The Web site was accessed or visited by appellant's computer in the month prior to the victim's murder, including on November 13, 2001, two days before the offense occurred. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. It was November 15, 2001, when a massive storm of heavy floods and rain deluged Austin, Texas. Keith Morrison. No zip ties were found on the body or in the house. 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. He urges that the execution of the search of the computer's contents exceeded its scope with the search of a computer file relating to necrobabes.com. It is argued that the search should have been limited to the computer's contents involving real estate as authorized by the search warrant of June 18, 2003. Evid. JPG, also known as JPEG files, contain images. 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). This exhibit is not before us for consideration of its relevancy. Anthony Russo. Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999) (quoting Montgomery, 810 S.W.2d at 389). Powered by WordPress.com VIP. 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. The first point of error is overruled. There was no sign of a sexual assault.. We conclude that the general rule stated in Cooper is applicable capital murder cases where the offense was committed in the course of a robbery.7. A chapel inside the Darrington Unit, where inmates can participate in the Southwestern Baptist Theological Seminary program to become Christian ministers. After being let into the house by a neighbor, the police found a fully clothed body in an upstairs bedroom. ref'd). 193, 226 n. 100 (Fall 2005) (citing in the following order: Guest v. Leis, 255 F.3d 325, 336 (6th Cir.2001) (noting that computer users do not have a legitimate expectation of privacy in their subscriber information because they have conveyed it to another person-the system operator); United States v. Cox, 190 F.Supp.2d 330, 332 (N.D.N.Y.2002) (holding that there is no reasonable expectation of privacy in subscriber information provided to Internet service provider); United States v. Kennedy, 81 F.Supp.2d 1103, 1110 (D.Kan.2000) (no reasonable expectation of privacy in subscriber information); United States v. Hambrick, 55 F.Supp.2d 504, 507-09 (W.D.Va.1999) (individual has no reasonable expectation of privacy in his name, address, social security number, credit card number, screen name, and proof of Internet connection obtained from Internet service provider); State v. Evers, 175 N.J. 355, 815 A.2d 432, 440-41 (N.J.2003) (person had no standing to challenge warrant that obtained his subscriber information from Internet service provider); Hause v. Commonwealth, 83 S.W.3d 1, 10-12 (Ky.App.2001) (no standing for subscriber to challenge warrant that obtained his name, address, and screen name from Internet service provider); United States v. Ohnesorge, 60 M.J. 946, 949-50 (U.S. Navy-Marine Ct.Crim.App.2005) (no reasonable expectation of privacy in subscriber information given to Internet service provider)). The body was fully clothed and there was no evidence of a sexual assault. Akia Eggleston. 404(b). The sixth ground of error is overruled. 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). 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. ref'd). 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. 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. To establish the murder portion of the charged offense, the State must prove beyond a reasonable doubt that the defendant intentionally or knowingly caused the death of an individual as charged in the indictment. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. Some 1,200 necrobabes.com related images were recovered.6. Later, Cranford described the incident to a friend, who subsequently called her and asked her to look at a composite drawing in the newspaper and the accompanying story. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Were [the computer analyst] to limit his search to files whose names suggest the type of evidence he seeks, it would be all too easy for defendants to hide computer evidence: Name your porn file 1986 tax return and no one can open it. 9, 4-5, 75, 81 [pretrial]; R. Vol. 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. Several of the Internet pages related to the realtors who testified at trial. They then released him. Evid. Evid. The statement met all the requisites as described in Brown. Rule 803 in part provides: The following are not excluded by the hearsay rule, even if the declarant is available as witness: (1)Present Sense Impression. Cranford left and let the dog out of the study because she was uncomfortable. 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). He was not permitted entry and rejected statements suggesting that he contact his realtor. 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. See Photos. 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. 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. 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. The legal sufficiency of the evidence under the Jackson standard is a question of law. On November 17, 2001, there was a church staff meeting. Diane Holik listed her Austin, TX home for sale in 2001 and eagerly awaited a buyer, but found something far worse: a fetisher. 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). Diane was a New York native who moved around the country a lot, thanks to her work. According to. Russo was once arrested for burglary and the kidnapping of a woman. All of his appeals have been denied. Wyatt v. State, 23 S.W.3d 18, 23 n. 5 (Tex.Crim.App.2000). He left the black-and-white flyer behind. The scene covering the Texas Killing is "After the Storm". ref'd). 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. We need not reiterate the evidence. There were no positive hits on these terms. Id. Appellant was released after 8:00 a.m. on November 21, 2001. The verdict may not be overturned unless it is irrational or unsupported by proof beyond a reasonable doubt. Police tracked Russo down after they caught wind of a man who claimed to be a potential buyer for multiple homes in the Austin area. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()), Who is Kim Pauckner? In his written pretrial objections, appellant did not address the witnesses' testimony about their encounters with appellant or his conduct, but orally urged that their individual testimony about their various emotions, feelings, or actions during or after the encounters, even if relevant, were inadmissible because the probative value was substantially outweighed by the danger of unfair prejudice. Id. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning "Necrobabes.com.". We must remain cognizant of the fact-finder's role. One of the principles of a factual sufficiency analysis is deference to the findings of the jury. 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.). P. 33.1. She saw a gold or champagne-colored minivan pull up to the for sale sign in the yard. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. at 1351; see also Franklin v. State, 858 S.W.2d 537, 543-44 (Tex.App.-Beaumont 1993, no pet.). 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. https://www.facebook.com/sheyman/posts/10154140006251645?match=ZGlhbmUgaG9saWs%3D. McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). 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. The trial court also overruled appellate's separate hearsay objection to Barajas's testimony about Holik's plan or intention to meet the man on the weekend. 12. Later, he parsed out of that history the part associated with necrobabes.com detailing appellant's activity with it. Russo, a part-time music minister, pretended he was interested in purchasing Holik's home, and claimed that he could buy the $450,000 house in cash, even though his bank account was later found. Its going to give hope to inmates who didnt have hope before. Dateline NBC : WTMJ : September 23, 2016 8:00pm-10:00pm CDT : Free This inference is not negated by evidence of an alternative motive that a jury could rationally disregard. 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. The evidence shows that appellant and his wife had a $199,000 mortgage on their trailer home in Bastrop.4. At a time when newsroom resources and revenue across the country are declining, The Texas Tribune remains committed to sustaining our mission: creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. Deem noted that it was common practice to manually open picture files because text (such as chat sessions) could be found in JPG files. 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. Do you value our journalism? later found to only have had $1,796 in it at the time. See Santellan, 939 S.W.2d at 168; Harrell v. State, 884 S.W.2d 154, 161 n. 14 (Tex.Crim.App.1994). Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. 401, 402, 403. He said that he was a music minister at a church in Bastrop County, Texas. 7. Holik's wrist bore indentations showing discernible redness, indicating that her heart was still beating when the wrists were bound. 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). The standard of review is the same for both direct and circumstantial evidence. Dateline : MSNBCW : September 27, 2020 11:00pm-1:00am PDT : Free Borrow She was eager to sell her Austin home. Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts - Heavy.com 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. The doctor testified that in his opinion, the hypothetical scenario strongly suggests that the defendant in the scenario sought sexual gratification through ligature strangulation. Wyatt v. State, 23 S.W.3d 18, 30 (Tex.Crim.App.2000). Some have been convicted of murder, and those who arent murderers are locked away for other serious crimes most of them violent. Your IP: Log In. The Gray court rejected the defense argument that it was unreasonable for the special agent to view the JPG files. at 528. by Marjorie Kamys Cotera and Jim Malewitz The basis of this latter ruling was the state of mind exception to the hearsay rule. Appellant advances eight points of error. . Appellant received approximately $50.00 a week for his work at the church. Itll improve safety for correction officers, state Sen. John Whitmire, D-Houston, said Thursday at a press conference touting the program. If this was an objection, it was not included in the written objections. We have no more Information about his Father; we will try to collect information and update soon. 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. Appellant has not identified any reason why a danger of unfair prejudice exists in relation to the various testimony of the thirteen female homeowners and realtors of which he complains. or. ref'd). This weekend, Holiks story will be highlighted on an episode of Dateline NBC. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. Barajas related that Holik gave an explanation for why she was late. There were no positive hits on these terms. The 43-year-old worked for IBM as an executive, ultimately settling in Austin in 1996. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. Her fiance, who was in Houston, was quickly ruled out. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. The manager of the KNLE station, Sherland Priest, testified that because of the approaching storm, all employees were in the lobby with the doors open because of expected high winds on the afternoon of November 15, 2001. He was able to view information about the payment of fees and the purchase of a membership on the Web site. the nissan rogue, murano and pathfinder. Cathy Vance, a forensic analyst with the white collar crime unit in the district attorney's office, analyzed appellant's financial records. He has appealed his case, but the Texas Court of Appeals rejected his argument and kept his sentence intact. 2. Cloudflare Ray ID: 7a2ab1842cc41cc8 When her colleagues werent able to reach her, they asked the police for a welfare check. Dateline NBC Turns 25 and Keith Morrison Explains Why the Show Has Endured https://t.co/FhRg1Pcx4w pic.twitter.com/GknSYaZil8, Parade Mag (@ParadeMagazine) September 23, 2016. 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. 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. One resident, Melody Blount, was convinced that Russo was the killer once she heard about Holiks murder. 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. It was shown at trial that she wore the charm on a necklace. 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. See Rabbani v. State, 847 S.W.2d 555, 560 (Tex.Crim.App.1992); Anderson v. State, 15 S.W.3d 177, 183 (Tex.App.-Texarkana 2000, no pet.). Her testimony demonstrated that appellant and his wife had more than $40,000 in available monies in 1999, but that at the time of the offense, they had approximately $1,796.19. Questions, as here, of when testimony becomes too remote and, therefore, irrelevant are left to the sole discretion of the trial court. Appellant did not return the next day. 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. The warrant was executed. Each membership was paid with a credit card traced to appellant. Datelines After the Storm will include interviews with friends and family members of Diane Holik and Travis County investigators. Penal Code Ann. Dr. Coons was presented with a hypothetical scenario based on the evidence admitted at trial (except evidence of robbery). Another search warrant was issued on November 18, 2003, expressly authorizing the search of the necrobabes.com computer file. 3. 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. She had planned to sell the home, get married and move to Houston. Brown, 552 F.Supp. She was in daily and weekly contact with certain IBM coworkers across the country in the same supervisory field. 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. Investigators initially believed Holik, who was 43 at the time of her death, had committed suicide, but after further review realized she was murdered. Patrick Russo was charged in her murder,. 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). A state jury subsequently found him guilty of capital murder, and he was given a life sentence. 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 A state jury found Russo guilty of capital murder, and he was given a life sentence. Id. Wiki, Biography, Age, Spouse, Net Worth, Fast Facts, Who is Nane Avetisyan? Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. 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. Posted By : / yamaha fg series history / Under : . * Gary A. Taylor, Law Offices of Gary Taylor, M. Ariel Payan, Austin, for appellant. A person who is observing or experiencing something may explain or describe it to someone else over the telephone. We have no information about his girlfriend/boyfriend. 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. Her nineteen-month-old son was in the master bedroom and her three-month-old daughter was in the nursery. In searching the computer's hard drive for evidence of drug trafficking, the officer opened a Microsoft Word folder, and this opened a second file in the folder, an AVI file that contained a video of child pornography. But we are sure that it is not available and his spouses name is not available. Proximity in time and place may be a factor, but it must be considered along with other facts and circumstances. 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 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.). 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. 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. ref'd). Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site. 1068, 25 L.Ed.2d 368 (1970); Fisher v. State, 851 S.W.2d 298, 302 (Tex.Crim.App.1993); see also Tex. Dateline NBC S25. If, based on all the evidence, a reasonably minded jury must necessarily entertain a reasonable doubt of the defendant's guilt, due process requires that we reverse and order a judgment of acquittal. Fisher, 851 S.W.2d at 302 (quoting Narvaiz v. State, 840 S.W.2d 415, 423 (Tex.Crim.App.1992)); see also Guevara v. State, 152 S.W.3d 45, 49 (Tex.Crim.App.2004). Appellant told the detectives that he became lost during the storm in a residential area of Austin. They were engaged within two months of knowing each other. 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. He said that he would set up an appointment for his wife to see the house on the weekend. Careful detective work, along with the help of many women who also encountered the mystery man, solves the case. Appellant's known fingerprints matched the prints on the black-and-white flyer and prints on the flyer box in Tammy Cranford's yard. ref'd), Torres v. State, 794 S.W.2d 596, 599-600 (Tex.App.-Austin 1990, no pet.)). The trial court had not read the written objections and deferred any ruling at that time. Rosa, 628 S.E.2d at 95 (quoting Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Russo is currently serving a life-sentence for the murder of Diane Holik. In this point of error, appellant does not claim that he was not identified, by direct or circumstantial evidence, as the individual involved in the encounters with the female homeowners or realtors. 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. He stopped opening picture files and obtained a second search warrant that allowed him to specifically search for child pornography. A man convicted of strangling an Austin woman after entering her home by posing as a potential buyer has been sentenced to life in prison. Lived In Lake Jackson TX, Clute TX. 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." Also, we have no information about his son and daughter. 19.03(a)(2) (West Supp.2006).1 A jury found appellant guilty of capital murder. Calls to Akia went . The jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. 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. He also objected to excerpts from the testimony of certain other witnesses under Rule 403. Johna Ramirez, who lived in the Upland subdivision of Austin, identified appellant as the man who came to her house, which was for sale, on May 15 and November 5, 2001, both times just after her husband left for work. Patrick Russo in Texas. 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. Appellant does not brief or present argument or authority in support of any contention that the allegations of murder are not supported by the evidence. Though the death case murder is still a mystery. Id. at 984-85. Patrick Anthony. Russo appealed the capital murder conviction in 2007 but was denied. 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. And, with the engagement ring aside, appellant questions the credibility of the testimony concerning the other missing jewelry. 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. Practically over five years prior, Diane Holik was fiercely killed in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". Appellant complains that the jury was presented with information about his membership in the necrobabes.com Web site and substantial and prejudicial images and stories of asphyxiation that had been viewed on his computer. 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. During their subsequent investigation, police learned that a man claiming to be a prospective home buyer had contacted Austin residents who had "For Sale" signs in front of their homes. A homeowner from another subdivision saw the drawing in the newspaper and called the police. Brazoria Countys 33 newest Christian ministers arent your typical men of God. Evid. Patrick Anthony Advocate & Principal Partner at Honeste Vivere Attorneys Ilala Honeste Vivere Attorneys, +2 more Law school of Tanzania, +2 more PATRICK ANTHONY 3 TIMES NATIONAL AWARD. At least two homeowners testified that the man came to their houses twice on November 15, 2001, in the Great Hills subdivision. In a legal sufficiency review of the evidence, the jury's inference of intent is afforded greater deference than evidence supporting proof of conduct. Anthony Russo. He was sentenced to life in a Texas prison. 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. See Tex.R.App. Texas Rules of Evidence 803 provides a number of exceptions to the hearsay rule, including the present sense impression and state of mind exceptions here involved. However the demise case murder is as yet a secret. 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. Appellant's DNA could not be excluded from four of nine loci considered by Mills. He became sweaty and very shaky, and there was a strange look in his eyes. Rector was able to download these introductory screens, and these exhibits were admitted into evidence. Declan McCullagh is the chief political correspondent for CNET. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). See Camarillo v. State, 82 S.W.3d 529, 537 (Tex.App.-Austin 2002, no. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). 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.