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CNN Death Row Stories October 4, 2015 03:16:00

Penalty in this case. davis would only try darlie for damon s death, since victims under age 6 qualify for the death penalty. the reason they try for one murder, is if she s found innocent they can try her for the second one. that s a way for the state to load up a double-barrel shotgun. given the media circus in dallas the trial was moved to kerrville, texas. why that was agreed to is really unfathomable to me. the second chair on darlie s defense was raised in kerrville. doug mulder always says to me, mosty, if i ever get murdered, i want you to promise that my murderer will get tried in kerr county. on january 6, 1997, darlie s trial began. her family who had all been called as witnesses were banned from the court. but darin s aunt sandy slipped ....

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CNN Death Row Stories October 4, 2015 03:28:00

the preacher was there, family was there. prayers, crying. emotion you would expect, all appropriate behavior. i have silly string. her sister brought the silly string. it wasn t darlie s idea. this was my son s birthday, devon s birthday, and my sister and her boyfriend went and got silly string. he loved silly string. we did for them what devon didn t get to have and what we knew that he would want and enjoy. they took that, and they twisted it and they turned something that was supposed to be beautiful and tried to make it into something very ugly. when doug mulder brought up the tape during the trial, the detectives who were asked about it pled the fifth. we had a lady on death row in texas who in the course of ....

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CNN Death Row Stories October 4, 2015 03:39:00

Hurt. did it make you think that maybe he could have been behind this? this made me have a lot of questions. while any case against darin would have been purely circumstantial, that didn t explain why doug mulder hadn t fended off some of the circumstantial evidence against darlie who was facing death row. really the biggest failure was the failure to use any forensic testing to advance the defense on darlie s behalf. the primary evidence, i think, was probably the strongest forensic evidence that the state had. the state contended that fibers found on a bread knife in the routiers kitchen matched the slashed window screen. they didn t do any testing to exclude any other sources for that fiber or to pin it down to the screen and only the screen. ....

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CNN Death Row Stories October 4, 2015 03:30:00

Well, the most logical culprit of that, if it s not an intruder would be the husband or darin. in addition to defending darlie, doug mulder had represented darin in his gag order case. we ve alleged in several appellate pleadings that mr. mulder was suffering from a conflict of interest. at the time that doug mulder represented darlie, he had a continuing duty to protect darin. i was in the room when mulder and darin had that conversation. darin had said, you know, well, i don t want them going after me, because i didn t do anything. and mulder said, well, you didn t do anything, i don t see any reason to go after you. and that was that. be very difficult to point a finger at darin, when the person on trial said my husband s not involved. at that time, that was just absurd to me. it was, i didn t even want to hear anything like that. ....

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CNN Death Row Stories October 4, 2015 03:29:00

Litigation the only three people who took the fifth amendment were the two lead detectives and the court reporter. the question for cooper was, why hadn t mulder shown this second videotape to the jury. i don t know why they didn t show the tape. he said put it in if you want, but they never did put that portion of the tape in. i think it was a huge mistake not to show the jury this memorial service. i think it would have effectively nullified any impact the silly string video had. as he continued to build darlie s appeal, cooper was confronted with another question. why had mulder never raised darlie s husband darin as a possible suspect. let s be practical about this. there are two adults in this house and two dead children. and darlie is sliced and cut and beat severely. ....

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