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[TRIAL TRANSCRIPT PART 51] - Darlie Routier Trial - Detective Jimmy Patterson Part 1 — Transcript

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  1. 0:02Hello and welcome to the Beathouse 34
  2. 0:04podcast. I'm your host, Christine Worth.
  3. 0:08A big and warm welcome to all of our new
  4. 0:11subscribers. I am so glad that you're
  5. 0:13here. And to our amazing listeners,
  6. 0:17thank you so much for your continued
  7. 0:19support and encouragement. It is so
  8. 0:23appreciated. You have no idea.
  9. 0:26Before we get started, this episode is a
  10. 0:29continuing series on the trial readings
  11. 0:32for the Darlie Routier case. This is a
  12. 0:34mother who in 1996
  13. 0:37was accused and convicted of murdering
  14. 0:40her two children in Rowlett, Texas, and
  15. 0:42who currently sits on death row. As soon
  16. 0:45as these trial readings are finished, I
  17. 0:47will be back to doing weekly true crime
  18. 0:50and paranormal cases. So, in the last
  19. 0:53episode of the Darlie trial, we heard
  20. 0:57from Luanne Black and Karen Neal. Now,
  21. 1:00Luanne is Darlie's aunt
  22. 1:03and Karen Neal was the neighbor and
  23. 1:06friend of Darlie's and whose house that
  24. 1:09Daron ran to the night of the crime.
  25. 1:12It was definitely some very interesting
  26. 1:15testimony.
  27. 1:16And if you haven't had an opportunity to
  28. 1:18listen to that, I highly, highly
  29. 1:20encourage it.
  30. 1:22Today, we start off with a new defense
  31. 1:24witness and this witness will actually
  32. 1:27It's quite long, this testimony, so this
  33. 1:29is going to go over a series of
  34. 1:31episodes.
  35. 1:32But, the witness is Detective Jimmy
  36. 1:35Patterson, who was the lead detective in
  37. 1:39the case.
  38. 1:40So, with all of that said, let's get
  39. 1:42started with Detective Patterson's
  40. 1:45testimony.
  41. 1:48The direct examination is being done by
  42. 1:51one of Darlie's defense attorneys, Mr.
  43. 1:54Douglas Mulder.
  44. 1:56Would you tell the jury your name,
  45. 1:58please, sir?
  46. 2:00And then Mr. Mulder says, "Excuse me,
  47. 2:02Judge. Are you ready to go?" And the
  48. 2:04court says, "Well, let's see. We always
  49. 2:06think we are, but we don't know. I'm not
  50. 2:08sure this sound system is working here.
  51. 2:11All right, I think we have that taken
  52. 2:13care of now." And then Mr. Mulder
  53. 2:15continues,
  54. 2:16"Would you tell the jury your name,
  55. 2:18please, sir?" Jimmy Ray Patterson.
  56. 2:21Mr. Patterson, you are a police officer?
  57. 2:25Yes, sir. And you work for Rowlett
  58. 2:28Police Department? Yes, sir. I do.
  59. 2:31And what was your position vis-à-vis the
  60. 2:34Darlie Routier case?
  61. 2:36I am the lead detective in the case. All
  62. 2:39right. Well, you left town before we had
  63. 2:42a chance to talk to you. When did you
  64. 2:44leave Kerrville? Sometime after 6:00
  65. 2:47Thursday afternoon.
  66. 2:49A Thursday afternoon?
  67. 2:51When did you first come to Kerrville,
  68. 2:53Mr. Patterson?
  69. 2:54The first time I came down here was on
  70. 2:56the 6th.
  71. 2:58The 6th of January?
  72. 3:00Yes, sir. Okay. And
  73. 3:03you were with us until sometime after
  74. 3:056:00 on Thursday of last week. Is that
  75. 3:09correct? That's correct. Have you
  76. 3:11brought your notes with you? Yes, sir. I
  77. 3:14have. Do you have your case file with
  78. 3:17you? Yes, sir. Could I see it, please?
  79. 3:20I don't have it right here with me.
  80. 3:22Where is it? It's in the back. Could you
  81. 3:25get it, please? Yes.
  82. 3:28Let me hand you what has been marked for
  83. 3:31identification and record purposes as
  84. 3:33defendant's exhibit number 72, and I'll
  85. 3:36ask you if that is the notebook that you
  86. 3:39just handed to me.
  87. 3:40Yes, sir. It is.
  88. 3:42And this contains your entire file on
  89. 3:45Darlie Routier. Is that correct? Yes,
  90. 3:47sir. You and I have never met, have we?
  91. 3:51No, sir. We have not. We have never
  92. 3:53visited about this case, have we? No,
  93. 3:56sir.
  94. 3:58Now, when
  95. 4:00were you first notified that there had
  96. 4:02in fact been a
  97. 4:05an assault or a death there at 5801
  98. 4:08Eagle Drive in Rowlett?
  99. 4:11June the 6th, 1996 at about 2:55 in the
  100. 4:15morning. Okay.
  101. 4:17Were you at home or were you on duty? I
  102. 4:20was at home. Okay. And as result of
  103. 4:23that, did you have occasion to get up
  104. 4:26and get dressed and proceed to that
  105. 4:28scene? Yes, sir. I did. Okay. About what
  106. 4:31time did you arrive there? About 3:30,
  107. 4:353:35. Okay.
  108. 4:37And who was there when you arrived,
  109. 4:40Detective Patterson?
  110. 4:41There was some fire personnel there.
  111. 4:44There was some uniformed officers at the
  112. 4:46scene. The lieutenant over CID was at
  113. 4:50the scene.
  114. 4:51Who is the lieutenant over CID?
  115. 4:55His name is Grant Jack. All right. Was
  116. 4:58he down here for the past 3 weeks as
  117. 5:00well, along with you? No, sir. Has he
  118. 5:03been here? Yes, sir. Okay, he is back in
  119. 5:06Rowlett now, I guess. No, sir. Where is
  120. 5:09he? He is here now. Oh, he came back
  121. 5:12down with you?
  122. 5:13Not with me. He came back down.
  123. 5:16Who else came down this weekend? An
  124. 5:18officer, Dwayne Bedingfield, Sergeant
  125. 5:22David Neighbors, and another detective
  126. 5:24by the name of Chris Frosh.
  127. 5:26Just the five of y'all? Yes, sir. Okay.
  128. 5:30When did y'all get back down here? I got
  129. 5:32back down here yesterday about 4:00.
  130. 5:35Okay. When did the others come? Do you
  131. 5:38know? I'm not sure. Okay. At any rate,
  132. 5:41you got out there and the medical
  133. 5:43personnel were there. Is that right?
  134. 5:46I don't know. No, I think they had
  135. 5:49already left and I talked to a
  136. 5:51firefighter. Okay. Do you know how many
  137. 5:54medical personnel had been there? Not
  138. 5:57total, no, sir. Okay. I take it you
  139. 6:00interviewed the paramedics who had been
  140. 6:01at the scene.
  141. 6:03They had written a written statement.
  142. 6:06I mean, does that mean you interviewed
  143. 6:08them?
  144. 6:09I did not talk to them personally, no.
  145. 6:12Did you talk to any of them? No, sir.
  146. 6:15All right. And you don't know how
  147. 6:18whether there were eight or nine or 10
  148. 6:21or you don't know how many there were?
  149. 6:23I don't recall how many were out there.
  150. 6:26Okay.
  151. 6:27What was the first thing you did when
  152. 6:30you got to the scene?
  153. 6:31The first thing I did when I arrived at
  154. 6:33the scene is I met with the officer in
  155. 6:35charge.
  156. 6:36And who was that? Sergeant Matt Walling.
  157. 6:40Okay. And I guess you talked with
  158. 6:42Sergeant Walling. Yes, sir. Okay, and
  159. 6:45what is the next thing that you did?
  160. 6:47He briefed me on what he knew at that
  161. 6:50time and I just walked up to the front
  162. 6:52door and there was an officer Wade at
  163. 6:54the front door. He asked me if I was
  164. 6:57going inside and I said no. And I just
  165. 6:59veered inside for a second.
  166. 7:02You did go inside, did you?
  167. 7:05No, I did not. I just looked inside from
  168. 7:07the door from the front porch. I thought
  169. 7:10you said you veered inside. You peered
  170. 7:14inside?
  171. 7:15Yes, sir. I just looked inside. You just
  172. 7:18looked inside? Yes, sir.
  173. 7:21And what was the next thing you did?
  174. 7:23Well, Sergeant Walling had told me about
  175. 7:26a screen that had been
  176. 7:28We're not going into what you were told.
  177. 7:31I asked simply what you did.
  178. 7:34I walked around to the back and noticed
  179. 7:37the screen window had been cut. Okay.
  180. 7:40And when you went around to the back,
  181. 7:42did you have occasion to look at the
  182. 7:44back gate? Yes, sir. Okay. And did you
  183. 7:47notice anything unusual about the back
  184. 7:50gate? It was open. Anything else?
  185. 7:53No, sir. Not at that time.
  186. 7:55Did you move it back and forth to see
  187. 7:57how it swung in place? No, sir. I did
  188. 8:00not.
  189. 8:01Did you see any scuff marks at the base
  190. 8:03of the gate? I didn't look. Okay. Will
  191. 8:07you tell the jury which way the gate
  192. 8:10swung? Inwards. Okay. Inwards to your
  193. 8:14right as you were going in from the
  194. 8:16garage or to your left?
  195. 8:19As you walk up to the gate, it swung
  196. 8:21open this way. And he demonstrates.
  197. 8:24Okay, and it was open at the time you
  198. 8:27first observed it? Yes, sir. Okay. And
  199. 8:30you walked around to the screen that was
  200. 8:32cut? I walked inside just enough where I
  201. 8:36could see the screen. I didn't go up to
  202. 8:39the screen.
  203. 8:40Well, why is that?
  204. 8:42Well, I didn't want to tamper with any
  205. 8:44evidence in case there was any. Okay.
  206. 8:47Did you know that other officers had
  207. 8:49already been on the scene and had been
  208. 8:51to the screen?
  209. 8:53Well, the only thing I knew was that
  210. 8:55there had been an officer look in the
  211. 8:57backyard.
  212. 8:59Just over the fence was your
  213. 9:01understanding? No, just went inside the
  214. 9:04backyard to look to make sure there
  215. 9:06wasn't any suspects. Okay. But, had not
  216. 9:09actually approached the screen. Was that
  217. 9:12your understanding?
  218. 9:14I really didn't get into that to know.
  219. 9:17So, you didn't know whether anybody had
  220. 9:19gone in the backyard or what the extent
  221. 9:22of the backyard was?
  222. 9:24I didn't know who had been in the
  223. 9:26backyard. Okay. I just knew that a
  224. 9:29couple of officers had went in there
  225. 9:31just to make sure that there wasn't a
  226. 9:33suspect. Okay.
  227. 9:35After that, what did you do? At that
  228. 9:37point, I went back around to the front
  229. 9:40and asked by my lieutenant to go to the
  230. 9:43hospital and meet with the witnesses.
  231. 9:46Okay. Did you talk with anyone else at
  232. 9:48the scene before you went to the
  233. 9:50hospital?
  234. 9:51Well, I had talked to one of the fire
  235. 9:54person or the paramedics just for a
  236. 9:57brief moment. Yes. Okay. Did you talk
  237. 10:00with any of the neighbors? Yes, sir. You
  238. 10:03forgot about that? No, I didn't forget
  239. 10:05about it. Okay. I asked you if you had
  240. 10:08talked to anybody else before you left
  241. 10:09for the hospital, didn't I? Right.
  242. 10:12And I just said that I had talked to the
  243. 10:15captain.
  244. 10:16Well, you were fixing to tell us about
  245. 10:18the neighbors. Yes, sir. Okay. As a
  246. 10:21matter of fact, you were advised that
  247. 10:23there had been a small black car at the
  248. 10:26scene, had you not?
  249. 10:28Mr. Greg Davis says, "I'm going to
  250. 10:30object to that as hearsay."
  251. 10:32What he was advised? The court says,
  252. 10:34"I'll sustain the objection." Mr. Mulder
  253. 10:37continues.
  254. 10:38Well, when you talked to the neighbor,
  255. 10:40was your attention directed to this part
  256. 10:43of the street?
  257. 10:44Mr. Greg Davis says, "Objection, that is
  258. 10:47hearsay." The court says, "Overruled, go
  259. 10:49ahead." Mr. Mulder says, "Yes, sir." The
  260. 10:52witness says, "I heard a lady call out
  261. 10:55that she wanted to talk to an officer."
  262. 10:57Mr. Mulder continues. "Okay.
  263. 10:59And I walked over there to talk to her.
  264. 11:02Okay.
  265. 11:03And were you advised that she had seen a
  266. 11:06small black car in this location? Yes.
  267. 11:09Mr. Greg Davis then says, "I'm going to
  268. 11:11object, your honor, that is hearsay."
  269. 11:13The court says, "Sustained, let's phrase
  270. 11:15our questions properly." Mr. Mulder then
  271. 11:18continues. "Okay. Was your attention
  272. 11:21directed to a location immediately in
  273. 11:24front of her mailbox?
  274. 11:26Mr. Davis again says, "I'm going to
  275. 11:28object, that is hearsay, what he was
  276. 11:30advised or directed. That has to come
  277. 11:33from someone else who is not here, so it
  278. 11:35has to be hearsay." And Mr. Mulder says,
  279. 11:38"Well, judge, he can testify to that."
  280. 11:41The court says, "Just a minute. I'll
  281. 11:43overrule that. Let's go ahead and move
  282. 11:45on with the case." Mr. Mulder says,
  283. 11:47"Sure." And then continues.
  284. 11:50"Detective Patterson, moving right
  285. 11:52along, will you tell the jury whether or
  286. 11:54not your attention was directed to this
  287. 11:57mailbox in the parking area immediately
  288. 11:59in front of it?"
  289. 12:01"Well, not to the mailbox." Okay. To the
  290. 12:04parking area immediately in front? Tell
  291. 12:08the jury where your attention was
  292. 12:10directed. We'll make it easy.
  293. 12:12Okay. "A lady had called out and asked
  294. 12:15me, she said that she wanted to talk to
  295. 12:17an officer. And so I walked over there."
  296. 12:20You talked to her, didn't you? Yes, sir.
  297. 12:23And you made a note in your supplemental
  298. 12:25report, didn't you? "Yes, I made a
  299. 12:28note." Yes, sir. Okay. And in that note,
  300. 12:31you said that there had been Mr. Davis
  301. 12:34says, "I'm going to object to that." Mr.
  302. 12:37Mulder says, "A black car that night."
  303. 12:39Mr. Greg Davis says, "Judge, please, I'm
  304. 12:41going to object to this." Mr. Mulder
  305. 12:44says, "Judge, let me finish my
  306. 12:45question." The court says, "Let him
  307. 12:47finish his objection, please." Mr. Davis
  308. 12:50says, "I'm going to object to that as
  309. 12:52being hearsay and referring to documents
  310. 12:54not in evidence."
  311. 12:55And the court says, "All right. Well,
  312. 12:58let's All right. Well, I'll sustain that
  313. 13:00objection and let's phrase our questions
  314. 13:02properly, please. If you want to put the
  315. 13:04document in evidence, then let's do so.
  316. 13:07I assume you are referring to
  317. 13:09defendant's exhibit number 75?" Mr.
  318. 13:12Mulder says, "Judge, that was
  319. 13:14defendant's exhibit number 72."
  320. 13:17The court says, "I mean defendant's
  321. 13:18exhibit number 72." Mr. Mulder says,
  322. 13:21"Judge, I'm not suggesting that I put
  323. 13:23his entire report in and I don't mind
  324. 13:26giving him his report to refresh his
  325. 13:28memory."
  326. 13:29The court says, "Well, I think if you
  327. 13:31will just phrase the questions properly,
  328. 13:33then we will move on. Let's go ahead,
  329. 13:35please." Mr. Mulder continues. "All
  330. 13:38right. Well,
  331. 13:40All right. Again, as a result of your
  332. 13:42conversation with the lady, where was
  333. 13:45your attention directed in this enlarged
  334. 13:48What would you call that area? A
  335. 13:50residential area. Well, yes." The court
  336. 13:53says, "You might speak a little bit
  337. 13:55louder because the last two jurors have
  338. 13:58to hear you down there. Just speak into
  339. 14:00that mic so they can hear you." Mr.
  340. 14:02Mulder then continues.
  341. 14:04"What would you call this area? Is this
  342. 14:06a little parking area? Yes, sir, I would
  343. 14:09call it a street." Okay.
  344. 14:11"And would you call this a parking area
  345. 14:14in the street or not?" "Well, no, sir, I
  346. 14:17wouldn't." What would you call it?
  347. 14:19"I would call it a street." Okay.
  348. 14:22But people parked along the curb side.
  349. 14:24Yes.
  350. 14:25Okay. This appears to be a car headed
  351. 14:28in. Is that right? Yes, sir. Okay. And
  352. 14:31do people park in that fashion? Yes,
  353. 14:34sir. Okay. And will you tell us and tell
  354. 14:37the jury what your conversation with the
  355. 14:39lady was about, please, sir?
  356. 14:41"She asked to speak with an officer and
  357. 14:44so I walked over there and she said
  358. 14:46something to the effect that she had saw
  359. 14:48a car." The court then says, "The jurors
  360. 14:51cannot hear you on the end down there."
  361. 14:53The witness then says, "that she had saw
  362. 14:56a car leaving that scene as the police
  363. 14:59and the fire department had arrived or
  364. 15:01right after they had arrived." Mr.
  365. 15:04Mulder asks,
  366. 15:05"And she also told you that she was
  367. 15:08familiar with the cars in the
  368. 15:10neighborhood, didn't she?"
  369. 15:11"No, sir, I don't recall her telling me
  370. 15:13that." Okay. You made a note of that in
  371. 15:16your report, did you, that your
  372. 15:18conversation with the lady? "Yes, sir."
  373. 15:21Did you later on that afternoon have an
  374. 15:23occasion to you or one of the police
  375. 15:26officers there to talk with a Karen Neil
  376. 15:30in regards to a small
  377. 15:32black car that had passed through the
  378. 15:35neighborhood that afternoon? "I did
  379. 15:37not." Do you know if anybody else did?
  380. 15:40"No, sir, I do not." Would it be your
  381. 15:42responsibility as the primary officer in
  382. 15:45charge of this case to find those things
  383. 15:48out? I mean, would you be the center
  384. 15:51where the information is funneled into?
  385. 15:53"Yes, sir." Okay. And I take it that
  386. 15:57this report over here, defendant's
  387. 15:58exhibit number 72, is an accumulation of
  388. 16:02reports that other people have filled
  389. 16:04out and submitted to you? "That's
  390. 16:06correct."
  391. 16:07So, you would, for lack of a better
  392. 16:09word, be the central information
  393. 16:11clearinghouse, I guess, in this case,
  394. 16:13for lack of a better description?
  395. 16:16"I could, yes, sir." Okay.
  396. 16:18You would be the one who ought to be
  397. 16:20familiar with whatever is going on in
  398. 16:23this particular case, right?
  399. 16:25"Well, you have to understand that, you
  400. 16:28know, I'm not going to remember
  401. 16:30everything and that, you know, I did
  402. 16:32look over the reports." Okay. I mean,
  403. 16:35that is the reason we make reports,
  404. 16:37isn't it? Because we can't be expected
  405. 16:39to remember everything. "Well, that is
  406. 16:42to refresh our memory." Yes, sir.
  407. 16:44And like you have so skillfully pointed
  408. 16:47out, had it not been for the paramedics'
  409. 16:50reports, you wouldn't know what any of
  410. 16:52the paramedics did out there, would you?
  411. 16:55"That's correct." Because you have not,
  412. 16:58to this date, talked to any of them,
  413. 17:00have you? "No, I have not." Okay. So,
  414. 17:04you don't know which ones were in the
  415. 17:06house, whether they were all in the
  416. 17:08house or what parts of the house they
  417. 17:10went into or what they did while they
  418. 17:12were there, do you?
  419. 17:14"Well, by their notes, I do know."
  420. 17:17Oh. They all addressed that, as to where
  421. 17:20they went in the particular house and
  422. 17:22what they did?
  423. 17:23"They addressed what they did." Yes.
  424. 17:26Okay. But they don't address where they
  425. 17:28went in the house, do they? "No, sir, I
  426. 17:31don't believe so." All right. And you
  427. 17:34didn't think that that was important to
  428. 17:35you, I guess, in evaluating the case or
  429. 17:39you would have interviewed them?
  430. 17:41"They have been interviewed." But not by
  431. 17:43you?
  432. 17:44"But not by me." Okay. Did you interview
  433. 17:46the officers that were first on the
  434. 17:48scene? "I read their notes." Okay. So,
  435. 17:52your knowledge of what their activities
  436. 17:54were, of course, would be limited by the
  437. 17:56notes that they prepared. Yes, sir.
  438. 17:59Okay. And if a witness or a participant
  439. 18:02in the investigation of this case did
  440. 18:04not prepare a report, of course, there
  441. 18:07would be nothing for you to review,
  442. 18:10would there? Does that make sense?
  443. 18:12"Well, I don't understand what you are
  444. 18:14saying."
  445. 18:15All right. Well, if a participant in the
  446. 18:18investigation made no report, either
  447. 18:20because he was directed by the district
  448. 18:23attorney or someone else not to prepare
  449. 18:26a report, there would be, of course,
  450. 18:29nothing for you to review, would there?
  451. 18:32"Well, I don't think anyone is going to
  452. 18:34tell someone not to prepare a report."
  453. 18:37Well, that would be mighty poor police
  454. 18:39work, wouldn't it, in your judgment?
  455. 18:42"Maybe in some cases, yes." Okay. You
  456. 18:45don't really want to commit to that one?
  457. 18:48"Well, no, I do not because I really
  458. 18:50don't understand what you are asking
  459. 18:52me."
  460. 18:53Well, I'm saying this as simply as I
  461. 18:55can, that it would be very poor police
  462. 18:57work not to prepare a report, would it
  463. 19:01not?
  464. 19:02"Well, that depends on what you are
  465. 19:04doing and what, you know, and what you
  466. 19:06did in this case." Well, okay. If you
  467. 19:10didn't want anybody to find out about
  468. 19:12it, it would be a great idea, I guess.
  469. 19:16"Well, we are not going to do that. We
  470. 19:18write our notes and we make supplements
  471. 19:20to these reports." Okay.
  472. 19:23Did you make a supplement to your report
  473. 19:26when you all met down at the courthouse
  474. 19:29and everyone took the witness stand and
  475. 19:31testified as regards to what they did in
  476. 19:34this particular case?
  477. 19:35"Did I take notes?" Yeah. Did you make
  478. 19:38notes on that? "No, sir." Okay. Why was
  479. 19:42that?
  480. 19:43"I didn't see any need in taking notes."
  481. 19:45Okay. And I take it you testified in
  482. 19:48that event? No, sir. But you were there
  483. 19:51and listened to everyone else? I was
  484. 19:53there, and we talked about our case.
  485. 19:55Yes. Okay.
  486. 19:57Was there someone on the bench in lieu
  487. 19:59of the judge?
  488. 20:01Well, there was someone sitting up there
  489. 20:03in the judge's chair. Okay, well, just
  490. 20:05by coincidence or do you Well, I don't
  491. 20:08know why.
  492. 20:10You never did figure out why? No, sir.
  493. 20:12All right. Well, let's just see if we
  494. 20:14can't figure out why. You know what
  495. 20:17circumstantial evidence is, don't you?
  496. 20:20Yes, sir. Okay, was there someone in the
  497. 20:22prosecutors at the prosecutor's desk in
  498. 20:25the courtroom? Yes, sir. And was there
  499. 20:27someone at the defense table, a lawyer?
  500. 20:30Yes, sir.
  501. 20:31And was there someone up on the bench in
  502. 20:33the judge's position? Yes, sir. And was
  503. 20:36there someone on the witness stand where
  504. 20:38you are right now? Yes, sir.
  505. 20:41And did the prosecutor ask them
  506. 20:43questions? Yes, sir. And did the defense
  507. 20:46lawyers ask them questions? Yes, sir.
  508. 20:49Now, circumstantially
  509. 20:51do you think that we could put those
  510. 20:54circumstances together and figure out
  511. 20:56that they were conducting a mock trial?
  512. 20:59I think what we were doing is that we
  513. 21:01were just trying to make sure Well, we
  514. 21:03wanted to make sure that the prosecutors
  515. 21:05knew what we knew. Okay.
  516. 21:08And it helped, I guess, to make sure
  517. 21:10that the other officers knew everything
  518. 21:13that you
  519. 21:14Well, I don't know about that. You don't
  520. 21:17know about that. Okay.
  521. 21:19Now, at any rate, after you had talked
  522. 21:21to the lady at the curbside there in
  523. 21:24what you termed to be the street and I
  524. 21:27would call an enlarged, maybe elbow of
  525. 21:30the street did you then leave to go to
  526. 21:33Baylor Hospital? No, sir. What did you
  527. 21:36do? There was another lady that came up,
  528. 21:39and I talked to her for a few minutes.
  529. 21:41Okay. And who might that have been?
  530. 21:43Her name was Barbara Jovell. Okay. And
  531. 21:46did you engage her in a conversation as
  532. 21:49regards to a black car?
  533. 21:51She had mentioned that her mother had
  534. 21:53seen a black car. Okay. When in time had
  535. 21:57her mother seen a black car?
  536. 21:59The way she described it, it was earlier
  537. 22:02on the 5th. Just the day before? Yes,
  538. 22:05sir. And in fact, less than 8 hours
  539. 22:08earlier. Would that be about right? No,
  540. 22:10sir. I don't know about what time, but
  541. 22:13it was more than 8 hours earlier. Okay.
  542. 22:179 hours, 10 hours? I don't know.
  543. 22:20When did she tell you that?
  544. 22:22When I talked to Barbara Jovell, which
  545. 22:25was sometime between 3:35 and 4:00. We
  546. 22:29tried to contact her mother, but her
  547. 22:30mother I could not understand what she
  548. 22:33was saying. Okay. Did you understand
  549. 22:36that being a detective out there, I
  550. 22:37guess you would want to know where she
  551. 22:39saw the car, wouldn't you? Yes, sir. And
  552. 22:42what the car was doing? She didn't know
  553. 22:45what the car was doing. All right. But
  554. 22:48you would want to know what she thought
  555. 22:50the car was doing that was suspicious,
  556. 22:53right? Yes, sir. I mean, it had to have
  557. 22:56been doing something that I mean, there
  558. 22:58are a lot of cars out there. Can we
  559. 23:00agree on that?
  560. 23:01Well, there's a lot of cars that drive
  561. 23:03out there. Yes. Okay, and most of them
  562. 23:06we aren't going to think anything about
  563. 23:08them because they don't do anything to
  564. 23:10attract our attention, right? Right. So,
  565. 23:13this had to be one that attracted her
  566. 23:15attention, right?
  567. 23:18Well, she told us about it. Yes, sir.
  568. 23:20Okay, and where did she tell you that
  569. 23:23car was?
  570. 23:24My understanding was it was in the
  571. 23:27alleyway behind the house. Okay.
  572. 23:30Is this the alleyway behind the house?
  573. 23:32Yes, sir, it is.
  574. 23:34This is the alleyway behind the house?
  575. 23:36Right, that's correct. All right.
  576. 23:39And you understood it was in the
  577. 23:41alleyway behind the house and apparently
  578. 23:44doing something that was
  579. 23:46or at least she thought it was
  580. 23:48suspicious. Is that right?
  581. 23:50Well, the only thing she could say is
  582. 23:53that it was a car behind the house and
  583. 23:55going through the alleyway.
  584. 23:57Well, of course, a car behind the house
  585. 24:00going through the alleyway ordinarily
  586. 24:03wouldn't be suspicious, would it? No, it
  587. 24:06would not be. All right. So, there must
  588. 24:08have been more to it than that to have
  589. 24:10attracted her attention and to have her
  590. 24:13She never did tell me. She wouldn't tell
  591. 24:16you? She didn't tell me. All right, well
  592. 24:20after that, did you then leave for the
  593. 24:22hospital without talking to anyone
  594. 24:24further? Yes, sir. Okay, and where did
  595. 24:27you go, Detective Patterson, when you
  596. 24:29arrived at the hospital?
  597. 24:31To the emergency room. Okay. And who did
  598. 24:34you see there?
  599. 24:36I first met up with a uniformed officer
  600. 24:38who had directed me to where Detective
  601. 24:40Frost was. All right. And did you find
  602. 24:44where Detective Frost was? Yes, sir. All
  603. 24:47right. And about what time did you
  604. 24:49arrive at Baylor Hospital? About 4:30
  605. 24:53a.m. Okay.
  606. 24:55And did you determine that Darlie
  607. 24:57Routier had already arrived there? Yes,
  608. 25:00sir. Okay. And did you determine what
  609. 25:03time she had arrived there? No, sir, I
  610. 25:06did not. Okay. Did you determine that
  611. 25:09her youngest son, Damon Routier, had
  612. 25:11arrived at Baylor Hospital? Yes, sir.
  613. 25:14Did you determine what time he had
  614. 25:16arrived? No, sir, I did not. Did you
  615. 25:19determine at what time either one of
  616. 25:21them left the Eagle Drive address?
  617. 25:24No, sir. It didn't seem to be important?
  618. 25:27I'm not saying it didn't seem to be
  619. 25:29important. I didn't ask. Okay, did you
  620. 25:31ask later on? No, sir. So, it never has
  621. 25:35seemed important?
  622. 25:37No, I'm not saying it didn't seem
  623. 25:40important. It just wasn't a question
  624. 25:42that I asked.
  625. 25:44Well, I mean you have not asked to this
  626. 25:47moment, have you? Well, no, sir.
  627. 25:50So, apparently it's not important to you
  628. 25:53even now.
  629. 25:54Well, it's on the fire department's run
  630. 25:56sheet. Did you look at it there?
  631. 25:59I reviewed the run sheet, but I don't
  632. 26:01know what time they left. Okay. Well,
  633. 26:04would you tell the jury what time they
  634. 26:06arrived at Baylor Hospital? I just told
  635. 26:08you I don't know. All right. Well, at
  636. 26:11any rate, did you proceed to where
  637. 26:13Detective Frost was? Yes, sir. And where
  638. 26:16was he? He was in a waiting room where
  639. 26:19Daren Routier was. Okay, all right. And
  640. 26:22just the two of them? No, there was
  641. 26:24another person there. I believe his name
  642. 26:26is Terry Neil. Okay.
  643. 26:29He is Detective Frost's cousin by
  644. 26:32marriage, is he not?
  645. 26:34I don't know what he is to Detective
  646. 26:36Frost. Okay. You have never talked with
  647. 26:39Detective Frost about that?
  648. 26:41He made mention that he was some
  649. 26:44relative, but I don't know what. Okay.
  650. 26:48At any rate, did you interview Daren
  651. 26:50Routier at that time? Yes, sir. And how
  652. 26:53long did you and Detective Frost, in the
  653. 26:55presence of Detective Frost's relative
  654. 26:58talk with Daren Routier?
  655. 27:00We didn't. You didn't talk with him? I
  656. 27:04didn't talk to Daren Routier in front of
  657. 27:06Mr. Neil. No. Well, why is that? Well,
  658. 27:10we had asked Mr. Neil to step out of the
  659. 27:12room. Okay. So, both you and Detective
  660. 27:15Frost were there. Is that right? In the
  661. 27:17waiting room with Daren? Yes, sir. Yes,
  662. 27:20sir. All right, and you interviewed him
  663. 27:23at that time. Is that right? Yes, sir.
  664. 27:26Okay. And I assume that you took notes
  665. 27:29of that interview. Yes, sir. Okay, and
  666. 27:32where are Are your notes in this?
  667. 27:34No, sir. Where are your notes? Back
  668. 27:37there in the office. Could you get those
  669. 27:39notes for us, please, sir? Yes, sir.
  670. 27:42Okay, thank you. Would you The notes are
  671. 27:45not part of your file. Is that right?
  672. 27:47No, they are not. Okay. Would you just
  673. 27:50Whatever you have, would you bring them
  674. 27:52on out here, and I'll save you a trip.
  675. 27:55Yes, sir, I will bring them all. Okay,
  676. 27:57thank you, Detective Patterson.
  677. 27:59All right, in your presence, I'll mark
  678. 28:02this for identification and record
  679. 28:04purposes as defendant's exhibit number
  680. 28:0673. And that is a number of stapled
  681. 28:10notebook sheets. Is that correct? Yes,
  682. 28:12sir. And this contains all of the notes
  683. 28:15that you have made in this particular
  684. 28:17case. Yes, sir. When were these notes
  685. 28:20made, Detective Patterson?
  686. 28:23They have been made at different times.
  687. 28:25Okay. I figured that out that they were
  688. 28:28made at different times, but did you
  689. 28:30date them? Some of them is dated, and
  690. 28:33some of them are not.
  691. 28:35Well, why wouldn't you date all of the
  692. 28:37reports? Well, I just didn't date them.
  693. 28:40Well, why? I don't have a reason. I just
  694. 28:44didn't date them. Well, you knew what
  695. 28:46the date was, didn't you?
  696. 28:49I know what the date is going to be. All
  697. 28:51right.
  698. 28:53But how many did you date, and how many
  699. 28:55did you not date?
  700. 28:57Well, there's a few pages that are
  701. 28:59dated, and a few pages that are not
  702. 29:01dated. Okay.
  703. 29:03Now, let me hand you back what has been
  704. 29:05marked for identification and record
  705. 29:07purposes as defendant's exhibit number
  706. 29:0973. And will you tell the jury which of
  707. 29:13the pages of your personal notes are
  708. 29:15dated?
  709. 29:16Page number one has a date. What is the
  710. 29:19date on page number one? June the 6th,
  711. 29:221996.
  712. 29:24And that relates to your conversation
  713. 29:26with a Nelda Watts? Yes, sir, it does.
  714. 29:29All right, and it has the time? Yes,
  715. 29:31sir. What time? 3:45 a.m. All right. And
  716. 29:36I assume that you put down everything
  717. 29:38that was relevant in that conversation
  718. 29:40that you had with her? Yes, sir. Okay.
  719. 29:43And then the next one is Barbara Jovell?
  720. 29:45Yes, sir. All right, and what time is
  721. 29:48that?
  722. 29:49June the 6th, 1996 at 3:54 a.m. Okay.
  723. 29:54And what is the next page that is dated?
  724. 29:57June the 6th, 1996. Okay. And does that
  725. 30:01have someone's name on it or relate to a
  726. 30:04conversation? Yes sir, it does.
  727. 30:07And who might that be, please, sir?
  728. 30:10Teresa Marie Powers. Okay, Teresa?
  729. 30:13Teresa Powers? Teresa Powers? Yes sir.
  730. 30:16And what is the date and time of that?
  731. 30:20June 6th, 1996 at 4:36 a.m.
  732. 30:24And who is the Teresa Powers?
  733. 30:27A nurse at Baylor Hospital. All right,
  734. 30:30so by that time we can assume that you
  735. 30:32are at Baylor Hospital. Yes sir. Okay.
  736. 30:35Do you find any other notes in there
  737. 30:37that are dated? Excuse me, I think there
  738. 30:40is a medical it says ME office. And it
  739. 30:43has the date, but nothing written.
  740. 30:46It has the date on there.
  741. 30:48Is that what I am holding up here? Yes
  742. 30:50sir. Where it just says 5:44 a.m.
  743. 30:54and 6 6 96 ME office? Right. Does that
  744. 30:59mean you were at the ME office? No sir.
  745. 31:02What does it mean?
  746. 31:04That means that that is what time that I
  747. 31:06talked to someone at the ME's office
  748. 31:09from the hospital.
  749. 31:10Can you tell who you talked to?
  750. 31:13I don't remember her name. But you can
  751. 31:16remember that it was a female? Yes sir.
  752. 31:19But didn't write any notes other than
  753. 31:21that? No sir, I didn't. Okay.
  754. 31:24So other than that sheet, the only other
  755. 31:28notes that are dated and timed are this
  756. 31:31second sheet you said and this first
  757. 31:34sheet. Is that right?
  758. 31:36Can I finish looking at that? You bet.
  759. 31:39And there's some date on these last the
  760. 31:43date and time are on these last three
  761. 31:45pages.
  762. 31:47Are you talking about a report that you
  763. 31:49did? Yes sir. That was a supplemental
  764. 31:51report. Right? Okay.
  765. 31:54Did you take I guess the way we got into
  766. 31:57this and I have not asked for them. But
  767. 32:01you said you took notes about your
  768. 32:02conversation with Daron Routier.
  769. 32:05Actually, well, yes, there is notes in
  770. 32:08there. Yes sir. Okay. Could you point me
  771. 32:11to that part, please, sir? Okay. Are you
  772. 32:15referring to a supplemental report? Yes
  773. 32:17sir. You didn't have a laptop computer
  774. 32:20or a typewriter with you?
  775. 32:22Not with me, no. Okay.
  776. 32:25But I thought you said you took notes. I
  777. 32:27did. Where are the notes?
  778. 32:30That is this right here.
  779. 32:32Well, that is typed.
  780. 32:34Okay, I didn't take handwritten notes.
  781. 32:37Oh, you took mental notes.
  782. 32:40You mean we have been going through this
  783. 32:41exercise and you have been telling me
  784. 32:43all along that the notes you took were
  785. 32:46simply mental notes? Yes sir. Okay.
  786. 32:50And those I guess were those timed and
  787. 32:52dated? My mental notes? Mhm.
  788. 32:56Well, I have dates and times on there.
  789. 32:58Okay, but the notes that you took
  790. 33:02that you were telling us about when you
  791. 33:04interviewed Daron Routier were mental
  792. 33:07notes? Correct. Okay, all right now.
  793. 33:11How long did you talk to Daron Routier?
  794. 33:1420 or 30 minutes. Okay.
  795. 33:17And had he been interviewed by Chris
  796. 33:19Frosh prior to the time that you got
  797. 33:22there? Yes sir.
  798. 33:24And do you know how extensive he had
  799. 33:26been interviewed? No sir. Okay, you
  800. 33:28didn't talk to Detective Frosh and find
  801. 33:31out?
  802. 33:32I talked to him briefly, yes.
  803. 33:34Before or after you interviewed Daron?
  804. 33:38Before. Okay. Where did you talk to him?
  805. 33:41In the presence of Daron?
  806. 33:43No, just right outside the waiting room.
  807. 33:46Of course you didn't make any written
  808. 33:47notes on that, did you? I did not, no.
  809. 33:51All right. Now you proceeded from there
  810. 33:55to where after you had interviewed Daron
  811. 33:58Routier?
  812. 34:00Then I went back and went into the room
  813. 34:02where Damon Routier was.
  814. 34:05About what time was this, Detective
  815. 34:08Patterson? Sometime just before 6:00
  816. 34:10a.m. Okay. So about what if you arrived
  817. 34:14out at the hospital at what time? About
  818. 34:174:30. Okay. And you talked to Daron for
  819. 34:20half an hour or so? Yes sir.
  820. 34:23Would it now be 5:00 or thereabouts?
  821. 34:26Or a little after?
  822. 34:28Where did you go from your interview
  823. 34:29with Daron Routier?
  824. 34:31I went to the room where Damon Routier
  825. 34:33was. Okay. And did you view his body?
  826. 34:36Yes sir. And how long did that take?
  827. 34:40I can't give you a time. I was in there
  828. 34:42a few minutes before I notified the
  829. 34:45crime scene officer. Okay.
  830. 34:47And where did you go from there?
  831. 34:49From where?
  832. 34:51From the room where Daron Damon Routier
  833. 34:54was. Well, he was in a room that is
  834. 34:57there attached to the emergency room and
  835. 34:59I just went outside and made a phone
  836. 35:01call. Okay. And who did you call?
  837. 35:04I called the dispatch Rowlett police
  838. 35:07dispatch and asked for a crime scene
  839. 35:10unit. Okay. And who did you talk with? I
  840. 35:13do not remember. Okay. Where did you go
  841. 35:16from there?
  842. 35:17You were outside and you were on the
  843. 35:19phone. You finish your phone
  844. 35:21conversation. Where did you go next?
  845. 35:24Back in there and talked to Frosh for a
  846. 35:27little bit.
  847. 35:28By this time, what time is it? I don't
  848. 35:30know. After 5:00?
  849. 35:33Well, it's after 5:00. Yes, it's just
  850. 35:35shortly before 6:00. Okay. So you talked
  851. 35:39with Frosh. Now during your interview
  852. 35:41with Daron Routier, did Detective Frosh
  853. 35:44take any notes? Yes sir. And in your
  854. 35:47presence? Yes sir. Written notes?
  855. 35:51Written notes? I can't say for sure. I
  856. 35:53don't know. Okay, all right. And I mean
  857. 35:56is there some reason that you all didn't
  858. 35:58take written notes? No sir.
  859. 36:01I mean I guess I wouldn't know enough
  860. 36:03not to take notes. Is that a bad
  861. 36:05practice to take notes?
  862. 36:07I don't think so, no.
  863. 36:09But you just take them sometimes and
  864. 36:11sometimes you don't? Well, in this case
  865. 36:14I didn't take any notes, no.
  866. 36:16Okay, so at any rate, after you have
  867. 36:19conferred with Detective Frosh, where
  868. 36:22did you next go?
  869. 36:24I waited on a crime scene unit and he
  870. 36:26arrived. At which point we went back
  871. 36:29into where Damon was and we took
  872. 36:31photographs. Okay, of Damon's injuries.
  873. 36:35Okay.
  874. 36:36You said we did. Are you saying that
  875. 36:39someone else did it in your presence?
  876. 36:42Right. Do you remember who did it? Yes,
  877. 36:45that was Officer Dwayne Bedingfield. All
  878. 36:48right. And what happened after that?
  879. 36:51At which time the family arrived, they
  880. 36:54wanted to see Damon and we let Miss
  881. 36:57Darley Key go in there for just a moment
  882. 37:00and then she left. Okay. And then what
  883. 37:03did you do?
  884. 37:04We found out that we could go talk to
  885. 37:06Darley Routier. Okay. And had you left
  886. 37:09instructions with Daron not to leave the
  887. 37:12room that he was in or was he free to
  888. 37:15leave or what were your instructions to
  889. 37:17him?
  890. 37:18Well, I don't recall telling him that he
  891. 37:20couldn't leave. Okay. So as far as you
  892. 37:24were concerned, he was free to leave?
  893. 37:26Yes sir. You didn't tell him anything to
  894. 37:28the contrary?
  895. 37:30No sir, not that I recall.
  896. 37:32Well, that is something you would
  897. 37:33recall, isn't it? Well, I don't remember
  898. 37:36telling him he couldn't leave, no.
  899. 37:39How about Detective Frosh? I don't know.
  900. 37:42Not to your knowledge? I mean he didn't
  901. 37:45tell him he couldn't leave to your
  902. 37:47knowledge, did he?
  903. 37:48I don't know if he did or not. Okay. At
  904. 37:51any rate, who told you that you could
  905. 37:54see Darley Routier?
  906. 37:56I believe it was an officer by the name
  907. 37:58of Phyllis Jackson. Okay.
  908. 38:00Was she a young lady who worked there at
  909. 38:03Baylor Hospital? As a policeman? Yes
  910. 38:05sir.
  911. 38:06Part of the Baylor private police
  912. 38:09personnel? Yes sir. Okay.
  913. 38:11And about what time was it when you went
  914. 38:14up to see Darley Routier? About 6:11.
  915. 38:18Okay. And who was present when you
  916. 38:21interviewed her? Detective Frosh and a
  917. 38:24nurse by the name of Chris and I can't
  918. 38:26recall his last name. But a male? Yes
  919. 38:29sir.
  920. 38:30Okay, just the three of you? You, Frosh,
  921. 38:33the nurse and Darley Routier?
  922. 38:36That is all that was in there that I
  923. 38:38saw. Yes. Okay. Anybody else? You would
  924. 38:41have seen them?
  925. 38:42Well, we were behind somewhat behind the
  926. 38:45curtain. I couldn't see the front door
  927. 38:47or the door leading into the hallway.
  928. 38:50All right. Do you know whether or not
  929. 38:52Darley Routier had been medicated? I do
  930. 38:54not know. She was there in the hospital,
  931. 38:57correct? Correct. She had injuries that
  932. 39:00you reviewed? Yes sir. Did you
  933. 39:03were you advised that she had just come
  934. 39:05out of surgery? Yes sir. Okay. And
  935. 39:08again, as a detective
  936. 39:10wouldn't you put two and two together
  937. 39:12and figure that she had in fact been
  938. 39:14medicated?
  939. 39:16Well, I don't know. You didn't know? No.
  940. 39:20And I take it that you didn't make any
  941. 39:22inquiry as to whether or not she had
  942. 39:24been medicated? No.
  943. 39:26And you didn't think that that might be
  944. 39:29important when you interviewed her?
  945. 39:31What I did was I asked her if she was
  946. 39:34okay and felt well enough to talk to us
  947. 39:37and she said she did. Okay, she was
  948. 39:40cooperative, wasn't she? Yes sir. And as
  949. 39:43a matter of fact, answered all of your
  950. 39:45questions, didn't she? Yes, sir. Okay.
  951. 39:48Did you take notes of that conversation?
  952. 39:51No, sir. Okay.
  953. 39:53Detective Frost took the notes. And you
  954. 39:56know, of course, that he took them and
  955. 39:58recorded them accurately? Yes, sir.
  956. 40:00Okay. Even though you didn't take any
  957. 40:03notes yourself? No, because I told Frost
  958. 40:06that I was going to ask the questions
  959. 40:08while he took the notes. Okay.
  960. 40:10And you were not under any time
  961. 40:12restraints, were you? No, sir. Okay. So,
  962. 40:16you could have talked to her, I guess,
  963. 40:18as long as she was willing to talk to
  964. 40:20you? Yes, sir.
  965. 40:22And she was willing to talk to you as
  966. 40:24long as you asked her questions, she
  967. 40:26would answer, wouldn't she?
  968. 40:28She answered our questions. Yes, sir.
  969. 40:30How long did you talk to her, Detective
  970. 40:32Patterson?
  971. 40:3420 or 30 minutes. Okay. Did you tell
  972. 40:37Detective Frost to note in his notes
  973. 40:39there the date and time that the
  974. 40:42interview began and the date and time
  975. 40:44when the interview ceased? I did not.
  976. 40:46Okay. Do you know whether he did or not?
  977. 40:49I know that he
  978. 40:51he has the date that we was there and
  979. 40:54the date that we started or that we went
  980. 40:57up there and the time that we went up
  981. 40:59there. As far as him jotting down the
  982. 41:01time we actually started the interview,
  983. 41:04no. He didn't do that? No. And he didn't
  984. 41:07jot down the time that you
  985. 41:10stopped. Stopped the interview? No.
  986. 41:14And I guess you didn't think that was
  987. 41:15important or you would have had him do
  988. 41:18it? Right. I don't see that that had
  989. 41:21anything to do with it. No.
  990. 41:23But at any rate, that conversation
  991. 41:26lasted some 20 or 30 minutes?
  992. 41:28Something like that. Yes, sir. And she
  993. 41:31was cooperative the entire time? Yes,
  994. 41:33sir. Did you ask her what had happened
  995. 41:36or what she recalled? Yes, sir. And what
  996. 41:39did she tell you?
  997. 41:41She told us at that time that an
  998. 41:43intruder had Well, she had awoken to
  999. 41:46find an intruder over her. She struggled
  1000. 41:50with the intruder. She saw him with the
  1001. 41:52knife. I asked her to describe this
  1002. 41:54person, at which time she started to
  1003. 41:57describe the person and I asked her to
  1004. 41:58stop for a minute and let's start from
  1005. 42:01the very top to what he was wearing.
  1006. 42:03Okay. What did she tell you?
  1007. 42:06She said that he was wearing a black
  1008. 42:08cap. And I said, was the bill to the
  1009. 42:11front of the face or was it turned
  1010. 42:13around backwards? And she said the bill
  1011. 42:16was to the front. Okay. I asked her if
  1012. 42:19she remembered seeing any writing on it.
  1013. 42:21She didn't see any writing or no
  1014. 42:24pictures. I asked her if she knew
  1015. 42:26whether it was a fitted cap or if it was
  1016. 42:29one that you had to adjust. She did not
  1017. 42:31know. I asked her from the cap if she
  1018. 42:35could describe his hair and she said it
  1019. 42:37was a dark colored brown that it was
  1020. 42:39shoulder length. It appeared to be
  1021. 42:42straight. I asked her to describe his
  1022. 42:44face and she could not describe any part
  1023. 42:47of the face. I asked her to describe
  1024. 42:50what he was wearing and she said he was
  1025. 42:52wearing a black t-shirt. And I asked her
  1026. 42:55if it was a black pullover t-shirt, a
  1027. 42:57buttoned up t-shirt and she said it was
  1028. 43:00a pullover, that it didn't have any
  1029. 43:02buttons on it, didn't have a collar on
  1030. 43:05it and it was short sleeved. All right.
  1031. 43:08I asked her if it had any writing or
  1032. 43:10designs on it and she didn't see any. I
  1033. 43:14asked her about a belt. She couldn't
  1034. 43:16remember if there was a belt or not. I
  1035. 43:19asked her about his jeans. The blue
  1036. 43:21jeans. I asked her if she could remember
  1037. 43:23if they were blue blue jeans or a
  1038. 43:25different color. She said blue. She
  1039. 43:28couldn't remember any labels on the
  1040. 43:30jeans. Okay.
  1041. 43:33I asked her about his shoes and socks
  1042. 43:36and she didn't remember any shoes or
  1043. 43:38socks. I asked her because of it being a
  1044. 43:41short sleeved t-shirt if she saw any
  1045. 43:44tattoos or scars on his arms and she
  1046. 43:46said no, that she didn't remember any
  1047. 43:49scars or tattoos. Of course, naturally,
  1048. 43:52we think about robbery and I asked her
  1049. 43:55about her jewelry and she said the
  1050. 43:58jewelry she described her jewelry real
  1051. 44:00well and where it was located. And I
  1052. 44:03would have to look at my notes to see
  1053. 44:05what else she said. Okay. Are you
  1054. 44:07talking about your written notes?
  1055. 44:10No, I'm talking about Frost's notes or
  1056. 44:13the supplement.
  1057. 44:14You just made mental notes? Yes, sir.
  1058. 44:17All right.
  1059. 44:19Have you had occasion to review Frost's
  1060. 44:21notes? Yes, sir. Before your testimony?
  1061. 44:24Yes, sir. Yesterday, I suspect. Yes,
  1062. 44:26sir. Okay.
  1063. 44:28When is the last time before yesterday
  1064. 44:30that you reviewed them?
  1065. 44:32The last time I reviewed Frost's notes
  1066. 44:34had been right after he gave them to me
  1067. 44:37months ago.
  1068. 44:38All right. Let me hand you what has been
  1069. 44:41marked for identification and record
  1070. 44:43purposes as defendant's exhibit 72.
  1071. 44:47And you will have his notes in here?
  1072. 44:50Yes, sir. Would you find those for me,
  1073. 44:52please, sir? I mean 72. Okay.
  1074. 44:56And what happened is at this point the
  1075. 44:58judge lets the jury leave the room while
  1076. 45:01Detective Patterson goes and gets his
  1077. 45:03notes or his files, whatever it is that
  1078. 45:05he grabbed. The jury comes back in and
  1079. 45:08everything is resumed back on the
  1080. 45:10record.
  1081. 45:12And Mr. Mulder says, Detective
  1082. 45:14Patterson, while the jury was out of the
  1083. 45:16room, you went through your entire file
  1084. 45:18here, did you not?
  1085. 45:20Yeah, pretty much so. All right. And
  1086. 45:23were you unable to find Chris Frost's
  1087. 45:26notes there?
  1088. 45:28I didn't find them. No.
  1089. 45:30It's your file, isn't it? Yes, sir. All
  1090. 45:33right. You are telling us that Chris
  1091. 45:36Frost's notes are not in your file?
  1092. 45:39I didn't see them in there. Okay. But
  1093. 45:41you reviewed them last night? I did, but
  1094. 45:45I didn't look in that file. I've got a
  1095. 45:47copy of his notes. Where is that?
  1096. 45:50I just gave you two pages. Oh, you are
  1097. 45:53talking about what is written up here?
  1098. 45:56The supplement.
  1099. 45:57Yes. I just gave you two pages of the
  1100. 46:00supplement. Yes, sir. Yes. Okay, well, I
  1101. 46:04was talking about his actual notes.
  1102. 46:07I don't have that. Are you talking about
  1103. 46:09handwritten notes? Yes, sir.
  1104. 46:12I don't have those. Okay. So, what you
  1105. 46:15are telling us, you reviewed You
  1106. 46:17apparently reviewed the report that he
  1107. 46:19made and not his handwritten notes?
  1108. 46:23What I reviewed was he has a supplement
  1109. 46:26and I reviewed his supplement.
  1110. 46:28Okay.
  1111. 46:30Let me hand you what has been marked for
  1112. 46:33identification and record purposes as
  1113. 46:35defendant's exhibits 74 and 75. And I'll
  1114. 46:39ask you if you recognize Chris Frost's
  1115. 46:42handwriting.
  1116. 46:43I'm not sure.
  1117. 46:45Well, I don't know whether you would
  1118. 46:47take my word for it or not, but he
  1119. 46:49handed those to me and told me those
  1120. 46:51were his notes. Okay. Do you have any
  1121. 46:54quarrel with that? No, sir.
  1122. 46:57These are the notes that you saw him
  1123. 46:58taking in the hospital? No, sir. Oh,
  1124. 47:01these are not the notes that he was
  1125. 47:03taking at the hospital?
  1126. 47:06I didn't see what he was taking because
  1127. 47:08where I was standing, I was asking
  1128. 47:10questions and he was kind of standing to
  1129. 47:13my left and I wasn't really paying any
  1130. 47:16attention to him.
  1131. 47:18Well, when you left the hospital,
  1132. 47:20did you review his notes to make sure
  1133. 47:23that he put down what was accurate? No,
  1134. 47:26I did not. Why not?
  1135. 47:29Well, I just didn't review his notes.
  1136. 47:32Well, I mean, you want it to be accurate
  1137. 47:34with what she said, don't you? Yes, sir.
  1138. 47:37Okay, well, I mean, what better way to
  1139. 47:39be accurate than either one, record it
  1140. 47:42with a tape recorder and you could have
  1141. 47:44done that, couldn't you?
  1142. 47:46We could have, but that is not a policy
  1143. 47:49that we use. No. Okay, well,
  1144. 47:52I don't care whether it's a policy or
  1145. 47:54not.
  1146. 47:55I just want to know
  1147. 47:56Well, we care that it's our policy and
  1148. 47:59it's not our policy, so we don't use a
  1149. 48:01tape recorder. Did you have that option?
  1150. 48:04You could have recorded it with a tape
  1151. 48:06recorder?
  1152. 48:07Well, we don't do that.
  1153. 48:09But you could have? We don't do that.
  1154. 48:12Well, the court says, all right, let's
  1155. 48:15move on. I think everybody understands
  1156. 48:17the question and the answer.
  1157. 48:20Mr. Mulder then continues.
  1158. 48:22Well, you could have video recorded it
  1159. 48:25if you had chosen to?
  1160. 48:27But we don't do that. Well, you video
  1161. 48:29record drunk drivers, don't you?
  1162. 48:32That is uniform. That is separate than
  1163. 48:35our division.
  1164. 48:36All right. So, you have the equipment
  1165. 48:38available to you?
  1166. 48:40We have video equipment. Yes, sir. You
  1167. 48:43chose not to do that? No.
  1168. 48:45You chose not to take any notes yourself
  1169. 48:48and you chose not to review your
  1170. 48:50partner's notes.
  1171. 48:52Would you look at those notes now,
  1172. 48:54defendant's exhibit number 74? Would
  1173. 48:56this be the first time that you have
  1174. 48:58looked at them?
  1175. 49:00The first time I have looked at this,
  1176. 49:02yes. All right.
  1177. 49:04The first time that you have ever seen
  1178. 49:05his notes.
  1179. 49:07As regards the conversation that took
  1180. 49:09place at approximately 6:00 on June the
  1181. 49:126th of 1996. Is that right?
  1182. 49:16Do what now?
  1183. 49:18This is the first time that you have
  1184. 49:20reviewed Chris Frost's notes with
  1185. 49:23respect to the conversation between you
  1186. 49:25and Darlene at 6:11 or 6:15 or whatever
  1187. 49:29time it was?
  1188. 49:31I reviewed his notes. I reviewed his
  1189. 49:32supplement.
  1190. 49:34Well, are those the notes that you
  1191. 49:36reviewed? No, I reviewed the typed
  1192. 49:38supplement that he All right, I
  1193. 49:41understand. Would you review his notes,
  1194. 49:44please, sir? Sure. Okay.
  1195. 49:47The court then says, "All right, you may
  1196. 49:49continue, please." And Mr. Mulder says,
  1197. 49:51"Yes, sir." And then continues. Do you
  1198. 49:53feel like you are well enough acquainted
  1199. 49:56with those notes now to answer some
  1200. 49:58questions? Yes, sir. Okay.
  1201. 50:01You had told the jury or given them an
  1202. 50:03account and is it fair to say that notes
  1203. 50:06probably start on this page that I have
  1204. 50:09marked Defendant's Exhibit number 74
  1205. 50:12where it says Baylor Hospital, Baylor
  1206. 50:14Medical Center, Dallas in recovery room
  1207. 50:17approximately 6:11.
  1208. 50:20Do you see that? Would that be fair to
  1209. 50:22say that that is probably where those
  1210. 50:24notes start?
  1211. 50:26Well, no. It looks to me like it started
  1212. 50:29on the first page.
  1213. 50:31Well, but if you will read that, that
  1214. 50:33appears to be an interview with Daryn,
  1215. 50:35isn't it?
  1216. 50:36On the first several pages? Yes, sir.
  1217. 50:39Yes, sir. Okay.
  1218. 50:41These are Detective Frosh's notes and
  1219. 50:44that is probably who you are going to
  1220. 50:45have to ask about that. Okay.
  1221. 50:48Well, inasmuch as you have refreshed
  1222. 50:50your memory from his notes, you have
  1223. 50:53told us about, for example, you gave us
  1224. 50:55a description and that description was
  1225. 50:57based on what Detective Frosh wrote
  1226. 50:59down, I assume. Was it not?
  1227. 51:02The description of what?
  1228. 51:04The description of the assailant that
  1229. 51:06Routier described to you during the
  1230. 51:08morning of June the 6th.
  1231. 51:10And what I can remember? Yes, sir. Okay.
  1232. 51:13Did she tell y'all that the man was
  1233. 51:15possibly black?
  1234. 51:17She did not tell us that morning, no.
  1235. 51:20She had told the uniformed officer.
  1236. 51:24Wonder why he wrote it in his notes up
  1237. 51:26there.
  1238. 51:27Mr. Greg Davis then says, "I'm going to
  1239. 51:30object to that. That is improper
  1240. 51:31impeachment."
  1241. 51:33The court says, "Sustained. Sustained.
  1242. 51:35Let's move on. If you want to call
  1243. 51:36Detective Frosh, then call him."
  1244. 51:39Mr. Mulder says, "Judge, I intend to
  1245. 51:40call him."
  1246. 51:42Well, then fine. Let's move on to what
  1247. 51:44this witness actually knows of his own
  1248. 51:47knowledge. And the witness then says,
  1249. 51:49"That is not what that says." Mr. Mulder
  1250. 51:52says, "Yes, sir." Mr. Mulder then says,
  1251. 51:55"Black cap." Mr. Greg Davis says, "I'm
  1252. 51:58going to object again to him going into
  1253. 52:00that document." And the court says,
  1254. 52:02"Sustained." Mr. Mulder continues.
  1255. 52:05Did he have a black cap on?
  1256. 52:08She says he had a black cap on. Okay.
  1257. 52:12Shoulder-length hair or collar-length
  1258. 52:15hair?
  1259. 52:16What I remember is it was about
  1260. 52:18shoulder-length, excuse me,
  1261. 52:20collar-length.
  1262. 52:22Did she ever describe the assailant as
  1263. 52:24possibly black?
  1264. 52:26I had one of the other supplements from
  1265. 52:28Officer Waddell showed black or white.
  1266. 52:32Okay. Black or white, is that right?
  1267. 52:35Black or white?
  1268. 52:36Now, you were telling us about talking
  1269. 52:39to a lady about an unusual car out
  1270. 52:42there? Yes, sir. And talking to this
  1271. 52:45Barbara Jovell about a car and talking
  1272. 52:47to another lady about a car that was
  1273. 52:50parked in that what you call a street,
  1274. 52:53is that right? Yes, sir. All right. Were
  1275. 52:56there any other people that reported a
  1276. 52:57small black car in or around the Routier
  1277. 53:01home that evening or early morning?
  1278. 53:03Either the evening of June the 5th or
  1279. 53:06the early morning of June the 6th?
  1280. 53:10You will have to ask me that again.
  1281. 53:12Okay.
  1282. 53:13Why was it Why did you care whether
  1283. 53:16there had been mysterious cars or
  1284. 53:18suspicious cars out there?
  1285. 53:20What importance could that have possibly
  1286. 53:22been?
  1287. 53:23Well, at the time we were looking for an
  1288. 53:26intruder. Okay. So, that is what made it
  1289. 53:29important if there were suspicious cars
  1290. 53:31out there, is that right? Yes. Okay. And
  1291. 53:34did you find people who had seen
  1292. 53:37suspicious cars out there? Did we find
  1293. 53:39people? Yes.
  1294. 53:41The lady, Ms. Watts, told me about a
  1295. 53:43car. That is one, but she didn't say
  1296. 53:47black car to me. She just said a car.
  1297. 53:50She said a dark car to one of your other
  1298. 53:53fellow detectives, didn't she?
  1299. 53:56Well, I don't know if it was a dark car
  1300. 53:58or Well, I would have to read that
  1301. 53:59again, but it was a dark car, mid-sized,
  1302. 54:03and then Ms. Jovell was the one that was
  1303. 54:05telling me that her mother had seen a
  1304. 54:07black car in the alleyway. Okay.
  1305. 54:10Well, did anybody tell you that they had
  1306. 54:12seen a car around midnight drive up her
  1307. 54:15alley and look in the garage and turn or
  1308. 54:19toward the garage and turn around and
  1309. 54:22leave and just hanging around in that
  1310. 54:24area, a small black car? Well, yes, sir.
  1311. 54:29That is about a 3-in account. Have you
  1312. 54:31read that?
  1313. 54:32Well, there is a supplement about
  1314. 54:34someone telling a uniformed officer
  1315. 54:36about a car. Okay. It was dated on 6/8.
  1316. 54:40All right. I mean,
  1317. 54:41it is your report, right?
  1318. 54:44Did you find someone who had seen a
  1319. 54:46small car in the alley shortly before
  1320. 54:48midnight, some two or two and a half
  1321. 54:50hours before the attack?
  1322. 54:52I didn't talk to anybody about that.
  1323. 54:55I know, but that report came in to you,
  1324. 54:57didn't it?
  1325. 54:59Which report? That report there shows a
  1326. 55:01different date.
  1327. 55:04Drove by the home slowly. Drove in the
  1328. 55:08alley. Mr. Greg Davis then says, "I'm
  1329. 55:11going to object to that." The court
  1330. 55:13says, "Sustained. Please ask the next
  1331. 55:15question. Please answer all of the
  1332. 55:17questions you know of your own knowledge
  1333. 55:19directly and succinctly and as quickly
  1334. 55:22as possible." The witness says, "Yes,
  1335. 55:24sir." Mr. Mulder continues.
  1336. 55:27Did you say that this is the first time
  1337. 55:29that you have actually seen the spiral
  1338. 55:31notebook with the handwritten notes?
  1339. 55:33Yes, sir. Okay. Now, you were there
  1340. 55:36approximately 20 to 30 minutes. Is that
  1341. 55:39what you have previously testified to?
  1342. 55:41I was where?
  1343. 55:43At the hospital, at Baylor, talking to
  1344. 55:45Darly? Yes, sir. Okay. 20 or 30 minutes,
  1345. 55:49is that right? About that.
  1346. 55:52That is not a trick question. I want to
  1347. 55:54move on.
  1348. 55:55Approximately, yes. Okay. And did you
  1349. 55:58then leave the hospital or did you go
  1350. 56:00back to talk to Daryn?
  1351. 56:02I don't remember talking to Daryn
  1352. 56:04anymore after that. Okay. Did you return
  1353. 56:07to the hospital anymore that day?
  1354. 56:09I don't recall being back at the
  1355. 56:11hospital that day.
  1356. 56:12Of course, you didn't put anything in
  1357. 56:14your notes about it, did you? No, sir.
  1358. 56:17You didn't put anything in your notes
  1359. 56:18about talking to Daryn, did you? Yes,
  1360. 56:21sir. You did. I have a supplement
  1361. 56:24showing I talked to Daryn.
  1362. 56:26Well, but I'm talking about your
  1363. 56:28handwritten notes. I didn't take any
  1364. 56:31handwritten notes not about when I
  1365. 56:33talked to Daryn. Okay. No handwritten
  1366. 56:36notes when you talked to Daryn and no
  1367. 56:38handwritten notes when you talked to
  1368. 56:40Darly? No, on that day. Right. You don't
  1369. 56:44recall returning to the hospital that
  1370. 56:46day?
  1371. 56:47I don't remember coming back to the
  1372. 56:49hospital.
  1373. 56:50Well, does that mean you could have? I
  1374. 56:52could have. Okay, but you wouldn't
  1375. 56:55Of course, there is no way we will know
  1376. 56:57because you don't have any notes. Is
  1377. 56:59that right?
  1378. 57:00I know that I talked to somebody about
  1379. 57:02coming back to the hospital, but I don't
  1380. 57:04remember that I went back to the
  1381. 57:06hospital. All right. When you left the
  1382. 57:09hospital, will you tell the jury where
  1383. 57:11you went that morning? Yes, sir.
  1384. 57:14I went back to 5801 Eagle Drive. Okay.
  1385. 57:18About what time did you get back there?
  1386. 57:21And this is where we're going to leave
  1387. 57:23off. Patterson's testimony lasts for
  1388. 57:26quite some time and we've now moved into
  1389. 57:29the time frame where he has left the
  1390. 57:31hospital and gone back to the house on
  1391. 57:34Eagle Drive and that is where we will
  1392. 57:36pick up in the next episode.
  1393. 57:39So, let's recap what we've learned so
  1394. 57:41far.
  1395. 57:43Mr. Mulder begins by asking if the
  1396. 57:45detective has his case file and his
  1397. 57:48notes with him and he said that he did.
  1398. 57:50So,
  1399. 57:51Patterson tells that he was notified
  1400. 57:54about the crime at around 2:55 in the
  1401. 57:57morning. He arrived on scene about 3:30
  1402. 58:00to 3:35 a.m.
  1403. 58:03He said that some fire personnel and
  1404. 58:05officers were at the scene and said that
  1405. 58:08the medical personnel had been there,
  1406. 58:11but they had left. And he had, I guess,
  1407. 58:15only spoken to a firefighter. He didn't
  1408. 58:18know how many medical personnel had
  1409. 58:20actually been at the scene prior to him
  1410. 58:23arriving. Now, he did not interview any
  1411. 58:26of the medical personnel that had been
  1412. 58:27there, but evidently they had left
  1413. 58:30written statements.
  1414. 58:32It's unknown when they had the time to
  1415. 58:34actually write down these statements. Um
  1416. 58:37Maybe it was after the fact, I don't
  1417. 58:38know, but, you know, here I'm picturing,
  1418. 58:41hey, he shows up, he didn't talk to any
  1419. 58:43of any of them, excuse me, and then
  1420. 58:45says, "Hey, but they left written
  1421. 58:47statements." I mean, it's really It's
  1422. 58:48highly doubtful they sat there and wrote
  1423. 58:50out a statement before they they took
  1424. 58:52care of their patients, right?
  1425. 58:54Patterson then met with the officer in
  1426. 58:56charge when he first got there and that
  1427. 58:58happened to be Sergeant Matt Walling.
  1428. 59:01He then gets a little bit of information
  1429. 59:04and walks around to the backyard and
  1430. 59:07notices that the back gate is open.
  1431. 59:10He kind of glances inside towards where
  1432. 59:12the garage screen was, said he didn't
  1433. 59:15want to walk into the backyard because
  1434. 59:16he was afraid he'd mess up any potential
  1435. 59:19evidence.
  1436. 59:20He then went back around the front and
  1437. 59:23was instructed to then go to the
  1438. 59:25hospital and talk with the witnesses.
  1439. 59:28He literally has to be asked if he spoke
  1440. 59:32to anyone before he left and he said
  1441. 59:34that he talked to one of the fire
  1442. 59:36persons or the
  1443. 59:37paramedics. Now,
  1444. 59:39I thought they had left by that point,
  1445. 59:42but he might be talking about, you know,
  1446. 59:44the paramedics with the fire
  1447. 59:46departments. I'm not sure about this.
  1448. 59:48This is all that he said though.
  1449. 59:50He had to be asked if he spoke to any
  1450. 59:53neighbors and he then admitted that he
  1451. 59:56had, but then Mulder, the defense
  1452. 59:59attorney, kind of calls him out on this
  1453. 1:00:01because he had to be he had to be asked
  1454. 1:00:03about it rather than just flat out give
  1455. 1:00:05Mulder this information.
  1456. 1:00:07So, then we find out that
  1457. 1:00:09Patterson then he talks about a lady
  1458. 1:00:11across the street who was calling to him
  1459. 1:00:14to talk to him.
  1460. 1:00:15And Mulder then begins to ask about this
  1461. 1:00:17black car because that's what this lady
  1462. 1:00:20evidently was telling Patterson about.
  1463. 1:00:23Now, Greg Davis, he objects to this
  1464. 1:00:25multiple multiple multiple times,
  1465. 1:00:28but eventually Mulder is able to get his
  1466. 1:00:31question out.
  1467. 1:00:33He's finally able to ask Patterson what
  1468. 1:00:36the lady that he spoke to told him and
  1469. 1:00:39she evidently had said that shortly
  1470. 1:00:42after the fire departments and the
  1471. 1:00:43police had arrived this car had left.
  1472. 1:00:47Patterson was then asked if he spoke to
  1473. 1:00:49Karen Neil and he said that he had not,
  1474. 1:00:52but then he was asked if he knew who did
  1475. 1:00:55and he said he didn't know, but thought
  1476. 1:00:57it would be in a report, but couldn't
  1477. 1:00:59remember.
  1478. 1:01:00Mulder then points out that even at this
  1479. 1:01:03date at this point in the trial
  1480. 1:01:06Patterson had never ever interviewed or
  1481. 1:01:08spoken to any of the paramedics that had
  1482. 1:01:11been on that scene that night.
  1483. 1:01:14Mulder then brings up the fact that if
  1484. 1:01:17you know, no one ever made a report,
  1485. 1:01:20then Patterson would have nothing to
  1486. 1:01:22review, which Mulder made seem rather
  1487. 1:01:25convenient, right?
  1488. 1:01:27We then learn that before he left for
  1489. 1:01:30the hospital, meaning Patterson, he also
  1490. 1:01:32spoke to Barbara Jovell and you might
  1491. 1:01:34remember her from an earlier episode.
  1492. 1:01:38She was also there and she wanted him to
  1493. 1:01:41know that her mom had seen a black car
  1494. 1:01:43the day before the crime.
  1495. 1:01:46He spoke to Barbara between 3:35 and
  1496. 1:01:494:00 a.m.
  1497. 1:01:51They evidently tried to call Barbara's
  1498. 1:01:53mom
  1499. 1:01:54and talk with her, but Patterson, he
  1500. 1:01:57said he couldn't understand her, but he
  1501. 1:02:00did evidently understand that she had
  1502. 1:02:01seen this car in the alleyway behind the
  1503. 1:02:04house. And according to Patterson, she
  1504. 1:02:07didn't tell him if there was more to
  1505. 1:02:10this black car other than just going
  1506. 1:02:12through the alleyway and then Mulder
  1507. 1:02:14makes an excellent point saying, "Well,
  1508. 1:02:17if it's just a car driving through the
  1509. 1:02:18alleyway, why would she consider that
  1510. 1:02:20suspicious?" Because that happens all
  1511. 1:02:22the time. So, there had to be something
  1512. 1:02:24different about what this black car was
  1513. 1:02:27doing.
  1514. 1:02:29Patterson then said that he went to
  1515. 1:02:31Baylor Hospital about 4:30 in the
  1516. 1:02:33morning and was told where Detective
  1517. 1:02:36Frosh was.
  1518. 1:02:37Uh Patterson never asked as to when
  1519. 1:02:41Darley or either of her children had
  1520. 1:02:43arrived at the hospital
  1521. 1:02:45or even when they left the house. He
  1522. 1:02:47said he never asked, but then said that
  1523. 1:02:49it was on the fire department's run
  1524. 1:02:51sheet.
  1525. 1:02:52He said he looked at it, but didn't know
  1526. 1:02:54what time they left.
  1527. 1:02:56So, when he got to the room where Daron
  1528. 1:02:59and Detective Frosh were, Terry Neil was
  1529. 1:03:02there. Now, this is Karen's husband and
  1530. 1:03:04remember they live across the street.
  1531. 1:03:06And here
  1532. 1:03:07we learn that Frosh and Terry Neil are
  1533. 1:03:11cousins by marriage.
  1534. 1:03:13Now, whether this matters right now or
  1535. 1:03:15in the future, I don't know, but I
  1536. 1:03:17didn't know about this. I thought it was
  1537. 1:03:19kind of interesting.
  1538. 1:03:20He said he went into the room to
  1539. 1:03:23interview Daron and evidently they had
  1540. 1:03:25Terry leave so they could interview
  1541. 1:03:27Daron, but here's the thing. I thought
  1542. 1:03:29that Frosh was already talking to Daron
  1543. 1:03:32by the time Patterson got there and
  1544. 1:03:34Terry was still in the room.
  1545. 1:03:38So, did Terry then hear the questions
  1546. 1:03:41being asked of Daron? Because remember
  1547. 1:03:44Frosh and Terry Neil, they're related.
  1548. 1:03:47So, maybe he felt a little bit more
  1549. 1:03:49comfortable with Terry in the room and
  1550. 1:03:50say, "Hey, I'm just going to go ahead
  1551. 1:03:52and ask these questions." Or or
  1552. 1:03:55they were just all hanging out waiting
  1553. 1:03:57for a second officer to arrive. So,
  1554. 1:04:00there's a little couple of different
  1555. 1:04:01ways you can look at that. So, they had
  1556. 1:04:03Terry leave the room and we learn that
  1557. 1:04:07Patterson then took {quote} notes,
  1558. 1:04:11but and
  1559. 1:04:14seriously
  1560. 1:04:16this is really laughable. He took what
  1561. 1:04:18he called mental notes. He never wrote
  1562. 1:04:21anything down. He later typed it up in a
  1563. 1:04:24supplemental report, but that's it.
  1564. 1:04:27He is then asked if Frosh took notes and
  1565. 1:04:31he said that he did, but he wasn't sure
  1566. 1:04:33if he wrote them down or not.
  1567. 1:04:35You know,
  1568. 1:04:37seriously, this has got to be a joke,
  1569. 1:04:38right? I mean, how do you actually say,
  1570. 1:04:42"I took notes."
  1571. 1:04:44But then to you, your notes are also
  1572. 1:04:46mental notes as well as physical notes.
  1573. 1:04:48I this does not make any sense to me.
  1574. 1:04:51We get more notes from actual notes from
  1575. 1:04:56Detective Patterson when he's on the
  1576. 1:04:57stand
  1577. 1:04:59and he is asked if he has dated these
  1578. 1:05:01notes and he said not all of them. And
  1579. 1:05:05which is true. We learn though that a
  1580. 1:05:07vast majority of his actual physical
  1581. 1:05:10notes that he made aren't even dated at
  1582. 1:05:13all.
  1583. 1:05:14Patterson was evidently told by Phyllis
  1584. 1:05:17Jackson, we also heard from her early on
  1585. 1:05:20in the trial. She is the officer that
  1586. 1:05:22works for Baylor
  1587. 1:05:24um that they could go in and see Darley
  1588. 1:05:27and he's asked if
  1589. 1:05:30he is asked if he told Daron whether or
  1590. 1:05:32not he should stay where he was or if he
  1591. 1:05:35was free to leave and Patterson could
  1592. 1:05:37not remember.
  1593. 1:05:38Now, honestly, if he couldn't remember
  1594. 1:05:40something that simple,
  1595. 1:05:42what makes him think that his memory of
  1596. 1:05:45a 20 to 30-minute conversation with
  1597. 1:05:47Daron is going to be any better when he
  1598. 1:05:50eventually writes his supplemental
  1599. 1:05:52report? Patterson is then asked if he
  1600. 1:05:55knew that Darley had just come out of
  1601. 1:05:57surgery and he said that he did know
  1602. 1:05:59that, but he didn't realize that she
  1603. 1:06:02would have been medicated.
  1604. 1:06:04So, this guy
  1605. 1:06:06he he's got to be playing everyone,
  1606. 1:06:08right? He really can't believe this, can
  1607. 1:06:11he?
  1608. 1:06:12I mean, I yeah, I I really don't know
  1609. 1:06:15what to say about this.
  1610. 1:06:17Darley did agree to speak with both
  1611. 1:06:20Patterson and Frosh and again, no notes
  1612. 1:06:24were taken by Patterson. However,
  1613. 1:06:27this time for some reason Patterson had
  1614. 1:06:29asked Frosh to take physical notes while
  1615. 1:06:33he, Patterson, asked Darley questions.
  1616. 1:06:37Now, why wasn't this done in the case of
  1617. 1:06:39Daron? I'm just curious. I mean, if
  1618. 1:06:41they're doing it for her, why aren't
  1619. 1:06:42they doing it for him?
  1620. 1:06:45Patterson is then given time to find
  1621. 1:06:47these notes that Detective Frosh had
  1622. 1:06:49made while Patterson was interviewing
  1623. 1:06:51Darley and Frosh evidently was writing
  1624. 1:06:53these down and he was not able to locate
  1625. 1:06:55them in his files. He is asked if he
  1626. 1:06:58recorded the conversation and he said,
  1627. 1:07:01"No, because it's not the policy of the
  1628. 1:07:03police department."
  1629. 1:07:05He said that they spoke to Darley about
  1630. 1:07:0820 to 30 minutes in the hospital and
  1631. 1:07:11ironically this is about the same amount
  1632. 1:07:13of time that he said he also spoke to
  1633. 1:07:15Daron approximately. So,
  1634. 1:07:17that's kind of where we're at right now.
  1635. 1:07:19He's covered this.
  1636. 1:07:22They've gone over, "Hey, who took the
  1637. 1:07:24notes? How long was this conversation
  1638. 1:07:25with Darley?" And then asked, "Okay,
  1639. 1:07:27well, what did you do next?" And at this
  1640. 1:07:29point this is when he goes
  1641. 1:07:31back to the house and this is where we
  1642. 1:07:33left off and where we will pick up in
  1643. 1:07:36the next episode.
  1644. 1:07:38But, I would love to know.
  1645. 1:07:41Do you have any thoughts, opinions,
  1646. 1:07:43ideas, suggestions? Am I reading into
  1647. 1:07:46this wrong? About the whole, "Hey,
  1648. 1:07:48mental notes and physical notes." kind
  1649. 1:07:50of thing. Um I just be curious as to
  1650. 1:07:52what your thoughts are about this. So,
  1651. 1:07:55if you have any, please leave them in
  1652. 1:07:57the YouTube comments area for this
  1653. 1:07:59particular episode. I really do want to
  1654. 1:08:02know what you think about this.
  1655. 1:08:04And remember, we're not completely done
  1656. 1:08:06with Patterson. We still have at least
  1657. 1:08:08one more to go in this portion. We then
  1658. 1:08:11move to two additional witnesses and
  1659. 1:08:14then to a third witness, which is Daron,
  1660. 1:08:17and then Jimmy Patterson is actually
  1661. 1:08:18back on the stand followed by
  1662. 1:08:21Officer Chris Frosh. So, that's kind of
  1663. 1:08:24where we're at right now.
  1664. 1:08:26Thank you all so so much for listening.
  1665. 1:08:29I appreciate each and every single one
  1666. 1:08:33of you.
  1667. 1:08:34Again, if you have any comments or
  1668. 1:08:36thoughts or ideas, please leave those in
  1669. 1:08:40the YouTube comment area for this
  1670. 1:08:42particular episode. I would love to read
  1671. 1:08:44them. We will pick up where we left off
  1672. 1:08:47with Detective Patterson in the next
  1673. 1:08:50episode and we will talk very very soon.
  1674. 1:08:54Bye for now.

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