CW
Former Member
(Whereupon the
2 spectators left the
3 courtroom, and the
4 proceedings were
5 resumed as follows
6
7 THE COURT: Okay. Back on the record
8 now. My orders on Ms. Routier remains the same, her
9 telephone privileges are canceled.
10 The defense attorneys may appear in
11 jail anytime they want to. They may call into Ms.
12 Routier. She can receive their calls, but nobody else's.
13 MR. DOUGLAS MULDER: Well, now, wait a
14 minute, Judge. Just to clarify this. I don't know
15 whether you know what the situation there is or not. But,
16 I was there to see her yesterday, and it was about 2:30,
17 and they said that I could see her at 3:30. So, you know,
18 apparently I can't see her at anytime. I thought that I
19 would be able to see her at any time.
20 THE COURT: Well, let's go off the
21 record. Well, let's go off the record for just a minute.
22 Let's go back on the record.
23 Mr. Mosty, or Mr. Douglass, what are
24 the local rules?
25 MR. PRESTON DOUGLASS, JR.: Judge, it's
Sandra M. Halsey, CSR, Official Court Reporter
277
1 impossible for me to call one of my clients in the jail.
2 Now, maybe you can part the seas. And
3 it's different for me to talk to Ms. Routier, but it
4 doesn't work that way.
5 MR. RICHARD MOSTY: But if we happen to
6 call, and, it may take an hour for them to get her,
7 because it maybe at 9:00 o'clock at night and they don't
8 have anybody else. They've got to get female guards to go
9 get her and come up there. It just doesn't make sense.
10 MR. DOUGLAS MULDER: Well, Judge, as a
11 matter of fact, when I went to see her last night, I did
12 see her, and they were good about accommodating me, but
13 they asked me in the future to call and make an
14 appointment. I can't always call and make an appointment
15 because I don't always know when it's going to be not
16 convenient, but simply when I'm going to be available to
17 get over there and see her, so --
18 THE COURT: I'll discuss that with
19 Sheriff Kaiser tonight, and I will have an answer for you
20 tomorrow morning.
21 MR. DOUGLAS MULDER: We would like to
22 have her be able to call out to her attorneys.
23 MR. RICHARD C. MOSTY: That's part of
24 the communication. Because she might think of something
25 that happened during the trial, that strikes her, that she
Sandra M. Halsey, CSR, Official Court Reporter
278
1 needs to convey to me or Mr. Mulder, and the next morning
2 it's gone.
3 THE COURT: I will discuss all of this
4 with Sheriff Kaiser. I'll have an answer for you in the
5 morning.
6 MR. PRESTON DOUGLASS, JR.: Judge,
7 beside the phone, if I might, I tried to go see her on her
8 birthday, and I called at 5:30, and they said you have to
9 call back at 9:00. So, obviously, there is the time
10 pressures we're working on in a trial, sometimes we need
11 to be able to go right then.
12 THE COURT: I understand.
13 MR. PRESTON DOUGLASS, JR.: And if you
14 might talk to her about that.
15 THE COURT: I will talk to her about
16 that.
17 MR. DOUGLAS MULDER: Judge, it's
18 imperative that we speak to her tonight. Can she call us
19 tonight?
20 THE COURT: I think that I'll have an
21 answer for you tomorrow morning, Mr. Mulder. If you want
22 to speak to her tonight, I am sure you can go to the jail
23 and talk to her tonight, or remain here if you want to.
24 We'll stay here and let you talk now. Do you want to
25 visit with her right now? We'll get out of your way.
Sandra M. Halsey, CSR, Official Court Reporter
279
1 Feel free to do so. Thank you.
2 That is all for the record.
3 See everybody in the morning, 9:00
4 o'clock.
5 (Court leaves the courtroom.)
6 MR. DOUGLAS MULDER: Well, we would
7 like to discuss this with her, but we don't want to
8 discuss it in front of y'all, with all due respect.
9 DEPUTY SHERIFF J. BIGGERSTAFF: Well,
10 there is the little holding cell, and that's the only room
11 I know of.
12 MR. DOUGLAS MULDER: All right, let's
13 get back on the record. Let me get the Judge.
14 (Court comes back into courtroom.)
15 THE COURT: All right. Back on the
16 record again, in the Darlie Routier matter.
17 These proceedings are being held
18 outside the presence of the jury.
19 And present for the State we have Mr.
20 Toby Shook, for the defense Mr. Richard Mosty and Mr.
21 Preston Douglass.
22 Gentlemen, I have talked with Sheriff
23 Frances Kaiser, the Sheriff of Kerr County. And it's now
24 4:55 p.m. on Monday, January the 7th (sic).
25 Present also, during this conversation,
Sandra M. Halsey, CSR, Official Court Reporter
280
1 we also have now Mr. Greg Davis. And present also during
2 this conversation with Sheriff Kaiser was Mr. Kerry Young,
3 a briefing attorney for the district Judges in Dallas
4 County.
5 I have told Sheriff Kaiser, and she
6 agrees, that Ms. Routier may call Doug Mulder at 896-8942,
7 which is a condominium over in the River Hills Area.
8 She may call Mr. Richard Mosty at
9 896-3811, which is his residence. Or 257-6585, which is
10 his office. These are the only numbers she can call.
11 MR. RICHARD C. MOSTY: That's just
12 backwards.
13 THE COURT: Well, okay. Whatever, they
14 have both. The residence number is 257-6585 and the
15 office is 896-3811. Those are the only people she can
16 call.
17 The way that will be handled is as
18 follows: A sheriff's deputy will dial the number, to make
19 sure that Douglas Mulder or Richard Mosty is on the line,
20 and that time the phone will be handed to Ms. Routier.
21 The sheriff deputy will withdraw,
22 keeping her in sight, so they can't hear what she is
23 saying, but nonetheless can see her. And, as soon as she
24 is through with that conversation, the phone will be taken
25 away. She is not to call anyone else.
Sandra M. Halsey, CSR, Official Court Reporter
281
1 Visiting hours are as follows in the
2 jail: They're 1:00 to 5:00 on Saturday, Sunday, Monday
3 and Tuesday. Sheriff Kaiser has advised the Court that
4 you may visit her at any time. Call first. If you don't
5 get prompt access to her, to call her. Sheriff Kaiser's
6 number is 896-1216.
7 And, I want both of you gentlemen to
8 tell Mr. Mulder that, that we are -- and tomorrow. Okay.
9 Anything else before we get into something else? Is that
10 it?
11 All right. Then I think we've
12 adequately satisfied everybody, as regards to the
13 telephone privileges of Ms. Routier.
14 I want to tell both sides, the first
15 time she talks to anybody else, the telephone privileges
16 will be totally rescinded. If you visit out there, you
17 might tell her that too. Thank you.
18
2 spectators left the
3 courtroom, and the
4 proceedings were
5 resumed as follows
6
7 THE COURT: Okay. Back on the record
8 now. My orders on Ms. Routier remains the same, her
9 telephone privileges are canceled.
10 The defense attorneys may appear in
11 jail anytime they want to. They may call into Ms.
12 Routier. She can receive their calls, but nobody else's.
13 MR. DOUGLAS MULDER: Well, now, wait a
14 minute, Judge. Just to clarify this. I don't know
15 whether you know what the situation there is or not. But,
16 I was there to see her yesterday, and it was about 2:30,
17 and they said that I could see her at 3:30. So, you know,
18 apparently I can't see her at anytime. I thought that I
19 would be able to see her at any time.
20 THE COURT: Well, let's go off the
21 record. Well, let's go off the record for just a minute.
22 Let's go back on the record.
23 Mr. Mosty, or Mr. Douglass, what are
24 the local rules?
25 MR. PRESTON DOUGLASS, JR.: Judge, it's
Sandra M. Halsey, CSR, Official Court Reporter
277
1 impossible for me to call one of my clients in the jail.
2 Now, maybe you can part the seas. And
3 it's different for me to talk to Ms. Routier, but it
4 doesn't work that way.
5 MR. RICHARD MOSTY: But if we happen to
6 call, and, it may take an hour for them to get her,
7 because it maybe at 9:00 o'clock at night and they don't
8 have anybody else. They've got to get female guards to go
9 get her and come up there. It just doesn't make sense.
10 MR. DOUGLAS MULDER: Well, Judge, as a
11 matter of fact, when I went to see her last night, I did
12 see her, and they were good about accommodating me, but
13 they asked me in the future to call and make an
14 appointment. I can't always call and make an appointment
15 because I don't always know when it's going to be not
16 convenient, but simply when I'm going to be available to
17 get over there and see her, so --
18 THE COURT: I'll discuss that with
19 Sheriff Kaiser tonight, and I will have an answer for you
20 tomorrow morning.
21 MR. DOUGLAS MULDER: We would like to
22 have her be able to call out to her attorneys.
23 MR. RICHARD C. MOSTY: That's part of
24 the communication. Because she might think of something
25 that happened during the trial, that strikes her, that she
Sandra M. Halsey, CSR, Official Court Reporter
278
1 needs to convey to me or Mr. Mulder, and the next morning
2 it's gone.
3 THE COURT: I will discuss all of this
4 with Sheriff Kaiser. I'll have an answer for you in the
5 morning.
6 MR. PRESTON DOUGLASS, JR.: Judge,
7 beside the phone, if I might, I tried to go see her on her
8 birthday, and I called at 5:30, and they said you have to
9 call back at 9:00. So, obviously, there is the time
10 pressures we're working on in a trial, sometimes we need
11 to be able to go right then.
12 THE COURT: I understand.
13 MR. PRESTON DOUGLASS, JR.: And if you
14 might talk to her about that.
15 THE COURT: I will talk to her about
16 that.
17 MR. DOUGLAS MULDER: Judge, it's
18 imperative that we speak to her tonight. Can she call us
19 tonight?
20 THE COURT: I think that I'll have an
21 answer for you tomorrow morning, Mr. Mulder. If you want
22 to speak to her tonight, I am sure you can go to the jail
23 and talk to her tonight, or remain here if you want to.
24 We'll stay here and let you talk now. Do you want to
25 visit with her right now? We'll get out of your way.
Sandra M. Halsey, CSR, Official Court Reporter
279
1 Feel free to do so. Thank you.
2 That is all for the record.
3 See everybody in the morning, 9:00
4 o'clock.
5 (Court leaves the courtroom.)
6 MR. DOUGLAS MULDER: Well, we would
7 like to discuss this with her, but we don't want to
8 discuss it in front of y'all, with all due respect.
9 DEPUTY SHERIFF J. BIGGERSTAFF: Well,
10 there is the little holding cell, and that's the only room
11 I know of.
12 MR. DOUGLAS MULDER: All right, let's
13 get back on the record. Let me get the Judge.
14 (Court comes back into courtroom.)
15 THE COURT: All right. Back on the
16 record again, in the Darlie Routier matter.
17 These proceedings are being held
18 outside the presence of the jury.
19 And present for the State we have Mr.
20 Toby Shook, for the defense Mr. Richard Mosty and Mr.
21 Preston Douglass.
22 Gentlemen, I have talked with Sheriff
23 Frances Kaiser, the Sheriff of Kerr County. And it's now
24 4:55 p.m. on Monday, January the 7th (sic).
25 Present also, during this conversation,
Sandra M. Halsey, CSR, Official Court Reporter
280
1 we also have now Mr. Greg Davis. And present also during
2 this conversation with Sheriff Kaiser was Mr. Kerry Young,
3 a briefing attorney for the district Judges in Dallas
4 County.
5 I have told Sheriff Kaiser, and she
6 agrees, that Ms. Routier may call Doug Mulder at 896-8942,
7 which is a condominium over in the River Hills Area.
8 She may call Mr. Richard Mosty at
9 896-3811, which is his residence. Or 257-6585, which is
10 his office. These are the only numbers she can call.
11 MR. RICHARD C. MOSTY: That's just
12 backwards.
13 THE COURT: Well, okay. Whatever, they
14 have both. The residence number is 257-6585 and the
15 office is 896-3811. Those are the only people she can
16 call.
17 The way that will be handled is as
18 follows: A sheriff's deputy will dial the number, to make
19 sure that Douglas Mulder or Richard Mosty is on the line,
20 and that time the phone will be handed to Ms. Routier.
21 The sheriff deputy will withdraw,
22 keeping her in sight, so they can't hear what she is
23 saying, but nonetheless can see her. And, as soon as she
24 is through with that conversation, the phone will be taken
25 away. She is not to call anyone else.
Sandra M. Halsey, CSR, Official Court Reporter
281
1 Visiting hours are as follows in the
2 jail: They're 1:00 to 5:00 on Saturday, Sunday, Monday
3 and Tuesday. Sheriff Kaiser has advised the Court that
4 you may visit her at any time. Call first. If you don't
5 get prompt access to her, to call her. Sheriff Kaiser's
6 number is 896-1216.
7 And, I want both of you gentlemen to
8 tell Mr. Mulder that, that we are -- and tomorrow. Okay.
9 Anything else before we get into something else? Is that
10 it?
11 All right. Then I think we've
12 adequately satisfied everybody, as regards to the
13 telephone privileges of Ms. Routier.
14 I want to tell both sides, the first
15 time she talks to anybody else, the telephone privileges
16 will be totally rescinded. If you visit out there, you
17 might tell her that too. Thank you.
18