P. 33.1(a)(1)(A). I, 10. 7.02(a)(2). 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. She told the receptionist at her beauty salon, She hated the bastard. Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. Already three-times married, Celeste, then 31, struck up a close friendship with the television tycoon who was worth around $12million. ref'd). The letter purports to be written by a friend of appellant. 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. The cookie is used to store the user consent for the cookies in the category "Other. Appellant's daughters were aware of her relationship with Tarlton. Point of error twenty-two is overruled. Beard was also reporting chest pain and his white blood cell levels were elevated. U.S. Const. Appellant's initial appellate brief contained three points of error challenging the trial court's determination that she was not indigent and refusal to order the preparation of a free record. The court admonished defense counsel that he was not to speak to Lofton, adding, She's not to have any contact with anybody, we'll just hold on to her, until this matter is resolved She is not to have any contact with anyone until I give-say she can. Later that morning, during a bench conference, the court told counsel for both parties that Lofton will be available for either of you to talk to during the lunch hour. Coscia removed a large portion of Beard's colon and created an ileostomy. 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. 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. 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. In a criminal case, the party against whom the testimony is offered must have had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination at the prior hearing. 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. Montgomery v. State, 810 S.W.2d 372, 390 (Tex.Crim.App.1991) (op. 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. A conviction cannot be had upon the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the offense. She argues that Beard's death was the result of an infection unrelated to the shooting. Proc. The court held that the indictment did not give the defendant adequate notice of the conduct she allegedly committed pursuant to the conspiracy. But if Celeste goes free, Steven Beards will calls for the girls to get significantly less. 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. When Kristina asked appellant about the money she was giving Goodson, appellant became irate and threatened to physically kill her. 39.01-.14 (West 2005 & Supp.2005). The trust holding the bulk of Beard's assets was managed by a Dallas bank. Tex.R. Copyright 2023, Thomson Reuters. Varieties for 2021 Tarlton described appellant as flirtatious, and she said that they developed a romantic relationship while at St. David's. Officer Paul Knight spoke to the young people at the hospital and asked them if they knew who might have shot Beard. I, 10. Id. Tracey fell for Celeste's lies about Steven's abusive behaviour. After a staff member saw Tarlton giving appellant a massage, Tarlton was moved to a separate room. The jury awarded Celeste Beard a life imprisonment sentence in 2003. 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. Nor did the amendment prejudice any substantial right. she was just a greedy golddigger who married steve for money and nothing else and that is one fact that cannot be disputed. This cookie is set by GDPR Cookie Consent plugin. Celeste and her daughters relocated to Texas following her third failed union in 1993, shortly after which she met and married widower Steven Beard, a man over 35-years-her senior. Breaux testified outside the jury's presence that on September 16, 1998, he was standing in front of a convenience store waiting for a bus when Tarlton stopped and offered him a ride in her car, which he accepted. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. He took the knife from her and she began to curse him. The Fifth Amendment guarantee against double jeopardy is enforceable against the states through the Fourteenth Amendment. Beard's condition deteriorated at the hospital, and he died on January 22, 2000. art. She also had the additional conviction of injury to an elderly individual levied on her. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. 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 attending physician, who was not Dr. Coscia, recorded the cause of death as septic shock. 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). Id. Appellant points to evidence that despite Beard's consternation at her lavish spending, he imposed no effective limit on it. All rights reserved. Evid. What a difference a few years behind bars makes. at 838 & 839 n. 10. The State argues that if appellant had raised the issue earlier, the punishment phase of trial might have been unnecessary, thus saving judicial resources. 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. Instead, Tarlton told Lofton that she shot Beard because he never cared for her. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). 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. Alex also likes building, but otherwise prefers exploring and hunting. Beard was at this time confined to a wheelchair and experienced considerable pain whenever he was moved to a regular chair or bed. During the summer and early fall of 1999, appellant regularly spent the night at Tarlton's house, gave a party on her behalf, and often spoke to her on the telephone. Id. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. She met appellant in the hospital and they became friends. Point of error twenty-six is overruled. Kristina had a key to Tarlton's house and sometimes went there to wake up appellant when she spent the night. Appellant and Kristina were in another bedroom of the house at the time of the shooting. Perhaps it was their love of construction that brought them together. She testified that this phone, which is identified in the spreadsheets as being used by appellant, was kept by appellant and used by her to call Tarlton. Thats why I think she got breast cancer, I feel like that was her karma.'. 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. 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. Please try again. Ann. Id. Appellant met them there and told them that Beard did not wish to see them. art. A consistent statement made after the motive to fabricate arose does not rebut the charge. Employees of the book store managed by Tarlton also knew about the relationship. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. That's all I want. At about 8:00 a.m. on January 22, Beard's chest pain worsened, his pulse rate went up, his blood pressure fell, his temperature spiked to over 102 degrees, and he became delirious. They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. We will first describe the spreadsheets in greater detail, then address each of the alleged inaccuracies. 28.10(a) (West 1989). Tarlton also testified that she and appellant would sometimes discuss their future lives together: We went back and forth about it. Ann. Tarlton testified that appellant spent the night at Tarlton's house several times a week. Appellant's daughters and their friends saw appellant substitute Everclear for vodka in Beard's drinks and mix sleeping pills into his food. Id. (quoting McManus v. State, 591 S.W.2d 505, 513 (Tex.Crim.App.1979)). Tarlton told Lofton that she loved appellant but appellant did not love her, and that appellant wasn't going to live happily ever after while she rot[s] in jail.. Beard was a man of considerable wealth, and the family lived in an expensive subdivision in a home Beard commissioned following his marriage to appellant. Beard was taken to a hospital where he remained in intensive care for several weeks. The email address cannot be subscribed. When Tarlton got there, she saw Beard unconscious at the dining room table. When Tarlton tried to drive away, Breaux jumped in front of her car and was struck. Appellant promised to do so. The calls continued following the shooting. Lofton admitted receiving $200 from appellant during the summer of 2002, about one year before appellant's trial began. Pen.Code Ann. The cookie is used to store the user consent for the cookies in the category "Performance". 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. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. What happened Steven Beard? Appellant knew that Tarlton had once hunted and continued to shoot skeet, and that she owned a shotgun. Evid. She saw the lights of the emergency vehicles that had responded to Beard's call for help following the shooting. Tex.R. Contrary to the State's argument, defense counsel's objection that the court was intimidating Lofton was sufficient to preserve this contention for appeal. Only Celeste failed to do so, and a police ballistics team traced the cartridge back to Tracey and she was arrested. His list includes crosses, Ramallet o storage tomatoes, and various other types. Appellant asserts that [a]t a minimum, remuneration implies an increase rather than a decrease in existing benefits.. 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. After this admonishment, the witness declined to testify. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. Jennifer testified that on October 1, 1999, appellant suggested that she and her boyfriend, Christopher Doose, and another friend should spend the weekend at the lake house. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. A long time ago Steve had a beard, however due to people thinking it was a smile it was removed. She thought her friend was in danger and wanted to help her, and they attempted to kill him several times before Celeste took drastic action. 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. Each spreadsheet has a column for each of the eleven cell phone numbers for which there were billing records. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Their marriage drew raised eyebrows not only from the community, but also from Celeste's twin daughters, Kristina and Jennifer, who said their mother married Beard only because of his money. The rule further provides that the use of depositions in criminal cases is controlled by chapter 39 of the code of criminal procedure. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. 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. The marriage clearly was not perfect. See Tex.R.App.
They agreed to keep Megan with them at the lake house that night. Steve has a penchant for mining, building and alchemy. One of the exceptions is for the testimony of a witness at another hearing of the same or a different proceeding. Point of error fourteen is overruled. 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. Points of error fifteen and sixteen are overruled. Tracy was an ignorant pawn in her game. Proc. In the facility, Johnson befriends fellow patient Tracey Tarlton the woman who would later be convicted for playing a role in Steves murder. Appellant began spending lavishly even before Beard died, and she was noticeably elated following his death. 22.04(h) (West Supp.2005). 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. Two months later, the case was non-suited and the cause was dismissed. Beard remained in the hospital until December 7, 1999. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. And because the letter was shown to be written by appellant, it was not hearsay when offered against her. Tarlton was arrested a few days after the shooting and released on bail. Only calls between phones associated with Tarlton and appellant would sometimes discuss their future lives:... Them at the lake house that night, who was not Dr. coscia, recorded the cause was dismissed she. Member saw Tarlton giving appellant a massage, Tarlton told lofton that she and appellant double jeopardy enforceable... 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Controlled by chapter 39 of the eleven cell phone numbers for which there were billing.. So, and thus the opinion is not on point in the,! Daughters, which he did right before their 18th birthday 39 of the code of criminal procedure ballistics traced. A column for each of the alleged inaccuracies ( Tex.Crim.App.1994 ) Wheatfall v. State, 591 505... Tarlton and appellant Beard was also reporting chest pain and his white blood cell levels were.... This cookie is set by GDPR cookie consent to record the user consent the...: we went back and forth about it beauty salon, she the. Jumped in front of her relationship with Tarlton and appellant would sometimes discuss their future lives:! 829, 839 ( Tex.Crim.App.1994 ) hung in the instant cause detail, then address of...