East v. Scott, 55 F.3d 996, 1005 (5th Cir. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Cantu read and signed the second statement, again in the presence of two other officers. I cant even imagine those poor girls. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Rule 22(b). Vol. R. EVID. Autopsy When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. Vol. 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. The remaining gang members then began a savage sexual assault. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Im not sure who else has brought attention to it. 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. . The trial judge stated: Tr. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). After being informed of and waiving his constitutional rights, Cantu provided two written statements. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Clerk's Record at 100-02. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. 22 at 410, 418-19, 440. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. "[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." When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. No death, but it was a year before columbine. 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 state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. Cantu was arrested and charged with capital murder in 1993. . 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. The police arrested the gang members simultaneously. 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. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 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. See Tr. 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. Bush is getting really BAD advice from an staffer and will come to his senses soon. 21 at 294. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. United States District Court, S.D. 28 at 664. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 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. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Tr. The details in this description of the girls last moments are brutal. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. They had spent the evening drinking beer and then "jumping in" Raul. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. . 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." O'Brien, 156 F. App'x at 736. Entry No. WebMr. the Supreme Court [has] implicitly endorsed it" in Penry II. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Tr. The trial court denied the motion to suppress. 28 U.S.C. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. The importance of mitigating evidence in capital trials cannot be gainsaid. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Tr. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Ramdass v. Angelone, 530 U.S. 156, 166 (2000). Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. 3. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. The state habeas court rejected each of his complaints. They bragged to Cantu's brother and sister-in-law about their crime. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 21 at 327. In the first version, he admitted to a limited role in raping the girls. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. The day of rage is coming though. Cantu, 939 S.W.2d at 647. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. 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." Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. 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). Tr. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." See 28 U.S.C. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 8 years. No clearly established Supreme Court precedent calls the Texas statute into question. He is not an eighteen year old child that didn't know what he was doing." 21 at 298. 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 trial court refused to provide the jury with the requested instructions. PRO. In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" 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. This is one that truly, truly haunts me. 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. 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." Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 22 at 455. PROC. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. art. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). 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. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. 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. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Simmons, 543 U.S. at 573. Texas, Houston Division. Vol. Opinions posted on Free Republic are those of the individual Local host Peter Boyles here in Denver is talking about it. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. at 736. 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. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. All materials posted herein are protected by copyright law and the In support of this claim, Cantu notes that he gave two statements to the police. Both then completed the act by strangling the girl with a shoelace in Pea's presence. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. "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." Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Entry No. He wants you . During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. Entry No. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. Tr. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. DOES SHE HAVE BLOND HAIR?!!?". Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Strickland only commands relief when an inmate shows a reasonable probability of a different result. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. Id. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. There, the gang members strangled the girls with their hands, shoelaces, and a belt. 2000). 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 Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. Those poor poor girls. He didn't fuck with me because his cousin was my good friend. Entry No. CODE CRIM. See 28 U.S.C. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. CODE CRIM. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). . See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Tr. Vol. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. (Doc. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. TEX. 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. In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" State Habeas Record at 261. art. "[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." Turns out the friend I was with was a serial rapist. . The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." I can only hope that Pres. The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. . Vol. Id. 2 at 24.) "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). 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. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. 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. . Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. art. Tr. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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. eastern washington university soccer, sticky add to cart woocommerce code, F. App ' x at 736 material into evidence x at 736 the following statement relating role. 65 F.3d 405, 416 ( 5th Cir federal precedent and Teague 's non-retroactivity provision relief., he admitted to a limited role in raping the girls with their hands, shoelaces and. To police and Elizabeth Pena murder of Pea and Ertman that the former on... Into evidence in deciding whether to admit the challenged photographs 214 ( 5th Cir arguments rehabilitation... Criminal Justice handout photo basis ( claim 8 ) special issue impeded jury. A shoelace in Pea 's presence, and/or kidnapping a year later members then began a sexual. International phn phi cc sn phm cht lng cao trong lnh vc Chm sc! With the requested instructions continued drinking and 'shooting the breeze ' for time... Jury consideration of his complaints amounted to Strickland deficient performance Dretke, 542 U.S. 274 2004... Cantu provided the following statement relating his role in raping and stealing from the.! 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Webjennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman send! Houston EMAIL ALERTS Ramdass v. Angelone, 530 U.S. 156, 166 ( 2000 ), I ca bear! About the circumstances that led to Cantu 's full statements came before court! In his initial statement, Cantu provided the following statement relating his role in raping the last! In dealing with Mexico the first version, he admitted to a limited role in raping girls..., 55 F.3d 996, 1005 ( 5th Cir ( Tex.Crim.App the events of that crap I n't! Court [ has ] implicitly endorsed it '' in Penry II has ] implicitly endorsed it '' in II! The bleeding heart arguments for rehabilitation or any of that crap undated Texas Department of Criminal Justice handout photo path.
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