Bayardo testified that the immediate cause of death was pulmonary emboli. Appellant was deposed by counsel for the plaintiffs in August 2000. 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. Evid. , updated 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. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). 801(e)(1)(B). The State was permitted to offer evidence that Beard filed for divorce less than a year after marrying appellant, only to withdraw the petition two months later. 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. Id. Upon Beard's death, however, his assets passed into a trust for appellant's benefit and thus subjected appellant's spending to the supervision of a trustee who was less generous than Beard. Throughout 1999, appellant was also having an affair with her former husband, Jimmy Martinez. 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. 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. They agreed to keep Megan with them at the lake house that night. Corroboration is not sufficient if it merely shows the commission of the offense. 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). Consistent with this testimony, the spreadsheets show no activity for this phone number until January 2000. This statement, which is the subject of appellant's next point of error, appears in the record as court's exhibit fifteen. Instead, there is evidence linking each telephone number to the person identified. Appellant contends that her due process rights were violated by the trial court's remarks to Lofton. TRUE CRIME - CURRENT TRIALS, OLD or COLD CASES. 901(b)(4)); United States v. Newton, 891 F.2d 944, 947 (1st Cir.1989) (same). She argues that Beard's death was the result of an infection unrelated to the shooting. 7.02(a)(2) (West 2003). Contrary to appellant's argument, this evidence was relevant to the question of motive. Appellant complains that the evidence was intended merely to suggest that appellant was immoral and thus more likely to be guilty. 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. 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. 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. Goodson testified that appellant slept all day and partied all night. Goodson accompanied appellant on her frequent visits to Austin night spots and said that appellant became involved with several men, including a bartender named Cole Johnson who appellant later married. Nor did the amendment prejudice any substantial right. at 820.3. Beard died later that afternoon. State v. Medrano, 67 S.W.3d 892, 901 (Tex.Crim.App.2002). art. I was attracted to her energy. Appellant met them there and told them that Beard did not wish to see them. At oral argument, appellant asked permission to submit for the Court's consideration a video recording of the exchange between the trial court and Lofton excerpted from the television coverage of appellant's trial. After Beard died, appellant told her daughters and their boyfriends that Beard's dying wish was that they not cooperate with the police investigation. 19.03 (a) (3), 22.04 (a) (1) (West Supp.2005). We find the question to be close, but conclude that the trial court did not abuse its discretion in this ruling. 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. 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. Necessary cookies are absolutely essential for the website to function properly. After the shooting, appellant secretly remained in contact with Tarlton and attempted to keep Tarlton's name out of the investigation. While Celeste is now behind bars for her husband's murder, she did not shoot Beard that October night. Point of error seventeen is overruled. did celeste beard daughters inherit money. In 2017, Celeste's daughter, Jennifer, was wounded . 'Being alone in here, my children will never forgive me for not being the mother that I needed to be,' she says. Point of error twenty-three is overruled. Jennifer Beard said the trial was the last time she ever saw her mother. Montgomery v. State, 810 S.W.2d 372, 390 (Tex.Crim.App.1991) (op. There is no question that appellant's civil deposition was not taken in compliance with chapter 39. 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. This cookie is set by GDPR Cookie Consent plugin. Steve has a penchant for mining, building and alchemy. 22.04(h) (West Supp.2005). Pen.Code Ann. Appellant also expressed the hope that this regimen would hasten Beard's death. Appellant promised to do so. Although appellant also cites the double jeopardy clause of the Texas Constitution, she does not argue that the protection it affords differs from that afforded by the United States Constitution. According to Lego Club Magazine, Steve and Alex are dating. Celeste says that if she's convicted, the twins would get a share of her inheritance an estimated $2 million each. These cookies track visitors across websites and collect information to provide customized ads. The record shows that Lofton's motive to fabricate arose in the summer of 2002, when appellant gave her $200 dollars and Lofton began writing letters to appellant asking for favors. The State did not amend the indictment to allege a new or different offense. Evidence that appellant made a sexual advance toward Goodson, urges the State, tended to corroborate Tarlton's description of her relationship with appellant as one of mutual sexual attraction. Appellant and Kristina were in another bedroom of the house at the time of the shooting. Tarlton was an accomplice witness. Soon after Beard's death, appellant hired Donna Goodson to be her personal assistant. Appellant contends that the evidence is legally and factually insufficient to sustain the guilty verdicts, and that the two convictions constitute double jeopardy. But if Celeste goes free, Steven Beards will calls for the girls to get significantly less. 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. no, no, no. 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. In 1995, Celeste married Steven Beard, Jr. and she was 32. Appellant laughed and joked on the way to the funeral home, but her demeanor changed upon their arrival and she began to weep. 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. Lofton did not, however, decline to testify after receiving the court's admonishment. Appellant had thirteen-year-old twin daughters, Kristina and Jennifer, from a previous marriage. There is evidence that Beard had a rash in his groin area at the time of his discharge from HealthSouth. 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. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. Tex. But the cause now before us is not a murder for hire case. V, XIV; Tex. ref'd). When it was suggested to appellant that Tarlton might cooperate with the police, appellant spent over $12,000 in an attempt to hire someone to kill Tarlton. I knew these people and believe me, the daughters are not the evil ones here. Dr. Coscia testified that he agreed with Dr. Bayardo's conclusion regarding the cause of death. The letter purports to be written by a friend of appellant. After examining Beard, the doctor ordered him readmitted. Id. Beard's condition deteriorated at the hospital, and he died on January 22, 2000. Outside the jury's presence, Ray testified that she was Tarlton's Alcoholics Anonymous sponsor. She saw the lights of the emergency vehicles that had responded to Beard's call for help following the shooting. Mr Beard died in January 2000 from complications caused by a gunshot wound inflicted by Tracey Tarlton, 59, at the behest of his wife - who tells Channel 4's Women Who Kill Tarlton should have taken all of the blame in a shocking interview. Evid. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. 673, 74 L.Ed.2d 535 (1983); Ex parte Kopecky, 821 S.W.2d 957, 958-59 (Tex.Crim.App.1992). They immediately gave him Tarlton's name. 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. 19.03(a)(3). Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. Appellant's daughters and their friends saw appellant substitute Everclear for vodka in Beard's drinks and mix sleeping pills into his food. amend. This payment constituted one-half of the promised marital payment and also satisfied Beard's obligation to appellant should they 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. This cookie is set by GDPR Cookie Consent plugin. Haughton v. State, 805 S.W.2d 405, 408 (Tex.Crim.App.1990). See Tex.R.App. I felt sorry for her, she couldnt even tie her own shoes she was so medicated. Point of error twenty-four is overruled. 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. Hurtado v. California, 110 U.S. 516, 520 & 538, 4 S.Ct. Of the other numbers billed to Beard, four are identified as belonging to appellant, two are linked to Kristina, and two are shown to be Jennifer's. But she had an idea that we would go and live at the lake house. From this, the jury could reasonably infer that Tarlton, as appellant's lover, anticipated that she would indirectly share the money and assets that would flow to appellant under the terms of Beard's will. What happens to atoms during chemical reaction? State prosecutor Gary Cobb said of Celeste's behaviour: 'She developed an insatiable thirst for more, this woman who didnt have ten dollars to spend on anything, she was spending hundreds of thousands of dollars on nothing. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. 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. After Beard died, most contact between Tarlton and appellant ended. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. At about 3:00 a.m. on October 2, 1999, Tarlton entered Beard's bedroom and shot him in the abdomen with a shotgun while he slept. Proc. After this admonishment, the witness declined to testify. Kristina was adverse during her testimony, answering to the defense, "I do not remember," 298 times. 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. 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. 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. The State contends that appellant's objection came too late and that the double jeopardy issue was not preserved for appeal. 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. The Fifth Amendment indictment clause does not apply to the states. rule 804(b)(1). 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. It is reasonable in such a case to require the State to identify the alleged payor and payee in the indictment. Appellant tried without success to hide these payments. 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. During Lofton's cross-examination, she acknowledged making statements to a prosecutor that were inconsistent with some of her trial testimony. The trustee testified that appellant's trust was depleted within six months of its creation. Tarlton had a relationship with Zan Ray before she met appellant. Tex.R. Janecka was a murder for hire case. Points of error ten and eleven are overruled. 802, 901. 5. Ann. 39.01-.14 (West 2005 & Supp.2005). 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. The other number is identified as being for appellant. 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? 882 S.W.2d at 838. Tex.R. She also contends that she was not shown to have had the same motive and opportunity to develop the testimony at the deposition. Tarlton testified that appellant spent the night at Tarlton's house several times a week. Two months later, the case was non-suited and the cause was dismissed. 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. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. Appellant and Kristina followed Beard to the hospital, where they were joined by Jennifer and Doose who drove in from the lake house. Furthermore, and contrary to the specific complaints made in appellant's brief, the trial court did not deny her the opportunity to cross-examine Tarlton regarding her relationship with Ray as it related to her admission to St. David's. When Tarlton tried to drive away, Breaux jumped in front of her car and was struck. I had 26 fur coats. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. at 98, 93 S.Ct. Beard was released from HealthSouth on January 18, 2000. Under the terms of the marital agreement, appellant would have received upon divorce a relatively small settlement compared to what she was to receive under Beard's will. Even when all the evidence is considered equally, including the testimony of the defense experts, we still must give due deference to the jury's credibility determinations. 1995 Johnson married twice more before meeting Steven Beard while she was a waitress at a country club in Austin, Texas. We are no longer accepting comments on this article. Const. See Flowers v. State, 815 S.W.2d 724, 728 (Tex.Crim.App.1991) (construing article 28.10(c)). 2, 1999, an intruder entered the home of self-made millionaire and local TV tycoon Steven Beard and shot him. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. First, it is important to choose the right type of planter and support system for your plants. Beard was also reporting chest pain and his white blood cell levels were elevated. Beard was originally taken to Brackenridge Hospital, where he was treated by Dr. Robert Coscia, a general surgeon and the hospital's director of trauma care. The cookie is used to store the user consent for the cookies in the category "Performance". On the spreadsheets, however, Tarlton's name is linked to only one of these numbers. But if she still refuses to admit her guilt it is likely she will spend the rest of her life behind bars. In late September, only a few days before the trip was to begin, appellant asked Tarlton to shoot Beard. But Celeste vehemently denies any relationship: 'It wasnt like that. Obviously, this phone could not have been used by Beard, who died in January 2000. 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. 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. 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. 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. Tracy was an ignorant pawn in her game. The cookie is used to store the user consent for the cookies in the category "Other. 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. Then he walked to the front of the house to admit other emergency workers and encountered appellant and Kristina. Article 38.14 is satisfied if the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense. Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. You guys have got to read "She Wanted it All" by Kathryn Casey. What a difference a few years behind bars makes. What are the physical state of oxygen at room temperature? In January 2003, two months before appellant's trial began, Lofton gave a recorded, sworn statement to defense counsel. For example, the spreadsheet shows that a call was made from cell phone A to cell phone B, the billing records for cell phone A confirm that the call was made to cell phone B, but the billing records for cell phone B do not reflect the receipt of the call. What happened Steven Beard? Stay up-to-date with how the law affects your life. The rule further provides that the use of depositions in criminal cases is controlled by chapter 39 of the code of criminal procedure. That's all I want. 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. See U.S. Const. Chapter 39 has detailed provisions governing when and how a deposition may be taken in a criminal case. They also described how appellant would give Beard sleeping pills instead of his other medications. In 1999, as People reports, retired television executive Steven Beard was shot in the stomach by a shotgun. Id. Skin grafts were required to close the wound. 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. You will have a far clearer perspective than you could ever get from an hour long crime show. Appellant's second complaint has to do with calls made between two of the billed cell phone numbers. Ann. In that case, the State introduced a purported summary of the defendant's violent criminal history for which there was no supporting documentation. 4. She was sentenced to life in prison. 901(a). Goodson testified that upon her return, appellant told her that the bank was going to put her on a budget and limit her withdrawals from the trust.