Appellant urges that the trial court erred by permitting the State to introduce in evidence a videotaped deposition she gave in a civil suit filed by Beard's three children after his death. 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. After examining Beard, the doctor ordered him readmitted. At the end of the trial, Celeste Beard was convicted of capital murder. Appellant's cross-examination of Tarlton consumes over three hundred pages of the reporter's record, and much of it concerned Tarlton's psychiatric history. 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-oldTV tycoon Steven Beard. Adopted as a baby, Celeste had a troubled upbringing and was sexually abused by her adoptive father. 673, 74 L.Ed.2d 535 (1983); Ex parte Kopecky, 821 S.W.2d 957, 958-59 (Tex.Crim.App.1992). 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. Steven fought for his life for months in hospital, and was eventually released. Missouri v. Hunter, 459 U.S. 359, 368, 103 S.Ct. at 820.3. The Double Jeopardy Clause does not impose a limitation on the legislative prerogative to prescribe the scope of punishment. The sound and pain woke Beard, who summoned emergency help. Appellant contends that her due process rights were violated by the trial court's remarks to Lofton. Kristina's boyfriend testified that he found the letter in a file saved on the Beard family computer. 'One night she came into my room and she kissed me. Point of error thirty-six is overruled. The Supreme Court held that the judge's threatening remarks, directed alone at the single witness for the defense, effectively drove that witness off the stand, and thus deprived the petitioner of due process of law under the Fourteenth Amendment. Id. 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. Lofton also testified that she had met appellant in jail and maintained a correspondence with her. On February 10, 2000, Goodson went to the Houston rodeo with appellant. 06:26 EST 27 Jan 2017 He testified that the shotgun wound was doing quite well, and there was no reason to suspect that he would die of that at all. Petty agreed with Satterwhite that Beard's death was caused by septic shock resulting from the streptococcal infection. Tarlton was arrested a few days after the shooting and released on bail. However, he later died from a blood clot, which was ruled a complication from the gunshot wound, People states. at 839. Aj, 2021 Tomato Varieties to Try in Your Garden this Year | Varieties for Storage & Other Tomatoes Available, Tomatoes are a popular and versatile vegetable that can be used in a variety of dishes. I know without question many people sit in jail who are innocent. Bayardo testified that the immediate cause of death was pulmonary emboli. Appellant was also not allowed to question Dr. Richard Coons, a psychiatrist called by the State, about this incident. Point of error three is overruled. Ann. Instead, Tarlton told Lofton that she shot Beard because he never cared for her. The cookie is used to store the user consent for the cookies in the category "Analytics". When do the clocks change in 2023? The cookies is used to store the user consent for the cookies in the category "Necessary". She also showed Goodson Tarlton's house and automobile. 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. '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 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. (quoting McManus v. State, 591 S.W.2d 505, 513 (Tex.Crim.App.1979)). Although the secret phone belonged to Tarlton, there was testimony that it was regularly seen at the Beard house and in appellant's possession. On the day Beard died, however, Grimm found an unfamiliar cell phone in appellant's car. 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). Point of error two is overruled. After the record was filed, appellant filed the brief raising the points we address in this opinion. 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. A criminal defendant is constitutionally entitled to confront the witnesses against her. Point of error twenty-four is overruled. 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. The anomaly identified by appellant goes to the accuracy of the billing records themselves-an issue that is not before us-rather than to the accuracy of the spreadsheet summaries of the billing records. The court was of the opinion that the excluded cross-examination might have aided the jury's consideration of the accomplice's credibility. I am not sure what Celeste's real role in this was, but I can say from what I saw on TV , this women got an unfair trial! Appellant asked Goodson if she knew anyone who could get rid of Tracey. Goodson told appellant anybody could get rid of anybody for the right amount. Upon their return to Austin, appellant gave Goodson $500 to hire a hit man to kill Tarlton. The State did not seek the death penalty for the capital murder, and the district court sentenced appellant to life imprisonment. Appellant promised to do so. Appellant relies on the opinion in Virts v. State, 739 S.W.2d 25, 30 (Tex.Crim.App.1987), in which the court held that a defendant should have been permitted to cross-examine an accomplice witness regarding the witness's history of psychiatric problems. Appellant also attempted without success to poison Beard with botulin that she and Tarlton grew with instructions they found in a book of poison recipes. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. There, she met Tracey Tarlton, who was another female patient. They also testified that, as shown in the spreadsheets, one of the cell phone numbers billed to Beard was his car phone, one was appellant's car phone, two were appellant's primary cell phone (before and after the number was changed), two were Jennifer's cell phone (before and after the number was changed), and two were Kristina's cell phone (before and after the number was changed). 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. art. Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. Beard died later that afternoon. I, 10. We first address the five land lines. 1431, 89 L.Ed.2d 674 (1986); Carroll v. State, 916 S.W.2d 494, 497 (Tex.Crim.App.1996). 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. The trial court did not err by refusing to quash the amended indictment. Tarlton said that she and appellant remained in contact during the weeks following the shooting. Point of error twenty-seven is overruled. 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. I, 10. See Tex.R. 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. What happens to atoms during chemical reaction? H e was 69, and she was 32. Appellant arranged dates for herself and Goodson while in Houston. ref'd). It follows that the amended indictment was not objectionable for failing to name the person who was to pay the alleged remuneration. On January 19, appellant called Dr. Coscia to complain about the quality of care Beard had received at HealthSouth. She said that if Beard did not die immediately, she would wait for him to bleed to death before calling the police. The jury awarded Celeste Beard a life imprisonment sentence in 2003. at 835 (Teague, J., dissenting and summarizing underlying facts). We find the question to be close, but conclude that the trial court did not abuse its discretion in this ruling. 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. In fact, appellant was shown to have regularly tampered with Beard's food and drink in a manner that was dangerous to his health. The term remuneration as used in section 19.03(a)(3) encompasses a broad range of situations, including compensation for loss or suffering and the idea of a reward given or received because of some act. Beets v. State, 767 S.W.2d 711, 734 (Tex.Crim.App.1988) (op. Copyright 2023, Thomson Reuters. Pen.Code Ann. 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. Viewing the evidence in the light most favorable to the jury's verdict, and thus assuming that the jury believed the State's experts and discounted the testimony of the defense experts, the evidence is clearly sufficient to support a finding beyond a reasonable doubt that Beard died as a result of the shotgun wound inflicted by Tarlton on October 2. Id. See id. See U.S. Const. It is reasonable in such a case to require the State to identify the alleged payor and payee in the indictment. This year, many gardeners are looking for new varieties of tomatoes to try out in their gardens. Nico has put together an impressive list of tomato varieties for 2021. Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. Proc. 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. 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