[TRIAL TRANSCRIPT PART 51] - Darlie Routier Trial - Detective Jimmy Patterson Part 1 — Transcript
Full transcript
- 0:02Hello and welcome to the Beathouse 34
- 0:04podcast. I'm your host, Christine Worth.
- 0:08A big and warm welcome to all of our new
- 0:11subscribers. I am so glad that you're
- 0:13here. And to our amazing listeners,
- 0:17thank you so much for your continued
- 0:19support and encouragement. It is so
- 0:23appreciated. You have no idea.
- 0:26Before we get started, this episode is a
- 0:29continuing series on the trial readings
- 0:32for the Darlie Routier case. This is a
- 0:34mother who in 1996
- 0:37was accused and convicted of murdering
- 0:40her two children in Rowlett, Texas, and
- 0:42who currently sits on death row. As soon
- 0:45as these trial readings are finished, I
- 0:47will be back to doing weekly true crime
- 0:50and paranormal cases. So, in the last
- 0:53episode of the Darlie trial, we heard
- 0:57from Luanne Black and Karen Neal. Now,
- 1:00Luanne is Darlie's aunt
- 1:03and Karen Neal was the neighbor and
- 1:06friend of Darlie's and whose house that
- 1:09Daron ran to the night of the crime.
- 1:12It was definitely some very interesting
- 1:15testimony.
- 1:16And if you haven't had an opportunity to
- 1:18listen to that, I highly, highly
- 1:20encourage it.
- 1:22Today, we start off with a new defense
- 1:24witness and this witness will actually
- 1:27It's quite long, this testimony, so this
- 1:29is going to go over a series of
- 1:31episodes.
- 1:32But, the witness is Detective Jimmy
- 1:35Patterson, who was the lead detective in
- 1:39the case.
- 1:40So, with all of that said, let's get
- 1:42started with Detective Patterson's
- 1:45testimony.
- 1:48The direct examination is being done by
- 1:51one of Darlie's defense attorneys, Mr.
- 1:54Douglas Mulder.
- 1:56Would you tell the jury your name,
- 1:58please, sir?
- 2:00And then Mr. Mulder says, "Excuse me,
- 2:02Judge. Are you ready to go?" And the
- 2:04court says, "Well, let's see. We always
- 2:06think we are, but we don't know. I'm not
- 2:08sure this sound system is working here.
- 2:11All right, I think we have that taken
- 2:13care of now." And then Mr. Mulder
- 2:15continues,
- 2:16"Would you tell the jury your name,
- 2:18please, sir?" Jimmy Ray Patterson.
- 2:21Mr. Patterson, you are a police officer?
- 2:25Yes, sir. And you work for Rowlett
- 2:28Police Department? Yes, sir. I do.
- 2:31And what was your position vis-à-vis the
- 2:34Darlie Routier case?
- 2:36I am the lead detective in the case. All
- 2:39right. Well, you left town before we had
- 2:42a chance to talk to you. When did you
- 2:44leave Kerrville? Sometime after 6:00
- 2:47Thursday afternoon.
- 2:49A Thursday afternoon?
- 2:51When did you first come to Kerrville,
- 2:53Mr. Patterson?
- 2:54The first time I came down here was on
- 2:56the 6th.
- 2:58The 6th of January?
- 3:00Yes, sir. Okay. And
- 3:03you were with us until sometime after
- 3:056:00 on Thursday of last week. Is that
- 3:09correct? That's correct. Have you
- 3:11brought your notes with you? Yes, sir. I
- 3:14have. Do you have your case file with
- 3:17you? Yes, sir. Could I see it, please?
- 3:20I don't have it right here with me.
- 3:22Where is it? It's in the back. Could you
- 3:25get it, please? Yes.
- 3:28Let me hand you what has been marked for
- 3:31identification and record purposes as
- 3:33defendant's exhibit number 72, and I'll
- 3:36ask you if that is the notebook that you
- 3:39just handed to me.
- 3:40Yes, sir. It is.
- 3:42And this contains your entire file on
- 3:45Darlie Routier. Is that correct? Yes,
- 3:47sir. You and I have never met, have we?
- 3:51No, sir. We have not. We have never
- 3:53visited about this case, have we? No,
- 3:56sir.
- 3:58Now, when
- 4:00were you first notified that there had
- 4:02in fact been a
- 4:05an assault or a death there at 5801
- 4:08Eagle Drive in Rowlett?
- 4:11June the 6th, 1996 at about 2:55 in the
- 4:15morning. Okay.
- 4:17Were you at home or were you on duty? I
- 4:20was at home. Okay. And as result of
- 4:23that, did you have occasion to get up
- 4:26and get dressed and proceed to that
- 4:28scene? Yes, sir. I did. Okay. About what
- 4:31time did you arrive there? About 3:30,
- 4:353:35. Okay.
- 4:37And who was there when you arrived,
- 4:40Detective Patterson?
- 4:41There was some fire personnel there.
- 4:44There was some uniformed officers at the
- 4:46scene. The lieutenant over CID was at
- 4:50the scene.
- 4:51Who is the lieutenant over CID?
- 4:55His name is Grant Jack. All right. Was
- 4:58he down here for the past 3 weeks as
- 5:00well, along with you? No, sir. Has he
- 5:03been here? Yes, sir. Okay, he is back in
- 5:06Rowlett now, I guess. No, sir. Where is
- 5:09he? He is here now. Oh, he came back
- 5:12down with you?
- 5:13Not with me. He came back down.
- 5:16Who else came down this weekend? An
- 5:18officer, Dwayne Bedingfield, Sergeant
- 5:22David Neighbors, and another detective
- 5:24by the name of Chris Frosh.
- 5:26Just the five of y'all? Yes, sir. Okay.
- 5:30When did y'all get back down here? I got
- 5:32back down here yesterday about 4:00.
- 5:35Okay. When did the others come? Do you
- 5:38know? I'm not sure. Okay. At any rate,
- 5:41you got out there and the medical
- 5:43personnel were there. Is that right?
- 5:46I don't know. No, I think they had
- 5:49already left and I talked to a
- 5:51firefighter. Okay. Do you know how many
- 5:54medical personnel had been there? Not
- 5:57total, no, sir. Okay. I take it you
- 6:00interviewed the paramedics who had been
- 6:01at the scene.
- 6:03They had written a written statement.
- 6:06I mean, does that mean you interviewed
- 6:08them?
- 6:09I did not talk to them personally, no.
- 6:12Did you talk to any of them? No, sir.
- 6:15All right. And you don't know how
- 6:18whether there were eight or nine or 10
- 6:21or you don't know how many there were?
- 6:23I don't recall how many were out there.
- 6:26Okay.
- 6:27What was the first thing you did when
- 6:30you got to the scene?
- 6:31The first thing I did when I arrived at
- 6:33the scene is I met with the officer in
- 6:35charge.
- 6:36And who was that? Sergeant Matt Walling.
- 6:40Okay. And I guess you talked with
- 6:42Sergeant Walling. Yes, sir. Okay, and
- 6:45what is the next thing that you did?
- 6:47He briefed me on what he knew at that
- 6:50time and I just walked up to the front
- 6:52door and there was an officer Wade at
- 6:54the front door. He asked me if I was
- 6:57going inside and I said no. And I just
- 6:59veered inside for a second.
- 7:02You did go inside, did you?
- 7:05No, I did not. I just looked inside from
- 7:07the door from the front porch. I thought
- 7:10you said you veered inside. You peered
- 7:14inside?
- 7:15Yes, sir. I just looked inside. You just
- 7:18looked inside? Yes, sir.
- 7:21And what was the next thing you did?
- 7:23Well, Sergeant Walling had told me about
- 7:26a screen that had been
- 7:28We're not going into what you were told.
- 7:31I asked simply what you did.
- 7:34I walked around to the back and noticed
- 7:37the screen window had been cut. Okay.
- 7:40And when you went around to the back,
- 7:42did you have occasion to look at the
- 7:44back gate? Yes, sir. Okay. And did you
- 7:47notice anything unusual about the back
- 7:50gate? It was open. Anything else?
- 7:53No, sir. Not at that time.
- 7:55Did you move it back and forth to see
- 7:57how it swung in place? No, sir. I did
- 8:00not.
- 8:01Did you see any scuff marks at the base
- 8:03of the gate? I didn't look. Okay. Will
- 8:07you tell the jury which way the gate
- 8:10swung? Inwards. Okay. Inwards to your
- 8:14right as you were going in from the
- 8:16garage or to your left?
- 8:19As you walk up to the gate, it swung
- 8:21open this way. And he demonstrates.
- 8:24Okay, and it was open at the time you
- 8:27first observed it? Yes, sir. Okay. And
- 8:30you walked around to the screen that was
- 8:32cut? I walked inside just enough where I
- 8:36could see the screen. I didn't go up to
- 8:39the screen.
- 8:40Well, why is that?
- 8:42Well, I didn't want to tamper with any
- 8:44evidence in case there was any. Okay.
- 8:47Did you know that other officers had
- 8:49already been on the scene and had been
- 8:51to the screen?
- 8:53Well, the only thing I knew was that
- 8:55there had been an officer look in the
- 8:57backyard.
- 8:59Just over the fence was your
- 9:01understanding? No, just went inside the
- 9:04backyard to look to make sure there
- 9:06wasn't any suspects. Okay. But, had not
- 9:09actually approached the screen. Was that
- 9:12your understanding?
- 9:14I really didn't get into that to know.
- 9:17So, you didn't know whether anybody had
- 9:19gone in the backyard or what the extent
- 9:22of the backyard was?
- 9:24I didn't know who had been in the
- 9:26backyard. Okay. I just knew that a
- 9:29couple of officers had went in there
- 9:31just to make sure that there wasn't a
- 9:33suspect. Okay.
- 9:35After that, what did you do? At that
- 9:37point, I went back around to the front
- 9:40and asked by my lieutenant to go to the
- 9:43hospital and meet with the witnesses.
- 9:46Okay. Did you talk with anyone else at
- 9:48the scene before you went to the
- 9:50hospital?
- 9:51Well, I had talked to one of the fire
- 9:54person or the paramedics just for a
- 9:57brief moment. Yes. Okay. Did you talk
- 10:00with any of the neighbors? Yes, sir. You
- 10:03forgot about that? No, I didn't forget
- 10:05about it. Okay. I asked you if you had
- 10:08talked to anybody else before you left
- 10:09for the hospital, didn't I? Right.
- 10:12And I just said that I had talked to the
- 10:15captain.
- 10:16Well, you were fixing to tell us about
- 10:18the neighbors. Yes, sir. Okay. As a
- 10:21matter of fact, you were advised that
- 10:23there had been a small black car at the
- 10:26scene, had you not?
- 10:28Mr. Greg Davis says, "I'm going to
- 10:30object to that as hearsay."
- 10:32What he was advised? The court says,
- 10:34"I'll sustain the objection." Mr. Mulder
- 10:37continues.
- 10:38Well, when you talked to the neighbor,
- 10:40was your attention directed to this part
- 10:43of the street?
- 10:44Mr. Greg Davis says, "Objection, that is
- 10:47hearsay." The court says, "Overruled, go
- 10:49ahead." Mr. Mulder says, "Yes, sir." The
- 10:52witness says, "I heard a lady call out
- 10:55that she wanted to talk to an officer."
- 10:57Mr. Mulder continues. "Okay.
- 10:59And I walked over there to talk to her.
- 11:02Okay.
- 11:03And were you advised that she had seen a
- 11:06small black car in this location? Yes.
- 11:09Mr. Greg Davis then says, "I'm going to
- 11:11object, your honor, that is hearsay."
- 11:13The court says, "Sustained, let's phrase
- 11:15our questions properly." Mr. Mulder then
- 11:18continues. "Okay. Was your attention
- 11:21directed to a location immediately in
- 11:24front of her mailbox?
- 11:26Mr. Davis again says, "I'm going to
- 11:28object, that is hearsay, what he was
- 11:30advised or directed. That has to come
- 11:33from someone else who is not here, so it
- 11:35has to be hearsay." And Mr. Mulder says,
- 11:38"Well, judge, he can testify to that."
- 11:41The court says, "Just a minute. I'll
- 11:43overrule that. Let's go ahead and move
- 11:45on with the case." Mr. Mulder says,
- 11:47"Sure." And then continues.
- 11:50"Detective Patterson, moving right
- 11:52along, will you tell the jury whether or
- 11:54not your attention was directed to this
- 11:57mailbox in the parking area immediately
- 11:59in front of it?"
- 12:01"Well, not to the mailbox." Okay. To the
- 12:04parking area immediately in front? Tell
- 12:08the jury where your attention was
- 12:10directed. We'll make it easy.
- 12:12Okay. "A lady had called out and asked
- 12:15me, she said that she wanted to talk to
- 12:17an officer. And so I walked over there."
- 12:20You talked to her, didn't you? Yes, sir.
- 12:23And you made a note in your supplemental
- 12:25report, didn't you? "Yes, I made a
- 12:28note." Yes, sir. Okay. And in that note,
- 12:31you said that there had been Mr. Davis
- 12:34says, "I'm going to object to that." Mr.
- 12:37Mulder says, "A black car that night."
- 12:39Mr. Greg Davis says, "Judge, please, I'm
- 12:41going to object to this." Mr. Mulder
- 12:44says, "Judge, let me finish my
- 12:45question." The court says, "Let him
- 12:47finish his objection, please." Mr. Davis
- 12:50says, "I'm going to object to that as
- 12:52being hearsay and referring to documents
- 12:54not in evidence."
- 12:55And the court says, "All right. Well,
- 12:58let's All right. Well, I'll sustain that
- 13:00objection and let's phrase our questions
- 13:02properly, please. If you want to put the
- 13:04document in evidence, then let's do so.
- 13:07I assume you are referring to
- 13:09defendant's exhibit number 75?" Mr.
- 13:12Mulder says, "Judge, that was
- 13:14defendant's exhibit number 72."
- 13:17The court says, "I mean defendant's
- 13:18exhibit number 72." Mr. Mulder says,
- 13:21"Judge, I'm not suggesting that I put
- 13:23his entire report in and I don't mind
- 13:26giving him his report to refresh his
- 13:28memory."
- 13:29The court says, "Well, I think if you
- 13:31will just phrase the questions properly,
- 13:33then we will move on. Let's go ahead,
- 13:35please." Mr. Mulder continues. "All
- 13:38right. Well,
- 13:40All right. Again, as a result of your
- 13:42conversation with the lady, where was
- 13:45your attention directed in this enlarged
- 13:48What would you call that area? A
- 13:50residential area. Well, yes." The court
- 13:53says, "You might speak a little bit
- 13:55louder because the last two jurors have
- 13:58to hear you down there. Just speak into
- 14:00that mic so they can hear you." Mr.
- 14:02Mulder then continues.
- 14:04"What would you call this area? Is this
- 14:06a little parking area? Yes, sir, I would
- 14:09call it a street." Okay.
- 14:11"And would you call this a parking area
- 14:14in the street or not?" "Well, no, sir, I
- 14:17wouldn't." What would you call it?
- 14:19"I would call it a street." Okay.
- 14:22But people parked along the curb side.
- 14:24Yes.
- 14:25Okay. This appears to be a car headed
- 14:28in. Is that right? Yes, sir. Okay. And
- 14:31do people park in that fashion? Yes,
- 14:34sir. Okay. And will you tell us and tell
- 14:37the jury what your conversation with the
- 14:39lady was about, please, sir?
- 14:41"She asked to speak with an officer and
- 14:44so I walked over there and she said
- 14:46something to the effect that she had saw
- 14:48a car." The court then says, "The jurors
- 14:51cannot hear you on the end down there."
- 14:53The witness then says, "that she had saw
- 14:56a car leaving that scene as the police
- 14:59and the fire department had arrived or
- 15:01right after they had arrived." Mr.
- 15:04Mulder asks,
- 15:05"And she also told you that she was
- 15:08familiar with the cars in the
- 15:10neighborhood, didn't she?"
- 15:11"No, sir, I don't recall her telling me
- 15:13that." Okay. You made a note of that in
- 15:16your report, did you, that your
- 15:18conversation with the lady? "Yes, sir."
- 15:21Did you later on that afternoon have an
- 15:23occasion to you or one of the police
- 15:26officers there to talk with a Karen Neil
- 15:30in regards to a small
- 15:32black car that had passed through the
- 15:35neighborhood that afternoon? "I did
- 15:37not." Do you know if anybody else did?
- 15:40"No, sir, I do not." Would it be your
- 15:42responsibility as the primary officer in
- 15:45charge of this case to find those things
- 15:48out? I mean, would you be the center
- 15:51where the information is funneled into?
- 15:53"Yes, sir." Okay. And I take it that
- 15:57this report over here, defendant's
- 15:58exhibit number 72, is an accumulation of
- 16:02reports that other people have filled
- 16:04out and submitted to you? "That's
- 16:06correct."
- 16:07So, you would, for lack of a better
- 16:09word, be the central information
- 16:11clearinghouse, I guess, in this case,
- 16:13for lack of a better description?
- 16:16"I could, yes, sir." Okay.
- 16:18You would be the one who ought to be
- 16:20familiar with whatever is going on in
- 16:23this particular case, right?
- 16:25"Well, you have to understand that, you
- 16:28know, I'm not going to remember
- 16:30everything and that, you know, I did
- 16:32look over the reports." Okay. I mean,
- 16:35that is the reason we make reports,
- 16:37isn't it? Because we can't be expected
- 16:39to remember everything. "Well, that is
- 16:42to refresh our memory." Yes, sir.
- 16:44And like you have so skillfully pointed
- 16:47out, had it not been for the paramedics'
- 16:50reports, you wouldn't know what any of
- 16:52the paramedics did out there, would you?
- 16:55"That's correct." Because you have not,
- 16:58to this date, talked to any of them,
- 17:00have you? "No, I have not." Okay. So,
- 17:04you don't know which ones were in the
- 17:06house, whether they were all in the
- 17:08house or what parts of the house they
- 17:10went into or what they did while they
- 17:12were there, do you?
- 17:14"Well, by their notes, I do know."
- 17:17Oh. They all addressed that, as to where
- 17:20they went in the particular house and
- 17:22what they did?
- 17:23"They addressed what they did." Yes.
- 17:26Okay. But they don't address where they
- 17:28went in the house, do they? "No, sir, I
- 17:31don't believe so." All right. And you
- 17:34didn't think that that was important to
- 17:35you, I guess, in evaluating the case or
- 17:39you would have interviewed them?
- 17:41"They have been interviewed." But not by
- 17:43you?
- 17:44"But not by me." Okay. Did you interview
- 17:46the officers that were first on the
- 17:48scene? "I read their notes." Okay. So,
- 17:52your knowledge of what their activities
- 17:54were, of course, would be limited by the
- 17:56notes that they prepared. Yes, sir.
- 17:59Okay. And if a witness or a participant
- 18:02in the investigation of this case did
- 18:04not prepare a report, of course, there
- 18:07would be nothing for you to review,
- 18:10would there? Does that make sense?
- 18:12"Well, I don't understand what you are
- 18:14saying."
- 18:15All right. Well, if a participant in the
- 18:18investigation made no report, either
- 18:20because he was directed by the district
- 18:23attorney or someone else not to prepare
- 18:26a report, there would be, of course,
- 18:29nothing for you to review, would there?
- 18:32"Well, I don't think anyone is going to
- 18:34tell someone not to prepare a report."
- 18:37Well, that would be mighty poor police
- 18:39work, wouldn't it, in your judgment?
- 18:42"Maybe in some cases, yes." Okay. You
- 18:45don't really want to commit to that one?
- 18:48"Well, no, I do not because I really
- 18:50don't understand what you are asking
- 18:52me."
- 18:53Well, I'm saying this as simply as I
- 18:55can, that it would be very poor police
- 18:57work not to prepare a report, would it
- 19:01not?
- 19:02"Well, that depends on what you are
- 19:04doing and what, you know, and what you
- 19:06did in this case." Well, okay. If you
- 19:10didn't want anybody to find out about
- 19:12it, it would be a great idea, I guess.
- 19:16"Well, we are not going to do that. We
- 19:18write our notes and we make supplements
- 19:20to these reports." Okay.
- 19:23Did you make a supplement to your report
- 19:26when you all met down at the courthouse
- 19:29and everyone took the witness stand and
- 19:31testified as regards to what they did in
- 19:34this particular case?
- 19:35"Did I take notes?" Yeah. Did you make
- 19:38notes on that? "No, sir." Okay. Why was
- 19:42that?
- 19:43"I didn't see any need in taking notes."
- 19:45Okay. And I take it you testified in
- 19:48that event? No, sir. But you were there
- 19:51and listened to everyone else? I was
- 19:53there, and we talked about our case.
- 19:55Yes. Okay.
- 19:57Was there someone on the bench in lieu
- 19:59of the judge?
- 20:01Well, there was someone sitting up there
- 20:03in the judge's chair. Okay, well, just
- 20:05by coincidence or do you Well, I don't
- 20:08know why.
- 20:10You never did figure out why? No, sir.
- 20:12All right. Well, let's just see if we
- 20:14can't figure out why. You know what
- 20:17circumstantial evidence is, don't you?
- 20:20Yes, sir. Okay, was there someone in the
- 20:22prosecutors at the prosecutor's desk in
- 20:25the courtroom? Yes, sir. And was there
- 20:27someone at the defense table, a lawyer?
- 20:30Yes, sir.
- 20:31And was there someone up on the bench in
- 20:33the judge's position? Yes, sir. And was
- 20:36there someone on the witness stand where
- 20:38you are right now? Yes, sir.
- 20:41And did the prosecutor ask them
- 20:43questions? Yes, sir. And did the defense
- 20:46lawyers ask them questions? Yes, sir.
- 20:49Now, circumstantially
- 20:51do you think that we could put those
- 20:54circumstances together and figure out
- 20:56that they were conducting a mock trial?
- 20:59I think what we were doing is that we
- 21:01were just trying to make sure Well, we
- 21:03wanted to make sure that the prosecutors
- 21:05knew what we knew. Okay.
- 21:08And it helped, I guess, to make sure
- 21:10that the other officers knew everything
- 21:13that you
- 21:14Well, I don't know about that. You don't
- 21:17know about that. Okay.
- 21:19Now, at any rate, after you had talked
- 21:21to the lady at the curbside there in
- 21:24what you termed to be the street and I
- 21:27would call an enlarged, maybe elbow of
- 21:30the street did you then leave to go to
- 21:33Baylor Hospital? No, sir. What did you
- 21:36do? There was another lady that came up,
- 21:39and I talked to her for a few minutes.
- 21:41Okay. And who might that have been?
- 21:43Her name was Barbara Jovell. Okay. And
- 21:46did you engage her in a conversation as
- 21:49regards to a black car?
- 21:51She had mentioned that her mother had
- 21:53seen a black car. Okay. When in time had
- 21:57her mother seen a black car?
- 21:59The way she described it, it was earlier
- 22:02on the 5th. Just the day before? Yes,
- 22:05sir. And in fact, less than 8 hours
- 22:08earlier. Would that be about right? No,
- 22:10sir. I don't know about what time, but
- 22:13it was more than 8 hours earlier. Okay.
- 22:179 hours, 10 hours? I don't know.
- 22:20When did she tell you that?
- 22:22When I talked to Barbara Jovell, which
- 22:25was sometime between 3:35 and 4:00. We
- 22:29tried to contact her mother, but her
- 22:30mother I could not understand what she
- 22:33was saying. Okay. Did you understand
- 22:36that being a detective out there, I
- 22:37guess you would want to know where she
- 22:39saw the car, wouldn't you? Yes, sir. And
- 22:42what the car was doing? She didn't know
- 22:45what the car was doing. All right. But
- 22:48you would want to know what she thought
- 22:50the car was doing that was suspicious,
- 22:53right? Yes, sir. I mean, it had to have
- 22:56been doing something that I mean, there
- 22:58are a lot of cars out there. Can we
- 23:00agree on that?
- 23:01Well, there's a lot of cars that drive
- 23:03out there. Yes. Okay, and most of them
- 23:06we aren't going to think anything about
- 23:08them because they don't do anything to
- 23:10attract our attention, right? Right. So,
- 23:13this had to be one that attracted her
- 23:15attention, right?
- 23:18Well, she told us about it. Yes, sir.
- 23:20Okay, and where did she tell you that
- 23:23car was?
- 23:24My understanding was it was in the
- 23:27alleyway behind the house. Okay.
- 23:30Is this the alleyway behind the house?
- 23:32Yes, sir, it is.
- 23:34This is the alleyway behind the house?
- 23:36Right, that's correct. All right.
- 23:39And you understood it was in the
- 23:41alleyway behind the house and apparently
- 23:44doing something that was
- 23:46or at least she thought it was
- 23:48suspicious. Is that right?
- 23:50Well, the only thing she could say is
- 23:53that it was a car behind the house and
- 23:55going through the alleyway.
- 23:57Well, of course, a car behind the house
- 24:00going through the alleyway ordinarily
- 24:03wouldn't be suspicious, would it? No, it
- 24:06would not be. All right. So, there must
- 24:08have been more to it than that to have
- 24:10attracted her attention and to have her
- 24:13She never did tell me. She wouldn't tell
- 24:16you? She didn't tell me. All right, well
- 24:20after that, did you then leave for the
- 24:22hospital without talking to anyone
- 24:24further? Yes, sir. Okay, and where did
- 24:27you go, Detective Patterson, when you
- 24:29arrived at the hospital?
- 24:31To the emergency room. Okay. And who did
- 24:34you see there?
- 24:36I first met up with a uniformed officer
- 24:38who had directed me to where Detective
- 24:40Frost was. All right. And did you find
- 24:44where Detective Frost was? Yes, sir. All
- 24:47right. And about what time did you
- 24:49arrive at Baylor Hospital? About 4:30
- 24:53a.m. Okay.
- 24:55And did you determine that Darlie
- 24:57Routier had already arrived there? Yes,
- 25:00sir. Okay. And did you determine what
- 25:03time she had arrived there? No, sir, I
- 25:06did not. Okay. Did you determine that
- 25:09her youngest son, Damon Routier, had
- 25:11arrived at Baylor Hospital? Yes, sir.
- 25:14Did you determine what time he had
- 25:16arrived? No, sir, I did not. Did you
- 25:19determine at what time either one of
- 25:21them left the Eagle Drive address?
- 25:24No, sir. It didn't seem to be important?
- 25:27I'm not saying it didn't seem to be
- 25:29important. I didn't ask. Okay, did you
- 25:31ask later on? No, sir. So, it never has
- 25:35seemed important?
- 25:37No, I'm not saying it didn't seem
- 25:40important. It just wasn't a question
- 25:42that I asked.
- 25:44Well, I mean you have not asked to this
- 25:47moment, have you? Well, no, sir.
- 25:50So, apparently it's not important to you
- 25:53even now.
- 25:54Well, it's on the fire department's run
- 25:56sheet. Did you look at it there?
- 25:59I reviewed the run sheet, but I don't
- 26:01know what time they left. Okay. Well,
- 26:04would you tell the jury what time they
- 26:06arrived at Baylor Hospital? I just told
- 26:08you I don't know. All right. Well, at
- 26:11any rate, did you proceed to where
- 26:13Detective Frost was? Yes, sir. And where
- 26:16was he? He was in a waiting room where
- 26:19Daren Routier was. Okay, all right. And
- 26:22just the two of them? No, there was
- 26:24another person there. I believe his name
- 26:26is Terry Neil. Okay.
- 26:29He is Detective Frost's cousin by
- 26:32marriage, is he not?
- 26:34I don't know what he is to Detective
- 26:36Frost. Okay. You have never talked with
- 26:39Detective Frost about that?
- 26:41He made mention that he was some
- 26:44relative, but I don't know what. Okay.
- 26:48At any rate, did you interview Daren
- 26:50Routier at that time? Yes, sir. And how
- 26:53long did you and Detective Frost, in the
- 26:55presence of Detective Frost's relative
- 26:58talk with Daren Routier?
- 27:00We didn't. You didn't talk with him? I
- 27:04didn't talk to Daren Routier in front of
- 27:06Mr. Neil. No. Well, why is that? Well,
- 27:10we had asked Mr. Neil to step out of the
- 27:12room. Okay. So, both you and Detective
- 27:15Frost were there. Is that right? In the
- 27:17waiting room with Daren? Yes, sir. Yes,
- 27:20sir. All right, and you interviewed him
- 27:23at that time. Is that right? Yes, sir.
- 27:26Okay. And I assume that you took notes
- 27:29of that interview. Yes, sir. Okay, and
- 27:32where are Are your notes in this?
- 27:34No, sir. Where are your notes? Back
- 27:37there in the office. Could you get those
- 27:39notes for us, please, sir? Yes, sir.
- 27:42Okay, thank you. Would you The notes are
- 27:45not part of your file. Is that right?
- 27:47No, they are not. Okay. Would you just
- 27:50Whatever you have, would you bring them
- 27:52on out here, and I'll save you a trip.
- 27:55Yes, sir, I will bring them all. Okay,
- 27:57thank you, Detective Patterson.
- 27:59All right, in your presence, I'll mark
- 28:02this for identification and record
- 28:04purposes as defendant's exhibit number
- 28:0673. And that is a number of stapled
- 28:10notebook sheets. Is that correct? Yes,
- 28:12sir. And this contains all of the notes
- 28:15that you have made in this particular
- 28:17case. Yes, sir. When were these notes
- 28:20made, Detective Patterson?
- 28:23They have been made at different times.
- 28:25Okay. I figured that out that they were
- 28:28made at different times, but did you
- 28:30date them? Some of them is dated, and
- 28:33some of them are not.
- 28:35Well, why wouldn't you date all of the
- 28:37reports? Well, I just didn't date them.
- 28:40Well, why? I don't have a reason. I just
- 28:44didn't date them. Well, you knew what
- 28:46the date was, didn't you?
- 28:49I know what the date is going to be. All
- 28:51right.
- 28:53But how many did you date, and how many
- 28:55did you not date?
- 28:57Well, there's a few pages that are
- 28:59dated, and a few pages that are not
- 29:01dated. Okay.
- 29:03Now, let me hand you back what has been
- 29:05marked for identification and record
- 29:07purposes as defendant's exhibit number
- 29:0973. And will you tell the jury which of
- 29:13the pages of your personal notes are
- 29:15dated?
- 29:16Page number one has a date. What is the
- 29:19date on page number one? June the 6th,
- 29:221996.
- 29:24And that relates to your conversation
- 29:26with a Nelda Watts? Yes, sir, it does.
- 29:29All right, and it has the time? Yes,
- 29:31sir. What time? 3:45 a.m. All right. And
- 29:36I assume that you put down everything
- 29:38that was relevant in that conversation
- 29:40that you had with her? Yes, sir. Okay.
- 29:43And then the next one is Barbara Jovell?
- 29:45Yes, sir. All right, and what time is
- 29:48that?
- 29:49June the 6th, 1996 at 3:54 a.m. Okay.
- 29:54And what is the next page that is dated?
- 29:57June the 6th, 1996. Okay. And does that
- 30:01have someone's name on it or relate to a
- 30:04conversation? Yes sir, it does.
- 30:07And who might that be, please, sir?
- 30:10Teresa Marie Powers. Okay, Teresa?
- 30:13Teresa Powers? Teresa Powers? Yes sir.
- 30:16And what is the date and time of that?
- 30:20June 6th, 1996 at 4:36 a.m.
- 30:24And who is the Teresa Powers?
- 30:27A nurse at Baylor Hospital. All right,
- 30:30so by that time we can assume that you
- 30:32are at Baylor Hospital. Yes sir. Okay.
- 30:35Do you find any other notes in there
- 30:37that are dated? Excuse me, I think there
- 30:40is a medical it says ME office. And it
- 30:43has the date, but nothing written.
- 30:46It has the date on there.
- 30:48Is that what I am holding up here? Yes
- 30:50sir. Where it just says 5:44 a.m.
- 30:54and 6 6 96 ME office? Right. Does that
- 30:59mean you were at the ME office? No sir.
- 31:02What does it mean?
- 31:04That means that that is what time that I
- 31:06talked to someone at the ME's office
- 31:09from the hospital.
- 31:10Can you tell who you talked to?
- 31:13I don't remember her name. But you can
- 31:16remember that it was a female? Yes sir.
- 31:19But didn't write any notes other than
- 31:21that? No sir, I didn't. Okay.
- 31:24So other than that sheet, the only other
- 31:28notes that are dated and timed are this
- 31:31second sheet you said and this first
- 31:34sheet. Is that right?
- 31:36Can I finish looking at that? You bet.
- 31:39And there's some date on these last the
- 31:43date and time are on these last three
- 31:45pages.
- 31:47Are you talking about a report that you
- 31:49did? Yes sir. That was a supplemental
- 31:51report. Right? Okay.
- 31:54Did you take I guess the way we got into
- 31:57this and I have not asked for them. But
- 32:01you said you took notes about your
- 32:02conversation with Daron Routier.
- 32:05Actually, well, yes, there is notes in
- 32:08there. Yes sir. Okay. Could you point me
- 32:11to that part, please, sir? Okay. Are you
- 32:15referring to a supplemental report? Yes
- 32:17sir. You didn't have a laptop computer
- 32:20or a typewriter with you?
- 32:22Not with me, no. Okay.
- 32:25But I thought you said you took notes. I
- 32:27did. Where are the notes?
- 32:30That is this right here.
- 32:32Well, that is typed.
- 32:34Okay, I didn't take handwritten notes.
- 32:37Oh, you took mental notes.
- 32:40You mean we have been going through this
- 32:41exercise and you have been telling me
- 32:43all along that the notes you took were
- 32:46simply mental notes? Yes sir. Okay.
- 32:50And those I guess were those timed and
- 32:52dated? My mental notes? Mhm.
- 32:56Well, I have dates and times on there.
- 32:58Okay, but the notes that you took
- 33:02that you were telling us about when you
- 33:04interviewed Daron Routier were mental
- 33:07notes? Correct. Okay, all right now.
- 33:11How long did you talk to Daron Routier?
- 33:1420 or 30 minutes. Okay.
- 33:17And had he been interviewed by Chris
- 33:19Frosh prior to the time that you got
- 33:22there? Yes sir.
- 33:24And do you know how extensive he had
- 33:26been interviewed? No sir. Okay, you
- 33:28didn't talk to Detective Frosh and find
- 33:31out?
- 33:32I talked to him briefly, yes.
- 33:34Before or after you interviewed Daron?
- 33:38Before. Okay. Where did you talk to him?
- 33:41In the presence of Daron?
- 33:43No, just right outside the waiting room.
- 33:46Of course you didn't make any written
- 33:47notes on that, did you? I did not, no.
- 33:51All right. Now you proceeded from there
- 33:55to where after you had interviewed Daron
- 33:58Routier?
- 34:00Then I went back and went into the room
- 34:02where Damon Routier was.
- 34:05About what time was this, Detective
- 34:08Patterson? Sometime just before 6:00
- 34:10a.m. Okay. So about what if you arrived
- 34:14out at the hospital at what time? About
- 34:174:30. Okay. And you talked to Daron for
- 34:20half an hour or so? Yes sir.
- 34:23Would it now be 5:00 or thereabouts?
- 34:26Or a little after?
- 34:28Where did you go from your interview
- 34:29with Daron Routier?
- 34:31I went to the room where Damon Routier
- 34:33was. Okay. And did you view his body?
- 34:36Yes sir. And how long did that take?
- 34:40I can't give you a time. I was in there
- 34:42a few minutes before I notified the
- 34:45crime scene officer. Okay.
- 34:47And where did you go from there?
- 34:49From where?
- 34:51From the room where Daron Damon Routier
- 34:54was. Well, he was in a room that is
- 34:57there attached to the emergency room and
- 34:59I just went outside and made a phone
- 35:01call. Okay. And who did you call?
- 35:04I called the dispatch Rowlett police
- 35:07dispatch and asked for a crime scene
- 35:10unit. Okay. And who did you talk with? I
- 35:13do not remember. Okay. Where did you go
- 35:16from there?
- 35:17You were outside and you were on the
- 35:19phone. You finish your phone
- 35:21conversation. Where did you go next?
- 35:24Back in there and talked to Frosh for a
- 35:27little bit.
- 35:28By this time, what time is it? I don't
- 35:30know. After 5:00?
- 35:33Well, it's after 5:00. Yes, it's just
- 35:35shortly before 6:00. Okay. So you talked
- 35:39with Frosh. Now during your interview
- 35:41with Daron Routier, did Detective Frosh
- 35:44take any notes? Yes sir. And in your
- 35:47presence? Yes sir. Written notes?
- 35:51Written notes? I can't say for sure. I
- 35:53don't know. Okay, all right. And I mean
- 35:56is there some reason that you all didn't
- 35:58take written notes? No sir.
- 36:01I mean I guess I wouldn't know enough
- 36:03not to take notes. Is that a bad
- 36:05practice to take notes?
- 36:07I don't think so, no.
- 36:09But you just take them sometimes and
- 36:11sometimes you don't? Well, in this case
- 36:14I didn't take any notes, no.
- 36:16Okay, so at any rate, after you have
- 36:19conferred with Detective Frosh, where
- 36:22did you next go?
- 36:24I waited on a crime scene unit and he
- 36:26arrived. At which point we went back
- 36:29into where Damon was and we took
- 36:31photographs. Okay, of Damon's injuries.
- 36:35Okay.
- 36:36You said we did. Are you saying that
- 36:39someone else did it in your presence?
- 36:42Right. Do you remember who did it? Yes,
- 36:45that was Officer Dwayne Bedingfield. All
- 36:48right. And what happened after that?
- 36:51At which time the family arrived, they
- 36:54wanted to see Damon and we let Miss
- 36:57Darley Key go in there for just a moment
- 37:00and then she left. Okay. And then what
- 37:03did you do?
- 37:04We found out that we could go talk to
- 37:06Darley Routier. Okay. And had you left
- 37:09instructions with Daron not to leave the
- 37:12room that he was in or was he free to
- 37:15leave or what were your instructions to
- 37:17him?
- 37:18Well, I don't recall telling him that he
- 37:20couldn't leave. Okay. So as far as you
- 37:24were concerned, he was free to leave?
- 37:26Yes sir. You didn't tell him anything to
- 37:28the contrary?
- 37:30No sir, not that I recall.
- 37:32Well, that is something you would
- 37:33recall, isn't it? Well, I don't remember
- 37:36telling him he couldn't leave, no.
- 37:39How about Detective Frosh? I don't know.
- 37:42Not to your knowledge? I mean he didn't
- 37:45tell him he couldn't leave to your
- 37:47knowledge, did he?
- 37:48I don't know if he did or not. Okay. At
- 37:51any rate, who told you that you could
- 37:54see Darley Routier?
- 37:56I believe it was an officer by the name
- 37:58of Phyllis Jackson. Okay.
- 38:00Was she a young lady who worked there at
- 38:03Baylor Hospital? As a policeman? Yes
- 38:05sir.
- 38:06Part of the Baylor private police
- 38:09personnel? Yes sir. Okay.
- 38:11And about what time was it when you went
- 38:14up to see Darley Routier? About 6:11.
- 38:18Okay. And who was present when you
- 38:21interviewed her? Detective Frosh and a
- 38:24nurse by the name of Chris and I can't
- 38:26recall his last name. But a male? Yes
- 38:29sir.
- 38:30Okay, just the three of you? You, Frosh,
- 38:33the nurse and Darley Routier?
- 38:36That is all that was in there that I
- 38:38saw. Yes. Okay. Anybody else? You would
- 38:41have seen them?
- 38:42Well, we were behind somewhat behind the
- 38:45curtain. I couldn't see the front door
- 38:47or the door leading into the hallway.
- 38:50All right. Do you know whether or not
- 38:52Darley Routier had been medicated? I do
- 38:54not know. She was there in the hospital,
- 38:57correct? Correct. She had injuries that
- 39:00you reviewed? Yes sir. Did you
- 39:03were you advised that she had just come
- 39:05out of surgery? Yes sir. Okay. And
- 39:08again, as a detective
- 39:10wouldn't you put two and two together
- 39:12and figure that she had in fact been
- 39:14medicated?
- 39:16Well, I don't know. You didn't know? No.
- 39:20And I take it that you didn't make any
- 39:22inquiry as to whether or not she had
- 39:24been medicated? No.
- 39:26And you didn't think that that might be
- 39:29important when you interviewed her?
- 39:31What I did was I asked her if she was
- 39:34okay and felt well enough to talk to us
- 39:37and she said she did. Okay, she was
- 39:40cooperative, wasn't she? Yes sir. And as
- 39:43a matter of fact, answered all of your
- 39:45questions, didn't she? Yes, sir. Okay.
- 39:48Did you take notes of that conversation?
- 39:51No, sir. Okay.
- 39:53Detective Frost took the notes. And you
- 39:56know, of course, that he took them and
- 39:58recorded them accurately? Yes, sir.
- 40:00Okay. Even though you didn't take any
- 40:03notes yourself? No, because I told Frost
- 40:06that I was going to ask the questions
- 40:08while he took the notes. Okay.
- 40:10And you were not under any time
- 40:12restraints, were you? No, sir. Okay. So,
- 40:16you could have talked to her, I guess,
- 40:18as long as she was willing to talk to
- 40:20you? Yes, sir.
- 40:22And she was willing to talk to you as
- 40:24long as you asked her questions, she
- 40:26would answer, wouldn't she?
- 40:28She answered our questions. Yes, sir.
- 40:30How long did you talk to her, Detective
- 40:32Patterson?
- 40:3420 or 30 minutes. Okay. Did you tell
- 40:37Detective Frost to note in his notes
- 40:39there the date and time that the
- 40:42interview began and the date and time
- 40:44when the interview ceased? I did not.
- 40:46Okay. Do you know whether he did or not?
- 40:49I know that he
- 40:51he has the date that we was there and
- 40:54the date that we started or that we went
- 40:57up there and the time that we went up
- 40:59there. As far as him jotting down the
- 41:01time we actually started the interview,
- 41:04no. He didn't do that? No. And he didn't
- 41:07jot down the time that you
- 41:10stopped. Stopped the interview? No.
- 41:14And I guess you didn't think that was
- 41:15important or you would have had him do
- 41:18it? Right. I don't see that that had
- 41:21anything to do with it. No.
- 41:23But at any rate, that conversation
- 41:26lasted some 20 or 30 minutes?
- 41:28Something like that. Yes, sir. And she
- 41:31was cooperative the entire time? Yes,
- 41:33sir. Did you ask her what had happened
- 41:36or what she recalled? Yes, sir. And what
- 41:39did she tell you?
- 41:41She told us at that time that an
- 41:43intruder had Well, she had awoken to
- 41:46find an intruder over her. She struggled
- 41:50with the intruder. She saw him with the
- 41:52knife. I asked her to describe this
- 41:54person, at which time she started to
- 41:57describe the person and I asked her to
- 41:58stop for a minute and let's start from
- 42:01the very top to what he was wearing.
- 42:03Okay. What did she tell you?
- 42:06She said that he was wearing a black
- 42:08cap. And I said, was the bill to the
- 42:11front of the face or was it turned
- 42:13around backwards? And she said the bill
- 42:16was to the front. Okay. I asked her if
- 42:19she remembered seeing any writing on it.
- 42:21She didn't see any writing or no
- 42:24pictures. I asked her if she knew
- 42:26whether it was a fitted cap or if it was
- 42:29one that you had to adjust. She did not
- 42:31know. I asked her from the cap if she
- 42:35could describe his hair and she said it
- 42:37was a dark colored brown that it was
- 42:39shoulder length. It appeared to be
- 42:42straight. I asked her to describe his
- 42:44face and she could not describe any part
- 42:47of the face. I asked her to describe
- 42:50what he was wearing and she said he was
- 42:52wearing a black t-shirt. And I asked her
- 42:55if it was a black pullover t-shirt, a
- 42:57buttoned up t-shirt and she said it was
- 43:00a pullover, that it didn't have any
- 43:02buttons on it, didn't have a collar on
- 43:05it and it was short sleeved. All right.
- 43:08I asked her if it had any writing or
- 43:10designs on it and she didn't see any. I
- 43:14asked her about a belt. She couldn't
- 43:16remember if there was a belt or not. I
- 43:19asked her about his jeans. The blue
- 43:21jeans. I asked her if she could remember
- 43:23if they were blue blue jeans or a
- 43:25different color. She said blue. She
- 43:28couldn't remember any labels on the
- 43:30jeans. Okay.
- 43:33I asked her about his shoes and socks
- 43:36and she didn't remember any shoes or
- 43:38socks. I asked her because of it being a
- 43:41short sleeved t-shirt if she saw any
- 43:44tattoos or scars on his arms and she
- 43:46said no, that she didn't remember any
- 43:49scars or tattoos. Of course, naturally,
- 43:52we think about robbery and I asked her
- 43:55about her jewelry and she said the
- 43:58jewelry she described her jewelry real
- 44:00well and where it was located. And I
- 44:03would have to look at my notes to see
- 44:05what else she said. Okay. Are you
- 44:07talking about your written notes?
- 44:10No, I'm talking about Frost's notes or
- 44:13the supplement.
- 44:14You just made mental notes? Yes, sir.
- 44:17All right.
- 44:19Have you had occasion to review Frost's
- 44:21notes? Yes, sir. Before your testimony?
- 44:24Yes, sir. Yesterday, I suspect. Yes,
- 44:26sir. Okay.
- 44:28When is the last time before yesterday
- 44:30that you reviewed them?
- 44:32The last time I reviewed Frost's notes
- 44:34had been right after he gave them to me
- 44:37months ago.
- 44:38All right. Let me hand you what has been
- 44:41marked for identification and record
- 44:43purposes as defendant's exhibit 72.
- 44:47And you will have his notes in here?
- 44:50Yes, sir. Would you find those for me,
- 44:52please, sir? I mean 72. Okay.
- 44:56And what happened is at this point the
- 44:58judge lets the jury leave the room while
- 45:01Detective Patterson goes and gets his
- 45:03notes or his files, whatever it is that
- 45:05he grabbed. The jury comes back in and
- 45:08everything is resumed back on the
- 45:10record.
- 45:12And Mr. Mulder says, Detective
- 45:14Patterson, while the jury was out of the
- 45:16room, you went through your entire file
- 45:18here, did you not?
- 45:20Yeah, pretty much so. All right. And
- 45:23were you unable to find Chris Frost's
- 45:26notes there?
- 45:28I didn't find them. No.
- 45:30It's your file, isn't it? Yes, sir. All
- 45:33right. You are telling us that Chris
- 45:36Frost's notes are not in your file?
- 45:39I didn't see them in there. Okay. But
- 45:41you reviewed them last night? I did, but
- 45:45I didn't look in that file. I've got a
- 45:47copy of his notes. Where is that?
- 45:50I just gave you two pages. Oh, you are
- 45:53talking about what is written up here?
- 45:56The supplement.
- 45:57Yes. I just gave you two pages of the
- 46:00supplement. Yes, sir. Yes. Okay, well, I
- 46:04was talking about his actual notes.
- 46:07I don't have that. Are you talking about
- 46:09handwritten notes? Yes, sir.
- 46:12I don't have those. Okay. So, what you
- 46:15are telling us, you reviewed You
- 46:17apparently reviewed the report that he
- 46:19made and not his handwritten notes?
- 46:23What I reviewed was he has a supplement
- 46:26and I reviewed his supplement.
- 46:28Okay.
- 46:30Let me hand you what has been marked for
- 46:33identification and record purposes as
- 46:35defendant's exhibits 74 and 75. And I'll
- 46:39ask you if you recognize Chris Frost's
- 46:42handwriting.
- 46:43I'm not sure.
- 46:45Well, I don't know whether you would
- 46:47take my word for it or not, but he
- 46:49handed those to me and told me those
- 46:51were his notes. Okay. Do you have any
- 46:54quarrel with that? No, sir.
- 46:57These are the notes that you saw him
- 46:58taking in the hospital? No, sir. Oh,
- 47:01these are not the notes that he was
- 47:03taking at the hospital?
- 47:06I didn't see what he was taking because
- 47:08where I was standing, I was asking
- 47:10questions and he was kind of standing to
- 47:13my left and I wasn't really paying any
- 47:16attention to him.
- 47:18Well, when you left the hospital,
- 47:20did you review his notes to make sure
- 47:23that he put down what was accurate? No,
- 47:26I did not. Why not?
- 47:29Well, I just didn't review his notes.
- 47:32Well, I mean, you want it to be accurate
- 47:34with what she said, don't you? Yes, sir.
- 47:37Okay, well, I mean, what better way to
- 47:39be accurate than either one, record it
- 47:42with a tape recorder and you could have
- 47:44done that, couldn't you?
- 47:46We could have, but that is not a policy
- 47:49that we use. No. Okay, well,
- 47:52I don't care whether it's a policy or
- 47:54not.
- 47:55I just want to know
- 47:56Well, we care that it's our policy and
- 47:59it's not our policy, so we don't use a
- 48:01tape recorder. Did you have that option?
- 48:04You could have recorded it with a tape
- 48:06recorder?
- 48:07Well, we don't do that.
- 48:09But you could have? We don't do that.
- 48:12Well, the court says, all right, let's
- 48:15move on. I think everybody understands
- 48:17the question and the answer.
- 48:20Mr. Mulder then continues.
- 48:22Well, you could have video recorded it
- 48:25if you had chosen to?
- 48:27But we don't do that. Well, you video
- 48:29record drunk drivers, don't you?
- 48:32That is uniform. That is separate than
- 48:35our division.
- 48:36All right. So, you have the equipment
- 48:38available to you?
- 48:40We have video equipment. Yes, sir. You
- 48:43chose not to do that? No.
- 48:45You chose not to take any notes yourself
- 48:48and you chose not to review your
- 48:50partner's notes.
- 48:52Would you look at those notes now,
- 48:54defendant's exhibit number 74? Would
- 48:56this be the first time that you have
- 48:58looked at them?
- 49:00The first time I have looked at this,
- 49:02yes. All right.
- 49:04The first time that you have ever seen
- 49:05his notes.
- 49:07As regards the conversation that took
- 49:09place at approximately 6:00 on June the
- 49:126th of 1996. Is that right?
- 49:16Do what now?
- 49:18This is the first time that you have
- 49:20reviewed Chris Frost's notes with
- 49:23respect to the conversation between you
- 49:25and Darlene at 6:11 or 6:15 or whatever
- 49:29time it was?
- 49:31I reviewed his notes. I reviewed his
- 49:32supplement.
- 49:34Well, are those the notes that you
- 49:36reviewed? No, I reviewed the typed
- 49:38supplement that he All right, I
- 49:41understand. Would you review his notes,
- 49:44please, sir? Sure. Okay.
- 49:47The court then says, "All right, you may
- 49:49continue, please." And Mr. Mulder says,
- 49:51"Yes, sir." And then continues. Do you
- 49:53feel like you are well enough acquainted
- 49:56with those notes now to answer some
- 49:58questions? Yes, sir. Okay.
- 50:01You had told the jury or given them an
- 50:03account and is it fair to say that notes
- 50:06probably start on this page that I have
- 50:09marked Defendant's Exhibit number 74
- 50:12where it says Baylor Hospital, Baylor
- 50:14Medical Center, Dallas in recovery room
- 50:17approximately 6:11.
- 50:20Do you see that? Would that be fair to
- 50:22say that that is probably where those
- 50:24notes start?
- 50:26Well, no. It looks to me like it started
- 50:29on the first page.
- 50:31Well, but if you will read that, that
- 50:33appears to be an interview with Daryn,
- 50:35isn't it?
- 50:36On the first several pages? Yes, sir.
- 50:39Yes, sir. Okay.
- 50:41These are Detective Frosh's notes and
- 50:44that is probably who you are going to
- 50:45have to ask about that. Okay.
- 50:48Well, inasmuch as you have refreshed
- 50:50your memory from his notes, you have
- 50:53told us about, for example, you gave us
- 50:55a description and that description was
- 50:57based on what Detective Frosh wrote
- 50:59down, I assume. Was it not?
- 51:02The description of what?
- 51:04The description of the assailant that
- 51:06Routier described to you during the
- 51:08morning of June the 6th.
- 51:10And what I can remember? Yes, sir. Okay.
- 51:13Did she tell y'all that the man was
- 51:15possibly black?
- 51:17She did not tell us that morning, no.
- 51:20She had told the uniformed officer.
- 51:24Wonder why he wrote it in his notes up
- 51:26there.
- 51:27Mr. Greg Davis then says, "I'm going to
- 51:30object to that. That is improper
- 51:31impeachment."
- 51:33The court says, "Sustained. Sustained.
- 51:35Let's move on. If you want to call
- 51:36Detective Frosh, then call him."
- 51:39Mr. Mulder says, "Judge, I intend to
- 51:40call him."
- 51:42Well, then fine. Let's move on to what
- 51:44this witness actually knows of his own
- 51:47knowledge. And the witness then says,
- 51:49"That is not what that says." Mr. Mulder
- 51:52says, "Yes, sir." Mr. Mulder then says,
- 51:55"Black cap." Mr. Greg Davis says, "I'm
- 51:58going to object again to him going into
- 52:00that document." And the court says,
- 52:02"Sustained." Mr. Mulder continues.
- 52:05Did he have a black cap on?
- 52:08She says he had a black cap on. Okay.
- 52:12Shoulder-length hair or collar-length
- 52:15hair?
- 52:16What I remember is it was about
- 52:18shoulder-length, excuse me,
- 52:20collar-length.
- 52:22Did she ever describe the assailant as
- 52:24possibly black?
- 52:26I had one of the other supplements from
- 52:28Officer Waddell showed black or white.
- 52:32Okay. Black or white, is that right?
- 52:35Black or white?
- 52:36Now, you were telling us about talking
- 52:39to a lady about an unusual car out
- 52:42there? Yes, sir. And talking to this
- 52:45Barbara Jovell about a car and talking
- 52:47to another lady about a car that was
- 52:50parked in that what you call a street,
- 52:53is that right? Yes, sir. All right. Were
- 52:56there any other people that reported a
- 52:57small black car in or around the Routier
- 53:01home that evening or early morning?
- 53:03Either the evening of June the 5th or
- 53:06the early morning of June the 6th?
- 53:10You will have to ask me that again.
- 53:12Okay.
- 53:13Why was it Why did you care whether
- 53:16there had been mysterious cars or
- 53:18suspicious cars out there?
- 53:20What importance could that have possibly
- 53:22been?
- 53:23Well, at the time we were looking for an
- 53:26intruder. Okay. So, that is what made it
- 53:29important if there were suspicious cars
- 53:31out there, is that right? Yes. Okay. And
- 53:34did you find people who had seen
- 53:37suspicious cars out there? Did we find
- 53:39people? Yes.
- 53:41The lady, Ms. Watts, told me about a
- 53:43car. That is one, but she didn't say
- 53:47black car to me. She just said a car.
- 53:50She said a dark car to one of your other
- 53:53fellow detectives, didn't she?
- 53:56Well, I don't know if it was a dark car
- 53:58or Well, I would have to read that
- 53:59again, but it was a dark car, mid-sized,
- 54:03and then Ms. Jovell was the one that was
- 54:05telling me that her mother had seen a
- 54:07black car in the alleyway. Okay.
- 54:10Well, did anybody tell you that they had
- 54:12seen a car around midnight drive up her
- 54:15alley and look in the garage and turn or
- 54:19toward the garage and turn around and
- 54:22leave and just hanging around in that
- 54:24area, a small black car? Well, yes, sir.
- 54:29That is about a 3-in account. Have you
- 54:31read that?
- 54:32Well, there is a supplement about
- 54:34someone telling a uniformed officer
- 54:36about a car. Okay. It was dated on 6/8.
- 54:40All right. I mean,
- 54:41it is your report, right?
- 54:44Did you find someone who had seen a
- 54:46small car in the alley shortly before
- 54:48midnight, some two or two and a half
- 54:50hours before the attack?
- 54:52I didn't talk to anybody about that.
- 54:55I know, but that report came in to you,
- 54:57didn't it?
- 54:59Which report? That report there shows a
- 55:01different date.
- 55:04Drove by the home slowly. Drove in the
- 55:08alley. Mr. Greg Davis then says, "I'm
- 55:11going to object to that." The court
- 55:13says, "Sustained. Please ask the next
- 55:15question. Please answer all of the
- 55:17questions you know of your own knowledge
- 55:19directly and succinctly and as quickly
- 55:22as possible." The witness says, "Yes,
- 55:24sir." Mr. Mulder continues.
- 55:27Did you say that this is the first time
- 55:29that you have actually seen the spiral
- 55:31notebook with the handwritten notes?
- 55:33Yes, sir. Okay. Now, you were there
- 55:36approximately 20 to 30 minutes. Is that
- 55:39what you have previously testified to?
- 55:41I was where?
- 55:43At the hospital, at Baylor, talking to
- 55:45Darly? Yes, sir. Okay. 20 or 30 minutes,
- 55:49is that right? About that.
- 55:52That is not a trick question. I want to
- 55:54move on.
- 55:55Approximately, yes. Okay. And did you
- 55:58then leave the hospital or did you go
- 56:00back to talk to Daryn?
- 56:02I don't remember talking to Daryn
- 56:04anymore after that. Okay. Did you return
- 56:07to the hospital anymore that day?
- 56:09I don't recall being back at the
- 56:11hospital that day.
- 56:12Of course, you didn't put anything in
- 56:14your notes about it, did you? No, sir.
- 56:17You didn't put anything in your notes
- 56:18about talking to Daryn, did you? Yes,
- 56:21sir. You did. I have a supplement
- 56:24showing I talked to Daryn.
- 56:26Well, but I'm talking about your
- 56:28handwritten notes. I didn't take any
- 56:31handwritten notes not about when I
- 56:33talked to Daryn. Okay. No handwritten
- 56:36notes when you talked to Daryn and no
- 56:38handwritten notes when you talked to
- 56:40Darly? No, on that day. Right. You don't
- 56:44recall returning to the hospital that
- 56:46day?
- 56:47I don't remember coming back to the
- 56:49hospital.
- 56:50Well, does that mean you could have? I
- 56:52could have. Okay, but you wouldn't
- 56:55Of course, there is no way we will know
- 56:57because you don't have any notes. Is
- 56:59that right?
- 57:00I know that I talked to somebody about
- 57:02coming back to the hospital, but I don't
- 57:04remember that I went back to the
- 57:06hospital. All right. When you left the
- 57:09hospital, will you tell the jury where
- 57:11you went that morning? Yes, sir.
- 57:14I went back to 5801 Eagle Drive. Okay.
- 57:18About what time did you get back there?
- 57:21And this is where we're going to leave
- 57:23off. Patterson's testimony lasts for
- 57:26quite some time and we've now moved into
- 57:29the time frame where he has left the
- 57:31hospital and gone back to the house on
- 57:34Eagle Drive and that is where we will
- 57:36pick up in the next episode.
- 57:39So, let's recap what we've learned so
- 57:41far.
- 57:43Mr. Mulder begins by asking if the
- 57:45detective has his case file and his
- 57:48notes with him and he said that he did.
- 57:50So,
- 57:51Patterson tells that he was notified
- 57:54about the crime at around 2:55 in the
- 57:57morning. He arrived on scene about 3:30
- 58:00to 3:35 a.m.
- 58:03He said that some fire personnel and
- 58:05officers were at the scene and said that
- 58:08the medical personnel had been there,
- 58:11but they had left. And he had, I guess,
- 58:15only spoken to a firefighter. He didn't
- 58:18know how many medical personnel had
- 58:20actually been at the scene prior to him
- 58:23arriving. Now, he did not interview any
- 58:26of the medical personnel that had been
- 58:27there, but evidently they had left
- 58:30written statements.
- 58:32It's unknown when they had the time to
- 58:34actually write down these statements. Um
- 58:37Maybe it was after the fact, I don't
- 58:38know, but, you know, here I'm picturing,
- 58:41hey, he shows up, he didn't talk to any
- 58:43of any of them, excuse me, and then
- 58:45says, "Hey, but they left written
- 58:47statements." I mean, it's really It's
- 58:48highly doubtful they sat there and wrote
- 58:50out a statement before they they took
- 58:52care of their patients, right?
- 58:54Patterson then met with the officer in
- 58:56charge when he first got there and that
- 58:58happened to be Sergeant Matt Walling.
- 59:01He then gets a little bit of information
- 59:04and walks around to the backyard and
- 59:07notices that the back gate is open.
- 59:10He kind of glances inside towards where
- 59:12the garage screen was, said he didn't
- 59:15want to walk into the backyard because
- 59:16he was afraid he'd mess up any potential
- 59:19evidence.
- 59:20He then went back around the front and
- 59:23was instructed to then go to the
- 59:25hospital and talk with the witnesses.
- 59:28He literally has to be asked if he spoke
- 59:32to anyone before he left and he said
- 59:34that he talked to one of the fire
- 59:36persons or the
- 59:37paramedics. Now,
- 59:39I thought they had left by that point,
- 59:42but he might be talking about, you know,
- 59:44the paramedics with the fire
- 59:46departments. I'm not sure about this.
- 59:48This is all that he said though.
- 59:50He had to be asked if he spoke to any
- 59:53neighbors and he then admitted that he
- 59:56had, but then Mulder, the defense
- 59:59attorney, kind of calls him out on this
- 1:00:01because he had to be he had to be asked
- 1:00:03about it rather than just flat out give
- 1:00:05Mulder this information.
- 1:00:07So, then we find out that
- 1:00:09Patterson then he talks about a lady
- 1:00:11across the street who was calling to him
- 1:00:14to talk to him.
- 1:00:15And Mulder then begins to ask about this
- 1:00:17black car because that's what this lady
- 1:00:20evidently was telling Patterson about.
- 1:00:23Now, Greg Davis, he objects to this
- 1:00:25multiple multiple multiple times,
- 1:00:28but eventually Mulder is able to get his
- 1:00:31question out.
- 1:00:33He's finally able to ask Patterson what
- 1:00:36the lady that he spoke to told him and
- 1:00:39she evidently had said that shortly
- 1:00:42after the fire departments and the
- 1:00:43police had arrived this car had left.
- 1:00:47Patterson was then asked if he spoke to
- 1:00:49Karen Neil and he said that he had not,
- 1:00:52but then he was asked if he knew who did
- 1:00:55and he said he didn't know, but thought
- 1:00:57it would be in a report, but couldn't
- 1:00:59remember.
- 1:01:00Mulder then points out that even at this
- 1:01:03date at this point in the trial
- 1:01:06Patterson had never ever interviewed or
- 1:01:08spoken to any of the paramedics that had
- 1:01:11been on that scene that night.
- 1:01:14Mulder then brings up the fact that if
- 1:01:17you know, no one ever made a report,
- 1:01:20then Patterson would have nothing to
- 1:01:22review, which Mulder made seem rather
- 1:01:25convenient, right?
- 1:01:27We then learn that before he left for
- 1:01:30the hospital, meaning Patterson, he also
- 1:01:32spoke to Barbara Jovell and you might
- 1:01:34remember her from an earlier episode.
- 1:01:38She was also there and she wanted him to
- 1:01:41know that her mom had seen a black car
- 1:01:43the day before the crime.
- 1:01:46He spoke to Barbara between 3:35 and
- 1:01:494:00 a.m.
- 1:01:51They evidently tried to call Barbara's
- 1:01:53mom
- 1:01:54and talk with her, but Patterson, he
- 1:01:57said he couldn't understand her, but he
- 1:02:00did evidently understand that she had
- 1:02:01seen this car in the alleyway behind the
- 1:02:04house. And according to Patterson, she
- 1:02:07didn't tell him if there was more to
- 1:02:10this black car other than just going
- 1:02:12through the alleyway and then Mulder
- 1:02:14makes an excellent point saying, "Well,
- 1:02:17if it's just a car driving through the
- 1:02:18alleyway, why would she consider that
- 1:02:20suspicious?" Because that happens all
- 1:02:22the time. So, there had to be something
- 1:02:24different about what this black car was
- 1:02:27doing.
- 1:02:29Patterson then said that he went to
- 1:02:31Baylor Hospital about 4:30 in the
- 1:02:33morning and was told where Detective
- 1:02:36Frosh was.
- 1:02:37Uh Patterson never asked as to when
- 1:02:41Darley or either of her children had
- 1:02:43arrived at the hospital
- 1:02:45or even when they left the house. He
- 1:02:47said he never asked, but then said that
- 1:02:49it was on the fire department's run
- 1:02:51sheet.
- 1:02:52He said he looked at it, but didn't know
- 1:02:54what time they left.
- 1:02:56So, when he got to the room where Daron
- 1:02:59and Detective Frosh were, Terry Neil was
- 1:03:02there. Now, this is Karen's husband and
- 1:03:04remember they live across the street.
- 1:03:06And here
- 1:03:07we learn that Frosh and Terry Neil are
- 1:03:11cousins by marriage.
- 1:03:13Now, whether this matters right now or
- 1:03:15in the future, I don't know, but I
- 1:03:17didn't know about this. I thought it was
- 1:03:19kind of interesting.
- 1:03:20He said he went into the room to
- 1:03:23interview Daron and evidently they had
- 1:03:25Terry leave so they could interview
- 1:03:27Daron, but here's the thing. I thought
- 1:03:29that Frosh was already talking to Daron
- 1:03:32by the time Patterson got there and
- 1:03:34Terry was still in the room.
- 1:03:38So, did Terry then hear the questions
- 1:03:41being asked of Daron? Because remember
- 1:03:44Frosh and Terry Neil, they're related.
- 1:03:47So, maybe he felt a little bit more
- 1:03:49comfortable with Terry in the room and
- 1:03:50say, "Hey, I'm just going to go ahead
- 1:03:52and ask these questions." Or or
- 1:03:55they were just all hanging out waiting
- 1:03:57for a second officer to arrive. So,
- 1:04:00there's a little couple of different
- 1:04:01ways you can look at that. So, they had
- 1:04:03Terry leave the room and we learn that
- 1:04:07Patterson then took {quote} notes,
- 1:04:11but and
- 1:04:14seriously
- 1:04:16this is really laughable. He took what
- 1:04:18he called mental notes. He never wrote
- 1:04:21anything down. He later typed it up in a
- 1:04:24supplemental report, but that's it.
- 1:04:27He is then asked if Frosh took notes and
- 1:04:31he said that he did, but he wasn't sure
- 1:04:33if he wrote them down or not.
- 1:04:35You know,
- 1:04:37seriously, this has got to be a joke,
- 1:04:38right? I mean, how do you actually say,
- 1:04:42"I took notes."
- 1:04:44But then to you, your notes are also
- 1:04:46mental notes as well as physical notes.
- 1:04:48I this does not make any sense to me.
- 1:04:51We get more notes from actual notes from
- 1:04:56Detective Patterson when he's on the
- 1:04:57stand
- 1:04:59and he is asked if he has dated these
- 1:05:01notes and he said not all of them. And
- 1:05:05which is true. We learn though that a
- 1:05:07vast majority of his actual physical
- 1:05:10notes that he made aren't even dated at
- 1:05:13all.
- 1:05:14Patterson was evidently told by Phyllis
- 1:05:17Jackson, we also heard from her early on
- 1:05:20in the trial. She is the officer that
- 1:05:22works for Baylor
- 1:05:24um that they could go in and see Darley
- 1:05:27and he's asked if
- 1:05:30he is asked if he told Daron whether or
- 1:05:32not he should stay where he was or if he
- 1:05:35was free to leave and Patterson could
- 1:05:37not remember.
- 1:05:38Now, honestly, if he couldn't remember
- 1:05:40something that simple,
- 1:05:42what makes him think that his memory of
- 1:05:45a 20 to 30-minute conversation with
- 1:05:47Daron is going to be any better when he
- 1:05:50eventually writes his supplemental
- 1:05:52report? Patterson is then asked if he
- 1:05:55knew that Darley had just come out of
- 1:05:57surgery and he said that he did know
- 1:05:59that, but he didn't realize that she
- 1:06:02would have been medicated.
- 1:06:04So, this guy
- 1:06:06he he's got to be playing everyone,
- 1:06:08right? He really can't believe this, can
- 1:06:11he?
- 1:06:12I mean, I yeah, I I really don't know
- 1:06:15what to say about this.
- 1:06:17Darley did agree to speak with both
- 1:06:20Patterson and Frosh and again, no notes
- 1:06:24were taken by Patterson. However,
- 1:06:27this time for some reason Patterson had
- 1:06:29asked Frosh to take physical notes while
- 1:06:33he, Patterson, asked Darley questions.
- 1:06:37Now, why wasn't this done in the case of
- 1:06:39Daron? I'm just curious. I mean, if
- 1:06:41they're doing it for her, why aren't
- 1:06:42they doing it for him?
- 1:06:45Patterson is then given time to find
- 1:06:47these notes that Detective Frosh had
- 1:06:49made while Patterson was interviewing
- 1:06:51Darley and Frosh evidently was writing
- 1:06:53these down and he was not able to locate
- 1:06:55them in his files. He is asked if he
- 1:06:58recorded the conversation and he said,
- 1:07:01"No, because it's not the policy of the
- 1:07:03police department."
- 1:07:05He said that they spoke to Darley about
- 1:07:0820 to 30 minutes in the hospital and
- 1:07:11ironically this is about the same amount
- 1:07:13of time that he said he also spoke to
- 1:07:15Daron approximately. So,
- 1:07:17that's kind of where we're at right now.
- 1:07:19He's covered this.
- 1:07:22They've gone over, "Hey, who took the
- 1:07:24notes? How long was this conversation
- 1:07:25with Darley?" And then asked, "Okay,
- 1:07:27well, what did you do next?" And at this
- 1:07:29point this is when he goes
- 1:07:31back to the house and this is where we
- 1:07:33left off and where we will pick up in
- 1:07:36the next episode.
- 1:07:38But, I would love to know.
- 1:07:41Do you have any thoughts, opinions,
- 1:07:43ideas, suggestions? Am I reading into
- 1:07:46this wrong? About the whole, "Hey,
- 1:07:48mental notes and physical notes." kind
- 1:07:50of thing. Um I just be curious as to
- 1:07:52what your thoughts are about this. So,
- 1:07:55if you have any, please leave them in
- 1:07:57the YouTube comments area for this
- 1:07:59particular episode. I really do want to
- 1:08:02know what you think about this.
- 1:08:04And remember, we're not completely done
- 1:08:06with Patterson. We still have at least
- 1:08:08one more to go in this portion. We then
- 1:08:11move to two additional witnesses and
- 1:08:14then to a third witness, which is Daron,
- 1:08:17and then Jimmy Patterson is actually
- 1:08:18back on the stand followed by
- 1:08:21Officer Chris Frosh. So, that's kind of
- 1:08:24where we're at right now.
- 1:08:26Thank you all so so much for listening.
- 1:08:29I appreciate each and every single one
- 1:08:33of you.
- 1:08:34Again, if you have any comments or
- 1:08:36thoughts or ideas, please leave those in
- 1:08:40the YouTube comment area for this
- 1:08:42particular episode. I would love to read
- 1:08:44them. We will pick up where we left off
- 1:08:47with Detective Patterson in the next
- 1:08:50episode and we will talk very very soon.
- 1:08:54Bye for now.
About this transcript
This page contains the full transcript of [TRIAL TRANSCRIPT PART 51] - Darlie Routier Trial - Detective Jimmy Patterson Part 1 by TrueCrimeFM, generated from the public captions YouTube serves with the video. The transcript has 10,939 words across 1,674 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.
What you can do with it
Use the transcript to take notes, quote the speaker, build a study guide, generate a summary with ChatGPT or Claude via the YouTube Summary tool, or export it as a timed subtitle file with YouTube to SRT. You can also re-open it in the transcriber to translate the transcript into 100+ languages.
Free YouTube transcript tool
YouTube2Text is a free YouTube transcript generator — no signup, no daily limit. Paste any YouTube link and get the full transcript instantly, with timestamps, click-to-jump, translation to 100+ languages, AI prompts for ChatGPT, Claude, and Gemini, and exports to TXT, SRT, VTT, or Markdown.