Cantu then parceled out jewelry and money he had taken from the girls. 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. We do not guarantee accuracy of information. ), cert. Later Cantu and his accomplices were said to have joked about the brutal killings. @pete.cantu.777. Cantu did not make a final statement. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. The police searched the park without finding anything. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. 2/4/09 -- The federal district court denied relief. See Photos. denied, 501 U.S. 1259, 111 S.Ct. Fans of Texas Metal have seen the work of Heath Moore. Viva Cristo Rey! The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. Both wree sexually assaulted by the gang members, beaten, and strangled. * that appellant threatened another student's father, saying that he wanted to kill him; 1978, 131 L.Ed.2d 866 (1995). Cantu was the final of three men condemned to die for the murders. [WITNESS:] [Appellant], Joe, Junior and Raul. Date of Offense: 06/24/93 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. Don't kill that child. He lasted through three fights before briefly losing consciousness. Medellin's DNA matched semen samples taken from Patricia's body. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. Point of error twenty-nine is overruled. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. We likewise decline to undertake such a review in the instant case. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Appellant further 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. Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. 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. We conclude that reasonable jurists would not disagree on this matter. 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. For the foregoing reasons, Cantu's application for a COA is DENIED. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. 1997). Jester Park at White Oak Bayou. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. Appellant cites no authority for why he should have been entitled to such an instruction. Four of the other assailants were also convicted of capital murder and sentenced to death. She's been a part of the famous Texas Metal cast since the beginning. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". 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. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. They then used Ertman's shoelaces to finish strangling her. 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. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas Derrick Sean O'Brien was executed in July 2006. Hell, no.". The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. Proc. All Rights Reserved. Owner at Last Note Productions. Cantu was the 16th person to be put to death by the state of Texas this year. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: 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 sentence of life imprisonment rather than a death sentence be imposed. 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 argument centers around the concept that aggravating circumstances must be adequately defined for the jury. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). To this day, Houstonians remember the girls' names and what happened to them. As that Court stated: Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. 17. at 2606-07. 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. That's what they're doing; they're arguing nothing. Race: White [WITNESS:] Yes. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. Affirmed. Michelle is 51 years old and was born on February 1971. The district court determined that the state court's conclusion was not an unreasonable application of federal law. Jester Park in Houston to participate in a gang initiation ritual. Such victim impact statements, as they are called, are now commonplace. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. BCSO spokesman Roseanne Hughes. Section 2(f)(4) stated: He married. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. [WITNESS:] He is just agreeing with them. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . "It's a little late," Ertman said. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. FN3. 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; 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. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Point of error twenty-two is overruled. FN1. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 81(b)(2) I concur in overruling the point. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Gaddis, supra, at 398. 2193, 109 L.Ed.2d 520 (1990). He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Instagram Contact Us Check out some new shirts! We hold this requisite to be applicable to non-psychiatric experts as well. 2658, 125 L.Ed.2d 290 (1993). Some carried signs but none chanted or spoke loudly. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 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 district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. 724, 735-36 (5th Cir.2005). In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. In this review, we do not attempt to determine what a particular jury subjectively believed. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Id. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . FN2. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. They were kicked, teeth knocked out and hair pulled out and ribs broken. 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. The plea of not guilty may be made orally by the defendant or by his counsel in open court. Proc. Know more about Cantu Roofing? Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. The initiation involved fighting each member of the gang for a five- to ten- minute period. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. 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.) 2914, 115 L.Ed.2d 1078 (1991); Tex. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. She screamed. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Open it up, look at it. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. Point of error forty-five is overruled. Proc. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. 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. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Two members also have been executed and two others are serving life prison sentences. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. denied, 510 U.S. 1215, 114 S.Ct. 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. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. They should have hung them. See Photos. FN4. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. 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. Education: GED at 49. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Your email will not be used for any other purpose. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. denied, 506 U.S. 999, 113 S.Ct. denied, 513 U.S. 853, 115 S.Ct. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. 3230, 106 L.Ed.2d 578 (1989). Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". [APPELLANT:] Excuse me, ma'am. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. 2052. denied, 506 U.S. 942, 113 S.Ct. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. Sheet Metal Worker. WebPete Cantu was born on April 9, 1914. Pete will be remembered for his infectious laugh and loving personality. Points of error thirty-seven and thirty-eight are overruled. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. See Photos. Barnes, 876 S.W.2d at 322. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. He was frustrated that he had been the one who was unable to fight Raul. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. 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. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. ", Even now, both families say there is no closure. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. 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Nine minutes later, he was dead. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. 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. 102 East 50th Lubbock TX 79404. It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. Article continues below advertisement. 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. Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. 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.
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