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As such, we hold that no error has been created by these events. [THE STATE:] And what would he say about that? Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. 2(f)(4). denied, 510 U.S. 997, 114 S.Ct. The break in solving the case came from, of course, the 911 call. ), cert. As their midnight curfew approached, they discussed the fastest route to Pena's home. 78 and Loop 1604. Cantu was described as the leader of small gang known as the Black and Whites. Hair Color: Black 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. Failure To Object To Prosecution's Argument. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. 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. Article continues below advertisement. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. Overstreet, J., filed concurring and dissenting opinion. Estimate Request Form Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. Contractors DirectoryInformation on every contractor in United States. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. denied, 501 U.S. 1259, 111 S.Ct. "He did a horrendous crime to these two girls and he deserved to die. All Filters. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. denied, 510 U.S. 1215, 114 S.Ct. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. Follow. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. 5. the defendant's age and personal circumstances at the time of the offense; Pete Cantu, 82. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. Later Cantu and his accomplices were said to have joked about the brutal killings. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. FN13. Know more about Cantu Roofing? At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. ), cert. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. 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. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department Look up Pete Cantu's phone number, home address, email address, and other personal information. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). THE COURT: Yes, sir. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. 2597, 115 L.Ed.2d 720 (1991). However, the protesters in attendance did little more than annoy the families. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Christina subsequently convinced her husband to report the incident to the police. 106, 133 L.Ed.2d 59 (1995). Date Received: 03/18/94 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. 2934, 106 L.Ed.2d 256 (1989). While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. FN7. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. TEXAS PIPELINER Welder (STC) . 401 and therefore irrelevant in the context of the special issues under Art. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. Jester Park at White Oak Bayou. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. He has a whole business dedicated to handmade car interiors. 284, 126 L.Ed.2d 234 (1993). Height: 5' 06" Petitioner filed application for certificate of appealability (COA). Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Point of error forty-five is overruled. 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. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. Seventeen years is a long time to have something eating on you like that. In fact, death row rules were changed to allow families to watch executions because of this case. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown 3. the forethought and deliberateness exhibited by the crime's execution; And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. We object to the out of court statements of these co-defendants that we can't confront and cross examine. And 17 years later he died not soon enough. Cantu, then 18, orchestrated the attacks and slaying. These factors are also helpful in this Court's evaluation of this question. Moore v. State, supra at 128, 128-09). denied, 492 U.S. 912, 109 S.Ct. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Funeral Home website by. For those who so desire you may make memorial contributions in his memory to the charity of your choice. These arguments are unavailing. See Lawton, supra; see also McFarland, supra. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. A memorial was erected to them at Waltrip High School, which they attended. He told the police that the girls' bodies could be found in T.C. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. A rational jury could not have found that appellant did not intend to kill the victim. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. FN2. Sign Up. At this point, Roman and Frank Sandoval decided to leave. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). 463rd murderer executed in Texas since 1976. We think about those girls every day. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. Martinez was appellant's second witness at the punishment phase of trial. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? See Woods, 75 F.3d at 1039. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). 2052. Ertman made the drive here four years ago for the first execution. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Cantu also confessed. "Just a bad, bad case.". Profile. ), cert. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Proc. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. 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.. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. Next, the older boys raped the two girls for about an hour while Venancio watched. Point of error thirty-three is overruled. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. Dec.13, 2006). Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. Appellant's objections were overruled and the evidence was admitted. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. Over the years, Rios regularly asks what else she might have done to prevent their deaths. Please spare his life. Read more about the life story of Pete and share your memory. * that appellant threatened a woman and broke a window at her home; Look at the evidence. Pursuant to Tex. Cantu v. Quarterman, 341 Fed.Appx. This version went into effect September 1, 1991. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. 2023 Holmgreen Mortuary. Information on every contractor in United States. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. denied, 513 U.S. 853, 115 S.Ct. ), cert. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. Enter She'd been raped and eviscerated. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. Point of error forty-two is overruled. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. . We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. denied, 510 U.S. 1215, 114 S.Ct. "He has matured remarkably," said Robin Norris, his appeals lawyer. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. Ex parte Cantu, No. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. 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. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. denied, 492 U.S. 912, 109 S.Ct. Therefore, we hold the first prong is met as to each offense. He told the call taker that the missing girls' bodies could be found near T.C. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa These complaints occurred at punishment, and thus had no effect upon guilt/innocence. BSCO is seeking any information on the two suspects shown in the video. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. denied, 510 U.S. 829, 114 S.Ct. denied, 516 U.S. 843, 116 S.Ct. I dont believe anybody ever in their lifetime is going to forget this. 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). Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. ^ D'Alessandro, Anthony (January 22, 2022). He was dearly loved and will be greatly missed by all who knew and loved him. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Sound rental, Band booking, Guitar and Bass lessons. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. denied, 506 U.S. 942, 113 S.Ct. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Holdings: The Court of Appeals held that: Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. 1. 680 following. Deputies chased the vehicle until it broke down at F.M. at 2608. 16th murderer executed in Texas in 2010 Pete Cantu. Perez and Villarreal will not be eligible for parole consideration for more than two decades. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. On death row, Cantu, now 35, was classified among the best-behaving inmates. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. You know what damage was done to their bodies. Every memory left on the online obituary will be automatically included in the book. A 14-year-old attacker was given a 40-year sentence. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. Point of error forty-three is overruled. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. Jester Park. Think about the ordeal of those two young girls right here. He has declined to speak with reporters as his execution date neared. If they hung all five of them, that would be a deterrent. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. ] (Emphasis added.). 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Section 2(f)(4) stated: The witness replied in the negative. He was friendly and never met a stranger. This guy is more than just a car's outer appearance. 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. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996).

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