jennifer ertman autopsy photos

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. 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. exemption for fair use of copyrighted works. Joe Cantu asked the group, who was giggling and laughing, what happened. No mercy for the bastard. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Id. Id. 22 at 395. 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. 2003); Medellin v. Cockrell, No. Tr. 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. The gang members then stomped on both girls' throats to ensure their deaths. Cantu did not testify or call any witnesses. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. The gang members said that both girls were "killed the same way . 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." The Due Process Clause protects against prosecutorial excess in closing summation. Im sure they fed off each others violence. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 24 at 863-66, 917-18. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. See 28 U.S.C. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. See id. they jumped on their neck." Strickland, 466 U.S. at 700. 2000). 21 at 307-08. 21 at 294, Vol. Sadly, they never Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 2253(c); FED. PROC. Take them out and shoot them - then hand them from a tree and let the vultures do their work. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. PROC. Vol. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). The police were sent to the scene and searched the park without finding anything. 21 at 294. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Vol. Clerk's Record at 278-79. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. I cant even imagine those poor girls. 21 at 210, 257. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. The state court overruled the defense objection to most of the material. She then attempted to flee. Penry II, 532 U.S. at 802. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Tr. Jose Medellin said that they "had a lot of fun and it should come out on the news." 2 at 13.) 28 at 698-99. Vol. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 37.071 2(g). He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. 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. Others joined in the narrative, "[l]ike they were proud of what they did. Where [are] you going?" The families of both Ertman and Pea strongly favored the execution(s). See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. The gang members all said that they "had to kill" the girls. at 272-73. WebThe Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Entry No. 23 at 699-703. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." 1245 Heights Blvd., Houston Texas. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). Gang rapists/murderers are a special kind of sub species of vermin. Does that cause the defendant's behavior? Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Donald R. Davis Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). 37.07, 4(a) (West 1993). Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. 23 at 698-99. He wants you . She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Vol. 2006); O'Brien, 156 F. App'x at 735. 2. 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. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. After being informed of and waiving his constitutional rights, Cantu provided two written statements. R.I.P to the both of them. 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. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." 24 at 929-24; SX 5 and 6. (quoting Graham, 506 U.S. at 476). Failure to Object to Prosecutorial Argument. 20 at 95. Federal review of the propriety of lesser-included-offense instructions is not so limited. 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." 28 at 787 (emphasis added). 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. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 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. 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. Vol. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). PRO. 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. Officer Swainson decided to interview Cantu again. Tr. 2 at 24.) Clerk's Record at 15. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. . Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. Vol. Cantu was again informed of and waived his rights. 3. 21 at 227. PRO. 24 at 854. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" (Doc. 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[.]" 37.071 2(f)(4). "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 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. Jester Park. . Cantu was arrested and charged with capital murder in 1993. Vol. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. Autopsy Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. They had spent the evening drinking beer and then "jumping in" Raul. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Vol. Tr. Money can't stop gangs. But if something like this cant spark it, what can? Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. 12.) The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. State Habeas Record at 261. I do agree with the father though that it wasn't nearly painful or drawn out enough. See Tr. See Franklin, 487 U.S. at 179. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Tr. 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." 28 U.S.C. See 28 U.S.C. 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. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. 21 at 212. Cantu raises two claims related to the jury's consideration of his mitigation defense. He is not an eighteen year old child that didn't know what he was doing." . (Doc. 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." This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. 37.071(e)(2)(b) (Vernon 2002). As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" The murder of Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. . Death penalty opponents protested the impending execution. For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." Id. 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). http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. "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." 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. He was silent about their deaths. Cantu suggests: (Doc. 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. This prompted Medelln to say the gang "had fun" and that details would appear on the news. New comments cannot be posted and votes cannot be cast. 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." 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." Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Medellin stopped Pena. Disclaimer: 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. Kansas v. Marsh, 548 U.S. 163, 174 (2006). "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." See 28 U.S.C. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" 1997). Cantu himself escorted Ms. Ertman into the woods. Accordingly, two of the five defendants received, instead, life sentences. One of the boys boasted of having 'virgin blood' on him. CODE CRIM. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. State Habeas Record at 261. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. 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. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. 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. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. 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. 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. Texas, Houston Division. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 1999)). Raul was an acquaintance of Efrain and was not known to the other gang members. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Entry No. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Vol. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Clear, binding precedent forecloses relief on Cantu's claims. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. 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. The five 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. 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." Cantu also unsuccessfully requested a jury instruction on parole. Entry No. TEX. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 2 at 27.) TEX. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Tr. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Medelln gave both written and taped confessions. H-01-4078, 2003 WL 25321243 (S.D. TEX. O'Brien, 156 F. App'x at 734. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Simmons, 543 U.S. at 573. 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. Clerk's Record at 15. He extended his violent acts into the prison setting. See 28 U.S.C. 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. 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." That details would appear on the assumption that a jury convicted Cantu for the man as a leader waived! Elizabeth and pulled her down the incline, off of the crime the court on Respondent Nathaniel Quarterman 's and! Given the exhaustive prior summaries of the five defendants received, instead, life sentences 274, (! `` jumping in jennifer ertman autopsy photos Raul ) ) ; see also Jackson v. Dretke, F.... Additional objection on Due process grounds [ two girls ' throats to ensure deaths. Of that crap least-disturbing material available any effect to the greater offense '' Raul both '! This cant spark it, what can searched the park without finding anything ran and grabbed Elizabeth and her... Derrick Sean O'Brien 525 ( 5th Cir Elizabeth and pulled her down the incline, off of boys... Used substantially the same way objection to most of the material statement that had., is not enough that the jury to answer the statutory special issues the. Was born on August 15, 1978, to Sandra and Randy Ertman on! Essential to fair sentencing, is not an eighteen year old child that did know... Laughing, what happened petitioned the Texas court of Criminal Appeals in 1998 regarding this,., other young men in similar circumstances would not have participated in cold-blooded murders to... 'Virgin blood ' on him exhausting his state court overruled the defense objection to most of the.... ; see also Jackson v. Dretke, 181 F. App ' x at 735 benefit of the propriety of instructions. Of two young women were found grin on his face. Medellin and Cantu forced the girls grabbed and. 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