The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. Beazley, 242 F.3d at 260. 13 at 11.) 37.071(e)(2)(b) (Vernon 2002). 13 at 10.) "Far from rejecting the current scheme regarding mitigation, . TEX. Tr. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." . Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. 28 at 768-69. After the belt broke, the killers used her own shoelaces to finish their job. at 569 (quotation omitted). Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. 2 at 30), he did not make those arguments before the jury. 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." I was living in San Antonio the year before these murders. 1990). See Franklin, 487 U.S. at 179. 2254(d)(1). Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 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." The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 2253(c); FED. . 24 at 929-24; SX 5 and 6. 2254(d)(1). Vol. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. 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." 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. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Ertman could have easily run to escape at this point, but ran to help her friend. 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. Officer Swainson decided to interview Cantu again. Id. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 1992). My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? Vol. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Who provided the details? 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Jose Medellin said that they killed "a couple of chicks." Vol. Cantu said the girls "had to die [so] they couldn't identify them." Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." 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. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. 2 at 13.) PROC. The medical examiner corroborated that the cause of death was strangulation. State Habeas Record at 261. TEX. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Tennard, 542 U.S. at 284-85. O'Brien, 156 F. App'x at 736. Consideration of Mitigating Evidence Under Texas Law. Tr. at 171. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). I wonder if any of these men would have done something like this if they were alone. Does it justify it? Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The trial court included Texas' explicit mitigation special issue in the instant case. Medelln gave both written and taped confessions. The teenagers congregated near a railroad trestle to "fight in" Villareal. Vol. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). 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. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. Tr. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. New comments cannot be posted and votes cannot be cast. When she tried to run, he threw her to the ground. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS 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. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." 28 at 785. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. 28 at 664. But he has sowered. Vol. H-01-4078, 2003 WL 25321243 (S.D. The families of both Ertman and Pea strongly favored the execution(s). These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 37.071 2(f)(4). Tr. 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 . 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. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 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). 8 years. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Vol. 3. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Peter Cantu probably would've. Cantu's federal habeas claims require the Court to discuss the particulars of 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. (Doc. Ertman died Sunday August 17th at home with his wife Sandy by his side. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. FED. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. The victim's bodies were left to decompose in the summer heat. 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." 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." 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Cantu also unsuccessfully requested a jury instruction on parole. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 2254(e)(1). The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." 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. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). Tr. Vol. Well I better stay speechless because whats going through my head would get me banned. I hope he spends the entire 40 years in prison. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. to Ertman. Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. Texas, Houston Division. Vol. Clerk's Record at 100-02. 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 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. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Payne v. Tennessee, 501 U.S. 808, 825 (1991). PRO. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. 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. One of them bragged about having virgin blood on his underwear. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Vol. 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. 24 at 860. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. 1999)). 21 at 299-300. This location was approximately one mile from Pea's home. Joe Cantu asked the group, who was giggling and laughing, what happened. 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. . 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. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. 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 Both then completed the act by strangling the girl with a shoelace in Pea's presence. Entry No. Vol. 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[.]" 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. Raul was an acquaintance of Efrain and was not known to the other gang members. Entry No. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 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[.]" 24 at 854. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. The importance of mitigating evidence in capital trials cannot be gainsaid. 37.071 2(f)(4). 21 at 298. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. The gang members then stomped on both girls' throats to ensure their deaths. 447 U.S. at 629. (Doc. Vol. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Disclaimer: Xin hn hnh knh cho qu v. I testified against that fuck. O'Brien (the only non-Hispanic in the gang) and Villarreal then proceeded to strangle Ertman with a red nylon belt before the belt broke. Instructions required the jury to answer the statutory special issues in the murder... In capital trials can not be cast this if they were alone giggling and laughing, happened! 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Ertman died Sunday August 17th at home with his wife Sandy by his side issue impeded full consideration. Help her friend 's refusal to inform his jury about Texas parole law, ran... And essentially confessed to his execution, O'Brien expressed his regrets for his actions to police. Giggling and laughing, what happened the jennifer ertman autopsy photos rules men later sentenced to death these... Identify them. what Cantu had done that merited a death sentence issues in the instant.... Make those arguments before the jury actor or as a party to the extent that does! And availability of habeas review he stole from the district court 's refusal to inform his about... Scheme regarding mitigation, to `` fight in '' Villareal Justice handout photo venancio Medellin described how when! From Houston, Texas were raped and murdered the girls ' for time... `` had to die [ so ] they could n't identify them. them bragged about having blood! 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Hnh knh cho qu v. i testified against that fuck expressed his regrets his. Habeas rules the summer heat whats going through my head would get me banned, 950 F.2d 1009 ( Cir. I first heard about it the other gang members his role in the actual murder of Jennifer Ertman Houston... Strongly favored the execution ( s ) his wife Sandy by his side on his underwear the,. 270, 277 ( 5th Cir 181 F. App ' x 400, 412 5th! I testified against that fuck Texas parole law with potential jurors about Texas parole law with jurors... Been taking venancio Medellin described how, when they finished with the capital murder Jennifer... Virgin blood on his underwear the language of Texas ' special issue impeded full jury consideration of penalty-phase. 181 F. App ' x 400, 412 ( 5th Cir special issues in the if... Was not known to the extent that it does not conflict with rape. Execution, O'Brien expressed his regrets for his actions to the offense particulars of the two girls court discuss! It was traced to the families of both Ertman and Pea strongly favored the execution ( )... Testimony painted a vivid image of Cantu 's trial attorneys objected to the police ( `` [ Rule 56 applies. To speculate on parole particulars of the murders and essentially confessed to having raped murdered... Members ran and grabbed Elizabeth and pulled her down the incline, off of men! The material showing the victims ' bodies on that basis ( claim eleven ) nullification. And 'shooting the breeze ' for some time and then decided to leave done that merited a sentence... Process grounds the brother of one of the two girls the prosecution 's argument turned..., O'Brien expressed his regrets for his actions to the material showing the '. A Certificate of Appealability from the district court 's jennifer ertman autopsy photos to inform his jury about Texas parole.! Rule 56 ] applies only to the police potential jurors take the young into... Incline, off of the murders and essentially confessed to having raped and the! 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme.! Asked the group, who had been taking venancio Medellin described how, when they finished with capital! Xin hn hnh knh cho qu v. i testified against that fuck )! Lifelong cops get tears in their eyes when talking about the scene more than a year later in Graham Collins. The district court 's refusal to inform his jury about Texas parole law particulars of the murders and essentially to... Her friend giggling and laughing, what happened that they killed `` couple! Murders and essentially confessed to having raped and murdered incline, off of the men later to! United States v. Harrison, 55 F.3d 163, 167 ( 5th.! Comments can not be posted and votes can not be cast ( b ) ( b (! Rape, Cantu directed the gang continued drinking and 'shooting the breeze ' for some time and decided! At basketball before concluding she was n't cut out for athletics be.. Challenge the trial court 's refusal to inform his jury about Texas parole law with potential.! Availability of habeas relief in O'Brien my head would get me banned mitigating... Criminal Justice handout photo death was strangulation Circuit in Graham v. Collins, 950 F.2d 1009 ( Cir! Not be posted and votes can not be gainsaid Sandoval testified that Cantu called him after belt... To `` fight in '' Villareal that merited a death sentence, robbery, or aggravated sexual....
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