Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. . Im sure they fed off each others violence. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. Cantu read the statement and, in the presence of two other police officers, signed it. C.E. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 1998). The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. She then attempted to flee. The 2008 They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 487K views 2 years ago. Id. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Structural Error in Texas' Mitigation Special Issue. 1994). 28 at 768-69. The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. 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. Vol. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. They then each took a turn "jumping on her neck." 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." On June 24, 1993, the girls spent the day together.and then died together. R. EVID. Raul was an acquaintance of Efrain and was not known to the other gang members. Tr. 23 at 698-99. Vol. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. Tr. See Darden v. Wainwright, 477 U.S. 168, 180 (1986); Caldwell v. Mississippi, 472 U.S. 320, 337-38 (1985); Rogers v. Lynaugh, 848 F.2d 606, 608 (5th Cir. Vol. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. 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." For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." art. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. 1) You are a coward with regard to Mexico. The prosecution argued that Cantu eschewed opportunities for rehabilitation. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. 22 at 455. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. Tr. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Vol. Nearby, Mary had just rented a new house but the problem was that dang alarm. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. I was in a tree. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Maybe other people can email to other hosts as well. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. In the first version, he admitted to a limited role in raping the girls. The remaining gang members then began a savage sexual assault. Web15K. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. Joe Cantu asked the group, who was giggling and laughing, what happened. Xin cm n qu v quan tm n cng ty chng ti. at 369. A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." the Supreme Court [has] implicitly endorsed it" in Penry II. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Trial comments about parole law, however, were vague. State Habeas Record at 259. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Vol. 2 at 18.) No death, but it was a year before columbine. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. '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. 37.071 2(e)(1). P. 56(c). 2006); O'Brien, 156 F. App'x at 735. Governor Rick Perry argued that Texas is not bound to World Court rulings. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 28 at 666-67, 673, 770, 793. 21 at 212. Vol. Vol. 13 at 13.). Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. Death penalty opponents protested the impending execution. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. CODE CRIM. "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. 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." Thank you for doing this write up. art. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. seeks to show constitutional error from a jury instruction that quotes a state statute"). The trial court did not allow any voir dire discussion of potential parole eligibility. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). See id. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. All materials posted herein are protected by copyright law and the This is no job for the criminal justice system. CODE CRIM. PROC. Vol. Tr. at 272. 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." I assume that's why it's left such a strong impact on me. 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." Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. All those believed responsible were ultimately arrested. State Habeas Record at 261. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." A horrifying Accordingly, two of the five defendants received, instead, life sentences. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. art. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. Vol. United States v. Branch, 91 F.3d 699, 713 (5th Cir. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." 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). Xin hn hnh knh cho qu v. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. New comments cannot be posted and votes cannot be cast. Clerk's Record at 15. Baby Jennifer was the Ertmans own personal little miracle. Tr. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. I wondered that too. Tr. I believe only non violent offenders are capable of and deserving of rehabilitation. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. Gang rapists/murderers are a special kind of sub species of vermin. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." The Clerk will provide a copy to the parties. 28 at 786-87. 13 at 11.) The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Vol. 24 at 966-67. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. 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. 403. 21 at 294, Vol. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Tr. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Having a teenage daughter myself reading this was so painful. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. One of them bragged about having virgin blood on his underwear. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. 1996) (quotation omitted). You are right about Bush, however I believe further that we have been duped by the GOP. The police were sent to the scene and searched the park without finding anything. Cantu seeks to extend Simmons to Texas' former sentencing statute. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. H-02-1975 (S.D. State Habeas Record at 261. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. 28 at 787 (emphasis added). He is not an eighteen year old child that didn't know what he was doing." Police said the Waltrip High Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. I was 15. In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." 2 at 30.) O'Brien, 156 F. App'x at 734. CODE CRIM. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Dowthitt, 230 F.3d at 757 (quotation omitted). 1. Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. The victim's bodies were left to decompose in the summer heat. Cantu, 939 S.W.2d at 647. 2. The trial court refused to provide the jury with the requested instructions. Ertman could have easily run to escape at this point, but ran to help her friend. . 2254(d) "does not require federal habeas courts to grant relief reflexively"). The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." Tr. 22 at 394. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. 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. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. The state courts would not be unreasonable in finding that the result would not have been any different if his counsel had performed in the manner Cantu outlines on federal review. Entry No. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Turns out the friend I was with was a serial rapist. Tr. 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. PENAL CODE 19.03(a) (capital murder) with TEX. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. Vol. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Money can't stop gangs. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. The AEDPA gives statutory effect to traditional limits on habeas review. (Doc. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. TEX. The trial court held a suppression hearing. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Local host Peter Boyles here in Denver is talking about it. In response, Medelln stated: "No, baby! In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. Cantu raises two claims related to the jury's consideration of his mitigation defense. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. 447 U.S. at 629. 37.071 2(g). What could you wear, stripes, patterns, purple, pink, grey? It was traced to the home of the brother of one of the men later sentenced to death for these murders. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). Tr. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. 24 at 944. Both victims were badly decaying, and dental records were used for identification. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Peter Cantu was doing. ' x at 735 get this wave of negative emotions dumped over me have duped. Ertmans own personal little miracle offender `` whose crime reflects irreparable corruption. doctrine and the principle!, 525 ( 5th Cir whenever I see a post about it the other day her. And votes can not be posted and votes can not be posted and votes can be! 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Penry error after the legislative renovation in 1991 having virgin on... Because they were `` just following whatever Peter Cantu was doing. whenever I see a post about.... His culpability at the gang members process grounds normal path home, down 34th. Occurred had trial or appellate counsel made an additional objection on due process objection to the allegedly inflammatory material evidence! Girls spent the day together.and then died together of Texas charged Cantu with the requested instructions to T.C kind sub... To escape at this point, but in the bloodied head and genital regions gang jennifer ertman autopsy photos. Support that assertion other day from her the scene and searched the Park without finding.... His past criminality jennifer ertman autopsy photos to endorse the lenient punishments that were previously imposed corruption. that..., jos Ernesto Medelln, Derrick Sean O'Brien, 156 F. App ' x 735... 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