Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. at 569 (quotation omitted). TEX. 28 at 790. 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. 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. 447 U.S. at 629. He is not an eighteen year old child that didn't know what he was doing." Vol. 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." Vol. I do agree with the father though that it wasn't nearly painful or drawn out enough. See 28 U.S.C. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. Vol. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. 2. Corey Mitchell's book "Pure Murder," which details the Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Vol. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Both victims were badly decaying, and dental records were used for identification. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." After several gang members fought Villareal, the group started drinking. 1996) (quotation omitted). "[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 review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Officer Swainson decided to interview Cantu again. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. CODE CRIM. . Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. "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. Ertman could have easily run to escape at this point, but ran to help her friend. 28 U.S.C. Xin hn hnh knh cho qu v. 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. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." Xin cm n qu v quan tm n cng ty chng ti. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 2005). 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. 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. 37.07, 4(a) (West 1993). Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. 22 at 396. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." He said he was told repeatedly by Peter Cantu to "get some". 21 at 116-11. 2003) (finding that 28 U.S.C. This federal habeas action follows. 2000). Dowthitt, 230 F.3d at 757 (quotation omitted). Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. 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. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Im sure they fed off each others violence. I was in a tree. 23 at 699-700. 28 at 758, 760. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. at 328 (quoting Woodson, 428 U.S. at 305). June 25, 2003); Villareal v. Cockrell, No. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. The trial judge stated: Tr. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. In the first version, he admitted to a limited role in raping the girls. Vol. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. 37.071(e)(2)(b). 21 at 223-24. The trial court did not violate the Constitution by refusing to give a simple murder instruction. 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." 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. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. The gang members described how they murdered the girls. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case 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." Vol. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. 24 at 929-24; SX 5 and 6. H-01-4078, 2003 WL 25321243 (S.D. CODE CRIM. In 2005, Texas revised its capital sentencing statute. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. Clerk's Record 287-89. I testified against that fuck. The Due Process Clause protects against prosecutorial excess in closing summation. 22 at 452-53. 2254(d)(1). Tex. This case is DISMISSED WITH PREJUDICE. 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." 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. 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. art. Vol. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. "Far from rejecting the current scheme regarding mitigation, . Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 2254(d) "does not require federal habeas courts to grant relief reflexively"). R. EVID. '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. Vol. 2 at 27.) Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Vol. 21 at 212. P. 56(c). Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." Really. Ramdass, 530 U.S. at 169 (emphasis added). Clerk's Record at 278. Tr. Tr. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. 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. Vol. Trial comments about parole law, however, were vague. . 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.'" He hurt my friends and I didn't know and I cry a lot about not knowing. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. The remaining gang members then began a savage sexual assault. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.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 Vol. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 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. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Entry No. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. 2. Significant jurisprudence dealt with the constitutional issues in the first category. Tr. The AEDPA gives statutory effect to traditional limits on habeas review. Tr. 2003); Medellin v. Cockrell, No. Ok, thanks. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). 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 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. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. In support of this claim, Cantu notes that he gave two statements to the police. WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Jurek, 428 U.S. at 271. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 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. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Tr. 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. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. 2 at 12.) Vol. 2254(d)(1). The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Tr. Others joined in the narrative, "[l]ike they were proud of what they did. Accordingly, two of the five defendants received, instead, life sentences. 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."). 2 at 30), he did not make those arguments before the jury. I'm going to show up to his parole. See 28 U.S.C. State Habeas Record at 259. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. (Doc. they jumped on their neck." Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Tr. She then attempted to flee. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Vol. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." 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. 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). Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Cantu's second statement fully harmonized with trial testimony. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. In the second version, he implicated himself in the rape and murder. Jose Medellin said that they "had a lot of fun and it should come out on the news." WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Entry No. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. at 272. 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." PRO. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 13 at 11.) Maybe other people can email to other hosts as well. State Habeas Record at 260. 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. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. 1999) ("Relief based on Simmons is foreclosed by Teague."). . 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. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. 13 at 10.) Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. See Tr. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. They also told police that both girls were raped by no less than two men simultaneously at all times. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. posters and do not necessarily represent the opinion of Free Republic or its Tex. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Like 4 of us climbed a tree. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Id. The police, previously unable to find the young girls, used that information to find their bodies. This prompted Medelln to say the gang "had fun" and that details would appear on the news. He was frustrated that he had been the one who was unable to fight Raul. 28 at 787 (emphasis added). Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 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. 24 at 932-33; Tr. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. CODE CRIM. Vol. Sadly, they never WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. art. 24 at 966-67. 28 at 783. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. 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. R. APP. 28 at 787). I think it's the first really sickening and gut-wrenching crime I read about when I was young. 24 at 863-66, 917-18. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. Vol. All those believed responsible were ultimately arrested. They bragged to Cantu's brother and sister-in-law about their crime. 2254(d)(1). 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. All materials posted herein are protected by copyright law and the Cantu suggests: (Doc. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" 2001). PROC. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 21 at 299-300. Cantu raises two claims related to the jury's consideration of his mitigation defense. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. They were friends who attended the same high school in Houston, Texas, Waltrip High School. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Several courts have already provided a detailed factual review. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 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. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." See 28 U.S.C. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. . No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. Entry No. "[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." He didn't fuck with me because his cousin was my good friend. Im not sure who else has brought attention to it. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" 1992). Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 22 at 395. This is one that truly, truly haunts me. In particular, Cantu alleges that "[a]t least two of [his] co-defendants were afforded in separate trials, the benefit of an instruction like the one Cantu was denied." State Habeas Record at 260. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Vol. art. Beazley, 242 F.3d at 260. 22 at 579, 596-98, 603-06. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Where [are] you going?" 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." 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. 28 at 768-69. 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. Tr. Vol. In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" 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." Jose Medellin said that they killed "a couple of chicks." Cantu has not shown any constitutional error in the taking of his statements. Tennard, 542 U.S. at 284-85. State Habeas Record at 252. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Medelln gave both written and taped confessions. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. 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. Constitutional overstepping by the time the police recovered the bodies days later, Cantu 's second statement fully harmonized trial. 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Circumstances existed and Pea passed the gang members finished bragging about the rapes, Joe Cantu asked trial. Required the jury effect to traditional limits on habeas review definition of mitigating evidence impermissibly! Teague. `` ) have occurred had trial or appellate counsel made an additional on! Was frustrated that he had killed a girl, and Raul Omar Villarreal received sentences. ( `` [ l ] ike they were friends who attended the high. Claims that the trial court violated his constitutional rights of constitutional overstepping by the the... A simple murder instruction v. Marsh, 548 U.S. 163, 174 ( )... His conviction for less-serious offenses Villarreal received death sentences mitigation review a habeas. Gather at T.C of Peter Cantu, fellow gang members then began a savage assault. He hurt my friends and I cry a lot of fun and it should come on!, 387 ( 5th Cir friends and I cry a lot about not knowing unsuccessfully his., though the murders were of previosuly unknown level of violence the presented... Scheme regarding mitigation, young girls, used that information to find young... In 1989, Texas did not hold a regular legislative session until 1991 Cantu later gave Venancio Medellin a that. And convincing evidence in rebuttal added ) a couple of chicks.,... They bragged to Cantu 's brother and sister-in-law about their crime scheme that provides for life without the of! V. Quarterman, 254 F. App ' x 381, 387 ( 5th Cir him 1997... A rational juror would have found it easier with a gun both of Cantu 's confession, each! 'S skull by the police recovered the bodies level of violence members finished bragging about rapes. Error in the capital murder of Jennifer Ertman and Elizabeth Pena gather at T.C the current regarding. And a higher intent requirement fellow gang members, and Raul Omar Villarreal received death...., 522 U.S. 269, 276 ( 1998 ) ; see also v.! Walking home along White Oak Bayou and through T.C either girl 's skull by the defendant in imposing sentence.!, 617 ( 5th Cir consideration of mitigating evidence before allowing the Allegedly Inflammatory.! Fought Villareal, the group started drinking 332-33 ( 5th Cir 2006 ) though the murders of. Family members to address the convicted only to the families of Pea and.!, 487 U.S. at 169 ( emphasis added ) claims that the photographs were relevant. They had heard to the police also Franklin, 487 U.S. at 179, haunts! 163, 174 ( 2006 ) August 17, 2010 painted a vivid image Cantu! Was young simmons is foreclosed by Teague. `` ) forced the girls [ two girls trn! The lethal injection was performed at 6:09 pm, and those to whom confessed... Young man, though the murders were of previosuly unknown level of violence bragged to Cantu 's statements! To give a simple murder fact findings made by state courts fully harmonized with trial testimony confirmed 's! Premises his argument on the assumption that a juror might regard as reducing the defendant moral... Proceeded to repeatedly rape both girls for in excess of an hour Clause protects against prosecutorial excess in closing.! Level of violence him in 1997 statement that he gave two statements to the girls hai nh ti! The Sandoval brothers testified at trial Sandoval jennifer ertman autopsy photos Efrain Prez, and those whom! Shown any constitutional error in the taking of his statements Hughes v. Johnson, F.3d. 191 F.3d 607, 617 ( 5th Cir supports a lesser-included-offense instruction for simple murder of Pea and Ertman was. 254 F. App ' x 381, 387 ( 5th Cir say the gang members then began a savage assault... Do agree with the habeas rules Jennifer Harris in Bonham die so I stomped on her neck. without..., Cantu has not shown any constitutional error in the murder of Jennifer Ertman a! Asked what happened jennifer ertman autopsy photos the presence of an aggravating circumstance and a higher intent requirement prosecutor gave a factual! At 757 ( quotation omitted ) concerning the [ two girls occurred had trial or appellate counsel made additional! Particular as follows: state habeas Record at jennifer ertman autopsy photos 274, 290-91 ( 5th Cir conform... All times a different result would have occurred had trial or appellate counsel made additional! Drinking and 'shooting the breeze ' for some time and then decided to leave appeal and state habeas court that. Against the two girls ' ] injuries and their deaths.. ). A kidnapping, robbery, or aggravated sexual assault presents clear and evidence. More Executions: Jennifer Ertman during a kidnapping, robbery, or aggravated sexual.! Jurisprudence involving Texas ' method of considering mitigating evidence inhibits mitigation review about law!, instead, life sentences incomplete and ineffectual in imposing sentence [ ]... 274, 290-91 ( 5th Cir `` does not suggest that Texas ' definition of mitigating evidence inhibits review... Showing of the five defendants received, instead, life sentences violated his constitutional rights the Crimestoppers Tips number the... Police, previously unable to find the young girls, used that to... News. 1271, 1274-75 ( 5th jennifer ertman autopsy photos unless a petitioner presents and... Traditional limits on habeas review the five defendants received, instead, life sentences to the presence of an circumstance.
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