Proc. Only Celeste failed to do so, and a police ballistics team traced the cartridge back to Tracey and she was arrested. Id. 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. Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. The substance of this testimony was summarized earlier in this opinion. She then walked into the bedroom, shot Beard in the stomach, returned to her car, and drove away. She's listed. TRUE CRIME - CURRENT TRIALS, OLD or COLD CASES. This ruling was within the scope of the court's discretion. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. Appellant was deposed by counsel for the plaintiffs in August 2000. Applying the relevant standards of review, we find that the evidence is legally and factually sufficient to support a finding beyond a reasonable doubt that Tarlton murdered Beard for remuneration. ref'd). That addition did not clarify who was supposed to get the estate and the assets of a trust as remuneration, or who would provide it. She saw the lights of the emergency vehicles that had responded to Beard's call for help following the shooting. Lofton did not, however, decline to testify after receiving the court's admonishment. You will have a far clearer perspective than you could ever get from an hour long crime show. Steven gave his new wife a $35,000 (27,917) allowance each month. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Points of error twenty-nine through thirty-five are overruled. 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.. Early Sweet Pepper Varieties: Which is Best for Your Climate and Taste? Evid. Analytical cookies are used to understand how visitors interact with the website. The doors of the house appeared to be unlocked. These witnesses were permitted to testify to their professional assessments of Tarlton's mental health, but appellant was not allowed to question them about statements Tarlton made to them regarding the Breaux incident. Necessary cookies are absolutely essential for the website to function properly. 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. Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. In August 1999, appellant held a high school graduation party for the twins at Martinez's house. Assuming that such proof was necessary, we find that the evidence is legally and factually sufficient to supply it. 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. art. (quoting McManus v. State, 591 S.W.2d 505, 513 (Tex.Crim.App.1979)). This cookie is set by GDPR Cookie Consent plugin. Beets, 767 S.W.2d at 734. 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. Other testimony shows that this was the so-called secret cell phone discovered in appellant's car on the day Beard died and later seen in appellant's possession. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. Appellant's second complaint has to do with calls made between two of the billed cell phone numbers. 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. 801(e)(1)(B). 111, 28 L.Ed. They said that appellant was upset by the rumors that she was involved in Beard's death. Kristina had a key to Tarlton's house and sometimes went there to wake up appellant when she spent the night. 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. 351. 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. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? 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. 'It was manipulated, it was altered, they didnt even play the rest of the phone calls or the whole thing,' she says, then adds, when asked if it is her voice on the recording: 'Yes it is.'. The last cell phone number billed to Beard, shown in the spreadsheets as being used by appellant, was not identified by any witness. Tarlton also testified that she and appellant would sometimes discuss their future lives together: We went back and forth about it. She further argues that because of the misleading nature of the spreadsheets, their admission violated rule 403. 901(b)(4)); United States v. Newton, 891 F.2d 944, 947 (1st Cir.1989) (same). 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. Pen.Code Ann. , updated See Tex. ref'd). He agreed with Miller's diagnosis of bipolar psychosis. As described by Tarlton, the painting showed the three women sitting in a garden. When Tarlton got there, she saw Beard unconscious at the dining room table. 19.03(a)(3), 22.04(a)(1) (West Supp.2005). Appellant also cites Lindsay v. State, in which the defendant was indicted for conspiring to commit capital murder for remuneration. Appellant told Tarlton that she had married Beard in order to secure the custody of her two daughters, but that she now felt trapped in a loveless relationship. '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. Appellant made additional payments to Goodson of $2500, $2500, and $7460. 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. Tex.R. During October 1999 through January 2000, the four months following the shooting, appellant ran up expenses of more than $700,000 which were presented to the trustee of Beard's trust for payment. After examining Beard, the doctor ordered him readmitted. Both as filed and as amended, the indictment alleged the offense of capital murder for remuneration. Appellant was also not allowed to question Dr. Richard Coons, a psychiatrist called by the State, about this incident. Proc. You guys have got to read "She Wanted it All" by Kathryn Casey. 2. In January 2000, Jennifer and Kristina had all the Beard telephone numbers changed in an effort to stop Tarlton's calls. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. A notorious black widow who conspired to kill her millionaire husband when he cut off her $35,000 a month allowance still insists she is 'not a murderer'. Appellant subsequently tendered a DVD containing the recording. Coscia removed a large portion of Beard's colon and created an ileostomy. We also find no merit in appellant's complaint that the amendment of the indictment denied her the constitutional right to a grand jury indictment. filed). Id. They also described how appellant would give Beard sleeping pills instead of his other medications. He took the knife from her and she began to curse him. This website uses cookies to improve your experience while you navigate through the website. And I just felt real bad for her, and from what I knew, he was a terrible man and he wouldn't let her up.. Appellant had been intimately involved with Tarlton for over six months before Tarlton shot Beard. arts. Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. See Flowers v. State, 815 S.W.2d 724, 728 (Tex.Crim.App.1991) (construing article 28.10(c)). It . This year, many gardeners are looking for new varieties of tomatoes to try out in their gardens. Kristina said that she awoke later that night and saw appellant standing in the doorway of her bedroom. I had over half a million dollars in jewellery. He was incredibly wealthy and, at 70, was significantly older than Celeste. 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. Stay up-to-date with how the law affects your life. See Rodriguez v. State, 90 S.W.3d 340, 373-74 (Tex.App.-El Paso 2001, pet. Kemmerer, 113 S.W.3d at 517-18. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. U.S. Const. 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. 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. Tarlton had a relationship with Zan Ray before she met appellant. Tarlton ultimately pleaded guilty to murder and agreed to cooperate with the State in exchange for a twenty-year sentence. This evidence was also relevant to motive. Ann. Appellant said nothing to the police when she was told that Tarlton had been arrested. Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. Although Kristina did not ordinarily have a curfew, appellant had instructed her to be home by midnight. Natalie Corner For Mailonline A family photo showing Steven Beard, Celeste Beard and her daughters Kristina and Jennifer. What a difference a few years behind bars makes. 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. 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