This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Vol. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Cantu raises two claims related to the jury's consideration of his mitigation defense. 28 at 785. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. . Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 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." I was in Menlo park in during a huge gang fight. State Habeas Record at 260. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. 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. He then apologized to his own family before he was executed by lethal injection. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." Autopsy Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. 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. at 825. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. C.E. . This federal habeas action follows. Vol. Ramdass, 530 U.S. at 169 (emphasis added). Vol. Jester, both busy streets. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. 1) You are a coward with regard to Mexico. 21 at 223-24. The State concluded its case by publishing the second statement to the jury. . Tr. "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. CODE CRIM. 21 at 311. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. 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. Vol. Strickland, 466 U.S. at 700. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. 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." A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 3) Your have handed the Presidency to Hillary Clinton. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. There, the gang members strangled the girls with their hands, shoelaces, and a belt. art. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. Corey Mitchell's book "Pure Murder," which details the 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. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. 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[.]" Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. I think it's the first really sickening and gut-wrenching crime I read about when I was young. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 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." 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. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. (Doc. Entry No. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993.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.. Where [are] you going?" Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Tr. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Like 4 of us climbed a tree. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Vol. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 2000). Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. Tr. Tr. 28 at 758, 760. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Clerk's Record at 15. Gang rapists/murderers are a special kind of sub species of vermin. In the first version, he admitted to a limited role in raping the girls. 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. Cantu does not challenge the prosecutor's statements as a separate due process challenge. at 171. 22 at 452-53. "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." In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. 2003); Medellin v. Cockrell, No. The Clerk will provide a copy to the parties. Vol. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. 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. Texas, Houston Division. "[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 families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. 1999) ("Relief based on Simmons is foreclosed by Teague."). When the rapes finally ended, the horror was not over. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." This case is ripe for adjudication. 12 at 11.) The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. 22 at 396. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. 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 Xin cm n qu v quan tm n cng ty chng ti. See Franklin, 487 U.S. at 179. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Id. CODE CRIM. 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. art. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. 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. 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. PRO. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. State Habeas Record at 259. Vol. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. 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.". Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? 13 at 13.). 22 at 356. Vol. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate That guy was a fucking monster. Tr. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. the availability of other means of proof and the circumstances unique to each individual case[.]" Strickland v. Washington, 466 U.S. 668, 686 (1984). 1997). Trial counsel compared the possible fate of his client to the death of the two victims. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Tr. I assume that's why it's left such a strong impact on me. Rule 22(b). The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. 21 at 320-21, Vol. Mar. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Both then completed the act by strangling the girl with a shoelace in Pea's presence. Consideration of Mitigating Evidence Under Texas Law. See TEX. seeks to show constitutional error from a jury instruction that quotes a state statute"). Who provided the details? See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 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. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Id. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. F-me, these stories get uglier and sadder every day. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. 3. 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.". I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. art. This location was approximately one mile from Pea's home. Dad is very angry because when President Bush was Governor he shook this mans hand and said these whatever in the hell these creatures are would be executed. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Prosecutorial Argument Concerning Mitigating Evidence. Clear, binding precedent forecloses relief on Cantu's claims. 1996) (quotation omitted). 1999)). Significant jurisprudence dealt with the constitutional issues in the first category. 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." 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. 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