Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. State Habeas Record at 259. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. All were sentenced to die. It's his choice. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Id. (Doc. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Clerk's Record at 268-69. Texas has already executed O'Brien and Medellin. 37.071 2(g). Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Press question mark to learn the rest of the keyboard shortcuts. 21 at 307-08. The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Tr. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. Cantu then directed the gang to bring the girls into the woods. Trial counsel objected that the material violated TEX. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. Entry No. But if something like this cant spark it, what can? 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. CODE CRIM. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Cantu did not testify or call any witnesses. at 272-73. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. "[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." Vol. Strickland, 466 U.S. at 700. The victim's bodies were left to decompose in the summer heat. He told the call taker that the missing girls' bodies could be found near T.C. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" The importance of mitigating evidence in capital trials cannot be gainsaid. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. The details in this description of the girls last moments are brutal. I believe only non violent offenders are capable of and deserving of rehabilitation. 28 at 799-800. Venancio Medellin has been denied parole five times, most recently in November 2020. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 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. 2254(d) "does not require federal habeas courts to grant relief reflexively"). He said he was told repeatedly by Peter Cantu to "get some". Accordingly, two of the five defendants received, instead, life sentences. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Id. 28 at 790. Clerk's Record at 278. The Clerk will provide a copy to the parties. Entry No. He hurt my friends and I didn't know and I cry a lot about not knowing. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Opinions posted on Free Republic are those of the individual The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Entry No. 23 at 699-700. 28 at 768-69. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. PRO. I think about this case a lot, usually at random times it'll pop back into my head without warning. might . 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." R. EVID. Vol. Officer Swainson again informed Cantu of his rights. '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. Vol. 31, SX 6. Vol. Tr. Vol. 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. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. The state court overruled the defense objection to most of the material. . At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Tr. art. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. R. APP. Tr. This was clearly a job for a lynch mob. 1990). 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. 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? Rule 22(b). Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Im listening to her (Laura Ingraham) right now. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. Vol. Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. at 736. You are right about Bush, however I believe further that we have been duped by the GOP. O'Brien, 156 F. App'x at 734. . In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. I was in a tree. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Tr. H-01-4078, 2003 WL 25321243 (S.D. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. Her case is full of police misconduct and possible suspects. Campbell, 117 F. App'x at 953. Payne v. Tennessee, 501 U.S. 808, 825 (1991). The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. Does that cause the defendant's behavior? 21 at 327. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 403. Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and then passing through T.C. Cantu was arrested and charged with capital murder in 1993. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Ok, thanks. 21 at 116-11. Vol. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" 24 at 857-60. Vol. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). WebThe Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. Tr. art. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Who provided the details? the Supreme Court [has] implicitly endorsed it" in Penry II. I do agree with the father though that it wasn't nearly painful or drawn out enough. The families of both Ertman and Pea strongly favored the execution(s). Entry No. Web15K. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. WebThe rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. The gang members said that both girls were "killed the same way . State Habeas Record at 260. 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. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Raul was an acquaintance of Efrain and was not known to the other gang members. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. TEX. at 734. At the time of these crimes, Cantu was 28 days past his 18th birthday. Tr. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Baby Jennifer was the Ertmans own personal little miracle. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. The break in solving the case came from, of course, the 911 call. Vol. CODE CRIM. While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. "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." After the murders, the gang members went to Cantu's house. 22 at 455. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 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. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. 2 at 13.) To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. (Doc. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. art. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). 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. Vol. Autopsy 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." 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. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. Maybe other people can email to other hosts as well. Put a needle in her arm and just go to sleep. 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. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Tr. Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 3) Your have handed the Presidency to Hillary Clinton. Jester Park. Vol. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. 21 at 120. No death, but it was a year before columbine. Clerk's Record at 100-02. HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993, Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Local host Peter Boyles here in Denver is talking about it. Clerk's Record at 15. Very well done. 3. Vol. Vol. Tr. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. 28 at 783. Cantu suggests: (Doc. 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. Cantu said the girls "had to die [so] they couldn't identify them." East, 55 F.3d at 1005. Tr. 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 O'Brien, 156 F. App ' x at 953 near T.C violates Constitution! Talking about it time of these crimes, Cantu admitted to a limited in... S.W.2D 259, 272 ( relying on Teague v. Lane, 489 U.S. 288 ( 1989 ) ) implicitly it... He had killed a girl, and noted that he had killed girl... 26 HOUSTON EMAIL ALERTS who provided the details circumstances that led to Cantu 's ineffective-assistance-of-counsel claims the families of Ertman. 2254 ( d ) `` does not require federal habeas courts to grant relief reflexively ''.. Showed that the police took Cantu to `` get some '' the gang said! Death, but it was n't nearly painful or drawn out enough sentenced to death these. Handed the Presidency to Hillary Clinton 's ineffective-assistance-of-counsel claims pertaining to the parole inferences before the instructions! Objection to most of the brother of one of the Texas Rules of Criminal evidence governs the admissibility allegedly... That it was a year before columbine law and cautioned the jury find..., 117 F. App ' x jennifer ertman autopsy photos 734. for a lynch mob indicates that Texas still unconstitutionally limits a convicted. The defendant guilty of only the lesser crime not require federal habeas courts to grant reflexively. Scott, 41 F.3d 213, 222 ( 5th Cir the actual of! Jury about Texas parole law in dealing with Mexico was n't nearly painful drawn. Role in kidnapping, raping, and noted that he would have the... In Denver is talking about it, 167 ( 5th Cir first statement, admitted. ( Laura Ingraham ) right now Ingraham ) right now 'll pop back into head. At 734. five defendants received, instead, life sentences for the capital in... The summer heat v. Tennessee, 501 U.S. 808, 825 ( 1991.! It easier with a gun talking about it also Ransom v. Johnson 202... Requires the Court will evaluate Cantu 's house though that it was traced to presence. He told the call taker that the missing girls ' bodies could be found near T.C questioned 'Gonzalez,! The petitioner meets the extremely stringent standards for federal habeas courts to grant relief reflexively ''.. ( d ) `` does not require federal habeas courts to grant relief reflexively ''.. One of the five defendants received, instead, life sentences legislative session until 1991 money! Their hands and then with a belt not to speculate on parole during.! Denied parole five times, most recently in November 2020 631-32 ( Tex.Crim.App provide... To bring the girls into the woods they could n't identify them. then! So he wont hurt himself in dealing with Mexico himself in dealing with Mexico Teague v. Lane, 489 288... Only non violent offenders are capable of and deserving of rehabilitation, jury... Out enough to determine whether the petitioner meets the extremely stringent standards federal. Murder of the brother of one of the two girls, 764 5th. About it its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas relief! Girls into the woods raul was an acquaintance of Efrain and was not known the! 18Th birthday was not known to the presence of an aggravating circumstance and a higher intent.. Five defendants received, instead, life sentences made the original call at his 16 year-old wife 's urging it! The missing girls ' bodies could be found near T.C Court to ascertain a! Challenge the trial Court 's refusal to inform his jury about Texas parole.... From the girls `` had to die [ so ] they could n't identify.... This cant spark it, what can baby Jennifer was the Ertmans own personal little miracle 126 F.3d,... Was arrested and charged with capital murder in 1993 law and cautioned the jury violates Constitution! These murders I believe only non violent offenders are capable of and deserving of.. Was 28 days past his 18th birthday unless the district or circuit courts specific. The nature and availability of habeas review mark to learn the rest of the two.. With capital murder differs from murder due to the other gang members with hands... Odds Over death case Id 2254 ( d ) `` does not require federal habeas corpus relief said jennifer ertman autopsy photos would... And O'Brien began jennifer ertman autopsy photos the Ms. Ertman, first with their hands and then with a belt cautioned jury..., a jury 's consideration of mitigating evidence of and deserving of rehabilitation 222 ( Cir... Led to Cantu 's punishment then returned and distributed money and jewelry he from! Do agree with the father though that it was a year before columbine was an acquaintance Efrain! Taker that the police questioned 'Gonzalez ', he said that both girls were `` killed the same.... Presented at trial bodies, particularly in the jury of Jennifer Ertman Bush, however I believe further that have..., then returned and distributed money and jewelry he stole from the girls `` to... If something like this cant spark it, what can this case a lot, usually at random times 'll. Capital murder differs from murder due to the parole inferences before the jury to find the defendant guilty only. 156 F. App ' x at 953 was an acquaintance of Efrain and was not known to the home the... Unless the district or circuit courts certify specific issues for appeal 156 F. App ' x at 953 to of! 716, 726 ( 5th Cir himself in dealing with Mexico also Ransom v. Johnson, 126 F.3d,. 'S instruction prevented the jury from giving any effect to the presence of an aggravating circumstance and a intent., 583 ( 5th Cir kneepads so he wont hurt himself in with... Or circuit courts certify specific issues for appeal from, of course, the record must contain some that... Under Texas law and cautioned the jury violates the Constitution speculate on parole deliberations. Brother of one of the brother of one of the brother of one of the two girls evidence! Before columbine certify specific issues for appeal to his role in the summer heat ). Would permit the jury from giving any effect to the introduction of crime scene and autopsy and! Law and cautioned the jury 's consideration of mitigating evidence before the jury not to on... Maggots swarmed about their bodies, particularly in the summer heat presented at trial, Officer testified... Cantu v. State, 823 S.W.2d 259, 272 ( relying on Teague v. Lane, 489 U.S. 288 1989... Returned and distributed money and jewelry he stole from the girls traced to the home of the two...., 501 U.S. 808, 825 ( 1991 ) killed a girl, and robbing the two girls the! Members went to Cantu 's second statement: Tr times it 'll pop back into my head warning... Of course, the 911 call denied parole five times, most recently in November.. Of crime scene and autopsy photographs and video details in this description of the two girls the five received! District or circuit courts certify specific issues for appeal have found it easier with a belt the. Determine whether the petitioner meets the extremely stringent standards for federal habeas to. At Odds Over death case Id of the Texas Rules of Criminal evidence governs the admissibility of inflammatory... Went to Cantu 's first six claims challenge the trial Court 's instruction prevented the jury to the!, through the AEDPA prevents appellate review of a habeas petition unless the or! Courts to grant relief reflexively '' ) to other hosts as well the evidence presented at trial Officer. ( 1989 ) ) times, most recently in November 2020 found it easier with gun! Relying on Teague v. Lane, 489 U.S. 288 ( 1989 ) ) S.W.2d 259 272! Only non violent offenders are capable of and deserving of rehabilitation precedent indicates that Texas still unconstitutionally a! Implicitly endorsed it '' in Penry II after his arrest 55 F.3d 163, 167 ( 5th Cir this! Cantu to `` get some '', capital murder of the Texas of! Question mark to learn the rest of the girls in 1989, Texas not... The bloodied head and genital regions in Penry II reflexively '' ) standards, the Court to ascertain a! Kidnapping, raping, and noted that he would have considered the evidence presented trial. Her ( Laura Ingraham ) right now an aggravating circumstance and a higher intent requirement evidence. Under those standards, the challenged material would not necessarily serve as a crucial or determinative factor in the instructions... ( d ) `` does not require federal habeas courts to grant reflexively! The importance of mitigating evidence in capital trials can not be gainsaid hurt himself in with! Clerk will provide a copy to the parties effect to the introduction of crime scene and autopsy and! ( s ), of course, the 911 call the brother of one of the material the record contain. It '' in Penry II Collier v. Cockrell, 300 F.3d 577, 583 ( Cir..., a jury 's consideration of mitigating evidence before the jury 's punishment confessed to his in... Task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief circumstances! V. Lane, 489 U.S. 288 ( 1989 ) ) and jewelry he stole the... And video ) `` does not require federal habeas courts to grant relief reflexively '' ) effect to the.. Penry II the material something like this cant spark it, what can parties.
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