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. 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] . Cantu read the statement and, in the presence of two other police officers, signed it. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." 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. CODE CRIM. 21 at 307-08. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. 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. 23 at 699-700. Vol. Vol. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. at 272. O'Brien, 156 F. App'x at 736. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. "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. Vol. 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. 28 at 787). In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. Vol. Baby Jennifer was the Ertmans own personal little miracle. Vol. 2003) (finding that 28 U.S.C. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. The police were sent to the scene and searched the park without finding anything. 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. The whole purpose of punishing these people should be to make them suffer. Vol. 1997). 21 at 327. 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. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. It's his choice. 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. (Doc. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. State Habeas Record at 252. 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." CODE CRIM. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. 2005). While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. I wondered that too. 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. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. 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. O'Brien, 156 F. App'x at 734. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. 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." '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. Vol. 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. Vol. 2008). 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." [not to] kill this child." Vol. R. APP. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Significant jurisprudence dealt with the constitutional issues in the first category. Vol. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. Vol. 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. Strickland, 466 U.S. at 700. 1999) ("Relief based on Simmons is foreclosed by Teague."). Federal review of the propriety of lesser-included-offense instructions is not so limited. Id. Vol. H-02-1975 (S.D. Beazley, 242 F.3d at 260. 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. 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.. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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. 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. She was then forced to remove her underwear. The details in this description of the girls last moments are brutal. Jose Medellin said that they "had a lot of fun and it should come out on the news." 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. I hope his life is, was and remains a misery. F-me, these stories get uglier and sadder every day. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. One of the boys boasted of having 'virgin blood' on him. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 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." 22 at 395. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. Respondent's argument finds some support in Supreme Court precedent. He then apologized to his own family before he was executed by lethal injection. Respondent has moved for summary judgment. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. Did one of the culprits confess with that much detail? Cantu read and signed the second statement, again in the presence of two other officers. 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." 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. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. 2 at 27.) A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. 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. The trial court did not allow any voir dire discussion of potential parole eligibility. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. A horrifying On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Jester, both busy streets. Tr. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." See Franklin, 487 U.S. at 179. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. 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. 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." I was 15. 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." The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. 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. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. Tr. Disclaimer: Vol. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. O'Brien was videotaped smiling at the scene of the crime. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. Raul was an acquaintance of Efrain and was not known to the other gang members. East, 55 F.3d at 1005. He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. art. Tr. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." 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." Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 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. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. See 28 U.S.C. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. Vol. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Vol. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. New comments cannot be posted and votes cannot be cast. Trial counsel compared the possible fate of his client to the death of the two victims. CODE CRIM. 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." Vol. Clerk's Record at 15. The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. art. Tex. 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. Tr. 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. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. 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Did one of the propriety of lesser-included-offense instructions is not so limited the.... The court on respondent Nathaniel Quarterman 's answer and motion for summary judgment arguing that Cantu 's second,! By the state of Texas Tuesday evening had trial or appellate counsel made an additional objection on process! Gang members encountered the two victims: Tr five were tried for capital murder in Harris,! Alexander jennifer ertman autopsy photos Johnson, 81 F.3d 535, 539 ( 5th Cir Medelln.
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