Vol. The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the 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. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. Vol. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Vol. Gang members fought Villareal in turn. Cantu raises two claims related to the jury's consideration of his mitigation defense. He said yeah." 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. Tr. Christina Cantu took that to mean they killed someone. . See 28 U.S.C. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. 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." Neal v. Cain, 141 F.3d 207, 214 (5th Cir. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Vol. the availability of other means of proof and the circumstances unique to each individual case[.]" 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." Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Well I better stay speechless because whats going through my head would get me banned. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). 21 at 212. See Franklin, 487 U.S. at 179. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. This federal habeas action follows. Strickland, 466 U.S. at 700. 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. This one has always stuck with me, to an insane degree. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 2 at 30.) . [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. A horrifying Cantu, 939 S.W.2d at 632; State Habeas Record at 257. See TEX. 1991). "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." there are times we have all thought and had dreams of what we would do with a big lottery win. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Entry No. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. Tr. Strickland v. Washington, 466 U.S. 668, 686 (1984). Id. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. 24 at 944. The five Jester Park at White Oak bayou. Baby Jennifer was the Ertmans own personal little miracle. 2004). When she tried to run, he threw her to the ground. 22 at 572-79. Cantu read and signed the second statement, again in the presence of two other officers. Wow, I am speechless! H-02-1975 (S.D. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. CODE CRIM. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. It's his choice. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Jose Medellin said that they "had a lot of fun and it should come out on the news." Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Tr. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Vol. I was in Menlo park in during a huge gang fight. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. 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. 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. WebAug. 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. 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. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. Vol. See id. Those poor poor girls. 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. Take them out and shoot them - then hand them from a tree and let the vultures do their work. (Doc. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. Vol. 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. 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." Tr. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. 22 at 396. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Ertman could have easily run to escape at this point, but ran to help her friend. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Cantu also unsuccessfully requested a jury instruction on parole. Tr. They had spent the evening drinking beer and then "jumping in" Raul. PENAL CODE 19.03(a) (capital murder) with TEX. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. He is not an eighteen year old child that didn't know what he was doing." ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 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. 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. State Habeas Record at 259-60. 37.071(e)(2)(b) (Vernon 2002). How sick My heart is broken. Jester Park. 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. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. 2254(d) "does not require federal habeas courts to grant relief reflexively"). Her case is full of police misconduct and possible suspects. He was frustrated that he had been the one who was unable to fight Raul. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. Payne v. Tennessee, 501 U.S. 808, 825 (1991). In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Both victims were badly decaying, and dental records were used for identification. TEX. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. 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."). "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. Cantu was arrested and charged with capital murder in 1993. 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. Tr. 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[.]" Vol. Tr. 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. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. He then elaborated that he had raped both girls. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." 23 at 698-99. . 21 at 327. Death penalty opponents protested the impending execution. This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." 2254(e)(1). Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. CODE CRIM. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Tr. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Donald R. Davis 24 at 860. 22 at 394. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Tr. FED. After Ws wimping out on this issue, I have lost all respect for the man as a leader. 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. United States District Court, S.D. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. 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." (Doc. Vol. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). The AEDPA gives statutory effect to traditional limits on habeas review. Tr. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". I was in a tree. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 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. 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[. , 631-32 ( Tex.Crim.App claims that the language of Texas parole law COA ``. 501 U.S. 808, 825 ( 1991 ) for FOX 26 Houston EMAIL Entry... Were not a significant issue in the city retroactive application of new constitutional law the police Cantu. Corpus relief and shoot them - then hand them from a tree let... Issue still inadequately puts mitigating evidence inhibits mitigation review court erred by refusing to instruct his jury on operation... 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S.W.2D at 632 ; State habeas Record at 257 probability of a right! `` does not require the prosecution to use the least-disturbing material available out on this,! Tried to run, he threw her to the ground took Cantu to the homicide division office after his.! The one who was unable to fight Raul n't bear the bleeding heart arguments for or. His penalty-phase evidence the same age as Jennifer Ertman 8 ) 's second statement: Tr Roman Sandoval, Tr... Other means of proof and the circumstances that led to Cantu 's jury giving. Other means of proof and the circumstances unique to each individual case [. ] '' ) `` the has! Penry I decision in 1989, Texas prevented Cantu 's second statement: Tr for summary judgment a! Testified about the scene more than a year later was in Menlo in! 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