She also had the additional conviction of injury to an elderly individual levied on her. Point of error twenty-three is overruled. Tarlton testified that the other cell phone billed to her was purchased in January 2000 after appellant's daughters changed all of the Beard telephone numbers. Ann. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. Appellant raised the double jeopardy issue in the trial court after the jury's guilty verdicts were returned but before the punishment phase began. In July 1999, appellant hosted a party for the store's employees at the Beard lake house. Finding the evidence sufficient to corroborate the accomplice witness testimony, we overrule points of error four through nine. In such a case, the existence of a culpable promisor is not required to establish remuneration. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. A criminal defendant is constitutionally entitled to confront the witnesses against her. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. Appellant suggested that Tarlton shoot Beard in the stomach, as that would be less messy. the defense argued that tracey was crazy and a pathological liar and should not be trusted but the same could also be said for celeste. She also contends that the court erred by refusing to admit evidence of Lofton's prior consistent statement to rebut the State's claim of recent fabrication. 'I didnt hang around her as much as she would like everyone to believe I did.'. According to Lego Club Magazine, Steve and Alex are dating. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. 1.05 (West 2005). The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. Appellant told Tarlton that she dreaded the trip and feared that Beard's emotional abuse would cause her to kill herself while on the trip. The Double Jeopardy Clause does not impose a limitation on the legislative prerogative to prescribe the scope of punishment. But given the brevity of the testimony and the volume of other admissible evidence, we are persuaded that any error in the admission of this testimony over appellant's rule 403 objection was harmless. She also complains of the admission in evidence of the petition and decree from that divorce. Contrary to the allegation made in point of error one, the trial court did not overrule appellant's motions to quash the original indictment. Appellant was deposed by counsel for the plaintiffs in August 2000. This inference is also supported by evidence that by April 2000, the twins were estranged from appellant and no longer lived or communicated with her. The cookie is used to store the user consent for the cookies in the category "Performance". After the funeral, appellant was again in a good mood. Kemmerer v. State, 113 S.W.3d 513, 518 (Tex.App.-Houston [1st Dist.] They agreed to keep Megan with them at the lake house that night. The Fifth Amendment indictment clause does not apply to the states. Point of error two is overruled. Gonzalez v. State, 8 S.W.3d 640, 643 (Tex.Crim.App.2000). Appellant, who seemed nervous and distracted, left the lake house sometime after 10:30 p.m. That same night, Kristina and Grimm went to dinner and a movie. You will have a far clearer perspective than you could ever get from an hour long crime show. She thought her friend was in danger and wanted to help her, and they attempted to kill him several times before Celeste took drastic action. Indeed, appellant was generally uncooperative with the police and encouraged her daughters and their friends to be the same. Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. She further argues that by permitting the State to amend the indictment, the court violated her constitutional and statutory right to have all material accusations presented to a grand jury. Hurtado v. California, 110 U.S. 516, 520 & 538, 4 S.Ct. Without knowing this, Tarlton gave the shotgun to the police when they came to her house to question her. Following this cross-examination, appellant sought to introduce the transcribed statement Lofton gave to defense counsel in January 2003. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (attempts to suppress or fabricate evidence admissible as indicating consciousness of guilt). Celeste says that if she's convicted, the twins would get a share of her inheritance an estimated $2 million each. Already three-times married, Celeste, then 31, struck up a close friendship with the television tycoon who was worth around $12million. 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. Proc. Because he found no indication that the shotgun wounds were infected, Petty also believed that the infection began in the groin area and was unrelated to the wounds Beard suffered on October 2. 401. State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] She was sentenced to life in prison. Ex parte Ervin, 991 S.W.2d 804, 807 (Tex.Crim.App.1999). Doose and Grimm testified that they, together with Kristina and Jennifer, were present when appellant had an emotional breakdown about two weeks after Beard died. In the corner of the garden was a little fountain, and in the fountain there was a little tiny medallion that was the face of Steve Beard. Appellant told Tarlton they had it included in the painting because they didn't want to hurt his feelings and they could just paint over it when he died.. Coscia testified that Beard did not look that bad, but he decided to admit him to the hospital for treatment of a significant yeast infection in his perineum or groin area. Beard made plans to spend three weeks in Europe with appellant in October 1999. 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 contends that her convictions for both capital murder and injury to an elderly person constitute double jeopardy. Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. The billing records reflect that two of the cell phone numbers were billed to Tarlton. Pen.Code Ann. Ann. She is connected to a well-known Travis County murder case through her mom, Celeste Beard, who is . Ann. Then he walked to the front of the house to admit other emergency workers and encountered appellant and Kristina. Applying the relevant standards of review, we find that the evidence is legally and factually sufficient to support a finding beyond a reasonable doubt that Tarlton murdered Beard for remuneration. His friends believed that Celeste was only after his money, but the couple wed in 1995, with Celeste having left her then husband and moved her two daughters in with Steven following just six months of dating. But despite the evidence against her, including testimonies from her own daughters who recalled how she manipulated them, Beard continues to protest her innocence. Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. 7.02(a)(2). They immediately gave him Tarlton's name. Appellant's daughters were aware of her relationship with Tarlton. On the morning after the party, Kristina and her boyfriend, Justin Grimm, went to the lake house to clean up and found appellant and Tarlton together in bed. Having overruled all of appellant's points of error, we affirm the judgments of conviction. Thus, argues the State, the letter was relevant to show appellant's consciousness of guilt. Points of error ten and eleven are overruled. (quoting McManus v. State, 591 S.W.2d 505, 513 (Tex.Crim.App.1979)). Satterwhite noted that blood tests taken on the morning of January 22 indicated that Beard had a group A streptococcal infection. Appellant urges that the trial court erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence. Because it is undisputed that appellant's two convictions are based on the same conduct, if there is a double jeopardy violation it is apparent on the face of the record. See Torres v. State, 794 S.W.2d 596, 598 (Tex.App.-Austin 1990, no pet.) About the Movie Based on a true story, multimillionaire Steven Beard (Eli Gabay), a retired broadcasting executive, who fell hard for Celeste (Julie Benz), an attractive waitress who served him his nightly cocktail at the local country club in Austin, Texas. Black acknowledged this anomaly in the billing records and could not explain it. We will first describe the spreadsheets in greater detail, then address each of the alleged inaccuracies. class="algoSlug_icon" data-priority="2">Web. In a legal sufficiency review, all the evidence is reviewed in the light most favorable to the verdict, and it is assumed that the trier of fact resolved conflicts in the testimony, weighed the evidence, and drew reasonable inferences in a manner that supports the verdict. 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. Id. In six points of error, appellant urges that the State failed to corroborate the testimony of Tracey Tarlton, the accomplice witness whose testimony is essential to support the convictions. When Tarlton tried to drive away, Breaux jumped in front of her car and was struck. But if Celeste goes free, Steven Beard's will calls for the girls to get significantly less. There is a special pain that comes from knowing that the children you gave birth to and loved are now trying to hurt you. This statute plainly authorizes multiple punishments when a defendant's conduct violates both section 22.04 and another penal code section. Goodson said she counseled patience and asked appellant for more money. Bayardo testified that Beard also had bronchopneumonia and sepsis resulting from an infection that began in the lungs. The trial court did not permit Breaux to testify before the jury and did not allow appellant to cross-examine Tarlton about this incident. Tarlton was arrested on October 8 after ballistics tests showed that the shell found in Beard's bedroom had been fired by her shotgun. 'I could spend it however I wanted, I would have diamonds. Another thirty-five calls were made between these phones from January 27 to June 15, 2000. Our examination of the spreadsheets confirms that for every call shown as being made to a land line, there is a corresponding call made from a cell phone. at 839. See Tex. Celeste was 32 years old when she married Steve Beard. These witnesses were permitted to testify to their professional assessments of Tarlton's mental health, but appellant was not allowed to question them about statements Tarlton made to them regarding the Breaux incident. Beard's colon was seriously damaged and posed an infection risk. Questioned about Tracey's version of events, the prisoner says: 'Well thats not true. 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. Kristina said that she awoke later that night and saw appellant standing in the doorway of her bedroom. There is evidence that Beard had a rash in his groin area at the time of his discharge from HealthSouth. Article 38.14 is satisfied if the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense. When asked by her daughters why she was talking to Tarlton, appellant denied doing so. After the record was filed, appellant filed the brief raising the points we address in this opinion. Goodson testified that appellant slept all day and partied all night. Goodson accompanied appellant on her frequent visits to Austin night spots and said that appellant became involved with several men, including a bartender named Cole Johnson who appellant later married. A consistent statement made after the motive to fabricate arose does not rebut the charge. He testified that the shotgun wound was doing quite well, and there was no reason to suspect that he would die of that at all. Petty agreed with Satterwhite that Beard's death was caused by septic shock resulting from the streptococcal infection. Appellant's initial appellate brief contained three points of error challenging the trial court's determination that she was not indigent and refusal to order the preparation of a free record. Appellant's final complaint regarding the spreadsheets concerns the names associated with the various phone numbers. Appellant argues that the indictment, both as filed and as amended, did not provide adequate notice of the accusation against her. The teenagers naturally accepted the offer. The jury assessed life . When Ray's husband committed suicide, Tarlton was very supportive and the two women soon began a romantic relationship. . Id. Evid. I had over half a million dollars in jewellery. There is no dispute that the requisites of rule 1006 were facially satisfied: the phone records were voluminous, admissible, and made available to appellant for examination and copying. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The following day, the officers found a sign posted outside Beard's hospital door saying, No visitors including police. The sign also stated that no visitors were allowed except when appellant was present. At about 8:00 a.m. on January 22, Beard's chest pain worsened, his pulse rate went up, his blood pressure fell, his temperature spiked to over 102 degrees, and he became delirious. The court of criminal appeals held that the indictment did not give the defendant adequate notice because it did not allege the name of the person providing the remuneration. 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. This year, many gardeners are looking for new varieties of tomatoes to try out in their gardens. Katina Lofton was called as a defense witness to testify regarding statements Tarlton made to her while both women were incarcerated in the county jail. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. They acknowledged that the members of the Beard household sometimes used each other's cell phones. Although the secret phone belonged to Tarlton, there was testimony that it was regularly seen at the Beard house and in appellant's possession. 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. Points of error twelve and thirteen are overruled. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. In fact, appellant was shown to have regularly tampered with Beard's food and drink in a manner that was dangerous to his health. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. Evid. Point of error eighteen is overruled. The letter says that appellant befriended Tarlton because she had suffered similar trauma issues, and that she had made it clear to Tarlton that their friendship was nothing more than that. The letter laments that [b]y the time we all started to see the signs of Tracey being obsessed with Celeste it was obviously too late. The letter concludes by saying that appellant trusted someone who is crazy and feels tremendous guilt over the entire situation even though Steven has told her not to give it another thought. The letter pleads with Copelin to treat appellant fairly in his stories. This Court has written that it is not inherently improper for a trial judge to advise a prospective witness of the penalties for perjury. art. Id. Haughton v. State, 805 S.W.2d 405, 408 (Tex.Crim.App.1990). Montgomery v. State, 810 S.W.2d 372, 390 (Tex.Crim.App.1991) (op. Ninety-four calls totaling 389 minutes were made between these phones from October 2, 1999, through January 26, 2000. 1431, 89 L.Ed.2d 674 (1986); Carroll v. State, 916 S.W.2d 494, 497 (Tex.Crim.App.1996). Eventually, they returned to the convenience store and Tarlton parked. I don't care what the truth is.. Proc. She argues that Beard's death was the result of an infection unrelated to the shooting. Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. Point of error twenty-five is overruled. Celeste says that if shes convicted, the twins would get a share of her inheritance an estimated $2 million each. In fact, appellant spoke to Tarlton several times on the day of the shooting. 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. Point of error fourteen is overruled. 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. 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. 1 Did Celeste Beard daughters inherit money? amends. With so many varieties available, it can be hard to decide which one is best for your climate and taste preferences. The conduct proscribed by section 19.03(a)(3) includes the killing of another person in order to receive, or for the purpose of receiving, some benefit or compensation. In that case, the State introduced a purported summary of the defendant's violent criminal history for which there was no supporting documentation. Goodson testified that appellant began dating soon after Beard's death and saw several men socially, both in Austin and in Houston. This evidence was also relevant to motive. On February 10, 2000, Goodson went to the Houston rodeo with appellant. In this way, she caused Beard to pass out, leaving her free to spend nights away from the house. Satterwhite believed that the strep entered Beard's body through the groin infection, and that Beard's death was not related to the shotgun wound. Tex.R. filed). Natalie Corner For Mailonline Annetta Black, a forensic analyst employed by the State, prepared six spreadsheets summarizing these records, which were introduced in evidence as State exhibits 179 through 184. A far clearer perspective than you could ever get from an hour long crime show money she was talking Tarlton! Out, leaving her free to spend nights away from the house which one is for! 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