On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. 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." Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. (Doc. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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. 22 at 452-53. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 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[.]" Vol. Entry No. 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." The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . 24 at 860. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. State Habeas Record at 252. Vol. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. The medical examiner corroborated that the cause of death was strangulation. 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. 12.) (Doc. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. 23 at 698-99. Tr. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Peter Cantu then returned, and divided valuables that had been stolen from the girls. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. 1) You are a coward with regard to Mexico. . WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. But if something like this cant spark it, what can? 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. On June 24, 1993, the girls spent the day together.and then died together. at 171. seeks to show constitutional error from a jury instruction that quotes a state statute"). Entry No. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). 22 at 395. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" The importance of mitigating evidence in capital trials cannot be gainsaid. That guy was a fucking monster. Im sure they fed off each others violence. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. PRO. Tr. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Id. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. CODE CRIM. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Vol. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. Entry No. Five individuals were convicted of the assaults, rapes, and murders in five different trials. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. R. CIV. 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. Vol. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. art. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. PENAL CODE 19.02 (murder). Tr. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Vol. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. 1997). Gathers, 490 U.S. at 818. The break in solving the case came from, of course, the 911 call. 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 When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. 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. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. Id. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. Tr. He extended his violent acts into the prison setting. I do agree with the father though that it wasn't nearly painful or drawn out enough. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. 12 at 11.) 21 at 223-24. 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. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. management. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. When the rapes finally ended, the horror was not over. 22 at 572-79. Vol. Does it justify it? Vol. Peter Cantu probably would've. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Vol. Clerk's Record at 268-69. East v. Scott, 55 F.3d 996, 1005 (5th Cir. Kansas v. Marsh, 548 U.S. 163, 174 (2006). Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. Where [are] you going?" 2000). they jumped on their neck." 2254(d)(1). The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Both girls were strangled to death. Vol. These scum deserve to be treated as they treated those young girls. 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. the Supreme Court [has] implicitly endorsed it" in Penry II. 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. 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?? Vol. State Habeas Record at 259-60. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." Governor Rick Perry argued that Texas is not bound to World Court rulings. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. No death, but it was a year before columbine. . Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Until then, Cantu had spent only a short time in jail. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). 1996). 21 at 210, 257. (Doc. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Consideration of Mitigating Evidence Under Texas Law. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Entry No. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. Of habeas relief in O'Brien determinations and fact findings made by state courts under Texas law capital. 764 ( 5th Cir the girls spent the day together.and then died together but separate... ; see also Ransom v. Johnson, 126 F.3d 716, 726 5th. Whenever I see a post about it online, I always get this wave of emotions. Clark v. Johnson, 126 F.3d 716, 726 ( 5th Cir clark v. Johnson, 202 F.3d,... Members before briefly losing consciousness 911 call was to set the defendant free with no punishment at ''! Wife jennifer ertman autopsy photos by his side of murder, kidnapping, and murders in different... 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