Darlie Routier | New Evidence Uncovered | An Inmate & Mother Running Out Of Time — Transcript
Full transcript
- 0:00the case of darlie Routier is one of the
- 0:02most tragic and painstaking death row
- 0:05investigations I have encountered in the
- 0:08entirety of my legal career what began
- 0:10as a simple analysis of a case that had
- 0:13been described to me as an open and shut
- 0:15conviction entirely devoid of Reasonable
- 0:18Doubt transformed into several months of
- 0:20an arduous investigation culminating in
- 0:23an unexpected discovery of new evidence
- 0:25evidence that until now has never been
- 0:28previously reported details that would
- 0:31go on to reframe my understanding of
- 0:33darley's case as well as the entirety of
- 0:36the Criminal Justice System several
- 0:39months ago I started my analysis of the
- 0:41infamous death row case having very
- 0:43little prior knowledge concerning the
- 0:45details surrounding it after my initial
- 0:47assessment of the facts I like many
- 0:49others before me adopted a clear
- 0:52position concerning her guilt and
- 0:54conviction but then I began to read the
- 0:56court transcripts as well as the
- 0:58supporting records and what what I found
- 1:01on those pages revealed a deeply
- 1:03disconcerting legal debacle unlike
- 1:06anything I have seen in years the
- 1:08ramifications of which we will discuss
- 1:11at length today do you think the case
- 1:14their case was damaged when Dolly took
- 1:16the stand in our own defense yeah I
- 1:17think it was damaged because you know it
- 1:19gave us an opportunity to show the jury
- 1:21the real darly Routier I think uh what
- 1:24they saw as a person who is cares about
- 1:27one thing and that's themselves
- 1:29and she was exposed for being a liar and
- 1:32anytime you can expose the defendant for
- 1:34being a liar it's a circumstantial
- 1:36evidence case the jury is going to be
- 1:38much more likely to convey and it is my
- 1:41belief that what I'm about to show you
- 1:43in today's video is a story that has yet
- 1:46to be told in its entirety until now on
- 1:50June 6 1996 at 2 31 am the Rowlett Texas
- 1:55Police Department received a frantic
- 1:57call from the Routier home darlie
- 1:59Routier had called 9-1-1 in a frenzy
- 2:02after she and her two boys had suffered
- 2:05catastrophic injuries at the hands of an
- 2:07alleged Intruder a crime that would
- 2:10claim both boys lives minutes after law
- 2:13enforcement arrived the responding
- 2:15officers would begin surveying the scene
- 2:17and quickly established his strong and
- 2:19unwavering opinion that the person
- 2:22responsible for this vicious attack was
- 2:24not an intruder but the boy's own mother
- 2:27darlie Lynn Routier over the course of
- 2:30the next few weeks law enforcement began
- 2:32an aggressive investigation that sought
- 2:35to prove their primary theory that
- 2:37Darley had perpetrated these unspeakable
- 2:39acts against her own children within a
- 2:43few short weeks the case the state had
- 2:45built against Darley was already
- 2:46considerable but law enforcement would
- 2:49inadvertently receive one of the most
- 2:51important elements of their case gift
- 2:53wrap in a box covered in dollar store
- 2:56Silly String by none other than their
- 2:59primary suspect herself darlie Routier
- 3:04for some this may seem a strange thing
- 3:07to do in an odd place and time
- 3:11[Music]
- 3:13singing Happy Birthday in a cemetery to
- 3:16a son who was brutally stabbed to death
- 3:18just over a week ago
- 3:23but Dolly and Darren Routier say this is
- 3:25appropriate for them and their family it
- 3:28was a crime of moral ineptitude caught
- 3:31on camera that would all but guarantee
- 3:33that a jury would convict darly Beyond
- 3:36any reasonable doubt and just seven
- 3:39months later the weight of that video
- 3:41would help to convict darlie Routier for
- 3:43the homicide of her son Damon Routier
- 3:46and her sentence by the jury was the
- 3:49death penalty in the Years following her
- 3:51trial the general public remained fairly
- 3:53confident over the veracity of her
- 3:55conviction however over time that
- 3:58sentiment has started to change while
- 4:00many have never doubted her guilt others
- 4:03believed that she was not afforded a
- 4:05fair and unbiased trial and now that the
- 4:08Innocence Project has agreed to
- 4:10represent Darley many have started to
- 4:12question the case that was brought
- 4:13against her at trial but for the 53 year
- 4:17old death row inmate who has exhausted
- 4:19most of her remaining appeals the
- 4:21inescapable reality is that she is
- 4:24quickly running out of time in today's
- 4:27video we will analyze the case brought
- 4:29against Darley at trial by the
- 4:31prosecution and then we will carefully
- 4:34review the evidence that has arisen in
- 4:36support of her innocence we will examine
- 4:39the court records the evidence the
- 4:41testimony and the surrounding facts of
- 4:43her case as we try to piece together a
- 4:46fragmented puzzle of this American
- 4:48Tragedy and when I have placed all of
- 4:51the pieces of the puzzle out for you to
- 4:53see I will show you the Lost puzzle
- 4:56piece that I found buried in an area
- 4:58that no one thought to look evidence
- 5:01that was seemingly stored away
- 5:03misunderstood and forgotten and it's
- 5:06what I found in that evidence that
- 5:08caused me to fundamentally change my
- 5:11understanding and view of the case
- 5:13brought against darlie Routier
- 5:16so today I would like to invite you to
- 5:18come with me down this winding rabbit
- 5:20hole and go back in time to a small East
- 5:24Texas town in the conservative center of
- 5:26the Bible Belt as we try to uncover the
- 5:29truth of what happened that terrible
- 5:31June night inside of the Routier home
- 5:35this is a death row inmate or a mother
- 5:38Running Out of Time the darly Routier
- 5:40Case episode one
- 5:52now before we begin there's something
- 5:55very important that I need to cover
- 5:57first from the very first day that I
- 5:59began my analysis into darley's case I
- 6:03immediately noticed the sheer volume of
- 6:05documentaries and related media that has
- 6:07been created since darley's conviction
- 6:09with the prevailing view of that media
- 6:12and the general public widely in support
- 6:14of darley's conviction now while that
- 6:17wasn't surprising or unexpected what was
- 6:20concerning to me is the discourse that
- 6:22surrounds this case please allow me to
- 6:25explain I realized that many people who
- 6:28have studied this case and are familiar
- 6:30with the facts surrounding it have very
- 6:32strong beliefs concerning her conviction
- 6:34and it's precisely because of those
- 6:36strong convictions that you don't have
- 6:38to look far to see people throughout the
- 6:40entirety of the internet angrily
- 6:42attacking anyone who tries to analyze
- 6:44this case from a contrary or an
- 6:47objective standpoint but reviewing this
- 6:49case from an objective standpoint is
- 6:52exactly what I intend to do today
- 6:53primarily because I believe there are
- 6:56vital legal and societal issues that
- 6:59stem from darley's conviction that we
- 7:02cannot afford to ignore so instead of
- 7:04creating a documentary that largely
- 7:06repeats the same facts that you have
- 7:08already heard a story that ultimately
- 7:11arrives at the same conclusion I wanted
- 7:13to take a vastly different approach in
- 7:16today's video to tell you both sides of
- 7:19this case as completely and as
- 7:21thoroughly as I can early on in my
- 7:24analysis I realized something critically
- 7:26important about this case the matter of
- 7:29darlie Routier strikes at the heart of
- 7:31our very Humanity because it doesn't
- 7:33just involve a crime against the
- 7:35innocent it is something far worse it is
- 7:39a horrific and unpardonable offense
- 7:41against children and it is the nature of
- 7:44this crime that calls Upon Our human
- 7:46nature to demand Justice and instills in
- 7:49each of us the desire to want to take up
- 7:52arms against the perpetrator and Dole
- 7:54out that Justice ourselves for a crime
- 7:57that we can all agree was truly
- 8:00reprehensible and completely
- 8:02Unforgivable
- 8:03but the criminal justice system was
- 8:05created as a beacon of objectivity blind
- 8:08and impartial where the truth and
- 8:10evidence is the ultimate guide in how
- 8:13and when we Dole out that Justice where
- 8:16our righteous and understandable anger
- 8:18is mitigated by the impartiality of a
- 8:21system that weighs in the balance
- 8:23whether or not someone lives or dies a
- 8:27system of justice predicated on the
- 8:29notion that we are innocent until proven
- 8:32guilty Beyond any reasonable doubt where
- 8:35our need for Retribution and Punishment
- 8:38does not guide our judges or our
- 8:40prosecutors and most especially our
- 8:43juries but that we allow the truth to
- 8:46dictate how and when we make the most
- 8:48severe of those judgments and that isn't
- 8:51merely a lofty idea that we hope exists
- 8:54within our courts and judicial corridors
- 8:56but objectivity fairness and the truth
- 8:59are the very tenets of the American
- 9:01criminal justice system so today as we
- 9:04evaluate both sides of the darly rootier
- 9:07case I am asking each of you to play a
- 9:10very important role I am asking you to
- 9:13review this case as an impartial juror
- 9:16as though you have been chosen to make
- 9:18the final determination at her trial to
- 9:21sit in the seat of judgment and to
- 9:23fairly evaluate both sides of the
- 9:26evidence additionally I will share with
- 9:28you vitally important legal issues that
- 9:31I have identified in my own evaluation
- 9:33of her case and at the conclusion of
- 9:36this video you will be called upon to
- 9:38decide to determine her guilt or her
- 9:41innocence so today I invite you to take
- 9:44notes listen closely and most
- 9:47importantly withhold judgment until you
- 9:49have heard all of the facts from both
- 9:51sides in their entirety and when the
- 9:55totality of the evidence has been
- 9:56presented you will be asked to make your
- 9:59final judgment and to answer the
- 10:01following questions one one is darlie
- 10:04Routier guilty Beyond any reasonable
- 10:07doubt and two does darlie Routier
- 10:11deserve the death penalty I believe that
- 10:14the answer to these questions is one of
- 10:16the most important and solemn
- 10:18responsibilities within our criminal
- 10:20justice system and today you have been
- 10:23called upon to make that choice so with
- 10:26that as our guide let's begin
- 10:32the June summer air was hot and sticky
- 10:36that evening in the small conservative
- 10:38East Texas town of roulette the spacious
- 10:41Routier home had finally started to
- 10:43settle as Darren took baby Drake
- 10:45upstairs in an effort to give Darley a
- 10:48long overdue and much needed reprieve it
- 10:51had been months since Starley could
- 10:53remember getting more than a few hours
- 10:55of rest before being woken up and after
- 10:58months of sleep deprivation Financial
- 11:00stressors and familial disputes the
- 11:03young mother was nearing a mental and
- 11:05emotional collapse the last few months
- 11:07since Drake's birth had been
- 11:09particularly brutal getting him to sleep
- 11:11through the night had been a
- 11:12near-constant struggle most of the time
- 11:15she would be lucky to string together a
- 11:17few hours of sleep before it was time to
- 11:19get up and do it all over again to add
- 11:22to her ongoing stress she had struggled
- 11:24with losing the baby weight that she had
- 11:26gained during her pregnancy with Drake
- 11:28but thankfully she had heard of an
- 11:30immensely popular diet pill called Ben
- 11:32that her doctor had been more than happy
- 11:35to prescribe by early June she had been
- 11:38taking the diet pills for several months
- 11:40and while they did seem to help it
- 11:43wasn't the miracle drug that she had
- 11:44been hoping for but if all that wasn't
- 11:46enough the young family had hit a rough
- 11:49patch that had seemingly affected every
- 11:52area of their lives Darren's once
- 11:55exceedingly successful business had seen
- 11:57an unexpected downturn and things
- 11:59weren't as comfortable financially as
- 12:01they had been before
- 12:03as a result the couple seemed to find
- 12:05themselves in more frequent and
- 12:07explosive arguments over money but that
- 12:10wasn't the only thing bothering Darley
- 12:12she felt different and despite her best
- 12:15efforts to ignore it she just didn't
- 12:17feel like herself anymore her
- 12:19relationship with Darren was reaching a
- 12:21critical mass from the financial and
- 12:24emotional stress she found herself
- 12:26lashing out at him more frequently over
- 12:28his inattentive nature with their boys
- 12:30and while she loved him she knew things
- 12:33could not stay the same and the weight
- 12:35of that realization was becoming
- 12:38untenable in the preceding days she had
- 12:41found herself unable to Keep from Crying
- 12:43feeling despondent and she knew that
- 12:46something was very wrong one afternoon
- 12:49she began feverishly writing in her
- 12:51journal words that felt honest and yet
- 12:54part of her couldn't believe that she
- 12:56was effectively writing a letter telling
- 12:58her family goodbye it was shocking to
- 13:01her because the words on that page were
- 13:03the truth a truth that was about to
- 13:06become front page news for all the world
- 13:09to see no one can know with absolute
- 13:12certainty the exact events of what
- 13:14transpired in the minutes and hours
- 13:16preceding 2 31 am at the Routier home
- 13:19but what we do know is that shortly
- 13:22after 1am on June 6 1996 darlie Routier
- 13:26went downstairs with her boys Devin and
- 13:29Damon to sleep in the family living room
- 13:31and what transpired over the next 90
- 13:34minutes in the rootier home would
- 13:36radically alter the course of their
- 13:39lives
- 13:39forever at 2 31 am 911 dispatchers for
- 13:44the Rowlett Police Department received a
- 13:46desperate and hysterical call from 5801
- 13:49Eagle Drive the home of Darren and
- 13:52darlie Routier
- 13:54within the first few seconds of the call
- 13:56Darley can be heard shouting for help to
- 13:58the 9-1-1 operator
- 14:02[Music]
- 14:06initially the 911 dispatcher was unable
- 14:09to clearly understand Darley but 23
- 14:12seconds after the call began the
- 14:14operator request EMS and law enforcement
- 14:17to respond to the scene for an unknown
- 14:19medical emergency at 5801 Eagle Drive
- 14:27at nearly 30 seconds into the call
- 14:29Darley frantically tells the operator
- 14:3551 seconds in the operator can be heard
- 14:39communicating to First Responders
- 14:44[Music]
- 14:48at the one minute and 24 second Mark
- 14:50Darley can be heard communicating to her
- 14:53husband Darren
- 14:58just 32 seconds later two minutes into
- 15:01the call Darley is asked by the operator
- 15:04to explain what happened and Darley
- 15:06provides her first detailed explanation
- 15:09of the crime
- 15:12[Music]
- 15:25[Music]
- 15:29at approximately 2 32 a.m just two
- 15:33minutes after Darley initiated the call
- 15:35to 9-1-1 responding officer David
- 15:37Waddell of the Rowlett Police Department
- 15:40would arrive on scene at 2 minutes and
- 15:4338 seconds into the call the operator
- 15:45asked Starly for additional information
- 15:48anybody in the house to talk to you and
- 15:51your children
- 15:57okay now three minutes into the call we
- 16:00can hear Darley impatiently asking for
- 16:02the status of the already in route
- 16:05paramedics
- 16:13and again 30 seconds later Darley
- 16:16expresses urgency at the timeliness of
- 16:19the still inbound EMS responders
- 16:24one of the next things we hear in the
- 16:26recording is Officer Waddell instructing
- 16:29Darley to look for a rag to help provide
- 16:31emergency medical assistance to her
- 16:34Gravely injured Sons it would later be
- 16:37revealed a trial that the confusion
- 16:38happening in this call was due to the
- 16:40fact that Darley Was Heard communicating
- 16:42to officer Waddell in between speaking
- 16:45with the 9-1-1 operator but at the four
- 16:48minute Mark of the call Darley can be
- 16:50heard initially speaking to officer
- 16:52Waddell and then the operator about the
- 16:55alleged intruder
- 17:03how many times
- 17:05and just seconds later Darley again asks
- 17:08for the status of the still incoming
- 17:10paramedics
- 17:17nearing the end of the call Darley is
- 17:20again her describing her reaction to the
- 17:22alleged intruder
- 17:28but this next interaction at the five
- 17:30minute Mark and subsequent conversation
- 17:32between darlie Routier officer Waddell
- 17:35and the 911 operator would become the
- 17:38Bedrock of the state's case against her
- 17:40a moment that has been widely viewed as
- 17:43one of the most initially important
- 17:45elements of establishing the suspicion
- 17:48that would ultimately lead to darley's
- 17:50arrest
- 17:53[Applause]
- 17:58at 5 minutes and 19 seconds Darley
- 18:02speaks to her husband Darren and is
- 18:04heard discussing the intruder
- 18:08[Music]
- 18:12shortly after Darley was instructed to
- 18:14end the call with the 9-1-1 operator EMS
- 18:17and additional law enforcement would
- 18:19begin to arrive at the scene after a
- 18:22short wait outside while law enforcement
- 18:23secured the scene the EMTs were
- 18:25eventually giving clearance and rushed
- 18:27inside the Routier home quickly
- 18:29assessing the Gravely injured Routier
- 18:31boys in a matter of moments they
- 18:34realized the catastrophic severity of
- 18:36the injuries the boys had sustained
- 18:38tragically Devin was already Beyond
- 18:41medical intervention by the time
- 18:43paramedics arrived as a result of his
- 18:45injuries he would be pronounced at the
- 18:47scene in the attending paramedic would
- 18:50have to move on to the other injured
- 18:52family members after a brief assessment
- 18:55EMTs would rush Damon and Darley to
- 18:57Baylor Medical Center to receive
- 18:59emergency medical care despite the emt's
- 19:02best efforts Damon would not survive the
- 19:05devastating injuries he had sustained
- 19:07tragically he would be pronounced
- 19:10shortly after he arrived at the hospital
- 19:12but EMTs had been unsuccessful in
- 19:15regaining any of his Vital Signs and
- 19:17root while still at the rootier home law
- 19:20enforcement quickly began surveying the
- 19:22scene to try and locate any evidence of
- 19:25the Intruder Darley had identified in
- 19:27her initial call at first law
- 19:29enforcement would find evidence that
- 19:31seemed consistent with darley's claims
- 19:32of an intruder including the living room
- 19:35coffee table having been moved a broken
- 19:37wine glass in the kitchen and a knocked
- 19:39over vacuum cleaner law enforcement
- 19:41would also find evidence that initially
- 19:43seemed consistent with a break-in inside
- 19:45the garage which had a screen door
- 19:47window that had been cut but after
- 19:49scouring the routier's neighborhood
- 19:51without finding any signs of an intruder
- 19:54investigators would eventually secure a
- 19:56sock found nearly 80 yards away from the
- 19:59Routier home the sock that they had
- 20:01found would later test positive for
- 20:03blood from the rootier boys as well as
- 20:05DNA from both Darley and Darren but
- 20:09testing did not reveal any foreign or
- 20:12unknown DNA from any one other than the
- 20:14Routier family after further assessment
- 20:17of the available evidence at the crime
- 20:19scene by a tenured crime scene analyst
- 20:22law enforcement developed significant
- 20:24concerns with darley's story and her
- 20:27claims of an intruder their concerns
- 20:29stem from the view of the evidence
- 20:31concerning an alleged Intruder but more
- 20:34specifically the lack thereof despite
- 20:37their suspicions law enforce Horsemen
- 20:39opted to wait for darley's initial
- 20:41statement after surgery to try and
- 20:43ascertain the true nature of this crime
- 20:45a short time after darlia awoke from
- 20:48surgery she would provide law
- 20:50enforcement with her initial written
- 20:52statement however the details she gave
- 20:54would only raise their suspicions of her
- 20:57involvement homicide detectives were
- 20:59struck at the lack of detail in her
- 21:01report and her inability to offer any
- 21:04reasonable description of the
- 21:06perpetrator Beyond telling them that he
- 21:08wore jeans a ball cap and a dark t-shirt
- 21:11the lack of any considerable description
- 21:14of the intruder's facial features were
- 21:16only compounded when CSI investigators
- 21:18at the scene noticed that if an intruder
- 21:21had been present that they had failed to
- 21:23take anything from the home including
- 21:25darley's extensive jewelry collection
- 21:27that was downstairs in plain view as
- 21:31investigators began to try and piece
- 21:33together the details of her statement
- 21:34they began to realize that her version
- 21:37of events were inconsistent with what
- 21:39they were seeing at the crime scene and
- 21:41it would be fair to say that from the
- 21:43very beginning darlie Routier was the
- 21:46primary suspect in connection with this
- 21:48brutal crime and the Rowlett Police
- 21:50Department was certain that they had the
- 21:52right person in their sights and from
- 21:54that point forward they focused all of
- 21:57their resources into pursuing their
- 21:59primary suspect in connection with this
- 22:02unspeakable crime against the Routier
- 22:04boys in the initial days following the
- 22:07attack law enforcement began to dive
- 22:10into Darren and darley's life eventually
- 22:12opting to begin surveilling their
- 22:14day-to-day movements but their
- 22:16investigation would be gifted one of the
- 22:18most important elements of their case by
- 22:21the local news media at the site of
- 22:23Damon and Devin's funeral without
- 22:25prompting Darley Routier gave the police
- 22:28one of the most important pieces of the
- 22:30case that prosecutors would eventually
- 22:33use against her this moment was captured
- 22:36in the hours after the routers had
- 22:38conducted a private family funeral for
- 22:40both boys and was recorded by the local
- 22:43news after this segment was aired the
- 22:46response from the general public was
- 22:48pure and unadulterated outrage those who
- 22:52viewed the broadcast were stunned and
- 22:54disgusted that a mother who had just
- 22:56lost her eldest boys could demonstrate
- 22:59such an irreverent and careless display
- 23:01it would go on to become the final piece
- 23:04of the puzzle the prosecution needed to
- 23:07arrest their sole suspect in connection
- 23:09with this inhuman crime and just four
- 23:13days after this Infamous Silly String
- 23:15video was taken at the site of her boy's
- 23:18funeral darlie Lynn Routier was arrested
- 23:21for the first degree homicides of her
- 23:23two eldest boys Devin and Damon Routier
- 23:26the state would waste no time in
- 23:29pursuing their case against her and just
- 23:32six months later the trial of darlie
- 23:34Routier began with their mandate from
- 23:37the public in hand the prosecutors would
- 23:40stop at nothing to ensure Darley Swift
- 23:43and just conviction at any and all costs
- 23:50the trial of darlie Routier began
- 23:52exactly six months to the day after the
- 23:55homicides of her sons with the first day
- 23:57of trial beginning on January 6
- 24:001997. the state's case was led by
- 24:03prosecutors Toby Shook and Greg Davis
- 24:05who were tenured and experienced
- 24:08litigators men who understood the
- 24:10intricacies of the courtroom and as
- 24:13those who have practiced law no trial
- 24:15work is an art form the trial itself
- 24:18would last for nearly five weeks which
- 24:20included dozens of witnesses experts and
- 24:24testimony from members of the community
- 24:25as well as friends and family of the
- 24:27routers
- 24:28now in the interest of time and due to
- 24:31the sheer size and scope of the trial
- 24:33record I'm going to summarize the
- 24:35primary points that were brought against
- 24:36Darley by the state you will hear the
- 24:39core evidence as it was shown to the
- 24:41jury in January of 1997 but remember
- 24:44you're going to be hearing both sides of
- 24:46this case including new details that the
- 24:49jury was never told the following is the
- 24:52case brought forward by the state's
- 24:54prosecutors against their defendant
- 24:56darlie Lynn Routier
- 24:59an arrest warrant is the legal basis by
- 25:02which the state or law enforcement
- 25:03agency is granted Authority by a
- 25:06presiding judge to detain arrests and
- 25:09eventually prosecute a criminal
- 25:10defendant and in the matter of darlie
- 25:13Routier the rest warrant contained many
- 25:15of the main tenants of the state's case
- 25:17that would eventually be brought against
- 25:19her at trial it is not uncommon to see
- 25:22arrest warrants that cover a wide
- 25:24variety of criminal infractions as
- 25:26supported by the available evidence that
- 25:28are intended to depict the legal basis
- 25:30for why the state is pursuing charges
- 25:33against the accused now it's important
- 25:35to remember that a defendant does not
- 25:38need to be found not guilty of every
- 25:40claim of wrongdoing associated with the
- 25:43specific charge but if any modicum of
- 25:45Reasonable Doubt is established at trial
- 25:48then the law demands that the defendant
- 25:51be acquitted of that charge and with
- 25:53that in mind prosecutors Toby Shook and
- 25:56Greg Davis were careful to bring the
- 25:58most viable cases against darlie Routier
- 26:00and intentionally only pursued the
- 26:02criminal action for the homicide of
- 26:04Damon and not Devin This legal maneuver
- 26:07allowed for them to pursue a crime
- 26:10eligible for Capital Punishment Due to
- 26:12the boy's age despite the overwhelming
- 26:15consensus by the general public
- 26:17concerning darley's guilt at the time
- 26:19these experienced prosecutors knew from
- 26:22the beginning that motive would be a
- 26:24considerable issue for their case
- 26:26while the state does not need to prove
- 26:29motive it cannot however be ignored and
- 26:32in Prosecutor Greg Davis's opening he
- 26:35outlined for the jury the indictment and
- 26:37case against darlie Lynn Routier
- 26:40but these are the primary tenets of
- 26:42criminality brought against her during
- 26:44her trial
- 26:46number one darlie Routier was
- 26:48materialistic Vain and demonstrated
- 26:51Behavior Unbecoming of a mother number
- 26:55two darley's statements were
- 26:57inconsistent and appeared to contain
- 26:59evidence of a cover-up number three
- 27:02Darley failed to provide any medical
- 27:04assistance to her children at the scene
- 27:07of the crime
- 27:084. law enforcement was unable to find
- 27:12evidence of an intruder number five
- 27:15forensic evidence found inside the
- 27:17rootier house showed signs of a staged
- 27:20crime scene number six darley's wounds
- 27:23were deemed medically superficial and
- 27:25were inconsistent with the severity of
- 27:27the injuries sustained by Damon and
- 27:30Devin injuries that were believed to
- 27:33have been self-inflicted since these
- 27:35were the primary claims made by
- 27:37prosecutors we will now begin to analyze
- 27:39each claim brought forward by the state
- 27:43from the opening statements of the trial
- 27:46the prosecution quickly set the stage
- 27:48for the jury concerning the character of
- 27:50darlie Routier she was regularly and
- 27:53repeatedly described as a vapid selfish
- 27:56and absent-minded mother who was so
- 27:59motivated by greed and material
- 28:01possessions that she ended the lives of
- 28:03her two eldest boys out of Rage
- 28:05convenience and ultimately for financial
- 28:07gain in the form of their tandem five
- 28:10thousand dollar life insurance policies
- 28:12the following is an exact quote from
- 28:16Prosecutor Greg Davis's opening
- 28:18statement that he spoke to the jury at
- 28:20the commencement of darley's trial quote
- 28:24and perhaps most importantly the
- 28:26evidence will show you that the money
- 28:28trained from Darren's business was
- 28:30beginning to Peter out when we come to
- 28:33June 5th 1996 the evidence is going to
- 28:37show you that those problems began to
- 28:39worsen and they have worsened over time
- 28:42by that date the defendant right over
- 28:45there still had not lost the weight that
- 28:47she had gained during her pregnancy and
- 28:49that had led her by June 5th 1996 to
- 28:53begin taking pills in order to try and
- 28:55get back that figure she was no longer
- 28:59the Glamorous blonde center of attention
- 29:01by that date by this time Drake was
- 29:04eight months old Drake Devin and Damon
- 29:07were taking up more and more of her time
- 29:09and by this time she was becoming angry
- 29:12because in fact her lifestyle that she
- 29:15had grown accustomed to the vacations
- 29:17the buying sprees the nice things the
- 29:21freedom those things were starting to go
- 29:23away a unquote during the trial several
- 29:27people would testify for the prosecution
- 29:29speaking to the character of darlie
- 29:31Routier and most importantly her
- 29:33behavior as a mother this included
- 29:35testimony by Alison Hennessey who told
- 29:38the jury that she witnessed Darley
- 29:39routinely allow her very young children
- 29:42to play outside near the street
- 29:44unsupervised including allowing their
- 29:47babysitter to drink alcohol and smoke
- 29:49cigarettes despite the fact that she was
- 29:51only 16 years old
- 29:53a neighbor Eileen Shermer also testified
- 29:56for the state and against Darley
- 29:58concerning an incident where in the
- 30:00summer of 1994 the routers had invited
- 30:03her and her children out to the lake on
- 30:05their boat
- 30:06the Routier boys were only four and five
- 30:09years old and were not yet competent
- 30:11swimmers Eileen attempted to express
- 30:13concern to Darley about the fact that
- 30:15they weren't wearing life preservers but
- 30:18were still allowed to run around the
- 30:19docks unsupervised Eileen would testify
- 30:22that neither Darley nor Darren seem to
- 30:25pay any attention to her concerns about
- 30:27their children's safety she would go on
- 30:30to testify about how she too had seen
- 30:32the children running around outside
- 30:34unsupervised even going out of view of
- 30:37Darley riding their bikes in the street
- 30:39where they could have easily been
- 30:41injured by oncoming cars Eileen
- 30:43explained to the jury that when she
- 30:45expressed these concerns to Darley she
- 30:48was met with a cold and muted antipathy
- 30:50virtually ignoring her concerns
- 30:52altogether
- 30:54several other instances were discussed
- 30:56at trial that seemed to paint darly as a
- 30:58cold at times unkind and borderline
- 31:01abusive distant mother someone who
- 31:04appeared to lack the attentiveness and
- 31:06Care indicative of a loving and
- 31:08responsible mother
- 31:11two minutes into Darley routier's
- 31:14initial phone call to 9-1-1 she's
- 31:16clearly heard giving her initial
- 31:18description of an alleged Intruder she
- 31:20explains that he attacked her children
- 31:22then her that she was fighting with him
- 31:25and then he ran out through the garage
- 31:27throwing the knife down as he fled
- 31:30a short time later after Darley is told
- 31:32by the 911 operator not to touch
- 31:34anything we hear Darley making a highly
- 31:37unusual comment about having already
- 31:39picked up the knife saying and I quote
- 31:42God I bet if we could have gotten the
- 31:44prince maybe prosecutors shook explained
- 31:48to the jury just how problematic that
- 31:50comment was chiding Darley a mother who
- 31:53had just somehow slept through the
- 31:55vicious and brutal attack of her two
- 31:58young boys a sleep mere feet away while
- 32:00it transpired and is now minutes later
- 32:03seemingly more concerned about the
- 32:05alleged intruder's fingerprints than she
- 32:07is her own critically wounded children
- 32:10Darley had even described herself as a
- 32:13light sleeper and had told law
- 32:14enforcement that she went to sleep
- 32:16downstairs that evening precisely
- 32:18because of the fact that baby Drake woke
- 32:20her up so often throughout the night but
- 32:23when Darley would eventually testify
- 32:25during the trial she was unable to
- 32:27provide any explanation for how she
- 32:30could have stayed asleep during this
- 32:33brutal attack but most problematic to
- 32:35darley's case were the inconsistencies
- 32:38and ongoing alterations to her version
- 32:40of events and prosecutors were able to
- 32:43demonstrate to the jury how darley's
- 32:45story frequently changed over time what
- 32:48she had initially told the 911 operator
- 32:50had changed to something entirely
- 32:52different less than 48 hours later when
- 32:55she provided her initial statement to
- 32:57law enforcement in her written statement
- 32:59she now describes being woken up by
- 33:02Damon pressing on her right shoulder
- 33:03hearing him cry and then realizing that
- 33:06a man that she couldn't even describe
- 33:08was standing at the foot of her couch
- 33:11there was no mention of the fight that
- 33:13she had described in her initial call to
- 33:159-1-1 and unfortunately for her
- 33:18prosecutors would outline every new and
- 33:21altered iteration of her story to the
- 33:23jury which by all accounts was a story
- 33:25that changed eight different times
- 33:28darley's defense in response to these
- 33:31issues could effectively be described as
- 33:33Amnesia but the problem with that
- 33:35defense was Darley herself because in
- 33:38the weeks following the brutal attacks
- 33:40Darley would send letters to friends and
- 33:43family members with a more detailed
- 33:45description of the attacker including
- 33:47accusations of a specific person that
- 33:50she believed had to have been
- 33:51responsible but at her trial Darley
- 33:55would admit that he could not have been
- 33:56the perpetrator and her defense claims
- 33:59of Amnesia became virtually impossible
- 34:01to defend
- 34:05one of the most highly problematic
- 34:07elements of darley's trial arose from
- 34:09the testimony of First Responders
- 34:12prosecutors were able to establish from
- 34:14officer Waddell's testimony as well as
- 34:16the tape 9-1-1 recording that upon
- 34:19arriving he instructed Darley to apply
- 34:21pressure to Damon's wounds officer
- 34:24Waddell testified that she seemingly
- 34:26ignored his instruction choosing instead
- 34:29to remain focused on the 9-1-1 call and
- 34:32her own injuries
- 34:33a short time later he would again tell
- 34:35her to get towels to help treat Damon's
- 34:38injuries something that can be heard
- 34:40during the recorded call but again
- 34:42Darley would not respond and continue to
- 34:45hold a towel to her own neck now this
- 34:49would be challenged by the defensive
- 34:50trial including testimony from both
- 34:52Darley and Darren claiming that Darley
- 34:54had been wetting towels and placed them
- 34:56on Damon's back prior to officer
- 34:58Waddell's arrival Darren would also
- 35:01testify that Darley had helped him hold
- 35:03Damon's back wounds while he was
- 35:05providing first aid prior to the First
- 35:07Responders arrival however during the
- 35:10trial the paramedic who was first to
- 35:12enter the scene testified that he saw no
- 35:15towels on Damon from the moment he
- 35:18walked through the door and this
- 35:20testimony would have a profound effect
- 35:22on the jury because by this point they
- 35:25had already heard considerable
- 35:26circumstantial evidence of darley's
- 35:29questionable Behavior as a mother prior
- 35:31to the events of June 6 but what
- 35:34continued to work against darley's
- 35:36defense was the incontrovertible fact
- 35:38that if her story was true that she had
- 35:41slept through the attacks and then
- 35:44failed to provide first aid to her
- 35:46Gravely injured Sons now I wanted to
- 35:49take a brief moment to provide you with
- 35:51some insight into my analysis at this
- 35:54moment of my investigation when I began
- 35:57reviewing the extensive history of this
- 35:59case I intentionally started with the
- 36:02various documentaries podcasts and
- 36:04YouTube videos that are firmly in
- 36:06support of her guilt I wanted to know
- 36:09all of the primary issues that have been
- 36:11brought against her before I thoroughly
- 36:13reviewed the claims of her innocence and
- 36:16I intentionally began this way because
- 36:18that was always how I approached any
- 36:21client's case that I worked on in my
- 36:23legal career I would want to know
- 36:25exactly what I was up against before I
- 36:28started any work on developing a legal
- 36:30strategy for trial
- 36:32but if I'm being completely transparent
- 36:35when I arrived at this part of darley's
- 36:37case being a father of three young
- 36:40children I could not reconcile these
- 36:43issues a mother who tells the world that
- 36:46she's a sound sleeper who intentionally
- 36:48goes downstairs to sleep with her boys
- 36:51precisely because she wakes up so easily
- 36:54is then somehow asleep through the
- 36:56brutal attacks of her children and the
- 36:59attacks against her as well I understood
- 37:02why so many people are so passionate
- 37:05about their belief of her guilt stemming
- 37:07from this issue alone but that is
- 37:10exactly why I intentionally chose to
- 37:13remain objective why I removed my own
- 37:16personal feelings and chose instead to
- 37:18continue to follow the evidence no
- 37:20matter where it LED and while we are
- 37:23still making our way through the state's
- 37:25case against her remember we are not
- 37:27even close to being done yet so let's
- 37:30continue
- 37:33James cron was an experienced crime
- 37:36scene investigator who had worked on
- 37:38thousands of cases during his
- 37:40significant 39-year career but prior to
- 37:43the events that had transpired the
- 37:45morning of June 6 that the Routier home
- 37:47he had already gone into retirement
- 37:49however when the Rowlett Police
- 37:52Department's leadership became aware of
- 37:54the size and scope of the crime scene at
- 37:565801 Eagle Drive they reached out to Mr
- 38:00cron and asked him to come out of
- 38:02retirement and he agreed during the
- 38:05trial he would testify that within 20 to
- 38:0730 minutes of arriving at the rootier
- 38:09home he developed a strong suspicion
- 38:11that the crime scene had signs of being
- 38:13staged and that their primary suspect
- 38:16was likely Darley herself crime scene
- 38:19analysts began to survey the scene
- 38:21taking into account the verbal
- 38:23statements that Darley had provided the
- 38:25911 operator as well as the law
- 38:27enforcement officers who had arrived
- 38:29shortly thereafter initially Crown would
- 38:32noticed that the living room coffee
- 38:33table appeared to have been moved that
- 38:36there was broken glass on the kitchen
- 38:37floor as well as a vacuum cleaner that
- 38:40was now laying on its side but he would
- 38:43eventually come to the conclusion that
- 38:45coupled with the blood evidence found
- 38:46underneath these items that they could
- 38:49not have occurred without purposeful
- 38:50intent and expressly for the purposes of
- 38:54staging the scene investigator cronwood
- 38:57testified that he and his team were
- 38:58unable to locate the kind of evidence
- 39:01consistent with the struggle in the
- 39:03manner that Darley had described
- 39:05furthermore they had not found blood
- 39:07evidence in the garage or the kind of
- 39:09shoe pattern evidence that you would
- 39:11expect to see from an intruder fleeing
- 39:13the scene either in the garage Disturbed
- 39:16dust from the windowsill impressions in
- 39:18the mulch or blood evidence that they
- 39:20would expect to find from an intruder on
- 39:23the gate leading out of the Routier
- 39:25backyard in the weeks and months
- 39:27following the crime forensic analysts
- 39:29for the state would eventually test the
- 39:31various evidence taken from the crime
- 39:33scene and they were unable to locate any
- 39:36foreign DNA from anyone other than the
- 39:39Routier family during the trial the lack
- 39:42of evidence supporting darley's claims
- 39:44was compounded by the fact that her
- 39:46lawyer failed to provide anything to the
- 39:48jury that would counter the state's
- 39:50expert testimony who had provided
- 39:52forensic evidence that refuted
- 39:57the forensic evidence found at the
- 39:59Routier home has largely been viewed as
- 40:01some of the most compelling brought
- 40:03forward by the prosecution during
- 40:05darley's trial I could very easily spend
- 40:09several hours discussing it in great
- 40:11detail but for the sake of brevity and
- 40:14so that this video isn't 14 hours long I
- 40:16will cover the main points if you recall
- 40:19when investigator cron arrived at the
- 40:21scene he noticed a few things that he
- 40:23believed were out of place Chief among
- 40:26them was the broken wine glass the
- 40:28vacuum cleaner and the visible blood
- 40:30evidence that didn't seem to match
- 40:32darley's story during the 9-1-1 call
- 40:34Darley had mentioned that the Intruder
- 40:36had dropped the knife in their utility
- 40:38room as he ran out of the house into the
- 40:41garage but during kron's investigation
- 40:43he noticed that there wasn't a blood
- 40:45pattern consistent with a knife having
- 40:47been dropped from any height let alone
- 40:49the height of a man who Darley would
- 40:51later describe as being over six feet
- 40:53tall furthermore the broken wine glass
- 40:56would again failed to support darley's
- 40:58statements she had previously explained
- 41:01that while running towards the Intruder
- 41:03she had heard glass break however when
- 41:05crime scene investigators found the
- 41:07glass they noticed that it was on top of
- 41:10the blood evidence which suggested that
- 41:13the glass was broken after she had
- 41:15already been injured by what the state
- 41:17believed was a self-inflicted wound the
- 41:20same pattern was found by KRON when he
- 41:22evaluated the evidence around and
- 41:25beneath the vacuum cleaner which also
- 41:27had blood evidence and glass underneath
- 41:29it evidence that would again support the
- 41:32state's theory that it had been moved
- 41:34after the fact in an effort to try and
- 41:36Stage the scene to show evidence
- 41:39consistent with an intruder but it's
- 41:41what crime scene analyst found in the
- 41:44kitchen that brought the prosecution's
- 41:46primary case against Darley into
- 41:48overdrive forensic analysts were able to
- 41:51use luminol around the kitchen sink that
- 41:54showed trace evidence consistent with
- 41:56someone in the router home cleaning up
- 41:59areas of the crime scene prosecutors
- 42:01would use this as proof that Darley had
- 42:04intentionally inflicted her own wounds
- 42:06staged the crime scene and quickly tried
- 42:09to clean it up before law enforcement
- 42:11could arrive but easily some of the most
- 42:14compelling evidence that was presented
- 42:16to the jury as the indisputable proof of
- 42:19darley's guilt would come from the
- 42:20family kitchen knife block analysts for
- 42:23the prosecution would testify that the
- 42:25bread knife found within it had tested
- 42:28positive for trace evidence in the form
- 42:30of fiberglass rods that prosecutors
- 42:33would explain to the jury were identical
- 42:35to the screen window fiberglass rods
- 42:38found in the family's garage and with
- 42:41this forensic evidence in hand the state
- 42:43would assert that this knife had to have
- 42:46been used to cut the garage screen door
- 42:48which would completely eliminate the
- 42:51possibility of an intruder since an
- 42:53intruder would have needed the bread
- 42:55knife to gain entry into the rootier
- 42:57home and as a consequence of this
- 43:00devastating forensic evidence it by
- 43:03extension would only further support the
- 43:05idea that Darley had staged the crime
- 43:07scene herself while the defense did
- 43:10cross-examine various State Witnesses
- 43:12and experts they were largely
- 43:14unsuccessful in providing any
- 43:16explanation to the jury that would
- 43:18explain the enormity of the evidence
- 43:20against their client but there was still
- 43:22additional evidence that would become
- 43:24far more important to the jury an
- 43:27unstoppable train picking up speed on a
- 43:30one-way destination headed straight for
- 43:33Darley Routier
- 43:37one of the most considerable hurdles the
- 43:40prosecution laid for the defense was the
- 43:42differentiation between the catastrophic
- 43:44injuries sustained by Damon and Devin
- 43:46and the Fairly minor injuries Darley
- 43:48suffered the prosecution would call the
- 43:51various treating medical providers to
- 43:53the stand who testified to the fact that
- 43:55darley's neck wound was entirely
- 43:57superficial the treating providers would
- 44:00also testify that the depth of her neck
- 44:02injury was minor enough that would only
- 44:04require minor stitching to close and was
- 44:07nowhere near the severity of what the
- 44:09rootier boys had suffered during their
- 44:12testimony it was regularly repeated that
- 44:15her injuries were superficial a term
- 44:17that was used so frequently in relation
- 44:19to darley's injuries that nearly 30
- 44:21years later it is one of the most widely
- 44:24known facts portrayed about darley's
- 44:26case additionally experts would testify
- 44:29at trial that her injuries appeared to
- 44:31have been self-inflicted when compared
- 44:34to the evidence at the crime scene
- 44:35darley's story was the that she had
- 44:38sustained the injury to her neck while
- 44:40still laying on the couch but during
- 44:42trial prosecutors would point out to the
- 44:44jury the lack of blood evidence on the
- 44:46couch that in any way supported her
- 44:48claim when taken in tandem with what
- 44:51investigators found at the sink which
- 44:53included extensive amounts of pooled
- 44:55blood evidence prosecutors explained to
- 44:57the jury that this was consistent with a
- 45:00self-inflicted injury over the kitchen
- 45:02sink that was entirely superficial and
- 45:06nowhere near the severity of what Damon
- 45:08and Devin endured now to those of you
- 45:11who have previously watched my content
- 45:13you are already likely aware of the fact
- 45:15that I intentionally steer away from
- 45:18discussing details that are
- 45:20uncharacteristically unsafe for young
- 45:22audiences there are a number of reasons
- 45:25why I do this but most of all it is to
- 45:28honor the victims in this case
- 45:30since beginning this channel late last
- 45:32year I have received dozens of comments
- 45:34from mothers and fathers alike who have
- 45:36thanked me for creating content with
- 45:38that in mind content that they are often
- 45:41able to enjoy in the company of their
- 45:43children and I will continue to make
- 45:46this my focus for many years to come
- 45:48here on YouTube now to those who are
- 45:51already familiar with this case you are
- 45:53likely already aware of the specific
- 45:55details of what happened to the Routier
- 45:57boys which has been discussed at length
- 46:00by virtually every documentary that has
- 46:02ever covered this horrific tragedy
- 46:04frankly I don't want to contribute to
- 46:07that in this video however to those who
- 46:10are interested in studying this case
- 46:12further I will provide additional
- 46:14resources in the description for your
- 46:16own personal analysis but I will simply
- 46:19say this what happened on June 6 1996 is
- 46:24an unimaginable and horrific tragedy and
- 46:27before I'm done with this video I will
- 46:29do my best to honor the lives of Damon
- 46:33and Devin Routier and the happy joyful
- 46:36and full lives they lived so with that
- 46:39said let's continue
- 46:44one of the most important moments of any
- 46:48jury trial is the closing arguments a
- 46:51well-prepared closing can make or break
- 46:54your case and no one understands that
- 46:56better than prosecutor Jeff Ashton by
- 47:00the time he stood in front of the jury
- 47:02he was so thoroughly convinced that he
- 47:04had won them over that he had succeeded
- 47:07in establishing the guilt of the
- 47:08defendant that he didn't even bother to
- 47:11try and establish the most important
- 47:13part of his case guilt proven Beyond any
- 47:18reasonable doubt many who have watched
- 47:20his closing arguments have noted that he
- 47:23appears arrogant overly confident and
- 47:26even seems to condescend to anyone who
- 47:29might think that the state had not
- 47:30succeeded improving their case and I
- 47:33imagine that was precisely why he was
- 47:36completely shocked when the jury read
- 47:38their verdict
- 47:40as to the charge of first-degree murder
- 47:42verdict as to count one we the jury find
- 47:45the defendant not guilty a talented and
- 47:48experienced prosecutor understands that
- 47:51a well-constructed case is built on the
- 47:53foundation of evidence forensics expert
- 47:56Witnesses and facts but every prosecutor
- 47:59above all else wants something even more
- 48:02difficult to achieve winning the hearts
- 48:05and minds of the jury it is an unspoken
- 48:09rule I have witnessed in more jury
- 48:11trials than most people will see in the
- 48:13entirety of their lives but when a
- 48:15prosecutor succeeds in captivating the
- 48:18jury guilt Beyond any reasonable doubt
- 48:21is sure to follow guilty verdict signed
- 48:25by the four lady three two twenty three
- 48:29so when closing arguments began in the
- 48:32darly Routier case the jury would first
- 48:34hear from prosecutor Toby shook he took
- 48:37it upon himself to do the heavy lifting
- 48:40by summarizing the evidence that the
- 48:42state had brought against Darley over
- 48:43the preceding five weeks he reminded the
- 48:47jury about the changing stories Darley
- 48:49told law enforcement medical
- 48:50professionals family members and even
- 48:53people she barely knew at least eight
- 48:56different times he explained the
- 48:58conflicting evidence found at the scene
- 49:00and the forensic experts who had
- 49:03testified to finding evidence consistent
- 49:05with the crime scene having been staged
- 49:07prior to law enforcement's arrival he
- 49:10reminded them of the testimony that
- 49:12established darley's pension for the
- 49:14Finer Things in life her tendency to be
- 49:16materialistic money driven and then told
- 49:19them that it was the state's opinion
- 49:21that this blonde bombshell who had paid
- 49:23two thousand dollars for breast
- 49:25augmentation had become so blinded by
- 49:28her pursuit of money
- 49:29she was willing to do the Unspeakable in
- 49:32exchange for her freedom and for the ten
- 49:35thousand dollars in Combined life
- 49:37insurance policies he recapped the
- 49:40financial problems the couple had come
- 49:42upon that they were on the brink of
- 49:43having their house foreclosed upon that
- 49:46they were virtually broke and that
- 49:47Darren's business was seemingly barely
- 49:50Treading Water he Revisited the stories
- 49:53of darley's apathy towards her own
- 49:55children after law enforcement had
- 49:57arrived at the scene and the stories of
- 49:59those who testified that she never asked
- 50:01about the condition of either Damon or
- 50:03Devin that despite the fact that Darley
- 50:06had needed surgery that her wounds were
- 50:08entirely superficial and that she was
- 50:10only ever in the ICU as a means to keep
- 50:13her away from the throngs of reporters
- 50:15and the public who had taken immediate
- 50:18interest in her case he told the jury
- 50:21again to remember the testimony from the
- 50:23medical professionals who had described
- 50:25Darley as whiny with a flat affect not
- 50:29acting like a strut and heartbroken
- 50:31mother who had just lost her two eldest
- 50:33boys but rather like an uncaring and
- 50:36disconnected monster who must have been
- 50:39responsible for the crime prosecutors
- 50:42shook reminisced with the jury
- 50:43concerning the testimony that came from
- 50:45blood expert Tom Beville who had
- 50:47testified to the blood drops on darley's
- 50:50shirt that he believed were consistent
- 50:52with Darley having held the knife during
- 50:54the commission of the crime he discussed
- 50:57the fact that the routier's dog who was
- 50:59known to bark at everyone the moment
- 51:01they stepped through the door had
- 51:03remained quiet throughout the entirety
- 51:05of the vicious attack how the security
- 51:07light in the backyard was not seen on at
- 51:10the time First Responders arrived and
- 51:12would have had to have been if an
- 51:14intruder had gone through the backyard
- 51:16since it would stay on for 18 minutes
- 51:18after it was triggered and how nothing
- 51:21in the house not even the pile of
- 51:24jewelry sitting in plain view was ever
- 51:27touched he again reminded the that
- 51:30darley's injuries were minor when
- 51:32compared to those that her children
- 51:33suffered he discussed the unlikeliness
- 51:36of an intruder breaking into the Routier
- 51:38home without bringing a weapon instead
- 51:41taking one from the routier's kitchen
- 51:43something that was described as not only
- 51:45being improbable but virtually
- 51:47impossible he talked about darley's best
- 51:51friend of a decade Barbara jovell and
- 51:53how she testified to how money changed
- 51:56Darley how she became self-centered
- 51:58buying an extensive jewelry collection
- 52:01decorating her home buying boats a spa
- 52:04cars and that she was the dominant Buxom
- 52:08blonde who spent thousands of dollars
- 52:10augmenting her body that she was more
- 52:13than happy to show off to the world
- 52:15prosecutors shook reminded the jury of
- 52:18one of the most damning pieces of
- 52:19evidence that darley's own defense team
- 52:22had failed to properly explain her
- 52:25journal entry where she effectively told
- 52:27her family goodbye that she just
- 52:30couldn't keep going anymore apologizing
- 52:33for what she was about to do and then a
- 52:36month later the unimaginable however
- 52:39it's in the final moments of his closing
- 52:42arguments that prosecutors shook place
- 52:44the final nail in the outer frame of
- 52:46darley's coffin when he reminded them of
- 52:50the now Infamous Silly String video a
- 52:53video that the jury was about to watch
- 52:55and re-watch seven different times
- 52:58during their four hour deliberation a
- 53:01video that jurors would later admit
- 53:04carried more weight in their minds than
- 53:06virtually anything else that had been
- 53:08presented by the prosecution later on
- 53:12that same day Prosecutor Greg Davis
- 53:14would have the opportunity to provide
- 53:16the jury with his own closing statement
- 53:18but he wouldn't spend his time regaling
- 53:21the jury over the minutia of the factual
- 53:23evidence nearly as much as he would try
- 53:25to achieve the one thing the state had
- 53:28wanted from the very very beginning
- 53:31hearts and Minds in his closing remarks
- 53:34he compared Darley to the likes of Susan
- 53:37Smith a case that had also featured a
- 53:39mother who had initially claimed that
- 53:41someone else had been responsible for
- 53:43the Unspeakable acts against her
- 53:45children only to find out that she had
- 53:48been responsible all along the Susan
- 53:51Smith case had inflamed a wildfire of
- 53:53vitriol and anger from the general
- 53:55public and prosecutor Davis made certain
- 53:58to draw that comparison to his defendant
- 54:01who was still insisting on her innocence
- 54:03in his closing he also compared her to
- 54:07the likes of Charles Manson taking time
- 54:09to remind the jury of darley's failures
- 54:12as a mother the morning of June 6th
- 54:14failing to help her children despite
- 54:17being instructed to do so by First
- 54:20Responders but it was towards the end of
- 54:22his impassioned speech that he turned
- 54:25away from the jury and took aim at
- 54:27Darley herself in a way that was
- 54:29designed to get her to respond
- 54:32prosecutor Davis understood that the
- 54:35state's case lacked a clear and
- 54:37uncontestable motive but if he could
- 54:39somehow get Darley to show the jury a
- 54:42moment of rage then he could prove that
- 54:45she was capable of the crimes for which
- 54:47she now stood trial these are some of
- 54:50the final words of Prosecutor Greg
- 54:52Davis's closing statements
- 54:54quote you know she did it and the
- 54:57defense keeps saying that I didn't show
- 54:59you why she did it and I think I did we
- 55:03have a pretty good snapshot look at what
- 55:05This Woman's life was like back then it
- 55:08was so desperate that on May 3rd 1996 in
- 55:11this beautifully normal American home
- 55:13with no problems in it this woman is
- 55:16contemplating ending her own life you
- 55:19know it wasn't good there you know the
- 55:22pressures we're building up with the
- 55:23children
- 55:24you know she was unhappy that she hadn't
- 55:26had a girl she was unhappy with her
- 55:29weight and her appearance
- 55:31and she's unhappy that she's not getting
- 55:33the attention from her husband that she
- 55:35wants to get and she is unhappy about
- 55:37their financial situation
- 55:40unquote in his final words he described
- 55:43what the state believed happened that
- 55:45night in the Routier home in graphic and
- 55:48painstaking detail after describing for
- 55:51the jury what the state believed Darley
- 55:54had done he took aim and fired his most
- 55:56direct shot telling the jury that she
- 55:59was the one who was responsible for
- 56:01everything that happened to Devin and
- 56:03Damon Routier that morning and after 45
- 56:06minutes of listening to his Onslaught
- 56:09against her Darley broke in an
- 56:11uncontrolled Outburst shouting back liar
- 56:15you are a liar I did not end the lives
- 56:18of my children
- 56:19and with that Outburst prosecutor Davis
- 56:22had won he had succeeded in ringing a
- 56:26bell that could not be unrung it was
- 56:29then that he looked at the jury having
- 56:31shown them her anger in a way that no
- 56:33amount of evidence could and in that
- 56:36moment he achieved everything he could
- 56:39have wanted in the prosecution of darlie
- 56:42Lynn Routier the hearts and minds of the
- 56:46jury this was one of the very last
- 56:49things I read in the trial record of
- 56:51darley's case and I can still remember
- 56:53when I read this interaction between
- 56:55Darley and prosecutor Davis it made
- 56:58sense to me in that moment why so many
- 57:00people who have studied the details
- 57:02surrounding this case hear the evidence
- 57:05that we just covered and are absolutely
- 57:07convinced of darley's guilt it does it
- 57:10makes sense why so many people believe
- 57:12that there is no need to go beyond this
- 57:15because the case the state brought
- 57:17against Darley at trials seems truly
- 57:19independent defensible in fact you won't
- 57:22find any large True Crime creators on
- 57:24this platform who have covered her case
- 57:26that will even attempt to
- 57:28comprehensively discuss the claims of
- 57:30her innocence but I wanted to go there I
- 57:33needed to go behind this criminal's mind
- 57:36so that I could see for myself what if
- 57:39anything I would find because when I
- 57:42started this I like so many of you
- 57:44believed that she was guilty but I also
- 57:48had nearly 30 years of legal experience
- 57:50that had taught me to never assume what
- 57:53I know until I fairly evaluate the
- 57:56entirety of any defendant's case from
- 57:59the perspective of the governing rules
- 58:01of criminal procedure the case law and
- 58:04all of the available evidence and it's
- 58:07precisely because of that experience
- 58:09that I learned about the abundance of
- 58:11cases where people who were once found
- 58:14guilty Beyond any reasonable doubt were
- 58:17then later determined to be innocent
- 58:19after the discovery of new evidence
- 58:21people who were once condemned convicted
- 58:24and sentenced to death row by the
- 58:26justice system only later to find that
- 58:29they were telling the truth all along it
- 58:32taught me to find the highest degree of
- 58:35certainty in a case before I make my own
- 58:38determination of guilt or innocence so
- 58:41now that we have evaluated the evidence
- 58:44brought forth by the state we will now
- 58:46review the defense of darlie Routier
- 58:53one of the most inescapable realities
- 58:56for any criminal defense attorney in a
- 58:58high-profile criminal trial is the
- 59:01unavoidable impact of the Public's
- 59:03perception in a highly media saturated
- 59:06case this problem is often compounded
- 59:09when that defendant has already received
- 59:12widespread negative media attention and
- 59:14as a consequence The public's opinion
- 59:16now leans heavily towards their guilt it
- 59:19is one of the main reasons why juries
- 59:21are regularly instructed by the
- 59:23presiding judge on the laws that govern
- 59:25their decisions specifically their
- 59:28inherent biases and the importance of
- 59:30their objectivity however even with
- 59:33these instructions and rules it is not
- 59:35uncommon to find that jurors will
- 59:37subvert the governing guidelines upon
- 59:39them and allow their biases to dictate
- 59:42how they will ultimately rule
- 59:45orenthal Jane Simpson not guilty of the
- 59:47crime of murder in violation of penal
- 59:49code section 187 a a felony upon Nicole
- 59:53John Simpson a human being as charged
- 59:55and count one of the information
- 59:57over the years we have become more aware
- 59:59of the impact that the media and public
- 1:00:02perception can have in a criminal action
- 1:00:04simply by virtue of the shared number of
- 1:00:07people who have been exonerated and
- 1:00:09found to have been innocent of the
- 1:00:11crimes for which they were previously
- 1:00:12convicted
- 1:00:14since 1973 at least
- 1:00:17190 people have been exonerated from
- 1:00:20Death Row due to Newfound evidence
- 1:00:22advancements in forensics and the
- 1:00:25discovery of new technologies that have
- 1:00:27led to Scientific breakthroughs like DNA
- 1:00:31190 people who were placed on death row
- 1:00:34for a crime they did not commit is an
- 1:00:38absolutely staggering number and yet
- 1:00:41within the capital punishment system of
- 1:00:43our country there is a far darker
- 1:00:46reality an ominous truth that is
- 1:00:48inextricably linked to those
- 1:00:50exonerations in a way that for me is
- 1:00:53simply impossible to reconcile
- 1:00:56in 2021 lawyers from the Innocence
- 1:00:58Project went public with a story that
- 1:01:01did not receive the press or attention
- 1:01:03that it deserved for 22 years Ladell Lee
- 1:01:07maintained his innocence a man who had
- 1:01:09been convicted of first-degree homicide
- 1:01:12and was now in his final days on death
- 1:01:14row his lawyers had done everything in
- 1:01:17their power to petition the court to
- 1:01:19conduct testing on the primary evidence
- 1:01:22that led to his conviction evidence that
- 1:01:25had never been DNA tested but the state
- 1:01:28and judicial authorities refused his
- 1:01:30appeals claiming that it was merely a
- 1:01:33stall tactic and as the final seconds
- 1:01:35ran off the clock Liddell Lee's death
- 1:01:38warrant was signed and the state ended
- 1:01:41his life normally that is where these
- 1:01:43cases end people don't usually advocate
- 1:01:46for convicted felons who have already
- 1:01:48been executed by the state but his
- 1:01:51family and lawyers from both the ACLU
- 1:01:53and the Innocence Project refused to
- 1:01:55give up but their request for testing of
- 1:01:58the murder weapon was eventually granted
- 1:02:01and what that testing revealed was and
- 1:02:05is completely devastating the DNA taken
- 1:02:09from the murder weapon did not belong to
- 1:02:11Liddell Lee evidence that was never
- 1:02:14tested that could have proved his
- 1:02:16innocence definitively showed that the
- 1:02:18state had executed the wrong man an
- 1:02:22innocent man and that for the 22 years
- 1:02:25that Liddell Lee insisted that he was
- 1:02:27innocent that in fact he had been
- 1:02:30telling the truth all along the day
- 1:02:33before his execution he spoke with the
- 1:02:35BBC in an interview he expressed his
- 1:02:38exasperation with what he had been
- 1:02:40forced to endure liking it to the
- 1:02:42Twilight Zone and most tragic of all was
- 1:02:45that even though he knew what he was
- 1:02:48about to face his deepest concern in
- 1:02:50that moment wasn't himself but rather
- 1:02:53his family and the pain that he knew
- 1:02:56knew that they would suffer because of a
- 1:02:58crime that he did not commit but of all
- 1:03:01the tragedy that came from this case it
- 1:03:04was his final words to the BBC that will
- 1:03:06stay with me for many years to come
- 1:03:09he said my dying words will always be as
- 1:03:13it has been I am an innocent man the
- 1:03:18tragic case of Liddell Lee helped to
- 1:03:20reveal an unimaginable reality that
- 1:03:23defendant standing trial are far too
- 1:03:25often believed to be guilty until proven
- 1:03:28innocent many including the jury often
- 1:03:32assume that they wouldn't be their
- 1:03:34standing trial if they hadn't done
- 1:03:36something to Merit the charges in the
- 1:03:38first place and once someone is believed
- 1:03:41to be guilty especially after a
- 1:03:43conviction then the criminal justice
- 1:03:45system the appellate courts and the
- 1:03:48general public tend to dismiss claims of
- 1:03:50unfairness we tend to ignore the
- 1:03:52assertions that mistakes were made by
- 1:03:54law enforcement at trial or by
- 1:03:57overzealous prosecutors and far too
- 1:04:00often we as a whole err on the side that
- 1:04:03the system must have gotten it right and
- 1:04:05as a consequence we simply throw away
- 1:04:08the key but even a defendant as heinous
- 1:04:11as Charles Manson if they are not
- 1:04:14afforded a proper defense at trial then
- 1:04:16as a consequence of that failure to
- 1:04:19adequately defend even the likes of him
- 1:04:21then those mistakes open up a Pandora's
- 1:04:24box of appeals and delays that last for
- 1:04:28decades so even if you're of the opinion
- 1:04:31that the person standing trial is a vile
- 1:04:34odious and Despicable monster who does
- 1:04:36not deserve to breathe air you want that
- 1:04:39person to have the most competent and
- 1:04:42thorough representation possible
- 1:04:44precisely because of the fact that a
- 1:04:46failure to do so will virtually
- 1:04:48guarantee that their case will remain
- 1:04:51stuck in the appeals process for the
- 1:04:53entirety of their natural life but
- 1:04:56that's the thing about capital murder
- 1:04:58cases that involve the death penalty
- 1:05:00there are no do-overs once the death
- 1:05:03warrant has been signed and carried out
- 1:05:05there is no opportunity to go back to
- 1:05:09apologize and to get it right and it's
- 1:05:12for that very reason that I went into my
- 1:05:15assessment of darley's Innocence
- 1:05:16open-minded willing to critically
- 1:05:19evaluate each of the claims of her
- 1:05:21innocence on their merits and without my
- 1:05:24own personal bias and my hope is that as
- 1:05:27I take you through her defense you'll
- 1:05:30understand exactly why I believe that
- 1:05:32there is more to this case than what was
- 1:05:34brought forth at trial so without
- 1:05:36further Ado this is the defense of
- 1:05:39darlie Routier
- 1:05:41one of the very first things I learned
- 1:05:43as a Junior law clerk at my very first
- 1:05:45law firm was the overwhelming importance
- 1:05:48of a comprehensive understanding of your
- 1:05:51client's case and ensuring that you have
- 1:05:54all the time needed in order to be amply
- 1:05:57prepared for trial over the years I
- 1:06:00would learn many important Tools in an
- 1:06:03effective and competent lawyer's Arsenal
- 1:06:05that would provide every client with the
- 1:06:08best possible chance at a successful
- 1:06:10outcome
- 1:06:11but as anyone who has ever worked in the
- 1:06:13legal Community knows there are vitally
- 1:06:16important things that you should do in
- 1:06:18the defense of your client and equally
- 1:06:21important things that you should not do
- 1:06:23one of the first and most glaring
- 1:06:25problems that I noticed in darlie
- 1:06:27routier's case was the overwhelming
- 1:06:29evidence that her defense team failed in
- 1:06:32spectacular fashion to provide the
- 1:06:34representation expected of counsel
- 1:06:37defending their client against the death
- 1:06:40penalty but in order to properly
- 1:06:42understand these issues we need to
- 1:06:44evaluate each of the critical mistakes
- 1:06:46that were made in darley's defense
- 1:06:53in the days following darley's arrest
- 1:06:55the court would assign public defender
- 1:06:58attorney Douglas Parks to represent
- 1:07:00Darley in her upcoming jury trial over
- 1:07:03the course of the next four months
- 1:07:05attorney parks would proceed with the
- 1:07:07preparation of his client's case but in
- 1:07:10early October he would discover that
- 1:07:12darley's family were in the final stages
- 1:07:14of firing him choosing instead to
- 1:07:17replace him with the exceedingly more
- 1:07:19popular and well-known criminal defense
- 1:07:22attorney Douglas Mulder attorney Mulder
- 1:07:25was a very well respected criminal
- 1:07:27defense lawyer known throughout the
- 1:07:29entire state of Texas Early in his
- 1:07:32career he became a prosecutor whose
- 1:07:34tenacious nature would earn him the
- 1:07:36nickname Mad Dog Mulder and his
- 1:07:39conviction rate was so high that he
- 1:07:41would send two dozen people to death row
- 1:07:44in his time at the District Attorney's
- 1:07:46office but eventually he would switch
- 1:07:49sides and would go on to represent some
- 1:07:51of the most widely publicized criminal
- 1:07:54cases throughout the entire state of
- 1:07:56Texas by the time that attorney Mulder
- 1:07:59would take the lead in darley's case he
- 1:08:01was already down to the wire now it
- 1:08:04cannot be overstated just how
- 1:08:05considerable of a problem he would have
- 1:08:07with only nine weeks to prepare for the
- 1:08:11month-long jury trial in fact over the
- 1:08:14last few months I have consulted with
- 1:08:16former colleagues who are still
- 1:08:18practicing criminal defense litigation
- 1:08:20many of whom are some of the best
- 1:08:22litigators in their field men and women
- 1:08:25who have defended people facing similar
- 1:08:27charges and all of them have agreed
- 1:08:30unanimously that nine weeks for a
- 1:08:33capital murder case of this magnitude is
- 1:08:35not only insufficient but virtually
- 1:08:38guarantee an inadequate defense for any
- 1:08:41client let alone the already despised
- 1:08:44and reviled defendant of Rowlett Texas
- 1:08:47darlie Routier most experienced criminal
- 1:08:51defense lawyers often require fire no
- 1:08:54less than 18 months to adequately
- 1:08:56prepare for a jury trial in a case of
- 1:08:59this size and scope nine weeks is
- 1:09:02absolutely Unthinkable and his lack of
- 1:09:05preparation was about to become
- 1:09:07glaringly apparent after reviewing the
- 1:09:11totality of pleadings filed in darley's
- 1:09:13case I cannot locate anywhere in the
- 1:09:15court record where her defense attorneys
- 1:09:18requested additional time to prepare for
- 1:09:21trial and to ensure his client received
- 1:09:24a rigorous defense and this brings me to
- 1:09:27an important point that I need to
- 1:09:29address before we go any further there
- 1:09:32is a real and seemingly unavoidable
- 1:09:34Temptation whenever we hear of a
- 1:09:36criminal defense lawyer failing in their
- 1:09:38duties especially when it's tied to a
- 1:09:41criminal case where the general public
- 1:09:43already largely believes the defendant
- 1:09:45to be guilty we tend as a whole to blame
- 1:09:48the person standing trial and ignore
- 1:09:50claims of ineffective assistance of
- 1:09:52counsel the unfortunate reality for most
- 1:09:55people is that whether you are charged
- 1:09:58with a minor misdemeanor or capital
- 1:10:00murder your future largely depends on
- 1:10:03whether or not your attorney does their
- 1:10:05job attorneys who often have massive
- 1:10:08caseloads and have limited bandwidth to
- 1:10:11comprehend retain and prepare for a case
- 1:10:14as massive as Charlie routieres it has
- 1:10:17been my experience that the general
- 1:10:19public and appellate courts tend to
- 1:10:22punish the person who was charged for
- 1:10:24the mistakes of their attorney a
- 1:10:26pervasive view that can be seen
- 1:10:28throughout the entirety of the justice
- 1:10:30system far too often the uneducated
- 1:10:33person standing trial who never went to
- 1:10:36law school and has no formal training in
- 1:10:39the law is somehow responsible for the
- 1:10:42failures of their own attorney simply
- 1:10:45put you would think if you hired a
- 1:10:47lawyer who cost you ninety thousand
- 1:10:49dollars that you would be in good hands
- 1:10:52but the sad real quality is not
- 1:10:55necessarily in fact I have seen many
- 1:10:58prosecutors take advantage of these
- 1:11:00missteps and failures by new or
- 1:11:02overworked defense attorneys or in
- 1:11:05darley's case a wildly overconfident yet
- 1:11:08experienced lawyer who failed at one of
- 1:11:11the most fundamental and foundational
- 1:11:13aspects of a competent criminal defense
- 1:11:16attorney
- 1:11:17rigorous preparation and sufficient time
- 1:11:24by October of 1996 public defender
- 1:11:27attorney Parks had learned of his
- 1:11:30replacement by darley's newfangled and
- 1:11:32flashy defense lawyer and he was still
- 1:11:35very much aware of the fact that trial
- 1:11:37was looming mere weeks away attorney
- 1:11:40Parks had already retained two
- 1:11:43well-respected and experienced forensic
- 1:11:45experts Terry labor and Bart Epstein to
- 1:11:49counter the state's evidence against
- 1:11:50Darley at trial experts who had already
- 1:11:53conducted tests that supported darley's
- 1:11:56claims of an intruder Terry labor would
- 1:11:58later provide an affidavit in connection
- 1:12:01to darley's appeals that would confirm
- 1:12:03the testing they had conducted and what
- 1:12:05it had revealed the following is just
- 1:12:08one of the important claims made in
- 1:12:11Labor's affidavit to the Appellate Court
- 1:12:13quote based on the analysis that I
- 1:12:16performed on this case it is my
- 1:12:18professional opinion today that there
- 1:12:21were numerous pieces of physical
- 1:12:22evidence we reviewed that were not
- 1:12:25consistent with the staged crime scene
- 1:12:27unquote in that same affidavit he
- 1:12:31offered specific examples of the test
- 1:12:33that they had conducted prior to
- 1:12:35attorney Mulder's involvement tests that
- 1:12:38countered the state's experts that had
- 1:12:40testified against Darley during her
- 1:12:42lengthy trial and these experts had
- 1:12:45found the following one an initial
- 1:12:48assessment of the vacuum cleaner showed
- 1:12:50that it had not been pushed around by
- 1:12:52someone who was bleeding but instead the
- 1:12:55bleeding occurred once the vacuum had
- 1:12:58already been knocked down
- 1:13:002. an examination of shards of broken
- 1:13:02glass indicated that the wine glass that
- 1:13:05had been broken was not consistent with
- 1:13:08the stage crime scene because it
- 1:13:10appeared as though the glass had been
- 1:13:12broken while still in the wine rack this
- 1:13:15did not match the theory that Darley had
- 1:13:18purposefully broken the glass to make it
- 1:13:21appear as though an intruder had entered
- 1:13:23the home additionally one of the most
- 1:13:26important statements made by labor in
- 1:13:28his affidavit spoke to the very heart of
- 1:13:31the state's entire forensic case that
- 1:13:33was critical in securing darley's
- 1:13:36conviction it read as follows in my
- 1:13:39professional opinion scientific testing
- 1:13:42of the physical evidence would have been
- 1:13:44critical to Darley Lynn routier's
- 1:13:46defense
- 1:13:47independent testing of that physical
- 1:13:49evidence was crucial to properly
- 1:13:52evaluate the state's case there were
- 1:13:56numerous potential holes in the state's
- 1:13:58case that required testing to conform or
- 1:14:01refute the state's presentation of the
- 1:14:04evidence and to provide evidence that
- 1:14:06could have well refuted the state's
- 1:14:08forensic testimony the statements that
- 1:14:11expert Terry labor just made are
- 1:14:14incredibly important to understand one
- 1:14:17of the most common misconceptions that I
- 1:14:19routinely dealt with in my career was
- 1:14:21having to explain to clients the
- 1:14:24difference between a primary care
- 1:14:25physician that treats their regular
- 1:14:27Health Care needs and an expert that has
- 1:14:30been hired to evaluate them either by
- 1:14:32the state or by an adverse party for
- 1:14:36several years I helped support my law
- 1:14:38firm's Workers Compensation Division and
- 1:14:40during that time I worked on many
- 1:14:42hundreds of cases and without fail no
- 1:14:45matter how severe our clients injuries
- 1:14:47were the moment they met with the
- 1:14:49physician who was hired by the insurance
- 1:14:51company to testify against them that
- 1:14:54physician would always find that our
- 1:14:57client was somehow perfectly healthy and
- 1:14:59fully functional somehow able to return
- 1:15:02to work with limited or no restrictions
- 1:15:05this would even happen to clients who
- 1:15:07had suffered catastrophic injuries that
- 1:15:10they had sustained on the job many who
- 1:15:12were still in wheelchairs or even
- 1:15:14bedridden and in extreme cases
- 1:15:17completely disabled despite a mountain
- 1:15:20of Records countless surgeons treating
- 1:15:23providers and other supporting evidence
- 1:15:25somehow the insurance company's doctor
- 1:15:27would always find that our clients were
- 1:15:30now fully able to return to their
- 1:15:32construction or manual labor jobs all
- 1:15:35that to say that it has been my
- 1:15:37experience that no matter how clear a
- 1:15:40case may seem you will likely find an
- 1:15:42expert willing to testify against that
- 1:15:45case
- 1:15:46for a fee in fact there are experts who
- 1:15:49will only testify for one side or the
- 1:15:52other in that kind of expert shopping
- 1:15:55runs rampant throughout the entirety of
- 1:15:58the American judicial system and it's
- 1:16:01precisely because of that problem within
- 1:16:04our courts that you often have to look
- 1:16:06at the veracity of the experts testing
- 1:16:09methods and in Terry Labor's affidavit
- 1:16:12he explains that a very real problem
- 1:16:14existed within the state's evidence the
- 1:16:17fact being that independent material and
- 1:16:20compositional testing was not conducted
- 1:16:23to verify the state's primary evidence
- 1:16:25testing that has increasingly become the
- 1:16:28accepted standard to ensure a scientific
- 1:16:31certainty of any experts findings most
- 1:16:35especially for cases involving the death
- 1:16:38penalty now you might be wondering like
- 1:16:41I was why Terry Labor's affidavit came
- 1:16:44after darley's trial and and not during
- 1:16:47well strap in because the answer is both
- 1:16:49shocking and for me nearly impossible to
- 1:16:52believe or even comprehend after the
- 1:16:55state had shown the jury all of their
- 1:16:58forensic evidence who do you think
- 1:17:00attorney Douglas smulder the high-priced
- 1:17:03big shot defense lawyer put in the
- 1:17:05witness stand to counter any of the
- 1:17:08state's experts claims because I would
- 1:17:10assume that it would be some other
- 1:17:12high-priced expert who specialized in
- 1:17:15these kinds of difficult and complex
- 1:17:17capital murder cases or maybe even
- 1:17:20someone who had testified in other media
- 1:17:22frenzy trials that had years of forensic
- 1:17:25experience who then refuted the claims
- 1:17:27made by the state using the breadth of
- 1:17:29their experience to clearly establish
- 1:17:32Reasonable Doubt because surely attorney
- 1:17:35Mulder knowing that his client is facing
- 1:17:38the death penalty would have hired the
- 1:17:40foremost experts in the state to ensure
- 1:17:43the best possible representation for his
- 1:17:46client I mean right because that is the
- 1:17:49bare minimum expectation in a case of
- 1:17:52this magnitude and anyone who has ever
- 1:17:54spent a modicum of time as a trial
- 1:17:56attorney knows that you cannot allow the
- 1:17:59state's expert to testify in front of
- 1:18:02the jury unanswered most especially when
- 1:18:06you consider that there were already two
- 1:18:08previous experts hired by darley's
- 1:18:11former public defender that had already
- 1:18:13started their own testing and had found
- 1:18:16evidence in support of darley's claims
- 1:18:19of an intruder because it would be
- 1:18:21absolutely absurd for a lawyer of
- 1:18:24attorney Mulder's caliber going mach 10
- 1:18:27into one of the most highly contentious
- 1:18:29jury trials the city of roulette had
- 1:18:32ever seen with only nine weeks to
- 1:18:34prepare to then not even bother to hire
- 1:18:37any expert to defend the very life of
- 1:18:40his client that had just shelled out
- 1:18:42ninety thousand dollars to literally
- 1:18:45save her life
- 1:18:46I mean right he he wouldn't do that
- 1:18:48would he well I'm sure by now you
- 1:18:51realize that is precisely what attorney
- 1:18:53Douglas Mulder did he allowed the state
- 1:18:56to present their forensic evidence
- 1:18:58without so much as a peep from any
- 1:19:01defense expert whatsoever and I simply
- 1:19:05cannot stress enough the unmitigated
- 1:19:08failure that that was and is to any
- 1:19:12client regardless of how you may feel
- 1:19:15about them and here's the thing that
- 1:19:17isn't even the worst part of attorney
- 1:19:20Mulder's failure as darley's
- 1:19:22representative in a trial involving life
- 1:19:25or death so hold on because it's about
- 1:19:28to get much worse
- 1:19:32in the months prior to being fired by
- 1:19:35the routers public defender Parks had
- 1:19:38already developed a theory that involved
- 1:19:40darley's husband Darren as the
- 1:19:42perpetrator of the crime now this is a
- 1:19:45very common tactic in any criminal
- 1:19:47defense case but even more so in the
- 1:19:49case of darlie Routier because the
- 1:19:52allegation had teeth as well as evidence
- 1:19:54to support it most especially when you
- 1:19:57consider that years after the trial
- 1:19:59Darren would produce an affidavit
- 1:20:01wherein he would admit that he had been
- 1:20:03telling virtually everyone he knew about
- 1:20:06his financial woes he would admit that
- 1:20:09he had even approached several people to
- 1:20:12ask them to come to his house and Stage
- 1:20:14a robbery for the purposes of collecting
- 1:20:17insurance money not to mention the fact
- 1:20:20that Darren had a life insurance policy
- 1:20:22on Darley worth a quarter of a million
- 1:20:25dollars let me say that just one more
- 1:20:28time the policy that was on the life of
- 1:20:32Darlene in Routier a policy that would
- 1:20:35have been payable to her husband Darren
- 1:20:37was worth a quarter of a million dollars
- 1:20:41and that information is compounded by
- 1:20:44the fact that Darren had spent much of
- 1:20:46the preceding months prior to the
- 1:20:48attacks telling everyone and anyone to
- 1:20:51come to his house and effectively stage
- 1:20:54a home invasion now attorney Parks was
- 1:20:56not aware of this information in the
- 1:20:58beginning of his work on darley's case
- 1:21:00but he knew what every good defense
- 1:21:03attorney understands that he had to give
- 1:21:05the jury evidence that supported
- 1:21:07reasonable doubt that he had to give
- 1:21:10them an alternative someone other than
- 1:21:12his own client so when attorney Parks
- 1:21:15learned that his replacement was not at
- 1:21:17all interested in involving Darren in
- 1:21:20the crime he was completely dumbfounded
- 1:21:22now it goes without saying that most
- 1:21:24attorneys who have just been fired
- 1:21:26especially overworked public defenders
- 1:21:29would simply cut their losses and move
- 1:21:31on but attorney attorney Parks was not
- 1:21:34most attorneys in fact the decision by
- 1:21:37attorney Mulder to not involve Darren in
- 1:21:40darley's defense was so concerning to
- 1:21:42him that he wrote attorney Mulder a
- 1:21:45letter directly expressing his concerns
- 1:21:47but his efforts would ultimately fall on
- 1:21:51deaf ears as darley's new attorney would
- 1:21:53respond to his concerns by saying that
- 1:21:55he did not believe Darren had any
- 1:21:57involvement in the crime and in the same
- 1:22:00breath admitted that he had not reviewed
- 1:22:02any of the evidence against Aaron from
- 1:22:05the public defender's office but the
- 1:22:08real motivations for his refusal to
- 1:22:10involve Darren was about to come into
- 1:22:13Focus since darley's trial it has been
- 1:22:16revealed that attorney Douglas Mulder
- 1:22:18was hired by Darren and Darley kirutir
- 1:22:21in connection with a show cause hearing
- 1:22:23where the state alleged that both had
- 1:22:25violated the gag order concerning
- 1:22:27discussions with the media a violation
- 1:22:30that could have potentially landed
- 1:22:31Darren in jail according to court
- 1:22:34records attorney Douglas Mulder had
- 1:22:36heard of the public defender's intent to
- 1:22:39implicate Darren in the crime as part of
- 1:22:41darley's Defense but in what can only be
- 1:22:44described as an underhanded and
- 1:22:47unethical maneuver attorney Mulder told
- 1:22:49Darren of the plan to blame him but
- 1:22:52promised him that if he was hired to
- 1:22:54represent Darley that he would not argue
- 1:22:57to implicate him in any way and to
- 1:23:00absolutely no one's surprise that same
- 1:23:03day Darley fired her public defender and
- 1:23:06attorney Douglas Mulder became her lead
- 1:23:09counsel with only nine weeks to spare
- 1:23:11before her trial would commence attorney
- 1:23:14Park's concerns fell on deaf ears and
- 1:23:17darley's future was now firmly in the
- 1:23:20hands of a man representing the
- 1:23:22interests of both her and her husband
- 1:23:24but public defender Parks was not the
- 1:23:28only one troubled by the obvious
- 1:23:29conflict of interest the state had also
- 1:23:32become serious concerned and on November
- 1:23:3512 1996 the prosecutor's office filed a
- 1:23:39notice of possible conflict of interest
- 1:23:40into the judicial record I simply cannot
- 1:23:44stress enough how uncommon and unusual
- 1:23:47it is for the prosecutor's office to
- 1:23:50involve themselves in the technical
- 1:23:52blunders of a defense lawyer seemingly
- 1:23:54writing a foul of the rules and ethics
- 1:23:57that govern all practicing attorneys and
- 1:24:00yet somehow the state was more concerned
- 1:24:02about protecting darley's Sixth
- 1:24:04Amendment rights to conflict-free
- 1:24:06counsel then her own attorney was but
- 1:24:10it's what the state said in their filing
- 1:24:12with the court that I found very
- 1:24:14interesting at this moment in time still
- 1:24:17weeks before the commencement of
- 1:24:19darley's trial even the state believed
- 1:24:21that Darren had been involved in the
- 1:24:23crime and they said as much in their
- 1:24:25filing it read as follows investigations
- 1:24:29are ongoing with regards to the analysis
- 1:24:32of physical evidence and recent analysis
- 1:24:34of the physical evidence suggests that
- 1:24:37Darren Routier may have participated and
- 1:24:41if that wasn't bad enough attorney
- 1:24:43Mulder had all of the following evidence
- 1:24:45available to him one he knew that
- 1:24:49Darren's hair had been found on the
- 1:24:51murder weapon found at the crime scene
- 1:24:53two he had evidence that showed law
- 1:24:56enforcement had found the blood-stained
- 1:24:59sock in the alley that contained fibers
- 1:25:01from Darren's bloodstained sneakers
- 1:25:04three he was also aware of Darren's
- 1:25:07inconsistent statements concerning his
- 1:25:09blood-stained genes four he knew that
- 1:25:13blood was also found on Darren's
- 1:25:15underwear and five attorney Mulder was
- 1:25:18completely aware of Darren's
- 1:25:20inconsistent statements and suspicious
- 1:25:23behavior that occurred at the crime
- 1:25:25scene and at the hospital so now after
- 1:25:28both sides had expressed their concerns
- 1:25:30to the court and to attorney Mulder
- 1:25:32concerning his wildly inappropriate
- 1:25:34conflicts of interest and his promise to
- 1:25:36Darren to not accuse him despite all of
- 1:25:39the credible and forensic evidence what
- 1:25:42do you imagine his response to the
- 1:25:44state's Court filing was because I'd be
- 1:25:46willing to bet my oceanfront property in
- 1:25:49Arizona that you probably wouldn't guess
- 1:25:51that after the innumerable reasons he
- 1:25:54had to include Darren in darley's
- 1:25:56defense he simply didn't say anything at
- 1:25:59all but even more disconcerting than all
- 1:26:02of that evidence that was known or
- 1:26:04should have been known to attorney
- 1:26:06Mulder was the fact that Darren himself
- 1:26:08would later admit in a sworn affidavit
- 1:26:11that in the spring of 1996 he had spoken
- 1:26:14with darley's stepfather and in that
- 1:26:16conversation he asked him quote if he
- 1:26:19knew of anyone who had agreed to
- 1:26:21burglarize his home as part of an
- 1:26:24insurance scam unquote in Darren's own
- 1:26:27sworn affidavit he also stated that
- 1:26:30quote he and his family would be gone on
- 1:26:33from the house and that the burglar
- 1:26:35would come to the house with a U-Haul
- 1:26:36truck and remove gobs of stuff from the
- 1:26:39house which he would then retrieve after
- 1:26:41the insurance company paid off and that
- 1:26:44this wasn't the only time that Darren
- 1:26:46had had similar schemes two years prior
- 1:26:49he had arranged to have his Jaguar
- 1:26:51stolen to collect the insurance money
- 1:26:53and said that that crime went off
- 1:26:56without a hitch this was more than a
- 1:26:59simple misstep by an overconfident
- 1:27:01defense attorney who had engaged in
- 1:27:04wildly unethical and inappropriate
- 1:27:06behavior between two clients with
- 1:27:09competing interests this was a
- 1:27:11Monumental failure to aggressively and
- 1:27:14competently defend his client who at
- 1:27:17that moment in time was facing being
- 1:27:19executed on death row and by the time
- 1:27:22all of these facts would reach the
- 1:27:24Appellate Court in the form of darley's
- 1:27:26Habeas petition it was far too little
- 1:27:29way too late
- 1:27:35there is often a massive Chasm between
- 1:27:38what the general public believes should
- 1:27:40happen to a person standing trial and
- 1:27:42what the law actually allows this is
- 1:27:45best demonstrated in the explosive media
- 1:27:48attention surrounding the Brian coburger
- 1:27:50case despite the fact that very little
- 1:27:52empirical evidence has been made
- 1:27:54available to the public you don't have
- 1:27:56to go very far to find media Outlets
- 1:27:58True Crime content creators podcasters
- 1:28:01and the like who have already deemed him
- 1:28:04guilty and who have already begun
- 1:28:05discussing what his likely punishment
- 1:28:07will be at sentencing now I want to be
- 1:28:10clear Brian kohlberger may end up being
- 1:28:12found guilty and he very well may have
- 1:28:15been responsible for the heinous crimes
- 1:28:17that were committed against those four
- 1:28:19innocent people but we cannot allow the
- 1:28:23justice system to become an echo chamber
- 1:28:25of assumed guilt unfortunately this very
- 1:28:28same issue of guilty until proven
- 1:28:31innocent seem to haunt the case of
- 1:28:33darlie Routier from the very beginning
- 1:28:34beginning and this Assumption of guilt
- 1:28:37was demonstrated in virtually every
- 1:28:39aspect of the case that the state
- 1:28:41brought against Darley but more
- 1:28:43specifically how the state portrayed her
- 1:28:45character to the jury sadly most people
- 1:28:48do not know that when you are a criminal
- 1:28:50defendant there are very specific rules
- 1:28:54that prosecutors must follow specific to
- 1:28:57their claims and discussions of your
- 1:29:00character one of the most fundamental
- 1:29:02elements of those guidelines precisely
- 1:29:05speaks to how criminal actions are to be
- 1:29:07conducted in front of a jury and
- 1:29:10specifically States the following that a
- 1:29:13defendant's bad character cannot be used
- 1:29:16to argue that the defendant committed
- 1:29:19the crime for which he or she is being
- 1:29:22tried or that they had the propensity to
- 1:29:25commit the crime further noting that a
- 1:29:28prosecutor who dwells on a defendant's
- 1:29:30alleged bad character in this prohibited
- 1:29:33manner may be found to have engaged in
- 1:29:37prosecutorial misconduct simply put a
- 1:29:40defendant must be tried on the facts of
- 1:29:42the case stemming from the crime itself
- 1:29:44not on claims made by prosecutors
- 1:29:47concerning their assumed guilt due to
- 1:29:50allegations of their faulty or
- 1:29:52problematic character so I began to dig
- 1:29:55through the statements made by the
- 1:29:56prosecutors during darley's trial and I
- 1:29:59didn't have to look far to find the
- 1:30:01first of many clear violations of these
- 1:30:05important guidelines because legally
- 1:30:07speaking what I found in the pages of
- 1:30:10these Court transcripts is completely
- 1:30:13unbelievable these are the words of
- 1:30:15Prosecutor Greg Davis spoken to the jury
- 1:30:18about defendant darlie Routier
- 1:30:21the evidence will show you that the real
- 1:30:24darly root here is in fact a
- 1:30:26self-centered woman a materialistic
- 1:30:29woman a woman cold enough in fact to
- 1:30:32murder her own two children and we sat
- 1:30:35through four and a half weeks seeing the
- 1:30:38evil displayed before us and today that
- 1:30:41evil goes by the name of darlie Lynn
- 1:30:44Routier she sits here crying before you
- 1:30:47as she did on Saturday we know what
- 1:30:50she's all about at this point of the
- 1:30:51trial don't we
- 1:30:53he is not like us don't get into that
- 1:30:56game about she is like me she ain't
- 1:30:59there's just no way that she is we do
- 1:31:02know that at times we are dealing with
- 1:31:05the principalities of evil in this world
- 1:31:07and a delegate sits Among Us right now
- 1:31:10of that evil and her name is darlie Lynn
- 1:31:14Routier
- 1:31:16when I first read those words I almost
- 1:31:18couldn't believe that they were spoken
- 1:31:21by any lawyer let alone a prosecutor
- 1:31:25inside of a courtroom during trial in
- 1:31:29front of an actual jury because even if
- 1:31:33the person that those words were spoken
- 1:31:35to was someone who had already admitted
- 1:31:38to committing this crime the fact of the
- 1:31:40matter is they fly in the face of
- 1:31:43everything that our judicial system is
- 1:31:46founded upon the rules that I quite
- 1:31:49literally just read prohibit this exact
- 1:31:53kind of behavior now I understand that
- 1:31:56we may not like that but there is an
- 1:31:58expectation that if you are standing
- 1:32:00trial for a capital offense facing life
- 1:32:03or death that the religion of the jury
- 1:32:06cannot be weaponized against you while a
- 1:32:09prosecutor places into the minds of that
- 1:32:11jury that you are a literal delegate of
- 1:32:15evil and even if the words of prosecutor
- 1:32:18Davis had been spoken concerning the
- 1:32:21likes of Charles Manson or Ted Bundy or
- 1:32:23Jeffrey Dahmer I would be equally as
- 1:32:26impassioned in my response predicated on
- 1:32:29the foundation that they are the
- 1:32:31definition of an unethical and willful
- 1:32:34violation of the rules of ethics and
- 1:32:37criminal procedure that governs all
- 1:32:40lawyers irrespective of how we may feel
- 1:32:43about the person's standing trial and it
- 1:32:47is precisely for this reason why our
- 1:32:49courts do not allow these kinds of
- 1:32:51character attacks from prosecutors it's
- 1:32:54very simple prosecutors and all
- 1:32:57practicing lawyers are held to a higher
- 1:33:00standard and the thing is attorney Greg
- 1:33:03Davis did exactly this kind of thing
- 1:33:05throughout the entirety of darley's
- 1:33:07trial asking Darley when she testified
- 1:33:10if she regularly took her children to
- 1:33:13church what in the world does that have
- 1:33:15anything to do with the crime that she
- 1:33:18was accused of other than to establish
- 1:33:20in the minds of this wildly conservative
- 1:33:22jury firmly in the middle of the Bible
- 1:33:24Belt that she is not a good God-fearing
- 1:33:28church-going woman who clearly lacks
- 1:33:30moral fortitude and by extension must
- 1:33:33have been responsible for this crime
- 1:33:35that is not evidence and whether we like
- 1:33:38it or not prosecutors are strictly
- 1:33:41prohibited from this kind of
- 1:33:42characterization of any defendant
- 1:33:45regardless of what the general public
- 1:33:47thinks of that person and never mind the
- 1:33:51fact that he regularly spoke about her
- 1:33:53being overweight repeatedly brought up
- 1:33:55her breast augmentation as well as the
- 1:33:58cost of it then brought on non-medical
- 1:34:00Experts to testify that she did not
- 1:34:02grief correctly then had people tell the
- 1:34:05jury about the times that she was a
- 1:34:07questionable or even abusive mother
- 1:34:09excessively disciplining her children
- 1:34:11was shouting in curse words and even
- 1:34:14putting a piece of cake in her own son's
- 1:34:17face when he squirted her with water all
- 1:34:20of which are the epitome of what the
- 1:34:22previous rules State a prosecutor cannot
- 1:34:24do and even if we believe these issues
- 1:34:27are relevant as a society the law states
- 1:34:30that a defendant must be prosecuted and
- 1:34:33found guilty on the evidence stemming
- 1:34:36from the crime because again prosecutors
- 1:34:40and criminal defense attorneys are held
- 1:34:43to a higher standard than the general
- 1:34:45public and that isn't simply my opinion
- 1:34:47or how I feel it is a fact and a
- 1:34:51governing rule upon which the entirety
- 1:34:53of the Criminal Justice System stands
- 1:34:57but time and time again Prosecutor Greg
- 1:35:00Davis attacked darley's character in
- 1:35:02front of the media at press conferences
- 1:35:04in interviews and virtually every single
- 1:35:07chance he has ever had to speak about
- 1:35:10her case but even worse than the clear
- 1:35:13and obvious signs of prosecutor Davis's
- 1:35:15his attempts to Prejudice the jury
- 1:35:17against his defendant was the
- 1:35:20unforgivable sin of darley's criminal
- 1:35:22defense attorney Douglas Mulder failing
- 1:35:26time after time to object and realign
- 1:35:29the train that was barreling towards his
- 1:35:31client but even after evaluating the sum
- 1:35:35total of her defense team's failures to
- 1:35:37adequately defend her at trial I
- 1:35:40recognized that there was still
- 1:35:42insufficient evidence to demonstrate
- 1:35:45indisputable Reasonable Doubt
- 1:35:47speaking strictly from a legal
- 1:35:49standpoint these issues satisfied the
- 1:35:52requirements needed to have granted
- 1:35:54Darley a new trial and yet sadly the
- 1:35:56Appellate Court completely disregarded
- 1:35:58the Litany of evidence that proved her
- 1:36:01defense attorney failed in his duties to
- 1:36:04provide effective representation at
- 1:36:06trial but even with these egregious
- 1:36:09missteps by her defense attorney and the
- 1:36:12state I realized that they were still
- 1:36:14inadequate in providing a reasonable
- 1:36:16explanation for what transpired on June
- 1:36:196 1996 but just as I was getting ready
- 1:36:23to throw in the towel after countless
- 1:36:26hours of Investigation I came across
- 1:36:28evidence that would radically change how
- 1:36:31I viewed Darley routier's case evidence
- 1:36:34that forever altered how I see capital
- 1:36:37punishment throughout the entirety of
- 1:36:40the American criminal justice system
- 1:36:45after many weeks of studying the case
- 1:36:48against Darley reading through the trial
- 1:36:51records and devouring every form of
- 1:36:53public media available covering her
- 1:36:56trial I came to the realization that at
- 1:36:59the center of her defense was a Mount
- 1:37:01Everest problem that simply could not be
- 1:37:04traversed or ignored even as I began
- 1:37:07reading through the claims of her
- 1:37:08innocence it always remained in the back
- 1:37:11of my mind reminding me that it was
- 1:37:13there and that it would have to be
- 1:37:16overcome before I could accept the
- 1:37:18notion of Reasonable Doubt at its base
- 1:37:21was darly and the fact that she had
- 1:37:24claimed to be asleep that night and at
- 1:37:26its Summit was a seemingly impossible
- 1:37:29problem to overcome it was the Stark
- 1:37:31reality that in order to accept that her
- 1:37:34story was true she somehow slept through
- 1:37:37the brutal crime committed against her
- 1:37:39children who were mere feet away it
- 1:37:43didn't make sense and the various
- 1:37:45defense claims of ether or chloroform
- 1:37:47being administered by an intruder were
- 1:37:50not based in the physical evidence and
- 1:37:53no matter what I found in her defense
- 1:37:55they could not Rectify this ever a size
- 1:37:58problem for me
- 1:38:00I would eventually come to the
- 1:38:01conclusion that I would have to relent
- 1:38:04and admit that no matter how much
- 1:38:06evidence existed in her defense
- 1:38:08concerning failures by her attorneys or
- 1:38:11counter evidence to the state's case
- 1:38:13that this was a mountain that I simply
- 1:38:15could not climb when I came to this
- 1:38:18realization I remember that I finished
- 1:38:20reading for the day and began Auto
- 1:38:22playing old video clips from the 90s
- 1:38:25that had covered darley's trial it would
- 1:38:28eventually land on an old episode of the
- 1:38:30daytime talk show the Lisa Gibbons show
- 1:38:33in that episode members of the Routier
- 1:38:36family a juror from the trial and other
- 1:38:38participants had been invited as a panel
- 1:38:41to discuss darley's case most of the
- 1:38:44recording was evidence that I had
- 1:38:46already heard and yet some of it was
- 1:38:48very revealing in one of the more
- 1:38:50interesting segments a juror from
- 1:38:52darley's trial spoke about Darley
- 1:38:54directly
- 1:38:57absolutely
- 1:39:05that if if my children were feet away
- 1:39:08from my head the first child may have
- 1:39:10gotten stabbed but the second one he
- 1:39:13wouldn't have gotten near without
- 1:39:14getting through me
- 1:39:18I couldn't help but notice how she spoke
- 1:39:21about her with such a seething hatred
- 1:39:23unlike anything I had seen in recent
- 1:39:25history it was obvious to me how much of
- 1:39:28an impact the prosecution statements
- 1:39:31concerning darley's character had on the
- 1:39:33jurors but as the episode went on the
- 1:39:37panel became more contentious and
- 1:39:39quickly devolved into a Jerry
- 1:39:40springer-like chaos and just as quickly
- 1:39:43I stood up to turn it off but before I
- 1:39:46could I overheard surilda Routier say
- 1:39:49something that caused me to literally
- 1:39:51stop in stunned disbelief you guys said
- 1:39:55that
- 1:39:58but then you said that she was taking
- 1:40:00medication after the boys before she was
- 1:40:03taking that pill yeah
- 1:40:06at that point of my investigation I had
- 1:40:09read a considerable part of the trial
- 1:40:11record but I had not yet completed it
- 1:40:14and until that moment I was not aware of
- 1:40:17something critical that the former
- 1:40:19mother-in-law of darlie Routier had just
- 1:40:22said it was one of the only moments in
- 1:40:25my entire life that I can recall having
- 1:40:28a literal flashback to one of the most
- 1:40:30formidable periods of my legal career in
- 1:40:34a Flash memories from that time of my
- 1:40:36life flooded back into Focus nearly a
- 1:40:40decade of my career where I had been
- 1:40:42recruited for One Singular litigation
- 1:40:44wherein my Law Firm would represent
- 1:40:46nearly thirty thousand clients across
- 1:40:49the entire United States that to that
- 1:40:51point would become the single largest
- 1:40:53mass tort litigation in American history
- 1:40:56I began to remember the countless
- 1:40:59clients I had met with face to face
- 1:41:01people who I would get to know
- 1:41:03personally over the course of nearly
- 1:41:05eight years learning every aspect of
- 1:41:08their lives and how they had been
- 1:41:10affected it brought me back to the
- 1:41:12thousands of clients that I would speak
- 1:41:14with on the phone meet with in person
- 1:41:16logging hundreds of thousands of hours
- 1:41:19into their individual Case Files people
- 1:41:22who would become more than just a number
- 1:41:24but very much like family regularly
- 1:41:27calling to provide important updates
- 1:41:29about their lives their daily struggles
- 1:41:31and most importantly all of the side
- 1:41:34effects and the injuries they had
- 1:41:37sustained now I am not intentionally
- 1:41:39being vague for the sake of suspense on
- 1:41:42the contrary from the moment I realized
- 1:41:44what I had just come across in darley's
- 1:41:46case I also realized that it would be
- 1:41:49virtually impossible to explain the
- 1:41:51history that I had experienced for such
- 1:41:54a large part of my life without the
- 1:41:57weight of that lived experience behind
- 1:41:59it I realized that in order for me to
- 1:42:02properly explain to you why this
- 1:42:04directly impacts darley's case I would
- 1:42:07need to show you that evidence from my
- 1:42:09own vantage point because if I hadn't
- 1:42:12lived it I don't know if I would have
- 1:42:14believed it but rest assured by the time
- 1:42:17I'm done it's my hope that you will
- 1:42:20understand exactly why I believe that
- 1:42:22this information is vital to
- 1:42:25understanding the arrest the trial and
- 1:42:28the conviction of darlie Lynn Routier
- 1:42:35I still remember where I was when I got
- 1:42:37the news that the litigation had finally
- 1:42:40ended and that we had reached a
- 1:42:42record-breaking settlement for our
- 1:42:43clients for most of the preceding eight
- 1:42:46years our clients had suffered in
- 1:42:48silence as our Law Firm pursued a
- 1:42:50painstaking litigation against the
- 1:42:53makers of the now banned diet pill
- 1:42:55phenfloramine and its counterpart Dex
- 1:42:58fenfloramine more popularly known as
- 1:43:01fenfen the settlement was unprecedented
- 1:43:04and while it would guarantee some form
- 1:43:06of justice for the horrific crime that
- 1:43:09had been perpetrated against the
- 1:43:11unsuspecting American public I couldn't
- 1:43:13help but feel a sense of sadness a
- 1:43:16feeling of despondency because while we
- 1:43:18were settling their cases for the
- 1:43:20injuries covered by the litigation there
- 1:43:22were countless clients who believed that
- 1:43:25there were additional injuries that they
- 1:43:26had sustained in connection to the diet
- 1:43:29pills injuries that were unable to be
- 1:43:31included in the litigation fenfin was
- 1:43:34pulled off the the market on September
- 1:43:3615 1997 largely due to the overwhelming
- 1:43:40evidence that showed damage to the heart
- 1:43:42valves and lungs of its users the fda's
- 1:43:46ban of the drug would eventually result
- 1:43:47in a subsequent Nationwide action
- 1:43:50against the makers of the diet drug
- 1:43:52specifically for users who had sustained
- 1:43:55injuries primarily to their heart valves
- 1:43:57but also included authority to cover
- 1:44:00their lung and respiratory injuries to
- 1:44:02those who had sustained them but in
- 1:44:04order to qualify for the settlement
- 1:44:06clients would have to undergo an
- 1:44:08ultrasound of their heart in order to
- 1:44:10establish the degree of damage they had
- 1:44:13suffered from taking the diet pills this
- 1:44:15requirement would pose a very serious
- 1:44:18problem for our Law Firm mostly because
- 1:44:20our clients could not afford the cost of
- 1:44:22an echocardiogram that was not deemed
- 1:44:25medically necessary by their health
- 1:44:26insurance and many of our clients did
- 1:44:29not have health insurance to speak of so
- 1:44:32we quickly devised a plan to go around
- 1:44:34the woes of the the American Health Care
- 1:44:36system and instead we hired an
- 1:44:38ultrasound company who would conduct
- 1:44:40these tests for us and on behalf of our
- 1:44:42clients this required us to test every
- 1:44:45single one of our clients in almost
- 1:44:47every single state across the country
- 1:44:49over the course of several years and it
- 1:44:52was a task that I and a few other legal
- 1:44:54representatives in my firm were tasked
- 1:44:57to complete in addition we would conduct
- 1:44:59in-person depositions that would allow
- 1:45:01us to gain a deeper understanding of our
- 1:45:03clients medical history and to preserve
- 1:45:06their rights for any future settlements
- 1:45:07that they were entitled to over the next
- 1:45:10few years I would eventually travel to
- 1:45:12nearly every state in the union meeting
- 1:45:14with hundreds and eventually thousands
- 1:45:17of clients in person and it was during
- 1:45:19those in-person meetings that I first
- 1:45:22began to notice a reoccurring Problem by
- 1:45:25the time our clients came to us to have
- 1:45:27their echocardiogram conducted they were
- 1:45:30already well aware that we would be
- 1:45:32pursuing their case on the basis of the
- 1:45:34injuries they had sustained to their
- 1:45:36heart or lungs but from my very first
- 1:45:39trip I would be confronted by an
- 1:45:41entirely unexpected set of problems
- 1:45:44clients began continuously telling me
- 1:45:47about the neurological problems that
- 1:45:49they were having from taking the diet
- 1:45:50pills from the very first day I began
- 1:45:54hearing clients complain of short-term
- 1:45:56memory loss depression drastic sleep
- 1:45:59pattern changes and other neurological
- 1:46:01issues that were not the basis for our
- 1:46:04representation
- 1:46:05over and over I would sadly be forced to
- 1:46:09explain to each person that while these
- 1:46:11issues were horrible that we were not
- 1:46:13able to pursue them as part of our case
- 1:46:15against the makers of fenfen I wouldn't
- 1:46:18learn until much later that the reason
- 1:46:20we weren't pursuing it was because the
- 1:46:22drug makers had intentionally never
- 1:46:24published the neurological effects on
- 1:46:26humans in their clinical trials and this
- 1:46:29was despite the fact that other studies
- 1:46:31had already demonstrated neurological
- 1:46:34damage from the drug towards the end of
- 1:46:37the litigation we discovered that the
- 1:46:39pharmaceutical companies who had made
- 1:46:40fenfen appear to intentionally avoid
- 1:46:43financially supporting any of the
- 1:46:45studies on the human brain precisely
- 1:46:47because they already knew their drug to
- 1:46:49be neurotoxic and much of this
- 1:46:51information was not made public due to
- 1:46:55non-disclosure agreements arising from
- 1:46:57the eventual settlements but for nearly
- 1:47:00eight years of my career I was the
- 1:47:02primary contact for thousands of clients
- 1:47:05who would call in periodically to
- 1:47:07provide medical updates and the number
- 1:47:09of times that I heard each of them tell
- 1:47:11me about how they were affected
- 1:47:13neurologically was simply staggering
- 1:47:16people who would sometimes scream and
- 1:47:19yell in frustration Furious that we were
- 1:47:22unable to sue the makers of the diet
- 1:47:24drug because of their inability to
- 1:47:26function normally these conversations
- 1:47:29happen so frequently that the managing
- 1:47:31partners of my Law Firm began sending
- 1:47:34letters explaining to each client that
- 1:47:36we were unable to pursue cases on the
- 1:47:39basis of neurological damage alone a
- 1:47:42decision that I never supported but was
- 1:47:45entirely out of my hands in 2003 I met a
- 1:47:48young woman in her late 20s in Grand
- 1:47:51Rapids Michigan during one of my trips
- 1:47:53to conduct client echocardiograms and
- 1:47:56the story she told me that day is one
- 1:47:58that I will truly never forget she had
- 1:48:01been in her final year of her master's
- 1:48:03degree program when she decided to start
- 1:48:05taking fan to help lose the weight that
- 1:48:08she had gained during her previous year
- 1:48:10of schooling she sat there in tears as
- 1:48:13she explained how she wasn't the same
- 1:48:14anymore how despite being at top of her
- 1:48:17class in high school and her undergrad
- 1:48:19always maintaining a 4.0 that after she
- 1:48:23took fenfen she had failed out of every
- 1:48:25class in her program because as she said
- 1:48:28I just couldn't retain anything anymore
- 1:48:31we talked for an hour that day 59
- 1:48:34minutes of which was about the
- 1:48:36neurological and short-term memory
- 1:48:38problems that she had suffered in less
- 1:48:40than a week later when I called her to
- 1:48:42provide her the results of her
- 1:48:44ultrasound she barely remembered
- 1:48:46speaking with me just days before
- 1:48:49completely unable to recall any of the
- 1:48:52details we had spoke about that day she
- 1:48:55took the diet drug fenfen for just 45
- 1:48:58days during the many years of our
- 1:49:01litigation we learned that phenfloramine
- 1:49:03and dexfinfloramine was linked to
- 1:49:05neurotoxicity a primary symptom of which
- 1:49:08is short-term memory loss the evidence
- 1:49:11of the catastrophic neurological damage
- 1:49:13due to fenfen is not a widely reported
- 1:49:16symptom of the drug but when I heard
- 1:49:19cerilda Routier tell the audience that
- 1:49:22Darley had been on fenfen for months
- 1:49:24prior to the night of June 6th after
- 1:49:27those words left her mouth for me
- 1:49:29everything came into Focus I feverishly
- 1:49:33went back through the records and the
- 1:49:35entirety of darley's case and it became
- 1:49:37a puzzle piece that now began to match
- 1:49:39areas of her case that had previously
- 1:49:41never made any sense I now realized the
- 1:49:45full weight of attorney Douglas Mulder's
- 1:49:47failure at darley's trial because all of
- 1:49:50this information was available to him at
- 1:49:53that time information that could have
- 1:49:55provided a reasonable explanation for
- 1:49:58some of the most challenging and
- 1:49:59previously damning elements of darley's
- 1:50:02case and so I Revisited many of the
- 1:50:05Hallmarks of the prosecution's case
- 1:50:07against Darley from the vantage point of
- 1:50:09the one thing darlie never had at trial
- 1:50:12a competent criminal defense attorney
- 1:50:15and a rigorous defense events the
- 1:50:18question of how Darley could have slept
- 1:50:20through the attacks of her children
- 1:50:21almost immediately I remembered my
- 1:50:24client from Oklahoma who had called us
- 1:50:26after an F3 tornado had blown through
- 1:50:28her community to inform us that she was
- 1:50:31okay a woman who had been in the
- 1:50:33military for 12 years who had three
- 1:50:36children and was always the first to
- 1:50:38wake up at the sound of a pin dropping
- 1:50:40had somehow slept through a tornado
- 1:50:42nearly blowing her entire house down she
- 1:50:46would become just one of the hundreds of
- 1:50:49people who told a similar experiences
- 1:50:51about their drastic sleep pattern
- 1:50:54changes after weeks of using the diet
- 1:50:56drug I remember darley's changing
- 1:50:59stories and how they shifted or were
- 1:51:01amended as time went on again I sat
- 1:51:04there recalling the countless times I
- 1:51:06would speak with our clients who would
- 1:51:08tell me something one day call back days
- 1:51:10later and say something entirely
- 1:51:12different one day they thought they had
- 1:51:15taken the drug for three weeks and just
- 1:51:17days later they called and now it's six
- 1:51:19it was one of the primary reasons we had
- 1:51:22to start requesting Pharmacy records
- 1:51:24because of this reoccurring problem it
- 1:51:27was then I remembered how the makers of
- 1:51:29fenfen even acknowledged to the FDA that
- 1:51:32their drug interacted with our brain
- 1:51:34serotonin system I remembered how I
- 1:51:37learned about the serotonergic system
- 1:51:39during our litigation a system which
- 1:51:42regulates the brain's ability to store
- 1:51:45and recall memories and then I
- 1:51:48remembered how the state had used
- 1:51:50darley's journal entry as proof of her
- 1:51:52intent to end her life and the lives of
- 1:51:55her children for me that was one of the
- 1:51:58most profound moments of realization in
- 1:52:00the entirety of this investigation
- 1:52:02remembering how many times I spoke with
- 1:52:05clients on the phone who would call
- 1:52:07crying pouring their hearts out telling
- 1:52:09me that they had never had depression
- 1:52:11before taking fenfen people who at the
- 1:52:14beginning of taking the diet pills were
- 1:52:16for a time happy and full of joy and
- 1:52:19then all of a sudden out of nowhere it
- 1:52:21was as though their ability to even
- 1:52:23experience happiness just went away and
- 1:52:27all of these were a Hallmark symptom of
- 1:52:29a serotonin deficiency which was a
- 1:52:31common daily discussion with fenfen
- 1:52:34clients from across the entirety of the
- 1:52:37United States of America and now with
- 1:52:40this knowledge in hand a journal entry
- 1:52:43that once brought suspicion and the
- 1:52:45Assumption of guilt now had an entirely
- 1:52:47different meaning all of these memories
- 1:52:50began having a cascading effect because
- 1:52:52I remembered the innumerable times I
- 1:52:54would talk to clients as they would get
- 1:52:56further and further away from their use
- 1:52:58of the diet pills and how their
- 1:53:00neurological systems over time would
- 1:53:02start to recover and how memories that
- 1:53:04were once blurred and hazy would become
- 1:53:07more and more clear over time I realized
- 1:53:11how something that had a physiological
- 1:53:13neurological and rational explanation in
- 1:53:17the medical world would instead have the
- 1:53:19appearance of deceitful and criminal
- 1:53:22behavior when viewed against the
- 1:53:24backdrop of a heinous crime a vast
- 1:53:27majority of the clients we represented
- 1:53:29during the nearly decade-long litigation
- 1:53:31took the diet pills for between four and
- 1:53:34eight weeks over time we learned that
- 1:53:37the longer a client took the drug the
- 1:53:40more likely they would sustain severe
- 1:53:42cardiac respiratory and neurological
- 1:53:45problems we would represent clients that
- 1:53:48only took the drug for as little as
- 1:53:50three weeks some who were in their early
- 1:53:53twenties men and women who had otherwise
- 1:53:56been healthy but were now facing a
- 1:53:58horrific diagnosis called primary
- 1:54:01pulmonary hypertension a diagnosis that
- 1:54:04at the time was a death sentence a
- 1:54:08disease that could only be cured with a
- 1:54:10dual heart and lung transplant and many
- 1:54:14of the people who were diagnosed with
- 1:54:16that disease only took fenfen for three
- 1:54:20to four weeks digging through darley's
- 1:54:23case records I was stunned when I came
- 1:54:25across the documents that told me
- 1:54:27exactly how long she had been on this
- 1:54:30cardiac respiratory and neurotoxic
- 1:54:33pharmaceutical drug that would ravage
- 1:54:35the lives of hundreds of thousands of
- 1:54:38people and when I saw it I almost
- 1:54:40couldn't believe the words on the page
- 1:54:43darlie Routier had taken fenfen for four
- 1:54:47months by the morning of June 6 1996 so
- 1:54:51it was at that moment that I resolved to
- 1:54:54go back through the entirety of darley's
- 1:54:56case to see if there was evidence that
- 1:54:58could support her claims of Innocence
- 1:55:00firmly establishing Reasonable Doubt and
- 1:55:03allow me to make that impossible climb
- 1:55:06up that mountain and to finally answer
- 1:55:09the questions that I had started out
- 1:55:11with from the very beginning is darlie
- 1:55:14Routier guilty Beyond any reasonable
- 1:55:16doubt and does she deserve to be on
- 1:55:19death row and what I was about to find
- 1:55:22would allow me to answer those questions
- 1:55:28by the time darley's defense was
- 1:55:30presented to the jury it was evident to
- 1:55:33anyone watching that her team would need
- 1:55:35to put forward believable evidence to
- 1:55:37counter the Litany of claims that had
- 1:55:39been presented by the prosecution but as
- 1:55:42I read through the court transcripts I
- 1:55:44was amazed at the consistent failures by
- 1:55:46her defense team to do exactly that
- 1:55:49usually when you evaluate a case that
- 1:55:52has already gone through the trial
- 1:55:53process you can very easily find the
- 1:55:55evidence that was presented from both
- 1:55:57the prosecution and the defense and as
- 1:56:00we already know this didn't happen in
- 1:56:02darley's trial in one of the most widely
- 1:56:04discussed areas by those who support her
- 1:56:07guilt the forensic evidence due to this
- 1:56:10catastrophic error the Assumption tends
- 1:56:12to be that since evidence wasn't
- 1:56:14presented to the jury it either didn't
- 1:56:16exist or was incredible well thankfully
- 1:56:19forensic experts Terry labor and Bart
- 1:56:21Epstein have since provided the
- 1:56:23appellate court evidence that did
- 1:56:25support darley's claims despite the fact
- 1:56:27that they were never allowed to finish
- 1:56:29their work but let's evaluate the
- 1:56:32primary issues brought against darlia
- 1:56:34trial and see if in fact there are any
- 1:56:37signs of Reasonable Doubt
- 1:56:42the prosecutions claimed that darley's
- 1:56:45injuries were entirely superficial has
- 1:56:47to be one of the most widely repeated
- 1:56:49statements that I have heard from every
- 1:56:52single documentary I have ever seen in
- 1:56:54darley's case in fact it is repeated so
- 1:56:58often that by the time you arrive at the
- 1:57:00physical evidence of her injuries you
- 1:57:02already believe that she had to have
- 1:57:04inflicted these injuries upon herself
- 1:57:06and that despite the appearance of their
- 1:57:08severity they were little more than a
- 1:57:11minor scratch that required a handful of
- 1:57:13stitches but as usual I didn't take
- 1:57:16those claims at face value and what I
- 1:57:19found in the records was nothing short
- 1:57:22of unbelievable one of the incredible
- 1:57:26breakthroughs of modern science over the
- 1:57:28last 50 years is how effective it is in
- 1:57:31painting a picture for us a picture that
- 1:57:34we wouldn't otherwise have using our
- 1:57:36eyesight alone so it was incredibly
- 1:57:39shocking to me when I looked at her
- 1:57:41medical records and after all these
- 1:57:43years sitting there in plain sight was
- 1:57:46proof positive that all of the claims
- 1:57:48about darley's superficial injuries are
- 1:57:51completely incorrect the treating
- 1:57:53physician from Baylor Medical Center
- 1:57:55testified during darley's trial that her
- 1:57:58hemoglobin dropped by two grams in the
- 1:58:01hours following her hospitalization now
- 1:58:04to the average layperson that may seem
- 1:58:06like an entirely inconsequential fact
- 1:58:09however I assure you it is not because
- 1:58:12in order for your hemoglobin to drop by
- 1:58:15two grams you would need to lose 2 000
- 1:58:18cc's of blood and courtesy of darly's
- 1:58:20shirt and the crime scene we can see
- 1:58:23evidence that supports that very fact
- 1:58:25now it may surprise you to know but 2000
- 1:58:28cc's is nearly half of the blood that
- 1:58:31Darley had in her body so then the next
- 1:58:34logical question is how much blood can a
- 1:58:37human body lose before we die from blood
- 1:58:39loss
- 1:58:41and there it is in black and white and
- 1:58:45indisputable medical fact that disproves
- 1:58:48one of the primary claims made against
- 1:58:50Darley since day one all this time we
- 1:58:54have been told time and time again that
- 1:58:56her injuries were always entirely
- 1:58:58insignificant and superficial and that
- 1:59:01they were never at any point
- 1:59:03life-threatening while everyone has
- 1:59:05spent decades arguing about the depth of
- 1:59:08the injury and the millimeters from her
- 1:59:10carotid sheath no one bothered to pay
- 1:59:12any attention to the fact that she was
- 1:59:15quite literally on the brink of death
- 1:59:17all this time through every documentary
- 1:59:20podcast YouTube video Forensic Files
- 1:59:23episode and everyone who has claimed
- 1:59:25that darley's injuries were minor at
- 1:59:27best every single one of them got it
- 1:59:31wrong now you may be tempted to think
- 1:59:33that maybe the hemoglobin is somehow
- 1:59:35inconsequential well I'll prove to you
- 1:59:38that it isn't because do you want to
- 1:59:40know what else we know that night Darley
- 1:59:42was diagnosed with acute post
- 1:59:44hemorrhagic anemia which only happens in
- 1:59:47the body after you have lost a
- 1:59:50considerable life-threatening amount of
- 1:59:52blood additionally Darley was in surgery
- 1:59:55for an entire hour and I can tell you as
- 1:59:58someone who has gone through 20 plus
- 2:00:00surgeries in my lifetime superficial
- 2:00:03injuries do not take an entire hour to
- 2:00:05repair in surgery but if all you had
- 2:00:08ever seen are the countless
- 2:00:10documentaries that have deemed darly
- 2:00:12guilty from the beginning you might
- 2:00:14incorrectly believe that she barely
- 2:00:16suffered a scratch a flesh wound but
- 2:00:19while officer Waddell testified in front
- 2:00:22of the jury chastising darly for not
- 2:00:24providing Aid to her children something
- 2:00:27he himself was trained to do the reality
- 2:00:30was that she was literally fighting for
- 2:00:32her life while applying pressure to her
- 2:00:35hemorrhaging wound on her neck and the
- 2:00:37whole time she was literally on the
- 2:00:40verge of bleeding to death death and to
- 2:00:42those who claim that her blood pressure
- 2:00:44was normal when she got into the
- 2:00:45ambulance that is less than meaningless
- 2:00:47because the body does a strange thing
- 2:00:49when it's fighting for survival it
- 2:00:51releases adrenaline to keep your heart
- 2:00:54pumping as a result of the loss of blood
- 2:00:56volume as a means to keep you alive
- 2:00:59which by extension temporarily raises
- 2:01:02your blood pressure and while everyone
- 2:01:04has repeatedly blamed Darley for not
- 2:01:06asking about her children they all
- 2:01:09ignored the fact that she can clearly be
- 2:01:11heard on the 9-1-1 call over and over
- 2:01:14repeatedly saying my babies are dead my
- 2:01:18babies are dead because in fact they
- 2:01:21were a woman who herself was in the
- 2:01:24process of losing nearly half of her
- 2:01:26blood volume a woman with no medical
- 2:01:28training whatsoever was blamed for not
- 2:01:32rendering Aid to children who were
- 2:01:34already Beyond saving a fact that was
- 2:01:38confirmed at trial by the EMTs who
- 2:01:40arrived Within minutes of her call that
- 2:01:43Devin was already gone and that by the
- 2:01:45time they put Damon into the back of the
- 2:01:47ambulance he never once showed any signs
- 2:01:50of Life breathing heartbeat or otherwise
- 2:01:53and both boys injuries were severe
- 2:01:56enough that nothing anyone could have
- 2:01:58done absent of an operating room in
- 2:02:00darley's kitchen would have saved either
- 2:02:03child's life and the fact is plain and
- 2:02:06simple that Darley was severely injured
- 2:02:09and likely came within minutes of losing
- 2:02:12her own life that night during the trial
- 2:02:15darley's defense put on their own
- 2:02:17medical expert that testified that her
- 2:02:19injuries were consistent with an attack
- 2:02:21from an intruder including defensive
- 2:02:23wounds to her arm and fingers and in
- 2:02:27fact there was evidence in the form of
- 2:02:29damage to the necklace she was wearing
- 2:02:31at the time that was consistent with her
- 2:02:33laying on her back at the moment she
- 2:02:35sustained the injuries to her neck and
- 2:02:39there is also blood evidence on on the
- 2:02:41couch that supports that she in fact
- 2:02:43bled while she was still laying down
- 2:02:45asleep sadly one of the many things that
- 2:02:48wasn't properly addressed in darley's
- 2:02:50trial by the defense is the claim that
- 2:02:52there should have been more blood on the
- 2:02:54couch if in fact that was the location
- 2:02:56of the attack but that is simply not how
- 2:02:59the human body works when we sleep our
- 2:03:02blood pressure and heart rates plummet
- 2:03:04and it is not uncommon for some people
- 2:03:06to have resting heart rates that dip
- 2:03:09into the 30s and 40s so it makes perfect
- 2:03:12sense that while she's still sleeping
- 2:03:14she doesn't bleed excessively precisely
- 2:03:17because of the fact that no major artery
- 2:03:20was severed by the Intruder which was
- 2:03:22her story from day one and then once she
- 2:03:26got up to take chase after the Intruder
- 2:03:29now that her blood pressure and heart
- 2:03:31rate have risen that is when the blood
- 2:03:33loss increased exponentially but easily
- 2:03:36one of the most divisive parts of
- 2:03:38darley's case surrounds the bruising on
- 2:03:40her arms the claim by the prosecution at
- 2:03:43trial is that Darley must have
- 2:03:44self-inflicted the bruises after she
- 2:03:46left the hospital because no one from
- 2:03:48the medical staff seemed to have recall
- 2:03:51ever seeing them during her
- 2:03:52hospitalization but never mind the fact
- 2:03:54that darley's family testified that they
- 2:03:56did see the bruises on her arms while
- 2:03:58she was still in the hospital but let's
- 2:04:00look at some of the only available
- 2:04:02pictures taken of Darley while she was
- 2:04:05still hospitalized now because of the
- 2:04:07incredibly poor quality of this picture
- 2:04:10I have adjusted the brightness and
- 2:04:12nothing else all this adjustment does is
- 2:04:15increase the colors in a spectrum that
- 2:04:17allows us to see her skin clearly as it
- 2:04:20was with more clarity and now because of
- 2:04:24that Clarity we can see all of the
- 2:04:26purple bruises that were under her arm
- 2:04:28before she ever left the hospital now
- 2:04:32the claim by the prosecution and
- 2:04:34countless others is that the bruising
- 2:04:36was so much worse days later when Darley
- 2:04:38arrived at the police station to take
- 2:04:40pictures and by extension this must have
- 2:04:43meant that they were all self-inflicted
- 2:04:45but all this does is speak to the level
- 2:04:48of medical ignorance that is rampant
- 2:04:50throughout the entirety of this jury
- 2:04:52trial but when bruising of this
- 2:04:54magnitude seen in this picture happens
- 2:04:57it often continues to expand over time
- 2:04:59but allow me to demonstrate in these
- 2:05:03pictures of a totally random person
- 2:05:05taken from the internet you can see a
- 2:05:07day by day view of how the bruising
- 2:05:10progresses from day one until day 14 and
- 2:05:14yet somehow bruising that looked one way
- 2:05:16on day one progressively worsens
- 2:05:18multiple days later so using the
- 2:05:21prosecutor same line of thinking that
- 2:05:23must mean that this woman who had her
- 2:05:25nose job must have gone home and had her
- 2:05:28significant other hit her in the face
- 2:05:29with a baseball bat because as you can
- 2:05:31see her bruising continues to worsen
- 2:05:34somehow despite no signs of the bruising
- 2:05:37in those areas days before you know I
- 2:05:40think we must have some kind a
- 2:05:41conspiracy happening of people being
- 2:05:43viciously assaulted shortly after their
- 2:05:45cosmetic surgery someone needs to
- 2:05:47contact the FBI we have a Serial
- 2:05:50attacker on our hands are you seeing how
- 2:05:52absurd this is now or or should I keep
- 2:05:54going because the fact of the matter is
- 2:05:57when dealing with traumatic subcutaneous
- 2:05:59bruising and injuries of this magnitude
- 2:06:02the human body demonstrates a healing
- 2:06:04process with a very similar Progressive
- 2:06:07pattern so when you take those facts
- 2:06:10into consideration then the bruising on
- 2:06:12darley's arm was consistent with having
- 2:06:15been inflicted in the early morning of
- 2:06:17June 6 1996 because as we can plainly
- 2:06:21see in this picture the bruising was
- 2:06:24already there long before she ever left
- 2:06:27the hospital and was allowed the
- 2:06:29opportunity to inflict those injuries on
- 2:06:32herself and I'll be honest with you the
- 2:06:35fact that I haven't heard any of these
- 2:06:37things in any of the major documentaries
- 2:06:39I've seen is nothing short of
- 2:06:41infuriating to me especially because so
- 2:06:45many of these things are simple medical
- 2:06:46science things that the defense should
- 2:06:49have known and most importantly the
- 2:06:51state should have known but this is not
- 2:06:53the first time in my career where I've
- 2:06:55come across cases where a prosecutor
- 2:06:57made claims about things that they knew
- 2:06:59nothing about and then the world runs
- 2:07:01off on a tangent with that
- 2:07:02misinformation and before you know it
- 2:07:05someone's life is completely ruined but
- 2:07:08I knew that I had to continue to do my
- 2:07:11very best to maintain my own personal
- 2:07:13objectivity throughout the entirety of
- 2:07:15my evaluation so at this moment in time
- 2:07:17I hadn't come to any conclusions about
- 2:07:20the evidence yet but what I had
- 2:07:22concluded is that the claim that she was
- 2:07:24only superficially wounded is medically
- 2:07:27and factually Incorrect and that is
- 2:07:30supported by the evidence
- 2:07:33however I continued to press onward up
- 2:07:36the mountain and to allow that evidence
- 2:07:38to continue to guide me
- 2:07:43from the opening statements made by the
- 2:07:46prosecution they would tell the jury the
- 2:07:49media and anyone who would listen that
- 2:07:51Darley was a vain materialistic wealth
- 2:07:54obsessed and abusive mother who is
- 2:07:56determined to get money at any cost even
- 2:07:59to the point of taking her own
- 2:08:01children's lives and it's important to
- 2:08:04remember that this claim is the state's
- 2:08:06primary argument for darley's motive to
- 2:08:09commit this crime but let's really look
- 2:08:12at the state's claim concerning the
- 2:08:13alleged financial problems that the
- 2:08:15routers were supposedly in one year
- 2:08:18before the crime in 1995 Darren Routier
- 2:08:22made
- 2:08:23264 thousand dollars which adjusted for
- 2:08:26inflation would be the equivalent of
- 2:08:28making 506
- 2:08:32952.76 in today's money
- 2:08:36now the claim by the prosecution was
- 2:08:38that he had experienced a downturn in
- 2:08:40his business which was true but how much
- 2:08:43money had Darren made by the time June 6
- 2:08:45rolled around well here's what we know
- 2:08:48Darren had already made 111 thousand
- 2:08:52dollars in the first five months of 1996
- 2:08:55and if again we adjust for inflation
- 2:08:57that is the equivalent of two hundred
- 2:09:00and thirteen thousand three hundred and
- 2:09:02sixty three dollars present day
- 2:09:04additionally during the trial we learned
- 2:09:07that Darren had twenty thousand dollars
- 2:09:09in outstanding receivables for the
- 2:09:11business that he would later receive and
- 2:09:138 000 in his business checking account
- 2:09:15and out of that 8 000 were monies that
- 2:09:18he had not yet delineated to himself for
- 2:09:21his own paycheck now during the trial we
- 2:09:24also heard claims that the routers were
- 2:09:25mere moments away from foreclosure which
- 2:09:28was compounded by the five thousand
- 2:09:30dollar loan that they were denied days
- 2:09:32prior however the claim that there were
- 2:09:35mere moments away from foreclosure is
- 2:09:37simply not true how do I know well for a
- 2:09:41period of a few years in the 2000s I
- 2:09:43worked two jobs one at a law firm and
- 2:09:45the other as a self-originating mortgage
- 2:09:48loan officer for a Fortune 500 bank and
- 2:09:51Banks do not foreclose after two months
- 2:09:54of non-payment that's not how any of
- 2:09:56this works at all it's a fairly lengthy
- 2:09:59process that usually takes a minimum of
- 2:10:02four months to initiate and usually no
- 2:10:05less than six months of non-payment
- 2:10:06before the foreclosure process is
- 2:10:09finalized and if you've ever listened to
- 2:10:11financial shows like the Dave Ramsey
- 2:10:13Show you've probably heard people who
- 2:10:15call in regularly to tell the host about
- 2:10:18how they make well over 300 Grand and
- 2:10:20yet they are somehow in unimaginable
- 2:10:22amounts of debt it happens to millions
- 2:10:25of Americans every single day people who
- 2:10:28make great money and yet still somehow
- 2:10:31lift paycheck to paycheck and those same
- 2:10:34people often resort to doing things
- 2:10:36things like selling their jewelry
- 2:10:37looking for debt consolidation loans or
- 2:10:40whatever is needed to ensure that they
- 2:10:42can continue to make ends meet but the
- 2:10:45idea that the routers Were Somehow on
- 2:10:47the doorsteps of foreclosure and
- 2:10:49insolvency is neither accurate nor even
- 2:10:52remotely true especially when you
- 2:10:54consider the fact that just a few months
- 2:10:56later Darren was able to pay the ninety
- 2:10:59thousand dollar retainer for his wife's
- 2:11:01new attorney Douglas Mulder and the
- 2:11:04claim of the routers insolvency was
- 2:11:06continuously repeated by the prosecution
- 2:11:08at trial as one of the primary motives
- 2:11:11for the crime but when you consider the
- 2:11:13fact that the boy's funeral costs
- 2:11:15through tears over 10 grand it is absurd
- 2:11:18to suggest that the crimes were
- 2:11:19motivated by their life insurance
- 2:11:21policies which were nullified by the
- 2:11:24cost of the crime itself at this point
- 2:11:27of my investigation I realized that I
- 2:11:29was making strides of this massive
- 2:11:31Mountain that was the case against
- 2:11:33Darley Routier but it was at this moment
- 2:11:36that I realized that I needed to get
- 2:11:38into the meat of the prosecution's case
- 2:11:40against her because while these claims
- 2:11:42are easily countered with the truth I
- 2:11:45needed to know just how far this would
- 2:11:47go
- 2:11:50one of the very first things that I
- 2:11:53always look for when I investigate a
- 2:11:55case is how law enforcement evaluated
- 2:11:58all of the available evidence from the
- 2:12:00crime and from the onset of my analysis
- 2:12:03of darley's case it was crystal clear to
- 2:12:05me that law enforcement never seriously
- 2:12:08considered that an intruder had been
- 2:12:10responsible and that they made up their
- 2:12:13minds within the first few hours after
- 2:12:15the crimes were committed before having
- 2:12:17any of the forensic evidence in their
- 2:12:19possession the numerous reports of
- 2:12:22neighbors and Friends of the family who
- 2:12:24had seen a black car stalking the
- 2:12:26rootier home multiple times before June
- 2:12:296 were seemingly ignored and law
- 2:12:31enforcement never provided evidence that
- 2:12:34they investigated any leads related to
- 2:12:37those sightings or anyone else for that
- 2:12:39matter in fact during darley's trial
- 2:12:42James cron testified that after a 20 to
- 2:12:4430 minute walk through of the crime
- 2:12:46scene he formed the belief that and I
- 2:12:49quote there had not been an intruder
- 2:12:52entry through the window unquote during
- 2:12:54the trial he was asked why he formed
- 2:12:57that opinion and he said it's sort of a
- 2:12:59big picture it's not any one thing it
- 2:13:02was the overall scene which primarily is
- 2:13:05the lack of evidence in many cases many
- 2:13:08who have defended James Cron's views
- 2:13:10over the years claimed that his initial
- 2:13:12view didn't end his investigation that
- 2:13:14he continued to evaluate the evidence at
- 2:13:16the scene but he also testified that it
- 2:13:19was his opinion that the broken wine
- 2:13:21glass quote looks to me like it had been
- 2:13:24broken there to simulate or stage an
- 2:13:26offense that a member of the household
- 2:13:28broke it and planted it there unquote
- 2:13:31and he made this statement despite the
- 2:13:34fact that he hadn't completed any
- 2:13:36forensic testing at that early stage of
- 2:13:38his investigation that could in any way
- 2:13:41scientifically support his opinion
- 2:13:43because he had already arrived at the
- 2:13:46conclusion that the crime scene was
- 2:13:48entirely staged and that Darley was
- 2:13:50response principle and sadly we now know
- 2:13:53that Terry labor and Bart Epstein
- 2:13:55differed in their analysis of the wine
- 2:13:57glass and believed that it had been
- 2:13:59broken while still in the wine rack we
- 2:14:02also know that upon arriving crime scene
- 2:14:04investigators would notice that the
- 2:14:06coffee table next to the couch where
- 2:14:08Darley claimed that she was attacked
- 2:14:10showed signs that it had been moved
- 2:14:12consistent with the struggle near the
- 2:14:15couch one of the Hallmarks of the
- 2:14:17prosecution's claims was that an
- 2:14:19intruder could not have committed the
- 2:14:21crime due to the lack of blood evidence
- 2:14:23leading out of the house and into the
- 2:14:25garage but just for a moment let's think
- 2:14:28about that logically and just for now
- 2:14:31let's assume that an intruder was
- 2:14:33responsible for this crime so the
- 2:14:35Intruder attacks the boys then darly and
- 2:14:38eventually Darley wakes up and he runs
- 2:14:41off dropping the knife as he leaves
- 2:14:43since that would mean that Darley was
- 2:14:45injured on the couch and ran after the
- 2:14:47Intruder then there is no reason to
- 2:14:49believe that he would have left shoe and
- 2:14:51prints in blood throughout the kitchen
- 2:14:53utility room or the garage since he was
- 2:14:57always in front of her before she could
- 2:14:59have even left any blood for him to step
- 2:15:02in but the prosecution also claimed that
- 2:15:05Intruder would have left evidence in the
- 2:15:07backyard and while fleeing would have
- 2:15:08turned on the security light that would
- 2:15:10have stayed on for 18 minutes but in the
- 2:15:131990s I also owned several different
- 2:15:16types of security lights that were very
- 2:15:18commonly used during the time and one
- 2:15:21thing I learned about them is that they
- 2:15:23were controlled by an external on and
- 2:15:25off switch so if an intruder had been
- 2:15:28casing the house for several days as was
- 2:15:30reported by several witnesses who saw a
- 2:15:33man in a black car sitting across from
- 2:15:35the rootier home then he would have
- 2:15:37likely known about the light prior to
- 2:15:39entering or exiting the rootier home
- 2:15:42additionally Darley would later describe
- 2:15:45him as being very tall so scaling the
- 2:15:47routier's back wall wouldn't have been a
- 2:15:49challenge but the claims that he would
- 2:15:52have had to have Disturbed the mulch in
- 2:15:53the backyard are also exaggerated
- 2:15:55because as an avid Gardener myself for
- 2:15:58the last 40 years and as a man who was
- 2:16:016'3 and built like a linebacker I can
- 2:16:04very easily stand jump or even break
- 2:16:07dance on my Mulch and not leave any
- 2:16:09significant Impressions on it whatsoever
- 2:16:11and all of these details that have
- 2:16:14always been characterized as
- 2:16:15indisputable incontrovertible facts are
- 2:16:18simply subjective viewpoints adopted by
- 2:16:21the state precisely because they want to
- 2:16:23utilize these as details that are a
- 2:16:26means to establish guilt but they are
- 2:16:29not empirical scientific facts that do
- 2:16:31not have any possible viable
- 2:16:34explanations whatsoever later on in the
- 2:16:37trial one of the other claims made by
- 2:16:39the prosecution was that there had not
- 2:16:41been evidence consistent with an
- 2:16:43intruder dropping the knife as there was
- 2:16:45no pattern shown by the blood evidence
- 2:16:47that supported darley's version of
- 2:16:49events but expert labor would later
- 2:16:52explain that blood coagulates very
- 2:16:54quickly outside of the body and it is
- 2:16:57not a scientific certainty that if an
- 2:17:00intruder had dropped the knife that
- 2:17:02there would have to have been an
- 2:17:03evidentiary pattern of the blade itself
- 2:17:05left behind but I do have a bone to pick
- 2:17:09that I am absolutely tired of hearing
- 2:17:11whenever I listen to anyone discuss this
- 2:17:14case because another one of the most
- 2:17:16frequently repeated claims that has been
- 2:17:18made by the prosecution and every single
- 2:17:21person who has covered this case in
- 2:17:23favor of their evidence is the claim
- 2:17:25that the windowsill dust wasn't
- 2:17:27Disturbed and that somehow proved that
- 2:17:29an intruder could not have gone through
- 2:17:31that window and this is despite the fact
- 2:17:34that two decades ago Darren was able to
- 2:17:36demonstrate how a tall man just like him
- 2:17:39is easily able to get in and out of that
- 2:17:42windowsill without disturbing any of the
- 2:17:45Dust but again this outright
- 2:17:48misinformation is repeated time and time
- 2:17:50again touted as gospel truth and in
- 2:17:54reality it's just lazy because it's not
- 2:17:57scientific evidence of any kind and yet
- 2:18:00it is portrayed as though it is and the
- 2:18:02more I looked into the state's evidence
- 2:18:04I continued to find that their absolute
- 2:18:06assertions were not as rock solid as
- 2:18:09they had been portrayed during darley's
- 2:18:11trial and yet no matter how many times I
- 2:18:14saw clear moments that could have easily
- 2:18:16been corrected by an attentive defense
- 2:18:18lawyer what I saw instead was the
- 2:18:20apparent absence of attorney Douglas
- 2:18:22smolder who failed to do what he had
- 2:18:24been hired to do from the very beginning
- 2:18:27to competently defend his client but it
- 2:18:32was at this moment that I realized that
- 2:18:34it was time to address the elephant in
- 2:18:36the room from the very beginning of
- 2:18:38darley's trial the state told the jury
- 2:18:40the media and the world that it would
- 2:18:42have been impossible for an intruder to
- 2:18:44have perpetrated this crime and not
- 2:18:47leave behind any forensic evidence
- 2:18:49whatsoever and and after the
- 2:18:51presentation of the state's evidence it
- 2:18:53would have been difficult for anyone to
- 2:18:55surmise anything else but I needed to
- 2:18:58know was it possible for an intruder to
- 2:19:00have committed this crime and have left
- 2:19:03no forensic evidence behind the answer
- 2:19:06just might surprise you on March 2nd
- 2:19:092008 a horrific crime was committed
- 2:19:12ending the lives of six innocent people
- 2:19:15in Memphis Tennessee thankfully one of
- 2:19:18the children who was present during the
- 2:19:20brutal attack survived but in the days
- 2:19:22following the attack law enforcement
- 2:19:25were completely baffled by the crime
- 2:19:27scene forensic analysts would cover the
- 2:19:29entirety of the house where the crime
- 2:19:31took place and eventually they came to
- 2:19:34the realization that they were unable to
- 2:19:36find any evidence DNA or otherwise that
- 2:19:40established the identity of the
- 2:19:42perpetrator
- 2:19:43law enforcement was bewildered despite
- 2:19:46the brutality and the viciousness of the
- 2:19:48crime they had found no forensic
- 2:19:51evidence thankfully the child who
- 2:19:53survived would eventually recover and
- 2:19:55was able to tell law enforcement exactly
- 2:19:58who had committed the Unspeakable acts
- 2:20:00and investigators were shocked by who he
- 2:20:03named as the culprit it was a man the
- 2:20:05boy had loved and respected his whole
- 2:20:08life he named his Uncle Jesse Dotson but
- 2:20:12what was more alarming to law
- 2:20:14enforcement was that Dodson had been in
- 2:20:16the home for many hours prior to the
- 2:20:19vicious attack and yet somehow had not
- 2:20:22left any forensic evidence that
- 2:20:24definitively connected him to the crime
- 2:20:26scene despite the lack of material
- 2:20:28evidence against Dodson he would not
- 2:20:30Escape Justice and eventually receive
- 2:20:33six death sentences for his crimes one
- 2:20:36for each of the lives he stole that
- 2:20:38night but what surprised me the most
- 2:20:40about this story may already be of
- 2:20:43obvious to you now somehow a man who had
- 2:20:46spent the whole day in that house who
- 2:20:48then committed vile and horrendous acts
- 2:20:51against his own family had managed to
- 2:20:53not leave any forensic evidence in his
- 2:20:56wake someone who knew nothing of law
- 2:20:59enforcement procedures crime scene
- 2:21:01analysis or even how to cover up a crime
- 2:21:03was the same man who had been in that
- 2:21:06house the entire day and somehow did not
- 2:21:09leave a speck of forensic evidence
- 2:21:12proving that he was there and this very
- 2:21:15issue speaks to the ongoing problem that
- 2:21:17we have discussed on this very channel
- 2:21:20in the past the CSI effect where we
- 2:21:23often wrongly believe that DNA or other
- 2:21:26forensic evidence must be present if or
- 2:21:29when a crime is committed and yet as we
- 2:21:32now know that is often not the case so
- 2:21:35the absence of forensic evidence is not
- 2:21:38definitive proof of the absence of an
- 2:21:40intruder because if it was Jesse Dotson
- 2:21:44might still be free but I understood why
- 2:21:47so many people myself included in the
- 2:21:50beginning dismissed the idea of an
- 2:21:52intruder because of the lack of forensic
- 2:21:54evidence but the fact remains that a
- 2:21:57crime involving an intruder breaking
- 2:21:59into a home taking a weapon from inside
- 2:22:02of the victim's property and using it to
- 2:22:05commit unspeakable crimes that these
- 2:22:07seemingly random crimes do happen and to
- 2:22:10the families who have been devastated by
- 2:22:12them they are not a work of fiction but
- 2:22:15at this point of my investigation I knew
- 2:22:18that I could not stop here I was more
- 2:22:20than halfway up the mountain and I would
- 2:22:23not be satisfied until I knew if there
- 2:22:26was a truly insurmountable problem in
- 2:22:28her defense but it was what I was about
- 2:22:31to find within the pages of her trial
- 2:22:34record that would definitively answer my
- 2:22:36questions concerning the veracity of
- 2:22:39darlie routier's conviction
- 2:22:46you don't have to spend much time
- 2:22:48studying darley's case before you are
- 2:22:51confronted by the infamous bread knife
- 2:22:53evidence evidence that has ostensibly
- 2:22:55been described as the forensic
- 2:22:58equivalent of a Smoking Gun but as usual
- 2:23:01I needed to know that for myself so
- 2:23:04again I read the trial transcripts and I
- 2:23:07almost couldn't believe the words that I
- 2:23:09was reading on the page in Prosecutor
- 2:23:12Greg Davis's closing statements to the
- 2:23:14jury he would summarize the forensic
- 2:23:16evidence brought against Darley during
- 2:23:19the expert testimony of Charles Lynch
- 2:23:21concerning the bread knife the following
- 2:23:24are the exact words of Prosecutor Greg
- 2:23:27Davis and when Charles Lynch tested that
- 2:23:31bread knife he looked at it under the
- 2:23:33microscope and what did he find glass
- 2:23:36rods the same type of rubber material
- 2:23:38seen on the bread knife and the same
- 2:23:40type of rubber debris with the glass
- 2:23:43meshed in the same type of stuff that
- 2:23:46happens when you cut the screen and it
- 2:23:48adds up that bread knife was used to cut
- 2:23:51that screen and that tells you that they
- 2:23:54were trying to fake the crime scene now
- 2:23:56I try to imagine how I would have felt
- 2:23:59hearing those words from a prosecutor
- 2:24:01who spoke with such conviction about the
- 2:24:04testimony surrounding the bread knife I
- 2:24:06imagine that the jurors were compelled
- 2:24:08by this evidence because it seems
- 2:24:10obvious that what Charles Lynch found is
- 2:24:12beyond reproach and is indisputable so I
- 2:24:16went back to Charles Lynch's testimony
- 2:24:19reading the words from the transcript
- 2:24:21and I just sat there in complete and
- 2:24:24utter disgust because this is what
- 2:24:27Charles Lynch actually said during his
- 2:24:30testimony concerning the testing of the
- 2:24:32bread knife question bottom line from
- 2:24:36this comparison of the black rubbery
- 2:24:38material and the glass rods on the
- 2:24:41window screen and on this knife what
- 2:24:43does that say to you as a traced
- 2:24:45evidence analyst answer I couldn't tell
- 2:24:49the difference between this debris and
- 2:24:52the debris found on the knife and
- 2:24:54therefore this knife could have been
- 2:24:58used to cause the cut defect now you may
- 2:25:01already notice the Stark difference
- 2:25:03between expert Lynch's statement that
- 2:25:05they'll cut window screen could have
- 2:25:07been caused by the bread knife and
- 2:25:09prosecutor Davis's closing statements
- 2:25:11that said that the bread knife was used
- 2:25:14to cut that screen these are two
- 2:25:17entirely different statements with
- 2:25:20completely different meanings and yet
- 2:25:22somehow in every iteration of every
- 2:25:24documentary ever created that claims
- 2:25:27Darley is guilty guilty guilty I have
- 2:25:30never once ever seen anyone make this
- 2:25:33distinction
- 2:25:34and surprise surprise there's more
- 2:25:36because prior to conducting his tests
- 2:25:38the bread knife was dusted using a
- 2:25:40fiberglass brush composed of similar
- 2:25:43material as the fiber found on the knife
- 2:25:45and neither the state nor the defense
- 2:25:48ever conducted definitive testing on the
- 2:25:51fibers to determine their chemical or
- 2:25:53structural composition that would have
- 2:25:55conclusively determined if those fibers
- 2:25:57were in fact from the window screen and
- 2:26:00if I'm playing the role of the Devil's
- 2:26:02Advocate then I couldn't help but notice
- 2:26:04that the state's expert Charles Lynch
- 2:26:06was relying on his eyesight to make an
- 2:26:09absolute determination that was not
- 2:26:11scientifically possible without
- 2:26:13additional conclusive testing and the
- 2:26:16claims that the fiberglass rods found on
- 2:26:18the fingerprinting brush were not the
- 2:26:20same size is not science and this is
- 2:26:24because of the fact that fibers on
- 2:26:26fingerprinting brushes often vary in
- 2:26:28size throughout the entire brush but did
- 2:26:31lynch offer any scientific analysis of
- 2:26:34of the fibers or how about a report that
- 2:26:37showed the exact size of the fibers and
- 2:26:39compared them to each of the fibers in
- 2:26:41the fingerprinting brush which again
- 2:26:43vary in size a scientific analysis which
- 2:26:46could have easily been completed in any
- 2:26:49one of their several Labs well in fact
- 2:26:52he did none of those things what he
- 2:26:55offered on the stand is the literal
- 2:26:57definition of a subjective opinion by
- 2:26:59someone who has been hired by the state
- 2:27:01to testify against their defendant
- 2:27:04especially when you consider what I'm
- 2:27:06about to tell you about his previous
- 2:27:08experience and other problematic issues
- 2:27:11arising from his other analysis of key
- 2:27:15evidence prior to darley's trial
- 2:27:17strap in because this is about to be a
- 2:27:20wild ride at the time of darley's trial
- 2:27:23Charles Lynch wasn't even a certified
- 2:27:26fiber analysis expert in this specific
- 2:27:28field of forensic science he had
- 2:27:31previously exclusively worked as a
- 2:27:34microscopic hair analyst that requires
- 2:27:36different certification entirely in the
- 2:27:40state star expert Charles Lynch hadn't
- 2:27:43even taken the proficiency test expected
- 2:27:45of an expert in hair and fiber analysis
- 2:27:48which is the very minimum expectation of
- 2:27:52a forensic expert in his field because
- 2:27:55if we just think about his testimony
- 2:27:57logically he has predicated his opinion
- 2:28:00of the evidence entirely based on what
- 2:28:03he sees and that's the thing about trace
- 2:28:06evidence we now know after Decades of
- 2:28:09wrongful expert testimony concerning
- 2:28:11fingerprint evidence that it is not the
- 2:28:13Pinnacle of forensic science that it was
- 2:28:16always purported to be and I would think
- 2:28:19that before we execute someone for a
- 2:28:21crime that we collectively would want a
- 2:28:24degree of scientific certainty that
- 2:28:26doesn't rely on the eyesight of a man
- 2:28:28Charles Lynch who was previously
- 2:28:31involuntarily committed to a mental
- 2:28:33institution for alcoholism and
- 2:28:35depression in the Years leading up to
- 2:28:38darley's trial an irrespective of your
- 2:28:41belief of darley's guilt or innocence I
- 2:28:43would hope that each of us would want
- 2:28:45empirical testing that can definitively
- 2:28:48prove the evidence that is sending
- 2:28:50someone to death row why that is the
- 2:28:53exception and not the rule is absolutely
- 2:28:56Beyond me and again it still doesn't
- 2:28:59even end there either because in August
- 2:29:03of 1996 during darley's bond hearing
- 2:29:05Charles Lynch would testify in court
- 2:29:08that a hair microscopically similar to
- 2:29:11Darley routieres was found in the same
- 2:29:13windowsill that she had set an intruder
- 2:29:15had entered at the time the this was
- 2:29:18absolutely damning evidence evidence
- 2:29:21that the state used to prevent Darley
- 2:29:23from bonding out of jail evidence that
- 2:29:26was going to be one of the pillars of
- 2:29:28the prosecution's case against Darley
- 2:29:30and I want to be very clear Charles
- 2:29:33Lynch the state's expert had looked
- 2:29:35under a microscope and told the court
- 2:29:37that the state had evidence of her hair
- 2:29:40similar to darlies found in the Windows
- 2:29:43screen that implicated her in the crime
- 2:29:46and his testimony kept her in jail but a
- 2:29:50few short months later guess what the
- 2:29:53state found out the DNA test results of
- 2:29:56the hair that the state had already
- 2:29:57confidently declared to the judge was
- 2:29:59darlies came back and surprise surprise
- 2:30:03it didn't belong to Darley at all it
- 2:30:06belonged to a female Rowlett police
- 2:30:09department officer who had contaminated
- 2:30:11the crime scene with her own hair and
- 2:30:15you already know what I'm gonna say
- 2:30:16because it still does doesn't end there
- 2:30:18because the expert testimony of Charles
- 2:30:21Lynch also helped to convict and
- 2:30:24incarcerate four people that we know of
- 2:30:26who were later exonerated for crimes
- 2:30:29that they did not commit convictions
- 2:30:31that were predicated on the testimony of
- 2:30:34the same man who was the star trace
- 2:30:37evidence expert for the state at Darley
- 2:30:39routier's trial now just try to imagine
- 2:30:42what the jury would have thought had
- 2:30:44they heard the whole and complete story
- 2:30:46a story that the prosecutors
- 2:30:48conveniently never bothered to tell them
- 2:30:50and a similar problem existed with the
- 2:30:53blood spatter evidence in darley's trial
- 2:30:55evidence that was presented by expert
- 2:30:58Tom Beville as irrefutable fact has
- 2:31:00since been shown to be inconsistent with
- 2:31:03the state's own theory of the crime in
- 2:31:05fact in this video we can plainly see
- 2:31:08Tom Beville demonstrating the state's
- 2:31:10explanation for how the boy's blood
- 2:31:12ended up on darley's shirt but do I even
- 2:31:15need to explain how odd this is because
- 2:31:18he's saying that the evidence found on
- 2:31:21the back of darley's shirt was dropped
- 2:31:23there during this motion but I noticed
- 2:31:26in the trial record that prior to law
- 2:31:28enforcement arriving Darley had rushed
- 2:31:30over to help Darren with the boys Darren
- 2:31:33explained during trial that Darley was
- 2:31:34holding Damon's wounds closed as he
- 2:31:37continued with CPR and air could be
- 2:31:39heard coming out of his wounds so once
- 2:31:42again it only takes a modicum of logical
- 2:31:45thinking to see how CPR compressions
- 2:31:47which are literally causing air to
- 2:31:50rapidly leave the open wounds could have
- 2:31:53easily resulted in the blood evidence
- 2:31:55that ended up on darley's shirt and
- 2:31:58after months of reading every imaginable
- 2:32:00record I could find on her case I had
- 2:32:02yet to come across any evidence that
- 2:32:04convinced me that the state had
- 2:32:06succeeded improving their case but at
- 2:32:09this point I had made it so far up the
- 2:32:12mountain and yet I was about to find
- 2:32:14exactly what had convinced the jury and
- 2:32:17what I found there was completely
- 2:32:20heartbreaking
- 2:32:24in the days after June 6 Darley would
- 2:32:27eventually leave the hospital and begin
- 2:32:29to prepare for Damon and Devin's funeral
- 2:32:32by this point in time the Rowlett Police
- 2:32:34Department a law enforcement agency that
- 2:32:36had never previously dealt with the
- 2:32:38homicide case of this magnitude had
- 2:32:41begun to surveil the routers at every
- 2:32:43possible opportunity while they were
- 2:32:46already thoroughly convinced that Darley
- 2:32:48was the culprit they still needed more
- 2:32:50evidence to support their suspicions
- 2:32:52normally when a law enforcement agency
- 2:32:55is attempting to build a case against a
- 2:32:57criminal defendant they petitioned the
- 2:32:59presiding judge for the warrants they
- 2:33:01need in order to obtain the evidence
- 2:33:02needed to support their case and for the
- 2:33:05most part judges will grant these
- 2:33:07warrants with very few exceptions but it
- 2:33:10would seem that darlie routier's case
- 2:33:12was built on a foundation of exceptions
- 2:33:15exceptions that even the roulette Police
- 2:33:17Department would be forced to reckon
- 2:33:19with normally wiretap warrants requested
- 2:33:22within the framework of the law are
- 2:33:24given to law enforcement at their
- 2:33:26request and without many exclusions
- 2:33:29there are however certain times Congress
- 2:33:32stations and locations that are
- 2:33:34considered sacrosanct even during a
- 2:33:36criminal investigation involving capital
- 2:33:38murder charges those exceptions
- 2:33:40typically vary but for the most part
- 2:33:42they include important places where the
- 2:33:44privacy of the defendant is absolute but
- 2:33:48it would seem that the Rowlett Police
- 2:33:49Department would not be deterred by the
- 2:33:52law the Constitution or the rules that
- 2:33:54govern their ability to surveil Darley
- 2:33:57Routier so lead homicide detective Jimmy
- 2:33:59Patterson decided that he would
- 2:34:01supersede the need for a judge's
- 2:34:03permission to wiretap the routers and
- 2:34:06chose instead to Simply break the law
- 2:34:08detective Patterson would ask permission
- 2:34:11of the cemetery owner to install a
- 2:34:13recording device at the location where
- 2:34:15the routers were about to hold the
- 2:34:17funeral for their boys Damon and Devin
- 2:34:19confident that he would catch Darley in
- 2:34:21a stunning confession proving her guilt
- 2:34:24and sealing up their case against the
- 2:34:26unsuspecting mother but when the day of
- 2:34:28the funeral arrived and the Rowlett
- 2:34:30Police Department retrieved the
- 2:34:32recording they realized that they had
- 2:34:34less than nothing on that tape what they
- 2:34:37had were the sobs of a grieving mother
- 2:34:39and family saying goodbye to their
- 2:34:42eldest boys far too soon so when it came
- 2:34:45time for darley's trial for once the
- 2:34:48defense wisely cross-examined detective
- 2:34:50Patterson in an effort to ascertain why
- 2:34:53he had crossed the line and so clearly
- 2:34:55broken the law but it was his response
- 2:34:58that left the jury the defense and the
- 2:35:01media stunned he simply pled the fifth
- 2:35:04and despite the unprecedented debacle by
- 2:35:07law enforcement the judge summarily
- 2:35:10denied the request for a mistrial now I
- 2:35:13have tried to recall a moment in time
- 2:35:14when I had encountered anything that
- 2:35:17even comes close to this kind of
- 2:35:18misconduct by a lead investigator in a
- 2:35:21capital murder case in fact in the
- 2:35:24combined history of all the cases I have
- 2:35:27ever touched or worked on I have never
- 2:35:29once heard of a lead investigator
- 2:35:31pleading the fifth in connection to a
- 2:35:34case that he or she investigated and the
- 2:35:38claim that he pled the fifth so as not
- 2:35:40to incriminate himself is often said as
- 2:35:42though it somehow excuses his unlawful
- 2:35:45Behavior law enforcement does not get to
- 2:35:48break the law regardless of their intent
- 2:35:51or whom it is aimed at the fact remains
- 2:35:54that the actions of detective Patterson
- 2:35:56were not simply unprecedented or
- 2:35:59uncommon his actions represented a
- 2:36:02department seemingly hell-bent on the
- 2:36:04conviction of a defendant that they had
- 2:36:06already deemed guilty and they were
- 2:36:09willing to go to any lengths even
- 2:36:11breaking the law to ensure her
- 2:36:13conviction and it is my view that this
- 2:36:16issue alone should have been weighed
- 2:36:18more substantially by both darley's
- 2:36:20trial judge and the Appellate Court but
- 2:36:23the problem of an overzealous law
- 2:36:25enforcement agency would not end there
- 2:36:28in fact a bloody footprint was found in
- 2:36:31the garage of the rootier home and James
- 2:36:33cron would later state that he
- 2:36:35identified the footprint belonging to
- 2:36:37none other than a member of the Rowlett
- 2:36:40Police Department so by this point we
- 2:36:42now have a second time that we know of
- 2:36:45where the Rowlett police department has
- 2:36:47contaminated their own crime scene and
- 2:36:50every time they present evidence to the
- 2:36:52court that they insist is beyond
- 2:36:54reproach they expect the jury the media
- 2:36:57and everyone else to ignore their
- 2:36:59mistakes and believe without question
- 2:37:01that their mistakes begin and end there
- 2:37:04but unfortunately the failures by law
- 2:37:07enforcement and the state would not end
- 2:37:09after a few bungled crime scene mishaps
- 2:37:12in fact their mistakes persisted and
- 2:37:14would culminate in one of the most
- 2:37:16egregious and prejudicial examples of
- 2:37:19prosecutorial misconduct that I have
- 2:37:22seen in my career leading up to the
- 2:37:24trial prosecutors would call the entire
- 2:37:27medical staff who treated Darley people
- 2:37:29who were still set to testify in her up
- 2:37:31coming trial and they were asked to come
- 2:37:34to a local hotel for a pre-trial meeting
- 2:37:37upon arriving each of the medical staff
- 2:37:40were then sat down in a conference room
- 2:37:42as a group it was at this time that the
- 2:37:45prosecutor showed each of the medical
- 2:37:47personnel graphic crime scene photos
- 2:37:49from the aftermath of June 6th the
- 2:37:52photos included detailed and horrifying
- 2:37:55pictures of each of the Routier boys
- 2:37:57including detailed pictures from the
- 2:37:59crime scene and to absolutely no one
- 2:38:02surprised the medical staff left that
- 2:38:05meeting and eventually each one would
- 2:38:07testify in Virtual Unison at trial they
- 2:38:11would all describe Darley to the jury as
- 2:38:13uncaring detached even using the same
- 2:38:16words to describe her words that they
- 2:38:18had never used in their own medical
- 2:38:20records notations at the time of her
- 2:38:23hospitalization including routinely
- 2:38:25referring to her as being whiny and this
- 2:38:28was despite the fact that their own
- 2:38:31handwritten medical notes stated that
- 2:38:33Darley had been seen excessively crying
- 2:38:36asking why someone would do this to her
- 2:38:38boys including notes stating that she
- 2:38:41was inconsolable but now all of a sudden
- 2:38:44at trial the medical staff is testifying
- 2:38:47that they hadn't seen Darley demonstrate
- 2:38:49any signs of crying sadness or evidence
- 2:38:52indicative of a mother grieving a tragic
- 2:38:54loss you know it's almost like the
- 2:38:57meeting that they had with prosecutors
- 2:38:59drastically impacted and Prejudiced each
- 2:39:02of them against a woman standing trial
- 2:39:04for crimes that they had been shown in
- 2:39:07graphic detail because the fact of the
- 2:39:10matter is one of two things must be true
- 2:39:12that they were either all lying in their
- 2:39:15own medical records before they knew
- 2:39:17anything about her alleged involvement
- 2:39:19in the crime or they were all
- 2:39:21exaggerating or committing outright
- 2:39:23perjury during darley's trial
- 2:39:26both cannot be true at the same time now
- 2:39:30over the years people who have defended
- 2:39:32the prosecutor's decision to meet with
- 2:39:34the medical staff have claimed that
- 2:39:36these pre-trial meetings are the norm
- 2:39:38within the criminal justice system but I
- 2:39:41contend that the norm can and clearly
- 2:39:44does have a deleterious impact on the
- 2:39:47mindset of anyone set to testify against
- 2:39:49any defendant especially when you show
- 2:39:53those people pictures of what that
- 2:39:55defendant who still has the presumption
- 2:39:57of innocence is accused of doing it is
- 2:40:01human nature that when we see evidence
- 2:40:03of a heinous crime to do whatever we can
- 2:40:06to protect innocence so while I don't
- 2:40:08necessarily blame the medical staff
- 2:40:10whose testimony magically changed from
- 2:40:13their own records at trial I do blame
- 2:40:16the prosecutors for underhanded behavior
- 2:40:18that flies in the face of a fair and
- 2:40:21objective Judiciary that assumes that a
- 2:40:24defendant is innocent until proven
- 2:40:26guilty and just because something is the
- 2:40:29norm does not make it right because the
- 2:40:32fact of the matter is that numerous
- 2:40:35people did testify to having seen Darley
- 2:40:37devastated and distraught over the loss
- 2:40:40of Damon and Devin including the medical
- 2:40:43staff who treated her courtesy of their
- 2:40:47own handwritten medical records but the
- 2:40:50Prejudice that stemmed from the improper
- 2:40:52use of evidence was only the beginning
- 2:40:54because the prosecution was about to
- 2:40:57show the jury the Ace of their sleeve
- 2:40:59that would guarantee that they would
- 2:41:01convict darlie Lynn Routier Beyond any
- 2:41:04reasonable doubt
- 2:41:08Prosecutor Greg Davis knew from the
- 2:41:11moment he stepped through the courtroom
- 2:41:13doors exactly who he needed to convince
- 2:41:16of the state's case it wasn't the media
- 2:41:19it wasn't the judge or even the Routier
- 2:41:22family he knew that he had a 12 panel
- 2:41:25jury comprised of some of the most
- 2:41:27socially and politically conservative
- 2:41:29people in the country he knew that he
- 2:41:32was in a county that regularly boasted
- 2:41:35their 95 percent conviction rate
- 2:41:37comprised of people who took their faith
- 2:41:40very seriously it was precisely why he
- 2:41:43didn't hesitate to quote the Bible and
- 2:41:46speak of Darley as the literal
- 2:41:48incarnation of evil because he knew that
- 2:41:51he wouldn't need to convince an
- 2:41:52appellate court to ignore his
- 2:41:54prosecutorial misconduct he already knew
- 2:41:57they would because it's a well-known
- 2:42:00unspoken rule that the courts in that
- 2:42:02region of the United States regularly
- 2:42:05uphold the convictions of defendants
- 2:42:07regardless of the mayor it's or
- 2:42:09wrongdoing that created them and it's
- 2:42:12precisely the reason why the United
- 2:42:14States of America is number one in a
- 2:42:17category that no one else comes even
- 2:42:20close in comparison the statistical fact
- 2:42:23that we have the highest incarceration
- 2:42:26rate in the entire world prosecutor
- 2:42:29Davis was only ever interested in a
- 2:42:32campaign designed to enrage the jury to
- 2:42:35prey on their predilections and to
- 2:42:37achieve something even more important
- 2:42:39than all of the forensic evidence
- 2:42:41combined more than anything he wanted
- 2:42:44the hearts and minds of the jury and the
- 2:42:47evidence that he succeeded in that
- 2:42:49effort can still be found in the words
- 2:42:51of the jurors from darli routier's trial
- 2:42:54to this very day five years ago juror
- 2:42:58number eight Kerry Paris participated in
- 2:43:01a documentary about darley's Trial
- 2:43:03created by ABC called the last defense
- 2:43:06in it she said something truly
- 2:43:09remarkable about her experience as a
- 2:43:12juror in darley's trial she said and I
- 2:43:15quote I just knew that she was young and
- 2:43:18that she killed her boys
- 2:43:20what a remarkably honest thing to say
- 2:43:23and such an insightful look into the
- 2:43:25travesty that is the justice system for
- 2:43:28far too many people because from the
- 2:43:31very moment she sat in that seat as a
- 2:43:34juror she already assumed that Darley
- 2:43:36had committed the crime
- 2:43:38she didn't say I just knew that she was
- 2:43:40young and that she was accused of
- 2:43:42killing her boys her statement seemed to
- 2:43:45be a declaration of what she already
- 2:43:47believed about Darley but I'll relent
- 2:43:50that maybe it's possible that my
- 2:43:52assessment is in overly analytical
- 2:43:55argument over semantics
- 2:43:57but then again maybe not listen to what
- 2:44:00juror Carrie Paris said when she was
- 2:44:02asked about the testimony of friends and
- 2:44:05family of Darley who told the court
- 2:44:07about darley's love and affection for
- 2:44:09her boys quote I don't think she was as
- 2:44:12doting as people said she was I don't
- 2:44:15she's not so much doting on her kids as
- 2:44:18she is doting on herself who goes out
- 2:44:21and spends two thousand dollars on a set
- 2:44:23of breasts that was one of the things
- 2:44:26that really caught our attention
- 2:44:28pictures that we saw the clothes she was
- 2:44:31wearing very flashy expensive clothes
- 2:44:34jewelry I don't buy any of that stuff
- 2:44:36but she bought a lot of that stuff end
- 2:44:39quote now you may be tempted to think
- 2:44:42well that was just one of the jurors
- 2:44:44they certainly didn't all have such
- 2:44:46wildly judgmental and subjective things
- 2:44:48to say about darley's character that had
- 2:44:51nothing whatsoever to do with the crime
- 2:44:52that she was accused of well let's see
- 2:44:55Rina way was also a juror during
- 2:44:58darley's trial and during the same Lisa
- 2:45:01Gibbons episode that I previously
- 2:45:03mentioned she would say the following
- 2:45:05about Darley during the taping of the
- 2:45:07show I believe that Devin kicked the
- 2:45:09crap out of her
- 2:45:11[Applause]
- 2:45:16the only way that he's going to get a
- 2:45:18wound on his butt if he is being stabbed
- 2:45:20in the chest is if he has his feet up
- 2:45:22and he is kicking
- 2:45:25since the trial we've learned that
- 2:45:27jurors paid special attention to One
- 2:45:30Singular thing something that was so
- 2:45:32convincing that it could easily be
- 2:45:34argued was the actual Smoking Gun in the
- 2:45:37state's case against Darley and now we
- 2:45:40have finally arrived at the most
- 2:45:42important moment of the state's entire
- 2:45:45case against darlie Routier evidence so
- 2:45:48moving and Powerful that Jared Charles
- 2:45:51Samford has since stated in a sign
- 2:45:53affidavit that it was precisely because
- 2:45:55of the fact that the prosecution showed
- 2:45:58this evidence so many times during the
- 2:46:00trial that it was the main reason that
- 2:46:03he voted to convict Darley but yours
- 2:46:06Samford would also say in his affidavit
- 2:46:08that if he had seen the complete funeral
- 2:46:11footage from that day that he would have
- 2:46:13not voted to convict her so it wasn't
- 2:46:16the forensic evidence or the
- 2:46:18circumstantial evidence or a bread knife
- 2:46:21or Rags or a sock or changing stories
- 2:46:24about the crime or even the testimony by
- 2:46:27people claiming Darley was a bad mother
- 2:46:29or anything else brought by the state
- 2:46:31during her trial that convinced the jury
- 2:46:34but it was this VHS tape evidence that
- 2:46:37they would watch seven different times
- 2:46:39during their four-hour jury deliberation
- 2:46:42that would ultimately convince them to
- 2:46:45convict darlie Lynn Routier Beyond any
- 2:46:48reasonable doubt
- 2:46:54I still remember the moment like it was
- 2:46:57yesterday when I got the call that my
- 2:46:59grandfather had died he wasn't like a
- 2:47:02father to me
- 2:47:04he was a father to me and when the
- 2:47:07cancer finally took him
- 2:47:09it broke me I knew that he wasn't gonna
- 2:47:11live forever but a childlike part of me
- 2:47:14wished he had because from the day I was
- 2:47:17born he was there he had always been
- 2:47:20there for me from my early adolescence
- 2:47:22every summer I would go and stay with
- 2:47:25him at his house every day was an
- 2:47:27adventure filled with stories and
- 2:47:30laughter for hours into the night
- 2:47:32spending days getting lost in the
- 2:47:34Arroyos spending nights learning from
- 2:47:36him what it meant to be a man so when
- 2:47:40the day came to have his funeral I
- 2:47:42remember just how much my heart hurt
- 2:47:45standing outside of that church I
- 2:47:48couldn't muster the courage to go inside
- 2:47:50mainly because I had lost all control
- 2:47:52over the grief I don't ever recall
- 2:47:55crying like that in my entire life
- 2:47:58but later that day when we got together
- 2:48:01as a family despite our hurt we
- 2:48:04celebrated because we knew that was what
- 2:48:07he would have wanted that was the way we
- 2:48:10chose to honor him not because of his
- 2:48:13death but because of his life and if
- 2:48:17there had been news crews and cameras
- 2:48:19recording that moment and you had seen
- 2:48:21it for yourself it may not have made any
- 2:48:24sense to you a family grieving the loss
- 2:48:27of someone we loved more than life
- 2:48:29itself and yet we were dancing laughing
- 2:48:32remembering the life that he lived in
- 2:48:35the profound impact of that life on each
- 2:48:38of us to many people it may have seemed
- 2:48:41disrespectful or even inappropriate and
- 2:48:44to any who would have thought that all I
- 2:48:47would say is this
- 2:48:48you didn't know him the way I did
- 2:48:50because you would not have been able to
- 2:48:53see with your eyes the heaviness of my
- 2:48:55heart in that moment but if it were
- 2:48:58possible for you to have felt the weight
- 2:49:00of that loss then there would have been
- 2:49:02no doubt the whole his absence left
- 2:49:05behind and how much I will always miss
- 2:49:08and love that man and the truth is I
- 2:49:11don't need to defend darlie Routier and
- 2:49:14I don't need to come up with
- 2:49:15explanations for how she chose to grieve
- 2:49:18because they very well may not be the
- 2:49:21things that you or I would do but for me
- 2:49:24judging her guilt or innocence and
- 2:49:27sending her to death row based on how
- 2:49:30well she grieved that is beyond the pale
- 2:49:32a few months before I was born my
- 2:49:35grandmother died from complications
- 2:49:37arising from her lifelong battle with
- 2:49:40COPD asthma she would leave us at just
- 2:49:4345 years old as a teenager I had never
- 2:49:47seen my grandfather cry the same Man Who
- 2:49:50Loved To Dance who always had a smile
- 2:49:53and Who Loved fiercely had experienced a
- 2:49:57life-altering tragedy that he hid behind
- 2:50:00a wall of strength growing up he rarely
- 2:50:03spoke of her he never seemed to show any
- 2:50:05significant outward appearance of his
- 2:50:08grief but I always knew that he missed
- 2:50:10her dearly years later when I became an
- 2:50:13adult there was a time when I brought my
- 2:50:15guitar to his house I had always heard
- 2:50:18that he was a prolific guitarist so I
- 2:50:20asked him to play he looked at me and
- 2:50:24doing his best to compose himself he
- 2:50:27explained that on the day that my
- 2:50:28grandmother passed he put down his
- 2:50:31guitar car an instrument that he had
- 2:50:33always used to sing to her something
- 2:50:35that was a part of their love story and
- 2:50:38that very day
- 2:50:40he chose to never play again that was
- 2:50:43the day I saw my grandfather cry a day
- 2:50:46that I learned a very important lesson
- 2:50:49about loss I learned to never assume
- 2:50:53that you know someone's pain based on
- 2:50:55their expressions alone because
- 2:50:57sometimes the person smiling and
- 2:51:00carrying on is the same person who is
- 2:51:02caring for their remaining loved ones by
- 2:51:05staying strong
- 2:51:07because the reality is that they are
- 2:51:10actually carrying the weight of the
- 2:51:11world on their shoulders and they are
- 2:51:14doing everything in their power to hide
- 2:51:16it
- 2:51:22when I had finally reached the end of my
- 2:51:25journey I looked back down the mountain
- 2:51:27seeing the months of reading scouring
- 2:51:31court records and combing through every
- 2:51:33imaginable detail I could find on
- 2:51:35darley's case but before I could Summit
- 2:51:38the final few steps of this seemingly
- 2:51:41impossible climb I had to be certain
- 2:51:43that I could make it the rest of the way
- 2:51:45so I began my final Ascent taking my
- 2:51:49first step I found within the record
- 2:51:51statements from family members who
- 2:51:54discussed darley's condition in the days
- 2:51:56after she came home from the hospital
- 2:51:58they explained how she had refused to go
- 2:52:01anywhere by herself that she was
- 2:52:04absolutely terrified of being alone of
- 2:52:07being attacked again she even asked
- 2:52:10family members to follow her to every
- 2:52:13room of the house because of how
- 2:52:15gripping that fear had become another
- 2:52:18step as the summit becomes more clear I
- 2:52:21listened to all of the character
- 2:52:22characterizations of darley's breast
- 2:52:24implants over and over again the
- 2:52:27countless times that she was accused of
- 2:52:29being vain materialistic and
- 2:52:32money-hungry something that today would
- 2:52:34be dismissed as ignorant hate speech but
- 2:52:38I persisted listening to the claims of a
- 2:52:40motive that did not fit the evidence and
- 2:52:43attacks on her character that had
- 2:52:45nothing legally to do with the charges
- 2:52:47against her I listened as the prosecutor
- 2:52:51attacked her as a failed abusive and
- 2:52:53degenerate mother who did not love her
- 2:52:55children then watching Darley in
- 2:52:58countless Home Videos loving on her boys
- 2:53:01and in interviews after her
- 2:53:03incarceration taking every chance she
- 2:53:06had to send messages to her only
- 2:53:08remaining child Drake completely
- 2:53:11unfocused on herself but on the needs of
- 2:53:14a child who grew up without his mom
- 2:53:17seemingly desperate to remind him that
- 2:53:19even though she couldn't be there for
- 2:53:21him that she loves him seemingly more
- 2:53:24than life itself and then I tried to
- 2:53:27imagine what it would have been like if
- 2:53:29my own mother had been judged so harshly
- 2:53:32at her worst moments another step and
- 2:53:35I'm nearly there now I read the
- 2:53:37innumerable times Darley was mocked by
- 2:53:40prosecutors by the media and even
- 2:53:43YouTube content creators people calling
- 2:53:46her a dangerous and deranged psychopath
- 2:53:49without so much as a qualified
- 2:53:50assessment from any of her treating
- 2:53:53Mental Health Providers agreeing with
- 2:53:55that characterization whatsoever
- 2:53:57observing as these same people laugh and
- 2:54:01mock her as she sings to her son a son
- 2:54:04that she was forced to watch suffer with
- 2:54:07leukemia after he was diagnosed at the
- 2:54:10age of 17 unable to comfort him or touch
- 2:54:14him through the thick glass desperate to
- 2:54:16soothe her child as he fought for his
- 2:54:18life during chemotherapy trying to
- 2:54:21comprehend how I would feel if any one
- 2:54:24of my daughters or my fiance was
- 2:54:26scrutinized that same way where somehow
- 2:54:29it's appropriate and even acceptable to
- 2:54:32discuss a woman's weight her body her
- 2:54:35clothing or how she chooses to live her
- 2:54:38life I could see that the Summit is feet
- 2:54:41away now and I look out into a world
- 2:54:43that so many women have been forced to
- 2:54:46live in where they are often not
- 2:54:48believed assumed to be lying presumed
- 2:54:51that if they wear certain clothes or act
- 2:54:54a certain way or worst of all if they
- 2:54:57are not religious and don't attend
- 2:54:59church regularly then whatever happened
- 2:55:01to them is somehow their fault where if
- 2:55:05they don't emulate the expectations of
- 2:55:07their conservative community and
- 2:55:09demonstrate the life of a good and
- 2:55:11virtuous Christian woman then guilt is
- 2:55:14virtually assumed I see a world my loved
- 2:55:18ones live in where women are routinely
- 2:55:20fearful of going out by themselves
- 2:55:22ourselves where men decide what they can
- 2:55:24or cannot do with their own bodies where
- 2:55:28they are afraid of being attacked or
- 2:55:30assaulted and then blamed by the world
- 2:55:32for bringing it on themselves and shamed
- 2:55:35for the crimes committed against them
- 2:55:37and by the time I stepped onto the
- 2:55:40summit I remembered hearing about when
- 2:55:42the state took Drake away from his
- 2:55:45family when CPS went to the home of
- 2:55:48Darley and Darren Routier and took Drake
- 2:55:51from Darren and not because he had
- 2:55:53failed at his duties as a father or
- 2:55:55because of allegations of wrongdoing by
- 2:55:57either parent but because Darren had the
- 2:56:00audacity to continue to support his wife
- 2:56:03Darley and as a consequence of that
- 2:56:07support CPS took darley's child from her
- 2:56:10from Darren and told him to his face
- 2:56:13that a man that could still support
- 2:56:15Darley was not fit to be a parent it was
- 2:56:19so clear that the justice system had
- 2:56:21made up their mind from the beginning
- 2:56:24forming a vendetta against the routers
- 2:56:26and that you would have to ignore the
- 2:56:29literal mountain of evidence that I was
- 2:56:31now standing on in order to not see that
- 2:56:34that's so much of the reason why people
- 2:56:37believe her to be guilty is because the
- 2:56:40state never bothered to look anywhere
- 2:56:42else and the cold harsh reality is that
- 2:56:46law enforcement the prosecutors and
- 2:56:48ultimately the jury did not convict
- 2:56:51Darley based on empirical scientific
- 2:56:54evidence but by the jury's own admission
- 2:56:57chose to send her to death row because
- 2:57:00of a video that in their four hour
- 2:57:02deliberation they would watch and
- 2:57:05re-watch seven times over a jury who
- 2:57:09chose to cast judgment on Darley for her
- 2:57:12perceived failure to appropriately
- 2:57:14grieve the loss of her sons a jury that
- 2:57:18was never shown the rest of that day at
- 2:57:20the funeral site where Charlie had spent
- 2:57:23the preceding hours at the boys
- 2:57:25gravesite shattered broken and sobbing
- 2:57:29standing there on top of the mountain
- 2:57:31that became darley's trial and
- 2:57:33conviction I remembered how I felt in
- 2:57:36the beginning because I truly never
- 2:57:38thought I would be able to reach the top
- 2:57:41and find my own answers to the questions
- 2:57:44that darley's jury had answered so
- 2:57:47quickly a case that took me months to
- 2:57:50read and fully understand was somehow
- 2:57:52decided in a handful of hours by a jury
- 2:57:55who had not been told the whole truth I
- 2:57:58stood there realizing that I had found
- 2:58:00answers that I never intended on finding
- 2:58:03answers that weren't based on unprovable
- 2:58:06conjecture or obscure conspiracy
- 2:58:09theories but just the available facts
- 2:58:12facts that told me everything I needed
- 2:58:15to know but more importantly than what I
- 2:58:18found was the realization that it wasn't
- 2:58:20time for me to answer those two
- 2:58:23questions
- 2:58:24it was time for you to answer them
- 2:58:27several months ago I asked our community
- 2:58:29which case they wanted me to investigate
- 2:58:31next the resounding answer was the case
- 2:58:35and trial of darlie Routier but I could
- 2:58:38not have imagined where my investigation
- 2:58:40would eventually lead a journey that
- 2:58:43began with such certainty and
- 2:58:45determination would take an unexpected
- 2:58:48turn that would call into question my
- 2:58:50most fundamental beliefs of the entirety
- 2:58:53of the Criminal Justice System but while
- 2:58:56I may have narrated my own journey
- 2:58:58through this case the story is
- 2:59:00incomplete without you so I would like
- 2:59:03to ask you to answer those questions we
- 2:59:06started with from the very beginning to
- 2:59:09write in the comments section your
- 2:59:11answers and as a juror cast your vote
- 2:59:14for the following questions we began
- 2:59:17with one do you find that darlie Lynn
- 2:59:21Routier is guilty Beyond any reasonable
- 2:59:24doubt and two does Charlie Routier
- 2:59:28deserved the death penalty now I
- 2:59:31realized that it would be very easy to
- 2:59:33see this exercise as a fruitless
- 2:59:35Endeavor without any real world impact
- 2:59:38but I assure you it's not because one
- 2:59:42day months or even years from now you
- 2:59:45may be called upon as a juror to be one
- 2:59:48of those 12 people who are given the
- 2:59:50awesome responsibility of deciding
- 2:59:53whether or not someone lives or dies and
- 2:59:57my hope is that when that time comes and
- 3:00:00it's you that has to make that choice
- 3:00:02that you will remember this moment and
- 3:00:05that most of all you will have the
- 3:00:07courage to follow your convictions and
- 3:00:10to allow the truth to guide you
- 3:00:18I want to take a moment to thank those
- 3:00:21of you who have taken the time to listen
- 3:00:23to this entire episode and for affording
- 3:00:26me such an incredible amount of your
- 3:00:28time and for the patients as I worked
- 3:00:31over the last several months to put this
- 3:00:33together I know that going through this
- 3:00:35case has not been easy and it isn't the
- 3:00:39jovial and lighthearted Journey that we
- 3:00:41are often accustomed to taking together
- 3:00:43some of you may be surprised to learn
- 3:00:45that it was not my intent to try and
- 3:00:48convince you of darley's Innocence today
- 3:00:50but if I'm being honest more than
- 3:00:52anything my goal was to passionately
- 3:00:55advocate for all of the victims of this
- 3:00:58case by now it's likely already obvious
- 3:01:01but I will always advocate for Equity
- 3:01:04within our justice system regardless of
- 3:01:07the case or how that defendant is
- 3:01:09perceived because from the very moment I
- 3:01:12realized that darley's case meant all of
- 3:01:15the criteria of someone who at the very
- 3:01:18least deserved a re-trial I also
- 3:01:20realized that my view of her case would
- 3:01:23likely be wildly unpopular with a large
- 3:01:25demographic of people who will always
- 3:01:28believe that Darley is guilty no matter
- 3:01:30what they are shown to disprove it I
- 3:01:34realize that this video would likely
- 3:01:36mean that I would be on the receiving
- 3:01:38end of angry people who are not
- 3:01:40interested in the legal ethical and
- 3:01:43evidence eventually reasons that support
- 3:01:45my view but I don't create these videos
- 3:01:48for likes or followers or because I want
- 3:01:51to be the next popular True Crime
- 3:01:54Creator the reality is that it would
- 3:01:56have been far easier for me to Simply
- 3:01:58say that she was guilty just like a
- 3:02:01majority of people have to this point to
- 3:02:03Simply ignore everything I saw in the
- 3:02:05trial record and simply go with the flow
- 3:02:08it would have been much simpler for me
- 3:02:10to come down on Darley to be one of the
- 3:02:13many people along the way who claim that
- 3:02:16her perceived failures and everything
- 3:02:18presented at trial was sufficient
- 3:02:20evidence to establish guilt Beyond any
- 3:02:23reasonable doubt and then send her off
- 3:02:25to death row without another thought but
- 3:02:28I simply could not do that not knowing
- 3:02:31what I now know even if it meant losing
- 3:02:34followers or the good graces of this
- 3:02:37community because that would require me
- 3:02:39to ignore the blatant misconduct the
- 3:02:42legal and ethical wrongdo doing the
- 3:02:44mountain of contrary evidence to the
- 3:02:46state's case and the fundamental
- 3:02:49violations of the rules that govern the
- 3:02:51entirety of our judicial system and for
- 3:02:54me no amount of internet clout is worth
- 3:02:57my integrity
- 3:02:58truthfully and I mean this I don't think
- 3:03:02I'm special but I do think that this is
- 3:03:05long overdue and if we have any hope of
- 3:03:08giving our children a better world than
- 3:03:11the one we found we cannot allow or
- 3:03:14continue to ignore an injustice of this
- 3:03:17magnitude for me the bottom line is very
- 3:03:21simple because it doesn't matter who the
- 3:03:24person is if we are not willing to
- 3:03:26fairly evaluate both sides of a criminal
- 3:03:29action honestly sincerely and with
- 3:03:32veracity then we will continue to
- 3:03:35witness headlines of posthumously
- 3:03:37exonerated death row inmates for decades
- 3:03:40to come a Crimson Stain that I believe
- 3:03:43we will never wash away no matter how
- 3:03:46much time passes over it at the onset of
- 3:03:50my analysis I understood why so many
- 3:03:52people believe Darley is guilty and
- 3:03:55deserves the punishment that was levied
- 3:03:57against her but now having read every
- 3:04:00page of every document that came from
- 3:04:02her trial her appeals and then listening
- 3:04:05to every iteration from every story that
- 3:04:08has covered her case podcasts included a
- 3:04:12question kept creeping up in the back of
- 3:04:14my mind even when I was still convinced
- 3:04:17that she was responsible and by the time
- 3:04:20I finished studying the totality of her
- 3:04:23case that question was the only thing
- 3:04:25that remained because no matter how many
- 3:04:28times I've listened to or watched media
- 3:04:31that has discussed her case far too few
- 3:04:34people have ever considered the weight
- 3:04:36of this question in fact I can guarantee
- 3:04:40you that despite everything I just
- 3:04:42shared with you there will still be
- 3:04:44countless people who will completely
- 3:04:46disregard all of it because one of the
- 3:04:50most difficult parts of our Humanity to
- 3:04:52overcome is when we are faced with
- 3:04:55evidence that challenges fundamental
- 3:04:57beliefs that we have held from many
- 3:04:59years when we are told that something we
- 3:05:02believe
- 3:05:03may be wrong but when you look out into
- 3:05:07the world around us and see the current
- 3:05:09state of our justice system an
- 3:05:12institution That was supposed to be
- 3:05:13built on a foundation of Presumed
- 3:05:16innocence it calls out to us to right
- 3:05:18the wrongs of the past and to be willing
- 3:05:21to ask these questions a question that
- 3:05:25for me was the last and final piece of
- 3:05:28the puzzle that I found buried
- 3:05:31underneath the weight of darley's
- 3:05:33conviction a question that I believe we
- 3:05:37cannot afford not to ask so I'll go
- 3:05:41ahead and ask the question what if for
- 3:05:44the last 27 years darlie Lynn Routier
- 3:05:49has been telling the truth this whole
- 3:05:52time and what if she did not commit this
- 3:05:57crime
- 3:06:04because if we really allow ourselves to
- 3:06:07ask that question taking into
- 3:06:10consideration everything we just learned
- 3:06:12the weight and pain of the answer it's
- 3:06:17unfathomable because it would mean that
- 3:06:20every single time that people have
- 3:06:22labeled her a monster a liar a sociopath
- 3:06:26a family killer it would mean that every
- 3:06:30single one of those people were wrong
- 3:06:32and that she has spent the last 27 years
- 3:06:36of her life on death row for a crime
- 3:06:39that someone else perpetrated against
- 3:06:42her and her children and I categorically
- 3:06:46refuse to be one of the many people who
- 3:06:49have cast stones at a woman who
- 3:06:51continues to maintain her innocence
- 3:06:54knowing what I now know and I believe
- 3:06:57that question is one that Liddell Lee
- 3:07:00wished prosecutors appellate judges and
- 3:07:03the jurors who sentenced him to death
- 3:07:06row had asked sincerely before they
- 3:07:09signed off on his death warrant but the
- 3:07:12truth is no matter how you answer that
- 3:07:15question the fact Still Remains that the
- 3:07:19accused convicted and sentenced to death
- 3:07:22row prisoner number
- 3:07:25999-220 Darley Lynn Routier she is an
- 3:07:30inmate but she is also a friend a mother
- 3:07:34and a woman whose story that I believe
- 3:07:38and she is quickly running out of time
- 3:07:56[Music]
- 3:08:14[Music]
- 3:08:18foreign
- 3:08:24[Music]
- 3:09:00it's almost hard to believe that
- 3:09:02creating this video took as much time as
- 3:09:05it did but for me getting to this point
- 3:09:09was worth every minute of every hour
- 3:09:12that it took but even still I want to
- 3:09:15thank each of you for taking the time to
- 3:09:18allow me to share that Journey with you
- 3:09:20today
- 3:09:21now I understand that some of you will
- 3:09:23passionately disagree with me and that's
- 3:09:26okay we can disagree but I do want to
- 3:09:29say one last thing concerning this case
- 3:09:32my belief in darling routier's innocence
- 3:09:35is absolute especially now that I have
- 3:09:39seen the trial records for myself
- 3:09:42please understand that I encourage every
- 3:09:45person to review the case and make their
- 3:09:47own determination but my perspective is
- 3:09:50my own and I will continue to advocate
- 3:09:53for Devin Damon and Darley for as long
- 3:09:57as I have breath but I do want to thank
- 3:09:59each of you for granting me an audience
- 3:10:02even though some of us will inevitably
- 3:10:04not see eye to eye I still want to thank
- 3:10:07you for your time and for your
- 3:10:09thoughtful consideration concerning a
- 3:10:11case that for me has been transformative
- 3:10:15in more ways than one
- 3:10:17now as many of you may already know the
- 3:10:20last several months also brought some
- 3:10:22unique challenges to my life in early
- 3:10:25February I became very ill and I am
- 3:10:28still in the process of trying to manage
- 3:10:30my ongoing health problems however it
- 3:10:34was during that time that so many of you
- 3:10:36went out of your way to express support
- 3:10:39posting kind messages and offering words
- 3:10:42of encouragement and to each of you I
- 3:10:45just want to say thank you for helping
- 3:10:47renew my faith in humanity and for
- 3:10:49reminding me how truly exceptional so
- 3:10:52many of you in this community truly are
- 3:10:56concerning new content on the channel
- 3:10:58for the foreseeable future I am going
- 3:11:00back to making shorter videos that don't
- 3:11:03take well over 600 hours to create which
- 3:11:07means we will be returning to a regular
- 3:11:10upload schedule starting next week also
- 3:11:13I have seen the many requests for
- 3:11:15follow-up videos to Prior series I've
- 3:11:17already covered so in the next few weeks
- 3:11:19I will be doing exactly that
- 3:11:21additionally I will be adding a new
- 3:11:24focused to this channel to start
- 3:11:26highlighting cases like darlies which I
- 3:11:28believe need to be brought to the
- 3:11:30Forefront of the entire True Crime
- 3:11:32community so expect to see new and
- 3:11:35follow-up cases coming in the next few
- 3:11:37weeks now I want to take a moment to
- 3:11:40personally and profusely thank my
- 3:11:42patreon and YouTube supporters the fact
- 3:11:45that so many of you continued to believe
- 3:11:48in me as I worked on this case during my
- 3:11:51recovery is nothing short of remarkable
- 3:11:54this content is a reflection of my
- 3:11:56gratitude and my way of saying thank you
- 3:11:59for your kindness and support it is
- 3:12:02because of each of you that I am able to
- 3:12:05do what I truly love I also want to take
- 3:12:09a moment to thank my fiance for her love
- 3:12:12and support over the last several months
- 3:12:14it is not an exaggeration to say that
- 3:12:17you continue to help me through a very
- 3:12:20painful and challenging time thank you
- 3:12:23for being the woman that you are I love
- 3:12:25you endlessly and I am truly a better
- 3:12:28man because of you now before we close I
- 3:12:32have one final request as trite as it
- 3:12:36may seem please consider liking
- 3:12:38commenting and subscribing each of those
- 3:12:41things are profound ways for you to show
- 3:12:43support for this Channel and so that
- 3:12:45more people can have the opportunity to
- 3:12:48hear this story so thank you from the
- 3:12:51bottom of my heart for being a part of
- 3:12:53the BCM Community for supporting me and
- 3:12:56this Channel and most of all for the
- 3:12:59gift of your time it is a gift that I
- 3:13:02will truly never cease being grateful
- 3:13:05for so as always
- 3:13:07this has been behind Criminal Minds
- 3:13:10we'll see you next time
- 3:13:13[Music]
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