Routier appeal rejected - woman on Texas Death Row for murdering 2 young sons

Associated Press ^ | May 21, 2003 | Associated Press Staff

[MeekOneGOP]

Routier appeal rejected

05/21/2003

Associated Press

AUSTIN - The state's highest criminal court Wednesday upheld the conviction of Darlie Routier, a homemaker in the Dallas suburb of Rowlett who was arrested two weeks after her sons were killed in 1996.

In a 75-page, unanimous opinion, the Court of Criminal Appeals rejected claims by Routier's attorneys that her conviction should be reversed because the record of her 1997 trial was plagued with inaccuracies and prevented her attorneys from raising important legal questions.

Darlie Routier

Her attorneys also have said her rights were violated because her lead trial attorney had a conflict; he had previously represented Routier's husband.

That conflict kept the attorney from pointing to the husband, Darin Routier, as a possible suspect in the stabbing deaths of Routier's two sons, her attorney has said. Darin Routier has not been charged.

Damon, 5, and Devon, 6, were killed in their home June 6, 1996. An infant son in another room was unharmed.

Devon (left) and Damon Routier

A Kerrville jury convicted Routier for Damon's slaying and sentenced her to death by lethal injection.

She has maintained her innocence and claims an intruder attacked her and the boys, then fled through the garage of the home.

---

Online at: http://www.dallasnews.com/latestnews/stories/052103dntexroutierappeal.3df03602.html

[MeekOneGOP]

What a long process appeals takes. It's been SIX years now since she was convicted.

Previous article posted:

State's highest criminal court hears Darlie
Routier's appeal - Baby killer may get off?

---

Texas Dept. of Criminal Justice

[MEG33]

She did it..and I know about the bruises.

[strela]

I remember Routier holding a "birthday party" at her murdered children's graves right after this happened.

Local media showed video of the "mourners" spraying Silly String at each other and at the headstones.

She desperately needs to get the needle as soon as possible.

[MeekOneGOP]

Re #2 & #3

MEG33: What bruises are you referring to?

Strela: I remember the birthday party with silly string too. WEIRD !!

I used to work with both Darlie and Darin. It's all in the link in my post #1 on the previously posted article.

Here are an interesting site:

Million Dollar Mysteries: Darlie Routier
http://www.fox.com/mdmystery/103/routier.htm

[MeekOneGOP]

ABC News’ Sylvia Chase interviewed Darlie
Routier on Death Row. (ABCNEWS.com)

http://abcnews.go.com/media/OnAir/images/abc_routier2_000918_h.jpg

Darlie Routier maintains her innocence in the deaths of Devon, 6, and
Damon, 5. (ABCNEWS.com)

http://abcnews.go.com/media/OnAir/images/abc_routier_000918_t.jpg

[MeekOneGOP]

http://www.fox.com/mdmystery/103/images/routier_crime_scene_photo_06.jpg

[cgk]

I've read her case at crimelibrary and she's one of the most heartless women killers I've read up on.

(snip...) "Upon entering the chapel, Darlie knelt at their sides and whispered to them (Detective Frosch overheard), "I'm sorry." She then wailed, "Who could have done this to my children?"

(snip...)"I put my hands on Darlie's shoulders and said, 'Darlie, look me in the eye and tell me you didn't kill the boys.' She looked me in the eye and said, 'I'm gonna get new carpet, new drapes, and fix this room all up.' I couldn't believe it."

These two angels are in God's arms now. Where is their justice?

[cgk]

Possibly referring to the bruises on her arms that the defense claimed were signs of self-defense against an attack, and not self-inflicted. One or 2 jury members claim never to have seen them?

Routier

(snip...)"A special televised episode of 20/20, entitled "Her Flesh and Blood," which aired on February 3, 2000, examined and updated the Routier case materials and found, among other things, that the jury may not have been shown photographs of bruises on Darlie's arms (which strongly indicated she fought off an intruder) nor the complete transcript of the court proceedings from which to make a final verdict."

[Mind-numbed Robot]

She had a fair trial and was judged guilty by a jury of her peers. Her basis for appeals are trivial technicalities. Bye, bye, Darlie.

[MeekOneGOP]

Their justice is down the appeals road. I was glad to see them reject this appeal. I was afraid she might get the retrial she's been seeking. She may yet, I don't know.

Based on the forensic evidence alone, she should go down, imho . . .

[cgk]

Was her nightshirt ever tested for blood spray/spatter? I heard they wanted to test it during the appeals, but never caught up on if they did or not.

[montag813]

Seeing the knife and then the photos (Damon was so adorable) is very disturbing.

I dont get the prosecution's assertion that she killed them because they crimped her style...then why not kill the infant too? I assume there was overwhelming forensic evidence.

[MeekOneGOP]

Thanks for that link and post !

In my link at #4, there is another link with pictures of Darlie's wounds that she received on the early morning of the kids murder.

[MeekOneGOP]

I don't know. I didn't know that was an issue.

[MeekOneGOP]

Darlie and the two murdered boys were downstairs watching TV and had fallen asleep. The infant was upstairs in a bedroom at the time the murder was committed.

The forensic evidence was VERY strong against Darlie. She did it, I am convinced. Post #4 has a link to some of the evidence - pictures, etc.

[MeekOneGOP]

Here is a Google Search I did. There is a huge amount on that search, and it looks like really good info, too. Here is the Google Search with 5 pages of links. . . .

Google Search: "Darlie Routier Biography"
http://www.google.com/search?hl=en&q=Darlie+Routier+Biography&btnG=Google+Search

[mabelkitty]

Look at her eye. Seems she got into a jailhouse scuffle.

[MeekOneGOP]

Darlie Routier

Hmm? HER right (left side as we see it) eye looks a little off. Like crosseyed, sorta. I hadn't noticed until you said something.

And below that same eye, on her cheek, I think I can make out a scrape or something. Thanks.

[MEG33]

The bruises on her arms that they said showed self defensive wounds. I thought the evidence against her was overwhelming.In all fairness a calm memorial was held be fore the silly string incident.The silly string turned me off but forensics hung her.

[lorrainer]

Darlie: put some Silly String on it.

[MeekOneGOP]

The silly string turned me off but forensics hung her.

Yep ! Get a rope !

[middie]

Now I don't practice in Texas, neither do I do any criminal law practice here in Florida. But given the abysmal record and reputation of the Texas Court of Criminal Appeals, it should be a given that any decision issuing from that tainted court be received with a healthy dose of skepticism. Any court that is capable of the affirmations of convictions of defendants in the numbers who later have been unequivocally demonstrated to be not guilty both in law and fact is capable of a rote, unthinking and routine affirmation of any case.

Of course none of us have any knowledge of her guilt or lack thereof, but every citizen has sound reason to doubt the credibility of this court of last resort.

[KMG365]

Yep looks like she developed a lazy eye while in prison.

Poor kid had a mullet too.

[MeekOneGOP]

So in plain English, you're not buying/don't believe the decision by this court is correct or justified then ???

[sinkspur]

Any court that is capable of the affirmations of convictions of defendants in the numbers who later have been unequivocally demonstrated to be not guilty both in law and fact is capable of a rote, unthinking and routine affirmation of any case.

Maybe you could back this up with some facts, since you made the assertion.

I'm not aware of vast numbers of innocent people being convicted of capital murder in the State of Texas.

[Vigilantcitizen]

I watched the court tv documentary on this case last night, and to be completely honest, there is doubt in my mind that Routeir is guilty. Here's why:

1. The silly string tape. While the court allowed this to be shown, they did not allow the tape the police took of the 2 hour memorial service that preceded the silly string, taken without the family's knowledge. The DA knew the police footage violated wiretap laws, so the memorial service was not shown to the jurors.

2. There was a bloody print found that the state's technician said did not contain enough "points" for identity. Routier's attorney hired his own technician who has determined the print does not match any of the Routeirs.

3. The state's crime lab technician that did much of the forensic work on this case has since been fired because of an alcohol problem. Routeir's attorney has statements from the technician's co-workers that says he was drunk on the job during the work on the case. Matter of fact, the technician's co-workers had him committed to a substance abuse facility not long after the trial.

4. The trial transcript was full of errors, almost to the point of willfull negligence. The court reporter that did the transcript has since been fired, and refuses to talk with Routeir's attorneys and refused interview with Court TV.

5. The pictures of Routeir's injuries. Pics were shown of the stab wounds in her arm and neck, but the pics of the severe bruising along the undersides of both her arms were not shown to jurors. Two jurors interviewed stated that the bruise pictures would have had bearing on the verdict.

6. The crime scene. Blood soaked evidence was bagged in paper bags instead of plastic by the retired crime scene investigator called out to look at the scene, which can allow cross contamination through seepage.

IMHO, The drunk crime lab tech and court transcript alone are grounds for an appeal. It's one thing to have sloppy work in a DUI trail, quite another in a capitol murder case.

The murder of children brings out strong emotions in all of us, which can hamper judgement. And Routeir's way of presenting herself has done her no favors. But the state's case is shaky at best.

I'm all for the death penalty. Matter of fact, if Routeir was proven guilty without a doubt, I'd push the button. But executing an innocent person is also murder, and we must be vigilant that our courts follow strict procedures in determining guilt in capitol cases.

One last thing that troubles me in this case. Her family, Mother, Mother in Law, Husband all are convinced of her innocence. It's one thing for blood relatives to blindly support someone, but if the MIL had any doubt that Routeir was guilty of murdering those kids, she would be the first to call for Routeir's head.

I can easily see a scenario where Mr. Routeir was involved in selling drugs in order to make the amount of money required to maintain their lifestyle, and somehow pissed off some bad people. The Mexican drug cartel is heavily ingrained in Texas, and as we are now learning here in Georgia, they are very brutal with retribution.

[MeekOneGOP]

Thanks for the info.

I didn't know there was a documentary on last night, so I missed it. But I followed the trial at the time and have seen a few documentaries since the trial. The forensic evidence that I have seen was really strong against her, and I am convinced that she is guilty. I don't recall hearing about the forensic investigators situation until now. Darlie is one strange cookie, but that's really not relevant in determination of her guilt. If she truly is NOT GUILTY, I hope a retrial brings that out. I have my doubts, however.

[Vigilantcitizen]

"Thanks for the info."

You're welcome. And thank you for posting these threads.

"I didn't know there was a documentary on last night, so I missed it. But I followed the trial at the time and have seen a few documentaries since the trial. The forensic evidence that I have seen was really strong against her, and I am convinced that she is guilty. I don't recall hearing about the forensic investigators situation until now. Darlie is one strange cookie, but that's really not relevant in determination of her guilt. If she truly is NOT GUILTY, I hope a retrial brings that out. I have my doubts, however."

I caught the documentary by accident, just flipping channels, and hadn't followed the case that closely until now. I'll admit, her words and actions after the murders are suspect. At first glance, I thought her guilty.

But if the assertions her new attorney has made regarding how the evidence was handled and processed are true, she deserves a new trial.

[whereasandsoforth]

I agree with you. I have always had doubts about this conviction. I don't understand why a new trial is so out-of-the-question in the eyes of the appeals court. I would like to think they would be all for it. If there is any shade of doubt (and there certainly is) about her guilt, a new trial is not too much for the state to bare. Something is screwy when its about this case. Someone doesn't want more evidence to be considered. Darlie's sentence should be, at least, commuted to a life sentence until all points are put to rest.

[whereasandsoforth]

...and by the way, I am certainly no "bleeding heart". I'm known for my "hang 'em high and long" attitude. I wept for those boys, just like I did in the Susan Smith case.

[Vigilantcitizen]

"...and by the way, I am certainly no "bleeding heart". I'm known for my "hang 'em high and long" attitude."

Me too. I very much meant what I said in my earlier post that if she is guilty beyond a shadow of a doubt, I would be more than happy to inject the drugs in her vein myself.

[GinaD]

i now remember(as i watched a segment on court tv) my sister telling me in horror ,several years ago of a woman whom she believed was wrongfully convicted,of the bruttal murder of her two sons.i strongly believe in the death penaty,or at least i did up intell this story.so many details which are far from minute have been serverly if not purpously overlooked ,ileagel wiretapping where it was made impossible to crossexamine the dectives who then took the fith on stand,contamanated crime scean where blood was tracked throgh out the home,state expert crime invesagator suffering from depression an alchol abuse,and even the quote"typos"and missing pages of from the court transcripts,i could go on an on an on the reasons why this case should an must be reveiwed,but i wont. the reson behind my madness of even writting this,which i have never done befor, is the fact of the fingerprints at the crime scean which was reported to have belonged to one of the family members (,when the boys fingerprints wernt even taken or put on file by either the police or the corner.). the boys bodies haveing to be exumed to optoin them,,how many other supposed family fingerprints an other evadince have been completly swept under the carpet??i am ashamed of our judistial system,an apualed by the way the texas police handeled this whole investagtion,i who have friends in texas will slap my hands hard if they ever go to purpuse a ticket to step foot on texas soil,my final question is why the big coverup?in my minds eye, i see a woman being railroaded for a crime she did not commite,an ild like to know why an even more so would like to know for who.if i have been misinformed or make a statement that is totaly false i will apoligise for my ignorance. intell then i pray justice will prevail an you will soon go home Darlie where you belong,

[sinkspur]

Darlie Routier is guilty. Period. Rowlett police were thorough, and this case has now been reviewed by TWO appeals' courts. Both upheld the conviction.

Her strange husband Darren, IMO, is also involved in this, somehow.

They were deep in debt, and had recently purchased life insurance on the two boys. The motive was crystal clear to the jury.

Darlie's going to get the needle, Gina. And it's likely to be in a couple of years.

Count on it.

[SerpentDove]

I bump this old article with a question:

Isn't Darlie supposed to get the needle this year? Have you guys heard anything?

[sinkspur]

I don't believe this is the year. But, I don't really know.

[Ready4Freddy]

Thoroughly incompetent, it appears. The work at the crime scene was a travesty, and it's not often that you get to see 2 police officers invoking the 5th on the stand...

A Dallas District Court Judge has recently made a series of rulings in Routier's favor, ordering the prosecution to turn over evidence that should have been tested 10 years ago.

A series of bloody fingerprints, and the bloody sock, are finally being tested, as well as some 30 pieces of DNA evidence that the prosecution withheld.

Routier has been offered life (if she elocutes) twice within the last 2 years. The DA's office appears to be running scared, w/ the Judge making comments indicating that he suspects possible prosecutorial misconduct.

Rowlett police were thorough...

[sinkspur]

Routier has been offered life (if she elocutes) twice within the last 2 years. The DA's office appears to be running scared, w/ the Judge making comments indicating that he suspects possible prosecutorial misconduct.

I follow this case pretty closely, and this is the first I've read about any of this.

The fact is, all the circumstantial evidence is against Routier. The bloody sock was planted. It makes no sense that someone would have killed those two boys, and not checked the rest of the house to make sure there was no one else to kill.

Routier's "injuries" were self-inflicted, and the knife was placed back in its knife holder.

Sorry. Routier's guilty, and should be executed. She likely won't be, but she will certainly never see freedom again.

[Ready4Freddy]

Routier has been in Dallas for hearings (ordered by Appeals Court) for ~6 months now, as she was last year. The hearings are open to the public, of course. The DC has had a serious change of heart regarding the prosecution's treatment of evidence, and has ruled in Routier's favor in every situation thus far. Preliminary test results given to the Court have raised some serious questions, and he keeps ordering the prosecution to turn over more & more evidence (including evidence that the prosecution has been claiming for 6 years was destroyed - it miraculously appeared recently). The next few months will be interesting.

I follow this case pretty closely, and this is the first I've read about any of this.

All (perhaps) of the evidence turned over by the prosecution. There's quite a lot of evidence that wasn't tested or even able to be considered at trial because the prosecution withheld it. Given that, it's not too surprising that 'all' the evidence was against her....

The fact is, all the circumstantial evidence is against Routier....

[sinkspur]

Where are you getting this. I searched the Dallas Morning News archives, and can find none of it.

Unless you provide a source, there is no reason to believe you.

[Ready4Freddy]

The DMN hasn't been covering the case at all lately, other than some Metro section articles / columns concerning the 10th anniversary of the boys' murders. As I said, the hearings are open to the public. You can call the Dallas DA Criminal Division for info on the next hearing.

Where are you getting this. I searched the Dallas Morning News archives, and can find none of it.

[sinkspur]

I'm not calling anybody.

I suspect you're making all this up. James Ragland did do two articles on the 10th anniversary. He was full-time on the case ten years ago.

He, of all people, would be on anything that might change the case.

That he isn't tells me you're inventing out of thin air.

[Ready4Freddy]

Suit yourself. If you like, I'll msg you when the next hearing is set.

Ragland did do the 2 columns, the 2nd of which was based on a phone interview w/ Routier's mother, and there was the 1 article by the Metro section Rowlett homer whose name escapes me atm...

I'm not calling anybody.

[dfwgator]

Her strange husband Darren, IMO, is also involved in this, somehow.

I remember this case, and I agree with you 100% on that.

[stopem]

http://www.fox.com/mdmystery/103/routier.htm
Link doesn't work.

What is Darlie's husband doing these days? ReMarried yet?

[stopem]

"Her family, Mother, Mother in Law, Husband all are convinced of her innocence"

Darlie appeared to be narcisstic.Her mother and her husband were enablers. They both are a piece of work from what I saw of them. I still don't understand how the father of the children can defend their murderer.

[Ready4Freddy]

Living in West Texas w/ Drake. The Routiers are still married.

What is Darlie's husband doing these days? ReMarried yet?

[baird2100]

well I hope so if they could afford it with that booming cpu chip business, and recent yeah they were kids, only on earth for several years so that qualifies as recent.