View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas The district court determined that this conclusion was not an unreasonable application of federal law. Point of error thirty-four is overruled. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Pete T. Cantu Obituary Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. 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. 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 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. ), cert. He also parceled out the jewelry and money he took from the girls. All of the boys then took turns stomping on both girls' necks to make sure they were dead. 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. Elgin, Texas. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas We conclude that reasonable jurists would not disagree on this matter. 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. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. 3368, 73 L.Ed.2d 1140 (1982). In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. 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. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. All Rights Reserved. Appellant's fourteenth point of error is overruled. FN11. 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. Pleasanton Express Staff People named Pete Cantu. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . 2193, 109 L.Ed.2d 520 (1990). Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. denied, 516 U.S. 1021, 116 S.Ct. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 52(a). 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. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. If they hung all five of them, that would be a deterrent. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 (AP August 17, 2010). [APPELLANT:] May we have a running objection to the out of court statements, judge? Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. FN6. The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. Pedro Cantu (@pedro_cantu_97) Instagram photos and videos A tip led authorities to the bodies. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. Pete Cantu. With the final execution completed, Pena said the two murdered girls can finally have peace. The totality of appellant's argument and authorities is as follows: It's not a question of you killing this child. And finally, the prosecution closed by reiterating: See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. 2658, 125 L.Ed.2d 290 (1993). At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Pete Cantu in Texas. 155, 130 L.Ed.2d 94 (1994): * * * If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 Eight minutes later, he was dead. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Director 2 Credits. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. 2630, 2639, 129 L.Ed.2d 750 (1994). Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. See Lawton, supra; see also McFarland, supra. 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). Four of the other assailants were also convicted of capital murder and sentenced to death. As such, we hold that no error has been created by these events. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery "Just a bad, bad case.". 8. character evidence. * * *. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. 2/3/94 -- A jury found Cantu guilty of capital murder. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. denied, 514 U.S. 1005, 115 S.Ct. (Direct Appeal) at *24. 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. 55 (5th Cir. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Very brutal, very slow, tortured, a senseless killing. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Proc. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Appellant also gave two confessions. THE COURT: Yes, sir. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. Cantu also confessed. (806) 763-5556. Your email address will not be published. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Choose one of our three Metal Depot locations in Southeast Texas for all of . That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. They should have hung them. 2253(c)(1). 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. Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. Contractors DirectoryInformation on every contractor in United States. In this review, we do not attempt to determine what a particular jury subjectively believed. 2023 Holmgreen Mortuary. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: Please spare his life. "We could have put all of them in prison for life. 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. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). Point of error twenty is overruled. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. denied, 510 U.S. 829, 114 S.Ct. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). (10:41 PM CDT, August 17, 2010). FN8. The gang then drank beer and engaged in horseplay. 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? 2113, 147 L.Ed.2d 125 (2000) (emphasis added). [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 2052, 80 L.Ed.2d 674 (1984). the Art. 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. TEXAS PIPELINER Welder (STC) . Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. Peter Anthony Cantu #1224 Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. Pursuant to 28 U.S.C. The same objection was lodged with regard to the testimony of Joe Cantu. See Photos. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. 2187) (omission and alterations in original). Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. 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). Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. Think about the ordeal of those two young girls right here. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. Follow. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. See Photos. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. After Raul fought all of the members, he was welcomed into the gang. Agapito Cantu Obituary (2012) - Lubbock, TX - Lubbock Avalanche-Journal Sound rental, Band booking, Guitar and Bass lessons. 2193, 109 L.Ed.2d 520 (1990). Points of error one through four are overruled.FN3. "How can you forget something like this? 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.) shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. 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. The Mexican-American community was outraged by the death and Torres's family demanded justice. Proc. The boys boasted about the rapes and killings. Article 27.16 states that: Ertman was robbed of her rings, necklaces, and cash. Cantus execution was the third connected with the case. ** 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: In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. 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. 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. Spare his life, please, ladies and gentlemen of the jury. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Point of error thirteen is overruled. Point of error forty-five is overruled. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. 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. Associated Addresses. 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. He married Dominga Arizola in 1945. Specifically, appellant complains of the following argument: PEDRO CANTU - Pleasanton Express Messages run for up to one year and you Pete will be remembered for his infectious laugh and loving personality. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. [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. Three dozen supporters cheered as the families emerged after the execution. FN1. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; Texas Metal - Full Cast & Crew - TV Guide Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. This version went into effect September 1, 1991. AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Martinez was appellant's second witness at the punishment phase of trial. DMCA NoticesNewspaper web site content management software and services. 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. 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. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. 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. 2658, 125 L.Ed.2d 290 (1993). Point of error forty-two is overruled. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . The initiation involved fighting each member of the gang for a five to ten minute period. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. 81(b)(2) I concur in overruling the point. denied, 515 U.S. 1105, 115 S.Ct. He was pronounced dead at 6:17 p.m. The police searched the park without finding anything. Derrick Sean O'Brien was executed in July 2006. The failure to assign a burden of proof on the mitigation issue (or to place the burden on the defendant) does not render the scheme unconstitutional. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. Specific examples of these statements include the following: [from C. Cantu's testimony] The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia 17. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Use Next and Previous buttons to navigate. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks.