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>> 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 404(b).10 No error was preserved on this basis. https://www.facebook.com/datelinenbc/videos/10154415533046420/, Church Leader Had Subscription To Death Porn Site. at 984-85. The seventh point of error is overruled. L.J. The rationale for the present sense impression exception to the hearsay rule is that (1) the report at the moment of the thing then seen or heard is safe from any error from defect of memory of the declarant, and (2) there is little or no time for a calculated misstatement. Appellant worked at the New Life In Christ Church in Bastrop. 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. Cranford told him that she did not use it during the day. It was November 15, 2001, when a massive storm of heavy floods and rain deluged Austin, Texas. In 2004, he was sentenced to life in prison. Appellant does not complain of the admission of all the evidence taken from his computer. He qualified as an expert witness for the State. Holik's body was found face down on the floor in an upstairs guest bedroom. Dianes wrists also showed marks consistent with being bound with zip ties. Love #Dateline? 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. 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. Appellant's hearsay objection was overruled. Only unfair prejudice as set forth in Rule 403 provides a basis for excluding relevant evidence. Copyright 2023, Thomson Reuters. Cynthia Barajas, a coworker from California, testified that she contacted Holik by telephone about 12:30 p.m., Austin time, on November 15, 2001. The medical examiner estimated that Diane died between 3 PM on November 15 and 3 AM on November 16. Rule 401 provides:Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without evidence.Tex.R. They had weekly telephone conferences about their team work concerning IBM employees every Thursday morning about 10:30 a.m., central time (in Austin). He stopped opening picture files and obtained a second search warrant that allowed him to specifically search for child pornography. Go ahead and find out with this little quiz https://t.co/Lkr0bKeh6f, Dateline NBC (@DatelineNBC) September 23, 2016. See Conner, 67 S.W.3d at 197. We begin with State's Exhibit 19. Alvarado, 912 S.W.2d at 207. Cranford opened the front door to prevent the bell from awaking the children. How much? On the morning of November 16, 2001, Diane missed a scheduled work call. (upholding admission under Rule 803(3) of murder victim's statement that she wanted to leave defendant, but felt economically trapped); Norton v. State, 771 S.W.2d 160, 165-66 (Tex.App.-Texarkana 1989, pet. It does not appear that appellant obtained an adverse ruling necessary to preserve error, if any. Some 1,200 necrobabes.com related images were recovered.6. Russo appealed the capital murder conviction in 2007 but was denied. However the demise case murder is as yet a secret. 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. Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999) (quoting Montgomery, 810 S.W.2d at 389). Appellant said that some jewelry had been taken from the victim. 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. As appellant was leaving, he said his name was Tony, and he asked to take a colored real estate flyer from the table in the foyer. 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. 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. Id. After a keyword search of certain terms proved negative, Id. No rings were found on the body. Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary program at the Darrington Unit prison in Brazoria County. Fathers name is Not Available. There were no signs of forced entry, and the lower floor seemed normal. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. Appellant cites no authority to support his contentions. Russos claim for Grounds for Relief was denied. 217.113.62.75 Using this number, the police were able to identify appellant as the man they were seeking. Diane Holik was excited to enter a new phase in her life after getting engaged. Family members of inmates who are students in the Southwestern Baptist Theological Seminary program were inspired during the May 9, 2015, commencement ceremony. https://www.youtube.com/watch?v=tLA35iwLLBA. Investigation Discoverys Six Degrees of Murder: Ties That Bind chronicles the work that went into catching Dianes killer. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon timely request by the accused in a criminal case, reasonable notice is given in advance of trial of intent to introduce in the State's case-in-chief such evidence other than that arising in the same transaction.Tex.R. In a subsequent search of Russo's home on June 18, 2003, done with a warrant, police seized a personal computer. 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. Many of them reported that on November 15, a man came by wanting to purchase their property. During the course of their investigation, the police learned that, on November 15, 2001, some Great Hills residents, who had for sale signs in the front of their houses, had been approached by a man who claimed to be interested in buying their homes. Diane was face down and had ligature marks around her all-over neck according to the source. Show us with your support. Salazar v. State, 38 S.W.3d 141, 153-54 (Tex.Crim.App.2001). 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. He has appealed his case, but the Texas Court of Appeals rejected his argument and kept his sentence intact. A composite drawing of the man was prepared by an artist with directions from one of the homeowners. For the same reason we did not reach the second point of error, we do not reach the fourth point claiming factual insufficiency to show murder in the course of a kidnapping. 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. See Camarillo v. State, 82 S.W.3d 529, 537 (Tex.App.-Austin 2002, no. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. 401 & 403.9. Many neighbors and family members detailed that a man came on November 15 needing to buy their property. JPG, also known as JPEG files, contain images. Patrick Russo in Texas. Graduate Lloyd E. Gregg sings a hymn during the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. The file in question was not seized or opened. Ann. Five of these witnesses were Great Hills residents who were approached at their homes on the day of the murder. 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. Dr. Richard Coons, a psychiatrist and an attorney, testified concerning his training in human sexuality. Thus, there was no probative evidence of an intent to rob. 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. At some point, Rector was able to parse the Internet history relating to "Necrobabes.com" and determine the dates and times on which the computer had accessed the "Necrobabes.com" Web site on the Internet. Tonight, Dateline will be investigating the murder of Holik, which was committed by a man named Patrick Russo. The demise case murder remains a mystery. Cranford left the room and appellant stayed behind. 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. This website is using a security service to protect itself from online attacks. Any such contention is inadequately briefed. Matson v. State, 819 S.W.2d 839, 846 (Tex.Crim.App.1991); Roberson v. State, 16 S.W.3d 156, 165 (Tex.App.-Austin 2000, pet. During the conversation Holik panicked when she realized that she did not have her expensive engagement ring on her hand. People named Patrick Anthony. 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. A canvas of the neighborhood also revealed that the same man had knocked on the doors of other neighbors who had For Sale signs in the yard. The court rejected the defendant's argument of exploratory rummaging, Id. With Schwalebert's permission, Detective Rector, on a lab computer, went on the Internet to the paid portion of necrobabes.com and downloaded all the photographs and stories that appellant had viewed on the Web site, as reflected by the Internet history of his computer. 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. Choate allowed him to see the inside of the house. 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. 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. Although appellant used the phrase extraneous conduct evidence in the point of error, there was no objection on the basis of Rule 404(b). A look at the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. 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. Appellant's record references are to a pretrial hearing and to a point at the trial on the merits where the trial court overruled the scope of the search objection. 8. Barajas then stated, [S]he came back, she picked up the phone and she said, they are back on. Barajas estimated that her conversation with Holik concluded about 1:30 p.m. that afternoon. P. 33.1(a). ref'd)). Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). Moreover, objections based on remoteness go to the weight rather than the admissibility of the evidence. The body was fully clothed and there was no evidence of a sexual assault. Wyatt v. State, 23 S.W.3d 18, 30 (Tex.Crim.App.2000). No such necklace was found. Brewer is not applicable in light of the facts here. The Texas Court of Appeals rejected those arguments and left his sentence intact. the nissan rogue, murano and pathfinder. Appellant's DNA could not be excluded from four of nine loci considered by Mills. He was indicted in May 2002. 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. Almost more than five years ago Diane Holik was brutally murdered in her own Home in Austin Texas by Patrick Anthony "Tony Russo". Click here to read about the details of Russos search warrant. 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. 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. Evid. Her life partner, in the wake of getting educated, immediately precluded the spot. We need not repeat the applicable authorities cited in our discussion under the fifth point of error. This weekend, Holiks story will be highlighted on an episode of Dateline NBC. She saw a gold or champagne-colored minivan pull up to the for sale sign in the yard. 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. Brown, 552 F.Supp. 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). 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. Lucien Joseph Parker, Tommy Quinones, and Raymond Ramirez, members of the prison seminary's first graduating class, line up inside the Darrington prison chapel to receive their diplomas. We need not recite all the facts and circumstances demonstrating the lack of remoteness. at 1270. 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. On November 15, 2001, IBM supervisor Diane Holik was found strangled in her bedroom. Her daughter awakened and screamed. At the hearing, no objections were addressed to the testimony offered. To join the program, the prisoners must be at least 10 years away from eligibility for parole. They worked as a team in managing new college hires for IBM. Evidence which is not relevant is inadmissible.Tex.R. 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. By James Wray. While systematically opening all user-created files, [the computer analyst] opened one that contained images that he considered child pornography. This is true, but the hypothetical scenario propounded by the State to Dr. Coons did not include any reference to robbery. There is, however, no legal requirement that property stolen must be recovered in whole or in part to constitute the offense of robbery. Disciplinary infractions dropped about 17 percent between 2011 and 2014, while instances of contraband plummeted nearly 72 percent, according to agency data. Appellant advances eight points of error. 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. Susan Fox reported that appellant said that he had shaved off his goatee and had removed the pin-striping from his van, and that these actions might look suspicious to the police. The fianc and coworker were excluded, but Mills could not exclude DNA samples from the victim or appellant on the swab. Before his arrest, Russo worked as a worship leader and music director at New Life In Christ Church in Bastrop, Texas. Appellant's DNA was also found on Holik's green bath towel that was discovered in the living room. The essence of appellant's complaint is that the police exceeded the scope of the search under the June 18 warrant when the police used information that they learned from the computer's Internet history to discover private information on appellant's computer. On appeal, appellant simply states: [A]ppellant's objections and argument are located at R. Vol. See United States v. Mitchell, 145 F.3d 572, 576 (3d Cir.1998); accord United States v. Ruiz, 249 F.3d 643, 646 (7th Cir.2001). Teena Fountain, an IBM coworker from Oak Park, Illinois, testified that on the morning of November 16, 2001, she was contacted by coworkers, Diane Kapcar of Dallas and Cynthia Barajas of Los Angeles, California, who reported that Holik had missed a scheduled meeting, and that they had been unable to contact her by any available means. Barajas testified that she warned Holik not to let strangers in her home when she was alone. He was able to view for free the introductory screens, photographs and stories pertaining to the death of women by strangulation. Almost any relevant evidence offered by one party is going to be prejudicial to the opposing party. After being let into the house by a neighbor, the police found a fully clothed body in an upstairs bedroom. 221 F.3d at 1147. 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. A reviewing court may, however, disagree with the result to prevent a manifest injustice. In capital murder offenses committed during the course of a robbery, see Tex. The police never mentioned, however, that Holik's jewelry was missing. Man gets life in prison for strangulation, Several assaults, thefts reported in latest crime activity. later found to only have had $1,796 in it at the time. Whether to admit an out-of-court statement under an exception to the hearsay rule is committed to the trial court's discretion. This information was given to the police after November 15, 2001. Appellant was shown to have visited the homes of Thoom Zech and Lisa Faulkner twice on November 15, 2006, as he may have done at the victim's home. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. 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. Akia Eggleston went missing in Baltimore, Maryland in May of 2017. Richard will be eligible for parole in 2044. he was in diane's area the day she was killed. The officials had shown up at Dianes home, who was tracked down dead on the main floor in one of the rooms. 103(a)(1). 2.01 (West 2003); Ward v. State, 143 S.W.3d 271, 274 (Tex.App.-Waco 2004, pet. The State may prove its entire case by circumstantial evidence alone if it proves all the elements of the charged offense beyond a reasonable doubt. Excerpts from the Texas Court of Appeals' opinion dealing with the search warrant: Inadmissible hearsay admitted without objection shall not be denied probative value merely because it is hearsay. 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. This is true because a review of the factual sufficiency of the evidence begins with the presumption that the evidence supporting the judgment of conviction is legally sufficient. 2023 Cinemaholic Inc. All rights reserved. She described appellant as opening the closet door and then dropping his arms to his side and just standing there without saying anything. pet.). Bustamante v. State, 106 S.W.3d 738, 740 (Tex.Crim.App.2003); Maldonado, 998 S.W.2d at 243. See Tex.R.App. at 224. 1801, 114 L.Ed.2d 297 (1991). Akia Eggleston went missing in Baltimore, Maryland in May of 2017. In Brown, a maintenance worker at an apartment building was convicted of murdering a tenant's live-in girlfriend, Shelby Weinstein. After reviewing Carey, Walser, Gray, and other authorities, the Rosa court wrote: We agree with the reasoning of these cases. He left the black-and-white flyer behind. Appellant did not return the next day. Her nineteen-month-old son was in the master bedroom and her three-month-old daughter was in the nursery. At least two homeowners testified that the man came to their houses twice on November 15, 2001, in the Great Hills subdivision. Keith Morrison. Do you value our journalism? In Cooper v. State, 67 S.W.3d 221 (Tex.Crim.App.2002), the Court in reaching its decision revisited its earlier opinion in Nelson v. State, 848 S.W.2d 126 (Tex.Crim.App.1992), and McGee v. State, 774 S.W.2d 229, 234 (Tex.Crim.App.1989), and reconciled these holdings. 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. Montgomery, 810 S.W.2d at 389; DeLeon v. State, 77 S.W.3d 300, 315 (Tex.App.-Austin 2001, pet. The sentence was returned Friday. 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. at 680; see also Saldivar v. State, 980 S.W.2d 475, 495 (Tex.App.-Houston [14th Dist.] Copyright 2023 The Inquisitr. According to the records, Tony Russo made some long-memories criminal history; he was captured on different occasions for attacking ladies. Anthony Russo. Sept. 24, 2016 Best of NBC News Play All NBC News Channel Three climbers killed in. She opened the front door for them. 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. He claims that the fact that Holik's undisturbed purse was found in her car in the garage dispels any notion of a robbery at the scene. The house was listed with a realtor for $435,000, and there was a for sale sign in the front yard. If this was an objection, it was not included in the written objections. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. his Girlfriend/boyfriends name is Not Available. In re Winship, 397 U.S. 358, 364, 90 S.Ct. Works at Con Edison. The sixth ground of error is overruled. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. When her colleagues werent able to reach her, they asked the police for a welfare check. He seemed to fit the bill of their suspect. He was not permitted entry and rejected statements suggesting that he contact his realtor. She was excited about the real possibility of selling her home. 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. In the instant case, appellant challenges only the legal sufficiency of the evidence to establish the underlying offense of robbery. He then expanded it to include Russo's search history, and a prosecutor noticed references to Necrobabes.com. 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. See Tex.R. or. 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. Susan Fox, the pastor's wife, testified about the same conversation. Now, the police had to figure out who visited Diane in that period. The essence of appellant's complaint is that the police exceeded the scope of the search under the June 18 warrant when the police "used" information that they learned from the computer's Internet history to "discover private information on appellant's computer.". A Bastrop area telephone service representative testified about cell phones registered to appellant and his wife. 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. Maldonado v. State, 998 S.W.2d 239, 243 (Tex.Crim.App.1999). Cranford put her Great Dane dog in the study. The court further found that even though there may have been less invasive ways of conducting the search, the resolution of the suppression issue does not turn on whether [the officer] conducted the most technically advanced search possible, but on whether the search was reasonable. Gray, 78 F.Supp.2d at 529 n. 8. On occasion Hebner's wife took care of Holik's dogs. Proximity in time and place may be a factor, but it must be considered along with other facts and circumstances. Holik's realtor and neighbor, Lakki Brown, saw the police officers. 2737, 49 L.Ed.2d 627 (1976). Also, we have no idea about his brother and sister, and we dont know their names either. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Though the death case murder is still a mystery. We cant say their name. 4. Dateline has featured Holik's story of his demise. 11. There was no sign of a sexual assault. patrick russo: 'dateline. Remember that, Austin? See Tex.R. Cranford thought the drawing bore a very good resemblance to appellant. Holiks demise story has been featured on the scene of Dateline. 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. Powered by. This led the police to Patrick Anthony Russo. We overrule the third point of error. Appellant Patrick Anthony Russo appeals his conviction for capital murder. Appellant told her that he would pay cash, that he had just sold a ranch, and that he needed to buy quickly. Here's another look at the commencement ceremony for the first graduating class of the Southwestern Baptist Theological Seminary program inside the Darrington Unit. Cranford had just gotten her children down for a nap. These offenders will have an exponential impact.. The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin, Texas when a man posing as a potential buyer strangled her to death in her house. 202, 355 S.E.2d 897, 899 (Va.App.1987) and United States v. Ross, 456 U.S. 798, 820, 102 S.Ct. 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. Moreover, there is no Fourth Amendment protection against the disclosure of subscriber information by Internet service providers. Thomas K. Clancy, The Fourth Amendment Aspects of Computer Searches and Seizures: A Perspective and a Primer. Here, Holik's statement to Barajas over the telephone that This guy just left was contemporaneous with the event it described or certainly it could be inferred circumstantially. The prosecutor noted that the Internet history made reference to a "Necrobabes.com. Appellant argues that the evidence held appellant up to public ridicule and shame and had little effect upon a fact of consequence. Calls to Akia went . Evid. Tune in this Friday, September 23, at 9/8 p.m. Central on NBC. A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. But we are sure that it is not available and his spouses name is not available.