In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. 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. denied, 515 U.S. 1105, 115 S.Ct. OVERSTREET, Judge, concurring and dissenting. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Appellant's twenty-eighth point is overruled. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. He married. 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. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. Cantu did not make a final statement. "He did a horrendous crime to these two girls and he deserved to die. He has a whole business dedicated to handmade car interiors. Jose Medellin was executed in August 2008. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. FN13. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. ), cert. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Peter Anthony Cantu (AP Photo/Texas Dept. We deny a COA on this issue. They alerted the police and posted fliers, but the girls were not found. His is . The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. (AP August 17, 2010). On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. Visit Website. They then used Ertman's shoelaces to finish strangling her. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). Pursuant to 28 U.S.C. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Several dozen people showed up outside the Walls Unit in support of the families and the execution. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. at 694, 104 S.Ct. Hence, his point presents nothing for our review.FN12 Tex.R.App. 2934, 106 L.Ed.2d 256 (1989). Questions Post Question There are no questions yet for this company. ; 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). 84 Lumber. 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 decline to do so. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. He told Venancio to stay behind, saying he was "too little to watch." It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. ", The case horrified Houston. He told the police that the girls' bodies could be found in T.C. Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. We held: The break in solving the case came from, of course, the 911 call. Nor does he argue that the charge given was inappropriate, only that it was incomplete. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. The crime was committed on or about June 24, 1993. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. * * * Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. February 19, 2014. Cantu v. Quarterman, 341 Fed.Appx. 74(f). In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. Cantu was the final of three men condemned to die for the murders. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. 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. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. 78 and Loop 1604. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Appellant raises forty-five points of error. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. at 336, 123 S.Ct. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Why kill when we know that sometimes we don't get it right?" denied, 506 U.S. 942, 113 S.Ct. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. Sheet Metal Worker. Points of error thirty-seven and thirty-eight are overruled. FN7. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. They were kicked, teeth knocked out and hair pulled out and ribs broken. Appellant objected that this was improper impeachment on a collateral matter. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 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. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. Work history: Acw Specialties Sheet Metal Worker. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. 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? 2658, 125 L.Ed.2d 290 (1993). 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 court overruled his objection. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. Cantus execution was the third connected with the case. Does she have blond hair?!!?" Nevertheless, in light of Tex.R.App.Pro. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Randy commandeered the news van and went to the scene that was now bustling with police activity. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 1317, 131 L.Ed.2d 198 (1995). 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 testified that appellant was friendly to her and never mistreated or was disrespectful to her. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 2630, 129 L.Ed.2d 750 (1994). Deputies chased the vehicle until it broke down at F.M. FN2. or. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. Pete Cantu. 22 posts. Wasn't no pain. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas 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. at 2606-07. Viva Cristo Rey! Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. 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. (Page 2) In this regard, this point is inadequately briefed and presents nothing for our review. His offenses escalated to car theft and an attempted stabbing. Education: GED "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. Finding no reversible error, we affirm the judgment of the trial court. Peter Cantu then walked in and readily agreed with their recollection of events. One of the gang members grabbed Pena. , 30, a security guard, was charged with burglary of a business he was hired to protect. However, we reaffirmed the original holding on appeal. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. Archived from the original on June 6, 2022. "He deserved to die, and 17 years later he died. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. He has declined to speak with reporters as his execution date neared. 1978, 131 L.Ed.2d 866 (1995). Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. 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). ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. Point of error forty-four is overruled. 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. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Does it rise to that level? Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Four of the other assailants that night were also convicted of capital murder and sentenced to death. Enchiladas, fajitas and a cinnamon bun. What did he say? [WITNESS:] [Appellant], Joe, Junior and Raul. Jester Park. Holdings: The Court of Appeals held that: * * *. 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. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). We have already decided these issues against appellant. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police.

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