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42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. He had problems, he was sick, he is sick. denied, 516 U.S. 843, 116 S.Ct. denied, 516 U.S. 832, 116 S.Ct. 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. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. 1997). "We could have put all of them in prison for life. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: 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. 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. This scheme does not create the paradoxical commands of concern to Justice Blackmun. (internal quotation marks omitted). 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. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. All I would tell the girls right now is we still love you and still miss you," he said. For the foregoing reasons, Cantu's application for a COA is DENIED. Shoelaces were used to strangle Pena. 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. 1224th murderer executed in U.S. since 1976 This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. The pertinent part of Article 37.071 2(a) reads: Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. 37.071, 2(e)(1) (1991). 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. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. On June 24, 1993, the girls spent the day together and then died together. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). Thank you. Cantu was described as the leader of small gang known as the Black and Whites. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: The sixth was convicted as a juvenile and is serving a 40-year prison term. 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. 381, 121 L.Ed.2d 292 (1992). He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Don't kill that child. FN6. She's been a part of the famous Texas Metal cast since the beginning. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. Point of error twenty-nine is overruled. The indictment or information shall be read to the jury by the attorney prosecuting. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. 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. Peter Cantu then walked in and readily agreed with their recollection of events. To send flowers 1676, 95 L.Ed.2d 127 (1987). shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Visit Website. 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. 3230, 106 L.Ed.2d 578 (1989). ", 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. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Unfortunately, he revealed on Instagram . 3. the forethought and deliberateness exhibited by the crime's execution; See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. Save my name, email, and website in this browser for the next time I comment. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). (10:41 PM CDT, August 17, 2010). This Court has held that, when challenging the constitutionality of a statute: (806) 763-8400. 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. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 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. As such, we hold that no error has been created by these events. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. She'd been raped and eviscerated. 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. Because we have this procedure set up, do we kill our children? denied, 490 U.S. 1102, 109 S.Ct. 1. 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. See Free v. Peters, 19 F.3d 389 (7th Cir. 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. "I think about them. Pete Cantu. "Its good that they wont be forgotten," Frausto said. BSCO is seeking any information on the two suspects shown in the video. A rational jury could not have found that appellant did not intend to kill the victim. 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. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. 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. He was friendly and never met a stranger. 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. 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. She was born February 8, 1918 to Dallas and Daisy Johnson. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. * that appellant threatened to kill an officer of the law; and "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. 600, 121 L.Ed.2d 537 (1992). 2954, 57 L.Ed.2d 973 (1978). Messages run for up to one year and you ), cert. Appellant is incorrect. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Jail. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. Location: Houston, TX. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Affirmed. Section 2(f)(4) stated: . They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. The families hope to keep him in jail for his entire sentence, of which he has served almost half. 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. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. denied, 506 U.S. 942, 113 S.Ct. Copyright 2018 - 2023 PLEASANTON EXPRESS. 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. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). 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. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. FN7. We have already addressed this issue and decided it adversely to appellant's position. Pedro "Pete" Cantu, Jr. passed away at 7:00 a.m. on Tuesday, March 19, 2019, at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his loving family. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Owner at Last Note Productions. Pleasanton Express Staff See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Date of Birth: 05/27/75 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. * * * However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. Log in or sign up for Facebook to connect with friends, family and people you know. Point of error thirty-five is overruled. Both of these claims are governed by the familiar Strickland standard. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. See also Green, supra. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. 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. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. 13 of the Texas Constitution. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). denied, 516 U.S. 832, 116 S.Ct. Holdings: The Court of Appeals held that: He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). Peter Cantu confessed to the murders at the time of his arrest. Jester Park. THE COURT: Overruled. We have previously addressed and rejected this contention. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 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. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 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. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. 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. See Photos. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: 1317, 131 L.Ed.2d 198 (1995). Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 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. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. @pete.cantu.777. ), cert. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 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. Refine Your Search Results. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu.