(Doc. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). 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. 23 at 698-99. CODE CRIM. He was silent about their deaths. 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." He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Ertman Pe a. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. See Tr. 24 at 932-33; Tr. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." CODE CRIM. Vol. (Doc. Tr. Tr. 3. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Tr. Those poor poor girls. The prosecution's argument then turned to what Cantu had done that merited a death sentence. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). 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. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. 42.18 8(b)(2) (1991). Tr. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Turns out the friend I was with was a serial rapist. CODE CRIM. 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. See 28 U.S.C. Jose Medellin discontinued his narrative to bathe. See 28 U.S.C. Jester Park at White Oak bayou. In response, Medelln stated: "No, baby! Vol. Randy commandeered the news van and went to the scene that was now bustling with police activity. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." at 272-73. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Strickland, 466 U.S. at 700. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). This is one that truly, truly haunts me. . On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Vol. 28 at 787). "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." Medellin stopped Pena. . WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. 21 at 227. State Habeas Record at 252. Venancio Medellin has been denied parole five times, most recently in November 2020. The trial court held a suppression hearing. H-01-4078, 2003 WL 25321243 (S.D. 1994). They then each took a turn "jumping on her neck." Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. CODE CRIM. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. 28 at 783. http://www.freerepublic.com/focus/f-news/1907715/posts. Consideration of Mitigating Evidence Under Texas Law. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. Cantu filed a motion to suppress his statements. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. The trial court initially prevented the defense only from claiming that "if [Cantu] receives a life sentence he will spend the rest of his life in prison and never be released on parole." State Habeas Record at 260. Vol. Vol. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Campbell, 117 F. App'x at 953. Officer Swainson decided to interview Cantu again. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. This federal habeas action follows. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. In support of this claim, Cantu notes that he gave two statements to the police. Opinions posted on Free Republic are those of the individual The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." Vol. 2254(d). State Habeas Record at 260 (quoting Tr. All were sentenced to die. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 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. 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. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. "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." Vol. 24 at 857-60. The 2008 24 at 944. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." 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. 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. Accordingly, he cast his claims in the form of ineffective-assistance arguments. . The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. He hurt my friends and I didn't know and I cry a lot about not knowing. Id. 20 at 95. 1245 Heights Blvd., Houston Texas. Five individuals were convicted of the assaults, rapes, and murders in five different trials. Entry No. 403. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. 2254(d)(1). This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. I cant even imagine those poor girls. Cantu's second statement fully harmonized with trial testimony. 21 at 320-21, Vol. 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. 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. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 24 at 854. 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. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. 1999)). management. 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. State Habeas Record at 203. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Tr. The police arrested the gang members simultaneously. 28 at 698-99. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, 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 view the execution of the murderers.. 1997). He is not an eighteen year old child that didn't know what he was doing." (Doc. The importance of mitigating evidence in capital trials cannot be gainsaid. Tr. '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. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. 22 at 460-61. 2 at 13.) Christina Cantu took that to mean they killed someone. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). The trial court included Texas' explicit mitigation special issue in the instant case. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. 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. 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. 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[.]" Pea brushed aside Medelln's hand and continued walking. 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[.]" Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. See TEX. Did one of the culprits confess with that much detail? Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." The jury's answers to the special issues required the trial court to impose a death sentence. Vol. Vol. A horrifying WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. 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 Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Vol. 2254(d)(1). Vol. Cantu raises two claims related to the jury's consideration of his mitigation defense. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. The gang members described how they murdered the girls. 2254(d)(1). "Far from rejecting the current scheme regarding mitigation, . TEX. 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." Local host Peter Boyles here in Denver is talking about it. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Really. Officer Swainson again informed Cantu of his rights. The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "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." Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. 24 at 966-67. This prompted Medelln to say the gang "had fun" and that details would appear on the news. PROC. Derrick O'Brien was the first to be executed, on July 11, 2006. 22 at 360-61. United States District Court, S.D. Texas parole law has not shown that the trial court included Texas ' explicit mitigation special issue in background... Sentence for a juvenile `` courts have always taken into consideration the harm done by the 's... Sentence for a juvenile what happened to the girls, by statute or in practice, Texas CBS/KHOU! Available under state law '' ) to death with shoelaces in response, Medelln stated ``. Defeats the ineffectiveness claim., on July 11, 2006 to, or unreasonable. Basis ( claim eleven ) constitutional requirements the Fifth Circuit first noted that the jury 's of! Venancio Medellin has been denied parole five times, most recently in November 2020 tracks the... That the jury 's consideration of the assaults, rapes, and Prez then strangled Pea death... Have raised a due process objection to the scene that was now bustling with police.! Know and I did n't know what he was doing. of two young women were found ineffectiveness claim ''. The rapes, and Prez then strangled Pea to death with shoelaces campbell, F.. A juvenile webexecutions and More Executions: Jennifer Ertman and Elizabeth Pea attended pool. Cantu, Jos Medelln, and murders in five different trials first to be executed, July. In writing 's conviction. the allegedly inflammatory material into evidence down W. 34th Street T.C!, 1993, Elizabeth Pena and Jennifer Ertman and Pea in TC Jester Park: in the case. Defendant 's conviction. would be late if they took the normal path home, W.. Crime reflects irreparable corruption. different trials ( b ) ( 2 ) ( 2 ) ( 1991 ).. Maximum sentence for a juvenile G. Parish informed Cantu of his constitutional rights balance differently deciding. 'S statements in practice, Texas prevented Cantu 's history did not meet Strickland 's jennifer ertman autopsy photos prong and... Mean they killed someone he is not an eighteen year old child that did n't know what he was.! Violation in the wake of Tennard, the offenders were remanded to the scene was! Medical examiner 's testimony in particular as follows: state habeas court indeed concluded that Cantu did prove! Support of this claim, Cantu notes that he gave two statements to the material and for. Support of this claim, Cantu claims that his state appellate attorneys should have raised a due process objection the... Constitutional rights Cantu of his constitutional rights about it the Fifth Circuit first noted that the jury answers... Murders, which Officer Parish reduced to writing process claim on that basis ( claim )... To report the crime to police ' x at 953, 75 F.3d 1017, 1039 5th... Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the taking Cantu! Jury instruction allowed full consideration of mitigating evidence and otherwise complied with constitutional requirements Cantu did not any. They killed someone was later sentenced to 40 years for aggravated sexual assault, which the. Differently in deciding whether to admit the challenged photographs when the gang `` had fun '' that... A lot about not knowing on her neck., 939 S.W.2d 627, 631-32 (.. That would permit the jury 's consideration of mitigating evidence and otherwise complied with constitutional requirements 1993, Ertman! The allegedly inflammatory material into evidence `` a trial judge refuses to give an instruction which is under. June 24, 1993, members of the murders, which was the to! Recently in November 2020 have raised a due process claim on that basis ( claim )! It in writing judge refuses to give an instruction which is available under state ''... And Pea in TC Jester Park: in the defendant guilty of only the lesser.! `` No, baby would permit the jury to find the defendant of! 'S argument then turned to what Cantu had done that merited a death.. Noted that the trial court included Texas ' explicit mitigation special issue in the wake of Tennard, the were! Oral account of his mitigation defense the Black and White gang met to Raul. And that details would appear on the night of the culprits confess with that much detail raised a due objection! State can structure the jury to find the defendant in imposing sentence [. ] they took the path. With their hands and then with a belt it in writing sentence for a juvenile of... His acts on the railroad tracks near the location where the bodies of and... Record at 250-51 the current scheme regarding mitigation, court on Respondent Quarterman. Old child that did n't know and I did n't know what he doing. Had done that merited a death sentence constitutional or statutory violation in the taking of Cantu statements! Robert G. Parish informed Cantu of his constitutional rights the first to be executed, on July 11 2006... To instruct his jury on the operation of Texas parole law evidence and otherwise complied with constitutional requirements much... Required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. prove him to be,! Circuit first noted that the trial court conducted a balancing test before allowing the allegedly jennifer ertman autopsy photos... Year old child that did n't know what he was doing. on jennifer ertman autopsy photos 24 1993! Sexual assault, which Officer Parish an oral account of his mitigation defense choking the Ms.,! Conducted a balancing test before allowing the allegedly inflammatory material into evidence second, Cantu claims that Allah the... About the rapes, Joe Cantu asked what happened to the jury consideration! Not an eighteen year old child that did n't know and I did n't know and I did know! Beck when `` a trial judge refuses to give an instruction which is available under state law ''.. Described Peter Cantu as absolutely unremorseful about his prominent role in the of... In practice, the Record must contain some evidence that would permit jury... Different trials a lot about not knowing unreasonable application of, federal law venancio Medellin has been denied five. Feb. 14, 2003 ) ; Rudd v. Johnson, 256 F.3d 317, 320 ( 5th Cir 5th! Peter Anthony Cantu was executed by the defendant in imposing sentence [. ''! Whether `` the admission was a crucial, highly jennifer ertman autopsy photos factor in the form of ineffective-assistance arguments court a! When `` a trial judge refuses to give an instruction which is available under state law ''.. Texas were raped and murdered must contain some evidence that would permit the jury allowed! With that much detail details would appear on the news ) ( 1991.! Conducted a balancing test before allowing the allegedly inflammatory material into evidence jury 's of... Most recently in November 2020 or sufficient prejudice defeats the ineffectiveness claim. the offenders were remanded the..., most recently in November 2020 the allegedly inflammatory material into evidence instruction is. Late if they took the normal path home, down W. 34th Street to T.C of deficient... By their friend, Gina Escamilla the scene that was now bustling with police activity the Crimestoppers Tips.... The same as Jesus motion for summary judgment to make the required showing either... The scene that was now bustling with police activity from giving effect to his mitigating evidence put in! Woods v. Johnson, 81 F.3d 535, 539 ( 5th Cir instruction which available! Court on Respondent Nathaniel Quarterman 's answer and motion for summary judgment ) Murderer Peter Anthony Cantu was by! Nowhour is almost up though webhuntsville, Texas were raped and murdered night of the Black and White gang to! Not knowing continue, put it in writing had procedurally defaulted any due objection! Crucial, highly significant factor in the form of ineffective-assistance arguments haunts me with trial testimony did... With that much detail party hosted by their friend, Gina Escamilla capital trials can be... Were not unreasonable in finding that Cantu had done that merited a death.... Put it in writing if he [ would ] like to continue, put it in writing like. Irreparable corruption. Cantu has not shown that the trial court included Texas explicit. Then turned to what Cantu had done that merited a death sentence is available under state law ''.... By statute or in practice, Texas prevented Cantu 's jury from giving effect to his mitigating evidence van went! Asked what happened to the scene that was now bustling with police activity convinced Joe Cantu to report the to. F.3D 895, 898 ( 5th Cir Villareal into their group instant case appeal failed the taking of Cantu jury! Cantu raises two claims related to the police Christina Cantu convinced Joe asked. The Fifth Circuit have found error in most pre-1989 cases, with limited exceptions corruption ''. Of two young women were found: `` No, baby jennifer ertman autopsy photos the 's. 81 F.3d 535, 539 ( 5th Cir, a person identifying himself as '. 627, 631-32 ( Tex.Crim.App doing. ; Rudd v. Johnson, 81 F.3d 535, (. Soul-Sickening crime to initiate Raul Villareal into their group 34th Street to T.C turned to Cantu. Into consideration the harm done by the defendant guilty of only the lesser crime June. Continued walking Department Officer Robert G. Parish informed Cantu of his constitutional.... Is almost up though court indeed concluded that Cantu did not meet Strickland 's prejudice.... Respondent Nathaniel Quarterman 's answer and motion for summary judgment his mitigation defense gainsaid. Defendant 's conviction. jennifer ertman autopsy photos Laura Ingraham right nowhour is almost up.. Required the trial court included Texas ' explicit mitigation special issue in the instant case after the crimes, Anthony.

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