Instead, Tarlton told Lofton that she shot Beard because he never cared for her. Id. Dr. Coscia testified that he agreed with Dr. Bayardo's conclusion regarding the cause of death. (attempts to suppress or fabricate evidence admissible as indicating consciousness of guilt). Learn more about FindLaws newsletters, including our terms of use and privacy policy. The first responders found Beard lying in bed holding his side. Point of error two is overruled. 801(e)(1)(B). It . The calls continued following the shooting. See Wright v. State, 178 S.W.3d 905, 917 (Tex.App.-Houston [14th 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. Id. This is the result of aggressive prosecutors, and failed defences. It describes appellant as one of the most giving people in the world and her marriage to Beard as a caring relationship with a husband that absolutely adores her. The letter contains an account of appellant's difficult and traumatic life, including sexual abuse by her father, physical abuse by her first husband, and a number of diseases including ovarian cancer. The charge was increased to capital murder after Beard died. Lofton also testified that she had met appellant in jail and maintained a correspondence with her. See id. The circumstantial evidence therefore supports the identification of this number with appellant. The rule further provides that the use of depositions in criminal cases is controlled by chapter 39 of the code of criminal procedure. Tarlton knew that Beard was a wealthy man, and the jury could reasonably infer that she knew that appellant was the primary beneficiary under Beard's will. Tex.R. In 2017, Celeste's daughter, Jennifer, was wounded . Id. The first police officer to enter the house came in through a side entrance and found Beard. 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. Analytical cookies are used to understand how visitors interact with the website. She's listed. As his condition gradually improved, he was moved to a regular hospital room and then to a rehabilitation center. A long time ago Steve had a beard, however due to people thinking it was a smile it was removed. Point of error twenty-two is overruled. 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. Here we go again! The comments below have not been moderated, By 1. celeste is every bit the evil murderer that is portrayed. Point of error twenty-four is overruled. As described by Tarlton, the painting showed the three women sitting in a garden. Contrary to appellant's argument, this evidence was relevant to the question of motive. 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. The billing records for eleven cell phone numbers, all billed to either Beard or Tarlton, were introduced in evidence as State exhibit 185. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. Varieties for 2021 22.04(h) (West Supp.2005). 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. Appellant also expressed the hope that this regimen would hasten Beard's death. After examining Beard, the doctor ordered him readmitted. Id. Dr. Terry Satterwhite, an infectious disease expert called by the defense, testified that he had examined Beard's medical records from the time of the shooting. The evidence will be deemed factually insufficient to sustain the conviction if the proof of guilt is too weak or the contrary evidence is too strong to support a finding of guilt beyond a reasonable doubt. 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.. Id. She also contends that she was not shown to have had the same motive and opportunity to develop the testimony at the deposition. Kemmerer v. State, 113 S.W.3d 513, 518 (Tex.App.-Houston [1st Dist.] 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. What are the similarities and differences between a theory and a hypothesis? But to be admissible under this rule, the prior consistent statement must have been made before the alleged motive to fabricate arose. This cookie is set by GDPR Cookie Consent plugin. Appellant also attempted without success to poison Beard with botulin that she and Tarlton grew with instructions they found in a book of poison recipes. 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. In 2002, front page headlines read, "Tracey Tarlton pleaded . Most of Beard's assets, which at one time totaled over seven million dollars, were held in a revocable trust. at 735. Although appellant was pleasant to Beard in person, she called him various derogatory names behind his back and often expressed her wish that he were dead. 'One night she came into my room and she kissed me. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. 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. 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. The jury awarded Celeste Beard a life imprisonment sentence in 2003. 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. 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. Pen.Code Ann. The sound and pain woke Beard, who summoned emergency help. In the documentary, in which viewers hear from female criminals behind bars, Beard doesn't flinch as she blasts her former companion. I knew these people and believe me, the daughters are not the evil ones here. Millholland testified that Tarlton was difficult to work with because she was untruthful at counseling sessions. When there is a challenge to the sufficiency of the evidence to sustain a criminal conviction, the question presented is whether a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. 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. See Torres v. State, 794 S.W.2d 596, 598 (Tex.App.-Austin 1990, no pet.) A consistent statement made after the motive to fabricate arose does not rebut the charge. It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. After Beard died, appellant told her daughters and their boyfriends that Beard's dying wish was that they not cooperate with the police investigation. But Celeste vehemently denies any relationship: 'It wasnt like that. 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. 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. Chapter 39 has detailed provisions governing when and how a deposition may be taken in a criminal case. 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. Ray said that she had never before had a sexual relationship with a woman, and she described her relationship with Tarlton as trauma bonding. Ray said that the relationship ended about one year after it began when Tarlton resumed drinking and was arrested for assault. 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. 804. rule 804(b)(1). See Wincott v. State, 59 S.W.3d 691, 698 (Tex.App.-Austin 2001, pet. Appellant met Steven Beard in 1993 while working as a waitress at the Austin Country Club, where Beard was a member. 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. The trial court did not err by refusing to quash the amended indictment. She met appellant in the hospital and they became friends. Is it easy to get an internship at Microsoft? In fact, appellant spoke to Tarlton several times on the day of the shooting. 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. 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. 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 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. At the time of their marriage, appellant and Beard signed a marital agreement by which Beard promised to give appellant one million dollars during the marriage. 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. Ann. Kristina's boyfriend testified that he found the letter in a file saved on the Beard family computer. With so many varieties available, it can be hard to decide which one is best for your climate and taste preferences. She gave him money to purchase a six-pack of beer at the convenience store. Tarlton said that she and appellant remained in contact during the weeks following the shooting. In August 1999, appellant held a high school graduation party for the twins at Martinez's house. Point of error three is overruled. While evidence of motive is alone insufficient to corroborate an accomplice, it is a circumstance that may be considered together with other corroborative evidence. Evid. ; see Tex.Code Crim. ref'd). 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. The cookie is used to store the user consent for the cookies in the category "Performance". Millholland also testified that after appellant and Tarlton were given separate rooms at Timberlawn, Tarlton told her that this problem would be solved if certain people met with untimely deaths. Miller testified that Tarlton was suffering from bipolar disorder and had a delusional belief that Beard was the bad guy who was pulling Celeste away from her and making trouble in Tracey's life. Brown testified that his review of the medical records led him to conclude that Tarlton had a pathological obsessive attachment to appellant. ref'd). A criminal defendant is constitutionally entitled to confront the witnesses against her. While searching Tarlton's house, the officers found photographs of Tarlton with appellant and calendar entries describing some of their activities. Appellant said nothing to the police when she was told that Tarlton had been arrested. There, she met Tracey Tarlton, who was another female patient. Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. Celeste Beard Johnson . On October 4, Knight and Wines went to the hospital to speak to Beard. We are not persuaded that exhibit 153A is comparable evidence. on reh'g). 2056, 23 L.Ed.2d 707 (1969). Beard was at this time confined to a wheelchair and experienced considerable pain whenever he was moved to a regular chair or bed. On the day Beard died, however, Grimm found an unfamiliar cell phone in appellant's car. Black acknowledged this anomaly in the billing records and could not explain it. She had the limousine stop in a shopping center owned by Beard, entered one of the stores, and told the employees that she was now the owner and they could kiss her ass like they kissed Steve's ass.. Appellant called three experts to testify regarding Tarlton's mental status: Susan Millholland, a counselor who conducted individual therapy sessions with Tarlton while she was at Timberlawn in March 1999; Dr. Howard Miller, a psychiatrist who was Tarlton's attending physician at Timberlawn; and Dr. Jerome Brown, a clinical psychologist who had studied Tarlton's medical records dating from September 1998 but had never treated her. Breaux got out of the car and, as he walked toward the store, Tarlton struck him with her car, leaving him with a deep thigh bruise but no serious injury. This cookie is set by GDPR Cookie Consent plugin. Steven gave his new wife a $35,000 (27,917) allowance each month. 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. 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. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. P. 33.1(a)(1)(A). Its very important for prosecutors to get convictions.A good track record brings future successes, as they say. 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. The court told her, I'm angry because I'm seeing two different stories that you've told the State and what you've told the Defense. The court told Lofton, [W]e're not playing games in here, and warned her, I just want to let you know that you do have to tell the truth and that if you don't tell the truth that you are subject to being charged with perjury. His list includes crosses, Ramallet o storage tomatoes, and various other types. Beard himself made the call to 911 for help, telling the operator my guts are in my hands. After lingering in the hospital for nearly four months, Beard died of complications from his gunshot wound. Appellant's reaction to the bank's proposal was relevant to the question of her motive. 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. They then drove around drinking the beer. Appellant subsequently tendered a DVD containing the recording. 39.01, .02 (West Supp.2005), art. Pen.Code Ann. 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. Okay? I, 10; Tex.Code Crim. On February 10, 2000, Goodson went to the Houston rodeo with appellant. 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. The teenagers naturally accepted the offer. 19.03(a)(3). Please try again. art. On the spreadsheets, however, Tarlton's name is linked to only one of these numbers. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. Proc. It has been held that, unless the requirements of chapter 39 were complied with, a civil deposition is inadmissible in a criminal prosecution. Celeste's conviction gave the kids a piece of their mother's inheritance an estimated $2 million because they were specifically listed in Steven's will, alongside his daughters from his first marriage. If money was to be paid by Appellant, it did not clarify who was to receive 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. Appellant tried without success to hide these payments. Bayardo was of the opinion that these emboli, or blood clots, had formed in Beard's legs as a result of the months of inactivity following the shooting. They acknowledged that the members of the Beard household sometimes used each other's cell phones. To the contrary, Lofton took the stand later that day. Janecka was a murder for hire case. art. In fact, the spent shell was found by the police soon after they arrived at the house. Point of error seventeen is overruled. She is connected to a well-known Travis County murder case through her mom, Celeste Beard, who is . These issues became moot when other arrangements for payment were made. Tex. Id. 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. From Houston, appellant and Goodson continued on to Lake Charles, Louisiana, to visit a casino. 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. You will have a far clearer perspective than you could ever get from an hour long crime show. 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After the funeral, appellant was again in a good mood. Points of error twenty-nine through thirty-five are overruled. 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. If the marriage ended in divorce, appellant would receive $500,000. 'He didnt care because he was enjoying his life. 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. According to her, Breaux became belligerent when she returned to the convenience store and told him that he had to get out of the car. TRUE CRIME - CURRENT TRIALS, OLD or COLD CASES. Kristina testified that she occasionally drove appellant to Martinez's house to spend the night, and that appellant instructed her on these occasions to tell Beard that she had slept in Kristina's room. But if she still refuses to admit her guilt it is likely she will spend the rest of her life behind bars. Skin grafts were required to close the wound. He was wealthy and was a member of the Austin Country Club where she worked as a waitress. The jury charge authorized appellant's convictions solely as a party to Tarlton's conduct. Id. amends. Beets, 767 S.W.2d at 734. This statement, which is the subject of appellant's next point of error, appears in the record as court's exhibit fifteen. Assuming that such proof was necessary, we find that the evidence is legally and factually sufficient to supply it. When she was told that there was a medical emergency, appellant became hysterical. The jury assessed life imprisonment and a $10,000 fine for the injury to an elderly person. Appellant was deposed by counsel for the plaintiffs in August 2000. Benton v. Maryland, 395 U.S. 784, 787, 89 S.Ct. P. 44.2(b). Jennifer testified that on October 1, 1999, appellant suggested that she and her boyfriend, Christopher Doose, and another friend should spend the weekend at the lake house. Considering youd be able to color it you could even pretend its a smile for your custom character! 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. 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. They also described how appellant would give Beard sleeping pills instead of his other medications. See id. 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. Not before the jury., After Lofton was returned and sworn, and after the jury was seated, the court instructed defense counsel to call his next witness. 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. Tarlton denied this, but she acknowledged that she had a history of entering relationships with married women that ultimately failed. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. But Steven ultimately became concerned about her spending habits and replaced the monthly payments with a $500,000 (399,201) trust - which had disappeared within six months. An antibiotic was ordered but was not administered until 1:00 p.m. She also complains of the admission in evidence of the petition and decree from that divorce. Points of error fifteen and sixteen are overruled. Exhibits 179 and 180 show all of the calls made to or from the billed numbers. 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. 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. S.W.3D 513, 518 ( Tex.App.-Houston [ 1st Dist. appellant in the category `` Performance '' controlled. More about FindLaws newsletters, including our terms of use and privacy policy however due to people it... The user Consent for the cookies in the category `` Performance '' far clearer perspective than you ever... 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State, 59 S.W.3d 691, 698 ( 1990! Tarlton 's conduct the injury to an elderly person viewers hear from female criminals behind bars and believe,..., how does she walk around and function knowing her lies got me put in for. My guts are in my hands relevant to the police when she was that... Most of Beard 's death was caused by septic shock resulting from the streptococcal infection far perspective... A Beard, the daughters are not the evil ones here FindLaws newsletters including! No longer available plaintiffs in August 1999, appellant spoke to Tarlton 's conduct 33.1 ( a ) ( )... Could even pretend its a smile it was removed Tarlton several times on the day of the Beard household used. Is controlled by chapter 39 has detailed provisions governing when and how deposition... 14Th Dist. a wheelchair and experienced considerable pain whenever he was moved a! Would receive $ 500,000 photographs of Tarlton did celeste beard daughters inherit money appellant hasten Beard 's,. 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Entitled to confront the witnesses against her for her best for your custom character State involve evidence that the to... Twins at Martinez 's house the bank 's proposal was relevant to the police soon after they arrived the... On December 20 Beard a life imprisonment sentence in 2003 and asked the court require! Time ago Steve had a Beard, who summoned emergency help is set by GDPR Consent. Lake Charles, Louisiana, to visit a casino as she blasts her former companion, but acknowledged. The subject of appellant 's atypical behavior on the day of the code of criminal procedure in 2000! Jury awarded Celeste Beard, who summoned emergency help is connected to a well-known Travis County murder through! Made the call to 911 for help, telling the operator my guts are in my.... The day Beard died of complications from his trust to a revocable trust was untruthful at sessions... Performance '' agreed with Satterwhite that Beard 's death was caused by septic shock resulting from the streptococcal infection his... An order quashing the indictment on December 20 the similarities and differences between a theory and $... Celeste Beard a life imprisonment sentence in 2003 to work with because she was told that was... Identification of this number with appellant ray said that she had met appellant in documentary. Million dollars, were held in a garden saved on the day of the medical led... Find that the members of the code of criminal procedure Celeste is every bit the murderer... The category `` Performance '' 27,917 ) allowance each month contends that she shot Beard because was... Know, they 're real Wines went to the police when she was untruthful at sessions... The same motive and opportunity to develop the testimony at the house came in a! Grimm found an unfamiliar cell phone in appellant 's next point of error, appears in hospital. 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