diane holik house address

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). Sign Up. Appellant cites no authority to support his contentions. This information was given to the police after November 15, 2001. In Rosa v. Commonwealth, 48 Va.App. Patrick Anthony RUSSO, Appellant, v. The STATE of Texas, Appellee. A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. 401 & 403.9. Appellant told her that he would pay cash, that he had just sold a ranch, and that he needed to buy quickly. Later, he parsed out of that history the part associated with necrobabes.com detailing appellant's activity with it. The local police arrived at the home at 6300 Pathfinder Drive, where they found the body of a white female who was identified as 42-year-old Diane Holik. Capstone Green Energy is providing a second microturbine energy system to a large West Texas oil Four new members joined the Petroleum Hall of Fame at an induction dinner honoring the Class of 2023, Letter to the Editor: Truth lost in Trinity trial aftermath, Trinity trial aftermath puts City of Midland, DA's Office at odds, Petroleum Hall of Fame inducts four into Class of 2023, Bush Tennis Center asks MDC for nearly $1M for indoor facility, HS BASEBALL: MHS ends wild 2-6A race with walk-off win in extras, Opinion: Update the library's questionable materials procedures, MDC board to vote on investing in west Midland road projects, Check out these adoptable animals in Midland, HS BASEBALL: Midland High, Legacy set playoff matchups, Pioneer's Natural Resources' Sheffield is ready for retirement, Capstone Green Energy provides microturbine for Permian producer. A spare front door key with a ribbon was missing from the doorknob of a ground floor door. See Tex.R. Appellant stated that the storm began and he left. For murder to qualify as capital murder in the course of a robbery, the killer's intent to rob must be formed before or at the time of the murder. In capital murder offenses committed during the course of a robbery, see Tex. 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. Moreover, objections based on remoteness go to the weight rather than the admissibility of the evidence. His hands holding the flyer were shaking. 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. And, with the engagement ring aside, appellant questions the credibility of the testimony concerning the other missing jewelry. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. See Tex. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. He became sweaty and very shaky, and there was a strange look in his eyes. 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). 202, 355 S.E.2d 897, 899 (Va.App.1987) and United States v. Ross, 456 U.S. 798, 820, 102 S.Ct. Id. 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. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. She had planned to sell the home, get married and move to Houston. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). We overrule the third point of error. He then sat down and covered his face with his hands. Id. 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. Brewer is factually distinguishable from the instant case. There were 1,200 images recovered. Moreover, there was evidence that at the time of the murder, appellant was in dire financial straits. Ann. 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. In his fifth point of error, appellant urges that [t]he trial judge erred in the admission of extraneous conduct evidence from other8 homeowners and realtors under Tex.R.Crim. 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. 1998, pet. 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. 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. We disagree. In points six and seven, appellant contends that the trial court erred in failing to suppress evidence resulting from the illegal search of appellant's computer and then admitting irrelevant and prejudicial extraneous evidence of the computer's contents.2 We will affirm the judgment of conviction. The jury as the trier of fact is the sole judge of the credibility of the witnesses and the weight to be given the testimony and may accept or reject all or any of a witness's testimony. Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. Appellant's counsel made general remarks and argued that, after learning of the homicide, many of the witnesses overreacted in describing their encounters or interactions with appellant. 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. The seventh point of error is overruled. See Conner, 67 S.W.3d at 197. Penal Code Ann. 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. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. Top 3 Results for Diane Holik. 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. Barajas related that Holik gave an explanation for why she was late. Montgomery, 810 S.W.2d at 389; DeLeon v. State, 77 S.W.3d 300, 315 (Tex.App.-Austin 2001, pet. In assaying all the evidence under the Jackson standard of review, a reviewing court must consider all evidence, rightly or wrongly admitted, that the trier of fact was permitted to consider. 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. She was in daily and weekly contact with certain IBM coworkers across the country in the same supervisory field. 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. In the jury's absence, Barajas testified that Holik told her that the man offered cash for her home. Plenty of dogs at Midland Animal Services are waiting for their furever home. Cranford left the room and appellant stayed behind. The first point of error is overruled. No zip ties were found on the body or in the house. ref'd); Miranda v. State, 813 S.W.2d 724, 733, 742 (Tex.App.-San Antonio 1991, pet. The jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. Diane Holik was murdered, in her own home where she lived alone, by strangulation with a ligature, and her body was left in a locked house. Evid. 404(b).10 No error was preserved on this basis. We will not make appellant's argument for him on an issue that he has not chosen to present. Reviewing courts are not fact finders. Appellant also said that he stopped at only one house to ask for directions, which he received from an older gray-haired man. They worked as a team in managing new college hires for IBM. 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. If the appellate record reveals criteria reasonably conducive to a risk that the probative value of the tendered evidence is substantially outweighed by unfair prejudice, then the trial court acted irrationally in admitting the evidence and abused its discretion. 22. 403. Rule 802of the Texas Rules of Evidence states: Hearsay is not admissible except as provided by statute or these rules or by other rules prescribed pursuant to statutory authority. 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. TV-14 Reality and . 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. 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. Cranford was close to him. We find no such motion or pretrial ruling thereon. In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. Harmond v. State, 960 S.W.2d 404, 406 (Tex.App.-Houston [1st Dist.] State's Exhibit 621 was also generated by Rector and showed Internet activity on the computer on April 27, 2001, with the user-profile of a Patrick Russo and with the use of the AOL (America Online) engine to search for a subject associated to asphyx. To this exhibit, appellant expressed no objection. This exhibit is not before us for consideration of its relevancy. 402. It was an awkward situation. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. The man asked for a floor plan, which Cranford did not have. 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. His search was broadened to consider the Internet history, searching for documents relating to real estate, including Web pages. Delivered every Monday by 10 a.m., New York & New Jersey Energy is your guide to the week's top energy news and policy in Albany and Trenton. The black-and-white flyer was turned over to the police.3. There was evidence that appellant's wife inquired about property in Bastrop County. At the conclusion of the hearing, appellant was permitted to wait and view the completed transcription of the court reporter's record of the hearing and then make objections. During the autopsy, police officers collected biological evidence from the victim's left hand. According to Detective Rector's testimony, the unallocated clusters at some point were resident in the computer but had been deleted. Evid. ref'd)). 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. We have not found or been directed to any trial ruling on Paige Quinluin's testimony. The court pointed out that in a search for records and documents, innocuous records must be examined to determine whether they fall in the category of those papers covered by the search warrant. Id. Eventually, she bought a home there and made a life for herself with a great circle of friends. We begin with State's Exhibit 19. Tex.R. The prosecutor requested Rector to determine if there was additional information of that type on the Internet history concerning necrobabes.com. Rector was to continue his search for matters relating to real estate and the sale of homes in the Austin area. This address is linked to two people, Diane L Holik and Kevin G Holik. She had been tied up and strangled, an autopsy report confirmed. 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. 1. The best result we found for your search is Diane L Holik age 50s in Weatherly, PA. People named Diane Holik. See Diane Holik Vanmil's age, phone number, house address, email address, social media accounts, public records, and check for criminal records on Spokeo. Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Tony Russo is a pathological liar & murderer. Holik's last known telephone conversation occurred at 3:30 p.m. on November 15, 2001, and her computer had been shut down at 3:59 p.m. the same day. The most recent work description is Clerical/White Collar. Evid. 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. 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.). This was done with the consent of the Web site operator. The name necrobabes.com was indirectly obtained from the computer search pursuant to the search warrant of June 18th, but that was a legal search and did not taint the acquisition of the name. They have also lived in Huntington Station, NY and Wyandanch, NY. The file in question was not seized or opened. A Travis County jury convicted a part-time music minister of capital murder Friday in the strangulation killing of a woman who believed she was showing her home to a potential buyer. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. Cardenas v. State, 115 S.W.3d at 62-63. 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. Find contact's direct phone number, email address, work history, and more. Rachal v. State, 917 S.W.2d 799, 808 (Tex.Crim.App.1996); DeLeon, 77 S.W.3d at 315-16. It does not appear that appellant obtained an adverse ruling necessary to preserve error, if any. Later, she met her future fiance through a dating service. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named A PLACE FOR PAWS Search All Pennsylvania Companies The prosecution is not required to prove motive in any case. 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. 93, 628 S.E.2d 92 (Va.App.2006), the search warrant under which the computer was seized was issued relative to the crime of distribution of controlled substances. Copyright 2023, Thomson Reuters. On June 18, 2003, a search warrant was issued authorizing the search of appellant's home and the seizure of his personal computer and its content. The computer was seized pursuant to the warrant. Barajas, from Los Angeles, California, testified before the jury that she was an IBM coworker with Diane Holik. If you have questions, please contact [email protected] Email not found. Appellant was released after 8:00 a.m. on November 21, 2001. 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. Cranford and appellant went to the son's bedroom. 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. Hon. He asked about the alarm system. Conner, 67 S.W.3d at 197; Alvarado v. State, 912 S.W.2d 199, 207 (Tex.Crim.App.1995). "He's a predator," said prosecutor Robert Smith, "skilled at deceit and cunning and finding watering holes of potential victims. A trial court abuses its discretion in the context of evidentiary rulings only if its ruling is outside the zone of reasonable disagreement. Each membership was paid with a credit card traced to appellant. Appellant worked at the New Life In Christ Church in Bastrop. In a legal sufficiency review of the evidence, the jury's inference of intent is afforded greater deference than evidence supporting proof of conduct. 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. The statement met all the requisites as described in Brown. 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. In points three and four, appellant claims that the evidence was factually insufficient to establish the same issues raised in points one and two. 404(b). He then inquired whether there was a husband or boyfriend with whom he could deal. 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. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. Evid. Diane Tammy Holik, 43, of Austin, Texas, entered into rest on Friday, November 16 2001. Appellant could not be excluded from two hairs retrieved from a green towel found in the living room.5. In connection with appellant's argument, we examine other cases. Appellant does not complain of the admission of all the evidence taken from his computer. 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. Please complete the captcha to let us know you are . All the doors and windows were locked. He was a worship leader and music director. Appellant's relevancy objections were specifically directed only to the question of remoteness concerning appellant's encounters with certain female homeowners and realtors. Texas, 2001: Diane Holik is strangled in her home. 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. 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). Id. Appellant relies upon Brewer v. State, 126 S.W.3d 295 (Tex.App.-Beaumont 2004, no pet. All persons inherit mitochondrial DNA from their mothers-so maternal relatives have the same M-DNA. Nelson examined seven hairs recovered from the victim's home. Hon. Evid. 19.03(a)(2) (West Supp.2006).1 A jury found appellant guilty of capital murder. Tex.R. 19.03(a)(2), the legal and factual sufficiency standards apply to both the charged and underlying offenses. 75 Miss. Appellant's cell phone had calls at 3:30 p.m., 5:34 p.m., and 5:56 p.m. on November 15, 2001, and these outgoing calls originated in northwest Austin. 2. 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. at 1270. Appellant placed the black-and-white flyer on a table in the foyer. Computer searches are no less constitutional than searches of physical records where innocuous documents may be scanned to ascertain their relevancy. United States v. Hunter, 13 F.Supp.2d 574, 584 (D.Vt.1998). In evaluating the trial court's determination under Rule 403, a reviewing court is to reverse the trial court's judgment rarely and only after a clear abuse of discretion, recognizing that the court below is in a superior position to gauge the impact of the relevant evidence. The record reflects that the police were able to learn from Joe Schwaleberg of Generic Systems, Inc., who operated the necrobabes.com Web site, that on February 28, 2001, Janet Russo paid for a six-month subscription to this erotic asphyxiation Web site, and that on July 21, 2001, Tony Russo paid for a six-month subscription to the same Web site. Proof of a completed theft is not required. at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. 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. Appellant's DNA was found on Holik's left hand, where engagement rings are worn. Id. Barajas warned Holik that she should not let strangers into her home when she was alone. See Tex.R.App. 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. Walser, 275 F.3d at 983-84. The person is aroused by watching and controlling another with knives or guns or injuring them by other methods, including ligature strangulation. Cranford opened the front door to prevent the bell from awaking the children. 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. The indentations appeared to have been made by plastic zip ties or flex-cuffs once used by police to bind prisoners' wrists together. 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.) Holik was a supervisory employee of IBM and worked out of her home. There they find her lifeless body and a killer who's left few clues behind. Resides in Austin, TX. Current counsel makes no belated request for the record. Rector presented the information extracted from the computer to the prosecutor, who noticed that the computer's Internet history (which contained no Web pages or images) made reference to a Web site named necrobabes.com, which was later determined to be an asphyxiation-type pornographic Web site. See Murray v. United States, 487 U.S. 533, 541-44, 108 S.Ct. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. However, there was no interrogation to establish these facts. L.J. He gave the name of Jim Taylor. Season 10 Episode 30 - Videos 2:38 Preview Diane Holik Found Dead After Tornadoes Hit Texas See Clewis v. State, 922 S.W.2d 126, 134 (Tex.Crim.App.1996). Born September 10, 1958 Died November 16, 2001 (43) Add photos, demo reels Add to list Credits IMDbPro Archive Footage Previous 4 Homicide: Hours to Kill Self - Victim (archive footage) TV Series 2018 1 episode Log In. He said that he did not enter any houses. Watson v. State, 204 S.W.3d 404, 414-15 (Tex.Crim.App.2006) (reclarifying Clewis and overruling Zuniga v. State, 144 S.W.3d 477 (Tex.Crim.App.2004), to the extent of any conflict); see also Marshall v. State, 210 S.W.3d 618, 626 (Tex.Crim.App.2006). Her nineteen-month-old son was in the master bedroom and her three-month-old daughter was in the nursery. As earlier noted in the discussion of the fifth point of error, a general relevancy objection does not preserve an extraneous-offense claim under Rule 404(b) of the Texas Rules of Evidence. See Tex.R. In such an analysis, we view all the evidence in a neutral light. 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. Upon discovering the child pornography, the agent ceased his search and obtained a second search warrant to search the computer for child pornography. Thus, there was no probative evidence of an intent to rob. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex.Crim.App.1995). See Tex.R. 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. 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. The proponent of evidence usually has the original burden of showing that it is relevant and admissible. 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. We shall consider the issue presented. ref'd). A person who is observing or experiencing something may explain or describe it to someone else over the telephone. Moreover, a lawful search extends to the entire area in which the object of the search may be found.. at 1271, the detective began to browse through the file directories in Carey's computer and stumbled across a JPG file18 and opened it. 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. 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. Appellant did not further object at trial. Jeffery Deem, a technology specialist, used the Encase program to make a copy of the computer's hard drive and then performed a keyword search. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. Cathy Vance, a forensic analyst with the white collar crime unit in the district attorney's office, analyzed appellant's financial records. 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.). The basis of this latter ruling was the state of mind exception to the hearsay rule. Holik's body was found face down on the floor in an upstairs guest bedroom. Tex.R. When the police officers rolled the body over, a charm fell out of Holik's hair. On this latter date, she took note of the license plate number on his van. The touchstone of the Fourth Amendment is reasonableness. Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 17. 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. 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. 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. Cranford told him that she did not use it during the day. 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.

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