Darlie Routier asks for DNA testing

[cami]

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

page 17 item #4 petition to test the nightshirt is DENIED by the state. Why? because the state can do whatever it wants, until the federal government steps in. Then it's a whole new ballgame. TD for Darlie after that. So, exactly what part of the procedure is not decided by the STATE? (The state and the prosecutor are on the same side).

NOt true, the federal judge Royal Ferguson also denied her the nightshirt to be retested. He said it was nothing more than a fishing expedition. It's only the law change in 2011 that granted her the rights to test the nightshirt.

 

[cami]

I must have missed something! So the blood on Darlies nightshirt was only her blood and not the boys????? Is that correct? If so how in the world did that get messed up?

Of course there is Jennifer. Read the original 1996 DNA results on the shirt.

http://darlielynnroutier.com/sample-page/1996-dna-report-gene-screen/

 

[cami]

If she had stabbed the boys she would have had blood on her nightshirt from them. She does not. Ther is no evidence that she stabbed either Damon or Devon. Only the testimony of liars like Cron and bevel who can be bought. Cron convicted before he even looked at the evidence. Sure, he looked at all the things that were visually available to him, but not the scientific evidence he couldn't see. He just ignored them as did the state. There is no way she could stab the boys and not getlood on her nightshirt. And, there is unknown DNA in the bloody fingerprint that Darlie has been excluded as the contributor.

The total police effort to gather evidence was a complete failure in this case. And, the prosecutions theory of what happened and why is not only totally ridiculous to a federal judge, bu tto anyone who knows anything about the science of genetics. Mulder should have been canned and she should have had a scientist defens her. Most lawyers do not understand the sciences very well. Oh, they know the law, but what little they know about DNA can surely get one convicted.

Sorry, but from what has been found so far as far as the DNA testing, there is a 99% chance darlie will be exonerated. You cannot stab someone in the chest and not get blood on you. Blood will gush! you see the largest vessels are in the chest, and when they are severed blood gushes. It is not like you cut a finger.

And Dr. DiMaio? He wasn't paid by the defence to give his expert testimony? His claim cast-off blood could have come from the paramedics changing gloves. Doesn't hold much weight with anyone however since we know paramedics don't just snap their gloves off letting blood fly willy nilly.

It's ironic how supporters can constantly claim Cron and Bevel are lying but they offer no such proof of these lies, in fact they completely distort what Cron said. He never ever claimed he believed Darlie was guilty within 20 minutes of his arrival at the CS.

Darlie has not been excluded as the bearer of the bloody print on the sofa back table. Not by the court anyway only by Bob Lohnes. The court findings matter not her defence. What has been excluded is a male intruder. No male DNA found in the bloody partial print left on the sofa back table her side has claimed for all these many years now it is not her print and it belongs to a male intruder. No male DNA means no male intruder left that partial bloody print on the sofa back table. Nineteen years and to date not one iota of evidence points to anyone but Darlie Routier.

Sorry, but from what has been found so far as far as the DNA testing, there is a 99% chance darlie will be exonerated. You cannot stab someone in the chest and not get blood on you. Blood will gush! you see the largest vessels are in the chest, and when they are severed blood gushes. It is not like you cut a finger

Darlie won't be exonerated Luch, nor will she be given an Alford Plea. She must prove there was a male intruder in her home and that he stabbed Devon and Damon to death. The trial is long over and she is in her appeals. She needs actual proof of innocence, not reasonable doubt, for her to ever get a new trial and, to date, she has none.

If she had stabbed the boys she would have had blood on her nightshirt from them. She does not

And she does as the trial transcripts clearly show, as the crime scene photos show. The defence spent a lot of time on Cross examination of Bevel. You might want to refresh your memory and read it again. As Zzzz mentioned, the jury was quite aware of the boys blood on the shoulders of her nightshirt. The testimony from the experts who were there and who saw the boys and the coroners who autopsied them

 

[lucchesicourt]

Yes, read it on the shirt. I did say there were samples that there was not enough to determine who the blood belonged to. However, these samples of the shirt are pretty much identical. All the blood on the NIGHTSHIRT is Darlies with a Possibility of some being from Damon and Devon. It does not say it IS Devon's and Damon's blood. now, the current testing says it EXcludes, Darin, Devon and Damon as a possible contributor from almost every blood sample tested similarly to the test done in 1996. Now, if she had stabbed these boys you would have found a lot of blood on the nightshirt from Devon and Damon. You would not be able to miss it or say there was not enough to determine whether it has Devon's or Damon's blood in the sample.

Also, Judge Fergusin works for Texas. The federal judge called the prosecutions case against Darlie the most convoluted theory ever presented before this court. Even the federal judge knows the prosecutions case is full of holes and errors.

 

[lucchesicourt]

You mean this Judge Ferguson: Texas Federal Judge W. Royal Furgeson, Jr. charged with Corruption. Yeah, I thought so.

 

[LonghornSpeakEasy]

You mean this Judge Ferguson: Texas Federal Judge W. Royal Furgeson, Jr. charged with Corruption. Yeah, I thought so.

I have no skin in this game..I just recognized Judge Ferguson's name as I used to live in the Midland-Odessa area. As he was highly regarded when I was there, I was surprised at your statement, especially without a link. The only one I could find that stated he was charged was a very one-sided article by a very biased party that I believe can't be posted as it would be against TOS.

This article from a reputable site is a more balanced presentation of the difficulties the Judge experienced in the case I believe you are alluding to:

http://www.law360.com/articles/563517/high-court-asked-to-clarify-judges-power-of-receivership

The appellate court did reverse his order but didn't charge him with corruption:

http://www.ca5.uscourts.gov/opinions%5Cpub%5C10/10-11202-CV0.wpd.pdf

ETA: just noticed you can't see the first article if you use the link in this post. If you google " judge royal ferguson corruption charges" you should be able to find and read it.

 

[lucchesicourt]

I have no skin in this game..I just recognized Judge Ferguson's name as I used to live in the Midland-Odessa area. As he was highly regarded when I was there, I was surprised at your statement, especially without a link. The only one I could find that stated he was charged was a very one-sided article by a very biased party that I believe can't be posted as it would be against TOS.

This article from a reputable site is a more balanced presentation of the difficulties the Judge experienced in the case I believe you are alluding to:

http://www.law360.com/articles/563517/high-court-asked-to-clarify-judges-power-of-receivership

The appellate court did reverse his order but didn't charge him with corruption:

http://www.ca5.uscourts.gov/opinions\pub\10/10-11202-CV0.wpd.pdf

ETA: just noticed you can't see the first article if you use the link in this post. If you google " judge royal ferguson corruption charges" you should be able to find and read it.

Here's the link: http://www.lawlessamerica.com/index...orruption-in-looting-over-4-million&Itemid=90

 

[LonghornSpeakEasy]

Here's the link: http://www.lawlessamerica.com/index...orruption-in-looting-over-4-million&Itemid=90

That is the one-sided article I was talking about in my response. It glosses over Baron's wrongdoings that are detailed in the appellate decision linked above. I can find NO EVIDENCE that Judge Ferguson was criminally charged for any reason other than the title of the article. I don't believe the article even addresses ACTUAL criminal charges. The judge decision was reversed, in whole or in part, by the appellate court but it was not due to corruption.

Once again I have no "skin in this game," I.e., the Routier case, but hated to see Judge Ferguson's name dragged through the mud in error (at least in the stated case.)

 

[blefuscu]

If none of the blood was from the boys Darlie's team would be screaming a riot about a new trial. I've not heard them confirm that this is the case

 

[Val830]

Yes, read it on the shirt. I did say there were samples that there was not enough to determine who the blood belonged to. However, these samples of the shirt are pretty much identical. All the blood on the NIGHTSHIRT is Darlies with a Possibility of some being from Damon and Devon. It does not say it IS Devon's and Damon's blood. now, the current testing says it EXcludes, Darin, Devon and Damon as a possible contributor from almost every blood sample tested similarly to the test done in 1996. Now, if she had stabbed these boys you would have found a lot of blood on the nightshirt from Devon and Damon. You would not be able to miss it or say there was not enough to determine whether it has Devon's or Damon's blood in the sample.

Also, Judge Fergusin works for Texas. The federal judge called the prosecutions case against Darlie the most convoluted theory ever presented before this court. Even the federal judge knows the prosecutions case is full of holes and errors.

No. I am sorry but you are wrong. They did not re-test the entire t-shirt. The newest test results were from 8 different cuttings from the night-shirt. They did not re-test the cast-off blood on her back or her front near her shoulders. The cuttings are from stains from lower back hem of shirt (not the cast-off location), back of shirt near impression with possible blood (obviously not the cast-off), lower back of shirt with possible blood (same), swabs and cuttings from lower back (not cast-off area), cutting of stain from upper sleeve with possible blood (not the right area of the shirt and certainly not cast-off), two more cuttings from lower back of shirt, lower back of shirt.

None of the samples re-tested in the last round were of the cast-off blood.

That blood was already determined to come from Devon and Damon. There is no reason to re-test it and it hasn't been ordered. It's their blood and that is fact.

 

[lucchesicourt]

No. I am sorry but you are wrong. They did not re-test the entire t-shirt. The newest test results were from 8 different cuttings from the night-shirt. They did not re-test the cast-off blood on her back or her front near her shoulders. The cuttings are from stains from lower back hem of shirt (not the cast-off location), back of shirt near impression with possible blood (obviously not the cast-off), lower back of shirt with possible blood (same), swabs and cuttings from lower back (not cast-off area), cutting of stain from upper sleeve with possible blood (not the right area of the shirt and certainly not cast-off), two more cuttings from lower back of shirt, lower back of shirt.

None of the samples re-tested in the last round were of the cast-off blood.




That blood was already determined to come from Devon and Damon. There is no reason to re-test it and it hasn't been ordered. It's their blood and that is fact.

I did not say they retested the entire shirt. I said all samples tested that they could identify the blood, none was of anyone, but Darlie. If she had stabbed the boys her shirt would have been loaded with their DNA. And, exactly what cast off blood are you talking about. Bevel lied here. According to the original test of the NIGHTSHIRT there was no confirmation of any of Devon's or Damon's blood on the nightshirt. Only possible samples were identified. and, how did they identify this blood. Did they do a complete DNA analysis (I think not otherwise it would not be possible). So, I can only assume that they tested for a Y-chromosome. And, if the attacker was male it could have been the intruder's blood. There is NO proof by the prosecution that Devon's or Damon's blood is on the nightshirt.

The only way you can call anything castoff blood is if you can prove it is Devon's or Damon's blood. If you cannot, you cannot call it cast off blood.

And, there is so little of Damon's and Devon's blood on the nightshirt, it could possible be their blood, but it could be coming off the knife used by the attacker.

 

[lucchesicourt]

No, there were over 30 different sites tested on the nightshirt, and none could identify Devon's. Damon's, or Darin's.

Where in the world did you get eight?

 

[lucchesicourt]

http://darlielynnroutier.com/wp-con...-DNA-Motions-and-Results-of-first-testing.pdf

check link above

 

[Val830]

You need to read the latest DNA status report from just this past June.

 

[Val830]

http://darlielynnroutier.com/wp-con...-DNA-Motions-and-Results-of-first-testing.pdf

check link above

You linked a DNA status report from 2013.

More testing has occurred since then. I know of at least 2 other DNA status reports after the one you linked.

What I typed yesterday about those 8 cuttings/samples from the nightshirt were only recently tested and the results made public (temporarily) this past June. There were 8 cuttings from the shirt and they were taken from different areas on the shirt than where the cast-off blood is located.

I am sorry but you are misunderstanding the results of the testing if you believe that the newest testing shows that the cast-off didn't come from Devon and Damon.

 

[Val830]

And, there is so little of Damon's and Devon's blood on the nightshirt, it could possible be their blood, but it could be coming off the knife used by the attacker.

Why is there so little of Devon's and Damon's blood on Darlie's nightshirt if she attempted to help them? No leaning over them, hugging them, cradling them? All that would transfer their blood on to her shirt, but as you pointed out there is very little.

There IS cast-off blood of course.

The boys had seeping wounds, not spurting wounds. The small amount of their blood on her shirt actually backs up the prosecution's theory that she did little to nothing for those boys as they lay dying.

 

[cami]

Yes, read it on the shirt. I did say there were samples that there was not enough to determine who the blood belonged to. However, these samples of the shirt are pretty much identical. All the blood on the NIGHTSHIRT is Darlies with a Possibility of some being from Damon and Devon. It does not say it IS Devon's and Damon's blood. now, the current testing says it EXcludes, Darin, Devon and Damon as a possible contributor from almost every blood sample tested similarly to the test done in 1996. Now, if she had stabbed these boys you would have found a lot of blood on the nightshirt from Devon and Damon. You would not be able to miss it or say there was not enough to determine whether it has Devon's or Damon's blood in the sample.

Also, Judge Fergusin works for Texas. The federal judge called the prosecutions case against Darlie the most convoluted theory ever presented before this court. Even the federal judge knows the prosecutions case is full of holes and errors.

You're misinterpreting the results Luch. the major component of the stains exclude the male Routiers but the minor component does not. The latest DNA tests from June 2015 confirm the male Routiers cannot be excluded from the minor component. The boys had seepage wounds, not spurting or bubbling wounds and as Val noted.

Frankly, and I believe I've told you this before, who cares what the federal judge called the prosecution's case? He more than anyone knows the prosecution has no burden to furnish or prove a motive and I am appalled that a judge of the court would make such a statement. If he believed the case was full of errors and holes why didn't he grant her a new trial? I think you should read those documents again. Why didn't Judge Ferguson grant her the nightshirt for testing instead of calling it a fishing expedition if he's so sure the state's case was full of holes and errors. A grandstanding statement by a judge means little to nothing.

 

[lucchesicourt]

You're misinterpreting the results Luch. the major component of the stains exclude the male Routiers but the minor component does not. The latest DNA tests from June 2015 confirm the male Routiers cannot be excluded from the minor component. The boys had seepage wounds, not spurting or bubbling wounds and as Val noted.

Frankly, and I believe I've told you this before, who cares what the federal judge called the prosecution's case? He more than anyone knows the prosecution has no burden to furnish or prove a motive and I am appalled that a judge of the court would make such a statement. If he believed the case was full of errors and holes why didn't he grant her a new trial? I think you should read those documents again. Why didn't Judge Ferguson grant her the nightshirt for testing instead of calling it a fishing expedition if he's so sure the state's case was full of holes and errors. A grandstanding statement by a judge means little to nothing.

The judge did say that. The judge cannot order a new trial, He3 said he can only rule on whether or not her rights were violated.

There is no blood on the nightshirt that has been PROVEN to be Darin's, Damon's, or Devon's. You keep believing Bevel's as an expert witness, and he has been PROVEN to be wrong in several cases.

You said there were 8 samples. I said there were over 30 samples. Just because there were later samples (please supply the link), why do you ignore the other 30+. I know, because it is not what you want to hear. You have her convicted, and even if she can be proven to be 100% innocent you will still seek to an execution for her. Why? You will never admit you could be wrong. All I know, is you cannot avoid getting blood on yourself when you stab someone with a knife.
All you are saying is that you cannot exclude Devon and Damon having left castoff blood. But, you cannot prove it is their blood.

Bevel will lie for a buck. And, that is exactly what he did. In court they said the screen material was found on the knife. After she was convicted it is now fingerprint dust and bot screen material.

You just will never accept that the prosecutions case may be totally wrong and rehearsed.

Me, I know the science of DNA (majored in genetics in college), and I know if you stab someone you cannot avoid getting blood from the knife to grip on yourself when you have deep stab wounds.

Please provide some evidence that says the blood on Darlie's nightshirt IS Devon's and/or Damon's. Oh wait, I know she took time to clean her nightshirt with bleach, placed it in the washer then placed it in the drier and then put in on and cut herself. This sounds a little like the prosecutions case against her.

Please give me one solid piece of evidence. and not an opinion of a paid witness that is enough to convict her.

According to darlie, she was getting wet towels for her husband. Not the right thing to do, but it is obvious she had no emergency aid knowledge.

 

[lucchesicourt]

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

Bottom of page 16, and you can read what the judge said about the prosecutions case.

 

[blefuscu]

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

Bottom of page 16, and you can read what the judge said about the prosecutions case.

Sorry but you are posting old information rather than the new DNA testing. Showing results from 2008 and 2013 doesn't show anything from the new DNA Testing. If you are so sure that Darlie didn't do it then who did and how? How did they escape from the house? Why were Devon and Damon stabbed but the adult who saw the "killer" got away with superficial wounds and could have left hospital long before she did? Where is the evidence that an intruder was in the house? Why would he run through the whole house, and climb out of a garage window, dropping the weapon, when he could have left through the front door? Why did the dog not bark at an intruder? Why would someone break in and murder two children, yet not take anything of monetary value from the house? Why did the intruder "break in through the screen window" using one knife and then kill the children with another knife from the house? Why did Darlie stand bleeding over the sink? Why was blood under broken glass and the vaccum cleaner? Why didn't Darlie try to save her sons? There is absolutely zero evidence of an intruder. I can understand wanting to believe a mother couldn't stab her sons so hard that the knife went straight through the child, but the evidence points to her.