To establish the murder portion of the charged offense, the State must prove beyond a reasonable doubt that the defendant intentionally or knowingly caused the death of an individual as charged in the indictment. 18. The defense closed with the State at this stage of the trial without offering evidence. Diane Holik murder by NecroBabes.com fan Patrick Anthony Russo on Six The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin,. ref'd). Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. The point of error is multifarious and is not easy to decipher. Police Blotter: Necrobabes.com leads to murder conviction He stopped opening picture files and obtained a second search warrant that allowed him to specifically search for child pornography. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). Barajas related that Holik was excited to be selling her home and was eager to do so.22. Russo, a part-time music minister, pretended he was interested in purchasing. 803(3). Diane T Holik (1958-2001) *43, Grave #14310373 - Sysoon Questions Post Question There are no questions yet for this company. 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. See Tex.R.App. In many such encounters, Dr. Coons explained, there is no completed sexual act. The file in question was not seized or opened. Details. She stated that appellant breezed through some areas of the house. Holik was excited because she thought she had sold her home. Appellant's DNA was also found on Holik's green bath towel that was discovered in the living room. During a pretrial hearing on August 18 and 19, 2003, seventeen female homeowners and realtors testified by agreement of the parties with the approval of the trial court, apparently hoping to save time later at the trial on the merits. The Dog Owner's Home Veterinary Handbook The Complete Dog Book for Kids. Tex.R. Detective Rector testified that in the original search for sale of homes, that he generated the Internet history of the computer. 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. At least two homeowners testified that the man came to their houses twice on November 15, 2001, in the Great Hills subdivision. JPG, also known as JPEG files, contain images. So, Diane was looking to sell her previous Home and move to Houston, Texas, where he lived. When Dr. Chakraborty considered the mitochondrial DNA, he decided that the coincidental chance of obtaining the same profile in this case is one in 12.9 million people. Appellant inquired whether the dog would calm down if petted. Weekly New York & New Jersey Energy. He said that he did not enter any houses. On October 20, 2003, appellant filed written objections to the remoteness of the testimony of certain designated witnesses citing, Texas Rules of Evidence 401 and 402. They worked as a team in managing new college hires for IBM. The reliance is misplaced. Herrin v. State, 125 S.W.3d 436, 441 (Tex.Crim.App.2002); McDuff v. State, 939 S.W.2d 607, 614 (Tex.Crim.App.1997); Rabbani v. State, 847 S.W.2d 555, 558-59 (Tex.Crim.App.1992); Fuller v. State, 827 S.W.2d 919, 931 (Tex.Crim.App.1992); Kitchens v. State, 823 S.W.2d 256, 257-58 (Tex.Crim.App.1991). Using this number, the police were able to identify appellant as the man they were seeking. The officers obtained a search warrant to search the defendant's hard drive for any images of child pornography. The trial court specifically overruled the Rule 403 objections to other witnesses but deferred any ruling on the witness Paige Quinluin until trial.13 It appears that the trial court also overruled the later objection that certain witnesses overreacted in describing their encounters with appellant. 1998, no. Appellant then asked several times when Cranford's husband would be home. The trial court did not rule on the matter until trial. 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. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. The doctor testified that in his opinion, the hypothetical scenario strongly suggests that the defendant in the scenario sought sexual gratification through ligature strangulation. ref'd) (Texas precedent allows state-of-mind declarations to be admitted to prove the joint conduct of the declarant and another). 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). A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. In Fain v. State, 986 S.W.2d 666, 680 (Tex.App.-Austin 1998, pet. 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. Diane Holik Profiles | Facebook 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. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. Diane Holik was a resident of - The Arts of Entertainment - Facebook Eventually, she bought a home there and made a life for herself with a great circle of friends. He compared the samples with known DNA samples from the victim, the appellant, the victim's fianc, and a male coworker. Cynthia Barajas, a coworker from California, testified that she contacted Holik by telephone about 12:30 p.m., Austin time, on November 15, 2001. He left the black-and-white flyer behind. If there is evidence, however, from which the jury could rationally conclude beyond a reasonable doubt that the defendant formed the intent to obtain or maintain control of the victim's property either before or during the commission of the murder, then the State has proved that the murder occurred in the course of the robbery. See Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Appellant's relevancy objections were specifically directed only to the question of remoteness concerning appellant's encounters with certain female homeowners and realtors. This inference is not negated by evidence of an alternative motive that a jury could rationally disregard. Drichas v. State, 175 S.W.3d 795, 799 (Tex.Crim.App.2005); Clewis, 922 S.W.2d at 134. Tex.R. As a result of the jury's answer at the penalty stage of the trial to the special issue concerning mitigating circumstances, the trial court imposed a life sentence. He gave the name of Jim Taylor. It was shown at trial that she wore the charm on a necklace. Plenty of dogs at Midland Animal Services are waiting for their furever home. According to the pastor, Jim Fox, appellant stated that God had gotten his attention during the November 15 storm, and that it was a determining time in his life. View Diana Holik results including current phone number, address, relatives, background check report, and property record with Whitepages. She died on 16 November 2001 in Austin, Texas, USA. Proof of a completed theft is not even required. Tex.R. The Gray court concluded that under the circumstances, it was reasonable under the Fourth Amendment for the special agent, in his routine preliminary file review, to open the JPG file, and to cease the search and obtain another warrant after viewing the nature of the material. 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. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. Contact Uploading & Non-Users; Settings; Activity log; Appellant has not identified any reason why a danger of unfair prejudice exists in relation to the various testimony of the thirteen female homeowners and realtors of which he complains. In Cooper v. State, 67 S.W.3d 221 (Tex.Crim.App.2002), the Court in reaching its decision revisited its earlier opinion in Nelson v. State, 848 S.W.2d 126 (Tex.Crim.App.1992), and McGee v. State, 774 S.W.2d 229, 234 (Tex.Crim.App.1989), and reconciled these holdings. Later, she met her future fiance through a dating service. 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. Holik explained why she was late in calling Barajas and added: This guy just left. Holik said that she planned to meet with the man and his wife the following Saturday to show her house. The best result we found for your search is Diane L Holik age 50s in Weatherly, PA. 401 & 403.9. An earlier membership had been issued on February 28, 2001, to a Janet Russo at the same address. She. At one point, Cranford's son awakened and she moved him to the family room. 2737, 49 L.Ed.2d 627 (1976). Subsequently in the conversation, Barajas recalled that Holik panicked when she realized that she did not have her engagement ring and said, Oh, my God. Barajas heard retreating foot steps after Holik put the phone down. Brewer is factually distinguishable from the instant case. Russo claimed he could. ", Jury convicts man who posed as homebuyer to kill. Capstone Green Energy is providing a second microturbine energy system to a large West Texas oil Four new members joined the Petroleum Hall of Fame at an induction dinner honoring the Class of 2023, Letter to the Editor: Truth lost in Trinity trial aftermath, Trinity trial aftermath puts City of Midland, DA's Office at odds, Petroleum Hall of Fame inducts four into Class of 2023, Bush Tennis Center asks MDC for nearly $1M for indoor facility, HS BASEBALL: MHS ends wild 2-6A race with walk-off win in extras, Opinion: Update the library's questionable materials procedures, MDC board to vote on investing in west Midland road projects, Check out these adoptable animals in Midland, HS BASEBALL: Midland High, Legacy set playoff matchups, Pioneer's Natural Resources' Sheffield is ready for retirement, Capstone Green Energy provides microturbine for Permian producer. While systematically opening all user-created files, [the computer analyst] opened one that contained images that he considered child pornography. 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. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. See Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). This is the same story appellant was shown to be consistently telling other homeowners about returning on the weekend with his wife to look at the house. 22. Diane Holik: 5 Fast Facts You Need to Know Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts You Need to Know. See Tex.R. Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. Crime Mystery Docudrama. Almost any relevant evidence offered by one party is going to be prejudicial to the opposing party. While conducting a systematic search of the files on the hard drive for evidence of harassment, a computer analyst found child pornography. At trial, appellant asserted that the witnesses, after learning of the homicide, overreacted in their trial descriptions of their encounters with appellant. All rights reserved. The first part of the fifth point of error is overruled. Id. 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. Bustamante v. State, 106 S.W.3d 738, 740 (Tex.Crim.App.2003); Maldonado, 998 S.W.2d at 243. 1. In his written pretrial objections, appellant did not address the witnesses' testimony about their encounters with appellant or his conduct, but orally urged that their individual testimony about their various emotions, feelings, or actions during or after the encounters, even if relevant, were inadmissible because the probative value was substantially outweighed by the danger of unfair prejudice. Reviewing courts are not fact finders. This makes sense, as the user is free to name a file anything. Diana Olick Profile - CNBC In Walser, the officers obtained a search warrant to search the defendant's hotel room and computer for evidence of possession or sale of controlled substances. 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. Rector then performed some keyword searches on the hard drive copy using Diane Holik, Pathfinder, and Lakki Brown (Holik's realtor). While the title appeared suspiciously suggestive and implicitly of a sexual nature, it did not appear to be criminal or of an incriminating character in and of itself. On November 17, 2001, there was a church staff meeting. 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. 403.12 He does not advance a claim that his extraneous conduct with these latter witnesses was inadmissible, but only that only certain parts of their testimony about their own emotions, feelings, or actions during or after their interactions with appellant were inadmissible because their probative value was substantially outweighed by the danger of unfair prejudice. 28.01 (West 2006). 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. 404(b).20 The trial court gave limiting instructions to the jury that are not the basis of the complaints here. There are no points of error raised regarding the penalty stage of the trial. TILLA RE LLC is a Texas Domestic Limited-Liability Company (Llc) filed on July 20, 2005. 404(b). See Tex.R. Cranford told him that her husband was not home often as he was a busy man, but that they had a realtor. The local police arrived at the home at 6300 Pathfinder Drive, where they found the body of a white female who was identified as 42-year-old Diane Holik. Events do not occur in a vacuum. 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. If error was preserved, it was during pretrial hearings. The evidence of actions taken by the female witnesses while interacting with appellant (taking precautionary measures, staying away from appellant, checking on a child, or calling family, friends or police) or their expressions of concern provided significant background information about the circumstances under which the events occurred. P. 34.6. ref'd). at 984-85. Evid. Appellant's record references are to a pretrial hearing and to a point at the trial on the merits where the trial court overruled the scope of the search objection. As a result, the court concluded that the detective had temporarily abandoned his search for drug trafficking evidence and intentionally commenced a search for more child pornography not authorized by the object of the existing warrant. A homeowner from another subdivision saw the drawing in the newspaper and called the police. Diana Holik - Address & Phone Number | Whitepages 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). Diane Tasker-Holik. CLIP 10/13/21. The special agent opened one of these files while systematically searching for NLM documents but wondered if the file might contain evidence of child pornography. 1998, pet. 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. A real estate agent who testified in the case said she was "petrified" when she showed Russo some vacant homes in May 2001. In the first and second points, appellant challenges the legal sufficiency of the evidence to establish that the murder was committed in the course of a robbery or in the course of a kidnapping. After the State rested its case-in-chief at the guilt/innocence stage of the trial, appellant's motion for an instructed verdict of not guilty was overruled.
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