Darlie Routier asks for DNA testing

[beesy]

Can someone tell me what exactly does this mean, in laymans terms.

Thanks

I can't even explain it in legal terms and you want me to convert it? :crazy:

 

[cami]

Hi Cami,

We abolished the death penalty by statute in 1969. Its fair to say that if we had a referendum here, there would probaly be a majority vote (not unanimous but more than 50%) by the public to return it but there remains a majority against it in the House of Commons and even if there wasnt, the House of Lords would put up a fight. There hasnt been any protest by the public about this on a 'the will of the people' argument, on the basis that the people who would likely vote for it are those least likely to vote in political elections....sorta put up or shut up lol.

Same here, if we had a referendum, Canadians would vote to return it, I believe. As we have a minority government in place, the Conservatives would have to negotiate with the three other parties, the other parties would also put up a fight.

 

[beesy]

From what I can make of this motion is:
Her motion to have her federal habeas proceeding stayed pending state dna tests results was denied by the district court on March 2, 2006. This is a motion for reconsideration of the denial of motion to stay the proceeding until the State dna test results are completed.

The district court sees it as a delaying tactic citing the petitioner is more interested in staying the proceedings than expeditiously obtaining DNA testing on those items...which have been pending in the state court for 2 1/2 years. The Court denied on the grounds that Darlie did not sufficiently identify the precise dna evidence she believes will be produced.
I got a laugh out of this "the district court invited petitioner to re-file her motion, albeit scornfully"

Oh, that's hilarious! I hadn't caught that!
Yes, Darlie, do be careful. Too much sniffing around is only going to put it right back on you and you'll lose your eccentric backers.
Thanks cami!

 

[cami]

Hi Cami,

Para 1 - If all the articles were tested and there was matching DNA between the sock, one of the hairs and the fingerprint and/or the knife then this would, I think, outweigh the damming blood evidence against her, as it would place an intruder in the house and cast doubt on the other evidence....but how likely is this? You have to admire her (hmm, perhaps wrong word) for trying, as this could REALLY backfire and fairly conclusively prove her guilt....an intruder is not realistically going to be present at a scene and leave no trace of DNA whatsoever on at least some of the things he's alleged to have come into contact with.

oh forgot to address this. Yes, I understand what she needs to cast doubt on her conviction. I do believe it is going to backfire on Darlie, just as it backfired on MacDonald. Admire her? Oh no, I believe she should take responsibility for her actions and stop wasting the court's time and the taxpayers money. I do have compassion for her but admire her, never in a million years.

 

[Britlaw]

oh forgot to address this. Yes, I understand what she needs to cast doubt on her conviction. I do believe it is going to backfire on Darlie, just as it backfired on MacDonald. Admire her? Oh no, I believe she should take responsibility for her actions and stop wasting the court's time and the taxpayers money. I do have compassion for her but admire her, never in a million years.

LOL thats why I added the paragraph comment realising it was the wrong word when I typed it. What I meant was that shes got some...what we would refer to in the UK as 'front' or 'balls' to be going there in the first place, knowing the potential risk. I will feel sorry for her family if it does backfire big time for her. At the moment her mom will always be able to convince some with the 'my daughter was innocent' when/if shes executed (having probably convinced herself). If the motion is granted and the new evidence just corroborates or adds to all the existing evidence, her mother has to live with that harsh reality, as will surviving son etc. what a mess.

 

[feenix]

I can't even explain it in legal terms and you want me to convert it? :crazy:

No problem beesy, Cami explained it above.

 

[sharpar]

Britlaw : She isnt at the point in her appeals where she can introduce new evidence . The jeans were never tested by the state so she cant mention them yet . That will come later down the road .

This part of the appeal is about errors and admissions . The down and dirty of this brief was to say things were tested but not extensively enough. By testing other spots , drops, etc other evidence will appear and prove there
was an intruder.

BTW :
I am going to loose 20lbs in my sleep, get at tan in the moonlight and gravity will reverse its harsh punishments on my body parts.

Darlie is gonna die by lethal injection. You dont commit DP offenses in texas unless ya really want to die.

 

[cami]

BTW :
I am going to loose 20lbs in my sleep, get at tan in the moonlight and gravity will reverse its harsh punishments on my body parts.

aaaahahahaha

 

[Britlaw]

Britlaw : She isnt at the point in her appeals where she can introduce new evidence . The jeans were never tested by the state so she cant mention them yet . That will come later down the road .

This part of the appeal is about errors and admissions . The down and dirty of this brief was to say things were tested but not extensively enough. By testing other spots , drops, etc other evidence will appear and prove there
was an intruder.

Okay, sorry, we have a different appeal system here...well we dont have the DP but here you can appeal on the basis of challenging existing evidence and/or bring up new evidence if you can make a good argument that there is new evidence/evidence not put at the original trial ......not having to exhaust one before the other...CCRC makes this easier and a bit more impartial.

I watched Discovery last night and there was a doc on blood/forensic evidence at the OJ trial. Man there was more evidence there than they have against Darlie. We didnt get the daily blow by blow account and analysis over here...I bet you guys didnt get any sleep!!

 

[Mama-cita]

Gee I hope they do allow the testing and it proves her as the murderer once and for all. Can you imagine if no additional testing is allowed and she is executed? The Darlie campfire gals can scream from the rooftops that an innocent woman was executed and was denied the opportunity to prove her innocence. They will probably say it was a conspiracy between the Rowlett PD and Toby Shook to frame Darlie and persuade the courts not to let her have the DNA tests. Good Gracious.

 

[Jeana (DP)]

Gee I hope they do allow the testing and it proves her as the murderer once and for all. Can you imagine if no additional testing is allowed and she is executed? The Darlie campfire gals can scream from the woman that an innocent woman was executed and was denied the opportunity to prove her innocence. They will probably say it was a conspiracy between the Rowlett PD and Toby Shook to frame Darlie and persuade the courts not to let her have the DNA tests. Good Gracious.

Toby isn't the district attorney (yet), they can scream about him all they want, the choice was made higher up than him. Personally, I think she's been proven to be the murderer "once and for all," so while I won't be jumping around clapping, I won't be sorry once she's executed either. She's been provided with a defense that other defendants only dream about. From what I understant, items were OFFERED for testing previously and were denied. That door has closed and they don't have to open it again for a done deal.

 

[Mama-cita]

Toby isn't the district attorney (yet), they can scream about him all they want, the choice was made higher up than him. Personally, I think she's been proven to be the murderer "once and for all," so while I won't be jumping around clapping, I won't be sorry once she's executed either. She's been provided with a defense that other defendants only dream about. From what I understant, items were OFFERED for testing previously and were denied. That door has closed and they don't have to open it again for a done deal.

Oh I do believe once and for all it has been proven as well, but it would be nice for the campfire girls to be presented with incontravertible proof!

 

[beesy]

Gee I hope they do allow the testing and it proves her as the murderer once and for all. Can you imagine if no additional testing is allowed and she is executed? The Darlie campfire gals can scream from the rooftops that an innocent woman was executed and was denied the opportunity to prove her innocence. They will probably say it was a conspiracy between the Rowlett PD and Toby Shook to frame Darlie and persuade the courts not to let her have the DNA tests. Good Gracious.

There has been testing, tons of testing. Darlie's case is closed. It has been proven in a court of law that Darlie was the killer. So what happens when the results come back and point to Darlie? Will her supporters quietly sneak away, hiding their heads in shame? No, they'll continue to say that something wasn't done right or that not enough was tested. They already think there is a conspiracy. It will never end. Darlie's DNA showing up anywhere in that house changes nothing, so how will more testing which points to Darlie prove anything to her worshipers? If all of that blood evidence doesn't convince those people, they won't ever be convinced. What happens if by some chance those hairs can be ruled out as belonging to anyone in the house? Does that prove Darlie is innocent? No, as someone said, it could have come from a repairman, anybody. These new tests will prove nothing either way and they are a waste of time and money.
As far as we know, there has never been an execution in U.S. history of a innocent person. The chances of it happening are slim to none, especially these days. I think we can all ignore the Salem witch trials when we refer to U.S. execution history.

 

[Valinda]

There has been testing, tons of testing. Darlie's case is closed. It has been proven in a court of law that Darlie was the killer. So what happens when the results come back and point to Darlie? Will her supporters quietly sneak away, hiding their heads in shame? No, they'll continue to say that something wasn't done right or that not enough was tested. They already think there is a conspiracy. It will never end. Darlie's DNA showing up anywhere in that house changes nothing, so how will more testing which points to Darlie prove anything to her worshipers? If all of that blood evidence doesn't convince those people, they won't ever be convinced. What happens if by some chance those hairs can be ruled out as belonging to anyone in the house? Does that prove Darlie is innocent? No, as someone said, it could have come from a repairman, anybody. These new tests will prove nothing either way and they are a waste of time and money.
As far as we know, there has never been an execution in U.S. history of a innocent person. The chances of it happening are slim to none, especially these days. I think we can all ignore the Salem witch trials when we refer to U.S. execution history.

I agree, the Darlie fans will NEVER think she's guilty. They're going to raise hell when she executed.

 

[Mama-cita]

This may be a slight thread-jack but if (when) she loses this latest round, will she automatically be scheduled for execution? How long before it will likely happen? How high-profile does everyone think it's going to get. Will she be strapped to the gurney shouting her innocence? Who WAS that man on the Grassy Knoll? Oops wrong case. Enquiring minds DO want to know!

 

[Jeana (DP)]

Oh I do believe once and for all it has been proven as well, but it would be nice for the campfire girls to be presented with incontravertible proof!

I'm not sure some of them would believe it, even if those tests were done by experts they selected. They say that they'll need to see (a) and then they see (a) but then they say they want to see (b). Nothing will EVER prove to them that Darlie did this.

 

[Jeana (DP)]

This may be a slight thread-jack but if (when) she loses this latest round, will she automatically be scheduled for execution? How long before it will likely happen? How high-profile does everyone think it's going to get. Will she be strapped to the gurney shouting her innocence? Who WAS that man on the Grassy Knoll? Oops wrong case. Enquiring minds DO want to know!

No, she won't automatically receive a date. She's got a few years left. It will be VERY high profile, but as soon as its over, it will be over. No one will be standing around for years saying it was a mistake, etc., except for her few family members. I think she will be stapped to the gurney still saying she's innocent.

 

[Dani_T]

Haven't had time to read it or digest the info on here yet but no mention of the screen and bread knife fibers in the latest motion eh?

 

[Jeana (DP)]

Haven't had time to read it or digest the info on here yet but no mention of the screen and bread knife fibers in the latest motion eh?

I haven't had the stomach to read it. . . sorry.

 

[cami]

Haven't had time to read it or digest the info on here yet but no mention of the screen and bread knife fibers in the latest motion eh?

No, nor any mention of the bloody print on the Utility room door.