They then released him. He seemed to fit the bill of their suspect. Hickson's testimony thus falls within the present sense impression exception to the hearsay rule. Dateline has featured Holik's story of his demise. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. The black-and-white flyer was turned over to the police.3. by Marjorie Kamys Cotera and Jim Malewitz Performance & security by Cloudflare. Diane Holik Murder: Where is Patrick Anthony Russo Now? While the authorities were canvassing in the neighborhood, they came across some peculiar information from many homeowners who had their property on sale. Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. * Gary A. Taylor, Law Offices of Gary Taylor, M. Ariel Payan, Austin, for appellant. Dateline: Tony Russo Murderer Today - Diane Holik Murder Update 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). Dateline: Tony Russo Murderer Today - Diane Holik Murder Update - ZGR.net The court reasoned that the special agent would have been remiss not to search the JPG files merely because such files are generally picture files and he believed that the materials he sought were most likely to be text files. Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing. at 527. 19.03(a)(2) (West Supp.2006). 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. He was sentenced to life in a Texas prison. 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. Nick Hillary, Garrett Phillips: 'Dateline' NBC's 'The Accused' Recounts Sign Up. We conclude from all the evidence that a rational jury could have found beyond a reasonable doubt all the essential elements of capital murder, including the aggravating element of robbery involving the timely formed intent to steal. Cranford said that appellant's eyes somehow looked bigger and deeper and darker and that he seemed to be a different person. All the evidence must be considered, whether rightly or wrongly admitted. Fathers name is Not Available. Before his arrest, Russo worked as a worship leader and music director at New Life In Christ Church in Bastrop, Texas. In a subsequent search of Russo's home on June 18, 2003, done with a warrant, police seized a personal computer. Who Is Lawyer Robert Lewis on Blue Bloods? He indicated that the material from the erotic asphyxiation Web site tended to reveal the motive for the killing of the victim, which was sexual sadism. Russo is currently serving a life-sentence for the murder of Diane Holik. The Texas lawmakers said the site of smiling inmates leading others in prayer moved them and helped bring the program to Texas. The mothers name is Not Available. People named Patrick Anthony. On November 18, 2003, a second search warrant was issued, that authorized the search of the hard drive of appellants computer for [i]nformation pertaining to death by asphyxiation as well as other information and photos and text from the Web site named necrobabes.com.. Lived In Lake Jackson TX, Clute TX. 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. 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. Russo proved to be a paying subscriber to the website, Necrobabes.com, which offers erotic horror for adults by providing staged photos and video of usually nude women appearing to be strangled, suffocated, hanged and drowned, according to C Net. Patrick Russo, 40, a part-time music minister, was. Maldonado, 998 S.W.2d at 243. Johnson v. State, 23 S.W.3d 1, 11 (Tex.Crim.App.2000); Santellan v. State, 939 S.W.2d 155, 164 (Tex.Crim.App.1997). See Tex.R. 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. 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. There were no trial objections to the subject matters advanced in this point of error. A search of his computer revealed his proclivity towards asphyxiation-type pornography. On November 17, 2001, there was a church staff meeting. 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. 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. The State urges that the temporary Internet files relating to necrobabes.com were not opened before the issuance of the search warrant on November 18, 2003. Though the death case murder is still a mystery. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. While conducting a systematic search of the files on the hard drive for evidence of harassment, a computer analyst found child pornography. Appellant's DNA could not be excluded from four of nine loci considered by Mills. Rule 403 more strongly favors admissibility than did many of the earlier formulations of the appropriate balancing test, with the opponent of the evidence bearing the burden of showing that the probative value is substantially outweighed by countervailing factors. 1 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Rules of Evidence, 403.1 (3d ed.2002) (citing Yohey v. State, 801 S.W.2d 232, 236 (Tex.App.-San Antonio 1990, pet. 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. See Camarillo v. State, 82 S.W.3d 529, 537 (Tex.App.-Austin 2002, no. 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. He was a full-time unskilled employee at a custom-cabinet-making company. Id. 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. Sept. 24, 2016 Best of NBC News Play All NBC News Channel Three climbers killed in. In December 2015, he filed for Grounds for Relief. Furthermore, Dianes engagement ring and some other expensive jewelry were missing from the house. 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. In Fain v. State, 986 S.W.2d 666, 680 (Tex.App.-Austin 1998, pet. 8. 217.113.62.75 Patrick Anthony Russo, 82. A jewelry box, which contained a substantial amount of jewelry, including some very expensive pieces, was missing from the master bedroom. 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. Passwords were issued allowing entry to the said Web site as a result of the memberships. A search warrant was issued to enter the defendant's home and seize his computer and related items. Many neighbors and family members detailed that a man came on November 15 needing to buy their property. Whether to admit an out-of-court statement under an exception to the hearsay rule is committed to the trial court's discretion. According to the agents, Tony Russo was a print and computerized Journalist by calling. 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. Deem stated that he could not determine whether a particular JPG file was within the scope of the search warrant until he opened it to see if it contained relevant information. Holik's demise story has been featured on the scene of Dateline. Dianes wrists also showed marks consistent with being bound with zip ties. 7. He was indicted in May 2002. 11. Conner, 67 S.W.3d at 197; Alvarado v. State, 912 S.W.2d 199, 207 (Tex.Crim.App.1995). The basis of this latter ruling was the state of mind exception to the hearsay rule. Some witnesses testified that they were nervous or uncomfortable during and after the encounters and testified about remaining on a cell phone, staying away from appellant, staying at the front door, going to a place where they could be heard if they screamed, or calling the police or family members after the encounter. take on any road with intuitive all-wheel drive. 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. Under the Fourteenth Amendment, the task of the appellate court is to consider all the evidence in the light most favorable to the verdict and determine if any rational trier of fact could have found beyond a reasonable doubt all the essential elements of the offense. 18. Appellant's known fingerprints matched the prints on the black-and-white flyer and prints on the flyer box in Tammy Cranford's yard. 301, 304 (Pa.1926) (on morning of her death, victim told fellow passenger on train that she was going to meet defendant that evening). 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. Holik's death story has been highlighted on the episode of Dateline. Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. A trial court abuses its discretion in the context of evidentiary rulings only if its ruling is outside the zone of reasonable disagreement. 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. Here's another look at the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. 2023 CNET, a Red Ventures company. Proof of robbery committed as an afterthought and unrelated to the murder is not sufficient evidence of capital murder. Moreover, a lawful search extends to the entire area in which the object of the search may be found.. A homeowner from another subdivision saw the drawing in the newspaper and called the police. 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. The van was parked in such a manner that Hebner thought that a potential buyer was there. Russo claims his counsel was ineffective. The sixth ground of error is overruled. Proof of a completed theft is not even required. It does not appear that appellant challenges the validity of this warrant or its execution. Investigators say Tony Russo targeted expensive homes and pretended to be a home buyer to rob the victims. Excerpts from the Texas Court of Appeals' opinion dealing with the search warrant: United States v. Carey, 172 F.3d 1268, 1271 (10th Cir.1999). Carey is factually distinguishable. What stood out about the stranger, according to neighbors, was the eerie and creepy vibe that he gave them while talking about the house. He was a worship leader and music director. Each membership was paid with a credit card traced to appellant. Cranford and appellant went to the son's bedroom. The police never mentioned, however, that Holik's jewelry was missing. Appellant placed the black-and-white flyer on a table in the foyer. 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. Log In. ", Rector did not know what that Web site was. Dan Patrick then a state senator and Whitmire visited Angola, La., where officials credit their own program for changing the prisons decades-long culture of violence. >> 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 Other evidence showed that several days before the murder, appellant accessed the necrobabes.com Web site which detailed a scenario that involved the ligature strangulation of a woman and the theft of her jewelry. After being let into the house by a neighbor, the police found a fully clothed body in an upstairs bedroom. In Brown, a maintenance worker at an apartment building was convicted of murdering a tenant's live-in girlfriend, Shelby Weinstein. 1998, no. The evidence was relevant. Id. He did not resume the search and find the rest of the nude images of children until after a second search warrant had been issued. Id. 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). Russo claims the court violated his right to due process including admitting evidence beyond the scope of the search warrant (nude photos from necrobabes which were not found on his computer), among other things. 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. ), to support his argument. Go ahead and find out with this little quiz https://t.co/Lkr0bKeh6f, Dateline NBC (@DatelineNBC) September 23, 2016. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. See Chaney v. State, 474 S.W.2d 711, 712 (Tex.Crim.App.1972); Dean v. State, 154 S.W.2d 459 (Tex.Crim.App.1941). Some have been convicted of murder, and those who arent murderers are locked away for other serious crimes most of them violent. Practically over five years prior, Diane Holik was fiercely killed in her own Home in Austin, Texas, by Patrick Anthony Tony Russo. Id. When offered, appellant's counsel responded: Subject to the previous rulings of the court, your Honor. The rulings were not identified, and the exhibit was admitted into evidence. Some DNA evidence found on a green towel in Holik's home also pointed to Russo. The defense closed with the State at this stage of the trial without offering evidence. In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. 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. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". Cranford thought the drawing bore a very good resemblance to appellant. The State offered and did eliminate certain parts of the testimony of Melody Blount and Tammy Tayman. King v. State, 29 S.W.3d 556, 562 (Tex.Crim.App.2000); Rodriguez v. State, 939 S.W.2d 211, 218 (Tex.App.-Austin 1997, no pet.). See Tex.R.App. Her daughter awakened and screamed. Anthony Russo. Akia Eggleston went missing in Baltimore, Maryland in May of 2017. So when no one could get in touch with Diane Holik, everyone believed that the lines were down. Though the death case murder is still a mystery. The first part of the fifth point of error is overruled. Id. In a search for tangible documents, it is certain that some innocuous documents will be examined, at least cursorily, in order to determine whether they are, in fact, among those papers authorized to be searched. One of the principles of a factual sufficiency analysis is deference to the findings of the jury. doorstep of patrick russo, a man matching the description of the mysterious stranger seen in diane holi k's neighborhood the day of the murder. 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. On November 16, 2001, Diane missed her plan for getting work done; every last bit of her partners couldnt contact her; from that point onward, they asked the police for a check. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Appellant seeks to distinguish Bachhofer on the basis that the instant case did not include any criminal act by appellant during the encounters. 404(b). Brazoria Countys 33 newest Christian ministers arent your typical men of God. 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. The person will play out the fantasies, searching out potential victims. Consequently, he additionally said that he was elsewhere at the hour of the homicide, yet his phone records set him close to Diane Holiks home region. Rector explained that the only way to do that was to recover the entire Internet history and go through that basically by hand, look at it to see what is real estate and what is not. Detective Rector reviewed the temporary Internet files and the index.dat files to determine the computer's Internet history. 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. The testimony presented before the jury showed that Holik planned and had the intent to meet the man who just left the following Saturday. Patrick Anthony. 404(b). Find Patrick Russo's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. But the married, part-time worship leader had just $1,796.19 in the bankat the time of Holiks murder. Current counsel makes no belated request for the record. 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. If error was preserved, it was during pretrial hearings. 2.01 (West 2003); Ward v. State, 143 S.W.3d 271, 274 (Tex.App.-Waco 2004, pet. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. 75 Miss. Deem noted that it was common practice to manually open picture files because text (such as chat sessions) could be found in JPG files. ref'd). 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. Diane Holik, Patrick Anthony Russo: 'Dateline NBC'-'Erotic Horror 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. Dr. Coons explained that a sexual sadist is sexually stimulated with a fantasy life and becomes obsessive. Whitmire said that to bring such a program to Texas is a miracle.. Moreover, objections based on remoteness go to the weight rather than the admissibility of the evidence. Karena Rosario, Faith Hedgepeths Roommate: 5 Fast Facts You Need to Know, Monsters Among Us: Patrick Anthony Russo http://t.co/g0QBNPm7ut via @mylifeofcrime, Vonne Monai (@VonneMonai) April 9, 2013. He was able to view for free the introductory screens, photographs and stories pertaining to the death of women by strangulation. While systematically opening all user-created files, [the computer analyst] opened one that contained images that he considered child pornography. See Tex.R. Keith examines the 2001 murder of Diane Holik tomorrow. She had been tied up and strangled, an autopsy report confirmed. 20. Holik's body was found face down on the floor in an upstairs guest bedroom. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. 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. The car plates were traced back to 38-year-old Tony Russo, aka Patrick Anthony Russo, a church worker and music director with a rap sheet dating back to the 1990s. Nethery, 692 S.W.2d at 706; Thompson, 59 S.W.3d at 808. Matamoros v. State, 901 S.W.2d 470, 474 (Tex.Crim.App.1995); Brewer v. State, 126 S.W.3d 295, 297 (Tex.App.-Beaumont 2004, 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. (internal quotation marks omitted). 1. Tex.R. One resident, Melody Blount, was convinced that Russo was the killer once she heard about Holiks murder. Some of these exhibits were introduced into evidence. Dilon Bruington, Jenna Cooper-Jackson this weeks Plainview Herald Plainview teen preparing to take Houston Rodeo entertainment stage with Council approves items regarding construction on Highway 194, Plainview ISD changes disciplinary measures for various offenses, Boys region one semifinal results/ region final gametimes. Events do not occur in a vacuum. 2. 404(b).20 The trial court gave limiting instructions to the jury that are not the basis of the complaints here. 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. 401.Rule 402provides:All relevant evidence is admissible, except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority. Tony Russo Wiki. We cant say their name. She was excited about the real possibility of selling her home. He returned on November 5, 2001, at the same time. If appellant preserved error for review, it is based on these pretrial rulings under the unique circumstances described.