Several of the Internet pages related to the realtors who testified at trial. Id. Evidence was admitted that demonstrated that appellant's wife (a school teacher) and his son (a student) were at school during much of the time that the Internet was used to access the necrobabes.com Web site. Appellant received approximately $50.00 a week for his work at the church. On the second occasion, Ramirez noted the license plate of the Ford minivan that appellant was driving. The program, funded by the nonprofit Heart of Texas Foundation, was modeled after a similar effort in Angola, La. People named Patrick Anthony. The court stated: [The computer analyst] testified that when he searches a computer, he systematically goes through and opens user-created files regardless of their names. pet.). ref'd). He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. The court pointed out that in a search for records and documents, innocuous records must be examined to determine whether they fall in the category of those papers covered by the search warrant. Id. He testified that he hypothesized the coincidental chances of obtaining the same nuclear DNA results in this case would be one in 16,817. 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. Cranford went to the nursery to calm the child. by Marjorie Kamys Cotera and Jim Malewitz Russo appealed the capital murder conviction in 2007 but was denied. at 95-96 (citing Kearney v. Commonwealth, 4 Va.App. The doctor testified that in his opinion, the hypothetical scenario strongly suggests that the defendant in the scenario sought sexual gratification through ligature strangulation. 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. Though the death case murder is still a mystery. Appellant Patrick Anthony Russo appeals his conviction for capital murder. 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. Cranford thought the drawing bore a very good resemblance to appellant. A composite drawing of the man was prepared by an artist with directions from one of the homeowners. See Santellan, 939 S.W.2d at 168; Harrell v. State, 884 S.W.2d 154, 161 n. 14 (Tex.Crim.App.1994). After reviewing Carey, Walser, Gray, and other authorities, the Rosa court wrote: We agree with the reasoning of these cases. Powered by. But we are trying hard to collect all the information about him and will update you soon. Margraves v. State, 34 S.W.3d 912, 919 (Tex.Crim.App.2000). 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. Evid. Nethery, 692 S.W.2d at 706; Thompson, 59 S.W.3d at 808. The murder was discovered when one of her co-workers at IBM became concerned that Holik had missed a scheduled meeting and was unreachable. The court added: This principle applies equally to a search for electronic files. Detective Rector reviewed the temporary Internet files and the "index.dat" files to determine the computer's Internet historyOn August 1, 2003, Rector presented the extracted Internet history to a prosecutor to "see what is real estate and what is not." There were no objections based on Rule 404(b) included in the written objections. Further, he does not challenge the probable cause underlying the search warrant issued June 18, 2003, and under which the computer was seized. The trial court did not rule on the matter until trial. 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. 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. (3)Then Existing Mental Emotional or Physical Condition. See Tex.R. Appellant's counsel made general remarks and argued that, after learning of the homicide, many of the witnesses overreacted in describing their encounters or interactions with appellant. at 1147, and held the search constitutional because, unlike Carey, the searching officers were at all times searching for child pornography-the object of the search warrant-and never abandoned the authorized search. Watch Dateline's "The Accused" this Friday, September 30, at 9/8 p.m. Central on NBC. 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). 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. Keeping in mind the particular facts of the instant case, we find no violation of the Fourth Amendment. In State v. Schroeder, 237 Wis.2d 575, 613 N.W.2d 911 (Wis.App.2000), an investigation into Internet harassment and disorderly conduct resulted in a conviction for child pornography. There were no positive hits on these terms. On occasion Hebner's wife took care of Holik's dogs. This is true even where the element of appropriation occurred after the murder. See Murray v. United States, 487 U.S. 533, 541-44, 108 S.Ct. Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. 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. 221 F.3d at 1147. Lang v. State, 698 S.W.2d 735, 736 (Tex.App.-El Paso 1985, no. He said that he was a music minister at a church in Bastrop County, Texas. 93, 628 S.E.2d 92 (Va.App.2006), the search warrant under which the computer was seized was issued relative to the crime of distribution of controlled substances. Appellant said that some jewelry had been taken from the victim. The search ceased, and a second warrant was obtained to search for child pornography. All of the residents who this man approached claimed that he seemed strange. Cranford left the room and appellant stayed behind. Appellant seeks to distinguish Bachhofer on the basis that the instant case did not include any criminal act by appellant during the encounters. Many of realtors were uncomfortable while showing homes to the man. Another search warrant was issued on November 18, 2003, expressly authorizing the search of the necrobabes.com computer file. ref'd), the court held that proof of murder coupled with evidence of a contemporaneous theft from the victim is enough to enable a jury to rationally conclude beyond a reasonable doubt that the murder occurred during the course of a robbery and that the accused had the intent to rob at the time of the murder. ref'd). Calls to Akia went . ref'd). Furthermore, Dianes engagement ring and some other expensive jewelry were missing from the house. 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. https://www.facebook.com/sheyman/posts/10154140006251645?match=ZGlhbmUgaG9saWs%3D. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. 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. 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. While the title appeared suspiciously suggestive and implicitly of a sexual nature, it did not appear to be criminal or of an incriminating character in and of itself. The point of error is multifarious and is not easy to decipher. The facts do not show that Detective Rector exceeded the scope of the search warrant of June 18 in violation of the Fourth Amendment. Find Patrick Russo's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Appellant relies upon his hearsay objections at the hearing to preserve any error, because he made no further objections when Barajas testified before the jury shortly thereafter. Do Not Sell or Share My Personal Information. The episode covering the Texas killing is After the Storm. Currently, her killer, Tony Russo, is incarcerated. But the married, part-time worship leader had just $1,796.19 in the bankat the time of Holiks murder. Watson v. State, 204 S.W.3d 404, 414-15 (Tex.Crim.App.2006) (reclarifying Clewis and overruling Zuniga v. State, 144 S.W.3d 477 (Tex.Crim.App.2004), to the extent of any conflict); see also Marshall v. State, 210 S.W.3d 618, 626 (Tex.Crim.App.2006). Rachal v. State, 917 S.W.2d 799, 808 (Tex.Crim.App.1996); DeLeon, 77 S.W.3d at 315-16. 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. Anthony Russo. Five of these witnesses were Great Hills residents who were approached at their homes on the day of the murder. Dateline Episode Trailer: After the Storm | Dateline NBC, When a beautiful woman is strangled to death in her large upscale Austin, Texas home, police look at the men in the victims life, while also considering that a stranger may have killed her. When she learned that the sale price was $270,000, she stated that the price was way out of their range.. He said that he would set up an appointment for his wife to see the house on the weekend. Moreover, a lawful search extends to the entire area in which the object of the search may be found.. ref'd); Schexnider v. State, 943 S.W.2d 194, 198-99 (Tex.App.-Beaumont 1997, no pet.). 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. Moreover, her wedding band and money diamond setters were absent from the house. Appellant was released after 8:00 a.m. on November 21, 2001. JPG, also known as JPEG files, contain images. However, there was no interrogation to establish these facts. 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 L.J. 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. There is, however, no legal requirement that property stolen must be recovered in whole or in part to constitute the offense of robbery. Patrick Anthony Russo, 82. Akia's family became alarmed when the 21-year-old failed to show up to her own baby shower on May 3. Cranford was close to him. Holik explained why she was late in calling Barajas and added: This guy just left. Holik said that she planned to meet with the man and his wife the following Saturday to show her house. When both the legal and factual sufficiency of the evidence are challenged, the reviewing court must first review the evidence under the legal sufficiency standard. Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999) (quoting Montgomery, 810 S.W.2d at 389). At some point, Rector was able to parse the Internet history relating to necrobabes.com and determine the dates and times on which the computer had accessed the necrobabes.com Web site on the Internet. At the hearing in the jury's absence, the trial court overruled appellant's hearsay objection to the this guy just left testimony on the basis of the present sense impression exception to the hearsay rule. We need not repeat the applicable authorities cited in our discussion under the fifth point of error. Diane Holik was a vibrant woman with a zest for life, she was murdered by Patrick Russo in her own home. 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. They are in relation from previous few years of a strong relationship. 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). See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. 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). At the pretrial hearing, appellant's trial counsel told the trial court that he first wanted to hear the testimony of Detective Roy Rector, the forensic computer expert, and then tailor his motion to suppress accordingly. Brazoria Countys 33 newest Christian ministers arent your typical men of God. The prosecution called thirteen witnesses who were attempting to sell their homes from May to November 15, 2001, or were realtors. Russo, a part-time music minister, pretended he was interested in purchasing Holiks home, and claimed that he could buy the $450,000 house in cash, even though his bank account was later found to only have had $1,796 in it at the time. Proof of robbery committed as an afterthought and unrelated to the murder is not sufficient evidence of capital murder. She was face down and had ligature marks around her neck. ), to support his argument. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. Penal Code Ann. If appellant preserved error for review, it is based on these pretrial rulings under the unique circumstances described. At trial, appellant asserted that the witnesses, after learning of the homicide, overreacted in their trial descriptions of their encounters with appellant. He was sentenced to life in a Texas prison. There were no statutory pretrial motions involved. Lives in Pacific Grove, California. She noted down the license plate number of his vehicle. But we are sure that it is not available and his spouses name is not available. Stay up-to-date with how the law affects your life. No zip ties were found on the body or in the house. In his brief, appellant urges that the evidence admitted over his hearsay objections had no relevancy to any material issue in the case. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. The officers obtained a search warrant to search the defendant's hard drive for any images of child pornography. The mothers name is Not Available. Man gets life in prison for strangulation, Several assaults, thefts reported in latest crime activity. Penal Code Ann. 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 first point of error is overruled. at 1351; see also Franklin v. State, 858 S.W.2d 537, 543-44 (Tex.App.-Beaumont 1993, no pet.). This inference is not negated by evidence of an alternative motive that a jury could rationally disregard. They were engaged within two months of knowing each other. See Tex.R. At least two homeowners testified that the man came to their houses twice on November 15, 2001, in the Great Hills subdivision. 9, 4-5, 75, 81 [pretrial]; R. Vol. A reviewing court may, however, disagree with the result to prevent a manifest injustice. Appellant's son, Anthony Russo, testified that he had access to the computer, but never used his parents' credit card to purchase anything on the computer and never viewed images on the computer of people being killed. Last week, Inquisitr brought you the case of erotic fantasy killer Patrick Anthony Russo, which was also profiled on Dateline NBC. He claims that the fact that Holik's undisturbed purse was found in her car in the garage dispels any notion of a robbery at the scene. Id. 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. Fathers name is Not Available. Lives in Vancouver, Washington. The search program permitted a search of the names and contents of the files. 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. Moreover, objections based on remoteness go to the weight rather than the admissibility of the evidence. later found to only have had $1,796 in it at the time. 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. Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing.