Id. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. 21 at 212. Xin cm n qu v quan tm n cng ty chng ti. 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. 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. Vol. I was in Menlo park in during a huge gang fight. Tr. Vol. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Vol. Vol. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. 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." State Habeas Record at 260. Id. 28 U.S.C. 21 at 294, Vol. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. Opinions posted on Free Republic are those of the individual In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. 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. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. 24 at 929-24; SX 5 and 6. Significant jurisprudence dealt with the constitutional issues in the first category. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Nearby, Mary had just rented a new house but the problem was that dang alarm. Tr. . Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. Tr. Tr. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Both victims were badly decaying, and dental records were used for identification. State Habeas Record at 261. 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. The break in solving the case came from, of course, the 911 call. 24 at 942. 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. Tr. Tr. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. 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. Williams, 529 U.S. at 407. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. Derrick O'Brien was the first to be executed, on July 11, 2006. . State Habeas Record at 261. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 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. See 28 U.S.C. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." Venancio Medellin has been denied parole five times, most recently in November 2020. management. Money can't stop gangs. But if something like this cant spark it, what can? Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. See TEX. 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." 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[.]" 3) Your have handed the Presidency to Hillary Clinton. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. Tr. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. United States District Court, S.D. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Vol. Cantu, 939 S.W.2d at 647. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. 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. 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. Create an account to follow your favorite communities and start taking part in conversations. 2. Vol. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. Autopsy Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 12.) 22 at 455. 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. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Randy commandeered the news van and went to the scene that was now bustling with police activity. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and 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?? State Habeas Record at 260. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". I wish to hell he could have died the way she died.". 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[. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. Vol. Police said the Waltrip High 22 at 394. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. The Due Process Clause protects against prosecutorial excess in closing summation. 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. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. So I know that this is a trivial side point. 2 at 30.) Vol. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" Vol. 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). (Doc. Tr. Tr. Marsh, 548 U.S. at 174. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. 37.071 2(f)(4). On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 2. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 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 medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 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. I wondered that too. Tr. The admissibility of evidence is generally a matter of state evidentiary law. But he has sowered. Vol. Vol. Ramdass, 530 U.S. at 169 (emphasis added). Id. "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." Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. 28 at 785. Penry II, 532 U.S. at 802. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. PRO. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. . Death penalty opponents protested the impending execution. seeks to show constitutional error from a jury instruction that quotes a state statute"). Cantu has not shown that the admission of the challenged material was fundamentally unfair, particularly since the trial court clearly tried to filter out any unnecessarily disturbing material. 1996). 3. Cantu does not challenge the prosecutor's statements as a separate due process challenge. Disclaimer: The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Cantu read and signed the second statement, again in the presence of two other officers. Payne, 501 U.S. at 825. 20 at 95. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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." She then attempted to flee. 2005). Vol. Cantu suggests: (Doc. Vol. Both girls were strangled to death. New comments cannot be posted and votes cannot be cast. A horrifying Id. Five individuals were convicted of the assaults, rapes, and murders in five different trials. "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[.]" 22 at 395. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Happy Halloween! 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. 23 at 698-99. Simmons, 543 U.S. at 573. 21 at 327. CRIM. Vol. 1988). In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). Tr. No clearly established Supreme Court precedent calls the Texas statute into question. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. In 2005, President George W. Bush ordered hearings to be held. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. 28 at 693-95. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. 2253(c); FED. The gang members then stomped on both girls' throats to ensure their deaths. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. I was 15. 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. Vol. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. Entry No. 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. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. Vol. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. See 28 U.S.C. Vol. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. Like 4 of us climbed a tree. This case is DISMISSED WITH PREJUDICE. PENAL CODE 19.03(a) (capital murder) with TEX. I have no good words left for President Bush. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 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."). 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. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. The gang members described how they murdered the girls. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Four days after the murders, the girls' bodies were found in the park during hot weather conditions. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. 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. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. The teenagers congregated near a railroad trestle to "fight in" Villareal. 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."
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