They have also lived in Marion, TX. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. No, not in the least. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. "They are still behind us. "At least some of the scumbags are dead. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. 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. We will address the points as they are presented to us. FN12. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Cantu v. Quarterman, 341 Fed.Appx. As that Court stated: However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. 2253(c), Cantu now seeks from this court a certificate of appealability. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. 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. Pedro Cantu. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. FN1. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. We likewise decline to undertake such a review in the instant case. ), cert. 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. 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. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. 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. (10:41 PM CDT, August 17, 2010). The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. Anderson v. State, supra, at 509-10. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Ex parte Cantu, No. Article 37.071 2(h). County of Offense: Harris Point of error twelve is overruled. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Police traced the 911 call to the Cantu home, and Joe passed on what he knew. Hence, his point presents nothing for our review.FN12 Tex.R.App. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. pete cantu texas metal. @pete.cantu.777. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. 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. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. Barnes, 876 S.W.2d at 322. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. The phone transferred the photos to her online account, and she shared them on Facebook. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. Overstreet, J., filed concurring and dissenting opinion. Please submit missing details you may have. BSCO is seeking any information on the two suspects shown in the video. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. WebPete Cantu was born on April 9, 1914. [WITNESS:] Yeah. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. Choose one of our three Metal Depot locations in Southeast Texas for all of . at 2606-07. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. 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. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 1224th murderer executed in U.S. since 1976 Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 2. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. The boys then began strangling the girls. The attackers confessed and at times seemed indifferent to the charges against them. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. [WITNESS:] He is just agreeing with them. 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. Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. 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. 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. As their midnight curfew approached, they discussed the fastest route to Pena's home. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. denied, 495 U.S. 940, 110 S.Ct. art. These arguments are unavailing. On June 24, 1993, the girls spent the day together and then died together. There is no reason to treat such evidence differently than other relevant evidence is treated. the Art. That's what they're doing; they're arguing nothing. Proc. 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. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. The boys then ran after the girls and grabbed them. He did not look toward the witnesses and made no last statement. See Sonnier, supra. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. 17. 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. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. No additional information for Cantu Roofing yet. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. Look up Pete Cantu's phone number, home address, email address, and other personal information. 5. the defendant's age and personal circumstances at the time of the offense; After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. The bodies were found six days later after Cantus brother, using an alias, phoned police. 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. Why kill when we know that sometimes we don't get it right?" denied, 516 U.S. 843, 116 S.Ct. "Its good that they wont be forgotten," Frausto said. [Emphasis in original.] at 688, 690, 104 S.Ct. Your email address will not be published. 37.071, 2(e)(1) (1991). He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). 2914, 115 L.Ed.2d 1078 (1991); Tex. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. 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. He was friendly and never met a stranger. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Martinez was appellant's second witness at the punishment phase of trial. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. 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. 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? [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. ", Even now, both families say there is no closure. * * * In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. ), cert. When the rapes finally ended, the horror was not over. All of his subsequent appeals in state and federal court were denied. See Lawton, supra. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. Visit Website. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . denied, 510 U.S. 919, 114 S.Ct. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. FN2. 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. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. Over the years, Rios regularly asks what else she might have done to prevent their deaths. 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. 2187) (omission and alterations in original). After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. Pete Cantu. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Points of error one through four are overruled.FN3. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. 2658, 125 L.Ed.2d 290 (1993). Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. 2934, 106 L.Ed.2d 256 (1989). I'm not going to show it to you. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. 2658, 125 L.Ed.2d 290 (1993). Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." What did he say? Required fields are marked *. 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. * * * 1676, 95 L.Ed.2d 127 (1987). The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. We have previously addressed and rejected this contention. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. Cantus execution was the third connected with the case. Provide a detailed review of this contractor: ** 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, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. FN6. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. Date of Birth: 05/27/75 The law should be provided by the trial court in the jury charge, not by questioning the witnesses. This we decline to do. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Pursuant to 28 U.S.C. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. denied, 495 U.S. 940, 110 S.Ct. Building Materials. A brief summary of the facts will be helpful. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. 2052. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. 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. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. The inexplicable act of random predation struck a chord among city residents as few other cases. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. Pleasanton Express Staff The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: denied, 492 U.S. 912, 109 S.Ct. After Raul fought all of the members, he was welcomed into the gang. said Gloria Rubac, a death penalty abolitionist. 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. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. This guy is more than just a car's outer appearance. 2(f)(4). Think about the ordeal of those two young girls right here. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Log in or sign up for Facebook to connect with friends, family and people you know. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Id. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. * * * However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. [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? However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. 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. The families hope to keep him in jail for his entire sentence, of which he has served almost half. In point of error eight, appellant asserts that the trial court erred in admitting victim impact evidence. Specifically, he avers that because the indictment only named Ertman, allowing victim impact evidence (or any other evidence) regarding Pena was error. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Id. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right.

Why Does Sperm Come Out With Urine In Female, Articles P