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Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. County of Offense: Harris Date of Birth: 05/27/75 Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. 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. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. February 19, 2014. See Photos. ), cert. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. 2052. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Date Received: 03/18/94 She testified that appellant was friendly to her and never mistreated or was disrespectful to her. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. ), cert. Information on every contractor in United States. 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. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Native County: Harris [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. Pete Cantu (1914 - 1980) - El Cerrito, California. 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. FN3. "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. 2213, 2223-24, 60 L.Ed.2d 777 (1979). To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. (internal quotation marks omitted). In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Moore v. State, supra at 128, 128-09). On June 24, 1993, the girls spent the day together and then died together. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. ^ D'Alessandro, Anthony (January 22, 2022). Finally, Cantu robbed Ertman of her rings, necklaces, and cash. 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. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . Feb.4, 2009). See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. [THE STATE:] And how did he agree with them? 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. 2052, 80 L.Ed.2d 674 (1984). Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. The police searched the park without finding anything. All Rights Reserved. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. We have already decided these issues against appellant. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. "It does make a little difference. We would like to offer our sincere support to anyone coping with grief. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. THE COURT: Overruled. Additionally, through the work of Houston crime victims advocate Andy Kahan, the case led to statewide policy changes giving crime victims and their families more of a voice in the criminal justice process. denied, 501 U.S. 1259, 111 S.Ct. Yeah, yeah, I remember that. 2765, 129 L.Ed.2d 879 (1994). In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. 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 Sheriff's Office. "He has matured remarkably," said Robin Norris, his appeals lawyer. And 17 years later he died not soon enough. "I think about them. The gang then drank beer and engaged in horseplay. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. 2382, 65 L.Ed.2d 392 (1980). Know more about Cantu Roofing? Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. 2. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. DR#: 999093 Pete Cantu. 3368, 73 L.Ed.2d 1140 (1982). To this day, Houstonians remember the girls' names and what happened to them. See Photos. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. 2658, 125 L.Ed.2d 290 (1993). 2253(c), Cantu now seeks from this court a certificate of appealability. 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. Does it justify it? We have previously addressed and rejected this contention. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. 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. Date of Offense: 06/24/93 FN10. Jose Medellin was executed in August 2008. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. As such, we hold that no error has been created by these events. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. The indictment or information shall be read to the jury by the attorney prosecuting. Archived from the original on June 6, 2022. 55 (5th Cir. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. 2934, 106 L.Ed.2d 256 (1989). "Two beautiful young girls," Goode says. denied, 510 U.S. 829, 114 S.Ct. Holdings: The Court of Appeals held that: 2934, 106 L.Ed.2d 256 (1989). Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). 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. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Select the best result to find their address, phone number, relatives, and public records. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. Barnes, supra. Rather, there must be some evidence directly germane to a lesser included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). Cantu declined requests for interviews prior to his execution. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). 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. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. All cuzz them fine ass girls you all wanted to fuck. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. 81(b)(2) I concur in overruling the point. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. 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. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. denied, 492 U.S. 912, 109 S.Ct. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. at 2609. Does that cause the defendant's behavior? What did he say? Evid. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. 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. Your email address will not be published. Proc. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). 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. denied, 507 U.S. 975, 113 S.Ct. For the following reasons, we decline to issue a COA on any of those issues. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. We object to the out of court statements of these co-defendants that we can't confront and cross examine. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Valerie Nicole. Point of error forty-four is overruled. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. 16th murderer executed in Texas in 2010 TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Nevertheless, such error is subject to a harm analysis. And if you care to, you can see the result of this defendant's handy work again. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. FN2. Deputies chased the vehicle until it broke down at F.M. 84 Lumber. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. Hell, no.". See Lawton, supra; see also McFarland, 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. He was pronounced dead at 6:17 p.m. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. THE COURT: Overruled. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. Appellant does not here argue that the extraneous offenses should not have been admitted. 2. the calculated nature of the defendant's acts; Lived In Las . The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. Save my name, email, and website in this browser for the next time I comment. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Resides in Laredo, TX. Education: GED Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 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. 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. However, because his last objection was specifically to hearsay, we will address the point on this ground. 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. 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. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. Next, the older boys raped the two girls for about an hour while Venancio watched. 37.071. 106, 133 L.Ed.2d 59 (1995). See Photos. 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. "Put it this way: I wish my daughter could have died the way he died today. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Point of error thirty-six is overruled. 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. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. Seven minutes later, O'Brien was dead. Pete will be remembered for his infectious laugh and loving personality. Section 2(f)(4) stated: The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. 2253(c)(2). He died in July 1980 at 66 years of age. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Think about the ordeal of those two young girls right here. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. Article 27.16 states that: Select this result to view Peter Cantu's phone number, address, and more. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. 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. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. at 2608. denied, 499 U.S. 932, 111 S.Ct. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. We therefore deny a COA on this issue. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 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: 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. Don't kill that child. One of the boys boasted of having 'virgin blood' on him. denied, 506 U.S. 942, 113 S.Ct. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. 2630, 129 L.Ed.2d 750 (1994). The bodies were found six days later after Cantus brother, using an alias, phoned police. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. 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. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N

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