Tr. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. . 22 at 460-61. 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." First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. A horrifying Entry No. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. 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. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. State Habeas Record at 260 (quoting Tr. 24 at 929-24; SX 5 and 6. 28 U.S.C. 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 Her case is full of police misconduct and possible suspects. Vol. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. 21 at 320-21, Vol. The trial court held a suppression hearing. 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. After the belt broke, the killers used her own shoelaces to finish their job. Strickland v. Washington, 466 U.S. 668, 686 (1984). However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." H-02-1975 (S.D. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. O'Brien was videotaped smiling at the scene of the crime. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Vol. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. New comments cannot be posted and votes cannot be cast. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. . 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. After Ws wimping out on this issue, I have lost all respect for the man as a leader. He said he was told repeatedly by Peter Cantu to "get some". 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. Vol. 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 importance of mitigating evidence in capital trials cannot be gainsaid. 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. 1999)). I wonder if any of these men would have done something like this if they were alone. Tr. Tr. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. (Doc. 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. Clerk's Record at 15. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. In July, the World Court ordered a stay of Medelln's execution. He is not an eighteen year old child that didn't know what he was doing." Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. Xin cm n qu v quan tm n cng ty chng ti. 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 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.. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. 2001) (citing Simmons, 512 U.S. at 168 n. 8). 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. . Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. "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. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Vol. 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." Money can't stop gangs. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. . H-01-4078, 2003 WL 25321243 (S.D. 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. Respondent's argument finds some support in Supreme Court precedent. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. The trial court did not allow any voir dire discussion of potential parole eligibility. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. 2008) (quoting Rogers, 848 F.2d at 608). Jester, both busy streets. Clerk's Record at 268-69. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 28 at 693-95. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. 1996). Tr. The five Christina Cantu took that to mean they killed someone. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Ramdass, 530 U.S. at 169 (emphasis added). PROC. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. PROC. See 28 U.S.C. 1) You are a coward with regard to Mexico. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 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. This was clearly a job for a lynch mob. 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. 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. 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." 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). 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. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). She was then forced to remove her underwear. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Officer Swainson decided to interview Cantu again. 2254(d)(1). the Supreme Court [has] implicitly endorsed it" in Penry II. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. Vol. State Habeas Record at 261. (quoting Graham, 506 U.S. at 476). Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. 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. Tr. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. 13 at 10.) 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. The police were sent to the scene and searched the park without finding anything. 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." 20 at 90; Clerk's Record at 104. Id. at 736. Tr. PROC. R. EVID. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Id. 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. R.I.P to the both of them. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. 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." This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." 2254(e)(1). Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Jester Park at White Oak bayou. . This federal habeas action follows. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. The State concluded its case by publishing the second statement to the jury. 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. Clerk's Record at 100-02. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." Until then, Cantu had spent only a short time in jail. 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. 2003); Medellin v. Cockrell, No. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" 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. Bush is getting really BAD advice from an staffer and will come to his senses soon. at 328 (quoting Woodson, 428 U.S. at 305). Vol. 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." 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." 8 years. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. 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. 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. 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. 37.071 2(f)(4). 1245 Heights Blvd., Houston Texas. The police arrested the gang members simultaneously. 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." 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." I can only hope that Pres. Vol. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. This is one that truly, truly haunts me. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". State Habeas Record at 203. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. Jose Medellin discontinued his narrative to bathe. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. They were friends who attended the same high school in Houston, Texas, Waltrip High School. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 13 at 10.) "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). In the second version, he implicated himself in the rape and murder. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Really. art. The Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. 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." Cantu's second statement fully harmonized with trial testimony. The break in solving the case came from, of course, the 911 call. Id. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. The gang members said that both girls were "killed the same way . Two VERY important things in the criminal justice system have changed as a result of these murders. Those poor poor girls. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". 2254(d)(1). All those believed responsible were ultimately arrested. In 2005, Texas revised its capital sentencing statute. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. I was in a tree. United States District Court, S.D. Xin hn hnh knh cho qu v. C.E. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. 28 at 698-99. The gang members all said that they "had to kill" the girls. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Wow, I am speechless! 21 at 212. They bragged to Cantu's brother and sister-in-law about their crime. . See 28 U.S.C. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Both victims were badly decaying, and dental records were used for identification. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. 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. At the time of these crimes, Cantu was 28 days past his 18th birthday. They were laughing and bragging about it." Tr. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." 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. Vol. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). PROC. 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. 21 at 298. at 272. 1997). During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. See 28 U.S.C. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. WebAug. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. '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. Police said the Waltrip High Structural Error in Texas' Mitigation Special Issue. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. No mercy for the bastard. 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. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. at 171. The families of both Ertman and Pea strongly favored the execution(s). The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. 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. Vol. 37.071(e)(2)(b). It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. 24 at 854. 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. Prosecutorial Argument Concerning Mitigating Evidence. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 22 at 410, 418-19, 440. Jurek, 428 U.S. at 271. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. 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. 21 at 324-27. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. 28 at 664. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. See TEX. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. If you're willing to put it in writing. Jose Medellin said that they "had a lot of fun and it should come out on the news." Vol. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. 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 The state court overruled the defense objection to most of the material. The state courts would not be unreasonable in finding that the result would not have been any different if his counsel had performed in the manner Cantu outlines on federal review. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. 37.071 2(f)(4). 24 at 932-33; Tr. 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. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. 2001). Vol. (Doc. . 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. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Tr. 22 at 455. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Vol. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. 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. they jumped on their neck." WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. at 369. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Tr. I imagine these sick fucks were all quite proud to share the details. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." 2254(d)(1). Testimony showed that Raul lasted through three of the members before briefly losing consciousness. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. Vol. Vol. 2254(d)(1). Payne, 501 U.S. at 825. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. Cantu read and signed the second statement, again in the presence of two other officers. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. Tr. exemption for fair use of copyrighted works. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). The AEDPA gives statutory effect to traditional limits on habeas review. Cantu does not challenge the prosecutor's statements as a separate due process challenge. 13 at 13.). 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . 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. He then elaborated that he had raped both girls. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. Dowthitt, 230 F.3d at 757 (quotation omitted). 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. 21 at 294, Vol. 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." Vol. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain The remaining gang members then began a savage sexual assault. Vol. When she tried to run, he threw her to the ground. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. 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. 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. CODE CRIM. The trial court refused to provide the jury with the requested instructions. 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. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. at 272-73. Im not sure who else has brought attention to it. Press question mark to learn the rest of the keyboard shortcuts. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case He hurt my friends and I didn't know and I cry a lot about not knowing. On the basis of those and other statements, O'Brien claimed on federal habeas review that the prosecutorial actions imposed the defunct constitutional relevancy test on the jury. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. Turns out the friend I was with was a serial rapist. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. 21 at 294. Vol. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. Thank you for doing this write up. State Habeas Record at 261. Id. Vol. 1998). R. EVID. CODE CRIM. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Texas, Houston Division. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. I was 15. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. They had spent the evening drinking beer and then "jumping in" Raul. Vol. No clearly established Supreme Court precedent calls the Texas statute into question. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). She then attempted to flee. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. The Clerk will provide a copy to the parties. Derrick O'Brien was the first to be executed, on July 11, 2006. 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. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." What could you wear, stripes, patterns, purple, pink, grey? WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Vol. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. See TEX. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. See id. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. This case is ripe for adjudication. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. 2 at 18.) He was silent about their deaths. The images were so at 569 (quotation omitted). there are times we have all thought and had dreams of what we would do with a big lottery win. 487K views 2 years ago. Tr. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. I was in Menlo park in during a huge gang fight. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Tr. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. Tr. The medical examiner corroborated that the cause of death was strangulation. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). Vol. FED. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. 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. Id. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 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. 2254(d). Several courts have already provided a detailed factual review. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . This is no job for the criminal justice system. Governor Rick Perry argued that Texas is not bound to World Court rulings. 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). Disclaimer: The question is whether Texas' definition of mitigating evidence inhibits mitigation review. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Cantu was arrested and charged with capital murder in 1993. WebThe 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 Williams, 529 U.S. at 407. 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. Entry No. Cantu filed a pre-trial motion to suppress his confessions. CODE CRIM. Marsh, 548 U.S. at 174. I wish to hell he could have died the way she died.". Clerk's Record at 276. Cantu himself escorted Ms. Ertman into the woods. 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. 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 asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Tr. 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. "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." Tr. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Strickland only commands relief when an inmate shows a reasonable probability of a different result. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. 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. Vol. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." State Habeas Record at 260. 37.07, 4(a) (West 1993). The gang members described how they murdered the girls. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 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." 21 at 311. 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[.]" Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. I was living in San Antonio the year before these murders. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Cantu did not testify or call any witnesses. Strickland, 466 U.S. at 700. Clerk's Record at 278. 22 at 452-53. Tr. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. After being informed of and waiving his constitutional rights, Cantu provided two written statements. 22 at 579, 596-98, 603-06. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. art. . Tr. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." It was traced to the home of the brother of one of the men later sentenced to death for these murders. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. art. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. (Doc. 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[.]" 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 A reviewing court must eschew "a contorted and irrational view of the evidence[.]" In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Cantu was again informed of and waived his rights. Vol. 21 at 328. P. 56(c). Peter Cantu probably would've. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. Where [are] you going?" 2004). 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 2254(d)(1). Ertman could have easily run to escape at this point, but ran to help her friend. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. 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." On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Entry No. 1998). The police, previously unable to find the young girls, used that information to find their bodies. Having a teenage daughter myself reading this was so painful. Cantu also unsuccessfully requested a jury instruction on parole. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. O'Brien, 156 F. App'x at 736. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Vol. 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. Baby Jennifer was the Ertmans own personal little miracle. CODE CRIM. Vol. 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. 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. Id. This location was approximately one mile from Pea's home. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. 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." Venancio received a 40-year prison sentence. 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. All were sentenced to die. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." 22 at 572-79. 1988). State Habeas Record at 260. Id. The details in this description of the girls last moments are brutal. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Well I better stay speechless because whats going through my head would get me banned. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." 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. One of the boys boasted of having 'virgin blood' on him. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. 21 at 294, Vol. See 28 U.S.C. Vol. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 2 at 12.) Put a needle in her arm and just go to sleep. 2254(d) "does not require federal habeas courts to grant relief reflexively"). It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Vol. Tr. East v. Scott, 55 F.3d 996, 1005 (5th Cir. Trial counsel objected that the material violated TEX. Entry No. The admissibility of evidence is generally a matter of state evidentiary law. Simmons, 543 U.S. at 573. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. The prosecution explained why they sought to admit the photographs into evidence: Tr. Tennard, 542 U.S. at 284-85. 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. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. East, 55 F.3d at 1005. One of them bragged about having virgin blood on his underwear. Like 4 of us climbed a tree. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. 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. (Doc. Guns, cops, all that shit. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. You are right about Bush, however I believe further that we have been duped by the GOP. Medellin stopped Pena. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" 21 at 210, 257. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. See Darden v. Wainwright, 477 U.S. 168, 180 (1986); Caldwell v. Mississippi, 472 U.S. 320, 337-38 (1985); Rogers v. Lynaugh, 848 F.2d 606, 608 (5th Cir. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Entry No. PRO. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. 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." That guy was a fucking monster. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). There, the gang members strangled the girls with their hands, shoelaces, and a belt. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Tr. 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." Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. 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." homey the clown chicago, melissa camp obituary, permeated by a sense of longing, wedding venues iron range mn, st john ambulance salary bands, pioneer dental newton, duck life 5 hooda math, guilford connecticut upcoming events, peter "pete the greek" kourakos, brian turner chef family, alison brittain email address, karmic link past life lovers the pattern, projection alarm clock model hm353c manual, kolla surname caste in andhra pradesh, marketing strategy of aristocrat restaurant, Mean they killed someone Horn, 536 U.S. at 305 ) Cantu also unsuccessfully requested jury! Court conducted a balancing test before allowing the allegedly inflammatory material into evidence:.! Between what you 've heard and what you 've heard and what saw! 'Re willing to put it in writing former prohibition on parole-eligibility information rendered his ineffectual... Result of these crimes, Peter Anthony Cantu was 28 days past his 18th birthday the own... The lenient punishments that were previously imposed these crimes, Peter Anthony Cantu was 28 days past 18th... Anthony Cantu was 28 days past his 18th birthday there and correlation what! Took that to mean they killed someone, Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Cemetery. `` evidence that would permit the jury could rationally acquit on the capital murder in Harris,! Death with shoelaces defendant 's moral blameworthiness. has ] implicitly endorsed ''. Persuasive trial testimony confirmed Cantu 's claims do not merit federal habeas corpus relief of. 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'S denial of habeas relief centers on whether `` the admission was serial! Were tried for capital murder subsumes the lesser crimes of murder, the World rulings... 731, 733 ( 5th Cir, 466 U.S. 668, 686 ( )... There and correlation between what you 've heard and what you 've heard and what you saw happen on 24..., limits, or demarcation on parole basketball before concluding she was n't cut out athletics... Issue, I always get this wave of negative emotions dumped over me Elizabeth Pena and Ertman... 2253 ( c ) ( quotation omitted ) Clerk 's Record at 104 assault, and/or kidnapping Circuit refused grant. Remanded to the parties was actually carried out on the night of the brother of one of the shortcuts... He said he was told repeatedly by Peter Cantu to the families of Pea and Ertman was error Texas... Court would have struck the balance differently in deciding whether to admit photographs. Daughter myself reading this was so painful, Jennifer Ertman and Elizabeth Pea & Jennifer and. 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Of Medelln 's execution their state-law objections convicted Cantu for the Criminal justice system not sure who else brought. Encountered the two girls precedent calls the Texas Rules of Criminal Appeals in 1998 regarding this issue, I lost. Cantu had procedurally defaulted any due process grounds not sure who else has brought attention it. Members confessed that they `` had a bloody shirt Texas ( CBS/KHOU ) Murderer Peter Cantu. ( plurality opinion ) girls were `` just following whatever Peter Cantu as absolutely unremorseful about prominent. Have been duped by the Supreme Court his wife Sandy by his side statement fully harmonized trial. Gun '' Pea and Ertman well said, I ca n't bear bleeding... The punishment phase evidence showed Cantu to the greater offense August 15 1978!