Darlie Routier asks for DNA testing

[Salem]

http://darliefacts.files.wordpress.com/2012/09/66_darlie-lynn-routier.pdf

Page 126 - start from (1).

Thank you One more question - who put the blog/transcripts together? I couldn't get to the homepage from the pdf.

Thank you for your patience in helping me come up to speed here.

Salem

 

[TellTheTruth]

Thank you One more question - who put the blog/transcripts together? I couldn't get to the homepage from the pdf.

Thank you for your patience in helping me come up to speed here.

Salem

The transcripts are available from multiple sites - This one is from www.darliefacts.com

List of Transcripts here: http://darliefacts.com/jury-trial-transcripts/

 

[Madeleine74]

The sock is a red herring. It has the DNA of 3 people on it: Devon, Damon, and Darlie. It is Darin's tube sock.

 

[JenniferTx]

I'm curious if the testing results have been released? Wondering how much longer before we find out what the final results are.

 

[hducky1977]

This is a good blog on the blood evidence (and other evidence) that convicted Ms. Routier. I apologize if it has already been posted. I recommend reading it.

http://justice4newcomers.wordpress.com/2012/09/25/blood-evidence-does-not-lie/

 

[Zzzz]

In December or January a federal judge required a progress report on the DNA testing every 6 months because nothing seemed to be happening. Apparently the first progress report was submitted this month. A sleuth who is better at this than I can probably find it but I don't think it says much other than the tests are still ongoing.

 

[Val830]

I haven't seen any posts on the State's motion of last week. Long story short - the state requested that Darlie not be entitled to any more DNA testing b/c even if the rest of the items come back entirely in her favor, it is not enough to prove her innocence.

There are also some chain of custody/contamination concerns, specifically that some of the items were not properly stored in sealed packaging. This is a shame, but I'd be interesting in finding out the protocol of 1996 and whether or not any rules were broken.

Not sure it matters at this point since she cannot meet the scenario the judge said she'd have to meet to prove her innocence.

If the judge grants this, the case is moved to the federal courts. The federal courts move a lot faster than the state courts. The federal courts can order the prints run through AFIS, but I'd bet money that'll turn out to be a dud just like the DNA testing.

So - thoughts?

Should the courts grant the state's motion and put an end to her never-ending testing requests? Should they allow her to continue testing even though the best-case scenario won't be enough to prove her innocence? What do you all think? Can anyone even imagine a scenario where the still-untested items can prove her innocence?

Here is the motion, hopefully the link will work. I'll post a recap of what has been tested and what has not in another post.

 

[Val830]

Here is a quick summary of the DNA order/results:

Darlie sought to test:

1. untested bloodstains and swabs from the butcher knife murder weapon,
2. untested bloodstains from her nightshirt
3. untested bloodstains from couch pillows
4. untested blood from the finger print on the coffee table
5. untested bloodstains from the sock in the alley
6. the limb hairs from the sock


The Court already ruled that she has a case for innocence IF:

DNA evidence from the SAME unknown male was discovered in blood on the nightshirt, blood from the utility room door, and was the contributor of the pubic hair and facial hair. The DNA has to match, of course - a couple of unknown unmatching DNA samples can't cut it.


The results of the so-far completed testing include:

1. All the blood on the nightshirt came from either Darlie, Damon, Devon, or a combination of them.
2. The blood from the sock was sourced to Devon.
3. The blood from the utility room door yielded no DNA profile.
4. The pubic hair and facial hair (which was recovered from a kitchen rug - these are NOT the limb hairs from the sock) do not match either Darlie, Devon, Damon or Devon - BUT they do not match each other either. They are two random hairs stuck to a kitchen rug.


The state is now asking the court to put an end to her DNA testing b/c the testing that HAS been done shows that she has no way to meet the burden the courts already ruled must be met if she wants to prove her innocence.


It should be noted that if the judge grants the state's motion, she still has the federal level appeals process. Her fight isn't over yet, but it's certainly getting closer and closer.

 

[chlban]

Enough already. It was already obvious what she was doing and, so far, it's worked. She is still breathing and for Texas she is well overdue for her date with the needle.

She is guilty as hell. She is not going to prove anything else, because you have to be an idiot, or a member of her family (and, clearly, the two things are not mutually exclusive) to beliieve otherwise. At least if you have done any real research on the case.

The State of Texas should call a halt to the testing and move forward.

 

[Val830]

Ya know - if she was anywhere but Texas, I'd say delaying and delaying and delaying might lead to a point where the death penalty is overturned.

Not gonna happen in Texas though - unless it's banned federally as it has in the past. But that's not gonna happen either.

She's a dead woman walking. I am so sick of her.

 

[CanManEh]

That don't matter one bit she should be given every chance to prove she is innocent she is not 95 years old where she may pass away before she gets the needle .There shouldn't be a hurry to put someone to death let her go through the motions and when it is 1000% positive then put her to death but if there is even a 1% chance she isn't then she should not be put to death untill it's absolutly no dought not the slightest dought that she did it ..And that don't mean by all of our opinnions that means by all of the evidence..

 

[Val830]

That don't matter one bit she should be given every chance to prove she is innocent she is not 95 years old where she may pass away before she gets the needle .There shouldn't be a hurry to put someone to death let her go through the motions and when it is 1000% positive then put her to death but if there is even a 1% chance she isn't then she should not be put to death untill it's absolutly no dought not the slightest dought that she did it ..And that don't mean by all of our opinnions that means by all of the evidence..

Except - even if every single thing left to test is tested and all the results are in her favor (fat chance since all the evidence tested so far does nothing for her) - it's not enough to prove her innocence.

She needs multiple samples that don't belong to her and all match each other - and they have to match a man b/c she claims the intruder was a man.

The DNA statute doesn't say "test everything just in case". It says, in laymans terms, test what can prove her innocence.

DNA testing isn't free ya know. It costs hundreds of thousands of dollars of tax payer money. Tax payers shouldn't have to pay to test every hair in a house, for example - they should pay for testing that can actually prove innocence.

Oh, and there's no such thing as 100% sure anyone did anything. Even confessions and a videotape couldn't prove that. It says beyond a reasonable doubt. At this point, it's unreasonable to think anyone but Darlie stabbed her boys. It HAS been proven.

 

[cami]

That don't matter one bit she should be given every chance to prove she is innocent she is not 95 years old where she may pass away before she gets the needle .There shouldn't be a hurry to put someone to death let her go through the motions and when it is 1000% positive then put her to death but if there is even a 1% chance she isn't then she should not be put to death untill it's absolutly no dought not the slightest dought that she did it ..And that don't mean by all of our opinnions that means by all of the evidence..

she's had every chance, there is nothing, nothing that does not come back to her There was no intruder. She's a dead woman walking, unless they offer her commutation for a confession.

 

[cami]

In December or January a federal judge required a progress report on the DNA testing every 6 months because nothing seemed to be happening. Apparently the first progress report was submitted this month. A sleuth who is better at this than I can probably find it but I don't think it says much other than the tests are still ongoing.

Actually it doesn't, Routier doesn't qualify for any more testing under Chapter 64 so her state appeals have come to end, if the judge concurs. She then moves into her federal appeals, which will go very quickly I suspect so her case is coming to a conclusion soon.

 

[MissJ]

When my some was injured I used wet wash rags on his head. I don't believe her wetting down towels indicates anything other than she isn't trained in first aid. And I don't believe for a second she was sitting around doing nothing. The prosecution's own audio expert testified she was moving back and forth from the kitchen to the living room. She can also be heard, very clearly, telling Damon to hold on and screaming for the ambulance to get there.

The same cop who claims he told Darlie to help with the boys is the same cop you can hear, on the tape, telling her to "lay down... Ok... Just sit down." That's a bit of a contradiction telling someone to sit down but wait... Get up and help.

If you want to stop bleeding why use something that is already saturated?:twocents: Never seen it done in ER or EMS and I have worked both.:moo:

 

[Zzzz]

Thank you Val830 for the very precise info on the mandated DNA status report, which apparently broke the logjam. It's time for this stalling nonsense to be over. There are going to be random hairs all over that house from countless past visitors - people shed hair constantly from every part of their body.

I don't necessarily want to see Darlie put to death, but I want her to stop wailing her innocence and hiding under her pen pal letters full of religiosity and prayers. I feel sorry for her - I think the diet pills played a big part in the murders and that drug reactions play a bigger role in irrational behavior and impulse control than people realize. (There was another high profile killing in D involving Chantex). And, I also believe she is a true sociopath. But she would be better off blaming her actions on that than continuing to abuse her long-enabling family and sycophantic supporters.

 

[txsvicki]

What about the limb hairs in the sock? Did they belong to one of the family?

 

[Val830]

What about the limb hairs in the sock? Did they belong to one of the family?

It does not look like those were tested yet. The state's motion says they were stored properly on slides so there is no issue of contamination.

The Court has already ruled in prior decisions that those two limb hairs alone won't meet the burden of proving innocence, since there are other ways (besides the murderer using that sock) for those hairs to get there.

My guess is that they belong to Darin. It was his damn sock after all.

 

[chlban]

she's had every chance, there is nothing, nothing that does not come back to her There was no intruder. She's a dead woman walking, for a confessionunless they offer her commutation .[/QUOTE]

BBM. Now that could be interesting.

 

[Cherry]

I still would have liked to see her husband charged, I found him to have no emotion and his flat affect really was off the charts. I think he was involved. The state can always charge him if they ever feel like they have a true bill against him.....