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Author Topic: Ivan Cantu--8/13/2011 - TX  (Read 13401 times)

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Offline faithamor7

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Ivan Cantu--8/13/2011 - TX
« on: March 29, 2011, 03:44:55 PM »
Ivan Cantu has been given an execution date 8/13/2011 www.tdcj.com so now he will have to face his family on both sides. See if he has any last words.

Gregg Fisher

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Re: Ivan Cantu
« Reply #1 on: March 29, 2011, 03:49:30 PM »
You beat me to it.  Glad to see him on the calender. He's a totally manipulative sociopath.

Offline faithamor7

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Re: Ivan Cantu
« Reply #2 on: March 29, 2011, 04:01:35 PM »
I agree! But we need to add more like one day! That would be supper nice to get all inmates on death row out so that we can clean it up and won't have to spend tax dollars feeding these worthless scumbags.

Gregg Fisher

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Re: Ivan Cantu
« Reply #3 on: March 29, 2011, 04:18:03 PM »
IVAN ABNER CANTU, Appellant,
v.
THE STATE OF TEXAS.

No. AP-76,281.
Court of Criminal Appeals of Texas.

Delivered October 13, 2010.
DO NOT PUBLISH

HOLCOMB, J., delivered the opinion of the unanimous Court.

The trial court denied Ivan Abner Cantu's motion for forensic DNA testing. We affirm.

On January 23, 2001, a Collin County grand jury returned an indictment charging Cantu with capital murder under Texas Penal Code § 19.03(a)(2) and (a)(7)(A). On October 3, 2001, the State brought Cantu to trial before a petit jury. At the guilt stage of that trial, the State presented thirty-four witnesses and Cantu presented none. The State's witnesses testified in part[1] as follows:

Sometime in 1998 or 1999, James Mosqueda hired his cousin, Cantu, to work in his mortgage banking business in Dallas. Sometime in mid-2000, Mosqueda terminated Cantu's employment.

On October 15, 2000, Cantu, Amy Boettcher (Cantu's girlfriend), and Jeff Boettcher (Amy's brother) moved into an apartment at 4753 Old Bent Tree Lane in Dallas. The apartment was located about one mile from Mosqueda's residence at 18663 Gibbons Street in Dallas.

Sometime in late October 2000, Cantu told Jeff Boettcher that he intended to kill Mosqueda, who was a part-time dealer in illicit drugs, in order to steal his money (around $13,000 in cash) and his drugs (cocaine and marihuana).

On November 3, 2000, at around 11:30 p.m., Cantu left the apartment in question and drove away in his Honda automobile. Just before he left, he told Amy Boettcher that he was "going to go kill" Mosqueda and his live-in fiancé, Amy Kitchen.[2] About an hour later, Cantu returned to the apartment. His face was swollen, and his clothes were bloody. He told Amy Boettcher, "It wasn't pretty." He then instructed her to put his blue jeans into a bag, but, instead, she put them into their kitchen garbage can.

On November 4, 2000, members of the Dallas Fire Department, at the request of Amy Kitchen's mother, forcibly entered the Mosqueda residence. They found both Mosqueda and Kitchen in their bedroom, dead of multiple gunshot wounds. Mosqueda was lying faceup in bed, and Kitchen was lying facedown on the floor beside the bed. There was no indication of a struggle or of forced entry into the residence (other than the firemen's).

On November 5, 2000, at around 3:00 a.m., Dallas police found Mosqueda's Chevrolet Corvette automobile parked near the front door of Cantu's apartment. Later that day, the Collin County Medical Examiner performed autopsies on the bodies of Mosqueda and Kitchen. In the course of the autopsies, the medical examiner retrieved one bullet from Mosqueda's body and four bullets from Kitchen's body.

On November 7, 2000, Dallas police searched Cantu's apartment pursuant to a warrant. They found, in the master bedroom, a set of keys hidden inside a man's shoe. One of the keys, they later learned, opened an exterior door of the Mosqueda residence. Another of the keys operated Amy Kitchen's Mercedes-Benz automobile. The police also found bloody blue jeans and bloody socks in the kitchen garbage can. Subsequent forensic DNA testing revealed that blood on the blue jeans matched Mosqueda's blood and blood on the socks matched Kitchen's blood.

On November 9, 2000, Dallas police visited Tawny Svihovec, Cantu's former girlfriend, at her apartment in Dallas. Svihovec directed the police to a cabinet in her apartment, where the police found a .380 caliber, semi-automatic pistol. Subsequent fingerprint testing revealed that latent fingerprints on the pistol's magazine matched Cantu's fingerprints, and subsequent ballistics testing revealed that bullets fired from the pistol matched the bullets retrieved from the victims' bodies.

At the conclusion of the guilt stage, the jury found Cantu guilty as charged in the indictment. At the conclusion of the punishment stage, the jury answered the special punishment issues in such a way that the trial court was required to assess Cantu's punishment at death.

On June 30, 2004, we affirmed the trial court's judgment. Cantu v. State, No. AP-74,220 (Tex.Crim.App. 2004) (not designated for publication).

On January 18, 2006, we denied habeas corpus relief without a written opinion. Ex parte Cantu, No. WR-63,624-01 (Tex.Crim.App. 2006).

On October 1, 2009, Cantu filed a motion for forensic DNA testing and an affidavit in support thereof. See Tex. Code Crim. Proc. art. 64.01. In his motion, Cantu requested the testing of "fingernails recovered from the victims' bodies" and "a hair recovered from the floor mat of [Mosqueda's] car." Cantu argued inter alia that: (1) testing of the "biological material found under the decedents' fingernails . . . would exculpate" him and (2) testing of the hair "could be critical to proving" that someone other than him drove Mosqueda's Corvette on the night of the murders or the following day. Cantu also argued that the State's principal witness, Amy Boettcher, was a "doper" and not credible, and that certain other evidence[3] at trial "support[ed] the conclusion that [he] was framed by the rival drug dealers truly responsible for James Mosqueda's murder."

On December 4, 2009, the State filed its response to Cantu's motion for forensic DNA testing. In its response, the State argued inter alia that, although "[Cantu] wildly speculates that drug dealers may [have] set him up, forensic [DNA] testing cannot prove that, and any results [would have no] chance of exculpating him."

On December 11, 2009, the trial court denied Cantu's motion without a hearing. The trial court stated in its order that Cantu "ha[d] not established entitlement to have the requested evidence submitted to forensic DNA testing."

On direct appeal to this Court, Cantu brings two issues. Under both issues — Cantu does not segregate his arguments under one issue or the other — he argues inter alia that he has "satisfied the statutory prerequisites for entitlement to forensic DNA testing" and that, therefore, "the convicting court erred in denying such relief." He also argues that he has shown that "it is more likely than not that testing showing another person's DNA under the victims' fingernails and another person's hair in the victims' car would have resulted in at least one juror refusing to find [him] guilty of capital murder." In support of the latter claim, Cantu argues, as he did below, that Amy Boettcher was not a credible witness and that certain evidence at trial supported a conclusion that he was framed for the murders in question. See footnote three, supra, and accompanying text.

In its response brief, the State argues inter alia that the trial court did not err in denying Cantu's motion for forensic DNA testing because: (1) Cantu failed to establish "that either victim's fingernail scrapings actually contain biological material suitable for testing" and (2) the hair found on the floor mat of Mosqueda's Corvette "possesses no evidentiary value to identify a person associated with the murders."

Chapter 64 of the Texas Code of Criminal Procedure "requires multiple threshold criteria to be met before a convicted person is entitled to DNA testing." Swearingen v. State, 303 S.W.3d 728, 731 (Tex.Crim.App. 2010). One of those threshold criteria is that the person seeking the DNA testing must first establish that the evidence sought to be tested actually contains biological material. Tex. Code Crim. Proc. art 64.01(a). "[A] mere assertion or a general claim that existence of biological material is probable will fail to satisfy the [movant's] burden." Swearingen v. State, 303 S.W.3d at 732. In his motion for forensic DNA testing and in his accompanying affidavit, Cantu assumed without discussion that biological material might be found under the victims' fingernails. Such an assumption failed to meet Cantu's burden of establishing that the victims' fingernail scrapings actually contained biological material. Thus, the trial court did not err in refusing to order DNA testing of the victims' fingernail scrapings.

Another of the threshold criteria that must be met before a convicted person is entitled to DNA testing is that the person seeking the testing must first establish, by a preponderance of the evidence, that he would not have been convicted if exculpatory results had been obtained through DNA testing. Tex. Code Crim. Proc. art. 64.03(a). Whether the person seeking the testing has met this threshold criterion is a question that we review de novo. Routier v. State, 273 S.W.3d 241, 257 (Tex.Crim.App. 2008). In his motion for forensic DNA testing, Cantu argued that testing of the hair found on the floor mat of Mosqueda's Corvette "could be critical to proving" that someone other than he drove that automobile on the night of the murders or the following day. However, even if DNA testing proved that the hair on the Corvette's floor mat came from someone other than Cantu, that fact would not tend to prove that someone other than he drove the Corvette on the night of the murders or the following day, because such DNA testing would not prove how or when the hair came to be on the floor mat. And, even if DNA testing of the hair could prove that someone other than Cantu drove the Corvette on the night of the murders or the following day, that fact would not tend to exculpate Cantu of the crime for which he was convicted; at most, it might suggest that he had an accomplice. See Prible v. State, 245 S.W.3d 466, 470 (Tex.Crim.App. 2008) (presence of another person's DNA at crime scene not necessarily exculpatory). Finally, in light of the overwhelming evidence of Cantu's guilt, recounted above, it is not likely that proof that the hair on the Corvette's floor mat came from someone other than Cantu would have caused his jury to harbor a reasonable doubt as to his guilt.[4] Thus, the trial court did not err in refusing to order DNA testing of the hair.

We overrule Cantu's two issues and affirm the order of the trial court.

[1] For the sake of brevity and clarity, we discuss only the highlights of the witnesses' testimony.

[2] The evidence suggests that, at the time in question, Cantu was intoxicated due to the ingestion of illicit drugs.

[3] This "other evidence" consisted of: (1) Texas toll tag records indicating that someone drove Mosqueda's Corvette on November 4, 2000, at 11:15 a.m., a point in time that may have been after Cantu had already left Dallas heading for Arkansas and (2) Southwestern Bell telephone records indicating that someone at Cantu's apartment made a long-distance telephone call on November 4, 2000, at 8:53 p.m., a point in time after Cantu had already left Dallas for Arkansas.

[4] In Swearingen v. State, 303 S.W.3d 728, 736 (Tex.Crim.App. 2010), we noted, "Texas courts have consistently held that a movant [for forensic DNA testing] does not satisfy his burden under Article 64.03 if the record contains other substantial evidence of guilt independent of that for which the movant seeks DNA testing."

http://goo.gl/lW6Qd

In February 2011, he lost his federal appeal so he has one last appeal in the USSC.

He and the scumwife are in a pissing match with Tina Church. Hilarious:  http://goo.gl/Lcyw3

Gregg Fisher

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Re: Ivan Cantu
« Reply #4 on: March 29, 2011, 04:27:11 PM »
His poor wife got sucked into paying for his legal bills. 

This has to be one of the worse websites I have seen:  http://www.saveivancantu.com/

Offline deeg

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Re: Ivan Cantu
« Reply #5 on: March 29, 2011, 06:51:25 PM »
Gee, another innocent on DR, put there by the large TX conspiracy of judges, juries, incompetent attorneys and the guy on the grass knoll.    ;D

dee
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Offline time2prtee

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Re: Ivan Cantu
« Reply #6 on: March 29, 2011, 07:00:53 PM »
He will be the 5th Cantu Executed in Texas since 1977

Peter Anthony Cantu 8/17/10  TX
Domingo Cantu          10/28/99 TX
Andrew Cantu            2/16/99  TX
Ruben Cantu              8/24/93   TX

It not good to be a murdering Cantu in Texas I guess.
"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death."  SCOTUS

Peace and Comfort to all Victims and Families

Offline JTiscool

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Re: Ivan Cantu
« Reply #7 on: March 29, 2011, 10:42:19 PM »
Gee, another innocent on DR, put there by the large TX conspiracy of judges, juries, incompetent attorneys and the guy on the grass knoll.    ;D

dee


I had a premonition of this mass conspiracy. They're trying to keep all the guilty murderers out of prison they can so they can fight the next World War with them  ;D ;D ;D
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Offline donvito111

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Re: Ivan Cantu
« Reply #8 on: March 30, 2011, 03:18:37 AM »
Save Ivan Cantu, an innocent man on Texas Death Row  ;D
I read the 5th Circuit Opinion. He really claims to be innocent.  ;D ;D ;D ;D

What the fuck is guilty then?  ??? ??? ??? ???

Offline Grinning Grim Reaper

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Ivan Cantu - TX- 8/30/11
« Reply #9 on: March 30, 2011, 10:02:24 AM »
TDCJ just put this POS on the burner for August.  Is he any relation to that scumbag Peter Cantu who raped and murdered those little girls in Houston?
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Offline AnneTheBelgian

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Re: Ivan Cantu - TX- 8/30/11
« Reply #10 on: March 30, 2011, 10:19:18 AM »
Here is a photo of this scumbag...

You can follow this link for more informations about him :


http://www.tdcj.state.tx.us/stat/cantuivan.htm


Also, I have found his "introduction" (the famous French anti death penalty site "Abolition" : link : http://www.abolition.fr/ecpm/french/condamnes-mort.php?ID=432) 8) 8) :


Hello, my name is Ivan Cantu, I am currently on death row and I’ve been here since November 2001.

I am from Dallas. I was born in 1973. Prior to prison, I worked for a financial institution as a loan officer.

I have had the opportunity to be married but I am currently divorced. I never had children, that's definately one thing I regret but maybe one day...

Here, options are limited, so I spent the majority of my time reading. I enjoy reading about education, health care, politics, law and really anything having to do with philosophy.

Death row is the hardest challenge I’ve ever had to face, but I remain optimistic and take each day in stride. One of the hardest things to deal with are the executions each month.

Writing is my therapy and i would really appreciate it if you could find someone overseas to write !
I need you, please!

Sincerely,
Ivan









I never had children, that's definately one thing I regret but maybe one day...


=> LOL ! Yeah man 8) I think that it will be an old dream... 8)


I need you, please!


=> Poor guy... :'( Do you want to know ? We don't care :P











Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

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PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

Offline faithamor7

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Re: Ivan Cantu
« Reply #11 on: March 30, 2011, 04:12:15 PM »
I didn't realize that we have already executed 5 Cantu, we need to clean up and just execute them all one a day will work for me.  :P :P :P :P :P

Offline phlebbb

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Re: Ivan Cantu
« Reply #12 on: March 30, 2011, 04:25:23 PM »
I agree! But we need to add more like one day! That would be supper nice to get all inmates on death row out so that we can clean it up and won't have to spend tax dollars feeding these worthless scumbags.


This is such a easily solved problem and would be killing two birds with one stone. Get the U.S.Army to release 5 lbs of VX nerve gas to T.D.O.C. and release it onto D.R.. It eliminates all the P.O.S's and gets rid of (kinda)a toxic weapon no wants to see used(well maybe in this  case). Granted the death throes the P.O.S's would go through would be traumatic(to them,the P.O.S.'s)but,would atone in a small way for the pain and suffering they caused....
You miss 100% of the shots that you DO NOT  take.........

Gregg Fisher

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Re: Ivan Cantu
« Reply #13 on: March 30, 2011, 05:07:13 PM »
The PerezHilton treatment:



 ;D ;D ;D

Offline Elric of Melnibone

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Re: Ivan Cantu
« Reply #14 on: March 30, 2011, 05:34:34 PM »
I think the nerve gas would e persistant and we could not use the building anymore.  Not a good idea.  However, lining them up and using machine guns on them is bad too.

However, I have the perfect solution:  Dress them in bright red jumpsuits and make them recover wounded people for our troops in battlezones.  Make them wear chains so they cannot run away and give them collars with GPS and explosives to track their location/off them if they run away or try for a weapon or whatever.  The better they duck, dodge, or whatever, the more they can live.
You can lead an ass to water and if you fight long and hard, you can make it drink.  But at the end of the day, after all the fighting, it is still an ass.

Banned from PTO 3 times so far for life.