I voted yes, ONLY because the jury didn't see all of the evidence AND she is on death row. If not for the death row, maybe I would have said no. I am not sure she will be executed, but the truth of the matter is that the jury didn't see everything. They didn't see the somber prayer service before the silly string at the graveside, they didn't see the defense wounds and bruises. I don't know if she did it or not, but let the jury decide with ALL of the evidence.
12 Q. Okay. Now, let me go to these other
13 photographs for a moment. State's Exhibits 52-E, D, C,
14 B, A, and I. Do these appear to be photographs of Darlie
15 Routier?
16 A. Yes.
17 Q. Okay. And is there a date present
18 here in the bottom right-hand corner of these
19 photographs?
20 A. It says 6-10-96.
21 Q. Okay. So, we can assume, at least if
22 that's correct, they were taken on the 10th day of June,
23 1996?
24 A. Correct.
25 Q. Okay. Now, let's look at 52-A. Do
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1 you see a wound here to the right arm, or evidence of an
2 injury to the right arm?
3 A. There's a large amount of bruising to
4 the right arm, but I don't see any -- actually by
5 laceration, there's none. But there is evidence of
6 bruising to the arm.
7 Q. Okay. And that's a pretty large
8 bruise, isn't it?
9 A. Yes.
10 Q. Where does it extend from?
11 A. It appears to go from her wrist to
12 right below where her hand is, past her elbow, up toward,
13 almost into her armpit.
14 Q. Okay. And then 52-E, that's an even
15 more close-up photograph of that bruise?
16 A. Yes, correct.
17 Q. If you could take these two
18 photographs and go along the jury rail so all the jurors
19 can see.
20 A. Okay.
21 Q. Now, Dr. Santos, tell the jurors what
22 caused this type of bruising.
23 A. Some type of trauma. Some kind of
24 blunt trauma, being hit, a car wreck, anything like that.
25 Some kind of a force to the arm.
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1 Q. What is blunt trauma?
2 A. Blunt trauma, as opposed to none
3 penetrating. Penetrating is usually stab wound or
4 gunshot wound. Blunt trauma is -- again, in a car wreck,
5 falling and hitting your arm, being hit with a baseball
6 bat or something like that.
7 Q. Being struck by an object very hard?
8 A. Correct.
9 Q. Doesn't break the skin?
10 A. Does not penetrate.
11 Q. But causes these deep bruises?
12 A. Yes.
13 Q. Okay. Is this pretty severe blunt
14 trauma that we're looking at?
15 A. Yes, it is.
16 Q. Now, by looking at these photographs,
17 can you tell anything about the age of this bruise?
18 A. Just by looking at this photograph, I
19 would say that that injury is about 24 to 48 hours old.
20 Q. 24 to 48 hours old?
21 A. Correct.
22 Q. And what do you see there in the
23 photograph that let's you have that opinion?
24 A. On this photograph there is some deep
25 bruising to this part of the arm over here. But up
Sandra M. Halsey, CSR, Official Court Reporter
767
1 towards -- the upper part of her arm, the arm proper
2 close to the armpit, there's more of a redness over here.
3 That tells you that this is not a very old wound. Wounds
4 like this tend to get very dark, and after about three or
5 four days starts turning green when that blood starts to
6 get absorbed. But this redness up here tells me that it
7 was probably a 24 to 48 hour old wound.
8 Q. When it's photographed here?
9 A. Yes, at that time.
10 Q. And the date is 6-10-96?
11 A. Correct.
12 Q. Now, you had Ms. Routier from about
13 3:30 in the morning on June 6th, 1996 to you say around
14 noon or so on June 8th; is that right?
15 A. Correct.
16 Q. Okay. Now, y'all checked pretty
17 carefully about other injuries; is that right?
18 A. Yes, we did.
19 Q. And in ICU, are there enough nurses in
20 attendance at all times?
21 A. Yes.
22 Q. Okay. It's not like being in a room
23 when you're in the hospital and the nurse just checks on
24 you once in a while; is that right?
25 A. Correct.
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1 Q. They're right there all the time?
2 A. Yes.
3 Q. Okay. And you examined Mrs. Routier
4 several times on her stay there?
5 A. Yes.
6 Q. Examined the wounds that you sewed up?
7 A. Yes.
8 Q. Okay. And before she was released, do
9 you examine those wounds?
10 A. Yes. Routinely we'll look at the
11 wounds just to make sure they're healing okay.
12 Q. Did you see at any time while she was
13 in the hospital any injury that would cause this type of
14 bruising?
15 A. No, I did not see any evidence of
16 that.
17 Q. Okay. Is this something that you
18 would have been if it had occurred on June 6th, let's say
19 at 2:30 in the morning, 1996?
20 A. Yes. I believe we would have seen
21 some evidence of that before she left the hospital.
22 Q. Okay. A person, when they get blunt
23 trauma, they don't bruise -- a huge bruise doesn't just
http://www.routiertranscripts.com/transcripts/volumes/vol-30.php#3
20 BY MR. TOBY L. SHOOK:
21 Q. Okay. Again, can you -- 52-M, is that
22 a photograph of bruising there to the left arm?
23 A. Yes. It shows some bruising to the
24 left arm around the wrist area extending down toward her
25 elbow.
Sandra M. Halsey, CSR, Official Court Reporter
775
1 Q. Again, Doctor, if you could start
2 maybe down at this end. You can come on down.
3 A. Okay.
4
5
(Whereupon, the witness
6 stepped down from the
7 witness stand, and
8 approached the jury rail
9 and the proceedings were
10 resumed as follows
11
12
13 (Whereupon, the following
14 mentioned item was
15 marked for
16 identification only
17 as State's Exhibit 52-N,
18 after which time the
19 proceedings were
20 resumed on the record
21 in open court, as
22 follows
It appears to me that the jury did see the photos of the bruising according to this testimony.
9 MR. GREG DAVIS: Yes, sir. At this
10 time, the State would indicate that we believe this
11 testimony is not relevant, it's improper impeachment.
12 And, again, I'm talking about the subject of the mike on
13 the grave site. And we would ask that the Court instruct
14 Mr. Mulder not to go into these matters any further in
15 front of this jury, because again, we feel the
16 prejudicial effect here, of having to inform the jury
17 that these officers have taken the Fifth Amendment.
18 Again, we believe that the matters are
19 irrelevant and that they are improper impeachment.
20 THE COURT: The State is not going to
21 use anything that came out of that?
22 MR. GREG DAVIS: That is correct. We
23 are not going to go into that matter. We're not going to
24 offer any of those recordings, video or otherwise, so we
25 did not intend to talk about that matter in front of this
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1 jury.
2 THE COURT: Was there any exculpatory
3 material in that?
4 MR. GREG DAVIS: No, sir, but in all,
5 in caution, I did turn over those matters to the defense.
6 THE COURT: So the defense has those
7 tapes? You gentlemen have those tapes?
8 MR. DOUGLAS MULDER: Judge, they are
9 the ones that first went into this matter. We didn't go
10 into anything at the grave site. They did.
11 THE COURT: All I want to know right
12 now, Mr. Mulder, is: Do you have those tapes?
13 MR. DOUGLAS MULDER: Well, I have some
14 tapes. I don't know whether I have those.
15 THE COURT: Did you listen to them?
16 MR. DOUGLAS MULDER: Yes, sir.
17 THE COURT: When were they given to
18 the defense?
19 MR. DOUGLAS MULDER: Well, we didn't
20 get into the case until --
21 MR. GREG DAVIS: Probably sometime in
22 November, I believe.
http://www.routiertranscripts.com/transcripts/volumes/vol-43.php#1
Mulder had the opportunity to show the surveillance tape of the prayer service to the jury but he chose not to. I wonder why? It can only mean they had nothing to impeach the SS tape with......no greiving, sobbing, prostrate on the ground Darlie. Do you think Darlie's lawyers or family would not have had that prayer tape shown all over the news, etc, if it existed?
The graveside party tape was filmed by Channel 5 News crew, they were asked not to film the prayer service out of respect for the family. Big mistake on Darlie's part.