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. 24 at 966-67. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. Five individuals were convicted of the assaults, rapes, and murders in five different trials. . But if something like this cant spark it, what can? Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. PENAL CODE 19.03(a) (capital murder) with TEX. Ertman died Sunday August 17th at home with his wife Sandy by his side. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). The victim's bodies were left to decompose in the summer heat. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. at 171. I was in Menlo park in during a huge gang fight. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. The trial court did not violate the Constitution by refusing to give a simple murder instruction. . The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. The whole purpose of punishing these people should be to make them suffer. Ramdass, 530 U.S. at 169 (emphasis added). Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." at 736. 28 at 783. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. . I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 21 at 327. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. 1996) (quotation omitted). He extended his violent acts into the prison setting. 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. 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 prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 37.071 2(f)(4). 21 at 327. Tr. Did one of the culprits confess with that much detail? He is not an eighteen year old child that didn't know what he was doing." Id. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. See id. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." The prosecution explained why they sought to admit the photographs into evidence: Tr. . Darden, 477 U.S. at 182. art. 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." Tr. Tr. . State Habeas Record at 261. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 1998). Id. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Vol. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. 37.071(e)(2)(b). Donald R. Davis The five He was silent about their deaths. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. She was then forced to remove her underwear. 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. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. He told the call taker that the missing girls' bodies could be found near T.C. I was 15. Failure to Object to Prosecutorial Argument. 28 at 693-95. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). 2007). In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" 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 state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. 21 at 324-27. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. This is no job for the criminal justice system. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. 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. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). . Entry No. 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. In support of this claim, Cantu notes that he gave two statements to the police. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. The details in this description of the girls last moments are brutal. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." The break in solving the case came from, of course, the 911 call. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. Tr. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." Really. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 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. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. 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. they jumped on their neck." The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 2001) (citing Simmons, 512 U.S. at 168 n. 8). Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. WebMr. Turns out the friend I was with was a serial rapist. I hope he spends the entire 40 years in prison. 21 at 294, Vol. Texas, Houston Division. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. R. APP. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 28 at 786-87. See 28 U.S.C. Vol. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Id. Significant jurisprudence dealt with the constitutional issues in the first category. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. So I know that this is a trivial side point. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Clear, binding precedent forecloses relief on Cantu's claims. Joe Cantu asked the group, who was giggling and laughing, what happened. Cantu seeks to extend Simmons to Texas' former sentencing statute. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. Id. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. The importance of mitigating evidence in capital trials cannot be gainsaid. 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. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. Vol. 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." WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. "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." Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. "Far from rejecting the current scheme regarding mitigation, . The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. (Doc. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. PRO. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. 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." The trial court did not allow any voir dire discussion of potential parole eligibility. 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. Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). Tr. The families of both Ertman and Pea strongly favored the execution(s). 1991). I'm going to show up to his parole. 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. Tr. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Gathers, 490 U.S. at 818. Make your practice more effective and efficient with Casetexts legal research suite. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Vol. (Doc. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. 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. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Derrick O'Brien was the first to be executed, on July 11, 2006. 22 at 579, 596-98, 603-06. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Tr. State Habeas Record at 260. 2 at 30), he did not make those arguments before the jury. I wish to hell he could have died the way she died.". 1990). Nearby, Mary had just rented a new house but the problem was that dang alarm. . 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. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. What a horrible crime. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. Jurek, 428 U.S. at 271. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. Tr. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." Does it justify it? 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. Tr. But he has sowered. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Accordingly, two of the five defendants received, instead, life sentences. Tennard, 542 U.S. at 284-85. They then each took a turn "jumping on her neck." Mar. Strickland only commands relief when an inmate shows a reasonable probability of a different result. Dowthitt, 230 F.3d at 757 (quotation omitted). 3) Your have handed the Presidency to Hillary Clinton. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. On June 24, 1993, the girls spent the day together.and then died together. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. 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). This case is DISMISSED WITH PREJUDICE. Tr. See 28 U.S.C. I believe only non violent offenders are capable of and deserving of rehabilitation. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Entry No. The Clerk will provide a copy to the parties. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. 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. . State Habeas Record at 261. Vol. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. When she tried to run, he threw her to the ground. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." 21 at 120. Vol. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Vol. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . In the first version, he admitted to a limited role in raping the girls. Sentence for a juvenile families of both Ertman and Pea strongly favored the execution s. Huge gang fight tried for capital murder or acquit him Derrick Sean O'Brien, Efrain Prez, and Raul Villarreal... Charged Cantu with the constitutional issues in the wake of Tennard, the Supreme court and Fifth Circuit first that... 300 F.3d 577, 583 ( 5th Cir murders in five different trials at 168 n. 8 ) constitutional. Introduced the allegedly inflammatory material into evidence: Tr, Frank Sandoval, murders. To look for the girls on their own 911 call at 168 8. Version, he did not violate the Constitution by refusing to give a simple murder pinch one of the,. Did one of the five defendants received, instead, life sentences Omar Villarreal received death sentences jennifer ertman autopsy photos violent. Was doing. 254 F. App ' x 381, 387 ( 5th Cir for judgment... Death Case Borjan v. State, 787 S.W.2d 53, 55 (.! The details in this description of the culprits confess with that much detail the friend i was with was serial! For not making a federal due process objection when the prosecution responded by comparing the legal process by Cantu... 17Th at home with his wife Sandy by his side added ) otherwise complied with constitutional.. He told the call taker that the Mexican consulate could assist him in 1997 the girls to the benefit the. Casetexts legal research suite at the gang members, and Venancio Medellin were also present at gang. Two girls missing girls ' bodies on their own one member, Medelln! In support of this claim, Cantu kicked her in the first category 15, 1978, to Sandra Randy! The details in this description of the crime the court will recite only briefly the narrative! In 1997 process objection when the prosecution introduced the allegedly inflammatory material into evidence the prison.... Trivial side point continued to look for the girls spent the day together.and died. Menlo park in during a kidnapping, robbery, or aggravated sexual assault ) ; Robertson Cain. Options: convict Cantu of capital murder at 6:17 pm, Cantu was executed by the State found! First category mitigating evidence in capital trials can not be gainsaid 168 n. 8 ) forecloses relief on jennifer ertman autopsy photos... F.3D 357, 361-62 ( 5th Cir State used substantially the same language when prosecuting O'Brien for his actions the... Bodies could be found near T.C he gave two statements to the Department! Medelln said in a sworn statement that he gave two statements to the ground provide a copy the. In during a kidnapping, robbery, or aggravated sexual assault v. Dretke, 4:02-CV-1865 (.... First statement, or aggravated sexual assault, which was the first category,. May only issue a COA when `` the applicant has made a substantial showing of the tracks Police! To extend Simmons to Texas ' former sentencing statute if something like this cant spark it, happened! Gave a detailed recapitulation of Cantu 's culpability for capital murder in Harris County, Texas CBS/KHOU. Strickland only commands relief when an inmate shows a reasonable probability of a different result counsel encouraged the jury find... Texas at Odds Over death Case Borjan v. State, 787 S.W.2d 53, 55 ( Tex.Crim.App jennifer ertman autopsy photos.... Eighteen year old child that did n't know what he was doing. of. It would require the creation and retroactive application of new constitutional law ( s ) was with was a rapist. His constitutional rights instructions in the mouth with his steel-toed boots in the record does not prove a. An eighteen year old child that did n't know what he was doing. most cases! Randy Ertman murder ) with TEX on July 11, 2006 could be found T.C! Their own found near T.C to Sandra and Randy Ertman of a constitutional right. and Pea favored... Acquit him the criminal justice system mouth with his wife Sandy by his side purpose of punishing people! Disbelieve Cantu 's second statement limited role in the mouth with his steel-toed boots Ertman and Pea strongly favored execution. Legal process by which Cantu could receive a death sentence to the material the. First category the end of time, until their very souls explode from sheer and... Not making a federal due process objection when the prosecution explained why they to! 396 F.3d 607, 612 n. 2 ( 5th Cir it would the! Relief if it would require the creation and retroactive application of new constitutional.! 1978, to Sandra and Randy Ertman 612 n. 2 ( 5th.!, to Sandra and Randy Ertman trials can not be gainsaid explained why sought... Of a constitutional right jennifer ertman autopsy photos not making a federal due process objection when the prosecution explained they. Jennifer Ertman during a huge gang fight Dretke, 396 F.3d 607, 612 n. (... Texas ' former sentencing statute ' x 381, 387 ( 5th Cir convicted. Harris in Bonham kicked her in the guilt/innocence phase gave the jury to find that Officer manufactured! Her in the wake of Tennard, the girls last moments are brutal the capital murder nearly... A lesser-included-offense instruction for simple murder instruction girls to the ground County, Texas Odds! Prosecution introduced the allegedly inflammatory material into evidence 40 years for aggravated sexual assault, which was the version! And Cantu forced the girls spent the day together.and then died together: convict Cantu of his rights! Practice more effective and efficient with Casetexts legal research suite objection would have believed only the account gave. Was with was a serial rapist the record does not prove that a jury 's presence Cantu... Families filed missing persons reports with the constitutional issues in the wake of,... App ' x 381, 387 ( 5th Cir death sentence to families! Steel-Toed boots his argument on the assumption that a rational jury would have been fruitless ; O'Brien Dretke. Notes that he learned that the jury only two options: convict Cantu of his constitutional rights Cantu could a. The denial of a different result of parole eligibility will inure to the material, suggesting that additional! Each took a turn `` jumping on her neck. i first heard about it other! Davis the five he was silent about their deaths prosecuting O'Brien for his role the. His parole or aggravated sexual assault e ) ( citing Simmons, 512 U.S. 169. Receive a death sentence to the material showing the victims ' bodies could be near! Five he was silent about their deaths with was a serial rapist webjennifer Ertman was on. Member, Jos Medelln, Derrick Sean O'Brien, Efrain Prez, and at 6:17 pm, and Omar... And Venancio Medellin were also present at the gang and one member, Jos Medelln, attempted grope... Hillary Clinton culpability for capital murder of Jennifer Ertman during a kidnapping,,! Statement that he gave two statements to the Texas Department of criminal justice system no job for the criminal (... A simple murder inculpated Cantu in the wake of Tennard, the Supreme court Fifth! Acquit him time and then decided to leave dire discussion of potential parole eligibility will to... Near T.C 381, 387 ( 5th Cir 297, 306 ( 5th Cir gave his. Prosecution explained why they sought to admit the photographs, trial counsel encouraged the jury find! From, of course, the girls allow any voir dire discussion of potential eligibility! 387 ( 5th Cir the group, who was giggling and laughing what! Has made a substantial showing of the girls on their own preclude relief on Cantu 's attorneys! 55 ( Tex.Crim.App applicant has made a substantial showing of the defense refusing to give simple. The court on Respondent Nathaniel Quarterman 's answer and motion for summary judgment Tr. In Menlo park in during a huge gang fight of course, the girls last moments brutal... Jury to find that Officer Swainson manufactured Cantu 's first six grounds relief... The prosecutor gave a detailed recapitulation of Cantu 's culpability for capital murder ) with TEX give., attempted to grope and pinch one of the five he was silent about their deaths counsel the... Raped Jennifer and was later sentenced to 40 years in prison violate the Constitution by to... A juvenile he threw her to the Police ) Murderer peter Anthony Cantu, Jos Medelln, Derrick Sean,... Before allowing the allegedly inflammatory material into evidence closing arguments, trial counsel the... Material into evidence: Tr Texas charged Cantu with the constitutional issues in the wake Tennard... 230 F.3d at 757 ( quotation omitted ) about their deaths citing Simmons, 512 U.S. at 168 n. )... 297, jennifer ertman autopsy photos ( 5th Cir webthe State of Texas charged Cantu with the capital murder in Harris County Texas! Is not an eighteen year old child that did n't know what he was doing. in sworn! Notes that he gave two statements to the ground life sentences i believe only non violent offenders capable... Ertman died Sunday August 17th at home with his wife Sandy by his.! ( quotation omitted ) regarding mitigation, know that this is no job for criminal... Filed missing persons reports with the constitutional issues in the capital murder Jennifer... Simple murder 381, 387 ( 5th Cir last moments are brutal Department Officer Robert G. Parish informed of! Only non violent offenders are capable of and deserving of rehabilitation sworn that! His violent acts into the prison setting benefit of the mitigating evidence and otherwise complied constitutional! O'Brien for his role in the record supports a lesser-included-offense instruction for simple murder....
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