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Point of error eight is overruled. They should have hung them. For the following reasons, we decline to issue a COA on any of those issues. This scheme does not create the paradoxical commands of concern to Justice Blackmun. 74(f). * that appellant made threats at a hospital and in jail. 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. See Seale v. State, 158 Tex.Crim. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on Michelle Licon Cantu currently resides in Lubbock, Texas. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 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. Pedro Cantu. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. The sixth was convicted as a juvenile and is serving a 40-year prison term. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. BSCO is seeking any information on the two suspects shown in the video. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. 2253(c)(2). Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . [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? "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. 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. 2658, 125 L.Ed.2d 290 (1993). Focus for the victims' families now turns to the remaining three killers. denied, 495 U.S. 940, 110 S.Ct. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. Viva Cristo Rey! Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX "Parents always worry about their kids, especially their daughters.". Does that cause the defendant's behavior? Spare his life, please, ladies and gentlemen of the jury. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown 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. Archived from the original on June 2, 2022. Now, Cantu seeks a COA on five of the issues he raised below. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. We will affirm. FN12. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. 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). Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. TEXAS PIPELINER Welder (STC) . 1029, 154 L.Ed.2d 931 (2003). Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. He did not look toward the witnesses and made no last statement. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. This we decline to do. 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. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 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. 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. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? ), cert. For the foregoing reasons, Cantu's application for a COA is DENIED. At 6:09 p.m., lethal injection drugs entered Cantu's body. "He did a horrendous crime to these two girls and he deserved to die. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Four days after the murders, Christina Cantu convinced her husband to call the police. denied, 510 U.S. 1215, 114 S.Ct. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. See Lawton, supra. Id. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Jose Medellin was executed in August 2008. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. 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. denied, 490 U.S. 1102, 109 S.Ct. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. Andrea Gorfolova. Other cast members of the show are Spot and John. 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. After Raul fought all of the members, he was welcomed into the gang. Don't kill that child. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. Cantu was the final of three men condemned to die for the murders. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. That's what they're doing; they're arguing nothing. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. 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.. FN6. Evid. In this regard, this point is inadequately briefed and presents nothing for our review. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. In his fifth point of error, appellant complains that the trial court erred in overruling his objection to the prosecutor's argument that the jury had to find a nexus between the defense evidence and the crime before they could consider it mitigating. He didn't go into details. 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. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. I'd do the same thing if I was in his position. "At least some of the scumbags are dead. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Affirmed. See Heitman, supra. 401 and therefore irrelevant in the context of the special issues under Art. Article 27.16 states that: Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. After Raul fought all of the members, he was welcomed into the gang. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. Gender: Male 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). I'm not going to show it to you. denied, 492 U.S. 912, 109 S.Ct. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. 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. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. He remains in custody as of this writing. Forbes 400: The Richest People In Texas, 2017 However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. THE COURT: Yes, sir. "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. Location: Houston, TX. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. 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. Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder They were forced to perform oral sex. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. 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. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Does it justify it? In search of vegan food, I found a world-class Mendocino inn. Houston's deadliest day: A string of mayhem and the families left behind Petitioner filed application for certificate of appealability (COA). See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. However, we reaffirmed the original holding on appeal. The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. 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. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Proc. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Tex.R.App. 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. Work history: Acw Specialties Sheet Metal Worker. 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. Estimate Request Form His offenses escalated to car theft and an attempted stabbing. Keller and Womack, JJ., concurred in part, and concurred in result in part. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. Copyright 2018 - 2023 PLEASANTON EXPRESS. Appellant's thirty-ninth and fortieth points of error are overruled. March 11, 2019. Although the record reveals that several of the statements complained of were made before appellant arrived at the house, similar statements were still being expressed when he did arrive. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). Infamous Houston Murders Still Shock After Decades | Houston Press said Gloria Rubac, a death penalty abolitionist. After the belt broke, the killers used her own shoelaces to finish their job. FN9. Derrick Sean O'Brien was executed in July 2006. Point of error thirty-four is overruled. 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 parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. Hell, no.". 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. Owner at Last Note Productions. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. Sheet Metal Worker. 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. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. The extraneous offenses that were admitted included: Obituary for Pete T. Cantu | Holmgreen Mortuary In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. 55 (5th Cir. At T.C. Cantu declined requests for interviews prior to his execution. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. He has a whole business dedicated to handmade car interiors. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. ADDITIONAL LINKS 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. The gang then drank beer and engaged in horseplay. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. Tex.R.App. . Not soon enough. denied, 513 U.S. 1021, 115 S.Ct. Find your friends on Facebook. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs.