Please spare his life. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Here's a full rundown of the teams, drivers, and their cars. * * * The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. Tex.Code Crim. However, the protesters in attendance did little more than annoy the families. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. 946, 952 (5th Cir.2004) (emphasis added); cf. She'd been raped and eviscerated. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. All Filters. . He was frustrated that he had been the one who was unable to fight Raul. This guy is more than just a car's outer appearance. 2382, 65 L.Ed.2d 392 (1980). Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Jail. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. On the night of 24 June 1993, a group of teenage boys gathered at T.C. 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Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Cantu v. Quarterman, 341 Fed.Appx. Cantu, then 18, orchestrated the attacks and slaying. WebPete Cantu was born on April 9, 1914. $26.50 paid to City of San Antonio, Texas, Description: (3) determination that petitioner was not denied effective assistance of counsel was reasonable. Point of error forty-four is overruled. at 2608. denied, 513 U.S. 853, 115 S.Ct. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. 2934, 106 L.Ed.2d 256 (1989). Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. 2. the calculated nature of the defendant's acts; to the family or plant a tree denied, 492 U.S. 912, 109 S.Ct. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. Messages run for up to one year and you DR#: 999093 We will affirm. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. OVERSTREET, Judge, concurring and dissenting. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. Robertson, supra. Thus, we do not consider the argument on appeal. 74(f). Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id. Eight minutes later, he was dead. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. Appellant argues, in essence, that the prosecutor misstated the law. ), cert. He told the police that the girls' bodies could be found in T.C. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. Appellant cites no authority for why he should have been entitled to such an instruction. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. Valerie Nicole. She walked to a nearby convenience store, and called someone to come and help her. Peter Cantu then walked in and readily agreed with their recollection of events. Tex.R.App. Associated Addresses. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. denied, 512 U.S. 1246, 114 S.Ct. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. "I told him to stick it. "I had no idea they would be coming to this." In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. Find your friends on Facebook. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. denied, 516 U.S. 832, 116 S.Ct. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. In his fifth point of error, appellant complains that the trial court erred in overruling his objection to the prosecutor's argument that the jury had to find a nexus between the defense evidence and the crime before they could consider it mitigating. A tip led authorities to the bodies. Elgin, Texas. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. [WITNESS:] He is just agreeing with them. at 688, 690, 104 S.Ct. (Habeas). Enchiladas, fajitas and a cinnamon bun. One of the gang members grabbed Pena. Roofing, Home Builders, Additions, Home Theaters, General Contractors. Tuesday, August 10, 2010 What did he say? Open it up, look at it. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. (Aug. 17, 2010, 10:41PM). Appellant is incorrect. I, Sec. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." These arguments are unavailing. ), cert. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Anderson v. State, supra, at 509-10. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). Appellant has not done this. We likewise decline to undertake such a review in the instant case. Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX Refine Your Search Results. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Nelson, supra, at 498. Failure To Object To Prosecution's Argument. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Jester Park. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. By For the following reasons, we decline to issue a COA on any of those issues. (10:41 PM CDT, August 17, 2010). (AP August 17, 2010). Appellant alleges that this denial violated the Eighth Amendment. We hold this requisite to be applicable to non-psychiatric experts as well. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. at 49. denied, 495 U.S. 940, 110 S.Ct. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. 78 and Loop 1604. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Medellin's DNA matched semen samples taken from Patricia's body. Article continues below advertisement. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. Expressions of sympathy may be sent at www.schaetter.com. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Proc. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Look up Pete Cantu's phone number, home address, email address, and other personal information. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. No additional information for Cantu Roofing yet. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. See Lawton, supra; see also McFarland, supra. To this day, Houstonians remember the girls' names and what happened to them. LinkedIn is the world's largest business network, helping. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. "He's a guy who fully accepts his responsibility.". At this point, the Sandoval brothers decided that it was time to leave. Johnson, supra, at 135. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. Archived from the original on June 2, 2022. (Habeas). The families hope to keep him in jail for his entire sentence, of which he has served almost half. Thus, we deny a COA on this final issue. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. 2009). The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Cantu was described as the leader of small gang known as the Black and Whites. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. Pete will be remembered for his infectious laugh and loving personality. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? The Mexican-American community was outraged by the death and Torres's family demanded justice. We held: We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Furthermore, any error, assuming there was error, was harmless. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. We decline to revisit this issue here. We conclude that reasonable jurists would not disagree on this matter. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. denied, 510 U.S. 919, 114 S.Ct. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. denied, 513 U.S. 1021, 115 S.Ct. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Read more about the life story of Pete and share your memory. "Nah," Cantu replied. Jose Medellin was executed in August 2008. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Know more about Cantu Roofing? Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 1871, 128 L.Ed.2d 491 (1994). Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. ), cert. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. THE COURT: Overruled. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Follow. 2954, 57 L.Ed.2d 973 (1978). 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. 4. the existence of a prior criminal record, and the severity of the prior crimes; In this review, we do not attempt to determine what a particular jury subjectively believed. art. We do not guarantee accuracy of information. The inexplicable act of random predation struck a chord among city residents as few other cases. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. Does that cause the defendant's behavior? denied, 492 U.S. 912, 109 S.Ct. 74(f). Keller and Womack, JJ., concurred in part, and concurred in result in part. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Associated Phone Numbers. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. 22 posts. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". The boys then began strangling the girls. He became notorious for trying to kick a TV cameraman recording his arrest. He did not look toward the witnesses and made no last statement.