However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. * * * The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. 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). They were kicked, teeth knocked out and hair pulled out and ribs broken. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. at 2606-07. 2. Sound rental, Band booking, Guitar and Bass lessons. 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. Resides in Laredo, TX. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. At age 11, he got caught stealing a bike from a younger boy. Owner at Last Note Productions. The gang then drank beer and engaged in horseplay. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. See Photos. 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. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) 2630, 129 L.Ed.2d 750 (1994). 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. Native County: Harris Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. He has a whole business dedicated to handmade car interiors. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Points of error one through four are overruled.FN3. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. After unsuccessfully appealing his conviction . Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. We likewise decline to undertake such a review in the instant case. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. He said he was told repeatedly by Peter Cantu to "get some". Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. 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. * that appellant threatened another student's father, saying that he wanted to kill him; At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. 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. Derrick Sean O'Brien was executed in July 2006. 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. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 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. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Appellant's fourteenth point of error is overruled. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. Jose Medellin was executed in August 2008. Section 2(f)(4) stated: Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. All data is collected from public records. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. denied, 513 U.S. 967, 115 S.Ct. * * * According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Yeah, yeah, I remember that. 7. psychiatric evidence; and Point of error forty-one is overruled. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Medellin's DNA matched semen samples taken from Patricia's body. 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. 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. Please submit missing details you may have. said Gloria Rubac, a death penalty abolitionist. Cantu v. Quarterman, No. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. [WITNESS:] Yes. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". ), cert. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. Pleasanton Express Staff Rousseau, 855 S.W.2d at 687, n. 26. This is a carousel. 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. 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. 2765, 129 L.Ed.2d 879 (1994). Jester Park at White Oak Bayou. This version went into effect September 1, 1991. Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. See Heitman, supra. Race: White Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. They should have hung them. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Jester, both busy streets. 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. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. 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. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Three dozen supporters cheered as the families emerged after the execution. denied, 510 U.S. 829, 114 S.Ct. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." ), cert. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. Id. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. "How can you forget something like this? The district court determined that the state court's conclusion was not an unreasonable application of federal law. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. Tex.Code Crim. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Appellant has provided no reason why the situation should be different in Texas. 'It's ridiculous. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Points of error thirty-seven and thirty-eight are overruled. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. Citations: A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Jester Park. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. 3230, 106 L.Ed.2d 578 (1989). 2556, 135 L.Ed.2d 1074 (1996). Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. ), cert. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. "Maybe some satisfaction, but no closure.". Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. denied, 510 U.S. 997, 114 S.Ct. 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. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Both expressed regret for their role in the killings. 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 Cantus bedroom. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Point of error twenty-four is overruled. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. We think about those girls every day. Date of Offense: 06/24/93 "I had no idea they would be coming to this." 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. 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". Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. 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. 2954, 57 L.Ed.2d 973 (1978). at 2608. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 A rational jury could not have concluded otherwise. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . art. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 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. Enter Ertman made the drive here four years ago for the first execution. These arguments are unavailing. All of his subsequent appeals in state and federal court were denied. 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. They said they would buy her some gas and get her on the road again if she did. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. (806) 763-8400. Associated Phone Numbers. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. Pete Cantu. "It does make a little difference. In this regard, this point is inadequately briefed and presents nothing for our review. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. Not soon enough. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Pete Cantu. 2726, 33 L.Ed.2d 346 (1972). 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. 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. 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. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. ), cert. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. 1978, 131 L.Ed.2d 866 (1995). On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. at 336, 123 S.Ct. Situando a esta H-07-CV-3016, 2009 WL 275172 (S.D.Tex. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. * that appellant attacked a sixth grade teacher; Appellant argues, in essence, that the prosecutor misstated the law. Appellant then parceled out jewelry and money he had taken from the girls. The pertinent part of Article 37.071 2(a) reads: 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. "Theres no way to ever get closure from this. 2052, 80 L.Ed.2d 674 (1984). Proc. Pursuant to Tex. [WITNESS:] He is just agreeing with them. Holdings: The Court of Appeals held that: 8. character evidence. 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. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? 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. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. 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. THE COURT: Overruled. Does she have blond hair?!!?" Especially the white chick, she looked good, huh, Junior? The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. 71,557, slip op. 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. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Cantu was described as the leader of small gang known as the Black and Whites. denied, 516 U.S. 946, 116 S.Ct. 433, 130 L.Ed.2d 345 (1994). After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. It was traced to the home of the brother of one of the men later sentenced to death for these murders.
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