Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. She walked to a nearby convenience store, and called someone to come and help her. 2009). Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. 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. We think about those girls every day. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. Hence, appellant's point of error thirty is overruled. "Theres no way to ever get closure from this. "I told him to stick it. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. At this point, Roman and Frank Sandoval decided to leave. 74(f). 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. 81(b)(2). ", Maria Frausto said she often says a small prayer when she jogs past the memorial. When the rapes finally ended, the horror was not over. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Retrieved June 3, 2022. As that Court stated: For a rational jury to find that appellant was guilty only of sexual assault, robbery, or kidnapping, there must be some evidence in the record that appellant did not intend to kill the victim. * that appellant threatened another student's father, saying that he wanted to kill him; 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. Pete Cantu - Facebook We conclude that reasonable jurists would not disagree on this matter. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. ), cert. Nevertheless, in light of Tex.R.App.Pro. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. A tip led authorities to the bodies. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. denied, 510 U.S. 919, 114 S.Ct. 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. (plurality op. 5. the defendant's age and personal circumstances at the time of the offense; 2193, 109 L.Ed.2d 520 (1990). In Memory of Peter Cantu He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. Jail. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. "I was the last parent to have seen them," she said. He had problems, he was sick, he is sick. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. 55 (5th Cir. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. Pedro Cantu (@pedro_cantu_97) Instagram photos and videos 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. 1676, 95 L.Ed.2d 127 (1987). [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. All I would tell the girls right now is we still love you and still miss you," he said. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Shoelaces were used to strangle Pena. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Metal Depot Inc. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: 1317, 131 L.Ed.2d 198 (1995). 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. Associated Addresses. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? 600, 121 L.Ed.2d 537 (1992). No crime warrants a sentence of death. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 * * * 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. He told the call taker that the missing girls' bodies could be found near T.C. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. Appellant argues, in essence, that the prosecutor misstated the law. 2630, 2639, 129 L.Ed.2d 750 (1994). 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. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. There is no reason to treat such evidence differently than other relevant evidence is treated. 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. denied, 516 U.S. 832, 116 S.Ct. On the night of 24 June 1993, a group of teenage boys gathered at T.C. ^ D'Alessandro, Anthony (January 22, 2022). FN2. Now, Cantu seeks a COA on five of the issues he raised below. Both men apologized for the crime in their last statements. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Pete will be remembered for his infectious laugh and loving personality. One of the gang members grabbed Pena. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. denied, 516 U.S. 832, 116 S.Ct. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. denied, 492 U.S. 912, 109 S.Ct. Read more about the life story of Pete and share your memory. Thus, we deny a COA on this final issue. Not soon enough. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Jester Park at White Oak Bayou. Cantu strangled Pena with shoelaces. Therefore, we hold the first prong is met as to each offense. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. FN7. For those who so desire you may make memorial contributions in his memory to the charity of your choice. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. In point thirteen, appellant 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. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. 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. As their midnight curfew approached, they discussed the fastest route to Pena's home. 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. denied, 495 U.S. 940, 110 S.Ct. 2914, 115 L.Ed.2d 1078 (1991); Tex. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. Peter Cantu in TX - Address & Phone Number | Whitepages The attackers confessed and at times seemed indifferent to the charges against them. 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. When everyone was finished, Cantu told the boys to take the girls into the woods. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. A rational jury could not have concluded otherwise. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. Leave your condolences to the family on this memorial page or send flowers to show you care. 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. Christina subsequently convinced her husband to report the incident to the police. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. February 19, 2014. 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. (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; On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Why kill when we know that sometimes we don't get it right?" [THE STATE:] And what would he say about that? at 49. 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. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." "It does make a little difference. 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. Cantu Roofing, San Antonio, TX - Roofing Contractor Profile - Homeflock RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. "He has matured remarkably," said Robin Norris, his appeals lawyer. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. We object to the out of court statements of these co-defendants that we can't confront and cross examine. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. denied, 499 U.S. 932, 111 S.Ct. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. He was dearly loved and will be greatly missed by all who knew and loved him. 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. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. The police traced the 9-1-1 call to Cantu's home. "I think about them. ] (Emphasis added.). Several dozen people showed up outside the Walls Unit in support of the families and the execution. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl Cantu had left his wallet at . denied, 506 U.S. 942, 113 S.Ct. ), cert. See Photos. They had spent the evening drinking beer and then "jumping in" Raul. Barnes, supra. Visit Website. Peter Cantu is not an animal. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. 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. 433, 130 L.Ed.2d 345 (1994). Point of error eight is overruled. 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. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Notwithstanding this, we hold that evidence concerning the sexual assault, robbery, and murder of Pena is admissible at guilt/innocence as same transaction contextual evidence to impart to the trier of fact information essential to understanding the context and circumstances of the offense. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. 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. Copyright 2018 - 2023 PLEASANTON EXPRESS. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. Both wree sexually assaulted by the gang members, beaten, and strangled. 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. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. 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. "I had no idea they would be coming to this." In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Especially the white chick, she looked good, huh, Junior? Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. 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. Some carried signs but none chanted or spoke loudly. [WITNESS:] Yeah. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. 1997). Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. Location: Houston, TX. (10:41 PM CDT, August 17, 2010). He has a whole business dedicated to handmade car interiors. It was traced to the home of the brother of one of the men later sentenced to death for these murders. However, he contends that a meaningful review of the mitigation issue is impossible. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? The plea of not guilty may be made orally by the defendant or by his counsel in open court. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. Use Next and Previous buttons to navigate. PEDRO CANTU - Pleasanton Express Hell, no.". Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. She had been stabbed and slashed in the abdomen, throat and back and strangled. 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. [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. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. 1756, 95 L.Ed.2d 262 (1987). They were forced to perform oral sex. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. 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)). 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. Direct appeal is automatic. "Two beautiful young girls," Goode says. 1029, 154 L.Ed.2d 931 (2003). 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). 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. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Tex.R.App. Questions Post Question There are no questions yet for this company. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. He said he was told repeatedly by Peter Cantu to "get some". Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. 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). DMCA NoticesNewspaper web site content management software and services. Is your room clean today? . in memory of Pete T. Cantu, please visit our floral store. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. See Woods, 75 F.3d at 1039. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. denied, 507 U.S. 975, 113 S.Ct. 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.
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