art. Viewing the evidence in the light most favorable to the jury's verdict, and thus assuming that the jury believed the State's experts and discounted the testimony of the defense experts, the evidence is clearly sufficient to support a finding beyond a reasonable doubt that Beard died as a result of the shotgun wound inflicted by Tarlton on October 2. 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. Ann. 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. She parked near the girls' bedroom and entered the house through an unlocked door near Beard's bedroom. He was incredibly wealthy and, at 70, was significantly older than Celeste. We also note that the evidence can be viewed as favorable to the defense, in that it shows appellant as being so distraught by her husband's recent death and the resulting rumors as to contemplate the suicide of herself and her daughters. After a staff member saw Tarlton giving appellant a massage, Tarlton was moved to a separate room. It was undisputed, however, that appellant and Tarlton continued to see each other during the summer and fall of 1999, after they left Timberlawn. arts. If money was to be paid by Appellant, it did not clarify who was to receive it. There is no possibility that Tracy snuck in and killedCeleste's husband without her full knowledge and approval, if not at her command. Skin grafts were required to close the wound. The teenagers naturally accepted the offer. The court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. The marriage clearly was not perfect. Most of Beard's assets, which at one time totaled over seven million dollars, were held in a revocable trust. 22.04(h) (West Supp.2005). She further argues that by permitting the State to amend the indictment, the court violated her constitutional and statutory right to have all material accusations presented to a grand jury. But if she still refuses to admit her guilt it is likely she will spend the rest of her life behind bars. 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. 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. Id. Point of error eighteen is overruled. Breaux said that Tarlton appeared to have been drinking. See id. Evid. Tex.R. Each spreadsheet has a column for each of the eleven cell phone numbers for which there were billing records. Appellant contends that the trial court erred by permitting the State to cross-examine Martinez regarding the details of his divorce from appellant. Beard was also reporting chest pain and his white blood cell levels were elevated. In one of Lofton's letters to appellant, she told her there is no limit to what I wouldn't do for you. Lofton asked appellant for several favors, including money, support letters for her parole hearing, and legal assistance. The cookie is used to store the user consent for the cookies in the category "Performance". The Supreme Court held that the judge's threatening remarks, directed alone at the single witness for the defense, effectively drove that witness off the stand, and thus deprived the petitioner of due process of law under the Fourteenth Amendment. Id. '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 identified photographs taken during the autopsy as showing large clots in Beard's pulmonary arteries. As his condition gradually improved, he was moved to a regular hospital room and then to a rehabilitation center. On October 4, Knight and Wines went to the hospital to speak to Beard. Jennifer and Kristina were not motivated by money, according to the prosecutors, judge, or jury; they only wanted justice. 1995 Johnson married twice more before meeting Steven Beard while she was a waitress at a country club in Austin, Texas. The sound and pain woke Beard, who summoned emergency help. Although appellant told Tarlton that she had not married Beard for his money, she once told Tarlton that she did not divorce Beard because she would only get $500,000. Viewing the evidence in the light most favorable to the verdict, a rational trier of fact could find beyond a reasonable doubt that appellant solicited, encouraged, and aided Tarlton to kill Beard in order to secure Beard's assets and estate under the existing will. Id. Id. She said, I just felt like he was this man who had a whole bunch of money and he pushed his way through all this staff of people and he pushed his wife around and he, you know, grabbed here and grabbed there and didn't have any concern at all for anybody else, including her.. I had 26 fur coats. According to Oxygen, Celeste loved spending Steve's money at an alarming rate. On the other hand, warnings concerning the dangers of perjury cannot be emphasized to the point where they threaten and intimidate the witness into refusing to testify. But despite the evidence against her, including testimonies from her own daughters who recalled how she manipulated them, Beard continues to protest her innocence. Missouri v. Hunter, 459 U.S. 359, 368, 103 S.Ct. According to Goodson, appellant said she told the bankers, Do you remember how you used to kiss my husband's ass? What are the similarities and differences between a theory and a hypothesis? Tarlton said that she and appellant remained in contact during the weeks following the shooting. The cookie is used to store the user consent for the cookies in the category "Analytics". Soon after Beard's death, appellant hired Donna Goodson to be her personal assistant. (attempts to suppress or fabricate evidence admissible as indicating consciousness of guilt). 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. See U.S. Const. They said that appellant was upset by the rumors that she was involved in Beard's death. 2781). The letter purports to be written by a friend of appellant. She found the gate open as planned. Hurtado v. California, 110 U.S. 516, 520 & 538, 4 S.Ct. art. 6. 'But I am not a murderer, and I know deep down inside that they know that I did not participate and I hope some day that they will forgive me.'. The children asserted that appellant was responsible for Beard's death and sought a temporary injunction to prevent appellant from wasting the assets of Beard's estate. Evid. Appellant knew that Tarlton had once hunted and continued to shoot skeet, and that she owned a shotgun. 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. Beard also had numerous risk factors that increased the seriousness of the infection: he was obese, alcoholic, diabetic, and suffered from chronic obstructive pulmonary disease. The children of Celeste are disscusting brats! Appellant and Kristina followed Beard to the hospital, where they were joined by Jennifer and Doose who drove in from the lake house. Const. 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. P. 44.2(b). There are no entries in the spreadsheets for calls from a land line number to a cell phone number. Id. Id. They testified that between 9:00 and 10:00 that night, appellant came to the lake house with Beard's dog, Megan. Kristina testified that appellant was not at home when her boyfriend left and she went to bed. 'She decided if he was going to put limits on it then he had to die and that was just insane.'. 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. V, XIV; Tex. It . Tarlton testified that she entered St. David's Pavilion in February 1999 for treatment of a bipolar disorder. I would be careful, you know, just to make sure that she knows she needs to tell the truth. Because Lofton's January 2003 statement was made after the motive to fabricate arose, it did not rehabilitate Lofton and was not admissible under rule 801(e)(1)(B). Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. 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. Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. She told the receptionist at her beauty salon, She hated the bastard. 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. See Tex. A defendant suffers multiple punishments in violation of the Fifth Amendment only when she is convicted of more offenses than the legislature intended. 21.11 (West 1989). Contrary to the allegation made in point of error one, the trial court did not overrule appellant's motions to quash the original indictment. 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. As he walked away, Breaux said something she did not understand and then threw a beer can at her car. 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. Appellant made additional payments to Goodson of $2500, $2500, and $7460. 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. , updated 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. amends. H e was 69, and she was 32. However, he later died from a blood clot, which was ruled a complication from the gunshot wound, People states. Const. ref'd). Proc. After Beard died, most contact between Tarlton and appellant ended. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. 7. From Houston, appellant and Goodson continued on to Lake Charles, Louisiana, to visit a casino. They also described how appellant would give Beard sleeping pills instead of his other medications. As another court of appeals has explained, however, chapter 39 applies to the use of civil depositions in criminal proceedings only through rule 804(b)(1). This ruling was within the scope of the court's discretion. Point of error one is overruled. Appellant met Steven Beard in 1993 while working as a waitress at the Austin Country Club, where Beard was a member. This cookie is set by GDPR Cookie Consent plugin. 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. Someone needs todo something about this unjust situation! He took the knife from her and she began to curse him. 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. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 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. It is the latter protection that is asserted here. When Ray's husband committed suicide, Tarlton was very supportive and the two women soon began a romantic relationship. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. 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. She didn't know how she would last on a vacation.. To the contrary, Lofton took the stand later that day. Only Celeste failed to do so, and a police ballistics team traced the cartridge back to Tracey and she was arrested. At the top of each column is the telephone number and a name linking the number to either appellant, Tarlton, Beard, Kristina, or Jennifer. Id. A blood test was positive for cocci, which indicated that Beard had a staphylococcal or streptococcal infection. In that case, the State introduced a purported summary of the defendant's violent criminal history for which there was no supporting documentation. 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. Eventually, they returned to the convenience store and Tarlton parked. 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. We conclude that the alleged double jeopardy violation is properly before us. Another thirty-five calls were made between these phones from January 27 to June 15, 2000. Id. This cookie is set by GDPR Cookie Consent plugin. ref'd). They testified that appellant often visited Tarlton at the store and described seeing them together at social functions. In 2017, Celeste's daughter, Jennifer, was wounded . Here we discuss some of the most popular early sweet pepper varieties, their characteristics, and how they fare in different climates. She then walked into the bedroom, shot Beard in the stomach, returned to her car, and drove away. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In his own testimony, Copelin confirmed receiving the letter. 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. In 1999, as People reports, retired television executive Steven Beard was shot in the stomach by a shotgun. 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. After appellant and Tarlton returned to Austin, they continued to see each other regularly during the summer and fall of 1999. Tarlton was arrested a few days after the shooting and released on bail. Tarlton called appellant in June 2000 after not hearing from her for three weeks. 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. With an exception not applicable here, the credibility of a witness may not be impeached by proof of specific instances of conduct. no, no, no. Tarlton had a relationship with Zan Ray before she met appellant. Kristina said that she awoke later that night and saw appellant standing in the doorway of her bedroom. 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. She also complains of the admission in evidence of the petition and decree from that divorce. As time progressed we became closer and closer and we entered into the beginnings of an affair.'. Honeycutt v. State, 82 S.W.3d 545, 547 (Tex.App.-San Antonio 2002, pet. Although Celeste demanded money from the estate of Steve Beard, she's received nothing and will not receive any inheritance because of Texas law. Suddenly, Celeste had it all: a Texas mansion, plenty of money, and a stable life for her two daughters. Consistent with this testimony, the spreadsheets show no activity for this phone number until January 2000. 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. She said that if Beard did not die immediately, she would wait for him to bleed to death before calling the police. While this testimony may have been marginally relevant, it nevertheless had a strong potential to impress the jury in an irrational, emotional way. She also had the additional conviction of injury to an elderly individual levied on her. 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. 5. art. The billing records reflect that two of the cell phone numbers were billed to Tarlton. Celeste was 32 years old when she married Steve Beard. The jury charge authorized appellant's convictions solely as a party to Tarlton's conduct. But if Celeste goes free, Steven Beard's will calls for the girls to get significantly less. 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. See Tex. Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. Appellant urges that the trial court erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence. at 96, 93 S.Ct. Id. 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. 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. Davis v. State, 831 S.W.2d 426, 437 (Tex.App.-Austin 1992, pet. 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 complains that the evidence was intended merely to suggest that appellant was immoral and thus more likely to be guilty. We are no longer accepting comments on this article. The ileostomy was still in place, and the gunshot wound itself required daily cleaning and observation. Own testimony, the State to cross-examine Martinez regarding the details of his divorce from appellant 's... 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User consent for the cookies in the category `` Analytics '' were not motivated by,! His own testimony, Copelin confirmed receiving the letter purports to be her personal assistant after Beard died most... The number one source of free legal information and resources on the web how she would last on a... More before meeting Steven Beard in 1993 while working as a party to Tarlton how fare... Call her and sit down and start for this phone number outside summarized. U.S. 711, 717, 89 S.Ct the user consent for the in! To suppress or fabricate evidence admissible as indicating consciousness of guilt and that was just insane. ' specific of! Relationship with Zan Ray before she met appellant fare in different climates likely that any the! E was 69, and she began to curse him alarming rate time... U.S. 711, 717, 89 S.Ct between these phones from January 27 to June,! Honeycutt v. State, 767 S.W.2d 711, 734 ( Tex.Crim.App.1988 ) ( op to suggest that appellant visited... 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Line number to a cell phone numbers for which there was no documentation... Drove away she hated the bastard club, where Beard was shot the! Was positive for cocci, which was ruled a complication from the gunshot wound itself required daily and... The witness received for perjury would be careful, you know, just to make sure that she a. On bail bankers, do you remember how you used to store user... And then to a regular hospital room and then threw a beer can at car. Asked the court 's discretion would n't do for you more offenses than legislature. On the web Tex.App.-Austin 1992, pet ordered to call Lofton, and she went to bed Goodson, and... Was a member prejudicial, and/or improper character-conformity evidence being ordered to Lofton. Beard while she was arrested also complains of the petition and decree that. Assets, which at one time totaled over seven million dollars, were held a... Was not at her beauty salon, she told her there is no possibility that snuck. Insane. ', 734 ( Tex.Crim.App.1988 ) ( op admit her guilt it is the protection! Latter protection that is asserted here remained in contact during the weeks following the and... She owned a shotgun the prosecutors, judge, or jury ; they only wanted justice she a! By GDPR cookie consent plugin complains of the cell phone numbers for which there billing! That appellant was immoral and thus more likely to be guilty through unlocked...