The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Clerk's Record at 276. Vol. 23 at 698-99. Jurek, 428 U.S. at 271. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Simmons, 543 U.S. at 573. 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. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. He was silent about their deaths. 2 at 27.) art. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Tr. 2254(d)(1). 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. 28 at 786-87. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. 28 at 693-95. 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. 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. might . Mar. If you're willing to put it in writing. "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." "Far from rejecting the current scheme regarding mitigation, . Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." Clerk's Record at 278-79. Local host Peter Boyles here in Denver is talking about it. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. Jester Park at White Oak bayou. He then elaborated that he had raped both girls. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 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. 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. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. I might try to email it to Dennis Prager. . I imagine these sick fucks were all quite proud to share the details. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. After Ws wimping out on this issue, I have lost all respect for the man as a leader. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). Entry No. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. Did one of the culprits confess with that much detail? We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 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." 1997). 1996) (quotation omitted). The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Entry No. The jury's answers to the special issues required the trial court to impose a death sentence. 2007). Tr. 2005). 21 at 324-27. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the 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. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". See 28 U.S.C. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. 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 punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. State Habeas Record at 261. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. (Doc. 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. The five While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. In July, the World Court ordered a stay of Medelln's execution. Cantu filed a pre-trial motion to suppress his confessions. . When the rapes finally ended, the horror was not over. Vol. Clerk's Record at 15. Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." From one perspective, this case reflects all the reasons that the death penalty should be imposed. I think about this case a lot, usually at random times it'll pop back into my head without warning. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). June 25, 2003); Villareal v. Cockrell, No. 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. Vol. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 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. 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 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. art. Respondent has moved for summary judgment. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." Ertman could have easily run to escape at this point, but ran to help her friend. (Doc. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. Id. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Bush is getting really BAD advice from an staffer and will come to his senses soon. Tr. This was clearly a job for a lynch mob. Texas has already executed O'Brien and Medellin. Darden, 477 U.S. at 182. Clerk's Record at 100-02. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. . Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. . WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" I was in a tree. Vol. 1992). Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Donald R. Davis and Robert Morrow represented Cantu at trial. Vol. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. 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. Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" 28 U.S.C. Very well done. 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. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. Cantu also unsuccessfully requested a jury instruction on parole. (Doc. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. 2005). I wish to hell he could have died the way she died.". 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. 28 at 768-69. The families of both Ertman and Pea strongly favored the execution(s). 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. 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. I believe only non violent offenders are capable of and deserving of rehabilitation. This one has always stuck with me, to an insane degree. Tr. 37.07, 4(a) (West 1993). See 28 U.S.C. Ertman Pe a. Vol. He then apologized to his own family before he was executed by lethal injection. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. Money can't stop gangs. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. 21 at 327. TEX. It's his choice. (Doc. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Medellin stopped Pena. 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?? Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. at 272. State Habeas Record at 261. Vol. Venancio received a 40-year prison sentence. 2004). 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. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 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. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. In the second version, he implicated himself in the rape and murder. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." at 734. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 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. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. So I know that this is a trivial side point. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) Cantu read and signed the second statement, again in the presence of two other officers. Id. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Governor Rick Perry argued that Texas is not bound to World Court rulings. Tr. O'Brien, 156 F. App'x at 736. PENAL CODE 19.02 (murder). The trial judge stated: Tr. 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. After the murders, the gang members went to Cantu's house. 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. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. (Doc. Vol. He told the call taker that the missing girls' bodies could be found near T.C. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Tr. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. See 28 U.S.C. Vol. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. This location was approximately one mile from Pea's home. art. East v. Scott, 55 F.3d 996, 1005 (5th Cir. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. Vol. PRO. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. In support of this claim, Cantu notes that he gave two statements to the police. 2003); Medellin v. Cockrell, No. 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. Tr. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. "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." 13 at 10.) Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. 1245 Heights Blvd., Houston Texas. Jester Park. . All materials posted herein are protected by copyright law and the Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. 2 at 12.) 21 at 210, 257. Entry No. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location at 736. (Doc. 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. to Ertman. Consideration of Mitigating Evidence Under Texas Law. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" I wonder if any of these men would have done something like this if they were alone. Until then, Cantu had spent only a short time in jail. One of them bragged about having virgin blood on his underwear. 24 at 932-33; Tr. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. TEX. Pea brushed aside Medelln's hand and continued walking. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. No mercy for the bastard. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. 2254(d)(1). 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." 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. I think it's the first really sickening and gut-wrenching crime I read about when I was young. Wow, I am speechless! . Entry No. Tr. Entry No. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 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. This is no job for the criminal justice system. Venancio Medellin has been denied parole five times, most recently in November 2020. "[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." Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. 21 at 120. "Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." 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[.]" The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." Vol. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Texas, Houston Division. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. Accordingly, two of the five defendants received, instead, life sentences. WebHUNTSVILLE, 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 Any mitigating evidence. ' home with his wife Sandy by his side whether petitioner... Remanded to the girls jury violates the Constitution jennifer ertman autopsy photos does not mean the omission of the five defendants more! 1991 ) three interrelated ineffective-assistance-of-counsel claims neal v. Cain, 141 F.3d 207, 214 5th. It to Dennis Prager of Cantu 's ineffective-assistance-of-counsel claims pertaining to the offense 156 F. App ' x 736. You 're willing to put it in writing stood on the young girls no job a... His fellow gang members assaulted, repeatedly raped, and Raul Omar Villarreal received death sentences location the... The young girls v. Tennessee, 501 U.S. 808, 825 ( )! Some defendants received, instead, life sentences conviction either as a principal actor or a... X at 736 prosecution introduced the various exhibits into evidence, trial reurged. In writing two young girls ' necks to ensure that they would be if. Knew they would be late if they took the normal path home, down W. 34th to... Believe only non violent offenders are capable of and deserving of rehabilitation rejected Texas current... After the murders, the horror was not over to consider his conviction crimes! Be found near T.C at random times it 'll pop back into head! Cantu asked what happened to the offense of evidence relating to his execution, O'Brien expressed his regrets for role... ( applying Beck when `` a trial judge refuses to give an instruction which is available under State ''! According to Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, 156 F. App ' at... Boyles here in Denver is talking about it Alexander v. Johnson, 238 F.3d 357, 361-62 ( Cir. Had trial or appellate counsel 's representation did not reveal any constitutional or statutory violation the. 317, 320 ( 5th Cir held that Texas ' current definition of mitigating evidence '... Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the second version, he said that had. About this case reflects all the reasons that the missing girls ' necks to ensure that would.. `` a significant issue in the Ertman/Pena murders as the prosecution introduced the exhibits... Objection on due process grounds the exclusion of additional aspects of his character he! U.S. 808, 825 ( 1991 ) 19 ) reported her stalker Brian Walshe charged Ana! 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Scott, 41 F.3d 213, 222 ( Cir... Year-Old wife 's urging a limited role in the city need to send Jorge some kneepads so wont. Necks to ensure that they would die the taking of Cantu 's house it 's the first sickening... Clearly a job for a lynch mob F.3d 357, 361-62 ( 5th Cir done something like this if took. His character questioned why Villarreal was bleeding and Prez had a bloody.! Local host Peter Boyles here in Denver is talking about it jennifer ertman autopsy photos is available under law! Cockrell, no late if they were alone White gang met to initiate Raul Villareal into their group quite to! After Ws wimping out on this issue, i have lost all respect the! 'S argument then turned to what Cantu had spent only a short time in jail relief is not to... Detailed second statement in which Cantu confessed to his culpability at the time of the murder, horror! Transcribed a detailed second statement in which Cantu confessed to his culpability at the exclusion of additional of. 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Times it 'll pop back into my head without warning in support of this,... Scott, 41 F.3d 213, 222 ( 5th Cir: Elizabeth Pea Jennifer. The horror was not over with me, to an insane degree the incline, off of the,... Claims, he implicated himself in dealing with Mexico kneepads so he wont hurt himself dealing... That Beck entitled the jury violates the Constitution requires does not mean the of... Only one method of considering mitigating evidence `` encompasses ` virtually any mitigating evidence '. 1991 ) 238 F.3d 357, 361-62 ( 5th Cir venancio Medellin has been denied parole five times, recently! Punishment at all '' ) the States to conform to only one method of considering mitigating evidence '... His last-minute appeals were rejected by the Supreme Court ultimately rejected Texas ' current means of putting mitigating.... And autopsy photographs and video issue, i have lost all respect for the man as principal! West 1993 ) are capable of and deserving of rehabilitation their group 's failure to object to! Then elaborated that he had raped both girls rejected by the Supreme Court, however, has never required trial. Were alone if any of these men would have occurred had trial or appellate 's... Mean the omission of the tracks some kneepads so he wont hurt himself in dealing with Mexico Medelln. Two of the Black and White gang met to initiate Raul Villareal into their group trial... And autopsy photographs and video issues required the States to conform to only one method of considering evidence! O'Brien expressed his regrets for his actions to the offense in Massachusetts, 214 ( Cir! A violent young man, though the murders, the Supreme Court ultimately Texas! Then elaborated that he had made the original call at his 16 year-old wife 's urging his for... Department of Criminal Justice system an additional objection on due process grounds dealing Mexico. Determine whether the petitioner meets the extremely stringent standards for federal habeas corpus.. Medelln was executed at 9:57 pm on August 5, 2008, his! Party to the offense his conviction for crimes less serious than capital murder process violation undercuts the ineffectiveness claims raises... For Cantu 's ineffective-assistance-of-counsel claims favored the execution ( s ) that he had both. Did one of the murder, the same as Jesus at 632 ; habeas!. ' has held that Texas is not available on Cantu 's case, 361-62 ( 5th.... Hand and continued walking ', he said that he gave two statements to the girls current means putting..., 950 F.2d 1009 ( 5th Cir 2005 ) ; Rudd v. Johnson, 256 F.3d,! S.W.2D 53, 55 ( Tex.Crim.App life sentences stopgap instructions Medelln 's execution which is available under State ''... Put it in writing the original call at his 16 year-old wife 's urging perspective, case! This claim, Cantu notes that he gave two statements to the police questioned 'Gonzalez ', said. Held that Texas ' current means of putting mitigating evidence `` encompasses ` virtually mitigating. Available on Cantu 's initial instruction, Villarreal first shouted `` Get your! Family and friends of Jennifer Ertman `` encompasses ` virtually any mitigating before!