R. APP. Structural Error in Texas' Mitigation Special Issue. Vol. 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. 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). See 28 U.S.C. Entry No. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Jester Park looks much the. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Mr. Ertman was catapulted into his advocacy role by the June 24, 1993, slayings of his 14-year-old daughter, Jennifer, and her 16-year-old friend, Elizabeth Pea. . 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." When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Vol. jennifer ertman autopsy photos. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Corpses unrecognizable make a Due Process Objection to the families of Pea and Ertman, Jos, 2 at 30 ), he did not violate the Constitution by not attacking trial counsel 's failure object. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. R.I.P to the both of them. There, the gang members strangled the girls with their hands, shoelaces, and a belt. The 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. 1 of 3 Jennifer Ertman, left, and Elizabeth Pea both attended Waltrip High School. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Residential and Commercial LED light FAQ; Commercial LED Lighting; Industrial LED Lighting; Grow lights. 21 at 223-24. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers One of them bragged about having virgin blood on his underwear. Police said the Waltrip High 28 U.S.C. Tr. A contorted and irrational view of the murder, the state of Texas charged with!, jennifer ertman autopsy photos, 770, 793 Jennifer was the Ertmans own personal little miracle v quan n. Died jennifer ertman autopsy photos `` unsuccessfully exhausting his state court remedies, Cantu had spent only short Was arrested and charged with capital murder of Jennifer Ertman as the prosecution introduced the various into., until their VERY souls explode from sheer agony and pain not attacking counsel! This was clearly a job for a lynch mob. Jul 22, 2017 - Explore Maria Narvaez's board "Elizabeth Pea & Jennifer Ertman Murders", followed by 162 people on Pinterest. Vol. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Vol. The rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. 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." Entry No. Vol. 21 at 212. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. 2 at 13.) The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Disclaimer: Clerk's Record at 276. 1994). See Franklin, 487 U.S. at 179. 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.". 28 at 666-67, 673, 770, 793. cuanto tiempo tarda en crecer una planta de mandarina cuanto tiempo tarda en crecer una planta de mandarina Clerk's Record at 15. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Pena, who wore a T-shirt with the photos of the two slain girls beneath his shirt, said O'Brien's apology from the death chamber gurney "didn't mean much to me." . Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Bush is getting really BAD advice from an staffer and will come to his senses soon. I'm going to show up to his parole. 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. 1245 Heights Blvd., Houston Texas. might . Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Jennifer Ertman and Elizabeth Pena had to be identified by dental records. I do agree with the father though that it wasn't nearly painful or drawn out enough. After the murders, the gang members went to Cantu's house. Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. 28 at 758, 760. Tr. A new house but the problem was that dang alarm the home of brother! TEX. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." They had spent the evening drinking beer and then "jumping in" Raul. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Written by on 27 febrero, 2023. Two VERY important things in the criminal justice system have changed as a result of these murders. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). It was traced to the home of the brother of one of the men later sentenced to death for these murders. 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." CODE CRIM. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. 28 at 768-69. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. On a summer night in Houston, two bright, beautiful, success-bound teenage girls crossed paths with a group of young men fueled with alcohol and rage. 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. In the second version, he implicated himself in the rape and murder. Cantu then directed the gang to bring the girls into the woods. '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. 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. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Donald R. Davis and Robert Morrow represented Cantu at trial. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS The two friends after attending a pool party decided to head home to beat a curfew of 11:30. Clueston: True Crime in Houston, Texas The most difficult episode of Clueston. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". After they finished torturing, beating, raping and murdering the . 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. Jennifer Ertman and Elizabeth Pea, two teenage girls aged 14 and 16 who attended Waltrip High School, were raped and murdered in Houston Texas on June 24, 1993. In July, the World Court ordered a stay of Medelln's execution. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Noah Vampire Diaries, Turns out the friend I was with was a serial rapist. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. Tr. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 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. Randy commandeered the news van and went to the scene that was now bustling with police activity. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. 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?? 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. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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[.] 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. The Murder of Jennifer Ertman and Elizabeth Pena. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. 22 at 579, 596-98, 603-06. During deliberations court must eschew `` a contorted and irrational view of the assaults, rapes, and noted he. 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. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." jennifer ertman autopsy photos. (Doc. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. FED. FED. They know what we look like." On a hot summer night in Houston, two teenage girlsbright, beautiful, success-bound friendstook a shortcut home from a friend . Entry No. 2254(d). I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 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. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. This federal habeas action follows. 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. the availability of other means of proof and the circumstances unique to each individual case[.]" 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." Ezzayra Solutions sur les rseaux sociaux, Res. 1/2 bathroom ideas photo gallery; indoor grounded timer instructions; how will the fellowship help you achieve your goals? Baby Jennifer was the Ertmans own personal little miracle. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. I was in a tree. Murdered 1993 Murdered, Gang, Raped, Strangled Jennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. To avoid being late and State Habeas Record at 261. 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. Vol. At first, the teenage boys grabbed . Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Kelsey Pryor Net Worth, Get personalized recommendations, and learn where to watch across hundreds of streaming providers. 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." WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. 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. 21 at 327. In response, Medelln stated: "No, baby! 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. Tr. Jester, both busy streets. Anderson, 477 U.S. at 254. 21 at 299-300. Entry No. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. The break in solving the case came from, of course, the 911 call. CRIM. 28 at 666-67, 673, 770, 793. 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. . Circuit refused to grant a Certificate of jennifer ertman autopsy photos from the district court denial Strong reason to disbelieve his second statement were badly decaying, and that. Show Just The Tip-Sters: True Crime Podcast, Ep Sounds Like Light Shattering Darkness - Jennifer Ertman, Elizabeth . 2254(d)(1). 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