By Holly Becka / The Dallas Morning News
Members of a state board voted 5-4 Saturday evening to revoke the
professional certification of the court reporter in Darlie Routier's capital
murder case.
The Court Reporters Certification Board met in Austin in a special session
to consider a complaint against Sandra Halsey, one of its members, stemming
from her transcript of Ms. Routier's trial.
State District Judge Robert Francis previously had deemed Ms. Halsey's
transcript flawed and recommended that a new version prepared by a
court-appointed expert be used in Ms. Routier's appeal. The Court of
Criminal Appeals still must decide whether the new version may be used.
Officials said the revocation of a court reporter's certification was rare.
The court reporting profession's "strength is how it polices itself," said
board chairman Sid L. Harle, a district judge in San Antonio. "This wasn't a
proud moment."
Ms. Halsey resigned from the board Saturday evening, before it began
considering her possible disciplinary action. The revocation of her license
will not effect the status of Ms. Routier's appeal, attorneys said.
"Of course, I'm devastated," she said after the daylong hearing. "I just
feel like my life these last two years has been a living hell."
She admitted Saturday that she lied to Judge Francis about the existence of
audiotapes in Ms. Routier's trial, which expert Susan Simmons later used to
make the new record.
But, Ms. Halsey testified that she had not known when she testified during a
fall 1998 hearing that tapes she made of the trial actually had recorded the
proceedings. She believed they contained nothing but static, she said.
She told the board that she didn't readily admit the existence of the
audiotapes because she feared angering the judge and that her own errors
would force a new trial for Ms. Routier.
"I didn't know what to do, and I was dishonest with him," she said.
She took Dallas County prosecutor Lindsey Roberts to look for the tapes at
her public storage facility after she was granted immunity from perjury
prosecution.
Mr. Roberts testified Saturday that Ms. Halsey told him she had become
alarmed when she saw differences between the note she gave to jurors about
testimony from Ms. Routier's husband, Darin, and what the transcript later
showed Mr. Routier's testimony to be. Her daughter, Susie Crowley, had used
audiotapes to help Ms. Halsey prepare the transcript that contained Mr.
Routier's testimony.
"It scared her and she thought something like that would cause a reversal .
. . and she decided to do what she did," Mr. Roberts testified.
Tragic occurrence
Mr. Routier said Saturday he was not surprised by the board's decision and
that it was just another tragic occurrence in the case.
"No matter what they try to do with this record, they can't undo what she
[Ms. Halsey] did as far as giving jurors the wrong testimony on what I
said," Mr. Routier said.
Mr. Routier said that, despite everything, his family doesn't harbor ill
feelings toward Ms. Halsey.
"We, more than anyone, know how it is for people to be judgmental about you,
and I wish not to do that," he said. Prosecutors have previously conceded
that jurors might have received inaccurate information from Ms. Halsey when
she read back portions of testimony during their deliberations. But they
said they believe the inaccuracies were minor and that Ms. Routier received
a fair trial.
Ms. Routier was convicted and sentenced to death in February 1997 for the
capital murder of her 5-year-old son, Damon. His brother, Devon, 6, also was
killed in the stabbing attack that Ms. Routier insists was carried out by an
intruder in her family's Rowlett home. Sunday marks the third anniversary of
the boys' death.
Court reporter Jerry Callaway, a former board member, said it had been
difficult for him to lodge the complaint against Ms. Halsey, whom he
considers a friend. But he said he felt he needed to after reviewing random
parts of Ms. Halsey's notes and transcript and discovering discrepancies.
Review of transcript
That review was prompted by concerns expressed by Ms. Routier's appellate
attorneys, and it led to a full-scale review of the transcript by Ms.
Simmons.
Ms. Simmons testified Saturday that she made more than 18,000 corrections on
about 6,000 pages of Ms. Halsey's transcript of the guilt-innocence and
punishment phases. She said there were typographical errors, misspellings,
misidentifications of speakers, omitted words and incorrect words.
In one instance, Ms. Halsey's transcript said Ms. Routier had "kissed" her
children when the witness was heard testifying on the audiotapes that Ms.
Routier "cussed" her children, Ms. Simmons testified. Ms. Simmons is
reviewing the jury selection portion of the transcript.
"It's a hollow victory," Mr. Callaway said afterward. "I hate to see
anybody's license taken away, but it had to be done to protect our
profession so that litigants can be assured that that court reporter is
going to do their job properly.
"Ms. Halsey's actions [in Ms. Routier's case] will cause attorneys,
litigants and judges to scrutinize the court reporter's record more than
they ever have in the past."
Ms. Routier's transcript was originally due to the Court of Criminal Appeals
in June 1997. Ms. Halsey was granted several extensions before the court
filed a contempt judgment against her in March 1998 for not filing the
record. It was filed in April 1998.
Peg Liedtke, board executive secretary, said Ms. Halsey could appeal to a
Dallas County district court and that she may continue to work on any
transcripts she has yet to file. She is not allowed to serve as a court
reporter in any new cases, and she may not take another test to become
recertified, she said.
George R. Milner, Ms. Halsey's attorney, said he would speak with her later
to assess whether she should seek an appeal.
"I'm not sure," he said. "She's depleted emotionally and financially."
http://www.dallasnews.com/metro/0606met100halsey.htm
Desilets
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> Review of transcript
>
> That review was prompted by concerns expressed by Ms. Routier's appellate
> attorneys, and it led to a full-scale review of the transcript by Ms.
> Simmons.
>
> Ms. Simmons testified Saturday that she made more than 18,000 corrections on
> about 6,000 pages of Ms. Halsey's transcript of the guilt-innocence and
> punishment phases. She said there were typographical errors, misspellings,
> misidentifications of speakers, omitted words and incorrect words.
>
> In one instance, Ms. Halsey's transcript said Ms. Routier had "kissed" her
> children when the witness was heard testifying on the audiotapes that Ms.
> Routier "cussed" her children, Ms. Simmons testified. Ms. Simmons is
> reviewing the jury selection portion of the transcript.
>
"...Ms Routier 'cussed' her children....." ???????? These kids were 5
and 6 years old! I think that's a critical statement regarding her
attitude towards her children. I wonder what other ways she abused them?
cq
<<
Well, her transcript wasn't accurate, but in this particular example the
*corrected version* shows Darlie in a worse light than before:
**That's one. There were 18,000 corrections made. Pretty scary when you think
about it. Ms. Halsey said she was afraid that one of the mistakes she had made
was enough to overturn the trial, so she liked about having audio tapes. Don't
you find that worrisome?
jb