Should Darlie have a new trial?

[miss_vegemite]

Pedantic means to follow the strict definition of a word. I think I used the term "just another victim". The poster played on my word 'just', playing that I didn't respect Devon. That is ridiculous, malicious, and a weak way of defending an argument.

Well I have to say that when I read your comment "just another victim" I found it to be very callous and shallow. That's how you came across to myself and possibly others. I do not think the writer was at all being pedantic, just caring...

 

[whitywendy]

Please provide a link as to the automatic death penalty, as I couldn't find anything saying that...
also at the risk of looking like a fool in front of everyone would you please state what "pedantic" means....

Right with you chick - what does that word mean!

 

[whitywendy]

Well I have to say that when I read your comment "just another victim" I found it to be very callous and shallow. That's how you came across to myself and possibly others. I do not think the writer was at all being pedantic, just caring...

Vegemite - your words are flowing so well....:clap::clap::blowkiss:

I also felt the same way when reading the post. But sometimes I have to remind myself that when someone takes a professional approach toward an issue, that sometimes the words do sound callous and shallow.

 

[Jeana (DP)]

I'm pretty sure I'm right here, but in 1997 if your were convicted of capital murder of a person under the age of 6, then the sentence was automatic DP.

As to one of your other posts, 'just another victim', be pedantic but I value the needless destruction of anyone's life.

No, you're incorrect. Its up to the District Attorney's office to ask for the death penalty. Its NEVER been automatic.

 

[Jeana (DP)]

I'm pretty sure I'm right here, but in 1997 if your were convicted of capital murder of a person under the age of 6, then the sentence was automatic DP.

As to one of your other posts, 'just another victim', be pedantic but I value the needless destruction of anyone's life.

Let's see if this can help you out:

Texas procedure generally

In Texas, the district courts have original jurisdiction for all criminal felony cases. If an individual is convicted of a capital felony, he or she may be subject to punishment by death, if the State sought such punishment. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the: murder of a public safety officer, firefighter, or correctional employee; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during prison escape; murder of a correctional officer; murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] murder of an individual under six years of age.
In Texas, a person must be of at least 17 years of age at the time of the crime to have the death penalty imposed upon him or her.
After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals.


Did you see the bold and underlined portion? That's where you seem to have the glitch.

 

[Jeana (DP)]

Links for the automatic dp for victims under 6 years of age are all over the place. Dont know if they still apply, but did back when Routier went to court. The quickest link is to go to the 'justice for darlie' and view the 48 hours video. This was also at the time when they sent 15 year olds to jail, in a major penitentiary and not to juvenile detention. Can you imagine their rehabilitation?

Pedantic means to follow the strict definition of a word. I think I used the term "just another victim". The poster played on my word 'just', playing that I didn't respect Devon. That is ridiculous, malicious, and a weak way of defending an argument.

I didn't see any argument. Just some meaningless words on a page. So far, you haven't made a competent argument for anything.

 

[Mary456]

Darlie is guilty but the more I have been thinking about it, she should get a new triel. There is doubt for some people and she has so many supporters.

I question whether she has a lot of supporters. Seems more like a handful of very vocal supporters

a new trial or even just trying her for the other child would silence her supporters and the these 2 boys rest in peace.

There's no silencing that group; even a new trial wouldn't do it. I think the reason it's taking so long to rule on more DNA testing is that it will set a precedent, one that defense lawyers can cite - for years to come - in order to buy time for their clients. If they grant retesting in Darlie's case, without some very valid reasons for doing so, they'll have to grant it to other death-row inmates.

I'm not saying it won't happen. I'm just saying that it's a difficult and far-reaching decision.

 

[rocking]

Let's see if this can help you out:

Texas procedure generally

In Texas, the district courts have original jurisdiction for all criminal felony cases. If an individual is convicted of a capital felony, he or she may be subject to punishment by death, if the State sought such punishment. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the: murder of a public safety officer, firefighter, or correctional employee; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during prison escape; murder of a correctional officer; murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] murder of an individual under six years of age.
In Texas, a person must be of at least 17 years of age at the time of the crime to have the death penalty imposed upon him or her.
After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals.


Did you see the bold and underlined portion? That's where you seem to have the glitch.

OK. I take your point. It is still easier to get the DP if you prosecute someone that meets the criteria, rather than going through double/separate trials.

 

[rocking]

I question whether she has a lot of supporters. Seems more like a handful of very vocal supporters



There's no silencing that group; even a new trial wouldn't do it. I think the reason it's taking so long to rule on more DNA testing is that it will set a precedent, one that defense lawyers can cite - for years to come - in order to buy time for their clients. If they grant retesting in Darlie's case, without some very valid reasons for doing so, they'll have to grant it to other death-row inmates.

I'm not saying it won't happen. I'm just saying that it's a difficult and far-reaching decision.

You are right there. Another case I was following was the West Memphis Three in Arkansas. The eldest of the three was 18 at the time and he has the DP. The other two, basically have LWOP. That was in 1993. DNA evidence has come in, which does not implicate them but may suggest another person.

Some have said that it could mean many more years, before a retrial is even considered.

 

[kazzbar]

You are right there. Another case I was following was the West Memphis Three in Arkansas. The eldest of the three was 18 at the time and he has the DP. The other two, basically have LWOP. That was in 1993. DNA evidence has come in, which does not implicate them but may suggest another person.

Some have said that it could mean many more years, before a retrial is even considered.

Come join us in the west Memphis Three thread... we like 'new' views.
Welcome to Websleuths.

 

[rocking]

I question whether she has a lot of supporters. Seems more like a handful of very vocal supporters



There's no silencing that group; even a new trial wouldn't do it. I think the reason it's taking so long to rule on more DNA testing is that it will set a precedent, one that defense lawyers can cite - for years to come - in order to buy time for their clients. If they grant retesting in Darlie's case, without some very valid reasons for doing so, they'll have to grant it to other death-row inmates.

I'm not saying it won't happen. I'm just saying that it's a difficult and far-reaching decision.

Mary, don't see it has a handful of supporters. With the current moratorium on the DP, I see many years to go, before any significant events occur in this case.

 

[miss_vegemite]

Mary, don't see it has a handful of supporters. I have checked widely in my research, and this is the strongest forum in saying Darlie Routier is guilty.

There are the obvious pro Darlie forums such as Prison Talk, but I have found more Pro than Anti. That doesn't mean that the posters are not the same people, just different user names. I've seen a few familiar names on this board on the 'Pro' forums.

The law has found her guilty. But to me, that doesn't mean following blindly without questioning and researching the facts throughly and coming to my own conclusions. I did initially doubt that this woman could possibly be guilty of such a horrendious crime. It wasn't until I read and then re-read the transcripts and all other materials I could find as fact, that I came to my conclusion she IS guilty.

 

[Jeana (DP)]

Mary, don't see it has a handful of supporters. I have checked widely in my research, and this is the strongest forum in saying Darlie Routier is guilty.

There are the obvious pro Darlie forums such as Prison Talk, but I have found more Pro than Anti. That doesn't mean that the posters are not the same people, just different user names. I've seen a few familiar names on this board on the 'Pro' forums.

With the current moratorium on the DP, I see many years to go, before any significant events occur in this case.

There is no current moratorium on the DP in Texas.

 

[whitywendy]

There is no current moratorium on the DP in Texas.

THANK GOD!!!:innocent:

 

[Desilu]

Come join us in the west Memphis Three thread... we like 'new' views.
Welcome to Websleuths.

Oh where is the thread? That is one case that fascinates me, that I've been reading thru Callahan site for years it seems now.

 

[Jeana (DP)]

Oh where is the thread? That is one case that fascinates me, that I've been reading thru Callahan site for years it seems now.

Here it is:

http://www.websleuths.com/forums/showthread.php?t=51981&highlight=West+Memphis+Three

 

[rocking]

There is no current moratorium on the DP in Texas.

OK, there is not an official moratorium on the DP in Texas, but with all executions being successfully appealed from all states until SCOTUS rules on lethal injection; then as this quote states:

"A sudden halt to executions in Texas, the United States’s most active death penalty state, may signal that there is now an unofficial national moratorium in place across the nation, pending a ruling by the Supreme Court on whether a specific lethal injection cocktail is legal."

http://www.commondreams.org/archive/2007/10/05/4332/

http://www.commondreams.org/archive/wp-content/photos/1005_02.jpg

 

[cami]

How could she be convicted of one and not the other? It's ludicrous. To prosecute for Devon's murder, they would need new evidence. Darin or 'the intruder'.

I agree about the defense. Don't think there was one! Look at the time between the crime and the trial, very unusual for a high profile murder. Also consider the time that was involved in the transfer of the trial to Kerryville. That all happened in a short period of time.

No, they wouldn't. Prosecutors never bring all the evidence to trial.

 

[rocking]

No, they wouldn't. Prosecutors never bring all the evidence to trial.

OK. Now, I have been accused of being hostile etc. which I haven't been. I have posted that I'm looking at the trial and justice process. That's all. I am not questioning Darlie Routier's guilt or innocence.

I sincerely hope that the right person is in jail, and hate the thought that there could be a child killer still at loose.

However, by virtue of your statement, and I have seen your name on many different boards (accepted that it could be someone impersonating you), you have said that "Prosecutors never bring all the evidence to trial".

That is the very issue I am looking at, and it should concern everyone.

What evidence wasn't brought to trial?

 

[Jeana (DP)]

OK, there is not an official moratorium on the DP in Texas, but with all executions being successfully appealed from all states until SCOTUS rules on lethal injection; then as this quote states:

"A sudden halt to executions in Texas, the United States’s most active death penalty state, may signal that there is now an unofficial national moratorium in place across the nation, pending a ruling by the Supreme Court on whether a specific lethal injection cocktail is legal."

http://www.commondreams.org/archive/2007/10/05/4332/

http://www.commondreams.org/archive/wp-content/photos/1005_02.jpg

Simply because there is something on the internet, that doesn't make it true.