Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Hence, appellant's point of error thirty is overruled. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records.
Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 2658, 125 L.Ed.2d 290 (1993). Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Medellin said that they "had fun" and that their activities would be seen on the TV news. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. FN1. "I had no idea they would be coming to this." ", Randy and Sandra Ertman did not speak to the press. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. 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. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. * * *
Done purely to prevent him being caught for the crimes that had been done. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid.
Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. denied, 510 U.S. 829, 114 S.Ct. 2253, 132 L.Ed.2d 260 (1995). 2187) (omission and alterations in original). Select the best result to find their address, phone number, relatives, and public records. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated:
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. They were forced to perform oral sex. Cantu was described as the leader of small gang known as the Black and Whites. Point of error forty-two is overruled. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. 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.
The gang then drank beer and engaged in horseplay. "Theres no way to ever get closure from this. A brief summary of the facts will be helpful. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. The failure to assign a burden of proof on the mitigation issue (or to place the burden on the defendant) does not render the scheme unconstitutional. ), cert. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. denied, 512 U.S. 1246, 114 S.Ct. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence.
Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. 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.
denied, 501 U.S. 1259, 111 S.Ct. can stop at any time. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas.
Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA.
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. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. The phone transferred the photos to her online account, and she shared them on Facebook. February 19, 2014. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. 1997). Texas Execution Information Center by David Carson. 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. at 49. 52(a). He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. We hold this requisite to be applicable to non-psychiatric experts as well.
Cantu was described as the leader of small gang known as the Black and Whites. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Rousseau, 855 S.W.2d at 687, n. 26. For those who so desire you may make memorial contributions in his memory to the charity of your choice. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. Think about the ordeal of those two young girls right here. Three dozen supporters cheered as the families emerged after the execution. 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. 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. 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. In making this comparison, the prosecution referred to the challenged photographs. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. 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. 2(f)(4). Cantu jumped out of the car and continued to run on foot, Hughes said. ), cert. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. However, his request for a mistrial was thereafter denied. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. Why kill when we know that sometimes we don't get it right?"
The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. There is no evidence that must be viewed by a juror as being per se mitigating. denied, 516 U.S. 832, 116 S.Ct. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. 2. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. Log in or sign up for Facebook to connect with friends, family and people you know. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. For the foregoing reasons, Cantu's application for a COA is DENIED. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. 586, 130 L.Ed.2d 500 (1994). FN2.
Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. ", 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. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. The jury's finding of guilt satisfied Tison and Enmund. Over the years, Rios regularly asks what else she might have done to prevent their deaths. [WITNESS:] [Appellant], Joe, Junior and Raul. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a).
2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. Points of error one through four are overruled.FN3. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no.
Fitness Professional Online at Xecute Fit. denied, 510 U.S. 1215, 114 S.Ct.
Know more about Cantu Roofing? Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. See also Green, supra. * that appellant created problems in school by fighting and cursing;
Both wree sexually assaulted by the gang members, beaten, and strangled. Cantu declined requests for interviews prior to his execution. At this point, the Sandoval brothers decided that it was time to leave. She was born February 8, 1918 to Dallas and Daisy Johnson. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. ), cert.
See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility.
In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. 8. character evidence. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup".
Point of error eight is overruled. The third man was given 40 years in prison and is eligible for parole. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. Ertman tried to help. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department Occupation: Laborer
In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. In point thirteen, appellant 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. "I was the last parent to have seen them," she said. ), cert. [WITNESS:] Yes. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Cantu did not make a final statement. ] (emphasis added). Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. Point of error seven is overruled. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. denied, 516 U.S. 946, 116 S.Ct. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. "They are still in our hearts and prayers.". FN4.
All Rights Reserved. Resides in Laredo, TX.
Martinez was appellant's second witness at the punishment phase of trial. Burial will follow at El Coyote Cemetery in Orange Grove, TX. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright 1676, 95 L.Ed.2d 127 (1987). Funeral Home website by. I love you too Pete, may you find peace wherever you are, finally you are free. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Application denied. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. 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 State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Appellant does not here argue that the extraneous offenses should not have been admitted. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. The charge given was as follows:
denied, 495 U.S. 940, 110 S.Ct. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. 1337, 127 L.Ed.2d 685 (1994). However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. 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. Enter
Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 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. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? 2. the calculated nature of the defendant's acts;
Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony
Article 37.071 2(h). Failure To Object To Prosecution's Argument. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. 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. We decline to revisit this issue here. Appellant argues, in essence, that the prosecutor misstated the law. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Penal Code Ann. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. BCSO spokesman Roseanne Hughes. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. 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. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Specifically, appellant requested the following instructions:
Lived In Las . We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Point of error thirty-five is overruled. Find your friends on Facebook. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. 74(f). Sheet Metal Worker. She walked to a nearby convenience store, and called someone to come and help her. To send flowers 2213, 2223-24, 60 L.Ed.2d 777 (1979). Roofing, Home Builders, Additions, Home Theaters, General Contractors. As that Court stated:
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." Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. He was not eligible for the death penalty because of his age, and he did not participate in the murders. 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. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Id. 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 . BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . Affirmed. Because we have this procedure set up, do we kill our children? We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. FN2. at 826-28, 111 S.Ct. 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. Owner at Last Note Productions. Tex.R.App.Proc. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". And if you care to, you can see the result of this defendant's handy work again. 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. We decline to do so. The attackers confessed and at times seemed indifferent to the charges against them. 2/4/09 -- The federal district court denied relief. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. * that appellant made threats at a hospital and in jail. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. We conclude that reasonable jurists would not disagree on this matter. Several of Ertman's ribs were broken from being kicked. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness.
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Michael Cole Actor Today, Articles P