Video of Darlie Routier celebrating son's birthday at grave played at trial: Part 8

The local news video of her celebration played into the trial. The defense disclosed that police had also placed recording devices at the gravesite, possibly violating federal law.
7:09 | 05/11/19

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Transcript for Video of Darlie Routier celebrating son's birthday at grave played at trial: Part 8
Who would do this? I think if I lived to be 100 years old, I will never be able to tell step by step of everything that happened that evening. They just stabbed me and my children. Hold on, honey! Hold on! Hold on! It was important to our case to call the first responding officer, David Waddell, from the Rowlett police department, because he told the jury what Darlie routier was doing when they got there. There is a police officer at your front door. Is your door unlocked? Where's the ambulance? They're bleeding, hurry! They're going to be dead. Please hurry! It was about 2:30 in the morning. The call came out as a stabbing. I could see Darlie routier standing in the back of the house in the family room talking on the telephone. Oh, my god, oh, my god! One of the boys is laying on the floor, and he looks up at us. He's got his eyes open, and he's trying to breathe. I told her that she needed to help him, but she just wouldn't help him. Told her to get some towels and try to stop the bleeding, and she never tried to help him. I'm crouched down by Devon looking up and seeing this police officer and when he looks at me, he has a deer in the headlight look on his face. I'm yelling at him wanting him to help, pointing at Damon and saying, "Give him cpr," and he didn't move. Starting with Waddell and that 911 call, there's a definite effort to classify Darlie as a non-caring mother. Anything that can possibly be used against Darlie, the prosecution tossed it out here. Uer our criminal justice system, every defendant starts out with the presumption of innocence. That person sitting at council table, they are innocent of the crime charged. Period. Until the jury decides beyond a reasonable doubt that they're guilty. If any one thing convinced the public there was something wrong with this woman, it was the silly string tape party. Greg Davis plays that video for the jury, and he says, "Here's a woman who has just lost her children, and she's literally dancing on their graves." I didn't think there was anything wrong with it, and I still don't think there was anything wrong with that. People can say what they want to say about that, but that was nothing more than me being able to tell Devon happy birthday. There's many ways to mourn the loss of a child or parent, but having a birthday party and throwing silly string around in a graveyard? I found it very repulsive that she would do that. "They would've loved this." No, they wouldn't have loved this, 'cause if it hadn't been for you, they wouldn't be in that spot in the first place. The prosecution has been on a roll here. Not anymore, the lawyers for the state have been knocked back by a big surprise sprung by the woman's lawyer, Doug Mulder. Mulder put the lead case investigator, Rowlett detective Jimmy Patterson, on the witness stand. Why do you wanna call detective Patterson as a defense witness? Why don't you ask detective Patterson or come back Monday and you'll find out. I wanted to call him today. He's a pretty hostile witness to you, don't you think? Well, I don't know if he's hostile now, he might be hostile when I'm through with him. The defense was about to reveal a bomb shell about the tactics of the police with a piece of evidence that had not been revealed. They started to testify about some of the things that they knew, and when detective Patterson was questioned as to a memorial service that was held for the boys -- He says, "I'm not gonna talk about that. I take the fifth amendment." My jaw almost dropped. I'd never in 20 years ever heard a detective taking the fifth amendment. Patterson faced with this issue took the fifth amendment and would not testify. We called his second detective, and he takes the fifth amendment and won't testify. These are the lead investigators, and the state has not called them. Why is that? The reason prosecution didn't call Patterson to the stand? There is a moment that few knew about, a memorial that took place before the silly string video. That morning, the police set up surveillance and mic'd the grave for sound and had a camera in a van nearby recording activities at this memorial service. And apparently, they thought somebody was going to stand over the children and confess. The issue here is did they illegally place recording devices at the grave site and so the question became, was this a legal act? Ultimately the cops were not charged with any crimes for the recording devices at the gravesite. We had scheduled a prayer service at the cemetery, and we prayed, and we cried, and we loved each other. Rowlett investigators basically planted a wire. They may have violated federal law by doing that because people at a gravesite have a reasonable expectation of privacy. Protoekt them and father, pray they're rejoicing -- When you take the fifth means you have some culpability somewhere, or you're afraid you do. And detective Patterson was afraid that what they had done was illegal. That evidence was never presented. The jury never saw that. You have to wonder what would have happened if the jurors had seen the other video, which showed another side of Darlie. Particularly in a close case, jurors wanna see the defendant take the witness stand. The word was out. The mother accused would take the witness stand. The people came and they kept coming, until the court room was packed. All of that stuff that had been out about what she had said and done already needed to be answered. There's always been a lot of discussion about the decision to have Darlie testify. Darlie's decision to take the stand at trial, in hindsight, probably was not a good idea.

This transcript has been automatically generated and may not be 100% accurate.

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