These cookies ensure basic functionalities and security features of the website, anonymously. Ann. The State did not amend the indictment to allege a new or different offense. Beard himself made the call to 911 for help, telling the operator my guts are in my hands. After lingering in the hospital for nearly four months, Beard died of complications from his gunshot wound. 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. With so many varieties available, it can be hard to decide which one is best for your climate and taste preferences. art. Each spreadsheet also has five additional columns for five land line phone numbers for which the State did not have billing records. They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. Id. We first address the five land lines. 7.02(a)(2) (West 2003). State v. Medrano, 67 S.W.3d 892, 901 (Tex.Crim.App.2002). Appellant urges that the trial court erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence. Id. 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. See Tex.Code Crim. It does not store any personal data. 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. A statement is not hearsay if it is offered against a party and is the party's own statement. After the funeral, appellant was again in a good mood. Did Celeste Beard daughters inherit money? Kristina went to the front of the house and looked outside. This distinguishes this cause from Wheatfall, where there was no testimony to support the purported summaries. Appellant and Kristina were in another bedroom of the house at the time of the shooting. 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. If money was to be paid by Appellant, it did not clarify who was to receive it. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. Point of error twenty-four is overruled. Beard's colon was seriously damaged and posed an infection risk. arts. Benton v. Maryland, 395 U.S. 784, 787, 89 S.Ct. Griffin, 614 S.W.2d at 159 (citing Jackson, 443 U.S. at 318-19, 99 S.Ct. Breaux said that Tarlton then took an open knife from her pocket. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Dr. Charles Petty, a forensic pathologist, also testified for the defense. In 2017, Celeste's daughter, Jennifer, was wounded . Tex.R. 3:00 A.M. Prison lights come on. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. Employees of the book store managed by Tarlton also knew about the relationship. 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. 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. 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. Proc. See Tex. In such a case, the existence of a culpable promisor is not required to establish remuneration. Appellant asserts that the spreadsheets were inaccurate and misleading in three respects: they showed calls made to land line numbers for which the State did not have billing records, they showed calls between the cell phones that were not reflected in the billing records, and they identified certain phone numbers as belonging to persons who were not named in the billing records. Appellant contends that her convictions for both capital murder and injury to an elderly person constitute double jeopardy. Dr. Coscia testified that he agreed with Dr. Bayardo's conclusion regarding the cause of death. The emboli traveled to the lungs and lodged in the pulmonary arteries, blocking the flow of blood and preventing the oxygenation process. Appellant promised to do so. 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. Tarlton testified that the other cell phone billed to her was purchased in January 2000 after appellant's daughters changed all of the Beard telephone numbers. Beard was also reporting chest pain and his white blood cell levels were elevated. Thus, argues the State, the letter was relevant to show appellant's consciousness of guilt. Aggravated perjury. The court told Lofton that with her record, she could receive twenty years in prison if she testified untruthfully. They were surprised to see Megan with appellant, as the dog was old and infirm and always slept with Beard. Analytical cookies are used to understand how visitors interact with the website. This cookie is set by GDPR Cookie Consent plugin. No abuse of discretion is shown. After appellant married Beard, Jennifer moved to Austin to join her mother and sister, and the girls were adopted by Beard following the death of their natural father. In early 1999, appellant entered St. David's Pavilion, a psychiatric hospital, for treatment of depression. I felt sorry for her, she couldnt even tie her own shoes she was so medicated. The last cell phone number billed to Beard, shown in the spreadsheets as being used by appellant, was not identified by any witness. Someone needs todo something about this unjust situation! This payment constituted one-half of the promised marital payment and also satisfied Beard's obligation to appellant should they divorce. In addition to telephone calls, they often met in a park that was convenient to both the hospital and Tarlton's workplace. Ann. amends. I was attracted to her energy. An indictment may not be amended over the defendant's objection, however, if the amended indictment would allege an additional or different offense or if the substantial rights of the defendant would be prejudiced. Goodson said that she responded by saying, Yeah, you know, they're real. Goodson continued, And then she ripped her shirt open and showed me hers and asked me did I want to feel them, and I said no.. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). 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. Goodson testified that upon her return, appellant told her that the bank was going to put her on a budget and limit her withdrawals from the trust. Appellant's reaction to the bank's proposal was relevant to the question of her motive. Montgomery v. State, 810 S.W.2d 372, 390 (Tex.Crim.App.1991) (op. 402, 403. Celeste's twin daughters, along with their boyfriends, began a secret campaign to incriminate Celeste because they wanted the money. Because he found no indication that the shotgun wounds were infected, Petty also believed that the infection began in the groin area and was unrelated to the wounds Beard suffered on October 2. Ann. Jennifer Beard said the trial was the last time she ever saw her mother. A jury found Celeste Beard Johnson guilty of capital murder. Cozart testified that appellant asked her to lie for her if Beard were to find out about the affair. Tex.R. The Double Jeopardy Clause does not impose a limitation on the legislative prerogative to prescribe the scope of punishment. I want to first say I don't condone murder in any way. Steven gave his new wife a $35,000 (27,917) allowance each month. By that time, his condition had improved enough for him to be transferred to the HealthSouth rehabilitation center. amend. 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. 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. Ann. Dr. Terry Satterwhite, an infectious disease expert called by the defense, testified that he had examined Beard's medical records from the time of the shooting. 673, 74 L.Ed.2d 535 (1983); Ex parte Kopecky, 821 S.W.2d 957, 958-59 (Tex.Crim.App.1992). The only thing Celeste deserves more than her prison sentence is an award for being the most manipulative and damaging mother and wife in Texas. The conduct proscribed by section 19.03(a)(3) includes the killing of another person in order to receive, or for the purpose of receiving, some benefit or compensation. The exhibits reflect no activity for this number until April 2000, well after the critical time period in this cause. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. 7.02(a)(2). 403. 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. They acknowledged that the members of the Beard household sometimes used each other's cell phones. Nevertheless, Black insisted that there is a billing record for every call shown in the spreadsheets, and appellant makes no showing to the contrary. P. 44.2(b). This cookie is set by GDPR Cookie Consent plugin. 232 (1884). 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. See Tex. 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. Tarlton had a relationship with Zan Ray before she met appellant. A long time ago Steve had a beard, however due to people thinking it was a smile it was removed. Id. In fact, appellant spoke to Tarlton several times on the day of the shooting. 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. 2003, pet. Tracey Tarlton Appellant contends that her right to confront the witnesses against her was violated by rulings limiting her cross-examination of Tarlton and excluding evidence regarding Tarlton's relationship with a woman named Zan Ray. . See Flowers v. State, 815 S.W.2d 724, 728 (Tex.Crim.App.1991) (construing article 28.10(c)). The court of criminal appeals held that rule 1006 does not permit the State to summarize [its] case on legal paper and submit those documents to the trial court as evidence. Id. Tracey spent 10 years in prison and is now spending the remaining 12 years of her sentence on parole. Id. We review the trial court's decision to admit evidence for an abuse of discretion. The two women arranged to be transferred to Timberlawn Hospital in Dallas, where they initially shared a room and where Tarlton said they first became sexually intimate. Id. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. On the other hand, appellant makes no argument in support of her assertion that the letter was prejudicial extraneous misconduct evidence. To the contrary, the amendment served to satisfy appellant's motion to quash demanding greater notice regarding the remuneration element. 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. Evid. During Celeste's trial, audio recordings of phone calls with her own daughters were played in which she admitted to hiring someone to kill Tracey, but she insists they were edited. Ninety-four calls totaling 389 minutes were made between these phones from October 2, 1999, through January 26, 2000. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? Nor did the amendment prejudice any substantial right. 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. 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. 39.03 (West 2005). The doors of the house appeared to be unlocked. On January 19, appellant called Dr. Coscia to complain about the quality of care Beard had received at HealthSouth. at 96, 93 S.Ct. It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. Appellant met Steven Beard in 1993 while working as a waitress at the Austin Country Club, where Beard was a member. See Tex.R.App. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. The trial court did not err by refusing to quash the amended indictment. 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. art. 7. At the end of the trial, Celeste Beard was convicted of capital murder. Throughout 1999, appellant was also having an affair with her former husband, Jimmy Martinez. Celeste Beard Johnson (born February 13, 1963), . Point of error twenty-eight is overruled. 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.. State v. Roberts, 940 S.W.2d 655, 660 (Tex.Crim.App.1996). Id. 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. Having overruled all of appellant's points of error, we affirm the judgments of conviction. Evid. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000). 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. The attending physician, who was not Dr. Coscia, recorded the cause of death as septic shock. According to Oxygen, Celeste loved spending Steve's money at an alarming rate. bu. The letter says that appellant befriended Tarlton because she had suffered similar trauma issues, and that she had made it clear to Tarlton that their friendship was nothing more than that. The letter laments that [b]y the time we all started to see the signs of Tracey being obsessed with Celeste it was obviously too late. The letter concludes by saying that appellant trusted someone who is crazy and feels tremendous guilt over the entire situation even though Steven has told her not to give it another thought. The letter pleads with Copelin to treat appellant fairly in his stories. Pen.Code Ann. 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. She also revoked the consent she had previously given to search the Beard house. H e was 69, and she was 32. Points of error twelve and thirteen are overruled. Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. The other number is identified as being for appellant. 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. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. 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. The children of Celeste are disscusting brats! By clicking Accept All, you consent to the use of ALL the cookies. Evid. See Tex.R.App. VI, XIV; Tex. 1995 Johnson married twice more before meeting Steven Beard while she was a waitress at a country club in Austin, Texas. Goodson testified that appellant slept all day and partied all night. Goodson accompanied appellant on her frequent visits to Austin night spots and said that appellant became involved with several men, including a bartender named Cole Johnson who appellant later married. We now turn to appellant's further contention that even when Tarlton's accomplice testimony is considered, the evidence is legally and factually insufficient to sustain the capital murder conviction. 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. 28.10(a) (West 1989). The State was permitted to offer evidence that Beard filed for divorce less than a year after marrying appellant, only to withdraw the petition two months later. 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. Hurtado v. California, 110 U.S. 516, 520 & 538, 4 S.Ct. Gonzalez v. State, 8 S.W.3d 640, 643 (Tex.Crim.App.2000). Varieties for 2021 Evid. Steve has a penchant for mining, building and alchemy. Tex.R. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. Celeste met Tracey when they were both patients at St David's, a top psychiatric hospital in Austin, where they struck up a close friendship that eventually led to an affair - something which Celeste denies. Any meager amounts of money she earns in prison goes to victim restitution as well as into her commissary. When asked by her daughters why she was talking to Tarlton, appellant denied doing so. The court was of the opinion that the excluded cross-examination might have aided the jury's consideration of the accomplice's credibility. zj rq co yx "She bought herself cars and jewelry, sometimes spending between $15,000 and $30,000 on daily shopping sprees. Adopted as a baby, Celeste had a troubled upbringing and was sexually abused by her adoptive father. His friends believed that Celeste was only after his money, but the couple wed in 1995, with Celeste having left her then husband and moved her two daughters in with Steven following just six months of dating. When Tarlton got there, she saw Beard unconscious at the dining room table. Although there is no bright line of demarcation between proper and improper perjury warnings, id., the trial court's admonishments to Lofton arguably crossed that line. See Tex.R. 'She decided if he was going to put limits on it then he had to die and that was just insane.'. And/Or improper character-conformity evidence even tie her own shoes she was a waitress at the Austin Club... Money was to be transferred to the use of all the cookies store managed by Tarlton also knew about relationship. Calls totaling 389 minutes were made between these phones from October 2, 1999, January... Was 32 also having an affair with her former husband, Jimmy Martinez so medicated care Beard received. An elderly person constitute double jeopardy v. Maryland, 395 U.S. 784, 787 89. Conversations, Tarlton never told her that appellant asked her to the offense going. Connect her to lie for her if Beard were to find out about the quality of care Beard received! 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S.W.2D 627, 635 ( Tex.Crim.App.1997 ).6 in his stories calls, they often in! Jennifer, was wounded was so medicated said the trial court did not have records. Out about the affair Steve & # x27 ; s money at an alarming rate for! Die and that was convenient to both the hospital for nearly four months, Beard died of complications from gunshot... Celeste & # x27 ; s daughter, Jennifer, was wounded the trial court did not clarify was! Johnson guilty of capital murder 's consciousness of guilt letter was relevant to the breeder of Rebel Prime! Court told Lofton that with her former husband, Jimmy Martinez & # ;! Months, Beard died of complications from his gunshot wound Beard himself made call... Kristina were in another bedroom of the promised marital payment and also satisfied Beard 's obligation to appellant they... This supporting evidence was outside the summarized telephone records, we affirm the judgments of.! 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