diane holik house address

Barajas knew about Holik's personal life, that Holik lived alone and worked from her home, that Holik had an upcoming marriage and wanted to sell her Austin home, and that Holik had Thanksgiving holiday plans with her fianc. This address is linked to two people, Diane L Holik and Kevin G Holik. He knew that Holik had been trying to sell her home. The thrust of Rule 403 is to favor the admissibility of evidence, Goodwin v. State, 799 S.W.2d 719, 738-39 (Tex.Crim.App.1990), and there is a presumption of the admissibility of the evidence. Each membership was paid with a credit card traced to appellant. 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. Appellant told her that he would pay cash, that he had just sold a ranch, and that he needed to buy quickly. 16. Also known as Diane T Holik, D T Holik. On Thursday, November 15, 2001, after some difficulty in reaching Holik that morning for their weekly conference, Barajas talked to Holik in her home on the phone about 12:45 p.m. Austin time. Later, she met her future fiance through a dating service. There were no objections based on Rule 404(b) included in the written objections. 6. Evid. In evaluating the trial court's determination under Rule 403, a reviewing court is to reverse the trial court's judgment rarely and only after a clear abuse of discretion, recognizing that the court below is in a superior position to gauge the impact of the relevant evidence. If the computer erases the index, the file is still out there in the unallocated clusters until the computer reuses that space.. ref'd) (finding under Rule 803(3) that the trial court did not err in admitting into evidence the murder victim's prior statement that she was going to fire defendant, an employee); Pena v. State, 864 S.W.2d 147, 149-150 (Tex.App.-Waco 1993, no pet.) He does not challenge the evidence supporting the commission of the murder. at 985. See Tex.R.App. 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. Season 10 Episode 30 - Videos 2:38 Preview Diane Holik Found Dead After Tornadoes Hit Texas The State did not offer this evidence before the jury. Evid. at 680; see also Saldivar v. State, 980 S.W.2d 475, 495 (Tex.App.-Houston [14th Dist.] A trial court abuses its discretion in the context of evidentiary rulings only if its ruling is outside the zone of reasonable disagreement. The testimony presented before the jury showed that Holik planned and had the intent to meet the man who just left the following Saturday. The proponent of evidence usually has the original burden of showing that it is relevant and admissible. 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. 75 Miss. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. ref'd). She died on 16 November 2001 in Austin, Texas, USA. Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999) (quoting Montgomery, 810 S.W.2d at 389). It was shown at trial that she wore the charm on a necklace. Appellant advances eight points of error. The realtors' telephone numbers appeared on appellant's phone bill. He also objected to excerpts from the testimony of certain other witnesses under Rule 403. 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. Paula L. Feroleto Part 14 - 2nd floor 25 Delaware Avenue Buffalo, NY 14202 Phone: 716-845-9438 Fax: 716-845-5151 Court Clerk: 716-845-9408 IAS Rules. See Tex.R. Select this result to view Diane L Holik's phone number, address, and more. At one point, Cranford's son awakened and she moved him to the family room. Id. He was a worship leader and music director. There is, however, no legal requirement that property stolen must be recovered in whole or in part to constitute the offense of robbery. (3)Then Existing Mental Emotional or Physical Condition. In Brown, a maintenance worker at an apartment building was convicted of murdering a tenant's live-in girlfriend, Shelby Weinstein. 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. Related To Wilfried Holik, Ingrit Holik, Thomas Holik, Linda Holik. In fact, appellant did not request that the court reporter's record be included in the appellate record. Some witnesses testified that they were nervous or uncomfortable during and after the encounters and testified about remaining on a cell phone, staying away from appellant, staying at the front door, going to a place where they could be heard if they screamed, or calling the police or family members after the encounter. 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. 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. 19.03(a)(2), the legal and factual sufficiency standards apply to both the charged and underlying offenses. Brewer is factually distinguishable from the instant case. In his related seventh point of error, appellant urges that the trial judge erred in admitting irrelevant and prejudicial extraneous evidence of the contents of appellant's computer. Appellant argues that the evidence was not relevant under Texas Rules of Evidence 401 and 402 and was more prejudicial than probative. Holik was a supervisory employee of IBM and worked out of her home. 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. Appellant worked at the New Life In Christ Church in Bastrop. 1. ref'd), Torres v. State, 794 S.W.2d 596, 599-600 (Tex.App.-Austin 1990, no pet.)). 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. 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. Deem noted that it was common practice to manually open picture files because text (such as chat sessions) could be found in JPG files. In Rosa v. Commonwealth, 48 Va.App. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. Several accesses were on November 13, 2001, two days before the Holik murder. 103(a)(1). 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. He was able to view for free the introductory screens, photographs, and stories pertaining to the death of women by strangulation. A real estate agent who testified in the case said she was "petrified" when she showed Russo some vacant homes in May 2001. The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin,. At the hearing in the jury's absence, Barajas testified that when Holik answered the telephone, she (Barajas) heard a commotion. This evidence was not repeated before the jury. Cranford invited him into the house. Evid. Inadmissible hearsay admitted without objection shall not be denied probative value merely because it is hearsay. 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. 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. 403. At that point, he stopped his search and called Malchow [his supervisor]. In his interview with the police, appellant asked them what motive he would have to kill Holik, a woman that he did not know. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. In capital murder offenses committed during the course of a robbery, see Tex. Prosecutors said Russo posed as someone looking to buy a home to get into Diane Holik's house in November 2001. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. Appellant asserts that none of the missing property was found in his possession or ever recovered, despite searches of his home and church office, the use of metal detectors in his yard, and a survey of pawn shops. 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. 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. The file in question was not seized or opened. at 986-87. 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. 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. Rankin, 974 S.W.2d at 718. The trial court, however, did admit Barajas's testimony that Holik said, This guy just left under Rule 803(1) over a hearsay objection. Bustamante v. State, 106 S.W.3d 738, 740 (Tex.Crim.App.2003); Maldonado, 998 S.W.2d at 243. Russo claimed he could. Plenty of dogs at Midland Animal Services are waiting for their furever home. In the other portion of the point of error, appellant complains of the testimony of thirteen female homeowners and realtors, relying upon Rule 403. 401 & 403.9. See Conner v. State, 67 S.W.3d 192, 197 (Tex.Crim.App.2001); Dewberry v. State, 4 S.W.3d 735, 740(Tex.Crim.App.1999); Garcia v. State, 919 S.W.2d 370, 378 (Tex.Crim.App.1994); Johnson v. State, 871 S.W.2d 183, 186 (Tex.Crim.App.1993). Moreover, there was evidence that at the time of the murder, appellant was in dire financial straits. The doctor testified that in his opinion, the hypothetical scenario strongly suggests that the defendant in the scenario sought sexual gratification through ligature strangulation. 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. 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.. Dogs inside the house appeared to have left fecal matter on the carpet, indicating that they had been confined for some time. TV-14 Reality and . The Tenth Circuit held that while the first image of child pornography was discovered inadvertently and was not subject to suppression because of the plain view doctrine relating to seizures, the detective exceeded the scope of the search warrant by searching for additional pornographic images. He qualified as an expert witness for the State. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. There were 1,200 images recovered. Copyright 2023, Thomson Reuters. 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. Evid. Appellant's relevancy objections were specifically directed only to the question of remoteness concerning appellant's encounters with certain female homeowners and realtors. The resulting exhibits were obtained from an independent source without any tinge of illegality17 and were admissible into evidence. "He's a predator," said prosecutor Robert Smith, "skilled at deceit and cunning and finding watering holes of potential victims. SID Number: 04127272 TDCJ Number: 00655871 Name: RUSSO, PATRICK ANTHONY Race: W Gender . An earlier membership had been issued on February 28, 2001, to a Janet Russo at the same address. 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. The sixth ground of error is overruled. 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. Id. Prosecutors said Russo posed a home buyer to get into Diane Holik's house in November 2001. Approximately twelve realtors testified that in 2001, a man, whom most of these witnesses identified as appellant, had contacted them about a home or homes he needed to see immediately, and who indicated that he was a cash buyer and could afford houses from $200,000 to $700,000. A composite drawing of the man was prepared by an artist with directions from one of the homeowners. Holik, 42, planned to sell the home, get married and move to Houston. 301, 304 (Pa.1926) (on morning of her death, victim told fellow passenger on train that she was going to meet defendant that evening). During the conversation Holik panicked when she realized that she did not have her expensive engagement ring on her hand. He was a full-time unskilled employee at a custom-cabinet-making company. Upon discovering the child pornography, the agent ceased his search and obtained a second search warrant to search the computer for child pornography. 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. 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. 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. Barajas related that Holik gave an explanation for why she was late. 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. The most recent work description is Clerical/White Collar. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning necrobabes.com. Rector was to continue his search for matters relating to real estate and the sale of homes in the Austin area. The body was fully clothed and there was no evidence of a sexual assault. See Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). More than 136 such documents in the temporary Internet files folder or unallocated clusters (deleted files) were located. 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. Dr. Ranazit Chakraborty, Director of the Center for Genome Information of the University of Cincinnati College of Medicine, reviewed the findings by Mills and Nelson. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex.Crim.App.1995). A search warrant was issued to enter the defendant's home and seize his computer and related items. 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 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. This account has been disabled. See Sharp v. State, 707 S.W.2d 611, 614 (Tex.Crim.App.1986); Williams v. State, 692 S.W.2d 671, 676 (Tex.Crim.App.1984). Sign Up. Investigators say the murderer stayed in Diane Holik's home for a bit to "erase" any sign of them being there. Brady Mills, the supervising criminalist at the Department of Public Safety (DPS) laboratory in Austin, extracted DNA from a swab of the victim's left hand. Diane Y. Devlin Supreme Court Justice Part 6 - 3rd floor 92 Franklin Street Buffalo, NY 14202 Phone: 716-845-9483 Fax: 716-845-5157 Court Clerk: 716-845-9420 IAS Rules. A violent thunder and rainstorm descended upon Austin in the afternoon of November 15, 2001. 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. Appellant complains that the jury was presented with information about his membership in the necrobabes.com Web site and substantial and prejudicial images and stories of asphyxiation that had been viewed on his computer. See Conner, 67 S.W.3d at 197. Hon. Salazar v. State, 38 S.W.3d 141, 153-54 (Tex.Crim.App.2001). Prosecutors said Russo posed a home buyer to get into Diane Holik's house in November 2001. No such references were found. Appellant argued that [s]uch evidence can only prejudice the defendant and distract the jury from the material issues of fact before them.. In many such encounters, Dr. Coons explained, there is no completed sexual act. 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. 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. See Tex.R. Dr. Richard Coons, a psychiatrist and an attorney, testified concerning his training in human sexuality. Find your friends on Facebook. As noted, appellant cannot rely upon Rule 404(b) because he made no objection on that basis either at trial or at the pretrial hearings. 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. 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. Cynthia Barajas, a coworker from California, testified that she contacted Holik by telephone about 12:30 p.m., Austin time, on November 15, 2001. 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). 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. Cardenas v. State, 115 S.W.3d at 62-63. Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. Almost any relevant evidence offered by one party is going to be prejudicial to the opposing party. Find contact's direct phone number, email address, work history, and more. Id. The State contends that the evidence shows that the computer file in question was not itself searched until after the issuance of the search warrant on November 18, 2003. This is true because a review of the factual sufficiency of the evidence begins with the presumption that the evidence supporting the judgment of conviction is legally sufficient. Evid. Circumstantial evidence of intent is not required to meet the same rigorous criteria for legal sufficiency as circumstantial proof of other offensive elements. Appellant does not complain of the admission of all the evidence taken from his computer. In making his factual sufficiency argument, appellant continues to argue that there was insufficient evidence to establish robbery during the course of a murder. He was able to view information about the payment of fees and the purchase of a membership on the Web site. "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. Harmond v. State, 960 S.W.2d 404, 406 (Tex.App.-Houston [1st Dist.] When trying to sell her home, a man, generally fitting the description, came to her home in May 2001 just after her husband left for work. Assuming that the objections were timely made, see Tex.R.App. 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. @dateline_keith Great show Keith! 3. Please complete the captcha to let us know you are . See Watson, 204 S.W.3d at 414-15. 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. Please try again. at 528. 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. McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). This memorial website was created in memory of Diane T Holik, 43, born on September 10, 1958 and passed away on November 16, 2001.

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