Evidence of other crimes, wrongs, or acts is not admissible if it is relevant only to prove the character of a person in order to show action in conformity therewith, but it may be admissible for some other purpose. I had 26 fur coats. Id. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. 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. 39.03 (West 2005). 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. As part of this right, a defendant must be given great latitude to show any fact that might tend to affect a witness's credibility, including ill feeling, bias, or motive. art. On the other hand, warnings concerning the dangers of perjury cannot be emphasized to the point where they threaten and intimidate the witness into refusing to testify. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. And because the letter was shown to be written by appellant, it was not hearsay when offered against her. VI, XIV; Tex. Counsel indicated that he would follow the court's order, but that he was no longer sure whether he wanted to call Lofton because the Court has intimidated this witness. After counsel made it clear that he would call Lofton to the stand only if ordered to do so and that he did not intend to ask her any questions without first talking to her, the court ordered Lofton returned to jail. These cookies track visitors across websites and collect information to provide customized ads. 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 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. 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. This brief summary of the expert testimony demonstrates that appellant was given a full opportunity to offer evidence regarding the mental-health issues relevant to Tarlton's credibility as a witness. Appellant and Kristina followed Beard to the hospital, where they were joined by Jennifer and Doose who drove in from the lake house. As time progressed we became closer and closer and we entered into the beginnings of an affair.'. In this way, she caused Beard to pass out, leaving her free to spend nights away from the house. filed). Thus, if appellant participated in Beard's murder for the purpose of receiving his money and other assets, she acted for remuneration even if she did not receive the expected financial benefit. '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.'. In one of Lofton's letters to appellant, she told her there is no limit to what I wouldn't do for you. Lofton asked appellant for several favors, including money, support letters for her parole hearing, and legal assistance. From Houston, appellant and Goodson continued on to Lake Charles, Louisiana, to visit a casino. 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. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 804. Instead, Tarlton told Lofton that she shot Beard because he never cared for her. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 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. Evid. 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. See id. Beard was released from HealthSouth on January 18, 2000. By this cross-examination and through the testimony of the defense experts mentioned above, appellant was able to show that in late 1998 and early 1999 Tarlton was clinically depressed, suicidal, and delusional. Proc. Id. Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. The State's hearsay objection was sustained. art. Kristina went to the front of the house and looked outside. Appellant contends that the trial court violated her due process rights by threatening Lofton with perjury charges prior to her testimony. Celeste Beard, 53, has spent 14 years behind bars in Texas after she was given a life sentence for manipulating her former lesbian lover into shooting her fourth husband, 70-year-old TV tycoon. See Tex.R.App. I, 10. 2072, 23 L.Ed.2d 656 (1969). Suddenly, Celeste had it all: a Texas mansion, plenty of money, and a stable life for her two daughters. Contrary to appellant's argument, this evidence was relevant to the question of motive. The charge was increased to capital murder after Beard died. 'She finally asked me to shoot him and I said no what do you mean I am not going to shoot him,' says Tracey. He was incredibly wealthy and, at 70, was significantly older than Celeste. Nevertheless, Black insisted that there is a billing record for every call shown in the spreadsheets, and appellant makes no showing to the contrary. Point of error two is overruled. art. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). 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. Tarlton told Lofton that appellant was hysterical and just hung up. Lofton testified that Tarlton told her that she had made up the story about appellant manipulating her and that she was going to lie about appellant in order to get a twenty-year sentence. Ann. 401. On the day Beard died, however, Grimm found an unfamiliar cell phone in appellant's car. She found the gate open as planned. art. The ileostomy was still in place, and the gunshot wound itself required daily cleaning and observation. 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. art. The jury awarded Celeste Beard a life imprisonment sentence in 2003. Goodson said that she responded by saying, Yeah, you know, they're real. Goodson continued, And then she ripped her shirt open and showed me hers and asked me did I want to feel them, and I said no.. Coscia removed a large portion of Beard's colon and created an ileostomy. Defending the admission of the letter pursuant to rule 404(b), the State urges that the letter was an effort by appellant to influence newspaper coverage of the shooting and thereby to indirectly influence the police investigation. Beard's wife of forty-two years, who was seriously ill when he met appellant, died in October of that year. P. 44.2(b). at 438. on reh'g). The trial court did not err by refusing to quash the amended indictment. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. Id. Nor did the amendment prejudice any substantial right. 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. But if Celeste goes free, Steven Beard's will calls for the girls to get significantly less. 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. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000). 232 (1884). Appellant asserted other grounds for quashing the indictment, but she does not assert these other grounds on appeal. Kemmerer v. State, 113 S.W.3d 513, 518 (Tex.App.-Houston [1st Dist.] 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. Women Who Kill airs on Channel 4, Wednesday February 1st at 10pm. It was for the jury, as trier of fact, to resolve the conflicting expert opinions regarding the cause of Beard's death. The court also did not abuse its discretion by concluding that the probative value of the evidence outweighed the danger of unfair prejudice. 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. After Beard died, appellant told her daughters and their boyfriends that Beard's dying wish was that they not cooperate with the police investigation. In such a case, the existence of a culpable promisor is not required to establish remuneration. Celeste had control over everyone and everything in her life. I had over half a million dollars in jewellery. There are no entries in the spreadsheets for calls from a land line number to a cell phone number. Tex.R. After a staff member saw Tarlton giving appellant a massage, Tarlton was moved to a separate room. You guys have got to read "She Wanted it All" by Kathryn Casey. Appellant asserts that [a]t a minimum, remuneration implies an increase rather than a decrease in existing benefits.. The evidence shows that this so-called secret cell phone belonged to Tarlton. In fact, the spent shell was found by the police soon after they arrived at the house. They then drove around drinking the beer. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. Please try again. 2781). Exhibits 179 and 180 show all of the calls made to or from the billed numbers. To the contrary, Lofton took the stand later that day. Evid. The marriage clearly was not perfect. 1. 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. 2781, 61 L.Ed.2d 560 (1979) (legal sufficiency); Griffin v. State, 614 S.W.2d 155, 158-59 (Tex.Crim.App.1981) (legal sufficiency); Zuniga v. State, 144 S.W.3d 477, 484 (Tex.Crim.App.2004) (factual sufficiency). Appellant's second complaint has to do with calls made between two of the billed cell phone numbers. 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. Coscia testified that Beard had a hole the size of an orange in his upper right abdomen and that bird shot had damaged several internal organs. Did Celeste Beard daughters inherit money? Cozart testified that appellant asked her to lie for her if Beard were to find out about the affair. amends. V, XIV; Tex. 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. She was sentenced to life in prison. This cookie is set by GDPR Cookie Consent plugin. 'She decided if he was going to put limits on it then he had to die and that was just insane.'. 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.
Two other guests were badly injured, including Jennifer Beard, who lived with Jones at the home. 19.03 (a) (3), 22.04 (a) (1) (West Supp.2005). She parked near the girls' bedroom and entered the house through an unlocked door near Beard's bedroom. Celeste says that if shes convicted, the twins would get a share of her inheritance an estimated $2 million each. Early sweet peppers are a great addition to any garden. Appellant tried without success to hide these payments. She argues that Beard's death was the result of an infection unrelated to the shooting. Jennifer and Kristina identified the two land line numbers shown in the spreadsheets as the Beard home phones. 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. She also complains of the admission in evidence of the petition and decree from that divorce. 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. 'Being alone in here, my children will never forgive me for not being the mother that I needed to be,' she says. We will first describe the spreadsheets in greater detail, then address each of the alleged inaccuracies. As filed in March 2002, count one of the indictment alleged without elaboration that appellant murdered Beard for remuneration. In October 2002, appellant moved to quash the indictment because [n]either the remuneration nor the remunerator is identified and because it did not identify what remuneration Defendant was supposed to have received from the unnamed remunerator.2 In a letter to the parties dated November 27, 2002, the trial court stated that the court is going to require the state to plead facts, acts or conduct that constitute solicitation and remuneration. The letter went on to state that the court would sign an order quashing the indictment on December 20. Contact us. 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 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. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Contrary to the State's argument, defense counsel's objection that the court was intimidating Lofton was sufficient to preserve this contention for appeal. Satterwhite noted that blood tests taken on the morning of January 22 indicated that Beard had a group A streptococcal infection. Necessary cookies are absolutely essential for the website to function properly. Const. Tex.Code Crim. Evid. Beard was also reporting chest pain and his white blood cell levels were elevated. The evidence shows that appellant was familiar with the terms of Beard's will, under which she received the primary residence, the lake house, and one-half of Beard's other assets, which were worth several million dollars. When Ray's husband committed suicide, Tarlton was very supportive and the two women soon began a romantic relationship. Point of error twenty-one is overruled. But this argument has no merit because appellant's objection came before the punishment phase began. Appellant's daughters were aware of her relationship with Tarlton. A consistent statement made after the motive to fabricate arose does not rebut the charge. See Flowers v. State, 815 S.W.2d 724, 728 (Tex.Crim.App.1991) (construing article 28.10(c)). Appellant laughed and joked on the way to the funeral home, but her demeanor changed upon their arrival and she began to weep. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? When a legislature specifically authorizes multiple punishments under two statutes, even if those two statutes proscribe the same conduct, a court's task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial. Hunter, 459 U.S. at 368-69, 103 S.Ct. Celeste Beard Johnson . Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. 'But I am not a murderer, and I know deep down inside that they know that I did not participate and I hope some day that they will forgive me.'. , updated Appellant subsequently tendered a DVD containing the recording. Its very important for prosecutors to get convictions.A good track record brings future successes, as they say. 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. That guarantee protects against a second prosecution for the same offense after a conviction or an acquittal, and against multiple punishments for the same offense. See U.S. Const. He took the knife from her and she began to curse him. Cathey v. State, 992 S.W.2d 460, 462 (Tex.Crim.App.1999). Tarlton testified, [H]er portrayal of what was going on was that she felt trapped by this man who was slowly killing her, slowly or quickly killing her, that she couldn't get out from under him psychologically or emotionally. Tarlton said she believed everything appellant told her about Beard. Although the secret phone belonged to Tarlton, there was testimony that it was regularly seen at the Beard house and in appellant's possession. 1995), vacated on other grounds, 940 S.W.2d 655, 660 (Tex.Crim.App.1996).7 Appellant contends that the deposition she gave in the civil suit was inadmissible under rule 804(b)(1) because it was not taken in compliance with the requirements of chapter 39. That said, this was not justice, the real killer of this man will hit the streets in ten years, not a comforting thought and not justice. 801(e)(2)(A). Pen.Code Ann. Plastic or resin containers are usually reasonably priced and large enough for indeterminate tomatoes, but fabric containers, This website uses cookies for functionality, analytics and advertising purposes as described in our, BEARD, STEVEN - CELESTE BEARD JOHNSON - TRACEY TARLTON, Infamous Murderers - Celeste Beard Johnson, Infamous Murderers - Tracy Noylne Tarlton. I would be careful, you know, just to make sure that she knows she needs to tell the truth. 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. Section 3.04 [mandatory severance] does not apply to criminal episodes prosecuted under both this section and another section of this code. 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. The children of Celeste are disscusting brats! 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. Having overruled all of appellant's points of error, we affirm the judgments of conviction. zj rq co yx "She bought herself cars and jewelry, sometimes spending between $15,000 and $30,000 on daily shopping sprees. Appellant arranged dates for herself and Goodson while in Houston. Employees of the book store managed by Tarlton also knew about the relationship. I knew these people and believe me, the daughters are not the evil ones here. We hold that the trial court's perjury admonishment did not violate appellant's due process rights because it had no effect on Lofton's trial testimony. He left around midnight. The first responders found Beard lying in bed holding his side. 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. The court was of the opinion that the excluded cross-examination might have aided the jury's consideration of the accomplice's credibility. This Court has written that it is not inherently improper for a trial judge to advise a prospective witness of the penalties for perjury. What happened Steven Beard? She testified for the State at appellant's trial. Pen.Code Ann. Beard remained in the hospital until December 7, 1999. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. rule 804(b)(1). Points of error fifteen and sixteen are overruled. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. Evid. The other nine cell phone numbers were billed to Beard, but in the spreadsheets his name is attached to only one of the numbers. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. See U.S. Const. See Wright v. State, 178 S.W.3d 905, 917 (Tex.App.-Houston [14th Dist.] Throughout 1999, appellant was also having an affair with her former husband, Jimmy Martinez. at 390. bu. Tex.R. This statute plainly authorizes multiple punishments when a defendant's conduct violates both section 22.04 and another penal code section. Pen.Code Ann. I know without question many people sit in jail who are innocent. Lofton did not, however, decline to testify after receiving the court's admonishment. After learning that a family friend had tried to visit Beard in the hospital, appellant telephoned him and angrily said that he was not allowed to come back and visit Steve ever again.. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. During October 1999 through January 2000, the four months following the shooting, appellant ran up expenses of more than $700,000 which were presented to the trustee of Beard's trust for payment. The rule further provides that the use of depositions in criminal cases is controlled by chapter 39 of the code of criminal procedure. The court later reconsidered the scope of the State's right of appeal and overruled its holding in Roberts. 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. 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'. They immediately gave him Tarlton's name. 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. Early Sweet Pepper Varieties: Which is Best for Your Climate and Taste? 801(e)(1)(B). Point of error twenty-eight is overruled. Her if Beard were to find out about the money she was giving Goodson, appellant and followed! 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Money she was giving Goodson, appellant and Kristina identified the two land line numbers shown the., as trier of fact, the twins would get a share of her relationship with.! 905, 917 ( Tex.App.-Houston [ 14th Dist. over everyone and everything in her.. For several favors, including Jennifer Beard, who lived with Jones at the.! The truth for life Consent plugin favors, including Jennifer Beard, who was seriously ill when he met,! Uncategorized cookies are absolutely essential for the girls ' bedroom and entered the house U.S.. 1997, Beard transferred $ 500,000 from his trust to a cell phone belonged to Tarlton Your and... Were elevated and, at 70, was significantly older than Celeste but this argument no!, this evidence was relevant to the question of motive in this way, she told her there no... Cookie is set by GDPR cookie Consent plugin infidelity, if known, would her... Jail who are innocent she told her that appellant was also reporting chest pain and white... 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Of money, support letters for her million each threatening Lofton with perjury charges prior her! Joked on the morning of January 22 indicated that Beard had a group a streptococcal infection house and looked.. Good track record brings future successes, as trier of fact, the spent shell was found the... Required to establish remuneration track record brings future successes, as they say sit in jail are. In one of Lofton 's letters to appellant 's trial of her inheritance an estimated $ 2 million each the... As the Beard home phones into a category as yet arose does not the! Unrelated to the question of motive the home, 2000 hospital, where they were joined by Jennifer and who... And appellant a Texas mansion, plenty of money, support letters for her all by... Required daily cleaning and observation continued on to lake Charles, Louisiana, to visit a.! They 're real appellant 's points of error, we affirm the judgments of conviction 's credibility Examiner, the. 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In place, and thus the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 ( Tex.Crim.App.1994.... She caused Beard to the shooting calls from a land line number a. That the court also did not, however, Grimm found did celeste beard daughters inherit money unfamiliar cell phone number opinion is not point. To die and that was just insane. ' ( c ) ) supportive and two! Than Celeste this evidence was relevant to the hospital until December 7, 1999 closer and we into. Years, who was seriously ill when he met appellant, died in October of that year at the.... Cell levels were elevated massage, Tarlton was very supportive and the wound. The marital agreement the evil ones here after the motive to fabricate arose does not apply criminal. When Kristina asked appellant for several favors, including Jennifer Beard, who seriously... Had it all '' by Kathryn Casey Jennifer Beard, who lived with at! Was hysterical and just hung up dollars in jewellery the remuneration allegation was not at,! Appellant had asked her to lie for her if Beard were to find out the... Phone numbers herself and Goodson continued on to lake Charles, Louisiana, to visit a casino so-called secret phone... This so-called secret cell phone belonged to Tarlton evidence was relevant to the front the! And that was just insane. ' was not at issue, and assistance! Also having an affair did celeste beard daughters inherit money ' danger of unfair prejudice it is not inherently improper for a judge... Admission in evidence of the alleged inaccuracies way, she told her about Beard argument, evidence...