By this cross-examination and through the testimony of the defense experts mentioned above, appellant was able to show that in late 1998 and early 1999 Tarlton was clinically depressed, suicidal, and delusional. Tarlton was arrested a few days after the shooting and released on bail. Nor did the amendment prejudice any substantial right. 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. 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.. 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. Celeste was 32 years old when she married Steve Beard. He also acknowledged having several convictions for burglary of a vehicle, unauthorized use of a vehicle, possession of cocaine, theft by check, and assault. In six points of error, appellant urges that the State failed to corroborate the testimony of Tracey Tarlton, the accomplice witness whose testimony is essential to support the convictions. Nevertheless, appellant contends that rule 1006 was misused in this cause because the spreadsheets did not accurately summarize the actual billing records and contained additional, unsupported material that was no more than the State's view of the case masquerading as evidence. This distinguishes this cause from Wheatfall, where there was no testimony to support the purported summaries. See Gonzalez, 8 S.W.3d at 641 n. 4. Steve has a penchant for mining, building and alchemy. The jury assessed life . Tex.R. See Tex.R.App. Tarlton gave the officers an exculpatory statement and allowed them to take her shotgun. art. In general, an indictment may be amended as to form or substance at any time before the date the trial on the merits commences. You guys have got to read "She Wanted it All" by Kathryn Casey. 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. zj rq co yx "She bought herself cars and jewelry, sometimes spending between $15,000 and $30,000 on daily shopping sprees. The cookies is used to store the user consent for the cookies in the category "Necessary". Alex also likes building, but otherwise prefers exploring and hunting. So I said I would do it,' Tracey explains. After the record was filed, appellant filed the brief raising the points we address in this opinion. 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. Appellant argues that the indictment, both as filed and as amended, did not provide adequate notice of the accusation against her. I know without question many people sit in jail who are innocent. Several witnesses saw no problems in Johnson and Beard's marriage, and DeGuerin alleged that Johnson's daughters lied on the witness stand because they would inherit less money if their mother was acquitted. Evid. The first responders found the gates to the property open and did not encounter any armed security devices. Point of error one is overruled. 'Being alone in here, my children will never forgive me for not being the mother that I needed to be,' she says. Satterwhite opined that Beard died from septic shock resulting from the strep infection. Id. Tarlton described appellant as flirtatious, and she said that they developed a romantic relationship while at St. David's. Section 3.04 [mandatory severance] does not apply to criminal episodes prosecuted under both this section and another section of this code. Tarlton was arrested on October 8, 1999, and charged with injury to an elderly individual. 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. 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 used to store the user consent for the cookies in the category "Analytics". 2. We conclude that the alleged double jeopardy violation is properly before us. She told Tarlton that Beard was already in bed asleep, and assured her that the house would be unlocked and the security system would be off. 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. Tarlton denied this, but she acknowledged that she had a history of entering relationships with married women that ultimately failed. You will have a far clearer perspective than you could ever get from an hour long crime show. Ann. Tarlton knew that Beard was a wealthy man, and the jury could reasonably infer that she knew that appellant was the primary beneficiary under Beard's will. 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. Beard was discharged and sent home with appellant on January 18, 2000. We first address the five land lines. come on celeste got everything she deserved. Evid. 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. But if Celeste goes free, Steven Beards will calls for the girls to get significantly less. Steven drank excessively every evening, and 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. The other nine cell phone numbers were billed to Beard, but in the spreadsheets his name is attached to only one of the numbers. At the end of the trial, Celeste Beard was convicted of capital murder. Appellant points to evidence that despite Beard's consternation at her lavish spending, he imposed no effective limit on it. Women Who Kill airs on Channel 4, Wednesday February 1st at 10pm. Under the terms of Beard's will, appellant inherited the residence and lake house and one-half of Beard's other assets. Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. In a factual sufficiency review, all the evidence is considered equally, including the testimony of defense witnesses and the existence of alternative hypotheses. With regard to appellant's broader argument that she was entitled to show why Tarlton entered St. David's in 1998, the record shows that the jury was fully aware of Tarlton's psychiatric history and of her diagnosis in 1998. The court told her, I'm angry because I'm seeing two different stories that you've told the State and what you've told the Defense. The court told Lofton, [W]e're not playing games in here, and warned her, I just want to let you know that you do have to tell the truth and that if you don't tell the truth that you are subject to being charged with perjury. The evidence shows that appellant was unhappy in her marriage and often expressed the wish that Beard would die. A consistent statement made after the motive to fabricate arose does not rebut the charge. A criminal defendant is constitutionally entitled to confront the witnesses against her. ref'd) (inclusion of certain conclusions and characterizations did not render record summaries inadmissible). at 838 & 839 n. 10. 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. These cookies ensure basic functionalities and security features of the website, anonymously. . The following day, appellant called Beard's doctor and demanded that he be readmitted to the hospital. The billing records for eleven cell phone numbers, all billed to either Beard or Tarlton, were introduced in evidence as State exhibit 185. This cause is readily distinguishable from Virts. Point of error two is overruled. She further argues that because of the misleading nature of the spreadsheets, their admission violated rule 403. 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. Celeste Beard Johnson . 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. Considering youd be able to color it you could even pretend its a smile for your custom character! 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. Two other guests were badly injured, including Jennifer Beard, who lived with Jones at the home. Ninety-four calls totaling 389 minutes were made between these phones from October 2, 1999, through January 26, 2000. Defense counsel objected, I think you came down on this witness, you intimidated the witness The court responded, When I know that somebody is going to come in here and lie, I need to read them the riot act and let them know that whatever they've told in the past they need to get up here and tell the truth, and I'm going to have her swear on the Bible. Appellant tried without success to hide these payments. 21.11 (West 1989). We have compared this statement to Lofton's trial testimony, and find no material differences. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. In late September, only a few days before the trip was to begin, appellant asked Tarlton to shoot Beard. '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. arts. 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. She argues that Beard's death was the result of an infection unrelated to the shooting. In the documentary, in which viewers hear from female criminals behind bars, Beard doesn't flinch as she blasts her former companion. 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. Instead, Tarlton told Lofton that she shot Beard because he never cared for her. See Tex. 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. The State contends that appellant's objection came too late and that the double jeopardy issue was not preserved for appeal. she was just a greedy golddigger who married steve for money and nothing else and that is one fact that cannot be disputed. Missouri v. Hunter, 459 U.S. 359, 368, 103 S.Ct. ref'd). 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. About a week after Beard's funeral, appellant went to Dallas to speak to bank officials. There are no entries in the spreadsheets for calls from a land line number to a cell phone number. 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). Beard remained in the hospital until December 7, 1999. Annetta Black, a forensic analyst employed by the State, prepared six spreadsheets summarizing these records, which were introduced in evidence as State exhibits 179 through 184. Appellant argues that the statement was not hearsay because it was consistent with Lofton's trial testimony and was offered to rebut the charge of recent fabrication. Point of error twenty-four is overruled. After the shooting, appellant secretly remained in contact with Tarlton and attempted to keep Tarlton's name out of the investigation. 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. Her only child, daughter Bobbi Kristina Brown, who was just 19 at the time, inherited her. This makes me cringe! But the cause now before us is not a murder for hire case. Based on a true story, multimillionaire Steven Beard (Eli Gabay), a retired broadcasting executive, who fell hard for Celeste (Julie Benz), an attractive waitress who served him his nightly cocktail at the local country club in Austin, Texas. Proc. Given these circumstances, it was a reasonable exercise of the trial court's discretion to conclude that the letter was written by appellant. There is no possibility that Tracy snuck in and killedCeleste's husband without her full knowledge and approval, if not at her command. 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. class="algoSlug_icon" data-priority="2">Web. 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. Years old when she married steve Beard for mining, building and.! Else and that is one fact that can not be disputed and she said that they developed a relationship... Cause now before us is not a murder for hire case would die shotgun. Episodes prosecuted under both this section and another section of this code double jeopardy violation is properly before us not! 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