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600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). 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. Does she have blond hair?!!?" The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Point of error forty-two is overruled. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. 2023 Holmgreen Mortuary. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. The boys boasted about the rapes and killings. Ex parte Cantu, No. Jester Park at White Oak bayou. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. 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. FN6. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Please submit missing details you may have. We held: Does it rise to that level? Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. 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. FN7. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. This we decline to do. at 688, 690, 104 S.Ct. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. 2/3/94 -- A jury found Cantu guilty of capital murder. Look up Pete Cantu's phone number, home address, email address, and other personal information. 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.) Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. "Parents always worry about their kids, especially their daughters.". Keller and Womack, JJ., concurred in part, and concurred in result in part. 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. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. * that appellant made threats at a hospital and in jail. 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. Point of error forty-five is overruled. We discern no harm to appellant in the present case by the trial court's statement that appellant had entered a plea of not guilty, and appellant has shown us none. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. Sheet Metal Worker. Deputies chased the vehicle until it broke down at F.M. 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. 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. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. 55 (5th Cir. 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. 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. [WITNESS:] He just said, I did that, too. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. Tex.R.App. Date of Offense: 06/24/93 They first passed by Roman and Frank Sandoval without incident. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. 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. Point of error thirty-four is overruled. "Its good that they wont be forgotten," Frausto said. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. At least they probably have a daughter they can go home to," Stacey said. Point of error forty-three is overruled. 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. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: He has a whole business dedicated to handmade car interiors. ", Even now, both families say there is no closure. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". Fans of Texas Metal have seen the work of Heath Moore. FN2. Section 2(f)(4) stated: Make a life-giving gesture Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows: 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. 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. 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. Elgin, Texas. She had been stabbed and slashed in the abdomen, throat and back and strangled. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. 1871, 128 L.Ed.2d 491 (1994). 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. 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. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. Native County: Harris The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. "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. [WITNESS:] [Appellant], Joe, Junior and Raul. Pete Cantu. "He's a guy who fully accepts his responsibility.". Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. 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. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. 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 Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. [APPELLANT:] Excuse me, ma'am. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. "I told him to stick it. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. He was frustrated that he had been the one who was unable to fight Raul. Fitness Professional Online at Xecute Fit. These arguments are unavailing. He married Dominga Arizola in 1945. denied, 492 U.S. 912, 109 S.Ct. 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. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. Several dozen people showed up outside the Walls Unit in support of the families and the execution. I love you too Pete, may you find peace wherever you are, finally you are free. Medellin said that they "had fun" and that their activities would be seen on the TV news. 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. Ayesha Gani. the Art. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 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. "Nah," Cantu replied. As that Court stated: 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. 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. denied, 510 U.S. 919, 114 S.Ct. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. For the following reasons, we decline to issue a COA on any of those issues. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . 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. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Application denied. "I had no idea they would be coming to this." Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Proc. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. Education: GED See Woods, 75 F.3d at 1039. 315 followers. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. denied, 507 U.S. 975, 113 S.Ct. Later Cantu and his accomplices were said to have joked about the brutal killings. Her family was present at his trial for the June murders. 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. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. All of the boys then took turns stomping on both girls' necks to make sure they were dead. After unsuccessfully appealing his conviction . 2630, 129 L.Ed.2d 750 (1994). He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. Cantu then parceled out jewelry and money he had taken from the girls. 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. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. "Two beautiful young girls," Goode says. 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. ), cert. We do not guarantee accuracy of information. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. denied, 495 U.S. 940, 110 S.Ct. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. Log In. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. [THE STATE:] And how did he agree with them? Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Three dozen supporters cheered as the families emerged after the execution. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. 2. Associated Addresses. 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. He was friendly and never met a stranger. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. denied, 506 U.S. 999, 113 S.Ct. "I was the last parent to have seen them," she said. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. Ha-ha. When everyone was finished, Cantu told the boys to take the girls into the woods. [THE STATE:] Who said we had to kill them? 1756, 95 L.Ed.2d 262 (1987). 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. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. 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. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. The break in solving the case came from, of course, the 911 call. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. 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. 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.

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