Should Darlie have a new trial?

[wonders]

I thought I heard that Darlie gave him permission to remarry:sick:

OMG...See what I mean? She gave him permission??? Who in their right mind would marry him. Shiiivvveerssss.

 

[sloane7777]

Iive here in texas, just remember there are so many doubts in this case, tommy sells was in the area at the time of the murders, he murders children and he committed a murder of a boy up north, entered the house thru a open window and used the kitchen knife on the boy, the mother was in prison for 10 years before she was released, it was later proved that Tommy sells commited the murder, he has not even been looked at in this case. that poor mother was in prison the whole time, her lawyer discovered this.......I guess im saying it could happen. I dont believe she is guilty, she has requested many tests, on the news in dallas it was reported that she requested a polygraph also????

 

[cami]

Iive here in texas, just remember there are so many doubts in this case, tommy sells was in the area at the time of the murders, he murders children and he committed a murder of a boy up north, entered the house thru a open window and used the kitchen knife on the boy, the mother was in prison for 10 years before she was released, it was later proved that Tommy sells commited the murder, he has not even been looked at in this case. that poor mother was in prison the whole time, her lawyer discovered this.......I guess im saying it could happen. I dont believe she is guilty, she has requested many tests, on the news in dallas it was reported that she requested a polygraph also????

Tommy Sells was in prison at the time of these murders not in the area at all.

You're speaking of Julie Rhea, no TS has not ever been accused nor charged with the murder of Joel. He may have confessed but given he's a psychopath he was probably just basking in the attention he received for a while.

And I don't think she spent 10 years in jail..m ore like four.

 

[kbl8201]

probably about 3, then a year on bail before the retrial if i recall

 

[Satch]

I voted no new trial,

I believe she is guilty beyond a reasonable doubt and I have always had distrust in Darren her husband, who I believe was somehow indirectly involved in covering up for her in some way. The crime scene evidence does not match up with her story of intruders.

Satch

 

[Melanie]

If not a new trial, I do some of the evidence should be re-tested:

•A bloody fingerprint was found on the living room table. Who does it belong to?

•There was a bloody fingerprint on the door of the garage. Who does it belong to?

•Darin Routier's jeans had blood on them. Whose blood is it?

•A pubic hair was found in the Routier living room. Who does it belong to?

•How did the blood on Darlie's nightshirt get there and whose is it?

•Did the police get debris on the knife in the kitchen while investigating the murder or did it come from the screen door?

http://crime.about.com/od/current/a/darlieroutier_3.htm

MOO

Mel

 

[nicola]

When I started this thread I whole heartedly beleived in darlies innocence. Although I havent been here (WS) for a while I have still kept upto date with the case. I am really interested to know what the results are on DNA tests. I hate the slowness of the justice system (but thats another post entirely).
Although I have been in support of darlie for many years in this last year I have started to lean more towards the fact that she may have done this. Like whitywendy (yes I aint forgot about you wendy), i have a hard time beleiving a mother would or could do this to 2 of her children. Stabbing is a very personal crime and I cant see how a mother could do this in these circumstances.
NB I do understand that parents kill their kids often and it is not unheard of for a mother to stab her kids.
Although I cant catergorically state that I beleive shes 100% guilty but the more I read on this case and the more time that passes pushes my opinion that way. IMO there are still unanswered questions that would have to be answered (eg results of DNA tests etc) before I would feel confortable stating that shes without a doubt guilty.
I for one am eagerly awaiting the results of the DNA tests as they will be the basis for my future opinion on this case, (hope they dont come back inconclusive). DNA testing is much better than it was when the crime was committed so hopefully will give us some clear answers.
I strongly beleive that if someone is guilty without a doubt then they should pay for what they have done. However if there is even the smallest doubt about their guilt then death row isnt the place for them - untill their guilt can be proved 100%.
I also beleive that if these DNA tests come back in Darlies favour then she should without a doubt be given a new trial. However if the results are released and they back up the fact she did it then - no new trial will be needed IMO.

 

[Tuffy]

When I started this thread I whole heartedly beleived in darlies innocence. Although I havent been here (WS) for a while I have still kept upto date with the case. I am really interested to know what the results are on DNA tests. I hate the slowness of the justice system (but thats another post entirely).
Although I have been in support of darlie for many years in this last year I have started to lean more towards the fact that she may have done this. Like whitywendy (yes I aint forgot about you wendy), i have a hard time beleiving a mother would or could do this to 2 of her children. Stabbing is a very personal crime and I cant see how a mother could do this in these circumstances.
NB I do understand that parents kill their kids often and it is not unheard of for a mother to stab her kids.
Although I cant catergorically state that I beleive shes 100% guilty but the more I read on this case and the more time that passes pushes my opinion that way. IMO there are still unanswered questions that would have to be answered (eg results of DNA tests etc) before I would feel confortable stating that shes without a doubt guilty.
I for one am eagerly awaiting the results of the DNA tests as they will be the basis for my future opinion on this case, (hope they dont come back inconclusive). DNA testing is much better than it was when the crime was committed so hopefully will give us some clear answers.
I strongly beleive that if someone is guilty without a doubt then they should pay for what they have done. However if there is even the smallest doubt about their guilt then death row isnt the place for them - untill their guilt can be proved 100%.
I also beleive that if these DNA tests come back in Darlies favour then she should without a doubt be given a new trial. However if the results are released and they back up the fact she did it then - no new trial will be needed IMO.

I am a bit confused about the latest DNA tests, and was unable to find the answers. Maybe you know.

Isn't the DNA testing being done by the defense? They should have the results already. How long ago did they have the re-testing done? I thought it was 2008?

My opinion is, I don't think they have found anyone else's DNA. If that's the case, I don't expect there to be any announcement.

 

[nicola]

The defense have had permission to test various evidence. The defence was granted in part motion for discoveryr in May 2008. I cant find out any info about the results yet - I beleive the tests still have not been done. I understand it takes ages for anything to happen in the legal world - but even for them this is taking a long time (IMO).

Anyone else know anything about them eg an estimate of when the results should be back/ when theyre gonna do tests / if the tests have been done etc

 

[cami]

The defense have had permission to test various evidence. The defence was granted in part motion for discoveryr in May 2008. I cant find out any info about the results yet - I beleive the tests still have not been done. I understand it takes ages for anything to happen in the legal world - but even for them this is taking a long time (IMO).

Anyone else know anything about them eg an estimate of when the results should be back/ when theyre gonna do tests / if the tests have been done etc

No answer yet Nic. I have emailed her website asking if any results have come back but they don't answer.

 

[nicola]

No answer yet Nic. I have emailed her website asking if any results have come back but they don't answer.

Thanks Cami. I guess we all just gotta sit back and wait till results come in then.

If any one does know anything about the results please post.

IF the results come back and they support the theory that there was someone else (intruder) in that house. Will that mean that Darlie will automatically get new trial or be released? Does anyone know what the procedure would be following this scenario?

 

[Tuffy]

Thanks Cami. I guess we all just gotta sit back and wait till results come in then.

If any one does know anything about the results please post.

IF the results come back and they support the theory that there was someone else (intruder) in that house. Will that mean that Darlie will automatically get new trial or be released? Does anyone know what the procedure would be following this scenario?

It wouldn't mean a new trial would be automatic, but depending on what new evidence they have, the court may grant a new trial.

http://www.houston-opinions.com/law-motion-for-new-trial-newly-discovered-evidence.html

A party seeking a new trial on the ground of newly discovered evidence must show: (1) new evidence has been discovered since trial; (2) the failure to discover the evidence prior to trial was not because of lack of due diligence; (3) the evidence is not cumulative; and (4) the evidence is so material that it would probably produce a different verdict. Jackson v. Van Winkle, 660 S.W.2d 807, 809 (Tex. 1983), overruled on other grounds by Moritz v. Preiss, 121 S.W.3d 715 (Tex. 2003). Whether a motion for new trial on the ground of newly discovered evidence will be granted or refused is generally a matter addressed to the sound discretion of the trial court.

 

[lmalley77]

The reason Darlie wasn't prosecuted in Devon's murder is so that if she were found not guilty of Damon's, the state could then charge her with Devon's. They were trying to avaoid the possibility that she just might get off with the crime. Of course, double jeopardy protects her from being re-tried in Damon's if she were found not guilty, but it does not protect her from tried in the murder of Devon.
As for Darin, If Darlie did do this horrendous crime, there is no doubt in my mind that Darin assisted in some way, shape or form, even if to cover up for Darlie. I think that all of the evidence should be re-examined, and re-tested by people who have not already done so, get fresh eyes and brains on the case. If they then come to the same conclusion, then so be it. I only say that because there are some inconsistencies with the case....such as the bloody sock found outside and away from the house. Did Darlie really have time to dump the sock and then come back inside and finish everything up?....On the other hand, how ANY mother could possibly sleep through(on a couch right next to them) the brutal attack and murder of her two little boys who were probably screaming for their lives, I don't believe it!.....And she only awoke to her son tapping on her shoulder and talking to her.....would he really be just tapping her on the shoulder after being brutally stabbed?.....
So far, I have gone both ways with this case.....like I said, inconsistencies, as well as damning evidence have made it almost impossible for me to decide. Maybe I just cannot fathom how any mother could do this to her babies...If someone has links to the trial transcripts, please post so that I may read them, as I have been unable to do yet. I have been following this case since I saw a show on TRU TV and I, like many other Americans would like to know the truth......thank you....and God please bless all of the innocent children who die at the hands of crazed lunatic maniacs everyday!

 

[tlcya]

I voted not sure. When this case all went down I followed it in the MSM and had my doubts as to Darlie's guilt. I think the graveside birthday celebration was blown waaaaaaaay out of proportion in the media and the rush to judgment was on. But there are many things that bother me about this case.

Keep in mind, I had no clue such places as websleuths were out here to satisfy my need to know every detail about a case that interests me. So I have not read any darlie coverage here on WS since joining. Perhaps if I had the benefit of all you folks' debate and theorizing I might have a better feel for whether I think Darlie is guilty or not.

But as things stand now, with the limited info and recollection about the case back then, I have never been convinced of her guilt.

 

[cami]

I voted not sure. When this case all went down I followed it in the MSM and had my doubts as to Darlie's guilt. I think the graveside birthday celebration was blown waaaaaaaay out of proportion in the media and the rush to judgment was on. But there are many things that bother me about this case.

Keep in mind, I had no clue such places as websleuths were out here to satisfy my need to know every detail about a case that interests me. So I have not read any darlie coverage here on WS since joining. Perhaps if I had the benefit of all you folks' debate and theorizing I might have a better feel for whether I think Darlie is guilty or not.

But as things stand now, with the limited info and recollection about the case back then, I have never been convinced of her guilt.

No problem, everyone is entitled to their opinion. I too at one time thought Darlie was innocent, albeit I thought her story didn't ring true and that's what attracted me to the case.

 

[Melanie]

I'd like to see a new trial, but only if DNA tests are done first. I've always wondered about Darin and what his involvement was (if any).

Darin Routier has admitted to trying to arrange an insurance scam, which included someone breaking into their home. He has admitted that he had begun the initial steps to arrange a break-in, but that it was to be done when no one was at home. No jury has heard this admission.

When the paramedics arrived at the scene they said that Darin Routier was outside, but Darin was inside trying to save his children. Who was the man outside?

Bloody fingerprints have been found that do not belong to Darlie, Darin, the children or any of the police or other people in the Routier house the night of the murder. This contradicts testimony given during her trial that there were no fingerprints found outside the home.
The advancements in DNA testing could put many of these questions to rest. Why is there such a reluctance to do the testing?

Linky: http://crime.about.com/od/current/a/darlieroutier.htm

So my vote is yes.

MOO

Mel

 

[Crow_Ascending]

Those three questions have been answered so many times. They are still on the pro-Darlie sites because Darlie's supporters will not let go of any of the untruths posted on her websites. But, for those who haven't been on this site very long, I'll give it one more shots.
1. Darin did tell police that he wanted to pull off a robbery that would net him some money by filing a false insurance claim and then having a burglar he hired bring the furniture back and he could keep the insurance payoff. The problem with his statement is - it took him 6 long years to 'remember' this and then he only 'remembered' this at the prodding of Darlie's stepfather. It's a set-up by Darlie's appeal lawyers.
2. When the police arrived Darin was outside according to Darin's neighbor. He was not inside tending to his son as he claimed.
3. Darlie has NOT been ruled out as having deposited the fingerprint on the table. The man Darlie's family hired to examine the fingerprint said the print most likely belongs to a 'small adult or young child.' Everyone else in the house has been ruled out, including the boys. There are not enough points to identify the entire print, but Darlie had enough similarities that she could not be excluded. A partial handprint was found in Darlie's blood on the utility door, but was later matched to Darlie.
Some of the DNA tests that were granted to Darlie's family have not been completed. You will not find much truth on Darlie's site about the evidence.

 

[annkitty0630]

I voted not sure. When this case all went down I followed it in the MSM and had my doubts as to Darlie's guilt. I think the graveside birthday celebration was blown waaaaaaaay out of proportion in the media and the rush to judgment was on. But there are many things that bother me about this case.

Keep in mind, I had no clue such places as websleuths were out here to satisfy my need to know every detail about a case that interests me. So I have not read any darlie coverage here on WS since joining. Perhaps if I had the benefit of all you folks' debate and theorizing I might have a better feel for whether I think Darlie is guilty or not.

But as things stand now, with the limited info and recollection about the case back then, I have never been convinced of her guilt.

I am sure as I breathe you will get every explanation you are hoping for TLCOX and you will get many opinions and more on than that. I have been debating this case for a couple years now and TRUST me there are MANY against Darlie on this site, as well as a couple for. I have sat idly by and finally have formed my own opinion as to her "POSSIBLE" guilt in this case (still not 100% sure) because I just like you can not fathom the fact a mother would sit by and watch her precious beloved children be slaughtered by the hand of their own mother or POSSIBLY their own father. The graveside ceremony has been so blown out of proportion, however, the prosecution "secret" graveside ceremony which was not shown to the juror's also was not all that it is proposed to be!! With all this concluded and my thoughts and beliefs still not sure, I STILL VOTE for a new trial and then let it be done.... I think the 1st trial was a spectacle, joke and much hearsay, character assassination and innuendo... Let's just re-do it and finally see what people of Texas finally have to say with the new (supposed) evidence and let this be done!! JMHO, Ann... :twocents::woohoo::croc::waitasec:

 

[cami]

I am sure as I breathe you will get every explanation you are hoping for TLCOX and you will get many opinions and more on than that. I have been debating this case for a couple years now and TRUST me there are MANY against Darlie on this site, as well as a couple for. I have sat idly by and finally have formed my own opinion as to her "POSSIBLE" guilt in this case (still not 100% sure) because I just like you can not fathom the fact a mother would sit by and watch her precious beloved children be slaughtered by the hand of their own mother or POSSIBLY their own father. The graveside ceremony has been so blown out of proportion, however, the prosecution "secret" graveside ceremony which was not shown to the juror's also was not all that it is proposed to be!! With all this concluded and my thoughts and beliefs still not sure, I STILL VOTE for a new trial and then let it be done.... I think the 1st trial was a spectacle, joke and much hearsay, character assassination and innuendo... Let's just re-do it and finally see what people of Texas finally have to say with the new (supposed) evidence and let this be done!! JMHO, Ann... :twocents::woohoo::croc::waitasec:

Oh Ann, please tell me what the new (supposed) evidence is?

Why character assassination? Darlie had all manner of people testify in the penalty phase that she was a devoted, loving mother--her friends and family. That's what the penalty phase is...testimony on the character of the convicted.

Don't forget there's still Devon's murder to be tried. Should Darlie ever win an appeal, she'll be rearrested on the courthouse steps for Devon's murder.

love ya baby, take care

 

[annkitty0630]

Love ya too my dear!!! I have always waited for the trial of Devon to begin so they "The Great State of Texas" would have this finally locked and loaded for good on the DP!! Anyhow, if you read on another post, I am SOOOO unbelievably impressed by a poster by the name of misspriss26. Such insight as well as awesome points she has brought to this forum.... OKAY I believe I am finally at 100% (even though that little, little piece of me still holds out because that crazy part of my brain does not want to admit/believe a mother could slaughter her own children SICK, SICK, SICK!!!). So this one I finally believe I might have to admit defeat!! OMG, I actually said that!! LOL... Take Care Cami, great hearing from you!! Ann :twocents::waitasec::woohoo: