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The gang then drank beer and engaged in horseplay. 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. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. denied, 506 U.S. 999, 113 S.Ct. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Spare his life, please, ladies and gentlemen of the jury. He was dearly loved and will be greatly missed by all who knew and loved him. 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. Overstreet, J., filed concurring and dissenting opinion. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. 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. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gender: Male He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. In search of vegan food, I found a world-class Mendocino inn. Point of error twenty-four is overruled. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. Several dozen people showed up outside the Walls Unit in support of the families and the execution. 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. Id. In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. The gang then drank beer and engaged in horseplay. He is a child, he is eighteen, and that's what this is about. FN10. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). 2. It affected more than just Melissa and me and Randy and Sandy.". Holdings: The Court of Appeals held that: Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. Furthermore, any error, assuming there was error, was harmless. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. Tex.R.App.Proc. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. 7. psychiatric evidence; and 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. 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. the Art. Points of error thirty-seven and thirty-eight are overruled. Appellant's objections were overruled and the evidence was admitted. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Appellant objected that this was improper impeachment on a collateral matter. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. can stop at any time. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. Again the evidence belies this conclusion. The court overruled his objection. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. Pete Cantu (1914 - 1980) - El Cerrito, California. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. (Direct Appeal). 433, 130 L.Ed.2d 345 (1994). The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Select the best result to find their address, phone number, relatives, and public records. Find your friends on Facebook. 2765, 129 L.Ed.2d 879 (1994). Location: Houston, TX. A clemency must be granted to Peter Cantu. However, we reaffirmed the original holding on appeal. Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. 1. Point of error thirteen is overruled. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. Maybe some satisfaction, but never closure.". FN8. 2630, 2639, 129 L.Ed.2d 750 (1994). Fitness Professional Online at Xecute Fit. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). "It's a little late," Ertman said. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. , 30, a security guard, was charged with burglary of a business he was hired to protect. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. at 2609. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. at *24. After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. They alerted the police and posted fliers, but the girls were not found. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. denied, 495 U.S. 940, 110 S.Ct. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. He remains in custody as of this writing. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; County of Offense: Harris FN2. at 688, 690, 104 S.Ct. Associated Addresses. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. He married Dominga Arizola in 1945. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. Sound rental, Band booking, Guitar and Bass lessons. 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. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. Information on every contractor in United States. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Keller and Womack, JJ., concurred in part, and concurred in result in part. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 401 and therefore irrelevant in the context of the special issues under Art. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. The witness replied in the negative. He was charged with unlawfully carrying a weapon. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. Sheet Metal Worker. Pursuant to Tex. Select this result to view Peter Cantu's phone number, address, and more. denied, 516 U.S. 1021, 116 S.Ct. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. 2052. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. denied, 513 U.S. 967, 115 S.Ct. See Article 36.15; Tex.R.App. ), cert. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Ayesha Gani. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. DMCA NoticesNewspaper web site content management software and services. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. 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 Eight minutes later, he was dead. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. Enter 81(b)(2) I concur in overruling the point. denied, 513 U.S. 1157, 115 S.Ct. 2954, 57 L.Ed.2d 973 (1978). [THE STATE:] They were all saying that? John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. They have also lived in Marion, TX. Proc. Archived from the original on June 2, 2022. Here's a full rundown of the teams, drivers, and their cars. "Nah," Cantu replied. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Thus, no egregious harm, if any harm at all, can be established. We would like to offer our sincere support to anyone coping with grief. A tip led authorities to the bodies. to the family or plant a tree Tex.R.App. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. As that Court stated: Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. Of the six people convicted, five were sentenced to death. Proc. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. Retrieved June 3, 2022. 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. "They are still in our hearts and prayers.". (Page 2) 2934, 106 L.Ed.2d 256 (1989). Messages run for up to one year and you 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. He told the police that the girls' bodies could be found in T.C. Point of error thirty-five is overruled. Native County: Harris They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 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. 2193, 109 L.Ed.2d 520 (1990). 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. His is . You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. 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. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? 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. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. Building Materials. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. Specifically, appellant complains of the following argument: Eye Color: Brown By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. It was traced to the home of the brother of one of the men later sentenced to death for these murders. 81(b)(2). All cuzz them fine ass girls you all wanted to fuck. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. 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. 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. Thank you. Derrick Sean O'Brien was executed in July 2006. At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. And 17 years later he died not soon enough. (Direct Appeal) OVERSTREET, Judge, concurring and dissenting. ), cert. Think about the ordeal of those two young girls right here. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. denied, 507 U.S. 975, 113 S.Ct. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. 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. 680 following. 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. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. denied, 506 U.S. 942, 113 S.Ct. We hold this requisite to be applicable to non-psychiatric experts as well. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa That is when Cantu, now 35, is set to die by lethal injection in Hunstville. 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 Cantus bedroom. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Seventeen years is a long time to have something eating on you like that. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. Appellant raises forty-five points of error. In fact, death row rules were changed to allow families to watch executions because of this case. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. 1756, 95 L.Ed.2d 262 (1987). BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. We object to the out of court statements of these co-defendants that we can't confront and cross examine. [DEFENSE:] Excuse me, [prosecutor's name omitted]. That's what they're doing; they're arguing nothing. 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. A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. 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. 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..