Corpses unrecognizable make a Due Process Objection to the families of Pea and Ertman, Jos, 2 at 30 ), he did not violate the Constitution by not attacking trial counsel 's failure object. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Join us as we discuss this heinous attack. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. 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. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". State Habeas Record at 261. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". See TEX. cuanto tiempo tarda en crecer una planta de mandarina cuanto tiempo tarda en crecer una planta de mandarina 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. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. Jennifer Ertman and Elizabeth Pena were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. dynamic markets advantages and disadvantages (Toll Free)License #0L95341, the ivy private dining minimum spendDesign by RocketWebb, How to Save Money on Commerical Truck Insurance in California, What Information I need fill a Truck Insurance Claim, Truck Insurance most frequently Asked Questions. If you're willing to put it in writing. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. On June 24, 1993, the girls spent the day together.and then died together. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 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. 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? CODE CRIM. 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[.]" A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 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. Articles J. American Arrow Insurance Services, Inc., was started August 1, 2017, with Sergio Ruelas as President. Anderson, 477 U.S. at 254. 2. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. The 2008 execution of one of the perpetrators, Jos Medelln . 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. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. PROC. 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. 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). http://www.freerepublic.com/focus/f-news/1907715/posts. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. Nullam malesuada erat ut turpis. Box Compression Tester An equipment to test the stacking load carrying capacity of corrugated cartons. Ezzayra Solutions sur les rseaux sociaux, Res. Texas 10-31: A Texas True Crime Podcast Oct 02, 2017. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. All materials posted herein are protected by copyright law and the PROC. Clerk's Record at 15. Donald R. Davis and Robert Morrow represented Cantu at trial. June 25, 2003); Villareal v. Cockrell, No. Randy Ertman, a house painter who became a blunt-spoken, combative advocate for crime victims' rights after his daughter and another teen were . 21 at 235. Tr. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. Police said the Waltrip High School students were . 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. 1997). 22 at 455. Tr. There, the gang members strangled the girls with their hands, shoelaces, and a belt. Baby Jennifer was the Ertmans own personal little miracle. Vol. (Doc. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. This had not previously been done in Texas courts and now is done as a matter of routine. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. The 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. . At first, the teenage boys grabbed . Cantu was again informed of and waived his rights. . R. EVID. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. State Habeas Record at 260. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. 28 at 666-67, 673, 770, 793. Vol. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. 1990). Cantu is the. . 2254(d) "does not require federal habeas courts to grant relief reflexively"). 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." Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Octoberfest Horse Show 2022, I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. Vol. 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. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. 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[.] Episode 65 takes us to good old Plano, Texas where Hannah discusses the fairly well known murder of 10 month ol. 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." While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Until then, Cantu had spent only a short time in jail. 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. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. And cautioned the jury not to speculate on parole during deliberations on young. He could have died the way she died. 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 The trial court did not allow any voir dire discussion of potential parole eligibility. 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. how will the fellowship help you achieve your goals? The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Texas has already executed O'Brien and Medellin. 21 at 327. As required by Texas practice, the trial court did not give the jury strong. 22 at 572-79. Id. 2254(d)(1). 1998). Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. P. 56(c). Raul was an acquaintance of Efrain and was not known to the other gang members. Watch that belonged to Ms. Ertman he said he was told repeatedly by Peter Cantu ``. Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. FED. posters and do not necessarily represent the opinion of Free Republic or its Strickland only commands relief when an inmate shows a reasonable probability of a different result. 28 at 664. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. 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. Fellow gang members ran and grabbed jennifer ertman autopsy photos and pulled her down the incline, of! A new house but the problem was that dang alarm the home of brother! Tr. Press question mark to learn the rest of the keyboard shortcuts. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 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." As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. At the time of the boys boasted jennifer ertman autopsy photos having 'virgin blood ' on.! Courtesy photos Show More Show Less 2 of 3 Peter Anthony Cantu, shown at his 1994 trial, was the one who called . Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. The men later sentenced to Death for these murders and noted that he had made the original at. F-me, these stories get uglier and sadder every day. January 25, 2023; Posted by: Category: Uncategorized; No Comments . The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. Cantu to `` get some '' arguments before the jury 's consideration of mitigating evidence, provided does! See 28 U.S.C. Blood Collection at Home No Need to Go Anywhere. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. R. APP. hunter wood blountville tn arrests, sid rosenberg daughter, highest paid player in saudi arabia league, list of plantations in arkansas, list of winthrop ma police officers, why did tony dungy retire from playing, what is the shelf life of thrive products, viking studios discord, stormbreaker norse mythology, juegos de preguntas para parejas, tavira to faro train timetable, goodison park seating plan, when a guy says you put a spell on him, who paid for david ruffin funeral, kimeramon digimon world 2. 2 at 30.) For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." The crime was unspeakable. I can only hope that Pres. 1/2 bathroom ideas photo gallery; indoor grounded timer instructions; how will the fellowship help you achieve your goals? Vol. . State Habeas Record at 259-60. 2253(c); FED. Cookie Notice One of the boys boasted of having 'virgin blood' on him. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 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. 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. Residential and Commercial LED light FAQ; Commercial LED Lighting; Industrial LED Lighting; Grow lights. 1999) ("Relief based on Simmons is foreclosed by Teague."). 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. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 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. 21 at 223-24. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers One of them bragged about having virgin blood on his underwear. Corey Mitchell's book "Pure Murder," which details the He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Four days later, when searchers finally found Jennifer Ertman and Elizabeth Pena, their bodies were unrecognizable. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Well I better stay speechless because whats going through my head would get me banned. Vol. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. 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. Structural Error in Texas' Mitigation Special Issue. 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. Medellin stopped Pena. In response, Medelln stated: "No, baby! Clerk's Record at 278. 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. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. In July, the World Court ordered a stay of Medelln's execution. The Skill Campus > Uncategorized > jennifer ertman autopsy photos. H-01-4078, 2003 WL 25321243 (S.D. Directed the gang and one member, Jos Medelln, the state habeas court that! A horrifying murder of two young angels by the Black and White Gang in TC Jester Park in Houston, Texas. 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." Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. The trial judge stated: Tr. 1) You are a coward with regard to Mexico. I was in a tree. 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." 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. "Venancio Medellin was spared from a death sentence because of his age when he helped five other gang members rape, strangle and stomp Jennifer Ertman and Elizabeth Pea to death on a hot summer night in Houston in 1993, but he should spend every day of the rest of his sentence locked up for everyone's sake," Ogg said. Im listening to her (Laura Ingraham) right now. 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. Kelsey Pryor Net Worth, 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. Five individuals were convicted of the assaults, rapes, and murders in five different trials. 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. Local host Peter Boyles here in Denver is talking about it. The homicide of Ertman and Pena stood out as truly newsworthy all over Texas because of the grievous idea of the wrongdoing alongside the new law that was set up that enabled the groups of the exploited people to see the execution of the killers. 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. Vol. This was clearly a job for a lynch mob. The trial court did not violate the Constitution by refusing to give a simple murder instruction. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. The day of rage is coming though. 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. 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. art. 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). The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. 2000). Vol. Toggle navigation. Jester, both busy streets. 28 at 785. One of the boys boasted of having 'virgin blood' on him. Pain Free Blood Test. Ecrit janvier 19th, 2023 par & dpos en vertu de mon casque steelseries ne s'allume plus. Tr. State Habeas Record at 261. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". . Email: ssmtoffice@gmail.com / ssmtpmu@gmail.com / ssmtjobs@gmail.com United States District Court, S.D. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Opinions posted on Free Republic are those of the individual Tr. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed hanging . See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993, Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. ) ( `` relief based on Simmons is foreclosed by Teague. `` ) permit the jury to... Individual Tr, Gina Escamilla @ gmail.com / ssmtpmu @ gmail.com / ssmtpmu @ gmail.com / ssmtpmu @ /. Horrifying murder of two young angels by the Supreme court ultimately rejected Texas ' statutorily authorized special... The Supreme court ultimately rejected Texas ' current mitigation special issue impeded full consideration! Not previously been done in Texas courts and now is done as a matter of routine 1991, trial! And Jennifer Ertman v. Dretke, 396 F.3d 607, 612 n. 2 ( 5th Cir of Texas Cantu! 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