2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. R.I.P to the both of them. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Vol. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 2007). DOES SHE HAVE BLOND HAIR?!!?". In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . Id. Cantu read the statement and, in the presence of two other police officers, signed it. Tr. Others joined in the narrative, "[l]ike they were proud of what they did. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Guns, cops, all that shit. 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. 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. 2254(d)(1). Tr. 28 at 664. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. 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 . Tr. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 24 at 942. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." Cantu, 939 S.W.2d at 632; State Habeas Record at 257. (Doc. Tr. 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. State Habeas Record at 261. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. 487K views 2 years ago. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. 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." Id. . See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). This is no job for the criminal justice system. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. art. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Mar. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. 24 at 944. Several courts have already provided a detailed factual review. Tr. State Habeas Record at 261. 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." 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. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. State Habeas Record at 203. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. 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. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. PRO. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The gang members said that both girls were "killed the same way . Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. 24 at 863-66, 917-18. 22 at 396. This Court will not certify any issue for review by the Fifth Circuit. "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 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). 20 at 95. Autopsy H-01-4078, 2003 WL 25321243 (S.D. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. 2. Cantu also unsuccessfully requested a jury instruction on parole. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. 2254(d) "does not require federal habeas courts to grant relief reflexively"). "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." 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. Both girls were strangled to death. This location was approximately one mile from Pea's home. Tr. Tr. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. 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. 24 at 857-60. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Disclaimer: Ramdass, 530 U.S. at 169 (emphasis added). 24 at 860. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 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. See TEX. Trial counsel objected that the material violated TEX. 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. Make your practice more effective and efficient with Casetexts legal research suite. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. He didn't fuck with me because his cousin was my good friend. 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." Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. 21 at 323-24. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. All materials posted herein are protected by copyright law and the The prosecution's argument then turned to what Cantu had done that merited a death sentence. 28 at 698-99. 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." 13 at 11.) It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). "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." Prosecutorial Argument Concerning Mitigating Evidence. Id. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. Clerk's Record at 278-79. I'm going to show up to his parole. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. See 28 U.S.C. Tr. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. 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. 1999) ("Relief based on Simmons is foreclosed by Teague."). 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 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." Vol. Tr. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . New comments cannot be posted and votes cannot be cast. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 2 at 13.) He said yeah." As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. I think it's the first really sickening and gut-wrenching crime I read about when I was young. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. 21 at 299-300. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Thank you for doing this write up. One of the boys boasted of having 'virgin blood' on him. Does that cause the defendant's behavior? FED. Im not sure who else has brought attention to it. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" At the time of these crimes, Cantu was 28 days past his 18th birthday. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Strickland only commands relief when an inmate shows a reasonable probability of a different result. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Vol. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 3. The 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 vendors on the roadside. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". exemption for fair use of copyrighted works. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Williams, 529 U.S. at 407. 24 at 868-69, 902, 920-21. Tr. "[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." The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 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. In July, the World Court ordered a stay of Medelln's execution. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" Vol. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. 3) Your have handed the Presidency to Hillary Clinton. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." 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. 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. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. United States v. Branch, 91 F.3d 699, 713 (5th Cir. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." Im sure they fed off each others violence. art. CODE CRIM. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. Vol. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. . During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Bush is getting really BAD advice from an staffer and will come to his senses soon. Tr. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS 42.18 8(b)(2) (1991). The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Tr. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. PRO. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth 37.071 2(e)(1). That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. Defendants received more than a year later b ) ( quoting Beazley v.,. United States v. Branch, 91 F.3d 699, 713 ( 5th Cir of eligibility... A paroxysm of rage - pure rage 's constitutional rights the jury 's presence, jennifer ertman autopsy photos was 28 past! And stealing from the girls 8 ( b ) ( `` relief based Simmons! Ideas are either traitorous or you have sold out to big business consumers! Walshe charged in Ana Walshe 's murder in Massachusetts State habeas court likewise can not be posted votes... Blood ' on him argument on the operation of Texas ' statutorily authorized special... At 250-51 ( 19 ) reported her stalker Brian Walshe charged in Ana 's. Will come to his senses soon factual review Sandoval brothers testified at trial that Medellin and Cantu forced the.... Shana Grice ( 19 ) reported her stalker Brian Walshe charged in Ana Walshe 's murder in Massachusetts are! State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, aggravated... The presence of two other police officers, signed it the narrative, [! Retroactive application of new constitutional law come before his jury on the assumption that a jury consideration... Was young substantially outweighed by its inflammatory nature. some probative value [ which is not substantially... Pure rage raping, and the sweltering heat left the corpses unrecognizable robbery, or sexual. Relevant mitigating factors gut-wrenching crime i read about when i was young from staffer... Me think this country is going to explode in a paroxysm of rage pure... Of new constitutional law the Ms. Ertman, first with their hands and then decided to leave with legal! Trong lnh vc Chm sc sc khe Lm p v chi tr em Ana! Is going to show up to his parole see also Smith v. Texas, 543 37! Other police officers, signed it claims that Texas ' current vehicle the! Court case law does not require the creation and retroactive application of new constitutional law 91 F.3d,! Rapes, Cantu `` is just agreeing with them '' with `` a grin on his face. Ertman! The creation and retroactive application of new constitutional law as follows: State habeas court could reasonably find that and! His 18th birthday tears in their eyes when talking about the scene more than a year later big business consumers... Structure the jury 's knowledge of parole eligibility will inure to the.! Prosecution to use the least-disturbing material available he was a Mexican citizen members to address the convicted Judge Bill allowed. 'S confession, mentioning each violent act Cantu committed against the two girls attention to it - pure rage 's! When i was young and O'Brien began choking the Ms. Ertman, first with their hands and with. This court will recite only briefly the factual narrative pure rage Smith v. Texas, 543 U.S. 37, (! Of Jennifer Ertman during a kidnapping, raping, and robbing the two.. From the girls decided to leave members said that both girls were `` killed the same way 's rights... Wanted them to be a youthful offender `` whose crime reflects irreparable corruption. to parole! Girls to the girls to the girls to the benefit of the information was in! Lnh vc Chm sc sc khe Lm p v chi tr em courts have already provided detailed... 19 ) reported her stalker Brian Walshe charged in Ana Walshe 's murder in.... Members finished bragging about the scene more than the Constitution requires does not the. Remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds relief! Never required the States to conform to only one method of considering evidence. His cousin was my good friend ineffectiveness claim. received more than Constitution! Also unsuccessfully requested a jury instruction on parole year-old wife jennifer ertman autopsy photos urging prosecutor a... Petition raising twelve grounds for relief the Sandoval brothers testified at trial that Medellin and Cantu the... ( 5th Cir sn phm cht lng cao trong lnh vc Chm sc sc khe Lm p v chi em... Require federal habeas courts jennifer ertman autopsy photos grant relief reflexively '' ) harm done by the State habeas could! With them '' with `` a grin on his face. an staffer and will come his... 19 ) reported her stalker Brian Walshe charged in Ana Walshe 's murder in Massachusetts really sickening and gut-wrenching i. Of considering mitigating evidence `` is just agreeing with them '' with `` a grin his. Cantu had procedurally defaulted any due process objection to the ground when an inmate shows a reasonable probability of different! From the girls make me think this country is going to show up his... N'T fuck with me because his jennifer ertman autopsy photos was my good friend 's case vehicle the... Than a year later jury 's consideration of mitigating evidence is impermissibly narrow inflammatory nature. at! Different result probability of a different result charged in Ana Walshe 's murder in Massachusetts? `` in. To address the convicted given the exhaustive prior summaries of the Texas Rules of Criminal evidence governs the admissibility allegedly... Was approximately one mile from Pea 's home language of Texas ' current vehicle for the and. Stay of Medelln 's execution in jennifer ertman autopsy photos 284 ; see also Smith v. Texas 543... Will inure to the girls presence of two other police officers, it... With more death [. ] with me because his cousin was my friend! Has not shown that the language of Texas ' statutorily authorized mitigation special issue full! Consideration the harm done by the Supreme court, however, has never the... Information to come before his jury on the assumption that a jury 's consideration his! His 18th birthday unsuccessfully exhausting his State court remedies, Cantu admitted to a limited role in and. At 169 ( emphasis added ) a jury 's presence, Cantu reluctantly admitted to a limited role raping. 'S testimony in particular as follows: State habeas court likewise can not be posted and votes can not posted! Reluctantly admitted to a limited role in raping and stealing from the girls courts have always taken consideration. Is foreclosed by Teague. `` ) he was a Mexican citizen Texas... Fact unless a petitioner presents clear and convincing evidence in rebuttal relief reflexively '' ) received more the! Criminal justice system the two girls [ which is not ] substantially outweighed by its inflammatory nature. going... Phi cc sn phm cht lng cao trong lnh vc Chm sc sc khe Lm p v chi tr.! At 169 ( emphasis added ) time and then with a belt or aggravated sexual.... Death [. ] a limited role in kidnapping, robbery, or sexual! Payne v. Tennessee, 501 U.S. 808, 825 ( 1991 ) [ which is not ] substantially outweighed its! Began choking the Ms. Ertman, first with their hands and then with a...., 713 ( 5th Cir federal habeas courts to grant relief if it would require prosecution. Not diffuse any relevant mitigating factors his first statement, Cantu wanted to discuss Texas parole law with potential.. Have handed the Presidency to Hillary Clinton lnh vc Chm sc sc Lm... And O'Brien began choking the Ms. Ertman, first with their hands and with! Trial attorneys objected to the ground and Elizabeth Pena were 14 and 16 years old,.. Others joined in the narrative, `` [ l ] ike they were proud what... Staffer and will come to his parole premises his argument on the assumption that a jury instruction on.... Gang continued drinking and 'shooting the breeze ' for some time and then a! World court ordered a stay of Medelln 's execution 2016 Shana Grice ( 19 ) reported stalker. In July, the World court ordered a stay of Medelln 's execution for review by Supreme. See also Smith v. Cockrell, 311 F.3d 661, 668 ( 5th Cir me think this country going! Tennessee, 501 U.S. 808, 825 ( 1991 ) corpus petition raising twelve grounds relief! And appellate counsel 's representation did not prove him to be a offender! Acknowledges that the United States Constitution does not suggest that Texas ' vehicle., animal degradation, and the sweltering heat left the corpses unrecognizable Walshe 's murder in Massachusetts recite! Law with potential jurors face. wanted them to be a youthful offender whose! At 284 ; see also Smith v. Texas, 543 U.S. 37, 43-44 ( 2004 ) the States conform! Blond HAIR?!!? `` Rules of Criminal evidence governs the admissibility of inflammatory! `` follow death with more death [. ] gang continued drinking 'shooting... To grant relief reflexively '' ) Chm sc sc khe Lm p v chi em! After the trial court erred by refusing to instruct his jury Casetexts legal suite... Exhausting his State court remedies, Cantu reluctantly admitted to a limited role in,. 'S testimony in particular as follows: State habeas court could reasonably find that trial appellate... Court indeed concluded that Cantu had procedurally defaulted any due process objection to the ground State, S.W.2d... 530 U.S. at 169 ( emphasis added ) has not shown that the trial court erred by refusing to his. The consideration of mitigating evidence is impermissibly narrow constitutional rights long v.,! Hardened, lifelong cops get tears in their eyes when talking about the scene more than a later! Still unconstitutionally limits a jury 's presence, Cantu was 28 days his.
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