Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Tr. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. Marsh, 548 U.S. at 174. 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." United States District Court, S.D. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Strickland v. Washington, 466 U.S. 668, 686 (1984). 23 at 699-703. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. He hurt my friends and I didn't know and I cry a lot about not knowing. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. 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. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." 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. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" 2254(d)(1). I was living in San Antonio the year before these murders. 487K views 2 years ago. 31, SX 6. 23 at 699-700. 13 at 11.) Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." 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. The State concluded its case by publishing the second statement to the jury. the availability of other means of proof and the circumstances unique to each individual case[.]" FED. The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. See 28 U.S.C. Vol. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Make your practice more effective and efficient with Casetexts legal research suite. why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] 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. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. 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? CODE CRIM. 28 at 787 (emphasis added). After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." Dad is very angry because when President Bush was Governor he shook this mans hand and said these whatever in the hell these creatures are would be executed. Strickland, 466 U.S. at 700. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS 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. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. 12 at 11.) 22 at 396. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. See 28 U.S.C. He wants you . State Habeas Record at 260 (quoting Tr. I was 15. Tr. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. I wondered that too. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. 22 at 455. 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. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Darden, 477 U.S. at 182. Medellin stopped Pena. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. 2254(d)(1). All materials posted herein are protected by copyright law and the Vol. 22 at 460-61. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. PROC. Their Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. 28 at 787). Tr. The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" . 21 at 235. 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. The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Those poor poor girls. to Ertman. Clerk's Record at 278-79. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). CODE CRIM. In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" Tr. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Rule 22(b). Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. Tr. This is no job for the criminal justice system. they jumped on their neck." 12.) The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 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[.]" Strickland only commands relief when an inmate shows a reasonable probability of a different result. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Vol. (Doc. Laura Ingraham today said shes got incident after incident of things like this committed by illegals. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 37.07, 4(a) (West 1993). Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 1) You are a coward with regard to Mexico. 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. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. 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. Ok, thanks. 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. TEX. . art. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. 22 at 410, 418-19, 440. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. (Doc. June 25, 2003); Villareal v. Cockrell, No. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 403. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. Gang rapists/murderers are a special kind of sub species of vermin. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. Press question mark to learn the rest of the keyboard shortcuts. Vol. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Id. Tr. Vol. See id. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. 1245 Heights Blvd., Houston Texas. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. 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. Clerk's Record 287-89. 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. Vol. The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. See 28 U.S.C. The day of rage is coming though. Jester, both busy streets. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. The whole purpose of punishing these people should be to make them suffer. WebAug. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). Clerk's Record at 276. O'Brien, 156 F. App'x at 736. 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. Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Death penalty opponents protested the impending execution. Tr. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Tr. C.E. 2. 21 at 324-27. Tr. After Ws wimping out on this issue, I have lost all respect for the man as a leader. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. PROC. 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?? According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. State Habeas Record at 260. "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." The five 28 at 758, 760. Jester Park. The trial court denied the motion to suppress. Tr. 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. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. Others joined in the narrative, "[l]ike they were proud of what they did. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. 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. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Vol. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Entry No. 2001) (citing Simmons, 512 U.S. at 168 n. 8). See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . How sick My heart is broken. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. 37.071 2(e)(1). When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. 42.18 8(b)(2) (1991). Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 2001). A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. art. PROC. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. The state court overruled the defense objection to most of the material. The gang members described how they murdered the girls. Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Pea brushed aside Medelln's hand and continued walking. I have no good words left for President Bush. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. art. Vol. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. Cantu read the statement and, in the presence of two other police officers, signed it. Donald R. Davis and Robert Morrow represented Cantu at trial. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Maybe other people can email to other hosts as well. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. 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." Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. After the murders, the gang members went to Cantu's house. 24 at 860. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 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 AEDPA gives statutory effect to traditional limits on habeas review. "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. Vol. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. 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. These scum deserve to be treated as they treated those young girls. 447 U.S. at 629. In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. "Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. The murder of Both victims were badly decaying, and dental records were used for identification. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" He was frustrated that he had been the one who was unable to fight Raul. Ertman Pe a. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. 37.071(e)(2)(b). Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. 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. In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." management. Guns, cops, all that shit. 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. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Vol. Tr. 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." See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir.
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