Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. 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. * * * Use Next and Previous buttons to navigate. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriffs Office. He married. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). . 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Appellant objected that this was improper impeachment on a collateral matter. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. 2. Derrick Sean O'Brien was executed in July 2006. 600, 121 L.Ed.2d 537 (1992). 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. 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's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. McFarland, 928 S.W.2d at 520. 17. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. Associated Phone Numbers. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. 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. Martinez was appellant's second witness at the punishment phase of trial. Christina subsequently convinced her husband to report the incident to the police. When everyone was finished, Cantu told the boys to take the girls into the woods. denied, 514 U.S. 1117, 115 S.Ct. Overstreet, J., filed concurring and dissenting opinion. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. At 6:09 p.m., lethal injection drugs entered Cantu's body. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. He remains in custody as of this writing. I, Sec. Pete Cantu. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. He said he was told repeatedly by Peter Cantu to "get some". Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. denied, 510 U.S. 1215, 114 S.Ct. * that appellant attacked a sixth grade teacher; All I would tell the girls right now is we still love you and still miss you," he said. 2253, 132 L.Ed.2d 260 (1995). 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 Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 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. Situando a esta 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. At this point, the Sandoval brothers decided that it was time to leave. 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. Look up Pete Cantu's phone number, home address, email address, and other personal information. Questions Post Question There are no questions yet for this company. 2052. "He has matured remarkably," said Robin Norris, his appeals lawyer. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. denied, 506 U.S. 999, 113 S.Ct. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. [APPELLANT:] Excuse me, ma'am. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. at 336, 123 S.Ct. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. Hence, appellant's point of error thirty is overruled. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. 705 (1992). Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. 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. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). And 17 years later he died not soon enough. Maybe some satisfaction, but never closure.". Id. 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. We held: They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. ), cert. 71,557, slip op. 2. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. 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. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. Cantu was the final of three men condemned to die for the murders. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. denied, 506 U.S. 999, 113 S.Ct. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. That's what they're doing; they're arguing nothing. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. I'd do the same thing if I was in his position. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. at 2609. Cantus execution was the third connected with the case. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 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. She was born February 8, 1918 to Dallas and Daisy Johnson. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. 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. (10:41 PM CDT, August 17, 2010). 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. Holdings: The Court of Appeals held that: Penal Code Ann. 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. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Barnes, 876 S.W.2d at 322. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Pete Cantu. See Heitman, supra. "I was the last parent to have seen them," she said. Here's a full rundown of the teams, drivers, and their cars. Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. When Cantu saw them, however, he thought they were a man and woman. Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. , 30, a security guard, was charged with burglary of a business he was hired to protect. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). The break in solving the case came from, of course, the 911 call. Ertman was robbed of her rings, necklaces, and cash. 52(a). He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 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. [WITNESS:] [Appellant], Joe, Junior and Raul. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. ), cert. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. Shoelaces were used to strangle Pena. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. At this point, the Sandoval brothers decided that it was time to leave. on The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. Please submit missing details you may have. She'd been raped and eviscerated. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. No crime warrants a sentence of death. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. They alerted the police and posted fliers, but the girls were not found. See also Green, supra. 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. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". 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. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. Funeral Home website by. 2556, 135 L.Ed.2d 1074 (1996). 2934, 106 L.Ed.2d 256 (1989). Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 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. They decided to take a shortcut across the railroad tracks. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. We have already decided these issues adversely to appellant. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. We conclude that reasonable jurists would not disagree on this matter. After the belt broke, the killers used her own shoelaces to finish their job. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. FN9. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Date of Birth: 05/27/75 Rule App. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. We decline to revisit this issue here. He was dearly loved and will be greatly missed by all who knew and loved him. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Indeed, we have rejected this argument recently. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. WebPete Cantu was born on April 9, 1914. 7. psychiatric evidence; and 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. denied, 513 U.S. 967, 115 S.Ct. 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. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Section 2(f)(4) stated: It affected more than just Melissa and me and Randy and Sandy.". Also gone is natural gas pioneer George Mitchell, who passed . Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. 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. Id. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. 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. See Lawton, supra; see also McFarland, supra. Proc. 680 following. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Cantu v. Quarterman, 341 Fed.Appx. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 1029, 154 L.Ed.2d 931 (2003). Appellant asked for a running objection as to this line of questioning. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. 155, 130 L.Ed.2d 94 (1994): 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)). He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. 1337, 127 L.Ed.2d 685 (1994). Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. See Lawton, supra. * * * [WITNESS:] Yes. The gang then drank beer and engaged in horseplay. 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). original sound - Pete Cantu. denied, 492 U.S. 912, 109 S.Ct. 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. Appellant's tenth and eleventh points of error are overruled. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. They first passed by Roman and Frank Sandoval without incident. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. 1997). 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. "Parents always worry about their kids, especially their daughters.". Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Ex parte Cantu, No. * * * 2/4/09 -- The federal district court denied relief. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Both wree sexually assaulted by the gang members, beaten, and strangled. 401 and therefore irrelevant in the context of the special issues under Art. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: OBrien was executed in 2006 and Medellin in 2008. Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. 3368, 73 L.Ed.2d 1140 (1982).
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