G.I.RattlesnakeJane said:
go to volume 38 his name is Poole he found tools marks on one of Devons ribs. He testifies before Bevel. Right at the beginning I think. I am not computer savvy enough to do a cut and paste.
Yeah and here's what he says.....
9 Q. Now State's Exhibit 67. Were you also
10 asked to examine the weapon found in the Routier kitchen?
11 A. I was.
12 Q. And, did you have an opportunity to
13 compare that as well to the breast plate, the hole in
14 Devon Routier?
15 A. I did.
16 Q. What was your conclusion with that?
17 A. My conclusion was that the
18 characteristics of the damage that was present on the
19 cartilage, was similar to the test marks that I received
20 in making stabs with this knife.
21 However, I was not able to
22 conclusively determine that this was the knife that was
23 used. But my opinion would be, that a knife with similar
24 characteristics, specifically, a knife that would have
25 perhaps smooth areas in between some serrations. That is
Sandra M. Halsey, CSR, Official Court Reporter
3098
1 the kind of instrument that was -- that would have been
2 used, in my opinion.
3 Q. So, what you are saying is that these
4 knives found in the Guzman home didn't do it, and that
5 weapon No. 67 is the same class characteristics?
6
7 MR. DOUGLAS MULDER: Object to the
8 leading.
9
10 BY MS. SHERRI WALLACE:
11 Q. Is that right?
12
13 MR. DOUGLAS MULDER: Object to the
14 leading.
15 THE COURT: Overruled. Overruled.
16 Let's phrase our questions right.
17
18 BY MS. SHERRI WALLACE:
19 Q. Is that what you are saying?
20 A. That's correct.
21 Q. All right.
22
23 MS. SHERRI WALLACE: Pass the witness.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
3099
1 CROSS EXAMINATION
2
3 BY MR. DOUGLAS MULDER:
4 Q. Just a thing or two, Mr. Poole. You
5 examined, I take it, both of those wounds, did you?
6 A. I did, sir, yes.
7 Q. Would we be safe in assuming that in
8 the course of the thoroughness of your examination, you
9 discussed those wounds with the autopsying physician?
10 A. I did not, sir.
11 Q. You did not?
12 A. No, sir.
13 Q. Okay. I was going to ask you then if
14 you had an opinion, within your field of expertise, as to
15 whether or not the child was standing, sitting or lying
16 down, at the time that those injuries were inflicted?
17
18 MS. SHERRI WALLACE: Your Honor, I'll
19 object to that, he said that he didn't have the
20 discussion.
21 THE COURT: Overruled. I'll let him
22 answer if he knows.
23 THE WITNESS: I have no opinion as to
24 the position of the victim at the time of the stabbing.
25
Sandra M. Halsey, CSR, Official Court Reporter
3100
1 BY MR. DOUGLAS MULDER:
2 Q. Okay. Just out of curiosity, when
3 were you asked to do this analysis?
4 A. My involvement was perhaps a week or
5 maybe a week and a half before Christmas.
6 Q. In December?
7 A. Yes, sir, in December.
8 Q. Okay. And, if I understood you
9 correctly, you were saying basically, that the lower
10 wound, you can't tell whether it was made by that
11 serrated-bladed knife or not?
12 A. My answer is with regard to this knife
13 specifically, and the question being, Is this the knife
14 that did it? My answer would be I don't know.
15 Q. So you can't tell us anything really?
16 A. I can't tell -- well, I know that it
17 is a knife with characteristics like this knife, but I
18 cannot determine whether or not it is this knife or not.
19 Q. Could you tell whether or not both
20 punctures, both injuries, both stab wounds were made by
21 the same instrument?
22 A. No, sir, because the upper wound
23 didn't have any of those characteristics that I could use
24 to discriminate the characteristics of the instrument
25 that was used.
Sandra M. Halsey, CSR, Official Court Reporter
3101
1 Q. Okay. I take it then, your answer is
2 that the stab wounds as you examined them are consistent
3 with being inflicted by separate, different weapons?
4 A. No, sir. I'm not saying separate or
5 different. The one has no characteristics that I could
6 use to make any kind of judgment, other than it's there.
7 And the second one did have an abundance of markings that
8 allowed me to identify the class or the style of the
9 instrument that was used. But I cannot determine whether
10 or not this was the specific instrument used.
11 Q. And you can't tell us whether these
12 knives or knives like these could have been used to make
13 the upper injury?
14 A. That's correct, sir. I don't have any
15 idea about the instrument that was used to make that
16 upper one.
17 Q. So, you are saying that these knives
18 then could have been used to make the higher of the two
19 injuries?
20 A. Those knives and any other instrument
21 capable of penetrating.
22 Q. You know, I notice with interest
23 that -- see if you notice this: You notice that these
24 wounds are made at different angles?
25 A. Yes, sir.
1 REDIRECT EXAMINATION
2
3 BY MS. SHERRI WALLACE:
4 Q. Mr. Poole, that knife, is it still
5 there in front of you?
6 A. It's here on the side.
7 Q. State's Exhibit No. 67. Could that
8 knife have caused both wounds to Devon Routier?
9 A. It could have.
Link to Poole's testimony
I think you took a giant step with this testimony. He does not conclusively rule out the knife used on Damon as the weapon that was used on Devon. In fact, he says the tool marks have similar characteristics to the test cuts he made.