Darlie Routier asks for DNA testing

[neesaki]

Can they order her to move on now? Or does she just get to keep on stalling? Can she try to order more DNA tests or does she have to find another angle to appeal from?

I don't think there are any more DNA tests to run, and IIRC the only appeals left are Federal now ? I'm not sure though, I just can't understand why the results that Cami posted about have now been removed . I mean, what's that all about. :thinking:

 

[Zzzz]

Can they order her to move on now? Or does she just get to keep on stalling? Can she try to order more DNA tests or does she have to find another angle to appeal from?

Darlie's camp is obviously running out of things to try at this point. They knew the DNA results would show nothing new. Thus, the CNN show was clearly timed to stir up the masses to demand a new trial. Of course a new trial can't happen unless new evidence is uncovered or it is shown that evidence was purposely withheld (and if that were even remotely true, Darlie's defense team would be on it).

But it is predictable that websites are lighting up with outrage at the propaganda, from people with no knowledge of the trial transcripts. And those who have read the transcripts are convinced that everyone in law enforcement and the medical profession are lying just so the dumb heathens in Texas can send a poor innocent housewife to the death chamber.

I'd like to see the "grieving gravesite video" that was "withheld" from the jury. Why isn't it plastered all over YouTube?

 

[Madeleine74]

The CNN show? Is this new? When did this air? I don't have cable so I'll have to look for it on the Interwebs.

 

[DeDee]

There is no missing knife, nor is there a bootprint in blood. Darlie has not been excluded as yet by any court to the fingerprints found. Oh yes I know her defence says there not hers but they can say anything they want. A suspicious vehicle? A vehicle didn't commit the murders. No make, no model number, no tag number, no description of occupants was ever given the police about the so called black car watching the Routiers--just another red herring.

You need to get past the trial, it's been 17 years.

I thought there was a bloody foot print behind the sofa that was proven to be from one of the medics who gave aid to one of the boys.

When I saw the footage of the silly string at the graveside birthday party, I thought: Now, there is a woman who doesn't want to care for her children any longer.

[video=youtube;fw6h5gOPygY]https://www.youtube.com/watch?v=fw6h5gOPygY[/video]

 

[cami]

I thought there was a bloody foot print behind the sofa that was proven to be from one of the medics who gave aid to one of the boys.

When I saw the footage of the silly string at the graveside birthday party, I thought: Now, there is a woman who doesn't want to care for her children any longer.

[video=youtube;fw6h5gOPygY]https://www.youtube.com/watch?v=fw6h5gOPygY[/video]

Yes there was Dee, the footprint behind the couch belonged to a paramedic. Testified to at trial in front of the jury. The only two bloody footprints found belonged one to the paramedic and one in the kitchen to one of the police officers, I forget his name now.

 

[cami]

Can they order her to move on now? Or does she just get to keep on stalling? Can she try to order more DNA tests or does she have to find another angle to appeal from?

there are more tests to come. She was granted some by the federal judge Royal Ferguson. The limb hair on the sock and the prints through AFIS. What I'm wondering is if they will go that far. Will she finally give it up now that the tests they have claimed for years would show her innocence and the presence of an intruder have failed.

 

[cami]

I don't get it. When I go to the link, it brings up the list. And the most recent shown is this:

4/6/2015 order-miscellaneous addt'l DNA testing F9639973.

Click on that and it brings up the actual court order. But there are no later entries after 4/6/2015 that show the results of the testing. Cami, anyone, how are you seeing the results ? Were they removed ? :waitasec:

they are here on our facebook page. Since it's a group, you might have to join the group to read the results, not sure

https://www.facebook.com/groups/JusticeForDevonandDamonRoutier/963417057042122/?hc_location=ufi

 

[JezMyOpinion]

I would not hold my breathe.
That vile creature will never admit to her horrific crimes.
Her extreme narcissicism probably has already convinced her sick brain that she did not do it.

 

[neesaki]

they are here on our facebook page. Since it's a group, you might have to join the group to read the results, not sure

https://www.facebook.com/groups/JusticeForDevonandDamonRoutier/963417057042122/?hc_location=ufi

Ugh, I'm not on Facebook, quit it a few years ago. Oh well, thanks Cami. :wave:

 

[neesaki]

I would not hold my breathe.
That vile creature will never admit to her horrific crimes.
Her extreme narcissicism probably has already convinced her sick brain that she did not do it.

That's what I believe as well, because of her desire to totally deny and complete inability to admit the heinousness of her crime of murdering her own children, she's actually convinced herself she didn't do it in her own narcissistic mind. Which amounts to nothing but lying to herself, in addition to lying to the rest of the world. Nothing new though among people like her, IMO.

 

[lucchesicourt]

I agree. Test it all and hurry the hell up.

Darlie's defense has been delaying and delaying and delaying for 5+ years ago. DNA testing was ordered over five years ago.

They have been taking their sweet time b/c they were waiting for the statute to change so that she'd be entitled to more thorough testing than was originally granted.

Yes, testing capacity was no where near as advanced in 1996 as it is now. I'm not anti DP, but I feel that granting the gov't the authority to take a persons life comes with great responsibility. And if there's evidence to test - test it! It gets out of hand when a defendant uses it to delay the inevitable for decades but that's a side effect of our sloooowwww justice system.

But rambling aside - get to it Darlie! Stop delaying it and test the damn evidence!



First, all DNA testing in the beginning, until the federal judge ordered more testing, was the DNA testing ordered by the prosecution. Darlie did not have any control over what was tested and not tested. This was totally up to the prosecution. Also, DNA testing in 1996 could have been done to locate a y- chromosome on the nightshirt. This was possible in 1996. You did not need any of this so called advanced DNA science at the time as some are sugeesting. This just was NOT done. And, if no Y-chromosome was detected then Damon's, Devin's, Darin's, and the possible suspect's DNA (if a man), did not leave any blood on the nightshirt.
The prosecution and judge were not concerned with the evidence only a conviction. That is why the evidence and trial were so well orchestrated.

 

[Madeleine74]

Prosecutors don't decide what evidence gets tested or even how it's tested. That is done by by the labs after handoff from the CSI types, who do the collecting, packaging part of the process. Once items are back in a lab, decisions about testing are made by scientific folks.

Prosecutors get what they get from LE in a detailed "murder book," which is all aspects of an investigation, and prosecutors decide if they think there's enough evidence to litigate the case. Different departments all of them, not the same chain of command.

 

[lucchesicourt]

Prosecutors don't decide what evidence gets tested or even how it's tested. That is done by by the labs after handoff from the CSI types, who do the collecting, packaging part of the process. Once items are back in a lab, decisions about testing are made by scientific folks.

Prosecutors get what they get from LE in a detailed "murder book," which is all aspects of an investigation, and prosecutors decide if they think there's enough evidence to litigate the case. Different departments all of them, not the same chain of command.

The prosecution side does decide what does and does not get tested. The defense does not get ANY say in the matter. Then the prosecution gets the results and decides what to use and not to use. There were over 200 photos taken, and not all were given to the defense.

The forensic team is employed by the state government, and not the defense. So, exactly what do you mean that the prosecution did not decide what is tested and not tested. The defense had NO say in the matter.

It wasn't until the federal government stepped in that Darlie was able to get the evidence to be tested. The state's judges refused to let her test anything.

 

[lucchesicourt]

http://www.fordarlieroutier.org/Legal/Habeas/081105.pdf

page 17 item #4 petition to test the nightshirt is DENIED by the state. Why? because the state can do whatever it wants, until the federal government steps in. Then it's a whole new ballgame. TD for Darlie after that. So, exactly what part of the procedure is not decided by the STATE? (The state and the prosecutor are on the same side).

 

[Madeleine74]

Yes, it's up to the state to come up with the evidence since the burden is 100% on them to prove guilt beyond a reasonable doubt to a Jury of 12. The state 'owns' the case for 'the people of the state.' The prosecutors are but one department of 'the state.' The crime lab, the CSI types are in a different department. All investigation and expenses for that investigation and testing is on 'the state' since they are the ones assigning blame for a crime committed.

The prosecution is not required to advocate for a defendant when they believe a defendant committed the crime, they have evidence to prove the charges, and they are seeking to obtain a conviction; this is an adversarial system, as designed by the founders of the country and detailed in the Constitution. However, all the state resources (CSI, lab, M.E.) are required to be impartial and follow scientific procedures.

The evidence brought forth to the jury was enough to convince that jury of DR's guilt. They unanimously decided and the verdict of guilt and then death was their result.

What you're referencing is after the verdict, where the appellate attorneys are now petitioning the court, asking to run additional tests on one or more items to try and save their client. The state has the right to argue any and all motions, just as the defense has the right to argue for their side. The judge or a judicial panel decides. Whole different ballgame after a guilty verdict, which is why appeals can go on for years.

 

[Madeleine74]

One more important point:

Once a verdict is obtained, if that verdict is "guilty," the burden then shifts 100% to the convicted felon to prove why their verdict should be put aside. Appeals get filed and special appellate attorneys get assigned to the case.

 

[lucchesicourt]

So, they didn't test the nightshirt. Ummm is that smart? And, exactly who employs these forensics people- Darlie's defense or the prosecution's side people? Do not say they aren't on someone's side. They are the STATE employees. Hence, when they read the charges, it says the State of Texas verse Darlie Routier if I am reading things right.
Darlie gets no say at all in what is tested. The state does. And, the prosecution works for the state. How naïve are you?

I have worked with DNA on many occasions, and what you're trying to tell me is the forensics people in Texas are just stupid, as they thought testing the nightshirts DNA was not important. Yet, their case involved the circumstantial evidence that Bevel said was castoff blood from the stabbing of Devon and Damon onto the nighshirt. You have got to be kidding me about these forensics lab workers in Texas. I am sure they wanted to test the nightshirt, and someone told them not too. Yes, this too is circumstantial, but come on, these people just are not that stupid as you seem to think.

 

[lucchesicourt]

And, that is why they didn't test the nightshirt.

This case was totally orchestrated by the prosecution. They did not test some evidence, they mixed the evidence with other evidence (cross contamination), they moved things, the rehearsed with the prosecutions witnesses (that is tampering), thehad cops take the 5th, they had over 30,000 errors in the original transcripts, they presented false circumstantial evidence (only Darlie's blood is on the nightshirt), they said the fingerprints were those of a small child (proven wrong), they said the bloody finger print was not able to be identified (but they failed to say they had enough of a print to show it did not belong to any of the Routier's), they didn't investigate the unknown person in the area, etc. Basically the keystone cops convicted here with the help of Cron who decided she was guilty without any forensic evidence.

How can anyone believe such a bunch of goofballs as the state of Texas had working on the Routier case?

And, you defend them? I guess if you can't beatem join em

 

[Madeleine74]

So, they didn't test the nightshirt.

That's false. The Tshirt was tested.

However, the defense (after the verdict and as part of a later effort for more DNA testing and using advanced DNA testing since the murders) asked for *additional testing* of some individual stains that were not tested. Not every single stain on an item of clothing that has dozens of stains is necessarily going to be tested by the state. They only have so many resources and decisions have to be made on priority of items to test, how much to test, etc.

The jury heard and saw everything presented to them in the courtroom. They heard and saw all witnesses. The jury, at its discretion, can choose to believe or not believe any witnesses testimony in whole or in part. They can choose to put weight on any evidence, or not. Totally up to them to decide.

And decide they did.

 

[seattlechiquita]

The prosecution is in a no win situation at this point. The new law dictates Darlie is entitled to all the DNA testing she wants. Now it's just a matter of the prosecutors and defense agreeing to certain conditions of the testing. The unidentified limb hairs already support her actual innocence claims.

I'm not certain how to view the shirt testing evidence. Most of the numbers in the report are the same as the numbers used at trial. If so, 24T8 is really going to screw the prosecutions case. If that blood stain is actually Darlie's and not Devon's... Wow. Gene Screen screwed the pooch big time.

Ture - the procesuting team is not looking so hot right now. But, people are stubborn, so I would not be surprised if Darlie was 'invited' to submit an Alford plea. Thoughts?