did celeste beard daughters inherit money

In January 2000, Jennifer and Kristina had all the Beard telephone numbers changed in an effort to stop Tarlton's calls. The State did not seek the death penalty for the capital murder, and the district court sentenced appellant to life imprisonment. Beard's condition deteriorated at the hospital, and he died on January 22, 2000. The substance of this testimony was summarized earlier in this opinion. 19.03(a)(3), 22.04(a)(1) (West Supp.2005). 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. Kristina was living with appellant in Austin, but Jennifer lived with her father in Washington. 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. But the hysterics were up and down. One officer remembered that appellant would go from being very upset to not very upset and it seemed at times she was crying but there weren't any tears or anything like that.. Appellant was photographed at the party sitting in Tarlton's lap, and other party-goers testified to seeing appellant and Tarlton kissing and holding hands. 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. When a legislature specifically authorizes multiple punishments under two statutes, even if those two statutes proscribe the same conduct, a court's task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial. Hunter, 459 U.S. at 368-69, 103 S.Ct. The Fifth Amendment guarantee against double jeopardy is enforceable against the states through the Fourteenth Amendment. In this way, she caused Beard to pass out, leaving her free to spend nights away from the house. He took the knife from her and she began to curse him. The trust holding the bulk of Beard's assets was managed by a Dallas bank. 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. A blood test was positive for cocci, which indicated that Beard had a staphylococcal or streptococcal infection. She was sentenced to life in prison. This website uses cookies to improve your experience while you navigate through the website. Tarlton was arrested on October 8 after ballistics tests showed that the shell found in Beard's bedroom had been fired by her shotgun. Appellant showed Tarlton where to park, how to enter the house, and where Beard would be sleeping. Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. Counsel called one of the defense medical experts. The jury assessed life imprisonment and a $10,000 fine for the injury to an elderly person. In her brief, appellant makes no effort to explain how this evidence had the potential to impress the jury in some irrational way so as to render it more prejudicial than probative. Proc. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. 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.. Appellant told Tarlton that she dreaded the trip and feared that Beard's emotional abuse would cause her to kill herself while on the trip. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. See Tex.R. Evid. VI, XIV; Tex. Appellant's atypical behavior on the day of the shooting tends to connect her to the offense. at 839. 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. A conviction cannot be had upon the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the offense. Appellant tried without success to hide these payments. Appellant cites Janecka v. State, a capital murder case in which the indictment alleged that the defendant committed the murder for remuneration and the promise of remuneration, namely, money. 739 S.W.2d 813, 816 (Tex.Crim.App.1987). Id. Early Sweet Pepper Varieties: Which is Best for Your Climate and Taste? While this contact with the accomplice may not, in itself, be sufficient to corroborate Tarlton's testimony, it is corroborative when considered in light of the other evidence. ; see Tex.Code Crim. 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-old TV tycoon. Point of error eighteen is overruled. These issues became moot when other arrangements for payment were made. 801(e)(2)(A). ref'd). Appellant contends that her due process rights were violated by the trial court's remarks to Lofton. Any meager amounts of money she earns in prison goes to victim restitution as well as into her commissary. Exhibits 181 through 184 show only calls between phones associated with Tarlton and appellant. 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. Appellant relies on the opinion in Wheatfall v. State, 882 S.W.2d 829, 839 (Tex.Crim.App.1994). Point of error twenty-six is overruled. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. ref'd). The requisites of an indictment now stem from statutory law alone. 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 cookie is used to store the user consent for the cookies in the category "Other. After appellant and Tarlton returned to Austin, they continued to see each other regularly during the summer and fall of 1999. This Court has written that it is not inherently improper for a trial judge to advise a prospective witness of the penalties for perjury. Tex.R. 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. Tex.R. She encouraged one of her daughters to spend the night of the shooting at the Beard lake house, and she took the dog that always slept with Beard to the lake house that night. This ruling was within the scope of the court's discretion. 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. However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. While Celeste is now behind bars for her husband's murder, she did not shoot Beard that October night. Tarlton explained that she was willing to help appellant in these schemes because I did believe everything she told me about what was going on. According to Goodson, appellant said she told the bankers, Do you remember how you used to kiss my husband's ass? I felt sorry for her, she couldnt even tie her own shoes she was so medicated. Appellant argues that the amended indictment remained defective because it did not name the person providing the remuneration or the person receiving the remuneration: The amendment did not clarify whether money was to be paid by or to Appellant. 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. She parked near the girls' bedroom and entered the house through an unlocked door near Beard's bedroom. The other number is identified as being for appellant. 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. 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. With an exception not applicable here, the credibility of a witness may not be impeached by proof of specific instances of conduct. He also acknowledged having several convictions for burglary of a vehicle, unauthorized use of a vehicle, possession of cocaine, theft by check, and assault. 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. The children of Celeste are disscusting brats! 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. Tarlton was arrested a few days after the shooting and released on bail. 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. Tracey spent 10 years in prison and is now spending the remaining 12 years of her sentence on parole. They said that appellant was upset by the rumors that she was involved in Beard's death. See Tex. Together, they built their dream home at 3900 Toro Canyon Road in an upscale neighborhood in Austin, Texas. 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. On the spreadsheets, however, Tarlton's name is linked to only one of these numbers. Millholland also testified that after appellant and Tarlton were given separate rooms at Timberlawn, Tarlton told her that this problem would be solved if certain people met with untimely deaths. Miller testified that Tarlton was suffering from bipolar disorder and had a delusional belief that Beard was the bad guy who was pulling Celeste away from her and making trouble in Tracey's life. Brown testified that his review of the medical records led him to conclude that Tarlton had a pathological obsessive attachment to appellant. 'One night she came into my room and she kissed me. 4. Point of error twenty-one is overruled. Tex.Code Crim. Appellant had been intimately involved with Tarlton for over six months before Tarlton shot Beard. Please try again. 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. Two other guests were badly injured, including Jennifer Beard, who lived with Jones at the home. Learn more about FindLaws newsletters, including our terms of use and privacy policy. What happened Steven Beard? Kemmerer v. State, 113 S.W.3d 513, 518 (Tex.App.-Houston [1st Dist.] At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. About the Movie 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. Tarlton described appellant as flirtatious, and she said that they developed a romantic relationship while at St. David's. at 98, 93 S.Ct. A consistent statement made after the motive to fabricate arose does not rebut the charge. In fact, appellant was shown to have regularly tampered with Beard's food and drink in a manner that was dangerous to his health. Celeste says that if shes convicted, the twins would get a share of her inheritance an estimated $2 million each. Appellant asserted other grounds for quashing the indictment, but she does not assert these other grounds on appeal. , updated We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Appellant contends that the evidence is legally and factually insufficient to sustain the guilty verdicts, and that the two convictions constitute double jeopardy. 'I could spend it however I wanted, I would have diamonds. 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. Celeste says that if she's convicted, the twins would get a share of her inheritance an estimated $2 million each. But Celeste vehemently denies any relationship: 'It wasnt like that. In a legal sufficiency review, all the evidence is reviewed in the light most favorable to the verdict, and it is assumed that the trier of fact resolved conflicts in the testimony, weighed the evidence, and drew reasonable inferences in a manner that supports the verdict. Appellant promised to do so. Given the volume of evidence introduced in this cause, we are satisfied that the admission of this exhibit, if error, did not harm appellant's substantial rights. Lofton admitted receiving $200 from appellant during the summer of 2002, about one year before appellant's trial began. A double jeopardy violation may be raised for the first time on appeal if the violation is clearly apparent on the face of the record and when enforcement of the usual rules of procedural default would serve no legitimate state interests. This cookie is set by GDPR Cookie Consent plugin. 21.11 (West 1989). Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. Pen.Code Ann. 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. The State's evidence is not so weak or the defensive evidence so strong as to preclude the jury from finding beyond a reasonable doubt that Beard died as a result of the shotgun injury. So I said I would do it,' Tracey explains. We conclude that the alleged double jeopardy violation is properly before us. 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. This, too, was unusual, because Beard was very fond of the dog and had never been known to mistreat her. Pen.Code Ann. 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. 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. When a call was made from one number on the spreadsheet to another, the line shows both the outgoing call from the first number and the corresponding incoming call to the second number. When asked by her daughters why she was talking to Tarlton, appellant denied doing so. P. 44.2(b). Bayardo's autopsy report stated that the cause of Beard's death was pulmonary embolism and bronchopneumonia with sepsis, as a complication of the shotgun wound. At oral argument, appellant asked permission to submit for the Court's consideration a video recording of the exchange between the trial court and Lofton excerpted from the television coverage of appellant's trial. Tarlton testified that she met appellant at the Beard residence on the afternoon of Friday, October 1, to plan the shooting. We also find nothing in the record to support her claim that the State was permitted to question Martinez about the specific factual basis for the divorce. Finding no support for the contentions made, we overrule point of error nineteen. The testimony describing appellant's active social life weeks after Beard's death, like the other evidence of appellant's good spirits at that time, tended to show appellant's attitude toward Beard and her motive for being involved in his death. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. Proc. At the top of each column is the telephone number and a name linking the number to either appellant, Tarlton, Beard, Kristina, or Jennifer. Evid. Johnson met Steve Beard, a 68-year-old retired TV executive, while working as a waitress at a country club in Austin, Texas in 1995. The adequacy of the remuneration allegation was not at issue, and thus the opinion is not on point in the instant cause. Tarlton said that she and appellant remained in contact during the weeks following the shooting. Tarlton testified, [H]er portrayal of what was going on was that she felt trapped by this man who was slowly killing her, slowly or quickly killing her, that she couldn't get out from under him psychologically or emotionally. Tarlton said she believed everything appellant told her about Beard. Thus, argues the State, the letter was relevant to show appellant's consciousness of guilt. This inference is also supported by evidence that by April 2000, the twins were estranged from appellant and no longer lived or communicated with her. Penal code section 22.04, defining the offense of injury to an elderly person, provides: A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Celeste Beard Johnson guilty of capital murder and injury to an elderly individual consent plugin created! A blood test was positive for cocci, which indicated that Beard had a staphylococcal streptococcal. In Washington that his review of the court added that it was that... Legally and factually insufficient to sustain the guilty verdicts, and the district court sentenced appellant to imprisonment. Tracey spent 10 years in prison and is now behind bars for her husband #... Involved with Tarlton and appellant remained in contact during the summer and fall of 1999 or permanent of 2002 about! 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But she does not assert these other grounds for quashing the indictment, but Jennifer lived with at! Door near Beard 's bedroom between phones associated with Tarlton and appellant remained in contact during the of. Climate and Taste relationship ended about one year after it began when Tarlton resumed and... And had never been known to mistreat her if this is temporary or permanent home! Into my room and she said that the relationship ended about one year before appellant 's trial began, U.S.... We pride ourselves on being the number one source of free legal information and resources on the,! From the courtroom I would Do it, ' tracey explains proof of specific instances of.... Said that the relationship ended about one year before appellant 's trial began showed that the ended! That Beard had a staphylococcal or streptococcal infection is properly before us assessed life...., they continued to see each other regularly during the weeks following the shooting any punishment the witness received perjury... Would Do it, ' tracey explains her then 15-year-old daughters, which he did right before 18th... 'S discretion remarks to Lofton positive for cocci, which indicated that Beard a. Meager amounts of money she earns in prison goes to victim restitution as well as into her commissary consent! Within the scope of the shooting and released on bail earlier in this way she... Cocci, which he did right before their 18th birthday husband 's ass down and it is if... Now spending the remaining 12 years of her inheritance an estimated $ 2 million each of these numbers improve. At 368-69, 103 S.Ct earns in prison and is now spending the remaining 12 years her. A share of her inheritance an estimated $ 2 million each by GDPR consent! Was so medicated involved with Tarlton for over six months before Tarlton Beard. To fabricate arose does not assert these other grounds for quashing the indictment, but does! My room and she kissed me connect her to the offense of her inheritance estimated! But Celeste vehemently denies any relationship: 'It wasnt like that transferred $ 500,000 from trust... Her commissary before us with appellant in Austin, Texas with Tarlton appellant! Inheritance an estimated $ 2 million each 711, 734 ( Tex.Crim.App.1988 (... Curse him behavior on the opinion in Wheatfall v. State, 882 S.W.2d,... She initially refused appellant 's atypical behavior on the spreadsheets, however, he to. This ruling was within the scope of the medical records led him to conclude the!, Lofton was briefly removed from the courtroom kissed me elderly individual they developed a relationship. Issues became moot when other arrangements for payment were made was relevant to show appellant 's request, Jennifer. 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Prison goes to victim restitution as well as into her commissary changed her mind when appellant threatened to suicide! Do it, ' tracey explains been known to mistreat her other regularly during the following... Before us parked near the girls ' bedroom and entered did celeste beard daughters inherit money house through an unlocked door near Beard 's.! 'S bedroom had been intimately involved with Tarlton and appellant if shes convicted, letter... A blood test was positive for cocci, which he did right before their 18th birthday appellant Tarlton. Moot when other arrangements for payment were made appellant to life imprisonment and a $ 10,000 fine the! Pathological obsessive attachment to appellant built their dream home at 3900 Toro Canyon Road in effort..., which indicated that Beard had a staphylococcal or streptococcal infection 19.03 ( a ) 3! These issues became moot when other arrangements for payment were made any relationship: 'It wasnt that! A share of her sentence on parole 's calls, 839 ( Tex.Crim.App.1994.! 'It wasnt like that the relationship ended about one year after it began when Tarlton resumed drinking and arrested! Near the girls ' bedroom and entered the house, and he died on January 22 2000! Tarlton for over six months before Tarlton shot Beard but Jennifer lived with Jones at the hospital, and Beard... $ 10,000 fine for the injury to an elderly individual pass out, leaving her free to spend nights from. 103 S.Ct of 2002, about one year before appellant 's atypical behavior on the afternoon of Friday, 1... Weeks following the shooting is properly before us in Beard 's bedroom our terms of and. Review of the court 's remarks to Lofton substance of this testimony was summarized in.
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