Volume 42

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS }
7 VS: } NO. F-96-39973-J
8 DARLIE LYNN ROUTIER } & A96-253 (Kerr Co.)
9
10
11
12
13
14 REPORTERS RECORD
15 JURY TRIAL
16 VOL. 42 OF 53 VOLS.
17 January 27, 1997
18 Monday
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
4044

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Monday, the 27th day of
5 January, 1997, in the Kerr County Courthouse, this case
6 being transferred from Criminal District Court Number 3
7 of Dallas County, Texas, the above-styled cause came on
8 for a trial before the Hon. Mark Tolle, Judge Presiding,
9 for the Criminal District Court No. 3, of Dallas County,
10 Texas, with a jury, and the proceedings were held, in
11 open court, in the City of Kerrvile, Kerr County
12 Courthouse, Kerr County, Texas, and the proceedings were
13 had as follows:
14
15
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
4045

1 A P P E A R A N C E S
2
3
4 HON. JOHN VANCE,
5 Criminal District Attorney
6 Dallas County, Texas
7
8 BY: HON. GREG DAVIS
9 Assistant District Attorney
10 Dallas County, Texas
11
12 AND:
13 HON. TOBY L. SHOOK
14 Assistant District Attorney
15 Dallas County, Texas
16
17 AND:
18 HON. SHERRI WALLACE
19 Assistant District Attorney
20 Dallas County, Texas
21
22 APPEARING FOR THE STATE OF TEXAS
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
4046

1 ADDITIONAL APPEARANCES:
2 HON. DOUGLAS D. MULDER
3 Attorney at Law
4 2650 Maxus Energy Tower
5 717 N. Harwood
6 Dallas County, Texas 75201
7 AND:
8 HON. CURTIS GLOVER
9 Attorney at Law
10 2650 Maxus Energy Tower
11 717 N. Harwood
12 Dallas County, Texas 75201
13 AND:
14 HON. RICHARD MOSTY
15 Attorney at Law
16 Wallace, Mosty, Mchann, Jackson & Williams
17 820 Main Street, Suite 200
18 Kerrville, Texas 78028
19 AND:
20 HON. S. PRESTON DOUGLASS, JR.
21 Attorney at Law
22 Wallace, Mosty, Machann, Jackson & Williams
23 820 Main Street, Suite 200
24 Kerrville, Texas 78028
25
Sandra M. Halsey, CSR, Official Court Reporter
4047

1 AND:
2 HON. JOHN HAGLER
3 Attorney at Law
4 901 Main Stree, Suite 3601
5 Dallas, Texas 75202
6 AND:
7 MR. LLOYD HARRELL
8 Private Investigator
9 Dallas, Texas
10 APPEARING FOR THE DEFENDANT
11 AND:
12 HON. ALBERT D. PATILLO, III
13 Attorney at Law
14 820 Main Street, Suite 211
15 Kerrville, TX, 78028
16 APPEARING FOR WITNESS:
17 Detective Jimmy Patterson
18 AND:
19 HON. STEVEN J. PICKELL
20 Attorney at Law
21 620 Earl Garrett Street
22 Kerrville, TX 78028
23 APPEARING FOR WITNESS:
24 Officer Chris Frosch
25
Sandra M. Halsey, CSR, Official Court Reporter
4048

1 P R O C E E D I N G S
2
3 January 27, 1997
4 Monday
5 9:00 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 open court, in the presence
10 and hearing of the
11 defendant, being
12 represented by her attorneys
13 and the representatives of
14 the State of Texas, but
15 outside the presence of the
16 jury, as follows:)
17
18
19 THE COURT: All right. Mr. Davis, I
20 assume that Mr. Patterson is here and ready if they want
21 him?
22 MR. GREG DAVIS: Yes, sir.
23 THE COURT: Okay. Are both sides
24 ready to bring the jury in and resume the trial in the
25 State of Texas versus Darlie Routier?
Sandra M. Halsey, CSR, Official Court Reporter
4049

1 MR. GREG DAVIS: Yes, sir, the State
2 is ready.
3 MR. DOUGLAS D. MULDER: Yes, sir, the
4 defense is ready.
5 THE COURT: All right. Bring the jury
6 in, please.
7
8 (Whereupon, the jury
9 Was returned to the
10 Courtroom, and the
11 Proceedings were
12 Resumed on the record,
13 In open court, in the
14 Presence and hearing
15 Of the defendant,
16 As follows:)
17
18 MR. DOUGLAS D. MULDER: We will call
19 Mr. Patterson.
20 THE COURT: All right. Have Mr.
21 Patterson to come in, please.
22 Good morning, ladies and gentlemen.
23 Let the record reflect that all parties in the trial are
24 present and the jury is seated.
25 Ladies and gentlemen, the first
Sandra M. Halsey, CSR, Official Court Reporter

4050

1 witness is on his way in the courtroom.
2 Please raise your right hand, sir.
3
4 (Whereupon, the witness
5 Was duly sworn by the
6 Court, to speak the truth,
7 The whole truth and
8 Nothing but the truth,
9 After which, the
10 Proceedings were
11 Resumed as follows:
12
13 THE COURT: Do you solemnly swear or
14 affirm that the testimony you are about to give will be
15 the truth, the whole truth, and nothing but the truth, so
16 help you God?
17 THE WITNESS: I do.
18 THE COURT: You have testified before
19 and you understand Rule of Evidence; is that correct?
20 THE WITNESS: Yes, sir.
21 THE COURT: All right. You are under
22 it now.
23 THE WITNESS: Yes, sir.
24 THE COURT: All right. If you will
25 just have a seat up here in this witness box, please.
Sandra M. Halsey, CSR, Official Court Reporter
4051

1 THE WITNESS: Yes, sir.
2 THE COURT: All right. You may
3 proceed, Mr. Mulder.
4
5 Whereupon,
6
7 JIMMY RAY PATTERSON,
8
9 was called as a witness, for the Defense, having been
10 first duly sworn by the Court to speak the truth, the
11 whole truth, and nothing but the truth, testified in open
12 court, as follows:
13
14
15 DIRECT EXAMINATION
16
17 BY MR. DOUGLAS D. MULDER:
18 Q. Would you tell the jury your name,
19 please, sir?
20
21 MR. DOUGLAS D. MULDER: Excuse me,
22 Judge, are you ready to go?
23 THE COURT: Well, let's see, we always
24 think we are, but we don't know. I'm not sure this sound
25 system is working here. All right. I think we have that
Sandra M. Halsey, CSR, Official Court Reporter
4052

1 taken care of now.
2
3 BY MR. DOUGLAS D. MULDER:
4 Q. Would you tell the jury your name,
5 please, sir?
6 A. Jimmy Ray Patterson.
7 Q. Mr. Patterson, you are a police
8 officer?
9 A. Yes, sir.
10 Q. And, you work for Rowlett Police
11 Department?
12 A. Yes, sir, I do.
13 Q. And what was your position, vis-a-vis,
14 the Darlie Routier case?
15 A. I am the lead detective in the case.
16 Q. All right. Well, you left town before
17 we had a chance to talk to you. When did you leave
18 Kerrville?
19 A. Sometime after 6:00 o'clock Thursday
20 afternoon.
21 Q. Thursday afternoon. When did you
22 first come to Kerrville, Mr. Patterson?
23 A. The first time I came down here was on
24 the 6th.
25 Q. The 6th of January?
Sandra M. Halsey, CSR, Official Court Reporter
4053

1 A. Yes, sir.
2 Q. Okay. And, you were with us until
3 sometime after 6:00 o'clock on Thursday of last week, is
4 that correct?
5 A. That's correct.
6 Q. Have you brought your notes with you?
7 A. Yes, sir, I have.
8 Q. Do you have your case file with you?
9 A. Yes, sir.
10 Q. Could I see it, please?
11 A. I don't have it right here with me.
12 Q. Where is it?
13 A. It's in the back.
14 Q. Could you get it, please?
15 A. Yes.
16
17 MR. DOUGLAS D. MULDER: Would you mark
18 this, please?
19
20 (Whereupon, the following
21 mentioned item was
22 marked for
23 identification only as
24 Defendant's Exhibit No. 72,
25 after which time the
Sandra M. Halsey, CSR, Official Court Reporter
4054

1 proceedings were
2 resumed on the record
3 in open court, as
4 follows:)
5
6 BY MR. DOUGLAS D. MULDER:
7 Q. Let me hand you what has been marked
8 for identification and record purposes as Defendant's
9 Exhibit No. 72 and I'll ask you if that is the note book
10 that you just handed to me?
11 A. Yes, sir, it is.
12 Q. And this contains your entire file on
13 Darlie Routier; is that correct?
14 A. Yes, sir.
15 Q. You and I have never met, have we?
16 A. No, sir, we have not.
17 Q. We have never visited about this case,
18 have we?
19 A. No, sir.
20 Q. Now, when you were first notified that
21 there had in fact been a -- an assault or a death there
22 at 5801 Eagle Drive in Rowlett?
23 A. June the 6th, 1996, at about 2:55 in
24 the morning.
25 Q. Okay. Were you at home or were you on
Sandra M. Halsey, CSR, Official Court Reporter
4055

1 duty?
2 A. I was at home.
3 Q. Okay. And as result of that, did you
4 have occasion to get up and get dressed and proceed to
5 that scene?
6 A. Yes, sir, I did.
7 Q. Okay. About what time did you arrive
8 there?
9 A. About 3:30, 3:35.
10 Q. Okay. And, who was there when you
11 arrived, Detective Patterson?
12 A. There was some fire personnel, there
13 was some uniformed officers at the scene, the lieutenant
14 over C.I.D. was at the scene.
15 Q. Who is the lieutenant over C.I.D.?
16 A. His name is Grant Jack.
17 Q. All right. Was he down here for the
18 past three weeks as well, along with you?
19 A. No, sir.
20 Q. Has he been here?
21 A. Yes, sir.
22 Q. Okay. He is back in Rowlett now, I
23 guess?
24 A. No, sir.
25 Q. Where is he?
Sandra M. Halsey, CSR, Official Court Reporter
4056

1 A. He is here now.
2 Q. Oh, he came back down with you?
3 A. Not with me. He came back down.
4 Q. Who else came down this weekend?
5 A. An officer, Dwayne Beddingfield,
6 Sergeant David Nabors, and another detective by the name
7 of Chris Frosch.
8 Q. Just the five of y'all?
9 A. Yes, sir.
10 Q. Okay. When did y'all get back down
11 here?
12 A. I got back down here yesterday about
13 4:00 o'clock.
14 Q. Okay. When did the others come, do
15 you know?
16 A. I'm not sure.
17 Q. Okay. At any rate you got out there
18 and the medical personnel were there; is that right?
19 A. I don't know -- no, I think they had
20 already left and I talked to a firefighter.
21 Q. Okay. Do you know how many medical
22 personnel had been there?
23 A. Not total, no, sir.
24 Q. Okay. I take it you interviewed the
25 paramedics who had been at the scene?
Sandra M. Halsey, CSR, Official Court Reporter
4057

1 A. They had written a written statement.
2 Q. I mean, does that mean you interviewed
3 them?
4 A. I did not talk to them personally, no.
5 Q. Did you talk to any of them?
6 A. No, sir.
7 Q. All right. And, you don't know how --
8 whether there were eight or nine or ten or you don't know
9 how many there were?
10 A. I don't recall how many were out
11 there.
12 Q. Okay. What was the first thing you
13 did when you got to the scene?
14 A. The first thing I did when I arrived
15 at the scene is I met with the officer in charge.
16 Q. And, who was that?
17 A. Sergeant Matt Walling.
18 Q. Okay. And I guess you talked with
19 Sergeant Walling?
20 A. Yes, sir.
21 Q. Okay. And what is the next thing that
22 you did?
23 A. He briefed me on what he knew, at that
24 time, and I just walked up to the front door, and there
25 was an Officer Wade at the front door. He asked me if I
Sandra M. Halsey, CSR, Official Court Reporter
4058

1 was going inside and I said no. And I just veered inside
2 for a second.
3 Q. You did go inside, did you?
4 A. No, I did not. I just looked inside
5 from the door, from the front porch.
6 Q. I thought you said you veered inside.
7 You peered inside?
8 A. Yes, sir, I just looked inside.
9 Q. You just looked inside?
10 A. Yes, sir.
11 Q. And, what was the next thing you did?
12 A. Well, Sergeant Walling had told me
13 about a screen that had been --
14 Q. We're not going into what you were
15 told. I asked simply what you did?
16 A. I walked around to the back and
17 noticed the screen window had been cut.
18 Q. Okay. And when you went around to the
19 back, did you have occasion to look at the back gate?
20 A. Yes, sir.
21 Q. Okay. And, did you notice anything
22 unusual about the back gate?
23 A. It was open.
24 Q. Anything else?
25 A. No, sir, not at that time.
Sandra M. Halsey, CSR, Official Court Reporter
4059

1 Q. Did you move it back and forth to see
2 how it swung in place?
3 A. No, sir, I did not.
4 Q. Did you see any scuff marks at the
5 base of the gate?
6 A. I didn't look.
7 Q. Okay. Will you tell the jury which
8 way the gate swung?
9 A. Inwards.
10 Q. Okay. Inwards to your right, as you
11 were going in from the garage or to your left?
12 A. As you walk up to the gate, it swung
13 open this way. (Demonstrating)
14 Q. Okay. And it was open at the time you
15 first observed it?
16 A. Yes, sir.
17 Q. Okay. And you walked around to the
18 screen that was cut?
19 A. I walked inside just enough where I
20 could see the screen. I didn't go up to the screen.
21 Q. Well, why is that?
22 A. Well, I didn't want to tamper with any
23 evidence, in case there was any.
24 Q. Okay. Did you know that other
25 officers had already been on the scene, and had been to
Sandra M. Halsey, CSR, Official Court Reporter
4060

1 the screen?
2 A. Well, the only thing I knew, was that
3 there had been an officer look in the back yard.
4 Q. Just over the fence was your
5 understanding?
6 A. No, just went inside the back yard to
7 look, to make sure there wasn't any suspects.
8 Q. Okay. But had not actually approached
9 the screen, was that your understanding?
10 A. I really didn't get into that to know.
11 Q. So, you didn't know whether anybody
12 had gone in the back yard, or what the extent of the back
13 yard was?
14 A. I didn't know who had been in the back
15 yard.
16 Q. Okay.
17 A. I just knew that a couple of officers
18 had went in there, just to make sure that there wasn't a
19 suspect.
20 Q. Okay. After that, what did you do?
21 A. At that point, I went back around to
22 the front, and asked by my lieutenant to go to the
23 hospital and meet with the witnesses.
24 Q. Okay. Did you talk with anyone else
25 at the scene, before you went to the hospital?
Sandra M. Halsey, CSR, Official Court Reporter
4061

1 A. Well, I had talked to one of the fire
2 person -- or the paramedics, just for a brief moment,
3 yes.
4 Q. Okay. Did you talk with any of the
5 neighbors?
6 A. Yes, sir.
7 Q. You forgot about that?
8 A. No, I didn't forget about it.
9 Q. Okay. I asked you if you had talked
10 to anybody else before you left for the hospital, didn't
11 I?
12 A. Right. And I just said that I had
13 talked to the captain.
14 Q. Well, you were just fixing to tell us
15 about the neighbors?
16 A. Yes, sir.
17 Q. Okay. As a matter of fact you were
18 advised that there had been a small, black car at the
19 scene, had you not?
20
21 MR. GREG DAVIS: I'm going to object
22 to that as hearsay, what he was advised.
23 THE COURT: I'll sustain the
24 objection.
25
Sandra M. Halsey, CSR, Official Court Reporter
4062

1 BY MR. DOUGLAS D. MULDER:
2 Q. Well, when you talked to the neighbor
3 was your attention directed to this part of the street?
4
5 MR. GREG DAVIS: Objection, that is
6 hearsay.
7 THE COURT: Overruled. Go ahead.
8 MR. DOUGLAS D. MULDER: Yes, sir.
9 THE WITNESS: I heard a lady call out
10 that she wanted to talk to an officer.
11
12 BY MR. DOUGLAS D. MULDER:
13 Q. Okay.
14 A. And I walked over there to talk to
15 her.
16 Q. Okay. And were you advised that she
17 had seen a small, black car in this location?
18 A. Yes.
19
20 MR. GREG DAVIS: I'm going to object,
21 your Honor, that is hearsay.
22 THE COURT: Sustained. Let's phrase
23 our questions properly.
24
25 BY MR. DOUGLAS D. MULDER:
Sandra M. Halsey, CSR, Official Court Reporter
4063

1 Q. Okay. Was your attention directed to
2 a location immediately in front of her mailbox?
3
4 MR. GREG DAVIS: I'm going to object.
5 That is hearsay what he was advised or directed. That
6 has to come from someone else who is not here, so it has
7 to be hearsay.
8 MR. DOUGLAS D. MULDER: Well, Judge,
9 he can testify to that.
10 THE COURT: Just a minute. I'll
11 overrule that. Let's go ahead and move on with the case.
12 MR. DOUGLAS D. MULDER: Sure.
13
14 BY MR. DOUGLAS D. MULDER:
15 Q. Detective Patterson, moving right
16 along, will you tell the jury whether or not your
17 attention was directed to this mailbox in the parking
18 area immediately in front of it?
19 A. Well, not to the mailbox.
20 Q. Okay. To the parking area immediately
21 in front -- tell the jury where your attention was
22 directed. We'll make it easy.
23 A. Okay. A lady had called out and asked
24 me -- she said that she wanted to talk to an officer, and
25 so I walked over there.
Sandra M. Halsey, CSR, Official Court Reporter
4064

1 Q. You talked to her, didn't you?
2 A. Yes, sir.
3 Q. And you made a note in your
4 supplemental report, didn't you?
5 A. Yes, I made a note, yes, sir.
6 Q. Okay. And in that note you said that
7 there had been --
8
9 MR. GREG DAVIS: I'm going to object
10 to that --
11 MR. DOUGLAS D. MULDER: -- a black
12 car, that night --
13 MR. GREG DAVIS: Judge, please. I'm
14 going to object to this.
15 MR. DOUGLAS D. MULDER: Judge, let me
16 finish my question.
17 THE COURT: Let him finish his
18 objection, please.
19 MR. GREG DAVIS: I am going to object
20 to that as being hearsay, and referring to documents not
21 in evidence.
22 THE COURT: All right. Well, let's --
23 All right. Well, I'll sustain that objection. And let's
24 phrase our questions properly, please.
25 If you want to put the document in
Sandra M. Halsey, CSR, Official Court Reporter
4065

1 evidence, then let's do so. I assume you are referring
2 to State's (sic) Exhibit No. 75?
3 MR. DOUGLAS D. MULDER: Judge, that
4 was State's (sic) Exhibit No. 72.
5 THE COURT: I mean, Defendant's
6 Exhibit No. 72.
7 MR. DOUGLAS D. MULDER: Judge, I'm not
8 suggesting that I put his entire report in. I don't mind
9 giving him his report to refresh his memory.
10 THE COURT: Well, I think if you will
11 just phrase the questions properly, then we will move on.
12 Let's go ahead, please.
13 MR. DOUGLAS D. MULDER: All right.
14 Well --
15
16 BY MR. DOUGLAS D. MULDER:
17 Q. All right. Again, as a result of your
18 conversation with the lady, where was your attention
19 directed in this enlarged -- what would you call that
20 area?
21 A. A residential area.
22 Q. Well, yes.
23
24 THE COURT: You might speak a little
25 bit louder, because the last two jurors have to hear you
Sandra M. Halsey, CSR, Official Court Reporter
4066

1 down there. Just speak into that mike so they can hear
2 you.
3
4 BY MR. DOUGLAS D. MULDER:
5 Q. What would you call this area? Is
6 this a little parking area?
7 A. Yes, sir, I would call it a street.
8 Q. Okay. And would you call this a
9 parking area in the street or not?
10 A. Well, no, sir, I wouldn't.
11 Q. What would you call it?

12 A. I would call it a street.
13 Q. Okay.
14 A. But people parked along the curb side,
15 yes.
16 Q. Okay. This appears to be a car headed
17 in, is that right?
18 A. Yes, sir.
19 Q. Okay. And do people park in that
20 fashion?
21 A. Yes, sir.
22 Q. Okay. And, will you tell us, and tell
23 the jury what your conversation with the lady was about,
24 please, sir?
25 A. She asked to speak with an officer,
Sandra M. Halsey, CSR, Official Court Reporter
4067

1 and so I walked over there, and she said something to the
2 effect that she had saw a car --
3
4 THE COURT: The jurors cannot hear you
5 on the end down there.
6 THE WITNESS: That she had saw a car
7 leaving that scene, as the police and the fire department
8 had arrived, or right after they had arrived.
9
10 BY MR. DOUGLAS D. MULDER:
11 Q. And, she also told you that she was
12 familiar with the cars in the neighborhood, didn't she?
13 A. No, sir, I don't recall her telling me
14 that.
15 Q. Okay. You made a note of that in your
16 report, did you, your conversation with the lady?
17 A. Yes, sir.
18 Q. Did you later on that afternoon, have
19 an occasion to -- you or one of the police officers
20 there, to talk with a Karen Neal in regards to a small,
21 black car that had passed through the neighborhood that
22 afternoon?
23 A. I did not.
24 Q. Do you know if anybody else did?
25 A. No, sir, I do not.
Sandra M. Halsey, CSR, Official Court Reporter
4068

1 Q. Would it be your responsibility, as
2 the primary officer in charge of this case, to find those
3 things out? I mean, would you be the center where the
4 information is funneled into?
5 A. Yes, sir.
6 Q. Okay. And I take it that this report
7 over here, Defendant's Exhibit No. 72 is an accumulation
8 of reports that other people have filled out and
9 submitted to you?
10 A. That's correct.
11 Q. So you would, for lack of a better
12 word, be the central information clearinghouse, I guess,
13 in this case, for lack of a better description?
14 A. I could, yes, sir.
15 Q. Okay. You would be the one who ought
16 to be familiar with, whatever is going on in this
17 particular case; right?
18 A. Well, you have to understand that, you
19 know, I'm not going to remember everything. And that,
20 you know, I did look over the reports.
21 Q. Okay. I mean, that is the reason we
22 make reports, isn't it? Because we can't be expected to
23 remember everything?
24 A. Well, that is to refresh our memory,
25 yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
4069

1 Q. And, like you have so skillfully
2 pointed out, had it not been for the paramedics reports,
3 you wouldn't know what any of the paramedics did out
4 there, would you?
5 A. That's correct.
6 Q. Because you have not, to this date,
7 talked to any of them, have you?
8 A. No, I have not.
9 Q. Okay. So you don't know which ones
10 were in the house, whether they were all in the house, or
11 what parts of the house they went into, or what they did
12 while they were there, do you?
13 A. Well, by their notes I do know.
14 Q. Oh, they all addressed that, as to
15 where they went in the particular house, and what they
16 did?
17 A. They addressed what they did, yes.
18 Q. Okay. But they don't address where
19 they went in the house, do they?
20 A. No, sir, I don't believe so.
21 Q. All right. And you didn't think that
22 that was important to you, I guess, in evaluating the
23 case, or you would have interviewed them?
24 A. They have been interviewed.
25 Q. But not by you?
Sandra M. Halsey, CSR, Official Court Reporter
4070

1 A. But not by me.
2 Q. Okay. Did you interview the officers
3 that were first on the scene?
4 A. I read their notes.
5 Q. Okay. So your knowledge of what their
6 activities were, of course, would be limited by the notes
7 that they prepared?
8 A. Yes, sir.
9 Q. Okay. And if a witness, or a
10 participant in the investigation of this case, did not
11 prepare a report, of course, there would be nothing for
12 you to review, would there? Does that make sense?
13 A. Well, I don't understand what you are
14 saying.
15 Q. All right. Well, if a participant in
16 the investigation made no report either because he was
17 directed by the district attorney or someone else not to
18 prepare a report, there would be, of course, nothing for
19 you to review, would there?
20 A. Well, I don't think anyone is going to
21 tell someone not to prepare a report.
22 Q. Well, that would be mighty poor police
23 work, wouldn't it? In your judgment?
24 A. Maybe in some cases, yes.
25 Q. Okay. You don't really want to commit
Sandra M. Halsey, CSR, Official Court Reporter
4071

1 to that one?
2 A. Well, no, I do not, because I really
3 don't understand what you are asking me.
4 Q. Well, I'm saying this as simply as I
5 can. That it would be very poor police work not to
6 prepare a report, would it not?
7 A. Well, that depends on what you are
8 doing and what -- you know, and what you did in this
9 case.
10 Q. Well, okay. If you didn't want
11 anybody to find out about it, it would be a good idea, I
12 guess?
13 A. Well, we are not going to do that. We
14 write our notes and we make supplements to these reports.
15 Q. Okay. Did you make a supplement to
16 your report when you all met down at the courthouse, and
17 everyone took the witness stand and testified as regards
18 to what they did in this particular case?
19 A. Did I take notes?
20 Q. Yeah, did you make notes on that?
21 A. No, sir.
22 Q. Okay. Why was that?
23 A. I didn't see any need in taking notes.
24 Q. Okay. And I take it you testified in
25 that event?
Sandra M. Halsey, CSR, Official Court Reporter
4072

1 A. No, sir.
2 Q. But you were there and listened to
3 everyone else?
4 A. I was there, and we talked about our
5 case, yes.
6 Q. Okay. Was there someone on the bench
7 in lieu of the judge?
8 A. Well, there was someone sitting up
9 there in the judge's chair.
10 Q. Okay. Well, just by coincidence or do
11 you --
12 A. Well, I don't know why.
13 Q. You never did figure out why?
14 A. No, sir.
15 Q. All right. Well, let's just see if we
16 can't figure out why -- you know what circumstantial
17 evidence is, don't you?
18 A. Yes, sir.
19 Q. Okay. Was there someone in the
20 prosecutor's -- at the prosecutor's desk in the
21 courtroom?
22 A. Yes, sir.
23 Q. And was there someone at the defense
24 table, a lawyer?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
4073

1 Q. And was there someone up on the bench
2 in the judge's position?
3 A. Yes, sir.
4 Q. And was there someone on the witness
5 stand where you are right now?
6 A. Yes, sir.
7 Q. And did the prosecutor ask them
8 questions?
9 A. Yes, sir.
10 Q. And did the defense lawyers ask them
11 questions?
12 A. Yes, sir.
13 Q. Now circumstantially, do you think
14 that we could put those circumstances together, and
15 figure out that they were conducting a mock trial?
16 A. I think what we were doing, is that we
17 were just trying to make sure -- well, we wanted to make
18 sure that the prosecutors knew what we knew.
19 Q. Okay. And, it helped, I guess, to
20 make sure that the other officers knew everything that
21 you --
22 A. Well, I don't know about that.
23 Q. You don't know about that. Okay.
24 Now, at any rate, after you had talked
25 to the lady at the curb side there, in what you termed to
Sandra M. Halsey, CSR, Official Court Reporter
4074

1 be the street, and I would call an enlarged maybe elbow
2 of the street, did you then leave to go to Baylor
3 Hospital?
4 A. No, sir.
5 Q. What did you do?
6 A. There was another lady that came up
7 and I talked to her for a few minutes.
8 Q. Okay. And who might that have been?
9 A. Her name was Barbara Jovell.
10 Q. Okay. And did you engage her in a
11 conversation as regards to a black car?
12 A. She had mentioned that her mother had
13 seen a black car.
14 Q. Okay. When in time had her mother
15 seen a black car?
16 A. The way she described it, it was
17 earlier on the 5th.
18 Q. Just the day before?
19 A. Yes, sir.
20 Q. And, in fact, less than eight hours
21 earlier, would that be about right?
22 A. No, sir, I don't know about what time,
23 but it was more than eight hours earlier.
24 Q. Okay. Nine hours, ten hours?
25 A. I don't know.
Sandra M. Halsey, CSR, Official Court Reporter
4075

1 Q. When did she tell you that?
2 A. When I talked to Barbara Jovell, which
3 was sometime between 3:35 and 4:00 o'clock, we tried to
4 contact her mother, but her mother -- I could not
5 understand what she was saying.
6 Q. Okay. Did you understand, that being
7 a detective out there, I guess you would want to know
8 where she saw the car, wouldn't you?
9 A. Yes, sir.
10 Q. And what the car was doing?
11 A. She didn't know what the car was
12 doing.
13 Q. All right. But, you would want to
14 know what she thought the car was doing that was
15 suspicious, right?
16 A. Yes, sir.
17 Q. I mean, it had to have been doing
18 something that -- I mean, there are a lot of cars out
19 there, can we agree on that?
20 A. Well, there's lot of cars that drive
21 out there, yes.
22 Q. Okay. And, most of them, we aren't
23 going to think anything about them, because they don't do
24 anything to attract our attention, right?
25 A. Right.
Sandra M. Halsey, CSR, Official Court Reporter
4076

1 Q. So this had to be one that attracted
2 her attention, correct?
3 A. Well, she told us about it, yes, sir.
4 Q. Okay. And where did she tell you that
5 car was?
6 A. My understanding was it was in the
7 alleyway behind the house.
8 Q. Okay. Is this the alleyway behind
9 this house?
10 A. Yes, sir, it is.
11 Q. This is the alleyway behind the house?
12 A. Right, that's correct.
13 Q. All right. And you understood it was
14 in the alleyway behind the house, and apparently doing
15 something that was -- or at least she thought it was
16 suspicious; is that right?
17 A. Well, the only thing she could say is
18 that it was a car behind the house, and going through the
19 alleyway.
20 Q. Well, of course, a car behind the
21 house going through the alleyway, ordinarily wouldn't be
22 suspicious, would it?
23 A. No, it would not be.
24 Q. All right. So there must have been
25 more to it than that, to have attracted her attention,
Sandra M. Halsey, CSR, Official Court Reporter
4077

1 and to have her --
2 A. She never did tell me.
3 Q. She wouldn't tell you?
4 A. She didn't tell me.
5 Q. All right. Well, after that, did you
6 then leave for the hospital, without talking to anyone
7 further?
8 A. Yes, sir.
9 Q. Okay. And where did you go, Detective
10 Patterson, when you arrived at the hospital?
11 A. To the emergency room.
12 Q. Okay. And, who did you see there?
13 A. I first met up with a uniformed
14 officer, who had directed me to where Detective Frosch
15 was.
16 Q. All right. And, did you find where
17 Detective Frosch was?
18 A. Yes, sir.
19 Q. All right. And, about what time did
20 you arrive at Baylor Hospital?
21 A. About 4:30 A.M.
22 Q. Okay. And, did you determine that
23 Darlie Routier had already arrived there?
24 A. Yes, sir.
25 Q. Okay. And, did you determine what
Sandra M. Halsey, CSR, Official Court Reporter
4078

1 time she had arrived there?
2 A. No, sir, I did not.
3 Q. Okay. Did you determine that her
4 youngest son, Damon Routier, had arrived at Baylor
5 Hospital?
6 A. Yes, sir.
7 Q. Did you determine what time he had
8 arrived?
9 A. No, sir, I did not.
10 Q. Did you determine at what time either
11 one of them left the Eagle Drive address?
12 A. No, sir.
13 Q. It didn't seem to be important?
14 A. I'm not saying it didn't seem to be
15 important, I didn't ask.
16 Q. Okay. Did you ask later on?
17 A. No, sir.
18 Q. So, it never has seemed important?
19 A. No, I'm not saying it didn't seem
20 important. It just wasn't a question that I asked.
21 Q. Well, I mean, you have not asked to
22 this moment, have you?
23 A. Well, no, sir.
24 Q. So apparently it's not important to
25 you even now?
Sandra M. Halsey, CSR, Official Court Reporter
4079

1 A. Well, it's on the fire department's
2 run sheet.
3 Q. Did you look at it there?
4 A. I reviewed the run sheet, but I don't
5 know what time they left.
6 Q. Okay. Well, would you tell the jury
7 what time they arrived at Baylor Hospital?
8 A. I just told you, I don't know.
9 Q. All right. Well, at any rate, did you
10 proceed to where Detective Frosch was?
11 A. Yes, sir.
12 Q. And where was he?
13 A. He was in a waiting room where Darin
14 Routier was.
15 Q. Okay. All right. And just the two of
16 them?
17 A. No, there was another person there, I
18 believe his name is Terry Neal.
19 Q. Okay. He is Detective Frosch's cousin
20 by marriage, is he not?
21 A. I don't know what he is to Detective
22 Frosch.
23 Q. Okay. You have never talked with
24 Detective Frosch about that?
25 A. He made mention that he was some
Sandra M. Halsey, CSR, Official Court Reporter
4080

1 relative, but I don't know what.
2 Q. Okay. At any rate, did you interview
3 Darin Routier at that time?
4 A. Yes, sir.
5 Q. And how long did you and Detective
6 Frosch, in the presence of Detective Frosh's relative,
7 talk with Darin Routier?
8 A. We didn't.
9 Q. You didn't talk with him?
10 A. I didn't talk to Darin Routier in
11 front of Mr. Neal, no.
12 Q. Well, why is that?
13 A. Well, we had asked Mr. Neal to step
14 out of the room.
15 Q. Okay. So both you and Detective
16 Frosch were there, is that right?
17 A. In the waiting room with Darin?
18 Q. Yes, sir.
19 A. Yes, sir.
20 Q. All right. And you interviewed him at
21 that time, is that right?
22 A. Yes, sir.
23 Q. Okay. And I assume that you took
24 notes of that interview?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
4081

1 Q. Okay. And where are -- are your notes
2 in this --
3 A. No, sir.
4 Q. Where are your notes?
5 A. Back there in the office.
6 Q. Could you get those notes for us,
7 please, sir?
8 A. Yes, sir.
9 Q. Okay. Thank you. Would you -- the
10 notes are not a part of your file; is that right?
11 A. No, they are not.
12 Q. Okay. Would you just -- whatever you
13 have, would you bring them on out here, and I'll save you
14 a trip.
15 A. Yes, sir. I will bring them all.
16 Q. Okay. Thank you, Detective Patterson.
17
18 (Whereupon, the following
19 mentioned items were
20 marked for
21 identification only as
22 Defendant's Exhibit No. 73,
23 after which time the
24 proceedings were
25 resumed on the record
Sandra M. Halsey, CSR, Official Court Reporter
4082

1 in open court, as
2 follows:)
3
4 BY MR. DOUGLAS D. MULDER:
5 Q. All right. In your presence I'll mark
6 this for identification and record purposes as
7 Defendant's Exhibit No. 73. And, that is a number of
8 stapled note book sheets, is that correct?
9 A. Yes, sir.
10 Q. And this contains all of the notes
11 that you have made in this particular case?
12 A. Yes, sir.
13 Q. When were these notes made, Detective
14 Patterson?
15 A. They have been made at different
16 times.
17 Q. Okay. I figured that out, that they
18 were made at different times. But, did you date them?
19 A. Some of them is dated and some of them
20 are not.
21 Q. Well, why wouldn't you date all of the
22 reports?
23 A. Well, I just didn't date them.
24 Q. Well, why?
25 A. I don't have a reason, I just didn't
Sandra M. Halsey, CSR, Official Court Reporter
4083

1 date them.
2 Q. Well, you knew what the date was,
3 didn't you?
4 A. I know what the date is going to be.
5 Q. All right. But how many did you date,
6 and how many did you not date?
7 A. Well, there's a few pages that are
8 dated, and a few pages that are not dated.
9 Q. Okay.
10
11 MR. DOUGLAS D. MULDER: Mark this,
12 please.
13
14 (Whereupon, the following
15 mentioned item was
16 marked for
17 identification only as
18 Defendant's Exhibit No. 73,
19 after which time the
20 proceedings were
21 resumed on the record
22 in open court, as
23 follows:)
24
25 BY MR. DOUGLAS D. MULDER:
Sandra M. Halsey, CSR, Official Court Reporter
4084

1 Q. Now, let me hand you back what has
2 been marked for identification and record purposes as
3 Defendant's Exhibit No. 73. And will you tell the jury
4 which of the pages of your personal notes are dated?
5 A. Page number 1 has a date.
6 Q. What is the date on page number 1?
7 A. June the 6th, 1996.
8 Q. And that relates to your conversation
9 with a Nelda Watts?
10 A. Yes, sir, it does.
11 Q. All right. And it has the time?
12 A. Yes, sir.
13 Q. What time?
14 A. 3:45 A.M.
15 Q. All right. And I assume that you put
16 down everything that was relevant in that conversation
17 that you had with her?
18 A. Yes, sir.
19 Q. Okay. And then the next one is
20 Barbara Jovell?
21 A. Yes, sir.
22 Q. All right. And what time is that?
23 A. June the 6th, 1996, at 3:54 A.M.
24 Q. Okay. And what is the next page that
25 is dated?
Sandra M. Halsey, CSR, Official Court Reporter
4085

1 A. June the 6th, 1996.
2 Q. Okay. And, does that have someone's
3 name on it or relate to a conversation?
4 A. Yes, sir, it does.
5 Q. And, who might that be, please, sir?
6 A. Theresa Marie Powers.
7 Q. Okay. Theresa?
8 A. Theresa.
9 Q. Theresa Powers?
10 A. Yes, sir.
11 Q. And what is the date and time of that?
12 A. June 6th, 1996, at 4:36 A.M.
13 Q. And who is the Theresa Powers?
14 A. A nurse at Baylor Hospital.
15 Q. All right. So, by that time we can
16 assume that you are at Baylor Hospital?
17 A. Yes, sir.
18 Q. Okay. Do you find any other notes in
19 there that are dated? Excuse me, I think there is a
20 medical -- it says M.E. office, and it has the date, but
21 nothing written.
22 A. It has the date on there.
23 Q. Is that what I am holding up here?
24 A. Yes, sir.
25 Q. Where it just says 5:44 A.M., and
Sandra M. Halsey, CSR, Official Court Reporter
4086

1 6-6-96, M.E. office?
2 A. Right.
3 Q. Does that mean you were at the M.E.
4 office?
5 A. No, sir.
6 Q. What does it mean?
7 A. That means that that is what time that
8 I talked to someone at the M.E.'s office from the
9 hospital.
10 Q. Can you tell who you talked to?
11 A. I don't remember her name.
12 Q. But you can remember that it was a
13 female?
14 A. Yes, sir.
15 Q. But didn't write any notes other than
16 that?
17 A. No, sir, I didn't.
18 Q. Okay. So other than that sheet, the
19 only other notes that are dated and timed are this second
20 sheet you said, and this first sheet, is that right?
21 A. Can I finish looking at that?
22 Q. You bet.
23 A. And there's some date on these last --
24 the date and time are on these last three pages.
25 Q. Are you talking about a report that
Sandra M. Halsey, CSR, Official Court Reporter
4087

1 you did?
2 A. Yes, sir.
3 Q. That was a supplemental report?
4 A. Right.
5 Q. Okay. Did you take -- I guess the way
6 we got into this, and I have not asked for them, but you
7 said you took notes about your conversation with Darin
8 Routier?
9 A. Actually -- well, yes, there is notes
10 in there, yes, sir.
11 Q. Okay. Could you point me to that
12 part, please, sir?
13 A. Okay.
14 Q. Are you referring to a supplemental
15 report?
16 A. Yes, sir.
17 Q. You didn't have a laptop computer or a
18 typewriter with you?
19 A. Not with me, no.
20 Q. Okay. But I thought you said you took
21 notes?
22 A. I did.
23 Q. Where are the notes?
24 A. That is this right here.
25 Q. Well, that is typed?
Sandra M. Halsey, CSR, Official Court Reporter
4088

1 A. Okay. I didn't take handwritten
2 notes.
3 Q. Oh, you took mental notes. You mean,
4 we have been going through this exercise, and you have
5 been telling me all along that the notes you took were
6 simply mental notes?
7 A. Yes, sir.
8 Q. Okay. And those, I guess, were those
9 timed and dated?
10 A. My mental notes?
11 Q. Um-hum. (Attorney nodding head
12 affirmatively.)
13 A. Well, I have dates and times on there.
14 Q. Okay. But the notes that you took,
15 that you were telling us about, when you interviewed
16 Darin Routier, were mental notes?
17 A. Correct.
18 Q. Okay. All right. Now, how long did
19 you talk to Darin Routier?
20 A. Twenty or 30 minutes.
21 Q. Okay. And had he been interviewed by
22 Chris Frosch prior to the time that you got there?
23 A. Yes, sir.
24 Q. And do you know how extensive he had
25 been interviewed?
Sandra M. Halsey, CSR, Official Court Reporter
4089

1 A. No, sir.
2 Q. Okay. You didn't talk to Detective
3 Frosch and find out?
4 A. I talked to him briefly, yes.
5 Q. Before or after you interviewed Darin?
6 A. Before.
7 Q. Okay. Where did you talk to him? In
8 the presence of Darin?
9 A. No, just right outside the waiting
10 room.
11 Q. Of course, you didn't make any written
12 notes on that, did you?
13 A. I did not, no.
14 Q. All right. Now, you proceeded from
15 there to where? After you had interviewed Darin Routier?
16 A. Then I went back and went into the
17 room where Damon Routier was.
18 Q. About what time was this, Detective
19 Patterson?
20 A. Sometime just before 6:00 A.M.
21 Q. Okay. So about what -- if you arrived
22 out at the hospital at what time?
23 A. About 4:30.
24 Q. Okay. And you talked to Darin for
25 half an hour or so?
Sandra M. Halsey, CSR, Official Court Reporter
4090

1 A. Yes, sir.
2 Q. Would it now be five o'clock or
3 thereabouts?
4 A. Or a little after.
5 Q. Where did you go from your interview
6 with Darin Routier?
7 A. I went to the room where Damon Routier
8 was.
9 Q. Okay. And, did you view his body?
10 A. Yes, sir.
11 Q. And, how long did that take?
12 A. I can't give you a time. I was in
13 there a few minutes before I notified the crime scene
14 officer.
15 Q. Okay. And where did you go from
16 there?
17 A. From where?
18 Q. From the room where Darin -- Damon
19 Routier was?
20 A. Well, he was in a room that is there
21 attached to the emergency room, and I just went outside
22 and made a phone call.
23 Q. Okay. And who did you call?
24 A. I called the dispatch, Rowlett Police
25 dispatch and asked for a crime scene unit.
Sandra M. Halsey, CSR, Official Court Reporter
4091

1 Q. Okay. And who did you talk with?
2 A. I do not remember.
3 Q. Okay. Where did you go from there?
4 You were outside, and you were on the phone, you finish
5 your phone conversation. Where did you go next?
6 A. Back in there and talked to Frosch for
7 a little bit.
8 Q. By this time what time is it?
9 A. I don't know.
10 Q. After five o'clock?
11 A. Well, it's after five, yes, it's just
12 shortly before six.
13 Q. Okay. So you talked with Frosch.
14 Now, during your interview with Darin Routier, did
15 Detective Frosch take any notes?
16 A. Yes, sir.
17 Q. And, in your presence?
18 A. Yes, sir.
19 Q. Written notes?
20 A. Written notes? I can't say for sure,
21 I don't know.
22 Q. Okay. All right. And I mean, is
23 there some reason that you all didn't take written notes?
24 A. No, sir.
25 Q. I mean, I guess I wouldn't know enough
Sandra M. Halsey, CSR, Official Court Reporter
4092

1 not to take notes. Is that a bad practice, to take
2 notes?
3 A. I don't think so, no.
4 Q. But you just take them sometimes and
5 sometimes you don't?
6 A. Well, in this case I didn't take any
7 notes, no.
8 Q. Okay. So, at any rate, after you have
9 conferred with Detective Frosch, where did you next go?
10 A. I waited on a crime scene unit, and he
11 arrived. At which point we went back into where Damon
12 was and we took photographs.
13 Q. Okay.
14 A. Of Damon's injuries.
15 Q. Okay. You said "we did," are you
16 saying that someone else did it in your presence?
17 A. Right.
18 Q. Do you remember who did it?
19 A. Yes, that was Officer Dwayne
20 Beddingfield.
21 Q. All right. And, what happened after
22 that?
23 A. At which time, the family arrived,
24 they wanted to see Damon, and we let Ms. Darlie Kee go in
25 there for just a moment, and then she left.
Sandra M. Halsey, CSR, Official Court Reporter
4093

1 Q. Okay. And then what did you do?
2 A. We found out that we could go talk to
3 Darlie Routier.
4 Q. Okay. And had you left instructions
5 with Darin not to leave the room that he was in? Or was
6 he free to leave, or what were your instructions to him?
7 A. Well, I don't recall telling him that
8 he couldn't leave.
9 Q. Okay. So, as far as you were
10 concerned he was free to leave?
11 A. Yes, sir.
12 Q. You didn't tell him anything to the
13 contrary?
14 A. No, sir, not that I recall.
15 Q. Well, that is something you would
16 recall, isn't it?
17 A. Well, I don't remember telling him he
18 couldn't leave, no.
19 Q. How about Detective Frosch?
20 A. I don't know.
21 Q. Not to your knowledge? I mean, he
22 didn't tell him he couldn't leave to your knowledge, did
23 he?
24 A. I don't know if he did or not.
25 Q. Okay. At any rate, who told you that
Sandra M. Halsey, CSR, Official Court Reporter

4094

1 you could see Darlie Routier?
2 A. I believe it was an officer by the
3 name of Phyllis Jackson.
4 Q. Okay. Was she a young lady who worked
5 there at the Baylor Hospital?
6 A. As a policeman, yes, sir.
7 Q. Part of the Baylor private police
8 personnel?
9 A. Yes, sir.
10 Q. Okay. And about what time was it when
11 you went up to see Darlie Routier?
12 A. About 6:11.
13 Q. Okay. And, who was present when you
14 interviewed her?
15 A. Detective Frosch, and a nurse by the
16 name of Chris, and I can't recall his last name.
17 Q. But a male?
18 A. Yes, sir.
19 Q. Okay. Just the three of you: You,
20 Frosch, the nurse and Darlie Routier?
21 A. That is all that was in there that I
22 saw, yes.
23 Q. Okay. Anybody else, you would have
24 seen them?
25 A. Well, we were behind -- somewhat
Sandra M. Halsey, CSR, Official Court Reporter
4095

1 behind a curtain. I couldn't see the front door or the
2 door leading into the hallway.
3 Q. All right. Do you know whether or not
4 Darlie Routier had been medicated?
5 A. I do not know.
6 Q. She was there in the hospital,
7 correct?
8 A. Correct.
9 Q. She had injuries that you reviewed?
10 A. Yes, sir.
11 Q. Did you -- were you advised that she
12 had just come out of surgery?
13 A. Yes, sir.
14 Q. Okay. And again, as a detective
15 wouldn't you put two and two together, and figure that
16 she had, in fact, been medicated?
17 A. Well, I don't know.
18 Q. You didn't know?
19 A. No.
20 Q. And I take it that you didn't make any
21 inquiry as to whether or not she had been medicated?
22 A. No.
23 Q. And you didn't think that that might
24 be important when you interviewed her?
25 A. What I did was, I asked her if she was
Sandra M. Halsey, CSR, Official Court Reporter
4096

1 okay, and felt well enough to talk to us, and she said
2 she did.
3 Q. Okay. She was cooperative, wasn't
4 she?
5 A. Yes, sir.
6 Q. And, as matter of fact, answered all
7 of your questions, didn't she?
8 A. Yes, sir.
9 Q. Okay. Did you take notes of that
10 conversation?
11 A. No, sir.
12 Q. Okay.
13 A. Detective Frosch took the notes.
14 Q. And, you know, of course, that he took
15 them, and recorded them accurately?
16 A. Yes, sir.
17 Q. Okay. Even though you didn't take any
18 notes yourself?
19 A. No, because I told Frosch that I was
20 going to ask the questions while he took the notes.
21 Q. Okay. And, you were not under any
22 time restraints, were you?
23 A. No, sir.
24 Q. Okay. So you could have talked to
25 her, I guess as long as she was willing to talk to you?
Sandra M. Halsey, CSR, Official Court Reporter
4097

1 A. Yes, sir.
2 Q. And, she was willing to talk to you,
3 as long as you asked her questions, she would answer,
4 wouldn't she?
5 A. She answered our questions, yes, sir.
6 Q. How long did you talk to her,
7 Detective Patterson?
8 A. Twenty or 30 minutes.
9 Q. Okay. Did you tell Detective Frosch
10 to note, in his notes there, the date and time that the
11 interview began, and the date and time when the interview
12 ceased?
13 A. I did not.
14 Q. Okay. Do you know whether he did or
15 not?
16 A. I know that he -- he has the date that
17 we was there, and the date that we started, or that we
18 went up there, and the time that we went up there.
19 As far as him jotting down the time we
20 actually started the interview, no.
21 Q. He didn't do that?
22 A. No.
23 Q. And he didn't jot down the time that
24 you --
25 A. Stopped.
Sandra M. Halsey, CSR, Official Court Reporter
4098

1 Q. Stopped the interview?
2 A. No.
3 Q. And, I guess you didn't think that was
4 important, or you would have had him do it?
5 A. Right, I don't see that that had
6 anything to do with it, no.
7 Q. But at any rate, that conversation
8 lasted some 20 or 30 minutes?
9 A. Something like that, yes, sir.
10 Q. And she was cooperative the entire
11 time?
12 A. Yes, sir.
13 Q. Did you ask her what had happened, or
14 what she recalled?
15 A. Yes, sir.
16 Q. And what did she tell you?
17 A. She told us, at that time, that an
18 intruder had -- well -- she had awoken to find an
19 intruder over her. She struggled with the intruder. She
20 saw him with the knife. I asked her to describe this
21 person, at which time she started to describe the person,
22 and I asked her to stop for a minute and let's