I knew these people and believe me, the daughters are not the evil ones here. She said, I just felt like he was this man who had a whole bunch of money and he pushed his way through all this staff of people and he pushed his wife around and he, you know, grabbed here and grabbed there and didn't have any concern at all for anybody else, including her.. Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. 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. 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. Id. See Wright v. State, 178 S.W.3d 905, 917 (Tex.App.-Houston [14th Dist.] Haughton v. State, 805 S.W.2d 405, 408 (Tex.Crim.App.1990). ref'd) (inclusion of certain conclusions and characterizations did not render record summaries inadmissible). Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. Appellant urges that the trial court erred by permitting the State to introduce in evidence a videotaped deposition she gave in a civil suit filed by Beard's three children after his death. At her request, Coscia examined Beard in the Brackenridge emergency room. 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. Orona v. State, 836 S.W.2d 319, 321 (Tex.App.-Austin 1992, no pet.). 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. It is reasonable in such a case to require the State to identify the alleged payor and payee in the indictment. Ann. The exact nature of the two womens relationship is unclear, but according to Snapped, they spent a lot of time together and Tarlton harbored romantic feelings. Point of error eighteen is overruled. 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. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. In January 2003, two months before appellant's trial began, Lofton gave a recorded, sworn statement to defense counsel. See Tex.R. Her only child, daughter Bobbi Kristina Brown, who was just 19 at the time, inherited her. The State's hearsay objection was sustained. Given the volume of evidence introduced in this cause, we are satisfied that the admission of this exhibit, if error, did not harm appellant's substantial rights. In general, an indictment may be amended as to form or substance at any time before the date the trial on the merits commences. The inferential requirements of article I, section 10 of the Texas Constitution were abolished by the adoption of article V, section 12(b), which provides that the practice and procedures relating to indictments, including amendment, are as provided by law. Studer v. State, 799 S.W.2d 263, 272 (Tex.Crim.App.1990). Proc. To the contrary, the amendment served to satisfy appellant's motion to quash demanding greater notice regarding the remuneration element. 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. I am not sure what Celeste's real role in this was, but I can say from what I saw on TV , this women got an unfair trial! 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. 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. 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. There, he received physical therapy preparatory to going home. Pen.Code Ann. Point of error two is overruled. State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] Tarlton ultimately pleaded guilty to murder and agreed to cooperate with the State in exchange for a twenty-year sentence. The billing records for eleven cell phone numbers, all billed to either Beard or Tarlton, were introduced in evidence as State exhibit 185. 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 promised to do so. 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. 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. Appellant contends that her due process rights were violated by the trial court's remarks to Lofton. Appellant contends that the trial court erred by overruling her motions to quash the original indictment, permitting the State to amend the indictment, and refusing to quash the amended indictment. 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. Outside the jury's presence, Ray testified that she was Tarlton's Alcoholics Anonymous sponsor. A statement is not hearsay if it is offered against a party and is the party's own statement. 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. Stay up-to-date with how the law affects your life. Appellant arranged dates for herself and Goodson while in Houston. The first police officer to enter the house came in through a side entrance and found Beard. Tex.R. Point of error twenty-seven is overruled. She also contends that she was not shown to have had the same motive and opportunity to develop the testimony at the deposition. Tarlton called appellant in June 2000 after not hearing from her for three weeks. 3:00 A.M. Prison lights come on. Tex.R. 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. He took the knife from her and she began to curse him. 804. 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. Appellant specifically contends that the evidence does not support the jury's verdict with regard to the cause of death and the remuneration element. Tarlton also testified that she and appellant would sometimes discuss their future lives together: We went back and forth about it. The court admonished defense counsel that he was not to speak to Lofton, adding, She's not to have any contact with anybody, we'll just hold on to her, until this matter is resolved She is not to have any contact with anyone until I give-say she can. Later that morning, during a bench conference, the court told counsel for both parties that Lofton will be available for either of you to talk to during the lunch hour. 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. 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. 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. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. As his condition gradually improved, he was moved to a regular hospital room and then to a rehabilitation center. They said that appellant was upset by the rumors that she was involved in Beard's death. 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. Goodson said she counseled patience and asked appellant for more money. Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. at 438. Consistent with this testimony, the spreadsheets show no activity for this phone number until January 2000. Pen.Code Ann. 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. Id. Kristina went to the front of the house and looked outside. According to Lofton, Tarlton said that she called the Beard house immediately after the shooting and asked appellant to retrieve the shotgun shell. While this contact with the accomplice may not, in itself, be sufficient to corroborate Tarlton's testimony, it is corroborative when considered in light of the other evidence. Celeste met Tracey when they were both patients at St David's, a top psychiatric hospital in Austin, where they struck up a close friendship that eventually led to an affair - something which Celeste denies. 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. 4. She didn't know how she would last on a vacation.. Appellant contends that the trial court erred by permitting the State to cross-examine Martinez regarding the details of his divorce from appellant. Kristina's boyfriend testified that he found the letter in a file saved on the Beard family computer. Breaux said that Tarlton appeared to have been drinking. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. The trial court did not err by refusing to quash the amended indictment. About a week after Beard's funeral, appellant went to Dallas to speak to bank officials. Tarlton 's Alcoholics Anonymous sponsor a week after Beard 's funeral, appellant did celeste beard daughters inherit money. While in Houston spreadsheets as her home and work numbers due process rights were violated by the rumors she... Quash demanding greater notice regarding the remuneration element believe me, the amendment to! Therapy preparatory to going home Brown, who was just 19 at the Beard residence, 805 405! To quash demanding greater notice regarding the remuneration element to satisfy appellant 's trial began, Lofton a... She also contends that the evidence does not support the jury 's presence, testified... 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