State's highest criminal court hears Darlie Routier's appeal - Baby killer may get off?

Associated Press ^ | March 27, 2002 | A/P Staff

[MeekOneGOP]

	Posted on Wed, Mar. 27, 2002
	State's highest criminal court hears Darlie Routier's appeal By The Associated Press AUSTIN - Convicted child killer Darlie Routier should get a new trial because the transcript of her 1997 trial is filled with problems and prevents her attorneys from raising important legal questions, her attorney argued Wednesday. "This whole record (transcript) issue is so outrageous," said her attorney, Stephen Cooper. "It impacts other fundamental constitutional rights of my client, to boot." Arguing before the Texas Court of Criminal Appeals, Cooper said questions surrounding the trial transcript prevent him from probing whether a conflict existed with Routier's original attorney because he also represented her husband in a hearing. John Rolater Jr., a lawyer from the Dallas County district attorney's office, said the trial transcript is in good shape and should be used for the appeal. Routier, a homemaker at the time, was arrested two weeks after her sons Damon, 5, and Devon, 6, were stabbed to death in their upscale Rowlett home on June 6, 1996. Routier was tried and convicted by a Kerrville jury for Damon's death and was given a death sentence. She has maintained her innocence and blames the stabbings on an intruder. Attorneys for Routier had filed an appeal that raises questions about whether her husband had a role in the killings. The appeal didn't blame her husband, Darin Routier, for the crime but states that a conflict involving Darlie Routier's attorney prevented the lawyer from questioning any inconsistencies his account of the event. The appeal alleged Darlie Routier deserves a new trial because her trial attorney had previously represented Darin Routier. Darin Routier maintains neither he nor his wife committed the crime. The appeal cited more than a dozen other claims of trial error.

---

© 2001 dfw and wire service sources. All Rights Reserved.
http://www.dfw.com

[cinFLA]

Why do you think she will go free?

[MeekOneGOP]

ABC News’ Sylvia Chase interviewed Darlie
Routier on Death Row. (ABCNEWS.com)

http://abcnews.go.com/media/OnAir/images/abc_routier2_000918_h.jpg

Darlie Routier maintains her innocence in the deaths of Devon, 6, and
Damon, 5. (ABCNEWS.com)

http://abcnews.go.com/media/OnAir/images/abc_routier_000918_t.jpg

[WhyisaTexasgirlinPA]

Afte they put her to death, I'm going to spray silly string on her grave. :)

Oh - will you wear short cut off jeans, chomp on gum and laugh and smile too? Please? I'll even buy you a case of silly string.........

[MeekOneGOP]

Why do you think she will go free?

I don't. She will never go free. The transcripts are the issue here. That may cause a retrial.
I think eventually she will likely get the sentence given tho - the death penalty.
See my #31, 37 and 42.

[writmeister]

What I find interesting is the spin in this story. To read it, you would think there was something so terribly wrong that the highest criminal court - the Texas Court of Criminal Appeals - needs to hear this case when, in fact, the Court is required to review all death penalty cases (Texas rule of appellate procedure 71.1).

[MeekOneGOP]

Darlie Lynn Routier 999220
2305 Ransom Road
Gatesville, TX 76528 USA


http://ccadp.org/darlienow.gif

[WhyisaTexasgirlinPA]

The fact that Darin was in the house while this was going on, then saw the "evidence" and still believes his wife is innocent is why I wondered if he was in on it all along.

I can't imagine seeing such flimsy evidence and having my children murdered and not realizing my spouse had done it. But, if it was a concerted effort I could see the strong stand of innocence being maintained.

Meek, the jag being left at your office is new to me. Why in the world would he leave his car, any car, overnight like that? That makes no sense...... unless he didn't want it in the garage for some reason......didn't the "intruder" come through the garage? Did they make more of that and I just missed it?

This is so interesting hearing from you two....

[MeekOneGOP]

Routier family (Associated Press)
http://crimelibrary.com/fillicide/routier/images/APG485029%20Darlie,%20Darin,%20Damon%20&%20Devon.jpg

---

The fact that Darin was in the house while this was going on, then saw the "evidence" and still believes his wife is innocent is why I wondered if he was in on it all along.

I can't imagine seeing such flimsy evidence and having my children murdered and not realizing my spouse had done it. But, if it was a concerted effort I could see the strong stand of innocence being maintained.

Meek, the jag being left at your office is new to me. Why in the world would he leave his car, any car, overnight like that? That makes no sense...... unless he didn't want it in the garage for some reason......didn't the "intruder" come through the garage? Did they make more of that and I just missed it?

I understand your wonderings, believe me. I went through the same thing beginning on June 6, 1996 - the date of the kids murder.

First of all, to kill 2 of your own children is bizarre regardless of who did it - Darlie, Darin or both. The evidence all pointed to Darlie as I've stated earlier. The evidence I have seen is damning to Darlie, and nothing I've seen points to Darin. If Darin was complicit, I would think that there should be evidence of it, but there's not. All I can judge from is the evidence, and there's plenty of it, all pointing to Darlie.

Regarding the car, I admit that sounds so strange for him to leave his car in our company's parking lot, especially since he didn't work there anymore. So I did some checking right after it happened and found out that it wasn't the first time he had left his car there and in fact he did that quite often. He had worked at our company for 3-5 years or so, and he had friends there still at the time and our company gave him contract work. I figure he probably went out with Bryan, our production manager, or some other of his old friends. He may have been partying and got a ride home and would pick his car up later? Best I can figure.

Oh, btw - I meant to include another tidbit on my post on #31 and forgot. The date of the murder - June 6, 1996? That was my 12th anniversary with the company. I started work on June 6, 1984. I always thought that was so strange.......

---

Here is an interesting link that includes a recording of the 911 call Darlie made at 2:31 that morning after she killed the kids:

Million Dollar Mysteries: Darlie Routier
http://www.fox.com/mdmystery/103/routier.htm

The 911 Call Darlie Made
http://www.fox.com/mdmystery/103/routier_911_call.htm

---

http://www.fox.com/mdmystery/103/images/routier_crime_scene_photo_06.jpg

[MeekOneGOP]

WFAA TV Video: Includes Interview with
Darlie's Mom and Footage of Darin
http://www.wfaa.com/popups/03-02/28wfaa020327_am_routier.html

Here's the Dallas Morning News version of today's report. It's better than the original post, btw......

Court hears Routier's appeal
http://www.dallasnews.com/localnews/stories/032802dnmetdarlie.d1295.html

---

Court hears Routier's appeal

Attorney argues that reconstructed transcript merits new trial

03/28/2002

By HOLLY BECKA / The Dallas Morning News

AUSTIN - After five years of charting unprecedented and often bizarre legal waters, Darlie Routier's direct appeal reached a turning point Wednesday when the state's highest criminal court began considering her claims of trial error.

Arguing before a gallery packed with the death row inmate's family and supporters, appellate attorney J. Stephen Cooper urged the Court of Criminal Appeals to give his client a new trial because her transcript was illegally repaired and is still missing a key conflict-of-interest hearing.

"This whole record issue is so outrageous in my experience and so unprecedented," Mr. Cooper told the court. "It's my No. 1 issue because it impacts other fundamental constitutional rights of my client, to boot."

Video

Prosecutor John Rolater Jr. argued that the faulty transcript was corrected by legally acceptable standards and that "there is nothing lost." He also said no conflict of interest existed.

Ms. Routier was convicted of fatally stabbing her 5-year-old son, Damon. She was also accused in the same 1996 attack of murdering her 6-year-old son, Devon, but was never tried for that crime. Ms. Routier has maintained her innocence, saying an intruder attacked her and her boys in their Rowlett home.

AP

Darlie Kee (left), mother of convicted child-killer Darlie Routier, receives a friend's support outside the court.

The nine appellate judges have no timeline in which to rule. The court will either grant Ms. Routier a new trial or not based on her 14 claims of trial or procedural error, a primary complaint being her reconstructed transcript.

If her conviction is upheld, the second phase of her state appeal a writ of habeas corpus based on new evidence would get under way. Federal appeals could follow.

Ms. Routier's family members say it has been a long wait.

"I'm at least relieved that we're finally at the beginning part of her appeal," said Darin Routier, her husband.

Darlie Kee, Ms. Routier's mother, said she thought the proceeding went well.

"I think they'll look at the points and study everything, and, hopefully, the results will be what we want. ... I'm encouraged by Mr. Cooper's work on this case," she said.

AP

Husband Darin Routier attends court in Austin.

Ms. Routier's 1997 conviction was followed by years of legal wrangling and a protracted effort to fix the error-riddled transcript.

The original court reporter was first held in contempt for not finishing the transcript on time and later caught lying about her bungled work. Threatened with perjury prosecution, Sandra Halsey admitted she had made audio recordings of the trial.

A judge ordered court reporter Susan Simmons to try to fix the transcript using Ms. Halsey's steno notes and tapes. Ms. Simmons testified that she repaired and certified all but 54 pages. She made a new version of those pages based on Ms. Halsey's steno notes but wouldn't vouch for their accuracy because she found errors in the notes.

Ms. Simmons said her reconstructed version relied mainly on the audiotapes, which Ms. Routier's attorney argued Wednesday violated the law. The law says a court reporter's notes are the official record, he noted.

Mr. Rolater argued that Ms. Simmons didn't create a new transcript but merely re-edited Ms. Halsey's work with the tapes, which he said is standard practice.

Mr. Cooper also contended that the steno notes and tapes omit a key hearing on defense attorney Doug Mulder's conflict of interest. Mr. Cooper said the conflict arose because Mr. Mulder first represented Darin Routier, whom prosecutors have called the only other suspect, in a gag-order hearing related to the case.

The missing hearing established whether Ms. Routier was properly told of her rights and waived the conflict.

Judge Cathy Cochran asked Mr. Cooper to explain the conflict.

"He's represented Darin, and then he turns around and says [to jurors] that Darin's the killer?" Mr. Cooper responded. "Mulder would be hung out to dry by the governing bodies in our profession."

After Mr. Mulder became Ms. Routier's attorney, the trial judge noted on his docket that he heard testimony on the conflict issue, but the hearing isn't found in the transcript, Mr. Cooper said.

Mr. Rolater contended that there's no proof that such a hearing was conducted. He argued that Mr. Mulder never had a conflict because he and Mr. Routier never had a substantial attorney-client relationship. He noted that Mr. Routier was never charged or even called as a state's witness.

Mr. Routier maintains that neither he nor his wife committed the crime.

"Nothing is missing in this case," Mr. Rolater said later. "There is part of the record that is not certified, but that's not lost, that's not missing. The transcript is as good as a transcript can be in this court."

Mr. Cooper noted that he had subpoenaed witnesses for a hearing on the conflict matter and other issues that was abruptly canceled. He said the law does not require him to produce affidavits as proof.

"It's frustrating, although not untypical, for a prosecutor to resist mightily in the trial court from giving me a hearing where I can prove all these things and then come into this court and say, 'Well, he never proved anything.' "

E-mail hbecka@dallasnews.com

---

Online at: http://www.dallasnews.com/localnews/stories/032802dnmetdarlie.d1295.html

[MeekOneGOP]

fyi

[maxwell]

I used to work at the same company with Darlie and Darin Routier in the late 80s...

DAMN, bro...

Hey I think I saw an episode on Dateline or somethingorother about this case-- Routier-- I remember it was a Frog-sounding name... Wasn't it part of the prosecution's case that she didn't show sufficient grief over the deaths by monkeying around and spraying silly string or some bullsh!t around at the funeral or something...

[SpookBrat]

I just listened to the 911 call. Yaaaaawn!! What a liar. Dang Meek, she sure can scream can't she? And her throat was cut too. I'm sorry to sound disagreeable with you and I believe you when you say there was no evidence to point to Darin, but this totally does not add up.

Now I know why my cousin said all the jury felt like Darin had something to do with it. I can't believe Darin slept through her screaming like that. How can someone break into your home, stab your children, slit your wife’s throat and you sleep through all that????? Unless…..she did it, and DIDN’T scream during her extracurricular butchering activities.

I would be screaming for my husband. My kids would be screaming. I would also go to my husband or call for him if I could, before I called 911. Why didn’t he make the call?

[SpookBrat]

Oh - will you wear short cut off jeans, chomp on gum and laugh and smile too? Please? I'll even buy you a case of silly string.........

You bring the silly string and I'll bring the Daisy Dukes and the Bubblelicious.

[WhyisaTexasgirlinPA]

Oh, and balloons! We can't forget the balloons too! We'll make a party of it........

[MeekOneGOP]

I just listened to the 911 call. Yaaaaawn!! What a liar. Dang Meek, she sure can scream can't she? And her throat was cut too. I'm sorry to sound disagreeable with you and I believe you when you say there was no evidence to point to Darin, but this totally does not add up.

Now I know why my cousin said all the jury felt like Darin had something to do with it. I can't believe Darin slept through her screaming like that. How can someone break into your home, stab your children, slit your wife’s throat and you sleep through all that????? Unless…..she did it, and DIDN’T scream during her extracurricular butchering activities.

I would be screaming for my husband. My kids would be screaming. I would also go to my husband or call for him if I could, before I called 911. Why didn’t he make the call?

Hey, I appreciate the input. I may be all wrong about that. A lot of folks have said that they suspected him. Since I was somewhat acquainted with Darin, I may just NOT be an objective person regarding him. Your logic makes sense to me.

But the thing that is lacking still is evidence, which if found and brought to the DA could still be used for prosecution. And there's no time limit to prosecute for capital murder (what do they call that now?) If they get that evidence and the DA thinks he wants to take it to the Grand Jury, I'm all FOR justice being done. I think you know that, though, right? :O)

Do you or anyone here have thoughts regarding evidence against him?? Let me know if you do, I'm interested to know if I'm overlooking something there.

[SpookBrat]

You know what Meek? After thinking about it, I've decided I should be more fair towards Darin. As you say, there was no evidence. I shouldn't make it sound so much like he was in on it. I do think maybe he knows something NOW, and protects her. I guess it's one of those things we will never know. Plus, I wasn't on the jury and all I have to go on is "news".

Hope I didn't sound like I was beating up one of my best friends in here. :) Hugs...gotta go!

[log_cabin_gop_boy]

The vacuum cleaner on top of the blood stained carpet was key to the conviction.

[MeekOneGOP]

Hope I didn't sound like I was beating up one of my best friends in here. :) Hugs...gotta go!

I never felt that you were. My post was not clear, and may have come off as being miffed, but I wasn't, honestly! I have thought about this for six years now. It's just so strange to have known or been acquainted with someone that was convicted of such a heinous act. Evidence being lacking, it doesn't mean Darin wasn't involved also. I mean, clintoon always said there wasn't a "shred" of evidence, right? Of course, he always burned the shreds, so he should know, huh? :O)

I just recalled, it's called the "statute of limitations". (Re: My memory lapse from my last post).

[MeekOneGOP]

The vacuum cleaner on top of the blood stained carpet was key to the conviction.

Thanks.

Is that what this picture is, from "Million Dollar
Mysteries" link (evidence photos) in post #48?.....

http://www.fox.com/mdmystery/103/images/routier_crime_scene_photo_02.jpg

[cgk]

"Their?" She is guilty. I think Darin had nothing to do with it.........

I think so, too. But I have issues with things like this, which may make him complicit. It seems they couldn't charge him with anything because of a conflict of interest with Darlie's lawyer, who was once (also) his lawyer:

from here

"Also, at this time, Darin Routier admitted that he had looked for someone to burglarize the family home to benefit from an insurance scam, but that he planned to have the burglary occur when the family was not at home."

Darlie also made a comment about not being worried about finances after the boys' deaths because she was getting "$5000 for each of them" in insurance.