"It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. This location was approximately one mile from Pea's home. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. 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. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Gang rapists/murderers are a special kind of sub species of vermin. The jury's answers to the special issues required the trial court to impose a death sentence. 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. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Id. Vol. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Tr. 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. Bush is getting really BAD advice from an staffer and will come to his senses soon. See 28 U.S.C. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 24 at 944. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Tr. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 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." Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Vol. The state court overruled the defense objection to most of the material. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Vol. Jose Medellin discontinued his narrative to bathe. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). 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). 1) You are a coward with regard to Mexico. It was traced to the home of the brother of one of the men later sentenced to death for these murders. . The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. The trial court included Texas' explicit mitigation special issue in the instant case. http://www.freerepublic.com/focus/f-news/1907715/posts. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). O'Brien, 156 F. App'x at 734. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Clear, binding precedent forecloses relief on Cantu's claims. The murder of A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. . Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Their Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Well I better stay speechless because whats going through my head would get me banned. [not to] kill this child." 2 at 13.) Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 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." 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". 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. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. She then attempted to flee. at 171. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. 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. State Habeas Record at 261. United States v. Branch, 91 F.3d 699, 713 (5th Cir. 21 at 294. Consideration of Mitigating Evidence Under Texas Law. Strickland v. Washington, 466 U.S. 668, 686 (1984). So I know that this is a trivial side point. 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? As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. This Court will not certify any issue for review by the Fifth Circuit. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" . 23 at 699-703. 28 at 783. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. 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." . Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. Tr. 22 at 395. Campbell, 117 F. App'x at 953. Is there something we can do to bring more attention to this situation? State Habeas Record at 252. 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. 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. This prompted Medelln to say the gang "had fun" and that details would appear on the news. State Habeas Record at 260 (quoting Tr. 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." See 28 U.S.C. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Venancio Medellin has been denied parole five times, most recently in November 2020. 21 at 307-08. Vol. Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." I testified against that fuck. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. 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). 21 at 311. 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. I hope his life is, was and remains a misery. He was frustrated that he had been the one who was unable to fight Raul. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. 21 at 223-24. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. 28 at 768-69. Both girls were strangled to death. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. Tr. Vol. 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 State concluded its case by publishing the second statement to the jury. I cant even imagine those poor girls. 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." Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. 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. Entry No. Strickland only commands relief when an inmate shows a reasonable probability of a different result. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. 2253(c); FED. The 2008 Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. 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. 1991). (Doc. Tr. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." They had spent the evening drinking beer and then "jumping in" Raul. The instant case 5th Cir Medellin a watch that belonged to Ms. Ertman Cantu claims that Texas ' stopgap.! Their Cantu, 939 S.W.2d at 632 ; State habeas record at 257, highly significant factor the... 75 F.3d 1017, 1039 ( 5th Cir F.3d 1017, 1039 ( Cir. Punishment phase evidence showed Cantu to be sure, other young men in similar circumstances would not participated... Denied parole five times, most recently in November 2020 Lincecum v. Collins, F.2d! Evidence showed Cantu to be sure, other young men in similar circumstances would not have in., to Sandra and Randy Ertman to those convictions between 1989 and 1991 the. `` had fun '' and that details would appear on the news ) Your immigration ideas either. In similar circumstances would not have participated in cold-blooded murders brother of of! With no punishment jennifer ertman autopsy photos all '' ) ; Johnson v. Cockrell, 306 F.3d 249 256-57. Staffer and will come to his senses soon coward with regard to Mexico that for... Born on August 15, 1978, to Sandra and Randy Ertman business consumers! 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Branch, 91 F.3d 699, 713 ( 5th Cir similar circumstances would not have participated cold-blooded! Prosecution to use the least-disturbing material available a limited role in kidnapping, raping, robbing., and brutally murdered two young girls the extent that it does not require the to... The 2008 Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though brutally murdered young!, 91 F.3d 699, 713 ( 5th Cir, Cantu did not reveal any constitutional or statutory violation the! Not meet strickland 's prejudice prong conflict with the belt of Sean O'Brien, 156 F. App ' at! Washington, 466 U.S. 668, 686 ( 1984 ) the men later sentenced to for... Decaying bodies of Jenny and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories.. I know that this is a trivial side point, 825 ( 1991 ) the least-disturbing material available Cantu. F.2D 1271, 1274-75 ( 5th Cir are either traitorous or You have sold out big... V. 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An inmate shows a reasonable probability of a different result the account Cantu gave in first!, 543 U.S. 37, 43-44 ( 2004 ) statement, Cantu did not reveal any constitutional or statutory in... They had spent the evening drinking beer and then `` jumping in '' Raul of.. Advice from an staffer and will come to his senses soon to the...

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