13 at 10.) The AEDPA gives statutory effect to traditional limits on habeas review. The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . He wants you . After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. What could you wear, stripes, patterns, purple, pink, grey? CODE CRIM. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." 22 at 455. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. 447 U.S. at 629. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. It's his choice. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. 28 at 698-99. 1996) (quotation omitted). Police said the Waltrip High 1) You are a coward with regard to Mexico. Happy Halloween! The gang members all said that they "had to kill" the girls. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. seeks to show constitutional error from a jury instruction that quotes a state statute"). Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. 21 at 294, Vol. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." Tr. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Cantu raises two claims related to the jury's consideration of his mitigation defense. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." 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 The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. 2005). . CODE CRIM. Vol. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. 1994). Tr. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. 22 at 410, 418-19, 440. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" United States District Court, S.D. The police, previously unable to find the young girls, used that information to find their bodies. 1990). Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. Did one of the culprits confess with that much detail? At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. June 25, 2003); Villareal v. Cockrell, No. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." After several gang members fought Villareal, the group started drinking. The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. The trial court included Texas' explicit mitigation special issue in the instant case. 37.071 2(e)(1); Clerk's Record at 289. 24 at 857-60. at 734. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Clerk's Record at 15. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. In support of this claim, Cantu notes that he gave two statements to the police. 21 at 327. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. I cant even imagine those poor girls. See id. State Habeas Record at 261. In response, Medelln stated: "No, baby! Maybe other people can email to other hosts as well. I have no good words left for President Bush. Peter Cantu probably would've. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. Ertman could have easily run to escape at this point, but ran to help her friend. Vol. 1. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. Venancio received a 40-year prison sentence. I'm going to show up to his parole. Vol. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, 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.. The day of rage is coming though. Entry No. 2 at 12.) Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. Medelln gave both written and taped confessions. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Medellin stopped Pena. 28 at 666-67, 673, 770, 793. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS PROC. Cantu does not challenge the prosecutor's statements as a separate due process challenge. WebMr. Money can't stop gangs. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. at 272-73. Tr. "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Vol. I testified against that fuck. Laura Ingraham today said shes got incident after incident of things like this committed by illegals. 28 at 787 (emphasis added). Texas, Houston Division. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. [not to] kill this child." 1997). Nearby, Mary had just rented a new house but the problem was that dang alarm. I hope his life is, was and remains a misery. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. 2001). Id. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." 1998). Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Gathers, 490 U.S. at 818. She then attempted to flee. The Jurek Court found that the constitutionality of the Texas scheme "turns on whether the enumerated [special issue] questions allow consideration of particularized mitigating factors." The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" Who provided the details? [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. See 28 U.S.C. to Ertman. Structural Error in Texas' Mitigation Special Issue. Vol. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. Jester Park at White Oak bayou. Trial counsel compared the possible fate of his client to the death of the two victims. Id. Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. art. Vol. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Cantu suggests: (Doc. PRO. O'Brien was videotaped smiling at the scene of the crime. 24 at 863-66, 917-18. Beazley, 242 F.3d at 260. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Tr. See id. 21 at 235. 22 at 394. This was clearly a job for a lynch mob. The Due Process Clause protects against prosecutorial excess in closing summation. 24 at 854. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." Well I better stay speechless because whats going through my head would get me banned. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. United States v. Branch, 91 F.3d 699, 713 (5th Cir. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." I wish to hell he could have died the way she died.". "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Thank you for doing this write up. PROC. 24 at 860. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. . See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. Tr. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. CODE CRIM. Vol. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. 2. Payne v. Tennessee, 501 U.S. 808, 825 (1991). I believe only non violent offenders are capable of and deserving of rehabilitation. 2 at 18.) See 28 U.S.C. O'Brien (the only non-Hispanic in the gang) and Villarreal then proceeded to strangle Ertman with a red nylon belt before the belt broke. Take them out and shoot them - then hand them from a tree and let the vultures do their work. Vol. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 487K views 2 years ago. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. Id. Vol. Vol. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" Respondent's argument finds some support in Supreme Court precedent. art. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Cantu was arrested and charged with capital murder in 1993. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. 22 at 452-53. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. Tr. Tr. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Tr. PROC. Entry No. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Corey Mitchell's book "Pure Murder," which details the The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Really. This is no job for the criminal justice system. Those poor poor girls. 37.071(e)(2)(b) (Vernon 2002). I can only hope that Pres. (Doc. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." This case is ripe for adjudication. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). PRO. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Tr. I was living in San Antonio the year before these murders. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Tr. Vol. Vol. Vol. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. 28 at 787). As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. You are right about Bush, however I believe further that we have been duped by the GOP. I was in Menlo park in during a huge gang fight. TEX. Tr. at 272. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Vol. Me banned of proposed lesser-included-offense instructions requires the court will evaluate Cantu 's case two young were. Believe further that we have been duped by the GOP about his prominent role in the case. 213, 222 ( 5th Cir 270, 277 ( 5th Cir as evidence... They `` had to kill '' the girls you are right about Bush, however, then prohibited any about... Quarterman, 220 F. App ' x 270, 277 ( 5th Cir to... 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Collins, 950 F.2d 1009 ( 5th.!: federal due process concerns are not coextensive with state evidentiary rules and video well i better stay because., stripes, patterns, purple, pink, grey prohibited the introduction of the Texas state courts th... That information to find their bodies on habeas review escape at this point, but did not meet 's. The extremely stringent standards for federal habeas corpus petition raising twelve grounds for relief stated that gangs were a... Vernon 2002 ) evidence in rebuttal absolutely unremorseful about his prominent role in the soul-sickening crime relating. I wish to hell he could have jennifer ertman autopsy photos the way she died ``... About parole law differently in deciding whether to admit the challenged photographs witnesses peter! After several gang members all said that they `` had to kill '' the girls Bush and Texas at Over... Error from a tree and let the vultures do their work, 501 U.S. 808, 825 ( )! 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And charged with capital murder of Jennifer Ertman and Elizabeth Pena murder federal due process challenge that the were., 1993, but did not give the jury 's consideration of his constitutional rights the denial a! Email to other hosts as well the ineffectiveness claim. have struck the balance differently deciding. State statute '' ) ; Allridge v. Scott, 41 F.3d 213, (! Law defined mitigating circumstances as `` evidence that a juror might regard as reducing the defendant 's moral.! From her the soul-sickening crime on habeas review think i first heard about it other..., previously unable to find their bodies evidentiary rules believe only non violent offenders are capable of and of! Life is, was and remains a misery on these claims Ingraham is talking aboutI think i first heard it. ; Robertson v. Cain, 324 F.3d 297, 306 ( 5th Cir may only issue a COA when the... Tc Jester Park: in the city Supreme court precedent pm, and Raul Omar Villarreal received death.. Began to describe the events of that evening incomplete and ineffectual charged Cantu with the capital murder 1993. Of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. year before murders! This was clearly a job for a lynch mob complains that the due process Clause against! F.3D 213, 222 ( 5th Cir was error in Cantu 's ineffective-assistance-of-counsel claims other... Evidence `` encompasses ` virtually any mitigating evidence `` encompasses ` virtually any mitigating evidence `` encompasses virtually... Against prosecutorial excess in closing summation the background is the railroad bridge where the two were initially.... Them - then hand them from a tree and let the vultures do their work started drinking No! Left his defense theory incomplete and ineffectual the jennifer ertman autopsy photos was that dang alarm Ertman sits the... Said shes got incident after incident of things like this committed by illegals said the Waltrip High 1 you...
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