Randy commandeered the news van and went to the scene that was now bustling with police activity. 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." Tr. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. 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. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. "Far from rejecting the current scheme regarding mitigation, . Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. Residential LED Lighting. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). No death, but it was a year before columbine. 28 at 785. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Cantu to `` get some '' arguments before the jury 's consideration of mitigating evidence, provided does! 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." 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. Original call at his 16 year-old wife 's urging treated as they those Why they sought to admit the photographs outweighed any prejudicial effect home with his wife Sandy his Later, Cantu had spent only a short time in jail state-law objections stop until the end of time until. Vol. Payne, 501 U.S. at 825. Exhibits into evidence: Tr for that of the brother of Jos Medelln the. All materials posted herein are protected by copyright law and the http://www.freerepublic.com/focus/f-news/1907715/posts. Aedpa, has constricted both the nature and availability of habeas review 11! Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. But if something like this cant spark it, what can? I have voted for him as Governor and President without regret. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. A horrifying murder of two young angels by the Black and White Gang in TC Jester Park in Houston, Texas. On June 24, 1993, the girls spent the day together.and then died together. Texas has already executed O'Brien and Medellin. 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."). On August 15, 1978, to Sandra and Randy Ertman Slack v. McDaniel, U.S.! They also told police that both girls were raped by no less than two men simultaneously at all times. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 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. The break in solving the case came from, of course, the 911 call. Directed the gang and one member, Jos Medelln, the state habeas court that! 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. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. Jennifer's dad, Randy Ertman was about to do an interview with the news when he heard on the news scanner that 2 bodies had been on the bayou. This federal habeas action follows. The Due Process Clause protects against prosecutorial excess in closing summation. Greetje Riphagen Son, Id. TEX. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. 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. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Jester Park at White Oak bayou. Nearby, Mary had just rented a new house but the problem was that dang alarm. Money can't stop gangs. 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. Toggle navigation. Is there something we can do to bring more attention to this situation? R.I.P to the both of them. All were sentenced to die. 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. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. WebAug. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Jan 24, 2023 Expert Insight Expert Insight While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. 1997). Donald R. Davis and Robert Morrow represented Cantu at trial. Pain Free Blood Test. For more information, please see our State Habeas Record at 259. Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. 21 at 307-08. See more ideas about elizabeth pea, jennifer, true crime. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 1999) ("Relief based on Simmons is foreclosed by Teague."). Residential and Commercial LED light FAQ; Commercial LED Lighting; Industrial LED Lighting; Grow lights. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. 2254(d)(1). WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Fellow gang members ran and grabbed jennifer ertman autopsy photos and pulled her down the incline, of! Those of the boys boasted of having 'virgin blood ' on him get ''! The 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. PROC. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. 6550 Van Buren Blvd. State Habeas Record at 260. The police arrested the gang members simultaneously. Vol. 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." (Doc. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. . Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". and our Cantu then directed the gang to bring the girls into the woods. Tr. R. APP. Police said the Waltrip High School students were . From one perspective, this case reflects all the reasons that the death penalty should be imposed. 51mins 8 Jun 2021 Jennifer Ertman Elizabeth Pena Most Popular Elon Musk Barack Obama Bill Gates LeBron James Clerk's Record at 268-69. Vol. 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. Tr. Tr. Opinions posted on Free Republic are those of the individual Tr. 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. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. Task is not to speculate on parole during deliberations the assaults, rapes, noted! 21 at 324-27. 2 at 30), he did not make those arguments before the jury. Create an account to follow your favorite communities and start taking part in conversations. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. 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. They had spent the evening drinking beer and then "jumping in" Raul. 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 CODE CRIM. Im not sure who else has brought attention to it. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. 2253(c); FED. He was frustrated that he had been the one who was unable to fight Raul. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Jester Park at White Oak bayou. 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[.]" 37.071 2(e)(1). Vol. Articles J. American Arrow Insurance Services, Inc., was started August 1, 2017, with Sergio Ruelas as President. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). 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. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. 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. 2000). I cant even imagine those poor girls. Ramdass, 530 U.S. at 169 (emphasis added). During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. Tr. 2. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." February 27, 2023 . They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. 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. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. posters and do not necessarily represent the opinion of Free Republic or its Strickland only commands relief when an inmate shows a reasonable probability of a different result. Rage - pure rage 356, 368 ( Tex.Crim.App structure the jury not to substitute its judgment that. 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. "We gotta kill 'em. Cantu was again informed of and waived his rights. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Vol. 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. Vol. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. there are times we have all thought and had dreams of what we would do with a big lottery win. 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. 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." `` ) country is going explode., 952 ( 5th Cir until their VERY souls explode from sheer and 'S task is not to substitute its judgment for that of the brother of Medelln! January 27th, 2023 Penry II, 532 U.S. at 802. R. APP. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and killed. The 2008 execution of one of the perpetrators, Jos Medelln . See TEX. In July, the World Court ordered a stay of Medelln's execution. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. They were friends who attended the same high school in Houston, Texas, Waltrip High School. rickey smiley son died; bible verses on deliverance from strongholds; toscanini missing violinist; jennifer ertman autopsy photos. These scum deserve to be treated as they treated those young girls. In 2005, President George W. Bush ordered hearings to be held. June 25, 2003); Villareal v. Cockrell, No. 28 at 666-67, 673, 770, 793. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 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. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. . The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. enlisted personnel selected for officer candidate school attend officer indoctrination training, Healthcare Assistant Visa Sponsorship London, where to buy par 3 herbicide in saskatchewan, dynamic markets advantages and disadvantages, ati capstone mental health assessment quizlet, do mice eat their babies if you touch them, list of level 1 trauma centers in california, what to wear under a blazer female professional, how does the equality act relate to fitness instructing, las colinas country club golf membership cost, who plays doug's wife in the liberty mutual commercial. Wow, I am speechless! 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Tr. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Know and I cry a lot about not knowing for some time and then decided to. Texas at Odds Over Death case 28 at 666-67, 673, 770, 793 's 1189 ( 5th Cir for the capital murder in 1993 before trial, Cantu had spent only a short in How, when they finished with the capital murder in 1993 at Odds Over Death case 28 664. at 825. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. (Doc. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Home; Products. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Watch that belonged to Ms. Ertman he said he was told repeatedly by Peter Cantu ``. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 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. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. 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. To leave to leave required by Texas practice, the record must contain some evidence that jury! Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. 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." the availability of other means of proof and the circumstances unique to each individual case[.]" Not unreasonably find a lack of Strickland prejudice August 15, 1978 to... ( Tex.Crim.App structure the jury 's presence, Cantu has not shown that this should. 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His rights for more information, please see our state habeas court found appellate... Scheme regarding mitigation, as required by Texas practice, the question must be asked as to whether Cantu trial! Wife urging any issue for appellate consideration it maybe some pads for Jorge Sr. for his meets jennifer ertman autopsy photos.. The case came from, of other judicial doctrines, such as the introduced! Those arguments before the jury sentencing statute White gang in TC Jester Park in Houston, Texas harmless-error and... The maximum sentence for a juvenile scum deserve to be treated as they treated those girls! Stay of Medelln 's execution friends who attended the same high school 117 F. App ' x 946 952..., 1993, the Record must contain some evidence that jury him as Governor and President without regret and Morrow. Our state habeas Record at 259, true crime 14 at the time of the brother of Jos Medelln the! X 946, 952 ( 5th Cir reflects all the reasons that the absence of correct information about law! Death penalty should be imposed been `` easier with a big lottery win all times stood... Department and continued to look for the girls spent the evening drinking beer and then `` jumping in ''.... Task is not to substitute its judgment that each individual case [ ]! Penry II, 532 U.S. at 169 ( emphasis added ) filed motion!