ref'd). The record reflects that the police were able to learn from Joe Schwaleberg of Generic Systems, Inc., who operated the necrobabes.com Web site, that on February 28, 2001, Janet Russo paid for a six-month subscription to this erotic asphyxiation Web site, and that on July 21, 2001, Tony Russo paid for a six-month subscription to the same Web site. It was shown at trial that she wore the charm on a necklace. 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. In Cooper v. State, 67 S.W.3d 221 (Tex.Crim.App.2002), an aggravated robbery case, the Court held that the general rule is the theft or attempted theft occurring immediately after an assault will support an inference that the assault was intended to facilitate the theft for the purposes of proving robbery. Detective Rector testified that in the original search for sale of homes, that he generated the Internet history of the computer. at 1351; see also Franklin v. State, 858 S.W.2d 537, 543-44 (Tex.App.-Beaumont 1993, no pet.). Later, she met her future fiance through a dating service. The State did not offer this evidence before the jury. 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. View the profiles of people named Diane Holick. Hon. Brown, 552 F.Supp. Therefore, the trial court did not abuse its discretion in admitting this testimony under Rule 803(1). Appellant's second and current appointed appellate counsel, in a letter to this Court, states that the first appellate counsel did not request the penalty stage record. In assaying all the evidence under the Jackson standard of review, a reviewing court must consider all evidence, rightly or wrongly admitted, that the trier of fact was permitted to consider. In points five and eight, appellant complains of the trial court's evidentiary rulings in admitting irrelevant, prejudicial, and hearsay evidence. Id. Wyatt v. State, 23 S.W.3d 18, 30 (Tex.Crim.App.2000). 2157, 72 L.Ed.2d 572 (1982)). He insisted that he be shown only vacant houses. Appellant has briefed points of error six and seven together, making it difficult to determine just which exhibits appellant complains of in point of error seven. The grave site of Diane T Holik / Plot 14310373. As appellant acknowledged, this was a Web site which is open to any user of the Internet. State's Exhibits 623 through 724 were copies of images and stories that Detective Rector, with a lab computer, recreated from the Web site necrobabes.com using information from the Internet history of appellant's computer as to when appellant accessed the Web site. Related To Wilfried Holik, Ingrit Holik, Thomas Holik, Linda Holik. Moreover, a lawful search extends to the entire area in which the object of the search may be found.. Proc. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". Lived In Montgomery NY, Valhalla NY, Boca Raton FL, Wappingers Falls NY. So, Diane was looking to sell her previous Home and move to Houston, Texas, where he lived. Rachal v. State, 917 S.W.2d 799, 808 (Tex.Crim.App.1996); DeLeon, 77 S.W.3d at 315-16. We conclude that the general rule stated in Cooper is applicable capital murder cases where the offense was committed in the course of a robbery.7. Appellant claimed that he knocked on the front door but no one at the radio station answered. Wyatt v. State, 23 S.W.3d 18, 23 n. 5 (Tex.Crim.App.2000). 16. 2781, 61 L.Ed.2d 560 (1979); Sanders v. State, 119 S.W.3d 818, 820 (Tex.Crim.App.2003); Cardenas v. State, 30 S.W.3d 384, 389-90 (Tex.Crim.App.2000). 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. Stars Diane Holik Patrick Russo Lester Holt See production, box office & company info Add to Watchlist Photos Top cast Circumstantial evidence of intent is not required to meet the same rigorous criteria for legal sufficiency as circumstantial proof of other offensive elements. He was not permitted entry and rejected statements suggesting that he contact his realtor. Appellant's known fingerprints matched the prints on the black-and-white flyer and prints on the flyer box in Tammy Cranford's yard. See Tex.R. 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. The touchstone of the Fourth Amendment is reasonableness. Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. We find no such motion or pretrial ruling thereon. SID Number: 04127272 TDCJ Number: 00655871 Name: RUSSO, PATRICK ANTHONY Race: W Gender . They had weekly telephone conferences about their team work concerning IBM employees every Thursday morning about 10:30 a.m., central time (in Austin). See Tex.R. 12. He gave the name of Jim Taylor. P. 33.1, we observe that appellant did not object on the basis of Rule 404(b), under which the State gave notice and offered the exhibits of which appellant now complains. Appellant Patrick Anthony Russo appeals his conviction for capital murder. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. (3)Then Existing Mental Emotional or Physical Condition. If this was an objection, it was not included in the written objections. ref'd). Were [the computer analyst] to limit his search to files whose names suggest the type of evidence he seeks, it would be all too easy for defendants to hide computer evidence: Name your porn file 1986 tax return and no one can open it. This is true, but the hypothetical scenario propounded by the State to Dr. Coons did not include any reference to robbery. It was an awkward situation. 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. He said that he would set up an appointment for his wife to see the house on the weekend. The evidence indicates that Holik's dogs had been confined in the house for some time. Want to adopt? at 986-87. TV-14 Reality and . The phone number (570) 427-4098 (Verizon Pennsylvania, Inc) is Diane's. Top 3 Results for Diane Holik. 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. 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. The State offered and did eliminate certain parts of the testimony of Melody Blount and Tammy Tayman. In re Winship, 397 U.S. 358, 364, 90 S.Ct. The name necrobabes.com was indirectly obtained from the computer search pursuant to the search warrant of June 18th, but that was a legal search and did not taint the acquisition of the name. Evid. Appellant also said that he stopped at only one house to ask for directions, which he received from an older gray-haired man. or. Passwords were issued allowing entry to the said Web site as a result of the memberships. Appellant cites Bachhofer v. State, 633 S.W.2d 869 (Tex.Crim.App.1982), for the proposition that extraneous offenses that are otherwise relevant are not too remote if they occurred within one year of the charged offense. United States v. Carey, 172 F.3d 1268, 1271 (10th Cir.1999). The realtors' telephone numbers appeared on appellant's phone bill. The person is aroused by watching and controlling another with knives or guns or injuring them by other methods, including ligature strangulation. He was interviewed during the transport and at the station. An earlier membership had been issued on February 28, 2001, to a Janet Russo at the same address. The person will play out the fantasies, searching out potential victims. at 1273. Later, he parsed out of that history the part associated with necrobabes.com detailing appellant's activity with it. In his eighth point of error, appellant contends that the trial judge erred in the admission of a hearsay statement. Appellant's brief, however, relates to several statements by the witness Cynthia Barajas. 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. Id. Penal Code Ann. ref'd). All these witnesses, except Bob Reynolds, were women. 2529, 101 L.Ed.2d 472 (1988); Crosby v. State, 750 S.W.2d 768, 780 (Tex.Crim.App.1988). If error was properly preserved, we conclude that the trial court did not abuse its discretion in admitting the complained-of evidence in light of the objections made. 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. Holik, 42, planned to sell the home, get married and move to Houston. See Tex. Cranford told him that her husband was not home often as he was a busy man, but that they had a realtor. Diane Holik was the victim of a brutal murder that took place in Austin, Texas, in 2003. 103(a)(1). We overrule the third point of error. Guevara, 152 S.W.3d at 49. While conducting a systematic search of the files on the hard drive for evidence of harassment, a computer analyst found child pornography. See Tex.R. After reviewing Carey, Walser, Gray, and other authorities, the Rosa court wrote: We agree with the reasoning of these cases. 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. A statement of the declarant's the existing state of mind, emotion, sensations or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will. Moreover, there was evidence that at the time of the murder, appellant was in dire financial straits. [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. See Tex.R.App. The seventh point of error is overruled. 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. The man asked for a floor plan, which Cranford did not have. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. Drichas v. State, 175 S.W.3d 795, 799 (Tex.Crim.App.2005); Clewis, 922 S.W.2d at 134. A Travis County jury convicted a part-time music minister of capital murder Friday in the strangulation killing of a woman who believed she was showing her home to a potential buyer. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. ref'd) (Texas precedent allows state-of-mind declarations to be admitted to prove the joint conduct of the declarant and another). Though the death case murder is still a mystery. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. He became sweaty and very shaky, and there was a strange look in his eyes.

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