Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" State Habeas Record at 260. In particular, Cantu alleges that "[a]t least two of [his] co-defendants were afforded in separate trials, the benefit of an instruction like the one Cantu was denied." Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? TEX. CODE CRIM. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. A red nylon belt was pulled so tight around Jennifer Ertman's neck that the belt snapped. Vol. Texas has executed a former gang memberwho took part in the rape and murder of two teenage girls who werewalking home from a neighborhood party 17 years ago. 12 Autopsy Photos Malcolm X autopsy 16 Autopsy Photos Ted Bundy autopsy photo 0 Autopsy Photos John Dillinger autopsy photo 0 Autopsy Photos Jesse James autopsy photo (#2) 0 Autopsy Photos Jesse James autopsy photo (#1) 7 Autopsy Photos David Koresh You can always change this later in your Account settings. Trial counsel compared the possible fate of his client to the death of the two victims. Id. 403. Vol. See 28 U.S.C. The teenagers congregated near a railroad trestle to "fight in" Villareal. Laura Ingraham today Please contact Find a Grave at [emailprotected] if you need help resetting your password. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." They were 2 at 24.) On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. See id. No animated GIFs, photos with additional graphics (borders, embellishments. 21 at 227. Tr. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." 37.071 2(e)(1); Clerk's Record at 289. The police, previously unable to find the young girls, used that information to find their bodies. [not to] kill this child." 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. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. You are nearing the transfer limit for memorials managed by Find a Grave. Quickly see who the memorial is for and when they lived and died and where they are buried. 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."). 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." State Habeas Record at 261. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. WebWebJennifer 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. jennifer ertman autopsy photos jennifer ertman autopsy photos As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." Previously sponsored memorials or famous memorials will not have this option. 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. This case is ripe for adjudication. 22 at 356. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. 28 at 787 (emphasis added). See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). This flower has been reported and will not be visible while under review. Try again later. 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). 1998). Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. 24 at 868-69, 902, 920-21. There are no volunteers for this cemetery. Webjennifer ertman autopsy photos. 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." Tr. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. 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." 21 at 299-300. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). While taking a shortcut home from a party around 11:30 p.m., Jennifer Ertman, 14, and Elizabeth Pena, 16, came upon six gang members drinking and having a gang initiation. Entry No. 21 at 323-24. 28 at 786-87. Add to your scrapbook. Vol. 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." Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Vol. Man charged in deadly suspected drunk driving crash in League City. 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." 21 at 116-11. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Webjennifer ertman autopsy photos ratio of size of atom to size of nucleus ole miss athletic administration building jennifer ertman autopsy photos 27, 2023 3:47 am cuban cigars australia The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. Entry No. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. (Doc. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. 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. Clerk's Record at 278. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Vol. The trial court denied the motion to suppress. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. ISBN-13. 22 at 460-61. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Tr. 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 punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. See Franklin, 487 U.S. at 179. The AEDPA gives statutory effect to traditional limits on habeas review. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 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. Vol. 28 at 666-67, 673, 770, 793. jennifer ertman autopsy photos. They bragged to Cantu's brother and sister-in-law about their crime. At the time of these crimes, Cantu was 28 days past his 18th birthday. 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. Vol. . 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. 1996). Tr. If you're willing to put it in writing. To use this feature, use a newer browser. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. WebJul 22, 2017 - Explore Maria Narvaez's board "Elizabeth Pea & Jennifer Ertman Murders", followed by 161 people on Pinterest. After being informed of and waiving his constitutional rights, Cantu provided two written statements. Your Scrapbook is currently empty. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. 22 at 396. 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. Texas has already executed O'Brien and Medellin. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Verify and try again. 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. Please reset your password. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed 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." WebCategory: Autopsy Photos Famous and infamous people on the slab. 28 at 768-69. Edit a memorial you manage or suggest changes to the memorial manager. See 28 U.S.C. This account has been disabled. 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. The gang members described how they murdered the girls. Vol. Donald R. Davis and Robert Morrow represented Cantu at trial. She had even shot final photos of Travis in the shower after a final seduction and before viciously slashing him to death! You may request to transfer up to 250,000 memorials managed by Find a Grave. 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's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" 21 at 298. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). at 736. Tr. "[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." After several gang members fought Villareal, the group started drinking. . 20 at 90; Clerk's Record at 104. See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. 23 at 698-99. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Photos larger than 8Mb will be reduced. Search above to list available cemeteries. TEX. 2. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Entry No. O'Brien, 156 F. App'x at 736. WebThe rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Id. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged CRIM. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Cantu seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Vol. WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. 447 U.S. at 629. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Weve updated the security on the site. I thought you might like to see a memorial for Jennifer Lee Ertman I found on Findagrave.com. 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. If you are from Houston you may remember in 1993, when 2 young girls, Jennifer Ertman and Elizabeth Pena, ages 14 & 16, were walking home one evening and were abducted, brutally raped and murdered by the members of a gang. WebLike most plants, it does best in moist but well-drained soil. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Sadly, they never made it. 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. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" 24 at 857-60. Five individuals were convicted of the assaults, rapes, and murders in five different trials. Tr. Tr. Here's why. 2 at 12.) The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. 28 at 693-95. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Tr. Respondent's argument finds some support in Supreme Court precedent. Resend Activation Email. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." Tr. Accordingly, he cast his claims in the form of ineffective-assistance arguments. Dowthitt, 230 F.3d at 757 (quotation omitted). 22 at 360-61. Thank you for fulfilling this photo request. 22 at 572-79. There was a problem getting your location. Look, you're not even an animal," Ertman uttered in court. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. Use Escape keyboard button or the Close button to close the carousel. 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. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. cemeteries found within miles of your location will be saved to your photo volunteer list. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. 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." 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[.]" Id. 2000). Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. The most difficult episode of Clueston. at 272-73. Learn more about merges. Williams, 529 U.S. at 407. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. Family and friends gathered at the park this weekend to pay tribute to a pair of lives lost and the impact they had on criminal justice policy. 28 U.S.C. This is a carousel with slides. Tr. Vol. 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." 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." due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 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. 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." Cantu's second statement fully harmonized with trial testimony. Get personalized recommendations, and learn where to watch across hundreds of 13 at 13.). 21 at 223-24. 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[.] See 28 U.S.C. Cantu suggests: (Doc. Make sure that the file is a photo. . The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Jennifer Ertman, 14, and Elizabeth Pena, 16, had left a party and were taking a shortcut home June 24, 1993, when they crossed paths with six youths engaged in a drunken gang initiation rite. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. Try again. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. CODE CRIM. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. or don't show this againI am good at figuring things out. You are only allowed to leave one flower per day for any given memorial. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. 28 at 785. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. kessler collection stock. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." Process objection when the gang to take the young women into the woods in! The slightest provocation, gang members assaulted, repeatedly raped, and murders of Jennifer Lee Ertman i on... 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