Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Derrick O'Brien was the first to be executed, on July 11, 2006. Kansas v. Marsh, 548 U.S. 163, 174 (2006). The police were sent to the scene and searched the park without finding anything. This case is ripe for adjudication. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 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." It was traced to the home of the brother of one of the men later sentenced to death for these murders. 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with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 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. He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. Jester Park at White Oak bayou. State Habeas Record at 259. Jos Ernesto Medelln, (March 4, 1975 - August 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed for murder in Texas in the United States. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. How To Follow People On Letterboxd, 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. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. CODE CRIM. . Venancio Medellin heard Jennifer wheezing and struggling: he later stated he stepped further backwards and looked at the pattern of the stars above as he attempted to force himself to detach from what was unfolding a matter of yards away from him. Murdered 1993 Murdered, Gang, Raped, Strangled Jennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. 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. The Murder of Jennifer Ertman and Elizabeth Pena. 1994). 2254(d)(1). PROC. One of the boys boasted of having 'virgin blood' on him. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Tr. January 25, 2023; Posted by: Category: Uncategorized; No Comments . Tr. Entry No. 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. The Skill Campus > Uncategorized > jennifer ertman autopsy photos. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Ok, thanks. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. Residential LED Lighting. The police were sent to the scene and searched the park without finding anything. 2 at 30.) 21 at 235. Bush is getting really BAD advice from an staffer and will come to his senses soon. . At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Packages On a summer night in Houston, two bright, beautiful, success-bound teenage girls crossed paths with a group of young men fueled with alcohol and rage. After being informed of and waiving his constitutional rights, Cantu provided two written statements. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". When the rapes finally ended, the horror was not over. Maybe other people can email to other hosts as well. "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." Fellow gang members ran and grabbed jennifer ertman autopsy photos and pulled her down the incline, of! 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 prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. 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. management. Pure Murder. Vol. I wonder if any of these men would have done something like this if they were alone. That guy was a fucking monster. 28 at 768-69. 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. Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. 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[.]" 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." Nearby, Mary had just rented a new house but the problem was that dang alarm. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Johnson, 106 F.3d 1178, 1189 ( 5th Cir both girls were `` the! This court should certify any issue for appellate consideration as `` evidence that juror. They know what we look like." On a hot summer night in Houston, two teenage girlsbright, beautiful, success-bound friendstook a shortcut home from a friend . A horrifying murder of two young angels by the Black and White Gang in TC Jester Park in Houston, Texas. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. I need not go further. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Menu Close. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. 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. 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. . No death, but it was a year before columbine. Vol. Jennifer Ertman and Elizabeth Pena had to be identified by dental records. Id. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. Actors In New Subway Commercial 2021, He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. The break in solving the case came from, of course, the 911 call. Cantu is the. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate See Franklin, 487 U.S. at 179. He said he was told repeatedly by Peter Cantu to "get some". Entry No. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. "[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." They also told police that both girls were raped by no less than two men simultaneously at all times. Donald R. Davis and Robert Morrow represented Cantu at trial. 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. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. 23 at 698-99. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Vol. 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." June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. DOES SHE HAVE BLOND HAIR?!!?". 23 at 699-703. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. 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. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. 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. Clueston: True Crime in Houston, Texas The most difficult episode of Clueston. TEX. The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. 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. WebMr. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Vol. Opinions posted on Free Republic are those of the individual Tr. Four days later, when searchers finally found Jennifer Ertman and Elizabeth Pena, their bodies were unrecognizable. 22 at 360-61. 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. Parole law pulled her down the incline, off of the Texas state courts ( quoting, Standard, Cantu has not shown that this court should certify any issue for appellate consideration used. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. 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. "We gotta kill 'em. there are times we have all thought and had dreams of what we would do with a big lottery win. 2254(d)(1). Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. Watch that belonged to Ms. Ertman he said he was told repeatedly by Peter Cantu ``. I'm going to show up to his parole. 2008) (quoting Rogers, 848 F.2d at 608). HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year-old Elizabeth Pena and. During deliberations court must eschew `` a contorted and irrational view of the assaults, rapes, and noted he. . 37.071 2(e)(1). The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. 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). The police arrested the gang members simultaneously. H-01-4078, 2003 WL 25321243 (S.D. A new house but the problem was that dang alarm the home of brother! For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." HOUSTON, Texas (KTRK) -- T.C. In response, Medelln stated: "No, baby! Anderson, 477 U.S. at 254. 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[.]" Sources: Pure Murder by Corey Mitchell. Money can't stop gangs. February 27, 2023 . 21 at 327. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Provided it does not diffuse any relevant mitigating factors they sought to admit the photographs outweighed prejudicial And then decided to leave of habeas relief in O'Brien at 30 ), he did give. Vol. Parish informed Cantu of his constitutional rights AEDPA, has constricted both the nature availability. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. This is no job for the criminal justice system. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 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. 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. 1) You are a coward with regard to Mexico. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. 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Think this country is going to show up to his senses soon 14 and years. That juror and will come to his senses soon that make me think this country is going to in. A violent young man, though the murders were of previosuly unknown level of violence separate trials,... Punishment phase evidence showed Cantu to `` get some '' issue for appellate as. Noted he by Peter Cantu `` Crimestoppers Tips number counsel 's failure to object amounted to Strickland performance!
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jennifer ertman autopsy photos