Affidavit of Terry L. Laber
In the Criminal District Court No.3
Dallas County, Texas
DARLIE LYNN ROUTIER
No. F96-39973-MJ IN THE CRIMINAL
DISTRICT COURT
NO. 3 OF
DALLAS COUNTY, TEXAS
AFFIDAVIT OF TERRY L. LABER
Before me,
the undersigned notary, on this day, personally appeared Terry L. Laber, a
person whose identity is known to me. After I administered an oath to him, upon
his oath, he said:
1. My name
is Terry L. Laber. I am over twenty-one years old and I reside in White Bear
Lake, Minnesota. I am capable and fully competent to make this Affidavit. The
statement herein are true and correct to the best of my personal knowledge.
2. I
received a B.S. in Chemistry from the University of Wisconsin in 1969. From
1969-1971, I worked as a Crime Laboratory Analyst for the United States Army
Criminal Investigation Laboratory. From 1971-2000, I held a series of positions
at the Minnesota Bureau of Criminal Apprehension Forensic Science Laboratory
("Minnesota BCA"), including forensic scientist, supervisor of Serology
Section and Biology Section, and assistant laboratory director. In August of
2000, I retired from the Minnesota BCA.
3. I am
presently employed approximately forty-hours per week as a senior project
consultant for Minnesota BCA. I am also self-employed as a forensic consultant
on an as-needed basis in White Bear Lake, Minnesota and have been so employed
since 1981. As part of my work as a forensic consultant, I analyze physical
evidence, such as blood stains, microscopic particles and other trace evidence
left at crime scenes to determine what such evidence suggests about how the
crime occurred or did not occur. I have testified as an expert in bloodstain
pattern analysis about forensic analysis of physical evidence in over fifty
trials, including trials in the State of Texas. I have served as a forensic
consultant in more than two hundred other cases.
4. I am a
member of several forensic science organizations including the American Academy
of Forensic Sciences, the Midwestern Association of Forensic Scientists, and
the International Association of Bloodstain Pattern Analysts.
5. In August
of 1996, I was retained by Douglas Parks and Wayne Huff, then-defense counsel
to Darlie Lynn Routier, who was then-scheduled to be prosecuted for the death
of her son Damon Routier. As part of that engagement, my colleague, Barton P.
Epstein, and I viewed a number of pieces of physical evidence, then in the
custody of the State of Texas. In August, 1996, Barton Epstein and I met with
State's forensic analyst, Charles Linch, at the Southwestern Institute of
Forensic Sciences in Dallas, Texas. We reviewed a number of pieces of physical
evidence in Mr. Linch's possession. We also reviewed evidence in possession of
the Rowlett Police Department.
6. Barton
Epstein and I recommended to Mr. Parks and Mr. Huff that certain samples of
physical evidence that we reviewed be analyzed to test the State's theory that
the crime scene at 5801 Eagle Drive, Rowlett, Texas had been stated. For
example:
a. Fiber and
Opaque Material Said to Have Been Removed from Bread Knife: We recommended that
microscopic and/or elemental comparison tests be conducted on the fiberglass
and opaque materials removed from a bread knife to substantiate or dispute the
State's theory that the source of these materials was the window screen in the
garage of 5801 Eagle Drive, Rowlett, Texas.
b. Other
Fibers Said To Have Been Removed from Knife on Counter: We recommended that the
apparent wood fragments and blue fibers removed from the knife found on the
kitchen counter be microscopically examined to determine their source.
c. Darlie
Routier's Nightshirt: Based on defects (i.e. cuts) observed on the left side of
the nightshirt, we determined that additional testing was required to identify
the source of the defects. In addition, we recommended that genetic testing be
conducted on several blood-stained areas of the nightshirt.
d. Hoover
Vacuum Cleaner: Based on our visual examination of the blood stains found on
the Hoover vacuum cleaner, we determined that genetic testing was required to
determine the source of the blood.
e. Carpet:
We recommended DNA and possible chemical testing of blood stains and prints
left on the carpet from 5801 Eagle Drive, Rowlett, Texas.
f. Darin
Routier's Blue Jeans: We recommended that genetic testing be conducted on
several blood-stained areas of Darin Routier's blue jeans.
g. Pillow
and furniture: We recommended that genetic testing be conducted on several
blood-stained areas on the living room furniture, pillow and on the wine rack.
7. In late
October 1996, Douglas Parks informed Mr. Epstein and I that he had been
replaced as defense counsel by Darlie Routier and that we should send him a
final bill for our services. Shortly thereafter, Mr. Parks informed us that he
had been removed as trial counsel and Douglas Mulder had been substituted as
the new trial counsel.
8. In late
October or November 1996, I met with Douglas Mulder and his investigator, Lloyd
Harrell, to discuss the testing that Barton Epstein and I had conducted to date.
Barton Epstein did not attend that meeting.
9. During
the meeting, I provided Mr. Mulder and Mr. Harrel with a general overview of
the work done to date by Mr. Epstein and I. It was my impression that neither
Mr. Mulder nor Mr. Harrell seemed particularly interested in that work. Both
men asked me only a few questions. The meeting lasted about two hours.
10.
Following the meeting, I expected that Douglas Mulder or one of his colleagues
would follow up with me because the time in the introductory meeting was not
sufficient time to explain in necessary depth the forensic significance of the
analysis Barton Epstein and I had performed or had recommended be performed.
Mr. Mulder did not retain either Barton Epstein or me to perform any of the
testing we recommended, and so we discontinued all work on the case. I had no
further involvement in the trial of Darlie Lynn Routier after November 1996.
11. Based on
the analysis I performed in this case, it was my professional opinion in
November 1996, and is my professional opinion today, that there were numerous
pieces of physical evidence we reviewed that were not consistent with a staged
crime scene. For example:
a. Review of
the blood spatter on and near the vacuum cleaner indicated that the vacuum
cleaner had not been pushed around by someone bleeding, but, instead, that most
of the bleeding had occurred after the vacuum cleaner had been knocked down.
b. The
placement of shards of glass below the location of the wine glasses indicated
that the wine glass had broken while still in the rack and was not consistent
with a person smashing or throwing the glass onto the floor as part of a staged
crime scene.
12. In my
professional opinion, scientific testing of the physical evidence would have
been critical to Darlie Lynn Routier's defense. Independent testing of that
physical evidence was crucial to properly evaluate the State's case. There were
numerous potential holes in the State's case that required testing to conform
or refute the State's presentation of the evidence and to provide evidence that
could well have refuted the State's forensics testimony. These and other tests
would have been critical to developing the physical evidence to refute the
State's use of forensic and physical evidence and establish Darlie Lynn
Routier's innocence.
a. Based on
my blood-spatter analysis experience, for the theory that direct hits of Darlie
Lynn Routier's blood being spattered from her stab would precisely covered each
blood spatter of her tow sons Damon and Devon to have been correct would have
required an extremely unlikely sequence of events. My preliminary analysis of
the shirt Darlie Lynn Routier was wearing indicated only minimal area of blood
spatter and the critical areas of spatter were not subjected to genetic
testing. Genetic testing should have been conducted on those blood-stained
areas of Darlie Lynn Routier's nightshirt. In addition, a microscopic
examination should have been performed to determine the source of cuts observed
on the left-side of the neck of the nightshirt.
b. Testing
of the fiberglass and opaque material said removed from the bread knife should
have been conducted to substantiate or dispute the State's theory that the
source of these materials was the window screen in the garage, and the window
screen was cut as part of the staged crime scene.
c. The
apparent wood fragments and blue fibers removed from the knife found on the
kitchen counter should have been microscopically examined to determine their
source.
d, DNA
testing should have been performed on the blood stains found on the Hoover
vacuum cleaner to determine the identity of the persons or persons whose blood
was on the vacuum cleaner.
e. DNA and
possible chemical testing of blood stains and prints left on carpet and
flooring should have been pursued to determine the identity of those who bled
or left prints.
f. Genetic
testing should have been conducted on several blood-stained areas of Darin
Routier's blue jeans since they might have indicated that he was involved in
the murder.
g. Genetic
testing should have been conducted on several blood-stained areas on the
furniture, pillow and wine rack to reconstruct the location and movement of
individuals at the crime scene.
12. It is my
professional opinion that further testing and evaluation of the items
referenced above in numbered paragraphs 6-11 would help establish if in fact
the crime scene was or was not staged. Such testing is necessary to confirm or
refute the State's testimonial evidence presented at Darlie Routier's trial and
to establish Darlie Lynn Routier's innocence. For example:
a. DNA
testing and/or microscopic examination should be conducted on blood stains left
on Darlie Routier's nightshirt, the Hoover vacuum cleaner, furniture items,
pillow, wine rack, and all flooring and carpeting samples in the State's
custody.
b. Chemical
testing of the flooring and carpeting samples should also be explored. In
addition, all microscopic slides of fibers and other matter removed from 5801
Eagle Drive should be examined to determine their source and/or to rule out
possible sources.
c. Testing
of the brush and powder used to dust the knives in the home at 5801 Eagle Drive
should be performed and may refute the theory that fiberglass was consistent
with the material from the garage window screen.
13. In order
to conduct such testing, access to the above-referenced items in the State's
custody, as well as samples of the garage window screen and all known blood
samples would be required. Although certain testing might use up a portion of
the existing sample, none would destroy the sample completely. Thus, there
would be remaining sample for the State to conduct confirmatory testing should
it desire to do so.
I declare
under penalty of perjury that the foregoing 13 numbered paragraphs are true and
correct.
STATE OF
MINNESOTA
COUNTY OF
RAMSEY
SWORN TO and
SUBSCRIBED before me by Terry L. Laber on July 11, 2002
Dated:
______________________________
[signed]
___________________________________
Terry L.
Laber