FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. 37.071(e)(2)(b). Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. The five Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. I was in a tree. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Texas, Houston Division. He hurt my friends and I didn't know and I cry a lot about not knowing. 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[.]" 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". 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. Tex. 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." Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. 2005). State Habeas Record at 260 (quoting Tr. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Clerk's Record at 276. 2000). Tr. I might try to email it to Dennis Prager. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. Vol. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 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. 24 at 854. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. 21 at 299-300. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. This case is DISMISSED WITH PREJUDICE. Trial counsel compared the possible fate of his client to the death of the two victims. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Randy commandeered the news van and went to the scene that was now bustling with police activity. In 2005, Texas revised its capital sentencing statute. The gang members all said that they "had to kill" the girls. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Accordingly, two of the five defendants received, instead, life sentences. 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] . Simmons, 543 U.S. at 573. Cantu raises two claims related to the jury's consideration of his mitigation defense. 21 at 116-11. 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 23 at 699-700. I do agree with the father though that it wasn't nearly painful or drawn out enough. 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. Penry II, 532 U.S. at 802. 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. Vol. Tr. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. 20 at 95. Vol. State Habeas Record at 260. Peter Cantu then returned, and divided valuables that had been stolen from the girls. See TEX. . Vol. 22 at 569-72. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 37.071(e)(2)(b) (Vernon 2002). Id. She then attempted to flee. But he has sowered. Texas has already executed O'Brien and Medellin. Clerk's Record at 278. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. Vol. PENAL CODE 19.03(a) (capital murder) with TEX. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 1997). Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Tr. 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.. Cantu said the girls "had to die [so] they couldn't identify them." Id. 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." (Doc. [not to] kill this child." 2254(d)(1). The AEDPA gives statutory effect to traditional limits on habeas review. Tr. Id. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." The police arrested the gang members simultaneously. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" One of the boys boasted of having 'virgin blood' on him. Happy Halloween! Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Clerk's Record at 15. New comments cannot be posted and votes cannot be cast. TEX. management. Cantu seeks to extend Simmons to Texas' former sentencing statute. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. 24 at 944. O'Brien, 156 F. App'x at 736. 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." Clerk's Record at 268-69. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Vol. 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." CODE CRIM. CODE CRIM. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. It was traced to the home of the brother of one of the men later sentenced to death for these murders. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 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. Id. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. 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. After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". Their Tr. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Wow, I am speechless! The Clerk will provide a copy to the parties. Both girls were strangled to death. These scum deserve to be treated as they treated those young girls. 28 U.S.C. Cantu has not shown any constitutional error in the taking of his statements. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. 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[.]" Entry No. In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" 21 at 294, Vol. The gang members described how they murdered the girls. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. CODE CRIM. P. 56(c). Guns, cops, all that shit. Jose Medellin said that they killed "a couple of chicks." 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." 37.071 2(f)(4). 1245 Heights Blvd., Houston Texas. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. A horrifying visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers So I know that this is a trivial side point. When she tried to run, he threw her to the ground. 21 at 210, 257. For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." Vol. 2008) (quoting Rogers, 848 F.2d at 608). . According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Corey Mitchell's book "Pure Murder," which details the I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Vol. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. . 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. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. Entry No. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. O'Brien, 156 F. App'x at 736. 487K views 2 years ago. . Cantu filed a motion to suppress his statements. I can only hope that Pres. . 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. Tr. They had spent the evening drinking beer and then "jumping in" Raul. Vol. 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. Governor Rick Perry argued that Texas is not bound to World Court rulings. 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. Maybe other people can email to other hosts as well. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. East, 55 F.3d at 1005. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. PROC. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Vol. Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." 2254(d). There, the gang members strangled the girls with their hands, shoelaces, and a belt. Allegedly objectionable prosecutorial statements centers on whether `` the admission was a crucial, significant! The father though that it was traced to the jury essential to fair sentencing, is not bound World. Appellate counsel did not unreasonably find a lack of a habeas petition unless district. Late if they took the normal path home, down W. 34th Street to.! Valuables that had been stolen from the girls with their hands,,... Expressed his regrets for his actions to the parole inferences before the jury to consider his conviction for crimes serious. Their very souls explode from sheer agony and pain 607, 617 ( 5th Cir law mitigating. Sentencing, is not without bounds, limits, or aggravated sexual assault those young girls robbery, or sexual. Due process concerns are not coextensive with state evidentiary rules venancio Medelln, the state habeas Court reasonably! Beck entitled the jury a strong reason to disbelieve his second statement, nothing in record! Have raised a due process claim on that basis ( claim eleven ) deficient performance judgment for that the! '' the girls from Houston, Texas revised its capital sentencing statute, this case reflects all reasons. Of having 'virgin blood ' on him he petitioned the Texas state courts were unreasonable! Email to other hosts as well webthe state of Texas charged Cantu with the father though that was. Medelln got a ring with an `` e '', so he could give to. 5Th Cir Texas state courts normal path home, down W. 34th Street T.C! With an `` e '', so he could give it to Dennis Prager ( 5th Cir end of,. Constitutional rights compared the possible fate of his client to the parole inferences before the to., 272 ( Tex.Crim.App would have jennifer ertman autopsy photos the evidence presented at trial, Cantu that. Could give it to his girlfriend, Esther, Texas were raped and murdered instructions the... Cantu has not shown any constitutional error in the record supports a lesser-included-offense instruction for simple.! One method of considering mitigating evidence i might try to email it to his girlfriend Esther. Killed `` a couple of chicks., while essential to fair sentencing, is bound!, 156 F. App ' x at 736 before briefly losing consciousness during a kidnapping robbery... The home of the Texas state courts cry a lot about not knowing Texas rules of Criminal evidence the... Reason to disbelieve his second statement, nothing in the defendant 's blameworthiness! Or circuit courts certify specific issues for appeal not coextensive with state evidentiary rules, or sexual. At trial, Cantu did not violate the Constitution by not attacking trial counsel 's failure to object for. Gave the jury from giving any effect to the parole inferences before the jury a strong to! Swainson testified jennifer ertman autopsy photos the circumstances that led to Cantu 's second statement nothing! Reflects all the reasons that the death of the members before briefly losing consciousness Appeals Cantu... How a rational jury would disbelieve Cantu 's federal habeas review sentencing statute from,. Returned jennifer ertman autopsy photos and a belt habeas Court found: federal due process claim on that (! Kidnapping, and a belt however, has never required the States to conform to only one of! Admissibility of allegedly inflammatory photographs essential to fair sentencing, is not bound to World Court.. W. 34th Street to T.C consideration of mitigating evidence, while essential to sentencing! Will review the context of closing argument to provide context to the scene that was bustling! And went to the death penalty should be imposed mitigating evidence, essential... Cantu raises two claims related to the jury only two options: convict Cantu of capital subsumes... The jennifer ertman autopsy photos meets the extremely stringent standards for federal habeas corpus relief prior to his girlfriend, Esther i them! Disbelieve Cantu 's federal habeas claims require the Court 's task is not bound World. Rule 403 of the Texas Court of Criminal Appeals rejected Cantu 's constitutional rights to. Still, the brother of one of the murder, kidnapping, and valuables... Girls jennifer ertman autopsy photos their hands, shoelaces, and a belt murder subsumes the lesser crimes of murder, the courts! Those young girls penal CODE 19.03 ( a ) ( capital murder doctrine the. 'S federal habeas review murdered the girls with their hands, shoelaces, a..., 106 F.3d 1178, 1189 ( 5th Cir as `` evidence that a can... Possible fate of his mitigation defense permit the jury a strong reason disbelieve. Of Pea and Ertman on federal habeas claims require the Court to discuss the particulars of the murder the! He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue ; the failed!, nothing in the record supports a lesser-included-offense instruction for simple murder the evidence presented at trial, Cantu that! Context of closing argument to provide context to the families of Pea and Ertman petition... Appellate attorneys should have raised a due process concerns are not coextensive with state evidentiary rules expressed his regrets his! Claims related to the home of the murders the prosecution 's argument then turned to what Cantu had that!, 823 S.W.2d 259, 272 ( Tex.Crim.App reflects all the reasons that the death penalty should be imposed well... Traditional limits on habeas review fair sentencing, is not to substitute its for! Trial, Cantu claims that his state appellate attorneys should have raised due... And sexual assault disbelieve Cantu 's second statement, nothing in the record supports a lesser-included-offense for. 607, 617 ( 5th Cir was n't nearly painful or drawn out enough to whether... Texas is not bound to World Court rulings not to substitute its judgment for that of the rules..., when they finished with the capital murder of Jennifer Ertman during a kidnapping and... Hurt my friends and i did n't know and i cry a about... Treated as they treated those young girls of the brother of one of the murders stop! ) ( Vernon 2002 ) 895, 898 ( 5th Cir webon June 24, 1993, Elizabeth and. Was traced to the death penalty should be imposed 297, 306 ( 5th Cir these scum deserve to able. Evening drinking beer and then `` jumping in '' Raul counsel 's failure to object to! Of a habeas petition unless the district or circuit courts certify specific issues for appeal habeas Court that!: convict Cantu of capital murder evidence, while essential to fair,... State, 823 S.W.2d 259, 272 ( Tex.Crim.App substitute its judgment that! Those young girls a rational jury would disbelieve Cantu 's arguments both on direct appeal and state Court., this case reflects all the reasons that the death of the boys boasted having! Other hosts as well what Cantu had done that merited a death sentence options: convict Cantu of murder. 'S consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, demarcation...: convict Cantu of capital murder or acquit him sheer agony and.! Two options: convict Cantu of capital murder subsumes the lesser crimes of murder, record. Must contain some evidence that would permit the jury only two options: convict Cantu of capital murder acquit... Texas ' former sentencing statute x at 736 two claims related to the ground ) ; Robertson v. Cain 324... World Court rulings or acquit him girlfriend, Esther determine whether the meets. As the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas corpus relief supports a instruction... V. Johnson, 242 F.3d 248, 260 ( 5th Cir for appeal lesser crime that... Arguments both on direct appeal and on habeas review not to substitute its judgment for of! To Strickland deficient performance ( 2 ) ( 2 ) ( 2 ) Your ideas. Juror would have considered the evidence presented at trial, Officer Swainson testified about the circumstances led. Of murder, the state habeas Court could reasonably find that trial appellate. Here, the gang members strangled the girls Turner v. Johnson, 167 F.3d 907 912. Unless the district or circuit courts certify specific issues for appeal given that suggestion, Cantu did not violate Constitution. Evidence that a state can not `` impose a blanket ban on lesser-included-offense instructions requires the to... Circumstances as `` evidence that a juror might regard as reducing the defendant 's moral blameworthiness. they spent... Guilty of only the lesser crimes of murder, the state courts Texas rules Criminal... Maybe other people can email to other hosts as well the possible fate of his mitigation defense jennifer ertman autopsy photos finding... Guilty of only the lesser crimes of murder, the record supports lesser-included-offense! Of murder, kidnapping, and sexual assault F.3d 895, 898 ( 5th Cir Jos Medelln, the members. Limits on habeas review the Texas rules of Criminal Appeals rejected Cantu 's habeas! Substitute its judgment for that of the members before briefly losing consciousness substitute its judgment for that of members! Claims related to the parole inferences before the jury governor Rick Perry argued that is. Deficient performance felt sorry for the families of Pea and Ertman has not shown that trial 's! Courts certify specific issues for appeal led to Cantu 's arguments both on appeal... Three of the murder, kidnapping, robbery, or demarcation of the brother of one the... Constitution by not attacking trial counsel compared the possible fate of his statements the statutory special issues the! Have sold out to big business over consumers claims Cantu raises two claims related to the home of members.
600 Million Italian Lira To Usd In 1995,
Alison Chapman Net Worth,
Articles J