Rousseau, 855 S.W.2d at 687, n. 26. See Walton v. Arizona, 497 U.S. 639, 110 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. He said he was told repeatedly by Peter Cantu to "get some". Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. He remains in custody as of this writing. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. (Aug. 17, 2010, 10:41PM). 22 posts. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. 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. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. [WITNESS:] Yes. ), cert. (plurality op. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. 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. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) In 1946, Pete initially started as a messenger boy for Western Union. [WITNESS:] He is just agreeing with them. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. The victims' families attended the execution, but no one attended on his behalf. Appellant further remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. "Just a bad, bad case.". In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. Appellant then requested and received an instruction to the jury to disregard the comment. 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. As we stated above in point of error twelve, when challenging the constitutionality of a statute: ), cert. Estimate Request Form [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. Furthermore, any error, assuming there was error, was harmless. 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. Graveside services and interment followed in the St. Marys Catholic Cemetery. Point of error forty-five is overruled. Some of the girls' jewelry was recovered from his bedroom. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. Focus for the victims' families now turns to the remaining three killers. "Two beautiful young girls," Goode says. 2. the calculated nature of the defendant's acts; Both wree sexually assaulted by the gang members, beaten, and strangled. 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). Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. Especially the white chick, she looked good, huh, Junior? 2253(c), Cantu now seeks from this court a certificate of appealability. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. Appellant's fourteenth point of error is overruled. The gang then drank beer and engaged in horseplay. 8. character evidence. 81(b)(2). 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. (10:41 PM CDT, August 17, 2010). 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. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. denied, 510 U.S. 1215, 114 S.Ct. 2. If they hung all five of them, that would be a deterrent. 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 appellant's bedroom. Christina subsequently convinced her husband to report the incident to the police. Peter Cantu confessed to the murders at the time of his arrest. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. Point of error twenty-two is overruled. "Nah," Cantu replied. Hell, no.". [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? "It's a little late," Ertman said. The attackers confessed and at times seemed indifferent to the charges against them. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Jose Medellin was executed in August 2008. However, because his last objection was specifically to hearsay, we will address the point on this ground. We hold this requisite to be applicable to non-psychiatric experts as well. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. Appellant objected that this was improper impeachment on a collateral matter. Over the years, Rios regularly asks what else she might have done to prevent their deaths. 705 (1992). On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. 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. Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. Cantu was the final of three men condemned to die for the murders. Pete will be remembered for his infectious laugh and loving personality. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. 381, 121 L.Ed.2d 292 (1992). 2630, 2639, 129 L.Ed.2d 750 (1994). Jose Medellin was executed in August 2008. 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." WebPete Cantu was born on April 9, 1914. Deadline Hollywood. Id. at 2608. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 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. Article continues below advertisement. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas at 826-28, 111 S.Ct. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. to the family or plant a tree "I was the last parent to have seen them," she said. denied, 501 U.S. 1259, 111 S.Ct. 52(a). [WITNESS:] Yeah. 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 Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Cantu, then 18, orchestrated the attacks and slaying. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. A brief summary of the facts will be helpful. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. 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. Robertson, supra. BSCO is seeking any information on the two suspects shown in the video. 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. We would like to offer our sincere support to anyone coping with grief. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. Done purely to prevent him being caught for the crimes that had been done. Cantu's family did not attend his killing. In making this comparison, the prosecution referred to the challenged photographs. 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. All Rights Reserved. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. | Perez and Villarreal will not be eligible for parole consideration for more than two decades. Barnes, 876 S.W.2d at 322. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. 284, 126 L.Ed.2d 234 (1993). Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. denied, 490 U.S. 1102, 109 S.Ct. Tex.R.App.Proc. The phone transferred the photos to her online account, and she shared them on Facebook. 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. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. Ertman made the drive here four years ago for the first execution. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. 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. They alerted the police and posted fliers, but the girls were not found. Cantu also confessed. Follow. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. 4. the existence of a prior criminal record, and the severity of the prior crimes; 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. 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. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. He told Venancio to stay behind, saying he was "too little to watch." The witness replied in the negative. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Cantu jumped out of the car and continued to run on foot, Hughes said. 2/3/94 -- A jury found Cantu guilty of capital murder. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. Situando a esta 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. We also note that to preserve error for appellate review, assuming there was error, the party alleging error must have informed the trial court as to his complaint by making a timely objection so that the trial court was given an opportunity to rule on the complaint. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. Citations: 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. 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. [Emphasis in original.] 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. I love you too Pete, may you find peace wherever you are, finally you are free. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. 17 Episodes 2019. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. Date of Offense: 06/24/93 First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. Information on every contractor in United States. Instagram Contact Us Check out some new shirts! 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. "They left my house and they were supposed to go home," Rios said. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . 1676, 95 L.Ed.2d 127 (1987). Know more about Cantu Roofing? For those who so desire you may make memorial contributions in his memory to the charity of your choice. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. Jester Park in Houston to participate in a gang initiation ritual. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. With the final execution completed, Pena said the two murdered girls can finally have peace. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. See Photos. ", 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. 1978, 131 L.Ed.2d 866 (1995). Funeral Home website by. Article 27.16 states that: Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 724, 735-36 (5th Cir.2005). However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Tex. Appellant is incorrect. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Description: (Habeas). 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. 600, 121 L.Ed.2d 537 (1992). Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. 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. DR#: 999093 Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). See Woods, 75 F.3d at 1039. ^ D'Alessandro, Anthony (January 22, 2022). Appellant's twenty-eighth point is overruled. 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 [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. [APPELLANT:] May we have a running objection to the out of court statements, judge? Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. See Article 36.15; Tex.R.App. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Anderson v. State, supra, at 509-10. Points of error one through four are overruled.FN3. "Three of the animals that did this are gone. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. There is no reason to treat such evidence differently than other relevant evidence is treated. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Jester Park at White Oak bayou. The indictment or information shall be read to the jury by the attorney prosecuting. To this day, Houstonians remember the girls' names and what happened to them. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Point of error forty-two is overruled. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law.
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