Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. Click to reveal There were no objections based on Rule 404(b) included in the written objections. See Photos. 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. ref'd) (Texas precedent allows state-of-mind declarations to be admitted to prove the joint conduct of the declarant and another). Diane Holik, Patrick Anthony Russo: 'Dateline NBC'--'Erotic Horror Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. There are no points of error raised regarding the penalty stage of the trial. People may receive compensation for some links to products and services on this website. @DatelineNBC https://t.co/JEoZIjMREd, Robert Maxwell (@RMaxwellKXAN) September 22, 2016. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). We disagree. The authorities created a composite sketch and made it public. Cranford and appellant went to the son's bedroom. After having been first interviewed by Austin police officers, appellant discussed the matter with Pastor Fox, telling Fox that some jewelry was stolen in the offense, but the police had not communicated that information to appellant. 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 trial court, however, did admit Barajas's testimony that Holik said, This guy just left under Rule 803(1) over a hearsay objection. 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). The first point of error is overruled. Cranford went to the nursery to calm the child. Christine Choate, one of the homeowners and also a realtor, testified that appellant came to her Great Hills home on November 15, 2001, between 3:00 and 3:30 p.m. and identified himself as Walter Miller. Appellant appeared nervous and was sweating. ), to support his argument. One of the 33 inmates who graduated from the prison seminary program at the Darrington Unit. Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary program at the Darrington Unit prison in Brazoria County. It was November 15, 2001, when a massive storm of heavy floods and rain deluged Austin, Texas. There were no positive hits on these terms. The resulting exhibits were obtained from an independent source without any tinge of illegality17 and were admissible into evidence. Appellant's hearsay objection was overruled. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). There were no positive hits on these terms. Diane was face down and had ligature marks around her all-over neck according to the source. State's Exhibits 605 through 618 are the Web pages (introductory screens) from the necrobabes.com Web site and available to anyone surfing the Internet. 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. The scene that covers the Texas Killing is called "After the Storm". Investigators initially believed Holik, who was 43 at the time of her death, had committed suicide, but after further review realized she was murdered. Proximity in time and place may be a factor, but it must be considered along with other facts and circumstances. 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). Akia Eggleston. Another search warrant was issued on November 18, 2003, expressly authorizing the search of the necrobabes.com computer file. Also, we have no idea about his brother and sister, and we dont know their names either. For the same reason we did not reach the second point of error, we do not reach the fourth point claiming factual insufficiency to show murder in the course of a kidnapping. Patrick Anthony RUSSO, Appellant, v. The STATE of Texas, Appellee. Her $17,500 engagement ring was missing. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. The fianc and coworker were excluded, but Mills could not exclude DNA samples from the victim or appellant on the swab. Appellant did not further object at trial. Lives in Vancouver, Washington. Using realtor, Rector made a keyword search and found 19 hits in the temporary Internet files and 107 hits in the unallocated clusters.16 On August 1, 2003, Rector presented the extracted Internet history to a prosecutor to see what is real estate and what is not. The prosecutor noted that the Internet history made reference to a necrobabes.com. Rector did not know what that Web site was. 9. 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. 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. 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. According to the agents, Tony Russo was a print and computerized Journalist by calling. 2737, 49 L.Ed.2d 627 (1976). JPG, also known as JPEG files, contain images. (upholding admission under Rule 803(3) of murder victim's statement that she wanted to leave defendant, but felt economically trapped); Norton v. State, 771 S.W.2d 160, 165-66 (Tex.App.-Texarkana 1989, pet. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. He was not permitted entry and rejected statements suggesting that he contact his realtor. 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. Id. 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. Holiks demise story has been featured on the scene of Dateline. pet.). About 1,200 Necrobabes.com-related images were found on the seized computer, and there was evidence Russo accessed the site two days before the Holik murder. Alexander v. State, 740 S.W.2d 749, 758 (Tex.Crim.App.1987); Roberson, 16 S.W.3d at 164. Appellant said that some jewelry had been taken from the victim. Penal Code Ann. Keeping in mind that appellant does not challenge the legal sufficiency of the evidence to support the murder portion of the charged offense, we examine the challenged portion. Practically over five years prior, Diane Holik was fiercely killed in her own Home in Austin, Texas, by Patrick Anthony Tony Russo. Some of these exhibits were introduced into evidence. See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. This exhibit is not before us for consideration of its relevancy. Under all the circumstances, if error was properly preserved and presented, we conclude that the trial court did not abuse its discretion in overruling appellant's pretrial Rule 403 objections. P. 33.1. That includes some who will spend the rest of their lives behind bars. 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. They also learned that the church leader had a fascination with strangling women and often visited porn sites that featured the strangulation deaths of women, according to court records found at FindLaw. The State offered and did eliminate certain parts of the testimony of Melody Blount and Tammy Tayman. According to the records, Tony Russo made some long-memories criminal history; he was captured on different occasions for attacking ladies. He compared the samples with known DNA samples from the victim, the appellant, the victim's fianc, and a male coworker. We overrule the third point of error. 6. 202, 355 S.E.2d 897, 899 (Va.App.1987) and United States v. Ross, 456 U.S. 798, 820, 102 S.Ct. We have no information about his girlfriend/boyfriend. He was interviewed during the transport and at the station. She said, this guy just left. When asked about the length of time from when the man had been there to when you talked to her (Holik) on the phone, Barajas responded, Just moments.21 Barajas testified that Holik told her that she [Holik] had plans to meet this man and his wife the following Saturday to show her house. Dateline: Diane Holik's Murderer Patrick Russo Had $1,796 In Bank ref'd); 1 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Texas Rules of Evidence 401.3 (2d ed.2002). About a week after the murder, Patrick was brought in for questioning. 11. This weekend, Holiks story will be highlighted on an episode of Dateline NBC. He qualified as an expert witness for the State. Texas church leader is convicted of capital murder in part because of his AOL searches and visits to Necrobabes.com.