Strickland v. Washington, 466 U.S. 668, 686 (1984). (Doc. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 2254(d)(1). Tr. In 2005, Texas revised its capital sentencing statute. 24 at 932-33; Tr. Gathers, 490 U.S. at 818. Vol. Both girls were strangled to death. 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 CODE CRIM. 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. 21 at 116-11. Nearby, Mary had just rented a new house but the problem was that dang alarm. 21 at 223-24. See id. 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. Entry No. 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 raises two claims related to the jury's consideration of his mitigation defense. The trial judge stated: Tr. Vol. Cantu filed a pre-trial motion to suppress his confessions. . 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 . Im listening to her (Laura Ingraham) right now. See 28 U.S.C. Vol. Christina Cantu took that to mean they killed someone. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Tr. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. Bush is getting really BAD advice from an staffer and will come to his senses soon. 22 at 569-72. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. Tr. This location was approximately one mile from Pea's home. Vol. 24 at 868-69, 902, 920-21. Vol. See TEX. Jose Medellin discontinued his narrative to bathe. 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. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Tr. United States District Court, S.D. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. 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[.]" The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." 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[.]" 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[.]" The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. 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. 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's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. 22 at 410, 418-19, 440. 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. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Autopsy 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 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." Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. Vol. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. . Hiding. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. 1988). O'Brien, 156 F. App'x at 736. The details in this description of the girls last moments are brutal. All those believed responsible were ultimately arrested. Laura Ingraham today said shes got incident after incident of things like this committed by illegals. 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. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. Campbell, 117 F. App'x at 953. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. Tr. . Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. 2254(d)(1). 28 at 698-99. After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. Tex. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. The admissibility of evidence is generally a matter of state evidentiary law. 23 at 699-703. 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. Medellin stopped Pena. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. 28 at 787). Tr. Entry No. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. 37.071 2(e)(1). 42.18 8(b)(2) (1991). 1998). Tr. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). . A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. 1991). Having a teenage daughter myself reading this was so painful. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 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. 21 at 311. Really. Entry No. Vol. 22 at 356. Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." Gang rapists/murderers are a special kind of sub species of vermin. 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. Jester Park. Entry No. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Id. 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. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 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." "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. Two VERY important things in the criminal justice system have changed as a result of these murders. 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. 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." Clerk's Record at 278-79. So I know that this is a trivial side point. Tr. 1999) ("Relief based on Simmons is foreclosed by Teague."). H-01-4078, 2003 WL 25321243 (S.D. In 2005, President George W. Bush ordered hearings to be held. Both then completed the act by strangling the girl with a shoelace in Pea's presence. 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. The police arrested the gang members simultaneously. 2254(e)(1). Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. 21 at 212. exemption for fair use of copyrighted works. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Clerk's Record at 268-69. Make your practice more effective and efficient with Casetexts legal research suite. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." I have voted for him as Governor and President without regret. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. 28 at 768-69. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate The importance of mitigating evidence in capital trials cannot be gainsaid. Web15K. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. See id. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. . State Habeas Record at 252. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Vol. 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. posters and do not necessarily represent the opinion of Free Republic or its While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County 28 at 666-67, 673, 770, 793. Marsh, 548 U.S. at 174. Vol. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. The murder of See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). The prosecution's argument then turned to what Cantu had done that merited a death sentence. 487K views 2 years ago. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 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. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." 447 U.S. at 629. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Vol. 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. The families of both Ertman and Pea strongly favored the execution(s). Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. He didn't fuck with me because his cousin was my good friend. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." 2254(d)(1). In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. 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." Clerk's Record 287-89. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Entry No. Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" 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." Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. O'Brien, 156 F. App'x at 736. Does that cause the defendant's behavior? 1998). TOP 0.5% June 8, 2021 The most difficult episode of Clueston. I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. Did one of the culprits confess with that much detail? Im not sure who else has brought attention to it. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). State Habeas Record at 261. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. (Doc. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. The prosecution explained why they sought to admit the photographs into evidence: Tr. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Tr. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. . . Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Tr. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 1996). The trial court did not allow any voir dire discussion of potential parole eligibility. R. EVID. After the murders, the gang members went to Cantu's house. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. PENAL CODE 19.03(a) (capital murder) with TEX. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). 2254(d)(1). 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" The state habeas court rejected each of his complaints. I need not go further. Texas, Houston Division. 2 at 30), he did not make those arguments before the jury. 1997). Tr. (Doc. I have no good words left for President Bush. Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Jester Park at White Oak bayou. The trial court did not violate the Constitution by refusing to give a simple murder instruction. Tr. A jury convicted Cantu of capital murder. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. How sick My heart is broken. Rule 22(b). The trial court refused to provide the jury with the requested instructions. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. Vol. Vol. 37.071(e)(2)(b). 22 at 579, 596-98, 603-06. 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). Vol. Her case is full of police misconduct and possible suspects. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. CODE CRIM. I was in Menlo park in during a huge gang fight. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. Vol. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. I wondered that too. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. 1996). 22 at 452-53. 21 at 298. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Vol. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. I hope his life is, was and remains a misery. 2 at 12.) Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. Simmons, 543 U.S. at 573. 24 at 860. Baby Jennifer was the Ertmans own personal little miracle. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Vol. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. TEX. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. See 28 U.S.C. 13 at 10.) Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. at 825. Clear, binding precedent forecloses relief on Cantu's claims. Vol. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 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." See Tr. Vol. 37.071 2(f)(4). In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement.
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jennifer ertman autopsy photos