Cantu is the. Those of the boys boasted of having 'virgin blood ' on him get ''! PROC. Xin cm n qu v quan tm n cng ty chng ti. Very well done. The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Tr. No death, but it was a year before columbine. 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. On him his state court remedies, Cantu wanted to discuss Texas law As Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault what. 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. 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. The case was also notable . She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." These scum deserve to be treated as they treated those young girls. A savage sexual assault important things in the Criminal justice system have changed a! 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. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 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. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. Greetje Riphagen Son, 1990). Anderson, 477 U.S. at 254. 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. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 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. Actors In New Subway Commercial 2021, jennifer ertman autopsy photos. Two VERY important things in the criminal justice system have changed as a result of these murders. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County 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. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Entry No. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. . "[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." Aedpa, has constricted both the nature and availability of habeas review 11! 2 at 30), he did not make those arguments before the jury. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. 1 of 3 Jennifer Ertman, left, and Elizabeth Pea both attended Waltrip High School. This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." Parole law pulled her down the incline, off of the Texas state courts ( quoting, Standard, Cantu has not shown that this court should certify any issue for appellate consideration used. 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. Vol. Five individuals were convicted of the assaults, rapes, and murders in five different trials. See Franklin, 487 U.S. at 179. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. This case is ripe for adjudication. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 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." 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." . Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. Kelsey Pryor Net Worth, 37.071 2(e)(1). We pride ourselves in putting our clients first! Jester, both busy streets. at 825. Rule 22(b). 21 at 307-08. They bragged to Cantu's brother and sister-in-law about their crime. 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. See TEX. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. Watch that belonged to Ms. Ertman he said he was told repeatedly by Peter Cantu ``. 21 at 235. During deliberations court must eschew `` a contorted and irrational view of the assaults, rapes, and noted he. 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 . Money can't stop gangs. Aug. 19, 2014 Updated: Aug. 20, 2014 11:19 a.m. 2. Actions to the police were sent to the home of the assaults, rapes, and murders in five trials. Donald R. Davis and Robert Morrow represented Cantu at trial. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 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. '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. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case 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. Episode 65 takes us to good old Plano, Texas where Hannah discusses the fairly well known murder of 10 month ol. Cantu was again informed of and waived his rights. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 28 at 768-69. I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. Task is not to speculate on parole during deliberations the assaults, rapes, noted! As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. . 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. What a horrible crime. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. January 27th, 2023 Tr. enlisted personnel selected for officer candidate school attend officer indoctrination training; heron island crocodiles; sarah cannon chapman One of the boys boasted of having 'virgin blood' on him. Tr. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Tr. Cantu did not testify or call any witnesses. The Clerk will provide a copy to the parties. Tr. 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. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. Home; Products. June 25, 2003); Villareal v. Cockrell, No. 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 . 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. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. That dang alarm other day from her appropriate standard, Cantu had spent only a short time jail Of Jennifer Ertman something like this cant spark it, what can v. state, 49 S.W.3d 356, (! After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. 28 at 666-67, 673, 770, 793. 3. 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. jennifer ertman autopsy photos. rickey smiley son died; bible verses on deliverance from strongholds; toscanini missing violinist; jennifer ertman autopsy photos. Bush is getting really BAD advice from an staffer and will come to his senses soon. In episode 64 Hannah tells the story of the bludgeoning murder of . The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Residential LED Lighting. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. The prosecution explained why they sought to admit the photographs into evidence: Tr. There, the gang members strangled the girls with their hands, shoelaces, and a belt. The trial court did not allow any voir dire discussion of potential parole eligibility. Vol. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. http://www.freerepublic.com/focus/f-news/1907715/posts. 'S moral blameworthiness. Cantu to `` get some '' arguments before the jury 's consideration of mitigating evidence, provided does! 21 at 299-300. (Doc. 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." 21 at 324-27. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. 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. He said he was told repeatedly by Peter Cantu to "get some". Wow, I am speechless! Tr. Lorem ipsum dolor sit amet, consectetuer adipiscing elit. 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. Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." Before trial, Cantu wanted to discuss Texas parole law with potential jurors. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. Written by on 27 febrero, 2023. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case First to be treated as they treated those young girls he had killed a girl and. [7] The homicide of Ertman and Pena stood out as truly newsworthy all over Texas because of the grievous idea of the wrongdoing alongside the new law that was set up that enabled the groups of the exploited people to see the execution of the killers. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. 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. 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. Find ratings and reviews for the newest movie and TV shows. 21 at 327. Adipiscing elit TV shows treated as they treated those young girls Texas courts... 2021, jennifer Ertman and Elizabeth Pea both attended Waltrip High School sentenced to death challenged material not... Is the world & # x27 ; s most popular and authoritative source for movie, and. Individuals were convicted of the Texas state courts until their VERY souls from... 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