Volume 47

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. 47 OF 53 VOLS.
16 February 1, 1997
17 Saturday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
5362

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Saturday, the 1st day of
5 February, 1997, in the Criminal District Court Number 3
6 of Dallas County, Texas, the above-styled cause came on
7 for 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
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25
Sandra M. Halsey, CSR, Official Court Reporter
5363

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
5364

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
5365

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
5366

1 P R O C E E D I N G S
2
3 February 1st, 1997
4 Saturday
5 12:20 p.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. Let's bring
20 the jury in if they are ready.
21 THE BAILIFF: Not quite.
22 THE COURT: All right. Everybody
23 relax for a minute. Feel free to talk among yourselves.
24 All right.
25
Sandra M. Halsey, CSR, Official Court Reporter
5367

1 (Whereupon, the jury
2 Was returned to the
3 Courtroom, and the
4 Proceedings were
5 Resumed on the record,
6 at 12:20 P.M.,
7 In open court, in the
8 Presence and hearing
9 Of the defendant,
10 As follows:)
11
12 THE COURT: All right. Be seated,
13 please.
14 Let the record reflect that all
15 parties in the trial are present and the jury is seated.
16 Mr. Walker, has the jury reached a
17 verdict?
18 THE FOREMAN: Yes, we have, your
19 Honor.
20 THE COURT: All right. "We the jury,
21 find the defendant Darlie Lynn Routier guilty of the
22 offense of capital murder as charged in the indictment."
23 Ma'am, will you please be silent,
24 please.
25 That is signed by Frank S. Walker,
Sandra M. Halsey, CSR, Official Court Reporter
5368

1 Presiding Juror.
2 If that is your verdict, please so
3 signify by raising your right hand.
4
5 (Whereupon, each juror
6 on the jury, raised their
7 hand that the verdict just
8 read by the Court was their
9 verdict, after which time,
10 the proceedings were
11 resumed as follows:)
12
13 THE COURT: Let the record reflect
14 that all hands were raised.
15 May I see both sides briefly, please.
16
17 (Whereupon, a short
18 Discussion was held
19 Off the record, after
20 Which time the
21 Proceedings were resumed
22 As follows:)
23
24 THE COURT: All right. Ladies and
25 gentlemen of the jury, as your name is called, if your
Sandra M. Halsey, CSR, Official Court Reporter
5369

1 verdict is guilty, please raise your right hand,
2 individually.
3 Dana Evans. Let the record reflect
4 that his right hand was raised.
5 Salavdor Monroy. Let the record
6 reflect that Mr. Monroy's right hand was raised.
7 Donna Huth. Let the record reflect
8 that Ms. Huth's right hand was raised.
9 Eileen Corkill. Let the record
10 reflect that Mrs. Corkill's right hand was raised.
11 Jimmie Samford. Let the record
12 reflect that Mr. Samford's right hand was raised.
13 Charles Samford. Let the record
14 reflect that Mr. Charles Samford's right hand was raised.
15 Caroline Reynolds. Let the record
16 reflect that Mrs. Reynolds right hand was raised.
17 Kerri Franklin. Let the record
18 reflect that Mrs. Franklin's right hand was raised.
19 Frank Walker. Let the record reflect
20 that Mr. Walker's right hand was raised.
21 Rina M. Way. Let the record reflect
22 that Ms. Way's right hand was raised.
23 Lola Wagoner. Let the record reflect
24 that Mrs. Wagoner's right hand was raised.
25 Linda Gibson. Let the record reflect
Sandra M. Halsey, CSR, Official Court Reporter
5370

1 that Mrs. Gibson's right hand was raised.
2 All 12 jurors have indicated that the
3 verdict is guilty.
4 It will be necessary now for you to
5 set punishment in this case. We will commence that at
6 10:00 o'clock on Monday morning.
7 Now it's going to be set for 10:00
8 o'clock because Judge Prohl has one brief matter that
9 they must take up in this Court at 9:00.
10 So, if you will step back to the jury
11 room, please, for just a minute. Now, the same
12 instructions as always. The case is not over yet, so do
13 not discuss this case with anybody.
14 When the case is over, you may talk to
15 anybody or not, as you see fit. Do no investigation on
16 your own, because you will decide this case on the
17 testimony you hear and the evidence you will receive in
18 this courtroom. If someone tries to talk to you about
19 the case, please tell the bailiff who happens to be with
20 you at the time, and please ignore any publicity you may
21 see in the newspapers, or the radio, or the TV. In fact,
22 it's just a good idea not to read any newspapers, or look
23 at TV, or listen to the radio, pending the outcome of
24 your jury service in this case. And wear your juror
25 badges at all times in the courthouse area.
Sandra M. Halsey, CSR, Official Court Reporter
5371

1 If you will step back to the jury
2 room, please.
3 Thank you.
4
5 (Whereupon, the jury
6 Was excused from the
7 Courtroom, and the
8 Proceedings were held
9 In the presence of the
10 Defendant, with his
11 Attorney, but outside
12 The presence of jury
13 As follows:)
14
15 THE COURT: All right. Both sides
16 will be prepared to go forward Monday morning at 10:00
17 o'clock.
18 MR. GREG DAVIS: Yes, sir, we will.
19 THE COURT: Thank you. If I could
20 have one attorney from each side to remain briefly
21 please.
22 Ladies and gentlemen, that concludes
23 these proceedings, the courtroom will now be cleared.
24 Thank you.
25 (Audience clears courtroom.)
Sandra M. Halsey, CSR, Official Court Reporter
5372

1 THE COURT: I intend to send the jury
2 back home for the remainder of the weekend, and then have
3 them come back on Monday for the remainder of the trial.
4 Does either side have an objection to that?
5 MR. GREG DAVIS: The State has no
6 objection.
7 MR. DOUGLAS MULDER: No, we have no
8 objection, your Honor.
9 THE COURT: All right.
10
11 (Whereupon, the jury was
12 thereby excused for the
13 day, to return on
14 Monday, February 3, 1997,
15 at 10:00 A.M.)
16
17
18 (These proceedings are continued to
19 the next volume in this cause.)
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Sandra M. Halsey, CSR, Official Court Reporter
5373

1 CERTIFICATION PAGE
2 THE STATE OF TEXAS )
3 THE COUNTY OF DALLAS )
4 I, Sandra M. Halsey, was the Official Court
5 Reporter of Criminal District Court Number 3, of Dallas
6 County, Texas, do hereby certify that I reported in
7 Stenograph notes the foregoing proceedings, and that they
8 have been edited by me, or under my direction and the
9 foregoing transcript contains a full, true, complete and
10 accurate transcript of the proceedings held in this
11 matter, to the best of my knowledge.
12 I further certify that this transcript of the
13 proceedings truly and correctly reflects the exhibits, if
14 any, offered by the respective parties.
15 SUBSCRIBED AND SWORN TO, this _____ day of
16 ___________, 1997.
17 __________________________________
18 Sandra M. Day Halsey, CSR
19 Official Court Reporter
20 363RD Judicial District Court
21 Dallas County, Texas
22 Phone, (214) 653-5893
23
24 Cert. No. 308
25 Exp 12-31-98
Sandra M. Halsey, CSR, Official Court Reporter
5374

1 STATE OF TEXAS )
2 COUNTY OF DALLAS)
3
4 JUDGES CERTIFICATE
5
6
7
8 The above and foregoing transcript, as certified
9 by the Official Court Reporter, having been presented to
10 me, has been examined and is approved as a true and
11 correct transcript of the proceedings had in the
12 foregoing styled cause, and aforementioned cause number
13 of this case.
14
15
16
17
18
19 __________________________________
20 MARK TOLLE, JUDGE
21 Criminal District Court Number 3
22 Dallas County, Texas
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Sandra M. Halsey, CSR, Official Court Reporter
5375