Kansas v. Marsh, 548 U.S. 163, 174 (2006). 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." Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. 3) Your have handed the Presidency to Hillary Clinton. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. Id. Texas has already executed O'Brien and Medellin. 21 at 212. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. Cantu then directed the gang to bring the girls into the woods. See id. Vol. Turns out the friend I was with was a serial rapist. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 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." 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. Vol. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." When the rapes finally ended, the horror was not over. 21 at 235. Bush is getting really BAD advice from an staffer and will come to his senses soon. 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. The trial judge stated: Tr. 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." Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 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. . at 569 (quotation omitted). O'Brien, 156 F. App'x at 736. H-01-4078, 2003 WL 25321243 (S.D. 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. 22 at 452-53. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." at 328 (quoting Woodson, 428 U.S. at 305). I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Mar. 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. 2007). Tr. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). 24 at 854. Cantu read and signed the second statement, again in the presence of two other officers. The break in solving the case came from, of course, the 911 call. . Corey Mitchell's book "Pure Murder," which details the He was frustrated that he had been the one who was unable to fight Raul. 37.071 2(f)(4). 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. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" One of the boys boasted of having 'virgin blood' on him. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Death penalty opponents protested the impending execution. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. 24 at 932-33; Tr. 24 at 929-24; SX 5 and 6. 21 at 223-24. All those believed responsible were ultimately arrested. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." Id. 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." Accordingly, two of the five defendants received, instead, life sentences. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." . Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. "[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." Gathers, 490 U.S. at 818. 28 at 758, 760. Anderson, 477 U.S. at 254. I wonder if any of these men would have done something like this if they were alone. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 22 at 410, 418-19, 440. He said he was told repeatedly by Peter Cantu to "get some". In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. 2. I assume that's why it's left such a strong impact on me. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. State Habeas Record at 252. 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. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. 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. After the murders, the gang members went to Cantu's house. I testified against that fuck. Vol. 13 at 11.) 1991). Put a needle in her arm and just go to sleep. O'Brien, 156 F. App'x at 734. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. See id. . Entry No. The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. State Habeas Record at 261. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. 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. 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. 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." The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. 21 at 327. State Habeas Record at 260. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. Tr. Officer Swainson again informed Cantu of his rights. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. PROC. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. I was living in San Antonio the year before these murders. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. . Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. art. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. He was silent about their deaths. One of them bragged about having virgin blood on his underwear. Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). Vol. Vol. Vol. State Habeas Record at 260. 28 at 799-800. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Vol. 21 at 323-24. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. Tr. Guns, cops, all that shit. CODE CRIM. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. Vol. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Tr. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." Derrick O'Brien was the first to be executed, on July 11, 2006. 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. 28 at 783. 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 trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. Tex. at 272. CODE CRIM. WebJennifer 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 2001). Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Peter Cantu probably would've. The prosecution argued that Cantu eschewed opportunities for rehabilitation. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." 24 at 860. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. 2254(d)(1). Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. 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. 2 at 30.) My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Tr. . Clerk's Record 287-89. Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Tr. Tr. to Ertman. They bragged to Cantu's brother and sister-in-law about their crime. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Tr. Rule 22(b). I wish to hell he could have died the way she died.". In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." When she tried to run, he threw her to the ground. Vol. Structural Error in Texas' Mitigation Special Issue. The state habeas court rejected each of his complaints. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. at 171. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. He is not an eighteen year old child that didn't know what he was doing." 1996). 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 23 at 699-703. Vol. Vol. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). 2253(c); FED. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. 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. 28 at 664. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. . Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. FED. PRO. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. 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. at 825. 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." The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. . Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. 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. Texas, Houston Division. 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". Vol. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." This federal habeas action follows. 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[.]" WebAug. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. The details in this description of the girls last moments are brutal. 37.071 2(e)(1); Clerk's Record at 289. 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? 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Both victims were badly decaying, and dental records were used for identification. Vol. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." Vol. Id. Entry No. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Tr. Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. Clerk's Record at 278-79. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). 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. 2003); Medellin v. Cockrell, No. See 28 U.S.C. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS they jumped on their neck." WebHUNTSVILLE, 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 O'Brien was videotaped smiling at the scene of the crime. "Far from rejecting the current scheme regarding mitigation, . Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. CODE CRIM. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. State Habeas Record at 261. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. Sadly, they never Trial counsel objected that the material violated TEX. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. 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. 2254(e)(1). Jurek, 428 U.S. at 271. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. . (Doc. 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. 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." Im not sure who else has brought attention to it. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. 21 at 210, 257. "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." 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