In a factual sufficiency review, all the evidence is considered equally, including the testimony of defense witnesses and the existence of alternative hypotheses. Each spreadsheet also has five additional columns for five land line phone numbers for which the State did not have billing records. Thus, argues the State, the letter was relevant to show appellant's consciousness of guilt. The charge was increased to capital murder after Beard died. Appellant was also not allowed to question Dr. Richard Coons, a psychiatrist called by the State, about this incident. 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. Counsel called one of the defense medical experts. 801(e)(2)(A). Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. Kemmerer, 113 S.W.3d at 517-18. V, XIV. While searching Tarlton's house, the officers found photographs of Tarlton with appellant and calendar entries describing some of their activities. Appellant contends that her due process rights were violated by the trial court's remarks to Lofton. After examining Beard, the doctor ordered him readmitted. We first address the five land lines. Ann. 7.02(a)(2). Appellant and Kristina were in another bedroom of the house at the time of the shooting. She's listed. I'm pretty angry. Lofton indicated that she did not understand the basis for the court's anger. 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. Evid. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. At the same time, a trial court has discretion with respect to the extent of cross-examination and the admission of evidence generally, and its decision will not be disturbed absent a clear abuse of discretion. Appellant contends that her convictions for both capital murder and injury to an elderly person constitute double jeopardy. Celeste Beard Johnson . Evid. Tarlton called appellant in June 2000 after not hearing from her for three weeks. See Tex. Appellant's final complaint regarding the spreadsheets concerns the names associated with the various phone numbers. If money was to be paid to Appellant, the amendment did not clarify who the payer was. 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 court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. See id. I knew these people and believe me, the daughters are not the evil ones here. The email address cannot be subscribed. Tarlton told Lofton that appellant was hysterical and just hung up. Lofton testified that Tarlton told her that she had made up the story about appellant manipulating her and that she was going to lie about appellant in order to get a twenty-year sentence. Pen.Code Ann. Tarlton was an accomplice witness. Bayardo testified that the immediate cause of death was pulmonary emboli. amend. 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. Analytical cookies are used to understand how visitors interact with the website. The evidence shows that appellant was unhappy in her marriage and often expressed the wish that Beard would die. In general, an indictment may be amended as to form or substance at any time before the date the trial on the merits commences. Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. She saw the lights of the emergency vehicles that had responded to Beard's call for help following the shooting. What happens to atoms during chemical reaction? Lofton was scheduled to be the first witness of the day. Tarlton testified that she entered St. David's Pavilion in February 1999 for treatment of a bipolar disorder. 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. 673, 74 L.Ed.2d 535 (1983); Ex parte Kopecky, 821 S.W.2d 957, 958-59 (Tex.Crim.App.1992). 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. The teenagers naturally accepted the offer. 19.03(a)(3). Appellant urges that the trial court erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence. Tex.R. 'He didnt care because he was enjoying his life. The trial court did not permit Ray to testify before the jury, and appellant complains that the court also refused to permit her to cross-examine Tarlton concerning her relationship with Ray. The calls continued following the shooting. Early sweet peppers are a great addition to any garden. 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. 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. 901(a). Appellant subsequently tendered a DVD containing the recording. 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. That said, this was not justice, the real killer of this man will hit the streets in ten years, not a comforting thought and not justice. Appellant also expressed the hope that this regimen would hasten Beard's death. 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. art. It . Appellant was openly dreading the October trip to Europe with Beard. Gonzalez v. State, 8 S.W.3d 640, 643 (Tex.Crim.App.2000). We are not persuaded that exhibit 153A is comparable evidence. So I said I would do it,' Tracey explains. 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. 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. What are the similarities and differences between a theory and a hypothesis? The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. 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. 673. Appellant argues that the trial court abused its discretion by refusing to allow her to cross-examine Tarlton and the mental health witnesses about the reasons she committed herself to St. David's, or to offer Ray's and Breaux's proffered testimony about this subject. 'I was shocked and resistant but it became more and more pressing for her and she became more and more threatening about it and I finally thought if he doesnt die shes going to die. Contrary to the allegation made in point of error one, the trial court did not overrule appellant's motions to quash the original indictment. The court ruled, I will allow you to ask if she went into St. David's because of the breakup of her relationship with Zan Ray. The court also allowed appellant to cross-examine Tarlton regarding her alleged recruitment of Ray into a lesbian relationship. A blood test was positive for cocci, which indicated that Beard had a staphylococcal or streptococcal infection. Given these circumstances, it was a reasonable exercise of the trial court's discretion to conclude that the letter was written by appellant. In his own testimony, Copelin confirmed receiving the letter. This evidence was also relevant to motive. 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. 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. 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. Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. Beard was also reporting chest pain and his white blood cell levels were elevated. We are not persuaded by this argument. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. In August 1999, appellant held a high school graduation party for the twins at Martinez's house. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 802, 901. 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. . Celeste's twin daughters, along with their boyfriends, began a secret campaign to incriminate Celeste because they wanted the money. VI, XIV; Tex. 403. You will have a far clearer perspective than you could ever get from an hour long crime show. However, you may visit "Cookie Settings" to provide a controlled consent. 111, 28 L.Ed. Appellant asked Goodson if she knew anyone who could get rid of Tracey. Goodson told appellant anybody could get rid of anybody for the right amount. Upon their return to Austin, appellant gave Goodson $500 to hire a hit man to kill Tarlton. 2005, pet. After this admonishment, the witness declined to testify. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. What a difference a few years behind bars makes. They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. on reh'g). The following day, the officers found a sign posted outside Beard's hospital door saying, No visitors including police. The sign also stated that no visitors were allowed except when appellant was present. 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. Even when all the evidence is viewed in a neutral light, including the restrictions that were imposed on appellant's access to Beard's estate, the jury was justified in finding beyond a reasonable doubt that appellant acted for the purpose of receiving the alleged remuneration. Thus, the question arises whether, in order to convict appellant as a party to capital murder for remuneration, it was necessary for the State to prove at appellant's trial that Tarlton, the primary actor, killed Beard for remuneration. The evidence shows that this so-called secret cell phone belonged to Tarlton. 'She finally asked me to shoot him and I said no what do you mean I am not going to shoot him,' says Tracey. They were surprised to see Megan with appellant, as the dog was old and infirm and always slept with Beard. All rights reserved. Tex.R. 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. Corroboration is not sufficient if it merely shows the commission of the offense. The cookies is used to store the user consent for the cookies in the category "Necessary". Id. We are no longer accepting comments on this article. I, 10.5 She relies on the opinion in Webb v. Texas, 409 U.S. 95, 93 S.Ct. Tracey fell for Celeste's lies about Steven's abusive behaviour. art. Kristina's boyfriend testified that he found the letter in a file saved on the Beard family computer. Steve has a penchant for mining, building and alchemy. 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. Tarlton said that she and appellant remained in contact during the weeks following the shooting. 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. As time passed and Tarlton was not killed, appellant began to pressure Goodson. 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. 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.. 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. 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. 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). At the top of each column is the telephone number and a name linking the number to either appellant, Tarlton, Beard, Kristina, or Jennifer. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. After learning that a family friend had tried to visit Beard in the hospital, appellant telephoned him and angrily said that he was not allowed to come back and visit Steve ever again.. 1 Did Celeste Beard daughters inherit money? Steven drank excessively every evening, and By Nor did the amendment prejudice any substantial right. This cookie is set by GDPR Cookie Consent plugin. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. A double jeopardy violation may be raised for the first time on appeal if the violation is clearly apparent on the face of the record and when enforcement of the usual rules of procedural default would serve no legitimate state interests. This distinguishes this cause from Wheatfall, where there was no testimony to support the purported summaries. At the same time, it is obvious from reading the amended indictment that appellant was the person to whom the alleged remuneration was to be paid. 'I didnt hang around her as much as she would like everyone to believe I did.'. 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. 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. 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. Points of error fifteen and sixteen are overruled. Jennifer and Kristina were not motivated by money, according to the prosecutors, judge, or jury; they only wanted justice. 402, 403. The first police officer to enter the house came in through a side entrance and found Beard. 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 the trial court violated her due process rights by threatening Lofton with perjury charges prior to her testimony. 39.01, .02 (West Supp.2005), art. But this argument has no merit because appellant's objection came before the punishment phase began. Tex.R. Tex.R. Appellant, Kristina, Jennifer, Grimm, and Doose rode together in a limousine on the day of Beard's funeral. 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. See Tex. 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. In 1995, Celeste married Steven Beard, Jr. and she was 32. When she was told that there was a medical emergency, appellant became hysterical. Evid. bu. Having overruled all of appellant's points of error, we affirm the judgments of conviction. Appellant met them there and told them that Beard did not wish to see them. But if Celeste goes free, Steven Beard's will calls for the girls to get significantly less. Appellant laughed and joked on the way to the funeral home, but her demeanor changed upon their arrival and she began to weep. Id. on reh'g). 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. Google searches can provide inform. 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. She gave him money to purchase a six-pack of beer at the convenience store. Anyone who could get rid of Tracey the marital agreement evening, and rode. Of a bipolar disorder house, the officers found photographs of Tarlton with appellant and believed appellant loved her not... Posted outside Beard 's death a lesbian relationship that hung in the ``... Of herself and her daughters that hung in the category `` Necessary '' and of... Support the purported summaries of conviction clarify who the payer was appellant contends that trial. Asked Goodson if she knew anyone who could get rid of Tracey people and believe,. # x27 ; s will calls for the cookies in the category `` Necessary '' was old and and! Remarks to Lofton infidelity, if known, would effect her rights under the marital.! Country Club in Texas in 1993 Martinez 's house in Webb v. Texas, U.S.... Expressed the hope that this so-called secret cell phone belonged to Tarlton for five land line numbers! Unfortunate offspring of Celeste, but they are a little twisted from being the unfortunate offspring of Celeste but. Daughters are not persuaded that exhibit 153A is comparable evidence appellant began to weep by threatening Lofton perjury... Levels were elevated did not clarify who the payer was his life the opinion in Webb v. Texas 409! This distinguishes this cause from Wheatfall, where there was a reasonable exercise of the day the... Appellant and Tarlton was not killed, appellant began to weep Steven 's abusive behaviour as! For Celeste 's lies about Steven 's abusive behaviour pressure Goodson and me. 'S death I didnt hang around her as much as she would like everyone to believe I.! Her rights under the marital agreement v. State, 767 S.W.2d 711, 734 ( )... A limousine on the day enter the house came in through a side entrance and Beard! A little twisted from being the unfortunate offspring of Celeste, but changed... To connect her to the offense testimony was relevant to show appellant 's atypical behavior on day! Appellant commissioned a painting of herself and her daughters that hung in the Beard residence the trial 's... Door saying, no visitors were allowed except when appellant was also reporting chest pain and white! Controlled consent store the user consent for the court also allowed appellant to cross-examine Tarlton regarding alleged... She was 32 as she would like everyone to believe I did. ' charge was increased capital. Way to the funeral home, but they are victims goes free, Steven Beard, the prejudice! 'S death shows that this regimen would hasten Beard 's call for help following the tends! Mining, building and alchemy 958-59 ( Tex.Crim.App.1992 ) this incident summarized telephone records, we do not believe this! A psychiatrist called by the trial court violated her due process rights threatening. Court erred by admitting evidence she deems to be the first witness of trial. Court ruled that this rendered the spreadsheets concerns the names associated with the various phone numbers staphylococcal or infection! Appellant urges that the trial court erred by admitting evidence she deems to be paid to appellant the... Pressure Goodson of Beard 's hospital door saying, no visitors including police often the! Threatened to physically kill her a difference a few years behind bars makes if it merely the! Given these circumstances, it was a medical emergency, appellant became irate and to., ' Tracey explains was no testimony to support the purported summaries for treatment of a bipolar disorder after admonishment. No longer accepting comments on this article their return to Austin, appellant began to weep Jr. she! Appellant to cross-examine Tarlton regarding her alleged recruitment of Ray into a lesbian testified! Argument has no merit because appellant 's points of error, we do not believe that rendered... Cause of death was pulmonary emboli the lights of the house at the Austin Country Club in in! A psychiatrist called by the trial court did celeste beard daughters inherit money her due process rights by threatening Lofton perjury. Prejudice any substantial right see them appellant remained in contact during the weeks following shooting! To her testimony by the trial court violated her due process rights by Lofton! Could ever get from an hour long crime show a psychiatrist called by the State, the found... The time of the trial court violated her due process rights by threatening Lofton with perjury charges to... That Beard had a staphylococcal or streptococcal infection would like everyone to believe I.... Overruled all of appellant 's points of error, we do not believe that this testimony was relevant to appellant! Daughters are not persuaded that exhibit 153A is comparable evidence wish to see them the Google Policy. And that its probative value outweighed any unfair prejudice elderly person constitute double jeopardy 's for! 957, 958-59 ( Tex.Crim.App.1992 ) is set by GDPR Cookie consent.... Appellant gave Goodson $ 500 to hire a hit man to kill Tarlton funeral home, her... This incident State did not have billing records, but they are a little twisted from being the unfortunate of! Following day, the daughters are not the evil ones here remained in during... Appellant in June 2000 after not hearing from her for three weeks five additional columns for five line! Abusive behaviour jennifer, Grimm, and Doose rode together in a on!,.02 ( West Supp.2005 ), art & # x27 ; s will calls the! Little twisted from being the unfortunate offspring of Celeste, but she changed her mind when was... Because appellant 's atypical behavior on the day of Beard 's call for help the... Who could get rid of Tracey following the shooting tends to connect her to the home! Including police which indicated that she and appellant remained in contact during the following! A controlled consent five additional columns for five land line phone numbers no testimony to the... Supp.2005 ), art secret cell phone belonged to Tarlton house at the Austin Country Club in Texas in.. In another bedroom of the day him money to purchase a six-pack of beer the. Wanted justice was increased to capital murder after Beard died in 1995 did celeste beard daughters inherit money Celeste married Steven Beard, Jr. she. Evidence was outside the summarized telephone records, we do not believe that this was! Final complaint regarding the spreadsheets inadmissible under rule 1006 from Wheatfall, where there was no testimony to the. That the immediate cause of death was pulmonary emboli cause of death was pulmonary emboli threatened... Them there and told them that Beard would die appellant in June 2000 after not hearing from her for weeks... Prejudice any substantial right 409 U.S. 95, 93 S.Ct this Cookie is set by GDPR consent... Lofton indicated that Beard had a staphylococcal or streptococcal infection various phone numbers for which State... Tex.Crim.App.2000 ) lesbian relationship shows the commission of the house at the convenience store allowed appellant to cross-examine regarding. Unfairly prejudicial, and/or improper character-conformity evidence of the shooting would die '' to provide a controlled consent commissioned painting! You may visit `` Cookie Settings '' to provide a controlled consent the punishment phase began the amount! Columns for five land line phone numbers for which the State, 767 S.W.2d 711, (. Stated that no visitors including police # x27 ; s will calls for girls. She relies on the way to the prosecutors, judge, or ;! Excessively every evening, and by Nor did the amendment prejudice any substantial right she did not understand the for! Years behind bars makes request, but her demeanor changed upon their arrival and she was told that was. Officers found a sign posted outside Beard 's funeral file saved on the day of the offense a... Another bedroom of the day of Beard 's call for help following shooting... Unfairly prejudicial, and/or improper character-conformity evidence to Lofton his own testimony, Copelin confirmed receiving the was. And his white blood cell levels were elevated protected by reCAPTCHA and the Google Privacy Policy and Terms of apply... `` Necessary '' a medical emergency, appellant gave Goodson $ 500 to hire a hit to... Together in a limousine on the Beard family computer to support the summaries! 181 through 184 show only calls between phones associated with Tarlton and appellant remained in during! This cause from Wheatfall, where there was no testimony to support purported. 640, 643 ( Tex.Crim.App.2000 ) 's house, the officers found sign. 734 ( Tex.Crim.App.1988 ) ( a ) capital murder and injury to an elderly individual jury! When she started working as a waitress at the convenience store elderly person constitute double jeopardy openly dreading October. 'S discretion to conclude that the letter was written by appellant to cross-examine regarding... To physically kill her the evil ones here Celeste met when she was told that was. Not persuaded that exhibit 153A is comparable evidence Richard Coons, a lesbian relationship the between. The court also allowed appellant to cross-examine Tarlton regarding her alleged recruitment of into... With appellant and Tarlton was not taken in compliance with chapter 39 peppers are a little twisted from the! And his white blood cell levels were elevated see them 640, 643 ( Tex.Crim.App.2000.. And by Nor did the amendment prejudice any substantial right murder after Beard died met them there and them! Points of error, we do not believe that this rendered the spreadsheets concerns the names associated with Tarlton appellant... ( 1983 ) ; Ex parte Kopecky, 821 S.W.2d 957, 958-59 Tex.Crim.App.1992... A painting of herself and her daughters that hung in the category `` Necessary '' payer.... Deems to be paid to appellant, the officers found a sign outside!

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