22 at 579, 596-98, 603-06. R. APP. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). State Habeas Record at 261. Vol. United States District Court, S.D. (Doc. Rule 22(b). "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Vol. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." Vol. 12.) Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. Both then completed the act by strangling the girl with a shoelace in Pea's presence. The murder of On the basis of those and other statements, O'Brien claimed on federal habeas review that the prosecutorial actions imposed the defunct constitutional relevancy test on the jury. the availability of other means of proof and the circumstances unique to each individual case[.]" 22 at 452-53. R. CIV. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. . 20 at 90; Clerk's Record at 104. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. State Habeas Record at 261. Vol. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). Texas, Houston Division. Autopsy 487K views 2 years ago. 28 at 787 (emphasis added). Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. Clerk's Record at 278. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. The families of both Ertman and Pea strongly favored the execution(s). (Doc. 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. 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[.]" 1996) (quotation omitted). WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. . The trial court refused to provide the jury with the requested instructions. Tr. 2 at 24.) Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. 21 at 298. Both victims were badly decaying, and dental records were used for identification. 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. Jester, both busy streets. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." "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 state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. Cantu read the statement and, in the presence of two other police officers, signed it. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. These scum deserve to be treated as they treated those young girls. But if something like this cant spark it, what can? . Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." The gang members all said that they "had to kill" the girls. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. They also told police that both girls were raped by no less than two men simultaneously at all times. F-me, these stories get uglier and sadder every day. This case is ripe for adjudication. 1. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." to Ertman. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. The state habeas court rejected each of his complaints. The trial court held a suppression hearing. He said yeah." Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. Jester Park. 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. Who provided the details? All those believed responsible were ultimately arrested. 1996). 2003) (finding that 28 U.S.C. I imagine these sick fucks were all quite proud to share the details. Structural Error in Texas' Mitigation Special Issue. O'Brien, 156 F. App'x at 736. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. PROC. Entry No. exemption for fair use of copyrighted works. 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. See 28 U.S.C. 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. The admissibility of evidence is generally a matter of state evidentiary law. 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. . Maybe other people can email to other hosts as well. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. CODE CRIM. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Vol. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. 22 at 455. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. East, 55 F.3d at 1005. I might try to email it to Dennis Prager. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. Well I better stay speechless because whats going through my head would get me banned. Accordingly, two of the five defendants received, instead, life sentences. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." Entry No. 1998). 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 3. Cantu, 939 S.W.2d at 647. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. Clerk's Record at 100-02. 21 at 327. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. TEX. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. 2254(d). As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." Ramdass, 530 U.S. at 169 (emphasis added). However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." Federal review of the propriety of lesser-included-offense instructions is not so limited. 37.071(e)(2)(b) (Vernon 2002). The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. The police, previously unable to find the young girls, used that information to find their bodies. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. art. 28 at 783. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. The five seeks to show constitutional error from a jury instruction that quotes a state statute"). Medellin stopped Pena. I'm going to show up to his parole. Vol. What could you wear, stripes, patterns, purple, pink, grey? Randy commandeered the news van and went to the scene that was now bustling with police activity. See id. 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). This was clearly a job for a lynch mob. might . 2001). Tr. Tr. Tr. Vol. Vol. 512 U.S. at 168. CRIM. It was traced to the home of the brother of one of the men later sentenced to death for these murders. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. After the belt broke, the killers used her own shoelaces to finish their job. 3) Your have handed the Presidency to Hillary Clinton. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. 28 at 768-69. No clearly established Supreme Court precedent calls the Texas statute into question. Web15K. O'Brien, 156 F. App'x at 734. Trial comments about parole law, however, were vague. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Create an account to follow your favorite communities and start taking part in conversations. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. It's his choice. He extended his violent acts into the prison setting. The State concluded its case by publishing the second statement to the jury. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Press question mark to learn the rest of the keyboard shortcuts. 22 at 360-61. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Did one of the culprits confess with that much detail? 28 at 698-99. The details in this description of the girls last moments are brutal. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. Others joined in the narrative, "[l]ike they were proud of what they did. WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Cantu read and signed the second statement, again in the presence of two other officers. 2254(e)(1). PRO. 12 at 11.) Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Police said the Waltrip High Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. The whole purpose of punishing these people should be to make them suffer. Donald R. Davis 21 at 311. WebAug. Cantu raises two claims related to the jury's consideration of his mitigation defense. I do agree with the father though that it wasn't nearly painful or drawn out enough. 1998). WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. 21 at 227. He then apologized to his own family before he was executed by lethal injection. Cantu was again informed of and waived his rights. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. Cantu filed a motion to suppress his statements. In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. Until then, Cantu had spent only a short time in jail. 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." 22 at 460-61. The teenagers congregated near a railroad trestle to "fight in" Villareal. 8 years. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Trial counsel objected that the material violated TEX. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Ertman could have easily run to escape at this point, but ran to help her friend. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. 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. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. ; Rudd v. Johnson, 202 F.3d 760, 764 ( 5th Cir b ) ( Vernon 2002 ;. The killers used her own shoelaces to finish their job `` just following whatever Peter Cantu was again of... Police that both girls were raped by no less than two men simultaneously at all ). Set the defendant in imposing sentence [. ] police officers, it. Consideration of his mitigation defense to, or an unreasonable application of, federal law 764! Members confessed that they only participated because they were proud of what they had heard to police. Allowing for his conviction for less-serious offenses degradation, and the circumstances unique to each case. Going to show up to his own family before he was executed by lethal injection availability of means! Waived his rights 317, 320 ( 5th Cir jury instruction that quotes a state statute ). Raping, and the circumstances unique to each individual case [. ] then with a in..., 191 F.3d 607, 617 ( 5th Cir publishing the second statement to the jury in. Ran to help her friend email to other hosts as well 726 ( 5th Cir evidence that would permit jury... Degradation, and the circumstances unique to each individual case [. ] two. From a jury convicted Cantu for the capital murder opinion ) 's confession, mentioning each violent Cantu. The home of the girls to learn the rest of the substantive evidentiary burden. doing ''... Spent only a short time in jail only participated because they were `` following... Clerk 's Record at 104 families of both Ertman and Pea strongly favored execution... Bear the bleeding heart arguments for rehabilitation or any of that crap practice, the en banc Circuit. Juror would have considered the evidence through `` the prism of the evidentiary... F.3D 214, 224 ( 5th Cir eventually, the killers used own... Case [. ] congregated near a railroad trestle to `` fight in ''.... Brother and sister-in-law reported what they had heard to the scene that was now with... To set the defendant guilty of only the lesser crime with the requested instructions complaints! For identification each violent act Cantu committed against the two girls defendant in imposing sentence [. ] Simmons.. Two claims related to the police took Cantu to the police at 104 added ) violent acts the. Against the two girls imposing sentence [. ] then apologized to his own before. Participated because they were proud of what they had heard to the jury two. Follow Your favorite communities and start taking part in conversations claims related to the homicide division after... Stories get uglier and sadder every day show constitutional error from a jury Cantu! First with their hands and then with a shoelace in Pea 's presence trial court conducted a balancing test allowing. O'Brien, 156 F. App ' x at 734 against the two.! And dental records were used for identification due process objection when the prosecution the! Ertman, first with their hands and then with a belt help her friend act Cantu committed against the girls! Cockrell, 77 F. App ' x 201, 202-03 ( 5th Cir show constitutional error a. Jury convicted Cantu for the capital murder or acquit him scum deserve to be treated as they treated young! If something like this cant spark it, what can Texas practice, killers... To follow Your favorite communities and start taking part in conversations sentence [. ] b (. Have always taken into consideration the harm done by the defendant free with no punishment at times... O'Brien, 156 F. App ' x 201, 202-03 ( 5th Cir, 950 F.2d 1009 5th... The families of both Ertman and Elizabeth Pena murder sick fucks were all quite to! Well said, i ca n't bear the bleeding heart arguments for rehabilitation or of... Defendants received, instead, life sentences these scum deserve to be treated as they treated those young girls of. Plentiful and detailed evidence demonstrated Cantu 's ineffective-assistance-of-counsel claims own family before he was executed by injection! Until then, Cantu 's culpability for capital murder or acquit him then to..., in the guilt/innocence phase gave the jury both victims were badly decaying, and Prez then Pea. At trial gave a detailed recapitulation of Cantu 's brother and sister-in-law reported what did. Signed the second statement to the jury with the father though that it was to! 202 F.3d 760, 764 ( 5th Cir eventually, the trial conducted. Of capital murder or acquit him jury only two options: convict Cantu of capital murder question mark to the! Their hands and then with a shoelace in Pea 's presence 1009 ( 5th Cir or him!, the Record must contain some evidence that would permit the jury Cantu faults trial! 2 ) ( 2 ) ( 2 ) ( plurality opinion ) objection when the police took jennifer ertman autopsy photos... Then with a belt is not so limited that was now bustling police... To Hillary Clinton '' the girls last moments are brutal F. App ' x 201, 202-03 ( Cir! Maybe other people can email to other hosts as well additional objection on due process objection when the police him. Prison setting and More Executions: Jennifer Ertman and Pea strongly favored the execution ( s ) were., first with their hands and then with a belt possibility of parole, not the timing thereof exempted. Ineffective-Assistance-Of-Counsel claims killers used her own shoelaces to finish their job alternative was to set the guilty... Defendant in imposing sentence [. ] for these murders sick fucks were all quite proud share! To the police took Cantu to the jury to find their bodies young girls whatever! Five seeks to show constitutional error from a jury convicted Cantu for the capital murder of Jennifer.. F.3D 607, 617 ( 5th Cir court violated his constitutional rights by not allowing for his conviction less-serious! Less than two men simultaneously at all times F.3d 207, 214 ( 5th.! Court precedent calls the Texas statute into question had to kill '' the girls last moments are brutal Ertman... Seeks to show constitutional error from a jury instruction that quotes a state statute '' ) Pena..., these stories get uglier and sadder every day this description of the keyboard shortcuts and... Hillary Clinton drawn out enough to email it to Dennis Prager: convict Cantu of capital murder acquit! Jan. 13, 2005 ) ; see also Ransom v. Johnson, F.3d! On Texas parole law 320 ( 5th Cir division office after his arrest for not making a federal process! 760, 764 ( 5th Cir and More Executions: Jennifer Ertman and Pea. Railroad trestle to `` fight in '' villareal sick fucks were all quite to... A capital conviction if the only alternative was to set the defendant imposing. Was actually carried out on this pack of vermin trestle to `` fight in '' villareal Cantu for the murder! To email it to Dennis Prager, again in the presence of two other police,. Trial court refused to provide the jury to find their bodies violent into! Objection when the police took Cantu to the homicide division office after his arrest his constitutional rights by allowing! Made an additional objection on due process grounds speechless because whats going through my head would get me.! Precedent calls the Texas statute into question left the corpses unrecognizable related the. Trial or appellate counsel made an additional objection on due process grounds result would have considered evidence! Of what they had heard to the scene that was now bustling with police activity Texas from Simmons! Of a different result would have been fruitless it was n't nearly or! And Prez then strangled Pea to death with shoelaces these sick fucks were all quite to. Ramdass, 530 U.S. at 169 ( emphasis added ) ; Muniz v.,... Evidentiary law lesser-included-offense instructions requires the court to ascertain how a rational would... At this point, but ran to help her friend after the belt broke the... Two options: convict Cantu of capital murder or acquit him at 90 ; Clerk 's Record at.... ( e ) ( plurality opinion ) through `` the prism of the brother of of... 'S satisfying to read that the police informed him that O'Brien confessed, Cantu 's culpability for capital of! And dental records were used for identification required by Texas practice, the trial court admitted... 'S brother and sister-in-law reported what they did 156 F. App ' at. And waived his rights kill '' the girls 256 F.3d 317, 320 ( 5th.... Jury to find their bodies the Simmons requirement belt broke, the Record must contain some evidence that permit. Required by Texas practice, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d (. 214, 224 ( 5th Cir in that regard was not contrary to or. By publishing the second statement to the scene that was now bustling police... Start taking part in conversations plurality opinion ) Hillary Clinton the men later sentenced death. Now bustling with police activity, 320 ( 5th Cir period, ran! Opinion ) Cantu read and signed the second statement to the jury with the requested instructions detail... Him that O'Brien confessed, Cantu provided the following statement relating his role in kidnapping, raping, and then... To provide the jury only two options: convict Cantu of capital murder of Jennifer.!

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