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Dying For Justice! The Wrongful Conviction Of Darlie Routier - Episode 4 Part 1 — Transcript

by Mystery Maverick · 6,567 words · 979 segments · language en · Watch on YouTube

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0:06hello everyone and welcome back to True
0:09Crime with mystery Maverick I'd like to
0:11start by saying a huge thank you to my
0:14viewers and subscribers it takes a lot
0:17of time and research to present my
0:19content and your patience and support
0:22Spurs me on to continue if you haven't
0:25been here before and want to know the
0:27full details of the Routier case you
0:29have come to the right place you can
0:32also visit the amazing rjp podcast for
0:35more in-depth discussions where I am a
0:38guest host along with people who know
0:40darly and are well versed in the case on
0:43a less lighter note if you have come
0:46here to harass or insult me my viewers
0:50or dar's family then this is not the
0:53channel for you remember they are the
0:56victims not you we cannot possibly
0:59fathom the pain pain and the heartache
1:01these people have suffered losing Devon
1:04and Damon to innocent beautiful boys and
1:08losing a daughter mother sister wife and
1:11friend in this multi-part episode we
1:14return to Texas and we traveled to Kerr
1:18County I will take you inside the
1:20courtroom of dar's capital murder trial
1:23where I will examine analyze and debunk
1:27the evidence brought against her as we
1:30continue to unravel the mystery Dying
1:33For Justice the wrongful conviction of
1:36darly
1:38Routier it was the end of November
1:411996 when a jury of seven men and five
1:44women from kville was selected to serve
1:47their civic duty in the capital murder
1:50trial of darly lim rutier previously
1:54refused Bond darly had sat in a Cell in
1:57a Dallas County Jail awaiting her chance
2:00to prove her innocence once and for
2:02all after all she didn't do it so she
2:06knew the evidence would show that the
2:07police had got it wrong in an interview
2:10for the documentary waiting for a
2:12miracle Dary
2:14stated I believed that when you walked
2:17into a courtroom if you were innocent
2:19you would be found innocent if you were
2:22guilty you'd be found guilty that's not
2:26the truth all the time that's not the
2:28way it work 's trial would arrive sooner
2:31than anyone could imagine less than 2
2:33months after jury selection and 6 months
2:37after her arrest Dary would stand trial
2:40in kville County Courthouse in the book
2:43dine Purgatory Kenneth the husband of
2:46dar's close friend Melanie weit stated
2:49that the state had sped the trial up and
2:52that dar's attorneys did little to slow
2:54it down he recalled that even dar's
2:57family were fine with a speedy trial too
3:00their reasoning being the sooner the
3:02trial was over the sooner they would
3:04have darly home B further supports the
3:07fact that the family and daring knew
3:09little about the criminal justice system
3:12and even less about capital murder
3:14trials on an episode of the last defense
3:17dar's original state appointed attorney
3:20Doug Park said dary's trial had been set
3:23for the first Monday after January so we
3:26had 6 months I typically find that it's
3:29hard to be ready for a death penalty
3:31case in less than a year and a half it
3:34was going to be quick there's no
3:36question about it moreover Parks had
3:39been replaced by Moulder who had only
3:42been appointed to the case in October at
3:45the same time as jury selection which
3:48meant he had even less time to prepare
3:51an unimaginable challenge considering a
3:53woman's life was on the line on the
3:56first weekend of January Dary was
3:59transferred from Dallas to kville County
4:01Jail in anticipation of her
4:04trial family and friends took up
4:07lodgings nearby in a rental property and
4:10Court officials booked into local hotels
4:13While others sought accommodation closer
4:16to the interstate
4:18highway on the morning of the trial the
4:20weather was unusually cold as an arctic
4:23cold front swept in from the
4:26Northwest this did not make the
4:28temperature inside the court room
4:30comfortable for anyone not least because
4:32the heating was on the
4:34blink nevertheless the trial would
4:37commence even if it meant attendees
4:40needed to layer up for warmth outside
4:43the courtroom reporters would approach
4:45darly key and ask her how are you
4:48feeling today I feel great first day of
4:51the truth she replied A confident molder
4:55further added we're here to
4:58win although darly was initially
5:00indicted for the murder of both her sons
5:03the prosecution decided to only try her
5:06for Damon's murder at the time Damon's
5:09murder had qualified for the death
5:11penalty as a child under the age of six
5:14however it has been further speculated
5:17that this was a legal maneuver to
5:19guarantee dar's conviction by loading up
5:22a double barreled shot gun therefore if
5:25Dary was found not guilty of Damon's
5:27murder they could try her again for
5:29devans so on the 6th of January
5:331997 at 9:30 a.m. in Kerr County
5:36Courthouse the capital murder trial of
5:39Dary LM Rua would begin outside the
5:43presence of the jury Dary was arraigned
5:46lead Prosecutor Greg Davis would first
5:49read the grand jury indictment before
5:51the court as
5:52follows the defendant honor about the
5:55sixth day of June 1996 in the county of
5:59Dalles and said state did unlawfully
6:02then and there intentionally and
6:05knowingly cause the death of Damon
6:07Christian Routier an individual here and
6:11after called the deceased by stubbing
6:14said Damon Christian Routier with a
6:17knife and the deceased was at the time
6:20of the offense under six years of age
6:22against the peace and dignity of the
6:25state the judge asked how the defendant
6:28pleads to which Dary replied not guilty
6:32this was followed by some other motions
6:34brought before the court of most
6:36salience was the request by the defense
6:39for a continuance of a day and a half to
6:41review all the
6:43evidence second J on dar's defense
6:46Richard mosty said to the court on the
6:49subject the second part of the motion
6:51for continuance is that we have that the
6:54evidence has been at various places the
6:57District Attorney's Office the rowlet PD
7:00Swifts Jun screen various places and Mr
7:04Douglas and Mr Harold went up last week
7:07to look at that and they weren't able to
7:09look at all of the evidence even some of
7:12it was being put together to be moved
7:14down here so presumably all of the
7:17evidence is here now I think it came in
7:20on the second so we need one day or part
7:23of a day to examine all the evidence
7:26that the state has down here which we
7:28have not had that opportunity to do up
7:31to this
7:32time additionally leading up to the
7:35trial the state had ordered further DNA
7:37testing on dar's night shirt and the
7:40results had not yet come in giving the
7:43defense no time to evaluate or review
7:45the results Sher Wallace from the
7:48prosecution team had gone off to call
7:50them for the results and when she had
7:52returned revealed that the samples were
7:55all dar's blood this clearly exposed the
7:58issues that came with a rush trial which
8:01added to the unpreparedness of the
8:03defense team which further hindered
8:06their ability to adequately defend their
8:10client in fact documents show that Davis
8:13had only written to Moulder on the 17th
8:16of December offering access to some of
8:18the evidence just weeks before the
8:21trial nevertheless to denied the motion
8:25for continuance the defense had further
8:27requested that Swift and rowlet PD
8:30provide contact sheets related to the
8:33crime scene and evidence to distinguish
8:35where and when in which sequence the
8:38crime scene photos were taken
8:41subsequently Davis would reveal that
8:43nether organization used contact sheets
8:46this among other failures showed the
8:49lack of appropriate procedures used at
8:51the crime scene particularly as items
8:54had been moved
8:55around according to the book Hush little
8:58babies the trial was delayed for a short
9:01while as one of the jurors had gone
9:03awall and had been found sitting in the
9:06audience instead of being sequestered
9:08the juror had seen the preliminaries
9:11they were not supposed to see regardless
9:14they were reunited with the other 11
9:16jurors sworn in and the trial would
9:20commence the trial began like most of
9:23criminal trials with the prosecution's
9:26opening statement a telling piece that
9:28would perh APS foreshadow the direction
9:31of things to come Davis would launch a
9:3316 minute long tiod of defamatory
9:36remarks against dar's personal character
9:40despite the reading of the indictment
9:42only referring to the murder of Damon
9:45Davis constantly mentioned both boys
9:47murders throughout the trial he told the
9:50court that the evidence would show how
9:52the boys were murdered who murdered them
9:55and why he proceeded to tell the jury
9:58that darly was a self-centered
10:01materialistic and cold woman quote cold
10:05enough to kill her own two
10:07children he described Darren as a hard
10:09worker whose wife was living a lavish
10:12lifestyle beyond their means while he
10:15admitted that the couple was still doing
10:17well financially in
10:191996 that it was the birth of the
10:21couple's third child Drake that had
10:23changed the Dynamics at 5801 Eagle
10:27Drive on top of that the fact that darly
10:30was struggling to lose the baby weight
10:32she had gained which resulted in her
10:35turn into diet pills he further went on
10:38to say that Darren's business had
10:40started to quote flatten out as the year
10:43began he painted darly as a depressed
10:46attention seeking person whose kids were
10:49taking up too much of her time and
10:52further suggested that the lifestyle she
10:54had become accustomed to was slipping
10:56away which made her very angry
11:00he said that the couple had no savings
11:03no retirement fund and very little money
11:06in the bank and that they had been
11:08turned down for a loan just days before
11:10the
11:11murders he stated that darly had
11:14orchestrated the crime by sleeping
11:16downstairs with the two boys before
11:18stabbing them to death while they
11:21slept he went on to say there was no
11:23Intruder in the home that night and that
11:26Dary had inflicted deep wounds on the
11:29boys before inflicting superficial
11:31wounds on herself and staging the crime
11:35scene he said the evidence would show
11:38that the knife was not dropped on the
11:40floor of the utility room and that
11:43fibers from the screen found on a bread
11:45knife from a butcher block inside the
11:47home would show it was used to cut the
11:49window screen in the garage as part of
11:52the
11:54staging he ended by saying that the
11:57evidence would show Beyond any reason
11:59reasonable doubt that she is guilty of
12:01the capital murder of her 5-year-old son
12:03Damon
12:05Routier next up was the defense opening
12:08statement made by second chair Richard
12:11Moy he started by reminding the jury
12:14that the reading of the indictment was
12:16not evidence of
12:19guilt he told them that statements made
12:22by Dary whom was traumatized by seeing
12:24her children die and having her own
12:27throat slip were also not proof Beyond a
12:29reasonable doubt he said the couple were
12:32young and starting to make a successful
12:35life for themselves he said that life
12:37revolved around the three children and
12:40that various Child Focus items in and
12:43around the home suggested that he said
12:46that dar's life in particular revolved
12:48around her children and that friends and
12:51family and neighbors would all testify
12:53to
12:54that he further questioned the state's
12:57logic that a doating and loving mother
13:00would turn into a psychotic killer in
13:02the blink of an eye he further added
13:05that she did not only turn into a
13:07psychotic killer but also a forensic
13:10expert such that she could stage a whole
13:14crime scene too he said that the
13:16evidence of dar's wounds would show that
13:19they were defensive in nature and not
13:22self-inflicted as the state would
13:24suggest he further stated that the
13:27prosecution had failed told to mention a
13:29sock found 75 yards down an Alleyway
13:33behind the Routier home with both boys
13:36blood on
13:37it he further suggested it was
13:39ridiculous to think she had run down the
13:42alleyway to plant the sock he said that
13:45the evidence would show that from 6:00
13:47a.m. in the morning police had focused
13:50on darly they ignored any evidence
13:53pointing away from her including several
13:56reports about a black car seen around
13:58around the area on the night of the
14:01crime that had not been followed up and
14:04they had failed to identify it to this
14:06day he pointed to the states evidence
14:09and suggested that their Theory had
14:11changed several times they kept going
14:15back to the crime scene and conducted
14:18additional testing to fit their Ever
14:20Changing theories which were all focused
14:23on darly as the
14:25perpetrator he further suggested that
14:28the states interpretation of the
14:30evidence such as the mulch outside the
14:32cut screen and dust undisturbed on the
14:36window sill were false conclusions
14:38considering the placement and size of
14:40the window perhaps the most chilling
14:43part of the defense opening statement
14:46was when mosty stated to the court the
14:50true murderer is still on the streets
14:53day one of the trial was not going to be
14:56an easy day for anyone in the courtroom
14:58not least for Dary who had to relive the
15:01horrifying night her boys were murdered
15:04in the most graphic
15:06way the first witness called with the
15:09state were the medical examiners Janice
15:12towns imp parchment and Dr Joanie
15:15mlan according to the book Hush little
15:18babies this testimony was accompanied
15:21with Grizzly autopsy photos which were
15:25passed around the jury and when darly
15:27caught a glimpse she had grimaced and
15:30turned away Dr Joanie mlan had carried
15:34out the autopsy on Devon Routier in
15:37heartbreaking testimony she described
15:40receiving Devon's body wearing Power
15:42Ranger shorts along with a Power Ranger
15:45pillowcase and
15:47blanket she said that Devon weighed 46
15:51and measured 46 in a little under 4T
15:55tall he had suffered four sharp force
15:58injures injuries which she described in
16:00detail alongside a video depicting each
16:03wound she said that the mechanism of
16:06death was blood loss and he would have
16:08died within a few minutes up to 5
16:11minutes after his injuries were
16:14inflicted wound one was a stab wound to
16:16the upper left chest and went between
16:19the fourth and fifth ribs and went
16:21through the pulmonary artery the right
16:24lobe of the lung and perforated the
16:27right posterior chest between the
16:29posterior seventh and eighth ribs the
16:32wound penetrated 5 in and all the wounds
16:36went from front to back left to right
16:38with no up or down
16:40deviation she further noted that on
16:43wound one there was a sharp and a blunt
16:46angle that suggested to her that a
16:48single-edged blade had been used to
16:50inflict this wound mlan said that due to
16:54the child's ribs being softer because
16:56they had more cartilage than and adults
16:59that it wouldn't take much force to
17:01inflict the wounds to the
17:03chest wound two was another Stab Wound
17:07slightly lower on the chest and
17:09penetrated 2 and 1/2 in and went through
17:12the right e rib and right intercostal
17:15muscle and went into the right lung
17:18wound free was an incise wound to the
17:21left forearm and was 1 and 1/4 in in
17:24length with an estimated penetration of
17:271/8 of an inch wound four was a stub
17:31wound 1 and 1/2 in into the left midline
17:34of the left leg the wound was 3/4 of an
17:38inch in length and 3/4 of an inch
17:41penetration when asked by the
17:43prosecution if Devon could have made a
17:46noise after receiving those stab wounds
17:49the doctor said that it was possible and
17:51that his wounds would not have precluded
17:54him from doing so she further estimated
17:57that Devon would have survived no longer
18:00than 5 minutes after his injuries were
18:03inflicted under cross examination Dr
18:06mlan said that she could only determine
18:09that one of the wounds were inflicted
18:11with a single-edged knife and that a
18:13double-edge knife could not be ruled out
18:16in the three other
18:18wounds she conceded that she could not
18:20say with certainty all the injuries were
18:24caused with the same
18:27instrument addition only Dar and Damon's
18:30blood was found on the
18:32knife which could indicate that a second
18:35weapon was used however as only four
18:39samples were taken from the knife it is
18:42possible that the testing was not far
18:44enough to find it she concluded that
18:48there was no way to tell in which order
18:50the wounds were inflicted she further
18:52added that a determination could not be
18:55made on either the width or the length
18:57of the knife refused to inflict the
19:00wounds she explained that this was due
19:03to the lines of ler and the loosening of
19:05the skin tissue on the
19:07surface therefore the only conclusions
19:10that can be made is the depth the knife
19:12had penetrated the body which is not an
19:15accurate measurement of the size of the
19:18knife
19:20used under redirect she said that the
19:23knife in question States exhibit number
19:2667 could have been used used to inflict
19:29wounds one and two and there was nothing
19:32to exclude it from being the murder
19:34weapon however under recross she said
19:38that although it was a possibility she
19:40could not say it was the knife used just
19:43that it was
19:46consistent she went on to say that she
19:48had been asked by investigators to look
19:51for previous signs of child abuse she
19:55admitted that Devon was a good weight
19:57for a boy of his age
19:58she found no broken bones or healing
20:01wounds or any signs of previous injury
20:04besides the wounds that caused his
20:07death she concluded that she did not
20:10find any signs of child abuse this was
20:13also true for Damon and a subject we
20:16will return to later in the series when
20:18we look at filicide
20:21research it was the state's contention
20:23that Devon was stabbed by darly and died
20:26where he lay sleeping
20:29there are several physical Clues at the
20:31crime scene and autopsy that debunk this
20:33notion if we look at the position of
20:36Devon's pillow it is facing towards the
20:39television which is where Darren said he
20:41was positioned when he had last seen him
20:44the evening
20:45before however Devon's body was found
20:49lying face up with his feet towards the
20:51sofa darly was sleeping
20:54on moreover the blood pattern down the
20:57front of Devon's short shorts slows down
20:59the front towards his feet and towards
21:01the ground meaning when he was bleeding
21:05he was in an upright
21:07position it has been speculated that the
21:10blood on his shorts came about through
21:12Darren's attempts at
21:15CPR however Darren testified that blood
21:18spurted out of his chest which would
21:21have created a spatter or cast off
21:23pattern we see on Devon Short's
21:26saturation of blood and the flow
21:29indicating blood was running for a
21:31period of time down the front of his
21:33shorts furthermore I believed that if
21:36Devon was on the carpet he would have
21:39some scrapes or marks to his back
21:43additionally there were no defects in
21:45Devon's comforter and none of the fibers
21:48found on the knife belonged to the
21:50comforter on the contrary both fibers
21:53from dar's night shirt and from Damon's
21:56t-shirt were found on the murder weapon
21:59further indicating the possibility of a
22:02second weapon and even a second
22:05perpetrator let us look at the angles of
22:07Devon's wounds for darly to have stabbed
22:10him lying down she would have had to
22:13have stood on or aside his left leg and
22:16arm and twisted her body over to the
22:20left his wounds went front to back left
22:24to right with no up or down
22:26deviation
22:28darly would have needed to lean to her
22:30left in an unnatural angle and stubbed
22:34at a slight
22:35angle a video created by blood spatter
22:39expert Tom Beville who would later
22:41testify for the state shows him
22:44reenacting a stabbing motion to create
22:46blood patterns on the shirt he suggested
22:49that to achieve the blood patterns on
22:51the shirt that she would be standing
22:53over him stabbing in a clean front to
22:56back stabbing motion
22:58how do you get an angled Stab Wound from
23:00a straight on stab this was a criticism
23:04of blood spatter analysis later
23:06mentioned by Dr Deo that it does not
23:09consider the different types of wounds
23:12the difference between individual people
23:14and circumstances of
23:17events Darren stated he was blowing into
23:20Devon's chest and blood had sprayed out
23:23he said that while he was doing this
23:25Dary had brought a towel over to Devon
23:27and was trying to hold his wounds close
23:30where was she when you were blowing into
23:32his mouth right over the top of him what
23:35was she doing she was trying to stop the
23:38bleeding she was trying to hold his
23:40chest together many have speculated that
23:43this was a lie made up by Darren prior
23:46to trial to cover for Dary however
23:49according to Larry bford the ENT that
23:52rode with Dary to the hospital he
23:55recalled Dary telling him she had given
23:57SE CPR to one of the boys you've told us
24:01about the defendant's comments about
24:03when are we going to get to the hospital
24:06do you recall her making any other
24:08statement or was she relatively quiet on
24:11the way down there she had remarked once
24:14about doing CPR on one of the boys
24:17neither Dary nor Darren knew that Dary
24:20was a suspect at this point and had no
24:23clue about the state's case how could
24:26they preempt such a lie darly further
24:30mentioned in her first written statement
24:32that she had put a towel on Damon's back
24:35however she did not go into detail about
24:38wetting towels or her first aid
24:41attempts again it is likely that this
24:44seemed insignificant to the routiers at
24:47the time that they were unaware that the
24:49police were looking at darly as a
24:52suspect after all bloody towels were
24:55strewn all over the crime scene surely
24:58they did not need to explain them also
25:01if everything that happened their own
25:03CPR attempts were the least of their
25:06worries in addition they had never been
25:08asked or prompted by police or
25:11investigators in regards to the tows or
25:14the kitchen sink we further see that
25:17this is because investigators were
25:19forming their own theories and were not
25:22attempting to corroborate dar's version
25:24of events with the physical evidence
25:26that the crime scene
25:28the state suggested that darly did
25:31nothing to help the boys as they lay
25:33dying and that she stayed by the kitchen
25:36bar tending to her own
25:38wounds however the state's own DNA
25:41testing found that both Dar and Devon's
25:44blood on Devon's pillow meaning darly
25:47was actively bleeding around Devon this
25:50further supports dar's account that she
25:53had been given Aid to Devon while she
25:55herself was actively bleeding
25:58which was further confirmed in Darren
26:00rouer's later testimony when he
26:02described darly running back and forth
26:05between the boys with towels on a post
26:08tral episode of the Lisa Gibbons show on
26:11dar's case juror reene away amongst many
26:15other ignorant and bizarre comments
26:17claimed that Devon received the wound on
26:20the back of his leg when he was quote
26:22lying on his back kicking the crap out
26:25of her this comment is not only ignorant
26:29but it makes no logical sense Devon had
26:32no other knife wounds on his lower body
26:35or his feet if Devon was soall kicking
26:38the crap out of darly as she was
26:40stabbing him his defensive wounds would
26:43have been present in that area by
26:46contrast Devon's defensive wound was on
26:48his arm more consistent with him being
26:51in an upright position when considering
26:54that the arm wound was said to be
26:56related to chest wound
26:59one a fact further confirmed By Janice
27:03Town's EMP parchment when she spoke of
27:05the nature of defensive
27:07wounds they're also seen on the
27:11forearms sometimes if the person winds
27:13up essentially fighting off the as
27:15salent with his or her legs you'll see
27:19them on the feet and the lower legs
27:21moreover the single wound to the back of
27:24Devon's leg has rounded edges and signs
27:27of hemorrhaging around the entrance
27:29which indicates blunt force trauma from
27:32an object that broke the
27:34skin it is common that these types of
27:37injuries can be miscategorized due to
27:39the fact that they can appear like stab
27:42wounds when looking at the crime scene
27:45the only item that has a sharp enough
27:47Edge to create this type of wound is the
27:49glass table Daren said in his earlier
27:53police statement that the table was
27:55knocked over we further see from the
27:58crime scene photos that the glass table
28:01is not in line with the base which
28:03indicates that someone had placed the
28:05glass back onto the base in a halfhazard
28:09way this was also confirmed in Darren's
28:12later trial testimony when asked about
28:14the table he
28:16said where was the table the table was
28:20completely down it was Fallen the
28:22flowers are completely fallen off the
28:24table when asked if the table was just
28:27slightly a skew Darren reiterated that
28:30the tabletop was off the base no it
28:34wasn't on its base it was completely
28:36down to the ground he further added that
28:39the paramedic who attended to Devon had
28:42moved the top back onto the base to make
28:45room to give him first
28:47aid in addition we see blood which was
28:51later revealed to be dar's had rolled
28:54down the table indicating the table was
28:56turned over while Dary was
28:59bleeding the table is on the right side
29:02of Dary as she got up and her arm was
29:04already bleeding considerably at this
29:07time the state further contended that
29:10darly had knocked the table over as part
29:12of the Stag however if Dar was already
29:15bleeding when she staged the table there
29:18would have been far more blood bloody
29:21smears and even dar's bloody
29:23fingerprints instead we see the blood
29:26had hit the table and his dripping down
29:28the
29:29tabletop considering this evidence it is
29:32more probable that the glass table had
29:34been knocked over and it is my belief it
29:38occurred during the struggle as Devon
29:40had gotten up to go to Dary on the
29:43sofa next up to testify was Janice
29:46Town's imp parchment who had carried out
29:49Damon rouer's autopsy and had inspected
29:52dar's wounds at the hospital at the
29:55request of the rowet PD
29:58she recalled that she only received
30:00Damon's body along with the t-shirt that
30:03had been cut away with one or more
30:06defects however she could not remember
30:08if the defects were on the front or the
30:10back of the Garment she stated that
30:13Damon weighed 40b and measured 43 in in
30:17length he had suffered six wounds
30:20included four stab wounds and two incise
30:23wounds which she also described in
30:25detail along with photo phot and videos
30:28of the autopsy wound one was an incised
30:31wound which measured 1/8 of an inch in
30:34depth wound two was another incise wound
30:37that measured 3/4 of an inch in depth
30:41wound one was a stub wound which
30:44perforated the left eighth rib and the
30:47left seventh intercostal muscle and
30:49penetrated the lung wound two was
30:52another Stab Wound which went through
30:54the rate rib and into the intercostal
30:56muscle and penetrated the lung 3/4 of an
31:00inch wound three was a stub wound that
31:03went through the eighth intercostal
31:05muscle between the right eighth and
31:07Ninth ribs and was 1 and 7/8 of an inch
31:11wound four was another Stab Wound going
31:14through the intercostal musculature
31:17through the right lung the diaphragm and
31:19into the liver with a max depth of
31:21penetration of 3
31:23in she testified that Damon's wounds
31:26were consistent with a single-edged
31:28knife with one sharp edge and one blunt
31:31Edge she went on to say that the butcher
31:34knife was consistent with the injuries
31:37inflicted on Damon she further stated
31:40that his wounds would have oozed rather
31:42than gushed blood as no major blood
31:45vessels were cut she stated that Damon
31:48would not have died instantly and that
31:51he could have walked 10 to 15 ft after
31:54all four stab wounds had been inflicted
31:57she conceded that he would also have
31:59been able to make noise and that it is
32:02not until significant blood loss occurs
32:05that a person loses Consciousness until
32:07such a time they are still able to move
32:10around and make noise she conceded that
32:14Damon could have survived as much as 8
32:16to 9 minutes when asked if the kitchen
32:19knife was consistent with Damon's
32:21injuries she said that it could not be
32:24ruled out and that it was consistent
32:26with the wound
32:28however under cross-examination she said
32:31that the wounds could also be consistent
32:33with several other knives including
32:36pocket knives buck knives and kitchen
32:39knives she explained that this was
32:41because the portion of the blade can be
32:44less than the wound tract left behind
32:47she further acknowledged that it can
32:49also be dependent on motion the motion
32:52of the body in addition to the motion of
32:54the knife and conceded that Damon's
32:57injuries could have been inflicted with
33:00a much smaller knife or
33:02instrument she went on to say that there
33:04was no way of knowing if all the wounds
33:07were inflicted with the same instrument
33:10or if they were inflicted by the same
33:13perpetrator Greg Davis took this
33:16opportunity to try and purport the
33:18theory that Damon had been stabbed first
33:21as he lay asleep and then again when he
33:24had reached the hallway where he was
33:26found
33:27after all how would they explain the
33:30sock down the alleyway with both Devon
33:32and Damon's blood on it and reconcile it
33:35with the 9 Minute upper limit time frame
33:37given by the medical examiner darly was
33:40on the phone to 911 for over 5 minutes
33:43which could give darly but a few minutes
33:46to run 75 yds down the alleyway to drop
33:49the sock run back to the house another
33:5275 yards slick the screen in the garage
33:55Put The Knife back in the knife block
33:58slit her own throat stub herself in the
34:00arm twice once to the Bone make another
34:04scrape marks and scratches on her body
34:07smash the wine glass on the floor
34:09without taking it out of the wine rack
34:12cleaning up the kitchen sink but leaving
34:14blood all over it throwing over the
34:17Hoover turning over the glass table and
34:20calling Darren furthermore the
34:23prosecution's theory does not consider
34:26that if Damon was not mortally wounded
34:28at this point he would have been able to
34:31go to get help with Darren or even
34:33possibly gone out into the street whilst
34:36sty was away from the house which begs
34:39the question if Dary had stabbed the
34:41boys why leave Damon alive when calling
34:45911 Jack Colby the paramedic who
34:48attended to Damon at the scene said that
34:50he saw the light fade in his eyes after
34:53working on him for 2 minutes inside the
34:55home which was after the 911 call had
34:59ended this would leave Dary around a
35:02minute to do all the above which is
35:05physically impossible even with the
35:07prosecution's theory that Damon was
35:09stubbed a second time it would only give
35:12her an extra minute which again is
35:16impossible this was as mostly said in
35:19the opening statement a part of the
35:21state's Ever Changing Theory to try and
35:24make the evidence fit when asked by the
35:27prosecution if the wounds could have
35:29been inflicted at a separate time she
35:32stated that it was possible however
35:35under Rec she stated that there was
35:37nothing to suggest that the wounds had
35:40been inflicted at different times there
35:42was really no way of knowing this was
35:46just one example of the prosecution's
35:48use of speculation and wild theories
35:51that were unsupported and ungrounded in
35:54fact or physical evidence
35:57while we cannot tell from the autopsy
35:59whether Damon was attacked in separate
36:02locations we can look at whether the
36:04physical evidence at the crime scene
36:06supports this if we look at the area
36:09where Damon was found it is close to a
36:12wall meaning if Damon had been stabbed a
36:14second time at this location there
36:17should be evidence of cast off or signs
36:20of a struggle in that area the only
36:23blood found on that wall was higher up
36:26and that was
36:27as she switched on the light once she
36:29was already bleeding
36:31significantly which further supports her
36:33account that after picking up the knife
36:36she went back to the family room and
36:38turned on the light Damon's blood was
36:41not found on the light switch if Dary
36:44had stabbed him next to the wall we
36:46should see a mixture of both dar's and
36:49Damon's Blood on the light switch the
36:52perpetrator would likely have the
36:54victim's blood at least on their
36:56dominant hand Dary would likely have
36:58transferred Damon's blood to both the
37:01light switch and the knife handle had
37:03she been the one who had stabbed him DNA
37:06analyst Caroline vanwinkle testified
37:09that the handle contained a possible
37:11mixture of darly and one of the boy's
37:15blood however her DNA report states that
37:18dar's blood was the only blood found on
37:21the knife handle once again the
37:24investigators were trying to collect
37:26idence to fit their Theory instead their
37:29own DNA testing did little to
37:32incriminate Dar and in fact supports
37:35dar's recollection of events many social
37:38media commentators that believe in dar's
37:41guilt have further questioned whether
37:43Damon could have even walked at all to
37:46where he was
37:48found disqualifying the obvious that
37:51Damon was found some feet from where he
37:53originally lay indicating he walked to
37:56where he was found there are several
37:59other clues that refute this if we look
38:02at Damon's injuries along with the jeans
38:05he was wearing we see again just like
38:08Devon shorts there is blood that runs
38:10down the back of Damon's jeans to the
38:12point of
38:14saturation meaning that Damon was in an
38:16upright position for a period of time
38:19whilst he was actively bleeding the
38:22first responding officer David wle
38:25stated that Damon was laying on the
38:27floor by the wall when he arrived at the
38:29scene in addition there was a bloody
38:32child's handprint in Damon's blood found
38:34in the family room in the area where
38:37Damon had fallen asleep which indicates
38:40that Damon had gotten up after he was
38:42already stabbed and bleeding this was
38:45further confirmed by Toby Shook on an
38:47episode of death R Stories the youngest
38:51one put down a bloody handprint in the
38:53carpet to help himself
38:55up several DNA samples also revealed
38:59that Dary was bleeding in the same area
39:02at the same time as Damon dar's blood
39:05was found on both the front and back of
39:07Damon's jeans and both Damon's and dar's
39:11blood was found on the couch that darly
39:13had slept on and in the area Damon had
39:16gone to
39:17sleep this supports dar's version of
39:20events and further shows that Dary was
39:23close to Damon and that she had tried to
39:25help her boy
39:27as she herself was severely injured and
39:30actively
39:32bleeding Dr Townson parment went on to
39:35say that she had taken and sent blood
39:37samples to the top floor criminal
39:40investigations lab for
39:42analysis she further stated that
39:45although she took Damon's Footprints she
39:47did not take his fingerprints or Palm
39:51Impressions a detail that would become
39:53of great importance in relation to the
39:55friend IC evidence at the crime scene
39:59and more importantly in showing the
40:01presence of an intruder and thus
40:04supporting dar's claims of
40:06Innocence she claimed the reason she did
40:09not take fingerprints is because they do
40:12not usually take them at such a young
40:14age however in one photo we see that
40:17Devon's left hand was bagged by the
40:20coroners and Damon's hands were also
40:23bagged at the
40:24hospital victim's hand f are bagged to
40:27preserve possible crucial forensic
40:29evidence particularly in a close contact
40:32to T why would you go to the effort of
40:36preserving evidence if you are not going
40:38to test it in addition the investigators
40:41knew that they had a bloody fingerprint
40:43found on a coffee table behind the North
40:46End sofa of the family room it would
40:49have been their job to request the
40:50doctor take the Fingerprints of the boys
40:53for comparison
40:55purposes this further shows that either
40:58they had already made up their minds
41:00that Dary was guilty or they were
41:02inexperienced in homicide and crime
41:05scene investigation or both the defense
41:09did not ask if she took any nail
41:11scrapings something I would expect would
41:14be of particular interest in that the
41:16boys were murdered in a close contact
41:18attack and there may have been DNA
41:21evidence of the perpetrator Left Behind
41:24similarly they did not take finger nail
41:26scrapings from
41:28darly Patterson had claimed at the bond
41:31hearing that darly did not have any
41:33nails so he did not attempt to take any
41:36however fingernail scrapings are taken
41:38from underneath the free edge of the
41:40nail and can be found even under very
41:43short nails Dary had said that she was
41:46in a struggle with the suspect again
41:48making it a possibility that she had
41:50some of the perpetrator's DNA underneath
41:53her fingernails Rich prer asked darly
41:56about this on a visit to Gatesville she
41:59stated that they did take fingernail
42:01scrapings but she did not hear of any
42:04testing or results relating to the
42:07sample this further points to the fact
42:10that the investigators were not looking
42:12for an intruder and therefore felt they
42:15did not need to run the appropriate
42:17tests that would be carried out in any
42:19other homicide case it has been reported
42:23by many over the years that Devon was
42:25stabbed all the way through his body
42:28however neither boy had any Exit Wounds
42:30which completely debunks the statement
42:32made by first responding officer wad in
42:35an interview with wner Herzog for the
42:38documentary on death row they were
42:41stabbed hard enough to where the knife
42:43went through their body and actually
42:45chipped the concrete floor underneath
42:47them he said this has fur been echoed by
42:51prosecutor Toby Shook on an episode of
42:54death R stories when describing Devon's
42:57injuries he stated 6-year-old Devon
43:00rutier had two devastating wounds to his
43:03chest they went completely through his
43:06body he was impaled by a large knife
43:10while some of the boy's wounds were
43:12indeed deep there is no evidence in the
43:15autopsy to support these
43:18statements this raises the question as
43:20to the motive of the prosecutors and law
43:23enforcement in this case is it just
43:26Chinese Whispers where a story becomes
43:28more exaggerated or completely different
43:31over time or is it a deliberate attempt
43:34to distort the truth and perpetuate The
43:37Narrative of darly as the folk devil the
43:40worst of the worst a mother who killed
43:43her own flesh and blood in the most
43:46brutal way one of the main tenants of
43:49the state's case against Dary was that
43:51while the boy's injuries were deep and
43:54penetrating dar's were superficial
43:57surface wounds they called several
43:59witnesses to show that dar's wounds were
44:02not only superficial but that she
44:05herself had inflicted them to be
44:08continued

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