The trial court was careful to eliminate images of unrelated sexual activity and nudity, leaving only those images showing ligature and manual strangulation of women and other items pertinent to this circumstantial evidence case where a woman was strangled in her own home. Zimmerman v. State, 860 S.W.2d 89, 93 (Tex.Crim.App.1993). The Due Process Clause of the Fourteenth Amendment to the United States Constitution requires every state criminal conviction to be supported by evidence that a rational trier of fact could accept as sufficient to prove all the elements of the offense charged beyond a reasonable doubt. Choate allowed him to see the inside of the house. Id. Calls to Akia went . Tonight, Dateline will investigate the details of Holik's death. She described the man as appearing nervous and sweaty. His complaint about the testimony provided by Melody Blount, Annette Beeler, Connie Morton, Stephanie Nichols, Kathleen Hamlet, Sandy Menley, and Johna Ramirez is based on contact with appellant alleged to have occurred in May 2001. Jurors had two pieces of evidence that tied Russo to the crime scene: DNA from a hair that matched his and DNA from a swab taken from Holik's left hand. Diane Holik was excited to enter a new phase in her life after getting engaged. No such necklace was found. Appellant relies on Rule 40111 to claim that the testimony of seven of the female homeowners and realtors concerning their encounters or interactions with appellant was too remote to be relevant. Appellant could not be excluded from two hairs retrieved from a green towel found in the living room.5. We shall consider the issue presented. In a legal sufficiency review of the evidence, the jury's inference of intent is afforded greater deference than evidence supporting proof of conduct. If error was preserved, it was during pretrial hearings. Russo, a part-time music minister, pretended he was interested in purchasing Holiks home, and claimed that he could buy the $450,000 house in cash, even though his bank account was later found to only have had $1,796 in it at the time. Her fiance, who was in Houston, was quickly ruled out. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. However, Diane was found dead on the first floor in one of the bedrooms upstairs. Whether to admit an out-of-court statement under an exception to the hearsay rule is committed to the trial court's discretion. Tue Jun 27, 2017 at 10:11pm ET. By some measures, troublemaking is declining inside Darrington. (internal quotation marks omitted). Thats Michael Imperioli, 2012-2023, 2paragraphs Productions, LLC. We disagree. They worked as a team in managing new college hires for IBM. But we are sure that it is not available and his spouses name is not available. Dr. Richard Coons, a psychiatrist and an attorney, testified concerning his training in human sexuality. Other evidence showed that several days before the murder, appellant accessed the necrobabes.com Web site which detailed a scenario that involved the ligature strangulation of a woman and the theft of her jewelry. Holiks demise story has been featured on the scene of Dateline. But just as things were looking up for her, tragedy wasnt far behind. Rector examined the computer with a program called Encase, which is designed to recover any data located on a hard drive, whether it is an active computer file or a previously deleted file. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. With Schwalebert's permission, Detective Rector, on a lab computer, went on the Internet to the paid portion of necrobabes.com and downloaded all the photographs and stories that appellant had viewed on the Web site, as reflected by the Internet history of his computer. On 9 Mar 2014 @rachelmvg tweeted: ""A haunted place, some said - or perhaps.." - read what others are saying and join the conversation. This website is using a security service to protect itself from online attacks. The indentations appeared to have been made by plastic zip ties or flex-cuffs once used by police to bind prisoners' wrists together. There was no sign of a sexual assault.. Computer searches are no less constitutional than searches of physical records where innocuous documents may be scanned to ascertain their relevancy. United States v. Hunter, 13 F.Supp.2d 574, 584 (D.Vt.1998). Teena Fountain, an IBM coworker from Oak Park, Illinois, testified that on the morning of November 16, 2001, she was contacted by coworkers, Diane Kapcar of Dallas and Cynthia Barajas of Los Angeles, California, who reported that Holik had missed a scheduled meeting, and that they had been unable to contact her by any available means. After the initial discovery, and without obtaining a new warrant, the detective abandoned the search for drug trafficking evidence, and proceeded instead to download and view over 200 similarly labeled JPG files in a successful search for further images of child pornography. Commonwealth v. Marshall, 287 Pa. 512, 135 A. Appellant's known fingerprints matched the prints on the black-and-white flyer and prints on the flyer box in Tammy Cranford's yard. Here again, appellant does not contest the evidence supporting the murder conviction but claims only that the evidence is factually insufficient to show that the offense occurred in the course of a robbery. at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Ideally, the state would expand the program elsewhere in the coming years, such as its womens unit in Gatesville, about 100 miles north of Austin, Whitmire said. ref'd). In many such encounters, Dr. Coons explained, there is no completed sexual act. King v. State, 29 S.W.3d 556, 562 (Tex.Crim.App.2000); Rodriguez v. State, 939 S.W.2d 211, 218 (Tex.App.-Austin 1997, no pet.). Heavy.com | Page 6303 | Sports, Entertainment, Breaking News & Shopping Susan Fox, the pastor's wife, testified about the same conversation. Patrick Russo, Texas (47 matches): Phone Number, Email, Address - Spokeo The death of Diane Holik sparked fear in local real estate agents, who believed that they could be the next victim. Johna Ramirez, who lived in the Upland subdivision of Austin, identified appellant as the man who came to her house, which was for sale, on May 15 and November 5, 2001, both times just after her husband left for work. Evid. Moreover, there was evidence that at the time of the murder, appellant was in dire financial straits. in charity morgan burger recipe. Holik was engaged to be married and planned to move to Houston where her fianc lived. He said that he did not enter any houses. ref'd) (finding no abuse of discretion in admission of prior statement by murder victim that he intended to go to defendant's shop); see Green v. State, 839 S.W.2d 935, 942 (Tex.App.-Waco 1992, pet. The Estimated Net worth is $80K USD $85k. State Sen. John Whitmire, Lt. Gov. 404(b). By James Wray. Holik's neck bore the marks of a ligature, which was never found. pet.). Barajas related that Holik gave an explanation for why she was late. Detective Roy Rector initially searched the computer using the Encase software for references to Holik and found none. This court found no abuse of discretion in the admission, pointing out that the complained-of evidence was offered to show the victim's state of mind on July 10, some two weeks before her disappearance, as to her intent to continue her relationship with Fain. Id. Tex.R. Appellant told the detectives that he became lost during the storm in a residential area of Austin. The jury returned a general verdict of guilty of capital murder. Where different theories of the offense are submitted to the jury in the disjunctive, as in the instant case, a general verdict is sufficient if the evidence supports one of the theories. The black-and-white flyer was turned over to the police.3. Keeping in mind the particular facts of the instant case, we find no violation of the Fourth Amendment. Also, we have no idea about his brother and sister, and we dont know their names either. he was in diane's area the day she was killed. More than 136 such documents in the temporary Internet files folder were located. ref'd). 93, 628 S.E.2d 92 (Va.App.2006), the search warrant under which the computer was seized was issued relative to the crime of distribution of controlled substances. Passwords were issued allowing entry to the said Web site as a result of the memberships. Id. Several of the Internet pages related to the realtors who testified at trial. The mothers name is Not Available. P. 33.1(a); Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999) (claim of error not preserved where defendant objected on the ground the testimony was hearsay, but failed to object to the relevancy of the testimony). Priest testified that appellant did not appear at the station on the day and time in question. Rector explained that the only way to do that was to recover the entire Internet history and "go through that basically by hand, look at it to see what is real estate and what is not." Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. There had been a power struggle between the two at the church. At some point, Rector was able to parse the Internet history relating to necrobabes.com and determine the dates and times on which the computer had accessed the necrobabes.com Web site on the Internet. Susan Fox reported that appellant said that he had shaved off his goatee and had removed the pin-striping from his van, and that these actions might look suspicious to the police. Holik's demise story has been featured on the scene of Dateline. He was a full-time unskilled employee at a custom-cabinet-making company. Dateline: Tony Russo Murderer Today - Diane Holik Murder Update Id. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Evid. 202, 355 S.E.2d 897, 899 (Va.App.1987) and United States v. Ross, 456 U.S. 798, 820, 102 S.Ct. The evidence indicates that Holik's dogs had been confined in the house for some time. 37, 205.15 Detective Roy Rector, a forensic computer examiner with the Austin Police Department, first made a copy of the computer's hard drive, which is protocol for forensic computer examination. In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. 21. The testimony presented before the jury showed that Holik planned and had the intent to meet the man who just left the following Saturday. He stopped opening picture files and obtained a second search warrant that allowed him to specifically search for child pornography. The man took a black-and-white flyer out of the plastic real estate bucket and approached the house. Diane was face down and had ligature marks around her all-over neck according to the source. The essence of appellant's complaint is that the police exceeded the scope of the search under the June 18 warrant when the police "used" information that they learned from the computer's Internet history to "discover private information on appellant's computer.". Appellant argues that there were no eyewitnesses to the offense. 19. Jeffery Deem, a technology specialist, used the Encase program to make a copy of the computer's hard drive and then performed a keyword search. Love #Dateline? A trial court abuses its discretion in the context of evidentiary rulings only if its ruling is outside the zone of reasonable disagreement. See Photos. McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). There was no objection to this latter statement which was Barajas's opinion, not a present sense impression exception to the hearsay rule. He indicated that the material from the erotic asphyxiation Web site tended to reveal the motive for the killing of the victim, which was sexual sadism. There are two ways in which a court may find the evidence to be factually insufficient: if the evidence supporting the verdict is so weak as to make the finding of guilt clearly wrong or manifestly unjust, or if the verdict is against the great weight and preponderance of the evidence. ref'd))). According to her, appellant said that during the storm, he stopped at a house to ask directions and a lady came to the door, that it was raining hard, and that she was kind of bothered about his being there. P. 33.1(a). Patrick had a long criminal history. The man asked for a floor plan, which Cranford did not have. Appellant does not brief or present argument or authority in support of any contention that the allegations of murder are not supported by the evidence. On the morning of November 16, 2001, Diane missed a scheduled work call. At the hearing, appellant agreed that Barajas's warning to Holik was not hearsay and expressly stated that he had no objection to the testimony about Holik's recovery of her ring or rings. Evidence was admitted that demonstrated that appellant's wife (a school teacher) and his son (a student) were at school during much of the time that the Internet was used to access the necrobabes.com Web site. Moreover, objections based on remoteness go to the weight rather than the admissibility of the evidence. In December 2015, he filed for Grounds for Relief. In many situations, he wanted to meet the woman realtor alone at the site of the vacant house. Diane Holik, Patrick Anthony Russo: 'Dateline NBC'--'Erotic Horror The break in the case came after police received a tip from a woman who stated that a man had stopped by to take a tour of her home. Holik's wrists had been bound, and there were marks around her neck indicating strangulation by ligature, meaning a garrote such as a cord or rope. On this latter date, she took note of the license plate number on his van. Investigation Discoverys Six Degrees of Murder: Ties That Bind chronicles the work that went into catching Dianes killer. Seven years of Dateline's Missing in America: 156 still missing - NBC News >> but an odd coincidence. All he wanted to do at that point was to preview the house so that he could come with his wife later to see it again. Lived In Lake Jackson TX, Clute TX. Disciplinary infractions dropped about 17 percent between 2011 and 2014, while instances of contraband plummeted nearly 72 percent, according to agency data. Man gets life in prison for strangulation, Several assaults, thefts reported in latest crime activity. Alvarado, 912 S.W.2d at 207. Evid. Eight years of Dateline's Missing in America: 169 still missing - NBC News According to C Net, Russo appealed, citing two relevant issues one, that police overstepped the boundaries of the search warrant when they took his computer, and two, that his subscription to Necrobabes should not have been used as evidence to convict him. The sixth ground of error is overruled. Appellant told her that he would pay cash, that he had just sold a ranch, and that he needed to buy quickly. The jury as the trier of fact is the sole judge of the credibility of the witnesses and the weight to be given the testimony and may accept or reject all or any of a witness's testimony. Several of the Internet pages related to the realtors who testified at trial. However the demise case murder is as yet a secret. However the demise case murder is as yet a secret. A jewelry box, a key string, and a necklace that had been attached to a charm were missing. Many of the homeowner-witnesses were able to identify appellant as the man who came to their homes, wanting to see the house or a floor plan, saying that he would be a cash buyer, having just sold a ranch, rejecting the idea of contacting a realtor, and frequently saying that he would return with his wife on the weekend. He gave the name of Jim Taylor. The court stated: [The computer analyst] testified that when he searches a computer, he systematically goes through and opens user-created files regardless of their names. See Tex.R.App. 13. The trial court had not read the written objections and deferred any ruling at that time. The fianc and coworker were excluded, but Mills could not exclude DNA samples from the victim or appellant on the swab. Show us with your support. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. See Tex.R. See Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). Only the numbered exhibits were admitted into evidence. A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. The manager of the KNLE station, Sherland Priest, testified that because of the approaching storm, all employees were in the lobby with the doors open because of expected high winds on the afternoon of November 15, 2001. On November 17, 2001, there was a church staff meeting. Furthermore, a hair sample taken from a towel found at the scene and swabs from Dianes hand matched Patricks DNA. She said, this guy just left. When asked about the length of time from when the man had been there to when you talked to her (Holik) on the phone, Barajas responded, Just moments.21 Barajas testified that Holik told her that she [Holik] had plans to meet this man and his wife the following Saturday to show her house. Appellant's telephone number was given and identified. With that, tips started pouring in. See Tex.Code Crim. Fathers name is Not Available. Barajas warned Holik that she should not let strangers into her home when she was alone. >> do you remember ever talking to her? >> i studied for theology to become a minister. P. 33.1. Diane Holik was an inhabitant of New York who was hoping to move around the nation after she locked in. 18. The State urges that the temporary Internet files relating to "Necrobabes.com" were not opened before the issuance of the search warrant on November 18, 2003. In capital murder offenses committed during the course of a robbery, see Tex. take on any road with intuitive all-wheel drive. According to CNET, ligature marks were present on the body, though the ligature used was not found at that time. Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts - Heavy.com The defense closed with the State at this stage of the trial without offering evidence. Her daughter awakened and screamed. The facts of Carey are not the facts of the instant case. Tune in this Friday, September 23, at 9/8 p.m. Central on NBC. Itll improve safety for correction officers, state Sen. John Whitmire, D-Houston, said Thursday at a press conference touting the program. DNA evidence found at the scene also tied Patrick Anthony Russo to the murder of Diane Holik. Reviewing courts are not fact finders. Includes . No zip ties were found on the body or in the house. Before conducting any examination of the computers, the police obtained a search warrant to search the files on the computers for names, telephone numbers, ledger receipts, addresses, and other documentary evidence pertaining to sale and distribution of controlled substances. Id. The prosecution called thirteen witnesses who were attempting to sell their homes from May to November 15, 2001, or were realtors. United States v. Gray, 78 F.Supp.2d 524 (E.D.Va.1999), involved the federal offenses of unlawfully accessing (hacking) a computer of the National Library of Medicine (NLM) and possession of child pornography. Police officers searched appellant's church office on November 21, 2001. After reviewing Carey, Walser, Gray, and other authorities, the Rosa court wrote: We agree with the reasoning of these cases. 19.02(a) (West 2003); Rey v. State, 897 S.W.2d 333, 340 n. 7 (Tex.Crim.App.1995); Brewer, 126 S.W.3d at 297. How much? That search was not abandoned in favor of an investigation into necrobabes.com.. ref'd). As indicated by the news report, Tony Russo was taken in to be interrogated. at 680; see also Saldivar v. State, 980 S.W.2d 475, 495 (Tex.App.-Houston [14th Dist.] 19.03(a)(2) (West Supp.2006). The time frame of her death was placed by the medical examiner from 3:00 p.m. on November 15 to 3:00 a.m. on November 16, 2001. Dan Patrick and Grove Norwood, founder and CEO of the Heart of Texas Foundation, attended the commencement ceremony for the first graduating class on May 9, 2015. He does not challenge the evidence supporting the commission of the murder. Cranford left the room and appellant stayed behind. Tex.R. We cant say their name. To establish capital murder committed during the course of a robbery, the prosecution must prove beyond a reasonable doubt, in addition to the alleged murder, that the defendant possessed the specific intent to obtain or maintain control of the victim's property either before or during the commission of the offense. Evid. Thus, Diane was hoping to offer her past Home and move to Houston, Texas, where he resided. McDonald v. State, 513 S.W.2d 44, 51-52 (Tex.Crim.App.1974), held that relevant evidence involving an extraneous offense one year earlier was not too remote. Appellant calls attention to certain words and phrases lifted out of context in the individual testimony. The rationale for the present sense impression exception to the hearsay rule is that (1) the report at the moment of the thing then seen or heard is safe from any error from defect of memory of the declarant, and (2) there is little or no time for a calculated misstatement. About 30 percent of Darringtons roughly 1,800 total inmates are serving sentences of 40 or more years, state data shows. Holik's house had one in her front yard, too. The car plates were traced back to 38-year-old Tony Russo, aka Patrick Anthony Russo, a church worker and music director with a rap sheet dating back to the 1990s. The Tenth Circuit clarified and expanded its Carey decision in United States v. Campos, 221 F.3d 1143 (10th Cir.2000), and United States v. Walser, 275 F.3d 981 (10th Cir.2001). 2.01 (West 2003); Ward v. State, 143 S.W.3d 271, 274 (Tex.App.-Waco 2004, pet. Hearsay is a statement other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted. Rule 403 more strongly favors admissibility than did many of the earlier formulations of the appropriate balancing test, with the opponent of the evidence bearing the burden of showing that the probative value is substantially outweighed by countervailing factors. 1 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Rules of Evidence, 403.1 (3d ed.2002) (citing Yohey v. State, 801 S.W.2d 232, 236 (Tex.App.-San Antonio 1990, pet. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()), Who is Kim Pauckner? 4. In points six and seven, appellant contends that the trial court erred in failing to suppress evidence resulting from the illegal search of appellant's computer and then admitting irrelevant and prejudicial extraneous evidence of the computer's contents.2 We will affirm the judgment of conviction.
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