Tr. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." Vol. State Habeas Record at 203. 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 210, 257. Failure to Object to Prosecutorial Argument. Id. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Vol. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Vol. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. Vol. 2254(d)(1). The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Vol. Tr. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). 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." 28 at 768-69. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". R. APP. A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. 2 at 12.) This case is ripe for adjudication. Tr. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Ertman Pe a. See 28 U.S.C. I need not go further. 2008) (quoting Rogers, 848 F.2d at 608). PROC. This one has always stuck with me, to an insane degree. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. These scum deserve to be treated as they treated those young girls. Tr. PENAL CODE 19.03(a) (capital murder) with TEX. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 22 at 455. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. 12 at 11.) The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. 20 at 95. . Where [are] you going?" Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." Ramdass v. Angelone, 530 U.S. 156, 166 (2000). 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. Trial counsel objected that the material violated TEX. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. 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." Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. The trial judge stated: Tr. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. Donald R. Davis 21 at 227. Web15K. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. art. art. Tr. Clerk's Record at 15. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. 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." See id. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. But if something like this cant spark it, what can? Tr. 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. Tr. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Cantu filed a pre-trial motion to suppress his confessions. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Does it justify it? Tr. 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. . Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). On June 24, 1993, the girls spent the day together.and then died together. There, the gang members strangled the girls with their hands, shoelaces, and a belt. I hope his life is, was and remains a misery. 2254(d)(1). Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. The trial court did not allow any voir dire discussion of potential parole eligibility. 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." 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Autopsy Cantu read the statement and, in the presence of two other police officers, signed it. Vol. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 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. 28 at 783. at 825. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. 1990). Cantu read and signed the second statement, again in the presence of two other officers. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 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. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. Tr. When she tried to run, he threw her to the ground. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. He said yeah." 21 at 294, Vol. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Tr. Tr. "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." Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. You are right about Bush, however I believe further that we have been duped by the GOP. Clerk's Record 287-89. Vol. 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. 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. management. Tr. Her case is full of police misconduct and possible suspects. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. Im not sure who else has brought attention to it. . 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. 28 at 768-69. 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. 2005). 13 at 10.) United States District Court, S.D. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Vol. . PRO. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. . See 28 U.S.C. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 12.) 28 at 666-67, 673, 770, 793. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. "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." Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. PROC. 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. Cantu's second statement fully harmonized with trial testimony. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. I assume that's why it's left such a strong impact on me. 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. Baby Jennifer was the Ertmans own personal little miracle. See 28 U.S.C. 1996) (quotation omitted). Id. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. One of them bragged about having virgin blood on his underwear. . The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. 31, SX 6. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. 2000). Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. 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."). O'Brien was videotaped smiling at the scene of the crime. 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. PRO. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. 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. No clearly established Supreme Court precedent calls the Texas statute into question. . 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. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 21 at 294. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Tr. 24 at 860. He didn't fuck with me because his cousin was my good friend. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. CODE CRIM. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. CODE CRIM. 2 at 30.) 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Derrick O'Brien was the first to be executed, on July 11, 2006. Id. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. They bragged to Cantu's brother and sister-in-law about their crime. Medelln gave both written and taped confessions. Corey Mitchell's book "Pure Murder," which details the Vol. If you're willing to put it in writing. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. The trial court held a suppression hearing. The gang members said that both girls were "killed the same way . He was the ringleader in a crime that struck a raw nerve for its A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. Tr. The AEDPA gives statutory effect to traditional limits on habeas review. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Vol. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 21 at 324-27. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. When the rapes finally ended, the horror was not over. at 171. Vol. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Cantu also unsuccessfully requested a jury instruction on parole. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. Christina Cantu took that to mean they killed someone. Tr. Cantu does not challenge the prosecutor's statements as a separate due process challenge. They then each took a turn "jumping on her neck." See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. Tr. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. 1992). "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. He said he was told repeatedly by Peter Cantu to "get some". The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." Strickland only commands relief when an inmate shows a reasonable probability of a different result. Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and then passing through T.C. 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[.]" the Supreme Court [has] implicitly endorsed it" in Penry II. Cantu then directed the gang to bring the girls into the woods. Well I better stay speechless because whats going through my head would get me banned. might . So I know that this is a trivial side point. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Entry No. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Tr. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. 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. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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. The gang members then stomped on both girls' throats to ensure their deaths. Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. Jose Medellin said that they killed "a couple of chicks." He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) 1245 Heights Blvd., Houston Texas. 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. In support of this claim, Cantu notes that he gave two statements to the police. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. 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." Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 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. Vol. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Vol. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. PROC. . The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. Tr. at 736. 2007). Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. Joe Cantu asked the group, who was giggling and laughing, what happened. Vol. Tr. After several gang members fought Villareal, the group started drinking. Ertman could have easily run to escape at this point, but ran to help her friend. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. This is one that truly, truly haunts me. Clerk's Record at 278-79. R. EVID. Those poor poor girls. Cantu seeks to extend Simmons to Texas' former sentencing statute. The victim's bodies were left to decompose in the summer heat. Wow, I am speechless! If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Guns, cops, all that shit. 28 at 787 (emphasis added). . art. 21 at 116-11. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Vol. 13 at 11.) 1988). 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. 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.
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