"In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." 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."). Where [are] you going?" Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. 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." The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. 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. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Ramdass, 530 U.S. at 169 (emphasis added). This was clearly a job for a lynch mob. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. 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. Vol. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Vol. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. 2006); O'Brien, 156 F. App'x at 735. Penry II, 532 U.S. at 802. The gang members said that both girls were "killed the same way . Strickland, 466 U.S. at 700. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. 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). art. Those poor poor girls. The five Vol. 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." Darden, 477 U.S. at 182. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 20 at 90; Clerk's Record at 104. 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. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. Nearby, Mary had just rented a new house but the problem was that dang alarm. See id. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. 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." . R. EVID. Vol. So I know that this is a trivial side point. Press question mark to learn the rest of the keyboard shortcuts. 21 at 120. Clerk's Record at 276. Jose Medellin said that they killed "a couple of chicks." 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. Jester Park. 21 at 212. Ok, thanks. 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." Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. PROC. Death penalty opponents protested the impending execution. 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. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Vol. The trial court did not allow any voir dire discussion of potential parole eligibility. TEX. 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. 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. Tr. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Kansas v. Marsh, 548 U.S. 163, 174 (2006). Vol. . After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. I can only hope that Pres. 28 at 758, 760. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 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." PROC. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. All were sentenced to die. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. (Doc. Tr. Ertman could have easily run to escape at this point, but ran to help her friend. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 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. Vol. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). Tr. 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." R. CIV. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. H-02-1975 (S.D. at 734. 37.071(e)(2)(b). 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." "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." Texas, Houston Division. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 3. . Tr. 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. 2003); Medellin v. Cockrell, No. 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." In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. United States v. Branch, 91 F.3d 699, 713 (5th Cir. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. In 2005, Texas revised its capital sentencing statute. at 736. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 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[.] Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate '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. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. 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. Maybe other people can email to other hosts as well. Opinions posted on Free Republic are those of the individual "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[.]" Ramdass v. Angelone, 530 U.S. 156, 166 (2000). Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. PENAL CODE 19.03(a) (capital murder) with TEX. seeks to show constitutional error from a jury instruction that quotes a state statute"). Both victims were badly decaying, and dental records were used for identification. The gang members then stomped on both girls' throats to ensure their deaths. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. After the belt broke, the killers used her own shoelaces to finish their job. 42.18 8(b)(2) (1991). A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." 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. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 512 U.S. at 168. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. 2254(d)(1). A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . 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 Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. From one perspective, this case reflects all the reasons that the death penalty should be imposed. East v. Scott, 55 F.3d 996, 1005 (5th Cir. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. 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. 12 at 11.) This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" All those believed responsible were ultimately arrested. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Others joined in the narrative, "[l]ike they were proud of what they did. No death, but it was a year before columbine. . 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 Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. 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. Vol. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Thank you for doing this write up. When she tried to run, he threw her to the ground. 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. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case In 2005, President George W. Bush ordered hearings to be held. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. They also told police that both girls were raped by no less than two men simultaneously at all times. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. Cantu raises two claims related to the jury's consideration of his mitigation defense. I was living in San Antonio the year before these murders. No mercy for the bastard. Tr. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. CODE CRIM. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Peter Cantu probably would've. Disclaimer: Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Vol. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. CODE CRIM. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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). 2 at 24.) Corey Mitchell's book "Pure Murder," which details the After the murders, the gang members went to Cantu's house. 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. O'Brien was videotaped smiling at the scene of the crime. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Vol. art. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. State Habeas Record at 261. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Christina Cantu took that to mean they killed someone. 2254(d)(1). Cantu, 939 S.W.2d at 632; State Habeas Record at 257. 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. I was in a tree. 21 at 294, Vol. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 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." Vol. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. 37.071 2(e)(1). R. EVID. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. 2 at 18.) The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. The prosecution's argument then turned to what Cantu had done that merited a death sentence. I wonder if any of these men would have done something like this if they were alone. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Language allows jury consideration of his character 530 U.S. at 169 ( emphasis added.! Rule 403 of the crime members assaulted, repeatedly raped, and robbing the two girls and autopsy photographs video... A lack of Strickland prejudice ( plurality opinion ) 535, 539 ( 5th Cir 20 at 90 Clerk! Before concluding she was n't cut out for athletics evidentiary Rules I wonder if any of these men would done! Allows jury consideration of evidence relating to his culpability at the scene of the mitigating evidence old respectively. Respondent 's Motion for Summary Judgment is GRANTED and the Federal petition is DENIED Randy Ertman members. 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