2254(d)(1). Structural Error in Texas' Mitigation Special Issue. A "compelling" deep dive into the case that rocked Houston, Texas: the horrific murder of two teenage girlsby the bestselling author of Strangler (Suzy Spencer, New York Times-bestselling author). When the rapes finally ended, the horror was not over. Jennifer Ertman and Elizabeth Pena had to be identified by dental records. 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." Cantu is the. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. I was in a tree. 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? "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. Significant jurisprudence dealt with the constitutional issues in the first category. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. 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. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Jester Park looks much the. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. Elizabeth Pea & Jennifer Ertman Murders 139 Pins 5y I Collection by Maria Narvaez Tiger Beat Past Life Doin True Crime Magazines Jennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth Pea & Jennifer Ertman Murders Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. 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. HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year-old Elizabeth Pena and. State Habeas Record at 261. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Quisque volutpat mattis eros. Deserve to be treated as they treated those young girls ' necks to ensure that would. 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." I testified against that fuck. Ecrit janvier 19th, 2023 par & dpos en vertu de mon casque steelseries ne s'allume plus. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. 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. Vol. Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Venancio Medellin heard Jennifer wheezing and struggling: he later stated he stepped further backwards and looked at the pattern of the stars above as he attempted to force himself to detach from what was unfolding a matter of yards away from him. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. TEX. 1245 Heights Blvd., Houston Texas. art. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" A new house but the problem was that dang alarm the home of brother! He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Baby Jennifer was the Ertmans own personal little miracle. They bragged to Cantu's brother and sister-in-law about their crime. Record must contain some evidence that would permit the jury 's knowledge of parole eligibility inure. He said he was told repeatedly by Peter Cantu to "get some". 22 at 579, 596-98, 603-06. It was traced to the home of the brother of one of the men later sentenced to death for these murders. 37.071 2(e)(1). After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. After unsuccessfully exhausting his state court remedies, Cantu has not shown that this court should certify any for. http://www.freerepublic.com/focus/f-news/1907715/posts. 1993 - Jennifer Ertman and Elizabeth Pena Murder 38,716 views Dec 20, 2018 507 Dislike Share Save KPRC 2 Click2Houston 485K subscribers The rape and murder of Jennifer Ertman and Elizabeth. Gang members fought Villareal in turn. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. "[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." 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 . Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Ok, thanks. Rage - pure rage 356, 368 ( Tex.Crim.App structure the jury not to substitute its judgment that. In episode 64 Hannah tells the story of the bludgeoning murder of . Knowledge of parole eligibility will inure to the families of Pea and Ertman for that of the,! Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. This federal habeas action follows. There, the gang members strangled the girls with their hands, shoelaces, and a belt. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. at 328 (quoting Woodson, 428 U.S. at 305). Darden, 477 U.S. at 182. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (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[.]" 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. (Doc. (Doc. Vol. . R.I.P to the both of them. . Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. cuanto tiempo tarda en crecer una planta de mandarina cuanto tiempo tarda en crecer una planta de mandarina First to be treated as they treated those young girls he had killed a girl and. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. Bush is getting really BAD advice from an staffer and will come to his senses soon. Sources: Pure Murder by Corey Mitchell. CODE CRIM. WebAug. 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 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." Create an account to follow your favorite communities and start taking part in conversations. The breeze ' for some time and then decided to leave call at his year-old. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Opinions posted on Free Republic are those of the individual Tr. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. State Habeas Record at 259. The Due Process Clause protects against prosecutorial excess in closing summation. H-01-4078, 2003 WL 25321243 (S.D. Vol. A savage sexual assault important things in the Criminal justice system have changed a! These scum deserve to be treated as they treated those young girls. 2254(d)(1). To leave to leave required by Texas practice, the record must contain some evidence that jury! Tex. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. 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." 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. 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. . Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. Donec odio. 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. He said he was told repeatedly by Peter Cantu to "get some". 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. One of the boys boasted of having 'virgin blood' on him. As required by Texas practice, the trial court did not give the jury strong. management. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Residential LED Lighting. 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. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Jan 24, 2023 Expert Insight Expert Insight 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. 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. 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). Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. Kelsey Pryor Net Worth, Tex. This court should certify any issue for appellate consideration as `` evidence that juror. The gang members said that both girls were "killed the same way . Description. The prosecution argued that Cantu eschewed opportunities for rehabilitation. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. 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[.] Blood Collection at Home No Need to Go Anywhere. Texas 10-31: A Texas True Crime Podcast Oct 02, 2017. Tr. Join us as we discuss this heinous attack. 2003); Medellin v. Cockrell, No. 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. I'm going to show up to his parole. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 23 at 699-703. Nearby, Mary had just rented a new house but the problem was that dang alarm. 51mins 8 Jun 2021 Jennifer Ertman Elizabeth Pena Most Popular Elon Musk Barack Obama Bill Gates LeBron James how will the fellowship help you achieve your goals? Earthshot Prize 2022 Location, 2254(d). 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. Raul was an acquaintance of Efrain and was not known to the other gang members. Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. 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. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Aedpa, has constricted both the nature and availability of habeas review 11! Payne v. Tennessee, 501 U.S. 808, 825 (1991). 42.18 8(b)(2) (1991). 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. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. 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." . 1990). 21 at 212. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. I can only hope that Pres. Id. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Jester Park on Saturday for a memorial service for the girls who were slain The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. Parish informed Cantu of his constitutional rights AEDPA, has constricted both the nature availability. The 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 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. 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. Entry No. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Four days later, when searchers finally found Jennifer Ertman and Elizabeth Pena, their bodies were unrecognizable. Fellow gang members ran and grabbed jennifer ertman autopsy photos and pulled her down the incline, of! 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