Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". Holiks demise story has been featured on the scene of Dateline. Dr. Peacock estimated that Holik died between 3:00 p.m. on November 15 and 3:00 a.m. on November 16, 2001. Guevara, 152 S.W.3d at 49. Another trial exhibit included his AOL search for "asphyx" (which is hardly the first time that searches have been used as evidence in criminal cases). Dateline has featured Holik's story of his demise. Nethery v. State, 692 S.W.2d 686, 706 (Tex.Crim.App.1985); Stilwell v. State, 434 S.W.2d 861, 863 (Tex.Crim.App.1968); Thompson v. State, 59 S.W.3d 802, 808 (Tex.App.-Texarkana 2001, pet. Anthony Russo. Evid. 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. ref'd). See Watson, 204 S.W.3d at 414-15. 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. 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. ref'd); Miranda v. State, 813 S.W.2d 724, 733, 742 (Tex.App.-San Antonio 1991, pet. The man asked for a floor plan, which Cranford did not have. Hickson's testimony thus falls within the present sense impression exception to the hearsay rule. She described appellant as opening the closet door and then dropping his arms to his side and just standing there without saying anything. The verdict may not be overturned unless it is irrational or unsupported by proof beyond a reasonable doubt. Patrick Anthony Russo, 44, was a paying subscriber to Necrobabes.com, a Web site that offers "erotic horror for adults" by providing staged photos and video of usually nude women appearing to. Several of the Internet pages related to the realtors who testified at trial. Dianes wrists also showed marks consistent with being bound with zip ties. Karena Rosario, Faith Hedgepeths Roommate: 5 Fast Facts You Need to Know, Monsters Among Us: Patrick Anthony Russo http://t.co/g0QBNPm7ut via @mylifeofcrime, Vonne Monai (@VonneMonai) April 9, 2013. 1998, pet. Richard will be eligible for parole in 2044. Brewer is factually distinguishable from the instant case. 313, 508 A.2d 976, 985 (1986); State v. Flesher, 286 N.W.2d 215, 216 (Iowa 1979)). (3)Then Existing Mental Emotional or Physical Condition. The officers obtained a search warrant to search the defendant's hard drive for any images of child pornography. Calls to . But we are trying hard to collect all the information about him and will update you soon. 10. We observe that a general relevancy objection, even though timely, does not preserve an extraneous offense claim under Rule 404(b). A homeowner from another subdivision saw the drawing in the newspaper and called the police. It does not appear that appellant challenges the validity of this warrant or its execution. There was an extensive crime scene investigation at the victim's home. 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. In re Winship, 397 U.S. 358, 364, 90 S.Ct. Do Not Sell or Share My Personal Information. Investigation Discoverys Six Degrees of Murder: Ties That Bind chronicles the work that went into catching Dianes killer. The fianc and coworker were excluded, but Mills could not exclude DNA samples from the victim or appellant on the swab. We have no information about his girlfriend/boyfriend. We overrule the third point of error. A Bastrop area telephone service representative testified about cell phones registered to appellant and his wife. The point of error is multifarious and is not easy to decipher. Stay up-to-date with how the law affects your life. During the murder investigation, authorities learned that a strange man with a van had stopped by Diane Holiks place to inquire about the sale of her home. 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. One resident, Melody Blount, was convinced that Russo was the killer once she heard about Holiks murder. at 984-85. 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. He was interviewed during the transport and at the station. 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. his Girlfriend/boyfriends name is Not Available. This was done with the consent of the Web site operator. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). The current code is cited for convenience. Tex.R. ", Rector did not know what that Web site was. We have no more information about his spouse. She noted down the license plate number of his vehicle. Walser, 275 F.3d at 983-84. P. 34.6. 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. See Tex.R. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning "Necrobabes.com.". or. Whitmire said that to bring such a program to Texas is a miracle.. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. 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. 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. People may receive compensation for some links to products and services on this website. Thats Michael Imperioli, 2012-2023, 2paragraphs Productions, LLC. This ring, and a necklace she routinely wore, a brown box containing expensive pieces of jewelry, and a spare house key were determined to be missing. Penal Code Ann. Tex.R. Conner, 67 S.W.3d at 197. Proof of a completed theft is not required. The victim, an IBM at home supervisor, was found in an upstairs bedroom lying face down. 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. The court added: This principle applies equally to a search for electronic files. Suddenly, appellant was close behind her in the room and still was not speaking. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex.Crim.App.1995). On the morning of November 16, 2001, Diane missed a scheduled work call. There was no evidence of a sexual assault. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. The prosecution called thirteen witnesses who were attempting to sell their homes from May to November 15, 2001, or were realtors. About 30 percent of Darringtons roughly 1,800 total inmates are serving sentences of 40 or more years, state data shows. 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. 19. 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. 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. Please try again. Excerpts from the Texas Court of Appeals' opinion dealing with the search warrant: Thus, the jury may infer the requisite intent to rob from the conduct of the accused. The State has interpreted appellant's contention likewise and has briefed only the sufficiency of the evidence relating to the aggravating element of the capital murder. ref'd)). They then released him. The warrant was executed. One woman--who had been suspicious in a November 5 encounter and wrote down the man's license plate number--recognized the drawing and contacted police. The standard of review is the same for both direct and circumstantial evidence. Evid. Cranford thought the drawing bore a very good resemblance to appellant. Upon discovering the child pornography, the agent ceased his search and obtained a second search warrant to search the computer for child pornography. This week Six Degrees of Murder looks at the . Rule 803(1) requires that the declaration, if not simultaneous with the event, be made immediately thereafter. Immediately may permit only a slight lapse of time. The legal sufficiency of the evidence under the Jackson standard is a question of law. 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. See Murray v. United States, 487 U.S. 533, 541-44, 108 S.Ct. See Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Lives in Vancouver, Washington. During their subsequent investigation, police learned that a man claiming to be a prospective home buyer had contacted Austin residents who had "For Sale" signs in front of their homes. The house was listed with a realtor for $435,000, and there was a for sale sign in the front yard. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. ref'd). Appellant was known to the manager because of previous contacts. Some of these exhibits were introduced into evidence. 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. He became sweaty and very shaky, and there was a strange look in his eyes. Log In. What: A Texas church leader found guilty of strangling an Austin woman to death appeals his conviction. See Tex.R.App. At least two homeowners testified that the man came to their houses twice on November 15, 2001, in the Great Hills subdivision. Dateline: Tony Russo Murderer Today - Diane Holik Murder Update It was shown at trial that she wore the charm on a necklace. In the other portion of the point of error, appellant complains of the testimony of thirteen female homeowners and realtors, relying upon Rule 403. He had given different names to them and said that he would pay in cash. Holik's wrists had been bound, and there were marks around her neck indicating strangulation by ligature, meaning a garrote such as a cord or rope. 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. The court reasoned that the special agent would have been remiss not to search the JPG files merely because such files are generally picture files and he believed that the materials he sought were most likely to be text files. 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. 1998, no. Appellant's relevancy objections were specifically directed only to the question of remoteness concerning appellant's encounters with certain female homeowners and realtors. Appellant was released after 8:00 a.m. on November 21, 2001. Barajas then stated, [S]he came back, she picked up the phone and she said, they are back on. Barajas estimated that her conversation with Holik concluded about 1:30 p.m. that afternoon. This inference is not negated by evidence of an alternative motive that a jury could rationally disregard. 1 A jury found appellant guilty of capital murder. The scene that covers the Texas Killing is called "After the Storm". 403. Current counsel makes no belated request for the record. It was November 15, 2001, when a massive storm of heavy floods and rain deluged Austin, Texas. By James Wray. One of the principles of a factual sufficiency analysis is deference to the findings of the jury. 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. A jewelry box, a key string, and a necklace that had been attached to a charm were missing. 301, 304 (Pa.1926) (on morning of her death, victim told fellow passenger on train that she was going to meet defendant that evening). 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. 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.". See Tex.R.App.