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                                                            Celeste Beard Johnson, vs The State of Texas,
                                                                      Appellant                      Appellee

Texas justice - Administrators' behavior and decisions are overlooked when they are normally considered "Above the LAW!"  They were elected to protect Celeste's constitutional rights in a just and equitable manner. 
                                                                       Denied! Denied! Denied!
The procedures of the District Attorney's office and the Court were heinous.  No one protected the constitutional rights of Celeste Beard Johnson for a fair trial.  Check out Nancy Hall's blog talk on "Women Behind the Wall- 4justicenow" 7/5/11.
  Trial by Perjury by Nancy Hall is a new ebook on amazon.com has obscure facts never told.
Whether it's my daughter or not; the trial was unfair.  Write Governor Rick Perry, Office of the Governor, P.O. Box 12428, Austin, Texas 78711-2428 or call 1-800-252-9600 to complain about the unfair justice. 

Celeste would like to hear from you so write:  Celeste Johnson 1157250, Mt. View Unit, 2305 Ransom Road, Gatesville,  76528.   http://celestebeardstrial.blogspot.com/2011/09/celeste-beard-johnson-trial-errors.html  and read blogs under
VISIT - http://gator1369-juanita-freeceleste.hgsitebuilder.com 
New webpage:  http://celestebeardblogtalk.com

Celeste has a new book which includes letters from Gatesville Prison, Wounded Bird ISBN: 978-1-4389-3390-0 ORDER at AuthorHouse.com, Barnesandnoble.com, Borders.com, Booksmillion.com, Target.com amd more.  (celestebeardsbook.com) "TRIAL BY PERJURY' IS A NEW e-BOOK ON AMAZON.COM WRITTEN BY NANCY HALL.  It is based solely on Celeste's trial using actual court transcripts with my commentary.  Hans Sherrer of Justice Denied writes a review of "Trial by Perjury":

On October 2, 1999, Tracey Tarlton shot Steven Beard (Celeste's husband) with a 20-gauge shotgun while he was sleeping in his bed.  Steven and Celeste had agreed to terminate all relationships with her.  Steven called Tarlton "white trash."  Celeste confronted Tarlton and told her; "To stay out of her family business."  In the month of September, 1999 Tarlton's anger changed to rage with every telephone call not returned by Celeste.  Steven and Celeste planned an extended trip on October 3, 1999.  Other trips that Celeste had taken, upset Tarlton so much that she ended up in the hospital with apparent suicide attempts.  Friends of Tarlton had held her shotgun because they were afraid of what she might do.  The shotgun was returned in August of 1999.  In September, Celeste and her daughters hid in a dark house because Tarlton had left a message that she was coming over with her shotgun.  The police knew of other situations with Tarlton but nothing was substantial to arrest her.  Tarlton and Celeste were friends for six months.  Over half of that time Celeste was in treatment at Timberlawn Psychiatric Hospital for depression or traveling and Tarlton was in Austin, Texas.  Tarlton had a bizarre attachment to Celeste which was typical of her mental illness.  Every psychologist and every psychiatist that treated Tarlton tried to deal with her obsession with Celeste.  One thought TARLTON "unfixable."  Yet, six fellow coworkers of Tarlton, brought the same picture of Celeste sitting on Tarlton's lap at a party, and that picture had more weight in the jury decision than doctors and professionals.  Tarlton made sure that marijuana brownies were brought to the party because Celeste loved anything chocolate.  Celeste got smashed.  The trial never showed the real story, or maybe I should say the truth was twisted and bogged down with unimportant testimony, which is good fiction for a Danielle Steele novel.

Before the shooting, Tarlton testified that she did a walk-through of the Beard home at 3900 Toro Canyon Road with Celeste.  Dick DeGuerin stated in his final argument the hard evidence that proved that Tarlton was lying.

DeGuerin said; "And it doesn't just create a doubt about it.  It's overwhelming."
     "Let me tell you about it.  Do you remember Tracey has two things to say about that day?  She says that during the afternoon -- she at one time said after 12:30, at one time she said 2:30 and she was very hard to pin down.  She was not specific about it, but in the afternoon she went to Toro Canyon for a walk-through, she said.  She got the walk-through.  She -- as she described what she did, it was wrong, and that's what Gus Voelzel was here for, to show you that the way she described the house was just wrong."
     "But that's really not what is significant about it.  What is significant is the other witnesses who in part accounted for Celeste's whereabouts during the day.  Jennifer testified and told Charlie Burton that she picked up her mom, she didn't go to school that day and she took her mom to her hair appointments."
     "If you look at, and I was so encouraged when you asked for the family planner and Celeste's private planner because it has all the clues you needed there.  And I thought, you know, I didn't talk to them about that, but you just have to have your faith in the jury system, and I do have my faith in the jury system.  And that's why it's not meant as a personal criticism of you."
     "In those family planners on Friday, October 1st, there's several things.  You have those back there.  Just look at them when you go back there.  At 10:00, it has Celeste, Studio 29, and then it was Steven Beard at 10:30 or 11:00 and it has manicure, pedicure and haircut.  They were there at the same time.  Jennifer drove Celeste there at the same time.  Jennifer drove Celeste there, but that's not all.  At 12:30 is written down that Celeste has a perm.  A perm takes about two hours.  In the checks that you have -- and you have all the checks -- there's the one for October 1st to Studio 29 for $109.  That's Celeste paying for her perm."
     "In addition to that, there's Celeste's personal planner.  Now, the state said, you know, this is a secret planner.  Well, it's not a secret planner.  She had a small planner which you have in evidence that she carried around in her purse.  The family planner stayed on -- in the center of the house and in the -- in her personal planner are several things.  There's the Lily Tomlin concert with Tracey which got canceled after August 28th, but there's also Celeste's appointments.  Terry, 10:00.  That's the 10:00 appointment at Studio 29."
     "There's another appointment for 9:30.  There's an appointment with Dawn at 3:00 p.m., and there's an appointment with Joseph at 5:00 p.m.  Now, it says perm, but remember what Joseph said.  It was  really an updo.  That's a different studio after her perm."
     "In addition to those activities, which are all in evidence before you and all contradict Tracey Tarlton about what happened that afternoon, there's a check to Celeste dated October 1st signed by Steven Beard for $1500.  There's a deposit ticket taken to the bank where Celeste went to the bank, $1500 depositing that check."
     "Does it make sense -- and I'm so sorry I didn't argue this to you before.  Does it make sense that Celeste would have Tracey come over and drive up the main driveway in the middle of the day with all this activity going on?  Jennifer says she drives her to her hair appointments, and then Jennifer says she was there when Christopher comes in from San Angelo at 1:30 in the afternoon.  They are there until 2:30, she says, when they went to buy groceries for the lake house.  Does it make sense that Celeste would have Tracey over there in the midst of all these activities?"
     "Does it make sense that Celeste would change those plans because of the nosy neighbors next door?  Would Tracey be there in the middle of the day with nosy neighbors next door?
     1.  No evidence was allowed in Court that proved Tracey Tarlton was a violent person in the past. Tarlton admitted to the
          crime and over two years later changed her story implicating Celeste for a plea bargain.      
     2.  Everclear was never bought by the Beard family but testimony from liquor stores were not allowed.
          a.  Celeste was accused of switching Everclear for Steven's vodka to make him drunk quickly.
          b.  These lies were used to explain some of Steven's physical symptoms.
     3.  Circumstantial evidence was not proper search and seizure by the constitution and I guess Texas's law.
          a.  They had a search warrant which was voluntarily signed by Celeste.
          b.  The police did an extensive search of the 3900 Toro Canyon house immediately after the shooting 
               and found none of the circumstantial evidence presented in court.
     4.  A letter was typed and unsigned; a tape was turned off before completion of the conversation which left unfinished,
          implicated Celeste.  This is not good faith evidence.  Kristina testified that she turned off the tape because she got
 Question (Mr. DeGuerin) By the way, you cut off this conversation.  It wasn't through when the tape ended, was it?  There
                was more said to you about this than what is on the tape?
 Answer (Kristina Beard) Are you talking about the last conversation?
 Q.  Yes, "I hired someone to kill Tracey."  And you say after a pause, "Okay," and then the tape suddenly stops.
 A.  That's correct.
 Q.  And that's when your mother explained to you that Donna was -- that Donna had said she was going to tell the police
       that there was a hit contract on Tracey because your mother was filing charges against Donna, right?
 A.  I don't remember that part of the conversation.
          a.  Kristina didn't say; "How can I know the rest of the conversation I turned off the machine or hung up the phone.  If
               Kristina knew there was more conversation, then turning off the tape or hanging up the phone alters the tape.
          b.  The tape should be rejected by the Court because turning the tape off alters the tape regardless of Kristina's
     5.  Circumstantial evidence was collected and brought to the district attorney's office; where are the logs?
          a.  The twins and friends brought things AFTER the original search warrant claiming they originated at Celeste's house.
               Some were found in her garbage can.
          b.  Justin Grimm testified that pieces of this evidence were hidden around his house which accounts for many trips to the
               district attorney's office.
          c.  In the Fourth Amendment, the government must prove to the Court that they seized the evidence legally.
     6.  The Court threatened Katina Lofton, a critical witness for the defense, with aggravated perjury charges.  Lofton had
          conversations with Tarlton about Celeste and would impeach Tarlton's trial testimony.  Lofton had stated that, "Tarlton
          had told her in the county jail, that she was getting even with Celeste."  It was a sworn statement before a court
          reporter and it caused the Court's intimidation of Lofton.
     7.  Silly incidents were mentioned which had absolutely nothing to do with the shooting like toilet papering a house.
          a.  Tracey Tarlton's record appeared clean.
          b.  Prosecution witnesses make deals with the district attorney for criminal acts committed and the records were held in
               his office.  These records were protected by the deals.
     8.  Lots of records showed that Tracey Tarlton had homocidal thoughts.  It was in Tracey's hospital admittance records but
          the defense was not allowed to direct the jury to the hospital record that proved Tarlton had homicidal thoughts about
          trying to kill her mother.  Without the weight of these entries, fear of Tarlton's threat to kill Steven six months before
          the shooting could not be conveyed properly.  The records state that Tarlton is bipolar and schizophrenic with delusions.
          The psychiatrists concluded this after extensive testings and evaluations.  All hospital records were entered into
     9.  The evidence was not in the jury room for them to see.  The jury had to request a piece of evidence.  They didn't know
          it was there so how could they possibly request it.
   10.  Mr. Cobb quoted the Bible to the jury which is not separation of church and state.
          a.  Should Dick DeGuerin receive a doctorate in theology to defend Celeste?
          b.  Doctrines are subjective and these are very unfair remarks especially  in a believing community.
          c.  Texas is a Bible-belt state.
   11.  Over and over salacious things were said to offend the jury.
          a.  Private wifely communications were used for the purpose of shock. "What does the "pet" name of an ex-husband's
              "penis" have to do with this crime?
          b.  Testimony was presented about Steven's habit of having oral sex on Sunday, which was no one's business.
          c.  The Court was running a legal soap opera because they had no evidence.
   12.  Mr. DeGuerin fought hard which caused the jury to dislike him.
   13.  The irrevocable trust was dispersed to the Beard children before the appeals were exhausted.  I guess the Texas court
          will not overturn this unfair trial.
   14.  Tracey was arrested for running down a hitchhiker in her car after giving him a ride.  She hit him bruising his side and
          was going at him again when she was stopped and arrested by the police.  It happened September 16, 1998.
   15.  Zan Ray, Tarlton's former lover, would have testified how Tarlton controlled and manipulated her after Ray's husband
          died suddenly but it was not allowed in the trial.
   16.  It's easy to impeach Jennifer, Kristina, and friends; compare Mr. Burton's office records, Probate testimony, and Criminal
          testimony given in 2000.
   17.  A civil lawsuit was filed against Celeste by the Beard children.  She gave sworn testimony before a court reporter and
          then this lawsuit was dismissed.  Celeste Beard was not charged with anything on August 25th of 2000, the date of the
          deposition.  Some of this sworn testimony was presented at the criminal trial.  The questions and answers selected and
          read to the jury tended to support Tarlton's lies which is against Celeste's 5th admendment rights of the constitution.
   18.  Autopsy concluded that Steven Beard died of pulmonary embolism.  Celeste had nothing to do with his illness or his
          death.  How can Celeste be convicted of murder.  Tarlton shot him without Celeste's knowledge.  Celeste did not
          collaborate with Tarton to shoot Steven.  Tarlton lied to get a plea bargain.
          a.   An embolism occurs when an artery in your lungs becomes blocked.  Most clots originate in your legs but they can
                also form in arm veins.  Once you've had one pulmonary embolism, you're at increased risk of more, and many of
                these recurrences can be fatal.
High blood pressure in your lungs (pulmonary hypertension) can occur when a number of clots obstruct blood flow in the blood vessels in your lungs for months or years, making the right side of your heart work especially hard against great resistance.  The most common symptons are breathlessness when you exert yourself and general fatigue, fainting, dizziness, swollen legs or ankles, and pressure or pain in your chest is also common when pulmonary hypertension becomes severe.  Steven Beard suffered all these symptoms the last year of his life.  He was in the hospital two times in September 1999 with dizziness and fainting.

Pulmonary arterial hypertension (PAH) is rare and is unfortunely, often misdiagnosed as asthma, just being overweight, etc., leaving some patients to struggle for years without treatment.  Many die before they get proper medication.  There is no cure, but there are several promising treatments available that allow most sufferers to lead reasonably normal lives.

The following is a list of Steven Beard's symptoms as recorded in the doctors office or hospital:
     September 1996,        Fainting in which he apparently fell from a commode, struck his head on the wall and
                                        had a laceration.  Blood alcohol level was .216.
     October 1996,             Light-headed if he stands abruptly or changes position.
     January 1997            Judgement was poor, he had visual impairment, he was not very articulate and they 
                                      had trouble waking him.
     November 1997        Fall and fractured back.
     January 1998            Slipped and fell in home.  Fractured spine.
     February, 1998         Feels he's more short of breath even though the asthma not a problem, complaint of
     June 1998                 Complained of shortness of breath traveling to Grand Tetons and Yellowstone.
     August 1998             Swelling over the instep of right foot and in the absence of any trauma or falling.  
                                      Uric-acid levels were elevated.
     November 1998        Having shortness of breath walking around the house, getting dressed, bathing and 
                                      walking to the bathroom.  Not an abrupt change but gradually.  He had noted his
                                      breathing has worsened.
     December 1998         Lab work.
     March 30, 1999         Significant wheezing, been going on since he made an air trip to Dallas.
     April 26, 1999           Shortness of breath on exertion.
     September 9, 1999   Utah trip - not functioning well mentally and physically, drowsy, less active.
     September 12, 1999 Found in the evening face down on kitchen floor.  Determined acute right lower
                                      pneumonia which could have occurred by inhaling secretions.  Blood alcohol .168.
                                      Left the hospital with dizziness.
     September 15, 1999 Found in the morning face forward on the table eyes open but not responsive
     January 19, 2000      Steven is readmitted to Brackenridge Hospital with a yeast infection of the scrotum
                                      and perineum, confusion, and sick.  Next day complained of chest pain.  Chest exam
                                      showed rhonchi on the left side of the heart and right ventral block.  It progressed to
                                      tachycardia, rapid heart beat, delirius, wheezing and his temperature spiked at the
                                      end of his life.

In conclusion, Steven Beard died of natural causes.  The District Attorney's office tricked Tracey Tarlton into confessing and lying for fear of a murder charge.  Tarlton would have received 20 years for injury to an elderly person.  She gained nothing for her lies.  Celeste's conviction was totally false because there was no murder and Celeste was never involved in the shooting.

Another inmate housed with Tracey Tarlton at another unit at Gatesville prison reported that Tarlton said; "Celeste did not know she (Tarlton) was going to kill Steven Beard."  The evidence destroys the already questionable credibility of Tarlton's plea-bargained-for testimony.

Money is the elephant in the trial.  Does Steven Beard have the right to bequeath his money as he has planned by law?  Kristina Beard said; "A trust can be broken," and it was.  Kristina made this threat to Celeste's psychologist in April 2000.

The irrevocable trust owned the property and the income that came from the trust went to Celeste.  When Celeste dies or is disqualified, the property in the trust goes to the kids or the kids trust.  Texas law said; "if a person intentionally causes the death of another person, they may not benefit through inheritance or otherwise."  Thus the Civil Trial and or the Criminal Trial had to prove Celeste was involved which accounts for the lies of Kristina, Jennifer, and friends.  Celeste won the Civil Trial in 2000 because of insufficient evidence.  Paul Beard was quoted as saying; "There is a criminal investigation out there; I still believe justice will be done.

On July 18th, 2003, a Hearing of Indigency was held in Travis County, Texas.  The Court found that Celeste was not indigent for the purpose of having the state prepare the appellate transcript for her.  The trust fund monies were protected by an injunction or a restraining order.  The Bank was in the process of breaking the injuction to make dispersements to the five children.  Celeste was still in the loop to receive a portion at least on paper but not in reality.
                                   TESTIMONY FROM CELESTE'S ATTORNEY AT THIS TRIAL
     Mr. Hennessy said; "But as far as I know as to any specific discussions about settlement or any monies going to Ms. Johnson, I don't know anything about that except that in any lawsuit my -- lawyers are representing both sides and they are talking about something.  I don't know if they are talking about any money going to Ms. Johnson at all or rather -- I don't know.  I don't know if they are talking about paying the nuisance value so they don't have to spend any lawyers' fees.  I don't.  What I do know is that right now she's not entitled to anything."
     With a half of dozen "I don't knows" a Judge decides Celeste is not indigent.  The transcript cost $41,700.00  The pressure to file an appeal and release the hold on the trust fund occurred together after four months at Gatesville prison.  Celeste crumbled like a broken cookie and signed papers so she could start her appeal.  She received the nuisance value that Mr. Hennessy talked about at the Indigent Trial or the "Salt in the Wound Trial" as I call it.  Celeste traded the irrevocable trust for the inmate trust fund.

O.J. Simpson had shoes, gloves, witness saw him entering the house, and other things but he is free.  He lost in the civil trial.  There is no evidence against Celeste but talk.  There is lots of evidence against Tracey Tarlton that she did the shooting on her own and she makes a deal.  Celeste was convicted twice and sentenced twice in the criminal trial for a crime she didn't commit but she is not guilty in the civil trial?  You tell me - do we have a problem in this system?