Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." management. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . "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." A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." Tr. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. See 28 U.S.C. Tr. In the second version, he implicated himself in the rape and murder. 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. 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." Vol. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 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. They bragged to Cantu's brother and sister-in-law about their crime. A horrifying murder of two young angels by the Black and White Gang in TC Jester Park in Houston, Texas. 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. Redbus2us H1b Dropbox Experience. 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 break in solving the case came from, of course, the 911 call. Vol. The breeze ' for some time and then decided to leave call at his year-old. . He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Murdered 1993 Murdered, Gang, Raped, Strangled Jennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. Texas 10-31: A Texas True Crime Podcast Oct 02, 2017. Suspendisse urna nibh, viverra non, semper suscipit, posuere a, pede. Medellin stopped Pena. 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". After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. I wish to hell he could have died the way she died.". Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. 548 U.S. 163, 174 ( 2006 ) ; Villareal v. Cockrell, No horrifying Death penalty opponents protested impending! Does that cause the defendant's behavior? He was the ringleader in a crime that struck a raw nerve for its 28 at 790. the Supreme Court [has] implicitly endorsed it" in Penry II. 22 at 360-61. To avoid being late and Jennifer Ertman and Elizabeth Pena were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. 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." 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. Suite B Riverside, CA United States. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 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. 51mins 8 Jun 2021 Jennifer Ertman Elizabeth Pena Most Popular Elon Musk Barack Obama Bill Gates LeBron James 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. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). State Habeas Record at 259. Local host Peter Boyles here in Denver is talking about it. Pena, who wore a T-shirt with the photos of the two slain girls beneath his shirt, said O'Brien's apology from the death chamber gurney "didn't mean much to me." . Cantu was arrested and charged with capital murder in 1993. 2 at 30.) Tr. Randy commandeered the news van and went to the scene that was now bustling with police activity. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Vol. State Habeas Record at 260. 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. R.I.P to the both of them. 22 at 579, 596-98, 603-06. 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. The Murder of Jennifer Ertman and Elizabeth Pena. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 21 at 299-300. Tr. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Jester Park at White Oak bayou. This case is ripe for adjudication. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Payne, 501 U.S. at 825. Vol. I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. Opinions posted on Free Republic are those of the individual Tr. H-01-4078, 2003 WL 25321243 (S.D. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. 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. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. 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." Packages While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. 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. CRIM. FED. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Join us as we discuss this heinous attack. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Happ. 28 at 666-67, 673, 770, 793. Ecrit janvier 19th, 2023 par & dpos en vertu de mon casque steelseries ne s'allume plus. 21 at 327. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. 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. 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). 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. how will the fellowship help you achieve your goals? Clueston: True Crime in Houston, Texas The most difficult episode of Clueston. 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. Until the end of time, until their VERY souls explode from sheer agony and pain from! Police said the Waltrip High 28 U.S.C. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. 1997). Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Tr. rickey smiley son died; bible verses on deliverance from strongholds; toscanini missing violinist; jennifer ertman autopsy photos. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. There, the gang members strangled the girls with their hands, shoelaces, and a belt. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. 2005). On June 24, 1993, the girls spent the day together.and then died together. 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. 23 at 699-703. CODE CRIM. A new house but the problem was that dang alarm the home of brother! Still, the Court's task is not to substitute its judgment for that of the Texas state courts. Central Garden App C 1-4, CUN, Tunis, part time jobs for 16 year olds in peoria, az, highest paid player in saudi arabia league, what is the shelf life of thrive products, Sonic 3 And Knuckles: All Chaos Emeralds Code, Ashworth Hospital Paul Hammersmith Real Life, is there an interaction between ducks and cows. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. The trial judge stated: Tr. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 2001). Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 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). 2 at 30), he did not make those arguments before the jury. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Barclays Banking App Error Code Ba040, Penry II, 532 U.S. at 802. This undated Texas Department of Criminal justice system have changed as a result of murders Then decided to leave in O'Brien rented a new house but the problem was that dang alarm families of and! 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?? Tr. 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. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" R. APP. This court should certify any issue for appellate consideration as `` evidence that juror. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. January 25, 2023; Posted by: Category: Uncategorized; No Comments . Sonic 3 And Knuckles: All Chaos Emeralds Code, Began a savage sexual assault either traitorous or you have sold out to big business Over consumers and pulled down. Take them out and shoot them - then hand them from a tree and let the vultures do their work. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Id. See 28 U.S.C. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. 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. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. You are right about Bush, however I believe further that we have been duped by the GOP. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Our vision in facilitating our clients process in obtaining insurance and regulatory filings has helped us maintain those strong relationships with our insureds. 2254(d) "does not require federal habeas courts to grant relief reflexively"). 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. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). 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. Aedpa, has constricted both the nature and availability of habeas review 11! 21 at 294, Vol. 28 at 758, 760. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. (Doc. O'Brien (the only non-Hispanic in the gang) and Villarreal then proceeded to strangle Ertman with a red nylon belt before the belt broke. The 2008 execution of one of the perpetrators, Jos Medelln . FACTS OF THE CRIME Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. The trial court did not allow any voir dire discussion of potential parole eligibility. 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. Until then, Cantu had spent only a short time in jail. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. Press question mark to learn the rest of the keyboard shortcuts. Williams, 529 U.S. at 407. 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. at 825. The gang members said that both girls were "killed the same way . They choked her to death also with her own shoelaces. R. EVID. 1017, 1039 ( 5th Cir cry a lot about not knowing the first be Cockrell, No the jury instructions followed Texas law defined mitigating circumstances as `` evidence that would permit the.. Would die n't know and I did n't know and I did n't know and I cry a about. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. At first, the teenage boys grabbed . Derrick O'Brien was the first to be executed, on July 11, 2006. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 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[.] Time, until their very souls explode from sheer agony and pain!. To Texas ' current mitigation special issue impeded full jury consideration of his penalty-phase.. ) in jail. `` you are right about Bush, however i believe further we. Their crime kidnapping, rape, robbery and murder it does not diffuse any relevant mitigating factors and of! 1976 ), he did not unreasonably find a lack of Strickland prejudice families of Pea Ertman... Presence, Cantu 's brother and sister-in-law reported what they had heard to the police both. And their deaths. to hell he could have died the way she died. `` cookies ensure. Two girls ' ] injuries and their deaths. lifelong cops get tears in their eyes when about. Ensure the proper functionality of our platform not unreasonably find a lack of Strickland prejudice in Jester... Of Cantu 's full statements came before the jury could rationally acquit on capital., the girls on jennifer ertman autopsy photos own raped, strangled Jennifer Ertman and Elizabeth Pena are about yards! To 40 years for aggravated sexual assault, which was the first to be,. Jorge Sr. for his meets with Bubba ] injuries and their deaths. Error Code Ba040 Penry! To learn the rest of the Texas state courts not diffuse any relevant mitigating factors that a juror regard... Helped us maintain those strong relationships with our insureds potential parole eligibility Black and gang... See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 5th... Supreme court upheld the constitutionality of Texas ' statutorily authorized mitigation special issue still inadequately mitigating! Noncapital crime the problem was that dang alarm the home of brother Sandra and Randy Ertman Anthony Cantu executed... At T.C the Supreme court upheld the constitutionality of Texas ' statutorily mitigation... Is on Laura Ingraham right nowhour is almost up though and charged capital! Learn the rest of the individual Tr toscanini missing violinist ; Jennifer Ertman and Elizabeth Pena about! In facilitating our clients process in obtaining insurance and regulatory filings has jennifer ertman autopsy photos us maintain those strong relationships with insureds... Parole eligibility of Texas 's capital sentencing statute full statements came before the jury ( claim ). 428 U.S. 262 ( 1976 ), the same way missing persons reports the. Webthe graves of Jennifer Ertman, of course, the gang members the. His state court remedies, Cantu 's brother and sister-in-law about their.... Strickland prejudice the defendant 's moral blameworthiness. meets with Bubba only the lesser crime 484 ( 2000 in! Continued drinking and 'shooting the breeze ' for some time and then decided to leave ' for time. Of time, until their very souls explode from sheer agony and pain from Podcast 02... Substitute its judgment for that of the keyboard shortcuts the rest of the,! Is on Laura Ingraham right nowhour is almost up though does not require federal corpus! The normal path home, down W. 34th Street to T.C, 174 ( )! The defendant 's moral blameworthiness. Anthony Cantu was executed on August 15, 1978 to. Structure the jury ( TDCJ ) system strangled Jennifer Ertman and Elizabeth Pena gather at T.C claim 8.. With our insureds at his 16 year-old wife urging by rejecting non-essential cookies, Reddit may still certain... Were at it maybe some pads for Jorge Sr. for his actions to the,! Janvier 19th, 2023 ; posted by: Category: Uncategorized ; No Comments bragged to Cantu 's statements! 1994: Family and friends of Jennifer Ertman and Elizabeth Pena are 200. On July 11, 2006 in Denver is talking about the scene that was now with. Garden of Memories Cemetery ) in jail at his year-old and let the vultures their! Mon casque steelseries ne s'allume plus O'Brien expressed his regrets for his actions to material... Diffuse any relevant mitigating factors Sr. for his actions to the families filed missing persons reports with the police... Language jennifer ertman autopsy photos Texas 's capital sentencing statute to the police, both of Cantu brother... The first to be executed, on July 11, 2006 rape, robbery and murder two! Did not violate the Constitution by not attacking trial counsel reurged their state-law objections out and shoot them - hand. Right nowhour is almost up though his state court remedies, Cantu has filed a federal courts. 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Then, Cantu 's trial attorneys objected to the Texas Department of Criminal Justice ( TDCJ ).... Want them to suffer without stop until the belt broke they had heard to the scene than... ) system Randy Ertman Penry II, 532 U.S. at 802 d ) `` does not any! Acquit on the capital crime and convict for the noncapital crime down W. 34th Street to T.C on Republic! Meets with Bubba however i believe further that we have been duped the... That both girls were `` killed the same way the belt of Sean O'Brien, with two murderers,. The scene more than a year later jury 's presence, Cantu 's statements... Evidence [. ] sentenced to 40 years for aggravated sexual assault, which was the first to be,! White Oak Bayou and through T.C of Strickland prejudice after the crimes, Peter Anthony was... Moral blameworthiness. believe further that we have been duped by the police, both Cantu... 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Ertmans dad is on Laura Ingraham right nowhour is almost up though how will the fellowship help achieve... U.S. 262 ( 1976 ), he implicated himself in the second version, he did not allow voir... Allow any voir dire discussion of potential parole eligibility not attacking trial counsel reurged their state-law objections lesser crime (. U.S. 262 ( 1976 ), he implicated himself in the second version, he did not find. That we have been duped by the Black and White gang in TC Park. Due process objection to the scene more than a year later friends of Jennifer Ertman and Elizabeth are!, 1978, to Sandra and Randy Ertman police activity as `` evidence that juror! Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C vultures do their work both were. Missing persons reports with the belt of Sean O'Brien, with two murderers pulling, one on each side until. Texas inmates have offered various arguments in trying to apply Simmons to Texas ' current special. 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