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. They were laughing and bragging about it." http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case The state court overruled the defense objection to most of the material. Tr. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. I believe only non violent offenders are capable of and deserving of rehabilitation. It was traced to the home of the brother of one of the men later sentenced to death for these murders. 20 at 90; Clerk's Record at 104. CODE CRIM. Ertman died Sunday August 17th at home with his wife Sandy by his side. Vol. See 28 U.S.C. Vol. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). 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. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. 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 28 U.S.C. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Entry No. Tr. The importance of mitigating evidence in capital trials cannot be gainsaid. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Like 4 of us climbed a tree. "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." 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. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. See id. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." 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. Respondent has moved for summary judgment. Hiding. 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. . 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Death penalty opponents protested the impending execution. Pea brushed aside Medelln's hand and continued walking. Tr. Tr. 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. Clerk's Record at 278-79. Tr. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 21 at 294, Vol. 28 at 768-69. After the murders, the gang members went to Cantu's house. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. This is no job for the criminal justice system. 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 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." '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Put a needle in her arm and just go to sleep. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Vol. 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[.]" "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.'" I hope his life is, was and remains a misery. The gang members described how they murdered the girls. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. . art. Christina Cantu took that to mean they killed someone. 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. "[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." He is not an eighteen year old child that didn't know what he was doing." 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." 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. 1991). 21 at 327. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" You are right about Bush, however I believe further that we have been duped by the GOP. Respondent's argument finds some support in Supreme Court precedent. 24 at 929-24; SX 5 and 6. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 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. Tr. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Vol. Entry No. PROC. Vol. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. at 825. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. 24 at 857-60. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". On June 24, 1993, the girls spent the day together.and then died together. 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. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. The AEDPA gives statutory effect to traditional limits on habeas review. Tr. The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. 21 at 294, Vol. "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." Turns out the friend I was with was a serial rapist. The day of rage is coming though. 1996) (quotation omitted). New comments cannot be posted and votes cannot be cast. Vol. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. at 736. The details in this description of the girls last moments are brutal. 1996). The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. This had not previously been done in Texas courts and now is done as a matter of routine. Venancio received a 40-year prison sentence. 23 at 699-700. C.E. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. The trial court refused to provide the jury with the requested instructions. 21 at 116-11. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 24 at 942. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. Vol. management. Vol. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. TEX. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. The 2008 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. I was 15. Failure to Object to Prosecutorial Argument. 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 . Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and then passing through T.C. Campbell, 117 F. App'x at 953. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. 2 at 30), he did not make those arguments before the jury. 28 U.S.C. Vol. They bragged to Cantu's brother and sister-in-law about their crime. 37.071(e)(2)(b) (Vernon 2002). 28 at 790. Cantu himself escorted Ms. Ertman into the woods. 1999)). Venancio Medellin has been denied parole five times, most recently in November 2020. Jester Park at White Oak bayou. This one has always stuck with me, to an insane degree. . For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. R.I.P to the both of them. 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