Routier requests retesting
Posted on 07/13/2002 12:37:04 AM PDT by MeekOneGOP
Routier requests retesting
Appeals lawyers file massive writ in pursuit of new trial in slaying
07/13/2002
Lawyers for condemned killer Darlie Routier filed a formal request in a Dallas court Friday, renewing a request to retest key evidence from her 1997 capital murder trial in light of new evidence that they say backs her claim of innocence.
Ms. Routier's four-lawyer appeals team filed the 130-page writ of habeas corpus supported with more than 200 pages of sworn statements and documents in the hopes of winning a new trial.
The Rowlett mother was sentenced to die for the stabbing death of one of her two young sons, who were killed June 6, 1996.
Friday's filing says information uncovered during investigations since her conviction shows that:
• Her trial attorney was hired on the condition that he would not mention Ms. Routier's husband, Darin, as a possible suspect.
• Prosecutors withheld information that a psychiatrist who examined Ms. Routier stated she posed no danger to society, a key element for a jury to decide when considering the death penalty.
• At least one juror would not have voted to convict Ms. Routier if the videotape of a somber graveside memorial service had been shown at trial. Instead, the jury saw highly publicized footage taken moments later of the Routiers celebrating their sons' birthdays by shooting Silly String at each other.
• A forensic expert whose documented mental problems and alcoholism were kept hidden from the defense now says his work should have been questioned and tested independently.
The filing also restates allegations that a botched trial transcript hurt Ms. Routier's initial appeal and that new forensic evidence has surfaced since her trial.
The strongest attack in the filing comes against Doug Mulder, Ms. Routier's trial attorney, for allegedly agreeing not to name Mr. Routier as a possible suspect in the boys' slayings.
In a sworn statement taken Thursday, Mr. Routier said that while Mr. Mulder represented him in August 1996, the prominent defense attorney warned him that Ms. Routier's lawyers were planning to portray him as a suspect in the attack.
"I told Mr. Mulder that if we hired him [to defend Ms. Routier], I did not want him to go after me," Mr. Routier wrote. "Mr. Mulder agreed that if hired to represent my wife, he would not argue as part of the defense that I was in any way responsible for the death of my children."
Mr. Routier also, for the first time, admitted to having sought someone to burglarize their home as part of an "insurance scam." He wrote that he planned to arrange for his family to be away from the house at the time of the break-in.
He did not say whether he recruited someone to do the job.
Later in his statement he said that late on the evening before the attack, "I had a verbal disagreement with my wife. ... During that discussion, my wife asked me for a marital separation."
Dallas County Assistant District Attorney John Rolater declined to comment on allegations made in the writ, which was filed with court clerks minutes before offices closed. Mr. Rolater said his office would investigate all the allegations and file a response with state District Judge Robert Francis.
That investigation and reply could take up to six months, according to court procedure.
E-mail twyatt@dallasnews.com
Why, it's OBVIOUS they're only interested in the truth!
Mornin', Meek.
I wouldn't worry too much about this. I think it is fine if they think they can get her off, for them to go for it. That's part of our wonderful system of jurisprudence.
If Darlie Routier were able somehow to overturn her conviction, can you imagine what kind of life she'd have?
However, the MOST I think you can possibly expect is she might get her sentence reduced to life without parole.
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
Take the following excerpt from CrimeLibrary.Com's account of the events of that night:
Trauma nurse Jody Fitts, an RN for eight years, recalls, "Darlie was wheeled by Trauma Room 1, where her dead child was. She glanced over there, and I was very concerned she would get more upset. His physical condition alone was disconcerting. He was nude and covered head to toe in blood. Tubes were still held in place with tape, and brown bags had been placed around his little-bitty hands to preserve any possible evidence. It was a very stressful and horrible sight...I'll never forget it. (Darlie) saw him. She had absolutely no response, just turned her head back and stared straight ahead – cold as ice."My only point was, of course, that I'd rather see all these legal hi-jinks than summary conviction and execution of the sentence.
The fact that condemned criminals get every single chance possible to overturn their convictions actually does much to dispel the myth that we're executing innocent people left and right.
Under our capital habeas corpus statute, a defendant is only entitled to one writ. As such, they must raise everything available or it will be procedurally barred in future claims.
While there are some unique aspects to Darlie's writ, most of the claims are those common to capital habeas corpus writs -- i.e., ineffective assistance of counsel, actual innocence, prosecutorial misconduct ....
Plus, it has been my experience that defense lawyers will sometimes sign affidaivits while being pressured by the habeas lawyer only to backtrack if they have to admit the same facts from the witness stand.
Also, once a defendant has filed an ineffective assistance claim against her attorney, attorney-client privilege goes out the window. Doug Mulder is a pretty well-known defense attorney. I have trouble believing that he will completely fall on his sword and admit being ineffective in such a high-profile case. Usually, their ego (and their malpractice carrier) prevents them from doing so.
Thanks. I'm trying to remember the case........is Mulder the one that got
Cullen Davis off?
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