Gender: Male . In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. 74(f). As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. 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). 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. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. 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. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. at 2609. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. The jury's finding of guilt satisfied Tison and Enmund. The victims' families attended the execution, but no one attended on his behalf. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. ), cert. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Cantu v. Quarterman, 341 Fed.Appx. Holdings: The Court of Appeals held that: Director 2 Credits. Point of error seven is overruled. A rational jury could not have found that appellant did not intend to kill the victim. 2/4/09 -- The federal district court denied relief. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Cantu was the final of three men condemned to die for the murders. at 688, 690, 104 S.Ct. The boys then began strangling the girls. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) After Raul fought all of the members, he was welcomed into the gang. Gaddis, supra, at 398. 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. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take 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 (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Point of error thirty-four is overruled. 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. ), cert. 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. 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. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Retrieved June 3, 2022. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. 2726, 33 L.Ed.2d 346 (1972). 8. character evidence. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. ^ D'Alessandro, Anthony (January 22, 2022). The Mexican-American community was outraged by the death and Torres's family demanded justice. Date of Birth: 05/27/75 The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. 2597, 115 L.Ed.2d 720 (1991). Both expressed regret for their role in the killings. Additionally, through the work of Houston crime victims advocate Andy Kahan, the case led to statewide policy changes giving crime victims and their families more of a voice in the criminal justice process. denied, 492 U.S. 912, 109 S.Ct. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. 680 following. can stop at any time. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. Your email address will not be published. denied, 512 U.S. 1246, 114 S.Ct. at *24. Patrick Myatt . [WITNESS:] Yes. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. ", Even now, both families say there is no closure. On June 24, 1993, the girls spent the day together and then died together. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. This scheme does not create the paradoxical commands of concern to Justice Blackmun. The third man was given 40 years in prison and is eligible for parole. Proc. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. Peter Cantu confessed to the murders at the time of his arrest. Location: Houston, TX. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Thank you. People named Pete Cantu. Points of error twenty-five through twenty-seven are overruled. 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. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. To send flowers Point of error eight is overruled. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. He was friendly and never met a stranger. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 * that appellant attacked a sixth grade teacher; Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. Several of Ertman's ribs were broken from being kicked. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. Nine minutes later, he was dead. Hence, his point presents nothing for our review.FN12 Tex.R.App. The crime was committed on or about June 24, 1993. Very brutal, very slow, tortured, a senseless killing. denied, 510 U.S. 1215, 114 S.Ct. Proc. He was pronounced dead at 6:17 p.m. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Appellant objected that this was improper impeachment on a collateral matter. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. Deputies chased the vehicle until it broke down at F.M. Nelson, supra, at 498. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. This is a carousel. This version went into effect September 1, 1991. Rule App. [WITNESS:] He just said, I did that, too. Cantu's family did not attend his killing. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. 2658, 125 L.Ed.2d 290 (1993). Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. 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. Michelle Licon Cantu currently resides in Lubbock, Texas. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. 1871, 128 L.Ed.2d 491 (1994). After the assault, the gang took the girls into the woods and strangled them. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. ), cert. Roman told Cantu that he did not rape or kill girls. Id. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. 2556, 135 L.Ed.2d 1074 (1996). And then ask yourself another question. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. 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. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. If they hung all five of them, that would be a deterrent. "It does make a little difference. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. The district court determined that the state court's conclusion was not an unreasonable application of federal law. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. At this point, the Sandoval brothers decided that it was time to leave. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. Pete Cantu. 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. Point of error twenty-nine is overruled. Look up Pete Cantu's phone number, home address, email address, and other personal information. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. FN12. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Profile. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. to the family or plant a tree Her family was present at his trial for the June murders. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. 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. 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. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. After Raul fought all of the members, he was welcomed into the gang. See Free v. Peters, 19 F.3d 389 (7th Cir. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Tex.R.App. Indeed, we have rejected this argument recently. 596, 111 S.W. Associated Phone Numbers. Jail. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Appellant asked for a running objection as to this line of questioning. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. "They left my house and they were supposed to go home," Rios said. [THE STATE:] And how did he agree with them? 2187) (omission and alterations in original). Point of error twenty-four is overruled. 2023 Holmgreen Mortuary. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found.
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