See Photos. "We could have put all of them in prison for life. Jail. This guy is more than just a car's outer appearance. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Cantu v. Quarterman, 341 Fed.Appx. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. Cantu then sought state post-conviction relief. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. 1997). After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. See 466 U.S. 668, 687, 104 S.Ct. ", Even now, both families say there is no closure. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Christina subsequently convinced her husband to report the incident to the police. 2052. Deadline Hollywood. Choose one of our three Metal Depot locations in Southeast Texas for all of . The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. At 6:09 p.m., lethal injection drugs entered Cantu's body. Gender: Male * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Subsequently, they all took turns stomping on both girls necks to make sure they were dead. "I think about them. His is . denied, 510 U.S. 829, 114 S.Ct. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. denied, 501 U.S. 1259, 111 S.Ct. 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 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. However, no such evidence exists. 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. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. 1676, 95 L.Ed.2d 127 (1987). Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. The district court determined that this conclusion was not an unreasonable application of federal law. Andrea Gorfolova. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. Select this result to view Peter Cantu's phone number, address, and more. 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. 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. Wasn't no pain. 84 Lumber. [THE STATE:] And how did he agree with them? Expressions of sympathy may be sent at www.schaetter.com. Nor does he argue that the charge given was inappropriate, only that it was incomplete. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. See Photos. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. Messages run for up to one year and you Thus, no egregious harm, if any harm at all, can be established. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. at 2608. Lived In Las . 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. We have already decided these issues adversely to appellant. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. 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. See Photos. denied, 490 U.S. 1102, 109 S.Ct. Point of error five is overruled. 1339, 113 L.Ed.2d 271 (1991). Thank you. Proc. Derrick Sean O'Brien was executed in July 2006. 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. Jester Park in Houston to participate in a gang initiation ritual. They decided to take a shortcut across the railroad tracks. 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. He said he was told repeatedly by Peter Cantu to "get some". Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 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). 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). Id. Points of error eighteen and nineteen are overruled. "He has matured remarkably," said Robin Norris, his appeals lawyer. FN11. FN10. 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. Height: 5' 06" HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. Media Advisory: Peter Cantu scheduled for execution. He. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. 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. 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. After the belt broke, the killers used her own shoelaces to finish their job. THE COURT: Yes, sir. at *24. 1. 315 followers. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: 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. 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. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. 946, 952 (5th Cir.2004) (emphasis added); cf. Cantu also confessed. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. They were kicked, teeth knocked out and hair pulled out and ribs broken. "Nah," Cantu replied. The Mexican-American community was outraged by the death and Torres's family demanded justice. He told Venancio to stay behind, saying he was "too little to watch." As we stated above in point of error twelve, when challenging the constitutionality of a statute: denied, 510 U.S. 997, 114 S.Ct. At this point, the Sandoval brothers decided that it was time to leave. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Court appeals to delay the punishment appeared exhausted. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Point of error twelve is overruled. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; * * * Weight: 135. 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. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. It affected more than just Melissa and me and Randy and Sandy.". 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. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. Point of error thirty-one is overruled. Follow. At least they probably have a daughter they can go home to," Stacey said. 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. Spare his life, please, ladies and gentlemen of the jury. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. 2023 Holmgreen Mortuary. We do not guarantee accuracy of information. FN3. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. [THE STATE:] They were all saying that? 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). 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. Roman told Cantu that he did not rape or kill girls. Ertman made the drive here four years ago for the first execution. Hell, no.". Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. If they hung all five of them, that would be a deterrent. denied, 516 U.S. 832, 116 S.Ct. Michelle Licon Cantu currently resides in Lubbock, Texas. 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. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. 2658, 125 L.Ed.2d 290 (1993). Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 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. The initiation involved fighting each member of the gang for a five- to ten- minute period. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Both men apologized for the crime in their last statements. Save my name, email, and website in this browser for the next time I comment. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. denied, 510 U.S. 1215, 114 S.Ct. Think about the ordeal of those two young girls right here. In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. A rational jury could not have concluded otherwise. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. His offenses escalated to car theft and an attempted stabbing. "Two beautiful young girls," Goode says. Point of error forty-two is overruled. Funeral Home website by. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. "He did a horrendous crime to these two girls and he deserved to die. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Medellin's DNA matched semen samples taken from Patricia's body. 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. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. denied, 492 U.S. 912, 109 S.Ct. Don't kill that child. Anderson v. State, supra, at 509-10. 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. 2382, 65 L.Ed.2d 392 (1980). In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Enter Think about how cold the man is, how cowardly he is, how cruel he is. Profile. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. 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.
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