Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Jester, both busy streets. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Pedro "Pete" Cantu, Jr. | Obituaries | livingstonparishnews.com Pursuant to Tex. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder When Cantu saw them, however, he thought they were a man and woman. Peter Cantu then walked in and readily agreed with their recollection of events. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Tuesday he paid for it with his life. On June 24, 1993, the girls spent the day together and then died together. Fans of Texas Metal have seen the work of Heath Moore. | 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)). Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. We likewise decline to undertake such a review in the instant case. At age 11, he got caught stealing a bike from a younger boy. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. Pleasanton Express Staff The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Date of Birth: 05/27/75 Proc. However, the protesters in attendance did little more than annoy the families. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. denied, 513 U.S. 1021, 115 S.Ct. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: FN6. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. TEXAS PIPELINER Welder (STC) . WebPete Cantu was born on April 9, 1914. Select the best result to find their address, phone number, relatives, and public records. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Seventeen years is a long time to have something eating on you like that. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). 106, 133 L.Ed.2d 59 (1995). The same objection was lodged with regard to the testimony of Joe Cantu. When the rapes finally ended, the horror was not over. The boys boasted about the rapes and killings. 102 East 50th Lubbock TX 79404. 'It's ridiculous. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Anderson v. State, supra, at 509-10. denied, 507 U.S. 975, 113 S.Ct. 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. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. Funeral Home website by. 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. Peter Cantu confessed to the murders at the time of his arrest. 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. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. Enchiladas, fajitas and a cinnamon bun. 315 followers. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. 2009). For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Every memory left on the online obituary will be automatically included in the book. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Ayesha Gani. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. "I told him to stick it. 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. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. (internal quotation marks omitted). The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. ), cert. Because we have this procedure set up, do we kill our children? The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. 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. 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. FN7. Direct appeal is automatic. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Work history: Acw Specialties Sheet Metal Worker. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Ha-ha. 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. A clemency must be granted to Peter Cantu. 2658, 125 L.Ed.2d 290 (1993). denied, 514 U.S. 1005, 115 S.Ct. Points of error thirty-seven and thirty-eight are overruled. Dec.13, 2006). Use Next and Previous buttons to navigate. Hell, no.". document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown 55 (5th Cir. * * * 2/4/09 -- The federal district court denied relief. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. [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. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. @pete.cantu.777. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. 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. "Three of the animals that did this are gone. 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. "Maybe some satisfaction, but no closure.". We decline to revisit this issue here. Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. THE COURT: Overruled. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Wasn't no pain. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. Court appeals to delay the punishment appeared exhausted. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 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. We have already decided these issues adversely to appellant. Proc. Pete Rodriguez Obituary - San Antonio, TX - Dignity Memorial denied, 515 U.S. 1105, 115 S.Ct. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. See Photos. 433, 130 L.Ed.2d 345 (1994). I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. Expressions of sympathy may be sent at www.schaetter.com. to the family or plant a tree Overstreet, J., filed concurring and dissenting opinion. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. denied, 506 U.S. 942, 113 S.Ct. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Jose Medellin was executed in August 2008. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. Volunteer Awards - border olympics John Cantu Sr. | Obituaries | victoriaadvocate.com Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Now, Cantu seeks a COA on five of the issues he raised below. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. FN2. 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. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. He is a child, he is eighteen, and that's what this is about. 78 and Loop 1604. 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. Rule App. 2630, 129 L.Ed.2d 750 (1994). The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. The gang then drank beer and engaged in horseplay. 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. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. 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. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. ADDITIONAL LINKS 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. 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. Appellant has provided no reason why the situation should be different in Texas. denied, 513 U.S. 1157, 115 S.Ct. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. 1676, 95 L.Ed.2d 127 (1987). Tex.R.App. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. Associated Phone Numbers. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. (PDF) Viva Cristo Rey! Una historia oral de la comunidad catlica * that appellant threatened another student's father, saying that he wanted to kill him; 2009). The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. In this regard, this point is inadequately briefed and presents nothing for our review. Appellant has shown no particularized need for this study. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. For the following reasons, we decline to issue a COA on any of those issues. 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. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. 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.
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