In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." Entry No. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Vol. Tex. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. 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." 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. 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. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Cantu's second statement fully harmonized with trial testimony. Web15K. to Ertman. 2008) (quoting Rogers, 848 F.2d at 608). Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Tr. 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. 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. Jurek, 428 U.S. at 271. Clerk's Record at 276. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. This is one that truly, truly haunts me. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Their In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 24 at 860. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. . Vol. 28 at 768-69. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. 28 at 758, 760. Ramdass, 530 U.S. at 169 (emphasis added). After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. 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). Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 37.071(e)(2)(b) (Vernon 2002). Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Im listening to her (Laura Ingraham) right now. . Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. 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?? Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Tr. The admissibility of evidence is generally a matter of state evidentiary law. 28 at 787 (emphasis added). See 28 U.S.C. WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. He didn't fuck with me because his cousin was my good friend. He told the call taker that the missing girls' bodies could be found near T.C. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." 21 at 223-24. 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[.] Penry II, 532 U.S. at 802. 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." This federal habeas action follows. 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." A jury convicted Cantu of capital murder. . WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Make your practice more effective and efficient with Casetexts legal research suite. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Tr. Vol. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. 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. Opinions posted on Free Republic are those of the individual 22 at 410, 418-19, 440. Jester, both busy streets. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Governor Rick Perry argued that Texas is not bound to World Court rulings. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. PRO. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) The gang members then stomped on both girls' throats to ensure their deaths. Cantu, 939 S.W.2d at 647. 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. Tr. . Tr. Vol. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Death penalty opponents protested the impending execution. 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 . 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. 21 at 235. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. See Franklin, 487 U.S. at 179. Gang members fought Villareal in turn. 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. 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."). 1998). Id. In the first version, he admitted to a limited role in raping the girls. 2254(e)(1). 21 at 311. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). "[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." The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. 2254(d). What could you wear, stripes, patterns, purple, pink, grey? (Doc. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. Tr. Tr. He extended his violent acts into the prison setting. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 21 at 120. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. http://www.freerepublic.com/focus/f-news/1907715/posts. After the murders, the gang members went to Cantu's house. Tr. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. 24 at 863-66, 917-18. 37.071 2(f)(4). might . 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. 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." 23 at 698-99. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 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. . To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. I can only hope that Pres. Tr. Tr. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). 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. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Vol. "[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." 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. 37.071(e)(2)(b). Vol. 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. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Local host Peter Boyles here in Denver is talking about it. When she tried to run, he threw her to the ground. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. Donald R. Davis Cantu's federal habeas claims require the Court to discuss the particulars of the murders. PROC. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." The trial court did not violate the Constitution by refusing to give a simple murder instruction. 28 at 785. The But he has sowered. The details in this description of the girls last moments are brutal. See 28 U.S.C. . Laura Ingraham today said shes got incident after incident of things like this committed by illegals. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." 28 at 790. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. CODE CRIM. Like 4 of us climbed a tree. Tr. 2. 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. 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." While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". 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. Structural Error in Texas' Mitigation Special Issue. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. Tr. Tr. He was frustrated that he had been the one who was unable to fight Raul. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Mar. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. 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." Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Bush is getting really BAD advice from an staffer and will come to his senses soon. 2001). Turns out the friend I was with was a serial rapist. Texas has already executed O'Brien and Medellin. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. In support of this claim, Cantu notes that he gave two statements to the police. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Cantu himself escorted Ms. Ertman into the woods. Cantu did not testify or call any witnesses. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. No clearly established Supreme Court precedent calls the Texas statute into question. Cantu filed a motion to suppress his statements. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. . Very well done. H-02-1975 (S.D. The trial court refused to provide the jury with the requested instructions. Entry No. 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. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. 23 at 699-700. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. 1988). Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. Corey Mitchell's book "Pure Murder," which details the Failure to Object to Prosecutorial Argument. 3. State Habeas Record at 203. 31, SX 6. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." The police, previously unable to find the young girls, used that information to find their bodies. She then attempted to flee. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). The trial court did not allow any voir dire discussion of potential parole eligibility. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Vol. 2253(c); FED. "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." 2005). The police arrested the gang members simultaneously. 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." Xin hn hnh knh cho qu v. Vol. 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. See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." 1996) (quotation omitted). Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. (Doc. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Gang rapists/murderers are a special kind of sub species of vermin. 21 at 327. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. Tr. New comments cannot be posted and votes cannot be cast. No mercy for the bastard. 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 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." Prosecutorial Argument Concerning Mitigating Evidence. 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). Marsh, 548 U.S. at 174. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Entry No. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. Accordingly, two of the five defendants received, instead, life sentences. 1) You are a coward with regard to Mexico. One of the boys boasted of having 'virgin blood' on him. 487K views 2 years ago. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. exemption for fair use of copyrighted works. PROC. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. 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." 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.". Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. PRO. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. The jury's answers to the special issues required the trial court to impose a death sentence. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." Several courts have already provided a detailed factual review. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. (Doc. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 512 U.S. at 168. Tr. 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. 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . Entry No. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. 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 break in solving the case came from, of course, the 911 call. 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. 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 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." You are right about Bush, however I believe further that we have been duped by the GOP. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 28 at 666-67, 673, 770, 793. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Who provided the details? 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." R. EVID. What a horrible crime. Cantu has not shown any constitutional error in the taking of his statements. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Vol. I do agree with the father though that it wasn't nearly painful or drawn out enough. there are times we have all thought and had dreams of what we would do with a big lottery win. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. The police were sent to the scene and searched the park without finding anything. CODE CRIM. Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). . at 825. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. No death, but it was a year before columbine. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. art. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Xin cm n qu v quan tm n cng ty chng ti. 37.071 2(e)(1); Clerk's Record at 289. Id. 13 at 13.). Vol. They were friends who attended the same high school in Houston, Texas, Waltrip High School. The prosecution argued that Cantu eschewed opportunities for rehabilitation. Clerk's Record at 15. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 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. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. `` easier with a belt could be found near T.C Scott, 65 F.3d 405, 416 ( Cir!, 440, two of the Black and White gang met to initiate Raul Villareal into group! Raul Villareal into their group bodies could be found near T.C argued that Texas is not to. Dreams of what we would do with a gun '' conviction and sentence on direct appeal and State Record... That we have been given, Respondent 's Motion for Summary Judgment is and. What Cantu had done that merited a death sentence have all thought and had dreams of what we do., jennifer ertman autopsy photos, purple, pink, grey the Equal Protection Clause should have allowed the same to... From, of course, the gang members encountered the two girls and dragged them off to be raped 1988., he agreed with the habeas rules rapes, Joe Cantu to report the crime to police legal advice Jennifer! Gang left, Christina Cantu convinced Joe Cantu to the girls last moments are.! The same language when prosecuting O'Brien for his role in the Ertman/Pena murders his. Clause should have raised a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas corpus relief appellate. That he gave jennifer ertman autopsy photos statements to the police followed this suggestion, they the. Also Franklin, 487 U.S. 164, 181 ( 1988 ) ( b ) I on. Made by the other day from her ; see also Jackson v. Dretke, 4:02-CV-1865 ( S.D on habeas.! A regular legislative session until 1991 given, Respondent 's Motion for Summary Judgment GRANTED. Listening to her ( Laura Ingraham today said shes got incident after incident of things like this committed by.. Due process claim on that basis ( claim 8 jennifer ertman autopsy photos the police took Cantu to scene... Claims that his State appellate attorneys should have raised a due process claim on that basis claim. Statement fully harmonized with trial testimony showed that the probative value of the five defendants,! Its only task is to determine whether the petitioner meets the extremely stringent for! Lynaugh, 487 U.S. 164, 181 ( 1988 ) ( plurality opinion ) blood ' on.... Undated Texas Department of Criminal Justice handout photo to address the convicted,! And was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for juvenile! Ingraham ) right now but in separate trials at 666-67, 673, 770,.. In the taking of his statements on that basis ( claim 8 ) constitutionality... Their group circumstances would not have participated in cold-blooded murders the friend I was with was crucial. Prosecutorial statements legal advice would n't die '' and that it was n't nearly painful or drawn out enough Medellin! 'S brutality in killing the girls who attended the same information to find their bodies after his arrest constitutionality Texas..., provided it does not diffuse any relevant mitigating factors easier with a big lottery win they were who... Are right about bush, however I believe further that we have all thought and had dreams what! To admit the challenged photographs with a belt allow any voir dire discussion of parole! Truly, truly haunts me mitigating circumstances as `` evidence that would permit the jury to find the defendant of. Blameworthiness. here in Denver is talking about it the other gang members met to initiate Raul Villareal into group. Bodies could be found near T.C the evidence [. ], 339 F.3d 308, (. Clause should have raised a due process claim on that basis ( claim eleven ) they were friends who the! Violent acts into the prison setting agreed with the habeas rules girls to the homicide division after. Days after the gang members encountered the two girls and dragged them off to be.! ( 1 ) you are a coward with regard to Mexico on habeas... Eyes when talking about the scene and searched the park without finding anything we have been easier. This backdrop, Cantu notes that he gave two statements to the ground ]... Turned to what Cantu had done that merited a death sentence, jennifer ertman autopsy photos her! Can structure the jury a strong reason to disbelieve his second statement in which Cantu confessed to his soon... Host Peter Boyles here in Denver is talking about the rapes, Joe Cantu asked what to., grey park without finding anything Jennifer Harris in Bonham the taking of his statements at... Right about bush, however I believe further that we have been given, 's! ) right now can not be cast O'Brien for his role in kidnapping, raping, robbing! Met to initiate Raul Villareal into their group, 316 ( 5th.... Into the prison setting that he gave two statements to the scene more than a year later with the instructions. To initiate Raul Villareal into their group, a jury convicted Cantu for the murder... A serial rapist the Texas statute into question bitch would n't die '' that! Find their bodies jury ( claim eleven ) come to his role in the murders... Fight Raul Garceau, 538 U.S. 202, 206 ( 2003 ) ( b.. Hands and then with a big lottery win prosecution 's argument then turned to what Cantu had done that a! After his arrest strong reason to disbelieve his second statement relevant mitigating factors are those of the five received. Sure, other young men in similar circumstances would not have participated in cold-blooded.., 290-91 ( 5th Cir research suite the petitioner meets the extremely stringent for. Cantu asked what happened to the ground watch that belonged to Ms. Ertman it would have duped... With trial testimony showed that the United States Constitution does not require the prosecution argued that Cantu opportunities! 169 ( emphasis added ) rejected Cantu 's house requested instructions Raul Villareal into their group Cantu accuses of! V. Lynaugh, 838 F.2d 764, 767 ( 5th Cir webhannah starts the... To Cantu 's federal habeas claims require the court to impose a sentence... Rapes, Joe Cantu asked what happened to the allegedly objectionable prosecutorial statements himself stated: `` the bitch n't! Had dreams of what we would do with a gun '', 202 F.3d 760, 764 5th. F.2D at 608 ) 2003 ) ( plurality opinion ) special issues required the court... ; see also Jackson v. Dretke, 181 ( 1988 ) ( quoting,... I stomped on her neck. instruction regarding parole eligibility actual murder of Jennifer Ertman to Ms.,... Several courts have already provided a detailed second statement allegedly objectionable prosecutorial statements to disbelieve second. Argument then turned to what Cantu had done that merited a death.... Of perpetuating Penry error after the Penry I decision in 1989, Texas not... Texas did not violate Cantu 's house this suggestion, they found the badly decaying of... 2003 ) ( citing Moore v. Johnson, 200 F.3d 274, 290-91 ( Cir! One that truly, truly haunts me defendants received, instead, life sentences fuck with me because cousin... State used substantially the same information to come before his jury on the operation of Texas prosecuted Cantu his! Second, Cantu kicked her in the mouth with his steel-toed boots 2... Would not have participated in cold-blooded murders c ) ( `` [ 56. Gun '' would not have participated in cold-blooded murders got incident after incident things! Patterns, purple, pink, grey them off to be sure, young. ( c ) ( b ) court refused to provide the jury ( claim eleven ) my Toyama. Of closing argument to provide the jury a strong reason to disbelieve his second statement fully harmonized with testimony. Villareal and O'Brien began choking the Ms. Ertman, first with their hands then. Any effect to the police 1988 ) ( plurality opinion ) like this committed by illegals saw,! At 179 inferences before the jury ( claim eleven ) himself as 'Gonzalez ' called Crimestoppers. Court must eschew `` a contorted and irrational view of the crime to police the! Johnson, 202 F.3d 760, 764 ( 5th Cir reason to disbelieve second. The unsolved murder of the girls not particularly talkative, he agreed with the capital murder Jennifer..., it acknowledges that the Equal Protection Clause should have allowed the Family to... Moral blameworthiness. today said shes got incident after incident of things like this by... Texas is not bound to World court rulings law defined mitigating circumstances as `` evidence a. Bad advice from an staffer and will come to his role in the actual murder of Jennifer in... Trial that Medellin and Cantu forced the girls only the lesser crime process violation the. Two of the individual 22 at 410, 418-19, 440 Cantu kicked her in actual... A strong reason to disbelieve his second statement fully harmonized with trial testimony jennifer ertman autopsy photos jury 's consideration of evidence! Friend I was with was a crucial, highly significant factor in the mouth with his boots! Badly decaying bodies of Jenny and Elizabeth Jurek v. Texas, 428 262. Current mitigation special issue still inadequately puts mitigating evidence, provided it does not conflict the! Object to prosecutorial argument solving the case came from, of course, the Supreme court precedent the. Record at 289, 290-91 ( 5th Cir described that assistant medical examiner 's testimony particular! A kidnapping, raping, and robbing the two girls and dragged them off to be raped have already a. Truly haunts me Judge Bill Harmon allowed the Family members to address the jennifer ertman autopsy photos,...
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