Vol. It's his choice. 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. After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. 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." Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". at 171. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). (Doc. Clerk's Record at 100-02. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. The police were sent to the scene and searched the park without finding anything. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 21 at 120. TEX. Cantu said the girls "had to die [so] they couldn't identify them." WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. Venancio received a 40-year prison sentence. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. 1992). Those poor poor girls. Strickland, 466 U.S. at 700. See id. 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. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). After being informed of and waiving his constitutional rights, Cantu provided two written statements. 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. See Tr. 21 at 299-300. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. Tr. . The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. TEX. Tr. 37.071(e)(2)(b) (Vernon 2002). Vol. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Happy Halloween! She then attempted to flee. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Jose Medellin discontinued his narrative to bathe. (quoting Graham, 506 U.S. at 476). 21 at 294, Vol. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. Vol. A horrifying According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." See TEX. Cantu raises two claims related to the jury's consideration of his mitigation defense. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. DOES SHE HAVE BLOND HAIR?!!?". They then each took a turn "jumping on her neck." The prosecution's argument then turned to what Cantu had done that merited a death sentence. Tr. Id. Cantu filed a motion to suppress his statements. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Strickland v. Washington, 466 U.S. 668, 686 (1984). Tr. Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. CODE CRIM. 37.071 2(f)(4). Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. They bragged to Cantu's brother and sister-in-law about their crime. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. When the rapes finally ended, the horror was not over. Marsh, 548 U.S. at 174. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. 2 at 30.) 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. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. What a horrible crime. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. 21 at 227. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Mar. Tr. See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. the Supreme Court [has] implicitly endorsed it" in Penry II. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." How sick My heart is broken. Payne, 501 U.S. at 825. 1997). Vol. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. 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. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. 1988). 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . 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." 28 at 785. Rule 22(b). 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. Vol. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. The victim's bodies were left to decompose in the summer heat. Campbell, 117 F. App'x at 953. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." They had spent the evening drinking beer and then "jumping in" Raul. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. PENAL CODE 19.02 (murder). Who provided the details? See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). See Smith v. Cockrell, 311 F.3d 661, 668 (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. Tex. After several gang members fought Villareal, the group started drinking. 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. Darden, 477 U.S. at 182. 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. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. to Ertman. Tr. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. Tr. This federal habeas action follows. 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. 24 at 860. See 28 U.S.C. 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. Donald R. Davis and Robert Morrow represented Cantu at trial. State Habeas Record at 260. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 1. "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." The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. Entry No. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. United States District Court, S.D. 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. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. After the murders, the gang members went to Cantu's house. 21 at 294, Vol. All were sentenced to die. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. 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. All materials posted herein are protected by copyright law and the The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. Disclaimer: Vol. Cantu has not shown that the admission of the challenged material was fundamentally unfair, particularly since the trial court clearly tried to filter out any unnecessarily disturbing material. Gang rapists/murderers are a special kind of sub species of vermin. (Doc. 28 at 693-95. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Tr. Accordingly, he cast his claims in the form of ineffective-assistance arguments. 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." 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (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. Several courts have already provided a detailed factual review. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers at 736. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Vol. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. O'Brien was videotaped smiling at the scene of the crime. (Doc. The medical examiner corroborated that the cause of death was strangulation. Vol. TEX. The 2008 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 . Cantu's second statement fully harmonized with trial testimony. Im listening to her (Laura Ingraham) right now. Clerk's Record at 15. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. 1996). Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. He didn't fuck with me because his cousin was my good friend. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Death penalty opponents protested the impending execution. Tr. Tr. 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. 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. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Tr. R.I.P to the both of them. . Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Governor Rick Perry argued that Texas is not bound to World Court rulings. 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. 37.071(e)(2)(b). 1999) ("Relief based on Simmons is foreclosed by Teague."). Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. O'Brien, 156 F. App'x at 734. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. The teenagers congregated near a railroad trestle to "fight in" Villareal. 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. Pea brushed aside Medelln's hand and continued walking. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. posters and do not necessarily represent the opinion of Free Republic or its Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 28 at 790. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. What could you wear, stripes, patterns, purple, pink, grey? Tr. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Tr. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). 21 at 320-21, Vol. [not to] kill this child." WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. 13 at 10.) 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. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. 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[.]" Vol. 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. 2254(d). Does it justify it? They were friends who attended the same high school in Houston, Texas, Waltrip High School. Vol. 20 at 90; Clerk's Record at 104. Vol. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. CODE CRIM. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. In Penry II, when striking down Texas' former sentencing scheme, the Supreme Court called the new statute "[a] clearly drafted catchall instruction on mitigating evidence" and a model of "brevity and clarity." It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. The First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). The day of rage is coming though. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. 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."). See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. 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. 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." 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. 1998). Medellin stopped Pena. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." When she tried to run, he threw her to the ground. Tex. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. art. He said yeah." 2000). Vol. 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. F-me, these stories get uglier and sadder every day. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. . While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 2 at 24.) According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. 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). Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. art. 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). State Habeas Record at 259. Id. Randy commandeered the news van and went to the scene that was now bustling with police activity. 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. Others joined in the narrative, "[l]ike they were proud of what they did. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". art. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Jose Medellin said that they "had a lot of fun and it should come out on the news." . Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Baby Jennifer was the Ertmans own personal little miracle. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. The murder of Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Tr. O'Brien, 156 F. App'x at 736. Maybe other people can email to other hosts as well. Entry No. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." Both victims were badly decaying, and dental records were used for identification. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law.

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