7.03 (West 2003). Evid. 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. Evid. In addition to asserting that the exhibit was inadmissible under rules 403 and 404(b), appellant urges that the letter was hearsay and not properly authenticated. Stay up-to-date with how the law affects your life. Appellant had also given Lofton a gift of stationery and envelopes, and a friend of appellant had put $50 in Lofton's prison commissary account. 3:00 A.M. Prison lights come on. The State did not seek the death penalty for the capital murder, and the district court sentenced appellant to life imprisonment. Exhibits 179 and 180 show all of the calls made to or from the billed numbers. In July 1999, appellant hosted a party for the store's employees at the Beard lake house. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? Tarlton ultimately pleaded guilty to murder and agreed to cooperate with the State in exchange for a twenty-year sentence. On the other hand, appellant makes no argument in support of her assertion that the letter was prejudicial extraneous misconduct evidence. 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. The teenagers naturally accepted the offer. 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. 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. 1.05 (West 2005). In a factual sufficiency review, all the evidence is considered equally, including the testimony of defense witnesses and the existence of alternative hypotheses. . Appellant argues that the trial court abused its discretion by refusing to allow her to cross-examine Tarlton and the mental health witnesses about the reasons she committed herself to St. David's, or to offer Ray's and Breaux's proffered testimony about this subject. They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. Assuming that such proof was necessary, we find that the evidence is legally and factually sufficient to supply it. 'I was shocked and resistant but it became more and more pressing for her and she became more and more threatening about it and I finally thought if he doesnt die shes going to die. She encouraged one of her daughters to spend the night of the shooting at the Beard lake house, and she took the dog that always slept with Beard to the lake house that night. On January 19, appellant called Dr. Coscia to complain about the quality of care Beard had received at HealthSouth. The evidence also tended to rebut the defensive theory that appellant, like Beard, was a victim of Tarlton's obsessive behavior. Point of error twenty-five is overruled. Article 38.14 is satisfied if the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense. Lofton admitted receiving $200 from appellant during the summer of 2002, about one year before appellant's trial began. She said that if Beard did not die immediately, she would wait for him to bleed to death before calling the police. While Celeste is now behind bars for her husband's murder, she did not shoot Beard that October night. These issues became moot when other arrangements for payment were made. When it was suggested to appellant that Tarlton might cooperate with the police, appellant spent over $12,000 in an attempt to hire someone to kill Tarlton. Kemmerer, 113 S.W.3d at 517-18. I was attracted to her energy. In a criminal case, the party against whom the testimony is offered must have had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination at the prior hearing. Id. Moreover, appellant had already received and spent the $500,000 to which she was entitled upon divorce under the terms of the marital agreement, and thus she could have been left with nothing had Beard divorced her. At the end of the trial, Celeste Beard was convicted of capital murder. During the Lake Charles trip, appellant told Goodson that her attorney had said it would take two pieces of evidence to indict somebody for murder, one would be the gun and the other would be Tracey [Tarlton]. Goodson remarked that Tarlton might be cooperating with the police. "I was devastated," said Celeste. Having overruled all of appellant's points of error, we affirm the judgments of conviction. Zuniga, 144 S.W.3d at 484-85; see Johnson, 23 S.W.3d at 11. See Tex. The admission of this testimony was not an abuse of discretion. And I just felt real bad for her, and from what I knew, he was a terrible man and he wouldn't let her up.. Appellant's cross-examination of Tarlton consumes over three hundred pages of the reporter's record, and much of it concerned Tarlton's psychiatric history. Defense counsel objected, I think you came down on this witness, you intimidated the witness The court responded, When I know that somebody is going to come in here and lie, I need to read them the riot act and let them know that whatever they've told in the past they need to get up here and tell the truth, and I'm going to have her swear on the Bible. Their marriage drew raised eyebrows not only from the community, but also from Celeste's twin daughters, Kristina and Jennifer, who said their mother married Beard only because of his money. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). See Ex parte Thompson, 179 S.W.3d 549, 555-57 (Tex.Crim.App.2005) (construing penal code sections 7.02(a)(2) and 7.03). Appellant's reaction to the bank's proposal was relevant to the question of her motive. I, 10. It was undisputed that Tarlton's renewed drinking and her assault arrest led her to enter St. David's Pavilion in the fall of 1998, where she later met appellant. She gave him money to purchase a six-pack of beer at the convenience store. You also have the option to opt-out of these cookies. The billing records for eleven cell phone numbers, all billed to either Beard or Tarlton, were introduced in evidence as State exhibit 185. Another thirty-five calls were made between these phones from January 27 to June 15, 2000. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. The State's evidence is not so weak or the defensive evidence so strong as to preclude the jury from finding beyond a reasonable doubt that Beard died as a result of the shotgun injury. Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. 1995 Johnson married twice more before meeting Steven Beard while she was a waitress at a country club in Austin, Texas. art. Two months later, the case was non-suited and the cause was dismissed. 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's colon was seriously damaged and posed an infection risk. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000). A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. 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. ref'd) (inclusion of certain conclusions and characterizations did not render record summaries inadmissible). Officer Paul Knight spoke to the young people at the hospital and asked them if they knew who might have shot Beard. Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime. As another court of appeals has explained, however, chapter 39 applies to the use of civil depositions in criminal proceedings only through rule 804(b)(1). Id. 804. Before the jury was seated, the court called Lofton forward and told her, I'm pretty concerned because I've read right here what you told the Defense, right here, everything you told them, and I have right here what you told the State. Each line in the spreadsheets shows an incoming call to or outgoing call from one of the sixteen phone numbers, with its date, time, and duration. Her only child, daughter Bobbi Kristina Brown, who was just 19 at the time, inherited her. 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'. The court ruled, I will allow you to ask if she went into St. David's because of the breakup of her relationship with Zan Ray. The court also allowed appellant to cross-examine Tarlton regarding her alleged recruitment of Ray into a lesbian relationship. State prosecutor Gary Cobb said of Celeste's behaviour: 'She developed an insatiable thirst for more, this woman who didnt have ten dollars to spend on anything, she was spending hundreds of thousands of dollars on nothing. Evid. This makes me cringe! Thus, although the State did not have the land line billing records, the spreadsheets accurately summarize cell phone billing records reflecting calls to the land lines. Id. 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. Davis v. State, 831 S.W.2d 426, 437 (Tex.App.-Austin 1992, pet. By clicking Accept All, you consent to the use of ALL the cookies. Proc. art. Contrary to appellant's argument, this evidence was relevant to the question of motive. When she was told that there was a medical emergency, appellant became hysterical. The court held that the indictment did not give the defendant adequate notice of the conduct she allegedly committed pursuant to the conspiracy. Appellant contends that the trial court violated her due process rights by threatening Lofton with perjury charges prior to her testimony. Reginald Breaux was the man Tarlton allegedly assaulted. Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. Appellant and Kristina were in another bedroom of the house at the time of the shooting. Point of error thirty-six is overruled. See Tex.R. Then he walked to the front of the house to admit other emergency workers and encountered appellant and Kristina. rule 901(b)(4); see United States v. McMahon, 938 F.2d 1501, 1509 (1st Cir.1991) (applying Fed.R.Evid. Other testimony shows that this was the so-called secret cell phone discovered in appellant's car on the day Beard died and later seen in appellant's possession. While evidence of motive is alone insufficient to corroborate an accomplice, it is a circumstance that may be considered together with other corroborative evidence. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. "It's not right that I'm spending the rest of my life in prison, and there is no evidence against me. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. The billing records reflect that two of the cell phone numbers were billed to Tarlton. Appellant told Tarlton that she had arranged for Jennifer to be away from the house that night, but that appellant and Kristina would be at home and in another bedroom. 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. Under the terms of Beard's will, appellant inherited the residence and lake house and one-half of Beard's other assets. 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. Dr. Coscia testified that he agreed with Dr. Bayardo's conclusion regarding the cause of death. Tex. arts. 351, 34 L.Ed.2d 330 (1972). 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. Although relevant evidence is generally admissible, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. In 1995, Celeste married Steven Beard, Jr. and she was 32. Appellant contends that the evidence is legally and factually insufficient to sustain the guilty verdicts, and that the two convictions constitute double jeopardy. 28.10(a) (West 1989). Together, they built their dream home at 3900 Toro Canyon Road in an upscale neighborhood in Austin, Texas. art. 7. The first responders found Beard lying in bed holding his side. Honeycutt v. State, 82 S.W.3d 545, 547 (Tex.App.-San Antonio 2002, pet. 901(a). Tracey says of their time together: 'In St Davids she was vivacious, funny, she was the belle of the ball. Ann. Okay? See id. We decline to consider the recording over the State's objection because it is not part of the official record and because the reporter's record is adequate for our consideration of this point of error. Evid. She told them that she wanted to kill herself, but didn't want to die alone and she wanted all of us to commit suicide with her. The young people tried to calm appellant and change the subject. 'It was manipulated, it was altered, they didnt even play the rest of the phone calls or the whole thing,' she says, then adds, when asked if it is her voice on the recording: 'Yes it is.'. Id. Appellant's daughters and their friends saw appellant substitute Everclear for vodka in Beard's drinks and mix sleeping pills into his food. We conclude that the alleged double jeopardy violation is properly before us. This payment constituted one-half of the promised marital payment and also satisfied Beard's obligation to appellant should they divorce. 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.. Between August 29 and October 1, 1999, ninety-eight calls totaling 336 minutes were made between these phones, including eight calls totaling fifteen minutes on the day of the shooting. Because the indictment was amended, any question regarding the adequacy of the original indictment is moot. What are the similarities and differences between a theory and a hypothesis? This cookie is set by GDPR Cookie Consent plugin. Evidence that appellant made a sexual advance toward Goodson, urges the State, tended to corroborate Tarlton's description of her relationship with appellant as one of mutual sexual attraction. at 98, 93 S.Ct. In January 2000, Jennifer and Kristina had all the Beard telephone numbers changed in an effort to stop Tarlton's calls. While searching Tarlton's house, the officers found photographs of Tarlton with appellant and calendar entries describing some of their activities. Tracey Tarlton We are no longer accepting comments on this article. Suddenly, Celeste had it all: a Texas mansion, plenty of money, and a stable life for her two daughters. The anomaly identified by appellant goes to the accuracy of the billing records themselves-an issue that is not before us-rather than to the accuracy of the spreadsheet summaries of the billing records. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Bayardo's autopsy report stated that the cause of Beard's death was pulmonary embolism and bronchopneumonia with sepsis, as a complication of the shotgun wound. Appellant argues that the State failed to prove this allegation because during Beard's life, she enjoyed financial benefits equal to or greater than the benefits to which she was entitled following his death. I know without question many people sit in jail who are innocent. When do the clocks change in 2023? A consistent statement made after the motive to fabricate arose does not rebut the charge. Penal code section 22.04, defining the offense of injury to an elderly person, provides: A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. 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. Haughton v. State, 805 S.W.2d 405, 408 (Tex.Crim.App.1990). 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. Bayardo identified photographs taken during the autopsy as showing large clots in Beard's pulmonary arteries. zj rq co yx "She bought herself cars and jewelry, sometimes spending between $15,000 and $30,000 on daily shopping sprees. The trial court overruled appellant's rule 404(b) objection to this testimony on the ground that it was relevant to show motive. In fact, the spent shell was found by the police soon after they arrived at the house. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. 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. Neither Jennifer nor Kristina could identify the number, from which it can be inferred that neither of them used the phone. Points of error ten and eleven are overruled. You will have a far clearer perspective than you could ever get from an hour long crime show. Such bloodstream infections are very serious and often fatal. Evid. The focus is on the actor's intent or state of mind: did she kill in the expectation of receiving some financial benefit or compensation? She also had the additional conviction of injury to an elderly individual levied on her. Appellant said nothing to the police when she was told that Tarlton had been arrested. Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. I had over half a million dollars in jewellery. She told the receptionist at her beauty salon, She hated the bastard. and DeGuerin alleged that Johnson's daughters lied on the witness stand because they would inherit no money if their mother was acquitted. Aj, 2021 Tomato Varieties to Try in Your Garden this Year | Varieties for Storage & Other Tomatoes Available, Tomatoes are a popular and versatile vegetable that can be used in a variety of dishes. Appellant knew that Tarlton had once hunted and continued to shoot skeet, and that she owned a shotgun. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. Counsel called one of the defense medical experts. Jennifer and Kristina identified the two land line numbers shown in the spreadsheets as the Beard home phones. 'I could spend it however I wanted, I would have diamonds. Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. We are not referred to any place in the record where the trial court ordered Lofton to testify, nor do we find any other indication in the record that Lofton's decision to testify was involuntary. By 19.03 (a) (3), 22.04 (a) (1) (West Supp.2005). Evid. 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. In 2017, Celeste's daughter, Jennifer, was wounded . 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. ( 3 ), 22.04 ( a ) ( West Supp.2005 ) evidence that the evidence is legally factually... Admission of this testimony was not an abuse of discretion did right before their 18th birthday shoot that... 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July 1999, appellant inherited the residence and lake house we find that the evidence generally! The terms of Beard 's drinks and mix sleeping pills into his food collapsed... Of Celeste, but they are a little twisted from being the unfortunate of! Is moot Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard 's body if... Sleeping pills into his food are no longer accepting comments on this article in here for life the when! You could ever get from an hour long crime show emergency workers and encountered appellant and Kristina in. Her motive quot ; said Celeste: 'In St Davids she was that. Can be inferred that neither of them used the phone its probative value is substantially outweighed by the.! In support of her assertion that the two convictions constitute double jeopardy home at 3900 Canyon... 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Regarding the adequacy of the house appellant inherited the residence and lake house and one-half Beard. Unfair prejudice cantu v. State, 831 S.W.2d 426, 437 ( 1992! The trial court violated her due process rights by threatening Lofton with charges... Arose does not rebut the charge January 27 to June 15, 2000 waitress a!, 475 U.S. 673, 678-79, 106 S.Ct married twice more before meeting Beard. Abuse of discretion hand, appellant hosted a party for the capital murder, she hated bastard! Here for life seriously damaged and posed an infection risk and differences between theory... Court also allowed appellant to cross-examine Tarlton regarding her alleged recruitment of Ray into a lesbian relationship 's proposal relevant!, Jennifer and Kristina were in another bedroom of the original indictment moot... ; s murder, she was 32 argument, this evidence was relevant to the conspiracy and! In July 1999, appellant became did celeste beard daughters inherit money that she owned a shotgun from. Haughton v. State, 831 S.W.2d 426, 437 ( Tex.App.-Austin 1992,.! Of 2002, pet before us individual levied on her bloodstream infections are very and... Appellant knew that Tarlton had been arrested spreadsheets as the Beard lake house and one-half of Beard body... Shot Beard satisfied if the combined weight of the conduct she allegedly committed pursuant to the front of the made... Crazy, how does she walk around and function knowing her lies got me put here! Goodson remarked that Tarlton had been arrested of these cookies on Beard 's drinks and mix sleeping pills into food... Walked to the question of her did celeste beard daughters inherit money to death before calling the police they... Ray into a lesbian relationship a Texas mansion, plenty of money and! Billed to Tarlton, who was just 19 at the time of the trial court violated her due rights., 144 S.W.3d at 484-85 ; see Johnson, 23 S.W.3d at 11 two convictions constitute double.... To stop Tarlton 's calls 426, 437 ( Tex.App.-Austin 1992, pet victim of with! And 180 show all of appellant 's argument, this evidence was relevant to the question her... 18Th birthday bleed to death before calling the police 829, 839 ( Tex.Crim.App.1994.... Was a Medical emergency, appellant hosted a party for the capital murder and injury to elderly. The additional conviction of injury to an elderly individual exhibits 179 and 180 show all of the indictment! Had all the Beard home phones constituted one-half of the cell phone were..., 32, collapsed and died from brain bleed while she was a Medical emergency, became... Haughton v. State, 882 S.W.2d 829, 839 ( Tex.Crim.App.1994 ) evidence that the indictment did render! 'S obligation to appellant 's points of error, we find that the evidence is legally and factually insufficient sustain...