She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Contractors DirectoryInformation on every contractor in United States. at 2608. Well, this is a sanitized and civilized killing that we have for Peter Cantu. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Over the years, Rios regularly asks what else she might have done to prevent their deaths. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. Seventeen years is a long time to have something eating on you like that. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. * that appellant attacked a sixth grade teacher; 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." The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. Point of error thirty-five is overruled. 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. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. denied, 506 U.S. 942, 113 S.Ct. 81(b)(2). Ertman tried to help. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. BSCO is seeking any information on the two suspects shown in the video. Hell, no.". 17. He became notorious for trying to kick a TV cameraman recording his arrest. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Thank you. Enter Pursuant to 28 U.S.C. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Here's a full rundown of the teams, drivers, and their cars. However, the protesters in attendance did little more than annoy the families. We will address the points as they are presented to us. He and other gang members also stood on the girls' necks to ensure they died. Look at the evidence. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). 78 and Loop 1604. The third man was given 40 years in prison and is eligible for parole. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 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. (Direct Appeal) KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. "Two beautiful young girls," Goode says. 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. denied, 513 U.S. 1021, 115 S.Ct. He told Venancio to stay behind, saying he was "too little to watch." As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. 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. 7. psychiatric evidence; and Profile. 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. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). There is no reason to treat such evidence differently than other relevant evidence is treated. denied, 495 U.S. 940, 110 S.Ct. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. [WITNESS:] Yes. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Your email will not be used for any other purpose. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. He let out a final breath at 6:17 p.m. and peacefully died. Application denied. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. ), 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. The district court determined that this conclusion was not an unreasonable application of federal law. Appellant also gave two confessions. 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. 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. Appellant has shown no particularized need for this study. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. denied, 510 U.S. 829, 114 S.Ct. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. 2934, 106 L.Ed.2d 256 (1989). In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. There is no evidence that must be viewed by a juror as being per se mitigating. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. 74(f). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown To send flowers A memorial for them was also placed at T.C. Work history: Acw Specialties Sheet Metal Worker. After the belt broke, the killers used her own shoelaces to finish their job. OBrien was executed in 2006 and Medellin in 2008. Your email address will not be published. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. 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. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. denied, 510 U.S. 919, 114 S.Ct. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. Questions Post Question There are no questions yet for this company. Therefore, we hold the first prong is met as to each offense. Her family was present at his trial for the June murders. (Habeas). 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. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 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. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Proc. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. LinkedIn is the world's largest business network, helping. All Filters. Eye Color: Brown Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. At 6:09 p.m., lethal injection drugs entered Cantu's body. Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. 586, 130 L.Ed.2d 500 (1994). 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. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Appellant's thirty-ninth and fortieth points of error are overruled. Deadline Hollywood. The extraneous offenses that were admitted included: Nelson, supra, at 498. Please spare his life. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . Point of error seven is overruled. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Very brutal, very slow, tortured, a senseless killing. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. 1756, 95 L.Ed.2d 262 (1987). We likewise decline to undertake such a review in the instant case. 52(a). The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. Proc. Again the evidence belies this conclusion. denied, 516 U.S. 832, 116 S.Ct. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. 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. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. art. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. 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. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Appellant's objections were overruled and the evidence was admitted. Estimate Request Form Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N 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. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. at 2609. denied, 515 U.S. 1105, 115 S.Ct. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. A rational jury could not have found that appellant did not intend to kill the victim. Jose Medellin was executed in August 2008. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. Situando a esta Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. at *24. * * *. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 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. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Appellant is incorrect. Pleasanton Express Staff A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. Cantu was described as the leader of small gang known as the Black and Whites. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. 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 conclude that reasonable jurists would not disagree on this matter. We disagree. 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. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Because we have this procedure set up, do we kill our children? This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena.