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  1. #121
    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.
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  2. #122
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    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.

  3. #123
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    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

  4. #124
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    Quote Originally Posted by trustice View Post
    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...
    How can you be certain of that?

  5. #125
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    Quote Originally Posted by jimben View Post
    JenTx --

    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.
    There is no "new evidence." She's granted tests on the old evidence. Tests that weren't available in 1996. Darlie's appeals were delayed because of the transcript issue. The federal court granted a stay and threw it back to the state court to conduct the dna tests. The new Y-STR typing is now being used.

    They are now in the testing process but as noted it could take years. It won't be resolved any time soon.

  6. #126
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    Quote Originally Posted by trustice View Post
    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...
    If that happened she'd be subject to 1996 rules and she would be eligible for parole.

    If the dna tests go against her, her sentence will stand.

  7. #127
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    Quote Originally Posted by DevilsPlayThing View Post
    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.
    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
    That didn't happen. That's just Routier bs.

    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.

  8. #128
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    Quote Originally Posted by TXN4LIFE View Post
    Cami knows better than I do, but I believe some of the items were tested at the State level and they have to raise the money for the Federal testing....or it could be visa versa. Maybe Cami will help us out on this.

    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.
    Jennifer, she was granted further testing on the sock, a pubic hair, a limb hair and the knife and the fingerprints.

    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.

    http://www.fordarlieroutier.org/Legal/Habeas/081105.pdf

    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.

  9. #129
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    Quote Originally Posted by jimben View Post
    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.
    Darin's latent print is on the back door. Not surprising since he lived in the house. But it's the bloody print on the back door that is in question. According to Darlie's expert, not the state, that print is not hers or anyone at the CS.

    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.

    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.
    ITA, what scares me is artifact dna, like in the Ramsey case, taking the heat off the parents.

    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.

  10. #130
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    Quote Originally Posted by cami View Post
    Darin's latent print is on the back door. Not surprising since he lived in the house. But it's the bloody print on the back door that is in question. According to Darlie's expert, not the state, that print is not hers or anyone at the CS.

    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.

    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.
    Am just wondering how the print has not already been identified as Darlie's. Would this not be pretty cut and dried? TIA


  11. #131
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    Quote Originally Posted by jimben View Post
    JenTx --

    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.
    6 to 10 years? Oh, for God's sake. That is ridiculous. I suppose it is good that the taxpayers don't have to pay for all her tests, but we do have to pay to feed and house her for all this time. The one good thing is that even if they do find some loophole to get her out, it won't necessarily mean she is innocent, and at least she will have spent some of the best years of her life paying for what she did.

    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.

  12. #132
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    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.

  13. #133
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    I really don't think Darlie will ever be executed. I think we'll continue to see others who were convicted after her get queued up ahead of her for years and years to come.

  14. #134
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    Quote Originally Posted by Madeleine74 View Post
    I really don't think Darlie will ever be executed. I think we'll continue to see others who were convicted after her get queued up ahead of her for years and years to come.
    Why do you think that? The brutal murder of her own two babies should certainly put her at the front of the line, IMO.

    I would think that sooner or later the State of Texas will tire of her ridiculous appeals.

    If she were in a lot of other States, I would agree with you, but I am not so sure about Texas.

  15. #135
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    Quote Originally Posted by chlban View Post
    Why do you think that? The brutal murder of her own two babies should certainly put her at the front of the line, IMO.

    I would think that sooner or later the State of Texas will tire of her ridiculous appeals.

    If she were in a lot of other States, I would agree with you, but I am not so sure about Texas.
    I'm not saying what *should* happen, only what I think will (and is) happen(ing).

    Darlie's team is managing to drag things out with various testing and waiting and waiting some more. This puts her case on ice, so to speak, and the TX courts are not going to set an execution date when there are pending legal issues. Her team knows this and so because of that as well as how controversial her conviction/DP sentence is, I believe we won't see her executed anytime soon, if ever. That's IMO.

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