See Sonnier, supra. 17 Episodes 2019. For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". 3368, 73 L.Ed.2d 1140 (1982). Proc. Some carried signs but none chanted or spoke loudly. Does that cause the defendant's behavior?
[THE STATE:] And how did he agree with them? 6. whether the defendant was acting under duress or the domination of another at the time of the offense;
denied, 514 U.S. 1117, 115 S.Ct. The crime was committed on or about June 24, 1993. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. The police searched the park without finding anything. 2052, 80 L.Ed.2d 674 (1984). As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. ), cert. They had spent the evening drinking beer and then "jumping in" Raul. Building Materials. Point of error twenty-nine is overruled. * * *
Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct.
Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury:
Finally, Cantu robbed Ertman of her rings, necklaces, and cash. The gang then drank beer and engaged in horseplay. 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. 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. Appellant has provided no reason why the situation should be different in Texas. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. * * *
To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. Your email address will not be published. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. 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.
Cantu was described as the leader of small gang known as the Black and Whites. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. 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. He did not acknowledge the victims families and he had no personal witnesses attending the execution. A tip led authorities to the bodies. Your email will not be used for any other purpose. See Woods, 75 F.3d at 1039. FN13. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Select this result to view Peter Cantu's phone number, address, and more. They then used Ertman's shoelaces to finish strangling her. 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. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. Profile. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. 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. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. A rational jury could not have concluded otherwise. He also parceled out the jewelry and money he took from the girls. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. He became notorious for trying to kick a TV cameraman recording his arrest. 1871, 128 L.Ed.2d 491 (1994). * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward;
Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony
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. Appellant alleges that this denial violated the Eighth Amendment. All of the boys then took turns stomping on both girls' necks to make sure they were dead. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. at 336, 123 S.Ct.
A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. 28 U.S.C. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. denied, 510 U.S. 1215, 114 S.Ct. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. denied, 513 U.S. 1157, 115 S.Ct. . 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. Cantu, then 18, orchestrated the attacks and slaying. 2. the calculated nature of the defendant's acts;
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.
He was pronounced dead at 6:17 p.m. Retrieved June 3, 2022. 74(f). Perez and Villarreal will not be eligible for parole consideration for more than two decades. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. FN8. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. 55 (5th Cir.
Hair Color: Black
Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. 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. He gave no final statement and showed no remorse for his acts. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 17. Shoelaces were used to strangle Pena. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. [WITNESS:] He is just agreeing with them. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to:
1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. The Forbes 400 net worth cut off this year was a record-high $2 billion. "I was the last parent to have seen them," she said. 463rd murderer executed in Texas since 1976. 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). in memory of Pete T. Cantu, please visit our floral store. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from appellant's bedroom. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. , 30, a security guard, was charged with burglary of a business he was hired to protect. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. See Photos. can stop at any time. Appellant raises forty-five points of error. Barnes, 876 S.W.2d at 322.
Does it justify it? denied, 506 U.S. 999, 113 S.Ct. For the following reasons, we decline to issue a COA on any of those issues.
Christina subsequently convinced her husband to report the incident to the police. However, no such evidence exists. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. "They left my house and they were supposed to go home," Rios said. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. 2726, 33 L.Ed.2d 346 (1972). Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. The sixth was convicted as a juvenile and is serving a 40-year prison term. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. As such, we hold that no error has been created by these events. She walked to a nearby convenience store, and called someone to come and help her. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. At this point, the Sandoval brothers decided that it was time to leave. Nelson, supra, at 498. 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. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 1. Id. If they hung all five of them, that would be a deterrent. Sign Up. We would like to offer our sincere support to anyone coping with grief. 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. Deadline Hollywood. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Although the record reveals that several of the statements complained of were made before appellant arrived at the house, similar statements were still being expressed when he did arrive. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. Excessive . In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. 55 (5th Cir. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. ), cert.
Hence, his point presents nothing for our review.FN12 Tex.R.App. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Now [defense counsel], I don't blame him. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. We have already addressed this issue and decided it adversely to appellant's position.
586, 130 L.Ed.2d 500 (1994). 2658, 125 L.Ed.2d 290 (1993). To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. For those who so desire you may make memorial contributions in his memory to the charity of your choice. ), cert. denied, 506 U.S. 942, 113 S.Ct. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriffs Office. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Don't kill that child. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury.
Court appeals to delay the punishment appeared exhausted. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. The bodies were found six days later after Cantus brother, using an alias, phoned police. No, not in the least. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. See Photos. He lasted through three fights before briefly losing consciousness. "He has matured remarkably," said Robin Norris, his appeals lawyer. 6:00pm I was escorted along with four other media witnesses. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Point of error forty-one is overruled. Peter Cantu confessed to the murders at the time of his arrest. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. Follow. Article 36.01, which governs the order of proceeding in trial, states in pertinent part:
When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. Furthermore, any error, assuming there was error, was harmless. 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. A 14-year-old attacker was given a 40-year sentence. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Ertman tried to help. One of the gang members grabbed Pena. 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. at 694, 104 S.Ct. They pulled on the belt, one boy on each side, until the belt broke. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. February 19, 2014. He remains in custody as of this writing. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. He married. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. Pete Cantu. denied, 515 U.S. 1105, 115 S.Ct. [THE STATE:] And what would he say about that? Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio Appellant has not done this. Points of error twenty-five through twenty-seven are overruled. Copyright 2018 - 2023 PLEASANTON EXPRESS. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. 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. All Filters. Appellant then requested and received an instruction to the jury to disregard the comment. They should have hung them. He did not look toward the witnesses and made no last statement. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. 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. Rule App. The district court determined that the state court's conclusion was not an unreasonable application of federal law. In point thirteen, appellant remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition.
The failure to assign a burden of proof on the mitigation issue (or to place the burden on the defendant) does not render the scheme unconstitutional. 2. Sound rental, Band booking, Guitar and Bass lessons. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them..
Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Cantus execution was the third connected with the case. denied, 491 U.S. 910, 109 S.Ct. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. After the belt broke, the killers used her own shoelaces to finish their job. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. Appellant is incorrect. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N McFarland, 928 S.W.2d at 520. The charge given was as follows:
Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error.
He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit.