What Exactly Is Happening With Darlie Now?

[mollymalone]

I'm amazed. She threw her breast implants into the mix!

 

[Jeana (DP)]

Sorry! I did stop! LOL She's thrown the kitchen sink into that motion. Each and every one of it has been rebutted and denied by the Judge. He dealt with the accusation against Darin too.

Since this has failed, what's her next step? Do you know?

Her appeal to the Court of Criminal Appeals is due December. This latest ruling was in state court.

 

[cami]

:doh: Give em' credit for imagination, but that's not going to fly. Traumatic amnesia for that long a time, for years while she sits in a jail to protect him, knowing she could/would be executed at the end of it. Right. SUUUUURE.

And with no head injury. How likely is it. :waitasec:

 

[CyberLaw]

Regarding the bruises on her arms.

How about this:

Days after the boys are murdered by their darling Mommy Dearest, hubby and Darlie want to cover their behinds.

So you put your arms in between a door and jam and then repeatedly close the door(with your arm in the way)to put bruises on both arms in a uniform pattern.

These bruises were not points(like in fingerprints)they were all over her arms.

So now both of your arms are bruised from wrists to elbow.

It was shown that these bruises did not date from the so called attack, so probably two to three days later Darlie and Darin knew that the gig was going south, therefore they fabricated the "mystery" bruises in a vain attempt to substantiate their story.

You see there are so may different versions of Darlie story, I have not read them all, but I can't determine which one fits her "but he bruised me story".

A doctor can determine from the color of a bruises when it most likely appeared and can determine same from the pattern, color and healing process.

If she was actually bruised as badly as she claims in the attack, from what I saw the bruises would have been quite evident to hospital staff.

She is a fair skinned women, the bruises would have appeared quite soon. At least in the hospital.

 

[Jeana (DP)]

CyberLaw, did you see the thread that one of our members did that list her different stories? Its here:

http://websleuths.com/forums/showthread.php?t=14602

 

[Dani_T]

http://www.justicefordarlie.net/transcripts/rfrancis-final.php
Court's findings of fact and conclusions of Law - Today's date 3/31/2005
DENIED

Hmmm - I think that is an old one? I remember reading it before and also the date on the bottom is August 2004.

They filed new motions which I think is the ones they are still waiting to hear back on. The mainstay of this new one is DNA retesting etc. Check www.fordarlieroutier.org for details of the motions (at least one of th them was dine after January 25 2005). Also in the news box on www.justicefordarlie.net you can see that a decision on the DNA testing has not yet been reached.

 

[Goody]

:doh: Give em' credit for imagination, but that's not going to fly. Traumatic amnesia for that long a time, for years while she sits in a jail to protect him, knowing she could/would be executed at the end of it. Right. SUUUUURE.

I totally agree, and am always amazed when nurses try to say that it is rather common for TA sufferers to never remember.

Yeah, if they have brain damage. LOL!

 

[Hopeful One]

It has been a few years since I read the books and made my determination that Darlie was guilty.

What is happening with her now. Is her husband still hanging in there? Is there a chance for a new trial? She is obviously still on DR and in Texas it seems they don't waste too much time.

So, it anyone can tell me what is happening, I would appreciate it.

One more thing - I think, like I said above that she is exactly where she should be, but one thing always bugged me and that was the awful bruising on her arms. How did she do that to herself?

Also, what is she up to in her appeals process.?

This case has always intrigued me and maybe some of you out there can get me back on track as to what is happening.

Thanks

I haven't read all the responses, so sorry if this is a repeat (don't shoot me, I'm just busy!). Right now Darlie is in Dallas for hearings on evidence that they are trying to get from the state for testing.

 

[mollymalone]

Hmmm - I think that is an old one? I remember reading it before and also the date on the bottom is August 2004.

They filed new motions which I think is the ones they are still waiting to hear back on. The mainstay of this new one is DNA retesting etc. Check www.fordarlieroutier.org for details of the motions (at least one of th them was dine after January 25 2005). Also in the news box on www.justicefordarlie.net you can see that a decision on the DNA testing has not yet been reached.

Thanks! I saw the 2005 date on it. So the new one is on DNA testing. What do you think the chances are?

 

[Dani_T]

Thanks! I saw the 2005 date on it. So the new one is on DNA testing. What do you think the chances are?

Slim to none I would say.

 

[mollymalone]

Slim to none I would say.

That's my take on it too.

 

[mollymalone]

Hmmm - I think that is an old one? I remember reading it before and also the date on the bottom is August 2004.

They filed new motions which I think is the ones they are still waiting to hear back on. The mainstay of this new one is DNA retesting etc. Check www.fordarlieroutier.org for details of the motions (at least one of th them was dine after January 25 2005). Also in the news box on www.justicefordarlie.net you can see that a decision on the DNA testing has not yet been reached.

I went back to the Routier site today and saw that it's been posted that Judge Francis ruled on her habeaus corpus petition and "ignored" her request for DNA testing and that Routier has filed a mandamus petition with the Texas Court of Criminal Appeals asking that it require Judge Francis to comply with ordering DNA testing. I didn't see a date when that was filed. Maybe I missed it. Does anyone know how long it will take the Criminal Appeals court to respond?

Is the ruling from the Criminal Appeals the one they are still waiting on?

 

[mollymalone]

Actually, the "controversy" about what Darin was and wasn't wearing when he came down the stairs was bourne out of the fact that what he was wearing changed from one statement to another. In one statement, Darin said that he slept in the nude (which makes little sense to me since the baby was expected to wake up during the night), but says that he put his jeans on. He later said that he put his glasses on and that he can't see crap without them. It would help if he could make up his mind.

Jeana, I went back and read his first statement (at least I think it's the first one from that night) which he made while events were fresh in his mind even while in shock over the events. Darrin said that he put his glasses on, ran downstairs, etc.. when he went to check and see if Drake was okay, he checked Drake, found he was okay but crying, THEN put his jeans on, thinking he needed to get some help, went downstairs ran across the street and got the neighbor.

Quote "I heard a noise and then Darlie screaming loud. I grabbed my glasses and ran down stairs."

For those of us who wear glasses on a daily basis, those are usually the first thing we grab even in emergencies so we can see what's going on.

Darlie in contrast says "he came downstairs with his jeans on and no glasses."

Maybe his later statements were made about the jeans and glasses were attempts trying to help Darlie.

 

[Jeana (DP)]

I went back to the Routier site today and saw that it's been posted that Judge Francis ruled on her habeaus corpus petition and "ignored" her request for DNA testing and that Routier has filed a mandamus petition with the Texas Court of Criminal Appeals asking that it require Judge Francis to comply with ordering DNA testing. I didn't see a date when that was filed. Maybe I missed it. Does anyone know how long it will take the Criminal Appeals court to respond?

Is the ruling from the Criminal Appeals the one they are still waiting on?

If the state court did just recently deny the discovery motion, the defense will likely appeal that decision. However, the deadline for them to file their federal appeal stands and they've got until some date in December to do so.

 

[dasgal]

I kinda wish they would retest the DNA. All evidence leads to her, and I am sure that will be no different.

It would finally close the door for a whole lot of people who still hang with her. They need closure, IMO.

 

[mollymalone]

If the state court did just recently deny the discovery motion, the defense will likely appeal that decision. However, the deadline for them to file their federal appeal stands and they've got until some date in December to do so.

How many more appeals does she have? If this federal appeal is denied where does she go then?

 

[mollymalone]

I kinda wish they would retest the DNA. All evidence leads to her, and I am sure that will be no different.

It would finally close the door for a whole lot of people who still hang with her. They need closure, IMO.

There's a lot of those people who will never ever believe she's guilty, no matter what testing is done, no matter what testimony is given. Even if they tested the DNA and all roads led to Darlie, her supporters will say it was the lab's fault, anybody's fault but hers. IMO

 

[cami]

How many more appeals does she have? If this federal appeal is denied where does she go then?

The Federal habeas appeals begin when Darlie files a petition for habeas review with the US 5th District Court. If the writ of habeas corpus is denied by the District Court, the appeal can then move to the US Circuit Court. If the Circuit Court denies the appeal, the inmate can again ask the US Supreme Court for certiorari review. As with certiorari after the direct appeal, the US Supreme Court rarely agrees to hear and consider such cases. If denied a hearing from the US Supreme Court, an execution date is set and the final appeal left to Darlie is to ask for clemency or commutation from the parole board Texas. If this is denied, her execution is carried out, unless another court intervenes for some reason.

I got this info long ago from another poster on c&j, rabid armadillo. Used with her permission.

 

[dasgal]

There's a lot of those people who will never ever believe she's guilty, no matter what testing is done, no matter what testimony is given. Even if they tested the DNA and all roads led to Darlie, her supporters will say it was the lab's fault, anybody's fault but hers. IMO

I dunno. Ive met several of them, used to be one myself, and saw lots of other leave ranks along the way. They are really not a close minded bunch of people. Ok, some of them have ego issues whereas they can never admit to being wrong, ever, but most of them are thinking reasoning people. Having been on the other side, I know how it works, and it's mainly by phonecalls with all sorts of gossip being told. Until they get away from that, it will be hard for them to change their minds.
But the more evidence you heap on her, the more doubt you dispell, the more I see people walk away from her. Like I said, they are a pretty good bunch, they are just passionate about their beliefs. It's too bad their information is no good.

 

[mollymalone]

I dunno. Ive met several of them, used to be one myself, and saw lots of other leave ranks along the way. They are really not a close minded bunch of people. Ok, some of them have ego issues whereas they can never admit to being wrong, ever, but most of them are thinking reasoning people. Having been on the other side, I know how it works, and it's mainly by phonecalls with all sorts of gossip being told. Until they get away from that, it will be hard for them to change their minds.
But the more evidence you heap on her, the more doubt you dispell, the more I see people walk away from her. Like I said, they are a pretty good bunch, they are just passionate about their beliefs. It's too bad their information is no good.

I'm sure there are those who are open minded, I was referring to those who are closest to her, or the more insistent ones.

I re-read the autopsy reports for the children. Appalling. I don't recall hearing how the abrasions on the children occurred.

Did you know the female author that wrote a book about Darlie that talked about her guilt, then wrote one in favor of her innocence ended up with legal trouble herself?