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. Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary program at the Darrington Unit prison in Brazoria County. 221 F.3d at 1147. All Rights Reserved. Excerpts from the Texas Court of Appeals' opinion dealing with the search warrant: Those in the program "have changed remarkably in the four years not just academically, but in terms of their behavior and their examples to other offenders, Brad Livingston, executive director of the Texas Department of Criminal Justice, said Thursday. Patrick Anthony Russo, Diane Holiks Killer: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. She had been tied up and strangled, an autopsy report confirmed. Investigation Discoverys Six Degrees of Murder: Ties That Bind chronicles the work that went into catching Dianes killer. If error was preserved, it was during pretrial hearings. 4. Alexander v. State, 740 S.W.2d 749, 758 (Tex.Crim.App.1987); Roberson, 16 S.W.3d at 164. Later, she met her future fiance through a dating service. 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. (statement to neighbor who lived less than one minute away that particular man was in declarant's apartment was made immediately thereafter.23 A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity. Goode, 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. Appellant simply asserts that because the encounters occurred either six months or three months before the offense on November 15, 2001, the evidence is too remote to be relevant and should not have been admitted. Deep Dark Secrets is a podcast hosted by LaDonna Humphrey and Alecia Lockhart that shines a light in dark places when all other lights go out. FACTUAL SUFFICIENCY-MURDER IN THE COURSE OF ROBBERY. Evid. Holik's neck bore the marks of a ligature, which was never found. 28.01 (West 2006). The court added: This principle applies equally to a search for electronic files. She was eager to sell her Austin home. Holik's last known telephone conversation occurred at 3:30 p.m. on November 15, 2001, and her computer had been shut down at 3:59 p.m. the same day. See Dillon v. State, 574 S.W.2d 92, 94 (Tex.Crim.App.1978); Skillern v. State, 890 S.W.2d 849, 880 (Tex.App.-Austin 1994, pet. A search warrant was issued to enter the defendant's home and seize his computer and related items. 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 first part of the fifth point of error is overruled. Maldonado v. State, 998 S.W.2d 239, 243 (Tex.Crim.App.1999). A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. >> i studied for theology to become a minister. She opened the front door for them. The resulting exhibits were obtained from an independent source without any tinge of illegality17 and were admissible into evidence. Tex.R. There was an extensive crime scene investigation at the victim's home. However the demise case murder is as yet a secret. 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. When her colleagues werent able to reach her, they asked the police for a welfare check. In capital murder offenses committed during the course of a robbery, see Tex. Here's another look at the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. He has appealed his case, but the Texas Court of Appeals rejected his argument and kept his sentence intact. The overwhelming evidence against him meant only one thing: a conviction. his Girlfriend/boyfriends name is Not Available. Herrin v. State, 125 S.W.3d 436, 441 (Tex.Crim.App.2002); McDuff v. State, 939 S.W.2d 607, 614 (Tex.Crim.App.1997); Rabbani v. State, 847 S.W.2d 555, 558-59 (Tex.Crim.App.1992); Fuller v. State, 827 S.W.2d 919, 931 (Tex.Crim.App.1992); Kitchens v. State, 823 S.W.2d 256, 257-58 (Tex.Crim.App.1991). --- Support this podcast: htt Love #Dateline? 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. Her daughter awakened and screamed. 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. They worked as a team in managing new college hires for IBM. See Photos. 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. Works at Con Edison. In fact, appellant did not request that the court reporter's record be included in the appellate record. 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. at 1146. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. https://www.facebook.com/sheyman/posts/10154140006251645?match=ZGlhbmUgaG9saWs%3D. He was able to view information about the payment of fees and the purchase of a membership on the Web site. See Tex.R. On November 17, 2001, there was a church staff meeting. Deem noted that it was common practice to manually open picture files because text (such as chat sessions) could be found in JPG files. art. Keith examines the 2001 murder of Diane Holik tomorrow. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. In the instant case, appellant challenges only the legal sufficiency of the evidence to establish the underlying offense of robbery. 401 & 403.9. Many of them reported that on November 15, a man came by wanting to purchase their property. If you know some information, please comment below. Id. at 527. Appellant argued that [s]uch evidence can only prejudice the defendant and distract the jury from the material issues of fact before them.. See Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Patrick Anthony. Walser, 275 F.3d at 983-84. See United States v. Mitchell, 145 F.3d 572, 576 (3d Cir.1998); accord United States v. Ruiz, 249 F.3d 643, 646 (7th Cir.2001). Diane was a New York native who moved around the country a lot, thanks to her work. On November 15, 2001, IBM supervisor Diane Holik was found strangled in her bedroom. 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. Calls to Akia went . Cranford had just gotten her children down for a nap. On this latter date, she took note of the license plate number on his van. See Tex.Code Crim. 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. 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. 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). Fortunately, one of those homeowners was perturbed after her encounter with him, and wrote down his license plate number after realizing that he looked like the man in the polices composite drawing. We must remain cognizant of the fact-finder's role. Contact us. The prosecution offered evidence of appellant's financial condition during the time period in question. Cranford went to the nursery to calm the child. Also, we have no information about his son and daughter. The verdict may not be overturned unless it is irrational or unsupported by proof beyond a reasonable doubt. The body was fully clothed and there was no evidence of a sexual assault. college algebra cheat sheet pdf. Richard will be eligible for parole in 2044. The episode covering the Texas Killing is "After the Storm". Appellant calls attention to certain words and phrases lifted out of context in the individual testimony. At one point, Cranford's son awakened and she moved him to the family room. 2737). The death of Diane Holik sparked fear in local real estate agents, who believed that they could be the next victim. Zimmerman v. State, 860 S.W.2d 89, 93 (Tex.Crim.App.1993). Appellant's hearsay objection was overruled. 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. The seventh point of error is overruled. 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. Practically over five years prior, Diane Holik was fiercely killed in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". 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. See Lawton v. State, 913 S.W.2d 542, 553 (Tex.Crim.App.1996); Cardenas v. State, 115 S.W.3d 54, 62 (Tex.App.-San Antonio 2003, no pet.). Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. Thats Michael Imperioli, 2012-2023, 2paragraphs Productions, LLC. All the evidence must be considered, whether rightly or wrongly admitted. Related To Janet Russo, Steven Russo, Mary Russo. 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. These offenders will have an exponential impact.. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. Police also found that said man had identified himself differently to each homeowner. 2529, 101 L.Ed.2d 472 (1988); Crosby v. State, 750 S.W.2d 768, 780 (Tex.Crim.App.1988). 1068, 25 L.Ed.2d 368 (1970); Fisher v. State, 851 S.W.2d 298, 302 (Tex.Crim.App.1993); see also Tex. 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. Appellant also said that he stopped at only one house to ask for directions, which he received from an older gray-haired man. See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. No zip ties were found on the body or in the house. Almost any relevant evidence offered by one party is going to be prejudicial to the opposing party. by . The trial court submitted to the jury both theories of capital murder alleged in the indictment, that the murder occurred in the course of (1) a robbery or (2) a kidnapping. Appellant did not return the next day. Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. But we are sure that it is not available and his spouses name is not available. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. Diane Holik was a vibrant woman with a zest for life, she was murdered by Patrick Russo in her own home. ", Rector did not know what that Web site was. 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). This makes sense, as the user is free to name a file anything. Datelines After the Storm will include interviews with friends and family members of Diane Holik and Travis County investigators. A Storm Reveals A Murder He then expanded it to include Russo's search history, and a prosecutor noticed references to Necrobabes.com. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. It does not appear that appellant obtained an adverse ruling necessary to preserve error, if any. In Campos, the officers learned that the defendant had transmitted two images of child pornography from his computer. See Photos. Graduate Lloyd E. Gregg sings a hymn during the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program. The Diane Holik cases also inspired the Investigation Discoverys show Motives And Murders: Cracking The Case. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. 6. At the time, he was out on parole for aggravated kidnapping. 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. By | On December 12, 2021 03:47 AM "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning "Necrobabes.com.". 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. Several of the witnesses described a vehicle nearby at the time as similar to the champagne or tan-colored van shown to have been driven by appellant. He even spent time in jail for choking a woman. 217.113.62.75 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. 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. 1801, 114 L.Ed.2d 297 (1991). Police found a fully clothed body. Jurors had two pieces of evidence that tied Russo to the crime scene: DNA from a hair that matched his and DNA from a swab taken from Holik's left hand. She was in daily and weekly contact with certain IBM coworkers across the country in the same supervisory field. Barajas related that Holik was excited to be selling her home and was eager to do so.22. 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. ref'd); Miranda v. State, 813 S.W.2d 724, 733, 742 (Tex.App.-San Antonio 1991, pet. 18. Commonwealth v. Marshall, 287 Pa. 512, 135 A. Appellant's DNA was found on Holik's left hand, where engagement rings are worn. P. 33.1(a); Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999) (claim of error not preserved where defendant objected on the ground the testimony was hearsay, but failed to object to the relevancy of the testimony). Inadmissible hearsay admitted without objection shall not be denied probative value merely because it is hearsay. We do not reach the second point of error claiming legal insufficiency of the evidence to establish that the murder occurred in the course of a kidnapping. Dr. Peacock estimated that Holik died between 3:00 p.m. on November 15 and 3:00 a.m. on November 16, 2001. Drichas v. State, 175 S.W.3d 795, 799 (Tex.Crim.App.2005); Clewis, 922 S.W.2d at 134. It has been said that three principal requirements must be met before hearsay evidence may be admitted as a present sense impression: (1) the declarant must have personally perceived the event described; (2) the declaration must be an explanation or description of the event rather than a narration; and (3) the declaration must be contemporaneous with the event. Rule 403 provides:Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.Tex.R. After viewing the video, the officer ceased the search on the hard drive and obtained a new search warrant authorizing a search for evidence of possession of child pornography. Hearsay is a statement other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted. Pastor Fox stated that appellant felt that he was going to be arrested for killing a lady. It was November 15, 2001, when a massive storm of heavy floods and rain deluged Austin, Texas. See Tex.R. A chapel inside the Darrington Unit, where inmates can participate in the Southwestern Baptist Theological Seminary program to become Christian ministers. 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. Tex.R. Thus, Diane was hoping to offer her past Home and move to Houston, Texas, where he resided. 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. Now, the police had to figure out who visited Diane in that period. 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. He gave the name of Jim Taylor. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). There was no evidence of a sexual assault. 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 proponent of evidence usually has the original burden of showing that it is relevant and admissible. The Due Process Clause of the Fourteenth Amendment to the United States Constitution requires every state criminal conviction to be supported by evidence that a rational trier of fact could accept as sufficient to prove all the elements of the offense charged beyond a reasonable doubt. 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. pet.). 2023 CNET, a Red Ventures company. Click here to read about the details of Russos search warrant. On the morning of November 16, 2001, Diane missed a scheduled work call. 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.