There was no evidence of a sexual assault. Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. If error was properly preserved, we conclude that the trial court did not abuse its discretion in admitting the complained-of evidence in light of the objections made. 28.01 (West 2006). Practically over five years prior, Diane Holik was fiercely killed in her own Home in Austin, Texas, by Patrick Anthony Tony Russo. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()), Who is Kim Pauckner? patrick anthony russo datelinehow does khalil explain thug life. 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. Cranford left and let the dog out of the study because she was uncomfortable. There is no per se rule by which to determine when evidence is too remote to be admissible. In addition to testimony at Russos trial, revelations abouthis subscription to necrobabes.com (an asphyxiation-type pornographic website)andDNA evidence linked Russo to Holiks murder. Cranford left the room and appellant stayed behind. Patrick Anthony Russo, 82. Evid. ", Rector did not know what that Web site was. A homeowner from another subdivision saw the drawing in the newspaper and called the police. Conner, 67 S.W.3d at 197. Russo was once arrested for burglary and the kidnapping of a woman. The search ceased, and a second warrant was obtained to search for child pornography. 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. Lived In Lake Jackson TX, Clute TX. She was in daily and weekly contact with certain IBM coworkers across the country in the same supervisory field. 15. Tonight, Dateline will investigate the details of Holik's death. Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. We have no information about his girlfriend/boyfriend. coming up -- patrick russo seems an unlikely killer. This led the police to Patrick Anthony Russo. Her life partner, in the wake of getting educated, immediately precluded the spot. 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 Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). All rights reserved. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. It was an awkward situation. In his brief, appellant urges that the evidence admitted over his hearsay objections had no relevancy to any material issue in the case. Datelines After the Storm will include interviews with friends and family members of Diane Holik and Travis County investigators. If you know some information, please comment below. If error was preserved, it was during pretrial hearings. Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2529, 101 L.Ed.2d 472 (1988); Crosby v. State, 750 S.W.2d 768, 780 (Tex.Crim.App.1988). Appellant appeared broken and downcast when making his statements. He left the black-and-white flyer behind. After examining Gray and Carey, the Wisconsin court held that images of child pornography observed when the analyst was systematically searching for harassment evidence was admissible under the plain view doctrine relating to the seizure of contraband or illegal possession of property. Thus, the jury may infer the requisite intent to rob from the conduct of the accused. We conclude that the evidence supporting the finding of guilt is not so weak as to make the finding clearly wrong or manifestly unjust, nor is the verdict against the great weight and preponderance of evidence. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). Appellant's remoteness argument is broad based. As indicated by the news report, Tony Russo was taken in to be interrogated. A canvas of the neighborhood also revealed that the same man had knocked on the doors of other neighbors who had For Sale signs in the yard. In December 2015, he filed for Grounds for Relief. Cloudflare Ray ID: 7a2ab1842cc41cc8 Works at . 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. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. Lives in Pacific Grove, California. In many situations, he wanted to meet the woman realtor alone at the site of the vacant house. later found to only have had $1,796 in it at the time. at 1273. The prosecution called thirteen witnesses who were attempting to sell their homes from May to November 15, 2001, or were realtors. The action you just performed triggered the security solution. Keith Morrison. 12. Before conducting any examination of the computers, the police obtained a search warrant to search the files on the computers for names, telephone numbers, ledger receipts, addresses, and other documentary evidence pertaining to sale and distribution of controlled substances. Id. According to the agents, Tony Russo was a print and computerized Journalist by calling. 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. 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. ref'd), Torres v. State, 794 S.W.2d 596, 599-600 (Tex.App.-Austin 1990, no pet.)). The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. The fianc and coworker were excluded, but Mills could not exclude DNA samples from the victim or appellant on the swab. 103(a)(1). [C]ontemporaneity of the event and the declaration by itself, should be a sufficient guarantee for admissibility Contemporaneity of the event may be inferred circumstantially. 2 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Texas Rules of Evidence 803.2 (3d ed.2002) (citing Vanderhorst v. State, 821 S.W.2d 180, 183 (Tex.App.-Eastland 1991, pet. More than 136 such documents in the temporary Internet files folder were located. at 1271, the detective began to browse through the file directories in Carey's computer and stumbled across a JPG file18 and opened it. Several accesses were on November 13, 2001, two days before the Holik murder. Remember that, Austin? at 1270. ref'd). >> do you remember ever talking to her? Rector was then requested by a prosecutor to conduct a more thorough search to look for Internet activity related to real estate. In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. how much did lawrence welk band members make; walmart distribution center pedricktown, nj 08067; smoked coffee beans on pellet smoker; power xl air fryer turn off beeping Reviewing courts are not fact finders. >> but an odd coincidence. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. 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. Offers may be subject to change without notice. Patrick Russo in Texas. ref'd). Although the man had given different names to homeowners, police produced a composite drawing and published it in a local newspaper. Fathers name is Not Available. As noted, on November 18, 2003, another search warrant was issued by a district judge to search the hard drive of appellant's computer for, inter alia, information, photos and text from a Web site named "Necrobabes.com" and information pertaining to death by asphyxiation. According to. Barajas testified that she warned Holik not to let strangers in her home when she was alone. Susan Fox, the pastor's wife, testified about the same conversation. 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 be strangled, suffocated, hanged and drowned. Nonetheless, the fresh insight about this case is still to be uncovered. 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). There was evidence that appellant's wife inquired about property in Bastrop County. 313, 508 A.2d 976, 985 (1986); State v. Flesher, 286 N.W.2d 215, 216 (Iowa 1979)). Keeping in mind the particular facts of the instant case, we find no violation of the Fourth Amendment. During the conversation Holik panicked when she realized that she did not have her expensive engagement ring on her hand. The jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. Later, she met her future fiance through a dating service. The State did not offer this evidence before the jury. 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. Her nineteen-month-old son was in the master bedroom and her three-month-old daughter was in the nursery. Carey is factually distinguishable. Tex. Though the death case murder is still a mystery. Suddenly, appellant was close behind her in the room and still was not speaking. The seventh point of error is overruled. In the same general time frame, Diane Holik was murdered by ligature strangulation in her own home at XXXX Pathfinder in the Great Hills subdivision in Austin, where she lived alone. Mental culpability is of such a nature that it generally must be inferred from the circumstances under which the prohibited act occurred. 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. 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. E1 All episodes Cast & crew IMDbPro All topics After the Storm Episode aired Sep 23, 2016 TV-PG IMDb RATING 7.9 /10 20 YOUR RATING Rate Documentary News Texas, 2001: Diane Holik is strangled in her home. Log in or sign up for Facebook to connect with friends, family and people you know. 19.03(a)(2) (West Supp.2006). Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. The doctor testified that in his opinion, the hypothetical scenario strongly suggests that the defendant in the scenario sought sexual gratification through ligature strangulation. Tammy Cranford identified appellant as the man who came to her home at 4505 Tello Path in south Austin about 1:30 p.m. in early November 2001. >> i studied for theology to become a minister. It does not appear that appellant obtained an adverse ruling necessary to preserve error, if any. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. 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. The person will play out the fantasies, searching out potential victims. Dan Patrick and Grove Norwood, founder and CEO of the Heart of Texas Foundation, attended the commencement ceremony for the first graduating class on May 9, 2015. Each membership was paid with a credit card traced to appellant. Follow along as LaDonna and Alecia share the heartbreaking details of how Patrick Anthony Russo's fetish played into Diane Holik's murder. Penal Code Ann. his Girlfriend/boyfriends name is Not Available. Investigation Discoverys Six Degrees of Murder: Ties That Bind chronicles the work that went into catching Dianes killer. These offenders will have an exponential impact.. We conclude that the trial court did not abuse its discretion in admitting the exhibits as relevant evidence, or in finding through the balancing process that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. ref'd) (Texas precedent allows state-of-mind declarations to be admitted to prove the joint conduct of the declarant and another). Appellant was ready to submit to the authority of the pastor. See Tex.R.App. Prosecutors said Russo posed as someone looking to buy a home to get into Diane Holik's house in November 2001. Evid. 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. Cranford opened the front door to prevent the bell from awaking the children. The man gave different names to some of the homeowners. This week Six Degrees of Murder looks at the . 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. 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. He further complains that the testimony provided by Tammy Tayman and Holly Dittart are based on contact with appellant, alleged to have occurred in August 2001. Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). A Bastrop area telephone service representative testified about cell phones registered to appellant and his wife. Id.19. For a more liberal view of the requirement of contemporaneousness, see United States v. Parker, 936 F.2d 950, 954 (7th Cir.1991); United States v. Blakey, 607 F.2d 779, 784-86 (7th Cir.1979). The first part of the fifth point of error is overruled. The officers obtained a search warrant to search the defendant's hard drive for any images of child pornography. Cranford told him that she did not use it during the day. 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 current code is cited for convenience. The defense closed with the State at this stage of the trial without offering evidence. Hickson's testimony thus falls within the present sense impression exception to the hearsay rule. 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. 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 18 search warrant--continued as evidenced by exhibits later introduced into evidence without objection. 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). Sandy Menley describes her experience with a man she believes is Tony Russo. Several of the Internet pages related to the realtors who testified at trial. Tonight, Dateline will investigate the details of Holik's death. With that, tips started pouring in. Do you value our journalism? Furthermore, Dianes engagement ring and some other expensive jewelry were missing from the house. It was shown at trial that she wore the charm on a necklace. Russo, a part-time music minister, pretended he was interested in purchasing Holik's home, and claimed that he could buy the $450,000 house in cash, even though his bank account was later found. 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. 2. 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. 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. Diane Holik was a vibrant woman with a zest for life, she was murdered by Patrick Russo in her own home. At the time, he was out on parole for aggravated kidnapping. Were [the computer analyst] to limit his search to files whose names suggest the type of evidence he seeks, it would be all too easy for defendants to hide computer evidence: Name your porn file 1986 tax return and no one can open it. Stay up-to-date with how the law affects your life. The State offered and did eliminate certain parts of the testimony of Melody Blount and Tammy Tayman. The police never mentioned, however, that Holik's jewelry was missing. Bush v. State, 628 S.W.2d 441, 444 (Tex.Crim.App.1982); Eby v. State, 165 S.W.3d 723, 737 (Tex.App.-San Antonio 2000, pet. In February 2004, Patrick stood trial for Dianes murder. Diane Holik was excited to enter a new phase in her life after getting engaged. People may receive compensation for some links to products and services on this website. Careful detective work, along with the help of many women who also encountered the mystery man, solves the case. He was found guilty of capital murder and was sentenced to life in prison. She jotted down the license plate numbers when she recognized him from the police composite sketch. 2023 CNET, a Red Ventures company. 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. Some DNA evidence found on a green towel in Holik's home also pointed to Russo. ref'd). ref'd). Your IP: 403. Evidence which is not relevant is inadmissible.Tex.R. See Tex. We have not found or been directed to any trial ruling on Paige Quinluin's testimony. No such necklace was found. 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. Through irrefutable scientific evidence, the police were able to bring the culprit to justice. We conclude that the trial court did not abuse its discretion under Rule 803(3) in admitting the statements concerning Holik's plan and intent to meet the man on the following Saturday. Rector then performed some keyword searches on the hard drive copy using Diane Holik, Pathfinder, and Lakki Brown (Holik's realtor). 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. Id. at 529. In his eighth point of error, appellant contends that the trial judge erred in the admission of a hearsay statement. Appellant's brief, however, relates to several statements by the witness Cynthia Barajas. 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. Rector examined the computer with a program called "Encase," which is designed to recover any data located on a hard drive, whether it is an active computer file or a previously deleted file. Holik was excited because she thought she had sold her home. Its literally going to change the culture. There was evidence indicating that appellant had been to the Holik house twice on November 15, 2001, as he had been to other homes for sale in the Great Hills subdivision on November 15, 2001. Almost any relevant evidence offered by one party is going to be prejudicial to the opposing party. ref'd); Schexnider v. State, 943 S.W.2d 194, 198-99 (Tex.App.-Beaumont 1997, no pet.). Appellant argued that [s]uch evidence can only prejudice the defendant and distract the jury from the material issues of fact before them.. Before his arrest, Russo worked as a worship leader and music director at New Life In Christ Church in Bastrop, Texas. Graduate Lloyd E. Gregg sings a hymn during the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program. Barajas's testimony that she telephoned and finally contacted Holik on November 15, 2001, and that Holik simply gave an explanation for the delay (without more) is not hearsay. DNA evidence found at the scene also tied Patrick Anthony Russo to the murder of Diane Holik. ref'd) (finding no abuse of discretion in admission of prior statement by murder victim that he intended to go to defendant's shop); see Green v. State, 839 S.W.2d 935, 942 (Tex.App.-Waco 1992, pet. Diane was face down and had ligature marks around her all-over neck according to the source. Susan Fox reported that appellant said that he had shaved off his goatee and had removed the pin-striping from his van, and that these actions might look suspicious to the police. 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. Prosecutors said Russo frequented Internet sites that contained stories and photos about asphyxiating women. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. Armed with yet another search warrant, granted on November 18, 2003, Rector did a more complete search of the computer for "information pertaining to death by asphyxiation." Barajas related that Holik was excited to be selling her home and was eager to do so.22. As the State points out, the exhibits were offered under Rule 404(b) as circumstantial evidence of appellant's motive, intent, preparation, plans, and identity. Evid. So when no one could get in touch with Diane Holik, everyone believed that the lines were down. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. 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. 11. In points three and four, appellant claims that the evidence was factually insufficient to establish the same issues raised in points one and two. Diane Holik was an inhabitant of New York who was hoping to move around the nation after she locked in. Drichas v. State, 175 S.W.3d 795, 799 (Tex.Crim.App.2005); Clewis, 922 S.W.2d at 134. Dr. Coons explained that a sexual sadist is sexually stimulated with a fantasy life and becomes obsessive. Keith examines the 2001 murder of Diane Holik tomorrow. 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). >> 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 Tex.R. ; Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). 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. https://www.facebook.com/sheyman/posts/10154140006251645?match=ZGlhbmUgaG9saWs%3D. With regards to seven days after Dianes homicide, Tony was taken as a killer in court. To this exhibit, appellant expressed "no objection." She put the phone down, but later returned and told Barajas that her rings were back on. The conversation eventually concluded about 1:30 p.m. Robert Hebner and his wife were neighbors and friends of Holik. This makes sense, as the user is free to name a file anything. In the absence of the jury, the trial court conducted a hearing on Barajas's testimony and made its rulings. 402. 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. Holik's body was found face down on the floor in an upstairs guest bedroom. In his interview with the police, appellant asked them what motive he would have to kill Holik, a woman that he did not know. ref'd). He compared the samples with known DNA samples from the victim, the appellant, the victim's fianc, and a male coworker. See Tex.Code Crim. The jury may accept or reject all or any part of any witness's testimony, Jones v. State, 984 S.W.2d 254, 258 (Tex.Crim.App.1998), and resolve any conflicts in the evidence. Diane Holik listed her Austin, TX home for sale in 2001 and eagerly awaited a buyer, but found something far worse: a fetisher. Despite the manner in which Barajas's testimony about Holik's plans was presented at the separate hearing, the prosecution made clear that it was offering the testimony under the state of mind exception to the hearsay rule. Appellant was released after 8:00 a.m. on November 21, 2001. Appellant worked at the New Life In Christ Church in Bastrop. He was able to view information about the payment of fees and the purchase of a membership on the Web site. 803(3). See Tex.R.App. See Tex.R.App. Follow along as we explore the fringes of the True Crime world with topics such as death fetish pornography, kids off the grid, demonic possessions, evil doc She was going to move from Austin, Texas, a place she called home for many years. Passwords were issued allowing entry to the said Web site as a result of the memberships. ref'd). He then expanded it to include Russo's search history, and a prosecutor noticed references to Necrobabes.com. Here, Holik's statement to Barajas over the telephone that This guy just left was contemporaneous with the event it described or certainly it could be inferred circumstantially. Related To Janet Russo, Steven Russo, Mary Russo. Family and friends are slowly eliminated until it is likely a stranger murder. The scene covering the Texas Killing is "After the Storm". 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. Another search warrant was issued on November 18, 2003, expressly authorizing the search of the necrobabes.com computer file. Powered by WordPress.com VIP. Appellant relies upon Brewer v. State, 126 S.W.3d 295 (Tex.App.-Beaumont 2004, no pet. 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. Maldonado v. State, 998 S.W.2d 239, 243 (Tex.Crim.App.1999). Although appellant used the phrase extraneous conduct evidence in the point of error, there was no objection on the basis of Rule 404(b). 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. He was sentenced to life in a Texas prison. 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.
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