"I was the last parent to have seen them," she said. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. at 694, 104 S.Ct. All of the boys then took turns stomping on both girls' necks to make sure they were dead. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. They decided to follow the railroad tracks that passed by T.C. She walked to a nearby convenience store, and called someone to come and help her. 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. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. Pursuant to 28 U.S.C. 724, 735-36 (5th Cir.2005). Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. 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. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Does it justify it? Specifically, appellant requested the following instructions: The court overruled his objection. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 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. He said he was told repeatedly by Peter Cantu to "get some". C. Texas's Mitigating Evidence Instruction. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. can stop at any time. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage. See Photos. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. 1978, 131 L.Ed.2d 866 (1995). Keller and Womack, JJ., concurred in part, and concurred in result in part. 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. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 1317, 131 L.Ed.2d 198 (1995). 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Medellin's DNA matched semen samples taken from Patricia's body. Finding no reversible error, we affirm the judgment of the trial court. Media Advisory: Peter Cantu scheduled for execution. 2253(c)(1). 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). at 2609. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Several dozen people showed up outside the Walls Unit in support of the families and the execution. Occupation: Laborer 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. All Rights Reserved. FN12. 284, 126 L.Ed.2d 234 (1993). Texas Execution Information Center by David Carson. There is no reason to treat such evidence differently than other relevant evidence is treated. We object to the out of court statements of these co-defendants that we can't confront and cross examine. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. denied, 495 U.S. 940, 110 S.Ct. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. Elgin, Texas. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. We held: In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. (Page 2) We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Citations: Some carried signs but none chanted or spoke loudly. Wasn't no pain. Leave your condolences to the family on this memorial page or send flowers to show you care. They were forced to perform oral sex. 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. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. The same objection was lodged with regard to the testimony of Joe Cantu. 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. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. Appellant then requested and received an instruction to the jury to disregard the comment. The police were sent to the scene and searched the park without finding anything. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. He has declined to speak with reporters as his execution date neared. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. ADDITIONAL LINKS 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. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. 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. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. 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 Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . See Free v. Peters, 19 F.3d 389 (7th Cir. Appellant raises forty-five points of error. After Raul fought all of the members, he was welcomed into the gang. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. We disagree. Read more about the life story of Pete and share your memory. Ertman was robbed of her rings, necklaces, and cash. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 2630, 129 L.Ed.2d 750 (1994). And 17 years later he died not soon enough. Hence, his point presents nothing for our review.FN12 Tex.R.App. He married. Every memory left on the online obituary will be automatically included in the book. It affected more than just Melissa and me and Randy and Sandy.". First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. (Aug. 17, 2010, 10:41PM). | At 6:09 p.m., lethal injection drugs entered Cantu's body. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. She bought the beer and went with the group, unwittingly heading to her death. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. 74(f). Robertson, supra. 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. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. (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; In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. 600, 121 L.Ed.2d 537 (1992). ), cert. 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. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Id. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. 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. Points of error one through four are overruled.FN3. Cantu also confessed. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: 3230, 106 L.Ed.2d 578 (1989). denied, 492 U.S. 912, 109 S.Ct. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. To send flowers 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. 1997). 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. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. All Filters. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 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. See Free v. Peters, 806 F.Supp. denied, 510 U.S. 919, 114 S.Ct. FN2. Date of Offense: 06/24/93 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? 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. (AP August 17, 2010). ^ D'Alessandro, Anthony (January 22, 2022). I love you too Pete, may you find peace wherever you are, finally you are free. * * * 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. 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. "He deserved to die, and 17 years later he died. Cantu declined requests for interviews prior to his execution. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. 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. denied, 492 U.S. 912, 109 S.Ct. 2. 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. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. denied, 506 U.S. 942, 113 S.Ct. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). Your email address will not be published. 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. Appellant alleges that this denial violated the Eighth Amendment. Follow. on [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. Required fields are marked *. Ertman made the drive here four years ago for the first execution. During this arraignment, the State read the indictment, and the court asked appellant how he pled. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. Your email address will not be published. "Its good that they wont be forgotten," Frausto said. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. denied, 499 U.S. 932, 111 S.Ct. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. We have already decided these issues against appellant. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. * * * 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.
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