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Darlie Routier | New Evidence Uncovered | An Inmate & Mother Running Out Of Time — Transcript

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  1. 0:00the case of darlie Routier is one of the
  2. 0:02most tragic and painstaking death row
  3. 0:05investigations I have encountered in the
  4. 0:08entirety of my legal career what began
  5. 0:10as a simple analysis of a case that had
  6. 0:13been described to me as an open and shut
  7. 0:15conviction entirely devoid of Reasonable
  8. 0:18Doubt transformed into several months of
  9. 0:20an arduous investigation culminating in
  10. 0:23an unexpected discovery of new evidence
  11. 0:25evidence that until now has never been
  12. 0:28previously reported details that would
  13. 0:31go on to reframe my understanding of
  14. 0:33darley's case as well as the entirety of
  15. 0:36the Criminal Justice System several
  16. 0:39months ago I started my analysis of the
  17. 0:41infamous death row case having very
  18. 0:43little prior knowledge concerning the
  19. 0:45details surrounding it after my initial
  20. 0:47assessment of the facts I like many
  21. 0:49others before me adopted a clear
  22. 0:52position concerning her guilt and
  23. 0:54conviction but then I began to read the
  24. 0:56court transcripts as well as the
  25. 0:58supporting records and what what I found
  26. 1:01on those pages revealed a deeply
  27. 1:03disconcerting legal debacle unlike
  28. 1:06anything I have seen in years the
  29. 1:08ramifications of which we will discuss
  30. 1:11at length today do you think the case
  31. 1:14their case was damaged when Dolly took
  32. 1:16the stand in our own defense yeah I
  33. 1:17think it was damaged because you know it
  34. 1:19gave us an opportunity to show the jury
  35. 1:21the real darly Routier I think uh what
  36. 1:24they saw as a person who is cares about
  37. 1:27one thing and that's themselves
  38. 1:29and she was exposed for being a liar and
  39. 1:32anytime you can expose the defendant for
  40. 1:34being a liar it's a circumstantial
  41. 1:36evidence case the jury is going to be
  42. 1:38much more likely to convey and it is my
  43. 1:41belief that what I'm about to show you
  44. 1:43in today's video is a story that has yet
  45. 1:46to be told in its entirety until now on
  46. 1:50June 6 1996 at 2 31 am the Rowlett Texas
  47. 1:55Police Department received a frantic
  48. 1:57call from the Routier home darlie
  49. 1:59Routier had called 9-1-1 in a frenzy
  50. 2:02after she and her two boys had suffered
  51. 2:05catastrophic injuries at the hands of an
  52. 2:07alleged Intruder a crime that would
  53. 2:10claim both boys lives minutes after law
  54. 2:13enforcement arrived the responding
  55. 2:15officers would begin surveying the scene
  56. 2:17and quickly established his strong and
  57. 2:19unwavering opinion that the person
  58. 2:22responsible for this vicious attack was
  59. 2:24not an intruder but the boy's own mother
  60. 2:27darlie Lynn Routier over the course of
  61. 2:30the next few weeks law enforcement began
  62. 2:32an aggressive investigation that sought
  63. 2:35to prove their primary theory that
  64. 2:37Darley had perpetrated these unspeakable
  65. 2:39acts against her own children within a
  66. 2:43few short weeks the case the state had
  67. 2:45built against Darley was already
  68. 2:46considerable but law enforcement would
  69. 2:49inadvertently receive one of the most
  70. 2:51important elements of their case gift
  71. 2:53wrap in a box covered in dollar store
  72. 2:56Silly String by none other than their
  73. 2:59primary suspect herself darlie Routier
  74. 3:04for some this may seem a strange thing
  75. 3:07to do in an odd place and time
  76. 3:11[Music]
  77. 3:13singing Happy Birthday in a cemetery to
  78. 3:16a son who was brutally stabbed to death
  79. 3:18just over a week ago
  80. 3:23but Dolly and Darren Routier say this is
  81. 3:25appropriate for them and their family it
  82. 3:28was a crime of moral ineptitude caught
  83. 3:31on camera that would all but guarantee
  84. 3:33that a jury would convict darly Beyond
  85. 3:36any reasonable doubt and just seven
  86. 3:39months later the weight of that video
  87. 3:41would help to convict darlie Routier for
  88. 3:43the homicide of her son Damon Routier
  89. 3:46and her sentence by the jury was the
  90. 3:49death penalty in the Years following her
  91. 3:51trial the general public remained fairly
  92. 3:53confident over the veracity of her
  93. 3:55conviction however over time that
  94. 3:58sentiment has started to change while
  95. 4:00many have never doubted her guilt others
  96. 4:03believed that she was not afforded a
  97. 4:05fair and unbiased trial and now that the
  98. 4:08Innocence Project has agreed to
  99. 4:10represent Darley many have started to
  100. 4:12question the case that was brought
  101. 4:13against her at trial but for the 53 year
  102. 4:17old death row inmate who has exhausted
  103. 4:19most of her remaining appeals the
  104. 4:21inescapable reality is that she is
  105. 4:24quickly running out of time in today's
  106. 4:27video we will analyze the case brought
  107. 4:29against Darley at trial by the
  108. 4:31prosecution and then we will carefully
  109. 4:34review the evidence that has arisen in
  110. 4:36support of her innocence we will examine
  111. 4:39the court records the evidence the
  112. 4:41testimony and the surrounding facts of
  113. 4:43her case as we try to piece together a
  114. 4:46fragmented puzzle of this American
  115. 4:48Tragedy and when I have placed all of
  116. 4:51the pieces of the puzzle out for you to
  117. 4:53see I will show you the Lost puzzle
  118. 4:56piece that I found buried in an area
  119. 4:58that no one thought to look evidence
  120. 5:01that was seemingly stored away
  121. 5:03misunderstood and forgotten and it's
  122. 5:06what I found in that evidence that
  123. 5:08caused me to fundamentally change my
  124. 5:11understanding and view of the case
  125. 5:13brought against darlie Routier
  126. 5:16so today I would like to invite you to
  127. 5:18come with me down this winding rabbit
  128. 5:20hole and go back in time to a small East
  129. 5:24Texas town in the conservative center of
  130. 5:26the Bible Belt as we try to uncover the
  131. 5:29truth of what happened that terrible
  132. 5:31June night inside of the Routier home
  133. 5:35this is a death row inmate or a mother
  134. 5:38Running Out of Time the darly Routier
  135. 5:40Case episode one
  136. 5:52now before we begin there's something
  137. 5:55very important that I need to cover
  138. 5:57first from the very first day that I
  139. 5:59began my analysis into darley's case I
  140. 6:03immediately noticed the sheer volume of
  141. 6:05documentaries and related media that has
  142. 6:07been created since darley's conviction
  143. 6:09with the prevailing view of that media
  144. 6:12and the general public widely in support
  145. 6:14of darley's conviction now while that
  146. 6:17wasn't surprising or unexpected what was
  147. 6:20concerning to me is the discourse that
  148. 6:22surrounds this case please allow me to
  149. 6:25explain I realized that many people who
  150. 6:28have studied this case and are familiar
  151. 6:30with the facts surrounding it have very
  152. 6:32strong beliefs concerning her conviction
  153. 6:34and it's precisely because of those
  154. 6:36strong convictions that you don't have
  155. 6:38to look far to see people throughout the
  156. 6:40entirety of the internet angrily
  157. 6:42attacking anyone who tries to analyze
  158. 6:44this case from a contrary or an
  159. 6:47objective standpoint but reviewing this
  160. 6:49case from an objective standpoint is
  161. 6:52exactly what I intend to do today
  162. 6:53primarily because I believe there are
  163. 6:56vital legal and societal issues that
  164. 6:59stem from darley's conviction that we
  165. 7:02cannot afford to ignore so instead of
  166. 7:04creating a documentary that largely
  167. 7:06repeats the same facts that you have
  168. 7:08already heard a story that ultimately
  169. 7:11arrives at the same conclusion I wanted
  170. 7:13to take a vastly different approach in
  171. 7:16today's video to tell you both sides of
  172. 7:19this case as completely and as
  173. 7:21thoroughly as I can early on in my
  174. 7:24analysis I realized something critically
  175. 7:26important about this case the matter of
  176. 7:29darlie Routier strikes at the heart of
  177. 7:31our very Humanity because it doesn't
  178. 7:33just involve a crime against the
  179. 7:35innocent it is something far worse it is
  180. 7:39a horrific and unpardonable offense
  181. 7:41against children and it is the nature of
  182. 7:44this crime that calls Upon Our human
  183. 7:46nature to demand Justice and instills in
  184. 7:49each of us the desire to want to take up
  185. 7:52arms against the perpetrator and Dole
  186. 7:54out that Justice ourselves for a crime
  187. 7:57that we can all agree was truly
  188. 8:00reprehensible and completely
  189. 8:02Unforgivable
  190. 8:03but the criminal justice system was
  191. 8:05created as a beacon of objectivity blind
  192. 8:08and impartial where the truth and
  193. 8:10evidence is the ultimate guide in how
  194. 8:13and when we Dole out that Justice where
  195. 8:16our righteous and understandable anger
  196. 8:18is mitigated by the impartiality of a
  197. 8:21system that weighs in the balance
  198. 8:23whether or not someone lives or dies a
  199. 8:27system of justice predicated on the
  200. 8:29notion that we are innocent until proven
  201. 8:32guilty Beyond any reasonable doubt where
  202. 8:35our need for Retribution and Punishment
  203. 8:38does not guide our judges or our
  204. 8:40prosecutors and most especially our
  205. 8:43juries but that we allow the truth to
  206. 8:46dictate how and when we make the most
  207. 8:48severe of those judgments and that isn't
  208. 8:51merely a lofty idea that we hope exists
  209. 8:54within our courts and judicial corridors
  210. 8:56but objectivity fairness and the truth
  211. 8:59are the very tenets of the American
  212. 9:01criminal justice system so today as we
  213. 9:04evaluate both sides of the darly rootier
  214. 9:07case I am asking each of you to play a
  215. 9:10very important role I am asking you to
  216. 9:13review this case as an impartial juror
  217. 9:16as though you have been chosen to make
  218. 9:18the final determination at her trial to
  219. 9:21sit in the seat of judgment and to
  220. 9:23fairly evaluate both sides of the
  221. 9:26evidence additionally I will share with
  222. 9:28you vitally important legal issues that
  223. 9:31I have identified in my own evaluation
  224. 9:33of her case and at the conclusion of
  225. 9:36this video you will be called upon to
  226. 9:38decide to determine her guilt or her
  227. 9:41innocence so today I invite you to take
  228. 9:44notes listen closely and most
  229. 9:47importantly withhold judgment until you
  230. 9:49have heard all of the facts from both
  231. 9:51sides in their entirety and when the
  232. 9:55totality of the evidence has been
  233. 9:56presented you will be asked to make your
  234. 9:59final judgment and to answer the
  235. 10:01following questions one one is darlie
  236. 10:04Routier guilty Beyond any reasonable
  237. 10:07doubt and two does darlie Routier
  238. 10:11deserve the death penalty I believe that
  239. 10:14the answer to these questions is one of
  240. 10:16the most important and solemn
  241. 10:18responsibilities within our criminal
  242. 10:20justice system and today you have been
  243. 10:23called upon to make that choice so with
  244. 10:26that as our guide let's begin
  245. 10:32the June summer air was hot and sticky
  246. 10:36that evening in the small conservative
  247. 10:38East Texas town of roulette the spacious
  248. 10:41Routier home had finally started to
  249. 10:43settle as Darren took baby Drake
  250. 10:45upstairs in an effort to give Darley a
  251. 10:48long overdue and much needed reprieve it
  252. 10:51had been months since Starley could
  253. 10:53remember getting more than a few hours
  254. 10:55of rest before being woken up and after
  255. 10:58months of sleep deprivation Financial
  256. 11:00stressors and familial disputes the
  257. 11:03young mother was nearing a mental and
  258. 11:05emotional collapse the last few months
  259. 11:07since Drake's birth had been
  260. 11:09particularly brutal getting him to sleep
  261. 11:11through the night had been a
  262. 11:12near-constant struggle most of the time
  263. 11:15she would be lucky to string together a
  264. 11:17few hours of sleep before it was time to
  265. 11:19get up and do it all over again to add
  266. 11:22to her ongoing stress she had struggled
  267. 11:24with losing the baby weight that she had
  268. 11:26gained during her pregnancy with Drake
  269. 11:28but thankfully she had heard of an
  270. 11:30immensely popular diet pill called Ben
  271. 11:32that her doctor had been more than happy
  272. 11:35to prescribe by early June she had been
  273. 11:38taking the diet pills for several months
  274. 11:40and while they did seem to help it
  275. 11:43wasn't the miracle drug that she had
  276. 11:44been hoping for but if all that wasn't
  277. 11:46enough the young family had hit a rough
  278. 11:49patch that had seemingly affected every
  279. 11:52area of their lives Darren's once
  280. 11:55exceedingly successful business had seen
  281. 11:57an unexpected downturn and things
  282. 11:59weren't as comfortable financially as
  283. 12:01they had been before
  284. 12:03as a result the couple seemed to find
  285. 12:05themselves in more frequent and
  286. 12:07explosive arguments over money but that
  287. 12:10wasn't the only thing bothering Darley
  288. 12:12she felt different and despite her best
  289. 12:15efforts to ignore it she just didn't
  290. 12:17feel like herself anymore her
  291. 12:19relationship with Darren was reaching a
  292. 12:21critical mass from the financial and
  293. 12:24emotional stress she found herself
  294. 12:26lashing out at him more frequently over
  295. 12:28his inattentive nature with their boys
  296. 12:30and while she loved him she knew things
  297. 12:33could not stay the same and the weight
  298. 12:35of that realization was becoming
  299. 12:38untenable in the preceding days she had
  300. 12:41found herself unable to Keep from Crying
  301. 12:43feeling despondent and she knew that
  302. 12:46something was very wrong one afternoon
  303. 12:49she began feverishly writing in her
  304. 12:51journal words that felt honest and yet
  305. 12:54part of her couldn't believe that she
  306. 12:56was effectively writing a letter telling
  307. 12:58her family goodbye it was shocking to
  308. 13:01her because the words on that page were
  309. 13:03the truth a truth that was about to
  310. 13:06become front page news for all the world
  311. 13:09to see no one can know with absolute
  312. 13:12certainty the exact events of what
  313. 13:14transpired in the minutes and hours
  314. 13:16preceding 2 31 am at the Routier home
  315. 13:19but what we do know is that shortly
  316. 13:22after 1am on June 6 1996 darlie Routier
  317. 13:26went downstairs with her boys Devin and
  318. 13:29Damon to sleep in the family living room
  319. 13:31and what transpired over the next 90
  320. 13:34minutes in the rootier home would
  321. 13:36radically alter the course of their
  322. 13:39lives
  323. 13:39forever at 2 31 am 911 dispatchers for
  324. 13:44the Rowlett Police Department received a
  325. 13:46desperate and hysterical call from 5801
  326. 13:49Eagle Drive the home of Darren and
  327. 13:52darlie Routier
  328. 13:54within the first few seconds of the call
  329. 13:56Darley can be heard shouting for help to
  330. 13:58the 9-1-1 operator
  331. 14:02[Music]
  332. 14:06initially the 911 dispatcher was unable
  333. 14:09to clearly understand Darley but 23
  334. 14:12seconds after the call began the
  335. 14:14operator request EMS and law enforcement
  336. 14:17to respond to the scene for an unknown
  337. 14:19medical emergency at 5801 Eagle Drive
  338. 14:27at nearly 30 seconds into the call
  339. 14:29Darley frantically tells the operator
  340. 14:3551 seconds in the operator can be heard
  341. 14:39communicating to First Responders
  342. 14:44[Music]
  343. 14:48at the one minute and 24 second Mark
  344. 14:50Darley can be heard communicating to her
  345. 14:53husband Darren
  346. 14:58just 32 seconds later two minutes into
  347. 15:01the call Darley is asked by the operator
  348. 15:04to explain what happened and Darley
  349. 15:06provides her first detailed explanation
  350. 15:09of the crime
  351. 15:12[Music]
  352. 15:25[Music]
  353. 15:29at approximately 2 32 a.m just two
  354. 15:33minutes after Darley initiated the call
  355. 15:35to 9-1-1 responding officer David
  356. 15:37Waddell of the Rowlett Police Department
  357. 15:40would arrive on scene at 2 minutes and
  358. 15:4338 seconds into the call the operator
  359. 15:45asked Starly for additional information
  360. 15:48anybody in the house to talk to you and
  361. 15:51your children
  362. 15:57okay now three minutes into the call we
  363. 16:00can hear Darley impatiently asking for
  364. 16:02the status of the already in route
  365. 16:05paramedics
  366. 16:13and again 30 seconds later Darley
  367. 16:16expresses urgency at the timeliness of
  368. 16:19the still inbound EMS responders
  369. 16:24one of the next things we hear in the
  370. 16:26recording is Officer Waddell instructing
  371. 16:29Darley to look for a rag to help provide
  372. 16:31emergency medical assistance to her
  373. 16:34Gravely injured Sons it would later be
  374. 16:37revealed a trial that the confusion
  375. 16:38happening in this call was due to the
  376. 16:40fact that Darley Was Heard communicating
  377. 16:42to officer Waddell in between speaking
  378. 16:45with the 9-1-1 operator but at the four
  379. 16:48minute Mark of the call Darley can be
  380. 16:50heard initially speaking to officer
  381. 16:52Waddell and then the operator about the
  382. 16:55alleged intruder
  383. 17:03how many times
  384. 17:05and just seconds later Darley again asks
  385. 17:08for the status of the still incoming
  386. 17:10paramedics
  387. 17:17nearing the end of the call Darley is
  388. 17:20again her describing her reaction to the
  389. 17:22alleged intruder
  390. 17:28but this next interaction at the five
  391. 17:30minute Mark and subsequent conversation
  392. 17:32between darlie Routier officer Waddell
  393. 17:35and the 911 operator would become the
  394. 17:38Bedrock of the state's case against her
  395. 17:40a moment that has been widely viewed as
  396. 17:43one of the most initially important
  397. 17:45elements of establishing the suspicion
  398. 17:48that would ultimately lead to darley's
  399. 17:50arrest
  400. 17:53[Applause]
  401. 17:58at 5 minutes and 19 seconds Darley
  402. 18:02speaks to her husband Darren and is
  403. 18:04heard discussing the intruder
  404. 18:08[Music]
  405. 18:12shortly after Darley was instructed to
  406. 18:14end the call with the 9-1-1 operator EMS
  407. 18:17and additional law enforcement would
  408. 18:19begin to arrive at the scene after a
  409. 18:22short wait outside while law enforcement
  410. 18:23secured the scene the EMTs were
  411. 18:25eventually giving clearance and rushed
  412. 18:27inside the Routier home quickly
  413. 18:29assessing the Gravely injured Routier
  414. 18:31boys in a matter of moments they
  415. 18:34realized the catastrophic severity of
  416. 18:36the injuries the boys had sustained
  417. 18:38tragically Devin was already Beyond
  418. 18:41medical intervention by the time
  419. 18:43paramedics arrived as a result of his
  420. 18:45injuries he would be pronounced at the
  421. 18:47scene in the attending paramedic would
  422. 18:50have to move on to the other injured
  423. 18:52family members after a brief assessment
  424. 18:55EMTs would rush Damon and Darley to
  425. 18:57Baylor Medical Center to receive
  426. 18:59emergency medical care despite the emt's
  427. 19:02best efforts Damon would not survive the
  428. 19:05devastating injuries he had sustained
  429. 19:07tragically he would be pronounced
  430. 19:10shortly after he arrived at the hospital
  431. 19:12but EMTs had been unsuccessful in
  432. 19:15regaining any of his Vital Signs and
  433. 19:17root while still at the rootier home law
  434. 19:20enforcement quickly began surveying the
  435. 19:22scene to try and locate any evidence of
  436. 19:25the Intruder Darley had identified in
  437. 19:27her initial call at first law
  438. 19:29enforcement would find evidence that
  439. 19:31seemed consistent with darley's claims
  440. 19:32of an intruder including the living room
  441. 19:35coffee table having been moved a broken
  442. 19:37wine glass in the kitchen and a knocked
  443. 19:39over vacuum cleaner law enforcement
  444. 19:41would also find evidence that initially
  445. 19:43seemed consistent with a break-in inside
  446. 19:45the garage which had a screen door
  447. 19:47window that had been cut but after
  448. 19:49scouring the routier's neighborhood
  449. 19:51without finding any signs of an intruder
  450. 19:54investigators would eventually secure a
  451. 19:56sock found nearly 80 yards away from the
  452. 19:59Routier home the sock that they had
  453. 20:01found would later test positive for
  454. 20:03blood from the rootier boys as well as
  455. 20:05DNA from both Darley and Darren but
  456. 20:09testing did not reveal any foreign or
  457. 20:12unknown DNA from any one other than the
  458. 20:14Routier family after further assessment
  459. 20:17of the available evidence at the crime
  460. 20:19scene by a tenured crime scene analyst
  461. 20:22law enforcement developed significant
  462. 20:24concerns with darley's story and her
  463. 20:27claims of an intruder their concerns
  464. 20:29stem from the view of the evidence
  465. 20:31concerning an alleged Intruder but more
  466. 20:34specifically the lack thereof despite
  467. 20:37their suspicions law enforce Horsemen
  468. 20:39opted to wait for darley's initial
  469. 20:41statement after surgery to try and
  470. 20:43ascertain the true nature of this crime
  471. 20:45a short time after darlia awoke from
  472. 20:48surgery she would provide law
  473. 20:50enforcement with her initial written
  474. 20:52statement however the details she gave
  475. 20:54would only raise their suspicions of her
  476. 20:57involvement homicide detectives were
  477. 20:59struck at the lack of detail in her
  478. 21:01report and her inability to offer any
  479. 21:04reasonable description of the
  480. 21:06perpetrator Beyond telling them that he
  481. 21:08wore jeans a ball cap and a dark t-shirt
  482. 21:11the lack of any considerable description
  483. 21:14of the intruder's facial features were
  484. 21:16only compounded when CSI investigators
  485. 21:18at the scene noticed that if an intruder
  486. 21:21had been present that they had failed to
  487. 21:23take anything from the home including
  488. 21:25darley's extensive jewelry collection
  489. 21:27that was downstairs in plain view as
  490. 21:31investigators began to try and piece
  491. 21:33together the details of her statement
  492. 21:34they began to realize that her version
  493. 21:37of events were inconsistent with what
  494. 21:39they were seeing at the crime scene and
  495. 21:41it would be fair to say that from the
  496. 21:43very beginning darlie Routier was the
  497. 21:46primary suspect in connection with this
  498. 21:48brutal crime and the Rowlett Police
  499. 21:50Department was certain that they had the
  500. 21:52right person in their sights and from
  501. 21:54that point forward they focused all of
  502. 21:57their resources into pursuing their
  503. 21:59primary suspect in connection with this
  504. 22:02unspeakable crime against the Routier
  505. 22:04boys in the initial days following the
  506. 22:07attack law enforcement began to dive
  507. 22:10into Darren and darley's life eventually
  508. 22:12opting to begin surveilling their
  509. 22:14day-to-day movements but their
  510. 22:16investigation would be gifted one of the
  511. 22:18most important elements of their case by
  512. 22:21the local news media at the site of
  513. 22:23Damon and Devin's funeral without
  514. 22:25prompting Darley Routier gave the police
  515. 22:28one of the most important pieces of the
  516. 22:30case that prosecutors would eventually
  517. 22:33use against her this moment was captured
  518. 22:36in the hours after the routers had
  519. 22:38conducted a private family funeral for
  520. 22:40both boys and was recorded by the local
  521. 22:43news after this segment was aired the
  522. 22:46response from the general public was
  523. 22:48pure and unadulterated outrage those who
  524. 22:52viewed the broadcast were stunned and
  525. 22:54disgusted that a mother who had just
  526. 22:56lost her eldest boys could demonstrate
  527. 22:59such an irreverent and careless display
  528. 23:01it would go on to become the final piece
  529. 23:04of the puzzle the prosecution needed to
  530. 23:07arrest their sole suspect in connection
  531. 23:09with this inhuman crime and just four
  532. 23:13days after this Infamous Silly String
  533. 23:15video was taken at the site of her boy's
  534. 23:18funeral darlie Lynn Routier was arrested
  535. 23:21for the first degree homicides of her
  536. 23:23two eldest boys Devin and Damon Routier
  537. 23:26the state would waste no time in
  538. 23:29pursuing their case against her and just
  539. 23:32six months later the trial of darlie
  540. 23:34Routier began with their mandate from
  541. 23:37the public in hand the prosecutors would
  542. 23:40stop at nothing to ensure Darley Swift
  543. 23:43and just conviction at any and all costs
  544. 23:50the trial of darlie Routier began
  545. 23:52exactly six months to the day after the
  546. 23:55homicides of her sons with the first day
  547. 23:57of trial beginning on January 6
  548. 24:001997. the state's case was led by
  549. 24:03prosecutors Toby Shook and Greg Davis
  550. 24:05who were tenured and experienced
  551. 24:08litigators men who understood the
  552. 24:10intricacies of the courtroom and as
  553. 24:13those who have practiced law no trial
  554. 24:15work is an art form the trial itself
  555. 24:18would last for nearly five weeks which
  556. 24:20included dozens of witnesses experts and
  557. 24:24testimony from members of the community
  558. 24:25as well as friends and family of the
  559. 24:27routers
  560. 24:28now in the interest of time and due to
  561. 24:31the sheer size and scope of the trial
  562. 24:33record I'm going to summarize the
  563. 24:35primary points that were brought against
  564. 24:36Darley by the state you will hear the
  565. 24:39core evidence as it was shown to the
  566. 24:41jury in January of 1997 but remember
  567. 24:44you're going to be hearing both sides of
  568. 24:46this case including new details that the
  569. 24:49jury was never told the following is the
  570. 24:52case brought forward by the state's
  571. 24:54prosecutors against their defendant
  572. 24:56darlie Lynn Routier
  573. 24:59an arrest warrant is the legal basis by
  574. 25:02which the state or law enforcement
  575. 25:03agency is granted Authority by a
  576. 25:06presiding judge to detain arrests and
  577. 25:09eventually prosecute a criminal
  578. 25:10defendant and in the matter of darlie
  579. 25:13Routier the rest warrant contained many
  580. 25:15of the main tenants of the state's case
  581. 25:17that would eventually be brought against
  582. 25:19her at trial it is not uncommon to see
  583. 25:22arrest warrants that cover a wide
  584. 25:24variety of criminal infractions as
  585. 25:26supported by the available evidence that
  586. 25:28are intended to depict the legal basis
  587. 25:30for why the state is pursuing charges
  588. 25:33against the accused now it's important
  589. 25:35to remember that a defendant does not
  590. 25:38need to be found not guilty of every
  591. 25:40claim of wrongdoing associated with the
  592. 25:43specific charge but if any modicum of
  593. 25:45Reasonable Doubt is established at trial
  594. 25:48then the law demands that the defendant
  595. 25:51be acquitted of that charge and with
  596. 25:53that in mind prosecutors Toby Shook and
  597. 25:56Greg Davis were careful to bring the
  598. 25:58most viable cases against darlie Routier
  599. 26:00and intentionally only pursued the
  600. 26:02criminal action for the homicide of
  601. 26:04Damon and not Devin This legal maneuver
  602. 26:07allowed for them to pursue a crime
  603. 26:10eligible for Capital Punishment Due to
  604. 26:12the boy's age despite the overwhelming
  605. 26:15consensus by the general public
  606. 26:17concerning darley's guilt at the time
  607. 26:19these experienced prosecutors knew from
  608. 26:22the beginning that motive would be a
  609. 26:24considerable issue for their case
  610. 26:26while the state does not need to prove
  611. 26:29motive it cannot however be ignored and
  612. 26:32in Prosecutor Greg Davis's opening he
  613. 26:35outlined for the jury the indictment and
  614. 26:37case against darlie Lynn Routier
  615. 26:40but these are the primary tenets of
  616. 26:42criminality brought against her during
  617. 26:44her trial
  618. 26:46number one darlie Routier was
  619. 26:48materialistic Vain and demonstrated
  620. 26:51Behavior Unbecoming of a mother number
  621. 26:55two darley's statements were
  622. 26:57inconsistent and appeared to contain
  623. 26:59evidence of a cover-up number three
  624. 27:02Darley failed to provide any medical
  625. 27:04assistance to her children at the scene
  626. 27:07of the crime
  627. 27:084. law enforcement was unable to find
  628. 27:12evidence of an intruder number five
  629. 27:15forensic evidence found inside the
  630. 27:17rootier house showed signs of a staged
  631. 27:20crime scene number six darley's wounds
  632. 27:23were deemed medically superficial and
  633. 27:25were inconsistent with the severity of
  634. 27:27the injuries sustained by Damon and
  635. 27:30Devin injuries that were believed to
  636. 27:33have been self-inflicted since these
  637. 27:35were the primary claims made by
  638. 27:37prosecutors we will now begin to analyze
  639. 27:39each claim brought forward by the state
  640. 27:43from the opening statements of the trial
  641. 27:46the prosecution quickly set the stage
  642. 27:48for the jury concerning the character of
  643. 27:50darlie Routier she was regularly and
  644. 27:53repeatedly described as a vapid selfish
  645. 27:56and absent-minded mother who was so
  646. 27:59motivated by greed and material
  647. 28:01possessions that she ended the lives of
  648. 28:03her two eldest boys out of Rage
  649. 28:05convenience and ultimately for financial
  650. 28:07gain in the form of their tandem five
  651. 28:10thousand dollar life insurance policies
  652. 28:12the following is an exact quote from
  653. 28:16Prosecutor Greg Davis's opening
  654. 28:18statement that he spoke to the jury at
  655. 28:20the commencement of darley's trial quote
  656. 28:24and perhaps most importantly the
  657. 28:26evidence will show you that the money
  658. 28:28trained from Darren's business was
  659. 28:30beginning to Peter out when we come to
  660. 28:33June 5th 1996 the evidence is going to
  661. 28:37show you that those problems began to
  662. 28:39worsen and they have worsened over time
  663. 28:42by that date the defendant right over
  664. 28:45there still had not lost the weight that
  665. 28:47she had gained during her pregnancy and
  666. 28:49that had led her by June 5th 1996 to
  667. 28:53begin taking pills in order to try and
  668. 28:55get back that figure she was no longer
  669. 28:59the Glamorous blonde center of attention
  670. 29:01by that date by this time Drake was
  671. 29:04eight months old Drake Devin and Damon
  672. 29:07were taking up more and more of her time
  673. 29:09and by this time she was becoming angry
  674. 29:12because in fact her lifestyle that she
  675. 29:15had grown accustomed to the vacations
  676. 29:17the buying sprees the nice things the
  677. 29:21freedom those things were starting to go
  678. 29:23away a unquote during the trial several
  679. 29:27people would testify for the prosecution
  680. 29:29speaking to the character of darlie
  681. 29:31Routier and most importantly her
  682. 29:33behavior as a mother this included
  683. 29:35testimony by Alison Hennessey who told
  684. 29:38the jury that she witnessed Darley
  685. 29:39routinely allow her very young children
  686. 29:42to play outside near the street
  687. 29:44unsupervised including allowing their
  688. 29:47babysitter to drink alcohol and smoke
  689. 29:49cigarettes despite the fact that she was
  690. 29:51only 16 years old
  691. 29:53a neighbor Eileen Shermer also testified
  692. 29:56for the state and against Darley
  693. 29:58concerning an incident where in the
  694. 30:00summer of 1994 the routers had invited
  695. 30:03her and her children out to the lake on
  696. 30:05their boat
  697. 30:06the Routier boys were only four and five
  698. 30:09years old and were not yet competent
  699. 30:11swimmers Eileen attempted to express
  700. 30:13concern to Darley about the fact that
  701. 30:15they weren't wearing life preservers but
  702. 30:18were still allowed to run around the
  703. 30:19docks unsupervised Eileen would testify
  704. 30:22that neither Darley nor Darren seem to
  705. 30:25pay any attention to her concerns about
  706. 30:27their children's safety she would go on
  707. 30:30to testify about how she too had seen
  708. 30:32the children running around outside
  709. 30:34unsupervised even going out of view of
  710. 30:37Darley riding their bikes in the street
  711. 30:39where they could have easily been
  712. 30:41injured by oncoming cars Eileen
  713. 30:43explained to the jury that when she
  714. 30:45expressed these concerns to Darley she
  715. 30:48was met with a cold and muted antipathy
  716. 30:50virtually ignoring her concerns
  717. 30:52altogether
  718. 30:54several other instances were discussed
  719. 30:56at trial that seemed to paint darly as a
  720. 30:58cold at times unkind and borderline
  721. 31:01abusive distant mother someone who
  722. 31:04appeared to lack the attentiveness and
  723. 31:06Care indicative of a loving and
  724. 31:08responsible mother
  725. 31:11two minutes into Darley routier's
  726. 31:14initial phone call to 9-1-1 she's
  727. 31:16clearly heard giving her initial
  728. 31:18description of an alleged Intruder she
  729. 31:20explains that he attacked her children
  730. 31:22then her that she was fighting with him
  731. 31:25and then he ran out through the garage
  732. 31:27throwing the knife down as he fled
  733. 31:30a short time later after Darley is told
  734. 31:32by the 911 operator not to touch
  735. 31:34anything we hear Darley making a highly
  736. 31:37unusual comment about having already
  737. 31:39picked up the knife saying and I quote
  738. 31:42God I bet if we could have gotten the
  739. 31:44prince maybe prosecutors shook explained
  740. 31:48to the jury just how problematic that
  741. 31:50comment was chiding Darley a mother who
  742. 31:53had just somehow slept through the
  743. 31:55vicious and brutal attack of her two
  744. 31:58young boys a sleep mere feet away while
  745. 32:00it transpired and is now minutes later
  746. 32:03seemingly more concerned about the
  747. 32:05alleged intruder's fingerprints than she
  748. 32:07is her own critically wounded children
  749. 32:10Darley had even described herself as a
  750. 32:13light sleeper and had told law
  751. 32:14enforcement that she went to sleep
  752. 32:16downstairs that evening precisely
  753. 32:18because of the fact that baby Drake woke
  754. 32:20her up so often throughout the night but
  755. 32:23when Darley would eventually testify
  756. 32:25during the trial she was unable to
  757. 32:27provide any explanation for how she
  758. 32:30could have stayed asleep during this
  759. 32:33brutal attack but most problematic to
  760. 32:35darley's case were the inconsistencies
  761. 32:38and ongoing alterations to her version
  762. 32:40of events and prosecutors were able to
  763. 32:43demonstrate to the jury how darley's
  764. 32:45story frequently changed over time what
  765. 32:48she had initially told the 911 operator
  766. 32:50had changed to something entirely
  767. 32:52different less than 48 hours later when
  768. 32:55she provided her initial statement to
  769. 32:57law enforcement in her written statement
  770. 32:59she now describes being woken up by
  771. 33:02Damon pressing on her right shoulder
  772. 33:03hearing him cry and then realizing that
  773. 33:06a man that she couldn't even describe
  774. 33:08was standing at the foot of her couch
  775. 33:11there was no mention of the fight that
  776. 33:13she had described in her initial call to
  777. 33:159-1-1 and unfortunately for her
  778. 33:18prosecutors would outline every new and
  779. 33:21altered iteration of her story to the
  780. 33:23jury which by all accounts was a story
  781. 33:25that changed eight different times
  782. 33:28darley's defense in response to these
  783. 33:31issues could effectively be described as
  784. 33:33Amnesia but the problem with that
  785. 33:35defense was Darley herself because in
  786. 33:38the weeks following the brutal attacks
  787. 33:40Darley would send letters to friends and
  788. 33:43family members with a more detailed
  789. 33:45description of the attacker including
  790. 33:47accusations of a specific person that
  791. 33:50she believed had to have been
  792. 33:51responsible but at her trial Darley
  793. 33:55would admit that he could not have been
  794. 33:56the perpetrator and her defense claims
  795. 33:59of Amnesia became virtually impossible
  796. 34:01to defend
  797. 34:05one of the most highly problematic
  798. 34:07elements of darley's trial arose from
  799. 34:09the testimony of First Responders
  800. 34:12prosecutors were able to establish from
  801. 34:14officer Waddell's testimony as well as
  802. 34:16the tape 9-1-1 recording that upon
  803. 34:19arriving he instructed Darley to apply
  804. 34:21pressure to Damon's wounds officer
  805. 34:24Waddell testified that she seemingly
  806. 34:26ignored his instruction choosing instead
  807. 34:29to remain focused on the 9-1-1 call and
  808. 34:32her own injuries
  809. 34:33a short time later he would again tell
  810. 34:35her to get towels to help treat Damon's
  811. 34:38injuries something that can be heard
  812. 34:40during the recorded call but again
  813. 34:42Darley would not respond and continue to
  814. 34:45hold a towel to her own neck now this
  815. 34:49would be challenged by the defensive
  816. 34:50trial including testimony from both
  817. 34:52Darley and Darren claiming that Darley
  818. 34:54had been wetting towels and placed them
  819. 34:56on Damon's back prior to officer
  820. 34:58Waddell's arrival Darren would also
  821. 35:01testify that Darley had helped him hold
  822. 35:03Damon's back wounds while he was
  823. 35:05providing first aid prior to the First
  824. 35:07Responders arrival however during the
  825. 35:10trial the paramedic who was first to
  826. 35:12enter the scene testified that he saw no
  827. 35:15towels on Damon from the moment he
  828. 35:18walked through the door and this
  829. 35:20testimony would have a profound effect
  830. 35:22on the jury because by this point they
  831. 35:25had already heard considerable
  832. 35:26circumstantial evidence of darley's
  833. 35:29questionable Behavior as a mother prior
  834. 35:31to the events of June 6 but what
  835. 35:34continued to work against darley's
  836. 35:36defense was the incontrovertible fact
  837. 35:38that if her story was true that she had
  838. 35:41slept through the attacks and then
  839. 35:44failed to provide first aid to her
  840. 35:46Gravely injured Sons now I wanted to
  841. 35:49take a brief moment to provide you with
  842. 35:51some insight into my analysis at this
  843. 35:54moment of my investigation when I began
  844. 35:57reviewing the extensive history of this
  845. 35:59case I intentionally started with the
  846. 36:02various documentaries podcasts and
  847. 36:04YouTube videos that are firmly in
  848. 36:06support of her guilt I wanted to know
  849. 36:09all of the primary issues that have been
  850. 36:11brought against her before I thoroughly
  851. 36:13reviewed the claims of her innocence and
  852. 36:16I intentionally began this way because
  853. 36:18that was always how I approached any
  854. 36:21client's case that I worked on in my
  855. 36:23legal career I would want to know
  856. 36:25exactly what I was up against before I
  857. 36:28started any work on developing a legal
  858. 36:30strategy for trial
  859. 36:32but if I'm being completely transparent
  860. 36:35when I arrived at this part of darley's
  861. 36:37case being a father of three young
  862. 36:40children I could not reconcile these
  863. 36:43issues a mother who tells the world that
  864. 36:46she's a sound sleeper who intentionally
  865. 36:48goes downstairs to sleep with her boys
  866. 36:51precisely because she wakes up so easily
  867. 36:54is then somehow asleep through the
  868. 36:56brutal attacks of her children and the
  869. 36:59attacks against her as well I understood
  870. 37:02why so many people are so passionate
  871. 37:05about their belief of her guilt stemming
  872. 37:07from this issue alone but that is
  873. 37:10exactly why I intentionally chose to
  874. 37:13remain objective why I removed my own
  875. 37:16personal feelings and chose instead to
  876. 37:18continue to follow the evidence no
  877. 37:20matter where it LED and while we are
  878. 37:23still making our way through the state's
  879. 37:25case against her remember we are not
  880. 37:27even close to being done yet so let's
  881. 37:30continue
  882. 37:33James cron was an experienced crime
  883. 37:36scene investigator who had worked on
  884. 37:38thousands of cases during his
  885. 37:40significant 39-year career but prior to
  886. 37:43the events that had transpired the
  887. 37:45morning of June 6 that the Routier home
  888. 37:47he had already gone into retirement
  889. 37:49however when the Rowlett Police
  890. 37:52Department's leadership became aware of
  891. 37:54the size and scope of the crime scene at
  892. 37:565801 Eagle Drive they reached out to Mr
  893. 38:00cron and asked him to come out of
  894. 38:02retirement and he agreed during the
  895. 38:05trial he would testify that within 20 to
  896. 38:0730 minutes of arriving at the rootier
  897. 38:09home he developed a strong suspicion
  898. 38:11that the crime scene had signs of being
  899. 38:13staged and that their primary suspect
  900. 38:16was likely Darley herself crime scene
  901. 38:19analysts began to survey the scene
  902. 38:21taking into account the verbal
  903. 38:23statements that Darley had provided the
  904. 38:25911 operator as well as the law
  905. 38:27enforcement officers who had arrived
  906. 38:29shortly thereafter initially Crown would
  907. 38:32noticed that the living room coffee
  908. 38:33table appeared to have been moved that
  909. 38:36there was broken glass on the kitchen
  910. 38:37floor as well as a vacuum cleaner that
  911. 38:40was now laying on its side but he would
  912. 38:43eventually come to the conclusion that
  913. 38:45coupled with the blood evidence found
  914. 38:46underneath these items that they could
  915. 38:49not have occurred without purposeful
  916. 38:50intent and expressly for the purposes of
  917. 38:54staging the scene investigator cronwood
  918. 38:57testified that he and his team were
  919. 38:58unable to locate the kind of evidence
  920. 39:01consistent with the struggle in the
  921. 39:03manner that Darley had described
  922. 39:05furthermore they had not found blood
  923. 39:07evidence in the garage or the kind of
  924. 39:09shoe pattern evidence that you would
  925. 39:11expect to see from an intruder fleeing
  926. 39:13the scene either in the garage Disturbed
  927. 39:16dust from the windowsill impressions in
  928. 39:18the mulch or blood evidence that they
  929. 39:20would expect to find from an intruder on
  930. 39:23the gate leading out of the Routier
  931. 39:25backyard in the weeks and months
  932. 39:27following the crime forensic analysts
  933. 39:29for the state would eventually test the
  934. 39:31various evidence taken from the crime
  935. 39:33scene and they were unable to locate any
  936. 39:36foreign DNA from anyone other than the
  937. 39:39Routier family during the trial the lack
  938. 39:42of evidence supporting darley's claims
  939. 39:44was compounded by the fact that her
  940. 39:46lawyer failed to provide anything to the
  941. 39:48jury that would counter the state's
  942. 39:50expert testimony who had provided
  943. 39:52forensic evidence that refuted
  944. 39:57the forensic evidence found at the
  945. 39:59Routier home has largely been viewed as
  946. 40:01some of the most compelling brought
  947. 40:03forward by the prosecution during
  948. 40:05darley's trial I could very easily spend
  949. 40:09several hours discussing it in great
  950. 40:11detail but for the sake of brevity and
  951. 40:14so that this video isn't 14 hours long I
  952. 40:16will cover the main points if you recall
  953. 40:19when investigator cron arrived at the
  954. 40:21scene he noticed a few things that he
  955. 40:23believed were out of place Chief among
  956. 40:26them was the broken wine glass the
  957. 40:28vacuum cleaner and the visible blood
  958. 40:30evidence that didn't seem to match
  959. 40:32darley's story during the 9-1-1 call
  960. 40:34Darley had mentioned that the Intruder
  961. 40:36had dropped the knife in their utility
  962. 40:38room as he ran out of the house into the
  963. 40:41garage but during kron's investigation
  964. 40:43he noticed that there wasn't a blood
  965. 40:45pattern consistent with a knife having
  966. 40:47been dropped from any height let alone
  967. 40:49the height of a man who Darley would
  968. 40:51later describe as being over six feet
  969. 40:53tall furthermore the broken wine glass
  970. 40:56would again failed to support darley's
  971. 40:58statements she had previously explained
  972. 41:01that while running towards the Intruder
  973. 41:03she had heard glass break however when
  974. 41:05crime scene investigators found the
  975. 41:07glass they noticed that it was on top of
  976. 41:10the blood evidence which suggested that
  977. 41:13the glass was broken after she had
  978. 41:15already been injured by what the state
  979. 41:17believed was a self-inflicted wound the
  980. 41:20same pattern was found by KRON when he
  981. 41:22evaluated the evidence around and
  982. 41:25beneath the vacuum cleaner which also
  983. 41:27had blood evidence and glass underneath
  984. 41:29it evidence that would again support the
  985. 41:32state's theory that it had been moved
  986. 41:34after the fact in an effort to try and
  987. 41:36Stage the scene to show evidence
  988. 41:39consistent with an intruder but it's
  989. 41:41what crime scene analyst found in the
  990. 41:44kitchen that brought the prosecution's
  991. 41:46primary case against Darley into
  992. 41:48overdrive forensic analysts were able to
  993. 41:51use luminol around the kitchen sink that
  994. 41:54showed trace evidence consistent with
  995. 41:56someone in the router home cleaning up
  996. 41:59areas of the crime scene prosecutors
  997. 42:01would use this as proof that Darley had
  998. 42:04intentionally inflicted her own wounds
  999. 42:06staged the crime scene and quickly tried
  1000. 42:09to clean it up before law enforcement
  1001. 42:11could arrive but easily some of the most
  1002. 42:14compelling evidence that was presented
  1003. 42:16to the jury as the indisputable proof of
  1004. 42:19darley's guilt would come from the
  1005. 42:20family kitchen knife block analysts for
  1006. 42:23the prosecution would testify that the
  1007. 42:25bread knife found within it had tested
  1008. 42:28positive for trace evidence in the form
  1009. 42:30of fiberglass rods that prosecutors
  1010. 42:33would explain to the jury were identical
  1011. 42:35to the screen window fiberglass rods
  1012. 42:38found in the family's garage and with
  1013. 42:41this forensic evidence in hand the state
  1014. 42:43would assert that this knife had to have
  1015. 42:46been used to cut the garage screen door
  1016. 42:48which would completely eliminate the
  1017. 42:51possibility of an intruder since an
  1018. 42:53intruder would have needed the bread
  1019. 42:55knife to gain entry into the rootier
  1020. 42:57home and as a consequence of this
  1021. 43:00devastating forensic evidence it by
  1022. 43:03extension would only further support the
  1023. 43:05idea that Darley had staged the crime
  1024. 43:07scene herself while the defense did
  1025. 43:10cross-examine various State Witnesses
  1026. 43:12and experts they were largely
  1027. 43:14unsuccessful in providing any
  1028. 43:16explanation to the jury that would
  1029. 43:18explain the enormity of the evidence
  1030. 43:20against their client but there was still
  1031. 43:22additional evidence that would become
  1032. 43:24far more important to the jury an
  1033. 43:27unstoppable train picking up speed on a
  1034. 43:30one-way destination headed straight for
  1035. 43:33Darley Routier
  1036. 43:37one of the most considerable hurdles the
  1037. 43:40prosecution laid for the defense was the
  1038. 43:42differentiation between the catastrophic
  1039. 43:44injuries sustained by Damon and Devin
  1040. 43:46and the Fairly minor injuries Darley
  1041. 43:48suffered the prosecution would call the
  1042. 43:51various treating medical providers to
  1043. 43:53the stand who testified to the fact that
  1044. 43:55darley's neck wound was entirely
  1045. 43:57superficial the treating providers would
  1046. 44:00also testify that the depth of her neck
  1047. 44:02injury was minor enough that would only
  1048. 44:04require minor stitching to close and was
  1049. 44:07nowhere near the severity of what the
  1050. 44:09rootier boys had suffered during their
  1051. 44:12testimony it was regularly repeated that
  1052. 44:15her injuries were superficial a term
  1053. 44:17that was used so frequently in relation
  1054. 44:19to darley's injuries that nearly 30
  1055. 44:21years later it is one of the most widely
  1056. 44:24known facts portrayed about darley's
  1057. 44:26case additionally experts would testify
  1058. 44:29at trial that her injuries appeared to
  1059. 44:31have been self-inflicted when compared
  1060. 44:34to the evidence at the crime scene
  1061. 44:35darley's story was the that she had
  1062. 44:38sustained the injury to her neck while
  1063. 44:40still laying on the couch but during
  1064. 44:42trial prosecutors would point out to the
  1065. 44:44jury the lack of blood evidence on the
  1066. 44:46couch that in any way supported her
  1067. 44:48claim when taken in tandem with what
  1068. 44:51investigators found at the sink which
  1069. 44:53included extensive amounts of pooled
  1070. 44:55blood evidence prosecutors explained to
  1071. 44:57the jury that this was consistent with a
  1072. 45:00self-inflicted injury over the kitchen
  1073. 45:02sink that was entirely superficial and
  1074. 45:06nowhere near the severity of what Damon
  1075. 45:08and Devin endured now to those of you
  1076. 45:11who have previously watched my content
  1077. 45:13you are already likely aware of the fact
  1078. 45:15that I intentionally steer away from
  1079. 45:18discussing details that are
  1080. 45:20uncharacteristically unsafe for young
  1081. 45:22audiences there are a number of reasons
  1082. 45:25why I do this but most of all it is to
  1083. 45:28honor the victims in this case
  1084. 45:30since beginning this channel late last
  1085. 45:32year I have received dozens of comments
  1086. 45:34from mothers and fathers alike who have
  1087. 45:36thanked me for creating content with
  1088. 45:38that in mind content that they are often
  1089. 45:41able to enjoy in the company of their
  1090. 45:43children and I will continue to make
  1091. 45:46this my focus for many years to come
  1092. 45:48here on YouTube now to those who are
  1093. 45:51already familiar with this case you are
  1094. 45:53likely already aware of the specific
  1095. 45:55details of what happened to the Routier
  1096. 45:57boys which has been discussed at length
  1097. 46:00by virtually every documentary that has
  1098. 46:02ever covered this horrific tragedy
  1099. 46:04frankly I don't want to contribute to
  1100. 46:07that in this video however to those who
  1101. 46:10are interested in studying this case
  1102. 46:12further I will provide additional
  1103. 46:14resources in the description for your
  1104. 46:16own personal analysis but I will simply
  1105. 46:19say this what happened on June 6 1996 is
  1106. 46:24an unimaginable and horrific tragedy and
  1107. 46:27before I'm done with this video I will
  1108. 46:29do my best to honor the lives of Damon
  1109. 46:33and Devin Routier and the happy joyful
  1110. 46:36and full lives they lived so with that
  1111. 46:39said let's continue
  1112. 46:44one of the most important moments of any
  1113. 46:48jury trial is the closing arguments a
  1114. 46:51well-prepared closing can make or break
  1115. 46:54your case and no one understands that
  1116. 46:56better than prosecutor Jeff Ashton by
  1117. 47:00the time he stood in front of the jury
  1118. 47:02he was so thoroughly convinced that he
  1119. 47:04had won them over that he had succeeded
  1120. 47:07in establishing the guilt of the
  1121. 47:08defendant that he didn't even bother to
  1122. 47:11try and establish the most important
  1123. 47:13part of his case guilt proven Beyond any
  1124. 47:18reasonable doubt many who have watched
  1125. 47:20his closing arguments have noted that he
  1126. 47:23appears arrogant overly confident and
  1127. 47:26even seems to condescend to anyone who
  1128. 47:29might think that the state had not
  1129. 47:30succeeded improving their case and I
  1130. 47:33imagine that was precisely why he was
  1131. 47:36completely shocked when the jury read
  1132. 47:38their verdict
  1133. 47:40as to the charge of first-degree murder
  1134. 47:42verdict as to count one we the jury find
  1135. 47:45the defendant not guilty a talented and
  1136. 47:48experienced prosecutor understands that
  1137. 47:51a well-constructed case is built on the
  1138. 47:53foundation of evidence forensics expert
  1139. 47:56Witnesses and facts but every prosecutor
  1140. 47:59above all else wants something even more
  1141. 48:02difficult to achieve winning the hearts
  1142. 48:05and minds of the jury it is an unspoken
  1143. 48:09rule I have witnessed in more jury
  1144. 48:11trials than most people will see in the
  1145. 48:13entirety of their lives but when a
  1146. 48:15prosecutor succeeds in captivating the
  1147. 48:18jury guilt Beyond any reasonable doubt
  1148. 48:21is sure to follow guilty verdict signed
  1149. 48:25by the four lady three two twenty three
  1150. 48:29so when closing arguments began in the
  1151. 48:32darly Routier case the jury would first
  1152. 48:34hear from prosecutor Toby shook he took
  1153. 48:37it upon himself to do the heavy lifting
  1154. 48:40by summarizing the evidence that the
  1155. 48:42state had brought against Darley over
  1156. 48:43the preceding five weeks he reminded the
  1157. 48:47jury about the changing stories Darley
  1158. 48:49told law enforcement medical
  1159. 48:50professionals family members and even
  1160. 48:53people she barely knew at least eight
  1161. 48:56different times he explained the
  1162. 48:58conflicting evidence found at the scene
  1163. 49:00and the forensic experts who had
  1164. 49:03testified to finding evidence consistent
  1165. 49:05with the crime scene having been staged
  1166. 49:07prior to law enforcement's arrival he
  1167. 49:10reminded them of the testimony that
  1168. 49:12established darley's pension for the
  1169. 49:14Finer Things in life her tendency to be
  1170. 49:16materialistic money driven and then told
  1171. 49:19them that it was the state's opinion
  1172. 49:21that this blonde bombshell who had paid
  1173. 49:23two thousand dollars for breast
  1174. 49:25augmentation had become so blinded by
  1175. 49:28her pursuit of money
  1176. 49:29she was willing to do the Unspeakable in
  1177. 49:32exchange for her freedom and for the ten
  1178. 49:35thousand dollars in Combined life
  1179. 49:37insurance policies he recapped the
  1180. 49:40financial problems the couple had come
  1181. 49:42upon that they were on the brink of
  1182. 49:43having their house foreclosed upon that
  1183. 49:46they were virtually broke and that
  1184. 49:47Darren's business was seemingly barely
  1185. 49:50Treading Water he Revisited the stories
  1186. 49:53of darley's apathy towards her own
  1187. 49:55children after law enforcement had
  1188. 49:57arrived at the scene and the stories of
  1189. 49:59those who testified that she never asked
  1190. 50:01about the condition of either Damon or
  1191. 50:03Devin that despite the fact that Darley
  1192. 50:06had needed surgery that her wounds were
  1193. 50:08entirely superficial and that she was
  1194. 50:10only ever in the ICU as a means to keep
  1195. 50:13her away from the throngs of reporters
  1196. 50:15and the public who had taken immediate
  1197. 50:18interest in her case he told the jury
  1198. 50:21again to remember the testimony from the
  1199. 50:23medical professionals who had described
  1200. 50:25Darley as whiny with a flat affect not
  1201. 50:29acting like a strut and heartbroken
  1202. 50:31mother who had just lost her two eldest
  1203. 50:33boys but rather like an uncaring and
  1204. 50:36disconnected monster who must have been
  1205. 50:39responsible for the crime prosecutors
  1206. 50:42shook reminisced with the jury
  1207. 50:43concerning the testimony that came from
  1208. 50:45blood expert Tom Beville who had
  1209. 50:47testified to the blood drops on darley's
  1210. 50:50shirt that he believed were consistent
  1211. 50:52with Darley having held the knife during
  1212. 50:54the commission of the crime he discussed
  1213. 50:57the fact that the routier's dog who was
  1214. 50:59known to bark at everyone the moment
  1215. 51:01they stepped through the door had
  1216. 51:03remained quiet throughout the entirety
  1217. 51:05of the vicious attack how the security
  1218. 51:07light in the backyard was not seen on at
  1219. 51:10the time First Responders arrived and
  1220. 51:12would have had to have been if an
  1221. 51:14intruder had gone through the backyard
  1222. 51:16since it would stay on for 18 minutes
  1223. 51:18after it was triggered and how nothing
  1224. 51:21in the house not even the pile of
  1225. 51:24jewelry sitting in plain view was ever
  1226. 51:27touched he again reminded the that
  1227. 51:30darley's injuries were minor when
  1228. 51:32compared to those that her children
  1229. 51:33suffered he discussed the unlikeliness
  1230. 51:36of an intruder breaking into the Routier
  1231. 51:38home without bringing a weapon instead
  1232. 51:41taking one from the routier's kitchen
  1233. 51:43something that was described as not only
  1234. 51:45being improbable but virtually
  1235. 51:47impossible he talked about darley's best
  1236. 51:51friend of a decade Barbara jovell and
  1237. 51:53how she testified to how money changed
  1238. 51:56Darley how she became self-centered
  1239. 51:58buying an extensive jewelry collection
  1240. 52:01decorating her home buying boats a spa
  1241. 52:04cars and that she was the dominant Buxom
  1242. 52:08blonde who spent thousands of dollars
  1243. 52:10augmenting her body that she was more
  1244. 52:13than happy to show off to the world
  1245. 52:15prosecutors shook reminded the jury of
  1246. 52:18one of the most damning pieces of
  1247. 52:19evidence that darley's own defense team
  1248. 52:22had failed to properly explain her
  1249. 52:25journal entry where she effectively told
  1250. 52:27her family goodbye that she just
  1251. 52:30couldn't keep going anymore apologizing
  1252. 52:33for what she was about to do and then a
  1253. 52:36month later the unimaginable however
  1254. 52:39it's in the final moments of his closing
  1255. 52:42arguments that prosecutors shook place
  1256. 52:44the final nail in the outer frame of
  1257. 52:46darley's coffin when he reminded them of
  1258. 52:50the now Infamous Silly String video a
  1259. 52:53video that the jury was about to watch
  1260. 52:55and re-watch seven different times
  1261. 52:58during their four hour deliberation a
  1262. 53:01video that jurors would later admit
  1263. 53:04carried more weight in their minds than
  1264. 53:06virtually anything else that had been
  1265. 53:08presented by the prosecution later on
  1266. 53:12that same day Prosecutor Greg Davis
  1267. 53:14would have the opportunity to provide
  1268. 53:16the jury with his own closing statement
  1269. 53:18but he wouldn't spend his time regaling
  1270. 53:21the jury over the minutia of the factual
  1271. 53:23evidence nearly as much as he would try
  1272. 53:25to achieve the one thing the state had
  1273. 53:28wanted from the very very beginning
  1274. 53:31hearts and Minds in his closing remarks
  1275. 53:34he compared Darley to the likes of Susan
  1276. 53:37Smith a case that had also featured a
  1277. 53:39mother who had initially claimed that
  1278. 53:41someone else had been responsible for
  1279. 53:43the Unspeakable acts against her
  1280. 53:45children only to find out that she had
  1281. 53:48been responsible all along the Susan
  1282. 53:51Smith case had inflamed a wildfire of
  1283. 53:53vitriol and anger from the general
  1284. 53:55public and prosecutor Davis made certain
  1285. 53:58to draw that comparison to his defendant
  1286. 54:01who was still insisting on her innocence
  1287. 54:03in his closing he also compared her to
  1288. 54:07the likes of Charles Manson taking time
  1289. 54:09to remind the jury of darley's failures
  1290. 54:12as a mother the morning of June 6th
  1291. 54:14failing to help her children despite
  1292. 54:17being instructed to do so by First
  1293. 54:20Responders but it was towards the end of
  1294. 54:22his impassioned speech that he turned
  1295. 54:25away from the jury and took aim at
  1296. 54:27Darley herself in a way that was
  1297. 54:29designed to get her to respond
  1298. 54:32prosecutor Davis understood that the
  1299. 54:35state's case lacked a clear and
  1300. 54:37uncontestable motive but if he could
  1301. 54:39somehow get Darley to show the jury a
  1302. 54:42moment of rage then he could prove that
  1303. 54:45she was capable of the crimes for which
  1304. 54:47she now stood trial these are some of
  1305. 54:50the final words of Prosecutor Greg
  1306. 54:52Davis's closing statements
  1307. 54:54quote you know she did it and the
  1308. 54:57defense keeps saying that I didn't show
  1309. 54:59you why she did it and I think I did we
  1310. 55:03have a pretty good snapshot look at what
  1311. 55:05This Woman's life was like back then it
  1312. 55:08was so desperate that on May 3rd 1996 in
  1313. 55:11this beautifully normal American home
  1314. 55:13with no problems in it this woman is
  1315. 55:16contemplating ending her own life you
  1316. 55:19know it wasn't good there you know the
  1317. 55:22pressures we're building up with the
  1318. 55:23children
  1319. 55:24you know she was unhappy that she hadn't
  1320. 55:26had a girl she was unhappy with her
  1321. 55:29weight and her appearance
  1322. 55:31and she's unhappy that she's not getting
  1323. 55:33the attention from her husband that she
  1324. 55:35wants to get and she is unhappy about
  1325. 55:37their financial situation
  1326. 55:40unquote in his final words he described
  1327. 55:43what the state believed happened that
  1328. 55:45night in the Routier home in graphic and
  1329. 55:48painstaking detail after describing for
  1330. 55:51the jury what the state believed Darley
  1331. 55:54had done he took aim and fired his most
  1332. 55:56direct shot telling the jury that she
  1333. 55:59was the one who was responsible for
  1334. 56:01everything that happened to Devin and
  1335. 56:03Damon Routier that morning and after 45
  1336. 56:06minutes of listening to his Onslaught
  1337. 56:09against her Darley broke in an
  1338. 56:11uncontrolled Outburst shouting back liar
  1339. 56:15you are a liar I did not end the lives
  1340. 56:18of my children
  1341. 56:19and with that Outburst prosecutor Davis
  1342. 56:22had won he had succeeded in ringing a
  1343. 56:26bell that could not be unrung it was
  1344. 56:29then that he looked at the jury having
  1345. 56:31shown them her anger in a way that no
  1346. 56:33amount of evidence could and in that
  1347. 56:36moment he achieved everything he could
  1348. 56:39have wanted in the prosecution of darlie
  1349. 56:42Lynn Routier the hearts and minds of the
  1350. 56:46jury this was one of the very last
  1351. 56:49things I read in the trial record of
  1352. 56:51darley's case and I can still remember
  1353. 56:53when I read this interaction between
  1354. 56:55Darley and prosecutor Davis it made
  1355. 56:58sense to me in that moment why so many
  1356. 57:00people who have studied the details
  1357. 57:02surrounding this case hear the evidence
  1358. 57:05that we just covered and are absolutely
  1359. 57:07convinced of darley's guilt it does it
  1360. 57:10makes sense why so many people believe
  1361. 57:12that there is no need to go beyond this
  1362. 57:15because the case the state brought
  1363. 57:17against Darley at trials seems truly
  1364. 57:19independent defensible in fact you won't
  1365. 57:22find any large True Crime creators on
  1366. 57:24this platform who have covered her case
  1367. 57:26that will even attempt to
  1368. 57:28comprehensively discuss the claims of
  1369. 57:30her innocence but I wanted to go there I
  1370. 57:33needed to go behind this criminal's mind
  1371. 57:36so that I could see for myself what if
  1372. 57:39anything I would find because when I
  1373. 57:42started this I like so many of you
  1374. 57:44believed that she was guilty but I also
  1375. 57:48had nearly 30 years of legal experience
  1376. 57:50that had taught me to never assume what
  1377. 57:53I know until I fairly evaluate the
  1378. 57:56entirety of any defendant's case from
  1379. 57:59the perspective of the governing rules
  1380. 58:01of criminal procedure the case law and
  1381. 58:04all of the available evidence and it's
  1382. 58:07precisely because of that experience
  1383. 58:09that I learned about the abundance of
  1384. 58:11cases where people who were once found
  1385. 58:14guilty Beyond any reasonable doubt were
  1386. 58:17then later determined to be innocent
  1387. 58:19after the discovery of new evidence
  1388. 58:21people who were once condemned convicted
  1389. 58:24and sentenced to death row by the
  1390. 58:26justice system only later to find that
  1391. 58:29they were telling the truth all along it
  1392. 58:32taught me to find the highest degree of
  1393. 58:35certainty in a case before I make my own
  1394. 58:38determination of guilt or innocence so
  1395. 58:41now that we have evaluated the evidence
  1396. 58:44brought forth by the state we will now
  1397. 58:46review the defense of darlie Routier
  1398. 58:53one of the most inescapable realities
  1399. 58:56for any criminal defense attorney in a
  1400. 58:58high-profile criminal trial is the
  1401. 59:01unavoidable impact of the Public's
  1402. 59:03perception in a highly media saturated
  1403. 59:06case this problem is often compounded
  1404. 59:09when that defendant has already received
  1405. 59:12widespread negative media attention and
  1406. 59:14as a consequence The public's opinion
  1407. 59:16now leans heavily towards their guilt it
  1408. 59:19is one of the main reasons why juries
  1409. 59:21are regularly instructed by the
  1410. 59:23presiding judge on the laws that govern
  1411. 59:25their decisions specifically their
  1412. 59:28inherent biases and the importance of
  1413. 59:30their objectivity however even with
  1414. 59:33these instructions and rules it is not
  1415. 59:35uncommon to find that jurors will
  1416. 59:37subvert the governing guidelines upon
  1417. 59:39them and allow their biases to dictate
  1418. 59:42how they will ultimately rule
  1419. 59:45orenthal Jane Simpson not guilty of the
  1420. 59:47crime of murder in violation of penal
  1421. 59:49code section 187 a a felony upon Nicole
  1422. 59:53John Simpson a human being as charged
  1423. 59:55and count one of the information
  1424. 59:57over the years we have become more aware
  1425. 59:59of the impact that the media and public
  1426. 1:00:02perception can have in a criminal action
  1427. 1:00:04simply by virtue of the shared number of
  1428. 1:00:07people who have been exonerated and
  1429. 1:00:09found to have been innocent of the
  1430. 1:00:11crimes for which they were previously
  1431. 1:00:12convicted
  1432. 1:00:14since 1973 at least
  1433. 1:00:17190 people have been exonerated from
  1434. 1:00:20Death Row due to Newfound evidence
  1435. 1:00:22advancements in forensics and the
  1436. 1:00:25discovery of new technologies that have
  1437. 1:00:27led to Scientific breakthroughs like DNA
  1438. 1:00:31190 people who were placed on death row
  1439. 1:00:34for a crime they did not commit is an
  1440. 1:00:38absolutely staggering number and yet
  1441. 1:00:41within the capital punishment system of
  1442. 1:00:43our country there is a far darker
  1443. 1:00:46reality an ominous truth that is
  1444. 1:00:48inextricably linked to those
  1445. 1:00:50exonerations in a way that for me is
  1446. 1:00:53simply impossible to reconcile
  1447. 1:00:56in 2021 lawyers from the Innocence
  1448. 1:00:58Project went public with a story that
  1449. 1:01:01did not receive the press or attention
  1450. 1:01:03that it deserved for 22 years Ladell Lee
  1451. 1:01:07maintained his innocence a man who had
  1452. 1:01:09been convicted of first-degree homicide
  1453. 1:01:12and was now in his final days on death
  1454. 1:01:14row his lawyers had done everything in
  1455. 1:01:17their power to petition the court to
  1456. 1:01:19conduct testing on the primary evidence
  1457. 1:01:22that led to his conviction evidence that
  1458. 1:01:25had never been DNA tested but the state
  1459. 1:01:28and judicial authorities refused his
  1460. 1:01:30appeals claiming that it was merely a
  1461. 1:01:33stall tactic and as the final seconds
  1462. 1:01:35ran off the clock Liddell Lee's death
  1463. 1:01:38warrant was signed and the state ended
  1464. 1:01:41his life normally that is where these
  1465. 1:01:43cases end people don't usually advocate
  1466. 1:01:46for convicted felons who have already
  1467. 1:01:48been executed by the state but his
  1468. 1:01:51family and lawyers from both the ACLU
  1469. 1:01:53and the Innocence Project refused to
  1470. 1:01:55give up but their request for testing of
  1471. 1:01:58the murder weapon was eventually granted
  1472. 1:02:01and what that testing revealed was and
  1473. 1:02:05is completely devastating the DNA taken
  1474. 1:02:09from the murder weapon did not belong to
  1475. 1:02:11Liddell Lee evidence that was never
  1476. 1:02:14tested that could have proved his
  1477. 1:02:16innocence definitively showed that the
  1478. 1:02:18state had executed the wrong man an
  1479. 1:02:22innocent man and that for the 22 years
  1480. 1:02:25that Liddell Lee insisted that he was
  1481. 1:02:27innocent that in fact he had been
  1482. 1:02:30telling the truth all along the day
  1483. 1:02:33before his execution he spoke with the
  1484. 1:02:35BBC in an interview he expressed his
  1485. 1:02:38exasperation with what he had been
  1486. 1:02:40forced to endure liking it to the
  1487. 1:02:42Twilight Zone and most tragic of all was
  1488. 1:02:45that even though he knew what he was
  1489. 1:02:48about to face his deepest concern in
  1490. 1:02:50that moment wasn't himself but rather
  1491. 1:02:53his family and the pain that he knew
  1492. 1:02:56knew that they would suffer because of a
  1493. 1:02:58crime that he did not commit but of all
  1494. 1:03:01the tragedy that came from this case it
  1495. 1:03:04was his final words to the BBC that will
  1496. 1:03:06stay with me for many years to come
  1497. 1:03:09he said my dying words will always be as
  1498. 1:03:13it has been I am an innocent man the
  1499. 1:03:18tragic case of Liddell Lee helped to
  1500. 1:03:20reveal an unimaginable reality that
  1501. 1:03:23defendant standing trial are far too
  1502. 1:03:25often believed to be guilty until proven
  1503. 1:03:28innocent many including the jury often
  1504. 1:03:32assume that they wouldn't be their
  1505. 1:03:34standing trial if they hadn't done
  1506. 1:03:36something to Merit the charges in the
  1507. 1:03:38first place and once someone is believed
  1508. 1:03:41to be guilty especially after a
  1509. 1:03:43conviction then the criminal justice
  1510. 1:03:45system the appellate courts and the
  1511. 1:03:48general public tend to dismiss claims of
  1512. 1:03:50unfairness we tend to ignore the
  1513. 1:03:52assertions that mistakes were made by
  1514. 1:03:54law enforcement at trial or by
  1515. 1:03:57overzealous prosecutors and far too
  1516. 1:04:00often we as a whole err on the side that
  1517. 1:04:03the system must have gotten it right and
  1518. 1:04:05as a consequence we simply throw away
  1519. 1:04:08the key but even a defendant as heinous
  1520. 1:04:11as Charles Manson if they are not
  1521. 1:04:14afforded a proper defense at trial then
  1522. 1:04:16as a consequence of that failure to
  1523. 1:04:19adequately defend even the likes of him
  1524. 1:04:21then those mistakes open up a Pandora's
  1525. 1:04:24box of appeals and delays that last for
  1526. 1:04:28decades so even if you're of the opinion
  1527. 1:04:31that the person standing trial is a vile
  1528. 1:04:34odious and Despicable monster who does
  1529. 1:04:36not deserve to breathe air you want that
  1530. 1:04:39person to have the most competent and
  1531. 1:04:42thorough representation possible
  1532. 1:04:44precisely because of the fact that a
  1533. 1:04:46failure to do so will virtually
  1534. 1:04:48guarantee that their case will remain
  1535. 1:04:51stuck in the appeals process for the
  1536. 1:04:53entirety of their natural life but
  1537. 1:04:56that's the thing about capital murder
  1538. 1:04:58cases that involve the death penalty
  1539. 1:05:00there are no do-overs once the death
  1540. 1:05:03warrant has been signed and carried out
  1541. 1:05:05there is no opportunity to go back to
  1542. 1:05:09apologize and to get it right and it's
  1543. 1:05:12for that very reason that I went into my
  1544. 1:05:15assessment of darley's Innocence
  1545. 1:05:16open-minded willing to critically
  1546. 1:05:19evaluate each of the claims of her
  1547. 1:05:21innocence on their merits and without my
  1548. 1:05:24own personal bias and my hope is that as
  1549. 1:05:27I take you through her defense you'll
  1550. 1:05:30understand exactly why I believe that
  1551. 1:05:32there is more to this case than what was
  1552. 1:05:34brought forth at trial so without
  1553. 1:05:36further Ado this is the defense of
  1554. 1:05:39darlie Routier
  1555. 1:05:41one of the very first things I learned
  1556. 1:05:43as a Junior law clerk at my very first
  1557. 1:05:45law firm was the overwhelming importance
  1558. 1:05:48of a comprehensive understanding of your
  1559. 1:05:51client's case and ensuring that you have
  1560. 1:05:54all the time needed in order to be amply
  1561. 1:05:57prepared for trial over the years I
  1562. 1:06:00would learn many important Tools in an
  1563. 1:06:03effective and competent lawyer's Arsenal
  1564. 1:06:05that would provide every client with the
  1565. 1:06:08best possible chance at a successful
  1566. 1:06:10outcome
  1567. 1:06:11but as anyone who has ever worked in the
  1568. 1:06:13legal Community knows there are vitally
  1569. 1:06:16important things that you should do in
  1570. 1:06:18the defense of your client and equally
  1571. 1:06:21important things that you should not do
  1572. 1:06:23one of the first and most glaring
  1573. 1:06:25problems that I noticed in darlie
  1574. 1:06:27routier's case was the overwhelming
  1575. 1:06:29evidence that her defense team failed in
  1576. 1:06:32spectacular fashion to provide the
  1577. 1:06:34representation expected of counsel
  1578. 1:06:37defending their client against the death
  1579. 1:06:40penalty but in order to properly
  1580. 1:06:42understand these issues we need to
  1581. 1:06:44evaluate each of the critical mistakes
  1582. 1:06:46that were made in darley's defense
  1583. 1:06:53in the days following darley's arrest
  1584. 1:06:55the court would assign public defender
  1585. 1:06:58attorney Douglas Parks to represent
  1586. 1:07:00Darley in her upcoming jury trial over
  1587. 1:07:03the course of the next four months
  1588. 1:07:05attorney parks would proceed with the
  1589. 1:07:07preparation of his client's case but in
  1590. 1:07:10early October he would discover that
  1591. 1:07:12darley's family were in the final stages
  1592. 1:07:14of firing him choosing instead to
  1593. 1:07:17replace him with the exceedingly more
  1594. 1:07:19popular and well-known criminal defense
  1595. 1:07:22attorney Douglas Mulder attorney Mulder
  1596. 1:07:25was a very well respected criminal
  1597. 1:07:27defense lawyer known throughout the
  1598. 1:07:29entire state of Texas Early in his
  1599. 1:07:32career he became a prosecutor whose
  1600. 1:07:34tenacious nature would earn him the
  1601. 1:07:36nickname Mad Dog Mulder and his
  1602. 1:07:39conviction rate was so high that he
  1603. 1:07:41would send two dozen people to death row
  1604. 1:07:44in his time at the District Attorney's
  1605. 1:07:46office but eventually he would switch
  1606. 1:07:49sides and would go on to represent some
  1607. 1:07:51of the most widely publicized criminal
  1608. 1:07:54cases throughout the entire state of
  1609. 1:07:56Texas by the time that attorney Mulder
  1610. 1:07:59would take the lead in darley's case he
  1611. 1:08:01was already down to the wire now it
  1612. 1:08:04cannot be overstated just how
  1613. 1:08:05considerable of a problem he would have
  1614. 1:08:07with only nine weeks to prepare for the
  1615. 1:08:11month-long jury trial in fact over the
  1616. 1:08:14last few months I have consulted with
  1617. 1:08:16former colleagues who are still
  1618. 1:08:18practicing criminal defense litigation
  1619. 1:08:20many of whom are some of the best
  1620. 1:08:22litigators in their field men and women
  1621. 1:08:25who have defended people facing similar
  1622. 1:08:27charges and all of them have agreed
  1623. 1:08:30unanimously that nine weeks for a
  1624. 1:08:33capital murder case of this magnitude is
  1625. 1:08:35not only insufficient but virtually
  1626. 1:08:38guarantee an inadequate defense for any
  1627. 1:08:41client let alone the already despised
  1628. 1:08:44and reviled defendant of Rowlett Texas
  1629. 1:08:47darlie Routier most experienced criminal
  1630. 1:08:51defense lawyers often require fire no
  1631. 1:08:54less than 18 months to adequately
  1632. 1:08:56prepare for a jury trial in a case of
  1633. 1:08:59this size and scope nine weeks is
  1634. 1:09:02absolutely Unthinkable and his lack of
  1635. 1:09:05preparation was about to become
  1636. 1:09:07glaringly apparent after reviewing the
  1637. 1:09:11totality of pleadings filed in darley's
  1638. 1:09:13case I cannot locate anywhere in the
  1639. 1:09:15court record where her defense attorneys
  1640. 1:09:18requested additional time to prepare for
  1641. 1:09:21trial and to ensure his client received
  1642. 1:09:24a rigorous defense and this brings me to
  1643. 1:09:27an important point that I need to
  1644. 1:09:29address before we go any further there
  1645. 1:09:32is a real and seemingly unavoidable
  1646. 1:09:34Temptation whenever we hear of a
  1647. 1:09:36criminal defense lawyer failing in their
  1648. 1:09:38duties especially when it's tied to a
  1649. 1:09:41criminal case where the general public
  1650. 1:09:43already largely believes the defendant
  1651. 1:09:45to be guilty we tend as a whole to blame
  1652. 1:09:48the person standing trial and ignore
  1653. 1:09:50claims of ineffective assistance of
  1654. 1:09:52counsel the unfortunate reality for most
  1655. 1:09:55people is that whether you are charged
  1656. 1:09:58with a minor misdemeanor or capital
  1657. 1:10:00murder your future largely depends on
  1658. 1:10:03whether or not your attorney does their
  1659. 1:10:05job attorneys who often have massive
  1660. 1:10:08caseloads and have limited bandwidth to
  1661. 1:10:11comprehend retain and prepare for a case
  1662. 1:10:14as massive as Charlie routieres it has
  1663. 1:10:17been my experience that the general
  1664. 1:10:19public and appellate courts tend to
  1665. 1:10:22punish the person who was charged for
  1666. 1:10:24the mistakes of their attorney a
  1667. 1:10:26pervasive view that can be seen
  1668. 1:10:28throughout the entirety of the justice
  1669. 1:10:30system far too often the uneducated
  1670. 1:10:33person standing trial who never went to
  1671. 1:10:36law school and has no formal training in
  1672. 1:10:39the law is somehow responsible for the
  1673. 1:10:42failures of their own attorney simply
  1674. 1:10:45put you would think if you hired a
  1675. 1:10:47lawyer who cost you ninety thousand
  1676. 1:10:49dollars that you would be in good hands
  1677. 1:10:52but the sad real quality is not
  1678. 1:10:55necessarily in fact I have seen many
  1679. 1:10:58prosecutors take advantage of these
  1680. 1:11:00missteps and failures by new or
  1681. 1:11:02overworked defense attorneys or in
  1682. 1:11:05darley's case a wildly overconfident yet
  1683. 1:11:08experienced lawyer who failed at one of
  1684. 1:11:11the most fundamental and foundational
  1685. 1:11:13aspects of a competent criminal defense
  1686. 1:11:16attorney
  1687. 1:11:17rigorous preparation and sufficient time
  1688. 1:11:24by October of 1996 public defender
  1689. 1:11:27attorney Parks had learned of his
  1690. 1:11:30replacement by darley's newfangled and
  1691. 1:11:32flashy defense lawyer and he was still
  1692. 1:11:35very much aware of the fact that trial
  1693. 1:11:37was looming mere weeks away attorney
  1694. 1:11:40Parks had already retained two
  1695. 1:11:43well-respected and experienced forensic
  1696. 1:11:45experts Terry labor and Bart Epstein to
  1697. 1:11:49counter the state's evidence against
  1698. 1:11:50Darley at trial experts who had already
  1699. 1:11:53conducted tests that supported darley's
  1700. 1:11:56claims of an intruder Terry labor would
  1701. 1:11:58later provide an affidavit in connection
  1702. 1:12:01to darley's appeals that would confirm
  1703. 1:12:03the testing they had conducted and what
  1704. 1:12:05it had revealed the following is just
  1705. 1:12:08one of the important claims made in
  1706. 1:12:11Labor's affidavit to the Appellate Court
  1707. 1:12:13quote based on the analysis that I
  1708. 1:12:16performed on this case it is my
  1709. 1:12:18professional opinion today that there
  1710. 1:12:21were numerous pieces of physical
  1711. 1:12:22evidence we reviewed that were not
  1712. 1:12:25consistent with the staged crime scene
  1713. 1:12:27unquote in that same affidavit he
  1714. 1:12:31offered specific examples of the test
  1715. 1:12:33that they had conducted prior to
  1716. 1:12:35attorney Mulder's involvement tests that
  1717. 1:12:38countered the state's experts that had
  1718. 1:12:40testified against Darley during her
  1719. 1:12:42lengthy trial and these experts had
  1720. 1:12:45found the following one an initial
  1721. 1:12:48assessment of the vacuum cleaner showed
  1722. 1:12:50that it had not been pushed around by
  1723. 1:12:52someone who was bleeding but instead the
  1724. 1:12:55bleeding occurred once the vacuum had
  1725. 1:12:58already been knocked down
  1726. 1:13:002. an examination of shards of broken
  1727. 1:13:02glass indicated that the wine glass that
  1728. 1:13:05had been broken was not consistent with
  1729. 1:13:08the stage crime scene because it
  1730. 1:13:10appeared as though the glass had been
  1731. 1:13:12broken while still in the wine rack this
  1732. 1:13:15did not match the theory that Darley had
  1733. 1:13:18purposefully broken the glass to make it
  1734. 1:13:21appear as though an intruder had entered
  1735. 1:13:23the home additionally one of the most
  1736. 1:13:26important statements made by labor in
  1737. 1:13:28his affidavit spoke to the very heart of
  1738. 1:13:31the state's entire forensic case that
  1739. 1:13:33was critical in securing darley's
  1740. 1:13:36conviction it read as follows in my
  1741. 1:13:39professional opinion scientific testing
  1742. 1:13:42of the physical evidence would have been
  1743. 1:13:44critical to Darley Lynn routier's
  1744. 1:13:46defense
  1745. 1:13:47independent testing of that physical
  1746. 1:13:49evidence was crucial to properly
  1747. 1:13:52evaluate the state's case there were
  1748. 1:13:56numerous potential holes in the state's
  1749. 1:13:58case that required testing to conform or
  1750. 1:14:01refute the state's presentation of the
  1751. 1:14:04evidence and to provide evidence that
  1752. 1:14:06could have well refuted the state's
  1753. 1:14:08forensic testimony the statements that
  1754. 1:14:11expert Terry labor just made are
  1755. 1:14:14incredibly important to understand one
  1756. 1:14:17of the most common misconceptions that I
  1757. 1:14:19routinely dealt with in my career was
  1758. 1:14:21having to explain to clients the
  1759. 1:14:24difference between a primary care
  1760. 1:14:25physician that treats their regular
  1761. 1:14:27Health Care needs and an expert that has
  1762. 1:14:30been hired to evaluate them either by
  1763. 1:14:32the state or by an adverse party for
  1764. 1:14:36several years I helped support my law
  1765. 1:14:38firm's Workers Compensation Division and
  1766. 1:14:40during that time I worked on many
  1767. 1:14:42hundreds of cases and without fail no
  1768. 1:14:45matter how severe our clients injuries
  1769. 1:14:47were the moment they met with the
  1770. 1:14:49physician who was hired by the insurance
  1771. 1:14:51company to testify against them that
  1772. 1:14:54physician would always find that our
  1773. 1:14:57client was somehow perfectly healthy and
  1774. 1:14:59fully functional somehow able to return
  1775. 1:15:02to work with limited or no restrictions
  1776. 1:15:05this would even happen to clients who
  1777. 1:15:07had suffered catastrophic injuries that
  1778. 1:15:10they had sustained on the job many who
  1779. 1:15:12were still in wheelchairs or even
  1780. 1:15:14bedridden and in extreme cases
  1781. 1:15:17completely disabled despite a mountain
  1782. 1:15:20of Records countless surgeons treating
  1783. 1:15:23providers and other supporting evidence
  1784. 1:15:25somehow the insurance company's doctor
  1785. 1:15:27would always find that our clients were
  1786. 1:15:30now fully able to return to their
  1787. 1:15:32construction or manual labor jobs all
  1788. 1:15:35that to say that it has been my
  1789. 1:15:37experience that no matter how clear a
  1790. 1:15:40case may seem you will likely find an
  1791. 1:15:42expert willing to testify against that
  1792. 1:15:45case
  1793. 1:15:46for a fee in fact there are experts who
  1794. 1:15:49will only testify for one side or the
  1795. 1:15:52other in that kind of expert shopping
  1796. 1:15:55runs rampant throughout the entirety of
  1797. 1:15:58the American judicial system and it's
  1798. 1:16:01precisely because of that problem within
  1799. 1:16:04our courts that you often have to look
  1800. 1:16:06at the veracity of the experts testing
  1801. 1:16:09methods and in Terry Labor's affidavit
  1802. 1:16:12he explains that a very real problem
  1803. 1:16:14existed within the state's evidence the
  1804. 1:16:17fact being that independent material and
  1805. 1:16:20compositional testing was not conducted
  1806. 1:16:23to verify the state's primary evidence
  1807. 1:16:25testing that has increasingly become the
  1808. 1:16:28accepted standard to ensure a scientific
  1809. 1:16:31certainty of any experts findings most
  1810. 1:16:35especially for cases involving the death
  1811. 1:16:38penalty now you might be wondering like
  1812. 1:16:41I was why Terry Labor's affidavit came
  1813. 1:16:44after darley's trial and and not during
  1814. 1:16:47well strap in because the answer is both
  1815. 1:16:49shocking and for me nearly impossible to
  1816. 1:16:52believe or even comprehend after the
  1817. 1:16:55state had shown the jury all of their
  1818. 1:16:58forensic evidence who do you think
  1819. 1:17:00attorney Douglas smulder the high-priced
  1820. 1:17:03big shot defense lawyer put in the
  1821. 1:17:05witness stand to counter any of the
  1822. 1:17:08state's experts claims because I would
  1823. 1:17:10assume that it would be some other
  1824. 1:17:12high-priced expert who specialized in
  1825. 1:17:15these kinds of difficult and complex
  1826. 1:17:17capital murder cases or maybe even
  1827. 1:17:20someone who had testified in other media
  1828. 1:17:22frenzy trials that had years of forensic
  1829. 1:17:25experience who then refuted the claims
  1830. 1:17:27made by the state using the breadth of
  1831. 1:17:29their experience to clearly establish
  1832. 1:17:32Reasonable Doubt because surely attorney
  1833. 1:17:35Mulder knowing that his client is facing
  1834. 1:17:38the death penalty would have hired the
  1835. 1:17:40foremost experts in the state to ensure
  1836. 1:17:43the best possible representation for his
  1837. 1:17:46client I mean right because that is the
  1838. 1:17:49bare minimum expectation in a case of
  1839. 1:17:52this magnitude and anyone who has ever
  1840. 1:17:54spent a modicum of time as a trial
  1841. 1:17:56attorney knows that you cannot allow the
  1842. 1:17:59state's expert to testify in front of
  1843. 1:18:02the jury unanswered most especially when
  1844. 1:18:06you consider that there were already two
  1845. 1:18:08previous experts hired by darley's
  1846. 1:18:11former public defender that had already
  1847. 1:18:13started their own testing and had found
  1848. 1:18:16evidence in support of darley's claims
  1849. 1:18:19of an intruder because it would be
  1850. 1:18:21absolutely absurd for a lawyer of
  1851. 1:18:24attorney Mulder's caliber going mach 10
  1852. 1:18:27into one of the most highly contentious
  1853. 1:18:29jury trials the city of roulette had
  1854. 1:18:32ever seen with only nine weeks to
  1855. 1:18:34prepare to then not even bother to hire
  1856. 1:18:37any expert to defend the very life of
  1857. 1:18:40his client that had just shelled out
  1858. 1:18:42ninety thousand dollars to literally
  1859. 1:18:45save her life
  1860. 1:18:46I mean right he he wouldn't do that
  1861. 1:18:48would he well I'm sure by now you
  1862. 1:18:51realize that is precisely what attorney
  1863. 1:18:53Douglas Mulder did he allowed the state
  1864. 1:18:56to present their forensic evidence
  1865. 1:18:58without so much as a peep from any
  1866. 1:19:01defense expert whatsoever and I simply
  1867. 1:19:05cannot stress enough the unmitigated
  1868. 1:19:08failure that that was and is to any
  1869. 1:19:12client regardless of how you may feel
  1870. 1:19:15about them and here's the thing that
  1871. 1:19:17isn't even the worst part of attorney
  1872. 1:19:20Mulder's failure as darley's
  1873. 1:19:22representative in a trial involving life
  1874. 1:19:25or death so hold on because it's about
  1875. 1:19:28to get much worse
  1876. 1:19:32in the months prior to being fired by
  1877. 1:19:35the routers public defender Parks had
  1878. 1:19:38already developed a theory that involved
  1879. 1:19:40darley's husband Darren as the
  1880. 1:19:42perpetrator of the crime now this is a
  1881. 1:19:45very common tactic in any criminal
  1882. 1:19:47defense case but even more so in the
  1883. 1:19:49case of darlie Routier because the
  1884. 1:19:52allegation had teeth as well as evidence
  1885. 1:19:54to support it most especially when you
  1886. 1:19:57consider that years after the trial
  1887. 1:19:59Darren would produce an affidavit
  1888. 1:20:01wherein he would admit that he had been
  1889. 1:20:03telling virtually everyone he knew about
  1890. 1:20:06his financial woes he would admit that
  1891. 1:20:09he had even approached several people to
  1892. 1:20:12ask them to come to his house and Stage
  1893. 1:20:14a robbery for the purposes of collecting
  1894. 1:20:17insurance money not to mention the fact
  1895. 1:20:20that Darren had a life insurance policy
  1896. 1:20:22on Darley worth a quarter of a million
  1897. 1:20:25dollars let me say that just one more
  1898. 1:20:28time the policy that was on the life of
  1899. 1:20:32Darlene in Routier a policy that would
  1900. 1:20:35have been payable to her husband Darren
  1901. 1:20:37was worth a quarter of a million dollars
  1902. 1:20:41and that information is compounded by
  1903. 1:20:44the fact that Darren had spent much of
  1904. 1:20:46the preceding months prior to the
  1905. 1:20:48attacks telling everyone and anyone to
  1906. 1:20:51come to his house and effectively stage
  1907. 1:20:54a home invasion now attorney Parks was
  1908. 1:20:56not aware of this information in the
  1909. 1:20:58beginning of his work on darley's case
  1910. 1:21:00but he knew what every good defense
  1911. 1:21:03attorney understands that he had to give
  1912. 1:21:05the jury evidence that supported
  1913. 1:21:07reasonable doubt that he had to give
  1914. 1:21:10them an alternative someone other than
  1915. 1:21:12his own client so when attorney Parks
  1916. 1:21:15learned that his replacement was not at
  1917. 1:21:17all interested in involving Darren in
  1918. 1:21:20the crime he was completely dumbfounded
  1919. 1:21:22now it goes without saying that most
  1920. 1:21:24attorneys who have just been fired
  1921. 1:21:26especially overworked public defenders
  1922. 1:21:29would simply cut their losses and move
  1923. 1:21:31on but attorney attorney Parks was not
  1924. 1:21:34most attorneys in fact the decision by
  1925. 1:21:37attorney Mulder to not involve Darren in
  1926. 1:21:40darley's defense was so concerning to
  1927. 1:21:42him that he wrote attorney Mulder a
  1928. 1:21:45letter directly expressing his concerns
  1929. 1:21:47but his efforts would ultimately fall on
  1930. 1:21:51deaf ears as darley's new attorney would
  1931. 1:21:53respond to his concerns by saying that
  1932. 1:21:55he did not believe Darren had any
  1933. 1:21:57involvement in the crime and in the same
  1934. 1:22:00breath admitted that he had not reviewed
  1935. 1:22:02any of the evidence against Aaron from
  1936. 1:22:05the public defender's office but the
  1937. 1:22:08real motivations for his refusal to
  1938. 1:22:10involve Darren was about to come into
  1939. 1:22:13Focus since darley's trial it has been
  1940. 1:22:16revealed that attorney Douglas Mulder
  1941. 1:22:18was hired by Darren and Darley kirutir
  1942. 1:22:21in connection with a show cause hearing
  1943. 1:22:23where the state alleged that both had
  1944. 1:22:25violated the gag order concerning
  1945. 1:22:27discussions with the media a violation
  1946. 1:22:30that could have potentially landed
  1947. 1:22:31Darren in jail according to court
  1948. 1:22:34records attorney Douglas Mulder had
  1949. 1:22:36heard of the public defender's intent to
  1950. 1:22:39implicate Darren in the crime as part of
  1951. 1:22:41darley's Defense but in what can only be
  1952. 1:22:44described as an underhanded and
  1953. 1:22:47unethical maneuver attorney Mulder told
  1954. 1:22:49Darren of the plan to blame him but
  1955. 1:22:52promised him that if he was hired to
  1956. 1:22:54represent Darley that he would not argue
  1957. 1:22:57to implicate him in any way and to
  1958. 1:23:00absolutely no one's surprise that same
  1959. 1:23:03day Darley fired her public defender and
  1960. 1:23:06attorney Douglas Mulder became her lead
  1961. 1:23:09counsel with only nine weeks to spare
  1962. 1:23:11before her trial would commence attorney
  1963. 1:23:14Park's concerns fell on deaf ears and
  1964. 1:23:17darley's future was now firmly in the
  1965. 1:23:20hands of a man representing the
  1966. 1:23:22interests of both her and her husband
  1967. 1:23:24but public defender Parks was not the
  1968. 1:23:28only one troubled by the obvious
  1969. 1:23:29conflict of interest the state had also
  1970. 1:23:32become serious concerned and on November
  1971. 1:23:3512 1996 the prosecutor's office filed a
  1972. 1:23:39notice of possible conflict of interest
  1973. 1:23:40into the judicial record I simply cannot
  1974. 1:23:44stress enough how uncommon and unusual
  1975. 1:23:47it is for the prosecutor's office to
  1976. 1:23:50involve themselves in the technical
  1977. 1:23:52blunders of a defense lawyer seemingly
  1978. 1:23:54writing a foul of the rules and ethics
  1979. 1:23:57that govern all practicing attorneys and
  1980. 1:24:00yet somehow the state was more concerned
  1981. 1:24:02about protecting darley's Sixth
  1982. 1:24:04Amendment rights to conflict-free
  1983. 1:24:06counsel then her own attorney was but
  1984. 1:24:10it's what the state said in their filing
  1985. 1:24:12with the court that I found very
  1986. 1:24:14interesting at this moment in time still
  1987. 1:24:17weeks before the commencement of
  1988. 1:24:19darley's trial even the state believed
  1989. 1:24:21that Darren had been involved in the
  1990. 1:24:23crime and they said as much in their
  1991. 1:24:25filing it read as follows investigations
  1992. 1:24:29are ongoing with regards to the analysis
  1993. 1:24:32of physical evidence and recent analysis
  1994. 1:24:34of the physical evidence suggests that
  1995. 1:24:37Darren Routier may have participated and
  1996. 1:24:41if that wasn't bad enough attorney
  1997. 1:24:43Mulder had all of the following evidence
  1998. 1:24:45available to him one he knew that
  1999. 1:24:49Darren's hair had been found on the
  2000. 1:24:51murder weapon found at the crime scene
  2001. 1:24:53two he had evidence that showed law
  2002. 1:24:56enforcement had found the blood-stained
  2003. 1:24:59sock in the alley that contained fibers
  2004. 1:25:01from Darren's bloodstained sneakers
  2005. 1:25:04three he was also aware of Darren's
  2006. 1:25:07inconsistent statements concerning his
  2007. 1:25:09blood-stained genes four he knew that
  2008. 1:25:13blood was also found on Darren's
  2009. 1:25:15underwear and five attorney Mulder was
  2010. 1:25:18completely aware of Darren's
  2011. 1:25:20inconsistent statements and suspicious
  2012. 1:25:23behavior that occurred at the crime
  2013. 1:25:25scene and at the hospital so now after
  2014. 1:25:28both sides had expressed their concerns
  2015. 1:25:30to the court and to attorney Mulder
  2016. 1:25:32concerning his wildly inappropriate
  2017. 1:25:34conflicts of interest and his promise to
  2018. 1:25:36Darren to not accuse him despite all of
  2019. 1:25:39the credible and forensic evidence what
  2020. 1:25:42do you imagine his response to the
  2021. 1:25:44state's Court filing was because I'd be
  2022. 1:25:46willing to bet my oceanfront property in
  2023. 1:25:49Arizona that you probably wouldn't guess
  2024. 1:25:51that after the innumerable reasons he
  2025. 1:25:54had to include Darren in darley's
  2026. 1:25:56defense he simply didn't say anything at
  2027. 1:25:59all but even more disconcerting than all
  2028. 1:26:02of that evidence that was known or
  2029. 1:26:04should have been known to attorney
  2030. 1:26:06Mulder was the fact that Darren himself
  2031. 1:26:08would later admit in a sworn affidavit
  2032. 1:26:11that in the spring of 1996 he had spoken
  2033. 1:26:14with darley's stepfather and in that
  2034. 1:26:16conversation he asked him quote if he
  2035. 1:26:19knew of anyone who had agreed to
  2036. 1:26:21burglarize his home as part of an
  2037. 1:26:24insurance scam unquote in Darren's own
  2038. 1:26:27sworn affidavit he also stated that
  2039. 1:26:30quote he and his family would be gone on
  2040. 1:26:33from the house and that the burglar
  2041. 1:26:35would come to the house with a U-Haul
  2042. 1:26:36truck and remove gobs of stuff from the
  2043. 1:26:39house which he would then retrieve after
  2044. 1:26:41the insurance company paid off and that
  2045. 1:26:44this wasn't the only time that Darren
  2046. 1:26:46had had similar schemes two years prior
  2047. 1:26:49he had arranged to have his Jaguar
  2048. 1:26:51stolen to collect the insurance money
  2049. 1:26:53and said that that crime went off
  2050. 1:26:56without a hitch this was more than a
  2051. 1:26:59simple misstep by an overconfident
  2052. 1:27:01defense attorney who had engaged in
  2053. 1:27:04wildly unethical and inappropriate
  2054. 1:27:06behavior between two clients with
  2055. 1:27:09competing interests this was a
  2056. 1:27:11Monumental failure to aggressively and
  2057. 1:27:14competently defend his client who at
  2058. 1:27:17that moment in time was facing being
  2059. 1:27:19executed on death row and by the time
  2060. 1:27:22all of these facts would reach the
  2061. 1:27:24Appellate Court in the form of darley's
  2062. 1:27:26Habeas petition it was far too little
  2063. 1:27:29way too late
  2064. 1:27:35there is often a massive Chasm between
  2065. 1:27:38what the general public believes should
  2066. 1:27:40happen to a person standing trial and
  2067. 1:27:42what the law actually allows this is
  2068. 1:27:45best demonstrated in the explosive media
  2069. 1:27:48attention surrounding the Brian coburger
  2070. 1:27:50case despite the fact that very little
  2071. 1:27:52empirical evidence has been made
  2072. 1:27:54available to the public you don't have
  2073. 1:27:56to go very far to find media Outlets
  2074. 1:27:58True Crime content creators podcasters
  2075. 1:28:01and the like who have already deemed him
  2076. 1:28:04guilty and who have already begun
  2077. 1:28:05discussing what his likely punishment
  2078. 1:28:07will be at sentencing now I want to be
  2079. 1:28:10clear Brian kohlberger may end up being
  2080. 1:28:12found guilty and he very well may have
  2081. 1:28:15been responsible for the heinous crimes
  2082. 1:28:17that were committed against those four
  2083. 1:28:19innocent people but we cannot allow the
  2084. 1:28:23justice system to become an echo chamber
  2085. 1:28:25of assumed guilt unfortunately this very
  2086. 1:28:28same issue of guilty until proven
  2087. 1:28:31innocent seem to haunt the case of
  2088. 1:28:33darlie Routier from the very beginning
  2089. 1:28:34beginning and this Assumption of guilt
  2090. 1:28:37was demonstrated in virtually every
  2091. 1:28:39aspect of the case that the state
  2092. 1:28:41brought against Darley but more
  2093. 1:28:43specifically how the state portrayed her
  2094. 1:28:45character to the jury sadly most people
  2095. 1:28:48do not know that when you are a criminal
  2096. 1:28:50defendant there are very specific rules
  2097. 1:28:54that prosecutors must follow specific to
  2098. 1:28:57their claims and discussions of your
  2099. 1:29:00character one of the most fundamental
  2100. 1:29:02elements of those guidelines precisely
  2101. 1:29:05speaks to how criminal actions are to be
  2102. 1:29:07conducted in front of a jury and
  2103. 1:29:10specifically States the following that a
  2104. 1:29:13defendant's bad character cannot be used
  2105. 1:29:16to argue that the defendant committed
  2106. 1:29:19the crime for which he or she is being
  2107. 1:29:22tried or that they had the propensity to
  2108. 1:29:25commit the crime further noting that a
  2109. 1:29:28prosecutor who dwells on a defendant's
  2110. 1:29:30alleged bad character in this prohibited
  2111. 1:29:33manner may be found to have engaged in
  2112. 1:29:37prosecutorial misconduct simply put a
  2113. 1:29:40defendant must be tried on the facts of
  2114. 1:29:42the case stemming from the crime itself
  2115. 1:29:44not on claims made by prosecutors
  2116. 1:29:47concerning their assumed guilt due to
  2117. 1:29:50allegations of their faulty or
  2118. 1:29:52problematic character so I began to dig
  2119. 1:29:55through the statements made by the
  2120. 1:29:56prosecutors during darley's trial and I
  2121. 1:29:59didn't have to look far to find the
  2122. 1:30:01first of many clear violations of these
  2123. 1:30:05important guidelines because legally
  2124. 1:30:07speaking what I found in the pages of
  2125. 1:30:10these Court transcripts is completely
  2126. 1:30:13unbelievable these are the words of
  2127. 1:30:15Prosecutor Greg Davis spoken to the jury
  2128. 1:30:18about defendant darlie Routier
  2129. 1:30:21the evidence will show you that the real
  2130. 1:30:24darly root here is in fact a
  2131. 1:30:26self-centered woman a materialistic
  2132. 1:30:29woman a woman cold enough in fact to
  2133. 1:30:32murder her own two children and we sat
  2134. 1:30:35through four and a half weeks seeing the
  2135. 1:30:38evil displayed before us and today that
  2136. 1:30:41evil goes by the name of darlie Lynn
  2137. 1:30:44Routier she sits here crying before you
  2138. 1:30:47as she did on Saturday we know what
  2139. 1:30:50she's all about at this point of the
  2140. 1:30:51trial don't we
  2141. 1:30:53he is not like us don't get into that
  2142. 1:30:56game about she is like me she ain't
  2143. 1:30:59there's just no way that she is we do
  2144. 1:31:02know that at times we are dealing with
  2145. 1:31:05the principalities of evil in this world
  2146. 1:31:07and a delegate sits Among Us right now
  2147. 1:31:10of that evil and her name is darlie Lynn
  2148. 1:31:14Routier
  2149. 1:31:16when I first read those words I almost
  2150. 1:31:18couldn't believe that they were spoken
  2151. 1:31:21by any lawyer let alone a prosecutor
  2152. 1:31:25inside of a courtroom during trial in
  2153. 1:31:29front of an actual jury because even if
  2154. 1:31:33the person that those words were spoken
  2155. 1:31:35to was someone who had already admitted
  2156. 1:31:38to committing this crime the fact of the
  2157. 1:31:40matter is they fly in the face of
  2158. 1:31:43everything that our judicial system is
  2159. 1:31:46founded upon the rules that I quite
  2160. 1:31:49literally just read prohibit this exact
  2161. 1:31:53kind of behavior now I understand that
  2162. 1:31:56we may not like that but there is an
  2163. 1:31:58expectation that if you are standing
  2164. 1:32:00trial for a capital offense facing life
  2165. 1:32:03or death that the religion of the jury
  2166. 1:32:06cannot be weaponized against you while a
  2167. 1:32:09prosecutor places into the minds of that
  2168. 1:32:11jury that you are a literal delegate of
  2169. 1:32:15evil and even if the words of prosecutor
  2170. 1:32:18Davis had been spoken concerning the
  2171. 1:32:21likes of Charles Manson or Ted Bundy or
  2172. 1:32:23Jeffrey Dahmer I would be equally as
  2173. 1:32:26impassioned in my response predicated on
  2174. 1:32:29the foundation that they are the
  2175. 1:32:31definition of an unethical and willful
  2176. 1:32:34violation of the rules of ethics and
  2177. 1:32:37criminal procedure that governs all
  2178. 1:32:40lawyers irrespective of how we may feel
  2179. 1:32:43about the person's standing trial and it
  2180. 1:32:47is precisely for this reason why our
  2181. 1:32:49courts do not allow these kinds of
  2182. 1:32:51character attacks from prosecutors it's
  2183. 1:32:54very simple prosecutors and all
  2184. 1:32:57practicing lawyers are held to a higher
  2185. 1:33:00standard and the thing is attorney Greg
  2186. 1:33:03Davis did exactly this kind of thing
  2187. 1:33:05throughout the entirety of darley's
  2188. 1:33:07trial asking Darley when she testified
  2189. 1:33:10if she regularly took her children to
  2190. 1:33:13church what in the world does that have
  2191. 1:33:15anything to do with the crime that she
  2192. 1:33:18was accused of other than to establish
  2193. 1:33:20in the minds of this wildly conservative
  2194. 1:33:22jury firmly in the middle of the Bible
  2195. 1:33:24Belt that she is not a good God-fearing
  2196. 1:33:28church-going woman who clearly lacks
  2197. 1:33:30moral fortitude and by extension must
  2198. 1:33:33have been responsible for this crime
  2199. 1:33:35that is not evidence and whether we like
  2200. 1:33:38it or not prosecutors are strictly
  2201. 1:33:41prohibited from this kind of
  2202. 1:33:42characterization of any defendant
  2203. 1:33:45regardless of what the general public
  2204. 1:33:47thinks of that person and never mind the
  2205. 1:33:51fact that he regularly spoke about her
  2206. 1:33:53being overweight repeatedly brought up
  2207. 1:33:55her breast augmentation as well as the
  2208. 1:33:58cost of it then brought on non-medical
  2209. 1:34:00Experts to testify that she did not
  2210. 1:34:02grief correctly then had people tell the
  2211. 1:34:05jury about the times that she was a
  2212. 1:34:07questionable or even abusive mother
  2213. 1:34:09excessively disciplining her children
  2214. 1:34:11was shouting in curse words and even
  2215. 1:34:14putting a piece of cake in her own son's
  2216. 1:34:17face when he squirted her with water all
  2217. 1:34:20of which are the epitome of what the
  2218. 1:34:22previous rules State a prosecutor cannot
  2219. 1:34:24do and even if we believe these issues
  2220. 1:34:27are relevant as a society the law states
  2221. 1:34:30that a defendant must be prosecuted and
  2222. 1:34:33found guilty on the evidence stemming
  2223. 1:34:36from the crime because again prosecutors
  2224. 1:34:40and criminal defense attorneys are held
  2225. 1:34:43to a higher standard than the general
  2226. 1:34:45public and that isn't simply my opinion
  2227. 1:34:47or how I feel it is a fact and a
  2228. 1:34:51governing rule upon which the entirety
  2229. 1:34:53of the Criminal Justice System stands
  2230. 1:34:57but time and time again Prosecutor Greg
  2231. 1:35:00Davis attacked darley's character in
  2232. 1:35:02front of the media at press conferences
  2233. 1:35:04in interviews and virtually every single
  2234. 1:35:07chance he has ever had to speak about
  2235. 1:35:10her case but even worse than the clear
  2236. 1:35:13and obvious signs of prosecutor Davis's
  2237. 1:35:15his attempts to Prejudice the jury
  2238. 1:35:17against his defendant was the
  2239. 1:35:20unforgivable sin of darley's criminal
  2240. 1:35:22defense attorney Douglas Mulder failing
  2241. 1:35:26time after time to object and realign
  2242. 1:35:29the train that was barreling towards his
  2243. 1:35:31client but even after evaluating the sum
  2244. 1:35:35total of her defense team's failures to
  2245. 1:35:37adequately defend her at trial I
  2246. 1:35:40recognized that there was still
  2247. 1:35:42insufficient evidence to demonstrate
  2248. 1:35:45indisputable Reasonable Doubt
  2249. 1:35:47speaking strictly from a legal
  2250. 1:35:49standpoint these issues satisfied the
  2251. 1:35:52requirements needed to have granted
  2252. 1:35:54Darley a new trial and yet sadly the
  2253. 1:35:56Appellate Court completely disregarded
  2254. 1:35:58the Litany of evidence that proved her
  2255. 1:36:01defense attorney failed in his duties to
  2256. 1:36:04provide effective representation at
  2257. 1:36:06trial but even with these egregious
  2258. 1:36:09missteps by her defense attorney and the
  2259. 1:36:12state I realized that they were still
  2260. 1:36:14inadequate in providing a reasonable
  2261. 1:36:16explanation for what transpired on June
  2262. 1:36:196 1996 but just as I was getting ready
  2263. 1:36:23to throw in the towel after countless
  2264. 1:36:26hours of Investigation I came across
  2265. 1:36:28evidence that would radically change how
  2266. 1:36:31I viewed Darley routier's case evidence
  2267. 1:36:34that forever altered how I see capital
  2268. 1:36:37punishment throughout the entirety of
  2269. 1:36:40the American criminal justice system
  2270. 1:36:45after many weeks of studying the case
  2271. 1:36:48against Darley reading through the trial
  2272. 1:36:51records and devouring every form of
  2273. 1:36:53public media available covering her
  2274. 1:36:56trial I came to the realization that at
  2275. 1:36:59the center of her defense was a Mount
  2276. 1:37:01Everest problem that simply could not be
  2277. 1:37:04traversed or ignored even as I began
  2278. 1:37:07reading through the claims of her
  2279. 1:37:08innocence it always remained in the back
  2280. 1:37:11of my mind reminding me that it was
  2281. 1:37:13there and that it would have to be
  2282. 1:37:16overcome before I could accept the
  2283. 1:37:18notion of Reasonable Doubt at its base
  2284. 1:37:21was darly and the fact that she had
  2285. 1:37:24claimed to be asleep that night and at
  2286. 1:37:26its Summit was a seemingly impossible
  2287. 1:37:29problem to overcome it was the Stark
  2288. 1:37:31reality that in order to accept that her
  2289. 1:37:34story was true she somehow slept through
  2290. 1:37:37the brutal crime committed against her
  2291. 1:37:39children who were mere feet away it
  2292. 1:37:43didn't make sense and the various
  2293. 1:37:45defense claims of ether or chloroform
  2294. 1:37:47being administered by an intruder were
  2295. 1:37:50not based in the physical evidence and
  2296. 1:37:53no matter what I found in her defense
  2297. 1:37:55they could not Rectify this ever a size
  2298. 1:37:58problem for me
  2299. 1:38:00I would eventually come to the
  2300. 1:38:01conclusion that I would have to relent
  2301. 1:38:04and admit that no matter how much
  2302. 1:38:06evidence existed in her defense
  2303. 1:38:08concerning failures by her attorneys or
  2304. 1:38:11counter evidence to the state's case
  2305. 1:38:13that this was a mountain that I simply
  2306. 1:38:15could not climb when I came to this
  2307. 1:38:18realization I remember that I finished
  2308. 1:38:20reading for the day and began Auto
  2309. 1:38:22playing old video clips from the 90s
  2310. 1:38:25that had covered darley's trial it would
  2311. 1:38:28eventually land on an old episode of the
  2312. 1:38:30daytime talk show the Lisa Gibbons show
  2313. 1:38:33in that episode members of the Routier
  2314. 1:38:36family a juror from the trial and other
  2315. 1:38:38participants had been invited as a panel
  2316. 1:38:41to discuss darley's case most of the
  2317. 1:38:44recording was evidence that I had
  2318. 1:38:46already heard and yet some of it was
  2319. 1:38:48very revealing in one of the more
  2320. 1:38:50interesting segments a juror from
  2321. 1:38:52darley's trial spoke about Darley
  2322. 1:38:54directly
  2323. 1:38:57absolutely
  2324. 1:39:05that if if my children were feet away
  2325. 1:39:08from my head the first child may have
  2326. 1:39:10gotten stabbed but the second one he
  2327. 1:39:13wouldn't have gotten near without
  2328. 1:39:14getting through me
  2329. 1:39:18I couldn't help but notice how she spoke
  2330. 1:39:21about her with such a seething hatred
  2331. 1:39:23unlike anything I had seen in recent
  2332. 1:39:25history it was obvious to me how much of
  2333. 1:39:28an impact the prosecution statements
  2334. 1:39:31concerning darley's character had on the
  2335. 1:39:33jurors but as the episode went on the
  2336. 1:39:37panel became more contentious and
  2337. 1:39:39quickly devolved into a Jerry
  2338. 1:39:40springer-like chaos and just as quickly
  2339. 1:39:43I stood up to turn it off but before I
  2340. 1:39:46could I overheard surilda Routier say
  2341. 1:39:49something that caused me to literally
  2342. 1:39:51stop in stunned disbelief you guys said
  2343. 1:39:55that
  2344. 1:39:58but then you said that she was taking
  2345. 1:40:00medication after the boys before she was
  2346. 1:40:03taking that pill yeah
  2347. 1:40:06at that point of my investigation I had
  2348. 1:40:09read a considerable part of the trial
  2349. 1:40:11record but I had not yet completed it
  2350. 1:40:14and until that moment I was not aware of
  2351. 1:40:17something critical that the former
  2352. 1:40:19mother-in-law of darlie Routier had just
  2353. 1:40:22said it was one of the only moments in
  2354. 1:40:25my entire life that I can recall having
  2355. 1:40:28a literal flashback to one of the most
  2356. 1:40:30formidable periods of my legal career in
  2357. 1:40:34a Flash memories from that time of my
  2358. 1:40:36life flooded back into Focus nearly a
  2359. 1:40:40decade of my career where I had been
  2360. 1:40:42recruited for One Singular litigation
  2361. 1:40:44wherein my Law Firm would represent
  2362. 1:40:46nearly thirty thousand clients across
  2363. 1:40:49the entire United States that to that
  2364. 1:40:51point would become the single largest
  2365. 1:40:53mass tort litigation in American history
  2366. 1:40:56I began to remember the countless
  2367. 1:40:59clients I had met with face to face
  2368. 1:41:01people who I would get to know
  2369. 1:41:03personally over the course of nearly
  2370. 1:41:05eight years learning every aspect of
  2371. 1:41:08their lives and how they had been
  2372. 1:41:10affected it brought me back to the
  2373. 1:41:12thousands of clients that I would speak
  2374. 1:41:14with on the phone meet with in person
  2375. 1:41:16logging hundreds of thousands of hours
  2376. 1:41:19into their individual Case Files people
  2377. 1:41:22who would become more than just a number
  2378. 1:41:24but very much like family regularly
  2379. 1:41:27calling to provide important updates
  2380. 1:41:29about their lives their daily struggles
  2381. 1:41:31and most importantly all of the side
  2382. 1:41:34effects and the injuries they had
  2383. 1:41:37sustained now I am not intentionally
  2384. 1:41:39being vague for the sake of suspense on
  2385. 1:41:42the contrary from the moment I realized
  2386. 1:41:44what I had just come across in darley's
  2387. 1:41:46case I also realized that it would be
  2388. 1:41:49virtually impossible to explain the
  2389. 1:41:51history that I had experienced for such
  2390. 1:41:54a large part of my life without the
  2391. 1:41:57weight of that lived experience behind
  2392. 1:41:59it I realized that in order for me to
  2393. 1:42:02properly explain to you why this
  2394. 1:42:04directly impacts darley's case I would
  2395. 1:42:07need to show you that evidence from my
  2396. 1:42:09own vantage point because if I hadn't
  2397. 1:42:12lived it I don't know if I would have
  2398. 1:42:14believed it but rest assured by the time
  2399. 1:42:17I'm done it's my hope that you will
  2400. 1:42:20understand exactly why I believe that
  2401. 1:42:22this information is vital to
  2402. 1:42:25understanding the arrest the trial and
  2403. 1:42:28the conviction of darlie Lynn Routier
  2404. 1:42:35I still remember where I was when I got
  2405. 1:42:37the news that the litigation had finally
  2406. 1:42:40ended and that we had reached a
  2407. 1:42:42record-breaking settlement for our
  2408. 1:42:43clients for most of the preceding eight
  2409. 1:42:46years our clients had suffered in
  2410. 1:42:48silence as our Law Firm pursued a
  2411. 1:42:50painstaking litigation against the
  2412. 1:42:53makers of the now banned diet pill
  2413. 1:42:55phenfloramine and its counterpart Dex
  2414. 1:42:58fenfloramine more popularly known as
  2415. 1:43:01fenfen the settlement was unprecedented
  2416. 1:43:04and while it would guarantee some form
  2417. 1:43:06of justice for the horrific crime that
  2418. 1:43:09had been perpetrated against the
  2419. 1:43:11unsuspecting American public I couldn't
  2420. 1:43:13help but feel a sense of sadness a
  2421. 1:43:16feeling of despondency because while we
  2422. 1:43:18were settling their cases for the
  2423. 1:43:20injuries covered by the litigation there
  2424. 1:43:22were countless clients who believed that
  2425. 1:43:25there were additional injuries that they
  2426. 1:43:26had sustained in connection to the diet
  2427. 1:43:29pills injuries that were unable to be
  2428. 1:43:31included in the litigation fenfin was
  2429. 1:43:34pulled off the the market on September
  2430. 1:43:3615 1997 largely due to the overwhelming
  2431. 1:43:40evidence that showed damage to the heart
  2432. 1:43:42valves and lungs of its users the fda's
  2433. 1:43:46ban of the drug would eventually result
  2434. 1:43:47in a subsequent Nationwide action
  2435. 1:43:50against the makers of the diet drug
  2436. 1:43:52specifically for users who had sustained
  2437. 1:43:55injuries primarily to their heart valves
  2438. 1:43:57but also included authority to cover
  2439. 1:44:00their lung and respiratory injuries to
  2440. 1:44:02those who had sustained them but in
  2441. 1:44:04order to qualify for the settlement
  2442. 1:44:06clients would have to undergo an
  2443. 1:44:08ultrasound of their heart in order to
  2444. 1:44:10establish the degree of damage they had
  2445. 1:44:13suffered from taking the diet pills this
  2446. 1:44:15requirement would pose a very serious
  2447. 1:44:18problem for our Law Firm mostly because
  2448. 1:44:20our clients could not afford the cost of
  2449. 1:44:22an echocardiogram that was not deemed
  2450. 1:44:25medically necessary by their health
  2451. 1:44:26insurance and many of our clients did
  2452. 1:44:29not have health insurance to speak of so
  2453. 1:44:32we quickly devised a plan to go around
  2454. 1:44:34the woes of the the American Health Care
  2455. 1:44:36system and instead we hired an
  2456. 1:44:38ultrasound company who would conduct
  2457. 1:44:40these tests for us and on behalf of our
  2458. 1:44:42clients this required us to test every
  2459. 1:44:45single one of our clients in almost
  2460. 1:44:47every single state across the country
  2461. 1:44:49over the course of several years and it
  2462. 1:44:52was a task that I and a few other legal
  2463. 1:44:54representatives in my firm were tasked
  2464. 1:44:57to complete in addition we would conduct
  2465. 1:44:59in-person depositions that would allow
  2466. 1:45:01us to gain a deeper understanding of our
  2467. 1:45:03clients medical history and to preserve
  2468. 1:45:06their rights for any future settlements
  2469. 1:45:07that they were entitled to over the next
  2470. 1:45:10few years I would eventually travel to
  2471. 1:45:12nearly every state in the union meeting
  2472. 1:45:14with hundreds and eventually thousands
  2473. 1:45:17of clients in person and it was during
  2474. 1:45:19those in-person meetings that I first
  2475. 1:45:22began to notice a reoccurring Problem by
  2476. 1:45:25the time our clients came to us to have
  2477. 1:45:27their echocardiogram conducted they were
  2478. 1:45:30already well aware that we would be
  2479. 1:45:32pursuing their case on the basis of the
  2480. 1:45:34injuries they had sustained to their
  2481. 1:45:36heart or lungs but from my very first
  2482. 1:45:39trip I would be confronted by an
  2483. 1:45:41entirely unexpected set of problems
  2484. 1:45:44clients began continuously telling me
  2485. 1:45:47about the neurological problems that
  2486. 1:45:49they were having from taking the diet
  2487. 1:45:50pills from the very first day I began
  2488. 1:45:54hearing clients complain of short-term
  2489. 1:45:56memory loss depression drastic sleep
  2490. 1:45:59pattern changes and other neurological
  2491. 1:46:01issues that were not the basis for our
  2492. 1:46:04representation
  2493. 1:46:05over and over I would sadly be forced to
  2494. 1:46:09explain to each person that while these
  2495. 1:46:11issues were horrible that we were not
  2496. 1:46:13able to pursue them as part of our case
  2497. 1:46:15against the makers of fenfen I wouldn't
  2498. 1:46:18learn until much later that the reason
  2499. 1:46:20we weren't pursuing it was because the
  2500. 1:46:22drug makers had intentionally never
  2501. 1:46:24published the neurological effects on
  2502. 1:46:26humans in their clinical trials and this
  2503. 1:46:29was despite the fact that other studies
  2504. 1:46:31had already demonstrated neurological
  2505. 1:46:34damage from the drug towards the end of
  2506. 1:46:37the litigation we discovered that the
  2507. 1:46:39pharmaceutical companies who had made
  2508. 1:46:40fenfen appear to intentionally avoid
  2509. 1:46:43financially supporting any of the
  2510. 1:46:45studies on the human brain precisely
  2511. 1:46:47because they already knew their drug to
  2512. 1:46:49be neurotoxic and much of this
  2513. 1:46:51information was not made public due to
  2514. 1:46:55non-disclosure agreements arising from
  2515. 1:46:57the eventual settlements but for nearly
  2516. 1:47:00eight years of my career I was the
  2517. 1:47:02primary contact for thousands of clients
  2518. 1:47:05who would call in periodically to
  2519. 1:47:07provide medical updates and the number
  2520. 1:47:09of times that I heard each of them tell
  2521. 1:47:11me about how they were affected
  2522. 1:47:13neurologically was simply staggering
  2523. 1:47:16people who would sometimes scream and
  2524. 1:47:19yell in frustration Furious that we were
  2525. 1:47:22unable to sue the makers of the diet
  2526. 1:47:24drug because of their inability to
  2527. 1:47:26function normally these conversations
  2528. 1:47:29happen so frequently that the managing
  2529. 1:47:31partners of my Law Firm began sending
  2530. 1:47:34letters explaining to each client that
  2531. 1:47:36we were unable to pursue cases on the
  2532. 1:47:39basis of neurological damage alone a
  2533. 1:47:42decision that I never supported but was
  2534. 1:47:45entirely out of my hands in 2003 I met a
  2535. 1:47:48young woman in her late 20s in Grand
  2536. 1:47:51Rapids Michigan during one of my trips
  2537. 1:47:53to conduct client echocardiograms and
  2538. 1:47:56the story she told me that day is one
  2539. 1:47:58that I will truly never forget she had
  2540. 1:48:01been in her final year of her master's
  2541. 1:48:03degree program when she decided to start
  2542. 1:48:05taking fan to help lose the weight that
  2543. 1:48:08she had gained during her previous year
  2544. 1:48:10of schooling she sat there in tears as
  2545. 1:48:13she explained how she wasn't the same
  2546. 1:48:14anymore how despite being at top of her
  2547. 1:48:17class in high school and her undergrad
  2548. 1:48:19always maintaining a 4.0 that after she
  2549. 1:48:23took fenfen she had failed out of every
  2550. 1:48:25class in her program because as she said
  2551. 1:48:28I just couldn't retain anything anymore
  2552. 1:48:31we talked for an hour that day 59
  2553. 1:48:34minutes of which was about the
  2554. 1:48:36neurological and short-term memory
  2555. 1:48:38problems that she had suffered in less
  2556. 1:48:40than a week later when I called her to
  2557. 1:48:42provide her the results of her
  2558. 1:48:44ultrasound she barely remembered
  2559. 1:48:46speaking with me just days before
  2560. 1:48:49completely unable to recall any of the
  2561. 1:48:52details we had spoke about that day she
  2562. 1:48:55took the diet drug fenfen for just 45
  2563. 1:48:58days during the many years of our
  2564. 1:49:01litigation we learned that phenfloramine
  2565. 1:49:03and dexfinfloramine was linked to
  2566. 1:49:05neurotoxicity a primary symptom of which
  2567. 1:49:08is short-term memory loss the evidence
  2568. 1:49:11of the catastrophic neurological damage
  2569. 1:49:13due to fenfen is not a widely reported
  2570. 1:49:16symptom of the drug but when I heard
  2571. 1:49:19cerilda Routier tell the audience that
  2572. 1:49:22Darley had been on fenfen for months
  2573. 1:49:24prior to the night of June 6th after
  2574. 1:49:27those words left her mouth for me
  2575. 1:49:29everything came into Focus I feverishly
  2576. 1:49:33went back through the records and the
  2577. 1:49:35entirety of darley's case and it became
  2578. 1:49:37a puzzle piece that now began to match
  2579. 1:49:39areas of her case that had previously
  2580. 1:49:41never made any sense I now realized the
  2581. 1:49:45full weight of attorney Douglas Mulder's
  2582. 1:49:47failure at darley's trial because all of
  2583. 1:49:50this information was available to him at
  2584. 1:49:53that time information that could have
  2585. 1:49:55provided a reasonable explanation for
  2586. 1:49:58some of the most challenging and
  2587. 1:49:59previously damning elements of darley's
  2588. 1:50:02case and so I Revisited many of the
  2589. 1:50:05Hallmarks of the prosecution's case
  2590. 1:50:07against Darley from the vantage point of
  2591. 1:50:09the one thing darlie never had at trial
  2592. 1:50:12a competent criminal defense attorney
  2593. 1:50:15and a rigorous defense events the
  2594. 1:50:18question of how Darley could have slept
  2595. 1:50:20through the attacks of her children
  2596. 1:50:21almost immediately I remembered my
  2597. 1:50:24client from Oklahoma who had called us
  2598. 1:50:26after an F3 tornado had blown through
  2599. 1:50:28her community to inform us that she was
  2600. 1:50:31okay a woman who had been in the
  2601. 1:50:33military for 12 years who had three
  2602. 1:50:36children and was always the first to
  2603. 1:50:38wake up at the sound of a pin dropping
  2604. 1:50:40had somehow slept through a tornado
  2605. 1:50:42nearly blowing her entire house down she
  2606. 1:50:46would become just one of the hundreds of
  2607. 1:50:49people who told a similar experiences
  2608. 1:50:51about their drastic sleep pattern
  2609. 1:50:54changes after weeks of using the diet
  2610. 1:50:56drug I remember darley's changing
  2611. 1:50:59stories and how they shifted or were
  2612. 1:51:01amended as time went on again I sat
  2613. 1:51:04there recalling the countless times I
  2614. 1:51:06would speak with our clients who would
  2615. 1:51:08tell me something one day call back days
  2616. 1:51:10later and say something entirely
  2617. 1:51:12different one day they thought they had
  2618. 1:51:15taken the drug for three weeks and just
  2619. 1:51:17days later they called and now it's six
  2620. 1:51:19it was one of the primary reasons we had
  2621. 1:51:22to start requesting Pharmacy records
  2622. 1:51:24because of this reoccurring problem it
  2623. 1:51:27was then I remembered how the makers of
  2624. 1:51:29fenfen even acknowledged to the FDA that
  2625. 1:51:32their drug interacted with our brain
  2626. 1:51:34serotonin system I remembered how I
  2627. 1:51:37learned about the serotonergic system
  2628. 1:51:39during our litigation a system which
  2629. 1:51:42regulates the brain's ability to store
  2630. 1:51:45and recall memories and then I
  2631. 1:51:48remembered how the state had used
  2632. 1:51:50darley's journal entry as proof of her
  2633. 1:51:52intent to end her life and the lives of
  2634. 1:51:55her children for me that was one of the
  2635. 1:51:58most profound moments of realization in
  2636. 1:52:00the entirety of this investigation
  2637. 1:52:02remembering how many times I spoke with
  2638. 1:52:05clients on the phone who would call
  2639. 1:52:07crying pouring their hearts out telling
  2640. 1:52:09me that they had never had depression
  2641. 1:52:11before taking fenfen people who at the
  2642. 1:52:14beginning of taking the diet pills were
  2643. 1:52:16for a time happy and full of joy and
  2644. 1:52:19then all of a sudden out of nowhere it
  2645. 1:52:21was as though their ability to even
  2646. 1:52:23experience happiness just went away and
  2647. 1:52:27all of these were a Hallmark symptom of
  2648. 1:52:29a serotonin deficiency which was a
  2649. 1:52:31common daily discussion with fenfen
  2650. 1:52:34clients from across the entirety of the
  2651. 1:52:37United States of America and now with
  2652. 1:52:40this knowledge in hand a journal entry
  2653. 1:52:43that once brought suspicion and the
  2654. 1:52:45Assumption of guilt now had an entirely
  2655. 1:52:47different meaning all of these memories
  2656. 1:52:50began having a cascading effect because
  2657. 1:52:52I remembered the innumerable times I
  2658. 1:52:54would talk to clients as they would get
  2659. 1:52:56further and further away from their use
  2660. 1:52:58of the diet pills and how their
  2661. 1:53:00neurological systems over time would
  2662. 1:53:02start to recover and how memories that
  2663. 1:53:04were once blurred and hazy would become
  2664. 1:53:07more and more clear over time I realized
  2665. 1:53:11how something that had a physiological
  2666. 1:53:13neurological and rational explanation in
  2667. 1:53:17the medical world would instead have the
  2668. 1:53:19appearance of deceitful and criminal
  2669. 1:53:22behavior when viewed against the
  2670. 1:53:24backdrop of a heinous crime a vast
  2671. 1:53:27majority of the clients we represented
  2672. 1:53:29during the nearly decade-long litigation
  2673. 1:53:31took the diet pills for between four and
  2674. 1:53:34eight weeks over time we learned that
  2675. 1:53:37the longer a client took the drug the
  2676. 1:53:40more likely they would sustain severe
  2677. 1:53:42cardiac respiratory and neurological
  2678. 1:53:45problems we would represent clients that
  2679. 1:53:48only took the drug for as little as
  2680. 1:53:50three weeks some who were in their early
  2681. 1:53:53twenties men and women who had otherwise
  2682. 1:53:56been healthy but were now facing a
  2683. 1:53:58horrific diagnosis called primary
  2684. 1:54:01pulmonary hypertension a diagnosis that
  2685. 1:54:04at the time was a death sentence a
  2686. 1:54:08disease that could only be cured with a
  2687. 1:54:10dual heart and lung transplant and many
  2688. 1:54:14of the people who were diagnosed with
  2689. 1:54:16that disease only took fenfen for three
  2690. 1:54:20to four weeks digging through darley's
  2691. 1:54:23case records I was stunned when I came
  2692. 1:54:25across the documents that told me
  2693. 1:54:27exactly how long she had been on this
  2694. 1:54:30cardiac respiratory and neurotoxic
  2695. 1:54:33pharmaceutical drug that would ravage
  2696. 1:54:35the lives of hundreds of thousands of
  2697. 1:54:38people and when I saw it I almost
  2698. 1:54:40couldn't believe the words on the page
  2699. 1:54:43darlie Routier had taken fenfen for four
  2700. 1:54:47months by the morning of June 6 1996 so
  2701. 1:54:51it was at that moment that I resolved to
  2702. 1:54:54go back through the entirety of darley's
  2703. 1:54:56case to see if there was evidence that
  2704. 1:54:58could support her claims of Innocence
  2705. 1:55:00firmly establishing Reasonable Doubt and
  2706. 1:55:03allow me to make that impossible climb
  2707. 1:55:06up that mountain and to finally answer
  2708. 1:55:09the questions that I had started out
  2709. 1:55:11with from the very beginning is darlie
  2710. 1:55:14Routier guilty Beyond any reasonable
  2711. 1:55:16doubt and does she deserve to be on
  2712. 1:55:19death row and what I was about to find
  2713. 1:55:22would allow me to answer those questions
  2714. 1:55:28by the time darley's defense was
  2715. 1:55:30presented to the jury it was evident to
  2716. 1:55:33anyone watching that her team would need
  2717. 1:55:35to put forward believable evidence to
  2718. 1:55:37counter the Litany of claims that had
  2719. 1:55:39been presented by the prosecution but as
  2720. 1:55:42I read through the court transcripts I
  2721. 1:55:44was amazed at the consistent failures by
  2722. 1:55:46her defense team to do exactly that
  2723. 1:55:49usually when you evaluate a case that
  2724. 1:55:52has already gone through the trial
  2725. 1:55:53process you can very easily find the
  2726. 1:55:55evidence that was presented from both
  2727. 1:55:57the prosecution and the defense and as
  2728. 1:56:00we already know this didn't happen in
  2729. 1:56:02darley's trial in one of the most widely
  2730. 1:56:04discussed areas by those who support her
  2731. 1:56:07guilt the forensic evidence due to this
  2732. 1:56:10catastrophic error the Assumption tends
  2733. 1:56:12to be that since evidence wasn't
  2734. 1:56:14presented to the jury it either didn't
  2735. 1:56:16exist or was incredible well thankfully
  2736. 1:56:19forensic experts Terry labor and Bart
  2737. 1:56:21Epstein have since provided the
  2738. 1:56:23appellate court evidence that did
  2739. 1:56:25support darley's claims despite the fact
  2740. 1:56:27that they were never allowed to finish
  2741. 1:56:29their work but let's evaluate the
  2742. 1:56:32primary issues brought against darlia
  2743. 1:56:34trial and see if in fact there are any
  2744. 1:56:37signs of Reasonable Doubt
  2745. 1:56:42the prosecutions claimed that darley's
  2746. 1:56:45injuries were entirely superficial has
  2747. 1:56:47to be one of the most widely repeated
  2748. 1:56:49statements that I have heard from every
  2749. 1:56:52single documentary I have ever seen in
  2750. 1:56:54darley's case in fact it is repeated so
  2751. 1:56:58often that by the time you arrive at the
  2752. 1:57:00physical evidence of her injuries you
  2753. 1:57:02already believe that she had to have
  2754. 1:57:04inflicted these injuries upon herself
  2755. 1:57:06and that despite the appearance of their
  2756. 1:57:08severity they were little more than a
  2757. 1:57:11minor scratch that required a handful of
  2758. 1:57:13stitches but as usual I didn't take
  2759. 1:57:16those claims at face value and what I
  2760. 1:57:19found in the records was nothing short
  2761. 1:57:22of unbelievable one of the incredible
  2762. 1:57:26breakthroughs of modern science over the
  2763. 1:57:28last 50 years is how effective it is in
  2764. 1:57:31painting a picture for us a picture that
  2765. 1:57:34we wouldn't otherwise have using our
  2766. 1:57:36eyesight alone so it was incredibly
  2767. 1:57:39shocking to me when I looked at her
  2768. 1:57:41medical records and after all these
  2769. 1:57:43years sitting there in plain sight was
  2770. 1:57:46proof positive that all of the claims
  2771. 1:57:48about darley's superficial injuries are
  2772. 1:57:51completely incorrect the treating
  2773. 1:57:53physician from Baylor Medical Center
  2774. 1:57:55testified during darley's trial that her
  2775. 1:57:58hemoglobin dropped by two grams in the
  2776. 1:58:01hours following her hospitalization now
  2777. 1:58:04to the average layperson that may seem
  2778. 1:58:06like an entirely inconsequential fact
  2779. 1:58:09however I assure you it is not because
  2780. 1:58:12in order for your hemoglobin to drop by
  2781. 1:58:15two grams you would need to lose 2 000
  2782. 1:58:18cc's of blood and courtesy of darly's
  2783. 1:58:20shirt and the crime scene we can see
  2784. 1:58:23evidence that supports that very fact
  2785. 1:58:25now it may surprise you to know but 2000
  2786. 1:58:28cc's is nearly half of the blood that
  2787. 1:58:31Darley had in her body so then the next
  2788. 1:58:34logical question is how much blood can a
  2789. 1:58:37human body lose before we die from blood
  2790. 1:58:39loss
  2791. 1:58:41and there it is in black and white and
  2792. 1:58:45indisputable medical fact that disproves
  2793. 1:58:48one of the primary claims made against
  2794. 1:58:50Darley since day one all this time we
  2795. 1:58:54have been told time and time again that
  2796. 1:58:56her injuries were always entirely
  2797. 1:58:58insignificant and superficial and that
  2798. 1:59:01they were never at any point
  2799. 1:59:03life-threatening while everyone has
  2800. 1:59:05spent decades arguing about the depth of
  2801. 1:59:08the injury and the millimeters from her
  2802. 1:59:10carotid sheath no one bothered to pay
  2803. 1:59:12any attention to the fact that she was
  2804. 1:59:15quite literally on the brink of death
  2805. 1:59:17all this time through every documentary
  2806. 1:59:20podcast YouTube video Forensic Files
  2807. 1:59:23episode and everyone who has claimed
  2808. 1:59:25that darley's injuries were minor at
  2809. 1:59:27best every single one of them got it
  2810. 1:59:31wrong now you may be tempted to think
  2811. 1:59:33that maybe the hemoglobin is somehow
  2812. 1:59:35inconsequential well I'll prove to you
  2813. 1:59:38that it isn't because do you want to
  2814. 1:59:40know what else we know that night Darley
  2815. 1:59:42was diagnosed with acute post
  2816. 1:59:44hemorrhagic anemia which only happens in
  2817. 1:59:47the body after you have lost a
  2818. 1:59:50considerable life-threatening amount of
  2819. 1:59:52blood additionally Darley was in surgery
  2820. 1:59:55for an entire hour and I can tell you as
  2821. 1:59:58someone who has gone through 20 plus
  2822. 2:00:00surgeries in my lifetime superficial
  2823. 2:00:03injuries do not take an entire hour to
  2824. 2:00:05repair in surgery but if all you had
  2825. 2:00:08ever seen are the countless
  2826. 2:00:10documentaries that have deemed darly
  2827. 2:00:12guilty from the beginning you might
  2828. 2:00:14incorrectly believe that she barely
  2829. 2:00:16suffered a scratch a flesh wound but
  2830. 2:00:19while officer Waddell testified in front
  2831. 2:00:22of the jury chastising darly for not
  2832. 2:00:24providing Aid to her children something
  2833. 2:00:27he himself was trained to do the reality
  2834. 2:00:30was that she was literally fighting for
  2835. 2:00:32her life while applying pressure to her
  2836. 2:00:35hemorrhaging wound on her neck and the
  2837. 2:00:37whole time she was literally on the
  2838. 2:00:40verge of bleeding to death death and to
  2839. 2:00:42those who claim that her blood pressure
  2840. 2:00:44was normal when she got into the
  2841. 2:00:45ambulance that is less than meaningless
  2842. 2:00:47because the body does a strange thing
  2843. 2:00:49when it's fighting for survival it
  2844. 2:00:51releases adrenaline to keep your heart
  2845. 2:00:54pumping as a result of the loss of blood
  2846. 2:00:56volume as a means to keep you alive
  2847. 2:00:59which by extension temporarily raises
  2848. 2:01:02your blood pressure and while everyone
  2849. 2:01:04has repeatedly blamed Darley for not
  2850. 2:01:06asking about her children they all
  2851. 2:01:09ignored the fact that she can clearly be
  2852. 2:01:11heard on the 9-1-1 call over and over
  2853. 2:01:14repeatedly saying my babies are dead my
  2854. 2:01:18babies are dead because in fact they
  2855. 2:01:21were a woman who herself was in the
  2856. 2:01:24process of losing nearly half of her
  2857. 2:01:26blood volume a woman with no medical
  2858. 2:01:28training whatsoever was blamed for not
  2859. 2:01:32rendering Aid to children who were
  2860. 2:01:34already Beyond saving a fact that was
  2861. 2:01:38confirmed at trial by the EMTs who
  2862. 2:01:40arrived Within minutes of her call that
  2863. 2:01:43Devin was already gone and that by the
  2864. 2:01:45time they put Damon into the back of the
  2865. 2:01:47ambulance he never once showed any signs
  2866. 2:01:50of Life breathing heartbeat or otherwise
  2867. 2:01:53and both boys injuries were severe
  2868. 2:01:56enough that nothing anyone could have
  2869. 2:01:58done absent of an operating room in
  2870. 2:02:00darley's kitchen would have saved either
  2871. 2:02:03child's life and the fact is plain and
  2872. 2:02:06simple that Darley was severely injured
  2873. 2:02:09and likely came within minutes of losing
  2874. 2:02:12her own life that night during the trial
  2875. 2:02:15darley's defense put on their own
  2876. 2:02:17medical expert that testified that her
  2877. 2:02:19injuries were consistent with an attack
  2878. 2:02:21from an intruder including defensive
  2879. 2:02:23wounds to her arm and fingers and in
  2880. 2:02:27fact there was evidence in the form of
  2881. 2:02:29damage to the necklace she was wearing
  2882. 2:02:31at the time that was consistent with her
  2883. 2:02:33laying on her back at the moment she
  2884. 2:02:35sustained the injuries to her neck and
  2885. 2:02:39there is also blood evidence on on the
  2886. 2:02:41couch that supports that she in fact
  2887. 2:02:43bled while she was still laying down
  2888. 2:02:45asleep sadly one of the many things that
  2889. 2:02:48wasn't properly addressed in darley's
  2890. 2:02:50trial by the defense is the claim that
  2891. 2:02:52there should have been more blood on the
  2892. 2:02:54couch if in fact that was the location
  2893. 2:02:56of the attack but that is simply not how
  2894. 2:02:59the human body works when we sleep our
  2895. 2:03:02blood pressure and heart rates plummet
  2896. 2:03:04and it is not uncommon for some people
  2897. 2:03:06to have resting heart rates that dip
  2898. 2:03:09into the 30s and 40s so it makes perfect
  2899. 2:03:12sense that while she's still sleeping
  2900. 2:03:14she doesn't bleed excessively precisely
  2901. 2:03:17because of the fact that no major artery
  2902. 2:03:20was severed by the Intruder which was
  2903. 2:03:22her story from day one and then once she
  2904. 2:03:26got up to take chase after the Intruder
  2905. 2:03:29now that her blood pressure and heart
  2906. 2:03:31rate have risen that is when the blood
  2907. 2:03:33loss increased exponentially but easily
  2908. 2:03:36one of the most divisive parts of
  2909. 2:03:38darley's case surrounds the bruising on
  2910. 2:03:40her arms the claim by the prosecution at
  2911. 2:03:43trial is that Darley must have
  2912. 2:03:44self-inflicted the bruises after she
  2913. 2:03:46left the hospital because no one from
  2914. 2:03:48the medical staff seemed to have recall
  2915. 2:03:51ever seeing them during her
  2916. 2:03:52hospitalization but never mind the fact
  2917. 2:03:54that darley's family testified that they
  2918. 2:03:56did see the bruises on her arms while
  2919. 2:03:58she was still in the hospital but let's
  2920. 2:04:00look at some of the only available
  2921. 2:04:02pictures taken of Darley while she was
  2922. 2:04:05still hospitalized now because of the
  2923. 2:04:07incredibly poor quality of this picture
  2924. 2:04:10I have adjusted the brightness and
  2925. 2:04:12nothing else all this adjustment does is
  2926. 2:04:15increase the colors in a spectrum that
  2927. 2:04:17allows us to see her skin clearly as it
  2928. 2:04:20was with more clarity and now because of
  2929. 2:04:24that Clarity we can see all of the
  2930. 2:04:26purple bruises that were under her arm
  2931. 2:04:28before she ever left the hospital now
  2932. 2:04:32the claim by the prosecution and
  2933. 2:04:34countless others is that the bruising
  2934. 2:04:36was so much worse days later when Darley
  2935. 2:04:38arrived at the police station to take
  2936. 2:04:40pictures and by extension this must have
  2937. 2:04:43meant that they were all self-inflicted
  2938. 2:04:45but all this does is speak to the level
  2939. 2:04:48of medical ignorance that is rampant
  2940. 2:04:50throughout the entirety of this jury
  2941. 2:04:52trial but when bruising of this
  2942. 2:04:54magnitude seen in this picture happens
  2943. 2:04:57it often continues to expand over time
  2944. 2:04:59but allow me to demonstrate in these
  2945. 2:05:03pictures of a totally random person
  2946. 2:05:05taken from the internet you can see a
  2947. 2:05:07day by day view of how the bruising
  2948. 2:05:10progresses from day one until day 14 and
  2949. 2:05:14yet somehow bruising that looked one way
  2950. 2:05:16on day one progressively worsens
  2951. 2:05:18multiple days later so using the
  2952. 2:05:21prosecutor same line of thinking that
  2953. 2:05:23must mean that this woman who had her
  2954. 2:05:25nose job must have gone home and had her
  2955. 2:05:28significant other hit her in the face
  2956. 2:05:29with a baseball bat because as you can
  2957. 2:05:31see her bruising continues to worsen
  2958. 2:05:34somehow despite no signs of the bruising
  2959. 2:05:37in those areas days before you know I
  2960. 2:05:40think we must have some kind a
  2961. 2:05:41conspiracy happening of people being
  2962. 2:05:43viciously assaulted shortly after their
  2963. 2:05:45cosmetic surgery someone needs to
  2964. 2:05:47contact the FBI we have a Serial
  2965. 2:05:50attacker on our hands are you seeing how
  2966. 2:05:52absurd this is now or or should I keep
  2967. 2:05:54going because the fact of the matter is
  2968. 2:05:57when dealing with traumatic subcutaneous
  2969. 2:05:59bruising and injuries of this magnitude
  2970. 2:06:02the human body demonstrates a healing
  2971. 2:06:04process with a very similar Progressive
  2972. 2:06:07pattern so when you take those facts
  2973. 2:06:10into consideration then the bruising on
  2974. 2:06:12darley's arm was consistent with having
  2975. 2:06:15been inflicted in the early morning of
  2976. 2:06:17June 6 1996 because as we can plainly
  2977. 2:06:21see in this picture the bruising was
  2978. 2:06:24already there long before she ever left
  2979. 2:06:27the hospital and was allowed the
  2980. 2:06:29opportunity to inflict those injuries on
  2981. 2:06:32herself and I'll be honest with you the
  2982. 2:06:35fact that I haven't heard any of these
  2983. 2:06:37things in any of the major documentaries
  2984. 2:06:39I've seen is nothing short of
  2985. 2:06:41infuriating to me especially because so
  2986. 2:06:45many of these things are simple medical
  2987. 2:06:46science things that the defense should
  2988. 2:06:49have known and most importantly the
  2989. 2:06:51state should have known but this is not
  2990. 2:06:53the first time in my career where I've
  2991. 2:06:55come across cases where a prosecutor
  2992. 2:06:57made claims about things that they knew
  2993. 2:06:59nothing about and then the world runs
  2994. 2:07:01off on a tangent with that
  2995. 2:07:02misinformation and before you know it
  2996. 2:07:05someone's life is completely ruined but
  2997. 2:07:08I knew that I had to continue to do my
  2998. 2:07:11very best to maintain my own personal
  2999. 2:07:13objectivity throughout the entirety of
  3000. 2:07:15my evaluation so at this moment in time
  3001. 2:07:17I hadn't come to any conclusions about
  3002. 2:07:20the evidence yet but what I had
  3003. 2:07:22concluded is that the claim that she was
  3004. 2:07:24only superficially wounded is medically
  3005. 2:07:27and factually Incorrect and that is
  3006. 2:07:30supported by the evidence
  3007. 2:07:33however I continued to press onward up
  3008. 2:07:36the mountain and to allow that evidence
  3009. 2:07:38to continue to guide me
  3010. 2:07:43from the opening statements made by the
  3011. 2:07:46prosecution they would tell the jury the
  3012. 2:07:49media and anyone who would listen that
  3013. 2:07:51Darley was a vain materialistic wealth
  3014. 2:07:54obsessed and abusive mother who is
  3015. 2:07:56determined to get money at any cost even
  3016. 2:07:59to the point of taking her own
  3017. 2:08:01children's lives and it's important to
  3018. 2:08:04remember that this claim is the state's
  3019. 2:08:06primary argument for darley's motive to
  3020. 2:08:09commit this crime but let's really look
  3021. 2:08:12at the state's claim concerning the
  3022. 2:08:13alleged financial problems that the
  3023. 2:08:15routers were supposedly in one year
  3024. 2:08:18before the crime in 1995 Darren Routier
  3025. 2:08:22made
  3026. 2:08:23264 thousand dollars which adjusted for
  3027. 2:08:26inflation would be the equivalent of
  3028. 2:08:28making 506
  3029. 2:08:32952.76 in today's money
  3030. 2:08:36now the claim by the prosecution was
  3031. 2:08:38that he had experienced a downturn in
  3032. 2:08:40his business which was true but how much
  3033. 2:08:43money had Darren made by the time June 6
  3034. 2:08:45rolled around well here's what we know
  3035. 2:08:48Darren had already made 111 thousand
  3036. 2:08:52dollars in the first five months of 1996
  3037. 2:08:55and if again we adjust for inflation
  3038. 2:08:57that is the equivalent of two hundred
  3039. 2:09:00and thirteen thousand three hundred and
  3040. 2:09:02sixty three dollars present day
  3041. 2:09:04additionally during the trial we learned
  3042. 2:09:07that Darren had twenty thousand dollars
  3043. 2:09:09in outstanding receivables for the
  3044. 2:09:11business that he would later receive and
  3045. 2:09:138 000 in his business checking account
  3046. 2:09:15and out of that 8 000 were monies that
  3047. 2:09:18he had not yet delineated to himself for
  3048. 2:09:21his own paycheck now during the trial we
  3049. 2:09:24also heard claims that the routers were
  3050. 2:09:25mere moments away from foreclosure which
  3051. 2:09:28was compounded by the five thousand
  3052. 2:09:30dollar loan that they were denied days
  3053. 2:09:32prior however the claim that there were
  3054. 2:09:35mere moments away from foreclosure is
  3055. 2:09:37simply not true how do I know well for a
  3056. 2:09:41period of a few years in the 2000s I
  3057. 2:09:43worked two jobs one at a law firm and
  3058. 2:09:45the other as a self-originating mortgage
  3059. 2:09:48loan officer for a Fortune 500 bank and
  3060. 2:09:51Banks do not foreclose after two months
  3061. 2:09:54of non-payment that's not how any of
  3062. 2:09:56this works at all it's a fairly lengthy
  3063. 2:09:59process that usually takes a minimum of
  3064. 2:10:02four months to initiate and usually no
  3065. 2:10:05less than six months of non-payment
  3066. 2:10:06before the foreclosure process is
  3067. 2:10:09finalized and if you've ever listened to
  3068. 2:10:11financial shows like the Dave Ramsey
  3069. 2:10:13Show you've probably heard people who
  3070. 2:10:15call in regularly to tell the host about
  3071. 2:10:18how they make well over 300 Grand and
  3072. 2:10:20yet they are somehow in unimaginable
  3073. 2:10:22amounts of debt it happens to millions
  3074. 2:10:25of Americans every single day people who
  3075. 2:10:28make great money and yet still somehow
  3076. 2:10:31lift paycheck to paycheck and those same
  3077. 2:10:34people often resort to doing things
  3078. 2:10:36things like selling their jewelry
  3079. 2:10:37looking for debt consolidation loans or
  3080. 2:10:40whatever is needed to ensure that they
  3081. 2:10:42can continue to make ends meet but the
  3082. 2:10:45idea that the routers Were Somehow on
  3083. 2:10:47the doorsteps of foreclosure and
  3084. 2:10:49insolvency is neither accurate nor even
  3085. 2:10:52remotely true especially when you
  3086. 2:10:54consider the fact that just a few months
  3087. 2:10:56later Darren was able to pay the ninety
  3088. 2:10:59thousand dollar retainer for his wife's
  3089. 2:11:01new attorney Douglas Mulder and the
  3090. 2:11:04claim of the routers insolvency was
  3091. 2:11:06continuously repeated by the prosecution
  3092. 2:11:08at trial as one of the primary motives
  3093. 2:11:11for the crime but when you consider the
  3094. 2:11:13fact that the boy's funeral costs
  3095. 2:11:15through tears over 10 grand it is absurd
  3096. 2:11:18to suggest that the crimes were
  3097. 2:11:19motivated by their life insurance
  3098. 2:11:21policies which were nullified by the
  3099. 2:11:24cost of the crime itself at this point
  3100. 2:11:27of my investigation I realized that I
  3101. 2:11:29was making strides of this massive
  3102. 2:11:31Mountain that was the case against
  3103. 2:11:33Darley Routier but it was at this moment
  3104. 2:11:36that I realized that I needed to get
  3105. 2:11:38into the meat of the prosecution's case
  3106. 2:11:40against her because while these claims
  3107. 2:11:42are easily countered with the truth I
  3108. 2:11:45needed to know just how far this would
  3109. 2:11:47go
  3110. 2:11:50one of the very first things that I
  3111. 2:11:53always look for when I investigate a
  3112. 2:11:55case is how law enforcement evaluated
  3113. 2:11:58all of the available evidence from the
  3114. 2:12:00crime and from the onset of my analysis
  3115. 2:12:03of darley's case it was crystal clear to
  3116. 2:12:05me that law enforcement never seriously
  3117. 2:12:08considered that an intruder had been
  3118. 2:12:10responsible and that they made up their
  3119. 2:12:13minds within the first few hours after
  3120. 2:12:15the crimes were committed before having
  3121. 2:12:17any of the forensic evidence in their
  3122. 2:12:19possession the numerous reports of
  3123. 2:12:22neighbors and Friends of the family who
  3124. 2:12:24had seen a black car stalking the
  3125. 2:12:26rootier home multiple times before June
  3126. 2:12:296 were seemingly ignored and law
  3127. 2:12:31enforcement never provided evidence that
  3128. 2:12:34they investigated any leads related to
  3129. 2:12:37those sightings or anyone else for that
  3130. 2:12:39matter in fact during darley's trial
  3131. 2:12:42James cron testified that after a 20 to
  3132. 2:12:4430 minute walk through of the crime
  3133. 2:12:46scene he formed the belief that and I
  3134. 2:12:49quote there had not been an intruder
  3135. 2:12:52entry through the window unquote during
  3136. 2:12:54the trial he was asked why he formed
  3137. 2:12:57that opinion and he said it's sort of a
  3138. 2:12:59big picture it's not any one thing it
  3139. 2:13:02was the overall scene which primarily is
  3140. 2:13:05the lack of evidence in many cases many
  3141. 2:13:08who have defended James Cron's views
  3142. 2:13:10over the years claimed that his initial
  3143. 2:13:12view didn't end his investigation that
  3144. 2:13:14he continued to evaluate the evidence at
  3145. 2:13:16the scene but he also testified that it
  3146. 2:13:19was his opinion that the broken wine
  3147. 2:13:21glass quote looks to me like it had been
  3148. 2:13:24broken there to simulate or stage an
  3149. 2:13:26offense that a member of the household
  3150. 2:13:28broke it and planted it there unquote
  3151. 2:13:31and he made this statement despite the
  3152. 2:13:34fact that he hadn't completed any
  3153. 2:13:36forensic testing at that early stage of
  3154. 2:13:38his investigation that could in any way
  3155. 2:13:41scientifically support his opinion
  3156. 2:13:43because he had already arrived at the
  3157. 2:13:46conclusion that the crime scene was
  3158. 2:13:48entirely staged and that Darley was
  3159. 2:13:50response principle and sadly we now know
  3160. 2:13:53that Terry labor and Bart Epstein
  3161. 2:13:55differed in their analysis of the wine
  3162. 2:13:57glass and believed that it had been
  3163. 2:13:59broken while still in the wine rack we
  3164. 2:14:02also know that upon arriving crime scene
  3165. 2:14:04investigators would notice that the
  3166. 2:14:06coffee table next to the couch where
  3167. 2:14:08Darley claimed that she was attacked
  3168. 2:14:10showed signs that it had been moved
  3169. 2:14:12consistent with the struggle near the
  3170. 2:14:15couch one of the Hallmarks of the
  3171. 2:14:17prosecution's claims was that an
  3172. 2:14:19intruder could not have committed the
  3173. 2:14:21crime due to the lack of blood evidence
  3174. 2:14:23leading out of the house and into the
  3175. 2:14:25garage but just for a moment let's think
  3176. 2:14:28about that logically and just for now
  3177. 2:14:31let's assume that an intruder was
  3178. 2:14:33responsible for this crime so the
  3179. 2:14:35Intruder attacks the boys then darly and
  3180. 2:14:38eventually Darley wakes up and he runs
  3181. 2:14:41off dropping the knife as he leaves
  3182. 2:14:43since that would mean that Darley was
  3183. 2:14:45injured on the couch and ran after the
  3184. 2:14:47Intruder then there is no reason to
  3185. 2:14:49believe that he would have left shoe and
  3186. 2:14:51prints in blood throughout the kitchen
  3187. 2:14:53utility room or the garage since he was
  3188. 2:14:57always in front of her before she could
  3189. 2:14:59have even left any blood for him to step
  3190. 2:15:02in but the prosecution also claimed that
  3191. 2:15:05Intruder would have left evidence in the
  3192. 2:15:07backyard and while fleeing would have
  3193. 2:15:08turned on the security light that would
  3194. 2:15:10have stayed on for 18 minutes but in the
  3195. 2:15:131990s I also owned several different
  3196. 2:15:16types of security lights that were very
  3197. 2:15:18commonly used during the time and one
  3198. 2:15:21thing I learned about them is that they
  3199. 2:15:23were controlled by an external on and
  3200. 2:15:25off switch so if an intruder had been
  3201. 2:15:28casing the house for several days as was
  3202. 2:15:30reported by several witnesses who saw a
  3203. 2:15:33man in a black car sitting across from
  3204. 2:15:35the rootier home then he would have
  3205. 2:15:37likely known about the light prior to
  3206. 2:15:39entering or exiting the rootier home
  3207. 2:15:42additionally Darley would later describe
  3208. 2:15:45him as being very tall so scaling the
  3209. 2:15:47routier's back wall wouldn't have been a
  3210. 2:15:49challenge but the claims that he would
  3211. 2:15:52have had to have Disturbed the mulch in
  3212. 2:15:53the backyard are also exaggerated
  3213. 2:15:55because as an avid Gardener myself for
  3214. 2:15:58the last 40 years and as a man who was
  3215. 2:16:016'3 and built like a linebacker I can
  3216. 2:16:04very easily stand jump or even break
  3217. 2:16:07dance on my Mulch and not leave any
  3218. 2:16:09significant Impressions on it whatsoever
  3219. 2:16:11and all of these details that have
  3220. 2:16:14always been characterized as
  3221. 2:16:15indisputable incontrovertible facts are
  3222. 2:16:18simply subjective viewpoints adopted by
  3223. 2:16:21the state precisely because they want to
  3224. 2:16:23utilize these as details that are a
  3225. 2:16:26means to establish guilt but they are
  3226. 2:16:29not empirical scientific facts that do
  3227. 2:16:31not have any possible viable
  3228. 2:16:34explanations whatsoever later on in the
  3229. 2:16:37trial one of the other claims made by
  3230. 2:16:39the prosecution was that there had not
  3231. 2:16:41been evidence consistent with an
  3232. 2:16:43intruder dropping the knife as there was
  3233. 2:16:45no pattern shown by the blood evidence
  3234. 2:16:47that supported darley's version of
  3235. 2:16:49events but expert labor would later
  3236. 2:16:52explain that blood coagulates very
  3237. 2:16:54quickly outside of the body and it is
  3238. 2:16:57not a scientific certainty that if an
  3239. 2:17:00intruder had dropped the knife that
  3240. 2:17:02there would have to have been an
  3241. 2:17:03evidentiary pattern of the blade itself
  3242. 2:17:05left behind but I do have a bone to pick
  3243. 2:17:09that I am absolutely tired of hearing
  3244. 2:17:11whenever I listen to anyone discuss this
  3245. 2:17:14case because another one of the most
  3246. 2:17:16frequently repeated claims that has been
  3247. 2:17:18made by the prosecution and every single
  3248. 2:17:21person who has covered this case in
  3249. 2:17:23favor of their evidence is the claim
  3250. 2:17:25that the windowsill dust wasn't
  3251. 2:17:27Disturbed and that somehow proved that
  3252. 2:17:29an intruder could not have gone through
  3253. 2:17:31that window and this is despite the fact
  3254. 2:17:34that two decades ago Darren was able to
  3255. 2:17:36demonstrate how a tall man just like him
  3256. 2:17:39is easily able to get in and out of that
  3257. 2:17:42windowsill without disturbing any of the
  3258. 2:17:45Dust but again this outright
  3259. 2:17:48misinformation is repeated time and time
  3260. 2:17:50again touted as gospel truth and in
  3261. 2:17:54reality it's just lazy because it's not
  3262. 2:17:57scientific evidence of any kind and yet
  3263. 2:18:00it is portrayed as though it is and the
  3264. 2:18:02more I looked into the state's evidence
  3265. 2:18:04I continued to find that their absolute
  3266. 2:18:06assertions were not as rock solid as
  3267. 2:18:09they had been portrayed during darley's
  3268. 2:18:11trial and yet no matter how many times I
  3269. 2:18:14saw clear moments that could have easily
  3270. 2:18:16been corrected by an attentive defense
  3271. 2:18:18lawyer what I saw instead was the
  3272. 2:18:20apparent absence of attorney Douglas
  3273. 2:18:22smolder who failed to do what he had
  3274. 2:18:24been hired to do from the very beginning
  3275. 2:18:27to competently defend his client but it
  3276. 2:18:32was at this moment that I realized that
  3277. 2:18:34it was time to address the elephant in
  3278. 2:18:36the room from the very beginning of
  3279. 2:18:38darley's trial the state told the jury
  3280. 2:18:40the media and the world that it would
  3281. 2:18:42have been impossible for an intruder to
  3282. 2:18:44have perpetrated this crime and not
  3283. 2:18:47leave behind any forensic evidence
  3284. 2:18:49whatsoever and and after the
  3285. 2:18:51presentation of the state's evidence it
  3286. 2:18:53would have been difficult for anyone to
  3287. 2:18:55surmise anything else but I needed to
  3288. 2:18:58know was it possible for an intruder to
  3289. 2:19:00have committed this crime and have left
  3290. 2:19:03no forensic evidence behind the answer
  3291. 2:19:06just might surprise you on March 2nd
  3292. 2:19:092008 a horrific crime was committed
  3293. 2:19:12ending the lives of six innocent people
  3294. 2:19:15in Memphis Tennessee thankfully one of
  3295. 2:19:18the children who was present during the
  3296. 2:19:20brutal attack survived but in the days
  3297. 2:19:22following the attack law enforcement
  3298. 2:19:25were completely baffled by the crime
  3299. 2:19:27scene forensic analysts would cover the
  3300. 2:19:29entirety of the house where the crime
  3301. 2:19:31took place and eventually they came to
  3302. 2:19:34the realization that they were unable to
  3303. 2:19:36find any evidence DNA or otherwise that
  3304. 2:19:40established the identity of the
  3305. 2:19:42perpetrator
  3306. 2:19:43law enforcement was bewildered despite
  3307. 2:19:46the brutality and the viciousness of the
  3308. 2:19:48crime they had found no forensic
  3309. 2:19:51evidence thankfully the child who
  3310. 2:19:53survived would eventually recover and
  3311. 2:19:55was able to tell law enforcement exactly
  3312. 2:19:58who had committed the Unspeakable acts
  3313. 2:20:00and investigators were shocked by who he
  3314. 2:20:03named as the culprit it was a man the
  3315. 2:20:05boy had loved and respected his whole
  3316. 2:20:08life he named his Uncle Jesse Dotson but
  3317. 2:20:12what was more alarming to law
  3318. 2:20:14enforcement was that Dodson had been in
  3319. 2:20:16the home for many hours prior to the
  3320. 2:20:19vicious attack and yet somehow had not
  3321. 2:20:22left any forensic evidence that
  3322. 2:20:24definitively connected him to the crime
  3323. 2:20:26scene despite the lack of material
  3324. 2:20:28evidence against Dodson he would not
  3325. 2:20:30Escape Justice and eventually receive
  3326. 2:20:33six death sentences for his crimes one
  3327. 2:20:36for each of the lives he stole that
  3328. 2:20:38night but what surprised me the most
  3329. 2:20:40about this story may already be of
  3330. 2:20:43obvious to you now somehow a man who had
  3331. 2:20:46spent the whole day in that house who
  3332. 2:20:48then committed vile and horrendous acts
  3333. 2:20:51against his own family had managed to
  3334. 2:20:53not leave any forensic evidence in his
  3335. 2:20:56wake someone who knew nothing of law
  3336. 2:20:59enforcement procedures crime scene
  3337. 2:21:01analysis or even how to cover up a crime
  3338. 2:21:03was the same man who had been in that
  3339. 2:21:06house the entire day and somehow did not
  3340. 2:21:09leave a speck of forensic evidence
  3341. 2:21:12proving that he was there and this very
  3342. 2:21:15issue speaks to the ongoing problem that
  3343. 2:21:17we have discussed on this very channel
  3344. 2:21:20in the past the CSI effect where we
  3345. 2:21:23often wrongly believe that DNA or other
  3346. 2:21:26forensic evidence must be present if or
  3347. 2:21:29when a crime is committed and yet as we
  3348. 2:21:32now know that is often not the case so
  3349. 2:21:35the absence of forensic evidence is not
  3350. 2:21:38definitive proof of the absence of an
  3351. 2:21:40intruder because if it was Jesse Dotson
  3352. 2:21:44might still be free but I understood why
  3353. 2:21:47so many people myself included in the
  3354. 2:21:50beginning dismissed the idea of an
  3355. 2:21:52intruder because of the lack of forensic
  3356. 2:21:54evidence but the fact remains that a
  3357. 2:21:57crime involving an intruder breaking
  3358. 2:21:59into a home taking a weapon from inside
  3359. 2:22:02of the victim's property and using it to
  3360. 2:22:05commit unspeakable crimes that these
  3361. 2:22:07seemingly random crimes do happen and to
  3362. 2:22:10the families who have been devastated by
  3363. 2:22:12them they are not a work of fiction but
  3364. 2:22:15at this point of my investigation I knew
  3365. 2:22:18that I could not stop here I was more
  3366. 2:22:20than halfway up the mountain and I would
  3367. 2:22:23not be satisfied until I knew if there
  3368. 2:22:26was a truly insurmountable problem in
  3369. 2:22:28her defense but it was what I was about
  3370. 2:22:31to find within the pages of her trial
  3371. 2:22:34record that would definitively answer my
  3372. 2:22:36questions concerning the veracity of
  3373. 2:22:39darlie routier's conviction
  3374. 2:22:46you don't have to spend much time
  3375. 2:22:48studying darley's case before you are
  3376. 2:22:51confronted by the infamous bread knife
  3377. 2:22:53evidence evidence that has ostensibly
  3378. 2:22:55been described as the forensic
  3379. 2:22:58equivalent of a Smoking Gun but as usual
  3380. 2:23:01I needed to know that for myself so
  3381. 2:23:04again I read the trial transcripts and I
  3382. 2:23:07almost couldn't believe the words that I
  3383. 2:23:09was reading on the page in Prosecutor
  3384. 2:23:12Greg Davis's closing statements to the
  3385. 2:23:14jury he would summarize the forensic
  3386. 2:23:16evidence brought against Darley during
  3387. 2:23:19the expert testimony of Charles Lynch
  3388. 2:23:21concerning the bread knife the following
  3389. 2:23:24are the exact words of Prosecutor Greg
  3390. 2:23:27Davis and when Charles Lynch tested that
  3391. 2:23:31bread knife he looked at it under the
  3392. 2:23:33microscope and what did he find glass
  3393. 2:23:36rods the same type of rubber material
  3394. 2:23:38seen on the bread knife and the same
  3395. 2:23:40type of rubber debris with the glass
  3396. 2:23:43meshed in the same type of stuff that
  3397. 2:23:46happens when you cut the screen and it
  3398. 2:23:48adds up that bread knife was used to cut
  3399. 2:23:51that screen and that tells you that they
  3400. 2:23:54were trying to fake the crime scene now
  3401. 2:23:56I try to imagine how I would have felt
  3402. 2:23:59hearing those words from a prosecutor
  3403. 2:24:01who spoke with such conviction about the
  3404. 2:24:04testimony surrounding the bread knife I
  3405. 2:24:06imagine that the jurors were compelled
  3406. 2:24:08by this evidence because it seems
  3407. 2:24:10obvious that what Charles Lynch found is
  3408. 2:24:12beyond reproach and is indisputable so I
  3409. 2:24:16went back to Charles Lynch's testimony
  3410. 2:24:19reading the words from the transcript
  3411. 2:24:21and I just sat there in complete and
  3412. 2:24:24utter disgust because this is what
  3413. 2:24:27Charles Lynch actually said during his
  3414. 2:24:30testimony concerning the testing of the
  3415. 2:24:32bread knife question bottom line from
  3416. 2:24:36this comparison of the black rubbery
  3417. 2:24:38material and the glass rods on the
  3418. 2:24:41window screen and on this knife what
  3419. 2:24:43does that say to you as a traced
  3420. 2:24:45evidence analyst answer I couldn't tell
  3421. 2:24:49the difference between this debris and
  3422. 2:24:52the debris found on the knife and
  3423. 2:24:54therefore this knife could have been
  3424. 2:24:58used to cause the cut defect now you may
  3425. 2:25:01already notice the Stark difference
  3426. 2:25:03between expert Lynch's statement that
  3427. 2:25:05they'll cut window screen could have
  3428. 2:25:07been caused by the bread knife and
  3429. 2:25:09prosecutor Davis's closing statements
  3430. 2:25:11that said that the bread knife was used
  3431. 2:25:14to cut that screen these are two
  3432. 2:25:17entirely different statements with
  3433. 2:25:20completely different meanings and yet
  3434. 2:25:22somehow in every iteration of every
  3435. 2:25:24documentary ever created that claims
  3436. 2:25:27Darley is guilty guilty guilty I have
  3437. 2:25:30never once ever seen anyone make this
  3438. 2:25:33distinction
  3439. 2:25:34and surprise surprise there's more
  3440. 2:25:36because prior to conducting his tests
  3441. 2:25:38the bread knife was dusted using a
  3442. 2:25:40fiberglass brush composed of similar
  3443. 2:25:43material as the fiber found on the knife
  3444. 2:25:45and neither the state nor the defense
  3445. 2:25:48ever conducted definitive testing on the
  3446. 2:25:51fibers to determine their chemical or
  3447. 2:25:53structural composition that would have
  3448. 2:25:55conclusively determined if those fibers
  3449. 2:25:57were in fact from the window screen and
  3450. 2:26:00if I'm playing the role of the Devil's
  3451. 2:26:02Advocate then I couldn't help but notice
  3452. 2:26:04that the state's expert Charles Lynch
  3453. 2:26:06was relying on his eyesight to make an
  3454. 2:26:09absolute determination that was not
  3455. 2:26:11scientifically possible without
  3456. 2:26:13additional conclusive testing and the
  3457. 2:26:16claims that the fiberglass rods found on
  3458. 2:26:18the fingerprinting brush were not the
  3459. 2:26:20same size is not science and this is
  3460. 2:26:24because of the fact that fibers on
  3461. 2:26:26fingerprinting brushes often vary in
  3462. 2:26:28size throughout the entire brush but did
  3463. 2:26:31lynch offer any scientific analysis of
  3464. 2:26:34of the fibers or how about a report that
  3465. 2:26:37showed the exact size of the fibers and
  3466. 2:26:39compared them to each of the fibers in
  3467. 2:26:41the fingerprinting brush which again
  3468. 2:26:43vary in size a scientific analysis which
  3469. 2:26:46could have easily been completed in any
  3470. 2:26:49one of their several Labs well in fact
  3471. 2:26:52he did none of those things what he
  3472. 2:26:55offered on the stand is the literal
  3473. 2:26:57definition of a subjective opinion by
  3474. 2:26:59someone who has been hired by the state
  3475. 2:27:01to testify against their defendant
  3476. 2:27:04especially when you consider what I'm
  3477. 2:27:06about to tell you about his previous
  3478. 2:27:08experience and other problematic issues
  3479. 2:27:11arising from his other analysis of key
  3480. 2:27:15evidence prior to darley's trial
  3481. 2:27:17strap in because this is about to be a
  3482. 2:27:20wild ride at the time of darley's trial
  3483. 2:27:23Charles Lynch wasn't even a certified
  3484. 2:27:26fiber analysis expert in this specific
  3485. 2:27:28field of forensic science he had
  3486. 2:27:31previously exclusively worked as a
  3487. 2:27:34microscopic hair analyst that requires
  3488. 2:27:36different certification entirely in the
  3489. 2:27:40state star expert Charles Lynch hadn't
  3490. 2:27:43even taken the proficiency test expected
  3491. 2:27:45of an expert in hair and fiber analysis
  3492. 2:27:48which is the very minimum expectation of
  3493. 2:27:52a forensic expert in his field because
  3494. 2:27:55if we just think about his testimony
  3495. 2:27:57logically he has predicated his opinion
  3496. 2:28:00of the evidence entirely based on what
  3497. 2:28:03he sees and that's the thing about trace
  3498. 2:28:06evidence we now know after Decades of
  3499. 2:28:09wrongful expert testimony concerning
  3500. 2:28:11fingerprint evidence that it is not the
  3501. 2:28:13Pinnacle of forensic science that it was
  3502. 2:28:16always purported to be and I would think
  3503. 2:28:19that before we execute someone for a
  3504. 2:28:21crime that we collectively would want a
  3505. 2:28:24degree of scientific certainty that
  3506. 2:28:26doesn't rely on the eyesight of a man
  3507. 2:28:28Charles Lynch who was previously
  3508. 2:28:31involuntarily committed to a mental
  3509. 2:28:33institution for alcoholism and
  3510. 2:28:35depression in the Years leading up to
  3511. 2:28:38darley's trial an irrespective of your
  3512. 2:28:41belief of darley's guilt or innocence I
  3513. 2:28:43would hope that each of us would want
  3514. 2:28:45empirical testing that can definitively
  3515. 2:28:48prove the evidence that is sending
  3516. 2:28:50someone to death row why that is the
  3517. 2:28:53exception and not the rule is absolutely
  3518. 2:28:56Beyond me and again it still doesn't
  3519. 2:28:59even end there either because in August
  3520. 2:29:03of 1996 during darley's bond hearing
  3521. 2:29:05Charles Lynch would testify in court
  3522. 2:29:08that a hair microscopically similar to
  3523. 2:29:11Darley routieres was found in the same
  3524. 2:29:13windowsill that she had set an intruder
  3525. 2:29:15had entered at the time the this was
  3526. 2:29:18absolutely damning evidence evidence
  3527. 2:29:21that the state used to prevent Darley
  3528. 2:29:23from bonding out of jail evidence that
  3529. 2:29:26was going to be one of the pillars of
  3530. 2:29:28the prosecution's case against Darley
  3531. 2:29:30and I want to be very clear Charles
  3532. 2:29:33Lynch the state's expert had looked
  3533. 2:29:35under a microscope and told the court
  3534. 2:29:37that the state had evidence of her hair
  3535. 2:29:40similar to darlies found in the Windows
  3536. 2:29:43screen that implicated her in the crime
  3537. 2:29:46and his testimony kept her in jail but a
  3538. 2:29:50few short months later guess what the
  3539. 2:29:53state found out the DNA test results of
  3540. 2:29:56the hair that the state had already
  3541. 2:29:57confidently declared to the judge was
  3542. 2:29:59darlies came back and surprise surprise
  3543. 2:30:03it didn't belong to Darley at all it
  3544. 2:30:06belonged to a female Rowlett police
  3545. 2:30:09department officer who had contaminated
  3546. 2:30:11the crime scene with her own hair and
  3547. 2:30:15you already know what I'm gonna say
  3548. 2:30:16because it still does doesn't end there
  3549. 2:30:18because the expert testimony of Charles
  3550. 2:30:21Lynch also helped to convict and
  3551. 2:30:24incarcerate four people that we know of
  3552. 2:30:26who were later exonerated for crimes
  3553. 2:30:29that they did not commit convictions
  3554. 2:30:31that were predicated on the testimony of
  3555. 2:30:34the same man who was the star trace
  3556. 2:30:37evidence expert for the state at Darley
  3557. 2:30:39routier's trial now just try to imagine
  3558. 2:30:42what the jury would have thought had
  3559. 2:30:44they heard the whole and complete story
  3560. 2:30:46a story that the prosecutors
  3561. 2:30:48conveniently never bothered to tell them
  3562. 2:30:50and a similar problem existed with the
  3563. 2:30:53blood spatter evidence in darley's trial
  3564. 2:30:55evidence that was presented by expert
  3565. 2:30:58Tom Beville as irrefutable fact has
  3566. 2:31:00since been shown to be inconsistent with
  3567. 2:31:03the state's own theory of the crime in
  3568. 2:31:05fact in this video we can plainly see
  3569. 2:31:08Tom Beville demonstrating the state's
  3570. 2:31:10explanation for how the boy's blood
  3571. 2:31:12ended up on darley's shirt but do I even
  3572. 2:31:15need to explain how odd this is because
  3573. 2:31:18he's saying that the evidence found on
  3574. 2:31:21the back of darley's shirt was dropped
  3575. 2:31:23there during this motion but I noticed
  3576. 2:31:26in the trial record that prior to law
  3577. 2:31:28enforcement arriving Darley had rushed
  3578. 2:31:30over to help Darren with the boys Darren
  3579. 2:31:33explained during trial that Darley was
  3580. 2:31:34holding Damon's wounds closed as he
  3581. 2:31:37continued with CPR and air could be
  3582. 2:31:39heard coming out of his wounds so once
  3583. 2:31:42again it only takes a modicum of logical
  3584. 2:31:45thinking to see how CPR compressions
  3585. 2:31:47which are literally causing air to
  3586. 2:31:50rapidly leave the open wounds could have
  3587. 2:31:53easily resulted in the blood evidence
  3588. 2:31:55that ended up on darley's shirt and
  3589. 2:31:58after months of reading every imaginable
  3590. 2:32:00record I could find on her case I had
  3591. 2:32:02yet to come across any evidence that
  3592. 2:32:04convinced me that the state had
  3593. 2:32:06succeeded improving their case but at
  3594. 2:32:09this point I had made it so far up the
  3595. 2:32:12mountain and yet I was about to find
  3596. 2:32:14exactly what had convinced the jury and
  3597. 2:32:17what I found there was completely
  3598. 2:32:20heartbreaking
  3599. 2:32:24in the days after June 6 Darley would
  3600. 2:32:27eventually leave the hospital and begin
  3601. 2:32:29to prepare for Damon and Devin's funeral
  3602. 2:32:32by this point in time the Rowlett Police
  3603. 2:32:34Department a law enforcement agency that
  3604. 2:32:36had never previously dealt with the
  3605. 2:32:38homicide case of this magnitude had
  3606. 2:32:41begun to surveil the routers at every
  3607. 2:32:43possible opportunity while they were
  3608. 2:32:46already thoroughly convinced that Darley
  3609. 2:32:48was the culprit they still needed more
  3610. 2:32:50evidence to support their suspicions
  3611. 2:32:52normally when a law enforcement agency
  3612. 2:32:55is attempting to build a case against a
  3613. 2:32:57criminal defendant they petitioned the
  3614. 2:32:59presiding judge for the warrants they
  3615. 2:33:01need in order to obtain the evidence
  3616. 2:33:02needed to support their case and for the
  3617. 2:33:05most part judges will grant these
  3618. 2:33:07warrants with very few exceptions but it
  3619. 2:33:10would seem that darlie routier's case
  3620. 2:33:12was built on a foundation of exceptions
  3621. 2:33:15exceptions that even the roulette Police
  3622. 2:33:17Department would be forced to reckon
  3623. 2:33:19with normally wiretap warrants requested
  3624. 2:33:22within the framework of the law are
  3625. 2:33:24given to law enforcement at their
  3626. 2:33:26request and without many exclusions
  3627. 2:33:29there are however certain times Congress
  3628. 2:33:32stations and locations that are
  3629. 2:33:34considered sacrosanct even during a
  3630. 2:33:36criminal investigation involving capital
  3631. 2:33:38murder charges those exceptions
  3632. 2:33:40typically vary but for the most part
  3633. 2:33:42they include important places where the
  3634. 2:33:44privacy of the defendant is absolute but
  3635. 2:33:48it would seem that the Rowlett Police
  3636. 2:33:49Department would not be deterred by the
  3637. 2:33:52law the Constitution or the rules that
  3638. 2:33:54govern their ability to surveil Darley
  3639. 2:33:57Routier so lead homicide detective Jimmy
  3640. 2:33:59Patterson decided that he would
  3641. 2:34:01supersede the need for a judge's
  3642. 2:34:03permission to wiretap the routers and
  3643. 2:34:06chose instead to Simply break the law
  3644. 2:34:08detective Patterson would ask permission
  3645. 2:34:11of the cemetery owner to install a
  3646. 2:34:13recording device at the location where
  3647. 2:34:15the routers were about to hold the
  3648. 2:34:17funeral for their boys Damon and Devin
  3649. 2:34:19confident that he would catch Darley in
  3650. 2:34:21a stunning confession proving her guilt
  3651. 2:34:24and sealing up their case against the
  3652. 2:34:26unsuspecting mother but when the day of
  3653. 2:34:28the funeral arrived and the Rowlett
  3654. 2:34:30Police Department retrieved the
  3655. 2:34:32recording they realized that they had
  3656. 2:34:34less than nothing on that tape what they
  3657. 2:34:37had were the sobs of a grieving mother
  3658. 2:34:39and family saying goodbye to their
  3659. 2:34:42eldest boys far too soon so when it came
  3660. 2:34:45time for darley's trial for once the
  3661. 2:34:48defense wisely cross-examined detective
  3662. 2:34:50Patterson in an effort to ascertain why
  3663. 2:34:53he had crossed the line and so clearly
  3664. 2:34:55broken the law but it was his response
  3665. 2:34:58that left the jury the defense and the
  3666. 2:35:01media stunned he simply pled the fifth
  3667. 2:35:04and despite the unprecedented debacle by
  3668. 2:35:07law enforcement the judge summarily
  3669. 2:35:10denied the request for a mistrial now I
  3670. 2:35:13have tried to recall a moment in time
  3671. 2:35:14when I had encountered anything that
  3672. 2:35:17even comes close to this kind of
  3673. 2:35:18misconduct by a lead investigator in a
  3674. 2:35:21capital murder case in fact in the
  3675. 2:35:24combined history of all the cases I have
  3676. 2:35:27ever touched or worked on I have never
  3677. 2:35:29once heard of a lead investigator
  3678. 2:35:31pleading the fifth in connection to a
  3679. 2:35:34case that he or she investigated and the
  3680. 2:35:38claim that he pled the fifth so as not
  3681. 2:35:40to incriminate himself is often said as
  3682. 2:35:42though it somehow excuses his unlawful
  3683. 2:35:45Behavior law enforcement does not get to
  3684. 2:35:48break the law regardless of their intent
  3685. 2:35:51or whom it is aimed at the fact remains
  3686. 2:35:54that the actions of detective Patterson
  3687. 2:35:56were not simply unprecedented or
  3688. 2:35:59uncommon his actions represented a
  3689. 2:36:02department seemingly hell-bent on the
  3690. 2:36:04conviction of a defendant that they had
  3691. 2:36:06already deemed guilty and they were
  3692. 2:36:09willing to go to any lengths even
  3693. 2:36:11breaking the law to ensure her
  3694. 2:36:13conviction and it is my view that this
  3695. 2:36:16issue alone should have been weighed
  3696. 2:36:18more substantially by both darley's
  3697. 2:36:20trial judge and the Appellate Court but
  3698. 2:36:23the problem of an overzealous law
  3699. 2:36:25enforcement agency would not end there
  3700. 2:36:28in fact a bloody footprint was found in
  3701. 2:36:31the garage of the rootier home and James
  3702. 2:36:33cron would later state that he
  3703. 2:36:35identified the footprint belonging to
  3704. 2:36:37none other than a member of the Rowlett
  3705. 2:36:40Police Department so by this point we
  3706. 2:36:42now have a second time that we know of
  3707. 2:36:45where the Rowlett police department has
  3708. 2:36:47contaminated their own crime scene and
  3709. 2:36:50every time they present evidence to the
  3710. 2:36:52court that they insist is beyond
  3711. 2:36:54reproach they expect the jury the media
  3712. 2:36:57and everyone else to ignore their
  3713. 2:36:59mistakes and believe without question
  3714. 2:37:01that their mistakes begin and end there
  3715. 2:37:04but unfortunately the failures by law
  3716. 2:37:07enforcement and the state would not end
  3717. 2:37:09after a few bungled crime scene mishaps
  3718. 2:37:12in fact their mistakes persisted and
  3719. 2:37:14would culminate in one of the most
  3720. 2:37:16egregious and prejudicial examples of
  3721. 2:37:19prosecutorial misconduct that I have
  3722. 2:37:22seen in my career leading up to the
  3723. 2:37:24trial prosecutors would call the entire
  3724. 2:37:27medical staff who treated Darley people
  3725. 2:37:29who were still set to testify in her up
  3726. 2:37:31coming trial and they were asked to come
  3727. 2:37:34to a local hotel for a pre-trial meeting
  3728. 2:37:37upon arriving each of the medical staff
  3729. 2:37:40were then sat down in a conference room
  3730. 2:37:42as a group it was at this time that the
  3731. 2:37:45prosecutor showed each of the medical
  3732. 2:37:47personnel graphic crime scene photos
  3733. 2:37:49from the aftermath of June 6th the
  3734. 2:37:52photos included detailed and horrifying
  3735. 2:37:55pictures of each of the Routier boys
  3736. 2:37:57including detailed pictures from the
  3737. 2:37:59crime scene and to absolutely no one
  3738. 2:38:02surprised the medical staff left that
  3739. 2:38:05meeting and eventually each one would
  3740. 2:38:07testify in Virtual Unison at trial they
  3741. 2:38:11would all describe Darley to the jury as
  3742. 2:38:13uncaring detached even using the same
  3743. 2:38:16words to describe her words that they
  3744. 2:38:18had never used in their own medical
  3745. 2:38:20records notations at the time of her
  3746. 2:38:23hospitalization including routinely
  3747. 2:38:25referring to her as being whiny and this
  3748. 2:38:28was despite the fact that their own
  3749. 2:38:31handwritten medical notes stated that
  3750. 2:38:33Darley had been seen excessively crying
  3751. 2:38:36asking why someone would do this to her
  3752. 2:38:38boys including notes stating that she
  3753. 2:38:41was inconsolable but now all of a sudden
  3754. 2:38:44at trial the medical staff is testifying
  3755. 2:38:47that they hadn't seen Darley demonstrate
  3756. 2:38:49any signs of crying sadness or evidence
  3757. 2:38:52indicative of a mother grieving a tragic
  3758. 2:38:54loss you know it's almost like the
  3759. 2:38:57meeting that they had with prosecutors
  3760. 2:38:59drastically impacted and Prejudiced each
  3761. 2:39:02of them against a woman standing trial
  3762. 2:39:04for crimes that they had been shown in
  3763. 2:39:07graphic detail because the fact of the
  3764. 2:39:10matter is one of two things must be true
  3765. 2:39:12that they were either all lying in their
  3766. 2:39:15own medical records before they knew
  3767. 2:39:17anything about her alleged involvement
  3768. 2:39:19in the crime or they were all
  3769. 2:39:21exaggerating or committing outright
  3770. 2:39:23perjury during darley's trial
  3771. 2:39:26both cannot be true at the same time now
  3772. 2:39:30over the years people who have defended
  3773. 2:39:32the prosecutor's decision to meet with
  3774. 2:39:34the medical staff have claimed that
  3775. 2:39:36these pre-trial meetings are the norm
  3776. 2:39:38within the criminal justice system but I
  3777. 2:39:41contend that the norm can and clearly
  3778. 2:39:44does have a deleterious impact on the
  3779. 2:39:47mindset of anyone set to testify against
  3780. 2:39:49any defendant especially when you show
  3781. 2:39:53those people pictures of what that
  3782. 2:39:55defendant who still has the presumption
  3783. 2:39:57of innocence is accused of doing it is
  3784. 2:40:01human nature that when we see evidence
  3785. 2:40:03of a heinous crime to do whatever we can
  3786. 2:40:06to protect innocence so while I don't
  3787. 2:40:08necessarily blame the medical staff
  3788. 2:40:10whose testimony magically changed from
  3789. 2:40:13their own records at trial I do blame
  3790. 2:40:16the prosecutors for underhanded behavior
  3791. 2:40:18that flies in the face of a fair and
  3792. 2:40:21objective Judiciary that assumes that a
  3793. 2:40:24defendant is innocent until proven
  3794. 2:40:26guilty and just because something is the
  3795. 2:40:29norm does not make it right because the
  3796. 2:40:32fact of the matter is that numerous
  3797. 2:40:35people did testify to having seen Darley
  3798. 2:40:37devastated and distraught over the loss
  3799. 2:40:40of Damon and Devin including the medical
  3800. 2:40:43staff who treated her courtesy of their
  3801. 2:40:47own handwritten medical records but the
  3802. 2:40:50Prejudice that stemmed from the improper
  3803. 2:40:52use of evidence was only the beginning
  3804. 2:40:54because the prosecution was about to
  3805. 2:40:57show the jury the Ace of their sleeve
  3806. 2:40:59that would guarantee that they would
  3807. 2:41:01convict darlie Lynn Routier Beyond any
  3808. 2:41:04reasonable doubt
  3809. 2:41:08Prosecutor Greg Davis knew from the
  3810. 2:41:11moment he stepped through the courtroom
  3811. 2:41:13doors exactly who he needed to convince
  3812. 2:41:16of the state's case it wasn't the media
  3813. 2:41:19it wasn't the judge or even the Routier
  3814. 2:41:22family he knew that he had a 12 panel
  3815. 2:41:25jury comprised of some of the most
  3816. 2:41:27socially and politically conservative
  3817. 2:41:29people in the country he knew that he
  3818. 2:41:32was in a county that regularly boasted
  3819. 2:41:35their 95 percent conviction rate
  3820. 2:41:37comprised of people who took their faith
  3821. 2:41:40very seriously it was precisely why he
  3822. 2:41:43didn't hesitate to quote the Bible and
  3823. 2:41:46speak of Darley as the literal
  3824. 2:41:48incarnation of evil because he knew that
  3825. 2:41:51he wouldn't need to convince an
  3826. 2:41:52appellate court to ignore his
  3827. 2:41:54prosecutorial misconduct he already knew
  3828. 2:41:57they would because it's a well-known
  3829. 2:42:00unspoken rule that the courts in that
  3830. 2:42:02region of the United States regularly
  3831. 2:42:05uphold the convictions of defendants
  3832. 2:42:07regardless of the mayor it's or
  3833. 2:42:09wrongdoing that created them and it's
  3834. 2:42:12precisely the reason why the United
  3835. 2:42:14States of America is number one in a
  3836. 2:42:17category that no one else comes even
  3837. 2:42:20close in comparison the statistical fact
  3838. 2:42:23that we have the highest incarceration
  3839. 2:42:26rate in the entire world prosecutor
  3840. 2:42:29Davis was only ever interested in a
  3841. 2:42:32campaign designed to enrage the jury to
  3842. 2:42:35prey on their predilections and to
  3843. 2:42:37achieve something even more important
  3844. 2:42:39than all of the forensic evidence
  3845. 2:42:41combined more than anything he wanted
  3846. 2:42:44the hearts and minds of the jury and the
  3847. 2:42:47evidence that he succeeded in that
  3848. 2:42:49effort can still be found in the words
  3849. 2:42:51of the jurors from darli routier's trial
  3850. 2:42:54to this very day five years ago juror
  3851. 2:42:58number eight Kerry Paris participated in
  3852. 2:43:01a documentary about darley's Trial
  3853. 2:43:03created by ABC called the last defense
  3854. 2:43:06in it she said something truly
  3855. 2:43:09remarkable about her experience as a
  3856. 2:43:12juror in darley's trial she said and I
  3857. 2:43:15quote I just knew that she was young and
  3858. 2:43:18that she killed her boys
  3859. 2:43:20what a remarkably honest thing to say
  3860. 2:43:23and such an insightful look into the
  3861. 2:43:25travesty that is the justice system for
  3862. 2:43:28far too many people because from the
  3863. 2:43:31very moment she sat in that seat as a
  3864. 2:43:34juror she already assumed that Darley
  3865. 2:43:36had committed the crime
  3866. 2:43:38she didn't say I just knew that she was
  3867. 2:43:40young and that she was accused of
  3868. 2:43:42killing her boys her statement seemed to
  3869. 2:43:45be a declaration of what she already
  3870. 2:43:47believed about Darley but I'll relent
  3871. 2:43:50that maybe it's possible that my
  3872. 2:43:52assessment is in overly analytical
  3873. 2:43:55argument over semantics
  3874. 2:43:57but then again maybe not listen to what
  3875. 2:44:00juror Carrie Paris said when she was
  3876. 2:44:02asked about the testimony of friends and
  3877. 2:44:05family of Darley who told the court
  3878. 2:44:07about darley's love and affection for
  3879. 2:44:09her boys quote I don't think she was as
  3880. 2:44:12doting as people said she was I don't
  3881. 2:44:15she's not so much doting on her kids as
  3882. 2:44:18she is doting on herself who goes out
  3883. 2:44:21and spends two thousand dollars on a set
  3884. 2:44:23of breasts that was one of the things
  3885. 2:44:26that really caught our attention
  3886. 2:44:28pictures that we saw the clothes she was
  3887. 2:44:31wearing very flashy expensive clothes
  3888. 2:44:34jewelry I don't buy any of that stuff
  3889. 2:44:36but she bought a lot of that stuff end
  3890. 2:44:39quote now you may be tempted to think
  3891. 2:44:42well that was just one of the jurors
  3892. 2:44:44they certainly didn't all have such
  3893. 2:44:46wildly judgmental and subjective things
  3894. 2:44:48to say about darley's character that had
  3895. 2:44:51nothing whatsoever to do with the crime
  3896. 2:44:52that she was accused of well let's see
  3897. 2:44:55Rina way was also a juror during
  3898. 2:44:58darley's trial and during the same Lisa
  3899. 2:45:01Gibbons episode that I previously
  3900. 2:45:03mentioned she would say the following
  3901. 2:45:05about Darley during the taping of the
  3902. 2:45:07show I believe that Devin kicked the
  3903. 2:45:09crap out of her
  3904. 2:45:11[Applause]
  3905. 2:45:16the only way that he's going to get a
  3906. 2:45:18wound on his butt if he is being stabbed
  3907. 2:45:20in the chest is if he has his feet up
  3908. 2:45:22and he is kicking
  3909. 2:45:25since the trial we've learned that
  3910. 2:45:27jurors paid special attention to One
  3911. 2:45:30Singular thing something that was so
  3912. 2:45:32convincing that it could easily be
  3913. 2:45:34argued was the actual Smoking Gun in the
  3914. 2:45:37state's case against Darley and now we
  3915. 2:45:40have finally arrived at the most
  3916. 2:45:42important moment of the state's entire
  3917. 2:45:45case against darlie Routier evidence so
  3918. 2:45:48moving and Powerful that Jared Charles
  3919. 2:45:51Samford has since stated in a sign
  3920. 2:45:53affidavit that it was precisely because
  3921. 2:45:55of the fact that the prosecution showed
  3922. 2:45:58this evidence so many times during the
  3923. 2:46:00trial that it was the main reason that
  3924. 2:46:03he voted to convict Darley but yours
  3925. 2:46:06Samford would also say in his affidavit
  3926. 2:46:08that if he had seen the complete funeral
  3927. 2:46:11footage from that day that he would have
  3928. 2:46:13not voted to convict her so it wasn't
  3929. 2:46:16the forensic evidence or the
  3930. 2:46:18circumstantial evidence or a bread knife
  3931. 2:46:21or Rags or a sock or changing stories
  3932. 2:46:24about the crime or even the testimony by
  3933. 2:46:27people claiming Darley was a bad mother
  3934. 2:46:29or anything else brought by the state
  3935. 2:46:31during her trial that convinced the jury
  3936. 2:46:34but it was this VHS tape evidence that
  3937. 2:46:37they would watch seven different times
  3938. 2:46:39during their four-hour jury deliberation
  3939. 2:46:42that would ultimately convince them to
  3940. 2:46:45convict darlie Lynn Routier Beyond any
  3941. 2:46:48reasonable doubt
  3942. 2:46:54I still remember the moment like it was
  3943. 2:46:57yesterday when I got the call that my
  3944. 2:46:59grandfather had died he wasn't like a
  3945. 2:47:02father to me
  3946. 2:47:04he was a father to me and when the
  3947. 2:47:07cancer finally took him
  3948. 2:47:09it broke me I knew that he wasn't gonna
  3949. 2:47:11live forever but a childlike part of me
  3950. 2:47:14wished he had because from the day I was
  3951. 2:47:17born he was there he had always been
  3952. 2:47:20there for me from my early adolescence
  3953. 2:47:22every summer I would go and stay with
  3954. 2:47:25him at his house every day was an
  3955. 2:47:27adventure filled with stories and
  3956. 2:47:30laughter for hours into the night
  3957. 2:47:32spending days getting lost in the
  3958. 2:47:34Arroyos spending nights learning from
  3959. 2:47:36him what it meant to be a man so when
  3960. 2:47:40the day came to have his funeral I
  3961. 2:47:42remember just how much my heart hurt
  3962. 2:47:45standing outside of that church I
  3963. 2:47:48couldn't muster the courage to go inside
  3964. 2:47:50mainly because I had lost all control
  3965. 2:47:52over the grief I don't ever recall
  3966. 2:47:55crying like that in my entire life
  3967. 2:47:58but later that day when we got together
  3968. 2:48:01as a family despite our hurt we
  3969. 2:48:04celebrated because we knew that was what
  3970. 2:48:07he would have wanted that was the way we
  3971. 2:48:10chose to honor him not because of his
  3972. 2:48:13death but because of his life and if
  3973. 2:48:17there had been news crews and cameras
  3974. 2:48:19recording that moment and you had seen
  3975. 2:48:21it for yourself it may not have made any
  3976. 2:48:24sense to you a family grieving the loss
  3977. 2:48:27of someone we loved more than life
  3978. 2:48:29itself and yet we were dancing laughing
  3979. 2:48:32remembering the life that he lived in
  3980. 2:48:35the profound impact of that life on each
  3981. 2:48:38of us to many people it may have seemed
  3982. 2:48:41disrespectful or even inappropriate and
  3983. 2:48:44to any who would have thought that all I
  3984. 2:48:47would say is this
  3985. 2:48:48you didn't know him the way I did
  3986. 2:48:50because you would not have been able to
  3987. 2:48:53see with your eyes the heaviness of my
  3988. 2:48:55heart in that moment but if it were
  3989. 2:48:58possible for you to have felt the weight
  3990. 2:49:00of that loss then there would have been
  3991. 2:49:02no doubt the whole his absence left
  3992. 2:49:05behind and how much I will always miss
  3993. 2:49:08and love that man and the truth is I
  3994. 2:49:11don't need to defend darlie Routier and
  3995. 2:49:14I don't need to come up with
  3996. 2:49:15explanations for how she chose to grieve
  3997. 2:49:18because they very well may not be the
  3998. 2:49:21things that you or I would do but for me
  3999. 2:49:24judging her guilt or innocence and
  4000. 2:49:27sending her to death row based on how
  4001. 2:49:30well she grieved that is beyond the pale
  4002. 2:49:32a few months before I was born my
  4003. 2:49:35grandmother died from complications
  4004. 2:49:37arising from her lifelong battle with
  4005. 2:49:40COPD asthma she would leave us at just
  4006. 2:49:4345 years old as a teenager I had never
  4007. 2:49:47seen my grandfather cry the same Man Who
  4008. 2:49:50Loved To Dance who always had a smile
  4009. 2:49:53and Who Loved fiercely had experienced a
  4010. 2:49:57life-altering tragedy that he hid behind
  4011. 2:50:00a wall of strength growing up he rarely
  4012. 2:50:03spoke of her he never seemed to show any
  4013. 2:50:05significant outward appearance of his
  4014. 2:50:08grief but I always knew that he missed
  4015. 2:50:10her dearly years later when I became an
  4016. 2:50:13adult there was a time when I brought my
  4017. 2:50:15guitar to his house I had always heard
  4018. 2:50:18that he was a prolific guitarist so I
  4019. 2:50:20asked him to play he looked at me and
  4020. 2:50:24doing his best to compose himself he
  4021. 2:50:27explained that on the day that my
  4022. 2:50:28grandmother passed he put down his
  4023. 2:50:31guitar car an instrument that he had
  4024. 2:50:33always used to sing to her something
  4025. 2:50:35that was a part of their love story and
  4026. 2:50:38that very day
  4027. 2:50:40he chose to never play again that was
  4028. 2:50:43the day I saw my grandfather cry a day
  4029. 2:50:46that I learned a very important lesson
  4030. 2:50:49about loss I learned to never assume
  4031. 2:50:53that you know someone's pain based on
  4032. 2:50:55their expressions alone because
  4033. 2:50:57sometimes the person smiling and
  4034. 2:51:00carrying on is the same person who is
  4035. 2:51:02caring for their remaining loved ones by
  4036. 2:51:05staying strong
  4037. 2:51:07because the reality is that they are
  4038. 2:51:10actually carrying the weight of the
  4039. 2:51:11world on their shoulders and they are
  4040. 2:51:14doing everything in their power to hide
  4041. 2:51:16it
  4042. 2:51:22when I had finally reached the end of my
  4043. 2:51:25journey I looked back down the mountain
  4044. 2:51:27seeing the months of reading scouring
  4045. 2:51:31court records and combing through every
  4046. 2:51:33imaginable detail I could find on
  4047. 2:51:35darley's case but before I could Summit
  4048. 2:51:38the final few steps of this seemingly
  4049. 2:51:41impossible climb I had to be certain
  4050. 2:51:43that I could make it the rest of the way
  4051. 2:51:45so I began my final Ascent taking my
  4052. 2:51:49first step I found within the record
  4053. 2:51:51statements from family members who
  4054. 2:51:54discussed darley's condition in the days
  4055. 2:51:56after she came home from the hospital
  4056. 2:51:58they explained how she had refused to go
  4057. 2:52:01anywhere by herself that she was
  4058. 2:52:04absolutely terrified of being alone of
  4059. 2:52:07being attacked again she even asked
  4060. 2:52:10family members to follow her to every
  4061. 2:52:13room of the house because of how
  4062. 2:52:15gripping that fear had become another
  4063. 2:52:18step as the summit becomes more clear I
  4064. 2:52:21listened to all of the character
  4065. 2:52:22characterizations of darley's breast
  4066. 2:52:24implants over and over again the
  4067. 2:52:27countless times that she was accused of
  4068. 2:52:29being vain materialistic and
  4069. 2:52:32money-hungry something that today would
  4070. 2:52:34be dismissed as ignorant hate speech but
  4071. 2:52:38I persisted listening to the claims of a
  4072. 2:52:40motive that did not fit the evidence and
  4073. 2:52:43attacks on her character that had
  4074. 2:52:45nothing legally to do with the charges
  4075. 2:52:47against her I listened as the prosecutor
  4076. 2:52:51attacked her as a failed abusive and
  4077. 2:52:53degenerate mother who did not love her
  4078. 2:52:55children then watching Darley in
  4079. 2:52:58countless Home Videos loving on her boys
  4080. 2:53:01and in interviews after her
  4081. 2:53:03incarceration taking every chance she
  4082. 2:53:06had to send messages to her only
  4083. 2:53:08remaining child Drake completely
  4084. 2:53:11unfocused on herself but on the needs of
  4085. 2:53:14a child who grew up without his mom
  4086. 2:53:17seemingly desperate to remind him that
  4087. 2:53:19even though she couldn't be there for
  4088. 2:53:21him that she loves him seemingly more
  4089. 2:53:24than life itself and then I tried to
  4090. 2:53:27imagine what it would have been like if
  4091. 2:53:29my own mother had been judged so harshly
  4092. 2:53:32at her worst moments another step and
  4093. 2:53:35I'm nearly there now I read the
  4094. 2:53:37innumerable times Darley was mocked by
  4095. 2:53:40prosecutors by the media and even
  4096. 2:53:43YouTube content creators people calling
  4097. 2:53:46her a dangerous and deranged psychopath
  4098. 2:53:49without so much as a qualified
  4099. 2:53:50assessment from any of her treating
  4100. 2:53:53Mental Health Providers agreeing with
  4101. 2:53:55that characterization whatsoever
  4102. 2:53:57observing as these same people laugh and
  4103. 2:54:01mock her as she sings to her son a son
  4104. 2:54:04that she was forced to watch suffer with
  4105. 2:54:07leukemia after he was diagnosed at the
  4106. 2:54:10age of 17 unable to comfort him or touch
  4107. 2:54:14him through the thick glass desperate to
  4108. 2:54:16soothe her child as he fought for his
  4109. 2:54:18life during chemotherapy trying to
  4110. 2:54:21comprehend how I would feel if any one
  4111. 2:54:24of my daughters or my fiance was
  4112. 2:54:26scrutinized that same way where somehow
  4113. 2:54:29it's appropriate and even acceptable to
  4114. 2:54:32discuss a woman's weight her body her
  4115. 2:54:35clothing or how she chooses to live her
  4116. 2:54:38life I could see that the Summit is feet
  4117. 2:54:41away now and I look out into a world
  4118. 2:54:43that so many women have been forced to
  4119. 2:54:46live in where they are often not
  4120. 2:54:48believed assumed to be lying presumed
  4121. 2:54:51that if they wear certain clothes or act
  4122. 2:54:54a certain way or worst of all if they
  4123. 2:54:57are not religious and don't attend
  4124. 2:54:59church regularly then whatever happened
  4125. 2:55:01to them is somehow their fault where if
  4126. 2:55:05they don't emulate the expectations of
  4127. 2:55:07their conservative community and
  4128. 2:55:09demonstrate the life of a good and
  4129. 2:55:11virtuous Christian woman then guilt is
  4130. 2:55:14virtually assumed I see a world my loved
  4131. 2:55:18ones live in where women are routinely
  4132. 2:55:20fearful of going out by themselves
  4133. 2:55:22ourselves where men decide what they can
  4134. 2:55:24or cannot do with their own bodies where
  4135. 2:55:28they are afraid of being attacked or
  4136. 2:55:30assaulted and then blamed by the world
  4137. 2:55:32for bringing it on themselves and shamed
  4138. 2:55:35for the crimes committed against them
  4139. 2:55:37and by the time I stepped onto the
  4140. 2:55:40summit I remembered hearing about when
  4141. 2:55:42the state took Drake away from his
  4142. 2:55:45family when CPS went to the home of
  4143. 2:55:48Darley and Darren Routier and took Drake
  4144. 2:55:51from Darren and not because he had
  4145. 2:55:53failed at his duties as a father or
  4146. 2:55:55because of allegations of wrongdoing by
  4147. 2:55:57either parent but because Darren had the
  4148. 2:56:00audacity to continue to support his wife
  4149. 2:56:03Darley and as a consequence of that
  4150. 2:56:07support CPS took darley's child from her
  4151. 2:56:10from Darren and told him to his face
  4152. 2:56:13that a man that could still support
  4153. 2:56:15Darley was not fit to be a parent it was
  4154. 2:56:19so clear that the justice system had
  4155. 2:56:21made up their mind from the beginning
  4156. 2:56:24forming a vendetta against the routers
  4157. 2:56:26and that you would have to ignore the
  4158. 2:56:29literal mountain of evidence that I was
  4159. 2:56:31now standing on in order to not see that
  4160. 2:56:34that's so much of the reason why people
  4161. 2:56:37believe her to be guilty is because the
  4162. 2:56:40state never bothered to look anywhere
  4163. 2:56:42else and the cold harsh reality is that
  4164. 2:56:46law enforcement the prosecutors and
  4165. 2:56:48ultimately the jury did not convict
  4166. 2:56:51Darley based on empirical scientific
  4167. 2:56:54evidence but by the jury's own admission
  4168. 2:56:57chose to send her to death row because
  4169. 2:57:00of a video that in their four hour
  4170. 2:57:02deliberation they would watch and
  4171. 2:57:05re-watch seven times over a jury who
  4172. 2:57:09chose to cast judgment on Darley for her
  4173. 2:57:12perceived failure to appropriately
  4174. 2:57:14grieve the loss of her sons a jury that
  4175. 2:57:18was never shown the rest of that day at
  4176. 2:57:20the funeral site where Charlie had spent
  4177. 2:57:23the preceding hours at the boys
  4178. 2:57:25gravesite shattered broken and sobbing
  4179. 2:57:29standing there on top of the mountain
  4180. 2:57:31that became darley's trial and
  4181. 2:57:33conviction I remembered how I felt in
  4182. 2:57:36the beginning because I truly never
  4183. 2:57:38thought I would be able to reach the top
  4184. 2:57:41and find my own answers to the questions
  4185. 2:57:44that darley's jury had answered so
  4186. 2:57:47quickly a case that took me months to
  4187. 2:57:50read and fully understand was somehow
  4188. 2:57:52decided in a handful of hours by a jury
  4189. 2:57:55who had not been told the whole truth I
  4190. 2:57:58stood there realizing that I had found
  4191. 2:58:00answers that I never intended on finding
  4192. 2:58:03answers that weren't based on unprovable
  4193. 2:58:06conjecture or obscure conspiracy
  4194. 2:58:09theories but just the available facts
  4195. 2:58:12facts that told me everything I needed
  4196. 2:58:15to know but more importantly than what I
  4197. 2:58:18found was the realization that it wasn't
  4198. 2:58:20time for me to answer those two
  4199. 2:58:23questions
  4200. 2:58:24it was time for you to answer them
  4201. 2:58:27several months ago I asked our community
  4202. 2:58:29which case they wanted me to investigate
  4203. 2:58:31next the resounding answer was the case
  4204. 2:58:35and trial of darlie Routier but I could
  4205. 2:58:38not have imagined where my investigation
  4206. 2:58:40would eventually lead a journey that
  4207. 2:58:43began with such certainty and
  4208. 2:58:45determination would take an unexpected
  4209. 2:58:48turn that would call into question my
  4210. 2:58:50most fundamental beliefs of the entirety
  4211. 2:58:53of the Criminal Justice System but while
  4212. 2:58:56I may have narrated my own journey
  4213. 2:58:58through this case the story is
  4214. 2:59:00incomplete without you so I would like
  4215. 2:59:03to ask you to answer those questions we
  4216. 2:59:06started with from the very beginning to
  4217. 2:59:09write in the comments section your
  4218. 2:59:11answers and as a juror cast your vote
  4219. 2:59:14for the following questions we began
  4220. 2:59:17with one do you find that darlie Lynn
  4221. 2:59:21Routier is guilty Beyond any reasonable
  4222. 2:59:24doubt and two does Charlie Routier
  4223. 2:59:28deserved the death penalty now I
  4224. 2:59:31realized that it would be very easy to
  4225. 2:59:33see this exercise as a fruitless
  4226. 2:59:35Endeavor without any real world impact
  4227. 2:59:38but I assure you it's not because one
  4228. 2:59:42day months or even years from now you
  4229. 2:59:45may be called upon as a juror to be one
  4230. 2:59:48of those 12 people who are given the
  4231. 2:59:50awesome responsibility of deciding
  4232. 2:59:53whether or not someone lives or dies and
  4233. 2:59:57my hope is that when that time comes and
  4234. 3:00:00it's you that has to make that choice
  4235. 3:00:02that you will remember this moment and
  4236. 3:00:05that most of all you will have the
  4237. 3:00:07courage to follow your convictions and
  4238. 3:00:10to allow the truth to guide you
  4239. 3:00:18I want to take a moment to thank those
  4240. 3:00:21of you who have taken the time to listen
  4241. 3:00:23to this entire episode and for affording
  4242. 3:00:26me such an incredible amount of your
  4243. 3:00:28time and for the patients as I worked
  4244. 3:00:31over the last several months to put this
  4245. 3:00:33together I know that going through this
  4246. 3:00:35case has not been easy and it isn't the
  4247. 3:00:39jovial and lighthearted Journey that we
  4248. 3:00:41are often accustomed to taking together
  4249. 3:00:43some of you may be surprised to learn
  4250. 3:00:45that it was not my intent to try and
  4251. 3:00:48convince you of darley's Innocence today
  4252. 3:00:50but if I'm being honest more than
  4253. 3:00:52anything my goal was to passionately
  4254. 3:00:55advocate for all of the victims of this
  4255. 3:00:58case by now it's likely already obvious
  4256. 3:01:01but I will always advocate for Equity
  4257. 3:01:04within our justice system regardless of
  4258. 3:01:07the case or how that defendant is
  4259. 3:01:09perceived because from the very moment I
  4260. 3:01:12realized that darley's case meant all of
  4261. 3:01:15the criteria of someone who at the very
  4262. 3:01:18least deserved a re-trial I also
  4263. 3:01:20realized that my view of her case would
  4264. 3:01:23likely be wildly unpopular with a large
  4265. 3:01:25demographic of people who will always
  4266. 3:01:28believe that Darley is guilty no matter
  4267. 3:01:30what they are shown to disprove it I
  4268. 3:01:34realize that this video would likely
  4269. 3:01:36mean that I would be on the receiving
  4270. 3:01:38end of angry people who are not
  4271. 3:01:40interested in the legal ethical and
  4272. 3:01:43evidence eventually reasons that support
  4273. 3:01:45my view but I don't create these videos
  4274. 3:01:48for likes or followers or because I want
  4275. 3:01:51to be the next popular True Crime
  4276. 3:01:54Creator the reality is that it would
  4277. 3:01:56have been far easier for me to Simply
  4278. 3:01:58say that she was guilty just like a
  4279. 3:02:01majority of people have to this point to
  4280. 3:02:03Simply ignore everything I saw in the
  4281. 3:02:05trial record and simply go with the flow
  4282. 3:02:08it would have been much simpler for me
  4283. 3:02:10to come down on Darley to be one of the
  4284. 3:02:13many people along the way who claim that
  4285. 3:02:16her perceived failures and everything
  4286. 3:02:18presented at trial was sufficient
  4287. 3:02:20evidence to establish guilt Beyond any
  4288. 3:02:23reasonable doubt and then send her off
  4289. 3:02:25to death row without another thought but
  4290. 3:02:28I simply could not do that not knowing
  4291. 3:02:31what I now know even if it meant losing
  4292. 3:02:34followers or the good graces of this
  4293. 3:02:37community because that would require me
  4294. 3:02:39to ignore the blatant misconduct the
  4295. 3:02:42legal and ethical wrongdo doing the
  4296. 3:02:44mountain of contrary evidence to the
  4297. 3:02:46state's case and the fundamental
  4298. 3:02:49violations of the rules that govern the
  4299. 3:02:51entirety of our judicial system and for
  4300. 3:02:54me no amount of internet clout is worth
  4301. 3:02:57my integrity
  4302. 3:02:58truthfully and I mean this I don't think
  4303. 3:03:02I'm special but I do think that this is
  4304. 3:03:05long overdue and if we have any hope of
  4305. 3:03:08giving our children a better world than
  4306. 3:03:11the one we found we cannot allow or
  4307. 3:03:14continue to ignore an injustice of this
  4308. 3:03:17magnitude for me the bottom line is very
  4309. 3:03:21simple because it doesn't matter who the
  4310. 3:03:24person is if we are not willing to
  4311. 3:03:26fairly evaluate both sides of a criminal
  4312. 3:03:29action honestly sincerely and with
  4313. 3:03:32veracity then we will continue to
  4314. 3:03:35witness headlines of posthumously
  4315. 3:03:37exonerated death row inmates for decades
  4316. 3:03:40to come a Crimson Stain that I believe
  4317. 3:03:43we will never wash away no matter how
  4318. 3:03:46much time passes over it at the onset of
  4319. 3:03:50my analysis I understood why so many
  4320. 3:03:52people believe Darley is guilty and
  4321. 3:03:55deserves the punishment that was levied
  4322. 3:03:57against her but now having read every
  4323. 3:04:00page of every document that came from
  4324. 3:04:02her trial her appeals and then listening
  4325. 3:04:05to every iteration from every story that
  4326. 3:04:08has covered her case podcasts included a
  4327. 3:04:12question kept creeping up in the back of
  4328. 3:04:14my mind even when I was still convinced
  4329. 3:04:17that she was responsible and by the time
  4330. 3:04:20I finished studying the totality of her
  4331. 3:04:23case that question was the only thing
  4332. 3:04:25that remained because no matter how many
  4333. 3:04:28times I've listened to or watched media
  4334. 3:04:31that has discussed her case far too few
  4335. 3:04:34people have ever considered the weight
  4336. 3:04:36of this question in fact I can guarantee
  4337. 3:04:40you that despite everything I just
  4338. 3:04:42shared with you there will still be
  4339. 3:04:44countless people who will completely
  4340. 3:04:46disregard all of it because one of the
  4341. 3:04:50most difficult parts of our Humanity to
  4342. 3:04:52overcome is when we are faced with
  4343. 3:04:55evidence that challenges fundamental
  4344. 3:04:57beliefs that we have held from many
  4345. 3:04:59years when we are told that something we
  4346. 3:05:02believe
  4347. 3:05:03may be wrong but when you look out into
  4348. 3:05:07the world around us and see the current
  4349. 3:05:09state of our justice system an
  4350. 3:05:12institution That was supposed to be
  4351. 3:05:13built on a foundation of Presumed
  4352. 3:05:16innocence it calls out to us to right
  4353. 3:05:18the wrongs of the past and to be willing
  4354. 3:05:21to ask these questions a question that
  4355. 3:05:25for me was the last and final piece of
  4356. 3:05:28the puzzle that I found buried
  4357. 3:05:31underneath the weight of darley's
  4358. 3:05:33conviction a question that I believe we
  4359. 3:05:37cannot afford not to ask so I'll go
  4360. 3:05:41ahead and ask the question what if for
  4361. 3:05:44the last 27 years darlie Lynn Routier
  4362. 3:05:49has been telling the truth this whole
  4363. 3:05:52time and what if she did not commit this
  4364. 3:05:57crime
  4365. 3:06:04because if we really allow ourselves to
  4366. 3:06:07ask that question taking into
  4367. 3:06:10consideration everything we just learned
  4368. 3:06:12the weight and pain of the answer it's
  4369. 3:06:17unfathomable because it would mean that
  4370. 3:06:20every single time that people have
  4371. 3:06:22labeled her a monster a liar a sociopath
  4372. 3:06:26a family killer it would mean that every
  4373. 3:06:30single one of those people were wrong
  4374. 3:06:32and that she has spent the last 27 years
  4375. 3:06:36of her life on death row for a crime
  4376. 3:06:39that someone else perpetrated against
  4377. 3:06:42her and her children and I categorically
  4378. 3:06:46refuse to be one of the many people who
  4379. 3:06:49have cast stones at a woman who
  4380. 3:06:51continues to maintain her innocence
  4381. 3:06:54knowing what I now know and I believe
  4382. 3:06:57that question is one that Liddell Lee
  4383. 3:07:00wished prosecutors appellate judges and
  4384. 3:07:03the jurors who sentenced him to death
  4385. 3:07:06row had asked sincerely before they
  4386. 3:07:09signed off on his death warrant but the
  4387. 3:07:12truth is no matter how you answer that
  4388. 3:07:15question the fact Still Remains that the
  4389. 3:07:19accused convicted and sentenced to death
  4390. 3:07:22row prisoner number
  4391. 3:07:25999-220 Darley Lynn Routier she is an
  4392. 3:07:30inmate but she is also a friend a mother
  4393. 3:07:34and a woman whose story that I believe
  4394. 3:07:38and she is quickly running out of time
  4395. 3:07:56[Music]
  4396. 3:08:14[Music]
  4397. 3:08:18foreign
  4398. 3:08:24[Music]
  4399. 3:09:00it's almost hard to believe that
  4400. 3:09:02creating this video took as much time as
  4401. 3:09:05it did but for me getting to this point
  4402. 3:09:09was worth every minute of every hour
  4403. 3:09:12that it took but even still I want to
  4404. 3:09:15thank each of you for taking the time to
  4405. 3:09:18allow me to share that Journey with you
  4406. 3:09:20today
  4407. 3:09:21now I understand that some of you will
  4408. 3:09:23passionately disagree with me and that's
  4409. 3:09:26okay we can disagree but I do want to
  4410. 3:09:29say one last thing concerning this case
  4411. 3:09:32my belief in darling routier's innocence
  4412. 3:09:35is absolute especially now that I have
  4413. 3:09:39seen the trial records for myself
  4414. 3:09:42please understand that I encourage every
  4415. 3:09:45person to review the case and make their
  4416. 3:09:47own determination but my perspective is
  4417. 3:09:50my own and I will continue to advocate
  4418. 3:09:53for Devin Damon and Darley for as long
  4419. 3:09:57as I have breath but I do want to thank
  4420. 3:09:59each of you for granting me an audience
  4421. 3:10:02even though some of us will inevitably
  4422. 3:10:04not see eye to eye I still want to thank
  4423. 3:10:07you for your time and for your
  4424. 3:10:09thoughtful consideration concerning a
  4425. 3:10:11case that for me has been transformative
  4426. 3:10:15in more ways than one
  4427. 3:10:17now as many of you may already know the
  4428. 3:10:20last several months also brought some
  4429. 3:10:22unique challenges to my life in early
  4430. 3:10:25February I became very ill and I am
  4431. 3:10:28still in the process of trying to manage
  4432. 3:10:30my ongoing health problems however it
  4433. 3:10:34was during that time that so many of you
  4434. 3:10:36went out of your way to express support
  4435. 3:10:39posting kind messages and offering words
  4436. 3:10:42of encouragement and to each of you I
  4437. 3:10:45just want to say thank you for helping
  4438. 3:10:47renew my faith in humanity and for
  4439. 3:10:49reminding me how truly exceptional so
  4440. 3:10:52many of you in this community truly are
  4441. 3:10:56concerning new content on the channel
  4442. 3:10:58for the foreseeable future I am going
  4443. 3:11:00back to making shorter videos that don't
  4444. 3:11:03take well over 600 hours to create which
  4445. 3:11:07means we will be returning to a regular
  4446. 3:11:10upload schedule starting next week also
  4447. 3:11:13I have seen the many requests for
  4448. 3:11:15follow-up videos to Prior series I've
  4449. 3:11:17already covered so in the next few weeks
  4450. 3:11:19I will be doing exactly that
  4451. 3:11:21additionally I will be adding a new
  4452. 3:11:24focused to this channel to start
  4453. 3:11:26highlighting cases like darlies which I
  4454. 3:11:28believe need to be brought to the
  4455. 3:11:30Forefront of the entire True Crime
  4456. 3:11:32community so expect to see new and
  4457. 3:11:35follow-up cases coming in the next few
  4458. 3:11:37weeks now I want to take a moment to
  4459. 3:11:40personally and profusely thank my
  4460. 3:11:42patreon and YouTube supporters the fact
  4461. 3:11:45that so many of you continued to believe
  4462. 3:11:48in me as I worked on this case during my
  4463. 3:11:51recovery is nothing short of remarkable
  4464. 3:11:54this content is a reflection of my
  4465. 3:11:56gratitude and my way of saying thank you
  4466. 3:11:59for your kindness and support it is
  4467. 3:12:02because of each of you that I am able to
  4468. 3:12:05do what I truly love I also want to take
  4469. 3:12:09a moment to thank my fiance for her love
  4470. 3:12:12and support over the last several months
  4471. 3:12:14it is not an exaggeration to say that
  4472. 3:12:17you continue to help me through a very
  4473. 3:12:20painful and challenging time thank you
  4474. 3:12:23for being the woman that you are I love
  4475. 3:12:25you endlessly and I am truly a better
  4476. 3:12:28man because of you now before we close I
  4477. 3:12:32have one final request as trite as it
  4478. 3:12:36may seem please consider liking
  4479. 3:12:38commenting and subscribing each of those
  4480. 3:12:41things are profound ways for you to show
  4481. 3:12:43support for this Channel and so that
  4482. 3:12:45more people can have the opportunity to
  4483. 3:12:48hear this story so thank you from the
  4484. 3:12:51bottom of my heart for being a part of
  4485. 3:12:53the BCM Community for supporting me and
  4486. 3:12:56this Channel and most of all for the
  4487. 3:12:59gift of your time it is a gift that I
  4488. 3:13:02will truly never cease being grateful
  4489. 3:13:05for so as always
  4490. 3:13:07this has been behind Criminal Minds
  4491. 3:13:10we'll see you next time
  4492. 3:13:13[Music]

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