Affidavit of Darlene Potter

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 DARLENE POTTER

BEFORE ME, the undersigned authority, on this day personally appeared DARLENE POTTER, who, being by me duly sworn on his oath, stated the following:

"My name is Darlene Potter and I am over the age of 18 and fully competent to make this affidavit.

"On June 5, 1996, I had been in Cleburne, Texas until late at night visiting my daughter. I then returned to my residence and was traveling on Dalrock Road in Rowlett, Texas after 2:00 o'clock a.m. on June 6, 1996. One Dalrock Road, north of Hwy. 66, I was driving northbound approaching the "S" curve. My vehicle was a full-size van and I was pulling a trailer.

"As I approached the first part of the "S" curve, I put on my bright lights and slowed way down because of the trailer. I suddenly saw a man walking on the edge of the left side of the roadway headed in the same direction I was going. He was about six feet tall, medium build, had shoulder length brownish hair which was messed up, wearing a black T-shirt. He was barefooted.

"I was surprised that anybody was out in this area at that time and I particularly noticed that he was bare-footed. I looked closely at him as I drove slowly past him and continued to look at him in my side mirror as I came out of the curve.

"When I looked ahead again I saw a second man walking on the left edge of the road. As I approached this man, he stepped form the side of the road as if he were walking toward my vehicle. I was just starting to accelerate slowly from out of the curve at this time and when I saw the man stepping towards my car, he looked in the direction of the first man. I then looked in my mirror again and saw the first man shaking his head as if to say "no" to the second man.

"This second man had a light colored baseball cap on, white shirt, blue jeans, He didn't have any facial hair. He was about 5' 8" tall and stocky.

"Both men were white and appeared to be between 22-28 years old.

"I was worried about who these men were and wondered why they were out on foot at this time of night. I lived near this area where people are known to walk through the adjoining property occasionally and I was also worried about these guys coming near my house. I went to bed but couldn't sleep and about 45 minutes later I noticed a small dark-colored car driving through the field next door. It appeared to be riding its brakes.

"I would estimate that it is no more than a 10 minute walk between the home of Darlie Lynn Routier on Eagle Drive and the "S" curve on Dalrock where I first saw the men"

[signed]

______________________

Darlene Potter

SUBSCRIBED AND SWORN to before me on this the 10 day of July, 2002

[signed]

____________________

Notary Public, State of Texas