13 at 10.) The prosecution argued that Cantu eschewed opportunities for rehabilitation. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. That guy was a fucking monster. 13 at 11.) 2005). 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. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. 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. The AEDPA gives statutory effect to traditional limits on habeas review. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 23 at 699-700. 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 . 28 at 664. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Im not sure who else has brought attention to it. Campbell, 117 F. App'x at 953. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 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. Vol. Vol. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. . The Jurek Court found that the constitutionality of the Texas scheme "turns on whether the enumerated [special issue] questions allow consideration of particularized mitigating factors." I need not go further. 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. 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." Vol. Jester, both busy streets. R. APP. 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." Consideration of Mitigating Evidence Under Texas Law. Laura Ingraham today said shes got incident after incident of things like this committed by illegals. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 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. Cantu, 939 S.W.2d at 647. 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." 37.071 2(f)(4). H-01-4078, 2003 WL 25321243 (S.D. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. 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." art. 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. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. 22 at 356. at 272. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. 28 at 787 (emphasis added). at 369. Entry No. 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. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." I might try to email it to Dennis Prager. Autopsy Vol. 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. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. 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. 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. Vol. See TEX. East v. Scott, 55 F.3d 996, 1005 (5th Cir. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Vol. 28 at 786-87. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. 1996). 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." State Habeas Record at 203. seeks to show constitutional error from a jury instruction that quotes a state statute"). The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Tr. Tr. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Vol. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. Pea brushed aside Medelln's hand and continued walking. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. The trial court refused to provide the jury with the requested instructions. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). . When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. at 272-73. 487K views 2 years ago. 2254(d)(1). Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Tr. 28 at 758, 760. Entry No. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. 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. Id. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Vol. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. Structural Error in Texas' Mitigation Special Issue. State Habeas Record at 260 (quoting Tr. 2003); Medellin v. Cockrell, No. 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. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. The state court overruled the defense objection to most of the material. 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 Cantu read and signed the second statement, again in the presence of two other officers. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. Wow, I am speechless! The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. The 2008 22 at 460-61. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Significant jurisprudence dealt with the constitutional issues in the first category. State Habeas Record at 261. 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. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. CODE CRIM. The victim's bodies were left to decompose in the summer heat. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). O'Brien, 156 F. App'x at 736. 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. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. 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. Cantu seeks to extend Simmons to Texas' former sentencing statute. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. The importance of mitigating evidence in capital trials cannot be gainsaid. Vol. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. 28 at 799-800. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. . The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. 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. 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?? This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Police said the Waltrip High The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" It's his choice. 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. In response, Medelln stated: "No, baby! This federal habeas action follows. Joe Cantu asked the group, who was giggling and laughing, what happened. PENAL CODE 19.03(a) (capital murder) with TEX. 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. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. 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. 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." The whole purpose of punishing these people should be to make them suffer. WebMr. Clerk's Record at 268-69. Entry No. Tr. 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." Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. The images were so Until then, Cantu had spent only a short time in jail. I wondered that too. PROC. 21 at 212. 22 at 394. 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. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 21 at 327. Tr. After the murders, the gang members went to Cantu's house. 21 at 227. 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. Cantu also unsuccessfully requested a jury instruction on parole. This Court will not certify any issue for review by the Fifth Circuit. Sadly, they never Id. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." The trial court did not allow any voir dire discussion of potential parole eligibility. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. I was in a tree. State Habeas Record at 261. "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." The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. 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. Accordingly, he cast his claims in the form of ineffective-assistance arguments. Jose Medellin said that they killed "a couple of chicks." Five individuals were convicted of the assaults, rapes, and murders in five different trials. 37.071 2(e)(1). Accordingly, two of the five defendants received, instead, life sentences. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. 24 at 860. Vol. 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. 1999) ("Relief based on Simmons is foreclosed by Teague."). 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. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." 24 at 854. Tr. All those believed responsible were ultimately arrested. 2008). Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 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. 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). 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. Vol. I testified against that fuck. See Tr. After several gang members fought Villareal, the group started drinking. Tr. But if something like this cant spark it, what can? As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." My ti Toyama trung tm ca ngnh cng nghip dc phm Graves: Elizabeth Pea were walking home along Oak... 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