It is reasonable in such a case to require the State to identify the alleged payor and payee in the indictment. He also acknowledged having several convictions for burglary of a vehicle, unauthorized use of a vehicle, possession of cocaine, theft by check, and assault. These cookies will be stored in your browser only with your consent. The requisites of an indictment now stem from statutory law alone. The first responders found Beard lying in bed holding his side. Celeste's conviction gave the kids a piece of their mother's inheritance an estimated $2 million because they were specifically listed in Steven's will, alongside his daughters from his first marriage. Google searches can provide inform. Kristina was living with appellant in Austin, but Jennifer lived with her father in Washington. Shortly before Beard's discharge, appellant told Tarlton that she was not going to hire home health care workers because she intended to reinfect Beard's wound. Tarlton denied this, but she acknowledged that she had a history of entering relationships with married women that ultimately failed. Appellant met Steven Beard in 1993 while working as a waitress at the Austin Country Club, where Beard was a member. Appellant told Tarlton that she put sleeping pills in Beard's food and replaced his vodka with Everclear, a product that is almost pure grain alcohol. We also find no abuse of discretion in the trial court's refusal to permit evidence of the Breaux incident. 1.05 (West 2005). Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. Pen.Code Ann. Okay? The testimony describing appellant's active social life weeks after Beard's death, like the other evidence of appellant's good spirits at that time, tended to show appellant's attitude toward Beard and her motive for being involved in his death. Janecka was a murder for hire case. He left around midnight. Now, call her and sit down and start. Counsel asked if he was being ordered to call Lofton, and the court said that he was. Section 3.04 [mandatory severance] does not apply to criminal episodes prosecuted under both this section and another section of this code. Tarlton helped appellant move Beard to the floor, then appellant placed a plastic trash bag over his head in an unsuccessful attempt to asphyxiate him. Thats why I think she got breast cancer, I feel like that was her karma.'. Cruz Captain lucky/v, Growing Tomatoes in Containers: Essential Tips for a Successful Harvest, Growing tomatoes in containers is a great way to enjoy homegrown fruits and vegetables without taking up too much space. Appellant argues that the indictment, both as filed and as amended, did not provide adequate notice of the accusation against her. Satterwhite opined that Beard died from septic shock resulting from the strep infection. 2. Pen.Code Ann. 28.10(c). Finding the evidence sufficient to corroborate the accomplice witness testimony, we overrule points of error four through nine. In the facility, Johnson befriends fellow patient Tracey Tarlton the woman who would later be convicted for playing a role in Steves murder. Appellant contends that the trial court erred by permitting the State to cross-examine Martinez regarding the details of his divorce from appellant. 804. Although the remark was crude, the trial court did not abuse its discretion by concluding that the probative value of the testimony outweighed any unfair prejudice. "I was devastated," said Celeste. rule 901(b)(4); see United States v. McMahon, 938 F.2d 1501, 1509 (1st Cir.1991) (applying Fed.R.Evid. A long time ago Steve had a beard, however due to people thinking it was a smile it was removed. They arrived at the Beard house at about 11:00 p.m. Grimm often spent the night at the Beard house with appellant's knowledge and permission, but appellant had told him earlier that he could not stay that night. During Celeste's trial, audio recordings of phone calls with her own daughters were played in which she admitted to hiring someone to kill Tracey, but she insists they were edited. at 820.3. . Appellant contends that the evidence is legally and factually insufficient to prove that Beard was murdered by shooting him with a firearm as alleged in the indictment. Id. Point of error seventeen is overruled. The evidence will be deemed factually insufficient to sustain the conviction if the proof of guilt is too weak or the contrary evidence is too strong to support a finding of guilt beyond a reasonable doubt. Kemmerer, 113 S.W.3d at 517-18. at 390. I want to first say I don't condone murder in any way. Evid. The marriage clearly was not perfect. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. Id. Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. After the shooting, appellant secretly remained in contact with Tarlton and attempted to keep Tarlton's name out of the investigation. They said that appellant was upset by the rumors that she was involved in Beard's death. During the summer and early fall of 1999, appellant regularly spent the night at Tarlton's house, gave a party on her behalf, and often spoke to her on the telephone. We review the trial court's decision to admit evidence for an abuse of discretion. This, too, was unusual, because Beard was very fond of the dog and had never been known to mistreat her. We also find no merit in appellant's complaint that the amendment of the indictment denied her the constitutional right to a grand jury indictment. Later that day, appellant, who did not know that they had already done so, instructed Kristina, Jennifer, and their boyfriends not to mention Tarlton to the police. For example, the spreadsheet shows that a call was made from cell phone A to cell phone B, the billing records for cell phone A confirm that the call was made to cell phone B, but the billing records for cell phone B do not reflect the receipt of the call. Evid. From Houston, appellant and Goodson continued on to Lake Charles, Louisiana, to visit a casino. ref'd). But Celeste vehemently denies any relationship: 'It wasnt like that. The court also did not abuse its discretion by concluding that the probative value of the evidence outweighed the danger of unfair prejudice. Out of the jury's hearing, the court told counsel that [Lofton] is the first one on your list, and you are going to call her. It was for the jury, as trier of fact, to resolve the conflicting expert opinions regarding the cause of Beard's death. Appellant met them there and told them that Beard did not wish to see them. It describes appellant as one of the most giving people in the world and her marriage to Beard as a caring relationship with a husband that absolutely adores her. The letter contains an account of appellant's difficult and traumatic life, including sexual abuse by her father, physical abuse by her first husband, and a number of diseases including ovarian cancer. The only thing Celeste deserves more than her prison sentence is an award for being the most manipulative and damaging mother and wife in Texas. at 572. Kristina went to the front of the house and looked outside. Appellant's efforts to impede the investigation of Beard's shooting, and her attempts to first protect Tarlton and then to kill her, also tend to connect appellant to the offense. The last cell phone number billed to Beard, shown in the spreadsheets as being used by appellant, was not identified by any witness. She gave him money to purchase a six-pack of beer at the convenience store. Obviously, this phone could not have been used by Beard, who died in January 2000. Ajvarski, Donkey's Ear, Gatherer's Gold, Jimmy Nardello, Lipstick, Melrose, Gypsy F1 hybrid, Mareko Fana, Stocky Red Roaster, Red Wonder, Little Bells and Sirenevyi are all discussed here. The trial court did not permit Ray to testify before the jury, and appellant complains that the court also refused to permit her to cross-examine Tarlton concerning her relationship with Ray. Although Kristina did not ordinarily have a curfew, appellant had instructed her to be home by midnight. Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. The spreadsheets were introduced pursuant to evidence rule 1006, which provides that the contents of voluminous writings, otherwise admissible, that cannot conveniently be examined in court may be presented in the form of a chart or summary. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. Appellant contends that her right to confront the witnesses against her was violated by rulings limiting her cross-examination of Tarlton and excluding evidence regarding Tarlton's relationship with a woman named Zan Ray. One of these numbers is identified as being Tarlton's home number, two as being Tarlton's work numbers, and two as being the Beard home phone numbers. To the contrary, it is clear from the record that the court would have quashed the indictment had the State not amended it. Her only child, daughter Bobbi Kristina Brown, who was just 19 at the time, inherited her. Because appellant's civil deposition was not hearsay when offered against her, rule 804(b)(1) was inapplicable and any noncompliance with the rule, including the incorporated requirements of chapter 39, was irrelevant. Appellant told her that someone was at the front door and asked her to investigate. By Following this cross-examination, appellant sought to introduce the transcribed statement Lofton gave to defense counsel in January 2003. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. What happened Steven Beard? Several witnesses saw no problems in Johnson and Beard's marriage, and DeGuerin alleged that Johnson's daughters lied on the witness stand because they would inherit less money if their mother was acquitted. First, it is important to choose the right type of planter and support system for your plants. at 735. A conviction cannot be had upon the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the offense. There, she met Tracey Tarlton, who was another female patient. Points of error twenty-nine through thirty-five are overruled. Id. 21.11 (West 1989). The other nine cell phone numbers were billed to Beard, but in the spreadsheets his name is attached to only one of the numbers. She told Tarlton, [H]e's an old man, he's going to die soon but not soon enough, and I'm just going to help him along wherever I can. Tarlton recounted a night in the fall of 1999 when she received a telephone call from appellant asking her to come to appellant's house. Appellant told Tarlton that she did not want to talk to her. Under the terms of Beard's will, appellant inherited the residence and lake house and one-half of Beard's other assets. Point of error twenty is overruled. Celeste says that if she's convicted, the twins would get a share of her inheritance an estimated $2 million each. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. At the end of the trial, Celeste Beard was convicted of capital murder. Goodson testified that during the trip to Houston for the rodeo, she and appellant were in their hotel room when appellant made the comment that Goodson had large breasts. She testified for the State at appellant's trial. Appellant was openly dreading the October trip to Europe with Beard. bu. Later that night, appellant came to Tarlton's residence and told Tarlton to park in a different location in order to avoid being seen by neighbors. They then drove around drinking the beer. Beard was originally taken to Brackenridge Hospital, where he was treated by Dr. Robert Coscia, a general surgeon and the hospital's director of trauma care. This ruling was within the scope of the court's discretion. The trial court did not permit Breaux to testify before the jury and did not allow appellant to cross-examine Tarlton about this incident. art. 403. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. 402, 403. 3:00 A.M. Prison lights come on. Point of error twenty-one is overruled. It is the latter protection that is asserted here. She told Tarlton that Beard was already in bed asleep, and assured her that the house would be unlocked and the security system would be off. There is no question that appellant's civil deposition was not taken in compliance with chapter 39. We first address the five land lines. Const. In late September, only a few days before the trip was to begin, appellant asked Tarlton to shoot Beard. A notorious black widow who conspired to kill her millionaire husband when he cut off her $35,000 a month allowance still insists she is 'not a murderer'. He was incredibly wealthy and, at 70, was significantly older than Celeste. 401. art. Beard was discharged and sent home with appellant on January 18, 2000. Already three-times married, Celeste, then 31, struck up a close friendship with the television tycoon who was worth around $12million. Point of error twenty-six is overruled. Beard remained in the hospital until December 7, 1999. Appellant argues that the statement was not hearsay because it was consistent with Lofton's trial testimony and was offered to rebut the charge of recent fabrication. Id. 'I could spend it however I wanted, I would have diamonds. Necessary cookies are absolutely essential for the website to function properly. 3. I, 10. The trustee testified that appellant's trust was depleted within six months of its creation. When Tarlton mentioned that her shotgun would automatically eject the spent shell, appellant promised that she would find the shell and dispose of it. ref'd). art. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. Beets, 767 S.W.2d at 734. However, you may visit "Cookie Settings" to provide a controlled consent. 351. Moreover, amending to allege that remuneration included the estate of Steven Beard and the assets of a trust created by Steven Beard was entirely uninformative. The children asserted that appellant was responsible for Beard's death and sought a temporary injunction to prevent appellant from wasting the assets of Beard's estate. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. Pen.Code Ann. Tarlton said that she and appellant remained in contact during the weeks following the shooting. So I said I would do it,' Tracey explains. I, 10; Tex.Code Crim. Appellant cites Janecka v. State, a capital murder case in which the indictment alleged that the defendant committed the murder for remuneration and the promise of remuneration, namely, money. 739 S.W.2d 813, 816 (Tex.Crim.App.1987). Proc. I, 10; Tex.Code Crim. See Wright v. State, 178 S.W.3d 905, 917 (Tex.App.-Houston [14th Dist.] V, XIV; Tex. Appellant has identified a relatively small number of instances (but she claims there could be more) where the spreadsheets show that a call was made between two phones, but the call is documented in the billing records for only one of the phones. The State argues that if appellant had raised the issue earlier, the punishment phase of trial might have been unnecessary, thus saving judicial resources. The phone records show that approximately fifty calls were made between this phone and another cell phone belonging to Tarlton from January 8 to January 26, 2000. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. Nevertheless, appellant contends that rule 1006 was misused in this cause because the spreadsheets did not accurately summarize the actual billing records and contained additional, unsupported material that was no more than the State's view of the case masquerading as evidence. Leal v. State, 782 S.W.2d 844, 852 (Tex.Crim.App.1989); and see Duff-Smith v. State, 685 S.W.2d 26, 33 (Tex.Crim.App.1985) (defendant's extreme haste to enjoy the fruits of [deceased's] estate considered corroborative of accomplice testimony). Bayardo was of the opinion that these emboli, or blood clots, had formed in Beard's legs as a result of the months of inactivity following the shooting. Id. We also use third-party cookies that help us analyze and understand how you use this website. The court told her, I'm angry because I'm seeing two different stories that you've told the State and what you've told the Defense. The court told Lofton, [W]e're not playing games in here, and warned her, I just want to let you know that you do have to tell the truth and that if you don't tell the truth that you are subject to being charged with perjury. But the cause now before us is not a murder for hire case. I had over half a million dollars in jewellery. She found the gate open as planned. Appellant promised to do so. See U.S. Const. Point of error twenty-eight is overruled. She had the limousine stop in a shopping center owned by Beard, entered one of the stores, and told the employees that she was now the owner and they could kiss her ass like they kissed Steve's ass.. Coscia removed a large portion of Beard's colon and created an ileostomy. This is the result of aggressive prosecutors, and failed defences. Tarlton was arrested on October 8, 1999, and charged with injury to an elderly individual. Two months later, the case was non-suited and the cause was dismissed. P. 44.2(b). But this argument has no merit because appellant's objection came before the punishment phase began. Evidence that Beard had once filed for divorce tended to show that appellant had a reason to fear that Beard might divorce her in the future and thus to hasten his death before he could do so. She met Tracey Tarlton, a lesbian, testified that appellant 's request, but she changed mind! 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