[T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." 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. 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 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." Cantu then directed the gang to bring the girls into the woods. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. Jose Medellin said that they "had a lot of fun and it should come out on the news." 21 at 307-08. Texas, Houston Division. 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. seeks to show constitutional error from a jury instruction that quotes a state statute"). Vol. Tr. Tr. Peter Cantu then returned, and divided valuables that had been stolen from the girls. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." 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[.]" He extended his violent acts into the prison setting. Medellin stopped Pena. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" After the belt broke, the killers used her own shoelaces to finish their job. at 369. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. (Doc. Accordingly, two of the five defendants received, instead, life sentences. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. 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. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 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. Who provided the details? 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. Ok, thanks. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. These scum deserve to be treated as they treated those young girls. See 28 U.S.C. Tex. In the first version, he admitted to a limited role in raping the girls. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Vol. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Vol. 2005). There, the gang members strangled the girls with their hands, shoelaces, and a belt. Entry No. 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. He told the call taker that the missing girls' bodies could be found near T.C. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Clerk's Record at 268-69. Tr. See Tr. He is not an eighteen year old child that didn't know what he was doing." After the murders, the gang members went to Cantu's house. Opinions posted on Free Republic are those of the individual Entry No. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 28 at 799-800. Simmons, 543 U.S. at 573. Jose Medellin said that they killed "a couple of chicks." Cantu's federal habeas claims require the Court to discuss the particulars of the murders. WebMr. Xin hn hnh knh cho qu v. Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. Well I better stay speechless because whats going through my head would get me banned. 28 at 768-69. Tex. This location was approximately one mile from Pea's home. (quoting Graham, 506 U.S. at 476). So I know that this is a trivial side point. 21 at 227. Until then, Cantu had spent only a short time in jail. 21 at 116-11. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Sadly, they never Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." 3. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Clear, binding precedent forecloses relief on Cantu's claims. 2254(d)(1). Darden, 477 U.S. at 182. Vol. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Vol. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. 21 at 294, Vol. I hope his life is, was and remains a misery. R. CIV. 20 at 90; Clerk's Record at 104. Vol. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." 22 at 396. The at 272. See 28 U.S.C. But he has sowered. 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. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. Failure to Object to Prosecutorial Argument. Both girls were strangled to death. 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. CODE CRIM. Vol. Vol. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 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. 2254(d) "does not require federal habeas courts to grant relief reflexively"). Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 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. How sick My heart is broken. Respondent has moved for summary judgment. Medelln gave both written and taped confessions. Tex. Vol. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" 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. Entry No. 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. 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. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. . Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. 28 U.S.C. Does it justify it? The whole purpose of punishing these people should be to make them suffer. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 1999) ("Relief based on Simmons is foreclosed by Teague."). 1. C.E. Cantu did not testify or call any witnesses. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. 23 at 699-703. Entry No. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 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." Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. Entry No. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. . I can only hope that Pres. 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. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Tr. 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. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Gang members fought Villareal in turn. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 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