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He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. Hell, no.". Appellant has shown no particularized need for this study. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. "Theres no way to ever get closure from this. "Nah," Cantu replied. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Family and friends are coming together online to create a special keepsake. 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. I'd do the same thing if I was in his position. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. A rational jury could not have concluded otherwise. No crime warrants a sentence of death. 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 police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Cantu had left his wallet at . 680 following. No additional information for Cantu Roofing yet. Appellant's fourteenth point of error is overruled. He was not eligible for the death penalty because of his age, and he did not participate in the murders. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. 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. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. 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. 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. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. Cantus execution was the third connected with the case. Section 2(f)(4) stated: We will affirm. "I had no idea they would be coming to this." Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Four of the other assailants were also convicted of capital murder and sentenced to death. 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. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. THE COURT: Overruled. The break in solving the case came from, of course, the 911 call. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. The boys then ran after the girls and grabbed them. Several of Ertman's ribs were broken from being kicked. Associated Phone Numbers. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. Jester, both busy streets. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. He was frustrated that he had been the one who was unable to fight Raul. See also Green, supra. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). ), 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. 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. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 401 and therefore irrelevant in the context of the special issues under Art. Pursuant to 28 U.S.C. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Tuesday he paid for it with his life. Proc. Jester Park. FN2. 2187) (omission and alterations in original). has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. All of the boys then took turns stomping on both girls' necks to make sure they were dead. 433, 130 L.Ed.2d 345 (1994). [WITNESS:] Yeah. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. Focus for the victims' families now turns to the remaining three killers. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. ; 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). 1. Appellant is incorrect. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. 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. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Penry v. Lynaugh, 492 U.S. 302, 109 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. 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. The initiation involved fighting each member of the gang for a five to ten minute period. "I told him to stick it. denied, 506 U.S. 942, 113 S.Ct. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. 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. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. ), cert. * * * Appellant's thirty-ninth and fortieth points of error are overruled. They first passed by Roman and Frank Sandoval without incident. "It does make a little difference. Hence, appellant's point of error thirty is overruled. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 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. [APPELLANT:] Excuse me, ma'am. Derrick Sean O'Brien was executed in July 2006. "He's a guy who fully accepts his responsibility.". 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. We disagree. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. Next, the older boys raped the two girls for about an hour while Venancio watched. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. Description: Pete Cantu. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Perez and Villarreal will not be eligible for parole consideration for more than two decades. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . 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? ), cert. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 2. As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage. 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. Leave your condolences to the family on this memorial page or send flowers to show you care. 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 rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. They were kicked, teeth knocked out and hair pulled out and ribs broken. Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. Don't kill that child. Peter Anthony Cantu (AP Photo/Texas Dept. Read more about the life story of Pete and share your memory. FN1. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Unfortunately, he revealed on Instagram . All Rights Reserved. Article 27.16 states that: 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. your email below for our complimentary daily grief messages. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Indeed, we have rejected this argument recently. After the belt broke, the killers used her own shoelaces to finish their job. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. We object to the out of court statements of these co-defendants that we can't confront and cross examine. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. denied, 492 U.S. 912, 109 S.Ct. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . She walked to a nearby convenience store, and called someone to come and help her. "They are still behind us. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. Both of these claims are governed by the familiar Strickland standard. Id. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Feb.4, 2009). denied, 495 U.S. 940, 110 S.Ct. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. "He has matured remarkably," said Robin Norris, his appeals lawyer. 2. the calculated nature of the defendant's acts; By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . Pete Cantu. 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. 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. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. Why kill when we know that sometimes we don't get it right?" For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. 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. ", The case horrified Houston. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. One of the boys boasted of having 'virgin blood' on him. ), cert. 2. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 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. 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. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Article 37.071 2(h). For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Nelson, supra, at 498. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. 2658, 125 L.Ed.2d 290 (1993). 1997). They had spent the evening drinking beer and then "jumping in" Raul. We decline to revisit this issue here. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. 927 (1908). In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. [Emphasis in original.] Weight: 135. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 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. 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. [THE STATE:] And what would he say about that? Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. ** 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, Fee: 586, 130 L.Ed.2d 500 (1994). The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. 2052. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. denied, 513 U.S. 853, 115 S.Ct. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. 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. 3230, 106 L.Ed.2d 578 (1989). Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Whether, taking 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, there is sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Fitness Professional Online at Xecute Fit. on Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. Nor does he argue that the charge given was inappropriate, only that it was incomplete. * * * Article 36.01, which governs the order of proceeding in trial, states in pertinent part: The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. THE COURT: Yes, sir. At this point, the Sandoval brothers decided that it was time to leave. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 denied, 492 U.S. 912, 109 S.Ct. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. 28 U.S.C. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Sign Up. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Jose Medellin was executed in August 2008. THE COURT: Overruled. 1871, 128 L.Ed.2d 491 (1994). M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. How they were mutilated, brutalized for perhaps as much as an hour. That's what they're doing; they're arguing nothing. * that appellant threatened to kill an officer of the law; and And if you care to, you can see the result of this defendant's handy work again. 84 Lumber. Point of error twenty-four is overruled. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. 1339, 113 L.Ed.2d 271 (1991). Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Instagram Contact Us Check out some new shirts! 2658, 125 L.Ed.2d 290 (1993). After Raul fought all of the members, he was welcomed into the gang. ] (Emphasis added.). Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Ayesha Gani. Jose Medellin was executed in August 2008. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. 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.