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. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Proc. County of Offense: Harris
Tuesday he paid for it with his life. Pete will be remembered for his infectious laugh and loving personality. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct.
4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Yeah, yeah, I remember that. ^ D'Alessandro, Anthony (January 22, 2022). Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. 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. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). 74(f). Andrea Gorfolova.
We have already decided these issues adversely to appellant. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. FN2. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. Martinez was appellant's second witness at the punishment phase of trial. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Pete Cantu, 82. Jail. At this point, the Sandoval brothers decided that it was time to leave. 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. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. How they were mutilated, brutalized for perhaps as much as an hour. 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. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. Derrick Sean O'Brien was executed in July 2006. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Building Materials. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
[W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. * that appellant threatened to kill an officer of the law; and
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 Sheriff's Office. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. 2. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Cantu jumped out of the car and continued to run on foot, Hughes said. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. 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. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time.
In that case, a 27-year-old woman was found at a Houston park with her throat cut. Your email address will not be published. Pete Cantu.
He also parceled out the jewelry and money he took from the girls. Point of error forty-five is overruled. Pete Cantu. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert.
[THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Therefore, we hold the first prong is met as to each offense. [APPELLANT:] Excuse me, ma'am. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. 463rd murderer executed in Texas since 1976. 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 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. 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. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Failure To Object To Prosecution's Argument. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. on Especially the white chick, she looked good, huh, Junior? 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. Proc. In search of vegan food, I found a world-class Mendocino inn. All of the boys then took turns stomping on both girls' necks to make sure they were dead. We do not guarantee accuracy of information. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Finding no reversible error, we affirm the judgment of the trial court. The extraneous offenses that were admitted included:
Hence, his point presents nothing for our review.FN12 Tex.R.App. Pete Cantu. They decided to follow the railroad tracks that passed by T.C. 2.
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. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. (Habeas). In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. 16th murderer executed in Texas in 2010
Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. Refine Your Search Results. Lived In Las .
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.
Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. denied, 514 U.S. 1005, 115 S.Ct. A 14-year-old attacker was given a 40-year sentence. Application denied.
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. 2253(c)(2). Later Cantu and his accomplices were said to have joked about the brutal killings. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. 3230, 106 L.Ed.2d 578 (1989). One of the gang members grabbed Pena. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. (10:41 PM CDT, August 17, 2010). A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. Appellant's twenty-eighth point is overruled. Leave your condolences to the family on this memorial page or send flowers to show you care. Here's a full rundown of the teams, drivers, and their cars. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. 2052, 80 L.Ed.2d 674 (1984). Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. art. The initiation involved fighting each member of the gang for a five- to ten- minute period. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. Id. Points of error thirty-seven and thirty-eight are overruled. 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. Medellin's DNA matched semen samples taken from Patricia's body. A rational jury could not have found that appellant did not intend to kill the victim. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. Sheet Metal Worker. Jester Park at White Oak Bayou. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. He has declined to speak with reporters as his execution date neared. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. denied, 516 U.S. 946, 116 S.Ct. They alerted the police and posted fliers, but the girls were not found. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. At this point, the Sandoval brothers decided that it was time to leave. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. ), 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. Pleasanton Express Staff Pete Cantu in Texas. Nevertheless, such error is subject to a harm analysis. Holdings: The Court of Appeals held that:
See Seale v. State, 158 Tex.Crim. Cantu declined requests for interviews prior to his execution. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. This is a carousel. These arguments are unavailing. They said they would buy her some gas and get her on the road again if she did. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. 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. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. Associated Phone Numbers. At this point, Roman and Frank Sandoval decided to leave.
They had spent the evening drinking beer and then "jumping in" Raul. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. Maybe some satisfaction, but never closure.". She testified that appellant was friendly to her and never mistreated or was disrespectful to her. denied, 510 U.S. 905, 114 S.Ct. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct.
See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. Date Received: 03/18/94
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. He and other gang members also stood on the girls' necks to ensure they died. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. denied, 506 U.S. 999, 113 S.Ct. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. 2382, 65 L.Ed.2d 392 (1980). Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Pedro "Pete" Cantu, Jr. passed away at 7:00 a.m. on Tuesday, March 19, 2019, at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his loving family. 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.
However, we affirmed the original holding on appeal. 22 posts. 1997). Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. 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. When everyone was finished, Cantu told the boys to take the girls into the woods. BSCO is seeking any information on the two suspects shown in the video. your email below for our complimentary daily grief messages. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. There is no evidence that must be viewed by a juror as being per se mitigating. 2023 Holmgreen Mortuary. A clemency must be granted to Peter Cantu. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. 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. Several witnesses testified appellant had a history of violent behavior and offenses. He was friendly and never met a stranger. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez.
* that appellant threatened a woman and broke a window at her home;
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. Also gone is natural gas pioneer George Mitchell, who passed . Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. [THE STATE:] And how did he agree with them? Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. We likewise decline to undertake such a review in the instant case. [WITNESS:] He is just agreeing with them. What did he say? Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. ), cert. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). 2/4/09 -- The federal district court denied relief. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Id. Eight minutes later, he was dead. 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.) 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.
84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017.