Affidavit of Charles Linch
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
FIRST AFFIDAVIT OF CHARLES A. LINCH
COMMONWEATH
OF VIRGINIA
COUNTY OF HENRICO
I, Charles
A. Linch, being dully sworn and under penalty of perjury, declare as follows:
1. My name
is Charles Arian Linch. I am 49 years of age and am competent to make this
Affidavit. I have personal knowledge of the facts stated in this Affidavit, and
those facts are all true and correct.
2. I am
currently employed with the Virginia Division of Forensic Science, Trace
Evidence Laboratory, 700 North Fifth Street, Richmond, Virginia, 23218, as a
Forensic Scientist Senior (FS III) and have been so employed since September,
1999. The Division of Forensic Science is a Nationally Accredited Forensic
Laboratory (ASCLD) and as such I was required to pass hair and fiber
identification/comparison tests and pass a mock trial prior to being allowed to
do casework. Since the spring of 2001, I have also worked part-time as an
Adjunct Instructor at Virginia Commonwealth University in the Masters Program
of Forensic Science. I have authored or co-authored six papers concerning
forensic hair examination. In my position as a Forensic Scientist Senior, I am
subpoenaed to testify as an expert witness in criminal cases for both the
Commonwealth and the defense regarding my forensic analysis of hair and fiber
evidence.
3. Prior to
my employment with the Virginia Division of Forensic Science, I was a Trace
Evidence Analyst at the Southwestern Institute of Forensic Science (SWIFS),
Dallas, Texas. I held the position of Trace Evidence Analyst at SWIFS from
1990-1999, with the exception of a four-month recess between June 1994 and
September 1994. As a Trace Evidence Analyst, I specialized in the fields of
hair and fiber examination, gunshot residue analysis and glass examination. In
that role I testified in numerous criminal cases regarding the forensic
analysis of hair and fiber evidence.
4. On or
about June 6, 1996, during my employment at SWIFS, I became involved as a
forensic analyst for the State in the murders of Devon and Damon Routier. In
addition to collecting certain trace evidence at the crime scene, I was provided
with numerous pieces of evidence at the SWIFS laboratory. I performed both hair
and fiber analysis of the evidence collected from the crime scene. Based on the
results of this analysis, I ultimately testified as an expert witness for the
State of Texas in the trial of Darlie Routier.
5. On August
23, 1996, I was visited at the SWIFS laboratory by Darlie Routier's original
defense counsel, Douglas Parks and Wayne Huff, as well as the defense's
Investigator, Cliff Jenkins. On at least two occasions prior to that date, I
had met with Douglas Parks, Wayne Huff and/or Investigator Jenkins in order to
provide them with access to the evidence in the State's custody and discuss my
findings regarding that evidence.
6. On August
23, 1996, Douglas Parks, Wayne Huff, and Cliff Jenkins were accompanied by two
forensic scientist, Bart Epstein and Terry Laber. It was my understanding that
Bart Epstein and Terry Laber had been retained by Douglas Parks and Wayne Huff
to conduct a forensic analysis of the physical and trace evidence in my
custody. Bart Epstein, Terry Laber and I met for approximately three hours to
discuss the evidence in the Routier case. During that meeting, Bart Epstein and
Terry Laber reviewed the evidence in my possession, including, but not limited
to:
a. All
microscope slides I had prepared;
b. The
nightshirt worn by Darlie Routier on the night of the murders;
c. The Hover
vacuum cleaner;
d. The large
maroon pillow;
e. Pieces of
carpet and flooring containing blood stains and spatters; and
f. Darin
Routier's blood-stained blue jeans.
The
microscope slides I prepared contained screen material, hairs, fibers, and
glass, including (but not limited to) fiber and opaque material I removed from
the knife found on the Routier kitchen counter; and fibers from tests I
performed on the garage window screen.
7. During
the course of our August 23, 1996 meeting, Bart Epstein and Terry Laber
performed a detailed analysis of the evidence I provided. Bart Epstein
conducted a microscopic comparison of all the microscope slides I had prepared.
Terry Laber collected samples from some of the larger pieces of evidence, such
as Darlie Routier's nightshirt, and took detailed notes regarding the evidence
examined.
8. I was not
informed of Bart Epstein and Terry Labers' conclusion based on their analysis
of the Routier evidence. However, the evidence tested by Bart Epstein and Terry
Laber may have enabled them to form conclusions that contradicted, or called
into question, the State's theory of the case.
9. I was not
contacted by either Bart Epstein or Terry Laber following our August 23, 1996
meeting at SWIFS. I do not know if they conducted further tests on the evidence
they collected from me. Bart Epstein and Terry Laber's absence from Darlie
Routier's trial team coincided with the appointment of Douglas Mulder and
Richard Mosty, who assumed the representation of Darlie Routier from Douglas
Parks and Wayne Huff. Following my August 23, 1996 meeting with Bart Epstein
and Terry Laber, I was not contacted by any other trace evidence experts for
the defense in the Routier case.
10. As a
trace evidence analyst, it is my professional opinion that further forensic
testing on this evidence would have been appropriate in order to adequately
investigate the factual bases of the prosecution's theories. Specifically, it
is my professional opinion that if Bart Epstein and Terry Laber were released
from their retention as expert witnesses for Darlie Routier's defense, such
release constituted a grave error on the part of Darlie Routier's defense
counsel.
I declare
under penalty of perjury that the foregoing ten (10) numbered paragraphs are
true and correct.
Dated: July
11, 2002
[signed]
_____________________
Charles A.
Linch
COMMONWEATH
OF VIRGINIA
COUNTY OF
HENRICO