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Volume 34

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS } NO. F-96-39973-J
7 VS: } & A-96-253
8 DARLIE LYNN ROUTIER } Kerr Co. Number
9
10
11
12
13 REPORTERS RECORD
14 JURY TRIAL
15 VOL. 34 OF 53 VOLS.
16 January 15, 1997
17 Wednesday
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1897

1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Wednesday, the 15th day of
5 January, 1997, in the Criminal District Court Number 3 of
6 Dallas County, Texas, the above-styled cause came on for
7 a jury trial before the Hon. Mark Tolle, Judge of the
8 Criminal District Court No. 3, of Dallas County, Texas,
9 with a jury, and the proceedings were held, in open
10 court, in the City of Kerrville, Kerr County Courthouse,
11 Kerr County, Texas, and the proceedings were had as
12 follows:
13
14
15
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1898

1
2 A P P E A R A N C E S
3
4
5 HON. JOHN VANCE
6 Criminal District Attorney
7 Dallas County, Texas
8
9 BY: HON. GREG DAVIS
10 Assistant District Attorney
11 Dallas County, Texas
12
13 AND:
14 HON. TOBY SHOOK
15 Assistant District Attorney
16 Dallas County, Texas
17
18 AND:
19 HON. SHERRI WALLACE
20 Assistant District Attorney
21 Dallas County, Texas
22
23 APPEARING FOR THE STATE OF TEXAS
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1899

1 ADDITIONAL APPEARANCES:
2
3 HON. DOUGLAS D. MULDER
4 Attorney at Law
5 2650 Maxus Energy Tower
6 717 N. Harwood
7 Dallas, TX 75201
8
9 AND: HON. CURTIS GLOVER
10 Attorney at Law
11 2650 Maxus Energy Tower
12 717 N. Harwood
13 Dallas, TX 75201
14
15 AND: HON. RICHARD C. MOSTY
16 Attorney at Law
17 Wallace, Mosty, Machann, Jackson & Williams
18 820 Main Street, Suite 200
19 Kerrville, TX 78028
20
21 AND: HON. S. PRESTON DOUGLASS, JR.
22 Attorney at Law
23 Wallace, Mosty, Machann, Jackson & Williams
24 820 Main Street, Suite 200
25 Kerrville, TX 78028
Sandra M. Halsey, CSR, Official Court Reporter
1900

1
2 AND: HON. JOHN HAGLER
3 Attorney at Law
4 901 Main Street, Suite 3601
5 Dallas, TX 75202
6 ALL ATTORNEYS REPRESENTING THE
7 DEFENDANT: DARLIE ROUTIER
8 MR. HAGLER HANDLING THE APPEAL
9 AND:
10 HON. ALBERT D. PATILLO, III
11 Attorney at Law
12 820 Main Street, Suite 211
13 Kerrville, TX 78028
14 APPEARING FOR: Witness-
15 Detective Jimmy Patterson
16 only on one date in trial
17 AND:
18 HON. STEVEN J. PICKELL
19 Attorney at Law
20 620 Earl Garrett Street
21 Kerrville, TX 78028
22 APPEARING FOR: Witness
23 Officer Chris Frosch
24 only on one date in trial
25
Sandra M. Halsey, CSR, Official Court Reporter
1901

1 P R O C E E D I N G S
2
3 January 15th, 1997
4 Wednesday
5 9:00 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 open court, in the presence
10 and hearing of the
11 defendant, being
12 represented by her attorneys
13 and the representatives of
14 the State of Texas, but
15 outside the presence of the
16 jury, as follows:)
17
18 THE COURT: All right. Today is
19 Wednesday, January 15th, 1997. All right. Let's go back
20 on the record.
21 Good morning, ladies and gentlemen.
22 Are both sides ready to bring the jury
23 in?
24 MR. RICHARD MOSTY: Yes, sir, the
25 Defense is ready.
Sandra M. Halsey, CSR, Official Court Reporter
1902

1 MR. GREG DAVIS: Yes, your Honor, the
2 State is ready.
3 THE COURT: All right. Bring the jury
4 in, please.
5
6 (Whereupon, the jury
7 was returned to the
8 courtroom, and the
9 proceedings were
10 resumed on the record,
11 in open court, in the
12 presence and hearing
13 of the defendant,
14 as follows:)
15
16 THE COURT: Good morning, ladies and
17 gentlemen. Let the record reflect that all parties in
18 the trial are present and the jury is seated.
19 Mr. Mosty, you may continue.
20 MR. RICHARD C. MOSTY: Good morning,
21 Officer Mayne. How are you today?
22 THE WITNESS: Pretty good.
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1903

1 Whereupon,
2
3 OFFICER DAVID MAYNE,
4
5 Resumed the stand as a witness, having been previously
6 duly sworn by the Court to speak the truth, the whole
7 truth, and nothing but the truth, testified further in
8 open court, as follows:
9
10 CROSS EXAMINATION (Resumed)
11
12 BY MR. RICHARD C. MOSTY:
13 Q. Did you tell me yesterday that you
14 took notes as you went through, things -- as you did
15 things you took notes?
16 A. After I got back to the station I
17 jotted down some notes.
18
19 THE COURT: What have we got here?
20 Just speak as loud as you can. I
21 think we have some electrical problems over here this
22 morning. You just have to talk as loud as you can.
23 Sorry.
24 THE WITNESS: They're computerized
25 generated. They are on the computer.
Sandra M. Halsey, CSR, Official Court Reporter
1904

1 BY MR. RICHARD MOSTY:
2 Q. So, it's accurate to say that
3 yesterday when you were referring to taking notes, you
4 were not talking about jotting down something at 5:50
5 a.m. or 6:15 or whenever it was?
6 A. Basically, on the notes that I had,
7 was on the evidence tags, and then I went back and did a
8 computerized, typed report.
9 Q. Okay. Let me hand you a sheet of
10 paper that was provided to me this morning. Is this what
11 you referred to as your notes?
12 A. Yes, sir.
13 Q. You referred to those yesterday?
14 A. Yes, sir.
15 Q. And those are the notes you didn't
16 have yesterday?
17 A. Yes, sir.
18 Q. And they were faxed in last night?
19 A. Yes, sir.
20 Q. And are these, likewise, kept on a
21 computer?
22 A. Yes, sir, they are.
23 Q. So, somebody -- you could just call up
24 there and somebody in Rowlett could pull this up on the
25 computer?
Sandra M. Halsey, CSR, Official Court Reporter
1905

1 A. Well, they did it on my computer, yes,
2 sir.
3 Q. So, somebody else can have access to
4 your reports?
5 A. That particular one, yes, sir.
6 Q. Well, what about the others?
7 A. They are in a file of mine that has my
8 password.
9 Q. Okay. But this one somebody could get
10 access to these notes?
11 A. Yes, sir.
12 Q. And, somebody could change them if
13 they got in there on that computer?
14 A. They are not changed, as I looked at
15 them.
16 Q. Well, I understand that. But someone
17 could change them, couldn't they?
18 A. They could get to it, yes, sir.
19 Q. And they are undated. It doesn't say
20 June 6th?
21 A. No, sir.
22 Q. Or January 15th?
23 A. It's just my notes.
24 Q. All right. Yesterday we talked about
25 you collecting evidence, and you described as you went
Sandra M. Halsey, CSR, Official Court Reporter
1906

1 through collecting towels and different stuff. We
2 haven't gotten to the blood yet, let's just talk about
3 the things you picked up.
4 And did I understand that you were
5 essentially in charge of collecting physical evidence
6 there at the scene?
7 A. Partly, yes, I was.
8 Q. Who else was?
9 A. If I am not mistaken, Officer
10 Hamilton.
11 Q. He is a fingerprint guy, isn't he?
12 A. Yes, sir.
13 Q. What about picking up things? You
14 know, glass, the wine glass?
15 A. I picked up some glass, yes, sir.
16 Q. So were you the primary one who was
17 assigned, Officer Mayne, I want you to -- you know, so we
18 can keep all this straight.
19 A. Yes, sir, I picked up most of the
20 evidence.
21 Q. You picked up everything?
22 A Yes, sir.
23 Q. Okay. And your supervisor in the
24 crime scene, or the crime evidence unit is whom?
25 A. David Nabors.
Sandra M. Halsey, CSR, Official Court Reporter
1907

1 Q. But he didn't really pick up much of
2 anything, did he?
3 A. No, sir.
4 Q. So, would it be fair to say that you
5 were primarily in charge of documenting what you found
6 there at the crime scene, in terms of photographs and
7 picking up of evidence?
8 A. Collecting, yes, sir.
9 Q. Collecting of evidence. And as part
10 of that, you knew, and part of your training, you knew
11 that later forensics people would be looking at some of
12 that evidence, don't you?
13 A. Yes, sir.
14 Q. And by forensic, we mean people like,
15 blood analysis, any kind of person who might look at that
16 and need to analyze that evidence?
17 A. Yes, sir.
18 Q. And that is common, isn't it?
19 A. Yes, sir.
20 Q. And, then you know, that those folks
21 are going to have to rely upon the integrity of what you
22 do?
23 A. Yes, sir.
24 Q. Don't you?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1908

1 Q. And that is the reason --
2
3 THE COURT: It's working now.
4 MR. RICHARD C. MOSTY: All right.
5 THE WITNESS: Okay.
6
7 BY MR. RICHARD C. MOSTY:
8 Q. And that is why you have never put,
9 for instance, like the bag you got from Zimmerman, you
10 would never put two pieces of evidence in the same bag?
11 A. For myself, there was an instance
12 where I put in some evidence. If it was collected
13 together, yes, I did put it together.
14 Q. What are you talking about? What
15 piece is that? I guess, for instance, all of these
16 papers, you put those together?
17 A. That's correct.
18 Q. What else?
19 A. There was a couple of rags in the
20 hallway.
21 Q. And those were bloody rags, weren't
22 they?
23 A. Yes, sir.
24 Q. And you know better than to put two
25 bloody items in the same bag?
Sandra M. Halsey, CSR, Official Court Reporter
1909

1 A. Well, they were collected together.
2 Q. But you know better than to do that,
3 don't you?
4 A. (No response.)
5 Q. Where were they collected together?
6 A. In the hallway.
7 Q. They were both in the hallway?
8 A. Yes, sir.
9 Q. I'm going to show you Exhibit No. 29.
10 And you are talking about these two items in the hallway?
11 A. Yes, sir.
12 Q. All right. So what are those?
13 A. Rags.
14 Q. Rags?
15 A. Yeah.
16 Q. One of them larger than the other?
17 A. Yes, sir.
18 Q. Is one -- does one appear to be a
19 towel?
20 A. Yes, sir, some type of towel.
21 Q. Okay. And your story right now is
22 that you picked those up and put them in the same bag
23 because they were close by each other?
24 A. Yes, sir.
25 Q. And let me show you these two --
Sandra M. Halsey, CSR, Official Court Reporter
1910

1 first, let me show you this bag. Is this the bag that
2 you picked up these two white towels in?
3 A. Yes, sir.
4 Q. Okay. Now, I want you to tell me how
5 different are they in size?
6 A. One is a little bit larger than the
7 other.
8 Q. Is that consistent with the difference
9 in size that you see in photograph 29?
10 A. Well, they are the same.
11 Q. So, your testimony is that the larger
12 towel, the larger of these rags, is this larger one shown
13 in Exhibit 29?
14 A. Yes, sir.
15 Q. And are you going to -- are you going
16 to stay with the idea that it is good police work to put
17 two bloody items in the same sack?
18 A. Well, again, I collected both of them
19 because they were there together.
20 Q. My question was: Is that good police
21 work?
22 A. To me, yes, sir, they were together.
23 Q. Okay. Now, and these were both
24 bloody?
25 A. A little bit, yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1911

1 Q. And they were both wet with blood?
2 A. They were dry, partially, when I
3 collected them.
4 Q. Partially wet, partially dry?
5 A. Yes.
6 Q. Now, how did you pick -- did you pick
7 them up with gloves?
8 A. Yes, sir.
9 Q. How did you pick them up and put them
10 in this sack? Demonstrate that for me.
11 A. With the corners --
12 Q. You picked up a corner. Why did you
13 do that?
14 A. To not touch the majority of the --
15 Q. So you wouldn't contaminate it, right?
16 A. With my gloves, yes.
17 Q. Right. So, as you picked it up
18 carefully, did you have the bag sitting on the ground or
19 what?
20 A. It was up.
21 Q. It was like this?
22 A. Yes, sir.
23 Q. Now, pick it up like you picked it up.
24 And I know you had on gloves.
25 A. Like this.
Sandra M. Halsey, CSR, Official Court Reporter
1912

1 Q. You picked it up by a corner. Did you
2 drop it in there?
3 A. Yes, sir.
4 Q. Didn't do anything to fold it. And
5 the next one?
6 A. Same way.
7 Q. Okay. So, then they are in there?
8 A. Yes, sir.
9 Q. Did you seal it then?
10 A. I tagged it, yes, sir.
11 Q. Put your evidence tag on it?
12 A. Yes, sir.
13 Q. And that is the evidence tag that is
14 missing?
15 A. Yes, sir.
16 Q. Okay. And now, once those two bloody
17 items are in there together, blood from one can get on
18 blood from the other. Can't it?
19 A. Possibly.
20 Q. Drip on to the other one?
21 A. Well, like I said, they were partially
22 dry. So I'm not sure if they were dripping.
23 Q. But they were touching?
24 A. Yes, sir.
25 Q. And they could soak each other, on
Sandra M. Halsey, CSR, Official Court Reporter
1913

1 each other. Right?
2 A. I'm not for sure, sir.
3 Q. When you carry it out to the car and
4 you set it down, that could cause blood from one to fall
5 on to the other, couldn't it?
6 A. Possibly.
7 Q. There is nothing to prevent blood from
8 one of these getting on the other, is there?
9 A. They were together.
10 Q. And is that good police work or bad
11 police work?
12 A. I consider it good police work since
13 they were together.
14 Q. All right. You consider that good
15 police work?
16 A. Yes, sir.
17 Q. Okay. You collected these two green
18 rags, were you collecting all of the rags out there.
19 A. Not all of the rags, no, sir.
20 Q. You collected these two green ones.
21 Did you collect any other rags?
22 A. Yes, sir.
23 Q. Which one?
24 A. The one in the family room.
25 Q. Okay. And, what did it look like?
Sandra M. Halsey, CSR, Official Court Reporter
1914

1 A. It was a green and white checkered
2 rag.
3 Q. Did you testify about it yesterday?
4 A. Yes, sir.
5 Q. Anybody got any number idea on this
6 one? In any event, you picked up another one?
7 A. Yes, sir.
8 Q. That is in the family room?
9 A. Yes, sir.
10 Q. Did you pick up any other rags?
11 A. One out on the front porch.
12 Q. Okay. Did you pick up any other rags?
13 A. No, sir.
14 Q. There were other rags there, weren't
15 there?
16 A. Yes, sir, there was.
17 Q. By the time you were picking up these
18 rags, what time of day was it?
19 A. Which one, sir?
20 Q. Well, the first one.
21 A. It was approximately 8:20 a.m.
22 Q. Okay. And how many times had you
23 changed gloves?
24 A. I changed gloves on each -- well, each
25 instance I picked up the rags.
Sandra M. Halsey, CSR, Official Court Reporter
1915

1 Q. Okay. And why is that?
2 A. For -- so I won't contaminate the rags
3 with the gloves that I picked up --
4 Q. So, that blood from your hands won't
5 go from one piece of evidence to another piece of
6 evidence?
7 A. That's correct.
8 Q. Isn't that right?
9 A. That's correct.
10 Q. Contrary to how you did the two rags
11 in here?
12 A. That's correct.
13 Q. Where blood could go from one to the
14 other?
15 A. That's correct.
16
17 MR. RICHARD C. MOSTY: What is our
18 next number?
19 THE COURT: No. 30.
20
21 (Whereupon, the following
22 mentioned items were
23 marked for
24 identification only as
25 Defense Exhibits 30, 31,
Sandra M. Halsey, CSR, Official Court Reporter
1916

1 32, after which time the
2 proceedings were
3 resumed on the record
4 in open court, as
5 follows:)
6
7 BY MR. RICHARD MOSTY:
8 Q. Okay. Let me show you Defendant's
9 Exhibit No. 30. Can you identify that?
10 A. That is going to be the cover that
11 covered one of the victims.
12 Q. Okay. That is a photograph you took
13 on the 6th?
14 A. Yes, sir.
15
16 MR. RICHARD C. MOSTY: We will offer
17 30.
18 MR. GREG DAVIS: No objection.
19 THE COURT: Defendant's Exhibit 30 is
20 admitted.
21
22 (Whereupon, the item
23 Heretofore mentioned
24 Were received in evidence
25 As Defendant's Exhibit
Sandra M. Halsey, CSR, Official Court Reporter
1917

1 No. 30 for all purposes,
2 After which time, the
3 Proceedings were resumed
4 As follows:)
5
6 BY MR. RICHARD MOSTY:
7 Q. Okay. And 30 is taken during your
8 very first walk-through of the house?
9 A. Yes, sir.
10 Q. Okay. And that is the cover that is
11 over Devon's body?
12 A. Yes, sir.
13 Q. Okay. Does it show a rag in it?
14 A. Yes, sir.
15 Q. Does it show a bloody rag in it?
16 A. Yes, sir.
17 Q. And it is -- there is a yellow figure
18 on that -- I guess, that underside blanket?
19 A. Yes, sir.
20 Q. Okay. And that rag is not quite
21 touching that yellow figure?
22 A. Yes, sir.
23 Q. Okay. Let me show you Exhibit No. 31,
24 and ask you if you can identify that?
25 A. That is the covers.
Sandra M. Halsey, CSR, Official Court Reporter
1918

1 Q. Similar photo?
2 A. Yes, sir.
3
4 THE COURT: We will offer No. 31.
5 MR. GREG DAVIS: No objection.
6 THE COURT: Defendant's Exhibit No. 31
7 is admitted.
8
9 (Whereupon, the items
10 Heretofore mentioned
11 Were received in evidence
12 As Defendant's Exhibit No. 31
13 For all purposes,
14 After which time, the
15 Proceedings were resumed
16 As follows:)
17
18 BY MR. RICHARD MOSTY:
19 Q. Is that also taken on the 6th?
20 A. Yes, sir.
21 Q. Does that depict -- is the rag in the
22 same location as it was in the picture immediately before
23 it?
24 A. It's in the same vicinity.
25 Q. Same vicinity?
Sandra M. Halsey, CSR, Official Court Reporter
1919

1 A. Um-hum. (Witness nodding head
2 affirmatively).
3 Q. Okay. But not the same place?
4 A. Yes, sir.
5 Q. Care to explain? Yes, sir, it's not
6 in the same place?
7 A. Yes, sir, it is.
8 Q. Yes, sir, it is in the same place?
9 A. Yes, it is.
10 Q. How do you account for the way that
11 looks?
12 A. From the angle that I took the
13 photograph.
14 Q. Okay. Well, yesterday when I said,
15 remember when I stood right here and said, if you take --
16 that sometimes photographs are distorted by the angle.
17 Do you remember me asking you that yesterday?
18 A. I remember.
19 Q. And you didn't agree with me, did you?
20 A. Well, I don't recall.
21 Q. Don't you remember when I was talking
22 about taking 90 degree photographs? The reason is so
23 that if you get at an angle it distorts the photograph.
24 You don't remember that line of questioning yesterday?
25 A. I remember you saying something about
Sandra M. Halsey, CSR, Official Court Reporter
1920

1 it.
2 Q. And you didn't agree with me, did you?
3 A. To be honest with you, I don't recall.
4 Q. But now your story is that there is a
5 difference between 30 and 31, is because it's a different
6 camera angle?
7 A. Yes, it is.
8 Q. But that the -- but that the rag is
9 not moved?
10 A. No.
11 Q. All right. Now, shortly after this,
12 these photos are taken, the medical examiner came in,
13 right?
14 A. Yes, sir.
15 Q. And you saw that rag again?
16 A. Yes, sir.
17 Q. Didn't you?
18 A. Yes, sir.
19 Q. And you photographed it again?
20 A. Yes, sir.
21 Q. Okay. And then you stayed at that
22 house and started collecting rags about 9 -- or you were
23 collecting in the 9:00 o'clock range?
24 A. 8:00 o'clock, in that area.
25 Q. Okay. And you didn't collect this
Sandra M. Halsey, CSR, Official Court Reporter
1921

1 rag, did you?
2 A. No, sir.
3 Q. It had blood on it, didn't it?
4 A. Yes, sir.
5 Q. It was next to the body of Devon
6 Routier, wasn't it?
7 A. Yes, sir.
8 Q. It was -- you knew that the paramedics
9 had been in there and had done something in that area,
10 didn't you?
11 A. Yes, sir.
12 Q. You knew that the paramedics had
13 covered up the body, didn't you?
14 A. Well, I wasn't aware of that. I
15 wasn't there.
16 Q. Well, you knew that the medical
17 examiner, for instance, picked up the -- some of those
18 things around Devon Routier and took them to the medical
19 examiner's office, didn't you?
20 A. Yes, sir.
21 Q. You saw that happen?
22 A. Yes, sir.
23 Q. So you knew that what was next to that
24 body was important, didn't you?
25 A. Well, the blankets, yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1922

1 Q. But the rag wasn't important?
2 A. I didn't say that.
3 Q. It was important, wasn't it?
4 A. Well, it could be.
5 Q. It should have been collected,
6 shouldn't it?
7 A. I didn't collect it.
8 Q. It should have been collected,
9 shouldn't it?
10 A. I gave at that point where I didn't
11 determine that it needed to be collected.
12 Q. You made that decision that it wasn't
13 important enough to collect?
14 A. I made that decision.
15 Q. And that was a conscious decision?
16 A. That was my decision.
17 Q. That was your decision that that rag
18 which has blood on it and it is next to Devon Routier's
19 body is not important enough to have forensics look at
20 it?
21 A. I made that decision.
22 Q. Let me show you Exhibit 32. Does that
23 fairly and accurately depict the scene on, two days
24 later?
25 A. I'm not for sure. I wasn't there two
Sandra M. Halsey, CSR, Official Court Reporter
1923

1 days later.
2 Q. Do you -- you didn't take these
3 photographs dated 6-8?
4 A. No, sir.
5 Q. Well, does that depict -- does that
6 accurately depict the living room?
7 A. That is the living room.
8 Q. Okay.
9
10 MR. RICHARD C. MOSTY: We'll offer No.
11 32.
12 MR. GREG DAVIS: I can't agree to
13 that. I'm going to object. This witness has testified
14 that he was not there on the 8th. He doesn't know how
15 this living room looked on the 8th. For that reason, we
16 will object to it. It has not been offered.
17 THE COURT: Overruled. I'll admit the
18 photo.
19 BY MR. RICHARD MOSTY: Exhibit 32?
20 THE COURT: State's (sic) Exhibit No.
21 32 is admitted.
22
23 (Whereupon, the above
24 mentioned item was
25 received in evidence
Sandra M. Halsey, CSR, Official Court Reporter
1924

1 as Defendant's No. 32,
2 for all purposes
3 after which time,
4 the proceedings were
5 resumed on the record,
6 as follows:)
7
8 BY MR. RICHARD MOSTY:
9 Q. Okay. Does it have a time-date on it?
10 A date stamp, I'm sorry.
11 A. Yes, sir.
12 Q. Two days later, the 8th?
13 A. Yes, sir.
14 Q. Now let me direct your attention.
15 Over here by the fireplace, are those written or printed
16 materials?
17 A. Some type of material.
18 Q. Were there some files over there by
19 that fireplace?
20 A. I don't recall.
21 Q. You don't recall?
22 A. No, sir.
23 Q. Okay. The rag that we have described
24 that wasn't important enough to pick up in Exhibits 31 --
25 30 and 31, that rag?
Sandra M. Halsey, CSR, Official Court Reporter
1925

1 A. Yes, sir.
2 Q. In Exhibit 32, where is it?
3 A. I'm not for sure. I wasn't there.
4 Q. You do not know where that white rag
5 is two days later?
6 A. There is a white rag on the coffee
7 table, but I'm not for sure if it's that rag.
8 Q. Well, does it appear to have blood
9 stains on the one on the coffee table?
10 A. I'm not for sure, sir.
11 Q. Can't tell?
12 A. Can't tell.
13 Q. As a reasonably prudent peace officer,
14 do you think that most likely, that that rag on the table
15 is the same one that was on the floor two days before?
16
17 MR. GREG DAVIS: I am going to object.
18 That calls for speculation. This witness has testified
19 several times now, that he wasn't there on the 8th, he
20 didn't have an opportunity to look at those items in that
21 family room, so that calls for conclusion and speculation
22 on his part.
23 THE COURT: If you know the answer
24 from -- if you know the answer from your own knowledge,
25 I'll let you answer.
Sandra M. Halsey, CSR, Official Court Reporter
1926

1 THE WITNESS: No, sir.
2
3 BY MR. RICHARD MOSTY:
4 Q. I'm asking as a peace officer of 10
5 years who has been trained in all this schooling. You
6 can't draw a conclusion one way or another as to whether
7 or not that is the same rag?
8
9 MR. GREG DAVIS: I'll object again.
10 It calls for speculation.
11 THE COURT: I'll sustain that
12 objection.
13 MR. RICHARD C. MOSTY: My question is:
14 Can he draw a conclusion?
15 MR. GREG DAVIS: I'm going to object,
16 it calls for a conclusion.
17 THE COURT: I'll sustain the
18 objection, unless he knows it from his own knowledge.
19
20 BY MR. RICHARD MOSTY:
21 Q. Can you give me any explanation of how
22 a white rag would jump from the floor onto the table?
23
24 MR. GREG DAVIS: I'm going to object,
25 that is arguing with the witness and calling for
Sandra M. Halsey, CSR, Official Court Reporter
1927

1 speculation.
2 THE COURT: Well, I'll overrule that
3 one. If he has any idea, then I'll let him answer that
4 one.
5
6 BY MR. RICHARD C. MOSTY:
7 Q. Do you have any idea how that white
8 rag jumped up on the table?
9 A. Somebody could have put it up there.
10 Q. And that would be bad police work,
11 wouldn't it?
12 A. No, sir.
13 Q. That is good police work to leave it
14 there for two days, pick it up, put it on the table. Was
15 it ever collected?
16 A. I don't know.
17 Q. I wonder where it is?
18
19 MR. GREG DAVIS: I'm going to object
20 to that.
21 THE COURT: I'll sustain the
22 objection, that is speculation.
23 MR. GREG DAVIS: That is speculation.
24 We will see in just a moment where it is.
25
Sandra M. Halsey, CSR, Official Court Reporter
1928

1 BY MR. RICHARD MOSTY:
2 Q. Did you collect the green container,
3 the plastic container?
4 A. No, sir.
5 Q. That is like the rag on the floor.
6 You made a decision that that wasn't important?
7 A. That's correct.
8 Q. And you didn't inventory it?
9 A. No, sir.
10 Q. Let's cover these file folders, if we
11 can. Or the papers that you collected. Again, we will
12 do State's Exhibit 150. And that is a later photo?
13 A. Yes, sir.
14 Q. That one shows what, a pad on top?
15 A. Yes, sir.
16 Q. Okay. Exhibit No. 25, that shows file
17 folders, and that is after you have picked them up and
18 moved them around?
19 A. Yes, sir.
20 Q. And photographed them?
21 A. Yes, sir.
22 Q. Exhibit 23, is -- and let me show you
23 24, too. Why don't you just tell me which is the
24 earliest order? Which is the earliest photograph we have
25 here?
Sandra M. Halsey, CSR, Official Court Reporter
1929

1 A. Right here.
2 Q. All right. And, tell me, how many
3 green folders are up there?
4 A. I'm not for sure, two or three, in
5 that area.
6 Q. Four, maybe?
7 A. I'm not for sure. I think there was
8 three.
9 Q. That is the condition that those
10 folders were in when you first saw them?
11 A. Yes, sir.
12 Q. They weren't like we have them here in
13 evidence, laying out, were they?
14 A. No, sir.
15 Q. All of these notes about wills and all
16 of that stuff. None of that stuff was laying out, was
17 it?
18 A. It was inside the green folders.
19 Q. It didn't appear that anybody had been
20 sitting there reading that stuff or going through it that
21 night, did it?
22 A. They could have. I don't know. I
23 wasn't there.
24 Q. Well, if they did, they would have had
25 to file it back in the folders?
Sandra M. Halsey, CSR, Official Court Reporter
1930

1 A. Possibility.
2 Q. A possibility?
3 A. Well, I mean, I wasn't there.
4 Q. Okay. But there are no loose papers
5 out on top of those green file folders, are there?
6 A. No, sir.
7 Q. And those file folders, did they have
8 labels?
9 A. Yes, sir.
10 Q. What were the labels?
11 A. I'll be honest will you, I don't
12 recall what was the labels on the file folders.
13 Q. And, of course, you didn't do anything
14 to inventory them?
15 A. After I got back to the station.
16 Q. Did you take them all out of the
17 files?
18 A. Yes, sir, I looked through them.
19 Q. Okay. There at the scene?
20 A. Some of them, yes, sir.
21 Q. In the living room?
22 A. Yes, sir.
23 Q. Did you spread them out on a table, or
24 what?
25 A. No, sir. I just took them out of the
Sandra M. Halsey, CSR, Official Court Reporter
1931

1 green folders.
2 Q. Did you put them back in the same
3 folder?
4 A. Yes, sir.
5 Q. Okay. Then you took all of the
6 folders down and you checked them all into evidence?
7 A. Yes, sir.
8 Q. Okay. Now, the second one, the
9 second, Defendant's Exhibit No. 25, is that -- no, that
10 wouldn't be second in time, would it? 24. Would that be
11 before 150, or can you tell?
12 A. I don't know if it was or not, because
13 I had different things laid out on top. I just went
14 through them and photographed them on top.
15 Q. As you moved them around, you
16 photographed them?
17 A. Yes, sir.
18 Q. Okay.
19
20 (Whereupon, the
21 following mentioned
22 Exhibits were marked
23 For identification
24 Only, as Defendant's
25 Exhibit No. 33 & 34.)
Sandra M. Halsey, CSR, Official Court Reporter
1932

1 BY MR. RICHARD MOSTY:
2 Q. I want to hand you what I have marked
3 as a green folder, Exhibit 33, with a number of papers in
4 it. And I've marked as Exhibit 34 one of those papers in
5 there. Tell me: Is that the evidence that you
6 collected? Is that the remainder of the papers?
7 Some of the papers are in evidence.
8 Is that the remainder of the papers and file folders and
9 stuff that you collected?
10 A. It appears to be some of them, yes,
11 sir.
12 Q. Some of them?
13 A. Well, there was so many, I don't know
14 if that is all of them or not.
15 Q. Is there any way to know?
16 A. With the bag that I had tagged, I
17 would be able to know. But taking it out of the bag --
18 Q. You got one of these paper sacks
19 somewhere?
20 A. I had one.
21 Q. Okay. But there is no way to know
22 today, whether or not all of these papers that were
23 there, are here. Is that what you are telling me?
24 A. No, sir. The ones -- the tag that I
25 had that was put into evidence, everything was there.
Sandra M. Halsey, CSR, Official Court Reporter
1933

1 Q. Okay. And did you identify all of
2 these things?
3 A. I looked through them. No, I didn't
4 identify everything on the tag, but I did look through
5 them, and packed them together.
6 Q. Okay. And you -- there is no way you
7 could recollect what was in there and what was not and
8 what might be gone?
9 A. Everything that I had packed is there,
10 whatever was put into the Courtroom is here.
11 Q. And that was everything you picked up?
12 A. Yes, sir.
13 Q. Okay. Now, explain to me why I don't
14 have four green folders, three or four green folders,
15 rather than just one?
16 A. I'm not for sure.
17 Q. There are three or four green folders
18 in that photo, aren't they?
19 A. Yes, sir.
20 Q. And you collected all of them?
21 A. I collected many of them, yes, sir.
22 Q. Well, did you collect all of them or
23 many of them?
24 A. I collected what I had in the bag.
25 Q. Okay. And this one, and is that what
Sandra M. Halsey, CSR, Official Court Reporter

1934

1 I am holding in my hand is Exhibit No. 33?
2 A. Yes, sir, that is some of it, yes,
3 sir.
4 Q. Is it all of it?
5 A. Everything that I had in the bag,
6 there were so many papers, I'm not for sure.
7 Q. Well, let's don't focus on papers for
8 a minute. Let's focus on green folders. This one that
9 you do have says birth certificates and licenses?
10 A. Yes, sir.
11 Q. And there are three or four others.
12 Did they have labels on them like that?
13 A. I don't think so. I'm not for sure.
14 Q. You can't remember?
15 A. I can't remember.
16 Q. And they are gone? Where are they?
17 A. I don't recollect. I don't know if
18 I -- I don't remember if I collected just one or all
19 three.
20 Q. You don't remember if you collected
21 all of these folders or not?
22 A. Correct.
23 Q. Well, then, if you didn't collect
24 them, wouldn't they show in some photograph in the room,
25 like this white rag that you didn't collect? Wouldn't we
Sandra M. Halsey, CSR, Official Court Reporter
1935

1 be able to go to some photograph and say, "There are the
2 other green folders that Officer Mayne didn't collect"?
3 A. I'm not for sure.
4
5 MR. GREG DAVIS: Your Honor, I'm going
6 to object to that. It calls for speculation. We don't
7 know which photographs, what date or anything.
8 THE COURT: I'll sustain that
9 objection as the question is phrased.
10
11 BY MR. RICHARD MOSTY:
12 Q. Are there any photographs that you are
13 aware of that photograph these file folders, after
14 Exhibit 25?
15 A. I don't know.
16 Q. You are not?
17 A. I didn't take any, no, sir. I don't
18 know.
19 Q. You didn't take any. And Exhibit 25,
20 you told me yesterday that you picked that up and you set
21 it down on the couch there and photographed it, and then
22 you took it to your car, didn't you?
23 A. I took some of it, yes, sir.
24 Q. Yesterday, did you tell me you took it
25 all?
Sandra M. Halsey, CSR, Official Court Reporter
1936

1 A. I don't remember.
2 Q. Don't you remember I was asking you, I
3 said, "What did you do?" And you said, first you said,
4 "I picked it up. I went straight to my car with it."
5 A. Yes, sir.
6 Q. And then I showed you this photograph,
7 25, and then you remembered that you had not gone
8 straight to your car, but that --
9 A. I photographed it.
10 Q. -- you had photographed it.
11 A. Yes, sir.
12 Q. You remember that?
13 A. Yes, sir.
14 Q. Okay. And now you are not sure
15 whether or not you picked all these up and took them to
16 your car or not?
17 A. I went through the papers, and the
18 papers that I felt like were pertinent, I collected.
19 Q. Okay. Well, for instance, some of
20 what you thought was pertinent is Defendant's Exhibit 21
21 and 20, right?
22 A. Yes, sir.
23 Q. You thought those were important?
24 A. Yes, sir.
25 Q. And tell the jury what 20 is.
Sandra M. Halsey, CSR, Official Court Reporter
1937

1 A. It's a Pet Rest Memorial Park Burial.
2 Q. Okay. And that is for the burial of
3 a -- of a cat, is it?
4 A. Yes, sir.
5 Q. In August of 19 -- August 1st of 1995?
6 A. Yes, sir.
7 Q. And you thought that that was
8 important and that you should collect it?
9 A. Yes, sir.
10 Q. Did you also collect a receipt? What
11 is that receipt for? Exhibit -- what is the blue Exhibit
12 No. on there?
13 A. No. 21.
14 Q. Right.
15 A. It's a bronze and granite headstone,
16 it looks like.
17 Q. Headstone?
18 A. I guess.
19 Q. For a cat?
20 A. Yes, sir.
21 Q. In July of 95?
22 A. Yes, sir.
23 Q. And you thought that was important
24 evidence?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1938

1 Q. Okay. And so you collected it?
2 A. Yes, sir.
3 Q. Now, this is at -- is this the same
4 time that you are making the decision that the bloody
5 towel by Devon is not important?
6 A. No, this was later on in the day, sir.
7 Q. This is after you have already decided
8 the towel is not important, you decide that the cat
9 burial is important?
10 A. Yes, sir.
11 Q. Okay.
12
13 MR. RICHARD C. MOSTY: We're going to
14 offer No. 33 and I marked one in there as 34.
15 THE COURT: Okay.
16 MR. GREG DAVIS: No objection.
17 THE COURT: Defendant's Exhibits 33
18 and 34 are admitted.
19
20 (Whereupon, the above
21 mentioned items were
22 received in evidence
23 as Defendant's Nos.
24 33 & 34 for all purposes
25 after which time,
Sandra M. Halsey, CSR, Official Court Reporter
1939

1 the proceedings were
2 resumed on the record,
3 as follows:)
4
5 BY MR. RICHARD C. MOSTY:
6 Q. Okay. Now, 33, and I'm not going to
7 belabor all of this stuff, but I want to point out a few
8 things.
9 All of the things that I am holding in
10 my hand on 33, those are things that you thought were
11 important to this investigation?
12 A. Yes, sir.
13 Q. And these are all of the things that
14 you collected?
15 A. Yes, sir.
16 Q. Let me show you, for instance, Exhibit
17 34. What is Exhibit 34?
18 A. It's an attorney at law addressing to
19 the Routiers.
20 Q. What is it dated?
21 A. October 5th, '95.
22 Q. Okay. Do you have a will?
23
24 MR. GREG DAVIS: Objection. It's
25 irrelevant what this witness has.
Sandra M. Halsey, CSR, Official Court Reporter
1940

1 MR. RICHARD C. MOSTY: I'll get
2 somewhere with it.
3 MR. GREG DAVIS: I'm going to object
4 again. It's irrelevant whatever he has.
5 THE COURT: I'll sustain the
6 objection. Right now, I'll sustain that objection.
7
8 BY MR. RICHARD MOSTY:
9 Q. This is a letter from a lawyer to the
10 Routiers on October 5th, 1995?
11 A. Yes, sir.
12 Q. Why don't you read it to the jury.
13 A. "Dear Mr. and Mrs. Routier, I am sorry
14 we were unable to get together recently to discuss your
15 estate plan. Enclosed is a brochure giving you an idea
16 of my areas of practice, and a map for your convenience
17 in finding my office. If you will call my office, so we
18 can reschedule you for a convenient time for you to come
19 in for a no-charge office conference, to discuss this
20 matter. I understand you are expecting a new arrival. I
21 hope everything goes well. Awaiting your call, I am very
22 truly yours, Charles Hirsch."
23 Q. Okay. And, that is a lawyer who wrote
24 them a letter about an appointment they couldn't make?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1941

1 Q. Okay. And, let me ask you, there are
2 a lot -- there are a bunch of notes in here that were
3 introduced yesterday about, what I would call, like a
4 note about something that someone wanted in a will?
5 A. Yes, sir.
6 Q. Does it appear to you that those
7 notes, about what I would like in my will, go with
8 Exhibit 34?
9
10 MR. GREG DAVIS: Objection, it calls
11 for speculation on the part of this witness.
12 THE COURT: I'll sustain that
13 objection.
14 MR. RICHARD C. MOSTY: Okay.
15
16 BY MR. RICHARD C. MOSTY:
17 Q. Were they found in the same file?
18 A. In the same area, yes.
19 Q. In the same file?
20 A. Yes, sir.
21 Q. The notes about the will were found in
22 the same file from the letter from the lawyer?
23 A. Yes, sir.
24 Q. Did you collect that file? Did it say
25 will or something on the outside of that file?
Sandra M. Halsey, CSR, Official Court Reporter
1942

1 A. I don't recall. I know I recovered --
2 or recovered some birth certificates in that area.
3 Q. Okay. Were of all the birth
4 certificates in one file?
5 A. I believe so.
6 Q. Okay. Was the marriage license in a
7 file?
8 A. I don't remember which file, but yes,
9 it was in that area.
10 Q. Okay. And, the birth certificates and
11 licenses, this green folder marked 33, is that where the
12 birth certificates and the licenses were?
13 A. Yes, sir.
14 Q. Is that where the Social Security
15 cards were?
16 A. I don't recall.
17 Q. Is that where these hospital records
18 were?
19 A. To be honest with you, I don't recall.
20 They were laying out.
21 Q. Was there a separate one that talked
22 about health, shots, children's shots?
23 A. I don't recall that.
24 Q. You don't recall a file like that?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1943

1 Q. All right. Let's go on to some of
2 this other stuff that you chose to collect.
3
4 MR. RICHARD C. MOSTY: May I set this
5 here?
6 THE COURT: You may indeed. That will
7 be fine.
8
9 BY MR. RICHARD MOSTY:
10 Q. Let me hand you a stack of items that
11 you collected that day. Can you see them all right?
12 A. Yes, sir.
13 Q. Okay. One is -- I didn't mean to pick
14 that up, but that is a card for an optometrist?
15 A. Yes, sir.
16 Q. Okay. And what are all of these other
17 things?
18 A. Just clippings.
19 Q. Of, of --
20 A. Magazines.
21 Q. -- of furniture, of pillows, shades,
22 of rugs. Is that what they are?
23 A. Yes, sir.
24 Q. And this is of shower curtains?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1944

1 Q. Of drapes? And this was some of the
2 evidence that you thought was important enough to
3 collect?
4 A. No, sir. It was just in the file and
5 it went along with the file. I didn't collect it just
6 because it was -- that was clippings.
7 Q. Did you pick -- so you didn't go
8 through it to decide what was important?
9 A. I went through a lot of it, yes. But
10 whatever was in the file, no, I didn't.
11 Q. Okay.
12 A. It went along with the file.
13 Q. Well, did you pick up every piece of
14 paper there or not?
15 A. I went through a lot of paper there,
16 yes, sir.
17 Q. Did you leave some?
18 A. Yes, sir.
19 Q. And you chose to keep some?
20 A. Yes, sir.
21 Q. I see a number of cards in here of --
22 here is a card of -- what is that? Ted R. Quick, some
23 kind of furniture?
24 A. Collectables, yes, sir.
25 Q. Charles Hirsh, that is the lawyer who
Sandra M. Halsey, CSR, Official Court Reporter
1945

1 talks about the estate plan?
2 A. Yes, sir.
3 Q. In Exhibit 34?
4 A. Same name.
5 Q. Okay. For instance, were the doctors'
6 cards in the same file with some of these records, some
7 of the medical records, immunization records?
8 A. I don't recall if it was in the same
9 folder.
10 Q. Do you remember brochures about going
11 on trips?
12 A. Yes, sir.
13 Q. What file were they in?
14 A. I'm not for sure. I just went through
15 different files.
16 Q. Why didn't you take an inventory of
17 what these items were with the list, so we would know
18 what you took and what you didn't take?
19 A. Because I just took a -- I wrote on
20 the evidence tag what the bag was, and that was my list.
21 Q. Did you type up a list of the items
22 taken?
23 A. Yes, sir.
24 Q. An evidence report?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter

1946

1 Q. Let me hand you a 6 page document, and
2 ask you if that is your evidence report?
3 A. Yes, sir.
4 Q. Can you identify on there where you
5 described all of these papers you picked up?
6 A. Yes, sir. Right here, sir, No. 69.
7 Q. No. 69?
8 A. Yes, sir.
9 Q. And your reference there is: Birth
10 certificates, steno pads, papers, insurance policies of
11 Darin and Darlie Routier?
12 A. Yes, sir.
13 Q. So you listed three things out of all
14 that you collected?
15 A. Yes, sir.
16 Q. So there is no way to verify what went
17 in that bag and what was kept out of that bag, is there?
18 A. No, sir. I can verify what I put in
19 there.
20 Q. As this, or as this?
21 A. As that.
22 Q. Where are the other green folders
23 then?
24 A. I collected just that one.
25 Q. You now know that you collected just
Sandra M. Halsey, CSR, Official Court Reporter
1947

1 this one?
2 A. Yes, sir.
3 Q. You chose that one and left the
4 others?
5 A. Yes, sir.
6 Q. What about the papers in the others?
7 Did you put it in that one?
8 A. Papers that I collected, yes, sir.
9 Q. You took them out of the green folder
10 and put them in your evidence bag?
11 A. Yes, sir, in the sack.
12 Q. So, there is no way to go back and
13 reconstruct whether the life insurance policies were in
14 an insurance file, whether the birth certificates were in
15 a certificate file, whether the medical records were in a
16 medical records file. We can't do that now, can we?
17 A. No, sir, we're not at the scene.
18 Q. Now, while you are making this
19 process, or you're going through this decision-making
20 process, what went through your mind about that bloody
21 rag, about why not to collect it?
22 A. Which bloody rag, sir?
23 Q. The bloody rag in the middle of the
24 floor that you didn't collect.
25 A. I just didn't collect it, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1948

1 Q. Well, I know that. But my question
2 is: What was your thought process on June 6th when you
3 said, "I'm not going to collect that." What was your
4 thought process?
5 A. I'm not for sure. I don't recall.
6 Q. Aren't you taught at the academy to
7 inventory items, for instance, that are in a file?
8 A. No, sir.
9 Q. You are not taught to do that?
10 A. I was not, no.
11 Q. So you just picked up this big stack,
12 you put it in a paper sack, and you labeled it as,
13 insurance policies, IDs, et cetera?
14
15 MR. GREG DAVIS: Objection. That is
16 repetitious. It's been gone into two or three times.
17 THE COURT: Sustained.
18
19 (Whereupon, the following
20 mentioned item was
21 marked for
22 identification only
23 as Defense Exhibit No. 35,
24 after which time the
25 proceedings were
Sandra M. Halsey, CSR, Official Court Reporter
1949

1 resumed on the record
2 in open court, as
3 follows:)
4
5 BY MR. RICHARD MOSTY:
6 Q. Let me show you a document here. Is
7 this the actual evidence tag?
8 A. Yes, sir, it is.
9 Q. And that went on the bag?
10 A. Yes, sir.
11 Q. Stapled on the bag?
12 A. Yes, sir.
13 Q. And what is the description you put on
14 there?
15 A. Birth certificates, life insurance
16 policies, steno pad with writing, papers.
17
18 MR. RICHARD C. MOSTY: I'm going to
19 mark this as 35 and offer it, your Honor.
20 MR. GREG DAVIS: No objection.
21 THE COURT: Defendant's Exhibit 35 is
22 admitted.
23
24 (Whereupon, the item
25 Heretofore mentioned
Sandra M. Halsey, CSR, Official Court Reporter
1950

1 Was received in evidence
2 As Defense Exhibit No. 35
3 For all purposes,
4 After which time, the
5 Proceedings were resumed
6 As follows:)
7
8 BY MR. RICHARD MOSTY:
9 Q. Exhibit 35 is in your handwriting?
10 A. Yes, sir.
11 Q. Okay.
12 MR. RICHARD MOSTY: May I --
13
14 (Whereupon, the following
15 mentioned item was
16 marked for
17 identification only
18 after which time the
19 proceedings were
20 resumed on the record
21 in open court, as
22 follows:)
23
24 BY MR. RICHARD MOSTY:
25 Q. Let me show you, Exhibit Number --
Sandra M. Halsey, CSR, Official Court Reporter
1951

1 Defendant's Exhibit 36. Is that something you can
2 identify?
3 A. Yes, sir.
4 Q. Okay. And does that depict the
5 Routier home, or a portion of it, the couch?
6 A. Yes, sir.
7
8 MR. RICHARD C. MOSTY: We will offer
9 36.
10 MR. GREG DAVIS: No objection.
11 THE COURT: Defendant's Exhibit 36 is
12 admitted.
13
14 (Whereupon, the item
15 Heretofore mentioned
16 Was received in evidence
17 As Defense Exhibit No. 36
18 For all purposes,
19 After which time, the
20 Proceedings were resumed
21 As follows:)
22
23 BY MR. RICHARD C. MOSTY:
24 Q. And Exhibit 36, is it taken on the
25 8th? Is that the date stamped on it?
Sandra M. Halsey, CSR, Official Court Reporter
1952

1 A. Yes, sir.
2 Q. And is that pillow that is shown
3 there, do you know if that is the same pillow that you
4 took the pictures of the -- in -- that you took the file
5 folder pictures on on 25? Is that the same pillow?
6 A. It could be.
7 Q. Okay. Now, I just noticed this, at
8 150, in that one, the pillow's on the floor, right?
9 A. That is on the floor.
10 Q. Okay. And in 24, the pillow is on the
11 floor. Right?
12 A. Yes, sir. The pillow is on the floor.
13 Q. And on 25 the pillow is up on the
14 couch.
15 A. A pillow is on the couch, yes, sir.
16 Q. Okay. And, you have already told us
17 that you photographed the green files on top of this
18 pillow.
19 A. Yes, sir.
20 Q. So, did you pick up the pillow off the
21 floor and put it on the couch and then pick up the green
22 things and put it on the pillow?
23 A. No, sir.
24 Q. You did not do that?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1953

1 Q. Who did?
2 A. I don't know.
3 Q. Well, in 24 and 25, the lamp shade is
4 still, -- the lamp shade is shown, is it not?
5 A. Yes, sir.
6 Q. And it is up on the couch?
7 A. Yes, sir.
8 Q. Okay. And in Exhibit 150, it's not on
9 the couch?
10 A. No, sir.
11 Q. And we know that the latest one is 25?
12 A. Yes, sir.
13 Q. Okay. So, we have got one photograph,
14 150 -- let me see what the order is -- is, 150 comes
15 before 25, correct, showing you those?
16 A. Yes, sir.
17 Q. Okay. And Number 24 fits in there
18 where?
19 A. Where is 24?
20 Q. This is 24, is the top one. It must
21 be -- the pillow is still on the floor.
22 A. Yes, sir.
23 Q. And the files are still over there?
24 A. Yes, sir.
25 Q. So do these -- does that one fit in
Sandra M. Halsey, CSR, Official Court Reporter
1954

1 between these?
2 A. I don't recall, to be honest with you.
3 Q. You can't tell?
4 A. No, sir.
5 Q. Okay. Now, let me get one other --
6 the photograph of -- the first photograph that you
7 identified is the earliest, I think that is 19, the lamp
8 shade is up on the couch?
9 A. Yes, sir.
10 Q. From these photographs, does it appear
11 that the lamp shade is up on the couch, the lamp shade is
12 down on the floor, and then the lamp shade is back up on
13 the couch?
14 A. There are photos where they are down
15 and up, yes, sir.
16 Q. Up, down, back up?
17 A. The way you have got them, yes, sir.
18 The way you have got the pictures, since you are sorting
19 them.
20 Q. Well, I don't -- I'm just trying to
21 sort them according to how you tell me to. If you can.
22 We know that 25 is last, don't we?
23 A. Yes, sir.
24 Q. Okay. And we know that 150 is not at
25 the first.
Sandra M. Halsey, CSR, Official Court Reporter
1955

1 A. Yes, sir.
2 Q. 24, can you tell me where in the
3 sequence that goes? It's different than 150, isn't it?
4 A. Yes, sir, this is before this one
5 here.
6 Q. Okay. So, you are comfortable with
7 this order right here. Am I right?
8 A. Yes, sir.
9 Q. Okay. So, 24 is first?
10 A. Yes, sir.
11 Q. Now, let me leave them here, so that I
12 get them right. Twenty-four is first, and the lamp shade
13 is up on the couch. Correct?
14 A. It was possibly knocked over or moved
15 when I was moving the papers.
16 Q. Okay. You possibly knocked it over?
17 No. 150, the lamp shade is back, that's the second in the
18 sequence, the lamp shade is on the floor?
19 A. Yes, sir, it is.
20 Q. Okay. And the last one is 25. And

21 the lamp shade is back up on the couch. That is this
22 thing on the far right, that is the lamp shade?
23 A. Here's the tassels, yes, sir.
24 Q. So, if you knocked it over, then, I
25 guess, you picked it back up and put it back on the
Sandra M. Halsey, CSR, Official Court Reporter
1956

1 couch?
2 A. It was inspected during the day, and
3 it could have been inspected, sir.
4 Q. Okay. So somebody picked it --
5 somebody knocked it down, and somebody picked it back up
6 and put it on the couch?
7 A. Possibly, inspected, yes, sir.
8 Q. Okay. And we're not sure what that
9 sequence is, are we?
10 A. No, sir.
11 Q. Okay. This photograph dated -- No. 36
12 dated 6-8.
13 A. Yes, sir.
14 Q. Does it still appear to have some
15 files or papers there on the couch?
16 A. Yes, sir, there's some on the couch.
17 Q. Those are ones you didn't collect?
18 A. That's correct.
19 Q. And they were not on -- they were not
20 at that location on the 25th on the Exhibit 25?
21 A. They are not there, yes, sir.
22 Q. Okay. So I take it from that that
23 they are in the green folder when 25 is taken, or in
24 those green stacks?
25 A. It could be, yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1957

1 Q. Okay. And two days later, they are
2 sitting on the couch, some of them?
3 A. Some of them.
4 Q. Did you have any explanation about how
5 some of the documents that you didn't collect get picked
6 up and put back on the couch?
7
8 MR. GREG DAVIS: I'm going to object
9 to that. That calls for speculation. He wasn't there on
10 the 8th.
11 THE COURT: Sustain the objection.
12
13 BY MR. RICHARD C. MOSTY:
14 Q. Do you know?
15
16 MR. GREG DAVIS: I'm going to object.
17 He said he was not there on the 8th.
18 THE COURT: Well, if he knows from his
19 own knowledge, I'll let him answer. Do you know from
20 your own knowledge?
21 THE WITNESS: No, sir.
22 THE COURT: Next question.
23 MR. RICHARD C. MOSTY: Mark this
24 please, Defendant's Exhibits Nos. 37, 38, and 39 and 40.
25
Sandra M. Halsey, CSR, Official Court Reporter
1958

1 (Whereupon, the following
2 mentioned item was
3 marked for
4 identification only
5 after which time the
6 proceedings were
7 resumed on the record
8 in open court, as
9 follows:)
10
11 THE COURT: Mr. Mosty, while you are
12 doing that, let's take a 10 minute break.
13
14 (Whereupon, a short
15 Recess was taken,
16 After which time,
17 The proceedings were
18 Resumed on the record,
19 In the presence and
20 Hearing of the defendant
21 And the jury, as follows:)
22
23 THE COURT: All right. Are both sides
24 ready to bring the jury back in and resume?
25 MR. GREG DAVIS: Yes, sir, the State
Sandra M. Halsey, CSR, Official Court Reporter
1959

1 is ready.
2 MR. RICHARD C. MOSTY: Yes, sir, we're
3 ready now.
4 THE COURT: All right. Bring the jury
5 back.
6
7 (Whereupon, the jury
8 Was returned to the
9 Courtroom, and the
10 Proceedings were
11 Resumed on the record,
12 In open court, in the
13 Presence and hearing
14 Of the defendant,
15 As follows:)
16
17 THE COURT: Let the record reflect
18 that all parties in the trial are present and the jury is
19 seated.
20 Mr. Mosty.
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1960

1 CROSS EXAMINATION (Resumed)
2
3 BY MR. RICHARD MOSTY:
4 Q. You were in charge of the property
5 list; is that my understanding?
6 A. Yes, sir.
7 Q. And from that, you do not know if this
8 white rag that you didn't collect was ever collected?
9 A. With all of the evidence, I'm not for
10 sure, sir.
11 Q. Okay. Let me just cover a couple more
12 things.
13 Let me show you State's (sic) Exhibits
14 37 and 38, and ask you if they accurately depict the
15 scene at the Routier home?
16 A. Yes, sir.
17
18 MR. RICHARD C. MOSTY: We will offer
19 37 and 38.
20 MR. GREG DAVIS: We would like to take
21 the witness on voir dire, your Honor.
22 THE COURT: You may.
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
1961

1 VOIR DIRE EXAMINATION
2
3 BY MR. GREG DAVIS:
4 Q. Officer Mayne, let me ask you to look
5 at Defendant's Exhibit No. 38. Does it have a date stamp
6 on it, sir?
7 A. Yes, sir, it does.
8 Q. Can you see it there? Is it real
9 faint down there?
10 A. Yes, it is.
11 Q. This is one of the photographs that
12 you took on the 6th; is that right?
13 A. Yes, sir.
14 Q. Okay.
15
16 MR. GREG DAVIS: No objections to
17 Defendant's Exhibits 37 and 38.
18 THE COURT: Defendant's Exhibits 37
19 and 38 are admitted.
20
21 (Whereupon, the items
22 Heretofore mentioned
23 Were received in evidence
24 As Defense Exhibit No.
25 37 & 38 for all purposes,
Sandra M. Halsey, CSR, Official Court Reporter
1962

1 After which time, the
2 Proceedings were resumed
3 As follows:)
4
5
6 CROSS EXAMINATION (Resumed)
7
8 BY MR. RICHARD MOSTY:
9 Q. The one you were just talking about
10 with Mr. Davis was 38? That has the faint date stamp on
11 it?
12 A. Yes, sir.
13 Q. Is that right? Okay. That was taken
14 on the 6th?
15 A. It appears so, yes, sir.
16 Q. Okay. And it was taken after you had
17 removed the towels?
18 A. Yes, sir.
19 Q. The towels are gone by this time?
20 A. Yes, sir.
21 Q. And in fact, the runner has moved,
22 hasn't it?
23 A. Yes, sir.
24 Q. And how did that runner move?
25 A. I'm not for sure, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1963

1 Q. In the earlier photographs it's
2 wrinkled up, is it not?
3 A. Yes, sir, it was.
4 Q. And in this photograph on 38, by this
5 time it's been moved, and it's actually -- it's no longer
6 wrinkled up, it's sort of straightened out?
7 A. Yes, sir.
8 Q. But it's laying up against the wall?
9 A. Yes, sir.
10 Q. It has blood on it, doesn't it?
11 A. Yes, sir, it does.
12 Q. You didn't move it, I guess?
13 A. No, sir.
14 Q. Okay. Well, here is 29, shows them
15 for comparison purposes. Number 29, the lower one, has
16 several things in it, does it not?
17 A. Yes, sir.
18 Q. It has the towels, it also has this
19 rug back there, doesn't it?
20 A. Yes, sir.
21 Q. And by 28, some of that evidence has
22 been collected?
23 A. Yes, sir, it has.
24 Q. Did you collect that rug?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1964

1 Q. Who did?
2 A. I'm not for sure, sir.
3 Q. Was it collected?
4 A. I'm not for sure, sir.
5 Q. Okay. Do you know where it was moved
6 to?
7 A. No, sir.
8 Q. Okay. Also, looking at 29, do you see
9 some green stains there, or some staining next to that
10 rug?
11 A. Yes, sir.
12 Q. Okay. Staining on the carpet?
13 A. Yes, sir.
14 Q. Now, when you took this photograph,
15 there had not been any testing done, had there?
16 A. No, sir.
17 Q. There had been no luminal testing or
18 any kind of chemicals put on that --
19 A. No, sir.
20 Q. -- rug that would discolor it?
21 A. No, sir.
22 Q. It was that color when you went in the
23 house?
24 A. Yes, sir.
25 Q. That discoloration? Now, Exhibit 37,
Sandra M. Halsey, CSR, Official Court Reporter
1965

1 does that depict the wine glass?
2 A. Yes, sir.
3 Q. The broken part?
4 A. Yes, sir.
5 Q. And does it show the whole stem?
6 A. Yes, sir.
7 Q. Is the base still on it?
8 A. You mean the bottom base?
9 Q. Yes, the flat part.
10 A. Let me see. No, sir.
11 Q. Okay. It's the stem and part of the
12 bowl?
13 A. Yes, sir.
14 Q. And, this, again, is a piece of
15 evidence that you chose not to collect?
16 A. That's correct.
17 Q. If someone were to pick up that and
18 leave prints on it, where would they most likely leave
19 prints?
20 A. On part of the glass.
21 Q. At the bottom of the bowl maybe?
22 A. I'm not for sure. I don't know how
23 they picked it up.
24 Q. Okay.
25 A. So, I wouldn't -- I mean, they could
Sandra M. Halsey, CSR, Official Court Reporter
1966

1 leave it on any part of the glass.
2 Q. Well, I'm just talking about as an
3 officer, would you suspect that perhaps one of the places
4 might be at the bottom where the stem joins the bowl?
5 A. It could have been.
6 Q. And you made the conscious decision,
7 it was not necessary to pick that up?
8 A. That's correct.
9 Q. Can you give any idea of how many --
10 well, that wouldn't be a fair question. I'm not going to
11 ask that. When you were -- you were moving around the
12 kitchen to photograph it?
13 A. Yes, sir.
14 Q. And you went around different places?
15 A. Yes, sir.
16 Q. When you say -- and as you went in the
17 living room, did you see evidence of foot traffic?
18 A. Of the foot traffic?
19 Q. Yes. The first time you went in, did
20 you see evidence of foot traffic?
21 A. No, sir.
22 Q. None?
23 A. None.
24 Q. You never saw that footprint behind
25 the couch?
Sandra M. Halsey, CSR, Official Court Reporter
1967

1 A. Now, you said going in, yes, I saw one
2 behind the couch.
3 Q. Okay. That was later?
4 A. Yes.
5 Q. Okay. When you first went in and you
6 saw where Damon had been, did you see any evidence of
7 foot traffic?
8 A. Walking in first to the family room?
9 Q. Yes, walking -- the first time in.
10 Now, you told me earlier you all walked in, you went
11 single file around the blood. That is during the
12 walk-through?
13 A. Yes, sir.
14 Q. Then you walked in and you take the
15 photographs?
16 A. That's correct.
17 Q. And you took some photographs right
18 there to the left, that is in State's Exhibit 11-A, it
19 looks like.
20 A. Yes, sir.
21 Q. That is a photograph to the left down
22 in this lower corner?
23 A. Yes, sir.
24 Q. That is a photograph of immediately to
25 the left as you walk past that entry hall?
Sandra M. Halsey, CSR, Official Court Reporter
1968

1 A. Yes, sir.
2 Q. Okay. Were you able to not get blood
3 on your feet when you went down that runner?
4 A. I'm not for sure, sir.
5 Q. Okay. When you turned and you looked
6 over there where Damon had been in this photograph 11,
7 did you see evidence of foot traffic down there?
8 A. I don't recall.
9 Q. You don't recall. Did you see
10 evidence of anything; any kind of activity going on at
11 that location?
12 A. Just blood.
13 Q. Okay. You saw no evidence of
14 paramedics being there and intervening?
15 A. No, sir. I was not there when they
16 were there.
17 Q. No, I'm talking about did you see
18 evidence in the blood, that somebody had been there and
19 doing something or walking through?
20 A. I think there was some gauze packages.
21 Q. But in the blood, you didn't see any
22 evidence --
23 A. No, sir.
24 Q. -- of that?
25 A. No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1969

1 Q. Okay. Did you find a blood track out
2 in the garage?
3 A. No, sir.
4 Q. Did you look at the bottom of your
5 shoe?
6 A. At what point?
7 Q. As you were coming in or out, did you
8 check the bottom of your shoes?
9 A. No, sir.
10 Q. Did not?
11 A. No, sir.
12 Q. And no photographs were taken of that,
13 I'm sure?
14 A. Not of my shoes, no, sir.
15 Q. Okay. So you don't know whether or
16 not you had blood on your feet or glass on your feet
17 because you didn't look?
18 A. No, I didn't look.
19 Q. So, you don't know?
20 A. No, sir.
21 Q. How many times have you been over your
22 testimony?
23 A. Several.
24 Q. With whom? The district attorney?
25 How many times?
Sandra M. Halsey, CSR, Official Court Reporter
1970

1 A. Approximately four.
2 Q. Approximately four. When were they?
3 A. Approximately sometime late summer.
4 Q. Where was that?
5 A. That was at the district attorney's
6 office.
7 Q. Did you make any notes of that
8 meeting?
9 A. No, sir.
10 Q. Did you go back and look at your
11 reports for that meeting?
12 A. When?
13 Q. Before or after?
14 A. I looked over my notes that I had.
15 Q. Okay. Before the meeting?
16 A. Yes, sir.
17 Q. And the next meeting was when?
18 A. Sometime in October, in that area.
19 Q. At what location?
20 A. At the -- our police station.
21 Q. Did you have an opportunity to look
22 over your notes before that meeting?
23 A. No, sir.
24 Q. These meetings were with whom? Who
25 from the district attorney's office was there?
Sandra M. Halsey, CSR, Official Court Reporter
1971

1 A. Greg Davis.
2 Q. Only Greg Davis?
3 A. No, sir, there was more people there.
4 Q. He was --
5 A. I don't recall.
6 Q. He is the only one you remember?
7 A. Yes, sir.
8 Q. Okay. And the third meeting?
9 A. Now, is this just with the district
10 attorney's office?
11 Q. With anybody from the district
12 attorney's office.
13 A. I met -- the district attorney's
14 office at the -- sometime in November or December.
15 Q. And where was that?
16 A. At the district attorney's office.
17 Q. And, who was there for that meeting?
18 A. Greg Davis, and there were several
19 other people.
20 Q. From the district attorney's office?
21 A. That's correct.
22 Q. Okay. Do you remember any of them?
23 A. Yes, sir. I don't know their names,
24 but I know their faces.
25 Q. And, that was the third meeting, that
Sandra M. Halsey, CSR, Official Court Reporter
1972

1 was in November?
2 A. Yes, sir.
3 Q. Down at the DA's office?
4 A. Yes, sir.
5 Q. And, the fourth meeting was when?
6 A. I don't recall. It was late or middle
7 winter, I guess, late fall. That was out at 5801 Eagle
8 Drive.
9 Q. Is that after the third meeting at the
10 DA's office or before?
11 A. I'm sorry?
12 Q. Is -- you told me that the third one
13 was in November at the DA's office.
14 A. November or December.
15 Q. And this is another one after that?
16 A. It could have been before or after. I
17 don't recall.
18 Q. Okay. And that is four. Any others?
19 A. Yes, sir.
20 Q. And how many others?
21 A. I have --
22 Q. Times where you have gone over your
23 testimony.
24 A. I mean, there's several other times by
25 myself that I went over my testimony. But with the
Sandra M. Halsey, CSR, Official Court Reporter
1973

1 district attorney's office it's been approximately four
2 times.
3 Q. What about since you have been down
4 here? How many times have you gone over your testimony
5 with the district attorney's office?
6 A. Couple of times.
7 Q. Okay. When were those?
8 A. That would have been last Sunday.
9 Q. Okay.
10 A. And last night.
11 Q. Okay. What about the night before
12 last, before you took the stand?
13 A. No, sir.
14 Q. Went over it last night?
15 A. Yes, sir.
16 Q. Your testimony? With who, Mr. Davis?
17 A. Yes, sir.
18 Q. About how long?
19 A. 30 or 45 minutes.
20 Q. So, if I understand, that was 6
21 meetings, about?
22 A. Yes, sir.
23 Q. Four in Dallas and two down here?
24 A. Yes, sir.
25 Q. The meeting last night, who all was
Sandra M. Halsey, CSR, Official Court Reporter
1974

1 there?
2 A. Greg Davis, and one of the other DA's
3 here.
4 Q. Mr. Shook?
5 A. No, sir.
6 Q. Not -- wasn't Mr. Shook or Ms.
7 Wallace?
8 A. It was Sherri Wallace.
9 Q. And just the three of y'all?
10 A. Yes, sir.
11 Q. Well, last Sunday when you went over
12 your testimony, how many people were there?
13 A. A couple. It was Miss Wallace and
14 Greg Davis.
15 Q. Who else?
16 A. That's it.
17 Q. Nobody else from Rowlett PD?
18 A. No, sir.
19 Q. What about the meeting in November or
20 December down at the DA's office, who was there?
21 A. There were several other officers.
22 Q. Several meaning three?
23 A. No, more.
24 Q. More than that?
25 A. Yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1975

1 Q. Well, all of the officers who have
2 testified down here, that you have seen down here this
3 week, were all of them down there?
4 A. Yes, sir.
5 Q. And y'all were all in the room
6 together?
7 A. Yes, sir.
8 Q. Courtroom?
9 A. Yes, sir.
10 Q. Okay. And, who -- did somebody play
11 my role as the defense attorney, question you?
12 A. There was people questioning me, yes,
13 sir.
14 Q. They were cross examining you?
15 A. Yes, sir.
16 Q. And you went over all this stuff that
17 I have gone over, you went over that in great detail at
18 that meeting, didn't you?
19 A. Well, they went over some items.
20 Q. I take it there's some items I have
21 covered that they didn't?
22 A. I don't think so. I don't recall.
23 Q. You don't think so. So all of this
24 stuff, you have been over it, every bit of it, before?
25 Back in December and November, right?
Sandra M. Halsey, CSR, Official Court Reporter
1976

1 A. Most of it, yes, sir.
2 Q. And you went over most of it in the
3 presence of all those other officers, right?
4 A. Yes, sir.
5 MR. RICHARD MOSTY: That's all I have.
6 MR. GREG DAVIS: No further questions.
7 THE COURT: All right. You may step
8 down. Your next witness.
9 MR. GREG DAVIS: Call Officer Charles
10 Hamilton.
11 THE COURT: Officer Hamilton.
12 THE COURT: Watch your step. Thank
13 you.
14 MR. DOUGLAS MULDER: We probably
15 aren't going to need him again if he wants to go back to
16 Rowlett.
17 THE COURT: Well, both sides -- I
18 think we ought to agree that both sides will excuse the
19 witnesses, subject to recall. Is that satisfactory?
20 MR. DOUGLAS MULDER: Yes, sir.
21 MR. GREG DAVIS: Yes, sir.
22 THE COURT: All right. Thank you.
23 Lieutenant, you have been sworn,
24 right? You were sworn with the first group?
25 THE WITNESS: No, sir.
Sandra M. Halsey, CSR, Official Court Reporter
1977

1 THE COURT: All right. Raise your
2 right hand, please.
3
4 (Whereupon, the witness
5 was duly sworn by the
6 Court, to speak the truth,
7 the whole truth and
8 nothing but the truth,
9 after which, the
10 proceedings were
11 resumed as follows:)
12
13
14 THE COURT: Do you solemnly swear or
15 affirm the testimony you are about to give will be the
16 truth, the whole truth and nothing but the truth, so help
17 you God?
18 THE WITNESS: I do.
19 THE COURT: Will you please have a
20 seat.
21 You're under the rule of evidence now.
22 That simply means when you are not testifying, you have
23 to remain outside of the Courtroom, do not talk about
24 your testimony to anybody who is testifying. You may
25 talk to the attorneys for either side. If someone tries
Sandra M. Halsey, CSR, Official Court Reporter
1978

1 to talk to you about your testimony, tell the attorney
2 for the side who called you. And just speak loudly into
3 the microphone, please.
4 THE WITNESS: All right.
5 THE COURT: All right. Mr. Davis.
6 MR. GREG DAVIS: Thank you, Judge.
7
8 Whereupon,
9
10 OFFICER CHARLES HAMILTON,
11
12 Was called as a witness, for the State of Texas, having
13 been first duly sworn by the Court, to speak the truth,
14 the whole truth, and nothing but the truth, was examined
15 and testified in open court, as follows:
16
17
18 DIRECT EXAMINATION
19
20 BY MR. GREG DAVIS:
21 Q. Sir, would you please tell us your
22 full name.
23 A. Charles Hamilton.
24 Q. Mr. Hamilton, you're a Rowlett police
25 officer?
Sandra M. Halsey, CSR, Official Court Reporter
1979

1 A. That's correct.
2 Q. How long have you been with the
3 Rowlett Police Department?
4 A. Over two years.
5 Q. All right. What are your duties at
6 the present time?
7 A. I am a patrolman and a crime scene
8 officer.
9 Q. How long have you been a crime scene
10 officer, in addition to being a patrol officer?
11 A. Approximately 21 months.
12 Q. All right. Let me direct your
13 attention back to June the 6th, 1996. Were you on duty
14 that day?
15 A. Yes -- no, I was not on duty that day.
16 Q. Okay. Did you get a call to go up to
17 5801 Eagle Drive?
18 A. Correct. I received a call-out from
19 dispatch at my house.
20 Q. All right. And, did you go up there
21 sometime during the morning then to Eagle Drive?
22 A. Yes. I arrived on Eagle shortly
23 before 9 a.m.
24 Q. Okay. Let me ask you, I want to go to
25 what you did out there. Let me ask you: If at some time
Sandra M. Halsey, CSR, Official Court Reporter
1980

1 that morning after arriving at the scene, were you
2 instructed to process that house for possible
3 fingerprints?
4 A. That's correct.
5 Q. Okay. And, you have heard the term
6 "latent fingerprints"; is that right?
7 A. Yes.
8 Q. What is a latent fingerprint?
9 A. The skin on the inside of human hands
10 and fingers is composed of what they call friction
11 ridges. Also, the skin has pores through which sweat and
12 other body oils -- other body oils are secreted.
13 Sometimes when the human finger or
14 palm touches a surface, an impression will be left. All
15 of those friction ridges are called latent or hidden
16 prints. Not really visible to the human eye necessarily.
17 Q. All right. So, for instance, this
18 morning if I touch the counsel table here in front of me
19 with my fingers, lift up, is there a possibility that I
20 may have left my latent fingerprints on this table?
21 A. That's correct.
22 Q. Okay. Were those the types of things
23 that you were looking for out there that morning at Eagle
24 Drive?
25 A. That is in fact what I was looking
Sandra M. Halsey, CSR, Official Court Reporter
1981

1 for.
2 Q. How much experience have you had in
3 trying to collect latent fingerprints?
4 A. Approximately five years.
5 Q. All right. And what sort of training
6 did you undergo for that sort of duty?
7 A. Well, initially, I had about 125
8 actual hours training under Dr. Richard Ladner at Western
9 New Mexico University. Later, a series of courses, on
10 crime scene and forensic courses, as a policeman with the
11 Rowlett Police Department under various instructors, Max
12 Courtney out at Southwest Forensics in Fort Worth; Ed
13 Haskey, senior crime scene analyst with Tulsa Police
14 Department; Richard Dodge, detective with the Dallas
15 Police Department, one of their senior crime scene
16 analysts, and others.
17 Q. Okay. Let me ask you: You said you
18 have been doing this -- been in this for about five
19 years. Were you a police officer somewhere else before
20 you came to Rowlett?
21 A. Yes.
22 Q. Tell us the other departments that you
23 served with prior to going to Rowlett?
24 A. I worked as a patrolman in Clovis, New
25 Mexico, for about 2 years, directly prior to being hired
Sandra M. Halsey, CSR, Official Court Reporter
1982

1 by the City of Rowlett.
2 Q. Okay.
3 A. Also, while I was at the University of
4 New Mexico, I worked at their police department as a
5 patrolman.
6 Q. Okay. So you have been a police
7 officer a total of how many years?
8 A. Almost five years.
9 Q. Now, when you set about to start
10 processing that residence for possible latent prints, did
11 someone tell you where to go to specifically in that
12 house?
13 For instance, did they say, Officer
14 Hamilton, I want you to go over here and process this
15 area right here?
16 A. I conferenced with my crime scene
17 sergeant's supervisor who was on the scene, and we
18 exchanged ideas about some places that a suspect may have
19 touched coming in or out or while in the home. I
20 processed those areas that I was instructed to, in
21 addition to some that common sense told me might be wise
22 to process.
23 Q. Okay. Do you remember the first part
24 of that house that you went to process that morning?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1983

1 Q. Can you tell the members of the jury
2 what area you processed first?
3 A. The area I processed first was a
4 window in the garage, it had a slashed screen, the window
5 was opened slightly. An alleged point of entry or exit
6 for a potential suspect. That was the first area I
7 processed for latents.
8 Q. Okay. And just again, why did you
9 pick that as the first area to go process?
10 A. That was just a starting point. I
11 felt it was important. My sergeant felt it was important
12 enough to process immediately.
13 Q. Okay. Was that the suspected point of
14 entry and exit?
15 A. That's what I was told.
16 Q. Okay. How did you go about processing
17 the window then? What did you do?
18 A. I used black fingerprint powder,
19 carbon powder. I felt it would be the most -- the best
20 agent for -- processing agent for the surfaces I was
21 working with.
22 Q. Okay. What kind of surfaces were you
23 working with?
24 A. Glass on the actual window, metal on
25 the window frame, metal on the window screen frame,
Sandra M. Halsey, CSR, Official Court Reporter
1984

1 painted surface of the trim area around the window.
2 Q. Okay. Were you able to lift any
3 latent fingerprints from the window area?
4 A. Yes.
5 Q. How many actual -- well, let me just
6 ask you: If you find a latent print in the powder that
7 you placed down, how do you actually collect the latent
8 fingerprint?
9 A. Okay. You -- first you process the
10 area with the powder and a brush, a latent print appears,
11 you get a piece of tape, latent recovery tape, you make
12 an impression on the tape over the latent, and then you
13 affix the tape to a latent print lift card, a cardboard
14 card.
15 Q. Okay.
16 A. On the card you can note where, when,
17 and document the different details.
18 Q. Okay. So if you find a print then
19 you, using tape, you transfer it to a card; is that
20 right?
21 A. That's correct.
22 Q. That would be the record of your
23 latent print, right?
24 A. That is one of the records.
25 Q. Okay. The purpose of latent print
Sandra M. Halsey, CSR, Official Court Reporter
1985

1 collection is what? So you can compare it against a
2 known print, if you have one?
3 A. Yes.
4 Q. Okay.
5 A. That is one of the purposes.
6 Q. Okay.
7
8
9 (Whereupon, the following
10 mentioned item was
11 marked for
12 identification only
13 after which time the
14 proceedings were
15 resumed on the record
16 in open court, as
17 follows:)
18
19 BY MR. GREG DAVIS:
20 Q. Officer Hamilton, let me show you what
21 has been marked as State's Exhibit 85-A, 85-B, 85-C,
22 85-D, and 85-E; ask you to look at those five cards and
23 please tell me if you recognize those or not?
24 A. Yes, I recognize them.
25 Q. Okay. Are those, in fact, the five
Sandra M. Halsey, CSR, Official Court Reporter
1986

1 fingerprints that you were able to lift from the window
2 there at 5801 Eagle Drive on June 6th, 1996?
3 A. Those are the five latents lifted from
4 the window.
5 Q. Okay.
6
7 MR. GREG DAVIS: Your Honor, at this
8 time we will offer State's Exhibit 85-A, B, C, D and E.
9 THE COURT: Any objection?
10 MR. RICHARD C. MOSTY: No objection.
11 THE COURT: State's Exhibits 85-A, B,
12 C, D, and E are admitted.
13 MR. GREG DAVIS: Thank you.
14
15 BY MR. GREG DAVIS:
16 Q. Officer Hamilton, if we can, let's go
17 through each one of these cards. Let me ask you this:
18 On each card do you place on the card, for your records,
19 where the latent fingerprint was actually collected?
20 A. Yes.
21 Q. Okay. Do you put the date that you
22 collected it?
23 A. That's correct.
24 Q. You put your case number on there
25 also?
Sandra M. Halsey, CSR, Official Court Reporter

1987

1 A. Yes.
2 Q. You put the victim's name, in this
3 case, Routier, correct?
4 A. That's correct.
5 Q. The address of the incident?
6 A. Yes.
7 Q. You also put, again, the location of
8 the latent prints lifted. You place that also on your
9 card, right?
10 A. Yes.
11 Q. Okay. If we can, let's look first at
12 State's Exhibit 85-A. The front part of the card, does
13 that contain the type of information that you have just
14 talked to us about; the residence, victim, the date, the
15 case number, as well as the location where the print was
16 lifted?
17 A. Yes.
18 Q. And will that be the same on State's
19 Exhibit 85-B through E?
20 A. Yes.
21 Q. And, again, on the back part of that
22 card, will we then actually see the latent print that you
23 lifted?
24 A. In addition to the tape, yes, sir.
25 Q. Okay. So, that will actually -- the
Sandra M. Halsey, CSR, Official Court Reporter
1988

1 tape will actually be over the latent print itself; is
2 that right?
3 A. Yes.
4 Q. Will that be true for each one of
5 these other four cards? The information is on the front
6 and the latent print and the tape is going to be on the
7 back of each card; is that correct?
8 A. That's correct.
9 Q. Okay. If you would, let's start again
10 with State's Exhibit 85-A, and just tell us where you
11 actually retrieved that latent print, sir.
12 A. This latent print, in addition to the
13 others, were recovered from the window I mentioned
14 earlier in the garage with the slashed window screen,
15 open window.
16 The actual place that these were
17 recovered was the inside of the window metal frame, the
18 bottom of the sliding glass window, the window being
19 opened approximately this much, the metal frame, the
20 inside lip, the prints were recovered 5 to 11 inches from
21 the corner of the window, left-hand corner, facing it
22 from the inside.
23 Q. Okay. So, if we're here on the jury
24 and we are in the garage?
25 A. Okay.
Sandra M. Halsey, CSR, Official Court Reporter
1989

1 Q. Say, so, we're inside the garage and
2 the window is here. Okay?
3 A. Okay.
4 Q. We're talking about the -- are we
5 talking about the inside portion -- that portion being
6 closer to the garage than outside, correct?
7 A. That's correct. Inside.
8 Q. When you talk about the bottom portion
9 of the window, would we be talking about the bottom part
10 of the frame, if the window is here, if we can just
11 envision a square here, we're talking about the bottom
12 portion of that window; is that correct?
13 A. Yes.
14 Q. And you had mentioned it's a certain
15 distance from a corner of that window.
16 A. Yes, that's correct.
17 Q. And what was that?
18 A. They were, in distance, from 5 to 11
19 inches from the east corner of the frame. You have to be
20 in the house to probably picture that, but facing it from
21 the left hand edge of this frame, 5 to 11 inches from the
22 corner.
23 Q. Okay. All right. So, that's where
24 State's Exhibit 85-A was collected, correct?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
1990

1 Q. And there's actually, again, the
2 latent itself is on the back part of that card, right?
3 A. Yes, sir.
4 Q. Okay. Let's look at State's Exhibit
5 85-B. Can you tell us where that latent print was
6 retrieved?
7 A. The same approximate location that the
8 aforementioned one was.
9 Q. Okay. So, again, we're talking the
10 inside ledge of the window frame, 5 to 11 inches from the
11 east corner of the frame again, right?
12 A. That's correct. May I see that again,
13 please?
14 Q. Yes, sir.
15 A. Okay. In addition to what you're
16 asking, I've made multiple lifts of one of the latents.
17 This is the same specific latent I was able to make two
18 lifts from this specific latent impression.
19 Q. Okay. All right. You are referring
20 to 85-A and B, right?
21 A. That's correct.
22 Q. Okay. Let me ask you, again, if you
23 will, tell us whether or not on State's Exhibit 85-C, D
24 and E, whether in fact, you listed the locations of those
25 latent prints as being the same general location on the
Sandra M. Halsey, CSR, Official Court Reporter
1991

1 window where you found 85-A and B?
2 A. That's correct.
3 Q. Okay. Now, we have five latent cards
4 here in front of us. Let's talk about the window only at
5 this time. The window where you lifted these five
6 latents from. Okay?
7 A. Okay.
8 Q. Let me ask you: Whether or not,
9 besides this portion of the window, were you able to lift
10 any other latent prints from that window, sir?
11 A. I found no other latent impressions
12 anywhere on or near that window, the frame, the glass,
13 the screen or the surrounding trim.
14 Q. Okay. Let me ask you, sir, if you
15 would please tell us, the other areas of that window that
16 you attempted to process.
17 First of all, let's talk about the
18 glass portion of the window itself. Did you process the
19 portion of the glass that would be facing the garage, the
20 inside part of that window?
21 A. Yes.
22 Q. Okay. Were you able to find any other
23 latent prints on the inside surface of the glass itself?
24 A. No, I wasn't.
25 Q. Did you process the other portions of
Sandra M. Halsey, CSR, Official Court Reporter
1992

1 the inside of that window frame? You talked about the
2 bottom portion where you found these latent prints, but
3 let's talk about the sides first.
4 Did you process those areas, also, for
5 latent fingerprints?
6 A. Yes, I did.
7 Q. Did you find any other latent
8 fingerprints on the side portions of the inside of the
9 frame?
10 A. No.
11 Q. How about the top inside portion of
12 the frame? Did you process that for latent fingerprints?
13 A. I did.
14 Q. Were you able to lift any latent
15 fingerprints from that portion of the window?
16 A. I was not.
17 Q. Let's go to the outside of the window.
18 Did you go out and process the outside portion of the
19 window also?
20 A. Yes.
21 Q. Did you process, first of all, the
22 outside glass surface of that window?
23 A. Yes. I processed the outside glass
24 surface of the window.
25 Q. All right. Were you able to lift any
Sandra M. Halsey, CSR, Official Court Reporter
1993

1 latent fingerprints from the outside of the glass?
2 A. I was not able to recover any there.
3 Q. Let's talk about the bottom portion of
4 the frame now that faces outside. Okay?
5 A. Okay.
6 Q. Did you process that part of the
7 window frame?
8 A. Yes.
9 Q. Were you able to lift any latent
10 fingerprints from that portion of the window?
11 A. No.
12 Q. You were not?
13 A. I was not able to.
14 Q. How about the side frames that face
15 outward to the window?
16 A. I processed those.
17 Q. Were you able to lift any latent
18 fingerprints from that part of the frame?
19 A. No.
20 Q. Finally, let's talk about the upper
21 outside part of the frame for the window. Did you
22 process that also for fingerprints?
23 A. I did, in fact.
24 Q. And were you able to lift any
25 fingerprints from that, sir?
Sandra M. Halsey, CSR, Official Court Reporter
1994

1 A. No.
2 Q. Is that unusual to process an item
3 such as a window and not come up with additional latent
4 fingerprints?
5 A. No, it's not unusual.
6 Q. Okay. Does it sometimes depend on the
7 surface?
8 A. The surface, atmospheric conditions,
9 among other things.
10 Q. I guess, also, it may depend upon
11 whether anybody actually touched it or not, right?
12 A. True. How long ago it was touched, if
13 it was touched, a number of factors.
14 Q. Okay. Let's talk about the
15 windowsill. Do you recall the windowsill that would have
16 been underneath the open window?
17 A. Yes.
18 Q. Did you process the windowsill for
19 fingerprints, also?
20 A. Yes.
21 Q. Were you able to recover any latent
22 fingerprints from the windowsill itself?
23 A. No.
24 Q. None?
25 A. None.
Sandra M. Halsey, CSR, Official Court Reporter
1995

1 Q. The screen which is State's Exhibit
2 42-A, if you would, tell us whether or not you
3 processed -- first of all, let's start with the inside
4 portion. Okay?
5 A. Okay.
6 Q. Of that window screen. Let me ask
7 you, sir: Whether or not you processed the inside
8 portion of the window screen frame?
9 A. I did, in fact.
10 Q. The top, sides and the bottom?
11 A. Yes.
12 Q. Were you able to lift any latent
13 fingerprints from the inside portion of this frame?
14 A. I was not.
15 Q. The screen itself, is that going to be
16 a surface where you could actually lift a latent
17 fingerprint?
18 A. Not to my knowledge.
19 Q. Okay. It's not a smooth enough
20 surface?
21 A. It's not a surface conducive to
22 leaving a fingerprint impression, to my knowledge.
23 Q. Okay. Let's go to the outside portion
24 of that frame for a moment. Did you go out and did you
25 process now the outside portion of the frame?
Sandra M. Halsey, CSR, Official Court Reporter
1996

1 A. I did.
2 Q. Top, sides and bottom?
3 A. That's correct.
4 Q. Were you able to lift any latent
5 fingerprints from that part of the frame, sir?
6 A. No, I was not.
7 Q. Okay. Were you able to lift any
8 latent fingerprints whatsoever from this screen frame
9 that I am holding, State's Exhibit 42-A?
10 A. I was not able to.
11 Q. Did you attempt to -- now, I'm just
12 talking about the window itself and the screen here and
13 the windowsill, did you attempt to lift any other latent
14 fingerprints, specifically in the area of this window
15 that you found open?
16 A. Yes.
17 Q. Okay. And where else did you try to
18 lift latent fingerprints?
19 A. There were a number of objects in the
20 garage and just outside of this garage window that I felt
21 a potential suspect may have had to touch or handle to
22 come in or out of the window, so I processed those items.
23 Q. Okay. Hold on. Let me see if I can
24 find a photograph that might show some of those items.
25 Officer Hamilton, let me just ask you,
Sandra M. Halsey, CSR, Official Court Reporter
1997

1 if you will, if you can't see this let me know and I'll
2 have you step down. All right?
3 A. Okay.
4 Q. Okay. Looking at State's Exhibit
5 13-A. Do you see that photograph, sir?
6 A. Yes.
7 Q. Okay. Do you see some green -- what
8 appear to be green plastic chairs outside of this window
9 that you have just told us that you processed?
10 A. Yes, I see them.
11 Q. Okay. Tell me whether or not you made
12 any efforts to process the green plastic chairs that we
13 see here outside of the window in State's Exhibit 13-A?
14 A. I did, in fact, process those green
15 plastic chairs.
16 Q. Okay. Were you able to lift any
17 latent fingerprints from the plastic chairs that we see
18 in State's Exhibit 13-A?
19 A. No.
20 Q. Okay. Do you recall whether or not
21 you attempted to lift any other latent fingerprints from
22 any of the items outside of that window?
23 A. I don't recall processing any other of
24 those items in the picture outside of the window.
25 Q. Okay. But, the chairs were processed,
Sandra M. Halsey, CSR, Official Court Reporter
1998

1 right?
2 A. That's correct.
3 Q. Including the one that appears to be
4 turned over?
5 A. Yes.
6 Q. No latent fingerprints?
7 A. None.
8 Q. Did you ever attempt to lift latent
9 fingerprints from the gate or any portion of the fence
10 back there in the backyard?
11 A. No.
12 Q. Okay. If that was done, that would
13 have been done by somebody else; is that right?
14 A. That's correct.
15 Q. Okay. Let's go back inside of the
16 garage then. Did I understand you to say just a moment
17 ago that you also processed some of the items inside of
18 the garage near the window?
19 A. Yes.
20 Q. Sir, if you could, please step down
21 for a moment and help me with this photograph. And I'm
22 going to have you point out some items in the garage to
23 the members of the jury here.
24 I'll tell you what. If you will stand
25 over on the other side.
Sandra M. Halsey, CSR, Official Court Reporter
1999

1 A. Okay.
2 Q. That ought to be the easiest way.
3 A. Okay.
4 Q. Let me give you this pointer to use
5 too, it might be a little bit easier for you. Again, if
6 you will stand back far enough so everybody can see.
7 Okay. If we could, let's look at State's Exhibit 40-B.
8 You recognize that to be the interior portion of the
9 garage there?
10 A. Yes.
11 Q. Okay. And we see -- do we see the
12 window that you have told us about processing?
13 A. That's correct.
14 Q. Do you see?
15 A. Yes, I do.
16 Q. All right. And, was that window in
17 the same position at the time that you processed it for
18 latent fingerprints?
19 A. It appears so.
20 Q. Okay. Do you see any other items in
21 State's Exhibit 40-B that you processed for latent
22 fingerprints that day?
23 A. Yes.
24 Q. Could you please point them out for
25 the members of the jury?
Sandra M. Halsey, CSR, Official Court Reporter
2000

1 A. I processed this blue Cowboys -- I
2 believe it was a trash can. This white plastic, also a
3 trash can, this animal, portable animal carrier cage,
4 there is a white refrigerator, also. I don't know if
5 this is going to be it here, I can't tell from this
6 photograph, it was near this window that I felt maybe
7 somebody might have touched. I processed it, also.
8 Q. Okay. Any other items that you can
9 recall at this time?
10 A. Well, there is also a window adjoining
11 this window that was open, the one that was closed right
12 here adjoining it. I processed it as similar to what I
13 explained on this one, the frame, the trim, the glass,
14 this one here, also.
15 Q. Okay. Well, let's just for a moment,
16 you processed the cat carrier, or whatever this is, next
17 to the window, right?
18 A. Yes, that's correct.
19 Q. The trash can here?
20 A. That's correct.
21 Q. The Dallas Cowboys can of some sort
22 right here, also?
23 A. That's correct.
24 Q. And a freezer or refrigerator inside
25 the garage?
Sandra M. Halsey, CSR, Official Court Reporter
2001

1 A. Yes.
2 Q. All right. Sir, were you able to lift
3 any latent fingerprints from any of those objects that
4 you tried to process inside of this garage?
5 A. I was not able to lift any from those
6 objects.
7 Q. You just talked about another window
8 that you processed out there. Let's go back, if we can,
9 to State's Exhibit 13-A. Can you see the open window
10 that you processed?
11 A. Yes, that's it.
12 Q. Do we see any other windows in State's
13 Exhibit 13-A that you processed for latent fingerprints?
14 A. Yes, this one here.
15 Q. The one right next to the open window?
16 A. The one right next to the open window.
17 Q. Did you go through the very same
18 process that you went through in processing this open
19 window?
20 A. Yes.
21 Q. Did you do both sides of the glass?
22 A. That's correct.
23 Q. Did you do both sides of the frame?
24 A. Yes.
25 Q. And, did you get any latent
Sandra M. Halsey, CSR, Official Court Reporter
2002

1 fingerprints from this second window?
2 A. No, I did not.
3 Q. Okay. Let me ask you: In addition to
4 printing the chairs on the outside, the two windows, the
5 interior of the garage, the items that you found inside
6 the garage, did you go to any other areas of the house in
7 order to lift latent fingerprints?
8 A. Yes.
9 Q. Okay. What other parts of the house
10 did you go to?
11 A. After I got through with the garage
12 area, I sort of the back-tracked into the house back to
13 the living room. First point was entryway door between
14 the wash room and the garage. I processed that door
15 inside and out. Inside and outside surfaces of that
16 door.
17 Q. All right. Are we talking about then
18 the door that leads into the garage from the utility
19 room?
20 A. Yes.
21 Q. All right. And were you able to lift
22 any latent fingerprints from that door?
23 A. Yes.
24 Q. Okay. Do you recall how many latent
25 fingerprints you were able to lift from that location?
Sandra M. Halsey, CSR, Official Court Reporter
2003

1 A. Two latent prints.
2 Q. Okay.
3
4
5 (Whereupon, the following
6 mentioned item was
7 marked for
8 identification only
9 after which time the
10 proceedings were
11 resumed on the record
12 in open court, as
13 follows:)
14
15 BY MR. GREG DAVIS:
16 Q. Sir, let me have you look, please, at
17 State's Exhibit 85-F and 85-G. Do you recognize those
18 two items, sir?
19 A. Yes, sir.
20 Q. Okay. Are those 85-F and G, are those
21 the latent prints that you were able to lift from the
22 entry, the rear entry door leading from the garage into
23 the utility room?
24 A. That's correct.
25 Q. Again, do they contain the same type
Sandra M. Halsey, CSR, Official Court Reporter
2004

1 of information that the previous latent fingerprint cards
2 have contained?
3 A. Yes.
4 Q. The location that you retrieved them,
5 as well as on the back, the latent fingerprint and the
6 tape itself?
7 A. Yes.
8 Q. All right.
9
10 MR. GREG DAVIS: Your Honor, at this
11 time we will offer State's Exhibit 85-F and 85-G.
12 MR. RICHARD C. MOSTY: No objection.
13 THE COURT: State's Exhibit 85-F and G
14 are admitted.
15
16 (Whereupon, the items
17 Heretofore mentioned
18 Were received in evidence
19 As State's Exhibit No. 85-F & G
20 For all purposes,
21 After which time, the
22 Proceedings were resumed
23 As follows:)
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2005

1 BY MR. GREG DAVIS:
2 Q. Okay. Officer, if you would, let's
3 look at State's Exhibit 85-F first. Can you tell the
4 members of the jury where you retrieved that latent
5 fingerprint from?
6 A. Yes. This latent was recovered from
7 the inside of the door that this gentlemen mentioned, the
8 door between the wash room and the garage, inside surface
9 of the door, approximately four inches above the door
10 handle on this surface of the door itself.
11 Q. Okay. If we could, let's please look
12 at State's Exhibit 85-G. Please tell us where you
13 recovered those or that one.
14 A. This latent was recovered about two
15 inches above the other latent, also inside of the door,
16 on the surface of the door, about 6 inches above the door
17 handle. This was a dried, apparently bloody latent.
18 Q. Okay. So you have got 85-F, being the
19 inside portion; is that correct?
20 A. Yes.
21 Q. Four inches above the door handle?
22 A. Yes.
23 Q. And 85-G is going to be, in blood, six
24 inches above the door handle, right?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2006

1 Q. Okay. Are those the only parts of
2 that door that you tried to process for latent
3 fingerprints?
4 A. I processed the inside and outside of
5 the door.
6 Q. Okay. Well, what parts of the outside
7 of the door did you try to process?
8 A. Well, I don't specifically remember
9 every square inch, but I processed the door thoroughly.
10 Q. Okay.
11 A. Specifically, around the handle, the
12 handle itself, the handle area and the door itself.
13 Q. All right. Well, let's just start
14 with the outside of the door. Were you able to lift any
15 other latent fingerprints from the outside portion of
16 that door, sir?
17 A. No, I was not.
18 Q. Okay. Let's turn to the inside part
19 of the door, including the door handle itself. Were you
20 able to lift any other latent fingerprints from the
21 inside part of that door?
22 A. Just those two.
23 Q. Okay. 85-F and G are the only ones
24 which you were able to lift from the inside part of the
25 door, right?
Sandra M. Halsey, CSR, Official Court Reporter

2007

1 A. That's correct.
2 Q. Okay. Let's stay in the utility room.
3 Did you process any other items in the utility room for
4 possible latent fingerprints?
5 A. Yes.
6 Q. Can you tell the members of the jury
7 what other items in the utility room you tried to
8 process?
9 A. As I recall, there was a white washer
10 and a dryer, side-by-side. I believe there was some
11 blood stains, not prints but stains. I felt that maybe
12 someone had touched the washer and/or dryer. I processed
13 those in an attempt to recover latent prints.
14 Q. Okay. Looking at State's Exhibit
15 38-A, for instance, do you recognize 38-A to be a
16 photograph of a portion of the utility room, for
17 instance?
18 A. Yes.
19 Q. Okay. And, was there a washer and
20 dryer as we look into the garage, as we look in the
21 utility room from the garage, would the washer/dryer be
22 on the lefthand side?
23 A. I don't recall left from right.
24 Q. Okay.
25 A. But I believe this is going to be
Sandra M. Halsey, CSR, Official Court Reporter
2008

1 them, I can see the powder.
2 Q. All right. Where do you see the
3 powder?
4 A. Well, it's here, I can just see some
5 of the powder.
6 Q. Okay.
7 A. I can see the blood. I was
8 remembering on these appliances.
9 Q. Okay. So, you processed the door, did
10 you process both the washer and the dryer?
11 A. Yes.
12 Q. Okay. You told us about the door, the
13 washer and the dryer. Any other items in the utility
14 room that you tried to process for latent fingerprints?
15 A. I don't recall any others.
16 Q. Okay. Let's go back to the washer and
17 the dryer then. Were you able to lift any latent
18 fingerprints from the washer or the dryer in the utility
19 room?
20 A. No.
21 Q. Okay. 85-F and G, the two that you
22 lifted from the inside portion of the door, are they the
23 only latent fingerprints that you retrieved from the
24 utility room?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2009

1 Q. What did do you after you finished
2 processing the utility room for latent fingerprints?
3 A. I came back and worked my way through
4 the kitchen.
5 Q. Okay. Now, Officer Hamilton, do you
6 recognize State's Exhibits 36-A through 36-G as being
7 photographs of different portions of the kitchen out
8 there at 5801 Eagle Drive?
9 A. Yes.
10 Q. Okay. Do you recall what part of the
11 kitchen that you started processing for latent
12 fingerprints?
13 A. I worked my way back from that utility
14 room, which is going to be somewhere over here, back this
15 way.
16 Q. Okay. If you would, just tell us the
17 first area of that kitchen that you recall processing for
18 latent fingerprints then.
19 A. Counter tops.
20 Q. Okay.
21 A. In the kitchen.
22 Q. Are we talking about counter tops
23 shown in State's Exhibit 36-E around 36-F then?
24 A. That's part of some of them.
25 Q. Okay. The ones between the utility
Sandra M. Halsey, CSR, Official Court Reporter
2010

1 room and the sink, for instance?
2 A. I did process those, yes.
3 Q. Okay. Is there also a counter top
4 basically from the sink over to the end of this bar over
5 here?
6 A. Yes.
7 Q. And would a part of those be known as
8 State's Exhibit 36-A and 36-B?
9 A. Sorry about that.
10 Q. Okay.
11 A. I believe this is -- corresponds with
12 here, but I'm not going to swear to it.
13 Q. All right. How about the island that
14 was in the middle of the room? Did you also process
15 that?
16 A. I processed that also.
17 Q. All right. Let's start with part of
18 the counter top between the refrigerator going up to the
19 sink. Did you process that?
20 A. Yes. If I may step back just a
21 moment. I also processed this refrigerator surface.
22 Q. Is that going to be shown here in
23 State's Exhibit 36-F then?
24 A. Yes, that looks like it.
25 Q. Okay. Next to the utility room?
Sandra M. Halsey, CSR, Official Court Reporter
2011

1 A. That's correct.
2 Q. Okay. What parts of the refrigerator
3 did you process?
4 A. The outside surface of the door.
5 Q. Okay.
6 A. I distinctly remember processing that.
7 Q. Okay. Were you able to lift any
8 latent fingerprints from the outside portion of the
9 refrigerator?
10 A. No.
11 Q. All right. After the refrigerator,
12 where did you go?
13 A. I worked this -- the counter tops.
14 Q. Okay. Again, that it's shown in 36-E
15 and F, right?
16 A. Yes.
17 Q. Okay. Let me just ask you were you
18 able to lift any latent fingerprints from the counter top
19 between the refrigerator and the sink?
20 A. No, I was not able to recover any.
21 Q. Let's go to the part of the counter
22 top between the sink running to the end of that -- what I
23 call the kitchen bar. Do you know what area I'm
24 referring to?
25 A. Um-hum. (Witness nodding head
Sandra M. Halsey, CSR, Official Court Reporter
2012

1 affirmatively.).
2 Q. If you will, just show on the diagram
3 what you understand that to be?
4 A. Is this what you are referring to?
5 Q. Yes, sir.
6 A. Yes, I did process that, also.
7 Q. Okay. Were you able to lift any
8 latent fingerprints from that part of the counter top?
9 A. No.
10 Q. How about the counter top that extends
11 from that down towards what is shown as the green rug
12 there?
13 A. This here, sir?
14 Q. Yes.
15 A. Yes.
16 Q. Okay. Did you process that, also?
17 A. I did.
18 Q. Were you able to lift any latent
19 fingerprints from that part of the counter top?
20 A. No.
21 Q. Okay. The island that we see, a part
22 of the island here in State's Exhibit 36-E, do you
23 recognize that?
24 A. Yes.
25 Q. Is that the same type of counter top
Sandra M. Halsey, CSR, Official Court Reporter
2013

1 surface as found on the counter tops?
2 A. I don't recall if it's the exact same
3 surface.
4 Q. Did you process it for latent
5 fingerprints?
6 A. Yes.
7 Q. Were you able to lift any latent
8 fingerprints from that part, the island portion here in
9 the middle of kitchen?
10 A. No, I was not able to.
11 Q. Okay. Let's go back to the counter
12 top area. Do you see some drawers that are shown, I
13 guess at least one drawer that is shown here in State's
14 Exhibit 36-E. Do you see that?
15 A. Yes, I see that.
16 Q. Did you process the drawers in this
17 kitchen for possible latent fingerprints?
18 A. I did process the drawers.
19 Q. Okay.
20 A. The outside surfaces and around the
21 handles.
22 Q. All right. Were you able to lift any
23 latent fingerprints from any of the drawers in the
24 kitchen?
25 A. No.
Sandra M. Halsey, CSR, Official Court Reporter
2014

1 Q. Okay. In addition to the
2 refrigerator, the counter tops, the island, and the
3 drawers in the kitchen did you process any other items in
4 that room for latent fingerprints?
5 A. Yes.
6 Q. Okay. Tell us what you also processed
7 then.
8 A. I remember processing a wine glass
9 that was broken and on the living room (sic) floor. I
10 don't recall the specific location of where that wine
11 glass was, but it was on the kitchen floor, is what I
12 meant to say.
13 Q. Let me ask you to take a look at
14 State's Exhibit 36-D. If you want to just step over and
15 take a look at that.
16 A. Yes, yes, I see.
17 Q. Okay. Looking at State's Exhibit
18 36-D, do you see anything in that photograph that you
19 processed for latent fingerprints?
20 A. Yes, the broken wine glass that I was
21 referring to that I processed. This base was in one
22 piece. Part of the stem and part of the glass were in
23 one piece, big enough where I thought I could process it.
24 So I processed this piece and this
25 piece. There is also some little smaller shards that I
Sandra M. Halsey, CSR, Official Court Reporter
2015

1 felt I would not be able to recover. I did not process
2 the small shards of glass.
3 Q. Okay. And again, why didn't you do
4 the real small pieces of glass?
5 A. I didn't think there would be enough
6 on there if anything was recovered to be of any use.
7 Q. Not enough latent?
8 A. And some pieces were literally too
9 small to work with.
10 Q. Okay. So you processed the ones here
11 large enough to hold a latent fingerprint?
12 A. Yes.
13 Q. Okay. Well, let's look at the glass
14 then on the floor that you processed. Were you able to
15 lift any latent fingerprints from any of the glass pieces
16 that you processed here on the kitchen floor?
17 A. No.
18 Q. No?
19 A. No. I was not able to recover
20 anything from those.
21 Q. Okay. Anything else here in State's
22 Exhibit 36-D that you processed for possible latent
23 fingerprints?
24 A. I don't recall.
25 Q. Okay. Do you recall right now, do you
Sandra M. Halsey, CSR, Official Court Reporter
2016

1 recall any other items in the kitchen that you processed
2 for latent fingerprints?
3 A. Not that I recall.
4 Q. Okay. All right. So, let me just ask
5 you, were you able to recover any latent fingerprints
6 from the kitchen area where you processed?
7 A. No, I was not.
8 Q. Okay.
9
10 THE COURT: Mr. Davis, I think we'll
11 break now for lunch until 1:10. Please be back at 10
12 after 1, we will start on time. Don't discuss the case
13 among yourselves, you have the same instructions as
14 always. Thank you.
15
16 (Whereupon, a short
17 Recess was taken,
18 After which time,
19 The proceedings were
20 Resumed on the record,
21 In the presence and
22 Hearing of the defendant
23 And the jury, as follows:)
24
25 THE COURT: All right. Are both sides
Sandra M. Halsey, CSR, Official Court Reporter
2017

1 ready to bring the jury back and resume the case?
2 MR. GREG DAVIS: Yes, sir, the State
3 is ready.
4 Let's have this marked.
5
6
7 (Whereupon, the following
8 mentioned item was
9 marked for
10 identification only
11 after which time the
12 proceedings were
13 resumed on the record
14 in open court, as
15 follows:)
16
17 MR. DOUGLAS MULDER: Yes, sir, the
18 defense is ready.
19 THE COURT: All right. Bring the jury
20 in please.
21
22 (Whereupon, the jury
23 Was returned to the
24 Courtroom, and the
25 Proceedings were
Sandra M. Halsey, CSR, Official Court Reporter
2018

1 Resumed on the record,
2 In open court, in the
3 Presence and hearing
4 Of the defendant,
5 As follows:)
6
7 THE COURT: All right. Back on the
8 record. Let the record reflect that all parties in the
9 trial are present and the jury has been seated.
10
11 DIRECT EXAMINATION (Resumed)
12
13 BY MR. GREG DAVIS:
14 Q. Just for the record, your name is
15 Charles Hamilton; is that correct? The same Charles
16 Hamilton who was testifying before we took the break?
17 A. Yes.
18 Q. Before we went to lunch, you told us
19 about what you processed before in the kitchen. You were
20 not able to recover any latent fingerprints from the
21 kitchen area; is that correct?
22 A. That's correct.
23 Q. Sir, let me ask you to look at State's
24 Exhibit 89-A, and tell me if you recognize that, sir?
25 A. Yes, I do recognize it.
Sandra M. Halsey, CSR, Official Court Reporter
2019

1 Q. Does it truly and accurately depict
2 the sliding glass door at 5801 Eagle Drive, on June 6,
3 1996?
4 A. Yes.
5
6 MR. GREG DAVIS: Your Honor, we will
7 offer State's Exhibit 89-A.
8 MR. RICHARD C. MOSTY: No objection,
9 your Honor.
10 THE COURT: State's Exhibit Number
11 89-A is admitted.
12
13 (Whereupon, the item
14 Heretofore mentioned
15 Was received in evidence
16 As State's Exhibit No. 89-A
17 For all purposes,
18 After which time, the
19 Proceedings were resumed
20 As follows:)
21
22 BY MR. GREG DAVIS:
23 Q. Officer Hamilton, when you were out
24 there on June 6th, did you process this that's shown as
25 State's Exhibit 89-A for latent fingerprints, sir?
Sandra M. Halsey, CSR, Official Court Reporter
2020

1 A. I did.
2 Q. Did you process both the inside and
3 outside portion of that door?
4 A. I did.
5 Q. All right. Let's talk for a moment
6 first about the inside portion of the sliding glass door.
7 Did you check the glass surface itself for latent
8 fingerprints?
9 A. Yes.
10 Q. Okay. Were you able to recover any
11 latent fingerprints from the inside portion of the glass?
12 A. No.
13 Q. Okay. Let me ask you about the inside
14 frame of the sliding glass door did you check that for
15 latent fingerprints also?
16 A. I remember processing the frame around
17 the handle specifically. I don't recall every square
18 inch of the frame.
19 Q. Okay. So, you did -- you are sure you
20 did the inside part around the door handle; is that
21 correct?
22 A. That's correct.
23 Q. Did you get any latent fingerprints
24 from that part of the door, sir?
25 A. From the inside, no.
Sandra M. Halsey, CSR, Official Court Reporter
2021

1 Q. All right. Did you then go outside
2 and start processing the outside portion of the sliding
3 glass door?
4 A. I did.
5 Q. Okay. Let's first talk about the
6 glass surface itself. Were you able to recover any
7 latent fingerprints from the glass surface of the sliding
8 glass door?
9 A. I was not.
10 Q. Okay. Let's talk about the frame, the
11 outside portion of the frame of the sliding glass door.
12 Were you able to recover any latent fingerprints from
13 that?
14 A. Yes.
15 Q. Okay.
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
2022

1 BY MR. GREG DAVIS:
2 Q. Would you please look at State's
3 Exhibit 85-H. Do you recognize that, sir?
4 A. I do.
5 Q. Is that the latent card that
6 corresponds to a latent print that you recovered from the
7 sliding glass door?
8 A. It is.
9 Q. Again, it has your name, as well as
10 the location where you recovered this latent print; is
11 that right?
12 A. It does.
13
14 MR. GREG DAVIS: At this time we will
15 offer State's Exhibit 85-H.
16 MR. RICHARD C. MOSTY: No objection.
17 THE COURT: State's Exhibit 85-H is
18 admitted.
19
20 (Whereupon, the item
21 Heretofore mentioned
22 Was received in evidence
23 As State's Exhibit No. 85-H
24 For all purposes,
25 After which time, the
Sandra M. Halsey, CSR, Official Court Reporter
2023

1 Proceedings were resumed
2 As follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Officer, if you would please step down
6 so that we can point out to the jury where on this
7 sliding glass door that you recovered this latent print.
8 A. Okay.
9 Q. If you will step back so that all the
10 jurors can see you here.
11
12 (Whereupon, the witness
13 Stepped down from the
14 Witness stand, and
15 Approached the jury rail
16 And the proceedings were
17 Resumed as follows:)
18
19 BY MR. GREG DAVIS:
20 Q. Okay. Go ahead.
21 A. I recovered that latent print
22 approximately one inch above this door handle fitting on
23 the metal frame approximately where my pen is pointing.
24 This is the outside of the door, that is about one inch
25 in front of the handle area.
Sandra M. Halsey, CSR, Official Court Reporter
2024

1 Q. Okay.
2 A. Okay.
3 Q. Go back.
4
5 (Whereupon, the witness
6 Resumed the witness
7 Stand, and the
8 Proceedings were resumed
9 On the record, in open
10 Court, as follows:)
11
12 BY MR. GREG DAVIS:
13 Q. You have now talked to us about the
14 latent print contained in 85-H. Were you able to recover
15 any other latent fingerprints or palm prints from the
16 sliding glass door? And I'm talking about inside or
17 outside, glass or metal surface?
18 A. No.
19 Q. Okay. The utility room, kitchen, let
20 me ask you whether or not you attempted to obtain latent
21 fingerprints from the family room, which is adjacent to
22 the kitchen?
23 A. I did.
24 Q. Okay. Do you recall the areas in that
25 family room where you attempted to recover possible
Sandra M. Halsey, CSR, Official Court Reporter
2025

1 latent fingerprints? Were there several areas?
2 A. I do recall.
3 Q. Okay.
4
5
6 (Whereupon, the following
7 mentioned item was
8 marked for
9 identification only
10 after which time the
11 proceedings were
12 resumed on the record
13 in open court, as
14 follows:)
15
16
17 BY MR. GREG DAVIS:
18 Q. Sir, if you will, please look at the
19 photographs, State's Exhibit 89-B. Do you recognize that
20 to truly and accurately depict a portion of the family
21 room there at 5801 Eagle Drive?
22 A. Yes.
23 Q. Okay.
24
25 MR. GREG DAVIS: Your Honor, at this
Sandra M. Halsey, CSR, Official Court Reporter
2026

1 time we will offer State's Exhibit 89-B.
2 MR. RICHARD C. MOSTY: No objection.
3 THE COURT: State's Exhibit Number
4 89-B is admitted.
5
6 (Whereupon, the item
7 Heretofore mentioned
8 Was received in evidence
9 As State's Exhibit No. 89-B
10 For all purposes,
11 After which time, the
12 Proceedings were resumed
13 As follows:)
14
15 BY MR. GREG DAVIS:
16 Q. Sir, State's Exhibit 89-B, what does
17 that show us?
18 A. A glass-topped coffee table, you might
19 call it.
20 Q. All right. And in this family room,
21 do you recall where that is located?
22 A. I believe that is the table on the
23 north end of the family room in between the couch and the
24 kitchen counter top.
25 Q. Okay. Were you able to obtain any
Sandra M. Halsey, CSR, Official Court Reporter
2027

1 latent fingerprints or palm prints from the table shown
2 in State's Exhibit 89-B?
3 A. Yes.
4 Q. Okay. With the Court's permission,
5 could you please step down and again, show us where you
6 were able to obtain these latent prints?
7 A. Okay.
8 Q. Again, if you will step back so
9 everybody can see.
10 A. Okay. Yes, it was along the north
11 edge of the table. I believe here you can barely picture
12 it, but if you look close, there is a dried, bloody
13 latent print.
14 Q. Okay. Am I now pointing at the place
15 on the photograph that you were pointing to?
16 A. I believe that is it, in a smaller
17 picture --
18 Q. Okay. Just on the edge of the table
19 there?
20 A. Yes.
21 Q. Okay. In the photograph can you
22 actually see the dried blood that you're talking about?
23 A. I see what I believe to be the dried
24 blood, yes.
25 Q. All right. So it was on the edge of
Sandra M. Halsey, CSR, Official Court Reporter
2028

1 this coffee table. When you were out there that day,
2 could you actually see what appeared to be dried blood?
3 A. Yes, you could even see the impression
4 of the latent. You could see the friction ridges of the
5 dried blood.
6 Q. Was the latent then itself actually in
7 the blood or in the dried blood area?
8 A. That's correct.
9 Q. Okay.
10
11 (Whereupon, the following
12 mentioned items were
13 marked for
14 identification only
15 after which time the
16 proceedings were
17 resumed on the record
18 in open court, as
19 follows:)
20
21 BY MR. GREG DAVIS:
22 Q. Officer Hamilton, let me show you
23 what's been marked as State's Exhibit 85-I and 85-J.
24 Tell me whether or not these are, in fact, the two latent
25 prints that you recovered from the table shown in State's
Sandra M. Halsey, CSR, Official Court Reporter
2029

1 Exhibit 89-B?
2 A. These are two lifts from the same
3 single, bloody latent print, correct.
4 Q. Are these duplicates then of the same
5 print?
6 A. That's correct.
7 Q. Again, they contain your name as well
8 as the location of where you recovered the latents; is
9 that right?
10 A. They do.
11
12 MR. GREG DAVIS: Your Honor, at this
13 time we will offer State's Exhibit 85-I and 85-J.
14 MR. RICHARD C. MOSTY: No objection.
15 THE COURT: State's Exhibit 85-I and J
16 are admitted.
17
18 (Whereupon, the items
19 Heretofore mentioned.
20 Were received in evidence
21 As State's Exhibit
22 Nos. 85-I and 85-J,
23 For all purposes,
24 After which time, the
25 Proceedings were
Sandra M. Halsey, CSR, Official Court Reporter
2030

1 Resumed,
2 As follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Officer Hamilton, you just told us
6 about the two latents that you lifted off of the table in
7 the family room. Were you able to obtain any other
8 latent prints in the family room?
9 A. No.
10 Q. Were there other areas in the family
11 room that you processed for possible latent prints?
12 A. Besides that glass table?
13 Q. Yes, sir.
14 A. Yes, there was.
15 Q. All right, sir. Can you tell us the
16 places that you recall processing for latent prints?
17 A. I recall processing a large, square,
18 glass-top table in the center of the family room. I
19 recall processing, I guess you call it a flower vase, on
20 that table.
21 Q. Okay.
22 A. I recall processing that counter top
23 island in between the family room and the kitchen.
24 Q. Okay.
25 A. That's all I remember processing
Sandra M. Halsey, CSR, Official Court Reporter
2031

1 offhand was the surfaces in the family room.
2 Q. Okay. Officer, if you wouldn't mind
3 stepping down again. And let's look at a photograph that
4 shows the family room that you processed. And, again, if
5 you will just -- let me give you this pointer again --
6 and using the pointer again. Looking at State's Exhibit
7 11-B, do you recognize that to be a photograph of a
8 portion of the family room?
9 A. Yes.
10 Q. Could you just use the pointer and
11 just direct the jurors' attention to the areas where you
12 attempted to lift latent fingerprints or palm prints?
13 A. Well, as the photograph showed
14 earlier, here is that small, glass-top table, we
15 processed it. I recall processing this larger
16 square-topped glass table. Also this flower vase which
17 is askew.
18 Q. Okay.
19 A. The counter island, the counter
20 between the kitchen and the family room goes off here, I
21 processed that.
22 Q. Okay. Off this counter area, were you
23 able to lift any latent fingerprints or palm prints?
24 A. No.
25 Q. You pointed to a large table here.
Sandra M. Halsey, CSR, Official Court Reporter
2032

1 Were you able to lift any latent prints off of that
2 table, sir?
3 A. No.
4 Q. The vase that is on that table, were
5 you able to lift any latent fingerprints from it?
6 A. I was not.
7 Q. Do you recall at this time any other
8 areas or items there in the family room that you
9 processed for latent --
10 A. I don't recall any other items.
11 Q. Okay. Again, the two off of the table
12 on the north end of the room, those are the only two
13 latents that you lifted in the family room?
14 A. Yes.
15 Q. Officer Hamilton, do you remember any
16 other areas, either inside or outside the house, that you
17 processed for latent prints on June 6th, 1996?
18 A. Yes.
19 Q. Okay. What other areas?
20 A. The front entry door inside and out of
21 the door.
22 Q. Okay. So the front door to the house,
23 correct?
24 A. Yes.
25 Q. Both inside and out?
Sandra M. Halsey, CSR, Official Court Reporter
2033

1 A. Yes.
2 Q. Were you able to lift any latent
3 prints off of either the inside or the outside of the
4 front door of that residence?
5 A. I was not.
6 Q. Any other areas that you recall?
7 A. I don't recall any other specific
8 areas or items that I processed on that day.
9 Q. Okay. Do you have an estimate of the
10 amount of time that you spent out there that morning
11 attempting to lift latent prints? And I'm talking about
12 the front door, the family room, the kitchen, the utility
13 room, the garage and the items outside of the garage,
14 just a best estimate of the amount of time that you spent
15 out there trying to lift those prints?
16 A. Five hours, no less than that.
17 Q. All right. When you actually finished
18 your lifting process, what did you do with the latent
19 cards that you have identified here in court?
20 Did you do any sort of comparison or
21 analysis yourself?
22 A. I did no comparison or analysis.
23 Q. Okay. Are you trained in fingerprint
24 comparison or identification?
25 A. Briefly.
Sandra M. Halsey, CSR, Official Court Reporter
2034

1 Q. You didn't do that though that day,
2 right?
3 A. No, that is not one of my duties.
4 Q. Okay. And did you then place those
5 into evidence so someone else could do any comparisons or
6 analysis that needed to be made?
7 A. I turned them into evidence.
8 Q. All right.
9
10 (Whereupon, the following
11 mentioned item was
12 marked for
13 identification only
14 after which time the
15 proceedings were
16 resumed on the record
17 in open court, as
18 follows:)
19
20 BY MR. GREG DAVIS:
21 Q. Officer, if you would, please step
22 down here, and just look at what has been marked as
23 State's Exhibit 42-B.
24 A. Okay.
25 Q. Okay. Let me ask you, sir, does this
Sandra M. Halsey, CSR, Official Court Reporter
2035

1 appear to be the window that you processed for latents
2 out there on June 6, 1996? More specifically, does this
3 appear to be the window where the screen was cut in the
4 garage at 5801 Eagle Drive?
5 A. Yes.
6 Q. And this -- you see some black powdery
7 material there towards the bottom of the window?
8 A. Yes.
9 Q. Okay. Is that fingerprint powder that
10 you used to process this window for latent prints?
11 A. That would be it.
12 Q. Okay.
13
14 MR. GREG DAVIS: Your Honor, at this
15 time we will offer State's Exhibit 42-B.
16 MR. RICHARD C. MOSTY: No objection.
17 THE COURT: State's Exhibit 42-B is
18 admitted.
19
20 (Whereupon, the item
21 Heretofore mentioned
22 Was received in evidence
23 As State's Exhibit No. 42-B
24 For all purposes,
25 After which time, the
Sandra M. Halsey, CSR, Official Court Reporter
2036

1 Proceedings were resumed
2 As follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Now, the side of the window that is
6 facing the jurors, is that the inside part of the window?
7 A. That's correct.
8 Q. Okay. And again, this black material
9 that is on the bottom of the bottom ridge here of the
10 window frame, what is that?
11 A. That's black fingerprint powder.
12 Q. Okay. And if you will now, looking at
13 State's Exhibit 42-B, can you show the jurors on this
14 exhibit where you were able to lift the latents that we
15 have in evidence as 85-A, B, C, D and E?
16 A. Yes.
17 Q. Okay. Would you do that right now?
18 A. Yes. Latent impressions were
19 recovered on this bottom frame here where my pen is
20 pointing, approximately starting here, that's an
21 approximation, 5 and the other, last was 11 inches, 5 to
22 11 inches from this corner, approximately in this area
23 here.
24 Q. All right. And those were the only
25 latents lifted off of the window, right?
Sandra M. Halsey, CSR, Official Court Reporter
2037

1 A. Yes.
2 Q. Thank you.
3
4 (Whereupon, the witness
5 Resumed the witness
6 Stand, and the
7 Proceedings were resumed
8 On the record, as
9 Follows:)
10
11 BY MR. GREG DAVIS:
12 Q. Officer Hamilton, on June the 6th,
13 1996, in addition to the five hours of trying to lift the
14 prints, did you do anything else there at the house that
15 you recall at this time?
16 A. Yes.
17 Q. Okay. What else did you do?
18 A. I assisted another officer in taking
19 some measurements so he could generate a sketch at a
20 later time.
21 Q. Okay. That other officer, is that Ray
22 Clark?
23 A. Yes, it was.
24 Q. Was there ever a time out that at 5801
25 Eagle that were you asked to take some photographs?
Sandra M. Halsey, CSR, Official Court Reporter
2038

1 A. Yes.
2 Q. Okay. And, what photographs did you
3 take that day?
4 A. Well, I recall taking photographs of
5 the bloody, latent print on the glass-top table in the
6 family area, before I lifted it in hopes that we would
7 have two types of documentation.
8 Q. Right. How did that turn out?
9 A. I don't know. I remember they didn't
10 come out real good, I didn't think. They were a little
11 blurry.
12 Q. Okay.
13 A. They weren't real good quality, and it
14 wasn't an inappropriate camera for photographing
15 fingerprints from.
16 Q. Okay. What else did you photograph?
17 A. I photographed the kitchen sink.
18 Q. Okay. Was that done at the request of
19 someone?
20 A. Yes.
21 Q. Do you recall an individual named
22 Kathryn Long?
23 A. Yes, I do.
24 Q. Okay. Did she request that you
25 photograph the sink?
Sandra M. Halsey, CSR, Official Court Reporter
2039

1 A. She did.
2 Q. And you did that?
3 A. At her request, yes.
4 Q. Okay. Have we discussed pretty much
5 what you did out there then on June 6th, 1996?
6 A. We have.
7 Q. All right. Now, let me move you
8 forward a day to June 7. Did you have occasion to go
9 back out there to Eagle on that day?
10 A. I did.
11 Q. And on that day, were you instructed
12 to do something?
13 A. I was.
14 Q. And what were you instructed to do on
15 June 7th?
16 A. Collect some blood samples from
17 specific areas.
18 Q. Okay. Were those areas pointed out to
19 you by your supervisor or someone else?
20 A. They were pointed out to me by my
21 supervisor.
22 Q. Officer Hamilton, looking at State's
23 Exhibit 122, let me direct your attention to the circles,
24 there are some circles with RH; is that correct?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2040

1 Q. Okay. Here in the family room, and
2 let's see, we have the family room, family room, family
3 room here, here, as well as in the kitchen, and the
4 kitchen; is that correct, sir?
5 A. Yes.
6 Q. Okay. Does this board then, do those
7 circles accurately reflect where you went to recover
8 blood samples from, in the residence on June 7th, 1996,
9 sir?
10 A. That is a close approximation, yes.
11 Q. Okay. Did you actually make a sketch
12 for yourself about where you recovered these?
13 A. I did.
14 Q. All right. And that's got the exact
15 measurements, I suppose?
16 A. On the sketch, no, I have got the
17 exact measurements on my report. The sketch is kind of
18 like that, again, a general diagram to indicate
19 approximate place.
20 Q. Okay.
21 A. I don't make scale drawings myself.
22 Q. All right. Do you recall where you
23 went to obtain those blood samples that day?
24 A. I recall the two rooms they were made
25 in.
Sandra M. Halsey, CSR, Official Court Reporter

2041

1 Q. Okay. What rooms were they?
2 A. The kitchen and the family room.
3 Q. Let's see; a seven -- seven samples,
4 or do you recall?
5 A. I would have to look at my report to
6 be certain.
7 Q. Okay. You went out there on the 7th,
8 you recovered the blood samples from those two rooms.
9 Did you do anything else out there on the 7th that you
10 recall?
11 A. Not that I recall.
12 Q. Okay. The blood samples that you
13 took, did you place those into evidence so they could be
14 sent on for further analysis?
15 A. I placed them into evidence.
16 Q. Now on the 8th, on June 8th, did you
17 go back out to the house to recover additional blood
18 samples?
19 A. Yes.
20 Q. And do you recall where you retrieved
21 those from on the 8th?
22 A. Yes.
23 Q. Okay. Where was that?
24 A. On the hand railing, on the banister
25 on the stairwell inside the home.
Sandra M. Halsey, CSR, Official Court Reporter
2042

1 Q. Okay. Again, were you directed to go
2 to those areas, or did you just choose those areas on
3 your own?
4 A. No. I was directed by my supervisor
5 to collect samples.
6 Q. All right. Again, did you place those
7 into evidence for analysis later?
8 A. I placed them into evidence.
9 Q. All right. Now let me direct
10 attention forward to June the 10th, 1996. Again, did you
11 have occasion to go out there to the residence?
12 A. Yes.
13 Q. And on that date, did you actually
14 recover certain items of property and place them into the
15 police property room?
16 A. I did.
17 Q. Okay.
18
19 (Whereupon, the following
20 mentioned item was
21 marked for
22 identification only
23 after which time the
24 proceedings were
25 resumed on the record
Sandra M. Halsey, CSR, Official Court Reporter
2043

1 in open court, as
2 follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Officer Hamilton, if you would, please
6 look at State's Exhibit 86. Do you recognize that, sir?
7 A. Yes.
8 Q. Okay. Is this a rug that you
9 recovered from the kitchen there at Eagle Drive on June
10 10th, 1996, sir?
11 A. It's a throw rug from the kitchen
12 floor in front of the sink area.
13 Q. Okay. Let me just ask you for record
14 purposes. Do you see certain holes in the rug today?
15 A. I didn't note any holes when I put it
16 into evidence.
17 Q. Okay.
18
19 MR. GREG DAVIS: Your Honor, we will
20 offer State's Exhibit 86.
21 MR. RICHARD C. MOSTY: No objection.
22 THE COURT: State's Exhibit 86 is
23 admitted.
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2044

1 (Whereupon, the item
2 Heretofore mentioned
3 Was received in evidence
4 As State's Exhibit No. 86
5 For all purposes,
6 After which time, the
7 Proceedings were resumed
8 As follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Were you directed to recover State's
12 Exhibit No. 86?
13 A. Yes.
14 Q. Okay.
15
16
17 (Whereupon, the following
18 mentioned item was
19 marked for
20 identification only
21 after which time the
22 proceedings were
23 resumed on the record
24 in open court, as
25 follows:)
Sandra M. Halsey, CSR, Official Court Reporter
2045

1
2 BY MR. GREG DAVIS:
3 Q. Mr. Hamilton, looking now at State's
4 Exhibit 87, do you recognize that item, sir?
5 A. Yes, I do.
6 Q. Okay. Is this also an item that you
7 recovered from 5801 Eagle Drive on June 10, 1996?
8 A. Yes.
9 Q. Okay. Do you recall what room that
10 you recovered this item in, sir?
11 A. Family room.
12 Q. Okay.
13
14 MR. GREG DAVIS: Your Honor, at this
15 time we will offer State's Exhibit 87.
16 MR. RICHARD C. MOSTY: No objection.
17 THE COURT: State's Exhibit 87 is
18 admitted.
19
20 (Whereupon, the item
21 Heretofore mentioned
22 Was received in evidence
23 As State's Exhibit No. 87,
24 For all purposes,

25 After which time,
Sandra M. Halsey, CSR, Official Court Reporter
2046

1 The proceedings were
2 Resumed as follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Where in the family room did you
6 recover State's Exhibit 87?
7 A. Sort of in the center of the room on
8 the floor, approximately -- I would have to look at my
9 report to be exact, but about two feet south of the edge
10 of a large glass-top table.
11 Q. Okay. Again, were you directed to
12 take that particular item of property into your
13 possession?
14 A. I was.
15 Q. Now, I want to direct your attention
16 forward, sir, to November 26, 1996. Again, did go to
17 5801 Eagle Drive?
18 A. I did.
19 Q. And at that time, did you attempt to
20 lift latent fingerprints or palm prints from the bathroom
21 upstairs near the boys' bedroom?
22 A. I was directed to do so, yes.
23 Q. Okay. Who asked you to do that?
24 A. You did.
25 Q. Was I also present out there at the
Sandra M. Halsey, CSR, Official Court Reporter
2047

1 residence?
2 A. You were.
3 Q. Were you able to lift any latent
4 fingerprints from that area, sir?
5 A. I was.
6 Q. Okay.
7
8 (Whereupon, the following
9 mentioned items were
10 marked for
11 identification only
12 after which time the
13 proceedings were
14 resumed on the record
15 in open court, as
16 follows:)
17
18 BY MR. GREG DAVIS:
19 Q. Sir, let me show you, cards marked
20 88-A. These are State's Exhibits 88-A, B, C, D, E, F,
21 and ask you whether or not these are the six latents that
22 you recovered from the boys' bathroom area on November
23 26th, 1996?
24 A. Yes, those are them.
25 Q. Okay. And again, do they contain your
Sandra M. Halsey, CSR, Official Court Reporter
2048

1 name, 5801 Eagle Drive, as well as the location where you
2 actually recovered these latents?
3 A. They do.
4
5 MR. GREG DAVIS: Your Honor, at this
6 time we will offer State's Exhibit 88-A through 88-F,
7 inclusive.
8 MR. RICHARD C. MOSTY: No objection.
9 THE COURT: State's Exhibit 88-A, B,
10 C, D, E and F are admitted.
11 MR. GREG DAVIS: Okay.
12
13 (Whereupon, the items
14 Heretofore mentioned
15 Were received in evidence
16 As State's Exhibit Nos. 88-A,
17 B,C,D,E,F, for all purposes,
18 After which time, the
19 Proceedings were resumed
20 As follows:)
21
22 BY MR. GREG DAVIS:
23 Q. Okay. Officer Hamilton, do you see
24 the photograph that I'm showing you is State's Exhibit
25 17-A? Do you see that, sir?
Sandra M. Halsey, CSR, Official Court Reporter
2049

1 A. Yes.
2 Q. Okay. Does that show the bathroom
3 area where you attempted to recover latent fingerprints
4 on November 26th, 1996?
5 A. Yes.
6 Q. Am I pointing at that bathroom?
7 A. I believe so, yes.
8 Q. Okay. You got six latents, generally
9 in the bathroom. Where were you able to recover the
10 latent prints?
11 A. I would have to look at my reports to
12 recall specific locations.
13 Q. Again, that is on November 26, '96,
14 right?
15 A. Yes.
16 Q. Again, the prints that you recovered
17 on November 26, did you place those into evidence?
18 A. Yes.
19 Q. Okay. Did you do anything else with
20 them besides that?
21 A. No.
22 Q. Let me just ask you, Officer Hamilton,
23 you have talked to me about this case prior to today,
24 haven't you?
25 A. Yes.
Sandra M. Halsey, CSR, Official Court Reporter
2050

1 Q. Have you had a chance to talk with me
2 in Dallas about the case?
3 A. Yes.
4 Q. Several times?
5 A. That's correct.
6 Q. Did you also have a chance to talk
7 with me while we have been here in Kerrville about the
8 case?
9 A. Yes.
10 Q. In this case, at certain points, did
11 you make notes about what you were doing out there at
12 5801 Eagle Drive?
13 A. Yes, I did.
14 Q. And did you also make certain written
15 reports about what you had done out there at Eagle Drive?
16 A. I did.
17 Q. Okay. Officer Hamilton, let me show
18 you what I am going to mark for identification purposes
19 as State's Exhibit 89-D.
20
21 (Whereupon, the following
22 mentioned item was
23 marked for
24 identification only
25 after which time the
Sandra M. Halsey, CSR, Official Court Reporter
2051

1 proceedings were
2 resumed on the record
3 in open court, as
4 follows:)
5
6
7 BY MR. GREG DAVIS:
8 Q. Now, let me ask you to look through
9 these pieces of paper and tell me whether they are, in
10 fact, copies of the notes that you made in this case, as
11 well as copies of the reports that you prepared?
12
13 MS. SHERRI WALLACE: Excuse me, Mr.
14 Davis, there already is an 89-B.
15 MR. GREG DAVIS: 89-D.
16 MS. SHERRI WALLACE: Oh.
17 THE WITNESS: Yes, these are mine.
18 MR. GREG DAVIS: Your Honor, we will
19 tender the notes and reports 89-D to counsel. And we
20 will pass the witness.
21 THE COURT: Well, Mr. Mosty?
22 MR. RICHARD C. MOSTY: May I have a
23 few moments to review these reports?
24 THE COURT: You may. All right. A
25 brief break, 5 minute break. All right. Make it a 10
Sandra M. Halsey, CSR, Official Court Reporter
2052

1 minute break.
2
3 (Whereupon, a short
4 recess was taken, after
5 which time, the
6 proceedings were
7 resumed in open court,
8 in the presence and
9 hearing of the
10 Defendant, being
11 represented by his
12 Attorney, but outside of
13 the presence of the jury
14 as follows:)
15
16 THE COURT: All right. Bring the jury
17 back in. Is everybody ready to bring the jury back?
18 MR. GREG DAVIS: Yes, sir, we are
19 ready.
20 MR. DOUGLAS MULDER: Yes, sir, we are
21 ready.
22 THE COURT: All right. Are you all
23 right, Officer?
24 THE WITNESS: Yes, sir.
25 THE COURT: All right.
Sandra M. Halsey, CSR, Official Court Reporter
2053

1
2 (Whereupon, the jury
3 Was returned to the
4 Courtroom, and the
5 Proceedings were
6 Resumed on the record,
7 In open court, in the
8 Presence and hearing
9 Of the defendant,
10 As follows:)
11
12 THE COURT: Let the record reflect
13 that all parties in the trial are present and the jury is
14 seated.
15 Mr. Mosty.
16
17
18 CROSS EXAMINATION
19
20 BY MR. RICHARD MOSTY:
21 Q. Officer Hamilton, what time did you
22 tell us that you got to the scene?
23 A. On June 6th?
24 Q. Yes, sir.
25 A. Approximately 9:00 a.m.
Sandra M. Halsey, CSR, Official Court Reporter
2054

1 Q. Okay. And left about 2:00?
2 A. No, sir, I left about 6:00 p.m. as I
3 recall.
4 Q. You finished your print search about
5 2:00?
6 A. Well, probably thereafter, because I
7 didn't start processing exactly at 9:00, probably closer
8 to 10:00 before I started the latent processing.
9 Q. What did do you for that first hour?
10 A. I assisted Officer Clark in taking
11 some measurements so he could later generate a crime
12 scene sketch.
13 Q. Okay. And when you got there at 9:00
14 and when you went in, how many people were in the house?
15 A. When I got there no one was in the
16 house.
17 Q. No one was in?
18 A. That's correct.
19 Q. And you went in with Officer Clark,
20 was it?
21 A. He was one of the people that I went
22 in with.
23 Q. Who all went in when you went in?
24 A. I don't recall all of the people that
25 went in. At about the time I went in the supervisor,
Sandra M. Halsey, CSR, Official Court Reporter
2055

1 Sergeant Nabors, went in with us.
2 Q. Okay.
3 A. I believe James Cron went in with us.
4 Q. Had Mayne already been through picking
5 up evidence?
6 A. I don't know.
7 Q. Before you went in at 9 o'clock?
8 A. I don't know. Officer Mayne was there
9 also at 9:00 o'clock when I got there.
10 Q. You were not able to observe whether
11 or not it appeared things had been picked up and
12 collected as evidence?
13 A. I don't know if they had or not.
14 Q. Okay. So, you, for the first hour or
15 so you assisted Clark?
16 A. Approximately, that length of time,
17 yes.
18 Q. And you were doing measuring, if I
19 understand?
20 A. Yes, helping him take some
21 measurements.
22 Q. What were you doing then?
23 A. Holding one end of the tape, yes.
24 Q. You would go to one wall and he would
25 hold the tape up against the other wall?
Sandra M. Halsey, CSR, Official Court Reporter
2056

1 A. That sort of thing, yes.
2 Q. Okay. Did you do that in the family
3 room?
4 A. Some of it, yes.
5 Q. Okay. What parts of it?
6 A. As I recall, it was getting the width
7 and length of the room measurement.
8 Q. Okay. So would you, like, take the
9 tape and walk over to the wall that had a television on
10 it?
11 A. I don't recall.
12 Q. You don't recall who did? But one of
13 y'all would walk across the room to the television?
14 A. I don't recall -- I vaguely recall the
15 television was in the room, I think, but I don't
16 remember.
17 Q. Okay. Well, let me take the
18 television out of the equation.
19 A. Okay.
20 Q. Do you remember the wall had a
21 fireplace on it?
22 A. Yes.
23 Q. Okay. One of you walked over to the
24 wall that had the fireplace on it and one of you got over
25 by the kitchen bar, and made some -- and figured out what
Sandra M. Halsey, CSR, Official Court Reporter
2057

1 that measurement was?
2 A. Probably. I don't recall
3 specifically.
4 Q. You don't recall that?
5 A. No.
6 Q. Okay. Did y'all -- did you measure at
7 more than one place? For instance, in the length of that
8 room?
9 A. I don't recall.
10 Q. Okay. What about then the other way?
11 Did you measure from the backyard wall, what I call the
12 backyard wall and the interior wall, did you make that
13 measurement?
14 A. I don't recall specifically.
15 Q. Did you make measurements in the
16 kitchen?
17 A. I don't believe we made any
18 measurements in the kitchen. I didn't assist him with
19 any anyway.
20 Q. Okay. What about the utility room?
21 A. No.
22 Q. Garage?
23 A. Not that I recall. I recall making
24 some on the outside of the house. We did the outside
25 perimeter of the actual brick structure itself.
Sandra M. Halsey, CSR, Official Court Reporter
2058

1 Q. Okay.
2 A. I remember making those specifically.
3 Q. Okay. Do you have some recollection
4 of the family room, or is that not even --
5 A. I don't recall, for sure.
6 Q. Okay. You remember the outside, but
7 you really don't remember whether or not you helped
8 measure the inside?
9 A. That's correct.
10 Q. Okay. When did you do your sketches?
11 A. My sketch in reference to the blood
12 samples from the 7th, I generated them on the 7th.
13 Q. On the 7th?
14 A. That's correct.
15 Q. So all of these notations of
16 measurements were done on the 7th, on your sketch?
17 A. I would have to see what you are
18 referring to specifically, please.
19 Q. Well, I noted that, I'm showing you
20 part of 89-D?
21 A. Okay.
22 Q. Is this a sketch?
23 A. Yes. That is going to be in relation
24 to blood samples on the 7th. That is my rough sketch,
25 yes, sir.
Sandra M. Halsey, CSR, Official Court Reporter

2059

1 Q. I believe it says 60709?
2 A. Yes, sir. This is more of a finished
3 sketch.
4 Q. This is what you did back at the
5 office?
6 A. Correct, sir.
7 Q. And I note that you were careful to on
8 every report sign and date your reports, it looks like?
9 A. I believe so.
10 Q. Is that your practice?
11 A. It is, in fact.
12 Q. When you type up a report, do you read
13 it for accuracy?
14 A. I usually proofread it more than once,
15 in this case, several times.
16 Q. Okay. And then you signed it, and
17 make sure the date is on it?
18 A. Yes.
19 Q. Okay. Is that taught to you-all at
20 Rowlett to do that?
21 A. They gave me a basic general format to
22 follow, not in content so much, but as to the format
23 itself of what they wanted.
24 Q. What about signing and dating? Is
25 that a practice you picked up before Rowlett?
Sandra M. Halsey, CSR, Official Court Reporter
2060

1 A. That is a practice I picked up before
2 Rowlett. That is also a procedure that I personally was
3 instructed to do since being at Rowlett. I don't know
4 what the others do.
5 Q. Okay. But your understanding of the
6 standing instructions --
7 A. To me.
8 Q. -- at Rowlett PD --
9 A. To me.
10 Q. To you anyway.
11 A. To me, yes, sir.
12 Q. Were to read your report, sign and
13 date it?
14 A. I had been so instructed, yes.
15 Q. By whom?
16 A. Sergeant Nabors, when I first came on
17 the crime scene unit.
18 Q. All right. Now, at the time that you
19 were measuring from 9 to 10, roughly, do you know who was
20 in the house?
21 A. No, I don't.
22 Q. Okay. You went in, 10, give or take?
23 A. No.
24 Q. For print purposes?
25 A. For print purposes, yes. That is
Sandra M. Halsey, CSR, Official Court Reporter
2061

1 correct.
2 Q. Okay. Who was in the house then?
3 A. I don't recall for a fact. I remember
4 some of the people that were there that morning. I don't
5 remember who specifically was in there when I started the
6 print process.
7 Q. Who do you remember being in there?
8 A. Evidence Officer David Mayne, crime
9 scene supervisor Sergeant Nabors, James Cron, Officer
10 Clark was in there for just a little while when I
11 assisted him in some measurements.
12 Q. Inside?
13 A. I believe so. I know around the
14 house. I think we made some inside, but I can't swear to
15 it.
16 Q. All right. Anyone else that you
17 recall?
18 A. Not that I recall off-hand inside the
19 house early that morning.
20 Q. Other than Clark, if you remember
21 correctly you were helping inside and I understand that
22 you are not positive about that. But is he the only one
23 that you helped do something? I'm talking about your
24 first time in there on the 6th.
25 A. He is the only one I physically
Sandra M. Halsey, CSR, Official Court Reporter
2062

1 assisted doing anything, yes.
2 Q. Were Mayne and Nabors and Cron doing
3 other stuff?
4 A. I don't know what they were doing.
5 They were investigating the crime scene.
6 Q. You were not really paying attention?
7 A. Not so much.
8 Q. Did you see anyone collect any
9 evidence while were you in there?
10 A. I didn't notice anyone collect any
11 evidence.
12 Q. Could you see something that appeared
13 that evidence had been collected?
14 A. I didn't take note of any -- nothing I
15 knew of had been collected. If it had, nobody made me
16 aware of it. It was not my duty to be aware of it.
17 Q. Do you recall what room these other
18 three or four folks were in? Or were they in different
19 rooms at different times?
20 A. I don't know really what rooms that
21 they were in.
22 Q. Okay. You weren't really taking note
23 of they were doing?
24 A. I focused on my printing process and
25 that was pretty important to me at the time.
Sandra M. Halsey, CSR, Official Court Reporter
2063

1 Q. And that is -- are you sort of the
2 designated print person for Rowlett?
3 A. Not necessarily, but, that was my duty
4 that morning.
5 Q. At this time?
6 A. Yes.
7 Q. Okay. All right. Now did you --
8 where did you first proceed in the house?
9 A. The first place I attempted to recover
10 latents was in the garage, yeah, the garage window, the
11 open window, slashed screen.
12 Q. Now, you sort of described a sequence
13 to Mr. Davis. I was not clear whether or not that was
14 just a convenient way to do it or that was the sequence
15 that you did it in.
16 A. That was the sequence I did it in.
17 And I thought was -- made some kind of sense to me, the
18 point of entry/exit alleged, working back.
19 Q. You sort of thought that through. It
20 would be a little easier to remember, a little easier to
21 explain if I pick a point and then move in a
22 consistent --
23 A. Not so much to explain. It just made
24 some kind of sense to me instead of hopscotch, a little
25 bit more of a pattern to it.
Sandra M. Halsey, CSR, Official Court Reporter
2064

1 Q. Rather then say, "Oh, there's
2 something," and do that, and go across the room?
3 A. And maybe forget what's in between.
4 Q. Yeah. And that would be true if
5 somebody, for instance, collected evidence, that would be
6 the same kind of principle, wouldn't it? Start picking
7 up evidence, that ought to sort of try to identify it in
8 a logical sequence?
9 A. Well, different evidence folks do
10 things differently.
11 Q. Okay. So you proceeded -- did you
12 walk in and through the kitchen to the garage?
13 A. Yes.
14 Q. Okay. And did you walk -- did you
15 start at the window?
16 A. The garage window?
17 Q. Yes, sir.
18 A. Yes. That was the first place I
19 processed was the actual window and frame itself.
20 Q. And then after you did that from the
21 inside, you then went back outside and processed the
22 outside area?
23 A. I don't recall if I did. I did the
24 inside, I don't recall if I got those items in the garage
25 near the window next, or if I went outside to the outside
Sandra M. Halsey, CSR, Official Court Reporter
2065

1 of the window. I don't recall that specific sequence.
2 Q. But you went back through the house
3 out the front door and around to the backyard?
4 A. I don't recall how I got in and out
5 from that garage to the outside of that window.
6 Q. Okay.
7 A. I don't remember my path when I
8 walked.
9 Q. What all are you carrying with you to
10 do your job?
11 A. At this point, I have got a small box,
12 about like this, with a fingerprint collection kit in it.
13 That's all I --
14 Q. Like a tool chest type of thing?
15 A. Yes, sir. Plastic, it has a lid.
16 Q. Okay.
17 A. And a few items inside.
18 Q. What else?
19 A. That's all I had with me on hand.
20 Q. Okay. Did you have -- I know later
21 you took some photographs, did you have a camera with
22 you?
23 A. I used the same camera, that Officer
24 Mayne, I believe had used earlier in the day.
25 Q. Okay.
Sandra M. Halsey, CSR, Official Court Reporter
2066

1 A. Auto-focus camera.
2 Q. Okay. Did you put in your own film to
3 do your --
4 A. That's correct.
5 Q. -- photography?
6 A. That's correct.
7 Q. All right. So you did the garage.
8 And, you went over and, I guess, knelt down at the garage
9 window and thoroughly looked at it?
10 A. Yes.
11 Q. Tell me, and you talked a lot about
12 what you observed, what you dusted, what you lift. How
13 do you go about that process of taking an item and trying
14 to determine if there are prints on it and then whether
15 or not to dust it, and then whether or not to try to lift
16 something. Describe that process for me.
17 A. Well, I don't understand your question
18 entirely.
19 Q. Okay. Well, do you first go and
20 eyeball the item?
21 A. That's correct.
22 Q. And there are some places that you
23 think are more likely than not --
24 A. To be pertinent.
25 Q. -- to have prints?
Sandra M. Halsey, CSR, Official Court Reporter
2067

1 A. Yes, that's correct.
2 Q. Okay. And so, I guess, you would
3 thoroughly look at those?
4 A. Visually first, yes.
5 Q. Okay. Do you -- I mean, do you get up
6 close to them?
7 A. Yes.
8 Q. And sort of --
9 A. You look from a distance and then you
10 look up close.
11 Q. Okay. So I might look from several
12 feet?
13 A. That's correct.
14 Q. And assuming my eye sight is good
15 enough, I might get up very close?
16 A. That's correct.
17 Q. To an object and go down it, for
18 instance?
19 A. With your eyes, yes.
20 Q. Yes. I'm sorry. I didn't mean to
21 touch.
22 A. Yes, that's correct.
23 Q. I would be careful not to touch,
24 wouldn't I?
25 A. Yes, you would be, plus gloves, yes.
Sandra M. Halsey, CSR, Official Court Reporter
2068

1 Q. Okay. So I look at it visually very
2 closely and perhaps identify what I thought were
3 potential prints, eyeballing?
4 A. You -- latent prints, latent means
5 hidden. They all are not visible to the human eye
6 without processing. On occasion, they might be. Often
7 they are not.
8 Q. But the first thing you are going to
9 do is visually see?
10 A. You're going to do that, yes.
11 Q. Is there anything I can eyeball here?
12 A. That's correct.
13 Q. Okay.
14 A. You also look for surface texture and
15 those sort of things that might be conducive to leaving a
16 latent impression.
17 Q. And you are looking at some areas that
18 may be rough edged like the side of this that are
19 probably not conducive?
20 A. That's correct.
21 Q. To a latent print?
22 A. That's correct.
23 Q. So if I were going to do this TV, I
24 would go all around it to determine where I might see
25 prints?
Sandra M. Halsey, CSR, Official Court Reporter
2069

1 A. You might do that.
2 Q. And I might think the screen would be
3 a very good place.
4 A. Glass is good, yes.
5 Q. To get a print. Okay. So, after you
6 have visually inspected the object, what do you do then?
7 A. I apply a light coat of fingerprint
8 powder, in this case black powder is the agent I used to
9 process.
10 Q. Okay. And --
11 A. With a brush, of course.
12 Q. Do you brush the whole object?
13 A. You might.
14 Q. How would you decide what to brush and
15 what not?
16 A. It's just a matter of experience,
17 common sense, and gut feeling. In this case on that
18 window, I pretty much processed the whole thing because I
19 felt it might be important.
20 Q. Okay. And, you, I guess, you have
21 this dust in a little bowl or something in your kit?
22 A. It's in a container, plastic jar
23 container.
24 Q. So you take off your container and you
25 get a brush, did you say?
Sandra M. Halsey, CSR, Official Court Reporter
2070

1 A. Correct.
2 Q. What kind of brush?
3 A. I don't know what the brush is made
4 of. There's different kinds.
5 Q. Okay.
6 A. I don't know the substance of the
7 brush.
8 Q. Well, I guess it's a wooden handle, or
9 is it a plastic handle?
10 A. Well, there's both.
11 Q. There's wooden and plastic handles?
12 A. That's correct.
13 Q. And what kind of brush, bristles are
14 on there?
15 A. I don't know.
16 Q. Is bristles a good enough word?
17 A. It could be.
18 Q. Okay. What are those made of?
19 A. I don't know.
20 Q. Is this your kit or is this somebody
21 else's kit?
22 A. This is my kit.
23 Q. Okay. And what kind of materials are
24 those bristles made of?
25 A. I don't know.
Sandra M. Halsey, CSR, Official Court Reporter
2071

1 Q. You don't know the different kinds of
2 things they have?
3 A. No.
4 Q. Do you just buy that generic?
5 A. No, it's supplied by the department.
6 Q. Okay.
7 A. They are specifically made for this
8 purpose. I don't recall what the bristles are made of,
9 if that's even the correct terminology.
10 Q. Okay.
11 A. The brush.
12 Q. The brush.
13 A. That's what I call it.
14 Q. The part you brush on with?
15 A. That's correct.
16 Q. Okay. What color are those bristles?
17 A. They are black now with fingerprint
18 powder. Originally, they were all whitish colored. They
19 were light colored.
20 Q. Pardon?
21 A. Light colored.
22 Q. Okay.
23 A. Maybe white. I don't recall. They
24 are covered with fingerprint dust. I use them
25 constantly. That is part of my work.
Sandra M. Halsey, CSR, Official Court Reporter
2072

1 Q. Okay. Did you tell me that you
2 don't -- that no one has ever taught you or told you what
3 those bristles materials are made of?
4 A. I don't recall. I may have been told,
5 I don't remember.
6 Q. Okay. All right. So you went through
7 this process in the garage first and then sort of were
8 working your way back to the utility room?
9 A. Yes.
10 Q. Okay. And the next thing you did was
11 the utility room?
12 A. The door in between the garage and
13 utility room.
14 Q. All right. And so you had walked out
15 to the garage. Now you walked back through the utility
16 room?
17 A. Yes.
18 Q. Did you notice a ball cap there on the
19 floor?
20 A. Yes.
21 Q. You saw that ball cap?
22 A. It wasn't specifically on the utility
23 room floor. I don't remember. I remember a dark blue,
24 maybe ball cap with a little logo on the floor,
25 somewhere.
Sandra M. Halsey, CSR, Official Court Reporter
2073

1 Q. But you are not sure where on the
2 floor?
3 A. Not specifically.
4 Q. Okay. And as you came into the
5 utility room, that door opens into the utility room?
6 A. I don't recall which way it opens.
7 Q. All right. Let me show you, Exhibit
8 38, and you might look at 38-B. Does it show the door in
9 it?
10 A. Yes. And it appears to open inward
11 into the utility room. I see a cap in the picture.
12 Q. Now, when you dusted, did you start
13 by -- first you started by inspecting, I guess?
14 A. Yes.
15 Q. And you inspected, which side of the
16 door first?
17 A. I don't recall. I'm sure -- I don't
18 recall.
19 Q. Okay. You were standing probably in
20 the utility room?
21 A. I would say I worked outside in as I
22 worked a logical path back in, but I can't swear to which
23 side of the door I did first.
24 Q. Do you think you were standing in the
25 utility room when you were inspecting the door?
Sandra M. Halsey, CSR, Official Court Reporter
2074

1 A. The inside or the outside?
2 Q. Well, both.
3 A. I don't recall.
4 Q. Okay. Now, you would not want to --
5 if that door were open, you wouldn't have closed it when
6 you went out to the garage, would you?
7 A. No, I'm not going to unnecessarily
8 disturb anything.
9 Q. Okay. So, and as you were going
10 around it, you wouldn't, for instance, stand and move
11 that door so you could look at it, would you?
12 A. I might.
13 Q. You might?
14 A. To visually inspect as part of my
15 investigation.
16 Q. If you were trying to be careful? Be
17 careful with your gloves so as not to disturb something.
18 A. And my feet.
19 Q. Okay. And so you're looking, you are
20 visually inspecting the door, top to bottom pretty much?
21 A. That's correct.
22 Q. Okay. And then did you go around and
23 inspect the end of the door?
24 A. I don't recall.
25 Q. You do not recall inspecting that?
Sandra M. Halsey, CSR, Official Court Reporter
2075

1 A. I don't know if I did or not.
2 Q. Okay. Then did you move on around and
3 inspect the -- what I would call the inside of the door?
4 A. I processed the inside of the door,
5 yes.
6 Q. Okay. By processing it, you mean?
7 A. Visually inspecting it.
8 Q. Visually inspecting it?
9 A. Correct.
10 Q. Dust?
11 A. Correct.
12 Q. And lift, if there's something to
13 lift?
14 A. In this case, yes.
15 Q. Okay. Now, sometimes do you dust and
16 you see prints that you know is a print but you say,
17 "That is really not suitable for lifting"?
18 A. Not in this case.
19 Q. Okay. Anything that you saw you
20 attempted to lift?
21 A. That I was unable to recover? That I
22 attempted to recover?
23 Q. Were there some?
24 A. Not that I recall. Anything that I
25 got at all, I turned it into evidence realizing the
Sandra M. Halsey, CSR, Official Court Reporter
2076

1 importance of it, or the possible importance of it.
2 Q. Then from there, you went to the
3 kitchen?
4 A. Well, I also dusted the utility room,
5 some objects, the washer/dryer in the utility room
6 itself.
7 Q. And again, you would have done the
8 same thing, walked around them and visually inspected
9 them?
10 A. Carefully walk around them, because
11 there was blood on the floor, as I recall, in there.
12 Q. Right and you were trying not to --
13 A. On the floor, I don't know. On the
14 appliances I recall some drops of blood. Maybe -- I
15 don't know about the floor.
16 Q. And you were trying not to step in
17 that blood?
18 A. I am trying to be very careful where I
19 step, period.
20 Q. Okay.
21 A. Being especially alert for blood.
22 Q. Okay. Or anything else?
23 A. That's correct.
24 Q. And then, you went around the kitchen
25 island and visually inspected it? Did you inspect both
Sandra M. Halsey, CSR, Official Court Reporter
2077

1 sides?
2 A. You mean of the center island there?
3 Q. Yes, of the center island.
4 A. I processed the whole thing.
5 Q. Down that counter?
6 A. That's correct.
7 Q. Okay. And did you process any objects
8 on the counter?
9 A. On the center island?
10 Q. No, on the -- I'm talking about the
11 right --
12 A. The sink counter?
13 Q. Yes. The sink counter. On that side
14 that has the refrigerator on it, that is generally toward
15 the garage?
16 A. Okay. I don't recall processing any
17 specific items on there. If I did, I don't remember.
18 Q. Okay.
19 A. I specifically do remember processing
20 the counter.
21 Q. The counter top itself?
22 A. The counter top.
23 Q. Okay. And then you moved to the
24 island?
25 A. In between the family room and dining
Sandra M. Halsey, CSR, Official Court Reporter
2078

1 room?
2 Q. No. I am calling that a bar.
3 A. Okay.
4 Q. And the other one, I think we have
5 been calling the island --
6 A. Oh, okay.
7 Q. -- which is free-standing in the
8 kitchen there.
9 A. I processed all of those counter
10 surfaces. I don't recall specifically which order, which
11 island or counter necessarily was first.
12 Q. Then you went around to the other
13 side? And when did you first see that glass on the
14 floor?
15 A. The broken wine glass?
16 Q. Um-hum. (Attorney nodding head
17 affirmatively)
18 A. As I was processing the kitchen for
19 latent prints.
20 Q. Had you noticed --
21 A. I might have noticed it earlier, but
22 didn't mess with it. When I came back through, I looked
23 at it. I mentioned to my sergeant, you know, and we
24 thought, yes, that should be processed.
25 Q. Now, how did process it?
Sandra M. Halsey, CSR, Official Court Reporter
2079

1 A. With powder.
2 Q. Did you pick it up?
3 A. Yes, I picked it up and put it on the
4 counter as I recall and dusted it.
5 Q. You think on the island counter?
6 A. No, I think on -- I don't recall. I
7 won't say think.
8 Q. All right. Did you then -- after you
9 processed it, did you put it back on the floor?
10 A. I don't recall.
11 Q. Okay. But you processed the stem and
12 the bowl?
13 A. The part of the bowl that wasn't
14 broken, yes, and the base.
15 Q. Okay. And you thought that that was a
16 probable place for prints?
17 A. I thought it was possible, since it
18 was broken.
19 Q. All right.
20 A. Broken there on the floor and I
21 thought it was possible.
22 Q. And from then, you went into the
23 family room?
24 A. Yes.
25 Q. And did you go all around and look at
Sandra M. Halsey, CSR, Official Court Reporter
2080

1 all of the glass tables?
2 A. I specifically remember processing the
3 two glass tables referred to earlier, the small north
4 coffee table, and the large square one in the center of
5 the room.
6 Q. Okay. The one sort of between the
7 couches or --
8 A. That's correct.
9 Q. Okay. And again, would you get down
10 close to that and walk all the way around that?
11 A. I visually inspected it.
12 Q. And you lifted two prints off of
13 the -- I guess it's the more rectangular glass table?
14 A. That's correct.
15 Q. Behind the couch?
16 A. From one single latent I got two
17 lifts.
18 Q. Okay. One print, two lifts?
19 A. Correct.
20 Q. Now, are there other techniques to try
21 to lift and identify prints other than the dusting
22 method?
23 A. Yes. There's other agents, processing
24 agents.
25 Q. Can you do those in the field or some
Sandra M. Halsey, CSR, Official Court Reporter
2081

1 of them?
2 A. You could.
3 Q. Are some of them more conducive to
4 taking it home to the lab?
5 A. By far, yes.
6 Q. Okay. So there might be some item
7 that -- well, if you saw an item like that, would you
8 typically dust it and then try to lift it, or would you
9 say, I think I am just going to save that one and take it
10 back to the lab?
11 A. It should be sent to the lab.
12 Q. Without dusting?
13 A. That's correct.
14 Q. Okay. And as I understand, none of
15 these items that you talked about you did that on?
16 A. I didn't recover any of those items to
17 turn into the lab, no.
18 Q. What are those kind of procedures that
19 can be done in the lab to identify or enhance or help
20 pick prints?
21 A. Ninhydrin.
22 Q. Pardon me?
23 A. Ninhydrin.
24 Q. Okay.
25 A. There's super glue. That is like a
Sandra M. Halsey, CSR, Official Court Reporter
2082

1 generic term. I don't recall the chemical term.
2 Q. Okay.
3 A. There's also other agents. These
4 surfaces I was working with, in my experience and
5 training, were most conducive to black powder. These
6 were smooth surfaces.
7 Q. That would be except for the glass
8 goblet?
9 A. That was a smooth surface, glass.
10 Q. But you could have picked that up and
11 taken it to the lab for more enhanced ones, couldn't you?
12 A. Could have.
13 Q. Okay. Now, you -- did you collect any
14 blood samples on the 6th or not?
15 A. I did not.
16 Q. That was the next day?
17 A. That is correct.
18 Q. Okay. You completed your print
19 processing, and did you make some photographs on the 6th,
20 or was that the next day, too?
21 A. I made some photographs on the 6th. I
22 photographed the dried, bloody latent in the family room,
23 hoping to maybe document it if the photograph didn't come
24 out well, inappropriate camera and try to document the
25 fingerprint detail. I also took some photographs on a
Sandra M. Halsey, CSR, Official Court Reporter
2083

1 separate roll of film for a lady, Kathryn Long, of the
2 sink and the kitchen.
3 Q. Now, as you would lift these prints,
4 you would put them on your little card?
5 A. Yes.
6 Q. Okay. And would you look at them?
7 A. Did I look at what I had recovered?
8 Q. Yes.
9 A. Yes.
10 Q. And you are trained enough to see
11 whether or not that was a good print or not a very good
12 print?
13 A. You mean as far as identification
14 purposes?
15 Q. Yes.
16 A. Overall quality?
17 Q. Suitable for identification.
18 A. I don't know. I can make ball park
19 guesstimations.
20 Q. Okay. Well, these that you had, they
21 are all in evidence. The ones that you had, did you make
22 the determination that those were in your judgment
23 suitable for comparison?
24 A. I didn't really make that judgment.
25 Anything I recovered that day, I was going to turn in.
Sandra M. Halsey, CSR, Official Court Reporter
2084

1 Q. You didn't really analyze any of them
2 that day to say, "I think this is a good one, or that is
3 bad one or --"
4 A. No, sir, I did not make that sort of
5 judgment.
6 Q. Okay. Have you done it since?
7 A. Made those sorts of judgments?
8 Q. Yes.
9 A. Not necessarily.
10 Q. Okay. Could you do that now and look
11 at them and see if they are comparable?
12 A. No, I could not. That is not my
13 training and specialty.
14 Q. You just don't feel qualified to do
15 that?
16 A. No, sir.
17 Q. Now, the blood samples that you took
18 on the next couple of days, do you recall that you were
19 sent back out there two more times to get blood samples?
20 A. Yes.
21 Q. The 6th and the 8th?
22 A. I believe it was the 7th and 8th.
23 Q. 7th, I'm sorry. You're right, 7th and
24 8th.
25 A. I believe that's correct.
Sandra M. Halsey, CSR, Official Court Reporter
2085

1 Q. Okay. And, who instructed you to go
2 back out there?
3 A. Sergeant Nabors.
4 Q. Did you meet Sergeant Nabors out
5 there?
6 A. Yes.
7 Q. Did he say I want a sample here, there
8 and yonder?
9 A. He specifically pointed out specific
10 areas, that's correct.
11 Q. Those are the ones noted on your
12 sketch?
13 A. Yes.
14 Q. Okay. Now, when you take a blood
15 sample like that, for instance, there is a drop of blood,
16 how do you go about that sampling process? How do you
17 take that sample?
18 A. On the 7th there was a couple of
19 methods I used because some of the areas he wanted the
20 collection from were on a hard linoleum surface, dried
21 blood on a hard linoleum. Some of the other samples he
22 wanted collected were on carpet, dried blood soaked into
23 the carpet. So there's 2 methods used by me that day --
24 Q. All right.
25 A. -- to collect those samples.
Sandra M. Halsey, CSR, Official Court Reporter
2086

1 Q. And are you -- I see the phraseology
2 blood flakes. Are you picking up little flakes of that
3 drop?
4 A. On the ones on the hard linoleum, I
5 did lift flakes that were adhered to the linoleum.
6 Q. Okay.
7 A. I flaked off some off of a dried blood
8 spot.
9 Q. What do you flake those with? What do
10 you flake them off with?
11 A. I have a sharp little knife
12 instrument.
13 Q. And do you just flake in those into
14 like a little film canister-type thing?
15 A. Not a film canister.
16 Q. What kind of canister is that?
17 A. A paper envelope with the outside of
18 the edges taped to avoid any minute, microscopic flakes
19 coming out from the corners.
20 Q. So how many of those little bitty -- I
21 guess these flakes come off pretty small?
22 A. It depends. They come off different
23 sizes.
24 Q. Okay. So you would flake some on to
25 your piece of paper?
Sandra M. Halsey, CSR, Official Court Reporter
2087

1 A. That's correct.
2 Q. And then, close up that piece of
3 paper?
4 A. It was an envelope, small envelopes.
5 Q. And then you put those in some kind of
6 container?
7 A. That's correct.
8 Q. And off the carpet, do you do
9 essentially the same process?
10 A. No, it's a little different. I use a
11 sterile gauze swatches, little small corners, sterile
12 cotton gauze, then I swab them out at 0.9 percent sodium
13 chloride solution, wipe the swabs with the solution on
14 the dried blood on the carpet to redden your swab, let
15 your cotton swab air dry, and then place it in a paper
16 envelope.
17 Q. So you are actually taking the swab
18 and putting it in the envelope?
19 A. After it air dries, correct.
20 Q. Okay.
21 A. That's got soaked up some blood
22 sample.
23 Q. So in that instance, you sort of soak
24 the blood out of it onto the swab, dry the swab and put
25 it in the envelope?
Sandra M. Halsey, CSR, Official Court Reporter

2088

1 A. That's correct.
2 Q. Okay. Now, what's the reason for
3 drying it?
4 A. Well, you prefer to have your sample
5 dry, or pretty dry before you place it in your envelope.
6 Q. And is that so it won't transfer blood
7 off of -- once it's moist, on to some other object?
8 A. Not so much as you don't want to spoil
9 your sample.
10 Q. By putting it up wet?
11 A. That is one way you can spoil it. But
12 you wouldn't necessarily spoil it as that, but you prefer
13 to put it up dry, if possible.
14 Q. Okay. And Nabors directed you to take
15 a set of samples on the 7th?
16 A. Yes.
17 Q. Do you remember how many that was?
18 A. I don't recall a specific number.
19 About seven, I think.
20 Q. Okay. And then, called you back the
21 next day and had thought of some others that he wanted to
22 do?
23 A. I don't know if he thought of some
24 others, but he instructed me to collect some others.
25 Q. But those were different places?
Sandra M. Halsey, CSR, Official Court Reporter
2089

1 A. That's correct.
2 Q. Okay. Did -- when you left on -- left
3 the house on the 6th, did you check the bottom of your
4 shoes?
5 A. I don't recall.
6 Q. You don't recall whether or not you
7 checked the bottom of your shoes to see if you had any
8 blood on your shoes?
9 A. No, sir, I don't recall.
10 Q. You didn't check them to see if you
11 had any glass on the bottom of your shoes?
12 A. I don't recall if I checked the bottom
13 of my shoes or not.
14 Q. Do you recall what kind of shoes you
15 had on?
16 A. Yes.
17 Q. What were the soles made of?
18 A. Well, they were running shoes.
19 Q. Tennis shoe type?
20 A. Running shoes, yes. Um-hum. (Witness
21 nodding head affirmatively.)
22 Q. They were not like the shoes you have
23 on now?
24 A. No, sir.
25 Q. That is a rubber sole?
Sandra M. Halsey, CSR, Official Court Reporter
2090

1 A. That's correct.
2 Q. Okay.
3
4 MR. RICHARD C. MOSTY: I think that's
5 all I have.
6
7
8
9 REDIRECT EXAMINATION
10
11 BY MR. GREG DAVIS:
12 Q. Officer Hamilton, let me ask you, at
13 any time while you were out there on Eagle Drive, did you
14 ever check any areas for possible blood?
15 A. I was directed by Sergeant Nabors to
16 check an area, yes.
17 Q. Okay. And, when did this occur? What
18 date?
19 A. I believe it was June the 6th.
20 Q. All right. And what area were you
21 directed to go to?
22 A. The wooden gate, rear gate.
23 Q. All right. What did do you there when
24 you got to that gate?
25 A. There were a couple of areas there
Sandra M. Halsey, CSR, Official Court Reporter
2091

1 that he wanted me to check, do presumptive blood testing.
2 Q. Okay. And what do we mean,
3 presumptive blood test?
4 A. The test would indicate whether the
5 substance on the fence might be blood.
6 Q. Okay. And how did you perform those
7 tests?
8 A. I don't recall the specific brand name
9 of the test, but I applied the solution to the spot on
10 the fence.
11 Q. Okay. And, do you remember what part
12 of the gate or the fence that you were testing there?
13 A. It was the outside of the gate.
14 Q. And, what was the result of the
15 presumptive blood test out there on the outside of the
16 gate?
17 A. They were negative results.
18 Q. Okay. Any other areas outside that
19 you recall Sergeant Nabors or anyone else directing you
20 to that day or any other day?
21 A. No.
22 Q. Looking at your report of June 6th,
23 that is not included in it what you did with the blood
24 tests. Any reason why you wouldn't have that in your
25 report?
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2092

1 A. I don't note every negative result
2 that I do in that sort of -- in any sort of
3 investigation.
4 Q. Whether it's not finding latents or
5 not finding blood, is that the kind of negative results
6 you're talking about?
7 A. That's correct, that some of the
8 results I would be talking about.
9 Q. Okay.
10
11 MR. GREG DAVIS: No further questions.
12 THE COURT: You may step down. Any
13 more?
14 MR. RICHARD C. MOSTY: Just a couple
15 of things.
16
17 RECROSS EXAMINATION
18
19 BY MR. RICHARD MOSTY:
20 Q. On the photos that you see of the
21 scene where you have gray, or darkish stains, is that
22 your dust?
23 A. I would have to see what you are
24 referring to specifically. I know on some of the
25 photographs you can see what appears to be the
Sandra M. Halsey, CSR, Official Court Reporter
2093

1 fingerprint powder, yes.
2 Q. Okay. Let me show you 39 and it shows
3 that the door -- well, does it show the door to the
4 utility room?
5 A. That's correct, yes.
6 Q. Does it show some staining?
7 A. Yes.
8 Q. Is that the grayish or the blackish
9 staining, is that your dusting?
10 A. I would guess so, yes.
11 Q. Okay. And how high up did you dust on
12 this door?
13 A. I don't recall specifically how high.
14 I made an effort to process that door thoroughly.
15 Q. Okay. But you don't recall whether or
16 not you did the end of that door?
17 A. I see what appears to be powder on it.
18 Do I specifically remember in my mind at this moment, no,
19 sir, I don't recall.
20 Q. Okay.
21
22 THE COURT: Are you offering that?
23 MR. RICHARD C. MOSTY: We will offer
24 39.
25 THE COURT: Any objection?
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1 MR. GREG DAVIS: No objection.
2 THE COURT: Defendant's Exhibit No. 39
3 is admitted.
4
5 (Whereupon, the item
6 heretofore mentioned
7 was received in evidence
8 as Defendant's Exhibit
9 No. 39, for all purposes
10 after which time,
11 the proceedings were
12 resumed as follows:)
13
14 MR. RICHARD C. MOSTY: That's all.
15 THE COURT: Anything else?
16
17
18 FURTHER REDIRECT EXAMINATION
19
20 BY MR. GREG DAVIS:
21 Q. I just have one question. Is black
22 powder going to be left everywhere that you process for
23 fingerprints?
24 A. Not necessarily visible.
25
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2095

1 MR. GREG DAVIS: No further questions.
2 THE COURT: You may step down, sir.
3 THE COURT: Your next witness.
4
5
6 (Whereupon, the following
7 mentioned item was
8 marked for
9 identification only
10 after which time the
11 proceedings were
12 resumed on the record
13 in open court, as
14 follows:)
15
16 MR. GREG DAVIS: Your Honor, at this
17 time, the State is going to offer State's Exhibit No. 50.
18 THE COURT: All right. Which is?
19 MR. GREG DAVIS: Those would be the
20 bank records from Bank One Texas. Those have been on
21 file more than 14 days prior to the start of this trial.
22 They're accompanied by a business record affidavit.
23 MR. RICHARD C. MOSTY: Well, this
24 might be a good time to take a recess and let us review
25 these.
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2096

1 THE COURT: All right. That will be
2 fine.
3 THE COURT: I'll give you 10 minutes.
4 Is 10 going to be enough?
5 MR. DOUGLAS MULDER: Yes, that is
6 fine.
7 THE COURT: All right. Thank you. 10
8 minute recess.
9 (Whereupon, a short
10 Recess was taken,
11 After which time,
12 The proceedings were
13 Resumed on the record,
14 In the presence and
15 Hearing of the defendant
16 But outside the presence of
17 the jury, as follows:)
18
19 THE COURT: All right. Let the record
20 reflect that those proceedings are being held outside the
21 presence of the jury and all parties to the trial are
22 present. Mr. Hagler.
23 MR. JOHN HAGLER: Your Honor, we have
24 been shown what has been marked as State's Exhibit No. 50
25 which is compilation of bank records from, apparently,
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2097

1 Bank One of Texas. There is a business records affidavit
2 which has been filed with the Court apparently with the
3 State's attempt to comply with Rule 901 and 902.
4 At the outset, I might mention, your
5 Honor, that the affidavit states that there are 118 pages
6 in this record. Apparently, these are -- and I'll go
7 through the individual exhibits, specifically, in a few
8 seconds here.
9 But, our first objection would be,
10 your Honor, that in light of the fact that there
11 apparently are sections of bank records here that are
12 incomplete and possibly misleading. A conception could
13 be given to the jury by the admission of these documents
14 and the fact that there is no statement here showing that
15 all of the bank records are here to be shown to the jury.
16 Because only partial portions have
17 been presented, again, it could be misleading as to the
18 financial condition of the defendant and the family.
19 Now, your Honor, if I could, I will
20 just go through here, and, basically, there are about
21 five or six maybe, primary sections of the bank records.
22 At this point, your Honor, I might also add that there
23 are some yellow tags on here.
24 MR. GREG DAVIS: Those are not part of
25 State's Exhibit 50. Those are my personal notes. In
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2098

1 publishing that document to the jury that will be taken
2 off before that item is actually placed into evidence for
3 the jury to view.
4 THE COURT: All right.
5 MR. JOHN HAGLER: The first group of
6 documents apparently is a note and security agreement
7 regarding a $10,000 loan in the name of Darin Routier.
8 The bank name, again, these are all Bank One Texas
9 records that -- evidently.
10 Your Honor, as far as this particular
11 note, security agreement, we would point out to the Court
12 that there are no payment records included within these
13 documents. And we would urge the Court that this
14 document alone would give -- would be misleading and
15 confusing to the jury as to the actual financial status
16 of the defendant and her spouse.
17 Now, the second document is apparently
18 a -- it's, again, it's a promissory note to Bank One, the
19 loan number is 213220000, and, according to this label
20 here that the State has added, which we understand is not
21 a part of the record itself, but indicating this is going
22 to be the spa loan.
23 And, again, in reviewing this
24 particular document it does not appear that the payment
25 records are on this particular document. And, again,
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1 this would cause confusion, and is potentially misleading
2 to the jury as to the actual financial status of the
3 defendant.
4 In addition, your Honor, there are
5 some additional documents here regarding disclosure
6 statements and regarding a loan number. And, again, I'm
7 not sure, this may have been a previous loan, number
8 213220000. And, again, these documents do not appear to
9 be complete, and, again, would create a misleading
10 impression before the jury as to the true financial
11 status of the defendant and her spouse.
12 The next document, your Honor, appears
13 to be the safety deposit agreement with the bank, and
14 various -- the agreement regarding the safety deposit
15 lease agreement.
16 As far as this particular document,
17 your Honor, at this point there has been certainly no
18 showing of any relevancy under Rule 401 as to why the
19 safety deposit box lease agreement would have any bearing
20 on the issue before the jury at this time.
21 Your Honor, the next series of
22 documents, which, I might add, constitutes the bulk of
23 these documents is going to be the records as to the
24 personal account with the bank of the defendant and her
25 spouse, account number 00131118455.
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2100

1 Your Honor, this is going to consist
2 of a large number of checks. The first series, by the
3 way, the dates are from 13 May, to 14 June of 1995.
4 These documents again, are the
5 personal account of the Routiers, and these, again, are
6 just going to be personal checks, groceries. I'll just
7 go through them and give the Court an idea of what we are
8 talking about. We're talking about, here's a check to a
9 grocery store, here's a check to the telephone company,
10 here's a check to a department store, here is an
11 insurance payment, here is one to, apparently a -- the
12 children's school, and I won't belabor the point. The
13 fact is these are simply personal checks on a day-to-day
14 status of the banking activity.
15 Now, in addition, I noticed the same
16 account goes from 15 June to 17 July. And, again,
17 chronologically, we're moving through a particular
18 account. And, again, we're moving through, here again
19 I'm going through September, October, and, again,
20 personal checks as to the personal expenditures from the
21 Routier family.
22 I noticed also, there is a particular
23 marking here, your Honor, as to the particular personal
24 account as to five overdrafts. I might add that our
25 review of these documents has failed to indicate whether
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2101

1 or not they had overdraft privileges, and whether or not
2 this would be improper, and whether or not any action was
3 taken in accordance to that.
4 This would be, we would submit, your
5 Honor, 404-B material which would be clearly inadmissible
6 and highly prejudicial if admitted before the jury.
7 And, again, we have some additional
8 overdrafts in the personal account in the time period of
9 February through March of 1996. Five overdrafts, and
10 again, this would be 404-B material, we would object to
11 it.
12 And, again, in the personal account,
13 is that I'm going through them chronologically, we're
14 moving now through March and April and then through April
15 and May. Again, there are two overdrafts, again, 404-B
16 material. Also, no showing that they did not have
17 overdraft authorization.
18 And we end up with a time sequence of
19 May through June of 1996, and, again, five more
20 overdrafts. Again, for the same reasons, this is
21 404-type problems with the fact that there is no showing
22 that they didn't have overdraft authorization. It would
23 be prejudicial and would create a misleading and false
24 impression before the jury as to their true financial
25 status.
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1 Your Honor, at this point in time,
2 those are our basic objections, but -- let me just back
3 up a second.
4 THE COURT: Sure.
5 MR. JOHN HAGLER: This affidavit, your
6 Honor, obviously, is here for the purpose of -- is a
7 self-authenticating mechanism for the State to dispense
8 with the need for an authenticating witness.
9 This affidavit, in review of that
10 affidavit, there is nothing in that affidavit that
11 indicates the time periods for which this custodian is
12 attesting that the bank records are true and accurate
13 copies and represent a proper representation of those
14 bank records. This just simply states that the attached
15 are 118 pages from Bank One Texas.
16 We don't have any time periods, the
17 custodian doesn't state that these are true and accurate
18 documents between two set time periods; or whether or not
19 they are complete and accurate within those particular
20 time periods.
21 Now, in addition, to what I have
22 already stated, your Honor, our objection at this point
23 in time, is that it gets back to the issue of relevancy.
24 And, I guess, if you really want to capsulize what we're
25 talking about here, your Honor, this is a -- they have
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1 simply gone through and lumped together a substantial
2 period of time of banking activity of the Routier family.
3 And there's been no showing as to why these records would
4 be relevant at this time as to any issue in this case.
5 You know, of course, they are making
6 the offer, and as proponents of these records, the burden
7 is on the State to show why they are relevant. And we
8 would ask for some statement from the State, if they have
9 one, as to why they are relevant.
10 THE COURT: Well, Mr. Davis, why are
11 these relevant?
12 MR. GREG DAVIS: Yes, sir, they are
13 relevant on several different points. They are very
14 relevant on motive. It's very relevant as to what this
15 defendant's financial condition was leading up to June
16 6th. And we have chosen a period of time, because we
17 feel it's important that the financial situation in June
18 be placed in some sort of perspective and not be viewed
19 in some vacuum sitting alone. And for that reason, we
20 chose, and I believe, a reasonable period of time leading
21 up to June 6th, so we can place it in perspective.
22 Also, it goes to the state of mind of
23 the defendant. As far as the loans, those are being
24 placed in -- the relevancy of those loans is to show the
25 amount of monthly payment that this defendant and her
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1 husband were required to make on those three loans; on
2 the '93 loan that had not yet expired, the boat loan and
3 on the spa loan. And those documents contained in that
4 as State's Exhibit No. 50 will show to the jury the
5 amount of the loan payments each month.
6 With regard to the individual checks
7 and to the safe deposit box records, I don't have any
8 problem, and at this time, I would agree to withdraw from
9 State's Exhibit 50 any records regarding the safety
10 deposit box, or the individual checks contained on the
11 monthly summaries, and just leave us with the monthly
12 summaries. I don't have a problem with that either.
13 THE COURT: Is that satisfactory?
14 MR. JOHN HAGLER: Well, we also have
15 the overdrafts, your Honor, you know, in addition to some
16 other matters.
17 THE COURT: In other words, it's not
18 satisfactory?
19 MR. JOHN HAGLER: No, your Honor, that
20 is not satisfactory.
21 MR. DOUGLAS MULDER: Judge, there is
22 absolutely nothing -- it may be admissible at some time
23 and they may be able to show some relevance, but at this
24 juncture of the trial, there is absolutely -- it doesn't
25 make any difference what their monthly payments are. How
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1 does that show any motive? Maybe they can establish
2 that, but until they do, this is not material.
3 THE COURT: Are those all of the
4 objections?
5 MR. JOHN HAGLER: Not quite, your
6 Honor.
7 THE COURT: Okay.
8 MR. JOHN HAGLER: Let me just back up
9 a second.
10 As I go through these documents, what
11 they are offering to the Court are the loans. There's a
12 boat loan, spa loan and apparently there was a $10,000
13 loan, but I don't see at this point and maybe upon closer
14 review, if there is no showing of any default on these
15 loans, you know, or failure to make payments. If there
16 are, then we would submit that would be improper 404-B
17 material.
18 But again, what Mr. Mulder is saying
19 is that what we have got, are simply financial records
20 that many people have had, and that aren't any different
21 than anyone else.
22 I don't see how, just the mere
23 statement by the State and the prosecutor that these are
24 relevant doesn't cut it. That they have to show more
25 than that. They have to show that this has some bearing,
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2106

1 has some, -- resolves some disputed fact in this case.
2 And all they have done is offered financial records, you
3 know, showing banking activity, and it's not -- that
4 doesn't show any motive to do anything.
5 Furthermore, it constitutes 404-B
6 materials, portions of it, and it's confusing and
7 misleading.
8 And certainly the jurors, when they
9 see this, they are not going to understand the bearing of
10 it, you know, and I would submit it would place undue
11 emphasis on these records. It would be highly
12 prejudicial to the defendant.
13 THE COURT: All right.
14 MR. DOUGLAS MULDER: Judge, we would
15 just ask you to withhold any ruling on this until they
16 show that it's remotely relevant to this offense.
17 First, they have to establish that she
18 did it. They have not connected her with the offense
19 yet, except the fact that she lived there.
20 THE COURT: Anything else? That's it?
21 All right. The Court overrules the
22 objections and will admit State's Exhibit No. 50 subject
23 to the removal of the items that Mr. Davis said he would
24 remove.
25 MR. GREG DAVIS: Yes, sir.
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1 THE COURT: If you will remove those
2 items.
3 MR. GREG DAVIS: Yes, sir. What I
4 will do then, I will not offer that at this time.
5 THE COURT: All right.
6 MR. GREG DAVIS: I will remove those
7 items, and then I will give counsel an opportunity to
8 inspect that.
9 THE COURT: Well, then, we will hold
10 the exhibit in abeyance then until such time as it's
11 offered for introduction.
12 MR. GREG DAVIS: Yes, sir. I will do
13 that. Thank you.
14 MR. JOHN HAGLER: Your Honor, we would
15 also submit that the minimal probative value is minimal
16 and the prejudicial effect vastly outweighs any probative
17 effect. And, we would ask the Court that the documents
18 be excluded, based on Rule 403.
19 THE COURT: Well, the Court will, as
20 stated will admit the document at the appropriate time if
21 those are -- those items that Mr. Davis said will be
22 removed will be removed. The Court feels that the
23 probative value far outweighs any prejudicial effect.
24
25
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1 (Whereupon, the above
2 mentioned item was
3 received in evidence
4 as State's Number 50,
5 for all purposes
6 after which time,
7 the proceedings were
8 resumed on the record,
9 as follows:)
10
11 MR. DOUGLAS MULDER: Your Honor, will
12 you require us to object in front of the jury?
13 THE COURT: I will not.
14 MR. DOUGLAS MULDER: And can you
15 assure us that you will recall our objections?
16 THE COURT: I can assure you of that.
17 I am not that far gone yet. I may be up to "z" in
18 Alzheimer's but I'm not that far gone. You will not have
19 to object to this in front of the jury.
20 But, in other words, what the ruling
21 is, when it is offered at the appropriate time, all
22 things being the same as they are now, the Court will
23 admit the document and you will not have to object before
24 the jury as being the intent of the Court to make this
25 ruling. So as to preserve any error that there may be in
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1 the ruling for the defense.
2 All right?
3 MR. DOUGLAS MULDER: Fine.
4 THE COURT: Thank you.
5 THE COURT: Okay. With that in mind,
6 do we have another witness?
7 MS. SHERRI WALLACE: We do, your
8 Honor.
9 THE COURT: All right. Well, then,
10 let's get him in or her in.
11 MS. SHERRI WALLACE: Yes, sir.
12 THE COURT: All right. Your Honor,
13 this witness has not been sworn.
14 THE COURT: Ma'am, if you will raise
15 your right hand, please?
16
17 (Whereupon, the witness
18 was duly sworn by the
19 Court, to speak the truth,
20 the whole truth and
21 nothing but the truth,
22 after which, the
23 proceedings were
24 resumed as follows:)
25
Sandra M. Halsey, CSR, Official Court Reporter
2110

1 THE COURT: Do you solemnly swear or
2 affirm that the testimony you are about to give will be
3 the truth, the whole truth, and nothing but the truth, so
4 help you God?
5 THE WITNESS: I do.
6 THE COURT: Have a seat right here.
7 THE WITNESS: Yes, sir.
8 THE COURT: All right. Bring the jury
9 in, please.
10
11 (Whereupon, the jury
12 Was returned to the
13 Courtroom, and the
14 Proceedings were
15 Resumed on the record,
16 In open court, in the
17 Presence and hearing
18 Of the defendant,
19 As follows:)
20
21 THE COURT: Okay. Speak right into
22 this thing here real loudly. Have you ever testified
23 before?
24 THE WITNESS: No.
25 THE COURT: Okay. You are going to
Sandra M. Halsey, CSR, Official Court Reporter
2111

1 hear your voice echo, so don't be alarmed. Just speak
2 out loud so everybody can hear you. Okay?
3 THE WITNESS: Yes.
4 THE COURT: All right. Just speak
5 into that mike right there.
6
7
8
9 Whereupon,
10
11 OKIE WILLIAMS,
12
13 was called as a witness, for the State of Texas, having
14 been first duly sworn by the Court to speak the truth,
15 the whole truth, and nothing but the truth, testified in
16 open court, as follows:
17 THE COURT: All right. Ladies and
18 gentlemen, this witness has been sworn outside of your
19 presence.
20 All right. Mr. Davis.
21 MR. GREG DAVIS: It will be Ms.
22 Wallace, your Honor.
23 THE COURT: Oh, Ms. Wallace. Excuse
24 me. I'm sorry.
25
Sandra M. Halsey, CSR, Official Court Reporter
2112

1 DIRECT EXAMINATION
2
3 BY MS. SHERRI WALLACE:
4 Q. Tell us your name, please.
5 A. My name is Okie Williams.
6 Q. How do you spell your first name?
7 A. O-k-i-e.
8 Q. Are you married?
9 A. Yes.
10 Q. Do you have any kids?
11 A. I have two children.
12 Q. Where do you work, Mrs. Williams?
13 A. I work at Bank One in Rowlett.
14 Q. How long have you worked at the Bank
15 One in Rowlett?
16 A. About seven and a half years.
17 Q. Okay. What job do you have now?
18 A. I work as a personal banker.
19 Q. Okay. Before --
20
21 THE COURT: Can everybody hear this
22 witness? All right.
23 MS. SHERRI WALLACE: Ms. Williams,
24 have you ever testified before?
25 THE WITNESS: No.
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1 BY MS. SHERRI WALLACE:
2 Q. Before you started working as a
3 personal banker in Rowlett at Bank One, what did you do
4 there at the bank?
5 A. I worked as a teller about five and a
6 half years and as a customer service rep about a year.
7 Q. When were you promoted to personal
8 banker?
9 A. January 1st of 1996.
10 Q. Let me ask you, Mrs. Williams, did you
11 have a customer who you knew to be Darin Routier?
12 A. Yes.
13 Q. Okay. How did you know him?
14 A. As a customer.
15 Q. Just know him there through the bank?
16 A. Yes.
17 Q. How long have you known Mr. Routier?
18 A. Quite a while. I remember when I
19 worked as a teller, I knew him.
20
21 MS. SHERRI WALLACE: May I approach
22 the witness, your Honor?
23 THE COURT: You may.
24
25
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2114

1 BY MS. SHERRI WALLACE:
2 Q. Mrs. Williams, let me show you what
3 has been admitted into evidence as State's Exhibit 54.
4 Do you recognize that?
5 A. Yes.
6 Q. Who is that a picture of?
7 A. Darin Routier.
8 Q. Okay. On -- directing your attention
9 back to June 1st of 1996. Were you working at Bank One
10 in Rowlett then?
11 A. Yes.
12 Q. Do you remember what day of the week
13 that was, June the 1st?
14 A. I believe that was Saturday.
15 Q. I'm sorry?
16 A. Saturday.
17 Q. Okay. Are you-all open on Saturday
18 there at the bank?
19 A. Yes, from 9 to 1.
20 Q. Okay. Did Mr. Routier come in the
21 bank that day?
22 A. No.
23 Q. Okay. Did you talk to him about a
24 loan application on that day?
25 A. Yes.
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2115

1 Q. Okay. Where did you do that?
2 A. Pardon?
3 Q. Where did you-all discuss the loan
4 application on this, of June the 1st?
5 A. Bank One in Rowlett.
6 Q. Okay.
7
8 MR. JOHN HAGLER: Your Honor.
9 THE COURT: You are going to have to
10 speak up, ma'am. People cannot hear you.
11 MR. DOUGLAS MULDER: Judge, apparently
12 this is a loan or some sort of commercial transaction
13 between the husband and this bank?
14 THE COURT: Are we going to get
15 relevant on this? What are we doing?
16 MS. SHERRI WALLACE: Yes, your Honor.
17 Since this is a community property state, then this will
18 go to show the defendant's state of mind just days before
19 the offense.
20 MR. DOUGLAS MULDER: Judge, that is
21 kind of stretching things just a little bit. They are
22 going to go into some, I take it, some transaction that
23 the husband was attempting with this bank; is that right?
24 MS. SHERRI WALLACE: Judge, the
25 records will also show --
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1 THE COURT: Just a minute. All right.
2 Just a minute. Can the jury step outside, please?
3 THE COURT: All right.
4
5 (Whereupon, the jury
6 Was excused from the
7 Courtroom, and the
8 Proceedings were held
9 In the presence of the
10 Defendant, with his
11 Attorney, but outside
12 The presence of jury
13 As follows:)
14
15 THE COURT: Let the record reflect
16 that these proceedings are being held outside the
17 presence of the jury. All parties at trial are present.
18 Now, let's get right to the point.
19 MS. SHERRI WALLACE: Your Honor, the
20 defense counsel saw a copy of this loan at the same time
21 they were given State's Exhibit 50.
22 THE COURT: All right.
23 MS. SHERRI WALLACE: This loan is a
24 loan for a vacation that the husband of the defendant
25 attempted to get days before the offense and was turned
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2117

1 down.
2 MR. DOUGLAS MULDER: Well, big deal.
3 THE COURT: All right. Thank you.
4 Then that is what the testimony is going to be?
5 MS. SHERRI WALLACE: It will.
6 THE COURT: All right. Any questions?
7 MR. DOUGLAS MULDER: Well, any
8 questions of her?
9 THE COURT: Yes, I mean, any
10 objections to make?
11 MR. JOHN HAGLER: Yes, your Honor, our
12 objection, your Honor, is that it's not relevant under
13 Rule 401 and it would be confusing and misleading to the
14 jury. Furthermore, it applies to the defendant's husband
15 and not herself.
16 THE COURT: All right. Overruled. I
17 will let the testimony in. You can have a running
18 objection to it.
19 MR. JOHN HAGLER: Okay. Including a
20 403 ruling, too, your Honor?
21 THE COURT: Yes. I think the
22 probative value outweighs any prejudicial effect. And I
23 want you to stay on that point, Ms. Wallace.
24 MS. SHERRI WALLACE: I intend to, your
25 Honor.
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1 MR. DOUGLAS MULDER: Judge, this was
2 so quick, I may have missed the probative value. Could
3 you tell me what the probative value is?
4 THE COURT: I think it's going to be
5 more probative value than it is going to be prejudicial
6 to your client. You are going to have a running
7 objection to this testimony.
8 MR. DOUGLAS MULDER: Well, I still
9 didn't understand what the probative value was.
10 THE COURT: Well, the probative value
11 was stated by Ms. Wallace out there. So we are going to
12 go forward right now.
13 You can have a running objection.
14 Let's bring the jury back in.
15
16 (Whereupon, the jury
17 Was returned to the
18 Courtroom, and the
19 Proceedings were
20 Resumed on the record,
21 In open court, in the
22 Presence and hearing
23 Of the defendant,
24 As follows:).
25
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2119

1 THE COURT: All right. Let the record
2 reflect that all parties in the trial are present and the
3 jury is seated. Continue.
4
5 BY MS. SHERRI WALLACE:
6 Q. Let's see, Miss Williams, where were
7 we?
8 On June the 1st, I think you said it
9 was a Saturday and your bank is open that day. Did Darin
10 Routier come to the bank to fill out a loan application
11 on Saturday, June the 1st of 1996?
12 A. Yes.
13 Q. Okay. Who did he speak with?
14 A. Myself.
15 Q. Okay. Did you fill out the loan
16 application?
17 A. I wrote it down as he was giving me
18 the information.
19 Q. Tell the members, if you would --
20 members of the jury, if you would, if I came in, or if
21 Mr. Routier came in and got a loan application, what
22 happens then?
23 A. We fax it to our data entry and they
24 will input all of the information in the system. And
25 then, our -- one of our underwriters will determine
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1 whether they are going to approve the loan or not.
2 Q. So do you make the decision about the
3 loan right there at the bank, or does someone else do it?
4 A. Someone else. Um-hum. (Witness
5 nodding head affirmatively). Our central underwriting
6 does it.
7 Q. Okay. So after you prepared the
8 application with Mr. Routier, in this case, what did you
9 do?
10 A. The loan was turned down. So, I left
11 a message for him to give me a call. And, I think I
12 called him -- I don't know when, exactly. But Monday I
13 talked to him and we tried to resubmit with collateral.
14 Q. And, did you try -- you did resubmit
15 the loan there on Monday?
16 A. Yeah.
17 Q. To go back to the central underwriter
18 people?
19 A. Yes, the same underwriters.
20 Q. What happened on Monday the 3rd?
21 A. We couldn't use the -- we couldn't --
22 they denied the loan, because --
23 Q. I'm sorry. They did or did not deny
24 the loan?
25 A. They denied the loan.
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1 Q. Okay. And that was on Monday the 3rd
2 for the second time?
3 A. Yes.
4 Q. What was the amount of that loan?
5 A. It was $5,000 even.
6
7 MS. SHERRI WALLACE: May I approach
8 the witness?
9 THE COURT: You may.
10
11 (Whereupon, the following
12 mentioned item was
13 marked for
14 identification only
15 after which time the
16 proceedings were
17 resumed on the record
18 in open court, as
19 follows:)
20
21 BY MS. SHERRI WALLACE:
22 Q. Miss Williams, let me show you what's
23 been marked for identification as State's Exhibit No. 51.
24 And ask you if you recognize that?
25 A. Yes.
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1 Q. What is it?
2 A. It's a loan application along with the
3 worksheet, whether it's been approved or not.
4 Q. Are these, is State's Exhibit 51 the
5 record for Darin Routier's loan, or attempted loan in
6 June of '96?
7 A. Yes.
8 Q. Okay. And, do you -- you, as an
9 employee of the bank, are these records kept in the
10 normal course of business?
11 A. Yes.
12 Q. Okay. Are they kept on a day-to-day,
13 week-to-week, and month-to-month basis?
14 A. Yes.
15 Q. Okay. And, do you have care, custody
16 and control of these documents?
17 A. Yes.
18
19 MS. WALLACE: We will offer State's
20 Exhibit No. 51 into evidence, and tender a copy to the
21 defense counsel, they have one but here is the original.
22 MR. MULDER: We just have a copy of
23 it. It's not real clear.
24 MR. RICHARD C. MOSTY: I understand,
25 the Court has already ruled on this?
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1 THE COURT: Yes, we already have.
2 Thank you.
3 MR. DOUGLAS MULDER: Judge, we have
4 already voiced our objection.
5 THE COURT: All right. Thank you.
6 State's Exhibit No. 51 is admitted.
7
8 (Whereupon, the item
9 Heretofore mentioned
10 Was received in evidence
11 As State's Exhibit No. 51
12 For all purposes,
13 After which time, the
14 Proceedings were resumed
15 As follows:)
16
17 BY MS. SHERRI WALLACE:
18 Q. Miss Williams, using this document to
19 refresh your recollection, you can take it. What's the
20 reason for the $5,000 loan?
21 A. When he first came in, he mentioned
22 that --
23
24 MR. JOHN HAGLER: Excuse me. I would
25 object to any hearsay statements by Darin Routier.
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1 THE COURT: All right. Let's rephrase
2 the question. Let's phrase our questions properly,
3 please.
4
5 BY MS. SHERRI WALLACE:
6 Q. You can't get into what he said. Just
7 what did you put down as the reason for the $5,000 loan
8 on the application?
9 A. Vacation.
10 Q. Okay. And, do you remember about what
11 time he came in, Miss Williams, that day?
12 A. It was before noon.
13 Q. Okay.
14 A. Yeah. Before noon.
15 Q. Okay. On the second sheet of State's
16 Exhibit No. 1 (sic), do you have indicated on there what
17 time that loan was turned down that day?
18 A. It looks like about 11:47, but I'm not
19 quite certain exactly what time.
20 Q. Did Mr. Routier wait in the bank to
21 see if he got the loan or not?
22 A. No. He left after he signed the loan
23 application.
24 Q. Did you speak to him that day, that
25 Saturday?
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1 A. No.
2 Q. What did you do after you received
3 that fax that he was turned down?
4 A. I'm not quite certain if I left a
5 message on Saturday or Monday. I'm not quite certain
6 about that.
7 Q. But did you talk to him on Monday?
8 A. Yes.
9 Q. Okay. What did you tell him at that
10 point?
11 A. I told him I was sorry but the loan
12 was turned down.
13 Q. Miss Williams, you cannot get into
14 what he said, but what was his tone with you?
15
16 MR. RICHARD C. MOSTY: That is
17 speculation, your Honor.
18 THE COURT: I'll sustain the
19 objection.
20 THE WITNESS: His voice.
21 THE COURT: Just a minute, ma'am. The
22 way we do it down here, when I sustain an objection, you
23 have to wait for the next question.
24 THE WITNESS: Oh, I'm sorry.
25 THE COURT: Don't worry about a thing.
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1 Now, they will ask you another question, and then they
2 are going to ask you some questions.
3 THE WITNESS: Okay.
4 THE COURT: All right. Go ahead.
5
6 BY MS. SHERRI WALLACE:
7 Q. Miss Williams, was he happy about
8 being turned down?
9
10 MR. RICHARD C. MOSTY: Speculation.
11 THE COURT: I'll sustain the
12 objection.
13 MS. SHERRI WALLACE: Your Honor, she
14 talked --
15 MR. RICHARD C. MOSTY: Your Honor, are
16 we going to argue this out in front of the Court?
17 THE COURT: We're not going to argue
18 it. We are just going to -- just ask the next question.
19
20 BY MS. SHERRI WALLACE:
21 Q. Miss Williams, did you tell him the
22 reason he was turned down?
23 A. Yes.
24 Q. Okay. And, were those -- is that
25 contained on State's Exhibit No. 51?
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1 A. Yes.
2 Q. Okay.
3
4 (Whereupon, the following
5 mentioned item was
6 marked for
7 identification only
8 after which time the
9 proceedings were
10 resumed on the record
11 in open court, as
12 follows:)
13
14 BY MS. SHERRI WALLACE:
15 Q. Let me show you what's been marked for
16 identification as State's Exhibit No. 51-A. Is this a
17 code from your bank of those reasons?
18 A. Yes.
19 Q. Okay. If you could look at State's
20 Exhibit 51-A to refresh your recollection. Tell the
21 members of the jury the reason Mr. Routier was turned
22 down for his loan.
23
24 MR. RICHARD C. MOSTY: Your Honor,
25 before we start referring to documents, we need to see
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1 the document.
2 THE COURT: All right. If you could
3 show that to the defense, please.
4 MS. SHERRI WALLACE: Yes, sir.
5 MR. RICHARD C. MOSTY: Thank you.
6 MS. SHERRI WALLACE: May I proceed,
7 your Honor?
8 THE COURT: You may.
9
10 BY MS. SHERRI WALLACE:
11 Q. Miss Williams, referring to 51-A,
12 could you tell the jury why Mr. Routier was turned down
13 for this $5,000 loan?
14 A. All four of them?
15 Q. Please.
16 A. Okay. Excessive obligation in
17 relation to income; an excessive amount owed on revolving
18 accounts; and too many new accounts; and delinquent, past
19 or present credit obligations with others.
20 Q. Miss Routier (sic), after you gave him
21 that information -- excuse me.
22 Miss Williams, after you gave Mr.
23 Routier that information, you said that he wanted to try
24 additional collateral and resubmit the loan; is that
25 correct?
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1 A. Yes.
2 Q. From his request, did you resubmit the
3 loan with the underwriters?
4 A. Yes.
5 Q. And, what happened that time?
6 A. It was turned down and they -- oh.
7 Q. What were you going to say, Miss
8 Williams?
9 A. The only way that they will approve
10 the loan was if it was CD secured.
11 Q. Okay. And he didn't have that CD or
12 money available? Or he didn't offer that to you, did he?
13 A. No.
14 Q. Okay. When did you give him this
15 information about it being turned down for the second
16 time?
17 A. I'm not quite certain, but it could
18 have been Monday or Tuesday.
19 Q. Tuesday being June the 4th of 1996?
20 A. Yes. Um-hum. (Witness nodding head
21 affirmatively).
22 Q. Okay.
23
24 MS. SHERRI WALLACE: We will pass the
25 witness.
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1 THE COURT: Mr. Mulder.
2
3 CROSS EXAMINATION
4
5 BY MR. DOUGLAS MULDER:
6 Q. Miss Williams, you have some code up
7 there or something?
8 A. Yes, sir.
9 Q. Okay. That you are referring to?
10 A. Yes.
11 Q. And this is a -- I guess you can just
12 put the number on someone's loan application so you don't
13 have to put out the whole reason. Is that the way it
14 works?
15 A. The underwriters will put the code in,
16 to let us know why they are denying the loan.
17 Q. Okay. When you say "underwriters"
18 this isn't a Texas -- Bank One is -- in fact, none of the
19 banks up in Dallas are Texas owned, are they?
20 A. Pardon?
21 Q. North Carolina and we've got, I think
22 Bank One is up in Ohio, isn't it? Folks up in Ohio own
23 Bank One?
24 A. Yes, sir.
25 Q. Okay. And this looks to me like this
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1 is a codified deal where you have got 40 reasons that you
2 turn down loans, but you are able to -- is this it? Am I
3 reading that right?
4 A. Yes, sir.
5 Q. Insufficient real estate equity,
6 customer withdrew application, excessive credit bureau
7 inquiries, but they are listed, all the reasons that you
8 turn down loans are listed from 1 to 40, are they not?
9 A. Yes, sir.
10 Q. Okay. And, I guess, you-all finally
11 decided that if you wanted to loan him $5,000 for a
12 vacation, he would have to put up a certificate of
13 deposit; is that right?
14 A. No, sir, not necessarily. If they
15 have a good credit history. I do not approve the loan,
16 but normally if they have a good credit history, they
17 will determine whether they are going to approve the loan
18 or not.
19 We don't have control over that.
20 Q. Well, I know you obviously recommended
21 it, or you wouldn't have sent it on; is that right?
22 A. I don't recommend anything.
23 Q. Okay.
24 A. If the customer comes in, we cannot
25 deny any customers. If that is what they want to do, we
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1 have to do it.
2 Q. If they fill out an application, you
3 have got to send it on?
4 A. Exactly.
5 Q. Okay. And you send it up to the
6 people up in Ohio?
7 A. No, sir.
8 Q. Okay.
9 A. They have a centralized location in
10 the Dallas area. I don't know exactly where.
11 Q. Okay.
12 A. But we fax it to the certain fax
13 number, which is data entry.
14 Q. So you don't where the people are that
15 are making the comments?
16 A. In Dallas.
17 Q. All right. Okay. You fax it over to
18 them, the application?
19 A. Yes, sir.
20 Q. And they fax you back an answer?
21 A. No, they don't. They input the
22 information as it is written on the loan application, and
23 then one of our central underwriters, they will review
24 them. And then they will let us know whether it's been
25 approved or not, and they will fax us the worksheet.
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1 Q. Okay. So they faxed you back a
2 worksheet and showed you that this was not -- had not
3 been approved?
4 A. Denied.
5 Q. Denied? Okay. And suggested that if
6 he wanted a loan, he would have to put up some CD's.
7 Isn't that what it says?
8 A. No. Normally, we tell the customer
9 that it's denied. At that time, they will try to get a
10 loan using their collateral as a -- I mean, using their
11 vehicle or whatever as a collateral. But, in this case,
12 they denied the loan.
13 Q. Okay. On the copy I have got, it
14 says: "Attention: Okie. Customer does not qualify for
15 loan at Bank One unless it is CD secured."
16 A. That is the second time. When I
17 resubmitted it at that time, that same underwriter said,
18 "Okie, this is the only way we can approve the loan."
19 Q. He would have to put up a $5,000 CD,
20 and in effect, borrow his own money back from you-all.
21 Is that the way it works?
22 A. Well, that depends on his credit
23 history, yes.
24 Q. Okay. But in this case, what you
25 wanted him to do was put up a $5,000 CD, and then borrow
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2134

1 that money back from you-all?
2 A. Yeah.
3 Q. Okay. That is -- what -- if he did
4 that, what would you charge him? Probably 5 or 6 percent
5 interest?
6
7 MS. SHERRI WALLACE: I will object to
8 relevance.
9 THE COURT: Overruled.
10
11 BY MR. DOUGLAS MULDER:
12 Q. What would you charge him on a little
13 old --
14 A. If it's a $5,000 it would be 10
15 percent, at the time it was 10 percent -- I'm not quite
16 sure, but I think it was 10 percent.
17 Q. What does that mean? (Pointing to
18 exhibit).
19 A. Oh, that doesn't mean a thing.
20 Q. 16 percent doesn't mean anything?
21 A. No, sir. This is a denied loan, so
22 always there is 16 percent, but when the loan is
23 approved, using $5,000 CD as a collateral, then the loan
24 rate will be changed to 10 percent at that time, if I am
25 not mistaken.
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1 Q. Okay. So if he -- what you were
2 telling -- what the folks from Ohio, what their policy
3 is --
4 A. Not Ohio.
5 Q. Well, that's where it's owned, isn't
6 it?
7 A. I understand that, but I'm dealing
8 with Dallas, so --
9 Q. I understand.
10 A. So, we'll leave them out.
11 Q. But, they answer to the folks up in
12 Ohio, don't they?
13 A. In my understanding, I think, directly
14 in the Dallas area.
15 Q. All right. But at any rate, the
16 chairman of the board, or whoever is running Bank One,
17 his policy was, that in this case, if he wanted to borrow
18 five thousand, he could bring in a $5,000 certificate of
19 deposit, and the bank would loan him that five thousand,
20 and they would reduce the rate from 16 percent down to 10
21 percent; is that right?
22 A. Because it's secured.
23 Q. Well, yes.
24 A. If it's unsecured, the rate will be a
25 little bit higher. That is just common sense.
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1 Q. Well, no, I understand that. So that
2 is kind of a can't lose. That's the kind of a deal that
3 we all like, isn't it? Except the guy who is borrowing
4 it.
5 A. If they have a past credit history,
6 there is no reason to put up a CD as a collateral.
7 Q. Okay. Thank you.
8 A. But if it's necessary then, they want
9 some kind of collateral.
10 Q. What were you paying on your CDs, just
11 out of curiosity, back then, was it less than 3 percent?
12
13 MS. SHERRI WALLACE: I'll object to
14 relevance.
15 THE COURT: Overruled. If she knows,
16 I'll let her answer.
17 THE WITNESS: Well, at the time, it
18 depends on the terms. It depends on the terms. It's
19 different.
20
21 BY MR. DOUGLAS MULDER:
22 Q. Okay.
23 A. So I don't know what kind of term that
24 you want to know.
25 Q. Say a 12 month CD.
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1 A. One year CD? Okay. About, I'm not
2 quite certain, but I'm just guessing, about 4.500, 4.7.
3 If it was a promotion, it would have been higher, about 5
4 percent.
5 Q. Okay. So you-all make 5 percent on a
6 deal like that without any risks, right?
7 A. I don't make any.
8 Q. No, I understand.
9 MR. DOUGLAS MULDER: That's all we
10 have got. Thank you.
11 THE COURT: All right. Any further
12 questions?
13 MR. DOUGLAS MULDER: One last thing.
14
15 BY MR. DOUGLAS MULDER:
16 Q. You never talked to Darlie, did you?
17 A. Well --
18 Q. About this particular transaction?
19 A. No, sir.
20 Q. You don't even know that she knew
21 anything about it, do you?
22 A. I only saw Darin and I have not seen
23 Darlie at that time.
24 Q. Okay.
25
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1 MR. DOUGLAS MULDER: Thanks. That's
2 all.
3 MS. SHERRI WALLACE: Nothing further.
4 THE COURT: All right. Ma'am, you are
5 under what is called the Rule of Evidence. What that
6 means is, when you are not testifying, you have to stay
7 outside of the courtroom. Don't talk about your
8 testimony with anybody who has testified. In other
9 words, don't compare it.
10 You may talk to the attorneys for
11 either side. If someone tries to talk to you about your
12 testimony, tell the attorney for the side who called you.
13 You will be free to return to Dallas
14 now, and subject to recall. Thank you for coming.
15 THE WITNESS: Thank you.
16 THE COURT: You bet. Now, watch your
17 step getting down there. There is a big step down.
18 Thank you.
19 Your next witness.
20 MR. GREG DAVIS: The State calls James
21 Cron.
22 THE COURT: James Cron. If you will
23 raise your right hand, please, sir.
24 THE WITNESS: Yes, sir.
25
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1 (Whereupon, the witness
2 Was duly sworn by the
3 Court, to speak the truth,
4 The whole truth and
5 Nothing but the truth,
6 After which, the
7 Proceedings were
8 Resumed as follows:)
9
10 THE COURT: Do you solemnly swear or
11 affirm that the testimony you are about to give will be
12 the truth, the whole truth and nothing but the truth, so
13 help you God?
14 THE WITNESS: I do.
15 THE COURT: Have a seat right here.
16 You have testified many times before, is that not so?
17 THE WITNESS: Yes.
18 THE COURT: You understand the Rule of
19 Evidence regarding witnesses?
20 THE WITNESS: I do.
21 THE COURT: All right. You are under
22 it now. Thank you. Be seated please.
23 All right. Mr. Davis.
24 MR. GREG DAVIS: Thank you, Judge.
25
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1 Whereupon,
2
3 JAMES CRON,
4
5 Was called as a witness, for the State of Texas, having
6 been first duly sworn by the Court to speak the truth,
7 the whole truth, and nothing but the truth, testified in
8 open court, as follows:
9
10 DIRECT EXAMINATION
11
12 BY MR. GREG DAVIS:
13 Q. Sir, would you please tell us your
14 full name.
15 A. James Cron.
16 Q. Spell your last name.
17 A. C-r-o-n.
18 Q. Mr. Cron, you live in Dallas County?
19 A. Yes.
20 Q. Okay. How are you employed at this
21 time?
22 A. I'm a consultant in the field of crime
23 scene search, fingerprints and physical evidence.
24 Q. All right. Recently, within the last
25 few years, have you been retired from the Dallas
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1 Sheriff's Department?
2 A. Yes.
3 Q. Okay. And how long were you with the
4 Dallas Sheriff's Department?
5 A. 29 years.
6 Q. Okay. And before the Dallas Sheriff's
7 Department, were you employed in law enforcement?
8 A. Yes.
9 Q. And, where were you employed?
10 A. As a civilian employee with the Dallas
11 Police Department.
12 Q. All right. Let's start with the
13 Dallas Police Department first. What were your duties
14 while you were with the Dallas Police Department?
15 A. Well, in 1958, I joined the Dallas
16 Police Department as a civilian employee in the crime
17 scene search section. And my duties involved clerical
18 work, and assisting in processing evidence. And I
19 learned, at that time, some of the officers taught me
20 crime scene investigation and photography.
21 Q. All right. How long were you with the
22 Dallas Police Department?
23 A. Six years.
24 Q. Okay. So when did you start with the
25 Sheriff's Department in Dallas?
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1 A. 1964.
2 Q. Okay. What were your duties with the
3 Dallas Sheriff's Department?
4 A. In 1964, when I joined the Dallas
5 Sheriff's Department, it was as a deputy sheriff assigned
6 to the identification bureau. My duties involved the
7 keeper of the fingerprint files, and the crime scene
8 search investigations.
9 Q. Okay. You were talking about the
10 identification bureau, do they deal with fingerprints?
11 A. Yes.
12 Q. Okay. For instance, would they deal
13 with inmates' fingerprints, of people in the Dallas
14 County jail, for instance?
15 A. Yes.
16 Q. You also mentioned that you were with
17 the crime scene department there at the Sheriff's
18 department, what were your duties with that section?
19 A. Well, in the identification bureau,
20 part of the duties involved not only keeper of the
21 fingerprint records of the inmates, but it was crime
22 scene investigation.
23 In 1972, I was promoted to sergeant
24 and told to create a separate section that devoted all of
25 it's time to crime scene search activity, and that was
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1 the physical evidence section. I remained commander of
2 it for 21 years. During that time, I was promoted to
3 lieutenant. But I was commander of the physical evidence
4 section for 21 years. And I retired in '93 as a
5 lieutenant of that section.
6 Q. Okay. In 1993, were you still the
7 commander of the physical evidence section at that time?
8 A. Yes. I was its only commander from
9 the time it was formed in 1972 until the time I retired.
10 Q. Okay. The total number of years now
11 that you have been in law enforcement, doing crime scene
12 work, and dealing with fingerprints, et cetera, how many
13 years?
14 A. 39 years. Counting my consulting time
15 which I devote to crime scene search matters.
16 Q. Are you a member at this present time
17 of any professional associations or societies?
18 A. Yes.
19 Q. What associations or societies are you
20 presently a member of?
21 A. I assume you're talking about those
22 that deal with the crime scene search matters?
23 Q. Yes, sir.
24 A. International Association for
25 Identification, and the Texas Division of the
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1 International Association for Identification.
2 Q. What is the Society for
3 Identification? What is that?
4 A. It's an international society of
5 people in the profession of physical -- in dealing with
6 physical evidence, and forensic sciences, any aspect of
7 crime scene investigation.
8 Q. Okay. In the past, have you been a
9 member of any other societies or associations dealing
10 with that area?
11 A. Yes.
12 Q. Could you just name a few of those for
13 us, please?
14 A. International Association for
15 Bloodstain Analysts, the Homicide Investigator,
16 Association of Homicide Investigators of Texas, that's
17 two of them.
18 Q. Okay. Can you give us a brief
19 overview of the training, either through universities or
20 the like or other police agencies that you have received
21 in crime scene reconstruction, fingerprints, the area
22 that you are now a consultant in?
23 A. Yes. In addition to my 39 years
24 beginning in '58 at the Police Department in Dallas and
25 the Sheriff's Department in the consulting business, I
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1 have attended numerous schools, dealing with physical
2 evidence and latent print subjects.
3 Some of them being at the FBI Academy
4 in Quantico, Virginia, Burlington County College in New
5 Jersey, Toronto, Canada Police Department, regional
6 police academies and sheriff's departments academies in
7 the State of Texas, Council of Government in Arlington,
8 Texas, which is a North Central Texas area training
9 academy.
10 I have attended courses put on by the
11 Northwestern University out of Illinois, the National Law
12 Enforcement Institute. And, well, that is the primary
13 courses.
14 And I did mention, I believe, that
15 these courses involved crime scene search procedures,
16 latent print development and comparison, photography and
17 matching of physical evidence.
18 I now teach in the subject of crime
19 scene search, latent print development and comparison,
20 and crime scene search procedures in general.
21 Some of the places I have taught or
22 still teach at are SMU, Texas A & M, Dallas Baptist
23 University, Texas Women's University in Denton, Dallas
24 County Community College District, local sheriff's
25 departments, in the Dallas, I mean in Texas, and police
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2146

1 departments. I have taught at Tacoma, Washington,
2 Denver, Colorado Police Department, and, just -- Navarro
3 County Junior College in those areas.
4 I have had material written, or
5 published that I have written on the subject of evidence,
6 photography, laser usage in law enforcement, and ethics
7 of law enforcement consultants.
8 These have been published in technical
9 journals, some of them being the Fingerprint
10 Identification magazine, the Journal for Forensic
11 Identification.
12 I have received, approximately, 150
13 awards and commendations through my career. And when I
14 retired I received the Governor's Law Enforcement
15 Achievement Award for excellence in my field of law
16 enforcement.
17 I am now chairman of -- well, not
18 chairman, I am a member of the Committee for Crime Scene
19 Certification in Texas. I have been Chairman of the
20 Latent Prints Certification Committee. I was on that
21 committee for three years in Texas.
22 Q. Okay. You talked about your
23 certification in crime scene search, and also in latent
24 fingerprint identification. Are there certain
25 certificates that you now hold in your specialties?
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1 A. Yes.
2 Q. Okay. What certificates do you
3 presently hold?
4 A. I am a certified latent print examiner
5 and a certified senior crime scene analyst.
6 Q. Okay. With regards to the latent
7 fingerprint identification, what sort of requirements do
8 you have to meet to become certified, as you are?
9 A. On latent prints?
10 Q. Yes, sir.
11 A. On the latent print when there is --
12 it's a several part test, some of it is involving
13 comparing unknown prints with known prints. There's very
14 little margin for error. They have changed the test
15 somewhat now. I believe you can miss two out of ten,
16 there is a written test, an oral exam, and a mock trial.
17 And a background check, too, of the committee to see if
18 the people are qualified, and their other schooling fits
19 our criteria.
20 Q. What other certifications do you hold?
21 A. The senior crime scene analyst.
22 Q. Okay. Is there any level higher than
23 a senior crime scene analyst in that particular field?
24 A. No. Not from the International
25 Association of Identification which issues the
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1 certification?
2 Q. Mr. Cron, in your 39 years, have you
3 had occasion to go out and investigate crime scenes and
4 process crime scenes?
5 A. Yes.
6 Q. This may be a hard question. You got
7 any ball park figure of the number of crime scenes that
8 you have gone out to in 39 years?
9 A. Yes. I was asked that in another case
10 and I have some -- and had done some research on that.
11 And counting civil cases and crime scene cases, all cases
12 I have been involved in the last 38 years, 39 years, is
13 approximately 21,000.
14 Q. Okay. And of the 21,000 crime scenes,
15 do you know about how many of those would deal with death
16 cases?
17 A. With deaths, it was approximately
18 4,300.
19 Q. Okay. And included in those death
20 cases, would there be homicides?
21 A. Yes, all deaths, homicides are some of
22 them.
23 Q. Okay. Just a couple of things.
24 Before we came down here to Kerrville, did you and I --
25 had we had occasion to talk about this case before?
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1 A. Yes.
2 Q. Both in person and over the telephone,
3 we have talked, haven't we?
4 A. Yes.
5 Q. Have I met you at my office on some
6 occasions?
7 A. Yes.
8 Q. Have we ever met together out at 5801
9 Eagle Drive?
10 A. Once.
11 Q. Okay. Since we have been down here in
12 Kerrville, have we talked about your testimony and about
13 the case?
14 A. Yes.
15 Q. Okay. By the way, are you being paid
16 to testify in this case, Mr. Cron?
17 A. No.
18 Q. How long have you had to be down here
19 in Kerrville?
20 A. I came down last Tuesday, flew back
21 Friday night, came back Sunday, so, going on two weeks.
22 Q. All right. Well, let me, if I can,
23 let's go here to June the 6th of 1996. Let me ask you
24 whether sometime early in the morning on June 6th, 1996,
25 if you received a call from the dispatcher for the
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1 Rowlett Police Department?
2 A. I did.
3 Q. Okay. And do you remember about what
4 time it was that you were called?
5 A. Yes, around 5:00 A.M.
6 Q. Okay. And how far away from Rowlett
7 do you live?
8 A. I never did -- it's about a 15 minute
9 drive.
10 Q. You live in, generally, the same area,
11 the northeastern part of Dallas County, right?
12 A. Yes.
13 Q. Okay. What information were you given
14 when you were called by the dispatcher? What did you
15 understand that she wanted you to do?
16 A. The dispatcher didn't relay much
17 information, just said that the crime scene officers from
18 Rowlett asked if I would meet them on Eagle Drive. They
19 had a homicide investigation that they would like my
20 assistance on.
21 Q. Okay. Had you had some prior
22 association with the Rowlett Police Department prior to
23 June 6, of 1996?
24 A. Yes, over the past 15 or 20 years.
25 Q. Okay. I guess just trying to
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1 understand why they called you. Can you tell us a little
2 bit about how you had been associated with Rowlett prior
3 to that date?
4 A. Well, through the sheriff's office
5 physical evidence section I dealt with them for many
6 years. Since I retired, from '93, I have conducted three
7 different schools there for their officers.
8 Q. Okay. Did you go out to 5801 Eagle
9 Drive in Rowlett?
10 A. Yes.
11 Q. Do you know about what time that you
12 arrived at the scene, sir?
13 A. Yes, it was about, approximately 5:45.
14 Q. All right. And, when you got there
15 did you meet with anyone?
16 A. Yes.
17 Q. Do you recall who you met with first?
18 A. Sergeant Nabors, Officer Mayne, and
19 Sergeant Matt Walling.
20 Q. Where did you meet these people?
21 A. Well, they came towards my car when I
22 pulled up. It was on the street, at my car.
23 Q. Okay. What was the condition of the
24 crime scene when you got there at 5:45 or 6:00 that
25 morning?
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1 A. The exterior?
2 Q. Yes, sir.
3 A. Oh, there was a barrier tape around
4 the perimeter.
5 Q. All right. When you first talked with
6 David Mayne, Matt Walling and David Nabors, were you
7 still outside the taped area?
8 A. Yes.
9 Q. Did you remain outside the taped area
10 or did you move inside at some point?
11 A. We eventually moved inside.
12 Q. Did you continue talking with them?
13 A. Yes.
14 Q. In general, what types of things were
15 you talking with these gentlemen about?
16 A. Well, I asked them, you know, what
17 type of situation did they have. I mean, I was informed
18 it was a homicide, and I asked them how many bodies, and
19 did it occur inside or outside the house.
20
21 MR. JOHN HAGLER: Your Honor, we would
22 object to any hearsay statements of this witness under
23 Rule 802.
24 THE COURT: Well, I'll sustain that.
25 Just say what you said.
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1 MR. GREG DAVIS: Well, this witness is
2 testifying -- I asked him what he said.
3 THE COURT: Well, we understand that.
4 I'm sure that is just a precautionary objection.
5
6 BY MR. GREG DAVIS:
7 Q. Mr. Cron, again, you can relate to us
8 what you may have said to these officers, don't relate
9 back what they said. But were you asking questions of
10 them?
11 A. Yes.
12 Q. What types of questions did you ask
13 them out there that morning?
14 A. I asked them -- I needed to know what
15 areas would I need to be looking at concerning the
16 evidence. I need to know if it was inside or outside or
17 a combination of both at the scene, how many victims. I
18 knew it was two stories, so I needed to know what was
19 upstairs and downstairs.
20 Q. Did you have a chance to talk
21 specifically with Sergeant Matt Walling, ask him
22 questions also?
23 A. I did.
24 Q. Okay. And, again, these
25 conversations, are they still being held outside the
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1 house at this point?
2 A. It was a running conversation, but,
3 yes, at that point it was outside.
4 Q. Okay. And, did you have some purpose
5 in talking with these officers? Did you plan to do
6 something after you spoke with them?
7 A. Yes.
8 Q. And what did you plan to do after you
9 finished speaking with them?
10 A. To inspect or walk through the scene.
11 Q. Okay. Inside 5801 Eagle?
12 A. Yes.
13 Q. Okay. Can you tell the members of the
14 jury, what is the purpose of walking through a crime
15 scene?
16 A. To -- well, to get a game plan
17 organized, to see, do a visual inspection, not really
18 doing anything but visually inspecting the crime scene to
19 determine what action, what equipment you need. And,
20 well, that is basically it, have a game plan to collect
21 and process it properly.
22 Q. Did you feel that it was necessary to
23 talk with the officers there before you came up with your
24 game plan?
25 A. Oh, yes.
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1 Q. Necessary to get information back from
2 them?
3 A. Yes.
4 Q. Do you recall what time it was that
5 you actually began walking through this crime scene?
6 A. It was -- there was an officer logging
7 in the time, but my recollection is, it was 6:10 or 6:11,
8 right in there.
9 Q. All right. Did you, in fact, enter
10 into the house?
11 A. Yes.
12 Q. Okay. Who did you go into the house
13 with?
14 A. Sergeant Walling, Matt Walling and
15 Mayne, David Mayne.
16 Q. Okay. Before you actually went into
17 the house, did you see anything at the front of the house
18 that caught your attention that you made a mental note
19 of?
20 A. Well, the only thing that was unusual
21 would be the front porch where there was some blood. And
22 it looked like medical, you know, I'm trying to think of
23 the word, tape and medical supplies.
24 Q. Okay. Let me see if I can get a
25 photograph and have you look at it, Mr. Cron. If you
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1 will look at State's Exhibit 24, do you recognize what's
2 depicted in that photograph, sir?
3 A. Yes.
4 Q. Okay. What is depicted in State's
5 Exhibit No. 24?
6 A. A bloody rag or cloth.
7 Q. Okay. Were these items still in the
8 same position when you went into the house as they are
9 shown here in State's Exhibit No. 24?
10 A. Yes.
11 Q. Anything else that you noticed there
12 on the front porch, before you went inside the house?
13 A. Not anything outstanding.
14 Q. All right. Where did you go to next
15 once you went inside the house?
16 A. I went into the foyer and leading into
17 the hallway to go to the rear of the house.
18 Q. All right. And what did you and the
19 other three officers do once you went into the foyer?
20 A. It was strictly for observation
21 purposes. I just looked at the floor, the walls, the
22 ceiling, and the adjacent rooms to the left and right.
23 Q. Okay. Did you have a chance to look
24 into the living room which is to the left?
25 A. Yes.
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1 Q. Did you notice anything unusual when
2 you looked inside the living room?
3 A. Nothing unusual. I was looking for
4 the unusual and I didn't see anything.
5 Q. What sorts of things were you looking
6 for when you looked in the living room?
7 A. Well, the obvious thing, of course,
8 what I was looking for at first was blood. Or what
9 appeared to be blood.
10 Q. Didn't see any blood in the living
11 room?
12 A. No.
13 Q. How about in the entryway and the
14 hallway?
15 A. There was blood in the entryway and
16 hallway.
17 Q. All right. What did you do once you
18 observed the entryway and the hallway, what did you do?
19 A. Continued on down the hallway to the
20 place, what would be called the family room or den and
21 kitchen.
22 Q. Okay. And when you got to the family
23 room, what is it that you did at that point?
24 A. Observed, saw -- you want me to tell
25 you what I saw?
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1 Q. Yes, sir.
2 A. There was several areas on the carpet
3 that had excessive amounts of blood. There was a dead
4 child in the back part of the room. And the coffee table
5 was sort of knocked ajar, and that was it. And, blood.
6 I didn't do a detailed, hands-on examination at that
7 point.
8 Q. Okay. Well, as you are doing this
9 walk-through, is the purpose of this walk-through to
10 collect, or to touch, or move evidence?
11 A. No.
12 Q. Okay. Are you simply observing at
13 this point?
14 A. Yes.
15 Q. The other three officers with you, are
16 they still with you observing like you are?
17 A. Yes.
18 Q. You had mentioned when you went inside
19 the family room that you noticed a flower arrangement; is
20 that correct?
21 A. Well, there was a coffee table, and
22 yes, it had a flower arrangement on top of it.
23 Q. Okay.
24
25 (Whereupon, the following
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1 mentioned items were
2 marked for
3 identification only
4 after which time the
5 proceedings were
6 resumed on the record
7 in open court, as
8 follows:)
9
10 BY MR. GREG DAVIS:
11 Q. Let me ask you, Mr. Cron, if you will
12 please look at State's Exhibit 47-A and 47-B. First of
13 all, 47-A does that truly and accurately depict a portion
14 of the family room as it appeared when you walked through
15 there on June 6th, 1996?
16 A. Yes.
17 Q. State's Exhibit 47-B, do you recognize
18 that picture also? Does it truly and accurately depict
19 that portion of the family room as it appeared on June
20 6th, 1996?
21 A. Yes.
22 MR. GREG DAVIS: Your Honor, at this
23 time we will offer State's Exhibit 47-A and 47-B.
24 MR. RICHARD C. MOSTY: No objection.
25 THE COURT: State's Exhibit 47-A and
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1 47-B are admitted.
2
3 (Whereupon, the above
4 Mentioned items were
5 Received in evidence
6 As State's Exhibit
7 Nos. 47-A and 47-B,
8 For all purposes, after
9 Which time, the
10 Proceedings were
11 Resumed in open court,
12 As follows:)
13
14 BY MR. GREG DAVIS:
15 Q. Mr. Cron, looking at the flower
16 arrangement shown in State's Exhibit No. 47-A, did you
17 see that when you walked in there that morning, sir?
18 A. Yes.
19 Q. Did you have an opportunity to
20 visually inspect that flower arrangement?
21 A. Yes.
22 Q. Did you also have a chance to look at
23 the glass table that the vase and the flowers were on?
24 A. I did.
25 Q. Okay. Now, when you had an
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1 opportunity to look at this flower arrangement, sir, did
2 you inspect it to determine whether or not you could see
3 any blood on any of the floral arrangement itself?
4 A. Some of my inspection and closer
5 inspection of it came after the initial walk-through.
6 But, yes, I did inspect it.
7 Q. Okay. Let me ask you: Were you able
8 to see any blood on the flower arrangement itself?
9 A. No.
10 Q. Okay. How about the flowers, the
11 stems or any of the leaves here, did you inspect it to
12 determine whether or not any of the flowers or any of the
13 other elements of the flower arrangement had been broken?
14 A. I did.
15 Q. And, was anything broken on this
16 flower arrangement, sir?
17 A. I couldn't see any broken parts.
18 Q. Did you have a chance to look at the
19 vase, also?
20 A. Yes.
21 Q. Did you try to determine whether or
22 not you could see any blood on the vase?
23 A. I did.
24 Q. And what was the result?
25 A. It was negative. I didn't see any
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1 blood.
2 Q. Okay. How about the vase itself?
3 Could you see any evidence that it was broken, chipped or
4 damaged in any way when you saw it on June 6th, 1996?
5 A. No, it appeared to be intact.
6 Q. Okay. Let me ask you about the glass
7 top, the area surrounding the flower arrangement. Did
8 you look at the area to determine whether or not you
9 could see any sort of cracks or breaks or defects in the
10 glass anywhere around this flower arrangement, sir?
11 A. Yes.
12 Q. Okay. Any chips perhaps out of it?
13 Did you look for those, also?
14 A. I did.
15 Q. Sir, could you see any damage
16 whatsoever to the top portion of that glass top when you
17 looked at it on June 6th, 1996?
18 A. No.
19 Q. The items shown in State's Exhibit
20 47-B, do you recognize that?
21 A. Yes.
22 Q. What is that?
23 A. It's a standing lamp with the shade
24 partially down.
25 Q. Okay. Let me ask you: First of all,
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1 did you inspect the lamp shade itself to determine
2 whether or not there was any blood on the lamp shade?
3 A. Yes.
4 Q. And what was the result of your
5 inspection?
6 A. There was -- I saw no blood on the
7 lamp shade.
8 Q. Did you inspect the lamp shade to
9 determine whether or not you could see any tears?
10 A. Yes.
11 Q. And what was the result?
12 A. I didn't see any.
13 Q. All right. Let me just be more
14 general. Did you inspect the lamp shade to determine
15 whether or not you could see any damage at all to this
16 lamp shade?
17 A. Yes.
18 Q. And what was the result?
19 A. I didn't see any damage.
20 Q. No creasing, no tears, nothing like
21 that?
22 A. No, outside of regular fraying wear
23 along the rim, but no tears, no dents, scratches, blood.
24 Q. Okay. Let's talk about the visible
25 portion. Was this a floor lamp of some sort?
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1 A. Yes. I said standing, a floor lamp is
2 what I mean.
3 Q. All right. Let's talk about part of
4 the stem here that we can actually see in this photograph
5 leading up to the light bulb and the other area here that
6 would hold the shade.
7 Let's just start from the top down.
8 Okay? The portion of this lamp that would have held the
9 lamp shade, did you inspect that to determine whether or
10 not there was any damage to it?
11 A. Yes.
12 Q. Was there any damage to the top part
13 of that?
14 A. No.
15 Q. Did you inspect it to determine
16 whether or not you could see any blood on it?
17 A. I did.
18 Q. What was the result?
19 A. I found no blood.
20 Q. Let's go to the light bulb itself.
21 Any damage that you could detect to the light bulb?
22 A. No.
23 Q. How about blood on the light bulb?
24 A. No.
25 Q. Let's go from the portion down all the
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1 way to where it's hidden by the lamp shade itself. Any
2 visible damage to that part of the lamp shade, to that
3 lamp stand?
4 A. No.
5 Q. Any blood on that portion of the lamp
6 stand?
7 A. No.
8 Q. Now, did you continue down and did you
9 inspect the lower portion of that lamp stand to determine
10 whether or not you could see any damage?
11 A. I did.
12 Q. And, what was the result?
13 A. I saw no damage.
14 Q. Any blood?
15 A. No, sir.
16 Q. Can you describe the base to this
17 lamp?
18 A. As what color or you mean --
19 Q. Well, shape.
20 A. Shape, yes. Probably not that -- but
21 it was rounded.
22 Q. Okay.
23 A. I mean I don't remember exactly.
24 Q. Okay. Did you look at it that day?
25 A. Yes.
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1 Q. What types of things were you looking
2 for?
3 A. Oh, I was looking to see if it had
4 been moved, if there were any carpet indentations which
5 occur when an item has been on a carpet for a good while.
6 That is what I was looking for.
7 Q. All right.
8 A. Besides blood and damage.
9 Q. All right. Well, let's turn to blood
10 and damage first. Any damage to the base of that lamp?
11 A. No.
12 Q. Any blood on the base of that lamp?
13 A. I didn't find any.
14 Q. All right. Now, when you took a look
15 at the base to see if you could see the other patterns
16 that would indicate it had been moved, could you see any
17 other indentations or patterns on that carpet that
18 indicated that thing had been moved?
19 A. No.
20 Q. Or jostled?
21 A. I didn't see any.
22 Q. Did the lamp appear to be in the
23 position where it had originally been?
24 A. Yes.
25 Q. And do I understand you to say that
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1 you basically then did a complete walk-through of the
2 family room looking at it in general, right?
3 A. Yes.
4 Q. When you finished up walking through
5 the family room, what is the next area of the house that
6 you and the other officers went to?
7 A. The --
8 Q. Well, let me just back up here. Let
9 me ask you a question here before I take you to another
10 part of the house.
11 When you finished, you had gone
12 through the entry, the hallway and now you have looked
13 through the family room. Okay?
14 A. Um-hum. (Witness nodding head
15 affirmatively.)
16 Q. At that time, did you form any
17 opinions about what you had seen in that house at that
18 point?
19 A. No.
20 Q. Okay. Why not? I mean you had
21 already seen the entryway, the hallway and the family
22 room. Why didn't you?
23 A. Well, I hadn't finished with the
24 entire scene. There was nothing visible to make me form
25 any opinions.
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1 Q. Okay.
2 A. Outside of planning what evidence
3 needed to be collected and so forth.
4 Q. Well, why did you think it was
5 necessary to see the remainder of the scene?
6 A. Well, that is just good crime scene
7 policy, not to make any judgments on what occurred until
8 you see all of the area to get the entire picture.
9 Q. All right. What is the next area that
10 you did look at?
11 A. The kitchen.
12 Q. Okay. And describe for us, if you
13 will, what the kitchen looked like when you first went in
14 there?
15 A. There was --
16 Q. What did you see?
17 A. -- some blood on the floor, more in
18 the areas you step from the den or family room into the
19 kitchen, there was blood on the floor, broken glass,
20 there was a vacuum cleaner lying on the floor, there was
21 a wine rack immediately to the right.
22 To the left there was some open
23 drawers, with some bloody cloth items on top of the
24 drawers. There was a few drops -- as we progressed
25 through the kitchen, I noticed there was some drops of
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1 blood on the floor leading into the utility room.
2 Q. Okay. Did you look at -- were you
3 looking for anything specific when you went into the
4 kitchen, or were you just trying to take an overall view
5 of the situation?
6 A. No, when you conduct a crime scene
7 like that, you just do an overall, try to spot things
8 that, naturally, like blood, that should not be there.
9 And I saw blood and glass and the vacuum cleaner, that
10 was the primary things.
11 Oh, there was one thing I forgot.
12 There was a knife on the counter dividing the kitchen
13 from the family room. I forgot to mention that. There
14 was a bloody knife laying on the edge of the counter.
15 Q. Okay. So you saw the knife on the
16 counter, you looked through the kitchen. The other three
17 officers staying with you during this time?
18 A. Yes.
19 Q. Are you-all talking as you are going
20 through here?
21 A. Yes.
22 Q. Okay. Are you-all walking in single
23 file in some sort of order, or are you-all just walking
24 through here? How are you doing it?
25 A. We were not walking in any single
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1 file. It's difficult to walk through those scenes when
2 there is blood all over the floor and glass, but we were
3 trying not to step on things. But, no, we were not in
4 single file.
5 Q. Okay. After you finished the kitchen,
6 where did you-all go to?
7 A. The utility room.
8 Q. And, what did you notice when you went
9 into the utility room?
10 A. Blood on the door, there was a cap on
11 the floor, some blood on the floor and on the -- some
12 machines in the utility room.
13 Q. Okay. You have gone through the
14 living room, the kitchen and the utility room, had you
15 noted blood on the floor in the hallway?
16 A. Yes.
17 Q. Had you noted blood on the floor in
18 the family room?
19 A. Yes.
20 Q. Had you noted blood on the floor in
21 the kitchen?
22 A. In part of the kitchen, yes.
23 Q. Okay. Had you also noted blood on
24 some parts of the floor in the utility room?
25 A. Yes.
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1 Q. Did you then have occasion to go out
2 into the garage?
3 A. I did.
4 Q. And, what was the condition of the
5 garage when you first went out there?
6 A. Well, I noticed a window partially, or
7 you know, raised, a cut screen, the overhead door was
8 shut. Are you talking about after I finished, or just my
9 initial --
10 Q. Just the initial walk-through.
11 A. Oh, okay. On the initial, the door
12 was shut, the window was open, the screen was cut and it
13 was cluttered, typical garage that was used for storage
14 and some cluttered areas.
15 Q. Okay. Well, when you went out there,
16 were you looking for evidence of blood in the garage,
17 too?
18 A. Yes.
19 Q. Okay. Where were you looking?
20 A. Primarily on the floor, of course, the
21 doorways and anything arm level or hand level.
22 Q. All right. Well, let's start with the
23 floor then. Did you see any blood on the floor of the
24 garage?
25 A. No.
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1 Q. And did you look for that?
2 A. Yes.
3 Q. Did you go, at that time, did you go
4 back to look at the overhead door, the back door to the
5 garage?
6 A. Yes.
7 Q. Okay. And, what were you looking for
8 when you went back there to that garage door?
9 A. Bloody prints, or any type of floor
10 evidence, which would be maybe pieces of glass from the
11 kitchen floor because there was broken glass on the
12 kitchen floor.
13 I was looking for blood on the door, I
14 wanted to see if the door was latched or not. Basically
15 that was it, because I was making a plan of what to go
16 back and do later in the garage.
17 Q. When you went over there to that area,
18 were you looking for glass on the floor?
19 A. Yes.
20 Q. Did you see any glass on the floor
21 over there by that garage door?
22 A. No.
23 Q. Were you looking for blood on the
24 floor?
25 A. Yes.
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1 Q. Did you see any blood on that portion
2 of the garage floor?
3 A. No.
4 Q. Were you looking for evidence of blood
5 on the garage door itself?
6 A. Yes.
7 Q. And, did you see any blood on the back
8 door or the overhead door to that garage?
9 A. None.
10 Q. Did you have occasion while were you
11 in the garage then to go over to a window that was open?
12 A. Yes, I did.
13 Q. Okay. And, what types of things were
14 you looking for in that part of the garage?
15 A. Same thing. I was looking for a
16 trail, be it blood, glass, disturbance, that is areas
17 disturbed to possibly follow the trail of an intruder.
18 Q. Okay. Let's talk about this part of
19 the garage floor. Did you see any evidence of glass on
20 the floor?
21 A. No.
22 Q. Blood on the floor?
23 A. No.
24 Q. Did you have a chance to look at the
25 window itself to look at it for evidence of blood?
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1 A. Yes.
2 Q. Did you see any blood on that open
3 window?
4 A. None.
5 Q. Did you have a chance to look at the
6 windowsill?
7 A. Yes.
8 Q. Did have you a chance to examine it
9 for evidence of blood?
10 A. I did.
11 Q. And did you see any blood on the
12 windowsill there at that window?
13 A. No, it had a fairly thick layer of
14 dust over the entire windowsill.
15 Q. How about the items over there close
16 to the window, did you look at them also for evidence of
17 blood?
18 A. Yes, I did, from head height down.
19 Q. Any evidence of any blood on any items
20 close to the window?
21 A. No.
22 Q. Okay.
23
24 (Whereupon, the following
25 mentioned items were
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1 marked for
2 identification only
3 after which time the
4 proceedings were
5 resumed on the record
6 in open court, as
7 follows:)
8
9 BY MR. GREG DAVIS:
10 Q. You had mentioned the windowsill and
11 how it appeared that day. Mr. Cron, let me show you
12 what's been marked as State's Exhibits 41-A and 41-B. Do
13 you recognize those, sir?
14 A. I do.
15 Q. And do they truly and accurately
16 depict the window, a portion of the window and the
17 windowsill as they appeared on June 6th, 1996?
18 A. Yes.
19 Q. First one being, 41-A being an inside
20 shot, 41-B being a photograph taken from the outside; is
21 that right?
22 A. That's right.
23
24 MR. GREG DAVIS: Your Honor, at this
25 time we will offer State's Exhibits 41-A and 41-B.
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1 MR. RICHARD C. MOSTY: No objection.
2 THE COURT: State's Exhibits 41-A and
3 41-B are admitted.
4
5 (Whereupon, the items
6 Heretofore mentioned
7 Were received in evidence
8 As State's Exhibit
9 Nos. 41-A and 41-B
10 For all purposes,
11 After which time, the
12 Proceedings were resumed
13 As follows:)
14
15 BY MR. GREG DAVIS:
16 Q. Mr. Cron, with the Court's permission,
17 could you please step down here and just show us what the
18 two photographs show us here.
19 A. Yes, sir. Let me step back here.
20
21 THE COURT: Okay.
22
23 (Whereupon, the witness
24 stepped down from the
25 witness box, and approached
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1 the jury rail, for the
2 purpose of further describing
3 the exhibit to the jury.)
4
5 THE WITNESS: What was the question
6 again?
7
8 BY MR. GREG DAVIS:
9 Q. Okay. First, just in general, show us
10 what State's Exhibits 41-A and 41-B show us.
11 A. 41-A is a shot inside the garage
12 directly down over the sill, the windowsill. It shows
13 the length of the sill here.
14 In the right hand corner is part of a
15 cat cage or an animal cage. And on the left, is a --
16 well, you see it better here, is an animal container or
17 litter box container with a cardboard box on the left.
18 It shows the cut screen and on the outside brick sill.
19 Q. Okay.
20 A. 41-B is a shot from the outside
21 showing the inside, excuse me, from the outside aiming
22 inside the window, showing the cut screen, it was cut
23 across the top and then down vertically, the flaps
24 overlap, the brick outer sill, the wooden inner sill and
25 the cage.
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1 Q. Okay. You said the objects here on
2 the left-hand side, well, actually it's going to be the
3 right-hand side of 41-A. Is that some sort of animal
4 cage?
5 A. Yes.
6 Q. How did you determine that?
7 A. Well, it was obvious. I mean, it had
8 food bowls, water bowls inside, it had wire across the
9 wooden frame, it had a door with a latch on it.
10 Q. How many animals were in there that
11 morning?
12 A. I can't recall. I don't believe any.
13 No, there wasn't one in that cage.
14 Q. Okay. So it's a cage, some sort of an
15 animal cage. No animals in there that morning; is that
16 right?
17 A. Not at that time. There was another
18 cage that had an animal in it, not this one.
19 Q. Where was that cage located?
20 A. In the family room.
21 Q. When you were looking at this area,
22 the windowsill portion of this window, what types of
23 things were you looking for?
24 A. Signs of an intruder going through it.
25 Disturbed dust, foot prints, blood, any outside debris
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1 that might have been carried in through the clothing or
2 shoes of the intruder such as bark, mulch, any type of
3 damp vegetation, just any signs that an entry and exit
4 was made through the window, foreign material and
5 disturbed areas.
6 Q. Sir, did you find any scuff marks or
7 shoe prints, foreign material or any evidence whatsoever
8 that an entry had been made either in or out of that
9 window shown in State's Exhibit No. 41-A?
10 A. No. There was a solid layer of dust
11 along the entire length of the white windowsill and it
12 was undisturbed.
13 Q. What do mean undisturbed?
14 A. There was no streaks through it, no
15 signs of movement through it. It was an even layer, it's
16 sort of like new fallen snow. It was obvious that
17 nothing had gone through it.
18 Q. Okay.
19
20 THE COURT: Does the jury need a
21 break?
22 A JUROR: Yes, sir.
23 THE COURT: All right. Let's take a
24 brief, five minute break here.
25
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1 (Whereupon, a short
2 recess was taken, after
3 which time, the
4 proceedings were
5 resumed in open court,
6 in the presence and
7 hearing of the
8 Defendant, being
9 represented by his
10 Attorney, but outside of
11 the presence of the jury
12 as follows:)
13
14 THE COURT: Are both sides ready to
15 bring the jury back in?
16 MR. GREG DAVIS: Yes, sir, we are
17 ready.
18 MR. DOUG MULDER: Yes, sir, the
19 defense is ready.
20 THE COURT: All right. Bring the jury
21 in, please.
22 THE COURT: All right. Be seated
23 please. Let the record reflect that all parties at trial
24 are present and the jury is seated. Please continue, Mr.
25 Davis.
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1 MR. GREG DAVIS: Thank you, Judge.
2
3 BY MR. GREG DAVIS:
4 Q. Mr. Cron, we have gotten to the point
5 where you had a chance to look at this particular window.
6 Are there other windows in that garage, sir?
7 A. Yes.
8 Q. Did you have an opportunity to look at
9 them, also?
10 A. I did.
11 Q. Did you do that while you were inside
12 the garage, or did you do that from the outside?
13 A. Both, inside and outside.
14 Q. Okay. Well, let me just take you
15 inside then. The other windows, did you find any other
16 windows that were open like the window shown in State's
17 Exhibits 41-A and B?
18 A. No.
19 Q. Did you see any other screens cut on
20 the windows covering, on the adjacent windows there in
21 the garage?
22 A. No, I didn't.
23 Q. Did you check them to see whether you
24 saw any evidence of any blood or any disturbance around
25 them?
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1 A. I did.
2 Q. Did you find any evidence of blood or
3 disturbance around the other windows?
4 A. No.
5 Q. Well, after you had a chance to check
6 the windows, the door and the floor, and the general
7 condition, did that pretty much complete your inspection
8 of the garage?
9 A. On the walk-through part, yes, sir.
10 Q. All right. After you walked through
11 these particular rooms, including the garage, then what
12 did you do?
13 A. I then went out the front door around
14 the side of the house towards the back.
15 Q. All right. And, did the other
16 officers go out there with you?
17 A. Yes.
18 Q. Okay. What was the purpose of you
19 going outside?
20 A. To look for the unusual. Possible
21 points of entry, or attempted points of entry at other
22 windows, disturbed ground under the windows, cigarette
23 butts, footprints, blood, if there were any outside,
24 maybe a murder weapon, I'll say murder weapon, a knife,
25 you know, a weapon, point of entries.
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1 Q. Well, let me ask you: Are there any
2 other windows along the front side of the house?
3 A. Yes.
4 Q. Did you check them to determine
5 whether or not they showed any evidence that someone had
6 come through?
7 A. Yes.
8 Q. And what was --
9 A. Excuse me. What was the question
10 again?
11 Q. Okay. Did you have a chance to
12 examine the windows on the front part of the house?
13 A. Yes.
14 Q. And what was the result of your
15 inspection of those windows?
16 A. There was no signs of any disturbance
17 that I found.
18 Q. Are the flower beds out there in the
19 front?
20 A. Yes.
21 Q. Were you looking for them, were you
22 looking at them, also?
23 A. Yes. The bushes and so forth, yes, I
24 was.
25 Q. Okay. And what was the result of your
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1 inspection of the flower bushes and the flower beds in
2 general?
3 A. I saw no signs of disturbances that a
4 person might have been trying to get past them into a
5 window area.
6 Q. Okay. Did you do the same thing for
7 the windows on the side of the house?
8 A. I did.
9 Q. Did you do the same thing for the
10 flower beds, also?
11 A. Yes.
12 Q. All right. What was the result there?
13 A. I found no signs of an attempted
14 entry.
15 Q. All right. Did you then get back to
16 the back portion of the house?
17 A. Yes.
18 Q. Do you remember the first thing that
19 you looked at when you got back there?
20 A. The driveway leading to the gate.
21 Q. All right. And what types of things
22 were you looking for on the driveway?
23 A. Blood, skid marks, and possibly any
24 objects that might aid the investigation, cigarette
25 butts, knives.
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1 Q. Okay. Did you find any of those
2 items, blood, skid marks or other foreign objects out
3 there on the driveway?
4 A. No.
5 Q. Did you have a chance to look at the
6 garage door itself on the outside?
7 A. I did.
8 Q. All right. And what types of things
9 were you looking for there?
10 A. I was looking for signs of pry marks,
11 or for signs of attempted entry, and blood.
12 Q. All right. Did you see any blood?
13 A. No.
14 Q. Did you see any pry marks?
15 A. None.
16 Q. Did you see any evidence of any sort
17 of forced entry on that garage door?
18 A. I did not.
19 Q. Now, when you looked at the garage
20 door from the inside, had it been closed?
21 A. Yes.
22 Q. Is there a latch to that garage door?
23 A. It was latched.
24 Q. Okay.
25 A. There is a latch.
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1 Q. Okay. And the door was latched when
2 you saw it; is that right?
3 A. That's correct.
4 Q. You looked at the driveway and the
5 garage door now. Where is the next place that you and
6 the other officers go to?
7 A. The gate of the privacy fence, the
8 wooden fence.
9 Q. All right. And when you are looking
10 at this fence, and you are talking about a privacy fence,
11 is this the fence that encloses the backyard?
12 A. It is.
13 Q. Is it painted?
14 A. It's white.
15 Q. All right. Wooden fence, right?
16 A. Yes, wooden fence, painted white, 6
17 feet tall.
18 Q. What types of things are you looking
19 for on the gate?
20 A. Scuff marks, pry marks, blood.
21 Q. Okay.
22 A. Anything to indicate forced entry or
23 signs of -- that might belong -- anything that might
24 belong to an intruder.
25 Q. Did you see any blood?
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1 A. No.
2 Q. Did you see any pry marks?
3 A. No.
4 Q. How about scuff marks?
5 A. Yes, there were scuff marks.
6 Q. Okay. Where were they located on the
7 gate?
8 A. At the base of the gate or at the
9 center, lower center.
10 Q. Okay. On the outside of the gate or
11 on the inside of the gate?
12 A. The outside.
13 Q. Okay. When you saw that set of scuff
14 marks on the outside of the gate toward the bottom, did
15 you have a chance to talk with Sergeant Matt Walling
16 about them?
17 A. I did.
18 Q. Did you try to determine how he had
19 gained entry into that backyard?
20 A. I did.
21 Q. Without going into what he said, did
22 you determine how he did get in there?
23 A. Yes.
24 Q. And after you did that, did you find
25 anything unusual about the scuff marks that you had seen
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1 on the outside of the gate?
2 A. No.
3 Q. At that point, Mr. Cron, did you look
4 at the exterior of the fence, or did you go ahead and go
5 inside the backyard?
6 A. I looked at the interior later. At
7 that point I went inside the yard.
8 Q. If you recall, where is the first
9 place that you went once you got in the backyard?
10 A. The window that had the screen cut,
11 and the partially opened window.
12 Q. Again, is that going to be the window
13 shown in State's Exhibit 41-B here?
14 A. Yes.
15 Q. All right. So you had a chance to
16 look at it from the outside now?
17 A. I did.
18 Q. What types of things are you looking
19 for?
20 A. The same thing we had been looking
21 for -- or I had been looking for throughout the scene,
22 blood, signs of an intruder.
23 Q. Did you find anything like that when
24 you looked at this window from the outside?
25 A. No.
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1 Q. Where is next place that you went to
2 then?
3 A. It wasn't actually a specific area, it
4 was just the interior of the courtyard surrounded by the
5 white, wooden fence.
6 Q. And again, what are you looking for
7 then?
8 A. Signs of travelling through the mulch
9 that was in the areas where an intruder might have left
10 the window to the gate, I was looking for scuff marks on
11 the gate, to see if there were any signs of blood or
12 scuff marks, any signs of a person possibly scaling the
13 fence.
14 Q. Okay. If we look at State's Exhibit
15 13-A and 13-B, do we see an area of mulch here?
16 A. Yes.
17 Q. Okay. And, again, both these
18 photographs show the open window, do they not?
19 A. They do.
20 Q. Okay. Did you look in this area of
21 mulch for signs of disturbance?
22 A. I did.
23 Q. And again, what types of signs were
24 you looking for?
25 A. Well, that mulch I was looking for any
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1 dampness or signs that feet were drug through the area,
2 or fast movement of a heavy object, to see if it traveled
3 through the mulch.
4 Q. Okay. Sir, when you looked at it, did
5 you see any sign of that?
6 A. No.
7 Q. Let me direct your attention down here
8 to State's Exhibit 13-E. Do you see that area?
9 A. Yes.
10 Q. Is that another area of mulch in the
11 backyard?
12 A. It is.
13 Q. Okay. Did you look at that area,
14 also?
15 A. I did.
16 Q. Were you looking for the same things?
17 A. Yes.
18 Q. Okay. Did you find any evidence that
19 that mulch had been disturbed?
20 A. No, I tested it to see if it could be
21 disturbed, and I could disturb it, but --
22 Q. How did you do that?
23 A. Two ways. One, I walked flat-footed,
24 very gently or easily across the mulch and nothing
25 happened. I then walked very fast across it and I
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1 disturbed it, and I ran across it and I did disturb it,
2 and the dampness under the upper layer of mulch was then
3 exposed and was darker than the top layer, and it became
4 evident.
5 Then, I did bend down and take my hand
6 and just ruffle up the mulch, and it appeared dark
7 wherever I did disturb it.
8 Q. Did you have a chance to go inside
9 that spa back there in the backyard?
10 A. Yes.
11 Q. And again, were you looking for the
12 same types of things inside the spa?
13 A. Blood, and, yes, any signs of an
14 intruder.
15 Q. All right. Did you see any blood
16 inside the spa.
17 A. No.
18 Q. Did you see any signs that an intruder
19 had come into the spa?
20 A. No.
21 Q. Any other areas of the backyard that
22 stand out as areas that you went to that morning?
23 A. That stand out?
24 Q. Yes, sir.
25 A. Nothing was unusual. The windows,
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1 were -- the screens were intact, the windows were locked,
2 I saw no signs of attempted entry, the white fence had no
3 scuff marks or blood to where it appeared somebody had
4 climbed over the fence.
5 Q. Okay.
6 A. So, I found nothing unusual, in that
7 respect.
8 Q. Okay. Let me just ask you in
9 particular: Is there a sliding glass door that leads in
10 to the house from the backyard?
11 A. Yes.
12 Q. Did you check that for pry marks or
13 any other evidence of forced entry?
14 A. I did.
15 Q. What was the result?
16 A. There were none.
17 Q. Let me ask you: In this entire
18 backyard, did you see any blood at all in this backyard?
19 A. No.
20 Q. I'm including the ground, I'm
21 including any of the objects here around this window, and
22 I'm including the interior portion of the fence, any
23 blood at all?
24 A. None.
25 Q. And the fence, as we can see, it's
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1 painted white, right?
2 A. Yes.
3 Q. How about scuff marks on the inside
4 part of the fence?
5 A. I could find none.
6 Q. Did that pretty much conclude your
7 inspection of the backyard then, the inside of the
8 backyard?
9 A. Well, on the inside, yes. I made
10 several notations of mental observations, but nothing
11 indicated an intruder. I noticed the blinds were -- you
12 could see the interior of the house through the Venetian
13 blinds were -- well, the blinds that were covering the
14 sliding glass door.
15 Q. Okay. And what could you see inside
16 the house, looking through the blinds from the outside?
17 A. You could see the family room or den,
18 the interior.
19 Q. All right. Was there any light coming
20 from the inside, from that family room?
21 A. When I was out there, it was starting
22 to get light, and I don't recall any bright lights. From
23 the inside shining out?
24 Q. Yes, sir.
25 A. I don't recall. I mean, yeah, of
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1 course, I could see the lights were on in the hall
2 because they were on when we were going through our

3 walk-through, but I didn't notice anything unusual about
4 the lights.
5 Q. Okay. Any of the windows there into
6 the garage or into the house, any of them open?
7 A. No.
8 Q. Besides this one that you had noted
9 before, right?
10 A. Well, the one with the cut screen,
11 that is the only one.
12 Q. All right. Now, at that point, when
13 you looked inside the backyard itself, had you concluded
14 your initial walk-through of the scene?
15 A. No.
16 Q. All right. What else did you do then?
17 A. I checked the exterior of the fence.
18 Q. Okay. And again, how did you do that?
19 A. Just walked around it. At one time I
20 had to look at the other side of the fence, that is the
21 side that facing the front of the house, I had to go
22 around the house, which would amount to the side yard, I
23 guess. I checked it for scuff marks and blood.
24 Q. Okay. Did you see any scuff marks?
25 A. No.
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1 Q. Did you see any blood?
2 A. No, I did not.
3 Q. Did that conclude your initial
4 walk-through?
5 A. Yes.
6 Q. Do you have an estimate of the amount
7 of time that it took you to do that initial walk-through,
8 Mr. Cron?
9 A. Well, 25 minutes, maybe 30 minutes.
10 Q. Were you under any sort of a time
11 constraint, or could you take as long as you needed?
12 A. I could take whatever time I felt
13 sufficient.
14 Q. All right. Did you feel that you had
15 sufficient time for that initial walk-through?
16 A. Just for the initial one?
17 Q. Yes.
18 A. Certainly, yes.
19 Q. All right. And, let me ask you then:
20 You finished your initial walk-through of that residence,
21 backyard exterior of the residence, did you form any
22 opinions after your initial walk-through, sir?
23 A. I was beginning to have some feelings
24 about the offense, yes, sir.
25 Q. All right. What impressions, if any,
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1 did you start to form after that initial walk-through?
2 A. That there had not been an intruder
3 enter through the window.
4 Q. All right. And, why did you come to
5 the conclusion that there had been no intruder?
6 A. Well this is a --
7 Q. That is from your initial
8 walk-through?
9 A. It's sort of a big picture. It's not
10 any one thing. It was the overall scene which,
11 primarily, is the lack of evidence in many cases. But
12 the entire scene indicated to me there had not been an
13 intruder. There wasn't any one object or any one
14 situation there.
15 Q. Let me ask you: Did you find the
16 physical evidence there in the crime scene to be
17 consistent or inconsistent with information that you had
18 been given by the Rowlett police officers prior to
19 starting the walk-through?
20 A. Inconsistent.
21 Q. And by the time you did this
22 walk-through, you had been doing these kinds of things
23 for how many years?
24 A. Oh, around 39.
25 Q. You have met with the officers, you
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1 have done your initial walk-through with them, what is
2 the next thing to do in this situation?
3 A. Well, there is a loose procedure that
4 can be altered, due to the different circumstances. But
5 there is a basic procedure to use in crime scene
6 investigation. Is that what you want me to --
7 Q. Yes, sir. What is that procedure? Is
8 it just something that you have come up with, or is it
9 some sort of standardized procedure?
10 A. Well, it's basically standard. It's a
11 common sense approach more than anything.
12 It involves a walk-through naturally
13 to plan your attack, or plan your actions at a scene.
14 The second one is to record everything.
15 Photographically, and in a sketch, if
16 it's required in the type of scene that you're
17 investigating. But record it with notes, measurements of
18 the sketch, and a series of photographs.
19 Once it's recorded, the next step is
20 to take care of your fragile evidence; hair, fiber,
21 blood, anything that could be destroyed. Latent prints.
22 And the step after that, is your
23 movable objects, items that might be sent to a crime lab
24 or to be processed, however, processed at a police
25 department or a sheriff's department, or at your own, the
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1 investigator's own agency, the movable things have to be
2 taken care of.
3 Then, the scene is inspected, objects
4 removed, photographs then, follow-up photographs are then
5 taken to see what is under, behind, on top of, or
6 whatever, of the evidence. This is after it's initially
7 recorded in it's intact or first position and the
8 photographs, have been already taken.
9 After that, another walk-through is
10 conducted to insure that something wasn't overlooked.
11 Basically, that is the steps used in a crime scene
12 procedure.
13 The variations would occur, where you
14 have an outside condition, that maybe the weather was
15 going to destroy some evidence, and you would have to
16 skip the photographs in place of collecting it before it
17 would be damaged by the weather, a crowd condition, where
18 you might have a hostile crowd, you have to watch the
19 evidence, such as weapons, or on a highway that the
20 traffic was a problem. But these are also -- that is the
21 basic steps in a crime scene investigation.
22 Q. How many years have these procedures
23 been in place in law enforcement?
24 A. Well, most of the books that have been
25 written on it, from the '40's.
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1 Q. 1940's?
2 A. '40's.
3 Q. We are talking about 50 years for
4 those procedures in use, right?
5 A. Yes. They are standard in all crime
6 scene investigation, criminal investigation books now,
7 academies and so forth.
8 Q. Well, barring some sort of weather
9 problem or some sort of outside element there, would
10 these steps in the procedures, would they change with the
11 type of offense that you're going to go out there and
12 investigate?
13 A. No. The only thing that would change
14 is if you didn't have blood, naturally, you wouldn't
15 collect blood. But the basic steps are the same from
16 criminal mischief to a multiple homicide.
17 Q. And when you go out to process a
18 scene, Mr. Cron, do you just simply walk into a scene,
19 would it ever be proper to just simply walk into a scene,
20 look at it and then leave?
21 A. No.
22 Q. Okay. Are there things that you have
23 to do in order to process a scene?
24 A. Yes.
25 Q. And investigate a scene?
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1 A. Yes.
2 Q. What types of things do police have to
3 do in order to investigate and process a crime scene?
4 A. Well, one thing that is necessary,
5 whether it's basics to a crime scene to a traffic ticket,
6 you have to ask the person present what happened. Be it
7 victim, witness, anyway, you have to -- they were there,
8 so you ask them what happened.
9 Q. Let me ask you: In this case, the
10 defendant was not at the location when you were
11 processing this crime scene, was she?
12 A. No.
13 Q. Her husband, was he present there for
14 you to talk to while you are processing this crime scene?
15 A. No.
16 Q. So, normally you would want to talk to
17 somebody who is there, right?
18 A. Yes.
19 Q. What's the next thing then that you
20 would want to do?
21 A. I would talk to the officers that
22 talked to the person that I would -- had wanted to talk
23 with.
24 Q. Did you have -- you had a chance to do
25 that in this case, right?
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1 A. I did.
2 Q. Okay. What are some of the other
3 things that are necessary in order to investigate and
4 process a crime scene?
5 A. Well, outside of the information
6 received from the people we're talking about, the witness
7 or the victim?
8 Q. Yes.
9 A. Is information from the officers
10 themselves on what they saw and observed and their
11 actions at the scene.
12 Q. In order to process the scene
13 properly, is it necessary at times to move things?
14 A. Definitely.
15 Q. Okay. And what are some of the
16 reasons why you might want to move an object once you get
17 to a crime scene?
18 A. Well, there's many reasons. I
19 mentioned weather, crowd conditions, hostile crowds in
20 riot situations, one is after the photographs or your
21 initial photographs to record the scene are taken. You
22 have to move the evidence then.
23 Q. Okay. Why?
24 A. To do a thorough investigation. It
25 would be equivalent to having a body at the scene and not
Sandra M. Halsey, CSR, Official Court Reporter
2202

1 looking under it. You have to look for evidence and
2 moving objects during an investigation is just one of the
3 things that has to be done to find the evidence.
4 Q. Well, after the initial photographs
5 are taken, would you consider it to be altering or
6 tampering with a crime scene to move certain things to
7 investigate the scene?
8 A. No.
9 Q. Is that done on all crime scenes by
10 police every day?
11 A. It would be malpractice if they didn't
12 move it when they conducted the crime scene
13 investigation.
14 Q. You're still out there with Rowlett
15 Police Department at this time, correct?
16 A. Yes.
17 Q. Okay. In your discussions with them,
18 did you ever indicate that you thought it might be
19 helpful for other people from other agencies to come out
20 there and assist you in the crime scene search
21 investigation?
22 A. There were some people I thought might
23 help in this type offense, yes.
24 Q. Okay. Who were those people?
25 A. People from what is commonly called
Sandra M. Halsey, CSR, Official Court Reporter
2203

1 SWIFS or Southwestern Institute of Forensic Science,
2 colloquial -- the crime lab.
3 Q. We call it SWIFS, right?
4 A. Yes, SWIFS, Dallas County Crime Lab
5 personnel.
6 Q. All right.
7 A. I suggested they contact the people
8 from trace evidence in -- or serology, either one, or
9 both.
10 Q. Is there someone that you had in mind
11 out there in the trace evidence at SWIFS?
12 A. Yes, Charles Linch.
13 Q. And you have dealt with Charles Linch
14 in the past, I take it?
15 A. Many times.
16 Q. Serology, also, would that be someone
17 to do something with the blood work out there?
18 A. Right.
19 Q. Did you recommend anybody, in
20 particular, or did you just leave that up to SWIFS or
21 Rowlett?
22 A. No. I knew that whoever was on duty,
23 if they contacted Linch, and they, Rowlett PD requested
24 serology to come with the trace evidence man, who is
25 Charlie Linch, that he would pick who he wanted to travel
Sandra M. Halsey, CSR, Official Court Reporter
2204

1 with out there. I didn't recommend a name.
2 Q. Well, as you began to process this
3 crime scene, was it your responsibility to actually go
4 around and actually collect evidence or blood samples or
5 fingerprints or any physical evidence out there at the
6 scene?
7 A. No. They called me for advice.
8 Q. Okay. So, what did you understand
9 your role to be out there as the scene started to be
10 processed?
11 A. Advice, consultant, it wasn't even to
12 be an overseer, I was to direct no one. They didn't tell
13 me I wasn't to, but that is not the way I operate.
14 I observe, and if I saw them doing
15 something that maybe was out of step, or they should do
16 it earlier, before, I would give them directions. I made
17 a few hints, such as calling the people from the crime
18 lab.
19 I advised them to collect several
20 other items, which they may have been going to anyway,
21 but since I was there I went ahead and advised them to do
22 it.
23 Q. Okay. What was the first thing that
24 you thought would be proper to do in processing this
25 crime scene?
Sandra M. Halsey, CSR, Official Court Reporter
2205

1 A. The first thing?
2 Q. Yes, sir.
3 A. Photographs.
4 Q. All right. And, to your knowledge,
5 were photographs taken by Rowlett police officer after
6 you did your initial walk-through of the house?
7 A. Yes, that was one of the first things
8 they did. Sort of, at the same time a sketch was being
9 prepared, but that, the sketcher follows behind the crime
10 scene photographer so he won't get in the picture, but
11 that can be done at the same time.
12 Q. All right. So, walk-through,
13 photographs. What is the next thing that you thought was
14 proper to do in the process?
15 A. To start collecting some blood, that
16 was my next suggestion, and to do, or conduct some
17 presumptive blood tests, that is field tests to determine
18 if things are blood.
19 Q. All right. When it came down to the
20 blood samples, the taking of the samples, did you direct
21 the Rowlett officers to specific locations in the house
22 and tell them take a sample here, or I want a sample
23 there, or how did you handle that?
24 A. I did on a couple of areas, but the
25 rest, they seemed to be doing fine. I didn't follow the
Sandra M. Halsey, CSR, Official Court Reporter
2206

1 blood collector around. I did suggest several areas.
2 Q. All right. So, first thing, take the
3 blood samples. To your knowledge, did the Rowlett
4 officers then begin to do that?
5 A. They did.
6 Q. Okay. Next thing that you thought
7 would be proper to do in this sequence?
8 A. Latent prints. We held off, or I say
9 we, I told them to hold off a little until Charles Linch
10 or whoever was coming from the crime lab arrived. As it
11 was, he did arrive before they started doing the latent
12 print processing, because we didn't want to lose a hair.
13 Because some of the latent print processing involves
14 camel hair or other type brushes and I didn't want any
15 interference with the hair collection.
16 Q. All right. So, trace evidence, that
17 would include the collection of hairs and fibers, right?
18 A. Yes, trace meaning small items; paint
19 flakes, hair, fibers, small items of evidence.
20 Q. And, to your knowledge then, the
21 latent prints were not begun until trace evidence had a
22 chance to do some of that; is that right?
23 A. In the areas that we were concerned
24 with hair and fibers, naturally some higher-up areas
25 that -- you know, we didn't -- I didn't hold them back on
Sandra M. Halsey, CSR, Official Court Reporter
2207

1 every area, just the places where there could be hairs
2 and fibers.
3 Q. Did Charles Linch then arrive at the
4 scene?
5 A. Yes.
6 Q. Did someone from serology come out
7 there with him?
8 A. Yes.
9 Q. Do you remember what that person's
10 name was?
11 A. I believe her last name is Long.
12 Q. All right. Does Kathryn Long sound
13 familiar?
14 A. That does. That's it. I couldn't
15 recall her first name.
16 Q. All right. When Kathryn Long got
17 there, at any time did she also begin taking blood
18 samples from inside the residence?
19 A. Yes, sir. Both of them were doing
20 presumptive tests and collection of blood, and, as was
21 the Rowlett Police Department.
22 Q. So, you have got those two individuals
23 doing the presumptive, plus doing some blood samples,
24 you've got Rowlett doing blood samples. Next in the
25 sequence then, I understand was, you do, trace evidence,
Sandra M. Halsey, CSR, Official Court Reporter
2208

1 correct? In areas where you are going to do latents?
2 A. Yes.
3 Q. Okay. Then you attempt to lift latent
4 fingerprints, correct?
5 A. That's correct.
6 Q. All right. And, to your knowledge
7 then, did a Rowlett police officer begin doing that?
8 A. Yes.
9 Q. Do you remember who that was out there
10 on June the 6th?
11 A. The only one I saw processing -- well,
12 the answer is yes, I do know.
13 Q. Okay. And who was that?
14 A. Hamilton.
15 Q. Charles Hamilton?
16 A. Yes.
17 Q. Okay. After you have collected the
18 blood, you have done the trace evidence, and you begin
19 processing for latent prints, in your opinion, what would
20 have been the next proper thing to do, and what did do
21 you out there?
22 A. Any large items needed to be
23 collected, such as the screen, and I told them to, you
24 know, anything movable. We started moving objects,
25 vacuum cleaner, big, heavy objects. I say big and heavy,
Sandra M. Halsey, CSR, Official Court Reporter
2209

1 other than something you can hold in one hand.
2 Q. Okay. And again, why did you go along
3 with the idea of moving these particular items?
4 A. Well, one, I wanted to look under some
5 of them myself, and we wanted to, I wanted them to look
6 and see what they could find, by nature of blood, hair,
7 fiber, weapons.
8 Q. Were there some items that you
9 yourself moved inside the house?
10 A. The base of the lamp. I checked the
11 weight of the table, the glass table top. I looked in a
12 couple of drawers in the kitchen that were exposed and
13 open and had blood cloth items on top.
14 I didn't do that much. I did test the
15 light switch to see if the light worked on the back patio
16 light, and it did come on when I threw the switch on.
17 Q. Okay. Are you talking about, I
18 believe, in one of these photographs, we might be able --
19 are you talking about a light that would be attached to
20 the house?
21 A. Yes.
22 Q. Porch light? And it was in working
23 condition; is that right?
24 A. Yes.
25 Q. You mentioned that you went to, I
Sandra M. Halsey, CSR, Official Court Reporter
2210

1 guess, a coffee table in the family room; is that right?
2 A. Yes.
3 Q. And what exactly did you do with that
4 coffee table, Mr. Cron?
5 A. I pushed it with my legs to see if it
6 was heavy or light, which I assumed it was going to be
7 heavy because they normally are, but I wanted to feel it
8 myself.
9 Q. Okay. Is this the table that is shown
10 in 47-A, State's Exhibit 47-A?
11 A. Yes.
12 Q. Okay. Well, what did you find? Is
13 this table light or is it heavy?
14 A. It's heavy.
15 Q. Okay. And give us an idea of the
16 amount of -- what did you do to it exactly?
17 A. I braced my leg against it and then
18 leaned towards the direction of it to see how easily it
19 moved.
20 Q. And what did you find out when you
21 tried to do that?
22 A. It was difficult to move, without
23 exerted pressure or effort.
24 Q. Did it appear to you when you looked
25 at it that morning when you first saw it that it was off
Sandra M. Halsey, CSR, Official Court Reporter

2211

1 center?
2 A. Yes.
3 Q. Now, I think you said you touched a
4 couple of the drawers in the kitchen, right?
5 A. Yes.
6 Q. What other items did you move that you
7 recall?
8 A. I looked at some of the glass on the
9 floor. I had had them collect some of the glass.
10 Q. Let me ask you: What was the purpose
11 of having Rowlett collect some of the glass on the floor?
12 What were you thinking at that time?
13 A. At that time, when I -- actually, this
14 really came about from the walk-through, is when I
15 verbally said, "You need to collect some glass." Glass
16 is collected any time it's on the floor at a crime scene,
17 or should be collected.
18 Later, if an intruder is found that
19 has the glass embedded in the soles of their shoes, it
20 might be possible the lab could make a connection and
21 determine it's the same type of glass.
22 It's a form of placing the person
23 inside the building or at a scene.
24 Q. What was the purpose in you actually
25 picking up some of the glass? Why did you do that?
Sandra M. Halsey, CSR, Official Court Reporter
2212

1 A. To see how sharp it was, and to see if
2 it was all consistent with being the same type.
3 Q. Okay.
4 A. And color-wise, mainly.
5 Q. When you were looking to see how sharp
6 this glass was, what were you thinking at that time?
7 A. That part, on the sharpness, came
8 after I had come in and I started forming my opinion of
9 the crime scene. The purpose then was to see how sharp
10 it was. I wanted to determine if the complainant in this
11 case had cuts on the soles of her feet.
12 Q. Okay. When you looked at this glass,
13 I don't know how you quantify this, but how sharp was
14 this broken glass?
15 A. I cut myself on it.
16 Q. Okay.
17 A. It was sharp.
18 Q. Okay.
19 A. I made a mistake and applied too much
20 pressure and cut myself.
21 Q. Okay. Was there ever an occasion,
22 when you were present and a vacuum cleaner was moved?
23 A. Yes.
24 Q. Okay. Tell us, where was the vacuum
25 cleaner when you first saw it?
Sandra M. Halsey, CSR, Official Court Reporter
2213

1 A. Between the kitchen, an island in the
2 center of the kitchen and the island counter, and the
3 divider between the kitchen and the living room. It was
4 on the floor.
5 Q. All right. Whose idea was it to move
6 the vacuum cleaner?
7 A. Mine, but I would say more, actually,
8 it was a mutual consent, as the photographs, when they
9 were finished, we were following behind the photographer,
10 and we said, "Let's look under it."
11 Q. Okay. Well, why did you want to look
12 under it?
13 A. When -- you look under things just to
14 see what you find. I had no idea what I would find but I
15 was looking for evidence.
16 Q. Who actually moved the vacuum?
17 A. David Mayne.
18 Q. Okay. Rowlett police officer?
19 A. Yes.
20 Q. Did you observe how he moved the
21 vacuum cleaner?
22 A. I was standing with him. I was at one
23 end of the vacuum and he was at the other.
24 Q. All right. Did both of you lift it,
25 or did one of you, or --
Sandra M. Halsey, CSR, Official Court Reporter
2214

1 A. No, he did. I didn't touch it.
2 Q. Okay. Mr. Cron, did you observe
3 whether or not as he lifted this vacuum cleaner, whether
4 or not David Mayne rolled it on the floor? Or did he
5 just simply lift it up and off the floor?
6 A. No, he lifted it. We didn't want to
7 roll it on the floor.
8 Q. Why not?
9 A. It looked like there were already roll
10 marks on the floor and I didn't want them disturbed.
11 Q. Okay. What did these roll marks look
12 like?
13 A. It looked like tracks from the wheels
14 of the vacuum cleaner. A series of bloody, wheel-roll
15 marks.
16 Q. Okay. Straight lines, somewhat?
17 A. Yes, sir.
18 Q. Okay. Mr. Cron, if you would, if you
19 would step down for just a moment, sir. Again, if you
20 will wait for everybody to come around.
21
22 (Whereupon, the witness
23 Stepped down from the
24 Witness stand, and
25 Approached the jury rail
Sandra M. Halsey, CSR, Official Court Reporter
2215

1 And the proceedings were
2 Resumed as follows:)
3
4 BY MR. GREG DAVIS:
5 Q. Let me ask you first to look at
6 State's Exhibit 43-B. Do you recognize that scene, sir?
7 A. Yes.
8 Q. And what does that show?
9 A. The vacuum cleaner lying on the
10 kitchen floor.
11 Q. State's Exhibit 43-B. What does that
12 show?
13 A. It shows drops of blood, shapes, in
14 the blood on the kitchen floor.
15 Q. Okay. Where the vacuum had been?
16 A. Yes. The area under the vacuum.
17 Q. Okay. Have we indicated on State's
18 Exhibit 43-B two what appear to be bloody footprints?
19 A. Yes.
20 Q. When Officer Mayne lifted up this
21 vacuum cleaner, could you see these two bloody footprints
22 where the vacuum cleaner had been, sir?
23 A. I could.
24 Q. Could you also observe blood drops
25 underneath where the vacuum cleaner had been?
Sandra M. Halsey, CSR, Official Court Reporter
2216

1 A. Yes.
2 Q. Could you also observe any broken
3 glass under this area, where the vacuum cleaner had been?
4 A. Yes.
5 Q. Do you see any on this particular
6 photograph here, 43-B? And if so, just point them out
7 for the members of the jury.
8 A. There is, they're a little difficult
9 to see because being clear glass, you can see some
10 reflections. Some of the pieces don't actually show up
11 on the photograph, but the little reflections show.
12 Q. Okay.
13 A. Some of the glass reflections from the
14 flash, you know, of the camera.
15 Q. Okay. Let me ask you: I want to talk
16 about these two bloody footprints. Did you find any
17 broken glass resting on top of the bloody footprints in
18 this area of the kitchen?
19 A. Yes.
20 Q. On top of it?
21 A. Yes. Bloody glass?
22 Q. No.
23 A. There was glass on it, but the glass
24 wasn't bloody.
25 Q. Okay. So, you have got glass without
Sandra M. Halsey, CSR, Official Court Reporter
2217

1 blood on it sitting on top of bloody footprints; is that
2 right?
3 A. Yes.
4 Q. Now, you had also indicated, Mr. Cron,
5 that you saw what appeared to be roll marks before the
6 vacuum cleaner was moved; is that right?
7 A. That's correct.
8 Q. Do you see anything on State's Exhibit
9 43-B that would demonstrate that for the jury?
10 A. This is one of the best examples in
11 this picture is this mark here. You can see where the
12 blood is displaced on the left and right here, it appears
13 to be a roll mark where the blood was -- it was displaced
14 by whatever rolled through it.
15 Q. When we -- let me give you an example.
16 If I am out on a roadway driving, the roadway is wet,
17 will the tires push it through, will it displace or push
18 the water to the sides?
19 A. Yes.
20 Q. Is that what you're talking about here
21 when you look at this roll mark here on 43-B?
22 A. Yes, that's why it's darker on both
23 sides, it's where the blood is spread out.
24 Q. Was this the only area here, that you
25 have pointed out on State's Exhibit 43-B, that you
Sandra M. Halsey, CSR, Official Court Reporter
2218

1 thought at that time might be a roll mark in that area of
2 the kitchen?
3 A. There was one other, I would have to
4 look at the series of pictures to see where it is, but
5 no, that wasn't the only roll mark.
6 Q. Okay.
7 A. This was one here, but there was some
8 other marks that appeared to me to be roll marks from the
9 vacuum.
10 Q. Okay. Are you certain that those roll
11 marks were present on this floor before Officer Mayne
12 lifted this vacuum cleaner up off of the floor, sir?
13 A. Well, we specifically discussed it.
14 He lift it up and set it aside, not drag it across the
15 blood. That would have defeated the purpose of being
16 careful at the scene.
17 Q. Okay. Thank you, sir.
18
19 THE COURT: All right. Ladies and
20 gentlemen, in view of the hour now, we will recess until
21 9:00 o'clock tomorrow morning.
22 Remember the same instructions as
23 always. Don't discuss this case among yourselves yet.
24 Do no investigation on your own. And if you hear about
25 it or see about it on the TV, or anything in the
Sandra M. Halsey, CSR, Official Court Reporter
2219

1 newspapers, please ignore it.
2 We will see everybody here at 9:00
3 o'clock tomorrow morning.
4 Thank you very much. Wear your juror
5 badges at all times.
6
7 (Whereupon, the jury was
8 thereby excused for the
9 day, to return on the
10 next day, January 16, 1997,
11 at 9:00 a.m.)
12
13
14 (These proceedings are continued to
15 the next volume in this cause.)
16
17
18
19
20
21
22
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2220

1 CERTIFICATION PAGE
2 THE STATE OF TEXAS )
3 THE COUNTY OF DALLAS )
4 I, Sandra M. Halsey, was the Official Court
5 Reporter of Criminal District Court Number 3, of Dallas
6 County, Texas, do hereby certify that I reported in
7 Stenograph notes the foregoing proceedings, and that they
8 have been edited by me, or under my direction and the
9 foregoing transcript contains a full, true, complete and
10 accurate transcript of the proceedings held in this
11 matter, to the best of my knowledge.
12 I further certify that this transcript of the
13 proceedings truly and correctly reflects the exhibits, if
14 any, offered by the respective parties.
15 SUBSCRIBED AND SWORN TO, this _____ day of
16 ___________, 1997.
17 __________________________________
18 Sandra M. Day Halsey, CSR

19 Official Court Reporter
20 363RD Judicial District Court
21 Dallas County, Texas

22 Phone, (214) 653-5893
23
24 Cert. No. 308

25 Exp 12-31-98
Sandra M. Halsey, CSR, Official Court Reporter
2221

1 STATE OF TEXAS )
2 COUNTY OF DALLAS)
3
4 JUDGES CERTIFICATE
5
6
7
8 The above and foregoing transcript, as certified
9 by the Official Court Reporter, having been presented to
10 me, has been examined and is approved as a true and
11 correct transcript of the proceedings had in the
12 foregoing styled cause, and aforementioned cause number
13 of this case.
14
15
16
17
18
19 __________________________________
20 MARK TOLLE, JUDGE
21 Criminal District Court Number 3
22 Dallas County, Texas
23
24
25
Sandra M. Halsey, CSR, Official Court Reporter
2222


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