Please point out this overwhelming evidence as you see it, but please take the time to consider these facts:
FACT: The judge, in this case, had Alzheimers.
This is clearly evidenced by the obituary of this judge at the time of his death as well as his mention of it during the course of the trial itself. When you take that into consideration and some of his rulings, one in particular in front of the jury, which should never occur this point is quite telling.
FACT: The forensic "expert" Charles Linch questioned his abilities in areas that he testified on.
Two years after providing the scientific evidence that helped send accused child killer Darlie Routier to death row, a Dallas forensic expert questioned his abilities in areas in which he testified. A series of memos attached to a job grievance filed against the Southwestern Institute of Forensic Sciences shows that Charles Linch questioned his qualifications in hair and fiber analysis and blood-spatter interpretation - all areas in which he testified against Ms. Routier, who was accused of fatally stabbing sons Devon and Damon in 1996.
FACT: Psychiatric issues and alcoholism plagued Charles Linch
Mr. Linch's psychiatric treatment in 1994 for drinking and depression, raise significant questions about the credibility of his findings. Those questions could become pivotal should Ms. Routier win the new trial she is seeking and could affect several other high-profile cases in which the forensic expert has testified. Mr. Linch provided the single most critical evidence against Darlie because it went to the heart of the defense that there was an intruder. This evidence that would attack his credibility should be a basis for appeal motions.
FACT: Charles Linch was never tested in the area of blood spatter
Records and interviews show that Mr. Linch never took a proficiency test in blood spatters and that, shortly thereafter, supervisors substituted another analyst to testify in a pending trial.
FACT: The Routier case was the FIRST case that Charles Linch testified on in the area of "Blood Spatter"
According to Mr. Linch, he testified only twice about blood spatters - the first time was during Ms. Routier's bond hearing.
FACT: Charles Linch was hospitalized for mental health issues along with alcohol problems and released in order to testify in cases and return to the hospital. (NOTE THIS WAS NOT DURING THE ROUTIER TRIAL)
Mr. Linch said he was embittered and felt more pressure after his treatment for depression and drinking, After first agreeing to seek treatment at Methodist Medical Center at his supervisors' request, he said he later was handcuffed and involuntarily committed at Doctors Hospital for about two weeks - a scenario he said was "unnecessary and humiliating." Twice during that time - and while he was taking prescribed anti-depressants - he was released from the hospital to testify in capital-murder trials in Texas and Arkansas.
FACT: If Routier was to get a new trial Charles Linch WILL NOT TESTIFY on blood spatter evidence.
Mr. Linch said he would refuse to testify about blood evidence should Ms. Routier win a new trial. "If there's a retrial, the word 'blood' won't come out of my mouth," he said.
FACT: Although he was not the primary blood spatter expert witness, he had done most of the "blood work" in the Routier case.
Although he was not the state's primary expert on blood-spatter evidence at trial, Mr. Linch said he did much of the "blood work" in Ms. Routier's case. In what he described as an embarrassing meeting before the trial, Mr. Linch said Mr. Davis instructed him to recount for Mr. Bevel how Mr. Linch had taken samples and reached his conclusions about blood in the Routier home and the only reason he was not the primary expert witness, the only reason that Bevel was the one to testify as primary was due to the fact that "Bevel had a book" on this subject.
When you have all of the facts and not just someone's flapping gums without proof, this case is not so cut and dried!
R
