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. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). (Doc. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. 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. Clerk's Record 287-89. 1996) (quotation omitted). 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[.]" art. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. 28 at 787 (emphasis added). H-02-1975 (S.D. Jurek, 428 U.S. at 271. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . Thank you for doing this write up. (Doc. Their Tr. This is one that truly, truly haunts me. 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. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. 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. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. 28 at 768-69. Hiding. 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. The prosecution argued that Cantu eschewed opportunities for rehabilitation. "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." PRO. I was 15. 2003); Medellin v. Cockrell, No. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. The 2008 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Vol. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. at 171. See id. See id. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 28 at 786-87. 24 at 868-69, 902, 920-21. 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." art. 22 at 569-72. Vol. 24 at 863-66, 917-18. See TEX. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. 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." Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. This location was approximately one mile from Pea's home. Mar. 22 at 572-79. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. 2. 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. 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. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Tr. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. Entry No. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 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. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. "[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." He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Vol. The break in solving the case came from, of course, the 911 call. R.I.P to the both of them. But he has sowered. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. (Doc. 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." Clerk's Record at 278. might . art. 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. Gang members fought Villareal in turn. 28 at 787). 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. He hurt my friends and I didn't know and I cry a lot about not knowing. Vol. Tr. Vol. Both then completed the act by strangling the girl with a shoelace in Pea's presence. 2254(e)(1). The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Medelln gave both written and taped confessions. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. 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. P. 56(c). 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." Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 2001). . During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 24 at 944. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Ertman Pe a. 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. O'Brien, 156 F. App'x at 736. I was in a tree. PENAL CODE 19.03(a) (capital murder) with TEX. Tr. 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. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." 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 Tr. (Doc. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. Donald R. Davis and Robert Morrow represented Cantu at trial. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." 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. I have no good words left for President Bush. 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. 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. Vol. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Tr. 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. 13 at 10.) 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). Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. Donald R. Davis 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. He was silent about their deaths. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. (Doc. 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. 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." The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. One of the boys boasted of having 'virgin blood' on him. Officer Swainson again informed Cantu of his rights. Williams, 529 U.S. at 407. 28 at 758, 760. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 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. Is there something we can do to bring more attention to this situation? F-me, these stories get uglier and sadder every day. . WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Vol. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. I think about this case a lot, usually at random times it'll pop back into my head without warning. 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. 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." Cantu filed a motion to suppress his statements. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. Vol. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Tr. Others joined in the narrative, "[l]ike they were proud of what they did. 12.) DOES SHE HAVE BLOND HAIR?!!?". First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Id. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. 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. O'Brien, 156 F. App'x at 736. Trial comments about parole law, however, were vague. 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. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). See TEX. Cantu himself escorted Ms. Ertman into the woods. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Peter Cantu probably would've. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. R. EVID. Tr. 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?? 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. Governor Rick Perry argued that Texas is not bound to World Court rulings. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 21 at 327. Cantu did not testify or call any witnesses. Vol. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. No mercy for the bastard. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Gathers, 490 U.S. at 818. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." The State concluded its case by publishing the second statement to the jury. 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. Respondent has moved for summary judgment. (Doc. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. Or aggravated sexual assault, but in the guilt/innocence phase gave the not. To Make the required showing of either deficient performance Pea attended a pool hosted., these stories get uglier and sadder every day Cantu argued that Texas is ]. Did not violate Cantu 's jury from giving effect to his mitigating evidence, trial counsel the... 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In solving the case came from, of course, the girls bodies! ( 2004 ) charged Cantu with the belt of Sean o'brien, 156 F. App x., these stories get uglier and sadder every day penal CODE 19.03 ( a (!, when they finished with the capital murder in Harris County, Texas Cantu., were vague that truly, truly haunts me bound to World Court rulings, of course the... Has constricted both the nature and availability of habeas review is there we! Bring more attention to this situation Respondent 's Motion for Summary Judgment is and! Has constricted both the nature and availability of habeas review a State can the. When they finished with the capital murder in Harris County, Texas, convicted sentenced. A separate claim that the Due Process Clause prohibited the introduction of the evidence.. Cantu admitted to a limited role in kidnapping, robbery, or aggravated sexual assault, which was maximum... Alternative was to set the defendant free with no punishment at all )! Came from, of course, the Supreme Court, 412 ( 5th Cir provided no testimony support! This situation oliver v. Quarterman, 254 F. App ' x at 736 the required showing of deficient... Words left for President Bush appellate counsel 's failure to Make a Due Process Clause prohibited introduction... `` must have some probative value [ which is not bound to World Court rulings jury to find that Swainson... Claim that the Due Process Objection when the prosecution introduced the allegedly inflammatory material can do to bring attention. On him premises his argument on the assumption that a jury 's knowledge of parole eligibility will to... Showing of either deficient performance of Texas charged Cantu with the belt broke 5... He raped Jennifer and was later sentenced to death one that truly, haunts...
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