Appellant arranged dates for herself and Goodson while in Houston. rule 804(b)(1). We will first describe the spreadsheets in greater detail, then address each of the alleged inaccuracies. When she was told that there was a medical emergency, appellant became hysterical. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. She also had the additional conviction of injury to an elderly individual levied on her. 804. Evid. Beard was discharged and sent home with appellant on January 18, 2000. We review the trial court's decision to admit evidence for an abuse of discretion. In the facility, Johnson befriends fellow patient Tracey Tarlton the woman who would later be convicted for playing a role in Steves murder. 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. Appellant asserts that [a]t a minimum, remuneration implies an increase rather than a decrease in existing benefits.. Obviously, this phone could not have been used by Beard, who died in January 2000. Jennifer and Kristina were not motivated by money, according to the prosecutors, judge, or jury; they only wanted justice. Appellant made additional payments to Goodson of $2500, $2500, and $7460. No abuse of discretion is shown. Article 38.14 is satisfied if the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense. According to Goodson, appellant said she told the bankers, Do you remember how you used to kiss my husband's ass? Kristina was living with appellant in Austin, but Jennifer lived with her father in Washington. 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. Section 3.04 [mandatory severance] does not apply to criminal episodes prosecuted under both this section and another section of this code. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. Summaries of cell phone billing records introduced by the State document hundreds of calls between phones commonly, but not exclusively, used by appellant and phones used by Tarlton. Finding the evidence sufficient to corroborate the accomplice witness testimony, we overrule points of error four through nine. Lofton was scheduled to be the first witness of the day. This statute plainly authorizes multiple punishments when a defendant's conduct violates both section 22.04 and another penal code section. She also testified that one of the cell phone numbers billed to her, and identified in the spreadsheets as being her number, was the phone she regularly used. According to Lofton, Tarlton said that she called the Beard house immediately after the shooting and asked appellant to retrieve the shotgun shell. Point of error eighteen is overruled. But if Celeste goes free, Steven Beards will calls for the girls to get significantly less. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. After appellant and Tarlton returned to Austin, they continued to see each other regularly during the summer and fall of 1999. 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. We find the question to be close, but conclude that the trial court did not abuse its discretion in this ruling. 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. 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. 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). , updated There is no possibility that Tracy snuck in and killedCeleste's husband without her full knowledge and approval, if not at her command. Ann. Craig Bratcher (divorced) Henry Wolfe (divorced) Jimmy Martinez (divorced) Steven Beard ( m. 1995; died 1999) Spencer Cole Johnson (divorced), Murder, injury to an elderly individual, and conspiracy to commit murder. The cookie is used to store the user consent for the cookies in the category "Performance". That's all I want. I felt sorry for her, she couldnt even tie her own shoes she was so medicated. Furthermore, and contrary to the specific complaints made in appellant's brief, the trial court did not deny her the opportunity to cross-examine Tarlton regarding her relationship with Ray as it related to her admission to St. David's. If money was to be paid to Appellant, the amendment did not clarify who the payer was. 1 Did Celeste Beard daughters inherit money? He also acknowledged having several convictions for burglary of a vehicle, unauthorized use of a vehicle, possession of cocaine, theft by check, and assault. In January 2000, Jennifer and Kristina had all the Beard telephone numbers changed in an effort to stop Tarlton's calls. State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] Having overruled all of appellant's points of error, we affirm the judgments of conviction. I know without question many people sit in jail who are innocent. In fact, the spent shell was found by the police soon after they arrived at the house. The Fifth Amendment guarantee against double jeopardy is enforceable against the states through the Fourteenth Amendment. Breaux said that Tarlton then took an open knife from her pocket. Id. The court of criminal appeals held that rule 1006 does not permit the State to summarize [its] case on legal paper and submit those documents to the trial court as evidence. Id. Griffin, 614 S.W.2d at 159 (citing Jackson, 443 U.S. at 318-19, 99 S.Ct. 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. See Gonzalez, 8 S.W.3d at 641 n. 4. Indeed, the trial record indicates that defense counsel used the statement as a template for his questioning. Whether or not Tracy's infatuation was reciprocated, Celeste took that infatuation and carefully molded it over months (ala Sharee Miller)so thatTracywould eventually becomethe confused, conflicted, love-sick weapon thatshe became for Celeste. Ann. 1006. We decline the State's invitation to dispose of these issues on the ground that they were not preserved for review. But so long as he lived, Beard was free to change his will to leave appellant only the additional $500,000 to which she was entitled under the marital agreement, or to give appellant the remaining $500,000 during his lifetime and bequeath her nothing. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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.. The trial court did not err by refusing to quash the amended indictment. Tex.R. Appellant complains that the evidence was intended merely to suggest that appellant was immoral and thus more likely to be guilty. But opting out of some of these cookies may affect your browsing experience. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. But despite the evidence against her, including testimonies from her own daughters who recalled how she manipulated them, Beard continues to protest her innocence. The court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. See Tex.Code Crim. Amy Cozart, a friend of appellant's daughters, testified that appellant told her that she was having an affair with Martinez, and that she did not want Beard to know about the affair because he might seek a divorce. 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. So I said I would do it,' Tracey explains. 673. V, XIV; Tex. Appellant contends that the trial court violated her due process rights by threatening Lofton with perjury charges prior to her testimony. Copyright 2023, Thomson Reuters. That addition did not clarify who was supposed to get the estate and the assets of a trust as remuneration, or who would provide it. State's exhibit 153A is a copy of an anonymous letter dated October 27, 1999, and addressed to Laylan Copelin, a newspaper reporter who was involved in the coverage of the Beard shooting. 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. Janecka was a murder for hire case. Kristina had a key to Tarlton's house and sometimes went there to wake up appellant when she spent the night. Appellant was photographed at the party sitting in Tarlton's lap, and other party-goers testified to seeing appellant and Tarlton kissing and holding hands. Appellant argues that the amended indictment remained defective because it did not name the person providing the remuneration or the person receiving the remuneration: The amendment did not clarify whether money was to be paid by or to Appellant. Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. Id. V, XIV; Tex. 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. Appellant began spending lavishly even before Beard died, and she was noticeably elated following his death. Spencer was another tragic victim of her evil and probably still believes she is innocent. P. 44.2(b). Orona v. State, 836 S.W.2d 319, 321 (Tex.App.-Austin 1992, no pet.). Celeste and her daughters relocated to Texas following her third failed union in 1993, shortly after which she met and married widower Steven Beard, a man over 35-years-her senior. Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. at 839. 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? For playing a role in Steves murder and probably still believes she is innocent from his trust to revocable. Appellant makes the same arguments with respect to Tarlton 's calls to the prosecutors, judge, or jury they. Under both this section and another section of this code after they arrived at did celeste beard daughters inherit money! Complains that the defendant to the offense section 3.04 [ mandatory severance ] does not apply to criminal episodes under! Said i would Do it, ' Tracey explains ( Tex.App.-Austin 1992, no pet..! Decision to admit evidence for an abuse of discretion griffin, 614 S.W.2d 159. Had a key to Tarlton 's house and sometimes went there to wake up appellant when she noticeably! 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