zj rq co yx "She bought herself cars and jewelry, sometimes spending between $15,000 and $30,000 on daily shopping sprees. When cross-examined by the State, Breaux admitted that he did not tell the police officers who investigated this incident that Tarlton had been armed with a knife. Annetta Black, a forensic analyst employed by the State, prepared six spreadsheets summarizing these records, which were introduced in evidence as State exhibits 179 through 184. at 438. This inference is also supported by evidence that by April 2000, the twins were estranged from appellant and no longer lived or communicated with her. Nevertheless, Black insisted that there is a billing record for every call shown in the spreadsheets, and appellant makes no showing to the contrary. Celeste established a plan; a disguised Tracey would enter the house and shoot Stephen as he slept, and Celeste would get rid of the shotgun cartridge. 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. at 390. The term remuneration as used in section 19.03(a)(3) encompasses a broad range of situations, including compensation for loss or suffering and the idea of a reward given or received because of some act. Beets v. State, 767 S.W.2d 711, 734 (Tex.Crim.App.1988) (op. She further argues that because of the misleading nature of the spreadsheets, their admission violated rule 403. 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.. Given these circumstances, it was a reasonable exercise of the trial court's discretion to conclude that the letter was written by appellant. Eventually, appellant told Kristina that she had hired a hit man to kill Tarlton but had called it off.. These issues became moot when other arrangements for payment were made. 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. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. 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. P. 33.1(a)(1)(A). By clicking Accept All, you consent to the use of ALL the cookies. Pen.Code Ann. If he got mad at me about spending too much money, it didnt last very long.'. Kristina said that she awoke later that night and saw appellant standing in the doorway of her bedroom. Celeste Beard Johnson (born February 13, 1963), . Id. Tex.R. 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. 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. 1006. 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. But if she still refuses to admit her guilt it is likely she will spend the rest of her life behind bars. Appellant was openly dreading the October trip to Europe with Beard. Id. Tarlton described appellant as flirtatious, and she said that they developed a romantic relationship while at St. David's. The trial court did not err by refusing to quash the amended indictment. Indeed, the trial record indicates that defense counsel used the statement as a template for his questioning. They immediately gave him Tarlton's name. amends. 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. Appellant argues that the statement was not hearsay because it was consistent with Lofton's trial testimony and was offered to rebut the charge of recent fabrication. Corroboration is not sufficient if it merely shows the commission of the offense. U.S. Const. 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. 4. Point of error seventeen is overruled. Appellant, Kristina, Jennifer, Grimm, and Doose rode together in a limousine on the day of Beard's funeral. The details of the Breaux incident were, in themselves, of little or no relevance to any material issue in the case, and the trial court could reasonably conclude that any probative value of the evidence was outweighed by the danger of undue delay and confusion of the issues. art. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. Proc. Each spreadsheet also has five additional columns for five land line phone numbers for which the State did not have billing records. Beard died later that afternoon. Tex.R. Celeste's twin daughters, along with their boyfriends, began a secret campaign to incriminate Celeste because they wanted the money. First, it is important to choose the right type of planter and support system for your plants. 'I didnt hang around her as much as she would like everyone to believe I did.'. The charge was increased to capital murder after Beard died. Eventually, they returned to the convenience store and Tarlton parked. She told them that she wanted to kill herself, but didn't want to die alone and she wanted all of us to commit suicide with her. The young people tried to calm appellant and change the subject. Honeycutt v. State, 82 S.W.3d 545, 547 (Tex.App.-San Antonio 2002, pet. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. Although due deference still must be accorded the fact finder's determinations, particularly those concerning the weight and credibility of the evidence, the reviewing court may disagree with the result in order to prevent a manifest injustice. The children of Celeste are disscusting brats! Steven fought for his life for months in hospital, and was eventually released. 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. Assuming that such proof was necessary, we find that the evidence is legally and factually sufficient to supply it. I, 10. See Torres v. State, 794 S.W.2d 596, 598 (Tex.App.-Austin 1990, no pet.) This, too, was unusual, because Beard was very fond of the dog and had never been known to mistreat her. She also revoked the consent she had previously given to search the Beard house. Celeste says that if shes convicted, the twins would get a share of her inheritance an estimated $2 million each. I, 10.5 She relies on the opinion in Webb v. Texas, 409 U.S. 95, 93 S.Ct. I had over half a million dollars in jewellery. ref'd) (inclusion of certain conclusions and characterizations did not render record summaries inadmissible). Appellant contends that her convictions for both capital murder and injury to an elderly person constitute double jeopardy. Although appellant did not expressly refer to the Sixth Amendment, we believe that the arguments advanced during her many attempts to introduce this evidence were sufficient to make the trial court aware of her complaint. I, 10; Tex.Code Crim. A criminal defendant is constitutionally entitled to confront the witnesses against her.
Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. Tarlton gave the officers an exculpatory statement and allowed them to take her shotgun. arts. See U.S. Const. We find the combined weight of the nonaccomplice evidence to be more than sufficient to connect appellant to the offense and thus to corroborate Tarlton's accomplice testimony. Celeste Beard Johnson . 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Appellant has identified a relatively small number of instances (but she claims there could be more) where the spreadsheets show that a call was made between two phones, but the call is documented in the billing records for only one of the phones. 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. 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. 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. Dr. Charles Petty, a forensic pathologist, also testified for the defense. Appellant's efforts to impede the investigation of Beard's shooting, and her attempts to first protect Tarlton and then to kill her, also tend to connect appellant to the offense. Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime. The trust holding the bulk of Beard's assets was managed by a Dallas bank. 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. At the end of the trial, Celeste Beard was convicted of capital murder. 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? Appellant divorced her third husband, Jimmy Martinez, in April 1994, and Beard and appellant were married in February 1995. Black testified that although she did not have the land line billing records, each call shown being made to one of the land lines was documented in the cell phone billing records.8 In other words, the billing records for one of the cell phones showed that the phone had been used to make a call to one of the land line numbers. A family photo showing Steven Beard, Celeste Beard and her daughters Kristina and Jennifer. Celeste was 32 years old when she married Steve Beard. As time progressed we became closer and closer and we entered into the beginnings of an affair.'. 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. 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). Throughout 1999, appellant was also having an affair with her former husband, Jimmy Martinez. 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. In addition to being found on the Beard computer, the letter contained numerous intimate details of appellant's life, confirmed by other evidence, that collectively support an inference that she was the author: her previous marriages, the suicide of her second husband, meeting Tarlton while both were receiving psychiatric treatment, the upcoming trip to Europe. The emboli traveled to the lungs and lodged in the pulmonary arteries, blocking the flow of blood and preventing the oxygenation process. Tarlton denied this, but she acknowledged that she had a history of entering relationships with married women that ultimately failed. Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. In the facility, Johnson befriends fellow patient Tracey Tarlton the woman who would later be convicted for playing a role in Steves murder. Appellant's second complaint has to do with calls made between two of the billed cell phone numbers. The State's hearsay objection was sustained. Const. While evidence of motive is alone insufficient to corroborate an accomplice, it is a circumstance that may be considered together with other corroborative evidence. This year, many gardeners are looking for new varieties of tomatoes to try out in their gardens. However, you may visit "Cookie Settings" to provide a controlled consent. Finding the evidence sufficient to corroborate the accomplice witness testimony, we overrule points of error four through nine. Appellant contends that the trial court erred by permitting the State to cross-examine Martinez regarding the details of his divorce from appellant. When she was told that there was a medical emergency, appellant became hysterical. Point of error twenty-three is overruled. After examining Beard, the doctor ordered him readmitted. 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. Considering youd be able to color it you could even pretend its a smile for your custom character! Early sweet peppers are a great addition to any garden. Tex. Beard's wife of forty-two years, who was seriously ill when he met appellant, died in October of that year. Lofton admitted receiving $200 from appellant during the summer of 2002, about one year before appellant's trial began. The two women arranged to be transferred to Timberlawn Hospital in Dallas, where they initially shared a room and where Tarlton said they first became sexually intimate. Tarlton testified that the other cell phone billed to her was purchased in January 2000 after appellant's daughters changed all of the Beard telephone numbers. We also note that Martinez, called as a defense witness, testified to the affair with appellant. Thats why I think she got breast cancer, I feel like that was her karma.'. Neither Jennifer nor Kristina could identify the number, from which it can be inferred that neither of them used the phone. Appellant asserts that [a]t a minimum, remuneration implies an increase rather than a decrease in existing benefits.. Instead, appellant was accused of murder for remuneration in its broader sense: the killing of another person in order to receive, or for the purpose of receiving, some benefit or compensation. Early Life Kristina Beard was born on 2 nd June 1987 in Daytona, Ohio, to Celeste Beard, and she will be 35 years old in 2022. . 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.. The Double Jeopardy Clause does not impose a limitation on the legislative prerogative to prescribe the scope of punishment. Lofton was scheduled to be the first witness of the day. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. In Webb, the trial court, on its own initiative, admonished the only defense witness, a prison inmate, If you take the witness stand and lie under oath, the Court will personally see that your case goes to the grand jury and you will be indicted for perjury. The court added that it was likely that any punishment the witness received for perjury would be cumulated with his current sentence. See Rodriguez v. State, 90 S.W.3d 340, 373-74 (Tex.App.-El Paso 2001, pet. 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. A jury found Celeste Beard Johnson guilty of capital murder. You guys have got to read "She Wanted it All" by Kathryn Casey. Went on to State that the court would sign an order quashing the indictment alleged without elaboration that appellant Beard! 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