Patterson v. State

• Decision Date: 23 January 2020
• Docket Number: NUMBER 13-18-00030-CR
• Citation: 606 S.W.3d 3
• Parties: Monica Melissa PATTERSON, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

606 S.W.3d 3

Monica Melissa PATTERSON, Appellant,

v.The STATE of Texas, Appellee.

NUMBER 13-18-00030-CR

Court of Appeals of Texas, Corpus Christi-Edinburg.

Delivered and filed January 23, 2020

Amended Rehearing and Amended Motion for En Banc Reconsideration Denied August 13, 2020

Brandy Wingate Voss, Law Offices of Brandy Wingate Voss PLLC, McAllen, for Appellant.

Ricardo P. Rodriguez, Hidalgo County District Attorney, Glenn W. Devino, Assistant Criminal District Attorney, Edinburg, for Appellee.

Before Justices Benavides, Perkes, and Tijerina

Opinion by Justice Perkes

Appellant Monica Melissa Patterson appeals her convictions of capital murder, a first-degree felony, see TEX. PENAL CODE ANN. § 19.03(a)(3), aggregate theft of $100,000 or more but less than $200,000 from a non-profit organization, a first-degree felony, see id. § 31.03(b)(1), misapplication of fiduciary property valued at $20,000 or more but less than $100,000, a third-degree felony, see id. § 32.45, and attempted theft of $200,000 or more, a second-degree felony, see id. §§ 15.01(a), 31.03(b)(1). Patterson received an automatic life sentence for her capital murder conviction. See id. § 12.31(a). For the remaining counts, the jury assessed punishment at seventy-five years' imprisonment, see id. §§ 12.32, 31.03(f)(3)(B), four years' imprisonment, see id. § 12.34, and fifteen years' imprisonment, see id. § 12.33, respectively.

By nine issues, which have been reordered below, Patterson argues (1) the evidence is legally insufficient to support a conviction for counts one, two, and four; (2) double jeopardy bars a conviction for count three; (3) the trial court issued an erroneous charge on the law of parties and failed to instruct on the accomplice-witness rule; and (4) the trial court erroneously allowed hearsay evidence and expert witness testimony. We affirm.

I. BACKGROUND

Martin Knell (Martin) died in his McAllen home on January 28, 2015, at ninety-six years old. His reported cause of death was cardiac arrest. One month later, Martin's former live-in housekeeper, Celestina Mascorro, contacted the Texas Rangers claiming she had witnessed his murder. Mascorro named two individuals responsible for Martin's death: Patterson and a man named "Mario," later identified as Angel Mario Garza.

Following an investigation, Patterson was arrested on August 26, 2015. Thereafter, investigators were approached by Patterson's former employers at Comfort House Services Inc. (Comfort), a local non-profit organization, with allegations that Patterson had misapplied the organization's funds. Patterson was subsequently indicted on the same four counts that would later be sent to the jury.¹

A. Martin's Murder and Attempted Estate Theft

1. September 2014

In September 2014, Martin's wife of over seventy years, Thelma Mae Knell (Penny), was hospitalized. Penny was ninety-three years old. Prior to Penny's discharge, Martin appointed Greater Valley Hospice (GVH) to administer Penny's hospice care at the couple's home. Kathy Redfern, GVH Director of Nursing, testified that she ordered medical equipment to be delivered to the couple's home, and she spoke with Martin to confirm the at-home arrangement. Redfern testified that Martin provided no indication that he was ill-equipped to handle Penny returning home.

Between 10:30 p.m. and 11:00 p.m. on the evening of Penny's transport, Redfern received a call from Patterson, Comfort's administrator. Patterson told Redfern that Martin refused to allow GVH staff to move Penny back into the couple's residence, and Penny was instead transported to Comfort. Upon Penny's admittance at Comfort, Martin Knell Jr. (Mark), the couple's only child, became her established point of contact.

At trial, Mark's relationship with his parents was extensively scrutinized, and he was accused of trying to assume control of his parents' finances, which he vehemently denied. The parties also disputed whether Mark barred Martin from visiting Penny at Comfort or if Patterson alone spurred Martin's prohibition from Comfort.²

Mark testified that it was Patterson who, on her own accord, placed the facility on lockdown and requested law enforcement intervention, alleging that Martin was threatening Comfort staff. Consistent with Mark's testimony, Michael Merinos, Penny's admitting caregiver at Comfort, testified that Patterson unilaterally instructed Comfort employees not to allow Martin into the facility. Merinos testified that Patterson said Martin was a violent man who posed a threat to the facility. Patterson's statements contrasted with his own observations. When Merinos later witnessed interactions between Martin and Penny, he stated Martin appeared "very humbling, very loving—not what [he] was told that [Martin] was" by Patterson.

On September 29, two days after Penny was admitted into Comfort, Martin went to the Hidalgo County Sheriff's Office, claiming he was being unlawfully prohibited from visiting his wife. Cesar Garza, a criminal investigator at the sheriff's office, testified that he called Comfort and spoke with Patterson. She told Garza that she had filed a police report with the McAllen Police Department after Martin "threatened staff and caused a disturbance." Patterson explained that Martin was prohibited from entering the facility "because of his violent tendencies and access to weapons." Garza testified that he relayed the information back to Martin, who became "upset." As a result of Martin's response, which was not elaborated on at trial, Garza said he "had [Martin] committed" for a "mental health evaluation."

According to Brenda Lee Cantu, a representative with Adult Protective Services (APS), an agency within the Department of Family Protective Services, Patterson also reported Martin to APS, alleging elder abuse or neglect after he refused to care for Penny.

2. October 2014

On October 1, Cantu contacted Martin at the behavioral center where he had been institutionalized. Cantu was tasked with reviewing Martin's adult daily living situation and determining whether he was capable of performing basic tasks. Cantu opined that he was.³ Martin was discharged from the center that same day.

Once released, Martin again attempted to visit Penny at Comfort. This time, he was accompanied by Max Grubb, a pastor and long-time friend.⁴ Grubb testified that upon their arrival at Comfort, Patterson told them that they would not be allowed inside because she had been "ordered by [Mark] not to allow" Martin in. Grubb then expressed his concerns to Patterson regarding rumors of Mark's alleged improper financial interest in Martin's significant fortune. Grubb testified that Patterson's demeanor thereafter changed, and Martin was permitted to visit with Penny.

On October 5, Mark informed Patterson that he would be transferring his mother to Waterford Gardens Assisted Living Facility (Waterford), pending Waterford's authorization. Mark testified that Patterson initially assured him that she would arrange for the transfer. When Mark followed up with Patterson, she told him Lucille Cavazos, Waterford administrator, had denied the transfer. At trial, Cavazos rebutted Patterson's claim. Cavazos stated that Patterson never gave her the opportunity to evaluate Penny for placement. "[Patterson] said that I might not be able to handle [Martin]—that he was having to go visit, escorted by a policeman, because he had threatened the [Comfort] facility," said Cavazos. Patterson insisted that she "needed to ask the family for permission" before she would allow Cavazos to evaluate Penny in person for placement suitability—although Mark, who was still listed as Penny's primary point of contact, supported the transfer.

Within one week of Mark's transfer request, (1) Mark was removed as Penny's primary point of contact at Comfort and replaced with Martin, and (2) Patterson accompanied Martin to Chase Bank to inquire about withdrawing Martin's money. According to Rocio Perez, a Chase personal banker, Patterson and Martin asked if there was a "way to keep the money safe from [Martin's] son." At the time, Martin had approximately $600,000 in his account. Perez, who was familiar with Martin⁵ and had never known him to make such a large withdrawal, grew concerned during the encounter and contacted Global Security Investigations to report possible elder abuse.

Patterson's heightened interest in Martin's finances was further corroborated by Grubb, who testified that in early-to mid-October, Patterson approached him with a "proposal about taking care of Martin's money." Grubb said Patterson suggested that "Martin take his money out of the bank and give it to her. And she would protect it...." Grubb vocalized his disapproval, and in response, Patterson proposed she and Grubb split the money. Shortly after this exchange with Patterson, Grubb testified that he convinced Martin to meet with a local attorney, Oscar Gomez. ⁶

Grubb soon underwent open heart surgery and lost contact with Martin for several months.

On October 13, Martin withdrew $100,000 from his Chase account. One week later, Martin, again escorted by Patterson, attempted to make another significant cash withdrawal. Chase Bank branch manager Amador Lopez Jr. testified that the bank did not fulfill Martin's request to withdraw $150,000 that day. Lopez did, however, become familiar with Patterson, who soon after opened an account at Chase Bank and received multiple transfers from Martin's account.⁷ According to Lopez, Martin's balance at the beginning of October was $600,046.78. By the end of the month, Martin's account reflected $189,589.97.

On October 28, Penny passed away. Three days after Penny's funeral, Raquel Ybarra, Penny's former medical social worker at GVH, visited Martin at his home to offer bereavement counseling services. Ybarra noted that Martin "appeared to be coping well," with a strong support system in place, which included his family and pastor. Mark confirmed that he spoke with his father frequently after Penny passed,...