The Darlie Routier Case
SIMMONS TRANSCRIPT VOL 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
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20
21
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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
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	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
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	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?
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	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
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	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.
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	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
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	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?
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	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
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	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
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	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?
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	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?
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	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
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	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.
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	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
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	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?
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	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
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	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:
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	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.
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	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
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	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
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	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 start from
23	the very top to what he was wearing.
24			Q.	Okay.  What did she tell you?
25			A.	She said that he was wearing a black
			Sandra M. Halsey, CSR, Official Court Reporter
						4099

	1	cap.  And I said, "Was the bill to the front of the face
	2	or was it turned around backwards?" And, she said the
	3	bill was to the front.
	4			Q.	Okay.
	5			A.	I asked her if she remembered seeing
	6	any writing on it.  She didn't see any writing or no
	7	pictures.
	8				I asked her if she knew whether it was
	9	a fitted cap, or if it was one that you had to adjust.
10	She did not know.
11				I asked her from the cap, if she could
12	describe his hair, and she said it was a dark colored
13	brown, that was shoulder length.  It appeared to be
14	straight.
15				I asked her to describe his face, and
16	she could not describe any part of the face.
17				I asked her to describe what he was
18	wearing, and she said he was wearing a black T-shirt.
19	And I asked her if it was a black pull-over T-shirt, a
20	buttoned-up T-shirt, and she said it was a pull-over,
21	that it didn't have any buttons on it.  Didn't have a
22	collar on it, and it was short sleeved.
23			Q.	All right.
24			A.	I asked her if it had any writing or
25	designs on it, and she didn't see any.
Sandra M. Halsey, CSR, Official Court Reporter 
	4100

	1				I asked her about a belt.  She
	2	couldn't remember if there was a belt or not.
	3				I asked her about his jeans.  The blue
	4	jeans, I asked her if she could remember if they were
	5	blue blue jeans or a different color.  She said blue.
	6	She couldn't remember any labels on the jeans.
	7			Q.	Okay.
	8			A.	I asked her about his shoes and socks,
	9	and she didn't remember any shoes or socks.
10				I asked her -- because of it being a
11	short sleeved T-shirt, if she saw any tattoos or scars on
12	his arms, and she said, no, that she didn't remember any
13	scars or tattoos.
14				Of course, naturally, we think about
15	robbery, and I asked her about her jewelry.  And she said
16	the jewelry -- she described her jewelry real well and
17	where it was located.
18				And, I would have to look at my notes
19	to see what else was said.
20			Q.	Okay.  Are you talking about your
21	written notes?
22			A.	No, I'm talking about Frosch's notes
23	or the supplement.
24			Q.	You just made mental notes?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4101

	1			Q.	All right.  Have you had occasion to
	2	review Frosch's notes?
	3			A.	Yes, sir.
	4			Q.	Before your testimony?
	5			A.	Yes, sir.
	6			Q.	Yesterday I suspect?
	7			A.	Yes, sir.
	8			Q.	Okay.  When is the last time before
	9	yesterday that you reviewed them?
10			A.	The last time I reviewed Frosch's
11	notes has been -- right after he gave them to me, months
12	ago.
13			Q.	All right.  Let me hand you what has
14	been marked for identification and record purposes
15	Defendant's Exhibit No. 2 (sic), and you will have his
16	notes in here?
17			A.	Yes, sir.
18			Q.	Would you find those for me, please,
19	sir?  I mean, 72.
20			A.	Okay.
21
22				THE COURT:  Rather than take up the
23	jury's time, we will take a 10 minute break now, please.
24
25				(Whereupon, a short
			Sandra M. Halsey, CSR, Official Court Reporter
						4102

	1				Recess was taken,
	2				After which time,
	3				The proceedings were
	4				Resumed on the record,
	5				In the presence and
	6				Hearing of the defendant
	7				And the jury, as follows:
	8
	9			THE COURT:  All right.  Are both sides
10	ready to bring the jury back and continue with this
11	witness?
12			MR. TOBY SHOOK:  Yes, your Honor, the
13	State is ready.
14			MR. DOUGLAS D. MULDER:  Yes, your
15	Honor, we're ready.
16			THE COURT:  All right.  Bring the jury
17	back, please.
18
19			(Whereupon, the jury
20				Was returned to the
21				Courtroom, and the
22				Proceedings were
23				Resumed on the record,
24				In open court, in the
25				Presence and hearing
			Sandra M. Halsey, CSR, Official Court Reporter
						4103

	1				 Of the defendant,
	2				 As follows:)
	3
	4				THE COURT:  Let the record reflect
	5	that all of the parties in the trial are present and the
	6	jury is seated.
	7				Mr. Mulder.
	8				MR. DOUGLAS D. MULDER:  Yes, sir,
	9	thank you, Judge.
10				THE COURT:  You may proceed.
11
12
13				DIRECT EXAMINATION (Resumed)
14
15
16	BY MR. DOUGLAS D. MULDER:
17			Q.	Detective Patterson, while the jury
18	was out of the room you went through your entire file
19	here, did you not?
20			A.	Yeah, pretty much so.
21			Q.	All right.  And you were unable to
22	find Chris Frosch's notes there?
23			A.	I didn't find them, no.
24			Q.	It's your file, isn't it?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4104

	1			Q.	All right.  You are telling us that
	2	Chris Frosch's notes are not in your file?
	3			A.	I didn't see them in there.
	4			Q.	Okay.  But you reviewed them last
	5	night?
	6			A.	I did, but I didn't look in that file.
	7	I've got a copy of his notes.
	8			Q.	Where is that?
	9			A.	I just gave you two pages.
10			Q.	Oh, you are talking about what is
11	written up here?
12			A.	The supplement.
13			Q.	Yes.
14			A.	I just gave you two pages of the
15	supplement.
16			Q.	Yes, sir.
17			A.	Yes.
18			Q.	Okay.  Well, I was talking about his
19	actual notes?
20			A.	I don't have that.  Are you talking
21	about handwritten notes?
22			Q.	Yes, sir.
23			A.	I don't have those.
24			Q.	Okay.  So what you are telling us you
25	reviewed, you apparently reviewed the report that he
			Sandra M. Halsey, CSR, Official Court Reporter
						4105

	1	made, and not his handwritten notes?
	2			A.	What I reviewed was -- he has a
	3	supplement, and I reviewed this supplement.
	4			Q.	Okay.
	5
	6				MR. DOUGLAS D. MULDER:  Mark these,
	7	please.
	8
	9				(Whereupon, the following
10					mentioned item was
11					marked for
12					identification only
13					after which time the
14					proceedings were
15					resumed on the record
16					in open court, as
17					follows:)
18
19	BY MR. DOUGLAS D. MULDER:
20			Q.	Let me hand you what have been marked
21	for identification and record purposes as Defendant's
22	Exhibits 74 and 75, and I'll ask you if you recognize
23	Chris Frosch's handwriting?
24			A.	I'm not sure.
25			Q.	Well, I don't know whether you would
			Sandra M. Halsey, CSR, Official Court Reporter
							4106

	1	take my word for it or not, but he handed those to me,
	2	and told me they were his notes?
	3			A.	Okay.
	4			Q.	Do you have any quarrel with that?
	5			A.	No, sir.
	6			Q.	These are the notes that you saw him
	7	taking at the hospital?
	8			A.	No, sir.
	9			Q.	Oh, these are not the notes that he
10	was taking at the hospital?
11			A.	I didn't see what he was taking,
12	because where I was standing, I was asking questions and
13	he was kind of standing to my left, and I wasn't really
14	paying any attention to him.
15			Q.	Well, when you left the hospital, did
16	you review his notes to make sure that he put down what
17	was accurate?
18			A.	No, I did not.
19			Q.	Why not?
20			A.	Well, I just didn't review his notes.
21			Q.	Well, I mean, you wanted to be
22	accurate with what she said, don't you?
23			A.	Yes, sir.
24			Q.	Okay.  Well, I mean, what better way
25	to be accurate than either, one, record it with a tape
			Sandra M. Halsey, CSR, Official Court Reporter
						4107

	1	recorder, and you could have done that, couldn't you?
	2			A.	We could have, but that is not a
	3	policy that we use, no.
	4			Q.	Okay.  Well, I don't care whether it's
	5	your policy or not, I just want to know --
	6			A.	Well, we care that it's our policy,
	7	and it's not our policy, and so we don't use a tape
	8	recorder.
	9			Q.	Did you have that option?  You could
10	have recorded it with a tape recorder?
11			A.	Well, we don't do that.
12			Q.	But you could have?
13			A.	We don't do that.
14			Q.	Well --
15
16				THE COURT:  All right.  Let's move on.
17	I think everybody understands the question and the
18	answer.
19
20	BY MR. DOUGLAS D. MULDER:
21			Q.	Well, you could have video recorded it
22	if you had chosen to?
23			A.	But we don't do that.
24			Q.	Well, you video record drunk drivers,
25	don't you?
			Sandra M. Halsey, CSR, Official Court Reporter
						4108

	1			A.	That is uniform, that is separate than
	2	our division.
	3			Q.	All right.  So you have the equipment
	4	available to you?
	5			A.	We have video equipment, yes, sir.
	6			Q.	You chose not to do that?
	7			A.	No.
	8			Q.	You chose not to take any notes
	9	yourself, and you chose not to review your partner's
10	notes.
11				Would you look at those notes now,
12	Defendant's Exhibit No. 74.  Would this be the first time
13	that you have looked at them?
14			A.	The first time I have looked at this,
15	yes.
16			Q.	All right.  The first time that you
17	have ever seen his notes, as regards the conversation
18	that took place at approximately 6:00 o'clock, on June
19	the 6th of 1996, is that right?
20			A.	Do what now?
21			Q.	This is the first time that you have
22	reviewed Chris Frosch's notes with respect to the
23	conversation between you and Darlie at 6:11 or 6:15 or
24	whatever time it was?
25			A.	I reviewed his notes.  I reviewed his
			Sandra M. Halsey, CSR, Official Court Reporter
						4109

	1	supplement.
	2			Q.	Well, are those the notes that you
	3	reviewed?
	4			A.	No, I reviewed the typed supplement
	5	that he --
	6			Q.	All right.  I understand that.  Would
	7	you review his notes, please, sir?
	8			A.	Sure.
	9			Q.	Okay.
10
11				THE COURT:  All right.  You may
12	continue, please.
13				MR. DOUGLAS D. MULDER:  Yes, sir.
14
15	BY MR. DOUGLAS D. MULDER:
16			Q.	Do you feel like you are well enough
17	acquainted with those notes now to answer some questions?
18			A.	Yes, sir.
19			Q.	Okay.  You had told the jury, or given
20	them an account, and is it fair to say that these notes
21	probably start on this page that I have marked
22	Defendant's Exhibit No. 74, where it says Baylor
23	Hospital, Baylor Medical Center, Dallas, in recovery
24	room, approximately 6:11?
25				Do you see that?  Would that be fair
			Sandra M. Halsey, CSR, Official Court Reporter
						4110

	1	to say that that is probably where those notes start?
	2			A.	Well, no, it looks like to me it
	3	started on the first page.
	4			Q.	Well, but if you will read that, that
	5	appears to be an interview with Darin, isn't it?
	6			A.	On the first several pages?
	7			Q.	Yes, sir.
	8			A.	Yes, sir.
	9			Q.	Okay.
10			A.	These are Detective Frosch's notes and
11	that is probably who you are going to have to ask about
12	that.
13			Q.	Okay.  Well, inasmuch as you have
14	refreshed your memory from his notes, you have told us
15	about, for example, you gave us a description, and that
16	description was based on what Detective Frosch wrote
17	down, I assume, was it not?
18			A.	The description of what?
19			Q.	The description of the assailant that
20	Darlie Routier described to you, during the morning of
21	June the 6th?
22			A.	And what I can remember, yes, sir.
23			Q.	Okay.  Did she tell y'all that the man
24	was possibly black?
25			A.	She did not tell us that morning, no,
			Sandra M. Halsey, CSR, Official Court Reporter
						4111

	1	she had told the uniformed officer --
	2		        Q.	Wonder why he wrote it in his notes up
	3	there?
	4
	5			MR. GREG DAVIS:  I'm going to object
	6	to that, that is improper impeachment.
	7			THE COURT:  Sustained, sustained.
	8	Let's move on.  If you want to call Detective Frosch then
	9	call him.
10			MR. DOUGLAS D. MULDER:  Judge, I
11	intend to call him.
12			THE COURT:  Well, then fine.  Let's
13	move on to what this witness actually knows of his own
14	knowledge.
15			THE WITNESS:  That is not what that
16	says.
17			MR. DOUGLAS D. MULDER:  Yes, sir.
18
19	BY MR. DOUGLAS D. MULDER:
20		        Q.	"Black cap --"
21
22			MR. GREG DAVIS:  I'm going to object
23	again to him going into that document.
24			THE COURT:  Sustained.
25
			Sandra M. Halsey, CSR, Official Court Reporter
					4112

	1	BY MR. DOUGLAS D. MULDER:
	2			Q.	Did he have a black cap on?
	3			A.	She says he had a black cap on.
	4			Q.	Okay.  Shoulder length hair or collar
	5	length hair?
	6			A.	What I remember is, it was about
	7	shoulder length -- excuse me, collar length.
	8			Q.	Did she ever describe the assailant as
	9	possibly black?
10			A.	I had one of the other supplements,
11	from Officer Waddell showed black or white.
12			Q.	Okay.  Black or white, is that right?
13			A.	Black or white.
14			Q.	Now, you were telling us about talking
15	to a lady about an unusual car out there?
16			A.	Yes, sir.
17			Q.	And talking to this Barbara Jovell
18	about a car, and talking to another lady about a car that
19	was parked in that -- what you call a street, is that
20	right?
21			A.	Yes, sir.
22			Q.	All right.  Were there any other
23	people that reported a small, black car in or around the
24	Routier home that evening, or early morning?  Either the
25	evening of June the 5th or the early morning of June the
			Sandra M. Halsey, CSR, Official Court Reporter
						4113

	1	6th?
	2			A.	You will have to ask me that again.
	3			Q.	Okay.  Why was it -- why did you care
	4	whether there had been mysterious cars, or suspicious
	5	cars out there?  What importance could that have possibly
	6	been?
	7			A.	Well, at that time, we were looking
	8	for an intruder.
	9			Q.	Okay.  So that is what made it
10	important if there were suspicious cars out there?  Is
11	that right?
12			A.	Yes.
13			Q.	Okay.  And did you find people who had
14	seen suspicious cars out there?
15			A.	Did we find people?
16			Q.	Yes.
17			A.	The lady, Ms. Watts, told me about a
18	car.
19			Q.	That is one.
20			A.	But she didn't say black car to me,
21	she just said a car.
22			Q.	She said a dark car to one of your
23	other fellow detectives, didn't she?
24			A.	Well, I don't know if it was a dark
25	car or -- well, I would have to read that again, but it
			Sandra M. Halsey, CSR, Official Court Reporter
						4114

	1	was a dark car, mid-sized, and then Ms. Jovell was the
	2	one that was telling me that her mother had seen a black
	3	car in the alleyway.
	4			Q.	Okay.  Well, did anybody tell you that
	5	they had seen a car around midnight, drive up her alley,
	6	and look in the garage, and turn -- or toward the garage,
	7	and turn around, and leave, and just hanging around in
	8	that area, a small, black, car?
	9			A.	Well --
10			Q.	Yes, sir, that is about a 3 inch
11	account.  Have you read that?
12			A.	Well, there is a supplement about
13	someone telling a uniformed officer about a car.
14			Q.	Okay.
15			A.	It was dated on 6-8.
16			Q.	All right.  I mean, it is your report?
17			A.	Right.
18			Q.	Did you find someone who had seen a
19	small car in the alley shortly before midnight, some two,
20	or two and a half hours before the attack?
21			A.	I didn't talk to anybody about that.
22			Q.	I know.  But that report came in to
23	you, didn't it?
24			A.	Which report?  That report there shows
25	a different date.
			Sandra M. Halsey, CSR, Official Court Reporter
						4115

	1			Q.	"Drove by the victim's home slowly.
	2	Drove in the alley -- "
	3
	4				MR. GREG DAVIS:  I'm going to object
	5	to that.
	6				THE COURT:  Sustained.  Please ask the
	7	next question.
	8				Please answer all of the questions you
	9	know of your own knowledge, directly and succinctly, and
10	as quickly as possible.
11				THE WITNESS:  Yes, sir.
12
13	BY MR. DOUGLAS D. MULDER:
14			Q.	Did you say that this is the first
15	time that you have actually seen the spiral notebook with
16	the handwritten notes?
17			A.	Yes, sir.
18			Q.	Okay.  Now, you were there
19	approximately 20 to 30 minutes, is that what you have
20	previously testified to?
21			A.	I was where?
22			Q.	At the hospital, at Baylor, talking to
23	Darlie?
24			A.	Yes, sir.
25			Q.	Okay.  Twenty or 30 minutes, is that
			Sandra M. Halsey, CSR, Official Court Reporter
						4116

	1	right?
	2			A.	About that.
	3			Q.	That is not a trick question.  I want
	4	to move on.
	5			A.	Approximately, yes.
	6			Q.	Okay.  And, did you then leave the
	7	hospital, or did you go back to talk to Darin?
	8			A.	I don't remember talking to Darin any
	9	more after that.
10			Q.	Okay.  Did you return to the hospital
11	any more that day?
12			A.	I don't recall being back at the
13	hospital that day.
14			Q.	Of course, you didn't put anything in
15	your notes about it, did you?
16			A.	No, sir.
17			Q.	You didn't put anything in your notes
18	about talking to Darin, did you?
19			A.	Yes, sir.
20			Q.	You did?
21			A.	I have a supplement showing I talked
22	to Darin.
23			Q.	Well, but I'm talking about your
24	handwritten notes?
25			A.	I didn't take any handwritten notes.
			Sandra M. Halsey, CSR, Official Court Reporter
						4117

	1	Not about when I talked to Darin.
	2			Q.	Okay.  No handwritten notes when you
	3	talked to Darin, and no handwritten notes when you talked
	4	to Darlie?
	5			A.	No.  On that day.
	6			Q.	Right.  You don't recall returning to
	7	the hospital that day?
	8			A.	I don't remember coming back to the
	9	hospital.
10			Q.	Well, does that mean you could have?
11			A.	I could have.
12			Q.	Okay.  But you wouldn't -- of course,
13	there is no way we will know, because you don't have any
14	notes; is that right?
15			A.	I know that I talked to somebody about
16	coming back to the hospital, but I don't remember that I
17	went back to the hospital.
18			Q.	All right.  When you left the
19	hospital, will you tell the jury where you went?
20			A.	That morning?
21			Q.	Yes, sir.
22			A.	I went back to 5801 Eagle Drive.
23			Q.	Okay.  About what time did you get
24	back there?
25			A.	I can't remember if it was shortly
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	4118

	1	before 8:00 o'clock or shortly before 9:00 o'clock.
	2			Q.	Okay.  When you got back there, who
	3	all was there?
	4			A.	I can't tell you everyone that was
	5	there.  I met up with Sergeant David Nabors, and James
	6	Cron.
	7			Q.	Was Nabors in charge of coordinating
	8	things?
	9			A.	The crime scene, yes, sir.
10			Q.	That was his responsibility?
11			A.	Yes, sir.
12			Q.	That would be a Sergeant Nabors?
13			A.	Yes, sir.
14			Q.	Okay.  And he is one of the people
15	that -- he has not testified in this case to your
16	knowledge, has he?
17			A.	No, sir, he has not.
18			Q.	Okay.  But it was his job to
19	coordinate the crime scene?
20			A.	Yes, sir.
21			Q.	And he would determine what was picked
22	up, and what wasn't, and things of that nature?
23			A.	That would be part of his job.  Yes,
24	sir.
25			Q.	Okay.  As the chief investigator
			Sandra M. Halsey, CSR, Official Court Reporter
							4119

	1	assigned to this offense, you would coordinate your
	2	investigation with Sergeant Nabors, I suspect?
	3			A.	Yes, sir.
	4			Q.	Did you walk through the scene?
	5			A.	Yes, sir.
	6			Q.	Okay.  And what was your purpose in
	7	doing that?
	8			A.	James Cron and Nabors took me through
	9	the scene, just to show me what they were -- you know,
10	what it looked like had happened in there.
11			Q.	Okay.  And, what time was that?
12			A.	Well, if I got back at shortly before
13	8:00, it was around 8:00; or shortly before 9:00, then it
14	was around 9:00.
15			Q.	Okay.  So you did it shortly after you
16	arrived back at that area; is that right?
17			A.	Yes, sir.
18			Q.	Okay.  And, at that time, were they
19	processing the scene?
20			A.	There had been -- my understanding was
21	that there had been photographs taken.
22			Q.	Okay.  Had it been processed for
23	fingerprints?
24			A.	I don't know.
25			Q.	Well, if you went through the scene,
			Sandra M. Halsey, CSR, Official Court Reporter
							4120

	1	Detective, you are probably an old hand at investigating
	2	murder cases, aren't you?
	3			A.	What do you mean an old hand at it?
	4			Q.	Well, I mean, this wasn't your first
	5	one, was it?
	6			A.	No, sir, it was not.
	7			Q.	How many had you investigated before?
	8			A.	I have been on over 50 death
	9	investigation scenes.
10			Q.	Okay.  Well, that wasn't my question.
11	I was talking about murder scenes?
12			A.	I have been on 5 or 6 or 7 murder
13	scenes.
14			Q.	You have been on some here lately,
15	have you?
16			A.	I have worked on -- I investigated one
17	just prior to this one.
18			Q.	Okay.  How many have you done for
19	Rowlett?
20			A.	That I have actually investigated, or
21	personally been involved in, is 5 or 6.
22			Q.	Okay.  Counting this?
23			A.	Yes, sir.
24			Q.	Are you counting this as one, or are
25	you counting this as three or two?
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						4121

	1			A.	I am just counting this as one.
	2			Q.	Okay.  So, how long have you been a
	3	police officer?
	4			A.	For 17 and a half years.
	5			Q.	Okay.  So you -- that would be one
	6	every, what, 3 years, approximately?
	7			A.	No, sir.
	8			Q.	Okay.
	9			A.	That I have actually been involved in?
10			Q.	Well, you said 5 or 6?
11			A.	Well, that is only since I have been a
12	detective.
13			Q.	Okay.  How long have you been a
14	detective?
15			A.	Eight years.
16			Q.	Okay.  So that is one every year and a
17	half?
18			A.	Approximately, yeah.
19			Q.	Okay.  You have been through enough of
20	them where you can tell if something has been dusted for
21	fingerprints, can't you?
22			A.	Yes, sir.
23			Q.	And how do you tell?
24			A.	By the powder.
25			Q.	Okay.  Had this crime scene been
			Sandra M. Halsey, CSR, Official Court Reporter
							4122

	1	dusted for fingerprints?
	2			A.	I didn't look.
	3			Q.	Well, I mean, you can't help -- you
	4	can't miss it if they have dusted it for fingerprints,
	5	can you?
	6			A.	Well, I wasn't -- all we did at that
	7	particular time, was just walking through the crime
	8	scene.  I wasn't watching what other people were doing.
	9			Q.	All right.  Now, when you got out to
10	the garage to the window, you looked at that, didn't you?
11			A.	Yes, sir.
12			Q.	Okay.  Did you see any fingerprint
13	polish -- powder on that?
14			A.	Not that I recall.
15			Q.	Okay.  So you are telling the jury
16	that that had not been printed prior to --
17			A.	No, sir, I'm not telling them that.
18			Q.	You are just telling them --
19			A.	I'm just saying that I don't recall
20	that.
21			Q.	Well, and you didn't take any notes?
22			A.	No, sir.
23			Q.	Okay.  Did you notice how close the
24	screen was to the actual window itself?
25			A.	The screen was attached to the window.
			Sandra M. Halsey, CSR, Official Court Reporter
						4123

	1			Q.	Okay.  Did you notice how close the
	2	screen was to the actual windowpane?
	3			A.	No, sir.
	4			Q.	Okay.  Would it be fair to say that it
	5	was very close?  Less than an inch?
	6			A.	I couldn't tell you.
	7			Q.	Okay.  That just didn't seem important
	8	at the time?
	9			A.	Well, I'm not saying it's not
10	important, but I didn't sit there and take measurements
11	on how far the distance between the screen and the
12	window.
13			Q.	Well, you could just eyeball it
14	though, couldn't you?
15			A.	Well, I could have, but, you know, I
16	didn't do it that way.
17			Q.	All right.  So you don't have any idea
18	how far the window was from the screen?
19			A.	Well, I would say that it was pretty
20	close.  It's attached to the window.
21			Q.	Okay.  So that would limit it some,
22	wouldn't it?
23			A.	Yes, sir.
24			Q.	And if they were right together, don't
25	you reckon that probably the screen or the window is
			Sandra M. Halsey, CSR, Official Court Reporter
							4124

	1	close enough to the screen as possible, just far enough
	2	away, so that the screen doesn't interfere with the
	3	window as the window was raised up and down?
	4			A.	Yes, sir.
	5			Q.	Okay.  The screen is on the outside
	6	and the window is on the inside, isn't it?
	7			A.	The window is on the inside and the
	8	screen on the outside, yes, sir.
	9			Q.	That makes sense, doesn't it?
10			A.	Yes, sir.
11			Q.	Okay.  And it makes sense that it's
12	close, the purpose being, that you want to leave room for
13	the window to go up and down, so that the screen doesn't
14	interfere with it.  But you want it as close as possible?
15			A.	Yes, sir.
16			Q.	That makes sense, doesn't it?
17			A.	Yes, sir, that makes sense.
18			Q.	Okay.  And if it would work that way,
19	you would probably have -- it probably -- that probably
20	would have seemed unusual to you, and you probably would
21	have remembered that?
22			A.	If it wasn't which way?
23			Q.	If it wasn't like we discussed, it
24	probably would have looked unusual, and that would have
25	attracted your attention, and you would have, perhaps
			Sandra M. Halsey, CSR, Official Court Reporter
						4125

	1	reserved that in the halls of your memory?
	2			A.	I'm not sure what you are getting at.
	3			Q.	I'm not trying to trick you, I'm just
	4	trying to figure out what you saw.  You didn't take any
	5	notes, did you?
	6			A.	No, sir.
	7			Q.	All right.  At any rate --
	8
	9				THE COURT:  I think we have
10	established that the gentleman did not take any notes.
11				MR. DOUGLAS D. MULDER:  Well, Judge, I
12	keep thinking that he may whip out that whip-out book at
13	any time.
14				THE COURT:  I see.  Well, let's just
15	move on to the next question.
16				MR. DOUGLAS D. MULDER:  All right.
17
18	BY MR. DOUGLAS D. MULDER:
19			Q.	At any rate, did you look at the
20	outside of the window?
21			A.	Yes, sir.
22			Q.	Okay.  And did you see some mulch
23	there?
24			A.	Out in the back yard?
25			Q.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4126

	1			A.	Yes, sir.
	2			Q.	All right.  And did that appear to be
	3	disturbed or undisturbed?
	4			A.	It didn't appear to be disturbed to
	5	me.
	6			Q.	Okay.  How does it look when it's
	7	disturbed versus when it's undisturbed?
	8			A.	What I'm going to have to go on, is
	9	what James Cron, another person that was there, along
10	with David Nabors told me about that.
11			Q.	Okay.  So you are telling me that you
12	can't look at mulch yourself, and determine whether it's
13	been disturbed or undisturbed?
14			A.	I think from the time that I got out
15	there and looked at that, that you are talking about the
16	difference between several hours, and, you know, it may
17	be a little bit different from what I saw.
18			Q.	Well, I mean, mulch is mulch, isn't
19	it?
20			A.	It is, but I think that you are going
21	have to -- it's going to be different when it's
22	somewhat -- from the time that the crime scene unit gets
23	there, and they start looking at this, versus me looking
24	at it, several hours after that.
25			Q.	Okay.  It's fair to say that you
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	didn't see anything unusual about it shortly after 8:00
	2	or shortly after 9:00 or whatever time you got out there?
	3			A.	I can't tell you that it -- you know,
	4	whether it was disturbed or not.
	5			Q.	Okay.  There was nothing -- was there
	6	anything about it that attracted your attention to it?
	7			A.	I can't tell you that it -- not to me,
	8	no.
	9			Q.	All right.  Did you, in the light of
10	day then, did you examine that gate?
11			A.	Yes, sir.
12			Q.	And what did you observe about the
13	gate?
14			A.	I didn't see that -- well, I have to
15	go on what the crime scene officer tells me, because that
16	is part of his notes, and that is part of what he is
17	going to tell me.
18			Q.	Well, I understand that, but I'm just
19	talking about what you personally saw.  Did you see
20	anything unusual about it?
21			A.	I didn't see any blood on the gate.
22			Q.	Okay.  That would have been unusual?
23			A.	Yes, sir.
24			Q.	Okay.  You didn't see any blood.
25	Anything else?
			Sandra M. Halsey, CSR, Official Court Reporter
						4128

	1			A.	No, sir.
	2			Q.	Would you have expected to see blood?
	3			A.	If someone had been inside that house
	4	and went out that door I would.
	5			Q.	Okay.  And why is that?
	6			A.	If someone had been in that -- if an
	7	intruder had been in that house, they would have had to
	8	have some blood on them, and there wasn't any evidence in
	9	the garage of blood, or going out the window of blood.
10			Q.	Okay.  You figured that the intruder
11	had to have been injured?
12			A.	I wouldn't say had been injured.
13			Q.	Cut his hands, perhaps?
14			A.	No.
15			Q.	Cut his leg?
16			A.	No.
17			Q.	Cut his face?
18			A.	I don't know.
19			Q.	Well, why would you expect -- where
20	would you expect the blood on the intruder to be?
21			A.	On his feet.
22			Q.	Okay.  Police officers walked
23	throughout that house from the den area through the
24	kitchen, you didn't see any tracks from the police
25	officers, did you?
			Sandra M. Halsey, CSR, Official Court Reporter
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	1			A.	No, sir.
	2			Q.	Okay.
	3			A.	It's my understanding that they were
	4	careful enough that they didn't step in any blood.
	5			Q.	Okay.  Would you expect to find blood
	6	on his hands?
	7			A.	I don't know.
	8			Q.	Okay.  Well, maybe yes and maybe no?
	9			A.	I don't know.
10			Q.	Okay.  How long were you there at the
11	scene?
12			A.	That morning?
13			Q.	Yes, sir.
14			A.	I don't recall.
15			Q.	And you didn't make any notes while
16	you were there, however long you were there?
17			A.	I didn't take any handwritten notes,
18	no.
19			Q.	Okay.  What time did you get off duty
20	or what time did you finally leave?
21			A.	That day?
22			Q.	Yes, sir.
23			A.	It was sometime late in the evening.
24	I don't recall what time I left.
25			Q.	Was it dark?
			Sandra M. Halsey, CSR, Official Court Reporter
							4130

	1			A.	I don't remember it being dark.
	2			Q.	It was sometime before dark?
	3			A.	Yes, sir.
	4			Q.	When you left?
	5			A.	Yes, sir.
	6			Q.	You don't recall going back to Baylor
	7	Hospital?
	8			A.	No, sir.
	9			Q.	Okay.  Did you go to Baylor Hospital
10	the next day?
11			A.	Yes, sir.
12			Q.	Okay.  And about what time did you get
13	there?
14			A.	Sometime late in the afternoon.
15			Q.	Okay.  Just give me your best guess.
16			A.	I don't know, sometime late in the
17	afternoon.
18			Q.	All right.  Before it got dark?
19			A.	I don't remember if it was dark or
20	not.
21			Q.	Okay.  And, can we assume that you
22	continued your usual practice of not taking notes?  Can
23	we assume that you didn't take any notes?
24			A.	I didn't take any notes, no.
25			Q.	All right.  Did you go see Darlie
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	4131

	1	Routier?
	2			A.	Yes, sir.
	3			Q.	All right.  And how long did you spend
	4	with her?
	5			A.	Fifteen minutes.
	6			Q.	Okay.  Did you visit with her?
	7			A.	Just for a few minutes, yes, sir.
	8			Q.	Okay.  Did you ask her what had
	9	happened again out there?
10			A.	No, sir.
11			Q.	Okay.   Who was -- was Frosch with
12	you?
13			A.	Yes, sir.
14			Q.	Okay.  Was anyone with her?
15			A.	There were several people there.
16			Q.	Do you recall who was there?
17			A.	No, sir.
18			Q.	Were they family members, or medical
19	personnel?
20			A.	Well, there was someone sitting at the
21	front door, or sitting in her room door, I believe it was
22	a security officer, but I don't remember who was there.
23			Q.	Okay.  But you remember that people
24	were there?
25			A.	There were other people there, yes.
			Sandra M. Halsey, CSR, Official Court Reporter
							4132

	1			Q.	Okay.  And, are you telling us that
	2	nothing of any import happened at that encounter?
	3			A.	No, sir.
	4			Q.	You are not telling us that?
	5			A.	We didn't talk about what had
	6	happened, no.
	7			Q.	Okay.  Just, "How are you?  How are
	8	you getting along?  How is the food?"
	9			A.	Well, we checked on her well-being,
10	yes.
11			Q.	Okay.  But nothing about the case?
12			A.	No.
13			Q.	Okay.  And, you say that encounter
14	took about 10 or 15 minutes?
15			A.	Yes, sir.
16			Q.	Something like that?
17			A.	Yes, sir.
18			Q.	Okay.  And Frosch was with you?
19			A.	Yes, sir, he was.
20			Q.	Did he take any notes?
21			A.	No, sir.
22			Q.	Okay.  You are sure about that?
23			A.	No, I'm not sure.  You would have to
24	ask Frosch about that.
25			Q.	Okay.  Well --
			Sandra M. Halsey, CSR, Official Court Reporter
							4133

	1			A.	I don't remember, I don't know.
	2			Q.	Okay.  Well, first you said no, and
	3	then I said are you sure about that, and then --
	4			A.	Well, I don't know if he took any
	5	notes or not.
	6			Q.	Okay.  But you know you didn't?
	7			A.	I know I did not.
	8			Q.	Okay.  And you left after that?
	9			A.	Yes, sir.
10			Q.	When is the next time you saw Darlie
11	Routier?
12			A.	January -- I mean, June the 8th, 1996.
13			Q.	That would be the next day?
14			A.	Yes, sir.
15			Q.	Okay.  Now the 6th would be on a
16	Thursday, is that right?
17			A.	Yes, sir.
18			Q.	The 7th was Friday?
19			A.	Yes, sir.
20			Q.	And the 8th would be a Saturday?
21			A.	Yes, sir.
22			Q.	Okay.  About what time did you see
23	her, and where did you see her?
24			A.	At the police station.  And I believe
25	it was -- I would have to look at my notes, but I believe
			Sandra M. Halsey, CSR, Official Court Reporter
							4134

	1	it was after 4:00 o'clock.
	2			Q.	Okay.  So the first time you saw her
	3	on the 8th, which is Saturday, is going to be at the
	4	police station?
	5			A.	Yes, sir.
	6			Q.	Okay.  And, how did she come in there,
	7	do you know?
	8			A.	What do you mean how did she come in
	9	there?
10			Q.	How did she arrive?  Was it by car?
11			A.	By two of our detectives.
12			Q.	All right.  Who had picked her up?
13			A.	Detective James Latham and Keith
14	Needham.
15			Q.	Okay.  And where had they picked her
16	up, do you know?
17			A.	At Baylor Hospital.
18			Q.	Okay.  And then they brought her to
19	your -- to the Rowlett Police Department?
20			A.	Yes, sir.
21			Q.	Okay.  And was that at your
22	instruction?
23			A.	I had asked if they would come in and
24	talk to us, yes, Darlie and Darin Routier.
25			Q.	Okay.  And did they cooperate with
			Sandra M. Halsey, CSR, Official Court Reporter
							4135

	1	you?
	2			A.	Yes, sir, they did.
	3			Q.	All right.  And, did you visit with
	4	them?
	5			A.	Yes, sir.
	6			Q.	Okay.  And as best you recall they got
	7	there around 4:00 o'clock?
	8			A.	Yes, sir.
	9			Q.	Again, no notes were made of this?
10			A.	I have a -- I would know the exact
11	time, when I look at what I had read her.  I read her the
12	Miranda rights, and it has the time on it.
13			Q.	Okay.  As a matter of fact, the
14	Miranda rights, that is what you read someone before you
15	take a statement from them frequently, isn't it?
16			A.	Yes, sir.
17			Q.	Okay.  And, you read that to her?
18			A.	Yes, sir.
19			Q.	And that basically says that, you have
20	a right to remain silent.  You have the right to counsel.
21	You can have a lawyer here.  You can answer questions.
22	You can refuse to answer questions.  You can, basically
23	not cooperate with us if you don't want to.  Basically
24	that is what it is?
25			A.	Well, that is kind of what it says,
Sandra M. Halsey, CSR, Official Court Reporter 
	4136

	1	yes.
	2			Q.	Okay.  But it starts out, it says "You
	3	have a right to remain silent."  It says, "Anything you
	4	say can and may be used against you in a court of law."
	5	Doesn't it?
	6			A.	Well, I don't know if it starts off
	7	that way.  I would have to read the one that I read to
	8	her.
	9			Q.	Okay.  How long you been doing this?
10			A.	For 17 and a half years.
11			Q.	Okay.  All right.  At any rate, did
12	she give you a statement?
13			A.	She gave us a voluntary written
14	statement, yes, sir.
15			Q.	Okay.  And you asked her to, didn't
16	you?
17			A.	I asked her if she wanted to.
18			Q.	And she cooperated with you, didn't
19	she?
20			A.	And she did, yes.
21			Q.	How about Darin, was he cooperative?
22			A.	Yes, sir.
23			Q.	Okay.  And by that I mean, did he go
24	so far as to give you the keys to his house?
25			A.	No.
Sandra M. Halsey, CSR, Official Court Reporter 
	4137

	1			Q.	Did he give you the keys to his
	2	business?
	3			A.	I don't know about that.
	4			Q.	Did he give you the keys to his boat?
	5			A.	I don't know about that.
	6			Q.	Well, I mean what does that mean?
	7	Does that mean he may have?
	8			A.	Well, someone --
	9			Q.	Well, does that mean he may have?
10			A.	Well, someone else was doing that, and
11	I don't know if he did or didn't.
12			Q.	Okay.
13			A.	I don't know if he let them in, or if
14	he gave the keys to them.  Someone else went over there
15	and done that.
16			Q.	All right.  Would you recognize her
17	statement?
18			A.	Yes, sir.
19
20				MR. DOUGLAS D. MULDER:  Let me get
21	this marked.
22
23				(Whereupon, the following
24				 mentioned item was
25				 marked for
			Sandra M. Halsey, CSR, Official Court Reporter
						4138

	1					identification only as
	2					Defendant's Exhibit No. 76,
	3					after which time the
	4					proceedings were
	5					resumed on the record
	6					in open court, as
	7					follows:)
	8
	9	BY MR. DOUGLAS D. MULDER:
10			Q.	Let me show you what's been marked for
11	identification and record purposes as Defendant's Exhibit
12	No. 76, and it appears to be a handwritten statement of
13	1, 2, 3, 4, 5, 6, 7, 8, 9, 10 pages.  Is that her
14	statement?
15			A.	Yes, sir.
16			Q.	Okay.  And you remember that statement
17	being given to you?
18			A.	Yes, sir.
19			Q.	Okay.
20
21				MR. DOUGLAS D. MULDER:  We will offer
22	into evidence what has been marked and identified as
23	Defendant's Exhibit No. 76, which is her statement.
24				MR. GREG DAVIS:  No objection.
25				MR. DOUGLAS D. MULDER:  Do y'all mind
			Sandra M. Halsey, CSR, Official Court Reporter
							4139

	1	if I just --
	2			THE COURT:  Excuse me, Defendant's
	3	Exhibit 76 is admitted.
	4
	5			(Whereupon, the above
	6				mentioned item was
	7				received in evidence as
	8				Defendant's Exhibit No. 76
	9				for all purposes,
10				after which time,
11				the proceedings were
12				resumed on the record,
13				as follows:)
14
15			MR. DOUGLAS D. MULDER:  Do you all
16	mind if I take this out or do you --
17			MR. GREG DAVIS:  Well, I tell you
18	what, I have got the original.  It's been marked as
19	State's Exhibit --
20			THE COURT:  Can we substitute that?
21			MR. DOUGLAS D. MULDER:  Excuse me,
22	Judge, this is Defendant's Exhibit No. 76-A.
23
24			(Whereupon, the following
25				mentioned item was
Sandra M. Halsey, CSR, Official Court Reporter 
	4140

	1			marked for
	2			identification only as
	3			Defendant's Exhibit No. 76-A
	4			after which time the
	5			proceedings were
	6			resumed on the record
	7			in open court, as
	8			follows:)
	9
10		              MR. GREG DAVIS:  Yes, sir, that will
11	be fine.  It already has State's Exhibit No. 32 on it.
12	But, I'll tell you what, if you don't mind, let me just
13	offer State's Exhibit 32 as being the original of
14	Defendant's Exhibit No. 76.
15
16		              (Whereupon, the following
17			mentioned item was
18			marked for
19			identification only
20			as State's Exhibit 32,
21			after which time the
22			proceedings were
23			resumed on the record
24			in open court, as
25			follows:)
			Sandra M. Halsey, CSR, Official Court Reporter
					4141

	1
	2			MR. DOUGLAS D. MULDER:  Well, inasmuch
	3	as this is my case and I am the one offering the
	4	evidence, if you don't mind, I'll just mark it myself.
	5			MR. GREG DAVIS:  Whatever you like.
	6			THE COURT:  Gentlemen.
	7			MR. DOUGLAS D. MULDER:  Well, Judge, I
	8	just want it clear, who is offering the statement.
	9			THE COURT:  Gentlemen.  Oh, we
10	understand that you are offering the statement.  Let's
11	just get it numbered, and marked and offered and let's
12	move on.
13			MR. DOUGLAS D. MULDER:  Judge, I'm
14	peddling as fast as I can.  If you will --
15			THE COURT:  And we appreciate the
16	effort.  All right.  This is going to be Defendant's
17	Exhibit 76-A; is that correct, Mr. Mulder?
18			MR. DOUGLAS D. MULDER:  Yes, sir,
19	that's correct.
20			THE COURT:  All right.  No objection I
21	assume, Mr. Davis?
22			MR. GREG DAVIS:  No objection.
23			THE COURT:  All right.  Defendant's
24	Exhibit 76-A is admitted.
25
			Sandra M. Halsey, CSR, Official Court Reporter
							4142

	1			(Whereupon, the above
	2				mentioned item was
	3				received in evidence as
	4				Defendant's Exhibit No. 76-A,
	5				and as State's Exhibit No. 32,
	6				for all purposes
	7				after which time,
	8				the proceedings were
	9				resumed on the record,
10				as follows:)
11
12			MR. DOUGLAS D. MULDER:  Is this in
13	order?
14			MR. GREG DAVIS:  Yes, sir, it should
15	be.
16			MR. DOUGLAS D. MULDER:  Well, let me
17	just put a staple in there, is that agreeable with
18	everybody?
19			MR. GREG DAVIS:  Yes, that is fine.
20			MR. DOUGLAS D. MULDER:  Judge, I would
21	like to read this, if I may.
22			THE COURT:  That will be fine.
23			MR. DOUGLAS D. MULDER:  Okay.  I'll
24	read the whole thing.
25			"6-8-96, 4:49 P.M., Darlie Lynn
			Sandra M. Halsey, CSR, Official Court Reporter
							4143

	1	Routier, 5801 Eagle Drive, Rowlett, Texas, 75088.  Time:
	2	4:49 P.M.  Place:  4401 Rowlett Road, Rowlett Police
	3	Department.  Officer:  Detective J. Patterson, number
	4	1004, City of Rowlett, Texas.  County of Dallas, State of
	5	Texas.
	6		              "Police officer, Detective J.
	7	Patterson, the person to whom I make this written
	8	statement, has warned me:  1.  That I have the right to
	9	have a lawyer present to advise me prior to and during
10	any questioning.  2.  If I am unable to employ a lawyer,
11	I have the right to have a lawyer appointed to me, to
12	advise me prior to and during any questioning.  3.  I
13	have the right to remain silent and not make any
14	statement at all, and that any statement that I make, may
15	be used in evidence against me at my trial.  4.  I have
16	the right to terminate the interview at any time.  5.
17	Any statement that I make may be used against me in
18	court.  I do not want to consult with a lawyer prior to
19	and during the answering of any questions or the making
20	of this statement.  I fully understand, and do hereby
21	knowingly, intelligently, and voluntarily waive the above
22	explained rights, and I do make this following voluntary
23	statement to the aforementioned person, of my own free
24	will, and without any promises or offers of leniency or
25	favors, and through no fear, coercion, or threat of
			Sandra M. Halsey, CSR, Official Court Reporter
				4144

	1	physical harm, by any person whomsoever.
	2			"I am 26 years of age.  Have completed
	3	12 years of formal education.  And can" -- is
	4	underlined -- "read, write and understand the English
	5	language."
	6			You have can and cannot there, and I
	7	guess you underline one?
	8		        A.	I asked her if she can, and she said
	9	she could.
10		        Q.	All right.
11			"Darin and my sister Dana came home
12	from working at the shop.  The boys were playing with the
13	neighborhood kids outside.  I was finishing up dinner.
14	Damon came home and Devon called, and I told him to be
15	home soon, because we were going to eat.
16			"Darin played with the baby Drake with
17	Dana a while, and I had pulled everything together to
18	eat.  Devon came home, and we all ate dinner together.
19	After we ate, we cleaned all the plates.  I was changing
20	Drake, while Darin put everything in some containers, for
21	leftovers.  We all talked a little about how happy we
22	were that the shop had been so busy for the past three
23	weeks, and that we hoped it would continue, since work
24	had been slow for a couple of months.  Devon and Damon
25	asked if they could play with one of their friends a
Sandra M. Halsey, CSR, Official Court Reporter 
	4145

	1	little while longer, and so we said okay.
	2			"Darin, Dana and I just sat around and
	3	watched a little TV.  Later, and I'm not sure of the
	4	exact time, I asked Darin to drive Dana, my sister, home
	5	because I wasn't feeling too well.  While Darin was gone,
	6	the boys brought down their blankets and pillows and
	7	asked if they could watch TV.  I said, 'Yes.'  They came
	8	downstairs and played on the floor in front of the TV
	9	with Drake while I made some popcorn.
10			"About 20 or 25 minutes later, Darin
11	came in, and sat down with us while we watched TV.  Drake
12	started to get fussy, so I made him a bottle, and I
13	believe Darin fed him the bottle.  Soon after the boys
14	both fell asleep, Darin took the baby upstairs, and put
15	him in his crib and came back downstairs.
16			"We talked a while about a few
17	problems we were having with the car, and the boat, and
18	had a few words between us.  Since I had the baby, I had
19	been having some depression.  I told Darin that I was
20	depressed because I had not been able to take the boys
21	anywhere because we only had one car.
22			"He told me that he loved me, and
23	asked me if I wanted him to sleep downstairs with me
24	because I wanted to stay up a while and watch TV.  I told
25	him no, because I didn't think that he would be able to
			Sandra M. Halsey, CSR, Official Court Reporter
					4146

	1	sleep on the couch and get any sleep.  I had been
	2	sleeping on the couch the past week or so, off and on,
	3	because the baby slept in our room in the crib, and when
	4	he moved, he woke me up.
	5		              "Darin and I laid together for a
	6	little while, and then decided to go to sleep because he
	7	had work the next day.  This was around 12:30 or 1:00,
	8	I'm not sure.  He kissed me and said he loved me, and I
	9	told him I loved him and would see him in the morning.
10		              "After a while, I started to get
11	sleepy.  The next thing, I woke up, and felt a pressure
12	on me.  I felt Damon press on my right shoulder, and
13	heard him cry.  This made me really come awake, and
14	realized there was a man standing down at my feet,
15	walking away from me.  I walked after him, and heard
16	glass breaking.  I got halfway through the kitchen, and
17	turned back around to run and turn on the light.  I ran
18	back towards the utility room, and realized there was a
19	big, white-handled knife lying on the floor.  It was then
20	that I realized that I had blood all over me, and I
21	grabbed the knife, thinking he was in the garage.
22		              "I looked over and saw the door shut
23	to the garage, and so I thought he might still be in
24	there, and I needed to get Darin.  I ran back through the
25	kitchen, and realized that the entire living room area
			Sandra M. Halsey, CSR, Official Court Reporter
				4147

	1	had blood all over everything.  I put the knife on the
	2	counter and ran into the entrance, turned on the light
	3	and started screaming for Darin.  I think I screamed
	4	twice, and he ran out of the bedroom with his jeans on,
	5	and no glasses and was yelling, 'What is it?  What is
	6	it?'
	7		              "I remember saying that he cut them.
	8	'He tried to kill me.  My neck.'  He ran down the stairs
	9	and into the room where the boys were.  I grabbed the
10	phone and called 911.  Darin started giving Devon CPR
11	while I put a towel on my neck, and a towel on Damon's
12	back.  I remember telling Damon to hang on, Mommy was
13	there.  I looked over at Darin, and saw the glass table
14	had been knocked half way off, and the flower arrangement
15	had been knocked over.  I then stood up and turned around
16	and saw glass all over the kitchen floor.
17		              "I tried to glance over to see if
18	anything was out of place, or if anything was missing.  I
19	took a few steps, and opened the door and screamed for
20	Karen.  I was still on the phone with 911.  I don't
21	recall what all was said, because everything was
22	happening so fast.
23		              "I went back to Damon, and by him, he
24	had stopped moving, and the police walked through the
25	door.  The paramedics came and tried to work on the
			Sandra M. Halsey, CSR, Official Court Reporter
				4148

	1	children.  Darin was screaming, 'Who did this?  Who did
	2	this?'  And I started asking if my babies were dead.
	3				"Darin was crying and said yes.  After
	4	that, I just remember screaming, and showing Darin my
	5	neck.  Darin took me out the front of the house, and by
	6	then Darin ran upstairs to make sure the baby was okay.
	7	He showed me Drake was okay, and then handed him to
	8	Karen, our neighbor.  I remember them holding a towel on
	9	my neck.  And, wiping my arm, and then he put me in the
10	ambulance.  Darin got in, but they told him he needed to
11	leave, so they could take me -- so they could take care
12	of me.
13				"I remember get (sic) to the hospital
14	and then them telling me they were taking me to surgery.
15	They took me -- they took off my necklace and put me to
16	sleep.  I woke up, and minutes later, the detectives were
17	there asking me all kind of questions."
18				And she signed it "Darlie Routier."
19			A.	Yes.
20			Q.	And that is her statement as you
21	recall it?
22			A.	Her written statement, yes.
23			Q.	Yes, sir.  Now, in the course of that,
24	Detective Patterson, you had asked her questions, had you
25	not?
			Sandra M. Halsey, CSR, Official Court Reporter
						4149

	1			A.	You mean that there?
	2			Q.	Yes.
	3			A.	While she was writing that?
	4			Q.	Yes, sir.
	5			A.	No, sir.
	6			Q.	Okay.  You had had your conversation
	7	with her ahead of time?
	8			A.	Yes, sir.
	9			Q.	Okay.  And, do you recall in that
10	conversation ahead of time, that you had briefly gone
11	through this entire statement?
12			A.	What do you mean?
13			Q.	Well, do you remember whether or not
14	you questioned her, prior to the time that she sat down
15	and write this out?
16			A.	No, I didn't do that.
17			Q.	What did you do?
18			A.	Well, I mean she wrote that out, and I
19	didn't talk to her about it, while she was writing.  I
20	didn't talk to her while she was writing that out.
21			Q.	Had you talked to her before she wrote
22	this out?
23			A.	Yes.
24			Q.	Okay.  And how long did you talk to
25	her before she wrote this statement out?
			Sandra M. Halsey, CSR, Official Court Reporter
						4150

	1			A.	Just a few minutes.
	2			Q.	Is that 10 or 15 minutes?
	3			A.	I couldn't tell you.
	4			Q.	Okay.  But at any rate, the time that
	5	she began writing this statement was 4:49, or is that
	6	when you read the --
	7			A.	I read the Miranda rights to her, and
	8	then I talked to her.
	9			Q.	Okay.  And again you had told her,
10	Detective Patterson, had you not, that you were following
11	a bunch of leads in this case, hadn't you?
12			A.	Yes, sir.
13			Q.	Okay.  Now, had you made up your mind
14	by that time, that she was your prime suspect?
15			A.	No, sir.
16			Q.	Okay.  What leads were you following
17	at that time, Detective Patterson?
18			A.	The leads as far as what the crime
19	scene was showing.  What her first statement was that
20	she, you know, gave me.  That written statement right
21	there.



22				Plus we had two other detectives that
23	was (sic) taking statements that people were calling in,
24	which we call lead sheets.
25			Q.	Lead sheets, what are lead sheets?
			Sandra M. Halsey, CSR, Official Court Reporter
							4151

	1			A.	Lead sheets is where someone will call
	2	in that they saw some kind of suspicious activity.
	3			Q.	Um-hum.  (Attorney nodding head
	4	affirmatively.)
	5			A.	That they remember something, and
	6	these other two detectives were following up with those
	7	sheets.
	8			Q.	Okay.  Were they following up on this
	9	black car that had been seen out there in the vicinity?
10			A.	Well, yes, sir.
11			Q.	And, who was following up on the black
12	car?
13			A.	Either James Latham or Keith Needham.
14			Q.	Okay.  Had you all received a call
15	that a man who fit the description that you had given of
16	the assailant, had been spotted in the vicinity?
17			A.	No, sir.
18			Q.	Okay.  Do you recall a man by the name
19	of Reggie Salter?
20			A.	Yes, sir.
21			Q.	Well, he called in, didn't he?
22			A.	Yes, sir.
23			Q.	Okay.  And didn't he report seeing a
24	man in a black baseball cap, and in a black shirt, and
25	dark jeans the next morning?
			Sandra M. Halsey, CSR, Official Court Reporter
							4152

	1			A.	He called in the next morning.
	2			Q.	Yes, sir.
	3			A.	Yeah, but that was on the other end of
	4	town.
	5			Q.	Oh, it was on the other end of town?
	6			A.	Yes, sir.
	7			Q.	Well, how big is Rowlett?
	8			A.	Twenty-two or 23 square miles.
	9			Q.	Okay.  How long does it take to drive
10	from one end of town to the other end of town?
11			A.	Right now with the traffic, a long
12	time.
13			Q.	All right.  Without traffic, if you
14	are doing it after midnight, you can do it in 4 or 5
15	minutes, can't you?
16			A.	No, it would take you longer than
17	that.
18			Q.	Well, not much?
19			A.	Well, I can't tell you, I didn't time
20	it.
21			Q.	Well, you can drive from Interstate 30
22	to Highway 66 in 5 or 6 minutes, can't you?
23			A.	I don't know.
24			Q.	Well, you can do it in less than 10,
25	can't you?
			Sandra M. Halsey, CSR, Official Court Reporter
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	1			A.	I don't know.
	2			Q.	You don't know about that either?
	3			A.	No, sir.
	4			Q.	Okay.  Now, Detective Patterson, in
	5	the course of your investigation, you found out that
	6	Darin had worked on the gate that evening, didn't you?
	7	The evening before?
	8			A.	The day before?
	9			Q.	That evening before.  The evening of
10	the 5th of June?
11			A.	Well, I remember the day before, and I
12	don't know if that puts it on the 4th or the 5th.
13			Q.	Okay.  But you did verify that he had,
14	in fact, worked on the gate, a short time before this
15	happened, didn't you?
16			A.	How did we verify it?
17			Q.	Well, you are the -- all of the
18	information, remember, is funneled through you?
19			A.	Yes.
20			Q.	Not through me, but through you?
21			A.	Well, I mean --
22			Q.	Well, you talked to the neighbor
23	behind you (sic), and the neighbor behind said they saw
24	him working on it.
25			A.	Well, I didn't talk to the neighbor
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	behind.
	2			Q.	I know it, but there is a report to
	3	that effect, isn't there?
	4			A.	Well, I know that the gate looked like
	5	it had been worked on.
	6			Q.	Well, did you talk -- did somebody
	7	talk to the neighbor behind?
	8			A.	No, not that I know of.  I don't know.
	9			Q.	Okay.  Well, have you read your
10	report?
11			A.	No, I don't remember seeing that
12	report.
13			Q.	Have you read your file?
14			A.	Have I?  Yes, sir.
15			Q.	When did you last read it?
16			A.	I just read bits and pieces of it just
17	the last few weeks.  I have not read the whole thing in
18	several, several months.
19			Q.	Okay.  At one time I assume you read
20	it.  I mean, that is the purpose of getting these
21	reports, is to assimilate it all, isn't it?
22			A.	Yes, sir.
23			Q.	Okay.  I mean you are the guy who is
24	supposed to be --
25			A.	There is no way I can remember it all.
			Sandra M. Halsey, CSR, Official Court Reporter
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	1			Q.	Well, you don't have to remember it
	2	all, but you can -- you are telling me you don't have
	3	anything in your file about that?
	4			A.	No, sir.
	5			Q.	Okay.  When you walked through the
	6	residence there, you got into the kitchen, didn't you,
	7	Detective Patterson?
	8			A.	Yes, sir.
	9			Q.	Did you see the broken glass on the
10	kitchen floor?
11			A.	Yes, sir.
12			Q.	Okay.  And was Officer Mayne with you?
13			A.	No, sir.
14			Q.	Did you talk to Officer Mayne out at
15	the scene?
16			A.	No, I talked to Nabors and James Cron.
17			Q.	Okay.  Were you careful not to step in
18	any of the glass?
19			A.	I didn't step in any of the glass.
20			Q.	Okay.   Did you check your shoes after
21	you got back out of the house to see if there was glass
22	in the soles of your shoes?
23			A.	What I did was, is that I didn't go
24	through the part where the glass was laying.
25			Q.	Okay.  So you didn't come up on the
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	wine rack then, did you?
	2			A.	I saw the wine rack.
	3			Q.	But you didn't get close enough to
	4	inspect it?
	5			A.	I could see it from where I was.
	6			Q.	How far were you from the wine rack?
	7			A.	A few feet.
	8			Q.	Okay.  But, not close enough to step
	9	on any glass?
10			A.	No, sir.
11			Q.	Okay.  When you got out of the house,
12	did you look at the bottoms of your shoes?
13			A.	No, sir, I did not.
14			Q.	You didn't?
15			A.	No, sir.
16			Q.	It might have been a good practice to
17	see if you had, in fact, stepped in any glass?
18			A.	I didn't step in any glass.
19			Q.	Well, how do you know until you look
20	at the bottom --
21			A.	I didn't step anywhere around where
22	that glass was on that linoleum floor.
23			Q.	Well, I know that, Detective, but, did
24	it ever cross your mind that maybe somebody else had
25	tracked glass in, and in stepping on the carpet you would
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	have stepped on that glass and tracked it around?
	2			A.	Well, I didn't check my soles, but I
	3	didn't step in any glass.
	4			Q.	You have seen police officers at the
	5	scene of an offense before, haven't you?
	6			A.	Yes, sir.
	7			Q.	Everybody wants to touch the gun,
	8	don't they?
	9			A.	No.
10			Q.	They don't?  They don't want to touch
11	the weapons?
12			A.	No, sir.
13			Q.	They all stand back, and, in fact,
14	it's probably not even necessary to put people at the
15	door, and put tape around to keep the officers out, is
16	it?
17			A.	Well, you know, with our department,
18	we don't have to worry too much about those officers
19	doing that, because they are pretty well trained and they
20	know exactly what to do.  That tape is to keep, you know,
21	bystanders out.
22			Q.	Okay.
23			A.	It's to keep other people out.
24			Q.	Okay.  Did you determine that there
25	was, in fact, a security light out in the back yard?
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	1			A.	I was told there was.
	2			Q.	Well, did you ever go out there?
	3			A.	I saw the security light.
	4			Q.	Okay.  So you were not only told it,
	5	but you saw it?
	6			A.	Yes.
	7			Q.	Okay.  And, did you know where you had
	8	to go in the back yard to activate that light?
	9			A.	No.
10			Q.	Okay.  Well, I mean, a light just
11	comes on when you go in the back yard?
12			A.	I didn't check that.  David Nabors
13	checked that.
14			Q.	Okay.  And did he -- he conducted some
15	experiments out there, didn't he?
16			A.	I believe he did, but you will have to
17	ask him.  I don't know, I wasn't there.
18			Q.	Well, he filled out a report, didn't
19	he?
20			A.	Yes, sir.
21			Q.	Did you read the report?
22			A.	No, sir.
23			Q.	Well now, wait a minute now.  You are
24	the chief detective and these reports --
25			A.	His report says that the light stays
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	on for somewhere around 18 minutes.
	2			Q.	Is that all it says?
	3			A.	Well, there's more pages to it than
	4	that.
	5			Q.	Okay.  Well, did you read his report
	6	or not?
	7			A.	Yes, sir, I did.
	8			Q.	Okay.  Well, you told the jury that
	9	you didn't?
10			A.	Well, I know, but I did.
11			Q.	You did?
12			A.	Yes, sir.
13			Q.	Okay.  Well, I mean, any reason you
14	would tell them that you didn't read it?
15			A.	No, it was just my mistake for saying
16	that I didn't.
17			Q.	Okay.  As a matter of fact, in the
18	report he says that --
19
20				MR. GREG DAVIS:  I'm going to object
21	to that as being hearsay.
22				THE COURT:  Sustained.
23				MR. GREG DAVIS:  He can ask David
24	Nabors about it.
25				THE COURT:  Sustained.
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							4160

	1
	2	BY MR. DOUGLAS D. MULDER:
	3			Q.	David Nabors is here, is he?
	4			A.	Yes, sir.
	5			Q.	Okay.  And, you know from your
	6	investigation that you don't have -- that you can walk
	7	from that window to the gate, on the paved, exposed
	8	aggregate there, and not activate the light.  You know
	9	that, don't you?
10			A.	No, I do not know that.
11			Q.	Okay.  Let me ask you, while they are
12	looking for Mr. Nabors' report, let me ask you this:
13	There was a viewing of the body, is that right?  Of the
14	youngster's body?
15			A.	Yes, sir.
16			Q.	Okay.  And after that, there was a
17	funeral the next day?
18			A.	Yes, sir.
19			Q.	Did you attend the funeral?
20			A.	Yes, sir.
21			Q.	Okay.  And then I believe, on the
22	14th, there was a prayer service at the grave side, were
23	you aware of that?
24			A.	Yes, sir.
25			Q.	Okay.  And, did you attend that?
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							4161

	1			A.	No, sir.
	2			Q.	Did you place a microphone by the
	3	grave side for the prayer service, so that you could
	4	record and intercept things that were said at the grave
	5	side?
	6			A.	I did not.
	7			Q.	Who did?
	8			A.	Two other detectives.
	9			Q.	Why did they do that?
10			A.	In case someone went out there and
11	made a confession about what happened.
12			Q.	Did you realize that that was -- was
13	that done with your knowledge?
14			A.	Yes, sir.
15			Q.	Did you know that that is a violation
16	of federal law?  That is a federal felony.
17
18				MR. GREG DAVIS:  I'm going to object
19	to that, that calls for some legal conclusion.
20				THE COURT:  I will sustain the
21	objection.
22				MR. DOUGLAS D. MULDER:  Okay.
23
24	BY MR. DOUGLAS D. MULDER:
25			Q.	But you are telling this jury, that
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	you folks put microphones at the grave side, to monitor
	2	the conversations of the people who had gone there to
	3	pray, and to mourn and grieve at the passing of these two
	4	children?
	5			A.	Yes, sir.
	6			Q.	And recorded all that?
	7			A.	Yes, sir.
	8			Q.	And these were hidden, so that the
	9	people couldn't find them.  I mean, it was designed to be
10	done surreptitiously, was it not?
11			A.	So that they couldn't -- that they
12	didn't see it, that's right.
13			Q.	And you would record those private
14	moments, is that right?
15			A.	Yes, we did.
16			Q.	Did your -- who all knew about this
17	besides you?
18			A.	Detective Frosch.
19			Q.	And who else?
20			A.	The two detectives that set it up.
21			Q.	Okay.  But you were a part of it, it
22	was done, not only with your knowledge but at your
23	insistence, wasn't it?
24			A.	I didn't insist on anyone to do it.
25			Q.	But y'all got together and thought it
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	would be a good idea?
	2			A.	Yes, sir.
	3			Q.	Okay.
	4
	5				MR. DOUGLAS D. MULDER:  Mark this
	6	please.
	7
	8				(Whereupon, the following
	9					mentioned item was
10					marked for
11					identification only as
12					Defendant's Exhibit No. 77,
13					after which time the
14					proceedings were
15					resumed on the record
16					in open court, as
17					follows:)
18
19	BY MR. DOUGLAS D. MULDER:
20			Q.	Let me hand you what has been marked
21	for identification and record purposes as Defendant's
22	Exhibit No. 77.  I'll ask you if that is Sergeant Nabors'
23	report?
24			A.	Yes, sir, it is.
25			Q.	Does that refresh your memory?
			Sandra M. Halsey, CSR, Official Court Reporter
							4164

	1			A.	Well --
	2			Q.	Did the district attorney's office
	3	know that you had surreptitiously planted microphones at
	4	the grave side to monitor those private conversations?
	5			A.	Could you tell me what that word
	6	means?
	7			Q.	Surreptitiously?
	8			A.	Yes, sir.
	9			Q.	Secretly.
10			A.	No, I don't remember, I don't think
11	the D.A.'s office knew about that.
12			Q.	You didn't tell them?  Do you know if
13	that is a violation of state law was well?
14			A.	Not that I remember.
15			Q.	Okay.  Have you reviewed that report?
16			A.	I didn't review the whole page, just
17	what is highlighted.
18			Q.	Okay.  Do you recognize that as having
19	seen it before?
20			A.	Um-hum.  (Witness nodding head
21	affirmatively.)  Yes, sir.
22			Q.	Okay.  You know, based on your
23	investigation, that you could pass on the paved area,
24	from the window to the gate, and not trip or set off the
25	security lights, don't you?
			Sandra M. Halsey, CSR, Official Court Reporter
						4165

	1			A.	Yes, sir.  It says that you can walk
	2	on the paved part from the gate to the window without
	3	triggering the light.
	4			Q.	Okay.  And you didn't have to take
	5	anybody's word for it, I mean, you know from experiments
	6	that were performed out there, weren't there, to your
	7	knowledge?
	8			A.	Yes, sir.
	9			Q.	Okay.  Did you, in the course of your
10	investigation, determine how many fingerprints were
11	lifted out there at the residence?
12			A.	I don't remember any fingerprints
13	being lifted.
14			Q.	Okay.
15			A.	What I remember is the palm print.
16			Q.	Okay.  Finger or palm prints?
17			A.	Yes, sir.
18			Q.	How many lifts were taken, do you
19	know?
20			A.	I don't recall, I don't know.
21			Q.	Okay.  That just didn't seem important
22	to you?
23			A.	Well, that's important to me, but that
24	is also someone else's -- you know, I have to delegate,
25	you know, some of this to other people, because I can't,
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	you know, do it all.  And, I don't remember how many were
	2	taken.
	3			Q.	Okay.
	4			A.	Or lifted.
	5			Q.	Okay.  After you had the -- after
	6	Darlie had written this statement for you, did you
	7	continue to talk to her?
	8			A.	No, sir.
	9			Q.	Okay.  How long did it take her to
10	write this statement?
11			A.	I don't remember.
12			Q.	Well, I mean, can we agree that it
13	didn't take more than probably a half an hour?
14			A.	Well, no, I don't remember.
15			Q.	Well, can we agree that it didn't take
16	more than an hour?
17			A.	I don't remember.
18			Q.	Okay.
19			A.	It took her longer than 30 minutes.
20			Q.	Okay.  Did it take her more than an
21	hour?
22			A.	I don't remember.
23			Q.	Okay.  But you are saying that you
24	were just sitting there, and were not asking any
25	questions?
			Sandra M. Halsey, CSR, Official Court Reporter
							4167

	1			A.	I was not sitting there the whole
	2	time.
	3			Q.	Oh, you just left her there in the
	4	room?
	5			A.	I left her in the room during part of
	6	it.  And I check on her to see if she was completed with
	7	it or not.
	8			Q.	Okay.  When she finished it, did y'all
	9	talk further?
10			A.	No, sir.
11			Q.	What did you do?
12			A.	I just read it over, and I asked her
13	if this was everything, and she said yes.
14			Q.	Okay.  Did you read it over out loud?
15			A.	No, sir.
16			Q.	You read it over to yourself?
17			A.	Yes, sir.
18			Q.	Okay.  Did you have any further
19	discussion with her about what had happened out there
20	that evening?
21			A.	On the 8th?
22			Q.	Yes.
23			A.	No.
24			Q.	Okay.  Are you sure about that?
25			A.	I don't recall talking to her any more
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	about it, no.
	2			Q.	Okay.  Have you testified on another
	3	occasion under oath, that we may have discussed, whether
	4	or not she struggled with the man, I'm not sure?
	5			A.	Well, I don't recall that.  I have
	6	testified on other occasions about this, but I don't
	7	remember saying that.
	8			Q.	Would it refresh your memory to see
	9	that?
10			A.	Yes, sir.
11			Q.	And then you might remember that
12	perhaps that was discussed, or you didn't know whether it
13	was discussed or not?
14			A.	Well, I don't remember at this point
15	if it was discussed.
16			Q.	Okay.  Are you saying that it may well
17	have been discussed?
18			A.	I'm saying that I don't remember it.
19			Q.	Okay.
20
21				THE COURT:  Well in the interest of
22	time, we will adjourn now until 1:10 for lunch.
23				Perhaps over the noon hour, both sides
24	can go through all documents and get them in line, and
25	make sure that the witnesses are aware of what is going
			Sandra M. Halsey, CSR, Official Court Reporter
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	1	to be asked.
	2			Members of the jury, the same
	3	instructions as always, do not discuss the case among
	4	yourselves, or with anyone else.  Do no investigation on
	5	your own.  Do not speak to anyone about it.  If someone
	6	tries to speak to you, tell the bailiff who is with you
	7	at the time, and should you hear any publicity, radio, or
	8	TV or newspapers, please ignore it.
	9			Let's see everybody back here at 10
10	minutes after 1:00 o'clock.  Thank you.
11
12			(Whereupon, a short
13				Recess was taken,
14				After which time,
15				The proceedings were
16				Resumed on the record,
17				In the presence and
18				Hearing of the defendant
19				And the jury, as follows:
20
21			THE COURT:  All right.  Everybody is
22	back after lunch.  Are both sides ready to bring the jury
23	in and resume the trial?
24			MR. GREG DAVIS:  Yes, sir, the State
25	is ready.
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	1			MR. DOUGLAS D. MULDER:  Yes, sir, the
	2	defense is ready.
	3			THE COURT:  All right.  Bring the jury
	4	in, please.
	5
	6			(Whereupon, the jury
	7				Was returned to the
	8				Courtroom, and the
	9				Proceedings were
10				Resumed on the record,
11				In open court, in the
12				Presence and hearing
13				Of the defendant,
14				As follows:)
15
16			THE COURT:  All right.  Be seated,
17	please.  Let the record reflect that all parties in the
18	trial are present and the jury is seated.
19			Mr. Mulder.
20			MR. DOUGLAS D. MULDER:  Yes, sir, your
21	Honor.
22
23
24			DIRECT EXAMINATION (Resumed)
25
			Sandra M. Halsey, CSR, Official Court Reporter
							4171

	1	BY MR. DOUGLAS D. MULDER:
	2			Q.	Officer Patterson, I'm going to get
	3	into where we were when we left off in a minute, but just
	4	so that you and I are on the same wave length, do you
	5	understand what the federal law is, as regards to
	6	monitoring private phone conversations?
	7			A.	No, sir.
	8			Q.	Weren't you a narcotics officer?
	9	Didn't you work drugs?
10			A.	Yes, sir.
11			Q.	Well, in that capacity didn't you have
12	occasion to get wire taps?
13			A.	Well, if you're saying that I violated
14	some law, then I'm not going to say anything else about
15	that.
16			Q.	Well, you're going to answer my
17	questions.
18
19				THE COURT:  Well --
20
21	BY MR. DOUGLAS D. MULDER:
22			Q.	Are you going to take the Fifth, is
23	that what you are going to say?
24			A.	If you're saying that I violated some
25	state or federal law, then I'm not going to answer it
			Sandra M. Halsey, CSR, Official Court Reporter
						4172

	1	until I have legal counsel.
	2		        Q.	Well, I suspect you better get legal
	3	counsel then, because I am suggesting to you that that is
	4	exactly what you did.
	5
	6			MR. GREG DAVIS:  Object to him
	7	suggesting anything.  The officer has already stated that
	8	he doesn't know.
	9			THE COURT:  Sustained.
10			MR. DOUGLAS D. MULDER:  Judge, it
11	doesn't make any difference to me whether you warn the
12	man or not.  The Court knows the law, and it's a
13	violation of state and federal law.
14			THE COURT:  Mr. Mulder, I know the law
15	and --
16			MR. DOUGLAS D. MULDER:  This is a
17	federal felony.
18			THE COURT:  Mr. Mulder, please,
19	please.  Officer Patterson is a law enforcement officer
20	and is presumed to know the law in Texas, yes, sir.
21			I have advised him of his rights in
22	this regard.  And you do have a right, under the Fifth
23	Amendment of the Constitution of the United States, not
24	to say anything that might tend to incriminate you in any
25	way.  And you certainly understand all of that, do you
			Sandra M. Halsey, CSR, Official Court Reporter
					4173

	1	not?
	2			THE WITNESS:  Yes, sir.
	3			THE COURT:  So you are an experienced
	4	law enforcement officer, you have warned a lot of other
	5	people of their rights, you know what the Miranda
	6	warnings are, do you not?
	7			THE WITNESS:  I do.
	8			THE COURT:  Well then, if you know
	9	what the Miranda warnings are, then I think that that
10	speaks for itself.  You understand what you can do and
11	what you can't do.  Do you need any further counselling,
12	do you think?  Any explanation of what your rights are
13	under the law?
14			THE WITNESS:  No, sir.
15			THE COURT:  Okay.  Fine.  I think we
16	have covered that.  So ask your questions.  If he wants
17	to answer it, he will, if he does not, then he can invoke
18	the Fifth Amendment.
19			MR. DOUGLAS D. MULDER:  Yes, sir.  Let
20	me just ask you something.
21
22	BY MR. DOUGLAS D. MULDER:
23		        Q.	Do you understand any more about it
24	now than you did before the Judge talked to you?  About
25	what the law is?
			Sandra M. Halsey, CSR, Official Court Reporter
					4174

	1			A.	No one has read me any statute that I
	2	violated a law.
	3			Q.	Okay.  Would you like to have time to
	4	read both the state laws and the federal laws as regards
	5	to the surreptitious collection of conversation such as
	6	you and those other officers that you told us about
	7	before lunch recorded?
	8			A.	I would like to read it, yes.
	9
10				THE COURT:  Well then, in that case,
11	do you have another witness that you can put on the
12	stand?
13				MR. DOUGLAS D. MULDER:  Would the
14	Court let me go on to some other matters and then let him
15	read that during the -- during the --
16				THE COURT:  Proceed.  Let's just don't
17	get into that area.  Go into something else.
18				MR. DOUGLAS D. MULDER:  Yes, sir.
19
20	BY MR. DOUGLAS D. MULDER:
21			Q.	In all fairness to you, don't you
22	think that it is appropriate that anything I ask you
23	about that, or any remarks that you make be recorded?
24			A.	Do I think it's fair?
25			Q.	Yeah, fair to you?
Sandra M. Halsey, CSR, Official Court Reporter 
	4175

	1			A.	Well, I don't understand what you are
	2	saying.
	3			Q.	Well don't you think that any -- I'm
	4	not going to ask you to make any comments about that
	5	until you have had time to get legal counsel and to talk
	6	with your lawyer, about the state law and the federal
	7	law.  But don't you think that in fairness to you, if I
	8	questioned you about that, that our conversations ought
	9	to be recorded?
10			A.	Well, at this time, until I have legal
11	counsel, or until I read that, if I violated something,
12	then I'm not going to answer you.
13			Q.	Well, I guess I'm missing the point.
14	But in fairness to you, so that your jury, if it comes to
15	that on down the line, will know exactly what you said
16	and what admissions you made or didn't make, don't you
17	think in fairness to the prospective defendant, that
18	those conversations should be recorded, so that there is
19	no question about what was said?
20			A.	I don't understand what you are
21	saying.
22			Q.	Well, all right.  Let me put it in
23	another way, and maybe I can make this a little more
24	artful.
25				I guess the bottom line is this:  If I
			Sandra M. Halsey, CSR, Official Court Reporter
						4176

	1	am going to question you about criminal conduct, don't
	2	you think in fairness to the person questioned, and then
	3	I tell you that I'm going to use that, whatever you say
	4	on down the line against you, or I could have, it has
	5	that possibility.  Don't you think in fairness to the
	6	person questioned, that your answers ought to be recorded
	7	so that there is no question about what you said or
	8	didn't say?
	9			A.	I still don't understand what you are
10	saying.
11			Q.	All right.  Let me run at it from
12	another direction.  Suppose you were going to question me
13	about a traffic violation for speeding from here to San
14	Antonio, or something -- well, let's make it something
15	more serious than that.  But you are going to question
16	me.
17				Do you think, in fairness to me,
18	whatever I say, should be recorded, so that on down the
19	line a week from now, or two weeks from now, or a month
20	from now, if you intend to use that against me, that
21	there would be an accurate rendition of what I have said,
22	so that we don't have to rely on your memory?
23			A.	Well, until I get legal counsel about
24	what you are saying, I'm not going to answer you.
25			Q.	Okay.  You don't even have the answer,
			Sandra M. Halsey, CSR, Official Court Reporter
						4177

	1	do you?  But you were a narcotics officer, weren't you?
	2			A.	Yes, sir.
	3			Q.	And in that capacity, did you record
	4	conversations?
	5			A.	I did.
	6			Q.	Okay.  You ought to be familiar with
	7	the law?
	8			A.	Well --
	9
10				MR. GREG DAVIS:  I'm sorry, excuse me,
11	I thought we were done with this until we had a break.
12				THE COURT:  Mr. Mulder, let's move on
13	to some other area, other than what this is.
14				MR. DOUGLAS D. MULDER:  Yes, sir.
15				THE COURT:  And then we can get back
16	on this after we take a break.
17				MR. DOUGLAS D. MULDER:  Yes, sir, I
18	understand.
19
20	BY MR. DOUGLAS D. MULDER:
21			Q.	I had asked you if you questioned her,
22	prior to the time that she made this written statement.
23	Do you recall that?
24			A.	Yes, sir.
25			Q.	And what was your answer, Mr.
			Sandra M. Halsey, CSR, Official Court Reporter
						4178

	1	Patterson?
	2			A.	That we talked a few minutes.
	3			Q.	And what did you talk about, Mr.
	4	Patterson?
	5			A.	I don't recall.
	6			Q.	Do you recall when you testified under
	7	oath, on August the 26th and 27th of 1996, do you recall
	8	that?
	9			A.	I remember testifying, but I don't
10	remember the dates.
11			Q.	Do you remember being under oath at
12	that time?
13			A.	Yes, sir.
14			Q.	You swore to tell the truth?
15			A.	Yes, sir.
16			Q.	Do you recall being asked:  "Did you
17	ask her questions as she was writing, or did she just
18	write it out in long hand?"
19				Do you recall answering, "Well, we had
20	talked a little bit right before, prior to that.  And
21	then she wrote it out."
22				"What did y'all talk about?"
23				"The same thing.  I just asked her
24	what happened."
25				Is that right?
			Sandra M. Halsey, CSR, Official Court Reporter
						4179

	1			A.	Can I look at that?
	2			Q.	You bet.
	3			A.	Okay.
	4			Q.	Do you recall being asked those
	5	questions and making those answers?
	6			A.	Yes, sir.
	7			Q.	Okay.  So you did talk with her about
	8	what had happened before she wrote it out in long hand?
	9			A.	Just a few minutes, yes, sir.
10			Q.	And, at that time, you asked her to
11	write it out in long hand then, after you had quizzed her
12	about it?
13			A.	I asked her if she would, yes, sir.
14			Q.	Again, nothing recorded, no notes by
15	Patterson?
16			A.	No, sir.
17			Q.	All right.  And I asked you, if in
18	that conversation she had told you that she had struggled
19	with a man; is that right?
20			A.	That -- do what now?
21			Q.	Did she tell you in this conversation
22	that you had, before she wrote her statement out, that
23	she had struggled with the man?
24			A.	She had told me that on the 6th.
25			Q.	Did she tell you that on the 8th?
Sandra M. Halsey, CSR, Official Court Reporter 
	4180

	1			A.	I don't remember her telling me that
	2	on the 8th.
	3			Q.	You aren't saying that she didn't tell
	4	you that, are you?
	5			A.	I don't recall her telling me that on
	6	the 8th.
	7			Q.	All right.  Well, that doesn't -- do
	8	you recall being asked this question:  "Detective
	9	Patterson, the first time you spoke with her, she told
10	you about a struggle on June the 8th.  Did she say
11	anything to you about a struggle occurring between her
12	and the intruder?"
13				Answer:  "Not in the report, she
14	doesn't."
15				And by that, you meant not in her
16	handwritten version, I take it?
17			A.	Okay.
18			Q.	She didn't write a report, but I take
19	it that you are talking about what she wrote down; is
20	that right?
21			A.	Right.
22			Q.	Okay.  "Did she, in that conversation
23	with you on June the 8th -- did she, in conversations
24	with you on June 8th?"
25				"I honestly don't remember if she did
			Sandra M. Halsey, CSR, Official Court Reporter
						4181

	1	or not."
	2				Is that what you said?
	3			A.	Can I read that?
	4			Q.	You bet.
	5			A.	Okay.
	6			Q.	Did you make that answer?  Under oath?
	7			A.	Well, it says that I did, yes, sir.
	8			Q.	Well, I mean, do you have any
	9	recollection or not?
10			A.	Well, it says that I said that.
11			Q.	Well, that is not what I asked you.
12	Does that refresh your memory, or are you still telling
13	the jury that you don't know, one way or the other?
14			A.	Well, I mean, that is the statement
15	that I made on June the 8th.
16			Q.	Well, you now remember that?
17			A.	Well, after reading it, yes.
18			Q.	Okay.  All right.  Is that the -- are
19	you telling this jury now, that you don't know whether
20	she discussed that with you or not?
21			A.	Well, that says that I don't remember
22	if she said anything about a struggle, but in her written
23	statement, she didn't say that she struggled with him.
24			Q.	All right.  That was going to be my
25	next question.  After you read her statement, did you
			Sandra M. Halsey, CSR, Official Court Reporter
						4182

	1	discuss it with her?
	2			A.	No, sir.
	3			Q.	You didn't discuss it with her?
	4			A.	No, sir.
	5			Q.	Why is that?
	6			A.	Well, I didn't feel that I needed to.
	7			Q.	Why not?
	8			A.	I just didn't.
	9			Q.	Well, apparently you said in the
10	conversation on the 6th, that y'all didn't write anything
11	down about it?
12			A.	Well, I didn't say that we didn't.
13			Q.	No, I say that you didn't.  I say you
14	didn't.
15			A.	I didn't write anything.
16			Q.	Well, do you see anything in Frosch's
17	notes here, that he had at the hospital?
18			A.	Well, I read Frosch's supplement
19	report.
20			Q.	You read a report that you all did
21	sometime later?
22			A.	Yes.
23			Q.	Not the notes that he took there in
24	the hospital?
25			A.	Right.  That is nothing uncommon, you
			Sandra M. Halsey, CSR, Official Court Reporter
						4183

	1	know that.
	2			Q.	Well, you don't know what I know?
	3			A.	Well, but that is nothing uncommon.
	4			Q.	No.  I suggest to you, that it is
	5	uncommon.  And I suggest to you, that in fairness, if you
	6	are going to hold her feet to the fire, for something
	7	that you claim she said, that you would at least have the
	8	honesty to -- to record it or --
	9
10				MR. GREG DAVIS:  I object to this as
11	being argumentative, it's not even a question.
12				THE COURT:  All right.  Gentlemen.  If
13	you will please direct questions to the witness.  If the
14	witness will answer to the point, briefly and succinctly
15	and straight to the question asked.  Thank you.
16
17	BY MR. DOUGLAS D. MULDER:
18			Q.	Don't you think, Mr. Patterson, that
19	in all fairness, that if you are going to hold somebody
20	accountable for a statement that you claim that they
21	made, that you would at least record the statement
22	accurately?  Is that too much to ask?
23			A.	I did.
24			Q.	You didn't record it at all.  You
25	wrote nothing down, and he wrote a sentence or two.
Sandra M. Halsey, CSR, Official Court Reporter 
	4184

	1				MR. GREG DAVIS:  Well, I'm going to
	2	object to what those notes may or may not say.  Detective
	3	Frosch is back there if he wants to question him on
	4	those.  This officer didn't make those notes.
	5				THE COURT:  All right, gentlemen.  If
	6	you will just ask the question, if that is a document of
	7	a prior hearing in which this witness testified to, let's
	8	get straight to the point.  Officer Frosch is present.
	9	We can call him later.  He is back there, Mr. Davis?
10				MR. GREG DAVIS:  Yes, sir, he is.
11				THE COURT:  All right.
12
13	BY MR. DOUGLAS D. MULDER:
14			Q.	Mr. Patterson, when you went through
15	the residence, with the other detectives on the walk
16	through on June 6th, did you see some towels with blood
17	on them in the den area?
18			A.	The towels I remember were in the
19	hall.
20			Q.	Towels in the hall.  All right.  How
21	many towels did you see in the hall?
22			A.	I don't -- I didn't count them.
23			Q.	Were they bloody?
24			A.	There were some washcloths that had
25	some blood on them, or had something that appeared to be
			Sandra M. Halsey, CSR, Official Court Reporter
						4185

	1	like blood.
	2			Q.	Were they wet when you saw them?
	3			A.	I don't recall if they were or not.
	4			Q.	Were you told that they had been wet?
	5			A.	No, sir.
	6			Q.	Did you inquire as to whether or not
	7	they were wet?
	8			A.	No, sir.
	9			Q.	It didn't make any difference?
10			A.	It made a difference.
11			Q.	She told you she put wet towels on the
12	boys, didn't she?
13			A.	In her written statement.
14			Q.	Did she ever tell you that she put wet
15	towels on the boys?
16			A.	Well, in her written statement she
17	did.
18			Q.	All right.
19
20				MR. DOUGLAS D. MULDER:  Judge, might I
21	suggest that -- I am at the point that I would like to go
22	back into that, but I have another witness that I could
23	put on, and if we could get him counsel.
24				THE COURT:  That is fine.
25				If you will step down, please.
			Sandra M. Halsey, CSR, Official Court Reporter
						4186

	1			Your next witness.
	2			MR. DOUGLAS D. MULDER:  Yes, sir.
	3			THE COURT:  Ma'am, if you will come on
	4	up here, please, ma'am.
	5			If you will raise your right hand,
	6	please.
	7			Do you solemnly swear or affirm that
	8	the testimony you are about to give, will be the truth,
	9	the whole truth, and nothing but the truth, so help you
10	God?
11			THE WITNESS:  Yes, I do.
12			THE COURT:  If you will just step up
13	here, and pull that gate out, and sit up here in the
14	witness stand.  Is this the first time you have ever
15	testified?  Okay.  Calm down.
16			THE WITNESS:  Okay.
17			THE COURT:  Just speak right into the
18	microphone, right here.
19			Now, your voice is going to echo, but
20	don't get excited.  That is a fresh cup of water.  Now
21	you have to speak loudly enough, so that that gentlemen
22	down there and that lady up there in the corner can hear
23	you, okay?  Those people over there in the jury box right
24	here.
25			THE WITNESS:  Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
					4187

	1			THE COURT:  Okay.  Over here in the
	2	jury box, you see.
	3			Now, both sides may ask you questions.
	4	Now one side may object.  If anybody objects then just
	5	stop, and I'll rule on it, and then we well go on again,
	6	okay?  Just relax.
	7			THE WITNESS:  Okay.
	8			THE COURT:  Ma'am, if you can state
	9	your name, and spell your last name for the court
10	reporter, please.
11			THE WITNESS:  Okay.  It's Mary
12	Angelia, and it's spelled -- the Angelia has an I-A on
13	the end of it.  Rickels, R-I-C-K-E-L-S.
14			THE COURT:  All right.  And you are
15	going to have to get a little bit closer so they all can
16	hear you.
17			THE WITNESS:  Okay.
18			THE COURT:  Go ahead, please, Mr.
19	Mulder.
20			MR. DOUGLAS D. MULDER:  Yes, sir.
21
22
23
24
25
			Sandra M. Halsey, CSR, Official Court Reporter
						4188

	1	Whereupon,
	2
	3				MARY ANGELIA RICKELS,
	4
	5	was called as a witness, for the Defense, having been
	6	first duly sworn by the Court to speak the truth, the
	7	whole truth, and nothing but the truth, testified in open
	8	court, as follows:
	9
10
11				DIRECT EXAMINATION
12
13	BY MR. DOUGLAS D. MULDER:
14			Q.	Ms. Rickels, would you tell the jury
15	your name again, please?
16			A.	Angelia Rickels.
17			Q.	Okay.  Can y'all hear her all right?
18	I will stand back here, so that you can keep your voice
19	up.  If you will just speak up, so that we can hear you
20	back here in this part of the area.
21				Would you tell the jury where you
22	live?
23			A.	I live in Rowlett.
24			Q.	And how long have you lived there?
25			A.	Oh, for over two years now.
			Sandra M. Halsey, CSR, Official Court Reporter
						4189

	1			Q.	Are you a married lady?
	2			A.	Yes, I am.
	3			Q.	Do you have a family?
	4			A.	Oh, yes.
	5			Q.	What does your family consist of,
	6	please, ma'am?
	7			A.	I have 3 teenagers and one baby, well,
	8	he is 15 months now.
	9			Q.	Okay.  And when was your baby born?
10			A.	October 6th, 1995.
11			Q.	Okay.  Can you -- let me show you what
12	has been marked for identification and record purposes as
13	State's Exhibit 6-B.  And I'll ask you if you see on
14	State's Exhibit B, 6-B, the City of Rowlett, Texas?
15			A.	Do I see it?
16			Q.	Yes.
17			A.	Yes.
18			Q.	Okay.  And where do you live in
19	Rowlett?
20			A.	I live on Miami Drive.
21			Q.	Okay.
22			A.	It's in the Rockwall County side of
23	Rowlett.
24			Q.	Is it close to Dalrock Road?
25			A.	We are just east of it.
			Sandra M. Halsey, CSR, Official Court Reporter
						4190

	1			Q.	All right.  And, do you see on this
	2	exhibit, Dalrock Road, across here?
	3			A.	Yes, I do.
	4			Q.	Okay.  About how far off -- Dalrock
	5	Road is this blue dotted line across here, is it not?
	6			A.	That is true.
	7			Q.	Okay.  Can y'all see that?
	8				How far off of Dalrock Road do you
	9	live?
10			A.	What I call city blocks, it's two.
11			Q.	Two city blocks?
12			A.	Um-hum.  (Witness nodding head
13	affirmatively.)
14			Q.	And you live on Miami Street, is that
15	right?
16			A.	That's correct.
17			Q.	And, do you live in kind of a curve in
18	the road?
19			A.	Yes, I do.
20			Q.	Could you find that, do you think, on
21	State's Exhibit Number -- is that Miami Road right there,
22	right at the end of that yellow spot?
23			A.	Yes, that is.
24			Q.	All right.  And do you live right
25	where Miami curves?
			Sandra M. Halsey, CSR, Official Court Reporter
						4191

	1			A.	Right before it hits Willowbrook.
	2			Q.	Okay.  Can y'all see that?  Kind of by
	3	that yellow mark?
	4			A.	Yes.
	5			Q.	And would you say it would be about
	6	two blocks off of Dalrock Road, two city blocks?
	7			A.	Yes, sir.
	8			Q.	Okay.  All right.  You are right there
	9	on the curve?
10			A.	Our house faces right on the curve, or
11	the cul de sac, whichever you want to call it.
12			Q.	Okay.  What sort of work was your
13	husband doing back in June of 1996?
14			A.	He works for TCI Cable as a line tech.
15			Q.	Okay.
16			A.	And at that time he was working at
17	nights.
18			Q.	Okay.  And, when was your baby born?
19			A.	October 6th, 1995.
20			Q.	Okay.  So your baby, at that time,
21	would have been what, approximately 9 months old or
22	thereabouts?
23			A.	Oh, pretty close to it.
24			Q.	Okay.  Are you a nurse?
25			A.	I'm a registered nurse.
			Sandra M. Halsey, CSR, Official Court Reporter
							4192

	1			Q.	Okay.  And after the child was born,
	2	did you experience some medical difficulty?
	3			A.	I had a stroke.
	4			Q.	Okay.  And you are still recovering?
	5			A.	Oh, yeah.
	6			Q.	Okay.  All right.  Now, Ms. Rickels,
	7	did your husband, what hours did he work back in June of
	8	1996?
	9			A.	He worked from 11:00 at night until
10	7:30 in the morning.
11			Q.	Okay.
12			A.	But he is always one of those that
13	gets there way ahead of time before he had to be there,
14	so he would leave the house between 9:30 at night and
15	10:00, to be there in plenty of time.  And then usually
16	he wouldn't come home the next morning until almost 9:30
17	or 10:00.
18			Q.	Okay.  Would he have occasion to check
19	on you, from time to time, because of your medical
20	health, ma'am?
21			A.	Yeah, he was always coming by.
22			Q.	And would he, from time to time, come
23	home for -- I guess it would be lunch for him, if he came
24	by early in the morning, wouldn't he?
25			A.	Yes, he would.
			Sandra M. Halsey, CSR, Official Court Reporter
							4193

	1			Q.	Okay.  I want to direct your attention
	2	in time, to the early morning of June the 6th of	1996.
	3	And I'll ask you if you had occasion to be watching TV
	4	early that morning?
	5			A.	I was watching TV about 1:30 in the
	6	morning, yes.
	7			Q.	Okay.  Did anything of an unusual
	8	nature happen?
	9			A.	Somebody was at the door, and at
10	first, my first thought was that it was my husband
11	coming in.  Because we have a dead bolt that you have to
12	kind of wiggle the door, you know, in a certain way, to
13	get the key to unlock it.
14				So, when I first started hearing it
15	wiggling, I thought it was him.  But then, when I heard
16	the wood split, you know, and they just kept continuing
17	on, you know, wiggling this door, and was hitting on the
18	door, then I heard the wood split, you know, a loud
19	cracking noise, so I finally ran to the door, to see what
20	was going on.
21			Q.	Okay.  And what did you find when you
22	got to the door?
23			A.	Well, I turned the porch light on,
24	because I was thinking, you know, everybody says turn the
25	lights on, and then they will know you are home, and then
			Sandra M. Halsey, CSR, Official Court Reporter
						4194

	1	they will go away.
	2				So then, I looked through the
	3	peephole, and there was two men standing out there.
	4			Q.	Okay.  What did they look like?
	5			A.	One was about your size, but a little
	6	stockier.
	7			Q.	Okay.
	8			A.	He had like a knit cap on.  Kind of
	9	rolled up around the edges, and there was some blonde
10	hair sticking out.
11				And the other guy was tall and thin.
12			Q.	Do you recall what color the -- this
13	was like a toboggan, or a stocking cap?
14			A.	Well, it was dark, and he had like a
15	jogging suit on.
16			Q.	What color was the jogging suit?
17			A.	It was also dark colored.
18			Q.	Okay.  Did you get a look at them?
19	Had you ever seen them before?  Did you recognize them?
20			A.	I didn't look at their faces, to be
21	honest, no.  Because I was so scared at the time.
22			Q.	What happened when you turned the
23	lights on?
24			A.	They ran off.
25			Q.	Okay.
Sandra M. Halsey, CSR, Official Court Reporter 
	4195

	1			A.	Towards Willowbrook, which would have
	2	been northwest from our house.
	3			Q.	Okay.  What happened next?
	4			A.	Well, I was thinking, "It's okay.
	5	Everything is over."
	6				And I just went back to watching TV,
	7	and I started hearing somebody at the bedroom window,
	8	which was right off the living room, where I was watching
	9	TV.  And somebody, you know, it sounded like something
10	tapping on the window in that bedroom.
11				And so, I went in there, to look out
12	the bedroom, you know, the window, to see what was going
13	on.  And, our house is wired strange, where the bedroom
14	light switch, controls the studio lights in the living
15	room.  So, of course, that light was on.
16				And any way, I went to the window,
17	looked through the blinds.
18			Q.	What did you see?
19			A.	I saw them there, and there was some
20	sort of a metal object, I don't know if it was a knife or
21	a screwdriver, they were trying to get up at the lock,
22	you know, those wing-type locks, you can hit those a
23	certain way and you can flip them open and unlock it.
24			Q.	Okay.
25			A.	And then when I, you know, turned off
			Sandra M. Halsey, CSR, Official Court Reporter
						4196

	1	the bedroom light, again they left.
	2			Q.	Did they ever come back?
	3			A.	Not that night, no.
	4			Q.	Okay.
	5			A.	But I stayed up all night then, I kept
	6	watching all of the windows, I was so scared.
	7			Q.	Did you tell your husband about it?
	8			A.	Oh, yeah.
	9			Q.	Did you tell your in-laws about it?
10			A.	Oh, yes, my in-laws, and my mother.
11			Q.	Okay.
12			A.	Everybody.
13			Q.	Of course, you heard that morning
14	about the problem with the children, the Routier children
15	being stabbed to death?
16			A.	Yes, I did.
17			Q.	Okay.  And, did you call the police?
18			A.	That night, no, I didn't.
19			Q.	Okay.  And you didn't call the police
20	for several days, did you?  It was after you talked to
21	your in-laws, and one thing another?
22			A.	That is true.
23			Q.	Okay.  All right.  Did the police come
24	out and talk to you?
25			A.	Yes.
			Sandra M. Halsey, CSR, Official Court Reporter
						4197

	1			Q.	Okay.  Did they seem interested in
	2	what had happened to you?
	3			A.	Not at all.
	4			Q.	Okay.  You met me -- you have seen me
	5	twice, haven't you?
	6			A.	Yes, sir.
	7			Q.	You saw me back in November?
	8			A.	Yes, sir.
	9			Q.	And I told you that I had just gotten
10	your name from the State the day before, didn't I?
11			A.	Yes, sir.
12			Q.	Okay.  And you told me that -- I don't
13	see it here -- Mr. Bosillo, with the district attorney's
14	office, had been out.  And, I told you that I got your
15	name from them -- I got your name, the day before, and I
16	came out as quickly as I could.  And, you told me that
17	Mr. Bosillo had been out there the day before; didn't
18	you?
19			A.	Yes, sir.
20			Q.	With the district attorney's office.
21	He had a lady with him -- and I don't see her.  But, a
22	blonde-haired or a gray-haired lady was with him?
23			A.	A small, petite, frosted-haired woman.
24			Q.	Okay.  And, he told you not to talk to
25	anybody, didn't he?
			Sandra M. Halsey, CSR, Official Court Reporter
							4198

	1			A.	Well, they told me there would be a
	2	lot of people coming around, and it would just be best to
	3	not speak to any one.
	4			Q.	Okay.  And I talked to you again last
	5	night, didn't I?
	6			A.	Yes, sir.
	7			Q.	I talked to you briefly, at your
	8	hotel?
	9			A.	Yes, sir.
10			Q.	Is that right?
11			A.	Yes, sir.
12			Q.	And, your husband stepped out.  And, I
13	had a lady with me when I came in there, didn't I?
14			A.	Um-hum.  (Witness nodding head
15	affirmatively.)  Yes, you did.
16			Q.	And it was just the three of us, and
17	your husband just stepped out in the parking lot while we
18	visited.  And, you basically told me this same thing,
19	didn't you?
20			A.	Yes, sir.
21			Q.	Okay.  And then, I believe Mr. Bosillo
22	and the lady that was always with Mr. Bosillo, and Mr.
23	Davis, I guess, came over and met with you after I did.
24			A.	We went to their hotel last evening,
25	yes.
			Sandra M. Halsey, CSR, Official Court Reporter
						4199

	1			Q.	Okay.  And, you talked to them I guess
	2	after I left.  Is that right?
	3			A.	Yes, sir.
	4			Q.	And you told them basically the same
	5	thing, I suspect?
	6			A.	Um-hum.  (Witness nodding head
	7	affirmatively.)
	8
	9				THE COURT:  Is that a yes, ma'am?
10				THE WITNESS:  Yes, it is.
11				THE COURT:  Okay.  You need to speak
12	up, we can't take head nods.
13				THE WITNESS:  Oh, okay.  You can't
14	take head nods?  Okay.
15				THE COURT:  Thank you, ma'am.
16
17	BY MR. DOUGLAS D. MULDER:
18			Q.	This is the first time you have
19	testified in court, isn't it?
20			A.	Yes it is.
21			Q.	Okay.
22
23				MR. DOUGLAS D. MULDER:  I'll pass the
24	witness.  Now either Mr. Shook or Mr. Davis will ask you
25	some questions.
			Sandra M. Halsey, CSR, Official Court Reporter
						4200

	1				THE WITNESS:  Okay.
	2
	3
	4				CROSS EXAMINATION
	5
	6	BY MR. TOBY SHOOK:
	7			Q.	Ms. Rickels, do you remember me?  We
	8	talked last night?
	9			A.	Yes, I do.
10			Q.	I'm Toby Shook.  And you have talked
11	to Investigator Bosillo several times, I believe, haven't
12	you?
13			A.	Yes, sir.
14			Q.	Usually out at your house, or on the
15	phone?
16			A.	On the phone, usually.
17			Q.	Okay.  Now, back in -- when this
18	happened you were there at -- who else was there at the
19	house with you back in June?
20			A.	My oldest daughter.
21			Q.	Okay.  How old is she?
22			A.	She was 15 then.
23			Q.	Okay.  And, I believe your baby and
24	your other daughter were at their grandmother's house; is
25	that right?
			Sandra M. Halsey, CSR, Official Court Reporter
						4201

	1			A.	That's correct.
	2			Q.	Okay.  And your husband, he was out
	3	working, and so you were just watching -- what kind of
	4	movie was it?
	5			A.	It was a scary movie.  I can't tell
	6	you the title of it right now.
	7			Q.	Horror movie of some sort?
	8			A.	Oh, yeah, I'm a big horror movie
	9	freak.
10			Q.	Okay.  And I remember you told me it
11	was pretty scary, wasn't it?
12			A.	Oh, sure, I'm sure it probably was.
13			Q.	Okay.  And then you heard this noise
14	at your door, your front door; is that right?
15			A.	Yes, sir.
16			Q.	Okay.  And y'all had a lock that is
17	kind of a trick sometimes to get open?
18			A.	Yes, sir.
19			Q.	And, was it more of a rattle, kind of
20	rattling at the door, or how would you best describe it?
21			A.	A jiggle.
22			Q.	A jiggle?
23			A.	A jiggle.
24			Q.	Okay.  And I think we talked last
25	night, your Honor, and if I might just open the door here
			Sandra M. Halsey, CSR, Official Court Reporter
							4202

	1	for a second, and I don't know if this will make the
	2	noise or not, but, was it kind of like that?  (Counsel
	3	bangs on door.)
	4			A.	A whole lot louder.
	5			Q.	Okay.  (Counsel bangs on door.)  Like
	6	that?
	7			A.	Um-hum.  (Witness nodding head
	8	affirmatively.)
	9			Q.	Louder than that?
10			A.	Even still louder, yes.
11			Q.	Okay.  And that obviously got your
12	attention, didn't it?
13			A.	Oh, yes.
14			Q.	Okay.  And how long did that go on?
15			A.	Several minutes when I finally was
16	realizing that it was not Don, my husband, using the key
17	to come in, and then when I heard that wood crack.
18			Q.	That went on for a long time, didn't
19	it?
20			A.	Well, I wasn't timing it.
21			Q.	Sure.
22			A.	It was several minutes.
23			Q.	Several minutes.  That louder than
24	that, and at first you thought that might be your
25	husband; right?
			Sandra M. Halsey, CSR, Official Court Reporter
						4203

	1			A.	Yes, I did.
	2			Q.	Okay.   So then after that, went on --
	3	and, did it stop or was it pretty steady for several
	4	minutes?
	5			A.	It was steady.
	6			Q.	Okay.  So, it was that noise that I
	7	was making, a little bit louder, for several minutes
	8	then?
	9			A.	Yes, sir.
10			Q.	That is when you decided that you
11	better go and see what was going on at the front door?
12			A.	Yes, sir.
13			Q.	Because you also heard a crack of some
14	sort, is that right?
15			A.	Yes, sir.
16			Q.	And then you turn on the light, and
17	there was -- there was -- you looked out the peephole?
18			A.	Yes, sir.
19			Q.	And there was two men out there; is
20	that right?
21			A.	That's correct.
22			Q.	One was a big stocky guy?
23			A.	Yes.
24			Q.	With some type of knit cap on?
25			A.	Yes.
			Sandra M. Halsey, CSR, Official Court Reporter
						4204

	1			Q.	And you saw blonde hair sticking out;
	2	is that right?
	3			A.	That's correct.
	4			Q.	And he had on what you called a
	5	jogging suit; is that right?
	6			A.	Yes.
	7			Q.	And it was long sleeved; is that
	8	right?
	9			A.	Yes, it was.
10			Q.	Was it long pants also?
11			A.	Yes, it was.
12			Q.	And the other guy was taller and
13	thinner?
14			A.	Yes, sir.
15			Q.	And he had on -- do you remember what
16	kind of hat he had on?
17			A.	A cowboy hat on.
18			Q.	Okay.  He had on a cowboy hat.  Do you
19	remember what color the cowboy hat was?
20			A.	Dark.
21			Q.	Okay.  So he had on a cowboy hat.  Did
22	he have on some type of western shirt?
23			A.	Yes, sir.
24			Q.	Okay.
25			A.	And blue jeans.
			Sandra M. Halsey, CSR, Official Court Reporter
						4205

	1			Q.	And blue jeans.  Was it a long sleeved
	2	western shirt?
	3			A.	Yes, it was.
	4			Q.	So one had on kind of a jogging suit,
	5	with long sleeves, and the other one had on a cowboy hat,
	6	and a long sleeved western shirt and blue jeans?
	7			A.	Yes, sir.
	8			Q.	Okay.  And then once you turned the
	9	light on, they ran off?
10			A.	Yes, sir.
11			Q.	And, did you see any car out there
12	also?
13			A.	Yes, I did.
14			Q.	Where was that car?
15			A.	Right in front of our house, sir, in a
16	cul de sac, you know, you really can't park right in
17	front.  It was kind of half in front of mine, and half in
18	front of my neighbors to the left of me.
19			Q.	Okay.  Had you seen that car before at
20	all?
21			A.	No.  Because when I was -- that was
22	the reason why I looked out the window, to see if there
23	was any weird cars out there, and make a note if I saw
24	anybody strange in the neighborhood.
25			Q.	When you looked out through the
Sandra M. Halsey, CSR, Official Court Reporter 
	4206

	1	peephole or when you --
	2			A.	No, through the window.
	3			Q.	Later on?
	4			A.	Yes, sir.
	5			Q.	Okay.  And, these guys they didn't run
	6	to that car, did they?
	7			A.	No, sir, they went the opposite
	8	direction of it.
	9			Q.	Now, after they ran off from the door,
10	you didn't call the police then, did you?
11			A.	No, sir.
12			Q.	Okay.  Did you go back and start
13	watching the horror movie again?
14			A.	Yes, I did, and calming my daughter
15	down.
16			Q.	She was kind of scared too?
17			A.	Oh, she was petrified.
18			Q.	Okay.
19			A.	Along with me.
20			Q.	And then, do you know how long it was
21	before you heard the tapping noise again, or this tapping
22	on the window?
23			A.	I think 15 or 20 minutes, somewhere
24	around in there.
25			Q.	Was the horror movie still going on?
			Sandra M. Halsey, CSR, Official Court Reporter
						4207

	1			A.	Yeah, it was still going on.
	2			Q.	Okay.  And then you -- the window they
	3	were at, is that your daughter's window?
	4			A.	My second daughter's, yes.
	5			Q.	Okay.  And, did you go in the room and
	6	look out the window at that time?
	7			A.	Yes, I did.
	8			Q.	And, was it these same two men outside
	9	the window at that time?
10			A.	Yes, I think it was.
11			Q.	Okay.  What do you mean you think it
12	was?  Do you think it might have been two different men?
13			A.	Well, if they were to stand here in
14	front of me, and I had to personally identify them, I
15	don't think I could, you know.
16			Q.	Did they look like --
17			A.	But they were the same --
18			Q.	The same --
19			A.	Had the same outfits on.
20			Q.	Dressed the same way?
21			A.	Yes, and the same builds.
22			Q.	So the guy with blonde hair, and the
23	toboggan, and long sleeve jogging shirt, and the guy with
24	the cowboy hat and tall and skinny?
25			A.	Tall and slim, yes.
			Sandra M. Halsey, CSR, Official Court Reporter
						4208

	1			Q.	Did you open the window and look -- I
	2	mean, did they see you looking at them?
	3			A.	No, I don't think they did.
	4			Q.	How long were they out there?  How
	5	long were you watching them at the window?
	6			A.	Maybe a minute or two.
	7			Q.	Okay.  So maybe a couple of minutes,
	8	and one of them was jiggling with the window?
	9			A.	Yes, sir.
10			Q.	And, what happened then, after they
11	were there for a minute or two?
12			A.	When I turned the bedroom light on,
13	all the noise stopped, and I went back again and looked
14	out the window, and they were gone.
15			Q.	Did you see where they went to?
16			A.	They went the same direction when they
17	left from the front door, northwest of the house.
18			Q.	And, did you see that car out there?
19	Is that when you saw the car out there?
20			A.	I saw the car out there, about 10
21	minutes after that, yes.
22			Q.	Okay.  So about what time was that?
23			A.	A little after 2:00, 2:08 or somewhere
24	around in there.
25			Q.	So, sometime after 2:00?
			Sandra M. Halsey, CSR, Official Court Reporter
						4209

	1			A.	Yes, sir.
	2			Q.	Were you looking at a clock at all?
	3			A.	At that time?
	4			Q.	Yes.
	5			A.	No.
	6			Q.	Okay.  And again, what did this car
	7	look like?
	8			A.	It was a dark blue, small, boxy-type
	9	car.  I'm not good with types of cars.
10			Q.	Okay.  And, you didn't go to sleep
11	again that night?
12			A.	No, I stayed up all night.
13			Q.	After you saw the men at your
14	daughter's window, did you call the police then?
15			A.	No, sir.
16			Q.	Okay.  Did you see that car again in
17	the morning, after it was light?
18			A.	Since I stayed up all night, you know,
19	I kept watching all of the windows, and the car was there
20	at 3:00, and then again, it was still there at 7:30.
21			Q.	So, it was still outside?
22			A.	It was still in the exact same spot
23	where I had seen it.
24			Q.	Okay.  And then your husband came
25	home; is that right?
			Sandra M. Halsey, CSR, Official Court Reporter
							4210

	1			A.	That's correct.
	2			Q.	And you told him about what had
	3	happened?
	4			A.	Oh, yeah.
	5			Q.	And y'all still didn't call the
	6	police, did you?
	7			A.	No.
	8			Q.	Not at that time?
	9			A.	Well, at that time, I was thinking it
10	was -- it's all over, what can the police -- what can
11	they do now, you know.
12			Q.	Okay.  And, you had been having -- had
13	you had any incidents like this happen before this, where
14	some --
15			A.	Not at that house, no.
16			Q.	At another house had you?
17			A.	Yes.
18			Q.	Which house was that?
19			A.	Back when I was in collage, in the
20	dinosaur days, as my girls would say.
21			Q.	Okay.  Since that time, at the house
22	you live in, on Miami, you have had another incident
23	where you thought some people were coming up to your
24	house, haven't you?
25			A.	After this?
			Sandra M. Halsey, CSR, Official Court Reporter
						4211

	1			Q.	Yes, after this in June.
	2			A.	Yes.
	3			Q.	Okay.  When was that?
	4			A.	It was in November.
	5			Q.	What happened on that occasion?
	6			A.	I'm a smoker, and I go outside in the
	7	garage to smoke, and the door was only lifted maybe a
	8	foot, if that much, and I heard shuffling of footprints,
	9	or foot steps, or whatever, on the driveway out there,
10	and I got scared, and I wasn't about to bend over and
11	look out there, and see who it was then.  I was just
12	scared, and so I just pulled the door down, and stuck a
13	stick in the door so they couldn't lift it.
14			Q.	Well, what time of the day was that?
15			A.	It was in the middle of the night.
16			Q.	Kind of about the same time that this
17	happened in June?
18			A.	Oh, more like 2:30 or 3:00.
19			Q.	Okay.  Did you call the police on that
20	occasion?
21			A.	I did the next morning.
22			Q.	Okay.  And did they come out and talk
23	to you about that?
24			A.	Yes, he did.
25			Q.	And about, I guess it was about the
			Sandra M. Halsey, CSR, Official Court Reporter
						4212

	1	11th, that you called the police back in June, right?  On
	2	June the 11th?
	3			A.	That's correct.
	4			Q.	Five days after this had happened?
	5			A.	That's correct.
	6			Q.	And did the uniformed officer come out
	7	and talk to you?
	8			A.	Yes.
	9			Q.	Okay.  Did you tell him what you had
10	seen that night?
11			A.	Yes did.
12			Q.	Okay.  And, did the police come out
13	again, soon after that, when you saw that car again?
14			A.	Well, again in August, I saw that car
15	pull out there and, what triggered my memory, was that
16	the person that got out of the car, was the same build as
17	the stocky guy that I had seen before, and so I ran in
18	and called the police, and they came over then.
19			Q.	Did you point out the car to them?
20			A.	Yes, I did.
21			Q.	Okay.  And what did the police do
22	then?
23			A.	They went to the house where I pointed
24	to, that showed where the guy went to.
25			Q.	Was that a neighbor of yours?
			Sandra M. Halsey, CSR, Official Court Reporter
						4213

	1			A.	Yes.
	2			Q.	And did they bring any of them out of
	3	the house?
	4			A.	They brought a small, skinny person
	5	out in handcuffs.
	6			Q.	Did that look like one of the guys
	7	that had been there?
	8			A.	No, he was shorter than the one that I
	9	had seen on June 6th.
10			Q.	That was a different guy altogether?
11			A.	Well, based on height, yes.
12			Q.	Had you seen that car around there any
13	more after that?
14			A.	No.
15			Q.	Okay.  Now, back when this happened on
16	June the 6th, you had had some bad health problems that
17	year, hadn't you?
18			A.	Oh, yes.
19			Q.	You had this stroke, and you have had
20	some other health problems, haven't you?
21			A.	Well, yes, I had three heart attacks
22	that year, too.
23			Q.	What heart attacks did you have that
24	year?  When did you have those heart attacks?
25			A.	At the end of June that year.
			Sandra M. Halsey, CSR, Official Court Reporter
						4214

	1			Q.	Okay.
	2			A.	And then one 14 days after that, it
	3	was about the second week or so, of July, and then
	4	another one in August.
	5			Q.	Okay.
	6			A.	Pretty much one after another it
	7	seemed like.
	8			Q.	Okay.  And you buried your brother, I
	9	think, just three days before this incident; is that
10	right?
11			A.	That's right, on June 3rd I buried my
12	baby brother.
13			Q.	And you were pretty close to him,
14	weren't you?
15			A.	Very close.
16			Q.	Okay.  And that had upset you quite a
17	bit, hadn't it.
18			A.	Yes.
19			Q.	Okay.  And, were you on any medication
20	at the time this happened from your stroke?
21			A.	Blood thinners.  Numerous, I had to
22	take quite a bit of medicine.
23			Q.	What all types of medication did you
24	take?
25			A.	Well, an antidepressant, and then, of
			Sandra M. Halsey, CSR, Official Court Reporter
						4215

	1	course, blood thinners, and there were some cardiac meds
	2	that I had to take.  And, that was -- when I say
	3	numerous, I'm thinking numerous in dollar value.  It was
	4	about sixteen hundred a month.
	5			Q.	A whole lot of medication?
	6			A.	A lot of money for it, yeah.
	7			Q.	What type of antidepressants were you
	8	taking?
	9			A.	Trazadone.
10			Q.	Okay.
11
12				THE COURT:  Could you spell that for
13	me, please, ma'am, if you know how?
14				THE WITNESS:  T-R-A-Z-A-D-O-N-E.
15				THE COURT:  Okay.
16				MR. TOBY SHOOK:  I believe that's all
17	we have, Judge.
18				MR. DOUGLAS D. MULDER:  We have
19	nothing further.
20				THE COURT:  May this witness be
21	excused, gentlemen?
22				MR. DOUGLAS D. MULDER:  Yes, sir.
23				THE COURT:  All right.  Be careful
24	stepping down there.
25				MR. DOUGLAS D. MULDER:  Her husband is
			Sandra M. Halsey, CSR, Official Court Reporter
								4216

	1	down here too.  I assume that he can be excused as well?
	2			THE COURT:  Yes.  All right.  You are
	3	free to go back to Dallas, or wherever you see fit.
	4			Just watch your step going off of
	5	there, please.
	6			THE WITNESS:  Thank you.
	7			THE COURT:  All right.  Your next
	8	witness.
	9			MR. DOUGLAS D. MULDER:  Yes, sir.  Let
10	me see if I can find that witness, your Honor.  I believe
11	they have just stepped out.
12			THE COURT:  All right.  Well, let's
13	take a 10 minute break.  All right.
14
15			(Whereupon, a short
16				Recess was taken,
17				After which time,
18				The proceedings were
19				Resumed on the record,
20				In the presence and
21				Hearing of the defendant
22				And the jury, as follows:)
23
24			THE COURT:  All right.  Are both sides
25	ready to bring the jury back in, and resume with the
			Sandra M. Halsey, CSR, Official Court Reporter
								4217

	1	trial?
	2			MR. GREG DAVIS:  Yes, sir, the State
	3	is ready.
	4			MR. DOUGLAS D. MULDER:  Yes, sir, we
	5	have our witness here now.  We're ready to proceed.
	6			THE COURT:  All right.  Bring the jury
	7	in, please.
	8
	9			(Whereupon, the jury
10				Was returned to the
11				Courtroom, and the
12				Proceedings were
13				Resumed on the record,
14				In open court, in the
15				Presence and hearing
16				Of the defendant,
17				As follows:)
18
19			THE COURT:  All right.  Let the record
20	reflect that all parties in the trial are present and the
21	jury is seated.
22			Your next witness, Mr. Mulder.
23			MR. DOUGLAS D. MULDER:  I thought she
24	was coming right in.
25			THE COURT:  Ma'am, if you will raise
			Sandra M. Halsey, CSR, Official Court Reporter
							4218

	1	your right hand, please.
	2
	3			(Whereupon, the witness
	4				Was duly sworn by the
	5				Court, to speak the truth,
	6				The whole truth and
	7				Nothing but the truth,
	8				After which, the
	9				Proceedings were
10				Resumed as follows:
11
12			THE COURT:  Do you solemnly swear or
13	affirm that the testimony you are about to give will be
14	the truth, the whole truth, and nothing but the truth, so
15	help you God?
16			THE WITNESS:  I do.
17			THE COURT:  All right.  If you will
18	have a seat right here please, ma'am.
19			THE WITNESS:  Okay.
20			THE COURT:  Is this your first time to
21	testify?
22			THE WITNESS:  Yes, sir.
23			THE COURT:  Okay.  Ma'am, you are
24	under the Rule of Evidence now.  That simply means, that
25	when you are not testifying, you have to remain outside
			Sandra M. Halsey, CSR, Official Court Reporter
								4219

	1	the courtroom, and don't talk about your testimony with
	2	anybody who has testified.  In other words, don't compare
	3	it.
	4			You may talk to the attorneys for
	5	either side, but if someone tries to talk to you about
	6	your testimony, tell the attorney for the side who called
	7	you.
	8			THE WITNESS:  Okay.
	9			THE COURT:  If you will state your
10	name and spell your last name for the court reporter,
11	please.
12			THE WITNESS:  My name is Sarilda
13	Routier.  S-A-R-I-L-D-A.
14			THE COURT:  Now, ma'am, you are going
15	to have to continue to speak loudly enough so that the
16	gentlemen and the lady down there in the far corner of
17	the jury box can hear you, okay?
18			THE WITNESS:  Um-hum.  (Witness
19	nodding head affirmatively.)
20			THE COURT:  Okay.  Speak right into
21	that microphone.  Go ahead, please.
22			THE WITNESS:  Okay.  Sarilda Routier.
23	Did you get that?  Sarilda Routier.  S-A-R-I-L-D-A, and
24	R-O-U-T-I-E-R.
25
			Sandra M. Halsey, CSR, Official Court Reporter
						4220

	1	Whereupon,
	2
	3				 SARILDA ROUTIER,
	4
	5	was called as a witness, for the Defense, having been
	6	first duly sworn by the Court to speak the truth, the
	7	whole truth, and nothing but the truth, testified in open
	8	court, as follows:
	9
10
11				DIRECT EXAMINATION
12
13	BY MR. DOUGLAS D. MULDER:
14			Q.	Are you Sarilda Routier?
15			A.	Yes, sir.
16			Q.	And would you tell the jury where you
17	live, please?
18			A.	I live in Lubbock, Texas, at 5104 19th
19	in Lubbock.
20			Q.	Okay.  And, have you lived there a
21	good part of your adult life?
22			A.	I have lived there all of my life
23	except two years when my husband was in the service.
24			Q.	When was that?
25			A.	We got married in '64, we lived in
			Sandra M. Halsey, CSR, Official Court Reporter
						4221

	1	Dallas from 1964 to 1968 then we moved to Lubbock.
	2			Q.	Okay.  Do you have children?
	3			A.	Yes, sir.
	4			Q.	How many children do you have?
	5			A.	I have three children.  I have Darin
	6	is my oldest, he is 29.  Deon, who is 27, and Arenda, who
	7	is	21.
	8			Q.	Okay.  Are your children married?
	9			A.	All of them are married now.
10			Q.	Okay.  And, where do they live?
11			A.	Darin lives in Rowlett, and Deon, he
12	has been going to college all this time, he has just
13	recently moved to Plano, Texas, which is in the Dallas
14	area, and Arenda lives in Lubbock.
15			Q.	Okay.  What business are you and your
16	husband in?
17			A.	We own a machine shop.  It is called R
18	and R Repair and Machine.
19			Q.	Okay.
20			A.	We have had it for 26 years.
21			Q.	Is it basically your husband operates
22	it, does he?
23			A.	Yes, we started the business, it was
24	because my maiden name was Raper, R-A-P-E-R, and it was
25	Raper and Routier.  Initials, R and R.  My father died in
			Sandra M. Halsey, CSR, Official Court Reporter
							4222

	1	1987, so we're sole proprietors now, we were a
	2	partnership.
	3			Q.	You have been called here to testify
	4	as regards to Darlie Routier.  How long have you known
	5	Darlie?
	6			A.	They have been married eight years.  I
	7	have known her 10 or 11 years.  To tell you the truth, I
	8	can't tell you exactly, but a long time.
	9			Q.	Do you know her well?
10			A.	Well --
11			Q.	How many grandchildren did you have?
12			A.	Well, I had four.
13			Q.	Okay.
14			A.	I have two other grandsons.
15			Q.	Okay.
16			A.	Um-hum.  (Witness nodding head
17	affirmatively.)
18			Q.	And what are their ages?
19			A.	Well, we had Devon, who wanted to be
20	considered 7, and Damon who was 5, and Drake -- well, I
21	have to -- well, Deon and Dana have a little boy named
22	Dillon.  Dillon will be 3.  He is 2 and a half.  And I
23	have Drake, who is about 15 or 16 months old.
24			Q.	All right.  So you have two surviving
25	grandchildren?
			Sandra M. Halsey, CSR, Official Court Reporter
						4223

	1			A.	Two surviving, um-hum.  (Witness
	2	nodding head affirmatively.)
	3			Q.	And one grandchild by your son, Darin?
	4			A.	Yes, and one by Deon.
	5			Q.	And one by Deon?
	6			A.	Yes.
	7			Q.	What was your relationship, Ms.
	8	Routier, with your grandchildren?  Did you see them
	9	often?
10			A.	I saw them often.  As much as you can
11	with them living in Dallas.  You know, when you live, I
12	mean, Lubbock is 350 miles.  Okay?  And -- but I did get
13	to see them often.
14				They came to us -- we never were away
15	from each other on the holidays, and so, either they came
16	to us, or I came to them.
17				I also do a lot of shopping at market,
18	and so, I came with girlfriends, for sometimes day trips,
19	or two night trips.  Plus, I was always there when the
20	babies were born.  Darlie and I do lots of shopping.  She
21	is truthfully my daughter-in-law.  She is really a girl
22	friend of mine.  I mean, we're real friends.  So I spent
23	a lot of time in their home.
24			Q.	Would you talk to your daughter-in-law
25	and your son, and your grandchildren on the phone
			Sandra M. Halsey, CSR, Official Court Reporter
						4224

	1	frequently?
	2			A.	Oh, yes, we have 10-811, ten cents a
	3	minute, and to be truthful with you, we was talking more
	4	and enjoying it lots.  I talk to Darlie an hour or two a
	5	week, and Darin.  Sometimes they would say, you know, one
	6	saying that I was doing all of the talking to one, and
	7	then they would talk, and then sometimes I would speak to
	8	both of them in the same day.
	9				I hardly went a week that I didn't
10	talk to them on the phone.
11			Q.	Do you feel like you know your
12	daughter-in-law well?
13			A.	I most certainly do.
14			Q.	Can you tell the jury what type of
15	mother she was to your grandchildren?
16			A.	Darlie is the daughter-in-law that
17	everyone would love to have.  Okay?  You should all get
18	to have her.
19				In my opinion, what do you want from a
20	daughter-in-law?  You want somebody who loves your son,
21	who lets your son love you back, and that loves you.
22	That gives you beautiful grandkids, that teaches them to
23	love you.
24				You know, what do you want out of
25	life?  She was never jealous.  Darin and I are very, very
			Sandra M. Halsey, CSR, Official Court Reporter
						4225

	1	close.  Darin is very -- is a very loving person.  He is
	2	very affectionate.  He shoes his affection.  He kisses me
	3	on lips.  Deon doesn't do that.
	4				Deon loves me, but you know, they are
	5	two different personalities.  And she allowed it.  And I
	6	appreciate that.  I have seen that in my friends, who
	7	didn't have that.
	8				I have friends who have
	9	daughter-in-laws that are jealous of the relationship.
10	She was never jealous of our relationship.  Well, she
11	loved me too.  Why would she be in any way jealous of
12	Darin's relationship, when she felt the same away.
13			Q.	Okay.  She has been described as
14	selfish and materialistic, self centered.  Do you agree
15	with that?
16			A.	I most certainly do not.
17	Materialistic.  Well, materialistic can mean different
18	things to different people.  Darlie likes nice things, I
19	like nice things --
20			Q.	Do you know anybody who doesn't?
21			A.	Well, I don't know.  We like nice
22	things, but we buy it on sale.
23			Q.	Okay.
24			A.	Well, I mean, it's the truth.
25			Q.	Okay.
			Sandra M. Halsey, CSR, Official Court Reporter
						4226

	1			A.	Well, I mean, as far as materialistic,
	2	I mean, Darlie liked nice things, and Darin liked nice
	3	things, and they bought it honestly, with their own
	4	money.  I don't see anything wrong with that.
	5			Q.	They worked hard, didn't they?
	6			A.	They worked hard.  They had lots of
	7	guts, and they are successful because of his guts.  Darin
	8	is really a mixture of me and daddy, of his father.  He
	9	is not quite as boisterous maybe as I, but he is not as
10	quiet and reserved as his father.  He is a wonderful mix,
11	and he has turned out awesome.
12				He found a wonderful mate, and
13	together they have worked hard, and made every dime of
14	that money themselves.
15			Q.	Did they take good care of your
16	grandbabies?
17			A.	Well, Darlie is -- you know, Darlie is
18	not going to deny them anything.  She is going to -- if
19	she has a dollar in her pocket, and they wanted a candy
20	bar, well now, grand-mommy thought, well, they really
21	didn't need that.  But Darlie just couldn't deny them
22	anything, and that is the truth.
23			Q.	Tell the jury what those grandchildren
24	meant to you?
25			A.	Well, I'm sure everybody has grandkids
			Sandra M. Halsey, CSR, Official Court Reporter
						4227

	1	I hope that you do.  Okay?  You know, your first
	2	grandchild is very important.  Not that those others
	3	aren't, but Devon looks just like Darin.  He has
	4	freckles, which I hated my freckles, I didn't particular
	5	care for his either.  But, it was like a little Darin.
	6	You know, grandbabies, you know, if you don't have a
	7	grandbaby, grandbabies are something that you didn't give
	8	birth to, but you have got that wonderful feeling, you
	9	know, it's really neat, it's a wonderful, wonderful
10	feeling.  Somebody -- I don't have them any more, and I
11	have not really come to terms with that.  I put it
12	somewhere, because when you do really think about that we
13	don't have Devon and Damon any more, it is so unbearable
14	that, I start to throw up.  So you have to just put it
15	somewhere, and our main emphasis right now is getting
16	Darlie home, and getting this mess straightened out.
17	This awful mess.
18			Q.	Did you see her at the hospital?
19			A.	I sure did.
20			Q.	Did you think her grief was
21	appropriate?
22			A.	I would be ashamed if I was anybody to
23	say that wasn't appropriate.  I don't know where
24	people -- number 1, I am offended by anybody saying that
25	it was not there.  But if you saw it, and we're not
			Sandra M. Halsey, CSR, Official Court Reporter
						4228

	1	talking about a choice here, of somebody saying what is
	2	appropriate, and what is not appropriate.
	3			It sounds to me like, from reading the
	4	papers, they are saying that it was unappropriate.  I was
	5	there and it was appropriate at every step.
	6			I mean, ask me.  What times are we
	7	talking about?  Every time it was appropriate.  I have
	8	thought back over this.  I mean, you know, this is my
	9	grandbabies.  I have another grandbaby.  I have Drake.
10	I, in no way, shape, form or fashion intend to have Drake
11	put in any kind of jeopardy.  Okay?
12			I mean, you know, I seen all this, I
13	mean, from what bits and pieces I got, from frantic
14	friends and neighbors, I guess you could say that is how
15	I have gotten my information.
16		        Q.	Have you read the newspapers, and kept
17	up with the --
18		        A.	Well, Lubbock has really been very
19	kind toward me.  This is Darin and Darlie's home, and
20	they have kind of considered that trash, and they have
21	repeated very little, very little.  So I got the Dallas
22	Morning News, and I have heard that it was on the front
23	page, and this and that.
24
25			MR. GREG DAVIS:  I'm sorry, I will
Sandra M. Halsey, CSR, Official Court Reporter 
	4229

	1	object to this.  This is extraneous --
	2				THE COURT:  Sustained.  Sustain the
	3	objection.
	4				Ma'am, just testify -- just listen to
	5	the question.
	6
	7	BY MR. DOUGLAS D. MULDER:
	8			Q.	Have you kept up with, and are you
	9	aware of the evidence in this case?  You have talked to
10	me, haven't you?
11			A.	Yes, sir.
12			Q.	Are you aware of the evidence in this
13	case?
14			A.	Yes, I am, I am aware of everything
15	that I know of any way.
16			Q.	Do you believe that Darlie killed her
17	sons?
18
19				MR. GREG DAVIS:  I'll object to that.
20	It's not relevant.
21				THE COURT:  Sustained.  Let's move on.
22
23	BY MR. DOUGLAS D. MULDER:
24			Q.	Do you know who killed your
25	grandchildren?
			Sandra M. Halsey, CSR, Official Court Reporter
						4230

	1			A.	I have no idea.
	2			Q.	Would you be here if you had any doubt
	3	in her whatsoever?
	4			A.	I would not.
	5
	6				MR. GREG DAVIS:  We would object to
	7	that again, and ask that the Court instruct the jury to
	8	disregard that last comment.
	9				THE COURT:  The jury is instructed to
10	disregard the last comment.
11
12	BY MR. DOUGLAS D. MULDER:
13			Q.	Is she capable of all of this?
14
15				MR. GREG DAVIS:  I object again.
16				THE COURT:  All right.  Gentlemen,
17	let's ask her the right questions.  Ma'am, just listen to
18	the questions, and answer it as briefly and to the point
19	as you can, please.
20				THE WITNESS:  Okay.  What was the
21	question again?  I only heard the objection.
22
23	BY MR. DOUGLAS D. MULDER:
24			Q.	I asked you if she was capable of this
25	and --
			Sandra M. Halsey, CSR, Official Court Reporter
						4231

	1
	2			MR. GREG DAVIS:  And to that, I do
	3	object.
	4			THE COURT:  Sustained.  Let's move on.
	5	Next question.
	6			MR. DOUGLAS D. MULDER:  We will pass
	7	the witness.
	8			They will have some questions for you.
	9			MR. GREG DAVIS:  Ms. Routier, I'm
10	sorry that you had to come down here.  I know that you
11	loved your two grandchildren, and I certainly have no
12	questions for you.
13			Thank you.
14			THE COURT:  Thank you, ma'am.  You may
15	step down.  Let's watch your step going off of their.
16			THE WITNESS:  Can I take this water
17	with me?
18			THE COURT:  Oh, yes, by all means,
19	take it with you.  Go ahead.
20			All right.  And by agreement this
21	witness will be excused.
22			Your next witness.
23			MR. DOUGLAS D. MULDER:  Judge, we're
24	waiting on Mr. Patterson.
25			THE COURT:  All right.  Ladies and
			Sandra M. Halsey, CSR, Official Court Reporter
							4232

	1	gentlemen of the jury, can you step out briefly please?
	2	Thank you.
	3
	4			(Whereupon, a short
	5				Recess was taken,
	6				After which time,
	7				The proceedings were
	8				Resumed on the record,
	9				In the presence and
10				Hearing of the defendant
11				And the jury, as follows:
12
13			THE COURT:  All right.  Are both sides
14	ready to bring the jury back in and resume the trial?
15			MR. GREG DAVIS:  Yes, sir, the State
16	is ready.
17			MR. DOUGLAS D. MULDER:  Yes, sir, the
18	defense is ready.
19			THE COURT:  All right.  Bring the jury
20	back in, please.
21
22			(Whereupon, the jury
23				Was returned to the
24				Courtroom, and the
25				Proceedings were
			Sandra M. Halsey, CSR, Official Court Reporter
						4233

	1				Resumed on the record,
	2				In open court, in the
	3				Presence and hearing
	4				Of the defendant,
	5				As follows:)
	6
	7			THE COURT:  All right.  Sir, raise
	8	your right hand, please.
	9
10			(Whereupon, the witness
11				Was duly sworn by the
12				Court, to speak the truth,
13				The whole truth and
14				Nothing but the truth,
15				After which, the
16				Proceedings were
17				Resumed as follows:
18
19			THE COURT:  Do you solemnly swear or
20	affirm that the testimony you are about to give will be
21	the truth, the whole truth, and nothing but the truth, so
22	help you God?
23			THE WITNESS:  I do.
24			THE COURT:  All right.  Now sir, you
25	are under the Rule of Evidence.  That simply means that
			Sandra M. Halsey, CSR, Official Court Reporter
						4234

	1	when you are not testifying you have to remain outside of
	2	the courtroom.  Don't talk about your testimony with
	3	anybody who has testified, in other words, don't compare
	4	it.
	5			You may talk to the attorneys for
	6	either side.  If someone tries to talk to you about your
	7	testimony, tell the attorney for the side who called you.
	8			Please state your name and spell your
	9	last name for the court reporter, please.
10			THE WITNESS:  Darin, D-A-R-I-N,
11	Routier, R-O-U-T-I-E-R.
12			THE COURT:  All right, go ahead
13	please.
14
15
16	Whereupon,
17
18			DARIN ROUTIER,
19
20	was called as a witness, for the Defense, having been
21	first duly sworn by the Court to speak the truth, the
22	whole truth, and nothing but the truth, testified in open
23	court, as follows:
24
25
			Sandra M. Halsey, CSR, Official Court Reporter
					4235

	1				DIRECT EXAMINATION
	2	BY MR. DOUGLAS D. MULDER:
	3			Q.	Mr. Routier, what age man are you?
	4			A.	I'm 29.
	5			Q.	Where were you born and raised?
	6			A.	Lubbock, Texas.
	7			Q.	Okay.
	8			A.	Raised in Lubbock, Texas.
	9			Q.	Your parents, what are your parents
10	names?
11			A.	Leonard and Sarilda Routier.
12			Q.	And where do they live at this time?
13			A.	They live in Lubbock, Texas.
14			Q.	Did you grow up there?
15			A.	Yes, sir, I did.
16			Q.	Okay.
17			A.	I left there when I was 18.
18			Q.	Pardon?
19			A.	I left there when I was 18.
20			Q.	Okay.  You graduated from high school
21	there?
22			A.	Yes, sir.
23			Q.	Okay.  And, what high school did you
24	attend, Darin?
25			A.	Lubbock and Cooper.
			Sandra M. Halsey, CSR, Official Court Reporter
						4236

	1			Q.	Did you play any sports?
	2			A.	Yes, sir.
	3			Q.	What sports did you play?
	4			A.	Football, basketball, track.
	5			Q.	Okay.
	6			A.	Weight lifting.
	7			Q.	Did you work while were you in school?
	8			A.	Yes, sir, I have been working since I
	9	was 14.
10			Q.	Okay.  Tell the jury what sort of work
11	you did when you were 14?
12			A.	Well, I started out as a dishwasher,
13	and when I left Western Sizzler in Lubbock, when I left,
14	I was the manager of the restaurant.
15			Q.	Okay.  And, how old were you at that
16	time?
17			A.	I was 18.
18			Q.	Okay.  And, I'll ask you if in the
19	course of your years there in Lubbock, you had occasion
20	to meet Darlie, your wife?
21			A.	Yes, sir, I met her on Mother's Day,
22	12 years ago.
23			Q.	Okay.  And what were the circumstances
24	under which you met her?
25			A.	Her mother worked with me at the
			Sandra M. Halsey, CSR, Official Court Reporter
							4237

	1	restaurant.  She was a waitress, and I was a fry cooker
	2	and assistant manager.
	3				And, she kept telling me how beautiful
	4	her daughter was, and I was like, yeah, yeah, yeah, you
	5	know, every mother's daughter is beautiful.  And she came
	6	in on Mother's Day, and just blew me away.
	7			Q.	Okay.  Y'all began to date, I guess?
	8			A.	Yes, sir, we did.
	9			Q.	All right.  And after you graduated at
10	age 18, you moved, did you?
11			A.	Yes, sir, I moved to Dallas.
12			Q.	Okay.  And what was your purpose in
13	moving to Dallas?
14			A.	To get a higher education.  I went to
15	technical school, called Video Technical Institute.  I
16	took electronics.
17			Q.	Okay.  And how long did that take to
18	matriculate there?
19			A.	Well, it was 14 months, and I went to
20	school eight hours a day, six days a week.
21			Q.	Did you also work?
22			A.	Yes, sir, I worked full time, the
23	whole time.
24			Q.	All right.  So --
25			A.	I took a job making four bucks an
			Sandra M. Halsey, CSR, Official Court Reporter
						4238

	1	hour, so that I could finish school.  We started out with
	2	112 people in my class and 12 of us graduated.
	3			Q.	Okay.  What did you do when you
	4	graduated?
	5			A.	I got my first job working at a
	6	company called Cuplex, in Garland, Texas.
	7			Q.	What size business is that?
	8			A.	They have about four hundred
	9	employees.  And, they do roughly about 72 million dollars
10	a year, manufacturing printed circuit boards.
11			Q.	Manufacturing what?
12			A.	Printed circuit boards.
13			Q.	Okay.  Now, about what time -- what
14	year is it that you went to work for Cuplex?
15			A.	I believe it was in '87.
16			Q.	And, had you and Darlie continued your
17	relationship?
18			A.	Yes, sir, we got married in '89,
19	and --
20			Q.	What were the circumstances -- do you
21	remember when you got engaged?
22			A.	Yes, we got engaged, actually my
23	senior year in high school.  And we got engaged in
24	Purgatory, Colorado, and --
25			Q.	Out there on a ski trip?
			Sandra M. Halsey, CSR, Official Court Reporter
						4239

	1			A.	Yes, sir, with the whole family.
	2			Q.	Okay.
	3			A.	In March.
	4			Q.	Are you talking about your family?
	5			A.	Yes, sir.
	6			Q.	You have a brother and a sister?
	7			A.	Yes, sir, I have a brother that has
	8	moved to Plano, and he is in telecommunications, and also
	9	a poli-sci major from Texas Tech University, in Lubbock.
10	And, my sister is a home nurse.
11			Q.	All right.
12			A.	She is 21.
13			Q.	Okay.  And, when did you and Darlie
14	get married?
15			A.	August 27th.
16			Q.	Of what year?
17			A.	'89.
18			Q.	Were you working at that time?
19			A.	Yes, sir, I have always worked.
20			Q.	Okay.  Where were you working at that
21	time?
22			A.	We were both working at Cuplex.
23			Q.	Okay.  And, what were your duties and
24	responsibilities there at Cuplex?
25			A.	I was a test engineer.  I worked in
			Sandra M. Halsey, CSR, Official Court Reporter
						4240

	1	the electrical test department.  And, actually they
	2	pretty much let me do whatever I wanted to do, because I
	3	loved being there, and so I would put in, between 75 to
	4	80 hours a week.
	5			Q.	Okay.  Now, where were you and Darlie
	6	living while were you working -- while were you both
	7	working at Cuplex?
	8			A.	We were living off of Chaha Road,
	9	which is real near Rowlett.  It's actually in Garland,
10	but it's in a little peninsula, right off the lake.  We
11	were living in a little one bedroom apartment.
12			Q.	Okay.  And, I'll ask you, if a year or
13	so after you were married, if you had a child?
14			A.	Yes, sir, we did.  We had Devon.
15			Q.	Okay.  And, do you recall when he was
16	born?
17			A.	June 14th.
18			Q.	Where were you living at that time?
19			A.	Well, we were living in the apartment,
20	and we had started looking for houses.  And, the
21	apartment complexes were around 750 to 800 dollars a
22	month, and we had decided that, even though we were young
23	that we could buy our first house.
24				So, we were looking and looking, and
25	Devon was born actually two days after we had closed on
			Sandra M. Halsey, CSR, Official Court Reporter
						4241

	1	our first house.
	2			Q.	Okay.  And when Darlie came home from
	3	the hospital, did you move into your new house, or did
	4	you have a short delay?
	5			A.	We had a delay, because we were
	6	painting the house, trying to get it ready to bring
	7	Darlie and the baby home and, you know, we didn't want
	8	either one of them to be exposed to any of the fumes or
	9	anything in the house.  So we had a little bit of a
10	delay.  Probably about four or five days was all.
11			Q.	Okay.  Where was that first house
12	located, Darin?
13			A.	It was on Bond Street in Rowlett.
14			Q.	Okay.
15			A.	About two and a half miles from the
16	house that we --
17			Q.	Now, while you were working for
18	Cuplex, did you have an occasion to go into business for
19	yourself?
20			A.	Actually I didn't want to be
21	self-employed.  My parents and grandparents and everyone
22	in my family have been self-employed without retirement,
23	and I wanted to go to work for a company, and work for
24	you know, 25 or 30 years, you know, the American dream of
25	being able to retire at 55.  Me and Darlie both have
			Sandra M. Halsey, CSR, Official Court Reporter
						4242

	1	always done everything very young, and always very high
	2	achievers.  But I knew that I could never make the kind
	3	of money that I really felt like that I deserved unless I
	4	did become self-employed.
	5			Q.	Okay.  Did you start your own
	6	business?
	7			A.	Yes, sir, I did.
	8			Q.	Okay.  And what business were you in?
	9			A.	Well, basically the same thing I was
10	doing at Cuplex, except for I was doing it for myself and
11	I was doing it for other printed circuit board shops
12	around the United States.
13			Q.	Okay.
14			A.	We started out real small working in
15	the apartment.  Making little receptacles that a wire was
16	attached.  We would hand crimp, you know, these little
17	parts together and we were making a pretty good profit
18	doing it that way.  And even when Darlie was pregnant
19	with Devon, we would sit there on the couch and watch TV,
20	and we would crimp these little parts.
21			Q.	Okay.  Were you doing that in
22	competition with Cuplex or did you do that with --
23			A.	No, I was selling them to Cuplex.  So
24	while I was still working there, I was still able to
25	start a business and they were very encouraging.  They
			Sandra M. Halsey, CSR, Official Court Reporter
						4243

	1	are both from Lubbock, Texas.  They encouraged me to kind
	2	of go out on my own, but they knew that I had a family
	3	that I had built and that I needed the benefits of having
	4	the insurance and the benefits of working for a larger
	5	company.
	6			Q.	Okay.  So you were encouraged by the
	7	owners of Cuplex?
	8			A.	Yes, sir, I was.
	9			Q.	Okay.  And that is a privately owned
10	business, is it not, Cuplex?
11			A.	Yes, sir.
12			Q.	Okay.  You said they are from Lubbock,
13	the primary -- the principals in that business?
14			A.	Yes, sir, Mr. Jeff Reino and Ron
15	Reino, they were both from Lubbock, they both graduated
16	from Texas Tech University.  They both had kids at Texas
17	Tech University, and they also both worked at T.I. until
18	it shut down, and then they went off into their own
19	business.
20			Q.	Okay.  And how long did you continue
21	working your business out of your house, the business
22	that you started and working for Cuplex?
23			A.	About a year and a half.  I continued
24	to work for them while I had my own business.
25				I started my business in December of
			Sandra M. Halsey, CSR, Official Court Reporter
							4244

	1	'89.  And, I guess it was about '91 whenever we decided
	2	to go ahead and -- that I was making enough money to be
	3	able to not have to worry about Cuplex as a backup.
	4			Q.	Okay.  So you left Cuplex at that
	5	time?
	6			A.	Yes, sir.
	7			Q.	And had Darlie left sometime before
	8	that?
	9			A.	Actually, Darlie fell while she was at
10	Cuplex.  They have a lot of chemicals and a lot of things
11	on the floor, and she had slipped, and they gave her
12	about a three month leave of absence, prior to that.
13			Q.	Okay.
14			A.	So she didn't have to work, and then
15	she worked for me from then on.
16			Q.	Okay.
17			A.	We worked together.
18			Q.	Okay.  When was it that your business
19	had grown to the extent that you were able to move your
20	business out of your home?
21			A.	About four years ago, probably the end
22	of '92 or '93.
23			Q.	Would that be after your second child
24	was born?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4245

	1			Q.	Okay.  And when was your second child,
	2	Damon, born?
	3			A.	He was born in '91, February.
	4			Q.	Okay.  And, where did you move your
	5	business when you moved it out of your residence?
	6			A.	I moved it off of Main Street, right
	7	there -- there is a Main Street that goes right downtown
	8	Rowlett, and we had got our own little building, and we
	9	had purchased a lot of equipment to go in that.  Prior to
10	that, all we had, basically, was a lot of hand tools and
11	a lot of things in the garage.
12			Q.	Okay.
13			A.	So that is kind of where we started,
14	and then we got into purchasing some large equipment.
15			Q.	And did you, in fact, purchase some
16	large equipment?
17			A.	Yes, I did.
18			Q.	Okay.  Did you move it into your
19	business?
20			A.	Yes, sir.
21			Q.	Okay.  Did your business grow and
22	continue to prosper?
23			A.	Yes, sir, it always has.
24			Q.	Okay.  You started out with how many
25	customers?
			Sandra M. Halsey, CSR, Official Court Reporter
							4246

	1			A.	We started out with one.
	2			Q.	All right.  And it grew to how many?
	3			A.	I have got over 20 now.
	4			Q.	Okay.  Can you give the jury some idea
	5	of how much money you were taking in, in 1995?
	6
	7				MR. DOUGLAS D. MULDER:  What was my
	8	next number?
	9				MR. PRESTON DOUGLASS, JR:  77.
10				THE COURT REPORTER:  We already have a
11	77.
12				MR. PRESTON DOUGLASS, JR.:  I don't
13	see number	77.  I think we have 76-A.
14				MR. DOUGLAS D. MULDER:  I'll just go
15	ahead and mark it 77.
16
17				(Whereupon, the following
18					mentioned item was
19					marked for
20					identification only
21					after which time the
22					proceedings were
23					resumed on the record
24					in open court, as
25					follows:)
			Sandra M. Halsey, CSR, Official Court Reporter
							4247

	1
	2	BY MR. DOUGLAS D. MULDER:
	3
	4			Q.	Let me hand you what has been marked
	5	for identification and record purposes as Defendant's
	6	Exhibit No. 77.  And, I'll ask you to look that over and
	7	tell me whether or not that is a copy of your 1995
	8	federal tax return.
	9			A.	Yes, sir, this is the short version.
10			Q.	Okay.  Well, it doesn't have all of
11	the depreciations and things like that in it, but it's
12	just the --
13			A.	Right.
14			Q.	It gives the basic amounts, does it
15	not?
16			A.	Right.  The gross income was two
17	hundred sixty-four thousand, and twenty-two dollars.
18			Q.	Okay.
19			A.	That is a good year.
20			Q.	Okay.  And in 1995; is that correct?
21			A.	Yes, sir.
22			Q.	And did you find -- do you know how
23	much your expenses were?
24			A.	Well, I know my profit range is
25	roughly 40 percent.
			Sandra M. Halsey, CSR, Official Court Reporter
						4248

	1			Q.	All right.  So out of two hundred and
	2	sixty thousand, you would net for yourself, one hundred
	3	thousand, or something like that?
	4			A.	Yes, somewhere around one hundred
	5	thousand dollars a year.
	6			Q.	Does this show federal adjusted tax,
	7	and adjusted gross income, of ninety-five thousand, two
	8	hundred and thirty-four dollars?
	9			A.	Yes, sir.
10				MR. DOUGLAS D. MULDER:  We will offer
11	into evidence what's been marked and identified as
12	Defendant's Exhibit No. 77.
13				MR. GREG DAVIS:  No objection.
14				THE COURT:  Okay.  Defendant's Exhibit
15	No. 77 is admitted.
16
17				(Whereupon, the items
18					Heretofore mentioned
19					Were received in evidence
20					As Defendant's Exhibit No. 77
21					For all purposes,
22					After which time, the
23					Proceedings were resumed
24					As follows:
25
			Sandra M. Halsey, CSR, Official Court Reporter
							4249

	1	BY MR. DOUGLAS D. MULDER:
	2			Q.	Now, Darin, by 1995 did you have the
	3	majority of your equipment paid for, in your business?
	4			A.	Yes, sir.
	5			Q.	Okay.  And, in the year of 1995, did
	6	you add equipment?  Did you add, for example, a laptop
	7	computer?
	8			A.	Yes, sir.
	9			Q.	All right.  Did you add forty-four
10	hundred dollars of miscellaneous equipment, and some
11	Proto-line software, in the amount of five hundred
12	dollars, and a computer and printer to the tune of
13	forty-seven hundred and thirty-six dollars, making a
14	total of equipment that you added in 1995 of eleven
15	thousand, one hundred and thirty-six dollars?
16			A.	Yes, sir, that is correct.
17
18				(Whereupon, the following
19					mentioned item was
20					marked for
21					identification only as
22					Defendant's Exhibit No. 77-A
23					after which time the
24					proceedings were
25					resumed on the record
			Sandra M. Halsey, CSR, Official Court Reporter
							4250

	1				 in open court, as
	2				 follows:)
	3
	4	BY MR. DOUGLAS D. MULDER:
	5			Q.	Okay.  And that is -- that equipment
	6	is listed in Defendant's Exhibits 77-A, which shows all
	7	of your depreciation schedules and things of that nature,
	8	doesn't it?
	9			A.	Yes, sir.
10			Q.	It's just the long version of 77?
11			A.	Yes, sir.
12			Q.	Okay.  Now, you had -- how many
13	employees in your business?
14			A.	I have one full time, myself, Darlie
15	and then I would add on some contract laborers as I
16	needed them, depending on how the flow was coming
17	through.
18			Q.	All right.  Who was your full time
19	employee?
20			A.	Barbara Jovell.
21			Q.	Is she the one also known as Basia?
22			A.	Basia, yes, sir.
23			Q.	Okay.  And how long has she work for
24	you?
25			A.	Four years.
			Sandra M. Halsey, CSR, Official Court Reporter
						4251

	1			Q.	All right.  Where had you met her?
	2			A.	At Cuplex.
	3			Q.	Okay.  And how long had she worked at
	4	Cuplex?
	5			A.	She was there for 12 to 14 years
	6	before me, so --
	7			Q.	All right.  Had she been terminated at
	8	Cuplex?
	9			A.	Yes, sir.
10			Q.	All right.  And, after she had left
11	Cuplex, had she been terminated at her next place of
12	employment?
13			A.	Yes, sir.  She doesn't get along with
14	people very well.
15			Q.	All right.  She got along with you?
16			A.	Yes, sir.
17			Q.	Okay.  You were in the office and she
18	did a lot of the testing?
19			A.	Yes, sir she did.
20			Q.	And you did testing as well?
21			A.	Yes, sir.
22			Q.	And Darlie did?
23			A.	Yes, sir.
24			Q.	You didn't depend on Ms. Jovell to
25	sell your services to other companies?
			Sandra M. Halsey, CSR, Official Court Reporter
							4252

	1			A.	No, sir, that was my job.
	2			Q.	All right.  And you didn't depend on
	3	Ms. Jovell to do your books, or handle your accounts
	4	receivable, or --
	5
	6				MR. GREG DAVIS:  Your Honor, I'm going
	7	to object to this as being leading.  If the witness could
	8	please just testify.
	9				MR. DOUGLAS D. MULDER:  Did you --
10				THE COURT:  Sustained.  Please,
11	rephrase your question.
12				MR. DOUGLAS D. MULDER:  Yes, sir.
13
14	BY MR. DOUGLAS D. MULDER:
15			Q.	Did you count on Ms. Jovell to do your
16	accounting and to keep your books, and --
17			A.	No, sir, she doesn't know -- she
18	didn't write or read very well.
19			Q.	Okay.  She is from Poland, isn't she?
20			A.	Yes, sir.
21			Q.	Okay.
22			A.	But I don't hold that against her.
23			Q.	Well, she was a good worker, I assume?
24			A.	She was a very good worker.
25			Q.	And, you got along with her?
			Sandra M. Halsey, CSR, Official Court Reporter
						4253

	1			A.	Yes, sir, I tried.
	2			Q.	Were you about the only one that
	3	could?
	4			A.	At times, yes.
	5			Q.	Okay.
	6			A.	She is very demanding.
	7			Q.	I'll ask you if, as you progressed in
	8	business and your business prospered, if she became
	9	somewhat jealous of Darlie?
10			A.	Well, I think the fact that because
11	Darlie had a new baby, and, you know, we were mainly
12	taking up the slack and I was taking over a lot of things
13	that Darlie was doing at the shop, because she was
14	spending time with the baby.  I think she was a little
15	bit jealous because of the fact, that of course, my
16	income went up, and I was trying to balance things out,
17	to where -- I think she felt a lot of times that she
18	deserved to be making as much money as I did.  And I can
19	kind of understand that, but at the same time, I'm the
20	one who is taking all of the financial risks, and it's
21	kind of hard to understand, unless you are self-employed,
22	to understand how that -- kind of how it all works.  But
23	I did pay her ten dollars an hour, and I thought at that
24	point, that was fair.
25			Q.	Well, that was a raise for her from
			Sandra M. Halsey, CSR, Official Court Reporter
						4254

	1	what she had been making, wasn't it?
	2			A.	Yes, sir, that is the highest pay she
	3	has ever gotten.
	4			Q.	Okay.  During the year of 1995 you had
	5	acquired some -- you bought a boat, did you?
	6			A.	Yes, I did.
	7			Q.	All right.  And you bought a -- did
	8	you have to pay anything down on the boat?
	9			A.	No.
10			Q.	Just signed the note?
11			A.	Yeah, I just signed the note.
12			Q.	Okay.  And do you recall approximately
13	how much that was per month?
14			A.	It was about three hundred and
15	forty-two dollars or something like that.
16			Q.	Okay.
17			A.	I'm not exactly sure, but it was in
18	the rough range of three hundred and forty to three
19	hundred and fifty dollars.
20			Q.	Okay.  And you had bought a car that
21	you drove, a Jaguar, had you not?
22			A.	Yes, sir, I had an '86 Jaguar.
23			Q.	All right.  And how were you paying
24	for that?
25			A.	No, I paid cash for that.
			Sandra M. Halsey, CSR, Official Court Reporter
						4255

	1			Q.	All right.  Was that an expensive car,
	2	or how much did you pay for it?  Do you remember?
	3			A.	I paid ten thousand, eight hundred
	4	dollars for it.
	5			Q.	Okay.  So that was paid for?
	6			A.	Yes, sir.
	7			Q.	All right.  When had you bought the
	8	home at 5801 Eagle Drive?
	9			A.	Oh, it's been four years ago, in '92,
10	the end of '92 or '93.
11			Q.	Okay.  Do you remember approximately
12	how much you paid for that home?
13			A.	Well, with upgrades and everything, it
14	was roughly around one hundred and thirty-one thousand.
15			Q.	Okay.  And, had you put some money
16	into it?
17			A.	Oh, yes, sir.
18			Q.	Okay.  Had you done a lot of the work
19	on it yourself?
20			A.	I redid the stairs.  I put hardwood
21	floors upstairs.  I did the ceramic tile, the vinyl tile.
22	We had done all of the curtains, I had taken all the old
23	stairs out and put hardwood floors going all the way up
24	it.
25			Q.	Did you do that work yourself?
			Sandra M. Halsey, CSR, Official Court Reporter
							4256

	1			A.	Yes, sir, I did all of the work
	2	myself.
	3			Q.	Okay.
	4			A.	It's kind of a hobby.
	5			Q.	Okay.  And Darlie helped you?
	6			A.	Yes, sir.
	7			Q.	But you didn't have to pay someone to
	8	come in and do that work?
	9			A.	No, I did it all.
10			Q.	Okay.
11			A.	I did have somebody come in and show
12	me how to put the hardwood floors down, but once he got
13	me started, I could do the rest.
14			Q.	Okay.  Darin, how did you pay
15	yourself?  Monthly, or every other week, or weekly?
16			A.	Well, I just kind of -- a lot of the
17	aspects that I put into my business, was what me and
18	Basia were both used to, and that was getting paid on
19	every Friday.  So, I would pay myself either a thousand,
20	or up to fifteen hundred dollars a week, depending on,
21	you know, what bills I had coming up, for that particular
22	month.
23			Q.	Okay.  The work that you did on your
24	house, approximately how much was that, when you put in
25	hardwood floors, and the ceramic tiles, and things like
			Sandra M. Halsey, CSR, Official Court Reporter
						4257

	1	that?
	2			A.	In materials?
	3			Q.	Yes.
	4			A.	I really couldn't even tell you.
	5			Q.	Did you pay cash for that or pay for
	6	that as you when along?
	7			A.	Yes, most of it -- actually, it took
	8	us a little over a year and a half to pay for the
	9	curtains that we had done in one of the rooms.  So, we
10	would just kind of -- it's like paying a credit card,
11	except, for we were paying these people that were going
12	to do to work for us, so that we would not have to use
13	any credit or borrow any money to do it.
14			Q.	Okay.
15			A.	I think the materials for the hardwood
16	floor, in one room, were like twelve or thirteen hundred
17	dollars, and I would save up, and save up, and then we
18	would have the money to go and get those materials.
19			Q.	All right.  Now, when was your third
20	son, Drake, born?
21			A.	He was born in October.
22			Q.	Of 1995?
23			A.	Yes, sir.
24			Q.	Okay.  Sometime after Drake was born,
25	did you notice that Darlie was -- had the blues to some
			Sandra M. Halsey, CSR, Official Court Reporter
						4258

	1	degree?
	2			A.	She did for a couple days.
	3			Q.	Okay.
	4			A.	But soon after, she got right over it.
	5			Q.	All right.  And, did that concern you
	6	at all?
	7			A.	Not really.
	8			Q.	Okay.
	9			A.	I mean, you kind of have to understand
10	what the circumstances was.  I was kind of getting in
11	a -- I, myself, was even kind of getting into a little
12	bit of a lazy mode.  It was the beginning of the summer.
13	I have this real bad habit about wanting to sleep late.
14	I like to stay up.  I worked the second shift for about
15	four years.  So, my day kind of doesn't get started until
16	about noon.
17			Q.	Okay.
18			A.	So --
19			Q.	What time do your packages get there
20	from UPS?
21			A.	Well, they don't get there until 10:00
22	o'clock, so my day really doesn't start until 10:00.
23			Q.	Okay.  Well, how does your work come
24	in?
25			A.	It all comes in from out of state.
			Sandra M. Halsey, CSR, Official Court Reporter
						4259

	1	And then --
	2			Q.	Does it come by mail?
	3			A.	Yes, UPS, Fed Ex, you know, Priority
	4	One.  We get a lot of our packages in.  I don't have very
	5	many local customers any more.  So, most of our stuff --
	6	we get a lot of things from Houston.
	7			Q.	Okay.  It comes from out of town?
	8			A.	Yes, sir.
	9			Q.	Now, let me direct your attention,
10	Darin, to May 3rd, of 1996.  I'll ask you if you were at
11	work and Darlie called?
12			A.	Yes, sir.
13			Q.	Okay.  And do you recall the date that
14	I'm talking about?
15			A.	I didn't realize what day it was.
16			Q.	All right.  Did Darlie call you, and
17	as a result of her phone call, did you go home?
18			A.	Yes, sir, I did.
19			Q.	All right.  And, what did you find
20	when you went home?
21			A.	Darlie was laying on the bed, and the
22	baby was in the crib, and she was crying, and she was
23	writing into a journal.
24			Q.	All right.  And, was that a -- was she
25	writing into the journal a note, or a letter that has
			Sandra M. Halsey, CSR, Official Court Reporter
						4260

	1	since been called by some as a suicide note?
	2			A.	I personally never read the letter, so
	3	I don't really know.  I mean, that was her private diary,
	4	and I can respect the fact that a woman has a diary, and
	5	that she can write into it whatever she wants.
	6			Q.	All right.  Did you have a discussion
	7	with Darlie when you got home?
	8			A.	Yes, we did.
	9			Q.	Okay.  And, tell the jury what your
10	discussion was, and how you happened to go home?
11			A.	Well, she -- she called me at work,
12	and she called me about 2:30 or 3:00 o'clock, and I was
13	really busy at work, and she said that --
14			Q.	Could you tell from the tone of here
15	voice that --
16			A.	That she was blue.
17			Q.	All right.
18			A.	I mean, it's not unusual for somebody
19	to -- but it's really unusual for her to tell me that,
20	you know, that she needs me home, that, "I need you to
21	come home and help me with the kids."
22			Q.	Well, did you go home?
23			A.	Yes, sir, I did.
24			Q.	And when you got there she was there
25	on the bed, writing into her journal?
			Sandra M. Halsey, CSR, Official Court Reporter
						4261

	1			A.	She was writing into her journal, and
	2	she was crying, and I went over to the bed with her, and
	3	I asked her what was wrong, and she just said that she,
	4	you know, was just really feeling bad.
	5			Q.	Why was she upset and why was she
	6	feeling bad?
	7			A.	I don't exactly really know, but I do
	8	know that she had been breast feeding the baby, and she
	9	had quit breast feeding him.
10			Q.	Well, Drake was now, what, eight or
11	nine months old?
12			A.	No, he wasn't that old.  She quit
13	breast feeding Drake when he was about four months old.
14	So, I don't know, it was just, kind of, one of those
15	situations where a husband knows when his wife is telling
16	him that -- you know, "I need you to come home."
17				And I said, "Baby, I'll see you when I
18	get there at five o'clock."
19				And she said "You'll see me."
20				And I just -- it just hit me where I
21	need to go home.  I need to go home because something is
22	either wrong, or she just needs some help.
23				And so, I went straight home, and when
24	I got there, she was laying on the bed writing in her
25	journal, and she was crying, and we talked about it for a
			Sandra M. Halsey, CSR, Official Court Reporter
						4262

	1	little while, and then --
	2			Q.	What was said?
	3			A.	-- that was it.
	4			Q.	What did y'all talk about?
	5			A.	We just talked about the fact that she
	6	said that she needed me to spend more time with the kids.
	7	That she needed me not to be so concerned about working
	8	so much.
	9				That she did not want me to be like my
10	father and be a workaholic, because my father works from
11	the time he wakes up, until the time he goes to bed.
12				And, I was kind of leading down that
13	same path, and that is what she was mainly concerned
14	about.  That I need to spend more time, you know, being
15	able to play ball, and being able to, you know, do the
16	fun things, which a lot of that came with the boat, you
17	know, and taking them snow skiing, and things like that.
18	So --
19			Q.	Okay.  Did she have any pills that she
20	was going to take at that time?
21			A.	I think she had some sleeping pills,
22	but I don't know if she was really going to take them or
23	not.
24			Q.	Did you think she was serious about
25	committing suicide?
			Sandra M. Halsey, CSR, Official Court Reporter
						4263

	1			A.	No.  If she was, I would have gotten
	2	her help.  I wouldn't have hesitated.
	3			Q.	Did you stay home with her the next
	4	day or go to work?
	5			A.	I went on to work.
	6			Q.	Okay.  And, any more --
	7			A.	We had a long -- we had a good, long,
	8	hard, cry, and then that seemed to -- the next day was a
	9	whole new day, and everything was fine.
10			Q.	Okay.   Did she seem to perk up?
11			A.	Oh, very much so.  In about two days,
12	I know she had her first menstrual cycle that she hadn't
13	had in over a year.
14			Q.	All right.  And did that --
15			A.	That seemed to release everything that
16	was -- seemed to be bothering her.
17			Q.	Was she her old self again?
18			A.	Yes, sir.
19			Q.	Was she generally upbeat?
20			A.	Yeah, she takes care of a lot of
21	things around the house.  She is usually very on top of
22	everything.  And, you know, she loves all the children
23	and all of the kids in the neighborhood, and they all
24	love her.  As a matter of fact, they are wanting to be
25	here really bad.
Sandra M. Halsey, CSR, Official Court Reporter 
	4264

	1			Q.	Now, what was her relationship with
	2	your sons?
	3			A.	The most loving, caring woman I have
	4	ever seen.  She was the caretaker.  The person who took
	5	care of the kids.  Made sure that they got bathed, and
	6	they got fed.  She loved them with all of her heart.
	7	They were -- our whole lives revolved around those
	8	babies.  And that --
	9			Q.	You took them on trips, and did things
10	with them on the weekends, and did things with them at
11	night?
12			A.	Yes.  Every -- for the last seven
13	years we went to Vietnamese, which is a Vietnamese
14	restaurant, and we would take them to a dollar move.  We
15	could all go out for about 12 dollars, and I mean, just
16	have a blast.
17				They liked a lot of different
18	cultures, and we tried to initiate those different
19	cultures with them with food, because in the United
20	States that a lot of the time is the only thing that we
21	have to teach them with.
22				So they really enjoyed just about
23	everything that we did.
24				We didn't like leaving them with
25	sitters, we liked to take them with us.  And, they
			Sandra M. Halsey, CSR, Official Court Reporter
						4265

	1	enjoyed -- they behaved.  Every time we went to the
	2	movies, because they had been going to the movies ever
	3	since they were, you know, babies, you know, ever since
	4	they were in the little car seat.
	5			Q.	Okay.  I'm going to direct your
	6	attention to Wednesday, June 5th of 1996.  And I'll ask
	7	you if you went to work that morning?
	8			A.	Yes, sir, I did.
	9			Q.	All right.  And did you drive your
10	car or did you drive Darlie's car?
11			A.	My car was in the shop, my Jaguar had
12	broke down the day before.
13			Q.	All right.  What happened to the
14	Jaguar?
15			A.	Oh, something was wrong with the
16	transmission.  It ended up being a little three dollar
17	hose.
18			Q.	Okay.  And, so you left your home that
19	morning, and you went to work in her Nissan Pathfinder?
20			A.	Yes, sir.
21			Q.	Okay.  And you worked all day, did
22	you?
23			A.	Yes, sir, I did.
24			Q.	Okay.  About what time did you finish
25	work?
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							4266

	1			A.	Right around 5:30.
	2			Q.	All right.  And, did you come directly
	3	home or did you go somewhere or what?
	4			A.	No, actually Dana was with me,
	5	Darlie's sister.  And, we came straight home.  I was
	6	bringing her home, because she didn't have a car yet.
	7			Q.	Okay.  Had Basia left before you did?
	8	Left work before you did?
	9			A.	Yes, sir.  She leaves at five o'clock
10	right on the dot.
11			Q.	Okay.  And, was her mother working
12	there at y'all's house?
13			A.	Yes, sir.
14			Q.	Helping Darlie out?
15			A.	Yes, she had only been working there a
16	couple of days.
17			Q.	All right.  And, when you arrived
18	home, was Basia and her mother still there?
19			A.	Yes, sir, they were.  They were parked
20	where I normally park my truck.
21			Q.	Okay.
22			A.	Right in front of the house.
23			Q.	Well, why did you park your -- are you
24	talking about the Nissan Pathfinder?
25			A.	Yeah, we live on a cul de sac, and a
			Sandra M. Halsey, CSR, Official Court Reporter
						4267

	1	lot of kids, including mine, would run back and forth
	2	across the cul de sac, and a lot of people were always
	3	concerned, and asking me why did I park my truck there,
	4	wasn't I afraid that somebody was going hit my truck.
	5				And, I'm like, "I would rather them
	6	hit my truck than to hit my kids."
	7			Q.	Okay.
	8			A.	And, I always parked the truck
	9	right out in front, just because -- just for that reason.
10			Q.	Where -- I'm showing you what's been
11	marked and admitted into evidence as State's Exhibit No.
12	8.  Would you show the jury where you would park your
13	truck?
14			A.	Right there on the front.
15			Q.	All right.
16			A.	Right there by the mailbox.
17			Q.	All right.
18			A.	See, it would slow people down as they
19	came around this corner.
20			Q.	All right.
21			A.	Sometimes people are going around this
22	corner going forty miles an hour, because that was a wide
23	turn.
24			Q.	Okay.  And that is the reason that you
25	parked there?
			Sandra M. Halsey, CSR, Official Court Reporter
						4268

	1			A.	Yes, sir.
	2			Q.	Okay.  You said Basia was there?
	3			A.	Yes, sir, she was parked in the place
	4	that I normally park my car, so I parked on the side,
	5	about where that white car is.
	6			Q.	Okay.  And I'll ask you, if, as you
	7	parked your vehicle, you noticed a black car that was
	8	driving as you -- what you --
	9			A.	A black car came behind me, it came
10	around the corner.
11			Q.	At an excessive rate?
12			A.	Yes, sir, probably 30 to 35 miles an
13	hour.
14			Q.	Okay.  And, you thought that was too
15	fast for the circumstances?
16			A.	Yes, sir, I always think it's too fast
17	when it's around my house.
18			Q.	Okay.  When you went into the house,
19	did you say anything to Darlie, or did y'all discuss the
20	black car?
21			A.	Well, she said something about the
22	fact that Helena had seen it, and they were looking into
23	our garage.  And, I heard it, but I didn't really listen
24	to it, you know, just kind of -- might have been either
25	into kind of a hectic moment, or, I just really didn't
			Sandra M. Halsey, CSR, Official Court Reporter
							4269

	1	even think twice about it.
	2			Q.	Okay.  Had you talked to a neighbor
	3	approximately one week earlier, about a black car, that
	4	was parked in that turn, where they were surveilling your
	5	house?
	6			A.	Yes, sir, Karen, across the street,
	7	told me that the car was --
	8
	9				MR. GREG DAVIS:  I'm going to object
10	to that as being hearsay.
11				THE COURT:  Sustained.  Sir, just
12	testify to what you actually know.
13				MR. DOUGLAS D. MULDER:  You can't
14	testify as to what Karen --
15				THE COURT:  Just a minute.  Not what
16	anybody else said.  Is that clear?
17				THE WITNESS:  Okay.
18				THE COURT:  All right.  Go ahead.
19
20	BY MR. DOUGLAS D. MULDER:
21			Q.	Did you talk with Karen about a black
22	car?
23			A.	Yes, sir, I did.
24			Q.	Okay.  Now, was that approximately
25	seven or eight days before June the 6th?
			Sandra M. Halsey, CSR, Official Court Reporter
						4270

	1			A.	Yes, sir.
	2			Q.	Okay.  Now when you arrived home,
	3	where were the boys?
	4			A.	They were outside playing, riding
	5	their bikes out on the street.
	6			Q.	Okay.  And --
	7			A.	On the sidewalk, they were not allowed
	8	to ride their bikes on the street.
	9			Q.	Okay.  And, were they called in, or
10	what did you do in preparation for supper that evening?
11			A.	We called them in, and they both put
12	their bikes back up in the garage, and we came in, and we
13	ate chicken noodle soup, and Darlie had made homemade
14	bread, when Helena was there, and, Helena was going to
15	teach Darlie some new dishes from Poland.
16			Q.	Okay.  Basia and Helena had gone; had
17	they not?
18			A.	Yes.  They left as soon as I drove up.
19			Q.	Okay.  So, who was there to eat super
20	with y'all?
21			A.	Me and Darlie, and both of the boys,
22	and the baby, and Dana, Darlie's sister.
23			Q.	Okay.  What happened after y'all
24	finished supper that evening?
25			A.	Well, I went outside.  We were talking
			Sandra M. Halsey, CSR, Official Court Reporter
							4271

	1	about -- see, we had this little Pomeranian dog, and we
	2	had bred him the day before, and he was really pretty
	3	hyper.  And she had asked me to go out, and asked me if I
	4	would fix the fence, because the kids were going in and
	5	out of it, and it was real hard to kick, and it was
	6	dragging the sidewalk.
	7				And so, I went out, and I got all of
	8	my tools out of my shed, and I cut it, and I shaved it
	9	off a little bit, so that I could make the fence fit the
10	latch better.
11				Prior to that, we always just had,
12	like a big old bag of mulch just thrown up against the
13	side of it, to keep the dogs from being able to go, but a
14	little dog like that, he can get through a hole this big.
15	(Witness indicating.)
16			Q.	Okay.
17			A.	So, I was trying to get the back yard
18	ready, to be able to put the dog back there.
19			Q.	Okay.  All right.  And, what did you
20	do, after -- were you successful in getting the gate
21	fixed?
22			A.	Yes, sir, I got the latch all lined
23	back up, and I got it to where the gate would swing back
24	and forth, without dragging.
25			Q.	Okay.  It would swing back and forth,
			Sandra M. Halsey, CSR, Official Court Reporter
						4272

	1	so that you wouldn't have to push it with your foot?
	2			A.	Yes, sir.
	3			Q.	Okay.  What did do you next?
	4			A.	Well, I came inside, and we played
	5	around on the floor a little bit, and I played with the
	6	baby.
	7				The reason why, like I was saying
	8	before, the hardwood floor is upstairs, and the tile
	9	floors -- when you have a six month old baby, you can't
10	have a baby running around on a hard floor when he is
11	crawling.
12				So, all of a sudden, this room that we
13	had downstairs, we called it the Roman room.  And, that
14	was kind of a place where the baby could crawl around on
15	the carpet, and the boys could lay out on the floor, and
16	it wasn't kind of -- you know, it wasn't hard, and you
17	didn't have to sit up on the furniture or anything.
18				So, that is kind of the main reason
19	why we were using that room so much.
20			Q.	Okay.  Played with the baby for a
21	while?
22			A.	Played with the baby for a little
23	while.
24			Q.	Okay.
25			A.	And, we just talked and kind of
			Sandra M. Halsey, CSR, Official Court Reporter
						4273

	1	visited a little bit, and then I took Dana home, at about
	2	9:30.
	3			Q.	Did you have occasion to work in the
	4	garage at all?
	5			A.	Yeah.  We had been talking, I guess
	6	after supper, about the fact that we were possibly going
	7	to have a garage sale, but we were not sure if we were
	8	going the have it before we went to Pennsylvania, because
	9	we were supposed to go to Pennsylvania on the 14th.
10				So, we were out in the garage, and we
11	were kind of -- had been separating it.  We had a lot of
12	stuff to sell, we had a lot of junk, and a lot of stuff
13	that we wanted to keep.
14				And, we wanted to be able to separate
15	what we were going to keep, and what we wanted to try to
16	sell.  And, Darlie was working on trying to get the tags
17	and everything made up, so that we could kind of get rid
18	of some of that stuff.
19			Q.	All right.  How were you arranging the
20	stuff in the garage?
21			A.	Well, we were just putting what we
22	wanted to keep on one side, and what we wanted to get rid
23	of on the other.
24			Q.	Okay.  Was the garage door up or down?
25			A.	The garage door was up while we were
			Sandra M. Halsey, CSR, Official Court Reporter
						4274

	1	working, and I kind of -- Darlie had worked on it for a
	2	while, earlier in the week, and then, I was kind of going
	3	through it, to see what she was going to sell, that I
	4	probably wanted to keep.
	5				So, I was going out there to make sure
	6	that I was going to be able to kind of hold some of my
	7	stuff back, and at least hide it.
	8			Q.	Okay.
	9			A.	So, but you know, it was real hot.  I
10	mean, it seemed like it was in that garage, it seemed
11	like it was about 106 or 108 degrees.  It was extremely
12	hot.
13			Q.	Okay.  Were the windows up or down?
14			A.	One of windows was up, probably six
15	inches -- six to eight inches over by the cat cage.  And,
16	we had kind of talked about getting into breeding cats,
17	and I had bought Darlie two cats for Christmas.
18			Q.	Darlie was an animal lover, wasn't
19	she?
20			A.	She has a lot of animals.  She still
21	does.  They are out at the farm.
22			Q.	Okay.  Anyway you talked about getting
23	into the cat breeding business?
24			A.	Right.  And I had built this cage,
25	that was huge, I mean, it's probably four foot by
			Sandra M. Halsey, CSR, Official Court Reporter
						4275

	1	probably seven feet tall, and I had built it -- actually
	2	Julie -- y'all met Julie, she is a big animal person too,
	3	and so she kind of told me how, actually, me and her
	4	worked on it quite a bit.
	5			But we made it where it was bi-level
	6	so we could have one cat on the top, and one cat on the
	7	bottom.  And we made it so that we could -- when they had
	8	their babies, we could secure them down in the bottom,
	9	and we were going to put lamps and everything inside of
10	them to keep them warm, and --
11			But we had this cat, this black cat,
12	that was -- he is just really a weird cat.  He has got
13	fur about that long.  (Witness indicating.)
14			And, his name is Bear.  And he is a
15	full-blooded Persian.  And that cat didn't like nobody.
16	I mean, the kids wouldn't come around that cat for
17	nothing.  I mean, he would just hiss at you, like he was
18	going to come out of that cage any minute.
19		        Q.	Okay.  Was he kept in the garage when
20	it --
21		        A.	He was kept in the garage, and Darlie
22	ended up going and buying another cage to put inside of
23	the house, because it was cruelty to that cat, to be
24	stuck out there in the garage, when it's a hundred
25	degrees, and it was probably 120 degrees on his skin,
			Sandra M. Halsey, CSR, Official Court Reporter
					4276

	1	because it was so hot out there.  And --
	2			Q.	So the cat stayed inside?
	3			A.	We ended up bringing the cat in.  She
	4	went and bought another cat cage, and we had it inside
	5	the house.
	6			Q.	Okay.
	7			A.	So that it could get some air
	8	conditioning.
	9			Q.	Okay.  Do you know how close the
10	screens -- you said on the one window, the window was up?
11			A.	No, the window was down.  No, it was
12	within six inches from being closed.
13			Q.	All right.  And how close was the
14	window to the screen itself?
15			A.	Probably an inch.
16			Q.	Okay.  Now, when you went inside,
17	after you had finished your sorting there in the garage,
18	you went inside, did you?
19			A.	Yes, sir, I did.
20			Q.	And, was the window still up six
21	inches or so?
22			A.	Yeah, I didn't put the window back
23	down.
24			Q.	Okay.   And you came inside, and about
25	what time was that, as best you recall, Darin?
			Sandra M. Halsey, CSR, Official Court Reporter
						4277

	1			A.	Well, I remember I took Dana home
	2	right around 9:30.
	3			Q.	All right.  So it would have been
	4	dark?
	5			A.	Yeah, I'm sure it was.
	6			Q.	Okay.  With all of that stuff in the
	7	garage, could you keep your car in the garage?
	8			A.	No.  Our garage was cram packed full.
	9			Q.	All right.  Where would you keep the
10	Jaguar parked?
11			A.	Around the back.  Outside.
12			Q.	Okay
13			A.	Just in the driveway.
14			Q.	All right.  So if someone wanted to
15	know whether or not you were there or not, they could
16	drive by and see whether or not your Jaguar was there?
17			A.	They could see my car from the street.
18			Q.	Okay.  But your car was never parked
19	in the garage itself?
20			A.	No, sir.
21			Q.	And Darlie's car -- she always drove
22	the Pathfinder; didn't she?
23			A.	Yes, sir.
24			Q.	Okay.  She didn't like to drive the
25	Jaguar, did she?
			Sandra M. Halsey, CSR, Official Court Reporter
						4278

	1			A.	No, she hated the Jag.
	2			Q.	Okay.
	3			A.	She was always afraid it would break
	4	down on her.
	5			Q.	All right.  About what time did you
	6	return from taking Dana home?
	7			A.	Oh, about 10:15 or so.
	8			Q.	Okay.  And was -- what was Darlie
	9	doing when you got home?
10			A.	She was watching TV.  She was -- laid
11	down on the couch downstairs, and Devon was asleep in
12	front of the big screen TV.
13			Q.	You say Devon was asleep in front of
14	the big screen TV?
15			A.	Yes, Devon was asleep in front of --
16	yeah, the big screen TV.
17			Q.	Okay.
18			A.	And Damon was kind of curled up, with
19	one -- we had a little black kitty about this big, and,
20	he was kind of curled up, right next to Damon on a
21	blanket.  But Damon was still kind of awake.
22			Q.	Okay.  And the TV was on?
23			A.	Yes, the TV was on, and she was
24	watching something on HBO.
25			Q.	Okay.  Where was the baby?
			Sandra M. Halsey, CSR, Official Court Reporter
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	1			A.	The baby was asleep on Darlie's chest.
	2			Q.	Okay.
	3			A.	And he was kind of -- not sleeping
	4	real, real good, so you had to be -- I was going to take
	5	him back upstairs, and I went and got a bottle, and then
	6	I took him from Darlie, and then I went upstairs and I
	7	watched the news for a little while.  And I held him in
	8	the rocking chair, and I watched TV for a little while in
	9	the TV room.
10			Q.	Okay.  Would he make noises at night?
11			A.	Yeah, he would grunt.  Do you know
12	what that is?  (Witness demonstrates noise.)  He would
13	grunt, he would kind of get in the blankets, and he would
14	wiggle, and you know, make the whole bed shake.  He would
15	get really restless with all of those blankets and stuff
16	around him, and the little animals -- the stuffed animals
17	and things that were in the crib.
18			Q.	Did he like to sleep under blankets?
19			A.	Yes, sir.
20			Q.	I mean, with his head under the
21	blanket as well.
22			A.	Yeah, that is how you got him to go to
23	sleep.  He had to be in complete darkness.  He is still
24	like that.
25			Q.	You mean right now?
			Sandra M. Halsey, CSR, Official Court Reporter
						4280

	1			A.	Yes, sir.
	2			Q.	Okay.
	3			A.	Actually now he kicks them off a
	4	little more than what he used to, but he is a lot bigger
	5	than he was then too.
	6			Q.	He was a big boy back then, wasn't he?
	7			A.	Yeah.  All of my boys were big.
	8			Q.	All right.  But, back in June he
	9	weighed 18 pounds, didn't he?
10			A.	Yes, about 18 pounds.
11			Q.	And he would only be eight or nine
12	months old?
13			A.	Yes, sir, and he also had four teeth
14	when he was -- you know -- all my boys were almost born
15	with teeth.  You know, a full head of hair, and were
16	cutting teeth, almost from the time they were born.
17			Q.	Was he -- was Drake pulling himself up
18	at that age?
19			A.	Yes, sir, that is the reason why he
20	was -- he was really unbalanced, you know.  You watch a
21	little kid, especially going through that time, he would
22	very easily grab a hold of something, and pull himself
23	up.
24				We always were kind of told by some of
25	the doctors -- well, see, my oldest son, Devon, he
			Sandra M. Halsey, CSR, Official Court Reporter
						4281

	1	started walking at six months and that is really early.
	2	That is way too early.
	3				And, they were afraid that his feet
	4	would start to turn in or out, and he walked before he
	5	could crawl, and so they told us to put some shoes on
	6	him, and get him to where he would stay on the floor.
	7				And so, we were kind of afraid that
	8	Drake was going to be that way too, because he is very
	9	physically -- he is very strong.
10			Q.	Okay.
11			A.	Stronger than he probably should be.
12			Q.	All right.  How long did it take you
13	to -- once you got him upstairs and put him in his crib,
14	and gave him his bottle; how long did it take you to get
15	him down and asleep?
16			A.	Probably 30 -- 30 minutes or so.  I
17	watched the news.  Darlie doesn't like to watch the news.
18	So, I watched the news up there with him for a little
19	while, and I finally got him to go to sleep.  I put him
20	in his crib, and put his blankets on him, and he finally
21	went to sleep, and then I went back downstairs.
22			Q.	All right.
23			A.	And I talked to Darlie for a little
24	while.
25			Q.	Okay.  Were the boys asleep by that
			Sandra M. Halsey, CSR, Official Court Reporter
						4282

	1	time?
	2			A.	Yes.  Damon had fallen asleep.  They
	3	had played pretty hard all day.
	4			Q.	Okay.
	5			A.	Riding their bikes and roller blading,
	6	and all of that.
	7			Q.	Okay.
	8			A.	Everybody knows who has kids knows
	9	that the garage is kind of a toy box for kids.  I mean,
10	you raise the garage door up in the morning and that's
11	where all of their toys are.  So, they had bicycles, and
12	roller blades, and all of their toys and all of their
13	balls, and all of that stuff in the garage.
14			Q.	Okay.  You came back downstairs?
15			A.	Yes, sir.
16			Q.	And, did you visit with Darlie?
17			A.	Yeah, we talked about our upcoming
18	trips.  Things that we had planned that were coming up
19	that next week.
20			Q.	What did you have coming up?
21			A.	Well, the 14th we were supposed to go
22	to Pennsylvania.
23			Q.	Had you already purchased your
24	tickets?
25			A.	Yes, sir, we did.  We purchased
			Sandra M. Halsey, CSR, Official Court Reporter
						4283

	1	them -- started talking about going to Pennsylvania back
	2	in January.  And we had purchased our tickets, but we
	3	hadn't finished paying for them yet.  But, we also had a
	4	trip planned.  Darlie was planning a trip to go to Cancun
	5	with her friend, and one of her girlfriend's daughter was
	6	fixing to go into the Air Force, and so they were talking
	7	about taking a quick weekend trip.
	8				We had talked about going to my 10th
	9	year high school reunion.
10			Q.	That would be in Lubbock?
11			A.	Yes, sir.  And, only 16 people showed
12	up.  And, also, you know, my sister was getting married
13	too.  And so, we had a lot of plans.  We had a whole
14	summer full.  We had a lot of plans to make.
15			Q.	When was your sister getting married?
16			A.	Oh, I knew you would ask me that.
17			Q.	That fall?
18			A.	Well, if -- let's see, it was probably
19	the 26th.
20			Q.	Of August?
21			A.	Yeah.
22			Q.	Okay.  Were your boys, Devon and
23	Damon, to be --
24			A.	Ringbearers.  Yeah, they were going to
25	be ringbearers and --
			Sandra M. Halsey, CSR, Official Court Reporter
						4284

	1			Q.	Was Darlie making anything?
	2			A.	Yeah, she was making the pillows for
	3	them that they were going to carry.
	4			Q.	Did y'all talk about that?
	5			A.	And on mine and Darlie's 10th
	6	anniversary, we're having a -- we're going to get
	7	remarried.
	8			Q.	Okay.  Did you discuss that?
	9			A.	Yes, sir, we did.
10			Q.	Okay.  Did you discuss -- there's been
11	some talk that you had sixty-four dollars in the bank.
12	Could you carry off all of this stuff with sixty-four
13	dollars in the bank?
14			A.	No, sir.
15			Q.	Well, what --
16			A.	Well, I had roughly seventy-eight
17	hundred dollars in my business account.  So, that just
18	means that Friday hadn't came, and I hadn't paid myself
19	yet.
20			Q.	Okay.  How much did you have at that
21	time in accounts receivable in your business?
22			A.	Between 18 to 20 thousand.
23			Q.	Okay.  So you had about eight thousand
24	in your business account?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
							4285

	1			Q.	And, another twenty thousand on the
	2	books?
	3			A.	Yes, sir.
	4			Q.	So you had close to thirty thousand,
	5	access to it if you wanted it?
	6			A.	I had plenty of money.
	7			Q.	Okay.  All right.
	8			A.	We were talking about what we were
	9	going to have to do, and what plans we were going to have
10	to make for me to be gone.  Normally we always take two
11	vacations every year.  We take one on our anniversary, as
12	a gift to each other.  And then we take another one.
13			Q.	How long are you usually --
14			A.	For our anniversary we're only gone
15	for the weekend.
16			Q.	All right.
17			A.	I mean, sometimes we will take off
18	like late Thursday night, and take a Friday, Saturday and
19	Sunday, and back Sunday night.  So, I can't usually take
20	off -- if I'm not working -- people do business with me,
21	because of me, not because of what I do.
22			Q.	Okay.  Do you have contracts with the
23	people that you do business with?
24			A.	No, sir.  I do everything on a
25	handshake.
			Sandra M. Halsey, CSR, Official Court Reporter
						4286

	1			Q.	Okay.  You ever have trouble
	2	collecting the money from them?
	3			A.	No, sir.  Well, sometimes, just a
	4	little bit.
	5			Q.	Well, they might be slow, but you know
	6	you are going to get it?
	7			A.	Right.  I usually look at it as I
	8	don't like people to beg money from me, and so, I don't
	9	want to beg them giving money to me, and so I don't like
10	to ask them for work, and then come right back, and say,
11	"But I need get paid."
12				I do a lot of work for a lot of big
13	companies, Lockheed, NASA, McDonnell Douglas.  We do
14	stuff for the Air Force, we do stuff for the Army.  We do
15	stuff for everybody.
16				So, just because they are slow pay,
17	doesn't mean that you are not going to get paid.
18			Q.	All right.  And that 18 to 20 thousand
19	that was on the books at that time, have you since
20	collected that?
21			A.	Yes, sir, plus some.
22			Q.	Okay.  So, how long did you talk with
23	Darlie, when you came back downstairs after you put Drake
24	in the crib?
25			A.	Well, we talked until about midnight
			Sandra M. Halsey, CSR, Official Court Reporter
						4287

	1	and, kind of talked about a lot of different things, the
	2	things we were going to have to plan.  And then, I was
	3	going to go up and check on him and he (sic) said -- she
	4	asked me if I would go up and get her a blanket and a
	5	pillow, and so I did.
	6			Q.	Okay.
	7			A.	And I came back down.
	8			Q.	What sort of pillow did you get for
	9	her?
10			A.	It's a maroon pillow with little green
11	diamonds on it, and gold trim.  It matches our comforter
12	that --
13			Q.	Okay.
14
15				MR. DOUGLAS D. MULDER:  Do you know
16	where that pillow is?
17				THE COURT REPORTER:  In that box back
18	there.
19
20	BY MR. DOUGLAS D. MULDER:
21			Q.	Let me show you what's been marked for
22	identification and record purposes somewhere as
23	Defendant's Exhibit No. 53-A.  And I'll ask you if you
24	recognize that?
25			A.	That is the pillow I brought down to
			Sandra M. Halsey, CSR, Official Court Reporter
						4288

	1	Darlie.
	2			Q.	All right.  And brought a blanket with
	3	that, did you?
	4			A.	Yes, sir.
	5			Q.	Okay.  And did you continue to visit
	6	with her?
	7			A.	Yeah, we talked until I went up to bed
	8	at 1:00 o'clock.
	9			Q.	Do you remember how she was dressed at
10	that time?
11			A.	She was wearing like a white Victoria
12	Secret, long, kind of a shirt, like a big over night
13	shirt and panties.
14			Q.	All right.  And, she had had that
15	Victoria Secret shirt for some time, had she?
16			A.	Well, I don't think -- it was fairly
17	new.
18			Q.	It had been washed, I guess?
19			A.	I guess.
20			Q.	Okay.  About what time, as best you
21	recall, Darin, did you go upstairs to bed?
22			A.	At 1:00 o'clock.
23			Q.	All right.  And what did do you when
24	you got up there?
25			A.	Well, I checked on the baby and made
			Sandra M. Halsey, CSR, Official Court Reporter
						4289

	1	sure he was okay, and I covered him back up, and I laid
	2	there for a little while, and I couldn't go to sleep, and
	3	so, I turned on the TV for a little while, and probably
	4	watched TV for about 10 minutes, and then I went to
	5	sleep.
	6		        Q.	Okay.
	7
	8			MR. DOUGLAS D. MULDER:  Judge, I'm
	9	getting ready to get into a situation that I would rather
10	not be interrupted on.
11			THE COURT:  Well, that's fine.  I'm
12	all for that.  Let's just keep on going.
13			All right.  The jury is okay
14	break-wise?
15			All right.
16			MR. DOUGLAS D. MULDER:  Okay.
17			THE COURT:  Proceed on, as we say in
18	Texas.
19			MR. DOUGLAS D. MULDER:  All right.
20
21	BY MR. DOUGLAS D. MULDER:
22		        Q.	When is the next thing that you heard
23	something of an unusual nature, Darin?
24		        A.	The very first thing I hear is the
25	glass break.  And then, I hear Darlie screaming, I mean
			Sandra M. Halsey, CSR, Official Court Reporter
					4290

	1	screaming so loud you wouldn't believe it.
	2			Q.	All right.  What did do you?
	3			A.	I jumped up, and I put on my glasses,
	4	and I put my pants on, and I ran down the stairs as fast
	5	as I could.
	6			Q.	Okay.  What did you find when you got
	7	downstairs?
	8			A.	Darlie was at the bottom of the
	9	stairs, and I ran into the room, and while I was running
10	down the stairs, I was thinking that the coffee table had
11	tipped over, and fallen on Devon, because she was
12	screaming, "Devon, Devon, Devon."
13			Q.	Okay.  What happened next?
14			A.	I ran over to Devon, and I ran over
15	around the back of him, and I looked down in his chest,
16	and he had these great big, huge gashes in his chest, and
17	I was looking for the glass, and I was like -- where is
18	the glass?  I mean, I knew where they were when I went to
19	sleep.  And, the blood -- the blood wasn't very -- I
20	mean, there wasn't very much blood.  The blood didn't
21	bother me, he had these huge gashes in his chest.  Darlie
22	is screaming, and I'm screaming, and I mean, we're just
23	freaking out.
24
25				THE COURT:  Sir.  Ma'am, if anybody in
			Sandra M. Halsey, CSR, Official Court Reporter
						4291

	1	the courtroom -- if this testimony is too emotional,
	2	please leave.
	3				Anybody care to leave?  Let's not have
	4	any disturbance, please.
	5				Thank you.  You may continue.
	6
	7	BY MR. DOUGLAS D. MULDER:
	8			Q.	Yes, sir.  What did do you when you
	9	saw Devon there, near the glass table?
10			A.	Well, the first thing I did was, I was
11	looking for any glass that could have been -- fallen, or
12	broken, or went into him, and I couldn't see anything and
13	I was --
14			Q.	Where was the table?
15			A.	The table was completely down.  It was
16	fallen.  The flowers had completely fallen off of the
17	table.
18			Q.	All right.  The table wasn't sitting
19	slightly askew, and on its base?
20			A.	No, it wasn't on its base, it was
21	completely down to the ground.
22			Q.	Okay.  What, if anything, did you do?
23			A.	The very first thing I did was I was
24	patting him on the face, and I remember when I looked at
25	him, and he looked like he was 12 years old.
			Sandra M. Halsey, CSR, Official Court Reporter
						4292

	1			Q.	He looked like he had aged five years?
	2	Is that right?
	3			A.	Yes, sir.
	4			Q.	What, if anything, did you do?
	5			A.	The very first thing I did was, try to
	6	give him CPR.  And the very first thing I did was, I put
	7	my hand over his nose, and I blew into his mouth, and
	8	when I did, this blood just splattered all over my face,
	9	and was blowing air right through him.
10			Q.	Where was Darlie?
11			A.	Darlie was running back and forth,
12	from the kitchen, over to Damon, and then she came over
13	to Devon.  And she was going "Oh, my God, he is dead."
14			Q.	What was she doing in the kitchen?
15			A.	Getting towels.
16			Q.	Wet towels?
17			A.	Um-hum.  (Witness nodding head
18	affirmatively.)
19			Q.	Brought them to you?
20			A.	Yes, sir.
21			Q.	Where -- how many times did you blow
22	into Devon's mouth?
23			A.	I blew into his mouth about -- at
24	least two or three times.
25			Q.	Where was she when you were blowing
Sandra M. Halsey, CSR, Official Court Reporter 
	4293

	1	into his mouth?
	2			A.	Right over the top of him.
	3			Q.	What was she doing?
	4			A.	She was trying to stop the bleeding.
	5	She was trying to hold his chest together.
	6			Q.	Have you had courses in CPR?
	7			A.	I have had seven years.
	8			Q.	So, you know what you are doing?
	9			A.	Yes, sir.  I knew not to blow too
10	hard, and I kept blowing, and I kept trying to hold his
11	chest closed, and then Darlie was holding one of them
12	closed, and when I knew that I couldn't get air into him,
13	I knew he had three minutes, I knew that he had just
14	died.
15			Q.	Did you ever try to blow into the
16	holes in his chest?
17			A.	I blew straight -- I blew straight
18	into his chest, and when I did, blood came out of his
19	mouth.
20			Q.	Okay.  What did you do next?
21			A.	I knew that I couldn't do anything for
22	him.
23			Q.	Did y'all attend to Damon?
24			A.	Yes, sir, we did.
25			Q.	Okay.
			Sandra M. Halsey, CSR, Official Court Reporter
						4294

	1			A.	I went over to Damon, and I got up
	2	from Devon, and I looked up at Darlie, and I didn't even
	3	see the cuts on her neck.  And I looked at her, and it
	4	was just this look, this contact that we had, just this
	5	immediate contact.  She didn't have to ask me nothing,
	6	and I didn't have to ask her nothing.
	7			Q.	Was she on the phone?
	8			A.	Yes, sir, she had the phone in her
	9	hand.
10			Q.	Was she talking to 911?
11			A.	I suppose that is who she was talking
12	to, yes, sir.
13			Q.	Did she continue to get towels from
14	the kitchen?
15			A.	Yes, sir, she kept running back and
16	forth, back and forth, screaming and hollering.
17			Q.	Okay.  Did you ever see a police
18	officer?
19			A.	I did at one time.
20			Q.	All right.  Did you see one that you
21	now know to be David Waddell?
22			A.	Yes, sir.
23			Q.	Okay.  Darin --
24			A.	When he walked into the room --
25			Q.	Darin, I want you to get a hold of
			Sandra M. Halsey, CSR, Official Court Reporter
						4295

	1	yourself, and I want you to tell the jury what David
	2	Waddell did when he walked into the room.  Did he take
	3	over, and did he start issuing orders about how to take
	4	care of and attend to and render first aid to the
	5	children?
	6			A.	As soon as he walked into the room, he
	7	went -- and he froze, and he did not move.
	8			Q.	Did he get his gun out?
	9			A.	No, sir.  He didn't do anything.  I
10	kept screaming at him, telling him to help me, and he
11	wouldn't help me.
12			Q.	Was Darlie trying to get him to go
13	back to the garage?
14			A.	Yes, sir, he (sic) was.
15			Q.	Did he finally go back into the
16	kitchen?
17			A.	He stopped about half way into the
18	kitchen, then he came back.
19			Q.	Would he go back to the garage?
20			A.	No, sir, he just stood there like --
21			Q.	Did he get his gun out?
22			A.	No, sir.
23			Q.	Okay.
24			A.	I never saw a gun.
25			Q.	Were all three of you in shock?
			Sandra M. Halsey, CSR, Official Court Reporter
						4296

	1			A.	Yes, sir.
	2			Q.	The police officer included?
	3			A.	Yes, sir.
	4			Q.	Did another police officer arrive on
	5	the scene?
	6			A.	People started piling into the house
	7	after that.  I mean, it was chaotic, I mean, it was
	8	crazy.  I mean, it was flat out people just piling in, on
	9	top of each other, and everybody was screaming, and
10	hollering and yelling.
11			Q.	Did you see the paramedics when they
12	came in?
13			A.	Yes, sir, I did.
14			Q.	And how about the paramedic that went
15	first to Devon.  Can you tell the jury if he had anything
16	in his hands?
17			A.	Yes, one paramedic had two big old
18	boxes, like an orange box, and then like a white box, and
19	he went around the back of the house -- around the back
20	of the couches, and he was knocking over everything that
21	was in his sight.
22			Q.	Okay.  Do you know if he put that top
23	back up on the --
24			A.	Yes, sir, he did.  I saw him.  He
25	picked it up and got it away from Devon, and was trying
			Sandra M. Halsey, CSR, Official Court Reporter
						4297

	1	to clear his face.
	2			Q.	Okay.  To work on Devon?
	3			A.	Yes, sir.
	4			Q.	That is his job, isn't it?
	5			A.	That's right.  It was a very small
	6	space between where he was laying, and the TV, which is
	7	the side that I was on, and then the side that the
	8	paramedic was trying to get on, he was just trying to
	9	clear a space.  I don't blame him for that.
10			Q.	Okay.
11			A.	Our object was to try to get those
12	boys, and if they were alive, to get them help.
13			Q.	Did you, at any time, while you and
14	Waddell and Darlie were there, before the other police
15	officers and the paramedics got there, did you ever see
16	Darlie in close proximity to the vacuum cleaner?
17			A.	Yes, sir, I did.
18			Q.	And will you tell the jury where she
19	was, and what she was doing, with respect to this vacuum
20	cleaner?
21			A.	She was standing right beside the
22	vacuum cleaner, and had it in her hand.  She was hanging
23	on to it, like a cane.
24			Q.	For support?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4298

	1
	2			(Whereupon, the following
	3				mentioned item was
	4				marked for
	5				identification only as
	6				Defendant's Exhibit No. 78,
	7				after which time the
	8				proceedings were
	9				resumed on the record
10				in open court, as
11				follows:)
12
13	BY MR. DOUGLAS D. MULDER:
14		        Q.	Let me hand you what has been marked
15	for identification and record purposes as Defendant's
16	Exhibit No. 78.  Do you recognize that exhibit?
17		        A.	Yes, sir.
18
19			MR. DOUGLAS D. MULDER:  All right.  We
20	will offer into evidence what has been marked and
21	identified as Defendant's Exhibit No. 78.
22
23			MR. GREG DAVIS:  No objection.
24			THE COURT:  Defendant's Exhibit 78 is
25	admitted.
			Sandra M. Halsey, CSR, Official Court Reporter
						4299

	1
	2				(Whereupon, the items
	3					Heretofore mentioned
	4					Were received in evidence as
	5					Defendant's Exhibit No. 78
	6					For all purposes,
	7					After which time, the
	8					Proceedings were resumed
	9					As follows:)
10
11	BY MR. DOUGLAS D. MULDER:
12			Q.	Will you tell the jury where Darlie
13	was holding on to the vacuum cleaner?
14			A.	She was hanging on to the handle.
15			Q.	All right.  And, whereabouts in the
16	room, in the den, or in the kitchen, or whereabouts in
17	the room?
18			A.	Actually right in between.  Right off
19	of the linoleum floor, right where that green rug would
20	have been setting, if it was not messed up like it is in
21	that picture.
22			Q.	Okay.  Let me show you what's been
23	marked for identification and record purposes as State's
24	Exhibit No. 10.  And I'll ask you to examine that, and
25	orient yourself to that exhibit, and see if you can show
			Sandra M. Halsey, CSR, Official Court Reporter
							4300

	1	the jury, in that diagram, where Darlie was standing with
	2	the vacuum cleaner?
	3			A.	She was standing right there.
	4			Q.	All right.  Showing you what has been
	5	marked and admitted into evidence as Defendant's Exhibit
	6	No. 78, can you orient the jury with this exhibit, and
	7	tell them -- can y'all see that --
	8
	9				THE COURT:  You might hold it back a
10	little bit, Mr. Mulder, so that they can see it at that
11	end.
12
13	BY MR. DOUGLAS D. MULDER:
14			Q.	All right.  If you would, can you step
15	down, and show the jury.
16
17				(Whereupon, the witness
18					stepped down from the
19					witness box, and approached
20					the jury rail, for the
21					purpose of further describing
22					the exhibit to the jury.)
23
24	BY MR. DOUGLAS D. MULDER:
25			Q.	First of all was the green rug like
			Sandra M. Halsey, CSR, Official Court Reporter
							4301

	1	that?
	2			A.	No, sir, the green rug would go --
	3	covered, you can see this green spot.  The green rug
	4	would fit right over the top of that.
	5
	6				THE COURT:  Please speak up loudly,
	7	Mr. Routier, Ms. Halsey has to take this down.
	8
	9	BY MR. DOUGLAS D. MULDER:
10			Q.	You can see some discoloration in this
11	carpet, can you?
12			A.	I can see it, yes.
13			Q.	Okay.  What is that discoloration
14	from?  I think you are blocking the jurors right here.
15				There is discoloration in the carpet
16	in this area?
17			A.	From the dye on the rug.
18			Q.	Okay.  Has the rug bled through, into
19	the white carpet?
20			A.	(No response.)
21			Q.	Darin, has the rug bled through, into
22	the white carpet, so that you can see where that carpet
23	was kept?
24			A.	Yes, sir
25			Q.	Okay.  And was that carpet kept there
			Sandra M. Halsey, CSR, Official Court Reporter
						4302

	1	to cover the green area that it had bled through and
	2	discolored?
	3			A.	Yes, sir.
	4			Q.	All right.  And that was partially on
	5	the carpet, and partially on the linoleum?
	6			A.	Yes, sir.
	7
	8				MR. GREG DAVIS:  I'm going to object
	9	to that as being a leading question.  Please let the
10	witness --
11				THE COURT:  Rephrase your question,
12	please.
13
14	BY MR. DOUGLAS D. MULDER:
15			Q.	Show the jury -- tell jury how that
16	green carpet was established there?
17			A.	You mean here?
18			Q.	Yes.
19			A.	Well, the carpet would go right here,
20	right where that green is, and kind of covered it up,
21	half way between here and here, and laid out straight.
22			Q.	Okay.  And where was Darlie and the
23	vacuum cleaner?
24			A.	Darlie was standing right here, and
25	the vacuum cleaner was just on the other side of that.
Sandra M. Halsey, CSR, Official Court Reporter 
	4303

	1			Q.	Okay.  Did you later on, see that
	2	vacuum cleaner, turned down, either this way, or the
	3	other way, but laying down?
	4			A.	Yes, sir, I did.
	5			Q.	Okay.  And, did you ever see the
	6	vacuum cleaner off in the kitchen?
	7			A.	No, sir.
	8			Q.	Do you know how it got back in the
	9	kitchen?
10			A.	I have no idea.
11			Q.	Okay.  There was a -- there was a lamp
12	that was -- the lamp shade that was knocked askew.  How
13	did that happen, if you know?
14			A.	Well, when the paramedic was coming
15	through with all of his boxes, there was a small space
16	between the couch, where that lamp was, and where the cat
17	cage was.  So, it was probably only a space of about, I
18	don't know, two feet maybe.  And he just went right
19	through it, and went right around.
20			Q.	Okay.  Do you know how many wet towels
21	Darlie got from the kitchen or the sink area?
22			A.	Just guessing about three or four was
23	what I saw.
24			Q.	Okay.
25
			Sandra M. Halsey, CSR, Official Court Reporter
							4304

	1				MR. DOUGLAS D. MULDER:  Judge, I need
	2	to look through -- and to find a photograph.
	3				THE COURT:  Okay.
	4
	5	BY MR. DOUGLAS D. MULDER:
	6			Q.	Is there a photograph that shows the
	7	drawers in the kitchen where y'all kept your towels?
	8			A.	Yes, sir.  I mean, I don't --
	9			Q.	Does it show blood on the --
10			A.	Right, when we went back to the house,
11	it was very obvious, you know, everybody that we know,
12	knew where those towels were.  There were kitchen towels
13	in the kitchen.
14			Q.	All right.  Is it apparent where those
15	towels were coming from?
16			A.	No, sir.  Oh, is it apparent?
17			Q.	Yes.
18			A.	Yes, sir.
19			Q.	Okay.  Is there blood on the towel
20	drawer -- we will find that photograph when we get a
21	break.
22			A.	Yes, sir, that is where kitchen towels
23	belong, is in the kitchen.
24			Q.	All right.  Do you know how many trips
25	to and from the sink that Darlie made?
			Sandra M. Halsey, CSR, Official Court Reporter
							4305

	1			A.	Just guessing, probably about six or
	2	seven times.
	3			Q.	Do you know how many towels were
	4	spread out there among the boys?
	5			A.	Oh, I know at least three or four.
	6			Q.	Okay.
	7			A.	There was a whole bunch dropped out of
	8	the drawer, and it looked like she had pulled them out so
	9	fast, that she just pushed them all over the kitchen
10	floor.
11			Q.	Okay.  Did you have occasion, once the
12	police got there, and the paramedics got there, did you
13	have occasion to go upstairs, and to check on Drake?
14			A.	Yes, sir, I did.  Darlie requested me
15	to.
16			Q.	And how was he doing?
17			A.	He was doing fine.  He was crying.  It
18	was the best thing that I had ever heard.
19			Q.	Okay.  And was, in your judgment, was
20	Devon dead by the time the police got there?
21			A.	Yes, sir.  I checked his pulse, I
22	couldn't get a pulse.
23			Q.	All right.  And was Damon still
24	hanging on at that time.
25			A.	Yes, sir.  Damon was laying on his
			Sandra M. Halsey, CSR, Official Court Reporter
						4306

	1	stomach, and he was laying along the wall.
	2			Q.	Why didn't you roll him over, and
	3	start CPR on him?
	4			A.	Because I was always taught that if
	5	you have a back injury, you are not supposed to roll them
	6	over, because you could make the injuries worse.
	7			Q.	Okay.
	8			A.	I tried to see if I could get a pulse,
	9	but I couldn't get anything.  But by that time, people
10	were starting to pile into the house.
11			Q.	Devon (sic), was it chaotic?
12			A.	Very much so.
13			Q.	I mean, is it even possible for you to
14	express in words, and capture the scene that you were a
15	witness to, at that time?
16			A.	I think you would have to have
17	probably about 15 or 20 people in a room to make that
18	much noise, the way that it was that night.
19			Q.	But I mean, are you capable of
20	relating to the jury the chaos that was going on at that
21	time?
22			A.	No, sir.
23			Q.	With everybody doing what they were
24	doing?
25			A.	No, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4307

	1			Q.	The paramedics came in, and they are
	2	in a hurry?
	3			A.	Everybody is in a hurry.
	4			Q.	A lot of people there?
	5			A.	But it seemed like everybody was
	6	moving in slow motion.
	7			Q.	Did you have occasion to go across the
	8	street to the Neal's house?
	9			A.	Yes, sir, I did.
10			Q.	What was your purpose in going to the
11	Neal's house?
12			A.	To get help.  I knew when I saw the
13	first look on Waddell's face, and I was asking him to
14	help, I knew that I had to go get somebody to help me.
15			Q.	All right.  Did you ultimately get
16	Karen Neal?
17			A.	Yes, sir, I did.
18			Q.	She is a nurse, a registered nurse?
19			A.	Yes, sir.
20			Q.	And you knew that?
21			A.	Yes, sir.
22			Q.	Okay.
23			A.	She is kind of a neighborhood mom,
24	like Darlie.
25			Q.	Okay.  Did Darlie get along well with
			Sandra M. Halsey, CSR, Official Court Reporter
						4308

	1	the neighborhood children?
	2			A.	Yes, sir.  We had the Nintendo house.
	3			Q.	Okay.
	4			A.	She fed them all, she made sure that
	5	they were all -- we didn't know their parents, but --
	6
	7				MR. GREG DAVIS:  I'm going to object
	8	to this as being non-responsive.
	9				THE COURT:  Sustained.
10				MR. GREG DAVIS:  I don't believe a
11	question has been asked.
12				THE COURT:  Sustained.
13
14	BY MR. DOUGLAS D. MULDER:
15			Q.	When you came back from the Neal's,
16	had Darlie been moved to the front porch?
17			A.	Yes, sir, they said that she had
18	passed out inside, and they wouldn't let me back in.
19			Q.	All right.  And where was she on the
20	front porch?
21			A.	She was right on the front porch.
22			Q.	Right where?
23			A.	Right in the door frame.
24			Q.	All right.  Were they attending to her
25	throat?
			Sandra M. Halsey, CSR, Official Court Reporter
							4309

	1			A.	Yes, sir.  Well, they were trying to.
	2			Q.	Okay.  Do you know if Damon had been
	3	removed from the house at that time?
	4			A.	Yes, sir, I was inside of the house
	5	when they did that.
	6			Q.	Okay.  He was in an ambulance?
	7			A.	Yes, sir.
	8			Q.	Had the ambulance left yet for the
	9	hospital?
10			A.	No, I think they were there for a good
11	while.
12			Q.	Okay.
13			A.	Nobody could tell us where they were
14	taking them.
15			Q.	Okay.  Did you help and assist Darlie,
16	in placing Darlie on a stretcher?
17			A.	Yes, I did.
18			Q.	Okay.  Did you notice, at that time,
19	whether or not she still had underwear on?
20			A.	She said something about her panties,
21	but I didn't understand what she was talking about.
22			Q.	Could you tell whether or not she had
23	panties or underwear on at that time?
24			A.	No.
25			Q.	Did she have them on or not?
			Sandra M. Halsey, CSR, Official Court Reporter
							4310

	1			A.	No, she didn't have them on.
	2			Q.	Okay.  Was she taken to an ambulance?
	3			A.	Yes, sir, she was.  She was stretched
	4	out.
	5			Q.	All right.  And, did you get into the
	6	ambulance yourself?
	7			A.	I tried to, and they kicked me out,
	8	they told me that they had to work, because she was
	9	bleeding really bad.
10			Q.	And did -- was she subsequently taken
11	away from there?
12			A.	Yes, sir.
13			Q.	In the ambulance?
14			A.	Yes, sir.
15			Q.	Okay.
16			A.	She was there for -- it's seemed like
17	forever, but, guessing, it was probably 10 or 12 minutes
18	or so.
19			Q.	Did you go back into the Neal's house?
20			A.	Yes, sir, I did.
21			Q.	Okay.  And, what was your purpose in
22	going back into the Neal's house?
23			A.	Well, I needed a ride, first of all,
24	to the hospital, and we didn't know where we were going,
25	and --
			Sandra M. Halsey, CSR, Official Court Reporter
						4311

	1			Q.	How were you dressed when you went
	2	back in the house?
	3			A.	All I had on was a pair of pants,
	4	that's all the clothes I had on.  My glasses and a pair
	5	of pants, and I was cold.
	6			Q.	All right.  What did do you in the
	7	Neal's house?
	8			A.	Terry, he went and got me a T-shirt,
	9	and, I went into the bathroom, and I thought I was going
10	to throw up.
11			Q.	Why is that?
12			A.	I guess, just nerves, I guess, I don't
13	know.
14			Q.	Once you were in the bathroom, did you
15	get cleaned up?
16			A.	Yes, sir, I did.  I washed all of the
17	blood off of my face, off of my hands and off of my
18	mouth, and I had this real iron -- real dry taste in my
19	mouth.
20			Q.	Okay.  And you got a towel or a
21	washcloth?
22			A.	Yeah, I got a towel and I washed it
23	off, and I even had some on my back, and on my shoulder,
24	and on my chest.
25			Q.	Okay.  In your hair?
			Sandra M. Halsey, CSR, Official Court Reporter
						4312

	1			A.	In my hair.  On my glasses, and on my
	2	face.
	3			Q.	You put on his T-shirt?
	4			A.	Yes, sir.
	5			Q.	All right.  When you left Terry Neal's
	6	house, did you go back into your residence?
	7			A.	I did go back into the residence, but
	8	I don't know exactly when I did it.  I mean, a lot of --
	9			Q.	Did you go back in before you left for
10	the hospital?
11			A.	I went in before I went -- I went back
12	into the house, after I went and got Terry and Karen.
13			Q.	Okay.
14			A.	When Darlie was being put on the
15	stretcher, I went back through the house.  The police
16	officer was saying something about the screen, they were
17	saying something about -- and so, I ran back through the
18	house.
19			Q.	How did you go into the house?
20			A.	I went through the door.
21			Q.	Did you go through the front door or
22	the back door?
23			A.	I went through the front door.  They
24	couldn't have kept me out.
25			Q.	Where did you go once you were in the
			Sandra M. Halsey, CSR, Official Court Reporter
						4313

	1	front door, where did you go?
	2			A.	I went around to the dining room area,
	3	I went to the garage, I looked, and I saw the screen, I
	4	turned around, and I walked all the way back through the
	5	house, through the kitchen.
	6			Q.	Did you go --
	7			A.	And back out again.
	8			Q.	Did you go through the den and through
	9	the kitchen, and to the garage?
10			A.	Through the dining room, through the
11	entrance way, around where the stairs were, I walked on
12	this little space, that it's hardwood in between, to the
13	kitchen, and I went through the kitchen, straight to the
14	garage, and then I came back through the kitchen.
15			Q.	Did you come back through the -- past
16	the wine rack?
17			A.	Yes, sir, I did.
18			Q.	All right.  Did you --
19			A.	I went back out that way.
20			Q.	Did you cut your feet?
21			A.	No, sir, I saw glass.
22			Q.	Were you barefoot?
23			A.	Yes, sir.
24			Q.	Okay.  How long did you stay there at
25	the house before you left for the hospital?
			Sandra M. Halsey, CSR, Official Court Reporter
						4314

	1		        A.	I don't know, it seemed like time
	2	stands still when you are in a situation like that.  I
	3	just know that we were waiting for somebody to tell us
	4	which hospital to go to.  One paramedic said that they
	5	were taking Damon to Baylor Hospital in Garland, and that
	6	they were taking Darlie to Baylor Hospital in Dallas,
	7	which I couldn't understand, because that is 45 minutes
	8	away.
	9		        Q.	Okay.
10
11			(Whereupon, the following
12				mentioned item was
13				marked for
14				identification only as
15				Defendant's Exhibit No. 79,
16				after which time the
17				proceedings were
18				resumed on the record
19				in open court, as
20				follows:)
21
22	BY MR. DOUGLAS D. MULDER:
23		        Q.	Let me hand you what has been marked
24	for identification and record purposes, as Defendant's
25	Exhibit No. 79, and I'll ask you if you recognize what is
			Sandra M. Halsey, CSR, Official Court Reporter
						4315

	1	shown in that exhibit?
	2		        A.	Yes, sir, that is the dish towel
	3	drawer.
	4
	5			MR. DOUGLAS D. MULDER:  Okay.  We will
	6	offer into evidence what has been marked and identified
	7	as Defendant's Exhibit No. 79.
	8			MR. GREG DAVIS:  No objection.
	9			THE COURT:  Defendant's Exhibit 79 is
10	admitted.
11
12			(Whereupon, the items
13				Heretofore mentioned
14				Were received in evidence
15				As Defendant's Exhibit No. 79,
16				For all purposes,
17				After which time, the
18				Proceedings were resumed
19				As follows:)
20
21
22	BY MR. DOUGLAS D. MULDER:
23		        Q.	Can you show us, or tell the jury
24	where that -- where that drawer is?
25		        A.	Right here.
			Sandra M. Halsey, CSR, Official Court Reporter
						4316

	1			Q.	In the kitchen?
	2			A.	Yes, right here, actually it is right
	3	there.
	4			Q.	Okay.  You see blood on it, do you?
	5			A.	Yes, sir I do.
	6			Q.	All right.  That would be the drawer
	7	where you kept the towels?
	8			A.	Yes, sir.
	9			Q.	Okay.  Whose car did you take to the
10	hospital?
11			A.	My Pathfinder.  Terry drove me.
12			Q.	Do you have any idea what time you got
13	to the hospital?
14			A.	I have no idea.
15			Q.	Do you know whether or not it was
16	still dark?
17			A.	Oh, it was dark.
18			Q.	Okay.
19
20				THE COURT:  Mr. Mulder, we are going
21	to take a 10 minute break now, please.  Thank you.
22
23				(Whereupon, a short
24				 Recess was taken,
25				 After which time,
			Sandra M. Halsey, CSR, Official Court Reporter
						4317

	1				The proceedings were
	2				Resumed on the record,
	3				In the presence and
	4				Hearing of the defendant
	5				And the jury, as follows:)
	6
	7			THE COURT:  All right.  Are both sides
	8	ready to bring the jury back in and resume the trial?
	9			MR. GREG DAVIS:  Yes, sir, the State
10	is ready.
11			MR. DOUGLAS D. MULDER:  Yes, sir, the
12	defense is ready.
13			THE COURT:  All right.  Bring the jury
14	in, please.
15
16			(Whereupon, the jury
17				Was returned to the
18				Courtroom, and the
19				Proceedings were
20				Resumed on the record,
21				In open court, in the
22				Presence and hearing
23				Of the defendant,
24				As follows:)
25
			Sandra M. Halsey, CSR, Official Court Reporter
						4318

	1				THE COURT:  All right.  Let the record
	2	reflect that all parties in the trial are present and the
	3	jury is seated.
	4				Mr. Mulder.
	5				MR. DOUGLAS D. MULDER:  Yes, sir.
	6
	7
	8				DIRECT EXAMINATION (Resumed)
	9
10	BY MR. DOUGLAS D. MULDER:
11			Q.	When you got to Baylor, did you go
12	directly to see Darlie?
13			A.	No, sir, she was in surgery, and they
14	took me to a room.
15			Q.	Okay.  And did you remain in that
16	room?
17			A.	Yes, sir, I did.
18			Q.	And, were you alone, or were you with
19	someone?
20			A.	Chris Frosch was coming in and out,
21	and Terry came in and out, who had taken me up to the
22	hospital, and then Patterson showed up later.
23			Q.	Okay.
24			A.	And he was going in and out.
25			Q.	Okay.  Were you -- did Chris Frosch,
			Sandra M. Halsey, CSR, Official Court Reporter
						4319

	1	Detective Chris Frosch, did he question you about what
	2	you knew?
	3			A.	Yes, sir, he did.
	4			Q.	All right.  Did you cooperate with
	5	him?
	6			A.	Yes, sir.
	7			Q.	Did Patterson subsequently question
	8	you about the events of that evening?
	9			A.	Yes, sir, he did.
10			Q.	And did you cooperate with him?
11			A.	Yes, sir.
12			Q.	Okay.  Were you later on permitted to
13	see Darlie?
14			A.	Yes, sir, I was.
15			Q.	And, do you recall about what time
16	that was?
17			A.	Sometime that early morning.
18			Q.	All right.  By that time, had he
19	photographed you?
20			A.	Yes, sir, they did.
21			Q.	Did they take your clothes?
22			A.	Yes, sir.
23			Q.	And photograph you naked, or stripped
24	down, without your jeans on, and without your shirt on?
25			A.	Yes, sir, they did.
			Sandra M. Halsey, CSR, Official Court Reporter
						4320

	1			Q.	Okay.  And, I guess you were provided
	2	with other clothes, were you?
	3			A.	Medical clothes.
	4			Q.	All right.  When you saw Darlie, would
	5	you tell the jury her emotional state?
	6			A.	While she was sedated, she was groggy,
	7	but very hysterical and very emotional, ups and downs.
	8	Kept asking about the baby.  Kept saying, "Why did
	9	somebody kill my babies?"
10			Q.	Darin, did you know, when the
11	ambulance taking Darlie left for the hospital, did you
12	know that both of your sons were dead?
13			A.	Yes, sir, I did.
14			Q.	Did Darlie know that as well?
15			A.	Yes, sir.
16			Q.	Did you think, knowing her as you knew
17	her, did you see anything phony, or inappropriate about
18	the way she acted, when you saw her first there at
19	Baylor?
20			A.	No, sir.
21			Q.	Okay.  Were you able to see her the
22	following day?
23			A.	Yes, sir, I saw her every day.
24			Q.	Okay.  And, was your son, Drake,
25	brought down there by someone --
			Sandra M. Halsey, CSR, Official Court Reporter
						4321

	1			A.	Terry and Karen Neal brought the baby
	2	up.  She kept asking for him and wanting to see him, so
	3	they brought him up there.
	4				And, we brought the baby into the
	5	room, and we kind of lifted it up on top of Darlie.  Of
	6	course, she was -- I don't know if y'all have seen the
	7	pictures, but, I mean, she was full of tubes, and she had
	8	this great big, huge, white thing on her neck, and all of
	9	these gauzes and everything, all over her.  And the baby
10	automatically wanted to go for her neck, and we were all
11	kind of afraid that the baby would hurt her wounds,
12	because she wasn't -- you know, she wasn't capable of
13	being able to hold him and use her arm strength to be
14	able to hold him.  He squirms really a lot.
15			Q.	Did she ultimately hold the baby on
16	her chest?
17			A.	Yes, she held him by his fingers.
18			Q.	Okay.
19			A.	She wanted all of the pictures out of
20	the house that she could get of the boys.  And when she
21	did, we thought that was a good idea, and then when we
22	got them to her, she just fell apart.
23				She just would go into hysterics.
24			Q.	Okay.  You saw her the next day?
25			A.	Yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4322

	1			Q.	Did you notice any bruising begin to
	2	form on her arms?
	3			A.	I did, but I just assumed that it was
	4	from the cut on the top.
	5			Q.	Okay.
	6			A.	She looked like a whupped little
	7	puppy.
	8			Q.	Okay.
	9			A.	I mean, we were more concerned about
10	her neck and her arms, and whether or not she was going
11	to be okay, or have any permanent damage.  And we were
12	worried about the boys, and worried about all the
13	arrangements and all of the family coming in from
14	Pennsylvania, and from all over the place.
15				I mean, it was just about as
16	hysterical at the hospital.
17			Q.	Okay.  You knew, at that time, the
18	extent of here injuries?
19			A.	Yes, sir, I did.
20			Q.	All right.  And advised at that time,
21	now back in June, that her injuries were serious?
22			A.	Yes, sir, I understood they were very
23	serious.
24			Q.	Okay.  It came within two millimeters
25	of cutting into the carotid artery?
			Sandra M. Halsey, CSR, Official Court Reporter
						4323

	1			A.	Yes, sir, that's what I understand.
	2			Q.	Did you continue to cooperate with the
	3	police?
	4			A.	Yes, sir, a hundred percent.
	5			Q.	Okay.  On June the 8th, did you
	6	accompany your wife to the police station, and write out,
	7	in your own handwriting, a statement?
	8			A.	Yes, sir, we did.
	9			Q.	Did you -- who was your contact with
10	at that time?
11			A.	Chris Frosch.
12			Q.	Okay.  And, I'll ask you, if you made
13	any requests of him, that they tape record, or video tape
14	your giving of the statement?
15			A.	Yes, sir, I told him that I could not
16	write as fast as I could think, and when you get to
17	thinking about something that terribly traumatic has
18	happened to you, you cannot remember everything.  And,
19	every time I would go into talking about it, I would
20	start crying, and getting very angry and just sad, and
21	just all at the same time.
22			Q.	All right.  They had asked you for
23	permission to occupy and search your house, hadn't they?
24			A.	Yes, sir, they did.
25			Q.	And that was, I believe, on the 6th
			Sandra M. Halsey, CSR, Official Court Reporter
						4324

	1	and you had cooperated?
	2			A.	Yes, sir, I give them the keys to the
	3	house, to the boat, to the sheds, to the business,
	4	everything.  I had nothing to hide.
	5			Q.	Okay.  You gave them keys to
	6	everything?
	7			A.	Yes, sir.
	8			Q.	All right.  When they would call you,
	9	would you go down to the police station, and drop
10	everything that you had, and go down there?
11			A.	Yes, sir, whatever plans we had made,
12	we dropped those plans and went to the police station,
13	because we felt that the closer and the more information
14	we got, the closer we would get to finding the killer.
15			Q.	Were you told that they had leads
16	that they were following, and that they were working hard
17	on it, and --
18			A.	Yes, sir.  They said that they were
19	working night and day, for days and days and days, and
20	they were telling us the things that they were missing
21	out on, as far as their kids' baseball practices, and
22	games.
23			Q.	But had a lot of leads that they were
24	following?
25			A.	Hundreds of leads, they said.
			Sandra M. Halsey, CSR, Official Court Reporter
						4325

	1			Q.	And, you believed them at that time?
	2			A.	Yes, sir.
	3			Q.	Do you feel like you have been
	4	betrayed?
	5			A.	Yes, sir, very much so.
	6			Q.	Do you feel like they lied to you?
	7			A.	Yes, sir.
	8			Q.	There is no question about that?
	9			A.	That is an understatement.
10			Q.	But you continued to cooperate?
11			A.	Yes, sir.
12			Q.	Did you plan the boys' funeral?
13			A.	Me and my mother did.
14			Q.	Okay.  And who selected the songs?
15			A.	I did.
16			Q.	Why did you select Gangsters Paradise?
17			A.	Well, whether or not somebody thinks
18	that it's appropriate or not, it's not appropriate that
19	my kids were killed either.  So if somebody is offended
20	about whether or not I played a song that was
21	inappropriate, that was their favorite song.  Every time
22	that song came on the radio, they would say, "Daddy,
23	crank it up."
24				That was the only song that they ever
25	felt that way about.  When you have children, you do
			Sandra M. Halsey, CSR, Official Court Reporter
						4326

	1	things for your kids.  Not for anybody else's approval,
	2	and if they didn't like it, that is too bad, because this
	3	was my two boys, and that was their favorite song, and we
	4	played their favorite song at the funeral.
	5			Q.	What were the other songs that were
	6	played at the funeral?
	7			A.	I Will Always Love You, by Celine
	8	Dion.  And Jesus Loves Me.  Those are appropriate songs.
	9			Q.	By Whitney Houston?
10			A.	Yes, by Whitney Houston.
11			Q.	Yes.
12			A.	Darlie sang those to the boys.  She
13	has a beautiful voice.  And they loved to listen to their
14	Mommy sing.
15			Q.	When they were buried there -- there
16	has been some testimony about some Swiss Army knives, or
17	some knives that were put into the coffin?
18			A.	Yes, sir, when --
19			Q.	Were they buried together?
20			A.	Yes, sir, they were buried in the same
21	coffin.  They died together, and they went to heaven
22	together.  And they loved each other.
23			Q.	Why were knives put in the coffin?
24			A.	Because Devon kept asking me, "Can I
25	have a Swiss Army knife for my birthday, Daddy?"
			Sandra M. Halsey, CSR, Official Court Reporter
						4327

	1				And I said "No."
	2				I said "It's not you that I can't
	3	trust with a Swiss Army knife, it's your little brother."
	4				And, I wouldn't get him one, because I
	5	was afraid that they would get hurt.  And, when they die,
	6	if you don't give it to them, you are not ever going to
	7	get a chance.
	8			Q.	Now, there is some testimony that
	9	tarot cards were put in with the -- in the coffin.
10			A.	No, sir, those were not tarot cards.
11	Tarot cards are some kind of gypsy-type cards.  These
12	were -- you see, my brother-in-law is a magician, a real
13	live magician.  And he does magic tricks, and he has
14	traveled all over Las Vegas, and Tahoe, and he wasn't my
15	brother-in-law yet, they didn't get married until August.
16				But, he did these magic tricks with
17	five Aces, and with -- he did one for Devon, and then
18	one for Damon, because they loved him so much, they
19	called him Magic Mark, and that is what he goes by now.
20			Q.	So, they were the ones that named him?
21			A.	Yes, sir, they named him Magic Mark,
22	because he wasn't an uncle yet.
23			Q.	Those are cards that he had given the
24	boys?
25			A.	Yes, sir.  He always carries a package
			Sandra M. Halsey, CSR, Official Court Reporter
						4328

	1	of cards inside of his pocket.
	2			Q.	And there were other mementos that you
	3	put in the casket?
	4			A.	Yes, sir.
	5			Q.	Things that were favorites of the
	6	boys?
	7			A.	Yes, sir, and there were letters from
	8	all of the kids in the neighborhood, that came to the
	9	funeral, and there were stuffed animals, and flowers, and
10	Basia and David put silver coins in there.
11			Q.	When the residence -- the residence
12	was held by the police for a number of days?
13			A.	Yes, 13 days.
14			Q.	Thirteen days.  All right.  When
15	you -- when the residence was released back to you, did
16	you have occasion to walk through the residence?
17			A.	Yes, sir, we did.
18			Q.	Okay.  And --
19			A.	There are a lot of things, when you
20	are walking through there, that you don't realize what
21	happened and --
22
23				MR. GREG DAVIS:  I'm sorry, I've got
24	to object.  I didn't hear a question.
25				THE COURT:  Sustained.  Mr. Routier,
			Sandra M. Halsey, CSR, Official Court Reporter
						4329

	1	just answer the questions.
	2				THE WITNESS:  Yes, sir.
	3
	4	BY MR. DOUGLAS D. MULDER:
	5			Q.	All right.  Did you see the wine rack?
	6			A.	Yes, sir, I did.
	7			Q.	Okay.  Do you recall, whether or not
	8	you saw glass on the shelf of the wine rack?
	9			A.	It was on the shelf, and then as we
10	were getting the house ready to try to sell some of the
11	stuff, there were shards of glass down inside of the
12	bucket.
13			Q.	What bucket?
14			A.	It was an ice bucket that was sitting
15	right on top of the wine rack.
16			Q.	Is that clearly visible in the
17	photographs?
18			A.	Yes, sir.
19			Q.	You say there were glass shards in the
20	top of that ice bucket?
21			A.	In the lid, yes, sir.
22			Q.	Okay.  Did you ever fail to cooperate
23	with the police about anything?
24			A.	No, sir.  Every time they called us,
25	we were there.
			Sandra M. Halsey, CSR, Official Court Reporter
						4330

	1			Q.	Okay.  After you had gotten possession
	2	of house again, did you move back in?
	3			A.	No, sir, we --
	4			Q.	You never have moved back in?
	5			A.	No, sir, we couldn't move back into
	6	there.
	7			Q.	Why?
	8			A.	Because of a minute's worth of
	9	something terrible happens, it just covers up four years
10	of memories.
11			Q.	So you never intended to move back
12	into the house?
13			A.	No, sir, I just wanted to sell it.
14			Q.	After you had gotten the house back,
15	did they run a search warrant on the house, and kick the
16	door down?
17			A.	Yes, sir.
18			Q.	Okay.
19			A.	They had an emergency search warrant
20	for the black cap.
21			Q.	And they had the house for what, 13
22	days?
23			A.	For 13 days, and then they came and
24	kicked the back door in, and busted the whole frame, and
25	busted the door all to pieces, pried it open with a
			Sandra M. Halsey, CSR, Official Court Reporter
						4331

	1	crowbar.
	2			Q.	I mean, if they had just asked you --
	3			A.	If they would have asked me, I would
	4	have given them the key, they didn't have to do any more
	5	damage.
	6			Q.	What did that door cost?
	7			A.	Probably five or six hundred dollars.
	8			Q.	All in all, how much damage was done
	9	to that residence?
10			A.	Between 15 to 17 thousand dollars.
11			Q.	Okay.  What was done with respect to
12	the ceilings, and the plumbing, and things of that
13	nature?
14			A.	They took the sinks out, and all of
15	the plumbing, and all of the traps had to be taken out.
16	They put those in their custody.  They didn't replace
17	them.  So, what they did -- it was a hundred and
18	something degrees, and so, all of the air conditioning
19	traps were leaking into the ceilings, and all of the
20	ceilings were soaked, and the sheet rock started to fall
21	down.
22				Of course, all of the floors and
23	everything else was going to have to be replaced.
24			Q.	You had insurance on that?
25			A.	Yes, sir, I did.
			Sandra M. Halsey, CSR, Official Court Reporter
						4332

	1			Q.	But you never collected insurance, did
	2	you?
	3			A.	No, sir, they said because of the
	4	nature of the --
	5
	6				MR. GREG DAVIS:  I'm going to object
	7	to that as being hearsay.  It is not relevant either.
	8				THE COURT:  Sustained.
	9
10	BY MR. DOUGLAS D. MULDER:
11			Q.	There was blood on one of the boy's
12	comforters upstairs?
13			A.	Yes, sir.
14			Q.	Do you know how that got there?
15			A.	I know exactly how it got there.
16			Q.	Tell the jury.
17			A.	Well, those are bunk beds, and the
18	bottom had a full size, and the top had a twin, and
19	there's a little rail that goes across the top of the
20	railing, so that the top person doesn't fall off.
21				Well, Damon always slept on the top,
22	and Devon slept on the bottom.  And, one night we heard
23	this screech, and we ran in there, and Damon had kicked
24	off that little guard, and it landed and hit Devon right
25	here in the forehead.
			Sandra M. Halsey, CSR, Official Court Reporter
						4333

	1				And when it did, of course he bled,
	2	and we tried to clean that up, and we tried to get him
	3	comforted, and got him a little -- got him some
	4	band-aids, and that was probably two years ago, and that
	5	comforter had been cleaned a couple of times since then.
	6			Q.	Okay.  Is Darlie right-handed or
	7	left-handed?
	8			A.	She is right-handed.
	9			Q.	Okay.
10
11				MR. DOUGLAS D. MULDER:  We will pass
12	the witness.
13				Mr. Davis will have some questions for
14	you.
15				THE COURT:  Mr. Davis
16
17
18				CROSS EXAMINATION
19
20	BY MR. GREG DAVIS:
21			Q.	Mr. Routier, you and I have met
22	before, haven't we?
23			A.	Yes, sir, we have.
24			Q.	Actually, we have met twice before,
25	haven't we?
			Sandra M. Halsey, CSR, Official Court Reporter
						4334

	1			A.	I believe so.
	2			Q.	On July 1st we met?
	3			A.	Yes, sir.
	4			Q.	In the courtroom; correct?
	5			A.	Yes, sir.
	6			Q.	And September the 12th, we met again,
	7	did we not?
	8			A.	Yes, sir.
	9			Q.	Okay.  You didn't look quite the same
10	in September, as you look now, did you?
11			A.	Probably not.
12			Q.	Sir?
13			A.	Probably not, I don't know how I
14	looked.
15			Q.	Well, I mean, you have changed your
16	appearance dramatically today, as opposed to the way you
17	look back in September, haven't you?
18			A.	All I did was shave my beard.
19			Q.	Well, shaved your beard, cut your
20	hair -- really, you don't look anything like you used to
21	look, do you?
22			A.	Mr. Davis, you know --
23			Q.	Sir, would you please answer my
24	question?
25			A.	Yes, sir, you are right.
			Sandra M. Halsey, CSR, Official Court Reporter
						4335

	1			Q.	All right.  I guess that is just a
	2	coincidence that have you changed your appearance, before
	3	you come before this jury today; is that correct?
	4			A.	Yes, sir.
	5			Q.	I don't suppose that you have given
	6	Mr. Mulder or Mr. Mosty, or any of these other attorneys
	7	a written statement, have you?
	8			A.	No, sir, I have not.
	9			Q.	So, as we have heard before, I don't
10	have any way of knowing, whether or not the story you are
11	telling this jury this afternoon, is the story that you
12	came up with yesterday, or the day before, or the first
13	day of trial.  I don't have any way of knowing that, do
14	I?
15
16				MR. DOUGLAS D. MULDER:  Excuse me,
17	Judge.  He gave a written statement to the police.
18				MR. GREG DAVIS:  No, sir, I'm talking
19	about one to Mr. Mulder, since the trial has begun.
20				THE COURT:  I'll sustain the
21	objection.  Answer the question.
22
23	BY MR. GREG DAVIS:
24			Q.	So, the answer is, you have not given
25	a written statement to Mr. Mulder, or Mr. Mosty, or any
			Sandra M. Halsey, CSR, Official Court Reporter
						4336

	1	other attorney representing your wife, have you?
	2			A.	No, sir.
	3			Q.	Okay.  The sock that is in evidence,
	4	you know which one I'm talking about, don't you?  The one
	5	that came from the alley?
	6			A.	Yes, sir.
	7			Q.	That sock is yours?
	8			A.	I don't know that.
	9			Q.	You don't?
10			A.	I haven't seen it.
11			Q.	Do you want me to show you that sock?
12			A.	If you would.
13			Q.	I mean, we know which sock we're
14	talking about, don't we?  I'm talking about the sock that
15	the police found down the alley.  Okay?
16			A.	Yes, sir.
17			Q.	If we're in agreement on that sock,
18	that is the one I'm talking about.  That is your sock,
19	the one that the police found down the alley?
20			A.	How do you know it's my sock.
21			Q.	Well, because you told Corrine Wells,
22	back on December the 3rd of 1996, it was yours, didn't
23	you?
24			A.	I said I wouldn't be surprised if it
25	wasn't mine.
			Sandra M. Halsey, CSR, Official Court Reporter
						4337

	1			Q.	No.  You remember Corrine Wells, don't
	2	you?
	3			A.	Who?
	4			Q.	Corrine Wells?
	5			A.	No, sir.
	6			Q.	Well, maybe -- let's take you back.
	7	You know the house that you lived in on Bond Street,
	8	don't you?
	9			A.	Yes, sir.
10			Q.	Okay.  Matter of fact, you went there
11	on December the 3rd of '96, didn't you?
12			A.	Yes, sir, I did.
13			Q.	Yeah.  She caught you out there
14	looking at the window screens at that house at about 5:20
15	in the afternoon, didn't she?
16			A.	Yes, sir, she did.
17			Q.	And then, she started talking with you
18	and you went inside and talked with her for, what, about
19	an hour and a half to two hours, didn't you?
20			A.	Yes, sir, we had a good talk.
21			Q.	And among the other things that you
22	said was, that that was your sock, that it had come from
23	your utility room, inside of your house, correct?
24			A.	Yes, sir.
25			Q.	And you also told her that if Darlie
			Sandra M. Halsey, CSR, Official Court Reporter
						4338

	1	wanted to take that sock and put it down the alley, it
	2	would take her only 27 seconds to do that, didn't you?
	3			A.	No, sir, I didn't say that.
	4			Q.	That is something you didn't tell her?
	5			A.	No, sir.
	6			Q.	That screen that was out there in the
	7	garage, when you were out there on June the 5th of '96
	8	for the inventory for the garage sale, do you remember
	9	that time?
10			A.	Yes, sir.
11			Q.	That screen wasn't cut then, was it?
12			A.	No, it wasn't.
13			Q.	Matter of fact the last time that you
14	saw that screen that evening, everything was just fine on
15	it, wasn't it?
16			A.	Yes, sir.
17			Q.	And yet, when you went over there to
18	Corrine Wells on December the 3rd of 1996, you went there
19	for the purpose of seeing whether you had cut screens on
20	your old house there at Bond, didn't you?
21			A.	Yes, sir, I did.
22			Q.	So you were trying at that time,
23	weren't you, Mr. Routier, to come up with some feasible
24	story to tell this jury, as to how that window screen got
25	cut that evening, weren't you?
			Sandra M. Halsey, CSR, Official Court Reporter
						4339

	1			A.	No, sir, I was just very interested.
	2			Q.	You were just curious?
	3			A.	I was very curious.
	4			Q.	Very curious about whether the screens
	5	were cut over there on Bond Street?
	6			A.	Yes, sir.
	7			Q.	The house that you haven't lived in in
	8	three years?
	9			A.	Yes, sir.
10			Q.	Just a moment ago, when Mr. Mulder was
11	questioning you, he started asking you about your wife's
12	emotional state back in '95 and I wrote down that you
13	said that she had the blues a couple of days and that
14	that didn't concern you; is that right?
15			A.	Yes, sir, it didn't.
16			Q.	Okay.  Was that your testimony just a
17	few minutes ago?
18			A.	Yes, sir.
19			Q.	Matter of fact, isn't it true, Mr.
20	Routier, that there were a lot of things that were
21	troubling your wife back then?
22			A.	No.
23			Q.	Do you know who Jamie Johnson is, Mr.
24	Routier?
25			A.	CPS.
			Sandra M. Halsey, CSR, Official Court Reporter
						4340

	1			Q.	Yes, sir, do you remember talking with
	2	Jamie Johnson?
	3			A.	Yeah, I do.
	4			Q.	You had to good, long conversation
	5	with her, didn't you?
	6			A.	Too long.
	7			Q.	Do you remember that you and Jamie
	8	Johnson discussed your wife's emotional state, and among
	9	other things that you told her, that your wife was
10	depressed, tired, and was not herself, do you remember
11	making that statement to Jamie Johnson?
12			A.	Yes, sir, on those two days.
13			Q.	Just two days?
14			A.	A few days.
15			Q.	Okay.  Well, two days or a few days,
16	what do you mean by a few days?  Three, four, five --
17	give me a number?
18			A.	Two to three probably.
19			Q.	Two to three.  Okay.  And do you
20	remember when you talked with Jamie Johnson, that you
21	told her, that your wife said to you, "I'm sick of
22	everything.  I'm having a hard time getting the house
23	cleaned."
24				Do you remember that?
25			A.	It's a big house.
Sandra M. Halsey, CSR, Official Court Reporter 
	4341

	1			Q.	Well, I didn't ask you how big your
	2	house was.
	3			A.	Did I say that?
	4			Q.	Yes, sir.
	5			A.	I don't know.  I don't have that in
	6	front of me.
	7			Q.	So, you don't know whether you said
	8	that to her.  And, do you remember also, when you
	9	discussed this with Jamie Johnson that the kids came up
10	during that discussion, didn't they?
11			A.	Yes, sir, they did.
12			Q.	The problems that the kids were
13	causing your wife back in that time period?
14			A.	Those kids didn't cause us any
15	problems at all, Mr. Davis.
16			Q.	Let me ask you again:  Did the kids
17	come up in your conversation that you had with Jamie
18	Johnson?
19			A.	Well, I don't have that information.
20	I don't know what I said to Jamie Johnson.
21			Q.	You just don't remember the
22	conversation then?
23			A.	Sir, she was prying into my business.
24			Q.	I didn't ask you that.  I said, do you
25	remember the conversation that you had with the CPS
			Sandra M. Halsey, CSR, Official Court Reporter
						4342

	1	worker?
	2			A.	Not all of it.
	3			Q.	Well, let me give you a statement
	4	then.  Do you remember telling Jamie Johnson that your
	5	wife wanted everything perfect in that house.  That she
	6	was a cleanaholic, it's -- "It's kind of an obsession.
	7	She will clean and clean, but the kids would be right
	8	behind her making bigger messes."
	9				You made that statement to Jamie
10	Johnson, didn't you?
11			A.	I doubt it.
12			Q.	You doubt it?  Can I take that as a no
13	then, Mr. Routier, that you didn't make that statement?
14			A.	I probably said some of it.  She is a
15	very clean person.
16			Q.	Okay.
17			A.	I don't think that is --
18			Q.	All right.  Well, let me just take it
19	then -- what part of it did you say?  Did you say the
20	word cleanaholic?
21			A.	Probably.
22			Q.	Okay.  Yes to cleanaholic.  Next
23	statement:  "It's kind of an obsession."  Did you say
24	that?
25			A.	No.
			Sandra M. Halsey, CSR, Official Court Reporter
						4343

	1			Q.	That is a no.  "She will clean and
	2	clean."  Did you say that?
	3			A.	Yes, sir.
	4			Q.	Yes.  "But the kids would be right
	5	behind her making bigger messes."  Did you say that?
	6			A.	No, sir.
	7			Q.	Okay.  So no to that.  And, in that
	8	same discussion, do you remember discussing with her the
	9	disappointment that your wife felt, when Drake turned out
10	to be a boy instead of a girl?  Do you remember that?
11			A.	No.
12			Q.	In fact, your wife was very
13	disappointed that she didn't have a girl when Drake was
14	born, didn't she?  She very disappointed?
15			A.	No, she wasn't.
16			Q.	Well, in that conversation with Jamie
17	Johnson, y'all discussed that, didn't you?  And didn't
18	you make --
19			A.	We were both disappointed a little bit
20	whenever we had the sonogram.  We knew way before Drake
21	was born that he was going to be a boy, and we were very
22	proud of having another boy.
23			Q.	Okay.  So the disappointment didn't
24	come at the time he was born, it came when you found out
25	that you were going to have a boy; is that right?
			Sandra M. Halsey, CSR, Official Court Reporter
						4344

	1			A.	It was a one day -- "Gee, we wish we
	2	could have had a girl."
	3			Q.	Well, a blue period for one day this
	4	time?
	5			A.	That wasn't a blue period.
	6			Q.	Well, what shade would you call it?
	7			A.	What can you do?  God gave us a boy.
	8			Q.	Would you say disappointed, right?
	9			A.	Not disappointed.
10			Q.	Because you told Jamie Johnson, didn't
11	you:  "Of course, we wanted a little girl.  We still do."
12				You told Jamie Johnson that, during
13	that interview, didn't you?
14			A.	I did?
15			Q.	Well, that is my question to you.  Did
16	you or not?
17			A.	I don't remember.
18			Q.	So that is a maybe?
19			A.	Mr. Davis, I don't know exactly what
20	all happened in that conversation with her.
21			Q.	Okay.  Would it be fair to say that
22	you just don't remember whether or not you said that,
23	right
24			A.	Well, wouldn't that information be
25	given in a civil case?
Sandra M. Halsey, CSR, Official Court Reporter 
	4345

	1			Q.	Sir, would you please answer my
	2	question?  My question to you is:  Do you remember making
	3	that statement to Jamie Johnson?
	4			A.	I don't remember, no, sir.
	5			Q.	Okay.  And in that same conversation,
	6	do you remember discussing with Jamie Johnson how the two
	7	boys, Devon and Damon, started to get in the way of your
	8	relationship with your wife; do you remember that?
	9			A.	No, sir, that is not true.
10			Q.	That came up in that conversation,
11	didn't it?
12			A.	No, it didn't.
13			Q.	And do you remember what you told
14	Jamie Johnson when you started talking about the two boys
15	and your relationship that you got with your wife; do you
16	remember what you said to her?
17			A.	No.
18			Q.	Let me read something:  Do you
19	remember in that conversation with Jamie Johnson, that
20	you said to her:  "There was no time for me and Mommy to
21	be sexy or run around in the house naked"?
22			A.	No, sir.
23			Q.	Okay.
24			A.	That is a false statement.
25			Q.	So, if that is made by Jamie Johnson,
			Sandra M. Halsey, CSR, Official Court Reporter
						4346

	1	that is either incorrect, or she is lying?
	2			A.	She is lying.
	3			Q.	She is a liar?
	4			A.	No, lying, not a liar.
	5			Q.	Okay.  Well, she is lying about that
	6	statement there?
	7			A.	Yes, sir.
	8			Q.	Okay.  And you also remember, don't
	9	you, your wife really took a lot of pride in her
10	appearance, didn't she?  She still does, doesn't she?
11			A.	It depends on how you look at it.
12			Q.	Well --
13			A.	She likes to look nice.
14			Q.	Okay.
15			A.	She is a very beautiful girl.
16			Q.	Okay.  Matter of fact, when Drake was
17	born, she had a lot of trouble losing weight, didn't she?
18			A.	Not a lot of trouble.
19			Q.	Okay.  She use to be a size 4 and she
20	went to a size 8, didn't she?
21			A.	Six.
22			Q.	Okay.  Do you remember telling Jamie
23	Johnson about that, and you told Jamie Johnson that she
24	went from a size 4 to a size 8, you said that to her,
25	didn't you?
			Sandra M. Halsey, CSR, Official Court Reporter
							4347

	1			A.	Well, I don't believe so.
	2			Q.	So, that is a no to that one.
	3				And then, it is a fact, isn't it, that
	4	your wife was concerned enough about her appearance that
	5	she started taking diet pills, didn't she?
	6			A.	Yes, sir, she did.
	7			Q.	She really wanted to go back to
	8	looking the way she had before Drake was born, didn't
	9	she?
10			A.	She only had 10 or 12 pounds to lose.
11			Q.	I mean, after all, what two or three
12	years earlier, y'all had spent five thousand dollars for
13	breast implants, hadn't you?
14			A.	Yes, sir, we did.
15			Q.	So appearance was very, very important
16	to your wife, wasn't it?
17			A.	Do you want an explanation for that?
18			Q.	No, sir, I want you to answer my
19	question, please.  Her appearance was very important to
20	her, wasn't it?
21			A.	Yes, it was.
22			Q.	And it was very important to you too,
23	sir?
24			A.	Yes, sir, but it wasn't everything.
25			Q.	And as a result of the weight gain
			Sandra M. Halsey, CSR, Official Court Reporter
						4348

	1	with the baby, do you remember telling Jamie Johnson that
	2	she went into postpartum depression, that was somewhat
	3	aggravated by her weight.  That was part of her problem,
	4	wasn't it?
	5			A.	No, sir, that was not it.
	6			Q.	Okay.  So, do I understand your answer
	7	to be, that you did not tell Jamie Johnson that your wife
	8	was suffering from postpartum depression, somewhat
	9	aggravated by her weight.  You didn't make that statement
10	to her?
11			A.	No, sir.
12			Q.	Well, it was serious enough at that
13	time, that she began taking diet pills, didn't she?
14			A.	Serious, 10 to 12 pounds serious?  I
15	don't think so.
16			Q.	Well, she was taking diet pills,
17	wasn't she?
18			A.	Yes, sir, she was.
19			Q.	So obviously, she thought it was
20	important enough to her at that time, to start
21	voluntarily taking medication to get her weight down,
22	didn't she?
23			A.	Yes, sir, just like her mother.
24			Q.	What, does her mother take diet pills
25	too?
			Sandra M. Halsey, CSR, Official Court Reporter
						4349

	1			A.	And my mother.
	2			Q.	Okay.
	3			A.	And her sister and my sister.
	4			Q.	So you really weren't concerned, when
	5	she went to the doctor and started taking diet pills,
	6	even though she had 10 or 12 pounds, I don't guess that
	7	concerned you either, did it?
	8			A.	No, sir.
	9			Q.	And, when you came home that
10	afternoon, in May, on May the 3rd, and you found your
11	wife upstairs on the bed, writing that suicide note in
12	her journal, did I understand your testimony to be, that
13	you just had a good cry with her, and you woke up the
14	next day, and everything was fine?
15			A.	Yes, sir.
16			Q.	So, when you went off to work that
17	next day, you left convinced, that even though your wife
18	had been in the process of writing a suicide note the day
19	before, that everything is hunky-dory, and Darin just
20	goes off to work, and Darlie is left there at home.  That
21	is what happened, isn't it?
22			A.	Mr. Davis --
23			Q.	Sir, did you go to work the next day?
24			A.	Yes, sir, I did.
25			Q.	And Darlie stayed at home?
			Sandra M. Halsey, CSR, Official Court Reporter
						4350

	1			A.	Yes, sir.
	2
	3				MR. DOUGLAS D. MULDER:  Excuse me,
	4	Judge, if he will just do him the courtesy of letting him
	5	answer his questions.
	6				THE COURT:  Sustained.  Just let him
	7	answer the question.
	8				MR. GREG DAVIS:  Yes, sir, if he will
	9	answer the question that I have asked him.
10				THE COURT:  Okay.
11				MR. GREG DAVIS:  Yes, sir.  Thank you.
12				THE COURT:  Both side, just phrase
13	your questions properly, and answer just what he asks
14	you.  Please, sir.
15
16	BY MR. GREG DAVIS:
17			Q.	Matter of fact, back when it all
18	happened, you were a lot more concerned about it, than
19	you let on now, weren't you?
20			A.	No, sir.
21			Q.	Matter of fact, back then, when it all
22	happened, you really thought that your wife needed
23	professional help to deal with her problem, didn't you?
24			A.	That is not true.  I would have gotten
25	it for her.
			Sandra M. Halsey, CSR, Official Court Reporter
						4351

	1			Q.	Because when you talked with Jamie
	2	Johnson again, do you remember you discussed the problems
	3	that your wife was having, and do you remember you made
	4	the statement:  "A light went on in my head saying she
	5	needs help."  That is what you told Jamie Johnson, isn't
	6	it?
	7			A.	No, sir.  Now she is becoming a liar.
	8			Q.	So this is the one that trips the
	9	wire, and now Jamie Johnson is a liar; right?
10			A.	Yes, sir.
11			Q.	All right.
12			A.	I wouldn't use that phrase.
13			Q.	And, did I understand you to say, that
14	even though your wife -- you understood what your wife
15	was attempting to do when you came home that day, didn't
16	you?
17			A.	It was not an attempt.
18			Q.	Well, you understood the situation,
19	didn't you?
20			A.	Contemplation is the word I would like
21	to use.
22			Q.	Contemplating what?
23			A.	Contemplating on when to go to sleep
24	and when to wake up.
25			Q.	Suicide?
			Sandra M. Halsey, CSR, Official Court Reporter
						4352

	1			A.	If you want to call it that.
	2			Q.	Well, when you take pills, and you go
	3	to sleep, and you don't wake up, wouldn't you call that
	4	suicide?
	5			A.	She didn't attempt it.
	6			Q.	Well, please answer my question.
	7	Wouldn't you call that suicide, Mr. Routier?
	8			A.	Yes, sir, if she had done it, it would
	9	have been suicide.
10			Q.	And you knew that on that day she was
11	contemplating suicide, right?
12			A.	But I was there, she called out for
13	me.
14			Q.	Sir, would you please answer my
15	question?
16			A.	Yes, sir.
17			Q.	And yet, you didn't even pick up the
18	journal, read anything that was being written that day?
19	I mean, this was --
20			A.	No, sir, when I was there, I knew what
21	was happening.
22			Q.	Okay.  You didn't need to read the
23	journal, did you, to know what the situation was?
24			A.	No, sir.
25			Q.	And during that time period, you did
			Sandra M. Halsey, CSR, Official Court Reporter
						4353

	1	real well in '95 in your business, didn't you?
	2			A.	Yes, sir.
	3			Q.	And you did gross over two hundred and
	4	sixty-four thousand dollars that year, didn't you?
	5			A.	Yes, sir.
	6			Q.	'96 was a little bit different though,
	7	wasn't it?
	8			A.	Oh, really?  I did a hundred and
	9	eleven thousand dollars in five and a half months.
10			Q.	And '96 was going to be a little
11	slower, wasn't it?
12			A.	Maybe by a couple thousand.
13			Q.	And you had time periods -- really you
14	had a couple of months that were a little bit slow right
15	before the killings there in June, correct?
16			A.	Sir, that had nothing to do with this.
17			Q.	Sir, did I take that to be a yes then,
18	that you did have a couple of months that were a little
19	slow?
20			A.	If you would let me explain, sir.
21			Q.	Sir, did you have a couple of
22	months --
23
24				MR. RICHARD MOSTY:  Your Honor, you
25	know, we fought this with the State's witness forever.
			Sandra M. Halsey, CSR, Official Court Reporter
						4354

	1			THE COURT:  Gentlemen.
	2			MR. RICHARD MOSTY:  Your Honor, he
	3	needs to be able to explain his answers.
	4			THE COURT:  All right.  Just answer
	5	the question.  Just go ahead.  Ask the question, and give
	6	the answer, and explain your answer, if necessary.
	7			MR. GREG DAVIS:  Let me -- I'll
	8	restate the question.
	9			MR. RICHARD MOSTY:  Let him explain
10	it.
11			THE COURT:  Gentlemen.  Just a minute.
12	Ask the question.  He can explain his answer.
13			MR. GREG DAVIS:  Yes, sir.
14			MR. DOUGLAS D. MULDER:  Judge, excuse
15	me.  He has asked that question.  Let's let him explain
16	the answer.
17			THE COURT:  I'll let him explain the
18	answer.  Please be seated.
19			MR. DOUGLAS D. MULDER:  Thank you.
20			THE COURT:  Thank you.
21
22	BY MR. GREG DAVIS:
23		        Q.	Mr. Routier, did you have a couple of
24	months --
25
			Sandra M. Halsey, CSR, Official Court Reporter
							4355

	1				THE COURT:  Explain your answer to the
	2	last question.  He is asking the same question again.
	3	Answer it, and explain your answer.  Okay?
	4				THE WITNESS:  Okay.
	5
	6	BY MR. GREG DAVIS:
	7			Q.	Did you have a couple of months out
	8	there at your business, that were a little slow, before
	9	the killings occurred in June of '96?
10			A.	Mr. Davis, whenever it's slow in our
11	business, we try to enjoy it.  And knowing that the --
12	that the hump is fixing to come back up, and we're fixing
13	to get blasted with work.
14			Q.	So, sir, I don't know that I
15	understood.  Was that a yes?
16			A.	Yes, it was slow.
17			Q.	Thank you.
18			A.	Comfortably slow.
19			Q.	Comfortably slow?
20			A.	Yes, sir.
21			Q.	Well, when things got comfortably slow
22	there at your business, Mr. Routier, things got a little
23	bit uncomfortable with your personal finances, didn't
24	they?
25			A.	Not really.
			Sandra M. Halsey, CSR, Official Court Reporter
						4356

	1			Q.	I just asked you, would you consider
	2	being two months in arrears on your mortgage, comfortable
	3	or uncomfortable?
	4			A.	Well, it would be uncomfortable if it
	5	was true, but it's not true.
	6			Q.	I'll show you, Mr. Routier, a letter.
	7	This is State's Exhibit 83-B.  It's addressed to you and
	8	your wife from Mellon Mortgage Company.  You remember
	9	that letter, don't you?
10			A.	I had already made that payment.
11			Q.	Sir, do you recognize that?
12			A.	I don't remember ever seeing it, no.
13			Q.	Addressed to you?
14			A.	It's addressed to me.
15			Q.	And your wife?
16			A.	Yes, sir.
17			Q.	Correct?
18			A.	Yes, sir.
19			Q.	Matter of fact, this came out of your
20	Pathfinder, you know that, don't you?
21			A.	No, I didn't know that is where it
22	came from.
23			Q.	So now your testimony is, that even
24	though the letter is dated May the 8th of 1996, and
25	addressed to you at your home address of 5801 Eagle
			Sandra M. Halsey, CSR, Official Court Reporter
						4357

	1	Drive, now you are saying that you don't recognize this
	2	letter?
	3			A.	It doesn't mean I opened it.
	4			Q.	So again, your answer is, you don't
	5	recognize it?
	6			A.	I don't recognize it, no.
	7			Q.	Well, let me show you another letter
	8	then.  This will be State's Exhibit 83-A.  This is from
	9	American Express, dated May the 9th about a balance of
10	nine hundred and fifty-four dollars due.  It's addressed
11	to you, actually addressed to Darlie Routier at 5801
12	Eagle Drive.  Do you recognize State's Exhibit 83-A?
13			A.	Yes, sir, I do.  Can I explain that?
14			Q.	No.  Do you recognize that?
15			A.	Yes, sir.
16			Q.	Okay.
17
18				MR. GREG DAVIS:  Your Honor, at this
19	time, we will offer State's Exhibit 83-A.
20				MR. DOUGLAS D. MULDER:  No objection.
21				THE COURT:  State's Exhibit 83-A is
22	admitted.
23
24				(Whereupon, the items
25				 Heretofore mentioned
			Sandra M. Halsey, CSR, Official Court Reporter
						4358

	1				Were received in evidence
	2				As State's Exhibit No. 83-A,
	3				For all purposes,
	4				After which time, the
	5				Proceedings were resumed
	6				As follows:)
	7
	8			MR. GREG DAVIS:  Your Honor, may I
	9	briefly publish this to the jury?
10			THE COURT:  You may.
11			MR. GREG DAVIS:  Thank you.  This
12	letter is dated May the 9th, 1996, addressed to Darlie
13	Routier.  It has a total undisputed balance of $954.64.
14			"Dear Darlie Routier:  Perhaps in
15	these busy times you have forgotten to pay your American
16	Express bill.  Would you kindly take the time to send us
17	payment for $954.64.  Please use the enclosed envelope to
18	mail your payment for the balance due today.  If you have
19	already sent your payment, thank you."
20
21	BY MR. GREG DAVIS:
22		        Q.	How did you describe it on the tape?
23	Living large?
24
25			MR. DOUGLAS D. MULDER:  Excuse me,
			Sandra M. Halsey, CSR, Official Court Reporter
						4359

	1	Judge.  He asked him a question about that, and he has an
	2	opportunity to explain it.
	3				THE WITNESS:  No, that's all right.
	4				MR. GREG DAVIS:  Excuse me -- I didn't
	5	ask him this.
	6				THE COURT:  Just a minute, gentlemen.
	7	That question and answer was over.
	8				Mr. Davis, ask another question.
	9				MR. GREG DAVIS:  Thank you.
10				MR. DOUGLAS D. MULDER:  Thank you,
11	your Honor.
12				THE COURT:  Thank you.
13
14	BY MR. GREG DAVIS:
15			Q.	Living large has its costs; doesn't
16	it, Mr. Routier?
17			A.	To some people.
18			Q.	Well, you and the defendant were
19	living large out there in Rowlett, weren't you?
20			A.	What is living large?
21			Q.	Well, you tell me.  Those are the
22	words that you used on June the 14th of 1996 to Joe Munoz
23	of Channel 5.  What did "living large" mean to you back
24	then?
25			A.	Having a family that loves you.
			Sandra M. Halsey, CSR, Official Court Reporter
						4360

	1	Having a house that could accommodate all of the family
	2	members.  And having the ability to be able to go on
	3	trips and take them exactly where you want to go.
	4			Q.	Well, living large means having what
	5	you want, doesn't it?
	6			A.	And what you need.
	7			Q.	And having a lot of it.  Right?
	8			A.	Yes, sir.
	9			Q.	A 28 foot boat.  That is a nice boat
10	out there on Lake Ray Hubbard; wasn't it?
11			A.	It's a nice boat, yeah.
12			Q.	A redwood spa, that was brand new, put
13	in your back yard in '95.
14			A.	Yes, sir.
15			Q.	Okay.  A new two-door Jaguar, that was
16	a nice car to drive?
17			A.	It was not new, '86.
18			Q.	Sir, is that a two-door Jag that y'all
19	got?
20			A.	Yes, sir, it was.
21			Q.	That is just part of living large,
22	isn't it?
23			A.	A 1986?  No --
24			Q.	Sir, is that part of living large?
25
			Sandra M. Halsey, CSR, Official Court Reporter
						4361

	1				MR. RICHARD MOSTY:  Your Honor, let
	2	him answer the question.
	3				THE COURT:  Mr. Mosty.  Please.
	4				MR. RICHARD MOSTY:  He is explaining
	5	his answer.
	6				THE COURT:  I understand.  He can
	7	explain it.  The question was -- re-ask the question.
	8				MR. GREG DAVIS:  Yes, sir.
	9				THE COURT:  And you answer it, any way
10	you want to answer it, but please answer his question.
11	Thank you.
12
13	BY MR. GREG DAVIS:
14			Q.	Is that part of living large?
15			A.	Okay.  Yes, that is part of living
16	large, I guess.
17			Q.	Matter of fact, during that time
18	period, it would be fair to say, wouldn't it, Mr.
19	Routier, that you and your wife really got into kind of a
20	situation where you got caught up in the material side of
21	life, didn't you?
22			A.	The materialistic part of life had
23	nothing to do with that.  That was the fruits of your
24	labor.  When you bust your butt and you make a good
25	living, that is what you deserve.
Sandra M. Halsey, CSR, Official Court Reporter 
	4362

	1			Q.	Sir, did you and your wife get caught
	2	up on the material side of life during 1996?
	3			A.	Somewhat.
	4			Q.	Matter of fact, isn't it true, that it
	5	got to the situation where it was a little bit like a
	6	materialistic tornado for the two of y'all out there on
	7	5801 Eagle Drive?
	8			A.	No, sir.
	9			Q.	You know that phrase, don't you?
10			A.	No, sir, I don't.
11			Q.	Do you remember speaking with a Rick
12	Roberts of KRLD Radio, on November the 19th, 1996?
13			A.	Yes, sir, I do.
14			Q.	Do you remember stating to Rick
15	Roberts:  "I think we're so wrapped up in our careers,
16	we're wrapped up as human beings.  Especially in a large
17	city, that you get tied up in this materialistic whirl
18	wind, this tornado."  You remember saying that to Rick
19	Roberts, don't you?
20			A.	Yes, sir, and I was trying to explain
21	to people, exactly how materialistic we all become, and
22	how we need to really change our lives.  That the most
23	important thing in life is our children and our family.
24			Q.	That's right.  That is something that
25	you all forgot in '96, isn't it?  You and the defendant.
			Sandra M. Halsey, CSR, Official Court Reporter
						4363

	1	You got off the track, you got on the material side of
	2	life, and you lost sight of your two children for a
	3	while, didn't you?
	4			A.	No, sir, we did not.  Mr. Davis, we
	5	had everything we wanted.
	6
	7				MR. GREG DAVIS:  Sir.
	8				THE COURT:  Just answer the question.
	9	Go ahead.
10				MR. GREG DAVIS:  Thank you.
11
12	BY MR. GREG DAVIS:
13			Q.	I mean, you had a lot of expenses
14	coming in that you had to deal with, didn't you?
15			A.	And also I was making a lot of money.
16			Q.	Well, not enough to pay all of your
17	taxes for '95, did you?
18			A.	Well, I have always been behind on my
19	taxes for the last four years.
20			Q.	You were behind to the tune of ten
21	thousand dollars in your '95 taxes; weren't you?
22			A.	Yes, sir, I was.
23			Q.	You had about twelve thousand dollars
24	in credit card debt; correct?
25			A.	I'll take your word for it.
			Sandra M. Halsey, CSR, Official Court Reporter
						4364

	1			Q.	Well, you don't have to take my word
	2	for it.  Do you remember on July the 1st, that I asked
	3	you about your debt situation?
	4			A.	At the bond trial?
	5			Q.	And I asked you about your bills and
	6	you said the credit card debt of twelve thousand dollars.
	7	Do you remember that?
	8			A.	Mr. Davis, when you make a thousand to
	9	two thousand a --
10			Q.	Sir.
11			A.	Yes, sir.
12			Q.	Okay.  Thank you.  The Jaguar, that
13	Jaguar had been broken down, and then it would be fixed,
14	and then it would be broken down, and you would have to
15	fix it again.  That was kind of a long-standing problem
16	with the Jag, wasn't it?
17			A.	Not really.  It cost me three dollars
18	to get it fixed.
19			Q.	Okay.
20			A.	I usually always fixed it myself.
21			Q.	Okay.  Do you remember July the 1st, I
22	asked you about that Jaguar.  You said that your Jaguar
23	was broken right now.
24				"How long has it been broken?"
25				"Off and on probably for the last two
			Sandra M. Halsey, CSR, Official Court Reporter
						4365

	1	months."
	2				Is that what you said --
	3			A.	Same hose.
	4			Q.	The three dollar hose just kept
	5	breaking over and over again?
	6			A.	Yes, I kept burning it through, it was
	7	on the back of the transmission.
	8			Q.	Okay.  In your business, Rhett
	9	Williams, you know Rhett Williams, don't you?
10			A.	Yes, sir, I do.
11			Q.	He does some work on your equipment,
12	doesn't he?
13			A.	He did one time.
14			Q.	What time did you call Rhett Williams
15	on June the 5th, or was it June the 6th when you called
16	him?
17			A.	I don't know.  I had a power supply
18	that went out on one of my pieces of equipment.
19			Q.	Right.  He was working on that, wasn't
20	he?
21			A.	He was trying to fix it, yes.
22			Q.	All right.  That was an important
23	piece of equipment for you, wasn't it?
24			A.	Yes, sir, and I had one of my
25	customers send me one of them for free.
			Sandra M. Halsey, CSR, Official Court Reporter
						4366

	1			Q.	So, you have got a very important
	2	piece of equipment that is down, and he had had it now
	3	for a couple of days by the 5th, hadn't he?
	4			A.	Yes, sir, he was try to fix it, but
	5	didn't know how.
	6			Q.	All right.  And so my question to you
	7	is, when did you call him on the 5th?  Did you call him
	8	on the 5th to talk with him about the piece of equipment,
	9	to see when it was coming back to you?
10			A.	I don't know when I called him
11	exactly.
12			Q.	Well, you called him from your home,
13	right?
14			A.	I don't know.
15			Q.	Okay.  Well, do you remember calling
16	Rhett Williams?
17			A.	I did at one time, yes, sir.
18			Q.	Okay.  And my question to you is,
19	where were you when you called him?
20			A.	Where?
21			Q.	Yes, sir.
22			A.	I don't know.  I know Rhett Williams
23	pretty well.
24			Q.	Well, let me just ask you, after 7:00
25	P.M. on June the 5th, were you at home, from that point
			Sandra M. Halsey, CSR, Official Court Reporter
						4367

	1	on, making phone calls, if you made a phone call?
	2			A.	On what date?
	3			Q.	On the 5th, on that -- what is going
	4	to be on the night before the murders?
	5			A.	No, sir, I didn't make any phone calls
	6	that I believe.
	7			Q.	You didn't call Rhett William that
	8	day?
	9			A.	Oh, I may have called him that day,
10	but I don't know if I called him from home, or from work.
11			Q.	Let's talk about the insurance for a
12	moment.  You and the defendant had insurance policies,
13	correct?
14			A.	Yes, sir.
15			Q.	Both of the boys had insurance on them
16	for five thousand dollars as riders, correct?
17			A.	Yes, sir, it's a family rider.
18			Q.	How much insurance did have you on
19	baby Drake?
20			A.	We haven't -- he would have been added
21	on to the policy, automatically.
22			Q.	Well, on June the 6th of '96, he had
23	no insurance on him, did he?
24			A.	I wouldn't know.  I'm sure he would
25	have been covered.
			Sandra M. Halsey, CSR, Official Court Reporter
						4368

	1			Q.	Well, I mean, he is your child -- let
	2	me just ask you --
	3			A.	Have we called the insurance company
	4	to see?
	5			Q.	Sir.  No, what I'm asking is, you have
	6	already told me on June the 6th, '96, that you had life
	7	insurance on the older boys, Devon and Damon, for five
	8	thousand each; correct?
	9			A.	Yes, sir.
10			Q.	And I'm asking you, on June the 6th,
11	'96, how much life insurance did you have on baby Drake?
12			A.	He was only six months old, we hadn't
13	taken care of that yet.
14			Q.	Okay.  So none?
15			A.	None.  Actually, I think our insurance
16	company would have covered it.  It's an automatic family
17	rider.
18			Q.	That evening, on June 5th of '96, you
19	said that Dana came home from work with you, and she
20	stayed at your house for a period of time, and then you
21	took her back home to Garland, right?
22			A.	Yes, sir.
23			Q.	She had been staying there over night
24	at your house, hadn't she?
25			A.	Off and on, yes, sir.
			Sandra M. Halsey, CSR, Official Court Reporter
						4369

	1			Q.	Okay.  Actually she had been staying
	2	off and for about two weeks.  Actually, that is the first
	3	night that your sister-in-law didn't stay over night is
	4	the night of these murders, isn't it?
	5			A.	I wouldn't know.
	6			Q.	Well, weren't you staying there?
	7			A.	I was staying there at the house, but
	8	I'm real bad with dates.
	9			Q.	And times?
10			A.	A lot of times, yeah.
11			Q.	Um-hum.  (Attorney nodding head
12	affirmatively.)  Just not very good on details?
13			A.	No, I can remember details, I'm just
14	not real good with dates.
15			Q.	Well, I'm not asking for the dates,
16	I'm just asking you, up to that time, had your
17	sister-in-law been staying over night at your house?
18			A.	Off and on, yes, sir.
19			Q.	She didn't stay over night that night,
20	did she?
21			A.	No, sir.
22			Q.	And, when you talk about your wife
23	sleeping downstairs, I mean, the reason that she was
24	sleeping downstairs is because she is a very light
25	sleeper; isn't she?
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	4370

	1			A.	No.
	2			Q.	Well, she woke up every time that baby
	3	moved in its crib, didn't she?
	4			A.	That is a mother's instinct.
	5			Q.	Well --
	6			A.	That is something that me and you
	7	don't understand.
	8			Q.	Well, I think I understand it.  Okay.
	9	I'm asking you right now, wouldn't you consider that to
10	be a light sleeper?
11			A.	Someone that is a light sleeper can't
12	sleep with a TV on.
13			Q.	Yeah.  I was getting to that point.
14	Your wife was sleeping down there with the TV on that
15	night, wasn't she?
16			A.	Yes, sir, and that's how I sleep too.
17			Q.	Well, that didn't keep her from
18	sleeping; right?
19			A.	Right.
20			Q.	Slept down in the same room where
21	Damon was sleeping, right next to her.  That didn't keep
22	her from sleeping either, did it?
23			A.	Well, the boys had decided that they
24	were going to sleep in that room that night, and they had
25	already went and got their pillows and their blankets.
			Sandra M. Halsey, CSR, Official Court Reporter
						4371

	1			Q.	All right.  Well, my question again:
	2	Did Damon keep her up that night, or was she able to
	3	sleep with him in the same room?
	4			A.	Damon?
	5			Q.	Damon.  Your younger child.  Your
	6	middle child, Damon?
	7			A.	Did he keep her awake?
	8			Q.	Yes, sir.
	9			A.	No.
10			Q.	How about Devon?  He was sleeping in
11	the same room also, wasn't he?
12			A.	Um-hum.  (Witness nodding head
13	affirmatively.)
14			Q.	He didn't keep her up either?
15			A.	Well, they don't root and grunt.
16			Q.	And, apparently, wouldn't you agree
17	with me, that your wife apparently was able to sleep,
18	while your older child Devon was stabbed twice in the
19	chest; she slept through that too, didn't she?
20			A.	Yes, sir, she did.
21			Q.	And then she slept through your middle
22	child being stabbed four times in the back; correct?
23			A.	Yes, sir.
24			Q.	And then she actually slept through
25	her own stabbing, didn't she?
			Sandra M. Halsey, CSR, Official Court Reporter
						4372

	1			A.	Mr. Davis, we don't know that
	2	information.
	3			Q.	Oh, we do.
	4			A.	You do?
	5			Q.	Yes, sir.  She has already told you.
	6	Remember she told you that she woke up, and a man was
	7	walking away from her?
	8			A.	Could I ask you a question?
	9			Q.	No, sir, but you can answer my
10	questions.  Hadn't she already told you, Mr. Routier,
11	that when she woke up, that Damon pushed on her, woke her
12	up, and then she saw this man walking away; isn't that
13	right?
14			A.	She was obviously attacked.
15			Q.	While she was sleeping; right?
16			A.	That's what we did.  That's all we
17	did, was go to sleep that night.
18			Q.	Sir, wouldn't you agree with me, that
19	your wife's story to you, means that she slept through
20	her own stabbing, and didn't wake up until your middle
21	child woke her up there on the couch?
22			A.	Yes, sir.
23			Q.	Let me talk to you about this window
24	for a moment, out in the garage.  How good is your memory
25	of that window that night?  Real good?
			Sandra M. Halsey, CSR, Official Court Reporter
						4373

	1			A.	Pretty good.
	2			Q.	Has your memory gotten better over the
	3	last few months, or worse, or the same about this event?
	4			A.	Some things, when you talk about it
	5	250 times, you start to remember things that you didn't
	6	remember before.
	7			Q.	Well, back on September the 12th of
	8	'96, Mr. Mulder was not your attorney yet, was he?
	9			A.	No, sir, he was not.
10			Q.	Mr. Mosty wasn't on the case either,
11	right?
12			A.	No, sir.
13			Q.	So you had not had an opportunity to
14	talk with either of those two gentlemen; correct?
15			A.	No, sir.
16			Q.	Do you remember testifying just a
17	moment ago, that the window, when you saw it out there
18	that evening, was up six to eight inches, correct?
19			A.	Before I went to bed, yes, sir.
20			Q.	All right.  And we're talking about
21	the window that your later saw the screen cut on, that is
22	the window that I'm talking about, just so we're clear.
23	Is that the one that you are talking about too?
24			A.	Yes, sir.
25			Q.	And you are sure it was six to eight
			Sandra M. Halsey, CSR, Official Court Reporter
						4374

	1	inches up?
	2			A.	Um-hum.  (Witness nodding head
	3	affirmatively.)  I'm very sure.
	4			Q.	Are you as sure of that, as you are
	5	about the rest of the things that you have testified
	6	about this afternoon?
	7			A.	No.
	8			Q.	Because, do you remember we talked
	9	about that window, back on September the 12th also;
10	didn't we?
11			A.	I don't remember.
12			Q.	You don't remember what you told me
13	about the window and how open it was back then?
14			A.	I know when I went back into the
15	house, and I saw, and I walked through there, it was open
16	all the way up.
17			Q.	Correct.
18			A.	With a slit all the way across from
19	one end to the other.
20			Q.	That's right.  Because remember I
21	asked the question:  "Was the window also raised
22	somewhat?"
23				And you said:  "Yes, it was, it had
24	been raised up about that much.  Normally it was raised
25	the full, you know, 36 inches, or however big that window
			Sandra M. Halsey, CSR, Official Court Reporter
						4375

	1	is"?
	2			A.	Sometimes it was raised up that high.
	3			Q.	Well, remember you said:  "It was
	4	normally -- it was raised the full, you know, 36 inches
	5	or however big that window is"?
	6			A.	And I said that?
	7			Q.	Yes, sir, you did.  Would you like for
	8	me to show you that?
	9			A.	If you would, please.
10			Q.	Yes, sir I'll be happy to.
11
12				THE COURT:  Ladies and gentlemen, I
13	intend to continue with this witness.  Thank you.
14				MR. GREG DAVIS:  Thank you, Judge.
15
16	BY MR. GREG DAVIS:
17			Q.	My question was on line 17, of page
18	168, and your answer began on line 19?
19			A.	Look at this sentence?
20			Q.	The answer is going to be, "You"?
21			A.	Yes.
22			Q.	Do you see that now?
23			A.	Yes, sir.
24			Q.	Okay.  That is what you said back on
25	September the 12th, isn't it, Mr. Routier?
			Sandra M. Halsey, CSR, Official Court Reporter
						4376

	1			A.	Yes, sir, but I didn't say that that
	2	is how far up it was that night, when I went to bed.
	3			Q.	Okay.  The garage door, you just
	4	testified a few minutes ago, that when you were out there
	5	with the inventory for the garage sale, that the
	6	window -- that the garage door was up; correct?
	7			A.	The garage door, it was up when I was
	8	out there, I had pulled it down before I went to bed.
	9			Q.	All right.  So before you ever went
10	back inside that house, you closed it, and you latched
11	it, didn't you?
12			A.	Latched it from the inside.
13			Q.	Matter of fact, you locked the doors,
14	you locked both the front and the back doors of the
15	residence before you went to bed, didn't you?
16			A.	No, sir, I didn't.  I locked the front
17	door and only the garage door.  I never locked the door
18	in between the garage and the utility room.
19			Q.	Sir, on September the 12th of '96 do
20	you remember me asking you the question, after we had
21	talked about the garage door:  "And the other doors in
22	the house were locked when you went to sleep also?"
23				Do you remember what your answer was
24	back then, Mr. Routier?
25			A.	That they were all locked.
			Sandra M. Halsey, CSR, Official Court Reporter
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	1			Q.	Would you like for me --
	2			A.	I would --
	3			Q.	Would you like for me to show you your
	4	answer?
	5			A.	If you would, yes, sir.
	6			Q.	I'll be happy to.  My question begins
	7	on page 168 at line 3.  Your answer was at line 5.  Do
	8	you see your answer?
	9			A.	"The other doors in the house they
10	were locked when you went to bed?"
11			Q.	Yes, sir.  And your answer was:  "Yes,
12	sir."  Correct?
13			A.	Yes, sir.
14			Q.	Okay.
15			A.	The garage door, and the front door
16	were locked.
17			Q.	You see, that is not the question that
18	I asked back on September the 12th though, was it?  I
19	didn't say, "Did you lock the garage door, and the front
20	door?"  That is not the question that I asked, did I?
21			A.	You said all doors.
22			Q.	I said the other doors in the house.
23	You understood what I meant back then, didn't you?
24			A.	Well, I'm not really sure if I did or
25	not.
			Sandra M. Halsey, CSR, Official Court Reporter
						4378

	1			Q.	Sir, that is your house.  You know how
	2	many doors.  You have a front door, and a door to the
	3	garage and you have a garage door, don't you?
	4			A.	And a sliding glass door, and 48
	5	windows.
	6			Q.	That's right.  Matter of fact, the
	7	sliding glass was also locked, wasn't it?
	8			A.	Yes, sir, it was.
	9			Q.	Okay.
10			A.	All exterior doors were locked.
11			Q.	And again, I understand your testimony
12	to be that the window was not cut when you were out there
13	on June the 5th; correct?
14			A.	That's correct.
15			Q.	Now, kids had come in and out of that
16	window quite a bit in the past, hadn't they?
17			A.	I didn't know that, I have never seen
18	them do it before.
19			Q.	Well, you had heard about the kids
20	coming in to get popsicles, and other things out of the
21	freezer in the garage, hadn't you?
22			A.	I had some neighborhood kids tell me
23	that.
24			Q.	All right.  And, as a matter of fact,
25	the window frame itself is a little bent at the bottom,
			Sandra M. Halsey, CSR, Official Court Reporter
						4379

	1	where they had pulled the window screen back, and hopped
	2	in the window, and then they would go across there, and
	3	get popsicles and come back out; correct?
	4			A.	I don't know.
	5			Q.	That big old stain there, between the
	6	freezer and the window, that was a bunch of popsicles,
	7	Kool-aid, and other things, wasn't it?
	8			A.	I don't know.  I didn't examine it.
	9			Q.	And that had been there for sometime,
10	hadn't it?
11			A.	Probably.  It would have to be washed
12	out, if it was in there.
13			Q.	Okay.  That evening, Mr. Routier, when
14	you came down stairs, you never saw an intruder, did you?
15			A.	No, sir, I didn't.
16			Q.	You never heard an intruder?
17			A.	No, sir.
18			Q.	You never saw a vehicle leaving your
19	residence; correct?
20			A.	No, I didn't.
21			Q.	And you never heard a vehicle leaving
22	from your residence; did you?
23			A.	No, sir.  I didn't hear anything but
24	screams.
25			Q.	Now, I want to turn your attention to
			Sandra M. Halsey, CSR, Official Court Reporter
						4380

	1	another area of your testimony with Mr. Mulder, where
	2	we -- where you started telling about what you did with
	3	Devon and with Damon, okay?  And, as I understand your
	4	testimony, when you were over there with Devon, you
	5	testified that your wife went and got some towels, and
	6	then brought them over there to you, while you were
	7	actually blowing into his chest; right?
	8			A.	Yes, sir.
	9			Q.	Now, Mr. Routier, that is the first
10	time that you have told that story to anyone; isn't it?
11			A.	Not into his chest.  It was when I was
12	blowing into his mouth.
13			Q.	All right.  Into his mouth.  That is
14	the first time you have ever told that, where your wife
15	is over there next to you, while you are doing that,
16	isn't it?
17			A.	Well, I guess so.
18			Q.	Although we have talked about that
19	subject before; haven't we?
20			A.	Yes, sir, we never got into details.
21			Q.	Well, let's check that out.  Let me --
22	let me go into some of that with you.
23				Matter of fact, we went into pretty
24	good detail because I have asked you before, what your
25	wife was doing while you were performing CPR on Devon,
			Sandra M. Halsey, CSR, Official Court Reporter
						4381

	1	haven't I?  Do you remember those?
	2			A.	I don't remember.
	3			Q.	Okay.  September 12th again, do you
	4	remember I asked you this question:  "When you came into
	5	this Roman room and you went to Devon, did your wife
	6	follow you over to Devon?"
	7				And you said:  "No, not at that point.
	8	She went straight to the phone.  She went straight to the
	9	sink to get towels."  Do you remember that?
10			A.	Yes, sir.
11			Q.	Is that correct?
12			A.	That's correct.
13			Q.	Okay.  Well, that phone that we're
14	talking about, is on the wall in the kitchen; correct?
15	Close to the family room?
16			A.	It was a cordless phone.
17			Q.	Right.  But actually it's got a little
18	cradle up on the wall; doesn't it?
19			A.	Yes, sir.
20			Q.	Is that where she went to get the
21	phone?
22			A.	I guess.  It could have been on the
23	counter or anywhere.  That is just the charger.
24			Q.	And, how long did you stay over with
25	Devon?
			Sandra M. Halsey, CSR, Official Court Reporter
						4382

	1			A.	In minutes?
	2			Q.	Yes, sir.
	3			A.	I don't know.  It seemed like forever.
	4			Q.	Well, do you know how long you were
	5	over there?
	6			A.	Probably two or three minutes.
	7			Q.	Okay.  Back on September 12th, do you
	8	remember I asked you, and you said, "Probably 3 to 4
	9	minutes."  Does that sound about right?
10			A.	I have no idea.
11			Q.	Well, just in general, how good a
12	recall of this evening do you have?
13			A.	Mr. Davis, I have thought about this
14	for 265 days.
15			Q.	Does that mean that you have a good
16	recall?
17			A.	I try to remember as much as I can.
18			Q.	All right.  Well --
19			A.	For this purpose.
20			Q.	Your memory has got a lot better about
21	a lot of things since September the 12th, hasn't it?
22			A.	I'm a lot more emotionally strong,
23	too.
24			Q.	Okay.  Well, you know, I noticed that
25	you were trying to cry up there in front of this jury.
			Sandra M. Halsey, CSR, Official Court Reporter
						4383

	1	When I talked to you on September the 12th --
	2			A.	Trying to cry?
	3			Q.	Yes, sir.  That is exactly right.  You
	4	didn't have any problems -- you didn't try to cry on
	5	September the 12th with me, did you?
	6			A.	Well, sir, I was taking
	7	antidepressants.
	8			Q.	You weren't crying back then, were
	9	you?
10			A.	Well, I don't remember.  I just
11	remember being very scared.
12			Q.	Do you remember back on September the
13	12th, I asked you, "How much of this evening do you
14	really remember in great detail?"
15				And, do you remember what you said to
16	me back on September the 12th?
17			A.	Probably not very much.
18			Q.	"I was in shock"?
19			A.	Yeah.
20			Q.	"Not very much."
21			A.	Yeah.
22			Q.	And yet today, you remember which
23	paramedic knocked over which lamp shade, and which
24	paramedic righted the coffee table.
25			A.	I don't remember which one did what,
			Sandra M. Halsey, CSR, Official Court Reporter
						4384

	1	all I can tell you is, that they were paramedics.  I
	2	wouldn't know their faces if they were sitting right here
	3	in front of me.
	4			Q.	That is another thing.  Back on
	5	September the 12th, you didn't even recognize David
	6	Waddell, did you?
	7			A.	No, sir, I didn't.  And I looked right
	8	at him.
	9			Q.	You do now though, don't you?
10			A.	Well, I wouldn't know him unless he
11	was standing in here.
12			Q.	Well, do you remember that we went on
13	and we talked for a little bit more about your wife's
14	activities while you were with Devon.  And, do you
15	remember:  "All right.  Where was your wife during the
16	time that you were with Devon?"
17				And your answer:  "She was in the
18	kitchen, getting kitchen towels out of the thing.  I
19	could hear the water running, and then she took them
20	over -- she brought towels over to Damon."
21				Do you remember answering that?
22			A.	Over to Damon and over to Devon.  She
23	probably made six or seven trips back and forth to the
24	sink.
25			Q.	Well, let me direct your attention
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	1	back to your answer back on September the 12th.  And your
	2	answer beginning at line 20:  "Mr. Routier, did you
	3	mention anything about her bringing towels over to
	4	Devon?"
	5				And that answer, sir?
	6			A.	Can I see that?  Yes.  That is a true
	7	statement.  She was going back and forth from Devon to
	8	Damon.
	9			Q.	Well, you just read that answer out to
10	this jury so they can see what your answer was back on
11	September the 12th?
12			A.	Okay.  You said:  "All right.  Where
13	was your wife during the time that you were with Devon?"
14				"She was in the kitchen getting
15	kitchen towels out of the thing.  I could hear the water
16	running, and then she took him (sic) over, and brought
17	towels over to Damon."
18			Q.	All right.  To Damon?
19			A.	Yeah, to Damon.
20			Q.	Not to Damon and Devon?
21			A.	Well, I didn't finish my sentence.
22			Q.	Well, there is a period after that.
23	You mean you just didn't think of it back then?
24			A.	Well, back then, I was not getting my
25	full statements out.
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	1			Q.	Well, I didn't cut you off then, did
	2	I?
	3			A.	No, sir.
	4			Q.	Matter of fact, we have talked about
	5	it again.  That is not the last time that we talked about
	6	that, back on September the 12th, is it?  Do you remember
	7	other questions about that?
	8			A.	Which hearing was that?
	9			Q.	This was the no bond hearing.  Do you
10	remember that one?
11			A.	Very well, yes, sir.
12			Q.	All right.  Matter of fact, do you
13	remember you told me, that during the time that you were
14	doing the CPR on Devon, that about all you could see of
15	your wife was her head as she walked between the kitchen
16	sink, and the wine rack, back and forth in the kitchen?
17			A.	Yeah, back and forth about six or
18	seven times.
19			Q.	Right, in the kitchen.  She wasn't
20	over there where you were?
21			A.	No.  She was from the kitchen to
22	Damon, over to Devon.  How did these towels get to me?  I
23	didn't get them.
24			Q.	Sir, you never did, in your testimony
25	of September 12th ever mention your wife coming over
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	1	there, and doing anything with Devon, did you?
	2			A.	I wasn't asked.
	3			Q.	Sir, I asked you a lot of times, about
	4	what your wife was doing; do you remember that?
	5			A.	A lot of things I don't remember.
	6			Q.	Well, let me go to page 143.  Actually
	7	page 142, I asked you again:  "All right.  So whatever
	8	you say then is directed toward Devon, who you were
	9	attending to, is that correct?"
10				"Yes, um-hum.  That, and then me
11	waiting for Darlie to get off the phone, so I could find
12	out what happened."
13				I mean, your wife was on the phone to
14	911 the entire time?
15			A.	I heard what happened from what Darlie
16	was saying to 911, she didn't have to repeat it to me.
17			Q.	Okay.  And then I asked you:  "Well
18	then I take it, that during the entire time that you were
19	with Devon, she is still on the phone?"
20				And your answer to that is:  "That is
21	probably about right."
22				Correct?
23			A.	I wouldn't put it in those words.
24			Q.	All right.
25			A.	It's not what you say, it's how you
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	1	say it.
	2			Q.	Well, I want you to make sure that I
	3	have not misquoted you.  If you will look at page 142,
	4	line 16 through 17 or 18, those are my -- that is my
	5	question.
	6				Your answer is:  "That is probably
	7	about right."  Have I correctly stated what you answered
	8	back on September the 12th?
	9			A.	Yes, sir.  You just said it with some
10	sarcasm.
11			Q.	Oh.  The truth of the matter is, back
12	on September the 12th, your testimony -- during that
13	hearing, it was very important for you to put your wife
14	by that kitchen sink, as much as you could, wasn't it?
15			A.	Not really, I wasn't even discussed
16	about it.
17			Q.	Sir?
18			A.	I never even talked with anyone about
19	it.
20			Q.	Matter of fact, that is one of the
21	very first things that you told me that you remembered
22	about your wife that evening, wasn't it?
23			A.	What?
24			Q.	That she went directly to the kitchen
25	sink?
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	1			A.	She grabbed the phone, she went to the
	2	kitchen sink, she was going from Devon and Damon, back
	3	and forth rendering aid.
	4			Q.	Matter of fact, when you talked with
	5	Jamie Johnson again, you never mentioned anything about
	6	your wife being there with you, while you were doing CPR
	7	on Devon, did you?
	8			A.	I didn't feel like I had to tell
	9	anybody anything.
10			Q.	Even though she is asking you
11	questions about the event, you didn't feel the need to
12	answer those questions?
13			A.	Matter of fact, I wish I hadn't.
14			Q.	I bet you do.  You just -- matter of
15	fact, your wife, she didn't do CPR on Devon, did she?
16			A.	No, sir, she doesn't know how to do
17	CPR, I did.
18			Q.	That's correct.  She didn't do CPR on
19	Damon either, did she?
20			A.	No, she did what she could.  She got
21	help there as fast as possible.
22			Q.	What is it that she did with Damon?
23			A.	She put towels on his back.  She was
24	talking to him, trying to comfort him.  She kept yelling
25	that, "He was alive just a minute ago.  He was alive just
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	1	a minute ago."
	2			Q.	All right.  So she laid a towel on his
	3	back; correct?
	4			A.	Yes, sir.
	5			Q.	Okay.
	6			A.	And when I went over, I picked up that
	7	towel.
	8			Q.	Okay.  And she didn't move Damon, is
	9	that correct?
10			A.	No, sir, I told her not to.
11			Q.	Matter of fact, you never moved him
12	either; right?
13			A.	No, sir, I was afraid to.
14			Q.	You were afraid to touch him, and you
15	didn't lift up his shirt either, did you?
16			A.	Yes, I did.
17			Q.	Are you sure about that?
18			A.	Yes, sir, I saw the blood --
19				THE COURT REPORTER:  Excuse me, you
20	saw what?
21			A.	I saw the wound in the center part of
22	his back.
23			Q.	Do you remember on September the 12th,
24	I asked you:  "Was that room pretty dark?"
25				And your answer was:  "Well, once the
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	1	light is off it is, but I didn't see any blood or
	2	anything wrong with him" -- you are talking about
	3	Damon -- "I mean, I didn't visually see it because it was
	4	like Devon's wounds.  But, I never lifted his shirt up or
	5	anything.  I was afraid to touch him."
	6			A.	I wasn't afraid to touch him.  He was
	7	my son.  I lifted his shirt up.  It was a black shirt, so
	8	blood was not as apparent as what it would be, if you
	9	were exposed to, you know, an exposed open wound.
10			Q.	Mr. Routier, back on September the
11	12th, do you remember the oath that you took, as a
12	witness, don't you?
13			A.	Yes, sir.
14			Q.	The very same oath that you took this
15	afternoon when you hit that witness stand, wasn't it?
16			A.	Yes, sir.
17			Q.	And you took an oath back on September
18	the 12th, to tell the truth, the whole truth and nothing
19	but the truth, didn't you?
20			A.	Yes, sir.
21			Q.	Now, sir, when you said:  "I never
22	lifted his shirt up or anything, I was afraid to touch
23	him," you were telling the truth back on September the
24	12th, weren't you?
25			A.	Just as I am telling the truth now.
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	1			Q.	Well, I'm having a hard time
	2	understanding how it could be true, that you never lifted
	3	his shirt up, and how it could be true that you did lift
	4	his shirt up?
	5			A.	Mr. Davis, I was there.
	6			Q.	Sir, did you lift it up, or did you
	7	not lift it up?
	8			A.	Yes, sir, I did lift it up.
	9			Q.	All right.  So when you said:  "I
10	never lifted it up," on September the 12th, that was not
11	true was it?
12			A.	Not all true.
13			Q.	Sir?
14			A.	I don't remember doing it.
15			Q.	Okay.
16			A.	I checked his pulse and I couldn't get
17	one.
18			Q.	Okay.
19
20				THE COURT:  Mr. Davis, will you be
21	much longer --
22				MR. GREG DAVIS:  No, sir.
23				Well, Judge, it could be --
24				THE COURT:  Well, I think the best
25	thing to do is -- the jury has been very patient with us,
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	1	and I appreciate that.
	2			MR. GREG DAVIS:  Yes, sir.
	3			THE COURT:  And we will continue the
	4	tomorrow morning at 9:00 o'clock.
	5			Please be seated in the courtroom,
	6	please.  The same instructions as yesterday:  Do not
	7	discuss this case among yourselves.  Do no investigation
	8	of your own.  Do not discuss this case with anybody,
	9	outside of the jury.  If someone tries to talk to you
10	about your testimony, tell the attorney for the side who
11	called you.
12			And, if you see this or hear it, or
13	read anything, or see any of this in the newspaper, or on
14	TV, or on radio, please ignore it.
15			We will see everybody here tomorrow
16	morning at 9:00 o'clock.  The viewing audience will
17	remain seated please, until the jury clears the
18	courthouse.  Thank you.
19			Oh, yes, and wear your jury badges at
20	all times in the courthouse.
21
22			(Whereupon, the jury
23			 Was excused from the
24			 Courtroom, and the
25			 Proceedings were held
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	1				In the presence of the
	2				Defendant, with her
	3				Attorney, but outside
	4				The presence of jury
	5				As follows:)
	6
	7			THE COURT:  All right.  You may step
	8	down now, Mr. Routier.
	9			THE WITNESS:  Thank you.
10			THE COURT:  Can I see both sides up
11	here a minute?
12			(Whereupon, a short
13				Discussion was held
14				Off the record, after
15				Which time the
16				Proceedings were resumed
17				As follows:
18
19			THE COURT:  Mr. Biggerstaff will let
20	y'all out of the door when it's time to go, and then if
21	everybody would clear the courtroom, please.  If somebody
22	wants to -- if any members of the press want to come back
23	in, that will be fine.  We need the whole courtroom
24	cleared when Mr. Biggerstaff says so.
25			All right.  I'm going to have the
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	1	attorneys here at 8:30 in the morning.  We are having
	2	that hearing, on that thing with Patterson.
	3			MR. GREG DAVIS:  Yes, sir, that is
	4	fine.  All right.
	5			THE COURT:  If you will be here at
	6	8:30.
	7			MR. GREG DAVIS:  Yes, sir.
	8			MR. DOUGLAS D. MULDER:  Yes, sir.
	9			THE COURT:  All right.  We will see
10	everybody then.  Thank you.
11
12
13			(Whereupon, the
14				Proceedings were
15				Recessed for the day,
16				To return on the
17				Next day, January 28, 1997
18				at 8:30 a.m., at which
19				time the proceedings
20				were resumed in open
21				Court.)
22
23			(These proceedings are continued to
24	the next volume in this cause.)
25
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	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
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	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			__________________________________
21			MARK TOLLE, JUDGE
22			Criminal District Court Number 3
23			Dallas County, Texas
24
25
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