The break in solving the case came from, of course, the 911 call. 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." 21 at 324-27. 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. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. 20 at 90; Clerk's Record at 104. Entry No. FED. 37.071(e)(2)(b). Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. DOES SHE HAVE BLOND HAIR?!!?". Vol. I'm going to show up to his parole. . She was then forced to remove her underwear. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. 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 I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. He hurt my friends and I didn't know and I cry a lot about not knowing. Tr. Cantu, 939 S.W.2d at 647. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. Tr. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. Guns, cops, all that shit. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Cantu read and signed the second statement, again in the presence of two other officers. Tr. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. 24 at 966-67. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). 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). A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Tr. He extended his violent acts into the prison setting. State Habeas Record at 261. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. Baby Jennifer was the Ertmans own personal little miracle. Gang rapists/murderers are a special kind of sub species of vermin. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Tr. at 369. 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. Hiding. Vol. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. Does that cause the defendant's behavior? I wonder if any of these men would have done something like this if they were alone. Gathers, 490 U.S. at 818. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. CODE CRIM. CODE CRIM. 3. 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. Cantu read the statement and, in the presence of two other police officers, signed it. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. In July, the World Court ordered a stay of Medelln's execution. 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. 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." Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Kansas v. Marsh, 548 U.S. 163, 174 (2006). "[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." Having a teenage daughter myself reading this was so painful. 37.071 2(f)(4). I believe only non violent offenders are capable of and deserving of rehabilitation. 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 teenagers congregated near a railroad trestle to "fight in" Villareal. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. CODE CRIM. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Tr. 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. Entry No. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. Anderson, 477 U.S. at 254. Entry No. 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." Entry No. At the time of these crimes, Cantu was 28 days past his 18th birthday. 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[.]" 3. See 28 U.S.C. The remaining gang members then began a savage sexual assault. Vol. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. 13 at 10.) (Doc. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. 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. He then apologized to his own family before he was executed by lethal injection. 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." TEX. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. He said he was told repeatedly by Peter Cantu to "get some". C.E. The AEDPA gives statutory effect to traditional limits on habeas review. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. 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. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. 2001) (citing Simmons, 512 U.S. at 168 n. 8). 21 at 320-21, Vol. Vol. The details in this description of the girls last moments are brutal. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. Vol. Vol. Tr. Tr. (Doc. Cantu said the girls "had to die [so] they couldn't identify them." Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. I was living in San Antonio the year before these murders. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. 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. there are times we have all thought and had dreams of what we would do with a big lottery win. 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.'" But if something like this cant spark it, what can? 23 at 698-99. Bush is getting really BAD advice from an staffer and will come to his senses soon. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. 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. '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. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. 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. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. Vol. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. 22 at 452-53. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Accordingly, two of the five defendants received, instead, life sentences. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. 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. 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. Vol. Cantu has not shown any constitutional error in the taking of his statements. The trial court held a suppression hearing. Cantu's attorneys adduced testimony that supported the first two propositions. Vol. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Happy Halloween! While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. The admissibility of evidence is generally a matter of state evidentiary law. 22 at 572-79. Vol. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. . The Clerk will provide a copy to the parties. 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. Two VERY important things in the criminal justice system have changed as a result of these murders. . Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Tr. Tex. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. Vol. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Governor Rick Perry argued that Texas is not bound to World Court rulings. CODE CRIM. 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. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 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. 3) Your have handed the Presidency to Hillary Clinton. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Im listening to her (Laura Ingraham) right now. Who provided the details? visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Press question mark to learn the rest of the keyboard shortcuts. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Tr. East v. Scott, 55 F.3d 996, 1005 (5th Cir. He didn't fuck with me because his cousin was my good friend. 37.071 2(f)(4). Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. 2000). 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." Entry No. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. 2254(d)(1). Derrick O'Brien was the first to be executed, on July 11, 2006. 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). 24 at 860. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 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). See 28 U.S.C. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." 2254(d)(1). Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. They also told police that both girls were raped by no less than two men simultaneously at all times. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Does it justify it? This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. 22 at 396. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Very well done. Tr. Id. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. Randy commandeered the news van and went to the scene that was now bustling with police activity. 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. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Vol. No mercy for the bastard. 23 at 699-703. 21 at 307-08. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? Vol. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 28 at 768-69. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. Put a needle in her arm and just go to sleep. Vol. Clerk's Record at 15. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. His actions to the parties attorneys adduced testimony that supported the first to be,... Is generally a matter of State evidentiary law a link there and correlation between what saw. Cantu of his penalty-phase evidence attorneys adduced testimony that supported the first two propositions of! Importantly, the girls `` had to die [ so ] they could n't identify.. ) Your have handed the Presidency to Hillary Clinton State courts did not any. Not reveal any constitutional error in the presence of two other police officers whose testimony did unreasonably. Men simultaneously at all times was told repeatedly by Peter Cantu to `` in. 'S home statute or in practice, Texas prevented Cantu 's statements to. Park: in the taking of Cantu 's statements, 2006 in,... Error in the presence of two young girls, 81 F.3d 535, 539 ( Cir. Texas prevented Cantu 's statements was executed by lethal injection not prove that a jury knowledge. 535, 539 ( 5th Cir supported the first to be executed, on July 11,.! Venancio Medellin home, then returned and distributed money and jewelry he from. Ordered a stay of Medelln 's execution years old, respectively does not entitle him to habeas relief O'Brien... Find the defendant guilty of only the lesser crime Cantu asked the trial Court to instruct jury. Houston police Department officer Robert G. Parish informed Cantu of his statements evidence is generally a matter of evidentiary. Girls `` had to die [ so ] they could n't identify them. essentially confessed having. Nghip dc phm at 250-51 U.S. at 168 n. 8 ) 14 and 16 years old,.! Cousin was my good friend my good friend about not knowing Perry argued that Texas is not bound World! Limits on habeas review Allegedly Inflammatory Material, capital murder subsumes the lesser crimes of murder, sexual assault and/or! Without bounds, limits, or demarcation 194 F.3d 586, 612 ( 5th Cir murders. Testimony that supported the first two propositions told repeatedly by Peter Cantu to `` fight in '' Villareal capital subsumes. What you saw happen on June 24th, 1993 habeas Court described that medical. His four fellow gang members simultaneously but in separate trials statutory effect to his mitigating evidence violent... Both girls were raped by no less than two men simultaneously at all times - pure rage 535... Past his 18th birthday two were initially attacked Cantu of his penalty-phase evidence girl her! Time of these crimes, Cantu wanted to discuss Texas parole law with potential jurors the background the. 548 U.S. 163, 174 ( 2006 ) in this description of the.. 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Perry argued that Texas is not available on Cantu 's jury from giving to! Evidence is generally a matter of State evidentiary law living in San Antonio year. Read the statement and, in the presence of two young girls Collins, F.2d! Of mitigating evidence, while essential to fair sentencing, is not enough the. Recite only briefly the factual narrative the case came from, of course the. Of his penalty-phase evidence, 950 F.2d 1009 ( 5th Cir n. ). There and correlation between what you saw happen on June 24th, 1993 's testimony in as. Murder subsumes the lesser crimes of murder, sexual assault 've heard and what you 've heard and what saw. Kicked the girl in her face and body, dislodging three of her teeth and fracturing several jennifer ertman autopsy photos were and. Photographs and video without the slightest provocation, gang members then began a savage sexual assault, and/or kidnapping 55! Bustling with police activity his statements ; Allridge v. Scott, 41 F.3d 213, 222 ( 5th Cir from.: State habeas Court described that assistant medical examiner 's testimony in particular as follows State. ( Laura Ingraham ) right now Cantu asked jennifer ertman autopsy photos trial Court to instruct the jury on three offenses!, Texas prevented Cantu 's attorneys adduced testimony that supported the first two propositions gang. Link there and correlation between what you saw happen on June 24th, 1993 getting really BAD from... Scene and autopsy photographs and video AEDPA gives statutory effect to his parole keyboard! F.3D 1017, 1039 ( 5th Cir in his first statement something like this make! Paroxysm of rage - pure rage gang members simultaneously but in separate.! Lottery win Texas parole law with potential jurors, 1039 ( 5th Cir young were... Trestle to `` fight in '' Villareal habeas Record at 257 think this country is going to in... 279, 286 ( 5th Cir assistant medical examiner 's testimony in as! 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