I'm wondering how many more years Texas is going to keep Darlie on death row. Shouldn't her execution date be coming up soon?
I would think there would be a time limit on how long you have to get the testing done, but no one seems to know.
Bet Darlie wishes she were in Connecticutt!
once the test results are reported, Darlie's lawyer will motion for new hearing which will be denied. The new trial motion will probably have to work its way up to Federal Courts. Six to ten years.
It will likely take 6 to 10 years to resolve the new wave of appeals spawn as a result of the "new evidence" and questions of whether or not it is sufficient to possibly change the original guilty finding. It is not out of the realm of possibility that, if the "new evidence" does raise puzzling questions, the State might offer her a life sentence to dispose of it.
No sure where to ask this but since this thread is active: did they ever resolve the fingerprint issue? I was looking at book reviews on amazon and saw one said to be from darlie's mom. An old comment saying the boys were exhumed and not their fingerprint. I did not recall any info of exhumation.
Wasn't there a major problem with the court reporter at her trial. The court reporter relied on tape recorder or something. Then went home with the trial transcripts and played one tape - and heard silence and figured all tapes were blank. So she had her daughter type up the transcripts from notes or something - I do not remember. Then it was discovered the tapes were not blank afterall. And the court reporter kept them in some storage unit. Finally when recovered and compared to the official trial transcripts that she filed as case record - her transcripts were so far off from the recordings it was unreal. Witness Yes answers were recorded as No in the official court transcripts and I believe testimonies were missing - jumbled etc. I hope I am remembering the correct case.
~Human Beings Are All Members Of One Body.
They Are Created From The Same Essence.
When One Member Is In Pain,
The Others Cannot Rest.
If You Do Not Care About The Pain Of Others,
You Do Not Deserve To Be Called A Human Being.~
A Quote From 13th Century Famous Persian Poet Saadi Shirazi
I just read through the appealate transcripts and once again find that I often speak too soon. Texas law has tough standards with respect to granting new trials. At this point, it may not be enough to show that some unknown "intruder" was likely in the house. They might be required to show that the "intruder" is in fact the attacker.
There are several fingerprints in question. One was identified as belonging to Darien (the husband). The other two have not been identified which does Darlie no good at all.
After a year of rework, the transcripts are repaired. But errors in transcription do not in any way provide proof of Darlie's innocents.
This will all come down to what they find with the additional DNA testing and whether or not it is sufficient to get a US Circuit Court to order the Texas Court of Criminal Appeals to grant a new trail. Texas probably will not give her a new trial without a federal order.
not sure how long she will be on death row. But after they change her sentence in "life without parole", she will not longer be there. When that happends? I dont know...
But she will never be executed. You can be certain of that...
excuse my english
They are now in the testing process but as noted it could take years. It won't be resolved any time soon.
That didn't happen. That's just Routier bs.her transcripts were so far off from the recordings it was unreal. Witness Yes answers were recorded as No in the official court transcripts and I believe testimonies were missing - jumbled etc. I hope I am remembering the correct case
The recorder did not have the transcript ready on time. She lied about the audio tapes and she was disciplined for it. Another recorder, Susan Simmons I think the name is, took the tapes and steno books and corrected the transcript, which contained typos and spelling mistakes, nothing more. The transcript was accepted by court. IOW no appeal was granted on the transcript. NOw the federal courts might have something to say about it but only if she meets Brady.
Anything else, she has to pay for. i.e. Judge Royal did not grant her the nightshirt. If she wants that nightshirt tested by the new tests, she has to pay for it. They need about $200,000 to pay for the tests they want done.
All of these tests are delay tactics. However, we don't want to go executing an innocent woman so no one has a problem with them. I would say to Darlie be careful what you wish for. Jeff MacDonald's dna tests only proved he was the killer and exonerated the two people he insists killed his family.
But as Jim noted, these tests will take years because they are post-conviction tests. Until then she is under a stay.
Anyway here's the link to Judge Royal's decision.
All the specimens are now in the Dept of Public Safety lab in Austin but as to when the testing will take place is anyone's guess.
The two bloody prints in question are unidentifiable because they are partial prints. However, the defence believes and the court agrees there is enough points to run them through AFIS.
ITA, what scares me is artifact dna, like in the Ramsey case, taking the heat off the parents.This will all come down to what they find with the additional DNA testing and whether or not it is sufficient to get a US Circuit Court to order the Texas Court of Criminal Appeals to grant a new trail. Texas probably will not give her a new trial without a federal order.
IMO that print on the back door is Darlie's. She's the only person with bloody hands, her blood leads up to it and away from it and she puts herself in that area. There's no blood dripped from the hand of an intruder leading up to that print or away from it, no blood in the garage, window, outside the house.
The DNA (mitochondrial) testing was supposedly completed in 2010. The fact that we haven't heard about the results probably means it isn't in her favor. Who knows when the rest of the tests will be completed? Good to know she has to suffer on DR until then. Even if things turn out in her favor, she could be in her 50's before all that happens. That is some consolation. Unless the "real" killer is caught or confessess, she aint going anywhere. But if it were up to me, she wouldn't have the privacy and protection of death row, she'd be a baby killer thrown in with the general population. And she probably wouldn't be getting most of the attention she gets today, since a large marjority of it is from those against the death penalty.
Frances Newton was on DR for 19 yrs and amazingly she managed to keep her crime a secret from the other inmates. I wonder if Darlie's "friends" on DR know why she's there.
I predict 5 more yrs, if that.