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However, his request for a mistrial was thereafter denied. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. Nevertheless, such error is subject to a harm analysis. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. 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 then parceled out jewelry and money he had taken from the girls. Archived from the original on June 6, 2022. Cantu strangled Pena with shoelaces. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 2. 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. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. 2052. 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. Associated Phone Numbers. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Why kill when we know that sometimes we don't get it right?" 1224th murderer executed in U.S. since 1976 2954, 57 L.Ed.2d 973 (1978). She had been stabbed and slashed in the abdomen, throat and back and strangled. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. 2658, 125 L.Ed.2d 290 (1993). denied, 492 U.S. 912, 109 S.Ct. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. On June 24, 1993, the girls spent the day together and then died together. 106, 133 L.Ed.2d 59 (1995). Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. 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. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. the Art. 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. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Michelle is 51 years old and was born on February 1971. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. ), cert. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. When Cantu saw them, however, he thought they were a man and woman. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. 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. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. Several dozen people showed up outside the Walls Unit in support of the families and the execution. 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. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. Tuesday, August 10, 2010 Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . 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. 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. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. The bodies were found six days later after Cantus brother, using an alias, phoned police. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. Cantu had left his wallet at . The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. Petitioner filed application for certificate of appealability (COA). 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Select this result to view Peter Cantu's phone number, address, and more. 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. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). As we stated above in point of error twelve, when challenging the constitutionality of a statute: Pleasanton Express Staff He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. They decided to follow the railroad tracks that passed by T.C. 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. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Ha-ha. "Nah," Cantu replied. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) Point of error thirty-one is overruled. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Cantu jumped out of the car and continued to run on foot, Hughes said. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. 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 8. character evidence. Evid. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. A memorial was erected to them at Waltrip High School, which they attended. Log In. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. "He did a horrendous crime to these two girls and he deserved to die. Id. Owner at Last Note Productions. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. He had problems, he was sick, he is sick. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Burial will follow at El Coyote Cemetery in Orange Grove, TX. 586, 130 L.Ed.2d 500 (1994). 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. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? See Free v. Peters, 19 F.3d 389 (7th Cir. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. 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. at 2606-07. "It does make a little difference. Very brutal, very slow, tortured, a senseless killing. 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. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. Don't kill that child. 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. Two other inmates have 2010 execution dates. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. The court overruled his objection. A little knowledge of routine vehicle maintenance may have kept. ), cert. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Cantu also confessed. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. 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. Article continues below advertisement. [DEFENSE:] Excuse me, [prosecutor's name omitted]. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. 'It's ridiculous. Education: GED He told Venancio to stay behind, saying he was "too little to watch." See Article 36.15; Tex.R.App. 2/3/94 -- A jury found Cantu guilty of capital murder. * * * After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. denied, 510 U.S. 1215, 114 S.Ct. Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX 1337, 127 L.Ed.2d 685 (1994). 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. They have also lived in Marion, TX. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. denied, 511 U.S. 1100, 114 S.Ct. And if you care to, you can see the result of this defendant's handy work again. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. Your email will not be used for any other purpose. 55 (5th Cir. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to 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; FN8. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: 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. 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. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. They decided to take a shortcut across the railroad tracks. Focus for the victims' families now turns to the remaining three killers. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Look up Pete Cantu's phone number, home address, email address, and other personal information. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. at *24. THE COURT: Overruled. Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. pete cantu texas metal. Sound rental, Band booking, Guitar and Bass lessons. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. Randy commandeered the news van and went to the scene that was now bustling with police activity. See Free v. Peters, 806 F.Supp. Proc. "He has matured remarkably," said Robin Norris, his appeals lawyer. 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 Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. BSCO is seeking any information on the two suspects shown in the video. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. ", The case horrified Houston. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. 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. 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. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. Seventeen years is a long time to have something eating on you like that. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. denied, 506 U.S. 999, 113 S.Ct. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. 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. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 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. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. * * * We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. 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. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). Citations: If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. FN2. 2052, 80 L.Ed.2d 674 (1984). All Rights Reserved. Christina subsequently convinced her husband to report the incident to the police. The initiation involved fighting each member of the gang for a five to ten minute period. Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: denied, 516 U.S. 832, 116 S.Ct. 17 Episodes 2019. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. 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. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. 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. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. Such victim impact statements, as they are called, are now commonplace. Point of error forty-five is overruled. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Pete Cantu in Texas. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. Several witnesses testified appellant had a history of violent behavior and offenses. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. After Raul fought all of the members, he was welcomed into the gang. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. 74(f). She bought the beer and went with the group, unwittingly heading to her death. Affirmed. Cantu was the 16th person to be put to death by the state of Texas this year. 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. In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. [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. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. Cantu did not make a final statement. denied, 510 U.S. 905, 114 S.Ct. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder.