Appellant argues that the evidence held appellant up to public ridicule and shame and had little effect upon a fact of consequence. A look at the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. The black-and-white flyer was turned over to the police.3. See Tex.R.App. Barajas related that Holik gave an explanation for why she was late. McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). 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. 2.01 (West 2003); Ward v. State, 143 S.W.3d 271, 274 (Tex.App.-Waco 2004, pet. As earlier noted in the discussion of the fifth point of error, a general relevancy objection does not preserve an extraneous-offense claim under Rule 404(b) of the Texas Rules of Evidence. Keeping in mind the particular facts of the instant case, we find no violation of the Fourth Amendment. 5. A Storm Reveals A Murder The index.dat files reflect the computer's Internet history but do not contain any Web pages and images. 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. >> we said his name came up in an investigation in austin and told his wife these things will happen from time to time because he is a convict and out on parole and not to worry that he would be back in a Appellant appeared broken and downcast when making his statements. Deem stated that he could not determine whether a particular JPG file was within the scope of the search warrant until he opened it to see if it contained relevant information. She had been tied up and strangled, an autopsy report confirmed. There were no positive hits on these terms. In the absence of the jury, the trial court conducted a hearing on Barajas's testimony and made its rulings. He presented a music serve at a congregation in Bastrop County, Texas. Blount told the Lubbock Avalanche-Journal, I was one of the first people to report him to the police and I wasnt taken seriously then. The prosecution is not required to prove motive in any case. Now, his relationship is perfect. Resides in Bastrop, TX. While the police turned to independent sources to determine the nature of necrobabes.com, the State argues that the search of the computer for home sales in the Austin area-the object of the June 18th search warrant-continued as evidenced by exhibits later introduced into evidence without objection. Pastor Fox stated that appellant felt that he was going to be arrested for killing a lady. Heres what you need to know about Russo. In many situations, he wanted to meet the woman realtor alone at the site of the vacant house. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". This weekend, Holiks story will be highlighted on an episode of Dateline NBC. Cranford was close to him. 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. The Dateline NBC scene After the Storm has featured Tony Russo after the long and severe examination on November 15, 2001, demise of Diane Holik. Tony Russo Wiki. Some DNA evidence found on a green towel in Holik's home also pointed to Russo. They had weekly telephone conferences about their team work concerning IBM employees every Thursday morning about 10:30 a.m., central time (in Austin). Tex.R. [Featured Image by Jason Hunter, Watertown Daily Times, Pool/AP Images] Advertisement Latest #metoo News and Updates by 2Paragraphs in Culture | September 22, 2016. 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). There is, however, no legal requirement that property stolen must be recovered in whole or in part to constitute the offense of robbery. When: Texas Court of Appeals rules on June 7. See Tex.R. When Holik was killed, I called police and said Its him., Diane Holik: 5 Fast Facts You Need to Know, Diane Holik, Patrick Anthony Russo: Dateline NBCErotic Horror Fantasy Killer Was Texas Church Leader https://t.co/QBOl3Nieog, Brightly (@Brightly5) September 23, 2016. Ann. Dr. Coons viewed the images shown to have been accessed by appellant on his computer from the necrobabes.com Web site as well as photographs of the victim's body. In this point of error, appellant does not claim that he was not identified, by direct or circumstantial evidence, as the individual involved in the encounters with the female homeowners or realtors. In analyzing a challenge to the legal sufficiency of the evidence, a reviewing court does not realign, disregard, or weigh the evidence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In his brief, appellant urges that the evidence admitted over his hearsay objections had no relevancy to any material issue in the case. Do Not Sell or Share My Personal Information. The sentence was returned Friday. Id. Diane Holik, Patrick Anthony Russo: 'Dateline NBC'--'Erotic Horror' Fantasy Killer war Texas Church Leader P. 33.1. But the married, part-time worship leader had just $1,796.19 in the bankat the time of Holiks murder. 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. at 1271, the detective began to browse through the file directories in Carey's computer and stumbled across a JPG file18 and opened it. They were engaged within two months of knowing each other. 03-04-00344-CR. After a keyword search of certain terms proved negative, Id. ), to support his argument. Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing. 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. Consequently, he additionally said that he was elsewhere at the hour of the homicide, yet his phone records set him close to Diane Holiks home region. Appellant advances eight points of error. The file contained an image of child pornography. This makes sense, as the user is free to name a file anything. 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. 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. In 2010, Lt. Gov. There were 1,200 images recovered. The second portion of the fifth point of error is overruled.14. Margraves v. State, 34 S.W.3d 912, 919 (Tex.Crim.App.2000). Moreover, a hair test has taken from a towel, and swabs from Dianes hand matched Tonys DNA.Finally, Tony has asserted as a killer and sent him for a lifetime in jail. 9, 4-5, 75, 81 [pretrial]; R. Vol. Stay up-to-date with how the law affects your life. 19.03(a)(2) (West Supp.2006).1 A jury found appellant guilty of capital murder. In points three and four, appellant claims that the evidence was factually insufficient to establish the same issues raised in points one and two. Lucien Joseph Parker, Tommy Quinones, and Raymond Ramirez, members of the prison seminary's first graduating class, line up inside the Darrington prison chapel to receive their diplomas. The jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. Cranford invited him into the house. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. People may receive compensation for some links to products and services on this website. Holik's neck bore the marks of a ligature, which was never found. The medical examiner estimated that Diane died between 3 PM on November 15 and 3 AM on November 16. 21. 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. at 680; see also Saldivar v. State, 980 S.W.2d 475, 495 (Tex.App.-Houston [14th Dist.] In the jury's absence, Barajas testified that Holik told her that the man offered cash for her home. All the doors and windows were locked. 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. Several accesses were on November 13, 2001, two days before the Holik murder. Graduate Leroy L. Youngblood takes part in the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. Almost more than five years ago Diane Holik was brutally murdered in her own Home in Austin Texas by Patrick Anthony "Tony Russo". Calls to Akia went . Id. The tenant (Hickson) testified that the victim called him on the telephone and stated that she was not going to work and that the guy is here to fix the air conditioner. The court wrote: Shelby Weinstein's statement that a man was there to fix the air conditioner meets the requirement that the declarant personally perceive the event, that the statement explain or describe the event, and that there be contemporaneity of the statement and the event described. Read More: How Did Andra and Brad Sachs Die? See Tex.R. Id.19. According to the records, Tony Russo made some long-memories criminal history; he was captured on different occasions for attacking ladies. 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. Id. 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. The 43-year-old worked for IBM as an executive, ultimately settling in Austin in 1996. This was so because after the accidental discovery of the illegal pornography in the first JPG file, the detective opened subsequent JPG files expecting to find child pornography and not material related to drugs. at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. 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." The prosecution called thirteen witnesses who were attempting to sell their homes from May to November 15, 2001, or were realtors. Prosecutors said Russo posed as someone looking to buy a home to get into Diane Holik's house in November 2001. Holiks wrists had been bound, and there were marks around her neck indicating strangulation by ligature, meaning a garrote such as a cord or rope. At that point, he stopped his search and called Malchow [his supervisor]. Id. art. A spare front door key with a ribbon was missing from the doorknob of a ground floor door. Akia Eggleston went missing in Baltimore, Maryland in May of 2017. doorstep of patrick russo, a man matching the description of the mysterious stranger seen in diane holi k's neighborhood the day of the murder. After raiding his home on November 21, 2001, police brought Russo in for questioning. Upon inquiry, the defendant told the officers that the computer contained child pornography. Her fiance, who was in Houston, was quickly ruled out. Evid. See order of the Texas Court of Criminal Appeals dated February 25, 1998, entitled Final Approval of Revisions To The Texas Rules of Evidence in Criminal Cases.. In a search for tangible documents, it is certain that some innocuous documents will be examined, at least cursorily, in order to determine whether they are, in fact, among those papers authorized to be searched. We shall consider the issue presented. 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 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). There was no sign of a sexual assault. 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. 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. If the computer erases the index, the file is still out there in the unallocated clusters until the computer reuses that space.. See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. 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. Follow along as LaDonna and Alecia share the heartbreaking details of how Patrick Anthony Russo's fetish played into Diane Holik's murder. About 30 percent of Darringtons roughly 1,800 total inmates are serving sentences of 40 or more years, state data shows. Brewer is not applicable in light of the facts here. Tune in this Friday, September 23, at 9/8 p.m. Central on NBC. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. On 9 Mar 2014 @rachelmvg tweeted: ""A haunted place, some said - or perhaps.." - read what others are saying and join the conversation. 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. 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. No such necklace was found. Penal Code Ann. Anthony Russo. She was excited about the real possibility of selling her home. See also Robinson v. State, 701 S.W.2d 895, 898 (Tex.Crim.App.1985) (six months is not too remote). The program, funded by the nonprofit Heart of Texas Foundation, was modeled after a similar effort in Angola, La. Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. 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. 202, 355 S.E.2d 897, 899 (Va.App.1987) and United States v. Ross, 456 U.S. 798, 820, 102 S.Ct. Its literally going to change the culture. at 529. The first graduating class of the program, taught by Southwestern Baptist Theological Seminary professors inside the Darrington Unit, includes (from left) Leslie Monroe Capers III, Vondre Demond Cash and Gary L. Everett. Appellant only worked there about thirty hours a week, but appellant voluntarily quit that job. A man convicted of strangling an Austin woman after entering her home by posing as a potential buyer has been sentenced to life in prison. 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. 404(b).20 The trial court gave limiting instructions to the jury that are not the basis of the complaints here. The man gave different names to some of the homeowners. He was not permitted entry and rejected statements suggesting that he contact his realtor. By some measures, troublemaking is declining inside Darrington. In the instant case, appellant challenges only the legal sufficiency of the evidence to establish the underlying offense of robbery. Appellant lied to the police when he denied being at Holik's house or in the Great Hills subdivision and asserted that he had gone to a radio station. Detective Roy Rector, a computer forensic examiner with the Austin Police Department, was initially requested to look for references in the computer to the victim, her address, or her realtor. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. He was indicted in May 2002. On this latter date, she took note of the license plate number on his van. We need not recite all the facts and circumstances demonstrating the lack of remoteness. Pastor Jim Fox later said that Russo came by his house and discussed the interrogation--saying he was likely going to be arrested for murder and theft of jewelry. later found to only have had $1,796 in it at the time. Sign Up. Holik was excited because she thought she had sold her home. Find Patrick Russo's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Our role is that of a due process safeguard, ensuring only the rationality of the trier of fact's finding of the essential elements of the offense beyond a reasonable doubt. But, when the skies cleared and Diane Holik missed an important meeting, friends and family became concerned. The realtors' telephone numbers appeared on appellant's phone bill. At trial, appellant asserted that the witnesses, after learning of the homicide, overreacted in their trial descriptions of their encounters with appellant. Texas church leader is convicted of capital murder in part because of his AOL searches and visits to Necrobabes.com. 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. 1341, 1350-51 (D.N.J.1982); Booth v. State, 306 Md. 15. Conner, 67 S.W.3d at 197; Alvarado v. State, 912 S.W.2d 199, 207 (Tex.Crim.App.1995). Anthony Russo. What happened, according to court documents: Appellant argues that there were no eyewitnesses to the offense. 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. Appellant stated that the storm began and he left. Collectively, Saturdays graduates earned a 3.7 grade-point average in the program. Appellant cites no authority to support his contentions. Appellant also said that he stopped at only one house to ask for directions, which he received from an older gray-haired man. Evidence from representatives of Wells Fargo Financial Company, Austin Area Teachers Federal Credit Union, and Mazda American Credit Company was offered concerning loans or loan applications made by appellant and his wife. Furthermore, a hair sample taken from a towel found at the scene and swabs from Dianes hand matched Patricks DNA. 7. He returned on November 5, 2001, at the same time. During the autopsy, police officers collected biological evidence from the victim's left hand. There were no signs of forced entry, and the lower floor seemed normal. The trial court, however, did admit Barajas's testimony that Holik said, This guy just left under Rule 803(1) over a hearsay objection. Mental culpability is of such a nature that it generally must be inferred from the circumstances under which the prohibited act occurred. 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. 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. Rector was able to download these introductory screens, and these exhibits were admitted into evidence. Evid. See also Huffman v. State, 746 S.W.2d 212, 217 (Tex.Crim.App.1988); Whitaker v. State, 977 S.W.2d 869, 872-873 (Tex.App.-Beaumont 1998, pet. The Texas Court of Appeals rejected those arguments and left his sentence intact. In a subsequent search of Russo's home on June 18, 2003, done with a warrant, police seized a personal computer. He also objected to excerpts from the testimony of certain other witnesses under Rule 403. Appellant told the detectives that he became lost during the storm in a residential area of Austin. She stated that appellant breezed through some areas of the house. Russo claims his counsel was ineffective. The search program permitted a search of the names and contents of the files. Holik's house had one in her front yard, too. The State was able to tie some of the viewings to the dates that appellant visited some of the female homeowners and realtors, in order to show intent and motive. The seventh point of error is overruled. 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. 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. Circumstantial evidence of intent is not required to meet the same rigorous criteria for legal sufficiency as circumstantial proof of other offensive elements. 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. He asked about the alarm system. Appellant agreed to go with the officers to the Austin police station, telling his wife that the inquiry possibly had something to do with his parole status. A search warrant was issued to enter the defendant's home and seize his computer and related items. There were no trial objections to the subject matters advanced in this point of error. Careful detective work, along with the help of many women who also encountered the mystery man, solves the case. His hands holding the flyer were shaking. 8. Dateline NBC S25. Appellant's son, Anthony Russo, testified that he had access to the computer, but never used his parents' credit card to purchase anything on the computer and never viewed images on the computer of people being killed. In part because of his Necrobabes.com membership, Russo was found guilty of the November 15, 2001 strangulation of Diane Holik, who worked from her home in Austin and was hoping to sell her house and move in with her fiance in Houston. ref'd). take on any road with intuitive all-wheel drive. 3. Id. Barajas testified that she warned Holik not to let strangers in her home when she was alone. The action you just performed triggered the security solution. Proof of a completed theft is not required. Detective Rector then, on a personal or lab computer, went online to the Web site for "Necrobabes.com" which was available without charge to anyone surfing the Internet. 403. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. (In cases of ligature homicide, blood flow to the brain is blocked and consciousness is lost in 10 to 15 seconds.). The email address cannot be subscribed. 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. Her daughter awakened and screamed. Log in or sign up for Facebook to connect with friends, family and people you know. Later, he told his friend, Pastor Jim Fox, that he thought he was going to be arrested for murder and jewelry theft the police had never told him that any of Holiks jewelry was taken, though. She was eager to sell her Austin home. He was interviewed during the transport and at the station. She described appellant as opening the closet door and then dropping his arms to his side and just standing there without saying anything. The man took a black-and-white flyer out of the plastic real estate bucket and approached the house. Hickson's testimony thus falls within the present sense impression exception to the hearsay rule. 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. Appellant argued that [s]uch evidence can only prejudice the defendant and distract the jury from the material issues of fact before them.. 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. He said that he was a music minister at a church in Bastrop County, Texas. These are the same cases that the Amarillo Court of Appeals analyzed in Hall v. State, 970 S.W.2d 137, 141 (Tex.App.-Amarillo 1998, pet. 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. 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. 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. A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. You can e-mail him or follow him on Twitter as declanm. All rights reserved. See Tex.R. 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. The body was fully clothed and there was no evidence of a sexual assault. at 224. 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. He began to pet the animal and the dog responded. Appellant did not further object at trial. He became sweaty and very shaky, and there was a strange look in his eyes. Detective Roy Rector initially searched the computer using the Encase software for references to Holik and found none. Akia's family became alarmed when the 21-year-old failed to show up to her own baby shower on May 3. Works at Con Edison. Appellant notes that the response of Dr. Richard Coons to a hypothetical question based roughly on the facts of the case did not mention robbery. Police tracked Russo down after they caught wind of a man who claimed to be a potential buyer for multiple homes in the Austin area. The man asked for a floor plan, which Cranford did not have. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex.Crim.App.1995). Appellant does not claim that any one exhibit or one set of exhibits was irrelevant and prejudicial but urges that all the named exhibits fell into that category. Police found a fully clothed body.