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.
Proc. "At least some of the scumbags are dead. 1997). 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. Four of the other assailants that night were also convicted of capital murder and sentenced to death. denied, 510 U.S. 997, 114 S.Ct. We therefore deny a COA on this issue. Texas Execution Information Center by David Carson. "How can you forget something like this? 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. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. "They are still in our hearts and prayers.". If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court.
In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. 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). 155, 130 L.Ed.2d 94 (1994):
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. Tuesday he paid for it with his life. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. "Theres no way to ever get closure from this. 705 (1992). 927 (1908). This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. Maybe some satisfaction, but never closure.". Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. denied, 507 U.S. 975, 113 S.Ct. 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. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Point of error thirty-six is overruled. Resides in Laredo, TX. ), cert. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. 2. All of his subsequent appeals in state and federal court were denied. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said.
It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present.
The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel.
174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. . The jury's finding of guilt satisfied Tison and Enmund. at 2609. Messages run for up to one year and you 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. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. 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. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. Cantu then parceled out jewelry and money he had taken from the girls. Point of error seven is overruled. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. We would like to offer our sincere support to anyone coping with grief.
The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. 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. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. 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). In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. [APPELLANT:] May we have a running objection to the out of court statements, judge? (Habeas). After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. ), cert. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Several of Ertman's ribs were broken from being kicked.
Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. 2253(c)(1). Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge:
Both expressed regret for their role in the killings. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. 74(f). Cantus execution was the third connected with the case. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. 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 Sheriffs Office. 724, 735-36 (5th Cir.2005). Roofing, Home Builders, Additions, Home Theaters, General Contractors. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Yeah, yeah, I remember that. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Lived In Las . Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. This guy is more than just a car's outer appearance. to the family or plant a tree 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. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Tex.R.App.Proc. C. Texas's Mitigating Evidence Instruction. 1317, 131 L.Ed.2d 198 (1995). 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. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward;
The plea of not guilty may be made orally by the defendant or by his counsel in open court. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. On death row, Cantu, now 35, was classified among the best-behaving inmates. Appellant is incorrect. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. * * *
He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. ADDITIONAL LINKS A rational jury could not have found that appellant did not intend to kill the victim. 2009). To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Pete will be remembered for his infectious laugh and loving personality. If they hung all five of them, that would be a deterrent. Peter Anthony Cantu (AP Photo/Texas Dept. denied, 492 U.S. 912, 109 S.Ct. Penal Code Ann. 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 married Dominga Arizola in 1945. Find your friends on Facebook. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 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. 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. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. 2630, 2639, 129 L.Ed.2d 750 (1994).
THE COURT: Yes, sir. Does that cause the defendant's behavior? ), cert. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. 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. ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: Jester Park at White Oak Bayou. at *24. 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. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg.
In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. * * *
Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. pete cantu texas metal. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. These factors are also helpful in this Court's evaluation of this question. Tex. In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. We disagree. He was frustrated that he had been the one who was unable to fight Raul. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. 2254(d). Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Cantu jumped out of the car and continued to run on foot, Hughes said. 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. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). Appellant asked for a running objection as to this line of questioning. 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. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her.
Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. Article 37.071 2(h). He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Hell, no.". PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. 28 U.S.C. Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. A tip led authorities to the bodies. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? ), cert. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. Now [defense counsel], I don't blame him. denied, 506 U.S. 999, 113 S.Ct. Rule App. "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. Barnes, supra.
Associated Addresses. They decided to follow the railroad tracks that passed by T.C. See Photos. 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 [. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. He was friendly and never met a stranger. Does she have blond hair?!!?" 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Situando a esta The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. ^ D'Alessandro, Anthony (January 22, 2022). Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. [THE STATE:] They were all saying that? The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. 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. 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:
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. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. We have already decided these issues adversely to appellant. In this review, we do not attempt to determine what a particular jury subjectively believed. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. "Three of the animals that did this are gone. 2253(c), Cantu now seeks from this court a certificate of appealability. Christina subsequently convinced her husband to report the incident to the police. 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. [WITNESS:] I did that. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. 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. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? The Mexican-American community was outraged by the death and Torres's family demanded justice. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. 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. Pedro Cantu. FN5.
Some of the girls' jewelry was recovered from his bedroom. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. They then used Ertman's shoelaces to finish strangling her. Location: Houston, TX. ), cert. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. This is a carousel.
After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. [WITNESS:] He just said, I did that, too. FN12. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. The inexplicable act of random predation struck a chord among city residents as few other cases. 81(b)(2). Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. The charge given was as follows:
'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. 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. 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. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Point of error forty-one is overruled. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Pete will be remembered for his infectious laugh and loving personality. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? 65,334-01, 2006 WL 3692646 (Tex.Crim.App.