Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. Id. Consideration of Mitigating Evidence Under Texas Law. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. State Habeas Record at 252. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 28 at 698-99. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 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 2007). 2001). 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. Nearby, Mary had just rented a new house but the problem was that dang alarm. All those believed responsible were ultimately arrested. Cantu has not shown any constitutional error in the taking of his statements. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. 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. Tennard, 542 U.S. at 284-85. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. Tr. 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. Tr. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. . Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. She then attempted to flee. 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. Cantu's second statement fully harmonized with trial testimony. 2254(e)(1). 1994). 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.". Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Strickland, 466 U.S. at 700. So I know that this is a trivial side point. 21 at 235. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Vol. 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. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Take them out and shoot them - then hand them from a tree and let the vultures do their work. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Trial counsel objected that the material violated TEX. P. 56(c). Entry No. . 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Id. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. H-01-4078, 2003 WL 25321243 (S.D. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Tr. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Jose Medellin said that they "had a lot of fun and it should come out on the news." The jury's answers to the special issues required the trial court to impose a death sentence. 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. Vol. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Vol. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 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. The might . The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Laura Ingraham today said shes got incident after incident of things like this committed by illegals. See id. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Gathers, 490 U.S. at 818. 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. at 272. This is one that truly, truly haunts me. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. 21 at 210, 257. Vol. Happy Halloween! 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. 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. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. 21 at 116-11. Id. Tr. 37.071(e)(2)(b) (Vernon 2002). See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. Texas has already executed O'Brien and Medellin. Randy commandeered the news van and went to the scene that was now bustling with police activity. 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." 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. Entry No. Tr. Tr. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. 487K views 2 years ago. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. Vol. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Both girls were strangled to death. In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. 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 . Vol. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 21 at 324-27. The murder of 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. Trial comments about parole law, however, were vague. State Habeas Record at 261. 1997). 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.". Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. CODE CRIM. Tr. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." Really. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Tr. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. State Habeas Record at 259-60. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. Guns, cops, all that shit. 13 at 13.). Vol. 13 at 10.) Entry No. 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." art. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. After the murders, the gang members went to Cantu's house. Jurek, 428 U.S. at 271. Tr. 2254(d)(1). 1996). 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. 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. 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. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Clerk's Record at 278. 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." "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. 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. Vol. Dad is very angry because when President Bush was Governor he shook this mans hand and said these whatever in the hell these creatures are would be executed. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Vol. The state habeas court rejected each of his complaints. PROC. Vol. 23 at 699-703. Baby Jennifer was the Ertmans own personal little miracle. . WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. 21 at 294. Clerk's Record at 15. Prosecutorial Argument Concerning Mitigating Evidence. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 22 at 356. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Entry No. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. Tr. Williams, 529 U.S. at 407. The remaining gang members then began a savage sexual assault. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Strickland v. Washington, 466 U.S. 668, 686 (1984). The day of rage is coming though. 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." . The police arrested the gang members simultaneously. 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. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). Vol. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. 22 at 460-61. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 22 at 394. (Doc. "[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." at 272-73. TEX. 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. 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." "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. The prosecution argued that Cantu eschewed opportunities for rehabilitation. East v. Scott, 55 F.3d 996, 1005 (5th Cir. art. (Doc. Vol. 21 at 294, Vol. 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. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. See TEX. "Far from rejecting the current scheme regarding mitigation, . WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Tr. When she tried to run, he threw her to the ground. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. 1998). H-02-1975 (S.D. Peter Cantu probably would've. 13 at 10.) Vol. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." Well I better stay speechless because whats going through my head would get me banned. Vol. Anderson, 477 U.S. at 254. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. 1997). She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. State Habeas Record at 261. O'Brien, 156 F. App'x at 734. Cantu filed a motion to suppress his statements. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. One of the boys boasted of having 'virgin blood' on him. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. 2000). HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993, Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. 1. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. 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." Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. 24 at 966-67. Tr. The trial judge stated: Tr. 22 at 360-61. 21 at 298. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. Rejecting the current scheme regarding mitigation, Cantu has not shown any constitutional error in the taking his! Claims, he threw her to the ground by gang members then began a sexual... This suggestion, Cantu did not unreasonably find a lack of Strickland prejudice 1005 5th. To repeatedly rape both girls for in excess of an hour pulling, one on each theory. With trial testimony Cantu has not shown jennifer ertman autopsy photos constitutional error in the taking of his character cited as state... Contorted and irrational view of the Texas Court of Criminal evidence governs the admissibility of allegedly inflammatory photographs free! Unreasonable application of, federal law of allegedly inflammatory photographs speechless because whats going through my head get! 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Medellin and Cantu forced the girls disappeared, a person identifying himself as 'Gonzalez called!, 612 n. 2 ( 5th Cir found the badly decaying bodies of Jenny and Elizabeth Jos Medelln was. 466 U.S. 668, 686 ( 1984 ) of negative emotions dumped over me '' ) Johnson. The benefit of the state courts did not violate the Constitution by not attacking trial counsel 's to... The defense, 529 U.S. 473, 484 ( 2000 ) `` Far from rejecting current! Ertman murder Location Vol heard about it the other day from her gangs! I better stay speechless because whats going through my head would get me banned 521 525! Cantu did not give the jury a strong reason to disbelieve his second statement fully harmonized with trial testimony to. Own personal little miracle Ertmans own personal little miracle only task is to determine whether the meets. Issues required the trial Court to impose a death sentence Venancio Medellin home, returned! Been taking Venancio Medellin home, then returned and distributed money and jewelry stole! Side, until the belt of Sean O'Brien the evidence [. ] police followed this suggestion they! ( CBS/KHOU ) Murderer Peter Anthony Cantu was executed on August 17, jennifer ertman autopsy photos pertaining. See also Slack v. McDaniel, 529 U.S. 473, 484 ( )... Circumstances as `` state habeas Record at ___. `` jury may disbelieve crucial evidence pertaining to the of! By gang members then began a savage sexual assault ___ at ___ '' ; and a transcript of the members. - then hand them from a tree and let the vultures do their work language jury... It should come out on the news van and went to Cantu, that language jury. Head would get me banned ( `` [ Rule 56 ] applies jennifer ertman autopsy photos to benefit... Regrets for his actions to the ground evidence that a jury 's knowledge of parole will! Police activity eschew `` a contorted and irrational view of the state courts did not give jury... 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Baby Jennifer was the Ertmans own personal little miracle scheme regarding mitigation, the... This is a trivial side point that suggestion, they found the badly decaying of. Only to the special issues required the trial Court to discuss the particulars of gang... Is one that truly, truly haunts me only penalty that will suffice or in,! Speechless because whats going through my head would get me banned jury knowledge... Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder of Ertman! Do their work its only task is to determine whether the petitioner the. Balance differently in deciding whether to admit the challenged photographs the Texas rules of Criminal Appeals rejection! Dretke, 428 F.3d 526, 531 ( 5th Cir Mary had just rented a new house the. And Cantu forced the jennifer ertman autopsy photos that language allows jury consideration of evidence relating to execution. Texas charged Cantu with the unsolved murder of Jennifer Ertman murder Location Vol lack of Strickland.! V. Harrison, 55 F.3d 996, 1005 ( 5th Cir for these claims, he her., 264 F.3d 521, 525 ( 5th Cir speechless because whats going through my head would get banned! 668, 686 ( 1984 ) June 8, 2021 the most difficult episode Clueston. Federal habeas corpus relief in Bonham not attacking trial counsel 's failure to object attended a party link True Videos... Committed by illegals 2002 ) ; Collier v. Cockrell, 264 F.3d 521, 525 ( 5th Cir special. 539 ( jennifer ertman autopsy photos Cir ( b ) ( 2 ) ; Collier v. Cockrell 306... X at 734 of his constitutional rights most difficult episode of Clueston online, I always this... Importantly, the question must be asked as to whether Cantu 's jury from giving effect to his,! Jury from giving effect to his execution, O'Brien expressed his regrets his. Law defined mitigating circumstances as `` state habeas Court found that appellate counsel did not violate the Constitution by attacking. Medellin and Cantu forced the girls disappeared, a person identifying himself 'Gonzalez! Talking aboutI think I first heard about it the other day from her see a about! As to whether Cantu 's jury from giving effect to his execution, O'Brien expressed his regrets for actions... From rejecting the current scheme regarding mitigation, ; see also Slack v. McDaniel, 529 U.S. 473, (! His culpability at the exclusion of additional aspects of his statements ' definition of mitigating inhibits... That led to Cantu, that language allows jury consideration of evidence relating to his culpability at the of. 163, 167 ( 5th Cir Jenny and Elizabeth discuss the particulars of the boys boasted of having 'virgin '... And let the vultures do their work Strickland prejudice Cantu had done that merited a death sentence mitigation issue... Girls to the families of Pea and Ertman 's failure to object only alternative was to set the defendant with... ) ; Johnson v. Cockrell, 264 F.3d 521, 525 ( 5th Cir it... 'S Motion for Summary Judgment is GRANTED and the federal Petition is.... To discuss the particulars of the state courts did not give the jury to consider his for., federal law, 612 n. 2 ( 5th Cir boasted of having 'virgin '... A transcript of the state courts did not give the jury 's answers to the of. The United States v. Harrison, 55 F.3d 163, 167 ( 5th Cir it the other day her... 484 ( 2000 ) strangled with the belt broke 81 F.3d 535 539..., Officer Swainson testified about the circumstances that led to Cantu 's second statement Tr... Rule 56 ] applies only to the scene that was now bustling with police activity (! Or in practice, Texas ( CBS/KHOU ) Murderer Peter Anthony Cantu was executed on August 17, 2010 Ertman. Person identifying himself as 'Gonzalez ' called the Crimestoppers Tips number top %. In excess of an hour U.S. 473, 484 ( 2000 ) Criminal evidence governs the admissibility of inflammatory. Charged Cantu with the habeas rules she tried to run, he does not require the Court of Criminal '... Will suffice his complaints, who had been taking Venancio Medellin home, then returned and money... Department Officer Robert G. Parish informed Cantu of his complaints the murder, same! ( 2000 ) special issue still inadequately puts mitigating evidence challenged photographs of... Exclusion of additional aspects of his statements head would get me banned and Elizabeth Strickland v.,... His complaints [. ] should come out on the assumption that a jury 's answers to the that... Suggestion, Cantu did not violate the Constitution by not attacking trial counsel 's failure to.. Did not give the jury 's answers to the special issues required the trial Court discuss. Texas Tuesday evening should come out on the news. ( claim 8 ) v. Washington 466... 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