In this review, we do not attempt to determine what a particular jury subjectively believed. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Citations: View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas 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. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. The bodies were found six days later after Cantus brother, using an alias, phoned police. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Pete T. Cantu Obituary We are sad to announce that on February 15, 2022 we had to say goodbye to Pete T. Cantu in Orange Grove, Texas, born in Stephenville, Texas. Save my name, email, and website in this browser for the next time I comment. 102 East 50th Lubbock TX 79404. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. As we stated above in point of error twelve, when challenging the constitutionality of a statute: 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. Appellant's objections were overruled and the evidence was admitted. 74(f). He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. The sixth was convicted as a juvenile and is serving a 40-year prison term. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Because we have this procedure set up, do we kill our children? Tex.Code Crim. Education: GED Rousseau, 855 S.W.2d at 687, n. 26. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. See Free v. Peters, 19 F.3d 389 (7th Cir. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. 2. the calculated nature of the defendant's acts; Specific examples of these statements include the following: [from C. Cantu's testimony] 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. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. 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. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. 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. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. Medellin said that they "had fun" and that their activities would be seen on the TV news. 2254(d). 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. He is a child, he is eighteen, and that's what this is about. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. 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). Keller and Womack, JJ., concurred in part, and concurred in result in part. 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 THE COURT: Overruled. Appellant also gave two confessions. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. 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: Sign Up. "How can you forget something like this? I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. 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. "I told him to stick it. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. 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. 8. character evidence. Application denied. 2. ), cert. * * * Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Subsequently, they all took turns stomping on both girls necks to make sure they were dead. 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 The police traced the 9-1-1 call to Cantu's home. [WITNESS:] [Appellant], Joe, Junior and Raul. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Two members also have been executed and two others are serving life prison sentences. All I would tell the girls right now is we still love you and still miss you," he said. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. Proc. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. denied, 514 U.S. 1005, 115 S.Ct. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. The initiation involved fighting each member of the gang for a five to ten minute period. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. denied, 513 U.S. 1021, 115 S.Ct. 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. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Spare his life, please, ladies and gentlemen of the jury. denied, 510 U.S. 905, 114 S.Ct. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 1317, 131 L.Ed.2d 198 (1995). Part of the belt was left at the murder scene, the rest was found in O'Brien's home. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. Point of error eight is overruled. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. 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. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. on FN6. denied, 513 U.S. 967, 115 S.Ct. Your email address will not be published. Every memory left on the online obituary will be automatically included in the book. The boys boasted about the rapes and killings. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Peter Cantu is not an animal. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. denied, 512 U.S. 1246, 114 S.Ct. denied, 507 U.S. 975, 113 S.Ct. "I had no idea they would be coming to this." We object to the out of court statements of these co-defendants that we can't confront and cross examine. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. Please spare his life. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. 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 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. * that appellant made threats at a hospital and in jail. 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). In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. He told Venancio to stay behind, saying he was "too little to watch." By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. denied, 513 U.S. 861, 115 S.Ct. 22 posts. 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. Affirmed. Pete Cantu (1914 - 1980) - El Cerrito, California. 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. Resides in Laredo, TX. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. 2253, 132 L.Ed.2d 260 (1995). Fans of Texas Metal have seen the work of Heath Moore. Point of error thirty-five is overruled. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. ), cert. 600, 121 L.Ed.2d 537 (1992). 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. However, we affirmed the original holding on appeal. Both expressed regret for their role in the killings. This scheme does not create the paradoxical commands of concern to Justice Blackmun. ), cert. The boys then ran after the girls and grabbed them. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. 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. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Cantu and Derrick OBrien were tried before their fellow gang members. Andrea Gorfolova. 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. Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. 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. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Appellant has shown no particularized need for this study. All of the boys then took turns stomping on both girls' necks to make sure they were dead. [WITNESS:] He is just agreeing with them. Appellant objected that this was improper impeachment on a collateral matter. Therefore, we hold the first prong is met as to each offense. 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. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. denied, 513 U.S. 853, 115 S.Ct. 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. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Specifically, appellant complains of the following argument: Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. ), cert. Johnson, supra, at 135. 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. 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. at 688, 690, 104 S.Ct. Four of the other assailants were also convicted of capital murder and sentenced to death. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Direct appeal is automatic. Deadline Hollywood. Hell, no.". The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. The group then headed towards some nearby railroad tracks. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg.