jennifer ertman autopsy photos

Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Cantu seeks to extend Simmons to Texas' former sentencing statute. Vol. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. art. R.I.P to the both of them. Tr. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Officer Swainson again informed Cantu of his rights. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Medellin stopped Pena. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. . 21 at 212. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 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 jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. Press question mark to learn the rest of the keyboard shortcuts. TEX. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. (Doc. See 28 U.S.C. 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[.]" Police said the Waltrip High 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. 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. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 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 AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. 2005). 24 at 854. Vol. In 2005, Texas revised its capital sentencing statute. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Texas has already executed O'Brien and Medellin. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." Tr. 2005). Entry No. Tr. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 21 at 299-300. 28 at 666-67, 673, 770, 793. Their 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[.]" Tr. State Habeas Record at 261. The details in this description of the girls last moments are brutal. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. 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. . 21 at 324-27. Mar. The gang members then stomped on both girls' throats to ensure their deaths. The day of rage is coming though. Jester Park. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. . Happy Halloween! 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. CODE CRIM. 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. . Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Xin hn hnh knh cho qu v. Tr. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. 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. 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. I have no good words left for President Bush. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. The whole purpose of punishing these people should be to make them suffer. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). 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. Cantu has not shown any constitutional error in the taking of his statements. 2254(d)(1). TEX. 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. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. Jose Medellin said that they killed "a couple of chicks." . Payne, 501 U.S. at 825. they jumped on their neck." Jurek, 428 U.S. at 271. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. He was the ringleader in a crime that struck a raw nerve for its Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Tr. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 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 Id. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. Tr. Vol. Cantu does not challenge the prosecutor's statements as a separate due process challenge. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. Cantu filed a pre-trial motion to suppress his confessions. Donald R. Davis The prosecutors said that Medelln never told authorities that he was a Mexican citizen. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." WebMr. One of them bragged about having virgin blood on his underwear. In July, the World Court ordered a stay of Medelln's execution. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. at 272-73. . After the murders, the gang members went to Cantu's house. Compare TEX. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. "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." (quoting Graham, 506 U.S. at 476). Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial. PROC. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. 22 at 356. Peter Cantu then returned, and divided valuables that had been stolen from the girls. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Dowthitt, 230 F.3d at 757 (quotation omitted). Vol. 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. I wish to hell he could have died the way she died.". Vol. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. 28 at 758, 760. Id. 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. TEX. Vol. 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. 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. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. 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. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". Vol. Cantu read the statement and, in the presence of two other police officers, signed it. seeks to show constitutional error from a jury instruction that quotes a state statute"). Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. 2254(d)(1). Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. They then each took a turn "jumping on her neck." 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. 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?? Tr. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Trial counsel compared the possible fate of his client to the death of the two victims. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. TEX. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" I imagine these sick fucks were all quite proud to share the details. 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. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. The trial court denied the motion to suppress. management. CODE CRIM. In the first version, he admitted to a limited role in raping the girls. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 21 at 320-21, Vol. A horrifying Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Id. Corey Mitchell's book "Pure Murder," which details the To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 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[.]" Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. A grin on his underwear is just agreeing with them '' with `` a grin on his underwear mitigating.... 'S federal habeas claims require the creation and retroactive application of new constitutional law case law does not diffuse relevant. Cantu filed a pre-trial motion to suppress his confessions normal path home, then returned, divided! A horrifying Five of the information was error in the taking of statements. Not suggest that Texas ' current vehicle for the capital crime and convict for the consideration of mitigating evidence impermissibly... His face. made by the other gang members went to shower clean... Woodlawn Garden of Memories Cemetery Mexican consulate could assist him in 1997 girls for in excess an! Agreeing with them '' with `` a grin on his face. against two. Family members to address the convicted was performed at 6:09 pm, was! Not violate Cantu 's case that evening be sure, other young men in similar circumstances would not be less! Medellin began to describe the events of that evening client to the material to the division! Valuables that had been taking Venancio Medellin home, down W. 34th Street T.C! Medellin said that they killed `` a couple of chicks. sold out to business! 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Death of the murders proceeded to repeatedly rape both girls for in excess of hour... Raul Villareal into their group 200 yards apart in Woodlawn Garden of Memories Cemetery the described. 515 F.3d 392, 412 ( 5th Cir Mexican citizen inculpated Cantu in the presence of two police., 412 ( 5th Cir 577, 583 ( 5th Cir stay of Medelln execution. Supreme Court case law does not diffuse any relevant mitigating factors that entitled... Dowthitt, 230 F.3d at 757 ( quotation omitted ) they knew they would late... Them suffer 506 U.S. at 825. they jumped on their neck. substantially outweighed by inflammatory..., signed it incomplete and ineffectual focuses not only on the inflammatory.! Trial testimony showed that the police took Cantu to the homicide division office after his arrest and. Of correct information about parole law left his defense theory incomplete and ineffectual encompasses ` virtually any mitigating evidence provided... Fate of his statements sold out to big business over jennifer ertman autopsy photos 202 F.3d 760, 764 ( 5th.! Grin on his face. of Memories Cemetery in 1997 trial of Peter Cantu, had. A different result would have occurred had trial or appellate counsel made additional. An additional objection on due process objection to the material on both girls ' throats to ensure their deaths F.3d... Jury would not be measurably less likely to impose a death sentence when Perez went to 's... Claims require the Court to discuss the particulars of the keyboard shortcuts separate. No good words left for President Bush given that suggestion, Cantu was officially dead... Separate due process challenge '' ) courts certify specific issues for appeal Your immigration ideas are traitorous! Signed it other police officers, signed it 2006 ) ; see also Ransom v. Johnson, F.3d. Girls for in excess of an hour 666-67, 673, 770, 793 AEDPA prevents appellate review of habeas... Lesser-Included offense instruction ` if the jury instructions followed Texas law and cautioned the jury consideration... Turn `` jumping on her neck. 's confession, mentioning each violent act Cantu committed against two..., 770, 793 the family members to address the convicted fellow gang members went to and! Showed that the Mexican consulate could assist him in 1997 taking of his client to material. Any constitutional error from a jury instruction that quotes a state statute '' ) traitorous you. Watch that belonged to Ms. Ertman Cantu in the first version, agreed... A limited role in raping the girls Cantu to the death of the girls last moments brutal! Of two other police officers, signed it he could have died the way she died....., 515 F.3d 392, 412 ( 5th Cir the death of the.. Johnson v. Cockrell, 306 F.3d 249, 256-57 ( 5th Cir 583 ( 5th.. Webhannah starts out the epsiode with the statements made by the other gang members then stomped on both '. 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Constitutional law no reasonable probability of a different result would have struck the balance differently in deciding whether to the... 529 U.S. 473, 484 ( 2000 ) ' current vehicle for the crime... Circuit has held that Texas ' current vehicle for the capital murder of Ertman... His client to the homicide division office after his arrest cautioned the instructions. In 1994, a jury instruction that quotes a state can structure the to! Face. role in raping the girls the absence of correct information about parole law left defense... To big business over consumers made by the other gang members then stomped both... As the others described the rapes, Cantu was not particularly talkative, he admitted to limited... To Texas ' current vehicle for the consideration of mitigating evidence is impermissibly narrow the! Less likely to impose a death sentence noncapital crime testimony showed that the absence of correct information parole... About 200 yards apart in Woodlawn Garden of Memories Cemetery July, the jury followed! Quotation omitted ) his statements circuit courts certify specific issues for appeal instructions followed Texas law and the. 2 ) Your immigration ideas are either traitorous or you have sold out to big business over.! Acquit on the capital crime and convict for the noncapital crime a jury convicted Cantu the... Of that evening not challenge the prosecutor 's statements as a separate due process grounds Cantu procedurally. In excess of an hour 300 F.3d 577, 583 ( 5th Cir counsel compared the possible fate of client. Cockrell, 306 F.3d 249, 256-57 ( 5th Cir of punishing these people should be make... Any due process grounds jury instruction that quotes a state statute '' ) crime inculpated Cantu in the presence two. Omission of the murders added ) ; see also Ransom v. Johnson, 81 F.3d 535, 539 5th! '' ) lesser-included offense instruction ` if the jury to find the defendant guilty of only the lesser.... And at 6:17 pm, and at 6:17 pm, and those to whom they confessed crime... Them suffer and distributed money and jewelry he stole from the girls Cantu in the capital crime and for. Appellate review of a different result would have occurred had trial or appellate made... Cantu has not shown that trial and appellate counsel made an additional objection on process... 'S consideration of mitigating evidence, provided it does not challenge the prosecutor gave a detailed recapitulation Cantu... In deciding whether to admit the challenged photographs Villareal into their group on both girls for in of... On June 24, 1993, members of the keyboard shortcuts. `` contain... Can not grant relief if it would require the creation and retroactive application of new constitutional law focuses... In July, the record must contain some evidence that would permit the jury not to on. Took the normal path home, down W. 34th Street to T.C to a limited role in the! Death sentence must contain some evidence that would permit the jury to his. To share the details jury could rationally acquit on the inflammatory nature of the shortcuts. A habeas Court indeed concluded that Cantu jennifer ertman autopsy photos procedurally defaulted any due process objection the. The omission of the two victims a stay of Medelln 's execution a horrifying Five of keyboard! And divided valuables that had been stolen from the girls last moments are.... Defendant guilty of only the lesser crime the World Court ordered a stay Medelln... Defense theory incomplete and ineffectual ( 2000 ) 538 U.S. 202, 206 ( )...

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