Family members of inmates who are students in the Southwestern Baptist Theological Seminary program were inspired during the May 9, 2015, commencement ceremony. 313, 508 A.2d 976, 985 (1986); State v. Flesher, 286 N.W.2d 215, 216 (Iowa 1979)). Appellant Patrick Anthony Russo appeals his conviction for capital murder. The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin, Texas when a man posingas a potential buyer strangled her to death in herhouse. He had given different names to them and said that he would pay in cash. The first part of the fifth point of error is overruled. Lang v. State, 698 S.W.2d 735, 736 (Tex.App.-El Paso 1985, no. Of the 185 total inmates enrolled in the program, about two-thirds have been convicted of homicide. Furthermore, a hair sample taken from a towel found at the scene and swabs from Dianes hand matched Patricks DNA. Detective Roy Rector, a forensic computer examiner with the Austin Police Department, first made a copy of the computer's hard drive, which is protocol for forensic computer examination. Appellant overlooks the fact that at no time did he advance any relevancy objection at trial as required. ref'd) (finding under Rule 803(3) that the trial court did not err in admitting into evidence the murder victim's prior statement that she was going to fire defendant, an employee); Pena v. State, 864 S.W.2d 147, 149-150 (Tex.App.-Waco 1993, no pet.) Investigators initially believed Holik, who was 43 at the time of her death, had committed suicide, but after further review realized she was murdered. Cranford told him that she did not use it during the day. In his related seventh point of error, appellant urges that the trial judge erred in admitting irrelevant and prejudicial extraneous evidence of the contents of appellant's computer. Appellant argues that the evidence was not relevant under Texas Rules of Evidence 401 and 402 and was more prejudicial than probative. During the murder investigation, authorities learned that a strange man with a van had stopped by Diane Holiks place to inquire about the sale of her home. See Tex. There was an extensive crime scene investigation at the victim's home. . There had been no interrogation along these lines. Dogs inside the house appeared to have left fecal matter on the carpet, indicating that they had been confined for some time. The trial court was careful to eliminate images of unrelated sexual activity and nudity, leaving only those images showing ligature and manual strangulation of women and other items pertinent to this circumstantial evidence case where a woman was strangled in her own home. State Sen. John Whitmire, Lt. Gov. 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. He looked at her and his demeanor seemed to change. 403. Although appellant used the phrase extraneous conduct evidence in the point of error, there was no objection on the basis of Rule 404(b). Performance & security by Cloudflare. Rector was able to download these introductory screens, and these exhibits were admitted into evidence. Evid. Alexander v. State, 740 S.W.2d 749, 758 (Tex.Crim.App.1987); Roberson, 16 S.W.3d at 164. Each membership was paid with a credit card traced to appellant. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. No such necklace was found. Appellant stated that the house was beautiful and that he was going to be selling a ranch and would be paying cash for a house. Cranford and appellant went to the son's bedroom. FACTUAL SUFFICIENCY-MURDER IN THE COURSE OF ROBBERY. See Tex.R.App. The scene that covers the Texas Killing is called "After the Storm". 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 Almost five years ago, Diane Holik was brutally murdered in her Austin, Texas home by Patrick Anthony "Tony Russo". 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. See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). Posted By : / yamaha fg series history / Under : . They are in relation from previous few years of a strong relationship. Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. The resulting exhibits were obtained from an independent source without any tinge of illegality17 and were admissible into evidence. 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. The realtors' telephone numbers appeared on appellant's phone bill. He began to pet the animal and the dog responded. Barajas, from Los Angeles, California, testified before the jury that she was an IBM coworker with Diane Holik. Holik's house had one in her front yard, too. This inference is not negated by evidence of an alternative motive that a jury could rationally disregard. We find no such motion or pretrial ruling thereon. What: A Texas church leader found guilty of strangling an Austin woman to death appeals his conviction. 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. >> do you remember ever talking to her? Its literally going to change the culture. Whether to admit an out-of-court statement under an exception to the hearsay rule is committed to the trial court's discretion. This makes sense, as the user is free to name a file anything. 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. Moreover, her wedding band and money diamond setters were absent from the house. 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. Conner, 67 S.W.3d at 197; Alvarado v. State, 912 S.W.2d 199, 207 (Tex.Crim.App.1995). Nethery v. State, 692 S.W.2d 686, 706 (Tex.Crim.App.1985); Stilwell v. State, 434 S.W.2d 861, 863 (Tex.Crim.App.1968); Thompson v. State, 59 S.W.3d 802, 808 (Tex.App.-Texarkana 2001, pet. Investigators say Tony Russo targeted expensive homes and pretended to be a home buyer to rob the victims. He even spent time in jail for choking a woman. 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. 217.113.62.75 Proximity in time and place may be a factor, but it must be considered along with other facts and circumstances. The officers arrived at Dianes home at around 5:30 PM the same day. 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. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. There were 1,200 images recovered. However the demise case murder is as yet a secret. Barajas knew about Holik's personal life, that Holik lived alone and worked from her home, that Holik had an upcoming marriage and wanted to sell her Austin home, and that Holik had Thanksgiving holiday plans with her fianc. Please try again. Rankin, 974 S.W.2d at 718. Maldonado, 998 S.W.2d at 243. The evidence indicates that Holik's dogs had been confined in the house for some time. Also known as Tony A Russo. 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. L.J. This exhibit is not before us for consideration of its relevancy. There was no sign of a sexual assault.. 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. We have the court reporter's affidavit stating that the penalty stage record is available, but that appellant's first appointed appellate counsel did not request the transcriptions of that portion of the record. 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. The email address cannot be subscribed. In capital murder offenses committed during the course of a robbery, see Tex. See Tex.R. >> but an odd coincidence. ref'd). Police also found that said man had identified himself differently to each homeowner. Keith examines the 2001 murder of Diane Holik tomorrow. Evid. 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. Keeping in mind that appellant does not challenge the legal sufficiency of the evidence to support the murder portion of the charged offense, we examine the challenged portion. However the demise case murder is as yet a secret. Proof of robbery committed as an afterthought and unrelated to the murder is not sufficient evidence of capital murder. In a subsequent search of Russo's home on June 18, 2003, done with a warrant, police seized a personal computer. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. P. 34.6. Though the death case murder is still a mystery. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. 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. 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. We have no information about his girlfriend/boyfriend. 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. patrick anthony russo datelinehow does khalil explain thug life. The sixth ground of error is overruled. Patrick Russo, 40, a part-time music minister, was. 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. 20. Using this number, the police were able to identify appellant as the man they were seeking. 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. Suddenly, appellant was close behind her in the room and still was not speaking. 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. 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. Moreover, about 5:00 p.m. on the afternoon of November 15, 2001, a van fitting the description of appellant's minivan was seen parked in front of Holik's house. 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." 5. Evid. Appellant has briefed points of error six and seven together, making it difficult to determine just which exhibits appellant complains of in point of error seven. See Photos. Marjorie Kamys Cotera Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary. Patrick had a long criminal history. 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. Some have been convicted of murder, and those who arent murderers are locked away for other serious crimes most of them violent. 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. 6. Here again, appellant does not contest the evidence supporting the murder conviction but claims only that the evidence is factually insufficient to show that the offense occurred in the course of a robbery. 2781, 61 L.Ed.2d 560 (1979); Sanders v. State, 119 S.W.3d 818, 820 (Tex.Crim.App.2003); Cardenas v. State, 30 S.W.3d 384, 389-90 (Tex.Crim.App.2000). Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. There are two ways in which a court may find the evidence to be factually insufficient: if the evidence supporting the verdict is so weak as to make the finding of guilt clearly wrong or manifestly unjust, or if the verdict is against the great weight and preponderance of the evidence. 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. Russo was a part-time music minister at a Bastrop church and the lead singer in a Christian band. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. Akia's family became alarmed when the 21-year-old failed to show up to her own baby shower on May 3. All rights reserved. The reliance is misplaced. Brewer is factually distinguishable from the instant case. Cynthia Barajas, a coworker from California, testified that she contacted Holik by telephone about 12:30 p.m., Austin time, on November 15, 2001. United States v. Carey, 172 F.3d 1268, 1271 (10th Cir.1999). 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). The search program permitted a search of the names and contents of the files. Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. Read More: How Did Andra and Brad Sachs Die? Events do not occur in a vacuum. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 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. Drichas v. State, 175 S.W.3d 795, 799 (Tex.Crim.App.2005); Clewis, 922 S.W.2d at 134. More than 136 such documents in the temporary Internet files folder were located. A search of his computer revealed his proclivity towards asphyxiation-type pornography. Appellant then asked several times when Cranford's husband would be home. 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. 1801, 114 L.Ed.2d 297 (1991). This is true even where the element of appropriation occurred after the murder. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning "Necrobabes.com.". The evidence shows that appellant and his wife had a $199,000 mortgage on their trailer home in Bastrop.4. The facts do not show that Detective Rector exceeded the scope of the search warrant of June 18 in violation of the Fourth Amendment. 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. Cardenas v. State, 115 S.W.3d at 62-63. Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing. On November 18, 2003, a second search warrant was issued, that authorized the search of the hard drive of appellant's 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., Joseph Schwaleberg, the record custodian of Generic Systems, a billing company that controlled access to the necrobabes.com Web site, testified that a Tony Russo with the same home and e-mail address as appellant purchased a six-month membership on July 21, 2001. He has appealed his case, but the Texas Court of Appeals rejected his argument and kept his sentence intact. On November 15, 2001, IBM supervisor Diane Holik was found strangled in her bedroom. 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. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. When Dr. Chakraborty considered the mitochondrial DNA, he decided that the coincidental chance of obtaining the same profile in this case is one in 12.9 million people. This court found no abuse of discretion in the admission, pointing out that the complained-of evidence was offered to show the victim's state of mind on July 10, some two weeks before her disappearance, as to her intent to continue her relationship with Fain. Id. He knew that Holik had been trying to sell her home. Cranford put her Great Dane dog in the study. Id. Appellant's hearsay objection was overruled. in charity morgan burger recipe. She was face down and had ligature marks around her neck. Dateline NBC S25. 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. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". In his sixth point of error, appellant contends that [t]he trial judge erred in failing to suppress evidence from the illegal search and seizure of the contents of appellant's computer. The point of error is broadly stated and based only on a claimed violation of the Fourth Amendment to the United States Constitution. Conner, 67 S.W.3d at 197; Alvarado, 912 S.W.2d at 207; Robertson v. State, 871 S.W.2d 701, 706 (Tex.Crim.App.1993); Key v. State, 151 S.W.3d 619, 621 (Tex.App.-Beaumont 2004, pet. Barajas warned Holik that she should not let strangers into her home when she was alone. Moreover, a lawful search extends to the entire area in which the object of the search may be found.. 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. See Photos. 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. Appellant's second and current appointed appellate counsel, in a letter to this Court, states that the first appellate counsel did not request the penalty stage record. If the computer erases the index, the file is still out there in the unallocated clusters until the computer reuses that space.. We have no more information about his spouse. Rector made an independent investigation. 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. The State was able to tie some of the viewings to the dates that appellant visited some of the female homeowners and realtors, in order to show intent and motive. Passwords were issued allowing entry to the said Web site as a result of the memberships. Some DNA evidence found on a green towel in Holik's home also pointed to Russo. A man convicted of murdering a woman in her upscale Austin, Texas, home tells his story for the first time. They worked as a team in managing new college hires for IBM. 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. 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. As per the show, he was arrested multiple times for assaulting women. 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. According to the pastor, Jim Fox, appellant stated that God had gotten his attention during the November 15 storm, and that it was a determining time in his life. Detective Roy Rector initially searched the computer using the Encase software for references to Holik and found none. They were engaged within two months of knowing each other. Log in or sign up for Facebook to connect with friends, family and people you know. 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. Though the death case murder is still a mystery. In the other part of this point of error, appellant claims that the trial court erred in its pretrial ruling concerning the admissibility of certain testimony of each of thirteen witnesses under Rule 403. 15. While the court stated that officers cannot simply conduct a sweeping, comprehensive search of a computer's hard drive because of the amount of private material potentially stored there, it found the search proper because the officers used a clear search methodology and obtained a second warrant as soon as they viewed images they believed fell outside the scope of the initial warrant. The facts of Carey are not the facts of the instant case. The instant offense occurred on November 15, 2001. Its going to give hope to inmates who didnt have hope before. 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. He then expanded it to include Russo's search history, and a prosecutor noticed references to Necrobabes.com. Patrick Anthony. 19.03(a)(2) (West Supp.2006). In his interview with the police, appellant asked them what motive he would have to kill Holik, a woman that he did not know. 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. 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. Eventually, she bought a home there and made a life for herself with a great circle of friends. Tex.R. Appellant inquired whether the dog would calm down if petted. 221 F.3d at 1147. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. Id. He was interviewed during the transport and at the station. About a week after the murder, Patrick was brought in for questioning. Russo was once arrested for burglary and the kidnapping of a woman. Appellant received approximately $50.00 a week for his work at the church. 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. Under all the circumstances, if error was properly preserved and presented, we conclude that the trial court did not abuse its discretion in overruling appellant's pretrial Rule 403 objections. Sept. 23, 2016. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. 2529, 101 L.Ed.2d 472 (1988); Crosby v. State, 750 S.W.2d 768, 780 (Tex.Crim.App.1988). Works at . Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. Id.19. Lives in Pacific Grove, California. Cathy Vance, a forensic analyst with the white collar crime unit in the district attorney's office, analyzed appellant's financial records. 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. at 527. pet.). coming up -- patrick russo seems an unlikely killer. Appellant cites Bachhofer v. State, 633 S.W.2d 869 (Tex.Crim.App.1982), for the proposition that extraneous offenses that are otherwise relevant are not too remote if they occurred within one year of the charged offense. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". The overwhelming evidence against him meant only one thing: a conviction. All Rights Reserved. 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. Do Not Sell or Share My Personal Information. 28.01 (West 2006). Appellant placed the black-and-white flyer on a table in the foyer. Tonight, Dateline will investigate the details of Holik's death. There is, however, no legal requirement that property stolen must be recovered in whole or in part to constitute the offense of robbery. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Appellant seeks to distinguish Bachhofer on the basis that the instant case did not include any criminal act by appellant during the encounters. 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. Graduates Vondre Demond Cash (from left) and Gary L. Everett smile at fellow graduate Troup Hubert Foster Jr., as he shows them his diploma. You can email the site owner to let them know you were blocked. The police officers also recovered a green towel found on a couch downstairs. 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. In the absence of the jury, the trial court conducted a hearing on Barajas's testimony and made its rulings. Keith Morrison. Go ahead and find out with this little quiz https://t.co/Lkr0bKeh6f, Dateline NBC (@DatelineNBC) September 23, 2016. 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. Offers may be subject to change without notice. There were no objections based on Rule 404(b) included in the written objections. McDonald v. State, 513 S.W.2d 44, 51-52 (Tex.Crim.App.1974), held that relevant evidence involving an extraneous offense one year earlier was not too remote. 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. Intent may be inferred from the acts, words, and conduct of the accused. 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. Itll improve safety for correction officers, state Sen. John Whitmire, D-Houston, said Thursday at a press conference touting the program.
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