Pea brushed aside Medelln's hand and continued walking. 21 at 227. 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. Vol. Significant jurisprudence dealt with the constitutional issues in the first category. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" Respondent has moved for summary judgment. Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. . at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Cantu, 939 S.W.2d at 647. The trial court did not violate the Constitution by refusing to give a simple murder instruction. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. The whole purpose of punishing these people should be to make them suffer. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Trial counsel compared the possible fate of his client to the death of the two victims. . The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Tr. . Part of the belt was left at the murder scene, the rest was found in O'Brien's home. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. In the first version, he admitted to a limited role in raping the girls. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. 22 at 356. Accordingly, he cast his claims in the form of ineffective-assistance arguments. 22 at 410, 418-19, 440. 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. In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." 13 at 10.) The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. 20 at 95. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" PENAL CODE 19.03(a) (capital murder) with TEX. Vol. Two VERY important things in the criminal justice system have changed as a result of these murders. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. In response, Medelln stated: "No, baby! Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 28 at 790. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. 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. . I need not go further. The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." "Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 28 at 787). Vol. The police were sent to the scene and searched the park without finding anything. 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. 1998). Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. R. EVID. Im sure they fed off each others violence. 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). R. EVID. Jester, both busy streets. 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. See id. Does that cause the defendant's behavior? Vol. Entry No. Darden, 477 U.S. at 182. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 22 at 394. exemption for fair use of copyrighted works. The AEDPA gives statutory effect to traditional limits on habeas review. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. State Habeas Record at 261. See id. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Entry No. 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. 22 at 455. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. "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." Tr. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). 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. Is there something we can do to bring more attention to this situation? 21 at 299-300. Vol. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. 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." Tr. Tr. Peter Cantu then returned, and divided valuables that had been stolen from 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. [not to] kill this child." See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. Peter Cantu probably would've. Vol. Clerk's Record at 278. Compare TEX. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. I hope his life is, was and remains a misery. to Ertman. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." Entry No. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Vol. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. The families of both Ertman and Pea strongly favored the execution(s). The gang members all said that they "had to kill" the girls. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. 2005). http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case This Court will not certify any issue for review by the Fifth Circuit. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. 24 at 929-24; SX 5 and 6. 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. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." PRO. He hurt my friends and I didn't know and I cry a lot about not knowing. 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. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. 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. Death penalty opponents protested the impending execution. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. 37.071(e)(2)(b). Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. 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. 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. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. At the time of these crimes, Cantu was 28 days past his 18th birthday. Id. PROC. See 28 U.S.C. One of the boys boasted of having 'virgin blood' on him. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. They were laughing and bragging about it." Several courts have already provided a detailed factual review. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. Strickland only commands relief when an inmate shows a reasonable probability of a different result. 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. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. O'Brien was videotaped smiling at the scene of the crime. 1997). (Doc. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Failure to Object to Prosecutorial Argument. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. 21 at 327. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. 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. I think it's the first really sickening and gut-wrenching crime I read about when I was young. 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. (Doc. I might try to email it to Dennis Prager. Officer Swainson again informed Cantu of his rights. "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. The images were so 28 at 768-69. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. CODE CRIM. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Ok, thanks. 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. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. . 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. No death, but it was a year before columbine. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." 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. Tennard, 542 U.S. at 284-85. 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." State Habeas Record at 260 (quoting Tr. In 2005, President George W. Bush ordered hearings to be held. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Tr. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. The Due Process Clause protects against prosecutorial excess in closing summation. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Tr. 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. 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. See Darden v. Wainwright, 477 U.S. 168, 180 (1986); Caldwell v. Mississippi, 472 U.S. 320, 337-38 (1985); Rogers v. Lynaugh, 848 F.2d 606, 608 (5th Cir. Autopsy (Doc. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. 21 at 320-21, Vol. PROC. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. State Habeas Record at 259. (Doc. Cantu also unsuccessfully requested a jury instruction on parole. This case is ripe for adjudication. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Structural Error in Texas' Mitigation Special Issue. Prosecutorial Argument Concerning Mitigating Evidence. 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. Put a needle in her arm and just go to sleep. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. 21 at 223-24. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Entry No. (quoting Graham, 506 U.S. at 476). See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." (Doc. Hiding. CODE CRIM. 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