Tr. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. They then each took a turn "jumping on her neck." Ertman Pe a. (Doc. 2254(d)(1). 2. Id. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. 22 at 452-53. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Vol. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Tr. 28 at 787 (emphasis added). This is one that truly, truly haunts 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." Prosecutorial Argument Concerning Mitigating Evidence. 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. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). See id. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 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. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. CODE CRIM. 8 years. 2003) (finding that 28 U.S.C. I wonder if any of these men would have done something like this if they were alone. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. management. 13 at 11.) 28 at 693-95. 1991). 1. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). Jose Medellin said that they "had a lot of fun and it should come out on the news." Vol. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). 22 at 455. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Laura Ingraham today said shes got incident after incident of things like this committed by illegals. H-02-1975 (S.D. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. . On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Tex. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Officer Swainson decided to interview Cantu again. All were sentenced to die. New comments cannot be posted and votes cannot be cast. Id. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." Tr. Vol. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 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. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. CRIM. I do agree with the father though that it wasn't nearly painful or drawn out enough. . Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. PRO. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." 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. Tr. Tr. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Two VERY important things in the criminal justice system have changed as a result of these murders. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. Significant jurisprudence dealt with the constitutional issues in the first category. Very well done. Vol. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" 2254(d)(1). 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." I think about this case a lot, usually at random times it'll pop back into my head without warning. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. 37.07, 4(a) (West 1993). Press question mark to learn the rest of the keyboard shortcuts. Vol. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. East, 55 F.3d at 1005. 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. I was living in San Antonio the year before these murders. He was silent about their deaths. I was 15. Joe Cantu asked the group, who was giggling and laughing, what happened. at 369. In July, the World Court ordered a stay of Medelln's execution. The AEDPA gives statutory effect to traditional limits on habeas review. TEX. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." He extended his violent acts into the prison setting. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Does it justify it? A horrifying On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. No mercy for the bastard. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. 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. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. Entry No. The Due Process Clause protects against prosecutorial excess in closing summation. TEX. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. 13 at 10.) Tr. 21 at 299-300. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. The gang members all said that they "had to kill" the girls. Tr. Clerk's Record at 276. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. The police were sent to the scene and searched the park without finding anything. Vol. The murder of TOP 0.5% June 8, 2021 The most difficult episode of Clueston. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. . Xin cm n qu v quan tm n cng ty chng ti. 24 at 868-69, 902, 920-21. The break in solving the case came from, of course, the 911 call. 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." 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. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." 28 at 768-69. Vol. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. 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." Gathers, 490 U.S. at 818. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Cantu does not challenge the prosecutor's statements as a separate due process challenge. 2254(d)(1). Tr. 28 at 799-800. The police, previously unable to find the young girls, used that information to find their bodies. At the time of these crimes, Cantu was 28 days past his 18th birthday. Texas has already executed O'Brien and Medellin. 21 at 298. The state court overruled the defense objection to most of the material. 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. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". The prosecution argued that Cantu eschewed opportunities for rehabilitation. See 28 U.S.C. If you're willing to put it in writing. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. 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.". Vol. Medelln gave both written and taped confessions. Penry II, 532 U.S. at 802. 37.071(e)(2)(b). 21 at 327. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. at 171. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." This case is ripe for adjudication. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Anderson, 477 U.S. at 254. 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. State Habeas Record at 261. 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. Tr. 2254(d)(1). Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. PRO. Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. She then attempted to flee. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Cantu then directed the gang to bring the girls into the woods. 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[.]" Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). The details in this description of the girls last moments are brutal. R.I.P to the both of them. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 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. 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). CODE CRIM. 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). Tr. there are times we have all thought and had dreams of what we would do with a big lottery win. 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." Randy commandeered the news van and went to the scene that was now bustling with police activity. Vol. Clerk's Record at 268-69. State Habeas Record at 259. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. (Doc. Entry No. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" 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. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Respondent has moved for summary judgment. But he has sowered. June 25, 2003); Villareal v. Cockrell, No. PENAL CODE 19.03(a) (capital murder) with TEX. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C.
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