1 IN THE CRIMINAL DISTRICT COURT NO. 3 2 DALLAS COUNTY, TEXAS 3 4 5 6 THE STATE OF TEXAS } NO. F-96-39973-J 7 VS: } & A-96-253 8 DARLIE LYNN ROUTIER } Kerr Co. Number 9 10 11 12 13 REPORTERS RECORD 14 JURY TRIAL 15 VOL. 43 OF 53 VOLS. 16 January 28, 1997 17 Tuesday 18 19 20 21 22 23 24 25 Sandra M. Halsey, CSR, Official Court Reporter 4399 1 C A P T I O N 2 3 4 BE IT REMEMBERED THAT, on Tuesday, the 28th day of 5 January, 1997, in the Criminal District Court Number 3 of 6 Dallas County, Texas, the above-styled cause came on for 7 a jury trial before the Hon. Mark Tolle, Judge of the 8 Criminal District Court No. 3, of Dallas County, Texas, 9 with a jury, and the proceedings were held, in open 10 court, in the City of Kerrville, Kerr County Courthouse, 11 Kerr County, Texas, and the proceedings were had as 12 follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 Sandra M. Halsey, CSR, Official Court Reporter 4400 1 2 A P P E A R A N C E S 3 4 5 HON. JOHN VANCE 6 Criminal District Attorney 7 Dallas County, Texas 8 9 BY: HON. GREG DAVIS 10 Assistant District Attorney 11 Dallas County, Texas 12 13 AND: 14 HON. TOBY SHOOK 15 Assistant District Attorney 16 Dallas County, Texas 17 18 AND: 19 HON. SHERRI WALLACE 20 Assistant District Attorney 21 Dallas County, Texas 22 23 APPEARING FOR THE STATE OF TEXAS 24 25 Sandra M. Halsey, CSR, Official Court Reporter 4401 1 ADDITIONAL APPEARANCES: 2 3 HON. DOUGLAS D. MULDER 4 Attorney at Law 5 2650 Maxus Energy Tower 6 717 N. Harwood 7 Dallas, TX 75201 8 9 AND: HON. CURTIS GLOVER 10 Attorney at Law 11 2650 Maxus Energy Tower 12 717 N. Harwood 13 Dallas, TX 75201 14 15 AND: HON. RICHARD C. MOSTY 16 Attorney at Law 17 Wallace, Mosty, Machann, Jackson & Williams 18 820 Main Street, Suite 200 19 Kerrville, TX 78028 20 21 AND: HON. S. PRESTON DOUGLASS, JR. 22 Attorney at Law 23 Wallace, Mosty, Machann, Jackson & Williams 24 820 Main Street, Suite 200 25 Kerrville, TX 78028 Sandra M. Halsey, CSR, Official Court Reporter 4402 1 2 AND: HON. JOHN HAGLER 3 Attorney at Law 4 901 Main Street, Suite 3601 5 Dallas, TX 75202 6 ALL ATTORNEYS REPRESENTING THE 7 DEFENDANT: DARLIE ROUTIER 8 MR. HAGLER HANDLING THE APPEAL 9 AND: 10 HON. ALBERT D. PATILLO, III 11 Attorney at Law 12 820 Main Street, Suite 211 13 Kerrville, TX 78028 14 APPEARING FOR: Witness- 15 Detective Jimmy Patterson 16 only on one date in trial 17 AND: 18 HON. STEVEN J. PICKELL 19 Attorney at Law 20 620 Earl Garrett Street 21 Kerrville, TX 78028 22 APPEARING FOR: Witness 23 Officer Chris Frosch 24 only on one date in trial 25 Sandra M. Halsey, CSR, Official Court Reporter 4403 1 P R O C E E D I N G S 2 3 January 28th, 1997 4 Tuesday 5 8:30 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: Mr. Mosty, are you ready? 20 MR. RICHARD C. MOSTY: Well, that 21 depends on what we're getting ready to do. 22 THE COURT: Well. All right. Where 23 is Mr. Mulder? 24 MR. RICHARD C. MOSTY: I don't know, 25 your Honor. Sandra M. Halsey, CSR, Official Court Reporter 4404 1 THE COURT: All right. Let the record 2 reflect that these proceedings are being held outside the 3 presence of the jury and all parties in the trial are 4 present. 5 Mr. Mosty, you will be representing 6 Mrs. Routier for this hearing. It's past 8:30 and I have 7 told everyone to be here at 8:30. 8 MR. RICHARD C. MOSTY: Yes, sir, I 9 will represent Mrs. Routier. 10 THE COURT: I figured that is what we 11 will do. 12 MR. RICHARD C. MOSTY: If that is okay 13 with the Court? 14 THE COURT: That is fine with the 15 Court. Fine with the Court. All right. The purpose of 16 this hearing today is we're discussing the microphones 17 that were put out at the cemetery. And Officer -- let 18 the record reflect that Officer Patterson is present, and 19 he has been appointed an attorney for this purpose, Mr. 20 Albert Patillo, from Kerrville; and Officer Frosch has 21 been appointed Mr. Steve Pickell, P-I-C-K-E-L-L, of 22 Kerrville. 23 And, Mr. Patillo, you have conferred 24 with your client? 25 MR. PATILLO: Yes, I have, your Honor. Sandra M. Halsey, CSR, Official Court Reporter 4405 1 THE COURT: And, what is the result of 2 that conference? 3 MR. PATILLO: We will decline to 4 testify further in this matter. And my client, on my 5 advice, will take the Fifth. 6 THE COURT: As regards to the 7 microphones at the cemetery? 8 MR. PATILLO: Yes, sir. 9 THE COURT: All right. Will you, have 10 Mr. Pickell, and his client, step in, please. 11 And, let the record reflect that 12 Officer Frosch -- and I am embarrassed, I have forgotten 13 your first name. 14 OFFICER CHRIS FROSCH: Chris. 15 THE COURT: Officer Chris Frosch, 16 F-R-O-S-C-H, is present, and with his attorney, Mr. Steve 17 Pickell. 18 And you have conferred with your 19 client, Mr. Pickell? 20 MR. PICKELL: Yes, your Honor. 21 THE COURT: Okay. What is the result 22 of that conference? 23 MR. PICKELL: Your Honor, Detective 24 Frosch would assert his Fifth Amendment right. 25 THE COURT: Concerning the testimony Sandra M. Halsey, CSR, Official Court Reporter 4406 1 as regards to the recording devices or the microphones, 2 or whatever, that were put up at the cemetery, and only 3 regards that, concerning only that portion; is that 4 correct? 5 MR. PICKELL: That is correct, your 6 Honor. 7 THE COURT: All right. Fine. 8 Anything, Mr. Davis? 9 MR. GREG DAVIS: Yes, sir. At this 10 time, the State would indicate that we believe this 11 testimony is not relevant, it's improper impeachment. 12 And, again, I'm talking about the subject of the mike on 13 the grave site. And we would ask that the Court instruct 14 Mr. Mulder not to go into these matters any further in 15 front of this jury, because again, we feel the 16 prejudicial effect here, of having to inform the jury 17 that these officers have taken the Fifth Amendment. 18 Again, we believe that the matters are 19 irrelevant and that they are improper impeachment. 20 THE COURT: The State is not going to 21 use anything that came out of that? 22 MR. GREG DAVIS: That is correct. We 23 are not going to go into that matter. We're not going to 24 offer any of those recordings, video or otherwise, so we 25 did not intend to talk about that matter in front of this Sandra M. Halsey, CSR, Official Court Reporter 4407 1 jury. 2 THE COURT: Was there any exculpatory 3 material in that? 4 MR. GREG DAVIS: No, sir, but in all, 5 in caution, I did turn over those matters to the defense. 6 THE COURT: So the defense has those 7 tapes? You gentlemen have those tapes? 8 MR. DOUGLAS MULDER: Judge, they are 9 the ones that first went into this matter. We didn't go 10 into anything at the grave site. They did. 11 THE COURT: All I want to know right 12 now, Mr. Mulder, is: Do you have those tapes? 13 MR. DOUGLAS MULDER: Well, I have some 14 tapes. I don't know whether I have those. 15 THE COURT: Did you listen to them? 16 MR. DOUGLAS MULDER: Yes, sir. 17 THE COURT: When were they given to 18 the defense? 19 MR. DOUGLAS MULDER: Well, we didn't 20 get into the case until -- 21 MR. GREG DAVIS: Probably sometime in 22 November, I believe. 23 MR. DOUGLAS MULDER: So, if it's like 24 everything else, it came in at the last minute or 25 sometime in January. Sandra M. Halsey, CSR, Official Court Reporter 4408 1 MR. RICHARD C. MOSTY: Well, let me 2 describe that, your Honor. There is a video tape, that 3 is obviously taken from a vehicle near the grave site, 4 that you can see it panning on various people. And, then 5 you hear the audio. 6 Sometimes the audio -- it depends on 7 how close they were to the mike, on whether or not you 8 could hear it. But that video is -- it starts off with 9 some gentleman out there watering the grave sites, 10 apparently an employee, and is, I am guessing, it covers, 11 maybe, as much as 14 hours that day. 12 THE COURT: Well, then the video 13 does -- 14 MR. RICHARD C. MOSTY: So it's hard to 15 say, and our copy -- I don't know what the State's copy 16 is like -- our copy is not all so great on the video 17 part. 18 MR. DOUGLAS MULDER: Judge, I would 19 like to point out to the Court, that I think felonious 20 conduct on the part of the police officers during an 21 investigation is always material. 22 It goes to the integrity of the 23 investigation. And, you know, whether they like it or 24 not, they are the ones that opened this up. We didn't go 25 into anything at the grave site. The prosecution did. Sandra M. Halsey, CSR, Official Court Reporter 4409 1 And, you know, they have to take the 2 bad with the good. They were smiling and telling jokes 3 when this video was on for the jury. And now they have 4 got to take the corresponding responsibility of what this 5 has brought. 6 So, any time the investigation has 7 been compromised by felonious conduct on the part of the 8 officers, it's always admissible to the jury. And, I 9 would certainly caution the Court, or remind the Court, 10 that they can't take the Fifth on part of their 11 testimony. 12 They are like everybody else when it 13 comes to getting on the witness stand. They can't assert 14 the Fifth just to a certain matter. And say, "I don't 15 want to talk about that, and I want to hide behind the 16 Fifth Amendment." 17 MR. RICHARD C. MOSTY: And not only on 18 the relevance issue, the Court has got to remember, that 19 Cron has testified that he decided within 20 minutes 20 that -- of the defendant's guilt, that the Rowlett Police 21 Department was informed of that, that Mr. Davis was on 22 the job within five days after that, and that this -- and 23 this whole focus, as I said in my opening statement, she 24 became the target in the rifle scope, at the beginning, 25 and the methodology and how Rowlett went about Sandra M. Halsey, CSR, Official Court Reporter 4410 1 investigating this, and choosing not to investigate other 2 things, is directly shown by going out and putting an 3 illegal bug out in a graveyard. 4 THE COURT: Okay. So you're using 5 this to impeach the officers; is that correct? 6 MR. RICHARD C. MOSTY: I don't know 7 that impeach is the right -- 8 MR. DOUGLAS MULDER: Not exclusively. 9 MR. RICHARD C. MOSTY: We're using it 10 to show what they did. It's just a simple fact of how 11 they investigated it. 12 MR. DOUGLAS MULDER: But, Judge, once 13 again, they brought it up. We didn't go into this 14 matter. And now they have got to take the bad with the 15 good. 16 THE COURT: Let Mr. Hagler make his 17 objections. These are the real objections. 18 MR. JOHN HAGLER: Well, your Honor, a 19 couple things as far as the facts. They are arguing 20 irrelevancy, your Honor. 21 Again, I think Mr. Mosty has already 22 stated, that certainly it's relevant, in the fact that 23 the defendant was targeted in this case within 20 minutes 24 as being the assailant. 25 And, certainly, this would have some Sandra M. Halsey, CSR, Official Court Reporter 4411 1 relevancy as to the jury, in our showing that there is a 2 motive on the part of the police department to actively 3 pursue the defendant and to target her as the assailant 4 in this case. 5 Secondly, your Honor, they have -- 6 again, they, of course, have offered the tape. They made 7 the issue of the grave site matter in this case. They 8 have injected this matter in front of the jury. 9 Certainly, we're entitled to bring out all of the 10 circumstances surrounding the grave, the grave site 11 matters, you know. 12 Furthermore, is the fact that they 13 have made the issue of lack of remorse at the grave side 14 an issue, and we're entitled to elicit all of the 15 testimony from these officers. 16 I might mention, they're talking about 17 tapes and the video. Now, to my understanding, and I 18 don't know all of the facts, obviously, but there was an 19 open wire on this grave side. 20 There may well be matters other than 21 that which appears on the tape, and on the video 22 surveillance. Of course, the tape is the intercept 23 problem we have here. 24 But we don't know what all transpired 25 out there. We don't know who was privy and overheard all Sandra M. Halsey, CSR, Official Court Reporter 4412 1 of these oral conversations. 2 As I understand it, if the Court 3 denies us an opportunity to confront and cross examine 4 these witnesses, we're denied the opportunity of 5 eliciting all the facts and testimony surrounding the 6 grave side event, and incidents. And, I would further 7 submit to the Court, that the Court can't simply rely on 8 the blanket assertion by the State, that there is no 9 exculpatory statements made during any of these 10 intercepted conversations. 11 I think it's for the Court to make 12 that decision. It's for us to be able to elicit that 13 such information by means of cross examination and 14 confrontation. 15 Your Honor, but if the Court rules 16 that and prohibits us from cross examining the witnesses 17 concerning their knowledge, the conversations, the events 18 surrounding the illegal intercept of the conversations at 19 the grave side, that would constitute a violation of the 20 defendant's Fifth and Sixth rights under the U.S. 21 Constitution and the Fourteenth Amendment rights. And 22 Article 1, section 10 of the Texas Constitution, and 23 specifically the right to confront and cross examine the 24 witnesses concerning the events surrounding the illegal 25 intercept. Sandra M. Halsey, CSR, Official Court Reporter 4413 1 Furthermore, your Honor, it would also 2 prevent us from going in, or offering in front of the 3 jury, the testimony regarding the credibility of the 4 witnesses, their motive and intent surrounding their 5 investigation in this case. 6 THE COURT: All right. Fine. The 7 Court finds -- that -- the Court holds this is improper 8 impeachment evidence. 9 The officers actions do not reflect 10 upon the officers -- the officer who has testified so 11 far. His actions do not reflect upon his character for 12 truthfulness or untruthfulness regarding his testimony in 13 this case. 14 Any recordings that may have been made 15 were not admitted as evidence, nor was there an attempt 16 to admit them as evidence. 17 For these reasons, I find that the 18 potential prejudice outweighs the probative value of this 19 evidence, and the defense is ordered not to go into it, 20 should these officers be recalled to the stand. 21 Now, if you want a running objection 22 on that, you may have it. 23 MR. JOHN HAGLER: Yes, your Honor. 24 MR. RICHARD C. MOSTY: Your Honor, we 25 can go into, for instance, things that refute, on that Sandra M. Halsey, CSR, Official Court Reporter 4414 1 tape, refute the inference that the State has done? 2 THE COURT: There was a videotape done 3 by Channel 5. I think everyone in the country has seen 4 out there. 5 MR. RICHARD C. MOSTY: Well, you know 6 what they didn't see, was the funeral service. The State 7 has illegally intercepted the funeral service where they 8 stand around and pray. The State offers the Silly String 9 part of the day, and they have the prayer there, where 10 the first part of it is the prayer where they illegally 11 intercept a prayer at a grave side. And we can't offer 12 that? 13 THE COURT: Well, I think that has 14 already been offered. 15 MR. GREG DAVIS: You know, your 16 Honor -- 17 MR. RICHARD C. MOSTY: We have a video 18 of it. 19 MR. GREG DAVIS: I don't think there 20 is any problem with Mr. Mosty or Mr. Mulder offering that 21 videotape. I mean, whatever was visually recorded out 22 there, we certainly don't have a problem with them doing 23 that. It's just the circumstances under which that was 24 gathered. You know, if they can show what happened out 25 there, if they want to show that videotape. Sandra M. Halsey, CSR, Official Court Reporter 4415 1 MR. DOUGLAS MULDER: But we can't ask 2 the -- 3 MR. GREG DAVIS: So they have that 4 option. And they still get to show what they feel is 5 important for them to show to this jury. 6 THE COURT: Well, anyway, that is 7 fine. If you want to do that, that will be fine, but 8 that is the Court's ruling, and the Court will note your 9 objection. 10 You don't have to object in front of 11 the jury for any purposes. You will have a running 12 objection. And, at 9:00 o'clock we will proceed. 13 MR. GREG DAVIS: Yes, sir. 14 MR. DOUGLAS MULDER: Just so I am 15 abundantly clear on this, are you telling me that if I 16 recall Detective Jimmy Patterson, that I can't go into 17 this matter at all? 18 THE COURT: That's correct. 19 MR. DOUGLAS MULDER: Okay. 20 MR. RICHARD C. MOSTY: And we can't 21 even go into the motive of how they conducted their 22 investigation? 23 It's been a central theme of this case 24 from the beginning, is that these men went to the -- went 25 to the stage of illegal activities, to try to target in Sandra M. Halsey, CSR, Official Court Reporter 4416 1 on this lady. That has been the beginning of this case, 2 and it is exactly what this case is about, in it's 3 entirety. Is that they never did anything, other than 4 focus on Darlie Routier, and they wanted to do it so bad, 5 that they would violate state and federal law to do so. 6 And we are not allowed to go into that? 7 THE COURT: Well, the Court ruling 8 stands. Thank you. 9 MR. DOUGLAS MULDER: Judge, let me ask 10 this just for a little direction from the Court. Does 11 the Court intend to give the jury any explanation or 12 clarification, or just let it -- 13 THE COURT: Well, we will go over the 14 charge at the appropriate time. I'm happy to do that. 15 MR. DOUGLAS MULDER: I mean, you don't 16 intend to say anything to the jury. You know, he was 17 plucked from the witness stand, rather inappropriately, 18 and I take it the Court doesn't -- 19 THE COURT: Well, I think both sides 20 agreed with that. I don't think he was plucked from the 21 witness stand. 22 MR. DOUGLAS MULDER: Well, he refused 23 to answer any questions, Judge, until he had a chance to 24 talk to his lawyer. 25 THE COURT: I understand that. Sandra M. Halsey, CSR, Official Court Reporter 4417 1 MR. RICHARD C. MOSTY: Well, if -- 2 MR. DOUGLAS MULDER: If they call -- I 3 understand if I call the officers, I can't go into it. 4 If they call them, can I go into it as impeachment? 5 THE COURT: Well, certainly if any 6 door is opened. I don't think they will be calling the 7 officer, but they may very well do it. But we want to 8 stay out of that, because I am holding that that is not 9 relevant in this particular case. 10 MR. DOUGLAS MULDER: Well, I'll 11 suggest to the Court, that the door is opened if they 12 talk about any part of the investigation, because this 13 was part of the investigation. 14 THE COURT: Well, let's take that up 15 at the appropriate time. 16 MR. DOUGLAS MULDER: Well, you know, 17 Judge, it kind of depends on -- it has interrupted our 18 strategy in this case. And you know, I can go with it 19 either way. I don't care what the rules are, just as 20 long as I know what they are. If I understand what the 21 rules are, I can play by anybody's rules. 22 THE COURT: Well, the rule now is 23 this: Don't go into it. 24 MR. DOUGLAS MULDER: All right. I 25 understand that. But, are they going to call -- if they Sandra M. Halsey, CSR, Official Court Reporter 4418 1 are going to call the officers, I will be allowed to go 2 into it? 3 THE COURT: Well, anything, Mr. 4 Mulder, that is opened up by any examination, you will be 5 allowed to go into. That is correct. 6 MR. DOUGLAS MULDER: Well, I would 7 suggest to the Court, that if they go into anything, 8 about an investigation, that this is part of the 9 investigation. 10 THE COURT: Well, we'll cover that at 11 the time that it comes. That may very well be the case. 12 MR. RICHARD C. MOSTY: Is the Court 13 going to allow, for instance, Mr. Frosch to get up and 14 testify about some things, and then in the middle of it, 15 prohibit -- or take the Fifth? 16 THE COURT: The Court is going to 17 allow -- if Mr. Frosch is called, Mr. Frosch will 18 testify. 19 MR. RICHARD C. MOSTY: Pardon me? 20 THE COURT: If Mr. Frosch is called, 21 he will testify. If the door is opened to anything, 22 certainly, you will be able to get into it. 23 MR. RICHARD C. MOSTY: So the Court is 24 going to let him get up and testify about some things, 25 and prohibit us from going into the full investigation? Sandra M. Halsey, CSR, Official Court Reporter 4419 1 THE COURT: We are not going to go 2 into whatever happened at the grave side as regards to 3 the alleged recordings out there. 4 MR. RICHARD C. MOSTY: Well, what 5 about the other officers who did it? Can we call them? 6 THE COURT: We will go each one 7 individually at the time. 8 MR. RICHARD C. MOSTY: All right. 9 THE COURT: Anything else? 10 MR. JOHN HAGLER: Just so I'm clear, 11 your Honor. You stated that, of course, we cannot 12 question them in front of the jury, but we also are 13 prohibited from questioning them during the hearing, as 14 to any and all statements. 15 THE COURT: You may question them 16 during the hearing. Do you want to question the officers 17 now? 18 MR. RICHARD C. MOSTY: Well, we 19 want -- one thing we want to know is we want to know 20 everyone who was involved in this. 21 THE COURT: Well, can you give them 22 that information? 23 MR. RICHARD C. MOSTY: And who knew 24 about it, participated in it, planned it. 25 MR. GREG DAVIS: That I don't know. I Sandra M. Halsey, CSR, Official Court Reporter 4420 1 don't know those facts. 2 MR. DOUGLAS MULDER: Well, maybe Mr. 3 Davis needs a lawyer. 4 MR. GREG DAVIS: Maybe you do. 5 THE COURT: Well, I doubt that. 6 MR. DOUGLAS MULDER: I've got one. 7 THE COURT: I doubt that. I think 8 both sides -- all right, gentlemen, fine. Excuse me, go 9 ahead, Mr. Davis. 10 MR. GREG DAVIS: I was just going to 11 say, in this matter, so that we can all be clear, if Mr. 12 Mulder believes that the door has been opened, would you 13 please instruct him to approach the bench, discuss this 14 matter with you, before he begins to go through that 15 "open door," because we both know what he is going to do 16 here. He has done it in the past. 17 MR. DOUGLAS MULDER: Judge, I'll know 18 when the door is open. 19 THE COURT: Both sides are so 20 instructed to approach the bench before you do that, if 21 that is necessary. 22 MR. DOUGLAS D. MULDER: Yes, sir. 23 MR. GREG DAVIS: Thank you. Yes, sir, 24 so we won't have a repeat of what he did on Friday. 25 MR. DOUGLAS MULDER: Judge, I'll do Sandra M. Halsey, CSR, Official Court Reporter 4421 1 that if it's not clear. And there wasn't anything 2 Friday. There wasn't anything said Friday about this 3 business. 4 MR. GREG DAVIS: No, I'm talking about 5 the other agreement that we had that he broke on Friday.. 6 MR. DOUGLAS MULDER: There wasn't any 7 agreement Friday, not to go into the fact that Patterson 8 was -- 9 THE COURT: Gentlemen, Friday has 10 passed. Friday has passed, and what occurred, occurred. 11 MR. RICHARD C. MOSTY: Yeah, well, 12 yesterday -- 13 MR. DOUGLAS MULDER: Well, I didn't 14 make any agreement with them, not to mention that, Judge. 15 THE COURT: All right, Mr. Mulder, 16 fine. 17 MR. DOUGLAS MULDER: Y'all may have 18 had an agreement among yourselves, but I wasn't a party 19 to it. 20 THE COURT: Mr. Mulder. We do not 21 have any agreements with the Court. Is that clear? 22 MR. DOUGLAS MULDER: Right. Well, I 23 wasn't a party to that agreement. I didn't have any 24 agreement with them. 25 THE COURT: We understand. Would you Sandra M. Halsey, CSR, Official Court Reporter 4422 1 please modulate your voice. I can hear you. 2 MR. DOUGLAS MULDER: I understand. I 3 didn't have any agreement with them. The only agreement 4 I had with them, was that their witnesses would be 5 present until -- the ones under subpoena -- until I 6 agreed to excuse them. And I never made that agreement. 7 I told them I would exercise that agreement Friday. 8 THE COURT: The Court understands what 9 happened last Friday, and that is over and passed and 10 done with. We're not going to discuss that. 11 MR. RICHARD C. MOSTY: Well, there is 12 also, for instance, a motion in limine prohibiting going 13 into breast implants that Mr. Davis went right through 14 yesterday without bothering to say, "Is the door open? 15 Can I go into this?" 16 And now we're supposed to abide by 17 these things and the State doesn't have to? 18 THE COURT: No. You all abide by 19 whatever motions are in the file. 20 MR. DOUGLAS MULDER: Well, Judge, 21 would the Court address that now? 22 THE COURT: Both sides are instructed 23 to stay within the motions of limine that are in there. 24 MR. DOUGLAS MULDER: Well, they 25 understood that, Judge. We went into it before the Sandra M. Halsey, CSR, Official Court Reporter 4423 1 Court. You understood it, they understood it, but they 2 barged right in. 3 THE COURT: All right. Well, the 4 Court will instruct both sides to remain within the 5 motions in limine. You both know what they are. Let's 6 stay with it. If anybody does anything against it, well, 7 let's stand up and object. There was no objection 8 yesterday. 9 MR. RICHARD C. MOSTY: Well, of course 10 not. 11 MR. DOUGLAS MULDER: All that would do 12 is call attention to it. That is why we filed the motion 13 in limine, so we don't have to object. 14 THE COURT: All right. 15 MR. RICHARD C. MOSTY: And that is why 16 Mr. Davis did it that way. 17 THE COURT: Gentlemen, gentlemen, we 18 are here this morning on the hearing on Officer Patterson 19 and Frosch. 20 MR. RICHARD C. MOSTY: Well, may I go 21 back to my question? 22 THE COURT: Yes. 23 MR. RICHARD C. MOSTY: I would like to 24 know who all was involved in this? 25 MR. DOUGLAS MULDER: Well, he said you Sandra M. Halsey, CSR, Official Court Reporter 4424 1 can go into that. Let's call Patterson -- 2 THE COURT: Just a minute. Just a 3 minute. Calm down, Mr. Mulder. I can only talk to one 4 attorney at a time. 5 If the State knows who was involved in 6 it, you may please find out, and please advise the 7 defense. 8 MR. GREG DAVIS: Yes, sir. 9 MR. RICHARD C. MOSTY: May we call one 10 of these gentlemen and find out? 11 THE COURT: You may indeed. 12 MR. RICHARD C. MOSTY: Mr. Patterson 13 is under oath, isn't he? 14 THE COURT: He is indeed. 15 MR. RICHARD C. MOSTY: May I 16 inquire -- 17 THE COURT: You may. Who was 18 involved -- I'll inquire. Who was involved in it? 19 MR. PATTERSON: I don't want to answer 20 that. 21 MR. DOUGLAS MULDER: Judge -- 22 THE COURT: Well, all right. 23 MR. DOUGLAS MULDER: Well, he either 24 answers or goes to jail, doesn't he? 25 THE COURT: Mr. Mulder, if I want Sandra M. Halsey, CSR, Official Court Reporter 4425 1 anything from you, I will ask you. Is that clear? 2 MR. DOUGLAS MULDER: Well, yes, sir. 3 THE COURT: Thank you very much. You 4 are refusing to answer that on the grounds that it may 5 tend to incriminate you; is that correct? 6 MR. PATTERSON: Yes, sir. 7 THE COURT: All right. Fine. 8 MR. RICHARD C. MOSTY: May we also 9 identify that Mr. Frosch says the same thing? 10 THE COURT: Mr. Frosch, is that your 11 answer? 12 MR. FROSCH: Yes, sir, it is. 13 MR. RICHARD C. MOSTY: So, now we 14 can't even find out who was involved? 15 THE COURT: Just a minute. Just a 16 minute. Just a minute, gentlemen. 17 All right. All right. The Court's 18 ruling is -- the Court's ruling stands as it is, as it 19 has been expressed. And if you object to that, we will 20 note your objection. 21 MR. RICHARD C. MOSTY: No. My inquiry 22 is, I want to know who else was involved. The State 23 ought to know, this is exculpatory evidence. This ought 24 to be turned over. 25 THE COURT: If the State knows who is Sandra M. Halsey, CSR, Official Court Reporter 4426 1 involved, please inform the defense. 2 MR. RICHARD C. MOSTY: I mean, first, 3 there ought to be an investigation going on in Dallas 4 County as we speak about this. 5 THE COURT: Well, there may very well 6 be one, but right now, we're in a trial in Kerrville. We 7 have completed this hearing, and it's five minutes until 8 9:00, and at 9:00 o'clock I intend to continue the cross 9 examination of Darin Routier -- or the direct (sic) 10 examination by Mr. Davis. 11 MR. RICHARD C. MOSTY: When is the 12 State going to give me that information? I mean, it's 13 not going to do me much good in May. 14 THE COURT: Well, the State -- Mr. 15 Mosty, we understand that. Mr. Davis, should you learn 16 the information, give it to the defense as soon as 17 possible. 18 MR. GREG DAVIS: Yes, sir, I will. 19 MR. RICHARD C. MOSTY: And are they 20 under a duty to inquire? 21 THE COURT: Yes, they are under a duty 22 to inquire. 23 MR. RICHARD C. MOSTY: I just want to 24 be clear, because if he never asks him, he might never 25 know it. Sandra M. Halsey, CSR, Official Court Reporter 4427 1 THE COURT: Well, Mr. Mosty, I think 2 that Mr. Davis and Mr. Shook and Miss Wallace will ask. 3 All right. Thank you. These 4 proceedings are concluded. 5 6 (Whereupon, a short 7 Recess was taken, 8 After which time, 9 The proceedings were 10 Resumed on the record, 11 In the presence and 12 Hearing of the defendant, 13 But outside the presence 14 Of the jury, as follows:) 15 16 THE COURT: All right. Let's go back 17 on the record. Briefly, Mr. Hagler has a couple more 18 objections he wants to make. 19 MR. JOHN HAGLER: Your Honor, I will 20 be very brief here with the Court. 21 Your Honor, just so that we are clear 22 on the ruling, your Honor, it's our understanding of the 23 ruling that both, of course, Frosch and Patterson have 24 invoked their Fifth Amendment privilege against 25 self-incrimination under the Fifth Amendment. Sandra M. Halsey, CSR, Official Court Reporter 4428 1 We further understand the Court's 2 ruling, that in light of that invocation of the Fifth 3 Amendment right, that we're prohibited from inquiring 4 from those two officers, and I assume other officers who 5 may be involved in this intercept. 6 As to the: One, we are prohibited 7 from cross examining and questioning the officers 8 regarding the intercept, and all facts surrounding the 9 intercept. 10 THE COURT: That's correct. 11 MR. JOHN HAGLER: And furthermore, if 12 we were given the opportunity to question the officers, 13 we would go into matters such as the procedures utilized, 14 who initiated the -- who made the decision to initiate 15 the intercept, the individuals involved in the intercept, 16 how it was conducted, and any and all information that 17 was learned through the intercept, including matters, not 18 only those matters on the tape, but also matters that may 19 have been overheard but were not recorded by the 20 officers. 21 THE COURT: All right. 22 MR. JOHN HAGLER: And furthermore, 23 your Honor, we would also submit that the State has made 24 the assertion that there was no exculpatory matters on 25 the tape, and, again, we would urge that it's not for the Sandra M. Halsey, CSR, Official Court Reporter 4429 1 State to make that decision. It's one that only the 2 Court can make, and the only one that we could bring to 3 light through cross examination and confrontation of 4 witnesses. 5 THE COURT: All right. Thank you. 6 MR. JOHN HAGLER: And finally, your 7 Honor, we would ask for a mistrial, based on our lack of 8 opportunity to cross examine the witnesses regarding 9 this, and the fact that we cannot question Patterson 10 regarding these matters. 11 THE COURT: All right. Thank you. 12 Now, had you made those objections prior to the ruling, 13 the Court's ruling would have been the same. Regarding 14 the motion for a mistrial, the motion for mistrial is 15 denied. With that in mind -- 16 MR. GREG DAVIS: Also, before the jury 17 comes in, if I could inform the Court, that during the 18 break, I delivered to Mr. Mulder and Mr. Mosty the names 19 of two officers who I was informed actually did the 20 taping. So they now have those names. 21 MR. DOUGLAS MULDER: I don't have 22 the -- I would like the names of the co-conspirators in 23 the record, if we might. 24 THE COURT: I think -- the names have 25 been delivered, Mr. Mulder. Thank you. Sandra M. Halsey, CSR, Official Court Reporter 4430 1 MR. RICHARD C. MOSTY: One point of 2 that delivery is, that these are Garland Police Officers, 3 which goes again, to show that they were not only -- not 4 only had Rowlett PD focused in, but they had focused in 5 with every other resource, and they brought in Garland PD 6 to do the illegal bug. 7 THE COURT: Thank you. 8 Now, I believe that Mr. Darin Routier 9 was on the stand on direct (sic) examination. 10 Mr. Biggerstaff, would you have him 11 step in, please? 12 MR. DOUGLAS MULDER: One last thing, 13 Judge, if we might. 14 THE COURT: Oh, just a minute. Okay. 15 MR. DOUGLAS MULDER: Aside from the 16 two names that we understand are Michael, R-O-B-E-R-B-S, 17 Roberbs. Is that supposed to be a T? 18 MR. GREG DAVIS: No, I believe it's a 19 B. 20 MR. DOUGLAS MULDER: Okay. 21 R-O-B-E-R-B-S. And Darin Baker. We want to know who 22 else knew of this plot. 23 THE COURT: Well, I doubt that there 24 are conspirators or a plot, but in any event, the Court 25 has directed Mr. Davis to give you the names available, Sandra M. Halsey, CSR, Official Court Reporter 4431 1 which he has done, and that will conclude this hearing. 2 And have Mr. Routier step in, please. 3 All right. 4 5 (Whereupon, the jury 6 Was returned to the 7 Courtroom, and the 8 Proceedings were 9 Resumed on the record, 10 In open court, in the 11 Presence and hearing 12 Of the defendant, 13 As follows:) 14 15 THE COURT: All right. Good morning, 16 ladies and gentlemen. 17 Let the record reflect that all 18 parties in the trial are present, and the jury is seated. 19 And we will continue with the direct (sic) examination of 20 Mr. Routier by Mr. Davis. You may proceed. 21 MR. GREG DAVIS: Thank you, Judge. 22 23 24 25 Sandra M. Halsey, CSR, Official Court Reporter 4432 1 Whereupon, 2 3 DARIN ROUTIER, 4 5 was recalled as a witness, for the Defense, having been 6 previously duly sworn by the Court, to speak the truth, 7 the whole truth, and nothing but the truth, was examined 8 and testified further in open court, as follows: 9 10 11 CROSS EXAMINATION (Resumed) 12 13 BY MR. GREG DAVIS: 14 Q. Mr. Routier, yesterday, do you recall 15 that we talked about your Jaguar? 16 A. Yes, sir. 17 Q. And, yesterday, do you recall telling 18 me what was wrong with that Jaguar? 19 A. Yes, sir. 20 Q. What was wrong with it? 21 A. There was a tube that was going to 22 the -- one of the diaphragms that goes up into the 23 transmission. 24 Q. Okay. I believe that you had told me 25 yesterday, that it cost about three dollars to have that Sandra M. Halsey, CSR, Official Court Reporter 4433 1 car fixed, correct? 2 A. Yes, sir. 3 Q. Now, on July the 1st, when you came 4 down to the courthouse and you were sworn in, do you 5 recall that we talked about the Jaguar at that time? 6 A. Yes, sir, I said that the transmission 7 had gone out. 8 Q. Okay. By the way, last night, did you 9 have a chance to go over your prior testimony? 10 A. No, sir. 11 Q. Okay. Did you talk to any lawyers 12 about your testimony? 13 A. No, sir. 14 Q. Nobody has talked to you? 15 A. I talked to Mr. Mulder about my sister 16 being -- just came in town. 17 Q. In July, when you came down, you told 18 me that the transmission was out, and it was going to 19 cost about three thousand dollars to fix that car, right? 20 A. I don't remember if it was three 21 thousand. 22 Q. Okay. About three thousand? 23 A. Well, I think it may have been more 24 around eight hundred. 25 Q. Okay. Sandra M. Halsey, CSR, Official Court Reporter 4434 1 A. It was a Turbo 400. 2 Q. Let me show you page 16 of that 3 transcript. Do you see where I said, "Would it be fairly 4 expensive to repair the automobile just to get it 5 running?" 6 Do you see your answer, "About three 7 thousand dollars". 8 A. Yes, sir. (Witness nodding head 9 affirmatively.) 10 Q. Okay. Was that your answer back on 11 July the 1st? 12 A. Yes, it is. 13 Q. And, in July, do you remember telling 14 me that you only had thirty-two hundred dollars available 15 to you? 16 A. I don't recall. 17 Q. Do you remember that? 18 A. Oh, at the bond hearing? 19 Q. Yes, sir. 20 A. I remember saying that, yes, sir. 21 Q. Okay. Now, if we can, let's talk 22 about your business for a while. Yesterday, Mr. Mulder 23 asked you certain questions about your business, how it 24 was doing in 1996. And if you could, tell me again what 25 you projected your earnings to be for 1996 for your Sandra M. Halsey, CSR, Official Court Reporter 4435 1 business. 2 A. I would project probably around a 3 quarter of a million dollars. 4 Q. Okay. Quarter of a million dollars. 5 Okay. Do you know what your income was through the first 6 five months of 1996, sir? 7 A. I have no idea. 8 Q. Okay. No ballpark figure? 9 A. No, sir. 10 Q. How were you doing this projection of 11 $250,000? 12 A. Just based on the first six months, I 13 did a hundred and eleven thousand. We would have had 14 June, July and August of our biggest months, about 40 or 15 50 thousand dollars during those three months. 16 Q. Of course, if your expenses are higher 17 than your income, it doesn't really matter how much you 18 are earning if you are spending more than you take in, 19 does it? 20 A. It really doesn't matter. 21 Q. I mean, it's not good, is it? 22 A. No, but we weren't spending more than 23 we were bringing in. 24 Q. Okay. Are you sure about that? 25 A. Yes, sir. Sandra M. Halsey, CSR, Official Court Reporter 4436 1 Q. Okay. Have you looked over your 2 business records? 3 A. Not since -- no. 4 Q. Okay. Is it possible that you could 5 be wrong about that? 6 A. It's possible. 7 Q. Yesterday, when Mr. Mulder was asking 8 you questions about your business situation, what records 9 had you gone over to tell us about the condition of your 10 business? 11 A. Just looking at my books. 12 Q. Okay. Bank account records, also? 13 A. No, I have a CPA for that. 14 15 16 (Whereupon, the following 17 mentioned item was 18 marked for 19 identification only 20 after which time the 21 proceedings were 22 resumed on the record 23 in open court, as 24 follows:) 25 Sandra M. Halsey, CSR, Official Court Reporter 4437 1 MR. GREG DAVIS: Your Honor, at this 2 time, we are going to offer State's Exhibit 50-B, which 3 is the remainder of the Bank One records that were 4 previously admitted as State's Exhibit 50. 5 50-B contains the bank records 6 pertaining to Testnec. These have also been on file more 7 than 14 days as a part of the other records. 8 THE COURT: When you do talk, please 9 speak loudly. The last two jurors are indicating that 10 they can't hear you. Okay. 11 Make sure that you speak loud enough 12 so that gentlemen there and the lady in the pink back 13 there can hear you. 14 THE WITNESS: Yes, sir. 15 THE COURT: Can you hear that? 16 THE WITNESS: Yes, sir. 17 THE COURT: All right. 18 MR. DOUGLAS MULDER: Judge, this 19 appears to be all 1995 records. 20 MR. GREG DAVIS: It's right here. 21 MR. DOUGLAS MULDER: Judge, if you're 22 ready, we're ready to be heard on this. 23 THE COURT: I'm ready. 24 MR. DOUGLAS MULDER: Judge, I don't 25 think the records from 1995 are relevant or material. We Sandra M. Halsey, CSR, Official Court Reporter 4438 1 have offered his income tax return that shows he grossed 2 263 thousand. Are they suggesting that he overstated his 3 income so he could pay more taxes? 4 THE COURT: I think the exhibits will 5 speak for themselves. Are you objecting to the exhibit? 6 MR. DOUGLAS MULDER: Well, I object to 7 those. I don't object to the -- so far as they go, to 8 the records in 1996. 9 MR. GREG DAVIS: Well, your Honor, I 10 think, at this time, that we will agree to withdraw any 11 bank records pertaining to 1995, and simply then offer as 12 State's Exhibit 50-B, the records pertaining to 1996. 13 And in State's Exhibit 50-C, we will separate out 1995 14 and offer those for record purposes only. 15 THE COURT: Is that satisfactory? 16 MR. DOUGLAS MULDER: Well, let me take 17 a look at these, Judge. 18 19 (Whereupon, the following 20 mentioned item was 21 marked for 22 identification only 23 as State's Exhibit No. 50-C 24 after which time the 25 proceedings were Sandra M. Halsey, CSR, Official Court Reporter 4439 1 resumed on the record 2 in open court, as 3 follows:) 4 5 THE COURT: All right. So 50-C will 6 be the '95 records offered for record purposes only, not 7 to be shown to the jury. 8 Any objections to that? Anybody want 9 to object to that? Mr. Hagler? 10 MR. DOUGLAS MULDER: Excuse me, Judge. 11 I was trying to do five things at one time. 12 THE COURT: We appreciate your 13 efforts, but are you going to object to the record 14 purposes only of 50-C? 15 MR. DOUGLAS MULDER: No, not for 16 record purposes only. 17 THE COURT: Thank you. All right. 18 State's Exhibit 50-C is admitted for record purposes 19 only. 20 21 (Whereupon, the above 22 mentioned item was 23 received in evidence 24 for record purposes 25 only, after which time, Sandra M. Halsey, CSR, Official Court Reporter 4440 1 the proceedings were 2 resumed on the record, 3 as follows:) 4 5 THE COURT: All right. Any objection 6 to the 1996 records? 7 MR. DOUGLAS MULDER: No, we have no 8 objection. 9 THE COURT: State's Exhibit 50-B is 10 admitted. 11 12 (Whereupon, the item 13 Heretofore mentioned 14 Was received in evidence 15 As State's Exhibit No. 50-B 16 For all purposes, 17 After which time, the 18 Proceedings were resumed 19 As follows:) 20 21 BY MR. GREG DAVIS: 22 Q. Mr. Routier, again, have you had an 23 opportunity recently to look over the records that I am 24 holding from Bank One? 25 A. No, sir. Sandra M. Halsey, CSR, Official Court Reporter 4441 1 Q. Okay. And again, now showing you only 2 those portions that have been admitted as State's Exhibit 3 50-B, do you recognize the first page as being a summary 4 for your transactions between January 1st and January 5 31st, 1996? 6 A. Yes, sir. 7 Q. Okay. All right. And do we see that 8 your deposits for January were twenty-two thousand, nine 9 hundred and fourteen dollars and sixty-nine cents, is 10 that correct? 11 A. Yes, sir. 12 Q. Checks paid out of your account were 13 twenty-one thousand, nine hundred and fourteen dollars 14 and forty-six cents; is that correct also? 15 A. Yes, sir. 16 Q. As we go to the period of February the 17 1st through February the 29th, do we show deposits of ten 18 thousand, two hundred and eighty-two dollars and 19 ninety-three cents, checks paid out of fifteen thousand, 20 three hundred and forty dollars and sixty cents? 21 A. Yes, sir, being a balance of $78.47. 22 Q. Right. And, for the period of March 23 1st through March 31st, do we see that you had deposits 24 of fifteen thousand, two hundred and fifty-four dollars 25 and seventy-eight cents, and checks paid out of twelve Sandra M. Halsey, CSR, Official Court Reporter 4442 1 thousand, six hundred and thirty-nine dollars and 2 seventy-seven cents? 3 A. Yes, sir, with a balance of five 4 thousand, three hundred and two dollars. 5 Q. Okay. That is your ending balance, 6 correct? 7 A. Yes, sir. 8 Q. And, for the period of April the 1st 9 through April the 30th, do we have you with deposits of 10 twelve thousand, five hundred and thirty-three dollars; 11 and checks paid out of thirteen thousand, three hundred 12 and fifty-eight dollars and one cent? 13 A. Yes, sir, with an ending balance of 14 four thousand, four hundred and fifteen dollars. 15 Q. Okay. And for the last period shown 16 of May the 1st through May 31st, do we have deposits of 17 thirteen thousand, three hundred and ninety-one dollars 18 and forty-seven cents, checks paid out of fourteen 19 thousand, forty-four dollars and eighty-two cents, and 20 your ending balance on May 31st was three thousand, six 21 hundred and ninety-eight dollars and forty-four cents; is 22 that right? 23 A. Yes, sir. 24 Q. Mr. Routier, are you aware, that when 25 you add up the deposits, and the checks paid out, that Sandra M. Halsey, CSR, Official Court Reporter 4443 1 your deposits for the first five periods there shown were 2 seventy-four thousand, three hundred and seventy-six 3 dollars and eighty-seven cents, and your checks paid out, 4 if you total those up, are you aware that they total out 5 to seventy-seven thousand, two hundred and ninety-seven 6 dollars and sixty-six cents? 7 A. No, sir, I was not aware of that. 8 Q. Are you aware, that when you look at 9 the first five months that actually, you had a deficit of 10 nearly three thousand dollars? Are you aware of that? 11 A. No, sir. 12 Q. Okay. You know Willie Short, don't 13 you? 14 A. Yes, sir. 15 Q. Okay. Willie Short was your landlord? 16 A. Yes, he is. 17 Q. You had a rent each month of $525 18 dollars; correct? 19 A. Yes, sir. 20 Q. Was that due on the first of the 21 month? 22 A. On the 1st or the 15th. 23 Q. Okay. Do you recall Willie Short 24 coming by or talking to you on June the 5th about being 25 late for your rent for the month of June? Sandra M. Halsey, CSR, Official Court Reporter 4444 1 A. Not in June. I don't recall. 2 Q. You don't recall? 3 A. No, sir. 4 Q. Were you behind on your rent out 5 there? 6 A. We're four months behind now. 7 Q. I'm talking about in June of 1996? 8 A. Just that one month. 9 Q. So you're one month behind on the 10 rent? 11 A. It was not due until the 15th, or late 12 on the 15th. 13 Q. Now, Mr. Routier, I want to direct 14 your attention back to June the 8th of 1996 when you went 15 to the Rowlett Police Department with your wife. Do you 16 recall that date? 17 A. Vaguely. 18 Q. Okay. Well, yesterday when Mr. Mulder 19 asked you about it, do you recall telling him that the 20 Rowlett Police Department asked you to give them a 21 statement? 22 A. Yes, sir. 23 Q. Do you remember giving that statement 24 to them? 25 A. Yes, sir, before the viewing. Sandra M. Halsey, CSR, Official Court Reporter 4445 1 Q. Okay. When you gave that statement, 2 did you, in fact, give that in your own handwriting? 3 A. Yes, I did. 4 Q. Okay. Do you recall it being six 5 pages long? 6 A. I don't remember how long it was. I 7 haven't seen it since. 8 Q. Right. Okay. 9 10 (Whereupon, the following 11 mentioned item was 12 marked for 13 identification only 14 as State's Exhibit No. 141, 15 after which time the 16 proceedings were 17 resumed on the record 18 in open court, as 19 follows:) 20 21 BY MR. GREG DAVIS: 22 Q. Let me show you what for record 23 purposes has been marked as State's Exhibit 141. And if 24 you would, take a couple of moments and look over that 25 statement. Sandra M. Halsey, CSR, Official Court Reporter 4446 1 A. Yes, sir. 2 Q. Okay. Do you recognize that as the 3 statement you gave to the police? 4 A. Yes, sir. It's a vague description. 5 Q. Why don't you just keep it up there? 6 I may be referring to it. We have another copy down 7 here. 8 Mr. Routier, when you gave that 9 statement to the police, would it be fair to say that the 10 purpose of giving that statement was to try to help the 11 police find the person who killed your two children; is 12 that right? 13 A. Yes, sir. That is why I did it. 14 Q. All right. Would it also be fair to 15 say that that statement was given only two days after 16 this attack occurred at your home; right? 17 A. Yes, sir. 18 Q. Okay. And I assume, that when you 19 gave that statement, were you making your very best 20 effort to be as truthful and as honest, and as complete 21 as you could possibly be in that statement? 22 A. Well, I tried. Yes, sir. 23 Q. Okay. Looking at that statement -- 24 yesterday, do you recall Mr. Mulder asking you about 25 discussions that you had with your wife that evening on Sandra M. Halsey, CSR, Official Court Reporter 4447 1 June 5th? 2 A. Yes, sir. 3 Q. Do you remember yesterday that you 4 told us that you talked with her about trips that y'all 5 were planning? A trip to Pennsylvania, a trip to Cancun 6 that your wife was planning to take, and some plans that 7 y'all had in the future; correct? 8 A. Yes, sir. We talked about a lot of 9 things in those hours. 10 Q. Okay. But yesterday, when you told us 11 about your discussion, you didn't tell us all of the 12 things that y'all discussed that night, did you? 13 A. Well, it says here that I was talking 14 about -- about getting the boys into playing baseball. 15 Q. Well, isn't it true that, it says 16 there in the statement, on June the 8th when you gave 17 this to the police, that what you said about that 18 discussion is: "We talked about the business, bills, and 19 how Darlie was having a hard time with taking care of the 20 babies," and then you have in parenthesis, "all today". 21 That was also part of the discussion 22 that night, wasn't it? 23 A. Yeah, it was some. 24 Q. So that, that discussion wasn't all 25 positive, was it? Sandra M. Halsey, CSR, Official Court Reporter 4448 1 A. Actually, it was. 2 Q. Well, the problems that she was having 3 taking care of the boys that day. I mean, she was 4 discussing that that she was having a problem. It was 5 something that was causing her to have a problem, wasn't 6 it? 7 A. No, sir, that was taken out of 8 context. 9 Q. Well, I'm just reading the sentence. 10 Have I misread that sentence? 11 A. No, sir. 12 Q. Okay. You -- did you not use the 13 term, "Was having a hard time taking care of the babies 14 all today," those were your words, weren't they? 15 A. Yes, sir. 16 Q. Okay. Bills, I mean those are bills 17 that you have to pay, correct? 18 A. Well, we were talking about the 19 business like we do every night. Talking about the 20 bills, and how many people owed me money, what phone 21 calls I needed to make the next day, to make sure that 22 those bills, you know, got taken care of. 23 Q. Having been self-employed myself, it's 24 important that you get paid, isn't it? 25 A. Yes, you can't survive without it. Sandra M. Halsey, CSR, Official Court Reporter 4449 1 Q. If you don't get paid, you have to 2 close the door, don't you? 3 A. Well, I have been in business for 4 seven years, and doing okay so far. I have been able to 5 salvage it after this. 6 Q. All right. So, you talked about the 7 trips, you talked about the business, the bills, about 8 how she's having a hard time with the boys. 9 As you look at that statement there, 10 yesterday you told us on direct examination, about where 11 Darlie was during the time that you were giving CPR to 12 Devon. 13 As you look through the statement that 14 you gave on June the 8th, can you point us to a -- well, 15 let me just ask you: In that statement, did you tell the 16 police that Darlie was with you while you were giving CPR 17 to Devon? 18 A. Yes, I did. He said he was going to 19 take notes on what I couldn't remember. I told him 20 that -- 21 Q. I'm sorry. You may have you 22 misunderstood me. 23 24 MR. DOUGLAS MULDER: Excuse me, Judge, 25 we have been through this yesterday. He gets a chance to Sandra M. Halsey, CSR, Official Court Reporter 4450 1 complete a sentence. 2 THE COURT: Just a minute, Mr. Mulder. 3 We understand, Mr. Mulder. Ask the question, again, 4 please. 5 MR. GREG DAVIS: I was asking about 6 the written statement. 7 THE COURT: Ask your question again, 8 please. 9 MR. GREG DAVIS: I'm asking about the 10 written statement. 11 THE COURT: What was your answer going 12 to be? 13 THE WITNESS: I don't know, I forgot 14 what the question was. 15 THE COURT: Let's re-ask the question. 16 17 BY MR. GREG DAVIS: 18 Q. I'm talking about the written 19 statement that you have before you. 20 A. Yes, sir. 21 22 MR. DOUGLAS MULDER: Your Honor, 23 excuse me. That is a different question 24 THE COURT: Well, the witness had 25 forgotten. We're going to go ahead. Ask the next Sandra M. Halsey, CSR, Official Court Reporter 4451 1 question, please. 2 3 BY MR. GREG DAVIS: 4 Q. Okay. Sir, would you look through the 5 written statement in front of you, and tell me, whether 6 or not you told the police in that written statement on 7 June the 8th, that your wife was next to you as you 8 performed CPR on Devon? 9 A. No, I don't see that in here. 10 Actually, there was a lot of details not in here. 11 Q. That is one of the details that you 12 left out, wasn't it? 13 A. Yes, sir. 14 Q. Matter of fact, isn't it true that 15 when you're talking about doing CPR on Devon, you're 16 talking about blowing into the holes in his chest. What 17 you actually said on June the 8th was, "I looked over at 18 Darlie and she was on the phone calling 911." Isn't that 19 correct? 20 A. Yes, sir, she was all over the place. 21 Q. Of course, when you gave that 22 statement, Mr. Routier, back on June the 8th, we didn't 23 have the DNA results back on her T-shirt yet, did we? 24 A. No, sir, and I was also in shock. 25 Q. So when you gave the statement, you Sandra M. Halsey, CSR, Official Court Reporter 4452 1 didn't know that your older boy's blood cast off was on 2 her T-shirt, did you? 3 A. I still didn't know that. 4 Q. And, when you spoke with Jamie 5 Johnson, the CPS worker, you still didn't know that 6 Devon's blood was on your wife's T-shirt, did you? 7 A. No, sir. 8 Q. Okay. Do you remember what you told 9 Jamie Johnson about her activities while you were 10 performing CPR on Devon? 11 A. No, I don't. 12 Q. Do you remember talking with her about 13 how you were trying to blow more air into Devon's mouth, 14 and do you remember telling her, that at this point, you 15 said: "Darlie was calling 911 in the background?" 16 Do you remember telling Jamie Johnson 17 that? 18 A. Yes, sir. When I went over to him the 19 first time, that is the way it was. 20 Q. You never did tell Jamie Johnson that 21 your wife was standing next to you, or by you at any time 22 while you were doing CPR on Devon, did you? 23 A. I don't recall. 24 Q. Now, again, I'm referring back to the 25 voluntary statement that you gave there, the six pages Sandra M. Halsey, CSR, Official Court Reporter 4453 1 before you. 2 Mr. Routier, can you look through that 3 statement, please, sir, and tell me whether or not in 4 that six pages that you hand wrote, whether or not you 5 told the police at any point in that statement that your 6 wife gave you towels while you were doing CPR on Devon? 7 A. I remember we talked about that on 8 February 12th. 9 Q. I'm sorry. I'm looking here on this 10 statement that you gave to the police on June the 8th. 11 A. Yes, sir. 12 Q. In that six page statement, sir, do 13 you say anything about Darlie Routier getting towels? 14 A. No, sir, I skipped right over it. 15 Q. So that is another detail that you did 16 not put in your statement; is that right? 17 A. Yes, sir, but it didn't mean it didn't 18 happen. 19 Q. And, if you would, would you look 20 through that six page statement and tell me whether or 21 not you told the police in your handwriting there, that 22 the defendant placed a towel on Damon's back? 23 A. No, sir, there's a lot of things 24 missing. 25 Q. Well, on that point then is that also Sandra M. Halsey, CSR, Official Court Reporter 4454 1 a detail that you forgot the fact that your wife put a 2 towel on Damon's back? That's not in there, is it? 3 A. No, sir, it's not in this statement. 4 Q. Okay. And at the time that you gave 5 that statement, would it be fair to say that you didn't 6 know that Damon's blood would be found on your wife's 7 T-shirt either, did you? 8 A. No, sir, I didn't know that. 9 Q. And yesterday during your testimony 10 with one of us, either Mr. Mulder or myself, you 11 mentioned your wife going over to the sink in the 12 kitchen. Do you recall that? 13 A. Yes, sir. 14 Q. Okay. Would you look through those 15 six pages that are in your own handwriting, and tell me, 16 sir, whether or not on June the 8th, just two days after 17 this event, you told the police that your wife went over 18 to the sink that night? 19 A. Chris Frosch was very specific to tell 20 me not to say anything about what she was doing, only 21 what I was doing. 22 Q. Well, in the statement on page 3 don't 23 you say, "She told them that he went out in the garage"? 24 A. On which page? 25 Q. Page 3. I mean, there are a lot of Sandra M. Halsey, CSR, Official Court Reporter 4455 1 references to what she did out there that night, weren't 2 there? Do you see "I told them that my babies were 3 stabbed, and she told them that he went out in the 4 garage." 5 A. "I looked over and Darlie was on the 6 phone calling 911. I ran over to Damon laying on the 7 floor in the hallway between the wall, and the side of 8 the couch near the bathroom. He had no pulse, but I 9 could not see any injuries." 10 Q. Okay. So, on that one page you have 11 the fact that she called 911, you have the fact that she 12 is relating to the police officers that the intruder went 13 out in the garage. And on that one page alone, you have 14 got her doing two things, don't you? 15 A. Yes, sir. 16 Q. Okay. So my question again to you is: 17 Is there anything in that six page statement, sir, about 18 your wife going to the sink? 19 A. No, sir, not in this statement. I 20 believe there is another statement besides this one. 21 Q. Who did you give that statement to? 22 A. To the police. 23 Q. A written statement? 24 A. Yes, sir. 25 Q. Okay. And, what day did you give a Sandra M. Halsey, CSR, Official Court Reporter 4456 1 written statement to the police? 2 A. I believe on the 10th. 3 Q. Well, on the 10th, are you referring 4 to a diagram that you drew for the police on June the 5 10th? 6 A. Chris Frosch, we went back and forth 7 several times, he said he was taking notes on everything 8 that I was telling him. I kept telling him more 9 information as I remembered. 10 Q. Well, so that I am clear then, when 11 you talk about a statement on the 10th, you are simply 12 talking about notes that Detective Frosch may have taken 13 during the conversation that you had with him, correct? 14 A. Yes, sir. 15 Q. You are not talking about another 16 statement in your handwriting, such as the one that you 17 gave on June the 8th? You're not talking about that, are 18 you? 19 A. No, sir. There was a supplement to 20 this report. 21 Q. And, on the 10th, you did do a diagram 22 on the 10th though, didn't you? 23 A. I believe so, yes, sir. 24 Q. In which he asked you to show him how 25 your wife was positioned when you last saw her on the Sandra M. Halsey, CSR, Official Court Reporter 4457 1 couch; correct? 2 A. Yes, sir. 3 Q. Where Damon was when you last saw him; 4 correct? 5 A. Correct. 6 Q. Where Devon was positioned on the 7 floor when you last saw him; correct? 8 A. Yes. 9 Q. And, where Damon was when you came 10 downstairs and came in the Roman room, correct? 11 A. Yes, sir. And he tried to make sure 12 that everything that I did, and what she did was separate 13 from our statements, and that we didn't discuss anything 14 about what we were talking about. 15 He said that he only wanted to know 16 what I did, and what I saw, and what I glanced at. 17 Q. Well, for instance on page 5 then, I 18 guess that Detective Frosch must have been very 19 disappointed, when you told him that she said, "Darin, 20 you have to promise me you will find this man. He killed 21 our babies." 22 Again, you are not talking about what 23 you did, you are talking about what she is saying to you 24 and what she is doing; correct? Was Detective Frosch 25 upset when you did that? Sandra M. Halsey, CSR, Official Court Reporter 4458 1 A. Probably. We were an hour and a half 2 late for the viewing of the boys. 3 Q. Of course, also in this -- of course, 4 also on this page 2, you made a mistake again of telling 5 Dectective Frosch what your wife was saying or doing. 6 Also, do you see there where you related to him that she 7 was yelling, "Devon, Devon, oh, my God, Devon"? 8 A. As I was running down the stairs, yes, 9 sir. 10 Q. Right. Was Detective Frosch upset 11 when you did that? 12 A. I don't really know. We never talked 13 about the statement. 14 Q. And yesterday, did I understand you to 15 say that she was giving you wet towels? That she was 16 wetting the towels in the sink? 17 A. Yes, sir. 18 Q. What was the purpose of getting a wet 19 towel as opposed to just a towel that you could use to 20 try to absorb the blood or stop the bleeding? 21 A. Well, I don't really know. A person 22 with first aid knows that you usually use a dry towel, 23 but you have to have that experience in order to find out 24 that it's not good to wet any towels. It's a natural 25 instinct. Sandra M. Halsey, CSR, Official Court Reporter 4459 1 Q. From your viewpoint though, that 2 didn't really seem to be the right thing to do though, 3 did it? It's not what you would have preferred, right? 4 A. Well, I don't really know if it really 5 mattered. 6 Q. A dry towel would have been better 7 though? 8 A. Probably, if it could have helped. 9 Q. Now, I want to ask you: How long did 10 you sit down and read -- and write this statement out? 11 Do you remember about what time? I'm not talking about 12 exact minutes, but just give me a ballpark figure on the 13 amount of time that you spent writing this statement out. 14 A. I don't know. I mean, it looks real 15 good in the beginning, and then you can almost see my 16 anger as I am writing it. It gets really sloppy and 17 sloppy. And, just guessing, I don't know, maybe, a half 18 hour. Frosch gave me a break in between, to let me relax 19 a little bit. I remember being sick that whole day. 20 Q. Okay. Let me ask you about this dark 21 car that you saw. 22 A. Yes, sir. 23 Q. That you are aware of. You were aware 24 of that on June the 5th, right? 25 A. Yes, sir. Sandra M. Halsey, CSR, Official Court Reporter 4460 1 Q. Had you all been receiving any 2 threats, or any sort of threatening gestures toward any 3 member of your family? 4 A. No, we had been getting a lot of phone 5 calls, hang up phone calls, that we just thought maybe it 6 was because of Devon getting out of school, he gave his 7 phone number out to every kid in his class. 8 Q. So, you are getting the phone calls, 9 you see this car. Seeing this car on the 5th did not 10 concern you, did it? 11 A. It didn't concern me, no. 12 Q. Because, in fact, you had an alarm 13 system on your house, didn't you? 14 A. Yes, sir, we did. 15 Q. Okay. But that evening it was not 16 turned on, was it? 17 A. I never set my alarm in my house. 18 Q. Okay. And that is true on the 5th, it 19 wasn't turned on, was it? 20 A. No, sir. 21 Q. The defendant was aware that it was 22 off that night; correct? 23 A. Yes, sir. 24 Q. Okay. 25 A. We never set it. If you're not safe Sandra M. Halsey, CSR, Official Court Reporter 4461 1 at home, where are you safe at? 2 Q. And that evening when you left the 3 garage, in fact, you decided to leave the window up, 4 correct? 5 A. Yes, sir. 6 Q. You would not have done those things, 7 you wouldn't have left the window up and left the alarm 8 off if you really thought there was a threat to somebody 9 in your household, would you? 10 A. No, sir. I wouldn't do it purposely. 11 Q. What is the first version of the 12 attack that the defendant gave to you? What did she 13 first tell you happened out there on that evening? 14 A. Just that she had felt Devon -- Damon 15 waking her up saying, "Mommy, Mommy, Mommy." And then 16 she looks up over her and she sees a glimpse of this man 17 going towards -- I don't know how, probably, maybe at the 18 island, I don't know -- going from the kitchen, probably 19 two to three seconds of a glimpse of this man going into 20 the utility room and then gone. 21 Q. I want to make sure that -- I want to 22 be clear about what you said. You said that she said 23 that she felt Damon touch her? 24 A. Touch her on the shoulder and he woke 25 her up. Sandra M. Halsey, CSR, Official Court Reporter 4462 1 Q. Okay. And he was saying something to 2 her? 3 A. "Mommy, Mommy, Mommy." 4 Q. Okay. And, she then woke up and saw a 5 man walking away through the kitchen? 6 A. Yes, sir. 7 Q. And he then walked into the utility 8 room? 9 A. Yes, sir. 10 Q. Okay. And, what did she say that she 11 did as this man got up and walked away from her into the 12 utility room? 13 A. She said that he had already gone out 14 the utility room, and then she went around towards him, 15 and Damon was standing right beside her, and she asked 16 him to stay back, and she walked across the room, across 17 the kitchen, and when she looked down, there was a knife 18 in the -- right there in the doorway, and she said that 19 she reached down to pick it up and when she did, her neck 20 just spewed blood all over the floor. That is when she 21 realized that she was cut. 22 Q. Okay. 23 A. And she walks back and turns on the 24 light, and then she sees Devon face up, and then she just 25 goes into hysterics. Sandra M. Halsey, CSR, Official Court Reporter 4463 1 Q. Okay. 2 A. Screaming, "Devon, Devon, Devon". 3 Q. Does that pretty much pick it up where 4 you start your statement, where you hear her saying, 5 "Devon, Devon, Devon," you come downstairs; right? 6 A. Yes, sir. 7 Q. Okay. When did she first tell you 8 that story? 9 A. Probably at the hospital, or later 10 that afternoon. I couldn't be in the room with her for 11 longer than 10 or 15 minutes at a time. 12 Q. All right. So sometime of the 13 afternoon of June the 6th? 14 A. Yes, sir. 15 Q. And, I assume that you have talked 16 with her since then about what happened out there that 17 night, haven't you? 18 A. Yes, sir. 19 Q. Okay. And in your discussions with 20 her, has she ever told you a different version of what 21 happened? 22 A. No, sir. 23 Q. And, again, just an estimate, but 24 about how many times have you talked with her about what 25 happened that night? Sandra M. Halsey, CSR, Official Court Reporter 4464 1 A. An estimate? 2 Q. Yes, sir. 3 A. A lot. 4 Q. And -- 5 A. Two hundred, three hundred, five 6 hundred, I have no idea. 7 Q. So I mean, it's -- 8 A. Same thing over and over and over 9 again. It's like a broken record. 10 Q. Mr. Routier, by the time that you 11 talked with Jamie Johnson, certainly your wife had 12 already told you this, right? 13 A. Oh, yes, sir. 14 Q. Probably had told you several times 15 about what had happened to her? 16 A. I'm sure she had, yes, sir. 17 Q. Okay. Do you remember what you told 18 Jamie Johnson concerning the version that your wife had 19 given you of the attack? 20 A. Do I remember? No. 21 Q. Okay. Do you remember saying to her 22 that you told Jamie Johnson that Darlie told you that she 23 woke up because there was weight on her legs and the 24 intruder supposedly was sitting on her legs? Do you 25 remember telling Jamie Johnson that that is the version Sandra M. Halsey, CSR, Official Court Reporter 4465 1 that your wife gave to you about this attack? 2 A. We didn't know if that was really true 3 or not. We didn't know if that was a dream. 4 Q. Well, Jamie Johnson, when you 5 discussed this incident with her, this is the version 6 that you gave to Jamie Johnson, wasn't it? 7 A. Yes, sir. 8 Q. So, when you talked with Jamie 9 Johnson, you didn't give her the correct version of what 10 your wife had told you, did you? 11 A. We didn't know -- I mean, I wasn't 12 there when it happened, so I don't know what exactly 13 happened. I just know what she told me and what she told 14 me was that she woke up with Damon tugging on her. 15 Q. You never told that to Jamie Johnson 16 though, did you? 17 A. I don't recall. About that Damon woke 18 her up? 19 Q. Yes, sir. 20 A. I would think I would, that has never 21 changed. 22 Q. Well, but as you sit there on the 23 stand right now, you don't know whether you told her that 24 or not, do you? 25 A. I don't know what I said to Jamie Sandra M. Halsey, CSR, Official Court Reporter 4466 1 Johnson. 2 Q. Do you remember describing to Jamie 3 Johnson how the attacker would have to cut Darlie's neck, 4 and how he would have to get past her breasts in order to 5 get at her neck? Do you remember telling Jamie Johnson 6 that? 7 A. No, sir. 8 Q. And do you remember telling Jamie 9 Johnson that your wife would have been face-to-face with 10 this attacker? 11 A. No, sir. 12 Q. Mr. Routier, again going back to 13 Corrine Wells, again, do you recall Corrine Wells is the 14 individual, the lady that lives there at the house that 15 you used to live at on Bond Street? Do you remember 16 that? 17 A. Yes, sir, I didn't know her name. 18 Q. Right. Okay. Do you remember when 19 you went over to talk with her on December the 3rd that, 20 in fact, you went into your wife's version of the attack 21 with Corrine Wells also, didn't you? 22 A. Well, I had a good talk with her. 23 Q. And it included what your wife had 24 told you about the attack, correct? 25 A. I don't think she remembers any of the Sandra M. Halsey, CSR, Official Court Reporter 4467 1 attack. 2 Q. Well, my question to you is: Did you 3 tell Corrine Wells what your wife had related to you 4 about the attack? 5 A. No. 6 Q. So, you did not tell Corrine Wells 7 that the man was on top of her, and was intending to rape 8 her when she woke up? You didn't tell Corrine Wells 9 that? 10 A. That would be my assumption. 11 Q. From what your wife had told you? 12 A. No. My assumption of everything that 13 I know. I know everything about this case. 14 Q. Well, let me just ask you then: Did 15 you tell Corrine Wells that the man was on top of your 16 wife and was intending to rape her? Did you say that to 17 Corrine Wells? 18 A. I said that could very well be. 19 Q. So that is a yes? 20 A. Yes, sir. 21 Q. Did you also tell Corrine Wells that 22 what they had read in the paper about the boys saving 23 Darlie's life by waking her up was not true, and in fact, 24 the boys didn't save her life? 25 A. I did not say that. Sandra M. Halsey, CSR, Official Court Reporter 4468 1 Q. Do you remember telling Corrine Wells 2 that the boys couldn't save her life because their lungs 3 had been collapsed by the stabbing? 4 A. No, sir, I did not say that. 5 Q. And do you remember telling Corrine 6 Wells, in fact, that a 300 pound man did this to Darlie? 7 A. No, sir. 8 Q. So those statements about the boys not 9 saving her life, and about a 300 pound man attacking 10 Darlie, those statements aren't true, are they? 11 A. We know that Damon saved Darlie's 12 life. 13 Q. Okay. Well, that is not what you told 14 Corrine Wells though, is it? 15 A. I don't remember what I said to her. 16 Q. Well, that was a pretty long 17 conversation that you had with her too, wasn't it? 18 A. Yes, we had a good talk. 19 Q. About an hour and a half to two hours 20 over there at her house, correct? 21 A. She was showing me what they had done 22 to the house since I had left there and how much they 23 were enjoying it, and also it brought back memories of 24 when the kids were babies. 25 Q. Right. Do you remember telling Sandra M. Halsey, CSR, Official Court Reporter 4469 1 Corrine Wells about your wife's necklace? 2 A. Yes, sir. 3 Q. Okay. About how that necklace is 4 actually the thing that saved her life? 5 A. I know that the necklace was embedded 6 into her neck. 7 Q. How do you know it was embedded into 8 her neck? 9 A. Because I saw it. 10 Q. Where did you see it? 11 A. When she came to the front door and 12 paramedics were bringing her out. 13 Q. Okay. 14 A. She took her hand like this and she 15 goes, "Darin, I'm cut." She pulled that thing down, and 16 I mean a gap in her neck was that wide, muscles, tendons, 17 veins, everything. 18 Q. That necklace was cut? 19 A. The necklace was inside of there. I 20 don't know if it was cut. 21 Q. Okay. In fact, that necklace wasn't 22 cut at all, was it? 23 A. No, sir. 24 Q. She was wearing that necklace that 25 night, a man cut her neck, and yet, there wasn't a single Sandra M. Halsey, CSR, Official Court Reporter 4470 1 thing done with that necklace, was there? 2 A. It was a rope chain. 3 Q. That's right. 4 A. It's my understanding that there is a 5 nick in it. 6 Q. There is a nick in it? 7 A. Yes, sir. 8 Q. Do you think you would recognize that 9 necklace if you saw it? 10 A. Yes, sir, I would like to see it. 11 Q. Okay. 12 13 THE COURT: This is 142? 14 MR. GREG DAVIS: No, sir. This will 15 be State's Exhibit 26. 16 THE COURT: 26? 17 MR. GREG DAVIS: Yes, sir. 18 THE COURT: All right. 19 20 BY MR. GREG DAVIS: 21 Q. Mr. Routier, I'm handing you State's 22 Exhibit 26, and if you will look at that, please, sir, 23 and tell me whether or not you recognize that to be your 24 wife's necklace? 25 A. Yes, sir, it is. Sandra M. Halsey, CSR, Official Court Reporter 4471 1 Q. Okay. 2 3 MR. GREG DAVIS: Your Honor, at this 4 time we'll offer State's Exhibit No. 26. 5 THE COURT: Any objection? 6 MR. DOUGLAS MULDER: We have no 7 objection. 8 THE COURT: State's Exhibit 26 is 9 admitted. 10 11 (Whereupon, the item 12 Heretofore mentioned 13 Was received in evidence 14 As State's Exhibit No. 26 15 For all purposes, 16 After which time, the 17 Proceedings were resumed 18 As follows:) 19 20 BY MR. GREG DAVIS: 21 Q. Mr. Routier, looking at the necklace, 22 the clasps are still intact, are they not? 23 A. Yes, sir. 24 Q. Okay. No visible defects to this 25 necklace, are there? Sandra M. Halsey, CSR, Official Court Reporter 4472 1 A. Let me see it again. 2 Q. Okay. Just take your time. 3 A. Right there. 4 Q. Okay. You've indicated a spot right 5 there; is that right? 6 A. Yes, sir. 7 Q. Okay. Now, again, your wife was still 8 wearing the necklace when you saw her, correct? 9 A. Yes, sir. 10 Q. It was still around her neck, right? 11 A. Yes, sir. It was embedded into her 12 neck. 13 Q. The pendant that we see here, the 14 diamond pendant, that was still attached when you saw it, 15 correct? 16 A. Yes, I would assume so. 17 Q. Just like it is today in Court? 18 A. Yes, sir. 19 Q. Okay. The cat that y'all had, the big 20 cat, what was the cat's name? 21 A. Bear. 22 Q. Okay. And that evening that cat was 23 in the cage in the family room? 24 A. Yes, sir, he was. 25 Q. Okay. And I don't recall what you Sandra M. Halsey, CSR, Official Court Reporter 4473 1 said about the cat's disposition. It was not good 2 though, was it? It's a pretty feisty cat, wasn't it? 3 A. Yeah, he is. 4 Q. When strangers came around that cat, 5 did he take to strangers well? 6 A. Well, he was caged so he couldn't get 7 at you, but he just -- well, if you aggravated him, he 8 would kind of get at you, but -- 9 Q. How big was that cat? 10 A. Oh, probably, just guessing, probably 11 15 or 16 pounds, and he was only a year old. 12 Q. And that cat cage was sitting right 13 next to the couch where your wife was supposedly sleeping 14 that night, correct? 15 A. Right in the corner, yes. 16 Q. Pretty close to where Damon and Devon 17 were both sleeping too, right? 18 A. Yes, within 10, 12 feet. 19 Q. And you would expect that if a 20 stranger came into that room and came over there by that 21 cage, that that cat is going to raise a ruckus, isn't he? 22 A. Personally, I wish that cat could 23 talk. That cat got to see a lot. 24 Q. Right. 25 A. We wouldn't be here right now. Sandra M. Halsey, CSR, Official Court Reporter 4474 1 Q. Well, I think we would, but -- 2 A. That cat didn't make -- it would 3 probably hiss, but not make a sound like a dog would. 4 Q. Okay. A sound like a dog would. Your 5 Pomeranian would make a sound, wouldn't it? 6 A. Yeah, he would. He is a yapping 7 little thing. 8 Q. Now, when strangers came into your 9 house, I mean, that is one time when he would be yapping, 10 wouldn't he? 11 A. Well, that dog was so little he 12 couldn't go down the stairs, so he slept upstairs by the 13 fireplace right beside our bed in this great big huge 14 pillow, about this big, and real, real deep, he would 15 kind of buried himself down in that pillow and go to 16 sleep. 17 Q. So that evening the yapping little dog 18 and the hissing cat were both inside your house; is that 19 right? 20 A. Yes, sir. The dog was upstairs. 21 Q. The coffee table that was in the 22 middle of your room there? 23 A. Yes, sir. 24 Q. The coffee table that you said the 25 paramedic put back on the pedestal? Sandra M. Halsey, CSR, Official Court Reporter 4475 1 A. Yes, sir. 2 Q. Was the paramedic the one who was nice 3 enough to put the flowers back on the table too, or did 4 somebody else do that? 5 A. I don't know. All I know is that it 6 was all slid down sideways. 7 Q. So you saw the paramedic put the table 8 back up, but you are not quite sure who put the flower 9 arrangement back in the center of the table? 10 A. I don't think the flower arrangement 11 really fell off the glass, I think it just slid down the 12 glass, and all he did was lift it up. He just lifted the 13 whole thing up at one time. 14 Q. So, when he lifted it back up, the 15 flower arrangement didn't slide down that glass table on 16 to the floor? 17 A. Well, it was all the way to the floor. 18 Q. Yeah. 19 A. And then when he picked it up, they 20 all kind of went up together. 21 Q. What kind of towel did Darlie have 22 around her neck when the police got there? 23 A. Seemed like a washrag or something 24 smaller than a dish towel. 25 Q. Are you even sure that she had a towel Sandra M. Halsey, CSR, Official Court Reporter 4476 1 up around her neck? 2 A. Yes, sir. Or the paramedics could 3 have put it on there before. 4 Q. Do you remember back in September, on 5 September the 12th I asked you about the towels? Do you 6 recall that? 7 A. Yes, sir, I do. 8 Q. Do you remember I asked you about the 9 towel around Darlie's neck? 10 A. Yes, sir. 11 Q. Do you recall that I said, "Well, did 12 you see Darlie with any towel around her neck at any 13 time?" 14 Let me just show you on page 158, it 15 will be the last line on this -- let's turn this around. 16 Do you see that I'm asking: "Well, did you see Darlie 17 with any towel around her neck at any time?" 18 Do you see that question? 19 A. At anytime, yes, sir. 20 Q. Okay. At anytime -- 21 22 THE COURT REPORTER: Excuse me, what 23 was your answer? 24 25 A. My answer was no then. Sandra M. Halsey, CSR, Official Court Reporter 4477 1 Q. Back on September the 12th, now -- 2 3 THE COURT: Well, I think we want to 4 get the answer that -- 5 MR. GREG DAVIS: I think that he 6 actually said, "At anytime." 7 THE WITNESS: At anytime. 8 9 BY MR. GREG DAVIS: 10 Q. Back on September the 12th of 1996, 11 your answer was, no. And yet today, some, what, four to 12 five months later, your memory is such that you can tell 13 us that it was some sort of wash cloth; is that right? 14 A. Yes, sir. But the question you were 15 asking me about that before, you just asked me to 16 describe it, and I said it was a green and white towel. 17 Q. No, sir, I asked you -- no, sir, that 18 was the towel about -- that you placed on Damon. I was 19 asking about the green and white checkered. Do you 20 remember that? 21 A. Yes, sir. 22 Q. Okay. This question here, "Did you 23 see Darlie with any towel around her neck?" That was 24 concerning Darlie alone. 25 A. Yes, sir, in the house, I didn't see a Sandra M. Halsey, CSR, Official Court Reporter 4478 1 towel on Darlie's neck. 2 Q. Well, remember the question was at any 3 time? Right? 4 A. Yes, sir. I must have misunderstood. 5 Q. Okay. Let me ask you: The jewelry 6 that was laying up there on the kitchen counter? 7 A. Yes, sir. 8 Q. Okay. And you are familiar with that 9 jewelry, correct? 10 A. Yes, sir. 11 Q. I think that we've looked at a picture 12 of that previously, and I'm talking about the rings, the 13 bracelets that were on the kitchen bar between the family 14 room and the kitchen. Okay? 15 A. Yes, sir. 16 Q. Okay. Most of that jewelry, would it 17 be fair to say, was bought at pawn shops? 18 A. Yes, sir. 19 Q. Would it also be fair to say that you 20 and the defendant made several trips over to pawn shops 21 to purchase the jewelry? 22 A. Yes, sir, we had a friend that would 23 call us whenever something really of a good value, he 24 would call us and let us know what was there, and we 25 would go over and take a look at it. Sandra M. Halsey, CSR, Official Court Reporter 4479 1 Q. All right. Would there be occasions 2 when the defendant would go over to the pawn shop with 3 the children? 4 A. Occasionally. They liked going in 5 there. 6 Q. And, how would you describe the 7 defendant's demeanor or her behavior when she went to 8 that pawn shop? 9 A. Sometimes it was just like shopping 10 for something for our anniversary or a birthday or 11 Christmas. I wouldn't say her demeanor was in any 12 strange way. 13 Q. Nothing out of the ordinary? 14 A. Nothing. 15 Q. Acted inside the pawn shop pretty much 16 like she acted outside of the pawn shop, right? 17 A. Pretty much, yeah. 18 Q. Do you remember the names of the women 19 inside the pawn shop that dealt with y'all? 20 A. No, sir. 21 Q. Do you remember on occasion that there 22 were women working in there, that would wait on you or 23 the defendant? 24 A. Most of the time we dealt with this 25 man named Dan. Sandra M. Halsey, CSR, Official Court Reporter 4480 1 Q. I'm sorry? 2 A. We mainly dealt with a man named Dan, 3 who was one of the managers. 4 Q. Mr. Routier, yesterday Mr. Mulder 5 asked you some questions about Gangster's Paradise. Do 6 you recall those questions? 7 A. Yes, sir. 8 Q. And did I understand you to say 9 yesterday, that you thought there was absolutely nothing 10 wrong with playing that song at a funeral? 11 A. Yes, sir. 12 Q. Did I also understand you to say that 13 you didn't think there was anything wrong with your five 14 and six year old children adopting that song as their 15 favorite song? 16 A. No, sir. I never understood what the 17 words were, but they didn't know how to sing the words so 18 they just liked the way that the song was made, the way 19 it was put together. 20 Q. All right. And, when it came on, I 21 think you said they said, "Daddy, crank it up." Right? 22 A. Yes, sir, they loved that song. 23 Q. Okay. Have you ever looked at the 24 lyrics to that song? 25 A. No, sir, I haven't. Sandra M. Halsey, CSR, Official Court Reporter 4481 1 Q. Do you know what that song is about? 2 A. Street crime. 3 Q. Violent street crime. That's right. 4 Do you know how it begins? 5 A. No, sir. 6 Q. "As I walk through the valley of the 7 shadow of death, I take a look at my life and realize 8 there is nothing left." 9 That is the first two lines of your 10 children's favorite song. Did you know that? 11 A. No, I didn't know that. 12 Q. Do you know, that in that song by 13 Coolio, he says, "You better watch how you're talking and 14 where you are walking, or you and your homies might be 15 lying in chalk." Do you know that? 16 A. I do remember that lyric, yes, sir. 17 Q. Yeah. Do you remember the next two 18 lines are: "I really hate to trip, but I gotta lope, as 19 they croaked, I see myself in the pistol smoke fool." Do 20 you know that? 21 A. I didn't know that. Kids sometimes 22 adopt songs that we as adults don't always understand. 23 Q. You know that it goes on in this 24 favorite song to say, "I'm an educated fool with money on 25 my mind. I got my tin in my hand and a gleam in my eye. Sandra M. Halsey, CSR, Official Court Reporter 4482 1 I'm a loped out gangsta, set tripping banker, and my 2 homies is down, so don't arouse my anger, fool." 3 Did you know that was part of that 4 song, too? 5 A. No, sir. 6 Q. Did you know that he continues: "They 7 ain't nothing but a heartbeat away. I'm living my life, 8 do or die, what can I say. I'm 23 now, but will I live 9 to see 24? The way things is going, I don't know." 10 Did you know that? 11 A. I know what he is saying. 12 Q. Yeah. Because of street violence and 13 violent crime, he may not live another year, right? 14 A. Yes, sir, I think we're all that way. 15 Q. Then he goes on and he says: "Tell 16 me, why are we so blind to see that the ones we hurt are 17 you and me." Do you recognize that? 18 A. Yes, sir. Street crime people killing 19 each other. 20 Q. People that they love sometimes? 21 A. Not necessarily. 22 Q. You know in the last verse, do you 23 know that he goes on to say, "Power and the money. Money 24 and the power. Minute after minute, hour after hour. 25 Everybody is running, but half of them ain't looking at Sandra M. Halsey, CSR, Official Court Reporter 4483 1 what's going on in the kitchen. But I don't know what is 2 cooking. They say I got to learn, but nobody is here to 3 teach me. If they can't understand it, how can they 4 reach me. I guess they can't, I guess they won't, I 5 guess they front. That is why I know my life is out of 6 luck, fool." 7 A. Mr. Davis, I didn't write that song. 8 Q. No, I know. Coolio did. 9 A. Coolio did. 10 Q. This is the song that you and your 11 children listened to. 12 A. They listened not to the words but to 13 the music. 14 Q. And these are the lyrics that were 15 played at your children's funeral too, weren't they? 16 A. Yes, sir, they were. If they had 17 loved Barney, we would have played Barney. 18 Q. One last subject I want to discuss 19 with you here. That is the fact that you and your wife 20 both have a financial interest in this case, don't you? 21 A. What do you mean? 22 Q. Book deals? 23 A. We haven't made any deals at all. 24 Q. Do you remember back on December 3rd 25 of '96 that you discussed those book deals with Corrine Sandra M. Halsey, CSR, Official Court Reporter 4484 1 Wells? 2 A. I said that is how we're going to pay 3 for these attorneys, but we're just hopeful thinking. 4 Q. Well, you didn't mention attorneys 5 back then. Didn't you say that you had been approached 6 by 17 to 19 book companies? 7 A. No, sir, that is not true. 8 Q. And do you remember that when you said 9 that to Corrine Wells that you said that you weren't 10 going to settle for the small dollars like 30 or 40 11 thousand dollars? Do you remember that? 12 A. No, sir, I did not say that. 13 Q. Do you remember telling Corrine Wells 14 that, in fact, the defendant was going to write the book 15 herself? 16 A. I don't remember saying that either. 17 Q. And do you remember the reason why she 18 was going to write the book herself, because she was 19 going to cut out the middle man, and that you and she 20 were going to go for the big figures? 21 A. No, sir, I did not say that. 22 Q. That is what you told her back in 23 December, wasn't it? 24 A. No, sir, I did not. There's six 25 people in here writing books right now. Sandra M. Halsey, CSR, Official Court Reporter 4485 1 Q. I'm just talking about the one -- 2 about the one the defendant is going to write? 3 A. I don't know if that is true. 4 Q. You don't know whether she is going to 5 write a book or not? 6 A. I don't know if she is or not. 7 Q. Going to go for the big figures, 8 correct? 9 A. No, sir. 10 11 MR. GREG DAVIS: Pass the witness. 12 THE COURT: Ladies and gentlemen, I 13 think now we will take our morning break. Let's be back 14 at 25 after, please. 15 THE COURT: All right. 16 17 (Whereupon, a short 18 Recess was taken, 19 After which time, 20 The proceedings were 21 Resumed on the record, 22 In the presence and 23 Hearing of the defendant 24 And the jury, as follows:) 25 Sandra M. Halsey, CSR, Official Court Reporter 4486 1 THE COURT: All right. Let the record 2 reflect that all parties in the trial are present in 3 these proceedings. Mr. Mosty? 4 MR. RICHARD C. MOSTY: Your Honor -- 5 THE COURT: These proceedings are 6 being held -- excuse me -- all parties at trial are 7 present, and these proceedings are being held outside the 8 presence of the jury. 9 MR. RICHARD C. MOSTY: I just had one 10 more thought about why that illegal bug is relevant. 11 THE COURT: All right. 12 MR. RICHARD C. MOSTY: And it relates 13 to, for instance, all of the reports, but I can't 14 remember, this is Mr. Patterson's entire file, this red 15 folder. And I think it was marked for record purposes. 16 THE COURT: It was. 17 MR. RICHARD C. MOSTY: I don't see a 18 sticker, but it -- well, yes, it was marked for record 19 purposes, as Defendant's Exhibit 72. And what is 20 notoriously missing from this report, and all of the 21 reports, is any report of this illegal bug. 22 For instance, you will recall they 23 brought in the Garland K-9 unit, I think it was Garland, 24 it was some other city anyway. 25 MR. DOUGLAS MULDER: It was. Sandra M. Halsey, CSR, Official Court Reporter 4487 1 MR. RICHARD C. MOSTY: It was Garland. 2 And, there is a Garland K-9 report. And in all of these 3 records, there is not one reference in Garland, or 4 Rowlett, or anywhere else, to this illegal bug. 5 And so, that raises the question of, 6 what else did they leave out, as we have gone through all 7 this stuff about never taking any notes. 8 Another reason that all of this is 9 relevant is, that it goes to what they chose to write 10 down and what they chose not to write down and what they 11 chose to leave out. And this goes directly to that as a 12 relevance to impeach these officers, and how they went 13 about this investigation. 14 THE COURT: Thank you. That is now in 15 the record. Let's bring the jury in, please. 16 MR. RICHARD C. MOSTY: Do I surmise 17 that that would be overruled? 18 THE COURT: Yes, that is overruled. 19 MR. DOUGLAS MULDER: Judge, we don't 20 find it curious that they have -- 21 THE COURT: Gentlemen, we have 22 concluded that hearing. That hearing is over. 23 MR. DOUGLAS MULDER: Well, we just 24 thought of some new things we thought you might want to 25 entertain. Sandra M. Halsey, CSR, Official Court Reporter 4488 1 MR. RICHARD C. MOSTY: We've still got 2 to keep pointing those things out, and we might think of 3 others. 4 THE COURT: I'm sure you will. 5 MR. DOUGLAS MULDER: Can we not 6 confer? 7 THE COURT: You may confer with each 8 other, yes. 9 MR. DOUGLAS MULDER: Thank you, Judge. 10 Thank you, Judge. 11 THE COURT: Now, in the meantime, we 12 will bring the jury back in. 13 14 (Whereupon, the jury 15 was returned to the 16 courtroom, and the 17 proceedings were 18 resumed on the record, 19 in open court, in the 20 presence and hearing 21 of the defendant, 22 as follows:) 23 24 THE COURT: Let the record reflect 25 that all parties in the trial are present and the jury is Sandra M. Halsey, CSR, Official Court Reporter 4489 1 seated. 2 Mr. Mulder? Anybody have anything 3 else? Thank you. 4 MR. DOUGLAS MULDER: Yes, sir. 5 6 7 REDIRECT EXAMINATION 8 9 BY MR. DOUGLAS MULDER: 10 Q. Just a thing or two, Darin. You've 11 never doubted your wife's innocence, have you? 12 A. No, sir. 13 Q. You were asked about the towels. And 14 about how many towels were in that room in the den and in 15 the hall and in the area where the action was? 16 A. Probably five or six. 17 Q. Do you know how many? 18 A. Not exactly, no. 19 Q. Did you get any towels? 20 A. No, sir, I didn't. 21 Q. Did Waddell or Walling or any of the 22 police officers get any towels? 23 A. No, sir, they didn't. 24 Q. Did the paramedics get any towels to 25 your knowledge? Sandra M. Halsey, CSR, Official Court Reporter 4490 1 A. No, sir. 2 Q. The towels that were there, came out 3 of your towel drawer, didn't they? 4 A. Yes, sir, they did. 5 Q. All right. Who was left to get the 6 towels? 7 A. Darlie. 8 Q. Was she just getting the towels in the 9 sink and throwing them at you, or was she bringing them 10 to you? 11 A. She was bringing them to me. 12 Q. That makes sense, doesn't it? 13 A. Yes, sir. 14 Q. Is there any other way that that would 15 be done? 16 A. No, sir. 17 Q. Was she there, and did she wipe 18 Devon's chest as you blew into his mouth? 19 A. Yes, sir, she was there. 20 Q. Got the blood off of him? 21 A. Yes, sir. 22 Q. Did you think that was something that 23 a mother would do to comfort her son under those 24 circumstances? Does that seem unreasonable to you that 25 she would do that? Sandra M. Halsey, CSR, Official Court Reporter 4491 1 A. No, it's not unreasonable at all. 2 Q. Now, when these statements were given 3 by you and by Darlie, did you, at the time request the 4 officers to video record, or tape record your part? 5 A. Yes, sir. I told him that I could not 6 write down as fast as I can think, and that he was 7 going -- he said he would just put -- he would just go in 8 with some notes and some other things that he wanted to 9 fill in. 10 Q. All right. So they didn't question 11 you while you were giving your statement as to what they 12 thought might be important? You were just to write down 13 what you thought was important; is that right? 14 15 MR. GREG DAVIS: I'm sorry. I'm going 16 to object to that as being leading. 17 THE COURT: Overruled. I'll let him 18 answer it if he knows the answer. Go ahead. 19 THE WITNESS: No, sir. They just 20 asked me -- they just basically told me to write what I 21 could remember, and I did in a very quick manner. 22 23 BY MR. DOUGLAS MULDER: 24 Q. Has your memory improved since the 25 event? Sandra M. Halsey, CSR, Official Court Reporter 4492 1 A. Yes, sir, very much so. 2 Q. Over the recess, I was reading through 3 your statement. Did you put in your statement, 4 initially, is there something in there that after the 5 police got there, you went upstairs and put your pants 6 on? 7 A. No, sir, I had my pants on. 8 Q. But didn't you put in your 9 statement -- 10 A. I put in my statement that I couldn't 11 remember putting my pants on before I went downstairs. I 12 knew I had my glasses on, because I can't see two feet in 13 front of me. 14 Q. Well, I mean, when you gave the 15 statement, you put in there that it wasn't until the 16 police got there, that you went upstairs and put your 17 pants on? 18 A. I knew that couldn't be true. 19 Q. But that is in your statement, isn't 20 it? 21 A. Yes, sir. 22 Q. That means you were down there nude? 23 A. No, sir, I wasn't down there nude. I 24 think I would have been embarrassed if the police 25 officers would have started coming in, and I would have Sandra M. Halsey, CSR, Official Court Reporter 4493 1 been standing there stark naked. 2 Q. Has your memory gotten progressively 3 better with time? 4 A. Yes, sir, it has. 5 Q. Did you remember more of what happened 6 on the 8th than you did the 6th, and more on the 10th 7 than you did the 8th, and more on the 20th than you did 8 on the 10th? 9 A. Yes, sir. 10 Q. And more as we go down the line? 11 A. A lot more now. 12 Q. Okay. Do you find that unusual? 13 A. No, sir. 14 Q. Given the circumstances? 15 A. No, sir. I have had a lot of time to 16 think about all this. 17 Q. In your effort to reconstruct things 18 with Darlie, did y'all go to a psychic? 19 A. Yes, sir, we did. 20 Q. Did a psychic tell you and her what 21 the psychic thought happened? 22 A. Yes, sir. 23 Q. Okay. 24 A. We were looking for answers that the 25 police couldn't tell us. Sandra M. Halsey, CSR, Official Court Reporter 4494 1 Q. Just looking for help anywhere you 2 could get it? 3 A. Yes, sir. 4 Q. And did the psychic have a theory 5 about what this man did? 6 7 MR. GREG DAVIS: I'm going to object 8 to that as being hearsay from a psychic. 9 THE COURT: Sustained. 10 MR. DOUGLAS MULDER: I'm not going to 11 go into what -- 12 13 BY MR. DOUGLAS MULDER: 14 Q. Did the psychic have a version, a sort 15 of a phrenology, where you feel the bumps on your head, 16 reconstruction of the scene? 17 18 MR. GREG DAVIS: I'm going to object 19 to that, again, whether she has got an opinion or not. 20 It's still hearsay. 21 MR. DOUGLAS MULDER: Judge, if the FBI 22 agent can testify, then we can hear what the psychic has 23 to say. 24 MR. GREG DAVIS: Well, if the psychic 25 wants to come in here and testify, let her. Sandra M. Halsey, CSR, Official Court Reporter 4495 1 THE COURT: Gentlemen, the objection 2 is sustained. Rephrase your question. 3 4 BY MR. DOUGLAS MULDER: 5 Q. Did y'all talk to a psychic? 6 A. Yes, sir, we did. 7 Q. Did Darlie relate to you that she had 8 had dreams and nightmares concerning this attack? 9 A. Yes, sir, we've both had a lot of 10 nightmares. 11 Q. And are the dreams and nightmares 12 different versions of what her version was to you about 13 Damon coming in and tapping her on the shoulder? 14 A. Are they different? 15 Q. Well, yes. 16 A. Yes, sir. 17 Q. Okay. Mr. Davis has had a number of 18 questions about your finances and your business. Will 19 you tell the jury what your expenses were? I think we 20 know your rent was $525 dollars per month. 21 A. Yes, sir. I had just paid all my 22 equipment off. We had taken a loan out for about 23 seventy-five thousand dollars on equipment, and it was 24 all paid by January. 25 So, all of a sudden we had almost Sandra M. Halsey, CSR, Official Court Reporter 4496 1 three thousand dollars a month extra per month, that we 2 weren't used to having, because we had made -- it's like 3 paying off a house in three years. 4 Q. I understand that, but I want to get 5 to the point here. 6 A. Individually, what my bills were? 7 Q. Tell us what your fixed expenses were 8 each month. 9 A. About five thousand dollars a month. 10 Q. All right. That includes what? 11 A. Electricity, phone bills, I have three 12 phones, rent, labor is usually the highest, you know, the 13 highest amount that you have to pay. 14 Q. Did that include Basia? 15 A. Yes, sir, it did. 16 Q. During your personal knowledge of her, 17 has she had mental difficulties? 18 A. Yes, sir. 19 20 MR. GREG DAVIS: I'll object to that, 21 your Honor. That is an area that we have already 22 discussed. 23 THE COURT: Sustained. Let's move on. 24 25 Sandra M. Halsey, CSR, Official Court Reporter 4497 1 BY MR. DOUGLAS MULDER: 2 Q. Are you personally aware -- 3 4 MR. GREG DAVIS: Again, I'm going to 5 object to that, if it deals with the same area. I assume 6 it will. 7 THE COURT: Well, let him ask the 8 question first. 9 MR. GREG DAVIS: May we approach the 10 bench for a moment? 11 THE COURT: Yeah, I can see both sides 12 up here. 13 14 (Whereupon, a short 15 discussion was held 16 at the side of the 17 bench, between the Court, 18 and the attorneys for 19 both sides in the case, 20 off the record, and outside 21 of the hearing of the 22 Jury, after which time, 23 the proceedings were 24 resumed on the record, 25 outside the hearing of Sandra M. Halsey, CSR, Official Court Reporter 4498 1 the jury as follows:) 2 3 THE COURT: Mr. Mulder, I have already 4 ruled on that. You are instructed not to ask any 5 questions in that area. I have already ruled on that. 6 MR. DOUGLAS MULDER: Can I get it on 7 the record? 8 THE COURT: I will put it in the 9 record once we get through. All right. 10 Let's move on to the next question, 11 please. 12 13 (Whereupon, the following 14 mentioned item was 15 marked for 16 identification only 17 as Defendant's Exhibit 81, 18 after which time the 19 proceedings were 20 resumed on the record 21 in open court, as 22 follows:) 23 24 BY MR. DOUGLAS MULDER: 25 Q. Let me hand you what has been marked Sandra M. Halsey, CSR, Official Court Reporter 4499 1 for identification and record purposes as Defendant's 2 Exhibit No. 81. I will ask you if you recognize that and 3 can identify it? 4 A. Yes, sir. 5 Q. And, is that true and accurate? 6 A. Yes, sir. 7 Q. Bank statement? 8 A. Yes, sir. 9 Q. Concerning your business? 10 A. Balance, yes, sir. 11 12 MR. DOUGLAS MULDER: We'll offer into 13 evidence what's been marked and identified as Defendant's 14 Exhibit No. 81. 15 MR. GREG DAVIS: No objection. 16 THE COURT: Okay. Defendant's Exhibit 17 81 is admitted. 18 19 (Whereupon, the above 20 mentioned item was 21 received in evidence as 22 Defendant's Exhibit No. 81, 23 for all purposes 24 after which time, 25 the proceedings were Sandra M. Halsey, CSR, Official Court Reporter 4500 1 resumed on the record, 2 as follows:) 3 4 BY MR. DOUGLAS MULDER: 5 Q. This shows your bank statement through 6 June of 1996 through June 30th; is that right? 7 A. Yes, sir. 8 Q. And it shows a bank balance, of June 9 30th, of how much? 10 A. Seven thousand, nine hundred forty-one 11 dollars and ten cents. 12 Q. Okay. Now, I believe you have already 13 testified that you had some 18 or 20 thousand in accounts 14 receivable at that time? 15 A. Yes, sir. 16 Q. That were good accounts receivable? 17 A. Yes, sir. 18 Q. And that have since been collected? 19 A. Yes, sir. 20 Q. You were asked about an American 21 Express bill? 22 A. Yes, sir. 23 Q. Remember I wanted you to explain that, 24 and he went on to something else? 25 A. Yes, sir. Sandra M. Halsey, CSR, Official Court Reporter 4501 1 Q. Did you pay that bill? 2 A. Yes, sir, I did. 3 Q. Was your house payment current? 4 A. Yes, sir. 5 Q. In June? 6 A. Yes, sir, it was. I made the bank 7 payment -- the June payment wasn't late until the 15th. 8 I just hadn't written out the bills yet. 9 Q. Maybe we're beating this thing to 10 death, but with that Gangster Paradise, and I frankly 11 hadn't heard it until the other day, and I cannot recite 12 any of the lyrics. 13 14 MR. GREG DAVIS: I'm going to object 15 to that as really side-bar. 16 THE COURT: Well, I think I will 17 let -- 18 MR. GREG DAVIS: Let's do a question, 19 not leading. 20 MR. DOUGLAS MULDER: Judge, if it gets 21 much more complicated than George Strait or Willie 22 Nelson, I don't listen to the words. 23 THE COURT: Oh, I understand, Mr. 24 Mulder, I understand. Well, let's ask the question. 25 Yes. Sandra M. Halsey, CSR, Official Court Reporter 4502 1 BY MR. DOUGLAS MULDER: 2 Q. Do you listen to the words of those 3 things? 4 A. No, sir, I don't. 5 Q. Do you think your children understand 6 what the words are, or if they hear the words, understand 7 the meaning? 8 A. No, sir, I think they just understand 9 the beat. 10 Q. They like the beat and the rhythm and 11 that sort of thing, right? 12 A. Right. They jump around all over the 13 floor and dance. 14 Q. When you and Darlie -- they gave you 15 your warnings when you -- on that affidavit sheet, it's 16 got your warnings there, "That you have a right to remain 17 silent. That you have a right to a lawyer. If you can't 18 afford a lawyer, a lawyer will be appointed for you to 19 counsel with you, prior to or during any questioning by 20 the police; and you have a right to terminate the 21 interview at any time." That is basically your Miranda 22 warnings. You are familiar with those now? 23 A. Yes, sir, I am. 24 Q. You had never had those warnings given 25 to you before, had you? Sandra M. Halsey, CSR, Official Court Reporter 4503 1 A. No, sir, 2 Q. In fact, other than an estate planning 3 lawyer, you have never even talked to a lawyer? 4 A. Yes, sir, and we never even talked to 5 him. 6 Q. Now, when Mr. Patterson and Mr. Frosch 7 asked you to give statements, did you hide behind your 8 Fifth Amendment right to remain silent and not say 9 anything at all, or did you tell them -- 10 A. I told them everything. I didn't have 11 anything to hide. 12 Q. You answered all of their questions? 13 A. Yes, sir. 14 Q. You gave them keys to your house, and 15 your boat, and storage and the company, didn't you? 16 A. Yes, sir, I gave them keys to 17 everything I had. 18 Q. There has been some talk about 19 insurance. Did you have several hundred thousand dollars 20 worth of insurance on your life? 21 A. I have eight hundred thousand dollars 22 worth of life insurance on me. 23 Q. All right. How much did you have on 24 Darlie? 25 A. I think -- I believe two hundred Sandra M. Halsey, CSR, Official Court Reporter 4504 1 thousand. 2 Q. All right. And the children, it was 3 just a family policy, where there was 5,000 on each of 4 the children? 5 A. Yes, sir, and they just add them on as 6 you have them. 7 Q. You were asked about a sock and you 8 said you had never seen that sock. 9 Is this one of y'all's towels? 10 A. Yes, sir. 11 Q. Do you recognize these as towels? 12 A. Yes, sir, kitchen towels. 13 Q. Let me just ask you -- 14 15 MR. DOUGLAS MULDER: Of course, it 16 would be on the very bottom. 17 THE COURT: Always the way. 18 MR. DOUGLAS MULDER: Why is it always 19 the last place you look? 20 THE COURT: Just fate. 21 22 BY MR. DOUGLAS MULDER: 23 Q. What did you do with old socks? 24 A. We just -- we had a rag pile. 25 Q. Okay. This sock was described as Sandra M. Halsey, CSR, Official Court Reporter 4505 1 having some holes in it, other than the obvious holes 2 that you see. 3 A. That is a pretty holey (sic) sock. 4 Q. Well, some places there are marks on 5 it, and other places, there are holes and no marks, 6 indicating that it was worn? 7 A. Yes, sir. 8 Q. I suspect. Did you wear socks with 9 multiple holes in them? 10 A. No, sir. 11 Q. Is this the type of sock that you 12 wore? 13 A. Tube sock, yes, sir. 14 Q. Okay. Do you have any reason to 15 believe that this is not one of your old socks? 16 A. Just by -- what if you flipped it 17 around, see where the heel is, just by guessing at it, I 18 would say that it was my sock. 19 Q. That it is your sock? 20 A. Yes, sir. 21 Q. Okay. Where would you put a sock that 22 had holes in it and was -- 23 A. We had a basket on top of the washer 24 and dryer and we would just use them for rags, just for 25 waxing the cars, you know. Sandra M. Halsey, CSR, Official Court Reporter 4506 1 Q. Cleaning up around the house? 2 A. Cleaning up around the house. 3 Q. Plenty to do with three boys, I guess? 4 A. Oh, yeah. 5 Q. I mean, the more you clean, the more 6 there is to clean? 7 A. Yes, sir. 8 Q. It's like shoveling sand against the 9 tide, isn't it? 10 A. Yes, sir. 11 12 MR. GREG DAVIS: Again, if we could 13 stop with the leading, please. 14 THE COURT: Sustained. Let's stop the 15 side-bar and the leading. Let's phrase our questions, 16 both sides please. You are both experienced attorneys. 17 Let's everyone phrase the questions properly. 18 MR. DOUGLAS MULDER: Judge, excuse me. 19 I'm just trying to move along on some of the things that 20 are obvious. 21 THE COURT: And we appreciate that, 22 Mr. Mulder. 23 MR. DOUGLAS MULDER: Thank you. 24 THE COURT: All right. 25 Sandra M. Halsey, CSR, Official Court Reporter 4507 1 BY MR. DOUGLAS MULDER: 2 Q. Let me ask you this, and I made a note 3 of it. Did Darlie, when you went to see her in the 4 hospital, did she at any time complain about or remark 5 about an injury to her mouth? 6 A. Yes, sir, she did. 7 Q. What was that? 8 A. When I first got in there, the -- some 9 other family members were giving her ice chips, and 10 feeding her ice chips because her lips were just all 11 swollen, like this, you could see the cuts on the inside 12 of her mouth. 13 14 MR. DOUGLAS MULDER: Okay. I believe 15 that's all. 16 THE COURT: Mr. Davis? 17 MR. GREG DAVIS: Yes, sir. 18 19 20 RECROSS EXAMINATION 21 22 BY MR. GREG DAVIS: 23 Q. Mr. Routier, it's really more accurate 24 to say that your memory got better every time we got a 25 test result back in this case, didn't it? Sandra M. Halsey, CSR, Official Court Reporter 4508 1 A. No, sir. 2 Q. Every time we found out something 3 else, you remembered something else that would correspond 4 with that finding, didn't you? 5 A. No, sir. What I remember is exactly 6 what is the truth. 7 Q. So that when Mr. Mulder said, that 8 your memory was better on September the 12th than it had 9 been on June 8th, and now it's better than it was in 10 September. Of course, we have had all of these test 11 results come back, and you are privy to all them now, 12 aren't you? 13 A. Not necessarily. 14 Q. You pretty much know everything that 15 has happened in this case, haven't you? 16 A. Yes, sir, but the truth doesn't have 17 anything to do with the test results. 18 Q. Let me show you again, State's Exhibit 19 83-B. This is the letter I showed you yesterday. Do you 20 remember me showing you this letter, sir? 21 A. Yes, sir. 22 Q. And let me ask you: Is your memory 23 better about that today? Do you remember that is one of 24 the letters addressed to you now? 25 A. Yes, sir. Sandra M. Halsey, CSR, Official Court Reporter 4509 1 Q. Okay. 2 3 MR. GREG DAVIS: Your Honor, at this 4 time we will offer State's Exhibit 83-B. 5 THE COURT: Any objection? 6 MR. DOUGLAS MULDER: I thought that 7 came in yesterday. 8 MR. GREG DAVIS: No, sir, just 83-A. 9 He said he didn't remember that one yesterday. 10 THE COURT: Any objection? 11 MR. DOUGLAS MULDER: Judge, just a 12 moment. No, we don't have any objection. 13 THE COURT: State's Exhibit 83-B is 14 admitted. 15 16 (Whereupon, the above 17 mentioned item was 18 received in evidence 19 as State's Exhibit No. 83-B, 20 for all purposes 21 after which time, 22 the proceedings were 23 resumed on the record, 24 as follows:) 25 Sandra M. Halsey, CSR, Official Court Reporter 4510 1 MR. GREG DAVIS: Judge, may I publish 2 this briefly. 3 THE COURT: You may. 4 MR. GREG DAVIS: Ladies and 5 gentlemen, this is a letter from Mellon Mortgage Company, 6 May the 8th, 1996, addressed to Darin E. Routier and 7 Darlie L. Routier, in reference to a loan number. 8 "Dear mortgagor, your situation is serious. 9 Your mortgage payments for April and May of 1996 have not 10 been received and you are in default of your loan. 11 "Mellon Mortgage would like to help you. 12 Including late charges, the total amount past due is 13 $2,525.74. If payments are not received by May 23, 1996, 14 you risk foreclosure. You could lose your home. 15 "Additionally, a deficiency judgment could 16 be sought against you for any losses that might result." 17 It goes on then with instructions as to the 18 payment of these charges. 19 20 BY MR. GREG DAVIS: 21 Q. Sir, the situation by June the 3rd, 22 had gotten to the point where you got rejected on a five 23 thousand dollar loan at Bank One. You remember that, 24 don't you? 25 A. Yes, sir, that was an unsecured loan. Sandra M. Halsey, CSR, Official Court Reporter 4511 1 Q. Okay. You remember dealing with an 2 Okie Williams, correct? 3 A. Yes, sir, I do. 4 Q. And, the bottom line on that 5 transaction, sir, was that they would not loan you five 6 thousand dollars unsecured, would they? 7 A. Not unsecured, no, but they would 8 secured. 9 Q. You didn't get that five thousand 10 dollars from Bank One, did you? 11 A. I wasn't too heartbroken about it 12 either. 13 Q. Could you please answer my question? 14 Did you get the five thousand dollars? 15 A. Did we get the loan? No. 16 Q. Okay. That document, Defendant's 17 Exhibit 81, that summary, from Bank One that deals with 18 the month of June, it shows deposits of eleven thousand, 19 seven hundred and fifty-six dollars; is that correct? 20 A. Yes, sir. 21 Q. Okay. And again it shows -- 22 A. And only seven thousand came out. 23 Q. Right. Checks paid of seven thousand, 24 one hundred and fifty-four dollars and nine cents, 25 correct? Sandra M. Halsey, CSR, Official Court Reporter 4512 1 A. Yes, sir. 2 Q. So if we're correct for the first five 3 months of '96 that you have receipts for seventy-four 4 thousand dollars, if we add these deposits of eighty-five 5 thousand dollars, we now have the receipts for six months 6 of 1996, don't we? 7 A. Five months. 8 Q. No, sir. I mean, I am including 9 through June. 10 A. One through six, yes, sir. 11 Q. Right. We have eighty-five thousand 12 dollars received and deposited in Bank One by Testnec, 13 don't we? 14 A. Yes, sir. 15 Q. Two times eighty-five thousand is how 16 much money, sir? 17 A. Two times eighty-five thousand? 18 Q. Yes, sir. 19 A. A hundred and seventy-some thousand. 20 Q. Okay. That is ninety thousand dollars 21 less than your company earned in 1995; is that correct? 22 A. That is not adding the twenty thousand 23 that I still had on the books open. 24 Q. No. I'm just talking about monies 25 that you had received and put in there? Sandra M. Halsey, CSR, Official Court Reporter 4513 1 A. Yes, sir. 2 Q. And these represent accounts 3 receivable for earlier months, don't they? 4 A. Yes, sir. 5 Q. A hundred and seventy-something 6 dollars as opposed to two hundred and sixty thousand, 7 would you agree with me that is a difference of ninety 8 thousand dollars? 9 A. Yes, sir, it would have been. 10 Q. And when you came into Court on July 11 the 1st, on that bond hearing, it's fair to say you were 12 trying to portray yourself as poor as you could that day, 13 weren't you? 14 A. Yes, sir. 15 Q. That's true? 16 A. I am broke. 17 Q. Because on July the 1st, when you were 18 asked about how much money was in this bank account, this 19 account that shows seven thousand, nine hundred and 20 forty-one dollars on June 30th, do you remember what you 21 told this Court, how much money you had in that bank 22 account then on July the 1st? 23 A. I was guessing, about twenty-five 24 hundred. 25 Q. Well, actually you guessed a little Sandra M. Halsey, CSR, Official Court Reporter 4514 1 bit lower than that. 2 A. Two thousand? 3 Q. Yeah. I asked, "How much money do you 4 have in that account?" 5 "About two thousand dollars." 6 You were about six thousand dollars 7 short on July 1st, weren't you? 8 A. I don't recall. 9 Q. Well, seven thousand, nine hundred and 10 forty-one dollars minus two thousand dollars is what? 11 Five thousand, nine hundred and forty-one dollars? 12 A. Yes, sir. 13 Q. Of course, that was on July 1st. Now 14 the situation is that you are trying to paint this one as 15 rosy as you can about your finances, aren't you? 16 A. There was nothing wrong with my 17 finances. July the 1st, I just hadn't had the money come 18 in yet. 19 Q. On June the 8th, you said that you 20 asked or said that you wanted these police officers to 21 videotape, or audio tape what you were saying, because 22 you really didn't trust them to get down everything that 23 you were writing, or that you were saying to them; right? 24 A. I just can't write everything that I 25 think. Sandra M. Halsey, CSR, Official Court Reporter 4515 1 Q. You have had a lot of discussions with 2 these attorneys. They haven't even -- have they written 3 down notes of what you told them? 4 A. Very little. I don't know. 5 Q. Well, I would imagine given that fact, 6 that you have obviously then asked them to audio or 7 videotape you, haven't you? Make sure that they get it 8 down right? 9 A. No, sir, I haven't. 10 Q. Would it be fair to say, that really 11 back on June the 6th, by your version, we have got a real 12 lucky intruder, don't we? 13 A. There was an intruder. 14 Q. A lucky intruder? 15 A. Why lucky? 16 Q. I mean, after all, he picked a house 17 where the window just happened to be open to the garage, 18 right? 19 A. Yes, sir. 20 Q. Just happened to pick a house where on 21 that night, the alarm system is not turned on or armed, 22 correct? 23 A. Yes, sir. 24 Q. Lucky that in fact once he gets past 25 the alarm system off, he gets through the window, open, Sandra M. Halsey, CSR, Official Court Reporter 4516 1 when he gets to the utility room, he just happens to find 2 a sock available to him for his use that night, right? 3 A. Yes, sir. 4 Q. And lucky enough that when he does 5 that, he gets into the kitchen and lo and behold there in 6 the butcher block he finds a weapon to attack your two 7 children and your wife, right? 8 A. My understanding is that it is called 9 an opportunist. 10 Q. No, my question is, he was lucky 11 enough that evening, that once he got past all that, the 12 murder weapon is actually provided inside the house; 13 right? 14 A. Yes, sir. 15 Q. Lucky enough that while he is 16 attacking both your children, your wife doesn't wake up, 17 right? 18 A. Yes, sir. 19 Q. Lucky enough that after he attacks 20 her, that in fact, she doesn't even get a good look at 21 his face, right? 22 A. Yes, sir. 23 Q. Lucky enough, that as he is leaving 24 the house, he drops the knife on the floor there, and 25 your wife doesn't pick it up and doesn't use it against Sandra M. Halsey, CSR, Official Court Reporter 4517 1 him, right? 2 A. Yes, sir. 3 Q. Lucky enough that when he gets into 4 the garage that he doesn't deposit any blood on the 5 floor, no blood on the window, correct? 6 A. I don't know anything about that. 7 Q. And then lucky enough that when he 8 leaves out that garage into your back yard, that he 9 either scales that fence without leaving a mark, or he 10 opens up that gate and he then latches and closes it 11 without anybody detecting that either, right? 12 A. Yes, sir. 13 Q. A real lucky guy, wasn't he? 14 A. Yeah, and I want him dead. 15 Q. So do I. 16 17 MR. GREG DAVIS: No further questions. 18 19 20 REDIRECT EXAMINATION 21 22 BY MR. DOUGLAS MULDER: 23 Q. I guess he is lucky that the police 24 don't pursue the leads that they received? 25 A. Exactly. Sandra M. Halsey, CSR, Official Court Reporter 4518 1 Q. Lucky that when people called in 2 having seen a man with a black ball cap and a black 3 T-shirt and jeans, in the vicinity, that the police 4 didn't pursue it? 5 A. They never looked. 6 Q. Lucky enough that when Angel Rickels 7 got a hold of them and they came out to her house, they 8 weren't interested? 9 A. Yes, sir. 10 Q. Lucky enough that the police are not 11 interested in pursuing the fingerprint that the man left 12 as he went out that window? 13 A. Yes, sir. 14 Q. You aren't responsible for the luck or 15 the happenstance of some crazy assailant, are you? 16 A. No, sir. 17 Q. Anything more precious to you than 18 those two youngsters? 19 A. Nothing. There is nothing more 20 important than those boys to us. 21 Q. Have you ever doubted your wife's 22 innocence? 23 A. No, sir. 24 Q. Do you doubt it now? 25 A. No, sir. Sandra M. Halsey, CSR, Official Court Reporter 4519 1 2 MR. DOUGLAS MULDER: I believe that's 3 all we have. 4 MR. GREG DAVIS: I don't have any 5 further questions. 6 I would offer State's Exhibit 141, the 7 voluntary statement given on June the 8th. 8 THE COURT: Any objection? 9 MR. DOUGLAS MULDER: Is that his 10 statement? 11 MR. GREG DAVIS: Yes, sir. 12 MR. DOUGLAS MULDER: No objection. 13 We'll call -- 14 THE COURT: Just a minute. State's 15 Exhibit 141 is admitted. 16 17 (Whereupon, the item 18 Heretofore mentioned 19 Was received in evidence 20 As State's Exhibit No. 141 21 For all purposes, 22 After which time, the 23 Proceedings were resumed 24 As follows:) 25 Sandra M. Halsey, CSR, Official Court Reporter 4520 1 THE COURT: You're under the Rule. Do 2 you understand that, sir? 3 THE WITNESS: Yes, sir. 4 THE COURT: Do not discuss your 5 testimony with anybody who had testified. In other 6 words, do not compare it. 7 You may talk to the attorneys for 8 either side. If someone tries to talk to you about your 9 testimony, tell the attorney for the side who called you. 10 Of course, you have to remain outside 11 the courtroom when you are not testifying. 12 THE WITNESS: Yes, sir. 13 THE COURT: All right. Thank you. 14 Step down, please. Watch your step. 15 MR. TOBY L. SHOOK: Judge, could we 16 have a 705 hearing, pursuant to the expert testimony, 17 please? 18 THE COURT: Well, you certainly can. 19 The jury will step back into the jury 20 room, please. 21 22 (Whereupon, the jury 23 Was excused from the 24 Courtroom, and the 25 Proceedings were held Sandra M. Halsey, CSR, Official Court Reporter 4521 1 In the presence of the 2 Defendant, with his 3 Attorney, but outside 4 The presence of jury 5 As follows:) 6 7 THE COURT: Will you raise your right 8 hand, please, sir? 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. Have a seat 25 right there. You have, of course, testified many times. Sandra M. Halsey, CSR, Official Court Reporter 4522 1 You understand the Rule of Evidence. You are under it 2 now. You don't need to have it explained to you now. 3 THE WITNESS: Yes, sir. 4 THE COURT: Thank you. Let the record 5 reflect that these proceedings are being held outside the 6 presence