Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. In his interview with the police, appellant asked them what motive he would have to kill Holik, a woman that he did not know. Tex. The defense closed with the State at this stage of the trial without offering evidence. The man told some that he would return with his wife on the weekend to see the house, that he had recently sold a ranch or some property, and that he would be paying cash. The statement met all the requisites as described in Brown. The court added: This principle applies equally to a search for electronic files. 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). Diane Holik, Patrick Anthony Russo: 'Dateline NBC'-'Erotic Horror 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. 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. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. Barnes v. State, 62 S.W.3d 288, 297 (Tex.App.-Austin 2001, pet. In such an event, what the listener on the telephone hears is a present sense impression. David F. Binder, Trial Practice Series, Hearsay Handbook 8: 1 at 8.6 (4th ed.2001) (citing Brown v. Tard, 552 F.Supp. That is an unusual move, they say. "Dateline NBC" After the Storm (TV Episode 2016) - IMDb The thrust of Rule 403 is to favor the admissibility of evidence, Goodwin v. State, 799 S.W.2d 719, 738-39 (Tex.Crim.App.1990), and there is a presumption of the admissibility of the evidence. The man asked for a floor plan, which Cranford did not have. 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. Diane Holik - Address & Phone Number | Whitepages The person is aroused by watching and controlling another with knives or guns or injuring them by other methods, including ligature strangulation. CLIP 10/13/21. 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 Gray court concluded that under the circumstances, it was reasonable under the Fourth Amendment for the special agent, in his routine preliminary file review, to open the JPG file, and to cease the search and obtain another warrant after viewing the nature of the material. The evidence of actions taken by the female witnesses while interacting with appellant (taking precautionary measures, staying away from appellant, checking on a child, or calling family, friends or police) or their expressions of concern provided significant background information about the circumstances under which the events occurred. at 1351; see also Franklin v. State, 858 S.W.2d 537, 543-44 (Tex.App.-Beaumont 1993, no pet.). See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). Holik, 42, planned to sell the home, get married and move to Houston. He was a worship leader and music director. All the evidence must be considered, whether rightly or wrongly admitted. The indentations appeared to have been made by plastic zip ties or flex-cuffs once used by police to bind prisoners' wrists together. Cranford and appellant went to the son's bedroom. The verdict may not be overturned unless it is irrational or unsupported by proof beyond a reasonable doubt. She described the man as appearing nervous and sweaty. TILLA RE LLC in Wichita Falls, TX | Company Info & Reviews Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Police officers searched appellant's church office on November 21, 2001. 18. Another search warrant was issued on November 18, 2003, expressly authorizing the search of the necrobabes.com computer file. Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts - Heavy.com Appellant relies on Rule 40111 to claim that the testimony of seven of the female homeowners and realtors concerning their encounters or interactions with appellant was too remote to be relevant. In the jury's absence, Barajas testified that Holik told her that the man offered cash for her home. At one point, Cranford's son awakened and she moved him to the family room. 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). 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. One Possible Clue Found at Diane Holik Crime Scene Investigators were concerned they had a "stranger on stranger" crime, and were frustrated by the lack of evidence. At the hearing, appellant agreed that Barajas's warning to Holik was not hearsay and expressly stated that he had no objection to the testimony about Holik's recovery of her ring or rings. 1. 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. Salazar v. State, 38 S.W.3d 141, 153-54 (Tex.Crim.App.2001). In Cooper v. State, 67 S.W.3d 221 (Tex.Crim.App.2002), an aggravated robbery case, the Court held that the general rule is the theft or attempted theft occurring immediately after an assault will support an inference that the assault was intended to facilitate the theft for the purposes of proving robbery. 401 & 403.9. 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. We overrule the third point of error. Diane Holik: 5 Fast Facts You Need to Know | Heavy.com Cynthia Barajas, a coworker from California, testified that she contacted Holik by telephone about 12:30 p.m., Austin time, on November 15, 2001. She was born in Bay Shore, Long Island on September 10, 1958 to Wilfried and Ingrit (Wauer) Holik. 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. Appellant relies upon Brewer v. State, 126 S.W.3d 295 (Tex.App.-Beaumont 2004, no pet. See Tex. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named A PLACE FOR PAWS Search All Pennsylvania Companies 22. 1998, no. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. Penal Code Ann. ref'd). Diane Holik Found Dead After Tornadoes Hit Texas Now Playing Preview Killer Lingered in Diane Holik's Home 2:18 Preview "Something Bad Happened" to Diane Holik 1:47 Preview One Possible Clue Found at Diane Holik Crime Scene Trending on Oxygen 2:00 Accident, Suicide, or Murder Grant Whitaker's Girlfriend Becomes Suspicious of Mavrick Fisher 3:03 The body was fully clothed and there was no evidence of a sexual assault. Alternatively, you can call Diane P Holik's home phone at (631) 643-9030. If appellant preserved error for review, it is based on these pretrial rulings under the unique circumstances described. The testimony presented before the jury showed that Holik planned and had the intent to meet the man who just left the following Saturday. Here we are presented with the separate testimony of thirteen witnesses whose different phrases or words are lifted out of the context of their individual testimony and claimed to be inadmissible under Rule 403. at 224. Appellant's hearsay objection was overruled. See Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). In the hallway, Cranford became nervous because appellant continued to stand in the bedroom with a distant look on his face. The trial court specifically overruled the Rule 403 objections to other witnesses but deferred any ruling on the witness Paige Quinluin until trial.13 It appears that the trial court also overruled the later objection that certain witnesses overreacted in describing their encounters with appellant. Evid. These are the same cases that the Amarillo Court of Appeals analyzed in Hall v. State, 970 S.W.2d 137, 141 (Tex.App.-Amarillo 1998, pet. It is not an element of any crime, but evidence of motive is generally admissible because it is relevant as a circumstance tending to prove guilt. Appellant Patrick Anthony Russo appeals his conviction for capital murder. 404(b). Select this result to view Diane L Holik's phone number, address, and more. A homeowner from another subdivision saw the drawing in the newspaper and called the police. The current code is cited for convenience. 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 tenant (Hickson) testified that the victim called him on the telephone and stated that she was not going to work and that the guy is here to fix the air conditioner. The court wrote: Shelby Weinstein's statement that a man was there to fix the air conditioner meets the requirement that the declarant personally perceive the event, that the statement explain or describe the event, and that there be contemporaneity of the statement and the event described. The best result we found for your search is Diane L Holik age 50s in Weatherly, PA. 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. Moreover, there was evidence that at the time of the murder, appellant was in dire financial straits. In the other portion of the point of error, appellant complains of the testimony of thirteen female homeowners and realtors, relying upon Rule 403. or. We must remain cognizant of the fact-finder's role. The trial court further limited the admitted images to those that appellant viewed on his computer between the dates of October 7 through November 13, 2001, the latter date being two days before the murder occurred. Movies/Documentaries Six Degrees of Murder: Ties That Bind Motives & Murder: Death Knocks Dateline: After the Storm. See Tex.R. Diana Olick CNBC Senior Climate and Real Estate Correspondent Diana Olick is an Emmy Award-winning journalist, currently serving as CNBC's senior climate and real estate correspondent.