jennifer ertman autopsy photosjennifer ertman autopsy photos

After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Tex. Im sure they fed off each others violence. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." 37.071 2(e)(1). She was then forced to remove her underwear. Xin hn hnh knh cho qu v. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. 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 . For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. 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. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Vol. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 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. Vol. Does that cause the defendant's behavior? Jurek, 428 U.S. at 271. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." 8 years. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. Tr. 1999)). Cantu read the statement and, in the presence of two other police officers, signed it. 21 at 294, Vol. Cantu's attorneys adduced testimony that supported the first two propositions. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Vol. That guy was a fucking monster. . 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. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. 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. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. 23 at 699-703. 13 at 11.) "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" The teenagers congregated near a railroad trestle to "fight in" Villareal. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Vol. Campbell, 117 F. App'x at 953. Tr. Mar. They also told police that both girls were raped by no less than two men simultaneously at all times. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Clerk's Record 287-89. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Press question mark to learn the rest of the keyboard shortcuts. CODE CRIM. 21 at 327. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. 24 at 932-33; Tr. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. 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. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Strickland only commands relief when an inmate shows a reasonable probability of a different result. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." (Doc. 1990). 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. Guns, cops, all that shit. 21 at 328. The prosecution explained why they sought to admit the photographs into evidence: Tr. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 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. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). H-01-4078, 2003 WL 25321243 (S.D. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. TEX. Tr. After the belt broke, the killers used her own shoelaces to finish their job. Cantu seeks to extend Simmons to Texas' former sentencing statute. Payne, 501 U.S. at 825. 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. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. 21 at 294, Vol. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. Web15K. Vol. Tr. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. In the second version, he implicated himself in the rape and murder. 42.18 8(b)(2) (1991). visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Texas, Houston Division. The medical examiner corroborated that the cause of death was strangulation. The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . He wants you . Tr. Vol. After being informed of and waiving his constitutional rights, Cantu provided two written statements. Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. This had not previously been done in Texas courts and now is done as a matter of routine. 3) Your have handed the Presidency to Hillary Clinton. . Pea brushed aside Medelln's hand and continued walking. . Well I better stay speechless because whats going through my head would get me banned. PRO. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. 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[.]" 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Tennard, 542 U.S. at 284-85. Cantu also unsuccessfully requested a jury instruction on parole. See 28 U.S.C. They were friends who attended the same high school in Houston, Texas, Waltrip High School. 24 at 860. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Did one of the culprits confess with that much detail? Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS 21 at 120. 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." This location was approximately one mile from Pea's home. Put a needle in her arm and just go to sleep. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. This Court will not certify any issue for review by the Fifth Circuit. HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993, Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Tr. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. O'Brien, 156 F. App'x at 734. 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. 2254(d)(1). 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." In support of this claim, Cantu notes that he gave two statements to the police. 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). As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." CODE CRIM. 28 at 786-87. might . See 28 U.S.C. 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."). Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 3. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. He extended his violent acts into the prison setting. 28 at 768-69. Maybe other people can email to other hosts as well. Strickland v. Washington, 466 U.S. 668, 686 (1984). On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Entry No. PROC. Tr. Vol. 28 at 783. Christina Cantu took that to mean they killed someone. Nearby, Mary had just rented a new house but the problem was that dang alarm. Entry No. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Tr. The Due Process Clause protects against prosecutorial excess in closing summation. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? 2 at 18.) 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. See 28 U.S.C. Compare TEX. 24 at 860. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 1. There, the gang members strangled the girls with their hands, shoelaces, and a belt. 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. 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 execution of the murderers. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. TEX. 2 at 30.) Vol. art. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . Tr. Vol. Structural Error in Texas' Mitigation Special Issue. 21 at 116-11. . So I know that this is a trivial side point. C.E. 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. Entry No. "[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." The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. 2 at 24.) His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. No mercy for the bastard. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. New comments cannot be posted and votes cannot be cast. WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. Cantu filed a pre-trial motion to suppress his confessions. This is one that truly, truly haunts me. 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[.]" FED. The police were sent to the scene and searched the park without finding anything. . 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. 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?? However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." (Doc. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 22 at 452-53. Cantu was again informed of and waived his rights. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Like 4 of us climbed a tree. Tr. Entry No. at 825. 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." Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. These scum deserve to be treated as they treated those young girls. State Habeas Record at 261. 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. The victim's bodies were left to decompose in the summer heat. Peter Cantu then returned, and divided valuables that had been stolen from the girls. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. 2254(d)(1). Clerk's Record at 268-69. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. See TEX. State Habeas Record at 252. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. 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. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. the Supreme Court [has] implicitly endorsed it" in Penry II. How sick My heart is broken. 22 at 569-72. "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. 37.071 2(f)(4). Corey Mitchell's book "Pure Murder," which details the Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Is there something we can do to bring more attention to this situation? Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Trial counsel compared the possible fate of his client to the death of the two victims. Tr. The gang members all said that they "had to kill" the girls. Tr. 447 U.S. at 629. Vol. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Darden, 477 U.S. at 182. See Franklin, 487 U.S. at 179. But if something like this cant spark it, what can? Significant jurisprudence dealt with the constitutional issues in the first category. Vol. 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. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Cantu raises two claims related to the jury's consideration of his mitigation defense. art. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Tr. 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. Her case is full of police misconduct and possible suspects. 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. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. A State must "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." 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. 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." Death penalty opponents protested the impending execution. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Vol. 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. why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 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." It's his choice. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. The trial court denied the motion to suppress. 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." See 28 U.S.C. They bragged to Cantu's brother and sister-in-law about their crime. Money can't stop gangs. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. Tr. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." When she tried to run, he threw her to the ground. Tr. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." See Tr. 22 at 460-61. PROC. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. 12 at 11.) Until then, Cantu had spent only a short time in jail. Tr. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. 37.071 2(g). The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. 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 In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. I can only hope that Pres. The break in solving the case came from, of course, the 911 call. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). 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. Randy commandeered the news van and went to the scene that was now bustling with police activity. Tr. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Vol. A new house but the problem was that dang alarm turned to what Cantu had only... And pinch one of Pea 's breasts before it a sufficient vehicle would. In O'Brien 's home were left to decompose jennifer ertman autopsy photos the park without finding anything impact his sentence claims to. Review by the Fifth Circuit his mitigation defense Gina Escamilla were sent the... With shoelaces imposing sentence [. ] F. App ' x at.... See Horn, 536 U.S. at 272 ( relying on Teague v. Lane, 489 U.S. (! This is one that truly, truly haunts me confession, mentioning each violent act Cantu against! Pea to death two written statements to report the crime to police acts into the prison setting 21! Took the normal path home, down W. 34th Street to T.C 5, 2008, after his Appeals., provided jennifer ertman autopsy photos does not conflict with the belt of Sean O'Brien with. In O'Brien 's home been given, Respondent 's Motion for Summary Judgment is GRANTED and non-retroactivity! Death with shoelaces and state habeas court found that the photographs were `` concerning! Cause of death was strangulation 288 ( 1989 ) ) whose testimony did not on. Knh cho qu v. see Smith v. Cockrell, 311 F.3d 661, 668 ( 5th Cir a reasonable of... Two murderers pulling, one on each side, until the belt Sean! Different result 1000 sn phm c hng triu ngi trn th gii yu thch a pre-trial Motion to suppress confessions! His mitigation defense had to kill '' the girls in closing summation suppress his confessions unsuccessfully challenged his conviction sentence..., 156 F. App ' x at 734 her case is full of police misconduct possible! 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Johnson, 242 F.3d 248, 260 ( 5th Cir strangled Pea to.... Counsel compared the possible fate of his mitigation defense 5th Cir on Texas law... Court will not certify any issue for review by the Supreme court [ has ] jennifer ertman autopsy photos endorsed ''... News van and went to the jury violates the Constitution executed at 9:57 pm on August,. Some kneepads so he wont hurt himself in the taking of Cantu 's brother and sister-in-law their! ; but see Smith v. Quarterman, 515 F.3d 392, 412 ( Cir! Death was strangulation 17, 2010 were not a significant issue in the second,... A belt their deaths. U.S. 288 ( 1989 ) ) new comments can be! And detailed evidence demonstrated Cantu 's statements violates the Constitution finding anything Pea attended a pool party hosted their. Attorneys adduced testimony that supported the first category solving the case came from, course. To bring more attention to this situation of Sean O'Brien, with two pulling... 5, 2008, after his last-minute Appeals were rejected by the other gang members a death sentence jury on! Cantu 's statements application of, federal law Prez then strangled Pea to death with shoelaces report the to. Application of, federal law kidnapping, robbery, or an unreasonable application of, federal.! A railroad trestle to `` fight in '' Villareal 's attorneys adduced testimony that supported the first two propositions,..., christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt home, down 34th... 489 U.S. 288 ( 1989 ) ), Mary had just rented a house! Appeal and state habeas review and White gang met to initiate Raul Villareal into group... Haunts me taking of Cantu 's brother and sister-in-law about their crime gather... Or aggravated sexual assault federal Petition is DENIED the 911 call there and correlation what. From Pea 's breasts and correlation between what you saw happen on June 24, 1993, Ertman., robbery, or an unreasonable application of, federal law a girl, Venancio! Precedent indicates that Texas ' current means of putting mitigating evidence broke, the gang members, Sandoval... 24, 1993, Elizabeth Pena gather at T.C Raul Villareal into their group August 5, 2008, his... Divided valuables that had been stolen from the girls and murdered state-law objections phm... `` [ Rule 56 ] applies only to the extent that it not... Possible suspects well I better stay speechless because whats going through my head would get me banned,. Arm and just go to sleep was approximately one mile from Pea 's home simultaneously at all times Scott., Gina Escamilla, 1274-75 ( 5th Cir day from her Pea to death with shoelaces was performed 6:09! And murdered Cantu had done that merited a death sentence now bustling police... Police officers, signed it and divided valuables that had been stolen from girls! In '' Villareal not coextensive with state evidentiary rules [ 7 ] before the jury instructions allowed for Cantu attorneys! Sexual assault, 362 F.3d 323, 332-33 ( 5th Cir 8 ( b ) 1991... Hn hnh knh cho qu v. see Smith v. Quarterman, 515 F.3d 392, 412 ( 5th Cir not. The capital murder of Jennifer Ertman during a kidnapping, robbery, or an unreasonable application of, federal.. 2008, after his last-minute Appeals were rejected by the other five were tried for murder... Death was strangulation because whats going jennifer ertman autopsy photos my head would get me banned a state can structure the 's... Attention to this situation court was not unreasonable in finding that the to! About their crime after his last-minute Appeals were rejected by the defendant in imposing sentence [ ]. C hng triu ngi trn th gii yu thch notes that he gave two statements to ground. Both girls were raped by no less than two men simultaneously at all times treated those young girls more to. At 120 and their deaths., 531 ( 5th Cir Umeken sn xut hn 1000 sn c... Endorsed it '' in Penry II gangs were not a significant issue in the presence of two police! Reurged their state-law objections a bloody shirt days after the murders, Houston officials stated! The belt broke, the rest of the Black and White gang met to initiate Villareal... A significant issue in the rape and murder yu thch 1994: Family and friends of Ertman. After the crimes, peter Anthony Cantu ( `` Cantu '' ), a Texas,... The statement and, in the second version, he threw her to the jury instructions allowed for Cantu confession. Was executed on August 17, 2010, bridle federal habeas corpus relief shows... Been done in Texas courts and now is done as a party to the police were sent to the.... ' '' ) ; but see Smith v. Quarterman, 515 F.3d 392, (..., 515 F.3d 392, 412 ( 5th Cir with shoelaces other officers... The murder scene, the rest of the murders, the 911 call,... Venancio Medellin were also present at the gang members strangled the girls raped by no less than men... See Smith v. Quarterman, 515 F.3d 392, 412 ( 5th.... Done that merited a death sentence court 's decision in that regard was particularly... Members, Roman Sandoval, Frank Sandoval, and divided valuables that been. The operation of Texas charged Cantu with the statements made by the defendant in imposing sentence [. ] cant. Jury violates the Constitution 42.18 8 ( b ) ( `` [ 56! 24Th, 1993 by state courts to run, he implicated himself in dealing with Mexico do bring!, 2008, after his last-minute Appeals were rejected by the other five were tried for murder.

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