Cathey v. State, 992 S.W.2d 460, 462 (Tex.Crim.App.1999). Given these circumstances, it was a reasonable exercise of the trial court's discretion to conclude that the letter was written by appellant. 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. 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. Nor did the amendment prejudice any substantial right. 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. Appellant and Kristina followed Beard to the hospital, where they were joined by Jennifer and Doose who drove in from the lake house. art. Dr. Coscia testified that he agreed with Dr. Bayardo's conclusion regarding the cause of death. 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. 'He didnt care because he was enjoying his life. 1 Did Celeste Beard daughters inherit money? They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. Evidence is relevant if it has any tendency to make the existence of a fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. 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. Whether youre growing them in your backyard or buying them from the store, tomatoes can be a great addition to any meal. With so many varieties available, it can be hard to decide which one is best for your climate and taste preferences. A family photo showing Steven Beard, Celeste Beard and her daughters Kristina and Jennifer. 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-oldTV tycoon Steven Beard. art. 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. Honeycutt v. State, 82 S.W.3d 545, 547 (Tex.App.-San Antonio 2002, pet. In that case, the State introduced a purported summary of the defendant's violent criminal history for which there was no supporting documentation. Varieties for 2021 Id. 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. 15:49 EST 27 Jan 2017. 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. The State defends the admission of this testimony by arguing that it rebutted the defensive theory that Tarlton was an unstable woman who attempted to entice appellant into a lesbian relationship, who misconstrued appellant's friendship as romantic love, and who killed Beard in the delusional belief that he was standing in the way of her relationship with appellant. Appellant told Tarlton that she put sleeping pills in Beard's food and replaced his vodka with Everclear, a product that is almost pure grain alcohol. 801(e)(2)(A) (admission by party-opponent). 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. The indictment alleged that Beard was murdered for remuneration and the promise of remuneration, namely, money and the estate of Steven Beard and the assets of a trust created by Steven Beard. See Tex. Kristina testified that appellant also told her not to speak to the police, but only to appellant's attorney, and to tell the lawyer that appellant loved Beard and would never hurt him. An indictment may not be amended over the defendant's objection, however, if the amended indictment would allege an additional or different offense or if the substantial rights of the defendant would be prejudiced. 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. Pen.Code Ann. He was wealthy and was a member of the Austin Country Club where she worked as a waitress. In July, Tarlton learned that appellant had remarried. 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. 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. Celeste says that if shes convicted, the twins would get a share of her inheritance an estimated $2 million each. rule 804(b)(1). art. Appellant also expressed the hope that this regimen would hasten Beard's death. See Tex. Evid. While searching Tarlton's house, the officers found photographs of Tarlton with appellant and calendar entries describing some of their activities. The jury assessed life imprisonment and a $10,000 fine for the injury to an elderly person. Satterwhite opined that Beard died from septic shock resulting from the strep infection. Stay up-to-date with how the law affects your life. Const. Shortly before Beard's discharge, appellant told Tarlton that she was not going to hire home health care workers because she intended to reinfect Beard's wound. Appellant had thirteen-year-old twin daughters, Kristina and Jennifer, from a previous marriage. He agreed with Miller's diagnosis of bipolar psychosis. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. Already three-times married, Celeste, then 31, struck up a close friendship with the television tycoon who was worth around $12million. Appellant was deposed by counsel for the plaintiffs in August 2000. See U.S. Const. 'She finally asked me to shoot him and I said no what do you mean I am not going to shoot him,' says Tracey. 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. He took the knife from her and she began to curse him. 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. Id. 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. Beard was taken to a hospital where he remained in intensive care for several weeks. Contrary to appellant's argument, the identification of the various telephone numbers with a particular person in the spreadsheets was not merely the State's interpretation of the billing records. See Wilson v. State, 7 S.W.3d 136, 140-41 (Tex.Crim.App.1999); Torres, 794 S.W.2d at 598-99. See id. Orona v. State, 836 S.W.2d 319, 321 (Tex.App.-Austin 1992, no pet.). Adopted as a baby, Celeste had a troubled upbringing and was sexually abused by her adoptive father. These issues became moot when other arrangements for payment were made. The Double Jeopardy Clause does not impose a limitation on the legislative prerogative to prescribe the scope of punishment. Ann. There is evidence that Beard had a rash in his groin area at the time of his discharge from HealthSouth. But opting out of some of these cookies may affect your browsing experience. The last cell phone number billed to Beard, shown in the spreadsheets as being used by appellant, was not identified by any witness. 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. 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). Lofton did not, however, decline to testify after receiving the court's admonishment. There, she met Tracey Tarlton, who was another female patient. Tarlton had a relationship with Zan Ray before she met appellant. At the top of each column is the telephone number and a name linking the number to either appellant, Tarlton, Beard, Kristina, or Jennifer. See U.S. Const. Appellant argues that even though Lofton testified, her due process rights were violated because the court ordered Lofton to testify and because the court's admonishments might have caused Lofton to shade her testimony or withhold testimony favorable to appellant. She told the receptionist at her beauty salon, She hated the bastard. The court later reconsidered the scope of the State's right of appeal and overruled its holding in Roberts. The testimony describing appellant's active social life weeks after Beard's death, like the other evidence of appellant's good spirits at that time, tended to show appellant's attitude toward Beard and her motive for being involved in his death. But the hysterics were up and down. One officer remembered that appellant would go from being very upset to not very upset and it seemed at times she was crying but there weren't any tears or anything like that.. The comments below have not been moderated, By Id. 22.04(h) (West Supp.2005). Please try again. she was just a greedy golddigger who married steve for money and nothing else and that is one fact that cannot be disputed. On December 19, the State moved to amend the indictment to allege that appellant murdered Beard for remuneration and the promise of remuneration, namely, money and the estate of Steven Beard and the assets of a trust created by Steven Beard. Following a hearing on January 6, 2003, the court granted the motion to amend over appellant's objection, and conforming alterations were made to the face of the filed indictment. The evidence shows that appellant was unhappy in her marriage and often expressed the wish that Beard would die. If money was to be paid to Appellant, the amendment did not clarify who the payer was. 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. Evid. Having overruled all of appellant's points of error, we affirm the judgments of conviction. 402, 403. P. 44.2(b). Now, call her and sit down and start. Counsel asked if he was being ordered to call Lofton, and the court said that he was. Under the terms of Beard's will, appellant inherited the residence and lake house and one-half of Beard's other assets. 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. Tarlton did not dispose of the shotgun because it was personalized and she was confident that appellant would collect the spent shell as she had promised. The email address cannot be subscribed. 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. Rule 804(b)(1) creates an exception to the hearsay rule and has no application if the declarant's out-of-court statement is not hearsay. And because the letter was shown to be written by appellant, it was not hearsay when offered against her. 38.14 (West 1995). It was for the jury, as trier of fact, to resolve the conflicting expert opinions regarding the cause of Beard's death. Indeed, the trial record indicates that defense counsel used the statement as a template for his questioning. Appellant also cites Lindsay v. State, in which the defendant was indicted for conspiring to commit capital murder for remuneration. She also contends that she was not shown to have had the same motive and opportunity to develop the testimony at the deposition. 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. Satterwhite noted that blood tests taken on the morning of January 22 indicated that Beard had a group A streptococcal infection. 7.03 (West 2003). TRUE CRIME - CURRENT TRIALS, OLD or COLD CASES. In 1995, Celeste married Steven Beard, Jr. and she was 32. 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. Beard remained in the hospital until December 7, 1999. According to Lego Club Magazine, Steve and Alex are dating. Tarlton gave the officers an exculpatory statement and allowed them to take her shotgun. art. Bayardo testified that the immediate cause of death was pulmonary emboli. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. I, 10. This makes me cringe! Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. Point of error twenty-four is overruled. This is the result of aggressive prosecutors, and failed defences. The trust holding the bulk of Beard's assets was managed by a Dallas bank. 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. See Tex.R.App. 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). We review the trial court's decision to admit evidence for an abuse of discretion. 901(b)(4)); United States v. Newton, 891 F.2d 944, 947 (1st Cir.1989) (same). And a $ 10,000 fine for the injury to an elderly person no supporting documentation the plaintiffs in August.... To Tarlton 's encounter with a man named Reginald Breaux Alex are dating,... A limitation on the legislative prerogative to prescribe the scope of punishment Torres 794. 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