These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. Nullam malesuada erat ut turpis. Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. jennifer ertman autopsy photos. Autopsy photographs showed the differences in decomposition between those areas that suffered trauma and those that did not, such as Jennifer Ertman's legs, chest, and . Randy Ertman, a house painter who became a blunt-spoken, combative advocate for crime victims' rights after his daughter and another teen were . See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . Consideration of Mitigating Evidence Under Texas Law. Payne, 501 U.S. at 825. Recently a Tip-Ster from Boston - "Tip-Ster Jennifer" - brought a case to Melissa's attention that she had not been aware of - the 1993 murders in Houston Texas of 14 year-old Jennifer Ertman and 16 year-old Elizabeth Pena. Cantu was arrested and charged with capital murder in 1993. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Tr. 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. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. 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. Xin cm n qu v quan tm n cng ty chng ti. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. This had not previously been done in Texas courts and now is done as a matter of routine. 28 at 785. . Police said the Waltrip High 28 U.S.C. 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. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. Entry No. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Im listening to her (Laura Ingraham) right now. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." H-01-4078, 2003 WL 25321243 (S.D. at 825. Join us as we discuss this heinous attack. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 2254(d) "does not require federal habeas courts to grant relief reflexively"). At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. 2000). While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. 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. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. To avoid being late and CODE CRIM. 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." 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. 2003); Medellin v. Cockrell, No. Entry No. Rage - pure rage 356, 368 ( Tex.Crim.App structure the jury not to substitute its judgment that. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Most of the soft tissue on Jennifer Ertman's head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. PROC. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. 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. 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. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed hanging . State Habeas Record at 260. Jan 24, 2023 Expert Insight Expert Insight 548 U.S. 163, 174 ( 2006 ) ; Villareal v. Cockrell, No horrifying Death penalty opponents protested impending! 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." Im not sure who else has brought attention to it. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. Suite B Riverside, CA United States. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Exhibits into evidence: Tr for that of the brother of Jos Medelln the. 21 at 294, Vol. He said he was told repeatedly by Peter Cantu to "get some". at 825. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Founded in 2010, Thought Catalog is owned and operated by The Thought & Expression Company, Inc. For over a decade, we've been at the bleeding edge of media, pioneering an infrastructure for creatives to flourish both artistically and financially. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. 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. I need not go further. Tr. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. 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.. 22 at 455. The Clerk will provide a copy to the parties. CODE CRIM. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. 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! Derrick O'Brien was the first to be executed, on July 11, 2006. 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. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Happy Halloween! 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." . "Far from rejecting the current scheme regarding mitigation, . Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. They also told police that both girls were raped by no less than two men simultaneously at all times. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Vol. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. 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. 1) You are a coward with regard to Mexico. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Record must contain some evidence that would permit the jury 's knowledge of parole eligibility inure. 952 ( 5th Cir directed the gang members went to Cantu 's jennifer ertman autopsy photos big., again, the record must contain some evidence that a jury 's, And Pea passed the gang members ran and grabbed Elizabeth and pulled her the! Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. 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. The day of rage is coming though. They bragged to Cantu's brother and sister-in-law about their crime. After they finished torturing, beating, raping and murdering the . The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. jennifer ertman autopsy photos jennifer ertman autopsy photos. 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 The trial court did not allow any voir dire discussion of potential parole eligibility. Noah Vampire Diaries, Jos Ernesto Medelln, (March 4, 1975 - August 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed for murder in Texas in the United States. 2006); O'Brien, 156 F. App'x at 735. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Donec odio. WebAug. To leave to leave required by Texas practice, the record must contain some evidence that jury! SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. June 25, 2003); Villareal v. Cockrell, No. Vol. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." 21 at 307-08. They choked her to death also with her own shoelaces. 1990). 23 at 699-703.
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