNESS: Oh, I'm sorry. Yes,
11 yes.
12
13 BY MR. GREG DAVIS:
14 Q. Okay. If you will do that for the
15 benefit of the court reporter.
16 A. Yes.
17 Q. Okay. During that first week in May,
18 how would you describe the defendant's emotional state?
19 A. She was depressed. Soon after she had
20 her period and everything, soon after that, she got a lot
21 better and seemed a lot happier.
22 Q. Okay. When you say she was depressed,
23 what do you mean by that? How did you know that she was
24 depressed?
25 A. Well, just being around her, I knew
Sandra M. Halsey, CSR, Official Court Reporter
3942

1 how she reacts to certain things, and she just wasn't
2 quite as happy as she had been, but certainly had
3 recovered.
4 Q. Would it be fair to say that she
5 doesn't deal with stress real well? That one of the
6 things that she doesn't react well to is stress?
7 A. I think she deals with stress very
8 well.
9 Q. If, for instance, well, would you be
10 surprised then that upon the entry into the hospital at
11 Baylor that that was one of the questions asked, and the
12 response was not good in reaction to stress? That would
13 surprise you, I guess, wouldn't it?
14 A. Well, it depends on the amount of
15 stress. Normal, everyday, bookkeeping type of stress, I
16 think she deals with very well, with her children being
17 murdered, I don't think she would deal well with that at
18 all.
19 Q. Well, are you aware of the journal
20 that she was keeping?
21 A. I was aware of an entry but only
22 through the media.
23 Q. You have received several letters from
24 Darlie over the years, have you not?
25 A. Over the past six months, yes.
Sandra M. Halsey, CSR, Official Court Reporter
3943

1 Q. Since she has been in jail?
2 A. Yes.
3 Q. You certainly would recognize her
4 handwriting, wouldn't you?
5 A. Yes, I would.
6 Q. Okay.
7
8 (Whereupon, the following
9 mentioned item was
10 marked for
11 identification only
12 after which time the
13 proceedings were
14 resumed on the record
15 in open court, as
16 follows:)
17
18 BY MR. GREG DAVIS:
19 Q. Ms. Clark, if you will, I'm going to
20 ask you to look at a portion of State's Exhibit 90, that
21 I have paper clipped this.
22 If you would, please look at the pages
23 that I have paper clipped, and tell me whether or not you
24 recognize that to be the writing of Darlie Routier.
25
Sandra M. Halsey, CSR, Official Court Reporter
3944

1 MR. DOUGLAS MULDER: Judge, what is
2 the purpose of this? If this is to -- if he is trying to
3 offer this into evidence, if he will just let us know, we
4 can make it easy on him.
5 MR. GREG DAVIS: Well, I'll offer it
6 at this time.
7 MR. DOUGLAS MULDER: We have no
8 objection.
9 MR. GREG DAVIS: Good.
10 THE COURT: All right. State's
11 Exhibit 90 is admitted.
12
13 (Whereupon, the above
14 mentioned item was
15 received in evidence
16 as State's Exhibit.
17 No. 90, for all purposes,
18 after which time, the
19 proceedings were
20 resumed on the record,
21 in open court,
22 as follows:)
23
24 BY MR. GREG DAVIS:
25 Q. Ms. Clark, let me turn back first to
Sandra M. Halsey, CSR, Official Court Reporter
3945

1 the front portion of the book, and does it appear to say:
2 "This book belongs to Darlie Routier, born January 4th,
3 1970"?
4 A. Yes, it appears that way.
5 Q. And as we look towards the last entry
6 there, do we see that it's dated May 3rd, 1996?
7 A. Yes.
8 Q. Okay. It appears to be addressed to
9 Devon, Damon and Drake, and it appears to be her writing;
10 is that right?
11 A. Yes.
12
13 MR. GREG DAVIS: Your Honor, if I
14 could publish this at this time?
15 THE COURT: You may.
16 MR. GREG DAVIS: Ladies and gentlemen,
17 this is dated 5-3-96, Devon, Damon --
18 MR. DOUGLAS MULDER: Excuse me, Judge,
19 under the Rule of Completeness, we would like to have him
20 read the entire journal.
21 MR. GREG DAVIS: I'm offering the
22 entire journal. I simply wish to publish this portion
23 first.
24 THE COURT: Well, just read that
25 portion of it. It's all in evidence.
Sandra M. Halsey, CSR, Official Court Reporter
3946

1 Go ahead, please.
2 MR. GREG DAVIS: Thank you.
3
4 BY MR. GREG DAVIS:
5 Q. "I hope that one day you will forgive
6 me for what I am about to do. My life has been such a
7 hard fight for a long time, and I just cannot find the
8 strength to keep fighting anymore. I love you three more
9 than anything else in this world, and I want all three of
10 you to be healthy and happy. I don't want you to see a
11 miserable person every time you look at me. Your dad
12 loves you all very much and I know in my heart he will
13 take care of my babies. Please do not hate me or think
14 in any way that this is your fault. It's just that I..."
15 And, Ms. Clark, have I now stopped
16 where the writing stopped in the book?
17 A. Yes.
18 Q. At or near the time that that entry is
19 dated, Ms. Clark, did you discuss with Darlie the types
20 of problems that led her to make that sort of entry in
21 this journal?
22 A. No, I didn't. I just --
23 Q. Ms. Clark, I know you have a family as
24 we all do. Would it be fair to say that even with the
25 best of friends there are some things that maybe you
Sandra M. Halsey, CSR, Official Court Reporter
3947

1 don't share with friends that you keep within your own
2 home or your own family?
3 A. I'm sure there are.
4 Q. Ms. Clark, I want to move forward to
5 when you were with the defendant in the hospital.
6 You said that she appeared to be
7 incoherent but she seemed to understand what had
8 happened; is that right?
9 A. Yeah.
10 Q. Did she tell you what had happened to
11 her and the two boys that morning?
12 A. She told me a little bit of what she
13 thought happened.
14 Q. All right. Could you please relate to
15 us what the defendant told you there in the hospital?
16 A. She just had said that they had fallen
17 asleep downstairs in what we call the Roman room, I guess
18 they call it the living room, I'm not sure, which we do
19 quite often.
20 She said that she was somewhat waken
21 up, but Damon had come over and nudged her and that
22 really kind of brought her to, and she felt someone down
23 maybe by her legs, I don't know whether she had said -- I
24 can't remember what she said whether he was touching her
25 or what.
Sandra M. Halsey, CSR, Official Court Reporter
3948

1 But she got up and the guy had gone
2 through the kitchen and she followed him that way. He
3 went out through the laundry room into the garage, and
4 she had followed him to the laundry room, and found the
5 knife on the laundry room floor. Came back, and turned
6 the light on in the kitchen. And that is when she, as
7 far as I can remember, that's when she noticed she was
8 cut, and then looked over and saw Devon laying on the
9 floor and Damon was there.
10 Q. All right. I was trying to take this
11 down as you were talking. Let me see if I got it. Okay?
12 A. Okay.
13 Q. She said she had fallen asleep down in
14 the Roman room that night, correct?
15 A. Right.
16 Q. That she was -- did she tell you where
17 she was sleeping in the Roman room?
18 A. Well, I don't recall if she told me,
19 but she always sleeps on the long, green couch, so I
20 assumed that is where she was sleeping.
21 Q. Okay. Would that be the one over
22 close to the windows that face the backyard?
23 A. Yes.
24 Q. Okay. And the one -- are you familiar
25 with the cat cage that is over by the big-screen TV?
Sandra M. Halsey, CSR, Official Court Reporter
3949

1 A. I think the last time I was in there,
2 it was over by the windows.
3 Q. All right. So she is asleep and then
4 Damon nudges her and that is when she really comes awake;
5 is that right?
6 A. Um-hum. (Witness nodding head
7 affirmatively.)
8
9 THE COURT: Is that a yes, ma'am?
10 THE WITNESS: Yes. I'm sorry.
11 THE COURT: Very -- all right. That
12 is good.
13
14 BY MR. GREG DAVIS:
15 Q. All right. She looks up and there is
16 a man down by her legs; is that correct?
17 A. Right. And what I can't recall
18 whether she said if he was touching her or anything like
19 that. I just recall her saying that she saw the back of
20 him and he went towards the kitchen and out through the
21 laundry room.
22 Q. Okay. So, saw the back of him. Did
23 she describe him doing anything up here around her neck
24 with a knife or any other instrument?
25 A. I don't remember.
Sandra M. Halsey, CSR, Official Court Reporter
3950

1 Q. Okay. So, saw the man by her legs.
2 Saw his back, he then got up, and went through the
3 kitchen?
4 A. Um-hum. (Witness nodding head
5 affirmatively.)
6 Q. And she started to follow after him;
7 is that right?
8 A. Yes.
9 Q. Okay. Did she describe how this man
10 was leaving? Was he just walking, running, what was he
11 doing?
12 A. I don't remember her saying whether
13 anyone was walking or running.
14 Q. Okay.
15 A. I would assume he was running.
16 Q. Okay. So, you assume the man is
17 running through the kitchen, she is chasing him, correct,
18 or following him?
19 A. Following him.
20 Q. Following him. Then she gets to the
21 laundry room. Would it be fair -- utility room, where
22 the washing machine and dryer are?
23 A. Right. Right.
24 Q. Okay. And, it's inside the utility or
25 the laundry room on the floor is where she sees the
Sandra M. Halsey, CSR, Official Court Reporter
3951

1 knife, right?
2 A. I believe so.
3 Q. Okay. That is certainly the way that
4 you remember her describing it, right?
5 A. That's how I remember it.
6 Q. Okay. Not in the kitchen, not in the
7 family room, the laundry room floor, correct?
8 A. Right.
9 Q. And, did she pick the knife up at some
10 point?
11 A. Yes.
12 Q. All right. Was that before or after
13 she went back into the kitchen and turned the light on?
14 A. That, I'm not sure about. I don't
15 know if she turned the light on and then actually went
16 back and looked, or if she picked it up and carried it
17 over and then turned the light on.
18 Q. All right. So at some point then, she
19 turned the light on in the kitchen, and then went back
20 into the family room, or the Roman room?
21 A. Yeah. She didn't really tell me much
22 past -- she said that Damon was there, and I believe she
23 said she asked him to lay down, and I don't know if -- I
24 really don't know whether she went to get Darin, but she
25 said she got some towels and wet them and put them on
Sandra M. Halsey, CSR, Official Court Reporter
3952

1 Damon's back.
2 Q. Okay. So she actually told you that
3 she had to tell Damon to lay down; is that right?
4 A. Well --
5 Q. Or she told him to lay down?
6 A. Well, actually that part I'm not sure
7 about. I don't know if he laid down or if she went over
8 and told him or what. I don't know how that happened. I
9 know that he laid down, she said he laid down and she
10 went and got some towels, and wet them, and put them on
11 his back.
12 Q. And then actually placed them on his
13 back, right?
14 A. I would assume so.
15 Q. And then, what is the next thing that
16 she said that she did?
17 A. Well, we pretty much didn't talk about
18 anything else after that.
19 Q. All right. And what sort of
20 description of this man did she give you?
21 A. She just said she thought he was --
22 she didn't say he was huge or anything, she said she
23 thought he was somewhat built, maybe had a T-shirt and a
24 ball cap on. She just said she saw the back of him.
25 Q. Okay. White or black?
Sandra M. Halsey, CSR, Official Court Reporter
3953

1 A. At that time she said she really
2 wasn't sure, possibly white.
3 Q. Hair; long, short?
4 A. I believe she said medium-length hair.
5 Q. Okay. What do you understand to be
6 medium-length? Is mine medium?
7 A. No, yours is short.
8 Q. Okay.
9 A. Maybe past the collar.
10 Q. Okay. A little bit past the shirt
11 collar then?
12 A. Yes, maybe a little bit longer.
13 Q. Okay. We have ball cap, T-shirt, how
14 about socks, anything in his hands, gloves that he was
15 wearing?
16 A. She didn't say, but I would think she,
17 you know, she just described the back of him, if he was
18 moving, I don't know if she could have seen anything in
19 his hands.
20 Q. But didn't describe anything for you
21 though?
22 A. She didn't.
23 Q. And, what did she say that this man
24 said to her?
25 A. I don't recall her saying anything
Sandra M. Halsey, CSR, Official Court Reporter
3954

1 that went on verbally either way.
2 Q. All right. So, your recollection is
3 today that there was no discussion about what the man
4 said to her or what she may have said to him. As far as
5 you know there was nothing, right?
6 A. As far as I know, I don't know what
7 went on.
8 Q. Certainly what you know about the
9 event is what the defendant has told you, since you
10 weren't there; is that right?
11 A. Right.
12 Q. And, that evening, June 5th, the night
13 leading up to this, had you been over at the Routier's
14 that night?
15 A. No, we were going to go because it was
16 my birthday the day before, but I had a bunch going on
17 and canceled.
18 Q. Okay. In your 20 other visits with
19 the defendant since she has been in jail, what other
20 information has she given you? Has she been able to give
21 you a better description of what happened to her that
22 night?
23 A. Not that I can -- she just -- that's
24 all she has ever told me. As far as the man or anything,
25 it's always been, that's all she could remember.
Sandra M. Halsey, CSR, Official Court Reporter
3955

1 Q. Okay. Have you all discussed it when
2 you have gone to the jail to visit with her?
3 A. Not much because I try not to talk
4 about that. I try to rather tell her about the good
5 stories that we have had with my daughter and try to lift
6 her up emotionally.
7
8 MR. GREG DAVIS: I'll pass the
9 witness, your Honor.
10
11
12 REDIRECT EXAMINATION
13
14 BY MR. CURTIS GLOVER:
15 Q. Needless to say, Julie, I guess a good
16 description of how she could describe what went on there
17 that night was both difficult as well as fuzzy?
18
19 MR. GREG DAVIS: I'm going to object
20 to that as being leading.
21 THE COURT: You may want to rephrase
22 your question. Go ahead.
23
24 BY MR. CURTIS GLOVER:
25 Q. Stated facts with reference to whether
Sandra M. Halsey, CSR, Official Court Reporter
3956

1 or not it seemed fuzzy to her or difficult?
2 A. Yeah.
3 Q. Okay. And now, there has been some
4 discussion about the fact that Darlie suffered from the
5 blues after Drake was born. Is that a good description
6 of it, blues?
7 A. Yes.
8 Q. Is that a postpartum-type thing?
9 A. I believe so.
10 Q. Women understand that, I guess, among
11 themselves better than perhaps men do?
12 A. Yes.
13 Q. Do you know what I'm talking about?
14 A. Yes, I do.
15 Q. Would you describe what Darlie was
16 going through as perhaps being that?
17 A. As far as emotionally, how she seemed
18 to me?
19 Q. Right.
20 A. She had good days as well as bad. I
21 know that she hadn't been having her menstrual period.
22 Q. Did y'all talk about that?
23 A. Yes.
24 Q. Okay. Well, was that of some concern?
25 A. Medically or physically or mentally?
Sandra M. Halsey, CSR, Official Court Reporter
3957

1 Q. Just y'all talking about it.
2 A. Well, it didn't seem abnormal, because
3 she breast-fed Drake, and according to the doctors you
4 don't have menstrual cycles during that period.
5 Q. Okay. Did she ultimately then have a
6 menstrual cycle?
7 A. Yes, she did.
8 Q. Was that such that it became a topic
9 of conversation?
10 A. Yes, it did.
11 Q. What did it do as far as uplifting
12 her?
13 A. It made a tremendous difference in
14 her. I don't want to be rude or anything, as far as her
15 sex drive, and things of that nature, it made a
16 turn-around for her.
17 Q. Okay. And y'all talked about it?
18 A. Yes.
19 Q. Okay. And, did she seem somewhat
20 relieved emotionally, that things were back to normal?
21 A. Yes, she did.
22 Q. Okay. Did you -- was her situation
23 there remarkable as far as her attitude and whatnot?
24 A. As far as being overly happy?
25 Q. Or sad or whatever.
Sandra M. Halsey, CSR, Official Court Reporter
3958

1 A. No, she seemed pretty much back to
2 normal.
3 Q. Okay. Well, before that even
4 occurred, were you concerned?
5 A. Before that occurred, I mean, you
6 know, we had dinner with them usually at least once a
7 week, and we talked about our problems and we talked
8 about the good times that we had had that week, and it
9 didn't seem so -- for me to be very, you know, all that
10 much concerned about it.
11 Q. Okay.
12 A. I mean, yeah, I don't like it when my
13 friends are not happy, but usually by the time we left we
14 were happy and having a good time.
15 Q. Okay. Needless to say, did her
16 appearance become bedraggled like that of a person who is
17 down and out?
18 A. No, Darlie always looked nice.
19 Q. Okay. Was her house well-kept?
20 A. Yes.
21 Q. Was she -- did she have the normal
22 concerns that you had always observed in her?
23 A. Yes.
24 MR. CURTIS GLOVER: Pass the witness.
25
Sandra M. Halsey, CSR, Official Court Reporter
3959

1
2 RECROSS EXAMINATION
3
4 BY MR. GREG DAVIS:
5 Q. Just one other question, Ms. Clark.
6 Had you ever seen her deal with her mortgage being in
7 default before?
8 A. I never knew of her mortgage being in
9 default.
10
11 MR. GREG DAVIS: No further questions.
12 THE COURT: Ma'am, you will be
13 stepping down now. You are now under what's called the
14 Rule of Evidence.
15 Here is what that means: When you are
16 not testifying, you have to remain outside of the
17 courtroom. Don't talk about your testimony or about what
18 you testified to here in Court. In other words, don't
19 compare.
20 You may talk to the attorneys for
21 either side. But, if anybody tries to talk to you about
22 your testimony, please tell the attorney for the side who
23 called you. Okay?
24 THE WITNESS: Okay.
25 THE COURT: If you will step down,
Sandra M. Halsey, CSR, Official Court Reporter
3960

1 please.
2 THE COURT: Your next witness. Mr.
3 Glover, who will be next?
4 MR. CURTIS GLOVER: LuAnn Black.
5 THE COURT: Raise your right hand,
6 please, ma'am.
7
8 (Whereupon, the witness
9 Was duly sworn by the
10 Court, to speak the truth,
11 The whole truth and
12 Nothing but the truth,
13 After which, the
14 Proceedings were
15 Resumed as follows:)
16
17 THE COURT: Do you solemnly swear or
18 affirm that the testimony you are about to give will be
19 the truth, the whole truth, and nothing but the truth, so
20 help you God?
21 THE WITNESS: I do.
22 THE COURT: Have a seat right here.
23 Is this the first time you have testified?
24 THE WITNESS: Yes.
25 THE COURT: Here is the thing, relax
Sandra M. Halsey, CSR, Official Court Reporter
3961

1 and speak into the microphone loudly so the ladies and
2 gentlemen of the jury can hear you. Okay?
3 THE WITNESS: Okay.
4 THE COURT: From time to time you will
5 hear an objection, stop talking until I rule on it.
6 Spell your full name for the court reporter. When
7 answering questions, don't say um-hum or huh-uh. Okay?
8 THE WITNESS: Okay.
9 THE COURT: All right. Go ahead.
10 Please state your name and spell it for the reporter,
11 ma'am.
12 THE WITNESS: LuAnn Black, L-U-A-N-N,
13 B-L-A-C-K.
14 THE COURT: Can the jurors hear the
15 witness? Here is what you are going to have to do. The
16 acoustics are bad, you are going to hear your voice so
17 don't worry about it. Those last two ladies and
18 gentlemen have to hear you. Okay?
19 THE WITNESS: Okay.
20 THE COURT: All right. Go ahead,
21 please.
22 MR. S. PRESTON DOUGLASS: Thank you,
23 your Honor.
24
25
Sandra M. Halsey, CSR, Official Court Reporter

3962

1 Whereupon,
2
3 LUANN BLACK,
4
5 was called as a witness, for the Defense, having been
6 first duly sworn by the Court to speak the truth, the
7 whole truth, and nothing but the truth, testified in open
8 court, as follows:
9
10
11 DIRECT EXAMINATION
12
13 BY MR. S. PRESTON DOUGLASS:
14 Q. Ms. Black, would you please tell the
15 ladies and gentlemen of the jury where you live and what
16 you do for a living.
17 A. Okay. I live in Altoona,
18 Pennsylvania, and I am a loan operations --
19
20 THE COURT: You are going to have to
21 bring your voice up, because neither one of them can hear
22 you.
23 THE WITNESS: Okay.
24 THE COURT: I know this is your first
25 time testifying, and you will hear your voice echo.
Sandra M. Halsey, CSR, Official Court Reporter
3963

1 Don't be worried about it. Just bring it up. Okay.
2
3 BY MR. S. PRESTON DOUGLASS:
4 Q. Are you nervous, Ms. Black?
5 A. Yes.
6 Q. There's more people here than was in
7 my wedding, so I understand your feelings.
8 Let me ask you this: You work at a
9 bank; is that right?
10 A. Yes.
11 Q. What does your husband do for a
12 living?
13 A. He works for Bell Atlantic.
14 Q. And, do you have children?
15 A. One daughter.
16 Q. All right. And, do you know Darlie
17 Routier, obviously?
18 A. Yes, very well.
19 Q. You are her aunt?
20 A. Yes.
21 Q. Okay. Explain that relationship. You
22 are sisters of?
23 A. Darlie Kee.
24 Q. Okay. Darlie was born in
25 Pennsylvania?
Sandra M. Halsey, CSR, Official Court Reporter
3964

1 A. Yes.
2 Q. And, do you recall what age it was
3 that she left Pennsylvania?
4 A. I think it was about 13 or 14.
5
6 THE COURT: Ma'am, we still can't hear
7 you. You have to get your voice way up. Okay.
8 Let's ask the question again, please,
9 Mr. Douglass.
10
11 BY MR. S. PRESTON DOUGLASS:
12 Q. Would you tell the ladies and
13 gentlemen of the jury what age you recall Darlie leaving
14 Pennsylvania.
15 A. To the best of my knowledge, of what I
16 can remember, I think it was like 13 or 14.
17 Q. Okay. And over the years when Darlie
18 became a mother, would she come to visit you in
19 Pennsylvania and would sometimes you go down to visit her
20 family?
21 A. Yes. A lot of times they would come
22 up for the holidays.
23 Q. All right. Can you describe Darlie
24 for the members of the jury?
25 A. She was just -- she's a sweet person,
Sandra M. Halsey, CSR, Official Court Reporter
3965

1 caring, thoughtful.
2 Q. Was she a generous person?
3 A. Yes, very much.
4 Q. Do you remember a trip in which Darlie
5 and Devon and Damon came to Altoona in March of 1995?
6 A. Yes, I do.
7 Q. They spent some time at your house
8 during that time?
9 A. Yes, and at my sister, Sherry's house,
10 also.
11 Q. Did Darlie care about the children and
12 interact well with the children?
13 A. Yes, she loved her children, very,
14 very, much.
15 Q. Was she protective of the children?
16 A. Yes.
17 Q. Do you remember any instances that
18 stick out in your mind where she would watch over the
19 children?
20 A. Yes. There was one time when we were
21 going to my sister Sherry's home for supper, and the boys
22 were wanting to play down in her basement with Sherry's
23 son, Brett. He is the same age. There's 10 days between
24 him and Devon. And they wanted to play in the basement
25 and Darlie Lynn was saying she wanted to know if there
Sandra M. Halsey, CSR, Official Court Reporter
3966

1 was an adult down there because she didn't want them down
2 there unless there was an adult there to watch what they
3 were doing.
4 Q. And was that fairly typical of how
5 Darlie reacted and took care of her kids?
6 A. Oh, yes, yes.
7 Q. Would you describe Darlie as a
8 selfish, materialistic person?
9 A. Never, never.
10 Q. I want to move ahead to June of 1996.
11 And in June, did you travel down to Texas after the
12 children had died?
13 A. Yes, I did.
14 Q. And did you have an opportunity during
15 that trip to go to the hospital upon your arrival?
16 A. Yes.
17 Q. Okay. Do you recall how soon it was
18 that you went to the hospital?
19 A. It was -- we got in on Friday evening,
20 the 7th, and we had taken our luggage back to my sister,
21 Darlie Kee's home, and then we went straight to the
22 hospital.
23 Q. Do you recall at any time when you
24 went to the hospital, or let's go to your first visit, do
25 you recall seeing bruises on Darlie's right arm?
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1 A. Yes, I do.
2 Q. Okay. Can you tell the ladies and
3 gentlemen of the jury, how that happened? What brought
4 those bruises such that you noticed them?
5 A. Well, when we went in to see her, she
6 was sitting up in the bed, and she was like -- she was
7 pulling her hair back, and just like wiping her mouth and
8 her face, and when she was pulling her hair back is when
9 I noticed the bruising, but I noticed it a lot more on
10 Saturday at the viewing, it was darker and it was very
11 noticeable.
12 Q. Okay. So if I understand what you are
13 saying, are you saying that you began to notice a bruise
14 when you first arrived?
15 A. Yes.
16 Q. Okay. And then that bruise continued.
17 You noticed it was very obvious to you in the hospital?
18 A. Yes.
19 Q. And then that bruise got worse as time
20 went by?
21 A. Darker, yes. Um-hum. (Witness
22 nodding head affirmatively.)
23 Q. Okay. Now, I'll jump a little bit
24 ahead again. Were you present for the viewing and the
25 funeral?
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1 A. Yes.
2 Q. Did you also go to the prayer service
3 and the birthday party?
4 A. Not the birthday party, but the prayer
5 service in the afternoon at 2:00 o'clock, we were there.
6 But we had to leave at 5:00 to catch our plane back,
7 so --.
8 Q. Can you describe the prayer service
9 for the jury?
10 A. It was very beautiful. You know,
11 Pastor David had a beautiful prayer, and the other pastor
12 that was there, I don't recall his name, I'm sorry. But,
13 we were just -- we were just there and --
14 Q. Do you recall how many people were
15 there?
16 A. A lot. I don't remember exactly how
17 many.
18 Q. Did it appear to you that Darlie had a
19 great deal of support during that time?
20 A. Yes.
21 Q. When you were with Darlie, did you see
22 anything inappropriate about how she acted after the
23 death of the children?
24 A. No, never.
25 Q. Did she appear to be -- at times to
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1 have cried in your presence?
2 A. Yes.
3 Q. Did it appear that there were times
4 that she was quiet in your presence?
5 A. Yes.
6 Q. And did it appear that there were
7 times when she smiled or even laughed in your presence?
8 A. She would smile. She has a very sweet
9 smile, and she would just smile at us, you know, when we
10 told her that we loved her and she just smiled and she
11 said, "I know."
12 Q. Did you take part in any, making any
13 of the arrangements for the birthday party? Did you get
14 any of the balloons or anything?
15 A. Yes. I rode in the car with Darin,
16 and Darlie Lynn, myself and Shana, that is my sister
17 Sherry's daughter, Shana and Danielle, Darlie Kee's other
18 daughter. We all went to Michaels to get the balloons
19 and different -- we made these -- everyone had made these
20 necklaces, they were like with beads that -- one said
21 Happy Birthday, Devon; and one said Damon.
22 And we went over to where we were
23 getting special balloons made up, and I remember Darlie
24 Lynn had the one balloon that said, Happy Birthd