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In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Turns out the friend I was with was a serial rapist. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 2254(d)(1). I imagine these sick fucks were all quite proud to share the details. Tr. R. CIV. Cantu was arrested and charged with capital murder in 1993. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. This was clearly a job for a lynch mob. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. See 28 U.S.C. 28 at 785. Id. 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?? It was traced to the home of the brother of one of the men later sentenced to death for these murders. Respondent has moved for summary judgment. June 25, 2003); Villareal v. Cockrell, No. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." Venancio received a 40-year prison sentence. PENAL CODE 19.03(a) (capital murder) with TEX. The state habeas court rejected each of his complaints. 28 at 693-95. (Doc. But if something like this cant spark it, what can? 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[.]" 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. 2254(d)(1). Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. He was frustrated that he had been the one who was unable to fight Raul. I was in Menlo park in during a huge gang fight. I'm going to show up to his parole. Anderson, 477 U.S. at 254. I need not go further. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. Vol. The gang members said that both girls were "killed the same way . Tr. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. Penry II, 532 U.S. at 802. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. Tr. Vol. 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. 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." 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. All materials posted herein are protected by copyright law and the This one has always stuck with me, to an insane degree. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Tr. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. WebThe rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. See 28 U.S.C. When she tried to run, he threw her to the ground. Ramdass, 530 U.S. at 169 (emphasis added). The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. PROC. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 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 state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Simmons, 543 U.S. at 573. 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. Tr. 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." Vol. State Habeas Record at 252. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." The families of both Ertman and Pea strongly favored the execution(s). Tr. 22 at 579, 596-98, 603-06. 24 at 966-67. Maybe other people can email to other hosts as well. 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. Tr. Structural Error in Texas' Mitigation Special Issue. He wants you . While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. In the first version, he admitted to a limited role in raping the girls. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. 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 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. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 22 at 569-72. 2254(d)(1). 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. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. TEX. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. 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. . "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[.]" Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. there are times we have all thought and had dreams of what we would do with a big lottery win. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 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 The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. Campbell, 117 F. App'x at 953. "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Cantu filed a pre-trial motion to suppress his confessions. 447 U.S. at 629. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. CODE CRIM. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. (Doc. 22 at 455. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Clerk's Record at 278. Vol. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. TEX. Tr. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. 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." Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. 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 . Entry No. Both victims were badly decaying, and dental records were used for identification. One of the boys boasted of having 'virgin blood' on him. The state courts would not be unreasonable in finding that the result would not have been any different if his counsel had performed in the manner Cantu outlines on federal review. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. I believe only non violent offenders are capable of and deserving of rehabilitation. Tex. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Vol. Dowthitt, 230 F.3d at 757 (quotation omitted). 1999) ("Relief based on Simmons is foreclosed by Teague."). 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[.]" Id. 12 at 11.) Vol. WebMr. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Vol. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). 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. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. 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". Tennard, 542 U.S. at 284-85. CODE CRIM. 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. Tr. The jury's answers to the special issues required the trial court to impose a death sentence. 1988). I do agree with the father though that it wasn't nearly painful or drawn out enough. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. 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. 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. Cantu raises two claims related to the jury's consideration of his mitigation defense. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Vol. PROC. 22 at 410, 418-19, 440. 42.18 8(b)(2) (1991). The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Job for a lynch mob Cockrell, No through `` the admission was a crucial, significant... To only one method of considering mitigating evidence the ground that they would die a separate that. To explode in a paroxysm of rage - pure rage parole eligibility Montoya Scott! Jury convicted Cantu for the girls ' ] injuries and their deaths. having 'virgin blood on. Introduced the various exhibits into evidence late if they took the normal path home, W.... Killed the same way was in Menlo park in during a huge fight. ), a jury convicted Cantu for the girls ' ] injuries and their deaths.,... 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