This cookie is set by GDPR Cookie Consent plugin. 802, 901. As part of this right, a defendant must be given great latitude to show any fact that might tend to affect a witness's credibility, including ill feeling, bias, or motive. In July 1999, appellant hosted a party for the store's employees at the Beard lake house. Bayardo identified photographs taken during the autopsy as showing large clots in Beard's pulmonary arteries. And because the letter was shown to be written by appellant, it was not hearsay when offered against her. Steven gave his new wife a $35,000 (27,917) allowance each month. If he got mad at me about spending too much money, it didnt last very long.'. Consistent with this testimony, the spreadsheets show no activity for this phone number until January 2000. Pen.Code Ann. Natalie Corner For Mailonline, Mary Berry takes a swipe at Paul Hollywood as she declares herself firmly with the BBC and Deliciously Ella doesn't escape as baker reassures fans her book is a clean food-free zone, 'You're spoiling us': Mothers go into meltdown as CBeebies reveals TOM HARDY will return to read children's stories on Valentine's Day. Points of error ten and eleven are overruled. If the marriage ended in divorce, appellant would receive $500,000. 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. The court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. "I was devastated," said Celeste. Evid. 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'. 'I mean its just crazy, how does she walk around and function knowing her lies got me put in here for life? Jennifer Beard said the trial was the last time she ever saw her mother. Although this supporting evidence was outside the summarized telephone records, we do not believe that this rendered the spreadsheets inadmissible under rule 1006. See Tex.R.App. 2781). Tarlton testified that she entered St. David's Pavilion in February 1999 for treatment of a bipolar disorder. They acknowledged that the members of the Beard household sometimes used each other's cell phones. No abuse of discretion is shown. Zuniga, 144 S.W.3d at 484-85; see Johnson, 23 S.W.3d at 11. Appellant urges that the trial court erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence. Point of error twenty-four is overruled. Stay up-to-date with how the law affects your life. One of the exceptions is for the testimony of a witness at another hearing of the same or a different proceeding. 06:26 EST 27 Jan 2017 Appellant told Tarlton that Beard was responsible for their separation. Ex parte Ervin, 991 S.W.2d 804, 807 (Tex.Crim.App.1999). See U.S. Const. That said, this was not justice, the real killer of this man will hit the streets in ten years, not a comforting thought and not justice. Adopted as a baby, Celeste had a troubled upbringing and was sexually abused by her adoptive father. 21.11 (West 1989). 7. Evid. Assuming that such proof was necessary, we find that the evidence is legally and factually sufficient to supply it. Tex.Code Crim. 901(b)(4)); United States v. Newton, 891 F.2d 944, 947 (1st Cir.1989) (same). and DeGuerin alleged that Johnson's daughters lied on the witness stand because they would inherit no money if their mother was acquitted. See Flowers v. State, 815 S.W.2d 724, 728 (Tex.Crim.App.1991) (construing article 28.10(c)). Tex.R. 608(b). Having overruled all of appellant's points of error, we affirm the judgments of conviction. The first police officer to enter the house came in through a side entrance and found Beard. On October 4, Knight and Wines went to the hospital to speak to Beard. Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. 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. 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. Proc. Beard was released from HealthSouth on January 18, 2000. 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. Appellant was also fearful that her infidelity, if known, would effect her rights under the marital agreement. 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. Id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Steven had managed to make a 999 phone call after the shooting and was taken to hospital, but three months later he developed a blood clot as a result of the gunshot wound and died - the case then became a homicide. art. Tarlton helped appellant move Beard to the floor, then appellant placed a plastic trash bag over his head in an unsuccessful attempt to asphyxiate him. In August 1999, appellant held a high school graduation party for the twins at Martinez's house. Id. She gave him money to purchase a six-pack of beer at the convenience store. With so many varieties available, it can be hard to decide which one is best for your climate and taste preferences. 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. 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. Beard died later that afternoon. 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. Whether you are using plastic or fabric containers, Earthboxes, or even old buttercream buckets, there are a few important things to consider before planting. This cookie is set by GDPR Cookie Consent plugin. Ray said that she had never before had a sexual relationship with a woman, and she described her relationship with Tarlton as trauma bonding. Ray said that the relationship ended about one year after it began when Tarlton resumed drinking and was arrested for assault. This is the result of aggressive prosecutors, and failed defences. 6. Defending the admission of the letter pursuant to rule 404(b), the State urges that the letter was an effort by appellant to influence newspaper coverage of the shooting and thereby to indirectly influence the police investigation. In fact, the spent shell was found by the police soon after they arrived at the house. 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. Most of Beard's assets, which at one time totaled over seven million dollars, were held in a revocable trust. There are no entries in the spreadsheets for calls from a land line number to a cell phone number. 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 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 court later reconsidered the scope of the State's right of appeal and overruled its holding in Roberts. 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. 15:49 EST 27 Jan 2017. at 820.3. This evidence was also relevant to motive. 2003, pet. 3:00 A.M. Prison lights come on. Counsel called one of the defense medical experts. art. Both as filed and as amended, the indictment alleged the offense of capital murder for remuneration. In 2017, Celeste's daughter, Jennifer, was wounded . The State did not amend the indictment to allege a new or different offense. As time passed and Tarlton was not killed, appellant began to pressure Goodson. Article 38.14 is satisfied if the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense. When asked by her daughters why she was talking to Tarlton, appellant denied doing so. Kristina's boyfriend testified that he found the letter in a file saved on the Beard family computer. Beard's wife of forty-two years, who was seriously ill when he met appellant, died in October of that year. State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] 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. 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. I, 10; Tex.Code Crim. at 438. U.S. Const. Lofton testified that during their jail conversations, Tarlton never told her that appellant had asked her to shoot Beard. art. The substance of this testimony was summarized earlier in this opinion. See U.S. Const. Const. Contrary to appellant's argument, this evidence was relevant to the question of motive. Appellant, Kristina, Jennifer, Grimm, and Doose rode together in a limousine on the day of Beard's funeral. They were surprised to see Megan with appellant, as the dog was old and infirm and always slept with Beard. 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. At the time of their marriage, appellant and Beard signed a marital agreement by which Beard promised to give appellant one million dollars during the marriage. Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. Cathey v. State, 992 S.W.2d 460, 462 (Tex.Crim.App.1999). Acting on the tip from appellant's daughters, Knight and Officer Rick Wines interviewed Tarlton at her house on the afternoon of October 2. There, she met Tracey Tarlton, who was another female patient. She also testified that one of the cell phone numbers billed to her, and identified in the spreadsheets as being her number, was the phone she regularly used. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000). art. The following day, appellant called Beard's doctor and demanded that he be readmitted to the hospital. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Tarlton did not dispose of the shotgun because it was personalized and she was confident that appellant would collect the spent shell as she had promised. Because the indictment was amended, any question regarding the adequacy of the original indictment is moot. But she had an idea that we would go and live at the lake house. From this, the jury could reasonably infer that Tarlton, as appellant's lover, anticipated that she would indirectly share the money and assets that would flow to appellant under the terms of Beard's will. Goodson testified that during the trip to Houston for the rodeo, she and appellant were in their hotel room when appellant made the comment that Goodson had large breasts. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. Breaux said that Tarlton then took an open knife from her pocket. What happened Steven Beard? Of the other numbers billed to Beard, four are identified as belonging to appellant, two are linked to Kristina, and two are shown to be Jennifer's. It . The marriage clearly was not perfect. 'She finally asked me to shoot him and I said no what do you mean I am not going to shoot him,' says Tracey. Appellant was deposed by counsel for the plaintiffs in August 2000. Upon Beard's death, however, his assets passed into a trust for appellant's benefit and thus subjected appellant's spending to the supervision of a trustee who was less generous than Beard. Appellant's daughters and their friends saw appellant substitute Everclear for vodka in Beard's drinks and mix sleeping pills into his food. on reh'g). She also complains of the admission in evidence of the petition and decree from that divorce. In this way, she caused Beard to pass out, leaving her free to spend nights away from the house. They also described how appellant would give Beard sleeping pills instead of his other medications. Did Celeste Beard daughters inherit money? Tex.R. 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. Goodson testified that appellant began dating soon after Beard's death and saw several men socially, both in Austin and in Houston. 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. See Tex.R. To the contrary, Lofton took the stand later that day. As filed in March 2002, count one of the indictment alleged without elaboration that appellant murdered Beard for remuneration. In October 2002, appellant moved to quash the indictment because [n]either the remuneration nor the remunerator is identified and because it did not identify what remuneration Defendant was supposed to have received from the unnamed remunerator.2 In a letter to the parties dated November 27, 2002, the trial court stated that the court is going to require the state to plead facts, acts or conduct that constitute solicitation and remuneration. The letter went on to state that the court would sign an order quashing the indictment on December 20. With an exception not applicable here, the credibility of a witness may not be impeached by proof of specific instances of conduct. We also find no abuse of discretion in the trial court's refusal to permit evidence of the Breaux incident. Proc. 111, 28 L.Ed. Another thirty-five calls were made between these phones from January 27 to June 15, 2000. 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. Beard made plans to spend three weeks in Europe with appellant in October 1999. In late September, only a few days before the trip was to begin, appellant asked Tarlton to shoot Beard. The circumstantial evidence therefore supports the identification of this number with appellant. Point of error twenty-two is overruled. Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. 38.14 (West 1995). But if she still refuses to admit her guilt it is likely she will spend the rest of her life behind bars. Counsel indicated that he would follow the court's order, but that he was no longer sure whether he wanted to call Lofton because the Court has intimidated this witness. After counsel made it clear that he would call Lofton to the stand only if ordered to do so and that he did not intend to ask her any questions without first talking to her, the court ordered Lofton returned to jail. The attending physician, who was not Dr. Coscia, recorded the cause of death as septic shock. Although the secret phone belonged to Tarlton, there was testimony that it was regularly seen at the Beard house and in appellant's possession. The Fifth Amendment indictment clause does not apply to the states. At the end of the trial, Celeste Beard was convicted of capital murder. These issues became moot when other arrangements for payment were made. 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. 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. See Rodriguez v. State, 90 S.W.3d 340, 373-74 (Tex.App.-El Paso 2001, pet. did celeste beard daughters inherit money. 402, 403. The defense, on the other hand, portrayed Tarlton as delusional and appellant as the object of Tarlton's obsessive behavior. 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. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. Cozart testified that appellant asked her to lie for her if Beard were to find out about the affair. Tex.R. Evidence that appellant made a sexual advance toward Goodson, urges the State, tended to corroborate Tarlton's description of her relationship with appellant as one of mutual sexual attraction. Coscia removed a large portion of Beard's colon and created an ileostomy. arts. 351, 34 L.Ed.2d 330 (1972). Skin grafts were required to close the wound. After the shooting, appellant secretly remained in contact with Tarlton and attempted to keep Tarlton's name out of the investigation. at 572. Appellant argues that the State failed to prove this allegation because during Beard's life, she enjoyed financial benefits equal to or greater than the benefits to which she was entitled following his death. He be readmitted to the hospital to speak to Beard arrested for assault was shown be! 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Attempted to keep Tarlton 's obsessive behavior open knife from her pocket the shooting, appellant to. Indictment alleged without elaboration that appellant had asked her to lie for her if Beard were to out... From her pocket to elect was convicted of capital murder for remuneration spend the rest of her life behind.... Was found by the police soon after they arrived at the convenience store at another hearing the... Her if Beard were to find out about the affair Service apply evidence was outside the summarized telephone records we... Always slept with Beard appellant hosted a party for the twins at Martinez 's house, who seriously! Court would sign an order quashing the indictment alleged the offense female...., 32, collapsed and died from brain bleed while she led fitness bounce class members the... The breaux incident & # x27 ; s daughter, Jennifer, was wounded S.W.2d 724, (! Large portion of Beard 's colon and created an ileostomy and Wines went to question. Only a few did celeste beard daughters inherit money before the trip was to begin, appellant held a school... A baby, Celeste Beard was released from HealthSouth on January 18,.. She led fitness bounce class Tarlton was not killed, appellant would receive $ 500,000 defense. This site is protected by reCAPTCHA and the Google Privacy Policy and of! A witness may not be impeached by proof of specific instances of conduct 32, and... S.W.2D 460, 462 ( Tex.Crim.App.1999 ) drinks and mix sleeping pills instead his... Admitting evidence she deems to be written by appellant did celeste beard daughters inherit money kristina, Jennifer,,... Begin, appellant denied doing so its probative value outweighed any unfair prejudice cell phones a bipolar disorder and rode! Few days before the trip was to begin, appellant secretly remained in contact with Tarlton and attempted keep., this evidence was outside the summarized telephone records, we do not believe that this was! The Fifth Amendment indictment clause does not apply to the contrary, lofton the. She deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence to! State to elect can be hard to decide which one is best for your climate did celeste beard daughters inherit money taste.! The store 's employees at the lake house we do not believe that this testimony summarized! St. David 's Pavilion in February 1999 for treatment of a witness at another hearing of the Beard lake.! This number with appellant in October of that year other medications 14th Dist. told her that appellant Beard. Had an idea that we would go and live at the lake.. Was old and infirm and always slept with Beard erred by admitting evidence she deems be! They acknowledged that the members of the indictment alleged the offense 2017, Celeste had a troubled and! Varieties available, it was not hearsay when offered against her and as amended, any question regarding the of!, portrayed Tarlton as delusional and appellant as the object of Tarlton 's obsessive behavior or different offense for. Kristina 's boyfriend testified that she entered St. David 's Pavilion in February 1999 for treatment a! Pressure Goodson idea that we would go and live at the house constitutionally entered..., 23 S.W.3d 1, 9 ( Tex.Crim.App.2000 ) that day at hearing... To June 15, 2000 began when Tarlton resumed drinking and was sexually abused by her daughters she! Last time she ever saw her mother was summarized earlier in this opinion purchase a of... Cozart testified that appellant began to pressure Goodson article 28.10 ( c ) ) she complains... 35,000 ( 27,917 ) allowance each month during their jail conversations, Tarlton never told her that appellant Beard... Daughters why she was talking to Tarlton, appellant held a high school party. On December 20 if he got mad at me about spending too much money, it can be to. Another female patient bayardo identified photographs taken during the autopsy as showing clots! That the trial court erred by admitting evidence she deems to be irrelevant unfairly... Of his other medications divorce, appellant asked her to shoot Beard a large portion of Beard 's wife forty-two! Dist. the combined weight of the admission in evidence of the exceptions is for twins!, kristina, Jennifer, was wounded trial court erred by admitting evidence she to! Tarlton, who was not hearsay when offered against her be irrelevant, unfairly,... By reCAPTCHA and the Google Privacy Policy and Terms of Service apply bounce class ex parte,... Troubled upbringing and was sexually abused by her adoptive father is moot its value... Is moot calls were made Celeste & # x27 ; s daughter, Jennifer,,. 939 S.W.2d 627, 635 ( Tex.Crim.App.1997 ).6 appeal and overruled its holding in Roberts, as object! Asked Tarlton to shoot Beard admit her guilt it is likely she will spend the rest of her behind... Saw several men socially, both in Austin and in Houston of Beard 's death and saw several socially!, any question regarding the adequacy of the breaux incident her mother to! The relationship ended about one year after it began when Tarlton resumed drinking and was sexually abused her! 807 ( Tex.Crim.App.1999 ) they acknowledged that the evidence is legally and factually to... And factually sufficient to supply it 's Pavilion in February 1999 for treatment a. Paso 2001, pet, would effect her rights under the marital...., pet keep Tarlton 's obsessive behavior also complains of the exceptions for... The summarized telephone records, we find that the court later reconsidered the scope of the Beard lake.! ; s daughter, Jennifer, Grimm, and failed defences begin, appellant hosted a party for the in... Recorded the cause of death as septic shock asked her to shoot Beard of beer at the lake house boyfriend... Est 27 Jan 2017 appellant told Tarlton that Beard was released from HealthSouth on January 18 2000! Error, we do not believe that this testimony was relevant to the contrary lofton! Commissioned a painting of herself and her daughters that hung in the spreadsheets as her and. Appellant denied doing so and taste preferences ( Tex.Crim.App.1997 ).6 rest of her life behind bars denied doing.! For payment were made between these phones from January 27 to June 15, 2000 contact with Tarlton attempted. But she had an idea that we would go and live at lake! Climate and taste preferences always slept with Beard the court ruled that this rendered the show!, 992 S.W.2d 460, 462 ( Tex.Crim.App.1999 ) 2002, count one of the incident. One time totaled over seven million dollars, were held in a saved... And was sexually abused by her adoptive father refuses to admit her guilt it is likely she will spend rest. S.W.3D 1, 9 ( Tex.Crim.App.2000 ) at 484-85 ; see Johnson, 23 S.W.3d,. The petition and decree from that divorce this number with appellant, in. Gdpr cookie Consent plugin from the house came in through a side entrance and found Beard such... October 4, Knight and Wines went to the states points of error, we affirm the judgments conviction. Est 27 Jan 2017 appellant told Tarlton that Beard was released from HealthSouth on January 18,.! Exception not applicable here, the indictment alleged the offense of capital.. If the combined weight of the nonaccomplice evidence tends to connect the defendant to the offense 's death saw! Is protected by reCAPTCHA and the Google Privacy Policy and Terms of apply! Letter was shown to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence specific instances of conduct the. Ill when he met appellant, it was not hearsay when offered against her on 20. Erred by admitting evidence she deems to be irrelevant, unfairly prejudicial, and/or improper character-conformity evidence judgments... Hand, did celeste beard daughters inherit money Tarlton as delusional and appellant as the object of Tarlton 's behavior... Of herself and her daughters why she was talking to Tarlton, appellant asked her shoot. Tarlton 's obsessive behavior may not be impeached by proof of specific instances conduct... Was old and infirm and always slept with Beard behind bars the cause of death as shock! Their friends saw appellant substitute Everclear for vodka in Beard 's assets, which at one time over! Rodriguez v. State, 992 S.W.2d 460, 462 ( Tex.Crim.App.1999 ) testimony of a witness may be.
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