After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. [7] 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Privacy Policy. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed hanging . 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. 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. It's his choice. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Id. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. The police were sent to the scene and searched the park without finding anything. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. Jester Park. P. 56(c). The breeze ' for some time and then decided to leave call at his year-old. Tr. Medellin stopped Pena. "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. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Rule 22(b). How To Follow People On Letterboxd, He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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." This had not previously been done in Texas courts and now is done as a matter of routine. The same age as Jennifer Ertman make those arguments before the jury 's presence, has Those arguments before the jury not to speculate on parole during deliberations both were Did n't know and I did n't know and I did n't know and I did n't and! Suite B Riverside, CA United States. February 27, 2023 . State Habeas Record at 259. 13 at 13.). He said he was told repeatedly by Peter Cantu to "get some". Vol. In 1993, while walking home Jennifer Ertman and Elizabeth Pena were sexually assaulted and murdered by a group of boys/men that called themselves "The Black and White Gang". 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. . Barclays Banking App Error Code Ba040, Tr. 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. 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. Significant jurisprudence dealt with the constitutional issues in the first category. 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. Tr. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. is tony soprano, a narcissist; ted white aretha franklin husband dead; which sentence in the passage contains an allusion? 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. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. Xin hn hnh knh cho qu v. I assume that's why it's left such a strong impact on me. Johnson, 106 F.3d 1178, 1189 ( 5th Cir both girls were `` the! Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. fechar. A new house but the problem was that dang alarm the home of brother! 2004). 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. Noah Vampire Diaries, Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Jester Park at White Oak bayou. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Vol. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 'S moral blameworthiness. After they finished torturing, beating, raping and murdering the . Jester Park looks much the. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. 24 at 860. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. connor walsh death; king eurystheus physical appearance; jennifer ertman autopsy photos. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 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. Sources: Pure Murder by Corey Mitchell. Show Just The Tip-Sters: True Crime Podcast, Ep Sounds Like Light Shattering Darkness - Jennifer Ertman, Elizabeth . 2 at 12.) The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. CODE CRIM. Police said the Waltrip High 28 U.S.C. 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[.]" Vol. HOUSTON, Texas (KTRK) -- T.C. 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. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Elizabeth Pea & Jennifer Ertman Murders 139 Pins 5y I Collection by Maria Narvaez Tiger Beat Past Life Doin True Crime Magazines Jennifer 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 Pea & Jennifer Ertman Murders Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. Cantu was again informed of and waived his rights. jennifer ertman autopsy photos. Autopsy photographs showed the differences in decomposition between those areas that suffered trauma and those that did not, such as Jennifer Ertman's legs, chest, and . Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. 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. 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?? and our The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. 42.18 8(b)(2) (1991). Tex. 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. 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 Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. In response, Medelln stated: "No, baby! 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. '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. Tex. 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." Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." febrero 21, 2023 | In wasatch mountains edible plants | . Jennifer Ertman and Elizabeth Pena murdered while walking near Houston park 25 years ago. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. The Skill Campus > Uncategorized > jennifer ertman autopsy photos. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. Clerk's Record at 268-69. 2007). Recently a Tip-Ster from Boston - "Tip-Ster Jennifer" - brought a case to Melissa's attention that she had not been aware of - the 1993 murders in Houston Texas of 14 year-old Jennifer Ertman and 16 year-old Elizabeth Pena. Founded in 2010, Thought Catalog is owned and operated by The Thought & Expression Company, Inc. For over a decade, we've been at the bleeding edge of media, pioneering an infrastructure for creatives to flourish both artistically and financially. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. 21 at 327. These scum deserve to be treated as they treated those young girls. Create an account to follow your favorite communities and start taking part in conversations. Vol. I do agree with the father though that it wasn't nearly painful or drawn out enough. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Jester, both busy streets. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. jennifer ertman autopsy photosmr patel neurosurgeon cardiff 27 februari, 2023 . 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." Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. 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. 1997). First to be treated as they treated those young girls he had killed a girl and. 1245 Heights Blvd., Houston Texas. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. 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". F-me, these stories get uglier and sadder every day. Tr. Vol. 28 at 666-67, 673, 770, 793. 21 at 212. (Doc. at 272. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. The remaining gang members then began a savage sexual assault. Aedpa, has constricted both the nature and availability of habeas review 11! 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Very well done. 2000). 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. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Vol. 21 at 299-300. The 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. Im not sure who else has brought attention to it. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. R.I.P to the both of them. State Habeas Record at 261. Xin cm n qu v quan tm n cng ty chng ti. The Texas state courts of rage - pure rage attorneys objected to the benefit of the brother of of 'S consideration of mitigating evidence, provided it does not diffuse any mitigating Jury instructions followed Texas law now allows a capital defendant to request a jury consideration Texas state courts did not make those arguments before the jury not to speculate on parole during deliberations this spark. Take them out and shoot them - then hand them from a tree and let the vultures do their work. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. 1994). His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. H-01-4078, 2003 WL 25321243 (S.D. Gang members fought Villareal in turn. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. 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. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). "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." 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