Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. He was frustrated that he had been the one who was unable to fight Raul. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Description: That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 81(b)(2) I concur in overruling the point. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Retrieved June 3, 2022. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Police traced the 911 call to the Cantu home, and Joe passed on what he knew. Roofing, Home Builders, Additions, Home Theaters, General Contractors. Points of error twenty-five through twenty-seven are 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. Sheet Metal Worker. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. I love you too Pete, may you find peace wherever you are, finally you are free. They have also lived in Marion, TX. 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. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. 7. psychiatric evidence; and All Information about Henry Cantu - Radaris They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. 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. ", 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. Four of the other assailants that night were also convicted of capital murder and sentenced to death. 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 then filed a habeas petition in the United Stated District Court for the Southern District of Texas. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. 2052. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. Infamous Houston Murders Still Shock After Decades | Houston Press 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Texas Execution Information Center by David Carson. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. Sound rental, Band booking, Guitar and Bass lessons. Know more about Cantu Roofing? This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. THE COURT: Overruled. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. Date Received: 03/18/94 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. Of the six people convicted, five were sentenced to death. Holdings: The Court of Appeals held that: A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. FN2. 13 of the Texas Constitution. Proc. A rational jury could not have concluded otherwise. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. denied, 510 U.S. 1215, 114 S.Ct. denied, 490 U.S. 1102, 109 S.Ct. Andrea Gorfolova. denied, 514 U.S. 1117, 115 S.Ct. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Randy commandeered the news van and went to the scene that was now bustling with police activity. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). His is . The Forbes 400 net worth cut off this year was a record-high $2 billion. FN9. However, his request for a mistrial was thereafter denied. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Specifically, appellant complains of the following argument: 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. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. Your email address will not be published. denied, 513 U.S. 967, 115 S.Ct. Gaddis, supra, at 398. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. ", Randy and Sandra Ertman did not speak to the press. The totality of appellant's argument and authorities is as follows: Appellant's tenth and eleventh points of error are overruled. Copyright 2018 - 2023 PLEASANTON EXPRESS. ), cert. pete cantu texas metal. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. 1029, 154 L.Ed.2d 931 (2003). * * * DMCA NoticesNewspaper web site content management software and services. Two members also have been executed and two others are serving life prison sentences. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . PEDRO CANTU, JR. - Laredo Morning Times After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Associated Addresses. Michelle Cantu Found! - See Phones, Email, Addresses, and More 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. * that appellant created problems in school by fighting and cursing; denied, 510 U.S. 997, 114 S.Ct. 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. Martinez was appellant's second witness at the punishment phase of trial. FN1. 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. Look at the evidence. denied, 492 U.S. 912, 109 S.Ct. Moore v. State, supra at 128, 128-09). Forbes 400: The Richest People In Texas, 2017 Article 37.071 2(h). Again the evidence belies this conclusion. And 17 years later he died not soon enough. 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. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. 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)). LinkedIn is the world's largest business network, helping. Appellant again attacks the constitutionality of Article 37.071 2(e) in point of error forty-two alleging that it invites the open-ended discretion condemned by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. . 1337, 127 L.Ed.2d 685 (1994). Point of error forty-one is overruled. She had been stabbed and slashed in the abdomen, throat and back and strangled. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Does it rise to that level? Why kill when we know that sometimes we don't get it right?" Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. FN2. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Jester, both busy streets. at 826-28, 111 S.Ct. At this point, the Sandoval brothers decided that it was time to leave. 1756, 95 L.Ed.2d 262 (1987). denied, 510 U.S. 919, 114 S.Ct. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Id. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. Cantu v. Quarterman, 341 Fed.Appx. The victims' families attended the execution, but no one attended on his behalf. Jose Medellin was executed in August 2008. 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. Native County: Harris Nelson, supra, at 498. He remains in custody as of this writing. As their midnight curfew approached, they discussed the fastest route to Pena's home. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Appellant alleges that this denial violated the Eighth Amendment. In search of vegan food, I found a world-class Mendocino inn. 2253(c)(1). You know what damage was done to their bodies. He gave no final statement and showed no remorse for his acts. 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. 1978, 131 L.Ed.2d 866 (1995). He did not look toward the witnesses and made no last statement. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). This scheme does not create the paradoxical commands of concern to Justice Blackmun. And then ask yourself another question. denied, 492 U.S. 912, 109 S.Ct. County of Offense: Harris Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. 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 . See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. See also Green, supra. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. They said they would buy her some gas and get her on the road again if she did. 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. 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. Please spare his life. 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. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Metal Depot Inc. 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. When Cantu saw them, however, he thought they were a man and woman. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. At this point, Roman and Frank Sandoval decided to leave. Her family was present at his trial for the June murders. 2. the calculated nature of the defendant's acts; The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. 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.). Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. But I think I will probably sleep a little better. Petitioner filed application for certificate of appealability (COA). Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. ; 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). They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. 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. He became notorious for trying to kick a TV cameraman recording his arrest. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. A tip led authorities to the bodies. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. 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. [Emphasis in original.] Both of these claims are governed by the familiar Strickland standard. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. He has declined to speak with reporters as his execution date neared. These arguments are unavailing. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. ), cert. 155, 130 L.Ed.2d 94 (1994): The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. 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 admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. 2009). However, we affirmed the original holding on appeal. 463rd murderer executed in Texas since 1976. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. 1. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. 2/4/09 -- The federal district court denied relief. Peter Cantu in TX - Address & Phone Number | Whitepages Appellant asked for a running objection as to this line of questioning. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Patrick Myatt . Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita 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. Open it up, look at it. Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb Cantu strangled Pena with shoelaces. Christina subsequently convinced her husband to report the incident to the police. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". denied, 515 U.S. 1105, 115 S.Ct. Does she have blond hair?!!?" 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. at 694, 104 S.Ct. [WITNESS:] Yeah. The break in solving the case came from, of course, the 911 call. 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." 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Point of error forty-three is overruled. 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. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Cantu jumped out of the car and continued to run on foot, Hughes said. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Jester Park at White Oak bayou. Point of error twenty-nine is overruled. Resides in Laredo, TX. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. In this regard, this point is inadequately briefed and presents nothing for our review. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. 680 following. To this day, Houstonians remember the girls' names and what happened to them. For those who so desire you may make memorial contributions in his memory to the charity of your choice. 2213, 2223-24, 60 L.Ed.2d 777 (1979). 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. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. She screamed. 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? 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. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Deputies chased the vehicle until it broke down at F.M. 2726, 33 L.Ed.2d 346 (1972). 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl We discern no harm to appellant in the present case by the trial court's statement that appellant had entered a plea of not guilty, and appellant has shown us none. * * * [WITNESS:] I did that. After Raul fought all of the members, he was welcomed into the gang. The girls were still on the tracks when they encountered the group of boys. She was born February 8, 1918 to Dallas and Daisy Johnson. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Citations: 81(b)(2). In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Tui Cabin Crew Recruitment Process, Wells Fargo Fair Fund Payout Calculator, Michael Desantis Obituary, Sacramento Breaking News Crime, Articles P
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Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. He was frustrated that he had been the one who was unable to fight Raul. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Description: That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 81(b)(2) I concur in overruling the point. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Retrieved June 3, 2022. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Police traced the 911 call to the Cantu home, and Joe passed on what he knew. Roofing, Home Builders, Additions, Home Theaters, General Contractors. Points of error twenty-five through twenty-seven are 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. Sheet Metal Worker. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. I love you too Pete, may you find peace wherever you are, finally you are free. They have also lived in Marion, TX. 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. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. 7. psychiatric evidence; and All Information about Henry Cantu - Radaris They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. 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. ", 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. Four of the other assailants that night were also convicted of capital murder and sentenced to death. 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 then filed a habeas petition in the United Stated District Court for the Southern District of Texas. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. 2052. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. Infamous Houston Murders Still Shock After Decades | Houston Press 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Texas Execution Information Center by David Carson. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. Sound rental, Band booking, Guitar and Bass lessons. Know more about Cantu Roofing? This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. THE COURT: Overruled. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. Date Received: 03/18/94 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. Of the six people convicted, five were sentenced to death. Holdings: The Court of Appeals held that: A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. FN2. 13 of the Texas Constitution. Proc. A rational jury could not have concluded otherwise. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. denied, 510 U.S. 1215, 114 S.Ct. denied, 490 U.S. 1102, 109 S.Ct. Andrea Gorfolova. denied, 514 U.S. 1117, 115 S.Ct. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Randy commandeered the news van and went to the scene that was now bustling with police activity. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). His is . The Forbes 400 net worth cut off this year was a record-high $2 billion. FN9. However, his request for a mistrial was thereafter denied. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Specifically, appellant complains of the following argument: 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. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. Your email address will not be published. denied, 513 U.S. 967, 115 S.Ct. Gaddis, supra, at 398. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. ", Randy and Sandra Ertman did not speak to the press. The totality of appellant's argument and authorities is as follows: Appellant's tenth and eleventh points of error are overruled. Copyright 2018 - 2023 PLEASANTON EXPRESS. ), cert. pete cantu texas metal. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. 1029, 154 L.Ed.2d 931 (2003). * * * DMCA NoticesNewspaper web site content management software and services. Two members also have been executed and two others are serving life prison sentences. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . PEDRO CANTU, JR. - Laredo Morning Times After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Associated Addresses. Michelle Cantu Found! - See Phones, Email, Addresses, and More 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. * that appellant created problems in school by fighting and cursing; denied, 510 U.S. 997, 114 S.Ct. 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. Martinez was appellant's second witness at the punishment phase of trial. FN1. 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. Look at the evidence. denied, 492 U.S. 912, 109 S.Ct. Moore v. State, supra at 128, 128-09). Forbes 400: The Richest People In Texas, 2017 Article 37.071 2(h). Again the evidence belies this conclusion. And 17 years later he died not soon enough. 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. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. 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)). LinkedIn is the world's largest business network, helping. Appellant again attacks the constitutionality of Article 37.071 2(e) in point of error forty-two alleging that it invites the open-ended discretion condemned by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. . 1337, 127 L.Ed.2d 685 (1994). Point of error forty-one is overruled. She had been stabbed and slashed in the abdomen, throat and back and strangled. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Does it rise to that level? Why kill when we know that sometimes we don't get it right?" Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. FN2. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Jester, both busy streets. at 826-28, 111 S.Ct. At this point, the Sandoval brothers decided that it was time to leave. 1756, 95 L.Ed.2d 262 (1987). denied, 510 U.S. 919, 114 S.Ct. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Id. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. Cantu v. Quarterman, 341 Fed.Appx. The victims' families attended the execution, but no one attended on his behalf. Jose Medellin was executed in August 2008. 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. Native County: Harris Nelson, supra, at 498. He remains in custody as of this writing. As their midnight curfew approached, they discussed the fastest route to Pena's home. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Appellant alleges that this denial violated the Eighth Amendment. In search of vegan food, I found a world-class Mendocino inn. 2253(c)(1). You know what damage was done to their bodies. He gave no final statement and showed no remorse for his acts. 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. 1978, 131 L.Ed.2d 866 (1995). He did not look toward the witnesses and made no last statement. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). This scheme does not create the paradoxical commands of concern to Justice Blackmun. And then ask yourself another question. denied, 492 U.S. 912, 109 S.Ct. County of Offense: Harris Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. 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 . See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. See also Green, supra. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. They said they would buy her some gas and get her on the road again if she did. 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. 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. Please spare his life. 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. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Metal Depot Inc. 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. When Cantu saw them, however, he thought they were a man and woman. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. At this point, Roman and Frank Sandoval decided to leave. Her family was present at his trial for the June murders. 2. the calculated nature of the defendant's acts; The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. 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.). Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. But I think I will probably sleep a little better. Petitioner filed application for certificate of appealability (COA). Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. ; 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). They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. 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. He became notorious for trying to kick a TV cameraman recording his arrest. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. A tip led authorities to the bodies. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. 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. [Emphasis in original.] Both of these claims are governed by the familiar Strickland standard. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. He has declined to speak with reporters as his execution date neared. These arguments are unavailing. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. ), cert. 155, 130 L.Ed.2d 94 (1994): The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. 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 admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. 2009). However, we affirmed the original holding on appeal. 463rd murderer executed in Texas since 1976. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. 1. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. 2/4/09 -- The federal district court denied relief. Peter Cantu in TX - Address & Phone Number | Whitepages Appellant asked for a running objection as to this line of questioning. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Patrick Myatt . Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita 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. Open it up, look at it. Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb Cantu strangled Pena with shoelaces. Christina subsequently convinced her husband to report the incident to the police. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". denied, 515 U.S. 1105, 115 S.Ct. Does she have blond hair?!!?" 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. at 694, 104 S.Ct. [WITNESS:] Yeah. The break in solving the case came from, of course, the 911 call. 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." 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Point of error forty-three is overruled. 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. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Cantu jumped out of the car and continued to run on foot, Hughes said. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Jester Park at White Oak bayou. Point of error twenty-nine is overruled. Resides in Laredo, TX. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. In this regard, this point is inadequately briefed and presents nothing for our review. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. 680 following. To this day, Houstonians remember the girls' names and what happened to them. For those who so desire you may make memorial contributions in his memory to the charity of your choice. 2213, 2223-24, 60 L.Ed.2d 777 (1979). 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. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. She screamed. 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? 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. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Deputies chased the vehicle until it broke down at F.M. 2726, 33 L.Ed.2d 346 (1972). 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl We discern no harm to appellant in the present case by the trial court's statement that appellant had entered a plea of not guilty, and appellant has shown us none. * * * [WITNESS:] I did that. After Raul fought all of the members, he was welcomed into the gang. The girls were still on the tracks when they encountered the group of boys. She was born February 8, 1918 to Dallas and Daisy Johnson. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Citations: 81(b)(2). In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him.

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