ref'd) (Texas precedent allows state-of-mind declarations to be admitted to prove the joint conduct of the declarant and another). Six Degrees of Murder: Ties That Bind - Philo Johnson v. State, 23 S.W.3d 1, 11 (Tex.Crim.App.2000); Santellan v. State, 939 S.W.2d 155, 164 (Tex.Crim.App.1997). It was an awkward situation. Appellant relies chiefly upon United States v. Carey, 172 F.3d 1268 (10th Cir.1999), perhaps the preeminent case on computer searches at the time of the trial. "Dateline NBC" After the Storm (TV Episode 2016) - IMDb In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. 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. In his first point of error, appellant challenges the legal sufficiency of the evidence to establish [that] appellant committed murder in the course of robbery.. The police officers also recovered a green towel found on a couch downstairs. Appellant was shown to have visited the homes of Thoom Zech and Lisa Faulkner twice on November 15, 2006, as he may have done at the victim's home. Proof of robbery committed as an afterthought and unrelated to the murder is not sufficient evidence of capital murder. Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. Evid. Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. One Possible Clue Found at Diane Holik Crime Scene at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. 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. On appeal, appellant simply states: [A]ppellant's objections and argument are located at R. Vol. Still further, in a murder case, the intention of the victim to go somewhere or to meet someone may be proved by evidence of the victim's out-of-court assertion of intent. Diane Holik Found Dead After Tornadoes Hit Texas Now Playing Preview Killer Lingered in Diane Holik's Home 2:18 Preview "Something Bad Happened" to Diane Holik 1:47 Preview One Possible Clue Found at Diane Holik Crime Scene Trending on Oxygen 2:00 Accident, Suicide, or Murder Grant Whitaker's Girlfriend Becomes Suspicious of Mavrick Fisher 3:03 He was able to view for free the introductory screens, photographs, and stories pertaining to the death of women by strangulation. Cranford thought the drawing bore a very good resemblance to appellant. Diane Holik was murdered, in her own home where she lived alone, by strangulation with a ligature, and her body was left in a locked house. 803(1). If the appellate record reveals criteria reasonably conducive to a risk that the probative value of the tendered evidence is substantially outweighed by unfair prejudice, then the trial court acted irrationally in admitting the evidence and abused its discretion. 2. 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. She put the phone down, but later returned and told Barajas that her rings were back on. The conversation eventually concluded about 1:30 p.m. Robert Hebner and his wife were neighbors and friends of Holik. Later, Cranford described the incident to a friend, who subsequently called her and asked her to look at a composite drawing in the newspaper and the accompanying story. Id. See Guevara, 152 S.W.3d at 50; Patrick v. State, 906 S.W.2d 481, 487 (Tex.Crim.App.1995); Dues v. State, 634 S.W.2d 304, 305 (Tex.Crim.App.1982). It is not an element of any crime, but evidence of motive is generally admissible because it is relevant as a circumstance tending to prove guilt. See Rabbani v. State, 847 S.W.2d 555, 560 (Tex.Crim.App.1992); Anderson v. State, 15 S.W.3d 177, 183 (Tex.App.-Texarkana 2000, no pet.). The jury may accept or reject all or any part of any witness's testimony, Jones v. State, 984 S.W.2d 254, 258 (Tex.Crim.App.1998), and resolve any conflicts in the evidence. He qualified as an expert witness for the State. In fact, appellant did not request that the court reporter's record be included in the appellate record. Outgoing Pioneer Natural Resources CEO Scott Sheffield feels his successor Rich Dealy is ready to Opinion: Midlanders no longer trust the MPD, our newly elected mayor and the DAs office. Evid. Questions, as here, of when testimony becomes too remote and, therefore, irrelevant are left to the sole discretion of the trial court. On occasion Hebner's wife took care of Holik's dogs. 8. "I was one of the first people to report him to the police and I wasn't taken seriously then," Melody Blount told the Austin American-Statesman for its online edition Friday. Diane Holik murder by NecroBabes.com fan Patrick Anthony Russo on Six "When Holik was killed, I called police and said 'It's him."'. However, there was no interrogation to establish these facts. He was able to view information about the payment of fees and the purchase of a membership on the Web site. Diane Sternberg - Assistant.. - White House Black Market | ZoomInfo The man gave different names to some of the homeowners. Conner, 67 S.W.3d at 197; Alvarado, 912 S.W.2d at 207; Robertson v. State, 871 S.W.2d 701, 706 (Tex.Crim.App.1993); Key v. State, 151 S.W.3d 619, 621 (Tex.App.-Beaumont 2004, pet. 23. When she learned that the sale price was $270,000, she stated that the price was way out of their range.. Diane Holik | Bonnie's Blog of Crime The defense closed with the State at this stage of the trial without offering evidence. Holik's body was found face down on the floor in an upstairs guest bedroom. Dr. Coons's expert opinion was that the facts given to him showed a motive of sexual gratification through ligature strangulation. Such motive is not inconsistent with evidence of intent to commit robbery during the same incident where the intent to rob is timely formed. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. He was not permitted entry and rejected statements suggesting that he contact his realtor. Stars Diane Holik Patrick Russo Lester Holt See production, box office & company info Add to Watchlist Photos Top cast The person is aroused by watching and controlling another with knives or guns or injuring them by other methods, including ligature strangulation. On June 18, 2003, a search warrant was issued authorizing the search of appellant's home and the seizure of his personal computer and its content. The computer was seized pursuant to the warrant. 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. Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). The evidence indicates that Holik's dogs had been confined in the house for some time. The proponent of evidence usually has the original burden of showing that it is relevant and admissible. In the third point of error, appellant challenges the factual sufficiency of the evidence to establish that appellant committed murder in the course of robbery. Matamoros v. State, 901 S.W.2d 470, 474 (Tex.Crim.App.1995); Brewer v. State, 126 S.W.3d 295, 297 (Tex.App.-Beaumont 2004, pet. Detective Rector testified that in the original search for sale of homes, that he generated the Internet history of the computer. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Appellant's telephone number was given and identified. Moreover, about 5:00 p.m. on the afternoon of November 15, 2001, a van fitting the description of appellant's minivan was seen parked in front of Holik's house. Holik was engaged to be married and planned to move to Houston where her fianc lived. Tony Russo is a pathological liar & murderer. 401.Rule 402provides:All relevant evidence is admissible, except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority. See Photos. Cranford put her Great Dane dog in the study. Appellant placed the black-and-white flyer on a table in the foyer. Hon. He testified that he hypothesized the coincidental chances of obtaining the same nuclear DNA results in this case would be one in 16,817. He was a full-time unskilled employee at a custom-cabinet-making company. The Web site was accessed or visited by appellant's computer in the month prior to the victim's murder, including on November 13, 2001, two days before the offense occurred. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. Evid. One Possible Clue Found at Diane Holik Crime Scene Investigators were concerned they had a "stranger on stranger" crime, and were frustrated by the lack of evidence. Hon. The man asked for a floor plan, which Cranford did not have. The black-and-white flyer was turned over to the police.3. Appellant does not complain of the admission of all the evidence taken from his computer. 403. When offered, appellant's counsel responded: Subject to the previous rulings of the court, your Honor. The rulings were not identified, and the exhibit was admitted into evidence. Pastor Fox stated that appellant felt that he was going to be arrested for killing a lady. The facts do not show that Detective Rector exceeded the scope of the search warrant of June 18 in violation of the Fourth Amendment. Sign Up. During the course of their investigation, the police learned that, on November 15, 2001, some Great Hills residents, who had for sale signs in the front of their houses, had been approached by a man who claimed to be interested in buying their homes. While conducting a systematic search of the files on the hard drive for evidence of harassment, a computer analyst found child pornography. S2 E4: Diane Holik, a vibrant 43-year old, is about to move from Austin to Houston to start a new life with her fianc. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. Johnson, 23 S.W.3d at 9. Please try again. 22. In many situations, he wanted to meet the woman realtor alone at the site of the vacant house. We need not recite all the facts and circumstances demonstrating the lack of remoteness. 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. Id. Questions Post Question There are no questions yet for this company. We overrule the third point of error. Appellant's DNA was also found on Holik's green bath towel that was discovered in the living room. He then inquired whether there was a husband or boyfriend with whom he could deal. Barnes v. State, 62 S.W.3d 288, 297 (Tex.App.-Austin 2001, pet. We conclude from all the evidence that a rational jury could have found beyond a reasonable doubt all the essential elements of capital murder, including the aggravating element of robbery involving the timely formed intent to steal. See Chaney v. State, 474 S.W.2d 711, 712 (Tex.Crim.App.1972); Dean v. State, 154 S.W.2d 459 (Tex.Crim.App.1941). 2. "He's a predator," said prosecutor Robert Smith, "skilled at deceit and cunning and finding watering holes of potential victims. Season 10 Episode 30 - Videos 2:38 Preview Diane Holik Found Dead After Tornadoes Hit Texas The trial court also overruled appellate's separate hearsay objection to Barajas's testimony about Holik's plan or intention to meet the man on the weekend. At the conclusion of the hearing, appellant was permitted to wait and view the completed transcription of the court reporter's record of the hearing and then make objections. Diane lives at 400 1st Strt, Weatherly, PA 18255-1504 at present. . She saw a gold or champagne-colored minivan pull up to the for sale sign in the yard. Guevara, 152 S.W.3d at 49. That is an unusual move, they say. Barajas related that Holik was excited to be selling her home and was eager to do so.22. Diane Holik: 5 Fast Facts You Need to Know | Heavy.com Rector recovered two hours, thirty-six minutes, and fifty-five seconds of Internet history of the necrobabes.com Web site. The trial court had not read the written objections and deferred any ruling at that time. FACTUAL SUFFICIENCY-MURDER IN THE COURSE OF ROBBERY. Appellant argues that the evidence held appellant up to public ridicule and shame and had little effect upon a fact of consequence. Id. 221 F.3d at 1147. 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. Using realtor, Rector made a keyword search and found 19 hits in the temporary Internet files and 107 hits in the unallocated clusters.16 On August 1, 2003, Rector presented the extracted Internet history to a prosecutor to see what is real estate and what is not. The prosecutor noted that the Internet history made reference to a necrobabes.com. Rector did not know what that Web site was. at 224. The sixth ground of error is overruled. 803. Cranford left the room and appellant stayed behind. A real estate agent who testified in the case said she was "petrified" when she showed Russo some vacant homes in May 2001. Cardenas v. State, 115 S.W.3d at 62-63. Matson v. State, 819 S.W.2d 839, 846 (Tex.Crim.App.1991); Roberson v. State, 16 S.W.3d 156, 165 (Tex.App.-Austin 2000, pet. Only the numbered exhibits were admitted into evidence. Diane Tasker-Holik. Rector made an independent investigation. Id.19. The best result we found for your search is Diane L Holik age 50s in Weatherly, PA. This account has been disabled. On November 18, 2003, a second search warrant was issued, that authorized the search of the hard drive of appellant's computer for [i]nformation pertaining to death by asphyxiation as well as other information and photos and text from the Web site named necrobabes.com., Joseph Schwaleberg, the record custodian of Generic Systems, a billing company that controlled access to the necrobabes.com Web site, testified that a Tony Russo with the same home and e-mail address as appellant purchased a six-month membership on July 21, 2001. at 1146. For a more liberal view of the requirement of contemporaneousness, see United States v. Parker, 936 F.2d 950, 954 (7th Cir.1991); United States v. Blakey, 607 F.2d 779, 784-86 (7th Cir.1979). The trial court further limited the admitted images to those that appellant viewed on his computer between the dates of October 7 through November 13, 2001, the latter date being two days before the murder occurred. State's Exhibit 621 was also generated by Rector and showed Internet activity on the computer on April 27, 2001, with the user-profile of a Patrick Russo and with the use of the AOL (America Online) engine to search for a subject associated to asphyx. To this exhibit, appellant expressed no objection. This exhibit is not before us for consideration of its relevancy. Appellant argued that [s]uch evidence can only prejudice the defendant and distract the jury from the material issues of fact before them.. All the doors and windows were locked. Penal Code Ann. At one point, Cranford's son awakened and she moved him to the family room. Upon discovering the child pornography, the agent ceased his search and obtained a second search warrant to search the computer for child pornography. Rule 802of the Texas Rules of Evidence states: Hearsay is not admissible except as provided by statute or these rules or by other rules prescribed pursuant to statutory authority. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. Appellant seeks to distinguish Bachhofer on the basis that the instant case did not include any criminal act by appellant during the encounters. Appellant Patrick Anthony Russo appeals his conviction for capital murder. Barajas related that Holik gave an explanation for why she was late. JPG, also known as JPEG files, contain images. Details. See Tex.R. pet.). In the other portion of the point of error, appellant complains of the testimony of thirteen female homeowners and realtors, relying upon Rule 403. 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 jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. at 529. Appellant cites no authority to support his contentions. Current counsel makes no belated request for the record. He returned on November 5, 2001, at the same time. Tex.R. Evid. Her daughter awakened and screamed. They had weekly telephone conferences about their team work concerning IBM employees every Thursday morning about 10:30 a.m., central time (in Austin). The court further found that even though there may have been less invasive ways of conducting the search, the resolution of the suppression issue does not turn on whether [the officer] conducted the most technically advanced search possible, but on whether the search was reasonable. Gray, 78 F.Supp.2d at 529 n. 8. (3)Then Existing Mental Emotional or Physical Condition. More than 136 such documents in the temporary Internet files folder or unallocated clusters (deleted files) were located. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). The victim, an IBM at home supervisor, was found in an upstairs bedroom lying face down. (internal quotation marks omitted). Diane is on the list of graduates from high school. View Diana Holik results including current phone number, address, relatives, background check report, and property record with Whitepages. So long as the trial court operates within the boundaries of its discretion, there is no abuse of discretion and its decision will not be disturbed on appeal. Priest testified that appellant did not appear at the station on the day and time in question. We need not reiterate the evidence. DIANE HOLIK Owner Reviews Write Review There are no reviews yet for this company. There were no objections based on Rule 404(b) included in the written objections. 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. See Tex. Evid. 17. This makes sense, as the user is free to name a file anything. Cranford opened the front door to prevent the bell from awaking the children. Id. Passwords were issued allowing entry to the said Web site as a result of the memberships. Want to adopt? Diane Holik was a resident of New York who was looking to move around the country after she engaged. at 985. As appellant was leaving, he said his name was Tony, and he asked to take a colored real estate flyer from the table in the foyer. Contact Uploading & Non-Users; Settings; Activity log; Holik's realtor and neighbor, Lakki Brown, saw the police officers. He told the officers that he had a Christian rock band called Broken Silence, and that on the afternoon of November 15, 2001, he had driven to the KNLE radio station in the northwest section of Austin to discuss a Web site. Russo claimed he could. The trial court, however, did admit Barajas's testimony that Holik said, This guy just left under Rule 803(1) over a hearsay objection. Id. 15. Rector presented the information extracted from the computer to the prosecutor, who noticed that the computer's Internet history (which contained no Web pages or images) made reference to a Web site named necrobabes.com, which was later determined to be an asphyxiation-type pornographic Web site. He had pleaded innocent. Diane Holik Murder: Where is Patrick Anthony Russo Now? Her $17,500 engagement ring was missing. The verdict may not be overturned unless it is irrational or unsupported by proof beyond a reasonable doubt. In his fifth point of error, appellant urges that [t]he trial judge erred in the admission of extraneous conduct evidence from other8 homeowners and realtors under Tex.R.Crim. This memorial website was created in memory of Diane T Holik, 43, born on September 10, 1958 and passed away on November 16, 2001. Weekly New York & New Jersey Energy. [C]ontemporaneity of the event and the declaration by itself, should be a sufficient guarantee for admissibility Contemporaneity of the event may be inferred circumstantially. 2 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Texas Rules of Evidence 803.2 (3d ed.2002) (citing Vanderhorst v. State, 821 S.W.2d 180, 183 (Tex.App.-Eastland 1991, pet. The State may prove its entire case by circumstantial evidence alone if it proves all the elements of the charged offense beyond a reasonable doubt. Evid. We have the court reporter's affidavit stating that the penalty stage record is available, but that appellant's first appointed appellate counsel did not request the transcriptions of that portion of the record. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. Evid. Rector was able to download these introductory screens, and these exhibits were admitted into evidence. Diane Hejlik. Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts - Heavy.com After reviewing Carey, Walser, Gray, and other authorities, the Rosa court wrote: We agree with the reasoning of these cases. Glad he's in prison for life. The books were purchased in memory of Diane T. Holik, our fellow classmate, who we all know now, lost her life tragically on November 16th, 2001. Movies/Documentaries Six Degrees of Murder: Ties That Bind Motives & Murder: Death Knocks Dateline: After the Storm.
Roberta Spagnola Campbell, Articles D